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HomeMy WebLinkAboutLegislation-SUBCity of Miami Resolution Legislation THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 18334 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A SIXTH AMENDMENT TO THE AMENDED AND RESTATED LEASE AGREEMENT (RETAIL PARCEL) ("LEASE") BETWEEN THE CITY OF MIAMI ("CITY") AND BAYSIDE MARKETPLACE, LLC, A DELAWARE LIMITED LIABILITY COMPANY, SUCCESSOR BY MERGER TO BAYSIDE CENTER LIMITED PARTNERSHIP ("DEVELOPER"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE CITY -OWNED PROPERTY LOCATED AT 401 BISCAYNE BOULEVARD, MIAMI, FLORIDA TO MODIFY CERTAIN PROVISIONS OF THE LEASE TO INCLUDE CONSTRUCTION OF INTERIM IMPROVEMENTS AND UTILITY PEDESTALS, PROVISION OF NOT LESS THAN 1,000 SQUARE FEET OF LEASE SPACE TO ACCOMMODATE CITY FIREBOAT CREW SERVICES, ESTABLISH PIER RENT PAYABLE BY TENANT TO CITY IN THE AMOUNT OF $1,059,082.00 ANNUALLY, AND AUTHORIZE TENANT'S NEW ALTERNATIVE DEVELOPMENT PROPOSAL, SUBJECT TO ALL APPLICABLE LAWS, RULES, AND REGULATIONS OF THE CITY WITH ADDITIONAL TERMS AND CONDITIONS AS MORE PARTICULARLY NEGOTIATED AND SET FORTH IN THE SIXTH AMENDMENT TO THE LEASE. WHEREAS, the City of Miami ("City") and Bayside Marketplace, LLC, a Delaware Limited Liability Company, successor by merger to Bayside Center Limited Partnership ("Developer"), are the current landlord and tenant, respectively, under that certain Amended and Restated Lease Agreement dated October 15, 1985, as amended by that certain First Amendment to Amended and Restated Lease Agreement dated August 19, 1986, as further amended by that certain Second Amendment to Amended and Restated Lease Agreement, dated November 24, 1987, as further amended by that certain Third Amendment to Amen4d and Restated Lease Agreement dated April 15, 1993, as further amended by that certain Release and Settlement Agreement dated December 30, 2008, as amended by that certain Fourth Amendment to Amended and Restated Lease Agreement dated September 24, 20-'b4, and, as further amended by that Fifth Amendment to Amended and Restated Lease Agreement 1 dated May 29, 2020 (collectively and together with all attachments, exhibits, or riders thereto, "Lease") for certain premises located at Bayside Marketplace in Miami, Florida, as more _ =1 particularly described in the Lease ("Leased Property"); and •• m ut WHEREAS, a memorandum of the Lease was recorded in Book 12684, at Page 157 and supplemented in Book 13492, at Page 3199 of the Public Records of Miami -Dade County, Florida; and WHEREAS, the Developer has terminated the Tower Sublease and wishes to provide for an alternative proposal, which acknowledges the development of the signature observation ferris wheel and incorporates an additional requirement to construct a structure with a height of City of Miami 18334 Legislation -SUB Page 1 of 2 File ID: 18334 (Revision:) Printed On: 10/20/2025 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP File ID: 18334 ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Enactment Number: at least fifty (50) feet and a minimum of five thousand (5,000) square feet of observation area ("Alternative Proposal") and WHEREAS, the City and the Developer (collectively, "Parties") desire to modify certain provisions of the Lease, as more specifically set forth in the sixth amendment to the Lease ("Sixth Amendment"); and WHEREAS, the Sixth Amendment shall include the Alternative Proposal as well as various other benefits to be negotiated by the City Manager, including, but not limited to, construction of interim improvements and utility pedestals, the allocation of one thousand (1,000) square feet of lease space for use by the City's Fire Department, and the establishment of pier rent payable by Tenant to City in the amount of $1,059,082.00 annually; and WHEREAS, the Sixth Amendment shall be presented to the City of Miami Climate Resilience Committee Advisory Board ("CRC") on the next feasible CRC Board agenda for its review in accordance with Section 2-1271 of the Code of the City of Miami, Florida, as amended; and WHEREAS, the Sixth Amendment is subject to all other applicable laws, rules, and regulations of the City of Miami including Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"); NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Manager is authorized' to negotiate and execute the Sixth Amendment, in a form acceptable to the City Attorney, for the Leased Property to modify certain provisions of the Lease including, but not limited to, construction of interim improvements and utility pedestals, provision of not less than one thousand (1,000) square feet of lease space to accommodate City Fireboat Crew Services, establish pier rent payable by Tenant to City in the amount of $1,059,082.00 annually, and authorize the Alternative Proposal, in lieu of a Tower. Section 3. This Resolution shall become effective immediately upon adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: I 1 The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to, those prescribed by applicable City Charter and City Code provisions. 2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 2 of 2 File ID: 18334 (Revision:) Printed on: 10/20/2025 City of Miami Legislation Resolution City Hall 3500 Pan American Miami, FL 331 www.miamigo File Number: 18334 Final Ac ' • n Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING TH MANAGER TO NEGOTIATE AND EXECUTE A SIXTH AMENDMENT T AMENDED AND RESTATED LEASE AGREEMENT (RETAIL PARCEL BETWEEN THE CITY OF MIAMI ("CITY") AND BAYSIDE MARKETP DELAWARE LIMITED LIABILITY COMPANY, SUCCESSOR BY M BAYSIDE CENTER LIMITED PARTNERSHIP ("DEVELOPER"), ACCEPTABLE TO THE CITY ATTORNEY, FOR THE CITY-0 LOCATED AT 401 BISCAYNE BOULEVARD, MIAMI, FLORI PROVISIONS OF THE LEASE TO INCLUDE CONSTRUC IMPROVEMENTS AND UTILITY PEDESTALS, PROVISI 1000 SQUARE FEET OF LEASE SPACE TO ACCOM CREW SERVICES, ESTABLISH PIER RENT PAYA AMOUNT OF $1,059,082.00 ANNUALLY, AND AU TENANT'S NEW ALTERNATIVE DEVELOPME PROPOSAL"), IN LIEU OF A TOWER; PROVI PROPOSAL/S SHALL BE DOCUMENTED I PRESENTED FOR CITY COMMISSION A APPLICABLE LAW, VOTER REFEREND APPLICABLE LAWS, RULES, AND R ADDITIONAL TERMS AND CONDIT THE SIXTH AMENDMENT TO TH ITY HE "LEASE") CE, LLC, A GER TO A FORM ED PROPERTY TO MODIFY CERTAIN N OF INTERIM OF NOT LESS THAN DATE CITY FIREBOAT BY TENANT TO CITY IN THE ORIZE CONSIDERATION OF PROPOSAL ("ALTERNATIVE G ANY SUCH ALTERNATIVE N AMENDMENT TO THE LEASE, ROVAL, AND, IF REQUIRED BY M APPROVAL; SUBJECT TO ALL ULATIONS OF THE CITY OF MIAMI WITH NS AS MORE PARTICULARLY SET FORTH IN EASE. WHEREAS, the City of Mi. i ("City") and Bayside Marketplace, LLC, a Delaware Limited Liability Company, succ--sor by merger to Bayside Center Limited Partnership ("Developer"), are the current . ndlord and tenant, respectively, under that certain Amended and Restated Lease Agreement -ted October 15, 1985, as amended by that certain First _; Amendment to Amended - d Restated Lease Agreement dated August 19, 1986, as furthers amended by that certai . econd Amendment to Amended and Restated Lease Agreement; dated November 24, ; :7, as further amended by that certain Third Amendment to Amended and Restated Leas- greement dated April 15, 1993, as further amended by that certain;-;, Release and Settl- ent Agreement dated December 30, 2008, as amended by that certain - Fourth Amend t to Amended and Restated Lease Agreement dated September 24, 2014, and, as furthe . mended by that Fifth Amendment to Amended and Restated Lease Agreementi dated May 2020 (collectively and together with all attachments, exhibits, or riders thereto, 3 "Lease") fcertain premises located at Bayside Marketplace in Miami, Florida, as more` particul- y described in the Lease ("Leased Property"); and WHEREAS, a memorandum of the Lease was recorded in Book 12684, at Page 157 and s-plemented in Book 13492, at Page 3199 of the Public Records of Miami -Dade County, orida; and WHEREAS, the City and the Developer (collectively, "Parties") desire to modify certain provisions of the Lease, as more specifically set forth in the sixth amendment to the Lease ("Sixth Amendment"); and WHEREAS, the Sixth Amendment shall be presented to the City of Miami Climate Resilience Committee Advisory Board ("CRC") on the next feasible CRC Board agenda for its review in accordance with Section 2-1271 of the Code of the City of Miami, Florida, as amended; and WHEREAS, the Sixth Amendment is subject to all other applicable laws, rules, and regulations of the City of Miami including Ordinance No. 13114, the Zoning Ordinance of e City of Miami, Florida, as amended ("Miami 21 Code"); NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE C Y OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this ' esolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Manager is authorized' to negotiate and ex: ute the Sixth Amendment, in a form acceptable to the City Attorney, for the Leaseroperty to modify certain provisions of the Lease including construction of interim improvem s and utility pedestals, provision of not Tess than 1000 square feet of lease space to acc• modate City Fireboat Crew Services, establish pier rent payable by Tenant to City in the a ► . unt of $1,059,082.00 annually, and authorize consideration of Tenant's new alternative deve - • ment proposal ("Alternative Proposal"), in lieu of a Tower; providing any such Alternativ- 'roposalls shall be documented in an amendment to the Lease, presented for City Commiss • n approval, and, if required by applicable law, voter referendum approval. Section 3. This Resolution shall become e ctive immediately upon adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECT SS: 1 T herein authorization is further subject to compliance with all requirements that may be imposed by City Attorney, including but not limited to, those prescribed by applicable City Charter and City Code rovisions. 2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission.