HomeMy WebLinkAboutR-25-0446City of Miami
Resolution R-25-0446
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 18334 Final Action Date: 10/23/2025
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.
SPONSOR(S): Commissioner Miguel Angel Gabela, Commissioner Damian Pardo,
Commissioner Joe Carollo, Commissioner Christine King
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 Amended
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, 2014,
and, as further amended by that Fifth Amendment to Amended and Restated Lease Agreement
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
particularly described in the Lease ("Leased Property"); and
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
City of Miami Page 1 of 3 File ID: 18334 (Revision: A) Printed On: 11/25/2025
File ID: 18334 Enactment Number: R-25-0446
ferris wheel and incorporates an additional requirement to construct a structure with a height of
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
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 3 File ID: 18334 (Revision: A) Printed on: 11/25/2025
File ID: 18334 Enactment Number: R-25-0446
APPROVED AS TO FORM AND CORRECTNESS:
ge Wy j ng III, C y tor -y 11/6/2025
City of Miami Page 3 of 3 File ID: 18334 (Revision: A) Printed on: 11/25/2025