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HomeMy WebLinkAboutAgenda Item Cover PageAGENDA ITEM COVER PAGE File ID: #18463 Resolution Sponsored by: Commissioner Damian Pardo A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, PURSUANT TO SECTION 29-D OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WAIVING THE BIDDING AND REFERENDUM REQUIREMENTS AND AUTHORIZING THE CITY MANAGER, TO NEGOTIATE AND EXECUTE A LEASE AGREEMENT ("AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI ("CITY") AND MIAMI YACHT CLUB, INC., A NON-PROFIT FLORIDA CORPORATION ("LESSEE"), FOR THE LEASING OF APPROXIMATELY 6.56 ACRES OF REAL PROPERTY AND BAY BOTTOM LAND, OF CITY -OWNED WATERFRONT PROPERTY ON WATSON ISLAND, LOCATED AT 1001 MACARTHUR CAUSEWAY, MIAMI, FLORIDA ("PROPERTY"), FOR THE PURPOSE OF OPERATING A YACHT CLUB, SAID AGREEMENT TO: (1) COMMENCE ON APRIL 1, 2026 AND CONTINUE FOR AN INITIAL TERM OF THIRTY YEARS, WITH TWO (2) OPTIONS TO RENEW OF FIVE (5) YEARS EACH; (2) BE AT AN ANNUAL BASE RENT OF ONE HUNDRED FORTY FOUR THOUSAND DOLLARS AND ZERO CENTS ($144,000.00), AND PERCENTAGE RENT EQUAL TO TEN (10%) OF GROSS SALES EXCEEDING ONE HUNDRED AND TWENTY THOUSAND DOLLARS AND ZERO CENTS ($120,000.00) WITH A TWO AND HALF PERCENT (2.5%) INCREASE IN THE ANNUAL BASE RENT, WITH TERMS AND CONDITIONS AS MORE SPECIFICALLY SET FORTH IN SAID AGREEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY. City of Miami Legislation Resolution Enactment Number: R-25-0477 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 18463 Final Action Date:11/20/2025 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, PURSUANT TO SECTION 29-D OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WAIVING THE BIDDING AND REFERENDUM REQUIREMENTS AND AUTHORIZING THE CITY MANAGER, TO NEGOTIATE AND EXECUTE A LEASE AGREEMENT ("AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI ("CITY") AND MIAMI YACHT CLUB, INC., A NON-PROFIT FLORIDA CORPORATION ("LESSEE"), FOR THE LEASING OF APPROXIMATELY 6.56 ACRES OF REAL PROPERTY AND BAY BOTTOM LAND, OF CITY -OWNED WATERFRONT PROPERTY ON WATSON ISLAND, LOCATED AT 1001 MACARTHUR CAUSEWAY, MIAMI, FLORIDA ("PROPERTY"), FOR THE PURPOSE OF OPERATING A YACHT CLUB, SAID AGREEMENT TO: (1) COMMENCE ON APRIL 1, 2026 AND CONTINUE FOR AN INITIAL TERM OF THIRTY YEARS, WITH TWO (2) OPTIONS TO RENEW OF FIVE (5) YEARS EACH; (2) BE AT AN ANNUAL BASE RENT OF ONE HUNDRED FORTY FOUR THOUSAND DOLLARS AND ZERO CENTS ($144,000.00), AND PERCENTAGE RENT EQUAL TO TEN (10%) OF GROSS SALES EXCEEDING ONE HUNDRED AND TWENTY THOUSAND DOLLARS AND ZERO CENTS ($120,000.00) WITH A TWO AND HALF PERCENT (2.5%) INCREASE IN THE ANNUAL BASE RENT, WITH TERMS AND CONDITIONS AS MORE SPECIFICALLY SET FORTH IN SAID AGREEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY. WHEREAS, the City of Miami ("City") is the owner of real property and improvements located at 1001 MacArthur Causeway, Miami, Florida, legally described in Exhibit "A," attached and incorporated herein ("Property"); and WHEREAS, on November 2, 1993, the electorate of the City of Miami approved Charter Amendment No. 1 thereby amending the Charter of the City of Miami to establish a procedure for waiving competitive bidding and referendum requirements when entering into a lease or extending an existing lease with a non-profit, non-commercial, water -dependent organization which provides or seeks to provide marine -recreation services and/or activities to the community at any city -owned waterfront property, provided certain conditions are met pertaining to public access, public use, waterfront setback and view -corridor requirements, fair return to the City, compliance with the master plan and requirements prescribed by ordinance pertaining to an organization using city -owned facilities; and WHEREAS, the City Commission, pursuant to Resolution No. R-97- 535, adopted on July 24, 1997, determined that it is in the best interest of the City to enter into a lease agreement with the Miami Yacht Club, Inc. ("MYC") for the provision of marine recreation services in accordance with the provisions of Section 29-D of the Charter of the City of Miami, Florida, as amended; and WHEREAS, the City entered into a lease agreement with MYC and said lease is set to expire on March 31, 2026; and WHEREAS, City is willing to lease such property to Lessee for the use set forth hereinafter; and WHEREAS, the base annual rent is equal to One Hundred Forty -Four Thousand Dollars and Zero Cents ($144,000.00) for the first year; and WHEREAS, a guarantee deposit of Twenty -Four Thousand Dollars and Zero Cents ($24,000.00), will also be payable to City; and WHEREAS, the monthly percentage rent is equal to Ten Percent (10%) of Gross Sales exceeding One Hundred and Twenty Thousand Dollars and Zero Cents ($120,000.00); and WHEREAS, a two and half percent (2.5%) increase in the annual base rent will be applied for every year including the renewal terms; and WHEREAS, during the initial term of the lease, the MYC shall construct certain Improvements to be more specifically described in the Agreement, including (i) installation of a Modular Dockmaster Office and associated bathing facilities and (ii) Concrete Dock Replacement at an estimated cost of $3,720,000 and partial Concrete Dock Replacement at an estimated cost $1,270,000; and WHEREAS, Lessee shall be solely responsible for the construction and cost of all improvements to the marina, building, and restaurant located at the Property, including but not limited to labor, supplies, materials, equipment, professional services, any surrounding or adjacent municipal, governmental, regulatory requirements, land development, building, electrical, marine related or similar permits, consents, and approvals or any utility and telecommunications or computer hook-ups; and WHEREAS, the City desires and intends to enter into a new Lease Agreement authorizing the Lessee's leasing of the Property as provided herein commencing April 1, 2026 and continue for an initial term of Thirty (30) years with two (2) options to renew of five (5) years each; 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 herein as if fully set forth in this Section. Section 2. The City Manager is authorized to negotiate and execute a Lease Agreement, in a form acceptable to the City Attorney, with the MYC for the leasing of approximately 6.56 acres of land (approximately 3.69 upland and 2.87 submerged bay bottom) and improvements thereon, located 1001 MacArthur Causeway, Watson Island, Miami, Florida, as set forth herein and the Agreement . 1 The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to, those prescribed by applicable City Charter and City Code provisions. Section 3. The City Manager is further authorized' to negotiate and execute all documents, including amendments and modifications to the Lease Agreement, in forms acceptable to the City Attorney, as may be necessary. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: ge Wy j ng III, C y tor -y 11/10/2025 e , ge Wy j ng III, C y -ttor -y 12/18/2025 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.