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HomeMy WebLinkAboutAgenda Item Cover PageAGENDA ITEM COVER PAGE File ID: #18546 Resolution Sponsored by: Commissioner Damian Pardo A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO SECTION 29-D OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WAIVING COMPETITIVE 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 COCONUT GROVE SAILING CLUB, INC., A NON-PROFIT FLORIDA CORPORATION ("LESSEE"), FOR THE LEASING OF CITY -OWNED PROPERTY LOCATED AT 2990 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA, AS LEGALLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED ("PROPERTY"), PROVIDED SAID AGREEMENT SHALL COMMENCE ON JULY 1, 2026, FOR A TOTAL TERM OF FORTY (40) YEARS, FOR AN ANNUAL BASE RENT EQUAL TO THE GREATER OF ONE HUNDRED AND EIGHTY THOUSAND DOLLARS AND ZERO CENTS ($180,000.00), SUBJECT TO A THREE PERCENT (3%) INCREASE PER YEAR, OR PERCENTAGE RENT EQUAL TO TEN PERCENT (10%) OF GROSS SALES, 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 FORMS ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY FOR SAID PURPOSE. City of Miami Legislation Resolution Enactment Number: R-25-0527 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 18546 Final Action Date:12/11/2025 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO SECTION 29-D OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WAIVING COMPETITIVE 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 COCONUT GROVE SAILING CLUB, INC., A NON-PROFIT FLORIDA CORPORATION ("LESSEE"), FOR THE LEASING OF CITY -OWNED PROPERTY LOCATED AT 2990 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA, AS LEGALLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED ("PROPERTY"), PROVIDED SAID AGREEMENT SHALL COMMENCE ON JULY 1, 2026, FOR A TOTAL TERM OF FORTY (40) YEARS, FOR AN ANNUAL BASE RENT EQUAL TO THE GREATER OF ONE HUNDRED AND EIGHTY THOUSAND DOLLARS AND ZERO CENTS ($180,000.00), SUBJECT TO A THREE PERCENT (3%) INCREASE PER YEAR, OR PERCENTAGE RENT EQUAL TO TEN PERCENT (10%) OF GROSS SALES, 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 FORMS ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY FOR SAID PURPOSE. WHEREAS, the City of Miami ("City") is the owner of real property and improvements located at 2990 South Bayshore Drive, Miami, Florida, legally described in Exhibit "A," attached and incorporated ("Property"); and WHEREAS, Coconut Grove Sailing Club, Inc.'s ("Lessee") organizational purpose includes: (i) the promotion of sailing as a sport and recreational activity; (ii) sailing and boating instruction to the public; (iii) the promotion of seamanship and navigation; (iv) the sponsorship of races and regattas to its members and for the welfare of the general public; and WHEREAS, Section 29-D of the Charter of the City of Miami, Florida, as amended ("City Charter"), establishes 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-11-0236, adopted on June 9, 2011, determined that it was in the best interest of the City to enter into a lease agreement with Lessee for the provision of marine recreation services in accordance with the provisions of Section 29-D of the City Charter; and WHEREAS, in accordance with Resolution No. R-11-0236, the City entered into a lease agreement with the Lessee, and said lease is set to expire on June 30, 2026; and WHEREAS, City is willing to enter into a new lease agreement ("Agreement") with Lessee commencing July 1, 2026, for a total term of forty (40) years, for the uses set forth hereinafter, and subject to compliance with the restrictions contained in City Charter Section 29- D; and WHEREAS, the annual base rent shall be equal to the greater of One Hundred and Eighty Thousand Dollars and Zero Cents ($180,000.00), increasing annually by three percent (3%), or ten percent (10%) of Gross Sales; and WHEREAS, the security deposit shall be equal to Thirty Thousand Dollars and Zero Cents ($30,000.00) ("Security Deposit"); and WHEREAS, the City currently holds the sum of Eighteen Thousand Five Hundred and Forty Three Dollars and Ninety Cents ($18,543.90) as a security deposit under the current lease between City and Lessee, and, simultaneously with the execution of the new Agreement, Tenant shall deposit with City the additional sum of Eleven Thousand Four Hundred Fifty Six Dollars and Ten Cents ($11,456.10) so that the total Security Deposit equals two (2) months of the initial monthly minimum rent under the Lease; and WHEREAS, during the first ten (10) years of the lease term, the Lessee shall construct certain improvements to be more specifically described in the Agreement, including (i) replacement of the seawall at an estimated cost of One Million, Seven Hundred Fifty Thousand Dollars ($1,750,000.00), (ii), during the first twenty (20) years of the lease term, the Lessee shall replace the north and south dock and associated dredging at an estimated cost of Two Million Dollars ($2,000,000.00), and (iii) continue capital repairs as needed; and WHEREAS, Lessee shall be responsible, at its sole cost and expense, for the construction of all improvements within the Property, including, but not limited to, labor, supplies, materials, equipment, and professional services; and WHEREAS, Lessee shall also be responsible, at its sole cost and expense, for complying with all governmental and regulatory requirements, including, but not limited to, obtaining all necessary land development, building, electrical, marine -related, or other permits, consents, and approvals, as well as any utility, telecommunications, or computer hook-ups; and WHEREAS, the agreement shall be presented to the City's 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; 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 Agreement, in a form acceptable to the City Attorney, with Lessee, for the lease of the Property, provided said Agreement shall commence on July 1, 2026, and continue for a total term of forty (40) years, for an annual base rent equal to the greater of One Hundred and Eighty Thousand Dollars and Zero Cents ($180,000.00), subject to a Three percent (3%) increase per year, or percentage rent equal to ten percent (10%) of gross sales, with terms and conditions as more specifically set forth in said Agreement. 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 for said purpose. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: rge = . Wyy ng II , C y ttor -y 12/2/2025 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. 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.