HomeMy WebLinkAboutItem #13 - Discussion ItemTAXES: S: If the property becomes subject to ad valorem
takes, the lessee will pay taxes; on the building
and fixtures, The City will deduct from the rent
any taxes attributable to they land This Masi a
key issue and critical to Grove Kays The restaurant
and fixtures area fixed asset, while the amount of
t Ik on the land could be extremely subjccti.Vc on the
part of the County Assessor, further, it is in the
long-term interests of the City to keep public
property from being assessed,
IMPROVEMENTS 8Y CITY: The City will construct an access
road from I3ayshorc to the leased pretni.ses When
financing has been obtained, We will also provide
water and sanitary sewer to the property line.
The sublessee is responsible for landscaping and
ornamental lighting.
TERM: The Addendum extends the terra of the Grove Key lease
for 30 years, which also covers the area subleased for
the restaurant. This provision was the 1 xnpetus for
Grove Key Marina, Inc. to consider a restaurant facility
on this site. Their position is that the restaurant's
successful operation is tied directly to the operation
and maintenance of t,nr marina due to their proximity.
OWNERSHIP OF IMPROVEMENTS: Miring the term of the lease the
improvements shall be the property of the Company and
the Sublessee. At the termination all real property
becomes the property of the City,
EASEMENTS: If the City initiates a tram or waterborne transit
system the lease-prw:icles for access, to and across the
property.
TERMINATION: If at the end of 20 years the City, for some
currently unforeseen reason requires the property, it
is possible to, terminate the lease by paying "fair
market value" on investments, improvements and
projected profit.
SUBLEASE
Al.1 of the above provisions also apply to the sublease. In addition,
the following points are highlighted:
Mr. Grassie
3
tt4PkoVF.MfNTS t Sublessee shall construct restaurant etnd
cocktail lounge of approv i mated y 32000 squares feet
with hot less than 200 person dining capacity and
125 lounge capacity, Total cost for the improve-
Monts shall not be less thtttl $600►00t).
A walkway wi.l.l he built along the bay shore and the
public will have free access to same:
INSURANCE! Adequate _insurance holding the City harmless
is incorporated.
The site plan for this proposed development was reviewed by the
Planning Advisory Board at their January 5, 1977 meeting. The
Planning Advisory Board approved the concept unanimously and
recommends the development to the City Commission,
1t is my rccommendat:ion that these leases he forwarded to the
City Commission for their review and approval.
LOCATION
APPLICANT
OWNER
NtOUEST
EXPLANATION
BACKGROUND
RECOMMENDATIONS
-PLANNING
DEPARTMENT
-PLANNING
ADVISORY
BOARD
7pprdxitnately 2664 South Bayshote Drive
Office of the City Manager, City of Miami,
becenber ?, 1976
City of Miami, Florida
Consideration of site and development plan approval on a
proposed restaurant on City -owned property known as Grove
Key Marina at Dinner Key as required by Section 4 (1),
ARTICL1 XVIII-1 , (Public Parks and Recreational Use)
P-it District
The applicant, the City of Miatni, has leased certain
City owned properties to Grove Key Marina, inc., whose
business involves the servicing of boats and sale of
boating accessories. As a part of the new lease agree-
ment with the City, the Commission required the leasee
to proceed with plans to construct a restaurant on the
leased property. The City Commission in October 14,
1976 adopted Resolution 76-885 instructing the City
administration to expedite the proposal to construct the
major restaurant facility. A requisite to processing
this matter requires the submission of a site and devel-
opment plan since the property is zoned P-R (Public Parks
and Recreational Use).
Located immediately adjacent to the waters edge, the pro-
posed restaurant facility is proposed to contain ten thousand
(10,000) square feet of space on two levels, parking to
accommodate 129 cars on two separate sites would provide for
patron parking. Access to and from the restaurant would be
from South Bayshore Drive via a new service road that would
provide direct access with secondary access to be provided
from Pan American Drive.
Approval subject to the submission of detailed site, lands-
caping and building plans for. Planning Department aroval
The establishment of a major restaurant facility within the
Dinner Key complex is in accordance with the aims of the
Dinner Key Master Plan.
Recommended approval, Resolution itP1113 3-77, January 5, 1977..
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honorable City Commission
Attention! Mr. Joseph R. Grassi°
City of Miami, Plorida
Gentlemen!
77 .1
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Ail 22
klimuary 6, 1977
t SITE & DEVELOPMINT pLAN
.t=0:elmEtsr..E.0
Approximately 2664 So, Bayshore
City oWried property known as
GroVe Key Marina
The Miami Planning Advisory Board, at its tueetinq of :January 5, 1977,
It:cict folloing an advertised nearing, adopted Resolution No.
PAT 3-77 by a 7 to 0 vote Recommendin9 sile and duvc.lopment plan
approval on a proposed restaurant on City-lie:fled property known as
Grovt! 1:/-y Marina, at approximately 2664youth Bayshore Drive, Dinner
Key, it:3 required by Section 4 (1), ARTICLE YVIII-1 (Public P:uks
& Recreational Use) District.
No (Jnjections ware rereivc:d in the
A Pn:1,0110N to poi thin approval L red by the City
A:•tor.-:ey's of:11,7e and sld.,;aitt(...1Icr ci, idcrati-n cn7 tho City
cm
CC : Lae,' pepart!w.!nt
Planning Departil,ent
Tc:nt,itivo City Cowinisnioh date:
Sincurely,
• • /-•
Robert A. Davis, Director
Department of Administration
Planning and Zoning Boards
January 26, 1977.
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January 20, 1977
arsve Key teaee
Richard t. Pos noen, bireetor
Planning bepartment
It response to the City Commission's concerns with the language in
the Grove Key lease covering the access road and the possibility of
the inclusion of bad debts in the promotional food section (paragraph
12 (e) )of the sublease we have taken the following actions:
1. The map indicating the area to be leased to Grove
Key specifically excludes the access street thereby
providing access across the street if needed.
2. We have included in the lease, language which excludes
bad debts from item 12 (e) in the definition of gross
receipts.
These changes have been concurred in by Mr. Meredith and are now
incorporated in the lease provisions
RLF:jd
attachment
t tha aMauft Whig% would othetwise be payable i i a rdAACe
th paragraph (A) above.
reduction _tom tent to the City for ad valorem taxes
aha11 not apply to ad valorem ta.tes attributable to the building,
aqUipmeht bt fixtures of the Restaurant Vacility, which shall be
paid by the Sublessee.
11. Rent Deposit
On the date this Sublease is executed, the Sublessee shall pay to
the Sublessor the sum of $9,000. as advance payment of the first three
months minimum monthly rent due hereunder This amount shall be
promptly returned to Sublessee in the event of failure of any of the
conditions subsequent in paragraph 3 above to have occurred
12. Gross Receipts:
The term "gross receipts" as used herein shall include all receipts,.
whether collected or accrued, derived by the Sublessee from all busi-
ness conducted upon or from the Premises, including but not limited
to receipts from sale of food, beverages, alcoholic beverages, mer-
chandise, or from any source whatsoever; excluding the following
items:
(a) Retail sales taxes, excise taxes, or related
direct taxes on the consumer and collected by
Sublessee;
(b) Receipts from the sale of waste or scrap materials
resulting from Sublessor's operations on the Premises
(c) Receipts from the sale or trade-in value of any
furniture, fixtures, or equipment used on the Premises;
(d) The cost or value of meals or discounts given to
employees of Sublessee;
(e) The cost or value of food and beverage used for
entertainment and business promition purposes by
officers and employees of Sublessee; but in no instance
shall this provision be construed to .include bad debts,