HomeMy WebLinkAboutR-76-0647RECC/Yb
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RESOLUTION NO. 75-347
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO ENTER INTO AN AGREEMENT ON BEHALF OF
THE CITY OF MIAMI WITH AMERICAN DESIGN &
DEVELOPMENT CORP. OF MIA"1I (D/B/A BRICKELL
PLACE) FOR THE LEASE OF CERTAIN) BAY BOTTOM
LANDS FOR A PERIOD OF 10 YEARS, [':ITH TWO
10-YEAR OPTIONS, UNDER THE TERMS AND CON-
DITIONS AS CONTAINED THEREIN.
WHEREAS, Section 3(f) of the Charter of the City
of Miami gives the City power to acquire and dispose of
property, "real or personal or any estate or interest therein";
and
WHEREAS, the City in years past has acquired legal
title to certain bottom land of Biscayne Bay; and
WHEREAS, the City Commission finds that the public
interest will best be served by private development of the
said bottom land through leasing the same to private developers
for the construction of a private marina thereon
tenants and dwellers of adjoining buildings; and
serving the
"DCl
T}_M NO.
WHEREAS, the City's lease of the desired land to
the developers would not require the issuance of bonds nor
the exercise of its power of eminent domain nor any additional
acquisition of land by purchase or otherwise; and
WHEREAS, the City Commission finds that the said
bottom land is not currently needed for municipal use and will
not be needed in the foreseeable future; and
WHEREAS, the highest and hest use of said land is
found to be its utilization as a private marina hereunder;
and
WHEREAS, through the execution of the attached
lease agreement the City will retain title should there be
any future municipal need for said land; and
WHEREAS, the rental proceeds from the lease agree-
ment will be used for the public purpose of providing services
Ci Y
JUL1
11
to City inhabitants thereby contributing to the general
welfare of said inhabitants by indirectly affording some
tax relief due to the City's receipt of the rental income
from said lease;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION
OF THE CITY OF MIAMI, FLORIDA:
Section 1. The City Manager is hereby authorized
to enter into a lease agreement on behalf of the City of Miami
with American Design & Development Corp. of Miami (d/b/a Brickell
Place) for the lease of certain bay bottom lands for a period
of 10 years with two 10-year options, under the terms and con-
ditions as contained therein.
PASSED AND ADOPTED this 1 day of JULY
1976.
MAURICE A. FERRE
MAYOR
H. D. SOUTHERN
CITY CLERK
PREPARED AND APPROVED BY:
11)
61-1../C
ROBERT F. CLARK
Assistant City Attorney
APPROVED AS TO FORM AND CORRECTNESS:
FRANK H. WESTON
Acting City Attorney
IV TS
CITY OF MIAMI. FLORIDA
INTEROFFICE MEMORANDUM
TO.
FRO'
Honorable Members of
the City Commission
P. W.'Andrews
City Manager
DATE.
JUN 2 5 1975
FILE:
SUBJECT • Lease Agreement between the City
of Miami and Brickell Place
Agenda Item #27 - City Commission
REFERENCEVeeting July 1, 1976
ENCLOSURES:
On January 23, 1976, the City of Miami Commission did, by Resolution No. 75-75,
grant permission to Brickell Place, located at 1901 Brickell Avenue, Miami,
to erect a marina, as per plans on file in conjunction with their upland
development.
Subsequently, a Certificate of Use was issued by the Internal Improvement
Fund of the State of Florida to the Brickell Place Corporation, allowing
them to erect a marina on this site. Certain of the Bay Bottom land involved
with the marina leas deeded to the City of Miami by the Internal Improvement
Fund of the State of Florida. To accommodate the marina, a Bay Bottom lease
must be entered into bet•.:eeen The City and Brickell Place.
The administration has now negotiaLod and prepared a Lease Agreement for the
premises to be leased. It is reco minded that the attached Resolution be
approved authorizing the City Ibnagcr to enter into a ten year Lease Agreement,
with two ten year options, between the City of Piano. and Brickell Place, at
an annual rental rate of $4,1.72.12, plus four (T) percent Florida State Use
Tax. Terns for a lease fee adjust of twenty (2O) percent or the cost of
living index, whichever is greater, has been included for the two ten year
options.
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