HomeMy WebLinkAboutBack-Up from Law DeptSec. 29-13. - City -owned property sale or lease—Generally.
Notwithstanding any provision to the contrary contained in this Charter or the City Code, and except
as provided below, the city commission is prohibited from favorably considering any sale or lease of
property owned by the city unless there is a return to the city of fair market value under such proposed sale
or lease. The city commission is also prohibited from favorably considering any sale or lease of city -owned
property unless (a) there shall have been, prior to the date of the city commission's consideration of such
sale or lease, an advertisement soliciting proposals for said sale or lease published in a daily newspaper
of general paid circulation in the city, allowing not less than ninety (90) days for the city's receipt of proposals
from prospective purchasers or lessees, said advertisement to be no less than one-fourth ('/4) page and the
headline in the advertisement to be in a type no smaller than 18 -point and, (b) except as provided below,
there shall have been at least three (3) written proposals received from prospective purchasers or lessees;
however, if there are less than three (3) such proposals received and if the guaranteed return under the
proposal whose acceptance is being considered is equal to fair market value the city commission
determines that the contemplated sale or lease will be in the city's best interest then, subject to the approval
of a majority of the votes cast by the electorate at a referendum, the sale or lease may be consummated.
Any lease for the development of improvements of city -owned property which has been approved by voter
referendum shall require additional voter referendum approval for a development on City -owned property
where the developer has not obtained the necessary building permits within four (4) years of the effective
date of the lease. Such section shall not be applicable when the delay in the performance of any obligation
is as a result of force majeure, or litigation that questions the validity of the vote, or the City Commission
action to place the question for referendum, then the performance of such obligation shall be extended by
the length of the delay. In the case of city -owned property which is not waterfront, when the value of such
property to be sold or leased (individual leaseholds within a single city -owned property shall not be
considered as a single parcel of property for such valuation purposes) is five hundred thousand dollars
($500,000) or less, based on an appraisal performed by a state -certified appraiser, the city commission, by
a 4/5ths affirmative vote, may sell or lease said city -owned property after compliance with the advertisement
requirements set forth above but without the necessity of a referendum.
The above provisions and any other city requirements for competitive bidding shall not apply when:
(a) conveying property to implement housing programs or projects which are intended to benefit
persons or households with low and/or moderate income, the criteria of which to be provided for
by federal and/or state law or by the city commission;
(b) conveying property to implement projects authorized under the Florida Community
Redevelopment Act of 1969, as amended;
(c) conveying property to implement projects of any governmental agency or instrumentality;
(d) disposing of property acquired as a result of foreclosure;
(e) disposing of property acquired in connection with delinquent taxes which properties were
conveyed to the city by the Miami -Dade board of county commissioners under the provisions of
Section 197.592 Florida Statutes, as amended; and
(f) disposing of non -waterfront property to the owner of an adjacent property when the subject
property is 7,500 square feet or less or the subject non -waterfront property is non -buildable.
Notwithstanding anything herein to the contrary, the city commission, by a 4/5ths affirmative vote, may:
(a) grant a lessee of city -owned property a one-time extension during the last five years of its lease,
without the necessity of a referendum, for the purpose of funding additional capital improvements.
The extended term shall not exceed twenty-five percent of the original term or ten years,
whichever is less. The granting of such an extension is subject to the lessee paying fair market
rent as determined by the city at the time of such extension and not being in default of its lease
with the city nor in arrearage of any monies due the city; and
(b) amend the Lease Agreement between the City of Miami and Biscayne Bay Restaurant Corp.,
d/b/a Rusty Pelican, dated February 13, 1970, as amended, to (i) extend the lease for an
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additional term of fifteen (15) years, with the option to renew for two (2) additional five (5) year
periods, (ii) increase the amount of the minimum guarantee to the City to at least $360,000 per
lease year effective upon execution of the lease amendment, and (iii) require Rusty Pelican to
complete capital improvements to the property, including a public baywalk, in the amount of not
less than $3 Million, within twenty-four (24) months of the effective date of the lease amendment.
Notwithstanding anything in this Charter to the contrary, the City may enter into leases or management
agreements, for any City -owned submerged lands, with entities having a possessory or ownership interest
in the abutting riparian uplands for building marinas, docks or like facilities, using methods adopted by
ordinance on the condition that such leases or management agreements result in a return to the City of at
least fair market value.
(Res. No. 87-678, § 2(a), 7-9-87/11-3-87; Res. No. 01-841, § 2, 8-9-01; Res. No. 01-843, § 2, 8-
9-01; Res. No. 03-855, § 2, 7-24-03; Res. No. 14-0184, § 1, 5-8-14; Res. No. 14-0225, § 1, 6-12-
14)
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