HomeMy WebLinkAboutR-17-0490City of Miami
Legislation
Resolution R-17-0490
File Number: 2876
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 10/12/2017
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, AUTHORIZING THE CITY MANAGER, BY A FOUR-
FIFTHS (4/5THS) AFFIRMATIVE VOTE, TO WAIVE COMPETITIVE BIDDING
AND TO EXECUTE A FIFTH AMENDMENT TO THE LEASE AGREEMENT
("FIFTH AMENDMENT"), IN SUBSTANTIALLY THE ATTACHED FORM,
BETWEEN THE CITY OF MIAMI ("CITY") AND THE MIAMI OUTBOARD CLUB,
INC., A NON-PROFIT FLORIDA CORPORATION ("LESSEE"), FOR USE OF A
PORTION OF CITY -OWNED WATERFRONT PROPERTY ON WATSON ISLAND
LOCATED AT 1099 MACARTHUR CAUSEWAY, MIAMI, FLORIDA 33132
("LEASE PROPERTY"), WITH SAID FIFTH AMENDMENT TO (1) EXTEND THE
CURRENT LEASE TERM BY AN ADDITIONAL TERM OF TWENTY-FIVE (25)
YEARS WITH TWO (2) ADDITIONAL TEN (10) YEAR OPTIONS TO RENEW FOR
A POSSIBLE TOTAL EXTENSION TERM OF FORTY-FIVE (45) YEARS
("EXTENSION TERM"); (2) INCREASE THE TOTAL EXTENSION TERM BASE
MONTHLY RENT TO FAIR MARKET VALUE, AS DETERMINED BY TWO (2)
INDEPENDENT APPRAISALS, TO THE AMOUNT OF THIRTEEN THOUSAND
DOLLARS ($13,000.00) INCREASED ANNUALLY BY THREE PERCENT (3%)
WITH THE CONTINUED PROVISION OF COMMUNITY SERVICE CREDITS; (3)
MODIFY THE PERCENTAGE RENT PAYMENT TO INCLUDE REVENUES
COLLECTED FOR MEMBERSHIP DUES AND BOAT STORAGE; (4) PROVIDE
FOR SIGNIFICANT CAPITAL IMPROVEMENTS TO THE LEASE PROPERTY, AT
THE LESSEE'S SOLE EXPENSE, OF A MINIMUM OF SIX MILLION DOLLARS
($6,000,000.00) TO BE COMPLETED WITHIN SIX (6) YEARS OF THE FIFTH
AMENDMENT'S EFFECTIVE DATE; AND (5) PROVIDE FOUR (4) SLIPS FOR
USE BY THE CITY'S POLICE DEPARTMENT MARINE PATROL UNIT;
RESERVING ALL AIR RIGHTS FOR FUTURE CITY BUILDINGS, ALL RIGHTS
TO SUBMERGED LANDS FOR FUTURE CITY BOAT SLIPS AND MARINAS,
AND ALL RIGHTS OF ACCESS TO THE LEASE PROPERTY; WITH SUCH
ADDITIONAL TERMS AND CONDITIONS AS CONTAINED IN THE FIFTH
AMENDMENT.
WHEREAS, the City of Miami ("City") is the owner of real property and improvements
located at 1099 MacArthur Causeway, Miami, Florida 33132 ("Lease Property"); and
WHEREAS, on November 2, 1993, the electorate of the City approved amending the
Charter of the City of Miami, Florida, as amended ("Charter"), to establish a procedure for
waiving competitive bidding and referendum requirements when entering into a lease or
extending an existing lease with a nonprofit, noncommercial, 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 any applicable master plans, and compliance with requirements prescribed by
any ordinances pertaining to an organization using City -owned facilities; and
City of Miami Page 1 of 3 File ID: 2876 (Revision: 8) Printed On: 1/26/2018
File ID: 2876 Enactment Number: R-17-0490
WHEREAS, the City Commission by Resolution No. 95-865 passed and adopted on
December 7, 1995, determined that it is in the best interest of the City to enter into a Lease
Agreement ("Lease") with the Miami Outboard Club, Inc. ("Lessee") for the provision of marine -
recreation services in accordance with the provisions of Section 29-D of the Charter; and
WHEREAS, the City leased to the Lessee the Lease Property for a term of twenty (20)
years commencing on April 1, 1996 and expiring on March 31, 2016 with the option to renew for
two (2) additional five (5) year periods; and
WHEREAS, the Parties amended the Lease on December 5, 2000 ("First Amendment"),
June 6, 2005 ("Second Amendment"), May 24, 2011 ("Third Amendment"), and June 4, 2013
("Fourth Amendment"); and
WHEREAS, the City and the Lessee wish to enter into this Fifth Amendment to the
Lease modifying certain provisions and extending the current Lease term by an additional
twenty-five (25) years with two (2) additional ten (10) year options to renew for a possible total
extension term of forty-five (45) years ("Extension Term"), which will enable the Lessee to
finance substantial improvements to the Lease Property pursuant to Section 29-D of the
Charter;
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. Pursuant to Section 29-D of the Charter, the City Manager is authorized,' by
a four-fifths (4/5ths) affirmative vote, to waive competitive bidding and to execute a Fifth
Amendment to the Lease, in substantially the attached form, to (1) extend the current Lease by
the additional term of twenty-five (25) years with two (2) additional ten (10) year options to
renew for the possible total extension term of forty-five (45) years; (2) increase the Extension
Term Base Monthly Rent to fair market value, as determined by two (2) independent appraisals,
by the amount of thirteen thousand dollars ($13,000.00), increased annually by three percent
(3%) and with the continued provision of Community Service Credits; (3) modify the Percentage
Rent payment to include revenues collected for membership dues and boat storage; (4) provide
for significant capital improvements to the Lease Property at the Lessee's sole expense of a
minimum of six million dollars ($6,000,000.00) to be completed within six (6) years of the Fifth
Amendment's Effective Date; and (5) provide four (4) slips for use by the City's Police
Department Marine Patrol Unit; with such additional terms and conditions as contained in the
Fifth Amendment to the Lease.
Section 3. The City shall reserve all air rights for future City buildings, all rights to
submerged lands for future City boat slips and marinas, and all rights of access to the Lease
Property, with such additional terms and conditions as contained in the Fifth Amendment.
Section 4. This Resolution shall become effective immediately upon its adoption and
' The herein authorization is further subject to compliance with all requirements that may be imposed by
the City Attorney, including but not limited to, those prescribed by applicable City Charter and City Code
provisions.
City of Miami Page 2 of 3 File ID: 2876 (Revision: B) Printed on: 1/26/2018
File ID: 2876
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
1
"na de�ty At#or iey 11/14/2017
Enactment Number: R-17-0490
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.
City of Miami Page 3 of 3 File ID: 2876 (Revision: B) Printed on: 1/26/2018