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HomeMy WebLinkAboutMaster ReportFile Number: 6354 Revision: B City of Miami Master Report Enactment Number: R-19-0428 File Type: Resolution File Name: Execute Fifth Amendment - Bayside Marketplace Requesting Dept: Department of Real Estate and Asset Management City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Status: ADOPTED WITH MODIFICATION(S) Controlling Body: City Commission Introduced: 8/8/2019 Final Action Date: 10/24/2019 Title: A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A FIFTH AMENDMENT TO THE AMENDED AND RESTATED LEASE AGREEMENT (RETAIL PARCEL) ("LEASE") BETWEEN THE CITY OF MIAMI ("CITY") AND BAYSIDE MARKETPLACE, LLC, A DELAWARE LIMITED LIABILITY COMPANY, SUCCESSOR BY MERGER TO BAYSIDE CENTER LIMITED PARTNERSHIP ("DEVELOPER"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE CITY -OWNED PROPERTY LOCATED AT 401 BISCAYNE BOULEVARD, MIAMI, FLORIDA TO MODIFY CERTAIN PROVISIONS OF THE LEASE TO INCLUDE AMENDING THE HEIGHT LIMITATION FOR A TEMPORARY FERRIS WHEEL ("FERRIS WHEEL") TO ONE HUNDRED EIGHTY FEET (180') ABOVE GRADE SUBJECT TO ALL APPLICABLE LAWS, RULES, AND REGULATIONS OF THE CITY OF MIAMI WITH ADDITIONAL TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN THE FIFTH AMENDMENT TO THE LEASE, WHICH INCLUDE BUT ARE NOT LIMITED TO A) THE EXPRESS RESERVATION OF ALL AIR RIGHTS TO THE CITY; B) AN INCREASE IN HEIGHT FOR THE FERRIS WHEEL ONLY; C) THE LOCATION OF THE FERRIS WHEEL AS DEPICTED ON THE EXHIBIT TO THE FIFTH AMENDMENT; D) THE PAYMENT BY THE DEVELOPER TO THE CITY OF TEN PERCENT (10%) OF GROSS RECEIPTS OF TICKET SALES FROM THE FERRIS WHEEL AND PAYMENT OF THE APPROPRIATE TICKET SURCHARGE, PURSUANT TO SECTION 53-1 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; AND E) THAT ALL OTHER HEIGHT LIMITATIONS REMAIN IN EFFECT. Notes: Links: Attachments: 6354 Exhibit CC MTG 9/26/19 (PDF) 6354 Back -Up Documents (PDF) History of Legislative File: Revision: Acting Body: Date: Action: Result: Aldo Bustamante 8/13/2019 Department Head Review Completed Christopher M Rose 8/22/2019 Budget Review Completed Fernando Casamayor 8/22/2019 Assistant City Manager Review Completed Nikolas Pascual 8/23/2019 City Manager Review Completed City Commission 9/26/2019 Meeting Completed City Commission 9/26/2019 NO ACTION TAKEN Passed A City Commission 10/24/2019 Meeting Completed A City Commission 10/24/2019 ADOPTED WITH Passed City of Miami Page 1 of 2 Printed on: 12/26/2019 * inkokr okk�io �k k�,9k B Mayor's Office B City Clerk's Office B Victoria Mendez B City Clerk's Office City of Miami Master Report Enactment Number: 11/4/2019 11/4/2019 12/20/2019 12/20/2019 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com R-19-0428 MODIFICATION(S) Signed Signed and Attested by the City Clerk Approved Form and Correctness with Modification(s) Rendered Completed Completed Completed Completed City of Miami Page 2 of 2 Printed on: 12/26/2019