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2002-24892 Reso RESOLUTION NO. 2002-24892 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING ON JULY 10, 2002, TO HEAR PUBLIC COMMENT REGARDING A PROPOSED SECOND AMENDED AND RESTATED LEASE AGREEMENT WITH MIAMI BEACH WATERSPORTS CENTER, INC., FOR THE CONTINUED USE OF CITY-OWNED PROPERTY LOCATED AT 6S00 INDIAN CREEK DRIVE, MIAMI BEACH, FLORIDA, AS A ROWING FACILITY; FURTHER TO CONSIDER WAIVER, BY SnTHS VOTE, OF THE COMPETITIVE BIDDING AND APPRAISAL REQUIREMENTS; AS REQUIRED BY SECTION 82-39 OF THE MIAMI BEACH CITY CODE. WHEREAS, on December 14, 1988, the City and the Miami Beach Jewish Community Center (JCC) entered into a Lease Agreement for the JCC's use of the City- owned property, located at 6500 Indian Creek Drive, for use as a rowing facility; and WHEREAS, on November 20, 1991, the City and JCC executed an Amended and Restated Lease Agreement to construct and operate the rowing facility and to extend the term of the Lease; and WHEREAS, the Lease was assigned to the Miami Beach Watersports, Inc. (MBW) in 1996, and the facility is now known as the Shane Watersports Center, said initial term commencing on May 22, 1991, and ending on May 21,2011, with an option to extend commencing on May 22, 2011, and ending on May 21, 2021; and WHEREAS, MBW has requested to amend the Lease, by means of a Second Amended and Restated Lease Agreement, in order to exercise its option to extend the term, as provided therein, and to allow for construction of additional improvements, at MBW's sole costs and expense, including the addition of a second story to the existing facility and construction of a dry dock facility; and WHEREAS, Section 82-39 of the Miami Beach City Code, goveming the sale/lease of public property, requires a public bidding process, a Planning Department analysis, and an independent appraisal to determine the value of the leasehold interest; as well as a public hearing to obtain citizen input; and WHEREAS, Section 82-39 further provides for the waiver of the competitive bidding and appraisal requirements, by 5/7ths vote of the Mayor and City Commission, for leases of City land of five (5) years or less, upon a finding by the Mayor and City Commission that the public interest would be served by waiving such conditions. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission of the City of Miami Beach, Florida, set a public hearing on July 10, 2002, to hear public comment regarding a proposed Second Amended and Restated Lease Agreement with Miami Beach Watersports Center, Inc., for the continued use of City- owned property located at 6500 Indian Creek Drive, Miami Beach, Florida, as a rowing facility; further to consider waiver, by 5/7ths vote, of the competitive bidding and appraisal requirements; as required by Section 82-39 of the Miami Beach City Code. PASSED and ADOPTED this 1.l9th day of June ,2002. 6' CITY CLERK ATTEST: JMG\RCM\JD\rlr F:\DDHP\$ALLIASSET\Shane\SHANE.PHearing.RES.doc APMOVED AS TO FORM & LANGUAGE aFOl EXECUTION b"'l1.- 0')..-- CITY OF MIAMI BEACH COMMISSION ITEM SUMMARY m - Condensed Title: A Resolution of the Mayor and City Commission setting a Public Hearing on July 10, 2002, to hear public comment regarding the proposed second amendment and restatement of the existing Lease Agreement with Miami Beach Watersports Center, Inc., for the use of City-property located at 6500 Indian Creek Drive, Miami Beach, Florida; further to consider waiving, by 5/7ths vote, the competitive bidding and appraisal requirements as required by Section 82-39 of the Miami Beach City Code. Item SummarvlRecommendation: Miami Beach Watersports Center, Inc. has requested to amend the Lease. Adopt the Resolution. Advisory Board Recommendation: I N/A Financial Information: Amount to be expended: None D Finance Dept. Source of Funds: AGENDA ITEM (!.. 7 H DATE~ CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.ci.miami-beach.fl.u5 COMMISSION MEMORANDUM To: Mayor David Dermer and Members of the City Commission Date: June 19, 2002 From: Jorge M. Gonzal~AI"'~ A .J-A~'"Ai'. City Manager ,r''''''(JH - .~. Subject: A RESOLUTION OF THE MAYOR AND CITY COMMISSION SETTING A PUBLIC HEARING ON JULY 10, 2002, TO HEAR PUBLIC COMMENT REGARDING THE PROPOSED SECOND AMENDMENT AND RESTATEMENT OF THE TERMS OF THE EXISTING LEASE AGREEMENT WITH MIAMI BEACH WATERSPORTS CENTER, INC., FOR THE USE OF CITY-OWNED PROPERTY LOCATED AT 6S00 INDIAN CREEK DRIVE, MIAMI BEACH, FLORIDA; FURTHER TO CONSIDER WAIVER, BY SnTHS VOTE, OF THE COMPETITIVE BIDDING AND APPRAISAL REQUIREMENTS; AS REQUIRED BY SECTION 82-39 OF THE MIAMI BEACH CITY CODE ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS On December 14, 1988, the City of Miami Beach (City) and the Miami Beach Jewish Community Center (JCC) entered into a Lease Agreement for the JCC's use of the City- owned property located at 6500 Indian Creek Drive, a portion of which was intended to be used as a rowing facility. On November 20, 1991, the City and JCC executed an Amended and Restated Lease Agreement to construct and operate the rowing facility and to extend the term of the lease. The Lease was assigned to the Miami Beach Watersports, Inc. (MBW) in 1996 and the facility is known as the Shane Watersports Center. MBW has requested to amend the Lease. Section 82-39 of the Miami Beach City Code, governing the sale/lease of public Property, provides that the lease of any City-owned property for a period of five years or less, including option periods, requires the following: . a public bidding process . a Planning Department analysis . an independent appraisal to determine the value of the leasehold interest . a public hearing to obtain citizen input Section 82-39 further provides for the waiver of the competitive bidding requirement, by 5/7ths vote of the Mayor and City Commission, upon a finding by the Mayor and City Commission that the public interest would be served by waiving such conditions. There is also a requirement that there be a minimum fifteen (15) day advertised notice advising of the public hearing. In order to enable the Mayor and City Commission to hold the public hearing in a timely manner, the Administration is recommending that the date for said public hearing be set at this time. Based on the foregoing, the Administration recommends that the Mayor and City Commission set the public hearing for July 10, 2002, to consider the proposed Lease and proposed waiver of the competitive bidding and appraisal requirements. JMG\RCM\CMC\JD\rlr T:\AGENDA\2002\JUN1902\CONSENT\SHANE.PHearlng.MEM.doc