Loading...
HomeMy WebLinkAbout2003-25426 Reso RESOLUTION NO. 2003-25426 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AN AMENDMENT TO THAT CERTAIN SECOND AMENDED AND RESTATED/CONSOLIDATED LEASE AGREEMENT BY AND BETWEEN THE CITY OF MIAMI BEACH AND MIAMI BEACH WATERSPORTS CENTER, INC. (MBWC), FOR A PARCEL OF LAND AND FACILITIES LOCATED AT 6500 INDIAN CREEK DRIVE, MIAMI BEACH, FLORIDA, AMENDING PARAGRAPH 15.6 OF SAID AGREEMENT, BY EXTENDING THE DATE, BY A PERIOD OF THREE (3) MONTHS, FROM NOVEMBER 28, 2003 TO FEBRUARY 28, 2004, FOR MBWC TO OBTAIN A FINAL BUILDING PERMIT FOR THE PROPOSED IMPROVEMENTS TO PARCEL "A" WHEREAS, 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, with parking lot facilities, located at 6500 Indian Creek Drive for the development of a rowing facility, at the JCC's sole cost and expense; and WHEREAS, an Assignment of the Lease was approved by the Mayor and City Commission on April 17, 1996, (via Resolution No. 96-21955), assigning all interest in the Lease from the JCC to Miami Beach Watersports Center, Inc. (MBWC). The current Lease, as amended and restated, has a term of thirty (30) years (including the only ten (10) year option which was has been exercised), terminating on May 21,2021; and WHEREAS, in accordance with the Second Amended and Restated/Consolidated Lease Agreement, MBWC has endeavored to construct capital improvements, including a dry dock facility to house its rowing sculls (Parcel "B"), as well as the addition of a second story to the existing rowing facility building (Parcel "A") to be used primarily as meeting and conference space; and WHEREAS, construction on the dry dock facilities on Parcel "B" are substantially completed, and permits for construction of the second story on Parcel "A" are currently being reviewed by the City's Building Department; and WHEREAS, the deadline for MBWC to obtain a building permit on Parcel "A" was November 28, 2003, but due to certain unanticipated delays encountered during the permitting process, mainly due to MBWC's appeal to the Miami-Dade County Fire Prevention and Safety Appeals Board, as a result of a City Fire Department requirement of an additional means of egress (beyond the 2 stairwells originally proposed), said deadline was not met; and WHEREAS, MBWC's appeal was ultimately denied, but subsequently a settlement was reached with the Fire Department on widening the two originally proposed stairwells, an alternative that had not previously been considered, and the plans have since been amended and are in the final review and approval stage; and WHEREAS, MBWC has approached the City requesting an extension of said permitting deadline for Parcel "A"; and WHEREAS, MBWC has been diligent in its efforts to pursue construction of the project, and as such the Administration does not foresee any problems with granting said request, and parties concur that a three (3) month extension, until February 28, 2004, would provide adequate time for MBWC to address any outstanding permitting issues. 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 hereby approve, and authorize the Mayor and City Clerk to execute an amendment . to that certain Second Amended And Restated/Consolidated Lease Agreement by and between the City Of Miami Beach and Mi~mi Beach Watersports Center, Inc. (MBWC), for a parcel of land and facilities located at 6:;00 Indian Creek Drive, Miami Beach, Florida, amending Paragraph 15.6 of said Agreement, by extending the date, by a period of three (3) months, from November 28, 003 to February 28, 2004, for MBWC to obtain a final building permit for the proposed improvements to Parcel "A". PASSED and ADOPTED this 10th day of December, 2003. ATTEST: ~ rcw1M CITY CLERK JMG\CMC\JD\rd T:\AGENDA'2.003\dec1003\consent\SHANE.LeaseAmend.RES.doc APPROVED AS TO FORM & lANGUAGE & FOR EXeCUTION ~f~ City AttorKiY IYf~ CITY OF MIAMI BEACH COMMISSION ITEM SUMMARY lD - Condensed Title: A Resolution approving an amendment to the Second Amended and Restated/Consolidated Lease Agreement between the City and Miami Beach Watersports Center (MBWC) for the property located at 6500 Indian Creek Drive (A1K1A Shane Watersports Center), amending Paragraph 15.6, by extending the date, by a period of three (3) months, from November 28, 2003 to February 28, 2004, MBWC to obtain a final building permit for the proposed improvements to Parcel "A" Issue: Should the three (3) month extension for MBWC to obtain a building permit for Parcel "A" be approved? Item Summary/Recommendation: Miami Beach Watersports Center, Inc. (MBWC) currently leases City property at 6500 Indian Creek Drive, for use as a rowing facility. MBWC is required to make certain capital improvements, including the construction of a dry dock facility (Parcel B) to house rowing sculls (construction of which is substantially complete) and the addition of a second story on the existing building (Parcel A) for meeting and conference rooms. The Lease requires that building permits for Parcel A be obtained no later than November 28, 2003, but due to unanticipated delays, the deadline was not met. Said delays were mainly associated with City Fire Department review requiring an additional means of egress (only two were proposed), which their architect did not concur with. MBWC appealed to the Miami-Dade County Fire Prevention and Safety Appeals Board, but eventually lost the appeal (this process delayed permitting by approximately 3 months). Subsequently a settlement was reached on widening the two proposed stairwells, an alternative not previously considered. The plans have been amended and are in the final review and approval stage. MBWC has requested an extension to said deadline. MBWC has been diligent in their efforts regarding improvements to the facilities and the Administration does not foresee any problems with granting the mutually agreed to extension of three (3) months, and recommends same. Adopt the Resolution. IAdvI.O~ Bo... Recommend.';on, Financial Information: Source of Funds: Amount Approved 1 D Finance Dept. Ci Clerk's Office Le islative Trackin Jose Damien, Asset Manager Si n-Offs: Department Director Assistant City Manager City Manager c T:\AG ENDA \2003\dec1 003\consent\shane.LeaseAmend.SUM.doc AGENDA ITEM DATE C7D 1).-10-03 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 WNW.ci.miami-beach.f1.us COMMISSION MEMORANDUM To: From: Mayor David Dermer and Members of the City Commission Jorge M. Gonzalez ap.C- City Manager Date: December 10, 2003 Subject: A RESOLUTION OFTHE MAYOR AND CITY COMMISSION OFTHE CITY OF MIAMI BEACH, FLORIDA, APPROVING AN AMENDMENT TO THAT CERTAIN SECOND AMENDED AND RESTATED/CONSOLIDATED LEASE AGREEMENT BY AND BETWEEN THE CITY OF MIAMI BEACH AND MIAMI BEACH WATERSPORTS CENTER, INC. (MBWC), FOR A PARCEL OF LAND AND FACILITIES LOCATED AT 6500 INDIAN CREEK DRIVE, MIAMI BEACH, FLORIDA, AMENDING PARAGRAPH 15.6 OF SAID AGREEMENT, BY EXTENDING THE DATE, BY A PERIOD OF THREE (3) MONTHS, FROM NOVEMBER 28, 2003 TO FEBRUARY 28, 2004, FOR MBWC TO OBTAIN A FINAL BUILDING PERMIT FOR THE PROPOSED IMPROVEMENTS TO PARCEL "A" ADMINISTRATION RECOMMENDATION Adopt the Resolution. BACKGROUND 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, with parking lot facilities, located at 6500 Indian Creek Drive for the development of a rowing facility, at the JCC's sole cost and expense. An Assignment of the Lease was approved by the Mayor and City Commission on April 17, 1996, (via Resolution No. 96-21955), assigning all interest in the Lease from the JCC to Miami Beach Watersports Center, Inc. (MBWC). The current Lease, as amended and restated, has a term of thirty (30) years (including the only ten (10) year option which was has been exercised), terminating on May 21,2021. In accordance with the Second Amended and Restated/Consolidated Lease Agreement, MBWC has endeavored to construct capital improvements, including a dry dock facility to house its rowing sculls (Parcel "B"), as well as the addition of a second story to the existing rowing facility building (Parcel "A") to be used primarily as meeting and conference space. Construction on the dry dock facilities on Parcel liB" are substantially completed, and permits for construction of the second story on Parcel "A" are currently being reviewed by the City's Building Department. However, the deadline for MBWC to obtain a building permit on Parcel"A" was November 28, 2003, but due to certain unforeseen delays encountered during the permitting process, mainly associated with obtaining City Fire Department approvals, the deadline was not met. MBWC advised that the Fire Department required an additional means of egress, beyond the two stairwells which had been proposed by their architect, which was not previously anticipated. MBWC and their consultants did not agree and appealed the decision to the Miami-Dade County Fire Prevention and Safety Appeals Board, but eventually lost the appeal (this process delayed the review by approximately 3 months). Subsequently a settlement was reached on widening the two originally proposed stairwells, an alternative that had not previously been considered. The plans have since been amended and are in the final review and approval stage. In light of the foregoing, MBWC approached the City requesting an extension of the permitting deadline for Parcel "A". MBWC has been diligent in its efforts to pursue construction of the project, and as such the Administration does not foresee any problems with granting said request. The Administration and MBWC have agreed that a three (3) month extension, until February 28, 2004, would provide adequate time for them to address any outstanding permitting issues. The Administration recommends that the Mayor and City Commission adopt the attached Resolution approving an amendment to the Second Amended and Restated/Consolidated Lease Agreement, between the City and the MBWC, extending the date, by three (3) months, from November 28, 2003 to February 28, 2004, by which MBWC is required to obtain a final building permit for Parcel "A". JMG:~D:rd Attachment T:\AGENDA\2003\DEC1 003\CONSENTlSHANE@6500AMENDMENT.MEMO.DOC