RE.4 - Award Virginia Key Marina Lease Proposal
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A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AWARDING REQUEST FOR PROPOSALS NO. 16-17-011 (“RFP”) FOR THE LEASE OF CITY OF MIAMI-OWNED WATERFRONT PROPERTY FOR MARINAS/RESTAURANT/STORE USES LOCATED AT APPROXIMATELY 3301, 3605, 3501, 3311, AND 3511 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN THE ATTACHED AND INCORPORATED EXHIBIT “A” (“PROPERTY”), TO VIRGINIA KEY, LLC ("PROPOSER") SUBJECT TO APPROVAL BY A MAJORITY OF THE VOTES CAST BY THE ELECTORATE AT A REFERENDUM ELECTION; AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT ("LEASE"), IN SUBSTANTIALLY THE FORM ATTACHED AND INCORPORATED AS EXHIBIT “B,” WITH PROPOSER FOR AN INITIAL TERM OF FORTY-FIVE (45) YEARS, WITH TWO (2) FIFTEEN (15) YEAR RENEWAL TERMS, AND PAYMENT TO THE CITY OF A MINIMUM GUARANTEED ANNUAL RENT EQUAL TO TWO MILLION, TWO HUNDRED THOUSAND AND 00/100 DOLLARS ($2,200,000.00) INCREASED ANNUALLY, PLUS PERCENTAGE RENT EQUAL TO SIX PERCENT (6%) OF GROSS REVENUES FOR THE PR...
June 11, 2026
Sponsors
Department of Real Estate and Asset Management
Damian Pardo
Vote Details
ADOPTED
Motion to: Adopt
Mover: Damian Pardo, Commissioner
Seconder: Rolando Escalona, Commissioner
Ayes (5):
King, Gabela, Pardo, Escalona, Rosado
Enactment Number: R-26-0254
Department: Department of Real Estate and Asset Management
Category: Other
WHEREAS, the City of Miami ("City") owns the property located at approximately 3301, 3605, 3501, 3311, and 3511 Rickenbacker Causeway, Miami, Florida on Virginia Key, as more particularly described in the attached and incorporated Exhibit “A” ("Property"); and
WHEREAS, the City issued Request for Proposals No. 16-17-011 ("RFP") on February 17, 2017, to solicit a plan to redesign, construct, renovate, redevelop, lease, manage, and operate a mixed-use waterfront facility, including but not limited to a marina, boatyard, dock master’s office, store, dry storage, wet slip docks, and at least one (1) restaurant at the Property; and
WHEREAS, three (3) proposals were received and deemed responsive in accordance with the RFP's terms and conditions; and
WHEREAS, pursuant to the RFP, the City Manager convened a selection committee to review and evaluate the proposals (“Selection Committee”), which ultimately recommended Virginia Key, LLC (“Proposer”) as the top-ranked proposer; and
WHEREAS, the City Manager approved the recommendation of the Selection Committee on June 15, 2017; and
WHEREAS, on June 27, 2017, the second ranked proposer filed a bid protest; and
WHEREAS, on July 20, 2017, in accordance with Chapter 18 of the Code of the City of Miami, Florida, as amended (“City Code”), and the requirements of the RFP, a bid protest hearing was held before a Hearing Officer; and
WHEREAS, on July 27, 2017, the Hearing Officer rendered an order denying the bid protest and affirming the City Manager's recommendation to award a contract to the Proposer as the highest ranked responsive, responsible proposer; and
WHEREAS, on August 8, 2017, the Hearing Officer entered a final order denying the bid protest and affirming the City Manager's recommendation to award a contract to the Proposer as the highest ranked responsive, responsible proposer; and
WHEREAS, on September 1, 2017, the second ranked proposer appealed the Hearing Officer’s decision by filing a Petition for Writ of Certiorari to the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County, Florida (“Circuit Court”), styled Case No. 2017-000335-AP-01; and
WHEREAS, the Circuit Court heard oral arguments on the matter and rendered an opinion on September 11, 2018, denying the second ranked proposer’s petition in Case No. 2017-000335-AP-01, thereby upholding the Hearing Officer’s decision affirming the City Manager’s recommendation to award a contract to the Proposer; and
WHEREAS, on October 11, 2018, the second ranked proposer appealed the Circuit Court’s decision by filing a Petition for Writ of Certiorari to the Third District Court of Appeal of Florida (“Third District Court of Appeal”), styled Case No. 3D18-2061; and
WHEREAS, on February 13, 2019, the Third District Court of Appeal issued an opinion denying the second ranked proposer’s petition in Case No. 3D18-2061, thereby upholding the Hearing Officer’s decision affirming the City Manager’s recommendation to award a contract to the Proposer; and
WHEREAS, on November 16, 2020, the City Commission passed Resolution No. R-20-0361, rejecting all proposals in connection with the RFP; and
WHEREAS, thereafter, the Proposer filed a complaint against the City in the Circuit Court, styled Case No. 2021-022931-CA-01, and on February 10, 2023, the Circuit Court entered a final judgment in favor of Proposer, declaring that the City must award the RFP to the Proposer, pending approval by the public; and
WHEREAS, on July 31, 2024, the Third District Court of Appeal issued an opinion affirming the Circuit Court’s final judgment in Case No. 2021-022931-CA-01 pursuant to Case No. 3D23-436;
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 herein as if fully set forth in this Section.
Section 2. The RFP is hereby awarded to Proposer subject to approval by a majority of the votes cast by the electorate at a referendum election.
Section 3. The City Manager is authorized to execute a lease agreement for the Property, in substantially the form attached and incorporated as Exhibit “B,” with Proposer for an initial term of forty-five (45) years, with two (2) fifteen (15) year renewal terms and payment to the City of a minimum guaranteed annual rent equal to Two Million,Two Hundred Thousand and 00/100 Dollars ($2,200,000.00), increased annually, plus percentage rent equal to six percent (6%) of gross revenues for the privately funded redevelopment of a marina on the Property, including boat storage, restaurants, retail, and public parking, as more particularly set forth in such lease agreement, subject to approval by a majority of the votes cast by the Electorate at a Referendum Election, and in accordance with the requirements of the City Charter and all other applicable laws.
Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.
WHEREAS, the City issued Request for Proposals No. 16-17-011 ("RFP") on February 17, 2017, to solicit a plan to redesign, construct, renovate, redevelop, lease, manage, and operate a mixed-use waterfront facility, including but not limited to a marina, boatyard, dock master’s office, store, dry storage, wet slip docks, and at least one (1) restaurant at the Property; and
WHEREAS, three (3) proposals were received and deemed responsive in accordance with the RFP's terms and conditions; and
WHEREAS, pursuant to the RFP, the City Manager convened a selection committee to review and evaluate the proposals (“Selection Committee”), which ultimately recommended Virginia Key, LLC (“Proposer”) as the top-ranked proposer; and
WHEREAS, the City Manager approved the recommendation of the Selection Committee on June 15, 2017; and
WHEREAS, on June 27, 2017, the second ranked proposer filed a bid protest; and
WHEREAS, on July 20, 2017, in accordance with Chapter 18 of the Code of the City of Miami, Florida, as amended (“City Code”), and the requirements of the RFP, a bid protest hearing was held before a Hearing Officer; and
WHEREAS, on July 27, 2017, the Hearing Officer rendered an order denying the bid protest and affirming the City Manager's recommendation to award a contract to the Proposer as the highest ranked responsive, responsible proposer; and
WHEREAS, on August 8, 2017, the Hearing Officer entered a final order denying the bid protest and affirming the City Manager's recommendation to award a contract to the Proposer as the highest ranked responsive, responsible proposer; and
WHEREAS, on September 1, 2017, the second ranked proposer appealed the Hearing Officer’s decision by filing a Petition for Writ of Certiorari to the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County, Florida (“Circuit Court”), styled Case No. 2017-000335-AP-01; and
WHEREAS, the Circuit Court heard oral arguments on the matter and rendered an opinion on September 11, 2018, denying the second ranked proposer’s petition in Case No. 2017-000335-AP-01, thereby upholding the Hearing Officer’s decision affirming the City Manager’s recommendation to award a contract to the Proposer; and
WHEREAS, on October 11, 2018, the second ranked proposer appealed the Circuit Court’s decision by filing a Petition for Writ of Certiorari to the Third District Court of Appeal of Florida (“Third District Court of Appeal”), styled Case No. 3D18-2061; and
WHEREAS, on February 13, 2019, the Third District Court of Appeal issued an opinion denying the second ranked proposer’s petition in Case No. 3D18-2061, thereby upholding the Hearing Officer’s decision affirming the City Manager’s recommendation to award a contract to the Proposer; and
WHEREAS, on November 16, 2020, the City Commission passed Resolution No. R-20-0361, rejecting all proposals in connection with the RFP; and
WHEREAS, thereafter, the Proposer filed a complaint against the City in the Circuit Court, styled Case No. 2021-022931-CA-01, and on February 10, 2023, the Circuit Court entered a final judgment in favor of Proposer, declaring that the City must award the RFP to the Proposer, pending approval by the public; and
WHEREAS, on July 31, 2024, the Third District Court of Appeal issued an opinion affirming the Circuit Court’s final judgment in Case No. 2021-022931-CA-01 pursuant to Case No. 3D23-436;
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 herein as if fully set forth in this Section.
Section 2. The RFP is hereby awarded to Proposer subject to approval by a majority of the votes cast by the electorate at a referendum election.
Section 3. The City Manager is authorized to execute a lease agreement for the Property, in substantially the form attached and incorporated as Exhibit “B,” with Proposer for an initial term of forty-five (45) years, with two (2) fifteen (15) year renewal terms and payment to the City of a minimum guaranteed annual rent equal to Two Million,Two Hundred Thousand and 00/100 Dollars ($2,200,000.00), increased annually, plus percentage rent equal to six percent (6%) of gross revenues for the privately funded redevelopment of a marina on the Property, including boat storage, restaurants, retail, and public parking, as more particularly set forth in such lease agreement, subject to approval by a majority of the votes cast by the Electorate at a Referendum Election, and in accordance with the requirements of the City Charter and all other applicable laws.
Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.
Fiscal Impact
N/A