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Home My WebLink AboutR-21-0125City of Miami tn�l6_OF Fa. V Legislation *tliti fill! IiRl 11 +*� Resolution: R-21-0125 File Number: 7611 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 3/25/2021 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, CONFIRMING, AND APPROVING THE CITY MANAGER'S RECOMMENDATION AND WRITTEN FINDING, ATTACHED AND INCORPORATED AS EXHIBIT "A," PURSUANT TO SECTION 29-B(C) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CHARTER"); WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), BASED UPON RESOLUTION NOS. R-16-0347 AND R-16-0348 ADOPTED JULY 29, 2016 AND SUBSEQUENT SPECIAL ELECTION RESULTS OF TUESDAY, NOVEMBER 8, 2016 WHICH AUTHORIZED THE RELATED AMENDMENT OF THE CHARTER AS CERTIFIED BY RESOLUTION NO. R-16-0618 ADOPTED DECEMBER 8, 2016 (COLLECTIVELY, "CITY COMMISSION AND VOTER REFERENDUM APPROVALS"), AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY"); AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A LEASE AGREEMENT ("AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY AND DADE HERITAGE TRUST, INC., A NOT -FOR -PROFIT CORPORATION ORGANIZED UNDER FEDERAL AND STATE OF FLORIDA LAWS, FOR THE CITY -OWNED BUILDING LOCATED AT 190 SOUTHEAST 12TH TERRACE, MIAMI, FLORIDA 33131 ("PROPERTY") FOR AN INITIAL TERM OF FIVE (5) YEARS WITH ONE (1) FIVE (5) YEAR RENEWAL WITH CITY COMMISSION APPROVAL REQUIRED FOR ANY FURTHER RENEWALS FOR MINIMUM ANNUAL RENT OF SIX HUNDRED DOLLARS ($600.00) IN MONTHLY INSTALLMENTS OF FIFTY DOLLARS ($50.00) WITH CONSUMER PRICE INDEX ADJUSTMENTS AND WITH RESTRICTIONS, REVERSIONS, AND RETENTION BY THE CITY OF ALL OTHER RIGHTS, INCLUDING BUT NOT LIMITED TO AIR RIGHTS, MINERAL RIGHTS, AND RIPARIAN RIGHTS, TO THE PROPERTY WITH TERMS AND CONDITIONS AS MORE SPECIFICALLY TO BE SET FORTH IN SAID AGREEMENT IN ACCORDANCE WITH SECTIONS 18-188, 180-89, AND 18-190 OF THE CITY CODE AND THE CITY COMMISSION AND VOTER REFERENDUM APPROVALS. WHEREAS, the City of Miami ("City") and Dade Heritage Trust, Inc., a not -for -profit organization under federal and State of Florida laws ("Lessee"), desire and intend to enter into a lease agreement ("Agreement") for the use of City -owned property located at 190 Southeast 12th Terrace, Miami, Florida 33131 also known as Dr. Jackson's Office ("Property"); and WHEREAS, the Property was originally the doctor's office and surgery facility of Dr. James M. Jackson, a City pioneer, and is listed in the national register as a historic landmark and is designated as a Historic Resource/Site by the City; and City of Miami Page 1 of 3 File ID: 7611 (Revision: 8) Printed On: 41812021 File ID: 7611 Enactment Number: R-21-0125 WHEREAS, the Lessee's organizational purpose is to promote historic preservation within the City and the wider Miami -Dade County community; and WHEREAS, it is the intent of the City and the Lessee for the Property to be used as an educational, cultural, historic site, and community visitors' center (collectively, "Services"); and WHEREAS, the Services of the Lessee serve paramount public purposes under the laws of the State of Florida ("State"); and WHEREAS, pursuant to Section 29-B(c) of the Charter of the City of Miami, Florida, as amended ("Charter"), the City and the Lessee have received approval to enter into the Agreement by Resolution No. R-16-0348 adopted July 29, 2016; the affirmative vote of the electorate in the special election held on November 8, 2016 which amended the Charter to authorize the City Commission, by a four -fifths (4/5ths) affirmative vote, to waive competitive bidding and to execute the Agreement with the Lessee for the Property for a term of thirty (30) years with two (2) thirty (30) year renewals for minimum annual rent of Six Hundred Dollars ($600.00) in monthly installments of Fifty Dollars ($50.00) with Consumer Price Index ("CPI") adjustments with restrictions, reversions, and retention by the City of all other rights to the Property; and Resolution No. R-16-0618 adopted December 8, 2016 officially acknowledging the City Clerk's certification of the canvass and declaration of results of the City's special election held on November 8, 2016 to comply with the Charter amendment authorized by the special election (collectively, "City Commission and Voter Referendum Approvals"); and WHEREAS, pursuant to Section 18-190 of the Code of the City of Miami, Florida, as amended ("City Code"), the Agreement shall require that Lessee to maintain and comply, at all times, with any and all federal, State, and local laws and any and all requirements related to funding for the Property; and WHEREAS, the Agreement shall not convey or transfer any rights to exclude the City from any real property, buildings, or facilities on the Property and the City shall include in the Agreement all restrictions, reversions, and retentions by the City of all other rights, including but not limited to air rights, mineral rights, and riparian rights to the Property with such terms and conditions more specifically to be set forth in said Agreement in accordance with the City Commission and Voter Referendum Approvals, all in forms acceptable to the City Attorney; and WHEREAS, the City Commission desires to limit the initial term of the Agreement to five (5) years with one (1) five (5) year renewal with City Commission approval required for any further renewals; 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 fully set forth in this Section. Section 2. Based upon the City Commission and Voter Referendum Approvals, the City Commission, after an advertised public hearing, by a four -fifths (4/5ths) affirmative vote, hereby ratifies, approves, and confirms the City Manager's finding and recommendation, attached and incorporated as Exhibit "A," pursuant to Section 29-B(c) of the Charter and waives the requirements for competitive sealed bidding pursuant to Section 18-85(a) of the City Code as not being practicable or advantageous to the City. City of Miami Page 2 of 3 File ID: 7611 (Revision: 8) Printed on: 41812021 File ID: 7611 Enactment Number: R-21-0125 Section 3. The City Manager is authorized' to negotiate and execute the Agreement, in a form acceptable to the City Attorney, between the City and the Lessee for the use of the Property for an initial term of five (5) years with one (1) five (5) year renewal with City Commission approval required for any further renewals for Minimum Annual Rent of Six - Hundred Dollars ($600.00) payable in monthly installments in the amount of Fifty Dollars ($50.00) with CPI adjustments and with restrictions, reversions, and retentions by the City of all other rights, including but not limited to air rights, mineral rights, and riparian rights to the Property, all to be set forth in said Agreement in accordance with Sections 18-188, 18-189, and 18-190 of the City Code, and the City Commission and Voter Referendum Approvals. Section 4. This Resolution shall become effective immediately upon adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: 1 i ria i "ndez, Cify Nttor iey 3/26/2021 ' The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to, those prescribed by applicable City Charter and City Code provisions. 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: 7611 (Revision: 8) Printed on: 41812021