HomeMy WebLinkAboutR-03-0008J-03-033
12/31/02
RESOLUTION NO. 0 3 — 0 ® 8
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO EXECUTE AMENDMENT NO. 2, TO THE
MANAGEMENT AGREEMENT DATED JULY 12, 2000 AS
AMENDED, IN SUBSTANTIALLY THE ATTACHED
FORM, WITH SHAKE -A -LEG MIAMI, INC., TO
INCREASE THE CITY'S CONTRIBUTION FOR
CONSTRUCTION OF INITIAL IMPROVEMENTS, AS
DEFINED IN THE MANAGEMENT AGREEMENT, IN AN
AMOUNT NOT TO EXCEED $400,000, FROM
$498,000 TO $898,000; ALLOCATING FUNDS FROM
SERIES 99 (3' YEAR) SAFE NEIGHBORHOOD PARK
BOND FUNDS.
WHEREAS, the City of Miami entered into a Management
Agreement with Shake -A -Leg Miami, Inc. ("SAL") dated July 12,
2000, as amended, ("Management Agreement") for SAL's management of
a portion of the City -owned property located at 2600 South
Bayshore Drive, Miami, Florida ("Property"), to serve as a public
recreation center and provide recreational and educational
opportunities to City of Miami residents, organized youth groups,
disadvantaged sectors of the public, organized community groups
and the general public; and
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WHEREAS, the Management Agreement provided for the City's
contribution of $298,000 in Safe Neighborhood Park Bond Funds for
use towards construction of a new building for SAL; and
WHEREAS, Resolution No. 01-564 adopted June 14, 2001,
authorized the City Manager to execute an Amendment to the
Management Agreement to increase the City's contribution to the
initial improvements from $298,000 to $498,000 due to receipt of
additional funds from the Safe Neighborhood Park Bond; and
WHEREAS, the YMCA has declined to proceed with the
rehabilitation of the historic Coast Guard Hangar and
construction of new facilities at the Property; and
WHEREAS, Safe Neighborhood Park Bond Funds that were
previously allocated for use by the YMCA are now available; and
WHEREAS, SAL has requested the City to allocate additional
funds for its new facility that is presently under construction
so SAL can perform additional finishes to the new facility and
for the acquisition of equipment necessary for the operation of
SAL'S programs; and
WHEREAS, the City and SAL agree that it is in the best
interest of the parties to grant SAL an additional $400,000 from
the previously appropriated Series 99 Ord year) Safe
Neighborhood Park Bond Funds for this work;
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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 of fully set forth in this Section.
Section 2. The City Manager is authorizedll to execute
Amendment No. 2 to the Management Agreement dated July 12, 2000,
as amended, in substantially the attached form with Shake -a -Leg
Miami, Inc. to increase the City's contribution for construction
of initial improvements, as defined in the Management Agreement,
in an amount not to exceed $400,000, from $498,000 to $898,000,
with funds allocated from Series 99 (3rd year) Safe Neighborhood
Park Bond Funds.
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayoral
1/ The herein authorization is further subject to compliance with
all requirements that may be imposed by the City Attorney,
including but not limited to those prescribed by applicable City
Charter and Code provisions.
2/ If the Mayor does not sign this Resolution, it shall become
effective at the end of ten 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.
Page 3 of 4
03- 008
PASSED AND ADOPTED this9th day January , 2003.
DOUEL A. DIAZ, MAYO
ATTEST:
P ISCILLA A. THOMPSON
CITY CLERK
APPROVEDT,�,RMCORRECTNESS :Zl�j
RO VILARELLO
ATTORNEY
W6814:tr:AS:BSS
Page 4 of 4
03- 008
AMENDMENT NO.2 TO MANAGEMENT AGREEMENT
BETWEEN THE CITY OF MIAMI AND SHAKE A LEG MIAMI,
INC.
This Amendment No. 2 is entered into this day of , 2003,
(the "Amendment") by and between the City of Miami, a municipal corporation of the
State of Florida (the "City"), and Shake -A -Leg Miami, Inc. a non-profit corporation (the
"Provider") for the purpose of modifying certain Management Agreement between the
City and Provider dated July 12, 2000 (the "Agreement") as amended on May 30, 2002,
as follows:
WHEREAS, the City has entered into a Management Agreement with the
Provider to use a portion of the City -owned Property located at 2600 South Bayshore
Drive, Miami, Florida, for a term of eight (8) years with the option to renew for two (2)
additional six (6) year periods; and
WHEREAS, said Management Agreement provided for the City's contribution of
$298,000 in Safe Neighborhood Park Bond Funds for use towards construction of a new
building for Provider; and
WHEREAS, Resolution 01-564 adopted by the City Commission at its June 14,
2001 meeting, authorized the City Manager to execute an Amendment to the
Management Agreement for the purpose of increasing the City's contribution to the
initial improvements from $298,000 to $498,000 and to transfer to Provider the
responsibility of overseeing the construction of the initial improvements; and
WHEREAS, YMCA has declined to proceed with the rehabilitation of the historic
Coast Guard Hangar and construction of the new facilities at the Property; and
WHEREAS, the Safe Neighborhood Park Bond funds that were previously
allocated for use by the YMCA are now available; and
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WHEREAS, Provider has requested the City to allocate additional funds for its
new facility that is presently under construction in order for Provider to perform
additional finishes to the new facility and for the acquisition of equipment necessary for
the operation of its programs; and
WHEREAS, the City and Provider agree that it is in the best interest of the parties
to grant the Provider an additional $400,000 from the previously appropriated Series 99
(3`d year) Safe Neighborhood Park Bond Funds for this work;
NOW, THEREFORE, in consideration of the mutual covenants hereinafter set
forth and in consideration of other valuable consideration the parties covenant and agree
as follows:
1. Section 9.1 entitled "Initial Improvements" is hereby amended as follows:'
The Provider shall design and construct on the Premises a three-story building
(the "Initial Improvements") for the use and occupancy of the Provider. The City shall
provide funds in the amount of($498,000)
Eight Hundred Ninety -Eight Thousand Dollars ($898.000) towards the construction of
the Initial Improvements. The Provider, at its sole cost and expense, shall provide or
cause to be provided the balance of the funds necessary to complete the design and
construction of the Initial Improvements, including the installation of all furnishing and
equipment required for operation of Provider's programs. On or prior to the
Commencement Date of this Agreement, the Provider shall execute a Development
Agreement with the City accepting full responsibility for the design and construction of
the Initial Improvements".
Except as specifically provided herein, all of the terms and provisions of the
Management Agreement shall remain in effect.
Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall
be added. The remaining provisions are now in effect and remain unchanged.
2
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IN WITNESS WHEREOF, the parties hereto have executed this Amendment
No. 2 to the Management Agreement on the day and year first above written.
Witness:
By:
Print:
By:
Print:
Attest:
By:
Priscilla A. Thompson
City Clerk
APPROVED AS TO FORM AND
CORRECTNESS
Alejandro Vilarello
City Attorney
SHAKE -A -LEG MIAMI, INC. a
Florida non- profit corporation
("Provider")
Print:
Name and Title
CITY OF MIAMI, a municipal corporation
of the State of Florida
By:
Carlos A. Gimenez
City Manager
3
03- 008
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: The Honorable Mayor and Members
of the City Commission
15 !051
FROM: enez
City Mara r
RECOMMENDATION:
CA -11
DATE: DEC 2 4 2002 FILE:
SUBJECT: Resolution Authorizing Execution
of Amendment No. 2 to Shake -A -Leg
REFERENCES: Miami, Inc. Management Agreement
ENCLOSURES: January 9, 2003
City Commission
The administration recommends that the City Commission adopt the attached resolution
authorizing the City Manager to execute Amendment No. 2, in substantially the attached form, to
the management agreement between the City of Miami and Shake -A -Leg Miami, Inc. (SAL)
dated July 12, 2000 as amended. The proposed amendment is for the purpose of increasing the
City's contribution for construction of the initial improvements, as defined in the management
agreement, from $498,000 to $898,000; allocating funds therefor from the previously
appropriated Series 99 (P year) Safe Neighborhood Parks Bond Funds.
BACKGROUND:
The City of Miami entered into a Management Agreement with Shake -A -Leg Miami, Inc. (SAL)
on July 12, 2000 (the "Agreement") as amended, for the use of a portion of the property located
at 2600 South Bayshore Drive, Miami, Florida (the "Property'. The Agreement is for a term of
eight (8) years with an option to extend for two six (6) year periods. Said Agreement provided
for the City's contribution of $298,000 in Safe Neighborhood Park Bond Funds for the use
towards the construction of the new building for SAL.
On June 14, 2002 the City Commission adopted Resolution 01-564 authorizing the City Manager
execute an Amendment to the Management Agreement with SAL to increase the City's
contribution of funds from $298,000 to $498,000 due to receipt of additional funds from the Safe
Neighborhood Park Bond (SNPB) and to transfer to SAL the responsibility of overseeing the
construction of the initial improvements.
Recently, YMCA has declined to proceed with the rehabilitation of the historic Coast Guard
Hangar and construction of the new facilities at the Property. The SNPB that were previously
allocated for use by the YMCA are now available. SAL has requested the City to allocate
additional funds for its new facility that is presently under construction in order for SAL to
perform additional finishes to the new facility and for the acquisition of equipment necessary for
the operation of its programs.
03- 008
The Honorable Mayor and
of the City Commission
Page 2
At this time it is necessary to amend the Agreement with SAL to increase the City's contribution
for the construction of the initial improvements as defined in the Agreement, from $498,000 to
$898,000 from the previously appropriated Series 99 (3rd year) Safe Neighborhood Park Bond
Funds.
Financial Impact: There is no negative financial impact to the general fund of the City.
0 - e% 9,1--
CAG:DB:LB:PK:eb:Memo CC -Amend 2/SAL
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Budgetary Impact Analysis
1. Department: Parks and Recreation Division: Capital Improvement
2. Agenda Item # (if available)
3. Title and brief description of legislation or attach ordinance/resolution:
Resolution authorizing the City Manager to execute Amendment No 2 to the management agreement between the City of
Miami and Shake -A -Leg Miami. Inc. for the purpose of increasing the City's contribution for construction of the initial
improvements.
4. Is this item related to revenue? NO: X YES_ (If yes, skip to item #7.)
5. Are there sufficient funds in Line Item?
YES: X Index Code 333124.319305
NO: Complete the following questions:
6. Source of funds:
Minor Obj. Code 860 Amount $400.000
Amount budgeted in the Line Item $
Balance in Line Item $
Amount needed in the Line Item $
Sufficient funds will be transferred from the following line items:
ACTION ACCOUNT NUMBER ACCOUNT NAME TOTAL
Indez/Minor Object/Project No.
From
From
From
To
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None.
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8. Approved by: 1•P VAL;�[, O
a t8
"De�ntbirec'tor*see Date
FOR DEPARTMENT OF MANAGEMENT AND BUDGET USE ONLY
Verified by:
Verified by:
Transfer done by:
Department of Management and Budget
Director/Designee
Date v r L
Budget Analyst
Date
Budget Analyst
Date
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