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Home My WebLink AboutR-01-0774J-01-639 1 ) 7/16/01 RESOLUTION NO. 01- r` 4 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A LEASE AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE DOWNTOWN DEVELOPMENT AUTHORITY ("DDA") FOR THE LEASING OF APPROXIMATELY 1.8 ACRES OF PROPERTY LOCATED AT APPROXIMA'T'ELY 405 NORTHWEST 3R" AVENUE, MIAMI, FLORIDA, FOR THE DESIGN, CONSTRUCTION AND MANAGEMENT OF A CHAR'T'ER SCHOOL; SAID LEASE AGREEMENTTO AUTHORIZE THE SUBLEASING OF THE PROPERTY BY DDA TO THE CHARTER SCHOOL ("SUBLESSEE"); AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO FACILITATE THE FINANCING OF THE PROJECT BY ITS DEVELOPER, WHICH MAY INCLUDE SUB -SUBLEASING A GROUND LEASE BY THE SUBLESSEE TO A DEVELOPER AND A LEASE- BACK OF THE CONSTRUCTED IMPROVEMENTS FROM THE DEVELOPER TO THE SUBLESSEE; AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE MORTGAGING OF THE LEASEHOLD INTEREST ON TERMS ACCEPTABLE TO THE CITY MANAGER AND THE CITY ATTORNEY. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is authorized!' to negotiate and execute a Lease Agreement, in a form acceptable to the City '-' 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. Cm Q , ce JUL 262001 01� 774 Attorney, with the Downtown Development Authority ("DDA") for the leasing of approximately 1.8 acres of property located at approximately 405 Northwest 3rc Avenue, Miami, .Florida, for the design, construction and management of a charter school, said Lease Agreement to authorize the subleasing of the property by DDA to the Charter School ("Sublessee"). Section 2. The City Manager is authorized!' to execute all necessary documents, in a form acceptable to the City Attorney, to facilitate the financing of the project by its developer, which may include sub -subleasing aground lease by the sublessee to a developer and a lease -back of the constructed improvements from the developer to the sublessee. Section 3. The City Manager is further authorized!' to execute all necessary documents, in a form acceptable to the City Attorney, for the mortgaging of the leasehold interest on terms acceptable to the City Manager and the City Attorney. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.�l t/ I:Wi.a. If the Mayor does not -.3ign Chis 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 .mmediatc:ly upon override of the veto by the City Commission. Page 2 of 3 PASSED AND ADOPTED this 26th day. of _July 2001. JOE CAROLLO, MAYOR In awmdw= with Miami Code Sec. 2.38, since the Mayor did not Indioate approval of trait, RagWalion by signing it in they designated PIRA provided, said lagis V17Wc All ATT E ST : jzracncs effective with the elapse of ton (10) days m 1 to of C alcn i raring stone„ without the Mayor ere i WALTER J. —f OEMAN Wa Err n, City Ole* CITY CLERK APPROVED FOl? AND CURECTNESS :e�_ 7ci ROWTLARELLO TORNEY b:LB Page 3 of 3 01— 774 0 0 CITY OF MIAMI, FLORIDA 22 INTER -OFFICE MEMORANDUM TO: The Honorable Mayor and Members of the City Commission RECOMMENDATION: DATE; JUL 17 '`01 SUBJECT: Lease with DDA School REFERENCES: ENCLOSURES: FILE: for Charter The administration recommends that the City Commission adopt the attached Resolution authorizing the City Manager to negotiate and execute a lease agreement, in a form acceptable to the City Attorney, with the Downtown Development Authority ("DDA") to provide for the leasing of approximately 1.8 acres of the property located at approximately 405 NW 3Avanue Miami, Florida, for the design, construction and management of a charter school. The lease agreement will authorize the subleasing of the property by the DDA to the Charter School (the "Sublessee") and the execution of such additional documents as may be necessary to facilitate the financing of the project by its developer and the development and management of the Charter School, which documents may include the sub -subleasing of a Ground Lease by the Sublessee to a "Developer"; and a lease back of the constructed improvements from the Developer to the Sublessee. The lease shall further authorize the mortgaging of the leasehold interest, on terms acceptable to the City Manager and City Attorney. BACKGROUND: The City is about to become the owner of the property located at approximately 405 Northwest 3 Avenue, Miami, Florida, more particularly described as Block 88, Miami North, as recorded in Plat Book B, Page 41, of the Public Records of Miami -Dade County, Florida, less that portion occupied by permanent building structures (the "Property") by virtue of a land exchange being presented simultaneously herewith. The Downtown Development Authority has selected the Property as the site for a Charter School and has requested the City of Miami to lease a portion of the Property to it for this purpose. The proposed charter school will provide a unique academic environment for approximately 600 culturally diversified students, ages 5-11 in Kindergarten through 5a` grade. Aligned with the objective of creating a charter school -in -the -workplace setting, the charter school will target families that reside outside of the Downtown area but work at businesses and governmental agencies within the boundaries of Downtown Miaini. In addition, the charter school will actively 01— 774 • The Honorable Mayor and Members Of the City Commission Page 2 0 seek students from submarkets of Downtown Miami including East Brickell, West Brickell, Downtown Core, Southeast Overtown/Park West, Omni East and Omni West. In order to develop and operate the Charter School, it is anticipated that additional subleases and documents must be executed to provide for, among other things, the financing, development and management of the Charter School. Due to time constraints imposed by the Miami -Dade County Public Schools in the granting of the charter and the desire of the Downtown Development Authority to open the Charter School for school year 2002, it is recommended that the City Manager be authorized to negotiate and execute a Lease Agreement with the DDA on such terms as may be necessary to permit the subsequent subleasing of the Property and the financing of the project. CAG:eB:LB:m Charter Sch Ut" 774