HomeMy WebLinkAboutR-96-0908a
J-96-1351
12/12/96
RESOLUTION NO.9 6 - 9 0 S
A RESOLUTION AUTHORIZING AND DIRECTING
THE CITY MANAGER TO EXECUTE AN
AMENDMENT TO THE LEASE AGREEMENT, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, BY
AND BETWEEN THE CITY OF MIAMI AND BETTER
WAY, INC., FOR USE OF CITY -OWNED PROPERTY
LOCATED AT 800, 810, 820 NORTHWEST 28r"
STREET, MIAMI, FLORIDA, BY DELETING SECTION
2 OF SAID LEASE AGREEMENT IN ITS ENTIRETY
AND SUBSTITUTING IN LIEU THEREOF NEW
SECTION 2, THEREBY EXTENDING THE TERM OF
THE LEASE FROM TEN (10) YEARS TO TWENTY
(20) YEARS, SUBJECT TO A CONDITION
SUBSEQUENT IN THE EVENT THAT RENT SUBSIDY
FUNDING RECEIVED BY BETTER WAY IS NOT
CONDITIONED UPON A TWENTY (20) YEAR LEASE
TERM, AND/OR PROOF THEREOF IS NOT
PROVIDED TO THE CITY BY DUNE 1, 2007.
WHEREAS, on May 1, 1992, Better Way, Inc. entered into a ten year Lease Agreement
with the City of Miami and Metropolitan Dade County for City -owned property located at 800,
810, 820 Northwest 281" Street, Miami, Florida, (the Property) for the purpose of providing
transitional rental housing for very -low income individuals and families who are homeless and for
limited ancillary uses related to the furnishing of transitional housing; and
WHEREAS, Better Way, Inc. has secured and/or is in the process of securing funding in
the form of rent subsidies for the use of said Property, with several of the funding sources
conditioning such funding upon a minimum lease term of twenty (20) years;
CITY COMMISSION
MEETING OF
DEC 1 2 1996
Resolution No.
96- 908
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
hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section.
Section 2. The City Manager is hereby authorized and directed to execute an
amendment to the Lease Agreement, in a form acceptable to the City Attorney, by and between
the City of Miami and Better Way, Inc., for the use of City -owned property located at 800, 810,
820 Northwest 28"' Street, Miami, Florida, (the "Lease"), by deleting Section 2 of said Lease
Agreement in its entirety and substituting in lieu thereof new Section 2, thereby extending the
term of said lease from ten (10) years to twenty (20) years, as more particularly set forth as
follows:
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2. Term of Lease Agreement
The term of this Lease Agreement shall be for a period of twenty (20) years,
commencing on December 12, 1996 and expiring on December 11, 2016,
unless sooner terminated as provided in Section 8, 9 and 31 of this Lease
Agreement, and the condition subsequent set forth below in this Section 2.
The parties to this Lease Agreement hereby agree that the City Commission
may at its sole and absolute discretion reduce the term of this Lease
Agreement from twenty (20) years to a term of eleven (11) years in the
event that: (i) rent subsidy funds received by LESSEE, in connection with
its use of the LEASED PROPERTY, are not conditioned upon a twenty
(20) year lease term (the "Subsidy Requirement"); and/or (ii) LESSEE fails
to provide proof of the Subsidy Requirement by June 12, 2007.
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b6- 908
Section 3. This Resolution shall become effective immediately upon its adoption.
PASSED AND ADOPTED this 12th day of December , 1996.
ATTEST:
WALTER J.
CITY CLER
PREPARED AND APPROVED BY:
JULIE O. BRU
ASSISTANT CITY ATTORNEY
W 1420/JOB/kd
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APPROVED AS TO FORM
CORRECTNESS:
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