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HomeMy WebLinkAboutR-92-0093J-92-143 2/6/92 9 RESOLUTION NO. A RESOLUTION, WITH ATTACHMENT(S), RESCINDING RESOLUTION NO. 91-766, ADOPTED OCTOBER 24, 1991, WHICH AUTHORIZED THE CITY MANAGER TO ISSUE A REVOCABLE PERMIT TO BETTER WAY, INC.; WAIVING COMPETITIVE BIDDING PROCEDURES AND ACKNOWLEDGING AN EXEMPTION TO THE REQUIREMENT OF THE RETURN TO THE CITY OF FAIR MARKET VALUE FOR THE LEASE OF CITY -OWNED PROPERTY IN ACCORDANCE WITH SECTION 29-B OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH BETTER WAY, INC. FOR THE RENTAL OF BECKHAM HALL, LOCATED AT 800- 810-820 NORTHWEST 28TH STREET, MIAMI, FLORIDA, AT AN ANNUAL FEE OF ONE DOLLAR ($1.00), FOR A TEN (10) YEAR PERIOD; SUBJECT TO THE ACCEPTANCE BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) OF A PROVISION IN SAID LEASE AUTHORIZING THE CITY TO CANCEL THE SAME UPON FORTY-FIVE (45) DAYS NOTICE TO BETTER WAY, INC. AND PAYMENT OF THE UNAMORTIZED COST OF THE IMPROVEMENTS; AND INSTRUCTING THE CITY MANAGER TO BRING BACK SAID LEASE TO THE CITY COMMISSION IF SAID PROVISION IS NOT ACCEPTED BY HUD. WHEREAS, the City of Miami owns the property known as Beckham Hall which is located at 800-810-820 Northwest 28th Street, Miami, Florida; and WHEREAS, on October 3, 1991, representatives of Better Way, Inc. appeared before the City Commission to apply for a permit to use said property to develop and operate housing for homeless persons; and CITY (;0j) ri.;35IZ}. i FFp 3 1992 ,) j Rsnwl{Oti 110. WHEREAS, pursuant to Resolution No. 91-766, adopted October 24, 1991, the City Commission authorized the City Manager to issue a Revocable Permit to Better Way, Inc. for the use of Beckham Hall; and WHEREAS, on January 23, 1992, representatives of Better Way, Inc. again appeared before the City Commission for the purpose of requesting a lease for the use of Beckham Hall for a period of not less than ten (10) years; and WHEREAS, pursuant to Motion No. 92-57, adopted January 23, 1992, the City Commission instructed the City Manager to draft a proposed lease for the use of Beckham Hall to be presented at the scheduled February 13, 1992 City Commission Meeting; and WHEREAS, the City Commission hereby makes a legislative finding that Better Way, Inc. has the ability to develop and operate housing for the benefit of low and/or moderate income families and/or individuals. includini very low income individuals and/or families who are homeless or under -housed; and WHEREAS, the City Commission recognizes that Better Way, Inc. requires a lease of a term of not less than ten (10 ) years to qualify for Federal assistance; and WHEREAS, the City Commission recognizes that the City may require the use of the property herein described before the expiration of the term of the lease herein contemplated for community development purposes; and WHEREAS, Better Way, Inc. and the United States Department of Housing and Urban Development have agreed that notwithstanding -2- .r. the herein expressed ten (10) year term, the City may cancel this lease upon forty-five (45) days notice, provided that payment is made to Better Way, Inc. for the unamortized cost of the improvements made by Better Way, Inc. upon the Lease Property; and WHEREAS, Metropolitan Dade County can agree to waive any deed restrictions running with the land wherein the herein referenced property is located so as to allow the use of said property as contemplated herein; 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. Resolution No. 91-766, adopted October 24, 1991, authorizing the City Manager to issue a Revocable Permit to Better Way, Inc. is hereby rescinded in its entirety. Section 3. The City Commission hereby finds that Better Way, Inc. will utilize the property known as Beckham Hall, located at 800-810-820 Northwest 28th Street, Miami, Florida, for the purpose of developing and operating housing for the benefit of low and/or moderate income families and/or individuals, including very low income individuals and families who are homeless or under -housed. Section 4. The City Commission hereby acknowledges that the herein -stated use of Beckham Hall by Better Way, Inc. exempts -3- the requirement of the return to the City of fair market value for the lease of said City -owned property and hereby waives competitive bidding procedures in accordance with Section 29-B of the Charter of the City of Miami, Florida, as amended. Section 5. The City Manager is hereby authorized to execute a lease agreement,`/ in substantially the attached form, i with Better Way, Inc. for the rental of Beckham Hall, at an annual fee of one dollar ($1.00), for a ten (10) year period, subject to the acceptance by the United States Department of Housing and Urban Development (HUD) of a provision in said lease i- authorizing the City to cancel the same upon forty-five (45) days notice to Better Way, Inc. and payment of the unamortized cost of the improvements; and further instructing the City Manager to bring back said lease to the City Commission if said provision is not accepted by HUD. Section 6. This Resolution shall become effective immediately upon its adoption. 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. -4- �� ;) 9 j a; PASSED AND ADOPTED this 13th day of bruary , 1992. r XAVIER(-L.)SUAREZ, MAYOR ATTES MAT Y HIRAI CITY CLERK PREPARED AND APPROVED BY: JULIE O. BRU ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: A Qurl4N f2801 �S, II CITY ATTY JOB:bss: - 5- LEASE AGREEMENT FROM THE CITY OF MIAMI AND METROPOLITAN DADE COUNTY TO BETTER WAY, INC. FOR THE USE OF BECKHAM HALL 1. DESCRIPTION OF LEASED PROPERTY 2. TERM OF LEASE AGREEMENT 3. USE OF LEASED PROPERTY 4. CONSIDERATION 5. CITY'S RIGHT OF ENTRY 6. RENOVATION AND POSSESSION 7. CONSTRUCTION, REPAIRS, ALTERATIONS AND IMPROVEMENTS 8. CANCELLATION AND RELOCATION 9. LAWS APPLICABLE 10. DEED RESTRICTIONS 11. UTILITIES 12. INSURANCE 13. INDEMNITY, DEFEND AND HOLD HARMLESS 14. MAINTENANCE OF LEASED PROPERTY 15. ASSIGNMENT AND SUBLETTING OF LEASED PROPERTY 16. SUCCESSORS AND ASSIGNS 17. ADVERTISING 18. NOTICE AND GENERAL CONDITIONS 19. SPECIAL ASSESSMENTS OR TAXING DISTRICTS 20. SURRENDER OF LEASED PROPERTY 21. AFFIRMATIVE ACTION 22. MINORITY/WOMEN BUSINESS UTILIZATION 23. NONDISCRIMINATION 24. AMENDMENTS 25. AWARD OF AGREEMENT 26. CONFLICT OF INTEREST 27. CONSTRUCTION OF AGREEMENT 28. SEVERABILITY 29. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS 30. WAIVER 31. DEFAULT PROVISION 32. ENTIRE AGREEMENT EXHIBIT A LEASE AGREEMENT THIS LEASE AGREEMENT, is made and entered into this day of , 1992, by and between the CITY OF MIAMI, a municipal corporation of the State of Florida (hereinafter called the LESSOR), and METROPOLITAN DADE COUNTY, a political subdivision of the State of Florida, (hereinafter called the COUNTY), and BETTER WAY, INC., a not -for -profit corporation incorporated under the laws of the State of Florida (hereinafter called the LESSEE). W I T N E S S E T H WHEREAS, the Commission of the City of Miami, Florida, by Resolution No. , passed and adopted on 1992, has determined that the current shortage of decent, safe, sanitary and affordable housing is contributing to the growing plight of homeless or under -housed families and individuals and the very low, low and/or moderate income families and individuals in the Miami area; and WHEREAS, the Commission of the City of Miami, Florida by Resolution No. , passed and adopted on _ 1992, determined that the intended use of Beckham Hall by Better Way, Inc., is in furtherance of the objective of providing transitional rental housing within the economic affordability range of very low, low and/or moderated income families and/or individuals, including the homeless and under -housed families and individuals, and waived all competitive bidding procedures; NOW, THEREFORE, in consideration of the premises and mutual covenants herein after contained to be observed and performed, the parties hereto do hereby covenant and agree as follows: 1. DESCRIPTION OF LEASED PROPERTY The LESSOR hereby leases to LESSEE, and LESSEE hereby leases from LESSOR that certain property (hereinafter referred to as the LEASED PROPERTY) known as Beckham Hall which is located at 800, 810, 820 N.W. 28th Street, Miami, Florida and legally described as follows: Tract "A" of DADE COUNTY YOUTH HALL TRACT a subdivision in the West 1/2 of the NE 1/4 of the SE 1/4 of Section 26, TWP 53 S, RGE 41 E Miami, Dade County, Florida according to the Plat thereof recorded in Plat Book 62 at Page 96 of the Public Records of Dade County, Florida, LESS the West 270 feet thereof and LESS the South 100 feet thereof. Containing 2.4 acres more or less. 2. TERM OF LEASE AGREEMENT The term of this Lease Agreement shall be for a ten (10) year period commencing on the date of execution of this Lease Agreement, unless sooner terminated as provided in Section 8, 9 and 31 hereof. 3. USE OF LEASED PROPERTY LESSEE shall use the LEASED PROPERTY for the purpose of providing transitional rental housing for low and/or moderate income families and/or individuals, including very -low income individuals and families which are homeless or under- housed. Additionally the LEASED PROPERTY shall be used for limited ancillary uses related to the furnishing of transitional housing. 193 -2- 4. CONSIDERATION_ LESSEE does hereby covenant and agree to pay LESSOR as consideration for the use of the LEASED PROPERTY throughout the term of this Lease Agreement, the sum of One Dollar ($1.00) per year in advance, beginning on the date hereof and on the anniversary date of each and every month thereafter. 5. LESSOR'S RIGHT, OF ENTRY LESSEE agrees to permit LESSOR'S city Manager or his designee to enter upon the LEASED PROPERTY during all reasonable working hours for any purpose LESSOR deems necessary to, incident to, or connected with the performance of LESSOR'S duties and obligations hereunder or in the exercise of its rights and functions. 6. RENOVATION AND POSSESSION LESSOR and LESSEE acknowledge that the improvements in the LEASED PROPERTY will necessitate renovation to conform to the South Florida Building Code. LESSEE will, at its sole expense, renovate the improvements to conform with the South Florida Building Code and will utilize due diligence in the completion of all necessary renovations. LESSOR will grant possession of the LEASED PROPERTY to the LESSEE upon obtaining, at least, a Certificate of Insurance in compliance with the insurance requirement contained in Section 12 hereof. LESSEE shall not operate the LEASED PROPERTY as provided in Section 3, hereof until LESSEE has obtained a Certificate of Occupancy and has complied with all the requirements of Section 8 hereof. -3- 7. STRUCTION, REPAIRS,. ALTERATIONS AND IMPROVEMENTS_ LESSEE agrees that no construction, repairs, alterations or improvements may be undertaken by it upon the LEASED PROPERTY unless the plans: A. Be first submitted to LESSOR'S Department of Development and Housing Conservation, Property & Lease Management Division, for presentation and review by all departments and offices with jurisdiction, and B. Be approved by the Miami City Manager, which approval shall not be unreasonably withheld, and C. Be in compliance with all applicable State, County, and City rules and regulations. Such improvements are to be at the sole cost and expense of LESSEE. Upon completion of construction, copies of the paid invoices, receipts and other such documents shall be submitted to LESSOR by LESSEE and shall be considered as having been incorporated herein and attached hereto for proof thereof. Upon the termination, cancellation or expiration of this Lease Agreement or any extension thereof, all permanent improvements, in their then existing conditions, shall become the property of LESSOR and no compensation will be due to the LESSEE. 8. CANCELLATION AND RELOCATION Notwithstanding, anything in this Lease Agreement to the contrary, LESSOR reserves the right to cancel this lease by giving LESSEE forty-five (45) days written notice to vacate, but only in the event that LESSOR determines that the LEASED PROPERTY 9 3 -4 - is needed for a specific public purpose and provided that LESSOR pays LESSEE the unamortized cost of any improvements undertaken by LESSEE upon the LEASED PROPERTY in accordance with Section 7, hereof, and LESSOR uses its best efforts and due dilligence to relocate LESSEE in accordance with the Uniform Relocation Act if mandated by federal law. The amortization period herein referenced shall be based on the ten (10) year term. 9. LAWS APPLICABLE LESSEE accepts this Lease Agreement and hereby acknowledges that LESSEE'S compliance with all laws of the State of Florida, Ordinances of the City of Miami and Dade County, Florida, pertaining to the operations and maintenance of the LEASED PROPERTY, including but not limited to building codes and zoning restrictions, is a condition of this Lease Agreement, and LESSEE shall comply therewith as the same presently exist and as they may be amended hereafter. If LESSEE is unable to comply with all necessary zoning requirements at any time during the term of this lease, including but not limited to obtaining a Special Exception and Special Permit, the LESSOR shall have the right to terminate the Lease Agreement without further notice or demand to LESSEE. 10. DEED RESTRICTIONS COUNTY hereby agrees not to impose or enforce any deed j' restrictions running with the land which may appear on the Deed I of the LEASED PROPERTY for such period of time during which this Lease Agreement shall be in effect and not revoked in accordance with the provisions contained herein. () b) ... i -5- 11. ii7'ILITIES LESSEE shall pay all charges for all utilities, including = but not limited to, electricity, water, gas garbage and sewage disposal. 12. INSURANCE LESSEE shall maintain throughout the period of this Lease Agreement and through any periods of extensions or renewals, the following insurance: (a) General Liability insurance on a comprehensive general liability coverage form, or its equivalent, including premises, — operations, and contractual coverages, with a combined single limit of at least $1,000,000 for bodily injury liability and — property damage liability. (b) A standard Fire insurance policy on the LEASED PROPERTY and all furniture, fixtures, equipment, and improvements, including the perils of fire, extended coverage, and other perils, for the cash value thereof. (c) The LESSOR shall be named as an additional insured under the policies of insurance as required by this Lease Agreement. (d) The LESSOR shall be given at least thirty (30) days advance written notice of cancellation of said policies or any material modifications thereof. (e) Certificates of Insurance shall be delivered to the Insurance Coordinator, Risk Management Office, 174 East Flagler Street, Miami, Florida 33131, and the Property and Lease -6- 7 • r� Management Officer, Dupont Plaza Center, 300 Biscayne Boulevard Way, Suite 400, Miami, Florida 33131. (f) The insurance coverage required shall include those classifications as listed in standard liability insurance manuals which most nearly reflect the operations of the LESSEE. (g) All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The Company must be rated no less than "B" as to management, and no less than "Class V" as to financial strength, by the latest edition of Best's Key Rating Insurance Guide or acceptance of insurance company which holds a valid Florida Certificate of Authority issued by the State of Florida, Department of Insurance, and are members of the Florida Guarantee Fund. 13. INDEMNITY DEFEND AND HOLD HARMLESS LESSEE further agrees to indemnify, defend and hold harmless the LESSOR its officials, employees, agents and authorized personnel from any and all liability, claims, demands, damages, losses, or causes of action of any nature whatsoever which may arise out of LESSEE's use of, activities at, or operations at the LEASED PROPERTY, or occasioned wholly or in part by any alleged act, or omission of: (1) LESSEE; (2) any person acting for or on LESSEE's behalf including clients, independent contractors, family members, guests, invitees, LESSEES, employees, agents; or (3) LESSOR or its officials, employees, agents and authorized personnel. IT IS CLEARLY UNDERSTOOD THAT THIS AGREEMENT TO INDEMNIFY THE LESSOR SHALL INCLUDE CLAIMS IN WHICH IT IS ALLEGED -7- 93 THAT THE LESSOR (OR ITS OFFICIALS AGENTS, EMPLOYEES AND AUTHORIZED PERSONNEL WERE THEMSELVES NEGLIGENT SO LONG AS THE CLAIM HAS SOME RELATIONSHIP, HOWEVER SMALL TO LESSEE'S USE OF THE LEASED PROPERTY. 14. MAINTENANCE OF LEASED PROPERTY LESSEE shall maintain the LEASED PROPERTY in good order and repair at all times and in an attractive, clean safe and sanitary condition during the period of this Lease Agreement, or any extensions thereof or as long as LESSEE continues to enjoy the privilege granted hereunder. 15. ASSIGNMENT AND SUBLETTING OF LEASED PROPERTY LESSEE shall not, at any time during the term of this Lease Agreement, sublet any part of the LEASED PROPERTY, or assign this Lease Agreement or any portion or part thereof, except and by virtue of written authorization granted by the Miami City Manager to LESSEE, after approval by the Miami City Commission, which sublease or assignment shall be conditioned upon the proposed sublessee's or assignee's compliance with all City of Miami conflict of interest provisions and all applicable City Charter and Code provisions. 16. SUCCESSORS AND ASSIGN This Lease Agreement shall be binding upon the parties herein, their heirs, executors, legal representatives, successors and assigns. p 3 i 0 F. 17. ADVERTISING LESSEE shall not permit any signs or advertising matter to be placed on any portion of the LEASED PROPERTY except with prior written approval of the Miami City Manager or his designee, which approval shall not be unreasonably withheld. 18. NOTICE AND GENERAL CONDITIONS A. All notices or other communications which shall or may be given pursuant to this Lease Agreement shall be in writing and shall be delivered by personal service or by registered mail addressed to the parties at their respective addresses indicated below or as the same may be changed in writing from time to time. Such notice shall be deemed given on the day on which personally served, or if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. NOTICE TO LESSOR—.- NOTICE TO LESSEE: City of Miami Better Way, Inc. City Manager 800 N.W 28th Street Attn: Property & Lease Miami, Florida Post Office Box 330708 Miami, Florida 33133-0708 B. Title and paragraph headings are for convenient reference and are not intended to confer any rights or obligations upon the parties to this Lease Agreement. -9- 19. SPECIAL ASSESSMENTS OR TAXTNC nISTRICTS Any and all charges, taxes, or assessments, levied against the LEASED PROPERTY shall be paid by LESSEE. 20. ED PROPERTY Upon termination of this Lease Agreement by lapse of time or otherwise, LESSEE shall promptly and peacefully surrender and deliver possession of the LEASED PROPERTY to LESSOR in accordance with the covenants herein contained. 21. AFFIRMATIVE ACTION LESSEE shall have in place an Affirmative Action/Equal Employment Opportunity Policy and shall institute a plan for its achievement which will require that action be taken to provide equal opportunity in hiring and promoting for women, minorities, individuals with disabilities, and veterans. Such plan will include a set of positive measures which will be taken to insure nondiscrimination in the work place as it relates to hiring, firing, training and promotion. In lieu of such a policy/plan, LESSEE shall submit a Statement of Assurance indicating that their business is in compliance with all relevant Civil Rights laws and regulations. 22. MINORIINESS UTILIZATION LESSEE shall made every good faith effort to purchase/contract fifty-one (51%) of its annual goods and services requirements from Hispanic, Black and Women businesses/professionals registered/certified with the City of Miami's Office of Minority/Women Business Affairs. Such lists -10- will be made available to LESSEE at the time of the signing of the lease with the City of Miami and updates will be routinely provided by the City's Office of Minority/Women Business Affairs. 23. NONDI,SCS RIMINATION LESSEE agrees that there will be no discrimination against any person based upon race, religion, color, sex, ancestry, age, national origin, mental or physical handicap, in the use of the LEASED PROPERTY and improvements thereof. It is expressly understood that upon a determination by a court of competent i jurisdiction that discrimination has occurred, LESSOR shall have i the right to terminate this Lease Agreement. I 24. AMF,�DMENTS ! LESSOR and LESSEE, by mutual agreement, shall have the right i but not the obligation to amend this Lease Agreement. Such amendments shall be effective only when signed by both LESSOR and i LESSEE and shall be incorporated as a part of this Lease Agreement. 25. AWARD OF AGREEMENT i LESSEE warrant that it has not employed or retained any person employed by LESSOR to solicit or secure this Lease Agreement and that it has not offered to pay, paid, or agreed to pay any person employed by LESSOR any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of this Lease Agreement. 26. CONFLICT OF INTEREST LESSEE is aware of the conflict of interest laws of the City -11- 6l of Miami as setforth in Article 5, Conflicts of Interest, of Chapter 2 of the Code of the City of Miami Florida, as amended, and agrees that it will fully comply in all respects with the terms thereof. 27. CONSTRUCTIOj� OF AGRrEMF � This Lease Agreement shall be construed and enforced according to the laws of The State of Florida. 28. SE_VERABILITy If any provision of the Lease, or any paragraph, sentence, clause, phrase, or word, or the application thereof, is held invalid, the remainder of the Lease shall be construed as if such invalid part were never included herein and the Lease shall be and remain valid and enforceable to the fullest extent permitted by law. 29. COMPLIANCE WITH FEDERAL•, STATE AND LOCAL LAWS Both parties hereby agree that they shall comply with all applicable laws, ordinances and codes of Federal, State and local governments as they apply to this Lease Agreement. 30. WAIVER No waiver of any provision hereof shall be deemed to have been made unless such waiver is in writing and signed by LESSOR or LESSEE. The failure of either party to insist upon the strict performance of any of the provisions or conditions of this Lease Agreement shall not be construed as waiving or relinquishing in the future any such covenants or conditions but the same shall continue and remain in full force and effect. -12- 31. DEFAULT PROVISION LESSOR shall provide LESSEE with written notice of any failure to perform or comply with the terms and conditions contained herein to be performed by LESSEE. It LESSEE rails Lo cure said default within a reasonable period of time, LESSOR shall give LESSEE notice of such fact and shall have the right to terminate this Lease Agreement. LESSEE shall provide LESSOR with written notice of any failure to perform or comply with the terms and conditions contained herein to be performed by LESSOR. If LESSOR fails to cure said default within a reasonable period of time, LESSEE shall give LESSOR notice of such fact and shall have the right to terminate this Lease Agreement. 32. ENTIRE AGREEMENT This Lease Agreement represents the total agreement between the parties. All other prior agreements between the parties, either verbal or written, are superseded by this Lease Agreement and are therefore no longer valid. IN WITNESS WHEREOF, the parties hereto have individually, through their proper officials, executed this Lease Agreement the day and year first herein above written. THE CITY OF MIAMI, a municipal corporation of the State of Florida By: (Seal) Cesar H. Odio City Manager BETTER WAY, INC. By: Director (Seal) Ll it ATTEST: By: (Seal) Matty Hirai City Clerk APPROVED AS TO FORM AND CORRECTNESS: By: Secretary APPROVED AS TO INSURANCE REQUIREMENTS: By: l / in ones, II Segundo Perez City A=Wrney Risk Management ATTEST: Ma -shall Adler County Clerk M095 09-C (Seal) METROPOLITAN DADE COUNTY, a political subdivision of the State of Florida Joaquin Avino County Manager e e CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM 13 TO Honorable Mayor and Members DATE FEB r G 1992 of the City Commission FILE Resolution Authorizing sUEUECT a Lease Agreement to Better Way, Inc. FROM Cesar H. Odi REFERENCES.For City Commission City Manager Meeting 2/13/92 ENCLOSURES RECOMMENDATION It is respectfully recommended that the City Commission adopt the attached Resolution finding that Better Way, Inc., a not -for - profit organization, provides transitional rental housing to low and/or moderate income families and/or individuals, including very low income individuals and families which are homeless or under -housed; and waiving the Fair Market Value and competitive bidding requirements set forth in City Charter Section 29-A applicable to the disposition of City -owned property; and rescinding Resolution No. 91-766 authorizing the City Manager to execute a Revocable Permit to Better Way, Inc.; and authorizing the City Manager to execute a Lease Agreement with Better Way, Inc. (Better Way) and in conjunction with Dade County, a political subdivision of the State of Florida, for the use of a City -owned property commonly known as Beckham Hall, located at 800-810-820 Northwest 28th Street, for ten years with two additional five year options at the sole discretion of the City, and at an annual fee of $1.00. BACKGROUND The City of Miami is the owner of a property commonly known as Beckham Hall and located at 800-810-820 Northwest 28 Street. This property was deeded to the City of Miami by Metropolitan Dade County with a restrictive and reverter provision. Any use of the property desired by the City which is restricted by the deed must have the concurrence of Metropolitan Dade County. The Department of Development and Housing Conservation, Property and Lease Management Division, pursuant to Motion 91-754 passed on October 3, 1991, and the subsequent Resolution 91-766 passed on October 24, 1991, prepared a Revocable Permit for Better Way's use of Beckham Hall for the operation of a shelter for the homeless as well as any and all ancillary services. The permit was to be valid for a one year period with extension options for additional and separate one year periods at the annual fee of $1.00. Honorable Mayor and Members of the City Commission Better Way, Inc. is a not -for profit organization which has provided food; a home; medical and personal needs; and a program of recovery and rehabilitation to cover over 2,600 indigent homeless, chemically dependent individuals since 1983. The - shelter operates twenty-four (24) hours per day and serves homeless male addicts/alcoholics over the age of eighteen (18) regardless of ability to pay, race, religion, sexual orientation, criminal record or coexisting conditions of mental illness, physical disability, HIV status, etc. Better Way desires to continue providing these essential services to the community and is in dire need of a facility. Discussions with the Property and Lease Management Division led to the proposal to enter into the aforementioned Revocable Permit. However, because Better Way provides transitional rental housing to low and/or moderate income families and/or individuals, including very -low income individuals and families which are homeless or under -housed, the most feasible anel 'nuitable method to accomplish site utilization by Better Way is _hrough a Lease Agreement and not through a Revocable Permit.. Section 29-B of the City Charter allows for conveyance, with exemption from Fair Market Value and competitive bidding requirements, of City -owned property to be used for a project to provide rental housing to the aforementioned class of individuals. Therefore, it is recommended that Resolution No. 91-766 passed October 24, 1991 authorizing the City Manager to execute a Revocable Permit to Better Way, Inc. be rescinded and that the attached resolution authorizing the City Manager to execute a Lease Agreement, in substantially the form attached, with Better Way, Inc. for the rental of Beckham Hall, 800-810-820 Northwest 28 Street, for a ten year period with two additional five year options, at the sole discretion of the City, and at an annual fee of $1.00, be passed. Dade County concurrence not to impose or enforce any deed restrictions running with the land will be obtained by Dade County becoming a signator to the Lease Agreement. Attached: Proposed Resolution Proposed Lease Agreement %7