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HomeMy WebLinkAboutR-92-0817J--92--906 12/10/92 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE A NEW LEASE AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI AND METROPOLITAN DADE COUNTY ("DADE COUNTY"), ON A MONTH TO MONTH BASIS, FOR THE LEASE OF SPECIFIED PORTIONS OF THE SECOND FLOOR OF THE FORMER CITY OF MIAMI MUNICIPAL JUSTICE BUILDING, LOCATED AT 1145 NORTHWEST 11 STREET, MIAMI, FLORIDA, SAID AGREEMENT CONTINGENT UPON SETTLEMENT WITH DADE COUNTY CONCERNING PAST RENTS DUE THE CITY OF MIAMI; DIRECTING THE CITY MANAGER TO PRESENT THE NEGOTIATED AGREEMENT TO THE CITY COMMISSION FOR ITS REVIEW AND APPROVAL. WHEREAS, the City of Miami owns the City of Miami Municipal Justice Building, formerly called the City Jail, located at 1145 Northwest 11 Street, Miami, Florida; and WHEREAS, specified portions of the second floor of this facility were leased to Dade County pursuant to a LEASE AGREEMENT, dated March 19, 1981, authorized by Resolution No. 81-105, for a yearly rental of approximately One Hundred Forty -Four Thousand and no/100 Dollars ($144,000.00), payable if Dade County received refugee assistance from the State or federal governments, otherwise for a yearly rental of One and no/100 Dollars ($1.00); and WHEREAS, a dispute arose between the City of Miami and Dade County because, although Dade County in fact received said refugee assistance from both the State and federal governments, the City of Miami was never paid the agreed upon rental; and OrTy WX7,r_.1TRyG OF D[` r r r Iqq?, Resolution ATo. 9�- 817 WHEREAS, on May 28, 1992, pursuant to Motion 92--343, the City Commission directed the City Attorney to collect the rent owed the City of Miami or evict Dade County for z"Lon-payment of rent, which lead to the cancellation of the LEASE AGREEMENT, by the City Manager on July 31, 1992; and WHEREAS, representatives of the City of Miami. and Dade County are amicably working to resolve differences concerning the rent owed; and WHEREAS, the City of Miami and Dade County recognize that there is a continuing serious need to reduce the overcrowding in Dade County's correction and rehabilitation facilities; and WHEREAS, this need is essential to the welfare and safety of the community, and said correctional facility is vital to effective police protection for the community; and WHEREAS, a new lease of the premises would be compatible with statewide planning for local -regional corrections programs and facilities; and WHEREAS, Dade County continues to agree to assume full responsibility for the jail facility and function, and has made, and will make, certain repairs to the existing facilities; 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. 92- 81'7 - 2 -- 0 Section 2. The City Manager is hereby authorized-1/ to negotiate a new lease agreement, in a form acceptable to the City Attorney, between the: City of Miami and Metropolitan Dade County, on a month to month basis, for the lease of specified portions of the second floor of the former City of Miami Municipal Justice Building, located at 1145 Northwest 11 Street, Miami, Florida, said agreement contingent upon settlement with Dade County concerning past rents due the City of Miami. Section 3. The City Manager is hereby directed to present the negotiated contract to the City Commission for its review and approval. Section 4. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 10th day of ATT MATTV-,,TRAI CITY CLERK PREPARED AND APPROVED BY: VjA,,REN BITTNER -ASSISTANT CITY ATTORNEY v f WRB:ra:bss:M3431 XAVIER , 1992. UAREZ, MAYOR APPROVED AS TO FORM AND CORRECTNESS: Q J III CITY ATTO 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. 9 W - 817