HomeMy WebLinkAboutR-88-090941
J-68-905
10/6/88
RESOLUTION NO. SR-90klf
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING
THE CITY MANAGER TO EXECUTE AN AMENDMENT, IN
SUBSTANTIALLY THE FORM ATTACHED, AND IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY AND CITY
MANAGER, TO AN AGREEMENT DATED
OCTOBER 22, 1987 BETWEEN THE GENERAL SERVICES
ADMINISTRATION OF THE UNITED STATES OF
AMERICA (GSA) AND THE CITY OF MIAMI FOR THE
DEVELOPMENT OF A FEDERAL LAW ENFORCEMENT
BUILDING IN MIAMI, EXTENDING THE BUILDING
PERMIT ISSUANCE DEADLINE BY TWELVE (12)
MONTHS PURSUANT TO SECTION 7.5(C) OF SAID
AGREEMENT AND PROVIDING FOR GREATER
INDEMNIFICATION TO THE CITY WITH GSA TO PAY
THE CITY FOR THE COST OF ANY LAWSUITS BROUGHT
AGAINST THE CITY BY REASON OF SAID OCTOBER
22, 1987 AGREEMENT DURING THE TERM OF THE
AGREEMENT AND ANY RENEWALS THEREOF.
WHEREAS, on October 29, 1986, the United States of America,
acting by and through the General Services Administration, and
the City of Miami entered into a Memorandum of Understanding
expressing their intent to enter into negotiations for the City
to construct and lease to the United States of America a building
to house the U.S. Attorney's Office and other U.S. Law
Enforcement Agencies in Miami; and
WHEREAS, the approximately 250,000 square foot building is
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} to be located on a 12-lot property site between Northeast 4th and
8th Streets and Northeast lot and Miami Avenues; and
WHEREAS, on July 23, 1987, the City Commission adopted
Resolution No. 87-746 authorizing the City Manager to execute a
lease agreement between the U.S. General Services Administration
and the City of Miami setting forth the terms and conditions for
the Cit� to construct and lease to the United States an
approximately 250,000 square foot building to house the U.S.
Attorney's Office and other U.S. Law Enforcement Agencies in
Miami to be located on said real property site for a period of
ATTACH FAENNTS'
CITY C4�Oi0I1
MEETING OF
OCT a gee
=WI N ft W
I f
not to exceed thirty years with renewal options by the U.S.
General Services Administration; and
WHEREAS, the City Manager executed a Lease Agreement with
the U.S. General Services Administration on October 22, 1997; and
WHEREAS, pursuant to the Lease Agreement dated
October 22, 1987 there is a requirement to have a building permit
issued within fifteen (15) months from July 23, 1987 which is
October 23, 1988; and
WHEREAS, due to the reissuance by the City of a Request for
Qualifications from potential developers and the determination to
proceed with the validation of the funding source prior to
concluding the selection of a successful proposer and site
acquisition, the City is desirous of extending the building
permit issuance date;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The City Manager is hereby authorized to
execute an Amendment, in substantial the form attached and in a
form acceptable to the City Attorney and the City Manager, to the
Lease Agreement dated October 22, 1987 between the City of Miami
and the United States of America General Services Administration
(GSA) for the development of a Federal Law Enforcement Building
in Miami.
Section 2. The building permit issuance deadline is
hereby extended by twelve (12) months, pursuant to
Section 7.5 (C) of said Agreement. Further, there shall be
greater indemnification to the City with GSA to pay the City for
the cost of any lawsuits against the City by reason of said
October 22, 1997 agreement that may be brought during the term of
said agreement and any renewals thereof.
• 2 w
Section 3. This Resolution shall become effective
iewediately upon its adoption pursuant to law.
PASSED AND ADOPTED this 6th day of _Actober ^—, 1989.
ATTEST
�!�► HIRAI
CITY CLERIC
PREPARED AND APPROVED BY:
r4�cx x A(�&
ROBERT F. CLMK
CHIEF DEPUTY CITY ATTORNEY
APPROVED
AS TO FORK
AND CORRECTNESS:
O E L#FANDEZ
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AMENDMENT No. 1
LEASE AGREEMENT
CITY OF MIAMI
AND
GENERAL SERVICES ADMINISTRATION
OF THF,
UNITED STATES OF AMERICA
THIS AMENDMENT, made this day of
1988, to a lease agreement dated October 22. 1987, by and between
the City of Miami, a municipal corporation of the State of
Florida, hereinafter referred to as the "CITY" or "LESSOR", and
the United States of America, acting by and through the General
Services Administration, its agency, in accord with 40 U.S.C. 751
et. seq., 40 U.S.C. 490(h) and Public Law 99-591, hereinafter
referred to as "GOVERNMENT" or "LESSEE".
WITNESSETH:
WHEREAS, on October 29, 1986, the United States of America,
acting by and through the General Services Administration and the
City of Miami entered into a Memorandum of Understanding
expressing their intent to enter into negotiations for the City
to construct and lease to the United States of America a building
to house the U.S. Attorney's Office and other U.S. Law
Enforcement Agencies in. Miami; and
WHEREAS, the approximately 250,000 square foot building is
to be located on a 12-lot property site between Northeast 4th and
8th Streets and Northeast 1st and Miami Avenues; and
WHEREAS, or. July 23, 1987, the City Commission adopted
Resolution. No. 87-746 authorizing the City Manager to execute a
lease agreement between the U.S. General Services Administration
and the City of Miami setting forth the terms and conditions for
the City to construct and lease to the United States an
approximately 250,000 square toot building to house the U.S. z,
Attorney's Office and other U.S. Law Enforcement Agencies in
Miami to be located on said real property site for a period of
3
not to exceed thirty years with renewal options by the U.$.�
General Services Administration; and
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WHFRF.AS, the Citv Manager executed a Lease Agreement with
the U.S. General Services Administration on October 22, 1987; and
WHEREAS, pursuant to the Lease Agreement dated October 22,
1987 the U.S. General Services Administration is required to have
a building permit issued within fifteen (15) months from July 23,
1987 Mhich is October 23, 1988; and
WHEREAS, due to the reissuance by the City of a Request for
Qualifications from potential developers and the determination to
proceed with the validation of the funding source prior to
concluding the selection of a successful proposer and site
acquisition, it is desirous to extend the building permit
4wa (vt
issuance date by months.#
NOW, THEREFORE, THE PARTIES AGREE TO AMEND THE AGREEMENT AS
FOLLOWS:
SECTION VII, STEP 3- PROJECT DEVELOPMENT
Subsection. 7.5(c) shall read:
A building permit for the Building shall be issued within
!') months from July 23, 1987,...
It is further understood that all conditions outlined under
the original Agreement dated October 22, 1987, shall remain in
full force and effect except as modified herein.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed by their respective officials thereunto
duly authorised this day and year first above written.
WITNESSES: GENERAL SERVICES ADMINISTRATION
By:
Michael E. Roper
Contracting Officer
Date 9xecuteds
r
4
Of
WITNESSES:
ATTEST:
MATTY HIRAI
CITY CLERK
STATE OF FLORIDA)
)SS:
COUNTY OF DADE
CITY OF MIAMI, A MUNICIPAL
CORPORATION OF THE STATE
OF FLORIDA
CESAR H. ODIO
City Manager
Dnte Executed:
APPROVED AS TO FORM AND
CORRECTNESS:
JORGE L. FERNANDEZ
CITY ATTORNEY
BEFORE ME personally appeared Maxie E. Poole, Contracting
Officer for the United States of America, and acknowledges the
foregoing for the purposes herein described this day of
, 1988.
NOTARY PUBLIC
State of Florida at Large
My Commission Expires:
STATE OF FLORIDA)
)SS:
COUNTY OF DADE )
BEFORE ME personally appeared Cesar H. Odio, City Manager •
for the City of Miami, Florida and acknowledges the+foregoing for
the purposes herein described this day of
1988.
state at P'tOsi4a
,
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A
TO
FROM
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
Honorable Mayor and Members
of the City Commission
Cesar H. Odio
City Manager
RECOMMENDATION:
30
DATE- '„ 1 '� 1988PILE.
t I
Authorization to Execute
SUBJECT Amendment to Lease Agreement
with the U.S. General
Services Administration
REFERENCE! For City Commission Mtg.
of October 6, 1988
ENCLOSURES
It is respectfully recommended that the City Commission adopt the
attached Resolution authorizing the City Manager to execute an
Amendment, in substantially the form attached, to an agreement
dated October 22, 1987 between the General Services
Administration of the United States of America and the City of
Miami for the development of a Federal Law Enforcement Building
in Miami; extending the building permit issuance deadline by
twenty four (24) months pursuant to Section 7.5(c) of the Lease
Agreement.
BACKGROUND:
The Department of Development recommends the execution of the
proposed Amendment extending the building permit issuance
deadline for the Federal Law Enforcement Buildiag project.
On July 23, 1987 the City Commission adopted Resolution No. 87-
746 authorizing the City Manager to execute a Lease Agreement
between. the U.S. General Services Administration and the City of
Miami setting forth the terms and conditions for the City to
construct and lease to the United States an approximately 250,000
square foot building to house the U.S. Attorney's Office and
other U.S. Law Enforcement Agencies. The Lease Agreement was
executed by the City Manager on October 22, 1987. Pursuant to
Section 7.5(c) of the Lease Agreement, the U.S. General Services
Administration is required to have a building permit issued for
the project within fifteen (15) months from July 23, 1987, said
deadline being October 23, 1988.
Due to the reissuance by the City of a Request for Qualificatiome
from potential developers, the determination to proceed with tbA
validation of the funding source prior to concluded; tMo
selection of a successful proposer, and site acquisitieay. it m'
desirous to •stand the building permit issuance i#Af',
four (24) months.
Attachments:
lrorosed &*solution k"
Amendment