HomeMy WebLinkAboutR-23-0145City of Miami
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Resolution R-23-0145
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Legislation
File Number: 13520
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 3/23/2023
A RESOLUTION OF THE MIAMI CITY COMMISSION, PURSUANT TO
SECTION 29-B OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED ("CITY CHARTER"), CONVEYING PROPERTY TO IMPLEMENT
PROJECTS OF ANY GOVERNMENTAL AGENCY OR INSTRUMENTALITY;
AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT
("AGREEMENT") BETWEEN THE CITY OF MIAMI ("CITY") AND MIAMI-DADE
COUNTY ("COUNTY"), FOR THE COUNTY'S CONTINUED USE OF THE CITY -
OWNED PROPERTY LOCATED AT 1009 NORTHWEST 5TH AVENUE, MIAMI,
FLORIDA, AS A PUBLIC HEALTH FACILITY, AT AN ANNUAL RENTAL RATE
OF ONE DOLLAR ($1.00) PER YEAR, FOR A PERIOD OF FIVE (5) YEARS
AND SIX (6) MONTHS, WITH ONE (1) OPTION TO EXTEND FOR ONE (1)
ADDITIONAL FIVE (5) YEAR TERM; WITH TERMS AND CONDITIONS TO BE
MORE SPECIFICALLY SET FORTH IN SAID AGREEMENT; FURTHER
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL
OTHER NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND
MODIFICATIONS TO SAID AGREEMENT, ALL IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, AS MAY BE NECESSARY TO EFFECTUATE THE
USES CONTEMPLATED HEREIN.
WHEREAS, on February 7, 1990, the City Commission adopted Resolution No. 90-
0134, authorizing the City Manager to execute a lease agreement ("Prior Lease Agreement")
with Miami -Dade County ("County") for the use of a portion of Henderson Park, located at 1009
Northwest 5th Avenue, Miami, Florida, for the construction of a facility to be used as a public
health clinic; and
WHEREAS, the Prior Lease Agreement became effective on October 1, 1990 for a term
of twenty (20) years with a consideration of $1.00 per year; and
WHEREAS, the Prior Lease Agreement expired on September 30, 2010 and the County
wishes to pursue a new Lease with the City of Miami ("City"); and
WHEREAS, in exchange for the City allowing the County to continue with a rental rate of
$1.00 per year, the County previously allowed the City to modify an existing lease agreement, in
which the County is the Lessor and the City is the Lessee, for a 400 square foot area on the
rooftop of the Stephen P. Clark Center, located at 111 Northwest 1 st Street, Miami, Florida, for
an antenna ("Antenna Lease Agreement"); and
WHEREAS, the City approved the execution of an amendment to the Antenna Lease on
April 14, 2011; and
WHEREAS, in the Antenna Lease Agreement, the City's rental was $14,000.00 per year,
and the modification reduced the rental rate to $1.00 per year; and
City of Miami Page 1 of 2 File ID: 13520 (Revision:) Printed On: 3/30/2023
File ID: 13520 Enactment Number: R-23-0145
WHEREAS, because the Prior Lease Agreement has expired on March 30, 2021, the
City and the County wish to enter a new lease agreement ("New Lease Agreement") for a period
of five (5) years and six (6) months, with the option to renew for one (1) additional term of five
(5) years, for a rental rate of One Dollar ($1.00) per year; and
WHEREAS, pursuant to Section 29-B(c) of the Charter of the City of Miami, Florida, as
amended ("City Charter'), "the provisions of this section and any other City requirements for
competitive bidding shall not apply for the conveyance or disposition of City -owned property in
connection with the implementation of projects of any governmental agency or instrumentality";
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
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. Pursuant to Section 29-B of the City Charter, the City Manager is authorized'
to execute a New Lease Agreement between the City and the County, for the continued use of
City -owned property located at 1009 Northwest 5t" avenue, Miami, Florida, as a public health
facility, at an annual rental rate of One Dollar ($1.00) per year, with said New Lease Agreement
being for a period of five (5) years and six (6) months, with one (1) option to extend for (1)
additional five (5) year term.
Section 3. The City Manager is further authorized' to negotiate and execute all other
necessary documents, including amendments and modifications to said New Lease Agreement,
all in a form acceptable to the City Attorney, as may be necessary to effectuate the uses
contemplated herein.
Section 4. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
1
i ria i ndez, ity Httor ey 3/14/2023
' The herein authorization is further subject to compliance with all legal requirements that may be
imposed, including but not limited to those prescribed by applicable City Charter and City Code
provisions.
2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 2 File ID: 13520 (Revision:) Printed on: 3/30/2023