HomeMy WebLinkAboutAgenda Item Summary Form1TY OF
Hw AGENDA ITEM SUMMARY FORM
File ID: #13520
Date: 02/16/2023 Requesting Department: Department of Real
Estate and Asset Management
Commission Meeting Date: 03/23/2023 Sponsored By:
District Impacted: District 5
Type: Resolution
Subject: Lease Agreement - Miami -Dade County - Jefferson Reaves Park Use
Purpose of Item:
For the continued use of the City owned property located at 1009 Northwest 5th
Avenue, Miami, Florida, as a Public Health Facility, at an annual rental of $1.00 per
year, for a period of five years and six months, with one (1) option to extend for one (1)
additional five 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.
Background of Item:
On February 7, 1990, the City Commission adopted Resolution No. 90-0134,
authorizing the City Manager to execute a Lease Agreement ("Lease Agreement") with
Miami -Dade County ("Lessee") 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. The Lease became effective on October 1, 1990 for a term of
twenty (20) years with a consideration of $1.00 per year. The Lease expired on
September 30, 2010 and the Lessee wishes to pursue a new Lease with the City of
Miami ("City"). In exchange for the City allowing the Lessee to continue with a rental
rate of $1.00 per year, the Lessee previously allowed the City to modify an existing
lease agreement, in which the Lessee 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 1st Street, Miami, Florida, for an antenna ("Antenna Lease Agreement"). The
City approved the execution of an amendment to the Antenna Lease on April 14, 2011.
In the Antenna Lease Agreement, the City's rental was $14,000 per year, and the
modification reduced the rental rate to $1.00 per year, because the previous lease
agreement has expired on March 30, 2021, the City and the Lessee wish to enter a
Lease Agreement for a period of five years and six months, with the option to renew for
one additional term of five years;
Budget Impact Analysis
Total Fiscal Impact:
Reviewed By
Department of Real Estate and Asset Management
Review Completed
02/16/2023 9:39 AM
Office of Management and Budget
Pedro Lacret
Office of Management and Budget
Marie Gouin
City Manager's Office
Larry M. Spring
City Manager's Office
Arthur Noriega V
Legislative Division
Valentin J Alvarez
OMNI Community Redevelopment Agency
Office of the City Attorney
Victoria Mendez
City Commission
Maricarmen Lopez
Office of the Mayor
Mayor's Office
Office of the City Clerk
City Clerk's Office
Office of the City Clerk
City Clerk's Office
Andrew Frey
Department Head
Budget Analyst Review
Completed
Budget Review
Completed
Assistant City Manager
Completed
City Manager Review
Completed
Legislative Division Review
Completed
Isiaa Jones
ACA Review
Approved Form and Correctness
Completed
Meeting
Completed
Signed by the Mayor
Completed
Signed and Attested by the City Clerk
Completed
Rendered
Completed
02/17/2023 1:09 PM
02/21/2023 11:29 AM
02/21/2023 2:31 PM
02/22/2023 12:46 PM
02/27/2023 9:03 AM
Completed
03/14/2023 7:49 AM
03/23/2023 9:00 AM
03/30/2023 1:15 PM
03/30/2023 1:21 PM
03/30/2023 1:21 PM
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.�f City of Miami CityHall
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11 °° Legislation 3500 Pan American Drive
g Miami, FL 33133
Resolution www.miamigov.com
Enactment Number: R-23-0145
File Number: 13520 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
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 4naindez, City Attor 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.