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HomeMy WebLinkAboutScrivener's Error MemoCITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Todd B. Hannon, City Clerk FROM: Victoria Mendez, City Attorney at for DATE: August 9, 2023 U vU RE: Resolution No. R-23-0138 - Lease Agreement - Miami -Dade County - Stephen P. Clark Center, 30th Floor Use File No. 13528 At its March 23, 2023, meeting, the City Commission adopted the above referenced agenda item, CA.4, authorizing the City Manager to negotiate and execute an Amendment to Lease Agreement ("Lease"), between the City of Miami ("City") and Miami -Dade County ("County"), for the continued use of the property located at 111 Northwest 1st Street, Miami, Florida, also known as the Stephen P. Clark Center, for the placement of a rooftop antenna and related equipment, for a Lease term of five (5) years, with one option to extend for one (1) additional five (5) year term, and execute all other necessary documents, including amendments and modifications to said agreement, all in a form acceptable to the City Attorney, to effectuate the uses contemplated herein. The Legislation inadvertently published with surplusage in Section 2, has been corrected, and the file incremented to Revision A. 70. VM/JAG/vja Enclosure(s) 13522 atuk)(_ rk2AkA-)o City of Miami Legislation Resolution City" MaII ` 350(i:Pan American ativp Miarg), FL 33133 ;_> ,www.Miatili,sov.com File Number: 13528 FinaL'Actipn Dat4: A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A LEASE AGREEMENT ("LEASE") BETWEEN THE CITY OF MIAMI ("CITY") AND MIAMI-DADE COUNTY ("COUNTY") FOR THE CITY'S CONTINUED USE OF THE COUNTY -OWNED PROPERTY LOCATED AT 111 NORTHWEST 1ST STREET, MIAMI, FLORIDA ("PROPERTY"), FOR THE CITY'S PLACEMENT OF A ROOFTOP ANTENNA AND RELATED EQUIPMENT ON THE PROPERTY, FOR A FIVE (5) YEAR PERIOD WITH AN OPTION TO EXTEND FOR ONE (1) ADDITIONAL FIVE (5) YEAR TERM; FOR AN ANNUAL RENTAL RATE OF $1.00 PER YEAR; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE THE LEASE AND ALL OTHER NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID LEASE AGREEMENT, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO EFFECTUATE THE USES CONTEMPLATED HEREIN. WHEREAS, on July 18, 1985, the Miami City Commission adopted Resolution No. 85- 730, authorizing the City Manager to execute a Lease Agreement ("Previous Lease") between Miami -Dade County ("County") and the City of Miami ("City"), for the City's placement of a rooftop antenna and related equipment on County property located at 111 Northwest 1st Street, Miami, Florida, also known as the Stephen P. Clark Center ("Property"); and WHEREAS, the City also leased to the County two (2) properties located at 971 Northwest 2"d Street, a portion of Henderson Park, and 1009 Northwest 5th Avenue, Miami Florida, and a portion of Culmer Center, Miami, Florida, at a rental rate of $1.00 per year each for use as health care clinics ("Health Care Clinic Properties"); and WHEREAS, based on the City's authorization of leases for the Health Care Clinic Properties, the County previously allowed a modification of the Lease to reduce the annual rental rate from $14,000.00 per year to $1.00 per year, with a retroactive date on the annual rental rate to October 1, 2010; and WHEREAS, the City, through resolutions adopted April 14, 2011, authorized new lease agreements between the City and the County for the Health Care Clinic Properties for a period of five (5) years and six (6) months, effective October 1, 2010, through April 30, 2016, with an option to renew for one (1) additional five (5) year period; and WHEREAS, the lease for the Health Care Clinic Properties expired on March 30, 2021; and WHEREAS, the Previous Lease agreement between the City and the County for the City's use of this Property also expired; and WHEREAS, the City now wishes to enter into a new Lease with the County for the continued use of the space for a period of five (5) years, with an option to renew for one (1) additional five-year period, in a form acceptable to the City Attorney; 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. The City Manager is hereby authorized' to negotiate and execute an Amendment to Lease Agreement ("Lease"), between the City of Miami ("City") and Miami -Dade County ("County"), for the continued use of the Property, for the placement of a rooftop antenna and related equipment, for a Lease term of five (5) years, with one option to extend for one (1) additional five-year term, and execute all other necessary documents, including amendments and modifications to said agreement, all in a form acceptable to the City Attorney, to effectuate the uses contemplated herein. Section 3. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: • ' 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. City of Miami Resolution R-23-0138 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Legislation ":23 Air ``� t i'I y 36 File Number: 13528 I F nal 14tOn Date: 3/23/2023 A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A LEASE AGREEMENT ("LEASE") BETWEEN THE CITY OF MIAMI ("CITY") AND MIAMI-DADE COUNTY ("COUNTY") FOR THE CITY'S CONTINUED USE OF THE COUNTY - OWNED PROPERTY LOCATED AT 111 NORTHWEST 1ST STREET, MIAMI, FLORIDA ("PROPERTY"), FOR THE CITY'S PLACEMENT OF A ROOFTOP ANTENNA AND RELATED EQUIPMENT ON THE PROPERTY, FOR A FIVE (5) YEAR PERIOD WITH AN OPTION TO EXTEND FOR ONE (1) ADDITIONAL FIVE (5) YEAR TERM; FOR AN ANNUAL RENTAL RATE OF $1.00 PER YEAR; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE THE LEASE AND ALL OTHER NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID LEASE AGREEMENT, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO EFFECTUATE THE USES CONTEMPLATED HEREIN. WHEREAS, on July 18, 1985, the Miami City Commission adopted Resolution No. 85- 730, authorizing the City Manager to execute a Lease Agreement ("Previous Lease") between Miami -Dade County ("County") and the City of Miami ("City"), for the City's placement of a rooftop antenna and related equipment on County property located at 111 Northwest 1st Street, Miami, Florida, also known as the Stephen P. Clark Center ("Property"); and WHEREAS, the City also leased to the County two (2) properties located at 971 Northwest 2nd Street, a portion of Henderson Park, and 1009 Northwest 5th Avenue, Miami Florida, and a portion of Culmer Center, Miami, Florida, at a rental rate of $1.00 per year each for use as health care clinics ("Health Care Clinic Properties"); and WHEREAS, based on the City's authorization of leases for the Health Care Clinic Properties, the County previously allowed a modification of the Lease to reduce the annual rental rate from $14,000.00 per year to $1.00 per year, with a retroactive date on the annual rental rate to October 1, 2010; and WHEREAS, the City, through resolutions adopted April 14, 2011, authorized new lease agreements between the City and the County for the Health Care Clinic Properties for a period of five (5) years and six (6) months, effective October 1, 2010, through April 30, 2016, with an option to renew for one (1) additional five (5) year period; and WHEREAS, the lease for the Health Care Clinic Properties expired on March 30, 2021; and WHEREAS, the Previous Lease agreement between the City and the County for the City's use of this Property also expired; and City of Miami Page 1 of 2 File ID: 13528 (Revision: A) Printed On: 8/9/2023 File ID: 13528 Enactment Number: R-23-0138 WHEREAS, the City now wishes to enter into a new Lease with the County for the continued use of the space for a period of five (5) years, with an option to renew for one (1) additional five-year period, in a form acceptable to the City Attorney; 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. The City Manager is hereby authorized' to negotiate and execute a Lease Agreement ("Lease"), between the City of Miami ("City") and Miami -Dade County ("County"), for the continued use of the Property, for the placement of a rooftop antenna and related equipment, for a Lease term of five (5) years, with one option to extend for one (1) additional five-year term, and execute all other necessary documents, including amendments and modifications to said agreement, all in a form acceptable to the City Attorney, to effectuate the uses contemplated herein. Section 3. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: y ttor 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. City of Miami Page 2 of 2 File ID: 13528 (Revision: A) Printed on: 8/9/2023