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HomeMy WebLinkAboutAgenda Item Summary Form111111 111111 0 R Date: 08/22/2023 AGENDA ITEM SUMMARY FORM File ID: #14502 Commission Meeting Date: 09/28/2023 Requesting Department: Department of Real Estate and Asset Management Sponsored By: District Impacted: District 3 Type: Resolution Subject: Authorize Amendment - MPA Ballpark Parking Facility Purpose of Item: Authorization for the City Manager to negotiate and execute an amendment to the Agreement between the City and MPA for the reduction of retail space at the Miami Ballpark located at 501 Marlins Way, Miami, Florida ("Property") and to negotiate and execute all other necessary documents, including amendments and modifications to said agreements, all in a form acceptable to the City Attorney, as may be necessary to effectuate the uses contemplated herein. Background of Item: The Department of Real Estate and Asset Management ("DREAM") received a request from both the City of Miami Fire -Rescue and Building Departments for utilization of unused retail space at the Property. Currently, the spaces are vacant and not in use. DREAM therefore requests an amendment to the existing Agreement with MPA to allow for the reduction of retail space and subsequent utilization by the City of Miami Fire - Rescue and Building Departments. Currently, the Fire -Rescue and Code Compliance Departments occupy space at the Property. Budget Impact Analysis Item is NOT Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: N/A Department of Real Estate and Asset Management Review Completed Office of Management and Budget Office of Management and Budget City Manager's Office Legislative Division City Manager's Office Office of the City Attorney Office of the City Attorney City Commission Office of the Mayor Reviewed B 08/22/2023 9:00 AM Pedro Lacret Marie Gouin Larry M. Spring Valentin J Alvarez Arthur Noriega V Jihan Soliman Victoria Mendez Maricarmen Lopez Mayor's Office Andrew Frey Budget Analyst Review Budget Review Assistant City Manager Legislative Division Review City Manager Review ACA Review Approved Form and Correctness Meeting Unsigned by the Mayor Department Head Completed Completed Completed Completed Completed Completed Completed Completed Completed 08/22/2023 11:03 AM 08/22/2023 4:19 PM 08/28/2023 9:56 AM 08/28/2023 3:05 PM 08/28/2023 9:14 PM 09/19/2023 12:47 PM 09/19/2023 7:32 PM 09/28/2023 9:00 AM 10/06/2023 3:22 PM Office of the City Clerk City Clerk's Office Signed and Attested by the City Clerk Completed 10/06/2023 3:28 PM Office of the City Clerk City Clerk's Office Rendered Completed 10/10/2023 10:44 AM City of Miami Legislation Resolution Enactment Number: R-23-0426 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 14502 Final Action Date:9/28/2023 A RESOLUTION OF THE CITY OF MIAMI COMMISSION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, PURSUANT TO SECTION 18-176 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A RETROACTIVE AMENDMENT TO THE MIAMI BALLPARK PARKING FACILITIES INTERLOCAL COOPERATION & LEASE AGREEMENT ("AGREEMENT") WITH THE DEPARTMENT OF OFF-STREET PARKING OF THE CITY OF MIAMI, AN AGENCY AND INSTRUMENTALITY OF THE CITY OF MIAMI, D/B/A THE MIAMI PARKING AUTHORITY ("MPA"), FOR THE MIAMI BALLPARK PARKING FACILITY, ALLOWING FOR THE ABATEMENT OF RENT FOR CITY OF MIAMI DEPARTMENT USE AND REDUCTION OF RETAIL SPACE LEASED TO MPA AND PROVIDING FOR THE APPORTION OF RETAIL SPACE FOR CURRENT AND FUTURE CITY OPERATIONAL USE; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AMENDMENT TO THE AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE PURPOSES STATED HEREIN; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL AMENDMENTS, EXTENSIONS, AND DOCUMENTS NECESSARY TO THE AMENDED AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. WHEREAS, the City of Miami ("City") owns the surface lots, parking structures ("Parking Facilities") and retail facilities ("Retail Facilities"), surrounding the Miami Ballpark, located at 501 Marlins Way, Miami, Florida ("Ballpark"); and WHEREAS, the Miami City Commission, by Resolution No. R-09-0509, passed and adopted on October 22, 2009, authorizing the issuance of Revenue Bonds on a taxable and tax- exempt basis to finance the City's portion of the construction of the Parking Facilities, the proceeds of which are governed by Internal Revenue Code Requirements and Revenue Bond Requirements; and WHEREAS, pursuant to that certain Operating Agreement dated April 15, 2009 by and between the City, Marlins Stadium Operator, LLC, and Miami -Dade County, the Department of Off -Street Parking of the City of Miami, an agency and instrumentality of the City of Miami, D/B/A the Miami Parking Authority ("MPA"), on the City's behalf has the exclusive right, authority and responsibility to operate, manage, maintain, and control the parking facilities; and WHEREAS, the terms and conditions of the operation of the Parking Facilities and Retail Facilities are governed by that certain Miami Ballpark Parking Facilities Interlocal Cooperation and Lease Agreement ("Lease"); and WHEREAS, for purposes of operational efficiency, the City desired to have the management of the Parking Facilities included in the leasing of the Retail Facilities; and WHEREAS, the City's Fire -Rescue and Code Compliance Departments currently occupy space at the Retail Facilities; and WHEREAS, the Department of Real Estate and Asset Management ("DREAM") has received a request to utilize vacant retail space at the Retail Facilities by both the Department of Fire -Rescue and Building Department to support operational needs; and WHEREAS, the City and MPA wish to enter into a retroactive amendment to the Lease, in a form acceptable to the City Attorney, that will retroactively amend the Lease to allow for Fire Department and Building Department to use several retail spaces in the Retail Facilities with no required rental payments, as well as, remove the Retail Facilities from the Lease with MPA in order for the City to manage, operate, and control the Retail Facilities; and WHEREAS, the City Commission finds that amending the Lease is in the best interest of the City; 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 fully set forth in this Section. Section 2. The City Manager is authorized to negotiate and execute a Retroactive Amendment, in a form acceptable to the City Attorney, between the City and MPA, for use of retail space located in parking facilities adjacent to 501 Marlins Way, Miami, Florida, with terms and conditions as more specifically set forth in said amendment. Section 3. The City Manager is further authorized to negotiate and execute any and all amendments, extensions, and documents necessary to the Agreement, in a form acceptable to the City Attorney. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor 2. APPROVED AS TO FORM AND CORRECTNESS: "ndez, ity ktor ey 9/19/2023 1 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.