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HomeMy WebLinkAboutR-23-0497City of Miami Resolution R-23-0497 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 15011 Final Action Date: 11/16/2023 A RESOLUTION OF THE CITY OF MIAMI COMMISSION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A NEW LEASE AGREEMENT ("AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI ("CITY") AND KEI 3567 NW 33 WRHS, LLC, A FLORIDA LIMITED LIABILITY COMPANY ("LESSOR"), FOR THE USE OF APPROXIMATELY TWO THOUSAND SQUARE FEET ("2,000 SQ. FT.") OF WAREHOUSE SPACE LOCATED AT 3320 NORTHWEST 35 AVENUE, MIAMI, FLORIDA 33142 ("PREMISES") FOR THE OPERATION OF THE POLICE DEPARTMENT'S SPECIAL INVESTIGATIONS SECTION ("SIS"), COMMENCING ON THE COMMENCEMENT DATE, FOR AN INITIAL BASIC MONTHLY RENT OF THREE THOUSAND FIVE HUNDRED DOLLARS ($3,500.00), FOR A PERIOD OF TEN (10) YEARS, IN ADDITION TO AN ADDITIONAL MONTHLY RENT OF SIX HUNDRED SIXTY-SIX DOLLARS AND SIXTY-SEVEN CENTS ($666.67), AS MORE PARTICULARLY SET FORTH IN THE DRAFT LEASE AGREEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING, BUT NOT LIMITED TO, AMENDMENTS, RENEWALS, AND EXTENSIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. WHEREAS, pursuant to Resolution No. R-06-0700 adopted on December 14, 2006, the City Commission authorized the City Manager to execute a lease agreement ("Lease") between the City of Miami ("City") and AVS International Group, Inc., a Florida Corporation ("Lessor"), for the City's use of two thousand square feet (2,000 sq. ft.) of warehouse space ("Premises"); and WHEREAS, the Lease included an initial term of one (1) year commencing January 1, 2007 and ending December 31, 2007 and provided for five (5) additional one (1) year options to renew, said options providing for the same base rent for the first two (2) renewal periods and providing that the base rent during renewal years 2010, 2011, and 2012 would be subject to City Commission approval; and WHEREAS, pursuant to Resolution No. R-10-0052 adopted on February 11, 2010, the City Commission authorized the City Manager to execute Amendment No. 1 to the Lease at a mutually agreed upon rate of eleven dollars ($11.00) per square foot effective from January 1, 2010 through December 31, 2010; and WHEREAS, pursuant to Resolution No. R-11-0353 adopted on September 15, 2011, the City Commission authorized the City Manager to execute Amendment No. 2 to the Lease at a mutually agreed upon rate of ten dollars ($10.00) per square foot effective from January 1, 2011 through December 31, 2011; and City of Miami Page 1 of 2 File ID: 15011 (Revision:) Printed On: 1/22/2024 File ID: 15011 Enactment Number: R-23-0497 WHEREAS, pursuant to Resolution No. R-18-0321, adopted on July 26, 2018, the City Commission authorized the City Manager to execute Amendment No. 3 to the Lease at a mutually agreed upon rate of thirteen dollars and twenty cents ($13.20) per square foot effective from June 1, 2018 through May 31, 2021; and WHEREAS, since the expiration of the Lease, the City has continued to use the Premises on a month -to -month basis pursuant to the terms of the Lease; and WHEREAS, the City and the Lessor wishes to enter into a new Lease Agreement ("Agreement") authorizing the SIS continued use of the Premises; and WHEREAS, the proposed Agreement is for a ten (10) year term commencing on the Commencement Date at an initial Basic Monthly Rent three thousand five hundred dollars and zero cents ($3,500.00) in addition to an Additional Monthly Rent in the amount of six hundred sixty-six dollars and sixty-seven cents ($666.67) subject to change; 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 hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The City Manager is hereby authorized' to negotiate and execute the draft Agreement, in a form acceptable to the City Attorney, between the City and the Lessor for a period of ten (10) years for the City's use of the Premises for the purpose of the Special Investigations Section of the Miami Police Department ("MPD") for an initial Basic Monthly Rent in the amount of three thousand five hundred dollars and zero cents ($3,500.50) in addition to an Additional Monthly Rent in the amount of six hundred sixty-six dollars and sixty-seven cents ($666.67) subject to change. Section 3. The City Manager is further authorized' to negotiate and execute all necessary documents, including, but not limited to, non -substantive amendments, renewals, and extensions, all in forms acceptable to the City Attorney, subject to all allocations, appropriations, prior budgetary approvals, and all in compliance with applicable provisions of the City Code, as may be deemed necessary for said purpose. Section 4. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: [la deli i, City Rttor 1 ey 12/13/2023 1 The herein authorization is further subject to compliance with all legal requirements that may be imposed by, including but not limited to, those prescribed by applicable City Charter and City Code provisions. City of Miami Page 2 of 2 File ID: 15011 (Revision:) Printed on: 1/22/2024