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Home My WebLink AboutLEGISLATIONFile Number: 10-00965 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A FOURTH AMENDMENT TO LEASE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND BEASLEY-REED (COLLECTIVELY THE "PARTIES"), TO EXTEND THE COMMENCEMENT DATE OF THE PARTIES' MUTUAL RIGHT TO TERMINATE THE LEASE OF APPROXIMATELY 2.2 ACRES OF CITY PROPERTY IN VIRGINIA KEY, FLORIDA, FROM JUNE 3, 2010 TO JUNE 3, 2011, WITH SIXTY (60) DAYS PRIOR WRITTEN NOTICE; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY FURTHER AMENDMENTS TO THE COMMENCEMENT DATE OF THE PARTIES' MUTUAL RIGHT TO TERMINATE THE LEASE AS NECESSARY, BUT IN NO EVENT SHALL SUCH DATE BE LATER THAN SEPTEMBER 2, 2013. WHEREAS, in 1982 the City of Miami ("City") advertised for and received development proposals by bid invitation for the lease of approximately three (3) acres of property owned by the City on Virginia Key for the construction, maintenance and operation of a broadcast tower communications facility ("Premises"); and WHEREAS, the proposal presented by WKAT-Hernstadt Broadcasting Corp. was in the best interest of the public which led to a twenty-five (25) year lease agreement with the City in 1982; and WHEREAS, the City consented to an assignment and assumption of the lease by Beasley -Reed Acquisition Corporation ("Beasley -Reed"); and WHEREAS, Section 29-B of the City Charter provides that the City Commission, by a four-fifths (4/5ths) affirmative vote, may grant a lessee a one-time extension during the last five years of its lease, without the necessity of a referendum, for the purpose of funding additional capital improvements, which extended term shall not exceed twenty five percent (25%) of the original term or eri years, w is ever is ess; an - - - WHEREAS, in May, 2006, the parties negotiated a lease extension calling for a six (6) year term with an initial rental increase to $150,000, annually, and with Beasley -Reed making certain capital improvements to the Premises as a condition of the extension; and WHEREAS, the City also negotiated with Beasley -Reed for a mutual right of early termination of the lease extension commencing on September 3, 2008, in light of the forthcoming Virginia Key Master Plan; and WHEREAS, due to unforeseen delays in completing said master plan, the City and Beasley -.Reed ("Parties") negotiated an extension of the parties' mutual early termination right from a commencement of September 3, 2008 to June 3, 2010 with ninety (90) days prior written notice; and Cite of 11liami Page 1 of 2 File Id: 10-00965 (Version: ])Printed On: 8/26/2010 City of Miami City Hall Pan American 3500 Drive (IM., Eitu$ E f { � Le islation Miami, FL 33133 �M/ www.miamigov.com Resolution File Number: 10-00965 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A FOURTH AMENDMENT TO LEASE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND BEASLEY-REED (COLLECTIVELY THE "PARTIES"), TO EXTEND THE COMMENCEMENT DATE OF THE PARTIES' MUTUAL RIGHT TO TERMINATE THE LEASE OF APPROXIMATELY 2.2 ACRES OF CITY PROPERTY IN VIRGINIA KEY, FLORIDA, FROM JUNE 3, 2010 TO JUNE 3, 2011, WITH SIXTY (60) DAYS PRIOR WRITTEN NOTICE; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY FURTHER AMENDMENTS TO THE COMMENCEMENT DATE OF THE PARTIES' MUTUAL RIGHT TO TERMINATE THE LEASE AS NECESSARY, BUT IN NO EVENT SHALL SUCH DATE BE LATER THAN SEPTEMBER 2, 2013. WHEREAS, in 1982 the City of Miami ("City") advertised for and received development proposals by bid invitation for the lease of approximately three (3) acres of property owned by the City on Virginia Key for the construction, maintenance and operation of a broadcast tower communications facility ("Premises"); and WHEREAS, the proposal presented by WKAT-Hernstadt Broadcasting Corp. was in the best interest of the public which led to a twenty-five (25) year lease agreement with the City in 1982; and WHEREAS, the City consented to an assignment and assumption of the lease by Beasley -Reed Acquisition Corporation ("Beasley -Reed"); and WHEREAS, Section 29-B of the City Charter provides that the City Commission, by a four-fifths (4/5ths) affirmative vote, may grant a lessee a one-time extension during the last five years of its lease, without the necessity of a referendum, for the purpose of funding additional capital improvements, which extended term shall not exceed twenty five percent (25%) of the original term or eri years, w is ever is ess; an - - - WHEREAS, in May, 2006, the parties negotiated a lease extension calling for a six (6) year term with an initial rental increase to $150,000, annually, and with Beasley -Reed making certain capital improvements to the Premises as a condition of the extension; and WHEREAS, the City also negotiated with Beasley -Reed for a mutual right of early termination of the lease extension commencing on September 3, 2008, in light of the forthcoming Virginia Key Master Plan; and WHEREAS, due to unforeseen delays in completing said master plan, the City and Beasley -.Reed ("Parties") negotiated an extension of the parties' mutual early termination right from a commencement of September 3, 2008 to June 3, 2010 with ninety (90) days prior written notice; and Cite of 11liami Page 1 of 2 File Id: 10-00965 (Version: ])Printed On: 8/26/2010 File Number 10-00965 WHEREAS, due to continued unforeseen delays in completing the master plan, the Parties have negotiated a further extension of the Parties' mutual early termination right from a commencement date of June 3, 2010 to June 3, 2011 with sixty (60) days prior written notice; and WHEREAS, it is necessary to execute an Amendment, in substantially attached form, for said purpose; 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 authorized{1} to execute a Fourth Amendment to Lease Agreement, in substantially the attached form, between the Parties, to extend the commencement date of the Parties' mutual right to terminate the lease of the Premises, from June 3, 2010 to June 3, 2011, with sixty (60) days prior written notice. Section 3. The City Manager is further authorized{1}, without the necessity of further City Commission action, to administratively extend, at the City Manager's sole discretion, the parties' mutual termination date of the Agreement upon sixty (60) days prior written notice from Beasley -Reed, but such date shall not be later than September 2, 2013, Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{2} APPROVED AS TO FORM AND CORRECTNESS: JULIE O. BRU /; CITY ATTORNEY Footnotes: {1} The herein authorization is further subject to compliance with all -requirements that may be - imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. {2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten 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. Cite of Miami Page 2 of 2 File 1d: 10-00965 ([version: 1) Printed On: 812612010