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Resolution: R-10-0370
File Number: 10-00965
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 9/16/2010
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
ten (10) years, whichever is less; and
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
City of Miand Page 1 of 2 File Id. 10-00965 (Version: 1) Printed On: 8/7/2017
File Number: 10-00965 Enactment Number: R-10-0370
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}
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.
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