HomeMy WebLinkAboutR-05-0453City of Miami
Legislation
Resolution: R-05-0453
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 05-00671 Final Action Date: 7/28/2005
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
RESCINDING RESOLUTION NO. 04-0728, ADOPTED NOVEMBER 18, 2004, IN
ITS ENTIRETY, AND THE LEASE AGREEMENT ("AGREEMENT") BETWEEN THE
CITY OF MIAMI ("LESSEE") AND RAYOS DEL SOL, LTD., A LIMITED
PARTNERSHIP ("LESSOR"), PURSUANT TO SAID RESOLUTION; AUTHORIZING
THE CITY MANAGER TO EXECUTE A REVISED AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE LESSEE AND LESSOR,
FOR USE OF APPROXIMATELY 1,236 SQUARE FEET OF OFFICE SPACE,
LOCATED AT 185 NORTHWEST 13TH AVENUE, MIAMI, FLORIDA, TO RELOCATE
THE OPERATION OF THE EAST LITTLE HAVANA NEIGHBORHOOD
ENHANCEMENT TEAM, TO PROVIDE FOR THE FOLLOWING: 1) A SEVEN-YEAR
TERM COMMENCING NO LATER THAN FOUR MONTHS AFTER LESSEE ISSUES
NOTICE TO PROCEED WITH CONSTRUCTION OF THE PREMISES TO LESSOR
AND LESSEE PHYSICALLY OCCUPIES THE PREMISES, WITH AN OPTION TO
EXTEND FOR TWO ADDITIONAL FIVE-YEAR TERMS SUBJECT TO THE MUTUAL
CONSENT OF THE PARTIES; 2) LESSEE SHALL PAY RENT FOR THE FIRST
YEAR, AT A RATE OF $12, PER SQUARE FOOT, OR AN AMOUNT NOT TO
EXCEED $1,236, PER MONTH, WITH RENT FOR SUBSEQUENT TERM YEARS
TO BE ADJUSTED BASED ON INCREASES IN THE CONSUMER PRICE INDEX; 3)
LESSOR TO PROVIDE LESSEE WITH COMPLETE BUILD -OUT OF THE
PREMISES; AND 4) LESSOR TO PAY ALL COMMON AREA OPERATING
CHARGES AND PROVIDE FOUR RESERVED PARKING SPACES FOR LESSEE,
WITH ADDITIONAL TERMS AND CONDITIONS MORE PARTICULARLY SET
FORTH IN THE AGREEMENT.
WHEREAS, the City of Miami ("City") is interested in improving the physical conditions and quality
of services for its East Little Havana Neighborhood Enhancement Team ("NET"); and
WHEREAS, the City negotiated with Rayos Del Sol, Ltd. ("Lessor"), owners of a newly
constructed property located at 185 Northwest 13th Avenue, Miami Florida, for 1,200 square feet of
office space to relocate the NET from its present location in Warner Place at 111 Southwest 5th
Avenue, Miami, Florida; and
WHEREAS, Resolution No. 04-0728, adopted November 18, 2004, authorized the City Manager
to execute a Lease Agreement ("Agreement") with Lessor, that included the owner providing a
complete build -out of 1,200 square feet of space within the property not to exceed construction cost
of $80,000 based on the City's design specifications; and
WHEREAS, the design specifications caused construction cost to exceed the agreed upon
$80,000 and changed the size of the space from 1,200 square feet to 1,236 square feet; and
City of Miami
Page 1 of 2 File Id: 05-00671 (Version: 11 Printed On: 11/22/2016
File Number: 05-00671 Enactment Number: R-05-0453
WHEREAS, the parties to the Agreement have not executed same and the Agreement that was
approved November 18, 2004, shall be void; and
WHEREAS, the parties have renegotiated the build -out of 1,236 square feet of space so that the
construction costs would be affordable to the owner and accommodate the City; and
WHEREAS, the attached Agreement, as revised, shall serve to embody the terms and conditions
between the parties;
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. Resolution No. 04-0728, adopted November 18, 2004 and the Agreement between the
City ("Lessee") and Lessor, pursuant to said Resolution, is rescinded in its entirety.
Section 3. The City Manager is authorized{1} to execute a revised Agreement, in substantially the
attached form, between the Lessee and Lessor, for use of approximately 1,236 square feet of office
space, located at 185 Northwest 13th Avenue, Miami, Florida, to relocate the operation of the NET, to
provide for the following: 1) a seven-year term commencing no later than four months after Lessee
issues notice to proceed with construction of the premises to Lessor and Lessee physically occupies
the premises, with an option to extend for two additional five-year terms subject to the mutual consent
of the parties; 2) Lessee shall pay rent for the first year, at a rate of $12, per square foot, or an
amount not to exceed $1,236, per month, with rent for subsequent term years to be adjusted based
on increases in the Consumer Price Index; 3) Lessor to provide Lessee with complete build -out of the
premises; and 4) Lessor to pay all common area operating charges and provide four reserved parking
spaces for Lessee, with additional terms and conditions more particularly set forth in the Agreement.
Section 3. 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.
City of Miami Page 2 of 2 File Id: 05-00671 (Version: 11 Printed On: 11/22/2016