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Resolution
D2.3
File Number: 06-00670
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
ACCEPTING THE RECOMMENDATION OF THE COCONUT GROVE BUSINESS
IMPROVEMENT COMMITTEE ("BIC") PURSUANT TO SECTION 2-1251(1)(B) OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO AUTHORIZE
THE DEPARTMENT OF OFF-STREET PARKING ("DOSP"), ON BEHALF OF THE
BIC TO EXECUTE A LEASE AGREEMENT ("LEASE"), IN SUBSTANTIALLY THE
ATTACHED FORM, BETWEEN THE DOSP AND COMMODORE CAPITAL, LLC
("LESSOR"), FOR THE BIC'S USE OF APPROXIMATELY 800 SQUARE FEET OF
OFFICE SPACE WITHIN THE PROPERTY LOCATED AT STORE # 4, 3112
COMMODORE PLAZA, MIAMI, FLORIDA, WITH SAID LEASE PROVIDING FOR:
(A) A MONTH -TO -MONTH TERM TO COMMENCE ON MAY 1, 2006, WITH AN
INITIAL LAST MONTH OUTSIDE TERMINATION DATE OF SEPTEMBER 30, 2006;
(B) AN INITIAL MONTHLY RENT OF $1,200; (C) BIC TO PAY FOR ITS OWN
ELECTRICAL CONSUMPTION AND TELEPHONE; (D) BIC TO PAY FOR ROUTINE
MAINTENANCE AND CLEANING AS MORE SPECIFICALLY SET FORTH IN THE
LEASE, AND (E) AN OPTION TO RENEW ON A MONTH -TO -MONTH BASIS
UNTIL MAY 31, 2007, FOR THE SAME RENT, SUBJECT TO THE NEGOTIATION
OF OTHER TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH
IN THE LEASE; AUTHORIZING DOSP TO APPROVE AND EXECUTE
NON -SUBSTANTIVE AMENDMENTS TO THE LEASE AS NEEDED; TO
ALLOCATE, TRANSFER AND DISBURSE AN AMOUNT NOT TO EXCEED
$10,000, FROM THE COCONUT GROVE BUSINESS DISTRACT IMPROVEMENT
TRUST FUND, ACCOUNT NO. 172770906, FOR FISCAL YEAR 2005-2006 FOR
RENT, ELECTRICITY, TELEPHONE SERVICE, AND ROUTINE MAINTENANCE;
AUTHORIZING DOSP TO MAKE SUCH ALLOCATION, TRANSFER, AND
DISBURSEMENT FOR SAID PURPOSES, WITH FUTURE FISCAL YEAR
FUNDING SUBJECT TO BUDGETARY APPROVAL.
WHEREAS, the Coconut Grove Business Improvement Committee ("BIC") on March 21, 2006
voted to recommend to the Miami City Commission to authorize the Department of Off -Street Parking
("DOSP") to lease space for an office for the BIC to be located in the Coconut Grove business district
and to allocate, transfer, and disburse an amount not to exceed $10,000 from the Coconut Grove
Business District Improvement Trust Fund ("Trust Fund") for Fiscal Year 2005-2006 for the rental of
office space, including electricity, telephone service, and routine maintenance; and
WHEREAS, the BIC is recommending to enter into a lease agreement to use on -a month -to -month
basis the office space owned by Commodore Capital, LLC. ("Lessor") at the property Located at Store #
4, 3112 Commodore Plaza, Miami, Florida, with a total square footage of approximately 800 feet; and
WHEREAS, Section 2-1251(1)(b) of the Code of the City of Miami, as amended, ("Code") requires
for such allocation, transfer, and disbursement of funds from the Trust Fund to be made by the DOSP;
City of Miens, Page 1 of 2 Printed On: 4/19/2006
File Number: 06-00670
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 recommendation of the BIC is accepted and DOSP is authorized{1} to execute a
Lease Agreement, in substantially the attached form ("Lease"), between the DOSP on behalf of the
BIC and Lessor, for the BIC's use of approximately 800 square feet of office space within the property
located at Store #4, 3112 Commodore Plaza, Miami, Florida; said Lease to provide for: (a) an initial
month -to -month term to commence on May 1, 2006 with an initial last month outside termination date
of September 30, 2006; (b) a monthly rent of $1,200; (c) BIC to pay for its own electrical consumption
and telephone, (d) BIC to pay for routine maintenance and cleaning as more specifically set forth in the
Lease; and (e) an option to renew on a month -to -month basis until May 31, 2007, for the same rent,
subject to the negotiation of other terms and conditions as more particularly set forth in the Lease.
Section 3. DOSP is authorized{1} to approve and execute amendments for non -substantive
modifications to the Lease as needed:
Section 4. DOSP is authorized and directed to allocate, transfer, and disburse an amount not to
exceed $10,000 from the Coconut Grove Business District Improvement Trust Fund No. 172770906 for
Fiscal Year 2005-2006 for rent, electricity, telephone service, and routine maintenance, with future
fiscal year funding subject to budgetary approval.
Section 5. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
APPRO D AS 0 FORM AND CORRECTNESS:
JORG: L. F RNANDEZ
CITY TO"NEY
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 Printed On: 4/19/2006