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HomeMy WebLinkAboutLegislationCity of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 07-00921 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT TO LEASE AGREEMENT ("AMENDMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("TENANT") AND COLUMBUS PROPERTIES, INC. A/K/A COLUMBUS PROPERTIES, INC., OF ALASKA, AN ALASKA FOR -PROFIT CORPORATION ("LANDLORD"), FOR THE USE OF THE ORIGINAL APPROXIMATELY 2,585 RENTABLE SQUARE FEET OF ORIGINAL SPACE IN PH-1B (THE "ORIGINAL PREI`.M'SES") PLUS AN ADDITIONAL APPROXIMATELY 1,485 SQUARE FEET OF RENTABLE SPACE IN PH-1 C (THE "EXPANSION PREMISES") FOR A TOTAL OF APPROXIMATELY 4,070 SQUARE FEET OF RENTABLE SPACE OF THE PROPERTY LOCATED AT 155 SOUTH MIAMI AVENUE, MIAMI, FLORIDA, (THE ORIGINAL PREMISES AND THE EXPANSION PREMISES BEING COLLECTIVELY THE "TOTAL PREMISES"), FOR THE PURPOSE OF PROVIDING OFFICE SPACE FOR THE CIVILIAN INVESTIGATIVE PANEL SUBJECT TO THE FOLLOWING: 1) LANDLORD, AT ITS COST AND EXPENSE, SHALL MAKE CERTAIN CAPITAL IMPROVEMENTS TO THE EXPANSION PREMISES IN ACCORDANCE WITH SPECIFICATIONS OF TENANT; 2) TENANT EXERCISES ITS OPTION TO EXTEND THE ORIGINAL LEASE TERM FOR THE TOTAL PREMISES FOR AN ADDITIONAL FIVE-YEAR PERIOD WITH AN EXPIRATION DATE OF MAY 31, 2013 (THE "AMENDED LEASE TERM"); 3) UPON. POSSESSION OF THE EXPANSION PREMISES, TENANT SHALL PAY ANNUAL BASE RENT OF $22.00, PER RENTABLE SQUARE FOOT, OR $2,722.50, MONTHLY, FOR THE EXPANSION PREMISES; 4) COMMENCING JUNE 1, 2008, THE ANNUAL BASE RENT FOR THE TOTAL PREMISES SHALL BE $22.66, PER RENTABLE SQUARE FOOT, OR $7,685.52, PER MONTH, AND THEREAFTER SHALL BE INCREASED BY 3% ANNUALLY FOR THE TOTAL PREMISES FOR THE REMAINDER OF THE AMENDED LEASE TERM; ALLOCATING FUNDS, FROM THE GENERAL FUND, ACCOUNT CODE NO. 12100.950101.534000.0000.00000, WITH ADDITIONAL TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID AMENDMENT. WHEREAS, pursuant to Resolution No. 03-006, adopted January 9, 2003, the City Commission authorized the City Manager to execute a lease between the City of Miami ("City") and Justice Investigative Associates, Ltd., owners of property located at 155 South Miami Avenue, Miami, Florida, 33130 for the use of approximately 2,585 square feet of rentable space (the "Original Premises") to operate as its administrative offices; and WHEREAS, on March 4, 2003, the City Manager executed a Lease Agreement (the "Lease Agreement") with Justice Investigative Associates, Ltd. ("JIA") for a five-year term, with one five-year option to renew, to establish an administrative office for the Civilian Investigative Panel; and WHEREAS, on June 22, 2006, JIA conveyed its interest in the property to Columbus Properties, City of Miami Page 1 of 3 Printed On: 7/20/2007 File Number. 07-00921 Inc., a/k/a Columbus Properties, Inc. of Alaska, successor in assigns to JIA, ("Landlord"); and WHEREAS, the City is interested in expanding the administrative offices of the Civilian Investigative Panel to increase its services at its present location at the Original Premises; and WHEREAS, the parties negotiated to amend the Lease Agreement to occupy additional adjacent space of 1,485 rentable square feet (the "Expansion Premises"), for a total of approximately 4,070 square feet of rentable space (the Original Premises and the Expansion Premises being collectively the "Total Premises") subject to the Landlord completing certain capital improvements to the Expansion Premises and subject to the City exercising an option to renew for a five-year term for the Original Premises plus the Expansion Premises and the City shall pay rent at a rate of up to $22.00, per rentable square foot, or $2,722.50, monthly, for the Expansion Premises; and WHEREAS, the parties further negotiated that commencing June 1, 2008, the annual lease rent for the Total Premises shall be $22.66 per rentable square foot or $7,685.52 per month and thereafter shall be increased by 3% annually for the Total Premises for the remainder of the Amended Lease Term; 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 the First Amendment to the Lease Agreement ("Amendment"), in substantially the attached form, between the City of Miami ('Tenant") and the Landlord, for the use of the original approximately 2,585 rentable square feet of original space in PH1-B (the "Original Premises") plus an additional approximately 1,485 square feet of rentable space in PH 1-C for a total of approximately 4,070 square feet of rentable space of the Property . located at 155 South Miami Avenue, Miami, Florida (the "Total Premises") (the Original Premises and the Expansion Premises being collectively the Total Premises), for the purpose of providing office space for the Civilian Investigative Panel subject to the following: 1) Landlord, at its cost and expense, shall make certain capital improvements to the Expansion Premises in accordance with specifications of Tenant; 2) Tenant exercises its option to extend the original lease term for the Total Premises for an additional five-year period with an expiration date of May 31, 2013 (the "Amended Lease Term"); 3) upon possession of the Expansion Premises, Tenant shall pay annual base rent of $22.00, per rentable square foot, or $2,722.50, monthly, for the Expansion Premises; 4) commencing June 1, 2008, the annual base rent for the Total Premises shall be $22.66, per rentable square foot, or $7,685.52, per month, and thereafter shall be increased by 3% annually for the remainder of the Amended Lease Term, with funds allocated from the General Fund, Account Code No. 12100.950101.534000.0000.00000, with additional terms and conditions as more particularly set forth in said Amendment. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.(2) APPROVED AS TO FORM AND CORRECTNESS: City of Miami Page 2 of 3 Printed On: 7/20/2007 File Number: 07-00921 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 3 of 3 Printed On: 7/20/2007