HomeMy WebLinkAboutR-08-0242City of Miami
Legislation
Resolution: R-08-0242
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 08-00425 Final Action Date: 5/8/2008
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND AMENDMENT TO
LEASE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN
THE CITY OF MIAMI ("CITY") AND BEASLEY-REED ACQUISITION PARTNERSHIP,
A DELAWARE PARTNERSHIP, TO EXTEND IN THEIR LEASE OF
APPROXIMATELY 2.2 ACRES OF THE CITY'S PROPERTY IN VIRGINIA KEY,
MIAMI, FLORIDA, THE START OF THE PARTIES' MUTUAL RIGHT TO TERMINATE
THE LEASE FROM SEPTEMBER 3, 2008 TO JUNE 3, 2009, WITH NINETY (90)
DAYS PRIOR WRITTEN NOTICE.
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 (5) 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 the delays in completing said Master Plan, the parties have now negotiated an
extension of the parties' mutual early termination right from a commencement of September 3, 2008
to June 3, 2009, with ninety (90) days prior written notice;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
City of Miami
Page 1 of 2 File Id: 08-00425 (Version: 11 Printed On: 5/3/2017
File Number: 08-00425 Enactment Number: R-08-0242
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 Second Amendment to Lease
Agreement, in substantially the attached form, between the City and Beasley -Reed, to extend in their
lease of the Premises of the City's property in Virginia Key, Miami, Florida, the start of the parties'
mutual right to terminate the Lease from September 3, 2008 to June 3, 2009, with ninety (90) days
prior written notice.
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: 08-00425 (Version: 11 Printed On: 5/3/2017