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Home My WebLink AboutScrivener's Error MemoCITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Todd B. Hannon, City Clerk FROM: Victoria Mendez, City Attornef'' for DATE: August 4, 2023 RE: Resolution No. R-11-0146 — Lease Agreement - 111 Northwest 1 Street File No. 11-00270 At its April 14, 2011, meeting, the City Commission adopted the above referenced agenda item, CA.6, authorizing the City Manager to execute an Amendment to the Lease Agreement ("Lease") between the City of Miami ("City") and Miami -Dade County, for the continued City use of the property located at 111 Northwest 1 Street, Miami, Florida, also known as Stephen P. Clark Center, for a rooftop antenna and related equipment, extending the term of the Lease for five (5) years, from May 1, 2011 through April 30, 2016, with one option to extend for one (1) additional five-year term, and retroactively reducing the annual rental from $14,000.00 per year to $1.00 per year effective October 1, 2010, with additional terms and conditions more set forth in the Lease. The Legislation was inadvertently adopted with a blank, has been corrected to reference Resolution Nos. R-11-0147 and R-11-0148 in the seventh whereas clause, and incremented to Version 2. VM/JAG/vja Enclosure(s) 11-QD27d Scri ve/ et S rrai, M-e io City of Miami Legislation Resolution: R-11-0146 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 11-00270 Final Action Date: 4/14/2011 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE LEASE AGREEMENT ("LEASE"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND MIAMI-DADE COUNTY, FOR THE CITY'S CONTINUED USE OF THE PROPERTY LOCATED AT 111 NORTHWEST 1 STREET, MIAMI, FLORIDA, FOR PLACEMENT OF A ROOFTOP ANTENNAAND RELATED EQUIPMENT; EXTENDING THE LEASE FOR A FIVE (5) YEAR PERIOD WITH AN OPTION TO EXTEND FOR ONE (1) ADDITIONAL FIVE (5) YEAR TERM EFFECTIVE MAY 1, 2011; REDUCING THE ANNUAL RENTAL RATE FROM $14,000.00 PER YEAR TO $1.00 PER YEAR EFFECTIVE OCTOBER 1, 2010. WHEREAS, on July 18, 1985, the Miami City Commission adopted Resolution No. 85-730, authorizing the City Manager to execute a Lease Agreement ("Lease") between Miami -Dade County ("County") and the City of Miami ("City") for the use of the property located at 111 Northwest 1 Street, Miami, Florida, also known as the Stephen P. Clark Center, for placement of a rooftop antenna and related equipment; and WHEREAS, the Lease was effective as of September 3, 1985, the start of installation of the rooftop antenna, with amongst other terms, an annual rental rate of $19,800.00 per year; and WHEREAS, the initial term of the Lease expired two years after installation of the rooftop antenna and has been subsequently renewed on a yearly basis thereafter; and WHEREAS, during subsequent annual renewals of the Lease term, the annual rental rate was reduced to $14,000.00 per year; and WHEREAS, the Lease is currently in the twenty-fifth renewal option period, and the latest Lease renewal period will expire on April 30, 2011, and the City wishes to pursue an Amendment to the Lease with the County; and WHEREAS, the County leases two properties from the City, located at 971 Northwest 2 Street, a portion of Henderson Park, and 1009 Northwest 5 Avenue, Miami Florida, and a portion of Culmer Center, Miami, Florida, at a rental rate of $1.00 per year each and both are used as health care clinics ("Health Care Clinic Properties"); and WHEREAS, the City, through Resolution Nos. R-11-0147 and R-11-0148 adopted April 14, 2011, authorized new lease agreements between the City and the County for the Health Care Clinic Properties for a period of five years and six months, effective October 1, 2010 through April 30, 2016, with an option to renew for one (1) additional five-year period; and WHEREAS, based on the City's authorization of new leases for the Health Care Clinic Properties, the County is allowing a modification of the Lease to reduce the annual rental rate from $14,000.00 per year to $1.00 per year, with a retroactive date on the annual rental rate to October 1, rn 1 In City of Milani Page ! of 2 File Id: 11-00270 (Version: 2) Printed On: 8/4/2023 File Number 11-00270 Enactment Number: R-11-0146 2010; 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 hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The City Manager is hereby authorized {1} to execute an Amendment to Lease Agreement ("Lease"), in substantially the attached form, between the City and the County, for the continued City use of the property located at 111 Northwest 1 Street, Miami, Florida, also known as Stephen P. Clark Center, for a rooftop antenna and related equipment, extending the term of the Lease for five (5) years, from May 1, 2011 through April 30, 2016, with one option to extend for one (1) additional five-year term, and retroactively reducing the annual rental from $14,000.00 per year to $1.00 per year effective October 1, 2010, with additional terms and conditions more set forth in the Lease. 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. CC :2 Wd L- 51lV CM m m City of Miami Page 2 of 2 File I 11-00270 (Version: 2) Printed On: 8/4/2023 City of Miami Legislation Resolution: City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 11-00270 Final Action Date: 4/14/2011 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE `11 ,; LEASE AGREEMENT ("LEASE"), IN SUBSTANTIALLY THE ATTACHED FORM, nt" 1 L.., BETWEEN THE CITY OF MIAMI ("CITY") AND MIAMI-DADE COUNTY, FOR THE —1m CITY'S CONTINUED USE OF THE PROPERTY LOCATED AT 111 NORTHWEST 1 �--i t 0 STREET, MIAMI, FLORIDA, FOR PLACEMENT OF A ROOFTOP ANTENNAAND ''trn yrn RELATED EQUIPMENT; EXTENDING THE LEASE FOR A FIVE (5) YEAR PERIOD Eh ""' WITH AN OPTION TO EXTEND FOR ONE (1) ADDITIONAL FIVE (5) YEAR TERM Z� rn =� EFFECTIVE MAY 1, 2011; REDUCING THE ANNUAL RENTAL RATE FROM ` - ry $14,000.00 PER YEAR TO $1.00 PER YEAR EFFECTIVE OCTOBER 1, 2010.t cw WHEREAS, on July 18, 1985, the Miami City Commission adopted Resolution No. 85-730, authorizing the City Manager to execute a Lease Agreement ("Lease") between Miami -Dade County ("County") and the City of Miami ("City") for the use of the property located at 111 Northwest 1 Street, Miami, Florida, also known as the Stephen P. Clark Center, for placement of a rooftop antenna and related equipment; and WHEREAS, the Lease was effective as of September 3, 1985, the start of installation of the rooftop antenna, with amongst other terms, an annual rental rate of $19,800.00 per year; and WHEREAS, the initial term of the Lease expired two years after installation of the rooftop antenna and has been subsequently renewed on a yearly basis thereafter; and WHEREAS, during subsequent annual renewals of the Lease term, the annual rental rate was reduced to $14,000.00 per year; and WHEREAS, the Lease is currently in the twenty-fifth renewal option period, and the latest Lease renewal period will expire on April 30, 2011, and the City wishes to pursue an Amendment to the Lease with the County; and WHEREAS, the County leases two properties from the City, located at 971 Northwest 2 Street, a portion of Henderson Park, and 1009 Northwest 5 Avenue, Miami Florida, and a portion of Culmer Center, Miami, Florida, at a rental rate of $1.00 per year each and both are used as health care clinics ("Health Care Clinic Properties"); and WHEREAS, the City, through resolutions and adopted April 14, 2011, authorized new lease agreements between the City and the County for the Health Care Clinic Properties for a period of five years and six months, effective October 1, 2010 through April 30, 2016, with an option to renew for one (1) additional five-year period; and WHEREAS, based on the City's authorization of new leases for the Health Care Clinic Properties, the County is allowing a modification of the Lease to reduce the annual rental rate from $14,000.00 per year to $1.00 per year, with a retroactive date on the annual rental rate to October 1, City of Miami Page 1 of 2 File Id 11-00270 (Version: 1) Printed On: 8/4/2023 File Number. 11-00270 Enactment Number: R-11-0146 2010; 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 hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The City Manager is hereby authorized {1} to execute an Amendment to Lease Agreement ("Lease"), in substantially the attached form, between the City and the County, for the continued City use of the property located at 111 Northwest 1 Street, Miami, Florida, also known as Stephen P. Clark Center, for a rooftop antenna and related equipment, extending the term of the Lease for five (5) years, from May 1, 2011 through April 30, 2016, with one option to extend for one (1) additional five-year term, and retroactively reducing the annual rental from $14,000.00 per year to $1.00 per year effective October 1, 2010, with additional terms and conditions more set forth in the Lease. 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. -r-, ^5 N _ nrn 3a. 73 -< A a") --I I 0 Qn —a rn = m N r— w rnxi w x City of Miami Page 2 of 2 File I 11-00270 (Version: l) Painted On: 8/4/2023