HomeMy WebLinkAboutLegislationCity of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 13-00325 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE
AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM,
BETWEEN THE CITY OF MIAMI ("CITY") AND BEASLEY-REED ACQUISITION
PARTNERSHIP, FOR USE OF APPROXIMATELY 2.2 ACRES OF CITY -OWNED
REAL PROPERTY AND IMPROVEMENTS LOCATED IN VIRGINIA KEY,
MIAMI-DADE COUNTY, FLORIDA, FORA MONTHLY USE FEE OF $15,953.52,
PLUS STATE OF FLORIDA USE TAX (IF APPLICABLE), FORA TERM OF FIVE (5)
YEARS, WITH ADDITIONAL TERMS AND CONDITIONS, AS MORE SPECIFICALLY
SET FORTH IN SAID AGREEMENT.
WHEREAS, the City of Miami ("City") is the owner of real property located at Virginia Key,
Miami -Dade County, Florida ("Property"); and
WHEREAS, the City and Hernstadt Broadcasting Corp. ("Original Tenant") entered into a
Lease Agreement dated September 3, 1982 ("Lease"), pursuant to which Original Tenant leased
certain premises consisting of approximately 2.2 acres located on the Property; and
WHEREAS, the Original Tenant assigned the Lease to Howard Broadcasting Corporation
("Successor Tenant"), pursuant to an Assignment of Lease dated October 17, 1986, which assignment
was approved by the City by letter dated November 24, 1986; and
WHEREAS, Successor Tenant assigned an undivided one-half (1/2) interest in the Lease to
Sunshine -Wireless Company, Inc. pursuant to an Assignment of Lease dated August 31, 1987, which
assignment was approved by the City on August 10, 1987; and
WHEREAS, Sunshine Wireless Company assigned its undivided one-half interest in the Lease
to Beasley -Reed Acquisition Partnership which assignment was approved by the City by Consent to
Assignment and Assumption dated August 14, 1996; and
WHEREAS, with the City's consent, Successor Tenant assigned all of its remaining right, title
and interest in and to the Lease to Beasley -Reed Acquisition Partnership pursuant to a Consent to
Assignment and Assumption dated August 11, 2000; and
WHEREAS, Section 29-B of the City's Charter, authorizes the City Commission to grant a
lessee of City -owned property, a one-time extension during the last five (5) years of its lease, without
the necessity for a referendum, for the purposes of funding additional capital improvements, for an
extended term not to exceed 25% of the original term or ten (10) years, whichever is less, and
provided the lessee is not in default of its lease nor in arrearage of any monies due the City; and
WHEREAS, pursuant to Resolution No. 06-0332, adopted May 25, 2006, the City Commission,
by a four -fifths (4/5ths) vote, authorized the extension of the term of the Lease for an additional term of
six (6) years; and
City of Miami Page 1 of 2 File Id: 13-00325 (Version: 1) Printed On: 5/10/2013
File Number: 13-00325
WHEREAS, the Lease, as amended, will expire on September 2, 2013; and
WHEREAS, the City and Beasley -Reed Acquisition Partnership ("Licensee") desire to enter into
a Revocable License Agreement ("Agreement") for the Licensee's continued use of the Property so the
City continues to receive uninterrupted revenue and so the general public in the City will be able to
benefit from this broadcasting facility;
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 fully set forth in this Section.
Section 2. The City Manager is authorized{ 1 } to execute an Agreement, in substantially the
attached form, between the City and Licensee, for use of approximately 2.2 acres of City -owned real
Property and improvements, for a monthly Use Fee of $15,953.52, plus State of Florida Use Tax (if
applicable), for a term of five (5) years, with additional terms and conditions, as more specifically set
forth in said Agreement.
Section 3. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor. {2}
APPROVED AS TO FORM AND CORRECTNESS:
4(9.1/A-0pCP
JULIE O. BFW
CITY ATTORNEY -
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: 13-00325 (Version: 1) Printed On: 5/10/2013