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HomeMy WebLinkAboutPre-Legislation-SUBJ-00-44 1/13/00 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. RESOLUTION NO. CO - A RESOLUTION OF THE MIAMI CITY COMMISSION ESTAOLISHING POLICY AND SETTING RENTAL RATES FOR USE OP OFFICE SPACE AT THE MANUEL ARTIME THEATER AND COMMUNITY CENTER, .LOCATED AT 900 SOUTHWEST 1" STREET AND 970 SOUTHWEST lir STREET, .MIAMI. FLORIDA, RESPECTIVELY; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE REVOCABLE LICENSE AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH AFFECTED ORGANIZATIONS FOR SAID PURPOSE. WHEREAS, the practice of charging rental fees for use of office space at Manuel Artime Theater and Community Center (the "Faci4ty(s)"), located at 900 Southwest 1 Street and 9.70.Southwest 1 Street, iami, Florida, respectively, has been in effect for more than fourteen years; and WHEREAS, the City of Miami is subsidizing the Facility(s) in the amount of approximately $250,000 per year; and WHEREAS, khe Office of Asset Management conducted an analysis.of market rental rates for similar type office buildings in the area; and WHEREAS, the City Commission has reviewed the analysis prepared by the Office of Asset Mana ement and has determined it to be in the bet interest of the City to establish a policy and set forth rental rates for use of office space at the Facility(s) which rates and other terms and conditions shall be . 1N3W3DVHVW13SSV S31.11113V.I 311811d AO /IJIWd 12 g3.1 90 03/\ 303 '4.1.1rP P°. E5 ern comoassios MEETLHG 01" JAM 1 3 7000 00006"-prc _ THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. formalized by the execution and issuance of a Revocable License Agreemeht, in a form acceptable to the city Attorney; NOWI HEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMIFLORIDA; Seetibn 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 following policy is hereby established and rental rates hereby met for use of office space at the Manuel Artime theater and Community Center (the "Facility(s)"), located at 900 Southwest 1" Street and 970 Southwest Street, Miami Florida; respectively: (A) REYWNELE -LICENSE AGREVAIT AgOUIREDJEIBUS ESTABLISW. All individuals or organiztions renting office space at the Facility(s) shall enter into a Revocable License Agreement with the City of Miami. Rental rates for use of office space shall be determined as follows: (1) RENTAL RATES FOR USE OF OFFICE SPACE BY NEW LICENSEES; RENTAL RATES FOR USE OF ADDITIONAL SPACE BY EXISTING LICENSEES: (a) Community Center: 976'Southwest 1 Street (i) For -Profit Organizations: $6.50 per square foot* (ii) Not -for -Profit Organizations! $8.50 per square foot percent (251) discoun less twenty-five Page 2 of,4 2, THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. (b) Theater: 900 Southwest 1" Street (i) For -Profit Organizations: $7,75 per square foot* (ii) Not -for -Profit Organizations: $7,75 per square foot*, less twenty-five percent (259e) discount * Square footage shall include a common area factor of sixteen percent (10). (2) RENTAL RATES FOR USE OF OFFICE SPACE BY EXISTING LICENSEES.. Commencing October 1, 2000, and each October 1st thereafter, the rental rates for use of office space by existing Licensees shall be increased by $,50 per square foot until the rates equal the market rates as . set forth in "Subsection A(1)" hereinabove. $TMFNT1 . "SPECIAL MENTAL MT mQR FEE WAIVER. R .NT'AL RATE INCH (1) Rea tat Rate Adjustment. The rental rates set forth in "Subsection A" hereinabove may be adjusted to credit Licensees for expenses incurred for the provision of. capital -improvements to the Facility(s), subject to presE•••'-ation of valid documentation and subsequent appro.-1 by the City Manager or designee. (2) Modified Rental Rate or Waiver. The rental rates get forth ir: "Subsection A" hereinabove may be modified or waived by the City Commission upon user request and recommendation by the City Manager or designee. 3}° Rental Rate Increase. A11 Agreements shall contain a provision which allows for an annual increase in the rental rates set forth in "Subsection A" 'hereinabove, based upon increases in the Consumer Price Index for All Items, All Urban Consumers, Miami -Ft. Lauderdale, (Base Year 1982-84=100) . Page 3 of 4 25 THISDOCUMENTISASUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Section 3. The City Manager is hereby authorized" to execute Revocable License Agreements with affected organizations, pursuant to the provisions set forth in Section 2 hereinabove. Section 4, This Resolution shall become effective immediately upon its adoption and signature of the Mayor.' PASSED AND ADOPTED this 13th day of January 2000. ATTEST: WALTER CITY C APP ATTORNEY 40 0:RCLIIISS CORRECT OE CAROLLO, MAYOR _ he —herein authorisation 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 provision. If the Mayor does not sign this Resolution, it Oval become effective at the end of ten calendar days from the date it was passed and adaPted. If the mayor vetoes this Resolution, it shall become tiffctive immediately upon override of the veto by the City commission. .ft Page 4 of 4 City of Miami Legislation Resolution: R-08-0070 File Number: 08-00087 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com 0a7C() Final Action Date: 2/14/20 A RESOLUTION OF MIAMI CITY COMMISSION UPDATING USE FEES FOR USE OF OFFICE SPACE AT THE MANUEL ARTIME THEATER AND COMMUNITY CENTER, LOCATED AT 900 SOUTHWEST 1ST STREET AND 970 SOUTHWEST 1ST STREET, MIAMI, FLORIDA, RESPECTIVELY; AUTHORIZING THE CITY MANAGER TO EXECUTE REVOCABLE LICENSE AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH ORGANIZATIONS FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER TO AMEND THE EXISTING LICENSE AGREEMENTS TO MODIFY THE DATE FOR USE FEE ADJUSTMENTS TO TAKE PLACE IN OCTOBER OF EACH YEAR AND PROVIDE FOR A THREE PERCENT (3%) ANNUAL INCREASE. WHEREAS, the practice of charging fees for the use of office space at Manuel Artime Theater and Community Center, located at 900 and 970 Southwest 1st Street, Miami, Florida (collectively "Facility"), respectively, has been in effect for more than twenty years; and WHEREAS, the Department of Public Facilities recently conducted an analysis of market rental rates for similar type office buildings in the area and has determined it to be in the best interest of the City of Miami to renew and update the fees for use ("Use Fees") of office space at the Facility, which rates and other terms and conditions shall be formalized by the execution and issuance of a Revocable License Agreement ("Agreement"), in a form acceptable to the City Attorney; and WHEREAS, following a review of comparable market rates in the area, the Use Fees for the two Manuel Artime buildings were determined to be $15.00, and $13.50, per square foot, for the Facility; and WHEREAS, the new Use Fees of $15.00, and $13.50, per square foot will be discounted twenty-five percent (25%) for not -for -profit entities licensing space at the Facility; and WHEREAS, the new Use Fees will be applied only to incoming individuals or organizations and to any expanded space for existing Licensees; and WHEREAS, existing Licensees at the Facility will be grandfathered and continue to pay the rates under their respective Agreements for their existing space; and WHEREAS, Licensees, both existing and new, could benefit from simplified procedures for the timing and amount of annual Use Fee increases; 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 City of Miami Page 1 of 3 File Id: 08-00087 (Version: 1) Printed On: 2/13/2014 File Number: 08-00087 byreference and incorporated aeiffully set forth inthis Section. Enactmew Numbec�08-0om Section 2. The following Use Fens policy for the use of office space at the Fao|hx are updated aofollows: (A) REVOCABLE LICENSE AGREEMENT REQUIRED: USE FEES ESTABLISHED. All individuals or organizations licensing office space at the Facility shall enter into a Revocable License Agreement with the City of Miami Commencing from the date this Resolution is approved, all Agnaements, shall include charges of Use Fees for use of office space as (1) Offices inCommunity Center building (87OSouthwest 1st Street): (i) For -Profit Organizations: $15,OOper square foot (ii) Not -for -Profit Organizations: $15.00 per square foot, less twenty-five percent (25%) discount. (2) Offices inTheater building (900Gouthweot 1otStree¢ (i) FopPrnfitOrganizohons: 813.5Oper square foot (ii) Not -for -Profit Organizations: $1150 per square foot. less twenty-five percent (2596) discount. (3) Existing Licensees: Any individual or organization licensing office opono at the Facility at the time this Resolution in approved shall continue to pay the Use Fee arrangements of their existing License until such time their License in terminated or revoked. Any newly expanded space byexisting Licensees will incur the Use Fees set forth above. (B)USE FEE ADJUSTMENT; USE FEE INCREASE, (1) Use Fee Adjustment: The Use Fee set forth in Subsection ^A^ hereinabove may be adjusted to credit Licensees for expenses incurred for the provision of oaphe| improvements to the Faoi|ity, subject to presentation of valid documentation and approval by the City Manager or his demignee, in his sole discretion. (2) Use Fee Increase 'Timing: Commencing October 1. 2008. and each October 1 thereafter, Use Fees provided in Subsection ''A^ above shall be increased by three percent (396)� All future Agreements nhoU provide for said increase in the Use Fees and Agreements commencing use in future years shall pay a Use Fee reflecting the accumulated annual increases set forth inthis section, (3) Application ofOctober 1 Fee Increases hnExisting Licensee: Fees ofexisting Licensees whose annual fee increase date falls after January 1, 2008, (but before October 1, 2008) shall not beincreased until October 1st'%OUD. OnOctober i.2OO8.they shall then pay onincrease equal hzthe three percent (3Y4). Thereafter, said organizations shall pay the 396increase every October 1 asper item two (2)ofthis Section above. This section does not immediately apply toexisting Licensees whose increases are set Vo $.50. per year, until their square footage rate reaches $6.00, per square foot. Section 3. The City Manager isouthohzed(1}Uoexecute Agreements, inaform acceptable to the City Attorney, pursuant to the provisions set forth in Section 2 hereinabove and to execute any amendments to existing Licensees to implement Section 3 hereinabove, THIS DOCUMENT |SASUBSTITUTION TOORIGINAL. BACKUP ORIGINAL CAN BESEEN ATTHE END OFTHIS DOCUMENT. City of Miand Page 2 of 3 THIS DOCUMENT |S8SUBSTITUTION TDORIGINAL. BACKUP ORIGINAL CAN RESEEN ATTHE END OFTHIS File Number: 08-00087 DOCUMENT. cnacmen/Number. m8-00m Section 4. This Resolution shall become effective immediately upon its adoption and signature of the MayorJ2) (1} The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attomey, including but not limited to those prescribed by applicable City Charter and Code provisions. 12} If the Mayor does not sign this Reso|udnn, it shall become effective at the end of ban calendar days from the doVa it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override ofthe veto bythe City Commission, Cily of Miami Page 3 of 3 File 1&vx- 00087(mmion 0Printed On: zv312o/v SUBSTITUTED J-00-44 /13/00 RESOLUTION NO. • A RESOLUTION OF.THE M/AMI CITY COMMISSION ESTAELISHING POLICY AND SETTING RENTAL RATES FOR USE OP OFFICE SPACE AT THE MANUEL ARTIME THEATER AND COMMUNITY CENTER, LOCATED AT 900 SOUTHWEST 1 STREET AND 970 SOUTHWEST 117 TREET,,MIAM/, FLORIDA, RESPECTIVELY; FURTHER RrZING THE CITY MANAGER TO EXECUTE LE LICENSE AGREEMENTS, IN A FORM AC LE TO THE CITY ATTORNEY, WITH AFPEC DORANIZATIOMS FOR SAID'PURPOSE. WHEREAS, the tice of charging rental tees for use of office space at Manuel rtirne Theater and Community Center (the 'Tacility(s)"), located t 900 Southwest 1ZC Street and 910'Southwest 1' Street, , Florida, respectively, has been in effectfor more than fourtee ears; and WHEREAS, the City of Miami is idizing the Facility(s) in the amount of approximately $250,0 0 year; and WHEREAS, the Office of Asset riagement conducted an analysis.of market rental rates for similar e office buildings in the area/ and WHEREAS, the City Commission has revie the analysis prepared by the Office of Asset,Management and has iried it to be in the bet interest of the City to establish cyand set forth rental rates .for use of office apace at the Facility(s) which rates and other terms and conditions sha be 1143W39VNVI4 .13$SV S3111-113Vd Orancl JO .1d30 tit! Wd Li9O. JAN Cl3A1.303 SUBSTITUTED formalized by 'the execution and isauance of a Revocable License meht, in a form acceptable to the City Attorney; • OF OW: EREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY ORIDA: Sebt Therecitals and findinga contained in the Preamble to -t Resolution are hereby adopted by reference thereto and in ted herein as if fully set forth in this Sectionl Setion,2. The fol1owin6 policy is hereby established and rental rates hereby for use of office space at the Manuel Amtime theater and Communit Center (the "Facility(s)"), located at 900 Southwest Street art .970 Southwest I Street, Miami, Florida; respectively: (A) / SHED. A.0 individu ce space at the Facility(a) -h enter into a Revocable License Agreement with e City of Miami. . Rental rates for use of office spae shall be determined as follows: (1) RENTAL RATES FOR USE OF OFFICE BY NEW LICENSEES; RENTAL RATES FOR USE 0 ADDITIONAI SPACE BY EXISTING LICENSEES: (a) Community Center: 976'Southwelst 1 reet (i) For -Profit Organizations: $6,50 per square foot* (ii) Not -Profit Organizations: $8.50 per square foot*, less twenty-five percent (251) discount Page 2 of,4 SUBSTITUTED (b) Theater: (i) For 900 Southwest 1" Street tofit Organizations: $7.75 per square foot* (ii) Not -for -Profit organizations: $7.75 per square foot*, less twenty-five percent (25W) discount Square footage mhall include a common area factor of sixteen percent 1160. (2) RENTAL LICENSEE . Comment thereafterf'th existing Licen square foot unt set forth in "S FOR USE OF OFFICE SPACE BY EXISTING October 1, 2000, and each October lot ental rates for use of office space by es shall be increased by $.50 per the rates equal the market rates as . Lon A(1)N hereinabove. (1) Rental Rate Adjustment. he "Subsection A's hereinabov Licensees for expenses i capital -improvements to the presc—ation of valid docu appro--1 by the City Manager rental rates set forth in y be adjusted to credit ed for the provieion of. ility(s), subject to tion and subsequent ignee. (2) Modified Rental Rate or Waiver. T forth ir; "Subsection A" hereinabove waived by the City Commission upon recommendation by the City Manager or rental rates set be modified or er request and ee. (3)* Rental Rate Increase. All Agreenenta sha provision which allows for an annual inc rental rates set forth in 'ISubsection A" based upon increases in the Consumer Pric A11 Items, A11 Urban Consumers, Pgm-Ft. L (3aae Year 1982-84=100). contain a e in the above, dex for cia1e, • Page 3 of 4 SUBSTITUTED pu Section 3. The City Manager is hereby authorized'' to ecute Revocable License Agreements with affected organizations, uant to the provisions set forth in Section 2 hereinabove. ection 4. This Resolution shall become effective immedf.a• =ly upon its adoption and signature of the Mayor.=' PASSED D ADOPTED this 13th day of January .r, 2000. ATTEST C A 0 4060 : RCL ESS JOE CAROLLO, MAYOR- .- • The ---herein authorization ie further subject to complia a with all requirements that may be imposed by the City Attorney, Inc . ng but Doc limited to those prescribed by applicable City Charter and Code provisions, If the Mayor dose not sign this Resolution, it shall become effec the end of ton calendar days from the dots it was passed and a If the Mayor vetoes this Resolution, it shall become offer immediately upon override of the veto by the City Commission. Page 4 of 4 Vf at d. ive SUBSTITUTED City of Miami Legislation Resolution: R-08-0700 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com 08-01458 Final Action Date:12/11/2008 A R. OLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACC 'TING A PAYMENT TO THE CITY OF MIAMI, IN THE AMOUNT OF $500,000, IN SE EMENT OF THE CLAIMS AND DEMANDS FOR THE CASE OF CITY OF MIAMI V , :AYSIDE CENTER LIMITED PARTNERSHIP, AN AFFILIATE OF GENERAL ' OWTH PROPERTIES, INC., AMERICAN ARBITRATION ASSOCIATIO CASE NO, 32 115 Y 00687, PURSUANT TO THE TERMS OF A SETTLEMENT REEMENT; DIRECTING THE CITY MANAGER TO EXECUTE THE SETTLEME ' AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ALL NECESS -Y DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO EFF .- TUATE THE SETTLEMENT. WHEREAS, in 1985, Bayside Cen Bayside Marketplace with the City of (collectively "the Leases"), wherein Bays operate a garage and retail mall; and ited Partnership entered into two contracts for the "City), specifically a Garage Lease and a Retail Lease Center Limited Partnership was to develop, construct and WHEREAS, upon completion of the garage Partnership, pursuant to language included in the the City; and d retail mall in 1987, Bayside Center Limited ases, calculated and paid rent due and owing to WHEREAS, an audit was conducted by Victor I. Igw; CPA, CIA, Independent Auditor General, Office of the Auditor General, City of Miami, for the Bays i• , Center Limited Partnership (Bayside Marketplace) for the period January 1, 1998 through Decer 31, 2000; and WHEREAS, the Auditor General concluded that Bayside Ce -r Limited Partnership had underpaid the City the percentage rents due under the Garage Le- .e; and WHEREAS, the City on August 29, 2007, filed a demand for arbitr- 'on against Bayside Center Limited Partnership alleging, inter alia, claims for underpaid percentage t in the arbitration case captioned City of Miami vs. Bayside Center Limited Partnership, American bitration Association Case No, 32 115 Y 00687 ("the Arbitration); and WHEREAS, Bayside Center Limited Partnership, pursuant to a merger invol ig General Growth Properties, Inc., became Bayside Marketplace, LLC after the merger; and WHEREAS, Bayside Marketplace, LLC ("Bayside") and the City, pursuant to a me • -tion conference held on October 7 and 8, 2008 between the parties to the Arbitration, wish to ettle all claims in the Arbitration; and WHEREAS, payment in the amount of $500,000 to the City, in settlement of all claims in th Arbitration, pursuant to the terms more fully set forth in the attached Settlement Agreement, has -en City of Miami Page 'of 2 File It 08-01458 (Version: 2) Printed On: 1/31/2 SUBSTITUTED le Number: 08-01458 Enactment Number: R-08-0700 aluated and negotiated by the City Attorney, the Chief Financial Officer, the Acting Director of P ic Facilities, the Lease Manager and the Independent Auditor General and is recommended for app ,val by the City Attorney; NO THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA. Section 1 e recitals and findings contained in the Preamble to this Resolution are adopted by reference andi orporated as if fully set forth in this Section. Section 2. Pay nt to the City, in the amount of Five Hundred Thousand Dollars ($500,000), in full settlement of the ims and demands for the case of City of Miami vs. Bayside Center Limited Partnership, American 1.1ration Association Case No. 32 115 Y 00687, pursuant to the terms of the Settlement Agreement, in ubstantially the attached form, is accepted. Section 3. The City Mana r is authorized{1} to execute the Settlement Agreement, in substantially the attached form, -nd all necessary documents, in a form acceptable to the City Attorney, to effectuate the Settle nt. Section 4. This Resolution shall b.. o e effective immediately upon its adoption and signature of the Mayor.{2} Footnotes: {1} The herein authorization is further subject to mpliance with all requirements that may be imposed by the City Attorney, including but not lim d to those prescribed by applicable City Charter and Code provisions. {2} If the Mayor does not sign this Resolution, it shall b come effective at the end of ten calendar days from the date it was passed and adopted. If the or vetoes this Resolution, it shall become effective immediately upon override of the veto b he City Commission. City of Miami Page 2 of 2 File Id: 08-01458 (Version: 2) Printed On: la I/20 4