HomeMy WebLinkAboutR-15-0507City of Miami
Legislation
Resolution: R-15-0507
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 15-01397 Final Action Date: 11/19/2015
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY AND BOND COUNSEL, AN EXTENSION
AGREEMENT ("AGREEMENT") TO THE LEASE BETWEEN THE CITY OF MIAMI
("CITY") AND THE OVERTOWN YOUTH CENTER, INC., A FLORIDA NOT FOR
PROFIT CORPORATION ("OVERTOWN YOUTH CENTER"), DATED ON OR
ABOUT FEBRUARY 25TH, 2001 ("LEASE") IN COMPLIANCE WITH INTERNAL
REVENUE SERVICE SAFE HARBOR RULES AND PURSUANT TO AN
EXEMPTION GRANTED UNDER SECTION 29-B OF THE CHARTER OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED, FOR THE LEASING OF APPROXIMATELY
FIFTY SEVEN THOUSAND THREE HUNDRED SIXTEEN (57,316) SQUARE FEET
OF THE CITY'S PROPERTY LOCATED AT GIBSON PARK, 380 NORTHWEST 14TH
STREET, MIAMI, FLORIDA, FOR THE NON-EXCLUSIVE PROVISION OF PUBLIC
EDUCATIONAL AND RECREATIONAL OPPORTUNITIES, AT NO COST, TO THE
INNER CITY YOUTH AND THEIR FAMILIES RESIDING IN THE OVERTOWN AREA,
WITH SAID AGREEMENT PROVIDING FOR AN EXTENSION OF FIVE (5)
ADDITIONAL YEARS ABOVE AND BEYOND THE THREE (3) REMAINING FIVE (5)
YEAR OPTIONS TO EXTEND OF THE LEASE FORATOTAL REMAINING TERM
OF TWENTY (20) YEARS.
WHEREAS, the City of Miami ("City") and the Overtown Youth Center, Inc., ("Overtown Youth
Center"), a Florida not for profit corporation, entered into a lease dated February 25th, 2001 ("Lease")
for use of approximately fifty seven thousand three hundred sixteen (57,316) square feet of the City's
property located at Gibson Park, 380 Northwest 14th Street, Miami, Florida for the non-exclusive
provision of public educational and recreational opportunities, at no cost, to the inner City youth and
their families residing in the Overtown area; and
WHEREAS, said Lease was executed pursuant to an exemption granted under Section 29-B of
the Charter of the City of Miami, Florida, as amended ("City Charter"), from the competitive bidding
process established for a disposition implementing projects authorized under the Florida Community
Redevelopment Act of 1969 as provided by Part III, Chapter 163, Florida Statutes, as amended; and
WHEREAS, the Lease had an initial term of five (5) years with five (5) additional five (5) year
options to extend; and
WHEREAS, the initial term of the Lease was from February 28th, 2001 through February 28th,
2006 at which time the options to extend commenced with three (3) remaining five (5) year options to
extend for a fifteen (15) year duration currently available, provided that there is no default with any of
the Lease provisions; and
WHEREAS, the City desires to provide an extension of five (5) additional years above and
beyond the remaining fifteen (15) year duration of the Lease for a total remaining term of twenty (20)
City of Miami
Page 1 of 2 File Id: 15-01397 (Version: 11 Printed On: 4/9/2018
File Number: 15-01397 Enactment Number: R-15-0507
years commencing on the possession date and expiring on February 28, 2036, unless sooner
terminated in accordance with the Lease; and
WHEREAS, the City Manager seeks Commission authorization to negotiate and execute, in a
form acceptable to the City Attorney and Bond Counsel, an Extension Agreement ("Agreement") to
the current Lease in compliance with Internal Revenue Service Safe Harbor Rules, for the extension
by the five (5) additional years for the total remaining term of twenty (20) years;
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 negotiate and execute, in a form acceptable to
the City Attorney and Bond Counsel, an Agreement to the Lease in compliance with Internal Revenue
Service Safe Harbor Rules and pursuant to an exemption granted under Section 29-B of the City
Charter for the leasing of approximately fifty seven thousand three hundred sixteen (57,316) square
feet of the City's property located at Gibson Park, 380 Northwest 14th Street, Miami, Florida for the
non-exclusive provision of public educational and recreational opportunities, at no cost, to the inner
city youth and their families residing in the Overtown area, with said Agreement providing for an
extension of five (5) additional years above and beyond the three (3) remaining five (5) year options
to extend of the Lease for a total remaining term of twenty (20) years.
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 (10) 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: 15-01397 (Version: 11 Printed On: 4/9/2018