HomeMy WebLinkAboutR-16-0484City of Miami
Resolution R-16-0484
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 1038 Final Action Date: 10/13/2016
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING AN
INTERLOCAL LEASE AGREEMENT BETWEEN THE CITY OF MIAMI AND
MIAMI-DADE COUNTY FOR THE PROVISION OF A PERMANENT PUBLIC
RESTROOM LOCATED AT THE NORTHEAST CORNER OF THE
INTERSECTION OF THE METRORAIL/METROMOVER SYSTEM AND WEST
FLAGLER STREET, FOR AN INITIAL FIVE (5) YEAR TERM, PLUS ONE (1)
ADDITIONAL FIVE (5) YEAR OPTION TO RENEW; AUTHORIZING THE CITY
MANAGER TO EXECUTE THE AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, AND TO EXERCISE ANY AND ALL CANCELLATION,
TERMINATION, RENEWAL, AND ALL OTHER RIGHTS CONFERRED
THEREIN.
SPONSOR(S): Tomas Regalado
WHEREAS, the Downtown Miami area is continuing to grow and develop, and
more people are moving into and visiting Downtown; and
WHEREAS, there is a lack of public restrooms in Downtown Miami available to
those visiting, working, and living in Downtown Miami; and
WHEREAS, this scarcity of public restrooms has created a public health concern;
and
WHEREAS, to date, this public health concern has been addressed, in part, by the
use of portable restrooms during large scale events, but there is still a critical need for a
more permanent solution; and
WHEREAS, the City of Miami ("City") and the Miami Downtown Development
Authority ("DDA") have agreed to jointly address the problem by creating a plan to install a
permanent restroom in Downtown Miami for the public; and
WHEREAS, the restroom will be located at the northeast corner of the intersection
of the Metrorail/Metromover system and West Flagler Street, approximately sixty (60) feet
west of Southwest 1st Avenue ("Property"); and
WHEREAS, the restroom will be staffed at all times by a member of the DDA's
Downtown Enhancement Team, which includes formerly homeless individuals who now
work to ensure the streets of Downtown Miami are clean; and
WHEREAS, Section 125.38, Florida Statutes, allows Miami -Dade County
("County") to convey properties by sale or lease to other governmental entities and not for
profit corporations, provided that such properties will be utilized to promote community
interest and welfare; and
City of Miami Page 1 of 2 File ID: 1038 (Revision:) Printed On: 3/17/2025
File ID: 1038 Enactment Number: R-16-0484
WHEREAS, the City and the County desire to enter into an Interlocal Lease
Agreement ("Agreement"), in substantially the attached form, providing that the County
shall lease to the City the certain portion of the Property, and which the City will fund the
fixed cost and execute the installation of the restroom, pursuant to the terms and
conditions in the Agreement; and
WHEREAS, the Agreement is for an initial period of five (5) years beginning
retroactively on August 1, 2016 and the City, at its sole and exclusive option, may extend
the term of this Agreement for one (1) additional period of five (5) years, for a total term
that shall not exceed ten (10) years, with the same terms and conditions as set forth in the
Agreement;
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' to execute an Agreement, in
substantially the attached form, with the County, for the installation and operation of a
public restroom located at the property, for the benefit of the public in the Downtown area
and to further address the health concerns resulting from a lack of public restrooms in that
area.
Section 3. The Agreement shall commence upon the execution of the Agreement,
and shall continue for a period of five (5) years, with one (1) five (5) year option to renew,
pursuant to the terms and conditions set forth in the Agreement.
Section 4. It is further provided that either party shall have the right to terminate
said Agreement at any time upon providing no less than one hundred twenty (120) days
prior notification of termination in writing.
Section 5. This Resolution shall become effective immediately upon its adoption
and signature by the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
ndez, ity Attor
ey 10/3/2016
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: 1038 (Revision:) Printed on: 3/17/2025