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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #2275 Date: 05/04/2017 Commission Meeting Date: 07/13/2017 Requesting Department: Department of Real Estate and Asset Management Sponsored By: District Impacted: District 3 Type: Resolution Subject: Lease Agreement - NW 12 Ave Bridge Purpose of Item: A Resolution of the Miami City Commission, with attachment(s), authorizing the City Manager to execute a Lease Agreement ("Agreement"), in substantially the attached form, between the State of Florida Department of Transportation ("FDOT") and the City of Miami ("City") for premises located underneath Northwest 12th Avenue Bridge, as more particularly described in Exhibit "A" of the Agreement ("Property"), with terms and conditions more particularly described in said Agreement, which terms may be amended by the City Manager and approved by the City Attorney, as may be necessary in order to meet the best interest of the City. Background of Item: The FDOT is the owner of the Property, also known as Parcel 4454, located underneath NW 12th Avenue Bridge. The City leased the Property from FDOT to be used by the City Fire Rescue Department for equipment storage and emergency vehicles parking purposes. FDOT and the City agreed to a term of ten (10) years and an additional ten (10) year option to renew. FDOT approved the City to enter into a sublease agreement with a third party for the use of the Property for parking purposes. It is the mutual desire of the parties to enter into a new lease agreement for the purposes set forth in the Agreement, subject to and upon the express terms and conditions contained therein. Budget Impact Analysis Item is NOT funded by Bonds Item has NOT an Expenditure Item is NOT Related to Revenue Total Fiscal Impact: N/A Reviewed B Real Estate and Asset Management Aldo Bustamante Department Head Review Completed 05/04/2017 12:22 PM Office of Management and Budget Everton Garvis Budget Analyst Review Completed 05/05/2017 11:10 AM Office of Management and Budget Christopher M Rose Budget Review Completed 05/09/2017 2:45 PM City Manager's Office Alberto N. Parjus Assistant City Manager Review Completed 05/10/2017 7:08 AM City Manager's Office Daniel J. Alfonso City Manager Review Completed 05/10/2017 6:18 PM Legislative Division Valentin J Alvarez Legislative Division Review Completed 05/25/2017 6:52 PM Office of the City Attorney Barnaby L. Min Deputy City Attorney Review Completed 05/25/2017 7:16 PM Office of the City Attorney Victoria Mendez Approved Form and Correctness Completed 07/03/2017 8:26 PM City Commission Nicole Ewan Meeting Completed 07/13/2017 9:00 AM Office of the Mayor Mayor's Office Signed by the Mayor Completed 07/21/2017 5:13 PM Office of the City Clerk City Clerk's Office Signed and Attested by the City Clerk Completed 07/21/2017 5:47 PM Legislative Division Valentin J Alvarez Legislative Division Review Completed 10/20/2017 3:19 PM Office of the City Attorney Barnaby L. Min Deputy Attorney Review Completed 10/24/2017 2:11 PM Office of the City Attorney Victoria Mendez Approved Form and Correctness with Modification(s) Completed City of Miami Legislation Resolution Enactment Number: R-17-0331 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 2275 Final Action Date:7/13/2017 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A NEW LEASE AGREEMENT ("NEW LEASE"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT") FOR THE PREMISES LOCATED UNDERNEATH THE NORTHWEST 12TH AVENUE BRIDGE, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" OF THE NEW LEASE ("PROPERTY"), FOR A TERM OF TEN (10) YEARS WITH AN OPTION TO RENEW FOR AN ADDITIONAL TEN (10) YEARS; AND PROVIDING FDOT'S APPROVAL FOR THE CITY OF MIAMI'S ("CITY") SUBLEASE AGREEMENT ("SUBLEASE") OF THE PROPERTY TO NKMIA, LLC, A DELAWARE LIMITED LIABILITY COMPANY, FOR USE OF THE PROPERTY FOR PARKING PURPOSES, WHICH TERMS MAY BE MODIFIED BY THE CITY MANAGER, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO MEET THE BEST INTEREST OF THE CITY. WHEREAS, the State of Florida Department of Transportation ("FDOT") is the owner of the property located underneath Northwest 12th Avenue Bridge, also known as Parcel 4454 ("Property"); and WHEREAS, pursuant to Resolution No. 10-0322, adopted on July 22, 2010, the City of Miami ("City") entered into a Lease Agreement ("Lease") with FDOT for use of the Property by the City's Fire -Rescue Department ("Department") for equipment storage and emergency vehicle parking purposes; and WHEREAS, FDOT and the City desire to enter into a new lease ("New Lease") of the Property for a term of ten (10) years with an option to renew for an additional ten (10) years and providing FDOT's approval of the City's sublease agreement ("Sublease") of the Property to NKMIA, LLC, a Delaware Limited Liability Company ("NKMIA"), for use of the Property for parking purposes for the two (2) buildings that will house NKMIA's corporate headquarters, a manufacturing facility, and a fashion school; and WHEREAS, the City's Sublease with NKMIA encompasses the whole of the Property and includes retention of a certain number of parking spaces for use by the Department; 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 a New Lease, in substantially the attached form, between FDOT and the City for the Property, as more particularly described in Exhibit "A" of the New Lease, with terms and conditions more particularly described in the Agreement, for a term of ten (10) years with an option to renew for an additional ten (10) years, and providing FDOT's approval for the City's Sublease of the Property to NKMIA for use of the Property for parking purposes, which terms may be modified by the City Manager, in a form acceptable to the City Attorney, as may be necessary to meet the best interest of the City. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: ndez, Ginty Attor ey 713/2017 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 City 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.