HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #6800
Date: 11/05/2019
Commission Meeting Date: 11/21/2019
Requesting Department: Department of Real
Estate and Asset Management
Sponsored By:
District Impacted: District 5
Type: Resolution
Subject: Amend Lease Agreement - Overtown Youth Center, Inc.
Purpose of Item:
A Resolution of the Miami City Commission authorizing the City Manager to negotiate
and execute, in a form acceptable to the City Attorney and Bond Counsel, an
Amendment to the existing Lease in compliance with Internal Revenue Service Safe
Harbor Rules and pursuant to an exemption granted under City Charter Section 29-B,
as amended, for the expansion of the Overtown Youth Center's leasehold by fifteen
thousand five hundred fifty one (15,551) 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 Amendment providing for an
extension of nine (9) years above and beyond the remaining term of the Lease.
Background of Item:
The City of Miami ("City" or "Lessor") and Overtown Youth Center, Inc. ("Overtown
Youth Center" or "Lessee"), a Florida not -for -profit corporation, entered into a Lease
Agreement dated February 28, 2001, ("Lease") for the 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 ("Subject Property"), 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. Said Lease was
executed in compliance with Internal Revenue Service Safe Harbor Rules and pursuant
to Section 29-B of the Charter of the City of Miami, Florida, as amended, ("City
Charter"), granting an exemption from the competitive bidding process established for a
disposition to implement projects authorized under the Florida Community
Redevelopment Act of 1969 as provided by Part III, Chapter 163, Florida Statutes, as
amended.
Lessor and Lessee previously entered into amendments to the Agreement dated June
6, 2016 ("Amendment No. 1") and January 9, 2019 ("Amendment No. 2"), which
collectively extended the term of the Agreement through February 28, 2066 and allowed
for improvements to be done to the Property. Lessor and Lessee desire to further
amend the Agreement to enable Lessee to make substantial capital improvements in an
amount no less than twelve million dollars ($12,000,000) to the Subject Property, which
will result in the demolition of the existing structure on the Subject Property, and the
design, permitting, construction and operation of a new approximately 41,000 square -
foot, four-story academic, enrichment, and administration building on the Subject
Property ("New Facility"), all according to the terms more particularly set forth in this
Amendment. Lessee shall raise the funds necessary for the demolition and construction
of a New Facility and requires an extension of the Lease by an additional nine (9) years,
as well as an increase the square footage of the Subject Property by approximately
fifteen thousand five hundred fifty one (15,551) square feet in order to obtain the
required funding. Any failure to accomplish any of the conditions listed herein or in the
Amendment, shall immediately render this Amendment null and void.
Budget Impact Analysis
Item has NOT an Expenditure
Item is NOT Related to Revenue
Item is NOT funded by Bonds
Total Fiscal Impact:
Reviewed B
Real Estate and Asset Management Aldo Bustamante
Office of Management and Budget Pedro Lacret
Office of Management and Budget Christopher M Rose
Department of Risk Management Ann -Marie Sharpe
City Manager's Office Fernando Casamayor
Legislative Division Valentin J Alvarez
City Manager's Office Nikolas Pascual
Department of Fire -Rescue Daniel Diaz
Office of the City Attorney Barnaby L. Min
City Commission Maricarmen Lopez
Office of the Mayor Mayor's Office
Office of the City Clerk City Clerk's Office
Legislative Division Valentin J Alvarez
Office of the City Attorney Xavier Alban
Office of the City Attorney Barnaby L. Min
Office of the City Attorney Victoria Mendez
Office of the City Clerk City Clerk's Office
Department Head Review
Budget Analyst Review
Budget Review
Risk Review
Assistant City Manager Review
Legislative Division Review
City Manager Review
ACA Review
Deputy City Attorney Review
Meeting
Unsigned by the Mayor
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Signed and Attested by the City Clerk Completed
Legislative Division Review Completed
ACA Review Completed
Deputy Attorney Review Completed
Approved Form and Correctness with Modification(s)
Rendered Completed
11/05/2019 2:25 PM
11/06/2019 1:31 PM
11/06/2019 3:31 PM
11/06/2019 5:15 PM
11/07/2019 7:06 AM
11/07/2019 11:10 AM
11/07/2019 11:18 AM
11/12/2019 2:49 PM
11/12/2019 5:03 PM
11/21/2019 9:00 AM
12/03/2019 5:33 PM
12/03/2019 5:38 PM
12/23/2019 1:45 PM
12/23/2019 2:09 PM
12/23/2019 3:22 PM
Completed
01/07/2020 9:01 AM
City of Miami
Legislation
Resolution
Enactment Number: R-19-0441
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 6800 Final Action Date:11/21/2019
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY AND BOND COUNSEL, AN AMENDMENT TO THE EXISTING
LEASE AGREEMENT BETWEEN THE CITY OF MIAMI ("CITY") AND THE
OVERTOWN YOUTH CENTER, INC., A FLORIDA NOT FOR PROFIT CORPORATION
("OVERTOWN YOUTH CENTER"), DATED FEBRUARY 28, 2001 ("LEASE") IN
COMPLIANCE WITH INTERNAL REVENUE SERVICE SAFE HARBOR RULES AND
PURSUANT TO SECTION 29-B OF THE CHARTER OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED; EXTENDING THE LEASE BY AN ADDITIONAL NINE (9)
YEARS AND ADDING APPROXIMATELY FIFTEEN THOUSAND FIVE HUNDRED
FIFTY ONE (15,551) SQUARE FEET OF THE OVERTOWN YOUTH CENTER'S
CURRENT LEASEHOLD AT THE CITY -OWNED PROPERTY LOCATED AT 450
NORTHWEST 14TH STREET, MIAMI, FLORIDA, MORE COMMONLY KNOWN AS
GIBSON PARK, FOR THE CONTINUED AND EXPANDED USE OF THE FACILITIES
FOR THE NON-EXCLUSIVE PROVISION OF PUBLIC EDUCATIONAL AND
RECREATIONAL OPPORTUNITIES, EXCLUDING THE USE OF THE PROPERTY
FOR CHARTER OR PRIVATE SCHOOL PURPOSES, AT NO COST, TO THE INNER
CITY YOUTH AND THEIR FAMILIES RESIDING IN THE OVERTOWN AREA;
FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE
ANY AND ALL FURTHER DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE
CITY ATTORNEY AND BOND COUNSEL, TO EFFECTUATE SAME.
WHEREAS, the City of Miami ("City") and the Overtown Youth Center, Inc., a Florida not
for profit corporation ("Overtown Youth Center"), entered into a Lease Agreement dated
February 28, 2001 ("Lease") for the 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 ("Subject Property") for the non-exclusive provision of public educational
and recreational opportunities, excluding the use of the property for Charter or Private School
purposes, at no cost, to the inner City youth and their families residing in the Overtown area;
and
WHEREAS, said Lease was executed in compliance with Internal Revenue Service Safe
Harbor Rules and pursuant to Section 29-B of the Charter of the City of Miami, Florida, as
amended ("City Charter"), granting an exemption from the competitive bidding process
established for disposition of property to implement projects authorized under the Florida
Community Redevelopment Act of 1969 as provided by Part III, Chapter 163, Florida Statutes,
as amended; and
WHEREAS, the City and Overtown Youth Center (collectively, "Parties") previously
entered into amendments to the Agreement dated June 6, 2016 ("Amendment No. 1") and
January 9, 2019 ("Amendment No. 2"), which collectively extended the term of the Agreement
through February 28, 2066; and
WHEREAS, the Parties desire to further amend the Agreement to enable Overtown
Youth Center to make substantial capital improvements to the Subject Property, which will result
in the demolition of the existing structure on the Subject Property and the design, permitting,
construction, and operation of a new approximately sixty two thousand six hundred twenty
(62,620) square -foot, three-story academic, enrichment, and administration building on the
Subject Property ("New Facility"), all according to the terms as more particularly set forth in this
Amendment; and
WHEREAS, the Overtown Youth Center shall raise the funds necessary for the
demolition and construction of the New Facility and requires an extension of the Lease by an
additional nine (9) years and an increase in the square footage of the Subject Property by
approximately fifteen thousand five hundred fifty one (15,551) square feet in order to obtain the
required funding; and
WHEREAS, failure to accomplish any of the conditions listed herein or in the
Amendment shall immediately render the Amendment null and void;
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.
Section 2. The City Manager is authorized' to negotiate and execute, in a form
acceptable to the City Attorney and Bond Counsel, the Amendment to the existing Lease in
compliance with Internal Revenue Service Safe Harbor Rules and pursuant to Section 29-B of
the City Charter for the expansion of the Overtown Youth Center's leasehold by fifteen thousand
five hundred fifty one (15,551) 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, excluding the use of the property for Charter or Private School
purposes, at no cost, to the inner City youth and their families residing in the Overtown area with
said Amendment providing for an extension of nine (9) years above and beyond the remaining
term of the Lease.
Section 3. The City Manager is further authorized' to negotiate and execute any and all
further documents, all in forms acceptable to the City Attorney and Bond Counsel, to effectuate
same.
Section 4. This Resolution shall become effective immediately upon adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
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 (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.