HomeMy WebLinkAboutR-19-0441City of Miami
Resolution R-19-0441
Legislation
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
City of Miami Page 1 of 3 File ID: 6800 (Revision: A) Printed On: 4/28/2025
File ID: 6800 Enactment Number: R-19-0441
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 authorized1 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
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.
City of Miami Page 2 of 3 File ID: 6800 (Revision: A) Printed on: 4/28/2025
File ID: 6800 Enactment Number: R-19-0441
APPROVED AS TO FORM AND CORRECTNESS:
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City of Miami Page 3 of 3 File ID: 6800 (Revision: A) Printed on: 4/28/2025