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HomeMy WebLinkAboutR-20-0144City of Miami Resolution R-20-0144 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 7394 Final Action Date: 5/14/2020 A RESOLUTION OF THE CITY OF MIAMI COMMISSION, WITH ATTACHMENT(S), PURSUANT TO SECTION 29-B(F) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT ("AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI, A MUNICIPAL CORPORATION OF THE STATE OF FLORIDA ("CITY"), AND RIVERCOW, LLC, A FLORIDA LIMITED LIABILITY COMPANY ("LESSEE"), FOR THE USE AND OCCUPANCY OF A CERTAIN PORTION OF CITY -OWNED PROPERTY LOCATED AT 8034 NORTHEAST 2ND AVENUE, MIAMI, FLORIDA ("PREMISES") IN EXCHANGE FOR AN ANNUAL RENT IN THE AMOUNT OF NINETEEN THOUSAND TWO HUNDRED DOLLARS AND NO/100 ($19,200.00) WITH OTHER TERMS AND CONDITIONS AS DESCRIBED IN THE AGREEMENT. WHEREAS, the City of Miami ("City") owns the property located at 8034 Northeast 2 Avenue, Miami, Florida ("Property"); and WHEREAS, Rivercow, LLC, a Florida limited liability company ("Lessee"), wishes to use and occupy a portion of the Property ("Premises") as a public park, as well as for the enjoyment of the general public and the tenants, employees, and invitees of the Lessee ("Permitted Uses"); and WHEREAS, the initial lease term is for a period of thirty (30) years with two (2) additional ten (10) year options to renew ("Renewal Terms"); and WHEREAS, the Lessee will pay the City nineteen thousand two hundred dollars ($19,200.00) per year for its use of the Premises ("Minimum Base Rent") with a three percent (3%) annual increase; and WHEREAS, Section 29-B(f) of the Charter of the City of Miami, Florida, as amended ("City Charter"), allows the City Commission to lease City property without the requirements of competitive bidding when disposing of "non -waterfront property to the owner of an adjacent property when the subject property is 7,500 square feet or less or the subject property is non - buildable"; and WHEREAS, the Premises and the Lessee meet the requirements as outlined in Section 29-B(f) of the City Charter; and WHEREAS, the City has determined that the Minimum Base Rent in the lease constitutes fair market value based on two (2) state -certified general appraisers; and City of Miami Page 1 of 2 File ID: 7394 (Revision:) Printed On: 5/2/2025 File ID: 7394 Enactment Number: R-20-0144 WHEREAS, the Lessee will make improvements to the Premises as described in further detail in Exhibit "B" of the lease, such improvements being a benefit to the residents of the City; 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. Pursuant to Section 29-B(f) of the City Charter, the City Manager is authorized' to execute a lease agreement ("Agreement"), in a form acceptable to the City Attorney, between the City and the Lessee for the Permitted Uses on the Premises with an initial annual Minimum Base Rent in the amount of nineteen thousand two hundred dollars and No/100 ($19,200.00) per year, with percentage escalators thereto, and other terms and conditions as described in the Agreement. Section 3. This Resolution shall become effective immediately upon adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: -- end" ez, City ttor 1 The herein authorization is further subject to compliance with all legal requirements that may be imposed, 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 2 File ID: 7394 (Revision:) Printed on: 5/2/2025