HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #7611
Date: 07/02/2020
Commission Meeting Date: 03/25/2021
Requesting Department: Department of Real
Estate and Asset Management
Sponsored By:
District Impacted: District 2
Type: Resolution
Subject: Bid Waiver - Dade Heritage Trust, Inc.
Purpose of Item:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -
FIFTHS (4/STHS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING,
RATIFYING, CONFIRMING, AND APPROVING THE CITY MANAGER'S RECOMMENDATION
AND WRITTEN FINDING, ATTACHED AND INCORPORATED AS EXHIBIT "A," PURSUANT
TO SECTION 29-B SUBSECTION (C) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED ("CHARTER"); WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED
BIDDING PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, AS
AMENDED ("CITY CODE") BASED UPON RESOLUTIONS R-16-0347 AND R-16-0348,
ADOPTED JULY 29, 2016, AND SUBSEQUENT SPECIAL ELECTION RESULTS OF
TUESDAY, NOVEMBER 8TH, 2016 WHICH AUTHORIZED THE RELATED AMENDMENT OF
THE CHARTER AS CERTIFIED BY RESOLUTION R-16-0618, ADOPTED DECEMBER 8,
2016 (COLLECTIVELY, "CITY COMMISSION AND VOTER REFERENDUM APPROVALS"),
AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY");
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A LEASE
AGREEMENT ("AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
BETWEEN THE CITY OF MIAMI ("CITY") AND DADE HERITAGE TRUST, INC., A NOT -FOR -
PROFIT CORPORATION ORGANIZED UNDER FEDERAL AND STATE OF FLORIDA LAWS,
("LESSEE"), FOR THE CITY -OWNED BUILDING LOCATED AT 190 SOUTHEAST 12TH
TERRACE, MIAMI, FL 33131 ("PROPERTY") FOR A TERM OF FIFTEEN (15) YEARS, WITH
TWO (2) FIVE (5) YEAR RENEWALS, FOR MINIMUM ANNUAL RENT OF SIX HUNDRED
DOLLARS ($600.00) IN MONTHLY INSTALLMENTS OF FIFTY DOLLARS ($50.00), WITH
CONSUMER PRICE INDEX ADJUSTMENTS, AND WITH RESTRICTIONS, REVERSIONS,
AND RETENTION BY THE CITY OF ALL OTHER RIGHTS TO THE PROPERTY, WITH
TERMS AND CONDITIONS AS MORE SPECIFICALLY TO BE SET FORTH IN SAID
AGREEMENT IN ACCORDANCE WITH THE CITY COMMISSION AND VOTER
REFERENDUM APPROVALS.
Background of Item:
The City owns and operates the Property located 190 SE 12th Terrace, Miami, Florida 33131
also known as Dr. Jackson's Office ("Property") and wishes to enter into a Lease Agreement
with Dade Heritage Trust, Inc. a corporation organized under the laws of the State of Florida in
order to continue its operate a not for profit mission to promote the historic preservation of sites
within the City and the wider Miami -Dade County community. It is the intent of the City and the
Lessee for the Property to be used as an educational, cultural, historic site, and community
visitors' center and for Lessee's services and uses of the Property for historical, educational,
visitors, and cultural public community purposes.
The Miami City Commission must authorize the City Manager to execute said Lease Agreement
by a 4/5ths affirmative vote, after an advertised public hearing, ratifying, approving and
confirming the City Manager's recommendation, based upon Resolution R-16-0347, Resolution
R-16-0348 and subsequent special election results that took place on Tuesday, November 8th,
2016, as not being practical or advantageous to the City of Miami regarding the Lease
Agreement.
Pursuant to Section 29-B of the Charter of the City of Miami, as amended ("Charter"), the City
and the Lessee have received approval to enter into this Agreement by (1) Miami City
Commission ("City Commission") Resolution No. R-16-0348, adopted July 29, 2016;(2) the
affirmative vote of the electorate in the special election held on November 8, 2016 to amend the
Charter to authorize the City Commission by a four -fifths (4/5ths) affirmative vote to waive
competitive bidding and execute a lease with Lessee for the Property for a term of fifteen (15)
years, with two (2) five (5) year renewals, for minimum annual rent of $600.00 with consumer
price index adjustments, with restrictions, reversions, and retention by the City of all other rights;
(3) City Commission Resolution No. R-16-0618, adopted December 8, 2016, officially
acknowledging the City Clerk's certification of the canvass and declaration of results of the
City's special election held on November 8, 2016; (4) City Commission Resolution No. _-
adopted , 2021 to comply with the Charter amendment authorized by the special
election (collectively, "Voter Referendum Approval")
Budget Impact Analysis
Item is Related to Revenue
Item is NOT funded by Bonds
Total Fiscal Impact:
600.00 Annual Use Fee Revenue
04002.221100.448000.0000.00000
Real Estate and Asset Management Aldo Bustamante
Office of Management and Budget
Office of Management and Budget
City Manager's Office
City Manager's Office
Legislative Division
Office of the City Attorney
City Commission
Office of the City Attorney
City Commission
City Commission
City Commission
Legislative Division
Office of the City Attorney
Office of the City Attorney
Office of the City Attorney
City Commission
City Commission
City Commission
Office of the Mayor
Office of the City Clerk
Legislative Division
Office of the City Attorney
Office of the City Attorney
Office of the City Attorney
Office of the City Clerk
Reviewed B
Pedro Lacret
Christopher M Rose
Fernando Casamayor
Arthur Noriega V
Valentin J Alvarez
Barnaby L. Min
Nicole Ewan
Victoria Mendez
Nicole Ewan
Nicole Ewan
Nicole Ewan
Valentin J Alvarez
Robin Jones Jackson
Barnaby L. Min
Victoria Mendez
Nicole Ewan
Todd B. Hannon
Nicole Ewan
Mayor's Office
City Clerk's Office
Valentin J Alvarez
Robin Jones Jackson
Barnaby L. Min
Victoria Mendez
City Clerk's Office
Department Head Review
Budget Analyst Review
Budget Review
Assistant City Manager Review
City Manager Review
Legislative Division Review
Deputy City Attorney Review
Meeting
Approved Form and
Meeting
Meeting
Meeting
Legislative Division Review
ACA Review
Deputy Attorney Review
Approved Form and Correctness
Meeting
Meeting
Meeting
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Correctness Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Signed by the Mayor 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
07/02/2020 3:07 PM
07/08/2020 1:39 PM
07/09/2020 7:49 AM
07/14/2020 11:35 AM
07/14/2020 11:41 AM
07/14/2020 2:07 PM
07/14/2020 5:32 PM
07/23/2020 9:00 AM
09/15/2020 7:15 PM
09/24/2020 9:00 AM
10/08/2020 9:00 AM
01/14/2021 9:00 AM
02/12/2021 4:05 PM
02/12/2021 4:31 PM
02/16/2021 10:15 AM
02/16/2021 12:31 PM
02/25/2021 9:00 AM
03/11/2021 9:00 AM
03/25/2021 9:00 AM
04/05/2021 1:32 PM
04/05/2021 2:20 PM
03/25/2021 6:48 PM
03/25/2021 7:26 PM
03/25/2021 7:36 PM
Completed
04/05/2021 2:24 PM
City of Miami
Legislation
Resolution
Enactment Number: R-21-0125
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 7611 Final Action Date:3/25/2021
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
BY A FOUR -FIFTHS (4/STHS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED
PUBLIC HEARING, RATIFYING, CONFIRMING, AND APPROVING THE CITY
MANAGER'S RECOMMENDATION AND WRITTEN FINDING, ATTACHED AND
INCORPORATED AS EXHIBIT "A," PURSUANT TO SECTION 29-B(C) OF THE
CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CHARTER");
WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING
PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED ("CITY CODE"), BASED UPON RESOLUTION NOS.
R-16-0347 AND R-16-0348 ADOPTED JULY 29, 2016 AND SUBSEQUENT
SPECIAL ELECTION RESULTS OF TUESDAY, NOVEMBER 8, 2016 WHICH
AUTHORIZED THE RELATED AMENDMENT OF THE CHARTER AS
CERTIFIED BY RESOLUTION NO. R-16-0618 ADOPTED DECEMBER 8, 2016
(COLLECTIVELY, "CITY COMMISSION AND VOTER REFERENDUM
APPROVALS"), AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE
CITY OF MIAMI ("CITY"); AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE A LEASE AGREEMENT ("AGREEMENT"), IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY AND
DADE HERITAGE TRUST, INC., A NOT -FOR -PROFIT CORPORATION
ORGANIZED UNDER FEDERAL AND STATE OF FLORIDA LAWS, FOR THE
CITY -OWNED BUILDING LOCATED AT 190 SOUTHEAST 12TH TERRACE,
MIAMI, FLORIDA 33131 ("PROPERTY") FOR AN INITIAL TERM OF FIVE (5)
YEARS WITH ONE (1) FIVE (5) YEAR RENEWAL WITH CITY COMMISSION
APPROVAL REQUIRED FOR ANY FURTHER RENEWALS FOR MINIMUM
ANNUAL RENT OF SIX HUNDRED DOLLARS ($600.00) IN MONTHLY
INSTALLMENTS OF FIFTY DOLLARS ($50.00) WITH CONSUMER PRICE
INDEX ADJUSTMENTS AND WITH RESTRICTIONS, REVERSIONS, AND
RETENTION BY THE CITY OF ALL OTHER RIGHTS, INCLUDING BUT NOT
LIMITED TO AIR RIGHTS, MINERAL RIGHTS, AND RIPARIAN RIGHTS, TO
THE PROPERTY WITH TERMS AND CONDITIONS AS MORE SPECIFICALLY
TO BE SET FORTH IN SAID AGREEMENT IN ACCORDANCE WITH
SECTIONS 18-188, 180-89, AND 18-190 OF THE CITY CODE AND THE CITY
COMMISSION AND VOTER REFERENDUM APPROVALS.
WHEREAS, the City of Miami ("City") and Dade Heritage Trust, Inc., a not -for -profit
organization under federal and State of Florida laws ("Lessee"), desire and intend to enter into a
lease agreement ("Agreement") for the use of City -owned property located at 190 Southeast
12th Terrace, Miami, Florida 33131 also known as Dr. Jackson's Office ("Property"); and
WHEREAS, the Property was originally the doctor's office and surgery facility of Dr.
James M. Jackson, a City pioneer, and is listed in the national register as a historic landmark
and is designated as a Historic Resource/Site by the City; and
WHEREAS, the Lessee's organizational purpose is to promote historic preservation
within the City and the wider Miami -Dade County community; and
WHEREAS, it is the intent of the City and the Lessee for the Property to be used as an
educational, cultural, historic site, and community visitors' center (collectively, "Services"); and
WHEREAS, the Services of the Lessee serve paramount public purposes under the laws
of the State of Florida ("State"); and
WHEREAS, pursuant to Section 29-B(c) of the Charter of the City of Miami, Florida, as
amended ("Charter"), the City and the Lessee have received approval to enter into the
Agreement by Resolution No. R-16-0348 adopted July 29, 2016; the affirmative vote of the
electorate in the special election held on November 8, 2016 which amended the Charter to
authorize the City Commission, by a four -fifths (4/5ths) affirmative vote, to waive competitive
bidding and to execute the Agreement with the Lessee for the Property for a term of thirty (30)
years with two (2) thirty (30) year renewals for minimum annual rent of Six Hundred Dollars
($600.00) in monthly installments of Fifty Dollars ($50.00) with Consumer Price Index ("CPI")
adjustments with restrictions, reversions, and retention by the City of all other rights to the
Property; and Resolution No. R-16-0618 adopted December 8, 2016 officially acknowledging
the City Clerk's certification of the canvass and declaration of results of the City's special
election held on November 8, 2016 to comply with the Charter amendment authorized by the
special election (collectively, "City Commission and Voter Referendum Approvals"); and
WHEREAS, pursuant to Section 18-190 of the Code of the City of Miami, Florida, as
amended ("City Code"), the Agreement shall require that Lessee to maintain and comply, at all
times, with any and all federal, State, and local laws and any and all requirements related to
funding for the Property; and
WHEREAS, the Agreement shall not convey or transfer any rights to exclude the City
from any real property, buildings, or facilities on the Property and the City shall include in the
Agreement all restrictions, reversions, and retentions by the City of all other rights, including but
not limited to air rights, mineral rights, and riparian rights to the Property with such terms and
conditions more specifically to be set forth in said Agreement in accordance with the City
Commission and Voter Referendum Approvals, all in forms acceptable to the City Attorney; and
WHEREAS, the City Commission desires to limit the initial term of the Agreement to five
(5) years with one (1) five (5) year renewal with City Commission approval required for any
further renewals;
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 fully set forth in this Section.
Section 2. Based upon the City Commission and Voter Referendum Approvals, the City
Commission, after an advertised public hearing, by a four -fifths (4/5ths) affirmative vote, hereby
ratifies, approves, and confirms the City Manager's finding and recommendation, attached and
incorporated as Exhibit "A," pursuant to Section 29-B(c) of the Charter and waives the
requirements for competitive sealed bidding pursuant to Section 18-85(a) of the City Code as
not being practicable or advantageous to the City.
Section 3. The City Manager is authorized to negotiate and execute the Agreement, in
a form acceptable to the City Attorney, between the City and the Lessee for the use of the
Property for an initial term of five (5) years with one (1) five (5) year renewal with City
Commission approval required for any further renewals for Minimum Annual Rent of Six -
Hundred Dollars ($600.00) payable in monthly installments in the amount of Fifty Dollars
($50.00) with CPI adjustments and with restrictions, reversions, and retentions by the City of all
other rights, including but not limited to air rights, mineral rights, and riparian rights to the
Property, all to be set forth in said Agreement in accordance with Sections 18-188, 18-189, and
18-190 of the City Code, and the City Commission and Voter Referendum Approvals.
Section 4. This Resolution shall become effective immediately upon adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
ndez, ity (tor
ndez, ity Attor ey 2/16/2021
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.