HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #13562
Date: 02/23/2023
Commission Meeting Date: 03/23/2023
Requesting Department: Department of Real
Estate and Asset Management
Sponsored By:
District Impacted: District 5
Type: Resolution
Subject: Bid Waiver - Olympia Theater and Tower
Purpose of Item:
For the authorization to negotiate revocable license agreements with existing
Commercial Tenants for continued use of City owned property located at 174 East
Flagler Street, Miami, Florida, authorizing the City Manager to negotiate and execute all
other necessary documents, including amendments and modifications to said
agreements, all in a form acceptable to the City Attorney, as may be necessary to
effectuate the uses contemplated herein.
Background of Item:
The City is the owner of Olympia Tower and Theater located at 174 East Flagler Street
(the "Property"). The City has not directly had lease or license agreements in place with
existing tenants at the Property as the agreements were managed by a third -party
company known as Olympia Theater, Inc. The company no longer manages
aforementioned agreements. Therefore, the City and tenants desire to enter into direct
agreements for the continued use of commercial space at the Property.
Budget Impact Analysis
Item is Related to Revenue
Item is NOT funded by Bonds
Total Fiscal Impact:
Reviewed B
Department of Real Estate and Asset Management
Review Completed 02/23/2023 5:33 PM
Office of Management and Budget Pedro Lacret
Office of Management and Budget Marie Gouin
City Manager's Office
City Manager's Office
Legislative Division
City Commission
Office of the City Attorney
Office of the City Attorney
Larry M. Spring
Arthur Noriega V
Valentin J Alvarez
Maricarmen Lopez
Thomas M. Fossler
Victoria Mendez
Andrew Frey
Budget Analyst Review
Budget Review
Assistant City Manager
City Manager Review
Legislative Division Review
Meeting
ACA Review
Approved Form and Correctness
Department Head
Completed
Completed
Completed
Completed
Completed
Completed
Pending
Pending
02/24/2023 6:23 PM
02/27/2023 12:59 PM
02/28/2023 11:38 AM
02/28/2023 2:01 PM
03/01/2023 9:22 AM
03/23/2023 9:00 AM
City of Miami
Legislation
Resolution
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 13562 Final Action Date:3/23/2023
TO BE DEFERRED
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A
FOUR -FIFTHS AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING,
RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S
RECOMMENDATION AND FINDING, THAT COMPETITIVE NEGOTIATION
METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS TO
THE CITY OF MIAMI ("CITY"); WAIVING THE REQUIREMENTS FOR SAID
PROCEDURES; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE REVOCABLE LICENSE AGREEMENTS ("AGREEMENTS"), IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, FOR USE OF COMMERCIAL SPACE
LOCATED AT THE OLYMPIA THEATER AND TOWER, 174 EAST FLAGLER
STREET, MIAMI, FLORIDA; AUTHORIZING THE CITY MANAGER TO EXECUTE
REVOCABLE LICENSE AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH ORGANIZATIONS FOR SAID PURPOSE.
WHEREAS, on July 24, 1975 the City of Miami ("City") acquired, by way of a Special
Warranty deed, the property located at 174 East Flagler Street, Miami, Florida 33131, the
Olympia Theater and Tower, a/k/a the Gusman Center for the Performing Arts from Maurice
Gusman Cultural Center for the Performing Arts, Inc. ("Property"); and
WHEREAS, ATC Managed Sites, LLC ("ATC"), Flagler Eye Care, Inc. ("Flagler Eye
Care"), Miami Downtown Development Authority ("DDA"), and Shay Barak Corp. ("Shay Barak")
currently occupy commercial space at the Property; and
WHEREAS, the Department of Real Estate and Asset Management ("DREAM") wishes
to enter into new revocable license agreements ("RLA") with existing tenants; and
WHEREAS, RFP 1568386 ("RFP") was issued for restoration, improvement, and lease
of Olympia Theater and Tower and expired on March 3, 2023; and
WHEREAS, the currently existing sub -lease and license agreements were previously
managed by a third party and have expired; and
WHEREAS, the commercial tenants have expressed interest in entering new RLAs with
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 fully set forth in this Section.
Section 2. Pursuant to Section 18-85(a) of the Code, by a four -fifths (4/5ths) affirmative
vote, after an advertised public hearing, the City Manager's written findings, that competitive
negotiation methods and procedures are not practicable or advantageous, and waiving the
requirements for said procedures, are hereby ratified, approved, and confirmed.
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 tenants, for use of commercial
space located at 174 East Flagler Street, Miami, Florida, with terms and conditions as more
specifically set forth in said Agreement.
Section 4. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor2.
APPROVED AS TO FORM AND CORRECTNESS:
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.