HomeMy WebLinkAboutResolutionCity of Miami
Resolution
Legislation
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.
City of Miami Page 1 of 2 File ID: 13562 (Revision:) Printed On: 6/27/2025
File ID: 13562 Enactment Number:
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.
City of Miami Page 2 of 2 File ID: 13562 (Revision:) Printed on: 6/27/2025