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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #13520 Date: 02/16/2023 Commission Meeting Date: 03/23/2023 Requesting Department: Department of Real Estate and Asset Management Sponsored By: District Impacted: District 5 Type: Resolution Subject: Lease Agreement - Miami -Dade County - Jefferson Reaves Park Use Purpose of Item: For the continued use of the City owned property located at 1009 Northwest 5th Avenue, Miami, Florida, as a Public Health Facility, at an annual rental of $1.00 per year, for a period of five years and six months, with one (1) option to extend for one (1) additional five year term; with terms and conditions to be more specifically set forth in said agreement; further authorizing the City Manager to negotiate and execute all other necessary documents, including amendments and modifications to said agreement, all in a form acceptable to the City Attorney, as may be necessary to effectuate the uses contemplated herein. Background of Item: On February 7, 1990, the City Commission adopted Resolution No. 90-0134, authorizing the City Manager to execute a Lease Agreement ("Lease Agreement") with Miami -Dade County ("Lessee") for the use of a portion of Henderson Park, located at 1009 Northwest 5th Avenue, Miami, Florida, for the construction of a facility to be used as a public health clinic. The Lease became effective on October 1, 1990 for a term of twenty (20) years with a consideration of $1.00 per year. The Lease expired on September 30, 2010 and the Lessee wishes to pursue a new Lease with the City of Miami ("City"). In exchange for the City allowing the Lessee to continue with a rental rate of $1.00 per year, the Lessee previously allowed the City to modify an existing lease agreement, in which the Lessee is the Lessor and the City is the Lessee, for a 400 square foot area on the rooftop of the Stephen P. Clark Center, located at 111 Northwest 1st Street, Miami, Florida, for an antenna ("Antenna Lease Agreement"). The City approved the execution of an amendment to the Antenna Lease on April 14, 2011. In the Antenna Lease Agreement, the City's rental was $14,000 per year, and the modification reduced the rental rate to $1.00 per year, because the previous lease agreement has expired on March 30, 2021, the City and the Lessee wish to enter a Lease Agreement for a period of five years and six months, with the option to renew for one additional term of five years; Budget Impact Analysis Total Fiscal Impact: Department of Real Estate Review Completed Office of Management and Office of Management and City Manager's Office City Manager's Office Legislative Division OMNI Community Redevelopment Agency Office of the City Attorney Victoria Mendez City Commission Maricarmen Lopez Office of the Mayor Mayor's Office Office of the City Clerk City Clerk's Office Office of the City Clerk City Clerk's Office Reviewed B and Asset Management 02/16/2023 9:39 AM Budget Pedro Lacret Budget Marie Gouin Larry M. Spring Arthur Noriega V Valentin J Alvarez Andrew Frey Budget Analyst Review Budget Review Assistant City Manager City Manager Review Legislative Division Review Isiaa Jones Approved Form and Correctness Meeting Department Head Completed Completed Completed Completed Completed ACA Review Completed Completed Signed by the Mayor Completed Signed and Attested by the City Clerk Completed Rendered Completed 02/17/2023 1:09 PM 02/21/2023 11:29 AM 02/21/2023 2:31 PM 02/22/2023 12:46 PM 02/27/2023 9:03 AM Completed 03/14/2023 7:49 AM 03/23/2023 9:00 AM 03/30/2023 1:15 PM 03/30/2023 1:21 PM 03/30/2023 1:21 PM City of Miami Legislation Resolution Enactment Number: R-23-0145 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 13520 Final Action Date:3/23/2023 A RESOLUTION OF THE MIAMI CITY COMMISSION, PURSUANT TO SECTION 29-B OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CHARTER"), CONVEYING PROPERTY TO IMPLEMENT PROJECTS OF ANY GOVERNMENTAL AGENCY OR INSTRUMENTALITY; AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT ("AGREEMENT") BETWEEN THE CITY OF MIAMI ("CITY") AND MIAMI-DADE COUNTY ("COUNTY"), FOR THE COUNTY'S CONTINUED USE OF THE CITY -OWNED PROPERTY LOCATED AT 1009 NORTHWEST 5TH AVENUE, MIAMI, FLORIDA, AS A PUBLIC HEALTH FACILITY, AT AN ANNUAL RENTAL RATE OF ONE DOLLAR ($1.00) PER YEAR, FOR A PERIOD OF FIVE (5) YEARS AND SIX (6) MONTHS, WITH ONE (1) OPTION TO EXTEND FOR ONE (1) ADDITIONAL FIVE (5) YEAR TERM; WITH TERMS AND CONDITIONS TO BE MORE SPECIFICALLY SET FORTH IN SAID AGREEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID AGREEMENT, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO EFFECTUATE THE USES CONTEMPLATED HEREIN. WHEREAS, on February 7, 1990, the City Commission adopted Resolution No. 90- 0134, authorizing the City Manager to execute a lease agreement ("Prior Lease Agreement") with Miami -Dade County ("County") for the use of a portion of Henderson Park, located at 1009 Northwest 5th Avenue, Miami, Florida, for the construction of a facility to be used as a public health clinic; and WHEREAS, the Prior Lease Agreement became effective on October 1, 1990 for a term of twenty (20) years with a consideration of $1.00 per year; and WHEREAS, the Prior Lease Agreement expired on September 30, 2010 and the County wishes to pursue a new Lease with the City of Miami ("City"); and WHEREAS, in exchange for the City allowing the County to continue with a rental rate of $1.00 per year, the County previously allowed the City to modify an existing lease agreement, in which the County is the Lessor and the City is the Lessee, for a 400 square foot area on the rooftop of the Stephen P. Clark Center, located at 111 Northwest 1st Street, Miami, Florida, for an antenna ("Antenna Lease Agreement"); and WHEREAS, the City approved the execution of an amendment to the Antenna Lease on April 14, 2011; and WHEREAS, in the Antenna Lease Agreement, the City's rental was $14,000.00 per year, and the modification reduced the rental rate to $1.00 per year; and WHEREAS, because the Prior Lease Agreement has expired on March 30, 2021, the City and the County wish to enter a new lease agreement ("New Lease Agreement") for a period of five (5) years and six (6) months, with the option to renew for one (1) additional term of five (5) years, for a rental rate of One Dollar ($1.00) per year; and WHEREAS, pursuant to Section 29-B(c) of the Charter of the City of Miami, Florida, as amended ("City Charter"), "the provisions of this section and any other City requirements for competitive bidding shall not apply for the conveyance or disposition of City -owned property in connection with the implementation of projects of any governmental agency or instrumentality"; 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 of the City Charter, the City Manager is authorized' to execute a New Lease Agreement between the City and the County, for the continued use of City -owned property located at 1009 Northwest 5th avenue, Miami, Florida, as a public health facility, at an annual rental rate of One Dollar ($1.00) per year, with said New Lease Agreement being for a period of five (5) years and six (6) months, with one (1) option to extend for (1) additional five (5) year term. Section 3. The City Manager is further authorized' to negotiate and execute all other necessary documents, including amendments and modifications to said New Lease Agreement, all in a form acceptable to the City Attorney, as may be necessary to effectuate the uses contemplated herein. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: ndez, City Attor ey ) 3/14/2023 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 provis ions. 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.