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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #13550 Date: 02/23/2023 Commission Meeting Date: 03/23/2023 Requesting Department: Department of Real Estate and Asset Management Sponsored By: District Impacted: District 2 Type: Resolution Subject: Lease Agreement - USA FAA - Air Route Nay. Facility on VK Purpose of Item: For The United States of America Department of Transportation Federal Aviation Administration's continued use of a vacant parcel of land measuring approximately 300 feet by 200 feet which is located on Virginia key, diagonally across the northwest corner of the Miami Dade Water and Sewer authority treatment plant, for use of an air route navigational facility on Virginia Key, for a term of ten (10) years, if applicable with terms and conditions as more specifically set forth in said agreement; further authorizing the City Manager to negotiate and execute all necessary documents, including amendments and modifications to said agreement, in a form acceptable to the city attorney, as may be necessary. Background of Item: The City is the owner of the property located at 3691 Rickenbacker Causeway (the "Property"), known as the Virginia Key Beach. The City and Lessee entered into a Lease Agreement ("Lease") dated October 1, 2008, for a term of ten (10) years with renewal rights. Lessee has continued to occupy the Property and is presently operating a Very High Frequency Omni -Directional Radio Range with Tactical Air Command (VORTAC) device, therein; and WHEREAS, eighty percent (80%) of all aircraft traveling to Miami utilized air routes generated by the VORTAC which are essential air routes to the South Florida/Miami area. The City and Lessee desire and intend to enter into a new Lease Agreement ("Agreement") authorizing the Lessee's continued use of the Property for annual fee of $36,602.40. The terms and conditions of a ten (10) year Lease Agreement have been negotiated at a base rent consisting of the fair market rent, plus successive annual renewals with said annual renewals not to extend beyond the year 2032. Budget Impact Analysis Item is Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: Reviewed B Department of Real Estate Review Completed Office of Management and Office of Management and City Manager's Office City Manager's Office Legislative Division and Asset Management 02/23/2023 8:39 AM Budget Pedro Lacret Budget Marie Gouin Larry M. Spring Arthur Noriega V Valentin J Alvarez 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 Andrew Frey Budget Analyst Review Budget Review Assistant City Manager City Manager Review Legislative Division Review Isiaa Jones Approved Form and Correctness Meeting Signed by the Mayor Signed and Attested by the City Clerk Completed Rendered Completed Department Head Completed Completed Completed Completed Completed ACA Review Completed Completed Completed 02/24/2023 6:03 PM 02/27/2023 12:58 PM 02/28/2023 11:38 AM 02/28/2023 2:01 PM 03/01/2023 9:14 AM Completed 03/14/2023 7:23 AM 03/23/2023 9:00 AM 03/30/2023 1:15 PM 03/30/2023 1:22 PM 03/30/2023 1:22 PM City of Miami Legislation Resolution Enactment Number: R-23-0146 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 13550 Final Action Date:3/23/2023 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO THE SECTION 29-B(C) OF CHARTER OF CITY OF MIAMI, FLORIDA, AS AMENDED, CONVEYING PROPERTY TO IMPLEMENT PROJECTS OF ANY GOVERNMENTAL AGENCY OR INSTRUMENTALITY; AUTHORIZING THE CITY MANAGER TO EXECUTE AND NEGOTIATE A LEASE AGREEMENT("LEASE") BETWEEN CITY OF MIAMI ("CITY") AND THE UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATION ADMINISTRATION ("LESSEE"), FOR THE CONTINUED USE OF A VACANT PARCEL OF LAND MEASURING APPROXIMATELY 300 FEET BY 200 FEET, LOCATED ON A PORTION OF VIRGINIA KEY, DIAGONALLY ACROSS THE NORTHWEST CORNER OF THE MIAMI-DADE WATER AND SEWER AUTHORITY TREATMENT PLANT, FOR USE OF AN AIR ROUTE NAVIGATIONAL FACILITY ON A PORTION OF VIRGINIA KEY, FOR A TERM OF TWENTY (20) YEARS, WITH TERMS AND CONDITIONS AS MORE SPECIFICALLY SET FORTH IN SAID LEASE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. WHEREAS, the City of Miami ("City") is the owner of the property located at 3691 Rickenbacker Causeway ("Property") known as the Virginia Key Beach; and WHEREAS, the City and the United States of America Department of Transportation, Federal Aviation Administration ("Lessee") entered into a Lease Agreement ("Previous Lease") dated October 1, 2008, for a term of ten (10) years with renewal rights; and WHEREAS, Lessee has continued to occupy a portion of the Property and is presently operating a Very High Frequency Omni -Directional Radio Range with Tactical Air Command (VORTAC) device therein; and WHEREAS, eighty percent (80%) of all aircraft traveling to Miami utilized air routes generated by the VORTAC which are essential air routes to the South Florida/Miami area; and WHEREAS, the terms and conditions of a Lease, for a period of time not to exceed twenty (20) years ("Lease Period"), have been negotiated at a base rent consisting of the fair market rent; and WHEREAS, the City and Lessee desire and intend to enter into a new Lease Agreement ("Lease"), authorizing the Lessee's continued use of a portion of the Property for annual base rent of $36,602.40 (Base Rent); and WHEREAS, this Lease shall be granted to implement a project of a governmental agency or instrumentality in accordance with Section 29-B(c) of the Charter of the City of Miami, Florida, as amended ("City Charter"); 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 herein as if fully set forth in this Section. Section 2. Pursuant to Section 29-B(c) of the City Charter, the City Manager is hereby authorized' to execute the Lease, with the United States of America Department of Transportation, Federal Aviation Administration ("Lessee"), for the use of a portion of the City - owned Property"), also known as Virginia Key Beach, for a period of twenty (20) years ("Lease Period"), with terms and conditions more particularly set forth in the Lease, in a form acceptable to the City Attorney. Section 3. The City Manager is further authorized' to negotiate and execute all necessary documents, including amendments and modifications to said Lease, in a form acceptable to the City Attorney. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 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 Commission.