HomeMy WebLinkAboutR-23-0426City of Miami
Resolution R-23-0426
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 14502 Final Action Date: 9/28/2023
A RESOLUTION OF THE CITY OF MIAMI COMMISSION, BY A FOUR -FIFTHS
(4/5THS) AFFIRMATIVE VOTE, PURSUANT TO SECTION 18-176 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"),
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A
RETROACTIVE AMENDMENT TO THE MIAMI BALLPARK PARKING
FACILITIES INTERLOCAL COOPERATION & LEASE AGREEMENT
("AGREEMENT") WITH THE DEPARTMENT OF OFF-STREET PARKING OF
THE CITY OF MIAMI, AN AGENCY AND INSTRUMENTALITY OF THE CITY
OF MIAMI, D/B/A THE MIAMI PARKING AUTHORITY ("MPA"), FOR THE MIAMI
BALLPARK PARKING FACILITY, ALLOWING FOR THE ABATEMENT OF
RENT FOR CITY OF MIAMI DEPARTMENT USE AND REDUCTION OF
RETAIL SPACE LEASED TO MPA AND PROVIDING FOR THE APPORTION
OF RETAIL SPACE FOR CURRENT AND FUTURE CITY OPERATIONAL USE;
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN
AMENDMENT TO THE AGREEMENT, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, FOR THE PURPOSES STATED HEREIN; FURTHER
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY
AND ALL AMENDMENTS, EXTENSIONS, AND DOCUMENTS NECESSARY
TO THE AMENDED AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, FOR SAID PURPOSE.
WHEREAS, the City of Miami ("City") owns the surface lots, parking structures ("Parking
Facilities") and retail facilities ("Retail Facilities"), surrounding the Miami Ballpark, located at 501
Marlins Way, Miami, Florida ("Ballpark"); and
WHEREAS, the Miami City Commission, by Resolution No. R-09-0509, passed and
adopted on October 22, 2009, authorizing the issuance of Revenue Bonds on a taxable and tax-
exempt basis to finance the City's portion of the construction of the Parking Facilities, the
proceeds of which are governed by Internal Revenue Code Requirements and Revenue Bond
Requirements; and
WHEREAS, pursuant to that certain Operating Agreement dated April 15, 2009 by and
between the City, Marlins Stadium Operator, LLC, and Miami -Dade County, the Department of
Off -Street Parking of the City of Miami, an agency and instrumentality of the City of Miami,
D/B/A the Miami Parking Authority ("MPA"), on the City's behalf has the exclusive right, authority
and responsibility to operate, manage, maintain, and control the parking facilities; and
WHEREAS, the terms and conditions of the operation of the Parking Facilities and Retail
Facilities are governed by that certain Miami Ballpark Parking Facilities Interlocal Cooperation
and Lease Agreement ("Lease"); and
City of Miami Page 1 of 2 File ID: 14502 (Revision:) Printed On: 7/14/2025
File ID: 14502 Enactment Number: R-23-0426
WHEREAS, for purposes of operational efficiency, the City desired to have the
management of the Parking Facilities included in the leasing of the Retail Facilities; and
WHEREAS, the City's Fire -Rescue and Code Compliance Departments currently occupy
space at the Retail Facilities; and
WHEREAS, the Department of Real Estate and Asset Management ("DREAM") has
received a request to utilize vacant retail space at the Retail Facilities by both the Department of
Fire -Rescue and Building Department to support operational needs; and
WHEREAS, the City and MPA wish to enter into a retroactive amendment to the Lease,
in a form acceptable to the City Attorney, that will retroactively amend the Lease to allow for Fire
Department and Building Department to use several retail spaces in the Retail Facilities with no
required rental payments, as well as, remove the Retail Facilities from the Lease with MPA in
order for the City to manage, operate, and control the Retail Facilities; and
WHEREAS, the City Commission finds that amending the Lease is in the best interest of
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. The City Manager is authorized' to negotiate and execute a Retroactive
Amendment, in a form acceptable to the City Attorney, between the City and MPA, for use of
retail space located in parking facilities adjacent to 501 Marlins Way, Miami, Florida, with terms
and conditions as more specifically set forth in said amendment.
Section 3. The City Manager is further authorized to negotiate and execute any and all
amendments, extensions, and documents necessary to the Agreement, 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:
end" ez, City Httor ey 9/19/2023
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
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: 14502 (Revision:) Printed on: 7/14/2025