HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #14650
Date: 09/14/2023
Commission Meeting Date: 09/28/2023
Requesting Department: Department of Real
Estate and Asset Management
Sponsored By:
District Impacted: District 5
Type: Resolution
Subject: Authorize Agreement - Flagler Eye Care, INC - 174 & 176 East Flagler Street
Purpose of Item:
Authorization for the City Manager to negotiate and execute a new revocable license
agreement with Flagler Eye Care, Inc. for the commercial use of City owned property
located at 174-176 E Flagler Street, Miami, Florida, and 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 business currently occupies commercial space in the Olympia Theater building at
174-176 E Flagler Street on an expired lease agreement. The occupant had a Lease
Agreement in place with a third -party management company which was utilized by the
City and is now defunct. The Licensee has accepted a term sheet offered to them and
the Department of Real Estate and Asset Management seeks to enter into a new RLA
with the Licensee.
Budget Impact Analysis
Item is Related to Revenue
Total Fiscal Impact:
General Account No: 04002.221181.448000.0000.00000
Reviewed B
Department of Real Estate and Asset Management
Review Completed 09/14/2023 2:49 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
Larry M. Spring
Arthur Noriega V
Valentin J Alvarez
OMNI Community Redevelopment Agency
Office of the City Attorney Victoria Mendez
City Commission
Legislative Division
Office of the City Attorney
Office of the City Clerk
Maricarmen Lopez
Valentin J Alvarez
Victoria Mendez
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
Legislative Division Review
Approved Form and Correctness
Rendered
Department Head
Completed
Completed
Completed
Completed
Completed
ACA Review
Completed
Completed
Completed
Completed
Completed
09/15/2023 12:43 PM
09/15/2023 1:08 PM
09/18/2023 9:40 AM
09/18/2023 10:37 AM
09/18/2023 12:33 PM
Completed
09/19/2023 7:06 PM
09/28/2023 9:00 AM
10/16/2023 2:49 PM
12/06/2023 9:07 AM
12/08/2023 5:47 PM
City of Miami
Legislation
Resolution
Enactment Number: R-23-0429
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 14650 Final Action Date:9/28/2023
A RESOLUTION OF THE CITY OF MIAMI COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE
AGREEMENT ("AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, BETWEEN THE CITY OF MIAMI ("CITY") AND FLAGLER EYE CARE,
INC. ("LICENSEE"), FOR THE USE OF PROPERTY LOCATED AT 174 & 176 EAST
FLAGLER STREET, MIAMI, FLORIDA ("PROPERTY"), FOR A ONE-YEAR TERM AND
PROVIDING FOR A MONTHLY USE FEE ("MONTHLY USE FEE") OF ONE
THOUSAND NINE HUNDRED THIRTY-SIX DOLLARS AND SIXTY-SEVEN CENTS
($1,936.67) WITH TWO (2) ONE YEAR OPTION TO RENEW WITH ADDITIONAL
TERMS AND CONDITIONS AS SPECIFIED ON THE TERM SHEET, ATTACHED AND
INCORPORATED AS EXHIBIT "A" ; PROVIDED LICENSEE IS CURRENT ON ALL
PAYMENTS TO THE CITY, FURTHER AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE ALL NECESSARY DOCUMENTS, INCLUDING
AMENDMENTS TO SAID AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, FOR SAID PURPOSES STATED HEREIN.
WHEREAS, on July 24, 1975, the City of Miami acquired, by way of a Special
Warranty deed, the property located at 174 E. Flagler Street, Miami, FL 33131, the Olympia
Theater and Tower, also known as the Gusman Center for the Performing Arts from Maurice
Gusman Cultural Center for the Performing Arts, Inc.; and
WHEREAS, the previously existing sub -lease and license agreement with the Licensee
was previously managed by a third party and has since expired; and
WHEREAS, the Licensee currently occupies commercial space at the Property; and
WHEREAS, the Department of Real Estate and Asset Management ("DREAM")
recommends that the City enter into a new Revocable License Agreement ("Agreement") with
licensee, for a one-year term, providing for a monthly use fee ("monthly use fee") of one
thousand nine hundred thirty-six dollars and sixty-seven cents ($1,936.67), with two (2) one
year option to renew with additional terms and conditions as specified on the term sheet,
attached and incorporated as Exhibit "A"; and
WHEREAS, the City of Miami issued RFP 1568386 ("RFP") for the restoration,
improvement, and lease of Olympia Theater and Tower and said RFP expired on March 3,
2023;
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 the Agreement, in
a form acceptable to the City Attorney, between the City and Licensee, for use of commercial
space located at 174-176 East Flagler Street, Miami, Florida, with terms and conditions as more
specifically set forth in attached and incorporated Exhibit "A."
Section 3. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
ria i
dui ez, i✓ity ttor
9/19/2023 ria r dez ity Attor
1
ley ) 12/6/2023
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.