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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #17703 Date: 05/30/2025 Commission Meeting Date: 07/10/2025 Requesting Department: Department of Real Estate and Asset Management Sponsored By: District Impacted: District 5 Type: Resolution Subject: Authorize - Lease Termination - Rivercow LLC Purpose of Item: A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI ("CITY") AND RIVERCOW, LLC ("LESSEE") FOR MUTUAL TERMINATION OF THE LEASE AGREEMENT FOR THE CITY -OWNED PROPERTY LOCATED AT 8034 NORTHEAST 2 AVENUE, MIAMI, FLORIDA; 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 FOR SAID PURPOSE. Background of Item: The City of Miami ("City") owns the property located at 8034 Northeast 2 Avenue, Miami, Florida ("Property"). Rivercow, LLC, a Florida limited liability company ("Lessee"), expressed interest to use and occupy a portion of the Property as a public park, as well as for the enjoyment of the general public and the tenants, employees, and invitees of the Lessee . Pursuant to City Commission Resolution No. 20-0144, passed and adopted on May 14, 2020, the City and Lessee entered into a Lease Agreement dated August 18, 2020. Lessee has not yet constructed the Leasehold Improvements, as defined in the Lease, and has determined that such renovations no longer are financially feasible, and Lessee wishes to terminate the Lease. The City and Lessee have mutually agreed to enter into a surrender and mutual termination agreement to terminate the lease ("Agreement"), subject to terms and conditions to be negotiated between the City Manager and Lessee, and incorporated into the Agreement. Budget Impact Analysis Item is Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: Total Fiscal Impact: $ 5,402.44 General Account No: 04002.221100.448000.0000.00000 Department of Real Estate Review Completed Office of Management and Office of Management and City Manager's Office City Manager's Office City Manager's Office Legislative Division Office of the City Attorney Office of the City Attorney City Commission Office of the City Clerk Reviewed B and Asset Management 05/30/2025 9:38 AM Budget Pedro Lacret Budget Marie Gouin Larry M. Spring Natasha Colebrook -Williams Arthur Noriega V Valentin J Alvarez Jacqueline Lorenzo George K. Wysong III Maricarmen Lopez City Clerk's Office Andrew Frey Department Head Budget Analyst Review Budget Review Assistant City Manager Deputy City Manager Review City Manager Review Legislative Division Review ACA Review Approved Form and Correctness Meeting Rendered Completed 05/30/2025 12:07 PM Completed 05/30/2025 1:27 PM Completed 06/02/2025 2:14 PM Completed 06/02/2025 2:33 PM Completed 06/02/2025 7:35 PM Completed 06/23/2025 1:58 PM Completed 06/25/2025 3:03 PM Completed 06/30/2025 3:26 PM Completed 07/10/2025 9:00 AM Completed 07/17/2025 3:40 PM City of Miami Legislation Resolution Enactment Number: R-25-0248 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 17703 Final Action Date:7/10/2025 A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI ("CITY") AND RIVERCOW, LLC ("LESSEE") FOR MUTUAL TERMINATION OF THE LEASE AGREEMENT FOR THE CITY -OWNED PROPERTY LOCATED AT 8034 NORTHEAST 2 AVENUE, MIAMI, FLORIDA; 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 FOR SAID PURPOSE. WHEREAS, the City of Miami ("City") owns the property located at 8034 Northeast 2 Avenue, Miami, Florida ("Property"); and WHEREAS, Rivercow, LLC, a Florida limited liability company ("Lessee"), expressed interest to use and occupy a portion of the Property as a public park, as well as for the enjoyment of the general public and the tenants, employees, and invitees of the Lessee; and WHEREAS, pursuant to City Commission Resolution No. R-20-0144, passed and adopted on May 14, 2020, the City and Lessee entered into a Lease Agreement dated August 18, 2020; and WHEREAS, Lessee has not yet constructed the Leasehold Improvements, as defined in the Lease, and has determined that such renovations no longer are financially feasible; and WHEREAS, Lessee wishes to terminate the Lease; and WHEREAS, the City and Lessee have mutually agreed to enter into a surrender and mutual termination agreement to terminate the lease ("Agreement"), subject to terms and conditions to be negotiated between the City Manager and Lessee, and incorporated into the Agreement; and 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 hereby adopted by reference thereto and incorporated herein as if 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 Lessee for mutual termination of the Lease. Section 3. The City Manager is further authorized 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. Section 4. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: g Wy ng III, C y ttor y 6/30/2025 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.