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HomeMy WebLinkAbout24263AGREEMENT INFORMATION AGREEMENT NUMBER 24263 NAME/TYPE OF AGREEMENT MARTIN LUTHER KING ECONOMIC DEVELOPMENT CORPORATION DESCRIPTION LEASE AGREEMENT/6114 NW 7TH AVENUE UNIT B/FILE ID: 11789/R-22-0176/MATTER ID: 22-487K EFFECTIVE DATE January 17, 2023 ATTESTED BY TODD B. HANNON ATTESTED DATE 2/2/2023 DATE RECEIVED FROM ISSUING DEPT. 2/7/2023 NOTE DOCUSIGN AGREEMENT BY EMAIL DocuSign Envelope ID: B1648D4C-50E8-4E13-8BD5-AD018FCCBE36 CITY OF MIAMI DOCUMENT ROUTING FORM ORIGINATING DEPARTMENT: DREAM DEPT. CONTACT PERSON: Sandy Lila EXT. 1461 NAME OF OTHER CONTRACTUAL PARTY/ENTITY: Martin Luther King Economic Development Corporation IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? ❑ YES ® NO TOTAL CONTRACT AMOUNT: $30,000.00 (First Year FUNDING INVOLVED? ❑ YES ® NO TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT ❑ PROFESSIONAL SERVICES AGREEMENT ❑ GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ LICENSE AGREEMENT OTHER: (PLEASE SPECIFY): ❑ PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT ® LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT PURPOSE OF ITEM (BRIEF SUMMARY): The City Commission provided funding, inter alia, to the District 5 Commission Office for the establishment of District Offices. Martin Luther King Economic Development Corporation, a Florida Not for Profit Corporation ("Lessor") has one thousand, five hundred (1,500) square feet of available office space located at 6140B Northwest 7th Avenue, Miami, Florida 33127 ("Premises") for use as a district office. The City wishes to enter into a lease agreement with the Lessor for use of the Premises as a district office in District 5. COMMISSION APPROVAL DATE: 05/12/2022 FILE ID: 11789 ENACTMENT NO.: R-22-0176 IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: ROUTING INFORMATION Date PLEASE PRINT AND SIGN APPROVAL BY DEPARTMENTAL DIRECTOR January 24, 2023 I 16:01:21 EST PRINT: AndrewFreyocusigned SIGNATURE: by: 44fe'"' O. Frey SUBMITTED TO RISK MANAGEMENT DS January 24, 2023 I 16:24:58 EST PRINT: Ann -Marie SIGNATURE: — BW6EOer ►are /E4CU... �Doous ned by: n FratitiL 614,1(17 Assigned ACA: Xavier E. Alb January 30, 2023 I SUBMITTED TO CITY ATT Y Matter ID#: 22-487K January 31, 2023 I 00:43:38 13 : 25: 50 EST EST PRINT: Victoria SIGNATURE: Mencre26318214E7... —DocuSigned by: szia-,;-et_ -gZ- APPROVAL BY ASSISTANT CITY MANAGER February 1, 2023 I 14:19:03 EST PRINT: Larry MS7F1 SIGNATURE: fir AF6FE0457... ,—DocuSigned by: (. nj Sprl„1 RECEIVED BY CITY MANAGER February 2, 2023 I 09:50:15 EST PRINT: Arthur No SIGNATURE: lr e A2 2B97E54D4.. —DocuSigned by: Qri PorieS. ATTESTED BY THE CITY CLERK 1) ONE ORIGINAL TO CITY CLERK, February 2, 2023 1 18:50:26 EST PRINT: Todd B. SIGNATURE: .-85uFa1fr42a Hannon —DocuSigned by: �=pr -, `—E46D7560DCF1459... 2) ONE COPY TO CITY ATTORNEY'S OFFICE, 3) REMAINING ORIGINAL(S) TO ORIGINATING DEPARTMENT PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER DocuSign Envelope ID: B1648D4C-50E8-4E13-8BD5-AD018FCCBE36 LEASE AGREEMENT 1. DATE January 17, 2023 2. PARTIES 3. PREMISES 4. USE 5. TERM; RENEWAL 6. RENT 7. DEPOSIT MARTIN LUTHER KING ECONOMIC DEVELOPMENT CORPORATION, a Florida not for profit corporation, as LANDLORD, does hereby lease to THE CITY OF MIAMI, a municipal corporation of the State of Florida, as TENANT, and TENANT hereby leases the following described Premises: Unit B (1500 square feet) of the building located at 6114 NW 7th Avenue, Miami (Miami -Dade County), Florida. TENANT will use the Premises as a District Office for City Commission District 5 and other related uses. The term of this Lease Agreement ("Lease") will commence on February 1, 2023, and will expire on September 30, 2026, with one (1) Four (4) year option to renew, plus a month to month carry over provision. TENANT will pay LANDLORD base rent for the premises in monthly installments in the amount of $2,500.00 per month, payable in advance on the first day of each calendar month. TENANT agrees that the LANDLORD has the option to increase the initial rental rate a maximum of three percent (3%) annually during the term of the lease. Landlord shall provide Tenant no less than forty-five (45) calendar days written notice of its intent to increase the monthly rent and said written notice shall state the new rental rate. If any part of the Rent is not paid within five (5) business days after the due date, a payment of a late charge equal to ten percent (10%) of the Monthly Rent, and shall be subject to accrual of interest at the rate of eighteen percent (18%) per annum from the date when due until the date paid. Such late charges and interest shall be deemed Additional Rent due. The Premises is exempt from ad valorem real property taxes and assessments based on TENANT's use, and accordingly no Additional Rent may be allocated to TENANT attributable to taxes or special assessments. TENANT will deliver to LANDLORD which is due and payable in advance of the Term or at the signing of the agreement the sum of $5,000.00, which will be held as a security for TENANT's performance as herein provided Page 1 of 10 DocuSign Envelope ID: B1648D4C-50E8-4E13-8BD5-AD018FCCBE36 8. LAWS 9. UTILITIES 10. MAINTENANCE 11. ALTERATIONS Lease Agreement MLK EDC City of Miami and refunded to TENANT at the end of this Lease subject to TENANT's satisfactory compliance with the conditions hereof. TENANT acknowledges that no trade or occupation will be conducted in the Premises or use made thereof which will be unlawful, improper or offensive, or contrary to any law of any municipal code, by-law or ordinance in force applicable to the Premises. TENANT will be responsible for obtaining and maintaining all necessary licenses and permits for TENANT's use of the Premises, including the Tenant Improvements. TENANT will pay, as they become due, all bills for electricity and other utilities that are furnished to the Premises and presently separately metered. LANDLORD agrees to provide all other utility service and to furnish reasonably hot and cold water and reasonable heat and air conditioning (except to the extent that the same are furnished through separately metered utilities) to the Premises during operating business hours on regular school days of the heating and air conditioning seasons of each year, to furnish. LANDLORD will have no obligation to provide utilities or equipment other than the utilities and equipment within the Premises as the date of this Lease. If TENANT requires additional utilities or equipment, the installation and maintenance thereof will be TENANT's sole obligation, provided that such installation will be subject to the written consent of LANDLORD. TENANT will be responsible for the installation and maintenance of TENANT's security system. LANDLORD, at its own expense (except to the extent allowable as an Operating Expense), will be responsible to maintain the building in a good and safe condition, including Common Areas (including driveways, parking areas and walkways), roof, exterior walls, structural components of the building (including any retrofitting required by governmental authorities), HVAC and below -slab plumbing. The cost of alterations required by local, state or federal law (such as the Americans with Disabilities Act) will be LANDLORD's responsibility as capital improvements. TENANT will not make structural alterations or additions to the Premises, but may make non-structural alterations provided LANDLORD consents thereto in writing, which consent shall not be unreasonably withheld or delayed. All such allowed alterations will be at TENANT's expense and will be in quality at least equal to the present construction. TENANT will not permit any mechanics' liens, or similar liens to remain upon the Premises for labor and material furnished to TENANT or claimed to have Page 2 of 10 DocuSign Envelope ID: B1648D4C-50E8-4E13-8BD5-AD018FCCBE36 12. ASSIGNMENT 13. ENTRY Lease Agreement MLK EDC City of Miami been furnished to TENANT in connection with work of any character performed or claimed to have been performed at the direction of TENANT and will cause any such lien to be released of record forthwith without cost to LANDLORD. Any alterations or improvements made by TENANT, will become the property of LANDLORD at the termination of occupancy as provided herein. TENANT will pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for TENANT at or for use in the Premises Improvements or other alterations approved by LANDLORD. NOTICE IS HEREBY GIVEN THAT LANDLORD WILL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIALS FURNISHED OR TO BE FURNISHED TO TENANT FOR THE PREMISES, OR TO ANYONE HOLDING ANY OF THE PREMISES THROUGH OR UNDER TENANT, AND THAT MECHANIC'S, CONSTRUCTION, OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS WILL NOT ATTACH TO THE PREMISES OR THE BUILDING OR OTHERWISE AFFECT THE FEE OWNERSHIP INTEREST OF LANDLORD IN AND TO THE PREMISES OR THE BUILDING. TENANT may assign or sublease with LANDLORD's prior written consent, which may be granted or withheld based on financial status and use of proposed assignee/sublessee. Notwithstanding such consent, TENANT will remain liable to LANDLORD for the payment of all rent and for the full performance of the covenants and conditions of this Lease if the premises are subleased. LANDLORD or agents of LANDLORD may, at reasonable times, enter to view the Premises, and make repairs and alterations as LANDLORD should elect to do and upon providing Tenant with forty-eight (48) hours advance written notice. LANDLORD may also show the premises to others at any time within three (3) months before the expiration of the lease term. 14. INSURANCE; LANDLORD will maintain property casualty insurance covering one INDEMNITY hundred percent (100%) of replacement cost of the Building throughout the Term. LANDLORD's insurance costs are included in Operating Expenses. LANDLORD's insurance will not insure TENANT's personal property, leasehold improvements, or trade fixtures. Tenant operates a self -insured program in accordance and subject to the limitations as set forth in Section 768.28 of the Florida Statutes. LANDLORD shall indemnify, hold harmless, save, and defend the TENANT, Page 3 of 10 DocuSign Envelope ID: B1648D4C-50E8-4E13-8BD5-AD018FCCBE36 Lease Agreement MU( EDC City of Miami its officers, employees, and agents from any and all claims, liability, and causes of action, which may arise out of the willful, negligent, or unlawful acts of omissions of LANDLORD, its officers, directors, employees, agents, contractors, or subcontractors, in tis operation activities or obligations under this, and shall pay all claims and losses of any nature whatsoever in connection therewith, including all costs, judgements, and attorney's fees which may issue thereon,; provided however, that nothing herein shall be construed to require the LANDLORD to indemnify the TENANT against liability resulting from the willful, negligent, or unlawful acts of omissions of the TENANT. LANDLORD shall also indemnify, hold harmless, save, and defend TENANT from all such loss, expense, claims or actions arising out of any damage or injury occurring in the Common Areas (except to the extent such damage or injury is caused by the negligence or misconduct of TENANT, its officers, employees, and agents). This indemnification shall survive the term of this Lease, whether by expiration or termination. 15. CASUALTY; If the Premises is damaged by fire or other casualty event in any material CONDEMNATION respect, or is taken by an action for condemnation or eminent domain, then LANDLORD or TENANT may elect to terminate this Lease. When such fire, casualty, or taking renders the Premises substantially unsuitable for its intended use, but neither LANDLORD nor TENANT elect to terminate this Lease, a just and proportionate abatement of rent will be made. LANDLORD reserves, and TENANT grants to LANDLORD, all rights which TENANT may have for damages or injury to the Premises for any taking by eminent domain, except for damage for the value of taking or loss of TENANT's fixtures, property, or equipment. Furthermore, TENANT reserves the right to seek recovery through proceeds of insurance or condemnation for any portion of the cost of the Tenant Improvements not previously recovered by TENANT through the Tenant Improvement Abatement. 16. DEFAULT If (a) TENANT will default in the payment of any installment of rent or other sum herein specified and such default will continue for ten (10) business days after written notice thereof; or (b) TENANT will default in the observance or performance of any other of TENANT's covenants, agreements, or obligations hereunder and such default will has not been corrected within thirty (30) calendar days after written notice thereof; or (c) TENANT will be declared bankrupt or insolvent according to law, or, if any assignment will be made of TENANT's property for the benefit for creditors, then LANDLORD will have the right thereafter during which such default continues, to the extent permissible under applicable law, to re-enter and take complete possession of the Premises, to declare the Page 4 of 10 DocuSign Envelope ID: B1648D4C-50E8-4E13-8BD5-AD018FCCBE36 17. NOTICES Lease Agreement MLK EDC City of Miami term of this Lease ended, and remove TENANT's effects, without prejudice to any remedies which might be otherwise used for arrears of rent or other default. LANDLORD's remedies will include, without limitation, recovery of TENANT's unpaid Base Rent, without adjustment for the Tenant Improvement Abatement. If TENANT will default, after reasonable notice thereof, in the observance or performance of any conditions or covenants on TENANT's part to be observed or performed under or by virtue of any of the provisions in any article of this Lease, LANDLORD, without being under any obligation to do so and without thereby waiving such default, may remedy such default for the account and at the expense of TENANT. If LANDLORD makes any expenditures or incurs any obligations for the payment of money in connection therewith, including but not limited to, reasonable attorney's fees in instituting, prosecuting or defending any action or proceeding, such sums paid or obligations insured, with interest at the rate of 10% per annum and costs, will be paid to LANDLORD by TENANT as Additional Rent. Any notice from LANDLORD to TENANT relating to the Premises or the occupancy thereof, will be deemed duly served, if left at the Premises addressed to TENANT, or if mailed to the Premises, registered or certified mail, return receipt requested, postage prepaid, addressed to TENANT. A copy of any notice from LANDLORD to TENANT shall also be delivered to the following address: City of Miami Office of the City Attorney 444 SW 2nd Avenue, 9th Floor Miami, FL 33130 Any notice from TENANT to LANDLORD relating to the Premises or to the occupancy thereof will be deemed duly served, if mailed to LANDLORD by registered or certified mail, return receipt requested, postage prepaid addressed to LANDLORD at such address as LANDLORD may from time to time advise in writing. All rent notices will be paid and sent to LANDLORD at the following address:. Landlord Martin Luther King Economic Development Corporation C/O Amina M. McNeil, Esq., President/C.E.O. 6114 NW 7th Avenue Miami, FL 33127 Page 5 of 10 DocuSign Envelope ID: B1648D4C-50E8-4E13-8BD5-AD018FCCBE36 Lease Agreement MU( EDC City of Miami The Parties may, at any time, change its address for purposes of this Section by sending a notice to the other party stating the change and setting forth the new address. 18. SURRENDER TENANT will at the expiration or other termination of this Lease remove all TENANT's personal property from the Premises, and will deliver to LANDLORD the Premises and all keys, locks thereto, and other fixtures connected therewith and all Tenant Improvements, alterations and additions made to or upon the Premises, in broom clean condition, damage by fire or other casualty only excepted. 19. EARLY TERMINATION TENANT has the option to terminate this Lease prior to expiration, by written notice to LANDLORD given not later than ninety (90) calendar days prior to the early termination date designated by TENANT. In the event of such early termination election, no early termination fee or penalty will be payable to LANDLORD, but TENANT will be obligated to pay all Base Rent and Additional Rent payable to LANDLORD through the early termination date designated by TENANT. 20. FORCE MAJEURE Neither party hereto shall be liable for any delays or failures in performance due to Force Majeure. Upon the occurrence of a Force Majeure event, the party whose performance is affected by the Force Majeure event shall provide written notice of such Force Majeure event to the non -affected party as soon as practicable but in no event more than ten (10) business days from the occurrence of said Force Majeure event 21. GENERAL "Force Majeure" shall mean failure of power for a period in excess of seventy-two (72) consecutive hours, restrictive governmental law or regulation, riots or civil disorder, insurrection or wars, Acts of God, acts of military or governmental authority, acts of terrorism, epidemics, pandemics, and strikes, lockouts or other concerted industrial actions, provided that such causes are beyond the reasonable control and without the willful act, fault, failure or negligence of the party whose performance is affected by the Force Majeure event, and provided further that the party whose performance is affected by the Force Majeure event continues to make reasonable efforts to perform. In no event shall financial inability constitute Force Majeure. a. This Lease will be governed by and construed pursuant to the laws of the State of Florida and City of Miami Resolution R-22-0176 attached and incorporated as part of the lease agreement. Page 6 of 10 DocuSign Envelope ID: B1648D4C-50E8-4E13-8BD5-AD018FCCBE36 Lease Agreement MLK EDC City of Miami b. This Lease contains the entire understanding between the parties and supersedes any prior agreements or understandings whether written or oral. c. This Lease may not be modified or amended except by an agreement in writing executed by both parties. d. The captions and headings in this Lease are for convenience only and are not a part of this Lease and do not in any way define, limit, describe or amplify the terms and provisions of this Lease or the scope or intent thereof. e. All remedies, rights, undertakings and obligations contained in this Lease shall be cumulative and none of them shall be in limitation of any other remedy, right, undertaking or obligation of either party. f. Should the provisions of this Lease require judicial or arbitral interpretation, it is agreed that the judicial or arbitral body interpreting or construing the same shall not apply the assumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that an instrument is to be construed more strictly against the party which itself or through its agents prepared same, it being agreed that the agents of both parties have equally participated in the preparation of this Lease. g. If either party commences an action against the other arising out of or in connection with this Lease, then each party shall bear its own litigation costs and reasonable attorneys' fees actually incurred in connection with such litigation. h. Neither the Landlord, nor any assignee, successor, heir or personal representative of the Landlord, nor any other person or entity, shall seek a jury trial in any lawsuit, proceeding, counterclaim or any other litigation procedure based upon or arising out of any of the Lease and/or any modifications, or the dealings or the relationship between or among such persons or entities, or any of them. Neither the Landlord, nor any other person or entity will seek to consolidate any such action in which a jury trial has been waived with any other action. The provisions of this paragraph have been fully discussed by the parties hereto, and the provisions hereof shall be subject to no exceptions. No party to this Lease has in any manner agreed with or Page 7 of 10 DocuSign Envelope ID: B1648D4C-50E8-4E13-8BD5-AD018FCCBE36 Lease Agreement MU( EDC City of Miami represented to any other party that the provisions of this paragraph will not be fully enforced in all instances. i. Funding for this Lease is contingent on the availability of funds and continued authorization for Project activities and the Lease is subject to amendment or termination due to lack of allocated and available funds, reduction or discontinuance of funds or change in laws, codes, rules, policies or regulations, upon forty-five (45) business days' written notice. J• Neither the LANDLORD, nor any assignee, successor, heir or personal representative of the LANDLORD, nor any other person or entity, shall seek a jury trial in any lawsuit, proceeding, counterclaim or any other litigation procedure based upon or arising out of any of the Lease and/or any modifications, or the dealings or the relationship between or among such persons or entities, or any of them. Neither the LANDLORD, nor any other person or entity will seek to consolidate any such action in which a jury trial has been waived with any other action. The provisions of this paragraph have been fully discussed by the parties hereto, and the provisions hereof shall be subject to no exceptions. No party to this Lease has in any manner agreed with or represented to any other party that the provisions of this paragraph will not be fully enforced in all instances. k. The parties understand and acknowledge that this Lease and its terms are subject to the provisions of the Florida Public Records Act, Chapter 119, Florida Statutes. The parties agree to comply with the provisions of Chapter 119, Florida Statutes. IF THE LANDLORD HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE LANDLORD'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (305) 416-1800, PUBLICRECORDS@MIAMIGOV.COM, AND 444 S.W. 2ND AVENUE, SUITE 945, MIAMI, FL 33130 OR CITY OF MIAMI DEPARTMENT OF REAL ESTATE AND ASSET MANAGEMENT, AT (305) 416-1429, JACLORENZO@MIAMIGOV.COM, AND 444 S.W. 2ND AVENUE, 3RD FLOOR, MIAMI, FL 33130. Page 8 of 10 DocuSign Envelope ID: B1648D4C-50E8-4E13-8BD5-AD018FCCBE36 Lease Agreement MLK EDC City of Miami I. If any provisions of this Lease will be determined to be illegal or unenforceable, such determination will not affect any other provisions of this Lease and all such other provisions will remain in full force and effect. m. Neither party will record this Lease. n. Any intention to create a joint venture or partnership relation between the Parties hereto is hereby expressly disclaimed. o. Time is of the essence with respect to the performance of every provision of this Lease in which time of performance is a factor. p. Each person signing this Lease represents and warrants that he or she is duly authorized and has the legal capacity to execute and deliver this Lease. Each Party represents and warrants to the other that the execution and delivery of the Lease and the performance of such party's obligations and the certifications hereunder have been duly authorized, and that the Lease is valid and legal agreement binding on such party and enforceable in accordance with its terms. q. No waiver or breach of any provision of this Lease shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be in effective unless made in writing. r. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risk to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your County public health unit. s. This Lease may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Lease. The parties shall be entitled to sign and transmit an electronic signature of this Lease (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Lease upon request. [Remainder of page intentionally left blank; signature page on the next page] Page 9 of 10 DocuSign Envelope ID: B1648D4C-50E8-4E13-8BD5-AD018FCCBE36 Lease Agreement MLK EDC City of Miami IN WITNESS WHEREOF, LANDLORD and TENANT have executed this instrument for the purposes herein expressed, the day and year written below: WITNESS AS TO LANDLORD: By: —DocuSiigneed by: 6U04-t"pt,yyoanuary 24, 2023 �A'54BE2UE B'6F21 b 5... Webster Pierre, Office Manager PRINT NAME: ATTEST: By: Webster Pierre LANDLORD: Martin Luther King Economic Development Corporations a S loaid.a not for profit corporation I 09:22:23 EST y. 6=58t6'52'so6Ac47Y13 Amina M. McNeil, Esq. President/CEO Date: January 20, 2023 1 16:04:30 EST DocuSigned by: DocuSigned by: E46D7560DCF1459... Todd B. Hannon City Clerk APPROVED AS TO INSURANCE REQUIREMENTS: DocuSigned by: By: I FratAk 'E21-4E7... Ann -Marie Sharpe, Director TENANT: Risk Management Department CITY OF MIAMI, a municipal corporation of the State of Florida DocuSigned by: Ar4 NorieSa. By'5oerec372a 1542A... Art Noriega V City Manager Date: February 2, 2023 1 09:50:15 EST APPROVED AS TO LEGAL FORM & CORRECTNESS: By: ,—DocuSigned by: '— F1 EF9157kFdFE04,7... Victoria Mendez City Attorney DS Matter ID#22-487KF%� January 30, 2023 1 13:25:50 EST Page 10 of 10 DocuSign Envelope ID: B1648D4C-50E8-4E13-8BD5-AD018FCCBE36 City of Miami Resolution R-22-0176 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 11789 Final Action Date: 5/12/2022 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A LEASE AGREEMENT ("LEASE") BETWEEN THE CITY OF MIAMI ("CITY") AND MARTIN LUTHER KING ECONOMIC DEVELOPMENT CORPORATION, A FLORIDA NOT FOR PROFIT CORPORATION ("LESSOR"), FOR THE CITY'S USE OF APPROXIMATELY ONE THOUSAND, FIVE HUNDRED (1,500) SQUARE FEET OF OFFICE SPACE ("PREMISES") FOR AN INITIAL PERIOD OF FOUR (4) YEARS WITH ONE (1) FOUR (4) YEAR OPTION TO RENEW, PLUS A MONTH TO MONTH CARRY OVER PROVISION, FOR THE PURPOSE OF PROVIDING SPACE FOR A DISTRICT OFFICE FOR CITY COMMISSION DISTRICT 5 WITH A MONTHLY RENT OF TWO THOUSAND, FIVE HUNDRED DOLLARS ($2,500.00) ($20.00 PER SQUARE FOOT), WITH AN OPTION FOR THE LESSOR TO INCREASE THE INITIAL RENTAL RATE A MAXIMUM OF THREE PERCENT (3%) ANNUALLY DURING THE TERM OF THE LEASE, WITH ADDITIONAL TERMS AND CONDITIONS INCLUDED IN THE LESSOR'S LETTER OF INTENT TO BE NEGOTIATED, ATTACHED AND INCORPORATED AS EXHIBIT "A;" FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY AGREEMENTS, DOCUMENTS, MODIFICATIONS, AND AMENDMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; ALLOCATING FUNDS FROM THE DISTRICT 5 COMMISSIONER'S BUDGET WITH TERMS AND CONDITIONS TO BE MORE SPECIFICALLY SET FORTH IN SAID LEASE. SPONSOR(S): Commissioner Christine King WHEREAS, pursuant to Resolution No. R-22-0079 adopted on February 24, 2022, the City Commission provided funding, inter alia, to the District 5 Commission Office for the establishment of District Offices; and WHEREAS, District Offices will provide constituent services to City residents closer to their neighborhoods and homes; and WHEREAS, the City wishes to secure office space to establish a district office in City Commission District 5 ("District 5"); and WHEREAS, Martin Luther King Economic Development Corporation, a Florida Not for Profit Corporation ("Lessor") has one thousand, five hundred (1,500) square feet of available office space located at 6140B Northwest 7th Avenue, Miami, Florida 33127 ("Premises") for use as a district office; and City of Miami Page 1 of 2 File ID: 11789 (Revision: A) Printed On: 6/1/2022 DocuSign Envelope ID: B1648D4C-50E8-4E13-8BD5-AD018FCCBE36 File ID: 11789 Enactment Number: R-22-0176 WHEREAS, the City wishes to enter into a lease agreement ("Lease") with the Lessor for use of the Premises as a district office in District 5; and WHEREAS, the proposed Lease is for an initial four (4) year term with one (1) four (4) year option to renew, plus a month to month carry over provision, at a rental rate of Twenty Dollars ($20.00) per square foot for a total monthly amount of Two Thousand, Five Hundred Dollars ($2,500.00) ("Rental Rate"), with an option for the Lessor to increase the initial Rental Rate a maximum of three percent (3%) annually during the term of the Lease, with additional terms and conditions included in the Lessor's Letter of Intent to be negotiated, attached and incorporated as Exhibit "A;" 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 hereby authorized' to negotiate and execute a Lease between the City and the Lessor for a period of four (4) years with one (1) four (4) year option to renew, plus a month to month carry over provision, for the City's use of the Premises for the purpose of providing space for a district office for District 5 at a rental rate of Twenty Dollars ($20.00) per square foot for a total monthly amount of Two Thousand, Five Hundred Dollars ($2,500.00), with an option for the Lessor to increase the initial Rental Rate a maximum of three percent (3%) annually during the term of the Lease, with additional terms and conditions included in the Lessor's Letter of Intent to be negotiated, attached and incorporated as Exhibit "A. 11 Section 3. The City Manager is further authorized1 to negotiate and execute any and all other necessary agreements, documents, modifications, and amendments, all in forms acceptable to the City Attorney, for said purpose. Section 4. Funds are to be allocated from the District 5 Commissioner's budget with terms and conditions to be more specifically set forth in said Lease. Section 5. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: ' ndez, City Attor iey 5/3/2022 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. City of Miami Page 2 of 2 File ID: 11789 (Revision: A) Printed on: 6/1/2022 DocuSign Envelope ID: B1648D4C-50E8-4E13-8BD5-AD018FCCBE36 OFFICE OF THE PROPERTY APPRAISER Summary Report Property Information Folio: 01-3114-037-0010 Property Address: 6100 NW 7 AVE Miami, FL 33127-4332 Owner MARTIN LUTHER KING ECONOMIC DEVP CORP Mailing Address 6116 NW 7 AVE MIAMI, FL 33127-1112 PA Primary Zone 6100 COMMERCIAL - NEIGHBORHOOD Primary Land Use 1713 OFFICE BUILDING - ONE STORY : OFFICE BUILDING Beds / Baths / Half 0/0/0 Floors 1 Living Units 0 Actual Area Sq.Ft Living Area Sq.Ft Adjusted Area 32,874 Sq.Ft Lot Size 54,731 Sq.Ft Year Built 1930 Assessment Information Year 2022 2021 2020 Land Value $2,189,240 $1,641,930 $985,158 Building Value $10,000 $208,070 $964,842 XF Value $0 $0 $0 Market Value $2,199,240 $1,850,000 $1,950,000 Assessed Value $2,035,000 $1,850,000 $1,950,000 Benefits Information Benefit Type 2022 2021 2020 Non -Homestead Cap Assessment Reduction $164,240 Charitable Exemption $1,481,277 $1,346,615 $1,419,405 Note: Not all benefi s are applicable to all Taxable Va ues (i.e. County, School Board, City, Regional). Short Legal Description BAYAMI PK PB 13-68 LOTS 1 THRU 7 INC & E3OFT LOT 8 & LOTS 25 & 26 BLK 1 LOT SIZE IRREGULAR OR 14312-279 0589 4 Generated On : 11/9/2022 Taxable Value Information 2022 2021 2020 County Exemption Value $1,481,277 $1,346,615 $1,419,405 Taxable Value $553,723 $503,385 $530,595 School Board Exemption Value $1,600,827 $1,346,615 $1,419,405 Taxable Value $598,413 $503,385 $530,595 City Exemption Value $1,481,277 $1,346,615 $1,419,405 Taxable Value $553,723 $503,385 $530,595 Regional Exemption Value $1,481,277 $1,346,615 $1,419,405 Taxable Value $553,723 $503,385 $530,595 Sales Information Previous Sale Price OR Book- Page Qualification Description 03/01/1977 $56,500 09642- 0557 Sales which are disqualified as a result of examination of the deed The Office of the Property Appraiser is continually editing and updating the tax roll. This website may not reflect the most current information on record. The Property Appraiser and Miami -Dade County assumes no liability, see full disclaimer and User Agreement at http://www.miamidade.gov/info/disclaimer.asp Version: DocuSign Envelope ID: B1648D4C-50E8-4E13-8BD5-AD018FCCBE36 Detail by Entity Name DIVISION OF CORPORATIONS �r DIY13I �'1 J r f } j y�P0 f, A r'rg[1l2 aue faitivial of !lurlflss sveb iie Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Not For Profit Corporation MARTIN LUTHER KING ECONOMIC DEVELOPMENT CORPORATION Filing Information Document Number 734428 FEI/EIN Number 59-2042422 Date Filed 11/25/1975 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 12/14/2017 Event Effective Date NONE Principal Address 6114 NW 7TH AVENUE MIAMI, FL 33127 Changed: 08/16/2004 Mailing Address 6114 NW 7TH AVENUE MIAMI, FL 33127 Changed: 02/04/2009 Registered Agent Name & Address McNeil, Amina Monique, Esq. 6114 NW 7TH AVENUE MIAMI, FL 33127 Name Changed: 09/17/2022 Address Changed: 02/10/2012 Officer/Director Detail https://search.sunbiz.org/Inquiry/CorporationSearch/Search ResultDetail?inquirytype=EntityName&directionType=Initial&search NameOrder=MARTI NL.. 1/3 DocuSign Envelope ID: B1648D4C-50E8-4E13-8BD5-AD018FCCBE36 Name & Address Detail by Entity Name Title CHAIR HARDEMON, BILLY 655 NW 48th Street Miami, FL 33127 Title VICE CHAIR STEWART, HELEN 5900 NW 7th Avenue Apt. #300 Miami, FL 33127 Title President, CEO MCNEIL, AMINA Monique, Esq. 1026 SW 27 Avenue Hollywood, FL 33020 Title TREASURER Jennings, Clevell 14910 South River Drive Miami, FL 33167 Title BOARDMEMBER Neree, Dufirstson Julio, ESQ. 400 NW 52 Street Miami, FL 33127 Title Secretary FORDE, JASON 2121 NW 189 Terrace Miami Gardens, FL 33056 Annual Reports Report Year Filed Date 2022 01/11/2022 2022 02/01/2022 2022 09/17/2022 Document Images 09/17/2022 --AMENDED ANNUAL REPORT 02/01/2022 -- AMENDED ANNUAL REPORT 01/11/2022 --ANNUAL REPORT 12/03/2021 --AMENDED ANNUAL REPORT View image in PDF format View image in PDF format View image in PDF format View image in PDF format https://search.sunbiz.org/Inquiry/CorporationSearch/Search ResultDetail?inquirytype=EntityName&directionType=Initial&search NameOrder=MARTI NL.. 2/3 DocuSign Envelope ID: B1648D4C-50E8-4E13-8BD5-AD018FCCBE36 Detail by Entity Name 11/29/2021-- AMENDED ANNUAL REPORT 04/19/2021 -- ANNUAL REPORT 04/14/2020 --ANNUAL REPORT 02/25/2019 --ANNUAL REPORT 01/12/2018 --ANNUAL REPORT 12/14/2017 -- Amendment 07/25/2017 --Amendment 01/30/2017 --ANNUAL REPORT 04/18/2016 --ANNUAL REPORT 04/23/2015 --ANNUAL REPORT 01/08/2014 --ANNUAL REPORT 04/29/2013 --ANNUAL REPORT 02/10/2012 --ANNUAL REPORT 05/02/2011 --ANNUAL REPORT 03/31 /2010 -- ANNUAL REPORT 10/21 /2009 -- ANNUAL REPORT 02/04/2009 --ANNUAL REPORT 05/28/2008 --ANNUAL REPORT 02/07/2007 --ANNUAL REPORT 04/29/2006 --ANNUAL REPORT 05/19/2005 --ANNUAL REPORT 08/16/2004 --ANNUAL REPORT 10/16/2003 --ANNUAL REPORT 05/01/2002 -- ANNUAL REPORT 10/15/2001 --Amendment 05/17/2001 --ANNUAL REPORT 05/30/2000 --ANNUAL REPORT 07/20/1999 --ANNUAL REPORT 05/05/1998 --ANNUAL REPORT 02/13/1997 --ANNUAL REPORT 03/14/1996 --ANNUAL REPORT View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format Florida Department of State, Division of Corporations https://search.sunbiz.org/Inquiry/CorporationSearch/Search ResultDetail?inquirytype=EntityName&directionType=Initial&search NameOrder=MARTI NL... 3/3 Olivera, Rosemary From: Rivers, Michael Sent: Tuesday, February 7, 2023 11:09 AM To: Lee, Denise; Olivera, Rosemary Cc: Hannon, Todd; Frey, Andrew; Lila, Sandy; Salvatore, Jason Subject: Matter ID # 22-487K Martin Luther King Economic Development (MLKEDU) Executed Agreement - 2/2/2023 Attachments: Complete_with_DocuSign_Complete_Routing_Pack (1).pdf Good morning, Please find attached the fully executed copy of an agreement from DocuSign that is to be considered an original agreement for your records. Matter ID # 22-487K Martin Luther King Economic Development (MLKEDU) Executed Agreement — 2/2/2023. Regards, Michael Rivers, Special Project Asst. Real Estate & Asset Management City of Miami 444 SW 2nd Ave, 3rd Floor Miami, FI 33130 mrivers@miamigov.com i