HomeMy WebLinkAboutR-17-0382opCity of Miami
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Legislation
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Resolution R-17-0382
File Number: 2276
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 7/27/2017
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED
PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY
MANAGER'S DETERMINATIONS, FINDINGS, AND RECOMMENDATIONS,
ATTACHED AND INCORPORATED AS ATTACHMENT "A," IN ACCORDANCE
WITH SECTION 18-182 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED ("CITY CODE"), WAIVING THE REQUIREMENTS (A) FOR SAID
PROCEDURES AND (B) FOR A RETURN TO THE CITY OF MIAMI ("CITY") OF
FAIR MARKET VALUE; AUTHORIZING THE CITY MANAGER TO EXECUTE A
SUBLEASE AGREEMENT ("SUBLEASE"), IN SUBSTANTIALLY THE ATTACHED
FORM, BETWEEN THE CITY AND NKMIA, LLC, A DELAWARE LIMITED
LIABILITY COMPANY ("NKMIA"), FOR PREMISES LOCATED UNDERNEATH
THE NORTHWEST 12TH AVENUE BRIDGE, REQUIRING THAT THIRTY FIVE
PERCENT (35%) OF THE JOBS CREATED BY NKMIA BE SET ASIDE FOR CITY
RESIDENTS WITH AN INDEPENDENT THIRD PARTY, PROPERLY LICENSED
PURSUANT TO CHAPTER 473, FLORIDA STATUTES, AND POSSESSING A
MINIMUM OF TWO (2) YEARS EXPERIENCE IN CONTRACTS' COMPLIANCE,
AUDITING, PERSONNEL ADMINISTRATION, OR PAYROLL ENFORCEMENT,
FOR VERIFYING AND CONFIRMING MONTHLY COMPLIANCE WITH SAID JOB
CREATION REQUIREMENT, AT THE SOLE COST OF NKMIA, WITH PAYMENT
OF A PENALTY TO THE CITY EQUAL TO THE MONTHLY FAIR MARKET
VALUE OF THE PARKING SPACES ALLOTTED TO NKMIA PER EACH MONTH
OF NONCOMPLIANCE, WITH TERMS AND CONDITIONS MORE
PARTICULARLY DESCRIBED IN THE SUBLEASE, ATTACHED AND
INCORPORATED AS ATTACHMENT "B," WHICH TERMS MAY BE AMENDED
BY THE CITY MANAGER, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
AS MAY BE NECESSARY IN ORDER TO MEET THE BEST INTEREST OF THE
CITY.
WHEREAS, the City of Miami ("City") is proposing via a separate Resolution to enter into
a new lease agreement ("New Lease") with the Florida Department of Transportation ("FDOT")
for the property located underneath the Northwest 12th Avenue bridge, also known as FDOT
Parcel 4454 ("Property"); and
WHEREAS, the City's Fire -Rescue Department ("Department") has been using the
Property for equipment storage and emergency vehicle parking; and
WHEREAS, fashion designer Naeem Khan is relocating his New York -based corporate
headquarters, NKMIA, LLC, a Delaware Limited Liability Company ("NKMIA") to the City,
specifically to the adjacent Miami -Dade County ("County") owned property located at 1175
Northwest South River Drive ("County -owned Property") for ninety (90) years; and
WHEREAS, NKMIA received approval for the construction of two (2) buildings that will
house the corporate headquarters, a manufacturing facility, and a fashion school; and
City of Miami Page 1 of 3 File ID: 2276 (Revision: 8) Printed On: 11/17/2017
File ID: 2276 Enactment Number: R-17-0382
WHEREAS, NKMIA has requested that the City sublease the Property to NKMIA for its
parking related needs; and
WHEREAS, as a term of the New Lease, FDOT agreed to allow the City to enter into a
Sublease Agreement ("Sublease"), in substantially the attached form, with NKMIA for the use of
the Property for its parking related needs; and
WHEREAS, it is the mutual desire of the City and NKMIA that the Property be subleased
for the parking related purposes set forth in the Sublease, subject to and upon the express
terms and conditions contained therein; and
WHEREAS, the City desires to assist with the proposed Sublease of the Property for
parking related purposes and the City Manager has determined, found, and recommended in
his memorandum attached and incorporated as Attachment "A," that in accordance with Section
18-182 of the Code of the City of Miami, Florida, as amended ("City Code"), the proposed
Sublease of the Property is in the best interests of the City; and
WHEREAS, the City's Sublease with NKMIA encompasses the whole of the Property
and includes retention of a certain number of parking spaces for use by the Department; and
WHEREAS, a four-fifths (4/5ths) affirmative vote of the City Commission is required for
waiver of the (a) procedures and (b) the requirement of a financial return to the City for the
Sublease of the Property when accomplished for a purchase price which is less than fair market
value; and
WHEREAS, thirty-five percent (35%) of the jobs created by NKMIA would be set aside
for City residents with an independent third party, properly licensed pursuant to Chapter 473,
Florida Statutes, and possessing a minimum of two (2) years' experience in contracts'
compliance, auditing, personnel administration, or payroll enforcement, verifying and confirming
monthly compliance with said job creation requirement, at the sole cost of NKMIA, with payment
of a penalty to the City equal to the monthly fair market value of the parking spaces allotted to
NKMIA per each month of noncompliance;
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 if fully set forth in this Section.
Section 2. Pursuant to a four-fifths (4/5ths) affirmative vote, after an advertised public
hearing, ratifying, approving, and confirming the City Manager's determinations, findings, and
recommendations, attached and incorporated as Attachment "A," in accordance with Section
18-182 of City Code, as amended, waiving the required (a) procedures and (b) requirements of
return to the City of fair market value, are waived.
Section 3. The City Manager is authorized' to execute the Sublease, in substantially the
attached form, with NKMIA for the Property, providing that thirty-five percent (35%) of the jobs
created by NKMIA shall be set aside for City residents and that compliance with said
'The herein authorization is further subject to compliance with all requirements that may be imposed by
the City Attorney, including but not limited to, those prescribed by applicable City Charter and City Code
provisions.
City of Miami Page 2 of 3 File ID: 2276 (Revision: 8) Printed on: 11/17/2017
File ID: 2276 Enactment Number: R-17-0382
requirement be confirmed by an independent third party, properly licensed pursuant to Chapter
473, Florida Statutes, and possessing a minimum of two (2) years' of experience in contract
compliance, auditing, personnel administration, or payroll enforcement, for verification and
confirmation of monthly compliance with said job creation requirement, at the sole cost of
NKMIA, with payment of a penalty to the City equal to the monthly fair market value of the
parking spaces allotted to NKMIA per each month of noncompliance, with terms and conditions
as more particularly described in the Sublease, attached and incorporated as Attachment "B,"
which terms may be amended by the City Manager, in a form acceptable to the City Attorney, as
may be necessary in order to meet the best interests of the City.
Section 3. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
1
i ria i "ndez, Gity Attor ey 11/2/2017
2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten 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.
City of Miami Page 3 of 3 File ID: 2276 (Revision: 8) Printed on: 1111712017