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HomeMy WebLinkAboutAgenda Item Summary Form",A1' UF..4y AGENDA ITEM SUMMARY FORM File ID: #1134 Date: Requesting Department: Department of Real Estate and Asset Management Commission Meeting Date: 10/27/2016 Sponsored By: District Impacted: District 5 Type: Resolution Subject: Amend Lease Agrmt - Overtown Youth Center Purpose of Item: A Resolution of the Miami City Commission, with attachment(s), authorizing the City Manager to execute an Amendment, in substantially the attached form, extending the existing Lease Agreement between the City of Miami and the Overtown Youth Center, Inc. by an additional 30 years, for the continued use of a portion of Gibson Park, located at 450 NW 14th Street, Miami, Florida. Background of Item: The City of Miami ("City") and the Overtown Youth Center, a not-for-profit corporation of the State of Florida entered into a Lease Agreement dated February 28, 2001, for a term of five (5) years (the "Initial Term") which was for the period February 28, 2001 through February 28, 2006. Lessee has the option to extend the term of the Lease Agreement for five (5) additional five (5) year periods (the "Additional Term"), which shall be for the period February 28, 2006 through February 28, 2031 as long as the Lessee is not in default of any of the Lease provisions. Lessee was granted an extension of the Lease by five (5) years above and beyond its remaining fifteen (15) year duration for the requested total period of twenty (20) years through February 28, 2036. Lessee has outgrown the building located on a portion of Gibson Park and wishes to demolish the building and build a larger building upon the same footprint. Lessee is willing to raise the funds necessary to fund the demolition and construct the new facility but needs an extension of the Lease Agreement in order to obtain the required funds. Lessee is requesting an extension of the Lease Agreement by an additional 30 years for a total remaining term of approximately 50 years. Lessee will have 2 years from the execution of this Amendment to provide evidence of the funding necessary to complete the project and begin the demolition of the existing facility and will have 5 years from the execution of this Amendment to complete the construction of the new facility as evidenced by a Certificate of Occupancy or Temporary Certificate of Occupancy or this Amendment shall become null and void. Budget Impact Analysis Item has NO budget impact Item is NOT funded by Bonds Item is NOT Related to Revenue Total Fiscal Impact: $0 Reviewed By Real Estate and Asset Management Aldo Bustamante Office of Management and Budget Everton Garvis Office of Management and Budget Christopher M Rose City Manager's Office Alberto N. Parjus City Manager's Office Daniel J. Alfonso Legislative Division Valentin J Alvarez Office of the City Attorney Nicole Ewan Office of the City Attorney Nicole Ewan City Commission Nicole Ewan Office of the Mayor Mayor's Office Office of the City Clerk City Clerk's Office Legislative Division Valentin J Alvarez Office of the City Attorney Barnaby L. Min Office of the City Attorney Barnaby L. Min Department Head Review Completed Budget Analyst Review Completed Budget Review Completed Assitant City Manager Review Completed City Manager Review Completed Legislative Division Review Completed Deputy City Attorney Review Skipped Approved as to Form and Correctness Meeting Completed Signed by the Mayor Completed Signed and Attested by the City Clerk Completed Legislative Division Review Completed Deputy Attorney Review Completed Approved Form and Correctness with Modification(s) 10/13/2016 11:20 AM 10/17/2016 10:10 AM 10/17/2016 2:56 PM 10/17/2016 3:18 PM 10/18/2016 2:48 PM 10/24/2016 3:07 PM 10/27/2016 7:53 AM Skipped 10/27/2016 9:00 AM 11/04/2016 5:28 PM 11/04/2016 6:16 PM 12/15/2016 3:21 PM 12/15/2016 4:12 PM Completed A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND BOND COUNSEL, AMENDMENT NO. 2 ("AMENDMENT") TO THE EXISTING LEASE AGREEMENT BETWEEN THE CITY OF MIAMI ("CITY") AND THE OVERTOWN YOUTH CENTER, INC. ("OVERTOWN YOUTH CENTER"), A FLORIDA NOT FOR PROFIT CORPORATION, DATED FEBRUARY 28, 2001, ("LEASE") IN COMPLIANCE WITH INTERNAL REVENUE SERVICE SAFE HARBOR RULES AND PURSUANT TO AN EXEMPTION GRANTED UNDER SECTION 29-B OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, FOR THE LEASING OF APPROXIMATELY FIFTY SEVEN THOUSAND THREE HUNDRED SIXTEEN (57,316) SQUARE FEET OF THE CITY'S PROPERTY LOCATED AT GIBSON PARK, 380 NORTHWEST 14TH STREET, MIAMI, FLORIDA, FOR THE NON-EXCLUSIVE PROVISION OF PUBLIC EDUCATIONAL AND RECREATIONAL OPPORTUNITIES, AT NO COST, TO THE INNER CITY YOUTH AND THEIR FAMILIES RESIDING IN THE OVERTOWN AREA, WITH SAID AMENDMENT PROVIDING FOR AN EXTENSION OF THIRTY (30) ADDITIONAL YEARS ABOVE AND BEYOND THE REMAINING APPROXIMATE TWENTY (20) YEAR TERM OF THE LEASE FOR A TOTAL REMAINING TERM OF APPROXIMATELY FIFTY (50) YEARS, IN EXCHANGE FOR AN INVESTMENT BY THE OVERTOWN YOUTH CENTER OF NO LESS THAN TWO MILLION FIVE HUNDRED THOUSAND DOLLARS ($2,500,000.00) FOR THE CONSTRUCTION OF A NEW FACILITY. WHEREAS, the City of Miami ("City") and the Overtown Youth Center, Inc. ("Overtown Youth Center'), a Florida not-for-profit corporation, entered into a Lease Agreement dated February 28, 2001, ("Lease") for the use of approximately fifty seven thousand three hundred sixteen (57,316) square feet of the City's property located at Gibson Park, 380 Northwest 14th Street, Miami, Florida for the non-exclusive provision of public educational and recreational opportunities, at no cost, to the inner City youth and their families residing in the Overtown area; and WHEREAS, said Lease was executed in compliance with Internal Revenue Service Safe Harbor Rules and pursuant to Section 29-B of the Charter of the City of Miami, Florida, as amended, ("City Charter'), granting an exemption from the competitive bidding process established for a disposition to implement projects authorized under the Florida Community Redevelopment Act of 1969 as provided by Part III, Chapter 163, Florida Statutes, as amended; and WHEREAS, the Initial Term of the Lease was for the period of February 28, 2001 through February 28, 2006 with five (5) option to extend periods of five (5) years each; and WHEREAS, pursuant to Resolution No. 15-0507, as approved by the City Commission November 19, 2015, the City Manager was authorized to negotiate and execute Amendment -,IV ov . City of Miami City Hall IIS iit A4to � „1,l ,a Legislation 3500 Pan American Drive r —R �� Miami, FL 33133 Resolution www.miamigov.com Enactment Number: R-16-0520 File Number: 1134 Final Action Date:10/27/2016 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND BOND COUNSEL, AMENDMENT NO. 2 ("AMENDMENT") TO THE EXISTING LEASE AGREEMENT BETWEEN THE CITY OF MIAMI ("CITY") AND THE OVERTOWN YOUTH CENTER, INC. ("OVERTOWN YOUTH CENTER"), A FLORIDA NOT FOR PROFIT CORPORATION, DATED FEBRUARY 28, 2001, ("LEASE") IN COMPLIANCE WITH INTERNAL REVENUE SERVICE SAFE HARBOR RULES AND PURSUANT TO AN EXEMPTION GRANTED UNDER SECTION 29-B OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, FOR THE LEASING OF APPROXIMATELY FIFTY SEVEN THOUSAND THREE HUNDRED SIXTEEN (57,316) SQUARE FEET OF THE CITY'S PROPERTY LOCATED AT GIBSON PARK, 380 NORTHWEST 14TH STREET, MIAMI, FLORIDA, FOR THE NON-EXCLUSIVE PROVISION OF PUBLIC EDUCATIONAL AND RECREATIONAL OPPORTUNITIES, AT NO COST, TO THE INNER CITY YOUTH AND THEIR FAMILIES RESIDING IN THE OVERTOWN AREA, WITH SAID AMENDMENT PROVIDING FOR AN EXTENSION OF THIRTY (30) ADDITIONAL YEARS ABOVE AND BEYOND THE REMAINING APPROXIMATE TWENTY (20) YEAR TERM OF THE LEASE FOR A TOTAL REMAINING TERM OF APPROXIMATELY FIFTY (50) YEARS, IN EXCHANGE FOR AN INVESTMENT BY THE OVERTOWN YOUTH CENTER OF NO LESS THAN TWO MILLION FIVE HUNDRED THOUSAND DOLLARS ($2,500,000.00) FOR THE CONSTRUCTION OF A NEW FACILITY. WHEREAS, the City of Miami ("City") and the Overtown Youth Center, Inc. ("Overtown Youth Center'), a Florida not-for-profit corporation, entered into a Lease Agreement dated February 28, 2001, ("Lease") for the use of approximately fifty seven thousand three hundred sixteen (57,316) square feet of the City's property located at Gibson Park, 380 Northwest 14th Street, Miami, Florida for the non-exclusive provision of public educational and recreational opportunities, at no cost, to the inner City youth and their families residing in the Overtown area; and WHEREAS, said Lease was executed in compliance with Internal Revenue Service Safe Harbor Rules and pursuant to Section 29-B of the Charter of the City of Miami, Florida, as amended, ("City Charter'), granting an exemption from the competitive bidding process established for a disposition to implement projects authorized under the Florida Community Redevelopment Act of 1969 as provided by Part III, Chapter 163, Florida Statutes, as amended; and WHEREAS, the Initial Term of the Lease was for the period of February 28, 2001 through February 28, 2006 with five (5) option to extend periods of five (5) years each; and WHEREAS, pursuant to Resolution No. 15-0507, as approved by the City Commission November 19, 2015, the City Manager was authorized to negotiate and execute Amendment No. 1 to the Lease providing an extension of five (5) additional years above and beyond the then remaining fifteen (15) year duration for a then total remaining term of approximately twenty (20) years commencing on the possession date and expiring February 28, 2036, unless sooner terminated in accordance with the Lease; and WHEREAS, the Overtown Youth Center has outgrown the current facility located at Gibson Park and wishes to invest no less than two million five hundred thousand dollars ($2,500,000.00) to demolish the existing building and construct a new larger facility upon the same footprint; and WHEREAS, the Overtown Youth Center shall raise the funds necessary for the demolition and construction of a new facility and requires an extension of the Lease by an additional thirty (30) years for a total remaining term of approximately fifty (50) years in order to obtain the required funding; and WHEREAS, the Overtown Youth Center shall have two (2) years from the execution of Amendment No. 2 ("Amendment") to the Lease for provision of evidence of funding necessary for completion of the project; a separate bank account for the holding of said funds; a minimum percentage of said funds within a timeframe to be determined by the City; all documents necessary for the City's audit of the project; facility designs subject to City approval; a bonded contractor free and clear of all liens; construction in accord with all applicable state, county and City statutes, codes, and requirements; all required permits; and assurance that all construction shall be completed within five (5) years of execution of the Amendment as evidenced by a Certificate of Occupancy or Temporary Certificate of Occupancy; and WHEREAS, failure to accomplish any of the conditions listed herein shall immediately render this Amendment null and void; 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. Section 2. The City Manager is authorized' to negotiate and execute, in a form acceptable to the City Attorney and Bond Counsel, the Amendment to the existing Lease in compliance with Internal Revenue Service Safe Harbor Rules and pursuant to an exemption granted under City Charter Section 29-B, as amended, for the leasing of approximately fifty seven thousand three hundred sixteen (57,316) square feet of the City's property located at Gibson Park, 380 Northwest 14th Street, Miami, Florida, for the non-exclusive provision of public educational and recreational opportunities, at no cost, to the inner City youth and their families residing in the Overtown area, with said Amendment providing for an extension of thirty (30) additional years above and beyond the remaining approximate twenty (20) year term of the Lease for a total remaining term of approximately fifty (50) years, in exchange for an investment by the Overtown Youth Center of no less than two million five hundred thousand dollars ($2,500,000.00) for the construction of a new facility. ' 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 Commission. Section 3. This Resolution shall become effective immediately upon adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: 2 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 Code provisions.