HomeMy WebLinkAboutR-16-0520City of Miami
Legislation
Resolution: R-16-0520
File Number: 1134
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
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
City of Miami Page 1 of 3 File ID: 1134 (Revision: A) Printed On: 6/7/2018
File ID: 1134 Enactment Number: R-16-0520
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.
City of Miami Page 2 of 3 File ID: 1134 (Revision: A) Printed on: 6/7/2018
File ID: 1134
Enactment Number: R-16-0520
Section 3. This Resolution shall become effective immediately upon adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
Barnaby L. Min, Deputy City Attorney 1/9/2017
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.
City of Miami Page 3 of 3 File ID: 1134 (Revision: A) Printed on: 6/7/2018