Legislative Matter

Miami-Dade Legislative Item
File Number: 111079

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Clerk's Official Copy

File Number: 111079

File Type: Resolution

Status: Adopted

Version: 0

Reference: R-1046-11

Control: Board of County Commissioners

File Name: LEASE AGREEMENT WITH CORAL REEF CENTER

Introduced: 5/13/2011

Requester: General Services Administration

Cost:

Final Action: 12/6/2011

Agenda Date: 12/6/2011

Agenda Item Number: 8F5

Notes:

Item has supplement 112412

Title:

RESOLUTION AUTHORIZING EXECUTION OF A LEASE AGREEMENT AT 15433 S.W. 137 AVENUE, MIAMI, WITH CORAL REEF CENTER, LTD., A FLORIDA LIMITED PARTNERSHIP, FOR PREMISES TO BE UTILIZED BY THE MIAMI-DADE COUNTY PUBLIC LIBRARY SYSTEM TO HOUSE ITS COUNTRY WALK BRANCH LIBRARY, WITH TOTAL FISCAL IMPACT TO THE COUNTY NOT TO EXCEED $422,825.19 FOR THE FIVE YEAR TERM OF THE LEASE AGREEMENT AND THE FIVE-YEAR RENEWAL OPTION PERIOD; AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO EXERCISE ANY AND ALL OTHER RIGHTS CONFERRED THEREIN

Indexes:

LEASE AGREEMENT

Sponsors:

NONE

Sunset Provision: No

Effective Date:

Expiration Date:

Registered Lobbyist:

None Listed

Legislative History
Acting Body	Date	Agenda Item	Action	Sent To	Due Date	Returned	Pass/Fail

Board of County Commissioners	12/6/2011	8F5	Adopted				P

County Attorney	11/23/2011		Assigned	Juliette Antoine	11/23/2011

County Mayor	11/16/2011		Assigned	County Attorney	12/6/2011
REPORT:	Internal Services - Juliette Antoine - no sponsor - Attachment: Lease Agreement

County Attorney	7/19/2011		Referred	County Mayor	7/20/2011
REPORT:	Item returned to Agenda Coordinator.

Board of County Commissioners	7/7/2011	8F1A	Deferred				P
REPORT:	During consideration of the changes to today’s (7/7) agenda, the foregoing proposed resolution was deferred to no date certain, as requested by the County Manager.

County Attorney	6/21/2011		Assigned	Juliette Antoine		6/21/2011

County Manager	6/15/2011		Assigned	County Attorney	7/7/2011
REPORT:	GSA (REVISED TO CORRECT SCRIVENER'S ERRORS)

Internal Mgmt. & Fiscal Responsibility Committee	6/14/2011	3I	Forwarded to BCC with a favorable recommendation as corrected				P
REPORT:	Assistant County Attorney Jess McCarty read the foregoing proposed resolution into the record. Ms. Wendi Norris, Director, General Services Administration, noted a scrivener’s error existing in the County Manager’s Memorandum, in this proposed resolution, and in the Lease Agreement, should be corrected to replace “Early Childhood Literacy Program” with “Country Walk Branch Library,” as noted in the County Manager’s Changes Memorandum dated June 14, 2011. Commissioner Diaz questioned the Hialeah Gardens Library status. Mr. Raymond Santiago, Director, Miami-Dade Public Library System, responded that the Hialeah Gardens Library was among four deferred projects due to insufficient financial resources. He noted that the land was currently used by the City of Hialeah Gardens for recreational purposes. Commissioner Diaz commented that this project was promised to the community for almost nine years, and emphasized the importance of the County fulfilling its commitments. Ms. Jennifer Glazer-Moon, Director, Office of Strategic Business Management, explained that projects were deferred based upon declining property tax roll. She said that resources were not currently available for these projects. Commissioner Diaz noted that he was advised that prior commitments would be fulfilled before any new projects were started. Mr. Santiago informed Commissioner Diaz that projects currently in-progress were initiated before the proposed Hialeah Gardens Library, and the proposal before the Committee today (6/14) was the renewal of a lease for the Country Walk Branch Library, which dated back to 2001. Commissioner Diaz noted his primary concern was responding to the needs of his constituency, noting the two deferred projects were located within his District. He reminded members of the Administration that the City of Hialeah Gardens committed financial resources to support the library upon its completion. Commissioner Diaz and Chairwoman Bell asked Mr. Santiago to provide the Committee with a status report on the library construction projects along with the construction priorities. Hearing no further questions or comments, the Committee proceeded to vote on the foregoing proposed resolution as corrected.

County Manager	6/13/2011		Scrivener's Errors	Internal Mgmt. & Fiscal Responsibility Committee	6/13/2011
REPORT:	In the Manager's Memorandum, Resolution and Lease Agreement, the name of the program, Early Childhood Literacy Program should be replaced with: Country Walk Branch Library.

County Attorney	5/17/2011		Assigned	Juliette Antoine	5/17/2011

County Manager	5/13/2011		Assigned	Wendi Norris		5/13/2011

County Manager	5/13/2011		Assigned	County Attorney	7/7/2011
REPORT:	GSA - Juliette Antoine assisted - no sponsor - Pending Cmte - Attachment: Lease Agreement

Legislative Text

TITLE
RESOLUTION AUTHORIZING EXECUTION OF A LEASE AGREEMENT AT 15433 S.W. 137 AVENUE, MIAMI, WITH CORAL REEF CENTER, LTD., A FLORIDA LIMITED PARTNERSHIP, FOR PREMISES TO BE UTILIZED BY THE MIAMI-DADE COUNTY PUBLIC LIBRARY SYSTEM TO HOUSE ITS COUNTRY WALK BRANCH LIBRARY, WITH TOTAL FISCAL IMPACT TO THE COUNTY NOT TO EXCEED $422,825.19 FOR THE FIVE YEAR TERM OF THE LEASE AGREEMENT AND THE FIVE-YEAR RENEWAL OPTION PERIOD; AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO EXERCISE ANY AND ALL OTHER RIGHTS CONFERRED THEREIN

BODY
WHEREAS, this Board desires to accomplish the purposes outlined in the accompanying memorandum, a copy of which is incorporated herein by reference,

NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board hereby approves the Lease Agreement between Miami-Dade County and Coral Reef Center, LTD., a Florida Limited Partnership, for premises to be utilized by the Miami-Dade County Public Library System to house its Country Walk Branch Library, with total fiscal impact to the County not to exceed $422,825.19 for the five-year term of the Lease Agreement and the five-year renewal option period, in substantially the form attached hereto and made a part hereof; authorizes the County Mayor or County Mayor�s designee to execute same for and on behalf of Miami-Dade County; and authorizes the County Mayor or County Mayor�s designee to exercise any and all other rights conferred therein.

HEADER
Date:

To: Honorable Chairman Joe A. Martinez
and Members, Board of County Commissioners

From: Alina T. Hudak
County Manager

Subject: Lease Agreement with Coral Reef Center, LTD., a Florida Limited Partnership for Property Located at 15433 S.W. 137 Avenue, Miami, for the Miami-Dade County Public Library system

Property # 30-5926-007-0020

STAFF RECOMMENDATION
RECOMMENDATION:
It is recommended that the Board approve the attached resolution authorizing execution of a Lease Agreement for property located at 15433 S.W. 137 Avenue, Miami, with Coral Reef Center, LTD., a Florida Limited Partnership, for space to be occupied by the Miami-Dade County Public Library System. The attached Lease Agreement was prepared by General Services Administration at the request of the Miami-Dade County Public Library System.

MANAGER'S BACKGROUND
PROPERTY: 15433 S.W. 137 Avenue, Miami

COMMISSION DISTRICT: 9

COMMISSION DISTRICTS
IMPACTED: Countywide

OWNER: Coral Reef Center, LTD a Florida Limited Partnership

COMPANY PRINCIPALS: Grec Commercial Ventures, its general partner
Agustin Herran, President, Treasurer, Director
James Dorsy, Vice President, Treasurer, Director

OWNER�S TRACT RECORD: The County has no record of negative performance issues with Coral Reef Center, LTD., a Florida Limited Partnership.

USE: 1,103 square feet of store-front space together with off-street parking.

JUSTIFICATION: The Miami-Dade County Public Library System has a need to continue utilizing this facility for its Country Walk Branch Library. The program has been operating from this site since June 29, 2001.

LEASE TERM: Five years with one additional five-year renewal option period.

EFFECTIVE DATES: Commencing upon approval by the Miami-Dade Board of County Commissioners approving this lease agreement and terminating five years thereafter.

RENTAL RATE: The annual rent for the first year of the initial lease term was reduced from the current rate of $25,522.56, which is equal to $23.14 per square foot on an annual basis to $24,266.00, which is equal to $22.00 per square foot on an annual basis. The annual rent for the second through the fifth lease year and any renewal thereof shall be subject to annual Consumer Price Index (CPI) increase in accordance with article XVIII of the lease agreement, but in no event shall the annual increase be less than three percent (3%) or exceed four percent (4%). The Tenant shall also be responsible for its pro-rated share of the building�s Common Area Maintenance (CAM), which was reduced from the current rate of $8.66 to $7.61 per square foot on an annual basis, payable as additional rent.

FISCAL IMPACT: The total fiscal impact for the first lease year is estimated to be $37,757.52, which is $2,464.98 less than the current lease. This expense has been budgeted in the Miami-Dade Public Library System�s operating budget. The funding source is Library Taxing District Funds under Index Code: LBOPERBR, Sub-object Code 25511.
First Year Occupancy Cost:

Total Dollars PSF
Annual Base Rent: $ 24,266.00 $22.00

Direct Expense:
Janitorial $ 1,378.75 $ 1.25
Water $ 661.80 $ .60
Security alarm $ 432.00 $ .39
Electricity $ 1,654.50 $ 1.50
Pass Through Expenses $ 8,393.83 $ 7.61
$ 36,786.88 $33.35
Indirect Expense:
Lease Management Fee (4%) $ 970.64

Total Cost to the County, first year:

The total fiscal impact to the County for the five-year term and five-year renewal period is estimated to be $422,825.19.

LEASE CONDITIONS: The Landlord is responsible for roof and roof leaks, water, common areas, parking lot and the structure of the building. The tenant is responsible for electricity, water, waste disposal, janitorial, custodial and security services. The tenant is also responsible for its prorated share of the building�s Common Area Maintenance (CAM), which was reduced from the current rate of $8.66 to $7.61 per square foot on an annual basis.

CANCELLATION PROVISION: The County may cancel this Lease Agreement at anytime and for any reason by giving Landlord at least one-hundred twenty (120) days� prior written notice.

CURRENT LEASE: The current Lease Agreement was approved by the Board on June 19, 2001 by Resolution No. R-685-01. It is for a five year term with one additional five-year renewal option period. Although the lease expires June 18, 2011, the lease contains a holdover provision which allows the department to remain on the property until a new lease agreement is approved.

OTHERS PROPERTIES
EVALUATED: 13205 S.W. 137 Avenue, Miami � $22.00 per square foot, for a triple net lease plus operating expenses estimated at $7.00 per square foot, inclusive of common area, Real Estate Taxes, Public Liability Insurance, maintenance, landscaping services, property management staff, moving expenses, data and telephones.

17636 S.W. 137 Avenue, Miami � $25.00 per square foot, for a triple net lease plus common area expenses, estimated at $7.00 per square foot, as well as moving expenses, data and telephones.

12300 S.W. 127 Avenue, Miami � $23.00 per square foot, for a triple net lease plus common area expenses, estimated at $9.00 per square foot, as well as moving expenses, data and telephones.

MONITOR: Margaret Araujo, Real Estate Officer

DELEGATED AUTHORITY: Authorizes the County Mayor or County Mayor�s designee to execute the lease agreement and exercise the renewal and cancellation provisions.

_____________________________
Wendi J. Norris, Director
General Services Administration