Miami-Dade Legislative Item
File Number: 121378
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File Number: 121378 File Type: Resolution Status: Adopted
Version: 0 Reference: R-777-12 Control: Board of County Commissioners
File Name: LEASE AGREEMENT WITH THE CITY OF MIAMI, A MUNICIPAL Introduced: 7/3/2012
Requester: Internal Services Cost: Final Action: 10/2/2012
Agenda Date: 10/2/2012 Agenda Item Number: 8F1
Notes: Title: RESOLUTION APPROVING TERMS OF AND AUTHORIZING EXECUTION BY THE COUNTY MAYOR OR THE COUNTY MAYOR’S DESIGNEE OF AN AMENDMENT TO THE LEASE AGREEMENT WITH THE CITY OF MIAMI, A MUNICIPAL CORPORATION OF THE STATE OF FLORIDA, AND A MODEL ACKNOWLEDGEMENT OF CONDITIONS FOR MITIGATION OF PROPERTY IN A SPECIAL FLOOD HAZARD AREA WITH FEMA GRANT FUNDS FOR COUNTY-OWNED PROPERTY LOCATED AT 1000 N.W. 62 STREET, MIAMI, FLORIDA, UTILIZED BY THE CITY OF MIAMI AS A NORTH DISTRICT POLICE SUB-STATION, WITH NO FISCAL IMPACT TO THE COUNTY; AUTHORIZING THE COUNTY MAYOR OR THE COUNTY MAYOR’S DESIGNEE TO EXERCISE ANY CANCELLATION PROVISIONS AND ALL OTHER RIGHTS CONTAINED THEREIN; AND DIRECTING THE COUNTY MAYOR OR THE COUNTY MAYOR’S DESIGNEE TO RECORD IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY THE NOTICE REQUIRED BY THE MODEL ACKNOWLEDGEMENT AS REQUIRED BY RESOLUTION NO. R-974-09
Indexes: NONE
Sponsors: Audrey M. Edmonson, Prime Sponsor
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 10/2/2012 8F1 Adopted P

Internal Mgmt. & Fiscal Responsibility Committee 9/25/2012 Forwarded to the full BCC by the BCC Chairman
REPORT: Board of County Commissioner's Chairman Joe A. Martinez submitted a memorandum dated September 25, 2012, waiving the foregoing item to be heard at the October 2, 2012, Board meeting.

Internal Mgmt. & Fiscal Responsibility Committee 9/11/2012 3D No action taken due to lack of a quorum

County Attorney 7/5/2012 Assigned Geri Bonzon-Keenan 7/5/2012

County Mayor 7/3/2012 Assigned County Attorney 9/4/2012
REPORT: ISD--Pending Cmte -- CAO--Bonzon- (Commissioner Edmonson is the sponsor)

County Mayor 7/3/2012 Assigned Ed Marquez

Legislative Text


TITLE
RESOLUTION APPROVING TERMS OF AND AUTHORIZING EXECUTION BY THE COUNTY MAYOR OR THE COUNTY MAYOR’S DESIGNEE OF AN AMENDMENT TO THE LEASE AGREEMENT WITH THE CITY OF MIAMI, A MUNICIPAL CORPORATION OF THE STATE OF FLORIDA, AND A MODEL ACKNOWLEDGEMENT OF CONDITIONS FOR MITIGATION OF PROPERTY IN A SPECIAL FLOOD HAZARD AREA WITH FEMA GRANT FUNDS FOR COUNTY-OWNED PROPERTY LOCATED AT 1000 N.W. 62 STREET, MIAMI, FLORIDA, UTILIZED BY THE CITY OF MIAMI AS A NORTH DISTRICT POLICE SUB-STATION, WITH NO FISCAL IMPACT TO THE COUNTY; AUTHORIZING THE COUNTY MAYOR OR THE COUNTY MAYOR’S DESIGNEE TO EXERCISE ANY CANCELLATION PROVISIONS AND ALL OTHER RIGHTS CONTAINED THEREIN; AND DIRECTING THE COUNTY MAYOR OR THE COUNTY MAYOR’S DESIGNEE TO RECORD IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY THE NOTICE REQUIRED BY THE MODEL ACKNOWLEDGEMENT AS REQUIRED BY RESOLUTION NO. R-974-09

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 terms of the Amendment to the Lease Agreement between Miami-Dade County and the City of Miami, a municipal corporation of the State of Florida, and the Model Acknowledgement of Conditions for Mitigation of Property in a Special Flood Hazard Area with FEMA Grant Funds (the “Model Acknowledgement”), for County-owned property located at 1000 N.W. 62 Street, Miami, Florida, utilized by the City of Miami as a north district police sub-station, with no fiscal impact to Miami-Dade County, in substantially the forms attached hereto as Exhibits “A” and “B” respectively, and made a part hereof; authorizes the County Mayor or the County Mayor’s designee to execute same for and on behalf of Miami-Dade County; and authorizes the County Mayor or the County Mayor’s designee to exercise any and all other rights conferred therein, including any cancellation provisions. Pursuant to Resolution No. R-974-09 and this Resolution, this Board directs the County Mayor or the County Mayor’s designee to record in the public records of Miami-Dade County, the notice required by section 3 of the Model Acknowledgement and to provide a recorded copy of the instrument to the Clerk of the Board within thirty (30) days of execution of said instrument; and directs the Clerk of the Board to attach and permanently store a recorded copy together with this resolution.


HEADER
Date:
To: Honorable Chairman Joe A. Martinez
and Members, Board of County Commissioners
From: Carlos A. Gimenez
Mayor

Subject: Amendment to Lease Agreement with City of Miami and a Model Acknowledgement of Conditions for Mitigation of Property in a Special Flood Hazard Area with FEMA Grant Funds Agreement between the City of Miami and FEMA for County-Owned Property Leased to the City of Miami, Located at 1000 NW 62 Street, Miami, Florida 33147 - Folio No. 01-3114-012-088

.. RECOMMENDATION
It is recommended that the Board of County Commissioners (Board) approve the attached resolution authorizing execution of an Amendment to the Lease Agreement (Lease Amendment) with the City of Miami (City), and authorizing execution of a Model Acknowledgement of Conditions for Mitigation of Property in a Special Flood Hazard Area with Federal Emergency Management Agency (FEMA) Grant Funds Agreement (Model Acknowledgement) between the City and FEMA, for County-owned property. The Lease Amendment does the following:

* requires the City as recipient of federal funds provided by FEMA, to be responsible for the obligations and the performance of the sub-grant agreement between the City and FEMA; including but not limited to, Exhibit 1 and Attachments A through I of the Agreement attached; and

* requires the City to be responsible for the provisions, requirements, assurances and obligations of the attached Model Acknowledgment; including but not limited to, all provisions outlined in items 1 through 3 of the Model Acknowledgment and any other FEMA requirement.

SCOPE
The property is located at 1000 NW 62 Street, Miami, Florida 33147 in Commission District 3.

FISCAL IMPACT/FUNDING SOURCE
The annual base rent pursuant to the terms of the lease is $1.00 per year. No County funds will be utilized. The City is fully responsible for any improvements on the land and its maintenance, including all expenses associated with FEMA funding requirements.

TRACK RECORD/MONITOR
The County has no record of negative performance issues with the City. Margaret Araujo, Real Estate Officer, Real Estate Development Division, Internal Services Department is the monitor.

DELEGATION OF AUTHORITY
Authorizes the County Mayor or the County Mayor’s designee to execute the attached Lease Amendment and Model Acknowledgement to exercise the cancellation provisions and other rights contained herein, if needed, and to record in the public record the notice required by Section 3 of the Model Acknowledgment.

BODY
At its meeting of September 18, 1985, by Resolution R-1195-85, the Board authorized a Lease Agreement with the City for the purpose of developing a City of Miami police sub-station. The construction of the police sub-station was completed on or about July 1986. Due to the deterioration of the building, improvements and repairs were required to maintain the building in safe condition. The City obtained FEMA funding to make the necessary repairs and completed the work on or about December 31, 2011. Upon completion of repairs and improvements by the City, FEMA submitted the attached Model Acknowledgement for City execution. The City has in turn, submitted the Model Acknowledgment to the County, as property owners, for execution. Because the City is the user of the property, the Lease Amendment was prepared to require that the City assume the responsibilities and obligations of the Model Acknowledgement and fulfill the requirements of the contracts between the City and FEMA.

Additional property details are as follows:

OWNER: Miami-Dade County

TENANT: City of Miami

OWNERS’ TRACK RECORD: The County has no record of negative performance issues with the City of Miami, a municipal corporation of the state of Florida.

USE: 24,437 square feet structure plus 35,949 feet of space utilized for parking lot, setbacks and landscaping, for a total of 60,386 square feet of space.

EFFECTIVE DATES: Commencing upon the effective date of the Board resolution approving the Lease Amendment and terminating concurrent with the term of the lease, September 31, 2015.

CANCELLATION PROVISION: The County may cancel if at any time if it is determined that the property is not properly used for a public purpose, by giving tenant 30 days’ written notice prior to its effective date.

CURRENT LEASE: The current lease agreement was approved by the Board on September 18, 1985, by Resolution R-1195-85, for a 30 year term which commenced on October 1, 1985 and terminates on September 30, 2015. The lease does not contain any renewal option periods.



__________________________
Edward Marquez
Deputy Mayor




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