Miami-Dade Legislative Item
File Number: 121619
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File Number: 121619 File Type: Resolution Status: Adopted
Version: 0 Reference: R-893-12 Control: County Commission
File Name: THIRD AMENDMENT TO LEASE AGMT AT JOSEPH CALEB CENTER Introduced: 8/9/2012
Requester: Internal Services Cost: Final Action: 11/8/2012
Agenda Date: 11/8/2012 Agenda Item Number: 8F1
Notes: Title: RESOLUTION AUTHORIZING A RETROACTIVE THIRD AMENDMENT TO THE LEASE AGREEMENT AT THE JOSEPH CALEB COMMUNITY CENTER, 5400 NW 22 AVENUE, MIAMI, WITH THE STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES TO BE UTILIZED BY ITS ACCESS DIVISION FOR THE DELIVERY OF SERVICES TO THE COMMUNITY; WAIVING THE PROVISION OF RESOLUTION NO. R-130-06 WHICH REQUIRES THAT ANY CONTRACT OF THE COUNTY WITH THIRD PARTIES BE FINALIZED AND EXECUTED PRIOR TO THEIR PLACEMENT ON A COUNTY COMMISSION OR COMMITTEE AGENDA; AND AUTHORIZING THE COUNTY MAYOR OR THE COUNTY MAYOR’S DESIGNEE TO EXERCISE ANY AND ALL OTHER RIGHTS CONFERRED THEREIN
Indexes: LEASE AGREEMENT
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 11/8/2012 8F1 Adopted P

Internal Mgmt. & Fiscal Responsibility Committee 10/16/2012 3C Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Jess McCarty read the foregoing proposed resolution into the record. Hearing no questions or comments, the Committee proceeded to vote on this proposed resolution as presented.

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

County Attorney 8/10/2012 Assigned Juliette Antoine 8/10/2012

County Mayor 8/9/2012 Assigned County Attorney 10/2/2012
REPORT: ISD - Juliette Antoine assisted - Comm. Edmonson Sponsor - pending cmte - Attachment: Agreement for Modifiaction

County Mayor 8/9/2012 Assigned Ed Marquez 8/9/2012

Legislative Text


TITLE
RESOLUTION AUTHORIZING A RETROACTIVE THIRD AMENDMENT TO THE LEASE AGREEMENT AT THE JOSEPH CALEB COMMUNITY CENTER, 5400 NW 22 AVENUE, MIAMI, WITH THE STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES TO BE UTILIZED BY ITS ACCESS DIVISION FOR THE DELIVERY OF SERVICES TO THE COMMUNITY; WAIVING THE PROVISION OF RESOLUTION NO. R-130-06 WHICH REQUIRES THAT ANY CONTRACT OF THE COUNTY WITH THIRD PARTIES BE FINALIZED AND EXECUTED PRIOR TO THEIR PLACEMENT ON A COUNTY COMMISSION OR COMMITTEE AGENDA; AND AUTHORIZING THE COUNTY MAYOR OR THE COUNTY MAYOR’S DESIGNEE TO EXERCISE ANY AND ALL OTHER RIGHTS CONFERRED THEREIN

BODY
WHEREAS, the State of Florida Department of Children and Families is a political subdivision of the State of Florida; and
WHEREAS, the State of Florida Department of Children and Families desires to continue using certain County-owned property located at the Joseph Caleb Community Center, 5400 NW 22 Avenue, Miami, for the delivery of services to the community; and
WHEREAS, Miami-Dade County is satisfied that the State of Florida Department of Children and Families does require a County-owned property for such use and the property is not otherwise needed for County purposes; and
WHEREAS, this Board finds that pursuant to Section 125.38 of the Florida Statutes, the lease of this property to the State of Florida Department of Children and Families serves the best interest of the County; and
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
Section 1. This Board approves a Retroactive Third Amendment to the Lease Agreement between Miami-Dade County and the State of Florida Department of Children and Families, for premises to be used by its ACCESS Division for the delivery of services to the community, in substantially the form attached hereto 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.
Section 2. This Board authorizes waiving the provisions of Resolution No. R-130-06, as amended from time to time, requiring that any contracts of the County with third parties be finalized and executed prior to their placement on a County Commission or committee agenda for the reasons set forth in the attached memorandum.

HEADER
Date:




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



From: Carlos A. Gimenez
Mayor


Subject:
Resolution Authorizing Execution of Retroactive Third Amendment to the Lease Agreement at the
Joseph Caleb Community Center Located at 5400 NW 22 Avenue with the State of Florida Department
of Children and Families

STAFF RECOMMENDATION
Recommendation
It is recommended that the Board of County Commissioners (Board) approve the attached resolution which authorizes the execution of a Retroactive Third Amendment to the Lease Agreement (Third Amendment) with of the State of Florida Department of Children and Families (DCF) for office space at the County-owned Joseph Caleb Community Center (Caleb Center). The Third Amendment does the following:
* extends the current lease by eleven months, from July 1, 2012 to May 31, 2013;
* decreases the square footage by 1,296 square feet, from 6,946 square feet to 5,650 square feet;
* reduces the time required for cancellation from 120 days to 60 days;
* provides a rent credit to DCF of $2,160 per month from the effective date of this amendment back to January 1, 2012, which is the date that DCF vacated the 1,296 square feet of office space; and
* waives the provisions of Resolution R-1198-05, as amended by R-130-06, which requires that any contract of the County with third parties be finalized and executed prior to placement on a Board or committee agenda. The State of Florida, the third party in this Lease Agreement, requires that the County approve and execute the Third Amendment prior to their execution.

Scope
The Caleb Center is located at 5400 NW 22 Avenue, Miami, FL in Commission District 3.

Fiscal Impact/Funding Source
This Third Amendment will generate a net revenue amount of $90,623.27 to the County. The revenues are comprised of rent payments by DCF totaling $103,583.37 for the eleven month period ($20.00 per square foot) less the credit due to DCF of $12,960.00 for the reduced space utilized since January 1, 2012.

Track Record/Monitoring
The County has no record of negative performance issues with DCF. Miguel de la Torre, Asset Management and Development Officer in the Real Estate Development Division of the Internal Services Department, is the project’s monitor.

Delegation of Authority
Authorizes the County Mayor or the County Mayor’s designee to execute the attached Third Amendment; and authorizes the County Mayor or the County Mayor’s designee to exercise any and all other rights conferred therein.

MANAGER'S BACKGROUND
Background
In September of 2011, DCF vacated 1,296 square feet of space located on the fourth floor of the Caleb Center due to budget cuts. DCF continued to pay the full rental amount due for the 6,946 square foot space due to the fact that the current Lease Agreement does not allow for the reduction of space or rent without Board approval. DCF and the County have agreed to a rent credit of $2,160 per month retroactive to January 1, 2012.

There was a delay in the processing of this proposed amendment until such time as the schedule for the construction of the new branch court and parking at the Caleb Center was finalized, which would determine whether or not the tenants would be able to continue operating at the Caleb Center. During construction, very little onsite parking will be available at the Caleb Center making it very difficult for visitors to enter and exit the facility. Therefore, the extension of time authorized under the Third Amendment, rather than enter into a new lease for time, will accommodate DCF with the necessary space until construction begins.

Additional details are as follows:

OWNER: Miami-Dade County

TENANT: DCF

LEASE CONDITIONS: This is a full service lease where the County is responsible for all utilities, heating, air conditioning, HVAC system maintenance, janitorial and custodial services, and plumbing and electrical lines. DCF is responsible for its own telephone services.

CURRENT LEASE: DCF has been at this location since 1987. The current Lease Agreement was approved by the Board on June 5, 2007 through R-665-08, which commenced on July 1, 2007 for five years with no renewal options. On November 20, 2008, through R-1160-08, the Board approved an amendment to reduce the leased square footage from 16,866 to 11,300 square feet. On December 1, 2009, through R-1357-09, the Board approved a second amendment to further decrease the square footage from 11,300 square feet to 6,946 square feet.



____________________________
Edward Marquez
Deputy Mayor



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