Miami-Dade Legislative Item
File Number: 122347
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File Number: 122347 File Type: Resolution Status: Adopted
Version: 0 Reference: R-44-13 Control: Board of County Commissioners
File Name: LEASE AGREEMENT TO SOUTH FLORIDA S.P.C.A. Introduced: 11/26/2012
Requester: NONE Cost: Final Action: 1/23/2013
Agenda Date: 1/23/2013 Agenda Item Number: 11A3
Notes: Title: RESOLUTION, PURSUANT TO SECTION 125.38, FLORIDA STATUTES, APPROVING TERMS OF AND AUTHORIZING EXECUTION BY COUNTY MAYOR OR MAYOR’S DESIGNEE OF A LEASE AGREEMENT FOR TWENTY-SIX ACRES OF COUNTY-OWNED LAND BETWEEN MIAMI-DADE COUNTY AND SOUTH FLORIDA S.P.C.A. (SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS), INC., A FLORIDA NON-PROFIT CORPORATION, FOR PREMISES TO BE UTILIZED AS A PASTURE FOR RESCUED HORSES WITH A TOTAL FISCAL IMPACT TO THE COUNTY OF $10.00 PER YEAR IN RENTAL REVENUE FOR THE TERM OF THE LEASE; AND AUTHORIZING COUNTY MAYOR OR MAYOR’S DESIGNEE TO EXERCISE ANY CANCELLATION AND RENEWAL PROVISIONS CONTAINED THEREIN
Indexes: LEASE AGREEMENT
Sponsors: Sally A. Heyman, Prime Sponsor
  Lynda Bell, Co-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 1/23/2013 11A3 Adopted P

Public Safety & Healthcare Admin Cmte 12/11/2012 2B Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Gerald Sanchez read the foregoing proposed resolution into the record. There being no comments or questions, the Committee proceeded to vote on this item.

County Attorney 11/26/2012 Referred Public Safety & Healthcare Admin Cmte 12/11/2012

County Attorney 11/26/2012 Assigned Geri Bonzon-Keenan 11/27/2012

Legislative Text


TITLE
RESOLUTION, PURSUANT TO SECTION 125.38, FLORIDA STATUTES, APPROVING TERMS OF AND AUTHORIZING EXECUTION BY COUNTY MAYOR OR MAYOR’S DESIGNEE OF A LEASE AGREEMENT FOR TWENTY-SIX ACRES OF COUNTY-OWNED LAND BETWEEN MIAMI-DADE COUNTY AND SOUTH FLORIDA S.P.C.A. (SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS), INC., A FLORIDA NON-PROFIT CORPORATION, FOR PREMISES TO BE UTILIZED AS A PASTURE FOR RESCUED HORSES WITH A TOTAL FISCAL IMPACT TO THE COUNTY OF $10.00 PER YEAR IN RENTAL REVENUE FOR THE TERM OF THE LEASE; AND AUTHORIZING COUNTY MAYOR OR MAYOR’S DESIGNEE TO EXERCISE ANY CANCELLATION AND RENEWAL PROVISIONS CONTAINED THEREIN

BODY
WHEREAS, the South Florida S.P.C.A. (Society for the Prevention of Cruelty to Animals), Inc. (the “Society for the Prevention of Cruelty to Animals”) is a registered Florida non-profit corporation organized for the purpose of servicing the public; and
WHEREAS, the Society for the Prevention of Cruelty to Animals is dedicated to the rescue, rehabilitation, and adoption of abused, neglected and abandoned horses and other large animals; and
WHEREAS, Society for the Prevention of Cruelty to Animals desires to lease twenty-six (26) acres of County-owned property located adjacent to the Homestead Air Reserve Base for pasture land for the shelter and care of rescued horses; and
WHEREAS, the location of such property is depicted in Exhibit “A” to this resolution (the “Property”); and
WHEREAS, by motion at its June 5th, 2012 meeting, this Board, among other items, directed the County Attorney’s Office to identify legal restrictions applicable to the development of a film/television studio, including but not limited to production offices, studios and back lots, at certain parcels surrounding the Homestead Air Reserve Base, including the Property; and
WHEREAS, the proposed lease has a term of five (5) years and is terminable by the County for any reason by providing written notice to the Society for the Prevention of Cruelty to Animals at least ten (10) days prior to its effective date and by the Society for the Prevention of cruelty to Animals for any reason by providing written notice to the County at least thirty (30) days prior to its effective date; and
WHEREAS, accordingly, if the County determines to proceed with the development of the film/television studio or any other economic development project, or wishes to cancel the lease for any other reason, the proposed lease could be cancelled by the County; and
WHEREAS, pursuant to Section 125.38, Florida Statutes, this Board finds that Society for the Prevention of Cruelty to Animals does require the Property for such use and the Property is not otherwise needed for County purposes; and
WHEREAS, this Board wishes to lease to Society for the Prevention of Cruelty to Animals the Property for a five year term for nominal value ($10.00),
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that:
Section 1. The foregoing recitals are incorporated herein and are approved.
Section 2. This Board hereby approves the terms of the Lease between Miami-Dade County and Society for the Prevention of Cruelty to Animals for premises to be utilized solely for pasture land for the shelter and care of rescued horses at nominal rent ($10.00) for the five year term of the lease, all in substantially the form attached hereto as Exhibit “B” and made a part hereof by this reference. This Board hereby authorizes the County Mayor or the Mayor’s designee to execute the same for and on behalf of Miami-Dade County and to exercise any cancellation provisions, renewal provisions and all other rights conferred therein.



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