Miami-Dade Legislative Item
File Number: 130684
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File Number: 130684 File Type: Resolution Status: Adopted
Version: 0 Reference: R-369-13 Control: County Commission
File Name: LEASE AGREEMENT WITH THE NIGERIAN-AMERICAN FOUNDATION Introduced: 4/9/2013
Requester: NONE Cost: Final Action: 5/7/2013
Agenda Date: 5/7/2013 Agenda Item Number: 11A9
Notes: Title: RESOLUTION APPROVING TERMS OF AND AUTHORIZING THE EXECUTION BY COUNTY MAYOR OR MAYOR’S DESIGNEE OF A LEASE AGREEMENT WITH THE NIGERIAN-AMERICAN FOUNDATION FOR THE DEVELOPMENT, OPERATION AND MAINTENANCE OF AN AFRICAN MUSEUM AND CULTURAL ARTS CENTER FOR AN INITIAL FIFTY YEAR TERM AND TWO ADDITIONAL TWENTY-FOUR YEAR RENEWAL OPTION PERIODS ON COUNTY-OWNED LAND LOCATED AT NW 207TH STREET AND NW 32ND AVENUE IN MIAMI-DADE COUNTY, FLORIDA AT NO COST AND IN ACCORDANCE WITH FLORIDA STATUTE 125.38; WAIVING ADMINISTRATIVE ORDER 8-4 AS IT RELATES TO REVIEW BY THE PLANNING ADVISORY BOARD; DIRECTING THE COUNTY MAYOR OR THE MAYOR’S DESIGNEE TO TAKE ALL NECESSARY STEPS TO EFFECTUATE THE FOREGOING (SEE ORIGINAL ITEM UNDER FILE NO. 130460)
Indexes: FOUNDATION
  LEASE AGREEMENT
  NIGERIAN
Sponsors: Barbara J. Jordan, Prime Sponsor
  Audrey M. Edmonson, Co-Sponsor
  Sen. Javier D. Souto, 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 5/7/2013 11A9 Adopted P
REPORT: During changes to today's (5/7) agenda, a scrivener's error existing in the foregoing resolution was corrected as follows: Agenda has been corrected to reflect Senator Souto as a Co-Sponsor. Vice Chair Bell released the foregoing proposed resolution from the Pull List. Chairwoman Sosa commended Commissioner Jordan for her leadership on this item. Commissioner Jordan recognized the African American Foundation members. Hearing no questions or comments the Board members proceeded to vote on the foregoing proposed resolution.

Office of the Chairperson 5/1/2013 Scrivener's Errors 5/7/2013
REPORT: Agenda has been corrected to reflect Senator Souto as a Co-Sponsor.

Economic Development & Port Miami Committee 4/11/2013 2C SUB. Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Oren Rosenthal read the foregoing proposed resolution into the record. Commissioner Jordan recognized the members of the Nigerian American Foundation in the audience; she noted they were in attendance to support the foregoing item. Commissioner Jordan suggested that the language within the resolution state that the subject property should have a long term lease rather than a conveyance, pointing out although Commissioner Sosa had sponsored an item which indicated that unless a hardship existed that showed public purpose that rent would be charged even for a 501 (c) (3). Commisisoner Jordan noted that this organization could demonstrate that the subject property would be used to serve public purpose and used for cultural activities as well. She further noted this was a five year lease in which the museum needed to be completed and constructed within the five years. Hearing no further comments or questions the Committee proceeded to vote.

Office of the Chairperson 4/10/2013 Additions 4/11/2013

County Attorney 4/9/2013 Referred Economic Development & Port Miami Committee 4/11/2013

County Attorney 4/9/2013 Assigned Debra Herman 4/9/2013

Legislative Text



TITLE
RESOLUTION APPROVING TERMS OF AND AUTHORIZING THE EXECUTION BY COUNTY MAYOR OR MAYOR’S DESIGNEE OF A LEASE AGREEMENT WITH THE NIGERIAN-AMERICAN FOUNDATION FOR THE DEVELOPMENT, OPERATION AND MAINTENANCE OF AN AFRICAN MUSEUM AND CULTURAL ARTS CENTER FOR AN INITIAL FIFTY YEAR TERM AND TWO ADDITIONAL TWENTY-FOUR YEAR RENEWAL OPTION PERIODS ON COUNTY-OWNED LAND LOCATED AT NW 207TH STREET AND NW 32ND AVENUE IN MIAMI-DADE COUNTY, FLORIDA AT NO COST AND IN ACCORDANCE WITH FLORIDA STATUTE 125.38; WAIVING ADMINISTRATIVE ORDER 8-4 AS IT RELATES TO REVIEW BY THE PLANNING ADVISORY BOARD; DIRECTING THE COUNTY MAYOR OR THE MAYOR’S DESIGNEE TO TAKE ALL NECESSARY STEPS TO EFFECTUATE THE FOREGOING

BODY
WHEREAS, the Nigerian-American Foundation (“NAF”) is a Florida not-for-profit corporation, organized for the community interest and welfare purposes of promoting, projecting, and protecting the image of Nigerians, and to educate the community regarding African culture; and
WHEREAS, the County owns vacant property, located at NW 207th Street and NW 32nd Avenue in the City of Miami Gardens in Miami-Dade County, folio number 34-1133-007-1801 (the “Vacant Property”) as well as adjacent improved property, folio number 34-1133-007-1800, which includes a building (the “Adjacent Improved Property”); and
WHEREAS, the Vacant Property and the Adjacent Improved Property are currently platted as one legal buildable sit, outlined in black on the sketch attached as Exhibit “A” (the “Platted Property”); and
WHEREAS, Nigerian-American Foundation wishes to construct an African museum and cultural arts center including activities such as an arts museum, dance theatre, and lecture hall on a portion of the Vacant Property, referred to herein as the “Museum Property” and depicted in yellow on the attached sketch (Exhibit “A”) as well as described in the legal description attached as Exhibit “B”, and has applied to the County for the use of same; and
WHEREAS, Nigerian-American Foundation has represented that it will use the Museum Property consistently with its mission, in support of the community interest and welfare purposes for which it is organized; and
WHEREAS, the Board finds that, pursuant to Section 125.38 of the Florida Statutes, that Nigerian-American Foundation does require the Museum Property for such use and that such lease for that use, for $1.00 per year, would promote community interest and welfare; and
>>WHEREAS, in order to promote this unique educational, social, historical and cultural enrichment, the Nigerian American Foundation intends to fund 5 to 6 million dollars of the costs of this project, and additionally, to apply any revenues generated from this project to either offset the cost of operating and maintenance expenses or to put such revenue back into the museum such as costs of administration and to secure arts and artifacts; and
WHEREAS, in light of such funding and application of revenues, with promotion of community welfare and education as the goal, a hardship would exist in requiring the payment of rent in excess of $1.00 under these specific circumstances, and therefore, a substantial reason exists for foregoing such rental payment; and<<1
WHEREAS, re-platting would be required to subdivide the Museum property from the remainder of the Platted Property in order for Nigerian-American Foundation to develop the African museum and cultural arts center on the Museum Property pursuant to a long term lease; and
WHEREAS, after re-platting, the Museum Property would be leased, for $1.00 per year, to Nigerian-American Foundation by a Lease in substantially the form attached hereto (“County Lease”), which will require the completion of the construction of the museum within five years, and which will further restrict the use and re-conveyance of the Property to ensure compliance with the intent of this Board,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that:
Section 1. This Board ratifies and adopts the matters set forth in the foregoing recitals.
Section 2. This Board directs the County Mayor or the Mayor’s designee to take all necessary steps to ultimately lease the Property to Nigerian-American Foundation for construction of the facility, to confirm the continued legal viability of the remainder of the Vacant Property and the Adjacent Improved Property and existing structure thereon, to conduct all necessary due diligence associated with the proposed lease, including confirmation of the legal description, and to identify any obstacles associated with the proposed re-platting, to re-plat the Museum Property as necessary in order for it to be separately developed by Nigerian-American Foundation after such lease, including obtaining any necessary approvals from the City of Miami Gardens, to file a Certificate with the Clerk confirming that there are no obstacles to conveying the re-platted portion by lease, that the remaining property can continue to function after such re-platting, and that the re-platting has been accomplished (“Certificate”), and to take any other necessary steps to achieve the lease.
Section 3. After any necessary re-platting or subdivision, and subject to the filing of the Certificate, this Board finds that the Museum Property is not needed for County purposes, approves the terms of the Lease of the Museum Property in substantially the form attached hereto, pursuant to Section 125.38 of the Florida Statutes, authorizes the waiver of Administrative Order 8-4 as it relates to review by the Planning Advisory Board, authorizes the County Mayor or Mayor’s designee to enter the Lease in substantially the form attached hereto as Exhibit “B” and incorporated herein by reference, and to take all actions necessary to effectuate the Lease and to exercise any and all rights set forth in the Lease.
Section 4. This Board directs the County Mayor or Mayor’s designee to appoint staff to monitor compliance with the terms of the conveyance, to file the Certificate, and to report back to this Board on the status of the re-platting and the lease in 180 days from the Effective Date of this Resolution.

1 The differences between the substitute and the original item are indicated as follows: Words stricken through and/or [[double bracketed]] shall be deleted, words underscored and/or >>double arrowed<< are added.



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