Miami-Dade Legislative Item
File Number: 201769
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File Number: 201769 File Type: Resolution Status: Before the Board
Version: 0 Reference: Control: Board of County Commissioners
File Name: JOINT AGREEMENT- FIXED BASE OPERATOR HOMESTEAD AIRFORCE BASE Introduced: 8/26/2020
Requester: NONE Cost: Final Action:
Agenda Date: 10/6/2020 Agenda Item Number: 11A13
Notes: SEE 202193 FOR FINAL VERSION AS ADOPTED Title: RESOLUTION DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO TAKE ALL ACTIONS NECESSARY TO NEGOTIATE AND FINALIZE A JOINT USE AGREEMENT WITH THE UNITED STATES OF AMERICA FOR THE CREATION OF A FIXED BASE OPERATOR DEVELOPMENT ADJACENT TO THE HOMESTEAD AIR RESERVE BASE, TO PERFORM ALL NECESSARY DUE DILIGENCE, TO FINALIZE THE TERMS OF A PROPERTY EXCHANGE BETWEEN THE COUNTY AND THE UNITED STATES OF AMERICA, AND TO PLACE A RESOLUTION SEEKING BOARD APPROVAL OF SAME, OR ALTERNATIVELY, A STATUS REPORT, DIRECTLY ON THIS BOARD’S AGENDA WITHOUT COMMITTEE REVIEW PURSUANT TO ORDINANCE NO. 14-65
Indexes: NONE
Sponsors: Dennis C. Moss, Co-Prime Sponsor
  Jose "Pepe" Diaz, Co-Prime 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 10/8/2020 11A13 Amended
REPORT: (See Agenda Item 11A13 Amended, Legislative File No. 202193)

Board of County Commissioners 10/6/2020 11A13 Carried over 10/8/2020

Public Safety and Rehabilitation Committee 9/9/2020 2D Forwarded to BCC with a favorable recommendation P
REPORT: Commissioner Diaz requested to be listed as a Co-Prime sponsor for this item.

County Attorney 8/27/2020 Assigned Debra Herman 8/28/2020

County Attorney 8/27/2020 Referred Public Safety and Rehabilitation Committee 9/9/2020

Legislative Text


TITLE
RESOLUTION DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO TAKE ALL ACTIONS NECESSARY TO NEGOTIATE AND FINALIZE A JOINT USE AGREEMENT WITH THE UNITED STATES OF AMERICA FOR THE CREATION OF A FIXED BASE OPERATOR DEVELOPMENT ADJACENT TO THE HOMESTEAD AIR RESERVE BASE, TO PERFORM ALL NECESSARY DUE DILIGENCE, TO FINALIZE THE TERMS OF A PROPERTY EXCHANGE BETWEEN THE COUNTY AND THE UNITED STATES OF AMERICA, AND TO PLACE A RESOLUTION SEEKING BOARD APPROVAL OF SAME, OR ALTERNATIVELY, A STATUS REPORT, DIRECTLY ON THIS BOARD�S AGENDA WITHOUT COMMITTEE REVIEW PURSUANT TO ORDINANCE NO. 14-65

BODY
WHEREAS, the United States of America, through the United State Air Force, owns and operates Homestead Air Reserve Base (�HARB�), and controls the use of its runways, taxi-ways, aprons, and other infrastructure of the HARB; and
WHEREAS, since 2014, the County Mayor and County Mayor�s designee have been engaged in negotiations with the United States Air Force in an effort to negotiate a joint use agreement and to identify a viable site appropriate for development and use by a fixed base operator at the HARB, to be utilized for general aviation operations and services; and
WHEREAS, substantial due diligence already has been conducted, and various alternatives have been reviewed and discussed, including but not limited to an exchange of land and improvements previously conveyed to the County pursuant to an economic development conveyance from the United States of America approved by this Board in Resolution No. R-909-04, in exchange for property currently owned by the United States of America; and
WHEREAS, the preferred alternative is currently located on the south side of the HARB�s airfield as depicted in the sketch attached as Exhibit �A,� and
WHEREAS, it is in the best interests of the County to expeditiously complete the due diligence, conclude negotiations, finalize the terms of the joint use agreement and finalize the exchange of property between the County and the United States of America so that the development of a fixed base operation adjacent to the HARB can proceed, which will provide valuable aeronautical services to the local general aviation community,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that:
Section 1. This Board incorporates and approves the foregoing recitals as if fully set forth herein.
Section 2. This Board directs the County Mayor or County Mayor�s designee to take all steps necessary to expeditiously effectuate a joint use agreement with the United States of America to allow for a fixed base operator development at the HARB, including: (i) completing all necessary due diligence; (ii) identifying all costs related to same and legally available funding sources to the extent funding is required; (iii) negotiating and finalizing the agreement; (iv) finalizing the exchange of property between the County and the United States of America; and (iv) placing a resolution, including the proposed agreement, directly on the first available full Board agenda for consideration by this Board without the necessity of committee review.
Section 3. No later than the earlier of 60 days from the effective date of this resolution, or upon determination by the County Mayor or County Mayor�s designee that no funding source is available, legal or other impediments exist, or that negotiations are at an impasse, this Board further directs the County Mayor or County Mayor�s designee to submit a status report to the Board, and to place such report directly on an agenda of this Board pursuant to Ordinance No. 14-65 without the necessity of committee review. Such report shall, at a minimum, (i) identify any legal or other obstacles to the conveyance, (ii) identify whether legally available funding sources were identified, (iii) describe the status of the negotiations and any issues which have arisen; and (iv) provide recommendations for further action.



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