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RESOLUTION WAIVING FORMAL BID PROCEDURES PURSUANT TO SECTION 2-8.1(B) OF THE CODE OF MIAMI-DADE COUNTY AND SECTION 5.03(D) OF THE HOME RULE CHARTER, BY A TWO-THIRDS VOTE OF BOARD MEMBERS PRESENT, AND APPROVING A RETROACTIVE LICENSE AGREEMENT BETWEEN MIAMI-DADE COUNTY AND KELCO DADELAND ASSOCIATES, LTD., FOR A FIVE-YEAR TERM WITH FOUR FIVE-YEAR OPTIONS TO RENEW, INCLUSIVE OF AN ANNUAL RENT OF $6,000.00, FOR USE OF MIAMI-DADE COUNTY REAL PROPERTY; AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO EXECUTE SAID LICENSE AGREEMENT AND TO EXERCISE ALL PROVISIONS CONTAINED THEREIN, INCLUDING TERMINATION AND RENEWAL PROVISIONS

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WHEREAS, this Board desires to accomplish the purposes outlined in the accompanying County Mayor�s 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. The Board incorporates the foregoing recital and finds that it is in the best interest of Miami-Dade County to waive formal bid procedures by a two-thirds vote of the Board members present, pursuant to section 2-8.1(b) of the Code of Miami-Dade County and section 5.03(D) of the Home Rule Charter in connection with the approval of the License Agreement between Miami-Dade County and Kelco Dadeland Associates, Ltd. (Kelco).

Section 2. The Board approves the retroactive License Agreement between Miami-Dade County and Kelco Dadeland Associates, Ltd. (Kelco), in substantially the form attached hereto and made a part hereof, such that the License Agreement shall become effective retroactively to February 7, 2026, and rent to the County shall be paid retroactively to that date.

Section 3. The Board authorizes the County Mayor or County Mayor�s designee to execute the License Agreement with Kelco for and on behalf of Miami-Dade County and to exercise all provisions contained therein, including termination and renewal provisions.

Section 4. The Board directs the County Mayor or County Mayor�s designee to provide a copy of the license agreement to the Property Appraiser�s Office.

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Date:
To: Honorable Chairman Anthony Rodriguez
and Members, Board of County Commissioners

From: Daniella Levine Cava
Mayor

Subject: Resolution Retroactively Approving and Authorizing the Execution of a License Agreement between Miami-Dade County and Kelco Dadeland Associates, Ltd.

STAFF RECOMMENDATION
Executive Summary
The purpose of this item is to gain retroactive approval and authorization of the Miami-Dade Board of County Commissioners (Board) to waive formal bid procedures to execute a License Agreement between the County and Kelco Dadeland Associates, Ltd. (Kelco). The Agreement, effective retroactively to February 7, 2026, will allow Kelco to continue to use County-owned property located in proximity to the Dadeland North Metrorail Station right-of-way, specifically at the northeast corner of S.W. 70th Avenue and US-1, for the purpose of maintaining an illuminated directional sign and pay rent to the County. This Agreement replaces the previous license agreement that expired on February 6, 2026. Due to delays in the process related to the required surveying and appraisals, this item is being provided for retroactive consideration.

Under the Agreement, Kelco agrees to pay $6,000 annually in rent to the County for the first year of the agreement with the rent increasing by three percent each year that the agreement remains in effect. The Agreement has an initial term of five years with four, five-year renewal terms for a total potential term of 25 years. If the agreement remains in effect for the full 25 years, the total rent to be paid to the County is estimated to be $218,755.

This item requires the Board to waive formal bid procedures pursuant to Section 2-8.1(3) of the Miami-Dade County Code and Section 5.03(D) of the Home Rule Charter. In 1998, Ordinance No. 98 14 allowed directional signs within the Dadeland Subzone, including one for the Hampton Inn on property owned by Kelco. In 1999, the Downtown Kendall Urban Center District (the �DKUCD�) was adopted, replacing the earlier ordinance and removing provisions that would allow such sign variances. When Kelco sought to install a directional sign in 2001, it was unable to obtain a building permit due to the superseding DKUCD regulations. In 2004, the Board granted Kelco vested rights under the original 1998 ordinance, allowing the directional sign to be erected within the rapid transit zone. A waiver of competitive bid procedures is in the best interest of the County because Kelco is the only entity legally authorized to place a sign in accordance with the zoning variance. Moreover, Kelco already installed the sign pursuant to the previous agreement and desires to retain the right to maintain the sign at that location.

Recommendation
It is recommended that the Board: (1) waive formal bid procedures; (2) approve the License Agreement; and (3) authorize the County Mayor or the County Mayor�s designee to execute the agreement on behalf of the County and exercise all provisions of the agreement, including termination provisions.


Scope
The right-of-way area where the sign is located is in Commission District 7, represented by Commissioner Raquel A. Regalado.

Delegation of Authority
The County Mayor or the County Mayor�s designee shall have the authority to execute the License Agreement on behalf of the County and to exercise the provisions contained therein, including termination provisions.

Fiscal Impact/Funding Source
The License Agreement requires Kelco to pay $6,000 annually in rent to the County for the first year of the agreement with the rent increasing by three percent each year that the agreement remains in effect. The agreement has an initial term of five years, retroactive to February 7, 2026, with four, five-year renewal terms for a total potential term of twenty-five years. If the agreement remains in effect for the full twenty-five years, the total rent to be paid to the County is estimated to be $218,755.

Track Record/Monitor
Department of Transportation and Public Works Assistant Director for Transit Project Management and Support Services, Javier Bustamante, will be responsible for monitoring the License Agreement.

Background
In February 2006, the County entered into a license agreement with Kelco which allowed Kelco to install and maintain an illuminated sign, which provides directions to its nearby Hampton Inn Hotel, in the Metrorail right-of-way on the northwest corner of U.S. 1 and SW 70th Avenue. That agreement expired on February 6, 2026, and Kelco desires to retain the right to maintain the sign at that location. Consequently, the County and Kelco have negotiated a new License Agreement. The new agreement will be retroactively effective to February 7, 2026, and has an initial term of five years with four, five-year renewal terms. However, the agreement also provides for the County to terminate the agreement, without cause, with 180 days� notice if the area where the sign is located is needed for any other purpose.

In order to receive a permit from the County to install the sign under the previous agreement, Kelco was required to obtain a zoning variance. Consequently, Kelco remains the only entity authorized to install and maintain a sign in this area, thereby precluding a competitive procurement process and necessitating a waiver of formal bid procedures for the County to enter into this new License Agreement with Kelco.


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Roy Coley
Deputy Mayor