20140521 SM3MIAMIBEACH
City Gommission Meeting
SUPPLEMENTAL MATERIAL 3
City Hall, Commission Ghambers, 3rd Floor, 1700 Convention Center Drive
May 21,2014
Mayor Philip Levine
Vice-Mayor Micky Steinberg
Commissioner Michael Grieco
Commissioner Joy Malakoff
Commissioner Edward L. Tobin
Commissioner Deede Weithorn
Commissioner Jonah Wolfson
City Manager Jimmy L. Morales
City Attorney Raul Aguila
City Clerk Rafael E. Granado
Visff us at www.miamibeachfl.gov for agendas and video "streaming" of City Commission Meetings.
ATTENTION ALL LOBBYISTS
Ghapter 2, Article Vll, Division 3 of the Gity Code of Miami Beach entitled "Lobbyists" requires the
registration of all lobbyists with the City Clerk priorto engaging in any Iobbying activitywith the City
Commission, any Gity Board or Committee, or any personnel as defined in the subject Code
sections. Copies of the City Gode sections on lobbyists laws are available in the City Clerk's office.
Questions regarding the provisions of the Ordinance should be directed to the Office of the City
Attorney.
SUPPLEMENTAL AGENDA
R5 - Ordinances
RsR An Ordinance Amending Chapter 82 Of The Miami Beach City Code, Entitled "Public Property,"
By Amending Article Vl, Entitled "Naming Of Public Facilities And Establishment Of Monuments
And Memorials," By Amending The Definitions ln Section 82-502, Amending The Criteria For
The Naming Of Public Facilities And The Co-Naming Of Streets ln Section 82-503; Amending
The Provisions ln Section 82-505 For The Acceptance Of Monetary Donations ln Consideration
For The Naming Or Renaming Of Public Facilities; And Amending Section 82-501 To Cross
Reference Amended Subsection 82-503(c); Providing For Codification; Repealer; Severability;
And An Effective Date. First Readinq
(Sponsored by Commissioner Michael Grieco)
(Legislative Tracking: City Attorney's Office)
(Continued from April 23,2014)
(Revised Ordinance)
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Supplemental Agenda, May 21,2014
R9 - New Business and Commission Requests
R9H Discussion Regarding A Resolution Approving And Authorizing The Manager To Take The
Following Actions, Subject To And Conditioned Upon The Successful Negotiation Between The
CityAnd Mount Sinai Medical Center Of Florida, lnc. ("MountSinai") Of The GrantAgreementAnd
Lease Agreement (Both As Hereinafter Defined): 1) Authorizing A Grant Contribution To Mount
Sinai, ln An Amount Between $15,000,000 And 918,750,000 (The "Grant Contribution"), payable
Over A Term Of 15 Years, For The Sole Purpose Of Reimbursing Mount Sinai For Costs
Associated With Mount Sinai's Emergency Room Expansion Project (The "Project"); 2)
Covenanting To Annually BudgetAnd Appropriate Funds From LegallyAvailable Non-Ad Valorem
Revenues To Pay Such Grant Contribution; 3) Delegating Authority To The City Manager To
Negotiate The Final Terms Of The Grant Contribution Agreement With Mount Sinai ("Grant
Agreement"); 4) Also Delegating Authority To The City Manager To Negotiate A Lease Agreement
With Mount Sinai For The City's Emergency Management Office, With Such Leased Premises
Having Up To 2000 Square Feet, To Be Located ln The New Emergency Room Facility, For A
Term Of 30 Years And $'1 Per Year Rent ("Lease Agreement"); And 5) Further Directing The
Mayor And City Clerk To Execute The Grant Agreement And Lease Agreement Upon Conclusion
Of Successful Negotiations.
(Requested by Commissioner Deede Weithorn)
(Revised Resolution)
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a
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AAIAl\'4 IBTACH
OFFICE OF THE CITY ATTORNEY
RAUL AGUILA, CITY ATTORNEY
TO:
COMMISSION MEMORANDUM
MAYOR PHILIP LEVINE
MEMBERS OF THE CITY COMMISSION
CITY MANAGER JIMMY MORALES
FROM:
DATE: May 21,2014
SUBJECT: ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA AMENDING CHAPTER 82 OF
THE MIAMI BEACH CITY CODE, ENTITLED "PUBLIC
PROPERTY," BY AMENDING ARTICLE VI, ENTITLED ..NAMING
OF PUBLIC FACILITIES AND ESTABLISHMENT OF
MONUMENTS AND MEMORIALS," BY AMENDING THE
DEFINITIONS lN SECTION 82-502; AMENDING THE CRITERIA
FOR THE NAMING OF PUBLIC FACILITIES AND THE CO.
NAMING OF STREETS lN SECTION 82-503; AMENDING THE
PROVISIONS IN SECTION 82.505 FOR THE ACCEPTANGE OF
MONETARY DONATIONS IN CONSIDERATION FOR THE
NAMING OR RENAMING OF PUBLIC FACILITIES; AND
AMENDING SECTION 82.501 TO CROSS REFERENCE
AMENDED SUBSECTION 82-s03(C); PROVIDING FOR
CODIFICATION, REPEALER, SEVERABILIW, AND AN
EFFECTIVE DATE.
Pursuant to the request of Commissioner Michael Grieco, the attached revised
Ordinance is submitted for consideration by the City Commission on First Reading.
RA/DT/sc
F :IATTO\TU RN\COMM ME MO\Co-Nam ing Ord inance - May 1 9, 201 4.docx
crrY ATToRNEY RAUL AGUTLA I i-- A IL'J (tg;V^
Agenda ttem ( 5A
Date S-21-193
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CIry COMMISSION OF THE
CITY OF MIAM! BEACH, FLORIDA AMENDING CHAPTER 82 OF THE
MIAMI BEACH CITY CODE, ENTITLED "PUBLIG PROPERTY," BY
AMENDING ARTICLE VI, ENTITLED "NAMING OF PUBLIC
FACILITIES AND ESTABLISHMENT OF MONUMENTS AND
MEMORIALS,'' BY AMENDING THE DEFINITIONS IN SECTION 82.
502; AMENDING THE CRITERIA FOR THE NAMING OF PUBLIC
FACILITIES AND THE CO.NAMING OF STREETS IN SECTION 82.503;
AMENDING THE PROVISIONS IN SECTION 82.505 FOR THE
ACCEPTANCE OF MONETARY DONATIONS IN CONSIDERATION
FOR THE NAMING OR RENAMING OF PUBLIC FACILITIES; AND
AMENDING SECTION 82.501 TO CROSS REFERENCE AMENDED
SUBSEGTION 82-503(C); PROVIDING FOR GODIFICATION,
REPEALER, SEVERABILIW, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to Resolution No. 2013-28429, the Mayor and City Commission
directed the City Administration to develop additional criteria for the co-naming of City streets;
and
WHEREAS, amended criteria for the co-naming of City streets has been developed by
the City Administration and is set forth in this Ordinance, as well as other housekeeping
amendments to the naming provisions for public facilities and for the acceptance of monetary
donations in consideration for the naming or renaming of public facilities.
NOW, THEREFORE, BE !T DULY ORDAINED BY THE MAYOR AND GITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1.
That Chapter 82, Section 82-501, of the Miami Beach City Code is hereby amended as
follows:
Chapter 82
PUBLIC PROPERW
ARTICLE VI. NAMING OF PUBLIC FACILITIES AND ESTABLISHMENT
OF MONUMENTS OR MEMORIALS
Sec. 82-501. Generally.
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Effective upon adoption of this-e,Ciela Ordinance No. 2014- , no street
located in the city shall be hereafter named, renamed, or co-named after any
, except as provided in Section 85-5O3(d)
82-503(c),hereof....
SECTION 2.
That Chapter 82, Section 82-502, of the Miami Beach City Code is hereby amended as
follows:
Sec. 82-502. Definitions
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Committee means the community affairs committee created by the city commission on March
18, 1998 and as merqed with the neiohborhood committee on November 25. 2003 pursuant to
Resolution No. 2003-25446, or any other such committee designated by the city commission to
review and recommend names for public facilities and the co-namino of streets. and approve
the establishment of monuments or memorials to be located within or owned by the city.
Memorial means a site, art work or structure created to preserve the memory of a significant
event(s) or person(s).
Monument means a bust, sculpture, or similar structure, erected in honor of a significant
event(s) or person(s).
Public facility means any public buildingplaza or park owned by the city.
Sfreef means that area of a public right-of-way improved, designed, and ordinarily used for
vehicular traffic and/or parking including, without limitation, avenues, roads, drives, lanes,
boulevards, courts, and alleys. For purposes of this article, streets shall only be intended to
include city-owned streets, and not state or countv-owned and/or controlled streets.
SECTION 3.
That Chapter 82, Section 82-503, of the Miami Beach City Code is hereby amended as
follows:
Sec. 82-503. Naming of public facilities; co-naming of streets.
(a) Naminq of an exterior oortion of a public facilitv (includinq naminq of a park). Whenever a
name is needed for a new public facilitn or whenever there is a prepeeal request to rename an
existing public facility. within or owned by the city, the naming, or renaming, shall first be
considered and reviewed by the committee according to the following procedures:
(1) Any person, organization, association, corporation or other entity, including a member of
the city commission or the administration of the city, may propose a name for a new
(c)
5
public facility, or may propose renaming an existing public facility, at any time by
submitting a the proposed name in writing (the proposal) to the committee.
(2) Within a reasonable time after receipt of the proposal, the committee shall
consider and review same fer the naming, or renaming, of the public facility.
the meeting shall be given to all persons who have proposed the namee, pryenamq for
the public facility.
(3) After reviewing the proposal i ia, the
committee shall transmit a written its recommendation to the city commission regarding
the proposal; the reeemmendatien may alse inelude any alternative names prepesed by
the eemmittee.
(4) Netwithstanding any ether previsien ef thie seetien, publie faeilities and plazas shall net
eemmissien by 5/7ths vete; and (iii) submitted te the eleeterate ef the eity by referendum
veting in sueh referendum; er unless the naming er renaming ie in exehange fer a
menetary denatien pursuant te seetien 82 505 herein; hewever, this previsien shall net
(5) Within a reasonable time after receiving the recommendation from the committee on the
proposal for the naming or renaming, the city commission shall call a public hearing.
@(6) Notice of the public hearing regarding the naming or renaming of the public facility,
shall be published at least ten (10) days prior to the hearing in a newspaper of general
circulation in the city.
(6) Anv proposed namino. or re-naminq of a public facilitv approved bv the citv commission
must be approved bv a 5/7ths vote, and must be submitted to the electorate of the citv
bv referendum at the next reoularlv scheduled election. The name shall be approved bv
a maioritv of the electorate votino in the referendum.
lZ) Notwithstandino anv other provision of this section, public facilities shall not be named.
or renamed. for livino persons unless such persons are over 100 vears of aoe; or. for
livino persons under 100 vears of aqe. unless the naminq or renaminq is (i) approved bv
a maioritv of the members of the committee: (ii) approved bv the citv commission bv a
5/7ths vote: and (iii) submitted to the electorate of the citv bv referendum at the next
reoularlv scheduled election and approved bv a maioritv of the electorate votinq in such
referendum: or unless the namino or renamino is in exchanqe for a monetarv donation
pursuant to section 82-505 herein. However, this provision shall not applv to public
facilities named or renamed prior to June 29, 1991.
(9) Notwithstandino anv other provision of this section. the referendum requirements of this
section shall not applv where a public facilitv is to be named or renamed solelv for the
name of the citv, the phvsical location of the facilitv and/or the street where the facilitv is
located. the function of the facilitv. or the current name of the facilltv.
meet to
Notice of
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(b) Naminq of ilnterior portion(s) of a public facility (includinq naminq of interior portion(s) of a
park) er#aza.
(1) Where the an interior portion of a public facility; (includino the naminq of an interior
portion of a park or the namino of an interior portion of a buildinq located within a park)
eHgsere+lelaza is to be named, or renamed, the procedures in section 82-503(aX1)
throuqh (5) shall applv.
Ia eAt the close of the public hearing, the city commission may approve the proposed name
fef,oretherwiserenamefo5thesubjectinteriorportionofthepublicfacilityffi
pleua bv a 5/7ths vote. ln seleeting the name; the eity eemmissie+r shall be geverned by
(e) Exterier pertien(s) ef a publie faeility er park,
(1) Where an exterier pertien(s) ef a publie faeility; erwhere a park is te be named, the eity
eemmissien may enly eensider a name appreved by a majerity ef the membere ef the
€€"qimi+te€'
issien-must be appreved by +five
sevenths vete and muet be eubmitted te the eleeterate ef the eity by referendum at the
preved by a majerity
ef the eleeterate veting in the referendum, Netwithstanding any ether previeien ef this
faeility; net already named fer an individual er individuals Bursuant te subseetien 82 503
(aX l); is te be named er renamed selely fer the narne ef the eity, the physieal leeatien ef
the faeility and/er the street where the faeility ie leeated, the funetien ef the faeility, er the
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(CXg) Co-naming of streets.
(1) Streets located in the city may be co-named in honor of O Miami Beach police officers
who died or were killed in the line of duty; (ii) other persons
are over 100 vears of aqe. (iii) a publicfacilitv located on the streetto be co-named: (iv)
oeooraphic areas within the Citv: or (v) a commercial establishment that has been in
business in the Citv of Miami Beach for 100 or more vears and which is located on the
street to be co-named. The provisions in this subsection 82-503(cX1) shall not applv to
streets named or co-named prior to June 21, 2014.
(2) Whenever a request enCler+r€p€€el is made to co-name a street, after a Miami Beaeh
in the line ef duty the co-naming shall first be
considered and reviewed by the committee accordlng to the following procedures:
a. Any person, organization, association, corporation or other entity, including a
member of the city, may propose that a street be co-named, inSener+f+*/liamipeaen peUee effiee by submitting the
prepeset-anA+er request in writing to the committee. At a minimum, such prepesa+
and/er request shall include the following:
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b.
1. The street to be co-named: and
1,2. The proposed co-name of the effieer street: andz
3. The reason for the reques[ and4. lf the prooosed co-namino is requested pursuant to subsection 82-
503(cX1Xi). a factual summary including the date and circumstances under
which the officer died or was killed in the line of duty": angl
5. lf the proposed co-naminq is requested pursuant to subsection 82-
503(cXlXii), a factual summarv confirminq the person's contribution to the
Citv: and
6. lf the proposed co-naminq is requested pursuant to subsection 82-
503(cX1Xv). a factual summarv confirmino the commercial establishment's
contribution to the Citv.
Within a reasonable time after receipt of the prepeset*r request, the
committee shall meet to consider and review same. Notice of the meeting shall
be given to the person and/or organization that made the request eFCle{E
@.
After reviewing the pr€pe€aknd/er request, the committee shall transmit a
written its recommendation to the city commission regarding the prepesal+nabr
request; The committee's recommendation requires a simole maioritv vote
unless the co-namino is for a livino oerson unCer over 100 vears of aqe or for a
deceased person referenced in subsection 82-503(c)(1)(ii), which requires a
unanimous vote. the reeemmendatien may alse inelude any alternative prepesals
Oy+ne+emmitee
Within a reasonable time after receiving the recommendation from the
committee, the commission shall call a public hearing regarding the co-naming.
Notice of the public hearing shall be published at least ten (10) days prior to the
hearing in a newspaper of general circulation in the city.
At the close of the public hearing, the city commission may approve the preBeeal
anClerr request. Any prepesal+nCler request to co-name a street pursuant to this
subsection 82-503(d)G) must be approved by a five-sevenlh€, 5/7th vote of the
city commission.
Anv person or commercial establishment to be recoonized bv the co-namino of a
street must be in qood standino in the communitv at the time of final approval of
same bv the citv commission and if. after the street is co-named, the person
recoonized. or the principal(s) of the commercial establishment recoqnized are
subsequentlv convicted or adiudicated ouiltv of a felonv. the name of the person
or commercial establishment shall be removed from the street sion. ln such
case. neither the citv. nor anv of its officers, emplovees. contractors. or aqents.
shall have anv liabilitv to the person or commercial establishment recoonized bv
the co-naminq of the street or to the principal(s) of such commercial
establishment (includinq. without limitation. if such oerson or principal(s) of a
commercial establishment are deceased, his/her heirs. relatives, successors, or
assiqns). and/or anv other oartv(ies), for anv costs or claims resultino from such
removal (and includino, without limitation. reimbursement of anv costs incurred
d.
e.
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for desiqn. fabrication, installation. and/or maintenance of the street siqn. if
applicable).
SECTION 4.
That Chapter 82, Section 82-505, of the Miami Beach City Code is hereby amended as
follows:
Sec. 82-505. Acceptance of monetary donations in consideration for the naming or
renaming of public facilities.
(a) Whenever there is a proposal to name or rename a new or existing public facility, or
interior portion of a public facility, within or owned by the city, in consideration for
monetary donations, the naming or renaming, shall first be considered and reviewed by
the committee according to the following procedures:
A public facility will not be named or renamed after an individual who has
committed an illegal act which became known to the city before or after the
donation. Anv individual to be recoqnized bv the namino or renamino of a public
facilitv must be in qood standino in the communitv at the time of final approval of
same bv the Citv Commission and. if after the namino or renaminq the individual
is subsequentlv convicted or adiudicated ouiltv of a felonv, the name of the
individual shall be removed from the public facilitv. ln such case, neither the Citv.
nor anv of its officers. emplovees, contractors. or aqents, shall have anv liabilitv
to the individual recoonized bv the naminq or re-namino (includinq. without
limitation, if such individual is deceased. his/her heirs. relatives, successors. or
assions). and/or anv other oartv(ies). for anv costs on claims resultinq from such
removal (and includinq. without limitation. reimbursement of anv costs incurred
for desiqn. fabrication. installation and/or maintenance of the siqn bearinq the
public facilitv's name, if applicable).
SECT!ON 5. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION6. SEVERABILIW.
lf any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect
the validity of the remaining portions of this ordinance.
(e)
o
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SECTION 7. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made a part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
SECTION 8. EFFECTIVE DATE.
This Ordinance shalltake effect the
PASSED and ADOPTED this
ATTEST:
MFAEL E. GMNADO, CITY CLERK
(Sponsored by Commissioner Michael Grieco)
Underline denotes additions
S*rit<e+nreush den otes deletions
PHILIP LEVINE, MAYOR
day of 2014.
day of 2014.
APPROVED AS TO
FOHM & LANGUAGE
& FOR D(ECUTION
F:\ATTO\TURN\ORDINANC\Co-Naming Ordinance - Amended Final - May 20 2014.docx
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA (THE "CITY') APPROVING AND
AUTHORIZING THE MANAGER TO TAKE THE FOLLOWING
ACTIONS, SUBJECT TO AND CONDITIONED UPON THE
SUCCESSFUL NEGOTIATION BETWEEN THE CITY AND MOUNT
SINAI MEDICAL CENTER OF FLORIDA, INC. ("MOUNT SINAI") OF
THE GRANT AGREEMENT AND LEASE AGREEMENT (BOTH AS
HEREINAFTER DEFINED): 1) AUTHORIZING A GRANT
CONTRIBUTION TO MOUNT SINAI, IN AN AMOUNT BETWEEN
$15,000,000 AND $18,750,000 (THE "GRANT CONTRTBUTION"),
PAYABLE OVER A TERM OF 15 YEARS, FOR THE SOLE PURPOSE
OF REIMBURSING MOUNT SINAI FOR COSTS ASSOCIATED WITH
MOUNT SINAI'S EMERGENCY ROOM EXPANSTON PROJECT (THE
"PROJECT"); 2) COVENAI\TING TO ANNUALLY BUDGET AND
APPROPRIATE F'TII\DS FROM LEGALLY AVAILABLE NON-AD
VALOREM REVENUES TO PAY SUCH GRANT CONTRIBUTION; 3)
DELEGATING AUTHORITY TO THE CITY MANAGER TO
NEGOTIATE THE FINAL TERMS OF' THE GRANT CONTRIBUTION
AGREEMENT WITH MOUNT SINAI (rrcRANT AGREEMENT"); 4)
ALSO DELEGATING AUTHORITY TO THE CITY MANAGER TO
NEGOTIATE A LEASE AGREEMENT WITH MOUNT SINAI FOR THE
CITY'S EMERGENCY MANAGEMENT OFFICE, WITH SUCH LEASED
PREMISES HAVING UP TO 2OOO SQUARE FEET, TO BE LOCATED IN
THE NEW EMERGENCY ROOM FACILITY, FOR A TERM OF 30
YEARS AND $1 PER YEAR RENT ("LEASE AGREEMENT"); AND 5)
FURTHER DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE THE GRANT AGREEMENT AND LEASE AGREEMENT
UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS.
WHEREAS, since its founding in 1949, Mount Sinai has faithfully served the residents
of the City, Miami Dade County, and their visitors and guests; and
WHEREAS, over the course of its history, Mount Sinai's mission and importance to the
local community has greatly expanded to include its designation as one of only ten statutorily
designated teaching hospitals in the State of Florida, and the City's largest private employer; and
WHEREAS, Mount Sinai has over 200,000 inpatient and outpatient admissions
annually; and
WHEREAS, Mount Sinai is currently the only hospital and emergency healthcare
services provider on the barrier islands to service Miami Beach's more than 5 million annual
visitors; and
Agenda ltem
Date
RqH
5-21-lLt
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WHEREAS' the Emergency Room ("ER") was constructed in 1972 and is comprised of
approximately 16,000 square feet of space; and
WHEREAS, ER utilization increased 46Yo, from 28,917 visitors in 2002, to 42,238
visitors in2012, and is anticipated to increase approximately 49%o, to a total of 62,800 visitors by
2020; and
WHEREAS, the aforementioned ER utilization rates occurred during a period of time in
the City's history when its resident population remained static or experienced slight declines; and
WHEREAS, ER utilization rates are highly correlated to increase in average daily
visitors, with visitor rates during the same ten-year period between 2002 and 2012 experiencing
similar annual growth trends, yielding a .969 correlation co-efficient between growth in the
tourism industry and ER usage; and
WHEREAS, the Mayor and City Commission hereby find and declare that the Project
(as defined in this Resolution) is a capital improvement to a physical asset which is essential to
the welfare, safety, and well-being of the residents of, and visitors to, the City, and that, as such,
the Project serves a vital public purpose to the City; and
WHEREAS, non-ad valorem revenues may, in part, be utilized to fund capital
improvements and the maintenance of all physical assets which are essential to the welfare,
safety, and well-being of the residents of and visitors to, the City, and which serve a public
purpose to the City.
NOW, THEREFORE, BE IT DULY RESOLYED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that, subject to and
conditioned upon the successful negotiation of the Grant Agreement and Lease Agreement (both,
as defined in this Resolution), the Mayor and City Commission hereby approved and authorize
the following actions:
Section 1. The City is hereby authorized to provide Mount Sinai with a grant, to be
funded as provided in Section 2 below, in an amount between $15,000,000 and $18,750,000,
paid in equal installments over a l5-year term (the "Grant Contribution"). Provided the City and
Mount Sinai successfully negotiate the final terms of, and execute, the Grant Agreement and
Lease Agreement, the term of the Grant Agreement shall commence at the start of the City's
2014-2015 Fiscal Year. The Grant Contribution shall be used for the sole purpose of
reimbursing Mount Sinai for costs associated with the Project.
Section 2. The City is hereby authorized to covenant to budget and appropriate in its
annual budget, by amendment if necessary, from legally available non-ad valorem revenues in
the then current fiscal year, amounts sufficient to pay the Grant Contribution coming due in such
fiscal year, until paid in full. Such covenant to budget and appropriate funds shall be subject to
successful negotiation and execution by the City and Mount Sinai of the Grant Agreement and
Lease Agreement, and shall be further subject to the terms and conditions negotiated in the final
Grant Agreement.
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Section 3. The City Manager is authorized to negotiate the Grant Agreement,
consistent with the business terms set forth in this Resolution. Said Agreement shall also reserve
to the City, at is sole option, the right to pre-pay the Grant Contribution, without penalty or
premium and with such discounts as may be reflected in the Grant Agreement.
Section 4. The City Manager is fuither authorized to negotiate a Lease Agreement
(or "Lease") with Mount Sinai for the City's use of up to 2000 square feet of space in the new
expanded Emergency Room Facility. Said Lease shall be for the operation of the City's
Emergency Management Office for an initial minimum term of 30 years and a rental amount of
$1 per year (the City's consideration for rent on the Lease being the Grant Contribution). The
City shall bear all costs associated with the tenant build-out of the Lease premises.
Section 5. The Mayor, City Clerk, City Manager, City Attorney, and Chief Financial
Officer are hereby authorized and directed to do all things and execute any and all documents
necessary to carry-out the intent of this Resolution including, without limitation, engaging the
City's bond counsel (or other outside counsel selected by the City Attorney) and financial advisor
to assist in the negotiation and execution of the Grant Agreement and Lease Agreement. In the
event that the City retains bond counsel (or other outside counsel) to assist in the negotiation and
execution of the Grant Agreement, Mount Sinai shall pay any and all costs associated with the
City's legal fees with respect thereto. Upon conclusion of successful negotiation by the City and
Mount Sinai of the Grant Agreement and Lease Agreement (the "Agreements") the Mayor and
City Clerk are hereby authorized to execute such Agreemgnts.
PASSED AIYD ADOPTED this day of _,2014.
MAYOR
ATTEST:
CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
5- Lo- t+---Er
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