HomeMy WebLinkAbout2006-26229 Reso
RESOLUTION NO. 2006-26229
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING, ON FIRST READING, A LEASE
AGREEMENT BETWEEN THE CITY AND THE BOYS AND GIRLS CLUB OF
MIAMI, INC., FOR USE OF THE ONE STORY BUILDING LOCATED WITHIN
FLAMINGO PARK, ENCOMPASSING APPROXIMATELY 4,450 SQUARE FEET
OF CITY-OWNED PROPERTY, FOR AN INITIAL THREE (3) YEAR TERM,
COMMENCING ON AUGUST 1, 2006, AND ENDING ON JULY 31, 2009, WITH
TWO (2) ADDITIONAL THREE (3) YEAR RENEWAL TERMS, AT THE CITY'S
SOLE DISCRETION; FURTHER WAIVING, BY 5/7THS VOTE, THE
COMPETITIVE BIDDING AND APPRAISAL REQUIREMENTS, AS REQUIRED BY
SECTION 82-39 OF THE MIAMI BEACH CITY CODE, FINDING SUCH WAIVER
TO BE IN THE BEST INTEREST OF THE CITY; AND FURTHER SETTING A
PUBLIC HEARING ON JULY 12, 2006, FOR THE SECOND READING (AND
FINAL APPROVAL) OF THE LEASE AGREEMENT
WHEREAS, on January 13, 1995, the Mayor and City Commission adopted Resolution No.
95-21465, authorizing an agreement between the City and the Boys and Girls Club of Miami, Inc. for
the purpose of providing programs/activities/classes during after-school and summer vacation
hours; and
WHEREAS, this agreement expired on April 4, 1999, and continued on a month-to-month
basis; and
WHEREAS, on July 18, 2001 the Mayor and City Commission adopted Resolution No.
2001-24529, approving a lease of the City-owned building in Flamingo Park, encompassing
approximately 4,450 square feet (the Property), for a term of four (4) years and 364 days,
commencing on August 1, 2001, and ending on July 30, 2006; and
WHEREAS, the Boys and Girls Club of Miami, Inc. has expressed an interest in continuing
to occupy the Property and, accordingly, the Administration has negotiated the attached Lease
Agreement, for an initial term of three (3) years, commencing on August 1, 2006, and ending on July
31, 2009, with two (2) additional three (3) year renewal terms, at the City's sole discretion (the
Agreement); and
WHEREAS, Section 82-39 of the Miami Beach City Code, governing the salellease of
public property, as amended, requires a competitive bidding process, a Planning Department
analysis, and an independent appraisal to determine the value of the leasehold interest, as well as
two (2) readings of the proposed lease, with the second (and final) reading followed by an
advertised public hearing to obtain citizen input; and
WHEREAS, the Administration would hereby recommend that the Mayor and City
Commission approve the attached Lease Agreement on first reading, and hereby set the public
hearing for second reading and final approval of the Agreement; and
WHEREAS, Section 82-39, as amended, further provides for the waiver of the competitive
bidding and appraisal requirements, by 5/7ths vote of the Mayor and City Commission, upon a
finding by the Mayor and City Commission that the public interest would be served by waiving such
conditions; the Administration would also hereby recommend that the Mayor and City Commission
approve said waiver.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve,
on first reading, the attached Lease Agreement between the City and the Boys and Girls Club of
Miami, Inc., for the use of the one story building located within Flamingo Park, encompassing
approximately 4,450 square feet of City-owned property, for a term of three (3) years, commencing
on August 1, 2006, and ending on July 31, 2009, with two (2) additional three (3) year renewal
terms, at the City's sole discretion; further waiving, by 5/7ths vote, the competitive bidding and
appraisal requirements, as required by Section 82-39 of the Miami Beach City Code, finding such
waiver to be in the best interest of the City; and further setting a public hearing on July 12,2006, for
the second reading (and final approval) of the Lease Agreement.
PASSED and ADOPTED this 7th day of June, 2006.
MAYOR
David Dermer
ATTEST:
~<t PtUtiuA
CITY CLERK
Robert Parcher
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APPROVED AS TO
FORM & LANGUAGE
& FO CUTION
COMMISSION ITEM SUMMARY
Condensed Title:
Resolution approving a lease agreement with the Boys and Girls Club of Miami, Inc.
Ke Intended Outcome Su orted:
Increase satisfaction with recreational programs
Issue:
Should the Mayor and the City Commission approve the lease?
Item Summary/Recommendation:
The City and the Boys and Girls Club of Miami Inc. are proposing to enter into a lease for a term of 3
years for use of the one story building located within Flamingo Park encompassing approximately
four thousand four hundred fifty (4,450 sq. ft) square feet. Said lease is intended to run until such
time as the Boys and Girls Club of Miami, inc. secure the funding and permitting for construction of a
new building at which time this lease will terminate.
The Boys and Girls Club of Miami, Inc. will pay the City one ($1) dollar a year and will be responsible
for the operating expenses and interior/exterior building maintenance as delineated in the previous
lease.
The Administration recommends that the Mayor and City Commission adopt the Resolution approving
the lease agreement on first reading and setting a second reading public hearing on July 12, 2006 as
the Boys and Girls Club of Miami, Inc. provides a service to the local community providing supervised
programming for children.
Advisory Board Recommendation:
I n/a
Financial Information:
Source of ACcOunt APproved
Funds: 1.
D .2>..
3
4>
OBPI '1'<>ta I >
Financial Impact Summary:
Ci Clerk's Office Le islative Trackin
Asset Management
irector
Assistant City Manager
City Manager
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MIAMI BEACH
AGENDA ITEM
DATE
R1E
&'-1-0'
~ MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachA.gov
Mayor David Dermer and Members of the City Commission
Jorge M. Gonzalez, City Manager, l ~
June 7,2006 () FIRST READING
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING, ON FIRST READING, A LEASE
AGREEMENT BETWEEN THE CITY AND THE BOYS AND GIRLS CLUB OF
MIAMI, INC., FOR USE OF THE ONE STORY BUILDING LOCATED WITHIN
FLAMINGO PARK, ENCOMPASSING APPROXIMATELY 4,450 SQUARE FEET
OF CITY-OWNED PROPERTY, FOR AN INITIAL THREE (3) YEAR TERM,
COMMENCING ON AUGUST 1, 2006, AND ENDING ON JULY 31, 2009, WITH
TWO (2) ADDITIONAL THREE (3) YEAR RENEWAL TERMS, AT THE CITY'S
SOLE DISCRETION; FURTHER WAIVING, BY 5/7THS VOTE, THE
COMPETITIVE BIDDING AND APPRAISAL REQUIREMENTS, AS REQUIRED
BY SECTION 82-39 OF THE MIAMI BEACH CITY CODE, FINDING SUCH
WAIVER TO BE IN THE BEST INTEREST OF THE CITY; AND FURTHER
SETTING A PUBLIC HEARING ON JULY 12, 2006, FOR THE SECOND
READING (AND FINAL APPROVAL) OF THE LEASE AGREEMENt.
ADMINISTRATION RECOMMENDATION
TO:
FROM:
DATE:
SUBJECT:
COMMISSION MEMORANDUM
Adopt the Resolution.
ANALYSIS
On January 13, 1995 the Mayor and City Commission adopted Resolution No. 95-21465,
authorizing an agreement between the City and the Boys and Girls Club of Miami, Inc. for
the purpose of providing programs/activities/classes during after-school and summer
vacation hours. This agreement expired on April 4, 1999 and continued on a month-to-
month basis.
On July 18, 2001 the Mayor and City Commission adopted Resolution No. 2001-24529 an
approval for lease of the city-owned building in Flamingo Park for a term of four years and
364 days commencing on August 1, 2001 and ending on July 30, 2006.
The Boys and Girls Club of Miami, Inc. has expressed an interest in continuing its occupancy
of the city-owned building located within Flamingo Park encompassing approximately 4,450
square feet for a term of three years commencing on August 1, 2006 and ending on July 31,
2009. The lease contains a clause for termination for convenience to accommodate the
plans for future construction on said property. Currently, the City and The Boys and Girls
Club of Miami, Inc. are in conversations regarding the specifics on a management and
operations agreement for a new facility which would be located in generally the same area
that may expand their current capacity significantly and encompass additional programming
Commission Memorandum - Boys & Girls Club
June 7, 2006
Page 2 of 2
after the demolition of the building now in place. At the time the Boys and Girls Club of
Miami, Inc. secures funding and permitting they will terminate this lease agreement and
move to a temporary site during construction. This is projected to occur within the next three
years.
The Lease Agreement, as negotiated, includes the following additional terms and conditions:
. BASE RENT:
The Boys and Girls Club of Miami, Inc. will pay an annual Base Rent in the amount
of One Dollar ($1).
. OPERATION, MAINTENANCE and REPAIR:
The Boys and Girls Club of Miami, Inc. has agreed to be solely responsible for the
operation, maintenance, and repair of the premises.
. TENANT RESPONSIBILITIES FOR UTILITIES:
The Boys and Girls Club of Miami, Inc. has agreed to pay charges for water, gas,
electricity, sewer, cable, telephone and any other utility service provided to the facility
including, without limitation, all hookup fees and impact fees.
As required by Section 82-38 of the Code of the City of Miami Beach, the Planning
Department's analysis of the proposed lease is attached as Exhibit 1.
Based on the foregoing, the Administration recommends that the Mayor and City
Commission approve the attached Lease Agreement between the City and the Boys and
Girls Club of Miami, Inc. for the use of the one story building located within Flamingo Park
encompassing approximately 4,450 square feet of City-owned property for a term of three
years commencing on August 1, 2006 and ending on July 31,2009 with two additional three
year renewal terms, at the City's sole discretion; further waiving by 517ths vote, the
competitive bidding and appraisal requirements, as required by Section 82-39 of the Miami
Beach City Code, finding such waiver to be in the best interest of the City; and further setting
a public hearing on July 12,2006, pursuant to the second reading (and final approval) of the
lease agreement.
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CITY OF MIAMI BEACH
Planning Department
Interoffice Memorandum
m
Subject:
Tim Hemstreet Date: May 24, 2006
Assistant City Manager
Jorge G. Gomez, Aim , ~r~
Planning Director ~ LV
Analysis of Proposed Lease with Boys and Girls Club of Miami, Inc.
Flamingo Park - 1000 12th Street
To:
From:
Pursuant to your request, this memorandum will serve as an analysis of the lease
Agreement between the City of Miami Beach and Boys and Girls Club of Miami, Inc. for the
use of the City-owned building within Flamingo Park located at 1000 12th Street.
Section 82-38 of the Code of the City of Miami Beach requires that any proposed sale or
lease of City-owned land be analyzed from a planning perspective so that the City
Commission and the public are fully appraised of all conditions relating to the proposed
sale or lease. The following is an analysis of the criteria delineated in the Code:
1. Whether or not the proposed use is in keeping with city goals and objectives
and conforms to the city comprehensive plan.
Consistent - The property is located within the ROS Recreation and Open Space
future land use category, and surrounded by the RM-1 Residential Multiple Family
Low Intensity and RS Residential Single Family future land use categories. The
lease agreement between the City and Boys and Girls Club of Miami, Inc. is
consistent with the future land use category description contained in the
Comprehensive Plan.
2. The impact on adjacent property, including the potential positive or negative
impacts such as diminution of open space, increased traffic, noise level or
enhanced property values, improved development patterns and provision of
necessary services. Based on the proposed use of the property, the city shall
determine the potential impact of the project on city utilities and other
infrastructure needs and the magnitude of costs associated with needed
infrastructure improvements. Should it become apparent that further
evaluation of traffic impact is needed, the proponent shall be responsible for
obtaining a traffic impact analysis from a reputable traffic engineer.
Consistent - The property subject to the lease is in Flamingo Park, which is
appropriate to be used for recreational purposes. There would be no diminution of
open space as no new construction is being proposed. No additional utility or
Page 2
Date: May 24, 2006
Boys and Girls Club of Miami, Inc.
Flamingo Park
infrastructure is expected to be necessary.
3. A determination as to whether or not the proposed use is in keeping with a
public purpose and community needs, such as expanding the city's revenue
base, creating jobs, creating a significant revenue stream, and improving the
community's overall quality of life.
Consistent - This proposal will accrue funds to the City, and there is a potential to
create additional jobs. The revenue stream generated will help defray the cost of
maintenance needs of Flamingo Park.
4. Determination as to whether or not the development is in keeping with the
surrounding neighborhood, will block views or create environmental
intrusions, and evaluation of the design and aesthetic considerations of the
project.
Consistent - The surrounding neighborhood consists of Flamingo Park residential
area. The use of this building in Flamingo Park will not be out of character with the
surrounding uses. View and environmental considerations are not applicable.
5. The impact on adjacent properties, whether or not there is adequate parking,
street and infrastructure needs.
Consistent - The impact on adjacent properties should be minimal, as the park is
already used for a variety of recreational purposes. The use should be contained
within the interior of the park. There is some parking available within and around
the park, and the youth programs would be expected to utilize school buses or other
transport options. No further infrastructure needs are anticipated.
6. A determination as to whether or not alternatives are available for the
proposed disposition, including assembly of adjacent properties, and whether
the project could be accomplished under a private ownership assembly.
Not applicable - This is a City-owned park, of which this proposed use is a small
portion of the available space. No assembly of land is necessary, nor would such
be under private ownership.
7. Within the constraints of public objectives, the department should examine
financial issues such as job generation, providing housing opportunities, and
the return to the city for its disposition of property.
Page 3
Date: May 24, 2006
Boys and Girls Club of Miami, Inc.
Flamingo Park
The proposed lease agreement will help to defray the cost of maintenance of the
park. No housing opportunities will be created.
8. Such other issues as the Planning Department may deem appropriate in
analysis of the proposed disposition.
Not applicable - The Planning Department has no other issues it deems
appropriate to analyze for this proposal.
JGG/RGL
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