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Home My WebLink About2006-26269 Reso RESOLUTION NO. 2006-26269 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING, ON SECOND READING, FOLLOWING A DULY NOTICED PUBLIC HEARING, 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; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE 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, and two (2) additional three (3) year renewal terms, at the City's sole discretion; and WHEREAS, Section 82-39 of the Miami Beach City Code, governing the sale/lease 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, on June 7, 2006, pursuant to Resolution No. 2006-26229, the Mayor and City Commission approved the Lease Agreement on first reading; waived by 5/ihSvote, the competitive bidding and appraisal requirements; and set the public hearing for the second and final reading; and WHEREAS, said public hearing was held on July 12, 2006. 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 second reading, following a duly noticed public hearing, 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) r additional three (3) year renewal terms, at the City's sole discretion, further authorizing the Mayor and City Clerk to execute the Lease Agreement. PASSED and ADOPTED this 12th day of ~, 2006. ATTEST: }t~,-,,- f- ~, CITY CLERK Robert Parcher MAYOR David Dermer JMG:TH:ACV:rlr F:\DDHP\$ALL\ASSETlFLAMINGO\B&GC.Lease.RES2.doc APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 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 agreement? Item Summa IRecommendation: The City and the Boys and Girls Club 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 secure the funding and permitting for construction of a new building at which time this lease will terminate. The Boys and Girls Club will pay the City one ($1) dollar per year and will be responsible for all operating expenses and interior/exterior building maintenance as delineated in the lease. The Administration recommends that the Mayor and City Commission adopt the Resolution approving the lease agreement on second and final reading, following a duly noticed public hearing on July 12, 2006, as the Bo s and Girls Club rovides su ervised ro rammin for children to the local communit . Advisory Board Recommendation: I N/A Financial Information: Source of ^' .~ Account Approved Funds: t D 2 3 I" 4 aSPI . Total Financial Impact Summary: Cit Clerk's Office Le islative Trackin Asset Management Director Assistant C'ty Manager TH City Manager F:\DDH P\$ALL \ASSETlFLAM I N GO\B&GC.Lease .su 2.doc m ~ MIAMI BlEACH AGENDA n'EM DATE 1<7D 1 ~ ""2._ -0 b ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor David Dermer and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager J~ July 12, 2006 U SECOND READING PUBLIC HEARING DATE: SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING, ON SECOND READING, FOLLOWING A DULY NOTICED PUBLIC HEARING, 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; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE LEASE AGREEMENT. ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANAL YSIS 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 agreement 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 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. Commission Memorandum - Boys & Girls Club July 12, 2006 Page 2 of 2 The Lease Agreement, as negotiated, includes the following additional terms and conditions: . BASE RENT: Boys and Girls Club of Miami, Inc. will pay an annual Base Rent in the amount of One ($1) Dollar. · OPERATION, MAINTENANCE and REPAIR: 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: 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. Section 82-39 of the Miami Beach City Code, governing the sale/lease 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. On June 7, 2006, pursuant to Resolution No. 2006-26229, the Mayor and City Commission approved the Lease Agreement on first reading; waived by 5/ihS vote, the competitive bidding and appraisal requirements; and set the public hearing for the second and final reading on July 12, 2006. 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 authorizing the Mayor and City Clerk to execute the Lease Agreement. JMG:TH:ACV:rlr T:\AGENDA \2006~uI1206\Reg ular\B&GC. Lease. MEM2 .doc 36 - U) 0 0 N S!i W Z ::> ....., >-" <t 0 Z ::> Vl Q ... ~ ..., :c E :!i :IE: 9 ..., ~ E 0 u -c ~ CI> :J: 'E '" i: CO 1: r----------,..-. --, ~ MIAMIBEACH CITY OF MIAMI BEACH NOTICE OF A PUBLIC HEARING NOTICE IS HEREBY given that a second reading and public hearing will be held by the City Commission of the City of Miami Beach, in the Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on Wednesday, July 12, 2006 at 1:50 p.m., Approving A Lease Agreement. Between The 9ity 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; FiJrther Waiving, By5/7ths Vote, The Competitive Bidding And Appraisal Requirements, Ivs Required By Section 82-39 Of The Miami Beach City Code, Finding Such Waiver To Be In The Best Interest Of The City. INQUIRIES may be directed to the Asset Management Office at (305) 673-7193. INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to express their views in writing addressed to the City Commission, c/o the City Clerk, 1700 Convention Center Drive, 1 st Floor, City Hall, Miami Beach, Florida 33139. This meeting may be opened and continued and, under such circumstances additional legal notice would not be provided. ' . Robert E. Parcher City Clerk City of Miami Beach Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that: if a person decides to appeal any decision made by the City Commission with resp~ to any matter considered at its meeting or its hearing, such person must ensure that a verbatim record of the proceedings is made, which record includes the._ testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission of othe~ inadmissible or irrelevant evidence, nor does it authorize challenges or appears-not otherwise allowed by law. '~_" To request this material in accessible format, sign language interpreters, information on access for persons with disabilities, and/or any accommodation to review any _ document or participate in any city-sponsored proceeding, please contact (305) 604-2489 (voice), (305) 673-7218(TTY) five days in advance to initiate your request. TIY users may also call 711 (Florida Relay Service). (Ad #380) \