Legislative Matter

Miami-Dade Legislative Item
File Number: 141008

Clerk's Official Copy

File Number: 141008

File Type: Resolution

Status: Adopted

Version: 0

Reference: R-800-13

Control: County Commission

File Name: LEASE AGREEMENT FOR TAMIAMI BRANCH LIBRARY

Introduced: 4/29/2014

Requester: Internal Services

Cost:

Final Action: 10/1/2013

Agenda Date: 10/1/2013

Agenda Item Number: 8F3

Notes:

THIS IS FINAL VERSION AS ADOPTED. ALSO SEE 130997.

Title:

RESOLUTION APPROVING TERMS OF AND AUTHORIZING EXECUTION BY THE COUNTY MAYOR OR THE COUNTY MAYOR’S DESIGNEE OF A LEASE AGREEMENT BETWEEN MIAMI-DADE COUNTY AND TAMIAMI LAKES PLAZA, INC., FOR PREMISES LOCATED AT 13250-52 S.W. 8 STREET, MIAMI, TO BE UTILIZED BY THE MIAMI-DADE PUBLIC LIBRARY SYSTEM FOR A PUBLIC LIBRARY, WITH A TOTAL FISCAL IMPACT TO THE COUNTY ESTIMATED TO BE $528,928.00 FOR THE INITIAL FIVE-YEAR TERM OF THE LEASE AND THE ADDITIONAL FIVE-YEAR RENEWAL OPTION PERIOD; AND AUTHORIZING THE COUNTY MAYOR OR THE COUNTY MAYOR’S DESIGNEE TO EXERCISE ANY AND ALL OTHER RIGHTS CONFERRED THEREIN [SEE ORIGINAL ITEM UNDER FILE NO. 130997]

Indexes:

LEASE AGREEMENT

Sponsors:

NONE

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

County Attorney	5/7/2014		Assigned	Juliette Antoine		5/8/2014

County Mayor	4/29/2014		Assigned	Lisa Martinez		4/29/2014

County Mayor	4/29/2014		Assigned	County Attorney	10/1/2013
REPORT:	ISD (amended version to 130997) - Juliette Antoine - no sponsor

Board of County Commissioners	10/1/2013	8F3 Amended	Adopted as amended				P
REPORT:	Assistant County Attorney Abigail Price-Williams noted the foregoing proposed resolution's supplement was amended; See Agenda Item 8F3 Supplement, Legislative File No. 131934 and Agenda Item 8F3 Amended; Legislative File No. 141008. It was moved by Commissioner Jordan to amend the foregoing proposed resolution as outlined in the supplement (Agenda Item 8F3 Supplement, Legislative File No. 131934) to incorporate the new rental rates and cancellation provision, as well as the attached executed Lease agreement. Commissioner Jordan asked if the actual savings were negotiated based on the increased or current amount. In response to Commissioner Jordan’s question, Mr. Lester Sola, Director, Internal Services, clarified the department has leases through Miami-Dade County and at times it includes escalation rates. He noted for this item, the negotiated rate, was $14.90 per square feet compared to the current rate of $20.87, but Mr. Sola advised the rate will automatically escalate to $21.87. Hearing no objection, the Commission amended the foregoing proposed resolution as outlined in the supplement (Agenda Item 8F3 Supplement, Legislative File No. 131934) to incorporate the new rental rates and cancellation provision, as well as the attached executed Lease agreement.

Legislative Text

TITLE
RESOLUTION APPROVING TERMS OF AND AUTHORIZING EXECUTION BY THE COUNTY MAYOR OR THE COUNTY MAYORï¿½S DESIGNEE OF A LEASE AGREEMENT BETWEEN MIAMI-DADE COUNTY AND TAMIAMI LAKES PLAZA, INC., FOR PREMISES LOCATED AT 13250-52 S.W. 8 STREET, MIAMI, TO BE UTILIZED BY THE MIAMI-DADE PUBLIC LIBRARY SYSTEM FOR A PUBLIC LIBRARY, WITH A TOTAL FISCAL IMPACT TO THE COUNTY ESTIMATED TO BE $528,928.00 FOR THE INITIAL FIVE-YEAR TERM OF THE LEASE AND THE ADDITIONAL FIVE-YEAR RENEWAL OPTION PERIOD; AND AUTHORIZING THE COUNTY MAYOR OR THE COUNTY MAYORï¿½S DESIGNEE TO EXERCISE ANY AND ALL OTHER RIGHTS CONFERRED THEREIN

BODY
WHEREAS, this Board desires to accomplish the purposes outlined in the accompanying 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 this Board hereby approves the terms of the Lease Agreement between Miami-Dade County and Tamiami Lakes Plaza, Inc., for the premises to be utilized by the Miami-Dade Public Library System for a public library, with a total fiscal impact to Miami-Dade County estimated to be $528,928.00 for the initial five-year term of the lease and the additional five-year renewal option period, in substantially the form attached hereto and made a part hereof; authorizes the County Mayor or the County Mayorï¿½s designee to execute same, for and on behalf of Miami-Dade County; and authorizes the County Mayor or the County Mayorï¿½s designee to exercise any and all other rights conferred therein.

HEADER
Date:

To: Honorable Chairwoman Rebeca Sosa
and Members, Board of County Commissioners

From: Carlos A. Gimenez
Mayor

Subject: Lease Agreement between Miami-Dade County and Tamiami Lakes Plaza, Inc., for the Tamiami
Branch Library Located at 13250-52 SW 8 Street, Miami, Florida
Lease No. 30-4902-025-0010-L01

STAFF RECOMMENDATION
Recommendation

It is recommended that the Board of County Commissioners (Board) approve the attached resolution authorizing the execution of a Lease Agreement between Miami-Dade County (County) and Tamiami Lakes Plaza, Inc. (Landlord), for the Tamiami Branch Library located at 13250-52 S.W. 8 Street, Miami, Florida. More specifically, the resolution does the following:
* Authorizes the leasing of 1,932 square feet of air conditioned commercial space; and
* Authorizes a lease term of five years, plus one additional five-year renewal option period.

Scope
The property is located in County Commission District 11, which is represented by Commissioner Juan C. Zapata.

Fiscal Impact/Funding Source
The total fiscal impact for the first year of the initial lease term will be $35,680. This amount is comprised of $28,784 in annual base rent (approximately $14.90 per square foot), $3,330 for utilities and alarm monitoring, $2,415 for janitorial and custodial services, and a $1,645 lease management fee. The total projected fiscal impact for the initial five-year lease term, plus the additional five-year renewal option term is estimated to be $528,928. The funding source is Library District funds.

Track Record/Monitoring
The County has no record of negative performance issues with the Landlord. Margaret Araujo, Chief Real Estate Officer, Real Estate Development Division; Internal Services Department is the lease monitor.

Delegation of Authority
Authorizes the County Mayor or the County Mayorï¿½s designee to execute the attached Lease Agreement and exercise the renewal and cancellation provisions.

MANAGER'S BACKGROUND
Background
The Tamiami Branch Library has been at this location since 2003, with the original lease between the Landlord and the County approved by the Board through R-720-02. The current Lease expires on June 30, 2013, but contains a ï¿½Holdoverï¿½ provision which allows the County to continue occupying the space on a month-to-month basis until the proposed Lease is approved.

Additional lease details are as follows:

COMPANY PRINCIPALS: Elides J. Guerrero, President/Director
Javier Arraiz, Vice President/Director/Secretary
Joel Benes, Manager

JUSTIFICATION: The Miami-Dade Public Library System has a need to continue utilizing this facility to provide services to the residents of District 11.

LEASE TERM: Five years, plus one additional five year renewal option period.

EFFECTIVE DATES: Commencing on the first day of the month following the effective date of the resolution approving the Lease Agreement, and terminating five years thereafter.

RENTAL RATE: The annual rent for the first lease year of the initial lease term will be $28,784.36, which is approximately $14.90 per square foot on an annual basis. The annual rent for the second year of the initial lease term will be $41,120.52, which is approximately $21.28 per square foot. The annual rent for the third through the fifth lease year of the initial lease term and any subsequent renewal option period, shall be adjusted as per the consumer price index pursuant to Article XVIII of the Lease. In no event shall the increase exceed three percent annually, or be less than the rent for the immediately preceding year.

LEASE CONDITIONS: The Landlord is responsible for water and sewer, maintenance of the building, common areas, air conditioning and the structure of the building. The County is responsible for electricity, fire equipment, janitorial and custodial services, phone, data and security.

CANCELLATION PROVISION: The County may cancel at any time by giving the Landlord 60 days written notice prior to its effective date.

OTHER PROPERTIES
EVALUATED: 3011 S.W. 107 Avenue, Miami ï¿½ $20.50 per square foot on an annual basis for a modified gross lease, plus a prorated share of the buildingï¿½s operating expenses, which are estimated to be $2.00 per square foot on an annual basis.

13914 S.W. 8 Street, Miami ï¿½ $21.00 per square foot on an annual basis for a triple net lease. The estimated cost for operating expenses is approximately $7.00 per square foot on an annual basis.

14218 S.W. 8 Street, Miami ï¿½ $22.00 per square foot on an annual basis for a triple net lease. The estimated cost for operating expenses is approximately $5.00 per square foot on an annual basis.

Attachment

__________________________
Lisa Martinez
Senior Advisor