Res No 069-10-13103RESOLUTION NO. 69 -10 -13103
A resolution of the Mayor and City Commission of the City of South
Miami, Florida instructing the City Manager and the City Attorney
on proceeding with the outstanding issues concerning the Municipal
Garage and the Lease Agreement with Mark Richman Properties;
and providing an effective date.
WHEREAS, the Committee of the Whole on March 23, 2010 discussed issues
with the Municipal Garage, and gave instructions to the City Manager and the City
Attorney; and
WHEREAS, it is appropriate that the aforesaid instructions be formalized by a
resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT:
Section z� Cit. C,..,,.,,issien hereby , --i �
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P.A. to represent the Gily of South Miami in eenjunetion with issues under the he se an'
with the Property -1 1-P-_` se- I to the attaelited enl-al-eme— 1--er -dated Mareh J
2010, .,.1. ; letter is attached to and .....ade .. part of this resolution as though
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Section 1. The City Manager, and Deputy City Attorney, and outside ,.,...nse
shall determine whether the failure to pay ad valorem taxes on March 30, 2010, because
an Appeal was filed, constitutes a default under the Lease. (Note: The taxes have been
paid as of March 30, 2010)
Section 2. The City Manager shall work with the Audit Committee to retain
an independent accounting firm to review the Lease, check for compliance, establish
actual capital costs and relevance of debt payments which information should be
furnished to the City Commission as soon as possible. The City Manager is to add this to
the scope of work to be done by the same audit firm being selected by the Audit
Committee to perform the City's annual audit. The garage related audit work will be a
stand -alone report. Thus, the selection process for said auditor of the Garage will be the
same accounting firm that is being selected in the selection process currently underway
for annual audit of the City. The City Commission shall be the final authority for
awarding the audit agreement.
Section 3. The City Manager, Deputy City Attorney, and outside counsel
shall keep the lines of communication open with the County Attorney and Property
Appraiser in addressing the situation wherein the Property Appraiser previously
suggested that the Garage and its actual space could be converted into a condominium. It
should be clear that the City has not made a final determination as to whether or not it is
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Res. no. 69 -10 -13103
interest of the City of South Miami to convert the Garage property into a condominium
and any such action may be done with approval by the City Commission
Section 4. This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED THIS 6th DAY OF April 2010.
ATTEST:
Y CLERK
/MAYOR
COMMISSION VOTE:
5 -0
Mayor Stoddard:
Yea
Vice Mayor Newman:
Yea
Commissioner Palmer:
Yea
Commissioner Beasley:
Yea
Commissioner Harris:
Yea
READ AND APPROVED AS TO FORM
AND SUF IENCY:
1
LAURENCE FEINGOLD
CITY ATTORNEY
WAMy Documents\resolutions \Resolution garage.newman rev(2).doc
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