§ 2-8.6.5. Purchase, sale, lease of real property.

(1)

Definitions. As used in this section:

(a)

The term "Principal" means an owner, officer, or director. By exception, the term Principal shall not include the shareholders of a publicly traded corporation.

(b)

The term "Tenant" means an individual, corporation, partnership, joint venture, or other legal entity, including both for-profit and not-for-profit entities.

(2)

Documenting ownership interest.

(a)

Prior to the County's entering into any contract, agreement or lease relating to the purchase, sale or leasing of real property by, to or from the County, all individuals, corporations, partnerships, joint ventures or other legal entities having any interest of any kind in the property to be purchased, sold or leased, shall file with the County a document identifying the extent of its ownership interest in the subject real property.

(b)

Failure by any party to comply with the requirements of subsection (2)(a) hereof shall render the entire agreement to purchase, sale or lease voidable.

(3)

Criminal background checks of certain proposed Tenants.

(a)

Prior to the County entering into a nonresidential lease of County-owned property with a proposed Tenant where the property is to be used by the proposed Tenant as a facility for, or to provide programs and services to, children and/or developmentally disabled individuals, the County Mayor or Mayor's designee shall perform a national criminal background check of the proposed Tenant, of its Principals, and of any spouses, parents and children of the proposed Tenant and its Principals that will be working at the nonresidential County-owned property to be leased. The cost of the criminal background check(s) performed by the County shall be the responsibility of the proposed Tenant and payment for the cost of the criminal background checks shall be made by the proposed Tenant to Miami-Dade County prior to the County incurring the cost thereof.

(b)

Together with any recommendation to approve a nonresidential lease of County-owned property to be used as a facility for, or to provide programs and services to, children and/or developmentally disabled individuals, the County Mayor shall report to the Board of County Commissioners any instance where the criminal background check required by subsection (3)(a) hereof revealed information which may adversely affect a finding of Tenant responsibility.

(4)

Conveyances of County property to Not-For-Profit Entities.

(a)

Notwithstanding and prevailing over any other provisions of the code, unless otherwise provided herein, all conveyances to not-for-profit entities for a public purpose or community interest and welfare under section 125.38, Florida Statutes, as may be amended from time to time, shall be by lease and not by deed, and such lease shall include a timeframe for lease termination in the event the purpose of the lease is not effectuated within the period specified in such lease. The Board may, by resolution adopted by two-thirds (2/3) vote of the Board members present, waive the requirements herein that conveyance be by lease upon a finding that a compelling circumstance exists for conveyance of County property to a not-for-profit entity by deed.

(b)

Any not-for-profit entity desiring the conveyance of County property for a public purpose or community interest and welfare shall submit a written request to the Director or designee of the County's Internal Services Department or its successor department, identifying the property requested and the proposed use of such property. If the not-for-profit entity desires that the conveyance be by deed, it shall include in its written request the specific basis for the compelling circumstances asserted by the entity to justify the conveyance by deed. The Director or designee, shall within ten business days of receipt of the request, forward same to the office of the County Commissioner in which district the property is located.

(c)

Notwithstanding subsections (a) and (b) above, such requirements shall not apply to conveyances of County property to not-for-profit entities which develop such properties in accordance with the Miami-Dade County Infill Housing Initiative Program, as codified in section 17-121 et seq. of the Code, or other County affordable housing and workforce housing programs.

(Ord. No. 00-4, §§ 1, 2, 1-25-00; Ord. No. 12-53, § 1, 7-3-12; Ord. No. 17-51, § 1, 7-18-17)