2016-29438 Reso RESOLUTION NO. 2016-29438
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, FOLLOWING A DULY ADVERTISED PUBLIC
HEARING, AND WAIVING, BY 5/7TH VOTE, THE COMPETITIVE BIDDING
REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF
THE CITY; AND APPROVING AND AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE A LEASE AGREEMENT, SUBSTANTIALLY IN THE FORM
ATTACHED TO THIS RESOLUTION, BETWEEN THE CITY AND LIGHTHOUSE
CHURCH OF MIAMI BEACH, INC. (TENANT), FOR THE USE OF
APPROXIMATELY 82 SQUARE FEET OF CITY-OWNED PROPERTY, LOCATED
ON THE FIRST FLOOR AT 833 6TH STREET, MIAMI BEACH, FLORIDA
(PREMISES), FOR A TERM OF THIRTY-NINE (39) MONTHS, COMMENCING
JULY 1, 2016 AND ENDING SEPTEMBER 30, 2019.
WHEREAS, the South Shore Community Center (Center) is located at 833 6th Street and is
owned by the City of Miami Beach (City); and
WHEREAS, the Center provides space to various not-for-profit, community service
organizations including Miami Dade County Community Action Agency, Jewish Community
Services of South Florida, Inc., Little Havana Activities and Nutrition Centers of Dade County, Inc.
and South Florida Workforce Investment Board, Inc. d/b/a Careersource South Florida.
WHEREAS, there is currently approximately 1,019 square feet of office space and 216 square
feet of storage space available at the Center; and
WHEREAS, Tenant utilizes the auditorium, under a monthly Facility Rental Request, for public
worship services on Sundays and has requested to lease 82 square feet of interior storage space
on the ground floor to store their music equipment and other items related to their use of the
auditorium; and
WHEREAS, the City charges the existing tenants $1.20 annually for base rent and only
charges specific operating expenses (limited to utilities, maintenance and janitorial services),
currently estimated to be $11.06 per square foot, incurred by the City to operate the Center; and
WHEREAS, the Administration submitted the agreed upon terms and conditions to the
Finance and Citywide Projects Committee (FCPC) at its May 20, 2016 meeting, and the FCPC
recommended approving a new lease agreement with Tenant, containing the following essential
terms:
Term: Thirty-nine (39) months commencing July 1, 2016 and ending September
30, 2019. (This is coterminous with all the other agreements at the Center).
Base Rental Rate: $1.20 annually
Lease Basis: Triple Net - Tenant shall pay its proportionate share of the operating
expenses (currently estimated to be $11.06 per square foot) in the amount
of$75.58 monthly
Construction Tenant shall accept the Premises in "as-is" condition.
Allowance:
NOW, THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission,
following a duly advertised public hearing, hereby waive, by 5/7ths vote, the competitive bidding
requirement, finding such waiver to be in the best interest of the City; and approve and authorize
the Mayor and City Clerk to execute a lease agreement, substantially in the form attached to this
Resolution as Exhibit "A", between the City and Lighthouse Church of Miami Beach, Inc. (Tenant),
for the use of approximately 82 square feet of City-owned property, located at 833 6th Street, Miami
Beach, Florida (Premises), for a term of thirty-nine (39) months, commencing July 1, 2016 and
ending September 30, 2019.
PASSED and ADOPTED this ft day of JLINe. 2016.
ATTEST:
Gn /ib f
Rafa E. o, C, Clerk •��u%%%%%%% ilip .=v'- -aor
B� 111
1
...ei,. rte
T:\AGENDA\2016Uune\TCED\SSCC-New a q\S• C Le-- e Agree' otsKL •MB RESO.docx
INCORP ORATED ,
\k .
4,14.'4 L-- € �F APPROVED AS
n ,_H 2 TO
FORM & LANGU AGE
& FOR EXECUTII
,4__A , .." --C"ZO -)4,
/ City Attorney 91r Dote
LEASE AGREEMENT
THIS LEASE AGREEMENT, made this day of , 2016, by
and between the CITY OF MIAMI BEACH, a Florida municipal corporation (hereinafter
referred to as "City" or "Landlord"), and LIGHTHOUSE CHURCH OF MIAMI BEACH,
INC., a Florida not-for-profit corporation (hereinafter referred to as `{Tenant").
1. Demised Premises.
The City, in consideration of the rentals hereinafter-reserved to be paid and of the
covenants, conditions and agreements to beireliknd performed by the Tenant,
hereby leases, lets and demises to the Tenant, andenant hereby leases and
hires from the City, those certainemises herein after referred to as the
{{Demised Premises" and more fullyjdescribed as follows::;;.:,
Approximately eighty-two (82=)` uare feet of lea •a storage
space on the 1st floor of the SouthtShore°Community Center (a.k.a.
the 6th Street Community Center or thBuilding"), locate Vat 833
Sixth Street, Miami BeachFlorida, 331L39, and as more specifically
delineated in {{Exhibit 1 atta hed hereto a d incorporated herein.
2. Term. -•f�;<-
:EJ'ir -
2.1 TenantIshall be entitled to have-.and to hold:the Demised Premises for an
initial to m of thirt nine (39) months, commencing on the 1st day of July,
2016 (the "Commencement Date"), and ending on the 30th day of
=- 20x1:9: For ur oses f this Lease Agreement, and including,
p p� g g
without limitation, Subsections 2.2 and 2.3 herein, a "contract year" shall
r_ - be defined, as that certain period commencing on the 1st day of July, and
`-; ,,-ending on the 30th day4of June.
`
2.2 Intentionally Omitted.
2.3 NOTWITHSTANDING SUBSECTIONS 2.1 AND 2.2 HEREIN, THIS
AGREEMENT MAY BE TERMINATED BY EITHER PARTY, WITHOUT
CAUSE AND FOR CONVENIENCE AT ANY TIME DURING THE TERM
(INCLUDING ANY RENEWAL TERM), UPON FURNISHING THIRTY (30)
DAYS WRITTEN NOTICE TO THE OTHER PARTY.
3. Rent.
3.1 Base Rent:
Base Rent for the Demised Premises shall begin to accrue on the
Commencement Date.
3.1.1 Throughout the Term herein, the Base Rent for the Demised
1
Premises shall be One Dollar and Twenty Cents ($1.20) per
year, payable by Tenant monthly, commencing on the
Commencement Date and, thereafter, on each first day of
subsequent months.
3.1.2 Concurrent with the payment of the Base Rent, Tenant shall
also include any and all additional sums for all applicable sales
and use tax, now or hereafter prescribed by Federal, State or
local law.
3.2 Additional Rent:
In addition to the Base Rent, as set forth ih:Section 3.1, Tenant shall also
pay the following Additional Rent as provided below:
3.2.1 Operating Expenses:
Tenant shall pay Seventy Five Dollars__:;and 58/100 ($75.58) per
month, for its proportionate share of"Operating Expenses"
which are defined as follows: f..-
-�-eft
"Operating.
Operating Expenses -shallf.mean the following costs and
expenses: incurred in operating, repairing, and maintaining the
Common Vgilities (as hereinafter defined) and shall include
electrical service;%.water service, sewer service, stormwater
costs, maintenance and;repair costs and janitorial service to the
;- Bu_i _lding (including the Demised Premises).
{-
` '` "Common. Facilities'>,%shall mean' all Building g areas, spaces,
=- equipmenntt, as well ascertain services, available for use by or
forr t�helieneft of Tenan and/or its employees, agents, servants,
/- ---- = _ -,, volunteers, customers, guests and/or invitees.
**A._{i ti
Irres ective of the items listed above, amounts due by Tenant,
assated with Common Facilities Operating Expenses, will be
`==
Au
determined based on Tenant's pro-rata share of the items more
specifically described in "Exhibit 3.2.1", which is hereby made a
part this Lease Agreement. Pro-rata share shall mean the
percent which the Demised Premises bears to the total square
' footage of leasable space within the Building, which share is
hereby agreed to be 0.647%. Tenant agrees and understands
that the costs incurred for Operating Expenses may increase or
decrease and, as such, Tenant's pro-rata share of Operating
Expenses shall increase or decrease accordingly.
3.2.2 Property Taxes:
The Property Tax Payment shall be payable by Tenant, in
accordance with Section 11 herein.
3.2.3 Insurance:
Intentionally Omitted.
2
3.3 Sales Taxes_:
Concurrent with the payment of the Base Rent and Additional Rent as
provide herein, Tenant shall also pay any and all sums for all applicable
tax(es), including without limitation, sales and use taxes and Property
Taxes, imposed, levied or assessed against the Demised Premises, or
any other charge or payment required by any governmental authority
having jurisdiction there over, even though the taxing statute or ordinance
may purport to impose such tax against the City.
3.4 Enforcement.
Tenant agrees to pay the Base Rent, Additional Rent, and any other
amounts as may be due and payable by.Tenant under this Agreement, at
the time and in the manner provided herein, and should said rents and/or
other additional amounts due herein provided, at any time remain due and
unpaid for a period of fifteen (15) days after the same shall become due,
the City may exercise any or all options available to it hereunder, which
options may be exercised concurrently or separately, or the City may
pursue any other remedies enforced by law.
ter:;,
4. Location for Payments. _ =_; .1,-::::26-•:-sf +<4�
All rents or other paymentsdue hereurdershall be paid to the City at the
following address: ,-. -vJ : `
'%:iv `'if''Y`s:i -�FFii�'i�..
Citynof Miami<Beach ::
r::}Y fi Y-
...<n:33E-:,:.-`-::-,,. Revenue Manager
=f`-5:'r 1700''Convention'CenterDrive 3rd Floor
- Miami Beach,s'F o ida 33139
or at,such/;other add ress as tl e::City may, from time to time, designate in writing.
..<frf`fi r-n•!-ii:�v-iy. ''Tiger ~:-:Fi+i - l£
5. Parking. ~`f-r,:, rf; _, -::, :
Intentionally Omitted. `i' =€:.
6. Security Deposit. _. ;
Intentionally.Omitted. It;
'' 'ii `
7. Use and Possession-of Demised Premises.
7.1 The Demised Premises shall be used by the Tenant solely for the
purpose(s) of storing music equipment and other items related to Tenant's
use of the auditorium.
Tenant shall not otherwise modify the days or hours of operation without
the prior written approval of the City Manager. Nothing herein contained
shall be construed to authorize hours contrary to the laws governing such
operations.
3
7.2 It is understood and agreed that the Demised Premises shall be used by
the Tenant during the Term of this Agreement only for the above
purpose(s)/use(s), and for no other purpose(s) and/or use(s) whatsoever.
Tenant will not make or permit any use of the Demised Premises that,
directly or indirectly, is forbidden by law, ordinance or government
regulation, or that may be dangerous to life, limb or property. Tenant may
not commit (nor permit) waste on the Demised Premises; nor permit the
use of the Demised Premises for any illegal purposes; nor commit a
nuisance on the Demised Premises. In the event that the Tenant uses the
Demised Premises (or otherwise allows the Demised Premises to be
used) for any purpose(s) not expressly permitted herein, or permits and/or
allows any prohibited use(s) as provided.herein, then the City may declare
this Agreement in default pursuant to_ S ction 18 or, without notice to
Tenant, restrain such improper use by, injunction or other legal action.
7.3 Tenant shall also maintain its nnootfor-profit stat in full force and effect,
and in good standing, throughout'the Term herein.",
8. Improvements.
8.1 Tenant accepts the;Demised Premisesin their present "AS IS" condition
and may construct or,:cause to be constructed, such interior and exterior
improvements and ma'intenance, to the Deed Premises, as reasonably
necessary for it to carry on its permitted use(s), as set forth in Section 7;
rovided`,
p however, that any plans forsuch improvements shall be first
-s •6= :�=met:;
submitted to the City Manager for his prior r,_itten consent, which consent,
if granted at all;., shall be't-?_0(.-the City Managers sole and absolute
discretion''Additionally, any and all approved improvements shall be made
.,: t",r
aTenant s :fsole.. <exp e and responsibility. All permanent (fixed)
:, _+,improvements to'the Demised Premises shall remain the property of the
y� r"a �
.= City up�otermination and/ expiration of this Agreement. Upon
terminationand/or expiration of this Agreement, all personal property and
_ non-perma fixtu
trade res may be removed by the Tenant from the
'?' Demised Premises, provided that they can be (and are) removed without
damage to the Demised Premises. Tenant will permit no liens to attach to
theDemised Premises arising from, connected with, or related to the
design and - construction of any improvements. Moreover, such
construction shall be accomplished through the use of licensed, reputable
contractors who are acceptable to the City. Any and all permits and or
licenses required for the installation of improvements shall be the sole cost
and responsibility of Tenant.
8.2 Notwithstanding Subsection 8.1, upon termination and/or expiration of this
Agreement, and at City's sole option and discretion, any or all alterations
or additions made by Tenant to or in the Demised Premises shall, upon
written demand by the City Manager, be promptly removed by Tenant, at
its expense and responsibility, and Tenant further hereby agrees, in such
event, to restore the Demised Premises to their original condition prior to
the Commencement Date of this Agreement.
4
8.3 The above requirements for submission of plans and the use of specific
contractors shall not apply to improvements (which term, for purposes of
this Subsection 8.3 only, shall also include improvements as necessary for
Tenant's maintenance and repair of the Demised Premises) which do not
exceed Five Hundred ($500.00) Dollars, provided that the work is not
structural, and provided that it is permitted by applicable law.
9. City's Right of Entry.
9.1 The City Manager, and/or his authorized;representatives, shall have the
right to enter upon the Demised Premises-'at all reasonable times for the
purpose of inspecting same; preventi gte; making such repairs as the
nd
City may consider necessary; a fo the pose of preventing fire, theft
or vandalism. The City agrees thaatt, whenever reasonably possible, it shall
use reasonable efforts to proved? otice (whetheniitten or verbal), unless
the need to enter the DemisePremises is an emergency, as deemed by
the City Manager, in his sole discretion, which if- not immediately
addressed could cause property damag loss of life or limb, or other
Not
. '' r<
injury to persons. ' g herein shallmply any duty on the part of the
City to do any workhat under anyprovisions of this Agreement the
Tenant may be required, to perform, andthe performance thereof by the
City shall not constitute a'■ aiver.of•the Tenant<s default.
9.2 If the Tenant shall not be personally presentto open and permit entry into
the Demised and any entry thereon
shall be necessary:or permissible, the City Manager, and/or his authorized
. :representat es,:<may enter the mised Premises by master key, or may
r' :_ forcibly enter'-tf=ie'Demised�_Prernises without rendering the City or such
agents liable therefore.
''t ffl+a
9.3 ' :-=. Tenant shall furnish -the City with duplicate keys to all locks including
exterior and initerioroors prior to (but no later than by) the
Comrnenceme Date of this Agreement. Tenant shall not change the
locks to the Dee ed Premises without the prior written consent of the City
Manager, andihe event such consent is given, Tenant shall furnish the
City with3uplica keys to said locks in advance of their installation.
10. Tenant's Insurance.
10.1 Tenant shall, at its sole cost and expense, comply with all insurance
requirements of the City. It is agreed by the parties that Tenant shall not
occupy the Demised Premises until proof of the following insurance
coverages have been reviewed and approved by the City's Risk Manager:
10.1.1 Comprehensive General Liability, in the minimum amount of
One Million ($1,000,000) Dollars (subject to adjustment for
inflation) per occurrence for bodily injury and property damage.
5
The City of Miami Beach must be named as an additional
insured on this policy.
10.1.2 Workers Compensation and Employers Liability coverage in
accordance with Florida statutory requirements.
10.1.3 All-Risk property and casualty insurance, written at a minimum
of eighty (80%) percent of replacement cost value and with
replacement cost endorsement, covering all leasehold
improvements installed in the Demised Premises by or on
behalf of Tenant and including without limitation all of Tenant's
personal property in the Demised Premises (including, without
limitation, inventory, trade fixtures, floor coverings, furniture, and
other property removable by Tenant under the provisions of this
Agreement).
10.2 Proof of these coverages must be provided by submitting original
certificates of insurance to the City's Risk Manager and Asset Manager
respectively. All policies must provide thirty (30) days written notice of
cancellation to both the City's Risk Manager and Asset Manager (to be
submitted to the addresses set forth in Section 27 hereof). All insurance
policies shall be issued by companies authorized to do business under the
laws of the State of Florida and must have a rating of B+:VI or better per
A.M. Best's Key Rating Guide, latest edition, and certificates are subject to
the approval of the City's Risk Manager.
11. Property Taxes and Assessments.
For the purposes of this Section and other provisions of this Agreement:
11.1 The term "Property Taxes" shall mean (i) real estate taxes, assessments,
and special assessments of any kind which may be imposed upon the
Demised Premises and/or the tax lot and/or property/Building which may
include the Demised Premises (hereinafter referred to as the "tax lot"), and
(ii) any expenses incurred by the City in obtaining a reduction of any such
taxes or assessments.
11.2 The term "Property Tax Year" shall mean the period of twelve (12)
calendar months, beginning on January 1St of each year.
11.3 Tenant shall pay, as Additional Rent pursuant to Section 3.2, for such
Property Tax Year an amount ("Property Tax Payment") equal to Tenant's
pro-rata share of Property Taxes (if any) for such Property Tax Year; said
pro-rata share to be determined by the City based upon the ratio of the
Demised Premises to the tax lot. If a Property Tax Year ends after the
expiration or termination of the term of this Agreement, the Property Tax
Payment therefore shall be prorated to correspond to that portion of such
Property Tax Year occurring within the term of this Agreement. The
Property Tax Payment shall be payable by Tenant immediately upon
receipt of notice from the City. A copy of the tax bill(s) or other evidence of
6
such taxes issued by the taxing authorities, together with the City's
computation of the Property Tax Payment, will be made available to
Tenant once received from the taxing authorities, if requested by Tenant.
Tenant shall pay any difference in the amount between the estimated
property taxes and the actual property taxes to the City immediately, upon
receipt of request for said payment from the City.
12. Assignment and Subletting.
Tenant shall not have the right to assign or sublet the Demised Premises, in
whole or in part, without the prior written consent of the City Manager, which
consent, if granted at all shall be at the City Manager's sole and absolute
discretion. Such written consent is not a matter of right and the City is not
obligated to give such consent. If granted as p o ided herein, the making of any
assignment or sublease will not release Tenant=from any of its obligations under
this Agreement. ?`''°
13. Operation, Maintenance and Repair-
13.1 Tenant shall be solely responsible for the operation;;maintenance and
repair of the Demised Premises T4eenan shall, at its sole expense and
responsibility, maintain the Demisedr`Premises, and all fixtures and
appurtenances therein **shall make repairs thereto, as and when
needed, to preserve them-in=good working order and condition. Tenant
shall be responsible for all interiowalls and-the interior and exterior of all
windows=and;:doors, as well as immediate replacement of any and all plate
glass- ;other glass in the Demised Premises which may become broken,
usin oe me or bee q .ualit
g�rg lass f tha
Y
TheCity shall be =responsible for the maintenance of the HVAC system,
-}w-roof,=a structural£:exterior of the Building, the structural electrical and
h' ' lumbing--(other4h.`an plumbing surroundin any sink(s) and/or toilet(s),
including such sinks)and toilet(s) fixtures, within the Demised Premises),
`r_?Ew---and the common areas,. The City shall maintain and/or repair those items
that it is responsible for, so as to keep same in proper working condition.
13.2 All'aa—mage or injury of any kind to the Demised Premises, and including
withouttlimitation. its fixtures, glass, appurtenances, and equipment (if
any), or to the building fixtures, glass, appurtenances, and equipment, if
any, except damage caused by the gross negligence and/or willful
misconduct of the City, shall be the sole obligation of Tenant, and shall be
repaired, restored or replaced promptly by Tenant, at its sole cost and
expense, to the satisfaction of the City.
13.3 All of the aforesaid repairs, restorations and replacements shall be in
quality and class equal to or better than the original work or installations
and shall be done in good and workmanlike manner.
13.4 If Tenant fails to make such repairs or restorations or replacements, the
same may be made by the City, at the expense of Tenant, and all sums
7
spent and expenses incurred by the City shall be collectable by the City
and shall be paid by Tenant within three (3) days after submittal of a bill or
statement therefore.
13.5 It shall be Tenant's sole obligation and responsibility to insure that any
renovations, repairs and/or improvements made by Tenant to the Demised
Premises comply with all applicable building codes and life safety codes of
governmental authorities having jurisdiction.
13.6 Tenant Responsibilities for Utilities (not included within Operating
Expenses).
Tenant is solely responsible for, and shall promptly pay when due, all
charges and impact fees for any and all utilities for the Demised Premises
NOT included as an Operating Expense (pursuant to Subsection 3.2.1).
In addition to other rights and remedies hereinafter reserved to the City,
upon the failure of Tenant to pay for such utility services (as contemplated
in this Subsection 13.6) when due, the City may elect, at its sole
discretion, to pay same, whereby Tenant agrees to promptly reimburse the
City upon demand.
In no event, however, shall the City be liable, whether to Tenant or to third
parties, for an interruption or failure in the supply of any utilities or services
to the Demised Premises.
13.7 TENANT HEREBY ACKNOWLEDGES AND AGREES THAT THE
DEMISED PREMISES ARE BEING LEASED IN THEIR PRESENT "AS
IS" CONDITION.
14. Governmental Regulations.
Tenant covenants and agrees to fulfill and comply with all statutes, ordinances,
rules, orders, regulations, and requirements of any and all governmental bodies,
including but not limited to Federal, State, Miami-Dade County, and City
governments, and any and all of their departments and bureaus applicable to the
Demised Premises, and shall also comply with and fulfill all rules, orders, and
regulations for the prevention of fire, all at Tenant's own expense and
responsibility. Tenant shall pay all cost, expenses, claims, fines, penalties, and
damages that may be imposed because of the failure of the Tenant to comply
with this Section, and shall indemnify and hold harmless the City from all liability
arising from each non-compliance.
15. Liens.
Tenant will not permit any mechanics, laborers, or materialman's liens to stand
against the Demised Premises or improvements for any labor or materials to
Tenant or claimed to have been furnished to Tenant's agents, contractors, or
sub-tenants, in connection with work of any character performed or claimed to
have performed on said Premises, or improvements by or at the direction or
sufferance of the Tenant; provided however, Tenant shall have the right to
contest the validity or amount of any such lien or claimed lien. In the event of
8
such contest, Tenant shall give the City reasonable security as may be
demanded by the City to insure payment thereof and prevent sale, foreclosure, or
forfeiture of the Premises or improvements by reasons of such non-payment.
Such security need not exceed one and one half (1'/2) times the amount of such
lien or such claim of lien. Such security shall be posted by Tenant within ten (10)
days of written notice from the City, or Tenant may "bond off' the lien according
to statutory procedures. Tenant will immediately pay any judgment rendered with
all proper costs and charges and shall have such lien released or judgment
satisfied at Tenant's own expense.
16. Intentionally Omitted.
17. Condemnation.
17.1 If at any time during the Term of this Agreement (including any renewal
term hereunder) all or any part or portion of the Demised Premises is
taken, appropriated, or condemned by reason of Eminent Domain
proceedings, then this Agreement shall be terminated as of the date of
such taking, and shall thereafter be completely null and void, and neither
of the parties hereto shall thereafter have any rights against the other by
reason of this Agreement or anything contained therein, except that any
rent prepaid beyond the date of such taking shall be prorated to such date,
and Tenant shall pay any and all rents, additional rents, utility charges,
and/or other costs for which it is liable under the terms of this Agreement,
up to the date of such taking.
17.2 Except as hereunder provided, Tenant shall not be entitled to participate in
the proceeds of any award made to the City in any such Eminent Domain
proceeding, excepting, however, Tenant shall have the right to claim and
recover from the condemning authority, but not from the City, such
compensation as may be separately awarded or recoverable by Tenant in
Tenant's own right on account of any and all damage to Tenant's business
by reasons of the condemnation and for or on account of any cost or loss
which Tenant might incur in removing Tenant's furniture and fixtures.
18. Default.
18.1 Default by Tenant:
At the City's option, any of the following shall constitute an Event of
Default under this Agreement:
18.1.1 The Base Rent, Additional Rent, or any other amounts as may
be due and payable by Tenant under this Agreement, or any
installment thereof, is not paid promptly when and where due
within fifteen (15) days of due date, and Tenant shall not have
cured such failure within five (5) days after receipt of written
notice from the City specifying such default;
9
18.1.2 The Demised Premises shall be deserted, abandoned, or
vacated;
18.1.3 The Tenant shall fail to comply with any material term, provision,
condition or covenant contained herein other than the payment
of rent and shall not cure such failure within thirty (30) days after
the receipt of written notice from the City specifying any such
default; or such longer period of time acceptable to the City, at
its sole discretion;
18.1.4 Receipt of notice of violation from any governmental authority
having jurisdiction dealing with a law, code, regulation,
ordinance or the like, which remains uncured for a period of
thirty (30) days from its issuance, or such longer period of time
as may be acceptable and approved in writing by the City
Manager, at his sole discretion;
18.1.5 Any petition is filed by or against Tenant under any section or
chapter of the Bankruptcy Act, as amended, which remains
pending for more than sixty (60) days, or any other proceedings
now or hereafter authorized by the laws of the United States or
of any state for the purpose of discharging or extending the time
for payment of debts;
18.1.6 Tenant shall become insolvent;
18.1.7 Tenant shall make an assignment for benefit of creditors;
18.1.8 A receiver is appointed for Tenant by any court and shall not be
dissolved within thirty (30) days thereafter;
18.1.9 The leasehold interest is levied on under execution; or
18.1.10 Tenant fails to maintain its not-for-profit status in current and
good standing, as required pursuant to Subsection 7.3 herein.
19. Rights on Default.
19.1 Rights on Default:
In the event of any default by Tenant as provided herein, City shall have
the option to do any of the following, in addition to and not in limitation of,
any other remedy permitted by law or by this Agreement;
19.1.1 Terminate this Agreement, in which event Tenant shall
immediately surrender the Demised Premises to the City, but if
Tenant shall fail to do so the City may, without further notice,
and without prejudice to any other remedy the City may have for
possession or arrearages in rent or damages for breach of
contract, enter upon the Demised Premises and expel or
10
remove Tenant and its effects in accordance with law, without
being liable for prosecution or any claim for damages therefore,
and Tenant agrees to indemnify and hold harmless the City for
all loss and damage which the City may suffer by reasons of
such Agreement termination, whether through inability to re-let
the Demised Premises, or otherwise.
19.1.2 Declare the entire amount of the Base Rent and Additional Rent
which would become due and payable during the remainder of
the term of this Agreement to be due and payable immediately,
in which event Tenant agrees to pay the same at once, together
with all rents therefore due, ;a the address of the City, as
provided in the Notices section of this Agreement; provided,
however, that such paymen' hall not constitute a penalty,
forfeiture, or liquidateA damage, but shall merely constitute
payment in advance,orghe rents fortl a remainder of said term
and such payment shall be considered, construed and taken to
be a debt provable in:bankruptcy or receivership.
19.1.3 Enter the Demised Premises:as:•the agent of tenant, by force if
necessary, without thout being-liable to prosecution o any claim for
damages therefore; removnenant's property there from; and
re-let the DmisedPremises, orportions thereof, for such terms
_andand upon such cond ons which the City deems, in its sole
•-<.;_: - _ --- r;
rdiscretion, desirable, and_-to£ receive the rents therefore, and
:: :.,-Tenant shall pay rtheueity any deficiency that may arise by
-:t1„:, reason o�f such re-letting, on demand at any time and from time
-Nao time at the office of�the City; and for the purpose of re-letting,
, :n_::3,,... the City niay (i) make any repairs, changes, alterations or
,.��r .v : "_rte; additions in or to4said Demised Premises that may be necessary
` ` y:or convenient; (ii) pay, all costs and expenses therefore from
' - , -rents resulting from re-letting; and (iii) Tenant shall pay the City
-:.:/fief '-:i(l::-t�
•<,✓i�_:- anydeficiency as aforesaid.
:'dr'K%i
f[I
19:1 4 Tak&:p ssession of any personal property owned by Tenant on
11„..,. said Demised Premises and sell the same at public or private
'=` --sale, and apply same to the
: ;��,r:- pp y payment of rent due, holding
Tenant liable for the deficiency, if any
19.1.5 It is expressly agreed and understood by and between the
parties hereto that any installments of rent accruing under the
provisions of this Agreement which shall not be paid when due
shall bear interest at the maximum legal rate of interest per
annum then prevailing in Florida from the date when the same
was payable by the terms hereof, until the same shall be paid by
Tenant. Any failure on the City's behalf to enforce this Section
shall not constitute a waiver of this provision with respect to
future accruals of past due rent. No interest will be charged for
payments made within the grace period, such grace period to be
11
defined as within five (5) days from the due date. In addition,
there will be a late charge of Fifty ($50.00) Dollars for any
payments submitted after the grace period.
19.1.6 If Tenant shall default in making any payment of monies to any
person or for any purpose as may be required hereunder, the
City may pay such expense but the City shall not be obligated to
do so. Tenant, upon the City's paying such expense, shall be
obligated to forthwith reimburse the City for the amount thereof.
All sums of money payable by Tenant to the City hereunder
shall be deemed as rent for use of the Demised Premises and
collectable by the City from Tenant as rent, and shall be due
from Tenant to the City on the first day of the month following
the payment of the expense by the City.
19.1.7 The rights of the City under this Agreement shall be cumulative
but not restrictive to those given by law and failure on the part of
the City to exercise promptly any rights given hereunder shall
not operate to waive or to forfeit any of the said rights.
19.2 Default by City:
The failure of the City to perform any of the covenants, conditions and
agreements of this Agreement which are to be performed by the City and
the continuance of such failure for a period of thirty (30) days after notice
thereof in writing from Tenant to the City (which notice shall specify the
respects in which Tenant contends that the City failed to perform any such
covenant, conditions and agreements) shall constitute a default by the
City, unless such default is one which cannot be cured within thirty (30)
days because of circumstances beyond the City's control, and the City
within such thirty (30) day period shall have commenced and thereafter
shall continue diligently to prosecute all actions necessary to cure such
defaults.
However, in the event the City fails to perform within the initial thirty (30)
day period provided above, and such failure to perform prevents Tenant
from operating its business in a customary manner and causes an undue
hardship for Tenant, then such failure to perform (regardless of
circumstances beyond its control) as indicated above, shall constitute a
default by the City.
19.3 Tenant's Rights on Default:
If an event of the City's default shall occur, Tenant, to the fullest extent
permitted by law, shall have the right to pursue any and all remedies
available at law or in equity, including the right to sue for and collect
damages, including reasonable attorney fees and costs, to terminate this
Agreement; provided however, that Tenant expressly acknowledges and
agrees that any recovery by Tenant shall be limited to the amount set forth
in Subsection 19.4 and Section 32 of this Agreement.
12
19.4 Limitation of City's Liability in the Event of City's Default:
NOTWITHSTANDING SUBSECTIONS 19.2 AND 19.3 OF THIS
AGREEMENT, TENANT AND THE CITY HEREBY ACKNOWLEDGE
AND AGREE THAT, AS THE CITY HAS AGREED TO LEASE THE
DEMISED PREMISES TO TENANT (AS A NOT-FOR-PROFIT ENTITY)
FOR RENT AT SUBSTANTIALLY BELOW-MARKET VALUE, THE CITY'S
LIABILITY FOR ANY DAMAGES AND OR OTHER RECOVERABLE
COSTS SHALL BE SUBJECT TO THE MAXIMUM AMOUNT AS SET
FORTH IN SECTION 32 ("LIMITATION OF LIABILITY") OF THIS
AGREEMENT.
20. Indemnity Against Costs and Charges.
20.1 Tenant shall be liable to the City for all costs and charges, expenses,
reasonable attorney's fees, and damages which may be incurred or
sustained by the City, by reason of Tenant's breach of any of the
provisions of this Agreement. Any sums due the City under the provisions
of this item shall constitute a lien against the interest of the Tenant and the
Demised Premises and all of Tenant's property situated thereon to the
same extent and on the same conditions as delinquent rent would
constitute a lien on said premises and property.
20.2 If Tenant shall at any time be in default hereunder, and if the City shall
deem it necessary to engage an attorney to enforce the City's rights and
Tenant's obligations hereunder, Tenant will reimburse the City for the
reasonable expenses incurred thereby, including, but not limited to, court
costs and reasonable attorney's fees, whether suit be brought or not and if
suit be brought, then Tenant shall be liable for expenses incurred at both
the trial and appellate levels.
21. Indemnification Against Claims.
21.1 Tenant shall indemnify and save the City harmless from and against any
and all claims or causes of action (whether groundless or otherwise) by or
on behalf of any person, firm, or corporation, for personal injury or
property damage occurring upon the Demised Premises or upon any other
land or other facility or appurtenance used in connection with the Demised
Premises, occasioned in whole or in part by any of the following:
21.1.1 An act or omission on the part of Tenant, or any employee,
agent, contractor, invitee, guest, assignee, sub-tenant or
subcontractor of Tenant;
21.1.2 Any misuse, neglect, or unlawful use of the Demised Premises
by Tenant, or any employee, agent, contractor, invitee, guest,
assignee, sub-tenant or subcontractor of Tenant;
21.1.3 Any breach, violation, or non-performance of any undertaking of
13
Tenant under this Agreement;
21.1.4 Anything growing out of the use or occupancy of the Demised
Premises by the Tenant or anyone holding or claiming to hold
through or under this Agreement.
21.2 Tenant agrees to pay all damages to the Demised Premises and/or other
facilities used in connection therewith, caused by Tenant or any employee,
agent, contractor, guest, or invitee of Tenant.
22. Signs and Advertising.
Without the prior written consent of the City Manager, which consent, if given at
all shall be at the City Manager's sole and absolute discretion, Tenant shall not
permit the painting and display of any signs, plaques, lettering or advertising
material of any kind on or near the Demised Premises. All additional signage
shall comply with signage standards established by the City and comply with all
applicable building codes, and anyrzother municipal, County, State and Federal
laws. - - ' •-,,,
23. Effect of Conveyance. kEi . ::- ..
The term "City" and/or "Landlord" as used it the Agreement means only the
owner for the time being oft land and lding containing the Demised
Premises, so that in the event of any.rsale ;of said land and building, or in the
event of a lease of said building, the Cityshall be amend hereby is entirely freed and
relieved of all covenants and obligations the City hereunder, and it shall be
deemed and construed without'furtheri-"`agreement between the parties, or
between the parties and the purchaser at such sae, or the lease of this building,
that the purchaser or Tenant has assumed and agreed to carry out all covenants
and,obligations of�th-.a Cityter_eunder.
24. ::D.amage to the<Demised Premises. -<i
24.1 F iM If the Demised Premises shall be damaged by the elements or other
not due to Tenant's negligence, or by fire, but are not thereby
rende:�-,. as determined by the City Manager, in his sole
red untenantable,
discretion, in whole or in part, and such damage is covered by the City's
yak insura , if any; referred to as "such occurrence"), the City,
shall, as soon as possible after such occurrence, utilize the insurance
proceeds Muse such damage to be repaired and the Rent (Base Rent
and Additional Rent) shall not be abated. If by reason of such occurrence,
the Demised Premises shall be rendered untenantable, as determined by
the City Manager, in his sole discretion, only in part, the City shall as soon
as possible utilize the insurance proceeds to cause the damage to be
repaired, and the Rent meanwhile shall be abated proportionately as to
the portion of the Demised Premises rendered untenantable; provided
however, that the City shall promptly obtain a good faith estimate of the
time required to render the Demised Premises tenantable and if such time
exceeds sixty (60) days, either party shall have the option of canceling this
Agreement.
14
24.2 If the Demised Premises shall be rendered wholly untenantable by reason
of such occurrence, the City shall have the option, but not the obligation,
in its sole discretion, to utilize the insurance proceeds to cause such
damage to be repaired and the Rent meanwhile shall be abated. However,
the City shall have the right, to be exercised by notice in writing delivered
to Tenant within sixty (60) days from and after said occurrence, to elect
not to reconstruct the destroyed Demised Premises, and in such event,
this Agreement and the tenancy hereby created shall cease as of the date
of said occurrence, the Rent to be adjusted as of such date. If the
Demised Premises shall be rendered wholly untenantable, Tenant shall
have the right, to be exercised by notices =writing, delivered to the City
within thirty (30) days from and after said;occurrence, to elect to terminate
this Agreement, the Rent to be adjusted?accordingly.
yY.
24.3 Notwithstanding any clause contained in this Section 24, if the damage is
not covered by the City's insurance, then the City shall have no obligation
to repair the damage, but theme City shall advise Tenant in writing within
thirty (30) days of the occurrence`giving raise to the daammage and of its
decision not to repair, and Tenant may, at any time thereafter, elect to
terminate this Agre Jnt, and the Rent�shall be adjusted accordingly.
25. Quiet Enjoyment.
Tenant shall enjoy„quiet enjoyment ofthe_Demised-.Premises and shall not be
evicted or disturbed in ossession of the`-`Demised Premises so long as Tenant
complies with=:the terms:of this Agreement >>
:..,yet .%f-.� "g:,•: .-z: {.-
:.:..
26. Waiver.
��=�� :fir'-'.}rr�r_YF...e. -� •_
..; =a'1ri: :.:. �:. �fi.?;•
26.1 :> = ==lt'is:mutually.covenanted=fand.agreed by and between the parties hereto
Jr' that tfe :failure off the City to"insist upon the strict performance of any of
f - the conditions, covenants, terms or provisions of this Agreement, or to
Ii ::exercise any optionherein conferred, will not be considered or construed
.vf :,
ass a waiver orelinquishment for the future of any such conditions,
co;versants, terms; provisions or options but the same shall continue and
remain-in full fore and effect.
26.2 A waiver:ofany-term expressed herein shall not be implied by any neglect
of the City to declare a forfeiture on account of the violation of such term if
such violation by continued or repeated subsequently and any express
waiver shall not affect any term other than the one specified in such
waiver and that one only for the time and in the manner specifically stated.
26.3 The receipt of any sum paid by Tenant to the City after breach of any
condition, covenant, term or provision herein contained shall not be
deemed a waiver of such breach, but shall be taken, considered and
construed as payment for use and occupation, and not as Rent, unless
such breach be expressly waived in writing by the City.
15
27. Notices.
The addresses for all notices required under this Agreement shall be as follows,
or at such other address as either party shall be in writing, notify the other:
LANDLORD: City Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
With copy to: Asset Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
TENANT: Wendell Fisher
Lighthouse Church of Miami Beach, Inc.
833 6th Street
Miami Beach, Florida 33139
All notices shall be hand delivered and a receipt requested, or by certified mail
with Return receipt requested, and shall be effective upon receipt.
28. Entire and Binding Agreement.
This Agreement contains all of the agreements between the parties hereto, and it
may not be modified in any manner other than by agreement in writing signed by
all the parties hereto or their successors in interest. The terms, covenants and
conditions contained herein shall inure to the benefit of and be binding upon the
City and Tenant and their respective successors and assigns, except as may be
otherwise expressly provided in this Agreement.
29. Provisions Severable.
If any term or provision of this Agreement or the application thereof to any person
or circumstance shall, to any extent, be invalid or unenforceable, the remainder
of this Agreement, or the application of such term or provision to persons or
circumstances other than those as to which it is held invalid or unenforceable,
shall not be affected thereby and each term and provision of this Agreement shall
be valid and be enforced to the fullest extent permitted by law.
30. Captions.
The captions contained herein are for the convenience and reference only and
shall not be deemed a part of this Agreement or construed as in any manner
limiting or amplifying the terms and provisions of this Agreement to which they
relate.
31. Number and Gender.
Whenever used herein, the singular number shall include the plural and the plural
shall include the singular, and the use of one gender shall include all genders.
16
32. Limitation of Liability.
The City desires to enter into this Agreement only if in so doing the City can
place a limit on the City's liability for any cause of action for money damages due
to an alleged breach by the City of this Agreement, so that its liability for any
such breach never exceeds the sum of Five Thousand Dollars ($5,000.00).
Tenant hereby expresses its willingness to enter into this Agreement with
Tenant's recovery from the City for any damage action for breach of contract to
be limited to a maximum amount of $5,000.00. Accordingly, and notwithstanding
any other term or condition of this Agreement, Tenant hereby agrees that the City
shall not be liable to Tenant for damage in an amount in excess of $5,000.00 for
any action or claim for breach of contract arising of the performance or non-
performance of any obligations imposed upohe City by this Agreement.
Nothing contained in this Section or elsewhher.e i is Agreement is in any way
intended to be a waiver of the limitation:placed upon.the City's liability as set forth
in Florida Statutes, Section 768.28.
adr
r T `Aff'v-ga
33. Surrender of the Demised Premises , 'r>y
Tenant shall, on or before the last day-iof the Term-herein demised, or the sooner
termination thereof, peaceably and quietly surrender and yield upon to the
City the Demised Premises;<Aogether with any and all equipment, fixtures,
furnishings, appliances or"Wher'personal property, if any, located at or on the
Demised Premises and used by Tenant in the maintenance, management or
operation of the Demised Premises, excluding anyyttrade fixtures or personal
property, if any, which can beemoved{:wittout material injury to the Demised
Premises, free of all liens, claims:and:encurnbrances and rights of others or
broom-clean, together with all structural changes, alterations, additions, and
improvements which mays ave been made upon the Demised Premises, in good
orderer#.condition and repair;_,.reasonable wear and tear excepted, subject,
howeverAlci-;the sub"sequent`'=provisions of this Section. Any property which
pursuant to *provisions of this Section is removable by Tenant on or at the
Demised Premises upon the termination of this Agreement and is not so
removed may, at the option _of the City, be deemed abandoned by Tenant, and
either may be retained by tCity as its property or may be removed and
disposed of at the sole.cost of the Tenant in such manner as the City may see fit.
If the Demised Premise?and personal property, if any, be not surrendered at the
end of the Term., as provided in this Section, Tenant shall make good the City all
damages which the City shall suffer by reason thereof, and shall indemnify and
hold harmless the City against all claims made by any succeeding tenant or
purchaser, so far as such delay is occasioned by the failure of Tenant to
surrender the Demised Premises as and when herein required.
34. Time is of the Essence.
Time is of the essence in every particular and particularly where the obligation to
pay money is involved.
35. Venue:
This Agreement shall be deemed to have been made and shall be construed and
interpreted in accordance with the laws of the State of Florida. This Agreement
17
shall be enforceable in Miami-Dade County, Florida, and if legal action is
necessary by either party with respect to the enforcement of any and all the
terms or conditions herein, exclusive venue for the enforcement of same shall lie
in Miami-Dade County, Florida.
CITY AND TENANT HEREBY KNOWINGLY AND INTENTIONALLY WAIVE
THE RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING THAT
THE CITY AND TENANT MAY HEREIN AFTER INSTITUTE AGAINST EACH
OTHER WITH RESPECT TO ANY MATTER ARISING OUT OF OR RELATED
TO THIS AGREEMENT.
36. Radon is a naturally occurring radioactive gas that, when it is accumulated in a
building in sufficient quantities, may present health risks to persons who are
exposed to it over time. Levels of Radon that exceed Federal and State
guidelines have been found in buildings in Florida. Additional information
regarding Radon and Radon testing may be obtained from your County Public
Health Unit.
37. No Dangerous Materials.
Tenant agrees not to use or permit in the Demised Premises the storage and/or
use of gasoline, fuel oils, diesel, illuminating oils, oil lamps, combustible powered
electricity producing generators, turpentine, benzene, naphtha, propane, natural
gas, or other similar substances, combustible materials, or explosives of any
kind, or any substance or thing prohibited in the standard policies of fire
insurance companies in the State of Florida. Any such substances or materials
found within the Demised Premises shall be immediately removed.
Tenant shall indemnify and hold City harmless from any loss, damage, cost, or
expense of the City, including, without limitation, reasonable attorney's fees,
incurred as a result of, arising from, or connected with the placement by Tenant
of any "hazardous substance" or "petroleum products" on, in or upon the
Demised Premises as those terms are defined by applicable Federal and State
Statute, or any environmental rules and environmental regulations promulgated
thereunder. The provisions of this Section 37 shall survive the termination or
earlier expiration of this Agreement.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
18
IN WITNESS WHEREOF, the parties hereto have caused their names to be
signed and their seals to be affixed, all as of the day and year first above written,
indicating their agreement.
Attest: CITY OF MIAMI BEACH, FLORIDA
Rafael Granado, CITY CLERK Philip Levine, MAYOR
l -
g
Si nature r�,:� i.:
Print Name _/ -or
,.;,:_-- ��-
- `J 4 1i
�-
Attest: --'=;:LIGHTHOUSE CHURCH OF MIAMI
:BEACH dINC.
VOW
.'+.•_ffiJ�.a r.h�"f�fr -vf--v`
"11 "ii
Signature :r,-:>:.. .>. -=`%<Wendelltt her PRESIDENT
-%'g�?h=tea•:
} fr.:
fJ _.+rrr:�1/f;+i
_.r3{.{ ja
Print Name.=f
fig; "=<h:;<_,;,
ft7 -f sir
_r�=-Signature;:;,+ • _:;r-{-;; - �� -
Print Name
CORPORATE SEAL
(affix seal>here)
+r r/•{sp a:
F:\RHCD\$ALL\ECON\$ALL\ASSET\6STREET.CTR\LEASES\SFSIA\Lease Agreement-South Florda Seniors In Action(05-24-
16).docx
19
r
EXHIBIT 1
Demised Premises
Lip
I LIGHTHOUSE CHURCH I I \
f STORAGE
1111111"? m ��,
1.33 SI a ut 270 SF
11
82 SF• ' ass sr ! I u
'..- =\I----.-1-i'- .•••■...i0.5.■ \\MAIM '•.ice'4,-';',...
\
- , ' SOS Sr .,y : -- H
LJy� 1 I I •, \\\\\\\ t Sf: f 1 ii
�`�''I� iW SMi.,MQ2h r
Gr dUAMI-0ADE
-__- ...............':,j'.ln.....
•
•
..AUDORIM _\ g 24 Si
� .
2.782 S J . �
_ M,JJJ..�. ■. _ - - _ . _ .mayy�y.y
_ _
_�`
%�.142SF
"mac +
_ _ k E0961• SOUTH 'r ' i
II zS;SSr FLORIDA ® 4 ///1l �1/I//j
SENIORS ®��/I ri Milt=
IN ACTION ii,/l i�
f-I'c chn ///�//
rI 1CS Senor Ne°b .-_ V//////ill/ / //
STORAGE.\ 1= /
' 18�u = l /41 ll•
._,.....
,,
F.,...,..-:-.....,......-----....,:,>..,: _TAJ Li 11 /Il/ ,
A r �� SOUTH SHORE COMMUNITY CENTER • MIAMIBEACH
cn 2 I j'a FAUST"(
•
20
EXHIBIT 3.2.1
Operating Expenses
South Shore Community Center
833 6th Street
2013 Fiscal Year Operating Expenses(Total without Insurance)
Per Leasable
Total Square Foot
Cost Cost
Utilities Electricity 49,263 3.89
Water 3,454 0.27
Sewer 2,951 0.23
Stormwater(estimate) 2,500 0.20
Subtotal $ 58,172 $ 4.59
Maintenance Janitorial 33,189 2.62
Elevator 1,428 0.11
Cooling Tower Treatment 1,644 0.13
Fire Services , `362 0.03
/ - Pest Control 642 0.05
Repairs& Maintenance, 44,691 3.53
\ Subtotal $ 81,962 $ 6.47
Insurance • 'Property Insurance
-
Hurricane Exposure �
Subtotal
Total Annual Operating Expenses $ 140,135 $ 11.06
Building Square Footage Distribution
1st Floor 2nd Floor Total
Leasable Area 8,850 3,826 12,676
Common Area 4,198 990 5,188
Total 13,048 4,816 17,864
21
•
B ORS SUNDAY MAY 29 2016
MIAMIHERALD.COM
MIAMI BEACH
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
JUNE 8, 2016
NOTICE IS HEREBY given that public hearings will be held by the Mayor and City Commissioners
of the City of Miami Beach, Florida, in the Commission Chamber, 3rd Floor, City Hall,
1700 Convention Center Drive, Miami Beach, Florida, on Wednesday,June 8,2016, at the times
listed,or as soon thereafter as the matter can be heard,to consider:
10:45 a.m.
A Resolution, Following A Duly Advertised Public Hearing, And Waiving, By 5/7th Vote,
The Competitive Bidding Requirement, Finding Such Waiver To Be In The Best Interest Of The •
City; And Approving And Authorizing The Mayor And City Clerk To Execute A Lease Agreement,
Substantially In The Form Attached To This Resolution, Between The City And South Florida
Seniors In Action, Inc (Tenant), For The Use Of Approximately 142 Square Feet Of City-Owned
Property, Located On The First Floor At 833 6th Street, Miami Beach, Florida (Premises),
For A Term Of Thirty-Nine(39)Months,Commencing July 1,2016 And Ending September 30,2019.
This Resolution is being heard pursuant to Section§166.041 F.S. Inquiries maybe directed to the
Tourism, Culture and Economic Development Department at 305.673.7577.
J10:46 a.m.
A Resolution, Following A Duly Advertised Public Hearing, And Waiving, By 5/7th Vote,
The Competitive Bidding Requirement, Finding Such Waiver To Be In The Best Interest Of The
City; And Approving And Authorizing The Mayor And City Clerk To Execute A Lease Agreement,
Substantially In The Form Attached-To This Resolution, Between The City And Lighthouse
Church Of Miami Beach, Inc. (Tenant), For The Use Of Approximately 82 Square Feet Of
City-Owned Property,Located On The First Floor At 833 6th Street,Miami Beach,Florida(Premises),
For ATerm Of Thirty-Nine(39)Months,Commencing July 1,2016 And Ending September 30,2019.
This Resolution is being heard pursuant to Section§166.041 F.S. Inquiries may be directed to the
Tourism, Culture and Economic Development Department at 305.673.7577.
5:02 p.m.
An Ordinance Amending The Land Development Regulations Of The City Code, By Amending
Chapter 142, "Zoning Districts And Regulations," Article II, "District Regulations," Division 3,
"Residential Multifamily Districts,"Subdivision IV,"RM-2 Residential Multifamily,Medium Intensity,"
To Amend Section 142-213, "Conditional Uses,"To Include Requirements Pertaining To Hall For
Hire Uses For Properties Located Within The Locally Designated Museum Historic Preservation
District; Providing For Repealer; Severability; Codification;And An Effective Date. This Ordinance
is being heard pursuant to Section 118-164 of the City's Land Development Code.Inquiries may be
directed to the Planning Department at 305.673.7550.
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, do the City Clerk,
1700 Convention Center Drive, 1S' Floor, City Hall, Miami Beach, Florida 33139. These items
. are available for public inspection during normal business hours in the Office of the City Clerk,
1700 Convention Center Drive, Floor, City Hall, Miami Beach, Florida 33139. This meeting,
or any item herein,may be continued,and under such circumstances,additional legal notice need
not be provided.
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 respect 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 otherwise
inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise
allowed by law.
To request this material in alternate format, sign language interpreter (five-day notice required),
information on access for persons with disabilities, and/or any accommodation to review
any document or participate in any City-sponsored proceedings, call 305.604.2489
and select 1 for English or 2 for Spanish, then option 6; TTY users may call via 711
(Florida Relay Service).
Rafael E.Granado,City Clerk
City of Miami Beach
Ad No.1163