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2002-24966 Reso IncompleteRESOLUTION NO. 2002-24966 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACKNOWLEDGING TENANT'S EXERCISE OF THE SECOND RENEWAL OPTION IN THE LEASE AGREEMENT, DATED SEPTEMBER 18, 1995, BETWEEN THE CITY AND SOUTH BEACH MEDICAL GROUP, P.A., SAID SECOND RENEWAL TERM COMMENCING ON OCTOBER 1, 2002, AND ENDING ON SEPTEMBER 30, 2005; FURTHER APPROVING A THIRD AMENDMENT TO THE LEASE AGREEMENT FOR THE LEASE OF SUITE 402 AND 403, OF THE CITY-OWNED PROPERTY LOCATED AT 1701 MERIDIAN AVENUE (A/K/A 777-17TM STREET), MIAMI BEACH, FLORIDA, BY ADDING SUITE 401 TO THE LEASED PREMISES, RESULTING IN AN INCREASE OF 1,440 SQUARE FEET OF LEASED SPACE; WITH ALL OTHER TERMS AND CONDITIONS OF THE LEASE AGREEMENT REMAINING IN FULL FORCE AND EFFECT WHEREAS, on September 18, 1995, Cadigan Medical Group, Inc. entered into a Lease Agreement with Gazit Meridian, Inc. for the use of Suite 403 (approximately 1250 square feet) at 1701 Meridian Avenue (a/k/a 777-17th Street), Miami Beach, Florida (Property); and WHEREAS, on June 24, 1996, said Lease Agreement was amended to include the addition of Suite 402 (approximately 820 square feet); and WHEREAS, on July 16, 1996, a Second Amendment to said Lease Agreement was executed extending the original expiration date by twelve (12) months; and WHEREAS, on March 24, 1998, with the concurrence of Gazit Meridian, Inc. the Lease Agreement was assigned by Cadigan Medical Group, Inc. to South Beach Medical Group, P.A. (SBMG); and WHEREAS, on June 1; 1999, a three (3) year extension to said Lease Agreement was executed, effectively exercising one of the two 3 year options provided to SBMG in the Lease Agreement; and WHEREAS, on January 31, 2002, the Mayor and City Commission adopted Resolution No. 2002-24734, approving a the purchase of the Property from Gazit Meridian, Inc.; and WHEREAS, Hospice Foundation of America, the tenant which occupied Suite 401 (approximately 1,440 square feet) at the Property, and whose Lease term expired on July 31, 2002, vacated same upon expiration of said term; and WHEREAS, SBMG's term is scheduled to expire on September 30, 2002; and WHEREAS, SBMG has requested to exercise its second renewal option, said term commencing on October 1,2002, and ending on September 30, 2005; and WHEREAS, SBMG is also in need of additional office space and has approached the City requesting to lease Suite 401; and WHEREAS, the Administration has determined that SBMG's use of Suite 401 does not adversely affect any plans the City has for the Property and is in keeping with the policy that is in place for same; and WHEREAS, the City Administration and SBMG have agreed to enter into a Third Amendment to the Lease Agreement, in accordance with the conditions outlined below. 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 herein acknowledge Tenant's exercise of the second renewal option in the Lease Agreement, dated September 18, 1995, between the City and South Beach Medical Group, P.A., said second renewal term commencing on October 1, 2002, and ending on September 30, 2005; further approving a Third Amendment to the Lease Agreement for the lease of Suite 402 and 403, of the City-owned property located at 1701 Meridian Avenue (a/Ida 777-17th Street), Miami Beach, Florida, by adding Suite 401 to the Leased Premises, resulting in an increase of 1,440 square feet of leased space; with all other terms and conditions of the Lease Agreement remaining in full force and effect. PASSED and ADOPTED this ]]th ATTEST: CITY CLERK day of September, 2002. JMG:CMC:JD:rlr F:\DDHP~$ALL~ASSET~777-17th Street~SB Medical~SoBeMedicalReso.doc CITY OF MIAMI BEACH COMMISSION ITEM SUMMARY Condensed Title: A Resolution acknowledging a second renewal option that is being exercised in accordance with the Lease Agreement, dated September 18, 1995, for a portion of the City-owned property located at 1701 Meridian Avenue (1701 Property) between the City of Miami Beach and South Beach Medical Group, P.A., with a term commencing on October 1, 2002, and ending on September 30, 2005; further approving a Third Amendment to the Lease Agreement by adding Suite 401 to the leased premises, resulting in an increase of 1,440 square feet of leased space. Issue: Should the City acknowledge the exercising of the second renewal option and approve the amendment increasing the amount of office space as South Beach Medical Group has requested? Item Summar~lRecommendation: If approved as amended, the Lease represents an increase in revenues to the City in the amount of approximately $4,250 annually. South Beach Medical Group's occupancy does not adversely affect any plans the City has for the 1701 Property and is in keeping with the policy that is in place for said Property. The City Attorney's Office has also advised that the requirements of City Code Article II, Sections 82-36 through 82-39 (a/k/a/Shapiro Ordinance), do not apply to lease amendments. The Administration recommends approval of the Resolution. Advisory Board Recommendation: J N/A Financial Information: Funds: Finance Dept. City Clerk's Office Legislative Tracking: IJose Damien, Asset Manager Sign-Offs: Departmeht Directo~ Assistaht Ci~Manager TAAGENDA~2002\SEP1102\CONSEN~SoBeMedicalSUMM.doc 08/30/02 AGENDA ITEM DATE CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.ci.miami-beach.fl.us TO:' From: Subject: COMMISSION MEMORANDUM Mayor David Dermer and Date: September 11, 2002 Members of the City Commission Jorge M. Gonzalez t ~ City Manager A RESOLUTION FTHE MAYOR AND CITY COMMISSION OFTHE CITY OF MIAMI BEACH, FLORIDA, ACKNOWLEDGING THE EXERCISE OF A SECOND RENEWAL OPTION IN THE LEASE AGREEMENT, DATED SEPTEMBER 18, 1995, BETWEEN THE CITY OF MIAMI BEACH AND SOUTH BEACH MEDICAL GROUP, P.A., SAID SECOND RENEWAL TERM COMMENCING ON OCTOBER 1, 2002, AND ENDING ON SEPTEMBER 30, 2005; FURTHER APPROVING A THIRD AMENDMENT TO THE LEASE AGREEMENT FOR THE LEASE OF SUITE 402 AND 403, OF THE CITY-OWNED PROPERTY LOCATED AT 1701 MERIDIAN AVENUE (A/WA 777-17TM STREET), MIAMI BEACH, FLORIDA, BY ADDING SUITE 401 TO THE LEASED PREMISES, RESULTING IN AN INCREASE OF 1,440 SQUARE FEET OF LEASED SPACE; AND ALL OTHER TERMS AND CONDITIONS OF THE LEASE AGREEMENT REMAINING IN FULL FORCE AND EFFECT On September 18, 1995, Cadigan Medical Group, Inc. entered into a Lease Agreement with Gazit Meridian, Inc. for the use of Suite 403 (approximately 1250 square feet) at 1701 Meridian Avenue (a/k/a 777-17th Street), Miami Beach, Florida (1701 Property). Said Lease Agreement was amended on June 24, 1996, to include the addition of Suite 402 (approximately 840 square feet). A Second Amendment to said Lease Agreement was executed on July 16, 1996, extending the original expiration by date twelve (12) months. On March 24, 1998, with the concurrence of Gazit Meridian, Inc., the Lease Agreement was assigned by C. adigan Medical Group, Inc. to South Beach Medical Group, P.A. (SBMG). The following year, on June 1, 1999, a three (3) year extension to said Lease Agreement was executed, effectively exercising one of the two 3 year options provided to SBMG in the Lease Agreement. On January 31, 2002, the Mayor and City Commission adopted Resolution No. 2002- 24734, approving the purchase of the 1701 Property from Gazit Meridian, Inc. Hospice Foundation of America, the tenant which occupied Suite 401 (approximately 1,440 square feet) at the 1701 Property, and whose Lease term expired on July 31,2002, opted not to not exercise their remaining three (3) year renewal option and vacated same upon expiration of said term. SBMG's term is scheduled to expire on September 30, 2002 and SBMG has requested to exercise its second renewal option, said term commencing on October 1,2002, and ending on September 30, 2005. SBMG is also in need of additional office space and has approached the City requesting to lease Suite 401 since Hospice opted not to exercise their option to renew its lease of same. The Administration has determined that SBMG's use of Suite 401 is consistent with the projected tenancy presented to the City Commission on January 31,2002, at which time the purchase of the 1701 Property was approved. The subject space (Suite 401) was reflected to remain in private use through 2005. Furthermore, this lease will be at a higher square foot rate than that which Hospice's renewal would have provided for, thereby yielding increased annual revenue to the City of approximately $4,250. Tenant Sq.R. Base Rent Rate* Yearly Rent SBMG at Suite 401 1440 $12.63 $18,187.20 HOSPICE at Suite 401 1440 $9.68 $13,939.2(~ Increased Revenue to City $4,248.0(~ * SMBG's current rate of $12.50 as increased by assumed CPI of 1.05% HOSPICE's previous rate of $9.58 as increased by CPI of 1.05% The City Administration has determined that SBMG's occupancy does not adversely affect any plans the City has for the 1701 Property and is in keeping with the policy that is in place for said Property. The City Attorney's Office has also advised that the requirements of City Code Article II, Sections 82-36 through 82-39 (a/k/a/Shapiro Ordinance), do not apply to lease amendments. The Lease Agreement does not provide for any parking spaces to SBMG in municipal parking lot 5M (1721 Meridian Avenue) directly north of the 1701 Property, nor at any other municipal parking facility. As such, there would be no lease related parking issues in the event of any future, construction which impacts said parking lot. The City Administration and SBMG have agreed to enter into a Third Amendment to the Lease Agreement, by amending the Lease Agreement in accordance with the conditions outlined below: SBMG would exercise their remaining option and the Lease term would be renewed and extended for a period of three (3) years commencing on October 1,2002, and ending on September 30, 2005. The Leased Premises have been expanded and will include the addition of: o Suite 401 (approximately 1,440 square feet); and the continued lease of o Suite 402 (approximately 840 square feet); and o Suite 403 (approximately 1,250 square feet) for a revised total of 3,530 square feet of leased space with an estimated initial square foot rate of $12.63 for an approximate yearly base rent of $44,584. Base Rental Rate (currently $12.50 per square foot) will be increased based on the Consumer Price Index (CPI) effective upon the new Commencement Date of October 1,2002. Other sums due and payable by SBMG to the City include but are not limited to Operating Costs, Common Area Maintenance (CAM), Ad Valorem Taxes, Insurance, and all applicable sales and use taxes. Unless specifically provided in the attached Third Amendment to the Lease Agreement, all other terms and conditions of the original Lease Agreement, as previously amended, assigned and extended, shall remain in full force an effect. The Administration recommends that the Mayor and City Commission herein approve a second renewal option in the Lease Agreement, dated September 18, 1995, between the City of Miami Beach and South Beach Medical Group, P.A., said second renewal term commencing on October 1,2002, and ending on September 30, 2005; further approving a Third Amendment to the Lease Agreement for the lease of Suite 402 and 403, of the City- owned property located at 1701 Meridian Avenue (a/k/a 777-17th Street), Miami 'Beach, Florida, by adding Suite 401 to the Leased Premises, resulting in an increase of 1,440 square feet of leased space; and all other terms and conditions of the Lease Agreement remaining in full force and effect. JMG:G-~SOD:dr T:~,GENDA~002\SEP1102\CONSEN'~SoBeMedicalCCMEMO.doc 08/30/02 THIRD AMENDMENT TO LEASE AGREEMENT This Third Amendment to the Lease Agreement, dated September 18, 1995, for Suite 402 and Suite 403 (Premises), located at 1701 Meridian Avenue (a/ida 777-17th Street), Miami Beach, Florida (Property), between the City of Miami Beach (City), a ~lorida Municipal Corporation, having its principal office at 1700 Convention Center Drive, Miami Beach, Florida, (hereinafter referred to as the "Landlord"), and South Beach Medical Group, P.A. (SBMG) as having its principal office at 1701 Meridian Avenue, Suite 402, Miami Beach, Florida, (hereinafter referred to as the "Tenant"), is entered into this 1st day of October, 2002. WITNESSETH WHEREAS, on September 18, 1995, Cadigan Medical Group, Inc. entered into a Lease Agreement with Gazit Meridian, Inc. for the use of Suite 403 (approximately 1250 square feet) at 1701 Meridian Avenue (a/Ida 777-17th Street), Miami Beach, Florida; and WHEREAS, on June 24, 1996, said Lease Agreement was amended to include the addition of Suite 402 (approximately 820 square feet); and WHEREAS, on July 16, 1996, a Second Amendment to said Lease Agreement was executed extending the original expiration date by twelve (12) months; and WHEREAS, on March 24, 1998, with the concurrence of Gazit Meridian, Inc. the Lease Agreement was assigned by Cadigan Medical Group, Inc. to SBMG; and WHEREAS, on June 1, 1999, a three (3) year extension to said Lease Agreement was executed, effectively exercising one of the two 3 year options provided to SBMG in the Lease Agreement; and WHEREAS, on January 31, 2002, the Mayor and City Commission adopted Resolution No. 2002-24734, approving the purchase of the Property from Gazit Meridian, Inc.; and WHEREAS, Hospice Foundation of America, the tenant which occupied Suite 401 (approximately 1,440 square feet) at the Property, and whose Lease term expired on July 31,2002, vacated same upon expiration of said term; and WHEREAS, SBMG's term is scheduled to expire on September 30, 2002; and WHEREAS, SBMG has requested to exercise its second renewal option, said term commencing on October 1,2002, and ending on September 30, 2005; and WHEREAS, SBMG is also in need of additional office space and has approached the City requesting to lease Suite 401; and WHEREAS, the Administration has determined that SBMG's use of Suite 401 does not adversely affect any plans the City has for the Property and is in keeping with the policy that is in place for same; and Page 1 WHEREAS, the City Administration and SBMG have agreed to enter into a Third Amendment to the Lease Agreement, in accordance with the conditions outlined below. NOW, THEREFORE, the Lease Agreement is hereby amended as follows: The Lease Agreement is hereby renewed and extended for a further term of three (3) years commencing on October 1,2002, and ending on September 30, 2005. All references to the Premises in the Lease Agreement, as amended, extended and assigned, are deleted in their entirety and replaced with the following language: Premises shall include Suite 401 (approximately 1,440 square feet) and Suite 403 (approximately 1,250 square feet) for a revised total of 2,690 square feet of leased space (Premises) all within the Property located at 1701 Meridian Avenue (a/k/a 777 - 17th Street) Miami Beach, Florida 33139. Rental Rates and any other sums due and payable to the Landlord by the Tenant, that are based on the leased square footage, including but not limited to Operating Costs, Common Area Maintenance (CAM), Ad Valorem Taxes, Insurance, and all applicable sales and use tax shall be calculated and applied in accordance with the revised square footage for the Premises provided herein above. Unless specifically amended herein, all other terms and conditions of the Lease Agreement, including any amendment(s), assignment(s) and extension(s) thereto, between the Landlord and Tenant shall remain in full force an effect. In the event there is a conflict between the provisions provided herein and the Lease Agreement, as amended, extended and assigned, the provisions of this Third Amendment shall govern. IN WITNESS WHEREOF, the parties hereto have caused this Third Amendment to the Lease Agreement, as amended, extended and assigned, be executed by their duly authorized officials on the day first above indicated. Al-rEST: CiTY CLERK B EACH, FLORIDA rick Cadigan WITNESS APPROVED AS TO / / Dr. Patrick Cadigan FORM & LANGUAGE / FJ:\MD DGH .'pC~ AML LC~ JssDE:T,,r17r77.17th St roe 1~ I~ ~ ~(~ aseAm(~, doc