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2002-24967 Reso RESOLUTION NO. 2002-24967 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING A FIRST AMENDMENT TO THE LEASE AGREEMENT, DATED MAY 8, 2001, BETWEEN THE CITY OF MIAMI BEACH AND RT TRAVEL OF AMERICA, FOR THE LEASE OF SUITE 202, OF THE CITY-OWNED PROPERTY LOCATED-AT 1701 MERIDIAN AVENUE (A1K1A 777-17TH STREET), MIAMI BEACH, FLORIDA, BY REDUCING THE NUMBER OF SQUARE FEET BEING LEASED, FROM 872 SQUARE FEET (AS REFLECTED IN THE LEASE AGREEMENT), TO 409 SQUARE FEET; WITH ALL OTHER TERMS AND CONDITIONS REMAINING IN FULL FORCE AND EFFECT. WHEREAS, on May 8, 2001, RT Travel of America (RT Travel) entered into a Lease Agreement with Gazit Meridian, Inc. for the use of Suite 202 (Premises)(approximately 872 square feet as reflected in the Lease Agreement), at 1701 Meridian Avenue (a/k/a 777-1ih Street), Miami Beach, Florida (Property); and WHEREAS, said Lease Agreement has an initial term of three (3) years and one (1) month with a termination date of June 30, 2004; and WHEREAS, the Lease Agreement provides RT Travel two (2) options to extend the term of the Lease for a period of two (2) years each, provided they are not in default; 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, RT Travel's source of business primarily involved booking trips to Israel, and subsequent to the tragic events of September 11, 2001, they have experienced a tremendous decline in their business; and WHEREAS, RT Travel approached the City Administration requesting that it consider reducing the size of the Premises because of the downturn in their business; and WHEREAS, the City Administration has determined that moving forward with the aforementioned reallocation of space and providing RT Travel the reduction in office space they requested would not adversely affect the 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 RT Travel have agreed to enter into a First Amendment to the Lease Agreement. 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 approve a First Amendment to the Lease Agreement, dated May 8, 2001, between the City of Miami Beach and RT Travel of America, for the lease of Suite 202, of the City-owned property located at 1701 Meridian Avenue (alk/a 777-17th Street), Miami Beach, Florida, by reducing the number of square feet being leased, from 872 square feet (as reflected in the Lease Agreement), to 409 square feet; with all other terms and conditions remaining in full force and effect. PASSED and ADOPTED this 11 th day of September, 2002. ~r r~ckt CITY CLERK ATTEST: JMG:CMC:JD:rlr F:\DDHP\$ALL\ASSE1\777 -17th Street\RT Travel\RTtraveIRESO.doc APPROVED AlTO FORM & LANGUAGI & FOR EXECUTION ~L~L CITY OF MIAMI BEACH COMMISSION ITEM SUMMARY ~ Condensed Title: A Resolution approving a first amendment to the lease agreement, dated May 8, 2001, between the City of Miami Beach and R T. Travel of America, for the lease of Suite 202, by reducing the number of square feet bein leased from 872 s uare feet as reflected in the lease a reement to 409 s uare feet. Issue: RT. Travel has requested to reduce its leased space. If approved City would recoup office space for City administrative use. Item Summary/Recommendation: While the City Administration has firmly stated that any existing leases will not be renegotiated, RT. Travel purported it would go out of business and ultimately the City would have limited recourse because the business has little or no assets. Alternatively, RT. Travel offered to occupy less space in an attempt to honor, to the largest extent possible, the terms of the lease and is pursuing other business opportunities. The reduction in space will inure to the City's benefit as the area they vacate will be used by the CIP Office and/or other administrative users. The Administration deems that moving forward with the reallocation of space and providing RT. Travel their requested reduction in office space would not adversely affect the City's plans the 1701 Property and is in keeping with the policy that is in place for same. In the event construction is initiated on the City's Amended City Center Master Plan, which would impact the parking lot north of the Property, RT. Travel has agreed to the relocation of the parking space it is currently provided at same. The Administration recommends: Approval of the Resolution. Advisory Board Recommendation: IN/A Financial Information: Source of Funds: D Finance Dept. Ci Clerk's Office Le islative Trackin Jose Damien, Asset Management Si n-Ofts: Department Director ~ T:\AGENDA\2002\SEP11 02\CONSENT\RTtraveISUMM.doc 8/30/02 AGENDA ITEM DATE e7f 9-/1-0;;-" CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.ci.miami-beach.f1.us COMMISSION MEMORANDUM From: Mayor David Dermer and Members of the City Commission Jorge M. Gonzalez \-~. City Manager c)-- () Date: September 11, 2002 To: Subject: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING A FIRST AMENDMENT TO THE LEASE AGREEMENT, DATED MAY 8,2001, BETWEEN THE CITY OF MIAMI BEACH AND R.T. TRAVEL OF AMERICA, FOR THE LEASE OF SUITE 202, OF THE CITY-OWNED PROPERTY LOCATED AT 1701 MERIDIAN AVENUE (A1K1A 777-17TH STREET), MIAMI BEACH, FLORIDA, BY REDUCING THE NUMBER OF SQUARE FEET BEING LEASED FROM 872 SQUARE FEET (AS REFLECTED IN THE LEASE AGREEMENT) TO 409 SQUARE FEET; WITH ALL OTHER TERMS AND CONDITIONS REMAINING IN FULL FORCE AND EFFECT On May 8, 2001, RT. Travel of America entered into a Lease Agreement with Gazit Meridian, Inc. for the use of Suite 202 (Leased Premises), consisting of approximately 872 square feet (as reflected in the Lease Agreement) at 1701 Meridian Avenue (a/k1a 777 _17th Street), Miami Beach, Florida (1701 Property). 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. . The Lease Agreement between the City and RT. Travel has an initial term of three (3) years and one (1) month with a termination date of June 30,2004. The Lease Agreement provides R.T. Travel two (2) options to extend the term of the Lease for a period two (2) years each, provided they are not in default. RT. Travel's source of business primarily involved booking trips to Israel, and subsequent to the tragic events of September 11,2001, they have experienced a tremendous decline in their business. RT. Travel approached the City Administration requesting that it consider reducing the size of the Leased Premises because of the downturn in their business. While the City Administration has firmly stated that any existing leases will not be renegotiated, RT. Travel purported it would go out of business and ultimately the City would have limited recourse because the business has little or no assets. Alternatively, RT. Travel has offered to occupy less space in an attempt to honor to the largest extent possible, the terms of its lease and is pursuing other business opportunities. The reduction in space will inure to the City's benefit because the vacated area will be utilized by the Capital Improvement Project (CIP) Office and/or other administrative users. Therefore, the City Administration has determined that moving forward with the aforementioned reallocation of space and providing RT. Travel the reduction in office space they requested would not adversely affect the plans the City has for the 1701 Property and is in keeping with the policy that is in place for same. The City Administration and RT. Travel have agreed to enter into a First Amendment to the Lease Agreement, by amending the same in accordance with the provisions outlined below. . All references to the Leased Premises in the lease Agreement are deleted in their entirety and replaced with the following language: Leased Premises shall include Suite 202 (approximately 409 square feet) at the Property located at 1701 Meridian Avenue (alkla 777 1 ih 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 provided herein above. . Since the City, in accordance with its Amended City Center Master Plan, may initiate construction projects in, or in proximity to municipal parking lot 5M (1721 Meridian Avenue) directly north of the 1701 Property, RT. Travel has agreed and understands that it may be necessary for the City to relocate the parking space provided to RT. Travel in said parking lot to an alternate location to be determined by the City. . Unless specifically amended herein, all other terms and conditions of the lease Agreement shall remain in full force and effect. In the event there is a conflict between the provisions provided herein and the lease Agreement, the provisions of this First Amendment shall govern. The City Administration recommends that the Mayor and City Commission approve a First Amendment to the lease Agreement, dated May 8, 2001, between the City of Miami Beach and R.T. Travel of America, for the lease of Suite 202, of the City-owned property located at 1701 Meridian Avenue (a1k1a 777-1ih Street), Miami Beach, Florida, by reducing the number of actual square feet being leased from 872 square feet (as reflected in the Lease Agreement) to 409 square feet; with all other terms and conditions remaining in full force and effect. JMG:C~D:rlr T:\AGENDA\2002\SEP11 02\CONSENMTtraveICCMEMO.doc 8130/02 '" ~ FIRST AMENDMENT TO THE LEASE AGREEMENT This First Amendment to the Lease Agreement, dated May 8, 2001, for Suite 202 (Premises), located at 1701 Meridian Avenue (a/k/a 777-17th Street), Miami Beach, Florida (Property), between the City of Miami Beach (City), a Florida Municipal Corporation, having its principal office at 1700 Convention Center Drive, Miami Beach, Florida, (hereinafter referred to as the "Landlord"), and RT Travel of America (RT Travel), having its principal office at 1701 Meridian Avenue, Suite 202, Miami Beach, Florida (hereinafter referred to as the "Tenant") is entered into this 15th day of July, 2002. WITNESSETH WHEREAS, on May 8, 2001, RT Travel entered into a Lease Agreement with Gazit Meridian, Inc. for the use of Suite 202 (approximately 872 square feet as reflected in the Lease Agreement), at 1701 Meridian Avenue (a/k/a 777-17th Street), Miami Beach, Florida; and WHEREAS, said Lease Agreement has an initial term of three (3) years and one (1) month with a termination date of June 30, 2004; and WHEREAS, the Lease Agreement provides RT Travel two (2) options to extend the term of the Lease for a period of two (2) years each, provided they are not in default; 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, RT Travel approached the City Administration requesting that it consider reducing the size of the Premises; and WHEREAS, the City Administration has determined that moving forward with the aforementioned reallocation of space and providing RT Travel the reduction in office space they requested would not adversely affect the 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 RT Travel have agreed to enter into a First Amendment to the Lease Agreement, in accordance with the conditions outlined below. NOW, THEREFORE, the Lease Agreement is hereby amended as follows: 1 . 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 202 (approximately 409 square feet) at the Property located at 1701 Meridian Avenue (a/k/a 7771ih Street) Miami Beach, Florida 33139. Page 1 . 2. 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. 3. Tenant agrees and understands that the City, in accordance with its Amended City Center Historic Convention Village Redevelopment and Revitalization Area Plan (Amended City Master Plan), may initiate construction projects in, or in proximity to, municipal parking lot 5M (1721 Meridian Avenue), directly north of the Property. As such, Tenant further agrees and understands that in the event Landlord, at its sole option and discretion, may relocate Tenant's one (1) parking space provided in said parking lot to an alternate location, to be determined solely by the Landlord. 4. 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 and 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 First Amendment to the Lease Agreement shall govern. IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to the Lease Agreement to be executed by their duly authorized officials on the day first above indicated. ~a PM-~ CITY CLERK I BEACH, FLORIDA ATTEST: RT TRAVEL OF AMERICA · JE -- Adi Fogel, esident JMG: F:\DDH P\$ALL \ASSE1\777 -17th Street\RT Travel\RTtraveILeaseAmd2.doc ".JIJtNIIlJ AI 10 IIORM aLANGUAGI a...1XIIMIOII Page 2