RESOLUTION 92-20674 •
RESOLUTION No. 92- 20674
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AUTHORIZING THE EXECUTION OF THE THIRD
AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE CITY OF
MIAMI BEACH AND GREAT WESTERN BANK, A FEDERAL SAVINGS
BANK, FOR USE OF TWELVE PARKING SPACES LOCATED IN THE
CITY'S MUNICIPAL PARKING LOT 24-B AT 71ST STREET AND RUE
VENDOME, BETWEEN THE HOURS OF 8:00 A.M. AND 5:00 P.M.,
MONDAY THROUGH FRIDAY.
WHEREAS, Great Western Bank,a Federal Savings Bank,the successor to Amerifirst Bank,the prior
lessee, has requested a third amendment to the Agreement with the City for a one-year period; and
WHEREAS, the Amendment to the Agreement provides Great Western Bank the use of twelve off-
street parking spaces in the City's 24-B parking lot located at 71st Street and Rue Vendome; and
WHEREAS, the City of Miami Beach has entered into agreements for these spaces with other related
financial institutions since December, 1978; and
WHEREAS, the demand for this type of public-private arrangement benefits both the City and the
private sector while maintaining access for general public parking; and
WHEREAS, Great Western Bank has agreed to the terms and conditions as set forth in the attached
resolution at a rate of$30.00 per space per month plus tax payable in full for the entire term, on the first day
of the agreement.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, that the Mayor and the City Clerk are hereby authorized and directed to execute
the attached Agreement between the City and Great Western Bank, a Federal Savings Bank, for the use of
twelve (12) off-street parking spaces in the 24-B Parking Lot located at 71st Street and Rue Vendome.
BE IT ALSO RESOLVED, that Great Western Bank agrees to compensate the City of Miami Beach,
Florida an advance fee of $4,600.80 for the use of these spaces for the one year period commencing
December 1, 1992.
PASSED and ADOPTED this 2nd day of December, 1992.
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MSO
Attest by:
isoLAAre.
City Clerk
Form Approved
by Legal:
13-7D -2.H
November , 1992
mam/
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010
FAX: (305) 673-7782
COMMISSION MEMORANDUM NO. 2_a_q_L_-_9.1D...
TO: Mayor Seymour Gelber and DATE: December 2, 1992
Members of the City Commission
l
FROM: Roger M. Ca ''
City Manager 1 .
SUBJECT: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AUTHORIZING THE EXECUTION OF THE THIRD AMENDMENT TO THE
LEASE AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND GREAT WESTERN
BANK, A FEDERAL SAVINGS BANK, FOR USE OF TWELVE PARKING SPACES
LOCATED IN THE CITY'S MUNICIPAL PARKING LOT 24-B AT 71ST STREET AND RUE
VENDOME, BETWEEN THE HOURS OF 8:00 A.M. AND 5:00 P.M., MONDAY THROUGH
FRIDAY.
CONCLUSION:
The Administration recommends that the City Commission adopt the attached resolution which directs the
Mayor and City Clerk to execute the third amendment to the lease agreement between the City and Great
Western Bank, increasing the number of spaces from eight to twelve (12) parking spaces in the City's 24-B
parking lot located at 71st Street and Rue Vendome for a one-year period beginning December 1, 1992.
Additionally, Great Western Bank agrees to a rate of .00 per spEcs par month plus 6.5% F o lda state
Sales Tax (a $1.00 per space per month increase) with payment in advance.
BACKGROUND:
The 24-B Municipal Parking lot is a 22 space surface lot located at 71st Street and Rue Vendome. Principal
users of this facility are patrons of Great Western Bank and Jefferson National Bank. Other surrounding
businesses exist; however, the majority of these businesses have adequate on-street and private parking
adjacent to their buildings. The original lease agreement was initiated between the City and First Federal
Savings and Loan Association for the use of five spaces in 1979 at a fee of$1,250.00 annually. Since the
original agreement, the bank has changed ownership several times, with the most recent occurring during
the past year with the sale of Amerifirst Bank, FSB to Great Western Bank.
ANALYSIS:
Several components of this request have been reviewed by our Parking Department. First, the request by
Great Western Bank to increase the number of spaces was examined. Consideration was given to other
users of the facility, including patrons to Jefferson Bank, which has also expressed interest in leasing a
minimal number of spaces under the same terms and conditions. A survey of users in the lot reflected that
the vast majority (over 88%) use the surface lot for business activity in either of the two banks.
Accordingly, this survey corresponds to the findings identified in an analysis of the average earnings per
meter per day, which, as of September 30, 1992, reflect rates of $0.11 per meter per day.
CONCLUSION:
In the best interest of the public to meet the unique parking demands in the North Shore neighborhood,the
agreement between the City and banking institutions have been successful. Undesignated and unreserved
spaces are still available to those who are not using Great Western Bank and the City is guaranteed a solid
revenue stream, improved conditions of the lot and excellent cooperation between the City and business
community in the area. Additionally, the lease rates earned from this contract generate significantly more
income to the parking system than metered operations, offering greater bonding capacities for the future.
It is recommended that the City continue to follow the past of success in executing this amendment to the
agreement between Great Western Bank and the City for the twelve parking spaces.
RMC:MAM:pc
154
AGENDA
ITEM
DATE I Z
ry
•
AMENDMENT No. 3 TO THE LEASE AGREEMENT BETWEEN THE CITY
OF MIAMI BEACH AND GREAT WESTERN BANK, FOR TWELVE (12)
PARKING SPACES IN MUNICIPAL PARKING LOT 24B BETWEEN 6:00
AM AND 6:00 PM, MONDAY THROUGH FRIDAY; AND PROVISION OF
DESIGNATED PARKING SPACES FOR PATRONS OF THE BANK.
4‘ THIS THIRD AMENDMENT TO THE AGREEMENT is made and entered into this
6)7{, T+� Lk?1'
_ day of :r, 1992, by and between the City of Miami Beach as Lessor (hereafter
referred to as "Lessor" or "City") and Great Western Bank (hereafter referred to as
"Lessee" or "Great Western").
WHEREAS, Lessor and AmeriFirst Bank, a Federal Savings Bank ("Amerifirst"), as
Lessee, entered into that certain Lease Agreement dated June 12, 1989, as amended by
Amendment No. 1 to the Lease Agreement dated June 6, 1990, and as further amended
by Amendment No. 2 to the Lease Agreement dated December 4, 1991, (collectively the
"Lease"), for parking spaces in the Municipal Parking Lot 24-B, located at 71st Street and
Rue Vendome, Miami Beach, Florida to be used solely for and by patrons of the Lessee,
during operational hours of 6:00 AM to 6:00 PM, Monday through Friday inclusively; and
WHEREAS,the Resolution Trust Corporation, a corporation organized and existing
under the laws of the United States of America (the "RTC"), by virtue of its appointment
as receiver of Amerifirst, its subsequent appointment as receiver for Amerifirst Federal
Savings Bank ("Amerifirst Federal") and the transfer of assets between the RTC as
receiver of Amerifirst and Amerifirst Federal, succeeded to the lessee's interest under the
Lease; and
WHEREAS, the lessee's interest under the Lease was subsequently assigned by
the RTC to Great Western, pursuant to that certain Assignment and Assumption
Agreement dated June 1, 1992; and
WHEREAS, the Lease provided for the financial compensation of$26.67 per space
per month (or $1,600.00 per year) payable in advance; and
WHEREAS, as defined in Paragraph 10 of the Lease, Lessee has met the
obligation to contact the Lessor regarding the extension of the Lease Agreement for
another one-year period; evaluating the rates applied to the rental accordingly.
NOW, THEREFORE, the parties desire to amend certain provisions of the Lease
Agreement and subsequent amendments agreeing as follows:
1. Recitals: the foregoing recitals are true and correct.
2. Paragraph 1 of the Lease is hereby deleted in its entirety and the following
substituted therefor:
Paragraph 1: Lessor leases to Lessee twelve (12) spaces in Municipal
Parking Lot 24-B located at 71st Street and Rue Vendome in Miami Beach,
Florida.
3. Paragraph 2 of the Lease is hereby modified by deleting the name
"AmeriFirst Bank, a Federal Savings Bank", and substituting "Great Western
Bank, a Federal Savings Bank" therefor.
4. Paragraph 3 of the Lease is hereby deleted in its entirety and the following
substituted therefor:
Paragraph 3: The lease rate for these parking spaces shall be $30.00 per
space per month plus 6.5% Florida State Sales Tax, which for the twelve
(12) spaces totals $4,600.80 per year, payable in advance of the lease
period.
5. Paragraph 5 of the Lease is hereby deleted in its entirety.
6. Paragraph 6 of the Lease is hereby amended by addition of the following:
Lessee may carry the insurance required herein under its blanket insurance
policy and shall include contractual liability coverage,. ta—mer--the
iiiimiomotifieotiew
7. In Paragraph 8, the address for notices to Lessee is hereby deleted and the
following substituted therefore:
TO LESSEE:
Great Western Bank, a Federal Savings Bank
9200 Oakdale Avenue, 4th Floor
Chatsworth, CA 91311
ATTN: Lease Administration
8. Ratification: Except as herein modified, all of the terms provisions of the
Lease Agreement are hereby ratified and confirmed.
i
** It is understood that Lessor shall be re0 Or
-
spons ible for the maintenance and upkeep ' *
of Parking Lot 24 -B .
IN WITNESS WHEREOF, the parties hereto have caused their names to be signed
and their seals to be affixed, as of the day and year first above written.
CITY OF MIAMI BEACH
" w9)
ByMAR
Attest: �
e rays kAl (100a•
City Clerk
GREAT WESTERN BANK
a Federal Savings Bank
.V ,
By:
Robert V. DiAlberto
Regional Vice President
Attest:
/rege-i4,
f /ce G• SR
NOTARY PUBLIC STATE OF FLORIDA
MY COMMISSION EXP.AUG.15,1995
BONDED'liRU GENERAL INS.UND.
FORM APPROVED
LEGAL DEPARTMENT:
By:
Date: Nov tuber �j , 1992
mam/
1
RESOLUTION NO. 92-20674
Authorizing the execution of the third
•
amendment to the lease agreement between
the City of Miami Beach and Great Western
1r- Bank, a Federal Savings Bank, for use ot
twelve parking spaces located in the
NI City's Municipal Parking Lot 24-B at
71st Street and Rue Vendome, between the
hours of 8:00 a.m. and 5:00 p.m. , Monday
through Friday.
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