2009-27132 ResoRESOLUTION NO. 2009-27132
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING ON FIRST READING, LEASE
AGREEMENTS BETWEEN THE CITY AND 1) JEWISH COMMUNITY
SERVICES OF SOUTH FLORIDA, INC.; 2) LITTLE HAVANA ACTIVITIES
AND NUTRITION CENTERS OF DADE COUNTY, INC.; 3) MIAMI DADE
COUNTY COMMUNITY ACTION AGENCY, INC.; AND 4) UNIDAD OF
MIAMI BEACH, INC.; ADDITIONALLY APPROVING A CONCESSION
AGREEMENT WITH JEWISH COMMUNITY SERVICES OF SOUTH
FLORIDA, INC. AND A LETTER AGREEMENT WITH LITTLE HAVANA
ACTIVITIES AND NUTRITION CENTERS OF DADE COUNTY, INC.; ALL
AGREEMENTS BEING FOR USE OF THE SOUTH SHORE COMMUNITY
CENTER, LOCATED AT 833 6T"STREET, MIAMI BEACH, FLORIDA; SAID
AGREEMENTS HAVING AN INITIAL TERM OF FOUR YEARS AND THREE
HUNDRED SIXTY FOUR DAYS, WITH AN ADDITIONAL FIVE YEAR
RENEWAL TERM, AT THE CITY'S SOLE DISCRETION; WAIVING BY
5/7THS VOTE, THE COMPETITIVE BIDDING AND APPRAISAL
REQUIREMENTS, AS REQUIRED BY SECTION 82-39 OF THE MIAMI
BEACH CITY CODE; FURTHER SETTING A PUBLIC HEARING ON
SEPTEMBER 9, 2009, FOR THE SECOND READING (AND FINAL
APPROVAL) OF THE LEASE AGREEMENTS
WHEREAS, for over a decade, the South Shore Community Center (Center),
located at 833 6th Street has been host to various not-for-profit, community service
organizations that provide assistance to the Miami Beach community; and
WHEREAS, the various organizations, who had vacated the Center during its
recent $2.7 million dollar renovation, have resumed occupancy and the City is desirous of
formalizing its Landlord /Tenant relationship; and
WHEREAS, the City and the proposed Tenants have negotiated the above stated
Agreements, all with an initial term of four years and three hundred sixty four days,
commencing on October 1, 2009 and ending on September 29, 2014, with one additional
five year renewal term, at the City's sole discretion; and
WHEREAS, on June 25, 2009, the Finance and Citywide Projects Committee
discussed the proposed Agreements and unanimously recommended their approval as
negotiated between the parties; and
WHEREAS, Section 82-39 of the Miami Beach City Code, governing the sale/lease
of public property, requires a competitive bidding process, a Planning Department analysis,
and an independent appraisal to determine the value of the leasehold interest, as well as
two (2) readings of the proposed leases, with the second (and final) reading followed by an
advertised public hearing to obtain citizen input; and
WHEREAS, the Administration would hereby recommend that the Mayor and City
Commission approve the attached Lease Agreements on first reading, and hereby set the
public hearing on September 9, 2009, for second reading and final approval of the Lease
Agreements; additionally approving the attached Concession Agreement and Letter
Agreement; and
WHEREAS, Section 82-39 of the City Code further provides for the waiver of the
competitive bidding and appraisal requirements, by 5/7tns vote of the Mayor and City
Commission, for leases of City land, upon a finding by the Mayor and City Commission that
the public interest would be served by waiving such conditions; the Administration would
also hereby recommend that the Mayor and City Commission approve said waiver.
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 hereby approve on first reading, Lease Agreements between the City and 1)
Jewish Community Services of South Florida, Inc.; 2) Little Havana Activities and Nutrition
Centers of Dade County, Inc.; 3) Miami Dade County Community Action Agency, Inc.; and
4) UNIDAD of Miami Beach, Inc.; additionally approving a Concession Agreement with
Jewish Community Services of South Florida, Inc. and a Letter Agreement with Little
Havana Activities and Nutrition Centers of Dade County, Inc.; all Agreements being for use
of the South Shore Community Center, located at 833 6th Street, Miami Beach, Florida;
said Agreements having an initial term of four years and three hundred sixty four days, with
an additional five year renewal term, at the City's sole discretion; waiving by 5/7tns vote, the
competitive bidding and appraisal requirements, as required by Section 82-39 of the Miami
Beach City Code; further setting a public hearing on September 9, 2009, for the second
reading (and final approval) of the Lease Agreements.
PASSED and ADOPTED this 15th day of July, 2009.
ATTEST:
Robert Parcher, CITY CLERK Matti Herrera'Bower, .MAYOR
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COMMISSION ITEM SUMMARY
Condensed Title:
Resolution approving on first reading Lease Agreements with the JCS, Little Havana Activities, M-D CAA, and UNIDAD
for leased premises; a Concession Agreement with the JCS for use of the auditorium and a Letter Agreement with Little
Havana Activities for use of the playground at the South Shore Community Center located at 833 6'h Street.
Key Intended Outcome Supported:
To ensure well-maintained facilities.
Supporting Data (Surveys, Environmental Scan, etc.):
83% of residents surveyed felt that recent capital improvement projects were either excellent or good.
Issue:
Should the Ma or and the Ci Commission a rove the a reements?
Item Summa /Recommendation:
FIRST READING
Currently, as well as prior to the Center's renovation, all the Tenants at the South Shore Community Center, with the
exception of UNIDAD, occupied space on a month-to-month tenancy, at the City's sole expense. The following
proposed agreements all have an initial term of 4 years and 364 days with one additional 5 year renewal term, at the
City sole discretion. Additionally, tenants pay their proportionate share of Operating Expenses and CAM which is $7.68
per square foot.
1) Jewish Community Services (JCS) of South Florida. Inc. Two leases and a concession agreement are being
proposed as follows: 1) a lease for use of 289 square feet of storage space to operate its senior meals program; 2) a
coterminous concession agreement for use of the 2,792 square foot Auditorium space for recreation and mid-day
meal service; and 3) a lease for use of 445 square feet of office space to operate its senior ride program. The
concession agreement guarantees JCS part-time use of the space on weekdays from 8:00 AM to 2:00 PM. The
space would remain available for use by the City and/or general public during other times as coordinated by the
Parks and Recreation Department.
2) Little Havana Activities and Nutrition Centers (LHANC) of Dade County, Inc. A lease agreement for use of 2,919
square feet of space to operate its Rainbow Intergeneration Childcare Center, and a concurrent letter agreement for
use of the adjacent exterior 7,002 square foot playground space, guaranteeing LHANC sole use of the space and
providing a safe and secure environment for the children.
3) Miami Dade Community Action Agency1CAA), Inc. A lease agreement for use of 2,076 square feet of office space to
operate the "South Beach Community Enrichment Center".
4) UNIDAD of Miami Beach Inc. Upon completion of the renovation project it was determined that some of the part-
time 1S floor space granted to UNIDAD under the FirstAmendmentwas no longer available. UNIDAD and the City
are proposing to terminate the existing Lease and enter into a new lease agreement that would contain the same
terms and language as the other tenants utilizing the Center. The square footage and the CAM costs have been
adjusted accordingly. The lease agreement is for use of 3,826 square feet of office space on the 2"d floor and an
additional 329 s uare feet of stora e s ace on the 1~` floor.
Adviso Board Recommendation:
Finance and Ci ide Pro'ects Committee on June 25, 2009.
Financial Information:
Source of Funds: Amount Account
n/a 1 n/a
OBPI
City Clerk's Office Legislative Tracking:
~ Ana Cecilia Velasco, extension 6727
Sign-Offs:
De rtment Director Assistan 'ty Manager City Manager
AP HMF JMG
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~ I A I B EAR H AGENDA ITEM ~~ D
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m MIAMIBEACH
City of Miami Beath, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: July 15, 2009
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING ON FIRST READING, LEASE
AGREEMENTS BETWEEN THE CITY AND 1) JEWISH COMMUNITY SERVICES
OF SOUTH FLORIDA, INC.; 2) LITTLE HAVANA ACTIVITIES AND NUTRITION
CENTERS OF DADE COUNTY, INC.; 3) MIAMI DADE COUNTY COMMUNITY
ACTION AGENCY, INC.; AND 4) UNIDAD OF MIAMI BEACH, INC.;
ADDITIONALLY APPROVING A CONCESSION AGREEMENT WITH JEWISH
COMMUNITY SERVICES OF SOUTH FLORIDA, INC. AND A LETTER
AGREEMENT WITH LITTLE HAVANA ACTIVITIES AND NUTRITION CENTERS
OF DADE COUNTY, INC.; ALL AGREEMENTS BEING FOR USE OF THE
SOUTH SHORE COMMUNITY CENTER, LOCATED AT 833 6T" STREET, MIAMI
BEACH, FLORIDA; SAID AGREEMENTS HAVING AN INITIAL TERM OF FOUR
YEARS AND THREE HUNDRED SIXTY FOUR DAYS, WITH AN ADDITIONAL
FIVE YEAR RENEWAL TERM, AT THE CITY'S SOLE DISCRETION; WAIVING
BY 5/7T"s VOTE, THE COMPETITIVE BIDDING AND APPRAISAL
REQUIREMENTS, AS REQUIRED BY SECTION 82-39 OF THE MIAMI BEACH
CITY CODE; FURTHER SETTING A PUBLIC HEARING ON SEPTEMBER 9,
2009, FOR THE SECOND READING (AND FINAL APPROVAL) OF THE LEASE
AGREEMENTS,
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
KEY INTENDED OUTCOMES SUPPORTED
To ensure well-maintained facilities.
ANALYSIS
For over a decade, the South Shore Community Center (Center), located at 833 6th Street has been
host to various not-for-profit, community service organizations that provide assistance to the Miami
Beach community.
During the City's recently completed $2.7 million dollar renovation of the Center, the occupants
vacated the premises. The occupants have since returned to the newly renovated Center, and the
City is desirous of formalizing its Landlord /Tenant relationship. Currently, as well as prior to the
Center's renovation, all the occupants, with the exception of UNIDAD, occupied space on a month-
to-month tenancy, at the City's sole expense.
City staff met with representatives of the various occupant groups on January 6, 2009 and again on
March 24, 2009, to discuss the terms of the proposed agreements, with specific emphasis on the
occupant's budgetary constraints and their ability to pay their proportionate share of Common Area
Maintenance (CAM) costs. Subsequent to the aforestated meetings, further adjustments were made
to the total leasable space resulting in an increase to the cost per square foot previously discussed
and as reflected in Exhibit 1.
All the proposed Agreements have an initial term of four (4) years and three hundred sixty four (364)
days with one additional five (5) year renewal term, at the City sole discretion. Additionally, the City is
proposing that all Tenants pay their proportionate share of annual CAM costs, which are limited to,
and shall include electrical service, water service, sewer service, stormwater costs and janitorial
service to the Center (including inside the Demised Premises and Concession Area), estimated to
be $97,300.74 and/or approximately $7.68 ($7.675981) per square foot.
1) Jewish Community Services (JCS) of South Florida, Inc.
Two leases and a concession agreement are being proposed. The first proposed lease
agreement (Exhibit A) is for use of 289 square feet of storage space required by JCS to
operate its "senior meals program". This program provides recreational activities and a mid-
day meal to residents that are 60 years and older. Base Rent for the Demised Premises
shall be One Dollar and Twenty Cents ($1.20) per year. Additionally, Tenant shall pay One
Hundred Eighty Four Dollars and 86/100 ($184.86) per month, for its proportionate share of
CAM.
The proposed coterminous concession agreement (Exhibit B) is for use of the 2,792 square
foot Auditorium space required by JCS to conduct its recreational activities and serve its
mid-day meal. A concession agreement was determined to be the appropriate mechanism
by which to guarantee JCS part-time use of the space on weekdays from 8:00 AM to 2:00
PM and still allow the space to be available for use by the City and/or general public during
the afternoon, evening and weekend hours. The Miami Beach Parks and Recreation
Department will be coordinating the use and/or rental of the Auditorium pursuant to its rules
and regulations for rental of City-owned facilities. Base Fee for the Concession Area shall be
One Dollar and Twenty Cents ($1.20) per year. Additionally, Concessionaire shall pay Four
Hundred Forty Six Dollars and 49/100 ($446.49) per month, for its proportionate share of
CAM.
The second proposed lease agreement (Exhibit C) is for use of 445 square feet of office
space required by JCS to operate its "senior ride program." This program provides door-to-
doorbus transportation services to residents that are 60 years and older. Base Rent for the
Demised Premises shall be One Dollar and Twenty Cents ($1.20) per year. Additionally,
Tenant shall pay Two Hundred Eighty Four Dollars and 65/100 ($284.65) per month, for its
proportionate share of CAM.
2) Little Havana Activities and Nutrition Centers (LHANC) of Dade County, Inc.
A lease and letter agreement is being proposed. The proposed lease agreement (Exhibit D)
is for use of 2,919 square feet of space required by LHANC to operate its "Rainbow
Intergeneration Childcare Center". This program provides childcare service to approximately
60 children. Base Rent for the Demised Premises shall be One Dollar and Twenty Cents
($1.20) per year. Additionally, Tenant shall pay One Thousand Eight Hundred Sixty Seven
Dollars and 18/100 ($1,867.18) per month, for its proportionate share of CAM.
The proposed concurrent letter agreement (Exhibit E) is for use of the adjacent exterior
7,002 square foot playground space required by LHANC to provide the children an outdoor
recreation play area. A letter agreement was determined to be the appropriate mechanism
by which to guarantee LHANC sole use of the space, thus providing the children with a safe
and secure environment. The playground space is not "under-roof' and therefore, not
2
included as part of the building's leasable square footage.
3) Miami Dade County Community Action Agency (CAA), Inc.
A lease agreement (Exhibit F) is being proposed for CAA's use of 2,076 square feet of office
space needed by the CAA to operate the "South Beach Community Enrichment Center"
which empowers economically disadvantaged individuals, families and communities to
achieve self-sufficiency through resource mobilization, service delivery, education and
advocacy. Base Rent for the Demised Premises shall be One Dollar and Twenty Cents
($1.20) per year. Additionally, Tenant shall pay One Thousand Three Hundred Twenty
Seven Dollars and 94/100 ($1,327.94) per month, for its proportionate share of CAM.
4) UNIDAD of Miami Beach, Inc.
On November 8, 2000, the Mayor and City Commission adopted Resolution No. 2000-
24158, approving a Lease Agreement between the City and UNIDAD for space at the South
Shore Community Center. UNIDAD provides counseling, education, and employment
training services to the City's community. Subsequently, on May 18, 2005, the City
Commission adopted Resolution No. 2005-25881, approving a First Amendment to the
UNIDAD Lease by redesignating UNIDAD's Leased Premises to include additional full-time
space on the 2"d floor, and additional part-time use of space located on the 1 Sc floor of the
Center. Furthermore, on July 24, 2002, the City Manager approved an abatement of
UNIDAD's CAM payments until such time as all other tenants had executed their respective
agreements and commenced paying their corresponding CAM costs.
Upon completion of the aforementioned renovation project it was determined that some of
the part-time 1 St floor space granted to UNIDAD under the First Amendment was no longer
available and therefore the Lease should be amended to reflect said change in the square
footage of the leased premises, and the CAM costs adjusted accordingly. Rather than
further amend the.Lease, UNIDAD and the City are proposing to terminate the existing
Lease and enter into a new lease agreement that would contain the same terms and
language as the other tenants utilizing the Center.
The new proposed lease agreement (Exhibit G) is for UNIDAD's use of 3,826 square feet of
office space on the 2"d floor and an additional 329 square feet of storage space on the 1S`
floor. Base Rent for the Demised Premises shall be One Dollar and Twenty Cents ($1.20)
per year. Additionally, Tenant shall pay Two Thousand Six Hundred Fifty Seven Dollars and
81 /100 ($2,657.81) per month, for its proportionate share of CAM.
CONCLUSION
On April 22, 2009, the Mayor and City Commission referred the discussion of the proposed
agreements governing use of space in the South Shore Community Center to the Finance and
Citywide Projects Committee (F&CPC). At their June 25, 2009 meeting, the F&CPC discussed the
proposed Agreements and unanimously recommended their approval as negotiated between the
City and the Tenants.
Section 82-39 of the Miami Beach City Code, governing the sale/lease of public property, provides
that the lease of any City-owned property, including option periods, requires the following:
1) a public bidding process;
2) Planning Department analysis (Exhibit H);
3) an independent appraisal to determine the value of the leasehold interest
4) two (2) readings of the proposed lease; and
5) a public hearing to obtain citizen input.
3
Section 82-39 further provides for the waiver of the competitive bidding and appraisal requirements,
by 5/7ths vote of the Mayor and City Commission, upon a finding by the Mayor and City Commission
that the public interest would be served by waiving such conditions.
Based on the valuable community services provided by the aforementioned Tenants, the
Administration recommends that the Mayor and City Commission hereby approve on first reading,
Lease Agreements between the City and 1) Jewish Community Services of South Florida, Inc.; 2)
Little Havana Activities and Nutrition Centers of Dade County, Inc.; 3) Miami Dade County
Community Action Agency, Inc.; and 4) UNIDAD of Miami Beach, Inc.; additionally approving a
Concession Agreement with Jewish Community Services of South Florida, Inc. and a Letter
Agreement with Little Havana Activities and Nutrition Centers of Dade County, Inc.; all Agreements
being for use of the South Shore Community Center, located at 833 6th Street, Miami Beach, Florida;
said Agreements having an initial term of four years and three hundred sixty four days, with an
additional five year renewal term, at the City's sole discretion; waiving by 5/7ths vote, the competitive
bidding and appraisal requirements, as required by Section 82-39 of the Miami Beach City Code;
further setting a public hearing on September 9, 2009, for the second reading (and final approval) of
the Lease Agreements.
JMG\HFWP\ACV\rlr
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EXHIBIT 1
stlmat nu I eratm enses
De artmeM Incumn 0 eratin Ex ense Activit Comments Annual Cost Totals
Parks & Recreation Electridty See note below $53,885.72
Parks & Recreation Water See note below $2,430.69
Perks & Recreation Sewer See note below $2,322.69
Perks & Recreation Stormwater See note below $2,411.64 $61,050.74
Pn pmt: r.t~~_ i „t ~-'_.C 1', 50.00
Estlmated Annual Operatlnp Expenses 597,300 79
nnual Cost Per S uars Foot PSF $7.675981
Nobs:
Based on actual amounts paid from 10/07 - 09/08 + 5% increase
* Cost updated to indude 2nd floor. Previously janitorial services consisted of maintenance of common areas and 1st floor
office deaning (e.g. trash removal, vacuuming, mopping). Only first floor was contracted for maintenance !deaning, since
2nd floor was under rehabilitation. One Diamontl staff is assigned to Center.
w In ce Istn utlon
1st FL S . FL 2nd FL S . Ft. Totals Sq. Ft. )
TENANTS
Leasable Space 8,850 3,826 12,676
Common Area 3,388 635 4,023
subtotal 12,238 4,461 16,699
CITY
Mechanical 810 355 1,165
subtotal 810 355 1,165
otal Buildin S uare Foote a 13,048 4 816 17,864
anants ro{ata are eas a ace
Tenant Leased Space
(Sq. Ft.) Pro~ata Share of
Leasable Space
Cit ofMiemiBeach-Auditorium 2,094 17%
JCS-SeniorMeels-Storage
JCS-SeniorMeels-Auditorium
JCS- Senior Meals -Total 289
~
987 2%
6%
JCS-Senior Ride 445 4%
Little Havana Activites & Nutrition Center 2,919 23%
Miami-0ade Communit Action A enc 2,076 16%
UNIDAD -Offices - 2nd FL
UN IDAD - Sorage - 1 st F L
UN IDAD -Total 3,826
329
4,155
33%
TOTALS 12.676 100%
ditorium -Total 2,792 100%
Sr. Meals (8am-2pm) 25%
Clt 2 m-8am 2,094 75%
ro-r a o o I er In apses
Tenants $97,300.7
PSF Cost $7.675981
City of Miami Beach Monthly $1,339.46
Yearly $16,073.50
JCS-SeniorMeels-Storage Monthl $184.86
Yearly $2,218.36
JCS-SeniorMeels-Auditorium Monthly $446.49
Yeany $5,357.83
JCS-Senior Ride Monthly $284.65
Yearly $3,415.81
Little Havana Activities 8 Nutrition Center Monthl $1,867.18
Yearly $22,406.19
Miami-0ade Community Action Agency Monthly $1,327.94
Yearly $15,935.34
UNIDAO Monthly $2,657.81
Yearly $31,893.70