2009-27283 Reso
RESOLUTION NO. 2009-27283
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING ON SECOND READING (AND
FINAL APPROVAL), FOLLOWING A DULY NOTICED PUBLIC HEARING, A
LEASE AGREEMENT BETWEEN THE CITY AND THE MIAMI BEACH
ECOMB, INC., FOR USE OF APPROXIMATELY 1,251 SQUARE FEET OF
CITY-OWNED PROPERTY, LOCATED AT 210 SECOND STREET, MIAMI
BEACH, FLORIDA; SAID LEASE HAVING AN INITIAL TERM OF THREE
YEARS AND SIXTEEN DAYS, WITH ONE ADDITIONAL THREE YEAR
RENEWAL TERM, AT THE CITY'S SOLE DISCRETION; AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE THE LEASE AGREEMENT
WHEREAS, in April 2004, the City-owned building ("the Building) located within a
portion of Washington Park, and physically located at 210 Second Street, was used a Miami
Beach Police Substation, until same was vacated in May 2009; and
WHEREAS, ECOMB, Inc. has expressed interest in leasing the Building for office
space; and
WHEREAS, on September 3, 2009, the F&CPC approved the proposed lease, said
lease having an initial term of three (3) years, commencing January 1, 2010 and ending
December 31, 2012, with one (1) additional three (3) year renewal term, at the City's sole
discretion; 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 lease, with the second (and final) reading followed by an
advertised public hearing to obtain citizen input; and
WHEREAS, on October 14, 2009, pursuant to Resolution No. 2009-27238, the
Mayor and City Commission approved the Lease Agreement on first reading; waived by 5/7tn
vote, the competitive bidding and appraisal requirements; set the public hearing on
December 9, 2009, for second reading and final approval of the Lease Agreement; and
referred the issue of the restrooms and the operational requirements to the Neighborhoods
and Community Affairs Committee (Neighborhoods Committee); and
WHEREAS, on November 12, 2009, the Neighborhoods Committee discussed the
restrooms and operational issues and recommended approved the proposed lease; and
WHEREAS, said public hearing was held on December 9, 2009.
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 second reading (and final approval), following a duly
noticed public hearing, a Lease Agreement between the City and ECOMB, Inc., for use of
the 1,251 square foot City-owned building, located at 210 Second Street, Miami Beach,
Florida for an initial term of three years, with one additional three year renewal term, at the
City's sole discretion, authorizing the Mayor and City Clerk to execute the Lease
Agreement.
PASSED and ADOPTED this 9th day of December, 2009.
a~pov~ asTo
FORM 8~ LANQUAC~iL
ATTEST:
Robert Parcher, CITY CLERK
atti Herrera Bower, MAYOR
JMG\HMF\AP\rlr
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COMMISSION ITEM SUMMARY
Condensed Title:
Resolution approving, on second reading, following a duly noticed public hearing, a Lease Agreement between the City
and ECOMB, Inc. for use of the 1,251 SF City-owned building located at 210 Second Street, for a term of three years,
with one additional three year renewal term, at the City's sole discretion.
K~ Intended Outcome Supported:
Increase resident satisfaction with the level of services and facilities.
Supporting Data (Surveys, Environmental Scan, etc.):
Approximately 40% of retail businesses surveyed, rank Miami Beach as one of the best places to do business and 61
of the same group would recommend Miami Beach as a place to do business.
Issue:
Should the Ci Commission a rove the lease a reement?
item summa iKecommenaatton:
SECOND READING ~ PUBLIC HEARING
On March 10, 2009, the Finance & Citywide Projects Committee (F&CPC) as part of the City's space planning
discussion was informed that the City-owned building, located at 210 Second Street was not needed for City offices and
did not have a future programmed use. On September 3, 2009, the F&CPC recommended approval of the proposed
lease with the following terms:
• Square Footage: 1,251 SF
• Term: Three years and sixteen days, with one additional three year renewal term, at City's sole discretion;
• Rent: $1.20 annually in consideration for the volunteer clean-up efforts Tenant provides along the City's
beaches; educational programs; and coordination of the City's adopt-a-beach pilot program;
• Additional Rent: Not applicable;
• Security Deposit: Prior to execution of the Lease, the Tenant will furnish the City a Security Deposit in the sum
of $500.00;
• Utilities: Tenant shall be responsible for all utilities. Additionally, Tenant shall reimburse the City a monthly flat
fee of $200.00 for water, sewer and stormwater costs;
• Landscaping, Tenant shall be responsible for all landscaping immediately adjacent to the building.
Section 82-39 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. On October 14, 2009, pursuant to Resolution No. 2009-27238, the Mayor and City
Commission approved the Lease Agreement on first reading; waived by 5/7`" vote, the competitive bidding and
appraisal requirements; set the public hearing on December 9, 2009, for second reading and final approval of the
Lease Agreement; and referred the issue of the restrooms and the operational requirements to the Neighborhoods and
Community Affairs Committee.
On November 12, 2009, the Neighborhoods Committee discussed the restrooms and operational issues and
recommended approval of the proposed Lease Agreement.
Advisory Board Recommendation:
Finance & Citywide Projects Committee, March 10, 2009 and September 3, 2009.
Neighborhoods /Community Affairs Committee, November 12, 2009.
Financial Information:
Source of Funds: Amount Account
n/a 1 n/a
Financial Impact Summary:
Clerk's Office
Anna Parekh, extension 6471
Si n-Offs•
Depart ent Director Assistant Manager City Manager
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AGENQA ITEM 7
DATE 12- ~/-o g
m MIAMIBEACH
City of Miami Beath, 1700 Convention Center Drive, Miomi 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: December 9, 2009 ECOND READING 8~ PUBLIC HEARING
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING ON SECOND READING (AND FINAL
APPROVAL), FOLLOWING A DULY NOTICED PUBLIC HEARING, A LEASE
AGREEMENT BETWEEN THE CITY AND THE MIAMI BEACH ECOMB, INC.,
FOR USE OF APPROXIMATELY 1,251 SQUARE FEET OF CITY-OWNED
PROPERTY, LOCATED AT 210 SECOND STREET, MIAMI BEACH, FLORIDA;
SAID LEASE HAVING AN INITIAL TERM OF THREE YEARS AND SIXTEEN
DAYS, WITH ONE ADDITIONAL THREE YEAR RENEWAL TERM, AT THE
CITY'S SOLE DISCRETION; AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE THE LEASE AGREEMENT
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
KEY INTENDED OUTCOMES SUPPORTED
Increase resident satisfaction with the level of services and facilities.
ANALYSIS
The space being considered for lease is a City-owned building (the "Building") located within a
portion of Washington Park (as specifically delineated in Exhibit A) and located on the southeast
corner of Collins Court and 2nd Street adjacent to the existing small dog bark park. Built in 1949 as
a recreational center, the Building is designated as a "contributing structure" within the Ocean Beach
Historic District. It was originally designed by noted architect Hany O. Nelson, who also designed the
art deco hotel on Ocean Terrace and 75th Street (now the Days Inn) and the Humana building
located at 74th Street and Collins Avenue.
Since September 9, 1998 until April 30, 2004, the Building was occupied by the not-for profit Alliance
for Media Arts, Inc. In April of 2004, the City began to utilize the Building as an RDA Police
substation. A screen enclosure was added to the exterior patio to secure the area. The RDA Police
has since been relocated. For the past four months the Building has been secured and vacant.
The Environmental Coalition of Miami Beach, Inc. (ECOMB) recently approached the City requesting
the opportunity to lease the Building. ECOMB works closely with the City and other local
organizations to promote activities in support of the environment, including clean-up events, and
promotion of recycling and other green initiatives. The Building's interior office space consists of
approximately 209 square feet of the total 1,251 square feet which makes up the entire footprint of
the Building. The large screened exterior patio and two restrooms account for the remaining square
footage. No portion of the adjacent small dog bark park space is included in this lease agreement.
Commission Memorandum
ECOMB, Inc.
December 9, 2009
Page 2 of 6
ECOMB has presented an initial concept plan to develop this facility into the "Miami Beach Center
for the Environment". This concept plan would entail, at a minimum, the enclosure of the screened
patio area. Until such time as ECOMB is able to produce a final concept plan and demonstrate
financial resources to implement its concept plan, the Building will be used by ECOMB for office
space. Any improvements to the Building would first necessitate approval of the City Manager.
Additionally, due to its "contributing structure" designation, any improvements beyond cleaning and
superficial repairs would require Historic Preservation Board approval. Upon conferring with the
Planning Department, staff does not foresee any obstacles in obtaining Historic Preservation
approval of the proposed concept plan.
On September 3, 2009, the Finance & Citywide Projects Committee reviewed and recommended
approval of the lease agreement containing the following terms:
TERM: Initial term of three years, with one additional three year renewal period, at the City's
sole discretion. (ECOMB subsequently requested an additional 16 days and lease.
commencement date of December 15, 2009.
RENT: ECOMB would pay a base rent of $1.20 per year. This rent structure is similar to that
used for other not-for-profit community service organizations leasing City-owned
property.
SECURITY
DEPOSIT: The City is requiring a security deposit of $500.00, which is a nominal amount to
offset the cost of unexpected repairs to the Building.
UTILITIES: ECOMB shall be responsible for and directly pay all utility costs including, without
limitation, electricity, gas, cable, telephone, Internet, janitorial garbage service, all
hook-up fees and impact fees, and any other utility service provided to the Building.
In addition to these costs, ECOMB agrees to reimburse the City a flat fee for water,
sewer and stormwater costs that are tied into the water meter for the adjacent park,
in the amount of Two Hundred Dollars and 00/100 ($200.00) per month.
LANDSCAPING:
ECOMB shall be responsible for all landscaping immediately adjacent to the north
side of the Building, which landscaping shall be maintained to the standards of the
City's Parks Department. If ECOMB fails to maintain the landscaping, City may
provide appropriate maintenance, at ECOMB's expense.
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;
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.
Section 82-39 further provides for the waiver of the competitive bidding and appraisal requirements,
by 5/7tng 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.
Commission Memorandum
ECOMB, Inc.
December 9, 2009
Page 3 of 6
On October 14, 2009, pursuant to Resolution No. 2009-27238, the Mayor and City Commission
approved the Lease Agreement on first reading; waived by 5/7th vote, the competitive bidding and
appraisal requirements; set the public hearing on December 9, 2009, for second reading and final
approval of the Lease Agreement; and referred the issue of operational requirements to the
Neighborhoods/Community Affairs Committee (Neighborhoods Committee) for discussion, as well
as a discussion on whether the facility restrooms should be converted into public restrooms under
ECOMB's management responsibilities.
On November 12, 2009, the Neighborhoods Committee discussed the restrooms and operational
issues. The Neighborhoods Committee agreed with the Administration's recommendation that the
restrooms remain closed to the general public and be utilized solely by ECOMB, who would assume
the cost of the restrooms' daily maintenance. Additionally, the Neighborhoods Committee also
agreed with the Administration's recommendation that in exchange for the proposed Lease, ECOMB
would be required to provide further consideration, on an annual basis throughout the lease term, as
follows:
Clean-ups:
While ECOMB has a record of coordinating many events in the community, it was
recommended that ECOMB be required to coordinate a minimum of twelve (12) clean-up
events each term year. ECOMB has provided an estimated value of its clean-up events, in
addition to the environmental benefits, based on its clean-up schedule for 2010 (Exhibit B).
Educational Programming:
It was recommended that ECOMB be required to coordinate at least four (4) youth
educational programs each term year.
Coordination of the City's Adopt-A-Beach (pilot) program:
It was recommended that ECOMB provide operational support for the City's new "Adopt A
Beach" initiative, relieving City staff of the time associated with implementing, coordinating
and monitoring this program, as approved by the City Commission on September 9, 2009. It
is estimated that the implementation and management of this program would involve from
10-20 hours of City staff time per week. ECOMB would be responsible for administering the
City's Adopt a Beach program consistent with the policies and procedures approved by the
City Commission, and in cooperation with the City's Environmental Services Division, to
include:
• Active marketing and promotion of the program to local organizations,
neighborhoods, businesses, schools, etc. with the goal of securing no less
than eight (8) sponsors;
Processing applications, designating locations and coordinating the
appropriate signage with City staff;
• Coordinating the clean-up schedule for all sponsors, including providing
necessary materials for the clean-up days scheduled by the organizations;
and,
• Maintaining program records, such as sponsor information, the number of
clean-ups per sponsor, the number of volunteers used per sponsor, the
amount of trash collected by sponsors at each clean-up, and whether the
sponsors achieved the minimum requirements of sponsorship (minimum
number of a clean-ups per year). The City's Public Works Department will
collect the sponsor fees and purchase all materials for the program.
Commission Memorandum
ECOMB, Inc.
December 9, 2009
Page 4 of 6
CONCLUSION
Given that the building is not utilized by the City; that the Building has not been identified for any
other revenue generating purpose; that ECOMB is willing to undertake the operating costs of the
Building thus ensuring that this "contributing structure" is maintained and preserved; and that
ECOMB will continue to provide volunteer clean-up efforts along the City's beaches; educational
programming; and assume responsibility for implementing, coordinating and monitoring of the City's
Adopt-A-Beach program; staff recommends that the City enter into a lease agreement for this
Building with the above noted proposed terms.
Based on the aforementioned, the Administration recommends that the Mayor and City Commission
approve on second reading (and final approval), following a duly noticed public hearing, the Lease
Agreement by and between the City and ECOMB, Inc. for use of the approximately 1,251 square
foot of City-owned building, located at 210 Second Street,- Miami Beach, Florida, for an initial term of
three years, with one additional three year renewal term, at the City's sole discretion and authorize
the City Clerk and the Mayor to execute the Lease Agreement.
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Commission Memorandum
ECOMB, Inc.
December 9, 2009
Page 5 of 6
EXHIBIT A
(the "Building")
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Commission Memorandum
ECOMB, Inc.
December 9, 2009
Page 6 of 6
EXHIBIT B
("Clean-up Schedule")
Estimated Estimated
2010 ~ Estimated Volunteer Cleanup Cost
Dates Event Number of Gost (4 HRS (includes staff
Volunteers @ $18 per time & clean
HR) up materials)
23-Jan Monument ]stand Cleanup -Mondrian South Beach + 40 $2
880.00 $882
Comedy Central /MTV ,
13-Feb Monument Island Cleanup -Mondrian South Beach 30 $2,160.00 $882
20-Feb Venetian Causeway Clean-up 50 $3,600.00 $932
14-Mar Mitzvah Day -Pine Tree Park and Mid Beach (53rd 60 $4
320.00 $932
Street Beach X Collins Ave) Clean-ups ,
27-Mar Monument Island Cleanup -Mondrian South Beach 30 $2,160.00 $882
24-Apr Monument Island Cleanup -Mondrian South Beach +
' 130 $9
360.00 $1,032
Teahcer
s island Cleanup = Baynanza IO ,
17-Apr Miami Beach Gay Pride Going Green -Lummus Park 50 $3
600.00 $932
Beach Cleanup, Recycling, and morel ,
8-May The Big Sweep -South Beach Ciean-up Competition 500 $36
000.00 $2
000
(South Pointe to 46th Street) , ,
22-May Monument Island Cleanup -Mondrian South Beach 30 $2,160.00 $882
26-Jun Monument Island Cleanup -Mondrian South Beach 30 $2,160.00 $882
July l - 7 National Clean Beaches Week-North, Mid and South 100 $7
200.00 $1
012
Beach (sites to be determined) , ,
24-Jul Monument Island Cleanup -Mondrian South Beach 30 $2,160.00 $882
21-Aug .Monument Island Cleanup -Mondrian South Beach 30 $2,160.00 $882
Monument Island Cleanup -Mondrian South Beach +
18-Sep Teacher's Island Cleanup =International Coastal Clean- I50 $]0,800.00 $1,032
up Day
l6-Oct Tatum Waterway Cleanyp 40 $2,880.00 $932
ECOMB's Fun Day at the Beach Fundraiser -Boucher
October Brothers (TENTATIVE) -Lummus Park Beach 50 $3,600.00 $932
Cleanup
24-Oct Monument Island Cleanup -Mondrian South Beach 30 $2,160.00 $882
November Monument Island Cleanup -Mondrian South Beach 30 $2,160.00 $882
12-Dec Monument Island Cleanup -Mondrian South Beach 20 $ L,440.00 $882
TOTAL 1,430 $102,960.00 $18,556.00
GRAND TOTAL $121,516.00