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2011-27696 Reso RESOLUTION NO. 2011 -27696 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AN EIGHT (8) MONTH EXTENSION OF THE LEASE BETWEEN THE CITY OF MIAMI BEACH, AS TENANT, AND MERIDIAN MIAMI, LLC, AS LANDLORD, FOR APPROXIMATELY 5,311 RENTABLE SQUARE FEET OF PROPERTY, LOCATED AT 1680 MERIDIAN AVENUE, SUITES 201 AND 203, MIAMI BEACH, FLORIDA, FOR ADMINISTRATIVE OFFICES FOR THE CITY'S FIRE DEPARTMENT; SAID EXTENSION COMMENCING ON SEPTEMBER 1, 2011, AND EXPIRING ON APRIL 30, 2012; SUCH EXTENSION SO AS TO ALLOW THE FIRE DEPARTMENT'S ADMINISTRATIVE STAFF TO REMAIN IN THE SAME OFFICE SPACE WITHOUT THE DISRUPTION OF MOVING ITS OFFICE TWICE IN AN EIGHT (8) MONTH PERIOD WHEREAS, on October 11, 2006 the Mayor and City Commission adopted Resolution No. 2006- 26344, approving a Lease Agreement between the City and Meridian Center, LLC for the Fire Department's use of a portion of the property located at 1680 Meridian Avenue for a three year term which commenced on February 1, 2007 and expired on January 31, 2010 (the "Lease "); and WHEREAS, on December 09, 2009, a month before the January 2010 expiration of the Lease, the Mayor and the City Commission adopted Resolution No. 2009 - 27280, extending the Lease for an additional eight (8) month term, commencing February 1, 2010, and expiring September 30, 2010; and WHEREAS, on September 15, 2010, the City Commission adopted Resolution No. 2010 - 27489, approving: 1) a two month extension of the Lease for all of the leased space (8,300SF) for Fire Administration and Fire Prevention staff; and 2) a new lease agreement for a reduction of space at 1680 Meridian Avenue to accommodate the Fire Administration staff (5,311 SF) for nine months (12/1/10- 8/31/11) with a corresponding reduction in rent from $18,675/mo to $11,949.75/mo.; and WHEREAS, on June 23, 2011, the City's Finance and Citywide Projects Committee recommended in favor of an additional eight (8) month extension of the Lease, commencing on September 1, 2011, and expiring on April 30, 2012. 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 an eight (8) month extension of the Lease between the City of Miami Beach, as Tenant, and Meridian Miami, LLC, as Landlord, for approximately 5,311 rentable square feet of property located at 1680 Meridian Avenue, Suites 201 and 203, Miami Beach Florida, for administrative offices for the City's Fire Department; said extension commencing on September 1, 2011, and expiring on April 30, 2012; further authorizing the City Manager to execute any and all such contracts, as may be required to memorialize the extension. PASSED and ADOPTED this 13th day of July, 2011. ATTEST: ,,,,win qy f A A A' P il I ---'\),€:---::\ .."%vi 0,4---• Robert Parcher, CITY C R K •RP ` Ft 1 Herrera ower M AS TO 7 R ATE p . g #�':. � FORM & LANGUAGE • ti. •' A.,4 ;4j _ 5 & FOA EXECUTION T.:IAGENDAl2011 Uuiy 131Fire Dept Le. v*: ' .• e., • .... • . 0r ' 44 6/ qty • ttor -r`t, D ate i COMMISSION ITEM SUMMARY Condensed Title: Resolution approving an eight (8) month extension of the Lease between the City and Meridian Miami, LLC for the 5,311 SF located at 1680 Meridian Avenue, Miami Beach, Florida currently being used by the Fire Department's Administration Office. Key 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 City approve the extension of the Lease agreement? Item Summary/Recommendation: The renovation of Fire Station 2 required that the Fire Department's Administrative and Fire Prevention offices be relocated to privately leased space at 1680 Meridian Avenue. Prior to the expiration of the 2007 Lease, the Administration proposed relocating the Fire administration and prevention staff to City -owned space at 1701 Meridian Avenue (the 777 Building) for the duration of the time necessary to complete the construction of Fire Station 2. On January 13, 2010, Resolution 2010 -27298 approved funding for the renovation of the 2nd floor and a portion of the 4 floor of the 777 Building. Renovation was completed on the 2 floor and the Fire prevention staff relocated, but renovations to the 4th floor of the 777 Building are not anticipated to be completed prior to the August 31, 2011 expiration of the current, extended private Lease for space at 1680 Meridian Avenue. The completion of Fire Station 2 was recently projected to occur by March 31, 2012 — nine months sooner than was originally anticipated. An extension of the lease until March 2012 for Fire Administration staff will prevent a disruption in services and costs associated with moving two times in a short period of time (August and March). On June 23, the City Finance and Citywide Projects Committee recommended in favor of an additional extension to the private Lease term under the same terms and conditions of the existing Lease. A market analysis determined that the current rent is a market rent for office space on Miami Beach. Funding for the Lease extension will be included in the Fire Department's budget. The proposed extension terms for the Lease commencing on September 1, 2011 are as follows; all other terms of the Lease shall remain in full force and effect: TENANT: City of Miami Beach, a Florida municipal corporation. LANDLORD: Meridian Miami, LLC, a Florida limited liability company. DEMISED PREMISES: 5,311 rentable SF located at 1680 Meridian Avenue, Suites 201 and 203 TERM: Eight Months, Commencing September 1, 2011 expiring April 30, 2012 RENT: $27.00 PSF; $11,949.75 monthly. Rent includes Additional Rent (i.e. operating expenses, property taxes and insurance costs) and electric. Advisory Board Recommendation: Finance and Citywide Projects Committee recommended favorably on June 23, 2011. Financial Information: Source of Amount Account Funds: n/a $ 95,598.00 011 - 1210 - 000323 Financial Impact Summary: FY 2010 -2011: $11,949.75 x 1 month (September 1, 2011 — September 31, 2011) = $11,949.75 FY 2011 -2012: $11,949.75 x 7 months (October 1, 2011 — April 30, 2012) = $83,648.25 City Clerk's Office Legislative Tracking: Anna Parekh, Ext 7260 Sign -Offs: Department Director ist t City Manager CitManager AP HF ' JMG ( � T IAGENDAl20111Ju1 131Fire Dept Lease Summa doc erA MIAMIBEACH AGENDA ITEM 75 DATE l3 1 MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti H. Bower and Members of the City Commission - ----- 6 FROM: Jorge M. Gonzalez, City Manager DATE: July 13, 2011 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AN EIGHT (8) MONTH EXTENSION OF THE LEASE BETWEEN THE CITY OF MIAMI BEACH, AS TENANT, AND MERIDIAN MIAMI, LLC, AS LANDLORD, FOR APPROXIMATELY 5,311 RENTABLE SQUARE FEET OF PROPERTY, LOCATED AT 1680 MERIDIAN AVENUE, SUITES 201 AND 203, MIAMI BEACH, FLORIDA, TO BE USED AS ADMINISTRATIVE OFFICES FOR THE CITY'S FIRE DEPARTMENT; SAID EXTENSION COMMENCING ON SEPTEMBER 1, 2011 AND EXPIRING ON APRIL 30, 2012, SUCH EXTENSION WILL ALLOW THE FIRE DEPARTMENT TO CONTINUE TO PROVIDE SERVICE TO THE PUBLIC WITHOUT THE DISRUPTION OF MOVING ITS OFFICES TWICE IN AN EIGHT MONTH PERIOD. ADMINISTRATION RECOMMENDATION Adopt the Resolution KEY INTENDED OUTCOMES SUPPORTED To ensure well- maintained facilities. BACKGROUND The planned construction of a new Fire Station No.2, and the renovation of the existing historic building into administrative offices for the City's Fire Department, required the relocation of the Fire Department's Administration and Fire Prevention offices. At that time, there was no vacant City —owned property available that could accommodate the Fire Department's needs. Therefore, on October 11, 2006, the Mayor and the City Commission adopted Resolution No. 2006- 26344, approving a Lease Agreement between the City and Meridian Center, LLC, for the Fire Department's use of a portion of the property located at 1680 Meridian Avenue, for a three year term which commenced on February 1, 2007, and expired on January 31, 2010 (the "Lease "). Prior to the January 2010 expiration of the Lease, and following a comprehensive review of the City's office space use and the projected timeline (at that time) of the completion of construction of Fire Station 2, staff determined that it would be necessary to extend the private Lease until such time that portions of the City -owned property located at 1701 Meridian Avenue (a.k.a 777 Building) could be renovated to accommodate the Fire Department staff housed in the leased, private offices. The improvements would be functional for private tenants after the Fire Department moved to its permanent home. On December 9, 2009, the Mayor and the City Commission adopted Resolution No. 2009 - 27280, extending the Lease for an additional eight (8) month term, commencing on February 1, 2010, and expiring September 30, 2010. Consequently, on September 15, 2010, the City Commission approved: 1) a two month extension of the lease for all of the leased space (8,300 sf) for Fire Administration and Fire Prevention staff; and 2) a new lease agreement for a reduction of space at 1680 Meridian Avenue to Commission Memo Fire Department Lease Extension July 13, 2011 Page 2 of 2 accommodate only the Fire Administration staff (5,311 sf) for nine months (12/1/10 - 8/31/11), with a corresponding reduction in rent from $18,675/mo to $11,949.75/mo. The Fire Prevention staff was able to relocate to renovated space on the 2 floor of the 1701 Meridian Building. Completion of the 4 floor renovations to accommodate the balance of Fire staff is now projected for December 2011. Concurrently, we have been advised by CIP that the renovations to Fire Station 2 will be completed by March 31, 2012 — nine months sooner than was originally expected. Extending the Lease for an additional eight (8) months allows the Fire Department's Administrative offices to remain in their current location instead of relocating twice in an eight month period — something that would be costly and cause disruption to their operation. Funding for the lease extension will be included in the Fire Department's budget. The new eight (8) month extension will commence on September 1, 2011 and terminate on April 30, 2012. All other terms and provisions of the Lease remain in full force and effect, including the rental rate. The landlord of the private Lease has also agreed to two additional one -month extensions of time at the City's option, if necessary, at the same rent. A search of Loopnet commercial real estate database on June 20, 2011 confirms that this rental rate of $27 /SF for office space in Miami Beach is a market rent for office space on Miami Beach. Once the renovations are complete to the 4 floor space at the 777 Building, the City will proceed to look at options, including private tenants, for the space. ANALYSIS The proposed extension terms for the Lease commencing on September 1, 2011, are as follows; all other terms of the Lease shall remain in full force and effect: TENANT: City of Miami Beach, a Florida municipal corporation. LANDLORD: Meridian Miami, LLC, a Florida limited liability company. DEMISED PREMISES: 5,311 rentable SF located at 1680 Meridian Avenue, Suites 201 and 203. TERM: Eight Months, Commencing September 1, 2011 expiring April 30, 2012 RENT: $27.00 PSF; $11,949.75 monthly. Rent includes Additional Rent (i.e. operating expenses, property taxes and insurance costs) and electric. SECURITY DEPOSIT: None required. USES: The Demised Premises shall be used by the Tenant as an office location for the City of Miami Beach Fire Department. The Demised Premises shall be generally open for Tenant's use Monday- Friday, from 6:00AM to 7:00PM. CONCLUSION The Administration recommends that the Mayor and City Commission adopt the Resolution approving the proposed eight (8) month lease extension between the City and Meridian Miami, LLC, for office space located at 1680 Meridian Avenue to accommodate our Fire Department Administration and Fire Prevention office until such time as City -owned space is available for move -in. JMG \HMF\AP \SH Attachments T: IA GENDAl2011UuIy 131Fire Dept Lease Mem.doc FIRST AMENDMENT TO LEASE AGREEMENT This First Amendment to Lease Agreement is entered as of this day of August 2011, by and between MERIDIAN MIAMI LLC, a Florida limited liability company (the "Landlord " ) and the CITY OF MIAMI BEACH, FLORIDA a Florida municipal corporation (the "Tenant " ). RECITALS WHEREAS, Meridian Miami LLC ( "Landlord ") and Tenant entered into a Lease Agreement dated September 15, 2010 (the "Lease " ) pursuant to which Landlord leased to Tenant approximately 5,311 rentable square feet located at 1680 Meridian Avenue, Suites 201 and 203, Miami Beach, FL 33139 (the "Premises " ); and WHEREAS, the term of the Lease expires on August 31, 2011; and Y WHEREAS, on July 13, 2011, the Mayor and City Commission passed Resolution No. 2011 - 27696, approving an eight (8) month extension of the Lease, commencing on September 1, 2011, and expiring on April 30, 2012; and WHEREAS, and the Landlord and Tenant wish to extend the term pursuant to the terms and conditions set forth herein. NOW THEREFORE, in consideration of the mutual promises contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein as if set forth in full. 2. Extension of Term. The Lease shall be extended for an additional eight (8) month term commencing on September 1, 2011, and expiring on April 30', 2012 (the "Extension Term " ). Upon sixty (60) days prior written notice from the Tenant, the Lease shall continue on a month -to -month basis, after the expiration of the Extension Term, not to exceed two (2) months (the "Month -To -Month Term " ). During the Month -To -Month Term, the Lease may be terminated by either party upon the delivery of thirty (30) days' written notice to the other party. 3. Rent. On the first day of each month during the Extension Term and the Month -To -Month Term, Tenant shall pay to Landlord monthly fixed payments of rent, in the amount of $11,949.75. Landlord and Tenant acknowledge and agree that Tenant shall have no obligation during the Extension Term and the Month -To- Month Term to pay to Landlord any proportionate share of Operating. Expenses pursuant to Section 3.2 of the Lease. 4. Holdover. Section 35.1 is hereby deleted in its entirety. 1 5. Lease Ratified and Reaffirmed.. Except as, modified hereby, the terms of the Lease are ratified and reaffirmed by the parties hereto and remain unchanged and in full force and effect for the Extension Term and the Month -To -Month Term. IN WITNESS WHEREOF, this First Amendment to Lease Agreement is entered into as of the date first appearing above. Witnesses: LANDLORD: MERIDIAN , LL , a Florida limited liability company By: T'n LLC, a Florida limited liability company, its Manager By: rint Nam :,. Name: Title: Print me �3i 0-0 otn TENANT: CITY OF MIAMI BEACH, FLORIDA, a Florida municipal corporatio By: p Robert Parcher, City Clerk Matti He ra ower, Mayor FARHCD \$ALL \EC0N \$ALL\ASSET \1680 Meridian Fire Dept\2011 Tire Dept Lease Amendment.dou ; R &XD Y RNA �t�uar T om Date 2