2013-28153 Reso RESOLUTION NO. 2013-28153
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
FINANCE AND CITYWIDE PROJECTS COMMITTEE AND APPROVING AND
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN
AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE CITY AND
MDGLCC FOUNDATION, INC., DATED MARCH 10, 2010, INVOLVING THE
USE OF APPROXIMATELY 2,543 SQUARE FEET OF OFFICE SPACE
LOCATED AT HISTORIC CITY HALL, 1130 WASHINGTON AVENUE, 1ST
FLOOR NORTH, MIAMI BEACH, FLORIDA; SAID AMENDMENT PROVIDING
FOR A RENT REDUCTION
WHEREAS, on March 10, 2010, the Mayor and City Commission passed Resolution No.
2010-27354, approving a Lease Agreement between the City and MDGLCC Foundation, Inc.
("MDGLCC") for the use of approximately 2,543 square feet of City-owned property, located at
1130 Washington Avenue, 1 st Floor North, Miami Beach, Florida; and
WHEREAS, MDGLCC has expressed a need for a rent reduction in order to offset the cost
of hiring additional staff, increase its hours of operation, and broaden its advertising; and
WHEREAS, MDGLCC currently pays annual rent, in the amount of $20.57 per square foot,
payable in monthly installments of $4,360, consisting of $2,065 for base rent ($9.74/sf), $1,950
for common area maintenance ($9.20/sf), and $345 for insurance ($1.63/sf); and
WHEREAS, MDGLCC requested a rent reduction from $4,360 monthly to $2,500 monthly,
representing a reduction in rent from $20.57 per square foot to $11.80 per square foot; and
WHEREAS, the requested rent reduction was discussed at the January 24, 2013 Finance
and Citywide Projects Committee meeting, and the Committee recommended in favor of
granting MDGLCC's request for a rent reduction from $20.57 per square foot to $11.80 per
square foot.
NOW, THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City
Commission hereby accept the recommendation of the Finance and Citywide Projects
Committee and approve and authorize the Mayor and City Clerk to execute an Amendment to
the Lease Agreement between the City and MDGLCC Foundation, Inc., dated March 10, 2010,
involving the use of approximately 2,543 square feet of office space located at Historic City Hall,
1130 Washington Avenue, 1" Floor North, Miami Beach, Florida; said amendment providing for
a rent reduction.
PASSED and ADOPTED this 43fti day of ^rck 2013.
ATTEST:
Rafae Granado, CITY CL R tti Herrera ower, AYOR
1.INCORP ORATED: APPROVED AS TO
TAAGENDA\2013\March 13\MDGLCC end s 0 cx FORM &LANGUAGE'
f,�'' • '� &f 9 CUTION
_..._ City A ome \P- Date
COMMISSION ITEM SUMMARY
Condensed Title:
Resolution Accepting The Recommendation Of The Finance And Citywide Projects Committee To Execute An
Amendment To The Lease Between The City And MDGLCC Foundation, Inc. Providing For A Rent Reduction
For The Use Of Office Space Located At 1130 Washington Avenue, 1st Floor North
Key Intended Outcome Supported:
Not Applicable
Supporting Data (Surveys, Environmental Scan, etc.):
Not Applicable
Issue:
Shall the City agree to an Amendment to The Lease with MDGLCC Foundation, Inc.
Item Summa /Recommendation:
On March 10, 2010, the Mayor and City Commission passed Resolution No. 2010-27354, approving a Lease
Agreement between the City and MDGLCC Foundation, Inc. ("MDGLCC") for the use of approximately 2,543
square feet of City-owned property, located at 1130 Washington Avenue, 1st Floor North, Miami Beach,
Florida. On October 30, 2012, MDGLCC submitted a letter to the City describing certain problems with the
building due to its age, as well as certain maintenance and repair issues.
MDGLCC has expressed a need for a rent reduction in order to offset the cost of hiring additional staff,
increase its hours of operation, and broaden its advertising. MDGLCC currently pays annual rent in the
amount of $20.56 per square foot, payable in monthly installments of $4,357, consisting of $2,062 for base
rent ($9.73/sf), $1,950 for common area maintenance ($9.20/sf) and $345 for insurance ($1.63/sf). MDGLCC
requested a rent reduction from $4,357 monthly to $2,500 monthly, representing a reduction in rent from
$20.56 per square foot to$11.80 per square foot.
At its January 24, 2013 meeting, the Finance and Citywide Projects Committee recommended in favor of
granting Tenant's request for a rent reduction from $20.56/sf to $11.80/sf. The FCWPC recommendation to
execute an Amendment to the Lease Agreement granting MDGLCC's request for a rent reduction; and further
including certain performance criteria/measurables as established by Tenant and the City is presented for your
consideration.
Advisory Board Recommendation:
Finance & Citywide Projects Committee: Jan uary 24, 2013
Financial Information:
Source of Amount Account
Funds: 1 n/a
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
Anna Parekh, ext. 6471
Sign-Offs:
Department Director Acting Assis tlCity 10a qer,, Interim City n er
AP MA KGB
KGB/MAS/AP/MM
TAAGENDA\2013\March 13\MDGLCC Lease Amendment SUM(3-13-13).docx
MIAMIBEACH AGENDA ITEM C 71
DATE 3-13-1
IM NAIANAIBEACH
City of Miami Beath, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti H. Bower and Members of the City Commission
FROM: Kathie Brooks, Interim City Manager
DATE: March 13, 2013 ?
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
FINANCE AND CITYWIDE PROJECTS COMMITTEE AND APPROVING AND
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN
AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE CITY AND
MDGLCC FOUNDATION, INC., DATED MARCH 10, 2010, INVOLVING THE
USE OF APPROXIMATELY 2,543 SQUARE FEET OF OFFICE SPACE
LOCATED AT HISTORIC CITY HALL, 1130 WASHINGTON AVENUE, 1ST
FLOOR NORTH, MIAMI BEACH, FLORIDA; SAID AMENDMENT PROVIDING
FOR A RENT REDUCTION
ADMINISTRATION RECOMMENDATION
The Finance and Citywide Projects Committee recommendation to execute an Amendment to the
Lease Agreement granting MDGLCC's request for a rent reduction; and further including certain
performance criteria/measurables as established by Tenant and the City is presented for your
consideration.
BACKGROUND
On March 10, 2010, the Mayor and City Commission passed Resolution No. 2010-27354, approving a
Lease Agreement between the City and MDGLCC Foundation, Inc. ("MDGLCC" or "Tenant") for the use
of approximately 2,543 square feet of City-owned property, located at 1130 Washington Avenue, 1St
Floor North, Miami Beach, Florida ("Leased Premises"); said Lease having a term of three (3) years,
commencing on April 1, 2010, and ending on March 31, 2013, with two (2) additional three (3) year
renewal terms.
On October 30, 2012, Steven Adkins, President of MDGLCC, submitted a letter to Commissioner
Michael Gongora, which is attached hereto and labeled "Attachment 1," wherein Mr. Adkins described
certain problems with the building due to its age, as well as certain maintenance and repair issues. Mr.
Adkins requested a rent reduction and a new ten (10) year lease.
On December 6, 2012, the Administration met with Mr. Adkins and Karen Brown, Executive Director of
MDGLCC, to discuss the issues described in Mr. Adkins' letter. During the meeting, MDGLCC advised
the City they had been communicating directly with Duane Knecht, former Director of Property
Management, regarding various maintenance and repair issues related to their office and the building.
It was determined that Property Management had been responding to MDGLCC's maintenance issues
Commission Memorandum
MDGLCC Foundation, Inc. Lease Amendment
March 13, 2013
Page 2 of 3
without consideration for the City's or the Tenant's obligations under the Lease. Few, if any, formal
work orders had been placed. While it was acknowledged that Property Management attempted to
remedy rodent issues, the problem persisted. During the December 6th meeting, Property Management
staff committed to continue to explore solutions to alleviate the circumstances, including concerns
about leaks, which have affected the entire building, and problems with the air conditioning system, and
fire alarm panel. Potential solutions for window treatments to block the heat were also discussed.
MDGLCC was provided additional contact information for Office of Real Estate, Housing & Community
Development staff and both City staff and the Tenant committed to more closely tracking contractual
obligations and work orders so that persistent problems may be addressed jointly and separately by
both parties as necessary.
In the meantime, the Tenant has expressed a need for a rent reduction in order to offset the cost of
hiring additional staff, increase its hours of operation, and broaden its advertising.
The Tenant also requested a new ten (10) year lease. However, in light of the fact that, as mentioned
above, the current Lease term ends on March 31, 2013, and has two additional three (3) year renewal
terms, the Tenant did not pursue the request for a new lease.
ANALYSIS
Rent Reduction:
MDGLCC requested that its rent be reduced to $30,000 annually ($11.80 per square foot) payable in
monthly installments of $2,500. MDGLCC currently pays annual rent in the amount of$52,280 ($20.56
per square foot) payable in monthly installments of$4,357. Said monthly amount consists of $2,062 for
base rent ($9.73 per square foot), $1,950 for common area maintenance ($9.20 per square foot) and
$345 for insurance ($1.63 per square foot).
As a comparison, the other ground floor tenant, Miami Beach Film Society, Inc. (d/b/a/ Miami Beach
Cinematheque), also located on the 1st Floor of Historic City Hall, currently pays $20.56 per square foot,
which includes base rent of $9.73, plus $9.20 per square foot for common area maintenance, plus
$1.63 per square foot for insurance. The operating expenses for both MDGLCC and Cinematheque
are currently $10.83 per square foot.
With the exception of the Miami Dade County Clerk of the Courts, the remaining six tenants in the
building, which are for-profit entities (Strang Adams, P.A.; Paul A. Sack, Esq.; Rubin & Bickman, PLLC;
David L. Wrubel, CPA; GEMCOR, Inc.; and Immunity, Inc.) currently pay a rental rate ranging from
$23.30 to $26.07 per square foot for office space, which includes common area maintenance of $11.08
per square foot plus insurance charges of$1.63 per square foot.
Comparable asking rent for office space on Washington Avenue is currently a weighted average of
$30.58 per square foot.
As requested by the Finance and Citywide Projects Committee (FCWPC) on January 24, 2013, during
the discussion of MDGLCC's request for a rent reduction, staff prepared a list of rental amounts paid by
non-profit organizations renting City facilities. The requested list is attached hereto and labeled
"Attachment 2". Said rental amounts vary greatly based on various factors including the time the
agreement was executed, the non-profit entity, the size of the premises/land, etc.
Lease Term:
MDGLCC's current lease is for a period of three (3) years expiring March 31, 2013, with two (2)
additional three (3) year renewal terms, subject to approval by the City Manager.
Commission Memorandum
MDGLCC Foundation, Inc. Lease Amendment
March 13, 2013
Page 3 of 3
CONCLUSION AND RECOMMENDATION
The Finance and Citywide Projects Committee recommendation to execute an Amendment to the
Lease Agreement granting MDGLCC's request for a rent reduction; and further including certain
performance criteria/measurables as established by Tenant and the City is presented for your
cons'
ation.
KGMM \MM
Attachments
TA4GENDA12013Warch 13VWDGLCC Lease Amendment MEM(3-13-13).docx
�r M Attachment 1 1130 Washington Ave.
Id,
F.� Floor North
Miami Beach,FL 33139
MIAMI-DADE EMAIL:mdglcc @bellsouth.net
GAY$LESBIAN WEB:WWW. aybizmiami.com
CHAMBEROF
COMMERCE OFFICE:305-673-4440
FAX.305-673-8883
A Not-For-Profit Corporation
October 30, 2012
Commissioner Michael Gongora
City of Miami Beach
1700 Convention Center Dr.
Miami Beach, FL 33139
RE: MDGLCC Foundation Lease - Historic City Hall
Dear Commissioner;
On behalf of the MDGLCC Foundation, Inc. which leases space from the City of
Miami Beach in Historic City Hall, I would like to ask for your assistance in
bringing before the -Mayor &Commission a request for lease reduction. As a
refresher, the LGBT Visitor Center on Miami Beach:
• is the safe and welcoming gathering place of the LGBT community in
Miami-Dade.
• serves tourists and community members through a variety of programs
and services.
• offers warm hospitality and a friendly welcoming face to those visiting
our city for the first time.
• provides educational outreach through community partnerships and
community calendar.
Since moving into the space more formally known as Historic City Hall (1130
Washington Ave. - 1St Floor North, Miami Beach, FL 33139), we have found that
being tenants of an older building brings with it many issues. While we think
the location for our business in operating the LGBT Visitor Center is ideal, the
condition of the building is less so. The problems we have encountered (and
continue to face):
Miami-Dade Gay &Lesbian Chamber of Commerce
EMAIL:mdglcc @bellsouth.net
OFFICE:305-673-4440
• The building is infested with rats - since early 2011, we have dealt with a
severe rat problem. The City of Miami Beach property management
group (specifically Duane Knecht and his team) have tried unsuccessfully
to alter the situation. Traps have been placed around the property and,
many rodents have been captured. However, the rodent droppings and
urine cause an extremely unpleasant odor and, are by themselves very
unhealthy (it is everywhere from air ducts to ceiling times to ventilation).
• The building alarm - Though, not as bad as it once was, the alarm will go
off for no reason and, continues to do so.
• Heat in the offices - The dome portions of all east and west facing
windows remain uncovered. Due to restrictions imposed by Design
Preservation, we cannot place anything on the windows that might block
the intense sun (and heat). Florida Power & Light did an energy
assessment of the building a couple of years back and, determined that
placing a film over the windows would make the space more efficient and,
cut down on the direct sunlight. Nothing has transpired and, we have
higher than normal energy costs, as a result.
• Leaks in the ceiling- During heavy rains, we have reported leaks in our
ceiling in many areas. Again, property management has responded but,
there are still areas affected.
Michael, we are committed to staying here and, have invested tens of thousands
of dollars to make this space a premiere LGBT Visitor/Community Center...one
we and the City/County can be proud of. We would like to request that the City
grant MDGLCC Foundation Inc a new 10 year lease at$2500/month,
commencing as soon as can be approved. The roughly $1,850 in monthly savings
would be used as follows:
• Services - As a result of our location, we see a lot of traffic from the
general public...not just the LGBT market. We have become a resource
center for all travelers, homeless persons, unemployed, people looking for
the New City Hall, etc. We just don't have the staff to properly address
the needs of some of these people. Having an additional person(s) will
allow us to solicit the proper training to handle these situations more
adeptly.
o Add an additional staff person. We are currently open Monday -
Friday from 9 am to 6 pm. Our goal is to be open 7 days a week
and, longer hours into the evenings.
page 2
Miami-Dade Gay&Lesbian Chamber of Commerce
EMAIL:rr:dglcc @bellsorith.net
OFFICE:305-673-4440
® Advertising - The Foundation has a limited ad budget and, has secured
assistance through grants to fund advertising placements in Passport,
Wire and Hotspots Magazine. We believe that the additional cash flow
support will allow us to look at more online opportunities and, broaden
our market reach leading to more LGBT visitor traffic to Miami Beach.
We appreciate your assistance in this matter and, look forward to discussing any
questions you might have. Please feel free to call me at your earliest
convenience.
Kind regards,
Steven Adkins, President
MDGLC Foundation, Inc.
page 3
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AMENDMENT NO. 1 TO LEASE AGREEMENT
This Amendment No. 1 to Lease Agreement is entered into this
day of , 2013 by and between the CITY OF MIAMI BEACH, a
Florida municipal corporation, (hereinafter referred to as "City" or "Landlord"); and
MDGLCC FOUNDATION, INC., a Florida not-for-profit corporation (hereinafter referred
to as "Tenant").
WITNESSETH:
WHEREAS, on March 10, 2010, the Mayor and City Commission adopted
Resolution No. 2010-27354, approving a Lease Agreement between the City and
MDGLCC Foundation, Inc., for use of approximately 2,543 square feet of City-owned
property at 1130 Washington Avenue, 1St Floor North, Miami Beach, Florida, for an
initial term of three years, with two additional three year renewal terms, at the City's sole
discretion; and
WHEREAS, on March 13, 2013, the Mayor and City Commission adopted
Resolution No. 2013- accepting the recommendation of the Finance and
Citywide Projects Committee and approving and authorizing the Mayor and City Clerk to
execute an Amendment to the Lease Agreement between the City and MDGLCC
Foundation, Inc., dated March 10, 2010, involving the use of approximately 2,543
square feet of office space located at Historic City Hall, 1130 Washington Avenue, 1st
Floor North, Miami Beach, Florida; said amendment providing for a rent reduction; and
NOW THEREFORE, the City and Tenant, for and in consideration of the mutual
covenants, agreements and undertakings herein contained, do by these presents
mutually covenant and agree to amend the Lease Agreement, as follows:
1. Subsection 3.1, entitled "Base Rent", on Page 2 of the Lease Agreement, shall
be shall be amended (deleted items strwGk thFGugh and inserted items
underlined) as follows:
Base Rent for the Demised Premises shall begin to accrue on August 1,
2006 April 1, 2013 (the Commencement Date).
3.1.1 Throughout the Term herein, the Base Rent for the Demised
Premises shall be ^weepy T Fee Thy Three H-ndred
NiReteen DellaFs and 311100 0 yeaF, payable On
mnm n�y inc im S of One Thnsand Kline H Rd',
Three Della Fs and 28i100 ($1,943.29) Thirty Thousand Dollars
and 00/100 ($30,000.00) per year, payable in monthly
installments of Two Thousand Five Hundred Dollars and 00/100
($2,500.00).
1
2. Section 7, entitled "Use and Possession of Demised Premises", on Page 4 of the
Lease Agreement, shall be amended (deleted items StFUGk through and inserted
items underlined) as follows:
7. Use and Possession of Demised Premises.
7.1 The Demised Premises shall be used by the Tenant as office, retail and
visitor center space for the Miami-Dade Gay & Lesbian Chamber of
Commerce for purposes of promoting a unified and thriving, gay and gay-
friendly, business and professional community throughout Miami-Dade
County. Tenant shall be required to offer Public Services as contained in
"Exhibit A" attached hereto. Said Premises shall be open for operation a
minimum of five (5) days a week, with minimum hours of operation being
as follows:
Monday - Friday: 10:00 AM 9:00 AM to 6:00 PM
Tenant shall not otherwise modify the days or hours of operation without
the prior written approval of the City Manager. Nothing herein contained
shall be construed to authorize hours contrary to the laws governing such
operations. In addition to the foregoing days and hours of operation,
Tenant shall provide aAdditional sStaffing and h#ours/drays of
oOperation, hereby known as Measurables, and further describeds
Eeeta+eed in "Exhibit B" attached hereto.
3. Except as otherwise specifically amended herein, all other terms and conditions
of the Lease Agreement by and 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, the provisions of this Amendment No.
1 to Lease Agreement shall govern.
[The remainder of this page has been left intentionally blank]
2
IN WITNESS WHEREOF, this Amendment has been duly executed by the
parties hereto as of the day and year first written above.
Attest: CITY OF MIAMI BEACH, FLORIDA
Rafael Granado, City Clerk Matti Herrera Bower, Mayor
Attest: MDGLCC FOUNDATION, INC.
Secretary Steve Adkins, President
(Print Name)
CORPORATE SEAL
(affix here)
F:\RHCD\$ALL\ECON\$ALL\ASSET\Historic City Hall\MDGLCC\MDGLCC First Amendment.doc
3
EXHIBIT A
Public Services
Public Services Offered at the Demised Premises
• Personalized Visitor Services
• Hotel Booking
• Restaurant Referral
• Travel advice
• Tour information & bookings
• Mapping and location services
• LGBT information
• City of Miami Beach Activity Calendar
• City of Miami Beach Services Referral Office
o Homeless
• Discrimination
• Business Licenses
• Parking & Marriage Licenses
• Hi-Speed Internet HotSpot
• Computer Center with 2 computers
• Online Travel and Community Info provider via www.GoGayMiami.com
• Meeting Place (Volunteer and general meeting location) for the following:
• SMART Recovery Center (Tuesday evenings)
• AIDS Testing Center(SoBeAids Project)
• Winter Party
• White Party
• Aqua Girl
• Miami Beach Gay Pride
o Sizzle Miami
• Miami Beach Bruthaz
• GLISA (WorldOutGames 2017)
• Pink Flamingo Hospitality Program
o MDLGCC
• MGLFF
• GMCVB FAM Trip Location
• MCIV Dignitary Training Location
o MIFF
• Florida Grand Opera
• Arsht Center
• Pridelines Youth Services
o Switchboard Miami
o MDGLCC Financial Education
4
® Local Artist Exhibits
o Art United
• LGBT Art Festival
• Classical South Florida
• Publication Distribution Site
• Wire Magazine
• Hotspots Magazine
• South Florida Gay News
• Genre Latino
• SHE Magazine
• Miami Magazine
• Aventura Magazine
• CLARITY Business Magazine
• Miami Today
• Miami Herald
• Passport Magazine
• Welcome/Bievenidos Magazines
• Television Viewing Center (2 televisions offering cable and local viewing)
5
EXHIBIT B
Measurables
• Add Part-time staff person to work 20 hours per week — Effective July 2013
® Open on Saturdays from 11:00 AM to 4:OOPM — Effective July 2013
o Open on Sundays from 11:00 AM to 4:00 PM — Effective October 2013
• Extend weekday hours until 7:00 PMT — Effective January 2014
6
Qor3- 2153
AMENDMENT NO. 1 TO LEASE AGREEMENT
This Amendment No. 1 to Lease Agreement is entered into this 21st day of
March. 2013 by and between the CITY OF MIAMI BEACH, a Florida municipal
corporation, (hereinafter referred to as "City" or "Landlord"); and MDGLCC
FOUNDATION, INC., a Florida not-for-profit corporation (hereinafter referred to as
"Tenant").
WITNESSETH:
WHEREAS, on March 10, 2010, the Mayor and City Commission adopted
Resolution No. 2010-27354, approving a Lease Agreement between the City and
MDGLCC Foundation, Inc., for use of approximately 2,543 square feet of City-owned
property at 1130 Washington Avenue, 1St Floor North, Miami Beach, Florida, for an
initial term of three years, with two additional three year renewal terms, at the City's sole
discretion; and
WHEREAS, on March 13, 2013, the Mayor and City Commission adopted
Resolution No. 2013-28153 accepting the recommendation of the Finance and Citywide
Projects Committee and approving and authorizing the Mayor and City Clerk to execute
an Amendment to the Lease Agreement between the City and MDGLCC Foundation,
Inc., dated March 10, 2010, involving the use of approximately 2,543 square feet of
office space located at Historic City Hall, 1130 Washington Avenue, 1St Floor North,
Miami Beach, Florida; said amendment providing for a rent reduction; and
NOW THEREFORE, the City and Tenant, for and in consideration of the mutual
covenants, agreements and undertakings herein contained, do by these presents
mutually covenant and agree to amend the Lease Agreement, as follows:
1. Section 2, entitled "Term", located on Pages 1 and 2 of the Lease Agreement,
shall be amended (deleted items StFUGk threes and inserted items underlined)
as follows:
2. Term.
2.1 Tenant shall be entitled to have and to hold the Demised Premises for an
initial term of three (3) years, commencing on the 1St day of April, 2040
2013 (the "Commencement Date"), and ending on the 31St day of March,
2013 2016. For purposes of this Lease Agreement, and including, without
limitation, Subsections 2.2 and 2.3 herein, a "contract year" shall be
defined as that certain period commencing on the 1St day of April, and
ending on the 31St day of March.
2.2 Provided Tenant is in good standing and free from default(s) under
Section 18 hereof, and upon written notice from Tenant, which notice shall
be submitted to the City Manager no earlier than one hundred twenty
1
r ,
(120) days, but in any case no later than sixty (60) days prior to the
expiration of the initial term, this Lease may be extended for *w one
M additional three (3) year renewal teFFnS term. Any extension, if
approved, shall be memorialized in writing and signed by the parties
hereto (with the City hereby designating the City Manager as the individual
authorized to execute such extensions on its behalf).
In the event that the City Manager determines, in his sole discretion, not to
extend or renew this Lease Agreement (upon expiration of the initial term
or any renewal term), the City Manager shall notify Tenant of same in
writing, which notice shall be provided to Tenant within fifteen (15)
business days of the City Manager's receipt of Tenant's written notice.
2. Section 3, entitled "Rent", located on Pages 2-4 of the Lease Agreement, shall be
amended (deleted items nt uGk thro and inserted items underlined) as
follows:
3. Rent.
Tenant's payment of Rent, as defined in this Section 3, shall commence
on April 1, 2013 (the "Rent Commencement Date") and,
thereafter, on each first day of subsequent months.
3.1 Base Rent:
3.1.1 Throughout the Term herein, the Base Rent for the Demised
Premises shall be
T I neteen Pellnrs and 31 MOO ($23,319.31) peF ye.ter' payable in
monthly _One Thousand Aline Hundred FeFt
Twee-Delllafs and 281100 ($1,943.28) Thirty Thousand Dollars
and 00/100 ($30,000.00) per year, payable in monthly
installments of Two Thousand Five Hundred Dollars and 00/100
($2,500.00).
3.1.2 The Base Rent amount n,ors,pant to this CeGtion 3.1 shall
inor ed annually, the ni of the Gemmennement
„-� , ep�„�anr�+vefsa�,--o,--�-«w,,,,,,�,��,��„�
Date of the Lease, in innrement�+ of three (3%) nernent her veer
3.2 Additional Rent:
In addition to the Base Rent, as set forth in Section 3.1, Tenant shall also
pay the following Additional Rent as provided below:
3.2.1 nneFatinn Expenses:
ThF�ugho��t�T einy��e? Operating, TI' per,6es fear the
Dlei ``TI'I`T''J"".•7ed PFen rises. shall he Twenty Three Thousand aand Three
HundFed Ninety Five DellaFs and 601100 ($23,395.60) peF yeaF,
payable in monthl�i ip�stollTmrt��of lime Thousand Aline I..1unrlred
2
r ,
prnpertienate sh.�r°� ° p atinn Expenses" whinh °r° defined
as felt:
f Op erat+ag- €xpefses" shall Fnean the fo,llowing Gestc and
expenses inG++rred in operating renairipg and maintaining the
+
Gemmen Ra^'llitie6- (as heFefFlaiteFd-efin d\ and ohall inGl+�de
r
without„. ,, tea, el s+e�Ge for the R++ilding'c� nnmmnn
faaf�es wateF seFVi .e to the Building, seweWiGe cc +-co the
Building, try r nasal from the Building GOMS inG++rred fnr
gary”Fdening and laandSGaping FepaiFing d maintaining
eleyatOF(s)r painting, janitorial seniinee (evnept fnr areas_with_n
the I) *sed PF ise6), lightrngGleaning, striping' peliGin
r Femoving gee and
snOW t rl r°n�irinn .�n maintaining spFinkleF systems, wateF pipes,
u r conditioning systems, t eRnp er at are Gen tf9 -Syst eM6, and
em+inment in the common areas and the evterinr and str++nt++rol
o
s
portions f the Building paying and
pi r + patrhing and
maintaining the parking areas and walkways and Gleaning
+
a
adi and the Gigs+s employ
C��EeRt-afea��management fees ment
expenses to employees fr+rniching and rendering any sewines
GhaaFge equal to fifteen nernent (16%) of all ether expenses
Gity fer the GOFnmon or joint use and/OF benefit of the OGGUpant-s
of the Building theK employees,agents, G staFneFs
and other inymtees "���t''�
"Gemmen{ FanilitieG"shall Fn an all Building areas spanes,
e . nt, as well as GeFtann sepiGees, available for Use by or
for the benefit of Tenant and—le-r- its employees agents seniants
+ + +
volunteem, + guests andleF invite
TiMMA Rt-a knnyfle dges and agrees that the rGest o�ppeFat,�m�gg
Expenses magi inns Bas°�dde6Tease and, asSi�Gh, T-enant's
PFO Fata cshag�e of. OpeFating Expenses shall be adjusted
a i, Git y and Tenant aagFee that the event OOf�n
0nGFease,t�66FFesp nding amount of the inGF asG�se-in T nnaaRtc?
Operating Expenses shall not be than fifteen (15%)
vperarn�-�(peflvca�r, fF}Af{i �rraaT�-�rrtceR-Trv�vJ
3.2.2 Property Taxes:
The Property Tax Payment shall be payable by Tenant, in
accordance with Section 11 herein. The Property Tax Payment
for Property Tax Year 243 2012 is estimated at Zero Dollars
($0.00). Notwithstanding the preceding sentence, the City
makes no warranty or representation, whether express or
implied, that the Historic City Hall building, the Land, and/or the
3
r ,
Demised Premises will not be subject to ad valorem (or other)
taxes in subsequent years.
3.2.3 In°. el
The Additional Dent shall also ind de Tenant's-PTV-rata-shaFe
of B �ildinn payable installments Three
yr—thl�u , payable in
H undFed FeFty Fide DellaFs and 42/100—(g 345.4 This
0nB FanGe oy +pF, ge as in addition to t�s ce FeqUiFed
i whiGh shall be obtained at Tenant's sole
expense and respensihility.
3. Section 7, entitled "Use and Possession of Demised Premises", located on
Pages 4 and 5 of the Lease Agreement, shall be amended (deleted items stFUsl�
thmugh and inserted items underlined) as follows:
7. Use and Possession of Demised Premises.
7.1 The Demised Premises shall be used by the Tenant as office, retail and
visitor center space for the Miami-Dade Gay & Lesbian Chamber of
Commerce for purposes of promoting a unified and thriving, gay and gay-
friendly, business and professional community throughout Miami-Dade
County. Tenant shall be required to offer Public Services as contained in
"Exhibit A" attached hereto. Said Premises shall be open for operation a
minimum of five (5) days a week, with minimum hours of operation being
as follows:
Monday - Friday: 10:-0A-AM 9:00 AM to 6:00 PM
Tenant shall not otherwise modify the days or hours of operation without
the prior written approval of the City Manager. Nothing herein contained
shall be construed to authorize hours contrary to the laws governing such
operations. In addition to the foregoing days and hours of operation,
Tenant shall provide additional staffing and hours/days of operation,
hereby known as Measurables, and further described in "Exhibit B"
attached hereto.
4. Except as otherwise specifically amended herein, all other terms and conditions
of the Lease Agreement by and 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, the provisions of this Amendment No.
1 to Lease Agreement shall govern.
[The remainder of this page has been left intentionally blank]
4
IN WITNESS WHEREOF, this Amendment has been duly executed by the
parties hereto as of the day and year first written above.
Attest: CITY OF MIAMI BEACH, FLORIDA
Rafael Granado, City Clerk Matti H rrera Bower, Mayor
Attest: MDGLCC FOUNDATION, INC.
Secretary Steve Adkins e
(Print Name)
CORPORATE SEAL
(affix here)
F:\RHCD\$ALL\ECON\$ALL\ASSE-RHistoric City Hall\MDGLCCWIDGLCC First Amendment(3-27-13).doc
APPROVED AS TO
FORM & LANGUAGE
& FOR EX CUTION
Cit.Attorne Dat
5
r
EXHIBIT A
Public Services
Public Services Offered at the Demised Premises
• Personalized Visitor Services
• Hotel Booking
• Restaurant Referral
• Travel advice
• Tour information & bookings
• Mapping and location services
• LGBT information
• City of Miami Beach Activity Calendar
• City of Miami Beach Services Referral Office
• Homeless
• Discrimination
• Business Licenses
• Parking & Marriage Licenses
• Hi-Speed Internet HotSpot
• Computer Center with 2 computers
• Online Travel and Community Info provider via www.GoGayMiami.com
• Meeting Place (Volunteer and general meeting location) for the following:
• SMART Recovery Center (Tuesday evenings)
• AIDS Testing Center (SoBeAids Project)
• Winter Party
• White Party
• Aqua Girl
• Miami Beach Gay Pride
• Sizzle Miami
• Miami Beach Bruthaz
• GLISA (WorldOutGames 2017)
• Pink Flamingo Hospitality Program
• MDLGCC
• MGLFF
• GMCVB FAM Trip Location
• MCIV Dignitary Training Location
• MIFF
• Florida Grand Opera
• Arsht Center
• Pridelines Youth Services
• Switchboard Miami
• MDGLCC Financial Education
6
• Local Artist Exhibits
o Art United
o LGBT Art Festival
o Classical South Florida
o Publication Distribution Site
• Wire Magazine
• Hotspots Magazine
• South Florida Gay News
• Genre Latino
• SHE Magazine
• Miami Magazine
• Aventura Magazine
• CLARITY Business Magazine
• Miami Today
• Miami Herald
• Passport Magazine
• Welcome/Bievenidos Magazines
® Television Viewing Center (2 televisions offering cable and local viewing)
EXHIBIT B
Measurables
• Add Part-time staff person to work 20 hours per week— Effective July 2013
• Open on Saturdays from 11:00 AM to 4:OOPM — Effective July 2013
• Open on Sundays from 11:00 AM to 4:00 PM — Effective October 2013
• Extend weekday hours until 7:00 PM — Effective January 2014
s