2014-28730 Reso� v
RESOLUTION NO. 2014-28730
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE THE FIRST AMENDMENT TO ATM LEASE
BETWEEN THE CITY AND SUNTRUST BANK (TENANT), DATED JUNE 309
2009, FOR THE PREMISES LOCATED AT 1700 CONVENTION CENTER DRIVE,
MIAMI BEACH, FLORIDA (CITY HALL); SAID AMENDMENT ACKNOWLEDGING
TENANT'S EXERCISE OF ITS SOLE RENEWAL OPTION, FOR A PERIOD OF
FOUR (4) YEARS AND THREE HUNDRED SIXTY FOUR (364) DAYS,
RETROACTIVELY, COMMENCING AUGUST 1, 2014 AND ENDING JULY 30,
2019; AND FURTHER RETROACTIVELY APPROVING THE RELOCATION OF
THE ATM MACHINE FROM CITY HALL TO 1755 MERIDIAN AVENUE, FIRST
FLOOR, MIAMI BEACH, FLORIDA.
WHEREAS, on September 5, 2007, the Mayor and City Commission passed Resolution 2007-
26614, accepting the City Manager's recommendation pertaining to the ranking of proposals
pursuant to RFP 37-06/07 for banking services, and authorizing the administration to enter into
negotiations with top-ranked proposer SunTrust Bank, and
WHEREAS, the RFP required the winning bidder to install an ATM machine, in City Hall, at no
charge to the City, and
WHEREAS, on May 13, 2009, the Mayor and City Commission passed Resolution No. 2009-
27074, approving an ATM Lease Agreement (Lease) between the City and SunTrust Bank, for use
of approximately sixteen (16) square feet of City-owned property, located at 1700 Convention
Center Drive, Miami Beach, Florida for an initial term of five years, with an additional renewal term
of four years and three hundred sixty four(364) days; and
WHEREAS, Tenant has provided the City with the requisite notice of its intention to exercise its
sole renewal option, pursuant to Section 3(b) of the Lease, for the renewal term commencing
August 1, 2014 and ending July 30, 2019, and
WHEREAS, in December 2012, the City and Tenant mutually agreed to relocate the ATM
machine to 1755 Meridian Avenue, First Floor, in order to better accommodate the needs of
employees and residents at the Customer Service Center; and
WHEREAS, the Administration is recommending that the Mayor and City Clerk execute the
First Amendment to ATM Lease, providing for the retroactive approval of the Lease renewal and
relocation of the ATM machine, in order to continue to provide the public with ATM services at a
more convenient location.
[INTENTIONALLY LEFT BLANK]
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 authorize the Mayor and City Clerk to execute the First Amendment to ATM Lease between
the City and SunTrust Bank (Tenant), dated June 30, 2009, for the premises located at 1700
Convention Center Drive, Miami Beach, Florida (City Hall), as attached hereto and incorporated
herein as "Attachment 1"; said amendment acknowledging Tenant's exercise of its sole renewal
option, for a period of four (4) years and three hundred sixty four (364) days, retroactively,
commencing August 1, 2014 and ending July 30, 2019; and further retroactively approving the
relocation of the ATM machine from City Hall to 1755 Meridian Avenue, First Floor, Miami Beach,
Florida.
PASSED and ADOPTED this /y day of 26 �lw oe 2014.
ATTEST:
Rafael Granado, CITY CLERK Philip�'ev' AYOR
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T:\AGENDA\2014\ eft0fN go cus.t TW ,c (9-10-14).docx
APPROVED AS TO
FORM & LANGUAGE
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City Attorney p•a.te I
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COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution authorizing the Mayor and City Clerk to execute the First Amendment to ATM Lease between the
City and SunTrust Bank, dated June 30, 2009, for the premises located at 1700 Convention Center Drive,
Miami Beach, Florida; said amendment approving Tenant's sole renewal option for a period of four (4) years
and three hundred sixty four (364) days, retroactively, commencing August 1, 2014 and ending July 30, 2019;
and further approving the relocation of the ATM to 1755 Meridian Avenue, First Floor, Miami Beach, Florida.
Key Intended Outcome Supported:
N/A
Supporting Data (Surveys, Environmental Scan, etc.):
N/A
Item Summa /Recommendation:
On September 5, 2007, the Mayor and City Commission passed Resolution 2007-26614, accepting the City
Manager's recommendation pertaining to the ranking of proposals pursuant to RFP 37-06/07 for banking
services, and authorizing the administration to enter into negotiations with top-ranked proposer, SunTrust
Bank. The RFP required the winning bidder to install an ATM machine, in City Hall, at no charge to the City.
On May 13, 2009, the Mayor and City Commission passed Resolution No. 2009-27074, approving an ATM
Lease Agreement between the City and SunTrust Bank, for use of approximately sixteen (16) square feet of
City-owned property, located at 1700 Convention Center Drive (City Hall), Miami Beach, Florida for an initial
term of five years, with an additional renewal term of four(4) years and three hundred sixty four(364) days.
In December 2012, the City and Tenant mutually agreed to relocate the ATM machine to 1755 Meridian
Avenue, First Floor, in order to better accommodate the needs of employees and residents at the Customer
Service Center. Said relocation shall be acknowledged as part of the renewal amendment.
The ATM Lease contains one (1) renewal option, for a period of four (4) years and three hundred sixty four
(364) days, retroactively commencing August 1, 2014 and ending July 30, 2019.
Since Tenant is required to provide the ATM machine at no cost to the City, and since the ATM machine is a
benefit to the employees and residents of the City, the Administration recommends the approval of the First
Amendment to ATM Lease between the City and SunTrust Bank.
Advisory Board Recommendation:
N/A
Financial Information:
Source of Amount Account
Funds: 1 N/A
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
Max Sklar, ext. 6116
Sign-Offs:
DepartmonfiDirektote j Assistant Cit na er I City IV114bager
MAS KGB JL
J LM/KGB/MAS//M M M
T:IAGENDA\20141September\Suntrust ATM SUM(9-10-14).docx
AGENDA ITEM (7
MIAMIBEACH - Q"ATIE D
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members the City Co mission
FROM: Jimmy Morales, City Manager
DATE: September 10, 2014
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE THE FIRST
AMENDMENT TO ATM LEASE BETWEEN THE CITY AND SUNTRUST
BANK (TENANT), DATED JUNE 309 20099 FOR THE PREMISES
LOCATED AT 1700 CONVENTION CENTER DRIVE, MIAMI BEACH,
FLORIDA (CITY HALL); SAID AMENDMENT ACKNOWLEDGING
TENANT'S EXERCISE OF ITS SOLE RENEWAL OPTION, FOR A
PERIOD OF FOUR (4) YEARS AND THREE HUNDRED SIXTY FOUR
(364) DAYS, RETROACTIVELY, COMMENCING AUGUST 1, 2014 AND
ENDING JULY 309 2019; AND FURTHER RETROACTIVELY
APPROVING THE RELOCATION OF THE ATM MACHINE FROM CITY
HALL TO 1755 MERIDIAN AVENUE, FIRST FLOOR, MIAMI BEACH,
FLORIDA.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
BACKGROUND
On September 5, 2007, the Mayor and City Commission passed Resolution 2007-26614,
accepting the City Manager's recommendation pertaining to the ranking of proposals pursuant
to RFP 37-06/07 for banking services, and authorizing the administration to enter into
negotiations with top-ranked proposer, SunTrust Bank. The RFP required the winning bidder to
install an ATM machine, in City Hall, at no charge to the City.
On May 13, 2009, the Mayor and City Commission passed Resolution No. 2009-27074,
approving an ATM Lease Agreement between the City and SunTrust Bank, for use of
approximately sixteen (16) square feet of City-owned property, located at 1700 Convention
Center Drive (a/k/a City Hall), Miami Beach, Florida for an initial term of five years, with an
additional renewal term of four (4) years and three hundred sixty four (364) days, at the City's
sole discretion.
ANALYSIS
In December 2012, the City and Tenant-mutually agreed to relocate the ATM machine to 1755
Meridian Avenue, First Floor, in order to better accommodate the needs of employees and
residents at the Customer Service Center. Said relocation shall be acknowledged as part of the
First Amendment to ATM Lease, attached hereto and marked "Attachment 1".
Commission Memorandum
Sun Trust ATM Amendment
September 10, 2014
Page 2 of 2
The ATM Lease contains one (1) renewal option, for a period of four (4) years and three
hundred sixty four (364) days, retroactively commencing August 1, 2014 and ending July 30,
'2019.
As provided by Tenant, below is the ATM machine transaction volume for the twelve (12)
months ending July 31, 2014.
Foreign SunTrust Total
Month Transactions Transactions Transactions
Jul-14 28 30 58
Jun-14 42 27 69
May-14 29 19 48
Apr-14 20 9 29
Mar-14 40 17 57
Feb-14 36 17 53
Jan-14 33 22 55
Dec-13 39 18 57
Nov-13 40 22 62
Oct-13 50 23 73
Sep-13 41 24 65
Aug-13 35 20 55
Average Transactions 36 21 57
As compared to a typical SunTrust ATM machine, the figures above represent a low volume of
transactions and Tenant claims to be losing money by providing this machine at no cost to the
City. However, pursuant to RFP 37-06/07 for banking services, SunTrust Bank is required to
provide an ATM machine, in the City, at no charge to the City.
CONCLUSION AND RECOMMENDATION
Since Tenant is required to provide the ATM machine at no cost to the City, the Administration
recommends the approval of the First Amendment to ATM Lease, providing for the retroactive
approval of the Lease renewal and relocation of the ATM machine, in order to continue to
provide the public with ATM services at a more convenient location
J LM/K /MAS/M M M
T:\AGENDA\2014\September\Suntrust ATM MEMO(9-10-14).docx
Attachment 1
FIRST AMENDMENT TO ATM LEASE
THIS FIRST AMENDMEN T TO ATM LEASE (this "Amendment"), dated effective
as of the day of July, 2014 ("Effective Date") between CITY OF NHAMI BEACH, a
Florida municipal corporation ("Landlord"), and SUNTRUST BANK, a Georgia banking i
corporation("Tenant"),recites and provides:
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RECITALS:
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A. By ATM Lease dated as of June 3,2009 (the"Lease"),Landlord leased to Tenant
and Tenant leased from Landlord those certain premises containing approximately sixteen (16)
square feet of space (the "Premises") in the building known as Miami Beach City Hall and 'I
located at 1700 Convention Center Drive, Miami Beach, Florida 33139 (the "Building"), upon
the terms and conditions set forth therein. '
B. On or-about February 28, 2012, the ATM was relocated from the Premises to a
different building.
C. The current term of the Lease is scheduled to expire on July 31,2014.
D. Landlord and Tenant now desire to amend the Lease to reflect the new location of
the ATM and to extend the term of the Lease,all as more particularly described below.
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AMENDMENT:
FOR and in consideration of the mutual covenants and agreements contained herein and
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the receipt and sufficiency of which are hereby
other good and valuable consideration, ;
acknowledged,Landlord and Tenant hereby agree as follows:
1. Definitions; Recitals. Unless specifically defined herein, all capitalized terms
used in this Amendment shall have the meanings set forth in the Lease. The recitals to this
Amendment are hereby incorporated into and made a part of this Amendment.
2. Amendments to Lease. Landlord and Tenant hereby amend the Lease as follows
effective as of the Effective Date,unless otherwise provided herein:
a. Relocation of Premises: Section 1(a) of the Lease shall be amended to
provide that the Premises under the Lease have been relocated to that certain space, having
approximately sixteen(16)square feet of space,where the ATM is currently situated on the first
(1 st)floor, in the location more particularly shown on Exhibit A attached hereto and incorporated '
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herein by reference (the ``Relocation Space") of that certain building located at 1755 Meridian
Avenue, Miami Beach, Florida 33139 (".Relocated Building') for the installation, operation,
maintenance,replacement and removal of one (1) automated teller machine,or any other similar
machine or terminal ("ATM"). The parties hereto acknowledge and agree that Tenant has
previously sin-rendered possession of the original Premises to Landlord in the condition required
by the Lease and Tenant shall have no further right,title or interest in or to the original Premises.
All references to the Premises in the Lease and this Amendment shall be deemed to be references
to the Relocation Space; and all references to the Building in the Lease and this Amendment
shall be deemed to be references to the Relocated Building. Landlord hereby approves Tenant's
current improvements to the Relocation Space.
b. Tenant hereby exercises its option under Section 1(f) of the Lease to
extend the term of the Lease for the Renewal Term which shall commence on August 1, 2014
and expire on July 30, 2019 on the same terms and provisions as set forth in the Lease. Landlord
hereby acknowledges and accepts Tenant's exercise of its option to extend the terns of the Lease
for the Renewal Term.
C. Exhibit A attached to the original Lease is hereby deleted in its entirety
and replaced with Exhibit A attached to this Amendment.
d. Tenant's Address: Effective as of the date of full execution of this
Amendment, Section 1(h) of the Lease is hereby amended and restated in its entirety to read as
follows:
"Tenant's address: SunTrust Bank
200 South Orange Avenue
Mail Code: 2032; SOAB-3
Orlando,Florida 32801
Attn: Corporate Real Estate
Phone: (407)237-5208
Fax: (407)237-1718
3. Ratification. Except as expressly amended hereby, the Lease is hereby ratified
and confirmed and remains in full force and effect. In the event of any inconsistency between the
terms of the Lease and this Amendment,the terms of this Amendment shall in all cases govern.
4. Brokerage Commission. Each party represents and wan-ants that it has not
engaged the services of or dealt with any broker, salesperson or other entity who may claim a
commission or other payment in conjunction with this Amendment. Each party agrees to
indemnify, defend and hold the other harmless from and against all loss, claims, costs and
expenses(including attorneys'fees)caused by a breach of the foregoing representation.
5. Authorization. Each party represents and wan-ants to the other that this
Amendment has been duly authorized, executed and delivered by all necessary action on its
behalf, constitutes the valid and binding agreement of such party and is enforceable in
accordance with its terms. Landlord represents and warrants to Tenant that (i) there are no
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mortgages or deeds of trust encumbering the Premises which require the beneficiary of such
mortgage or deed of trust to consent to this Amendment, and (ii) Landlord is the sole owner of
fee simple title to the Premises and the landlord under the Lease and there is no other person or
entity who has an ownership interest in the Premises or the Lease or whose consent is required to
this Amendment.
6. Successors and Assigns. This Amendment shall inure to the benefit of, and be
binding upon, the parties hereto and their respective heirs, personal representatives, successors
and assigns.
7. Entire Agreement. This Amendment, together with the Lease, constitutes the
entire agreement between the parties hereto with respect to the subject matter hereof and
supersedes all prior discussions,understandings,agreements and negotiations between the parties
hereto. This Amendment and the Lease may be modified only by a written instrument duly
executed by the parties hereto.
8. Governing_Law. This Amendment shall be construed and enforced in accordance
with the laws of the jurisdiction in which the Premises are located,without regard to principles of
conflicts of laws.
9. Counterparts. This Amendment may be executed in two or more counterparts,
each of which shall be deemed an original and which together shall constitute one and the same
instrument.
10. Except as amended herein, all other terms and conditions of the Lease shall
remain unchanged and in full force and effect.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, Landlord and Tenant have executed or caused this
Amendment to be executed on their behalf by their duly authorized representatives as of the date
set forth above. 1
WITNESSES: LANDLORD:
CITY CLERK: CITY OF MIAMI BEACH, a
Florida municipal corporation
t
By: r
Rafael E. Granado
Name: Philip Levine
Name: '
Name: Title: Mayor
Date:
WITNESSES: TENANT:
SUNTRUST BANK,a Georgia banking
corporation
By: -�I rl
j Name: z Thomas Crociata
First Vice President
Name: /lie'
ame: 'sue-- z Date:
APPROVED AS TO
FORM&LANGUAGE
&FOR CUTION
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City Attorney
FLO 1745/First Amendment to ATA4 Lease(5).doc
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Replacement Exhibit A
(the"Premises")
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