2014-28810 Reso RESOLUTION NO. 201428810
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; APPROVING AND
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT
NO. 1 TO THE LEASE BETWEEN THE CITY AND JEWISH COMMUNITY
SERVICES OF SOUTH FLORIDA, INC. ("TENANT"), DATED SEPTEMBER 9,
2009, FOR THE DEMISED PREMISES LOCATED ON THE FIRST FLOOR AT 833
6TH STREET, MIAMI BEACH, FLORIDA; SAID AMENDMENT RENEWING THE
LEASE FOR THE SENIOR RIDE PROGRAM FOR THE SOLE REMAINING
RENEWAL TERM OF FIVE (5) YEARS, RETROACTIVELY COMMENCING
OCTOBER 1, 2014 AND ENDING SEPTEMBER 30, 2019; ADDING
PERFORMANCE BENCHMARKS TO THE TENANT'S REQUIREMENTS UNDER
THE LEASE; AND INCREASING THE ADDITIONAL RENT FROM $7.68 PER
SQUARE FOOT TO $8.81 PER SQUARE FOOT, $9.94 PER SQUARE FOOT AND
$11.07 PER SQUARE FOOT FOR YEARS 1, 2 AND 3 OF THE RENEWAL
PERIOD, RESPECTIVELY.
WHEREAS, on September 9, 2009, the Mayor and City Commission passed Resolution No.
2009-27186, approving lease agreements between the City and 1) Jewish Community Services of
South Florida, Inc. ("Tenant"); 2) Little Havana Activities and Nutrition Centers of Dade County,
Inc.; 3) Miami-Dade County; and 4) UNIDAD of Miami Beach, Inc.; all agreements being for the use
of South Shore Community Center, located at 833 6t" Street, Miami Beach, Florida ("South Shore
Community Center Leases"); for an initial term of four years and three hundred sixty four days, all
ending on September 30, 2014, with an additional five year renewal term, at the City's sole
discretion; and
WHEREAS, in considering exercising the sole five year renewal period for all the South Shore
Community Center Leases, the Administration noted that the base rents for all of the lease
agreements were below market rental rates and that only a portion of the operating expenses were
being passed through to the tenants, and requested direction from the Finance and Citywide
Projects Committee (FCPC) at its May 20, 2014 meeting; and
WHEREAS, the FCPC considered this matter and recommended: 1) not to increase the Base
Rent of $1.20 annually, and 2) increase the operating expenses ("Additional Rent") to $11.06 per
square foot, in accordance with the total cost of the 2013 operating expenses (with the exception of
the cost of insurance) to the tenants; and
WHEREAS, in accordance with the agreements, the City provided timely notice to all the
tenants, of the City's intention to increase the Additional Rent; however, some tenants expressed
objection to the increase, citing financial constraints; and
WHEREAS, the Administration submitted the South Shore Community Center renewal issues
for reconsideration by the FCPC, at its September 24, 2014 meeting and subsequently at its
October 10, 2014 meeting, and the FCPC recommended: 1) to increase the Additional Rent, to
$11.06 per square foot, incrementally during the initial three (3) years of the renewal term,
increasing the Additional Rent for year one to $8.81 per square foot, year two to $9.94 per square
foot, and year three to $11.07 per square foot; and 2) to incorporate performance benchmarks as a
condition of the lease renewal.
WHEREAS, the City and Tenant entered into a lease, dated September 9, 2009 (the "Lease")
for the premises at the South Shore Community Center, consisting of 445 square feet on the first
floor ("Demised Premises"); and
WHEREAS, the City and Tenant wish to renew the Lease, pursuant to Section 2.2 of the
Lease, for the sole remaining renewal term of five (5) years, retroactively commencing October 1,
2014 and ending September 30, 2019, pursuant to Amendment No. 1 to the Lease, including the
recommendations of the FCPC; and
WHEREAS, the Administration recommends that the City Commission adopt the
recommendations of the FCPC, from its September 24, 2014 and October 10, 2014 meetings, and
approve Amendment No. 1 to the Lease, substantially in the form attached hereto and incorporated
herein as Exhibit 1".
NOW, THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, hereby accept the recommendation of the Finance
and Citywide Projects Committee and approve and authorize the Mayor and City Clerk to execute
Amendment No. 1 to the Lease between the City and the Jewish Community Services of South
Florida, Inc. ("Tenant"), dated September 9, 2009, for,'the Demised Premises located on the first
floor at 833 6t" Street, Miami Beach, Florida; said Amendment renewing the Lease for the sole
remaining renewal term of five (5) years, retroactively commencing October 1, 2014, and ending
September 30, 2019; adding performance benchmarks to the Tenant's requirements under the
Lease; and increasing the additional rent from $7.68 per square foot to $8.81 per square foot,
$9.94 per square foot and $11.07 per square foot for years 1, 2 and 3 of the term period,
respectively.
PASSED and ADOPTED this day of aC r-2014.
ATTEST:
r
Rafael E. Granado, CITY CLERK Phil'-p L �i a MAYOR
TAAGENDA\2014\0ctobe o• 5horu r,661m(ni6tc-ent r\South Shore R as O J S de(10-29-14).docx
:INCORF 0pATEF')
APPROVED AS TO
FORM & LANGUAGE
&FO EXECUTION
City Attorney 1 Dote
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AMENDMENT NO. 1 TO LEASE AGREEMENT
This Amendment No. 1 to Lease Agreement is entered into this day of
2014 by and between the CITY OF MIAMI BEACH, a Florida
municipal corporation, (hereinafter referred to as "City" or "Landlord"), and JEWISH
COMMUNITY SERVICES OF SOUTH' FLORIDA, INC., a Florida not-for-profit
corporation (hereinafter referred to as "Tenant").
WITNESSETH:
WHEREAS, on September 9, 2009, the Mayor and City Commission passed
Resolution No. 2009-27186, approving a Lease Agreement between the City and
Jewish Community Services of South Florida, Inc. for the use of approximately 445
square feet of City-owned property, located on the 1 St floor of the South Shore
Co.mmuniy Center (a/ 2Ja t e 6th Street Community Center or =he "Building"), to ated at
833 S+x�th Street, Miami —each 331 ; said lease haying an initial term of our
(4) years and 36.4 days, commencing on O tober 2, 2009,, and ending on September
30 2014; and
WHEREI�S on ®ctob, 2E9, 2104, the Mayor and City Commission adopted
Resolution No. 2014- accepti g: the recommendation o: the Finance and
cityuvide Projects Committee d approving and a prizing the Mayor and Cit: Clerk to
exe ute the follo—In Amendmentk No. 1 to t e Lease A reement; and
9 g
NOW Ti°I!EREF®:RE, the 'City and Tenant, fo a,nd in consideration of the mutual
covenants, agreements and undertakings herein contained, do by .these presents
mutually covenant and agree to annd the Lease Agreement, as follows:
1. Section 2, entitled "Term", on Pages 1-2 of the Lease Agreement, shall be
amended (deleted items stFUGk t"�ug" and inserted items underlined) as
follows:
2.1 Tenant shall be entitled to have and to hold the Dem;sed PFemases f9F ap
i term of fe it years tAN Rrc anrl three hiInrlrerl civty fnur !'264Ld
X 11 GGMme inn on the � ClAw of QGt9beF, 2009 (ho "Gemmennement
Date"), an la 9 en th�e Dte bey-2014. Tenant shall be
entitled to have and to hold the Demised Premises for a term of five (5)
years, retroactively commencing on the 1St day of October, 2014 (the
"Commencement Date") and ending on the 30th day of September 2019.
For purposes of this Lease Agreement, ,
gubseGt8ens anrd 2.3 hereOF;r a "contract year" shall be defined as that
certain period commencing on the 1St day of October, and ending on the
30th day of September.
22At the_ tion of-th��it, ial t FFn heFein, anal ► Feyirded th-at (i) Tenant 86
gog�staniding and free from rdefaul FSen+ion '18 heTeef,_an
1
Tenant Gentinues te utilize the Demised Premises an aG danGe with the
(1) additiGRal_five (5) year renewal term s WhiGh renewal s bee
memorialized in s�iri y the narties� heeFe a (with (pity
r rcrrrvrrerrr e E te�-�� �°�°°T the
heTeGby autherizing the City Managert teehalf of the Git�
fr Notwithstanding th` preneding, within � to the
expiration of -init�TCe ,
the City M e �e�eE�
reasenahle innrG e � � the Rent, and IQ' " I /ode Tenant with wFitton
Giy ndT _th�Fties are unable to agree then the City Manager
magi f.i er elen renew the Agr ment in Whinh G%.%��
�a r-G�a G� �. �7"eCa7T1GTT�'iiTPVTTCaT'I�iGC�7ts
A`ggFeement will terminate and the Gity shall have ne further liability or
oblegation to Tenant.
2.3 Additionally, in the event th�the Fenewal ontien under the I ette�
AgFe m not this Lease Agreement c+hall
autematiGally teFMinate, and shall be null and void and of no fu.Ft.hef feF
�e�-+'' e�Eef�F&G(��—t�eF� -�
and a#eet. Additionally, ''f� any time rdurinq the term of this Lea
Of ARV leal forne and t+ateyer reasen whatsoever, then this-117
Lease AgFeement shall autematiGally s and shall be null and veid
and of ne fs s er fQFGe and effent.
2. Section 3, entitled "Rent", on Pages 2-3 of the Lease Agreement, shall be
amended (deleted items ►# and inserted items underlined) as
follows:
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 Operating Expenses:
Tenant .hall nazi One Thousand Eight HURCIrred SO)dy Seven
s
share of"Operating Expenses" whiGh�yfined as felle ws-
Throughout the first year of the Term, Tenant shall pay Three
Hundred Twenty Six Dollars and 70/100 ($326.70) per month,
for its proportionate share of "Operating Expenses" which are
defined below. Throughout the second year of the Term,
Tenant shall pay Three Hundred Sixty Eight Dollars and 61/100
($368.61) per month, for its proportionate share of Operating
Expenses. Throughout the third year of the Term, Tenant shall
pay Four Hundred Ten Dollars and 51/100 ($410.51) per month,
for its proportionate share of Operating Expenses. Thereafter,
the Operating Expenses shall be subject to adjustment pursuant
to Subsection 3.2.1.1 below.
2
"Operating Expenses" shall mean the following costs and
expenses incurred in operating, repairing, and maintaining the
Common Facilities (as hereinafter defined) and shall include
electrical service, water service, sewer service, stormwater
costs, maintenance and repairs costs, and janitorial service to
the'Building (including the Demised Premises).
"Common Facilities" shall mean all Building areas, spaces,
equipment, as well as certain services, available for use by or
for the benefit of Tenant and/or its employees, agents, servants,
volunteers, customers, guests and/or invitees.
3.2.1.1 Commencing the fourth year of the Term, irrespective
I.Rr°°,e-Glove of the items listed above, amounts due by Tenant,
associated with Common Facilities Operating Expenses, will be
determined based on Tenant's pro-rata share of the items more
specifically described "Exhibit 3.2.1", whic: is hereby
Ain made a
part of this Lease Agreement. Pr M M s:hae s:hal'1 mean the
percent which the Demised Premises bears to the total square
footage leasable space within th Building, which share is
hereby agreed to b . ° 3.511%. Tenant agrees
and understands th the costs incu r ed for Operating Epenses
may increase or decrease a d, as such Tenant's pro-rata share
of Operating Exp enses shall increase or decrease accongly.
4. Section 7, entitled "Use nd Possession of Demised >Premises", on Page 5 of the
Lease Agreement, shall be amended (deleted items and inserted
items unalerlined) as follows;
MOW
UP
7.4 Tenant shall be required to meet certain performance benchmarks more
specifically described as follows:
Senior Ride Program: 22,000 one-way trips annually (at least 66%
shall be Miami Beach residents).
5. 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 intentionally left blank]
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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 Philip Levine, MAYOR
Attest: JEWISH COMMUNITY SERVICES OF
SOUTH FLORIDA, INC.
Signature Fred Stock, CEO
Print Name
Signature
Print Name
CORPORATE SEAL
(affix seal here)
F:\RHCD\$ALL\ECON\$ALL\ASSET\6STREET.CTR\LEASES\JCS\JCS Senior Ride-First Amendment DRAFT(10-10-14).docx
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EXHIBIT 3.2.1
Operating Expenses
South Shore Community Center
833 6th Street
2013 Fiscal Year Operating Expenses(Total without Insurance)
Per Leasable
Total Square Foot
Cost Cost
Utilities Electricity 49,263 3.89
Water 3,454 0.27
Sewer 2,951 0.23
Stormwater(estimate) 2,500 0.20
Subtotal $ 58,172 $ 4.59
Maintenance Janitorial 33,189 2.62
Elevator 1,428 0.11
Cooling Tower Treatment 1,644 0.13
Fire Services 362 0.03
Pest Control 642 0.05
Repairs& Maintenance 44,691 3.53
Subtotal $ 81,962 $ 6.47
Insurance Property Insurance
Hurricane Exposure
Subtotal $ - $ -
Total Annual Operating Expenses $ 140,135 $ 11.06
Building Square Footage Distribution
1st Floor 2nd Floor Total
Leasable Area 8,850 3,826 12,676
Common Area 41198 990 5,188
Total 13,048 4,816 17,864
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