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2014-28813 Reso RESOLUTION NO. 2014-28812 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 LITTLE HAVANA ACTIVITIES AND NUTRITION CENTERS OF DADE COUNTY, 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 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; 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; AND INCORPORATING THE OUTSIDE PLAYGROUND AS PART OF THE DEMISED PREMISES. 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.; 2) Little Havana Activities and Nutrition Centers of Dade County, Inc. ("Tenant"); 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 6th 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; and 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 2,919 square feet on the first floor; 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 further amending the Lease so that the outside playground shall be incorporated as part of the Demised Premises; 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 Little Havana Activities & Nutrition Centers of Dade County, Inc. ("Tenant"), dated September 9, 2009, for the Demised Premises located on the first floor at 833 6" 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; 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 Term, respectively; and incorporating the outside playground as part of the Demised Premises. PASSED and ADOPTED this day of �CSY/ 2014. ATTEST: =` Rafael E(Grana ,,;"i�fy Glekk Phili 'L t ;/Mayor T:\AGENDA\2014\ ctt§l eASou Shdre Gc_mmuhity Cler\South Shore SO LHANC(10-29-14).docx � 3 1)10 S TO �` APPROVED AS .\:y:-y- FORM &LA Cu,f10N &FOR EXE �� Cary Attorney . 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 LITTLE HAVANA ACTIVITIES & NUTRITION CENTERS OF DADE COUNTY, 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 Little Havana Activities & Nutrition Centers of Dade County, Inc. for the use of approximately 2,919 square feet of City-owned property,. located on the 1St floor of the South Shore Community Center (a/ =Ta the 6t" Street Comrnriity Center part he "'Building") I co ated t 833 Sixth Street, Miami Beacf27 Florida, 331 ; said lease ha ins an inifial term of four (4). years and 36.4 days:, commencing on October 2, 2009, and ending on September 301 2ti014; and WHERE ASr, on ®ctobe 2104,; the Myor and City Commission adopted Resolution No. 2014- accepting. the recommendation of the Finance and Citide Projects Committee a }. approvin`gand aorizing the Mayor and City S Clerk to 2 1 r the- L se A reement- and execute the following Amendment No to a ea g , NOW 1 H'EREF3:RE, the City and Tenant, for and in consideration of the mutual covenants, ag.eements and un rtakings herein 'ntai ed, do by these priesents mutt' covenant and agree to a.. nd she Lease Agreement, as follows: 1. Section 1, entitled "Demised Premises", on Page 1 of the Lease Agreement, shall be amended (deleted items StFUGk through and inserted items underlined) as follows: Approximately 2,919 square feet of leasable space on the 1St floor of the South Shore Community Center (a.k.a. the 6t" Street Community Center or the "Building"), located at 833 Sixth Street, Miami Beach, Florida, 33139, and as more specifically delineated in z�",Tbit___V "Exhibit 1-A", attached hereto and incorporated hereinl and approximately 7,002 square feet of exterior playground area, located adjacent to the interior daycare space, and as more specifically delineated in "Exhibit 1-13", attached hereto and incorporated herein. Notwithstanding the previous sentence, Tenant shall not be required to pay Rent for the playground area. EXHIBIT 1 � I 2. Section 2, entitled "Term", on Pages 1-2 of the Lease Agreement, shall be amended (deleted items struck—fhb" and inserted items underlined) as follows: It icy tent of s that the t of this Lease Agreement_ 2.1 ,�t#e�-�fl«r— e�--�„��,�—ref , al teFn;s 86 td--FUR nnnni irrent with the term of that GeFtaiR LetteAgFeement he ieeT the eaGh ani•d I ittle Havana AGti�iities Q_ AID� �' t County, Iny_datee��-1y > > j�j, 2009 /the "I etteF Agreement"). A£� ly, Tenant shell he entitled to have and d `"'e emiserlDrema6e6 for an initial term of fe ur years(4) years and three hu R dyed gevt x fni it (364) dav6, nn nn the .-Ad of QGteber 2009 (the "Gen;men ent Date") and ending OR the yr-v�v� , �-rEe�}}Cttt-� , ef Septembe�4. Tenant shall be entitled to have and to hold the Demised Premises for a term of five (5) years, retroactively commencing on the 1 St day of October, 2014 (the "Commencement Date") and endinq on the 30th day of September 2019. For purposes of this Lease Agreement, %.^a 9 -ding) vVith-glU.t limit a 'Mw S' ZM 5 Fe n. a "contract- year" shall be definetl as fiat certain period co mending on the 1St day of October, and ending on the 30th day of September. `' .56"A Dz4ftj�*�"�* ETTW i/1r1�A ;" nal five /�.\ �iearre� \A'/aI germ' �aihinlT rene���al •hall he A lrwtv"vTt h n ra i n n �,Z�' hi�iTr- 0)fduys�i�v te the expiFa ' n of Ritial teGFFn, the City MaRa ver may e!GT Fe_nennti-Ate � Fea6GRahle innrease iR the ReF;t, and shall pmyirde T nant lNeth�tteR enter'aRt, h� e-paT�-s aFe- te agree, then the Gity Manager Fnay fuFther eteGt to not renew the 4gFeernent —fn whinh naa6v- the A�`ment will no fi irther liability nr n �rrr�rrr-vvTrrtCttttFttatC�Ati�tFt�bi ��-�-rv--rur�rr yr 2.3_ AdditieRally, in the event that thRC, _eption under the I e#er Ag eemeRt 86 not --—. -d, th LG-'a6e AgFeement— anrd effent• Additionally, if at a �i n time di iriu1'i g—the—temi of is Lease s of an�i Ienal fnn+e and e�GtZ fonr whateveF �s 6eey , tnheeR avid of nn fuFtheF fGFGe and effent 2 3. Section 3, entitled "Rent", on Pages 2-3 of the Lease Agreement, shall be amended (deleted items stFUGk through 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 6hall pay Gne T�eand Eight H undFed Six4y Seven c>hare of"Qp eFatii;g Expenses 11 ^nenses" which are defined ae, fellews- Throughout the first year of the Term, Tenant shall pay Two Thousand One Hundred Forty Three Dollars and 03/100 ($2,143.03) per month, for its proportionate share of "Operating Expen_ses" which areAd_efined below. Thr�ougho_ut the second year° of the Term, Tenant shall pray Two Tho_usan dour H_undredISeventeen Rd W and 91/100 2 417.91 er month for its proportionate share of Operating Expenses. Throughout th.e third rar of the Term:, Tenant shall pay Two Thou and Six Hundred W Ji n ety TWO Doll Ms_and 78I100 2,6 9 2.7 8 effmonth for its proportionate share of Operating Expenses. Thereafter, th,e O=e:ratin Ex e,ns ses shalR be sub, to ad�iustment rsuant to Subsection 3.2.1.'Ibelow. "®perating Expen es" shall mean the following cs and e-xpenses. i:ncurr�ed in operati repairing, and mainta�ning the Common Facilies (as hereafter tlefined) and shal!I 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 Irre6peGtiye 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 in "Exhibit 3.2.1", which is hereby made a part of this Lease Agreement. Pro-rata share shall mean the percent which the Demised Premises bears to the total square footage of leasable space within the Building, which share is hereby agreed to be twee-twee—(2 ° eFGeRt. 23.028%. Tenant agrees and understands that the costs incurred for Operating Expenses may increase or decrease and, as such, 3 Tenant's pro-rata share of Operating Expenses shall increase or decrease accordingly. 4. Section 7, entitled "Use and Possession of Demised Premises", on Page 5 of the Lease Agreement, shall be amended (deleted items StFuGk thr-ough and inserted items underlined) as follows: 7.4 Tenant shall be required to meet certain performance benchmarks more specifically described as follows: Childcare Services: Maintain a roster of 74 children served on an ongoing basis at least 95% of the children's parents shall be Miami Beach residents or employees). 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 Agmull force and effect. In the event there is a conflict between th prouissions p.rowidetl herein Sand th.- ease Agree rne #, the provision oft is Amendment NM 1 to L ase Agreement shat!! govern. Ts�[The remainder of this page has been intention-alty le 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 Philip Levine, MAYOR Attest: LITTLE HAVANA ACTIVITIES AND NUTRITION CENTER OF DADE COUNTY, INC.. r"% S nature R mon Pere-z Dorrbecker, Pres dent ME i Mm Print Na Signature Print Name CORPORATE SEAL (affix seal here) F:\RHCD\$ALL\ECON\$ALL\ASSET\6STREET.CTR\LEASES\LHANC\LHANC-First Amendment DRAFT(10-10-14).docx 5 EXHIBIT 1-A Demised Premises (Daycare) ® � V 0 0 0 0 0 0 0 0 0 0 a 0 0 0 o Q 1 G� 6tECM SF aa2� tr¢�mratlwl i 2.9195E I MAYGROUKD AREA-7.002 SE u I / + a� �e SH 8336 1h Street 1st Floor 6 EXHIBIT 1®g Demised Premises (Playground) _Q ,9 W 0 0 0 0 0 0 _a "19 SF �r AaEa=zao�sF u a I �Yr SH 8336 1h Street 1st Floor 7 i 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 S wer. 21951 0:23 MOM Sto,rrnwater(estimates) 2,500 0.20 Subtotal $ 58,1702# $ 4.59 Mainance Janitorial 33,189 2.62 Elevator 1,42'8 0.11 Cooaing Tower Treatment MR 11644 0.13 Fire e, ices 362 0.03 Pest Control 642 0.05 Repairs Maintenance 44,691 3.53 Subtotal sm 81,962 $ 6.47 Wm nsurance Property Insurae 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 4,198 990 5,188 Total 13,048 4,816 17,864 8 RESOLUTION NO. 2014-28813 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 ("LANDLORD") AND UNIDAD OF MIAMI BEACH, INC. ("TENANT"), DATED SEPTEMBER 9, 2009, FOR THE DEMISED PREMISES LOCATED ON THE FIRST AND SECOND FLOORS AT 833 6TH 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; 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; RELOCATING TENANT FROM A PORTION OF ITS CURRENT LOCATION ON THE SECOND FLOOR TO A PORTION OF THE SPACE CURRENTLY OCCUPIED BY MIAMI-DADE COUNTY ON THE FIRST FLOOR; DECREASING THE TOTAL SIZE OF THE DEMISED PREMISES FROM 4,155 SQUARE FEET TO 2,082 SQUARE FEET; AND MODIFYING THE PERMITTED USE OF THE DEMISED PREMISES TO INCLUDE ADDITIONAL SERVICES. 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.; 2) Little Havana Activities and Nutrition Centers of Dade County, Inc.; 3) Miami- Dade County; and 4) UNIDAD of Miami Beach, Inc. ("Tenant"); all Agreements being for the use of South Shore Community Center, located at 833 6th Street, Miami Beach, Florida; for an initial term of four years and three hundred sixty four days, 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 the FCPC i 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 further requiring performance benchmarks as a condition of the lease renewal; and 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 329 square feet on the first floor, and 3,826 square feet on the second 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 further amending the Lease to provide for the relocation of Tenant from a portion of its current location on the second floor to a portion of the space currently occupied by Miami-Dade County on the first floor, decreasing the size of the Demised Premises from 4,155 square feet to 2,082 square feet, and modifying the permitted use of the Demised Premises to include additional services; and WHEREAS, the Administration recommends that the City Commission adopt the recommendation of the FCPC, at its October 10, 2014 meeting 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 UNIDAD of Miami Beach, 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 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; 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 term, respectively; relocating Tenant from a portion of its current location on the second floor to a portion of the space currently occupied by Miami- Dade County on the first floor; decreasing the size of the Demised Premises from 4,155 square feet to 2,082 square feet; and modifying the permitted use of the Demised Premises to include additional services. PASSED and ADOPTED this day of ellcl7/ er— 2014. ATTEST: 'ne, Mayor E. Gar do 4 rk.� Philip TAA ENDA 014\ JJ r\ ) R o r r 10-2 -14 .G Oob uh l e Comnit�r Cente\South Shor ESO UNIDAD( 9 )docx TO APPROVED AS `" •• `' `=== FORM & LANGUAGE �C �; &FOR EXECUTION City Attorney Dote 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 UNIDAD OF MIAMI BEACH, 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 329 square feet of City-owned property located on the 1St floor, and approximately 3,826 square fe"et of City-owned property located on the 2nd f Oo , of the South S:hWr.e Community Ce ter (a/ ,, fhe 6t" Street Com n�ity Center Jo the "Building ), orated at 833 Sixth Street, Miami Beach, ;Florida, 331 ; said lease having an initial term of four (4) years and 3'64 da ys. commencing on October 2, 2009, and ending on September 301 2014; and WHERE A on ®ctober. 29, 2104, the Nl or and C tyy Co: mission adopted Resolution No. 2t©14- a c c e p Uji the r-RES m m e elation of the Finance and Citide Projects Committee and approv�,n a and authorizing a Mayor and City Clerk to exeute the following Amendment No. 1 to the Lease Agreement; and N:OW THEREFO:R'E, the C and' Tenant, for and in consideration of the mutual covena ts, agreements and un- ak gs herein contained, do by these presents mutually covenant and agree to amend the Lease Agreement, as follows: 1. Section 1, entitled "Demised Premises", on Page 1 of the Lease Agreement, shall be amended (deleted items and inserted items underlined) as follows: 1-A. Approximately throe hURdFed twenty nine (329) 133 square feet of storage space, and approximately 1,385 square feet of office space, on the 1St floor, of the South Shore Community Center (a.k.a. the 6t" Street Community Center or the "Building"), located at 833 Sixth Street, Miami Beach, Florida, 33139, and as more specifically delineated in "Exhibit 1-A", attached hereto and incorporated herein; and 1-B. Approximately 3,826 564 square feet of leasable office space on the 2nd floor of the Building, and as more specifically delineated in "Exhibit 1-13", attached hereto and incorporated herein. 2. Section 2, entitled "Term", on Pages 1-2 of the Lease Agreement shall be EXHIBIT b kL 11 1 amended (deleted items StFUGk through and inserted items underlined) as follows: 2.1 TeRant shall be entitled to have and to held the Den;a6ed PFem*6e6 fGr an initial term of four year6 /i1\ yea r6 and three hi,ndred c+ivty four ( /1 ws GOMme I th 'd ciw of OG-teber, 2009 (the 2 Gen;mennem nt e ay of Se-pteev°r, 2 Tenant shall be entitled to have and to hold the Demised Premises for a term of five (5) years, retroactively commencing on the 1 St day of October, 2014 (the "Commencement Date") and ending on the 30th day of September 2019. For purposes of this Lease Agreement, , SubseGtinns 2.2 and 2.3 heFemR,. 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. -hall be Fenew G Re inwar- v IN . S' on,M�\ , ' ' _ x IARF 11 1 1-1 NY ' 1 then the %-AN , IN IN 2.3 Additionally, in the ev hat the F I enewal eptinn FRdeF the otter Agreement Rvt �E°�r-r��°. ,theter—this 1 °-AG-te Aipment st-#a� "" and e#ent Orlrli nall�i if, an�i time r1,,rin�r th�ter�m�—vr h - Lease • , , of anv legal fnr deet fnr whatever reasen whatseeyer then this r-rv�w-rru �--r�usv 'r-���r-a�-rr� Lease Agreement shell autematiGally note and shall be null and voidd and of r+n further fnrne and effent 3. 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 3.11 Tenant shall also pay the following Additional Rent as provided below: 2 3.2.1 Operating Expenses: Tenant shall pay One The sand Eight H RdFed S;)dy Seven Dollars and `11 One 9 share of"Operating Ex 11 Whiinh are defined as fellGws- Throughout the first year of the Term, Tenant shall pay One Thousand Five Hundred Twenty Eight Dollars and 54/100 ($1,528.54) per month, for its proportionate share of "Operating Expenses" which are defined below. Throughout the second year of the Term, Tenant . shall pay One Thousand Seven Hundred Twenty Four Dollars and 59/100 ($1,724.59) per month, for its proportionate share of Operating Expenses. Throughout the third year of the Term, Tenant shall pay One Thousand Nine Hundred Twenty Dollars and 65/100 ($1,920.65) per month, for its proportionate share of Operating Expenses. Thereafter, the Operating Expenses shall. .be subje�et to adi'ustrnent ursuant to Subsection 3.2.1.1 below. "®peratin;g Expense- all mean the following cs and expenses incurred -i operating, repairing, and maintai. Ing the Common Facilities (gas he einafter efined) and shall include elec#E i,M service, ater service, sewer ervice, sto.rmwater costs, maintenance and repairs costs, and janitorial service to th.e Building (includm rnPr@ emises). "Common Facilities" shall an all Building areas, spaces, equipment, as well as certain services, available for use by or for the benit of enant and/o.r its employees, agents,. wants, volunteers, customers, guests and/or invitees. 3.2.1.1 Commencing the fourth year of the Term, irrespective IrFespeGtiye 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 in "Exhibit 3.2.1", which is hereby made a part of this Lease Agreement. Pro-rata share shall mean the 'percent which the Demised Premises bears to the total square footage of leasable space within the Building, which share is hereby agreed to be thirty t hFee (33%) peFGeRt 16.425%. Tenant agrees and understands that the costs incurred for Operating Expenses may increase or decrease and, as such, Tenant's pro-rata share of Operating Expenses shall increase or decrease accordingly. 4. Section 7, entitled "Use and Possession of Demised Premises", on Page 5 of the Lease Agreement, shall be amended (deleted items s k through and inserted items underlined) as follows: 3 7.1 The Demised Premises shall be used by the Tenant solely for the purpose(s) of storage space (1-A) and administrative offices (I B) for the Ggoer GeRter whinh assist its Refugee Employment & Training Program and its Children's Trust Afterschool Programs. Additionally, Tenant shall be permitted, but not required, to implement an Immigration Service Program. Tenant also provides information and referral services on a walk-in basis. 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: 8:00 AM to 5:00 PM Nothing herein contained shall be construed to authorize hours contrary to the laws governing such operations. 7F4 Tenant shaIIvbe-vLe uired to me.et certain erforrn:ancezbanch,mi arks rw er. specificall,109senilre,d as follows,: RAM%ee Er�gyment & Tr�ai'ning: 120 -150 participants (=at least 70%o shall beiami Beach redents). Child,r�en s Afterschool Programs: 74 - 100 particcpants O owolo shall beMiami Beach resid"en"ts). OR WM 4 5. Except s otherwise specifically en,d�ed _herein, all other terms and conditions of the se Aele by and between the Landlord and Tenant shall ;remain in full force and effect. In the event there is a conflict between the provisions pTO, rded herein s nd the Lease Agreement, the p.rovisns of this Amen No. 1 to Lease Agreement shall govern. [The remainder of this page has been intentionally left 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 Philip Levine, MAYOR Attest: UNIDAD OF MIAMI BEACH, INC. Signature Margarita Gepeda, ExecutiveDirector P�r nt Name r• Signature 1111WOrint Name CORPORATE SEAL (affix seal here) F:\RHCD\$ALL\ECON\$ALL\ASSET\6STREET.CTR\LEASES\UNIDAD\UNIDAD-First Amendment DRAFT(10-10-14).docx 5 EXHIBIT 1-A Demised Premises UP U(uda0_ UP STORAGE tlEC1UlOCAL 133 SF 276 SF �5 Q • Miam Dade • C(MI F raA ..._.. J<S 227 SF . _+ Sena Ride 'A 4!S SF 305 SF NlTialEN • JCS SCAW Mea!'. STORAGE I MIAKI-A +++•+♦+J 289 SF COUNW CAA ♦ J • J r 38S Si 464 SF a•a•a a♦• � , O a a , Li a ♦ + . JcS Serum Meag AUOTTORrUA .............. .. .. 2,782 SF '�-• u WMANIuLL 3W SF • , 37sSF � UP i MCMANPAL 2065 I +a 0$ 596 SF + . r + • sw + + SH 8336 1h Street 1st Floor 6 EXHIBIT 1-B Demised Premises m o W V Q: a< O 2 V D li Q� cr N r z� z ' /�N w � � U Z j + z v a 0 -�� aai V) W A c C14 _ Q 4)N V1 0 00 7 m O ZE �O V Z p D M uww- os-am 833 61" Street 1st Floor 7 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 MOM SMEM.,water(estimate) 2,50: 0.20 Subtota! $ 58,1�/2� $ 4.59 Maintenance Janito ria 33,MR, 2.62 Elevator 1,4110 0.11 Cooling Tower Treatment 1,644 0.13 Fire Services 3°62 0.03 Pest Control 642 0.05 Repairs ,Maintenance 44,691 3.53 Subtotal $ 81,96-24, $ 6.47 �tnsurance a Property InsurTRc'e 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 4,198 990 5,188 Total 13,048 4,816 17,864 8 i