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2015-29150 Reso RESOLUTION NO. 2015-29150 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING OPTION A FOR THE PROPOSED DESIGN, DEVELOPMENT, AND CONSTRUCTION OF A WELLNESS CENTER IN ALLISON PARK; APPROVING THE PARKING PLAN IN OPTION 3; AND AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY'S OFFICE TO NEGOTIATE A NINETY-NINE (99) YEAR GROUND LEASE AGREEMENT BETWEEN THE CITY AND THE SABRINA COHEN FOUNDATION, INC (THE FOUNDATION), FOR APPROXIMATELY 5,100 SQUARE FEET OF CITY- OWNED LAND AT ALLISON PARK FOR THE PROPOSED WELLNESS CENTER, WHICH FINAL NEGOTIATED LEASE SHALL, AT A MINIMUM, CONTAIN THE ESSENTIAL TERMS CONTAINED IN THE TERM SHEET SET FORTH AS EXHIBIT "A" TO THIS RESOLUTION, AND WHICH FINAL NEGOTIATED LEASE SHALL BE SUBJECT TO APPROVAL BY THE CITY COMMISSION, AND BY A MAJORITY OF THE VOTERS IN A CITY-WIDE REFERENDUM, PURSUANT TO SECTION 1.03(b) OF THE CITY'S CHARTER. WHEREAS, at the July 8, 2015 City Commission Meeting, the Sabrina Cohen Foundation (the Foundation), requested that the City grant it a lease for use of City-owned land in Allison Park (the Park), to develop, construct, maintain, and manage a Wellness Center, at the sole cost and expense of the Foundation; and WHEREAS, at the September 2, 2015 City Commission Meeting, three (3) concepts for the Wellness Center were presented by the Foundation: (i) Option A proposed a circular shaped building, located at the center of the Park; (ii) Option B consisted of the conceptual plan proposed for Option A, plus reserving the southern portion of the Park for future expansion; and (iii) Option C proposed a rectangular building to be constructed at the southern portion of the Park; and WHEREAS, the Administration recommends approval of Option A, which covers approximately 5,100 square feet of City-owned land in the Park, as it is the concept which preserves the most of the natural greenspace and allows for the relocation of the tree canopy currently at the Park, and which is the least obstructive of the proposed concepts; and WHEREAS, the Park is served by Municipal Parking Lot No. P81, which currently has 74 standard parking spaces and 4 ADA accessible parking spaces, totaling 78 parking spaces (Existing Parking Plan); and WHEREAS, in the interest of preserving the historic value of the coral wall, and the original Park boundaries in the southern section, the following parking options were considered by staff for the Wellness Center Concept A: • Option 1 — Reconfigure the Existing Parking Plan to serve the ADA parking demand by modifying the existing spaces to 17 ADA accessible parking spaces (Proposed ADA Spaces)with 51 standard parking spaces for a new total 68 parking spaces; • Option 2 — Increase the standard parking spaces plus Proposed ADA spaces, for a total of 95 parking spaces, with optimum traffic flow by expanding parking west, adding approximately 13,000 square feet of paved area, preserving the existing restrooms, but requiring the relocation of mature existing trees to the south end of the Park; • Option 3 — Increase the standard parking spaces to 103 plus the Proposed ADA spaces, for a total of 120 parking spaces, by demolishing the existing restrooms, and requiring the Foundation to construct public restrooms, having approximately 500 sq. ft., on the 1s t Floor of the Wellness Center, by expanding approximately 21,000 sq. ft. into the West area adjacent to the existing parking lot and requiring the relocation of mature existing trees to the south end of the Park; and • Option 4 — Demolish existing public restrooms and increase the total parking spaces to 120 parking spaces, as required in Option 3; however, requiring the construction of said restrooms at the south side of Park, instead of adjacent to the Wellness Center; and WHEREAS, staff recommends Parking Option 3, which maximizes parking at the Park, and preserves the greenspace south of the Park; and WHEREAS, staff additionally is recommending the following implementation of parking regulations at the Park to include: • a maximum time limit of four (4) hours for metered parking during meter enforcement hours and Wellness Center operational hours even if beyond the established hours of enforcement; • additional disabled parking spaces (17) to meet the demand generated by the Wellness Center; and • maximum time limits may be lifted when the Wellness Center is dark to allow for residential parking opportunities; and WHEREAS, the Administration recommends that the City Commission approve conceptual Option A, Parking Option 3, and the proposed parking regulations; and WHEREAS, the Administration recommends authorizing the City Manager to negotiate a ground lease for the use of the City-owned land for the development of the Wellness Center, based upon the essential terms set forth in the Term Sheet attached and incorporated herein as Exhibit "A" hereto, which final negotiated ground lease shall be subject to approval by the City Commission and by a majority of the voters in a City-wide referendum, pursuant to Section 1.03(b) of the City's Charter. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve Option A for the proposed design, development, and construction of a Wellness Center in Allison Park; approve the parking plan in Option 3; and authorize the City Manager and City Attorney's Office to negotiate a ninety-nine (99) year ground lease agreement between the City and the Sabrina Co hen Foundation, Inc. (the Foundation), for approximately 5,100 square feet of City-owned land at Allison Park for the proposed Wellness Center, which final negotiated lease shall, at a minimum, contain the essential terms contained in the Term Sheet set forth as Exhibit "A" to this Resolution, and which final negotiated lease shall be subject to approval by the City Commission, and by a majority of the voters in a City-wide referendum, pursuant to Section 1.03(b) of the City's Charter. PASSED and ADOPTED this 30th d4. e 4ptember, 2015. Vi\'‘ 6114144 ATTES &fit)--- INCORP ORAT":hill� L„Rafael E. Granado, Cit erk 401 tr' F:\T_Drive\AGENDA\2015\September\Parks and Rec t; 3-', ftem•°fI '=solution - Approving Wellness Center Concept& Lease Agreement in Allison Park.doc huviwt `o* APPROVED AS TO FORM & LANGUAGE &F7, EXECUTION (di) kbvi qn-.&5 City Attorney,Jb Dote COMMISSION ITEM SUMMARY Condensed Title: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING OPTION A FOR THE PROPOSED DESIGN, DEVELOPMENT, AND CONSTRUCTION OF A WELLNESS CENTER IN ALLISON PARK;APPROVING THE PARKING PLAN IN OPTION 3; AND AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY'S OFFICE TO NEGOTIATE A NINETY-NINE(99)YEAR GROUND LEASE AGREEMENT BETWEEN THE CITY AND THE SABRINA COHEN FOUNDATION, INC (THE FOUNDATION), FOR APPROXIMATELY 5,100 SQUARE FEET OF CITY-OWNED LAND AT ALLISON PARK FOR THE PROPOSED WELLNESS CENTER,WHICH FINAL NEGOTIATED LEASE SHALL,AT A MINIMUM,CONTAIN THE ESSENTIAL TERMS CONTAINED IN THE TERM SHEET SET FORTH AS EXHIBIT "A" TO THIS RESOLUTION, AND WHICH FINAL NEGOTIATED LEASE SHALL BE SUBJECT TO APPROVAL BY THE CITY COMMISSION,AND BY A MAJORITY OF THE VOTERS IN A CITY-WIDE REFERENDUM,PURSUANT TO SECTION 1.03(b) OF THE CITY'S CHARTER. Key Intended Outcome Supported: Build and maintain priority infrastructure with full accountability. Supporting Data(Surveys, Environmental Scan, etc.): The 2014 Customer Satisfaction Survey indicated that over 77% of residents rated recently completed capital improvement projects as "excellent"or"good". Item Summary/Recommendation: At the July 8, 2015 City Commission Meeting,the Sabrina Cohen Foundation(the Foundation)requested that the City grant the Foundation a lease for the use of City-owned land, in Allison Park(the Park),to develop,construct, maintain and manage a Wellness Center at the Foundation's sole cost and expense. At the September 2,2015 City Commission Meeting,three(3)concepts shown in Exhibit B were presented by the Foundation, proposing to utilize the center, the southern portions of the Park or a combination of both locations. Since the September 2,2015 City Commission Meeting,staff has met to evaluate the three concepts and formulate its recommendation as to the best concept and location for the Wellness Center at Allison Park in addition to parking options, regulations and other mobility opportunities. Staff is recommending Option A which covers approximately 5,100 square feet of City-owned land at Allison Park,as it is the concept which preserves the most of the natural greenspace and allows for the relocation of the tree canopy currently at the Park,and is the least obstructive of the proposed concepts. In addition to preserving greenspace, staff also recommends for the Wellness Center to follow CPTED (Crime Prevention Through Environmental Design) guidelines, preserve the existing walkways to and from the beach, include restrooms and showers for the public,and conserve the Park's historic properties,such as the existing coral wall and turtle sculptures.As addressed in the past, parking is a challenge at this park and it is presumed that this situation will worsen with the additional development being proposed. For this reason,staff has developed several strategies to maximize the amount of parking spaces,while still maintaining the natural greenspace and tree canopy at the Park.Staff is recommending Parking Option 3.This option allows for the most parking spaces with the least amount of impact. Administration Recommendation:The Administration recommends that the City Commission approve conceptual Option A,Parking Option 3 and the proposed parking regulations.It is also recommended for the City Commission to authorize the City Manager to negotiate a ground lease for the use of the City-Owned land for the development of the Wellness Center,based upon the essential terms set forth in the term sheet attached hereto and incorporated herein as Exhibit A. The final negotiated ground lease shall be subject to approval by the City Commission and by a majority of the voters in a City-wide referendum,pursuant to Section 1.03(b)of the City's Charter.The approval of the ground lease shall be placed on the March 15,2016 election ballot. Financial Information: Source of Amount Account Funds: 1 OBPI Total Financial Impact Summary: City Clerk's Office Legislative Tracking: Office of the City Attorney/Parks& Recreation/Public Works/Capital Improvement Projects/Parking Sign-Offs: e artment;�irector Assistant City Manager City `,nager JR DM ,a1L. SF EC JL 111 AGENDA � El� MIAMI BEACH - DATE N 1915 .2015 MAM 1 BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139,www.miamibeachfl.gov COMMISSI e N MEMORANDUM TO: Mayor Philip Levine and Members •; the City • missio FROM: Jimmy L. Morales, City Manager =! DATE: September 30, 2015 SUBJECT: A RESOLUTION OF THE MAYOR ` D CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING OPTION A FOR THE PROPOSED DESIGN, DEVELOPMENT, AND CONSTRUCTION OF A WELLNESS CENTER IN ALLISON PARK; APPROVING THE PARKING PLAN IN OPTION 3; AND AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY'S OFFICE TO NEGOTIATE A NINETY-NINE (99) YEAR GROUND LEASE AGREEMENT BETWEEN THE CITY AND THE SABRINA COHEN FOUNDATION, INC (THE FOUNDATION), FOR APPROXIMATELY 5,100 SQUARE FEET OF CITY-OWNED LAND AT ALLISON PARK FOR THE PROPOSED WELLNESS CENTER, WHICH FINAL NEGOTIATED LEASE SHALL, AT A MINIMUM, CONTAIN THE ESSENTIAL TERMS CONTAINED IN THE TERM SHEET SET FORTH AS EXHIBIT "A" TO THIS RESOLUTION, AND WHICH FINAL NEGOTIATED LEASE . SHALL BE SUBJECT TO APPROVAL BY THE CITY COMMISSION, AND BY A MAJORITY OF THE VOTERS IN A CITY-WIDE REFERENDUM, PURSUANT TO SECTION 1.03(b) OF THE CITY'S CHARTER. BACKGROUND At the July 8, 2015 City Commission Meeting, the Sabrina Cohen Foundation (the "Foundation") requested that the City grant the Foundation a lease for the use of City-owned land, in Allison Park (the "Park"), to develop, construct, maintain and manage a Wellness Center at the Foundation's sole cost and expense. At the September 2, 2015 City Commission Meeting, three (3) concepts, as reflected in the attached Exhibit B, were presented by the Foundation, proposing to utilize the center, the southern portion of the Park or a combination of both locations, as follows: Option A proposed a circular shaped building, located at the center of the Park; Option B consisted of the conceptual plan proposed for Option A plus reserving the southern portion of the Park for future expansion; and Option C proposed a rectangular building to be constructed at the southern portion of the Park. Currently, the southern portion of the Park is not being utilized and does not contain any structures. The center of the Park currently houses three pre-cast replicas of life-size sea turtles of varying species with interpretive signage. The turtle sculptures were erected pursuant to a Caribbean Conservation Corporation Sea Turtle Grants Program Grant Agreement dated August 17, 2006 (the "Grant"). The Grant requires that the sculptures be placed west of the dune and along the Allison Park Eco-Walk, but does not contain any prohibition from relocating them to a different location consistent with the requirements of the Grant; therefore, said sculptures may be relocated within the Park,freeing up the center for the development of the Wellness Center. 1 Since the September 2, 2015 City Commission Meeting, staff has met to evaluate the three concepts and formulate its recommendation as to the best concept and location for the Wellness Center at Allison Park in addition to parking options, regulations and other mobility opportunities. CONCEPTUAL ANALYSIS Staff is recommending Option A which covers approximately 5,100 square feet of City-owned land at Allison Park. Option A is the concept which preserves the most of the natural greenspace, allows for the relocation of the tree canopy currently at the Park, and is the least obstructive of the proposed concepts. In addition to preserving greenspace, staff also recommends for the Wellness Center to follow CPTED (Crime Prevention Through Environmental Design) guidelines, preserve the existing walkways to and from the beach, include restrooms and showers for the public, and conserve the Park's historic properties, such as the existing coral wall and turtle sculptures. PARKING ANALYSIS Staff is recommending Parking Option 3. This option allows for the most parking spaces with the least amount of impact. The option preserves the greenspace south of the Park and also gives an opportunity to relocate the existing tree canopy by incorporating the public restrooms into the Wellness Center. As addressed in the past, parking is a challenge at the Park and it is presumed that this situation will worsen with the additional development being proposed. For this reason, staff has developed several strategies to maximize the amount of parking spaces, while still maintaining the natural greenspace and tree canopy at the Park. Allison Park is served by Municipal Parking Lot No. P81, which is located at 6475 Collins Avenue. It is a metered parking lot with 74 conventional parking spaces and four (4) ADA accessible parking spaces, for a total of 78 parking spaces. Meters are enforced 8:00 a.m. to 6:00 p.m. and have an hourly rate of$1.00. This parking lot is highly used as it supports various users including neighboring businesses, recreational (beach) goers, and area residents (particularly overnight when meters are not enforced.) Expanded Parking Inventory Options In the interest of preserving the historic value of the coral wall, and the original park boundaries in the southern section, the following options are available for Wellness Center Conceptual Option A: Option 1 — Maintain Existing Parking Plan Being Proposed with the Accessible Playground and Fitness Circuit As described above, Municipal Parking Lot No. P81 currently has 74 standard parking spaces and 4 ADA accessible parking spaces, which totals 78 parking spaces. With the upcoming accessible playground and fitness circuit, it is planned for the Parking Department to reconfigure the parking spaces to serve the ADA parking demand. The reconfiguration will modify the existing spaces to 17 ADA accessible parking spaces with 51 standard parking spaces for a new total 68 parking spaces in all (Exhibit C). 51 Standard Parking Spaces 17 ADA Accessible Parking Spaces Total: 68 Parking Spaces Option 2 — Increase Amount of Parking Spaces with Optimum Traffic Flow by Expanding Parking West: This option would provide 78 standard parking spaces and 17 ADA accessible parking 2 spaces for a total of 95 parking spaces. This would be achieved by expanding parking into the West greenspace and adding approximately 13,000 square feet of paved area. This option would preserve the existing restrooms and would require the relocation of mature existing trees to the South end of the Park. This option provides a safe and optimal traffic flow(Exhibit C). 78 Standard Parking Spaces 17 ADA Accessible Parking Spaces Total: 95 Parking Spaces Option 3— Demolition of Existing Restrooms and Construction of Public Restrooms on 1St Floor of the Wellness Center: This option would provide approximately 103 standard parking spaces and 17 ADA accessible parking spaces for a total of 120 parking spaces. This would be achieved by expanding approximately 21,000 sq. ft. into the West area adjacent to the existing parking lot. This option requires the Foundation to demolish the existing restrooms and provide public restrooms within the Wellness Center development. This option would also require the relocation of mature existing trees to the South end of the Park(Exhibit D). 103 Standard Parking Spaces 17 ADA Accessible Parking Spaces Total: 120 Parking Spaces Option 4 — Demolition of Existing Restrooms with a Public Restroom Building Constructed on South Side of Allison Park: This option mirrors Option 3 with the exception that it proposes for a restroom building of approximately 500 sq. ft. to be constructed at the South end of the Park, independent of the Wellness Center. However, this is not a favorable option as it impacts the only greenspace remaining in the park(Exhibit D). 103 Standard Parking Spaces 17 ADA Accessible Parking Spaces Total: 120 Parking Spaces The Foundation is responsible for covering the cost of the relocation of the turtle sculptures. In the case that parking Option 1 is selected, the City will cover the expenses for the parking plan in place to cover the ADA accessible playground and fitness circuit. If any of the parking Options 2-4 are selected, the Foundation will assume the expenses for the parking expansion and the construction of the public restrooms and showers. The City; however, will maintain the public restrooms and showers. Proposed Parking Regulations The following are proposed parking regulations being recommended to serve the operational needs of the aforementioned parking generators as well as the proposed Wellness Center. Parking space turnover is critical to maximizing parking availability; therefore, the following regulations are recommended: • A maximum time limit of four (4) hours for metered parking during meter enforcement hours and Wellness Center operational hours even if beyond the established hours of enforcement. • Additional disabled parking spaces (17) to meet the demand generated by the Wellness Center. (Provided in all parking plans) • Maximum time limits may be lifted when the Wellness Center is dark to allow for residential parking opportunities. 3 Other Mobility Options The City may also consider adding Citi Bike stations and a Car2Go space to have additional options of transportation to and from the Park. Additionally, the trolley loop could be extended one block south to 63rd Street, and an additional stop provided in front of Allison Park. This would help facilitate access to other parking facilities in the North Beach (e.g. 72nd Street site and the parking garage at 67th Street and Indian Creek Drive.) • ENVIRONMENTAL ANALYSIS All construction located east of the Coastal Construction Control Line (CCCL) is regulated by the Florida Department of Environmental Protection (FDEP) and the Florida Fish and Wildlife Conservation Commission. The Wellness Center is being proposed east of the CCCL and therefore development will require obtaining a Construction General Permit from FDEP. The project will need to demonstrate that it will not negatively impact the beach and dune system and sea turtle nesting habitat. The Foundation will be responsible for obtaining this permit and any modifications required by these agencies for the development will be the responsibility of the Foundation after approval from the City. RECOMMENDATION The Administration recommends that the City Commission approve conceptual Option A, Parking Option 3 and the proposed parking regulations. It is also recommended for the City Commission to authorize the City Manager to negotiate a ground lease for the use of the City-Owned land for the development of the Wellness Center, based upon the essential terms set forth in the term sheet attached hereto and incorporated herein as Exhibit A. The final negotiated ground lease shall be subject to approval by the City Commission and by a majority of the voters in a City-wide referendum, pursuant to Section 1.03(b) of the City's Charter. The approval of the ground lease shall be placed on the March 15, 2016 election ballot. Attachments: Exhibit A "Sabrina Cohen Foundation Adaptive Wellness Center Term Sheet" Exhibit B "Proposed Wellness Center Conceptual Options" Exhibit C"Parking Options 1 and 2" Exhibit D "Parking Option 3 and 4" JLM/:3 / DM/SF T:\AGENDA\2015\September\Parks and Recreation (September 30)\Memoradum - Resolution Approving Wellness Center Concept Lease Agreement in Allison Park(FINAL).docx 4 Exhibit A Term Sheet TERM SHEET GROUND LEASE BETWEEN THE CITY OF MIAMI BACH (LESSOR OR THE CITY) AND THE SABRINA COHEN FOUNDATION, INC. (LESSEE OR THE FOUNDATION) LEASED PREMISES Approximately 5,100 square feet of land, located at Allison Park, 6475 Collins Avenue, plus an easement for any cantilevered elements, if approved as part of the regulatory design review board process. DURATION AND TERM 99 years, no renewal options AMOUNT OF RENT $18.00 per year USE OF LEASED PREMISES (a) a state of the art public health and Wellness Center catering primarily for individuals living with physical and cognitive disabilities, seniors, and able bodied individuals with temporary injuries; and including a physical therapy room, aqua- therapy room, adaptive gym, treadmill training, research & product testing room, Office of the Foundation, conference room, library, and healing room, for yoga, meditation, and art therapy; (b) any revenue-generating uses conducted from the premises must be in accordance with the approved uses; revenue- generating uses shall be used to fund the maintenance, management and operation of the Wellness Center. HOURS OF OPERATION 8:00 A.M. to 8:00 P.M. Monday through Sundays NET LEASE the Foundation shall be responsible for all expenses relating to the operation and maintenance of the Wellness Center including, without limitation, utilities, any applicable taxes (personal and ad valorem). INSURANCE The Foundation, at its sole expense, shall maintain any insurance which may be required by the City including, without limitation, General Liability Property All Risk 1 . EXHIBIT Coverage, Workers' Compensation required by Florida law; any construction work will additionally require a Work Letter and Escrow Agreement for the value of the construction work; Payment and Performance Bond (City as additional obligee); Builder's Risk Insurance; and Automobile Liability Insurance. IMPROVEMENTS The Foundation accepts the Leased Premises in "As Is" condition. The Foundation shall be responsible for the design, permitting and construction of the Wellness Center at its sole cost and expense, subject to City's approval of the concept, design and plans and specifications, and pursuant to all requisite governmental approvals (including without limitation, any City regulatory boards and departments, the Florida Department of Environmental Protection and Florida Fish and Wildlife Conservation Commission). The contractor shall be subject to approval by the City. The Foundation shall be responsible for any site and underground studies and remediation which may be needed in connection with the development of the Wellness Center at the Leased Premises. The Development of the Wellness Center shall neither impact the surrounding areas nor compromise or modify access to the beach from its current condition. As part of the development of the Wellness Center at the Park, the Foundation shall be also be responsible for the design, permitting, development and construction costs related to the following: (a)the relocation of the turtle exhibits; and if City approves the expansion of the existing parking plan (Expanded Parking Plan), (b) the cost of said Expanded Parking Plan, including the demolition and construction of the public showers and restrooms, similar in quality and size to the existing ones at the Park, if required by said Expanded Parking Plan. FOUNDATION RIGHT TO TERMINATE The Foundation shall have the right to terminate the Lease without cause at any time prior to obtaining the full building permit for 2 the construction of the Wellness Center, each party to bear their own costs and fees. Following termination, the City shall have no further obligation and/or liability to Foundation with regard to the Lease. DEED RESTRICTIONS CONCERNING THE USE OF THE PROPERTY (a) The Foundation shall remain a not-for-profit corporation; (b) the Foundation shall not discriminate; (c) no assignment, transfer, sublease, subconcession or license agreement shall be valid without the City's consent(at City's sole discretion), which consent, if given, may require the lessee to pay fair market rent/value for the Leased Premises(the Foundation will be permitted to subcontract for services consistent with the permitted uses, subject to approval by the City Manager, which approval shall not be unreasonably withheld); (d) all property insurance and maintenance costs shall be the responsibility of the Foundation; (e) Security must be maintained at the Foundation's expense; (f) all signage shall be subject to approval by the City and applicable governmental approvals; and (g) any violation of the restrictive covenants shall be an event of default. SIGNAGE/NAMING RIGHTS Interior/Exterior Signage/Sponsorship: the Foundation shall have the right to erect interior signage, including, without limitation, temporary banners (temporary signage is subject to City Manager's approval) and exterior signage; provided, however, that the names affixed thereon (including, without limitation, any sponsorship names) shall be subject to approval as required by the City's Naming Ordinance, as codified in Chapter 82, Article VI, Sections 82-501 through 82-505 of the City Code, as shall be amended from time to time. If approved, any exterior or interior signage shall be subject to review by the City. In no event may any approved interior or exterior signage include the names of any company selling the following types of products ("Prohibited Names"): guns, 3 tobacco or sexual products. LESSEE'S DUTY TO KEEP PREMISES IN GOOD REPAIR the Foundation shall be responsible for the operation, maintenance and repair of the Wellness Center, including roof, structure, mechanical, plumbing, electrical, and general maintenance and upkeep, as well as all utilities. AUDIT AND FINANCIAL RECORDS the Foundation shall be required to maintain financial records and records of the services and programs it provides to the general public; said records shall be subject to audit by the City; within one hundred twenty (120) days from the end of each calendar year, the Foundation shall provide audited financial statements for the previous year. DELIVERABLES within sixty days from the end of each calendar year, the Foundation shall provide the City with the following deliverables: (a) annual budget for previous year; (b) proposed budget for the following year; (c) annual report with respect to the program and services provided at the Wellness Center and the number of people who participated or received assistance for each program or service; and (d) programmatic plan for the upcoming year. The programmatic plan shall include discounted rates for Miami Beach residents, as well as a preference for veterans and Miami Beach residents. OTHER PROVISIONS additional provisions including, without limitation, default clause, indemnification clause, and other typical provisions contained in the City's ground leases. 4 I Exhibit Proposed Wellness Center Conceptual Options ■.--.._ _L__________j_ _ -- II VP. ,f7c,INEW„,,, N , FUTURE GROWTH OPEN \ CITY NEW TERRACE / L.°-"- -'-'.... .'''.--.'... 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PERSPECTIVE FROM BEACH -s o c z PERSPECTIVE FROM PARKING ,SOUTH ENO OF SITE FUTURE BticOnr / LANDSCAPE AREA/OUTDOOR ` TRAINING. 7%WOIIKWT ♦♦ I / ♦ I l/ I /v PEGEP m\ ,�- POTENTIAL iI ' , 1 - -1 FUTURE GROWTH I 1 g 1 g I 1\© 11 Ill ir C 0i L J Wgtl(OUi V • BILLCONV • I Alliggill 111111111111r I I \ : ' I 2-MAIN LEVEL 8075 SQ.FT -1 PRELIMINARY CONSTRUCTION BUDGET: 9,531 SF/$350 SF.$3,335,850 ,'SOUTH ENO OF SITE FUTURE -----`-∎ / LANDSCAPE AREA/OUTDOOR 72' N7 Z ' �, V /" TRAINING. 0 ® r ,, T ` / Q 00 �1 POTENTIAL/ I FUTURE GROWTH ma IMMO 11 i ®Clir % L J l , C7' )1 III " IIIIIIIIIIIIIIIII III I 1 _ _ _ _ - _ — 1-GROUND LEVEL 1456 SQ.FT the 3 B-CENTRAL CIRCULAR/ SOUTH EXPANSION rey SEPTEMBER 2015 1 111111 ; /I 1�' - r *,42-Wr.a.4*-0: p: I IIII I�Ip 1111 1'_ 1. I : ---________„.."717:'''''.7:7'-''''''.''' : -r"''','''''-'' - PERSPECTIVE FROM BEACH ------.-- , Win; ,L: � .'-a- ._._��'._ ..tea",I ` 1�- `� __ \� t „"--._._-.."rw. "'"�----J1_ �`--may x '---- .. PERSPECTIVE FROM PARKING - ■______\ ) K--- (-------_-__ -___._--___-_j_ ' -2' , il``_ PEN WORKOUT �7 ( ---- --7(3 ij C� C� 2-SECOND LEVEL 4,350 SQ.FT - - - PRELIMINARY CONSTRUCTION (rSOUTH END OF SITE:FUTURE BUDGET: LANDSCAPE aour000R 8,950 SF/$300 SF.$2,685,000 i 0 /`J� OPEN MEA / ( / EENALE J ( ENTRY J LaCKER LOBBY i - NEE _ LOCKERS • • _______ Mild' eliA -WIIIIIIIIIrLD PHI I HII III 111 Ill 11_1: II 1-GROUND LEVEL 4,600 SQ.FT the C-SOUTH SIDE LINEAR rey 3 SEPTEMBER 2015 Exhibit Parking Options 1 and 2 ___ ___________________.....________......._.......-... _ 1 ! 0 I 21 i : . 8 . __--- • . > ••• -- • -- H •3 -, . - ' Isom! -„,—.I — ... , . 0., ;!" I: 1 <5 ll g . . H t , : ;1 ‘ S ,, ' H . 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