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97-22254 RESO Incomplete RESOLUTION NO. 97-22254 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING A PARKING PERMIT AGREEMENT BETWEEN THE CITY AND BROADCAST VIDEO, INC., FOR THE USE OF FIFTY (50) PARKING SPACES IN THE 17TH STREET MUNICIPAL GARAGE, LOCATED ON 17TH STREET BETWEEN MERIDIAN COURT AND PENNSYL VANIA AVENUE; FURTHER WAIVING BY A 517THS VOTE THE ADVERTISED PUBLIC BIDDING PROCESS AND INDEPENDENT APPRAISAL OF THE FAIR MARKET RENTAL VALUE OF THE PROPERTY, AS REQUIRED BY ORDINANCE NO. 92-2783. WHEREAS, the City owns and maintains the 17th Street Municipal Garage located at 17th Street, between Meridian Court and Pennsylvania Avenue; and WHEREAS, Broadcast Video, Inc. (BVI) is a production company planning to move operations to the City, specifically to the Sony Building on Lincoln Road; and WHEREAS, in an effort to continue to establish the presence of the entertainment industry in the City, it is imperative that the City address and meet the parking needs of the employees and clients of this industry; and WHEREAS, the Administration has negotiated the attached Parking Permit Agreement between the City and BVI (Agreement), which would issue parking permits to BVI for fifty (50) spaces on the fourth floor (roof top) of the 17th Street Municipal Garage, starting at an initial rate of$50 per month, per space, plus tax, for an initial term of five years, with one additional five (5) year option renewable at the City's discretion; and WHEREAS, the Parking Department will assess an increase on the monthly rate for years two through five of the Agreement; and WHEREAS, the scheduled increases will be based on the Consumer Price Index or any increase in the monthly parking rate, as adopted by the Mayor and City Commission, whichever may be greater; and WHEREAS, the Parking Department has determined that BVI's request, and the resultant Agreement, is reasonable and consistent with the new redistribution of permit parking in the Lincoln Road Area, and compatible with the Parking Department's Lincoln Road Parking Study and companion Redistribution Proposal; and WHEREAS, the Planning Department has determined that the proposed use which is the subject of this Agreement is in keeping with City goals and objectives and conforms to the City Comprehensive Plan; and WHEREAS, the Administration recommends that the Mayor and City Commission adopt the foregoing Agreement and further waive by a 5/7ths vote the advertised public bidding and independent appraisal requirements, as required by Ordinance No. 92-2783, finding that the best interests of the City would be served, in furtherance of its ongoing efforts to continue to develop the local presence of the entertainment industry and, as a component thereof, recognizing the need to address parking requirements for employers and employees of that industry. 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 herein approve, and authorize the Mayor and City Clerk to execute, the attached Parking Permit Agreement between the City and Broadcast Video, Inc., for the use of fifty (50) parking spaces in the 17th Street Municipal Garage, located on 17th Street between Meridian Court and Pennsylvania Avenue, and further waive, by a 5/7ths vote, the advertised public bidding requirement and independent appraisal of the fair market rental value of the property as required by Ordinance No. 92-2783. PASSED AND ADOPTED this 8th day of January, 1997. MAYOR ATTEST: CITY CLERK APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION #~ City Attomey )- s-.I 7 Date A:\BVI.MEM CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 COMMISSION MEMORANDUM NO. -.!J - g 1 TO: Mayor Seymour Gelber and Members of the City Commission DATE: January 8,1997 FROM: Jose Garcia-Pedrosa City Manager SUBJECf: A RESOLUTION HE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORID , APPROVING A PARKING AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND BROADCAST VIDEO, INC., FOR THE USE OF FIFTY (50) PARKING SPACES IN THE 17TH STREET MUNICIPAL GARAGE, LOCATED ON 17TH STREET BETWEEN MERIDIAN COURT AND PENNSYLVANIA AVENUE; FURTHER WAIVING BY A 5/7THS VOTE THE ('illVERTISED PUBLIC BIDDING PROCESS AND INDEPENDENT APPRAISAL OF THE FAIR RENTAL VALUE OF THE PROPERTY, AS REQUIRED BY ORDINANCE NO. 92-2783. ADMINISTRATION RECOMMENDATION: The Administration recommends that the Mayor and City Commission approve and adopt the attached resolution approving the attached Parking Permit Agreement between the City of Miami Beach and Broadcast Video, Inc. BACKGROUND: Since 1993, the City of Miami Beach has promoted the development of the film and entertainment industry. Today, with the success ofMTV Latino, Post Edge, Sony Discos, and others in the industry, the City of Miami Beach has become a hub of the film and entertainment industry in the Southeastern United States. In an effort to establish this industry, it is imperative that the City address further and meet the parking needs of the employers, employees, and clients of the film and entertainment industry. Broadcast Video, Inc., is a production company planning to move operations to the City of Miami Beach. The company plans to move into the Sony Building on Lincoln Road; however, BVI wishes to secure ~dequate parking to meet its business needs. ANALYSIS: The Administration has considered the request for 50 spaces in the 17th Street Municipal Garage and supports the proposed Parking Agreement. The Administration is currently preparing a resolution to standardize fees charged for monthly parking in municipal facilities; the relevant fee will be $50.00 plus tax, monthly. AGENDA ITEM 'R.1A . I-R-C1i Continued 119 DATE Page II January 8, 1997 The terms of the Parking Agreement are as follows: permits or access cards will be issued for 50 spaces on the fourth floor (roof top) of the 17th Street Garage, starting at a rate of $50.00 per month plus tax as proposed to be charged in all municipal facilities and payable quarterly, in advance. The parking permits will be honored 24 hours per day, 7 days per week, at the 17th Street Garage only. The Parking Agreement is recommended for a term offive years, with the option to renew for one additional five-year term, based on a recommendation by the City Administration and approval by the City Commission. The second through fifth year of the Agreement will be subject to the same increases as in the City's adopted monthly parking rate. Rate increases will be based on the Consumer Price Index (CPI), or any increase in the monthly rate adopted by the Mayor and City Commission, whichever may be greater. Example 1 st year 2nd-5th year $ 50.00 + 3.25 Tax, per space X 50 spaces = $ 2,662.50 $ 50.00 + CPI/City Increase per space + Tax X 50 spaces CONCLUSION: The request to waive by a 5/7 vote the advertised public bidding process and the independent appraisal of the fair market value of the property, as stated by Ordinance Number 92-2783, for 50 parking spaces for Broadcast Video, Inc., is reasonable and in the best interest of the City. Based on an analysis prepared by the Planning Department (attached), the proposed use is in keeping with City goals and objectives and conforms to the City Comprehensive Plan. Current usage of the 17th Street garage, during non-event periods, ranges from 20% to 35%, leaving ample room to accommodate this request. The need for additional on-street parking will be minimal due to the placement of employees of Broadcast Video, Inc., directly into the garage. The revenue stream derived from this usage will allow the Parking Department to help defray the cost of enhanced service levels now present in the facility. The Parking Department is preparing a recommendation for consideration by the City Commission for a monthly rate of $50.00 plus tax, to be charged at all City-owned parking garages; the rate under this proposed agreement is the same amount. The Administration recommends that the Mayor and City Commission adopt the attached resolution. A:\BVI.MEM JGP/~ NG 120 PARKING PERMIT AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND BROADCAST VIDEO, INC. TillS AGREEMENT made the 8th day of January, 1997 between the CITY OF MIAMI BEACH, a Municipal Corporation of the State of Florida (City), and BROADCAST VIDEO INC., (BVI) a corporation having its office at 20377 N.E. 15th Court, Miami, Florida 33179. WITNESSETH WHEREAS, the City owns and maintains the 17th Street Municipal Garage located at 17th Street and Lincoln Road, Miami Beach, Florida (the Garage); and WHEREAS, BVI is a production company plarming to move operations to the City, specifically the Sony Building on Lincoln Road; and WHEREAS, BVI's move to the City is dependent upon their being able to provide a minimum of fifty (50) parking spaces for their employees; and WHEREAS, the City has been successful in recruiting local headquarters for other members of the entertainment industry and, with the current success ofMTV Latino, Post Edge, Sony Discos, and other leaders in the industry, the City has become one of the hubs of the entertainment industry in the Southeastern United States; and WHEREAS, in an effort to continue to establish the presence of this industry in the City, and thereby continue to further the prestige and reputation of Miami Beach, both nationally and internationally, it is required that the City address and meet the parking needs of employers, employees and clients of the entertainment industry; and WHEREAS, the Administration has negotiated the foregoing Parking Permit Agreement between the City and BVI (Agreement), which would issue parking permits to BVI for fifty (50) spaces on the fourth floor of the Garage (roof top), starting at an initial rate of $50.00 per month, per space, plus tax, for an initial term of five (5) years, with one additional five (5) year option, renewable at the City's discretion; and WHEREAS, the '$50.00 rate is consistent with the rate proposed by the Parking Department for all municipal facilities in the City; and WHEREAS, the Parking Department will assess an annual increase on the monthly rate for years two through five of the Agreement, and on any renewal of the Agreement, said increase based 123 on the Consumer Price Index (CPI) or any parking rate increase in the monthly rate, as adopted by the Mayor and City Commission, whichever may be greater; and WHEREAS, the Parking Department has determined that BVI's request, and the resultant Agreement, is reasonable and consistent with the proposed redistribution of permit parking in the Lincoln Road Area and compatible with the Parking Department's Lincoln Road Parking Study and companion Redistribution Proposal; and WHEREAS, the Planning Department has determined that the proposed use which is the subject of this Agreement is in keeping with City goals and objectives and conforms to the City Comprehensive Plan; and WHEREAS, the Administration recommends that the Mayor and City Commission adopt the foregoing Agreement and further waive, by 5/7ths vote, the advertised public bidding and independent appraisal requirements, as required by Ordinance No. 92-2783, finding that the best interest of the City would be served, in furtherance of the City's ongoing efforts to continue to develop the local presence of the entertainment ind~stry and, as a component thereof, recognizing the need to address parking requirements for employers and employees of that industry. NOW, THEREFORE, in consideration of the covenants and agreements herein co~tained, and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the City and BVI covenant and agree as follows: 1. The City hereby grants to BVI, and BVI hereby accepts from the City, permission to use fifty (50) parking spaces in the Garage, in conformance with the purposes and for the period stated herein, and subject to all the terms and conditions herein. 2. PERMIT FEE. During the first year of the Agreement, BVI shall pay to the City a Permit Fee of $50.00 per space, per month, plus all applicable taxes. The Permit Fee shall be payable, in advance, on a quarterly basis. The Permit Fee shall be adjusted upward annually upon each anniversary of the Agreement, including any renewal terms, if applicable, in accordance with (i) any increase in the Consumer Price Index (CPI), as reported in the most recent applicable circular for the Miami Standard Metropolitan Statistical Area by the U.S. Department of Labor, Bureau of Labor Statistics or; in the alternative, (ii) any rate increase in the monthly parking rate, as adopted by the City, whichever may be greater. 3. The City shall specifically designate the location of the fifty (50) parking spaces which are the subject of this Parking Agreement, said location, generally, to be on the fourth floor (roof top) of the Garage. All rules and regulations pertaining to such parking spaces, shall be as determined by the City. During select special events, (Boat Show, Art Deco Weekend, Auto Show, etc.), the City of Miami Beach reserves the right of the facility. During these events, BVI is responsible for finding alternative parking if facility is full. 2 124 4. TERM. The initial term of this Parking Agreement shall be for five (5) years from the date of execution of this Agreement. At the sole discretion of the City, this Agreement may also be extended for one additional five (5) year renewal term, provided that BVI shall request this extension from the City at least ninety (90) days prior to the expiration of the initial term and that the Agreement is in good standing at such time. 5. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a co-partnership between the City and BVI or to constitute BVI as an agent of the City. 6. MAINTENANCE. The City agrees to furnish to BVI the designated spaces on the fourth floor of the Garage. The City agrees to provide such designated spaces in their "as is" condition and to perform necessary maintenance on the Garage, as is customary with maintenance performed by the City at all other comparable City-owned garages. 7. ASSIGNMENT: SUBLET. BVI may not sublet, assign, or otherwise transfer this Agreement, or any part thereof, without obtaining the prior written consent of the City. 8. USE OF THE GARAGE IS PRIMARY. The Garage is for the use of the public and the public's right to such use shall not be infringed upon by any activity of BVI, other than the privileges expressly granted by the City to BVI herein. 9. .PERMITS: LICENSES: TAXES. BVI shall be solely responsible for payment of any and all necessary permits, licenses and taxes that may be levied as a result of its use of the Garage under this Agreement. In addition, BVI shall comply with all rules, regulations and laws of the City of Miami Beach, Dade County, the State of Florida, or the U.S. Government now in force or hereafter to be adopted. 10. DEF AUL T IN PAYMENT. Payment of the Pennit Fee and any other fees due must be submitted to the City within thirty (30) days after they are billed. In the event BVI fails to pay this consideration within five (5) days of such due date, there shall be a late charge of $50.00 for such late payment, in addition to interest at the yearly rate of 18 percent (18%) or the highest rate allowable by law, whichever is greater. If the payment and accumulated daily penalties are not received within fifteen (15) days after the normal quarterly payment due date, then the City, at its sole option, may terminate this Agreement. 11. FORCE MAJEURE. If closure of the Garage is due to fire damage, flood, civil disorder, Acts of God, etc., the City may, at is sole option, terminate this Agreement without liability to the City. 12. COOPERATION. BVI agrees to cooperate with the City in the conduct of surveys, to provide reports of visitor contacts, and to respond to department inquiries about public usage of the Garage (to the best of its knowledge) . 3 125 13. INSPECTION. BVI acknowledges that the Garage may be inspected at any time by authorized representatives of the City or by any other State, County, or municipal officer or agency having responsibilities for such inspections. 14. WAIVER OF INTERFERENCE. BVI hereby waive~ all claims for compensation for loss or damage sustained by reason of any interference with the use of its designated spaces in the Garage, as set forth herein, by any public agency or official in enforcing their duties or any laws or ordinances, and any such interference shall not relieve BVI from any obligation. hereunder. 15. WAIVER OF LOSS FROM HAZARDS. BVI hereby expressly waives all claims for loss or damage sustained by BVI as a result of its use of the designated spaces in the Garage, as set forth herein, from fire, water, tornado, hurricane, civil commotion or riot; and BVI hereby expressly waives all rights, claims, and demands and forever releases and discharges the City of Miami Beach, Florida, from all demands, claims, actions and causes of action arising from any of the aforesaid causes. 16. NO IMPROPER USE. BVI will not use, nor suffer or permit any person to use, in any manner whatsoever, its assigned spaces for any improper, immoral or offensive purpose, or for any purpose in violation of any Federal, State, County, or municipal ordinance, rule, order, or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. BVI will protect, indemnify, and forever save and keep harmless the City, its agents, officers, and employees, and individual members thereof and their agents, from and against damage, penalty, fine, judgment, expense or charge suffered, imposed, assessed or incurred for any violation, or breach of any law, ordinance, rule, order or regulation occasioned by any act, neglect or omission ofBVI or any employee, person or occupant. In the event of any violation by BVI, or if the City or its authorized representative shall deem any conduct on the part of BVI, as related to its respective obligations under this Agreement only, to be objectionable or improper, the City shall have the right to terminate this Agreement should BVI fail to correct any such violation, conduct, or practice, to the satisfaction of the City within twenty-four (24) hours after receiving notice of the nature and extent of such violation, conduct, or practice. 17. DEFAUL T AND TERMINATION. If BVI fails to comply with any of the terms and conditions hereof except for non-payment of rent which is separately treated in Paragraph 10 hereof, and such default is not cured within fifteen (15) days after written notice is given to BVI, the City shall have the right to immediately terminate this Agreement and revoke the privilege of BVI to use the Garage for the purposes stated herein. Continued occupancy of the Garage after termination of the privilege shall constitute trespass by BVI, and may be prosecuted as such. In addition, BVI shall pay to the City one hundred dollars ($100) per day as liquidated damages for such trespass and holding over. At its option, the City may also pursue any and all legal remedies available to seek redress for such default. 18. PRIVILEGE. It is the intent of the City, and it is acknowledged by BVI, that this Agreement shall not, as against the City, vest any right in BVI, and shall be deemed only the grant 4 126 of a privilege to BVI to carry out the terms of this Agreement on property of the City so long as such Agreement or privilege shall be in force. 19. NOT A LEASE. It is expressly understood and agreed that no part, parcel, building, structure, equipment or space is leased to BVI; that BVI is a Permittee and not a Lessee; that BVI's rights under this Agreement shall continue only so long as it complies with the undertakings, provisions, agreements, stipulations and conditions of this Parking Permit Agreement. 20. NO DISCRIMINATION. BVI agrees that there shall be no discrimination as to race, sex, color, creed, sexual orientation, or national origin in the privilege conferred unto BVI by this Agreement; and further, there shall be no discrimination regarding any use, service, maintenance, or operation of the designated spaces in the Garage by BVI. 21. CITY CONTROLS GARAGE. Nothing in this Agreement will preclude the City from using the Garage for public and/or civic purposes as deemed necessary. 22. FLORIDA LA WNENUE. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. This Agreement shall be enforceable in Dade County, Florida, and iflegal action is necessary by either party with respect to any enforcement of any or all of the terms or conditions contained herein, exclusive venue for the enforcement of same shall lie in Dade County, Florida. 23. LIMITATION OF LIABILITY. The City desires to enter into this Agreement only if in so doing the City can place a limit on its liability for any cause of action for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach of contract be limited to a maximum of $5,000.00. Accordingly, and notwithstanding any other term or condition of this Agreement, BVI hereby agrees that the City shall not be liable to BVI for damages in an amount in excess of $5,000.00, for any action or claim for breach of contract arising out of the performance or non-performance of any obligation imposed upon the City by this Agreement. Nothing contained in this paragraph or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon the City's liability as set forth in Florida Statutes, Section 768.28. 24. NOTICES. All notices, requests, demands, consents, approvals and other communications which are required to be served or given hereunder, shall be in writing and shall be sent by registered or certified United States Mail, return receipt requested, postage prepaid, addressed to the party to receive such notices as follows: TO PERMITTEE Broadcast Video Inc. 20377 N.E. 15th Court Miami, Florida 33179 Attn: Mr. Rick Legow, President 5 127 TO CITY: Office of The City Manager Attn: Jose Garcia-Pedrosa, City Manager 1700 Convention Center Drive Miami Beach, FL 33139 (305) 673-7010 WITH COPIES TO: Office of the City Attorney Attn: Murray H. Dubbin, City Attorney City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 and Parking Department Attn: Jacqueline Gonzalez, Acting Parking Director 777 17th Street Suite 200 Miami Beach, Florida 33139 Either party may by written notice change its address for all subsequent notices. Notices given in compliance with this section shall be deemed given when placed in the mail. IN WITNESS WHEREOF, the parties hereto have caused their names to be signed and their seals to be affixed; all as of the day and year first above written. ATTEST: CITY OF MIAMI BEACH BY: CITY CLERK MAYOR ATTEST: BROADCAST VIDEO, INC. BY: SECRETARY PRESIDENT (CORPORATE SEAL) A:\BROADCST.VID APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 6 't&114R:!~ 1,--g-97 Date 128 m CITY OF MIAMI BEACH PLANNING, DESIGN & HISTORIC PRESERVATION DIVISION From: Jose Garcia-Pedrosa ~ Dean J. Grandin, Deputy Directo~ ~ Development, Design and Historic Preservation Services To: Date: December 31, 1996 Planning Department Study of Parking Lease Agreement Between Broadcast Video Inc. and The City of Miami Beach Subject: Pursuant to City of Miami Beach Ordinance 92-2793, the following is an analysis of the proposed parking agreement between The City of Miami Beach and Broadcast Video Inc. for the use of fifty (50) parking spaces in the 17th Street Municipal Garage, located on 17th Street between Meridian Court and Pennsylvania Avenue. Ordinance #92-2783 requires that an analysis be undertaken using the following criteria as described herein. What follows is each of the criteria and a response to each. 1. Whether or not the proposed use is in keeping with City goals and objectives and conforms to the City comprehensive plan. The current Land Use designation of the site on the Future Land Use Map of the City's Comprehensive Plan is, PF - Public Facility. The lease agreement does not change the use of the site. Broadcast Video is a post production company planning to move operations to the City of Miami Beach. The company plans to move to the Sony Building on Lincoln Road and their move is dependent upon 50 parking spaces for their employees. The parking agreement is in keeping with the City's policy to establish the City of Miami Beach as the hub of the film and entertainment industry in the Southeastern United States. 2. The impact on adjacent property, including the potential positive or negative impacts such as diminution of open space, increased traffic, improved development patterns and provision of necessary services. Based on the proposed use of the property, the City shall determine the potential impact of the project on City utilities and other infrastructure needs and the magnitude of costs associated with needed infrastructure improvements. Should it become apparent that further evaluation of traffic impact is needed, the proponent shall 129 be responsible for obtaining a traffic impact analysis from a reputable traffic engineer. There should not be any adverse impact on adjoining property. The site is currently a garage and the lease of 50 spaces will not affect the traffic flow in and around the site. If these spaces were not leased to Broadcast Video, the employees would still be using the garage because the Sony Building (601 Lincoln Road) has no parking. 3. A determination as to whether or not the proposed use is in keeping with a public purpose and qommunity needs, such as expanding the City's revenue base, reducing City costs, creating jobs, creating a significant revenue stream and improving the community's overall quality of life. The proposed use is in keeping with the public purpose of serving the needs of the business and community residents. The moving of Broadcast Video to Miami Beach furthers the City's goal of becoming the center of the film and entertainment industry in the Southeastern United States, while simultaneously expanding the City's revenues and creating job opportunities for residents. 4. Determination as to whether or not the development is in keeping with the surrounding neighborhood, will block views, or create other environmental intrusions, and evaluation of the design and aesthetic considerations of the project. The proposed lease will not change the design or physical character of the municipal parking garage. 5. The impact on adjacent properties, whether or not there is adequate parking, street, and infrastructure needs. The municipal garage is currently used by the buildings on Lincoln Road for their parking needs. This agreement will not change that, but only creates a steady stream of revenue that the City can use for maintenance of the parking facility. 6. A determination as to whether or not alternatives are available for the proposed disposition, including assembly of adjacent properties, and whether the project could be accomplished under a private-ownership assembly. This item does not apply. 7. Within the constraints of public objectives, the department should examine financial issues such as job generation, providing housing opportunities, and the return to the City for its disposition of property. 130 The Parking Department will be bringing to the Mayor and the City Commission a resolution to standardize fees charged for monthly parking in municipal facilities, and will recommend a $50.00 plus tax monthly parking rate. This is the same rate proposed for Broadcast Video Inc. This agreement will provide a steady stream of money to the City which will aid in the operation of the municipal parking facility. 8. Such other issues as the Planning Department may deem appropriate in analysis of the proposed disposition. None F:\PLAN\$ALL\CC _MEMOS\BROADVID.96 + 131 CITY OF MIAMI BEACH PARKING DEPARTMENT MEMORANDUM DATE: December 26, 1996 TO: Dean Grandin, Deputy Director DDHP FROM: Jacqueline Gonzalez, Acting Park' g SUBJECT: The City Commission is hearing the attached Commission Memorandum and Resolution Wednesday, January, 8, 1997. Raul Aguilar of the City Attorney's Office has advised me that the pending lease of 50 parking spaces in the 17th Street garage for a term of five years, requires a Planning Department Study and Analysis as required by Section 3 of the Shapiro Ordinance. The terms of the agreement are as follows: * 50 parking spaces on the 4th floor of the 17th Street Municipal Garage * The term ofthe lease is for five years with City's option to renew * Parking will be available to the lessor 24 hours per day, seven days per week * Rate per space $50 plus tax per month, payable in advance quarterly If you need any further information, please contact Brian Bartholomew, Assistant Director of Off-Street Operations at ext. 6863. cc: Sergio Rodriguez, Deputy City Manager Raul Aguilar, First Assistant City Attorney Brian Bartholomew, Assistant Director, Off-Street Operations r- ~: '"':-:-:- t, ~.' I _..-:" ;-j -,- _. .~ ,;-} ;',) ;---' \,.) .;. . ,~ c~ --\ '=' f'..) ,~ ~, 132 CITY OF MIAMI BEACH CITY HALL t700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010 FAX: (305) 673-nS2 December 16, 1996 HAND-DELIVERED Ms. Mera Rubell JJR Properties 605 Lincoln Road Miami Beach, Florida 33139 Re: Parking Agreement with Broadcast Video, Inc. Dear Mera: This letter confirms the arrangements that we are making in order to assist your tenant, Broadcast Video, Inc. (BVI), in connection with providing them with 50 spaces for parking at the 17th Street Garage. In compliance with the applicable legal requirements, the City is prepared to enter into a Parking Agreement with BVI for a term of 5 years, at market rates beginning with $50.00 at present, for spaces to be assigned by the City's Parking Director. The City Attorney has advised us that an appraisal must be made of the lease value of those spaces and that a public hearing must be scheduled and advertised to waive competitive bidding requirements. To expedite the matter, we have placed on the consent agenda of the City Commission meeting on Wednesday a scheduling of that public hearing for January 8, 1997, and we are preparing the pertinent documentation. We anticipate that the matter will be finalized immediately after the January 8 City Commission meeting. As I indicated to you, it is the responsibility of the applicant, your tenant, to procure an appraisal, but unless I hear from you to the contrary, we shall assist further by ordering the appraisal on an expedited basis, paying for it, and then sending BVI the bill for reimbursement. As I have also mentioned to you, the last time the City did a transaction like this, the Lessee made substantial monetary commitments to the City as part of the consideration for the transaction. It is a concrete sign of our desire to promote the production industry in Miami Beach with entities such as BVI, that we are not imposing such requirements in this transaction. 133 If any aspect of this letter is not in keeping with our prior conversation, or is otherwise not acceptable to you or your tenant, please let me know immediately and in any case prior to the start of the December 18, City Commission Meeting. Sincerely, ose Garcia-Pedrosa City Manager JGP:rr \rrub \data6\corresp\rubell.ltr 134