2000-23994 ResoRESOLUTION NO. 2000-23994
RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA,
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AN AMENDED AND
RESTATED/CONSOLIDATED LEASE AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND MIAMI
BEACH JEWISH COMMUNITY CENTER, INC. FOR A
PARCEL OF LAND AND FACILITIES LOCATED IN
WOFFORD PARK AT 4221 - 4229 PINE TREE DRIVE, MIAMI
BEACH, FLORIDA FOR USE AS A COMMUNITY
RECREATIONAL AND SERVICES CENTER, FURTHER
CONFIRMING THE DEVELOPMENT REGULATIONS THAT
APPLY TO THE SITE, AND WAIVING BY 5/7mS VOTE THE
PUBLIC BIDDING AND APPRAISAL REQUIREMENTS,
PURSUANT TO SECTION 82-39 OF THE CITY CODE,
FINDING SAID WAIVER TO BE IN THE BEST INTEREST
OF THE CITY; AND APPROVING THE INDEMNIFICATION
AND REIMBURSEMENT AGREEMENT.
WHEREAS, on June 3, 1981 the City first leased to the Jewish Community Centers of South
Florida, Inc., City property at 4221 Pine Tree Drive, also known as lots 5, 6 and 7 of Flamingo Bay
Subdivision, as recorded in Plat Book 6 at Page 101 of the public records of Miami-Dade County,
Florida. (Resolution 81-16678); and
WHEREAS, the City's lease was amended and extended on three occasions, such that the
present lease term extends through to October 31, 2015, with two additional ten-year options, and
is now assigned to Miami Beach Jewish Community Center, Inc., a not-for-profit corporation
(Resolutions 84-17863, 85-18280, and 88-19226); and
WHEREAS, the Jewish Community Center has expressed its desire to raise and expend $2
million in the property through the construction of a new facility; and
WHEREAS, the Jewish Community Center has provided recreational programs, including
organized and infmmal athletic activities for adults and children, physical fitness programs for senior
adults and children; children's day camp; cultural activities and events; informal adult education;
social events for children, teens, families, adults and seniors; meeting space for civic, cultural,
educational and religious organizations, and social services necessary to support the functioning of
the social, recreational and educational goals and programs at the site, including for example,
nutritional meal programs for senior citizens; and
WHEREAS, the Jewish Community Center has requested that in order to accomplish the
construction of its new facility it would desire a 99-year lease, in light of the considerable investment
it proposes to make on this City property; and
WHEREAS, certain approvals are necessary before the City can enter into the proposed
lease, including a determination of applicable development regulations and appropriate uses for this
GU property (Miami Beach Code §§142-422, -423 & 425(a); Planning Director analysis and
determination of waivers of public bidding and appraisals under Miami Beach Code §82-38 & -39;
and an approval in an election by a majority of residents residing in voting precincts located within
one mile of the property, Miami-Dade County Charter §6.02); and
WHEREAS, this resolution is intended to provide all the necessary approvals and
authorizations for the lease of the property, subject to the determination of the voters by election as
provided for in Miami-Dare County Charter §6.02, and which election is authorized by separate
resolution, and subject to other provisions in the City's Land Development Regulations not
discussed above.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that:
The City Commission accepts the analysis of the Planning Director under Miami
Beach Code §82-38 as fully informing the Commission of the various required
criteria in such code section and conditions involving the proposed lease of the
subject property.
The City Commission approves the waiver of public bidding and appraisal of the
property, finding that the public interest would be served by waiving such conditions.
The City Commission approves the uses proposed in the lease of the subject property
to the Jewish Community Center, even though such uses are not expressly provided
for in the GU section of the Land Development Regulations, as permitted under
Miami Beach Code § 142-422.
The City Commission approves the private use of the property in this GU zone as
proposed in the lease with the Jewish Community Center, as permitted under Miami
Beach Code §142-423.
The City Commission approves the development regulations proposed by the
Planning Director for this private use of GU property, as required under Miami
Beach Code §142-425(a), specifically: setbacks from the RM-3 district and RS-1
district (fi'ont: 20 feet; side: south yard - 8% of lot width, 24 feet; north yard - 12.5%
of lot width, 37.5 feet; rear: 12.5% of lot depth), the FAR from the ROS designation
in the comprehensive plan of.5; height from the RS district of 25 feet or 50% of lot
width, whichever is greater, up to a maximum of 33 feet.
o
The City Commission authorizes the Mayor and City Clerk to execute the Amended
and Restated/Consolidated lease with the Jewish Community Center substantially in
the form attached to the Commission memorandum on this item, subject to and
following the approval by a majority of the residents residing in voting precincts any
part of which is within one mile of the subject property, at an election authorized by
separate resolution of this Commission.
The City Commission authorizes the Mayor and City Clerk to execute the separate
agreement with the Jewish Community Center that provides the JCC will indemnify,
hold harmless and defend the City in connection with its actions concerning the
Lease and the referendum, and will reimburse the City for its costs in connection
with the referendum.
PASSED and ADOPTED this 12th day of July ,2000.
ATTEST:
CITY CLERK
MAYOR
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
(~it~ ~[(t~rney
?-6
Date
T:~AGI~NDAL2000~JUL 1200~EGULAR~JCC.~
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLOR DA 33139
http:\\ci.miami-beach.fl,us
COMMISSION MEMORANDUM NO. ~-~ [ ~C)C.~
TO:
FROM:
SUBJECT:
Mayor Neisen O. Kasdin and DATE: July 12, 2000
Members of the City~'on
Lawrence A. L~evy .\~},-J ~ PUBLIC HEARING
City Manag~
A RESOKIJTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AN AMENDED AND
RESTATED/CONSOLIDATED LEASE AGREEMENT BETWEEN THE
CITY OF MIAMI BEACH AND JEWISH COMMUNITY CENTER, INC.
FOR A PARCEL OF LAND AND FACILITIES LOCATED IN WOFFORD
PARK AT 4221 - 4229 PINETREE DRIVE, MIAMI BEACH, FLORIDA FOR
USE AS A COMMUNITY RECREATIONAL CENTER AND SERVICES;
FURTHER CONFIRMING THE DEVELOPMENT REGULATIONS THAT
APPLY TO THE SITE AND WAIVING BY 5/7Tas VOTE THE PUBLIC
BIDDING AND APPRAISAL REQUIREMENTS, PURSUANT TO SECTION
82-39 OF THE CITY CODE, FINDING SAID WAIVER TO BE IN THE BEST
INTEREST OF THE CITY; AND APPROVING THE INDEMNIFICATION
AND REIMBURSEMENT AGREEMENT.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
BACKGROUND
On June 3, 1981 the City first leased to the Jewish Community Centers of South Florida, Inc., City
property at 4221 Pine Tree Drive, also known as lots 5, 6 and 7 of Flamingo Bay Subdivision, as
recorded in Plat Book 6 at Page 101 of the public records of Miami-Dade County, Florida.
(Resolution 81-16678). The City's lease was amended and extended on three occasions, such that
the present lease term extends through to October 31, 2015, with two additional ten-year options,
and is now assigned to Miami Beach Jewish Community Center, Inc., a not-for-profit corporation
(Resolutions 84-17863, 85-18280, and 88-19226).
On March 1.5, 2000, the City Commission referred a request by the Miami Beach Jewish Community
Center, Inc. ("JCC") to consider several amendments to their lease, to the Planning Board. The
proposed expansion of the JCC will require an amendment to the existing Lease Agreement to clarify
the uses of the property, will extend the lease term for 99 years and will allow the structure to be
rebuilt or modified to increase its floor area to the maximum allowable FAR, which is .5.
T: ~AGENDA\2000~J UL 1200~REGULAR~JCC.CM
DATE ~-~ -- ~ 2 -- (~ ~
July 12, 2000
Commission Memorandum
Jewish Community Center
Page 2
On April 25, 2000, the proposed project was conceptually reviewed by the City's Planning Board
in accordance with Section 142-423 of the City Code. The Planning Board recommends that the
proposed uses be approved based upon the concept plan, prepared by STA Architectural Group as
submitted to the Planning Board (see attached Exhibit 1).
On May 10, 2000, a public heating was scheduled for June 7, 2000 to consider the Amended and
Restated/Consolidated Lease Agreement. On June 7, 2000, the City Commission opened and
continued the referenced public hearing to July 12, 2000.
Development Regulations:
The subject City land is presently zoned Government Use (GU). The proposed private development
represents private use in the GU district. Pursuant to Section 142-423 of the City Code, any such
use requires review by the Planning Board prior to approval by the City Commission. On April 25,
2000, the JCC presented its proposal to the Planning Board for their review, outlining the uses and
setting forth the applicable development regulations.
Pursuant to Section 142-425 of the City Code, the City Commission must confirm the development
regulations that apply as a result of such proposed private use, to be the average of the requirements
in the surrounding districts, as determined by the Planning and Zoning Director. The Planning and
Zoning Director has determined that the following regulations would apply:
Setbacks (fi.om the RM-3 Zoning District/RS-1 Zoning District):
Front: 20 feet
Side: South side yard - 8% of lot width: 24 feet (RM-3)
North side yard - 12.5% of lot width: 37.5 feet (RS-l)
Rear: 12.5% of lot depth (average of RS-1/RM-3)
Floor Area Ratio (FAR)(from the ROS land use designation):
Maximum FAR: 0.5
Building Height (from the RS-1 Zoning District):
Maximum Height:
25 feet, or 50% of lot width, whichever is greater, up to a maximum
of 33 feet
County_ Charter:
Additionally, the proposed lease amendment is subject to the provisions of Miami-Dade County
Charter section 6.02(J) requiting submittal of the sale or lease or extension of any existing lease of
city-owned "mini or neighborhood parks" to an election, and would thus require submittal of the
proposed lease extension to voters residing within precincts located within 1 mile of the subject
property.
T:~AGENDA~000~/UL 1200~REGULAR~ICC.CM
July 12, 2000
Commission Memorandum
Jewish Community Center
Page 3
As Miami-Dade County Charter section 6.02, restricting the sale or lease of city-owned mini or
neighborhood park land applies to this transaction, the Commission is concurrently adopting a
Resolution placing the matter on the ballot for consideration by voters residing "in voting precincts
any part of which is within 1 mile of the park [to] authorize such sale or lease by majority vote."
Any proposed lease amendments would be subject to the affirmative vote of such electorate.
City_ Code:
Pursuant to the provisions of Section 82-36 through 82-40 (the "Shapiro Ordinance"), the lease of
any City-owned property for a period of five years or more, including option periods, is subject to
the following conditions:
· a Planning Department analysis
· a public hearing to obtain citizen input
· an advertised public bidding process
· an independent appraisal to determine the fair market or rental value of the property
Said Ordinance further provides that except for the public hearing and the Planning Department
analysis, the above referenced conditions may be waived by a 5/7tbs vote of the City Commission
upon a finding that the public interest would be served by waiving such conditions. As such,
waivers will be required for the public bidding process and independent appraisal for this transaction.
A public hearing has been scheduled on this date, and the Planning Department analysis of the
proposed Lease Agreement is attached for City Commission consideration (see Exhibit 2).
ANALYSIS
The Amended and Restated/Consolidated Lease incorporates the following provisions:
· Term will be extended for 99 years, to 2099.
· Permitted uses will include recreational, cultural, educational, social service and minor and
incidental religious uses.
· Provides for payment of fair market value and appraisal methodology for the area to be used
for religious services and use fees for expanded religious uses limited to a maximum of 10
holidays per year.
· Sets forth construction parameters, specifically addressing review requirements, construction
commencement and completion deadlines. The lease requires a minimum initial investment
of $2 million in improvements for which a building permit must be issued by five (5) years
from the commencement of the Lease, subject to reasonable extensions.
· Construction which is presently restricted to two (2) lots will be permitted on all three (3)
lots, in accordance with the concept plan.
· In the event the referendum fails, the lease shall revert to the existing lease term.
· Lessee agrees to indemnify, defend and hold the City harmless in the event of challenges to
the lease and referendum.
· By separate agreement, the JCC agrees to hold harmless, indemnify and defend the City from
challenges related to the Lease and referendum, from the time of the adoption of the subject
resolutions, and reimburse the City for all costs associated with the referendum.
T:~AGENDA~20~O~IUL 1200~REGULAR~JCC,CM
July 12, 2000
Commission Memorandum
Jewish Community Center
Page 4
RECOMMENDATION:
It is recommended that the Mayor and City Commission adopt the attached Resolution and approve
the Amended and Restated/Consolidated Lease Agreement subject to approval by a majority of the
voters residing in precincts located within one (1) mile of the subject property; waive by 5/7ihs vote
the public bidding and appraisal requirements, pursuant to Section 82-39 of the City Code, finding
said waiver to be in the best interest of the City; approve the development regulations required by
City Code Section 142-425; and approve the separate agreement with the JCC regarding
indemnification and recovery of costs for the referendum.
T:~AGENDA~000~JUL 1200'uREGULAR~JCC. CM
attachments
EXHIBIT 1
__J
CITY OF MIAMI BEACH
PLANNING DEPARTMENT
EXHIBIT '2
To~
From:
Date:
Subject:
Christina M. Cuervo
Assistant City Manager
G. Gomez ~
Jorge
Planning and Zonin'~Director
May 10, 2000
Analysis of the City Owned Property at 4221~4229 Pinetree Drive
(Wofford Park) for the operation of the Jewish Community Center
(Ordinance 92-2783)
Pursuant to your request, this memorandum serves to provide an analysis of the lease of
City Owned Property at the subject property.
Ordinance 92-2783 of the City of Miami Beach requires that any proposed sale or lease
of city-owned land be analyzed from a planning perspective in order that the City
Commission and the public are fully apprised of all conditions relating to the proposed sale
or lease. What follows, herein, are each of the eight criteria prescribed in said ordinance
and a response to each:
Whether or not the proposed use is in keeping with City goals and objectives
and conforms to the City Comprehensive Plan.
The property in question, Wofford Park, has been the site of a Jewish Community
Center since 1981. The Future Land Use Map of the City's Comprehensive Plan
designates the site as ROS, Recreation and Open Space.
The expansion and continued operation of the Jewish Community Center, if limited
to recreational and limited educational uses, would conform to the land use
designation contained in the Comprehensive Plan, and would be consistent with the
activities and operations of other park facilities within the City.
The impact on adjacent property, including the potential positive or negative
impacts such as diminution of open space, increased traffic, noise level or
enhanced property values, 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 be responsible for
obtaining a traffic impact analysis from a reputable traffic engineer.
F:\PLAN\$PLB~APRIL~JCC 1449~JCCSHAP.WPD
Analysis of the City Owned Property
4221-4229 Pinetree Drive
Page 2
The site has been used for this purpose since 1981, the continued used of the site
as a jewish community center should not have any negative impact on the
surrounding area.
A determination as to whether or not the proposed use is in keeping with a
public purpose and community 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 Miami Beach Jewish Community Center has become an important facility for
many of the residents of the City. The facility's p.resence has improved the
community's overall quality of life, without entailing any significant financial
expenditures from the City.
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 facility is already in operation, and does not seem to have created significant
negative effects on the surrounding neighborhood. The current facility's design
does partially block the view towards the waterway located behind the building.
However, while no plans have been submitted to date, the future expansion plans
could be designed in such a way that best minimizes the blockage of views to the
water.
The impact on adjacent properties, whether or not there is adequate parking,
street, and infrastructure needs.
The existing project provides on-site parking for its users. An expansion of the
facility most probably would require more parking spaces; however, the extra
parking required would be provided on-site. Since the facility is in currently in
operation, no further infrastructure needs are anticipated.
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.
Analysis of the City Owned Property
4221-4229 Pinetree Drive
Page 3
This criterion is not applicable as the facility is already in operation.
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.
The existing facility slightly increases the job base of the City (e.g., recreation
leaders, instructors, etc.). The proposed expansion of the facility would have the
potential to further increase this job base to a moderate degree. No housing
opportunities are created under the current facility or the proposed expansion.
Such other items as the Planning Department may deem appropriate in
analysis of the proposed disposition.
Planning Staff has not identified any further items.
JGG/RGLIrgl
F:\PLAN~PLB~APRIL~JCC 1449~JCCSHAP,W PD
F:\PLAN\$PLB~APRIL~J CC 1449~J CCSHAP.WP D 3
THU I3:04 FAX 30§5738115
Mb~m~ ~each Sewis~ Co~u~ty Center
]~:.~ Din~, MSW
Mamh 8, 2000
Honorable Ne]sen O. Kasdin
Mayor
City of Miami Beach
1700 Convention center Drive
Miami Beach, FL 33139
Dear MayOr Kasdin:
I am wdting to request that you present.before the City Commission our request to
amend the terms of the lease betwccn the Miami Beach Jewish community Center, inc.
located at 4721.4229 Pine Tree Ddve, and the City of Miami Beach.
We would like to amend the lease in the following manner:.
a) extend the lease from its current expiration date in the year 2035 to a new 99
year lease, to begin immediately upon Commission approval;
b) amend the ]ease so that all three lots (Lots 5, 6 and 7) can be used for a
recreational center and mini-park instead of the current restriction that only lot
5 can be used for a recreational center;
c)
cladfy that the use of the property as a recreational center includes, but is not
limited to the following: recreational activities including organized and informal
athletic activities for adults and children, recreational activities for physical
fitness programs for senior adults and children; children's day camp; cultural
activities and events; informal adult education; social events for children,
teens, families, adults and seniors; meeting space for civic, cultural,
educational and religious organizations; and social services necessary to
support the functioning of the social, recreational and educational programs at
the site. (An example being a nutritional meal program for senior citizens.)
These programs all conform with the known definitions of programs and
services that are provided at Jewish Community Centers tn Dada County and
throughout NoAh America, and are compatible with programs that are being
offered or being planned in theCity of Miami Beach for its parks such as
North Shore Park and Youth Center. These programs are offered now at the
JCC and we wish to expand these programs to meet the increased needs of
the population.
,4 ~'~F ~g~n~y of tl~ Gr~.Miami J~i~h F~_ ~ion
II
26
03~109/00 TIIU 13:04 FAX 3015573g115 ~JF
~]003
After a period to investigate other models of JCC's which may be applicable to our
"urban" model, we will present a plan to expand the facility to enable us to increase the
services offered and the number of people that can use the facility. The improvements
we would make could include a multi-purpose room for athletic, cultural and social
activities, activity and meeting rooms, office space for staff to support the programs
offered and other facilities that support the use of the space for recreational, cultural and
social events.
Attached please find a general description of the current usage of the facility along with
the proposed usages under the new lease upon completion of an expansion.
., We appreciate your assistance in initiating the process for these changes to take place.
Sincerely,
David IA. Smith
Chair, Miami. Beach Jewish Community Center, Inc.
CC:
Murray Dubbin, City Attorney
Gary M. Held, First Assistant City Attorney
Lawrence A. Levy, City Manager
· Jorge Gomez, Ptanning Department Director
Howard Lenard, City Attorney, North Miami Beach
Rabbi Gary Glickstein
Norman Braman
Jacob Solomon
Harry B. Smith, Esq.
AMENDED AND RESTATED/CONSOLIDATED LEASE
made and entered into at Miami Beach, Miami-
THIS INDENTURE (the ~/~_. ease"), ~
Dade County, Florida, this /o~"~lay of ,2000, by and between:
CITY OF MIAMI BEACH,
a Florida municipal corporation
(hereinafter referred to as "Lessof')
and
MIAMI BEACH JEWISH COMMUNITY CENTER, INC.
a Florida not-for-profit corporation
(hereinafter referred to as "Lessee")
WITNESSETH:
WHEREAS, the Lessor is the owner of the fee simple title in and to that certain
property located at 4221 Pine Tree Drive, Miami Beach, Florida, hereinafter demised and
described (the "Property"); and
WHEREAS, the Lessor and the Lessee are parties to certain Prior Agreements,
specifically the Lease Agreement dated June 3, 1981 (approved by Resolution 81-16678),
the Amendments to Lease Agreement (approved by Resolution 84-17863), the Second
Amendment to Lease Agreement dated November 21, 1985 (approved by Resolution 85-
18280), and the Assignment of Lease Agreement dated April 11, 1988 (approved by
Resolution 88-19226), (collectively the "Prior Agreements") for the use of the Property for
a recreational community center; and
WHEREAS, the parties wish to amend the Prior Agreements to enter into this
Amended and Restated/Consolidated Lease ("Lease") that will: (1) extend the lease term
to commence upon the execution of this Lease for 99 years; (2) establish the permitted
uses on the Property to coincide with the evolving character of the Jewish Community
Center; (3) provide for a procedure to approve improvements to the property to permit the
Lessee to invest funds for new facilities on the Property; and (4) provide for other
amendments to the Prior Agreements through this Lease, as agreed by the parties hereto,
and
WHEREAS, certain approvals are necessary before the City can enter into this
Lease, including a determination of applicable development regulations and appropriate
uses for this GU property (as provided in Miami Beach Code §§142-422, -423 & 425(a));
Planning Director analysis and City Commission determination of waivers of public bidding
and appraisals under Miami Beach Code §82-38 & -39); and an approval in an election by
a majority of residents residing in voting precincts located within one mile of the property
(under Miami-Dade County Charter §6.02).
NOW THEREFORE, the Lessor and the Lessee, for and in consideration of the
mutual covenants, agreements and undertakings herein contained, and in further
consideration of the payments herein mentioned, made and to be made, do by these
presents mutually covenant and agree as follows:
ARTICLE I
DEMISE BY LESSOR
1.1 Upon the terms and conditions herein stated, and in consideration of the
payment from time to time of the rents herein stated, and for and in consideration of the
prompt performance by the Lessee of all of the covenants hereinafter contained by the
Lessee to be kept and performed, the performance of which are declared to be an integral
part of the consideration to be furnished by the Lessee, the Lessor does hereby lease, let
and demise unto the Lessee, and the Lessee does hereby lease of and from the Lessor,
the following described property situate, lying and being in Miami-Dade County, Florida,
together with all buildings and other improvements located thereon, to-wit:
Lots 5, 6 and 7 of Flamingo Bay Subdivision, as recorded in
Plat Book 6 at Page 101 of the public records of Miami-Dade
County, Florida.
subject to the following:
(a) Conditions, restrictions and limitations, now appearing of
record;
(b) City and/or County Zoning Ordinances now existing, or which
may hereafter exist during the life of this lease;
(c) All matters shown on the Boundary Survey;
(d) All of the terms, covenants and conditions contained in this
Lease.
(e) The City Commission's determination by separate resolution of
applicable development regulations and appropriate uses for this GU
property (as provided in Miami Beach Code §§142-422, -423 &
425(a)); Planning Director analysis and City Commission
determination of waivers of public bidding and appraisals under Miami
Beach Code §82-38 & -39); and an approval in an election by a
majority of residents residing in voting precincts located within one
mile of the property (under Miami-Dade County Charter §6.02).
The Property is hereinafter sometimes referred to as either the "Demised Premises,"
"Premises," or "Property."
ARTICLE II - DURATION AND TERM
2.1 The duration and term of this Lease shall be for a period of ninety-nine (99)
years, commencing on the~"T~ day of IJoV ,2000 (the "Commencement Date") and
expiring on the '7 /'l'~day of ./d~ V, , 2099 (the "Maturity Date").
ARTICLE III - AMOUNT OF RENT
3,1 The Lessee covenants and agrees to pay to the Lessor an annual rental of
Ten Dollars ($10.00), payable annually in advance, the first such annual payment being
due and payable on the __ day of ,2000, and on the 1st day of__ each and
every year thereafter during the entire term of the Lease.
ARTICLE IV - USE AND POSSESSION OF DEMISED PREMISES
4.1 The Demised Premises shall be used by the Lessee solely and exclusively
as a Jewish Community Center and any and all activities related thereto. It is understood
and agreed that the Premises shall be used by the Lessee during the entire term of this
Lease only for the purposes described below and for no other purposes or uses
whatsoever. In the event that the Lessee uses the Premises for any purposes not
expressly permitted herein, such use shall be considered an Event of Default and the
Lessor shall be entitled to all the remedies set forth in Article XVII hereof, or without notice
to Lessee, restrain such improper use by injunction or other legal action. The activities and
uses permitted under this Lease shall be limited to and only include:
A recreational center, including but not limited to the following uses;
recreational activities including organized and informal athletic activities for
adults and children, recreational activities for physical fitness programs for
seniors, adults and children; children's day camp; cultural activities and
events; informal adult education; social events for children, teens, families,
adults and seniors; meeting space for civic, cultural, educational and
religious purposes (including for religious prayer in specially designated
areas as hereinafter provided); and social services necessary to support the
functioning of the social, recreational and educational programs at the site,
including, for example, nutritional meal programs for senior citizens.
Other activities normally conducted by Jewish Community Centers sponsored
by the Jewish Community Centers Association of North America, may be permitted on the
Property if approved by the City Manager, or City Commission after a duly noticed public
hearing. Additional uses not specifically enumerated above may be approved by the City
Commission after a duly noticed public hearing. In the event uses are introduced to the
Property that are deemed to be nonconforming because such uses do not fall within the
above list of permitted uses, and were introduced by the Lessee without City Commission
approval as provided for above, the Lessor may give Lessee notice default in accordance
with Article XVII, unless the Lessee terminates such uses until it obtains City Commission
approval. Failure of Lessee to terminate such nonconforming uses and request City
Commission approval for such use within thirty days after notice as provided for herein,
unless Lessee decides to abandon such nonconforming uses, shall entitle Lessor to
pursue the termination of this Lease as provided for elsewhere in this Lease.
ARTICLE V - TERMINATION OF PRIOR AGREEMENTS
5.1 Upon execution of this Lease the Prior Agreements between the parties set
forth above are hereby terminated and shall be of no further force or effect, except that
liabilities or obligations arising under the Prior Agreements shall continue to be binding on
the Lessee under this Lease.
ARTICLE VI - NET LEASE
6.1 Lessee shall pay to the Lessor absolutely net throughout the term of this
Lease, the rent and other payments hereunder, free of any charge, assessments,
impositions, expenses or deductions of any kind and without abatement, deduction or
setoff, and under no circumstances or conditions, whether now existing or hereafter arising,
or whether within or beyond the present contemplation of the parties, shall the Lessor be
expected or required to make any payment of any kind whatsoever (unless reimbursed by
Lessee) or be under any other obligation or liability as to the Premises, except as otherwise
specifically stated in this Lease; and the Lessee agrees to pay all costs and expenses of
every kind and nature whatsoever arising out of or in connection with the Premises that
may arise or become due during the term of this Lease.
ARTICLE VII - PROVISIONS REGARDING PAYMENT OF TAXES
7.1 Lessee covenants and agrees with Lessor that as a further consideration for
the making of this Lease, the Lessee is obligated to and will pay all taxes levied or
assessed at any or all times for and after the year in which the Commencement Date
occurs, and during the term hereby demised, by any and all taxing authorities, and
including not only ad valorem and personal property taxes, but also special assessments
and liens for public improvements, and including in general all taxes, sales taxes, tax liens,
or liens in the nature of taxes which may be assessed, levied or imposed against the
Demised Premises or this Lease, including the land and all buildings, (and such personal
property by way of furnishings or equipment which the Lessee has or may bring upon or
be obligated to bring upon the Property), during the term of this Lease or any of the Prior
Agreements; but in the event any of these taxes and assessments are payable according
to their terms in installments, then the Lessee shall have the rig ht to pay the same as such
installments fall due, provided that the Lessee must effect payment of these taxes not later
than thirty (30) days before the time when the nonpayment thereof would render them
delinquent. The parties agree that in the event any special assessments are payable in
installments, the Lessee shall be responsible for such installments during the term of this
Lease, and may pay such sums in installments, and the Lessor shall be responsible for any
such assessments extending beyond the term of this Lease.
7.2 If Lessee desires to contest the validity of any tax or tax claim, Lessee may
do so without being in default hereunder as to its obligation to pay taxes, provided Lessee
gives Lessor written notice of its intention to do so and furnishes Lessor with a bond from
a corporate surety qualified to do business in the State of Florida, in one and one-half
times the amount of the tax item or items intended to be contested, conditioned to pay the
tax or tax items when the validity thereof shall finally have been determined, which written
notice and bond shall be given by Lessee to Lessor not later than a day which is thirty (30)
days before the tax item or items proposed to be contested would otherwise become
delinquent. If prior to the giving of such bond, Lessee shall have paid into the Registry of
a court of competent jurisdiction a sum of money to pay or apply on the payment of such
taxes, and if such money is so paid into the Registry of the Court that it may never be
withdrawn excepting for its application upon the payment of the contested taxes without
the consent in writing of the Lessor hereunder first had and obtained, then the amount of
the bond required by the terms of this paragraph may be diminished by the amount so paid
into the Registry of the Court. If there shall have been paid into the Registry of the Court
in the manner prescribed hereinabove a sum equal to one and one-half times the amount
of the tax being contested, then no bond, as otherwise provided for in this Article, need be
given by Lessee to Lessor. None of the provisions of this Paragraph 7.2 shall be available
to Lessee unless and until the enforcement of the contested tax, whether by way of
issuance of Tax Certificates, Tax Deed, reversion to the taxing authority, or otherwise, is
fully enjoined by a court of competent jurisdiction or is otherwise effectively stayed not later
than a day which is thirty (30) days before the particular tax item or items proposed to be
contested shall become delinquent; if such injunction or other stay is not secured by
Lessee within that time, then the Lessor is authorized as provided for in Paragraph 7.3 of
this Article VII, to pay such taxes as then assessed and levied, notwithstanding any
pending or proposed suit to contest those taxes.
7.$ In the event the Lessee shall for any reason fail, refuse or neglect to pay any
taxes referred to in Paragraph 7.1 of this Article VII within the time specified therein, or if
the Lessee desires to contest, or by suit contests any such tax, but for any reason fails,
refuses or neglects to comply with the provisions of Paragraph 7.2 of this Article VII within
the time therein specified, then and in any such event, the Lessor may at its option pay
such taxes as then assessed and levied and the amount or amounts of money so paid,
including reasonable attorneys' fees and expenses which may have been reasonably
incurred in connection with such payments or by reason of the nonpayment thereof by the
Lessee, together with interest on all such amounts at the rate of ten per cent (10%) per
annum from the date of payment, shall be repaid by the Lessee to the Lessor and the
payment thereof may be collected or enforced by Lessor in the same manner as though
such amounts were an installment of rent specifically required by the terms of this Lease
to be paid by Lessee unto Lessor; but the payment of any such taxes by the Lessor shall
not waive the default thus committed by the Lessee.
7.4 Notwithstanding the foregoing, taxes (after deducting all available discounts
if utilized) for the last year of the term of this Lease occurs, will be prorated as of the
Termination Date of the term of this Lease, Lessee paying such taxes for that portion of
the termination year preceding the date of termination of this Lease, and Lessor paying the
balance of such taxes for such year, if any.
ARTICLE VIII - LESSOR'S INTEREST NOT SUBJECT TO
MECHANICS' OR MATERIALMEN'S LIENS
8.1 All persons and parties, corporate and otherwise, are hereby notified of the
fact that the Lessee does not and shall never under any circumstances have the power,
right or authority to subject any interest of the Lessor in the Demised Premises to any
mechanics' or materialmen's liens or liens of any other kind or nature; and all persons
dealing with the Lessee are hereby notified of the fact that they must look only to the
interest of the Lessee in the Demised Premises and not to any interest of the Lessor.
8.2 Lessee covenants and agrees with Lessor that Lessee will not permit or
suffer to be filed or claimed against the interest of the Lessor or the Lessee in the Demised
Premises during the continuance of this Lease any lien or claim of any kind, and if any
such lien is claimed or filed it shall be the obligation of the Lessee, within thirty (30) days
after the lien or claim shall have been filed among the Public Records of Miami-Dade
County, Florida, or within thirty (30) days after the Lessor shall have been given notice of
any such lien or claim and shall have transmitted written notice of the receipt of notice of
such lien or claim unto the Lessee (whichever thirty (30) day period expires earlier), to
cause the Demised Premises to be released and discharged from such lien or claim, either
by payment into court of the amount necessary to relieve, release and discharge the
Demised Premises from such lien or claim, or in any other manner that as a matter of law
will result, within the period of thirty (30) days, in releasing and discharging the Lessor and
the title of the Lessor from such lien or claim; and Lessee covenants and agrees, within the
period of thirty (30) days, so to cause the Demised Premises and the Lessor's interests
therein to be released from the legal effect of every such lien or claim.
8.3 Notwithstanding the foregoing paragraph 8.2, Lessee may encumber the
Property with a leasehold mortgage as follows. Lessor agrees to execute a non-
distrubance agreement (containing language reasonably acceptable to the Lessor) for the
benefit of Lessee and the holder of any leasehold mortgage (the "Leasehold Mortgage")
and to cooperate with Lessee's efforts to obtain financing, including the execution of any
necessary documents, so long as such documents are subject to the reasonable approval
of the Lessor's attorney. No leasehold mortgage shall be valid or of any force or effect
unless and until Lessor has consented thereto in writing (which consent shall be
conditioned upon Lessee's compliance with this Section 8.3) and a true copy of the original
of each instrument creating and effecting such mortgage, certified by Lessee to be a true
copy of such instrument, together with written notice containing the name and post office
address of the Leasehold Mortgagee, has been delivered to the Lessee. Further, the
Leasehold Mortgage shall specifically provide:
(a) That the Leasehold Mortgage is subject to all of the terms, covenants and
conditions of this Lease;
(b) That the Leasehold Mortgage encumbers only the Lessee's interest created by
this Lease in the Property and the Building;
(c) That the rights of the Lessor pursuant to this Lease will not be affected by the
terms of the Leasehold Mortgage;
(d) That the holder of the Leasehold Mortgage shall waive all right and option to
obtain and apply proceeds of any insurance or the proceeds of any condemnation award
toward payment of the sums secured by the Leasehold Mortgage to the extent such
proceeds are required by the terms of this Lease for the demolition, repair or restoration
of the Property;
(e) That the holder of the Leasehold Mortgage shall agree to send Lessor copies
of all notices to Lessee in which such mortgagee claims that there exists one or more
uncured defaults under the terms and provisions of the Leasehold Mortgage, such notices
to be sent simultaneously to Lessor and Lessee;
(f) That the Leasehold Mortgage is a leasehold mortgage only and that such
mortgage has obtained no interest whatsoever in the underlying fee of the Land as a result
of the execution of the Leasehold Mortgage by Lessee;
(g) Only the Leasehold Mortgagee may acquire any right, title or interest in orto this
Lease, by acceptance of a deed or other instrument of conveyance thereof, by purchase
at a foreclosure sale or by transfer in lieu of foreclosure, and will conclusively be deemed
to have accepted such right, title or interest subject to all of the terms, covenants and
conditions of this Lease; it being the specific intent of Lessee and the Leasehold
Mortgagee that the Leasehold Mortgage encumber only Lessee's leasehold interest
created by this Lease in the Property, and that except as specifically set forth in this Lease,
the rights of Lessor shall not be affected by the terms of the Leasehold Mortgage; and
(h) That the Leasehold Mortgage and all rights thereunder shall be subject and
subordinate to Lessor's interest in the Property. The Leasehold Mortgagee shall upon
demand, at any time, execute, acknowledge and deliver to Lessor, without expense to
Lessor, any instrument that may be necessary or proper to confirm the subordination of the
Leasehold Mortgage to the Lessor's interests in the Property.
ARTICLE IX - LESSOR'S RIGHTS AND REMEDIES
9.1 Although this is a long term Lease, all of the rights and remedies of the
respective parties shall be governed by the provisions of this instrument and by the laws
of the State of Florida as they exist from time to time, as such law relates to the respective
rights and duties of landlord and tenant.
9.2 During the continuance of this Lease, the Lessor shall have all rights and
remedies which this Lease and the law of the State of Florida assures to it.
9.3 All rights and remedies accruing to the Lessor shall be cumulative; that is to
say, the Lessor may pursue such rights as the law and this Lease afford to it in whatever
order the Lessor desire and the law permits, without being compelled to resort to any one
remedy in advance of any other.
ARTICLE X - INDEMNIFICATION OF LESSOR AGAINST LIABILITY
10.1 Lessee covenants and agrees with Lessor that during the entire term of the
Lease the Lessee will indemnify and save harmless the Lessor against any and all claims,
debts, demands or obligations that may be made against or upon the Lessor, arising by
reason of or in connection with this Lease, or any alleged act or omission of the Lessee or
any person claiming by, through or under the Lessee; and if it becomes necessary for the
Lessor to defend any action seeking to impose any such liability, the Lessee will pay the
Lessor all costs of court and reasonable attorneys' fees incurred by the Lessor in effecting
such defense, including appeals, as and when such fees and expenses become due and
payable, in addition to any other sums which the Lessor may be called upon to pay by
reason of the entry of a judgment against the Lessor or any of them in the litigation in
which such claim is asserted.
10.2 From the time of the commencement of this Lease, the Lessee will cause to
be written and pay all premiums on a policy or policies of insurance in the form generally
known as Commercial General Liability policies, insuring the Lessee, and naming the
Lessor as an additional insured, against any and all claims and demands made by any
]0
person or persons whomsoever for injuries received in connection with the operation and
maintenance of the Demised Premises, including improvements and buildings located
thereon, or for any other reason whatsoever, or for any other risk insured against by such
policies, each class of which policies shall have been written with limits of not less than
One Million ($1,000,000.00) Dollars for damages incurred or claimed by any one (1)
person, and for not less than Three Million ($3,000,000.00) Dollars for damages incurred
or claimed by more than one person. All such policies shall name the Lessee and the
Lessor as their respective interests may appear, as the persons insured by such policies.
The original or a true copy of each of such policies shall be delivered by the Lessee to the
Lessor promptly upon the writing of such policies, together with adequate evidence of the
fact that the premiums are paid, and such insurance shall be kept continuously in full force
and effect by the Lessee at Lessee's sole cost and expense. The insurance shall be
placed with an insurance company having a Best Company rating of "A" or better, if such
insurance is available from such company(les). If such insurance is not available on the
private market, Lessee may obtain insurance through alternate providers, after approval
in writing from Lessor. Lessor may review insurance coverages and require increased
coverage consistent with the value of improvements to the Property as improvements to
the Property are made.
10.3 Lessee shall also protect, defend, indemnify and hold Lessor harmless
against any loss or damage, including attorneys' fees and costs, arising out of or resulting
from any claim, action or law suit brought by a third party to (i) challenge the validity or
enforceability of this Lease, or any City action relating to this Lease, including challenges
to the referendum approval contemplated of this Lease; (ii) challenge the Lessor's title to
the Demised Premises; or (iii) enjoin this Lease. If any litigation is instituted against the
Lessor and/or the Lessee as a result of the approval of this Lease, then the Lessee shall
defend the Lessor and save the Lessor harmless from any and all reasonable attorneys'
fees and court costs that may be incurred, both at the trial and appellate level. Counsel
in such actions shall be selected by Lessee, subject to approval of Lessor, which approval
shall not be unreasonably withheld or delayed.
]!
10.4 Lessee, at Lessee's expense, shall comply with all laws, rules, orders,
ordinances, directions, regulations and requirements of federal, state, county and municipal
authorities pertaining to Lessee's use of the Premises and with the recorded covenants,
conditions and restrictions, regardless of when they become effective, including, without
limitation, all applicable federal, state and local laws, regulations or ordinances pertaining
to air and water quality, Hazardous Materials (as hereinafter defined), waste disposal, air
emissions and other environmental matters, all zoning and other land use matters, and
utility availability, and with any direction of any public officer or officers, pursuant to law,
which shall impose any duty upon Lessor or Lessee with respect to the use or occupation
of the Premises.
10.4.1 Lessee shall (i) not cause or permit any Hazardous Material to be
brought upon, kept or used in or about the Premises by Lessee, its agents, employees,
contractors or invitees without the prior written notice to Lessor, demonstrating to Lessor
that such Hazardous Material is necessary or useful to Lessee's use of the Premises and
will be used, kept and stored in a manner that complies with all laws regulating any such
Hazardous Material so brought upon or used or kept in or about the Premises. If Lessee
breaches the obligations stated in the preceding sentence, or if the presence of Hazardous
Material on the Premises results in contamination of the Premises, or if contamination of
the Premises by HazardOus Material otherwise occurs, then Lessee shall indemnify,
defend and hold Lessor harmless from any and all claims, judgments, damages, penalties,
fines, costs, liabilities or losses (including, without limitation, diminution in value of the
Premises, damages for the loss or restriction on use of rentable or usable space or of any
amenity of the Premises, damages arising from any adverse impact on marketing of space,
and sums paid in settlement of claims, attorneys' fees, consultant fees and expert fees)
which arise as a result of such contamination. This indemnification of Lessor by Lessee
includes, without limitation, costs incurred in connection with any investigation of site
conditions or any cleanup, remedial, removal or restoration work required by any federal,
state or local governmental agency or political subdivision because of Hazardous Material
present in the soil or ground water on or under the Premises. Without limiting the
foregoing, if the presence of any Hazardous Material on the Premises results in any
contamination of the Premises, Lessee shall promptly take all reasonable actions at its sole
expense as are necessary to return the Premises to the condition existing prior to the
introduction of any such Hazardous Material to the Premises; provided that Lessor's
approval of such actions shall first be obtained, which approval shall not be unreasonably
withheld. The foregoing indemnity shall survive the expiration or earlier termination of this
Lease.
10.4.2 "Hazardous materials" mean (a) pesticides and insecticides; (b)
petroleum and its constituents; (c) any substance which is or may hereafter be defined as
or included in the definition of "hazardous substances," "hazardous materials," "hazardous
wastes," "pollutants or contaminants," "solid wastes" or words Of similar import under the
Comprehensive Environmental Response, Compensation and Liability Act, as amended,
42 U.S.C. §9061, et seq.; the Hazardous Materials Transportation Act, as amended, 49
U.S.C. §1801 et seq.; the Resource Conservation and Recovery Act, as amended, 42
U.S.C. §6901 et seq.; the Federal Water Pollution Control Act, as amended, 33 U.S.C.
§1251 et seq., Chapters 376 and 403, Florida Statutes; Chapter 24 of the Code of
Metropolitan Dade County; (d) any other substance, the exposure to or release of which
is regulated by any governmental entity having jurisdiction over the Premises or the
operations thereon; and (e) any substance that does or may pose a hazard to the health
or safety of the persons employed at or invitees on the Premises.
10.4.3 At the commencement of this Lease, and on January 1 of each year
thereafter (each such date being hereafter called "Disclosure Date"), including January 1
of the year after the termination of this Lease, Lessee shall disclose to Lessor the names
and amounts of all Hazardous Materials, or any combination thereof, which were stored,
used or disposed of on the Premises, or which Lessee intends to store, use or dispose of
on the Premises. Notice of Lessee's use of Hazardous Materials on the Property shall not
be a waiver of any of Lessor's claims, defenses or rights related to Lessee's use of such
materials.
10.4.4 Lessor and its agents shall have the right, but not the duty, to inspect the
Premises at any reasonable time to determine whether Lessee is complying with the terms
of this Lease. If Lessee is not in compliance with this Lease, Lessor shall have the right
to immediately enter upon the Premises to remedy any contamination caused by Lessee's
failure to comply notwithstanding any other provision of this Lease. Lessor shall use its
best efforts to minimize interference with Lessee's business but shall not be liable for any
interference caused thereby.
10.4.5 Any default under this Paragraph shall be a material default enabling
Lessor to exercise any of the remedies set forth in this Lease.
10.4.6 Lessee acknowledges it has occupied the Property under the Prior
Agreements since June 3, 1981, is receiving the property in "as is" condition, and Lessor
is not responsible for the existing condition of the Property.
ARTICLE Xl - FIRE AND WINDSTORM, ETC. INSURANCE PROVISIONS
11.1 Lessee covenants and agrees with Lessor that Lessee will insure and keep
insured any and all buildings and improvements now upon and hereafter placed upon the
Demised Premises and any and all personal property which Lessee brings, or has brought,
or which under the terms of this Lease, the Lessee may be obligated to bring upon the
Demised Premises, all of which insurance shall be written through insurance companies
authorized to do business in the State of Florida, for Property All Risk Coverage, including
protection against all loss or damage by fire, windstorm and flood, and what is generally
termed in the insurance field as "extended coverage," which insurance will be maintained
in an amount that will be sufficient to prevent any party in interest from being or becoming
a co-insurer of any part of the risk, and all of such policies of insurance shall bear a "Loss
payable clause" in which there shall be included the names of the Lessor as parties
insured thereby, as their interests may appear.
11.2 From the inception of any construction which Lessee may effect on the
Demised Premises, the Lessee will cause Builders' Risk insurance policies to be written
and maintained throughout such construction in compliance with the provisions of the
foregoing paragraph.
11.3 In the event of the destruction of or damage to the buildings, or of any of the
14
improvements, by fire, windstorm or other casualty for which insurance shall be payable,
and as often as such insurance money shall have been paid to the Lessor and the Lessee,
sums so paid shall be deposited in a joint account of the Lessor and Lessee in a bank in
Miami-Dade County, Florida designated by the Lessor, and shall be available to the Lessee
for the reconstruction or repair, as the case may be, of any building or buildings, damaged
or destroyed by fire, windstorm or other casualty for which insurance money shall be
payable, and shall be paid out by the Lessor and the Lessee from the joint account from
time to time on the estimate of any architect licensed in the State of Florida having
supervision of such reconstruction and/or repair, certifying that the amount of such
estimate is being applied to the payment of the reconstruction and/or repair and at a
reasonable cost therefor; provided, however, that it first be made to appear to the
satisfaction of the Lessor that the amount of money necessary to provide for the complete
reconstruction and/or repair of any, building or buildings destroyed or damaged as
aforesaid, according to the plans adopted therefor and approved by the Lessor, has been
provided by the Lessee for such purpose and its application for such purpose assured.
The proceeds of the Personal Property Insurance covering personal property belonging
to the Lessee shall likewise be deposited in a joint bank account to the credit of the Lessor
and the Lessee, and shall be paid out for the replacement or repair, as the case may
require, of destroyed or damaged personal property. The Lessee covenants and agrees
that in the event of the destruction of or damage to the buildings and/or improvements or
any part thereof, and as often as any buildings or improvements on the Premises shall be
destroyed or damaged by fire, windstorm, or other casualty, the Lessee shall rebuild or
repair (as the case may require), the same in such manner that the building or
improvement so rebuilt and/or repaired shall be of the same or greater value as the
building and the improvements upon the Demised Premises were immediately prior to such
damage or destruction, and shall have the same rebuilt and/or repaired and ready for
occupancy and have received the appropriate certificate of occupancy and/or completion
from the City's Building Department within two years from the time when the damage or
destruction occurred, and shall within that period replace and repair as the case may
]5
require, personal property destroyed or damaged; this obligation of the Lessee to rebuild
and repair the buildings and improvements, and to replace and repair the personal
property, shall exist and be enforceable irrespective of the availability of any insurance
funds for any of these purposes. With Lessor's prior written consent, the two-year period
for reconstruction or repair shall be enlarged and extended by delays caused without fault
or neglect on the part of the Lessee, by act of God, strikes, lockouts or other conditions
beyond the Lessee's control.
11.4 Nothing herein contained shall be construed as prohibiting the Lessee from
financing the premiums on such policies, or from such payments having a deductible
amount not exceeding five percent (5%) of the insurable value of the improvements.
11.5 If at any time any such insurance money comes into the possession of the
Lessor and the Lessee after destruction or damage by fire or windstorm or other casualty
and the Lessee is in default in the payment of rent, taxes, assessments, liens or other
charges which by the terms of this Lease the Lessee is obligated to pay or pay for, or if
such default should occur during the time such insurance money or any part thereof is in
the joint bank account, as aforesaid, then the Lessor shall be paid so much of the
insurance money as may be necessary fully to pay or discharge any such sum of money
in the payment of which the Lessee is in default, as aforesaid, and this shall be done
whenever and as often as any such default shall occur on the part of the Lessee. Nothing
contained herein, however, shall be construed as permitting the Lessee to default in the
payment of rent or other charges herein stipulated to be paid or in the performance of the
other covenants in this Lease. The Lessor may, at its option, in case of default in the
payment of such rent or other charges or default in the performance of any other covenant
in this Lease, proceed against the Lessee for the collection of such rental and charges, and
recover and take possession of the Premises herein described, and without prejudice to
their rights to the benefit of such insurance money as payment of such rental and other
charges.
11.6 It is agreed by and between the Lessor and Lessee that any excess of money
received from insurance or other sources remaining in the joint bank account after the
completion of the reconstruction, replacement or repair of such building or buildings and
personal property, and if there is no default on the part of the Lessee in the performance
of any of the covenants of this Lease, shall be paid to Lessee; but in the event the Lessee
fails for any reason to commence the reconstruction or repair of such building or buildings
within six (6) months after the date of the damage or destruction occasioned by fire,
windstorm or other cause for which insurance money shall be payable, or the Lessee for
any reason fails within that six (6) month period to provide in the manner required by
Paragraph 11.3 of this Article XI, a sufficient sum of money to prosecute the reconstruction
and repair work with such dispatch as may be necessary to complete the same within
eighteen (18) months after the occurrence of such damage or destruction occasioned as
aforesaid, except in the case of Force Majeure, as provided in Article XXVI, or Unavoidable
Delays under paragraph 15.11.1, then and in every such event, the Lessee shall be
deemed to have refused to carry out its obligation to reconstruct, replace and repair, and
the amount so collected or the balance thereof remaining in the joint account, as the case
may be, shall be paid to the Lessor as liquidated and agreed upon damages resulting from
the failure of the Lessee to reconstruct, replace and repair, and the Lessor shall have the
option, notwithstanding its retention of such sum, to terminate this Lease.
ARTICLE Xll - LESSEE'S DUTY TO PAY INSURANCE PREMIUMS
12.1 Lessee covenants and agrees with Lessor that Lessee will pay the premiums
for all of the insurance policies which Lessee is obligated to carry under the terms of this
Lease, and will deliver to the Lessor evidence that all such premiums have been paid on
or before the effective date of each such policy or proper evidence of extended credit
and/or evidence of financing the payment of such premiums, and Lessee will cause
renewals of all expiring policies to be written, and the policies or copies thereof, as the
Lease may require, to be delivered to the Lessor at least ten (10) days before the
expiration date of such expiring policies. The parties note that in ¶10.2, Lessor may review
insurance coverages and require increased coverage consistent with the value of
improvements to the Property as improvements to the Property are made.
12.2 Nothing herein contained shall ever be construed as rendering the Lessor
personally liable for the payment of any such insurance premiums, but if at any time during
]7
the continuance of this Lease the Lessee shall fail, refuse or neglect to procure any of the
policies of insurance required in and by this instrument to be procured by the Lessee, or
to keep and maintain the same in full fome and effect, or to pay the premium therefore
promptly when due, the Lessor may, at its option, procure or renew such insurance, and
thereupon the amount or amounts of money paid as the premium or premiums thereon
plus interest at the rate often per cent (10%) per annum from date of payment thereof shall
be collectible as though it were rent then matured hereunder, and shall be due and payable
forthwith, or in lieu thereof and notwithstanding the procurement and renewal of such
policies by the Lessor, this Indenture and the terms created hereby may, at the option of
the Lessor, be terminated and declared at an end and all of the right, estate and interest
of the Lessee in such event hereunder shall immediately cease and become null and void.
ARTICLE XlII - ASSIGNMENT
13.1 This Lease is not freely assignable, and no assignment, transfer, sublease,
subconcession or license agreement shall be valid unless there is a prior written consent
by the Lessor, which consent shall be within the sole discretion of the Lessor, and such
instrument of assignment (the "Assignment") that has been consented to is in writing,
which Assignment must contain an assumption agreement, duly executed by the Assignee
of this Lease and in recordable form, wherein and whereby the Assignee accepts the
assignment and assumes and agrees to timely and fully perform and comply with all of the
Lessee's covenants and agreements contained in this Lease, and unless and until written
notice (the "Notice") shall have been given to the Lessor by the Assignor and Assignee,
(the Notice to be given in the manner hereinafter prescribed as the manner and method
for giving Notice), enclosing a duplicate-original or photostat of the original instrument of
Assignment and the address at which Notice may thenceforth be given to the Assignee.
Approval of any assignment or transfer to an entity other than a not-for-profit corporation
shall be conditioned upon the renegotiation of the rent to be paid under this Lease to reflect
a fair market value of the demised premises. Subleases, subconcessions, or license
agreements consistent with the uses set forth in paragraph 4.1 are subject to the approval
of Lessor, which approval shall not be unreasonably withheld.
18
13.2 The Lessor covenants and agrees that it will within sixty (60) days after
service of Notice upon it of a proposed assignment of this Lease, giving the name and post
office address of the proposed Assignee, advise the Lessee in writing as to whether the
Lessor will consent to the assignment of the Lease and fur[her advise the Lessee in writing
of the existence or nonexistence of any default on the part of the Lessee under the terms
of this Lease, and if there is any default or defaults, a statement setting forth such default
or defaults. Lessor's failure to give such advice in writing within the time required shall not
constitute either notice of the absence of any default, or consent to the proposed
assignment. Only Lessor's response in writing of the existence or not of a default and
permission or not of an assignment shall be effective with respect to each such item.
13.3 Any transfer or assignment of this Lease, as a result of the Leasehold
Mor[gagee having acquired title to the leasehold estate of Lessee by foreclosure of the
Leasehold Mortgage, or transfer in lieu of foreclosure, shall require prior written consent
of the Lessor predicated upon the transferee or assignee being a not-for-profit corporation
that will solely conduct activities on the Proper[y that are sponsored by the Jewish
Community Centers Association of North America, as provided in section 4.1.
ARTICLE XlV - CONDEMNATION CLAUSE
14.1 It is further understood and agreed that if at any time during the continuance
of this Lease the Demised Premises or the improvements and buildings located thereon
or any portion thereof be taken, appropriated or condemned by reason of eminent domain,
there shall be such division of the proceeds and awards in such condemnation
proceedings, and such abatement of rent and other adjustments made, as shall be just and
equitable under the circumstances. If the Lessor and the Lessee are unable to agree upon
what division, annual abatement of rent or other adjustments are just and equitable within
thirty (30) days after such award shall have been made, then the matters in dispute shall
by appropriate proceedings, be submitted to a court having jurisdiction of the subject
matter of such controversy in Miami-Dade County, Florida, for its decision and the
determination of the matters in dispute. If the legal title to the entire Demised Premises is
wholly taken by condemnation, the Lease shall automatically and without notice be
canceled. No allocation o~ condemnation proceeds between Lessor and Lessee shall be
based upon Lessee's interest in the land; notwithstanding, the Lessee shall be
compensated for Lessee's interest in the improvements under this Lease in accordance
with the condemnation award.
14.2 Although the title to the buildings and improvements placed by the Lessee
upon the Demised Premises will pass to the Lessor upon the termination of this Lease,
nevertheless, for purposes of condemnation only, the fact that the Lessee placed such
buildings and improvements on the Demised Premises, at Lessee's cost and expense,
shall be taken into account in determining the portion of the condemnation award to which
the Lessee is entitled. In general, it is the intent of this Article that upon condemnation, the
parties shall share in their awards to the extent that their interests respectively are
depreciated, damaged or destroyed by the exercise of the right of eminent domain.
14.3 If a partial taking or a total taking renders the Premises unsuited for the
permitted uses as provided for herein, Lessee, may at its sole option and expense, remove
all of its personal property from the portion of the property taken, however, Lessee shall
continue to be liable under this Lease and continue its rights and obligations as to the
remainder of the Property not so taken, unless released in writing by Lessor.
ARTICLE XV - ADDITIONAL IMPROVEMENTS
15.1 This Lease is made with the understanding and agreement that Lessee will
construct additional improvements, valued at no less than two million dollars
($2,000,000.00) to the buildings and improvements presently located on the Demised
Premises upon the prior written consent of the Lessor (the "Proposed Improvements").
The Proposed Improvements may be placed on the three platted lots comprising the
Property, and shall not be inconsistent with the conceptual plan presented by Lessee to
Lessor, attached as Exhibit "A" to this Lease ("Concept Plan"), subject to prior approval in
writing by Lessor as provided in this Article. Any and all improvements, shall be at the sole
cost and expense of the Lessee.
15.2 Lessee is solely responsible for the design of any improvements to the
Property, and obtaining all approvals from City and other applicable regulatory agencies
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therefor, including approvals by City as Lessor, and approvals by City in its regulatory
capacity under the City Code and other applicable laws. Pursuant to Miami Beach City
Code §142-423, Lessee has submitted its proposed uses and the Concept Plan to the
Planning Board for its review. The Planning Board has recommended approval of the uses
and supports the concept of the Concept Plan.
15.3 Lessee shall submit to Lessor (acting in its proprietary capacity as owner of
the Property) Preliminary Plans and Specifications for the Proposed Improvements, which
shall include, but not be limited to, a detailed site plan, a landscape plan, elevation
drawings of each facade, a detailed floor plan for each of the floors of the Proposed
Improvements, a calculation of the floor areas for each floor, and a calculation of the total
floor area dedicated to each use within the Proposed Improvements (the "Preliminary Plans
and Specifications").
15.4 Lessee shall submit its Preliminary Plans and Specifications to Lessor's City
Manager for approval within three years of the Commencement Date. The City Manager
shall have twenty (20) Business Days to review the Preliminary Plans and Specifications.
If the City Manager concludes that the Preliminary Plans and Specifications are materially
inconsistent with the Concept Plan, the City Manager shall, and in any event the City
Manager may, submit the Preliminary Plans and Specifications to the City Commission for
its review and approval as Lessor (acting in its proprietary capacity as owner of the
Property), at the next City Commission meeting, along with a written report of the
Administration's review and recommendations, including a review and recommendation
from the City's Planning Director. The City Commission may refer the matter to the City's
Planning Board for its review and recommendations before acting thereon. If Lessor
disapproves the Preliminary Plans and Specifications, then Lessee shall, at its election,
either (a) submit Lessor's disapproval to mediation as provided in this Lease, as to the
reasonableness of the disapproval, or (b) submit a revised modification to the Preliminary
Plans and Specifications to meet Lessor's objections, which revised modification shall be
submitted and reviewed as provided above. Failure of the Lessee to seek mediation or
submit revised Preliminary Plans and Specifications within sixty days from the date of
Lessor's disapproval, but no later than three years from the Commencement Date, shall
constitute a Default under this Lease.
15.5 Lessee shall, within two months of Lessor's approval of the Preliminary Plans
and Specifications, but no later than three years from the Commencement Date, submit
an application for approval of the design for the Proposed Improvements to the City's
Design Review Board and to other City boards, as applicable. Failure of the Lessee to
submit its application, as provided in this Section, to the DRB, by the date which is two
months from the receipt of Lessor's final approval as above provided shall constitute a
Default under this Lease. Lessee shall pursue approval of its applications to the City
boards, as applicable, diligently and in good faith.
15.6 Public Facilities and Concurrency. Lessee shall be solely responsible for
obtaining all land use permits, including, but not limited to, all permits and approvals
required pursuant to Chapter 122, Miami Beach City Code, with respect to concurrency
requirements for roads, sanitary sewer, solid waste, drainage, potable water, parks and
recreation (the "Concurrency Requirements").
15.7 Plans and Specifications. Upon receipt of the DRB's approval of the Proposed
Improvements, and all other City boards' approvals, as applicable, Lessee shall prepare
for review by Lessor construction Plans and Specifications for construction of the Proposed
Improvements, consistent with the Preliminary Plans and Specifications, as approved by
the Lessee, the DRB, and other City boards, as applicable. The Plans and Specifications
shall be submitted to the Lessor (acting in its proprietary capacity as owner of the Property)
within twelve months from the date on which the DRB approves the Proposed
Improvements, but no later than five years from the Commencement Date (if appealed, the
time shall run from the issuance of a final nonappealable order). The Plans and
Specifications, or modifications thereto, shall be reviewed by the City Manager, within
twenty (20) business days, except for modifications thereto, which shall be reviewed within
ten (10) business days, solely for consistency with the Preliminary Plans and Specifications
as the same may have been modified by the DP, B or other City boards, as applicable. If
Lessor disapproves the Plans and Specifications, then Lessee shall, at its election, either
(a) submit Lessor's disapproval to mediation as provided for in this Lease, as to the
reasonableness of the disapproval, or (b) submit a revised modification to the Plans and
Specifications to meet Lessor's objections, which revised modification shall be submitted
and reviewed as provided above. Lessee shall pursue approval by the City of the Plans
and Specifications diligently and in good faith.
15.8 Conditions Precedent to Lessee's Commencement of Construction of the
Proposed Improvements. Lessee shall obtain a final Building Permit for the Proposed
Improvements by not more than five years from the Commencement Date and failure to
do so shall constitute a Default under this Lease. Lessor's remedy for this Default, and for
all defaults under this Article 15 for failure to follow the time schedule under this Article
related to the Proposed Improvements, shall be limited to a reversion of the duration of the
Lease term to that last provided in the Prior Agreements, to a termination date of October
31, 2015, with two ten-year lease options by Lessee. In such event, all other remaining
provisions of this Lease shall remain in full force and effect. Lessee shall not commence
construction of the Proposed Improvements unless and until (a) Lessee shall have
obtained and delivered to Lessor copies of all final Permits and Approvals required to
commence construction and (b) Lessee shall have delivered to Lessor original certificates
of the policies of insurance required to be carried pursuant to this Lease.
15.9 Lessor (solely in its capacity as the owner of the Property and not in its
regulatory capacity) shall reasonably cooperate with Lessee in obtaining the Permits and
Approvals required to construct the Proposed Improvements, shall sign any application
reasonably made by Lessee that is required in order to obtain such permits and approvals
and shall provide Lessee with any information and/or documentation not otherwise
reasonably available to Lessee (if available to Lessor) that is necessary to procure such
permits and approvals. Any such accommodation by Lessor shall be without prejudice to,
and shall not constitute a waiver of, Lessor's rights to exercise its discretion in connection
with its regulatory functions. Lessee shall reimburse Lessor, within ten (10) days after
LessoCs demand, for any reasonable out-of-pocket cost or expense payable to Lessor's
technical consultants (other than LessoYs employees), such as architects and engineers,
so incurred by Lessor in connection with Lessor's assistance in obtaining the permits and
approvals required by the Proposed Improvements.
15.10 Lessee shall not commence construction of the Proposed Improvements,
or any portion thereof, unless and until Lessor shall have approved the Plans and
Specifications, as provided in this Lease. However, if Lessee chooses to perform any
construction of the Proposed Improvements beyond the initial two million dollar investment
on a phased basis, Lessee may request the necessary approval of Lessor in stages and
perform that portion of the Proposed Improvements that has been approved (provided
Lessee shall comply with all other requirements with respect to such portion of the
Proposed Improvements), even if progress plans and specifications for other portions of
the improvements have not yet been prepared.
15.11 Commencement and Completion of Construction of the Proposed
Improvements. Lessee shall at its expense (a) commence construction on or before sixty
(60) days after all permits and approvals necessary for the commencement of construction
are issued, but no later than five years from the Commencement Date (the "Construction
Commencement Date") and (b) thereafter continue to prosecute construction of the
Proposed Improvements with diligence and continuity to completion. "Commence
Construction" or "Commencement of Construction" means the commencement of major
work (such as pilings or foundations) for construction of the Proposed Improvements.
Promptly after Commencement of Construction, Lessee shall notify Lessor in writing of the
date of such commencement. Any and all preliminary site work (including, without
limitation, any environmental remediation and ancillary demolition) shall not be deemed to
be Commencement of Construction. If, after Lessee has commenced construction, Lessee
fails to diligently prosecute construction of the Proposed Improvements (subject to
unavoidable delays), and such failure continues (subject to unavoidable delays) for thirty
(30) consecutive days after Lessee's receipt of notice of such failure, Lessor shall, in
addition to all of its other remedies under this Lease, have the right to seek such equitable
relief (either mandatory or injunctive in nature) as may be necessary to cause diligent and
continuous prosecution of construction of the Proposed Improvements (subject to
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unavoidable delays) by Lessee, it being understood that construction of the Proposed
Improvements is a material inducement to Lessor to enter into the Lease and monetary
damages shall be inadequate to compensate Lessor for harm resulting from such failure.
Notwithstanding anything to the contrary contained herein, if Lessee fails to substantially
complete construction of the Proposed Improvements by the date provided for in this
Lease, then the same shall constitute a default under this Lease.
15.11.1. "Unavoidable delays" shall mean delays due to strikes, slowdowns,
lockouts, acts of God, inability to obtain labor or materials, war, enemy action, civil
commotion, fire, casualty, eminent domain, catastrophic weather conditions, a court order
that actually causes a delay (unless resulting from disputes between or among the party
alleging an unavoidable delay, present or former employees, officers, members, partners
or shareholders of such alleging party or of affiliates of such alleging party), in the
application of any requirement. The party alleging unavoidable delay shall notify the other
within twenty days of such occurrence, however, failure to do so shall not waive any rights
caused by such delay. The times for performance related to the Proposed Improvements
set forth in this Lease shall be extended to the extent performance is delayed by
unavoidable delays.
15.12 Completion of Construction of the Proposed Improvements. Substantial
completion of the Proposed Improvements shall be accomplished in a diligent manner, and
in any event no later than two years from the issuance of a full building permit.
"Substantial completion" as used herein shall require the issuance of a temporary or final
certificate of occupancy by City's building department. Such date may be extended for
good cause shown upon request in writing to Lessor's City Manager, which extension by
the City Manager shall not be unreasonably withheld. Final completion of the construction
of the Proposed Improvements, shall be accomplished in a diligent manner, in each case
in a good and workmanlike manner, in substantial accordance with the Plans and
Specifications (with no material deviations except as expressly permitted herein), at
Lessee's sole cost and expense. Upon Substantial Completion of Construction of the
Proposed Improvements, Lessee shall furnish Lessor with the following:
(a) a certification of the Architect (certified to Lessor on the standard AIA
certification form) that it has examined the Plans and Specifications and that, in its
professional judgment, after diligent inquiry, construction of the Proposed Improvements
has been Substantially Completed in accordance with the Plans and Specifications
applicable thereto and, as constructed, the Improvements comply with all applicable codes
and laws;
(b) a copy or copies of the temporary and final certificates of occupancy for the
Proposed Improvements (or portion thereof, as applicable) issued by the City of Miami
Beach Building Department;
(c) lien waivers in form and substance reasonably satisfactory to Lessor from each
contractor, subcontractor, supplier or materialman retained by or on behalf of Lessee in
connection with the construction of the Proposed Improvements, evidencing that such
persons have been paid in full for all work performed or materials supplied in connection
with the construction of the Proposed Improvements;
(d) a complete set of "as built" plans and a survey showing the Improvement(s)
(excluding personalty) for which the construction of the Proposed Improvements has been
completed. Lessor shall have an unrestricted license to use such "as built" plans and
survey for any purpose related to the Property without paying any additional cost or
compensation therefor, subject to copyright and similar rights of the Architect to prohibit
use of designs for purposes unrelated to the Property, as such rights exist in law or may
appear in the Architect's contract, and subject to applicable public records laws. The
foregoing requirement with respect to "as built" plans shall be satisfied by Lessee
furnishing to Lessor, at Lessee's expense, a complete set of Plans and Specifications, with
all addenda thereto and change orders in respect thereof, marked to show all changes,
additions, deletions and selections made during the course of the construction of the
Proposed Improvements; and
(e) a Contractor's Final Affidavit in form and substance reasonably satisfactory to
Lessor executed by the General Contractor (i) evidencing that all contractors,
subcontractors, suppliers and materialmen retained by or on behalf of Lessee in
connection with the Construction of the Proposed Improvements have been paid in full for
all work performed or materials supplied in connection with the Construction of the
Proposed Improvements and (ii) otherwise complying with all of the requirements under
the Florida Construction Lien Law, Chapter 713, Florida Statutes, as amended.
15.13 Land Development Regulations. The provisions of City Code section 142-425
apply to the Property. ,As provided therein, Lessor adopts the land development
regulations applicable to the Property as set forth in the memorandum of the Planning
Director, dated May 23, 2000, attached hereto as Exhibit "B."
15.14 Construction of the Proposed Improvements shall be carried out pursuant to
Plans and Specifications prepared by licensed architects and engineers, with controlled
inspections conducted by a licensed architect or professional engineer as required by
applicable requirements.
15.15 Upon Substantial Completion of the project, Lessee shall certify to Lessor
that it has, in fact, expended not less than said amounts for total construction costs.
15.16 Lessee shall deliver to the Lessor a Completion Bond with corporate surety
authorized to do business as such in Miami-Dade County, Florida, and satisfactory to the
Lessor as to the form and surety, guaranteeing the completion of the Proposed
Improvements in accordance with the approved Plans and Specifications, and have
received the appropriate certificate of occupancy and/or completion from the City's Building
Department, and indemnifying and saving harmless the Lessor and the title of the Lessor
against the claims of all parties who furnish work, labor, services and/or materials to the
premises.
15.17 ,Any building operation, once commenced, must be carried through
continuously to completion, but any interruption or delay in the doing and completion of the
work which shall have been caused by act of God, or the public enemy, or strike, or natural
casualty, or other circumstances not occasioned by or attributable to the fault, default or
neglect of the Lessee shall not be deemed to cause the Lessee to be in default under this
paragraph, so long as the Lessee exercises due diligence to cause the work of
construction to be carried through to completion as promptly and expeditiously after the
commencement thereof as possible.
ARTICLE XVI-DEED RESTRICTIONS CONCERNING THE USE OF THE PROPERTY
16.1 The Demised Premises shall hereby contain the following restrictions,
covenants and limitations:
(a) That the Lessee shall at all times remain a not-for-profit corporation;
(b) The Lessee has requested that the Lessor accommodate the religious
needs of the community on the Property. If religious services are conducted upon the
Property that they be limited to a multipurpose room no larger than 2,000 sq. ft., specified
on plans to be provided Lessor, for which Lessee shall pay Fair Market Value. Such use
shall be minor and incidental. Lessee may charge any user of the multi-purpose space
designated for religious services Lessee's maintenance and overhead costs over and
above the Fair Market Value Lessee is obligated to pay Lessor for such space under this
Lease. The Fair Market Value Lessee shall pay Lessor shall be based upon a square
footage rate for the proportionate use of such room determined by an appraisal of
comparable commercial space in the City, prepared by a Florida licensed professional
appraiser selected by Lessee from the Lessor's list of approved appraisers, who shall
certify his or her objective and professional work thereon. The Lessor has the right to
review the Lessee's appraisal, and to obtain its own appraisal. If the Lessor decides to
exercise such right, at Lessor's sole cost and expense, it shall notify Lessee, and the Fair
Market Value shall be the average of the two appraisals. Fair Market Value shall be
reappraised every five years during the Lease term, which reappraisal shall be conducted
within the six months prior to the commencement of the next five-year period. If Lessee
desires to redesignate the room assigned for this purpose, Lessee shall give written notice
to Lessor designating the new space on a floor plan sufficient to identify the location and
dimensions of the room selected. The last determined Fair Market Value shall apply to the
new room based on its square footage. The religious use allowed in this Lease shall not
result in the full-time exclusive use of the designated multi-purpose room. In the event
Lessee wishes to use, or permit another user to use, a larger space such as a gymnasium
or auditorium on the Property for other holiday services, not exceeding ten holidays per
year, then Lessor shall determine a reasonable rate for such use payable to Lessor
comparable to the rates charged for other special events within the City at the time, such
as the rates charged at the 21st Street Recreation Center.
The following additional restrictions shall be applicable to the Property:
(i) No permanent displays or religious symbols or other indications of
religious purpose shall be visible to passersby, except that the words "Jewish Community
Center," and the flag of the State of Israel, may be used. This shall not prohibit the
temporary use of religious displays during holiday periods, or signs announcing such
holiday periods or events, if otherwise permitted by applicable regulations. This shall also
not prohibit the use of mezuzahs on the Property;
(ii) Displays or symbols, and any tabernacle orarc in the multi-purpose
room also designated for religious services shall be easily removable or screened offfrom
view to accommodate other religious organizations and individuals desiring to use such
room;
(iii) The multi-purpose room also designated for religious services shall
be made available to other religious groups and individuals regardless of the religious
content of their worship activities, subject to payment by such other religious groups and
individuals of the same rate of Fair Market Value then payable by Lessee, to Lessor, and
subject to reasonable use restrictions by the Lessee so as not to interfere with other
scheduled activities in the room and on the Property;
(iv) The Lessee shall affirmatively make the Property, its facilities, and
the Lessee's programs and activities open to persons of all races, colors, creeds or
national origins, and take reasonable steps to publicize the availability thereof.
(c) That the Property shall at no time during the term of the Lease be
assigned, sublet, or in any way shall the dominion and control over the Property be in any
person or entity other than the Lessee, without the prior written consent of the Lessor, and
if such consent is given, Fair Market Value shall be paid by Lessee or its successor to
Lessor for such space assigned or sublet, unless this provision is waived by action of the
City Commission;
(d) That all fire and extended coverage and flood insurance, maintenance,
and other costs for the improvements and the general upkeep of the Property, and all
replacements necessary in connection therewith, shall be the sole cost and expense of the
Lessee;
(e) That the Lessee shall provide personnel on the Premises during
operating hours and either a security service or electronic security service during non-
operating hours during the entire term of the Lease, proof of which shall be provided to
Lessor via copy of security agreement and receipts therefor.
(f) That the Lessee shall be obligated to provide public liability insurance
and property damage insurance at its cost and expense to the Demised Premises during
the terms of this Lease.
(g) Exterior signs, if any, will be of a design and form approved by the
Lessor, and in accordance with the Miami Beach City Code and other applicable laws and
codes. Lessee shall assume the cost of any such signs. Lessee shall remove all signs
upon the termination of this Lease and any damage or unsightly condition caused to the
Property because of or due to such signs shall be corrected or repaired by Lessee to the
satisfaction of Lessor.
16.2 The violation by the Lessee of any of the covenants, restrictions and
undertakings as set forth in Paragraph 16.1 above, shall be considered an Event of Default
and the Lessor shall be entitled to all of the remedies as set forth in Article XVII hereof.
ARTICLE XVII - DEFAULT CLAUSE
17.1 It is further covenanted and agreed by and between the parties hereto that
in case at any time default shall be made by the Lessee with regard to any of its obligations
as provided in this Lease, except as specifically elsewhere provided, each of which shall
be an "Event of Default," then, in any of such events, following notice in writing by certified
mail, return receipt requested, or by hand delivery, or such other conveyance then
permitted by law, and an opportunity to cure within the thirty-day period following delivery
of such notice, and Lessee after such notice and opportunity to cure has failed to cure, as
provided for in section 17.3, it shall and may be the Lessor's right to declare such demised
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term ended and to re-enter upon the Premises and the building or buildings and
improvements situate thereon or any part thereof, either with or without process of law, the
Lessee hereby waiving any demand for possession of the Premises and any and all
buildings and improvements then situate thereon; and the Lessee covenants and agrees
that upon the termination of the demised term, the Lessee will surrender and deliver up the
Premises peaceably to the Lessor, its agents and attorneys, immediately upon the
termination of the demised term; and if the Lessee, its agents, attorneys or other persons
or entities claiming by or through Lessee, shall hold the Premises or any part thereof one
(1) day after the same should be surrendered according to the terms of this Lease, they
shall be deemed guilty of forcible detainer of the Premises under the Statute and shall be
subject to eviction or removal, forcibly or otherwise, with or without process of law.
17.2 Although this is a ninety-nine (99) year lease, the parties understand and
agree that the relationship between them is that of landlord and tenant, and the Lessee
specifically acknowledges that the statutory proceedings in the State of Florida relating to
the recovery of possession of the Premises accrues to the landlord hereunder.
17.3 Nothing herein contained shall be construed as authorizing the Lessor to
declare this Lease in default until thirty (30) days after the Lessor shall have given the
LeSsee written notice of a violation of this Lease, and Lessee has failed to cure such
violation within such time period. If the default complained of is of such a nature that it
cannot be cured within thirty (30) days, and if the Lessee has commenced taking all
reasonable steps to cure such default and is in the process of eliminating the facts which
are the basis for the declaration of a default, then the Lessee shall not be deemed to be
in default and the Lessor shall not be entitled to cancel or otherwise enforce the
termination of this Lease. Nothing herein contained shall be construed as precluding the
Lessor from having such remedy as may be and become necessary in order to preserve
the rights and the interests of the Lessor in the Premises and in this Lease even before the
expiration of the grace or notice periods provided for in this paragraph if, under particular
circumstances then existing, the allowance of such g race or the giving of such notice would
prejudice or endanger the rights and estate of the Lessor in this Lease and in the Demised
Premises, or the public health, safety and welfare.
17.4 In addition to the rights set forth elsewhere in this Lease, Lessor shall have
the right to pursue any or all of the following: (a) the right to injunction or other similar relief
available to it under Florida law against Lessee; and/or (b) the right to maintain any and
all actions at law or suits in equity or other proper proceedings to obtain damages resulting
from Lessee's default.
17.5 It is further covenanted and agreed by and between the parties hereto, in the
event of the termination of this Lease at any time before the expiration of the term hereby
created, for the breach by the Lessee of any of the covenants herein contained, that in
such case all of the right, estate and interest of the Lessee in and under this indenture and
in the Demised Premises hereinabove described, and all improvements and buildings then
situate on the Demised Premises, together with all rents, issues and profits of the Premises
and the improvements thereon, whether then accrued or to accrue, and all insurance
policies and all insurance monies paid or payable thereunder, and all of them, shall without
any compensation made therefore unto the Lessee, at once pass to and become the
property of the Lessor, not as a penalty or forfeiture, but as liquidated damages to the
Lessor because of such default by the Lessee and the consequent cancellation of the
Lease, each of the parties acknowledging it to be the fact that for breach and consequent
cancellation of a long-term lease of this character, the Lessor will sustain substantial
damage, being damage of such character as to make it most burdensome and tedious, if
not actually impossible, to ascertain with mathematical precision, and each of the parties
therefore having agreed upon this provision for liquidated damages in the interests of
obviating what would otherwise be burdensome and difficult litigation to maintain or to
defend, as the case may be; and this provision for liquidated damages has been taken into
account by both parties in fixing the term of and the consideration for the making of this
Lease.
17.6 The Lessee pledges with and assigns unto the Lessor all of the rents, issues '
and profits which might otherwise accrue to the Lessee for the use, enjoyment and
operation of the Demised Premises, and in connection with such pledging of the rents, the
Lessee covenants and agrees with the Lessor that if the Lessor, upon the default of the
Lessee, elects to file a suit to enforce the Lease and protect the Lessor's rights thereunder,
then the Lessor may, as ancillary to such suit, apply to any court having jurisdiction thereof
for the appointment of a Receiver of all and singular the Demised Premises, and the
improvements and buildings located thereon; and thereupon, it is expressly covenanted
and agreed that the court shall forthwith appoint a Receiver with the usual powers and
duties of Receivers in like cases, and such appointment shall be made by such court as
a matter of strict right to the Lessor, and without reference to the adequacy or inadequacy
of the value of the property which is subject to the landlord's lien or to the solvency or
insolvency of the Lessee, and without reference to the commissions of waste.
ARTICLE XVlll - LESSEE'S DUTY TO KEEP PREMISES IN GOOD REPAIR
18.1 Lessee covenants and ag rees with the Lessor that during the Lease term the
Lessee will keep in good state of maintenance and repair any and all buildings and other
improvements constructed upon the Demised Premises; nor will the Lessee suffer or
permit any strip, waste or neglect of any building to be committed; and the Lessee will
repair, replace and renovate the real property, and improvements located thereon, as often
as it may be necessary to keep the building and improvements on the Property in a good
state of repair and condition.
18.2 Lessee covenants and agrees with the Lessor that Lessee shall be obligated
for all utilities utilized on the Demised Premises for the entire term of this Lease.
ARTICLE XlX - DEMOLITION CLAUSE
19.1 Although it is the Lessee's duty under the terms hereof to keep and maintain
any buildings and improvements on the Demised Premises in good repair, this shall not be
construed as empowering the Lessee to at any time tear down and destroy any buildings
or improvements, on the Demised Premises, or any part thereof, unless and until the
Lessee:
(a) Follows all procedures necessary for development approval as
provided for in this Lease, and causes construction plans and specifications for the new
building or the new construction to be prepared in full accordance with all applicable laws,
33
building codes, zoning ordinances, statutes and regulations, and delivers the plans to the
Lessor at least ninety (90) days before the work proposed to be done pursuant thereto is
actually commenced; and
(b) Obtains the written approval of the construction plans and
specifications by the Lessor, which shall in writing approve or disapprove such plans and
specifications within twenty (20) days after their delivery to the Lessor, which approval shall
not be unreasonably withheld (It shall not be unreasonable to disapprove plans not in
compliance with the Preliminary or construction Plans and Specifications, last approved
by Lessor); and
(c) Furnishes the Lessor with what is generally known as a Completion
Bond with corporation surety, guaranteeing the doing and completion of the work.
19.2 In any event, the work of reconstruction, repair and replacement must have
a value of not less than the current market value of the buildings or improvements or the
portion thereof then being demolished and replaced and repaired.
19.3 The expense of demolition shall be no part of the cost of any subsequent
replacement or rebuilding or addition; but by the same token, any salvage resulting from
the demolition shall belong to the Lessee.
ARTICLE XX - ADDITIONAL COVENANTS OF THE LESSEE
20.1 Lessee covenants and agrees with Lessor that no de.ruction to any building
or improvement by fire, windstorm or any other casualty shall be deemed to entitle the
Lessee to surrender possession of the Premises or to terminate this Lease or to violate any
of its provisions or to cause any abatement or rebate in the rent then due or thereafter
becoming due under the terms hereof. If the Lease is canceled as the result of Lessee's
default at any time while there remains outstanding any obligation from any insurance
company to pay for the damage or any part thereof, then the claim against the insurance
company shall, upon the cancellation of the within Lease, be deemed immediately to
become the absolute and unconditional property of the Lessor.
20.2 Lessee covenants and agrees with Lessor that nothing in this Lease
contained shall ever be construed as empowering the Lessee to encumber or cause the
34
Lessor to encumber or subordinate the title or interest of the Lessor.
20.3 Lessee covenants and agrees with Lessor that at the termination of this
Lease the Lessee will peaceably and quietly deliver possession of the Premises and all
improvements thereon unto the Lessor.
20.4 Lessee shall not mortgage, pledge, hypothecate or otherwise encumber its
leasehold interest without the prior written consent of Lessor, as provided for in this Lease.
ARTICLE XXl - COVENANT OF QUIET ENJOYMENT
21.1 Lessor covenants and agrees with Lessee that as long as the Lessee keeps
and performs all of the covenants and conditions by the Lessee to be kept and performed,
the Lessee shall have quiet and undisturbed and continuous possession of the premises,
free from any claims against the Lessor and all persons claiming under, by or through the
Lessor.
ARTICLE XXll - LESSOR'S RIGHT OF ENTRY
22.1 The Lessor or its agents shall have the right to enter upon the Premises at
all reasonable times to examine the condition and use thereof, provided, only, that such
right shall be exercised in such manner so as not to interfere with the Lessee in the
conduct of the Lessee's business on the Premises; and if the Premises are damaged by
fire, windstorm or by other casualty that causes the Premises to be exposed to the
elements, then the Lessor may enter upon the Premises to make emergency repairs; but
if the Lessor exercises its option to make emergency repairs, such act or acts shall not be
deemed to excuse the Lessee from his obligation to keep the Premises in repair. If Lessor
makes any emergency repairs pursuant to the terms hereof, Lessee shall reimburse Lessor
for all such repairs upon receipt by Lessee of LessoFs notice of repairs made and
statement and proof of costs incurred.
ARTICLE XXlII - NO REPRESENTATIONS BY LESSOR
23.1 Lessee acknowledges that it has examined the Premises and knows the
condition thereof and accepts the Premises in its present condition, "as is," and without any
representations or warranties of any kind or nature whatsoever by Lessor as to its condition
or as to the use or occupancy which may be made thereof. The Lessee assumes, in
accordance with provisions of this Lease, the sole responsibility for the condition,
operation, maintenance and management of the Premises and all improvements now or
hereafter situated thereon, and the Lessor shall not be required to furnish any facilities or
services or make any repairs or structural changes, additions or alterations thereto.
ARTICLE XXlV - LESSEE TO COMPLY WITH ALL LAWS
24.1 Lessee shall at all times comply with all laws, ordinances, regulations and
orders of Federal, State, County and municipal authorities pertaining to the Premises and
Lessee's improvements and operations thereon.
24.2 Lessee shall pay all costs, expenses, fines, penalties and/or damages which
may be imposed because of the failure of Lessee to comply with this Article, and Lessee
shall indemnify Lessor from any and all liability arising from such noncompliance.
24.3 Lessee covenants and agrees that there will be no discrimination as to race,
color, creed or national origin in its use of the Premises.
ARTICLE XXV - SURRENDER OF THE PREMISES
25.1 The Lessee shall, on or before the last day of the term herein demised, or the
sooner termination thereof, peaceably and quietly leave, surrender and yield upon to the
Lessor the Premises, togetherwith any and all equipment, fixtures, furnishings, appliances
or other personal property located at or on the Premises and used by Lessee in the
maintenance, management or operation of the Premises, excluding any trade fixtures or
personal property which can be removed without material injury to the Premises, free of
all liens, claims and encumbrances and rights of others and broom-clean, together with all
structural changes, alterations, additions, and improvements which may have been made
upon the Premises, in good order, condition and repair, reasonable wear and tear
excepted, subject, however, to the subsequent provisions of this Article. Any property
which pursuant to the provisions of this Article is removable by Lessee on or at the
Premises upon the termination of this Lease and is not so removed may, at the option of
the Lessor, be deemed abandoned by the Lessee, and either may be retained by the
Lessor as its property or may be removed and disposed of by Lessor at the sole cost of the
Lessee in such manner as the Lessor may see fit. If the Premises and personal property
are not surrendered at the end of the term as provided in this Article XXV, the Lessee shall
make good to the Lessor all damages which the Lessor shall suffer by reason thereof, and
shall indemnify, the Lessor against all claims made by any succeeding tenant, or
purchaser, so far as such delay is occasioned by the failure of the Lessee to surrender the
Premises as and when herein required.
25.2 The Lessee covenants and agrees that it will not enter into any subleases,
subtenancies, licenses or concession agreements relating to the Premises for a period of
time beyond the stated expiration date of this Lease
ARTICLE XXVI - FORCE MAJEURE
26.1 Either party hereto shall be excused from performing any of its respective
obligations or undertakings provided in this Lease, except as provided in Article XXV
hereof, "Surrender of the Premises," and excepting any of its respective obligations or
undertakings to pay any sums of money under the applicable provisions hereof, for so long
as the performance of such obligations are prevented or delayed, retarded or hindered
(plus such additional time mutually consented to by the parties) by act of God, weather or
unusual severity, fire, earthquake, flood, hurricane, explosion, action of the elements, war
(declared or undeclared), invasion, insurrection, riot, mob violence, sabotage, malicious
mischief, inability to produce or general shortage of labor, equipment, facilities, materials
or supplies in the open market, failure of transportation, strikes, lockouts, action of labor
unions, condemnation, public requisition, laws, order of government or any other cause,
whether similar or dissimilar to the foregoing, not within the reasonable control of the
respective party if such party hereto gives notice of such delay to the other party within
twenty (20) days of the occurrence of such event.
ARTICLE XXVlI- MISCELLANEOUS PROVISIONS
27.1 All periods of notice and/or grace, including any periods of notice which the
law may require as conditions precedent to the exercise of any rights by the Lessor against
the Lessee shall, at the option of the Lessor, run concurrently and not successively.
27.2 All arrearages in the payment of rent shall bear interest at the rate of ten
percent (10%) per annum from the date when they became due and payable hereunder
37
until the date when they are actually paid.
27.3 Although this is a long-term Lease, the relationship between the parties is
that of landlord and tenant, and all statutory previsions in the State of Florida regulating the
relationship of landlord and tenant, respecting the collection of rent and other charges, or
the repossession of the Demised Premises, shall accrue to the Lessor hereunder.
27.4 In the event of a breach or threatened breach by the Lessee of any of the
agreements, conditions, covenants or terms hereof, the Lessor shall have the right of
injunction to restrain the same, and the right to invoke any remedy allowed by law or in
equity as if specific remedies, indemnity or reimbursement were not herein provided for.
27.5 In the event of any default on the part of the Lessee in the performance of
or compliance with any of the terms, covenants, provisions or conditions of this Lease, and
the Lessor is required to bring any action or proceedings as a result thereof, then it is
agreed that the Lessor shall have the right to apply to any court having jurisdiction for the
appointment of a Receiver of all and singular the Demised Premises, buildings, fixtures,
furnishings and improvements located thereon, together with the rents, issues and profits
therefrom, and the Lessee does hereby expressly consent to the appointment of such
Receiver by the court with the usual powers and duties of Receivers in such cases, and
that such appointment be made by the court as a matter of strict right to the Lessor and
without reference to the adequacy or inadequacy of the value of the property which is
subject to the Lessor's liens, or to the solvency or insolvency of the Lessee, and without
reference to the commissions of waste.
27.6 The Lessor and Lessee hereby agree to cooperate fully with each other at
all times, and in addition to those matters hereinabove specifically referred to, to perform
such other and further acts, and sign and deliver such papers and documents, as may be
necessary in the circumstances from time to time during the term of this Lease to give full
effect to all of the terms, covenants, conditions and provisions of this Lease.
27.7 The captions of this Lease are for convenience and reference only and in no
way define, limit, or describe the scope or intent of this Lease nor in any way affect this
Lease.
38
27.8 The index preceding this Lease, but under the same cover, is for the purpose
of convenience and reference only and is not to be deemed or construed in any way as
part of this Lease, nor as supplemental thereto or amendatory thereof.
27.9 This Agreement shall be governed by the laws of the State of Florida
regardless of the diversity of citizenship of the parties in interest or the place of execution
of this Lease.
27.10 That all covenants, promises, conditions and obligations herein contained or
implied by law are covenants running with the land and shall attach to and be binding upon
the heirs, executors, administrators, successors, legal representatives and assigns of each
of the parties to this Lease.
27.11 Time is of the essence in every particular and particularly where the
obligation to pay money is involved.
27.12 When the parties desire to give notice unto the other or others in connection
with and according to the terms of this Lease, such notice shall be given by Registered or
Certified Mail, Return Receipt Requested, and shall be deemed given when it shall have
been deposited in the United States Mails with sufficient postage prepaid thereon to carry
it to its addressed destination, or by such conveyance then permitted by law, and the
notice shall be addressed as follows:
To the Lessor:
and with a copy to:
To the Lessee:
and with a copy to:
City Manager, City of Miami Beach, 1700 Convention
Center Drive, Miami Beach, Florida 33139
City Attorney, City of Miami Beach, 1700 Convention
Center Drive, Miami Beach, Florida 33139
Miami Beach Jewish Community Center, Inc., attn:
Director, 4221 Pine Tree Drive, Miami Beach, Florida
33140
Harry B. Smith, Esq., Ruden, McCIosky, Smith,
Schuster & Russell, P.A., 701 Brickell Avenue, Suite
1900, Miami, Florida 33131; or such other party as may
be appointed in the event of the resignation or death of
Harry B. Smith, Esq.
Where the parties on either side, Lessor or Lessee, consist of more than one person,
notice unto or default by one of the persons on that side shall constitute notice unto or
default by all of the persons on that side.
27.13 If, in connection with the enforcement of this Lease and by reason of the
Lessee's failure to keep and observe all of the covenants and conditions herein contained
by the Lessee to be kept and performed, it shall be necessary for the Lessor to employ an
attorney, then the Lessee shall pay the Lessor all reasonable attorneys' fees and court
costs incurred and/or expended by the Lessor, including all appellate fees and costs. And
conversely, if, in connection with the enforcement of this Lease and by reason of the
Lessor's failure to keep and observe all of the terms, covenants and conditions herein
contained by the Lessor to be kept and performed, it becomes necessary for the Lessee
to employ an attorney, then the Lessor shall pay the Lessee for all reasonable attorneys'
fees and court costs incurred and/or expended by the Lessee, including all appellate fees
and costs. Such fees and costs shall be awarded only to the prevailing party.
27.14 This Agreement shall be enforceable in Miami-Dade County, Florida, and if
legal action is necessary by either party with respect to the enforcement of any or all of the
terms or conditions herein exclusive venue for the enforcement of same shall lie in Miami-
Dade County, Florida.
27.15 The Lessor desires to enter into this Agreement only if in so doing the Lessor
can place a limit on Lessor's liability for any cause of action for money damages due to an
alleged breach by the Lessor of this Agreement, so that its liability for any such breach
never exceeds the sum of Ten Thousand ($10,000.00) Dollars. Lessee hereby expresses
its willingness to enter into this Agreement with the Lessee's recovery from the Lessor for
any damage action for breach of contract, or any other cause of action for money
damages, to be limited to a maximum amount of Ten Thousand ($10,000.00) Dollars.
Accordingly, and notwithstanding any other term or condition of this Agreement, Lessee
hereby agrees that the Lessor shall not be liable to Lessee for damages in an amount in
excess ofTen Thousand ($10,000.00) Dollars for any action or claim for breach of contract,
or any other cause of action for money damages, arising out of the performance or
4O
nonperformance of any obligations imposed upon the Lessor by this Agreement. Nothing
contained in this subparagraph or elsewhere in this Agreement is in any way intended to
be a waiver of the limitation placed upon Lessor's liability as set forth in Florida Statutes,
Section 768.28.
27.16 If a dispute arises out of or relates to this Lease, or the breach thereof, and
if the dispute cannot be settled through negotiation, the parties agree first to try in good
faith to settle the dispute by mediation administered by the American Arbitration
Association, or other similar alternative dispute resolution organization, person or source
agreeable to the parties, before resorting to litigation or other dispute resolution procedure.
27.17 ^ memorandum of agreement reflecting the execution hereof, and any
modifications, assignments or transfers of this Lease, shall be recorded in the public
records of Miami-Dade County, Florida, at Lessee's cost.
4]
IN WITNESS WHEREOF, the Lessor and Lessee have hereunto affixed their
respective hands and seals atthe place, and on the day and date first hereinabove written.
Signed, sealed and delivered in the presence of:
Attest:
City Clerk
CITY OF MIAMI BEACH
Neisen Kasdin, Mayor
Witnesses:
Print blame
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
City Attorney
Date
MIAMI BEACH JEWISH COMMUNITY
Print Name/Title
42
STATE OF FLORIDA )
)
COUNTY OF MIAMI-DADE )
SS:
persons described in and who executed the foregoing instrument, and acknowledged to
and before me that they executed the instrument for. the purpo.s~s therei)~ expressed.
WITNESS my hand and official seal, this ~ day of ('~L~/..~)~'-' ,2000.
J ~ Not~ry Public, ~'tate of Florida at La(ge
J~°'t~~uw.c~.~._ I Commission No.:
My Commission Expires:
STATE OF FLORIDA )
)
COUNTY OF MIAMI-DADE )
SS:
The foregoing instrument, was ackr~wl~edged before me this ,~?.~ day of
(~~ , 2000, by _ _~.~. '_/~.~~ , on behalf of the MIAMI
BE~'H JE~CVVISH COMMUNITY CENTER, INC. a Florida corporation not-for-profit, known
to me to be the persons described in and who executed the foregoing instrument, and
acknowledged to and before me that they executed the instrument for the purposes therein
expressed.
and official seal, this ,~'~ day of _~' ,2000.~
N~tary Public. ate of Florida at a g
Commission No.:
My Commission Expires:
NOTARY PUBUC - STATE OF FLORIDA
LINDA J. MARTIN
COMMISSION NUMBER CC5'/?-~-~
EXPIRES 10-6.2000
AMERICAN SURETY ASSOCIATES
f.888-NO TAR ¥- f
F:~ATTO\HELG\Projects2~JCC~JCC99yeadease5.wpd -July 12, 2000
43
Exhibit "A"
CITY OF MIAMI BEACH
PLANNING DEPARTMENT
Exhibit "B"
To:
From:
Date:
Subject:
Christina M. Cuervo
Assistant City Manager
Jorge G. Gomez ~
Planning and Zorflng Director
July 12, 2000
Development Regulations for the proposed expansion of the Jewish
Community Center, located on City Owned Property at 4221-4229
Pinetree Drive (Wofford Park).
Section 142-425 of the Land Development Regulations of the City Code requires that for
proposed developments in the GU government use district, the development regulations
shall be the average of the requirements contained in the surrounding zoning districts as
determined by the Planning and Zoning Director, which shall be approved by the City
Commission.
What follows, herein, are the development regulations (setbacks, floor area ratio, height)
as prescribed in said section of the Code:
Setbacks (from the RM-3 Zoning District/RS-1 Zoning District):
Front: 20 feet;
Side: South side yard - 8% of lot width: 24 feet (RM-3)
North side yard - 12.5 % of lot width: 37.5 feet (RS-l)
Rear: 12.5% of lot depth, up to a maximum of 50 feet (average of RS-1/RM-3)
Floor Area Ratio (FAR) (from the ROS land use designation):
Maximum FAR: 0.5
Building Height (from the RS-1 Zoning District):
Maximum Height: 25 feet, or 50% of lot width, whichever is greater, up to a
maximum of 33 feet.
JGG/RGL/rgl
F:\PLAN~PLB~APRIL~JCC 1449\DEVREGS,REV
INDEMNIFICATION AND REIMBURSEMENT AGREEMENT
This Indemnification and Reimbursement Agreement (the "Agreement") is made and
e~tered into at Miami Beach, Miami-Dade County, Florida, this /~____~_ day of
~ ~ ,2000, by and between, CITY OF MIAMI BEACH, a Florida municipal
ciSrporation (hereinafter referred to as "City") and MIAMI BEACH JEWISH COMMUNITY
CENTER, INC., a Florida not-for-profit corporation (hereinafter referred to as "JCC")
WHEREAS, the City is considering the extension and modification of an existing
lease between City and JCC of property at 4221 Pine Tree Drive, Miami Beach, Florida,
(the "Property") which extension and modification is known as the Amended and
Restated/Consolidated Lease (the "Lease"); and
WHEREAS, the approval of the Lease is subject to approval by a majority of voters
residing in precincts any part of which are located within one mile of the Property (the
"Referendum"); and
WHEREAS, on or after July 12, 2000, the City Commission will be considering the
adoption of certain resolutions approving the Lease, subject to the Referendum, and
approving the ballot language and other requirements for the Referendum; and
WHEREAS, the JCC has assured the City that it will indemnify, defend and hold
harmless the City for its actions related to the Lease, and related to the Referendum, and
will reimburse the City for costs in connection with the Referendum; and
WHEREAS, the parties seek to memorialize these assurances in this Agreement.
NOWTHEREFORE, the City and JCC, for and in consideration of the undertakings
described above, and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, agree as follows:
1. The above recitals are true and correct and incorporated in this Agreement.
2. The JCC shall protect, defend, indemnify and hold City harmless against any
loss or damage, including attorneys' fees and costs, arising out of or resulting from any
claim, action or law suit brought by a third party to (i) challenge the validity or enforceability
of the Lease, or any City action relating to the Lease, including challenges to the
referendum approval contemplated of the Lease; (ii) challenge the City's title to the
Demised Premises; or (iii) enjoin the Lease. If any litigation is instituted against the City
and/or the JCC as a result of the approval of the Lease, then the JCC shall defend the City
and save the City harmless from any and all reasonable attorneys' fees and court costs
that may be incurred, both at the trial and appellate level. Counsel in such actions shall
be selected by the JCC, subject to approval of City, which approval shall not be
unreasonably withheld or delayed.
3. The JCC shall reimburse the City for all costs and expenses associated with
the Referendum, or any referendum that may later be determined is required for approval
of the Lease, within thirty days of the City's written request for reimbursement.
4. City may maintain any and all actions at law or suits in equity or other proper
proceedings to obtain damages or injunctive relief in the event of the JCC's breach of this
Agreement. As further relief, in the event of the JCC's breach of this Agreement, City may
withhold execution of the Lease, until such breach is remedied. This Agreement shall be
enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party
with respect to the enforcement of any or all of the terms or conditions herein exclusive
venue for the enforcement of same shall lie in Miami-Dade County, Florida.
IN WITNESS WHEREOF, the City and JCC have hereunto affixed their respective
hands and seals at the place, and on the day and date first hereinabove written. Signed,
sealed and delivered in the presence of:
City Clerk
CITY OF I~MI BEACH
Neisen Kasdin, Mayor
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
City Attorney Date
2
Witnesses:
Print Name
ture
Print Name
MIAMI BEACH JEWISH COMMUNITY
INC. a Florida corporation
not.fq~r, pr-'b{it
Print Name/Title
STATE OF FLORIDA )
) SS:
oUNTY OF MIAMI-DADE )
regoing instrument was acknowledged before me this c~' 'day of
,2000, by Mayor Neisen Kasdin and Robert Parcher, City--~-~, or their
~esi~nees respectively, on behalf of the CITY OF MIAMI BEACH, known to me to be the
persons described in and who executed the foregoing instrument, and acknowledged to
and before me that they executed the instrument for ~he purposes there~in expressed.
WITNESS my hand and official seal, this .,,~day of ////~.-,(~/--. ,2000.
I.,_ L~LUAN B~UCH~M¢ ~[ ~(~tary Publi~, State of Florida at L~arge
F~T^RY PUBUC Sr^TE OF ~'~)R ,~^ ! Commission No.:
COMMISSION NO. CC73837'2 [ .. . .
L~¥co~,~[ss~oN ~x,. ^~,~. 2~.~;~__J My Commission Expires:
STATE OF FLORIDA )
) ~. SS:
COUNTY OF MIAMI-DADE )
The foregoing instrumen~ was acknowledged before me this c,2.~ day of
(:~z-~--~.~ , 2000, by ~.,f~/&,.(~/~'~- , on behalf of the MIAMI
BEtH J~z~VISH COMMUNITY CENTER, INC. a Florida corporation not-for-profit, known
to me to be the persons described in and who executed the foregoing instrument, and
acknowledged to and before me that they executed the instrument for the purposes therein
expressed.
my hand and officia)~eal, thins _~ day of ~ ,2000.
WITNESS
Notary P~ic, State of Florida at Large
Commission No.:
My Commission Expires:
F:~ATTO\HELG\Projects2\JCC~Agreement.doc.wpd-July 12, 2000
NOTARY PUBLIC - STATE OF FLORIDA
LINDA J. MARTIN
COMMISSION NUMBER CC5'/9~A~.
EXPIRES 10.6-20(X)
AMERICAN SURETY ASSOCIATES
I-8~NO TAR Y- f
CITY OF MIAMI BEACH
a Florida municipal corporation
Lessor
and
MIAMI BEACH JEWISH COMMUNITY CENTER, INC.
a Florida corporation not-for-profit
Lessee
AMENDED AND RESTATED/CONSOLIDATED LEASE
,2000
TABLE OF CONTENTS
ARTICLE PAGE
I. DEMISE BY LESSOR ............................................ 2
Section 1.1 Lease of Property
II.
DURATION AND TERM ........................................... 3
Section 2.1 Commencement and Maturity Dates
III.
AMOUNT OF RENT .............................................. 3
Section 3.1 Rent and payment schedule
IV.
USE AND POSSESSION OF DEMISED PREMISES .................... 3
Section 4.1 Permitted uses defined
TERMINATION OF PRIOR AGREEMENTS ........................... 5
Section 5.1 Effect on Prior Agreements
VI.
NET LEASE .................................................... 5
Section 6.1 Net lease defined
VII.
PROVISIONS REGARDING PAYMENT OF TAXES ..................... 5
Section 7.1 Lessee Pays All Taxes
Section 7,2 Contesting Tax Validity
Section 7.3 Failure or Refusal to Pay Tax
Section 7.4 Proration
LESSOR'S INTEREST NOT SUBJECT TO MECHANIC'S
OR MATERIALMEN'S LIENS ...................................... 7
Section 8.1 Notice to Third-Parties Regarding Liens
Section 8.2 Releasing and Discharging Liens
Section 8.3 Leasehold Mortgage
IX.
LESSOR'S RIGHTS AND REMEDIES .............................. 10
Section 9.1 Landlord-Tenant Relationship
Section 9.2 All Rights and Remedies
Section 9.3 Rights and Remedies Cumulative
INDEMNIFICATION OF LESSOR AGAINST LIABILITY ................. 10
Section 10.1 Indemnification Clause
Section 10.2 Commercial General Liability Policies
Section 10.3 Indemnification Clause For Lease Challenges
Section 10.4 Compliance With All Laws, Etc.
Section 10.4.1
Section 10.4.2
Section 10.4.3
Section 10.4.4
Section 10.4.5
Section 10.4.6
Rules On Hazardous Materials
Hazardous Materials Defined
Further Disclosure of Hazardous Materials
Lessor's Right to Inspect
Default
Lessee Receives Property "As Is"
XI. FIRE AND WINDSTORM, ETC. INSURANCE PROVISIONS ............. 14
XII.
XIV.
XV.
Section 11.1
Section 11.2
Section 11.3
Section 11.4
Section 11.5
Section 11.6
Property All Risk Coverage Policies
Builders' Risk Insurance Policies
Use Of Insurance Proceeds
Financing of Premiums
Default After Casualty
Excess Insurance Proceeds
LESSEE'S DUTY TO PAY INSURANCE PREMIUMS ...................
Section 12.1 Obligation and Proof of Payment
Section 12.2 Lessor's Option to Pay
17
ASSIGNMENT .................................................
Section 13.1 Right and Conditions of Assignments
Section 13.2 Notice and Approval
Section 13.3 Transfers or Assignment By Leasehold Mortgagee
18
CONDEMNATION CLAUSE ......................................
Section 14.1 Division of Condemnation Proceeds
Section 14.2 Lessee's Improvements
Section 14.3 Taking Rendering Premises Unsuitable for Permitted Uses
19
ADDITIONAL
Section 15.1
Section 15.2
Section 15.3
Section 15.4
Section
Section
Section
Section
Section
Section
Section
Section
Section
IMPROVEMENTS ................................... 20
Proposed Improvements Defined; Consistency with Concept Plan
Lessee's Responsibility for Design and Approvals
Preliminary Plans and Specifications
Review of Preliminary Plans and Specifications
15.5 Design Review Board Approval
15.6 Public Facilities and Concurrency
15.7 Construction Plans and Specifications
15.8 Conditions Precedent to Construction
15.9 Lessor's Cooperation in Obtaining Approvals
15.10 Phasing
15.11 Commencement of Construction
15.11.1 Unavoidable Delays
15.12 Completion of Construction
XVI.
XIX.
Section 15.13 Land Development Regulations
Section 15.14 Licensed Architects and Engineers
Section 15.15 Construction Cost Certification
Section 15.16 Completion Bond
Section 15.17 Diligence in Construction
DEED RESTRICTIONS CONCERNING THE
USE OF THE PROPERTY ........................................ 28
Section 16.1 Restrictions:
(a) Lessee Remains a Not-For-Profit Corporation
(b) Religious Services
(c) Assignments W~thout Consent Require Fair Market Value
(d) Lessee's Costs
(e) Security
(f) Insurance obligation
(g) Signs
Section 16.2 Violation of Restriction is Event of Default
DEFAULT CLAUSE
Section 17.1
Section 17.2
Section 17.3
Section 17.4
Section 17.5
Section 17.6
Event of Default
Statutory Landlord - Tenant Proceedings Apply
Thirty Day Cure Period
Lessor's Other Remedies
Liquidated Damages
Receiver
LESSEE'S DUTY TO KEEP PREMISES IN
GOOD REPAIR ................................................ 33
Section 18.1 Lessee's Covenant Regarding Maintenance and Repair
Section 18.2 Lessee's Covenant Regarding Utilities
DEMOLITION
Section 19.1
Section 19.2
Section 19.3
CLAUSE .......................................... 33
Lessee's Right to Demolish Conditioned
Value of Reconstruction
Expense of Demolition and Right to Salvage
ADDITIONAL
Section 20.1
Section 20.2
Section 20.3
Section 20.4
COVENANTS OF THE LESSEE ........................ 34
Destruction or Casualty No Entitlement to Termination
No Subordination of Lessor's Title
Covenant Regarding Surrender
Further Covenant Regarding Encumbrances
iii
XXI. COVENANT OF QUIET ENJOYMENT .............................. 35
Section 21.1 Lessee's Right to Quiet Enjoyment
XXlI. LESSOR'S RIGHT OF ENTRY .................................... 35
Section 22.1 Lessor's Right of Entry
NO REPRESENTATIONS BY LESSOR ............................. 35
Section 23.1 Lessor's Absence of Warranties Regarding Property and Lessee's
Acceptance of Premises
XXlV.
LESSEE TO
Section 24.1
Section 24.2
Section 24.3
COMPLY WITH ALL LAWS ............................ 36
Lessee's Compliance With All Laws
Lessee's Obligation to Pay Fines, Etc.
No Discrimination Clause
SURRENDER OF THE PREMISES ................................. 36
Section 25.1 Surrender of the Premises
Section 25.2 No Subleases, Etc.
XXVl. FORCE MAJEURE ............................................. 37
Section 26.1 Force Majeure
XXVII.MISCELLANEOUS PROVISIONS .................................. 37
Section 27.1
Section 27.2
Section 27.3
Section 27.4
Section 27.5
Section 27.6
Section 27.7
Section 27.8
Section 27.9
Section 27.10
Section 27.11
Section 27.12
Section 27.13
Section 27.14
Section 27.15
Section 27.16
Section 27.17
Grace Periods Run Concurrently
Arrearages
Landlord-Tenant Relationship Regarding Collections
Lessor's Remedies Not Otherwise Provided
Receivers
Cooperation
Captions
Index
Laws of Florida Apply
Covenants Running With the Land
Time Is of The Essence
Notice
Attorneys' Fees
Venue
Lessor's Limitation on Liability
Mediation
Recording in the Public Records
C
ITY OF MIAMI BEACH
Office of the City Attorney
Memorandum
TO:
FROM:
CC:
SUBJECT:
P'~obert Parcher, City Clerk DATE: June 17, 2003
Murray H. Dubbin, City Attorne~ ~
Robert Reboso, Redevelopment Specialist
Jeffrey Bercow, Esq.
JCC Amended and Restated/Consolidated Lease ("JCC Lease")
Mr. Reboso has presented to this Office the question of what is the "Commencement Date"
of the JCC Lease, as provided in Article II, section 2.1 of the Lease. Apparently, the spaces
for the "Commencement Date" were never filled in following its approval. Also contained
in that section are spaces to indicate a "Maturity Date," which were similarly not filled in.
The lease was approved by the City Commission by Resolution 2000-23994, adopted July
12, 2000, copy attached, subject to approval by referendum held November 7, 2000.
As the Lease approval by the Commission was expressly subject to voter approval, it is my
opinion that the Commencement Date of the Lease is the date on which such voter approval
became effective, which was November 8, 2000. On November 8, 2000, the City
Commission fore, ally adopted the results of the election, by Resolution 2000-24161, copy
attached.
Therefore, the Commencement Date of the JCC Lease is the 8th day of November, 2000, and
the Maturity Date of the Lease is the 7th day of November, 2099. Please so indicate on the
official documents in your files. Thank you.
F:XattoXHELG~Forms~AgreementsXJCC Lease Commencement Date Opinion.wpd
RESOLUTION NO. 2000-23994
RESOLUTION OF ~ MAYOR AND CITY COMMISSION
OF TILE CITY OF MIAMI BEACH, FLORIDA,
AUTHORIZING TIlE MAYOR AND CITY CLERK TO
EXECUTE AN AMENDED AND
RESTATED/CONSOLIDATED LEASE AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND MIAMI
BEACH JEVv'ISH CO1VIMIffNITY CENI'ER, INC. FOR A
PARCEL OF LAND AND FACILITIES LOCATED IN
WOFFORD PARK AT 4221 - 4229 PIl~ TREE DRIVE, MIAMI
BEACH, FLORIDA FOR USE AS A COMMUNITY
RECREATIONAL AND SERVICES CENTEl~ I~IJRTHER
CONFIRMING '[HE DEVELOPMENT REGULATIONS THAT
APPLY TO THE SITE, AND WAIVING BY 5/yras VOTE TH]E
PUBLIC BIDDING AND APPRAISAL REQUIREMENTS,
PURSUANT TO SECTION 82-39 OF THE CITY CODE,
FINDING SAID WAIVER TO BE 1N THE BEST INTEREST
OF THE ~JIT¥; AND APPROVING THE INDEMNIFICATION
AND REI1VIBURSEMENT AGREEMENT.
WHEREAS, on ~Iune 3, 1981 the City first leased to the Jewish Community Centers of South
Florida, Inc., City property at z[221 Pine Tree Dr/ye, also known as lots 5, 6 and 7 of Flamingo Bay
Subdivision, as recorded in Plat Book 6 at Page 101 of the public records o£Miami-Dade County,
Florida. (Resolution 81-16678); and
YVHERE2kS, the City's lease was amended and extended on three occasions, such that thc
present lease term extends through to October 31, 2015, with two additional ten-year options, and
is now assigned to Miami Beach Jewish Community Center, Inc., a not-for-profit corporation
(Resolutions 84-17863, 85-18280, and 88-19226); and
WHEREAS, the Jewish cOmmunity Center has expressed its desire to raise and expend $2
million in the property through the construction ora new facility; and
~'HEREAS, the Jewish Community Center h~ provided recreational pro~m-ns, including
organized and informal athletic activities for adults and children, physical fitness programs for senior
adults and children; children's day camp; cultural activities and events; informal adult education;
social events for children, teens, families, adults and seniors; meeting space for civic, cultural,
educational and religious org~niTations, and social services necessary to support the functioning of
the social, recreational and educational goals and programs at the site, including for example,
nutritional meal programs for senior citizens; and
WHEREAS, thc Jewish Community Center has requested that in order to accomplish the
construction of its new facility it would desire a 99-year lease, in light of the considerable investment
it proposes to make on this City property; and
WHIEREAS, certain approvals are necessary before the City can enter into the proposed
lease, including a det~,ination of applicable development regulations and appropriate uses for this
GU property (Miami Beach Code §§142-422, -423 & 425(a); Planning Director analysis and
dete~zination of waivers of public bidding and appraisals under Miami Beach Code §82-38 & -39;
and an approval in an clcetion by a majority of residents residing in voting precincts located within
one mile of the property, Miarni-Dadc County Charter §6.02); and
WHEREAS, this resolution is intended to provide all the necessary approvals and
authorizations for the lease of the property, subject to the determination of the voters by election as
provided for in Miami-Dade County Charter §6.02, and which election is authorized by separate
resolution, and subject to other provisions in the City's Land Development Regulations not
discussed above.
NOW, THEREI~ORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that:
The City Commission accepts the analysis of the Planning Director under Miami
Beach Code §82-38 as fully informing thc Commission of the various required
criteria in such code section and conditions involving thc proposed lcase of the
subject property.
The City Commission approves thc waiver of public bidding and appraisal of the
property, finding that the public intea'est would be served by waiving such conditions.
The City Commission approves the uses proposed in the lease of the subject property
to the Jewish Community Center, even though such uses are not expressly provided
for in the GU section of the Land Development Regulations, as permitted under
Miami Beach Code §142-422.
The City Commission approves the private use of the property in this GU zone as
proposed in the lease with the Sewish Col,nm,~nity Centelc, as p=tli~ilted under Miami
Beach Code §142-423.
The City Commission approves the development regulations proposed by the
Planning Director for this private use of GU property, as requ/red under Miami
Beach Code §142-425(a), specifically: setbacks from the RM-3 district and RS-l
district (front: 20 feet; side: south yard - 8% of lot width, 24 feet; north yard - 12.5%
of lot width, 37.5 feet; rear: 12.5% of lot depth), the FAR from the Res designation
in the comprehensive plan of.5; height from the RS distr/et of 25 feet or 50% of lot
width, whichever is greater, up to a maximum of 33 feet.
6o
The City Commission authorizes the Mayor and City Clerk to execute the Amended
and Restated/Consohdated lease with the Jewish Community Center substantially in
the form at~ached to the Commission memorandum on this item, subject to and
following the approval by a majority of the residents residing/n votinE precincts any
part of which is within one mile of the subject property, at an election author/zed by
separate resolution of this Commission.
The City Commission authorizes the Mayor and City Clerk to execute the separate
agreement with the Jewish Commtmity Center that provides the $CC will indemnify,
hold harmless and defend the City in connection with its actions concerning the
Lease and the referendum, and will reimburse the City for its costs in connection
with the referendum.
PASSED and Al)oPTED this 12th day of
CITY CLERK
July ,2000.
I~I~YOR
APPROVED AS TO
FORM & LANC~UA~E
& FOR EXECUTION
Date
RESOLUTION NO. 2000-24161
A RESOLIJTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, ADOPTING THE MIAMI-DADE
COUNTY CANVASSING BOARD'S CERTIFICATION OF THE RESULTS
OF TH~ CITY OF MIAMI BEACH SPECIAL ELECTION HELD ON
NOVEMBER 7, 2000 AND DECLARING RESULTS THEREOF.
WHEREAS, by City of Miami Beach Resolution No. 2000-24051, adopted on Augus~ 31,
2000, Miami-Dade County Election Officials were authorized to conduct the Special Election of the
City of Miami Beach to be held on iXlovember 7, 2000; and
WHEREAS, on November 7, 2000, Miarni-Dade County conducted a C, eneral Election, at
which time the City of Miami Beach authorized the holding of such Special Election; and
WHEREAS, the Certification of the results of the City of Miami Beach Special Election as
submitted by the Miami-Dade County Canvassing Board, said certification being dated November
8 , 2000, has been received and is made a part of this Rcsolutlon as Exhibit "A" attached hereto~;
and
WHEREAS, said Certification reflects that the Special Election Ballot Question was
a~roved by the subject City electors in precinct numbers 24, 25, 27, 28, 29, 30, 31 and
32.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF TItE CITY OF MIAMI BEACH, FLORIDA, that said Certification be and
the same is hereby adopted, which reflects thc following result upon the following question:
PROPOSED LEASE AMENDMENT OF CITY PARK LAND
TO MIAMI BEACH JEWISH COMMUNITY CENTER, INC.
· 'SHALL THE LEASE OF CITY PARK LAND (4221 PINE
'FIe, EE DRIVE, MIAMI BEACH) TO MIAMI BEACH JEWISH
COMMUNITY CENTER, INC. FOR A COMMUNITY
RECREATIONAL CENTER BE AMENDED TO: EXTEND
'l*l~c LEASE'S EXPIRATION DATE FROM 201S (PLUS TWO
TEN-YEAR OPTIONAL EXTENSIONS) TO 2099; REQUIRE
NEW CONSTRUCTION AND EXPANSION OF BUILDINGS
AND FACILITIES; AND TO PERMIT RELATED
RECREATIONAL, EDUCATIONAL, SOCIAL SERVICE,
CULTURAL AND RELIGIOUS-OI~IF~NTI~D USES?"
Exhibit "A" will be distributed at the November 8, 2000 City Commission meeting.
Y~S ~._,~F, 1 66.51 e/o
BE IT FURTIiER RESOLVED A_ND DETER1VIINED that the Special l~lection Ballot
Question was ~.
PASSED and ADOPTED this 8~h dayof
A'i-i-EST:
November , 2000.
I~,~.~¥OR
FORA4 & I. AF4~
& FOR EXECUTIC~
:2
MURRAY H. DUBBIN
City Attorney
OFFICE OF THE CITY ATTORNEY
F L 0(~ I D A
Telephone:
Telecopy:
(30~) 673-7470
(30~) 673-7002
COIVIN[I$SION ~I~MORAN~UM NO. g.~' ~-- 0 ~
TO:
FROM:
SUBJECT:
DATE: NOVEMBER 8, 2000
MAYOR NEISEN KASDIN,
MEMBERS OF THE CITY' COMMISSION AND
CITY MANAGER JORGE M. GONZALEZ
MURRAY Il. DUBBIN ,
ACCEPTANCE OF RESULTS OF CITY OF MIAMI BEACH'S NOVEMBER
7, 2000 SPECIAL ELEI.;[ION.
The attached Resolution formally accepts the certification of election results from thc City
of Miami Beach's November 7, 2000 Special Election regarding the proposed amended lease of City
parkland property to Miami Beach Jewish Community Center, Inc.
Acceptance of ~tis certification of election results effectively concludes Cindy actions relative
to the November 7, 2000 Special Election.
1700 Convention Center Drive -- FouFth Floor -- Miami Beac
A~enda Item
Date
COUNTY OF IVIIA_~H-DADE)
We, the undei~ll~t, County Co~n~ Judge LAWRENCE D. KING, Chairperson, County
Court Judge MYRIAI~ LEI-IR, Substitute Member for Board of County Commissioners, and,
Supervisor of Elections DAVID C. LEAHY, 1V~ember, constituting the Board of County
Canvassers in and for said County and appointed pursuant to Division of Elections Opinion
DE95-05 and Section 102.141, Florida Statutes, do hereby certify that we met on the 7th day of
November, A.D., 2000, and proceeded to publicly canvass the votes cast in the CITY 01~
M]2d~ BEACH SPECIAL ELECTION held on the 7~ day of November, A.D., 2000, ns
shown by thc returns on file in the office of the Supervisor of Elect/ohs. We do hereby certify
from said returns as follows:
PROPOSI~.D I.I~.ASE A~ENDMENT OF ~I'~"~' PARK LAND TO
MIAMI BEACH ~-EWISH COMMUNI'IY CEN'I'ER, INC.
Shall the lease of City park land (4221 Pine Tree Drive, Miami Beach) to ~ Beach Jewish
Commuuity Center, Inc. for a community recreational center be emended to: ex~nd the lease's
~xpiration date from 2015 (plus two ~-n:year op~io:ml extensio~-~) to 2099~ requir~ new
construction and expansion of buildings and facilities; and to perm/t related recreational,
educational, social service, cultural and religious-oriented uses?
~ 4,561 vo~
NO 2,297 votes
Page I of 2
Coun~YCourt ~ad'S~ M~RIA1V~'LHHR
Substitute Me~nber
for Board of County Cornmlssione~s
~eml~b 'ersOr °f EleC~°~ DA~C' LEAHY
Date Certified: 11/8/00
Pnge 2 of 2
227