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2019-30796 Resolution RESOLUTION NO. 2019-30796 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, FOLLOWING A DULY ADVERTISED PUBLIC HEARING, ACCEPTING THE RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE AND OF THE ADMINISTRATION, AND WAIVING, BY A 5/7TH VOTE, THE FORMAL COMPETITIVE BIDDING REQUIREMENT OF SECTION 82-39 OF THE CITY CODE, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY, AND APPROVING, IN SUBSTANTIAL FORM, A LEASE BETWEEN THE CITY (LANDLORD) AND STATE SENATOR JASON PIZZO (TENANT), FOR APPROXIMATELY 149 SQUARE FEET OF OFFICE SPACE, LOCATED AT 1701 MERIDIAN AVENUE, MIAMI BEACH, FLORIDA, FOR AN INITIAL TERM OF ONE (1) YEAR, COMMENCING RETROACTIVELY ON FEBRUARY 1, 2019 AND EXPIRING ON JANUARY 31, 2020, WITH THREE (3) ADDITIONAL RENEWAL TERMS, OF ONE (1) YEAR EACH, AT THE CITY'S OPTION; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE,FINAL NEGOTIATED LEASE. WHEREAS, in November 2018, Jason Pizzo was elected to represent Florida State Senate District 38, which includes a diverse cross-section of northeast Miami-Dade, including most communities bordering either side of Biscayne Bay from Miami Beach north to Golden Beach; and WHEREAS, the City of Miami Beach customarily provides other governmental entities with low-cost or rent-free office space at City-owned facilities, including State and County elected officials; and WHEREAS, members of the Florida Legislature are each provided a small budget to operate a local office in their representative district and Senator Pizzo expressed interest to the City about a local office to better serve and provide access to his Miami Beach constituents; and WHEREAS, all floors above the ground floor of 1701 Meridian Avenue, a City- owned building, are occupied by the City or other public-sector tenants and it serves the City's interests to have Senator Pizzo's district office within the City Hall complex; and WHEREAS, the Administration has negotiated a draft lease for an approximately 149 SF office space at 1701 Meridian Avenue, which lease is attached, in substantial form, to the City Commission Memorandum accompanying this Resolution; and WHEREAS, the proposed lease provides for an Initial Term of twelve (12) months, with three (3) possible renewal terms of one (1) year each, at the City Manager's sole discretion, with an annual rent of one dollar ($1.00), with the tenant contributing for its proportionate share of operating expenses and insurance; and the tenant is responsible for maintenance and repairs of the demised premises; and WHEREAS, during a discussion of the proposed lease at its March 22, 2019 meeting, the Finance and Citywide Projects Committee (FCWPC) acknowledged that the Senator's office located close to City Hall provides an important benefit to his Miami Beach constituents, and the FCWPC recommended that the City Commission approve the lease; and WHEREAS, based upon the foregoing, including the direct access to a State representative that the lease provides Miami Beach residents, the City Manager recommends that the Mayor and City Commission waive the formal competitive bidding requirement, by a 5/7ths vote, as permitted under Section 82-39 of the City Code, as being in the best interest of the City; and WHEREAS, the Administration recommends that the Mayor and City Commission accept the recommendation of the FCWPC and approve, in substantial form, the lease between the City and State Senator Jason Pizzo, a copy of which is attached to the City Commission Memorandum accompanying this Resolution, contingent upon the Administration completing negotiations and review and approval by the City Attorney's office. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, following a duly advertised public hearing, that the Mayor and City Commission hereby accept the recommendation of the Finance and City Projects Committee and of the Administration, and waive, by5/7th vote, the formal competitive bidding requirement of Section 82-39 of the City Code,finding such waiver to be in the best interest of the City, and approve, in substantial form, a lease between the City (Landlord) and State Senator Jason Pizzo (Tenant), for approximately 149 square feet of office space, located at 1701 Meridian Avenue, Miami Beach, Florida, for an initial term of one (1) year, commencing retroactively on February 1, 2019 and expiring on January 31, 2020,with three(3)additional renewal terms, of one(1)year each, at the City's option; and further authorize the Mayor and City Clerk to execute the final negotiated lease. PASSED and ADOPTED THIS /0 day of a/001 2019. Dan Gelber, Mayor ATTES ° / I2_, 19 Rafael E. Granado, City Cler ik `% RikOO f� ��°°° � p APPROVED AS TO ��: \` •••� y FORM & LANGUAGE ••"' . S & FO EXE UTION * =:1NCORP °RAI-EDI n� - 3V% 1 G� .�j�,� ., City Attorneys Ohm Date Resolutions -R7 G MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: April 10, 2019 2:30 p.m. Public Hearing SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, FOLLOWING A DULY ADVERTISED PUBLIC HEARING, ACCEPTING THE RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE AND OF THE ADMINISTRATION, AND WAIVING, BYA 5/7TH VOTE, THE FORMAL COMPETITIVE BIDDING REQUIREMENT OF SECTION 82-39 OF THE CITY CODE, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY,AND APPROVING, IN SUBSTANTIAL FORM, A LEASE BETWEEN THE CITY (LANDLORD) AND STATE SENATOR JASON PIZZO (TENANT), FOR APPROXIMATELY 149 SQUARE FEET OF OFFICE SPACE, LOCATED AT 1701 MERIDIAN AVENUE, MIAMI BEACH, FLORIDA, FOR AN INITIAL TERM OF ONE (1) YEAR, COMMENCING RETROACTIVELY ON FEBRUARY 1, 2019 AND EXPIRING ON JANUARY 31, 2020, WITH THREE (3) ADDITIONAL RENEWAL TERMS, OF ONE (1)YEAR EACH,AT THE CITY'S OPTION;AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE FINAL NEGOTIATED LEASE. RECOMMENDATION The Administration has negotiated the proposed lease terms and recommends that the City Commission authorize the Mayor and City Clerk to execute the lease with State Senator Jason Pizzo. HISTORY: In November 2018, Jason Pizzo was elected to represent District 38 in Florida's State Senate. District 38 includes a diverse cross-section of northeast Miami-Dade, including most communities bordering either side of Biscayne Bay from Miami Beach north to Golden Beach. Members of the Florida Legislature are each provided a small budget to operate a local office in their representative district. The City of Miami Beach has customarily provided other governmental entities with low-cost or rent-free office space at City-owned facilities, including for the County District 5 Commissioner, the Miami-Dade Clerk of Courts, Congresswoman Ileana Ros-Lehtinen, and State Representative David Richardson. Senator Pizzo has expressed interest in leasing space and it would benefit the City to have Senator Pizzo's district office within the City Hall complex. Page 808 of 1091 Although the ground floor of 1701 Meridian Avenue, a City-owned building, is rented to commercial retail tenants, all floors above are occupied by the City or other public-sector tenants. Starting in 2013, the City began leasing space on the fourth floor of 1701 Meridian Avenue to State Rep. Richardson, who used the office to provide services to constituents of Florida Congressional District 113. ANALYSIS The Administration has negotiated a draft lease, in substantial form (Attachment A), containing the following key terms: Term and Renewals. Initial term of 12 months, with 3 possible renewal terms of 1 year each, at the City Manager's sole discretion. The Senator requested only single-year terms, and the 4-year possible length (inclusive of renewals) represents one senatorial term. Premises and Use. Approximately 149 SF of office space located at 1701 Meridian Avenue, Suite 402B,for use as the Senate District 38 local office. Rent. $1 annually. Operating Expenses. $894 annually ($74.50 per month), for Tenant's proportionate share of Operating Expenses. Insurance. $134.16 annually ($11.18 per month), for Tenant's pro-rata share of insurance costs. Maintenance and Repairs. Tenant is responsible for maintenance and repair of the Demised Premises. Cleaning and trash removal are the Tenant's responsibility. Finance and Citywide Projects Committee At its March 22, 2019 meeting, the Finance and Citywide Projects Committee (FCWPC) discussed the proposed lease with Senator Pizzo. The FCWPC acknowledged how the Senator's office location close to City Hall provides an important benefit to his Miami Beach constituents. Accordingly, the FCWPC recommended favorably that the City Commission approve the lease. CITY MANAGER'S RECOMMENDATION • Based upon the foregoing, including the direct access to a State representative that the lease provides Miami Beach residents, the City Manager recommends that the Mayor and City Commission waive the formal competitive bidding requirement, by a 5/7th vote, as permitted under Section 82-39 of the City Code, as being in the best interest of the City. CONCLUSION The proposed lease with Senator Pizzo would enable use of the premises by a State legislator who serves Miami Beach constituents. In addition to the County District 5 office, this lease would provide Miami Beach residents with direct access to municipal, County, and State Page 809 of 1091 representatives—all within the City Hall complex. Therefore, the Administration recommends that the City Commission accept the recommendation of the FCWPC and authorize the Mayor and City Clerk to execute the lease. Legislative Tracking Economic Development ATTACHMENTS: Description ❑ Attachment A- Draft Lease(substantial form) © Resolution ❑ Ad Page 810 of 1091 LEASE AGREEMENT THIS LEASE AGREEMENT entered into on this day of 2019, by and between the CITY OF MIAMI BEACH, a Florida municipal corporation (hereinafter referred to as "City" or "Landlord"), and STATE SENATOR JASON W.B. PIZZO, an individual (hereinafter referred to as "Tenant"). 1. Demised Premises. The City, in consideration of the rentals hereinafter reserved to be paid and of the covenants, conditions, and agreements to be kept and performed by the Tenant, hereby leases, lets, and demises to the Tenant, and Tenant hereby leases and hires from the City, those certain premises hereinafter referred to as the "Demised Premises" and more fully described as follows: - Approximately 149 square feet of City-owned property (the "Building"), located at 1701 Meridian Avenue, Suite 402B, Miami Beach, Florida, 33139, and as more specifically delineated in "Exhibit 1," attached hereto and incorporated herein. 2. Term. 2.1 Tenant shall be entitled to have and to hold the Demised Premises for an initial term of one (1) year, `commencing on the 1st day of February 2019 ("Commencement Date"), and ending on the 31st day of January 2020. For purposes of this Agreement, and including, without limitation, Subsection 2.2 herein, the first "Contract Year" shall be defined as that certain period::commencing on the 1st day of February. Thereafter, a "Contract Year":shall be defined as the one (1) year period commencing on the 1st day of February and ending on the 31st day of January. 2.2 Provided Tenant is in good standing and free from default(s) under Section 18 hereof, and upon written notice from Tenant, which notice shall be submitted to the City Manager no later than one hundred twenty (120) days prior to the expiration of the initial term, this Lease may be extended for three (3) additional one (1) year renewal terms. Any extension, if approved, shall be memorialized in writing and signed by the parties hereto (with the City hereby designating the City Manager as the individual authorized to execute such extensions on its behalf). In the event that the City Manager determines, in his sole discretion, not to extend or renew this Lease Agreement (upon expiration of the initial term or any renewal term), the City Manager shall notify Tenant of same in writing, which notice shall be provided to Tenant within fifteen (15) business days of the City Manager's receipt of Tenant's written notice. Page 8111 of 1091 3. Rent. 3.1 Base Rent. Intentionally Omitted. 3.2 Additional Rent. In addition to the Base Rent, as set forth in Section 3.1, Tenant shall also pay the following Additional Rent as provided below: 3.2.1 Operating Expenses. Commencing on the Commencement Date, Tenant shall pay Seventy-Four Dollars and 50/100. ($74.50) per month, for its proportionate share of"Operating Expenses.". "Operating Expenses" shall;mean the following costs and expenses incurred in operating, repairing, and maintaining the Common Facilities (as hereinafter defined) and shall include, without limitation, electric service, water service to the Building, sewer service to the Building, trash. removal from the Building, costs incurred for gardening and landscaping, repairing and maintaining elevator(s), painting, janitorial services (except for areas within the Demised Premises), lighting, cleaning, striping, policing, removing garbage and other:. refuse and trash, removing ice and snow, repairing and maintaining sprinkler systems, water pipes, air- conditioning systems, temperature control systems, and security systems, fire alarm repair and maintenance and other equipment in =the common areas and the exterior and structural portions of the Building, . paving and repairing, patching and maintaining the parking areas` and' walkways, and cleaning adjacent areas, management fees and the City's employment expenses to employees furnishing and rendering any services to the common areas, together with an additional administration charge equal to fifteen percent (15%) of all other expenses included in the annual common area expenses, provided by the City for the common or joint use and/or benefit of the occupants of the Building, their employees, agents, servants, customers and other invitees. "Common Facilities" shall mean all Building areas, spaces, equipment, as well as certain services, available for use by or for the benefit of Tenant and/or its employees, agents, servants, volunteers, customers, guests and/or invitees. Tenant agrees and understands that the costs incurred for Operating Expenses may increase or decrease and, as such, Tenant's pro-rata share of Operating Expenses shall increase or decrease accordingly. Page 82 of 1091 3.2.2 Property Taxes. If applicable, the Property Tax Payment shall be payable by Tenant, in accordance with Section 11 herein. 3.2.3 Insurance. The Additional Rent shall also include Tenant's pro-rata share toward estimated insurance costs incurred to insure the whole of the Building, payable in monthly installments of Eleven Dollars and 18/100 ($11.18). This insurance coverage is in addition to the insurance required pursuant to Section 10, which shall be obtained at Tenant's sole expense and responsibility. 3.3 Sales Taxes. Concurrent with the payment of the Additional Rent as provided herein, Tenant shall also pay any and all sums for all applicable tax(es), including without limitation, sales and use taxes and Property Taxes, imposed, levied or assessed against the Demised Premises, or any other charge or payment required by any governmental authority having jurisdiction there over, even though the taxing statute or ordinance may purport to impose such tax against the City. 3.4 Enforcement. Tenant agrees to pay the Additional Rent, and any other amounts as may be due and payable by Tenant under this Agreement, at the time and in the manner provided herein,,and should said rents and/or other additional amounts due herein provided, at any time remain due and unpaid for a period of fifteen (15) days after the same shall become due, the City may exercise any or allloptions available to it hereunder, which options may be exercised concurrently or separately, or the City may pursue any other remedies enforced bylaw. 4. Location for Payments. All rents or other payments due hereunder shall be paid to the City at the following address: City of Miami Beach Revenue Manager 1700 Convention Center Drive, 3rd Floor Miami Beach, Florida 33139 or at such other address as"the City may, from time to time, designate in writing. 5. Parking. Tenant may request, from the City's Parking Department, the use of no more than four (4) parking spaces, if available, at Municipal Parking Garage 2-G located on 17th Street and Meridian Court. Rates for said spaces are subject to change, and are currently Seventy ($70.00) Dollars per month, plus applicable sales and use tax per space. Page 8e3 of 1091 6. Security Deposit. Intentionally Omitted. 7. Use and Possession of Demised Premises. 7.1 The Demised Premises shall be used by the Tenant solely for the purpose(s) of serving as a district office to conduct administrative business, provide constituent services, and related matters. Said Premises may be open for operation five (5) days a week, with normal hours of operation generally being as follows: Monday- Friday: 9:00 AM to 5:00 PM Tenant shall not otherwise modify the,days or hours of operation without the prior written approval of the City Manager. Nothing herein contained shall be construed to authorize hours contrary to the laws governing such operations. 7.2 It is understood and agreed that the Demised Premises shall be used by the Tenant during the. Term of this Agreement only for the above purposes)/use(s), and for no other purpose(s) and/or use(s) whatsoever. Tenant will not make or permit any use of the Demised Premises that, directly or indirectly, is forbidden by law, ordinance, or government regulation, or that may be dangerous to lifer limb, or property. Tenant may not commit (nor permit) waste on the Demised Premises; nor permit the use of.,the Demised Premises for any illegal purposes; nor commit a nuisance on the Demised Premises. In the event that the Tenant uses the Demised Premises (or otherwise allows the Demised Premises to be used) for any purpose(s) not expressly permitted herein, or permits and/or allows any prohibited use(s) as provided herein, then the City may declare • this Agreement .in default pursuant to Section 18 or, without notice to Tenant, restrain such improper use by injunction or other legal action. 8. Improvements. 8.1 Tenant accepts the Demised Premises in their present "AS IS" condition and may construct or cause to be constructed, such interior and exterior improvements and maintenance to thd Demised Premises, as reasonably necessary for it to carry on its permitted use(s), as set forth in Section 7; provided, however, that any plans for such improvements shall be first submitted to the City Manager for his prior written consent, which consent, if granted at all, shall be at the City Manager's sole and absolute discretion. Additionally, any and all approved improvements shall be made at Tenant's sole expense and responsibility. All permanent (fixed) improvements to the Demised Premises shall remain the property of the City upon termination and/or expiration of this Agreement. Upon termination and/or expiration of this Agreement, all personal property and non-permanent trade fixtures may be removed by the Tenant from the Page 844 of 1091 Demised Premises, provided that they can be (and are) removed without damage to the Demised Premises. Tenant will permit no liens to attach to the Demised Premises arising from, connected with, or related to the design and construction of any improvements. Moreover, such construction shall be accomplished through the use of licensed, reputable contractors who are acceptable to the City. Any and all permits and or licenses required for the installation of improvements shall be the sole cost and responsibility of Tenant. 8.2 Notwithstanding Subsection 8.1, upon termination and/or expiration of this Agreement, and at City's sole option and discretion, any or all alterations or additions made by Tenant to or in the Demised Premises shall, upon written demand by the City Manager, be promptly removed by Tenant, at its expense and responsibility, and Tenant further hereby agrees, in such event, to restore the Demised Premises to their original condition prior to the Commencement Date of this Agreement. 8.3 The above requirements for submission of plans and the use of specific contractors shall not apply to improvements (which term, for purposes of this Subsection 8.3 only, shall also include improvements as necessary for Tenant's maintenance apd repair of the:Demised Premises) which do not exceed Five Hundred ($500.00) Dollars, provided that the work is not structural, and provided that it'is permitted by applicable law. 9. City's Richt of Entry.' 9.1 The City Manager, and/or his authorized representatives, shall have the right to enter upon'the Demised Premises at all reasonable times for the purpose of inspecting same; preventing waste; making such repairs as the City may consider necessary;;and for the purpose of preventing fire, theft or vandalism. The City agrees that, whenever reasonably possible, it shall use reasonable;efforts to provide notice (whether written or verbal), unless the need to enter the Demised Premises is an emergency, as deemed by the City Manager, in his sole discretion, which if not immediately addressed could cause property damage, loss of life or limb, or other injury to persons. Nothing herein shall imply any duty on the part of the City to do any work that under any provisions of this Agreement the Tenant may be required to perform, and the performance thereof by the City shall not constitute a waiver of the Tenant's default. 9.2 If the Tenant shall not be personally present to open and permit entry into the Demised Premises at any time, for any reason, and any entry thereon shall be necessary or permissible, the City Manager, and/or his authorized representatives, may enter the Demised Premises by master key, or may forcibly enter the Demised Premises without rendering the City or such agents liable therefore. 9.3 Tenant shall furnish the City with duplicate keys to all locks including exterior and interior doors prior to (but no later than by) the Page 8f6 of 1091 Commencement Date of this Agreement. Tenant shall not change the locks to the Demised Premises without the prior written consent of the City Manager, and in the event such consent is given, Tenant shall furnish the City with duplicate keys to said locks in advance of their installation. 10. Tenant's Insurance. 10.1 Tenant shall, at its sole expense and responsibility, comply with all insurance requirements of the City. It is agreed by the parties that Tenant shall not occupy the Demised Premises until proof of the following insurance coverages have been reviewed and approved by the City's Risk Manager: 10.1.1 Comprehensive General Liability, in the minimum amount of One Million ($1,000,000) Dollars (subject to adjustment for inflation) per occurrence for bodily injury and property damage. The City of Miami Beach must be named as an additional? insured on this policy. 10.1.2 Workers Compensation andEmployers Liability coverage in accordance with Florida statutory requirements. 10.1.3 All-Risk property and casualty insurance, written at a minimum of eighty (80%) percent of. replacement cost value and with replacement cost endorsement, covering all leasehold improvements installed in the Demised Premises by or on behalf of Tenant and: including without limitation all of Tenant's personal property in -the Demised Premises (including, without limitation, inventory, trade fixtures, floor coverings, furniture, and other property' removable by Tenant under the provisions of this Agreement). 10.2 Proof of these coverages must be provided by submitting original certificates of insurance to the City's Risk Manager and Asset Manager respectively. All policies must provide thirty (30) days written notice of cancellation to both the City's Risk Manager and Asset Manager (to be submitted to the addresses set forth in Section 27 hereof). All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida and must have a rating of B+:VI or better per A.M. Best's Key Rating Guide, latest edition, and certificates are subject to the approval of the City's Risk Manager. 11. Property Taxes and Assessments. For the purposes of this Section and other provisions of this Agreement: 11.1 The term "Property Taxes" shall mean (i) real estate taxes, assessments, and special assessments of any kind which may be imposed upon the Demised Premises, and (ii) any expenses incurred by the City in obtaining a reduction of any such taxes or assessments. Page 8f6 of 1091 11.2 The term "Property Tax Year" shall mean the period of twelve (12) calendar months, beginning on January 1st of each year. 11.3 It is not anticipated that Property Taxes shall be assessed upon the Demised Premises given its governmental use. In the event that Property Taxes are assessed, Tenant shall pay, as Additional Rent pursuant to Section 3.2, for such Property Tax Year an amount ("Property Tax Payment") equal to Tenant's pro-rata share of Property Taxes (if any) for such Property Tax Year; said pro-rata share to be determined by the City based upon the ratio of the Demised Premises to the tax lot. If a Property Tax Year ends after the expiration or termination of the term of this Agreement, the Property Tax Payment therefore shall be prorated to correspond to that portion of such Property Tax Year occurring within the term of this Agreement. The Property Tax Payment shall be payable by Tenant immediately upon receipt ofnotice from the City. A copy of the tax bill(s) or other evidence of such taxes issued by the taxing authorities, together with the City's computation of the Property Tax Payment, will be made available to Tenant once received :from the taxing authorities, if requested by Tenant. Tenant shall pay any difference in the amount between the estimated property taxes and the actual property taxes to the City immediately, upon receipt of request for said payment from the City. 12. Assignment and Subletting. Tenant shall not have the right to assign or sublet the Demised Premises, in whole or in part,, without the prior written consent of the City Manager, which consent, if granted at all, shall be at the City Manager's sole and absolute discretion. Such written consent is not a matter of right and the City is not obligated to give such consent. If granted as provided herein, the making of any assignment or sublease will not release Tenant from any of its obligations under this Agreement. 13. Operation, Maintenance, and Repair. 13.1 Tenant shall be solely responsible for the operation, maintenance and repair of the Demised Premises. Tenant shall, at its sole expense and responsibility, maintain the Demised Premises, and all fixtures and appurtenances therein, and shall make all repairs thereto, as and when needed, to preserve them in good working order and condition. Tenant shall be responsible for all interior walls and the interior and exterior of all windows and doors, as well as immediate replacement of any and all plate glass or other glass in the Demised Premises which may become broken, using glass of the same or better quality. The City shall be responsible for the maintenance of the roof, the exterior of the Building, all heating/ventilation/air conditioning (HVAC) equipment servicing the Demised Premises, the structural electrical and plumbing (other than plumbing surrounding any sink(s) and/or toilet(s), including such sink(s) and toilet(s) fixture(s), within the Demised Premises), the Page 877 of 1091 common areas and the chilled water supply system. The City shall maintain and/or repair those items that it is responsible for, so as to keep same in proper working condition. 13.2 All damage or injury of any kind to the Demised Premises, and including without limitation its fixtures, glass, appurtenances, and equipment (if any), or to the building fixtures, glass, appurtenances, and equipment, if any, except damage caused by the gross negligence and/or willful misconduct of the City, shall be the sole obligation of Tenant, and shall be repaired, restored or replaced promptly by Tenant, at its sole expense and to the satisfaction of the City. 13.3 All of the aforesaid repairs, restorations, and' replacements shall be in quality and class equal to or better than the original work or installations and shall be done in good and workmanlike manner. 13.4 If Tenant fails to make such repairs or restorations or replacements, the same may be made by the City, at the expense of Tenant, and all sums spent and expenses incurred by the City shall be collectable by the City and shall be paid by Tenant within three;(3) days after submittal of a bill or statement therefore. 13.5 It shall be Tenant's sole obligation and responsibility to insure that any renovations, repairs and/or improvements made by Tenant to the Demised Premises comply with all applicable building codes and life safety codes of governmental authorities having.jurisdiction. 13.6 TENANT HEREBY ACKNOWLEDGES AND AGREES THAT THE DEMISED PREMISES ARE BEING LEASED IN THEIR PRESENT "AS IS" CONDITION. 14. Governmental Regulations. Tenant covenants and agrees to fulfill and comply with all statutes, ordinances, rules, orders, regulations, and requirements of any and all governmental bodies, including but not limited to Federal, State, Miami-Dade County, and City governments, and any and all of their departments and bureaus applicable to the Demised Premises, and shall also comply with and fulfill all rules, orders, and regulations for the prevention of fire, all at Tenant's own expense and responsibility. Tenant shall pay all cost, expenses, claims, fines, penalties, and damages that may be imposed because of the failure of Tenant to comply with this Section, and shall indemnify and hold harmless the City from all liability arising from each non-compliance. 15. Liens. Tenant will not permit any mechanics, laborers, or materialman's liens to stand against the Demised Premises or improvements for any labor or materials to Tenant or claimed to have been furnished to Tenant's agents, contractors, or sub-tenants, in connection with work of any character performed or claimed to have performed on said Premises, or improvements by or at the direction or Page 803 of 1091 sufferance of the Tenant; provided however, Tenant shall have the right to contest the validity or amount of any such lien or claimed lien. In the event of such contest, Tenant shall give the City reasonable security as may be demanded by the City to insure payment thereof and prevent sale, foreclosure, or forfeiture of the Premises or improvements by reasons of such non-payment. Such security need not exceed one and one half (11/2) times the amount of such lien or such claim of lien. Such security shall be posted by Tenant within ten (10) days of written notice from the City, or Tenant may "bond off' the lien according to statutory procedures. Tenant will immediately pay any judgment rendered with all proper costs and charges and shall have such lien released or judgment satisfied at Tenant's own expense. 16. Intentionally Omitted. . 17. Condemnation. 17.1 If at any time during the Term of this Agreement (including any renewal term hereunder) all or any part or portion of the Demised Premises is taken, appropriated, or condemned by ;-reason of Eminent Domain proceedings, then this Agreement shall be terminated as of the date of such taking, and shall thereafter be completely null and void, and neither of the parties hereto shall thereafter have any rights against the other by reason of this Agreement or anything contained therein, except that any rent prepaid beyond the date of such:taking shall be prorated to such date, and Tenant shall pay any and all rents, additional rents, utility charges, and/or other costs for which it is liable under the terms of this Agreement, up to the date of such taking. 17.2 Except as_hereunder provided, Tenant shall not be entitled to participate in the proceeds of any award, made to the City in any such Eminent Domain proceeding, excepting, however, Tenant shall have the right to claim and recover from the condemning authority, but not from the City, such compensation as may be separately awarded or recoverable by Tenant in Tenant's own right on account of any and all damage to Tenant's business by reasons of the condemnation and for or on account of any cost or loss which Tenant might incur in removing Tenant's furniture and fixtures. 18. Default. 18.1 Default by Tenant. At the City's option, any of the following shall constitute an Event of Default under this Agreement: 18.1.1 The Additional Rent, or any other amounts as may be due and payable by Tenant under this Agreement, or any installment thereof, is not paid promptly when and where due within fifteen (15) days of due date, and Tenant shall not have cured such failure within five (5) days after receipt of written notice from the City specifying such default; Page 599 of 1091 18.1.2 The Demised Premises shall be deserted, abandoned, or vacated; 18.1.3 Tenant shall fail to comply with any material term, provision, condition or covenant contained herein other than the payment of rent and shall not cure such failure within thirty (30) days after the receipt of written notice from the City specifying any such default; or such longer period of time acceptable to the City, at its sole discretion; 18.1.4 Receipt of notice of violation from any :governmental authority having jurisdiction dealing with a law, code, regulation, ordinance or the like, which remains uncured for:a period of thirty (30) days from its issuance, or such longer period:,of time=;as may be acceptable and approved in writing by the City Manager, at his sole discretion; 18.1.5 Any petition is filed by or against Tenant under any section or chapter of the Bankruptcy Act, as amended, which remains pending for more than sixty (60:) days, or any other proceedings now or hereafter authorized by the laws of the United States or of any state for the purpose of discharging or extending the time for payment of debts; 18.1.6 Tenant shall become insolvent; 18.1.7 Tenant shall make an assignment for benefit of creditors; 18.1.8 .A receiver is appointed for Tenant by any court and shall not be dissolved within thirty (30)days thereafter; or 18.1.9 The leasehold interest is levied on under execution. 19. Rights on Default. 19.1 Rights on Default. In the event of any default by Tenant as provided herein, City shall have the option to do any of the following, in addition to and not in limitation of, any other remedy permitted by law or by this Agreement; 19.1.1 Terminate this Agreement, in which event Tenant shall immediately surrender the Demised Premises to the City, but if Tenant shall fail to do so the City may, without further notice, and without prejudice to any other remedy the City may have for possession or arrearages in rent or damages for breach of contract, enter upon the Demised Premises and expel or remove Tenant and its effects in accordance with law, without being liable for prosecution or any claim for damages therefore, and Tenant agrees to indemnify and hold harmless the City for all loss and damage which the City may suffer by reasons of such Agreement termination, whether through inability to re-let the Demised Premises, or otherwise. Page 9tO of 1091 19.1.2 Declare the entire amount of the Additional Rent which would become due and payable during the remainder of the term of this Agreement to be due and payable immediately, in which event Tenant agrees to pay the same at once, together with all rents therefore due, at the address of the City, as provided in the Notices section of this Agreement; provided, however, that such payment shall not constitute a penalty, forfeiture, or liquidated damage, but shall merely constitute payment in advance of the rents for the remainder of said term and such payment shall be considered, construed and taken to be a debt provable in bankruptcy or receivership. 19.1.3 Enter the Demised Premises as the agent :of Tenant, by force if necessary, without being liable to prosecution, or any claim for damages therefore; remove Tenant's property there.from; and re-let the Demised Premises, .:or portions thereof, for .such terms and upon such conditions which the City deems, in its sole discretion, desirable, and to receive the rents therefore, and Tenant shall pay the City any deficiency that may arise by reason of such re-letting, on demand at any time and from time to time at the office of the City; and for the purpose of re-letting, the City may (i) make any repairs, changes, alterations or additions in or to said Demised Premises that may;be necessary or convenient; (ii) pay all costs and expenses therefore from rents resulting from re-letting; and (iii) Tenant shall pay the City any deficiency as aforesaid. 19.1.4 Take possession of any personal property owned by Tenant on said Demised Premises and sell the same at public or private sale, and apply same to the payment of rent due, holding Tenant liable for the deficiency, if any: 19.1.5 It is expressly agreed and understood by and between the parties hereto that any installments of rent accruing under the provisions of this Agreement which shall not be paid when due shall bear interest at the maximum legal rate of interest per annum then prevailing in Florida;from the date when the same was payable by the terms hereof, until the same shall be paid by Tenant. Any failure on the City's behalf to enforce this Section shall not constitute a waiver of this provision with respect to future accruals of past due rent. No interest will be charged for payments made within the grace period, such grace period to be defined as within five (5) days from the due date. In addition, there will be a late charge of Fifty ($50.00) Dollars for any payments submitted after the grace period. 19.1.6 If Tenant shall default in making any payment of monies to any person or for any purpose as may be required hereunder, the City may pay such expense but the City shall not be obligated to do so. Tenant, upon the City's paying such expense, shall be obligated to Page ski of 1091 forthwith reimburse the City for the amount thereof. All sums of money payable by Tenant to the City hereunder shall be deemed as rent for use of the Demised Premises and collectable by the City from Tenant as rent, and shall be due from Tenant to the City on the first day of the month following the payment of the expense by the City. 19.1.7 The rights of the City under this Agreement shall be cumulative but not restrictive to those given by law and failure on the part of the City to exercise promptly any rights given hereunder shall not operate to waive or to forfeit any of the said rights. 19.2 Default by City. The failure of the City to perform any of the covenants, conditions and agreements of this Agreement which are to be performed by the City and the continuance of such failure fora period of thirty (30) days after notice thereof in writing from Tenant to the City (which notice shall specify the respects in which Tenant contends that the City failed to perform any such covenant, conditions and agreements) shall constitute a default by the City, unless such default is one which cannot be cured within thirty (30) days because of circumstances beyond the City's control, and the City within such thirty (30) day period shall have commenced and thereafter shall continue diligently to prosecute all actions necessary to cure such defaults. However,;in the event the City fails to perform within the initial thirty (30) day period provided above, and such failure to perform prevents Tenant from operating its business in a customary manner and causes an undue hardship for Tenant, then such failure to perform (regardless of circumstances beyond its control) as indicated above, shall constitute a default by the City. 19.3 Tenant's Rights on Default. If an event of the City's default shall occur, Tenant, to the fullest extent permitted by law, shall have the right to pursue any and all remedies available at law or in equity, including the right to sue for and collect damages, including reasonable attorney fees and costs, to terminate this Agreement; provided however, that Tenant expressly acknowledges and agrees that any recovery by Tenant shall be limited to the amount set forth in Section 32 of this Agreement. 20. Indemnity Against Costs and Charges. 20.1 Tenant shall be liable to the City for all costs and charges, expenses, reasonable attorney's fees, and damages which may be incurred or sustained by the City, by reason of Tenant's breach of any of the provisions of this Agreement. Any sums due the City under the provisions of this item shall constitute a lien against the interest of the Tenant and the Demised Premises and all of Tenant's property situated thereon to the Page 82 of 1091 same extent and on the same conditions as delinquent rent would constitute a lien on said premises and property. 20.2 If Tenant shall at any time be in default hereunder, and if the City shall deem it necessary to engage an attorney to enforce the City's rights and Tenant's obligations hereunder, Tenant will reimburse the City for the reasonable expenses incurred thereby, including, but not limited to, court costs and reasonable attorney's fees, whether suit be brought or not and if suit be brought, then Tenant shall be liable for expenses incurred at both the trial and appellate levels. 21. Indemnification Against Claims. 21.1 Tenant shall indemnify and save the City harmless from and against any and all claims or causes of action (whether groundless or otherwise) by or on behalf of any person, firm, or corporation, for'personal injury or property damage occurring upon the Demised Premises or-upon any other land or other facility or appurtenance used in connection with the Demised Premises, occasioned in whole or in by any of the following: 21.2 21.2.1 An act or omission on the part of•`Tenant, or any employee, agent, contractor, invitee, guest, assignee, sub-tenant or subcontractor of Tenant; 21.2.2 Any misuse, neglect, or unlawful use of the Demised Premises by Tenant, or any employee, agent, contractor, invitee, guest, assignee, sub-tenant or,subcontractor of Tenant; 21.2.3 .Any breach, violation, or non-performance of any undertaking of Tenant under this Agreement; 21..2.4 Anything growing out of the use or occupancy of the Demised Premises by Tenant or anyone holding or claiming to hold through Or under this Agreement. 21.3 Tenant agrees to pay all damages to the Demised Premises and/or other facilities used in connection therewith, caused by Tenant or any employee, agent, contractor, guest, or invitee of Tenant. 22. Signs and Advertising. Without the prior written consent of the City Manager, which consent, if given at all, shall be at the City Manager's sole and absolute discretion, Tenant shall not permit the painting and display of any signs, plaques, lettering or advertising material of any kind on or near the Demised Premises. All additional signage shall comply with signage standards established by the City and comply with all applicable building codes, and any other municipal, County, State and Federal laws. 23. Effect of Conveyance. The term "City" and/or "Landlord" as used in the Agreement means only the Page an of 1091 owner for the time being of the land and building containing the Demised Premises, so that in the event of any sale of said land and building, or in the event of a lease of said building, the City shall be and hereby is entirely freed and relieved of all covenants and obligations of the City hereunder, and it shall be deemed and construed without further agreement between the parties, or between the parties and the purchaser at such sale, or the lease of this building, that the purchaser or Tenant has assumed and agreed to carry out all covenants and obligations of the City hereunder. 24. Damage to the Demised Premises. 24.1 If the Demised Premises shall be damaged by the elements or other casualty not due to Tenant's negligence,,or by fire, but are not thereby rendered untenantable, as determined by the City Manager, in his sole discretion, in whole or in part, and such damage is covered by the City's insurance, if any, (hereinafter referred to as "such occurrence"), the City, shall, as soon as possible after: such occurrence, utilize the insurance proceeds to cause such damage to be repaired and the Rent.(Base Rent and Additional Rent) shall not be abated. If by reason of such occurrence, the Demised Premises shall be rendered untenantable, as determined by the City Manager, in.his sole discretion, only in part, the City shall as soon as possible utilize the insurance proceeds to cause the damage to be repaired, and the Rent meanwhile shall be abated proportionately as to the portion of the Demised Premises rendered untenantable; provided however, that the City shall promptly obtain a good faith estimate of the time required to render the Demised Premises tenantable and if such time exceeds sixty (60)-.days, either party shall have the option of canceling this Agreement. 24.2 If the Demised Premises shall be rendered wholly untenantable by reason of such occurrence, the City shall have the option, but not the obligation, in its sole discretion, to utilize the insurance proceeds to cause such damage to be repaired and the Rent meanwhile shall be abated. However, the City shall have the right, to be exercised by notice in writing delivered to Tenant within sixty (60) days from and after said occurrence, to elect not to reconstruct the destroyed Demised Premises, and in such event, this Agreement and the tenancy hereby created shall cease as of the date of said occurrence, the Rent to be adjusted as of such date. If the Demised Premises shall be rendered wholly untenantable, Tenant shall have the right, to be exercised by notice in writing, delivered to the City within thirty (30) days from and after said occurrence, to elect to terminate this Agreement, the Rent to be adjusted accordingly. 24.3 Notwithstanding any clause contained in this Section 24, if the damage is not covered by the City's insurance, then the City shall have no obligation to repair the damage, but the City shall advise Tenant in writing within thirty (30) days of the occurrence giving rise to the damage and of its decision not to repair, and the Tenant may, at any time thereafter, elect to terminate this Agreement, and the Rent shall be adjusted accordingly. Page 8*of1091 25. Quiet Enjoyment. Tenant shall enjoy quiet enjoyment of the Demised Premises and shall not be evicted or disturbed in possession of the Demised Premises so long as Tenant complies with the terms of this Agreement. 26. Waiver. 26.1 It is mutually covenanted and agreed by and between the parties hereto that the failure of the City to insist upon the strict performance of any of the conditions, covenants, terms or provisions of this Agreement, or to exercise any option herein conferred, will not be considered or construed as a waiver or relinquishment for the future of any such conditions, covenants, terms, provisions or options but the same shall continue and remain in full force and effect. 26.2 A waiver of any term expressed herein shall not be implied by any neglect of the City to declare a forfeiture on account of the violation of such term if such violation by continued or repeated subsequently and any express waiver shall not affect any term other'than the one specified in such waiver and that one only for the time and:in the manner specifically stated. 26.3 The receipt of any sum paid by Tenant to the City after breach of any condition, covenant, term or provision herein contained shall not be deemed 'a waiver of such breach, but shall be taken, considered and construed as payment for use and occupation, and not as Rent, unless such breach be expressly waived in writing by the City. • 27. Notices. The addresses for all notices required under this Agreement shall be as follows, or at such other address as either party shall be in writing, notify the other: LANDLORD: City Manager City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 With copy to: Asset Manager City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Page 8'M of 1091 TENANT: State Senator Jason Pizzo 1701 Meridian Avenue, Suite 402B Miami Beach, Florida 33139 With copy to: State Senator Jason Pizzo 5582 N.E. 4th Court, Suite 7B Miami, Florida 33137 All notices shall be hand delivered and a receipt requested, or by certified mail with Return receipt requested, and shall be effective upon.receipt. 28. Entire and Binding Agreement. This Agreement contains all of the agreements between the parties hereto, and it may not be modified in any manner other than by agreement in writing signed by all the parties hereto or their successors;in interest. The tears, covenants and conditions contained herein shall inure to the benefit of and be binding upon the City and Tenant and their respective successors and assigns, except as may be otherwise expressly provided in this Agreement. 29. Provisions Severable. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent; be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other:than those as to which it is held invalid or unenforceable, shall not be affected thereby and each term and provision of this Agreement shall be valid andbe enforced to the fullest.extent permitted by law. 30. Captions. The captions contained herein are for the convenience and reference only and shall not be deemed=a part of this Agreement or construed as in any manner limiting or amplifying the terms and provisions of this Agreement to which they relate. 31. Number and Gender. Whenever used herein, the singular number shall include the plural and the plural shall include the singular, and the use of one gender shall include all genders. 32. Limitation of Liability. The City desires to enter into this Agreement only if in so doing the City can place a limit on the City's liability for any cause of action for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the sum of Ten Thousand ($10,000.00) Dollars. Tenant hereby expresses its willingness to enter into this Agreement with Tenant's recovery from the City for any damage action for breach of contract to be limited to a maximum amount of $10,000.00. Accordingly, and notwithstanding any other term or condition of this Agreement, Tenant hereby agrees that the City shall not be liable to Tenant for damage in an amount in excess of $10,000.00 for any action or claim for breach of contract arising out of Page 8th of 1091 the performance or non-performance of any obligations imposed upon the City by this Agreement. Nothing contained in this Section or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon the City's liability as set forth in Florida Statutes, Section 768.28. 33. Surrender of the Demised Premises. Tenant 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 City the Demised Premises, together with any and all equipment, fixtures, furnishings, appliances or other personal property, if any, located at or on the Demised Premises and used by Tenant in the maintenance, management or operation of the Demised Premises, excluding any trade fixtures or personal property, if any, which can be removed without.;material injury to the Demised Premises, free of all liens, claims and encumbrances and rights of others or broom-clean, together with all structural changes, alterations, additions, and improvements which may have been madelupon the Demised Premises, in good order, condition and repair, reasonable wear and tear excepted, subject, however, to the subsequent provisions of this Section. Any property which pursuant to the provisions-of this Section is removable by Tenant on or at the Demised Premises upon the termination of this Agreement and is not so removed mays at the option of the.City, be deemed abandoned by Tenant, and either may be retained by the City as its property or may be removed and disposed of at the sole cost of the Tenant in such manner as the City may see fit. If the Demised Premises and personal property, if any, be not surrendered at the end of the Term as provided in this Section, Tenant shall make good the. City all damages which the City shall suffer by reason thereof, and shall indemnify and :hold harmless the City against all claims made by any succeeding tenant or purchaser, so far_as such delay is occasioned by the failure of Tenant to surrender the Demised Premises as and when herein required. 34. Tithe is of the Essence. Time is of the essence in every particular and particularly where the obligation to pay money is involved. 35. Venue. This Agreement shall be deemed to have been made and shall be construed and interpreted in accordance with the laws of the State of Florida. 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 and all the terms or conditions herein, exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. CITY AND TENANT HEREBY KNOWINGLY AND INTENTIONALLY WAIVE THE RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING THAT THE CITY AND TENANT MAY HEREIN AFTER INSTITUTE AGAINST EACH OTHER WITH RESPECT TO ANY MATTER ARISING OUT OF OR RELATED TO THIS AGREEMENT. 36. Radon Notice. Page 8t7 of 1091 Radon is a naturally occurring radioactive gas that, when it is accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of Radon that exceed Federal and State guidelines have been found in buildings in Florida. Additional information regarding Radon and Radon testing may be obtained from your County Public Health Unit. 37. No Dangerous Materials. Tenant agrees not to use or permit in the Demised Premises the storage and/or use of gasoline, fuel oils, diesel, illuminating oils, oil lamps, combustible powered electricity producing generators, turpentine, benzene,,.naphtha, propane, natural gas, or other similar substances, combustible materials, or explosives of any kind, or any substance or thing prohibited in the.:standard policies of fire insurance companies in the State of Florida. Any such substances or materials found within the Demised Premises shall be immediately removed. Tenant shall indemnify and hold the City:harmless from any loss, damage, cost, or expense of the City, including, without limitation, reasonable attorney's fees, incurred as a result of, arising from, or connected`with the placement by Tenant of any "hazardous substance" or "petroleum products" on, in or upon the Demised Premises as thoseterms are defined by applicable Federal and State Statute, or any environmental rules and environmental regulations promulgated thereunder. The provisions of this Section 37 shall survive the termination or earlier expiration of this Agreement. 38. No Discrimination. In connection With its operations, Tenant shall not discriminate against any employee or applicant for employment on the basis of actual or perceived race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status, age, disability, ancestry, height, weight, domestic partner status, labor organization membership, familial situation, or political affiliation. Additionally, Tenant shall comply fully with the City of Miami Beach Human Rights Ordinance, codified in Chapter 62 of the City Code, as may be amended from time to time, prohibiting discrimination in employment, housing, public accommodations, and public services on account of actual or perceived race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status, age, disability, ancestry, height, weight, domestic partner status, labor organization membership, familial situation, or political affiliation. 39. Prohibitions Regarding Sale or Use of Expanded Polystrene Food Service Articles, Single-Use Plastic Beverage Straws, and Single-Use Plastic Stirrers. 39.1. Tenant hereby agrees and acknowledges that, pursuant to Section 82-7 of the City Code, as may be amended from time to time, Tenant shall not sell, use, provide food in, or offer the use of expanded polystyrene food Page 8e of 1091 service articles (as defined in City Code Section 82-7) in the Demised Premises. A violation of this section shall be deemed a default under the terms of this Lease Agreement. Notwithstanding the above, this section shall not apply to expanded polystyrene food service articles used for prepackaged food that have been filled and sealed prior to receipt by Tenant. 39.2. Additionally, Tenant agrees and acknowledges that, pursuant to Section 82-8 of the City Code, as may be amended from time to time, Tenant shall not sell, use, provide food in, or offer the use of single-use plastic beverage straws or single-use plastic stirrers.(as..defined in City Code Section 82-8) in the Demised Premises. A violation of this section shall be deemed a default under the terms. of this Lease Agreement. Notwithstanding the above, the requirements of Section 82-8 shall not restrict Tenant from providing a beverage with, or"offering the use of, a single-use plastic beverage straw or single-use plastic stirrer to an individual with a disability or medical condition that..,, impairs the consumption of beverages without a single-use plastic beverage straw or single-use plastic stirrer. SIGNATURE PAGES TO FOLLOW • IN WITNESS WHEREOF, the parties hereto have caused their names to be signed aril their seals to be affixed, all as of the day and year first above written, indicating their agreement. Attest: CITY OF MIAMI BEACH, FLORIDA Rafael Granado, City Clerk Dan Gelber, Mayor Witness Page 8t of 1091 Print Name Attest: STATE SENATOR JASON PIZZO Witness Jason Pizzo Print Name Witness Print Name Date: EXHIBIT 1 Demised Premises Page aro of 1091 • • ' I f-_7--- - 11 I t II li\ I . 1 WORK • AREA 1 , ; I, n 425 SQ. FT. L • ELEVATOR I f • I I LOBBY I I OFFICE I ,�� ! j CL 130 SO. F. ' 1 I^.... i _ i , u �� • ..i'l / / CORRIDOR ;:I'ii! _� !n ROOM / T - _.._. Ill ;;R; RECEPTION/ / ► • WORK AREA 1 I / /FFICE J / / ', 'L r 402A ►' 402B WAITING !V / / /! 541 i ► 149 AREA h,,/ SQFT i ► � SQFT k 1, / / / / X TENANT I ill/ / / / / / / / / / � I / /OFFICE / / / S^NFN / _____-/ L ,j; ROOM OFFICE OFFICE Ii / / / /. / / / / / OFFICE PLAN 0 SCALE:1/8'.1'-0' f .�- 1 • !=.7' .. -T= In.0. "' :7 1--'IT. 1f� v.c 1 I i Ue .....i 47'. + �� -4 ,m a' men 6 �' . l; Si',. II ■ I '1 my 'le��- '1 tel .--- `` ... r , °.� I ti 1 ,.. [ L-,'f,,_14 9 J _ ____q - , ..,.. ,.„... -_ -. FOURTH FLOOR PLAN 0 SCALE:NTS • / N e9 1 r' w5ar WILL dg z 4th Floor Office Space �, � 777 Building ® !','1I,e-`. 'V 1.1 I t''‘`,...,.h E,1, 1701 Meridian Avenue Page gal of 1091 20 IE I I NEIGHBORS I tuerismeiseer' • PV)IAMIBEACH CITY OF MIAMi BEACH NOTICE OF PUBLIC HEARING APRIL 10, 2019 NOTICE IS HEREBY given that the following public hearings will be heard by the Mayor end City Commissioners of the City of Miami Beech. Florida, In the Commission Chamber,Third Floor.City Hall, 1700 Convention Center Drive.Miami Beach.Florida,on AAAi 10,2019,at the bine listed,or as soon thereafter as the matter can be heard 2:25 p.m.Public Hoofing A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMi BEACH, FLORIDA, FOLLOWING A DULY ADVERTISED PUBLIC HEARING, ACCEPTING THE RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE AND OF THE ADMINISTRATION,AND WAIVING,BY A 5/7'"VOTE,THE FORMAL COMPETITIVE BIDDING REQUIREMENT OF SECTION 82-39 OF THE CITY CODE,FINDING SUCH WAIVER TO Be IN THE BEST INTEREST OF THE CITY,AND APPROVING,IN SUBSTANTIAL FORM,A LEASE BETWEEN THE CITY(LANDLORD) AND MIAMI-DADE COUNTY(TENANT), FOR APPROXIMATELY 412 SQUARE FEET OF OFFICE SPACE, LOCATED AT MIAMI BEACH CITY HALL, 1740 CONVENTION CENTER DRIVE.MIAMI BEACH,FLORIDA,FOR AN INITIAL TERM OF ONE(1)YEAR, COMMENCING ON DECEMBER 1.2019 AND EXPIRING ON NOVEMBER 30,2020, WITH TWO(2)ADDITIONAL RENEWAL TERMS,OF FOUR(4)YEARS EACH.AT THE CITY'S OPTION;AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE FINAL NEGOTIATED LEASE.This Resolution is being heard pursuant to Section 166.041 F.S. inquiries may be directed to the Economic Development Department at 305.673.7577. 2:30 p.m.Public Hearing A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA. FOLLOWING A DULY ADVERTISED PUBUC HEARING, ACCEPTING THE RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE AND OF THE ADMINISTRATION,AND WAIVING.BY A 5/7"VOTE,THE FORMAL COMPETITIVE BIDDING REQUIREMENT OF SECTION 82-39 OF THE CITY CODE,FINDING SUCH WAIVER TO RE IN THE BEST INTEREST OF THE CITY.AND APPROVING,IN SUBSTANTIAL FORM,A LEASE BETWEEN THE CITY(LANDLORD) AND STATE SENATOR JASON PIZZO (TENANT), FOR APPROXIMATELY 149 SQUARE FEET OF OFFICE SPACE.LOCATED Al' 1701 MERIDIAN AVENUE.MIAMI BEACH, FLORIDA. FOR AN INITIAL TERM OF ONE (1) YEAR, COMMENCING RETROACTIVELY ON FEBRUARY 1,2019 AND EXPIRING ON NOVEMBER 30,2020, WiTH THREE(3)ADDITIONAL RENEWAL TERMS,OF ONE(1)YEAR EACH,AT THE CITY'S OPTION,AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE FiNAL NEGOTIATED LEASE This Resolution is being heard pursuant to Section 166:041 FS. Inquiries may Do directed to the Economic Devtllopm.nI Department at 305.673.7577. INTERESTED PARTIES are invited to appear at this meeting= or be represented by an agent,or to express mei►views in writing addressed to the City Commission,do the City Clerk, 1700 Convention Center Drive, 1" Floor, City Hall, Miami Beach, Florida 33139. Copies of these items are available for public inspection during normal business hours in the Office of the City Clerk„ 1700 Convention Center Drive, 1"Floor,City Hall, Miami Beech, Florida 33139. This meeting, or any Item herein, may be continued, and under such circumstances.additional legal notice need not be provided. Pursuant to Section 286.0105. Fla. Stat., the City hereby advises the public that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at its meeting or its hearing,such person must ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based.This notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or Irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. To request this material in alternate format, sign language interpreter(five-day notice required),information on access for persons with disabilities.and/or any accommodation to review any document or participate in any City-sponsored proceedings, cart 305.604,2489 and select 1 for English or 2 for Spanish.then option 6;TTY users may call via 711,(Florida Relay Service). Rafael E.Grenado,City Clerk City of Miami Beach Ad 041019-06 Page 834 of 1091