Resolution 2019-30830 RESOLUTION NO. 2019-30830
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE
RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS
COMMITTEE, AND AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AMENDMENT NO. 1 TO THE LICENSE AGREEMENT DATED
MARCH 19, 2018, BETWEEN THE CITY (CITY) AND SOUTH FLORIDA
SENIORS IN ACTION, INC. (LICENSEE) FOR USE OF
APPROXIMATELY 2,792 SQUARE FEET OF AUDITORIUM SPACE,
LOCATED AT 833 SIXTH STREET, MIAMI BEACH, FLORIDA; SAID
AMENDMENT: 1) REDUCING THE CURRENT MONTHLY USE FEE,
EFFECTIVE MAY 1, 2019, FROM $430.43 TO $215.22 AND 2) WAIVING
DISPUTED USE FEE CHARGES, LATE FEES, AND INTEREST DUE
THROUGH APRIL 30, 2019, IN THE APPROXIMATE AMOUNT OF
$1,750.00.
WHEREAS, on February 13, 2019, the City Commission referred to the Finance
and Citywide Projects Committee (FCWPC) a discussion of modifications to the
agreements with South Florida Seniors in Action ("SFSIA") regarding its use of the
South Shore Community Center, located at 833 6th Street ("Center"); and
WHEREAS, in addition to SFSIA, the City provides space at the Center to
various nonprofit and community service organizations that aid the Miami Beach
community, including Miami-Dade Community Action Agency, Little Havana Activities
and Nutrition Centers of Dade County, South Florida Workforce Investment Board and
Lighthouse Church of Miami Beach; and
WHEREAS, since October 4, 2016, SFSIA has leased office space in the Center,
having approximately 142 square feet, for providing various services to the elderly
community in Miami Beach (i.e., food distribution, healthcare eligibility, etc.), for which
SFSIA has exclusive access and control; and
WHEREAS, the City charges tenants of the office space at the Center $1.20
. annually for Base Rent, plus specific operating expenses incurred by the City to operate
the Center (limited to utilities, maintenance, and janitorial services), which expenses are
currently estimated to be $11.06 per square foot; and
WHEREAS, on March 19, 2018, the City executed a License Agreement with
SFSIA for the non-exclusive use of the auditorium for 20 hours per week; and
WHEREAS, currently, the auditorium is also utilized by Lighthouse Church of
Miami Beach for religious services on Sundays between 9:00AM and 1:00PM and the
auditorium was previously utilized by Jewish Community Services (JCS) for its senior
meals program on weekdays between 8:00AM to 2:00PM; and
WHEREAS, as with the other nonprofit entities that utilize the auditorium, the
Mayor and City Commission approved a reduced rent for SFSIA whereby it would only
be required to pay a Base Fee of$1.20 per year and an Additional Fee for the operating
expenses of the auditorium, which amounted to approximately $11.06 per square foot,
and additionally, the Additional Fee would be further reduced, on a pro-rata basis, by
the days/hours of usage indicated above, in the amount of 20 hours per week; and
WHEREAS, utilizing the same formula as contained in the JCS agreement,
SFSIA's proportionate use amounts to 16.7% of a 120-hour week (24 hours/day times 5
days per week=120 hours), thus a pro-rated rate of$1.85 per square foot, when applied
to the auditorium measuring 2,792 SF, the annual Additional Fee amount was computed
at $5,165.20, or $430.33 per month; and
WHEREAS, at its April 19, 2019 meeting,,the FCWPC recommended in favor of
the following:
(1) The existing Lease Agreement for 142 SF of office space shall remain
unchanged.
(2) The City shall waive all disputed use fees, late charges and interest, due through
April 30, 2019 under the License Agreement, in the approximate amount of
$1,750.00.
(3) SFSIA shall pay all remaining past due use fees, due under the License
Agreement, in the approximate amount of$1,442.63.
(4) Effective May 1, 2019, the monthly use fees due under the License Agreement,
for the part-time use of the auditorium, shall be reduced from $430.43 to
$215.22; and
WHEREAS, the Administration recommends that the Mayor and City
Commission accept the recommendation of the FCWPC and authorize the Mayor and
City Clerk to execute Amendment No. 1 to the License Agreement; said amendment
containing the following essential terms: 1) waiving past due amounts, disputed use
fees, late fees and interest in the approximate amount of$1,750.00 and 2) effective May
1, 2019, reducing the monthly use fee from $430.43 to $215.22.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby accept the recommendation of the Finance and Citywide Projects
Committee, and authorize the Mayor and City Clerk to execute Amendment No. 1 to the
License Agreement dated March 19, 2018, between the City (City) and South Florida
Seniors in Action, Inc. (Licensee) for use of approximately 2,792 square feet of
auditorium space, located at 833 Sixth Street, Miami Beach, Florida; said Amendment:
1) reducing the current monthly use fee, effective May 1, 2019, from $430.43 to $215.22
and 2) waiving disputed use fee charges, late fees, and interest due through April 30,
2019, in the approximate amount of$1,750.00.
PASSED and ADOPTED this 8 day of 2019.
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Rafael E. Granado, City Clerk
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Resolutions - R7 F
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: May 8, 2019
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF
THE FINANCE AND CITYWIDE PROJECTS COMMITTEE, AND
APPROVING, IN SUBSTANTIAL FORM, AMENDMENT NO. 1 TO THE
LICENSE AGREEMENT BETWEEN THE CITY (CITY) AND SOUTH
FLORIDA SENIORS IN ACTION, INC. (LICENSEE) FOR USE OF
APPROXIMATELY 2,792 SQUARE FEET OF AUDITORIUM SPACE,
LOCATED AT 833 SIXTH STREET, MIAMI BEACH, FLORIDA; SAID
AMENDMENT: 1) REDUCING THE CURRENT MONTHLY USE FEE,
EFFECTIVE MAY 1, 2019, FROM $430.43 TO $215.22 AND 2) WAIVING
DISPUTED USE FEE CHARGES, LATE FEES, AND INTEREST DUE
THROUGH APRIL 30, 2019, IN THE APPROXIMATE AMOUNT OF $1,750.00;
AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE THE FINAL AMENDMENT.
RECOMMENDATION
The Administration recommends the Mayor and City Commission adopt the Resolution
accepting the recommendation of the Finance and Citywide Projects Committee and approving
the Amendment No. 1 to the License Agreement, subject to the provisions outlined below.
HISTORY
At the February 13 City Commission meeting, Commissioner Gongora sponsored a referral to
the Finance and Citywide Projects Committee to discuss modifications to the agreements with
South Florida Seniors in Action ("SFSIA") regarding its use of the South Shore Community
Center, located at 833 6th Street("Center").
In addition to SFSIA, the City provides space at the Center to various nonprofit and community
service organizations that aid the Miami Beach community, including Miami-Dade Community
Action Agency, Little Havana Activities and Nutrition Centers of Dade County, South Florida
Workforce Investment Board and Lighthouse Church of Miami Beach.
Lease Agreement for Use of the Office Space
Since September 2016, SFSIA has leased a 142 square foot office space in the Center for
providing various services to the elderly community in Miami Beach (i.e., food distribution,
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healthcare eligibility, etc.). SFSIA has exclusive access and control of the office space. At the
Center, the City charges tenants $1.20 annually for base rent and only charges specific
operating expenses incurred by the City to operate the Center (limited to utilities, maintenance,
and janitorial services), which expenses are currently estimated to be $11.06 per square foot.
License Agreement for Use of the Auditorium
In March 2018, the City executed a license agreement with SFSIA for non-exclusive use during
weekday afternoons of the Center's 2,792 square foot auditorium. Currently, the auditorium is
also utilized by Lighthouse Church of Miami Beach for religious services on Sundays between
9:00AM and 1:00PM and the auditorium was previously utilized by Jewish Community Services
for its senior meals program on weekdays between 8:00AM to 2:00PM. As was the case with
JCS, since SFSIA would only use the auditorium on a part-time, shared basis, a license
agreement was utilized to formalize the arrangement.
As with the other nonprofit entities that utilize the auditorium, the Mayor and City Commission
approved a reduced rent for SFSIA whereby they would only be required to pay based on the
Center's operating expenses, which amount to approximately $11.06 per square foot.
Additionally, the rent would be further reduced, on a pro rata basis, by the days/hours of usage
indicated above, in the amount of 20 hours per week. Utilizing the same formula as in the JCS
agreement, this use amounts to 16.7% of a 120 week (24 hours/day times 5 days per
week=120 hours). Accordingly, the pro-rated rate for SFSIA is $1.85 per square foot. The
auditorium measures 2,792 SF, thus the annual rent amount was computed at $5,165,20, or
$430.33 per month.
ANALYSIS
SFSIA has asked for waiver of past due rent and a rent reduction going forward. Following are
the basic terms and conditions contained in each Agreement with SFSIA:
1 ) Lease Agreement dated October 4, 2016 (City Commission Resolution No. 2016-
29437
Premises: 142 SF of office space on the first floor of the Center
Term: Three (3) years, commencing September 12, 2016 and ending
September 30, 2019
Use: Provide social services to the elderly community
Rent: $130.88 per month
Current Rent Balance: $0.00
•
2) License Agreement dated March 19, 2018 (City Commission Resolution No. 2018-
30173)
Premises: 2,732 SF auditorium on the first floor of the Center
Term: Coterminous with Lease Agreement, commencing March 1, 2018 and
ending September 30, 2019
Use: Mondays - Fridays, between 2 PM and 6 PM (nonexclusive and part
time)
Rent: $5,165.20 annually or$430.33 per month •
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Current Rent Balance: $0.00
Past Due Balance: Approximately $1,750 (for+/- 5.5 months disputed use
fees, late fees and interest - disputed by SFSIA due to construction interference,
elections, etc.)
Finance and Citywide Projects Committee
This matter was discussed at the Finance and Citywide Projects Committee (FCWPC) at it
April 19, 2019 meeting. The FCWPC recommended in favor of the following:
1)The existing Lease Agreement for 142 SF of office space shall remain unchanged
2) The City shall waive all disputed use fees, late charges and interest, due through April 30, 2019
under the License Agreement, in the approximate amount of$1,750.00
3) SFSIA shall pay all remaining past due use fees, due under the License Agreement, in the
approximate amount of$1,442.63
4) Effective May 1, 2019, the monthly use fees due under the License Agreement, for the part-
time use of the auditorium, shall be reduced from $430.43 to $215.22 .
CONCLUSION
The Administration recommends the Mayor and City Commission accept the recommendation of the
Finance and Citywide Projects Committee such that the Lease Agreement shall remain unmodified
and requiring that SFSIA pay all past due, non-disputed use fees due under the License Agreement
through April 30, 2019, in the approximate amount of$1,442.63. Further, approving the Amendment
No. 1 to the License Agreement, said amendment: 1) waiving past due, disputed use fees, late fess
and interest in the approximate amount of $1,750.00 and 2) effective May 1, 2019, reducing the
monthly use fee from$430.43 to$215.22.
Legislative Tracking
Economic Development
Sponsor
Commissioner Michael Gongora
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