656-2021 RDA RESOLUTION NO. 656-2021
A RESOLUTION OF THE CHAIRPERSON AND MEMBERS OF THE MIAMI
BEACH REDEVELOPMENT AGENCY (RDA), FOLLOWING A DULY
ADVERTISED PUBLIC HEARING, ACCEPTING THE RECOMMENDATION OF
THE CITY'S FINANCE AND ECONOMIC RESILIENCY COMMITTEE, AND
APPROVING AND AUTHORIZING THE CHAIRPERSON AND SECRETARY TO
EXECUTE AMENDMENT NO. 1 TO THE LEASE AGREEMENT, DATED
AUGUST 12, 2019, AMONG THE CITY OF MIAMI BEACH, THE RDA
(COLLECTIVELY, LANDLORD)AND MOONLIGHTER FABLAB, INC.(TENANT)
FOR USE OF APPROXIMATELY 6,720 SQUARE FEET OF RETAIL SPACE,
LOCATED AT 1661 PENNSYLVANIA AVENUE (DEMISED PREMISES); SAID
AMENDMENT INCREASING THE SIZE OF THE DEMISED PREMISES, BY
ADDING THE REMAINING 935 SQUARE FEET OF AVAILABLE SPACE AT THE
PROPERTY, FOR USE OF A TOTAL OF 7,655 SQUARE FEET.
WHEREAS, the City owns the Pennsylvania Avenue Garage Condominium, located at
1661 Pennsylvania Avenue, Miami Beach:Florida 33139, which includes Unit 1, a municipal
garage (the "Penn Garage"), having approximately 560 parking spaces, and Unit 2, which
includes Suites A-G, and has a total of approximately 7,655 square feet of_ground floor retail
space (the "Retail Space"); and
WHEREAS, the Retail Space has been vacant since the previous tenant vacated in 2015;
and
WHEREAS, since that time, the City has utilized the vacant Retail Space for various
purposes like EnerGov training, temporary offices for Code Compliance and Housing &
Community Services, and as a temporary location for the Miami Beach Chamber of Commerce
(MBCC)Visitor's Center(the "Visitor's Center"); and
WHEREAS, on December 21, 2018, the City received a letter of intent for the Retail Space
from Moonlighter Fablab, Inc. d/b/a Moonlighter Makerspace ("Moonlighter"), a 501 (c)3 nonprofit
organization that serves as a Science, Technology, Engineering, Arts & Math (S.T.E.A.M.)
education center; co-working space; and digital fabrication lab, all together in one space; and
WHEREAS from December 7, 2016 to December 31, 2020 the MBCC utilized
approximately 935 square feet of the northeasterly portion of the Retail Space for the Visitor
Center; and
WHEREAS, on January 25, 2019, the Finance and Citywide Projects Committee
(FCWPC)favorably recommended authorizing the City Manager to negotiate a lease of the Retail
Space with Moonlighter, with an initial term of 3 years, and two (2) one-year renewal options, at
the City's option, and with an enhanced offering of public benefits, specifically benefiting Miami
Beach students; and
WHEREAS, at its March 13, 2019 meeting, pursuant to City Commission Resolution No.
2019-30761, the Mayor and City Commission accepted the recommendation of the FCWPC and
approved the draft lease, for the use of the remaining 6,720 square feet of the Retail Space; and
WHEREAS, on August 12, 2019, the City, the Miami Beach Redevelopment Agency
("RDA") (collectively, "Landlord"), and Moonlighter Fablab, Inc. ("Tenant") executed a Lease
Agreement ("Lease") for use of the Demised Premises, which Lease commences as of the date
the Landlord tenders possession of the Demised Premises to Tenant; and
WHEREAS, Moonlighter has not been able to move into the Demised Premises, because
in order to share the Retail Space with MBCC, the City would have to install a devising wall to
separate the spaces and perform repairs to the existing kitchen equipment at the Retail Space,
at a cost of approximately$80,000; or Moonlighter would have to secure a zoning change of use
(i.e., Light Industrial); and
WHEREAS, on February 19, 2021, the Finance and Economic Resiliency Committee
(FERC)discussed expanding the Moonlighter Demised Premises to include the northeasterly 935
square feet area of the Retail Space, previously occupied by MBCC, and recommended in favor
of amending the Lease to include the remaining 935 square feet; and
WHEREAS, in a separate item, FERC discussed a new lease for MBCC, relocating the
Visitor Center to an available retail space at the Anchor Shops, located at 100 16th Street, Suite
No. 6, and recommended in favor of approving the new lease; and
WHEREAS, the relocation of the Visitor Center would avail the remaining 935 square feet
of Retail Space previously occupied by the Visitor Center allowing Moonlighter to use the entire
Retail Space, without the need to construct a devising wall or going through the expense of
applying for a change of use for the Retail Space; and
' WHEREAS, based on the foregoing, the Executive Director recommends accepting the
recommendation of FERC, and approving Amendment No. 1 to the Lease, incorporated herein
by reference and attached to this Resolutions as Exhibit "A".
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Chairperson and Members
of the Miami Beach Redevelopment Agency (RDA), following a duly advertised public hearing,
hereby accept the recommendation of the City's Finance and Economic Resiliency Committee,
and approve and authorized the Chairperson and Secretary to execute Amendment No. 1 to the
lease agreement, dated August 12, 2019 among the City of Miami Beach, the RDA (collectively
Landlord) and Moonlighter Fablab, Inc. (Tenant) for use of approximately 6,720 square feet of
Retail Space located at 1661 Pennsylvania Garage (Demised Premises); said Amendment
increasing the size of the Demised Premises, by adding the remaining 935 square feet of available
space at the property, for use of a total 7,655 square feet.
PASSED and ADOPTED THIS en day of /1/0d 2021.
Dan Gelber, Chairperson
ATTEST:
e>1. `heb 1
Rafael E. ranado, Secretary ..........1\-1 .
•
INCORP;ORATED.!'
- 2... APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
Redevelopment Agen y�r Date
General Counsel X10
Redevelopment Agency -RDA 2.
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Raul J.Aguila, Interim City Manager
DATE: April 21, 2021
10:01 a.m. Public Hearing
SUBJECT:A RESOLUTION OF THE CHAIRPERSON AND MEMBERS OF THE MIAMI
BEACH REDEVELOPMENT AGENCY (RDA), FOLLOWING A DULY
ADVERTISED PUBLIC HEARING, ACCEPTING THE RECOMMENDATION
OF THE CITY'S FINANCE AND ECONOMIC RESILIENCY COMMITTEE
AND OF THE EXECUTIVE DIRECTOR, AND WAIVING, BY 5/7TH VOTE,
THE FORMAL COMPETITIVE BIDDING REQUIREMENT IN SECTION 82-
39(A) OF THE CITY CODE, FINDING THAT THE PUBLIC INTEREST
WOULD BE BETTER SERVED BY WAIVING SUCH CONDITION, AND
APPROVING AND AUTHORIZING THE CHAIRPERSON AND SECRETARY
TO EXECUTE AMENDMENT NO. 1 TO THE LEASE AGREEMENT, DATED
AUGUST 12, 2019, AMONG THE CITY OF MIAMI BEACH, THE RDA
(COLLECTIVELY, LANDLORD) AND MOONLIGHTER FABLAB, INC.
(TENANT) FOR USE OF APPROXIMATELY 6,720 SQUARE FEET OF
RETAIL SPACE, LOCATED AT 1661 PENNSYLVANIA AVENUE (DEMISED
PREMISES); SAID AMENDMENT INCREASING THE SIZE OF THE
DEMISED PREMISES, BY ADDING THE REMAINING 935 SQUARE FEET
OF AVAILABLE SPACE AT THE PROPERTY, FOR USE OF A TOTAL OF
7,655 SQUARE FEET.
SUPPORTING SURVEY DATA
N/A
Applicable Area
Not Applicable
Is this a"Residents Right Does this item utilize G.O.
to Know" item. pursuant to Bond Funds?
City Code Section 2-14?
No No
Legislative Tracking
Property Management
Page 2676 of 2709
ATTACHMENTS:
Description
❑ Commission Memo
❑ Resolution
Page 2677 of 2709
I t\ w
City of Miami Beach, 1700 Convention Center Drive,Miami Beach,.Florida 33139,www.miamibeachfi.gov
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Raul J. Aguila, Interim City Manager
DATE: April 21, 2021
SUBJECT: A RESOLUTION OF THE CHAIRPERSON AND MEMBERS OF THE MIAMI
BEACH REDEVELOPMENT AGENCY (RDA), FOLLOWING A DULY
ADVERTISED PUBLIC HEARING, ACCEPTING THE RECOMMENDATION OF
THE CITY'S FINANCE AND ECONOMIC RESILIENCY COMMITTEE, AND
WAIVING, BY 5/7TH VOTE, THE FORMAL COMPETITIVE BIDDING
REQUIREMENT IN SECTION 82-39(a) OF THE CITY CODE, FINDING THAT
THE PUBLIC INTEREST WOULD BE BETTER SERVED BY WAIVING SUCH
CONDITION, AND APPROVING AND AUTHORIZING THE CHAIRPERSON
AND SECRETARY TO EXECUTE AMENDMENT NO. 1 TO THE LEASE
AGREEMENT, DATED AUGUST 12, 2019, AMONG THE CITY OF MIAMI
BEACH, THE RDA (COLLECTIVELY, LANDLORD) AND MOONLIGHTER
FABLAB, INC. (TENANT) FOR USE OF APPROXIMATELY 6,720 SQUARE
FEET OF RETAIL SPACE, LOCATED AT 1661 PENNSYLVANIA AVENUE
(DEMISED PREMISES); SAID AMENDMENT INCREASING THE SIZE OF THE
DEMISED PREMISES, BY ADDING THE REMAINING 935 SQUARE FEET OF
AVAILABLE SPACE AT THE PROPERTY, FOR USE OF A TOTAL OF 7,655
SQUARE FEET.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission adopt the Resolution.
BACKGROUND
The City owns the Pennsylvania Avenue Garage Condominium, located at 1661 Pennsylvania
Avenue, Miami Beach, Florida 33139, which includes Unit 1, a municipal garage (the "Penn
Garage"), having approximately 560 parking spaces, and Unit 2,which includes Suites A-G, and
has a total of approximately 7,655 square feet of ground floor retail space (the "Retail Space").
In September 2011, the City executed a lease agreement for the retail space with Penn 17, LLC
("Penn 17") for a period of ten (10) years. When Penn 17 failed to make the required rent
payments under the lease, the City terminated the lease in March 2015, and Penn 17 vacated
the space in July 2015.
Since that time, the City has utilized the space for various purposes such as EnerGov training;
temporary offices for Code Compliance and Housing&Community Services; and as a temporary
location for the Miami Beach Chamber of Commerce(MBCC)Visitor's Center.The MBCC Visitor
Page 2678 of 2709
Center currently occupies the northeasterly 935 square feet area of the Retail Space.
Moonlighter Fablab, Inc. d/b/a Moonlighter Makerspace (Moonlighter) is a Miami-based 501(c)3
non-profit Science, Technology, Engineering, Arts&Math (STEAM)education center and digital
fabrication lab. On December 21, 2018 Moonlighter submitted a Letter of Intent seeking to
occupy the Retail Space to provide public benefit offerings. On January 25, 2019, the Finance
and Citywide Projects Committee(FCWPC)was receptive to activating the unused Retail Space
with the tech workspace collaborative and recommended in favor of approving a new lease.
On March 13, 2019, pursuant to Resolution No. 2019-30761, the City Commission and RDA
approved a lease with Moonlighter for use of the remaining 6,720 square feet of the Retail Space
(Moonlighter Demised Premises), for the purpose of providing an innovative public space
combining a STEAM education center,co-working space,and digital fabrication lab. Moonlighter
executed a lease for a term of three (3)years, for 6,720 square feet of the retail space. The term
would commence on the date the City tenders possession of the entire Premises. However,
Moonlighter has not been able to move into the area because in order to use the Demised
Premises,the City would have to install a devising wall to separate the spaces from the adjacent
premises (Miami Beach Chamber of Commerce). In addition, construction work related to the
existing kitchen equipment and related systems would also need to be completed. The
improvements total approximately $80,000 in costs. In the alternative, Moonlighter would have
to secure a change of use(i.e., Light Industrial)in order to share the use of the Retail Space with
MBCC Visitor Center.
ANALYSIS
On February 19, 2021, the Finance and Economic Resiliency Committee (FERC) discussed
expanding Moonlighter to the northeasterly 935 square feet area of the Retail Space, previously
occupied by the MBCC Visitor Center. Furthermore, the Committee also recommended in favor
of relocating the MBCC Visitor Center to the 721 square feet ground floor retail space at the
Anchor Shops, located at 100 16th Street, Suite No. 6, Miami Beach, Florida. This availed the
space (935 square feet) once occupied by MBCC in Pennsylvania Garage and would allow
Moonlighter to use the entire Retail Space without the need to construct a devising wall or going
through the expense of applying for a change of use for the Moonlighter Demised Premises.
Accordingly, the Moonlighter and the Administration have negotiated the following essential
terms for an Amendment to the Lease Agreement with Moonlighter to include the remaining 935
square foot area of Pennsylvania Garage.
The proposed basic terms and conditions of the Amendment are as follows:
Premises: 1661 Pennsylvania Avenue
Miami Beach, Florida 33139
Size: Approximately 7,655 square feet
Term: Three (3)years and two (2)one (1)year terms, commencing on the date
in which the City delivers possession of the Premises (Commencement
Date).
Rental Rate: One Dollar($1.00) annually
Page 2679 of 2709
Additional Rent: In addition to the Base Rent, Tenant shall also pay the Property Tax
Payment, sales and uses taxes
Maintenance: Tenant shall be solely responsible for the operation, maintenance and
repair of the Demised Premises; Tenant shall maintain all fixtures and
appurtenances, interior walls, windows and doors; the City maintain the
exterior structure, including roof, exterior plumbing, exterior painting and
NC units shared by more than one tenant;
Utilities/Insurance: The City pays for the utilities (electricity and water and sewer expenses)
at an approximate value of$763.86; The City pays for insurance costs;
the Tenant unconditionally agrees to reimburse the City for any increase
in the costs associated with Tenant's occupancy;
Termination
Option: The City reserves the right, through its City Manager, to terminate the
Lease Agreement, at any time,without cause and without liability to the
City, upon providing Tenant with ninety(180)days prior written notice.
City Manager Recommendation
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(a) of the City Code, as
being in the best interest of the City.
CONCLUSION
In consideration of the foregoing, the Administration recommends, following a duly advertised
public hearing, that the Chairperson and Members of the Miami Beach Redevelopment Agency
(RDA) accept the recommendation of the City's Finance and Economic Resiliency Committee,
and waive by 5/7th vote, the formal competitive bidding requirement in section 82-39(a) of the
City Code, finding that the public interest would be better served by waiving such condition; and
approve and authorize the Chairperson and Secretary to execute Amendment No. 1 to the Lease
Agreement, dated August 12, 2019 among the City of Miami Beach, the RDA (collectively,
Landlord), and Moonlighter Fablab, Inc. (Tenant) for approximately 6,720 square feet of retail
space, located at the 1661 Pennsylvania Avenue (Demised Premises); said Amendment
increasing the size of the Demised Premises,by adding the remaining 935 square feet of available
space at the Property, for use of the a total 7,655 square feet.
Attachments
Exhibit A: Amendment No. 1 to the Lease Agreement
Page 2680 of 2709
AMENDMENT NO. I TO LEASE AGREEMENT
AMONG THE CITY OF MIAMI BEACH, FLORIDA AND THE
MIAMI BEACH REDEVELOPMENT AGENCY AND THE MOONLIGHTER FABLAB, INC.
This Amendment No. 1 (Amendment) to the Lease Agreement, dated August 12, 2019
("Lease"), by and between the City of Miami Beach, Florida, a municipal corporation
organized and existing under the laws of the State of Florida, having its principal place of
business at 1700 Convention Center Drive, Miami Beach, Florida 33139 (the "City") and
the Miami Beach Redevelopment Agency(the "RDA") (hereinafter collectively referred to
as the"Landlord"), and Moonlighter Fablab Inc.,a Florida not-for-profit corporation, having
its principal place of business at 1661 Pennsylvania Avenue("Tenant"), is entered into this
day of , 2021 ("Effective Date"):
RECITALS
WHEREAS, on December 21, 2018, the City received a letter of intent for use of the
Retail Space, located at 1661 Pennsylvania Avenue, from Moonlighter Fablab, Inc. d/b/a
Moonlighter Makerspace ("Moonlighter"), a 501(c)3 nonprofit organization that serves as
a Science, Technology, Engineering, Arts & Math (S.T.E.A.M.) education center, co-
working space, and digital fabrication lab, together in one space; and
WHEREAS, on January 25, 2019, the Finance and Citywide Projects Committee
(FCWPC) favorably recommended authorizing the City Manager to negotiate a lease of
the Retail Space with Moonlighter, with an initial term of three(3) years, with two (2)one-
year renewal options, and with an enhanced offering of public benefits, specifically
benefiting Miami Beach students; and
WHEREAS, at its March 13, 2019 meeting, pursuant to City Commission Resolution
No. 2019-30761, the Mayor and City Commission accepted the recommendation of the
FCWPC and approved the draft lease, for the use of approximately 6,720 square feet of
the Retail Space(the"Demised Premises"), as the remaining 935 square feet of the Retail
Space was being used by the Miami Beach Chamber of Commerce (MBCC)as the Visitor
Center; and
WHEREAS, on August 12, 2019, the City and Tenant executed the Lease for use of
the Demised Premises, which Lease commences as of the date the Landlord tenders
possession of the Demised Premises; and
WHEREAS, the Tenant has not been able to take possession of the Demised
Premises, because in order to jointly use the Retail Space with the Visitor Center, the City
would have to install a devising wall to separate the spaces and make repairs to the
existing kitchen equipment at a cost of approximately$80,000; or Moonlighter would have
to pursue a zoning change of use to"Light Industrial"; and
WHEREAS, on February 19, 2021, the Finance and Economic Resiliency Committee
(FERC)recommended in favor of relocating the MBCC Visitor Center to a space available
at the Anchor Shops, located at 100 16th Street, Suite No. 6, Miami Beach, Florida; and
WHEREAS, the relocation of MBCC would avail the remaining 935 square feet of
Retail Space previously occupied by MBCC, allowing Moonlighter to use the entire Retail
IEXHIBIT
g
A-
1Page 2683 of 2709
6
Space,without the need for the City to construct a devising wall or for Tenant to go through
the expense of applying for a change of use for the Retail Space; and
WHEREAS, on the February 19, 2021, FERC recommended in favor of amending
the Lease with Moonlighter to include the remaining 935 square foot area of the Retail
Space as part of the Demised Premises.
NOW THEREFORE, in consideration of the mutual promises and conditions contained
herein, and other good and valuable consideration, the sufficiency of which is hereby
acknowledged, the Landlord and Tenant hereby agree to amend the Lease as follows:
1. ABOVE RECITALS.
The above recitals are true and correct and are incorporated as part of this
Amendment.
2. MODIFICATIONS.
The Agreement is hereby amended (deleted items str-esk-thfeugh and inserted
items underlined)as follows:
(a) Section 1.1 of the Agreement is hereby amended to read as follows
1. Demised Premises.
1.1. Landlord owns that certain land (the "Land") and the facility (the
"Facility") located thereon, located at 1661 Pennsylvania Avenue, Miami
Beach, Florida 33139, which includes a municipal garage (the "Penn
Garage"), having approximately 560 parking spaces,and ground floor retail
space (the "Retail Space"), having approximately 7,655 square feet (the
Land and the Facility shall be collectively referred to herein as the
"Property"). Landlord, 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 Tenant,
and Tenant hereby leases and hires from Landlord,those certain premises,
which are part of the Retail Space (the "Demised Premises"), having
approximately 6,720 7,655 square feet, as depicted in Amended Exhibit A
and more fully described as follows:
Unit 1, =- = - - - •-- --- - -= , of Pennsylvania
Garage Condominium, a Condominium, according to the
Declaration thereof, as recorded in Official Records Book
28080, at Page 4536, of the Public Records of Miami-Dade
County, Florida.
a/k/a 530 17th Street, Miami Beach, Florida 33139
(b) Exhibit A to the Agreement is deleted in its entirety and replaced with the
attached Amended Exhibit A.
(c) A new Section 41, entitled "Inspector General Audit Rights" is added to the
Lease as follows:
41. Inspector General Audit Rights.
2
Page 2684 of 2709
41.1 Pursuant to Section 2-256 of the Code of the City of Miami Beach, the City has
established the Office of the Inspector General which may, on a random basis,
perform reviews, audits, inspections and investigations on all City contracts,
throughout the duration of said contracts. This random audit is separate and
distinct from any other audit performed by or on behalf of the City.
41.2 The Office of the Inspector General is authorized to investigate City affairs and
empowered to review past, present and proposed City programs, accounts,
records, contracts and transactions. In addition, the Inspector General has the
power to subpoena witnesses, administer oaths, require the production of
witnesses and monitor City projects and programs. Monitoring of an existing City
project or program may include a report concerning whether the project is on time,
within budget and in conformance with the contract documents and applicable law.
The Inspector General shall have the power to audit, investigate, monitor, oversee,
inspect and review operations, activities, performance and procurement process
including but not limited to project design, bid specifications, (bid/proposal)
submittals, activities of the Tenant, its officers, agents and employees, lobbyists,
City staff and elected officials to ensure compliance with the contract documents
and to detect fraud and corruption. Pursuant to Section 2-378 of the City Code,
the City is allocating a percentage of its overall annual contract expenditures to
fund the activities and operations of the Office of Inspector General.
41.3 Upon ten (10) days written notice to the Tenant, the Tenant shall make all
requested records and documents available to the Inspector General for inspection
and copying. The Inspector General is empowered to retain the services of
independent private sector auditors to audit, investigate, monitor, oversee, inspect
and review operations activities, performance and procurement process including
but not limited to project design, bid specifications, (bid/proposal) submittals,
activities of the Tenant its officers, agents and employees, lobbyists, City staff and
elected officials to ensure compliance with the contract documents and to detect
fraud and corruption.
41.4 The Inspector General shall have the right to inspect and copy all documents and
records in the Tenant's possession, custody or control which in the Inspector
General's sole judgment, pertain to performance of the contract, including, but not
limited to original estimate files,change order estimate files,worksheets,proposals
and agreements from and with successful subcontractors and suppliers,all project-
related correspondence, memoranda, instructions, financial documents,
construction documents, (bid/proposal) and contract documents, back-change
documents, all documents and records which involve cash, trade or volume
discounts, insurance proceeds, rebates, or dividends received, payroll and
personnel records and supporting documentation for the aforesaid documents and
records.
41.5 The Tenant shall make available at its office at all reasonable times the records,
materials, and other evidence regarding the acquisition (bid preparation) and
performance of this Agreement, for examination, audit, or reproduction, until three
(3)years after final payment under this Agreement or for any longer period required
by statute or by other clauses of this Agreement. In addition:
41.5.1 If this Agreement is completely or partially terminated, the Tenant shall
make available records relating to the work terminated until three(3)years
after any resulting final termination settlement; and
41.5.2 The Tenant shall make available records relating to appeals or to litigation
or the settlement of claims arising under or relating to this Agreement until
such appeals, litigation, or claims are finally resolved.
3
Page 2685 of 2709
41.6 The provisions in this section shall apply to the Tenant, its officers, agents,
employees, subcontractors and suppliers. The Tenant shall incorporate the
provisions in this section in all subcontracts and all other agreements executed by
the Tenant in connection with the performance of this Agreement.
41.7 Nothing in this section shall impair any independent right to the City to conduct
audits or investigative activities. The provisions of this section are neither intended
nor shall they be construed to impose any liability on the City by the Tenant or third
parties.
(d) A new Section 42, entitled "E-Verify" is hereby added to the Lease, as
follows:
42. E-Verify
42.1 Tenant shall comply with Section 448.095. Florida Statutes "Employment
Eligibility" ("E-Verify Statute"), as may be amended from time to time. Pursuant to
the E-Verify Statute, commencing on January 1. 2021, Tenant shall register with
and use the E-Verify system to verify the work authorization status of all newly
hired employees during the Term of the Agreement. Additionally, Tenant shall
expressly require any subcontractor performing work or providing services
pursuant to the Agreement to likewise utilize the U.S. Department of Homeland
Security's E-Verify system to verify the employment eligibility of all new employees
hired by the subcontractor during the contract Term. If Tenant enters into a
contract with an approved subcontractor, the subcontractor must provide the
Tenant with an affidavit stating that the subcontractor does not employ, contract
with, or subcontract with an unauthorized alien. Tenant shall maintain a copy of
such affidavit for the duration of the Agreement or such other extended period as
may be required under this Agreement.
42.2 Termination Rights.
42.2.1 If the City has a good faith belief that Tenant has knowingly violated Section
448.09(1), Florida Statutes, the City shall terminate this Agreement with Tenant for
cause, and City shall thereafter have or owe no further obligation or liability to
Tenant.
42.2.2 If the City has a good faith belief that a subcontractor has knowingly
violated Section 42.1, but the Tenant otherwise complied with such section, the
City will promptly notify the Tenant and order the Tenant to immediately terminate
the agreement with the subcontractor. Tenant's failure to terminate a
subcontractor shall be an event of default under this Lease, entitling Landlord to
terminate the Tenant's Lease for cause.
42.3 A contract terminated under the foregoing Subsections 42.2.1 or 42.2.2 is not in
breach of contract and may not be considered as such.
42.4 The Landlord or Tenant or a subcontractor may file an action with the Circuit or
County Court to challenge a termination under the foregoing Subsections 42.2.1
or 42.2.2 no later than 20 calendar days after the date on which the contract was
terminated.
42.5 If the Landlord terminates the Lease with Tenant under the foregoing Subsection
42.2.1, Tenant may not be awarded a public contract for at least 1 year after the
date of termination of this Lease.
4
Page 2686 of 2709
42.6 Tenant is liable for any additional costs incurred by the Landlord as a result of the
termination of this Lease under this Section 42.
3. RATIFICATION.
Except as amended herein, all other terms and conditions of the Lease shall
remain unchanged and in full force and effect. In the event there is a conflict
between the provisions of this Amendment and the Lease, the provisions of this
Amendment shall govern.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
5
Page 2687 of 2709
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed by their appropriate officials, as of the date first entered above.
Landlord:
CITY OF MIAMI BEACH, FLORIDA
ATTEST:
By:
Rafael E. Granado, City Clerk Dan Gelber, Chairman
Print Name
Date:
Landlord:
MIAMI BEACH REDEVELOPMENT
AGENCY
ATTEST:
By:
Rafael E. Granado, Secretary Dan Gelber, Chairman
Print Name
Date:
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
City Attorney "'1.1 Dote
APPROVED AS TO
FORM & LANGUAGE
& FOR EXEC TION
6
?development Agency Date
Page 2688 of 2709 Generol Counsel 4)(14--
Tenant:
MOONLIGHTER FABLAB, INC
ATTEST:
By:
Sign Thomas Pupo, Director
Print Name
Date
Sign
Print Name
Date
7
Page 2689 of 2709