Resolution 2025-33687 RESOLUTION NO. 2025-33687
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA,ACCEPTING THE RECOMMENDATION OF THE CITY'S FINANCE
AND ECONOMIC RESILIENCY COMMITTEE AT ITS MARCH 26, 2025 MEETING,
AND APPROVING, IN SUBSTANTIAL FORM, A LEASE AGREEMENT BETWEEN
THE CITY ("LANDLORD") AND MIAMI BEACH POLICE ATHETIC LEAGUE, INC.
("PAL" OR "TENANT"), FOR USE OF A BUILDING HAVING APPROXIMATELY
13,367 SQUARE FEET, LOCATED WITHIN FLAMINGO PARK, AT 999 11TH STREET
("PREMISES"), FOR A PERIOD OF NINE (9) YEARS AND THREE HUNDRED AND
SIXTY-FOUR (364) DAYS, COMMENCING ON JULY 1, 2025 AND EXPIRING ON
JUNE 29, 2035; AND WAIVING, BY 517TH VOTE, THE FORMAL COMPETITIVE
BIDDING REQUIREMENT IN SECTION 82-39(a)OF THE CITY CODE, FINDING SUCH
WAIVER TO BE IN THE BEST INTEREST OF THE CITY; AND FURTHER
AUTHORIZING THE CITY MANAGER TO FINALIZE AND EXECUTE THE LEASE
AGREEMENT.
WHEREAS, the City of Miami Beach (the "City" or "Landlord") owns a building located at 999
11th Street, Miami Beach, Florida 33139 ("Premises"), within Flamingo Park; and
WHEREAS, since July 1, 1996,the Miami Beach Police Athletic League, Inc. ("PAL"), a nonprofit
organization dedicated to providing youth mentorship and athletic programs in collaboration with the
Miami Beach Police Department, has leased the Premises; and
WHEREAS, PAL's lease has undergone multiple extensions,with the most recent lease expiring
on June 30, 2025, and PAL has formally requested a new lease to continue its community-focused
programming; and
WHEREAS, the proposed new Lease Agreement includes the following essential terms:
Lease Term: Nine (9)years and 364 days, from July 1, 2025, to June 29, 2035;
Rent: $1.00 per year;
Property Use: Shared between PAL and the City:
• PAL's Area: Youth programs and PAL offices;
• City's Area: Recreational programs and public use;
• Shared Areas: Community rooms and restrooms;
Financial Responsibilities:
• Utilities: 50% shared between PAL and the City;
Maintenance & Repairs:
• City's Responsibilities: General building maintenance, HVAC, plumbing, structural
repairs;
• PAL's Responsibilities: Interior maintenance, security, cleaning, and minor repairs;
Approved Uses:
• PAL's Programs:Youth mentoring, sports,fitness,tutoring,summer camps,adult fitness,
community events;
• City's Programs: Recreational activities, sports leagues, disaster relief site;
Subleases: Miami Beach Policemen's Relief and Pension Fund; William Nichols Lodge No. 8,
Fraternal order of Police, Inc.; and Miami Beach Police Athletic League Fitness Center, Inc.
(wholly owned by PAL). Any other subleases shall require the prior approval of the City
Manager;
Staffing & Oversight: PAL must hire an Executive Director for operations and fundraising,
subject to City approval and the City will provide a full-time police officer for oversight;
Financial Reporting: PAL must submit an annual budget and audited financial statements to
the City; and
Public Benefit: PAL will continue providing mentorship and athletic programs, benefiting youth
and fostering police-community relations; and
WHEREAS, the Finance and Economic Resiliency Committee (FERC) reviewed the proposed
Lease Agreement at its March 26, 2025 meeting and recommended its approval; and
WHEREAS, the proposed new Lease Agreement further includes a public benefit to City
employees, providing City employees with a minimum discount of 25% off of the membership fee for
use of the fitness center; and
WHEREAS, as with the current lease, PAL will continue to receive$1.00 per hour of the off-duty
police surcharge fund ("Surcharge Contribution'), subject to funding availability, for the payment of the
salary of the Executive Director, PAL's utility expenses, PAL's programming, and other like operational
expenses; and
WHEREAS, based upon the public benefits provided by PAL and the shared-use model that
maximizes the Premises' value for the community, the City Manager recommends accepting the
FERC's recommendation, approving, in substantial form, the new Lease Agreement, a copy of which is
attached to the City Commission Memorandum accompanying this Resolution as Exhibit "B"; and
waiving, by 57th vote, the competitive bidding requirement in Section 82-39(a)of the City Code, finding
such waiver to be in the best interest of the City; and further authorizing the City Manager to finalize
and execute the Lease Agreement.
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 City's Finance and Economic Resiliency Committee at its March 26, 2025
meeting, and approve, in substantial form, a Lease Agreement between the City ("Landlord") and the
Miami Beach Police Athletic League, Inc. ("PAL"or"Tenant"), for use of a building having approximately
13,367 square feet, located within Flamingo Park, at 999 11th Street, for a period of nine (9) years and
three hundred and sixty-four (364) days, commencing on July 1, 2025 and expiring on June 29, 2035;
and waive, by 57'h vote, the competitive bidding requirement in Section 82-39(a) of the City Code,
finding such waiver to be in the best interest of the City; and further authorize the City Manager to
finalize and execute the Lease Agreement.
PASSED and ADOPTED this A day of 4/ 2025.
ATTEST: \ ,t p�
�/I MAY 2 7 2025 o
Rafael E. Granado, Secretary t e. cA Steven Meiner, Mayor
esn..
i' `' y" APPROVED AS TO
' FORM &LANGUAGE
3 IINCOtP MHO; EXECUTION
M5
ON A Y Dote
Resolutions - R7 J
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Eric Carpenter, City Manager
DATE: May 21, 2025
TITLE: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA,ACCEPTING THE RECOMMENDATION OF THE CITY'S
FINANCE AND ECONOMIC RESILIENCY COMMITTEE AT ITS MARCH 26, 2025
MEETING, AND APPROVING, IN SUBSTANTIAL FORM, A LEASE AGREEMENT
BETWEEN THE CITY ("LANDLORD") AND MIAMI BEACH POLICE ATHLETIC
LEAGUE, INC. ("PAL" OR "TENANT"), FOR USE OF A BUILDING HAVING
APPROXIMATELY 13,367 SQUARE FEET, LOCATED WITHIN FLAMINGO PARK,
AT 999 11TH STREET ("PREMISES"), FOR A PERIOD OF NINE (9) YEARS AND
THREE HUNDRED AND SIXTY-FOUR (364) DAYS, COMMENCING ON JULY 1,
2025 AND EXPIRING ON JUNE 29, 2035; AND WAIVING, BY 5/7TH VOTE, THE
FORMAL COMPETITIVE BIDDING REQUIREMENT IN SECTION 82-39(A)OF THE
CITY CODE, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE
CITY; AND FURTHER AUTHORIZING THE CITY MANAGER TO FINALIZE AND
EXECUTE THE LEASE AGREEMENT.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission adopt the Resolution.
BACKGROUND/HISTORY
The City is the owner of a property consisting of a building with approximately 13,367 square feet,
located within Flamingo Park located at 999 11th Street, Miami Beach, Florida, 33139 (the
"Premises"). On May 15, 1996, the Mayor and City Commission adopted Resolution No. 96-
21987, approving a Lease Agreement between the City and the Miami Beach Police Athletic
League, Inc. ("PAL"), a nonprofit organization dedicated to providing youth mentorship and
athletic programs in collaboration with the Miami Beach Police Department. The agreement
granted PAL use of the Premises for a five-year term,from July 1, 1996, to June 30, 2001.
On June 17, 1998, the City Commission approved Resolution No. 98-22787, authorizing the First
Amendment to the Lease Agreement, which extended the lease term from July 1, 2001, to June
30, 2023, with subsequent amendments further extending it through June 30, 2025.
On February 10, 2016, the Mayor and City Commission adopted Resolution No. 2016-29300,
approving Amendment No. 2 to the Lease Agreement, establishing the permitted uses under the
Lease Agreement; clarifying and establishing terms relating to the shared use of the Premises by
the City and PAL; clarifying the operational, management, and maintenance obligations with
respect to the shared use of the Premises; and further extending the Lease term for an additional
two years, through and including June 30, 2025.
ANALYSIS
On February 24, 2025, PAL formally requested a new Lease Agreement from the City of Miami
Beach (attached hereto as Exhibit A). PAL has expressed interest in continuing its operations
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under a new Lease Agreement with similar terms to ensure the continuation of its community-
focused programming.The proposed new Lease Agreement contains the following key terms and
conditions:
1. Lease Term and Rent
• Lease Term: Nine (9) years and Three Hundred and Sixty-Four(364) Days: July 1, 2025,
to June 29, 2035
• Rent: $1.00 per year.
2. Property and Shared Use
• Property Description: The building, located at 999 11th Street, with 13,367 sq. ft.
Shared Use: The Premises will be jointly used by the PAL and the City.
Division of Use: The building is divided into:
• PAL's Area (for youth programs and PAL offices)
• City's Area (for City recreational programs)
• Shared Areas (jointly used spaces, including community rooms and restrooms).
3. Financial Responsibilities
• Utilities: The PAL and the City will each pay 50% of shared utility expenses (electricity,
water, cable).
• Real Estate Taxes: Property is not currently assessed. If taxes are assessed solely due
to PAL's use or subleases, PAL covers 100% of the tax liability.
4. Maintenance and Repairs
Lessor's (City's) Responsibilities:
• General building maintenance (HVAC, plumbing, electrical, windows, structural repairs).
• Capital improvements (roof, exterior walls, infrastructure).
Lessee's (PAL's) Responsibilities:
• Maintain PAL's Area (interior walls, floors, security system, phone, cable).
• Daily maintenance of the PAL's Area, including cleaning, garbage removal, and minor
repairs.
5. Approved Uses and Programming
The PAL's Approved Uses:
• Youth programs (sports, fitness, mentoring, tutoring, summer camps).
• Adult fitness center and boxing program.
• Community events (meetings, elections, special events).
City's Approved Uses:
• City recreational programs (sports leagues, after-school care, summer camps).
• Disaster/hurricane relief site.
• Polling site
• Scheduling & Conflicts: If conflicts arise in shared use, the City Manager will resolve
disputes.
• Additional Programs: Any new programs must be mutually approved by the PAL a:id the
City.
6. Subleases and Additional Tenants
Approved Subleases:
• Miami Beach Policemen's Relief and Pension Fund;William Nichols Lodge No.5, Fraternal
Order of Police ("FOP")
• Miami Beach Police Athletic League Fitness Center, Inc. (a for-profit entity owned by the
PAL).
Conditions for Subleases:
• The PAL must indemnify the City from liabilities related to subtenants.
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• Insurance required for subtenants, including general liability and workers' compensation.
7. Insurance and Indemnification
PAL's Insurance Requirements (Subject to modification by the City's Risk Management):
• $1,000,000 General Liability Insurance.
• All-Risk Property Insurance (covering tenant improvements and property).
• Workers' Compensation as required by Florida law.
• Waiver of Subrogation: PAL must waive its insurers right to sue the City.
City Named as Additional Insured on all policies.
8. Management and Staffing
Executive Director Requirement:
• The PAL must hire an Executive Director to manage operations and fundraising.
• The City Manager must approve the Executive Director.
• Dedicated Police Officer:
• The City will provide one full-time police officer to oversee police-community programs
(excluding fundraising).
9. Financial Reporting & Oversight
Annual Budget Submission: PAL must submit an annual operating budget to the City.
Financial Reports: PAL must provide annual audited financial statements.
Revenue Use Restrictions:
• Any revenue from PAL activities must be reinvested into PAL programs.
• No private individual can profit from PAL's operations.
10. Miscellaneous Provisions
Hours of Operation:
• PAL: 6:30 AM — 11:00 PM (weekdays), 8:00 AM — 8t00 PM (weekends).
• City. 8:30 AM — 9:00 PM (daily).
Conflict Resolution: The City Manager has final authority in disputes.
This item was discussed at the March 26, 2025, Finance and Economic Resiliency Committee
("FERC") meeting. The Committee recommended in favor of approving a new Lease Agreement
with PAL containing the terms and conditions outlined above.
Similar to the current terms of the PAL Lease Agreement, the new Lease Agreement also contains
the following provisions:
1. PAL will provide City employees with a minimum discount of 25% off the membership
fee for use of the fitness center.
2 PAL will continue to receive $1.00 per hour of the off-duty police surcharge fund
("Surcharge Contribution"), subject to funding availability, for the payment of the salary
of the Executive Director, PAL's utility expenses, PAL's programming, and other like
operational expenses.
The proposed Lease Agreement (Exhibit B)ensures the continued operation of the Miami Beach
Police Athletic League (PAL) at its current location, supporting its mission to provide youth
mentorship, athletic programs, and community engagement. The lease terms maintain a
favorable financial structure, with PAL paying a nominal rent while contributing to shared
expenses such as utilities. The Lease Agreement also establishes clear guidelines for
maintenance responsibilities, insurance coverage, and financial reporting, ensuring accountability
and sustainability.
Furthermore, the lease promotes an efficient shared-use model between PAL and the City,
maximizing the public benefit of the facility. The inclusion of sublease provisions allows PAL to
maintain financial stability while ensuring responsible oversight of subtenants.
FISCAL IMPACT STATEMENT
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The proposed lease has a minimal financial impact on the City, with the$1.00 annual rent allowing
PAL to continue its operations without undue financial strain. PAL's contributions toward operating
expenses help offset a portion of the facility's costs.
Moreover. PAL's continued operation of youth and community programs including tutoring,
mentoring, fitness classes, youth leadership initiatives, and community gatherings, demonstrates
the purpose and public value of this Lease Agreement. The shared-use model enhances the
facility's impact, ensuring it remains a vital resource for the community.
Does this Ordinance require a Business Impact Estimate?
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE) was published on:
See BIE at: httpsalwww.miamibeachfl.govlcity-halllcity-clerklmeetinq-notices!
FINANCIAL INFORMATION
CONCLUSION
The Miami Beach Police Athletic League has been a key partner in youth and community
development for decades, fostering positive relationships between law enforcement and
residents. These new Lease Agreement will support PAL's mission while ensuring responsible
financial oversight and efficient use of public resources.
Approving this Lease Agreement will solidify the City's commitment to public safety, youth
development, and community resilience.
City Manager's Recommendation: Based upon the public benefits provided by PAL, and the
shared-use model that maximizes the property's value for the community, the City Manager
recommends that the Mayor and City Commission waive, by 517th vote, the competitive bidding
requirement in Section 82-39(a) of the City Code, finding such waiver to be in the best interest of
the City, and approve, in substantial form, the Lease Agreement as outlined in this City
Commission Memorandum, a copy of which is attached hereto as Exhibit `B and further
authorize the City Manager to finalize and execute the Lease Agreement.
Applicable Area
South Beach
Is this a "Residents Right to Know" item Is this item related to a G.O. Bond
pursuant to City Code Section 2-17? Project?
Yes No
Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481.
includes a principal engaged in lobbying? No
If so, specify the name of lobbyist(s) and principal(s):
Department
Facilities and Fleet Management
1909 of 2719
Sponsor(s).
Co-sponsor(s)
Condensed Title
Accept Rec/Approve Lease Agreement w/ PAL, 999 11th Street. FF 5/7
Previous Action (For City Clerk Use Only)
Deferred from 4/23/2025 - C7 I
1910 of 2719
Docusgn Envelope ID 4c2596FE-F2E5-4A52.967A-15101AC4ARBA
MIAMI BEACH POLICE ATHLETIC LEAGUE, INC.
"Abe Resnick Youth Resource Center"
999-11'°Street. Miami Beach. FL 33139
Tel (305)531-5636 ' Fax (305)673-4690 +www beachpal orq
A profit
SO11cp Corp.
PRESIDENT FebrnaR" 24. ���-
BA J ROBERT dENKIN5 hBV
VICE PRESIDENTS
a c PETE SOCARRAS
MELANIE VEIZAGA C Ity Hall
SG— ROBERT HERNANDEZ.POP RREs 1700 Cons ention Center Drive
SECRETARY
OHC REBECCA LACY Mlami Beach, FL 33139
TREASURER Subject: PAL Lease Agreement Request
LT PALL OZAE'A
SGT.AT ARMS
ROBERT ASHENO"
c4 EXECUTIVEVE RTAL Dear City of\1 iam1 Beach Property Management Department.
HR DI M DIRECTOR
AR INE
arE
CHAPLAIN
orc.cHRISTOPHER+.+rcHELL I am writing to formally request the City of Miami Beach's assistance in
BOARD OF DIRECTORS
Jr-: Lc_AROALBA drafting a new lease agreement for the Miami Beach Police Athletic League.
`3 C s;;CAE`.W CR1 Inc. building located at 999 111h Street. Miami Beach. FL 33139. The current
or•NN�s IB � R lease is set to expire in June of 2025 As such we would like to begin the
or,R"A AS process of negotiating the terms for a new lease We are requesting the
'L rr ,MANS" .+_ following-
N▪E
• '., • In the event the General Obligation (G O_I Bond is appros ed and we
proceed with relocation. 1yc do not wish to remain bound by the current
HA• Et-;AAL NIK lease agreement. We request that this lease be considered null and void
orcj°'C'NA R_ upon the formal approval of the G O. Bond and our subsequent mole to
a new, location_
x ,AN :Add itionalk we would like to confirm our intention to fully comply w ith the
terms outlined in the '_"c amendment to the lease a_eentent produced on the
1011' das of March_22025. We are open to discussing the terms and conditions of
iE E .E the new (ease to ensure that it meets the needs of both the On of Nliami Beach
w�:.,� and our organ anon. Thank you for your cooperation and support.
PAST PRESIDENTS
ARN
RN Pr •
Sincerely.
E 57,PN
51{ifted by
n :f
r
PAST EXECUTIVE DIRECTORS Major Robert Jenkins
• - +u:NKEe _ Presidcru it Bunrd+Af Onrc toes
• 41 a Miami Beach Police .-Athletic Leave. Inc• Ar .
r 999 I I°i Street, Miami Beach, FL 33139
_IN (105031-11030 Fyt 21
SECRETARY EMERITUS
ATHLETIC DIRECTOR "Success Through Education"
CARlos r.l_ROE "Cops & Kids:A Winning Combination"
1911 of 2719
Docusign Envelope ID 4C2598FE.F2E5-4A52-967A-15101AC4ABBA
MIAMI BEACH POLICE ATHLETIC LEAGUE, INC.
"Abe Resnick Youth Resource Center"
999-11"Street. Miami Beach FL 3313F
Tel (305) 531-5636 Fax(305)673-4690 www-beachpal orc
A rat fer-pra
5011c)3 Corp
PRESIDENT
MAJ ROBERT:ENKINS NBV
VICE PRESIDENTS
OFC HETEsocARRAs Proof of Receipt:
MELANIEVEIZAGA
SGT ROGER'HERNANDEZ FOP PRES
SECRETARY
OFC REBECCA LACY By signing below,you confirm you received the above letter via DocuSign on
TREASURER tins Zhtb of February ZgZ S.
LT PAUL OZAETA
SOT.AT ARMS
ROGER'AS4ENOFF
EXECUTIVE DIRECTOR
OFC DEBORAH MARTINEA4
CHAPLAIN
OFC CHRISTOPHER MITCHELL
BOARD OF DIRECTORS
CE54R1ALBARE7CA V
A
MCIi4FL BALAN
DENNIS SOL"IrR Signature: Kevin Sanchez - City of Miami Beach
'• •:L ASFA LIiA,EL:
IIAJ
C A C AN.
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• 4EA :]NhS EMB X
Signature: Ozzie Dominguez - City of Miami Beach
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FR 0,,�r▪ 11-' . Signature:Agueda Acevedo - City of Miami Beach
-cNaiNNE,EANCSAE F
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PAST PRESIDENTS
-ANLE1 APKN'
T'ER
Signature:Jean Carlos Vasquez - City of Miami Beach
IL RM. Nwcc.- RL-•
KENNETHI a _.Z/C
PAST EXECUTIVE DIRECTORS
_ AR'�.+MARLNEAS
H„AKER
'nrrEM A?IIASc
SECRETARY EMERITUS
ATHLETIC DIRECTOR "Success Through Education"
CAR_OS r.IUNOZ "Cops 8 Kids:A Winning Combination"
1912 of 2719
LEASE AGREEMENT
THIS LEASE AGREEMENT ("Lease"). executed this day of 202
between CITY OF MIAMI BEACH. a Flonda municipal corporation ('C:ty or "Lessor".,? and the
MIAMI BEACH POLICE ATHLETIC LEAGUE. INC (PAL).a not for profit corporation (Lessee}.
WITNESSETH.The Lessor.for and in consideration of the rent herein reserved to be paid
by the Lessee and in consideration of the covenants herein to be kept and performed by the
Lessee. does hereby lease and demise unto the Lessee the following City-owned property the
"Premises")situated in the City of Miami Beach.County of Dade. State of Florida
The building ("Building"). currently named and referred to as the "Pal Center". having
approximately 13.367 sq ft located at 999 11th Street.Miami Beach. Florida 33139.in Flamingo
Park, together with all improvements and appurtenances located thereon more particularly
descnbed as a portion of Block 90.Ocean Beach. Fl.Addition No.3(Dade County P B.2. P 81).
and depicted in the attached Exhibit A
Lessor and Lessee hereby acknowledge and agree that the Premises including,without
limitation.theBuilding are owned by the City of Miami Beach Flonda
TO HAVE AND TO HOLD the Premises unto the Lessee from the 1st day of July. 2025
to and including the 29th day of June, 2035, the Lessee yielding and paying to the Lessor the
rental sum of one(S1 00)dollar per year.
The Lessee agrees to keep,conform to and abide by each of the following covenants which are
hereby made conditions of this Lease.
1. To pay the rent set forth herein In advance. at the times and in the manner
aforesaid.and should the rent herein provided at any time remain unpaid after same shall become
due,the Lessor shall have such remedies as may be granted pursuant to the laws of the State of
Florida. All rent payments shall be made to the Lessor at the following address. City of Miami
Beach, Finance Department, 1700 Convention Center Drive. Miami Beach Florida. 33139. or at
such other place as the Lessor may.from time to time. designate in wnting.
2. Payments.
2.1 SaleslUselExcise Taxies).Lessee shall pay all sales or use or excise taxies).if
any. imposed levied or assessed against the rent. or any other charge or payment required by
any governmental authonty having junsdmtion over the Premises even though the taxing statute
or ordinance may purport to impose such charge or payment against Lessor. The payment of
such sales- use. or excise taxies) shall be made by Lessee concurrently with payment of the
annual rental.
2.2 Real Estate Taxes. Lessee also agrees that it will pay its Proportionate Share of
real estate taxes. if same are also assessed against the Premises. As used herein. Lessee's
'Proportionate Share' means a fraction the numerator of which is the square footage of the
Budding being occupied exclusively by Lessee and jointly by Lessee and Lessor. and the
denominator of which is the square footage of all of the rentable area in the Building As of the
Effective Date. Lessee is occupying approximately fifty percent (50%) of the Building with the
balance of the Building being occupied by the Lessor's Parks and Recreation Department. with
1913 of 2719
certain portions of the Building being occupied exclusively by PAL(PAL's Area").certain portions
of the Building being occupied exclusively by the City ("City's Area").and certain portions of the
Building being shared by PAL and the City(Shared Area").as more particularly described in the
Site Plan,attached hereto and incorporated herein as compose Exhibit"A-1". Unless otherwise
indicated herein Lessee's Proportionate Share shall be deemed to be fifty percent (50%).
Lessee's Proportionate Share of real estate taxes will be paid upon demand accompanied by a
copy of the paid tax bill. The Premises is not currently assessed real estate taxes.
Notwithstanding the foregoing or anything to the contrary in this Lease, if the Premises
are assessed real estate taxes, solely as a result of PAL's use of the Premises (including
the use by any subtenants of PAL),PAL shall be solely responsible for the total real estate
tax assessment.
2.3 Operating Expenses The operating expenses for the Building shall be shared
between the Lessor and Lessee as follows
2.3.1 Utilities. Based upon the parties'current use of the Premises. Lessor and Lessee
shall each be responsible for payment of fifty percent (50%i of the total utility bills generated in
connection with the joint use of the Premises. which includes the bills for electricity,water.and
cable(Shared Utility Expenses"). As of the Effective Date. Lessor pays for the water bill for the
Premises Deity's Utility Expenses") and Lessee pays for the electricity and cable bills of the
Shared Utility Expenses for the Premises("PAL's Utility Expenses'). Each party shall continue to
pay the utility bills. as currently established,however within thirty(30)days from the end of each
quarter the end of each Quarter shall be referred to herein as September 30'". December 31^.
March 31d and June 301°)throughout the term.Lessee shalt provide Lessor with a reconciliation.
including the supporting documentation for PAL's Utility Expenses,and Lessor will.in turn,provide
Lessee with a reconciliation, including the supporting documentation for the City's Utility
Expenses, showing each party's respective share of the Shared Utility Expenses. The
reconciliation payment shall be due within thirty(30)days from receipt of the reconciliation. The
Lessor's Division of Asset Management shall provide Lessee with copies of the water bills.based
upon the established City of Miami Beach rates,and as registered on the onsite water meter for
the Premises, which has been installed at the sole expense of the Lessor. If there is a material
change in the use of the Premises(by fifteen percent(15%)or more). the parties agree to adjust
the proportionate share of the Shared Utility Expenses,as applicable,which adjustment shall be
subject to approval by the City Manager and memonalize in writing through an amendment to
the Lease executed by the City Manager on behalf of the City
2.4 General Maintenance and Repairs. During the Lease term. Lessee will not suffer or
permit any strip or waste of the Premises Except as specifically required to be maintained by
Lessee in subsection 2.4.1. Lessor shall be responsible for the general maintenance and repairs
of the Premises. inclusive of PAL's Area(excluding the interior floors and walls of the PAL Area),
City's Area.and the Shared Area.As referred to herein. "general maintenance and repairs"shall
include maintaining the interior of the Premises. and every part thereof. in good condition.
including the HVAC dystems.interior plumbing interior electncal problems and windows(Lessor's
Repair Responsibility"). Lessee agrees to repair and maintain the interior walls and floors of the
PAI. Area. and maintain. repair and replace the security system. PAL phone system and PAL
cable system for the Premises(not just PAL's Area)as needed('Lessee's Repair Responsibility).
Lessor shall repair all doors and windows,as may be required.as a condition precedent to Lessee
performing any maintenance.repairs and/or replacement of the existing security system
2.4.1 Lessee's Day to Day Maintenance Responsibility. Lessee shall.at its sole cost
and expense. and to the reasonable satisfaction of the City. keep and maintain PAL's Area,
2
1914 of 2719
including all improvements fixtures and equipment thereon, in good, clean, and working order.
Lessee assumes sale responsibility and expense for day to day housekeeping janitorial services.
and routine maintenance of PAL's Area. Lessee's day to day maintenance responsibility shall
include.without imitation,daily removal of litter, garbage and debris generated by Lessee's use
of the PAL Area including all garbage disposal generated by its operations and activities
occurring therein,and interior paint and floors.
2.4.2 Lessor's Day to Day Maintenance Responsibility. Lessor shall.at its sole cost
and expense.veep and maintain the City's Area and Shared Area, including all improvements,
fixtures. and equipment thereon in good clean. and working order. Lessor assumes sole
responsibility and expense for day-to-day housekeeping. 1anitonal services and routine
maintenance of City's Area and Shared Area.Lessor's day today maintenance responsibility shall
include, without limitation, daily removal of litter, garbage and debris generated by Lessor's use
of the City's Area and Lessor and Lessee's use of the Shared Area including all garbage disposal
generated by its operations and activities occurring therein and interior paint and floors.
2.5 Capital Improvements.During the Lease term.and as the owner of the Premises.
Lessor shall be responsible for any costs associated with all capital improvements to the
Premises, which Lessor, in its reasonable discretion deems necessary. As referred to herein.
capital improvements shall include roof. structural elements and infrastructure exterior walls.
exterior plumbing and sewer lines, and major extenor electrical repairs (not otherwise the
responsibility of the electric company).
25.1 Notice of Maintenance and Capital Improvements to Premises. Dunng the
Lease term. Lessee shall provide Lessor with prompt notice of any general maintenance and
repairs and/or capital improvements which may be required in PAL's Area.and Lessor and Lessee
shall coordinate in good faith such repairs and%or maintenance so as to minimize the impact to
PAL's operas tins
26 Security. Lessee shall be responsible for providing and maintaining a security
system in order to protect the equipment and furnishings at the Premises. Under no
circumstances shall Lessee be responsible for any stolen or damaged materials equipment and
furnishings of Lessor's and/or Lessor's officials. employees contractors, patrons. guests and/or
invitees Additionally under no circumstances shall Lessor be responsible for any stolen or
damaged personal property of Lessee and/or Lessee's officials.employees contractors patrons.
guests and/or invitees.
3 The Lessee hereby reaffirms and acknowledges that. as of the Effective Date it
continues to accept the Premises in "As Is condition Lessee must first obtain Lessor's written
approval for any alteration, additions and/or improvements to the Premises. and then must pay
for such modifications. Detailed plans for any proposed alteration to the Premises must first be
submitted to Lessor through its City Manager.for Lessor's prior review and written approval
4 Lessee agrees that any noise disturbance,inconvenience,disruption.failure of any
facilities,the shutting off of light or access to the Premises. or any other nuisance or nuisances.
caused by or due to any repairs. alterations improvements, additions or construction by the
Lessor, its agents servants or employees to any part or portion of the Building and for parking
areas wherein the Premises are located shall not be deemed or construed as a breach or violation
of the peaceful possession of the Premises on the part of the Lessee It is specifically further
agreed that any such conditions shall not give rise to any abatement. rebate or diminution of the
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rent resented herein. nor to any liability or responsibility by reason thereof on the part of the
Lessee
5 Upon expiration of this Lease. Lessee shall quietly and peacefully redeliver to
Lessor the Premises and any equipment.furnishings and futures in the same condition in which
they were received.ordinary wear and tear excepted.with the exception of the Fitness Center(as
defined in subsection 7 0) equipment and furnishings located in the PAL Area, which are not
permanently affixed to the real estate. Its understood that any propedy'ett on the Premises at
the expiration of the Lease. shall be considered abandoned and shall become and be deemed
the properly of the Lessor
6. Notwithstanding Paragraph 5 above,at Lessors discretion.any and all alterations
or additions made by the Lessee to or in the Premises shall at the request of the Lessor at the
expiration of the term of this Lease or sooner termination thereof. be removed by the Lessee at
his own cost and expense and Lessee further hereby agrees in such event. to restore the
Premises to their original condition as of the date of this Lease
7 Lessee shall not assign Lessee's interest in this Lease nor underlet the whole or
any part of the Premises. nor use the same for any purpose other than for use as a recreational
facility by the PAL.without first obtaining the written consent to such assignment or underlettmg,
or to such change of purpose for the use of the Premises,from the Lessor which consent shall
be given, if at all, at the City Managers sole discretion. Lessee further covenants that the
Premises will not be used for any purpose that will invalidate any policies of insurance now or
hereafter written on the Building on which the Premises are located or will increase the rate of the
premium thereof
7.1 Use by PAL Lessee shall have access and use of the Premises. as more
particularly described in the attached composite Exhibit A-1. It is understood and agreed that the
Premises shall be used by Lessee during the entire term of this Lease only for the purposes
and/or uses described in(and/or otherwise approved pursuant to)this subsection 7 1,and for no
other purposes or uses whatsoever ('PAL Approved Uses') In the event that the Lessee uses
the Premises for any purposes not expressly permitted herein such use shall be considered an
event of default under this Lease. The PAL Approved Uses shall be limited to and only include
the following.
a. On-Site PAL Approved Uses A recreational facility for use by PAL consistent
with its stated mission "to prevent juvenile delinquency through the use of academics. athletics.
and artistic activities' ('PAL's Mission'). which approved uses include PAL's administrative
offices weight room and gym room membership for adults Boxing Program.adult Fitness Center
High School Fitness Program. distribution of snacks community meetings and Miami-Dade
County elections'polling place. PAL also participates in the following sponsorships/collaborations
with community organizations, Including Another Chance Bicycle Program. Book Bag Giveaway.
Boy Scouts. Bus Pass Program, Girl Scouts. Kindergarten Corp Mommy& Me National PAL
Mentoring Program, Nautilus School Awards Program, PAL Summer Work Program. Police
Explorers. Rad Kids. Safety Patrol Programs, Take Your Child to Work Program. Thanksgiving
Basket Giveaway, Youth Director Council/Youth Leadership Program (YDCI. Track Club; and
tutoring services
b. Pal and City Collaborative Approved Uses In addition to the above-mentioned
PAL Approved Uses there are recreational programs offered by the City of Miami Beach,which
may have a sponsorship component from PAL including without limitation. basketball, baseball.
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soccer. cheerleadmg flag football lacrosse track concession stand sales and other like
community-based youth programs
Public Benefits. As additional consideration and matenal inducement to entering
into this Lease with PAL. PAL shall be required to provide the following public benefits.
1 PAL Programs
Boxing Program.
Adult Fitness Center.
High School Fitness Program.
distribution of snacks.
community meetings
Miami-Dade County elections'polling place
Another Chance Bicycle Program,
Book Bag Giveaway,
Boy Scouts.
Bus Pass Program.
Girl Scouts.
Kindergarten Corp
Mammy 8 Me,
National PAL Mentonng Program.
Nautilus School Awards Program.
PAL Summer Work Program.
Police Explorers.
Rad Kids
Safety Patrol Programs.
Take Your Child to Work Program
Thanksgiving Basket Giveaway,
Youth Director Council/Youth Leadership Program IYDGI
Traci Cub and
And tutoring services
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2 PAL shall continue to collaborate with the City in connection with community-based
programs. which currently include basketball, baseball soccer cheerleading flag football.
lacrosse,track and concession stand sales.
3 the Fitness Center shall provide all Miami Beach employees with a reduced. full
access pricing that is at least 25% oft the non-employee membership fee, subject to compliance
with the City's policies and procedures including,without limitation any gift policies, as may be
amended from time to time.
7.2 Use by the City. Lessor shall have access and use of the Premises. as more
particularly described in the attached composite Exhibit A-1.solely for the recreational and other
community activities which the City offers to the public, as determined by the City, In its sole
discretion. from time to time to be in the best interest of the community("City Approved Uses")
which approved uses include providing a sport and recreational center providing a quality after
school program to include teacher work days and holidays) providing sports, recreational and
enrichment programs in a supervised environment, providing homework assistance computer
training, cultural arts, career mentoring and social skills, providing Sprang Break Camp, Winter
Break Camp. and Summer Camp providing disaster/hurricane on-site facility as required by the
City:providing a venue for physical fitness programs polling location and community and public
meetings
7.3 Additional ProgramslAdutt vs Youth Programs. The parties agree and
acknowledge that in furtherance of and consistent with the approved uses. Lessee and/or the
Lessor may wish to include additional activities and/or programs at the Premises ("Additional
Programs"). which Additional Programs shall be mutually coordinated between the parties. As to
the City. such Additional Programs shall be coordinated through its Parks and Recreation
Department The City and PAL shall mutually agree upon and approve any such Additional
Programs. in writing, in advance of their implementation. The Additional Programs must be
reasonably related to the PAL Approved Uses and the City Approved Uses and may not materially
interfere with each other's operation.PAL and the City hereby agree to use reasonable efforts in
mutually determining and agreeing upon the time.place and manner in the coordination of such
Additional Programs,pursuant to policies and procedures which shall be established and mutually
agreed upon by PAL'S Executive Director,on behalf of PAL.and the City's Parks and Recreation
Director, on behalf of the City. Similarly. the parties agree that the scheduling of any permitted
programming which involves adult participants in the Shared Area shall be coordinated in advance
by the parties. and memorialized in writing prior to the commencement of said adult
programming. so that such adult programming does not conflict with any children and youth
programming. with the children and youth programming taking precedence over the adult
programming
7.4 Conflict Resolution. Should a conflict arise whereby Lessee and Lessor cannot
reach an agreement with respect to coordinating the shared use of the Premises, including.
without limitation,the parties'failure to agree to an Additional Program the matter may be brought
to the attention of the City Manager,whereby the City Manager will issue a written decision with
respect to the conflict. If either party is not satisfied with the decision of the City Manager the
decision may be appealed to the City Commission within thirty i3Oi days from the date of the City
Manager's written decision and if appealed timely,the final decision of the City Commission shall
be binding upon the parties.If a timely appeal is not made the decision of the City Manager shall
be final
7.5 In the event that Lessee seeks to use the Premises for additional programs
services activities and uses which are materially different from the approved uses (as
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enumerated in subsection 7 1).then each such proposed new program,service.activity and use
shall be subject to the prior wntten approval of the Cty Manager In the event of approval by the
City Manager,all such new program(sl service(sl activityuesl.and use(s)shall be memorialized
by written amendment to this Lease
7.6 Operation and Management of the Premises. Subject to the approved uses
enumerated in subsection 7.1 (as same may be amended from time to time). and any and all
other terms limitations and required approvals contained in this Lease. and compliance with all
applicable laws, including, without limitation- securing a Business Tax Receipt. Lessee is
authorized and required to'.
a Manage and operate the PAL Area, in connection with the PAL Approved Uses.
activities. services. and programs thereon, for the purpose of coordinating.
implementing.and supervising all PAL Approved Uses.
b Maintain and provide for the day-today maintenance and housekeeping of the PAL
Area.
c. Provide and maintain. at its sole cost and expense. all labor. personnel materials
equipment and furnishings. as reasonably required, to operate the PAL Area in
accordance with the approved uses set forth in subsection 7 1 In the event any
materials, equipment, and/or furnishings are lost. stolen. or damaged they shall be
promptly replaced or repaired at the sole cost and expense of the Lessee,
d Supervise and direct all PAL employees, officers, agents. contractors invitees.
visitors and guests on the PAL Area and Shared Area.when being utilized by PAL.
e. Maintain and supervise detailed. accurate and complete financial and other records of
all Lessee activities under this Lease in accordance with generally accepted
accounting principles All financial records maintained pursuant to this Lease shall be
retained by Lessee as long as such records are required to be retained pursuant to
Florida Public Records Law. and shall be made available upon reasonable notice by
the City.
f Develop and implement programs and activities which support and promote the PAL
Approved Uses las same may be amended from time to time),and
g. Coordinate and cooperate with the City. in connection with approved Additional
Programs. as set forth in subsection 7 3 hereof which coordination and cooperation
shall not be unreasonably withheld or delayed and provided that such Additional
Programs do not materially interfere with PAL or the City's operations
7.7 Hours of Operation. Lessor and Lessee herein agree that the normal hrurs of
operation for the Premises shall be from 6 30 AM to 11.00 PM.Monday through Friday.and 8.00
AM to e'.00 PM. during the weekend. in order to accommodate the various programs which.
operate from the Premises including, but not limited to'.
a PAL's Use of Premises.
Miami Beach Police Athletic League Fitness Center
•Monday through Fnday 6 30 AM- 11 OO PM
•Saturday and Sunday 8 00 AM-8 00 PM
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Miami Beach Police Athletic League
•Monday through Fnday 200 AM-9.00 PM
•Saturday 12 00 PM -5 00 PM
Sunday (depends upon program or event)
b Citjs Use of Premises.
•Monday through Fnday 8 30 AM -900 PM
•Saturday and Sunday 8 30 AM-9 00 PM
The parties recognize and acknowledge that under certain circumstances. (i e special
events special programming, etc.). the normal hours of operation may be modified to
accommodate a special event or program. Lessee may be permitted to extend its hours of
operation. but any prolonged extension shall be subject to the prior written consent of the City
Manager(which consent shall not be unreasonably withheld or delayed)
7.8 Lessor hereby consents to Lessee subleasing a portion of PAL's Area to Miami
Beach Policemen's Relief and Pension Fund and William Nichols Lodge No 8 Fraternal Order of
Police.a Florida non-profit corporation,as more particularly delineated in Exhibit A-1.Additionally,
Lessor hereby consents to Lessee subleasing the portion of the Premises delineated for use as
a fitness center (the "Fitness Center") on Exhibit A-1 to Miami Beach Police Athletic League
Fitness Center inc., a Florida for profit corporation, which entity is wholly owned by PAL ("MB
PAL Fitness Center")
As consideration for Lessors approval of these subtenants. PAL indemnifies and holds harmless
Lessor. its elected officials, officers employees and agents (collectively. the City). from and
against any and all damages. losses and all claims. counterclaims. suits demands, actions.
causes of action. setoffs, liens, attachments. debts.judgments. liabilities or expenses including,
without limitation.attorneys fees and legal costs by reason of any claim.suit or judgment arising
or alleged to arise from or relating to the use of the Premises by any of said subtenants.including,
without limitation, real estate taxes which may be assessed against the Premises as a result of
the use of the Premises by any of the approved subtenants. Additionally. PAL shall ensure that
all said approved subtenants shall secure any requisite governmental approvals to operate from
the Premises. including the requisite business tax receipts.
Additionally. Miami Beach Policemen's Relief and Pension Fund and William Nichols Lodge No.
8 Fraternal Order of Police.a Flonda non-profit corporation. shall each carry and maintain the
following insurance coverages
a Comprehensive General Liability Insurance in the amount of$100.000 per occurrence
for bodily injury and property damage. This coverage shall include a waiver of
subrogation endorsement as to the City of Miami Beach The City of Miami Beach
must be an Additional Named Insured with respect to this coverage and
b. Workers Compensation to meet the statutory requirements of the State of Flonda
Miami Beach Police Athletic League Fitness Center. Inc. shall be required to carry and maintain
the same insurance coverages which PAL is required to maintain as set forth in Paragraph 27.
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1920 of 2719
8. Lessee shall use the Premises in accordance wth all laws and ordinances now or
hereinafter applicable.
9. Lessee shall not permit or suffer any noise. disturbance or nuisance whatsoever
on the Premises detrimental to same or annoying to the neighbors_and the Lessee acknowledges
that the Premises have been received in tenantable condition and repair. of which the execution
of this Lease. and taking possession hereunder. shad be conclusive evidence. Lessee further
acknowledges that no representations as to the condition of the Premises have been made by
the Lessor.or the Lessor's agent,and that no obligation as to the repairing.adding to.or improving
the Premises has been assumed by the Lessor,and that no oral arrangements have been entered
into in consideration of making this Lease and that this Lease contains a full statement of the
obligation of both parties hereto.
10. Lessee shall permit the Lessor. or the Lessors agent. at any reasonable time. to
enter and inspect the Premises. and make repairs. tin the Lessor's sole Judgment. the Lessor
should elect to do so.
11. Default
11 1 Events of Default by Lessee. At Lessors option any of the following shall
constitute an Event of Default under this Lease.
a The Rent or any other amounts as may be due and payable by Lessee
under this Lease,or any installment thereof.is not paid promptly when and
where due, and Lessee shall not have cured such failure within five (5)
days after receipt of written notice from Lessor specifying such default.
b. The Demised Premises shall be deserted. abandoned (as defined by
Ronda Statutes),or vacated.
c. Lessee shall fall to comply with any 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 wntten notice from Lessor
specifying any such default. or such longer period of time acceptable to
Lessor. at its sole discretion.
tl Receipt of notice of violation from any governmental authority having
(unsdiction 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 penod of time as may be acceptable and approved in writing
by the City Manager. at City Manager's sole discretion.
e. Any petition is filed by or against Lessee 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 authonzed by the laws
of the United States or of any state for the purpose of discharging or
extending the time for payment of debts.
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Lessee shall become insolvent,
g. Lessee shall make an assignment for benefit of creditors.
A receiver is appointed for Lessee by any court and shall not be
dissolved within thirty (30)days thereafter:
The leasehold interest is levied on under execution:or
Lessee fails to remain a not-for-profit corporation at all times during the
Term of the Lease.
11.2 f cssor'e Rinhts on Default Upon an Event of Default by Lessee as provided
herein,Lessor 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 Lease.
a Terminate this Lease. in which event Lessee shall immediate y
surrender the Demised Premises to Lessor, but if Lessee shall fail to
do so, Lessor may,without further notice. and without prejudice to any
other remedy Lessor may have for possession or arrearages in Rent
or damages for breach of contract. enter upon the Demised Premises
and expel or remove Lessee and its effects in accordance with law.
without being liable for prosecution or any claim for damages therefore,
and Lessee agrees to indemnify and hold harmless Lessor for all loss
and damage which Lessor may suffer by reasons of such Lease
termination,whether through inability to re-let the Demised Premises.or
otherwise.
b. Declare the entire amount of the Rent which would become due and
payable during the remainder of the Term of this Lease to be due and
payable immediately, in which event Lessee agrees to pay the same
at once.together with all rents therefore due, at the address of Lessor.
as provided in the Notices section of this Lease,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
Enter the Demised Premises as the agent of Lessee by force if
necessary without being liable to prosecution or any claim for damages
therefore, remove Lessee's property there from:and re-let the Demised
Premises. or portions thereof. for such terms and upon such conditions
which Lessor deems,in its sole discretion,desirable and to receive the
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1922 of 2719
rents therefore. and Lessee shall pay Lessor 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 Lessor; and for the purpose of re-letting. Lessor
may(I)make any repairs,changes. alterations or additions in or to said
Demised Premises that may be necessary or convenient, hi) pay all
costs and expenses therefore from rents resulting from re letting,and(iii)
Lessee shall pay Lessor any deficiency as aforesaid.
Take possession of any personal property owned by Lessee on said
Demised Premises and sell the same at public or private sale,and apply
same to the payment of rent due.holding Lessee liable for the deficiency.
if any
e It is expressly agreed and understood by and between the parties hereto
that any installments of Rent accruing under the provisions of this Lease
which shall not be paid when due shall be subject to a late charge of
Fifty and 00/100 ($50.00). plus interest at the rate of eighteen (18%)
percent per annum, or the maximum amount allowable under Florida
law. whichever is lesser,from the due date of payment until such time
as payment is actually received by Lessor. Any failure on Lessors
behalf to enforce this Section shall not constitute a waiver of this
provision with respect to future accruals of past due Rent
If Lessee shall default in making any payment of monies to any person
or for any purpose as may be required hereunder. Lessor may pay
such expense, but Lessor shall not be obligated to do so. Lessee upon
Lessor's paying such expense. shall be obligated to forthwith
reimburse Lessor for the amount thereof. All sums of money payable
by Lessee to Lessor hereunder shall be deemed as Rent for use of the
Demised Premises and collectable by Lessor from Lessee as Rent.
and shall be due from Lessee to Lessor on the first day of the month
following the payment of the expense by Lessor
The nghts of Lessor under this Lease shall be cumulative but not
restrictive to those given by law and failure on the part of Lessor to
exercise promptly any nghts given hereunder shall not operate to waive
or to forfeit any of the said nghts.
11.3 I essors Default
a The failure of Lessor to perform any of the covenants. conditions
and agreements of this Lease which are to be performed by Lessor
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1923 of 2719
and the continuance of such failure for a period of thirty(30)days after
notice thereof in writing from Lessee to Lessor (which notice shall
specify the respects in which Lessee contends that Lessor failed to
perform any such covenant, conditions and agreements) shall
constitute a default by Lessor, unless such default is one which cannot
be cured within thirty (30) days because of circumstances beyond
Lessor's control. and Lessor within such thirty(30)day period shall have
commenced and thereafter shall continue diligently to prosecute all
actions necessary to cure such defaults
bLess e'sR ht n D fault
If an event of Lessor's default shall occur. Lessee. to the fullest extent
permitted by law. shall have the right and option to terminate this Lease and
all of its obligations hereunder by giving written notice of such election to
Lessor and, subject to the limitations on Lessor's liability as set forth in
Section 28. shall further have the right to pursue any actions at law or suits in
equity to obtain damages resulting from Lessor's default. Notwithstanding
anything in this Section or elsewhere in the Lease.in the event of a default by
Lessor,Lessee hereby agrees and acknowledges that in no event shall Lessor
be liable for any of Lessee's incidental. indirect. special or consequential
damages which may be alleged as a result of Lessor's default. including.
without limitation,loss of revenue and lost profits
11.4 The exercise of any options herein contained shall not be deemed to be exclusive
and the Lessor shall at all times in the event of the Lessee's default hereunder. have such
remedies as may be provided by the laws of the State of Florida.
12. Notwithstanding Paragraph 11 above.this Agreement may be terminated without
cause and for convenience of either party at any time during the term_upon furnishing sixty(60j
days written notice to the other party
13. No Dlsonminallon.
In connection with its operations Lessee shall not exclude from participation in,deny
the benefits of, or subject to discrimination anyone on the grounds of race color national
origin. religion. sex,age.disability. religion.income or family status
Additionally. Lessee 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 (including independent contractors), housing. public
accommodations.public services.and in connection with its membership or policies because
of actual or perceived race.color.national ongin.religion.sex.intersexuality,gender identity,
sexual orientation. marital and familial status. age. disability ancestry. height weight hair
texture and/or hairstyle. domestic partner status labor organization membership. familial
situation.or political affiliation.
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1924 of 2719
14. The Lessee pledges with the assigns unto the Lessor all the furniture and fixtures.
goods and chattels of the Lessee which may be brought or put on the Premises.as secunty for
the payment of the rent herein reserved and Lessee's obligations under the Lease and agrees
that the Lessor's lien for the payment of said rent may be enforced by distress, foreclosure or
otherwise at the option of the Lessor and the Lessee agrees that such lien is granted to the
Lessor and vested in the Lessor,the Lessee to pay the rent herein reserved when the same shall
become due.and it becomes necessary for the Lessor to collect said rent by suit or through an
attorney,the Lessee will be obligated to pay the Lessor a reasonable attorney's fee.together with
all costs and charges thereof
15. In the event the Premises.or any part thereof,shall at any time be destroyed or so
damaged by fire or other elements so as to be unfit for occupancy or use by the Lessee then and
in that event. the Lessor shall have the option to terminate this lease or to repair and rebuild the
Premises remitting rents hereby due to damage sustained.until the Premises are reinstated and
made fit for occupancy and use.and in the event the Lessor elects to exercise the option to repair
and rebuild,the same shall be done and completed within a reasonable time,but in no event shall
such time be more than sixty(601 days from the date of the initial damage or destruction rendering
the Premises untenantable
16. The Lessee shall not attach any signs to the Premises. or place any lettering on
the plate glass windows unless such signs. and such lettering. have been approved by the
Lessor and are in conformance with any and all applicable City design and zoning guidelines.
17. If the Lessee shall occupy the premises with or without the consent of the Lessor
after the expiration of this Lease. and the rent is accepted from the Lessee during such period
such occupancy and payment shall be construed as an extension of this Lease on a month-to-
month basis only from the date of such expiration, unless other terms of such extension are
endorsed hereon rn writing and signed by the parties hereto.
18. At the expiration of the tern hereof.the Lessee shall quietly and peaceably deliver
the premises and any equipment furnishings. and fixtures excluding the equipment for the
Fitness Center(as defined in subsection 7.8))to the Lessor in the same repair and condition in
which they were received.ordinary wear and tear excepted
19. The terms Lessor and Lessee has herein contained shall include the singular
and'or plural.masculine feminine,and/or neuter and heirs successors personal representatives
and/or assigns of the parties hereto
20. The failure of the Lessor in one or more instances to insist upon strict performance
or observance of one or more of the covenants or conditions hereof or to exercise any remedy.
privilege or option herein conferred upon or erved to the Lessor shall not operate or be
construed as a relinquishment or waiver for the future of such covenant or condition or of the nght
to enforce the same or the exercise such privilege.option or remedy.but the same shall continue
in full force and effect The receipt by the Lessor of rent or additional rent or any other payment
required to be made by the Lessee, or any part thereof shall not be a waiver of any other
additional rent or payment then due nor shall such receipt. though with knowledge of the breach
of any covenant or condition hereof,operate as or be deemed to be a waiver of such breach.and
no waiver by the Lessor of any of the provisions hereof or any of the Lessor's rights, remedies.
privileges or options hereunder shall be deemed to have been made unless made by the Lessor
in wnting If the Lessor shall consent to the assignments of this Lease or to a subletting of all or a
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1925 of 2719
part of the Premises.no further assignment or subletting shall be made without the written consent
of the Lessor first obtained No surrender of the Premises for the remainder of the term hereof
shall be valid unless accepted by the Lessor in writing
21. Lessee represents and warrants that it has not engaged in any conduct that would
give nse to claims for broker's commissions or finders'fees in connection with the execution of
this Lease
22 Lessee shall not stack use or sell any article or undertake any activity in the
Premises which may be prohibited by Lessor's insurance policies. or which will increase any
insurance rates or premiums for which Lessor is responsible.
23. Should any mechanics (lens. mortgages or other liens be filed against the
Premises or any part thereof for any reason whatsoever by reason of Lessee's acts or omissions
or because of a claim against Lessee. Lessee shall cause the same to be cancelled and
discharged.of record.by bond or otherwise within thirty(30 days after the filing such lien
24. In the event that it shall become necessary for Lessor to employ the services of an
attorney to enforce any of its nghts under this Lease or to collect any sums due to it under this
Lease or to remedy the breach of any covenant of this Lease on the part of the Lessee to be kept
or performed.regardless of whether suit be brought.Lessee shall pay to Lessor such fee as shall
be charged by Lessor's attorney for such services Should suit be brought for the recovery of
possession of the Premises or for rent or any other sum due Lessor under this Lease.or because
of the breach of any of Lessee's covenants under this Lease, Lessee shall pay to Lessor all
expenses of such suit and any appeal thereof including a reasonable attorney's fee.
25. Radon is naturally occurring radioactive gas that. when it is accumulated in a
building in sufficient quantities. may present health risks to person 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.
26. Notice shall be deemed properly given hereunder when made in writing and
deposited in the United States certified or registered mails with sufficient postage prepaid thereon
to carry it to its addressed destination,and the said notices shall be addressed as follows.
For the Lessor. Enc T.Carpenter.P E
City Manager
City of Miami Beach
1700 Convention Center Dnve
Miami Beach, Florida 33139
With a copy to. Ricardo.1 Dopico
City Attorney
City of Miami Beach
1700 Convention Center Drive
4th Floor
Miami Beach. Florida 33139
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1926 of 2719
For the Lessee Alejandro Bello
Executive Director
Miami Beach Police Athletic League
999 11th Street
Miami Beach. Florida 33139
With a copy to Wayne Jones
Chief of Police
City of Miami Beach
1100 Washington Avenue
Miami Beach. Florida 33139
or to such other address as shall from time to time be supplied in wnting by any part to the other.
27. Indemnification/Insurance
The Lessee shall indemnify. defend and hold Lessor harmless from any and all claims.
liability losses and causes of action which may arise out of Lessee's use of the Premises under
this Lease and shall pay all claims and losses of any nature whatsoever in connection therewith
and shall defend all suits,in the name of Lessor.and shall pay all costs;including attorneys fees)
and judgments which may issue thereon. This indemnification shall not be limited in any way by
the type or amount of insurance carried by Lessee
The foregoing indemnity agreement shall also apply to any and all claims or suits as determined
by a court of competent junsdiction, and the Lessee shall specifically and distinctly assume all
responsibility for reporting to the City's Risk Management Office any and all accidents,claims or
suits arising out of or in any way connected with the aforesaid Premises within 24 hours of your
knowledge of same
The Lessee and Miami Beach Police Athletic League Fitness Center.Inc shall carry and maintain
in full force and effect at all times during the term of this Agreement the following insurance
coverages.
a Comprehensive General Liability Insurance in the amount of 51.000 000 per occurrence
for bodily injury and property damage. including products and completed operations.
contractual liability.and personal 8 advertising liability The City of Miami Beach must be
an Additional Named insured with respect to this coverage
b All Risk Property Insurance to cover Lessee's improvements or betterments. including
Lessee's personal property. at the full replacement cost with no coinsurance penalty
provision The City of Miami Beach must be a Co-Named Insured and Loss Payee. as its
interest may appear.
c. Additionally. Lessee and Miami Beach Police Athletic League Fitness Center, Inc hereby
grant to the City of Miami Beach a waiver of any right to subrogation which any insurer of
the Lessee andlor of Miami Beach Police Athletic League Fitness Center. Inc.may acquire
against the City of Miami Beach by virtue of the payment of any loss under such insurance
Lessee agrees to obtain any endorsement that may be necessary to affect this waiver of
subrogation and shall ensure that the insurance policies for Miami Beach Police Athletic
League Fitness Center. Inc also contain a waiver of subrogation endorsement.however.
this waiver of the right of subrogation provision applies regardless of whether or not the
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City of Miami Beach has received a waiver of subrogation endorsement from the insurer
for Lessee or Miami Beach Police Athletic League Fitness Center. Inc All Certificates of
Insurance shall state.This insurance coverage is primary to all other coverages provided
by the City of Miami Beach
d. Workers' Compensation to meet the statutory requirements of the State of Florida. and
Employers'Liability with a limit of$1.000 000
e 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 A- or better per A Best's Key
Rating Guide.latest edition,unless otherwise acceptable to the City of Miami Beach Risk
Management Office
f. Lessee shall furnish original certificates of insurance,evidencing the required coverage.
and receive approval of same by the City of Miami Beach Risk Management
28. Limitation of Liability
Lessor desires to enter into this Lease only if in so doing Lessor can place a limit on the
Lessee's liability for any cause of action for money damages due to an alleged breach by the
Lessee of this Lease so that its liability for any such breach never exceeds the sum of$1.000 00
Lessor hereby expresses its willingness to enter into this Lease with Lessee's recovery from
Lessor for any damage action for breach of contract to be limited to a maximum amount of the
amount of$1 000 00.
Accordingly,and notwithstanding any other term or condition of this Lease. Lessor hereby
agrees that it shall not be liable to the Lessor tor damages in an amount in excess of$1 000 00.
for any action or claim for breach of contract arising out of the performance or non-performance
of any obligations imposed upon the Lessor by this Lease. Nothing contained in this paragraph
or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon
City's liability as set forth in Florida Statues, Section 768 28.
29. Executive Director.
PAL shall hire. at its own expense, an Executive Director who will manage and operate
all PAL activities,including fundraising Within sixty(60)days from the Effective Date of this Lease
or the vacancy of the Executive Director position. Lessee shall recommend a candidate for the
Executive Director position The new Executive Director. as well as any subsequent Executive
Directors for PAL.shall have significant experience in non-profit organizational management. as
well as in charity fundraising. Additionally. the hiring of the Executive Director. as well as any
subsequent Executive Directors,shall require the prior wntten approval of the City Manager. on
behalf of the Lessor. which approval shall not be unreasonably withheld. For good cause, and
upon the request of the Lessee. the City Manager may extend the time to secure a candidate for
the Executive Director position which extension shall not be unreasonable withheld.
30. Designated Police Officer. The City shall continue to support PAL's youth
services to the community by assigning one full-time police officer to be selected by the City s
Chief of Police. at his or her reasonable discretion. and who shall be charged with the specific
assignment of supervising the police-community programs. consistent with PAL's mission of
serving youth. excluding fundraising activities ('Dedicated Police Officer') During this
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assignment.the Dedicated Police Officer shall report to the Chief of Pol.ce or his or her designee
However. said Dedicated Police Officer may also be directed by PAL's Executive Director.for day
to day duties so long as the Dedicated Police Officer operates at all times within the rules of the
City and the City s Police Department works primanly on programs for the youth and does not
engage directly or indirectly in fundraising activities
31. This Lease is made with the understanding that Lessee shall at all times.
throughout the term of this Lease.remain a Florida notior-profit corporation pursuant to Chapter
617. Florida Statutes. the Florida Not For Profit Corporation Act. and maintain a federal tax
exemption pursuant to IRC 501 fc)(4) In the event that Lessee ceases to be a not-for-profit
corporation. this Lease shall be subject to termination upon thirty (301 days written notice by
Lessor to Lessee.Notwithstanding the foregoing Lessee shall be permitted to operate the Fitness
Center through PAL's related entity, Miami Beach Police Athletic League Fitness Center. Inc.. a
Florida for-profit corporation.which Lessor has approved as a subtenant in subsection 7.8 of the
Lease.subject to the conditions set forth therein
32. Revenues from PAL related activities,financial records and reports.
32.1 Revenues from PAL Related Acttvttles. The Lessor herein acknowledges that
Lessee may derive additional revenues from a portion of the approved uses it conducts on the
Premises(such revenue generating uses may include.from time to time,events on the Premises.
specialty sales.Gasses lectures and sale of food and beverages).Any revenue-generating uses
conducted from the Premises must be in accordance with the approved uses in subsection 7.1
and consistent with this subsection 30.1 of the Lease. All revenues received by Lessee in
connection with such uses shall be dedicated exclusively to help fund Lessee's management.
operation, and maintenance of the Premises, as required herein. In the event that revenue(s)
pertaining to Lessee's operation exceeds expenses dunng a particular budget year (in
accordance with projected annual operating budget submitted by Lessee to Lessor. pursuant to
subsection 33.2 herein) Lessor and Lessee agree that such excess, if any, shall be applied by
Lessee to support other programming of Lessee. For purposes herein."revenues'shall also be
deemed to include public'pnvate grant funding, and unrestricted donations and contributions
received by Lessee specifically ear-marked toward Lessee's operation. management and
programming. No portion of the net earnings resulting from the activities of Lessee on the
Premises shall inure to the benefit of any private individual Any revenue generating uses which
are not consistent with the approved uses in subsection 7 I. shall first be approved.in writing. by
the City Manager(pnor to commencement of same)
32.2 Financial Records and Reports. Lessee shall maintain on the Premises or at
the location set forth in the Notices section of this Agreement.or at such other place within Miami
Dade County. Flonde, true accurate and complete records and accounts of all receipts and
expenses for any and all uses services programs events and activities (including. without
limitation all revenue generating uses) being conducted on the Premises by PAL and MB PAL
Fitness Center, and shall give the City Manager or his authorized representative.access during
reasonable business hours to examine and audit such records and accounts Throughout the
term of this Lease. and no later than one hundred and twenty 1120j days following the closing of
City s fiscal year(October 1st-September 30th1. Lessee shall provide the City Manager with an
annual report of all uses services.programs events activities and operations(including without
limitation. all revenue generating uses)("PAL Programs")conducted upon the Premises by PAL
and MB PAL Fitness Center referencing the number of persons participating in the PAL
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Programs. Simultaneously with said annual report for the PAL Programs. Lessee shall provide
Lessor with audited financial statements for PAL and MB PAL Fitness Center certified as true.
accurate and complete by Lessee and by its certified public accountant
32.3 The annual report for PAL and MB PAL Fitness Center shall also include a Profit
and Loss Statement (including grass revenues by categories from all revenue sources and
operating expenses by categones). and a detailed year-end Balance Sheet.
33. Budget and Funding for PAL.
33.1 Throughout die term of this Lease.Lessee shall prepare and present.commencing
on August I. 2025. and thereafter by August I° of each year. a proposed detailed line item
annual operating budget for Lessee and MB PAL Fitness Center for the period from the next
October 1° to September 30T . for review by the City Manager. Said budget shall include a
projected income and expense statement projected year-end balance sheet. statement of
projected Income sources and application of funds. Additionally, the budget shall also include,
without limitation the following detailed projections for PAL and MB PAL Fitness Center
a Gross revenues by categories from all revenue sources and revenue
generating uses derived on the Premises.
b Operating expenses.
c.Administrative labor and general expenses:
d. Marketing. advertising and promotion expenses;
e. Utility costs,
f Regular repairs and maintenance costs:and
g In addition to subsection(f)above. Lessee shall identify for the Lessor.such long term
capital repairs and maintenance of facility infrastructure of which Lessee may be aware.
In conjunction with this subsection (g). Lessee agrees to allow Lessor and/or its
authorized representative(s)access to the Premises. as the City Manager may deem
necessary in his reasonable Judgment and discretion and upon at least 24 hours prior
notice (written or verbal). for the purpose of Lessor conducting its own facility
assessment.
33.2 Programmatic Plan. Accompanying Lessee's proposed annual budget shall be
Lessee's programmatic plan for Lessee's upcoming fiscal year. detailing the then-known
(planned) PAL Programs (including a program for the MB PAL Fitness Center)and the number
of users anticipated. Commented lull: Is this continuing?
34. Use of Off-Duty Police Surcharge.Commencing as of the Effective Date of this
Lease. PAL shall receive $1.00 per hour of the off-duty police surcharge fund ("Surcharge
Contribution'). subject to funding availability. during the term of this Lease This Surcharge
Contnbution shall be paid to PAL on a quarterly basis. upon PAL presenting a wntten request to
the Chief of Police or his or her designee. PAL may use ;he Surcharge Contribution for the
payment of the salary of the Executive Director. PAL's Utility Expenses. PAL's programming,and
other like operational expenses
35. Lessee's Compliance With Anti-Human Trafficking Laws.
Lessee agrees to comply with Section 787 06 Florida Statutes.as may be amended from time to
time and has executed the Certification of Compliance with Anti-Human Trafficking Laws. as
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required by Section 787 96i131. Florida Statutes a copy of which is attached hereto as Exhibit
B.
36. Prohibition on Contracting with a Business engaging in a Boycott
Lessee warrants and represents that it is not currently engaged in and will not engage in, a
boycott.as defined in Section 2-375 of the City Code In accordance with Section 2-375.1(2)(a)
of the City Code. Lessee hereby certifies that Lessee is not currently engaged in. and agrees
for the duration of the Agreement to not engage in a boycott of Israel
37. Prohibition Against Contracting with Foreign Countries of Concern When
an Individual's Personal Identifying Information May be Accessed.
Lessee hereby agrees to comply with Section 287 138. Florida Statutes, as may be amended
from time to time.which states that as of January 1. 2024,a governmental entity may not accept
a bid on.a proposal for.or a reply to.or enter into,a contract with an entity which would grant the
entity access to an individual's personal identifying information (PII). unless the entity provides
the governmental entity with an affidavit signed by an officer or representative of the entity under
penalty of perjury attesting that the entity does not meet any of the criteria in Paragraphs 2ta}tc)
of Section 287 138. Florida Statutes (a)the entity is owned by a government of a foreign country
of concern. (b) the government of a foreign country of concern has a controlling interest in the
entity or (cl the entity is organized under the laws of or has its principal place of business in a
foreign country of concern(each a-Prohibited Entity-) A foreign country of concern is defined in
Section 287.138)1 pc1, Florida Statutes, as may be amended from time to time.as the People's
Republic of China.the Russian Federation,the Islamic Republic of Iran,the Democratic People's
Republic of Korea.the Republic of Cuba.the Venezuelan regime of Nicolas Maduro or the Syrian
Arab Republic including any agency of or any other entity of significant control of such foreign
country of concern Additionally,beginning July 1,2025 a governmental entity may not extend or
renew a contract with a Prohibited Entity Lessee warrants and represents that it does not fall
within the definition of a Prohibited Entity.and as such. has caused an authorized representative
of Lessee to execute the Prohibition Against Contracting with Entities of Foreign Countries of
Concern Affidavit" incorporated herein by reference and attached hereto as Exhibit C.
38. Prohibition on Contracting with an Individual or Entity Which Has
Performed Services For Compensation to a Candidate for City Elected Office.
Lessee warrants and represents that. within two(2)years prior to the Effective Date.Lessee
has not received compensation for services performed for a candidate for City elected office.as
contemplated by the prohibitions and exceptions of Section 2379 of the City Code.
For avoidance of doubt. the restrictions on contracting with the City pursuant to Section 2.
379 of the City Code shall not apply to the following
(a) Any individual or entity that provides goods to a candidate for office
(b) Any individual or entity that provides services to a candidate for office if those same
services are regularly performed by the individual or entity in the ordinary course of
business for clients or customers other than candidates for office This includes,without
limitation banks. telephone or Internet service providers pnnting companies. event
venues restaurants caterers transportation providers.and office supply vendors
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(c) Any Individual or entity which performs licensed professional services (including for
example legal or accounting services
39. Lessee's Compliance with Florida Public Records Law.
39.1 Lessee shall comply with Florida Public Records law under Chapter 119. Florida
Statutes as may be amended from time to time
39 2 The term public records'shall have the meaning set forth in Section 119 011(12).
which means all documents papers. letters. maps. books tapes photographs. films sound
recordings. data processing software. or other matenal, regardless of the physical form.
characteristics or means of transmission. made or received pursuant to law or ordinance or in
connection with the transaction of official business of the City.
39.3 Pursuant to Section 119.0701 of the Florida Statutes. if the Lessee meets the
definition of Contractor as defined in Section 119 0701(1)la).the Lessee shalt.
a Keep and maintain public records required by the City to perform the service.
Upon request from the City s custodian of public records provide the City with a
copy of the requested records or allow the records to be inspected or copied within
a reasonable time at a cost that does not exceed the cost provided in Chapter 119.
Florida Statutes or as otherwise provided by law:
Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law.
for the duration of the contract term and following completion of the Agreement if
the Lessee does not transfer the records to the City;
d. Upon completion of the Agreement,transfer.at no cost to the City.all public records
in possession of the Lessee or keep and maintain public records required by the
City to perform the service If the Lessee transfers all public records to the City upon
completion of the Agreement.the Lessee shall destroy any duplicate public records
that are exempt or confidential and exempt from public records disclosure
requirements_If the Lessee keeps and maintains public records upon completion of
the Agreement. the Lessee shall meet all applicable requirements for retaining
public records. All records stored electronically must be provided to the City. upon
request from the City custodian of public records in a format that is compatible
with the information technology systems of the City.
39 4 Request for Records:Noncompliance
a A request to inspect or copy public records relating to the City s contract for
services must be made directly to the City If the City does not possess the
requested recortls. the City shall immediately notify the Lessee of the request and
the Lessee must provide the records to the City or allow the records to be inspected
or copied within a reasonable time.
Lessee's failure to comply with the City's request for records shall constitute a
breach of this Agreement and the City at its sole discretion. may (1)unilaterally
terminate the Agreement. t21 avail itself of the remedies set forth under the
Agreement.andior(31 avail itself of any available remedies at law or in equity.
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c. A Lessee who fails to provide the public records to the City within a reasonable
time may be subject to penalties under s 119 10.
39 5 Coil Action.
a If a civil action is filed against a Lessee to compel production of public records
relating to the City s contract for services,the court shall assess and award against
the Lessee the reasonable costs of enforcement, including reasonable attorneys
tees if
b. The court determines that the Lessee unlawfully refused to comply with the public
records request within a reasonable time.and
c. At least B business days before filing the action,the plaintiff provided written notice
of the public records request including a statement that the Lessee has not
complied with the request,to the City and to the Lessee.
d. A notice complies with subparagraph c if it is sent to the City s custodian of public
records and to the Lessee at the Lessee's adcress listed on its contract with the
City or to the Lessees registered agent. Such notices must be sent by common
carver delivery service or by registered, Global Express Guaranteed. or codified
mail. with postage or shipping paid by the sender and with evidence of delivery,
which may be in an elecfronic format.
e. A Lessee who complies with a public records request within 8 business days after
the notice is sent is not liable for the reasonable costs of enforcement.
39.6 IF THE LESSEE HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, OR AS TO THE
LESSEE'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS
AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT:
CITY OF MIAMI BEACH
ATTENTION: RAFAEL E. GRANADO, CITY CLERK
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 33139
E-MAIL: RAFAELGRANADOCa,MIAMIBEACHFL.GOV
PHONE: 305-673-7411
40. E-VerlN.
40.1 To the extent that Lessee provides labor supplies or services under this
Agreement Lessee shall comply with Section 448 095. Florida Statutes."Employment Eligibility"
r-E-Venfy Statute 1. as may be amended from time to time Pursuant to the E-Verify Statute.
commencing on January 1 2021. Lessee shall register with and use the[-Verify system to verify
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the work authorization status of all newly hired employees during the Term of the
Agreement Additionally. Lessee 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. If Lessee enters into a contract with an approved subcontractor the subcontractor
must provide the Lessee with an affidavit stating that the subcontractor does not employ.contract
with.or subcontract with an unauthorized alien Lessee shall maintain a copy of such affidavit for
the duration of this Agreement or such other extended period as may be required under this
Agreement.
40 2 Termination Riahts.
a If the City has a good faith belief that Lessee has knowingly violated Section
448 09(1).Florida Statutes which prohibits any person from knowingly employing.
hiring. recruiting, or referring an alien who is not duly authorized to work by the
immigration laws or the Attorney General of the United States. the City shall
terminate this Agreement with Lessee for cause.and the City shall thereafter have
or owe no further obligation or liability to Lessee.
If the City has a good faith belief that a subcontractor has Knowingly violated the
foregoing Subsection 40.1. but the Lessee otherwise complied with such
subsection. the City will promptly notify the Lessee and order the Lessee to
immediately terminate the contract with the subcontractor. Lessee's failure to
terminate a subcontractor shall be an event of default under this Agreement.
entitling City to terminate this Agreement for cause.
A contract terminated under the foregoing Subsection 40.2(a)or 40 2(b) is not in
breach of contract and may not be considered as such
d. The City or Lessee or a subcontractor may file an action with the Circuit or County
Court to challenge a termination under the foregoing Subsection 40 2(a)or 40.2(b)
no later than 20 calendar days after the date on which the contract was terminated.
If the City terminates the Agreement with Lessee under the foregoing Subsection
40.2(a). Lessee may not be awarded a public contract for at least 1 year after the
date of termination of this Agreement.
Lessee is liable for any additional costs incurred by the City as a result of the
termination of this Agreement under this Section 40
[Sgnature Pages follow]
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IN WITNESS WHEREOF.the parties hereunto set their hands and seals the day and year
stated above.
Signed sealed and delivered in the presence of
LESSOR
ATTEST. CITY OF MIAMI BEACH. FLORIDA
By. By
Rafael E Granada. City Clerk Eric T Carpenter. P E City Manager
LESSEE
ATTEST MIAMI BEACH POLICE ATHLETIC LEAGE. INC
By By.
Secretary President
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EXHIBIT A
Location Map
999 11th Street 9m>am7®
Legend P .
,
.f 44i
i
•
R ri r° I •
._
ill
/999 ` '
13.367 Total Sq FI f 4IME
a
a'.:
• .
I _1 Commented 161b Please remove the reteren
Exhibit 4-1
•
\ _ '-'-rl
410-
1116 Str•a1 EXHIBIT .
1936 of 2719
NORTH
Community Roam j Wrestling Room
(Shared) (Shared)
li Recreation Restroom
r (PARKS)
Stairs Q
r I Elevator Playtime Room
Hallway
(Shared) Q '; (PARKS)
WEST ,
Each maintains I = EAST
conwoiter stations Kitchen - —
Officena, (Shared) ji FOP Office
( um)
PAL -- T-- - (PAL)
Executive Womens •
Office(PAL) Restroom Men's Restroom
Gym Office (Shared)
*Needs ADA" (Shared)
(PAL)
Fitness Center
(Cardio Room)
Fitness Center (PAL)
(PAL)
•
SOWN
25
1937 of 2719
NORTH
Classroom Computer Lab
(Arts&Crafts Room) (Shared)
(PARKS)
Classroom
(Guitar Room)
I
(Shared)
MST <
CuEAST
Pension Office 2
(PAL) Classroom
(Homework Room)
Q (Shared)
Stairs Opening A
'
Sli Office(PAL)
Library(Shared)
Computer Lab
(Shared)
SOUTH
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EXHIBIT B
ANTI-HUMAN TRAFFICKING AFFIDAVIT
In accordance with Section 787 06 03). Florida Statutes the undersigned on behalf of Lessee
hereby attests under penalty of perjury that Lessee does not use coercion for labor or services as
defined in Section 787 06.Florida Statutes.entitled'Human Trafficking
I understand Nat I am swearing or affirming under oath to the truthfulness of the claims made in
this affidavit and that the punishment for knowingly making a false statement includes fines and or
imprisonment.
The undersigned is authorized to execute this affidavit on behalf of Lessee.
LESSEE:
a corporation.
Name/Title. (Address)
State of
County of
The foregoing instrument was acknowledged before me by means of physical presence or
online notarization this day of 202_ by
as of
a corporation,known to me to be the
person descr bed herein_ or who produced as
identificaton and who did/did not take an oath
NOTARY PUBLIC
(Signature)
(Print Namet
My comrrnss on expires.
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EXHIBIT C
PROHIBITION AGAINST CONTRACTING WITH FOREIGN COUNTRIES OF CONCERN
AFFIDAVIT
In accordance with Section 287 138. Florida Statutes. incorporated herein by reference. the
undersigned on behalf of Lessee hereby attests under penalty of perjury that Lessee does not
meet any of the following criteria in Paragraphs 2(a-(c)of Section 287.138. Flonda Statutes.(a)
Lessee is owned by a government of a foreign country of concern.(b)the government of a foreign
country of concern has a controlling interest in Lessee:or jc)Lessee is organized under the laws
of or has its principal place of business in a foreign country of concern.
I understand that I am swearing or affirming under oath under penalties of perjury_ to the
truthfulness of the claims made in this affidavit and that the punishment for knowingly making a
false statement includes fines and/or imprisonment.
The undersigned is authorized to execute this affidavit on behalf of Lessee.
LESSEE:
corporation.
Name/Title (Address)
State of
County of
The foregoing instrument was acknowledged before me by means of physical presence or
online notarization this day of 202 by
as _of
a corporation known to me to be the
person described herein or who produced as
identification, and who did/did not take an oath
NOTARY PUBLIC.
(Signature)
(Print Name)
My commission expires
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1940 of 2719