R7A-Execute Lease Agmts South Florida Workforce And South Shore Community CtrCOMMISSION ITEM SUMMARY
Condensed Title:
Resolutions authorizing the Mayor and CilV Clerk to execute a Lease Agreement between the City and South Florida
Workforce, for premises located at 833 6"' Street, Miami Beach, Florida (a/Ua South Shore Community Center), for a
period of five (5) years, retroactively commencing October 1, 2014 and ending September 30, 2019; as well as authorizing
the mayor and city Clerk to execute Lease Amendments between the City and Miami Dade County, Jewish Community
Services of South Florida, UNIDAD of Miami Beach, and Little Havana Activities and Nutrition Centers of Dade County,
said amendments approving their sole renewal option for a period of four (4) years and three hundred sixty four (364) days,
retroactively, commencing October 1,2014 and ending September 30, 2019; and further approving an increase in
Additional Rent, and various relocations, increases and decreases in size.
lntended Outcome
N/A
Supporting Data (Surveys, Environmental Scan, etc.):
N/A
TheSouthShoreCommunityCenter(the..Cente/,)islocatedat8336tnStree
(the "City"). The Center provides space to various not-for-profit, community service organizations that provide assistance
to the Miami Beach community. As such, the City only charges $1.20 annually for Base Rent. As Additional Rent, the City
only charges specific operating expenses incurred by the City to operate the Center. Since all of the agreements are at
below market rental rates, the Administration requested direction from lhe Finance and Citywide Projects Committee. ln
accordance with the agreements, the City provided timely notice, to all the tenants, of the City's intention to increase the
Additional Rent to $11.06 per square foot.
South Florida Workforce lnvestment Board d/b/a CareerSource South Florida ("CareerSource") has been providing
services at the Center since 2002 through a grant agreement with UNIDAD. South Florida WorKorce awards grant funds
for these services periodically and, during the most recent grant review has awarded funding to KRA Corporation ('KM)
for the workforce services. KRA has been contracted to provide worKorce services, including training and employment, to
the residents of the Miami Beach community. As a result, CareerSource requested to lease a poffon of the space
currently occupied by UNIDAD in order to continue to provide workforce services from the Center. The space is located on
the 2no Floor of the Center and contains 3,262 square feet.
The FCPC considered this matter at its September 24,2014 meeting and recommended approving a new lease with
CareerSource, subject to paying, as Additional Rent, the total cost of the 2013 operating expenses, including insurance
and maintenance, in the amount of $15.86 per square foot. Due to the proposed new lease agreement with
CareerSource, and due to the changing space requirements of existing tenants, CAA, JCS and UNIDAD propose
modifying the locations of the spaces they occupy and adjusting their respective sizes.
The Admnistration worked with the existing tenants to accommodate each tenants space needs while also optimizing the
utilization of space. The facility itself also has some physical limitations, as a portion of the space is large open area
without natural subdivisions and several tenants are cohabitating in shared space. Othenvise, the City would have to
e.xpend a9ditiofgl resources to fu(her subdivide the space
,dvisorv Board Recommendation :
The FCPC considered this matter at its September 24, 2014 and October 10, 2014 and recommended: 1) to increase the
Additional Rent, to $11.06 per square foot, over a period of three (3) years. Accordingly, for the first three (3) years of the
renewal term, the Additional Rent shall be increased to $8.81 per square foot in year 1, $9.94 per square foot in year 2 and
$11.07 per square foot in year 3. The FCPC also recommended including performance benchma*s as a condition of the
lease renewal. The FCPC recommended approving a new Lease Agreement with CareerSource; and further
recommended approving the Lease Amendments the other tenants. The Committee further instructed the Administration to
review the allocation of space currently being rented at the Center in an effort to optimize the facilities' utilization. The
Committee additionally requested Center tenants provide a description of the clients being served through their operations,
with a breakdown of city residents
Max Sklar, ext. 6116
I.\AGI l'] DA\20 1,1\Octobrr\Sor.rih Conrrrrr.inrly tlcnterr\Sou1h Shcire SUl,,1 I 1 0. 29- 1 4 ).docx
AGENDA "'* R7 AE MIAAAIBEACH D^fe b-a?- lv56
MIAMIBEACH
City of Miomi Beoch, l/00 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Mayor Philip Levine and Commission
Jimmy Morales, City Manager
October 29,2014
A RESOLUTION FOLL DULY ADVERTISED PUBLIC
HEARING, WAIVING, BY 5/7TH VOTE, THE COMPETTTIVE BIDDING
REQUTREMENT, AS PERMITTED UNDER SECTTON 82-39(A) OF THE
CITY CODE; FINDING SAID WAIVER TO BE lN THE BEST INTEREST
OF THE CITY; ANDAPPROVING AND AUTHORIZING THE MAYOR
AND CITY CLERK TO EXEGUTE A LEASE AGREEMENT BETWEEN
THE ClTy ("LANDLORD") AND SOUTH FLORTDA WORKFORCE
TNVESTMENT BOARD (,,TENANT"), FOR LEASE OF OFFICE SPACE
AT THE CITY OWNED BUILDING LOCATED AT 833 6TH STREET,
MIAMI BEACH, FLORIDA, CONSISTING OF 3,262 SQUARE FEET, TO
PROVIDE WORKFORCE SERVIGES; SAID LEASE HAVING A TERMoF FtvE (5) YEARS, WTTHOUT ANy RENEWAL OPTIONS,
RETROACTIVELY COMMENCING OCTOBER 1 , 2014 AND ENDING
SEPTEMBER 30, 2019.
A RESOLUTION APPROVING AND AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AMENDMENT NO. 1 TO THE LEASE
BETWEEN THE CtTy (,,LANDLORD") AND MtAMt DADE COUNTY
("TENANT"), DATED JULY 26,2011, FOR THE PREMISES LOCATED
ON THE FIRST FLOOR AT 833 6TH STREET, MIAMI BEACH,
FLORIDA; SAID AMENDMENT RENEWING THE LEASE FOR THE
SOLE REMAINING RENEWAL TERM OF FIVE (5) YEARS,
RETROACTIVELY COMMENCING OCTOBER 1, 2014 AND ENDING
SEPTEMBER 30, 2019;ADDINGPERFORMANCE BENCHMARKS TO
THE TENANT,S REQUIREMENTS UNDER THE LEASE; INGREASING
THE ADDITIONAL RENT FROM $7.68 PER SQUARE FOOT TO $8.81
PER SQUARE FOOT, $9.94 PER SQUARE FOOT AND $11.07 PER
SQUARE FOOT FORYEARS 1,2 AND 3 OF THE RENEWAL PERIOD,
RESPECTIVELY; AND REDUCING THE SIZE OF THE DEMISED
PREMISES FROM 2,076 SQUARE FEET TO 691 SQUARE FEET.
A RESOLUTION APPROVING AND AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AMENDMENT NO. 1 TO THE LEASE
BETWEEN THE C|TY (,,LANDLORD") AND JEWTSH COMMUNITY
SERVICES OF SOUTH FLORIDA, lNC. (,,TENANT"), DATED
SEPTEMBER 9, 2009, FOR THE PREMISES LOCATED ON THE FIRST
FLOOR AT 833 6TH STREET, MIAMI BEACH, FLORTDA; SAID
AMENDMENT RENEWING THE LEASE FOR THE SENTOR MEALS
PROGRAM FOR THE SOLE REMAINING RENEWAL TERM OF FIVE
(5) YEARS, RETROACTTVELY COMMENCTNG OGTOBER 1, 2014 AND
ENDING SEPTEMBER 30, 2019; ADDINGPERFORMANCE
of the Cit
57
Commission Memorandum
South Shore Community Center - Lease Agreements
October 29, 2014
Page 2 of 7
BENCHMARKS TO THE TENANT'S REQUIREMENTS UNDER THE
LEASE; INCREASING THE ADDITIONAL RENT FROM $7.68 PER
SQUARE FOOT TO $8.81 PER SQUARE FOOT, $9.94 PER SQUARE
FOOT AND $11.07 PER SQUARE FOOT FOR YEARS f , 2 AND 3 OF
THE RENEWAL PERIOD, RESPECTIVELY;AND INCREASING THE
SIZE OF THE DEMISED PREMISES FROM 289 SQUARE FEET TO 485
SQUARE FEET.
A RESOLUTION APPROVING AND AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AMENDMENT NO. 1 TO THE LEASE
BETWEEN THE ClTy ("LANDLORD") AND JEWTSH COMMUNITY
SERVICES OF SOUTH FLOR!DA, tNC. (,,TENANT"), DATED
SEPTEMBER 9, 2009, FOR THE PREMISES LOCATED ON THE FIRST
FLOOR AT 833 6TH STREET, MIAMI BEACH, FLORIDA; SAID
AMENDMENT RENEWING THE LEASE FOR THE SENIOR RIDE
PROGRAM FOR THE SOLE REMAINING RENEWAL TERM OF FIVE
(5) YEARS, RETROACTTVELY COMMENCING OCTOBER 1, 2014 AND
ENDING SEPTEMBER 30, 2019; ADDINGPERFORMANCE
BENCHMARKS TO THE TENANT'S REQUIREMENTS UNDER THE
LEASE; AND INCREASING THE ADDITIONAL RENT FROM $7.68 PER
SQUARE FOOT TO $8.81 PER SQUARE FOOT, $9.94 PER SQUARE
FOOT AND $11.07 PER SQUARE FOOT FOR YEARS 1,2 AND 3 OF
THE RENEWAL PERIOD, RESPECTIVELY.
A RESOLUTION APPROVING AND AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AMENDMENT NO. 1 TO THE
coNcESStoN AGREEMENT BETWEEN THE CtTy (,,LANDLORD")
AND JEWISH COMMUNITY SERVICES OF SOUTH FLORIDA, INC.
("coNcEsstoNAlRE'), DATED JULY 15, 2009, FOR THE PREMISES
LOCATED ON THE FIRST FLOOR AT 833 6TH STREET, MIAMT
BEACH, FLORIDA; SAID AMENDMENT RENEWING THE
CONCESSION AGREEMENT FOR THE SOLE REMAINING RENEWAL
TERM OF FIVE (5) YEARS, RETROACTTVELY COMMENCING
OCTOBER 1, 2014 AND ENDING SEPTEMBER 30, 2019;
ADDINGPERFORMANCE BENCHMARKS TO THE TENANT'S
REQU!REMENTS UNDER THE CONCESSION AGREEMENT;
ANDINCREASING THE ADDITIONAL RENT FROM $1.92 PER
SQUARE FOOT TO $2.20 PER SQUARE FOOT, $2.49 PER SQUARE
FOOT AND $2.77 PER SQUARE FOOT FOR YEARS 1, 2 AND 3 OF
THE RENEWAL PERIOD, RESPECTIVELY.
A RESOLUTION APPROVING AND AUTHORIZTNG THE MAYOR AND
CITY CLERK TO EXECUTE AMENDMENT NO. 1 TO THE LEASE
BETWEEN THE CITY ("LANDLORD") AND LITTLE HAVANA
ACTIVITIES AND NUTRITION CENTERS OF DADE COUNTY, INC.
("TENANT"), DATED SEPTEMBER 9, 2009, FOR THE PREMISES
LOCATED ON THE FIRST FLOOR AT 833 6TH STREET, MIAM!
BEACH, FLORIDA; SAID AMENDMENT RENEWING THE LEASE FOR
THE SOLE REMAINING RENEWAL TERM OF FIVE (5) YEARS,
RETROACTIVELY COMMENCING OCTOBER 1, 2014 AND ENDING
SEPTEMBER 30, 2OI9;ADDINGPERFORMANCE BENCHMARKS TO
THE TENANT,S REQUIREMENTS UNDER THE LEASE; INCREASING
58
Commission Memorandum
Soufh Shore Community Center - Lease Agreements
October 29, 201 4
Page 3 of 7
THE ADDITIONAL RENT FROM $7.68 PER SQUARE FOOT TO $8.81
PER SQUARE FOOT, $9.94 PER SQUARE FOOT AND $11.07 PER
SQUARE FOOT FOR YEARS 1, 2 AND 3 OF THE RENEWAL PERIOD,
RESPECTIVELY; AND INCORPORATING THE OUTSIDE
PLAYGROUND AS PART OF THE DEMISED PREMISES.
A RESOLUTION APPROVING AND AUTHORIZING THE MAYOR AND
CITY GLERK TO EXECUTE AMENDMENT NO. 1 TO THE LEASE
BETWEEN THE CITY ("LANDLORD") AND UNIDAD OF MtAMt
BEACH, !NC. ("TENANT"), DATED SEPTEMBER g, 2009, FOR THE
PREMISES LOCATED ON THE FIRST AND SECOND FLOORS AT 833
6TH STREET, MIAMI BEACH, FLORIDA; SAID AMENDMENT
RENEWING THE LEASE FOR THE SOLE REMAINING RENEWAL
TERM OF F|VE (5) YEARS, RETROACTTVELY COMMENCTNG
OCTOBER 1, 2014 AND ENDING SEPTEMBER 30,
2OI9;ADDINGPERFORMANGE BENGHMARKS TO THE TENANT'S
REQUIREMENTS UNDER THE LEASE; !NCREASING THE
ADDITIONAL RENT FROM $7.68 PER SQUARE FOOT TO $8.81 PER
SQUARE FOOT, $9.94 PER SQUARE FOOT AND $11.07 PER
SQUARE FOOT FOR YEARS 1, 2 AND 3 OF THE RENEWAL PERIOD,
RESPECTIVELY; RELOCATING TENANT FROM A PORTION OF ITS
CURRENT LOCATION ON THE SECOND FLOOR TO A PORTION OF
THE SPACE CURRENTLY OCCUPIED BY MIAMI DADE COUNTY ON
THE FIRST FLOOR; DECREASING THE TOTAL SIZE OF THE
DEMISED PREMISES FROM 4,155 SQUARE FEET TO 2,082 SQUARE
FEET; AND MODIFYING THE PERMITTED USE OF THE DEMISED
PREMISES TO INCLUDE ADDITIONAL SERVICES.
ADMINISTRATION RECOMMENDATION
Adopt the Resolutions.
BACKGROUND
The South Shore Community Center (the "Cente/') is located at 833 6th Street and is owned by
the City of Miami Beach (the "City"). The Center provides space to various not-for-profit,
community service organizations that provide assistance to the Miami Beach community.
The City completed renovations to the Center in 2008 and executed new agreements with all
the tenants who occupied the Center prior to said renovations. All the agreements are for an
initial term of four years (4) years and three hundred sixty four (364) days, commencing on
October 2, 2009 and ending on September 30, 2014 (the "Term"). Furthermore, all the
agreements contain provisions for one (1) additional five (5) year renewal, subject to certain
terms and conditions.
The Center is currently 100% occupied by the following four (4) tenants:
1. Miami Dade Countv Communitv Action Aqencv ("CAA") has a lease for the use of 2,076
square feet of office space to operate the "South Beach Community Enrichment Cente/'
which empowers economically disadvantaged individuals, families and communities to
achieve self-sufficiency through resource mobilization, service delivery, education and
advocacy.
59
Commission Memorandum
Sou/h Shore Community Center - Lease Agreements
October 29, 2014
Page 4 of 7
2. Jewish Communitv Services of South Florida. lnc. ("JCS") has two (2) lease agreements
and a concession agreement. The first lease agreement is for use of 289 square feet of
storage space required by JCS to operate its "senior meals program". This program
provides recreational activities and a mid-day meal to residents that are 60 years and
older.
The concession agreement is for use of the 2,792 square foot Auditorium space required
by JCS to conduct its recreational activities and serye the aforementioned mid-day meal.
A concession agreement was determined to be the appropriate mechanism by which to
guarantee JCS part{ime use of the space on weekdays from 8:00 AM to 2:00 PM and
still allow the space to be available for use by the City and/or general public during the
afternoon, evening and weekend hours. The Miami Beach Parks and Recreation
Department coordinates the use and/or rental of the Auditorium pursuant to its rules and
regulations for rental of City-owned facilities.
The second lease agreement is for use of 445 square feet of office space required by
JCS to operate its "senior ride program". This program provides door-to-door bus
transportation services to residents that are 60 years and older.
3. Little Havana Activities and Nutrition Centers of Dade Countv. lnc. ("LHANC") has a
lease agreement and a letter agreement. The lease agreement is for use of 2,919
square feet of space required by LHANC to operate its "Rainbow lntergeneration
Childcare Cented'. This program provides childcare service to approximately 60 children.
The letter agreement is for use of the adjacent exterior 7,002 square foot playground
space required by LHANC to provide the children an outdoor recreation play area. A
letter agreement was determined to be the appropriate mechanism by which to
guarantee LHANC sole use of the space thus providing the children with a safe and
secure environment. The playground space is not "under-roof' and therefore, not
included as part of the buildings leasable square footage.
4. UNIDAD of Miami Beach. lnc. ("UN|DAD") has a lease for the use of 3,826 square feet
of^office space on the 2nd floor and an additional 329 square feet of storage space on the
1't floor. UNIDAD provides counseling, education, and employment traiiing'services to
the City's community.
ANALYSIS . RENT
It is important to emphasize that all of the existing tenants at the Center are not-for-profit,
community service organizations that provide assistance to the Miami Beach community. As
such, the City only charges $1.20 annually for Base Rent. Furthermore, as Additional Rent, the
City only charges specific operating expenses incurred by the City to operate the Center. These
operating expenses are limited to electrical service, water service, sewer service, stormwater
costs and janitorial service to the common areas and inside the tenant's spaces, but do not
include insurance and general maintenance. A summary of the agreements and rental rates is
attached hereto as Exhibit A (Agreement Summary).
As contained in the agreements, "...within ninety (90) days prior to the expiration of the Term,
the City Manager may elect to re-negotiate a reasonable increase in the Rent, and shail provide
Tenant with written notice of such election. lf, following good-faith negotiations between the City
and Tenant, the parties are unable to agree, then the City Manager may further elect to not
60
Commission Memorandum
Soufh Shore Community Center - Lease Agreements
October 29, 2014
Page 5 of 7
renew the Agreement, in which case the Agreement will terminate and the City shall have no
fufther liability or obligation to Tenant;'
Furthermore, the agreements may be terminated by either party, without cause and for
convenience at any time during the Term (including any renewal term), upon furnishing thirty
(30) days written notice to the other party.
Since all of the agreements are at below market rental rates, the Administration requested
direction from the Finance and Citywide Projects Committee (FCPC) at its May 20, 2014
meeting, regarding: 1) should the City charge the tenants market Base Rent, and 2) should the
City charge the tenants, as Additional Rent, the total operating expenses, or continue to charge
only a portion of the total operating expenses.
The FCPC considered this matter and recommended: 1) not to increase the Base Rent, and 2)
increase the Additional Rent in accordance with the total cost of the 2013 operating expenses,
except not to pass through the cost of insurance to the tenants. Accordingly, the FCPC
recommended the Base Rent shall remain at $1.20 annually and the Additional Rent shall be
increased to $11.06 per square foot. A line item detail of the recommended Additional Rent is
attached hereto as Exhibit B (2013 Fiscal Year Operating Expenses (Total without lnsurance).
ln accordance with the agreements, the City provided timely notice, to all the tenants, of the
City's intention to increase the Additional Rent to $11.06 per square foot. Subsequently, the
City received a letter dated June 12, 2014 from LHANC, and an e-mail dated July 2,2014 from
JCS. Both letters requested that the City not increase the Additional Rent due to financial
constraints of the tenants.
Subsequently, the FCPC considered this matter at its September 24, 2014 meeting and
recommended: 1) to increase the Additional Rent, to $1 1.06 per square foot, over a period of
three (3) years. Accordingly, for the first three (3) years of the renewal term, the Additional Rent
shall be increased to $8.81 per square foot in year 1, $9.94 per square foot in year 2 and $11.07
per square foot in year 3. The FCPC also recommended including performance benchmarks as
a condition of the lease renewal.
ANALYSIS - SOUTH FLORIDA WORKFORCE INVESTMENT BOARD
South Florida Workforce lnvestment Board dlbla CareerSource South Florida ("CareerSource")
has been providing services at the Center since 2002 through a grant agreement with UNIDAD.
South Florida Workforce awards grant funds for these services periodically and, during the most
recent grant review has awarded funding to KRA Corporation ("KRA') for the workforce
services. KRA has been contracted to provide workforce services, including training and
employment, to the residents of the Miami Beach community. As a result, CareerSource
requested to lease a portion of the space currently occupied by UNIDAD in order to continue to
provide workforce services from the Center. The space is located on the 2nd Floor of the Center
and contains 3,262 square feet.
The FCPC considered this matter at its September 24, 2014 meeting and recommended
approving a new lease with CareerSource, subject to paying, as Additional Rent, the total cost
of the 2013 operating expenses, including insurance and maintenance, in the amount of $15.86
per square foot. A line item detail of the recommended Additional Rent is attached hereto as
Exhibit C (2013 Fiscal Year Operating Expenses (Total). Additionally, the Lease Agreement, in
substantial form, is attached hereto as Exhibit D (CareerSource - Lease Agreement), and is
subject to Legal and Regulatory approvals as well as final approval by the Tenant.
61
Commission Memorandum
Soufh Shore Community Center - Lease Agreements
October 29, 2014
Page 6 of 7
ANALYSIS - LEASE MODIFICATIONS
Due to the proposed new lease agreement with Careersource, and due to the changing space
requirements of existing tenants, CAA, JCS and UNIDAD propose modifying the locations of the
spaces they occupy and adjusting their respective sizes.
Specifically, CAA will be downsizing from its current 2,076 square feet to 691 square feet; JCS
will be occupying an additional 196 square feet of storage space; and UNIDAD will be relocating
most of its 3,826 square feet of space it currently occupies on the 2nd Floor to a portion of the
space on the 1't Floor which CAA is relinquishing, consisting of 1 ,518 square feet. A summary
of the aforementioned expansion, relocations and downsizes is attached hereto as Exhibit E
(Renewal Summary).
Additionally, the Amendments, in substantial form, are attached hereto as Exhibit F (Miami
Dade County - Lease Amendment), Exhibit G (JCS Senior Meals - Lease Amendment), Exhibit
H (JCS Senior Ride - Lease Amendment), Exhibit I (JCS Senior Meals - Concession
Amendment), Exhibit J (LHANC - Lease Amendment) and Exhibit K (UNIDAD - Lease
Amendment). Said Amendments are subject to Legal and Regulatory approvals as well as final
approval by the Tenants.
FINANCE AND CITYWIDE PROJECTS COMMITTEE
At the October 10,2014 FCPC meeting the Administration presented the terms and conditions
set forth above. The FCPC considered this matter and recommended approving a new Lease
Agreement with CareerSource; and further recommended approving the Lease Amendments
with CAA, JCS, LHANC and UNIDAD, with benchmarks established for each lease at the South
Shore Community Center.
The Committee further instructed the Administration to review the allocation of space currently
being rented at the Center in an effort to optimize the facilities' utilization. The Committee
additionally requested Center tenants provide a description of the clients being served through
their operations, with a breakdown of city residents being served versus non-city residents.
The Administration worked with the existing tenants to accommodate each tenants space needs
while also optimizing the utilization of space. The facility itself also has some physical
limitations, as a portion of the space is large open area without natural subdivisions and several
tenants are cohabitating in shared space. Otherwise, the City would have to expend additional
resources to further subdivide the space. Considering that all facility tenants pay $1.20 annually
as Base Rent, this is not an alternative the Administration recommends. Furthermore, the
recommended distribution of space does accommodate each tenants needs while still allowing
the tenants to service the needs of their clients.
CONCLUSION
The Administration recommends in favor of accepting the recommendation of the FCPC.
62
Commission Memorandum
South Shore Community Center - Lease Agreements
October 29, 2014
Page 7 of 7
Exhibits:A Agreement SummaryB 2013 FiscalYear Operating Expenses (Totalwithout lnsurance)C 2013 Fiscal Year Operating Expenses (Total)D CareerSource - Lease AgreementE Renewal SummaryF Miami Dade County - Lease AmendmentG JCS Senior Meals - Lease AmendmentH JCS Senior Ride - Lease AmendmentI JCS Senior Meals - Concession AmendmentJ LHANC - Lease AmendmentK UNIDAD - Lease Amendment
ttr,tvrcar@r{uwtr
T:\AGENDA\2014\October\South Shore Community Center\South Shore MEMO (10-29-14).docx
63
Exhibit A
Agreement Summary
Note: JCS of South Florida, lnc. pays 25o/o of CAM charges ($1.92 of $7.68) because they only use the
auditorium part-time and the City retains access and use as needed.
Rent
Tenant Suite >q. I Agreement Expiration Renewal Base oEx Total
i,IDC Community Action Agency lst Floor
Office
2,076 Lease os/30/74 1.) tor 5 years
Annualll
PSt
5 1.20
5 o.oo
s 15,935.28
S 7.68
s 1s,936.48
S 7.68
CS of South Florida, lnc, - Meals 1st Floor
Storage
289 Lease 0e/30114 1) for 5 years
Annualll
P5t
5 1.20
S o.oo
5 2,2L8.32
S 7.68
5 2,219.s2
S 7.6E
CS of South Florida, lnc. - Meals lst Floor 2,792 Concession 09/30/7a 1) for 5 years
Annualll
P5t
s 1.20
S o.oo
S s,3s7.88
S 1.92
S s,3s9.08
S 1.92
CS of South Florida, lnc. - Ride 1st Floor
Office
MS Lease 09/30/74 1) for 5 vears
Annuallt
PSt
S r.zos o.oo
s 3,41s.80
s 7.68
s 3,417.00
S 7.68
.HANC of Dade County, lnc.1st Floor
Daycare
2,979 Lease 09/30/74 1) for 5 years
Annualll
PSt
s 1.20
S o.oo
s 22,406.16
S 7.68
s
s
22,407.36
7.6a
.HANC of Oade County, lnc.1st Floor
Playground
7,OO2 Letter 09/30/14 1) for 5 years
Annualll
PST
S o.oo
s o.oo
s o.ooS o.oo
s o.oos o.oo
JNIDAD of Miami Beach, lnc.Lst Floor
2nd Floor
52y
3,826
Lease 09llolt4 1) for 5 years
Annualll
PSI
s
s
7.20
0.00
S 31,893.72
S 7.68
5 31,894.92
s 7.58
64
Exhibit B
2013 Fiscal Year Operating Expenses (Total without lnsurance)
South Shore Community Center
833 6th Street
2013 Fisca! Year Operating Expenses (Total without lnsurance)
Total
Cost
Per Leasable
Square Foot
Cost
Utilities Electricity
Water
Sewer
Stormwater (estimate)
Subtotal
49,263
3,454
2,957
2,500
5 sg,ltz
3.89
0.27
0.23
0.20
4.59
Janitorial
Elevator
Cooling Tower Treatment
Fire Services
Pest Control
Repairs & Maintenance
Subtotal
33,189
L,428
L,644
362
642
44,69L
2.62
0.11
0.13
0.03
0.0s
3.53
6.478L,962
lnsurance Property lnsurance
Hurricane Exposure
Subtotal
Iotal Annual Operating Expenses s 140,135 s
Building Footage Distribution
lst Floor
9,950
4,198
2nd FIoor
3,826
990
4,816
T,
Leasable Area 72,676
5,199
t7,864
mon Area
otal 13,048
65
Exhibit
2013 Fiscal year Operating
G
Expenses (Total)
South Shore Community Center
833 6th Street
2013 FiscalYear Operating Expenses (Total)
Total
Cost
Per Leasable
Square Foot
Cost
Utilities Electricity
Water
Sewer
Stormwater (estimate)
Subtotal
49,263
3,454
2,957
2.500
3.89
0.27
0.23
0.20
4.5958,172
Maintenance Janitorial
Elevator
Cooling Tower Treatment
Fire Services
Pest Control
Repairs & Maintenance
Subtotal
33,189
1,,428
L,644
362
642
44,69L
2.62
0.11
0.13
0.03
0.05
3.s3
6.478t,962
lnsurance Property lnsurance
Hurricane Exposure
Subtotal
27,765
39,787
S so,gst
L.67
3.14
4.81s
lotal Annual Operating Expenses S 201,086 5 1s.8G
Distribution
lst Floor 2nd Floor
3,826
990
4,8L6
Total
Leasable Area 8,850
4,799
13,048
12,676
5,188
L7,864
mon Area
otal
66
Exhibit D
CareerSource - Lease Agreement
67
between the CITY OF MIAMI BEACH, a Florida municipal corporation (hereinafter referred
to as "City" or "Landlord"), and SOUTH FLORIDA WORKFORCE TNVESTMENT BOARD
dlbla CAREERSOURCE SOUTH FLORIDA, a Florida not-for-profit corporation (hereinafter
referred to as "Tenant").
1. Demised Premises.
The City, in consideration of the rentals hereinafter reserved to be paid and of the
covenants, conditions and agreements to be kept and performed by the Tenant,
hereby leases, lets and demises to the Tenant, and Tenant hereby leases and hires
from the City, those certain premises hereinafter referred to as the "Demised
Premises" and more fully described as follows:
Approximately three thousand two hundred sixty two (3,262) square
feet of leasable office space on the 2no floor of the South Shore
Community Center (a.k.a. the 6th Street Community Center or the
"Building"), located at 833 Sixth Street, Miami Beach, Florida, 33139,
and as more specifically delineated in "Exhibit 1", attached hereto and
incorporated herein.
2. Term.
2.1 Tenant shall be entitled to have and to hold the Demised Premises for a term
of five (5) years, commencing retroactively on the 1't day of October,2014
(the "Commencement Date"), and ending on the 30th day of September,
2019. For purposes of this Lease Agreement, a "contract year" shall be
defined as that certain period commencing on the 1"t day of October, and
ending on the 30th day of September.
2.2 NOTWITHSTANDING SUBSECTION 2.1 HEREIN, THIS AGREEMENT
MAY BE TERMINATED BY EITHER PARTY, WITHOUT CAUSE AND FOR
GoNVENIENCE AT ANY TIME DURTNG THE TERM (INCLUDING ANy
RENEWAL TERM), UPON FURNISHING THIRTY (30) DAYS WRITTEN
NOTICE TO THE OTHER PARTY.
3. Rent.
3.1 Base Rent:
Base Rent for the Demised Premises shall begin to accrue on the
Commencement Date.
LEASE AGREEMENT
THIS LEASE AGREEMENT, made this _ day of ,2014, by and
3.1.1 Throughout the Term herein, the Base Rent for the Demised
Premises shall be One Dollar and Twenty Cents ($1 .ZO1 per year,
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3.2
payable by Tenant monthly, commencing on the Commencement
Date and, thereafter, on each first day of subsequent months.
3.1.2 Concurrent with the payment of the Base Rent, Tenant shall also
include any and all additional sums for all applicable sales and use
tax, now or hereafter prescribed by Federal, State or local law.
Additional Rent:
!n addition to the Base Rent, as set forth in Section 3.1, Tenant shall also
pay the following Additional Rent as provided below:
3.2.1 Operatino Expenses:
Tenant shall pay Four Thousand Three Hundred Eleven Dollars
and 281100 ($+,gt 1 .28) per month, for its proportionate share of
"Operating Expenses" which are defined as follows:
"Operating Expenses" shall mean the following costs and
expenses incurred in operating, repairing, and maintaining the
Common Facilities (as hereinafter defined) and shall include
electrical service, water service, sewer service, stormwater costs
and janitorial service to the Building (including the Demised
Premises).
"Common Facilities" shall mean all Building areas, spaces,
equipment, as well as certain services, available for use by or for
the benefit of Tenant and/or its employees, agents, servants,
volunteers, customers, guests and/or invitees.
lrrespective of the items listed above, amounts due by Tenant,
associated with Common Facilities Operating Expenses, will be
determined based on Tenant's pro-rata share of the items more
specifically described in "Exhibit3.2.1", which is hereby made a
part of this Lease Agreement. Pro-rata share shall mean the
percent which the Demised Premises bears to the total square
footage of leasable space within the Building, which share is
hereby agreed to be 25.734o/o. Tenant agrees and understands
that the costs incurred for Operating Expenses may increase or
decrease and, as such, Tenant's pro-rata share of Operating
Expenses shall increase or decrease accordingly.
3.2.2 Prooertv Taxes:
The Property Tax Payment shall be payable by Tenant, in
accordance with Section 11 herein.
3.2.3 lnsurance:
I ntentionally Omitted.
Sales Taxes:
Concurrent with the payment of the Base Rent and Additional Rent as
3.3
69
3.4
provide herein, Tenant shall also pay any and all sums for all applicable
tax(es), including without limitation, sales and use taxes and Property Taxes,
imposed, levied or assessed against the Demised Premises, or any other
charge or payment required by any governmental authority having jurisdiction
there over, even though the taxing statute or ordinance may purport to
impose such tax against the City.
Enforcement.
Tenant agrees to pay the Base Rent, Additional Rent, and any other
amounts as may be due and payable by Tenant underthis Agreement, at the
time and in the manner provided herein, and should said rents and/or other
additional amounts due herein provided, at any time remain due and unpaid
for a period of fifteen (15) days after the same shall become due, the City
may exercise any or all options available to it hereunder, which options may
be exercised concurrently or separately, or the City may pursue any other
remedies enforced by law.
Location for Pavments.
All rents or other payments due hereunder shall be paid to the City at the following
address:
City of Miami Beach
Revenue Manager
1700 Convention Center Drive, 3'd Floor
Miami Beach, Florida 33139
or at such other address as the City may, from time to time, designate in writing.
Parkinq.
I ntentionally Omitted.
Securitv Deposit.
I ntentionally Omitted.
Use and Possession of Demised Premises.
The Demised Premises shallbe used bythe Tenantsolelyforthe purpose(s)
of providing workforce services. Said Premises shall be open foroperation a
minimum of five (5) days a week, with minimum hours of operation being as
follows:
Monday - Friday:8:00 AM to 5:00 PM
Nothing herein contained shall be construed to authorize hours contrary to
the laws governing such operations.
It is understood and agreed that the Demised Premises shall be used by the
Tenant during the Term of this Agreement only for the above
purpose(s)/use(s), and for no other purpose(s) and/or use(s) whatsoever.
4.
5.
6.
7.
7.1
7.2
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7.4
7.3
Tenant will not make or permit any use of the Demised Premises that,
directly or indirectly, is forbidden by law, ordinance orgovernment regulation,
or that may be dangerous to life, limb or property. Tenant may not commit
(nor permit) waste on the Demised Premises; nor permit the use of the
Demised Premises for any illegal purposes; nor commit a nuisance on the
Demised Premises. ln the event that the Tenant uses the Demised Premises
(or otheruvise allows the Demised Premises to be used) for any purpose(s)
not expressly permitted herein, or permits and/orallows any prohibited use(s)
as provided herein, then the City may declare this Agreement in default
pursuant to Section 18 or, without notice to Tenant, restrain such improper
use by injunction or other legal action.
Tenant shallalso maintain its not-for-profit status in fullforce and effect, and
in good standing, throughout the Term herein.
Tenant shall be required to meet certain performance benchmarks more
specifically described as follows:
Job Placements: 1,200 annually (at least 900 shall be Miami Beach
residents)
Employers Served: 250 annually (at least shall 65 shall conduct
business in Miami Beach)
Improvements.
Tenant accepts the Demised Premises in their present "AS lS" condition
and may construct or cause to be constructed, such interior and exterior
improvements and maintenance to the Demised Premises, as reasonably
necessary for it to catry on its permitted use(s), as set forth in Section 7;
provided, however, that any plans for such improvements shall be first
submitted to the City Manager for his prior written consent, which consent, if
granted at all, shall be at the City Manager's sole and absolute discretion.
Additionally, any and all approved improvements shall be made at Tenant's
sole expense and responsibility. All permanent (fixed) improvements to the
Demised Premises shall remain the property of the City upon termination
and/or expiration of this Agreement. Upon termination and/or expiration of
this Agreement, all personal property and non-permanent trade fixtures may
be removed by the Tenant from the Demised Premises, provided that they
can be (and are) removed without damage to the Demised Premises. Tenant
will permit no liens to attach to the Demised Premises arising from,
connected with, or related to the design and construction of any
improvements. Moreover, such construction shall be accomplished through
the use of licensed, reputable contractors who are acceptable to the City.
Any and all permits and or licenses required for the installation of
improvements shall be the sole cost and responsibility of Tenant.
Notwithstanding Subsection 8.1, upon termination and/or expiration of this
Agreement, and at City's sole option and discretion, any or all alterations or
8.
8.1
8.2
71
additions made by Tenant to or in the Demised Premises shall, upon written
demand by the City Manager, be promptly removed by Tenant, at its
expense and responsibility, and Tenant further hereby agrees, in such event,
to restore the Demised Premises to their original condition prior to the
Commencement Date of this Agreement.
8.3 The above requirements for submission of plans and the use of specific
contractors shall not apply to improvements (which term, for purposes of this
Subsection 8.3 only, shall also include improvements as necessary for
Tenant's maintenance and repair of the Demised Premises) which do not
exceed Five Hundred ($500.00) Dollars, provided that the work is not
structural, and provided that it is permitted by applicable law.
9. Citv's Riqht of Entrv.
9.1 The City Manager, and/or his authorized representatives, shall have the right
to enter upon the Demised Premises at all reasonable times for the purpose
of inspecting same; preventing waste; making such repairs as the City may
consider necessary; and for the purpose of preventing fire, theft or
vandalism. The City agrees that, whenever reasonably possible, it shall use
reasonable efforts to provide notice (whether written or verbal), unless the
need to enter the Demised Premises is an emergency, as deemed by the
City Manager, in his sole discretion, which if not immediately addressed
could cause propefi damage, loss of life or limb, or other injury to persons.
Nothing herein shall imply any duty on the part of the City to do any work that
under any provisions of this Agreement the Tenant may be required to
perform, and the performance thereof by the City shall not constitute a
waiver of the Tenant's default.
9.2 lf the Tenant shall not be personally present to open and permit entry into
the Demised Premises at any time, for any reason, and any entry thereon
shall be necessary or permissible, the City Manager, and/or his authorized
representatives, may enter the Demised Premises by master key, or may
forcibly enter the Demised Premises without rendering the City or such
agents liable therefore.
9.3 Tenant shallfurnish the City with duplicate keys to all locks including exterior
and interior doors prior to (but no later than by) the Commencement Date of
this Agreement. Tenant shall not change the locks to the Demised Premises
without the prior written consent of the City Manager, and in the event such
consent is given, Tenant shall furnish the City with duplicate keys to said
locks in advance of their installation.
10. Tenant's lnsurance.
10.1 Tenant shall, at its sole cost and expense, comply with all insurance
requirements of the City. lt is agreed by the parties that Tenant shall not
occupy the Demised Premises until proof of the following insurance
coverages have been reviewed and approved by the City's Risk Manager:
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10.2
10.1.1 Comprehensive General Liability, in the minimum amount of One
Million ($1 ,000,000) Dollars (subject to adjustment for inflation) per
occurrence for bodily injury and property damage. The City of
Miami Beach must be named as an additional insured on this
policy.
10.1.2 Workers Compensation and Employers Liability coverage in
accordance with Florida statutory requirements.
10.1.3 All-Risk property and casualty insurance, written at a minimum of
eighty (80%) percent of replacement cost value and with
replacement cost endorsement, covering all leasehold
improvements installed in the Demised Premises by or on behalf
of Tenant and including without limitation all of Tenant's personal
property in the Demised Premises (including, without limitation,
inventory, trade fixtures, floor coverings, furniture, and other
property removable by Tenant under the provisions of this
Agreement).
Proof of these coverages must be provided by submitting original certificates
of insurance to the City's Risk Manager and Asset Manager respectively. All
policies must provide thirty (30) days written notice of cancellation to both the
City's Risk Manager and Asset Manager (to be submitted to the addresses
set forth in Section 27 hereof). All insurance policies shall be issued by
companies authorized to do business under the laws of the State of Florida
and must have a rating of B+:VI or better per A.M. Best's Key Rating Guide,
latest edition, and certificates are subject to the approval of the City's Risk
Manager.
Propertv Taxes and Assessments.
For the purposes of this Section and other provisions of this Agreement:
The term "Property Taxes" shall mean (i) real estate taxes, assessments,
and special assessments of any kind which may be imposed upon the
Demised Premises and/or the tax lot and/or property/Building which may
include the Demised Premises (hereinafter referred to as the "tax lot"), and
(ii) any expenses incurred by the City in obtaining a reduction of any such
taxes or assessments.
The term "Property Tax Year" shall mean the period of twelve (12) calendar
months, beginning on January lttof each year.
Tenant shall pay, as Additional Rent pursuant to Section 3.2, for such
Property Tax Year an amount ("Property Tax Payment") equal to Tenant's
pro-rata share of Property Taxes (if any) for such Property Tax Year; said
pro-rata share to be determined by the City based upon the ratio of the
Demised Premises to the tax lot. lf a Property Tax Year ends after the
11.
11.1
11.2
11.3
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12.
13.
13.1
13.2
13.3
expiration or termination of the term of this Agreement, the Property Tax
Payment therefore shall be prorated to correspond to that portion of such
Property Tax Year occurring within the term of this Agreement. The Property
Tax Payment shall be payable by Tenant immediately upon receipt of notice
from the City. A copy of the tax bill(s) or other evidence of such taxes issued
by the taxing authorities, together with the City's computation of the Property
Tax Payment, will be made available to Tenant once received from the taxing
authorities, if requested by Tenant. Tenant shall pay any difference in the
amount between the estimated property taxes and the actual property taxes
to the City immediately, upon receipt of request for said payment from the
City.
Assiqnment and Sublettinq.
I ntentionally Om itted.
Operation. Maintenance and Repair.
Tenant shall be solely responsible forthe operation, maintenance and repair
of the Demised Premises. Tenant shall, at its sole expense and
responsibility, maintain the Demised Premises, and all fixtures and
appurtenances therein, and shall make all repairs thereto, as and when
needed, to preserve them in good working order and condition. Tenant shall
be responsible for all interior walls and the interior and exterior of all windows
and doors, as well as immediate replacement of any and all plate glass or
other glass in the Demised Premises which may become broken, using glass
of the same or better quality.
The City shall be responsible for the maintenance of the HVAC system, roof,
structural exterior of the Building, the structural electrical and plumbing (other
than plumbing surrounding any sink(s) and/or toilet(s), including such sink(s)
and toilet(s) fixtures, within the Demised Premises), and the common areas.
The City shall maintain and/or repair those items that it is responsible for, so
as to keep same in proper working condition.
All damage or injury of any kind to the Demised Premises, and including
without limitation its fixtures, glass, appurtenances, and equipment (if any),
or to the building fixtures, glass, appurtenances, and equipment, if any,
except damage caused by the gross negligence and/or willful misconduct of
the City, shall be the sole obligation of Tenant, and shall be repaired,
restored or replaced promptly by Tenant, at its sole cost and expense, to the
satisfaction of the City.
Allof the aforesaid repairs, restorations and replacements shall be in quality
and class equal to or better than the original work or installations and shall
be done in good and workmanlike manner.
!f Tenant fails to make such repairs or restorations or replacements, the
same may be made by the City, at the expense of Tenant, and all sums
spent and expenses incurred by the City shall be collectable by the City and
13.4
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13.5
13.6
13.7
shall be paid by Tenant within three (3) days after submittal of a bill or
statement therefore.
It shall be Tenant's sole obligation and responsibility to insure that any
renovations, repairs and/or improvements made by Tenant to the Demised
Premises comply with all applicable building codes and life safety codes of
governmental authorities having jurisdiction.
Tenant Responsibilities for Utilities (not included within Operatinq Expenses).
Tenant is solely responsible for, and shall promptly pay when due, all
charges and impact fees for any and all utilities for the Demised Premises
NOT included as an Operating Expense (pursuant to Subsection 3.2.1).
ln addition to other rights and remedies hereinafter reserved to the City, upon
the failure of Tenant to pay for such utility services (as contemplated in this
Subsection 13.6) when due, the city may elect, at its sole discretion, to pay
same, whereby Tenant agrees to promptly reimburse the City upon demand.
ln no event, however, shall the City be liable, whether to Tenant or to third
parties, for an interruption or failure in the supply of any utilities or services to
the Demised Premises.
TENANT HEREBY ACKNOWLEDGES AND AGREES THAT THE
DEMISED PREMISES ARE BEING LEASED IN THEIR PRESENT "AS IS''
CONDITION.
14. GovernmentalRequlations.
Tenant covenants and agrees to fulfill and comply with all statutes, ordinances,
rules, orders, regulations, and requirements of any and all governmental bodies,
including but not limited to Federal, State, Miami-Dade County, and City
governments, and any and all of their departments and bureaus applicable to the
Demised Premises, and shall also comply with and fulfill all rules, orders, and
regulations for the prevention of fire, all at Tenant's own expense and responsibility.
Tenant shall pay all cost, expenses, claims, fines, penalties, and damages that may
be imposed because of the failure of the Tenant to comply with this Section, and
shall indemnify and hold harmless the City from all liability arising from each non-
compliance.
Liens.
Tenant will not permit any mechanics, laborers, or materialman's liens to stand
against the Demised Premises or improvements for any labor or materials to Tenant
or claimed to have been furnished to Tenant's agents, contractors, or sub-tenants,
in connection with work of any character performed or claimed to have performed
on said Premises, or improvements by or at the direction or sufferance of the
Tenant; provided however, Tenant shall have the right to contest the validity or
amount of any such lien or claimed lien. In the event of such contest, Tenant shall
give the City reasonable security as may be demanded by the City to insure
payment thereof and prevent sale, foreclosure, or forfeiture of the Premises or
15.
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16.
17.
improvements by reasons of such non-payment. Such security need not exceed one
and one half (1Y")times the amount of such lien or such claim of lien. Such security
shall be posted by Tenant within ten (10) days of written notice from the City, or
Tenant may "bond off' the lien according to statutory procedures. Tenant will
immediately pay any judgment rendered with all proper costs and charges and shall
have such lien released or judgment satisfied at Tenant's own expense.
I ntentionally Omitted.
Condemnation.
lf at any time during the Term of this Agreement (including any renewal term
hereunder) all or any part or portion of the Demised Premises is taken,
appropriated, or condemned by reason of Eminent Domain proceedings,
then this Agreement shall be terminated as of the date of such taking, and
shall thereafter be completely null and void, and neither of the parties hereto
shall thereafter have any rights against the other by reason of this
Agreement or anything contained therein, except that any rent prepaid
beyond the date of such taking shall be prorated to such date, and Tenant
shall pay any and all rents, additional rents, utility charges, and/or other costs
for which it is liable under the terms of this Agreement, up to the date of such
taking.
Except as hereunder provided, Tenant shall not be entitled to participate in
the proceeds of any award made to the City in any such Eminent Domain
proceeding, excepting, however, Tenant shall have the right to claim and
recover from the condemning authority, but not from the City, such
compensation as may be separately awarded or recoverable by Tenant in
Tenant's own right on account of any and all damage to Tenant's business
by reasons of the condemnation and for or on account of any cost or loss
which Tenant might incur in removing Tenant's furniture and fixtures.
Default.
Default bv Tenant:
At the City's option, any of the following shall constitute an Event of Default
under this Agreement:
18.1.1 The Base Rent, Additional Rent, or any other amounts as may be
due and payable by Tenant under this Agreement, or any
installment thereof, is not paid promptly when and where due
within fifteen (15) days of due date, and Tenant shall not have
cured such failure within thirty (30) days after receipt of written
notice from the City specifying such default;
18.1.2 The Demised Premises shall be deserted, abandoned, orvacated;
18.1 .3 The Tenant shall fail to comply with any material term, provision,
condition or covenant contained herein other than the payment of
17.1
17.2
18.
18.1
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18.1.4
rent and shall not cure such failure within thirty (30) days after the
receipt of written notice from the City specifying any such default;
or such longer period of time acceptable to the City, at its sole
discretion;
Receipt of notice of violation from any governmental authority
having jurisdiction dealing with a law, code, regulation, ordinance
or the like, which remains uncured for a period of thirty (30) days
from its issuance, or such longer period of time as may be
acceptable and approved in writing by the City Manager, at his
sole discretion;
18.1.5 Any petition is filed by or against Tenant under any section or
chapter of the Bankruptcy Act, as amended, which remains
pending for more than sixty (60) days, or any other proceedings
now or hereafter authorized by the laws of the United States or of
any state for the purpose of discharging or extending the time for
payment of debts;
18.1 .6 Tenant shall become insolvent;
18.1.7 Tenant shall make an assignment for benefit of creditors;
18.1.8 A receiver is appointed for Tenant by any court and shall not be
dissolved within thirty (30) days thereafter;
18.1 .9 The leasehold interest is levied on under execution; or
18.1 .10 Tenant fails to maintain its not-for-profit status in current and good
standing, as required pursuant to Subsection 7.3 herein.
19. Riqhts on Default.
19.1 Riqhts on Default:
!n the event of any default by Tenant as provided herein, City shall have the
option to do any of the following, in addition to and not in limitation of, any
other remedy permitted by law or by this Agreement;
19.1.1 Terminate this Agreement, in which event Tenant shall
immediately surrender the Demised Premises to the City, but if
Tenant shall fail to do so the City may, without further notice, and
without prejudice to any other remedy the City may have for
possession or arrearages in rent or damages for breach of
contract, enter upon the Demised Premises and expel or remove
Tenant and its effects in accordance with law, without being liable
for prosecution or any claim for damages therefore, and Tenant
agrees to indemnify and hold harmless the City for all loss and
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19.1.2
19.1 .3
19.1.4
19.1 .5
damage which the City may suffer by reasons of such Agreement
termination, whether through inability to re-let the Demised
Premises, or othenrvise.
Declare the entire amount of the Base Rent and Additional Rent
which would become due and payable during the remainderof the
term of this Agreement to be due and payable immediately, in
which event Tenant agrees to pay the same at once, togetherwith
all rents therefore due, at the address of the City, as provided in
the Notices section of this Agreement; provided, however, that
such payment shall not constitute a penalty, forfeiture, or
liquidated damage, but shall merely constitute payment in
advance of the rents for the remainder of said term and such
payment shall be considered, construed and taken to be a debt
provable in bankruptcy or receivership.
Enter the Demised Premises as the agent of Tenant, by force if
necessary, without being liable to prosecution or any claim for
damages therefore; remove Tenant's property there from; and re-
let the Demised Premises, or portions thereof, for such terms and
upon such conditions which the City deems, in its sole discretion,
desirable, and to receive the rents therefore, and Tenant shall pay
the City any deficiency that may arise by reason of such re-letting,
on demand at any time and from time to time at the office of the
City; and for the purpose of re-letting, the City may (i) make any
repairs, changes, alterations or additions in or to said Demised
Premises that may be necessary or convenient; (ii) pay all costs
and expenses therefore from rents resulting from re-letting; and
(iii) Tenant shall pay the City any deficiency as aforesaid.
Take possession of any personal property owned by Tenant on
said Demised Premises and sell the same at public or private sale,
and apply same to the payment of rent due, holding Tenant liable
for the deficiency, if any.
It is expressly agreed and understood by and between the parties
hereto that any installments of rent accruing under the provisions
of this Agreement which shall not be paid when due shall bear
interest at the maximum legal rate of interest per annum then
prevailing in Florida from the date when the same was payable by
the terms hereof, until the same shall be paid by Tenant. Any
failure on the City's behalf to enforce this Section shall not
constitute a waiver of this provision with respect to future accruals
of past due rent. No interest will be charged for payments made
within the grace period, such grace period to be defined as within
five (5) days from the due date. ln addition, there will be a late
charge of Fifty ($50.00) Dollars for any payments submitted after
the grace period.
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19.2
19.3
19.1 .6 lf Tenant shall default in making any payment of monies to any
person or for any purpose as may be required hereunder, the City
may pay such expense but the City shall not be obligated to do so.
Tenant, upon the City's paying such expense, shall be obligated to
forthwith reimburse the City for the amount thereof. All sums of
money payable by Tenant to the City hereunder shall be deemed
as rent for use of the Demised Premises and collectable by the
City from Tenant as rent, and shall be due from Tenant to the City
on the first day of the month following the payment of the expense
by the City.
19.1.7 The rights of the City under this Agreement shall be cumulative
but not restrictive to those given by law and failure on the part of
the City to exercise promptly any rights given hereunder shall not
operate to waive or to forfeit any of the said rights.
Default bv Citv:
The failure of the City to perform any of the covenants, conditions and
agreements of this Agreement which are to be performed by the City and the
continuance of such failure for a period of thirty (30) days after notice thereof
in writing from Tenant to the City (which notice shall specify the respects in
which Tenant contends that the City failed to perform any such covenant,
conditions and agreements) shall constitute a default by the City, unless
such default is one which cannot be cured within thirty (30) days because of
circumstances beyond the City's control, and the City within such thirty (30)
day period shall have commenced and thereafter shall continue diligently to
prosecute all actions necessary to cure such defaults.
However, in the event the City fails to perform within the initial thirty (30) day
period provided above, and such failure to perform prevents Tenant from
operating its business in a customary manner and causes an undue hardship
for Tenant, then such failure to perform (regardless of circumstances beyond
its control) as indicated above, shall constitute a default by the City.
Tenant's Riohts on Default:
lf an event of the City's default shall occur, Tenant, to the fullest extent
permitted by law, shall have the right to pursue any and all remedies
available at law or in equity, including the right to sue for and collect
damages, including reasonable attorney fees and costs, to terminate this
Agreement; provided however, that Tenant expressly acknowledges and
agrees that any recovery by Tenant shall be limited to the amount setforth in
Subsection 19.4 and Section 32 of this Agreement.
Limitation of Citv's Liabilitv in the Event of Citv's Default:
NOTWITHSTANDING SUBSECTIONS 19,2 AND 19.3 OF THIS
AGREEMENT, TENANT AND THE CITY HEREBY ACKNOWLEDGE AND
AGREE THAT, AS THE CITY HAS AGREED TO LEASE THE DEMISED
PREMTSES TO TENANT (AS A NOT-FOR-PROF|T ENTtTy) FOR RENT AT
SUBSTANTIALLY BELOW-MARKET VALUE, THE CIryS LIABILITY FOR
19.4
12
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20.
20.1
20.2
ANY DAMAGES AND OR OTHER RECOVERABLE COSTS SHALL BE
SUBJECT TO THE MAXIMUM AMOUNT AS SET FORTH IN SECTION 32
("LtMtTATtON OF L|ABlLtTy") OF THtS AGREEMENT.
lndemnitv Aqainst Costs and Charqes.
Tenant shall be liable to the City for all costs and charges, expenses,
reasonable attorney's fees, and damages which may be incurred or
sustained by the City, by reason of Tenant's breach of any of the provisions
of this Agreement. Any sums due the City under the provisions of this item
shall constitute a lien against the interest of the Tenant and the Demised
Premises and all of Tenant's property situated thereon to the same extent
and on the same conditions as delinquent rentwould constitute a lien on said
premises and property.
lf Tenant shall at any time be in default hereunder, and if the City shall deem
it necessary to engage an attorney to enforce the City's rights and Tenant's
obligations hereunder, Tenant will reimburse the City for the reasonable
expenses incurred thereby, including, but not limited to, court costs and
reasonable attorney's fees, whether suit be brought or not and if suit be
brought, then Tenant shall be liable for expenses incurred at both the trial
and appellate levels.
I ndemnification Aoainst Claims.
Tenant shall indemnify and save the City harmless from and against any and
all claims or causes of action (whether groundless or othenruise) by or on
behalf of any person, firm, or corporation, for personal injury or property
damage occurring upon the Demised Premises or upon any other land or
other facility or appurtenance used in connection with the Demised
Premises, occasioned in whole or in part by any of the following:
21.1.1 An act or omission on the part of Tenant, or any employee, agent,
contractor, invitee, guest, assignee, sub-tenant or subcontractor of
Tenant;
21.1.2 Any misuse, neglect, or unlaMul use of the Demised Premises by
Tenant, or any employee, agent, contractor, invitee, guest,
assignee, sub-tenant or subcontractor of Tenant;
21.1.3 Any breach, violation, or non-performance of any undertaking of
Tenant under this Agreement;
21.1.4 Anything growing out of the use or occupancy of the Demised
Premises by the Tenant or anyone holding or claiming to hold
through or under this Agreement.
21.
21.1
13
80
21.2 Tenant agrees to pay all damages to the Demised Premises and/or other
facilities used in connection therewith, caused by Tenant or any employee,
agent, contractor, guest, or invitee of Tenant.
22. Sions and Advertisinq.
Without the prior written consent of the City Manager, which consent, if given at all,
shall be at the City Manager's sole and absolute discretion, Tenant shall not permit
the painting and display of any signs, plaques, lettering or advertising material of
any kind on or near the Demised Premises. All additional signage shall comply with
signage standards established by the City and comply with all applicable building
codes, and any other municipal, County, State and Federal laws.
23. Effect of Convevance.
The term 'City" and/or "Landlord" as used in the Agreement means only the owner
for the time being of the land and building containing the Demised Premises, so that
in the event of any sale of said land and building, or in the event of a lease of said
building, the City shall be and hereby is entirely freed and relieved of all covenants
and obligations of the City hereunder, and it shall be deemed and construed without
further agreement between the parties, or between the parties and the purchaser at
such sale, or the lease of this building, that the purchaser or Tenant has assumed
and agreed to carry out all covenants and obligations of the City hereunder.
24.
24.1
24.2
Damaoe to the Demised Premises.
lf the Demised Premises shall be damaged by the elements or other casualty
not due to Tenant's negligence, or by fire, but are not thereby rendered
untenantable, as determined by the City Manager, in his sole discretion, in
whole or in part, and such damage is covered by the City's insurance, if any,
(hereinafter referred to as "such occurrence"), the City, shall, as soon as
possible after such occurrence, utilize the insurance proceeds to cause such
damage to be repaired and the Rent (Base Rent and Additional Rent) shall
not be abated. lf by reason of such occurrence, the Demised Premises shall
be rendered untenantable, as determined by the City Manager, in his sole
discretion, only in part, the City shall as soon as possible utilize the insurance
proceeds to cause the damage to be repaired, and the Rent meanwhile shall
be abated proportionately as to the portion of the Demised Premises
rendered untenantable; provided however, that the City shall promptly obtain
a good faith estimate of the time required to render the Demised Premises
tenantable and if such time exceeds sixty (60) days, either party shall have
the option of canceling this Agreement.
lf the Demised Premises shall be rendered wholly untenantable by reason of
such occurrence, the City shall have the option, but not the obligation, in its
sole discretion, to utilize the insurance proceeds to cause such damage to be
repaired and the Rent meanwhile shall be abated. However, the City shall
have the right, to be exercised by notice in writing delivered to Tenant within
sixty (60) days from and after said occurrence, to elect not to reconstruct the
destroyed Demised Premises, and in such event, this Agreement and the
tenancy hereby created shall cease as of the date of said occurrence, the
14
81
25. Quiet Eniovment.
Tenant shall enjoy quiet enjoyment of the Demised Premises and shall not be
evicted or disturbed in possession of the Demised Premises so long as Tenant
complies with the terms of this Agreement.
24.3
26.
26.1
26.2
26.3
Rent to be adjusted as of such date. lf the Demised Premises shall be
rendered wholly untenantable, Tenant shall have the right, to be exercised by
notice in writing, delivered to the City within thirty (30) days from and after
said occurrence, to elect to terminate this Agreement, the Rent to be
adjusted accordingly.
Notwithstanding any clause contained in this Section 24,if the damage is not
covered by the City's insurance, then the City shall have no obligation to
repair the damage, but the City shall advise Tenant in writing within thirty (30)
days of the occurrence giving rise to the damage and of its decision not to
repair, and Tenant may, at any time thereafter, elect to terminate this
Agreement, and the Rent shall be adjusted accordingly.
Waiver.
It is mutually covenanted and agreed by and between the parties hereto that
the failure of the City to insist upon the strict performance of any of the
conditions, covenants, terms or provisions of this Agreement, or to exercise
any option herein conferred, will not be considered or construed as a waiver
or relinquishment for the future of any such conditions, covenants, terms,
provisions or options but the same shall continue and remain in full force and
effect.
A waiver of any term expressed herein shall not be implied by any neglect of
the City to declare a forfeiture on account of the violation of such term if such
violation by continued or repeated subsequently and any express waiver
shall not affect any term other than the one specified in such waiver and that
one only for the time and in the manner specifically stated.
The receipt of any sum paid by Tenant to the City after breach of any
condition, covenant, term or provision herein contained shall not be deemed
a waiver of such breach, but shall be taken, considered and construed as
payment for use and occupation, and not as Rent, unless such breach be
expressly waived in writing by the City.
27. Notices.
The addresses for all notices required under this Agreement shall be as follows, or
at such other address as either party shall be in writing, notify the other:
City Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
15
LANDLORD:
82
28.
With copy to:Asset Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
South Florida Workforce lnvestment BoardTENANT:
Attention: Marian Smith
Assistant Director, Administration
7300 Corporate Center Drive, Suite 500
Miami, Florida 33126
All notices shall be hand delivered and a receipt requested, or by certified mailwith
Return receipt requested, and shall be effective upon receipt.
Entire and Bindins Aqreement.
This Agreement contains all of the agreements between the parties hereto, and it
may not be modified in any manner other than by agreement in writing signed by all
the parties hereto or their successors in interest. The terms, covenants and
conditions contained herein shall inure to the benefit of and be binding upon the City
and Tenant and their respective successors and assigns, except as may be
othenrvise expressly provided in this Agreement.
Provisions Severable.
lf any term or provision of this Agreement or the application thereof to any person or
circumstance shall, to any extent, be invalid or unenforceable, the remainder of this
Agreement, or the application of such term or provision to persons or circumstances
other than those as to which it is held invalid or unenforceable, shall not be affected
thereby and each term and provision of this Agreement shall be valid and be
enforced to the fullest extent permitted by law.
Captions.
The captions contained herein are for the convenience and reference only and shall
not be deemed a part of this Agreement or construed as in any manner limiting or
amplifying the terms and provisions of this Agreement to which they relate.
Number and Gender.
Whenever used herein, the singular number shall include the plural and the plural
shall include the singular, and the use of one gender shall include all genders.
Limitation of Liabilitv.
The City desires to enter into this Agreement only if in so doing the City can place a
limit on the City's liability for any cause of action for money damages due to an
alleged breach by the City of this Agreement, so that its liabilityfor any such breach
never exceeds the sum of Ten Thousand ($10,000.00) Dollars. Tenant hereby
expresses its willingness to enter into this Agreement with Tenant's recovery from
the City for any damage action for breach of contract to be limited to a maximum
amount of $1 0,000.00. Accordingly, and notwithstanding any other term or condition
of this Agreement, Tenant hereby agrees that the City shall not be liable to Tenant
for damage in an amount in excess of $10,000.00 for any action or claim for breach
29.
30.
31.
32.
16
83
33.
of contract arising out of the performance or non-performance of any obligations
imposed upon the City by this Agreement. Nothing contained in this Section or
elsewhere in this Agreement is in any way intended to be a waiver of the limitation
placed upon the City's liability as set forth in Florida Statutes, Section 768.28.
Surrender of the Demised Premises.
Tenant shall, on or before the last day of the Term herein demised, or the sooner
termination thereof, peaceably and quietly leave, surrender and yield upon to the
City the Demised Premises, together with any and all equipment, fixtures,
furnishings, appliances or other personal property, if any, located at or on the
Demised Premises and used by Tenant in the maintenance, management or
operation of the Demised Premises, excluding any trade fixtures or personal
property, if any, which can be removed without material injury to the Demised
Premises, free of all liens, claims and encumbrances and rights of others or broom-
clean, togetherwith allstructuralchanges, alterations, additions, and improvements
which may have been made upon the Demised Premises, in good order, condition
and repair, reasonable wear and tear excepted, subject, however, to the
subsequent provisions of this Section. Any property which pursuant to the provisions
of this Section is removable by Tenant on or at the Demised Premises upon the
termination of this Agreement and is not so removed may, at the option of the City,
be deemed abandoned by Tenant, and either may be retained by the City as its
property or may be removed and disposed of at the sole cost of the Tenant in such
manner as the City may see fit. lf the Demised Premises and personal property, if
any, be not surrendered at the end of the Term as provided in this Section, Tenant
shall make good the City all damages which the City shall suffer by reason thereof,
and shall indemnify and hold harmless the City against all claims made by any
succeeding tenant or purchaser, so far as such delay is occasioned by the failure of
Tenant to surrender the Demised Premises as and when herein required.
Time is of the Essence.
Time is of the essence in every particular and particularly where the obligation to
pay money is involved.
Venue:
This Agreement shall be deemed to have been made and shall be construed and
interpreted in accordance with the laws of the State of Florida. This Agreement shall
be enforceable in Miami-Dade County, Florida, and if legal action is necessary by
either party with respect to the enforcement of any and all the terms or conditions
herein, exclusive venue for the enforcement of same shall lie in Miami-Dade
County, Florida.
CITY AND TENANT HEREBY KNOWINGLY AND INTENTIONALLY WAIVE THE
RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING THAT THE CITY
AND TENANT MAY HEREIN AFTER INSTITUTE AGAINST EACH OTHER WITH
RESPECT TO ANY MATTER ARISING OUT OF OR RELATED TO THIS
AGREEMENT.
34.
35.
17
84
36.Radon is a naturally occurring radioactive gas that, when it is accumulated in a
building in sufficient quantities, may present health risks to persons who are
exposed to it over time. Levels of Radon that exceed Federal and State guidelines
have been found in buildings in Florida. Additionalinformation regarding Radon and
Radon testing may be obtained from your county Public Health Unit.
No Danoerous Materials.
Tenant agrees not to use or permit in the Demised Premises the storage and/or use
of gasoline, fuel oils, diesel, illuminating oils, oil lamps, combustible powered
electricity producing generators, turpentine, benzene, naphtha, propane, natural
gas, or other similar substances, combustible materials, or explosives of any kind,
or any substance or thing prohibited in the standard policies of fire insurance
companies in the State of Florida. Any such substances or materials found within
the Demised Premises shall be immediately removed.
Tenant shall indemnify and hold City harmless from any loss, damage, cost, or
expense of the City, including, without limitation, reasonable attorney's fees,
incurred as a result of, arising from, or connected with the placement by Tenant of
any "hazardous substance" or "petroleum products" on, in or upon the Demised
Premises as those terms are defined by applicable Federal and State Statute, or
any environmental rules and environmental regulations promulgated thereunder.
The provisions of this Section 37 shall survive the termination or earlier expiration of
this Agreement.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
37.
18
85
lN WITNESS WHEREOF, the parties hereto have caused their names to be signed
and their seals to be affixed, all as of the day and year first above written, indicating their
agreement.
Attest:CITY OF MIAMI BEACH, FLORIDA
Rafael Granado, CITY CLERK Philip Levine, MAYOR
Attest: SOUTH FLORIDA WORKFORCE
INVESTMENT BOARD
Signature / Corporate Secretary Rick Beasley, EXECUTIVE DIRECTOR
Print Name
Signature
Print Name
CORPORATE SEAL
(affix seal here)
FIRHCD\$ALL\ECON\$ALL\ASSET\6STREET.CTR\LEASES\SFWIB\CareerSource Lease DRAFT (10.10.14).doc
19
86
EXHIBIT 1
Demised Premises
dtul!
H'
t:l
H
I .tli< t,
t ri{
I
]ln
-6 Esl,-- o
[,,-i
f!5
L,r :l ,l
,i
I
U
===
E
UF
U
>E.--
:i"N
-,I5r;;l
a)I
IE
O
',at
20
87
EXHIBIT 3.2.1
Operating Expenses
South Shore Community Center
833 5th Street
2013 Fiscal Year Operating Expenses (Total)
Total
Cost
Per Leasable
Square Foot
Cost
Iities Electricity
Water
Sewer
Stormwater (estimate)
Subtotal
49,263
3,454
2,95L
2,500
3.89
o.27
0.23
0.20
4.5958,172
Janitorial
Elevator
Cooling Tower Treatment
Fire Services
Pest Control
Repairs & Maintenance
Subtotal
33,189
L,428
7,644
362
542
44,69L
2.62
0.11
0.13
0.03
0.05
3.53
6.478L,962
nsurance Property lnsurance
Hurricane Exposure
Subtota!
27,765
39,78t
t.67
3.14
4.81s60,951 s
otal Annual Operating Expenses 15.86
Building Square Footage Distribution
1st Floor 2nd Floor
3,826
990
Total
t2,676
5,199
L7,864
Leasable Area
Common Area
9,950
4,799
13,048otal 4,8L6
21
88
Exhibit E
Renewal Summary
Current Space
Suite Sq. Ft. OEx @ 57.58
Proposeo
Change
Proposed Space
suire sq. Fr. oEx @ s11.06Tenant
VIDC Community Action Agency 1st Floor
Office
2,076 s 15.93s.28 Downsize
Same Location
1st Floor
Offlce
69\5 7,642.46
CS of South Florida, lnc. - Meals 1st Floor
Storase
289 5 2,218.32 Expansion 1st Floor
Storage
485 S s,354.10
CS of South Florida, lnc. - Meals 1st Floor
Auditorium
2,792 s s,3s7.88 No Change 1st Floor
Auditoraum
2,792 S 7.733.84
CS of South Florida, lnc. - Ride lst Floor
Office
445 s 3,41s.80 No Change lst Floor
Office
445 5 4,92t.7o
.HANC of Dade County, lnc.1st Floor
Davcare
2,9r9 5 22,406.16 No Change 1st Floor
Daycare
2,979 5 32,284.t4
.HANC of Dade County, lnc.1st Floor
Plavsround
7,OO2 )No Change 1st Floor
Playground
7,002 5
JNIDAD of Miami Beach, lnc.1st Floor
2nd Floor
329
3,826
5 31,893.72 Downsize
Partial Relocation
1st Floor
2nd Floor
1,518
564
5 23,026.92
iouth Florida Workforce
nvestment Board
N/A N/A N/A New Lease
(Former UNIDAD Space)
2nd Floor 3,262 5 36,077.72
89
Exhibit F
Miami Dade County - Lease Amendment
90
AMENDMENT NO. 1 TO LEASE AGREEMENT
This Amendment No. 1 to Lease Agreement is entered into this _ day of
2014 by and between the CITY OF MIAMI BEACH, a Florida
municipal corporation, (hereinafter referred to as "City" or "Landlord"), and MIAMI-
DADE COUNTY, a political subdivision of the State of Florida (hereinafter referred to as
"Tenant").
WITNESSETH:
WHEREAS, on September 9, 2009, the Mayor and City Commission passed
Resolution No. 2009-27186, approving a Lease Agreement between the City and
Jewish Community Services of South Florida, lnc. for the use of approximatety 2,076
square feet of City-owned property, located on the 1't floor of the South Shore
Community Center (alkla the 6th Street Community Center or the "Building"), located at
833 Sixth Street, Miami Beach, Florida,33139; said lease having an initial term of four
(4) years and 364 days, commencing retroactively on October 2,2OOg, and ending on
September 30,2014; and
WHEREAS, on October 29, 2104, the Mayor and City Commission adopted
Resolution No. 2014--- accepting the recommendation of the Finance and
Citywide Projects Committee and approving and authorizing the Mayor and City Clerk to
execute the following Amendment No. 1 to the Lease Agreement; and
NOW THEREFORE, the City and Tenant, for and in consideration of the mutuat
covenants, agreements and undertakings herein contained, do by these presents
mutually covenant and agree to amend the Lease Agreement, as follows:
1 . Paragraph 3, on Page 1 of the Lease Agreement, shall be amend ed (deleted
items st+ue*+Areugh and inserted items underlinedt as follows:
Z,A# 691 rentable square feet of air-conditioned office space located on the 1't
floor of the South Shore Community Center located at 833 Sixth Street, Miami
Beach, Florida 33139, and as more specificallv delineated in "Exhibit 1"
(Demised Premises). attached hereto and incorporated herein.
2. Paragraph 4, on Page 1 of the Lease Agreement, shall be amended (deleted
items etruek:Areagh and inserted items underlinedl as follows:
To have and to hold unto the said Tenant for a term of feur (4) years and 36,1
days five (5) vears, commencing retroactively on eelebe+2;-200g October 1,
2014, subject to the passage of the resolution of the Miami-Dade County Board
of County Commissioners (the "Board") approving this Lease Agreement (the "CommencementDate'')andterminatingonWSeptember30,
2019.
91
3.Article l, entitled "Use of Demised Premises", on Pages 1-2 of the Lease
Agreement, shall be amended (deleted items s+rue*+*reugh and inserted items
underlinedt as follows:
Tenant shall be required to meet certain performance benchmarks more
specificallv described as follows:
1. Number of low-income residents accessino services throuoh the South
Beach Communitv Service Centers: 2.130 annuallv
2. Low-income households emerqencies resolved such as rent. mortoaqe.
relocation. food and clothino: 85 annuallv
3. Low-income households receivinq relocation securitv deposit assistance:
56 annuallv
4. Low-income households receivinq LIHEAP reqular utilitv assistance: 1.265
annuallv
5. Low-income households receivinq LIHEAP Crisis utilitv assistance: 662
annuallv
6. Households receivino Care To Share utilitv assistance: 62 annuallv
All recipients shall be Miami Beach residents. The above fiqures are subiect to
chanqe based on fundinq amounts provided bv Federal Grants and State Grants.
Article xxvlll, entitled " Additional Rent (operating Expenses)", on Pages 2-3 of
the Lease Agreement, shall be amended (deleted items struel<lhreugh and
inserted items underlinedl as follows:
ln addition to the Base Rent, as set forth in Section 3.1, Tenant shall also pay the
following Additional Rent as provided below:
Tenant shall pay ene Theusand Eight Hundred Sixty Seven Dellars and 18/100
($1;867,18) per menth; fer its prepertienate share ef "Operating Expenses" whietr
are defined as fellews:
Throuohout the first vear of the Term. Tenant shall pav Five Hundred Seven
Dollars and 31/100 ($507.31) per month. for its proportionate share of "Operatino
Expenses" which are defined below. Throuqhout the second vear of the Term.
Tenant shall pav Five Hundred Seventv Two Dollars and 38/100 ($572.38) per
month. for its proportionate share of Operatinq Expenses. Throuqhout the third
vear of the Term. Tenant shall pav Six Hundred Thirtv Seven Dollars and 45/100
($637.45) per month. for its proportionate share of Operatino Expenses.
Thereafter. the Operatinq Expenses shall be subiect to adiustment pursuant to
below.
4.
92
5.
6.
defined) and shall include electrical seryice, water service, sewer service,
stormwater costs, maintenance and repairs costs, and janitorial service to the
Building (including the Demised Premises).
"Common Facilities" shall mean all Building areas, spaces, equipment, as well as
certain services, available for use by or for the benefit of Tenant and/or its
employees, agents, servants, volunteers, customers, guests and/or invitees.
Commencino the fourth vear of the Term. irrespective *respeetive of the items
listed above, amounts due by Tenant, associated with Common Facilities
Operating Expenses, will be determined based on Tenant's pro-rata share of the
items, more specificallv described in "Exhibit XXVlll". which is hereby made a
part of this Lease Agreement. Pro-rata share shall mean the percent which the
Demised Premises bears to the total square footage of leasable space within the
Building, which share is hereby agreed to be sixtee+(l$%, 5.451%. Tenant
agrees and understands that the costs incurred for Operating Expenses may
increase or decrease and, as such, Tenant's pro-rata share of Operating
Expenses shall increase or decrease accordingly.
Article XVll, entitled "Option to Renew", on Page 8 of the Lease Agreement, shall
be deleted in its entirety.
Except as othenrvise specifically amended herein, all other terms and conditions
of the Lease Agreement by and between the Landlord and Tenant shall remain in
full force and effect. ln the event there is a conflict between the provisions
provided herein and the Lease Agreement, the provisions of this Amendment No.
1 to Lease Agreement shall govern.
[The remainder of this page has been intentionally left blank]
93
lN WITNESS WHEREOF, this Amendment has been duly executed by the
parties hereto as of the day and year first written above.
Attest:CITY OF MIAMI BEACH, FLORIDA
Rafael Granado, CITY CLERK Philip Levine, MAYOR
Attest:MIAMI-DADE COUNTY, FLORIDA
Signature Carlos A. Gimenez, Mayor
Print Name
Signature
Print Name
CORPORATE SEAL
(affix seal here)
F:\RHCD\$ALL\ECON\$ALL\ASSET\6STREET.CTR\LEASES\MDCAA\MDCCAA - First Amendment DRAFT (10-10-14).docx
94
EXHIBIT 1
Demised Premises
833 6th Street
1st Floor
95
EXHIBIT XXVilt
Additional Rent (Operating Expenses)
South Shore Community Center
833 6th Street
2013 Fiscal Year Operating Expenses (Total without lnsurance)
Total
Cost
Per Leasable
Square Foot
Cost
Electricity
Water
Sewer
Stormwater (estimate)
Subtotal
49,263
3,454
2,957
2,500
3.89
0.27
o.23
o.20
4.5958,172
Maintenance Janitorial
Elevator
Cooling Tower Treatment
Fire Services
Pest Control
Repairs & Maintenance
Subtotal
33,189
L,428
L,644
362
642
44,69L
2.62
0.11
0.13
0.03
0.0s
3.53
6.4781,962
lnsur ance Property lnsurance
Hurricane Exposure
Subtota!
Tota! Annual Operating Expenses S 140,135 S 11.0G
Building Square Distribution
1st Floor
8,850
2nd Floor
Leasable Area 3,826
990
4,876
L2,676
5,199
77,864
mmon Area 4.L98
Total 13,048
96
Exhibit G
JCS Senior Meals - Lease Amendment
97
AMENDMENT NO. 1 TO LEASE AGREEMENT
This Amendment No. 1 to Lease Agreement is entered into this _ day of
2014 by and between the CITY OF MIAMI BEACH, a Florida
municipal corporation, (hereinafter referred to as "City" or "Landlord"), and JEWISH
COMMUNIry SERVICES OF SOUTH FLORIDA, lNC., a Florida not-for-profit
corporation (hereinafter referred to as "Tenant").
WITNESSETH:
WHEREAS, on September 9, 2009, the Mayor and City Commission passed
Resolution No. 2009-27186, approving a Lease Agreement between the City and
Jewish Community Services of South Florida, lnc. for the use of approximately 289
square feet of City-owned property, located on the 1't floor of the South Shore
Community Center (atVa the 6th Street Community Center or the "Building"), located at
833 Sixth Street, Miami Beach, Florida,33139; said lease having an initial term of four
(4) years and 364 days, commencing on October 2, 2009, and ending on September
30,2014: and
WHEREAS, on October 29, 2104, the Mayor and City Commission adopted
Resolution No. 2014--- accepting the recommendation of the Finance and
Citywide Projects Committee and approving and authorizing the Mayor and City Clerk to
execute the following Amendment No. 1 to the Lease Agreement; and
NOW THEREFORE, the City and Tenant, for and in consideration of the mutual
covenants, agreements and undertakings herein contained, do by these presents
mutually covenant and agree to amend the Lease Agreement, as follows:
1. Section 1, entitled "Demised Premises", on Page 1 of the Lease Agreement, shall
be amended (deleted items etruek+nreagh and inserted items underlinedl as
follows:
Approximatel! four hundred eiqhtv
five (485) square feet of leasable storage space on the 1't floor ofthe South Shore Community Center (a.k.a. the 6th Street
Community Center or the "Building"), located at 833 Sixth Street,
Miami Beach, Florida, 33139, and as more specifically delineated in
"Exhibit 1", attached hereto and incorporated herein.
2. section 2, entitled "Term", on Pages 1-2 of the Lease Agreement, shall be
amended (deleted items etra*-t+reugh and inserted items underlinedl as
follows:
2.1 lt is the intent ef the parties that the term ef this tease Agreement,
he term ef that
aeh and
98
Jewish eemmunity Serviees ef Seuth Flerida, lne,, dated t',t', ra, 2009
(the "Ceneessien Agreement"), Aeeerdingly, Tenant shall be entitled te
have and te held the Demised Premises fer an initial term ef fetryears (4)
years and three hundred sixty feur (361) da)s, eemmeneing en the 2d day
ef Oeteber, 2009 (the "eemmeneement Date"); and ending en the 3Oh day
W Tenant shall be entitled to have and to hold the
Demised Prem
ber. 2014 (the
on the 30'" dav of September 2019. For purposes of this Lease
Agreement,
her€ift a "contract year" shall be defined as that certain period
commencing on the 1tt day of October, and ending on the 30th day of
September.
3.
revided that (i) Tenant is in
Tenant eentinues te utilize the Demised Premises in aeeerdanee with the
ein, tnis ngreeme
(1) additienal five (5) year renewal term, whieh renewal shall be
memerialized in writing and exeeuted by the parties herete (with the Gity
hereby autherizing the eity Manager te exeeute en behalf ef the City),
Netwithstanding the preeeding' within ninety (90) days prier te the
expiratien ef the initial term; tl'e City Manager may eleet te re negetiate a
netiee ef sueh eleetien. lf; fellewing geed faith negetiatiens between the
may further eleet te net renew the Agreement, in whieh ease the
@
ien under the tetter
ll and veid and ef n
and effeet. Additienally; if; at any time during the term ef this tease
e
ever; then this
ll and veid
and ef ne further feree and effeet.
Section 3, entitled "Rent", on Pages 2-3 of the Lease Agreement, shall be
amended (deleted items stra*lAreugh and inserted items underlinedl as
follows:
3.2 Additional Rent:
ln addition to the Base Rent, as set forth in Section 3.1, Tenant shall also
pay the following Additional Rent as provided below:
99
Operatinq Expenses:
Tenant shall pay One Theusand Eight Hundred Sixty Seven
Dellars and 18/100 ($1,867,18) per menth, fer its prepertienate
as tettews:
Throuqhout the first vear of the Term, Tenant shall pav Three
Hundred Fiftv Six Dollars and 07/100 ($356.07) per month. for
its proportionate share of "Operatinq Expenses" which are
defined below. Throuqhout the second vear of the Term.
Tenant shall pav Four Hundred One Dollars and 741100
($401.74) per month. for its proportionate share of Operatinq
Expenses. Throuohout the third vear of the Term. Tenant shall
pav Four Hundred Fortv Seven Dollars and 411100 ($447.41)
per month. for its proportionate share of Operatino Expenses.
Thereafter. the Operatino Expenses shall be subiect to
adiustment pursuant to Subsection 3.2.1.1 below.
"Operating Expenses" shall mean the following costs and
expenses incurred in operating, repairing, and maintaining the
Common Facilities (as hereinafter defined) and shall include
electrical service, water service, sewer seryice, stormwater
costs, maintenance and repairs costs, and janitorial service to
the Building (including the Demised Premises).
"Common Facilities" shall mean all Building areas, spaces,
equipment, as well as certain services, available for use by or
for the benefit of Tenant and/or its employees, agents, servants,
volunteers, customers, guests and/or invitees.
3.2.1.1 Commencinq the fourth vear of the Term. irrespective
lff€spe€tive of the items listed above, amounts due by Tenant,
associated with Common Facilities Operating Expenses, will be
determined based on Tenant's pro-rata share of the items more
specifically described in "Exhibit3.2.1", which is hereby made a
part of this Lease Agreement. Pro-rata share shall mean the
percent which the Demised Premises bears to the total square
footage of leasable space within the Building, which share is
hereby agreed to be tlle{e$aereen+ 3.826%. Tenant agrees
and understands that the costs incurred for Operating Expenses
may increase or decrease and, as such, Tenant's pro-rata share
of Operating Expenses shall increase or decrease accordingly.
Section 7, entitled "Use and Possession of Demised Premises", on Page 5 of the
Lease Agreement, shall be amended (deleted items s+rue*+*reagh and inserted
items underlinedl as follows:
7.4 Tenant shall be required to meet certain performance benchmarks more
specificallv described as follows:
3.2.1
4.
100
Senior Meals Proqram: 9.000 meals served annuallv (100% shall
be Miami Beach residents).
5. Except as othenvise specifically amended herein, all other terms and conditions
of the Lease Agreement by and between the Landlord and Tenant shall remain in
full force and effect. ln the event there is a conflict between the provisions
provided herein and the Lease Agreement, the provisions of this Amendment No.
1 to Lease Agreement shall govern.
lN WITNESS WHEREOF, this Amendment has been duly executed by the
parties hereto as of the day and year first written above.
Attest:CITY OF MIAMI BEACH, FLORIDA
Rafael Granado, Clry CLERK Philip Levine, MAYOR
Attest:JEWISH COMMUNITY SERVICES OF
SOUTH FLORIDA, INC.
Signature Fred Stock, CEO
Print Name
Signature
Print Name
CORPORATE SEAL
(affix seal here)
F:\RHCD\$ALL\ECON\$ALL\ASSET\6STREET.CTR\LEASES\JCS\JCS Senior Meals - First Amendment DRAFT (10-10-14).docx
101
EXHIBIT 1
Demised Premises
833 6th Street
1st FIoor
102
EXHIBIT 3.2.1
Operating Expenses
South Shore Community Center
833 6th Street
2013 Fiscal Year Operating Expenses (Total without lnsurance)
Total
Cost
Per Leasable
Square Foot
Cost
Electricity
Water
Sewer
Stormwater (estimate)
Subtotal
49,263
3,454
2,95L
2,500
3.89
o.27
o.23
0.20
4.s958,L72
Maintenance Janitorial
Elevator
Cooling Tower Treatment
Fire Services
Pest Control
Repairs & Maintenance
Subtotal
33,189
7,428
7,644
362
642
44,69L
2.62
0.11
0.L3
0.03
0.0s
3.53
5.478t,962
Insurance Property lnsurance
Hurricane Exposure
Subtotal
-Total Annual Operating Expenses
Building Distribution
lst Floor
8,850
2nd Floor
3,826
990
4,8t6
T
Leasable Area L2,676
5,188
77,864
4.798
Total
n Area
13,048
103
Exhibit H
JCS Senior Ride - Lease Amendment
104
AMENDMENT NO. 1 TO LEASE AGREEMENT
This Amendment No. 1 to Lease Agreement is entered into this _ day of
2014 by and between the CITY OF MIAMI BEACH, a Florida
municipal corporation, (hereinafter referred to as "City" or "Landlord"), and JEWISH
COMMUNITY SERVICES OF SOUTH FLORIDA, INC., a Florida not-for-profit
corporation (hereinafter referred to as "Tenant").
WITNESSETH:
WHEREAS, on September 9, 2009, the Mayor and City Commission passed
Resolution No. 2009-27186, approving a Lease Agreement between the City and
Jewish Community Services of South Florida, lnc. for the use of approximately 445
square feet of City-owned property, located on the 1't floor of the South Shore
Community Center (alkla the 6th Street Community Center or the "Building"), located at
833 Sixth Street, Miami Beach, Florida,33139; said lease having an initial term of four
(4) years and 364 days, commencing on October 2, 2009, and ending on September
30,2014; and
WHEREAS, on October 29, 2104, the Mayor and City Commission adopted
Resolution No. 2014--....- accepting the recommendation of the Finance and
Citywide Projects Committee and approving and authorizing the Mayor and City Clerk to
execute the following Amendment No. 1 to the Lease Agreement; and
NOW THEREFORE, the City and Tenant, for and in consideration of the mutual
covenants, agreements and undertakings herein contained, do by these presents
mutually covenant and agree to amend the Lease Agreement, as follows:
1. section 2, entitled "Term", on Pages 1-2 of the Lease Agreement, shall be
amended (deleted items etru*-+Areagh and inserted items underlinedt as
follows:
2.1
Tenant shall be
the Dem term of five
"commencement Date") and endinq on the 30'n dav of September 201g.
For purposes of this Lease Agreement, ieq
i+ a "contract year" shall be defined as that
certain period commencing on the 1t' dry of October, and ending on the
30"'day of September.
i+-+n
Seetien 1B hereef, and (ii)
105
Tenant eentinues te utilize the Demised Premises in aeeerdanee with the
ene
(1) additienal five (5) year renewal term, whieh renewal shall be
hereby autherizing the City Manager te exeeute en behalf ef the City),
Netwithstanding the preeeding, within ninety (90) days prier te the
expiratien ef the initial term; the eiV Manager may eleet te re negetiate a
netiee ef sueh eleetien, lf; fellewing geed faith negetiatiens between the
City and Tenant; the parties are unable te agree, then the City Manager
@
tter
is terminated er etherwise eeases te be
is
and ef ne further fe{ce
2. Section 3, entitled "Rent", on Pages 2-3 of the Lease Agreement, shall be
amended (deleted items etruek-+Areagh and insefted items underlinedt as
follows:
3.2 Additional Rent:
ln addition tothe Base Rent, assetforth in Section 3.1, Tenantshall also
pay the following Additional Rent as provided below:
3.2.1 Operatinq Expenses:
Tenant shall pay One Theusand Eight Hundred Sixty Seven
Dellars and 18/100 ($1,867,18) per menth, fer its prepertienate
share ef "eperating Expenses" whieh are defined as fellews:
Throuqhout the first vear of the Term, Tenant shall pav Three
Hundred Twentv Six Dollars and 70/100 ($326.70) per month.
for its proportionate share of "Operatinq Expenses" which are
defined below. Throuqhout the second vear of the Term.
Tenant shall pav Three Hundred Sixtv Eiqht Dollars and 61/100
($368.61) per month. for its proportionate share of Operatinq
Expenses. Throuqhout the third vear of the Term. Tenant shall
pav Four Hundred Ten Dollars and 51/100 ($410.51 ) per month.
for its proportionate share of Operatino Expenses. Thereafter.
the Operatinq Expenses shall be subiect to adiustment pursuant
to Subsection 3.2.1.1 below.
106
4.
;?5:lX*',.5}1,!l'i,';#:11.il?ilJffn,t',1?v.13'..?Tli'il:
Common Facilities (as hereinafter defined) and shall include
electrical service, water service, sewer service, stormwater
costs, maintenance and repairs costs. and janitorial service to
the Building (including the Demised Premises).
"Common Facilities" shall mean all Building areas, spaces,
equipment, as well as certain services, available for use by or
for the benefit of Tenant and/or its employees, agents, servants,
volunteers, customers, guests and/or invitees.
3.2.1.1 Commencinq the fourth vear of the Term, irrespective
kr€spe€ti\re of the items listed above, amounts due by Tenant,
associated with Common Facilities Operating Expenses, will be
determined based on Tenant's pro-rata share of the items more
specifically described in "Exhibit 3.2.1", which is hereby made a
part of this Lease Agreement. Pro-rata share shall mean the
percent which the Demised Premises bears to the total square
footage of leasable space within the Building, which share is
hereby agreed to be +e+t+{+X}peree+t 3.511%o. Tenant agrees
and understands that the costs incurred for Operating Expenses
may increase or decrease and, as such, Tenant's pro-rata share
of Operating Expenses shall increase or decrease accordingly.
Section 7, entitled "Use and Possession of Demised Premises", on Page 5 of the
Lease Agreement, shall be amended (deleted items etruet<lAreugh and insefted
items underlinedl as follows:
7.4 Tenant shall be required to meet certain performance benchmarks more
specificallv described as follows:
Senior Ride Proqram: 22.000 one-wav trips annuallv (at least 66%
shall be Miami Beach residents).
Except as othenruise specifically amended herein, all other terms and conditions
of the Lease Agreement by and between the Landlord and Tenant shall remain in
full force and effect. ln the event there is a conflict between the provisions
provided herein and the Lease Agreement, the provisions of this Amendment No.
1 to Lease Agreement shall govern.
5.
[The remainder of this page has been intentionally left blank]
107
lN WITNESS WHEREOF, this Amendment has been duly executed by the
parties hereto as of the day and year first written above.
Attest:CITY OF MIAMI BEACH, FLORIDA
Rafael Granado, Clry CLERK Philip Levine, MAYOR
Attest:JEWISH COMMUNITY SERVICES OF
SOUTH FLORIDA, INC.
Signature Fred Stock, CEO
Print Name
Signature
Print Name
CORPORATE SEAL
(affix seal here)
F:\RHCD\$ALL\ECON\$ALL\ASSET\6STREET.CTR\LEASES\JCS\JCS Senior Ride - First Amendment DRAFT (10-10-14).docx
108
EXHIBTT 3.2.1
Operating Expenses
South Shore Community Center
833 5th Street
2013 Fiscal Year Operating Expenses (Total without !nsurance)
Total
Cost
Per leasable
Square Foot
Cost
Utilities Electricity
Water
Sewer
Stormwater (estimate)
Subtotal
49,263
3,454
2,95L
2,50O
5 sg,ttz
3.89
0.27
0.23
o.20
4.59
Janitorial
Elevator
Cooling Tower Treatment
Fire Services
Pest Control
Repairs & Maintenance
Subtotal
33,189
L,428
1,644
362
642
44,697
2.62
0.11
0.13
0.03
0.05
3.53
6.478t,962
lnsurance Property lnsurance
Hurricane Exposure
Subtotal s s
Iotal Annual Operating Expenses s 140,135 s 11.06
Building Square Distribution
e Area
lst Floor
8,850
4,\98
13,048
2nd Floor
3,826
990
4,8L6
12,676
mon Area 5.188
otal t7,864
109
Exhibit I
JCS Senior Meals - Concession Amendment
110
AMENDMENT NO. 1 TO CONCESSION AGREEMENT
This Amendment No. 1 to Concession Agreement is entered into this _ day of
2014 by and between the CITY OF MIAMI BEACH, a Florida
municipal corporation, (hereinafter referred to as "City" or "Landlord"), and JEWISH
COMMUNITY SERVICES OF SOUTH FLORIDA, lNC., a Florida not-for-profit
corporation (hereinafter referred to as "Concessionaire").
WITNESSETH:
WHEREAS, on September g, 2009, the Mayor and City Commission passed
Resolution No. 2009-27186, approving a Concession Agreement between the City and
Jewish Community Services of South Florida, lnc. for the use of approximately 2,792
square feet of City-owned property, located on the 1't floor of the South Shore
Community Center (atkta the 6th Street Community Center or the "Building"), located at
833 Sixth Street, Miami Beach, Florida,33139; said concession agreement having an
initial term of four (4) years and 364 days, commencing on October 2,2009, and ending
on September 30, 2014; and
WHEREAS, on October 29, 2104, the Mayor and City Commission adopted
Resolution No. 2014-_.._.- accepting the recommendation of the Finance and
Citywide Projects Committee and approving and authorizing the Mayor and City Clerk to
execute the following Amendment No. 1 to the Concession Agreement; and
NOW THEREFORE, the City and Concessionaire, for and in consideration of the
mutual covenants, agreements and undertakings herein contained, do by these
presents mutually covenant and agree to amend the Concession Agreement, as follows:
1. Section 1, entitled "Term", on Page 2 of the Concession Agreement, shall be
amended (deleted items straetmqh and inserted items underlinedl as
follows:
1.1 lt is the intent of the parties hereto that the term of this Agreement,i , is to run concurrent with the term of that
certain Lease Agreement between the City of Miami Beach and Jewish
Community Services of South Florida, lnc., dated September 9, 2009
(hereinafter, the "Lease Agreement"). Accordingly, this Concession
Agreement shall be for an initial term ef feur ( l) years andthree hunCred
"Cemmeneement Date"); and ending en the 30th day ef September, 201 l,
a term of five ino on the 1tt
Date"
September 2019. For purposes of this Agreement, @
, a "contract year" shall be defined as that
certain period commencing on the 1st day of October, and ending on the
30th day of September.
111
1=2 At the expiratien ef the initial term herein, and previded that (i)
Ceneessienaire is in geed standing and free frem default(s) under Seetien
ien
is
term; whieh renewal shall be memerialize*in writing and exeeuted by the
parties herete (with the City hereby autherizing the eiV Manager te
Netwithstanding the preeeding; within ninety (90) da.,s prier te the
written netiee ef sueh eleetien, lf' fellewing geed faith negetiatiens
ies-are--unable te agree,
then the eity Manager may further eleet te net renew the Agreement, in
whieh ease the Agreement will terminate and the City shall have ne further
ienair+
1'3 Additienally; in the event that the renewal eptien fer the tease Agreement
is net exereised; then this eeneessien Agreement shall autematieally
terminate; and shall be null and veid and ef ne further feree an*effeet,
the tease Agreement is terminated er etherwise eeases te be ef any legal
feree and effeet; fer whatever reasen whatseever, then this Ceneessien
ne further feree and effeet,
2. Section 3, entitled "Use(s)", on Page 3 of the Concession Agreement, shall be
amended (deleted items stru*-tnreagh and inserted items underlinedt as
follows:
3.1.1 Concessionaire shall be required to meet certain performance
benchmarks more specificallv described as follows:
Senior Meals Proqram: 9.000 meals served annuallv (100% shall
be Miami Beach residents).
3. Section 4, entitled "Concession Fees", on Pages 3-4 of the Concession
Agreement, shall be amended (deleted items struA<:*reaqh and inserted items
underlined) as follows:
4.2.1 Operatinq Expenses.
eeneessienaire shalt pay Fetr Hundred Ferty Sir Dellars and
"Operating Expenses" whieh are defined as rellews:
Throuqhout the first vear of the Term. Concessionaire shall pav
Five Hundred Twelve Dollars and 45/100 ($512.45) per month. for
its proportionate share of "Operatinq Expenses" which are defined
112
4.
below. Throuqhout the second vear of the Term. Concessionaire
shall pav Five Hundred Seventv Eiqht Dollars and 18/100 ($578.18)
per month. for its proportionate share of Operatinq Expenses.
Throuqhout the third vear of the Term. Concessionaire shall pav Six
Hundred Fortv Three Dollars and 91/100 ($643.91) per month. for
its proportionate share of Operatinq Expenses. Thereafter. the
Operatino Expenses shall be subiect to adiustment pursuant to
Subsection 3.2.1.1 below.
"Operating Expenses" shall mean the following costs and expenses
incurred in operating, repairing, and maintaining the Common
Facilities (as hereinafter defined) and shall include electrical
service, water service, sewer service, stormwater costs,
maintenance and repairs costs. and janitorial service to the Building
(including the Demised Premises).
"Common Facilities" shall mean all Building areas, spaces,
equipment, as well as certain services, available for use by or for
the benefit of Concessionaire and/or its employees, agents,
servants, volunteers, customers, guests and/or invitees.
Commencinq the fourth vear of the Term. irrespective krespe€ti\Fe
of the items listed above, amounts due by Concessionaire,
associated with Common Facilities Operating Expenses, will be
determined based on Concessionaire's pro-rata share of the items
more specifically described in "Exhibit 4.2.1", which is hereby made
a part of this Concession Agreement. Pro-rata share shall mean the
percent which the Concession Area bears to the total square
footage of leasable space within the Building, which share is hereby
agreed to be site{C96)-per€en+ 5.506%. Concessionaire agrees and
understands that the costs incurred for Operating Expenses may
increase or decrease and, as such, Concessionaire's pro-rata
share of Operating Expenses shall increase or decrease
accordingly.
Except as othenryise specifically amended herein, all other terms and conditions
of the Concession Agreement by and between the Landlord and Concessionaire
shall remain in full force and effect. ln the event there is a conflict between the
provisions provided herein and the Concession Agreement, the provisions of this
Amendment No. 1 to Concession Agreement shall govern.
[The remainder of this page has been left intentionally blank]
113
lN WITNESS WHEREOF, this Amendment has been duly executed by the
parties hereto as of the day and year first written above.
Attest:CITY OF MIAMI BEACH, FLORIDA
Rafael Granado, CITY CLERK Philip Levine, MAYOR
Attest:JEWISH COMMUNITY SERVICES OF
SOUTH FLORIDA, INC.
Signature Fred Stock, CEO
Print Name
Signature
Print Name
CORPORATE SEAL
(affix seal here)
FIRHCD\$ALL\ECON\$ALL\ASSET\6STREET.CTR\LEASES\JCS\JCS Concession - First Amendment DRAFT (10-10-14).docx
114
EXHIBIT 4.2.1
Operating Expenses
South Shore Community Center
833 6th Street
2013 Fiscal Year Operating Expenses (Total without Insurance)
Total
Cost
Per Leasable
Square Foot
Cost
Utilities Electricity
Water
Sewer
Stormwater (estimate)
Subtotal
49,263
3,454
2,95L
2,500
3.89
o.27
o.23
0.20
4.5958,172
lVlaintenance Janitorial
Elevator
Cooling Tower Treatment
Fire Services
Pest Control
Repairs & Maintenance
Subtotal
33,189
L,428
L,644
362
642
44,691
s 81,952
2.62
0.11
0.13
0.03
0.05
3.s3
6.47
nsurance Property lnsurance
Hurricane Exposure
Subtotal
-
s
Iotal Annual Operating Expenses S tco,tEs s 11.06
Footage Distribution
1st Floor
8,850
4,L98
2nd Floor
Area 3,826
990
4,816
L2,676
5,188
17,864
mon Area
Total 13,049
115
Exhibit J
LHANC - Lease Amendment
116
AMENDMENT NO. 1 TO LEASE AGREEMENT
This Amendment No. 1 to Lease Agreement is entered into this _ day of, 2014 by and between the CITY OF MIAMI BEACH, a Florida
municipal corporation, (hereinafter referred to as "City" or "Landlord"), and LITTLE
HAVANA ACTIVITIES & NUTRITION GENTERS OF DADE COUNTY, lNC., a Florida
not-for-profit corporation (hereinafter referred to as "Tenant").
WITNESSETH:
WHEREAS, on September 9, 2009, the Mayor and City Commission passed
Resolution No. 2009-27186, approving a Lease Agreement between the City and Little
Havana Activities & Nutrition Centers of Dade County, lnc. for the use of approximately
2,919 square feet of City-owned property, located on the 1't floor of the South Shore
Community Center (alkla the 6th Street Community Center or the "Building"), located at
833 Sixth Street, Miami Beach, Florida,33139; said lease having an initial term of four
(4) years and 364 days, commencing on October 2, 2009, and ending on September
30,2014: and
WHEREAS, on October 29, 2104, the Mayor and City Commission adopted
Resolution No. 2014--..- accepting the recommendation of the Finance and
Citywide Projects Committee and approving and authorizing the Mayor and City Clerk to
execute the following Amendment No. 1 to the Lease Agreement; and
NOW THEREFORE, the City and Tenant, for and in consideration of the mutual
covenants, agreements and undertakings herein contained, do by these presents
mutually covenant and agree to amend the Lease Agreement, as follows:
1. Section 1, entitled "Demised Premises", on Page 1 of the Lease Agreement, shalt
be amended (deleted items strua<:*reagh and inserted items underlinedl as
follows:
Approximately 2,919 square feet of leasable space on the l"tfloor
of the South Shore Community Center (a.k.a. the 6th Street
Community Center or the "Building"), located at 833 Sixth Street,
Miami Beach, Florida, 33139, and as more specifically delineated in
"Exhibit 1" "Exhibit 1-A", attached hereto and incorporated herein,
and approximatelv 7,002 square feet of exterior plavqround area.
located adiacent to the interior davcare space. and as more
specificallv delineated in "Exhibit 1-B". attached hereto and
incorporated herein.
Notwithstandinq the previous sentence. Tenant shall not be required to oav Rent
for the plavqround area.
117
2.Section 2, entitled "Term", on Pages 1-2 of the Lease Agreement, shall be
amended (deleted items stru*-t*reugh and inserled items underlinedl as
follows:
2.1 lt is the intent ef the parties that the term ef this tease Agreement,
ineluding any renewal terms; is te run eeneurrent with the term ef that
Havana Aetivities & Nutritien Centers ef Dade Geunty, lne,, dated r',t.,
tS, ZOgg (the "tet
have and te held the Demised Premises fer an initial term ef feur years (4)
years and three hundred sixty feur (36 l) days, eemmeneing en the 2d day
ef eeteber, 2009 (the "Gemmeneement Date"), and ending en the 30h day
@ Tenant shall be entitled to have and to hold the
ises for a term ivelv commenci
on the 1 of ,,
ber 2019. For purposes of this Lease
Agreement,
h€r€ift a "contract year" shall be defined as that certain period
commencing on the 1" dry of October, and ending on the 30th day of
September.
++in
Tenant eentinues te utilize the Demised Premises in aeeerdanee with the
ene(1) additienal five (5) year renewal- term, whieh renewal shall be
memerialized in writing and exeeuted by the parties herete (with the eiU
hereby autheri-ing the eity Manager te exeeute en behalf ef the Gity),
Netwithstanding the preeeding' within ninety (90) days prier te the
expiratien ef the initial term; the City Manager may eleet te re negetiate a
written
netiee ef sueh eleetien, lf; fellewing geed faith negetiatiens between the
anager
e eiU shall have ne further liability er
@
ieH+nder the tetter
eid and ef ne further feree
and effeet, Additienally; if; at any tirne during the term ef this tease
ef any legal feree and effeet; fer whatever reasen whatseever, then this
ull and veid
118
3.Section 3, entitled "Rent", on Pages 2-3 of the Lease Agreement, shall be
amended (deleted items etruek-*rsagh and inserted items underlinedl as
follows:
Additional Rent:
ln addition to the Base Rent, as set forth in Section 3.1, Tenant shall also
pay the following Additional Rent as provided below:
3.2.1 Operatino Expenses:
Tenant shall pay One Theusand Eight Hundred Sixty Seven
Bellars and 18/100 ($1,867,18) per menth, fer its preeertienate
share ef "Operating Expenses" whieh are defined as fellews;
Throuqhout the first vear of the Term. Tenant shall pav Two
Thousand One Hundred Fortv Three Dollars and 03/100
($2.143.03) per month. for its proportionate share of "Operatinq
Expenses" which are defined below. Throuqhout the second
vear of the Term. Tenant shall pav Two Thousand Four
Hundred Seventeen Dollars and 91/100 ($2.417.91) per month.
for its proportionate share of Operatinq Expenses. Throuqhout
the third vear of the Term, Tenant shall pav Two Thousand Six
Hundred Ninetv Two Dollars and 78/100 ($2.692.78) per month.
for its proportionate share of Operatinq Expenses. Thereafter.
the Operatinq Expenses shall be subiect to adiustment pursuant
to Subsection 3.2.1.1 below.
"Operating Expenses" shall mean the following costs and
expenses incurred in operating, repairing, and maintaining the
Common Facilities (as hereinafter defined) and shall include
electrical service, water service, sewer service, stormwater
costs, maintenance and repairs costs. and janitorial service to
the Building (including the Demised Premises).
"Common Facilities" shall mean all Building areas, spaces,
equipment, as well as certain services, available for use by or
for the benefit of Tenant and/or its employees, agents, servants,
volunteers, customers, guests and/or invitees.
3.2.1.1 Commencinq the fourth vear of the Term. irrespective
kr€spe€tive of the items listed above, amounts due by Tenant,
associated with Common Facilities Operating Expenses, will be
determined based on Tenant's pro-rata share of the items more
specifically described in "Exhibit 3.2.1", which is hereby made a
part of this Lease Agreement. Pro-rata share shall mean the
percent which the Demised Premises bears to the total square
footage of leasable space within the Building, which share is
hereby agreed to be 23.028o/o.
Tenant agrees and understands that the costs incurred for
Operating Expenses may increase or decrease and, as such,
3.2
119
4.
Tenant's pro-rata share of Operating Expenses shall increase or
decrease accordingly.
section 7, entitled "Use and Possession of Demised Premises", on page 5 of the
Lease Agreement, shall be amend ed (deleted items etraek-tAreugh and inserted
items underlinedt as follows:
7.4 Tenant shall be required to meet certain performance benchmarks more
specificallv described as follows:
Childcare Services: Maintain a roster of 74 children served on an
onqoinq basis (at least 95% of the children's parents shall be Miami
Beach residents or emplovees).
Except as othenvise specifically amended herein, all other terms and conditions
of the Lease Agreement by and between the Landlord and Tenant shall remain in
full force and effect. ln the event there is a conflict between the provisions
provided herein and the Lease Agreement, the provisions of this Amendment No.
1 to Lease Agreement shall govern.
[The remainder of this page has been intentionally left blank]
5.
120
lN WITNESS WHEREOF, this Amendment has been duly executed by the
parties hereto as of the day and year first written above.
Attest:CITY OF MIAMI BEACH, FLORIDA
Rafael Granado, CITY CLERK Philip Levine, MAYOR
Attest:LITTLE HAVANA ACTIVITIES AND
NUTRITION CENTER OF DADE
COUNTY, INC.
Signature Ramon Perez Dorrbecker, President
Print Name
Signature
Print Name
CORPORATE SEAL
(affix seal here)
FTRHCD\$ALL\ECON\$ALL\ASSET\6STREET.CTR\LEASES\LHANC\LHANC - First Amendment DRAFT (10-10-14).docx
121
EXHIBIT 1.A
Demised Premises (Daycare)
833 6th Street
1st Floor
122
EXHIBIT 1-B
Demised Premises (Playground)
833 6th Street
1st Floor
123
EXH|BIT 3.2.1
Operating Expenses
South Shore Community Center
833 5th Street
2013 Fiscal Year Operating Expenses (Total without lnsurance)
Total
Cost
Per Leasable
Square Foot
Cost
Utilities Electricity
Water
Sewer
Stormwater (estimate)
Subtotal
49,263
3,454
2,957
2,500
$ sg,ttz
3.89
0.27
0.23
0.20
4.59
Maintenance Janitorial
Elevator
Cooling Tower Treatment
Fire Services
Pest Control
Repairs & Maintenance
Subtotal
33,199
1,,428
7,644
362
642
44,69L
s 81,962
2.62
0.11
0.13
0.03
0.0s
3.53
5.47
nsurance Property lnsurance
Hurricane Exposure
Subtotal s s
Total Annual Operating Expenses s 140,135 s 11.05
Building Square Footage Distribution
Leasable Area
1st Floor
8,850
4,L99
13,048
2nd Floor
3,826
990
12,676
5,188
17,864
Area
otal 4,81.6
124
Exhibit K
UNIDAD - Lease Amendment
125
AMENDMENT NO. 1 TO LEASE AGREEMENT
This Amendment No. 1 to Lease Agreement is entered into this _ day of, 2014 by and between the CITY OF MIAMI BEACH, a Florida
municipal corporation, (hereinafter referred to as 'City" or "Landlord"), and UNIDAD OF
MIAMI BEACH, lNC., a Florida not-for-profit corporation (hereinafter referred to as
"Tenant").
WITNESSETH:
WHEREAS, on September g, 2009, the Mayor and City Commission passed
Resolution No. 2009-27186, approving a Lease Agreement between the City and
Jewish Community Services of South Florida, lnc. for the use of approximately 329
square feet of City-owned property located on the 1" floor, and approximately 3,826
square feet of City-owned property located on the 2no floor, of the South Shore
Community Center (atkta the 6th Street Community Center or the "Building"), located at
833 Sixth Street, Miami Beach, Florida,33139; said lease having an initial term of four
(4) years and 364 days, commencing on October 2, 2009, and ending on September
30,2014; and
WHEREAS, on October 29, 2104, the Mayor and City Commission adopted
Resolution No. 2014--.- accepting the recommendation of the Finance and
Citywide Projects Committee and approving and authorizing the Mayor and City Clerk to
execute the following Amendment No. 1 to the Lease Agreement; and
NOW THEREFORE, the City and Tenant, for and in consideration of the mutual
covenants, agreements and undertakings herein contained, do by these presents
mutually covenant and agree to amend the Lease Agreement, as follows:
1. Section 1, entitled "Demised Premises", on Page 1 of the Lease Agreement, shall
be amended (deleted items et+ue*-fhreagh and inserted items underlinedt as
follows:
1-A. Approximately 133 square feet of
storage space. ald approximatel
space. on ^,the l tt floor, of the S
(a.k.a. the 6th Street Community Center or the "Building"), located at
833 Sixth Street, Miami Beach, Florida, 33139, and as more
specifically delineated in "Exhibit 1-A", attached hereto and
incorporated herein; and
1-8. Approximately 3''826 564 square feet of leasable office space on
the 2no floor of the Building, and as more specifically delineated in
"Exhibit 1-B", attached hereto and incorporated herein.
2. section 2, entitled "Term", on Pages 1-2 of the Lease Agreement, shall be
126
3.
amended (deleted items struet<l*reagh and inserted items underlinedl as
follows:
2.1 Tenant shall be entitled te have and to l'rold tha llamisacl Preminnn for an
d endino on the
For purposes of this Lease Agreement, ieq
h a "contract year" shall be defined as that
certain period commencing on the 1" day of October, and ending on the
30'n day of September.
Tenant is in
@ free frem default(s) under Seetien 18 hereef, and (ii)
Tenant eentinues te utilize the Demised Premises in aeeerdanee with the
fer ene(1) additienal five (5) year renewal term, whieh renewal shall be
memeria+izeC in writing and ex ity
hereby autherizing the City Manager te exeeute en behalf ef the City).
Netwithstanding the preeeding, within ninety (90) days prier te the
expiratien ef the initial term; the efty Manager may eleet te re negetiate a
reasenable inerease in the Rent; and shall previde Tenant with written
netiee ef sueh eleetien, lf; fellewing geed faith negetiatiens between the
the eity Manager
ity er@
nder the tetter
Agreement shall
her feree
and effeet, Additienally; if; at any time during the term ef this tease
ef any legal feree and effeet; fer whatever reasen whatseever, then this
and ef ne further feree and effeet,
Section 3, entitled "Rent", on Pages 2-3 of the Lease Agreement, shall be
amended (deleted items s#aa++Areugh and inserted items underlinedl as
follows:
3.2 Additional Rent:
ln addition to the Base Rent, as set forth in Section 3.1, Tenant shall also
pay the following Additional Rent as provided below:
Tenant shall be entitled te have and te held the Demised Premises fer an
nd to hold a term of five (5
127
4.
3.2.1 Operating Expenses:
Tenant shall pa., One Theusand Eight Hundred Sixty Seven
Dellars and 18/100 ($1,867,18) per menth, fer its nrepertienate
share ef "Operating Expenses" whieh are defined as fellews:
Throuqhout the first vear of the Term, Tenant shall pav One
Thousand Five Hundred Twentv Eiqht Dollars and 54/100
($1,528.54) per month. for its proportionate share of "Operatinq
Expenses" which are defined below. Throuqhout the second
vear of the Term. Tenant shall pav One Thousand Seven
Hundred Twentv Four Dollars and 59/100 ($1.724.59) per
month. for its proportionate share of Operatinq Expenses.
Throuohout the third vear of the Term. Tenant shall pav One
Thousand Nine Hundred Twentv Dollars and 65/100 ($1 .920.65)
per month. for its proportionate share of Operatinq Expenses.
Thereafter. the Operatinq Expenses shall be subiect to
adiustment pursuant to Subsection 3.2.1.1 below.
"Operating Expenses" shall mean the following costs and
expenses incurred in operating, repairing, and maintaining the
Common Facilities (as hereinafter defined) and shall include
electrical service, water service, sewer service, stormwater
costs, maintenance and repairs costs. and janitorial service to
the Building (including the Demised Premises).
"Common Facilities" shall mean all Building areas, spaces,
equipment, as well as certain services, available for use by or
for the benefit of Tenant and/or its employees, agents, servants,
volunteers, customers, guests and/or invitees.
3.2.1.1 Commencinq the fourth vear of the Term, irrespective
k+esp€€ti\re of the items listed above, amounts due by Tenant,
associated with Common Facilities Operating Expenses, will be
determined based on Tenant's pro-rata share of the items more
specifically described in "Exhibit3.2.1", which is hereby made a
part of this Lease Agreement. Pro-rata share shall mean the
percent which the Demised Premises bears to the total square
footage of leasable space within the Building, which share is
hereby agreed to be @ 16.425%. Tenant
agrees and understands that the costs incurred for Operating
Expenses may increase or decrease and, as such, Tenant's
pro-rata share of Operating Expenses shall increase or
decrease accordingly.
Section 7, entitled "Use and Possession of Demised Premises", on Page 5 of the
Lease Agreement, shall be amended (deleted items str*+Are@ and inserted
items underlinedt as follows:
128
7.1 The Demised Premises shall be used by the Tenant solely for the
purpose(s) of storage space (4.A) and administrative offices ({-B) for the
Miami Beaeh One Step eareer Center and Seuth Flerida Werkferee
its Refuqee Emplovment & Traininq Proqram
and its Children's Trust Afterschool Proqrams. Additionallv. Tenant shall
be permitted. but not required, to implement an lmmiqration Service
Program. Tenant also provides information and referral services on a
walk-in basis. Said Premises shall be open for operation a minimum of
five (5) days a week, with minimum hours of operation being as follows:
Monday - Friday:8:00 AM to 5:00 PM
Nothing herein contained shall be construed to authorize hours contrary to
the laws governing such operations.
7.4 Tenant shall be required to meet certain performance benchmarks more
specificallv described as follows:
Refuqee Emplovment & Traininq: 120 -150 participants (at least
70% shall be Miami Beach residents).
Children's Afterschool Proqrams: 74 - 100 participants (100% shall
be Miami Beach residents).
Except as othenrvise specifically amended herein, all other terms and conditions
of the Lease Agreement by and between the Landlord and Tenant shall remain in
full force and effect. ln the event there is a conflict between the provisions
provided herein and the Lease Agreement, the provisions of this Amendment No.
1 to Lease Agreement shall govern.
[The remainder of this page has been intentionally left blank]
5.
129
lN WITNESS WHEREOF, this Amendment has been duly executed by the
parties hereto as of the day and year first written above.
Attest:CITY OF MIAMI BEACH, FLORIDA
Rafael Granado, CITY CLERK Philip Levine, MAYOR
Attest:UNIDAD OF MIAMI BEACH, INC.
Signature Margarita Cepeda, Executive Director
Print Name
Signature
Print Name
CORPORATE SEAL
(affix seal here)
F:\RHCD\$ALL\ECON\$ALL\ASSET\6STREET.CTR\LEASES\UNIDAD\UNIDAD - First Amendment DRAFT (10-10-14).docx
130
EXHIBIT 1.A
Demised Premises
833 6th Street
1st Floor
131
EXHIBIT 1.8
Demised Premises
833 6th Street
1st Floor
i I l!lr
UIH
!
u
=i
oro
F
U
i
"nr
.-i L' .
urf
a)
=a
rts
132
EXHIBTT 3.2.1
Operating Expenses
South Shore Community Center
833 5th Street
2013 Fiscal Year Operating Expenses (Total without lnsurance)
Total
Cost
Per Leasable
Square Foot
Cost
Electricity
Water
Sewer
Stormwater (estimate)
Subtotal
49,263
3,454
2,957
2,500
3.89
0.27
0.23
0.20
4.5958,172
Maintenance Janitorial
Elevator
Cooling Tower Treatment
Fire Services
Pest Control
Repairs & Maintenance
Subtotal
33,189
L,428
I,644
362
642
44,691
2.62
0.11
0.13
0.03
0.0s
3.s3
6.478L,962
lnsurance Property lnsurance
Hurricane Exposure
Subtota!5-s
Total Annua! Operating Expenses s 140,13s s rr.os
Building Square Distribution
1st Floor
8,850
2nd Floor
3,826
990
4,9L6
T
Leasable Area 12,676
5,199
77,864
mmon Area 4.198
otal 13,048
133
I{lA},ll HERALD I MiamiHerald,com
r,-. -d-. *
--,-
*-n@ ltli . x:t5
.,*; r-.I !_4
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEABING
NOfrcE $ HEREBY given that the following public
hearings will be heard by the Mayor and City
Commission of the City sf Miami Beach, Florida, in
the Commission Chambers, Srd Floor, City Hall, 1700
Convention Center Drive, Miami Beach, Florida, on
Wodn*sday, October 29,2O1*, or as soon thereafter
as the mafier can be heard. to consider:
5120 p.m.
A Resolution Following A Duly Advertised Public
Hearing, Waiving, By Sfth Vote, The Competitive
Eidding Requirement. As Permitted Under Section
82-39(A) Of The City Code; Finding Said WaiverTo Be
lnThe Sest lnterest Of The City; And Approving And
Authorizing The Mayor And City Clerk To Execute
A Lease Agreernent Between The City ("Landlord")
And South Florida Workforce lnvestrnent Board
{"Tenant"}, For Lease Of Office Space At The City
Owned Building Located At 833 6th Street, Miami
Beadr, Florida, Consisting Of 3,263 Square Feet, To
Prsvide Workforce $ervices; Said Lease Having A
Term Of Five {5}Years,WithoutAny Renewal Options,
frotroactively Commencing October 1, 2014 And
Ending September 30, 2019. lnquiries may be directed
to the Tburism, Cutture, and Economic Davelopment
Depanment at 305.673.7572
INTERESTEO PARTIES are invited to appear at
this meeting, or be represented by an agent, or to
express their views in writing addressed to the Cify
Comrnission, c/o the City Clerk, 1700 Convention
Center Drive, 1"'Floor, City Hall. Miami Beach, Florida
33139. This item is available for public inspection
during normal business hours in the City Clerk's
Office, 1700 Convention Center Drive. 1ur Floor. Ciiy
Hall, Miami Beach, Florida 33139. This meeting, or
any item herein, may be continued, and under such
circumstances. additional legal no:ice need not be
provided,
Pursuant to $ection 286.0105, Fla. $tat., the City
hereby advises the public that if a person decides to
appeal any decision made by the City Commission
with respect to any matter considered 6t its meetingor its hearing, suclr person must snsure that a
verbatim record of ihe proceedings is made, which
record includes the testimony and evidence upon
which lhe appeal is to be based.This notice does not
constitute consent by the City for the introduction or
admission of otherwise inadmissible or irelevant
evidence, nor does it authorize challenges or appeals
not othen rise allowed by taw.
To request this material in accessible formai, sign
language ;nterpreters, information on access for
persons with disabilities and/or any accommodationto review any document or participate in any
Ciry-sponsured proceeding, please contact us *ve
daye in advance at 305.673.7411tvoice) orTTY ussrs
may also call the Florida Relay Service ar 711.
Rafael E. Granado, City Clerk
City of Miami Beach
Ad 949
134
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135