99-23250 RESO
RESOLUTION NO. 99-23250
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING FOR
SEPTEMBER 14, 1999 TO CONSIDER A LEASE AGREEMENT BETWEEN
THE CITY OF MIAMI BEACH AND THE HOLOCAUST MEMORIAL
COMMITTEE, INC., TO OPERATE AND MAINTAIN THE HOLOCAUST
MEMORIAL SITE LOCATED AT THE SOUTHEAST CORNER OF
MERIDIAN A VENUE AND DADE BOULEVARD ON MIAMI BEACH.
WHEREAS, the Holocaust Memorial Committee, Inc. (the Committee), a not-for-profit corporation,
previously entered into an Agreement with the City, dated July 31, 1987, to construct and operate a Holocaust
Memorial at the southeast corner of Meridian Avenue and Dade Boulevard; and
WHEREAS, on January 23, 1991, and on February 5, 1992, the Committee and the City executed
a First and Second Amendment, respectively, to the Agreement to provide for certain changes in the
membership to the Committee's Board of Trustees; and
WHEREAS, on July 28, 1993, the Committee and the City executed a Third Amendment that set
forth each of the parties' financial responsibilities with respect to the Agreement; and
WHEREAS, the parties now seek to negotiate a long-term Lease Agreement that will set forth the
Committee and the City's respective responsibilities with respect to the ongoing maintenance and operation
of the Memorial; and
WHEREAS, pursuant to the provisions of Ordinance No. 92-2783 (Shapiro Ordinance), the lease of
any City-owned property for a period of more than five (5) years, including option periods, is subject to a
public hearing and shall be advertised no less than fifteen (15) days in advance of said hearing; and
WHEREAS, the Administration would recommend that the Mayor and City Commission call a public
hearing, to be set for September 14, 1999, to consider a Lease Agreement between the City of Miami Beach
and the Holocaust Memorial Committee, Inc.
NOW, THEREFORE, BE IT nUL Y RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission
set a public hearing on September 14, 1999, at 3:00 p.m., to be held at City Hall 3rd Floor (in the City
Commission Chambers), 1700 Convention Center Drive, Miami Beach, Florida, to consider a Lease
Agreement between the City of Miami Beach and the Holocaust Memorial Committee, Inc., to operate and
maintain the Holocaust Memorial, located at the southeast corner of Meridian Avenue and Dade Boulevard
on Miami Beach.
PASSED and ADOPTED this 21 s t day of July, 1999.
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MAYOR
ATTEST:
hb~J f ~
CITY CLERK
APPROVED AS l ()
FORM & LANGUAGE
& FOR EXECUTION
SR/CMC/rar
T:IAGENDA 11999VUL2199ICONSENTIHOLOMEM.RES
~-~
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.f1.us
COMMISSION MEMORANDUM NO.
5~ 7 -G~
TO:
Mayor Neisen O. Kasdin and
Members of the City Commission
Sergio Rodriguez ;1 V 1 (
City Manager f ~
DATE: July 21,1998
FROM:
SUBJECT:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING ON
SEPTEMBER 8, 1999 TO CONSIDER A LEASE AGREEMENT BETWEEN
THE CITY OF MIAMI BEACH AND THE HOLOCAUST MEMORIAL
COMMITTEE, INC., TO OPERATE AND MAINTAIN THE HOLOCAUST
MEMORIAL SITE LOCATED AT THE SOUTHEAST CORNER OF
MERIDIAN AVENUE AND DADE BOULEVARD ON MIAMI BEACH.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
BACKGROUND
The Holocaust Memorial Committee, Inc. (the "Committee"), a not-for-profit corporation, previously
entered into an Agreement with the City of Miami Beach (the "City") dated July 31, 1987, to
construct and operate a Holocaust Memorial at the southeast comer of Meridian Avenue and Dade
Boulevard. Upon completion of the improvements, the Committee tendered the improvements to
the City by a Bill of Sale and the City accepted said donation.
On January 23, 1991, and on February 5, 1992, the Committee and the City executed a first and
second amendment to the Agreement, respectively, to provide for certain changes in the membership
to the Committee's Board of Trustees.
On July 28, 1993, the Committee and the City executed a third amendment that provided the
following:
· the City would pay for all water, electricity and gas consumed on the premises
· the Committee would be responsible for all telephone charges of the premises
· the Committee would be responsible for all costs of security at the Memorial when it is open
and the City would be responsible for such costs when the Memorial is closed
· the Committee agreed to deposit $250,000 required pursuant to the Agreement
· the Committee agreed to be responsible for maintenance of the premises
· the City agreed to provide general liability coverage through the City's Self Insurance
Program and to purchase all risk property damage coverage insuring the Memorial at a cost
not to exceed $10,000.
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AGENDA ITEM
DATE
c,c
1-21-'1'1
Holocaust Memorial
July 21, 1999
Commission Memorandum
Page 2
ANALYSIS
Given the unique nature of the use of this property and the fact that there is an existing Agreement
that governs the maintenance and operation of the Holocaust Memorial, a long term lease agreement
is deemed to be a logical means to convey the premises and pass through the costs of continued
maintenance and operation of the premises to the Committee. The City has been assuming
approximately $40,000 in annual security costs, $4,000 in annual electricity charges, $8,000 in
annual water and sewer charges and $2,500 in annual insurance premiums. The lease will set forth
the Committee's and the City's responsibilities with respect to such financial obligations going
forward.
Pursuant to the provisions of City Ordinance 92-2783 (Shapiro Ordinance), the lease of any City-
owned property for a period of more than five years, including option periods, is subject to the
following conditions:
· a Planning Department analysis
· a public bidding process
· an independent appraisal to determine the value of the leasehold interest
· a public hearing to obtain citizen input
Said Ordinance further, provides that except for the Planning Department Analysis and the public
hearing, the above referenced conditions may be waived by a 5/7ths vote of the City Commission
upon a finding that the public interest would be served by waiving such conditions. Ordinance No.
92-2783 states, in Section 2, that prior to the sale or lease of City property, the City Commission
must have a public hearing, advertised not less than 15 days prior to the hearing, to obtain citizen
input. The attached resolution calls for a public hearing to be set on September 7, 1999.
CONCLUSION
The Mayor and City Commission should set a public hearing on September 8, 1999, at 3:00 p.m.,
to consider public comment regarding a lease agreement with the Holocaust Memorial Committee,
Inc. for the lease of the property located at the southeast comer of Meridian Avenue and Dade
Boulevard on Miami Beach.
~l
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Attachment
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