Agreement
CITY OF
MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLOF11DA 33139
OFFICE OF THE CITY MANAGER
TELEPHONE: (305) 673-7010
FAX: (305) 673-7782
Robert Saland
Affordable Landmarks, Inc.
1130 Washington Avenue, 4th Floor
Miami Beach, Florida 33139
RE: Lease Agreement dated October 15, 1993, by and between Affordable
Landmarks, Inc. and the City of Miami Beach for the office space on the 4th
Floor of Historic City Hall, located at 1130 Washington Avenue, Miami Beach,
Florida (Demised Premises)
SETTLEMENT AGREEMENT
WHEREAS, the Second Option to renew the Lease Agreement was not exercised by
Affordable Landmarks, Inc.(Affordable). The Lease Agreement between the parties terminated on
March 16, 1997, and Affordable was allowed to remain in the premises as a Tenant-at-Will until
September 30, 1998. On October 1, 1998, Affordable and any sub-tenants of Affordable became a
Tenant-at-Sufferance. The City of Miami Beach as Landlord is entitled to immediate possession of
the Demised Premises.
WHEREAS, for and in settlement of all issues raised, or to be raised, in the above matter,
the City of Miami Beach will submit to the Mayor and City Commission for approval a modified
Lease Agreement with the Affordable, for the fourth (4th) floor of Old City Hall, as set forth below,
at the prorata rental Affordable would have paid for the fourth (4th) floor portion ofthe Premises
under the October 15, 1993, Lease Agreement and second option; the following terms shall be
applicable:
a. The term of the new Lease shall commence as of October 1, 1998, and shall
terminate as of 5 p.m., June 15, 2000.
b. All provisions of the 1993 Lease Agreement, which are not inconsistent with this
paragraph, shall be adopted and are incorporated into the new Lease Agreement for
the fourth (4th) floor.
c. As a condition precedent to the entering of the new Lease Agreement, Affordable
shall pay its proportionate share of all real estate taxes on the fourth (4th) floor,
through and including 1998. Affordable will receive credit for payments evidenced.
d. Within 30 days of this Settlement Agreement, Affordable shall submit as-built plans
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for any improvements which have been installed within the Demised fourth (4th)
floor Premises.
e. If Affordable desires to terminate the new Lease before June 15,2000, it may do so,
provided that Affordable gives written notice to the City's Asset Manager, and
obtains a written receipt therefore at least 60 days prior to the desired termination.
f. At this time the City has announced its intention to take possession of the fourth (4th)
floor Premises on June 15,2000, at 5:01 p.m.. If for any reason, the City does not
require the use of said fourth (4th) floor Premises, and Affordable obtains a written
acknowledgment from the City's Asset Manager on or before May 1,2000, that the
City does not require the use of said fourth (4th) floor Premises; then Affordable can
remain in the Premises as a Tenant-at-Will, on a month to month basis, under the
same terms and conditions, subject to a 60 day written notice of termination by the
City.
g. Upon written notification by the City of any default of the new Lease Agreement,
Affordable shall have 10 days within which to cure said default.
IN WITNESS WHEREOF, the parties hereto have caused this Settlement Agreement to
be executed by their appropriate officials, as of this ).fo (h. day of A-'J v 5" r , 1999.
CITY OF MIAMI BEACH, FLORIDA
22
Witness
By:
AFFORDABLE LANDMARKS, INC.
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Robert Saland
President
APPROVED AS TO
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& FOR EXECUTION
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RESOLUTION NO.
99-23024
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, APPROVING A
SETTLEMENT WITH FRANKEL AND ASSOCIATES, INC., AS
REFERENCED IN THE A IT ACHED CORRECTED AGREED ORDER,
FOR THE CONTINUED USE OF THE 8TH FLOOR OFFICE SPACE
AT HISTORIC CITY HALL, LOCATED AT 1130 WASHINGTON
A VENUE, UNTIL JUNE 15, 2000, SUBJECT TO THE TERMS AND
CONDITIONS OF THE PREVIOUSL Y EXISTING LEASE
AGREEMENT BETWEEN THE CITY AND FRANKEL AND
ASSOCIATES, INC., DATED MARCH 15, 1987, AS AMENDED;
FURTHER APPROVING A SIMILAR SETTLEMENT WITH
AFFORDABLE LANDMARKS, INC., FOR THE CONTINUED USE OF
THE 4TH FLOOR OFFICE SPACE AT HISTORIC CITY HALL,
UNTIL JUNE 15,2000, SUBJECT TO THE TERMS AND CONDITIONS
OF THE PREVIOUSLY EXISTING LEASE AGREEMENT BETWEEN
THE CITY AND AFFORDABLE LANDMARKS, INC., DATED
OCTOBER 15, 1993, AS AMENDED; AND FURTHER AUTHORIZING
THE CITY MANAGER TO EXECUTE ALL DOCUMENTS RELATED
TO THE RESPECTIVE SETTLEMENTS
WHEREAS, the City and Frankel and Associates, Inc. previously entered into a Lease
Agreement, dated March 15, 1987, for the 7th and 8th floor office spaces at Historic City Hall,
located at 1130 Washington Avenue, Miami Beach, Florida; and
WHEREAS, the Lease term expired on March 14, 1997, and Frankel and Associates, Inc.
failed to timely exercise its option to extend said Lease, and the City properly notified Frankel and
Associates, Inc. that the Lease had been so terminated; and
WHEREAS, Frankel and Associates, Inc. thereupon filed an action against the City, seeking
declaratory relief through the Court, and the City properly responded to said Complaint; and
WHEREAS, in lieu of continued litigation, and in an effort to amicably reach a resolution,
the Administration and Frankel and Associates, Inc. have mutually agreed to the terms of the
attached Corrected Agreed Order (Exhibit I); and
WHEREAS, the City and Affordable Landmarks, Inc. previously entered into a Lease
Agreement, dated October 15, 1993, for the 4th floor office space at Historic City Hall; and
WHEREAS, the Lease term expired on October 14, 1998, and Affordable Landmarks, Inc.
also failed to timely exercise its option to extend said Lease; and
WHEREAS, in light of the settlement agreed to with Frankel and Associates, Inc. the
Administration recommends that Affordable Landmarks, Inc. receive similar consideration; and
WHEREAS, the Administration and Affordable Landmarks, Inc. have mutually agreed to
the terms of the attached Settlement Agreement (Exhibit 2); and
WHEREAS, the Administration recommends that the settlements with Frankel Associates,
Inc. and Affordable Landmarks, Inc., respectively, be approved; and
WHEREAS, on December 22, 1998, the Finance and Citywide Projects Committee
considered the matter and concurs with the Administration's recommendations, as set forth herein.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the settlement with
Frankel and Associates, Inc., as referenced in the attached Corrected Agreed Order, for the continued
use of the 8th floor office space at Historic City Hall, located at 1130 Washington Avenue, until
June 15, 2000, subject to the terms and conditions of the previously existing Lease Agreement
between the City and Frankel and Associates, Inc., dated March 15, 1987, as amended, be approved;
and that a similar settlement with Affordable Landmarks, Inc. for the continued use of the 4th floor
office space at Historic City Hall until June 15, 2000, subject to the terms and conditions of the
previously existing Lease Agreement between the City and Affordabl~ Landmarks, Inc., dated
October 15, 1993, as amended, be approved; and further, that the City Manager be authorized to
execute all documents related to the respective settlements.
PASSED AND ADOPTED this 6 day of January, 1999.
ATTEST:
CITY CLERK
~~
MAYOR
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APPROVED p.S TO
FORM & LANGUAGE
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~ITY OF MIAMI BEACH
ITY HAll 1700 CONVENTION CENTER DRIVE MIAMI BEACH. FLORIDA 33139
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TO:
FROM:
SUBJECT:
COMMISSION MEMORANDUM NO. ~
Mayor Neisen O. Kasdin and
Members of the City Commission
DATE: January 6.1999
Sergio Rodriguez
City Manager
A RESOLUTION APP VING A SETTLEMENT WITH FRANKEL AND
ASSOCIATES, INe., AS REFERENCED IN THE A IT ACHED CORRECTED
AGREED ORDER, FOR THE USE OF THE 8TH FLOOR OFFICE SPACE
AT HISTORIC CITY HALL, LOCATED AT 1 no WASHINGTON A VENUE,
UNTIL JUNE 15,2000, SUBJECT TO THE TERMS AND CONDITIONS OF
THE PREVIOUSLY EXISTING LEASE AGREEMENT BETWEEN THE
CITY AND FRANKEL AND ASSOCIATES, INC., DATED MARCH 15, 1987,
AS AMENDED; FURTHER APPROVING A SIMILAR SETILEMENT WITH
AFFORDABLE LANDl\tIARKS, INC. FOR THE USE OF THE 4TH FLOOR
OFFICE SPACE AT HISTORIC CITY HALL UNTIL JUNE 15, 2000,
SUBJECT TO THE TERMS AND CONDITIONS OF THE PREVIOUSLY
EXISTING LEASE AGREEMENT BETWEEN THE CITY AND
AFFORDABLE LANDMARKS, INC., DATED OCTOBER 15, 1993, AS
AMENDED; AND FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE ALL DOCUMENTS RELATED TO THE RESPECTIVE
SETTLEMENTS
ADMINISTRA TION RECOMMENDATION:
Adopt the Resolution.
BACKGROUND:
On November 18, 1998, the City Commission referred the Status Report on City-o\\med properties
which are leased to other entities (City as lessor) and privately o\\med properties which are leased
by the City (City as Lessee) to the Finance and Citywide Projects Committee. (Status report
attached.) .
The Finance and Citywide Projects Committee met on December 22, 1998, and referred the action
items requested in the status report back to the City Commission. Two of the issues addressed by
the Committee related to the settlements between the City and Frankel and Associates. Inc., and the
City and Affordable Landmarks, Inc. The issues are as follows:
Continued.....
Frankel and Associates' lease of the 7th and 8th Floor expired and they failed
to exercise their 2nd renewal option. Fnmkel filed an action for declaratory
AG ENDA ITEM
DATE
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relief against the City. A settlement proposal was reached that requires that
Frankel relinquish and vacate the 7th Floor and retain use ofthe 8th floor space
until June of2000.
Affordable Landmark's lease ofthe 4th Floor expired and they failed to exercise
their renewal option. A proposed settlement provides that Affordable retain use
of the 4th floor space until June of 2000.
ANAL YSIS:
The Finance and Citywide Projects Committee concurred with the recommendations of the
Administration to approve the settlements with Frankel and Associates, Inc. and Affordable
Landmarks, Inc. in order to conclude the pending litigation/eviction related to the respective Lease
Agreements. Said settlements would require that:
· Frankel and Associates vacate its 7th floor office space within 30 days, and permit
them to remain in the 8th floor office space until June 15,2000, subject to the terms
and conditions of the previously existing Lease Agreement ($ 7.29 per square foot,
plus a proportionate share of common area maintenance costs and operating
expenses).
· Affordable Landmarks would retain use of the 4th floor space until June 15, 2000,
subject to the terms and conditions of the previously existing Lease Agreement
($13.02 per square foot, plus a proportionate share of common area maintenance
costs and operating expenses).
CONCLUSION:
It is recommended that the City Commission adopt the Resolution approving the settlement with
Frankel and Associates, Inc., as referenced in the attached Corrected Agreed Order, related to its use
of the 8th floor office space at Historic City Hall, further approving a similar settlement with
Affordable Landmarks, Inc. related to its use of the 4th floor office space at Historic City Hall, and
authorizing the City Manager to execute all documents related to each of the respective settlements.
SR:CMC:JD:.r,dl/
Attachments {~
T:\AGENDA \ 1999VAN0699\REGULAR\FRANAFFO.MEM 12/28/98.4
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IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT
IN AND FOR MIAMI-DADE COUNTY, FLORIDA
FRANKEL & ASSOCIATES, INC.,
a Florida corporation,
General Jurisdiction Division
Case No. 98-21707 CA 09
Plaintiff,
vs.
THE CITY OF MIAMI BEACH,
a municipal corporation,
Defendant.
/
CORRECTED AGREED ORDER
This cause CaMe on for hearing on Plaintiff's Emergency Motion for Mandatory Injunctive
Relief, and the Court having been advised that the Parties have stipulated and agreed to the herein
order, it is
ORDERED and ADJUDGED:
1. That the Second Option to renew the Lease Agreement was not exercised by the
Plaintiff The Lease Agreement between the parties terminated on March 16, 1997, and Plaintiff
was allowed to remain in the premises as a Tenant-at-WilI until September 30, 1998. On October
I, 1998, Plaintiff and any sub-tenants of the Plaintiff became a Tenant-at-Sufferance. The City
of Miami Beach as Landlord is entitled to immediate possession of the demised premises.
2. For and in settlement of aU defensive issues raised in the above matter, the City
of Miami Beach will submit to the Commission for approval a new lease agreement with the
Plaintiff, for the eighth (8th) floor of Old City Hall, at the prorata rental Plaintiff would have
paid for the eighth (8th) floor portion of the premises under the 1987 Lease Agreement and
second option; the following terms shall be applicable:
a. The term of the new lease shall commence as of October 1, 1998 and shall
terminate as of 5 p.m., June 15, 2000.
b. All provisions of the 1987 Lease Agreement, which are not inconsistent with this
paragraph, shall be adopted and are incorporated into the new lease agreement for the eighth (8th)
Exhibit 1
Case No. 98-21707 CA 09
floor.
c. As a condition precedent to the entering of the new lease agreement, Plaintiff shall
pay its proportionate share of all real estate taxes on the eighth (8th) floor through and including
1998; Plaintiff shall pay its proportionate share of all real estate taxes on the seventh (7th) floor
through and including September 30, 1998. Plaintiff will receive credit for payments evidenced.
d. Within 30 days of this Agreed Order, Plaintiff shall submit as-built plans for any
improvements which have been installed within the demised eighth (8th) floor premises.
e. If the Plaintiff desires to terminate the new lease before June 15, 2000, it may do
so, provided that Plaintiff gives written notice to the City's Asset Manager, and City Manager
and obtains a written receipt therefore at least 60 days prior to the desired termination.
f. At this time the City has announced its intention to take possession of the eighth
(8th) floor premises on June 15,2000 at 5:01 p.m., if for any reason, the City does not require
the use of said eighth (8th) floor-premises, and the Plaintiff obtains a written acknowledgment
from the City's Asset Manager on or before May I, 2000 that the City does not require the use
of said eighth (8th) floor premises; then the Plaintiff can remain in the premises as a Tenant-at-
Will on a month to month basis under the same terms and conditions, subject to a 60 day written
notice of termination by the City.
g. Plaintiff is not financially responsible for the Business License fees of any of it
sub-tenants. The payment of said fees are not a condition of the new lease agreement. However,
all subtenants must have obtained consent of the Administration and City Commission and shall
meet all government requirements including but not limited to Business Licenses. Failure to
obtain Consent for Sub-leases and a Sub- Tenant's failure to obtain current Business License shall
be considered a material breach of the new lease agreement.
h. Upon written notification by the City of any default of the New Lease Agreement,
Plaintiff shall have 10 days within which to cure said default.
3. The Motion for Emergency Injunctive Relief is denied. Plaintiff takes a voluntary
dismissal of its complaint with prejudice.
4. The City of Miami Beach is hereby awarded a Judgement of Possession against
the Plaintiff as to any rights and/or possessory interest for the seventh (7th) floor, of Historic
City Hall located at 1130 Washington Avenue, Miami Beach, Florida. Upon written request of
Case No. 98-21707 CA 09
the City of Miami Beach a Writ of Possession directed to the Plaintiff and all those who claim
any interest by, through, or by virtue of the Plaintiff or sub-tenant of the Plaintiff shall issue
directing the Sheriff of Miami-Dade County to place the City of Miami Beach in possession of
the seventh (7th) floor.
5. This Court retains jurisdiction to enforce the terms and conditions of this Agreed
Order. Each of the parties shall be responsible for its ovm costs and fees.
Done and Ordered in Chambers this 2-1 day of December, 1998.
fHOMAS S. W~LSON, Jr.
Copies provided Counsel
Circuit Judge
3
CITY OF
MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER
TELEPHONE: (305) 673-7010
FAX: (30S) 673-7782
Robert Saland
Affordable Landmarks, Inc.
1130 Washington Avenue, 4th Floor
Miami Beach, Florida 33139
RE: Lease Agreement dated October 15, 1993, by and between Affordable
Landmarks, Inc. and the City of Miami Beach for the office space on the 4th
Floor of Historic City Hall, located at 1130 W ashington Avenue, Miami Beach,
Florida (Demised Premises)
SETTLEMENT AGREEMENT
WHEREAS, the Second Option to renew the Lease Agreement was not exercised by
Affordable Landmarks, Inc.(Affordable). The Lease Agreement between the parties terminated on
March 16, 1997, and Affordable was allowed to remain in the premises as a Tenant-at- Will until
September 30, 1998. On October I, 1998, Affordable and any sub-tenants of Affordable became a
Tenant-at-Sufferance. The City of Miami Beach as Landlord is entitled to immediate possession of
the Demised Premises.
WHEREAS, for and in settlement of all issues raised, or to be raised, in the above matter,
the City of Miami Beach will submit to the Mayor and City Commission for approval a modified
Lease Agreement with the Affordable, for the fourth (4th) floor of Old City Hall, as set forth below,
at the prorata rental Affordable would have paid for the fourth (4th) floor portion of the Premises
under the October 15, 1993, Lease Agreement and second option; the following terms shall be
applicable:
a. The term of the new Lease shall commence as of October I, 1998, and shall
terminate as of 5 p.m., June 15, 2000.
b. All provisions of the 1993 Lease Agreement, which are not inconsistent with this
paragraph, shall be adopted and are incorporated into the new Lease Agreement for
the fourth (4th) floor.
c. As a condition precedent to the entering of the new Lease Agreement, Affordable
shall pay its proportionate share of all real estate taxes on the fourth (4th) floor,
through and including 1998. Affordable will receive credit for payments evidenced.
d. Within 30 days of this Settlement Agreement, Affordable shall submit as-built plans
Exhibit 2
for any improvements which have been installed within the Demised fourth (4th)
floor Premises.
e. If Affordable desires to terminate the new Lease before June 15,2000, it may do so,
provided that Affordable gives written notice to the City's Asset Manager, and
obtains a written receipt therefore at least 60 days prior to the desired termination.
f. At this time the City has announced its intention to take possession of the fourth (4th)
floor Premises on June 15,2000, at 5:01 p.m.. If for any reason, the City does not
require the use of said fourth (4th) floor Premises, and Affordable obtains a written
acknowledgment from the City's Asset Manager on or before May 1,2000, that the
City does not require the use of said fourth (4th) floor Premises; then Affordable can
remain in the Premises as a Tenant-at-Will, on a month to month basis, under the
same terms and conditions, subject to a 60 day written notice of termination by the
City.
g. Upon written notification by the City of any default of the new Lease Agreement,
Affordable shall have 10 days within which to cure said default.
IN WITNESS WHEREOF, the parties hereto have caused this Settlement Agreement to
be executed by their appropriate officials, as of this_ day of , 1999.
CITY OF MIAMI BEACH, FLORIDA
By:
Witness
Sergio Rodriguez
City Manager
Witness
AFFORDABLE LANDMARKS, INC.
By:
Witness
Robert Saland
President
Witness
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
F:\DDHP\SALL \ASSE1IOLDCITY\AFFORDAB\SETILEMN .AG R
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