HomeMy WebLinkAbout2004-25720 Reso
RESOLUTION NO.
2004-25720
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING A
SECOND AMENDMENT TO THAT CERTAIN AMENDED AND
RESTATED/CONSOLIDATED LEASE AGREEMENT BY AND
BETWEEN THE CITY OF MIAMI BEACH AND THE MIAMI
BEACH JEWISH COMMUNITY CENTER, INC. (JCC), FOR A
PARCEL OF LAND AND FACILITIES LOCATED AT 4221 -
4229 PINE TREE DRIVE, MIAMI BEACH, FLORIDA,
AMENDING THE AGREEMENT TO EXTEND THE TIME
PERIODS FOR THE JCC TO APPLY TO THE CITY'S
DESIGN REVIEW BOARD, SUBMIT PLANS FOR THE
DESIGN OF THE PROPOSED IMPROVEMENTS TO THE
PROPERTY, TO OBTAIN BUILDING PERMITS AND TO
COMPLETE CONSTRUCTION OF THE PROPOSED
IMPROVEMENTS, AND AMENDING OTHER PROVISIONS
OF THE AGREEMENT AS ARE APPROPRIATE UNDER THE
CIRCUMSTANCES.
WHEREAS, on June 3, 1981 the City first leased to the Jewish Community Centers
of South Florida, Inc. (JCCSF), City-owned property located at 4221 - 4229 Pine Tree
Drive, also known as lots 5,6 and 7 of Flamingo Bay Subdivision, as recorded in Plat Book
6 at Page 101 ofthe public records of Miami-Dade County, Florida ("Property") (Resolution
81-16678); and
WHEREAS, JCCFS's lease was amended and extended on three occasions, such
that the lease term was extended through to October 31,2015, with two additional ten-year
options, and was assigned to Miami Beach Jewish Community Center, Inc. ("JCC"), a not-
for-profit corporation (Resolutions 84-17863,85-18280, and 88-19226); and
WHEREAS, on July 12, 2000, the Mayor and City Commission adopted Resolution
No. 2000-23994 approving an Amended and Restated/Consolidated Lease Agreement
("Lease") with the JCC for the Property, subject to referendum, which was duly held and
approved, which included provisions in Lease Paragraphs 15.4 and 15.5 that the JCC
present Preliminary Plans and Specifications to the City, and make application to the City's
Design Review Board ("DRB") for review and approval of same, no later than "three years
from the Commencement Date" of the Lease, which is November 8, 2003; and
WHEREAS, while the JCC timely submitted the Preliminary Plans and
Specifications as required, they were not accepted by the Administration, which cited
inconsistencies with the originally approved Concept Plan, the City Commission has not yet
reviewed and approved such plans, and the JCC has requested that the City allow it
additional time to work with the City on approving the Preliminary Plans and Specifications,
and consider extending the deadline of its requirement to make application to the DRB;
and
WHEREAS, the City and JCC entered into a First Amendment to the Amended and
Restated/Consolidated Lease (Resolution 2003-25363) on October 15, 2003, extending
certain dates as provided for therein; and
WHEREAS, the City and JCC have agreed to continue working towards a mutually
acceptable set of Preliminary Plans and Specifications, and to extend the deadline for the
JCC to make application to the DRB, submit plans for the design of the proposed
improvements to the Property, to obtain building permits and to complete construction of
the proposed improvements, and amend other provisions of the agreement as are
appropriate under the circumstances; and
WHEREAS, the City and JCC have agreed to certain modifications to Paragraphs
15.4, 15.5, 15.7, 15.8 and 15.11 to accomplish the above, of the Amended and
Restated/Consolidated Lease Agreement, to clarify and memorialize them in accordance
with the City's negotiations establishing applicable time periods and other requirements;
and
WHEREAS, the City Administration recommends
Commission approve the foregoing amendments
Restated/Consolidated Lease Agreement.
that the Mayor and City
to the Amended and
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission authorize the Mayor and City Clerk to execute a Second Amendment to that
certain Amended and Restated/Consolidated Lease Agreement by and between the City of
Miami Beach and the Miami Beach Jewish Community Center, Inc. (JCC), for a parcel of
land and facilities located at 4221 - 4229 Pine Tree Drive, Miami Beach, Florida, amending
the Agreement to extend the time periods for the JCC to apply to the City's Design Review
Board, submit plans for the design of the proposed improvements to the Property, to obtain
building permits and to complete construction of the proposed improvements, and
amending other provisions of the Agreement as are appropriate under the circumstances.
PASSED and ADOPTED this 13th day of Oc
ATTEST:
~~. r cuduA
CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
/0- y- dC(
Date
F:\DDHP\$ALLIASSEl\JCC\JCC2NDAMENDMENT.RESO.DOC
2
CllY OF MIAMI' B~ACH
CONMISSION ITEM SlJMMARY
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Condensed Title:
Resolution approving a Second Amendment to the Amended dnd Restated/Consolidated Lease Agreement
between the City and the Miami Beach Jewish Community Center, Inc. (JCC), located at 4221 - 4229 Pine
Tree Drive, amending the Agreement to extend the time periods for the JCC to apply to the City's Design
Review Board, submit plans for the design of the proposed improvements to the property, to obtain building
permits and to complete construction of the proposed improvements, and amending other provisions of the
aareement as are appropriate under the circumstances
Issue:
Should the Second Amendment to the JCC Lease Agreement be approved?
Item Summary/Recommendation:
On June 3, 1981 the City first leased to the JCC the property at 4221 Pine Tree Drive. The Lease was
subsequently amended on several occasions, the including an amendment on July 12, 2000, whereby the
Mayor and City Commission approved an Amended and Restated/Consolidated Lease Agreement extending
the term through 2099; providing for the JCC to invest a minimum of $2,000,000 in capital improvements on
the Premises, and providing that the JCC submit Plans for same to the City and make application to the
City's Design Review Board (DRB) for approval no later than November 8, 2003, subject to referendum
(subsequently approved by voters at a November 7,2000, Special Election). On October 15, 2003, after
receiving a request from the JCC, the Mayor and City Commission approved a First Amendment to the
Amended and Restated/Consolidated Lease Agreement extending the DRB application date by a one (1)
year period, until November 8, 2004 and clarifying and memorializing the "Commencement Date" of the
Lease as November 8, 2000.
In September 2004, the JCC submitted the Preliminary Plans and Specifications and met with the City
Administration to review same, which have been deemed to be inconsistent with the original Concept Plan.
The Planning Department has made preliminary recommendations to the JCC, which would be more in
keeping with the original Concept Plan. The City and JCC have agreed to continue working towards an
acceptable set of Preliminary Plans and Specifications. In light of the pending deadline of November 8,
2004, for the JCC to submit Preliminary Plans and Specifications to the DRB, and address the
inconsistencies with the original Concept Plan, the JCC has requested to extend several existing deadlines
contained in the First Amendment to the Amended and Restated/Consolidated Lease.
The Administration recommends that the Mavor and Citv Commission adopt the Resolution.
Advisory Board Recommendation:
I
Financial Information:
Finance Dept.
Account
Approved
Source of
Funds:
D
City Clerk's Office Legislative Tracking:
I Jose Damien
Si n-Offs:
AGENDA ITEM C 7,I!J
DATE /p-/f-or
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.ci.miami-beach.f1.us
To:
From:
Subject:
COMMISSION MEMORANDUM
Mayor David Dermer and
Members of the City Commission
Jorge M. Gonzalez \. A ~
City Manager () P- D
A RESOLUTION OFTHE MAYOR AND CITY COMMISSION OFTHE CITY
OF MIAMI BEACH, FLORIDA, APPROVING A SECOND AMENDMENT TO
THAT CERTAIN AMENDED AND RESTATED/CONSOLIDATED LEASE
AGREEMENT BY AND BETWEEN THE CITY OF MIAMI BEACH AND THE
MIAMI BEACH JEWISH COMMUNITY CENTER, INC. (JCC), FOR A
PARCEL OF LAND AND FACILITIES LOCATED AT 4221 - 4229 PINE
TREE DRIVE, MIAMI BEACH, FLORIDA, AMENDING THE AGREEMENT,
TO EXTEND THE TIME PERIODS FOR THE JCC TO APPLY TO THE
CITY'S DESIGN REVIEW BOARD, SUBMIT PLANS FOR THE DESIGN OF
THE PROPOSED IMPROVEMENTS TO THE PROPERTY, TO OBTAIN
BUILDING PERMITS AND TO COMPLETE CONSTRUCTION OF THE
PROPOSED IMPROVEMENTS, AND AMENDING OTHER PROVISIONS
OF THE AGREEMENT AS ARE APPROPRIATE UNDER THE
CIRCUMSTANCES
Date: October 13, 2004
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
BACKGROUND
Oriqinal Lease:
On June 3, 1981 the City first leased to the Jewish Community Centers of South Florida,
Inc., City property at 4221 Pine Tree Drive, also known as lots 5, 6 and 7 of Flamingo Bay
Subdivision, as recorded in Plat Book 6 at Page 101 of the public records of Miami-Dade
County, Florida. (Resolution 81-16678).
Lease. as Amended and Extended:
The lease was amended and extended on three occasions, such that the lease term
extended through to October 31, 2015, with two additional ten-year options, and was
assigned to Miami Beach Jewish Community Center, Inc., a not-for-profit corporation
(Resolutions 84-17863, 85-18280, and 88-19226).
Amended and Restated/Consolidated Lease:
On July 12, 2000, the Mayor and City Commission adopted Resolution No. 2000-23994
approving an Amended and Restated/Consolidated Lease Agreement, subject to
referendum (subsequently approved by voters at a November 7,2000, Special Election),
which incorporated the following:
1. Term was extended for 99 years, to 2099.
2. Permitted uses would include recreational, cultural, educational, social service and
minor and incidental religious uses.
3. Provided for payment of fair market value and appraisal methodology for the area to be
used for religious services and use fees for expanded religious uses limited to a
maximum of 10 holidays per year.
4. Set forth construction parameters, specifically addressing review requirements
(including Design Review Board review and approval), construction commencement
and completion deadlines, and required a minimum initial investment of $2 million in
improvements for which a building permit must be issued within five (5) years from the
commencement of the Lease, subject to reasonable extensions.
5. Construction which was previously restricted to two (2) lots would be permitted on all
three (3) lots, in accordance with the concept plan.
6. In the event the required referendum failed, the lease would revert to the previously
existing lease term.
7. JCC agreed to indemnify, defend and hold the City harmless in the event of challenges
to the lease and referendum.
8. By separate agreement, the JCC agreed to hold harmless, indemnify and defend the
City from challenges related to the Lease and referendum, from the time of the
adoption of the subject resolutions, and reimburse the City for all costs associated with
the referendum.
The referendum appeared on the November 7, 2000 ballot, and was approved by the
respective voters.
First Amendment to the Amended and Restated/Consolidated Lease:
In accordance with Section 15.5 of the Lease Agreement (see item 4 above), the JCC was
required to present the City with Preliminary Plans and Specifications (Plans), and make
application to the City's Design Review Board (DRB) for approval of same, no later than
November 8,2003.
In a letter dated October 3, 2003, attorney Jeffrey Bercow, on behalf of the JCC, cited that
after meeting with the City Commission's Neighborhood Committee, the JCC leadership
opted to withhold submittal of the Plans to the DRB in order to ensure that they would have
the financial resources to deliver the improvements depicted by said Plans and respective
specifications. The letter also reflected that the JCC had since met with potential donors
and begun the fundraising process, but would like to be confident that the development
plan it presents the City is financially feasible, and as such sought additional time to
present the City with the "Preliminary Plans and Specifications" and apply for DRB
approval as required under the Lease.
To that end, the JCC formally requested that the City consider amending the Lease
Agreement by modifying Section 15.5 thereof by extending, by a one (1) year period, the
date by which the JCC must apply for DRB approval. On October 13, 2003, the Mayor and
City Commission adopted Resolution No. 2003-25363, extending the previously existing
deadline for submission to the DRB, from November 8, 2003 to November 8, 2004, in order
to allow the JCC sufficient time to secure the necessary financial backing to ensure that the
proffered plan may be fully developed. Said Resolution also served to amend and clarify
that section of the Lease that defines the "Commencement Date", which had not been
previously filled-in in the Agreement, establishing the Commencement Date as
November 8,2000 (the day after the referendum that approved the Lease).
Proposed Second Amendment to the Amended and Restated/Consolidated Lease:
In September 2004, the JCC met with the City Administration on two separate occasions,
once with Planning Department staff to review the most recently submitted Preliminary
Plans from a regulatory perspective, and the second time with the Administration to review
same from a proprietary perspective. The Plans, as submitted, have been deemed to be
inconsistent with the Concept Plan, by the Administration. Planning Department staff has
made preliminary recommendations to the JCC, with regard to the re-Iocation of certain
building components, which would provide a more ample view corridor from Pine Tree
Drive, east, towards the Indian Creek Waterway, and would be more in keeping with the
intent of the original Concept Plan. However, even with the Planning Department's
recommended modifications, overall, the Plans as would be modified, would still be
deemed inconsistent with the original Concept Plan. The proposed amendments include a
requirement that the Plans, as modified, be resubmitted to the Administration, for
preliminary proprietary review, no later than February 5, 2005. Moreover, within 20 days
from said re-submittal, if the Plans are deemed to be inconsistent the original Concept
Plan, I, as City Manager, am required to forward said Plans to the Mayor and City
Commission, for their review and formal approval, in their proprietary capacity as Lessor.
The City and JCC have agreed to continue working towards a mutually acceptable set of
Preliminary Plans and Specifications, in accordance with the Planning Department's
preliminary recommendations.
In light of the pending deadline of November 8, 2004, requiring the JCC to submit
Preliminary Plans and Specifications to the DRB, and in order to address the Planning
Department's recommendations, the JCC has requested to extend several existing
deadlines included in the following sections of the First Amendment and the Amended and
Restated/Consolidated Lease:
Note: Calculated outside dates in (parentheses)
Para Item Description Original Current Proposed
(calculated outside dates In Darenthesesl
2.1 Commencement Date 11/08/00 Same Same
15.4 City Proprietary Review Three (3) years from Commencement Same 02/08/05
(Preliminarv Plans) Date. (11/08/03)
15.5 DRB submittal Three (3) years from Commencement 11/08/04 05/06/05
(Preliminary Plans) Date. (11/08/03)
15.7 City Proprietary Review Twelve (12) months from DRB approval, Same Within twelve
(Construction Plans) no later than five (5) years from (12) months from
Commencement Date, extended by DRB approval,
appeals. (11/08/05) extended by third
party appeals
onlv.
15.8 Obtain Building Permits Five (5) years from Commencement Same Six (6) years from
Date. (11/08/05) Commencement
Date. 111/08/06\
15.11 Construction Sixty (60) days after all permits and Same Sixty (60) days
Commencement approvals are issued, no later than five after all permits
(5) years from Commencement Date. and approvals
(11/08/05) are issued.
(01/07/07)
15.12 Construction Completion Two (2) years from issuance of full Same Same (11/08/08)
BuildinQ Permit. (11/08/07)
Additionally, and in furtherance to the City's and JCC's mutual goal to ensure that the
proposed project is actually constructed, the JCC has agreed to provide the City, along with
the Preliminary Plans and Specifications, a funding plan reflecting that the JCC will have
sufficient funds to timely commence and complete construction. Furthermore, prior to
commencement of construction the JCC shall submit evidence satisfactory to the City
Manager that said funding and/or construction financing commitments are in place. These
requirements are reflected in Paragraphs 15.4 and 15.8, respectively.
It is recommended that the Mayor and City Commission adopt the attached Resolution and
approve a Second Amendment to the Amended and Restated/Consolidated Lease
Agreement, between the City and the JCC, to extend the time periods forthe JCC to apply
to the City's Design Review Board, submit plans for the design of the proposed
improvements to the property, to obtain building permits and to complete construction of
the proposed improvements, and amending other provisions of the agreement as are
appropriate under the circumstances.
JMG:C~JD:rlr
Attachments
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