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2004-25732 Reso RESOLUTION NO. 2004-25732 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING ON DECEMBER 8, 2004, PURSUANT TO THE REQUIREMENTS OF SECTION 82-37 OF THE MIAMI BEACH CITY CODE, TO HEAR PUBLIC COMMENT REGARDING A LEASE AGREEMENT BETWEEN THE MIAMI POLICE FEDERAL CREDIT UNION AND THE CITY OF MIAMI BEACH, FOR APPROXIMATELY 190 SQUARE FEET OF CITY-OWNED PROPERTY, LOCATED AT 1100 WASHINGTON AVENUE, MIAMI BEACH, FLORIDA, FOR AN INITIAL THIRTY FIVE (35) MONTH TERM, COMMENCING ON NOVEMBER 1, 2004, AND ENDING ON SEPTEMBER 30, 2007; FURTHER APPROVING THE NEGOTIATED TERMS PRESENTED HEREIN, SUBJECT TO INCORPORATION IN A FINAL LEASE AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; AND FURTHER WAIVING, BY 5/7THS VOTE, THE COMPETITIVE BIDDING AND APPRAISAL REQUIREMENTS, AS PERMITTED PURSUANT TO SECTION 82.39 OF THE CITY CODE, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY WHEREAS, in May 2003, the Miami Police Federal Credit Union began serving employees of the City of Miami Beach Police Department and, in August 2003, the Credit Union augmented its services with an on-site ATM machine located in the 1st floor public lobby area of the Miami Beach Police Department; 1100 Washington Avenue; and WHEREAS, there is no charge for use of the A TM as a member, however non- members are assessed a transaction fee, for which the City collects $1.5/per transaction; and WHEREAS, due to the expanding relationship with the Miami Beach Police Department employees, servicing over 500 employees, the parties have discussed establishment of an office on premises to further enhance the services provided; and WHEREAS, to that end, the Miami Police Federal Credit Union has agreed to pay market rent for an area not to exceed 190 sf adjacent to the A TM location; and WHEREAS, the City and the Miami Police Federal Credit Union have negotiated the terms of a Lease Agreement as follows: Demised Premises: 151 Floor Public Lobby area of the City of Miami Beach Police Department at 1100 Washington Avenue, Miami Beach, Florida 33139, encompassing 190 +/- square feet; Term: 35 months, commencing on November 1, 2004, and ending on September 30, 2007, for an additional three (3) year term; Option to Renew: Option to renew, at City's sole discretion, for an additional three (3) year term; Use: To serve the employees and members of the Miami Beach Police Department; $2,850.00 yearly, $15.00 per square foot (PSF) gross; Total Rent: Parkinq: Tenant shall also be responsible for all applicable sales and use tax; Tenant may request, from the City's Parking Department, the use of parking spaces, if available, at Municipal Parking Garage, rates for said spaces are subject to change, and are currently $60.00 per month, plus applicable sales and use tax per space; and Sales/Use Tax: WHEREAS, accommodating the Miami Police Federal Credit Union is deemed to be in the City's best interest and will facilitate servicing the employees and members of the Miami Beach Police Department, situated in the same building; and WHEREAS, the proposed Lease is subject to the requirements of Section 82-36 through 82-39 of the City Code (the Shapiro Ordinance); however, since the City has already established the A TM location on site, it is recommended that the Mayor and City Commission consent to the terms as presented herein and the Lease Agreement, in compliance with the Shapiro Ordinance requirements, will be presented on December 8, 2004 for final approval; and WHEREAS, Section 82-36 through 82-39 ofthe Miami Beach City Code, governing the sale/lease of public property, provides that the lease of any City-owned property for a period of five years or less, including option periods, requires the following: . a competitive public bidding process . a Planning Department analysis . an independent appraisal to determine the value of the leasehold interest . a public hearing to obtain citizen input; and WHEREAS, the competitive bidding and appraisal requirements may be waived by a 5/7ths vote of the City Commission if deemed in the best interest of the City; and WHEREAS, based on the aforestated, the Administration recommends that the Mayor and City Commission set a public hearing to consider the proposed Lease Agreement, approve the terms and conditions of the proposed Lease Agreement, as set forth in this Resolution, and further waive the bidding and appraisal requirements finding such waiver to be in the best interest of the City. 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 set a Public Hearing on December 8, 2004, pursuant to the requirements of Section 82-37 of the Miami Beach City Code, to hear public comment regarding a Lease Agreement between the Miami Police Federal Credit Union and the City of Miami Beach, for approximately 190 square feet of City-owned property, located at 1100 Washington Avenue, Miami Beach, Florida, for an initial thirty five (35) month term, commencing on November 1, 2004, and ending on September 30,2007; further approving the negotiated terms presented herein, subject to incorporation in a final Lease Agreement, in a form acceptable to the City Attorney; and further waiving, by 5/7ths vote, the competitive bidding and appraisal requirements, as permitted pursuant to Sec' n 82-39 of the City Code, finding such waiver to be in the best interest of the City. PASSED and ADOPTED this 10th day of No emb ATTEST: ~}r~ CITY CLERK T:\AGENDA\2004\Nov1004\Regular\Police Federal Credit Union lease.RES.DOC APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION ~~ p... II k/o'( CIty Attomej Date CITY OF MIAMI BEACH COMMISSION ITEM SUMMARY m - Condensed Title: A Resolution setting a Public Hearing on December 8, 2004, pursuant to the requirements of Section 82-37 of the Miami Beach City Code, to hear public comment regarding the Lease of approximately 190 square feet of City-owned property, located at 1100 Washington Avenue, Miami Beach, Florida, for a thirty-five (35) month term, commencing on November 1, 2004, and ending on September 30, 2007; further consenting to the negotiated terms presented herein, subject to a Lease Agreement in a form acceptable to the City Attorney and compliance with the Requirements of Section 82-36 through 82-39 of the Miami Beach City Code; which orovides for waiver bv 517tns vote, Issue: Should the Mayor and City Commission set a Public Hearing on December 8, 2004, to hear public comment regarding the Lease of approximately 190 square feet of City-owned property, located at 1100 Washington Avenue, Miami Beach, Florida, for a thirty-five (35) month term, commencing on November 1, 2004, and ending on September 30, 2007; further consenting to the negotiated terms presented herein, subject to a Lease Agreement in a form acceptable to the City Attorney and compliance with the Reauirements of Section 82-36 throuah 82-39 of the Miami Beach City Code? Item Summa IRecommendation: The Administration recommends that the Mayor and City Commission adopt the attached Resolution and indicating its approval of the terms and conditions of the proposed Lease Agreement, and setting the re uired ublic hearin on December 8, 2004. Advisory Board Recommendation: I N/A Financial Information: Source of Amount Account Approved Funds: 1 D 2 3 4 Finance Dept. Total islative Trackin Assistant City Manager City Manager lar\Police Federal Credit Union Lease.SUM.DOC AGENDA ITEM C 7 D DATE..1J -{o-olf CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH. FLORIDA 33139 www.cLmiami-beach.fl.us To: From: Subject: COMMISSION MEMORANDUM Mayor David Dermer and Members of the City Commission Jorge M. Gonzalez \ ~ City Manager O' U Date: November 10,2004 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING ON DECEMBER 8, 2004, PURSUANT TO THE REQUIREMENTS OF SECTION 82-37 OF THE MIAMI BEACH CITY CODE, TO HEAR PUBLIC COMMENT REGARDING THE LEASE BETWEEN THE MIAMI POLICE FEDERAL CREDIT UNION AND THE CITY OF MIAMI BEACH, OF APPROXIMATELY 190 SQUARE FEET OF CITY-OWNED PROPERTY, LOCATED AT 1100 WASHINGTON AVENUE, MIAMI BEACH, FLORIDA, FOR AN INITIAL THIRTY FIVE (35) MONTH TERM, COMMENCING ON NOVEMBER 1,2004, AND ENDING ON SEPTEMBER 30, 2007; FURTHER CONSENTING TO THE NEGOTIATED TERMS PRESENTED HEREIN, SUBJECT TO A LEASE AGREEMENT IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND COMPLIANCE WITH THE REQUIREMENTS OF SECTION 82-36 THROUGH 82-39 OF THE MIAMI BEACH CITY CODE; FURTHER WAIVING BY 5/7THS VOTE THE COMPETITIVE BIDDING AND APPRAISAL REQUIREMENTS. ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS In May 2003, the Miami Police Federal Credit Union began serving employees of the City of Miami Beach Police Department. In August 2003, the Credit Union augmented its services with an on-site A TM machine located in the 1 st floor public lobby area of the Miami Beach Police Department. There is no charge for use of the A TM as a member, however non- members are assessed a transaction fee, for which the City collects $1.5/per transaction. Due to the expanding relationship with the Miami Beach Police Department employees, servicing over 500 employees, the parties have discussed establishment of an office on premises to further enhance the services provided. To that end, the Miami Police Federal Credit Union has agreed to pay market rent for an area not to exceed 190 sf adjacent to the A TM location. November 10, 2004 City Commission Memorandum Miami Police Federal Credit Union Lease Page 2 of 3 The lease terms and conditions would be subject to: . City Commission approval, . lease agreement in a form acceptable to the City Attorney, and . compliance with the applicable requirements of the "Shapiro Ordinance" (to be presented on December 8, 2004 on a retroactive approval basis) The City and the Miami Police Federal Credit Union have negotiated the conditions of a short-term Lease Agreement substantially in accordance with the following terms: Demised Premises: 1 st Floor Public Lobby area of the City of Miami Beach Police Department at 1100 Washington Avenue, Miami Beach, Florida 33139, encompassing 190 +/- square feet Term: 35 months, commencing on November 1, 2004, and ending on September 30,2007, for an additional three (3) year term Option to Renew: Option to renew, at City's sole discretion, for an additional three (3) year term Use: To serve the employees and members of the Miami Beach Police Department Total Rent: $2,850.00 yearly, $15.00 per square foot (PSF) gross Sales/Use Tax: Tenant shall also be responsible for all applicable sales and use tax ParkinQ: Tenant may request, from the City's Parking Department, the use of parking spaces, if available, at Municipal Parking Garage. Rates for said spaces are subject to change, and are currently $60.00 per month, plus applicable sales and use tax per space. Accommodating the Miami Police Federal Credit Union is deemed to be in the City's best interest and will facilitate servicing the employees and members of the Miami Beach Police Department, situated in the same building. The proposed lease is subject to the requirements of the Shapiro Ordinance. However, since the City has already established the A TM location on site, it is recommended that the Mayor and City Commission consent to the terms as presented herein and the Lease Agreement, in compliance with the Shapiro Ordinance requirements, will be presented on December 8, 2004 for final approval. Section 82-36 through 82-39 (alkla Shapiro Ordinance) of the Miami Beach City Code, governing the sale/lease of public property, provides that the lease of any City-owned property for a period of five years or less, including option periods, requires the following: November 10, 2004 City Commission Memorandum Miami Police Federal Credit Union Lease Page 3 of 3 . a competitive public bidding process . a Planning Department analysis . an independent appraisal to determine the value of the leasehold interest . a public hearing to obtain citizen input The competitive bidding and appraisal requirements may be waived by a 5/7'hs vote of the City Commission if deemed in the best interest of the City. The proposed Lease Agreement is for a term of thirty-five (35) months. Any option to renew shall be at the City's sole discretion. A copy of the planning analysis will be provided on December 8, 2004. Based on the foregoing, the Administration recommends that the Mayor and City Commission adopt the attached Resolution and indicating its approval of the terms and conditions of the proposed Lease Agreement, and setting the required public hearing on November 10, 2004. e.o... 1./10 1Co" JMG\CMC\rar \ T:\AGENOA\2004\Nov1004\Regular\Police Federal Credit Union Lease.MEM.OOC