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HomeMy WebLinkAbout2005-25881 Reso RESOLUTION NO. 2005-25881 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A FIRST AMENDMENT TO THAT CERTAIN LEASE AGREEMENT BY AND BETWEEN THE CITY OF MIAMI BEACH AND UNlOAD OF MIAMI BEACH, INC., DATED NOVEMBER 8, 2000, FOR A PORTION OF THE CITY-OWNED SOUTH SHORE COMMUNITY CENTER, LOCATED AT 833-6TH STREET, MIAMI BEACH, FLORIDA WHEREAS, on September 9, 1998, the Mayor and City Commission adopted Resolution No. 98-22863, approving a Lease Agreement between the City and UNIDAD of Miami Beach, Inc. (UNIDAD) for the use of a portion of the City-owned South Shore. Community Center, located at 833-6th Street (the Leased Premises) as an administrative office; and WHEREAS, on June 23, 1999, the Mayor and City Commission adopted Resolution No. 99-23211, approving a new Lease Agreement between the City and UNIDAD for the continued use of the Leased Premises, as an administrative office; and WHEREAS, UNIDAD subsequently informed the City that it was in a position to upgrade its category as a grants recipient which would allow it to continue to expand its programs, and it applied for and was awarded additional grant funding from the Training and Employment Consortium of South Florida and the Department of Labor, which would continue to provide for counseling, education, and employment training to the City's youth, immigrant, refugee, and senior citizen population; and WHEREAS, UNIDAD's continued grant funding was contingent on its obtaining a long term commitment for the use of its expanded office area in order to meet its programming needs; and WHEREAS, on November 8, 2000, the Mayor and City Commission approved a new Lease Agreement, for an expanded space, which included a ten (10) year term, commencing on December 1, 2000, and ending on November 30, 2010; and WHEREAS, the new Lease Agreement contemplated that the City would be conducting certain improvements (the Rehabilitation Project) to the South Shore Community Center, including improvements to the Leased Premises; and WHEREAS, UNIDAD vacated the Leased Premises effective November 1,2001, in light of the pending and proposed Rehabilitation Project; and WHEREAS, the term of the new Lease Agreement was stayed during the time that UNIDAD did not occupy the Leased Premises; and WHEREAS, the new Lease Agreement further provides that upon completion of the proposed Rehabilitation Project, the Leased Premises were to be re-designated; and WHEREAS, the first phase of the Rehabilitation Project was initiated and completed, pursuant to a revised scope of work that was mutually agreed to by the City and UNlOAD; and WHEREAS, UNlOAD has re-occupied and been in possession of the respective office space effective November 1, 2004; and WHEREAS, the City and UNlOAD are desirous of amending the Lease Agreement to: 1) reflect the actual as-built area being occupied by UNlOAD and adjust the applicable rent accordingly; and 2) extend the term of the Lease Agreement by approximately thirty- six (36) months, a term extension approximately equivalent to the period of time that the Lease Agreement was stayed, when UNlOAD vacated the Leased Premises due to the Rehabilitation Project; and WHEREAS, the City and UNlOAD have negotiated and agreed to the terms and conditions as set forth in the First Amendment to the Lease Agreement; and WHEREAS, it is recognized that UNlOAD's operations continue to provide a much needed service to our community and that supporting this amendment to lease would be in the City's best interest. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk are hereby authorized to execute the attached First Amendment to that certain Lease Agreement, by and between the City of Miami Beach and UNlOAD of Miami Beach, Inc., dated November 8, 2000, for a portion ofthe City-owned South Shore Community Center, located at 833-6th Street, Miami Beach, Florida. '1 MAY 1 8 2005 ATTEST: CITY CLERK MAYOR David Dermer lULwr PCU~ Robert Parcher JMG:TH:JD:rd F:\DDHP\$ALL\ASSET\6STREET.CTR\UNIDAD FIRST AMENDMENT TO LEASE RES. DOC APPACWlmAlTO FORM a LANGUAGI &FORIXECUTION ^~ CIT'lOF MIAMI BEACH COMMISSION ITEM SUMMARY m Condensed Title: A Resolution Authorizing The Mayor And City Clerk To Execute A First Amendment To The Lease Agreement Between The City UNlOAD Of Miami Beach, Inc., Dated November 8,2000, For A Portion Of The City-Owned Property Located At 833-6th Street, Miami Beach, Florida Issue: Shall the Mayor and City Commission adopt the Resolution approving the First Amendment to Lease with UNlOAD of Miami Beach, lnc? Item Summary/Recommendation: UNlOAD of Miami Beach, Inc. (UNlOAD) has been leasing space (468 Sq.Ft.) from the City at the South Shore Community Center since September 1998. On November 8, 2000, the Mayor and City Commission approved a new Lease Agreement for an expanded space (1859+/-sq.ft.) with a term of 10 years (12/1/00-11/30/10) The Agreement contemplated that the City would be rehabilitating the Center, including improvements to UNlOAD's Leased Premises. In light of the Rehabilitation Project, UNlOAD vacated the Center effective 11/01/01, and the term of the Agreement was stayed during the time they were away from the Center. However, the Project was delayed due to certain unforeseen issues with the original Project architect. The first phase of the Project (as revised) was initiated and completed. UNlOAD re-occupied the Leased Premises on 11/01/04. The Amendment to Lease reflects; 1) the actual as built area being occupied by UNlOAD; 2) the adjusted rent; 3) the modified term, extending same for the period of time (36 months) that UNlOAD was displaced due to the Rehabilitation Project; 4) the holding in abeyance of UNlOAD's obligation to pay Operating Expenses until such time as the renovation of the South Shore Community Center is completed and leases are executed with all other non-City tenants obligating them to pay their pro-rata share of same. The Administration recommends adopting the Resolution. Advisory Board Recommendation: I Financial Information: Source of Amount Account Approved Funds: 1 D 2 3 4 Finance Dept. Total Ci Clerk's Office Le islative Trackin Tim Hemstreet/Jose Damien Si n-Ofts: Department Director Assistant City Manager City Manager T:\AGENDA \2005\May1805\Regular\UNIDAD First AGENDA ITEM DATE C7A 5*-(6 ..{}~ CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.miamibeachfl.gov COMMISSION MEMORANDUM From: Mayor David Dermer and Members of the City Commission J~rge M. Gonzalez \UV"'~ City Manager 0 0 Date: May 18, 2005 To: Subject: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A FIRST AMENDMENTTO THAT CERTAIN LEASE AGREEMENT BY AND BETWEEN THE CITY OF MIAMI BEACH AND UNIDAD OF MIAMI BEACH, INC., DATED NOVEMBER 8, 2000, FOR A PORTION OF THE CITY-OWNED PROPERTY LOCATED AT 833-6TH STREET, MIAMI BEACH, FLORIDA ADMINISTRATION RECOMMENDATION Adopt the Resolution. BACKGROUND On September 9, 1998, the Mayor and City Commission adopted Resolution No. 98- 22863, approving a Lease Agreement (commencing on September 9, 1998 and expiring on February 8, 1999) by and between the City and UNlOAD of Miami Beach, Inc. (UNlOAD) for the use of approximately 468 Square feet of the City-owned South Shore Community Center, located at 833-6th Street (the Leased Premises). The Leased Premises would serve as administrative office space for UNlOAD's Miami Beach Hispanic Community Center. The lease was extended on a month-to-month basis while a new agreement was negotiated. On June 23, 1999, the Mayor and City Commission adopted Resolution No. 99- 23211, approving a Lease Agreement (commencing on July 1, 1999 and expiring on May 31, 2000) between the City and UNlOAD which would also house its "One Stop" job placement program. UNlOAD subsequently informed the City that it was in a position to upgrade its category as a grants recipient, which would allow them to continue to expand their programs, and they applied for, and were awarded additional grant funding from the Training and Employment Consortium of South Florida and the Department of Labor, which would allow them to continue to provide for counseling, education, and employment training to the City's youth, immigrant, refugee, and senior citizen population. However, UNlOAD's continued grant funding was contingent on its obtaining a long term commitmentforthe use of its expanded office area in order to ensure it could meet its future programming needs. On November 8, 2000, the Mayor and City Commission approved a new Lease Agreement, for an expanded space (approximately 1859 square feet), and a term of ten , ., (10) years, commencing on December 1, 2000, and ending on November 30, 2010. The new Lease Agreement contemplated that the City would be conducting certain improvements (the Rehabilitation Project) to the South Shore Community Center, including improvements to the Leased Premises. Upon completion of the proposed Rehabilitation Project the Leased Premises were to be re-designated, in accordance with the proposed Project plans, which would result in additional square footage for UNlOAD's use. In light of the pending and proposed Rehabilitation Project, UNlOAD vacated the Leased Premises effective November 1, 2001, and the term of the new Lease Agreement was stayed during the time that UNlOAD would not be occupying the Leased Premises. However, the Project was delayed due to certain previously unforeseen issues with the original Project architect. The first phase of the Rehabilitation Project was initiated and completed, pursuant to a revised scope of work that was mutually agreed to by the City and UNlOAD. UNlOAD has since re-occupied and been in possession of the respective office space effective November 1, 2004. The Administration and UNlOAD are desirous of amending the Lease Agreement to: 1) reflect the actual as built area being occupied by the Lessee and adjust the applicable rent accordingly; and 2) extend the term of the Lease Agreement by approximately thirty-six (36) months, a term extension approximately equivalent to the period of time that the Lease Agreement was stayed, when Lessee vacated the Leased Premises due to the Rehabilitation Project; 3) hold in abeyance UNlOAD's responsibility to pay its pro-rata share of operating expenses until such time as the renovations to the South Shore Community Center are completed and leases are executed with all other non-City tenants obligating them to pay their pro-rata share of same. As such, the Administration and UNlOAD have negotiated and agreed to the terms and conditions as set forth in the attached First Amendment to Lease Agreement. The Administration deems that UNlOAD's operations continue to provide a much needed service to our community and that supporting this amendment to lease would be in the City's best interest. As such, it is recommended that the Mayor and City Commission approve the attached First Amendment to Lease, by and between the City and UNlOAD for a portion of the City-owned South Shore Community Center, located at 833-6th Street, Miami Beach, Florida. JMG:TH:JD:rd Attachment F:\DDHP\$ALL\ASSET\6STREET.CTR\UNIDAD FIRST AMENDMENT TO LEASE MEM.DOC