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HomeMy WebLinkAbout2006-26222 Reso RESOLUTION NO. 2006-26222 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING A THIRD AMENDMENT TO THAT CERTAIN AMENDED AND REST ATED/CONSOLlDATED 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 SUBMIT PLANS FOR THE CONSTRUCTION OF THE PROPOSED IMPROVEMENTS TO THE PROPERTY; OBTAIN A FINAL BUILDING PERMIT FOR THE PROPOSED IMPROVEMENTS; AND SUCH OTHER CHANGES AS MAY BE APPROVED BY THE CITY COMMISSION SUBJECT TO FINAL REVIEW AND APPROVAL BY THE CITY MANAGER AND CITY ATTORNEY 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 of the 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 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 ("ORB") for review and approval of same, no later than "three years from the Commencement Date" of the Lease, which was November 8, 2003; 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 entered into a Second Amendment to the Amended and Restated/Consolidated Lease (Resolution 2004-25720) on October 13, 2004, extending the time periods for the JCC to apply to the City's Design Review Board, submit plans for the construction 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 were appropriate under the circumstances; and WHEREAS, while the JCC has secured Design Review Board approval for its new design, changes to the internal layout and program of the proposed buildings have delayed the completion of the construction drawings; and WHEREAS, the redesign of the internal layout of the buildings has made it impossible for the JCC to comply with the Lease's deadlines related to the submittal of construction plans to the City Manager and the obtaining of a final building permit; and WHEREAS, the JCC has proposed certain modifications to Paragraphs 15.7and 15.8, of the Second Amended and Restated/Consolidated Lease Agreement, to address the above circumstances; and WHEREAS, the City Administration recommends that the Mayor and City Commission approve the proposed amendments to the Second Amended and Restated/Consolidated Lease Agreement. 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 third 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 submit plans for the construction of the proposed improvements to the Property; obtain a final building permit for the proposed improvements; and such other changes as may be approved by the City Commission subject to final review and approval by the City Manager and City Attorney. Robert Parcher ,2006. PASSED and ADOPTED this 7th day of ATTEST: ~( PClkdu-. CITY CLERK David Dermer APPROVED AS TO FORM & LANGUAGE & F EXECUTION ~ F:\DDHP\$ALL\ASSET\JCC\JCC3RDAMENDMENT.RES.DOC COMMISSION ITEM SUMMARY Condensed Title: Resolution approving a third amendment to the Second Amended and Restated/Consolidated Lease A reement between the Cit and the Miami Beach Jewish Communit Center, Inc. JCC Ke Intended Outcome Su orted: Increase satisfaction with recreational programs. Issue: Should the Mayor and the City Commission approve the third amendment to the lease? Item Summary/Recommendation: The City and the JCC are proposing a third amendment to that Second Amended and Restated/Consolidated Lease Agreement to extend the time periods for the JCC to submit plans for the design of the proposed improvements to the Property and to obtain a final building permit for the proposed improvements. The Administration recommends that the Mayor and City Commission adopt the Resolution approving the third amendment to the lease agreement. Advisory Board Recommendation: I N/A Financial Information: Source of Amount Account Approved Funds: 1 D 2 3 4 OBPI Total Financial Impact Summary: Ci Clerk's Office Le islative Trackin : Ana Cecilia Velasco, Asset Manager x6727 Si TH o . un0706\Regular\JCC3rdAmend City Manager m ,..,. MIAMI BEACH AGENDA ITEM DATE C7 R. '-7-0(, e MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor David Dermer and Members of the City Commission DATE: Jorge M. Gonzalez, City Manager ~ June 7. 2006 0 - 0-- A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING A THIRD 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 SUBMIT PLANS FOR THE CONSTRUCTION OF THE PROPOSED IMPROVEMENTS TO THE PROPERTY; OBTAIN A FINAL BUILDING PERMIT FOR THE PROPOSED IMPROVEMENTS; AND SUCH OTHER CHANGES AS MAY BE APPROVED BY THE CITY COMMISSION SUBJECT TO FINAL REVIEW AND APPROVAl. BY THE CITY MANAGER AND CITY ATTORNEY FROM: SUBJECT: ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS Oriainal 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. Commission Memorandum - JCC Third Amendment June 7,2006 Page 2 of 4 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: 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). Second Amendment to the Amended and Restated/Consolidated Lease: The City and JCC entered into a Second Amendment to the Amended and Restated/Consolidated Lease (Resolution 2004-25720) on October 13, 2004, extending the time periods for the JCC to apply to the City's Design Review Board, submit plans for the construction 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 were appropriate under the circumstances as follows: SEE TABLE ON NEXT PAGE Commission Memorandum - JCC Third Amendment June 7,2006 Page 3 of 4 Note: Calculated outside dates in (parentheses) Para Item Description Original Adjusted Adjusted (calculated outside dates in parentheses) 2003 2004 2.1 Commencement Date 11/08/00 Same Same 15.4 City Proprietary Review Three (3) years from Commencement Date. Same 02/08/05 (Preliminarv Plans) (11/08/03) 15.5 DRB submittal Three (3) years from Commencement Date. 11/08/04 05/06/05 (Preliminarv Plans) (11/08/03) 15.7 City Proprietary Review Twelve (12) months from DRB approval, no Same Within twelve (Construction Plans) later than five (5) years from Commencement (12) months Date, extended by appeals. (11/08/05) from DRB approval, extended by third party aooeals onlv. 15.8 Obtain Building Permits Five (5) years from Commencement Date. Same Six (6) years (11/08/05) from Commenceme nt Date. (11/08/06) 15.11 Construction Sixty (60) days after all permits and approvals Same Sixty (60) days Commencement are issued, no later than five (5) years from after all Commencement Date. permits and (11/08/05) approvals are issued. (01/07/07) 15.12 Construction Completion Two (2) years from issuance of full Building Same Same Permit. (11/08/07) (11/08/08) Proposed Third Lease Amendment to the Amended and Restated/Consolidated Lease: While the JCC has secured Design Review Board approval for its new design, changes to the internal layout and program of the proposed buildings have delayed the completion of the construction drawings. The redesign of the internal layout of the buildings has made it impossible for the JCC to comply with the Lease's deadlines related to the submittal of construction plans to the City Manager and the obtaining of a final building permit. Therefore, the JCC has proposed certain modifications to Paragraphs 15.7 and 15.8, of the Second Amended and Restated/Consolidated Lease Agreement, to address the above circumstances, as follows: 15.7 City Proprietary Review Construction Plans 15.8 Obtain Building Permits Twelve months from DRB approval 6/21/2006 Six years from the commencement date (11/8/2006) The City Administration recommends that the Mayor and City Commission approve the proposed amendments to the Second 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 submit plans for the construction of the proposed improvements to the Property; Commission Memorandum - JCC Third Amendment June 7, 2006 Page 4 of 4 obtain a final building permit for the proposed improvements; and such other changes as may be approved by the City Commission subject to final review and approval by the City Manager and City Attorney. JMG:TH:ACV:rlr T:\AGENDA\2006\jun0706\Regular\JCC3rdAmendment.MEM.doc "l BERCOW 5. RADELL ZONING. LAND USE AND ENVIRONMENTAL LAVV DIRECT LINE: (305) 377-6220 E-Mail: Jbercow@BRZoningLaw.com VIA HAND DELIVERY May 22, 2006 Mr. Jorge Gonzalez City Manager City of Miami Beach City of Miami Beach City Hall 1700 Convention Center Drive Miami Beach, FL 33139 Re: Request for Revised Lease Deadlines for Construction of New Miami Beach Jewish Community Center for the property located at 4221-29 Pine Tree Drive, Miami Beach, FL Dear Mr. Gonzalez: This law firm represents the Miami Beach Jewish Community Center (the "JCC") in connection with its efforts to redevelop and expand the JCe's recreational and cultural facilities on the City-owned property at 4221 Pine Tree Drive. As you know, the City and the JCC executed an Amended and Restated/Consolidated Lease (the "Lease") for the Pine Tree Drive parcel in July of 2000. The Lease was entered into with the understanding that the Jce would construct new improvements valued at no less than $2,000,000 on the property. The lease has subsequently been amended twice. Subject to the requirements of the Lease, the JCC secured the approval of the improvements from the Design Review Board ("DRB") in June 2005. The Lease now provides the following deadlines for the permitting of the improvements: . Submittal of Construction Plans to City Manager -- June 21, 2006. . Obtaining of Final Building Permits -- November 8, 2006. Because of changes that have become necessary to the program within the proposed buildings, we hereby are requesting small revisions to the permitting and construction deadlines. Agenda Item C 7 R.. Date 6-7-0' WACHOVIA FINANCIAL CENTER. 200 SOUTH BISCAYNE BOULEVARD. SUITE 850 . PHONE. 305.374.5300. FAX. 305.377.6222 Mr. Jorge Gonzalez May 22, 2006 Page 2 Changes to Program. In accordance with the Lease requirements, the JCC had previously prepared the required building permit plans. These plans were reviewed by the Jewish Community Center Association (the "JCCA"), which is the umbrella organization for all JCCs in the United States. The national office is staffed with experts in the field of design, construction and operation of JCCs. These experts reviewed the submitted plans and have suggested multiple changes to the internal layout of the buildings. For example, there is a national trend to incorporate "family changing rooms" in the locker facility to accommodate a parent of one gender who brings their toddler children (children too young to go into a locker room by themselves) of another gender to the JCC and need to change clothing. Based on the suggestions made by the JCCA staff, the JCC has revised its plans to add family changing rooms. Among the other changes triggered by the JCCA review was the addition of a racquetball court to the plans, which will be the only racquetball court on Miami Beach following the elimination of the courts at the Eden Roc Hotel. The JCC has also been refining the plans to better accommodate air conditioning and other mechanical elements based on the review and comment of engineers retained for the project. Need for Extensions. The combination of the above necessary changes to the plans will necessitate a slight delay in the completion of the construction drawings and filing of the building permit plans. The JCC hereby requests the following small amendments to the deadlines included in the Lease: . Submittal of Construction Plans to City Manager - October 15, 2006. . Obtaining of Final Building Permits - February 5, 2007. The above extensions would add approximately three (3) months to the permitting and construction process current outlined in the Lease. We believe that such an extension is warranted given the complexities inherent in the development of a public institution of the size and scale of the new JCC complex. We also believe that the changes that are being made to the internal layout and program of the JCC will be a significant benefit to the citizens of Miami Beach. Conclusion. The JCC looks forward to continuing its long and mutually beneficial relationship with the City of Miami Beach. Approving the requested modifications to the Lease would help ensure that the improvements that will be made to the JCC property will be well suited to the community's present and BERCOW &. RADELL ZONING. LAND USE AND IIiNVII'ItONMENTAL. LAW Mr. Jorge Gonzalez May 22, 2006 Page 3 future needs. We are enclosing a draft of a Third Amendment to the Lease incorporating the proposed changes. Once you have had a chance to review this letter and the Third Amendment to the Lease, please. phone my direct line at (305) 377-6220 to discuss the issue. xJ?~~ Jeffrey Bercow . ,. cc: Gary Held, First Assistant City Attorney (with encl.) Ana Cecelia Velasco, Office of Asset Management (with encl.) Jorge Gomez, Planning Director (with encl.) Joy Spill, Esq. Todd Tragash, AlA Stanley Arkin BERcaw lS.. RADELL ZONING. LAND USE AND IINVI..ONMRNTAL LAW"