HomeMy WebLinkAbout2006-26228 Reso
RESOLUTION NO. 2006-26228
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING, ON FIRST READING, A LEASE
AGREEMENT BETWEEN THE CITY AND THE LOG CABIN ENTERPRISES, INC.,
FOR USE OF APPROXIMATELY 52,000 SQUARE FEET OF CITY-OWNED
PROPERTY, LOCATED ON THE WEST SIDE OF COLLINS AVENUE BETWEEN
81sT AND 82ND STREETS, MIAMI BEACH, FLORIDA, MORE SPECIFICALLY
DEFINED AS THOSE PARCELS OF LAND KNOWN AS LOTS 1-6 OF BLOCK 81,
ALTOS DEL MAR NO.1, PB 31-40, FOR AN INITIAL THREE (3) YEAR TERM
COMMENCING ON AUGUST 1, 2006, AND ENDING ON JULY 31, 2009, WITH
TWO (2) ADDITIONAL THREE (3) YEAR RENEWAL TERMS, AT THE CITY'S
SOLE DISCRETION; FURTHER WAIVING, BY 5/7THS VOTE, THE
COMPETITIVE BIDDING AND APPRAISAL REQUIREMENTS, AS REQUIRED BY
SECTION 82-39 OF THE MIAMI BEACH CITY CODE, FINDING SUCH WAIVER
TO BE IN THE BEST INTEREST OF THE CITY; AND FURTHER SETTING A
PUBLIC HEARING ON JULY 12, 2006, FOR THE SECOND READING (AND
FINAL APPROVAL) OF THE LEASE AGREEMENT
WHEREAS, the City of Miami Beach has established and maintained the Miami Beach
Activity Center a City of Miami Beach recreational program serving as a sheltered work site for
developmentally disabled adults in the community at 8128 Collins Avenue, a City-owned property,
from 1975 to 1983; and
WHEREAS, the Miami Beach Activity Center incorporated as a not-for-profit under the name
of Log Cabin Enterprises, Inc. and has continued to serve as a sheltered work site for
developmentally disabled adults in the community since its incorporation in 1983; and
WHEREAS, the Log Cabin Enterprises, Inc. had received support from the City of Miami
Beach in the form of a Community Development Block Grant until 2003; and
WHEREAS, the Log Cabin Enterprises, Inc. has strived to reach a level of self-sufficiency
while maintaining its mission to provide a safe, dignified, happy and professional environment for
developmentally disabled clients, enabling them to learn life and work skills, earn a decent income,
and eventually experience life as employed, independent, and self-sufficient individuals within the
community; and
WHEREAS, the Log Cabin Enterprises, Inc. has expressed an interest in continuing to
occupy the property and, accordingly, the Administration has negotiated the attached Lease
Agreement, for an initial term of three (3) years, commencing on August 1, 2006, and ending on July
31, 2009, with two (2) additional three (3) year renewal terms, at the City's sole discretion (the
Agreement); and
WHEREAS, Section 82-39 of the Miami Beach City Code, governing the sale/lease of
public property, as amended, requires a competitive bidding process, a Planning Department
analysis, and an independent appraisal to determine the value of the leasehold interest, as well as
two (2) readings of the proposed lease, with the second (and final) reading followed by an
advertised public hearing to obtain citizen input; and
WHEREAS, the Administration would hereby recommend that the Mayor and City
Commission approve the attached Lease Agreement on first reading, and hereby set the public
hearing for second reading and final approval of the Agreement; and
WHEREAS, Section 82-39, as amended, further provides for the waiver ofthe competitive
bidding and appraisal requirements, by 5/7ths vote of the Mayor and City Commission, upon a
finding by the Mayor and City Commission that the public interest would be served by waiving such
conditions; the Administration would also hereby recommend that the Mayor and City Commission
approve said waiver.
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 hereby approve,
on first reading, the attached Lease Agreement between the Log Cabin Enterprises, Inc., for the use
of approximately 52,000 square feet of City-owned property, located on the west side of Collins
Avenue between 81$1 and 82nd streets, Miami Beach, Florida, more specifically defined as those
parcels of land known as Lots 1-6 of block 81, Altos del Mar No.1, PB 31-40, for a term ofthree (3)
years, commencing on August 1,2006, and ending on July 31,2009, with two (2) additional three (3)
year renewal terms, at the City's sole discretion; further waiving, by 5/7ths vote, the competitive
bidding and appraisal requirements, as required by Section 82-39 of the Miami Beach City Code,
finding such waiver to be in the best interest of the City; and further setting a public hearing on July
12, 2006, for the second reading (and final approval) of the Lease Agreement.
PASSED and ADOPTED this 7th day of June, 2006.
MAYOR
David Dermer
ATTEST:
~~ efU~
CITY CLERK
Robert Parcher
JMG\TH\ACV\mis
F:\DDHP\$ALL \ASSET\Log Cabin\LogCabin. Lease. RES.doc
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECunON
d,u1u1
~~
COMMISSION ITEM SUMMARY
Condensed Title:
Resolution approving a lease agreement with the Log Cabin Enterprises, Inc.
Ke Intended Outcome Su orted:
Increase satisfaction with recreational programs.
Issue:
Should the Mayor and the City Commission approve the lease?
Item Summa /Recommendation:
The City and the Log Cabin Enterprises, Inc. are proposing to enter into a lease for a term of 3 years
for use of the Approximately 52,000 square feet of City-owned property, located on the west side of
Collins Avenue between 8151 and 82nd Streets, Miami Beach, Florida, more specifically defined as
those parcels of land known as Lots 1-6 of Block 81, Altos Del Mar No.1, PB 31-40, (not including the
2,500 square foot one-story building, commonly referred to as the "classroom building", "training
center" and/or "building A") .
The Log Cabin Enterprises, Inc. will pay the City one ($1) dollar a year and will be responsible for the
operating expenses and interior/exterior building maintenance for the sole purpose of providing an
educational and sheltered work program for developmentally disabled adults.
The Log Cabin Enterprises has evolved from it's original status as a City of Miami Beach Recreational
program to a Community Development Block funded program until 2003. Given that the City has
continued its support by providing the property and has maintained a longstanding relationship which
is directly related to its support of the Log Cabin Adult Developmental Training (ADT) center the
Administration recommends that the Mayor and City Commission adopt the Resolution approving the
lease a reement on first readin and seWn a second readin ublic hearin on Jul 12,2006.
Advisory Board Recommendation:
I n/a
Financial Information:
Source of Amount Appr()vEtc:J
Funds: t
D 2
~
'"
OBPI '1'Qfjl
Financial Impact Summary:
Ci Clerk's Office Le islative Trackin
Asset Management
City Manager
TH
T:\AGENDA 12006Vun0706IconsentILogCabin.Lease. SUM. doc
m
.....
MIAMI BEACH
AGENDA ITEM
DATE
R7D
"-1-0(;
lD
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
FROM:
Jorge M. Gonzalez, City Manager bv-o
June 7,2006 0
FIRST READING
DATE:
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING, ON FIRST READING, A LEASE
AGREEMENT BETWEEN THE CITY AND THE LOG CABIN ENTERPRISES,
INC., FOR USE OF APPROXIMATELY 52,000 SQUARE FEET OF CITY-OWNED
PROPERTY, LOCATED ON THE WEST SIDE OF COLLINS AVENUE BETWEEN
81sT AND 82ND STREETS, MIAMI BEACH, FLORIDA, MORE SPECIFICALLY
DEFINED AS THOSE PARCELS OF LAND KNOWN AS LOTS 1-6 OF BLOCK
81 , ALTOS DEL MAR NO.1, PB 31-40 FOR AN INITIAL THREE (3) YEAR
TERM COMMENCING ON AUGUST 1, 2006, AND ENDING ON JULY 31, 2009,
WITH TWO (2) ADDITIONAL THREE (3) YEAR RENEWAL TERMS, AT THE
CITY'S SOLE DISCRETION; FURTHER WAIVING BY 5/7THS VOTE, THE
COMPETITIVE BIDDING AND APPRAISAL REQUIREMENTS, AS REQUIRED
BY SECTION 82-39 OF THE MIAMI BEACH CITY CODE, FINDING SUCH
WAIVER TO BE IN THE BEST INTEREST OF THE CITY; AND FURTHER
SETTING A PUBLIC HEARING ON JULY 12, 2006, FOR THE SECOND
READING (AND FINAL APPROVAL) OF THE LEASE AGREEMENT
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
The Log Cabin Enterprises, Inc. has expressed an interest in continuing its occupancy of
the city-owned building property, located on the west side of Collins Avenue between 8151
and 82nd Streets, Miami Beach, Florida, more specifically defined as those parcels of land
known as Lots 1-6 of Block 81, Altos Del Mar No.1, PB 31-40, (not including the 2,500
square foot one-story building, commonly referred to as the "classroom building", "training
center" and/or "building A").
The City of Miami Beach established and maintained the Miami Beach Activity Center from
1975 through 1983 as a service of the City designed to provide a sheltered work site for the
developmentally disabled adults being trained at the Log Cabin Training Center located
adjacent. In 1983, the Miami Beach Activity Center incorporated as Log Cabin Enterprises,
Inc, a not-for-profit entity, and was maintained by the City through a Community
Development Block grant until 2003. The City has allowed the Log Cabin to continue its
work on the premises; however, there is a need for a formalized lease agreement in order for
the City to maintain its legal standing in part in terms of the property operating expenses,
Commission Memorandum - Log Cabin Nursery
June 7, 2006
Page 2 of 2
facility maintenance, insurance, taxes and indemnification. The property was also being
used by other retail entities not related to the purpose of supporting the developmentally
disabled without knowledge or approval of the Commission. The lease, as currently
drafted, will preclude any type of subletting due to its nature.
Additionally, it is expected that there will be a companion lease agreement for the Log Cabin
Training Center submitted to Commission for approval. This will allow the two entities to
remain independent due to the relationship of client and provider, while allowing the City the
benefit and protection of a lease agreement.
The Lease Agreement, as negotiated, includes the following additional terms and conditions:
. BASE RENT:
The Log Cabin Enterprises, Inc. will pay an annual Base Rent in the amount of One
Dollar ($1).
. OPERATION, MAINTENANCE and REPAIR:
The Log Cabin Enterprises, Inc. has agreed to be solely responsible for the
operation, maintenance, and repair of the premises.
. TENANT RESPONSIBILITIES FOR UTILITIES:
The Log Cabin Enterprises, Inc. has agreed to pay charges for water, gas, electricity,
sewer, cable, telephone and any other utility service provided to the facility including,
without limitation, all hookup fees and impact fees.
As required by Section 82-38 of the Code of the City of Miami Beach, the Planning
Department's analysis of the proposed lease is attached as Exhibit 1.
Based on the foregoing and long standing relationship with City of Miami Beach, the
Administration recommends that the Mayor and City Commission approve the attached
Lease Agreement between the City and the Log Cabin Enterprises, Inc. for the use of the
approximately 52,000 square feet of City-owned property, located on the west side of Collins
Avenue between 8151 and 82nd Streets, Miami Beach, Florida, more specifically defined as
those parcels of land known as Lots 1-6 of Block 81, Altos Del Mar No.1, PB 31- for a term
of three years commencing on August 1, 2006 and ending on July 31, 2009 with two
additional three year renewal terms, at the City's sole discretion; further waiving by 5/7ths
vote, the competitive bidding and appraisal requirements, as required by Section 82-39 of
the Miami Beach City Code, finding such waiver to be in the best interest of the City; and
further setting a public hearing on July 12, 2006, pursuant to the second reading (and final
approval) of the lease agreement.
JMGITH/ACV/mis
T:\AGENDA\2006\jun0706\consent\LogCabin.Lease.MEM.doc
EXnIB\T
CITY OF MIAMI BEACH
Planning Department
Interoffice Memorandum
m
To:
Tim Hemstreet
Assistant City Manager
Date: May 24, 2006
Subject:
Jorge G. Gomez, ~t fv \7r
Planning Director \\< r ~~
Analysis of Proposed Lease with Log Cabin Enterprises, Inc.
8108-8140 Collins Avenue
From:
Pursuant to your request, this memorandum will serve as an analysis of the lease
Agreement between the City of Miami Beach and Log Cabin Enterprises, Inc. for the use of
the City-owned property, located at 8108-8140 Collins Avenue.
Section 82-38 of the Code of the City of Miami Beach requires that any proposed sale or
lease of City-owned land be analyzed from a planning perspective so that the City
Commission and the public are fully appraised of all conditions relating to the proposed
sale or lease. The following is an analysis of the criteria delineated in the Code:
1. Whether or not the proposed use is in keeping with city goals and objectives
and conforms to the city comprehensive plan.
Consistent - The property is located within the RM-1 Residential Multiple Family
Low Intensity future land use category, and surrounded by the RM-1 Residential
Multiple Family Low Intensity and ROS Recreation and Open Space future land use
categories. The lease agreement between the City and Log Cabin Enterprises, Inc.
is consistent with the future land use category description contained in the
Comprehensive Plan.
2. The impact on adjacent property, including the potential positive or negative
impacts such as diminution of open space, increased traffic, noise level or
enhanced property values, improved development patterns and provision of
necessary services. Based on the proposed use of the property, the city shall
determine the potential impact of the project on city utilities and other
infrastructure needs and the magnitude of costs associated with needed
infrastructure improvements. Should it become apparent that further
evaluation of traffic impact is needed, the proponent shall be responsible for
obtaining a traffic impact analysis from a reputable traffic engineer.
Consistent - The property subject to the lease is part of the "West Lots" across
Collins Avenue from North Shore Open Space Park. The property has been and is
currently in use by the Log Cabin, and no change in operations is proposed. There
Page 2
Date: May 24, 2006
Log Cabin Enterprises, Inc.
8108-8140 Collins Avenue
would be no diminution of open space as no new construction is being proposed.
No additional utility or infrastructure is expected to be necessary.
3. A determination as to whether or not the proposed use is in keeping with a
public purpose and community needs, such as expanding the city's revenue
base, creating jobs, creating a significant revenue stream, and improving the
community's overall quality of life.
Consistent - This proposal does not accrue funds to the City, howeve, there is a
potential to create additional jobs. The benefits of having such a facility within the
City for training and education are important.
4. Determination as to whether or not the development is in keeping with the
surrounding neighborhood, will block views or create environmental
intrusions, and evaluation of the design and aesthetic considerations of the
project.
Consistent - The surrounding neighborhood consists of the North Shore Open
Space Park and the North Shore residential neighborhood. The continued use of
this building will not be out of character with the surrounding uses. View and
environmental considerations are not applicable.
5. The impact on adjacent properties, whether or not there is adequate parking,
street and infrastructure needs.
Consistent - The impact on adjacent properties should be minimal, as the facility is
already in use by the Log Cabin. The use should be contained within the subject
property. Parking is available, and the Log Cabin's program provides other
transport options. No further infrastructure needs are anticipated.
6. A determination as to whether or not alternatives are available for the
proposed disposition, including assembly of adjacent properties, and whether
the project could be accomplished under a private ownership assembly.
Not applicable - This property is part of the larger assembly of the City-owned west
lots. No assembly of land is necessary, nor would such be under private ownership.
Placing such a public service facility on privately owned land is probably not a
feasible option economically.
Page 3
Date: May 24, 2006
Log Cabin Enterprises, Inc.
8108-8140 Collins Avenue
7. Within the constraints of public objectives, the department should examine
financial issues such as job generation, providing housing opportunities, and
the return to the city for its disposition of property.
The Log Cabin programs do contribute to training, education and job creation, which
are important goals for the City.
8. Such other issues as the Planning Department may deem appropriate in
analysis of the proposed disposition.
Not applicable - The Planning Department has no other issues it deems
appropriate to analyze for this proposal.
JGGlRGL
F:\PLAN\$ALL\GEN_ CORR\INTEROFF\Log Cabin.doc