98-22787 RESO
RESOLUTION NO. 98-22787
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
AN AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE CITY AND THE MIAMI
BEACH POLICE ATHLETIC LEAGUE, INC. (P.A.L.) FOR THE PROPERTY LOCA TED AT 999-
11TH STREET, MIAMI BEACH, FLORIDA; SAID AMENDMENT, IN PART, CHANGING THE
TERM OF THE LEASE FROM JULY 1, 1996, THROUGH JUNE 30, 2001, TO JULY 1, 1998
THROUGH JUNE 30, 2023.
WHEREAS, on May 15, 1996, the City and the Miami Beach Police Athletic League, Inc., executed a Lease
Agreement for leasing of property located in Flamingo Park, 999 11'h Street, forthe period of July 1, 1996, to June 30,
2001; and
WHEREAS, in 1997, the Miami Beach Police Athletic League, Inc. was awarded grant funding, in the amount
of$225,000.00, from Miami-Dade County under the Safe Neighborhood Parks Bond Program to assist in the funding
of the cost of the new Miami Beach Police Athletic, Inc. Youth Resources Center; and
WHEREAS, one requirement of the Safe Neighborhood Parks Bond Program is that grant funds used for the
purposes of development, improvement, rehabilitation or restoration be expended only on lands owned by a grantee,
or on lands for which the grantee holds a lease or other use agreement for an unexpired term of twenty-five (25) years;
and
WHEREAS, the original Lease Agreement was approved by the Mayor and City Commission for a five (5)
year term; and
WHEREAS, the Administration has negotiated the attached First Amendment to the current Lease Agreement,
effectively changing the term therein to twenty-five (25) years, thereby making the Miami Beach Police Athletic League,
Inc., eligible to receive its funding under the grant pursuant to the Safe Neighborhood Parks Bond Program; and
WHEREAS, pursuant to Ordinance No. 92-2783, governing the lease and/or sale of City Property, a duly
advertised public hearing was held on June 17, 1998, in order to obtain citizen input into the proposed Amendment.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, approving and authorizing the Mayor and City Clerk to execute the attached First
Amendment to the Lease Agreement between the City and the Miami Beach Police Athletic League, Inc. (P.A.L.), for
the property located at 999-11 th Street, Miami Beach, Florida; said Amendment, in part, changing the term of the Lease
from July I, 1996, through June 30, 2001, to July I, 1998 through June 30, 2023.
PASSED and ADOPTED this 17th day of June
,1998.
~YOR
ATTEST:
CIT~Y ~
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
F :\POLI\ TECHSER V\ACREDIT\P AL \Iease extension.res. wpd
1'1 Jffihit
ify Attorney
~
~ITY OF MIAMI BEACH
ITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
.tp:\\ci.miami-beach. fl. us
COMMISSION MEMORANDUM NO. 3g(...l1g
TO:
Mayor Neisen O. Kasdin and
Members of the City Commission
DATE: June 17, 1998
FROM: Sergio Rodriguez
City Manager
SUBJECT: A RESOLUT N F THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO
THE LEASE AGREEMENT BETWEEN THE CITY AND THE MIAMI
BEACH POLICE ATHLETIC LEAGUE, INC. (PAL) FOR THE PROPERTY
,. LOCATED AT 999-11TH STREET, MIAMI BEACH, FLORIDA; SAID
AMENDMENT, IN PART, CHANGING THE TERM OF THE LEASE FROM
JUL Y 1, 1996, THROUGH JUNE 30, 2001, TO JULY 1, 1998 THROUGH
JUNE 30, 2023.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
BACKGROUND
On May 15, 1996, the Mayor and City Commission executed a new lease agreement with the Miami
Beach Police Athletic League, Inc. to lease the property at Flamingo Park, 999-11th Street. The lease
was for a period of five years.
In 1997, the Miami Beach Police Athletic League, Inc. was awarded a financial grant from Miami-
Dade County under the Safe Neighborhood Parks Bond Program to assist in funding the building of
a new Miami Beach Police Athletic League Youth Resources Center. One requirement of the Safe
Neighborhood Parks Program is that the grant funds be used solely for the purposes of development,
improvement, rehabilitation or restorations only on lands o'M1ed by a grantee, or on lands for which
the grantee holds a lease or other use agreement for an unexpired term of 25 years. These proposed
amendments will only change the length of the lease from five years to a total of 27 :f: years, and will
change the name of the former City Manager to the current City Manager.
On May 20, 1998, the Mayor and City Commission called for a public hearing, to be held today, at
10:45 a.m., in the City Commission Chambers, pursuant to the requirements of Ordinance 92-2783,
AGENDA ITEM RIA.
DATE~
-1-
which establishes procedures for the sale and/or lease of city property, and, in part, requires that the
Mayor and City Commission hold a public hearing advertised not less than 15 days prior to the
hearing in order to obtain citizen input. The City Clerk advertised the public notice as required by
the above referenced ordinance.
ANALYSIS
Miami Beach Police Athletic League has been awarded this grant and is eligible for future grant
funding under the Miami-Dade County Safe Neighborhood Parks Bond Program. However, funding
is contingent upon the Miami Beach Police Athletic League, Inc. holding a minium 25-year lease.
The adoption of this resolution will enable the Miami Beach Police Athletic League, Inc. to accept
the funding by extending the existing lease through June 30, 2023 to construct the aforementioned
Youth Resources Center.
The Planning Department has prepared an analysis of the proposed lease, pursuant to Ordinance No.
92-2783, and has found the continued use of the subject site by the Police Athletic League to be
appropriate (see attached memorandum from Dean Grandin, Planning and Zoning Director, dated
June 5, 1998).
CONCLUSION
The Mayor and City Commission should adopt the resolution, following the public hearing.
S~~~/PS
F:\POLI\ TECHSER v\POLICIES\COM _MEMO\lease extension.mem. wpd
-2-
FIRST AMENDMENT TO LEASE AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH
AND THE MIAMI BEACH POLICE ATHLETIC LEAGUE
This First Amendment to the Lease Agreement, dated May 15, 1996, for the property located
at 999-11 th Street, Miami Beach, Florida, between the CITY OF MIAMI BEACH, a Florida
Municipal Corporation (City), hereinafter referred to as the "Lessor," and the MIAMI BEACH
POLICE ATHLETIC LEAGUE, INC. ~tot for P'Poration (PAL.), hereinafter referred to
as the "Lessee," is entered into this ~ day of , 1998.
WITNESSETH
WHEREAS, on May 15, 1996, the Mayor and City Commission adopted Resolution
No. 96-21987, approving a Lease Agreement with the P.A.L. for the lease of the property located
at 999-11 th Street (Property) for a five (5) year period; and
WHEREAS, in 1997, the P.A.L. was awarded a grant from Miami-Dade County under the
Safe Neighborhood Parks Bond Program to assist in funding the building of the new P.A.L. Youth
Resources Center to be l6cated on the Property; and
WHEREAS, one of the requirements of the Safe Neighborhood Parks Bond Program is that
grant funds used for the purposes of development, improvement, rehabilitation or restorations are
to be expended only on lands owned by the grantee, P .A.L., on lands for which the grantee holds a
lease or other use agreement for an unexpired term of twenty-five (25) years.
NOW, THEREFORE, in consideration of the mutual premises set forth herein, the Lease
Agreement is amended as follows:
1. Paragraph 4 on Page 1 ofthe Lease Agreement shall be amended as follows:
TO HAVE AND TO HOLD the premises unto the Lessee, from the 1 st day of July, 1996,
to and including the 30th day of June 2Bet 2023, the Lessee yielding and paying to the
Lessor the rental sum of one dollar ($1.00) per year, as well as providing permanent
improvements to the premises as described in the attached Exhibit B, and subject to the
approval of the Lessor.
2. The noticing requirements addressed in Paragraph 30 on Page 6 of the Lease Agreement shall
be amended as follows:
F or the Lessor:
J05' GalGia-P,dr05a Sergio Rodriguez
City Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Page 1 of 2
3. All other terms and conditions of the Lease Agreement between the Lessor and the Lessee
shall remain in full force an effect.
IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to the
Lease Agreement to be executed by their duly authorized officials on the day first above indicated.
ATTEST:
_~CLt(~AI'--
CITY CLERK
ESSEE/MIAMI BEAC OLICE ATHLETIC LEAGUE, INC.
.~
v!:r ~/~.
Authorized Signatory
Bernie Winer, Executive Director
Name and Title of Signatory
SR:HSM:JD:rd
F:\POLI\ TECHSER v\POLICIES\P AL \pal_agr.hsm 5/22/98
APPROVED AS TO
FORM & lANGUAGE
& FOR EXECUTION
~~
Page 2 of 2
CITY OF MIAMI BEACH """-
Planning, Design and Historic Preservation~
Interoffice Memorandum
To:
Jose Damien
Asset Manager
From:
Dean Grandin ~
Planning and Zoning Direct~
Date:
June 5, 1998
Subject: Analysis of Pending Application for the extension of the lease aggreement between
the City of Miami Beach and the Miami Beach Police Athletic League
(Ordinance 92-2783)
Pursuant to your request, this memorandum serves to provide an analysis for the extension of the
lease aggreement between the City and the Miami Beach Police Athletic League.
Ordinance 92-2783 of the City of Miami Beach requires that any proposed sale or lease of city-
owned land be analyzed from a planning perspective in order that the City Commission and the
public are fully apprised of all conditions relating to the proposed sale or lease. What follows,
herein, are each of the eight criteria prescribed in said ordinance and a response to each:
1. Whether or not the proposed use is in keeping with City goals and objectives and
conforms to the City Comprehensive Plan.
The Police Athletic League has been operating in their present location at Flamingo Park
since July of 1996. At that time the executed lease agreement was for a five year period. As
the original agreement was found in compliance the extension of the lease will not
contravene the goals and objectives of 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.
This extension of the lease agreement will not have a negative effect on the surrounding area
of Flamingo Park. The funding source, which will assist in the building of the new Youth
Resource Center, requires the grantee to hold a twenty-five year lease agreement.
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, reducing
City costs, creating jobs, creating a significant revenue stream and improving the
community's overall quality of life.
The Police Athletic League serves an important function to the community. Extending the
lease agreement, which is a requirement of the Bond Program, will ensure that approved
renovation and expansion of the existing facility will be constructed which will better serve
the needs of the community.
4. Determination as to whether or not the development is in keeping with the surrounding
neighborhood, will block views, or create other environmental intrusions, and
evaluation of the design and aesthetic considerations of the project.
The extension of the lease agreement will ensure that there is funding for the already
approved expansion of the facility. The surrounding neighborhood will not be negatively
affected.
5. The impact on adjacent properties, whether or not there is adequate parking, street,
and infrastructure needs.
The lease extension is requested to secure a funding source for the previously approved
renovation and expansion of the existing facility. There will be no increased impact on the
infrastructure needs of the area.
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.
As stated above, the lease extension is requested to secure a funding source for the previously
approved renovation and expansion of the existing facility. This criterion is not applicable.
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.
Extending the lease agreement will help secure an important funding source for the
expansion ofthe existing facility. The renovation and expansion will create temporary jobs
during the construction phase.
8. Such other items as the Planning Department may deem appropriate in analysis of the
proposed disposition.
The Miami Beach Police Athletic League has had an agreement with the City since 1973 to
operate a facility on Flamingo Park. For the past twenty-five years the Police Athletic
League has provided sports and recreational activities for the youth of the community. This
has filled an important need for the City. Extending the lease agreement will ensure that
adequate funding will be available to renovate and expand the facility thus ensuring the
continuing service that the Police Athletic League provides for the City.
DJG/JGG
F:\PLAN\$ALL\CC_MEMOS\P AL.ANL
. . Tropic Magazine. . .
CITY OF MIAMI BEACH ~
NOTICEOFAPUBUCHBUUNG ~
NOTICE IS HEREBY given that a public hearing will be held by
the City Commission of the City of Miami Beach, on Wednesday,
June 17,1998, at 10:45 a.m., in the Commission Chambers. 3rd
floor, City Hall, 1700 Convention Center Drive, Miami Beam,
Florida, to consider public comment regarding an Amendment to
change the term of the Lease between the City and the Miami
Beach Police Athletic League, Inc., for the property located in
Flamingo Park. 999 11 th Street, Miami Beach, Florida.
Inquiries may be directed to the Police Department at 673-7880.
All persons are invited to appear at this meeting or be
represented by an agent, or to express their views in writing
addressed to the City Commission clothe City Clerk, 1700
~Qnvention Center Drive, 1st Floor. City Hall, Miami Beach,
Flirida 33139.
If~.1fSuant to Section 286.0105. Fla. Stat., the City hereby advises
t1te public that: if a person decides to appeal any decision made
by the City Commission with respect to any matter considered at
its meeting or its hearing, such person must ensure that a
verbatim record of the proceedings is made, which record
includes the testimony and evidence upon which the appeal is to
be based. This notice does not constitute consent by the City for
the introduction or admission of otherwise inadmissible or
irrelevant evidence, nor does it authorize challenges or appeals
not otherwise allowed by law.
In accordance with the Americans with Disabilities Act of 1990,
persons needing special accommodation to participate in this
proceeding should contact the City Clerk's office no later than
four days prior to the proceeding. Telephone (305) 673-7411 for
assistance; if hearing impaired, telephone the Florida Relay
Service numbers, (800) 955-8771 (TDD) or (800) 955-8770
(VOItE), for assistance. S30\'..:ljf- ,.
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