2007-26449 Reso
RESOLUTION NO. 2007-26449
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING A
FOURTH AMENDMENT TO THAT CERTAIN AMENDED AND
REST A TED/CONSOLlDA TED 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
PERIOD FOR THE JCC TO OBTAIN A FINAL BUILDING
PERMIT FOR THE PROPOSED IMPROVEMENTS
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 construction plans with the redesign of the internal layout of the
buildings have been submitted to the City Manager and the building permit application has
been made to the City; and
WHEREAS, the JCC has not as yet secured approval or an Environmental
Resource Permit from the Miami-Dade County Department of Environmental Resources
Management which has delayed the JCC's permitting efforts; and
WHEREAS, the JCC has proposed a modification to Paragraphs 15.8, of the
Second Amended and Restated/Consolidated Lease Agreement, to address the above
circumstance by extending certain deadlines in the Lease; and
WHEREAS, the City Administration recommends that the Mayor and City
Commission approve the proposed amendment 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 Fourth 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 period for the JCC to obtain a final building permit for the
proposed improvements.
~~
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PASSED and ADOPTED this 14th day of
ATTEST:
APPROVED AS TO
FORM & LANGUAGE
& F XECUTION
~
Date
. Attorney*
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COMMISSION ITEM SUMMARY
Condensed Title:
Resolution approving a fourth amendment to the Second Amended and Restated/Consolidated Lease
A reement between the Ci and the Miami Beach Jewish Communi Center, Inc. JCC
Ke Intended Outcome Su orted:
Increase satisfaction with recreational programs.
Issue:
Should the Mayor and the City Commission approve the fourth amendment to the lease?
Item Summary/Recommendation:
The City and the JCC are proposing a fourth amendment to that Second Amended and
Restated/Consolidated Lease Agreement to extend the time period for the JCC to obtain a final building
permit for the proposed improvements and to delay demolition which interferes with the JCC summer
program which is essential to their mission.
The Administration recommends that the Mayor and City Commission adopt the Resolution approving the
fourth amendment to the lease agreement.
Advisory Board Recommendation:
I
Financial Information:
Source of Amount Account Approved
Funds: 1
D 2
3
4
aBPI Total
Financial Impact Summary:
I City Clerk's Office Legislative Tracking:
Si
ACV
TH
City Manager
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<e MIAMIBEACH
AGENDA ITEM G 7 A
DATE ,2--/'1-07
~
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
DATE:
Mayor David Dermer and Members of the #c/mission
Jorge M. Gonzalez, City Manager q" ~
February 14, 2007 ()
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING A FOURTH 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 PERIOD FOR THE JCC TO OBTAIN A FINAL BUILDING PERMIT FOR
THE PROPOSED IMPROVEMENTS
TO:
FROM:
SUBJECT:
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANAL YSIS
Oriqinal 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 Fourth Amendment
February 14, 2007
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 Fourth Amendment
February 14, 2007
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
(Preliminary Plans) (11/08/03)'
15.5 DRB submittal Three (3) years from Commencement Date. 11/08/04 05/06/05
(Preliminary 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
appeals only.
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)
Third Amendment to the Amended and Restated/Consolidated Lease:
The City and the JCC entered into a Third Amendment to the Amended and
Restated/Consolidated Lease (Resolution 2004-25720) on June 7,2006, extending the time
periods for the JCC to secure Design Review Board approval for its new design, changes to
the internal layout and program of the proposed buildings delayed the completion of the
construction drawings. The redesign of the internal layout of the buildings 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.
The JCC 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
Proposed Fourth Amendment to the Amended and Restated/Consolidated Lease:
While the JCC has secured Design Review Board approval for its new design, submitted
Commission Memorandum - JCC Fourth Amendment
February 14, 2007
Page 4 of 4
construction plans with the redesign of the internal layout of the buildings to the City
Manager and a building permit application has been made to the City, the JCC has not as
yet secured approval or an Environmental Resource Permit from the Miami-Dade County
Department of Environmental Resources Management which has delayed the JCC's
permitting efforts.
Additionally, demolition scheduled for the summer would interfere with the JCC's ability to
provide the summer day camp that serves approximately 250 children every year. The
success of the JCC's community programs is dependent on the continuation of services for
the residents of Miami Beach and disruption during the summer months would hinder the
mission of the JCC.
Therefore, the JCC has proposed a modification to Paragraph 15.8, of the Second Amended
and Restated/Consolidated Lease Agreement, to address the above circumstances, as
follows:
15.8 Obtain Building Permits Six years from the commencement date Seven years from the
(11/8/2006) commencement date
(11/8/2007)
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 period forthe
JCC to obtain a final building permit for the proposed improvements.
JMG:TH:ACV:r1r
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