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99-23163 RESO RESOLUTION NO. 99-23163 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 A LEASE AGREEMENT WITH THE UNIVERSITY OF FLORIDA, ON BEHALF OF ITS COLLEGE OF ARCHITECTURE, FOR THE USE OF THE THIRD FLOOR OFFICE SPACE AT HISTORIC CITY HALL, LOCATED AT 1130 WASHINGTON AVENUE, MIAMI BEACH, FLORIDA; FURTHER WAIVING, BY SI7THS VOTE, THE INDEPENDENT APPRAISAL AND PUBLIC BIDDING REQUIREMENTS PURSUANT TO ORDINANCE NO. 92-2783, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY WHEREAS, the City and University of Florida, on behalf of its College of Architecture, previously entered into a Lease Agreement, dated July 14, 1993, for the 3rd floor office space at Historic City Hall, located at 1130 Washington Avenue, Miami Beach, Florida; and WHEREAS, the Lease term expired on July 30,1997, the University of Florida failed to timely exercise its option to extend said Lease, and the City properly notified the University that the Lease had been so terminated; and WHEREAS, on January 6, 1999, the Mayor and City Commission adopted Resolution No. 99-23023, approving the University of Florida's continued use of the subject office space on a month-to-month basis, and further authorized the City Manager to negotiate an in-kind services agreement with the University. WHEREAS, the University of Florida and the Administration have negotiated the attached Lease Agreement and associated in-kind services agreement; and WHEREAS, the proposed Lease is for a three year period from June 1, 1999, through June 30, 2002, with two (2) one year options at the City's sole discretion; and WHEREAS, the in-kind services agreement proposes a rate of seventeen and 00/100 dollars ($17.00) per square foot, per year, and shall increase by five percent (5%) per year, including option periods; and WHEREAS, the University of Florida shall also pay, as additional rent, all sales, real estate, use or excise taxes, and its proportionate share of the buildings operating expenses; and WHEREAS, pursuant to Ordinance No. 92-2783, governing the sale and lease of City- owned property, the Mayor and City Commission properly advertised and held a public hearing to obtain citizen input with regard to the proposed lease. WHEREAS, the Administration considers that it would be in the City's best interest, and therefore recommends that the Mayor and City Commission, waive by Sl7ths vote, the public bidding and independent appraisal requirements of Ordinance 92-2783, and approve the attached 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 Clerk be authorized to execute the attached Lease Agreement with the University of Florida, on behalf of its College of Architecture, for the use of the 3rd floor office space at Historic City Hall, located at 1130 W ashington Avenue, Miami Beach, Florida; further waiving, by Sl7ths vote, the independent appraisal and public bidding requirements pursuant to Ordinance No. 92-2783, finding such waiver to be in the best interest of the City. PASSED AND ADOPTED this 12th day of May, 1999. ATTEST: ~tL~ !{R T:\AGENDA\1999\MAY1299\REGULAR\UNIVFLOR.RES 5/5/99 APPROVED J>S TO FORM & LANGUAGE & FOR EXECUTION 1Ic~ 117:1 Date Author: MariaMartinez at C-H-PO Date: 11/02/2000 08:32 AM Priority: Normal Receipt Requested TO: MercediaWilliams Subject: Re[3]: Pending Documents Mercy, Please process Reply Separator Re[2]: Pending Documents Robertparcher at C-H-PO 11/1/00 4:25 PM Subject: Author: Date: Yes. Include Joe's email message with reso. Reply Separator Subject: Author: Date: Re: Pending Documents MariaMartinez at C-H-PO 11/1/00 3:48 PM Bob: Can we consider Reso 99-23163 based on Joe Damien's reply.? Thank You Forward Header Subject: Author: Date: Re: Pending Documents JoeDamien at C-H-PO 11/1/00 3:20 PM Maria: The University of Florida never executed the Lease Agreement, as they opted not continue using the space, and are no longer occupying same. I will check with Robert on the other two. Reply Separator Subject: Author: Date: Pending Documents MariaMartinez at C-H-PO 10/24/00 9:39 AM The following documents are still pending: CITY OF MIAMI BEACH CIlY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 http:\\cl.mlaml-lleach.fl.us COMMISSION MEMORANDUM NO. 3\f- '2--99 TO: Mayor Neisen Kasdin and Members oftbe City Co DATE: May 12, 1999 FROM: Sergio Rodriguez City Manager SUBJECT: A RESOL ION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LEASE AGREEMENT WITH THE UNIVERSITY OF FLORIDA, ON BEHALF OF ITS COLLEGE OF ARCmTECTURE, FOR THE USE OF THE TmRD FLOOR OFFICE SPACE AT mSTORIC CITY HALL, LOCATED AT 1130 W ASIllNGTON AVENUE, MIAMI BEACH, FLORIDA; FURTHER WAIVING, BY S/7THS VOTE, THE INDEPENDENT APPRAISAL AND PUBLIC BIDDING REQUIREMENTS PURSUANT TO ORDINANCE NO. 92-2783, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY ADMINISTRATION RECOMMENDATION: Open and continue the Public Hearing until the City Commission meeting of May 26,1999. BACKGROUND The University of Florida, on behalf of its College of Architecture (University), previously entered into a Lease Agreement, dated July 14, 1993, with the City, for the use of the 3rd floor office space at Historic City Hall. The Lease term expired because the University failed to timely exercise its option to extend the Lease. The University approached the City and advised that its failure to exercise the renewal option was due to an administrative oversight and sought approval to continue using the subject property. On January 6, 1999, the Mayor and City Commission adopted Resolution No. 99-23023, approving the University's continued use of the subject office space. Said continued use was to be on a month-to-month basis, terminable upon notice by the City, but otherwise continuing pursuant to the terms and conditions of the previously existing Lease Agreement. The Mayor and City Commission further authorized the City Manager to negotiate an in-kind services agreement with the University. The University submitted the attached in-kind services proposal which has been reviewed and recommended by the Administration. The Administration, including Planning Department staff, met with the University and provided input during the development of the University's in-kind service proposal. AGENDArrEM~ A~ DATE - 2- Leased Property Page 2 May 12, 1999 Said in-kind services are to be performed in lieu of monetary compensation to the City, as the University has done in the past, at a rate equivalent to $17.00 per square foot (PSF). The PSF rate has been established based on the average PSF rate being charged for the most recently approved lessees in Historic City Hall. Said rate has been adjusted at a rate of 3% per year from the average date of inception of the respective leases to achieve a rate which should be in keeping with the current market value for leases of this type. ANALYSIS Pursuant to the provisions of City Ordinance 92-2783 (Shapiro Ordinance) the lease of any City- owned property for a period offive years or less, but more than one year, including option periods is subject to the following conditions: . a public bidding process . an independent appraisal to determine the value of the leasehold interest . a public hearing to obtain citizen input Said Ordinance further provides that except for the Planning Department Analysis, the above referenced conditions may be waived by a 5/7ths vote of the City Commission upon a finding that the public interest would be served by waiving such conditions. The Planning Department analyzed the proposed lease agreement and accompanying in-kind services proposal, and provided a positive recommendation regarding same (see attached analysis). Given the unique nature of the proposed use and the fact that there are existing lease agreements which may be used as a baseline to facilitate the establishment of current market value, avoiding the cost of performing an appraisal of the premise would be in the City's best interest. Accordingly, the Administration recommends that the independent appraisal requirement in connection with the approval of said lease agreement be waived, by a 5/7ths vote, as required pursuant to Ordinance No. 92-2783. Moreover, in accordance with the Mayor and City Commission's determination to support higher education and retain the University's program in Historic City Hall, it is further recommended that the public bidding requirements be waived, by a 5/7ths vote, as required pursuant to Ordinance No. 92-2783. Pursuant to the additional requirements of Ordinance No. 92-2783, a public hearing is being held to discuss the proposed Lease Agreement (said hearing was scheduled, properly advertised and is scheduled to be held concurrently with this item). The Mayor and City Commission further directed the Administration to explore a request by Florida International University (FlU) to house their School of Architecture in Historic City Hall. Additionally, the University of Miami (UM) and several other educational institutions have requested that the City consider providing space for their organizations. The Administration is currently exploring the possibility of accommodating these organizations and, at the time of the writing of this memorandum, had not concluded its review of this matter. Pending the result of discussions with these organizations, the Administration will be able to make a final recommendation on this matter. Leased Property Page 3 May 12, 1999 CONCLUSION In light of the Mayor and City Commission's additional direction to explore FlU's request, aild the inquiries received from UM and the other educational institutions, the Mayor and City Commission should open and continue the Public Hearing relating to the adoption of the attached resolution. Said resolution would authorize the Mayor and City Clerk to execute the attached lease agreement with the University of Florida, on behalf ofits College of Architecture, for the use-of the third floor office space at Historic City Hall; further waiving, by 5/7ths vote, the independent appraisal and public bidding requirements pursuant to Ordinance No. 92-2783. SR:C~&ID:rdf\.....- Attachments T:IAGENDA\l999IMA Y1299\REGULARIUNIVFLOR.CMC 5/4/99 CITY OF MIAMI BEACH PLANNING DEPARTMENT ~ From: Jose Damien Asset Manager Dean Grandin c:\:2. Planning and Zoning Directod>> March 22, 1 999 To: Date: Subject: Analysis of Possible Lease of the City Owned Property at Historic City Hall, 1130 Washington Avenue, Miami Beach, to the University of Florida College of Architecture (Ordinance 92-2783) Pursuant to your request, this memorandum serves to provide an analysis of the lease of City Owned Property at Historic City Hall, 1130 Washington Avenue, Miami Beach, to the University of Florida College of Architecture. Ordinance 92-2783 of the City of Miami Beach requires that any proposed sale or lease of city-owned land be analyzed from 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 property in question, at 1130 Washington Avenue, has been owned by the City for many years. The structure was originally used as the Miami Beach City Hall. It currently houses the a variety of offices including the University of Florida College of Architecture studio. The Future Land Use Map of the City's Comprehensive Plan designates the site as PF HPS-1, Public Facility Historic. Because of the City's policy to support educational and economic development activities which provide positive and beneficial results for the citizens of the City, the leasing of this space to the College of Architecture would conform to the land use designation 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 1 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. The proposed use of the space as an architecture and 'tIrban design studio should have no impact, in terms of property value, to the surrounding area. The use of the space as proposed by the College of Archite.cture should have a negligible impact on the area vis-a-vis traffic or noise levels. 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 University of Florida College of Architecture is involved with studying the unique architectural character of our City. and undertaking projects intended to improve and beautify its visual aspect. All of this results in a positive academic climate which serves a public purpose and the community's needs. The leasing of this space to the College of Architecture will allow for its continued existence at this important and historical location in the heart of the City's Art Deco district. 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 College of Architecture will occupy space within the existing building. thus having no effect on the surrounding area. 5. The impact on adjacent properties. whether or not there is adequate parking. street. and infrastructure needs. The proposed use of this space to house the College of Architecture will not impact on the surrounding City owned properties. including the Police Department Headquarters adjacent to the Historic City Hall. Many of the. students either walk to the facility or utilize mass transit. . Furthermore, there is public parking in the police headquarters garage, as well as limited parking in Municipal lots along Washington Avenue. It is also anticipated the continued use of the site by the College will have no effect on the City's infrastructure in that the use has the same operational characteristics as prior office uses. 2 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. The College has occupied the space since August 1, 1993, and is currently on a month-to-month basis. The City could continue to allow the use of the space on such a basis. However, the formalizing of a long-term lease of this space would be preferable. The proposed use of this appropriat~ space by the College of Architecture would have no negative impact on the character of the building or the surrounding properties; indeed having the College of Architecture located in this building has served a significant public service function. The possibility of the College of Architecture finding similar space in such a prime location through the private market is unlikely. 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 proposed use of the space by the College of Architecture has had and would continue to have a public benefit in terms of generating jobs, either through faculty and staff positions created within the College of Architecture itself or through the continued focus of the design and preservation community on this historic district. The work of the College of Architecture helps to promote a strong design, preservation and educational climate, where people. want to work and live. 8. Such other items as the Planning Department may deem appropriate in analysis of the proposed disposition. Planning Staff has concluded that the lease of the subject site to the College of Architecture would not have a negative impact to the City. cc: R. Aguila DJG/RGL/rgl F:\PLAN\$ALL\GEN_CORR\INT!ROFF\UFSHAP. WPD 3 " 1700 CONVENTION CENTER DRIVE. MIAMI BEACH FLORIDA 33139 http:\\ci.miami-beach.fl.us BEACH CITY OF MIAMI OFFICE OF ASSET MANAGEMENT Telephone (305) 673-7193 Facsimile (30S) 673-7772 May 17, 1999 Mr. Jay Stein, Dean University of Florida, College of Architecture P.O. Box 115701 Gainesville, Florida 32611 RE: LEASE AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE UNIVERSITY OF FLORIDA, ON BEHALF OF ITS COLLEGE OF ARCHITECTURE, FOR THE USE OF THE THIRD FLOOR OF HISTORIC CITY HALL, LOCATED AT II30 WASHINGTON AVENUE, MIAMI BEACH, FLORIDA Dear Dean Stein: As you may know on May 12, 1999, the Miami Beach City Commission adopted a resolution approving the above referenced Lease Agreement. Please note that a scriveners error was discovered on Page 1 of the Lease Agreement and has been corrected as follows: "TERM: TO HAVE AND TO HOLD the Premises unto the Lessee, from the 1st day of June, 1999, to and including the 39tIt 31st day of Jtme May 2002." I have enclosed three copies of the Agreement. Please have each executed by the appropriate parties and return all three originally executed Agreements, to me at the following address: City of Miami Beach c/o Jose Damien, Asset Manager 1700 Convention Center Drive Miami Beach, Florida 33139 Once received, and upon execution by the Mayor and City Clerk, I will forward a fully executed copy of the Lease Agreement to you. If you have any questions or require additional infonnation please do not hesitate to call me at (305) 673-70110, extension 6727. S' ~ ( I Jose Damien Asset Manager JD:rd; 'J c: Robert Parcher, City Clerk M:\$CMBITEMPlUF _LEASE.lRN LEASE AGREEMENT THIS LEASE, executed this day of , 1998 between CITY OF MIAMI BEACH, a Florida municipal corporation (Lessor) and the University of Florida, on behalf of its College of Architecture (University), a not-for-profit Florida corporation (Lessee). WITNESSETH: The Lessor, for and in consideration of the rent herein reserved to be paid by the Lessee, and in consideration of the covenants herein to be kept and performed by the Lessee, does hereby lease and demise unto the Lessee the following described premises (the Premises) situated in the City of Miami Beach, County of Dade, State of Florida: Approximately one thousand six hundred seventy square feet (1,670 Sq. Ft.) of studio space located on the third floor of the eight story Historic City Hall building, located at 1130 Washington Avenue, Miami Beach, Florida, more particularly specifically_ detailed in Exhibit "A", which is attached hereto, and incorporated herein by reference (Demised Premises). Said Demised Premises are leased to the Lessee by the Lessor in its "as is" current condition. The Lessor agrees to provide air-conditioning and electrical service to the Demised Premises and two (2) parking permits for the Lessee's use, on a first come first served basis, in the adjacent parking garage. TERM: TO HAVE AND TO HOLD the Premises unto the Lessee, from the 1st day of June, 1999, to and including the 30th day of June, 2002. OPTION PERIODS: At the expiration of the original term hereof, provided that the Lessee is current, in good standing, and free from default hereunder, the Lessor may, at its sole discretion, grant an extension of the term of this Lease for a one (1) year period. Moreover, if said one (1) year extension is granted by the Lessor and accepted by the Lessee, at the expiration of said extension period, provided that the Lessee is current, in good standing, and free from default hereunder, the Lessor may, at its sole discretion, grant a second extension of the term of this Lease for an additional one (1) year period. RENT: In consideration for this Lease, and in lieu of a monetary rental payment, Lessee agrees to provide such "in-kind" services to the City of Miami Beach, as shall be approved by the City, in writing prior to commencement of same. at the proposed "in-kind" rate of seventeen and 00/100 dollars ($17.00) per square foot for space leased per year, as more specifically set forth in Exhibit "B", which is hereby made a part of this Agreement. Said "in-kind" rate shall increase by five percent (5%) each year for each year, including option years, on each anniversary of the effective date of this Agreement. Notwithstanding, the attached Exhibit "B", all "in-kind" services to be provided throughout the term of this Lease, shall at all times be subject to the City's review. To that end, the City reserves the right, at its sole discretion and at any time during the Lease term herein, to modify, add, reject, amend or otherwise alter and/or review the services set forth in the Page 1 of 8 attached Exhibit "B"; to the extent that the City's review of said "in-kind" services do not substantially increase the estimated rental cost per square foot. including increases, as provided herein. At any time during the term of this Lease, in the event that the parties herein cannot agree upon the scope and/or type of the "in-kind" services to be provided as consideration for this Lease, or such services. following approval by the City, are not provided in a manner satisfactory to the City. to be determined at the City's sole discretion, then the City herein reserves its right to terminate this Lease for convenience. pursuant to Paragraph 13 herein. ADDITIONAL RENT: Lessee shall also pay, as additional rem. all sales, real estate, use or excise tax(es) imposed. levied or assessed against the Premises or any other charge or payment required here by any governmental authority having jurisdiction thereover, even though the taxing statute or ordinance may purport to impose such tax against Lessor. The payment of sales tax shall be made by Lessee concurrently with payment of the fixed minimum annual rental. Lessee agrees that it will pay its Proportionate Share of real estate taxes assessed against the Building and its Proportionate Share of operating expenses in the Building, as set forth and defmed in Paragraph 2 of this Agreement. Lessee's Proportionate Share of real estate taxes will be paid upon demand accompanied by a c-opy of the paid tax bill. Lessee's Proportionate Share of operating expenses will be paid monthly (or as otherwise determined by Lessor) upon demand by Lessor. As used herein, Lessee's "Proportionate Share" means a fraction the numerator of which is the square footage of the Premises and the denominator of which is the square footage of all of the rentable area in the building of which the Premises is a part (Building), including the square footage of the Premises. COVENANTS: The Lessee agrees to keep, conform to and abide by each of the following covenants which are hereby made conditions of this Lease: 1. To pay the rent set forth herein in advance, at the times and in the manner aforesaid, and should the rent herein provided at any time remain unpaid after same shall become due, the Lessor shall have such remedies as may be granted pursuant to the laws of the State of Florida. All rent payments shall be made to the Lessor at the following address: City of Miami Beach Finance Department, c/o Revenue Supervisor, 1700 Convention Center Drive, Third Floor, Miami Beach, Florida, 33139, or at such other place as the Lessor may, from time to time, designate in writing. 2. Operating Expenses shall include all costs associated with the maintenance and operation of the Premises, including utilities and Common Area Maintenance (CAM). Utilities and CAM shall include, but are not limited to, electricity, water, gas, telephone service and garbage disposal. 3. The Lessee accepts the Premises in their present "as is" condition, and is responsible for all interior modifications and maintenance, including entrance doors. windows, and screens. Lessee must first obtain Lessor's written approval for any alteration, additions and/or improvements to the Premises and then must pay for such modifications. which shall Page 2 of 8 become Lessor's permanent improvements upon completion. Detailed plans for leasehold improvements shall be submitted to Lessor within thirty (30) days following execution of this Agreement by the parties hereto. The Lessee shall have the right to use any.equipment, furnishing and fixtures left by Lessor on the Premises. Lessor represents that such 'equipment. furnishing and fixtures, are to be used in their "as is" condition, and that Lessee is solely responsible for maintaining same, at its sole cost and expense, throughout the duration of this Agreement. In the event any of the aforesaid items are lost, stolen or damaged, they shall be replaced or repaired at the sole cost and expense of Lessee, ordinary wear and tear excepted. Upon expiration of this Agreement, Lessee shall quietly and peacefully redeliver said equipment, furnishings and fixtures to Lessor. At its option, Lessor may take inventory of the Premises, including all improvements, equipment, furnishings, and fixtures at any time prior to the commencement of, or during the term of, this Lease. 4. Lessee agrees that any noise disturbance, inconvenience, disruption, failure of any facilities, the shutting off of light or access to the Premises, or any other nuisance or nuisances, caused by or due to any repairs, alterations, improvements, additions or construction by the Lessor, its agents ,"servants or employees to any part or portion of the building and for parking areas wherein the Premises are located, shall not be deemed or construed as a breach or violation of the peaceful possession of the Premises on the part of the Lessee. It is specifically further agreed that any such conditions shall not give rise to any abatement, rebate or diminution of the rent reserved herein, nor to any liability or responsibility by reason thereof on the part of the Lessee. 5. It is understood that any property left on the Premises at the expiration of the Lease, shall be considered abandoned and shall become and be deemed the property of the Lessor. 6. Notwithstanding Paragraph 3 above, at Lessor's discretion, any and all alterations or additions made by the Lessee to or in the Premises shall at the request of the Lessor, at the expiration of the term of this Lease or sooner termination thereof, be removed by the Lessee at its cost and expense and Lessee further hereby agrees in such event, to restore the Premises to their original condition as of the date of this Lease. 7. Lessee shall not assign Lessee's interest in this Lease, nor underlet the whole or any part of the Premises, nor use the same for any purpose other than for use as an architectural studio for the students of the University without first obtaining the written consent to such assignment or underletting, or to such change of purpose for the use of the Premises, from the Lessor, which consent shall be given, if at all, at Lessor's sole discretion. Lessee further covenants that the Premises will not be used for any purpose that will invalidate any policies of insurance now or hereafter written on the building on which the Premises are located, or will increase the rate of premium thereof. 8. Lessee shall use the Premises in accordance with all laws and ordinances now or hereinafter applicable; also to exercise all reasonable care in the use of halls, stairs, corridors, Page 3 of 8 restrooms, and other fixtures and parts of the Premises used in common with other tenants in said building which may be necessary for the preservation of the property and comfort of the other tenants. 9. Lessee shall not permit or suffer any noise, disturbance or nuisance whatsoever on the Premises detrimental to same or annoying to the neighbors, and the Lessee acknowledges that the Premises have been received in thoroughly good order, tenantable condition and repair, of which the execution of this Lease, and taking possession hereunder, shall be conclusive evidence. Lessee further acknowledges that no representations as to the condition of the Premises have been made by the Lessor, or the Lessor's agent, and that no obligation as to the repairing, adding to, or improving the Premises has been assumed by the Lessor, and that no oral arrangements have been entered into in consideration of making this Lease, and that this Lease contains a full statement of the obligation of both parties hereto. 10. Lessee agrees to keep the interior of the Premises in good condition during the continuation of the term herein demised, and every part thereof, including the plumbing, doors and windows, and will keep the same in good, sound, clean condition and repair, ordinary wear and tear, fire, hurricane or other act of God alone excepted, and will not suffer or permit any strip or waste of the Premises. 11. Lessee shall permit the Lessor, or the Lessor's agent, at any reasonable time, to . enter and inspect the Premises, and make repairs, if in the Lessor's sole judgment, the Lessor should elect to do so. 12. If the Lessee shall not pay the rent herein reserved at the time and in the manner stated, or shall fail to keep and perform any other condition, stipulation or agreement herein contained, on the part of the Lessee to be kept and performed, or if the Lessee shall suffer to be filed against the Lessee and involuntary petition in bankruptcy or shall be adjudged a voluntary or involuntary bankrupt or make an assignment for the benefit of creditors, or should there be appointed a Receiver to take charge of the Premises either in the State or Federal courts, or if the Lessee shall vacate or abandon the Premises prior to the end of the term hereof, then, in any such events, the Lessor may, at the Lessor's option and sole discretion, immediately terminate and end this Lease and re-enter upon the Premises, whereupon the term hereby granted, and at the Lessor's option, all of the Lessee's right. title and interest in this Lease shall end. The exercise of any options herein contained shall not be deemed to be exclusive and the Lessor shall at all times in the event of the Lessee's default hereunder, have such remedies as may be provided by the laws of the State of Florida. 13. Notwithstanding Paragraph 12 above, this Lease Agreement may be terminated without cause and for convenience of either party at any time during the term specified, upon furnishing thirty (30) days written notice to the other party. However, in the event that the City terminates this Agreement for convenience, and such Notice of Termination falls within an academic semester of Lessee, said termination date may be extended and shall be effective at the said academic semester then in effect, or 16 weeks, whichever is earlier. Page 4 of 8 14. If the Lessee shall abandon or vacate the Premises when the same is open for business and shall cease doing business in the Premises, then, at the option of the Lessor, this Lease shall immediately terminate. 15. The Lessee pledges and assigns unto the Lessor all the furniture and fIxtures, goods and chattels of the Lessee, which may be brought or put on the Premises, as security for the payment of the rent herein reserved, and as additional consideration for this Agreement. 16. In the event the Premises, or any part thereof, shall at any time be destroyed or so damaged by fIre or other elements so as to be unfit for occupancy or use by the Lessee, then and in that event, the Lessor shall have the option to terminate this lease or to repair and rebuild the Premises. In the event the Lessor elects to exercise the option to repair and rebuild, the same shall be done and completed within a reasonable time, but in no event shall such time be more than sixty (60) days from the date of the initial damage or destruction rendering the Premises untenantable. 17. The-Lessee shall not attach any signs to the Premises, or place any lettering on the plate glass windows, unless such signs, and such lettering, have been approved by the Lessor, and are in conformance with all applicable municipal, County, State and Federal laws. 18. At the expiration of the term hereof, the Lessee shall quietly and peaceably deliver the Premises to the Lessor in the same repair and condition in which they were received, ordinary wear and tear excepted. 19. The Lessor covenants that it will keep the exterior roof and walls of the building in which premises are situated, in good repair. The Lessee shall give to the Lessor seven (7) days written notice of needed repairs, and the Lessor shall have a reasonable time thereafter within which to commence said repairs. 20. The terms Lessor and Lessee as herein contained shall include the singular and/or plural, masculine, feminine, and/or neuter, and heirs. successors. personal representatives and/or assigns of the parties hereto. 21. The failure of the Lessor in one or more instances to insist upon strict performance or observance of one or more of the covenants or conditions hereof or to exercise any remedy, privilege or option herein conferred upon or reserved to the Lessor, shall not operate or be construed as a relinquislunent or waiver for the future of such covenant or condition or of the right to enforce the same or the exercise such privilege, option, or remedy, but the same shall continue in full force and effect. The receipt by the Lessor of rent, or additional rent, or any other payment required to be made by the Lessee, or any part thereof, shall not be a waiver of any other additional rent or payment then due, nor shall such receipt, though with knowledge of the breach of any covenant or condition hereof, operate as or be deemed to be a waiver of such breach, and no waiver by the Lessor of any of the provisions hereof, or any of the Lessor's rights, remedies, Page 5 of 8 privileges or options hereunder shall be deemed to have been made unless made by the Lessor in writing. If the Lessor shall consent to the assigmnents of this Lease or to a subletting of all or a part of the Premises, no further assigmnent or subletting shall be made without the written consent of the Lessor first obtained. No surrender of the Premises for the remainder of the term hereof shall be valid unless accepted by the Lessor in writing. 22. Lessee represents and warrants that there are no claims for broker's commissions or finders' fees in connection with the execution of this Lease. 23. Lessee shall not stock, use or sell any article or undertake any activity in the Premises which may be prohibited by Lessor's insurance policies or which will increase any insurance rates or premiums for which Lessor is responsible. 24. Should any mechanics' or other liens be filed against the Premises or any part thereof for any reason whatsoever by reason of Lessee's acts or omissions or because of a claim against Lessee, Lessee shall cause the same to be cancelled and discharged, of record, by bond or otherwise within: twenty (20 days after the filing of such lien.) 25. In the event the Premises are not ready for occupancy by the Lessee upon the commencement date hereof, for any reason whatsoever, including the fact that the building in which the Premises are located has not been completed or sufficiently completed to make the Premises ready for occupancy, the Lessor shall have no liability to the Lessee by reason of the Lessor's inability to deliver possession. In such event, the rent set forth herein shall abate until such time as the Premises are ready for occupancy and the commencement date of the term hereof shall be deemed to commence upon such date, provided, however, that notwithstanding such commencement date, this Lease shall expire on the termination date set forth on Page I hereof. 26. In the event that it shall become necessary for Lessor to employ the services of an attorney to enforce any of its rights under this Lease or to collect any sums due to it under this Lease or to remedy the breach of any covenant of this Lease on the part of the Lessee to be kept or performed, regardless of whether suit be brought, Lessee shall pay to Lessor such fee as shall be charged by Lessor's attorney for such services. Should suit be brought for the recovery of possession of the Leased Premises or for rent or any other sum due Lessor under this Lease. or because of the breach of any of Lessee's covenants under this Lease, Lessee shall pay to Lessor all expenses of such suit and any appeal thereof. including a reasonable attorney' s fee. 26. Radon is a naturally occurring radioactive gas that, when it is accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of Radon that exceed Federal and State guidelines have been found in buildings in Florida. Additional information regarding Radon and Radon testing may be obtained from your County Public Health Unit. Page 6 of 8 27. Notice shall be deemed properly given hereunder when made in writing and deposited in the United States certified or registered mails, with sufficient postage prepaid thereon to carry it to its addressed destination; and the said notices shall be addressed as follows: . For the Lessor: City Manager, City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 With a copy to: City Attorney, City of Miami Beach 1700 Convention Center Drive, 4th Floor Miami Beach, Florida 33139 . For the Lessee: University of Florida, College of Architecture 1130 Washington Avenue, 3rd Floor Miami Beach, Florida 33139 or to such other address as shall from time to time be supplied in writing by any party to the other. 28. The Lessee shall indemnify, defend and hold Lessor harmless from any and all claims, liability, losses, and causes of action which may arise out of Lessee's use of the Premises under this Agreement and shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits, in the name of Lessor, and shall pay all costs (including attorney's fees) and judgments which may issue thereon. This indemnification shall not be limited in any way by the type or amount of insurance carried by Lessee. Lessee shall carry and maintain in full force and effect at all times during the term of this Agreement the following insurance coverages: a. Comprehensive General Liability in the minimum amount of Five Hundred Thousand Dollars($500,OOO) per occurrence for bodily injury and property damage. This policy must also contain coverage for premises operation, products and contractual liability . b. The City must be named as an additional insured on the policies required above. All Certificates of Insurance shall state: This insurance coverage is primary to all other coverages provided by the City of Miami Beach. c. Workers' Compensation and Employers' Liability to meet the statutory requirements of the State of Florida. d. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida and must have a rating of B+:VI or better per A.M. Best's Key Rating Guide, latest edition. e. Lessee shall furnish original certificates of insurance, evidencing the required coverage, and receive approval of same, prior to the commencement of operations. f. Certificates of Insurance shall be approved by the City's Risk Manager and kept on file in the Finance Department, Insurance and Safety Division, Third Floor, City Hall. Page 7 of 8 29. Lessor desires to enter into this Lease only if in so doing Lessor can place a limit on the Lessor's liability for any cause of action for money damages due to an alleged breach by the Lessor of this Lease, so that its liability for any such breach never exceeds the sum of , $1,000.00. Lessee hereby expresses its willingness to enter into this Lease with Lessee's recovery from Lessor for any damage action for breach of contract to be limited to a maximum amount of the amount of $1,000.00. Accordingly, and notwithstanding any other term or condition of this Lease; Lessor hereby agrees that it shall not be liable to the Lessee for damages in an amount in excess of $1,000.00, for any action or claim for breach of contract arising out of the performance or non-performance of any obligations imposed upon the Lessor by this Lease. Nothing contained in this paragraph or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon City's liability as set forth in Florida Statutes, Section 768.28. 30. Any litigation between the parties, arising out of. or in connection with this Lease, shall be initiated in the court system of the County of Miami-Dade, State of Florida. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year stated above. Signed, sealed and delivered in the presence of: Attest: LESSOR: CITY OF MIAMI BEACH By: Mayor By: City Clerk (Seal): LESSEE: University of Florida (University) a Florida not -for-profit corporation By: President By: Secretary APPROVED />S TO FORM & lANGUAGE & fOR EXECUTION JD:rd BAGENDA 11999IMA Y1299IREGULARIUF _ LEASE.CMC 5/5/99 Page 8 of 8 .~~- ~ I' - d_ ~ J~ { \'1'1\1\ I \~ 11.\ \~ \\\\~ 'ool ; ! " II -0 ; '1 ,r o o II 11 r l> Z I i , - I . ,. [gJL8J 1 .U:'. . D If- 0 = I! -.1 ,. . ~\; I, " - [dQ ~ i ~f,. ... .... ___ l...-. . (J)~ . ~I ) t ,~ _..-__ . . '\ ;.., . ~ , ~ti i(1J W ~. ~", := " IUnt \\. Ill; i.1 ..! '~I.i ;~ qi I, f; III I 2 'r I, , H'~{ II" Ii 1. ~I. III t.. tl ~: I ~I . {. ~ tr".. ~ . " .. . . ~. . () ~ . . . . ~ " co ~ .. . -t -. I .' "II , ~ I I '.. ,II .' "It + ... _ r"..:!!. ___ RXHTlUT "A." !i~?;j;; UNIVERSITY OF ..'~.. FLOR _. ' -. ~;"$: :,,,,;,.:/ IDA College of Architecture Education and Resea:-ch Center 1130 Washington A \.enue Old Ci r::. Han~ Third Floor !\liami Beach, Florida 33139 March 4, 1999 Ms. Cristina Cuervo Assistant City Manager City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Re: Projects - University of Florida, Miami Beach EduCation and Research Center Dear Kristina, I enjoyed our conversation several weeks' back and the follow up you suggested with Dean J. Grandin Jr. The University of Florida, Education and Research Center on Miami Beach is enthusiastic about the continued relationship with the City of Miami Beach Department of Planning. As you well know, Miami Beach is a wonderful urban area that we believe can be an educational lab second to none within the region. . The academic design and planning w.ork we are proposing connects the Center with projects on two scales of involvement. The first .is to work on projects that the Department and Center agree are important to the City and of benefit to the educational purposes of the Center. By their nature, these projects can be of short or long term duration. A list of possible projects, as discussed, are as follows: 1. Development of a Master Plan for the Convention Center/Govemment Center area. 2. Development of a plan for North Beach Commercial Corridor (Maimonedes Street). 3. Schematic Design of a Beach Concession/Rest Facility Prototype - using a modular approach. 4. Parking Plan for Flamingo Park area. 5. Canal Amenities Plan / Stormwater management. 6. Alton Road "Main Streef Plan. 7. Design Study for 5th street. ARCHITECTURE' BUILDING CONSTRUCTION' URBAN AND REGIONAL PLANNING. INTERIOR DESIGN. L;NDSCAPE ARCHITECTURE PHONE (305) 377-5-l85 FAX (305) 377.739Q EXHIBIT "B" IJO~/ The second group of projects would be of a long-term nature and may deal with the reconnection of the canal system to the urban pattern (mentioned in the above list) andlor a post-disaster "visicn" plan. which is concerned with looking at rebuilding efforts fcr the long-term economic sustainability of the City. Another aspect we discussed was "what projects have been done between the period of January 1997 and May of 1998" (the end of the agreed lease). The following briefiy explains those projects and according to Professor Malo, Ms. Janet Gaverette has copies of the reports and project deliverables. Two major studies were started in 1997 and completed on May 1998, related to the Miami Beach Collins Avenue/US1 Transportation Corridor: 1) Multimodal Transportation and Parking Garage at site adjacent to the Fontainebleau Hotel; and ." 2) Public Recreation and Parking Garage at site North of Eden Roc Hotel. Twelve copies of the completed Research Report Collins Avenue/Indian Creek Corridor: Transoortation & Urban Desicn Studv were delivered to Ms. Janet Gavarrete. In addition, a project design for lifeguard stations done for the Miami Beach Property Department was completed in September 1997. Approximately 24 half-inch scale basswood models and the same number of display boards were delivered to the City. All previous completed works, detailed in a letter to Mr. Harry Mavrogenes dated 9 January 1997, outlines all work done the previous years. In each case the value of the work by the Miami Beach Education and Research Center will far exceed the rent for the space. We look forward to continuing this resourceful and mutually beneficial relationship and provide the City 1ia I Beach with studies that will help your immediate and future planning and de s. ! ,. Daniel Williams FAIA Director Miami Beach Education and Research Center cc. Mayor Kasdin Dean Wayne Drummond, College of Architecture Mr. Jay Stein, Chair, School of Urban and Regional Planning Me. Dean J. Grandin Jr. ? ...t=G:, -< <J~ " ." '" m ." m ~ '" " ;;; " ~ ,.,. '" g: ." a " (;. g o ~ ". '" ill e- " o <> Q -< 0, s: ij;. ~. OJ '" " g. " " " " 5. '" o '" ." '" ;:l 3 '" a <; ~. o " I<J 5' '" <J z '" cO. ::r e- o ;. o o 0. o " '" cO. " () ::r '" =< !!. a; () o 3 ~. -< :z: o ~ ~ ::r o ." ~ <J <J ;0 Do o + s: '" ." -g. <5 <J <J () o 3 ." " ~<J ;;;. o. " <J <J .........-1" '-...J" " '< " :; ;' ;;;. <> m ~ '" '" ~ .. <> 5. " Q <> Q -< !Z. s: ~. :; CD " " g. " o !!:. o ;;;. '" '" ~ " " " -< " ~ g', " g. ~ ;:' " ~. -< g, "Tl 0' ~ 0: ., -< " " ~ '" m 0. C " ~ o. " ! C. ;0 '" '" " ., ~ " ::r () " " .. ~ -< '" " ~ to> -< " ~ ... -< '" ~ '" ., ..~/'- .) UNIVERSITY OF -. <~.Y FLORIDA omCE OF THE DEAN College of Architecture May 6,1999 331 Architecture Building PO Box 115701 Gainesville FL 32611-5701 MICMORANDUM '. '. '. TO: FROM: Mr. Jose Darnien, Asset Manager City of Miami Beach n f7 . WfI'flleDrummond,Dean ~~c. In Kind Services Agreement between the College of Architecture, University of Florida, and the City of Miami Beach - 1999-2002 SUBJ: The College of Architecture at the University of Florida has developed this detailed proposal for the use of currently unoccupied space on the third floor in Historic City Hall. Our primary educational interest is in the use of the 1,670 square feet of the third floor in exchange for in kind services. Our goal is to continue the College of Architecture's Academic and Research Center which includes all five of the academic programs of the College. These programs include architecture, landscape architecture, interior design, building construction, and urban and regional planning. We sincerely believe that the continuation of the Center in Miami Beach will have specific advantages for our students and faculty, but especIally for the preservation and continued development of the City of Miami Beach and the region. CONCEPT '. Our concept is to provide a specific public service agreement with the City for projects which are compaullle with the teaching, service and research mission of the University of Florida and the needs of the crtizens of the City of Miami Beach. 11ris approach win provide direct financial benefit to the City in return for the provision of space for the Center. Tbis concept of public service is also compatible with our goals for networking with other agencies and institutions in the area, such as Miami Dade Community College, the University of Miami, Florida Atlantic University, and Florida International University. Public services projects will serve as a catalyst for community development in areas ranging from historic preservation to the efforts of ow- Shimberg Center for Affordable Housing which in 1989 was established by the Legislature. In essence, we believe that there are extraordinary mutually beneficial opportunities in continuing the College of Architecture's Academic and Research Center in Miami Beach. . BASIC OPPORTUNITIES The basic opportunities that are immediately apparent in a mutually agreed upon program range from design studio projects to individual professional consultations and funded research. Tbis section outlines examples of these basic opportunities. AR=C'TURE . BUilDING CONSrRUCTION . URBAN AND REGIONALPLANNlNG 'INl'ERIOR DESIGN. LANDSCAPE ARCHI<ECTURE PHOJ\.'E (352) 392-4836 SUNCOM (352) 622-4836 FAX (352) 392-7260.. . Equal Opportunity I A!Iinnative ACtion lnstitution . ., -, " . " DesiV' Studios - As stated in all previous correspondence and our wOIking experience with the City, the design studios will be utilized to address very real community problems and to explore alternative solutions. These efforts generally involve one or more faculty and fifteen to eighteen students. These projects will be organized to effectively incorporate city, community, or individual client structures into the design process. The design studios will be centered around the specific project needs and will include architectural design, landscape architecture, interior design, or urban and regional phmning. Special projects ranging from preservation to affordable housing can be developed in conjunction with our research centers. The in kind contribution value ofan upper division full semester studio project will range in value from $50,000 to $70,000 depending upon the number of students and faculty involved and thell' level of seniority. This kind of effort can also be utilized in matching grant programs with state and-federal agencies. Teehnical Projects - Specific technical projects will be undertaken that could range from specific acoustical or structural analysis of historic structures to geographic information systems, economic development, lnln5portation and other community development issues. Typically these projects are conducted with a professor and several graduate research students according to the project need. Projects of this nature could range from a one-day consulting effort to an ongoing research effort that may require several years to complete. Individual COD.sultations - Specific faculty will be available as resource consultants to the City in a wid~ variety of areas frsnn preservation to regional geographic information systems. . Re<earch GraD.ts - Faculty and graduate students will be available to work on specific short or long-tenn research grants that would be generated either through the University or the City or through jointly proposed grants. Federal and state grants as well as institutional foundations are the primary SOurce of these funded efforts. Funded Research ('..ontracts - Faculty and graduate students are frequently involved in major funded research contracts. Just as in research grants these efforts will target specific areas of study and can be initiated by either the University or City or jointly sponsored efforts. Where appropriate on externally funded projects a direct expense accounting for the space will be requested. The basic opportunities outlined above should be developed into an overall multi-year plan of service that by mutual agreement will provide the maximum benefit to the City of Miami Beach and the Universtty of Florida. Ths plan will require continuous monitoring and reassessment SPECIFIC RATE STRUcrURES The University of Florida agrees to provide the outlined "in kind" services to the City of Miami Beach in return for the use of the 1670 square feet of space on the third floor of Historic City Hall plus two parking spaces as presented in the original 1993 RFP. The proposed in kind rate is at $17.00 per square foot ($2&,390/yr) inclusive of cost for service and utilities. The total for the annual lease of$28,390 therefore will be increased at 5% per year over the course of this agreement " '. , The rate schedule presented below is a general outline of the base salaries, benefits and indirect costs of the College of Architecture at the University of Florida. Specific calculations will be produced on a project by project basis which will include these factors based on the actual rates at the time of the execution of each project UndeTlVadllate Students - These students generally are not funded by the University. Therefore, it is fair to recognize their "in kind" contribution to specific projects. The range of compensation for upper division undergraduate students is from an absolute minimum of $6.00 to $14.00 per hour depending on experience. ."Fh Graduate Students - Ma~ . Teaching and research assistmts are funded by the University at a minimum $8.50 per hour plus 15% for institutional overhead. For example, one graduate student on a halftime appointment for the academic year (19.5 biweekly payments) = $6,630.00 x 15% average overhead equals $7,624.50 actual cost. Gradnate !';tudonf-. - DOMoral . A similar calculation is made for our doctoral students. Based on our minimum rates a half time appointment for the academic year would be $8,073.00 actual cost. . 8tatr Pardelp.tloa - Our ~t.a1I' !'ltte:s nmge ftoom. S 1 e,ooo to $42,000 t'br a twc1vtMntm.th pc::ttdticm. plus a. 27% benefits rate and 15% overhead. Should any proj ect require extensive organization, correspondence, tabulating or report tasks then staff wold be required to participate. An actual calculation will be provided for each project. "" \ Faculty Participation - Our faculty rates are from $38,000 to $90,200 on a nine-month basis. These rates cover the range from initial appointments as assistant professors to our most senior and prodUctive research professors. These base salary rates are supported by a 27% benefits package and 15% University overhead charges to detennine our actual costs. For example, one faculty member at a $38,000 base rate contributing to the "in kind" service concept as a half time appointment including personnel benefits for the academic year would equate to $27,750.00. Direct E:q,ense.. - Where appropriate, direct expenses for a project such as photographic and printing expenses will be attrIbuted to the project Again, we will provide actual appointment papers and additional supporting documentation for each specific mutually agreed upon project Obviously, we believe the concept of "in kind" contributions will actually far exceed our annual "in kind" lease agreement Potential Prnpnsed Pnl,jecU - A list of projects, to be provided at a later date, constitute the range of potential efforts which our Director of the Center has reviewed with staff. These as well as additional new projects will be examined to establish both the needs and priorities of the City as well as the educational mission of the College of Architecture. ORGANIZATIONAL STRUCfURE " In order to maximize the benefit to the City of Miami Beach for the required "in lcind" services to support 1ne lease obligations there should be a single coordinator for the City. We are open to any organizational proposal by the City should you desire an alternative strocture such as committee, direct reporting to a designated commisstoner, or to the departmental heads. Our experience, however, leads us to request that a single source coordinator that has an overall sense of the priorities of the City of Miami Beach be designated. The Dean of the College of Architecture will be the coordinator for our efforts both within our College and within the University of Florida. On behalf of the students and faculty of the University of Florida, we look forward to a long and positive working relationship with the City of Miami Beach. " '. \ fNf'f. CITY OF MIAMI BEACH NOTICE OF A PUBLIC HEARING NOTICE IS HEREBY given that a public hearing will be held by the City Commission of the City of Miami Beach on Wednesday, May 12, 1999 at 11:00 a.m., in the Commission Chambers, 3rd Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, to consider public comment regarding a Lease Agreement between the City and the University of Florida, on behalf of its College of Architecture, for the use of the Third Floor Office Space at Historic City Hall, located at 1130 Washington Avenue, Miami Beach, Florida. Inquiries may be directed to the Economic and Community Development Departinent at (305) 673-7193. ALL INTERESTED PARTIES 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, c/o the City Clerk, 1700 Convention Center Drive, 1st Floor. Citv Hall. Miami Beach. Florida 33139. This meeting mav be continued and under such circumstances , "-, ..... ~ additional legal notice would not be provided. Robert E. Parcher, City Clerk City of Miami Beach 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. Telephone (305) 673-7411 for assistance; if hearing impaired, telephone the Florida Relay Service numbers, (800) 955-8771 (TDD) or (800) 955-8770 (VOICE), for assistance. Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the 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.