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2000-24158 RESO RESOLUTION NO. 2000-24158 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY AND UNIDAD OF MIAMI BEACH, INC. FOR A PORTION OF THE CITY-OWNED PROPERTY LOCATED AT 833-6TH STREET, MIAMI BEACH, FLORIDA, FOR A TEN (10) YEAR TERM, COMMENCING ON DECEMBER 1, 2000, AND ENDING ON NOVEMBER 30, 2010, FOR USE AS ADMINISTRATIVE OFFICES AND ONE-STOP CENTER; FURTHER WAIVING, BY 517THS VOTE, THE COMPETITIVE BIDDING AND APPRAISAL REQUIREMENTS, AS SET FORTH IN SECTION 82-39 OF THE MIAMI BEACH CITY CODE, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY WHEREAS, on September 9, 1998, the Mayor and City Commission adopted Resolution No. 98-22863, approving a Lease Agreement between the City and UNIDAD of Miami Beach, Inc. (UNIDAD) for the use of a portion of the City-owned South Shore Community Center, located at 833-6th Street (the Property) as an administrative office; and WHEREAS, on June 23, 1999, the Mayor and City Commission adopted Resolution No. 99-23211, approving a new Lease Agreement between the City and UNIDAD for the continued use of that portion of the Property, as an administrative office; and WHEREAS, UNIDAD recently informed the City that it is in a position to upgrade its category as a grants recipient which would allow them to continue to expand their programs and provide additional services to our community; and WHEREAS, UNIDAD applied for and was awarded additional funding via grants from the Training and Employment Consortium of South Florida and the Department of Labor, and these grants will continue to provide for counseling, education, and employment training to the City's youth, immigrant, refugee, and senior citizen population; and WHEREAS, these grants allow for the continued expansion ofUNIDAD's operations and provid the opportunity to continue servicing all areas of the City. UNIDAD continues to be in need of the aforementioned office space and has requested that the City provide additional office space within the Property; and WHEREAS, UNIDAD further advised that in order to continue to receive funding, the granting authority requires that UNIDAD provide confirmation that it obtained a long term commitment for the use of an expanded office area to meet its programming needs; and WHEREAS, UNIDAD has thus requested to enter into a long term lease with the City, for an expanded portion ofthe City-owned South Shore Community Center; and WHEREAS, the Administration and UNIDAD have negotiated and agreed to the terms contained in the attached Lease Agreement, for a ten (10) year term, commencing on December 1, 2000, and ending on November 30, 2010; and WHEREAS, the City further recognizes that UNIDAD is an asset, and provides a much needed service to our community and deems that supporting its request would be in the City's best interest; and WHEREAS, Section 82-39 of the Miami Beach City Code, governing the sale/lease of public property, provides for the waiver of the competitive bidding and appraisal requirement, by 5/7ths vote of the Mayor and City Commission, for leases of City land of more than five years, upon a finding by the Mayor and City Commission that the public interest would be served by waiving such conditions. 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 are authorized to execute the attached Lease Agreement between the City and UNIDAD of Miami Beach, Inc., for a portion of the City-owned South Shore Community Center, located at 833-6th Street, Miami Beach, Florida, for a ten (10) year term, commencing on December 1, 2000, and ending on November 30, 2010, for use as administrative offices and One-Stop Center; and that the competitive bidding and appraisal requirements set forth in Section 82-39 of the Miami Beach City Code, be waived, by 5/7ths vote, finding such waiver to be in the best interest of the City. PASSED and ADOPTED this 8th day of November, 2000. ATTEST: ~Le~ ~J MAYOR JMG:CMC:JD:rlr T:\AGENDA\2000\NOV0800\REGULAR\UNIDAD,RES 11/01/00 APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION /l~1 4rtJt~ )fl. 2 - tfl} r., ~ ~ . CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH. FLORIDA 33139 http:\\ci.miami-beach.fl.us TO: FROM: SUBJECT: COMMISSION MEMORANDUM NO. ~50 -OU Mayor Neisen O. Kasdin and Member ofthe City Commission DATE: November 8, 2000 Jorge Gonzalez \ ~ City Manager a - u A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY AND UNIDAD OF MIAMI BEACH, INC. FOR A PORTION OF THE CITY-OWNED PROPERTY LOCATED AT 833-6TH STREET, MIAMI BEACH, FLORIDA, FOR A TEN (10) YEAR TERM, COMMENCING ON DECEMBER 1, 2000, AND ENDING ON NOVEMBER 30,2010, FOR USE AS ADMINISTRATIVE OFFICES AND ONE-STOP CENTER; FURTHER WAIVING, BY 517THS VOTE, THE COMPETITIVE BIDDING AND APPRAISAL REQUIREMENTS, AS SET FORTH IN SECTION 82-39 OF THE MIAMI BEACH CITY CODE, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY PUBLIC HEARING ADMINISTRATION RRCOMMENDATION: Adopt the Resolution. ANALYSIS: On September 9, 1998, the Mayor and City Commission adopted Resolution No. 98-22863 approving a Lease Agreement between the City and UNIDAD of Miami Beach, Inc. (UNIDAD) for the use of a portion of the South Shore Community Center located at 833-6th Street. On June 23, 1999, the Mayor and City Commission adopted Resolution No. 99-23211 approving a new Lease Agreement between the City and UNIDAD for the continued use of the South Shore Community Center space. UNIDAD has been utilizing space in the South Shore Community Center to provide information and referrals to existing community agencies and service providers targeting the whole area of the City. UNIDAD applied for, and has been awarded grants by the Training and Employment Consortium of South Florida (TECSF) and the Department of Labor (DOL) for various programs. The TECSF has granted funds via the following programs: Recapture Program (approximately $50,000) which provides assistance to youths who have dropped out of school or have been in trouble with the law. The program provides for assisting these individuals with obtaining General Education Diplomas, counseling, short term career training, employment assistance and the expunging of records to assist them AGENDA ITEM DATE R-IA (t-l!)-OD with getting a fresh start. Refugee and Employment and Integration Program (approximately $100,000) which provides education in the English language and short term career training to allow these individuals to more easily integrate into the community. Dislocated Workers Program (approximately $100,000) which is designed to assist unemployed individuals in getting back into the work force and provide re-training to allow them to become more competitive in the current job market. Title II A Program (approximately $107,000) which provides for training individuals for new careers and assists with transition from government subsidies to self sufficiency. The DOL has provided grants via the Senior Aides Program (approximately $557,000) to assist in the re-employment of senior citizens in public and community service related jobs. The funding received by UNIDAD through these grants will continue to provide counseling, education, and employment training to the City's youth, immigrant, refugee, and senior citizen population, on a city-wide basis. UNIDAD continues to be in need of its existing office space and has requested to continue to lease the property at 833-6th Street on a long term basis. Moreover, UNIDAD has increased its programs by approximately 75% and has received funding as a One-Stop Center for Miami Beach, and is seeking the City's assistance with this expansion. The One-Stop Center is designed to be a jobs and benefits office which offers all the programs previously mentioned, in addition to unemployment information, workers compensation, and a full time social service/information and referral staff. The proposed Lease Agreement (Exhibit A) includes an increase of approximately 977", square feet, from 493 square feet to 1470 square feet (Exhibit 1 of Lease Agreement), until such time as the proposed rehabilitation of the South Shore Community Center is completed. Once completed, the leased space will increase to 2209 square feet (Exhibit 2 of Lease Agreement). In addition, UNIDAD, like the other facility users, will have the ability to use other portions of the facility, such as the classrooms and auditorium when not previously programmed for ongoing use. This will expand the area accessible to UNIDAD by an additional 4000 square feet (Exhibit 2-A of Lease Agreement) that will enable the organization's compliance with the funding source requirements. The proposed Lease Agreement begins on December 1, 2000, and ends on November 30, 2010. The Agreement provides for UNIDAD to pay a rental sum of One Dollar ($1.00) per year, in addition to any sales, use or excise tax(es) for space. Additionally, UNIDAD will pay its proportionate share of Common Area Maintenance (CAM). CAM includes operating expenses, based on the square footage of the rentable area in the building, as well as all utilities within the leased premises including, but not limited to electricity, water, gas, telephone and garbage disposal. The 1859 square feet that UNIDAD will be occupying consists of approximately 11.6% of the overall leasable space of 12,672 square feet currently available at the South Shore Community Center. The Property Management Division has calculated that annual CAM costs for the Center for Fiscal Year 1999-2000 were approximately $84,000. As such, UNlOAD's pro-rata share, as previously described, will be approximately $12,322.91 per year ($1,026.90 per month). City Code Section 82-36 through 82-40 Requirements Since the proposed Lease is for a term of more than one year, the provisions of Section 82-36 through 82-40 (the "Shapiro Ordinance", No. 92-2783) are applicable. Pursuant to said provisions, the lease of any City-owned property for a term of five years or more, including option terms, is subject to the following conditions: . a Planning Department analysis . a public hearing to obtain citizen input . an advertised public bidding process . an independent appraisal to determine the fair market or rental value of the property Said provisions further provide that except for the public hearing and the Planning Department analysis, the above referenced conditions may be waived by a 5/7ths vote ofthe City Commission upon a finding that the public interest would be served by waiving such conditions. As such, waivers will be required for the public bidding process and independent appraisal for this transaction. A public hearing has been scheduled on this date, and the Planning Department analysis of the proposed Lease Agreement is attached for City Commission consideration (Exhibit B). The proposed Lease Agreement also contemplates future improvements to the South Shore Community Center which are to be partially funded via the recently issued General Obligation (G.O.) Bond. A question regarding the use of tax exempt G.O. Bond funds for properties which are leased to private organizations was raised with Bond Counsel. Bond Counsel opined that the use by not- for-profit charitable organizations {Internal Revenue Code Section 50 I (c )(3)}, of properties improved with G.O. Bond monies would be appropriate. A written opinion (Exhibit C) from Bond Counsel, stated that the tax exempt status ofthe G.O. Bonds would not be adversely affected ifthe user charitable organizations are determined to be of a not-for-profit status by the Internal Revenue Service, and that the activities conducted by said organizations: are in keeping with the public purposes of the City, and are in keeping with the charitable purposes for which said organizations were established, and will not result in any unrelated business income to the organization within the meaning of the provisions of the Internal Revenue Code, and so long as the period of the lease does not exceed the lesser of : half of the remaining life of the loans, or twenty-five percent (25%) of the useful economic life of the property It has been determined that the remaining life of the G.O. Bond related loans are approximately twenty (20) years; that the useful economic life of the property, as rehabilitated, is not less than twenty (20) years; that UNIDAD is a qualified 501 (c)(3) charitable not-for-profit organization; and as such, the proposed Lease Agreement would not be violative of the above cited provisions. In the coming months, the Administration will be drafting Lease Agreements with all other tenants currently occupying the Center. As a result of the proposed renovations, the Administration deemed it would be in the best interest of all parties concerned, to draft new lease agreements contemplating the completion of the improvements reflecting each agency's usage of space at the South Shore Community Center. Such leases will also include prospective cost sharing of CAM and reserves for repair and replacements. The matter has been discussed with a majority of the tenants, who have voiced support and agreement with the Administration's position that all tenants pay their pro-rata share of CAM costs. The Administration has determined that leasing the premises to UNIDAD would help support a portion of the City's population who are most in need of help and would be in the best interest of the City of Miami Beach. The Administration will strive to minimize any impact to the agencies, continue to provide support, and not interrupt these important community services. However, UNIDAD has recently informed the City that it is in a position to upgrade their category as a grants recipient which would allow them to continue to expand their programs and provide additional services to our community. UNIDAD further advised that in order to continue to receive funding, the granting authority requires that UNIDAD provide confirmation that they obtained a long term commitment for the use of office space to meet their programming needs. UNIDAD has requested that the City provide this long term commitment to provide office space to meet their programming needs. The Administration recommends the approval of the attached Lease Agreement between the City and UNIDAD for a portion of the City-owned property located at 833-6th Street, for a ten (10) year term, beginning on December 1,2000, and ending on November 30, 2010, and further recommends waiving by 517ths vote, the competitive bidding and appraisal requirements, as set forth in Section 82-39 of the Miami Beach City Code, finding such waiver to be in the City's best interest. JMG:C~:JD:rlr T:\AGENDA\2000\NOV0800IREGULAR\lJNIDAD.MEM 11101/00 LEASE AGREEMENT THIS LEASE, executed this 8th day of November, 2000, between CITY OF MIAMI BEACH, a Florida municipal corporation (Lessor), and UNIDAD OF MIAMI BEACH, INC., a non-profit corporation, d/b/a Miami Beach Hispanic Community Center (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 1859 square feet of administrative office space, as more specifically delineated in Exhibit 1, attached hereto and incorporated herein, located on the 2nd floor of the two story building known as the South Shore Community Center and located at 833 - 6th Street, Miami Beach, Florida, more particularly described as Lots 6 thru 11, Block 73, Ocean Beach Addition No.3, Plat Book 2, Page 81, Public Records of Miami- Dade County, Florida, which upon completion of the proposed Rehabilitation Project shall be redesignated as follows: Approximately 2209 square feet, on a full time basis (Area A), 1435 square feet on a part-time basis (Areas B,C,D), and 2,500 square feet, as may be made available based upon programmed uses approved by the City within the South Shore Community Center (Area E), as more specifically delineated in Exhibit 2 and Exhibit 2-A, attached hereto and incorporated herein, located on the 1st and 2nd floors of the South Shore Community Center. TO HAVE AND TO HOLD the Premises unto the Lessee, or a term of ten (10) years, beginning on the 1st day of December, 2000, and ending on the 30th day of November, 2010, the Lessee yielding and paying to the Lessor the rental sum of One Dollar ($1.00) for the Lease term, as agreed by the parties hereto, payable upon execution of this Lease Agreement Lessee shall be required to pay Lessor interest at the highest rate permitted by law on any rents or other payments due Lessor hereunder that remain unpaid after its due date; and, to the extent any payment of rent or other charge remains unpaid for a period of ten (10) days after its due date, in addition to any other remedies, Lessee shall pay to Lessor a late charge of fifty ($50.00) dollars to cover Lessor's additional administrative expenses. Lessee shall also pay as "additional rent", 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 there over, 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 minimum rent. Lessee agrees that it will pay its Page 1 of 9 , Proportionate Share of real estate taxes assessed against the South Shore Community Center and its Proportionate Share of Common Area Maintenance (CAM) in the South Shore Community Center, as set forth and defined in Paragraph 2 of this Agreement. Lessee's Proportionate Share of real estate taxes will be paid upon demand accompanied by a copy of the paid tax bill. Lessee's Proportionate Share of CAM as set forth in Paragraph 2 of this Agreement, 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 (i.e. the South Shore Community Center) of which the Premises is a part, including the square footage of the Premises. The Lessee hereby understands that during the lease term the Lessor may initiate substantial rehabilitation (the Rehabilitation Project) of the South Shore Community Center, in which the Premises are located. As such, the Lessee further understands that the vacation of the Premises may be required during the term, or a portion of the term of the Rehabilitation Project. The Lessee hereby agrees that if necessary and within fifteen (15) calendar days from receipt of written notice from the Lessor, the Lessee shall vacate the Premises and remove any and all personal property until such time as the aforementioned rehabilitation is completed. The Lessee further agrees that reoccupation of the Premises shall not be permitted until written authorization is received from the Lessor that such reoccupation may begin. Notwithstanding the preceding sentences Lessor shall use its best efforts to provide relocation space to Lessee during the Rehabilitation Project. The Lessor agrees that in the event the Lessee is required to vacate the Premises as described in the paragraph above, Lessee's Proportionate Share of CAM as set forth in Paragraph 2 of this Agreement shall be abated during the period that the Premises are uninhabitable. Said period shall begin effective the day that the Lessee vacates the Premises after receiving written notice from the Lessor as described in the paragraph above, and end fifteen (15) days after Lessee receives written notification that reoccupation has been authorized, as described in the paragraph above. However, except as provided above, Lessee shall be required to continue paying all other rent as provided herein throughout the term of this Lease Agreement, including any rehabilitation period, whether or not the Lessee is required to vacate the Premises during said rehabilitation period. Upon Lessee's reentering of the Premises, at the completion of the Rehabilitation Project, CAM costs shall be recalculated based on the square footage of the redesignated space as reflected in Exhibit 2 and Exhibit 2-A. 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 rents set forth herein in advance, at the times and in the manner aforesaid, and should the rents 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, Page 2 of 9 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. Annual CAM costs for Fiscal Year 1999-2000 for the South Shore Community Center, and for purposes of this Lease Agreement, have been calculated, as determined by the City's Property Management Division, at approximately $84,000. Lessee will be occupying approximately 1859 square feet or 14.7% of the overall leasable space of 12,672 square feet currently available at the South Shore Community Center. For the term of this Lease, Lessor and Lessee agree that the CAM, as defmed above, shall be One Thousand Twenty Six 90/100 Dollars ($1026.90) per month, and shall be due and payable by the Lessee in the manner provided above. CAM costs shall be adjusted accordingly, in the event that the size of the Premises is increased as a result of the Rehabilitation Project, and in accordance with the redesignated space as reflected in Exhibit 2 and Exhibit 2A, and in the event that costs associated with maintenance and operation of the South Shore Community Center increase and on a prorated share of any other portion of the facility that is used on a part-time or as available basis. 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 become Lessor's permanent improvements upon completion. Detailed plans for leasehold improvements shall be submitted to Lessor within thirty (30) days following Lessor's completion of the Rehabilitation Project. 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 Page 3 of 9 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 herein, 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 administrative office for the Miami Beach Hispanic Community Center, and One Stop Center, 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. 7. a. Lessee agrees and understands that since improvements to the South Shore Community Center are to be partially funded by General Obligation (G.O.) Bond moneys that it will comply with the terms and conditions, as required by the City's Bond Counsel, outlined as follows: I) Lessee's purpose must be a not-for-profit charitable organization in accordance with Internal Revenue Code Section 501 (c)(3), and provide the Lessor with evidence of same. 2) The activities conducted by Lessee must be in keeping with the public purposes of the City; and with the charitable purposes for which Lessee's organization was established. 3) Lessee's activities will not result in any unrelated business income to Lessee within the meaning of the provisions of the Internal Revenue Code, and the regulations and rulings thereunder, relating to tax exempt organizations. 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, 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. Page 4 of 9 9. Lessee shall not pennit 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. 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 pennit 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 Lessee abandons or vacates the Premises prior to the expiration of the term hereof, or if Lessee fails to make the rent payments as set forth herein and said payment is not made within fifteen (15) days after written notice of such failure is given to Lessee, or if Lessee fails to discharge or bond off any lien filed on the Premises within fifteen (15) days of written notice from Lessor to Lessee, or if Lessee fails to perform in accordance with any of the other terms and conditions herein contained, and such default is not cured within thirty (30) days after written notice is given to Lessee, then Lessor may terminate this Lease without further notice to Lessee and, additionally, pursue any and all legal remedies available to seek redress for such default, with the prevailing party paying all reasonable legal fees. 13. 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. 14. 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. 15. 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. Page 5 of 9 16. 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. 17. 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. 18. 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. 19. 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 relinquishment 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, 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 assignments of this Lease or to a subletting of all or a part of the Premises, no further assignment 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. 20. Lessee represents and warrants that there are no claims for broker's commissions or finders' fees in connection with the execution of this Lease. 21. 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. 22. 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 canceled and discharged, of record, by bond or otherwise within twenty (20 days after the filing of such lien.) 23. 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 Page 6 of 9 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 shaH expire on the termination date set forth on Page 1 hereof. 24. In the event that it shaH become necessary for Lessor to employ the services of an attorney to enforce any of its rights under this Lease or to coHect 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 shaH pay to Lessor such fee as shaH 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 aH expenses of such suit and any appeal thereof, including a reasonable attorney's fee. 25. 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. 26. Notice shaH 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 1700 Convention Center Drive 4th Floor Miami Beach, Florida 33139 For the Lessee: UNlOAD of Miami Beach, Inc. c/o Miami Beach Hispanic Community Center 1701 Normandy Drive P.O. Box 416479 Miami Beach, Florida 33141 or to such other address as shall be supplied in writing by any party to the other. Page 7 of 9 27. 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 ($500,000) 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. 28. 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. Page 8 of 9 29. 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: By: LESSOR: CITY OF MIAMI BEACH 1Jty~ Attest: By: By: M LESSEE: UNIDAD of Miami Beach, Inc. By: t! %:SidL!7 Witness (Seal): JMG:CMC:JD:rlr APPRovEo AS TO FORM&1.ANGuAGf & FOR EXECUTION ~ \\.;;.-ov T:\AGENDA \2000\NOV0800\REGULAR\UNIDADSO.LSE11/01/00 Page 9 of 9 CJl X -< :r: CJl I -< ;u m m -< ~...:::=--=-.-?.!"':__._-.. ''''r , I 'I I ; i 'L-' , I t I f r-:' l ~.. 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L LJlJ -:?~y:::-- fL=. :i ,i II il I.: : i i i:=--~ I: I ~ i : !; ii " ;1 __=-=-_ i' , " il ===---=-'"..~----- ...JI ;: I~~O_=='= 1'1 ,II ~- It==::::=-ll------- .---~ Ii ,_~~~i, :_-- --, "I I!, iil ~::=..=--=--.:- i: I; !.=-;'= I t_ ! r "0 f~ c~~c I L , p='-- = I , I r r~~~~-'=' ~l ~__ ~ _ ' 0 i I --~----,-;=---==-~ ~J______ _J ]i I .. ! ;: r----~l! 'II -I L -,i; ~~"'--- . Ii III :: rr,~ L-' " ::' -- r1'--I, , Iii:' l______~ 1'---- - -~ i ~;----:----::::.~ f==" :: -..JI r 0 f ~l _n ( [I" I- ~" Ililol: (tJ~ :~~ cJ~ ::~~ -' o rJ~ [!J~ , o o ii'li ,i 1\ I, d II II " Ii Ii --Di r--",- II, I I; ili ~ L I I~'~ 'I I ~~ I~Ji~, ~ J f~ 1:;1" ..' -~) 0!! ~I Exhibit 2 - A 8 -'-=.,: I _ ~1 Ii :r~' '.~~i il ~~ " I, I --I :.......... .-:v, ii..- 'Ii -- C-' ,~Ilj .. r j'ii -I 8' ., 'I I -- , f!11 --! ii ~l! :.n UA OO~ ,,~ 1...:..- ~! ~~ Ill! ~ ~- Em .- , nl b~ I'_==--~_ I " ;:--.=-~ I' : " i I: I'--~- ;, .! Ii II 'i I IU -=.=- iIli 'I', ',F""'=;''''''''-==~-= ,-:ii Ii I': --'~ II,' I' ,~~"~~-~ II il 1\ \' I i.~-"=--"~--= _I Ii "!ii 'j " li__.___,-, II!~ !OJ~ ~i ,~~n :::::jl !.~Jltt ~I -\ 'f": ~t(. . ;;,~~ ~~~ f--I -,. Il!~~ ~!~2 !-ili,.- li:-j ~-. -, ~ \..1 , nl [J~ ^ ~! Gi .- i;ll wi'> , e"~~=:=oo~'-- i: ;i- ~---~-,=--~ CITY OF MIAMI BEACH PLANNING DEPARTMENT lD To: From: Christina M. Cuervo Assistant City Manager Jorge G. Gomez dtIIt-. Planning and Zoni~9'birector October 26, 2000 Analysis of the City Owned Property at South Shore Community Center (833 6th Street) for Lease to Unidad of Miami Beach, for the operation of the Miami Beach Hispanic Community Center (Ordinance 92-2783) Date: Subject: Pursuant to your request, this memorandum serves to provide an analysis of the lease of City Owned Property at the subject property. 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 property in question, 833 6th Street, is the site of the South Shore Community Center. The Future Land Use Map of the City's Comprehensive Plan designates the site as PF, Public Facility. The leasing of a portion of the facility to Unidad of Miami Beach, for use as the Miami Beach Hispanic Community Center, 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 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 tr'ilfficilmpact analysis from a reputable traffic engineer. 'J~ =I ~IV Z- liON 00 Exhibit B The site currently contains an existing community center, and the continued use of the site as a community center should not have any negative impact on the surrounding area. 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 Community Center has become an important facility for many of the residents of the City. The facility's presence has improved the community's overall quality of life. 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 City has proposed a restoration and rehabilitation of the existing building, which may also include a small addition or other exterior work. The proposal for leasing space within the facility is does not generate any new construction, however, nor should the leasing of the facility interfere with the City's proposed plans for restoration and rehabilitation of the building. 5. The impact on adjacent properties, whether or not there is adequate parking, street, and infrastructure needs. There should be no negative impact on adjacent properties. While parking is a problem throughout the City, the proposed lease should not significantly increase the need for parking. Since the facility is in currently in operation, 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. There are very few alternative locations with the appropriate zoning/land use classification to accommodate a community center in the neighboring area. Assembly of adjacent properties is not likely. 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. 2 The community center facility may moderately increase the job base of the City (e.g., instructors, community service workers, etc.). The proposed expansion of the facility would have the potential to further increase this job base to a moderate degree. No housing opportunities are created under the current facility or the proposed expansion. 8. Such other items as the Planning Department may deem appropriate in analysis of the proposed disposition. Planning Staff has not identified any further items. JGG/RGUrgl F:\PLAN\$ALL\GEN_CORR\INTEROFF\UDADSHAP.WPD 3 10/2J/00 10:11 FAr 850 4J2 0677 lICPS Iill 002 .. '" : ~WOmc:ESOF MILLER, CANFIELD, PADDOCK AND STONE, P .L.C. A PROFESSIONAL LIMITED LlABILrrY COMPANY . 2S WEST CEDAR STIlEEI". sum soo PENSACOlA,I'LORlDA32S01 8SOI469-1088 TEUCQPY ISOI43Ul677 OP COUNSEl. RtClWt/) L !.OTT P=CIII D. l..o'I1' A.'IN.. HOUJDA Y_t< October 16. 2000 City of MiamI. Beach Miami Beach. F10rida Murray H. Dubbtn. Esq. Miami Beach. Florida $15,910,000 CITY OF MIAMI BEACH. FLORIDA LOAN FROM THE CITY OF GULF BREEZE. FLORIDA LOCAL GOVERNMENT LOAN PROGRAM. FLOATING RATE DEMAND REVENUE BONDS. SERIES 1985B AND $14,090.000 CI'lT OF MIAMI. BEACH, FLORIDA LOAN FROM THE CITY OF GULF BREEZE, FLORIDA LOCAL GOVERNMENT LOAN PROGRAM. FLOATING RATE DEMAND REVENUE BONDS. SERIES 1985E Dear Ladies and GentIMT1M'l' We have acted as bond counSel to the City of Gulf Breeze, F1or1da, in connection with the above-referenced loans to the City of Miami Beach. Florida (the "Governmental Unit''), pursuant to the laws of the State of Florida. particularly Chapter 166, Part !, and Chapter 163. Part I, Florida Statutes, as amended. (collectively. the 4Act") and other applicable provisions of law, Resolution No. 2000-23966, (the "AuthoriZing Resolution''), and Loan Agreements dated as of June 1, 2000 (the "Loan Agreements"), by and among the Governmental Unit. .SunTrust Bank. as Trustee (the "Trustee") and Lane Gilchrist, Mayor, as Adrnin1strator (the "Administrator'') actlDg on behalf of the City of Gulf Breeze, Florida. (the .Sponsor"). Capit"Ii.,..ed tenns used herein which are defined in the Loan Agreements shall have tile me<;onings set forth therein unless the cont=t hereof expressly requires otherwise. Pursuant to the Loan Agreements and the Tax .And Non-Arbitrage Cert1D.cates executed on the date of the closings of the Loans, the Governmental Unit bas agreed that it W1ll neither make nor cause to be made any investment or other use of the proceeds of the Loans which would cause the Bonds to be .arbitrage bonds. under Sect10n 103 of the 1954 Code, as amended. and the Exhibit C ~<J, ":'J;UU .l.U:J.":' r'.-i.....I. ">,Jv .....>..; UOII .l1C?S IeJ OOJ regulations issued thereunder, and that it will comply With the requ:1rements of such Section and regulations throughout the term of the above-referenced Bonds. so as not adversely affect the ta,-exempt status of the Bonds. The Govemmental Unit also agreed not to make any disposition of property financed With the Loan proceeds If such d1sposition Is not accompanied by a Favorable Opinion of Bond Counsel respecting the tax-e."{empt status of the Bonds. Such agreements are referred to herein as the 'Covenants". We understand that the Governmental Unit proposed to permit ~ non-profit organtzations (the 'Charities') to make use of facilities owned by the Governmental Unit and financed ill part \Vith the proceeds of the Loans. You have asked our opinion concerning whether such uses would cause the Governmental Unit to violate the covenants in the Loan Agreements with respect "to the tax-exempt status of the Bonds. In particular, ofll.c1als of the Governmental Unit have represented to us that portions of the Loan-financed facilIties may be leased to or otherwise used by the Charities under arrangements obligating the Clty to permit such occupancy for periods not e."'CceedJng t.l:1e lesser of (1) half of the rema.inJng life of the Loans or (11) twenty- five percent of the useful economic life (using the applicable ADR life for federal tax purposes). We further understand that the Charities ~ill only be comprised of not- for-profit organizations dete:rmined by the Internal Revenue SeIv1ce to be Tax- Exempt Organizations, and that the activities caIT1ed on at the Loan-financed facilities by the Charities will be for the public purposes of the Governmental Unit as well as for the charitable purposes for which such Charities are orgaruzed. and will not result 1n any unrelated business income Withln the meaning of the provis1ons of the Intanal Revenue Code. and the regulations and rJl1ngs thereunder. relating to Tax-Exempt Organlzations. For purposes hereof. the term "Tax-Exempt Organization" means a not-for-profit organlzation or entity organized" and existing under the laws of one of the states of the United States of America which Is an organization described In Section 501(c)(3) of the Code, e."{empt from federa11ncome taxes under Section 50l(a) of the Code or any successor provision or sirrtllar lmport hereafter enacted and not a 'private foundation" within the meanmg of Section 509(a) of the Code Based upon such understand1ngs. we are of the opinion that permitting the Charities to utilize the Loan-financed facilities upon such cond1tions will not adversely affect the tax-exempt status of the Bonds, and will not cause the Governmental Unit to violate its Covenants. Respectfully submitted. M1ller Canfield Paddock and Stone, P.L.C. , 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, November 8, 2000, at 2:30 p.m., in the Commission Chambers, 3rd Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, to consider a lease agreement with Unidad of Miami Beach, Inc. For the lease of a portion of a City-Owned Property located at 833 - 6th Street, Miami Beach, Florida, including the proposed waiver of the competitive bidding and appraisal requirements, as set forth in Section 82-39 of the Miami Beach Code. Inquiries may be directed to the City Manager's office at (305) 673-7010. 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, City Hall, Miami Beach, Florida 33139. This meeting may be continued and under such circumstances additional legal notice would not be provided. Robert E. Parcher, City Clerk City of Miami Beach 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. 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 (TOO) or (800) 955-8770 (VOICE), for assistance.