2007-26727 ResoRESOLUTION NO:
2007-26727
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, APPROVING, ON
SECOND READING, FOLLOWING A DULY NOTICED PUBLIC
HEARING, A LEASE AGREEMENT BETWEEN THE CITY AND THE
MIAMI DESIGN PRESERVATION LEAGUE, INC., FOR THE LEASE
OF APPROXIMATELY 2663 SQUARE FEET OF CITY-OWNED
PROPERTY LOCATED AT 1130 WASHINGTON AVENUE, MIAMI
BEACH, FLORIDA (HISTORIC CITY HALL), FOR THE PURPOSE
OF MDPL'S ADMINISTRATIVE OFFICES, AN ART DECO
WELCOME CENTER, AND EDUCATIONAL CENTER; SAID LEASE
HAVING AN INITIAL TERM OF ONE (1) YEAR, COMMENCING ON
MARCH 1, 2008, AND ENDING ON FEBRUARY 28, 2009, WITH AN
OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR
TERMS, AT THE CITY'S SOLE DISCRETION; FURTHER WAIVING,
BY 5/7THS VOTE, THE COMPETITIVE BIDDING AND APPRAISAL
REQUIREMENTS; AS REQUIRED BY SECTION 82-39 OF THE
MIAMI BEACH CITY CODE, FINDING SUCH WAIVER TO BE IN
THE BEST INTEREST OF THE CITY; AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE THE LEASE AGREEMENT
WHEREAS, on June 27, 2001, the Mayor and City Commission adopted Resolution
No. 2001-24482, approving a Management and Operation Agreement between the City and
Miami Design Preservation League, Inc. (MDPL) to operate MDPL's administrative offices, Art
Deco Welcome Center, and educational center in the Ocean Front Auditorium, while managing
a portion of the facility on behalf of the City of Miami Beach; and
WHEREAS, on May 10, 2006, the Mayor and City Commission adopted Resolution
No. 2006-26194, approving the renovation of the Ocean Front Auditorium and Beach Patrol
Headquarters; and
WHEREAS, the renovations, scheduled to begin in March of 2008, will displace MDPL
for a period of two (2) years; City staff has identified the first floor of Historic City Hall as an
alternative space MDPL to use during the renovation; and
WHEREAS, MDPL has expressed an interest in maintaining its administrative offices,
Art Deco Welcome Center, and educational center at Historic City Hall; and
WHEREAS, the City and MDPL have agreed to enter into a one (1) year lease, with an
option to renew for two (2) additional one (1) year terms, at the City's sole discretion, for the use
of approximately 2663 square feet of space on the 1st floor of Historic City Hall, located at 1130
Washington Avenue, Miami Beach, Florida, commencing on March 1, 2008, and ending on
February 28, 2009; and
WHEREAS, Section 82-39 of the Miami Beach City Code, governing the sale/lease of
public property, provides that the lease of any City-owned property, including option periods,
requires the following: 1) the reading of the title of the Resolution approving the sale/lease on
two (2) separate dates; 2) a public bidding process; 3) a Planning Department analysis; 4) an
independent appraisal to determine the value of the leasehold interest; and 5) a public hearing
to obtain citizen input (following second reading of the Resolution); and
WHEREAS, on October 17, 2007, pursuant to Resolution No. 2007-26691, the Mayor
and City Commission approved the Lease Agreement on first reading; waived by 5/7tns vote, the
competitive bidding and appraisal requirements; and set the public hearing for the second and
final reading; and
WHEREAS, said public hearing was held on December 12, 2007; and
WHEREAS, Section 82-39 further provides for the waiver of the competitive bidding
and appraisal requirements, by 5/7ths vote of the Mayor and City Commission, upon a finding
by the Mayor and City Commission that the public interest would be served by waiving such
conditions.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby
approve, on Second Reading, following a duly noticed public hearing, a Lease Agreement
between the City and the Miami Design Preservation League, for the lease of approximately
2663 square feet of City-owned property located at 1130 Washington Avenue, Miami Beach,
Florida (Historic City Hall); for the purpose of MDPL's administrative offices, Art Deco Welcome
Center, and educational center; said Lease having an initial term of one (1) year, commencing
on March 1, 2008, and ending on February 28, 2009, with an option to renew for two (2)
additional one (1) year terms, at the City's sole discretion; further waiving, by 5/7ths vote, the
competitive bidding and appraisal requirements; as required by Section 82-39 of the Miami
Beach City Code, finding such waiver to be in the best interest of the City; authorizing the Mayor
and City Clerk to execute the Lease Agreement.
PASSED and ADOPTED this 12th day of December , 2007.
ATTEST:
~~ ~~~
Robert Parcher, CITY CLERK
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Matti H. Bower ,MAYOR
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FORM S LANGUAGE
COMMISSION ITEM SUMMARY
Condensed Title:
Resolution approving on second reading, following a duly noticed public hearing, a lease agreement
between the City and Miami Design Preservation League, inc., for the purpose of relocation of their
administrative offices, Art Deco Welcome Center and educational center to Historic City Hall during the
renovation of the Ocean Front Auditorium.
Ke Intended c7utcome 5u orted:
Increase community rating of cultural activities
Supporting Data (Surveys, Environmental Scan, etc.):
The tourism industry in Miami Beach contributes to the quality of life for residents within the City; 78% of
residents rated overall quality of the tourism industry as excellent or good.
Issue:
Should the City of Miami Beach enter into a lease agreement with Miami Design Preservation League?
Item Summa /Recommendation:
SECOND READING PUBLIC HEARING
The City has scheduled the renovation to the Ocean Front Auditorium and Beach Patrol Headquarters for
March of 2008 which is projected to be completed in two years. The resulting construction necessitates
that the Miami Design Preservation League's operations be relocated. Due to financial constraints, MDPL
has requested that the City provide temporary space for their relocation. Available City-owned properties
have been analyzed and it is staff's opinion that the 15t floor of Historic City Hall (when completed)
provides the most viable and comparable ground floor space.
The submitted lease terms are for a one (1) year agreement, with two (2) one (1) year renewal options.
The base rent is one (1) dollar per year with no CAM charges.
The Administration recommends that the Mayor and City Commission adopt the Resolution approving the
Lease A reement allowin for the relocation of the Miami Desi n Preservation Lea ue.
Board Recommendation:
Financial Information:
Source of Amount Account
Funds: ~ n/a
2
3
OBPI Total
Financial Impact Summary:
Ci Clerk's Office Le islative Trackin
Ana Cecilia Velasco, Asset Manager
Sign-Offs:
Department Director A sis a City Manager City Manager
ACV TH JMG
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m MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, vaww.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti H. Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manage
~ ~ SECOND READING
DATE: December 12, 2007 PUBLIC HEARING
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING, ON SECOND READING, FOLLOWING
A DULY NOTICED PUBLIC HEARING, A LEASE AGREEMENT BETWEEN THE
CITY AND THE MIAMI DESIGN PRESERVATION LEAGUE, INC., FOR THE
LEASE OF APPROXIMATELY 2663 SQUARE FEET OF CITY-OWNED
PROPERTY LOCATED AT 1130 WASHINGTON AVENUE, MIAMI BEACH,
FLORIDA (HISTORIC CITY HALL), FOR THE PURPOSE OF MDPL'S
ADMINISTRATIVE OFFICES, AN ART DECO WELCOME CENTER, AND
EDUCATIONAL CENTER; SAID LEASE HAVING AN INITIAL TERM OF ONE (1)
YEAR, COMMENCING ON MARCH 1, 2008, AND ENDING ON FEBRUARY 28,
2009, WITH AN OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR
TERMS, AT THE CITY'S SOLE DISCRETION; FURTHER WAIVING, BY 5/7THS
VOTE, THE COMPETITIVE BIDDING AND APPRAISAL REQUIREMENTS; AS
REQUIRED BY SECTION 82-39 OF THE MIAMI BEACH CITY CODE, FINDING
SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY; AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE THE LEASE AGREEMENT.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
On June 27, 2001, the Mayor and City Commission adopted Resolution No. 2001-24482,
approving a Management and Operation Agreement between the City of Miami Beach (City)
and Miami Design Preservation League, Inc. (MDPL) to operate their administrative offices,
Welcome Center, and educational center in the Ocean Front Auditorium while managing a
portion of the facility on behalf of the City of Miami Beach.
As part of this Agreement, the MDPL provides the following services:
• Operate, manage and maintain the Auditorium as a public multi-purpose community
resource centered on an outstanding cultural and historic exhibition, archive and
educational center;
• Manage and direct the operations and activities of the Ocean Front Auditorium;
• Maintain the interior of the Premises;
• Foster the creation of an Art Deco Historic District Interpretive Center; Barbara Baer
Capitman Archives; and Historic District Museum Center; and
• Utilize the Auditorium for Art Deco Week related events.
Commission Memorandum -MDPL Lease Agreement
December 12, 2007
Page 2 of 3
Subsequently, on May 10, 2006, the Mayor and City Commission adopted Resolution No.
2006-26194, approving the renovation of the Ocean Front Auditorium and Beach Patrol
Headquarters. The renovations, scheduled to begin in March of 2008, will displace MDPL for
a period of two years. Based on their financial position, MDPL has requested that the City
identify alternative space for them during this period. City staff has identified a portion of the
first floor of Historic City Hall as an alternative space to house MDPL during the renovation.
Although MDPL is concerned that the foot traffic on Washington Avenue is not comparable
to the foot traffic on Ocean Drive which affects their retail operation that helps sustain their
activities, MDPL has expressed an interest in maintaining its administrative offices, the
Welcome Center and educational center at Historic City Hall. City staff is working with
MDPL on alternate solutions for a satellite location for their retail operation in addition to the
space in Historic City Hall.
Although MDPL will not manage and operate Historic City Hall as a whole, it will continue to
provide the same following services:
• Manage and direct the operations and activities of the Leased Premises;
• Maintain the interior of the Leased Premises;
• Foster the creation of an Art Deco Historic District Interpretive Center, Barbara Baer
Capitman Archives; and Historic District Museum Center; and
• Utilize the Leased Premises for Art Deco Week related events.
The City and MDPL are proposing to enter into a one (1) year lease, with an option to renew
for two (2) additional one (1) year terms, at the City's sole discretion, for use of
approximately 2,663 square feet of office space on the 1 st floor of Historic City Hall located
at 1130 Washington Avenue, Miami Beach, Florida commencing on March 1, 2008 and
ending on February 28, 2009.
It is anticipated that a second agreement regarding a satellite location for MDPL's retail
operation may follow at a future City Commission Meeting. MDPL has requested assistance
by the City in locating a temporary satellite location that is more comparable to the
pedestrian tourist traffic that can be found on Ocean Drive. While Historic City Hall has the
space requirements for most of their current functions, it is not a store front and that section
of Washington Avenue does not presently have comparable pedestrian tourist traffic. MDPL
projects that the revenue loss from relocating the retail operation will be substantial and
could jeopardize the economic standing of the organization.
The Lease Agreement, as negotiated, includes the following additional terms and conditions:
• BASE RENT:
MDPL, which is anon-profit corporation, will pay one ($1) dollar per year as base
rent.
OPERATING EXPENSES:
Due to the disruption of relocating the Welcome Center and retail operation, with
retail sales being the principal source of revenue for the organization, the operating
expenses (CAM) are being waived. Currently MDPL pays the City one thousand
($1,000) dollars in CAM for the management and operation of the Ocean Front
Auditorium.
Section 82-39 of the Miami Beach City Code, governing the sale/lease of public property,
provides that the lease of any City-owned property, including renewal periods, requires the
following:
Commission Memorandum -MDPL Lease Agreement
December 12, 2007
Page 3 of 3
1) the reading of the title of the Resolution approving the sale/lease on two (2)
separate dates;
2) a public bidding process;
3) a Planning Department analysis;
4) an independent appraisal to determine the value of the leasehold interest; and
5) a Public Hearing to obtain citizen input (following second reading of the
Resolution);
Section 82-39 further provides for the waiver of the competitive bidding and appraisal
requirements, by 5/7ths vote of the Mayor and City Commission, upon a finding by the Mayor
and City Commission that the public interest would be served by waiving such conditions. In
this situation, a waiver of competitive bidding and appraisal requirements is appropriate
because MDPL is a long standing non-profit organization with a mission to preserve, protect
and promote the 20th Century structures located in the designated historic districts of Miami
Beach. There is not a comparable organization in the City that offers these same services.
Furthermore, the proposed Lease Agreement provides for a waiver of rent payments and
common area maintenance charges, which has the effect of causing the bidding and
appraisal requirements that help determine a market rate for the space a moot issue.
On October 17, 2007, pursuant to Resolution No. 2007-26691, the Mayor and City
Commission approved the Lease Agreement on first reading; waived by 5/7ths vote, the
competitive bidding and appraisal requirements; and set the public hearing for the second
and final reading on December 12, 2007. A Planning Department Analysis will be presented
upon second and final reading and said analysis will address issues pertinent to urban
design, historic preservation and land use planning and zoning.
Based on the foregoing, the Administration recommends that the Mayor and City
Commission of the City of Miami Beach, Florida, approve on second reading, following a
duly noticed Public Hearing, a Lease Agreement between the City and Miami Design
Preservation League, Inc., for lease of approximately 2,663 square feet of City-owned
property located at 1130 Washington Avenue, Miami Beach Florida (Historic City Hall), for
the purpose of MDPL's administrative offices, an Art Deco Welcome Center and educational
center for an initial one (1) year term, commencing on March 1, 2008, and ending on
February 28, 2009, with an option to renew for two (2) additional one (1) year terms, at the
City's sole discretion; further waiving, by 5/7ths vote, the competitive bidding and appraisal
requirements, as required by Section 82-39 of the Miami Beach City Code, finding such
waivers to be in the best interest of the City; authorizing the Mayor and City Clerk to execute
the Lease Agreement.
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PLANNING DEPARTMENT
INTEROFFICE MEMORANDUM
TO: Tim Hemstreet, Assistant City Manager
FROM: Jorge G. Gomez, Planning Director ,~~~~ ~~ ~C~ __ - ~°m=a•~^
DATE: November 15, 2007
SUBJECT: Analysis of Proposed Lease with Miami Dade Preservation League (MDPL)
Historic City Hall, 1130 Washington Avenue
Pursuant to your request, this memorandum will serve as a planning analysis of the lease
Agreement between the City of Miami Beach and Miami Dade Preservation League (MDPL)
for the use of approximately 2663 square feet of office space on the 1 st floor of Historic City
Hall at 1130 Washington Avenue), for the purpose of MDPL's Administrative offices, an Art
Deco Welcome Center, and an educational center .
Section 82-38 of the Code of the City of Miami Beach requires that any proposed sale or
lease of City-owned land be analyzed from a planning perspective so that the City
Commission and the public are fully appraised of all conditions relating to the proposed sale
or lease. The following is an analysis of the criteria delineated in the Code:
1. Whether or not the proposed use is in keeping with city goals and objectives
and conforms to the city comprehensive plan.
Consistent -The property is located within the PF Public Facilities future land use
category, and surrounded by the CD-2 medium intensity commercial future land use
category. The lease agreement between the City and Miami Dade Preservation League
(MDPL) is consistent with the future land use category description contained in the
Comprehensive Plan.
2. The impact on adjacent property, including the potential positive or negative
impacts such as diminution of open space, increased traffic, noise level or enhanced
property values, improved development patterns and provision of necessary
services. Based on the proposed use of the property, the city shall determine the
potential impact of the project on city utilities and other infrastructure needs and the
magnitude of costs associated with needed infrastructure improvements. Should it
become apparent that further evaluation of traffic impact is needed, the proponent
shall be responsible for obtaining a traffic impact analysis from a reputable traffic
engineer.
Consistent -The property subject to the lease is in the existing Historic City Hall,
and previously was used as office space as well. There would be no diminution of open
space as no new construction is being proposed. No additional utility or infrastructure is
expected to be necessary.
3. A determination as to whether or not the proposed use is in keeping with a
public purpose and community needs, such as expanding the city's revenue base,
Page 2
Date: November 15, 2007
Miami Dade Preservation League (MDPL)
Historic City Hall, 1130 Washington Avenue
creating jobs, creating a significant revenue stream, and improving the community's
overall quality of life.
Consistent - The space is proposed to be used by MDPL as a temporary home
during the renovation of their current location at the Ocean Front Auditorium and Beach
Patrol Headquarters. In this way, MDPL can maintain their offices, the Welcome Center and
Educational Center during the renovation, thus providing the services they are currently
providing now.
4. Determination as to whether or not the development is in keeping with the
surrounding neighborhood, will block views or create environmental intrusions, and
evaluation of the design and aesthetic considerations of the project.
Consistent -The surrounding neighborhood consists of the Washington Avenue
commercial corridor and the City of Miami Beach Police Headquarters. This use on the 1st
floor of Historic City Hall will not be out of character with the surrounding uses. View and
environmental considerations are not applicable.
5. The impact on adjacent properties, whether or not there is adequate
parking, street and infrastructure needs.
Consistent -The previous use on this property was office space, therefore, there
should be no negative impact on adjacent properties. As this use is existing, and is
adjacent to a parking garage, there are no issues with respect to required parking. No
further infrastructure needs are anticipated.
6. A determination as to whether or not alternatives are available for the
proposed disposition, including assembly of adjacent properties, and whether the
project could be accomplished under a private ownership assembly.
Not applicable -This is a City-owned property, of which this proposed use is a
small portion of the available space. No assembly of land is necessary, nor would such be
under private ownership.
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 lease agreement does not anticipate a financial return to the City, as
MDPL is anon-profit corporation which the City helps to support. However, the continuation
of the MDPL activities which is achieved by this lease should contribute positively to the
City's tourism-based economy.
8. Such other issues as the Planning Department may deem appropriate in
analysis of the proposed disposition.
Not applicable -The Planning Department has no other issues it deems
appropriate to analyze for this proposal.
JGG/RGL
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CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING
NOTfCE IS HEREBY given that a second reading and public hearing will be held by
the Mayor and City Commission of the City of Miami Beach, Florida, in the
Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami
Beach, Florida, on Wednesday, December 12, 2007, at 11:15 a.m., to consider
Approving A Lease Agreement Between The City And The Miami Design Preservation
League, Inc., For The Lease Of Approximately 2663 Square Feet Of City-Owned
Property Located At 1130 Washington Avenue, Miami Beach, Florida (Historic City
Hall), For The Purpose Of MDPL's Administrative Offices, An Art Deco Welcome
Center, And Educational Center; Said Lease Having An Initial Term Of One (1) Year,
Commencing On March 1, 2008, And Ending On February 28, 2009, With An Option
To Renew For Two (2) Additional One (1) Year Terms, At The City's Sole Discretion;
Further Waiving, By 5/7ths Vote, The Competitive Bidding And Appraisal
Requirements; As Required By Section 82-39 Of The Miami Beach Clty Code, Finding
Such Waiver To Be In The Best Interest Of The City.
Inquiries may be directed to the Office of Asset Management at (305) 673-7193.
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. Copies of this ordinance are available for public Inspection during nor-
mal business hours in the City Clerk's. Office, 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 ClerkCity of Miami Beach
Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that: 'd 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 ver-
batim 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 C~~rt ~ e~ntroda owed bydmvission of otherwise inadmissible or irrele-
vant evidence, nor does it authorize challenges or appeals
To request this material in accessible format, sign language interpreters, information on access for persons with disabilities, and/
or any accommodation to review any document or participate m any city-sponsored proceeding, please contact (305) 604-2489
(voice), (305)673-7218(fTY) five days in advance to initiate your request. TTY users may also ca11711 (Florida Relay Service).Ad
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