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2008-26732 ResoRESOLUTION NO. 2008-26732 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AN ASSIGNMENT FROM THE HOLOCAUST MEMORIAL COMMITTEE, INC., A FLORIDA NON-PROFIT CORPORATION, AS LESSEE/ASSIGNOR, TO THE GREATER MIAMI JEWISH FEDERATION, INC., A FLORIDA NON-PROFIT CORPORATION, AS ASSIGNEE/NEW LESSEE, OF THAT CERTAIN LEASE BETWEEN THE CITY AND ASSIGNOR, DATED JANUARY 26, 2000, AND HAVING A COMMENCEMENT DATE OF MARCH 8, 2000, AND EXPIRING ON MARCH 8, 2099, FOR THE PREMISES COMMONLY REFERRED TO AND KNOWN AS THE HOLOCAUST MEMORIAL, LOCATED AT MERIDIAN AVENUE AND DADE BOULEVARD, IN MIAMI BEACH, FLORIDA, WITH SAID ASSIGNMENT OF LEASE TO BE EFFECTIVE AS OF JULY 1, 2008. WHEREAS, on January 26, 2000, the Mayor and City Commission approved Resolution No. 2000-23776, approving a 99 year Lease Agreement between the City and the Holocaust Memorial Committee, Inc. (hereinafter referred to as the current Lessee/Assignor), a Florida non-profit corporation, to operate and maintain the Holocaust Memorial site, located at the southeast corner of Meridian Avenue and Dade Boulevard, in Miami Beach, Florida; and WHEREAS, the term of the current Lease commenced on March 8, 2000, and expires on March 8, 2099; and WHEREAS, under the current Lease, the current Lessee/Assignor, is responsible for the operation and maintenance of the Memorial site, including all costs incident thereto; and WHEREAS, the Lease is currently in good standing and in full and effect; and WHEREAS, on October 23, 2007, and November 7, 2007, respectively, the current Lessee/Assignor, notified the City Administration and City Attorney's Office of its desire to assign its interest in the Lease to the Greater Miami Jewish Federation, Inc., a Florida non-profit corporation (hereinafter referred to as the Assignee/new Lessee); and WHEREAS, the Assignee/new Lessee has been in existence since 1939 and has assets in excess of $200,000,000.00; and WHEREAS the aforestated request for assignment of Lease was considered and unanimously recommended by the Neighborhoods/Community Affairs Committee at its December 19, 2007 meeting; and WHEREAS, accordingly, the Administration would recommend that the Mayor and City Commission hereby approve the proposed assignment, as memorialized pursuant to the attached assignment of Lease by and between the Holocaust Memorial Committee, Inc., as the current Lessee and proposed Assignor, and the Greater Miami Jewish Federation, Inc., as Assignee and the proposed new Lessee; and WHEREAS, if approved, the Assignee/new Lessee has requested that the assignment of Lease be effective as of July 1, 2008 (which is the commencement date of the Assignee/new Lessee's fiscal year); and WHEREAS, following approval by the Mayor and City Commission, the attached assignment of Lease shall be recorded in the public records of Miami-Dade County, Florida, and the Assignee/new Lessee shall, as of the effective date therein, assume and agree to timely and fully perform and comply with all of Lessee's covenants and agreements, as contained in the Lease. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve an assignment from the Holocaust Memorial Committee, Inc., a Florida non-profit corporation, as Lessee/Assignor, to The Greater Miami Jewish Federation, Inc., a Florida non-profit corporation, as Assignee/new Lessee, of that certain Lease between the City and Assignor, dated January 26, 2000, and having a commencement date of March 8, 2000, and expiring on March 8, 2099, for the premises commonly referred to and known as the Holocaust Memorial, located at Meridian Avenue and Dade Boulevard, in Miami Beach, Florida; with said assignment of Lease to be effective as of July 1, 2008. PASSED AND ADOPTED this 16th day of .7anuary , 2008. ATTEST: ~~~. ~~~~ ROBERT PARCHER, CITY CLERK OR Matt H. Bower ,~~ov~o ~s to FORM 8 LANGl1ACsE 8 FOR EX~~UT1dN ~~ COMMISSION ITEM SUMMARY (`nnrlnnccrl Ti41p• A Resolution Of The Mayor and City Commission of The City of Miami Beach, Florida, Approving The Assignment from the Holocaust Memorial Committee,Inc. to the Greater Miami Jewish Federationinc, the Lease Agreement for the Holocaust Memorial to be effective July 1, 2008. Key Intended Outcome Supported: To Ensure Well-Maintained Facilities Supporting Data (Surveys, Environmental Scan, etc.): N/A Issue: Shall the City Commission adopt the Resolution? Item Summary/Kecommenaation: The Holocaust Memorial Committee, Inc. has requested that the lease agreement for the Holocaust Memorial be assigned to the Greater Miami Jewish Federation,-Inc citing issues in membership and succession. The Greater Miami Jewish Federation, Inc. being a larger institution with greater financial stability could provide the Holocaust Memorial the necessary support to continue with the terms of the lease agreement which terminates on March 8, 2099. The Holocaust Memorial Committee will continue to serve as a subcommittee of the Greater Miami Jewish Federation, inc. to provide historic background and continuity in the management of the Holocaust Memorial. They request that the lease assignment commence on July 1, 2008 to be commensurate with their fiscal year. ADOPT THE RESOLUTION Board Recommendation: Financial Information: Source of Amount Account Funds: ~ n/a 2 3 OBPI Total Financial Impact Summary: Cit Clerk's Office Le islative Trackin Ana Cecilia Velasco x 6727 Siq Department Director Assi to t City Manager City Manager ACV TH JMG T: EN \2 \.~nuary 16\ConsentWmerican Darling Fire Hydra~ltem Summary.doc / { / AGENDA ITEM ~ 7ft m MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti H. Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager DATE: January 16, 2008 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AN ASSIGNMENT FROM THE HOLOCAUST MEMORIAL COMMITTEE, INC., A FLORIDA NON-PROFIT CORPORATION, AS LESSEE/ASSIGNOR, TO THE GREATER MIAMI JEWISH FEDERATION, INC., A FLORIDA NON-PROFIT CORPORATION, AS ASSIGNEE/NEW LESSEE, OF THAT CERTAIN LEASE BETWEEN THE CITY AND ASSIGNOR, DATED JANUARY 26, 2000, AND HAVING A COMMENCEMENT DATE OF MARCH 8, 2000, AND EXPIRING ON MARCH 8, 2099, FOR THE PREMISES COMMONLY REFERRED TO AND KNOWN AS THE HOLOCAUST MEMORIAL, LOCATED AT MERIDIAN AVENUE AND DADE BOULEVARD, IN MIAMI BEACH, FLORIDA, WITH SAID ASSIGNMENT OF LEASE TO BE EFFECTIVE AS OF JULY 1, 2008. ADMINISTRATION RECOMMENDATION The Holocaust Memorial Committee, Inc. is not in a position to maintain the lease agreement as there have been limitations in the membership of the committee. Staff recommends supporting the request of the Holocaust Memorial Committee, Inc. and assign the Lease Agreement to the Greater Miami Jewish Federation, Inc. FUNDING No funding is required in order to assign the Lease Agreement to the Greater Miami Jewish Federation, Inc. ANALYSIS On January 26, 2000, the Mayor and City Commission adopted Resolution No. 2000-23776, approving a Lease Agreement between the City and the Holocaust Memorial Committee, Inc. to operate and maintain the Holocaust Memorial, located at the Southeast Corner of Meridian Avenue and Dade Boulevard with a termination date of March 8, 2099. Under the current Lease, the current Lessee/Assignor is responsible for the operation and maintenance of the Memorial site, including all associated costs and is in good standing. On October 23, 2007 and subsequently on November 7, 2007 Mr. Harry B. Smith, the attorney representing The Holocaust Memorial Committee, Inc. requested that the Lease be assigned to the Greater Miami Jewish Federation, Inc., due to increased limitations by The Holocaust Memorial Committee, Inc. in increasing membership and succession. The current Committee would continue to serve in the capacity of a subcommittee to the Federation. T:IAGENDA12008Wanuary 161ConsentlHolocaust Memorial Lease Assignment.MEM.doc The Greater Miami Jewish Federation, Inc has been in existence since 1939 contributing a strong commitment to the mission of the Memorial and is aself-sufficient organization with assets in excess of $200,000,000.00 providing the financial stability to maintain the Memorial throughout the remaining term of the ninety-nine year lease. Additionally, this organization has the potential to be successful in qualifying and obtaining outside sources of funding to contribute to the Memorial. The assignment of the lease was brought before the Neighborhoods/Community Affairs Committee on December 19, 2007 at which time it was unanimously recommended for approval. If approved, the Greater Miami Jewish Federation, inc. has requested that the assignment of the Lease be effective as of July 1, 2008 to coincide with the commencement date of their fiscal year. CONCLUSION The Administration recommends that the Mayor and City Commission approve the assignment of the Lease Agreement to the Greater Miami Jewish Federation, Inc. T.~IAGENDA120081January 161ConsentlHolocaust Memorial Lease Assignment.MEM.doc