2000-23776 RESO
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RESOLUTION NO. 2000-23776
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A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, APPROVING A LEASE
AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE
HOLOCAUST MEMORIAL COMMITTEE, INC., TO OPERATE
AND MAINTAIN THE HOLOCAUST MEMORIAL SITE LOCATED
AT THE SOUTHEAST CORNER OF MERIDIAN AVENUE AND
DADE BOULEVARD ON MIAMI BEACH, AND WAIVING BY
517THS VOTE THE PUBLIC BIDDING PROCESS AND
INDEPENDENT APPRAISAL REQUIREMENTS PURSUANT TO
ORDINANCE NO. 92-2783, FINDING SUCH WAIVER TO BE IN THE
BEST INTEREST OF THE CITY.
WHEREAS, the Holocaust Memorial Committee, Inc. (the Committee), a not-for-profit
corporation, previously entered into an Agreement with the City, dated July 31,1987, to construct
and operate a Holocaust Memorial at the southeast comer of Meridian Avenue and Dade Boulevard
(the Agreement); and
WHEREAS, on January 23, 1991, and on February 5, 1992, the Committee and the City
executed a First and Second Amendment, respectively, to the Agreement to provide for certain
changes in the membership to the Committee's Board of Trustees; and
WHEREAS, on July 28, 1993, the Committee and the City executed a Third Amendment
that set forth each of the parties' financial responsibilities with respect to the Agreement; and
WHEREAS, the parties have negotiated the 99 Year Lease Agreement, setting forth the
Committee and the City's respective responsibilities with respect to the ongoing maintenance and
operation of the Memorial; and
WHEREAS, pursuant to the provisions of Ordinance No. 92-2783, the lease of any City-
owned property for a period of more than five (5) years, including option periods, is subject to a
Planning Department Analysis, a public bidding process, an independent appraisal and a public
hearing, which shall be advertised no less than fifteen (15) days in advance of said hearing; and
WHEREAS, due to the unique nature of the property, and due to the pre-existing Agreement
with the Holocaust Memorial Committee, the Administration recommends a waiver of the public
bidding process and the appraisal requirement; and
WHEREAS, on July 21,1999, the Mayor and City Commission set a public hearing for
September 14, 1999, to consider a Lease Agreement between the City and the Committee; and
WHEREAS, on September 17, October 6, and November 17, 1999, the Mayor and City
Commission opened and continued the public hearing to January 26, 2000; and
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WHEREAS, the City has complied with the Planning Department analysis and public
hearing requirements pursuant to Ordinance No. 92-2783, and would further recommend, pursuant
to the" Ordinance, that the Mayor and City Commission waive, by 5/7ths vote, the competitive
bidding process and appraisal requirements, finding such waiver to be in the best interest of the City.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission approve the attached Lease Agreement between the City of Miami Beach and the
Holocaust Memorial Committee, Inc., to operate and maintain the Holocaust Memorial, located at
the southeast corner of Meridian A venue and Dade Boulevard on Miami Beach, and waive by 5/7ths
vote, the public bidding process and independent appraisal, finding such waiver to be in the best
interest of the City.
PASSED and ADOPTED this 26th day of January, 2000.
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MAYOR
ATTEST:
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CITY CLERK
SR/CMC/rar
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APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:I\cLmlami-beach.fl.us
COMMISSION MEMORANDUM NO. 9 0 . 00
TO:
Mayor Nelsen O. Kasdln and
Members of the City Commission
Lawrenee A. Levy , L
City Manager ~
DATE: January 26, 2000
FROM:
SUBJECT:
PUBLIC HEARING
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING A LEASE
AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE
HOLOCAUST MEMORIAL COMMITTEE, INC., TO OPERATE AND
MAINTAIN THE HOLOCAUST MEMORIAL SITE LOCATED AT THE
SOUTHEAST CORNER OF MERIDIAN AVENUE AND DADE
BOULEVARD ON MIAMI BEACH AND WAIVING BY 517THS VOTE THE
PUBLIC BIDDING PROCESS AND INDEPENDENT APPRAISAL.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
The Holocaust Memorial Committee, Inc. (the "Committee"), a not-for-profit corporation, previously
entered into an Agreement with the City of Miami Beach (the "City") dated July 31,1987, to
construct and operate a Holocaust Memorial at the southeast corner of Meridian Avenue and Dade
Boulevard. Upon completion of the improvements, the Committee tendered the improvements to
the City by a Bill of Sale and the City accepted said donation.
On January 23, 1991, and on February 5, 1992, the Committee and the City executed a first and
second amendment to the Agreement, respectively, to provide for certain changes in the membership
to the Committee's Board of Trustees.
On July 28, 1993, the Committee and the City executed a third amendment that provided the
following:
. the City would pay for all water, electricity and gas consumed on the premises
. the Committee would be responsible for all telephone charges of the premises
. the Committee would be responsible for all costs of security at the Memorial when it is open
and the City would be responsible for such costs when the Memorial is closed
. the Committee agreed to deposit $250,000 required pursuant to the Agreement
. the Committee agreed to be responsible for maintenance of the premises
. the City agreed to provide general liability coverage through the City's Self Insurance
Program and to purchase all risk property damage coverage insuring the Memorial at a cost
not to exceed $10,000.
AGENDA ITEM R 1 ('
DATE '-?-G.- f}Q
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Holocaust Memorial
Jallllary 26, 2000
Commission Memorandum
Page 2
ANALYSIS (Continued)
Given the unique nature ofthe use of this property and the fact that there is an existing Agreement
that governs the maintenance and operation of the Holocaust Memorial, a long term lease agreement
is deemed to be a logical means to convey the premises and pass through the costs of continued
maintenance and operation of the premises to the Committee. The proposed lease is for a term of
99 years and requires the Committee's ongoing maintenance, operation and upkeep of the Holocaust
Memorial site.
To date, the City has been assuming approximately $40,000 in annual security costs, $4,000 in
annual electricity charges, $8,000 in annual water and sewer charges and $2,500 in annual insurance
premiums. The lease sets forth the Committee's and the City's responsibilities with respect to
ongoing financial obligations in connection with the leased property. The Lease provides for the
Committee to assume the annual cost of security for the site. Other utility charges wi1\ be paid by
the City for a period of up to five (5) years and then will be fully assumed by the Committee for the
remaining term of the lease. As a result of the City's inability to indemnify a non-public entity,
pursuant to State Statue, the Holocaust Memorial Committee has agreed to procure independent
public liability insurance and such charges will be reduced from the annual security costs paid by
the Committee during the first five (5) years of the Lease. (The City has received a quote from the
City's insurance provider to provide such coverage at a rate of $1,237.28/annually.) Thereafter,
public liability insurance will be procured at the Holocaust Memorial Committee's sole cost and
expense. Additiona1\y, the Holocaust Memorial Committee will procure independent property
damage insurance, at their sole cost, from the inception of the lease.
Pursuant to the provisions of City Ordinance 92-2783 (Shapiro Ordinance), the lease of any City-
owned property for a period of more than five years, including option periods, is subject to the
following conditions:
. a Planning Department analysis
. 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 and the public
hearing, the above referenced conditions may be waived by a 517lhs vote of the City Commission
upon a finding that the public interest would be served by waiving such conditions. Ordinance No.
92-2783 states, in Section 2, that prior to the sale or lease of City property, the City Commission
must have a public hearing, advertised not less than 15 days prior to the hearing, to obtain citizen
input. Due to the unique nature of the property and due to a pre-existing agreement with the
Holocaust Memorial Committee, the Administration recommends a waiver of the public bidding
process and the appraisal requirement. The Planning Analysis is attached and the public hearing is
conducted in connection with this item.
It is recommended that the Mayor and City Commission adopt the attached Resolution approving
the proposed lease and waiving, by 517lhs vote, the public bidding process and the independent
appraisal.
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