2008-26886 ResoRESOLUTION NO. Zoos-26ss6
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 MYSTERY PARK ARTS COMPANY, INC. (D/B/A
SOBE MUSIC INSTITUTE), AS THE TOP RANKED
PROPOSER PURSUANT TO REQUEST FOR PROPOSALS
(RFP) NO. 03-07/08, FOR USE OF THE CARL FISHER
CLUBHOUSE, LOCATED AT 2100 WASHINGTON AVENUE,
FOR THE PURPOSE OF PROVIDING CULTURAL
PROGRAMMING FOR THE RESIDENTS OF THE CITY; SAID
LEASE HAVING AN INITIAL TERM OF ONE (1) YEAR,
COMMENCING RETROACTIVELY ON SEPTEMBER 1, 2008,
AND ENDING ON AUGUST 31, 2009, WITH AN ADDITIONAL
ONE (1) YEAR RENEWAL TERM, AT THE CITY'S SOLE
DISCRETION; FURTHER AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE THE LEASE AGREEMENT
WHEREAS, on October 17, 2007, the Mayor and City Commission approved the
issuance of Request for Proposals (RFP) No. 03-07/08 for use of the Carl Fisher
Clubhouse to provide cultural programming for the residents of the City of Miami Beach;
and
WHEREAS, RFP No. 03-07/08 was issued on April 08, 2008, with an opening date
of May 13, 2008; and
WHEREAS, on June 25, 2008, the Mayor and City Commission adopted Resolution
No. 2008-26835, accepting the recommendation of the City Manager and authorizing the
Administration to enter into negotiations with the top ranked proposer, Mystery Park Arts
Company, Inc. (d.b.a. SoBe Music Institute); and
WHEREAS, the Administration has negotiated the attached Lease Agreement, for
an initial term of one (1) year, commencing retroactively on September 1, 2008, and ending.
on August 31, 2009, with an additional one (1) year renewal term, at the City's sole
discretion; and
WHEREAS, Section 82-39 of the Miami Beach City Code, governing the sale/lease
of public property, a Planning Department analysis, an independent appraisal to determine
the value of the leasehold interest, as well as two (2) readings of the proposed lease, with
the second (and final) reading followed by an advertised public hearing to obtain citizen
input; and
WHEREAS, on July 16, 2008, pursuant to Resolution No. 2008-26854, the Mayor
and City Commission approved the Lease Agreement on first reading; and waived, by
5/7t"S vote, the appraisal requirement; and set the public hearing for the second and final
reading; and
WHEREAS, said public hearing was held on September 10, 2008.
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 hereby approve, on second reading, following a duly noticed public hearing, a
Lease Agreement between the City and Mystery Park Arts Company, Inc. (d/b/a SoBe
Music Institute), as the top ranked proposer pursuant to Request For Proposals (RFP) No.
03-07/08, for use of the Carl Fisher Clubhouse, located at 2100 Washington Avenue, for
the purpose of providing cultural programming for the residents of the City; said Lease
having an initial term of one (1) year, commencing retroactively on September 1, 2008, and
ending on August 31, 2009, with an additional one (1) year renewal term, at the City's sole
discretion; further authorizing the Mayor and City Clerk to execute the Lease Agreement.
PASSED and ADOPTED this 10th day of September , 2008.
ATTEST:
Gam. U~
Robert Parcher, CITY CLERK atti Herre Bower, MAYOR
JMG\THWCV\rlr
F:IECON~$ALLWSSElICarl Fisher ClubhouseWlysteryPark Lease_2ndReading.RES.doc
APPRCtiI'ED AS TO
FORM ~ LANGUAGE
~ ~ EXECUTION
Oatr
COMMISSION ITEM SUMMARY
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A Resolution approving on second and final reading a lease agreement between the City and Mystery
Park Arts Company, Inc. (d/b/a SoBe Music Institute), for use of the Carl Fisher Clubhouse for the
purpose of providing cultural programming for an initial term of one (1) year commencing September
1, 2008 with one (1) additional one (1) year renewal term.
Key Intended Outcome Supported:
To Ensure Well-Maintained Facilities and Increase Community Rating of Cultural Activities
Supporting Data (Surveys, Environmental Scan, etc.): 60% of businesses and 66% of residents of say
there are the right number of cultural activities. Residents and businesses are aligned in their preference for the
types of cultural activities they'd like to see with live music/concerts clearly the most preferred.
Issue•
Shall the City Commission Accept the City Manager's Recommendation?
Item Summa /Recommendation:
SECOND READING -PUBLIC HEARING
Since May of 2007, the Carl Fisher Clubhouse had been under a letter agreement for temporary use in the
interim prior to the commencement of the greater capital improvement project. With the capital project
delayed further, it was indicated by the Commission that the use of this space be competitively bid under an
RFP specifically to provide cultural programming.
On October 17, 2007, the Mayor and City Commission approved the issuance of Request for Proposals
(RFP) No. 03-07/08 for use of the Carl Fisher Clubhouse to provide cultural programming for the residents
of the City of Miami Beach. Subsequently, RFP No. 03-07/08 was issued on April 08, 2008, with an
opening date of May 13, 2008. The City Manager, via Letter to Commission (LTC) No. 136-2008, appointed
an Evaluation Committee ("the Committee") which convened on May 22, 2008, to evaluate, score, and rank
the proposals. The Committee unanimously agreed, and the City Manager concurred, to recommend
Mystery Park Arts Company, Inc. (d/b/a SoBe Music Institute) as the top-ranked proposer.
The Administration has negotiated the attached Lease Agreement, for an initial term of one (1) year
commencing retroactively on September 1, 2008, and ending on August 31, 2009, with one (1) additional
one (1) year renewal term, at the City's sole discretion. Initially, the City Administration had considered
extending this term due to the suspension of the Capital Improvement project; however, the terms must be
consistent with those advertised as part of the Procurement process. Additionally, the rent will be assessed
by averaging actual utility costs (water, sewer, electric, etc) over the past year to determine a monthly flat
rent fee or the proposed $500 monthly, whichever is greater. There are no separate meters for the facility,
therefore, the proportionate share will be assessed according to square footage. The facility is currently
undergoing construction in order to bring it into compliance with applicable codes and regulations. The City
reserves the right to adjust the projected lease commencement date to accommodate the construction
schedule. At this time, no delays are foreseen.
Section 82-39 of the Miami Beach City Code, governing the sale/lease of public property, as amended,
requires a competitive bidding process, a Planning Department analysis, and an independent appraisal to
determine the value of the leasehold interest, as well as two (2) readings of the proposed lease, with the
second (and final) reading followed by an advertised public hearing to obtain citizen input.
ACCEPT THE CITY MANAGER'S RECOMMENDATION.
Adviso Board Recommendation:
N/A
Financial Information:
Source of Amount Account
Funds: ~ n/a
Ci Clerk's Office Le islative Trackin
Ana Cecilia Velasco, Asset Manager x 6727
Sian-Offs:
Department Director Assistant City Manager C'ty Man er
ACV TH JMG
T:WGENDA\2008\September 10\Regular\MysteryPark Lease 2ndReading.SUM.doc / /
AGENDA ITEM
~ ~~~~ BEACH DATE ~ '~~
m MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
To: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: September 10, 2008 SECOND READING
PUBLIC HEARING
SuB1ECT: 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 MYSTERY PARK ARTS COMPANY, INC. (D/B/A SOBE MUSIC
INSTITUTE), AS THE TOP RANKED PROPOSER PURSUANT TO REQUEST FOR
PROPOSALS (RFP) NO. 03-07/08, FOR USE OF THE CARL FISHER
CLUBHOUSE, LOCATED AT 2100 WASHINGTON AVENUE, FOR THE PURPOSE
OF PROVIDING CULTURAL PROGRAMMING FOR THE RESIDENTS OF THE
CITY; SAID LEASE HAVING AN INITIAL TERM OF ONE (1) YEAR,
COMMENCING RETROACTIVELY ON SEPTEMBER 1, 2008, AND ENDING ON
AUGUST 31, 2009, WITH AN ADDITIONAL ONE (1) YEAR RENEWAL TERM, AT
THE CITY'S SOLE DISCRETION; FURTHER AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE THE LEASE AGREEMENT
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
KEY INTENDED OUTCOMES SUPPORTED
To ensure well-maintained facilities and increase community rating of cultural activities.
ANALYSIS
On October 17, 2007, the Mayor and City Commission approved the issuance of Request for
Proposals (RFP) No. 03-07/08 for use of the Carl Fisher Clubhouse to provide cultural
programming for the residents of the City of Miami Beach. Subsequently, RFP No. 03-07/08
was issued on April 08, 2008, with an opening date of May 13, 2008.
The City Manager, via Letter to Commission (LTC) No. 136-2008, appointed an Evaluation
Committee ("the Committee") which convened on May 22, 2008, to evaluate, score, and rank
the proposals. The Committee unanimously agreed, and the City Manager concurred, to
recommend Mystery Park Arts Company, Inc. (d/b/a SoBe Music Institute) as the top-ranked
proposer.
On June 25, 2008, the Mayor and City Commission adopted Resolution No. 2008-26835,
accepting the recommendation of the City Manager and authorizing the Administration to enter
Commission Memo Re Carl Fisher Clubhouse Lease Agreement
September 10, 2008
Page 2 of 2
into negotiations with the top ranked proposer. On July 16, 2008, pursuant to Resolution No.
2008-26854, the Mayor and City Commission approved the Lease Agreement on first reading;
and waived, by 5Rths vote, the appraisal requirement; and set the public hearing for the second
and final reading for September 10, 2008.
The Administration has negotiated the attached Lease Agreement, for an initial term of one (1)
year commencing retroactively on September 1, 2008, and ending on August 31, 2009, with an
additional one (1) year renewal term, at the City's sole discretion. Initially, the City
Administration had considered extending this term due to the suspension of the Capital
Improvement project; however, the terms must be consistent with those advertised as part of
the Procurement process. The facility is currently undergoing construction in order to bring it into
compliance with city code. The City reserves the right to adjust the projected lease
commencement date to accommodate the construction schedule.
The SoBe Music Institute retains sole use of the facility and will pay five hundred ($500.00)
dollars as monthly rent to the City to cover the operating costs.
Section 82-39 of the Miami Beach City Code, governing the sale/lease of public property, as
amended, requires a competitive bidding process, a Planning Department analysis (attached),
and an independent appraisal to determine the value of the leasehold interest or a waiver of the
appraisal requirement by 5/7ths vote, as well as two (2) readings of the proposed lease, with the
second (and final) reading followed by an advertised public hearing to obtain citizen input.
CONCLUSION
The Administration would hereby recommend that the Mayor and City Commission approve the
attached Lease Agreement on second reading.
JMG/TH/ACV/rlr
T.~IAGENDA120081September 101RegularlMysteryPark Lease 2ndReading.MEM.doc
CITY OF ,~Al~iMl B-EACH
NOTICE OF A :PUBLIC HEARING
NOTICE 1S'HFREBY given that a second reading and pubiicxhearing vriH,be held by
~` the City Commission-of°.the_City of Miami Beach, in the.Gommission Charnbsrs, 3cd
floor, City Hail, 1700 Convention Center Drive, Miami Beach, l'ior"Ida; on Wednesday,
.September 10, 2008 at 10:35 A.M., To Consider Approving, On Second and Final +
Reading, A Lease Agreement Between. The City And Mystery.'Park .Arts Company,
Jnc..(D/.B/A Sobe Music.lrastitute),.As Top Ranked.P.roposer Pursuart To Request For
~' Proposals {RFf~) I*Jp: D3-07/08 , ,for Use Of The Cari Fisher Clubhouse, .Located At
2100 WashingtonAvenue,:ForThe PurposeO#Providing Cultural Programming ForTtto
Residents Of The City, Said Lease Having An Initial Term Of One (1) Year,~Commeneing -
j Retroactively On September 1, 2008, And .Ending On August 31,2010, With One (~)
~. Additional One (1) Year Renevval. Term, At The City's Sole Discretion; Further Waiving
By 5/7ths Vote, The Appraisal Requirement, As Required By Section 82-39 Of The
Miami Beacfi City Code, finding ~uch'Waiver To Be tr1 The Best Interest 0# The City:
IP{Ql11RlES may'=tie directed 'to the Department of ECOT10nlTC Development at
j (305) 673-7193:'
INTERESTED PARTIES are invited to appear at this meeting, or be represented by an
i
agent, or to express their views in writing. addressed to the City Commission, c/o the
City'Cler'k, t~00 •Cohvenfiori'C.ettter~Drive;'=1st'Floor; City Hafl, 1~arrti BeacF, •=londa •:
1' 3'3'139. This meeting may be opeHad and ~contmued and, under such circumstances -
.: ~.,-.
additionaf1egal riotice-would not Ue provideZl. ,
t
Robert E. Percher
-, -" CityClerk
_City of Miami Beach
i
Pursuant ;to Section 286.0105, ,Fla. S#at., the City hereby advises the public that: if `
r .
!' a person decides to appeal .any decision made by the City Commission with respect
)
3 to any matter considered at its rFeeting or its hearing, such person must ensure that
I' 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 #ar the ihtroduction .or :admission of .otherwise inadmissible
I .
' or irrelevant zeuidenoe; r~or does it authorize challenges or appeals not -otherwise ,
i
)_ ailowed.by lain.'
l
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