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LTC 326-2019 LEASE AGREEMENT BETWEEN THE CITY AND NORTH BEACH YARD, LLC M ! AMIBFACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 331 39,www.miamibeachfl.gov OFFICE OF THE CITY MANAGER 326-2019 LETTER TO COMMISSION TO: Mayor Dan Gelber and Members of e City ommission FROM: Jimmy L. Morales, City Manager DATE: June 6, 2019 SUBJECT: LEASE AGREEMENT BETWEEN THE ITY AND NORTH BEACH YARD, LLC The purpose of this Letter to the Commission (LTC) is to update the Mayor and City Commission regarding the status of the North Beach Yard (NBY) project. Several Commissioners had inquired as to the status, I felt it proper to share the information with all of you. At its July 26, 2017 meeting, the Mayor and City Commission adopted Resolution No. 2017-29942 approving a new lease agreement between the City and North Beach Yard, LLC (Tenant), involving the use of the City-owned property located at 8100-8140 Collins Avenue. The lease was subsequently executed by the parties on November 20, 2017. The leased premises consists of 52,500 square feet of land, including a 2,500 square foot building, for use as a food, beverage and entertainment pavilion, including retail and other vendors, and for cultural/community programming and entertainment offerings. Since execution of the lease, the City has proceeded in good faith to facilitate the design and development of the landlord improvements, as contained in subsection 5.1(b) of the lease. In that regard, as related to the renovation of the 2,500 square foot building, the City's architect has completed design drawings to 90% at a cost of$33,195 to the City. In December 2018, the City directed our architect not to proceed to 100% completion until the tenant meets its obligations under the lease. The project's successful launch requires the tenant to provide specific information and obtain certain approvals from the City, in its proprietary capacity, prior to submission for a building permit. The City Commission, in its regulatory capacity, approved tenant's concept plans on May 16, 2018; however, at this time we are pending tenant's submission of the schematic drawings and construction budget, as required under Subsection 5.2(c) of the Lease. Also, we would like to review the status of the design & development in accordance with the concept plans approved by the City Commission. Additionally, as contained in section 5.2(n) of the lease, no later than 365 days following the effective date (i.e., November 20, 2018), tenant was required to provide the City with written evidence, reasonably satisfactory to the City, of the existence of: (1) equipment leases/financing for container structures; (2) secured financing for tenant's work; (3) the availability of liquid assets, (4) a general contractor contract; and (5) a performance bond and payment bond covering the full Letter to Commission—North Beach Yard June 6, 2019 Page 2 of 2 amount of tenant's work (in the amount of $1,750,000). At this time, tenant has not provided evidence of fulfilling these requirements to the City. Lastly, pursuant to section 2.7 of the lease, a security deposit or letter of credit in the amount of $17,914 was due upon the lease effective date (November 20, 2017). At this time, tenant has not provided this amount to the City. Last week staff contacted Della Heiman, owner of North Beach Yard, LLC to discuss the status of the project and the outstanding items. City staff remains supportive of the project concept and would like to see the project move forward if possible. Ms. Heiman advised staff that she was out of the country until July and that she would like to meet with the City upon her return. Our intention is to meet with Ms. Heiman upon her return and report to the City Commission by LTC promptly thereafter. JLM/SMT/MMM F:\RHCD\$ALL\ECON\$ALL\ASSET\North Beach Yard\LTC(05-31-19)\North Beach Yard-LTC(05-31-19).docx