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Home My WebLink AboutApplicant Agreement with CollegeMITCHELL BIERMAN, P.A. NINA L. BONISKE, P.A. MITCHELL J. BUANSTEIN, P.A. JAMIE ALAN COLE, RA. STEPHEN J. HELFMAN, P.A. GILBERTO PASTORIZA, RA. MICHAEL S. POPOK, P.A. JOSEPH H. SEROTA, P.A. SUSAN L. TREVARTHEN, P.A. RICHARD JAY WEISS, P.A. DAVID M. WOLPIN, P.A. DANIEL L. ABBOTT GARY L. BROWN JONATHAN M. COHEN IGNACIO G. DEL VALLE JEFFREY D. DECARLO ALAN L. GABRIEL DOUGLAS R. GONZALES EDWARD G. GUEDES JOSEPH HERNANDEZ JOSHUA D. KRUT MATTHEW H. MANDEL ANTHONY L. RECIO BRETT J. SCHNEIDER CLIFFORD A. SCHULMAN ABIGAIL WATTS-FITZGERALD LAURA K. WENDELL JAMES E. WHITE WEISS SEROTA HELFMAN PASTORIZA COLE & BONISKE, P.L. ATTORNEYS AT LAW A PROFESSIONAL LIMITED LIABILITY COMPANY INCLUDING PROFESSIONAL ASSOCIATIONS MIAMI-DADE OFFICE 2525 PONCE DE LEON BOULEVARD SUITE 700 CORAL GABLES, FLORIDA 33134 TELEPHONE 305-B54-0800 FACSIMILE 305-$54-2323 WWW.WSH-LAW.COM BROWARD OFFICE 200 EAST BROWARD BOULEVARD • SUITE 1900 FORT LAUDERDALE, FLORIDA 33301 TELEPHONE 954-763-4242 FACSIMILE 954-764-7770 *OF COUNSEL January 18, 2013 VIA HAND DELIVERY & ELECTRONIC CORRESPONDENCE Mr. Francisco Garcia Director Department of Planning & Development City of Miami 444 SW 2"d Avenue, 3rd Floor Miami, FL 33130 Re: Pinnacle/Gibson File ID 12-008411u; 12-00841zc Dear Mr. Garcia ADRIAN J. ALVAREZ LILLIAN M. ARANGO SARA E. AULISIO SONJA C. DARBY ROBERT H. DE FLESCO BROOKE P. DOLARA RAQUEL ELEJABARRIETA CHAD S. FRIEDMAN ERIC P. HOCKMAN HARLENE SILVERN KENNEDY* KAREN LIEBERMAN* JOHANNA M. LUNDGREN MIA R. MARTIN ALEIDA MARTINEZ MOLINA* KATHRYN M. MEHAFFEY ROBERT A. MEYERS* MATTHEW PEARL JOHN J. OUICK* TIMOTHY M. RAVICH* AMY J. SANTIAGO GAL D. SEROTA* JONATHAN C. SHAMRES ESTRELLITA 5. SIBILA ALISON F. SMITH ANTHONY C. SOROKA EDUARDO M. SOTO JOANNA G. THOMSON PETER D. WALDMAN* SAM UEL I. ZESK]ND Enclosed please find the Letter of Intent executed by Miami -Dade College for the educational facility located on the ground floor of the development proposed for the property that is the subject of the captioned applications. We had been asked by Commissioner Sarnoff to provide evidence that the educational facility would indeed be used for education, and we are proud to have entered into this agreement with an established academic institution that has been a pillar of the local community for many years. We look forward to serving the West Coconut Grove community together. Please add this to the Conunissioner's packets and the official hearing file for the applications. Mr. Francisco Garcia January 18, 2013 Page 2 Thank you for your attention to this matter. Please call me if you have any questions. Very truly yours, Tony Recio TR/ms Enclosures 676056 cc: Anel Rodriguez (w/enc.) WEISS SEROTA HELFMAN PASTOEIZA COLE & BONISKE, P.L. PINNACLE NOOSING ftG GROUP January 15, 2013 Dr. Eduardo Padron, President Miami Dade College 300 N.E. 2°d Avenue Miami, FL 33132 RIB: Sublease for Community Education Outreach Center at 3629 Grand Ave. and 3631 Florida Ave. by Miami Dade College (the "College") Dear Dr. Packet': Further to our recent discussions regarding the proposed development by Gibson Centel, LLC ("Gibson Center"), an affiliate of Pinnaoie Housing Group, LLC, of a mixed -use project in the Coconut Grove community (the "Project"), this letter confirms the College's intent to sublease up to four thousand (4,000) square feet of space within the Project for the purpas° of establishing a community education outreach center (tire "Education Center"). As background (i) Gibson Center has leased the real property located in Coconut Grove, Florida at 3629 Grand Ave. and 3632 Florida Ave. (the "Premises") from Theodore Roosevelt Gibson Memorial Fund, Inoorporated ("Landlord") pursuant to a ground lease (the "Ground Lease"), and (ii) Gibson Center intends to construct two new buildings (one of which is expected to be two (2) stories and the other of which is expected to be five (5) stories) consisting of (a) up to fifty-two (52) affordable housing rental units for moderate, low, and very low income Gibson Centers (the "Units"), (b) an approximately four thousand (4,000) square foot multi-purpose/educational center to be integrated into the four story building, and (o) associated parking. Gibson Center desires to sublease to the College the tnulti-purpose center (the "Subleased Premises") following Gibson Center's completion of construction ofthe Project to establish the Education Center, on the terms and conditions set forth below (said sublease being the "Sublease"): (a) Term of the Sublease: The terra ofthe Sublease shall commence on the "Commencement Date" set forth in the Ground Lease and terminate 30 years afterward (the "Sublease Term"). (b) The Subleased Premises: The Subleased Premises shall be approximately four thousand (4,000) square feet as set forth in Gibson Center's plans for the Project, subject to receipt of any and all required approval for such plans by the applicable governmental authorities. On the Cornnteneentent Date, Gibson Center shall deliver the Subleased Premises to the College in "vanilla shell condition," and the College shall accept the Subleased Premises in said condition. For purposes of this Letter of Intent (and the Sublease), the term "vanilla shell condition" shall have the meaning set forth in pHIBJ'" "A", with the College, to be solely responsible, at its expense, for all other "bui[d out" except as expressly described on EXHIBIT "A". DEVELOPMENT ' CONSTRUCTION MANAGEMENT 9400 S. DADELAND BLVD., SUITE 100, MIAMI, FLORIDA 33156 TEL [3051854.7100 FAX (3051859.9858 WWW.PINNACLEHOUSINO.COM (o) The Educational Services; During the Sublease Term, the Subleased Premises shall be used by the College solely for the operation of the Educations' Center and uses incidental thereto. The Educational Center will be a community education outreach center that will offer the education learning center services set forth in PCHMIT "B" attached hereto for both the residents of the Units and the residents of the surrounding Coconut Grove, Florida community (the "Educational Services"), (d) Rent: During the Sublease Term, no base rent shall be due and payable from the College under the Sublease; however, the College shall be solely responsible for paying all utility, maintenance, and operating expenses (including staffing and security expenses) relating to the Subleased Premises, except for real property taxes and water and sewer charges relating to the Subleased Premises, which shall be paid by Gibson Center. (e) Parking; During the Sublease Tenn, the College, shall have the right, without charge, to use the parking spaces included with the Project that are allocated to the Subleased Premises, based upon the applicable zoning requirements. (f) Maintenance: During the Sublease Term, the College shall be responsible, at its expense, for maintaining the tossed Premises in good and clean condition. (g) Insurance: During the Sublease Terra, the College shall maintain, at its expense, insurance with respect to the Subleased Premises as may be sot forth in the Sublease, but in no event less than the amounts set forth in the Ground Lease, such insurance shall name Gibson Center and Landlord as additional insureds, and such insurance shall be consistent with any other requirements set forth in the Ground Lease. (h) Assignment and Sublease: The College shall not have the right to assign or sublease the Sublease without the prior written consent of Gibson Center. (i) Ground Lease: The Sublease (and the College's use of the Subleased Premises) shall be subject in all respects to the terms and conditions of the Ground Lease. (j) Acknowledaement of Footling for the Educational Center: Gibson Center and the College acknowledge that the College is in the process of securing funding, through private donations and endowments (including from the Mitchell Wolfson Senior Foundation), in the initial amount of approximately One Million Two Hundred Thousand and 00/100 Dollars ($1,200,000.00) or the purpose of providing funds to the College to conduct its initial build -out of the Subleased Premises and to operate the Educational Center during the Sublease Tern►. It is anticipated that the initial funding will be received by February 28, 2013. The College agrees to use reasonable efforts to secure such additional private endowment(s) or other funds as may be necessary to fund the reasonably anticipated costs of continuously operating of the Educational Center throughout the Sublease Term. Please sign below and return a copy to me by mail, facsimile, or email to acknowledge the College's agreement with the terms of this letter of intent. This letter of intent is non -binding letter of intent and does not constitute a binding sublease agreement for the Subleased Premises. No binding agreement relating to the College's sublease of the Subleased Premises shall be in effect until the Sublease is fully executed by Gibson Center and the College. 2 Thank you once again for the opportunity to partner together to make a difference hi our community. I look forward to hearing from you soon regarding this matter. Sincerely, GIBSON CENTER, LLC, a Florida limited liability company By; PHG Gibso», LLC a Florida Dmite its > ana . I Mitchell M. Friedman, Vice President ACCEPTED AND APPROVED MS %�v DAY OF JANUARY, 2013 MIAMI DADE COLLEGE 3