HomeMy WebLinkAboutSubmittal-Albert Dotson-PowerPoint PresentationSubmitted into the pu lic
record f' r i (s) vt13 4 n E,
City Clerk
Don't Fall For It
1
1AI�9 S‘6,�A- Ret\ io�Stsn—Qowe(Qtith\C Vfesohoj
19196
"I'm very thankful to the
Administration for their patience
over these past several months,
and their involvement with the
public and us, to bring back what
we have now. It's not the same
animal we had before; over 100
recommended changes from the
public, many of which have been
taken into account in this. I'm
confident that we can move
forward and get this done by
November; it's tight. It's possible;
the odds are against us, but it's
possible, and o
Ilaum depends o
Ken Russell
"The bottom line is, what we
can't have is an individual
laughing as he goes to the bank
with our resident's money. This
can't happen. It's been
happening for over a year and a
half. And by just deferring,
deferring, deferring, nothing
gets done."
City Commission
'Now that we are losing Ultra, I
want to make sure that revenue
from development planned for
Virginia Key Beach goes to
support the Virginia Key Park
Trust and the redevelopment of
Miami Marine Stadium. For
example, we are about to
approve the development at the
Virginia Key Marina.
I want to see us finally begin
moving forward with the
Virgil* Key Master Plan
Ken Russell
Submitted into the p blic n
taco . or em(s) i\
• ity Clerk
Now is the Time
"Currently, what you have are
two marinas that are greasy,
smelly, rundown that absolutely
need to be redeveloped and
open to the public."
Marine Industry Professional
"Thank you, Mr. Rotenberg
and Mr. Manager, for bringing
this back, and for the outreach
that you've been doing with
the Virginia Key Advisory
Board and the community.
This has generated a lot of
feedback, which is exactly
what we wanted in this case. It
is my goal to get this RFP on
the November ballot."
Ken Russell
Submitted into, the recur f *t "}r\ltliel
I(4,
re0 ay Clerk
Staff Due Diligence
BL�E
APPRAISAL REPORT (MARKET RENT STUDY)
Virginia Key Morino
3301 RIOCEIMACIERCSWY
MYmi, MYmIAPde County, FL 33149
PREPARED FOR
Mr. Andmw Frey
DOM.. DeprtmwM of RPY Estate & Awl
Manapm 4
uty of Wood
MA SW2Ammo
3rd Flom
Miami, FL 33130
PREPARED BY
144401. Bloke and 411o3Ut 3. Inc
5752 WatMord MUM Dd.
Suite 220
Mani, FL 33126
!ICREVALUATION
SERVICES
AN APPRAISAL FOR THE
FAIR MARKET RENT OP VIRGINIA KEY
MARINA
3501 RICEENRACKER CAUSEWAY ET AL
Mugu, FL 33149
PREPARED FOR
CITY OF MIAMI: DEPARTMENT OF REAL
ESTATE & ASSET MANAGEMENT
MR. ANDREW FREY
DIRECTOR
14 NE 1Sr AVENUE
MIAMI, FL 33132
RFP VIRGINIA KEY MARINA 16-17-011
Due of Valuation: Feb.ua.y 3, 2026
Dam of Report: March 25, 2026
Er
CRE VALUATION SERVICES
ADMINISTRATIVE OFFICE
7535 COQUINA WAY, SUITE 2
ST PETE BEACH, FL 33706
Submitted into the p `blic
record�r i�e(s)
rt 11 I `�r. sty Cie:i
No Material Changes
Submitted iyneto, the public
record
t/ 1(i r)
. c ty Clet
.w
New Provisions Added for Compliance with Applicable Law
New Section 21.28, "Anti -Human Trafficking," inserted requiring compliance with Section 787.06, Florida Statutes (2024), and
execution of an Anti -Human Trafficking Affidavit (with a corresponding new Exhibit H containing the required affidavit form),
added pursuant to the statutory mandate under Section 787.06(13), Florida Statutes.
with this
neither it. nor any entity eng.ged by it in connection
21.28 Anti -Human Trafficking
Lessee confirms and certifies that
Lease, is in violation of Section 787.06. Florida Statutes. and that it does not and shall
not use "coercion" for labor or services as defined in Section 787.06. Florida Statutes. Lessee
shall execute and submit to the City an Affidavit, of even date herewith, in compliance with
Section 787.06(13), Florida Statutes, attached an incorporated herein as Exhibit IL If Lessee
fails to comply with the terms of this subsection, the City may suspend or terminate this Lease
immediately. without prior notice. and in no event shall the City be liable to Lessee for any
additional compensation or for any consequential or incidental damages
21.28 Anti -Human Trafficking
Lessee confirms and certifies that neither it, nor any entity engaged by it in connection
with this Lease, is in violation of Section 787.06, Florida Statutes, and that it does not and shall
not use "coercion" for labor or services as defined in Section 787.06, Florida Statutes. Lessee
shall execute and submit to the City an Affidavit, of even date herewith, in compliance with
Section 787.06(13), Florida Statutes, attached an incorporated herein as Exhibit H. If Lessee
fails to comply with the terms of this subsection, the City may suspend or terminate this Lease
immediately, without prior notice, and in no event shall the City be liable to Lessee for any
additional compensation or for any consequential or incidental damages.
ea
Submitted into, The p blic pp
record (s,) thE.
htII_�Z CiyCle:k
New Provisions Added for Compliance with Applicable Law
Language added to Section 4.8 expressly providing that the Lease may be audited, inspected, or reviewed by the City of Miami
Office of Independent Inspector General, as authorized by Section 2-160 of the City Code, to ensure compliance with the City's
current oversight requirements. References to "City Auditor" changed to lowercase "auditor" throughout.
REDLINE VERSION
4.8 Audit
The audit, at the direction of the Lessor's Anditerpuditgr, or any of the Auditorruditors'
staff, may include the entire Lease term to date, regardless of any prior outside third -party audit,
financial review, inspection, previous estoppel letter(s), and/or any written document or
agreement; however, if a subject or item has been previously audited and resolved, it shall not be
re -audited.
If the audit discovers substantive findings related to fraud, misrepresentation, or non-
performance, the Lessor shall be reimbursed for the costs of the audit work from the Lessee. Any
adjustments and/or payments that must be made as a result of any such audit or inspection of the
Lessee's financials and/or records shall be made within thirty (30) days from the release of the
' au4itor';, report, to the extent not legally contested in good faith by Lessee.
Lessor shall additionally have such audit rights as are set forth by Section 18-102, City
Code, which is deemed as being incorporated by reference as if fully set forth herein. In addition,
Lessor shall have the ability but not the duty to conduct inspections, as are set forth in
Sections 18-101-103, City Code, deemed as being incorporated by reference as if fully set forth
herein, from time to time, of the Premises as provided. Without limitation of the forename. •
j eare may be audited. inaoecsed. or reviewed by the City of Miami Office of
Inspector General. es authorized by Section 2-160 of the City Code,
CURRENT VERSION
4.8 Audit
The audit, at the direction of the Lessor's aittrr, or any of the' staff, may include
the entire Lease term to date, regardless of any prior outside third -party audit, financial review,
inspection, previous estoppel letter(s), and/or any written document or agreement; however, if a
subject or item has been previously audited and resolved, it shall not be re -audited.
if the audit discovers substantive findings related to Saud, misrepresentation, or non-
performance, the Lessor shall be reimbursed for the costs of the audit work from the Lessee. Any
adjustments and/or payments that must be made as a result of any such audit or inspection of the
Lessee's financials and/or records shall be made within thirty (30) days from the release of the
satlkofs report, to the extent not legally contested in good faith by Lessee.
Lessor shall additionally have such audit rights as are set forth by Section 18-102, City
Code, which is deemed as being incorporated by reference as if fully set forth herein. In addition,
Lessor shall have the ability but not the duty to conduct inspections, as are set forth in
Sections 18-101-103, City Code, deemed as being incorporated by reference as if fully set forth
herein, from time to time, of the Premises as provided. Without limitation of the foregoing, this
Lease may be audited, inspected, or reviewed by the City of Miami Office of Independent
Inspector General, as authorized by Section 2-160 of the City Code.
6
Submitted Into the public
wort • r e (s) � ty Clerk
Exhibit E —Phasing Plan
Bracketed placeholder notation "[SUBJECT TO REVISION FOR CONSISTENCY WITH RFP AND PROPOSAL]"
deleted and replaced with operative language clarifying that the phasing plan shall not limit or be deemed to waive the
Lessee's obligations to redevelop the Premises as required by the RFP and the Proposal, thereby incorporating all
RFP requirements directly into the Lease rather than leaving them subject to future revision.
EXHIBIT E
PHASING PLAN
In no event shall the belowphasing plan limit or be deemed to waive the Lessee's obligations to
redevelop the Premises in the manner required by the RFP and the Proposal.
CURRENT VERSION
EXHIBIT E
PHASING PLAN
In no event shall the below phasing plan limit or be deemed to waive the Lessee's obligations to
redevelop the Premises in the manner required by the RFP and the Proposal.
7
Submitted into the p blic
reco fpr i m(s)
ity Clerk
Housekeeping and Formatting
Document stamps "MIAMI 12724419.1 100757/301429" and associated
date/time references ("7/8/2025 11:40 AM") were deleted throughout.
• t
LEASE AGREEMENT
BETWEEN
THE CITY OF MIAMI
AND
VIRGINIA KEY, LLC
FOR THE LEASE OF CITY -OWNED PROPERTY
LOCATED AT
VIRGINIA KEY
3301, 3IW. 39301.3311. & 3511
RICKENBACKERCAUSEWAY
MIAML FL 33149
MIAMI 12721119.1 100757/301129
7i8 02-5 1 i •40 AM
CURRENT VERSION
LEASE AGREEMENT
BETWEEN
THE CM OF MIAMI
AND
VIRGINIA KEY. LLC
FOR THE LEASE OP CITY -OWNED PROPERTY
LOCATED AT
VIRGINIA KEY
3301. JMS. 3111.331 I. & n11
RICKENBACKER CAUSEWAY
MIAMI, FL 3310
8
Submitted into the p blic
record for itern(s)
am d C ty Clerk
Housekeeping and Formatting
Page numbering in the Table of Contents was updated to reflect minor pagination shifts.
5.4 P ssesioe Da 24
5.5 Developent Schelde-__--'-_. 24
5.6 Rarlet.�.._...._..__e. 25
5.7 Payment and Petfaoeoce Bond
5.8 Cotsatur•,bonnet
5.9 Conreyoece dlmpmveerm
5.10 Prentiss no Ramie Free ofLiens
5.11 Lewis Approval
ARTICLE VI CONDUCT OF BUSINESS BY LESSEE
ARTICLE VII MAINTENANCE, REPAIR AND ALTERATION OF PREMISES
7.1 les,ee's Maimemwce Obisrine
7.2 Lessee's Repine Obip) dos
7.3 ChugeYAlwmiom/Sipnii
7.4 CapTW Expeodinst Fond
ARTICLE VIII INSURANCE AND INDEMNITY
8.1 hmrme=oethe Demises
8.2 Delivery of lamtesa Policies
8.3 Adjamment of Loss
8.4 Iodemoi ation of Leger
85 Malver ofSideopdaL�_.__._.._._..._.__.
8.6 Release of Law
ARTICLE IX SERVICES AND UTRITIES
9.1 Lame to Provide mid Pay 6 Utilities
9.2 Lem Not Liable for Fallen of Utilities
ARTICLE X SUBLEASES. ASSIGNMENTS AND TRANSFERS
10.1 Sublessee, Assignments Ned Transfers
10.2 hoodoo fix Tanks
10.3 Additional Camidaadoo Payable m Lam
10.4 DnBeidois
10.5 Aocepmble Doles
10.6 Information an to Owone, E.
10.7 Effectuation ofT nsios
10.8 Criteria foe Comeau for Tmmfer
10.9 Liability of Lore1161.41.14.141.1-4001.101.1
SainiaMoinnat
25
26
26
26
27
27
28
28
29
-jai
30
_31
32
32
32
33
33
34
16�
35
36
37
37
_31812
-aVg
Ptmn
CURRENT VERSION
5.7 F6yestad 8akrasmte Bm/..........._.._.............._............_........_..._._.............25
5.8 Comaaar'■�n..____........_._.___..._...__.____............._._.__......_.26
5.9 Coneleoed•..............._.__.................___............_._._............... 26
5.10 Premises a Remota Env of Liens..._..._............._....._...._.............___...._........26
5.11 Laois Appwal ............._.............__...................._................__..._....... 27
ARTKLE VI CONDUCT OF BUSINESS BY f,FS.¢E............._._.._.............ti...._.._.vojZ
ARTICLE VII MAINTENANCE, REPAIR AND ALTERATION OF PREMISES.............-
7.1 L®a's Maime>oa Oiliprtim........._.__............................. ......_,..__.........-SI
7.2 Laaa's RR+r........._ ......._...............____..........._._...............2t
7.3 CMeRwA6asiorBip............................_............_._........................................L
7A Capml Expendintre Rod ...... 39
ARTICLE VIII INSURANCE AND INDEMNITY._..._............_._................._._............�
8.1 blenches 6a Fmk. ..........................................._......................................i41,
8.2 Delivery ofrtmmn Policies _...................._................_.................................._... 10
8.3 Aoraalmmt of Las ........................_.._................_..................._.._........�
8.4 IdemiOatao ofLemt.............._..___._........_..,___............._._.._.............71
t.S Wester S,6oP600...._..........................._.................................._.,...._........�
8.6 RsYmedLam- .._......._....._...__...._._.._.............__._......._......._................ 52
ARTICLE IX SERVICES AND U 1LITffS......................................................._,................... 32
9.1 IAm ao Prosids and Pay for Ulisw............................._..............._................
9.2 Loam Not Little 4e Fsin dt14I..............................................................0
ARTICLE X SUBLEASES. ASSIGNMENTS AND TRANSFERS ......................................... 33
10.1 Sobbing. Asipamna ad Tmeho...........................___..........._.................... 33
10.2 19608680 RR Tntlr.._..__............_.____..............._................._._._.._.........N
10.3 Add Coidttaioe Pip** UMW.
10.4 D9leidom._._...._.._.._._....._......_.._._..__.....___.____............___...............35
10.5 A9cg1e81e'M1meie._.._.._......_........_.__.._..............._.._.........._._..__.............76
10.6 i6smtim m so Owners. ........._.._................_.____...............,.._...............37
10.7 Maria 98T.9.8699._...._........................................___...................._............. 37
10.8 Ceiwi tar C9mmtfewTonga .........................................................................ate
10.9 Liabliby dlre............................................................._......................_........4d.
10.10 Amgamn dPao bunt Trssal........._............................................................. 39
10.11 Twofers tithe Lamt's beam ............_.._............_...._...........__.._.._............ 39
10.12 ManpBa ofLeasehold hoaal......___.._.._....._......_..._..._..........._._.__...,....... 39
Poe a
Submitted into the p blic
record or . em(s)
at Il . CtyClerk
Housekeeping and Formatting
Minor typographical corrections were made, including hyphenation of "first-class"
in Article VI and decapitalization of "Auditor" to "auditor" in Section 4.8.
ARTICLE VI
CONDUCT OF BUSINESS BY LESSEE
At all times during the Lease Term, Lessee shall manage the Premises with due diligence
and efficiency, in Lessee's sole discretion, subject to the limitations set forth in this Lease, and in
a manner prudent and in accord with the current first-class conditions consistent with similar fifst-
elassfirst-class businesses located in Miami -Dade County with substantially the same Leasehold
Improvements and mix of Lessees. To the extent Lessee operates any retail or restaurant space
within the Premises, Lessee or the applicable Sublessee, licensee, concessionaire shall carry at all
times in the Premises a stock of merchandise of such quantity, character and quality as shall be in
accord with comparable businesses within the locale of the Premises.
4.8 Audit
The audit, at the direction of the Lessor's Aaditera 'tor, or any of the Audit r li '
staff, may include the entire Lease term to date, regardless of any prior outside third -party audit,
financial review, inspection, previous estoppel letter(s), and/or any written document or
agreement; however, if a subject or item has been previously audited and resolved, it shall not be
re -audited.
If the audit discovers substantive findings related to fraud, misrepresentation, or non-
performance, the Lessor shall be reimbursed for the costs of the audit work from the Lessee. Any
adjustments and/or payments that must be made as a result of any such audit or inspection of the
Lessee's financials and/or records shall be made within thirty (30) days from the release of the
' uditor's report, to the extent not legally contested in good faith by Lessee.
G
CURRENT VERSION
CONDUCT OF BUSINESS BY LESSEE
At all times during the Lease Term, Lessee shall manage the Premises with due diligence
and efficiency, in Lessee's sole discretion, subject to the limitations set forth in this Lease, and in
a manner prudent and in accord with the current first-class conditions consistent with similar I.
t businesses located in Miami -Dade County with substantially the same Leasehold
Improvements and mix of Lessees. To the extent Lessee operates any retail or restaurant space
within the Premises, Lessee or the applicable Sublessee, licensee, concessionaire shall carry at all
times in the Premises a stock of merchandise of such quantity, character and quality as shall be in
accord with cmmnarahle businesses within the locale of the Premises.
4.8 Audit
The audit, at the direction of the Lessor's or any of the 0411001t' stab, may include
the entire Lease term to date, regardless of any prior outside third -party audit, financial review,
inspection, previous estoppel letter(s), and/or any written document or agreement; however, if a
subject or item has been previously audited and resolved, it shall not be re -audited.
If the audit discovers substantive findings related to fraud, misrepresentation, or non-
performance, the Lessor shall be reimbursed for the costs of the audit work from the Lessee. Any
adjustments and/or payments that must be made as a result of any such audit or inspection of the
Lessee's financials and/or records shall be made within thirty (30) days from the release of the
report, to the extent not legally contested in good faith by Lessee.
10
Submitted into the p
record or ' em(s)
-
Housekeeping and Formatting
Signature block updated to reflect current City officials:
City Manager changed from "Emilio T Gonzalez, Ph.D." to "James Reyes";
City Attorney changed from "Victoria Mendez" to "George Wysong, III."
REDLINE VERSION
IN WITNESS WHEREOF, 'ern and lessee have monied this Lease, or have Doted
ore free to be named, as of the die and year Bm above mime
LESSOR
CRY OF MIAMI, a emicpl corporation of
the Siam of Florida
By
ALIEN
BY
Todd H. Harm
City Ch.
beilko*Osiailtaribigh
City
APPROVED AS TO INSURANCE APPROVED AS TO LEGAL FORM &
REQUIREMENTS: CORRECTNESS:
BY. By:
AmnMri, Sltnpe
Risk Management Directs CHIBERIMFal
City Attorney
u2 ..y......m...N...p
'1,.16IAM
(SIGNATURE PAGE TO LEASE AGRFfAIENTI
CURRENT VERSION
IN WITNESS WHEREOF, Lessor al lame ham named this Lear. a have creed
the sane to M tastet re of the date ael year first Wove mina
LOATH'
CTTV OF MIAML, a epl mpmato of
Ili: Same ofFlmids
t—a Rayne
C.O. Mime&
B
Todd R. Hamm
City Clerk
APPROVED AS TO INSURANCE APPROVED AS TO LEGAL FORM &
REQUIREMENTS: CORRECTNESS:
BY: EL
ArMtrie Skew Gimlet 'abet. l.. III
Rink kImegetime Dieu Cl} hammy
!SIGNATURE. PAGE TO 'EASE AGREEMINTI
Submitted into the p blic nn
record fr i em(r} ► Vt►
ex1 lkat ty act
Housekeeping and Formatting
Affordable housing contribution placeholder in Section 4.10 replaced with language
providing the amount shall be determined "by the City Commission from time to time."
REDLINE VERSION
4.10 Affordable HousinE Contribution
Lessor agrees that a portion of the Rent payable by Lessee hereunder, in the minicar
amount of [S Tan amount determined by the City Commission from time to time, shall be
contributed by Lessor to affordable housing initiatives as determined by Lessor. Lessee shall not
be in default hereunder if Lessor fails to comply with this provision.
4.10 Affordable Havana Contribution
Lessor agrees that a portion of the Rent payable by Lessee hereunder,,'ib .'' ,
by the eity-Commiamion ftom tithe in tithe, shall be contributed by Lessor to affordable
housing initiatives as determined by Lessor. Lessee shall not be in default hereunder if Lessor fails
to comply with this provision.
12
Sutrriitted into the public
record tip ,,
•a L ! l 7,� . C ty clet
Housekeeping and Formatting
New Section 21.29, "Electronic Signatures; Counterparts,"
added permitting execution by electronic signature and in counterparts.
21.29 Electronic Signatures: Counterparts
This Lease may be executed in any number of counterparts. each of which so executed
shall be deemed to be an original. and such counterparts shall together constitute but one and the
same Lease. The Parties shall be entitled to sign and transmit an electronic signature of this
Lease (whether by facsimile PDF or other email transmission). which signature shall be binding
on the party whose name is contained therein. Any party providing an electronic signature agrees
to oromptly execute and deliver to the other parties an original signed Lease upon request.
21.29 Electronic Si¢natures; Counterparts
This Lease may be executed in any number of counterparts, each of which so executed
shall be deemed to be an original, and such counterparts shall together constitute but one and the
same Lease. The Parties shall be entitled to sign and transmit an electronic signature of this Lease
(whether by facsimile, PDF or other email transmission), which signature shall be binding on the
party whose name is contained therein. Any party providing an electronic signature agrees to
promptly execute and deliver to the other parties an original signed Lease upon request.
13
Submitted into, the public
twofir ite (8)
• L . ity C1e.t
Housekeeping and Formatting
Date references in the Memorandum of Lease (Exhibit F) updated from
"201_" to 1t20_11 to accommodate a later execution year.
REDLINE VERSION
EXHIBIT F
MEMORANDUM OF LEASE
IPARTIES TO DJS('f IV AMH. MAIM
Prepared by red deer remedies were to:
Somme Amtlaai-Ahmn, Eaq,
ellemr Somber` Baca Price & Axelrod LLP
1450 Bridal Aram, 23°' Floor
Miami, Florida 33131
MEMORANDUM OF LEASE
THIS MEMORANDUM OF LEASE (this "Mach o") is entered into soft__
dry of , berate The City of Mime, a rr Mace mponcon of de
Sete of Florida noel, and Venetia Key, L-C, a Florida limited liability wow
("leas").
RECITALS:
A, Leroy and [AMC have entered into the certain Lear Apeeaacat doted as of
aHl�(4 "Lime).
B. The parries hereto desire to file this Mencradmo of Lase e 4 Public Records
ofMimi-DdeComfy, Florida, to provide mend notice of4 teems d 4 to rnsa d conditions
contained dmein with reepeu p the oaten weer weeny Mewed in Mimi -Deb, Canty, Sete of
Florida and ewe prticadalydesaibed the embed gywk&
NOW, THEREFORE, foe pod ad valuable mmderatioe and in bother consideration of
demos nmared and the wow end coalitions more pareiculetysa forth in the Lew, Lev=
end law hereby agrees follows
1. The abeme twice& are me and
correct ad are ioceopwated herein s if act forth lo full. All capieled men in this Memorandum
shill hew 4 we manly as is 41se. except ifrlacrrim need.
MAW ,,,3••.,.....,.,,.3 m
saardHbaaAs
Porn
CURRENT VERSION
E%BIBR F
MEMORANDUM OF LEASE
/PARDES TO DAT'USS MIX RRAL3J
Pteprd by aid afar rewording reform toe
Sown A.mrhrei-Adam, Eeq.
Blain Somber' Beene Pore & Astbod L P
1430 Bodied Awe, 23. Floe
Mimi, Florae 33131
MEMORANDUM OF LEASE
THIS MFINORAND(1M OF LEASE (this '1qemamaMert is awed into of 4_
dry2I1_, between The City of Mimi, O emaciate! esperion of the See of
Florida ("6tm9f"I. end VOW. Key, LLC,a Florae baited liability mown ('L ).
RECITALS:
A. I.easar ad Lew have enacted tort the nemin Lee Alremm deed as of
B. The peas heap deein to Me the Mem=aaban of Leete in de IAddia Rec0ntlt
ofMiand-Defe Cowy, Fluids so provide record wave d4 Lome end the men mi msdkim
tweed wee to V media real Popery bored is Miami-G4, Cawey, Sated
Florida and we Wamlelydemised e 4 whet
NOW, THEREFORE, Mr acril and minable walked*. sod in fader outadeeiat of
4 rims rowed a d Me wawa e d mnatieos me pawdey b Penh b the Lome. Lase
and Lame herby epee s follows
1 The &use Wes ee sue led
cows d re arupuod Weis dad fad lo fee M rapiodiad ow to ea Memorandum
den here 4 tote randy as b de lam wept if osewise toed.
2. (mardlate The Awed Den, as defied 10 the Lew b
Poe
14
Submitted into the Aublic
rcor4 or i em(s) V1E,1) Q, E.
es 61 U 17 . city CIA
Housekeeping and Formatting
Clarifying notation "attached on following pages" inserted in Exhibit A (Survey/Legal Description).
REDLINE VERSION
EXHIBIT A
SURVEY/LEGAL DESCRIPTION OF PREMISES
allached on following Dazes
CURRENT VERSION
EXHIBIT A
SURVEY/LEGAL DESCRIPTION OF PREMISES
attached on following pages
15
Sutmitted into the public n
reco em(i) Q\ ?) V1 E, 4
oa City Cleric
Housekeeping and Formatting
Sub -section numbering for Sections 5.3.1, 5.3.2, and 5.3.3 removed from the Table of Contents
(substantive text remains in the body).
REDLINE VERSION
ARTICLE V CONSTRUCTION & LEASEHOLD IMPROVEMENTS.._ 21
5.1 Lessee's Obligation to Construct & Maintain Leasehold Improvements 21
5.2 Conceptual Plan 22
5.3 Construction Plans 22
22
CURRENT VERSION
ARTICLE V CONSTRUCTION & LEASEHOLD IMPROVEMENTS 21
5.1 Lessee's Obligation to Construct & Maintain Leasehold Improvements 21
5.2 Conceptual Plan 22
5.3 Construction Plan 22
Submitted into the p blic
e. II i C Cie
Case Law
Florida law is clear that changes to a negotiated agreement between a private
party and the government are allowed, so long as:
• The changes are ministerial; or
• The changes end up benefiting the government.
See, e.g. Harry Pepper & Assocs., Inc. v. City of Cape Coral, 352 So. 2d 1190, 1192
(Fla. 2d DCA 1977); Emerald Corr. Mgmt. v. Bay Cnty. Bd. of Cnty. Comm'rs, 955
So. 2d 647, 653 (Fla. 1st DCA 2007); Robinson Elec. Co. v. Dade Cnty, 417 So. 2d
1032, 1034 (Fla. 3d DCA 1982); Glatstien v. City of Miami, 399 So.2d 1005 (Fla. 3d
DCA), rev. denied, 407 So.2d 1102 (Fla. 1981); State, Dept. of Lottery v. Gtech
Corp., 816 So. 2d 648 (Fla. 1st DCA 2001).