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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).