On April 21, 2021, the  Mayor and City Commission adopted Resolution No. 2021-31690 approving a Lease Agreement between the City of Miami Beach (Landlord) and Sobe Cats Spay & Neuter, Inc. and Saving Sage Animal Rescue Foundation, Inc. (collectively, Tenant) for the use of a 2,440 square foot  City-owned building and 14,392 square feet of adjacent  land, located at 8128 Collins Avenue (Demised Premises) to provide  trap, neuter, vaccinate, and rescue/release (TNVR) activities, other animal welfare related services, as well as for an adoption center by Tenant, and other interested non-profits.

On August 27, 2021, the Landlord and Tenant entered into a Lease Agreement (Agreement) having an initial term of three (3) years, commencing on April 1, 2021 and ending on March 30, 2024 with no additional renewal options.

On March 27, 2023, Tenant communicated to the City their interest and request for an additional 3-year term extension of the existing Agreement (Exhibit A).

Accordingly, Administration has reviewed Tenant’s requests. Following is the recommended preliminary and tentative essential terms for a new Lease Agreement.

LANDLORD: City of Miami Beach, a Florida Municipal Corporation.

TENANT: SoBe Cats Spay & Neuter Inc., and, Saving Sage Animal Rescue Foundation, Inc.


DEMISED PREMISES: 8128 Collins Avenue
Miami Beach, 33141

SIZE: Approximately 2,440 square feet City-owned building and 14,392 square feet of adjacent land

TERM: Three (3) years, terminable by the City without cause and for convenience, upon 90 days’ notice to Tenant

RENEWAL OPTION: None

BASE RENT: One Dollar ($1.00) a year

MAINTENANCE: Tenant shall be solely responsible for the operation and day-to-day housekeeping, janitorial services, and routine maintenance of the Demised Premises, and all improvements, fixtures, and equipment thereon. Tenant shall, at its sole expense and responsibility, maintain the Demised Premises, and all fixtures and appurtenances therein, and shall make all repairs thereto, as and when needed, to preserve them in good working order and condition and will not suffer or permit any strip or waste of the Demised Premises. Tenant shall be responsible for maintaining clean all interior walls and the interior and exterior of all windows and doors, as well as immediate replacement of any and all plate glass or other glass in the Demised Premises which may become broken, using glass of the same or better quality.

The City shall be responsible for the maintenance of the roof, the exterior of the Building, all heating/ventilation/air conditioning (HVAC) equipment servicing the Demised Premises, touch ups and full painting as needed, the structural, electrical and plumbing, including sinks and/or toilet(s) fixture(s), but excluding plumbing problems caused by Tenant, its officers, employees, agents, contractors, invitees or guests, and chilled water supply system.

PUBLIC BENEFITS:
a. Speak at neighborhood associations and condo associations about the City of Miami Beach Community Cat Program.

b. Train residents how to properly feed community cats if they choose to sign up for the City’s Registered Cat Feeder Program.

c. Train residents on how to TNVR (trap neuter vaccinate return) neighborhood community cats to help control the cat population, should they be willing to assist.

d. Provide education as to free TNVR outlets as well as loan the required traps needed to bring the cats in for the surgeries.

e. The Kitty Campus adoption facility provides an opportunity for students to obtain community service hours for their schools.

f. Host community TNVR events at our location, where Miami Dade Animal Services handles surgeries, and we organize and train the trappers.

g. Provide a process for residents to report cats that need TNVR.

h. Provide a foster program where we train residents how to care for cats & kittens as we prepare them for adoption.


i. Assist home and building owners/property managers as to how to remove cats from their location prior to fumigation or demolition.

UTILITIES: Tenants

REAL ESTATE TAXES: Landlord

STRUCTURAL REPAIRS
AND SPRINKLERS: Landlord

OTHER: Landlord would be responsible for the installation of new hurricane impact windows; one (1) additional electrical outlet, drain, plumbing and ventilation as needed for a second set of washer/dryers in the kitchen (washer/dryer to be provided by Tenant); one (1) additional water supply and drain for a kitchen style wash sink (sink to be provided by Tenant) in the back room. These projects to be part of the capital budget requests and completed within the City’s 2025/2026 fiscal year not-to-exceed $120,000.00.

INSURANCE: Tenants

TERMINATION FOR

CONVENIENCE: The City Manager on behalf of the City, will have the right to terminate for convenience,

upon providing Tenant with ninety (90) days’ written notice.

LIABILITY: Tenant shall be individually and jointly responsible for the Tenant obligations under the Lease.

LEASE
COMMENCEMENT DATE: April 1, 2024

USE: The Demised Premises shall be used by the Tenant for the purposes of trap, neuter, vaccinate, and rescue/release (TNVR) activities, as well as for a potential adoption center by SoBe Cats Spay & Neuter Inc., its partners, Saving Sage Animal Rescue Foundation, Inc., and other interested non-profits, which shall require prior written approval by the City Manager.

Based upon the foregoing, the Administration recommends the Finance and Economic Resiliency Committee discuss and approve the proposed Lease with Sobe Cats & Neuter Inc., and Saving Sage Animal Rescue Foundation, Inc. (collectively, Tenant) based upon the terms provided herein.  The Administration will submit a capital request for the 2025/2026 fiscal year to cover the building improvements requested by Tenant.

Exhibits

A – Request Letter