Accordingly, the Administration has reviewed SoBe Cats’ requests, containing the following essential business 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 approximately 17,500 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. Tenant shall also be responsible for the purchase and maintenance of fixtures, furniture and equipment needed to operate within these premises.
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: Tenant (paid from the City’s TNVR budget, subject to budget approval)
LANDLORD
IMPROVEMENTS: 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, in an amount not-to-exceed $120,000.00, and, subject to budget approval, will be completed within the City’s 2025/2026 fiscal year.
INSURANCE: Tenant maintains General Liability insurance and All-Risk Property and Casualty insurance for leasehold improvements and Landlord pays for hazard insurance.
TERMINATION FOR The City Manager on behalf of the City, will have the right
CONVENIENCE: to terminate for convenience, upon providing Tenant with ninety (90) days’ written notice.
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 an adoption center by SoBe Cats Spay & Neuter Inc., and other interested non-profits, which shall require prior written approval by the City Manager.
Pursuant to Section 82-37 (b) of the City Code, the proposed new lease is required to be transmitted by the City Manager for consideration by the City’s Finance and Economic Resiliency Committee (FERC) and approval by a majority of the members of the City Commission pursuant to a public hearing.
FERC Recommendation
The City Manager, as required by City Code Section 82-37(b), transmitted the negotiated terms of the new lease to the May 24, 2023 Finance and Economic Resiliency Committee (FERC). At the May 24, 2023 meeting, the FERC recommended in favor of approving a new Lease Agreement with Tenant based upon the negotiated terms. Since the presentation at the FERC meeting, Tenant has requested that SoBe Cats be the only Tenant for the proposed new Lease Agreement and the Administration is in agreement.
CITY MANAGER’S RECOMMENDATION
Based upon the foregoing, the City Manager recommends waiving, by 5/7th vote, the formal competitive bidding requirement in Section 82-39(a) of the City Code, finding such waiver to be in the best interest of the City, and approving the draft Lease Agreement with SoBe Cats, containing the essential, negotiated business terms, a copy of which is attached hereto as (Exhibit B).