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Home My WebLink AboutR-01-09980 • -01-91S 9/25/01f` .41 C I2LSOLUT�ON NO. A RESOLUTION OF THE MIAMI CI'T'Y COMMISSION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO TIIE REVOCABLE PERMIT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH BAYSIDE SEAFOOD RESTAURANT, INC. ("PERMITTEE") 'T'0 ASSIST PERMITTEE IN REBUILDING THE RESTAURANT AT VIRGINIA KEY MARINA, 3501 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA ("AREA"), 13Y ADDING TIIE FOLLOWING TERMS AND CONDITIONS: (1) PERMITTEE TO REBUILD THE AREA THAT WAS PARTIALLY DESTROYED BY FIRE ON AUGUST 10, 2001; (2) PERMITTEE TO USE INSURANCE PROCEEDS JOINTLY RECEIVED BY THE CITY ALONG WITH ANY OF PERMITTEE'S OWN FUNDS NECESSARY TO COMPLETE THE CONSTRUCTION; (3) PERMITEE TO DONATE THE IMPROVEMENTS TO THE CITY; (4) PERMITTEE TO RELEASE THE CITY FROM ANY AND ALL CLAIMS AND. LIABILITY IN CONNECTION WITH CONSTRUCTION OF THE IMPROVEMENTS AND THE USE OF INSURANCE PROCEEDS AND ANY ADDITIONAL FUNDS REQUIRED FOR THE RECONSTRUCTION OF THE DAMAGED AREAS; (5) CITY TO DEFER PAYMENT OF MONTHLY FEES OWED BY PERMITTEE FOR THE PERIOD OF AUGUST 1, 2001 THROUGH THE END OF CONSTRUCTION, BUT NO LATER THAN NOVEMBER 30, 2001; AND (6) PERMITTEE TO COMMENCE PAYMENT OF' DEFERRED FEES WITH EITHER THE COMPLETION OF THE CONSTRUCTION OR DECEMBER 1, 2001, WHICHEVER OCCURS FIRST, WHICH PAYMENT SHALL BE MADE ON THE FIRST DAY OF EACH MONTH, FOR SIX MONTHS FOLLOWING THE EXPIRATION OF THE DEFERMENT .PERIOD. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Cj'7 aysolutldn Na. Section 1. The City Manager is authorized11 to execute an Amendment to the Revocable Permit, in a form acceptable to the City Attorney,_ with Bayside Seafood Restaurant, Inc. (the "Permittee") to assist Permittee in rebuilding the restaurant at Virginia Key Marina, 3501 Rickenbacker Causeway, Miami, Florida ("Area"), by adding the following terms and conditions: (1) Permittee to rebuild the area that was partially destroyed by fire on August 10, 2001; (2) Permitted to use insurance proceeds jointly received by the City along withanyof Permittee's own funds necessary to complete the construction; (3) Permittee to donate the improvements to the City; (4) Permittee to release the City from any and all claims and liability in connection with construction of the improvements and the use of insurance proceeds and any additional funds required for the reconstruction of the damaged areas; (5) City to defer payment of monthly tees owed by Permittee for the period of August 1., 2001 through the end of construction, but no later than November 30, 2001; and (6) Permittee to commence payment of deferred fees with either the completion of the construction or December 1, 2001, whichever occurs first, which payment shall be made on the first day of each month, for six months following the expiration of Lhe deferment period. The herein authorization is further subject to compliance with all. requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City. Charter and Code provisions. Page 2 of 3 I _. 2iJu Section 2. This Resolution shall become effective immediately upon its adoption and signature of the Mayor Y IPASSED AND ADOPTED this _25th day of September 1 2001, JOE CAROLLO, MAYOR In accordance with Miami Code, Sec. 2.36, since the Mayor did not indicate approval of 7.h;.13, 10(jWntion by signing it in the designated place ovided, said legislation novo effective With the ehpso of Lin 11i fro a date of Commisaicn e ' ragcrding same, without the Mayore�x : i g a e ,J ATTEST: Walter J. a i, City Clerk WALTER J. FOEMAN CITY CLERK APP ED S TO FORM AND CORRECTNLSS:.# 7YRO VILARELLO ATTORNEY W5741:LN:BSS If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission, Page 3 of 3 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Honorable Mayor and Members ofl4c City Commission une z FROM : City Manager RECOMMENDATION: DATE: 6Fc 18 ^nS FILE; SUBJECT: Bayside Seafood Restaurant, Inc Amendment to Revocable Permit REFERENCES: ENCLOSURES: The Administration recommends that the City Commission adopt the attached Resolution, authorizing the City Manager to execute an Amendment to the Revocable Permit, in a form acceptable to the City Attorney (the "Permit"), between the City of Miami (the "City") and Bayside Seafood Restaurant, Inc. (the "Permittee"). This Amendment shall allow the Permittee to use insurance proceeds to rebuild the property located at 3601 Rickenbacker Causeway ("the Area") that was partially destroyed due to fire damage. BACKGROUND: On December 1, 1994, the City Commission adopted Resolution 94-895 authorizing the City Manager to execute a Revocable Permit on a month -to month basis with Permittee for the use of the restaurant area at Virginia Key Marina, located at 3501 Rickenbacker Causeway, Miami, .Florida. The Permit allowed the continued operation of a food and beverage concession. On April 10, 1997, the City Commission adopted Resolution 97-290 authorizing the City Manager to execute an amendment to the Revocable Permit with Permittee to provide for, among other things a revision to the monthly fee, a credit for janitorial services, a payment plan for past due fees that was owed to the City, a procurement of a water consumption survey, and a personal guarantee for the past due fees owed to the City. On August 10, 2001, Permittee incurred a fire that destroyed the outdoor deck dining area, and partially damaged the dining and kitchen area of the restaurant. On September 5, 2001, the administration met with Permittee and negotiated the following terms: a) Permittee would be allowed to rebuild the property. b) Permittee would be allowed to use insurance proceeds along with any of Permittee's own funds, which may be necessary to complete construction. c) Permittee would donate the reconstructed improvements to the City. d) Permittee would release the City from any all claims and liability in connection with construction of the improvements, use of the insurance proceeds, and additional funds required for the reconstruction of the damaged Area. e) The administration agreed to a deferment of outstanding monthly fees owed by the Permittee to the City for the period of August 1, 2001 through the end of construction but no later than November 30, 2001. Commencing with either the completion of construction, or December 1, 2001, whichever occurs first, the Honorable Mayor and Members of the City Commission Page 2... outstanding monthly fees shall be due and payable monthly on the first day of each month, for six (6) months following the expiration of the deferment period. CAG/bDaj37pk/ Bayside Scafood Restaurant Recommendation .doe Ot- 998 rJ-94-1012 12/1/94 RESOLUTION NO. 94- 895 A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE PERMIT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH BAYSIDE SEAFOOD RESTAURAINT, INC. FOR THE USE OF THE RESTAURANT AREA AT VIRGINIA KEY MARINA, LOCATED AT 3501 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA, TO ALLOW FOR THE ' CONTINUED OPERATION OF THE FOOD AND BEVERAGE CONCESSION ON A MONTH-TO-MONTH BASIS WITH BAYSIDE SEAFOOD RESTAURANT, INC.) PAYING A MONTHLY FEE TO THE CITY OF TWO THOUSAND FIVE HUNDRED DOLLARS ($2.500.00) PLUS TEN AND THREE TENTHS PERCENT (10.3%) OF ITS MONTHLY GROSS PROCEEDS AND WITH TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN THE REVOCABLE PERMIT. WHEREAS, since 1985 Bayside Seafood Restaurant, Inc. (the "Restaurant") has been operating a restaurant in Virginia Key on City -owned land on a portion of that . area governed by that certain Concession Agreement dated May 19, 1978, between the City of Miami and Marine Stadium Enterprises, Inc., as assigned and amended (the "Agreement"); and WHEREAS, the term of the Agreement expired on May 31, 1993 and all further extensions of said term have been terminated pursuant to a Court Order entered on November 9, 1994, in connection with Case No. 94-14211 CA (32); and CUT COfaQS8mcw MEETING OF OEC 0 1 1994 Aeeolution No. 8 WHEREAS, the Restaurant wishes to continue its operations on the premises and will pay to the City of Miami a monthly fee of. Two Thousand Five Hundred Dollars ($2,500.00) plus continue to pay to the City ten and three tenths percent (10.3%) of its monthly gross proceeds, and meet other terms and conditions outlined in the Revocable Permit; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The City Manager is hereby authorizedll to execute a Revocable Permit, in substantially the attached form, with Bayside Seafood Restaurant, Inc. for the use of the restaurant area at Virginia Key Marina, located at 3501 Rickenbacker Causeway, Miami, Florida, to allow for the continued operation of the food and beverage concession on a month-to-month basis with Bayside Seafood Restaurant, Inc.,paying a monthly fee to the City of Miami of Two Thousand Five Hundred Dollars ($2,500.00) plus ten and three tenths percent (10.3%) of its monthly gross proceeds and with terms and conditions as more 1—/The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. -2- particularly set forth in the Revocable Permit. Section 3. This Resolution shall become . effective .` immediately upon its adoption. PASSED AND ADOPTED this 1st day of December 1994. ,?Alf STEPHEN P. CLARK, MAYOR ATT T MAT Y HIRAI CITY CLERK PREPARED AND APPROVED BY: LI BRU ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: IAe // /FM/FL4 .1 N; 0 44 r - A. Q INN ES, II CITY ATTO EY -3- RESOLUTION NO. a E ! ti "'u A CER TO EXECUTE A RESOLUTION AUTHORIZING THE CITY M NA, �F ��/7 �*t i AN AMENDM' ENT, IN . A FORM ACCEPTABLE . TO THE .CITY r `t ATTORNEY,' ATO •THE REVOCABLE• •PERMIT ISSUEQ TO BAYSIDB $EAFOO.D RESTAURANT; INC. 1"15SR') ON DECEN1BEf1 21, 199x, N TO THE Nf0A1TNCY• F9t' * B) A TQ PROVIDE FOR: A) A REV1810 . CREDIT. FQR' 'JANITORIAL SERVICES; C) A PAYMENT: PLAN: FOR DUE MONIES• .• TQ THE CIN: DI PROCUREMENT• OF•'A WATER CONSUMPTION.$URVEY; AND E) A PERSONAL GUARANTEE FROM THE OWNER OF BSR GUARANTEEING THE MONIES OWED TO THE 'CITY. • j 8E 1T RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: ! Section 1. The City Manager is hereby authorized' to execute ani .amendnient, ins form. ecceptebla to the City Attorney, to the Revocable Permit issued to Bayside Seafood Restaurant, lhc,,'on December 21, 1994, to provide for the following` i i A). Revision to the monthly fee effective February 1, 1997, to provide for a j 1 92,500 monthly guarantee plus eight percent 18%) of gross receipts greater i than 9500,000 per year prorated on a monthly basis. sj A one-tiime credit to SSR in the amount of 812,920.32 for the proviclon of lam itoriai services for the period of November, 1995, through January, 1997. ~ CI Additional 41,000 monthly payment to the City due on the 1 st day of each { month commencing February 1, 1997, as repsym.ent of fees owed to the City in the amount of 132,282.48 (the "existing debt').for the period of November, 1995, through January, 1997. Said payment shall remain payable monthly f l i nd Rerein authorization is further subject to complience with all requirements that may be imposed by the City;Attornsy, including but not limited to those precciibed by applicable City Charter and Code provisions. CYIX CO>�Ss3S011 3i�'18T7 OP APR 10 J997 heeolutlan No, 01— — 998 elr fP-26- P -r THU 1 1 221 p d3 until all amounts due aril paid in full. The 'armunt of: 032•,282.48 it the Mamcs due after pivinp the credit provided in •B° above. Dl ' `Eitective FIIW060 ;1,, 1997, 8SR hall receive a monthly credit of 1786 for the provision of )ariitoriil services. This` credit shell, be'given In•, the form of, a riduction of thi si listing debt. E1 BSA shalt procure a new water consumptlon sprvey to be performed by in etipineer bpprovltd; by the City. The City ahell share In the poet of the survey i by permitting 69R to' reduce the existing debt by 50% of the actual survey ' cast. ' Th0'fi6dlnas of said survey shell �be'binding upon, the parties. Thi City Shall adjust, 0. ounta due for water• servo" rotroa,ctfve to tyecpm6et, 1994; based upon the 'd4age findings of the'nevr consumption su ey.• The adjusted usage amount shall remain payable monthly to the City by F}. 'A personal 'guarantse from the owner of 6SR. ?. Section 2.. This Reolution shall become effective immediately upon its adoption. PASS> D AND ADOPYEb this' 10th day of Aorii, 1997. r JOE CAROLl.O; MAYOR ' ATiEST, PENDING WALTER J, FOEMAN Es t CITY CI.EAK PRkl"AA : A40 APPROVED 6Y, APPROVED AS TO FORM AND CORRE&NESS: vw� 1dUUE 0.�.6Rt1'. A, JO , U! A•S$19TANT, CITY ATTORNEY* C A ?0 . . W 1 isi;CSK•40a t�1. 99