HomeMy WebLinkAboutR-00-0307J-00-346
4/13/00
RESOLUTION NO.�' mom'
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY MANAGER TO EXECUTE
AMENDMENT NO. 7 TO THE MANAGEMENT AGREEMENT,
IN SUBSTANTIALLY THE ATTACHED FORM, AND
SUBJECT TO SATISFACTION OF CERTAIN
CONDITIONS, WITH LATIN AMERICAN GOURMET
RESTAURANT, INC. ("MANAGEMENT"), FOR THE
MANAGEMENT, OPERATION AND MAINTENANCE OF THE
CONCESSION AREA AT 46 WEST FLAGLER STREET,
MIAMI, FLORIDA, TO PROVIDE FOR: 1) THE
REINSTATEMENT OF THE, MANAGEMENT AGREEMENT,
DATED MAY 29, 1992,, AS AMENDED, AS OF
APRIL 1, 2000; 2) THE ESTABLISHMENT OF A
CONSTRUCTION SCHEDULE FOR COMPLETION OF
CONSTRUCTION AND THE OPENING OF THE
CONCESSION AREA BY SEPTEMBER 30, 2000; 3) THE
OPENING OF THE CONCESSION AREA IN ACCORDANCE
WITH THE CONSTRUCTION SCHEDULE
NOTWITHSTANDING THE STATUS OF MANAGEMENT'S
REQUEST TO THE STATE OF FLORIDA FOR A WAIVER
OF THE REQUIREMENTS OF THE AMERICANS WITH
DISABILITIES ACT; 4) MANAGEMENT'S COMPLIANCE,
AT ITS SOLE COST AND EXPENSE, WITH THE
REQUIREMENTS OF THE AMERICANS WITH
DISABILITIES ACT OR ITS RECEIPT OF A WAIVER
BY SAID DATE; AND 5) MANAGEMENT'S EXECUTION
OF AMENDMENT NO. 7 WITHIN TEN (10) DAYS OF
RECEIPT OF SAID AMENDMENT FROM THE CITY.
WHEREAS, on May 29, 1992, a Management Agreement was
executed between the City of Miami and Latin American Gourmet
Restaurant, Inc., ("Management") for the management, operation
and maintenance of the park concession area at Paul Walker Park;
and
CITY COMMISSION
MEETING OF
APR 9 3 '3C00
Rp'solution l�o.„
Or o e
•
WHEREAS, pursuant to Resolution No. 98-434, adopted
April 28, 1998, the City Commission granted Management an
extension of time for opening the park concession area from
May 25, 1998 to November 25, 1998, and also required Management
to provide the City with a Letter of Credit in the amount of
$100,000, payable to the City of Miami in the event that
Management failed to complete the construction of the
improvements and open for business by November 25, 1998; and
WHEREAS, Management failed to open for business on or before
November 25, 1998; and
WHEREAS, on December 2, 1998, the City collected $100,000
under the Letter of Credit ("Collected Amount"); and
WHEREAS, pursuant to Resolution No. 98-1226, adopted
December 8, 1998, the City Commission authorized the City Manager
to execute Amendment No. 2 to the Management Agreement, which
provided: (1) for an extension of time for completing
construction of improvements and opening the concession area for
business from November 25, 1998 to April 1, 1999, (2) that if
Management completed the construction of improvements and opened
the concession area for business by April 1, 1999, Management
would be entitled to $80,000 of the Collected Amount, and (3)
that if Management failed to complete the construction of
improvements and open the concession area for business by
April 1, 1999, the Agreement would automatically terminate
without any further action by the City; and
WHEREAS, Management failed to complete the construction of
the improvements by April 1, 1999; and
Page 2 of 7
w
WHEREAS, in order to avoid additional delays in the
completion of the project, the City Manager executed Amendment
No. 3, which pursuant to Resolution No. 99-273, adopted April 27,
1999, provided for: 1) the reinstatement of the Management
Agreement, as amended, as of April 1, 1999; 2) an extension of
time for the opening of the concession area to June 30, 1999; 3)
the City's retention of the Collected Amount until the completion
of the construction; 4) Management's entitlement to $50,000 of
the Collected Amount in the event the concession area was open
for business on or before June 30, 1999, with the remaining
$50,000, plus all accrued interest, being retained by the City;
and 5) the City's retention of the Collected Amount and all
accrued interest in the event the construction was not completed
and the concession area was not opened for business on or before
June 30, 1999; and
WHEREAS, Management advised the City that it would not be
able to complete the construction of the improvements and open
the concession area for business by June 30, 1999; and
WHEREAS, pursuant to Resolution No. 99-460, adopted June 22,
1999, the City Commission authorized the City Manager to execute
Amendment No. 4 to the Management Agreement, which provided: (1)
for an extension of time for completing construction of
improvements and opening the concession area for business from
June 30, 1999 to July 31, 1999, (2) that if Management completed
the construction of improvements and opened the concession area
for business by July 31, 1999, Management would be entitled to
$40,000 of the Collected Amount, and (3) that if Management
Page 3 of 7 '�
failed to complete the construction of improvements and open the
concession area for business by July 31, 1999, the Agreement
would automatically terminate without any further action by the
City; and .
WHEREAS, Management advised the City that it would not be
able to open the concession area for business by July 31, 1999;
and
WHEREAS, pursuant to Resolution No. 99-807, adopted
October 26, 1999, the City Commission ratified, approved and
confirmed the City Manager's execution of Amendment No. 5 to the
Management Agreement, which provided for: 1) the reinstatement of
the Management Agreement, as amended, as of August 1, 1999; 2) an
extension of time for opening the concession area, to March 31,
2000; 3) the City's retention of the Collected Amount until the
completion of the construction; 4) Management's entitlement to
$40,000 of the Collected Amount in the event the concession area
was opened for business on or before March 31, 2000, with the
remaining $60,000, plus all accrued interest, being deposited in
the City's Unanticipated Revenue Account; and 5) the City's
retention of the Collected Amount and all accrued interest in the
event the construction was not completed and the concession area
was not opened for business on or before March 31, 2000; and
WHEREAS, pursuant to Resolution No. 99-832, adopted
October 26, 1999, the City Commission authorized the City Manager
to execute Amendment No. 6 to the Management Agreement, which
provided: 1) an abatement of the Management Fee for the period
August 1, 1999 to June 30, 2000; 2) a decrease in the monthly
Page 4 of 7 96 �
percentage payment of gross receipts for the Management Fee from
fifteen percent (15%) to ten percent (10%); 3) an amendment to
the term of the Management Agreement from ten (10) years
beginning on November 30, 1995, to a period of ten (10) years
commencing on the date the concession opens for business (but not
later than March 31, 2000); 4) for payment of $40,000 of the
Collected Amount to Management with the remaining $60,000 plus
accrued interest being retained by the City; 5) Management
releasing the City from any and all claims, suits, damages or
causes of action arising as the result of or relating to costs
incurred by Management during the construction period and until
the park concession area opens for business, subject to the City
Commission's review of the City Manager's written recommendation
prior to the execution of Amendment No. 6; and
WHEREAS, the work will not be completed by March 31, 2000,
and Management has requested another extension of time to
complete the construction and open the concession area for
business;
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.
Page 5 of 7
Section 2. The City Manager is hereby authorizedll to
execute Amendment No. 7 to the Management Agreement, in
substantially the attached form, and subject to certain
conditions as set forth in Section 3 hereinbelow, to provide for:
1) the reinstatement of the Management Agreement, as amended, as
of April 1, 2000; 2) the establishment of a construction schedule
for completion of construction and the opening of the concession
area by September 30, 2000; 3), the opening of the concession area
by said date notwithstanding the status of Management's request
to the State of Florida for a waiver of the requirements of the
Americans with Disabilities Act; 4) Management's compliance, at
its sole cost and expense, with the requirements of the Americans
with Disabilities Act or its receipt of an official waiver by
said date; and 5) Management's execution of Amendment No. 7
within ten (10) days of receipt of said Amendment from the City.
Section 3. The herein authorization is subject to
satisfaction of the following conditions by the Management:
1. Within ten days of receipt of Amendment No. 7 from
the City, Management shall have provided the City
with an affidavit of ownership interests and such
other information regarding its ownership and
corporate structure as the City Manager may
request; and
2. The City Manager shall have determined that the
ownership of Management has sufficient experience
to operate the concession area and perform the
other obligations contained in the Agreement, as
amended.
�i 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.
f t �' J
Page 6 of 7
Section 4. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.2/
PASSED AND ADOPTED this 13th day of April , 2000.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2-36, since the Mayor did not Indict
this legislation by signing it in the designated place provided, Se.id IpgislatiJn
becomes effective with the elapse often (10) d from a date of C mission u:ck o i
roWding same, without the Mayor er ' in veto.
ATTEST: �- n, City Clerk
WALTER J. FOEMAN
CITY CLERK e
APPROVED SATO FORM CORRECTNESS?/
Cel
14:LB: 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 7 of 7 ° d
0
CITY OF MIAMI, FLORIDA 0 15
INTER -OFFICE MEMORANDUM
Honorable Mayor and
To : Members of the City Commission DATE
SUBJECT:
FROM: REFERENCES:
oAHWarshawA
City Manager ENCLOSURES:
RECOMMENDATION:
APR - 5 2000 FILE :
Latin American Gourmet Restaurant
It is respectfully recommended that the attached Resolution authorizing the City Manager to
execute Amendment No. 7 to the. Management Agreement between the City of Miami and Latin
American Gourmet Restaurant, Inc. ("Amendment No. 7"). Amendment No. 7 provides for: (1)
the reinstatement of the Management Agreement, as amended, as. of April 1, 2000; 2) the
establishment of a construction schedule for completion of construction and the opening of the
concession area by September 30, 2000; 3) the opening of the concession area in accordance with
the construction schedule notwithstanding the status of Management's request to the State of
Florida for a waiver of the requirements of the Americans with Disabilities Act; 4)
Ntanagement's compliance, at its sole cost and expense, with the requirements of the Americans
with Disabilities Act or its receipt of a waiver by said date; and 5) Management's execution of
Amendment No. 7 within ten (10) days of receipt of said amendment from the City.
BACKGROUND:
On May 29, 1992 a Management Agreement was executed between the City of Miami and Latin
American Gourmet Restaurant, Inc., for the management, operation and maintenance of the park
concession area at Paul Walker Park.
On April 28, 1998, pursuant to Resolution 98-434, the City Commission approved Amendment
to the Management Agreement ("Amendment") granting Latin American Gourmet Restaurant,
Inc. an extension of the previously set date for opening the park concession area from May 25,
1998 to November 25, 1998, and also required Latin American Gourmet Restaurant, Inc. to
provide the City a Letter of Credit in the amount of $100,000, payable to the City of Miami if
Latin American failed to complete the construction of the improvements by November 25, 1998.
00— "au"11
Latin American Gourmet Restaurant, Inc.
Page Two...
On December 8, • 1998, . pursuant to Resolution 98-1226, the City Commission approved
Amendment No. 2 to the Management Agreement ("Amendment No. 2")' granting Latin
American Gourmet Restaurant, Inc. an extension of the previously set date for opening the park
concession area from November 25, 1998 to April 1, 1999. 'As part of Amendment No. 2, Latin
American Gourmet Restaurant, Inc. would be. entitled to a return of up ,to eighty thousand dollars
($80,000) if they opened for business by April 1, 1999.
On April 27, 1999, pursuant -to Resolution 99-273, the City. Commission ratified, approved and
confirmed the City Manager's execution of Amendment No. 3 to the Management Agreement
("Amendment. No. 3") granting Latin American Gourmet Restaurant, Inc. an extension of the
previously set date for opening the park concession area from April -1, 1999 to June 30; 1999. As
part of Amendment No. 3, Latin American Gourmet Restaurant, Inc. would be entitled to a return
of up to fifty thousand Dollars ($50,000) if they opened for business by June 30, 1999.
On June 22, 1999, pursuant to Resolution 99-460, the City Commission approved Amendment
No. 4 to the Management Agreement ("Amendment No. 4") granting Latin American Gourmet
Restaurant, Inc. an extension of the previously set date for opening the park concession area from
June 30, 1999 to. July. 31, 1999.. As part • of Amendment No... 4, Latin American Gourmet
Restaurant, Inc. would be entitled to a return of up to forty thousand dollars ($40,000) if they
opened for business by July 31, 1999.
On October 21, 1999, pursuant to Resolution 99=807; the City Commission ratified, approved
and confirmed the City Manager's execution of Amendment No. 5 to the Management
Agreement ("Amendment No. 5") which reinstated the Management Agreement, as . amended,
and grants Latin American Gourmet Restaurant, Inc. an extension of the previously set date for
opening the park concession area from July 31, 1999 to March 31, 2000.
On October 26; 1999, pursuant to Resolution' 99=832, the City Commission approved
Amendment No. G to the Management Agreement ("Amendment No. 6") granting Latin
American Gourmet Restaurant, Inc. an abatement of the Management Fee from August 1, 1999
to June 30, 2000. As part of Amendment No. 6, Latin American Gourmet Restaurant, Inc. would
receive $40,000 of the $100,000 Letter of Credit proceeds to assist in construction of a sprinkler
system.
On March 24, 2000, the Management received the $40,000 referenced above and is now willing
to proceed in completing construction of the, improvements.
Latin American Gourmet Restaurant, Inc.
Page Three...
Highlights of Amendment No. 7 are as follows:
• The Management Agreement, as amended, is reinstated with an effective date of April 1,
2000.
• The following construction schedule is being established. If the Management fails to
meet any of the deadlines established below, the Management Agreement shall be
automatically terminated.
(i) May 9, 2000 Deadline to submit all fire sprinkler drawings to the City.
(ii) July 17, 2000 Deadline to obtain all applicable permits for
construction and installation of the fire sprinklers,
which permits include, but is not limited to, permits
from the City of Miami, Miami -Dade County Water and
Sewer. Department, Miami -Dade County Department of
Environmental Resource Management, State of Florida
HRS and State of Florida Department of Transportation.
(iii) September 22,.2000 Deadline to complete all construction and request final
inspections from the City of Miami.
(iv) September, 30, 2000 Deadline to open for business.
• The opening of the concession area by September 30, 2000 shall not be affected by the
status of Management's request for a waiver of the requirements of the American with
Disabilities Act.
• The City shall keep $60,000 plus accrued interest it has retained from the $100,000 Letter
of Credit proceeds it received on December 2, 1998.
• Management releases the City from and against any and all actions, claims, suits,
judgments and demands whatsoever, in law or equity, for (i) costs, lost profits and/or any
other damages relating in any manner to any delay in the opening of the park concession
area for business, (ii) costs and/or other damages during the construction period, and/or
(iii) the proceeds from the Letter of Credit.
DHW:JL:LB:AF:PK: Memo for Amendment No. 7.doc
Iu-y 307
JAN -19-99 TUR 10226
J48 -123S
11/6/98
RasoLUTION yo, 98-1226
A RESOLUTION AUTHORIZING TSB. CITY _. ER TO..
BI�C6J'i8 AN A1�N`TH
DKW TO S ' , G .
AGiIZBMtZNT, IN A FOR14 ACCZPTABLB TO TSR CITY
ATTORNEY,: WITH LATIN , AMMICAN OQURNST
RZSTAjJnw, INC. ( *LATIN ASR cir jz , Aliifor
SAALL BRRQVIDB: 1) FOR RSiNSTATBI►98NT OF °9CH8 ;
MA1 AOREffiCW, . Di►T8D . MAY 29,o 2 99 , AS
AMBb; ,Z) FOR AN BX1`TSION OF TIME TBE.
opmrna ; OF Tu CONc9$SIGI� '►BSA AT PAUL.
pAIt1C, I,!?CATED AT i 16 : NBBT : FLAOLBIt: $°!'BEET,
NIA1�I, FLOEIDA, FROM 25, . 1g9a TO
ARIL .3.80�t ]iii � maim IN T'8$
M3iitN OiNL7C 3!8'11' ' $TSO TO
BPFBCTIVB DSCBMISBR ' 1, 1.998 4) THAT TIM CITY
SM" RRTAIN THE $100,000 PROCkBDS. RWXIV3D-
MWER TSS LR7."= OF CRSDIT _ a
1998 Walla TSS COMP LNTIOK OF Im O MW-rJKW-VIOK
OF THE .CONCESSION ART; 5) TUT IN T8B: 1T
TSS . $BION ARBA IS OPD FOR BiTSIN�ISS ON .
OR BSFORZ APRIL i, 1999, $80,000 SRALL 98,
RBTORNSD TO LATIN AMBRICANt AND TEM. RBMa►
$20, 000 PLUS nNTBRSST miALL 88 ' mP0$ITBD iN
T9 D CITY OF im I S NON-6UDC#87.'BD. REVENUES
ACC OWT t AND 6) THAT IN TBS 8VRNT TSS
CONSTRUC!rION IS NOT COMPLETED AND TSB
COMC888IOrN AREA IS NOT OPMMD FOR BUSYNESS ON
OR BZPORZ APRIL 1, 1999, TEM CITY SHALL
RjMrN THRL ffiITIRE $100,000 AND ALL INTEREST
ACCRUED.
P.02
WMRZAS, on May 29, 1992, a Management Agreement was
executed between the . City of Miami and LatiU AmeriCan GourMOt
Restaurant, Inc. Matin American"), for the management,
op0:ratton and maintenance of the park concession area at Paul
60- 30
.TAN- 1 9-99 TUE 10:27 P..O$e-..... _
Walker Park; and
WHiRSA9, pursuant to Resolution . No. 98-434, adopted
April 2e, 1998, the City Commission .granted Latin American an
extension of the previously set date for .opening the park
concession area Pram Way 25,..'1998 to, November. 25, 1998 41. and also
required Latin American to provide the City a Letter of Credit in
the' amount of.$100,000► payable to the. City of Miami should Latin
American fail to complete the construction of the im provtente by
Novamber 25, 1998r: and
WHERM, Latin American failed to complete the construction
of the improvements by november 25, 1998, and inaccordance with
the Letter of Credit, dated December 2, 1998, the City received a
cashier's check in the amount of $100,000; and
EMRRU, the Ameaftent to the Management Agreement, dated
August 13, 1998,- requires that should Latin American Gourmet
Restaurant,.Inc. tall to open.the concession area for business by
November 25, 1998, .the Agreement shall automatically terminate
without any further action by,the City; and
WBRMS8 the City,Commission deems it in the beat interest
to reinstate and amend .the Management Agree®ent with Latin
American an provided. herein j,, . .
NOW,, 'I'I MPOR8, R$ TT RESOLVED BY. THE COMMISSION OF THB CITY
P j
JAN -19-99 TUE 10:28 P,04
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 an amendment to the Management Agreement with Latin
Ametican dourest Reetaurnnt, Inc. ( %titin Ameiriean') , in a.
acceptable to the City Attorney, providing: i) for reinstatement
of the Management Agreement, dated May 29, 19920 an amended; 2)
for an extension of time ror the opening of the concession area
at Paul Walker Park, located at 46 West Flagler Street, Miami,
Florida, from November 25, 1998to April 1, 1999; 3) for an
inctease in the minimum monthly rent from $750 to $1,500,
effective December 1, 1998; 4) that the City shall retain the
$106,000 proceeds received on December 2, 1998 under the Letter
of Credit, until the completion of the construction and the
issuance of a certificate of occupancy; 5) that in the event the
con0ansion area is opened for business on or before April 1,
1999, $80,000 shall be returned to Latin American, and the
remaining $20,000, plus all interest accrued, shall be deposited
in the'City Of Mimmi's Non -budgeted Revenues Accounts and 6) that
in the event the construction is not completed and the concession
1� The heroin authorisation is further subject to cotVliance with all
rapirementa that my be imposed by the City Attorney, including but not
limited to those prescribed by applicable City Charter and Coda
proviaicns.
6 — NY
3 -
J�1iJ- 1 9-99 TUK 10 B 28 P M.S.
area is not opened for business on or before April 1, 1999,.the
City shall retain the entire $lOD,000 and all interest accrued.
section 3. This Resolution shall became effective upon
its adoption and signature of f h® Mayor-I/,
PAGGOD AND ADOPT® this, s� day oU _ neleamte!r_. 1998.
In 8000,dai10e wAh MkIng caft Sec.2 , s ft VW)w d d not k+diceta mppravat of
the by IWft !t. In the &ft PWMSCL WAW iO&W;on tow.
hsaooa�s thh the ebe of ten (9p)from of Cu acncrf
Q witho� She hAeyor
ATTBST :.
a Coy create
J. PO man
CITYr~LSRI�
APPRdVW A RM CORRBCTNBSS:t/
it the° ttayor does not; sign this Revolution, it shall beams effective'.. fit
the and of tea calendar days from iiia date it eras `paFsed and adopted.
It the sayor -vstoas this Resolution, It shall become effective
isnediately upon override of -the veto by the City Cowission.
J-99-385
4/14/99
RESOLUTION NO. 9 9- 2 7`3
A RESOLUTION RATIFYING, APPROVING AND
CONFIRMING THE CITY MANAGER'S ACTION IN
EXECUTING ,AMENDMENT NO. 3 TO THE MANAGEMENT
AGREEMENT, IN THE ATTACHED FORM, WITH LATIN
AMERICAN GOURMET RESTAURANT, INC.
("MANAGEMENT") WHICH PROVIDED FOR: 1)
REINSTATEMENT OF THE MANAGEMENT AGREEMENT,
DATED MAY 29, 1992, AS AMENDED (THE "AMENDED
AGREEMENT"); 2) AN EXTENSION OF TIME FOR THE
OPENING OF THE CONCESSION AREA AT PAUL WALKER
PARR, LOCATED AT 46 W. FLAGLER STREET, TO
JUNE 30, 1999; 3) THE CITY RETAINING THE
$100,000 PROCEEDS RECEIVED UNDER THE LETTER
OF CREDIT ON DECEMBER 2, 1998 UNTIL THE
COMPLETION OF THE CONSTRUCTION OF THE
CONCESSION AREA; 4) IN THE EVENT THE
CONCESSION AREA IS OPEN FOR BUSINESS ON OR
BEFORE JUNE 30, 1999, $50,000 WILL BE
RETURNED TO MANAGEMENT; 5) IN THE EVENT THE
CONSTRUCTION IS NOT COMPLETED AND THE
CONCESSION AREA IS NOT OPEN FOR BUSINESS ON
OR BEFORE JUNE 30, 1999; THE CITY SHALL
RETAIN THE ENTIRE $100,000 AND ALL INTEREST
ACCRUED WITH THE REMAINING $50,000 PLUS
INTEREST TO BE DEPOSITED IN THE UNANTICIPATED
REVENUE ACCOUNT.
WHEREAS, on May 29, 1992,
executed between the City of Miami
a Management Agreement was
and Latin American Gourmet
Restaurant, Inc., ("Management") for the management, .operation
and maintenance of the park concession area at Paul Walker Park;
and
WHEREAS, pursuant to Resolution
� '7ACH M 1 X T
C, rm a * t
c� 1?
.r
98-434, adopted
CTPY COMMISSION
MEETING OF
APR 2 7 1999
Rew1utlnn No,
0-0-
April 28, 1998, the City Commission granted. Management, an
extension of the, previously set date for opening the park
concession area from May 25, 1998to November 25, i998, and also
required Management to, provide the City a Letter of. Credit for
to the of Miami if Mana ement fails to
. $100,000, payable Y g ,
complete construction,. of the. improvements,. on or before
November 25•,,11998; and
WHEREAS`, Management failed to complete construction of these
improvements on or before November 25, 1998; and
WHEREAS, on December 2 ,. 1998 -the 'City collected the amount
of $100,000 under the.. letter.: of- credit (."Collected Amount") ; and
WHEREAS, pursuant to Resolution 98-1226,, adopted December 8,
1998, the City Commission granted Management an extension of the
previously set date for opening the park concession area from
November 25',,1998 to. April 111 1999; and
WHEREAS, .Amendment- .No. 2 to Management Agreement, dated.,
January 19, 1999 ("Anendment No. 211), states that if Management
opened the concession 'area for .business. by April .1, 1999,
Management shall be.entitled to a refund of up to.$80,000 of the
Collected Amount and
WHEREAS, Amendment'rNo.-"2-states that if Management fails to
open the concession area for business by April 1, 1999, the
Agreement shall automatically terminate without any further
_ 2
action by the City; and
WHEREAS, Management failed to open for business by April 1,
1999; and
WHEREAS, as of April 1, 1999, Management had been diligently
pursing the completion of construction at the Property; and
WHEREAS, in order to avoid additional delays in the
completion of the project, the City Manager executed
Amendment No. 3; and
WHEREAS, the City Commission deems it in the best interest
to ratify the action of the City Manager which reinstates and
amends the Agreement with Management as provided herein;
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's execution
of
Amendment
No. 3 to Management
Agreement
with Management, in
the
attached
form, providing
for;
1)
the
reinstatement
of
the Management
Agreement, dated
May
29,
1992,
as amended;
2)
an extension of
time for the opening of the concession area at Paul Walker Park,
- 3 -
located at 46 W. Flagler.Street, to June 30, 1999; 3) the City's
retention of the Collected.. Amount until the completion of the
construction and the issuance of a certificate of occupancy; 4)
the Management's entitlement of .up to $50,000 of the Collected
Amount in the .event the concession area is open for business on
or before June 30, 1999, with the -remaining $50,000, plus all
interest accrued,' to be retained by the City; and. 5) the City
retention of the Collected Amount and all interest accrued in the
event the construction is not completed and the concession area
is not open for business on or before: June 30, 1999 is -hereby
ratifiedll, approved and confirmed.
Section 3. Any funds received as a result of this
agreement shall be deposited in the unanticipated revenue
account
Section 4. This Resolution shall become effective
l� The herein ratification .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.
0
a
immediately upon its adoption and signature of the Mayor.Z/
PASSED AND ADOPTED this 27th day of April , 1999.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2-36, since the Mayor did not irdiczto 2p�rry=�
this legislation by signing it in the designated place provided.: zid lec;s-,;c.,
becomes effective with the elapse of ten (10) days fr the date of Ccm
regarding same, without the Mayor ex e isi a "`
ATTEST:
Wa e o an, City Clerk
WALTER J. FOEMAN
CITY CLERK
PROVEH'AS�960 FORN':'AD CORRECTNESS > /
1: RCL
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.
- 5 -
J-99-570
6/22/99
TEL
t
Jan 291 12:46 No .001 P.02
RESOLUTION NO. 6-0-
A
0
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY MANAGER TO EXECUTE
AMENDMENT NO. 4 TO THE MANAGEMENT AGREEMENT,
IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
WITH LATIN AMERICAN GOURMET RESTAURANT, INC.
("MANAGEMENT") TO PROVIDE FOR: (1) AN
EXTENSION OF TIME FOR THE COMPLETION OF
IMPROVEMENTS AND THE OPENING OF THE
CONCESSION AREA FOR BUSINESS AT PAUL WALKER
PARK, LOCATED AT 46 WEST FLAGLER STREET,
MIAMI, FLORIDA, TO JULY 31, 1999; (2) THE
CITY'S RETENTION OF THE $100,000 PROCEEDS
RECEIVED UNDER THE LETTER OF CREDIT ON
DECEMBER 2, 1998, UNTIL THE COMPLETION OF THE
CONSTRUCTION OF IMPROVEMENTS AND THE ISSUANCE
OF A CERTIFICATE OF OCCUPANCY; (3) IN THE
EVENT THE CONSTRUCTION OF IMPROVEMENTS IS
COMPLETED AND THE CONCESSION AREA IS OPENED
FOR BUSINESS ON OR BEFORE JULY 31, 3999,
$40,000 WILL BE RETURNED TO MANAGEMENT, WITH
THE REMAINING $60,000 PLUS INTEREST TO BE
DEPOSITED IN THE CITY'S UNANTICIPATED REVENUE
ACCOUNT; AND (4) IN THE EVENT THE
CONSTRUCTION OF IMPROVEMENTS IS NOT COMPLETED
AND THE. CONCESSION AREA IS NOT OPENED FOR
BUSINESS ON OR BEFORE JULY 31, 1999, THE CITY
SHALL RETAIN THE ENTIRE $100,000 AND ALL
INTEREST ACCRUED.
a
WHEREAS, on May 29, 1992, a Management Agreement was
executed between the City of Miami and Latin American Gourmet
Restaurant, Inc., ("Management") for the management, operation
and maintenance of the park concession area at Paul Walker Park,
JUN 22IM
TEL Jan' 29'01 12:47 No .001 P.03
located at 46 west Flagler Street,"Miami, Florida; and
WHEREAS,". pursuant. to Resolution No. 98-434, adopted
-April 28, .1998, the City Commission granted Management an
extension of the previously set date for completion of
improvements and' the opening of the" concession area for business
from May 25, 1998 to November 25, 1998, and •also required
Management to provide the. -City with a Letter of Credit, payable
to the City of Miami, in the amount of $100,000, if_ Management
.failed to complete the construction of .improvements and open the
concession area for business by November 25, 1998;_ and
WHEREAS, Management. failed to' complete construction of
improvements and open the concessionarea for business on or
before November 25, 1998; and
W14MMAS, on December 210 1998, the City collected "the amount.
of $100,000 under the Letter of -Credit ("Collected Amount,,); and
WHEREAS, pursuant to Resolution No. ~:98-1226, adopted
December 8, 1998, the City Commission authori,zed.the City Manager
to execute Amendment No 2 .to' the Management Agreement, which
provided: (1) -for an extension of the previously set date for_
'completing construction -;.,of improvements and opening the
concession. area for business 'frdm•.9ovember 25, 1998 to April 1,
1999, (2) that. if ,Management completed the -construction of
improvements and opened: the concession area for business by
April 1, 1999, Management shall be entitled to a refund of
$80,000 of the. Collected Amount, and (3) that if Management
' failed to complete the construction of improvements and open the
concession area for business by April .10, 1999, the Agreement
TEL Jan 2QaLO1 12:47 No..001 P.04
would automatically terminate without any further action by the
City; and
WHEREAS, Management failed to complete the construction of
improvements and open the concession area for business by
April i, 1999; and
WHEREAS, as of April 1, 1999, Management had been diligently
pursuing the completion of construction at the Property; and
WHEREAS, in order to avoid additional delays in the
completion of the project, the City Manager executed Amendment
No. 3, which, pursuant to Resolution No. 99-273, adopted
April 27, 1999, provided for: (1) the reinstatement of the
Management Agreement, dated May 29, 1992, as amended, (2) an
extension of time for the opening of the concession area to
June 30, 1999, (3) the City's retention of the Collected Amount
until the completion of the construction of improvements and the
issuance of a certificate of occupancy, (4). the Management's
entitlement of up'to $50,.,000 of the Collected Amount in the event
the concession area is opened for business on or before June 30,
1999, with the remaining $50,'000, plus all interest accrued, to
be retained by the City; and (5) the City's retention of the
Collected Amount and all interest accrued in the event the
construction is not completed and the concession area is not
opened for business on or before June 30, 1999; and
WHEREAS, Management has advised the City that it will not be
able to complete the construction of improvements and open the
concession area for business by June 30, 1999, and is requesting
3- ( { fe !1
v V 4TV'�
TEL Jan 29' 1 12:48 No.00! P.05
said' deadline be' extended; and.,
WHEREAS, the City commission deems it in the best interest
to further amend -said Management Agreement as provided herein;
NOW, THEREFORE, BE.I`T 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 authorized;' to
execute Amendment No. 4 to the Management Agreement, in a form
acceptable to the City Attorney, with Latin American Gourmet
Restaurant, Inc. ("Management',), providing for: (1) an extension
of time for the completion of improvements.and the opening of the
concession area for business at Paul Walker Park, located at
46 West.Flagler Street, Miami,. Florida, to July 31, 1999; (2) the..
City's retention of the $100,000 proceeds received under the
Letter .of Credit. on December 2, 16.998, (the Collected Amount,,),.
including all interest earned thereon, -until the completion of'.
the construction of improvements and the issuance of a
certificate .of occupancy;' (3) in. the event the construction of
improvements is completed and the concession area is opened for
business on or before July 11,,-1999, $40,;000 will be returned to
Management, with the remaining ..$60,000 plus all interest accrued
J The herein authorization in further subject to, ccmpliance 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.
TEL Jan V 1 12:43 No.001 P.06
of the Collected Amount, to be deposited in the City's
Unanticipated Revenue Account; and (4) in the event the
construction of improvements is not completed and the concession
area is not opened for business on or before July 31, 1999, the
City shall retain the entire Collected Amount and all interest
accrued.
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.11
PASSED AND ADOPTED this 22nd day of June 1999.
JOE CAROLLO, MAYOR
1n accardanes wits .4, Sec. 2.36, gine the MrrAw did not lndlr4P �ccroval of
the legislation b;, lisipnated t� a provided. Raise i giquimr. anti
becerrtes effec:tive wilt,(10) deny m d�yc�" \of C0700action
( 6t�rrf8. wlth0ut the may or(rxerdsf nj a ��
ATTEST:
CORRECTNESS://
,TTORNEY
72:IT: ESS
Walter
j� If the Mayor does not sign this Resolution, it shall become effective at
the and 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 coamiesion ,. (�)t^
OV7
- 5 -
il
v
11
J-99-786
9/15/99
a .0-
RESOLUTION NO .0 S 0
A RESOLUTION OF THE MIAMI CITY COMMISSION
RATIFYING, APPROVING AND CONFIRMING THE CITY
MANAGER'S ACTION IN EXECUTING AMENDMENT NO. 5
TO THE MANAGEMENT AGREEMENT, IN SUBSTANTIALLY
THE ATTACHED FORM, WITH LATIN AMERICAN
GOURMET RESTAURANT, INC. ("MANAGEMENT"). WHICH,;<•
PROVIDED FOR: 1) THE REINSTATEMENT OF THE
MANAGEMENT AGREEMENT, DATED MAY 29, 1992, AS
AMENDED (THE "AMENDED AGREEMENT"); 2) AN
EXTENSION OF TIME FOR THE OPENING OF THE
CONCESSION AREA AT PAUL WALKER PARK, LOCATED
AT 46 WEST FLAGLER STREET, TO MARCH 31, 2000;
3) THE CITY'S RETENTION OF THE $100,000
PROCEEDS RECEIVED UNDER THE LETTER OF CREDIT
ON DECEMBER 2, 1998 UNTIL THE COMPLETION OF
THE CONSTRUCTION OF THE CONCESSION AREA; 4)
THE RETURN'OF $40,000 TO MANAGEMENT, WITH THE
REMAINING $60,000 PLUS INTEREST TO BE
RETAINED BY THE CITY, IN THE EVENT THE
CONCESSION AREA IS OPEN FOR BUSINESS ON OR
BEFORE MARCH 31, 2000;. 5) THE CITY'S
RETENTION OF THE ENTIRE $100,000 AND ALL
INTEREST ACCRUED IN THE EVENT THE
CONSTRUCTION IS NOT COMPLETED AND THE
CONCESSION AREA IS NOT OPEN FOR BUSINESS ON
OR BEFORE MARCH 31, 2000.
WHEREAS, on May 29,. 1992, a Management Agreement was
executed between the City of Miami and Latin American Gourmet
Restaurant, Inc., ("Management") for the management, operation
and maintenance of the park concession area at Paul Walker Park;
and
WHEREAS, pursuant to Resolution 98-434, adopted
April 28, 1998, the City Commission granted Management an
. _ .... --- -- On CO'iemsZoIiY
i KEMNG OF
i 1y� m r � Lr a,! // w! �7 v7• � R
r'r'T 2 6 1999
h6
soltttioa No.
1
extension of, the previously set date for opening the park
.concession -area from May 25, 1998` to November 25, 1998, and also.
required Management to provide the City'a Letter of Credit in the
amount of $100,000, payable .to the City of Miami if Management
failed to c.omplete..`the construction of the improvements by
November 25, 1998; and
'WHEREAS, Management failed to open for business on or.before
November 25, 1998; and
WHEREAS,' on December 2, 19.98'the City collected 'the amount
of $100,000 under the Letter of Credit ("Collected Amount"); and
WHEREAS, pursuant .;to Resolution 98-1226, adopted
December 8, 1998, the City Commission authorized the City Manager
to execute Amendment No. 2 to the Management Agreement, which
provided: (1) for an' extension .of the previously' set date for
completing construction of improvements and opening the
concession area for business from November `25, 1998 to
April 1,,1999, (2) that if Management completed the construction
of improvements and opened the. concession area for business by
April 1, 1999,, Management shall be entitled to 'a refund of
580,000 of the, Collected Amount, and '(3) that if Management
j.
failed :to complete the construction, of improvements and open the
concession area for busines,s' by April 1, 1999, the Agreement-
: V 0
would automatically terminate without any further action by the
City; and
WHEREAS, Management failed to complete the construction of
the improvements by April 1, 1999; and
WHEREAS, as of April 1, 1999, Management had been diligently
pursuing the completion of construction at the Property; and
WHEREAS, in order to avoid additional delays in the
completion of the project,. the City Manager executed Amendment
No. 3, which pursuant to Resolution 99-273, adopted
April 27, 1999, provided for 1) the reinstatement of the
Management Agreement, dated May 29, 1992, as amended; 2) an
extension of time for the opening of the concession. area at Paul
Walker Park, located at 46 West Flagler Street, to June 30, 1999;
3) the City's retention of the Collected Amount until the
completion of the construction; 4) the Management's entitlement
of up to $50,000 of the Collected Amount in the event the
concession area is open for business on or before June 30, 1999,
with the remaining $50,000, plus all interest accrued, to be
retained by the City; and 5) the City's retention of the
Collected Amount and all interest accrued in the event the
construction is not completed and the concession area is not open
for business on or before June 30, 1999; and
WHEREAS, Management advised the City that it would not be
able to complete the construction of the improvements and open
�" eo07
the concession area for business by June 30, 1999; and
WHEREAS, pursuant to Resolution 99-460, adopted
June 22, -1999, the.City Commission authorized the City Manager to
execute Amendment No. 4- to the Management Agreement, which
provided: (1) for an extension of, the previously set date for
completing construction of improvements and opening the
concession area for.business from June 30, 1999 to July 31-, 1999,
(2) that if Management. completed the construction of improvements
and opened ,the concessionarea for business by July 31, 1999,
Management shall be entitled to a refund of $40,000 of the
Collected Amount, and (3) that if Management failed to complete
the construction. of improvements and open the concession area for
business by July 31, 1999, the Agreement would automatically
terminate without .any further action by the City.; and
WHEREAS, additional. unforeseen work is required for
Management to fully open the concession for business; and
WHEREAS, -the City. and Management both agree that an
extension in the opening, for business is in "the Parties best
interest; and
.WHEREAS, the City Commi'ssion deems it in, -the best in
to. reinstate the. Amended Agreement with 'Management as provided
herein;
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's execution of
Amendment No. 5 to Management Agreement with Management, in
substantially the attached form, providing for: 1) the
reinstatement of the Management Agreement, dated May 29, 1992, as
amended; 2) an extension of time for the opening of the
concession area at Paul Walker Park, located at 46 W. Flagler
Street, to March 31, 2000; 3) the City's retention of the
Collected Amount until the completion of the construction; 4) the
Management's entitlement of $40,000 of the Collected Amount in
the event the concession area is open for business on or before
March 31, 2000, with the remaining $60,000, plus all interest
accrued, to be deposited in the City's Unanticipated Revenue
Account;, and 5) the City's retention of the Collected Amount and
all interest accrued in the event the construction is not
completed and the concession area is not open for business on or
- 5
before March 31, 2000', is hereby ratified,, approved and
confirmed.
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.-
PASSED AND ADOPTED this 26th day of October 1999.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approval o;
this legislation by signing it in the desionated p!--ce e-ov,il -ov
becomes effective with the elapse of ten (10% 1, or:
regarding same, without the Mayor ex cisin a v
ATTEST: Wait J. oe ,City Clerk
WALTER FOEMAN
CITY CLERK
APP�R� D� RM CORRECTNESS:
LARELLO
ATTORNEY
W3755 RCL:hdb
�i 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 Commis ion.
ki
- 6 -
Ur
7
J-99-965
10/26/99
F 0
RESOLUTION NO.
99- 332
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY MANAGER TO EXECUTE
AMENDMENT NO. 6 TO THE MANAGEMENT AGREEMENT,
IN A FORM ACCEPTABLE TO THE, CITY ATTORNEY,
WITH LATIN AMERICAN GOURMET RESTAURANT, INC.
("MANAGEMENT") FOR THE MANAGEMENT, OPERATION
AND MAINTENANCE OF THE CONCESSION AREA AT"
PAUL WALKER PARK, LOCATED AT 46 WEST FLAGLER
STREET, MIAMI, FLORIDA, TO PROVIDE FOR: 1) AN
ABATEMENT OF THE MANAGEMENT FEE FOR THE
PERIOD OF AUGUST 1, 1999 TO JUNE 30, 2000; 2)
A DECREASE IN THE MONTHLY PERCENTAGE PAYMENT
OF GROSS RECEIPTS FOR THE MANAGEMENT FEE FROM
FIFTEEN PERCENT (15%) TO TEN PERCENT (10%);
3) AMENDING THE TERM OF THE MANAGEMENT
AGREEMENT FROM TEN (10) YEARS BEGINNING ON
NOVEMBER 30, 1995 (THE "EFFECTIVE DATE"); TO
A PERIOD OF TEN (10) YEARS COMMENCING ON THE
DATE THE CONCESSION OPENS FOR BUSINESS, WHICH
SHALL NOT BE LATER THAN MARCH 31, 2000; 4)
THE RETURN OF $40,000 TO MANAGEMENT OF THE
$100,000 PROCEEDS RECEIVED BY THE CITY FROM A
LETTER OF CREDIT PROVIDED BY MANAGEMENT TO
THE CITY, WITH THE REMAINING $60,000. PLUS
INTEREST TO BE RETAINED BY THE CITY, 5)
MANAGEMENT AGREEING TO RELEASE THE CITY FROM
ANY AND ALL CLAIMS, SUITS, DAMAGES OR CAUSES
OF ACTION ARISING AS A RESULT OF OR RELATING
TO COSTS INCURRED BY MANAGEMENT DURING THE
CONSTRUCTION PERIOD AND UNTIL THE PARK
CONCESSION AREA OPENS FOR BUSINESS, SUBJECT
TO THE CITY COMMISSION'S REVIEW OF THE CITY
MANAGER'S WRITTEN RECOMMENDATION PRIOR TO THE
EXECUTION OF AMENDMENT NO. 6.
WHEREAS, on May 29, 1992, a Management Agreement was
executed between the .City of Miami and Latin American Gourmet
Restaurant, Inc., ("Management") for the management, operation
�' 7
CITY CobIMSSION
MEETING OF
0 C T 2 6 1999
Resolution No.
f' ik c: " ` d
and maintenance of the park concession area at Paul Walker Park,
located at 46 West F-agler Street, Miami, Florida; and
WHEREAS, pursuant to.. Resolution No. 98-434, adopted
-April 28, 1998, the City .. Commission granted Management an
extension of the previously set date for opening said park
concession area from May,25, 1998 'to November 25, 1998, and also
required -Management to provide the City with, a. Letter of Credit
in the amount of $100,000, payable to.'�the City of Miami if
Management' failed to -complete the construction of the
improvements by November 25, 1998,; and
WHEREAS, Management failed to open for business on or before
November 25, 1998; ,and
WHEREAS, on December 2, 1998 the City collected.the amount
of $100,0.00 under the Letter.of Credit O Collected Amount"); and
WHEREAS, pursuant to Resolution No. 98-1226, adopted
December 8, 1998, the City Commission authorized the City Manager
to execute. Amendment No's. 2 to said Management Agreement, which
provided: (1) for,;an extension of the previously set date for
completing -,-construction of improvements and opening the
concession area for.business from November 25, 1998 to _April 1,
1999, (2) that if .Management completed the construction 'of
improvements and, opened. the concession area for business by
April, l., 1999, Management shall be. entitled to a refund of
$80,000 of the Collected Amount, and (3) that if Management
failed to complete the construction of improvements and open the
concession area for business by April 1, 1999, the Agreement
would automatically terminate without any further action by the
City; and
WHEREAS, Management failed to complete the construction of
said improvements by April 1, 1999; and
WHEREAS, as of April 1, 1999, Management had been diligently
pursuing the completion of construction at the Property; and
WHEREAS, in order to avoid additional delays in the
completion of the project, the City Manager executed Amendment
No. 3, to said Management Agreement which, pursuant to Resolution
No. 99-273, adopted April 27, 1999, provided for: 1) the
reinstatement of the Management Agreement, dated May 29, 1992, as
amended; 2) an extension of time for the opening of said
concession area to June 30, 1999; 3) the City's retention of the
Collected Amount until the completion of the construction; 4) the
Management's entitlement of up to $50,000 of the Collected Amount
in the event the concession area is open for business on or
before June 30, 1999, with the remaining $50,000, plus all
interest accrued, to be retained by the City; and 5) the City's
retention of the Collected Amount and all interest accrued in the
event the construction is not completed and the concession area
3 - v 40
is not open,for business on or before June'30,,1999; and
WHEREAS, Management. advised the City that it would not be
able` -to complete the construction of the improvements' and open
said concession area for business by June 30, 1999; and.
WHEREAS, pursuant to Resolution No..99-460, adopted.June 22,
1999, the City Commission authorized the City Manager to execute
Amendment No. 4 to said Management Agreement, which provided: (1).
for an extension of the previously set date for completing
construction of"improvements and opening the. Concession- area for
business from June 30, 1999 to July 31, 1999, (2) that if
Management completed the construction of. improvements and opened
the concession area ,for business by July" 31, 1999, Management
.shall be entitled to a refund of $40;000 of the Collected Amount,
and (3).that if Management failed to complete the construction of
improvements and open the concession area for business by
July 31, 1999, the Agreement would. automatically terminate,
without any further action by the City; and
WHEREAS, Management advised the City that it would not be
able to,open the concession area for business by July 31, 1999;
and
WHEREAS, pursuant to Resolution' No: 99-807, adopted
October 26,, 1999, the City Commission ratified, approved and
confirmed the City Manager'.s execution of Amendment No. 5 to the.
- 4
Management Agreement with Management, which provided for: 1) the
reinstatement of the Management Agreement, dated May 29, 1992, as
amended; 2) an extension of time for the opening of said
concession area to March 31, 2000; 3) the City's retention of the
Collected Amount until the completion of the construction; 4)
Management's entitlement to $40,000 of the Collected Amount in
the event the concession area is open for business on or before
March 31, 2000, with the remaining $60,000, plus all interest
accrued, to be deposited in the City's Non -Budgeted Revenues
Account; and 5) the City's retention of the Collected Amount and
all interest accrued in the event the construction is not
completed and -the concession area is not open for business on or
before March 31, 2000; and
WHEREAS, the City. and Management agree that Management has
incurred substantial and unforeseen construction costs towards
the completion of opening the concession for business; and
WHEREAS, the City Commission deems it in the best interest
to amend the Management Agreement further as provided herein;
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
Fi ai9 7
5
thereto and incorporated herein as if fully set forth in this
Section..
Section 2. The City Manager is hereby authorized to
execute Amendment No. 6 to, the 'Management Agreement, in a form
acceptable to .'the City Attorney, with Latin American Gourmet
Restaurant, • I ric . - ( "Management ") for the . management , operation and
maintenance .of the park concession area at Paul Walker Park,
'located at 46 West.Flagler Street, Miami, Florida, to :provide
:for: 1) an abatement of the Management .Fee for the period of
,August 1, 1999 to June 30,,;2000; 2) a decrease in. the monthly
.percentage payment of -gross 'receipts for the Management -Fee from
fifteen percent (15%) to ten percent (10%)'; .3) amending• the term.
of the Management Agreement from ten (10) years beginning on
November 30,,- 1995 (the'. "Effective Date"); to a period of ten (10)
years commencing, on the date the 'concession ,opens for business,
which shall not be'later than March 31, 2000; 4) the return of
$40,000 to Management of 'the $100,000 proceeds received by the
City from a Letter of Credit provided by Management to the City,
with, the; remaining $60,000 plus- `interest to be retained by the
City; 5) Management agreeingto release the. City from any and a11`
claims, suits', damages or causes of action arising as the result
of or relating to costs incurred by Management during the
construction period and until the park concession area opens for
1�. The herein authorization is further subiect 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.
6, -
business, subject to the City Commission's review of the City
Manager's written recommendation prior to the execution of
Amendment No. 6.
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor Y
PASSED AND ADOPTED this 26th day of October , 1999.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2-36, since the Mavor did not ineicate apprcv^' of
this legislation by signing it in the designated place provided, said In
tacci—nes effective with the elapse of ten (10) days "rom the date 0 Ccm;;:iss'c:
regarding same, without the Mayor a rising &X o.
ATTEST: Wait J. , City Cierk r
WALTER J. FOEMAN
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.
- 7 -
d-91-755
9/23/91
RESOLUTION NO. 736
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING
THE CITY MANAGER TO EXECUTE A MANAGEMENT
AGREEMENT, IN, SUBSTANTIALLY THE ATTACHED
FORM, WITH LATIN AMERICAN GOURMET RESTAURANT,
INC. IN RESPONSE TO A REQUEST FOR PROPOSALS
FOR THE MANAGEMENT, OPERATION AND MAINTENANCE
OF THE PAUL WALKER PARK FOOD AND BEVERAGE
CONCESSION LOCATED AT 46 WEST FLAGLER STREET,
MIAMI, FLORIDA, FOR A PERIOD OF FIVE (5)
YEARS WITH AN OPTION TO RENEW FOR ONE,
ADDITIONAL FIVE (5) YEAR PERIOD AT THE SOLE
DISCRETION OF THE CITY MANAGER FOR A
MANAGEMENT FEE OF $750.00 PER MONTH OR
FIFTEEN PERCENT (15%) OF MONTHLY GROSS
RECEIPTS, WHICHEVER IS GREATER.
WHEREAS, the City Commisston at, its March 14, 1991 Meeting
adopted Resolution No. 91-213, which authorized the issuance of a
Request for Proposals (RFP) for a Management, Operation and
Maintenance Agreement of the Paul Walker Park Food and Beverage
Concession, located at 46 West Flagler Street, Miami, Florida,
J. .
for an initial term of five (5) years with an option to -renew for
a one five (5) year period at the sole discretion of the City
Manager; and
WHEREAS, a review panel composed of City of Miami staff
members rated Latin American Gourmet Restaurant, Inc.'s proposal
to be the most advantageous to the City according to selection
criteria; and
WHEREAS, on July 3, 1991, the City 'Manager approved
commencement of negotiations with the successful proposer and
negotiations have resulted in an agreement, substantially in the
form attached;
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
_rsA
CIit CCS �•='-:ION
CC), �--*4T I NI cD OCT 3 1991
thereto and incorporated herein as if fully set forth, in this
Section.
Section 2.' The 'City Manager is hereby authorized to
enter. into an 'agreement, in substantially the attached form,
subject to, the City Attorney:s approval as to form and
correctness, for the management, operation and maintenance of the
Paul Walker Park Food and Beverage Cqhcession located. at 46 West
Flaglet Street, Miami,'Florid,a, for an initial term of five years
with an option to renew for.one.additiona I five (5) year period
if in the sole. discretion of the City Manager, the operations
during the initial, term havi been satisfactory as regards
quality, service, prices, cleanliness.. and other considerations,
for a. guaranteed minimum monthly payment of $750.00 or fifteen
percent (15%) of the monthly gross receipts, whichever is
greater..
Section 3. This Resolution shall become effective
-immediately upon its adoption.
PASSED AND ADOPTED this _3rd day of October 1991.
jff
AVIER L. SU EZ; M C
0_R
ATT
�!y
MA TY HIRAI
CITY CLERK
PREPARED AND APPROVED BY:'..
IRMA M. ABELLA
:ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
A. QU
'
III
ACTING CItTT
ATTORNEY
IMA/lb/gmb/M2487
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Agenda Item No. 15
Commission Agenda
April 13, 2000
Amendment Number 7 to Management Agreement
Between the City of Miami and Latin American Gourmet Restaurant, Inc.
This Seventh Amendment to Management Agreement is entered into this _ day of
, 2000, by and between the City of Miami, a municipal corporation of the State of
Florida (the "City") and Latin American Gourmet Restaurant, Inc., a Florida for profit
corporation (the "Management").
Whereas, pursuant to Resolution No. 91-736, passed and adopted by the City
Commission on October 3, 1991, the City entered into a Management Agreement (the
"Agreement") dated May 29, 1992 as amended on August 13, 1998 (the "Amendment No. V),
• with Management, which provided for the management, operation and maintenance of the park
concession area at Paul Walker Park located at 46 West Flagler Street, Miami, Florida; and
Whereas, in accordance with the Amendment No. 1, the Agreement was to
automatically terminate if the Management did not open for business by November 25, 1998; and
Whereas, on December 8, 1998, the City Commission, by Resolution 98-1226, deemed
that an extension was in the City's best interest and thereby reinstated the Agreement, as
previously amended, between the City and Management by the execution of a Second
Amendment to the Agreement dated January 19, 1999 ("Amendment No. 2"); and
Whereas, in accordance with the Amendment No. 2, the Agreement was to
automatically terminate if the park concession area did not open for business by April 1, 1999;
and
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• Whereas, on April 27, 1999, the City Commission, by Resolution 99-273, ratified,
approved and confirmed the City Manager's action of executing a Third Amendment to the
Agreement, as previously amended, dated April 7, 1999 ("Amendment No. 3"); and
Whereas, in\ accordance with the Amendment No. 3, the Agreement was to
automatically terminate if the park concession area did not open for business by June 30, 1999;
and
Whereas, on June 22, 1999, the City Commission, by Resolution 99-460, authorized
the execution of a Fourth Amendment to the Agreement, as previously amended, dated
September 29, 1999 ("Amendment No. 4"); and
Whereas, in accordance with the Amendment No. 4, the Agreement was to
automatically terminate if the park concession area did not open for business by July 31, 1999;
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Whereas, on October 26, 1999, the City Commission, by Resolution 99-807, ratified,
approved, and confirmed the City Manager's execution of a Fifth Amendment to the Agreement,
as previously amended, ("Amendment No. 5"); and
Whereas, in accordance with the Amendment No. 5, the Agreement is to automatically
terminate if the park concession area did not open for business by March 31, 2000; and
Whereas, on October 26, 1999, the City Commission, by Resolution 99-832,
authorized the execution of a Sixth Amendment to the Agreement dated March 10, 2000
("Amendment No. 6") to provide for an amendment to the term of the Agreement and various
other modifications to the arrangement with the Management; and
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0 Whereas, construction of the park concession area will not be complete by March 31,
2000, and the Management has requested an extension of time to complete such construction and
to open the park concession area for business;
Now Therefore, in consideration of the premises and for other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as
follows:
1. The recitals and findings set forth above are hereby adopted by reference thereto and
incorporated herein as if fully set forth in this Agreement.
2. The Agreement, as previously amended (the "Amended Agreement"), is hereby reinstated as
of April 1, 2000.
3. Section 5 of the Amended Agreement, as amended, is hereby deleted in its entirety and
replaced with the following:
5. Concession Operations
"Hours of operation of the park concession area shall be such as to provide the
maximum convenience to those served and shall be as determined by the City Manager.
Minimum hours of operation shall be from 7: 00 a. m. to 6: 00 p. m. Monday through Friday, and
9:00 a.m. to 3: 00 p. m. on Saturday. The park concession area maybe closed on Sunday.
The Management hereby agrees that in accordance with Section 29A, the park
concession area shall open for business no later than September 30, 2000, notwithstanding the
status of the Management's request to the State of Florida for a waiver of the requirements of the
Americans with Disabilities Act. By said date, the Management shall cause the park concession
area to be in full compliance, at its sole cost and expense, with the requirements of' the
Americans with Disabilities Act or shall have received and provided to the City an official
® waiver of such requirements from the appropriate governmental and/or regulatory agency or
agencies.
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• After opening the concession area for business, the Management shall operate the
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park concession area continuously and uninterruptedly during the hours required for the entire
term of this Management Agreement with due diligence and efficiency, so as to enhance the
appearance of the park. Notwithstanding anything herein to the contrary, including any
provisions set forth in Section 34 of this Management Agreement pertaining to notice, if the
Management fails to open the concession area for business by September 30, 2000, this
Management Agreement shall automatically terminate without any further action by the City.
The Management shall, within fifteen (1 S) days thereof, remove all its personal property from the
Area and peacefully surrender possession of the same to the City.
The Management hereby releases the City from and against any and all actions, claims,
suits, judgments and demands whatsoever, in law or in equity, for (i) costs, lost profits and/or
any other damages relating in any manner to any delay in the opening of the park concession
area for business, (ii) costs and/or other damages during the construction period, andlor (iii) the
Proceeds, as hereinafter defined. "
4. A new Section 8A entitled "Proceeds from Letter of Credit" is hereby added to the
Amended Agreement, as follows:
" Notwithstanding any other provision of this Management Agreement, it is the intention
of the Parties hereto that the City keep the $60, 000 plus accrued interest it has retained of the
$100, 000 letter of credit proceeds it received on December 2, 1998, under Letter of Credit No.
98-003 issued by First Western Bank (the "Proceeds') ".
5. A new Section 29A entitled " Timetable to Complete Construction" is hereby added to the
Amended Agreement, as follows:
" The Management agrees to adhere to the following construction schedule in order to
complete the construction in a timely manner. Notwithstanding anything, herein to the contrary,
if the Management fails to meet any of the deadlines established herein, this Management
• Agreement shall automatically terminate without any further action by the City. The
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Management shall, within fifteen (1 S) days thereof, remove all its personal property from the
Area and peacefully surrender possession of the same to the City ":
(i) May 9, 2000 Deadline to submit all fire sprinkler drawings to the City.
(ii) July 17, 2000 Deadline to obtain all applicable permits for
construction and installation of the fire sprinklers,
which includes, but is not limited to, permits from the
City of Miami, Miami -Dade County Water and Sewer
Department, Miami -Dade County Department of
Environmental Resource Management, State of Florida
HRS and State of Florida Department of
Transportation.
(iii) September 22, 2000 Deadline to complete all construction and request final
inspections from the City of Miami.
(iv) September 30, 2000 Deadline to open park concession area for business.
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Except as specifically provided herein, all of the terms and provisions of the Amended
Agreement shall remain in effect.
Latin American Gourmet Restaurant, Inc.
By:
Print Name:
Title:
STATE OF FLORIDA
The foregoing instrument was acknowledged before me this day of
, 2000, by of Latin American Gourmet Restaurant,
Inc., a for profit corporation of the State of Florida, on behalf of the corporation. He/she is personally
known to me or has produced as identification and who did (did not)
take an oath.
Notary Public Signature
Print Name of Notary
Commission No.
Attest
City of Miami, a municipal corporation
of the State of Florida
By:
Donald H. Warshaw
City Manager
Walter J. Foeman
City Clerk
APPROVED AS TO FORM AND CORRECTNESS
Alejandro Vilarello
City Attorney