HomeMy WebLinkAboutR-00-0899J-00-957
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RESOLUTION NO..
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY MANAGER TO EXECUTE
AMENDMENT NO. 8 TO THE MANAGEMENT AGREEMENT,
IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
AND SUBJECT TO SATISFACTION OF CERTAIN
CONDITIONS, WITH LATIN AMERICAN GOURMET
RESTAURANT, INC. ("MANAGEMENT"), TO PROVIDE
FOR: (1) THE REINSTATEMENT OF THE MANAGEMENT
AGREEMENT, DATED MAY 29, 1992, AS AMENDED, AS
OF SEPTEMBER 30, 2000; (2) THE REVISION OF
THE CONSTRUCTION SCHEDULE FOR COMPLETION OF
CONSTRUCTION AND THE OPENING OF THE
CONCESSION AREA BY OCTOBER 30, 2000; AND (3)
MANAGEMENT'S EXECUTION OF AMENDMENT NO. 8
WITHIN FIVE (5) DAYS OF RECEIPT OF THE
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
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
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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
WHEREAS, 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,
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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
failed to complete the construction of improvements and open the
concession area for business by July 31, 1999, the Agreement
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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
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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) 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, Management advised that the work will not be
completed by March 31, 2000, and requested another extension of
time to complete the construction and open the concession area
for business; and
WHEREAS, pursuant to Resolution No. 00-347, adopted
April 13, 2000, the City Commission authorized the City Manger to
execute Amendment No 7 to the Management Agreement to provided
for: (1) the reinstatement of the Management Agreement, as
amended, as of May 29, 1992, as amended as of April 1, 2000; (2)
the establishment of a construction schedule for completion of
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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 an official waiver by that date; and (5)
Management's execution of Amendment No. 7 within ten (10) days of
receipt of the Amendment from the City; and
WHEREAS, Management advised the City that it would not be
able to open the concession area for business by September 30,
2000; and
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 adopted by reference and
incorporated as if fully set forth in this Section.
section 2. The City Manager is authorized" to execute
Amendment No. 8 to the Management Agreement, in a form acceptable
to the City Attorney, and subject to satisfaction of certain
conditions with Latin American Gourmet Restaurant, Inc., for the
management, operation and maintenance of the concession area at
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.
u3 a V V.! WJ
46 West Flagler Street, Miami, Florida, to provide for: (1) the
reinstatement of the Management Agreement, as amended, as of
September 30, 2000; (2) the revision of the construction schedule
for completion of construction and the opening of the concession
area by October 30, 2000; and (3) Management's execution of
Amendment No. 8 within five (5) days of receipt of the amendment
from the City.
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor. 2/
PASSED AND ADOPTED this 12th day of October 2000.
JOE CAROLLO, MAYOR
In accordance with Mliamod,'a Sec. 2-36, since the !Mayor did not indicate approad! of
this 4 gisir,.tion icy sign€nc, it in the d ,.nfter..?/Co.
r�ro'�ided said legislation now
becomes effective with the u}S- of �ean (IO ayt t�i� date of Co mml
E� rciir� sarvr�e; without arra itAayar, 9rcisiiig v�
WALTER J. FOEMAN %'CITY CLERK
APPRO D, AS T//'FORM AND CORRECTNESS
ATTORNEY
4816:LB: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.
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