HomeMy WebLinkAboutR-99-0460J-99-570
6/22/99
RESOLUTION NO. 9 9 - 460
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 DULY 31, 1999,
$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.
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,
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J U N 2 2 1999
Resolution 119.
99- 460
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 concession area for business 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 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 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
$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
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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 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 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
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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 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 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, 1998 (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 31, 1999, $40,000 will be returned to
Management, with the remaining $60,000 plus all interest accrued
�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
1
provisions.
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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 F 1999.
JOE CAROLLO, MAYOR
in accordance with Sec. 2.36, since the Mayor did not indicate ep,� roval of
this legislation b; Designated pla e provided. Bair,": f ciisla.~tor. riaw
becomes effective witt, 0', (10) days torn theJa# of Co rs ion action
regarding same, without the vlayor•(pxercispgya� �
ATTEST:
WALTER J. FOEMAN, Cj'Y CLERK
CORRECTNESS:/
OWDRO V I 1;
ATTORNEY
72:IT: BSS
Walter J_F-ef ian, City Clerk
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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