HomeMy WebLinkAboutR-98-1226J-98-1235
12/8/98
RESOLUTION NO. 9 8 - 12 2
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AMENDMENT TO THE MANAGEMENT
AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH LATIN AMERICAN GOURMET
RESTAURANT, INC. ("LATIN AMERICAN" ) , WHICH
SHALL PROVIDE: 1) FOR REINSTATEMENT OF THE
MANAGEMENT AGREEMENT, DATED MAY 29, 1992, AS
AMENDED; 2) FOR AN EXTENSION OF TIME FOR THE
OPENING OF THE CONCESSION AREA AT PAUL WALKER
PARK, LOCATED AT 46 WEST FLAGLER STREET,
MIAMI, FLORIDA, FROM NOVEMBER 25, 1998 TO
APRIL 1, 1999; 3) FOR AN INCREASE IN THE
MINIMUM MONTHLY RENT FROM $750 TO $1,500,
EFFECTIVE DECEMBER 1, 1998; 4) THAT THE CITY
SHALL RETAIN THE $100,000 PROCEEDS RECEIVED
UNDER THE LETTER OF CREDIT ON DECEMBER 2,
1998 UNTIL THE COMPLETION OF THE CONSTRUCTION
OF THE CONCESSION AREA; 5) THAT IN THE EVENT
THE CONCESSION 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 INTEREST SHALL BE DEPOSITED IN
THE CITY OF MIAMI'S NON -BUDGETED REVENUES
ACCOUNT; AND 6) THAT IN THE EVENT THE
CONSTRUCTION IS NOT COMPLETED AND THE
CONCESSION AREA IS NOT OPENED FOR BUSINESS ON
OR BEFORE APRIL 1, 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. ("Latin American"), for the management,
operation and maintenance of the park concession area at Paul
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Walker Park; and
WHEREAS, pursuant to Resolution No. 98-434, adopted
April 28, 1998, the City Commission granted Latin American 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 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 improvements by
November 25, 1998; and
WHEREAS, Latin American failed to complete the construction
of the improvements by November 25, 1998, and in accordance with
the Letter of Credit, dated December 2, 1998, the City received a
cashier's check in the amount of $100,000; and
WHEREAS, the Amendment to the Management Agreement, dated
August 13, 1998, requires that should Latin American Gourmet
Restaurant, Inc. fail to open the concession area for business by
November 25, 1998, the Agreement shall automatically terminate
without any further action by the City; and
WHEREAS, the City Commission deems it in the best interest
to reinstate and amend the Management Agreement with Latin
American as provided herein;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
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98-1Z49
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 authorizedY to
execute an amendment to the Management Agreement with Latin
American Gourmet Restaurant, Inc. ("Latin American"), in a form
acceptable to the City Attorney, providing: 1) for reinstatement
of the Management Agreement, dated May 29, 1992, as amended; 2)
for an extension of time for the opening of the concession area
at Paul Walker Park, located at 46 West Flagler Street, Miami,
Florida, from November 25, 1998 to April 1, 1999; 3) for an
increase in the minimum monthly rent from $750 to $1,500,
effective December 1, 1998; 4) that the City shall retain the
$100,000 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
concession 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 Miami's Non -Budgeted Revenues Account; and 6) that
in the event the construction is not completed and the concession
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.
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area is not opened for business on or before April 1, 1999, the
City shall retain the entire $100,000 and all interest accrued.
Section 3. This Resolution shall become effective upon
its adoption and signature of the Mayor2l.
PASSED AND ADOPTED this 8th day of December , 1998.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sea. 2-36, since the Mayor did not indicate approval of
this legislation by signing it in the designated place provided, said Ieyiw4atecE r l�`l
becornes effective with the elapse of ten (10) da)j from the date of Co 'ission acticn
regarding same, without the Mayo exerc' ' eto.
ATTEST: 4d
alt , . aernan, City Clerk
WALTER J. FOEMAN
CITY CLERK
CORRECTNESS:/
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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