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HomeMy WebLinkAboutR-96-0334r J-96-683 5/23/96 RESOLUTION NO. 9 6- 334 A RESOLUTION AUTHORIZING BAYSIDE SEAFOOD RESTAURANT, INC., TO REPAIR THE RESTAURANT WHICH IT OCCUPIES AND OPERATES ON A MONTH TO MONTH BASIS AND THE PUBLIC BATHROOMS ADJACENT THERETO, SITUATED ON CITY OWNED PROPERTY LOCATED AT 3501 R.ICKENBACKER CAUSEWAY, MIAMI, FLORIDA (THE PROPERTY) AT A COST NOT TO EXCEED $25,000 FOR THE RESTAURANT REPAIRS AND $10,000 FOR THE BATHROOM REPAIRS; FURTHER AUTHORIZING THE CITY MANAGER TO CREDIT BAYSIDE SEAFOOD RESTAURANT, INC., UP TO $35,000 IN THE FORM OF A MONTHLY RENT CREDIT DURING A PERIOD OF TWELVE (12) MONTHS FOR COSTS INCURRED IN CONNECTION WITH SUCH REPAIRS; DIRECTING THE CITY MANAGER TO PROVIDE FOR THE REPAYMENT OF ANY UNAMORTIZED BALANCE OF THE CREDIT REMAINING AT THE TIME A NEW TENANT OCCUPIES THE PROPERTY. WHEREAS, Bayside Seafood Restaurant, Inc. occupies and operates a restaurant, on a month -to -month basis on city owned property located at 3501 Rickenbacker Causeway, Miami, Florida (the Property); and WHEREAS, the City intends to solicit proposals for the I development, leasing and management of the Property; and i WHEREAS, the public bidding process is anticipated to take approximately twelve months; and WHEREAS, due to the deteriorating condition of the physical facilities of the Property the restaurant and the public bathroom adjacent thereto are in need of repair at this time; and CITY COMMISSION MEETING OF MAY 3 © 1996 Aecolution No. 96-- 334 WHEREAS, Bayside Seafood Restaurant, Inc., at its sole cost and expense is willing to undertake such repairs. 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 is fully set forth in this Section. Section 2. Bayside Seafood Restaurant, Inc., (the Tenant) is hereby authorized to undertake, at its sole cost and expense, repairs to the facilities located on the city owned property at 3501 Rickenbacker Causeway, Miami, Florida and at a cost not to exceed $25,000, for repairs to the restaurant and $10,000, for repairs to the public bathrooms adjacent thereto. Section 3. The City Manager is hereby authorized to credit the Tenant up to $35, 000 (the Tenant Credit) in the form of a monthly rent credit during a period of twelve (12) months for costs incurred by the Tenant in connection with such repairs. Section 4. The City Manager is hereby directed to provide in the documents to be issued inviting proposals for the development, leasing and management of the Property that the selected proposer shall be responsible for the repayment to the Tenant of the unamortized balance of the Tenant Credit if any - 2 - 96- 334 I amount is remaining at the termination of the Tenant's occupancy of the Property. Section 5. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 23rd day of Ma , 1996. iS�PPHEN P. CLERK, MAYOR ATTE T; i WALTER F CITY CLERK PREPARED AND APPROVED BY: --------------- APPROVED AS TO FORM AND CORRECTNESS; JULIE 0. BR A. Q I q'O ES, III ASSISTANT CITY ATTORNEY CITY ATTO Y W1016:kd:csk:JOB Mr. Cesar H. Odio, Manager Page 2 One other matter that needs to be resolved is the maintenance and upkeep of the public washrooms. These facilities are for the convenience and use by the Marine Stadium Marina customers and staff, the Jet Ski rental customers and employees, the general public and BSR patrons. Out of necessity BSR has maintained and provided repairs to these public facilities without any compensation. BSR is prepared to continue to provide this service albeit on a more equitable basis for sharing the expenses. This amount is approximately $50.00 daily including supplies and labor. Periodic repairs are not included in this is figure, such as plumbing services to clean drain pipes, replacement of broken fixtures, painting, etc. The present situation is critical in that so many physical aspects of the restaurant are in immediate need of repair and replacement of operating equipment, etc. In order to provide these minimal basic needs of this established full service outlet (13 years under present ownership) it will be necessary to make these repairs if only to be able to operate as a viable enterprise. More importantly this will enable BSR to continue serving the boating community, the omnipresent visitor market and the general public. We appreciate your kind consideration in these matters and remain, Respectfully yours, Rolf Gersjtner Claude La Roche cc: Eduardo Rodriguez` m Seafood Restaurant Inc. Personal and Confidential Mr. Cesar H. Odic, Manager CITY OF MIAMI 3500 Pan American Drive Miami, Florida 33133 Dear Sir: By the present we the undersigned respectfully request a hearing before the City Commission at your most convenient and earliest date. Specifically we will solicit approval to proceed with repairs to the physical condition of Bayside Seafood Restaurant (BSR) and replacement of certain non -working equipment to continue operating as a full service restaurant. In the event the month to month revocable permit, between the city and BSR, is terminated in favor of some other food service operator, BSR would be fully compensated by the successor operator for the cost of the repairs referred to above. Under the present revocable permit between the city and BSR, commencing December 1st, 1994, BSR is required to pay two (2) monthly rental payments to the city for the same facilities. This apparently was erroneously included in the permit, most probably a typographical error, which has only come to light within the past few months. Based on other City lease agreements and permits the fee clause should have included a minimum payment or and not plus a percentage of gross sales, whichever is the greater of the two, as defined in the permit. In fact the monthly report document supplied by the City, which is submitted to the Finance Department, clearly states that the rental/fee is based on a minimum or a percentage. (see copy enclosed). At the time of signing the permit document this item was overlooked by BSR in anticipation to providing a continuity of service with the least amount of disruption to its patrons. With all deference for this oversight BSR respectfully suggests a revision of this fee clause to read as follows: "A monthly fee of two thousand five hundred dollars ( $2, 500 ) or 7 0 of its monthly gross proceeds whichever is greater". 3501 Rickenbacker Causeway, Miami, Florida 33149, Telephone (305) 361.0808 36- 334 L' Y op fi4V t, Q q�FCO.f PROPERTY AND LEASE MANAGER R E N T A L MONTHLY REPORT i i NAME Bayside Seafood Restaurant Attn: Mr. Rolf Gerstner l ! LOCATION 3501 Rickenbacker Causeway Miami. Fl _ 331G9 i FOR TIIE MONTH OF lgg MINIMUM MONTHLY GUARANTEE OR % PERCENTAGE OF $ PERCENTAGE OF $ RENTAL PAYMENT DUE CITY $ PLUS 6.5% FLORIDA USE TAX $ TOTAL AMOUNT DUE CITY - SIGNATURE DATE REMARKS SUBSIDIARY 120 020'372 INDEX 035021 PROJECT 402004 The LESSEE shall: report all Gross Revenues of the preceding month on or before- the:.25th day of each month and payment fee shall be made. This return together with the proper remittance, is to be sent to the FINANCE DEPARTMENT/COLLECTION P.O. BOX 330708, Miami, F1. 33233-0708. Make check payable to the CITY OF MIAMI. DEPAR'rMENT OF FINANCE/Accounts Receivable/P.O.Box 330708/Miami, Florida 33233-0708 MEMBER GOVERNMENT FINANCE OFFICERS ASS'N OF THE UNITED STATES AND CANADA 3