HomeMy WebLinkAboutR-96-0846J-96-1348
1 1 /21 /96
RESOLUTION N09 6 ~ S 4 6
A RESOLUTION GRANTING TO TONY MOLINA, INC., A
WAIVER FOR A THREE YEAR PERIOD, RETROACTIVELY
EFFECTIVE TO OCTOBER 30, 1994, OF THE REQUIREMENT
FOR AN INCREASE IN THE MINIMUM RENT TO OPERATE A
RESTAURANT AT THE MIAMI SPRINGS GOLF COURSE, AS
PROVIDED IN PARAGRAPH 4 OF THE LEASE AGREEMENT
BETWEEN THE CITY OF MIAMI AND TONY MOLINA, INC.,
DATED SEPTEMBER 29, 1997, AS AMENDED, THEREBY
MAINTAINING THE MINIMUM ANNUAL RENT AT $20,000 OR
12% OF GROSS RECEIPTS, WHICHEVER IS GREATER.
WHEREAS, the City of Miami (City) and Tony Molina, Inc., current assignee
(Lessee), entered into an agreement on September 29, 1997, granting Tony Molina, Inc.,
the right to operate a restaurant at the Miami Springs Golf Course, located at 650 Curtiss
Parkway, Miami Springs, Florida; and
WHEREAS, on January 8, 1987, the parties executed an amendment to the lease
which provided, in part, for an increase in the minimum rent on each five year anniversary
of the lease; and
WHEREAS, the current use of the facility cannot support an increase in rent;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
i
MIAMI, FLORIDA:
x
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.
CITY COMMISSION I
MEETING OF
ti
NOV 2 1 1996
Resolution No.
C,-m 846
[i
Section 2. The provisions in Paragraph 4 of the lease between the City of Miami
and Tony Molina, Inc., current assignee, dated September 29, 1977, as amended, which
provided for an increase in the minimum rent for the operation of a restaurant at the Miami
Springs Golf Course, Miami, Florida, on each five year anniversary of the lease by no less
than:
(1) 20% of the minimum rent of the preceding five years, or
(2) an amount equal to the percentage increase in the Consumer Price
Index for Urban Wage Earners and Clerical Workers - US City
Average;
is hereby waived for a period of three (3) years retroactive to October, 1994, thereby
maintaining the minimum annual rent at $20,000 or 12% of gross receipts, whichever is
greater.
Section 3. This Resolution shall become effective immediately upon its adoption.
PASSED AND ADOPTED this 21 st day of November, 1996.
(I � 'e'
E CARIOLLO, MAYOR
ATTEST:
l
0
WALTER J. 'FA671WA
CITY CLERK
PREPARED BY:
ED D RODRIGU4Z,D0R
AS ET tA2NAGEMENT
2-
9G� 846
PREPARED AND APPROVED BY:
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LI�U
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
A. 0 1 J S, III
CITY ATT EY
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