HomeMy WebLinkAboutR-89-0508J-89-206
2/14/89
RESOLUTION NO. N06
s A RESOLUTION AUTHORIZING THE CITY
MANAGER TO EXTEND THE I14ITIAL 30-YEAR
PERIOD TERMINATION DATE, OF THE LEASE
AGREEMENT DATED FEBRUARY 13, 1970, WITH
BISCAYNE BAY RESTAURANT CORP., A/K/A
RUSTY PELICAN, FROM FEBRUARY 1, 2001, TO
OCTOBER 1, 2002.
WHEREAS, the City of Miami and Biscayne Bay Restaurant
Corp., A/K/A Rusty Pelican entered into a Lease Agreement dated
February 13, 1970 for an initial 20 year period; and
WHEREAS, by special election held on November 3, 1981, the
citizens of the City of Miami approved a modification to the
Rusty Pelican Lease Agreement thereby extending the term to a
total initial 30-year period; and
WHEREAS, the Rusty Pelican restaurant was consumed by fire
on November 14, 1985; and
WHEREAS, the restaurant opened for business twenty (20)
months after the fire; and
WHEREAS, the Rusty Pelican has requested an extension of
their leasehold interest for the time lost in rebuilding the
restaurant;
NOW,,THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section I. The City Manager is hereby authorized to extend
by twenty (20) months the termination date of the initial thirty-
year period, from February 1, 2001 to October 1, 2002, of the
Lease Agreement dated February 13, 1970 with Biscayne Bay
Restaurant Corp. A/K/A Rusty Pelican.
CITYCITy COMMISSION
MEETING OF
JUN 7 1889
Section 2. This Resolution shall become effective ==
immediately upon its adoption pursuant to law.
PASSED AND ADOPTED THIS 7th day of
CITY CLERK
PREPARED AND APPROVED BY:
ROBERT F. CLARK
CHIEF DEPUTY CITY ATTORNEY
APPROVED AS TO FORM AND
CORRECTNESS:
—JORPE Ly. FEIRNANDEZ
CIT'Y ATTOR EY
June
19896
r
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Honorable Mayor and Members
of the City Commission
FROM : Cesar H. Odlo
City Manager
RECOMMENDATION:
1
DATE : APR 2 r 19
89 FILE :
SUBJECT : Resolution Extending the
Rusty Pelican's Initial
30 Year Lease Termination
Date by 20 Months
REFERENCES:
ENCLOSURES: ( 1 )
It is respectfully recommended that the attached Resolution be
adopted extending the initial thirty-year period termination date
of the February 13, 1970 Lease Agreement, with Biscayne Bay
Restaurant Corp., A/K/A Rusty Pelican, from February 1, 2001, to
October 1, 2002.
BACKGROUND:
Property and Lease Management Division, General Services
Administration Department, has reviewed a request for an extension
of the Lease Agreement with Biscayne Bay Restaurant Corporation
based on the following:
On November 14, 1985, a fire consumed the Rusty Pelican Restaurant.
Pursuant to Section 19, Destruction, of the Lease Agreement with
Biscayne Bay Restaurant Corp., A K%, Rusty Pelican, dated February
13, 1970, on January 14, 1986, the City Manager granted a one year
extension beyond the allowed ninety (90) days to reconstruct the
restaurant. The restaurant reopened for business twenty (20)
months after the fire.
In the last full year of operation.before the fire, annual revenues
to the City amounted to $175,802. Since the restaurant reopened,
annual revenues have increased to $267,000. The Rusty Pelican has
made timely payments to the City in full. adherence to the Lease
Agreement. Additionally, the Rusty Pelican has been in full
compliance in all other areas of the Lease Agreement. The Rusty
Pelican is one of the oldest and most productive commercial tenants
of the City of Miami. Consequently, 'your approval of the Rusty
Pelican's request is hereby recommended.
The City Attorney's office considers this extension legally
permissible, based upon its receipt from the Rusty Pelican of -
proposed indemnification and covenant not to sue clauses, which are
in.a form acceptable to the City Attorney.
enc. Proposed Resolution