HomeMy WebLinkAboutM-86-0740Ll
CITY Or MIAMI. FLOR10A
INTER -OFFICE MEMORANPUM "00
TO Mr. Cesar Odlo GATE. August 29, 1986 FILE!
City Manager
SUBJECT: CASINO ESPANOL
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FROM
Miller J. Dawkins PtrrEmr_Nccs:
Vice -Mayor
ENCLOSURES:
For some reason, the Casino Espanol agreement has not been executed.
I am attaching a copy of page four of agreement which Is vague and very
limiting. The highlighted paragraph's language permits an automatic
termination of lease without review by the City Commission.
For example, the property In question has a "parks and recreation" zoning
classification. The Casino Espanol will be required to obtain a variance
from the Zoning and Planning Review Board. Under the present language
of the agreement, the lease would be automatically terminated if the Zoning
and Planning Review Board were to deny the variance, and the Casino
Espanol would not have recourse to the City Commission.
The Intent of the City Commission was that If the Casino Espanol was unable
to obtain the necessary permits within 18 months, then the lease agreement
would be terminated. The language of the highlighted paragraph In page
four does not, I believe, accurately reflect the City Commission's Intent.
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Please schedule Casino Espanol as an agenda Item of the September - At
Commission meeting so that this matter can be discussed and resolved
once and for all.
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(1) Be first submitted to Property and Lease
Management, for presentation and review
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by all Departments and offices of the
CITY with jurisdiction, and
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(2) Be approved by the City Commission of
the City of Miami, and
(3) Be in compliance with all State, County
and City rules and regulations, and any
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other agency that may have jurisdiction
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in these matters.
LESSEE also hereby agrees to pay for and obtain all the
necessary and applicable permits in compliance with all State,
County and City laws, rules and regulations. In connection
therewith, LESSEE shall apply for all such permits within sixty
(60) days of the execution of this lease agreement; LESSEE shall
secure all such permits, including building permits, within six
(o) months of the last approval of any such permitting agency;
all such permits shall be secured within eighteen (18) months of
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the execution of this agreement. Failure to meet any of the
above time limits shall result in an automatic termination of
this agreement. Additionally, if any permitting agency denies a
permit or fails to grant an approval for any of the required
approvals before eighteen (18) months, such failure or denial
shall constitute an automatic termination of this lease. No .
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appeal of such denials will be initiated by LESSEE. Proof of
adequate financing for construction of improvements shall be
submitted and approved by the City Manager within eighteen (18)
months after execution of this Lease Agreement. Failureto
provide proof within eighteen (le) months from the date of
execution hereof to the satisfaction of the City Manager of
adequate financing, but in no event less than $200,000 being
available to the LESSEE for the construction of improvements*
shall cause this Lease Agreement to be automatically terminated.
LESSEE further hereby agrees that it shall construct,
improve and maintain roads of ingress and egress to the leased
area at its sole cost and under no circumstances shall such roads
encroach upon the Marine Stadium premises.
196-7401