HomeMy WebLinkAboutR-83-0541J - 8 3 - 5 0 6
rr RESOLUTION NO. N3-541
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO ENTER INTO A MEMORANDUM OF COOPERATION
WITH RESTAURANT ASSOCIATES INDUSTRIES,
INC. AND RESTAURANT ASSOCIATES INDUSTRIES
OF F!_ORIDAI INC. WITH RESPECT TO THE
GRANTING OF OPTIONS TO BE GIVEN BY SAID
FIRMS IN CONNECTION WITH THE PROPOSED
BAYSIDE PROJECT, IN ACCORDANCE WITH THE
ATrACHED MEMORANDUM OF THE CITY MANAGER
DATED JUNE 7, 1983.
HE IT RESOLVED BY THE COMMISSION 0F THE CITY OF MIAMI,
FLORIDA:
Section 1. The City Manager is hereby authorized to
enter into a Memorandum of Cooperation with Restaurant
Associates Industries, Inc. and Restaurant Associates
Industries of Florida, Inc. with respect to the granting of
options to be given by said firms in connection with the
proposed Bayside Project, in accordance with the attached
memorandum of the City Manager dated June 7, 1983.
PASSED AND ADOPTED this 15th day of June, 1983.
ATTEST:
TALPYH G. ONGIE, C TY CLUrK
APPROVED AS TO FORM AND CORRECTNESS:
/11kJOSE.
R. A A- E R A
CITY ATTORNEY
Maurice A. Ferre
MAURICE A. FE RE
M A Y 0 R
CITY COMMISSION
MEETING OF
SUN 15 1933
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i
1
le Mayor a
of the
Commission
Howard V. Ga
City Manager
_ F V IA.Ni1. ;'1C.A
DA T Er June 7, 1983 `IL=
'.:Ui3JECT Bayside Project
Memorandum of Cooperation
with Restaurant Associates
_- EFEPENCES:
EN--LOSUHFS.
On May 12, 1983 the City Commission authorized
to prepare a memorandum of cooperation between
and Restaurant Associates deleting two clauses
Associates as follows:
the City Manager
the City of Miami
desired by Restaurant
"The personal liability of Restaurant Associates
Industries, Inc. and Restaurant Associates
Industries of Florida, Inc. and of its obli-
gation to operate the business at the premises
demised under the lease with the City would be
eliminated.
The lease may be assigned or the premises subleased
to any designee of Restaurant Associates Industries,
Inc."
The purpose of the memorandum was to permit Bayside developers to ex-
ercise the option of a complete "buy out" of the Restaurant Associates
lease or development in the area controlled by Restaurant Associates
under an exclusivity clause. My negotiating team of David Weaver
and Assistant City Manager Jim Reid, conveyed this decision to
Restaurant Associates and have negotiated two substitute clauses
that I believe sufficiently protect the City's interest. The
substitute clauses read as follows:
1. "The obligation of Restaurant Associates Industries,
Inc. and Restaurant Associates Industries of Florida,
Inc. to operate at the demised premises is eliminated
and the personal liability of Restaurant Associates
Industries, Inc. and of Restaurant Associates Industries
of Florida, Inc. under the lease with the City would attach
only so long as Restaurant Associates Industries, Inc. and
Restaurant Associates Industries of Florida, Inc. is in
possession of and operating its business under such lease."
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83-541b
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Honorable Mayor and
Members of the
City Commission -2- June 7, 1983
2. The lease may be assigned or the premises subleased
to any designee of Restaurant Associates Industries,
Inc. upon the approval of the City Commission which
the City agrees shall not unreasonably be withheld
or unreasonably be delayed."
The first change retains the personal liability of Restaurant
Associates during the period that they occupy the Miamarina
facility. Since it would be beneficial to the ultimate develop-
ment and management of the entire Bayside area to have unified
management between the two facilities, this modified clause is
deemed acceptable.
Under the second clause, the City Commission would retain the
authority of assignment or subleasing, but make explicit the
test of reasonableness.
In summary, the Bayside project site would be enhanced by the
execution of a memorandum of cooperation between Restaurant
Associates and the City. Therefore, I request the City Commission
to approve the inclusion of these modified clauses in said memor-
andum.
For your information, the other clauses that you agreed to on
May 12, 1983 follow:
1. "The lease would be modified to have the City assume
responsibility for the landscaping and landcape
maintenance including the area immediately adjacent
to the restaurant building referred to in the lease.
- The Manager would permit that, in addition to a
portion of the premises being used as the Dockside
Terrace Restaurant, any portion of the rest of the pre-
mises may be used as a banquet facility only.
- The City will install a reasonable number of directional
signs to the Dockside Terrace and Reflections on the
Bay in the public right of way areas of Biscayne
Boulevard.
83-541!
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Honorable mayor and
Members of the
City Commission
-3- June 7, 1983
- The City would modify the request for proposals
to indicate the developer would include the
names of the food and beverage installations
in said premises in all printed materials,
media advertising and promotions done for the
Specialty Center on the same basis as any other
tenant in the Center, upon the payment of the fair
share of such advertising and promotion.
2. The City is authorized to grant to any developer submitting
a reply to the Bayside Request for Proposals an option (a)
to purchase the Restaurant Associates' lease for $2,650,000
cash within 6 months after the selection of the developer
by the City.
3. Finally, if the developer selected by the City does not
exercise the option to develop in the exclusive A-1 area
or "buy out" the Restaurant Associates' lease, the City
will pay Restaurant Associates $85,000 on or before
November 30, 1983 and $15,000 on or before November 30,
1984, as compensation for anticipated "business interrup-
tion" during construction of the Bayside project.
It is the City's intention to include in the RFP a require-
ment that the initial $100,000, if needed, will be repaid
to the City by the Bayside developer on or before November 30,
1984."
83-5 4 1