HomeMy WebLinkAboutPrevious LegislationsNO0-07-?005 16 : 09 CITY OF MIMI
P.02
J-01-972
10/25/01
RESOLUTION NO.
A RESOLUTION OF THE MIAMI CITY COMMISSION
AMENDING RESOLUTION NO. 01-996 WHICH
AUTHORIZED A GIANT OF RENT PAYMENT DEFERMENT
TO THOSE TOURISM RELATED BUSINESSES THAT
LEASE REAL PROPERTY FROM THE CITY OF MIAMI
AND HAVE BEEN SIGNIFICANTLY IMPACTED BY THE
LOSS IN TOURISM IN THE FALLOUT OF THE
SEPTEMBER 11, 2001 TERRORISM STRIKES,
THEREBY ALSO GRANTING DEFERMENTS FOR
PAYMENTS OF LICENSE E'EES AND MOORAGE AND
DOCKAGE FEES TO THOSE TOURISM RELATED
BUSINESSES THAT LEASE REAL PROPERTY FROM THE
CITY OF MIAMI.
BF IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 3.. Resolution No. 01-103e, adopted
September 25, 2001, is amended in the following particulars:1/
"RESOLUTION NO. 01-996
if
Words and/or figures stricken through shall be deleted.
Underscored words and/or figures shall be added. The remaining
provisions are now in effect and remain unchanged. Asterisks
indicate omitted and unchanged material.
CITY COMMi S1Ohi•
MEETING pr
OCT ? a 2001
Rey?.loon
\ r ,
rd0U-07-2005 16:09 CITY OF M I RM I
P.03
• 0
Section 2. The City Manager is authorised" to
grant a re-. payment deferments for rent payments,
license fees and moorag.e and dockage fees to those
businesses that lease real property from the City of
Miami and have been significantly impacted by the loss
in tourism in the fallout of the September 11, 2001
terrorism strikes.
Section 3. The herein authorized deferments
shall be effective for a period of ninety days, and
shall include rent payable, and license fees and
moorage and dockage fees due for the months of
October, November and December, with the deferred rent
and fees to be paid in nine equal monthly installments
commencing January 1, 2002.
Section 4. The City Manager is directed to
establish a policy to determine which businesses are
effected by the loss of tourism and the process to apply
for the such deferments.
v
The herein authorization la gurther subject to compliance with all
reyuiremente that may be unposed by thelCylACibutty
Code
Gr
Limited to thohe prescribed by app Y charter and
prov_eianh.
Section 2. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.a/
z/ If the Mayor does not sign this Resolution, it shall become
effective at the end of ten calendar days from the date it was
passed and adopted, If the Mayor vetoes this Resolution, it sal
become effective immediately upon override of the veto by the City
Commission.
Page 2 of 3 ;j J
h 0070?-2005 le: 09 CITY OF ri I Art I
P.04
•
PASSED AND ADOPTED this 25th day of October
ATTEST:
, 2001.
JOE CAROLLO, MAYOR
M1 ;,:� . ,.: , 1 �rl!:+� 1hr 14 yor. rIld not Ind crit.. rp;.)rnvr.i o�
rl r.�''+!�!1'L'��••'��i„ :'YI:11 'L�Ii„If'y .i •..i, • laf
:+ll,j:.r}',I i; in h••
with �I'!'. ..�:��...I 5J1 �t •I I �•i . 1 11 I. 1! •� 4:ir." 1:IIiJ J•^
fl ! III tif
ug:).0.;il1(j ;;,i10i V� i[hOui tho tVlavor
WALTER J. FOEMAN
CITY CLERK
AFPROV • S T FORM AND CORRECTNESS:
0 VILARELLO
ATTORNEY
791:BSS
Page 3 of 3
nan, ty Clefk
TOTAL P.04
J-91-755
9/23/91
RESOLUTION NO.
11 736
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING
THE CITY MANAGER TO EXECUTE A MANAGEMENT
AGREEMENT, IN, SUBSTANTIALLY THE ATTACHED
FORM, WITH LATIN AMERICAN GOURMET RESTAURANT,
INC. IN RESPONSE TO A REQUEST FOR PROPOSALS
FOR THE MANAGEMENT, OPERATION AND MAINTENANCE
OF THE PAUL WALKER PARK FOOD AND BEVERAGE
CONCESSION LOCATED AT 46 WEST FLAGLER STREET,
MIAMI, FLORIDA, FOR A PERIOD OF FIVE (5)
YEARS WITH AN OPTION TO RENEW FOR ONE
ADDITIONAL FIVE (5) YEAR PERIOD AT THE SOLE
DISCRETION OF THE CITY MANAGER FOR A
MANAGEMENT FEE OF $750.00 PER MONTH OR
FIFTEEN PERCENT (15%) OF MONTHLY GROSS
RECEIPTS, WHICHEVER IS GREATER.
WHEREAS, the City Commission at. its March 14, 1991 Meeting
adopted Resolution No. 91-213, which authorized the issuance of a
Request for Proposals (RFP) for a Management, Operation and
Maintenance Agreement of the Paul Walker Park Food and Beverage
Concession, located at 46 West Flagler Street, Miami, Florida,
J.
for an initial term of five (5) years with an option torenew for
a one five (5) year period at the sole discretion of the City
Manager; and
WHEREAS, a review panel composed of City of Miami staff
members rated Latin American Gourmet Restaurant, Inc.'S proposal
to be the most advantageous to the City according to selection
criteria; and
WHEREAS, on July 3, 1991, the City Manager approved
commencement of negotiations with the successful proposer and
negotiations have resulted in an agreement, substantially in the
form attached;
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
4 ((tt �" 6 4 t �w r ti i
P11 l `�� i��.t 1�i 1 0
C k''w�
CITY CC7=7:1710N
OF
OCT 3 1991
11 - 36
PUMP IIM Mo.
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The City Manager is hereby authorized to
enter into an agreement, in substantially the attached form,
subject to the City Attorney's approval as to form and
correctness, for the management, operation and maintenance of the
Paul Walker Park Food and Beverage Concession located at 46 West
Flagler Street, Miami, Florida, for an initial term of five years
with an option to renew for one additional five (5) year period
if, in the sole discretion of the City Manager, the operations
during the initial term have been satisfactory as regards
quality, service, prices, cleanliness and other considerations,
for a guaranteed minimum monthly payment of $750.00 or fifteen
percent (15%) of the monthly gross receipts, whichever is
greater.
Section 3. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 3rd day of October , 1991.
ATT
MATTY HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
IRMA M. ABELLA
ASSISTANT CITY ATTORNEY
eIAVIER L. SUP, '•EZ, MA OR
APPROVED AS TO FORM AND CORRECTNESS:
A. 4 U4//.//Z.-'
/J/50
ACTING CITORNEY
IMA/1b/gmb/M2487
-2-
!Al- 73C
J-00-346
4/13/00
RESOLUTION NO. () - 301
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY MANAGER TO EXECUTE
AMENDMENT NO, 7 TO THE MANAGEMENT AGREEMENT,
IN SUBSTANTIALLY TIDE ATTACHED FORM, AND
SUBJECT TO SATISFACTION OF CERTAIN
CONDITIONS, WITH LATIN AMERICAN GOURMET
RESTAURANT, INC. ("MANAGEMENT"), FOR THE
MANAGEMENT, OPERATION AND MAINTENANCE OF THE
CONCESSION AREA AT 46 'WEST FLAGLER STREET,
MIAMI, FLORIDA, TO PROVIDE FOR: 1) THE
REINSTATEMENT OF THE MANAGEMENT AGREEMENT,
DATED MAY 29, 1992, AS AMENDED, AS OF
APRIL 1, 2000; 2) THE ESTABLISHMENT OF A
CONSTRUCTION SCHEDULE FOR COMPLETION OF
CONSTRUCTION AND THE OPENING OF THE
CONCESSION AREA BY SEPTEMBER 30, 2000; 3) THE
OPENING OF THE CONCESSION AREA IN ACCORDANCE
WITH THE CONSTRUCTION SCHEDULE
NOTWITHSTANDING THE STATUS OF MANAGEMENT'S
REQUEST TO THE STATE OF FLORIDA FOR A WAIVER
OF THE REQUIREMENTS OF THE AMERICANS WITH
DISABILITIES ACT; 4) MANAGEMENT'S COMPLIANCE,
AT ITS SOLE COST AND EXPENSE, WITH THE
REQUIREMENTS OF THE AMERICANS WITH
DISABILITIES ACT OR ITS RECEIPT OF A WAIVER
BY SAID DATE; AND 5) MANAGEMENT'S EXECUTION
OF AMENDMENT NO. 7 WITHIN TEN (10) DAYS OF
RECEIPT OF SAID AMENDMENT FROM THE CITY.
WHEREAS, on May 29, 1992, a Management Agreement was
executed between the City of Miami and Latin American Gourmet
Restaurant, Inc., ("Management") tor the management, operation
and maintenance of the park concession area at Paul Walker Park;
and
CITY Comissioll
MEEfNG or
APR13 "''O
oTr 10 7
WHEREAS, pursuant to Resolution No. 98-434, adopted
April 28, 1998, the City Commission granted Management an
extension of time for opening the park concession area from
May 25, 1998 to November 25, 1998, and aleo required Management
to provide the City with a Letter of Credit in the amount of
$100,000, payable to the City of Miami in the event that
Management failed to complete the construction of the
improvements and open for business by November 25, 1998; and
WHEREAS, Management failed to open for business on or before
November 25, 1996; and
WHEREAS,. on December 2, .t”8, Lhv City colleatod fitno,000
under the Letter of Credit ("Collected Amount"); and
WHEREAS, pursuant to Resolution No. 98-1226, adopted
December 8, 1998, the City Commission authorized the City Manager
to execute Amendment No. 2 to the Management Agreement, which
provided: (1) for an extension of time for completing
construction of improvements and opening the concession area for
business from November 25, 1998 to April 1, 1999, (2) that if
Management completed the construction of improvements and opened
the concession area for business by April 1, 1999, Management
would be entitled to $80,000 of the Collected Amount, and'(3)
that if Management failed to complete the construction of
improvements and open the concession area for business by
April 1, 1999, the Agreement would automatically terminate
without any further action by the City; and
WHEREAS, Management failed to complete the construction of
the improvements by April 1, 1999; and
Page 2 of 7
00- 307
WHEREAS, in order to avoid additional delays in the
completion of the project, the City Manager executed Amendment
No. 3, which pursuant to Resolution No. 99-273, adopted April 27,
1999, provided for; 1) the reinstatement of the Management
Agreement, as amended, as of April 1, 1999; 2) an extension of
time for the opening of the concession area to June 30, 1999; 3)
the City's retention of the Collected Amount until the completion
of the construction; 4) Management's entitlement to $50,000 of
the Collected Amount in the event the concession area was open
for business on or before June 30, 1999, with the remaining
$50,000, plus all accrued interest, being retained by the City;
and 5) the City's retention of the Collected Amount and all
accrued interest in the event the construction was not completed
and the concession area was not opened for business on or before
June 30, 1999; and
WHEREAS, Management advised the City that it would not be
able to complete the construction of the improvements and open
the concession area for business by June 30, 1999; and
WHEREAS, pursuant to Resolution No. 99-460, adopted June 22,
2999, the City Commission authorized the City Manager to execute
Amendment No. 4 to the Management Agreement, which provided: (1)
for an extension of time for completing construction of
improvements and opening the concession area for business from
June 30, 1999 to July 31, 1999, (2) that if Management completed
the construction of improvements and opened the concession area
for business by July 31, 1999, Management would be entitled to
S40,000 of the Collected Amount, and (3) that if Management
Page 3 of 7
CO-30`{
failed to complete the construction of improvements and open the
concussion area for business by July 31, 1999, the Agreement
would automatically terminate without any further action by the
City; and
WHEREAS, Management advised the City that it would not be
able to open the concession area for business by July 31, 1999;
and
WHEREAS, pureuant to Resolution No. 99-S07, adopted
October 26, 1999, the City Commission ratified, approved and
confirmed the City Manager's execution of Amendment No. 5 to the
Management Agreement, which provided for: 1) the reinstatement of
the Management Agreement, as amended, as of August 1, 1999; 2) an
extension of time for opening the concession area, to March 31,
2000; 3) the City's retention of the Collected Amount until the
completion of the construction; 4) Management's entitlement to
$40,000 of the Collected Amount in the event the concession area
was opened for business on or before March 31, 2000, with the
remaining $60,000, plus all accrued interest, being deposited in
the City'a Unanticipated Revenue Account; and 5) the City's
retention of the Collected Amount and all accrued interest in the
event the construction was not completed and the concession area
was not opened for business on or before March 31, 2000; and
WHEREAS, pursuant to Resolution No, 99-832, adopted
October 26, 1999, the City Commmiesion authorized the City Manager
to execute Amendment No. 6 to the Management Agreement, which
provided: 1) an abatement of the management Fee for the period
August 1, 1999 to June 30, 2000; 2) a decrease in the monthly
Page 4 of 7
00- 307
percentage payment of gross receipts for the Management Fee from
fifteen percent (la%) to t.en percent (10%); 3) an amendment to
the term of the Management Agreement from ten (10) years
beginning on November 30, 1995, to a period of ten (10) years
commencing on the date the concession opens for business (butnot
later than March 31, 2000); 4) for payment of $40,000 of the
Collected Amount to Management with the remaining $60,000 plus
accrued interest being retained by the City; 5) Management
releasing the City from any and all claims, suits, damages or
causes of action arising as the result of or relating to coats
incurred by Management during the construction period and until
the park concession area opens for business, subject to the City
Commission's review of the City Manager's written recommendation
prior to the execution of Amendment No. 6; and
WHEREAS, the work will not be completed by March 31, 2000,
and Management has requested another extension of time to
complete the construction and open the concession area for
business;
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 if fully set forth in this
Section.
00- 307
Page 5 of 7
Section 2. The City Manager is hereby authorizedl' to
execute Amendment No. 7 to the Management Agreement, ih
substantially the attached form, and subject to certain
conditions as set forth in Section 3 hereinbelow, to provide for:
1) the reinstatement of the Manage:,. =x,t. Agreement, as amended, as
of April 1, 2000; 2) the eetabliehmen' .1f a construction schedule
for completion of construction and the opening of the concession
area by September 30, 2000; 3) the opening of the concession area
by said date notwithstanding the status of Management's request
to the State of Florida for a waiver of the requirements of the
Americans with Disabilities Act; 4) Management's compliance, at
its sole cost and expense, with the requirements of the Americans
with Disabilities Act or its receipt of an official waiver by
said date; and 5) Management's execution of Amendment No. 7
within ten (10) days of receipt of said Amendment from the City.
Section 3, The herein authorization is subject to
satisfaction of the following conditions by the Management;
1. Within ten days of receipt of Amendment No. 7 from
the City, Management shall have provided the City
with an affidavit of ownership interests and such
other information regarding its ownership and
corporate structure as the City Manager may
request; and
2, The City Manager shall have determined that the
ownership of Management has sufficient experience
to operate the concession area and perform the
other obligations contained in the Agreement, ae
amended.
The herein authorization is further e subject
bt f Attorney, including ding nce with
all
not
requirements that may be imposed by tyA City Charterinand Code
limited to those prescribed by applicable
provisions.
0- 307
Page 6 of 7
Section 4. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.v
PASSED AND ADOPTED this J 3th day of peril
2000,
ATTEST:
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2.38, since the Mayor did not Indlost, r. ^hrnr'r, �t
provided' saltl Ik��l�lfltl4fl
this legislation by signing it in the designated place p data of lci i atic l action
becomes affective with the elapse of ten ('t f
segalding same. without the Mayor
WA TER J. FOEMAN
CITY CLERK
APPROVED
TO
14:LB:BSS
1/
the and of fait calendar days If the Mayan does not sign thifrom h e dae it was passed and adopted.
immediately upon override of the veto by h Y
Page 7 of 7
0 FORM
veto
p) d from
Adii
Pe if
iadAt
MirrOSI
CORRECTNESS
City Cry
Resolution,it shall become effective at
e
If the Mayor vetoes this Resolution, it
shell
become effective
00— 30e/
J-99-965
10/26/99
RESOLUTION NO.'J Ci a'
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY MANAGER TO EXECUTE
AMENDMENT NO. 6 TO THE MANAGEMENT AGREEMENT,
IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
WITH LATIN AMERICAN GOURMET RESTAURANT, INC.
("MANAGEMENT") FOR THE MANAGEMENT, OPERATION
AND MAINTENANCE OF THE CONCESSION AREA AT
PAUL WALKER PARK, LOCATED AT 46 WEST FLAGLER
STREET, MIAMI, FLORIDA, TO PROVIDE FOR: 1) AN
ABATEMENT OF THE MANAGEMENT FEE FOR THE
PERIOD OF AUGUST 1, 1999 TO ~TUNE 30, 2000; 2)
A DECREASE IN THE MONTHLY PERCENTAGE PAYMENT
OF GROSS RECEIPTS FOR THE MANAGEMENT FEE FROM
FIFTEEN PERCENT (15%) TO TEN PERCENT (10%);
3) AMENDING THE TERM OF THE MANAGEMENT
AGREEMENT FROM TEN (10) YEARS BEGINNING ON
NOVEMBER 30, 1995 (THE "EFFECTIVE DATE"), TO
A PERIOD OF TEN (10) YEARS COMMENCING ON THE
DATE THE CONCESSION OPENS FOR BUSINESS, WHICH
SHALL NOT BE LATER THAN MARCH 31, 2000; 4)
THE RETURN OF $40,000 TO MANAGEMENT OF THE
$100,000 PROCEEDS RECEIVED BY THE CITY FROM A
LETTER OF CREDIT PROVIDED BY MANAGEMENT TO
THE CITY, WITH THE REMAINING $60,000 PLUS
INTEREST TO BE RETAINED BY THE CITY, 5)
MANAGEMENT AGREEING TO RELEASE THE CITY FROM
ANY AND ALL CLAIMS, SUITS, DAMAGES OR CAUSES
OF ACTION ARISING AS A RESULT OF OR RELATING
TO COSTS INCURRED BY MANAGEMENT DURING THE
CONSTRUCTION PERIOD AND UNTIL THE PARK
CONCESSION AREA OPENS FOR BUSINESS, SUBJECT
TO THE CITY COMMISSION'S REVIEW OF THE CITY
MANAGER'S WRITTEN RECOMMENDATION PRIOR TO THE
EXECUTION OF AMENDMENT NO. 6.
WHEREAS, on May 29, 1992, a Management Agreement was
executed between the City of Miami and Latin American Gourmet
Restaurant., Inc., ("Management") for the management, operation
CITY COMMISSION
MEETING OF
O C T 2 6 1999
Resolution No.
(' q_
and maintenance of the park concession area at Paul Walker Park,
located at 46 West Flagler Street, Miami, Florida; and
WHEREAS, pursuant to Resolution No. 98-434, adopted
April 28, 1998, the City Commission granted Management an
extension of the previously set date for opening said park
concession area from May 25, 1998 to November 25, 1998, and also
required Management to provide the City with a Letter of Credit
in the amount of $100,000, payable to the City of Miami if
Management failed to complete the construction of the
improvements by November 25, 1998; and
WHEREAS, Management failed to open for business on or before
November 25, 1998; and
WHEREAS, on December 2, 1998 the City collected the amount
of $100,000 under the Letter of Credit ("Collected Amount"); and
WHEREAS, pursuant to Resolution No. 98-1226, adopted
December 8, 1998, the City Commission authorized the City Manager
to execute Amendment No. 2 to said Management Agreement, which
provided: (1) for an extension of the previously set date for
completing construction of improvements and opening the
concession area for business from November 25, 1998 to April 1,
1999, (2) that if Management completed the construction of
improvements and opened the concession area for business by
April 1, 1999, Management shall be entitled to a refund of
- 2 -
c;u- F„29
$80,000 of the Collected Amount, and (3) that if Management
failed to complete the construction of improvements and open the
concession area for business by April 1, 1999, the Agreement
would automatically terminate without any further action by the
City; and
WHEREAS, Management failed to complete the construction of
said improvements by April 1, 1999; and
WHEREAS, as of April 1, 1999, Management had been diligently
pursuing the completion of construction at the Property; and
WHEREAS, in order to avoid additional delays in the
completion of the project, the City Manager executed Amendment
No. 3, to said Management Agreement which, pursuant to Resolution
No, 99-273, adopted April 27, 1999, provided for: 1) the
reinstatement of the Management Agreement, dated May 29, 1992, as
amended; 2) an extension of time for the opening of said
concession area to June 30,, 1999; 3) the City's retention of the
Collected Amount until the completion of the construction; 4) the
Management's entitlement of up to $50,000 of the Collected Amount
in the event the concession area is open for business on or
before June 30, 1999, with the remaining $50,000, plus all
interest accrued, to be retained by the City; and 5) the City's
retention of the Collected Amount and all interest accrued in the
event the construction is not completed and the concession area
3
is not open for business on or before June 30, 1999; and
WHEREAS, Management advised the City that it would not be
able to complete the construction of the improvements and open
said concession area for business by June 30, 1999; and
WHEREAS, pursuant to Resolution No. 99-460, adopted June 22,
1999, the City Commission authorized the City Manager to execute
Amendment No. 4 to said Management Agreement, which provided: (1)
for an extension of the previously set date for completing
construction of improvements and opening the concession area for
business from June 30, 1999 to July 31, 1999, (2) that if
Management completed the construction of improvements and opened
the concession area for business by July 31, 1999, Management
shall be entitled to a refund of $40,000 of the Collected Amount,
and (3) that if Management failed to complete the construction of
improvements and open the concession area for business by
July 31,
1999, .the Agreement would automatically terminate
without any further action by the City; and
WHEREAS, Management advised the City that it would not be
able to open the concession area far business by July 31, 1999;
and
WHEREAS, pursuant to Resolution No. 99-807, adopted
October 26, 1999, the City Commission ratified, approved and
confirmed the City Manager's execution of Amendment No. 5 to the
- 4 -
Management Agreement with Management, which provided for: 1) the
reinstatement of the Management Agreement, dated May 29, 1992, as
of said
amended; 2)
an extension
of
time
for
the opening
concession area to March 31, 2000; 3) the City's retention of the
Collected Amount until the completion
of the construction; 4)
Management's entitlement to $40,000 of the Collected Amount in
the event the concession area is open for business on or before
March 31, 2000, with the remaining $60,000, plus all interest
accrued, to be deposited in the City's Non -Budgeted Revenues
Account; and 5) the City's retention of the Collected Amount and
all interest accrued in the event the construction is not
completed and the concession area is not open for business on or
before March 31, 2000; and
WHEREAS, the City and Management agree that Management has
incurred substantial and unforeseen construction costs towards
the completion of opening the concession for business; and
WHEREAS, the City Commission deems it in the best interest
to amend the Management Agreement further as provided herein;
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
- 5 -
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The City Manager is hereby authorized-' to
execute Amendment No. 6 to the Management Agreement, in a form
acceptable to the City Attorney, with Latin American Gourmet
Restaurant, Inc. ("Management") for the management, operation and
maintenance of the park concession area at Paul Walker Park,
located at 46 West Flagler Street, Miami, Florida, to provide
for: 1) an abatement of the Management Fee for the period of
August 1, 1999 to June 30, 2000; 2) a decrease in the monthly
percentage payment of gross receipts for the Management Fee from
fifteen percent (15%) to ten percent (10%); 3) amending the term
of the Management Agreement from ten (10) years beginning on
November 30, 1995 (the "Effective Date"), to a period of ten (10)
years commencing on the date the concession opens for business,
which shall not be later than March 31, 2000; 4) the return of
$40,000 to Management of the $100,000 proceeds received by the
City from a Letter of Credit provided by Management to the City,
with the remaining $60,000 plus interest to be retained by the
City; 5) Management agreeing to release the City from any and all
claims, suits, damages or causes of action arising as the result
of or relating to costs incurred by Management during the
construction period and until the park concession area opens for
The herein authorization is further subject to compliance with all
requirements that may be imposed by the City Attorney, including but not
limited to those prescribed by applicable City Charter and Code
provisions.
- 6 -
I
"-It
C7 �
business, subject to the City Commission's review of the City
Manager's written recommendation prior to the execution of
Amendment No. 6.
Section 3.
This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.?
PASSED AND ADOPTED this 26th
ATTEST:
day of October
, 1999.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2-36, since the Mayer did not inficete ap,pret, —' of
this legislation by signing it in the designates pace provided, said
b comes effective with the elapse of ten (10) days fromthe d_;tE u? Ccrnr ::;sc:
regarding same, without the Mayor exercising A/o.
WALTER J. FOEMAN
CITY CLE
APP
EY
3929:ET:BSS
CORRECTNESS
Walt = J. -ice City Cierk
If the Mayor does not sign this Resolution, it shall become effective at
the end of ten calendar days from the date it was passed and adopted.
If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
- 7 --
J-99-786
9/15/99
RESOLUTION NO.1.) 9 S 0 7
A RESOLUTION OF THE MIAMI CITY COMMISSION
RATIFYING, APPROVING AND CONFIRMING THE CITY
MANAGER'S ACTION IN EXECUTING AMENDMENT NO. 5
TO THE MANAGEMENT AGREEMENT, IN SUBSTANTIALLY
THE ATTACHED FORM, WITH LATIN AMERICAN
GOURMET RESTAURANT, INC. ("MANAGEMENT") WHICH
PROVIDED FOR: 1) THE REINSTATEMENT OF THE
MANAGEMENT AGREEMENT, DATED MAY 29, 1992, AS
AMENDED (THE "AMENDED .AGREEMENT"); 2) AN
EXTENSION OF TIME FOR THE OPENING OF THE
CONCESSION AREA AT PAUL WALKER PARK, LOCATED
AT 46 WEST FLAGLER STREET, TO MARCH 31, 2000;
3) THE CITY'S RETENTION OF THE $100,000
PROCEEDS RECEIVED UNDER THE LETTER OF CREDIT
ON DECEMBER 2, 1998 UNTIL THE COMPLETION OF
THE CONSTRUCTION OF THE CONCESSION AREA; 4)
THE RETURN OF $40,000 TO MANAGEMENT, WITH THE
REMAINING $60,000 PLUS INTEREST TO BE
RETAINED BY THE CITY, IN THE EVENT THE
CONCESSION AREA IS OPEN FOR BUSINESS ON OR
BEFORE MARCH 31, 2000; 5) THE CITY'S
RETENTION OF THE ENTIRE $100,000 AND ALL
INTEREST ACCRUED IN THE EVENT THE
CONSTRUCTION IS NOT COMPLETED AND THE
CONCESSION AREA IS NOT OPEN FOR BUSINESS ON
OR BEFORE MARCH 31, 2000.
WHEREAS, on May 29, 1992, a Management Agreement was
executed between the City of Miami and Latin American Gourmet
Restaurant, Inc., ("Management") for the management, operation
and maintenance of the park concession area at Paul Wacker Park;
and
WHEREAS, pursuant to Resolution 98-434, adopted
April 28, 1998, the City Commission granted Management an
11 tter-�1
17ti i f�i. � fab bike 4.f.
i
CITY COMMISSION
METING OF
prr 2 6 1g99
en'' r{1'..,
1 ei1e4za
kdQoluLion No,
99- 807
extension of the previously set date for opening the park
concession area from May 25, 1998 to November 25, 1998, and also
required Management to provide the City a Letter of Credit in the
amount of $100,000, payable to the City of Miami if Management
failed to complete the construction of the improvements by
November 25, 1998; and
WHEREAS, Management failed to open for business on or before
November 25, 1998; and
WHEREAS, on December 2, 1998 the City collected the amount
of $100,000 under the Letter of Credit ("Collected Amount"); and
WHEREAS, pursuant to Resolution 98-1226, adopted
December 8, 1998, the City Commission authorized the City Manager
to execute Amendment No. 2 to the Management Agreement, which
provided: (1) for an extension of the previously set date for
completing construction of improvements and opening the
concession area for business from November 25, 1998 to
April 1, 1999, (2) that if Management completed the construction
of improvements and opened the concession area for business by
April 1, 1999, Management shall be entitled to a refund of
$80,000 of the Collected Amount, and (3) that if Management
failed to complete the construction of improvements and open the
concession area for business by April 1, 1999, the Agreement
- 2 -
would automatically terminate without any further action by the
City; and
WHEREAS, Management failed to complete the construction of
the improvements by April 1, 1999; and
WHEREAS, as of April 1, 1999, Management had been diligently
pursuing the completion of construction at the Property; and
WHEREAS, in order to avoid additional delays in the
completion of the project, the City Manager executed Amendment
No. 3, which pursuant to Resolution 99-273, adopted
April 27, 1999, provided for 1) the reinstatement of the
Management Agreement, dated May 29, 1992, as amended; 2) an
extension of time for the opening of the concession area at Paul
Walker Park, located at 46 West Flagler Street, to June 30, 1999;
3) the City's retention of the Collected Amount until the
completion of the construction; 4) the Management's entitlement
of up to $50,000 of the Collected Amount in the event the
concession area is open for business on or before June 30, 1999,
with the remaining $50,000, plus all interest accrued, to be
retained by the City; and 5) the City's retention of the
Collected Amount and all interest accrued in the event the
construction is not completed and the concession area is not open
for business on or before June 30, 1999; and
WHEREAS, Management advised the City that it would not be
able to complete the construction of the improvements and open
- 3 -
99- SO7
the concession area for business by June 30, 1999; and
WHEREAS, pursuant to Resolution 99-460, adopted
June 22, 1999, the City Commission authorized the City Manager to
execute Amendment No. 4 to the Management Agreement, which
provided: (1) for an extension of the previously set date for
completing construction of improvements and opening the
concession area for business from June 30, 1999 to July 31, 1999,
(2) that if Management completed the construction of improvements
and opened the concession area for business by July 31, 1999,
Management shall be entitled to a refund of $40,000 of the
Collected Amount, and (3) that if Management failed to complete
the construction of improvements and open the concession area for
business by July 31, 1999, the Agreement would automatically
terminate without any further action by the City; and
WHEREAS, additional unforeseen work is required for
Management to fully open the concession for business; and
WHEREAS, the City and Management both agree that an
extension in the opening for business is in the Parties best
interest; and
WHEREAS, the City Commission deems it in the best interest
to reinstate the Amended Agreement with Management as provided
herein;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
- 4 -
89- 0'7
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 if fully set forth in this
Section.
Section 2. The City Manager's execution of
Amendment No. 5 to Management Agreement with Management, in
substantially the attached form, providing for: 1) the
reinstatement of the Management Agreement, dated May 29, 1992, as
amended; 2) an
extension of time
concession area at Paul Walker Park,
Street, to March 31, 2000; 3) the
for the opening
located at 46 W.
City's retention
of the
Flagler
of the
Collected Amount until the completion of the construction; 4) the
Management's entitlement of $40,000 of the Collected Amount in
the event the concession area is open for business on or before
March 31, 2000, with the remaining $60,000, plus all interest
accrued, to be deposited in the City's Unanticipated Revenue
Account; and 5) the City's retention of the Collected Amount and
all interest accrued in the event the construction is not
completed and the concession area is not open for business on or
- 5 -
before March 31, 2000, is hereby ratified, approved and
confirmed.
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.'-/
PASSED AND ADOPTED this 26th day of October , 1999.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approval o
this legislation by signing it in the deslgna`.cd place e-c„i '' ' i ry r ' .`ov•
becomes effective with the elapse of ton (10) tays f»m t,..
regarding same, without the Mayor ex cisin as v
ATTEST:
WALTER FOEMAN
CITY CLERK
APPR
AND • s; LARELLO
ATTORNEY
W3755:RCL:hdb
1/
Walt:,g?.c. - , City Clerk
D CORRECTNESS ,/
If the Mayor does not sign this Resolution, it shall become effective at
the end of ten calendar days from the date it was passed and adopted.
If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
6
qc_ krir%
TEL: Jan 29'01 12:46 No.001 P.02
J-99-570
6/22/99
RESOLUTION NO. 9 9 460
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY MANAGER TO EXECUTE
AMENDMENT NO. 4 TO THE MANAGEMENT AGREEMENT,
IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
WITH LATIN AMERICAN GOURMET RESTAURANT, INC.
("MANAGEMENT") TO PROVIDE FOR: (1) AN
EXTENSION OF TIME FOR THE COMPLETION OF
IMPROVEMENTS AND THE OPENING OF THE
CONCESSION AREA FOR BUSINESS AT PAUL WALKER
PARK, LOCATED AT 46 WEST FLAGLER STREET,
MIAMI, FLORIDA, TO JULY 31, 1999; (2) THE
CITY'S RETENTION OF THE $100,000 PROCEEDS
RECEIVED UNDER THE LETTER OF CREDIT ON
DECEMBER 2, 1998, UNTIL THE COMPLETION OF THE
CONSTRUCTION OF IMPROVEMENTS AND THE ISSUANCE
OF A CERTIFICATE OP OCCUPANCY; (3) IN THE
EVENT THE CONSTRUCTION OF IMPROVEMENTS IS
COMPLETED AND THE CONCESSION AREA IS OPENED
FOR BUSINESS ON OR BEFORE JULY 31, 1999,
$40,000 WILL BE RETURNED TO MANAGEMENT, WITH
THE REMAINING $60,000 PLUS INTEREST TO BE
DEPOSITED IN THE CITY'S UNANTICIPATED REVENUE
ACCOUNT; AND (4) IN THE EVENT THE
CONSTRUCTION OF IMPROVEMENTS IS NOT COMPLETED
AND THE CONCESSION AREA IS NOT OPENED FOR
BUSINESS ON CR BEFORE JULY 31, 1999, THE CITY
SHALL RETAIN THE ENTIRE $100,000 AND ALL
INTEREST ACCRUED.
WHEREAS, on May 29, 1992, a Management Agreement was
executed between the City of Miami and Latin American Gourmet
Restaurant, Inc., ("Management.") for the management, operation
and maintenance of the park concession area at Paul Walker Park,
CITY common
1001711,0 Or
JUN 2 2 139
Ramolut /4
99- 460
TEL: Jan 29'01 12:47 No.001 P.03
located at 46 West F1agler Street, Miami, Florida; and
WHEREAS, purauant to Resolution No. 98-434, adopted
April 28, 1998, the City Commission granted Management an
extension of the previously set date for completion of
improvements and the opening of the concession area for business
from May 25, 1998 to November 25, 1998, and also required
Management to provide the City with a Letter of Credit, payable
to the City of Miami, in the amount of $100,000, if Management
failed to complete the construction of improvements and open the
concession area for business by November 25, 1998; and
WHEREAS, Management failed to complete construction of
improvements and open the concession area for business on or
before November 25, 1998; and
WHEREAS, on December 2, 1998, the City collected the amount
of $100,000 under the Letter of Credit ("Collected Amount"); and
WHEREAS, pursuant to Resolution No. 98-1226, adopted
December 8, 1998, the City Commission authorized the City Manager
to execute Amendment No. 2 to the Management Agreement, which
provided: (1) for an extension of the previously set date for.
completing construction of improvements and opening the
concession area for business from November 25, 1998 to April 1,
1999, (2) that if Management completed the construction of
improvements and opened the concession area for business by
April 1, 1999, Management shall be entitled to a refund of
$80,000 of the Collected Amount, and (3) that if Management
failed to complete the construction of improvements and open the
conceasion area for business by April 1, 1999, the Agreement
- 2 -
99- 460
TEL: Jan 29'01 12:47 N0.001 P,04
would automatically terminate without any further action by the
City; and
WHEREAS, Management failed to complete the construction of
improvements and open the concession area for buein,se by
April 1, 1999; and
WHEREAS, as of April 1, 1999, Management had been diligently
pursuing the completion of construction at the Property; and
WHEREAS, in order to avoid additional delays in the
completion of the project, the City Manager executed Amendment
No. 3, which, pursuant to Resolution No. 99-273, adopted
April 27, 1999, provided for: (1) the reinstatement of the
Management Agreement, dated May 29, 1992, as amended, (2) an
extension of time for the opening of the concession area to
June 30, 1999, (3) the City's retention
until the completion of the construction
of the Collected Amount
of improvements andthe
issuance of a certificate of occupancy, (4) the Managements
entitlement of up to $50,000 of the Collected Amount in the event
the concession area is opened for business on or before June 30,
1999, with the remaining $50,000, plus all interest accrued, to
be retained by the City; and (5) the City's retention of the
Collected Amount and all interest accrued in the event the
construction is not completed and the concession area is not
opened for business on or before June 30, 1999; and
WHEREAS, Management has advised the City that it will not be
able to complete the construction of improvements and open the
concession, area for business by June 30, 1999, and is requesting
- 3
99- 460
TEL: Jai 29'01 12:48 No.001 P.05
said deadline be extended; and
WHEREAS, the City Commission deems it in the beat interest
to further amend said Management Agreement as provided herein;
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 if fully set forth in this
Section.
Section 2. The City Manager is hereby authorizedv to
execute Amendment No. 4 to the Management Agreement, in a form
acceptable to the City Attorney, with Latin American Gourmet
Restaurant, Inc. ("Management"), providing for: (1) an extension
of time for the completion of improvements and the opening of the
concession area for business at Paul Walker Park, located at
46 West Flagler Street, Miami, Florida, to July 31, 1999; (2) the
City's retention of the $100,000 proceeds received under the
Letter of Credit on December 2, 1998 (the "Collected Amount"),
including all interest earned thereon, until the completion of•
the construction of improvements and the issuance of a
certificate of occupancy; (3) in the event the construction of
improvements is completed and the concession area is opened for
business on or before July 31, 1999, $40,000 will be returned to
Management, with the remaining $60,000 plus all interest accrued
The herein authorization is further subject to compliance with all
requirement■ that may be imposed by the City Attorney, including but not
limited to those prescribed by applicable City Charter and Code
provisions.
- 4 -
9 9 - 460
TEL: Jan 29' 01 12 :48 No .001 P.06
of the Collected Amount, to be deposited in the City's
Unanticipated Revenue Account; and (4) in the event the
construction of improvements is not completed and the concession
area is not opened for business on or before July 31, 1999, the
City shall retain the entire Collected Amount and all interest
accrued.
Section 3. This Resolution shall become affective.
immediately upon its adoption and signature of the Mayor,V
PASSED AND ADOPTED this 22 d day of June , 1999.
ATTEST:
JOE CAROLLO, MAYOR
in accordance wit^'.;. --- • -''r'`' Sec. 2.36, Mince Cie Msnor did nnt indicate rp;:crovel of
this legislation b ,'sianated pi a provided. said l pi let:er, rilltv
becdm effective will..,.. ...... . (10) days om the of Co) lesion action
regarding Same, without thi:viayor rxercis
,
Walter J, • • an, City Cleric
WALTER J. FOEMAN, CLERK
APPRO _ O .• CORRECTNESS:/
RO VI
ATTORNEY
572:IT:BSS
LLO
If the Mayor does not sign this Resolution, it shall become effective at
the end of tan calendar days from the date it was passed and adopted.
If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
5
99- 460
J-99-385
4/14/99
RESOLUTION NO. 99273
A RESOLUTION RATIFYING, APPROVING AND
CONFIRMING THE CITY MANAGER'S ACTION IN
EXECUTING AMENDMENT NO. 3 TO THE MANAGEMENT
AGREEMENT, IN THE ATTACHED FORM, WITH LATIN
AMERICAN GOURMET RESTAURANT, INC.
("MANAGEMENT") WHICH PROVIDED FOR: 1)
REINSTATEMENT OF THE MANAGEMENT AGREEMENT,
DATED MAY 29, 1992, AS AMENDED (THE "AMENDED
AGREEMENT"); 2) AN EXTENSION OF TIME FOR THE
OPENING OF THE CONCESSION AREA AT PAUL WALKER
PARK, LOCATED AT 46 W. FLAGLER STREET, TO
JUNE 30, 1999; 3) THE CITY RETAINING THE
$100,000 PROCEEDS RECEIVED UNDER THE LETTER
OF CREDIT ON DECEMBER 2, 1998 UNTIL THE
COMPLETION OF THE CONSTRUCTION OF THE
CONCESSION AREA; 4) IN THE EVENT THE
CONCESSION AREA IS OPEN FOR BUSINESS ON OR
BEFORE JUNE 30, 1999, $50,000 WILL BE
RETURNED TO MANAGEMENT; 5) IN THE EVENT THE
CONSTRUCTION IS NOT COMPLETED AND THE
CONCESSION AREA IS NOT OPEN FOR BUSINESS ON
OR BEFORE JUNE 30, 1999; THE CITY SHALL
RETAIN THE ENTIRE $100,000 AND ALL INTEREST
ACCRUED WITH THE REMAINING $50,000 PLUS
INTEREST TO BE DEPOSITED IN THE UNANTICIPATED
REVENUE ACCOUNT.
WHEREAS, on May 29, 1992, a Management Agreement was
executed between the City of Miami and Latin American Gourmet'
Restaurant, Inc., ("Managementt') for the management, operation
and maintenance of the park concession area at Paul Walker Park;
and
WHEREAS, pursuant to Resolution 98-434, adopted
ATTACHMENT
i
CITY COMMISSION
MEETING OF
APR 2 7 1999
lieoolution Nt .
99 - 273
April 28, 1998, the City Commission granted Management an
extension of the previously set date for opening the park
concession area from May 25, 1998 to November 25, 1998, and also
required Management to provide the City a Letter of Credit for
$100,000, payable to the City of Miami if Management fails to
complete construction of the improvements on or before
November 25, 1998; and
WHEREAS, Management failed to complete construction of these
improvements on or before November 25, 1998; and
WHEREAS, on December 2, 1998 the City collected the amount
of $100,000 under the letter of credit ("Collected Amount"); and
WHEREAS, pursuant to Resolution 98-1226, adopted December 8,
1998, the City Commission granted Management an extension of the
previously set date for opening the park concession area from
November 25, 1998 to April 1, 1999; and
WHEREAS, Amendment No. 2 to Management Agreement, dated
January 19, 1999 ("Amendment No. 2"), states that if Management
opened the concession area for business by April 1, 1999,
Management shall be entitled to a refund of up to $80,000 of the
Collected Amount; and
WHEREAS, Amendment No. 2 states that if Management fails to
open the concession area for business by April 1, 1999, the
Agreement shall automatically terminate without any further
2
99- 273
action by the City; and
WHEREAS, Management failed to open for business by April 1,
1999; and
WHEREAS, as of April 1, 1999, Management had been diligently
pursing the completion of construction at the Property; and
WHEREAS, in order to avoid additional delays in the
completion of the project, the City Manager executed
Amendment No. 3; and
WHEREAS, the City Commission deems it in the best interest
to ratify the action of the City Manager which reinstates and
amends the Agreement with Management as provided herein;
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 if fully set forth in this
Section.
Section 2. The City Manager's execution of Amendment
No. 3 to Management Agreement with Management, in the attached
form, providing for; 1) the reinstatement of the Management
Agreement, dated May 29, 1992, as amended; .2) an extension of
time for the opening of the concession area at Paul Walker Park,
- 3
(l n _ n+'77
located at 46 W. Flagler Street, to June 30, 1999; 3) the City's
retention of the Collected Amount until the completion of the
construction and the issuance of a certificate of occupancy; 4)
the Management's entitlement of up to $50,000 of the Collected
Amount in the event the concession area is open for business on
or before June 30, 1999, with the remaining $50,000, plus all
interest accrued, to be retained by the City; and 5) the City
retention of the Collected Amount and all interest accrued in the
event the construction is not completed and the concession area
is not open for business on or before June 30, 1999 is hereby
ratifiedl/, approved and confirmed.
Section 3. Any funds received as a result of this
agreement shall be deposited in the unanticipated revenue
account.
Section 4. This Resolution shall become effective
1/
The herein ratification is further subject to compliance with all
requirements that may be imposed by the City Attorney, including but not
limited to those prescribed by applicable City Charter and Code
provisions.
- 4
99- 273
immediately upon its adoption and signature of the Mayor.2'
PASSED AND ADOPTED this 27th day of April , 1999.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2-36, since the Mayor did not indict appfnv: i of
this legislation by signing it in the designated pace provided, s ;d leg s.E..tc:1 r.c ,
becomes effective with the elapse of ten (10) days trpfn the date of Ccmrr-s:cr, t..:;;c-
regarding same, without the Mayor xe isi
ATTEST:
WALTER J. FOEMAN
CITY CLERK
APPROVED' AS/TO FORM
ALEJANi3RO
.CTTYJ TTORNEY
1: RCL
0
CORRECTNESS
Wain, City Clerk
2/ If the Mayor does not sign this Resolution, it shall become effective at
the end of ten calendar days from the date it was passed and adopted.
If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
- 5 -
99- 2'73
„ A N-- 1 9-99 TI.JE 1 0: 26 F. 02
J-98-1235
12/8/98
RESOLUTION NO. 9 8 - 12 2 6
A RBSOLUTrON AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AMENDMENT TO THE MANAGEMENT
AGREEMENT, IN A PORM ACCEPTABLE TO THE CITY
ATTORNEY,: WITH LATIN AMERICAN GOURMET
RESTAURAN!', INC. ("LATIN AMERICAN”) , WHICH
SHALL PROVIDE; 1) FOR REINSTATEMENT 'OF THE
MANAGEMENT AGREEMENT, DATRD MAY 29, 1992, AS
AMENDED; ,2) FOR AN EXTENSION OP TIME POR THE
OPENING OF THE CONCESSION ARRA AT PAUL WALKER
PARK, LOCATED AT 46 WEST FLAC3LER STREET,
MIAMI, FLORIDA, FROM NOVEMBER 25, 1998 TO
APRIL 1, 1999; 3) FOR AN INCREASE IN THE
MINIMUM MONTHLY RENT PROM $750 .TO $1,500,
EFFECTIVE DECEMBER 1, 1998; 4) THAT THE CITY
SHALL RETAIN THE $100,000 PROCEEDS RECEIVED
UNDER THE LETTER OF CREDIT ON DECEMBER 2,
199E UNTIL THE COMPLETION OF TH8 CONSTRUCTION
OF THE CONCESSION ARRA; 5) THAT IN THE EVENT
THE CONCESSION AREA IS OPENED FOR BUSINESS ON
OR BEFORE APRIL 1, 1999, $60,000 SHALL BE
RETURNED TO LATIN AMERICAN, AND THE REMAINING
$20,000 PLUS INTEREST SHALL BR• DEPOSITED IN
THE CITY OF MIAMX' S NON -BUDGETED REVENUES
ACCOUNT; AND 6) THAT IN THE EVENT THE
CONSTRUCTION IS NOT COMPLETED AND THE
CONCESSION AREA IS NOT OPENED FOR BUSYNESS ON
OR BEFORE APRIL 1, 1999, THE CITY SHALL
RETAIN THE ENTIRE $100,000 AND ALL INTEREST
ACCRUED,
WHEREAS, on May 29, 1992, a Management Agreement was
executed between the City of Miami and Latin American Gourmet
Restaurant, Inc, ("Latin American"), for the management,
operation and maintenance of the park concession area at Paul
OM COMMUNION
10EITIr1O O!
DEC 0 8 1998
losohain
98-1226
-TAN- 1 9-99 TUE 1 0 : 27
Walker Park; and
WHEREAS, pursuant to Resolution No. 98-434, adopted
April 28, 1998, the City Commission granted Latin American an
extension of the previously set date for opening the park
concession area from May 25, 1998 to November 25, 1998, and also
required Latin American to provide the City a Letter of Credit in
the'amount of $100,000, payable to the City of Miami should Latin
American fail to complete the construction of the improvements by
November 25, 1998/ and
WHEREAS, Latin American failed to complete the construction
of the improvements by November 25, 1998, and in accordance with
the Letter of Credit, dated December 2, 1998, the City received a
cashiers check in the amount of $100,000; and
WHEREAS, the Amendment to the Management Agreement, dated
August 13, 1998, requireA that should Latin American Gourmet
Restaurant, Inc, teal to open the concession area for business by
November 25, 1998, the Agreement shall automatically terminate
without any further action by the City; and
WHEREAS, the City Commission deems it in the best interest
to reinstate and amend the Management Agreement with Latin
American as provided herein;
NOW, THEREFORE, BE IT RESOLVED BY THE COmmISSION OF THE CITY
- 2
98-1226
l A N- 1 9- 9 9 T U E 1 0: 2 0 (} , 0 4
OP MIAMI, PLORIDAr
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.
Section 2. The City Manager is hereby authorigedli to
execute an amendment to the Management Agreement with Latin
American Gourmet Restaurant, Inc. ("Latin American"), in a form
acceptable to the City Attorney, providing: I) for reinstatement
Of the Management Agreement, dated May 29, 1992, as amended; 2)
for an extension of time for the opening of the concession area
at Paul Walker Park, located at 46 West Plagler Street, Miami,
Florida, from November 25, 1998 to April 1, 1999; 3) for an
increase in the minimum monthly rent from $750 to "$1,500,
effective December 1, 1998; 4) that the City shall retain the
$100,000 proceeds received on December 2, 1998 under the Letter
of Credit, until the completion of the construction and the
issuance of a certificate of occupancy; 5) that in the event the
concession area is opened for business on or before April 1,
1999, $80,000 shall be returned to Latin American, and the
remaining $20,000, plus all interest accrued, shall be deposited
in the'City Of Miami's Non -Budgeted Revenues Account; and 6) that
in the event the construction is not completed and the concession
The herein authorisation is further iiubjeot to compliant• with all
requiramenta that may be imposed by the City Attorney, including but not
limited to those preacribed by applicable City Charter and Code
provielone,
3
98-1226
A N— 19--99 TIDE
I 0 : 2 e
P . O 5
cu rember , , 1990.
JOE CAROLLO, MAYOR
2.36, since the Mayor did not indicate approval o1
deeigneled place provided, sat! legiCation .1o1'f
ten (10) da from t •ate or Co , ;salon action
xercl f to.
area is not opened for business on or before April 1, 1999, the
City shall retain the entire $100,000 and all interest accrued.
Section 3. This Resolution eha11 become effective upon
its adoption and signature of the Mayor4/.
PASSED AND ADOPTED this _ 04 day of
In ac condanae with Miami Code Sec.
this legislation by signing It In the
becomes effective with the elapse of
regarding same, without the Mayor
ATTEST:
WAL R J. POSMAN
CITY CLERK
nan, City Clerk
1/
If the Mayor does not sign this Resolution, it shall become effective et
the end of ten calendar days from the date it ras passed and adopted.
If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
- 4 -
98 -122G
J-98-486
4/28/98
RESOLUTION NO. 98 - 434
A RESOLUTION AUTHORIZING AN EXTENSION OF
TIME TO LATIN AMERICAN GOURMET
RESTAURANT, INC., FOR THE OPENING OF THE
CONCESSION AREA AT PAUL WALKER PARK,
LOCATED AT 46 W. FLAGLER STREET, FROM MAY
25, 1998 TO NOVEMBER 25, 1998, PROVIDED THAT
AN INDEMNITY BOND OR LETTER OF CREDIT,
SATISFACTORY TO THE CITY ATTORNEY, IN THE
AMOUNT OF $100,000, IS PROVIDED TO THE CITY
ON OR BEFORE MAY 28, 1998, THE TERMS OF
WHICH WOULD GUARANTEE THE CITY'S ABILITY
TO COMPLETE THE CONSTRUCTION AND
ACQUISITION OF THE EQUIPMENT FOR THE
CONCESSION AREA; FURTHER AUTHORIZING THE
TERMINATION OF THE MANAGEMENT
AGREEMENT WITH LATIN AMERICAN GOURMET
RESTAURANT IF THE INDEMNITY BOND OR
LETTER OF CREDIT, AS SPECIFIED ABOVE, IS NOT
RECEIVED BY MAY 28, 1998.
WHEREAS, on May 29, 1992, a Management Agreement was executed
between the City of Miami and Latin American Gourmet Restaurant, Inc., for
the management, operation and maintenance of the park concession area at
Paul Walker Park; and
CITY COMMISSION
MEETING OF
APR 2 8 1998
Raso1utioa Na
98 - 434
WHEREAS, pursuant to Resolution No. 97-821, adopted November 26,
1997, the City Commission granted Latin American Gourmet Restaurant,
Inc. an extension of the previously set date for opening the park concession
area from June 1, 1997 to May 25, 1998, and also required Latin American
Gourmet Restaurant, Inc. to provide the City with an indemnity bond or
letter of credit, the terms of which would guarantee the City's ability to
complete the construction and acquisition of the equipment for the concession
area; and
WHEREAS, Latin American Gourmet Restaurant, Inc. requires
another six (6) month extension to open the park concession area, from May
25, 1998 to November 25, 1998; and
WHEREAS, the City Commission will grant Latin American Gourmet
Restaurant, Inc. the requested extension to open the park concession area,
from May 25, 1998 to November 25, 1998, contingent upon Latin American
Gourmet Restaurant, Inc. furnishing the City with an indemnity bond or
letter of credit, in the amount of $100,000, satisfactory to the City Attorney,
the terms of which would guarantee the City's ability to complete the
construction and acquisition of equipment for the concession area; and
WHEREAS, if said indemnity bond or letter of credit, is not furnished
to the City on or before May 28, 1998, the Management Agreement with
Latin American Gourmet Restaurant will automatically be terminated;
2
98- 434
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 if fully set forth in this Section.
Section 2. The City Commission hereby authorizes an extension of
time to Latin American Gourmet Restaurant, Inc. for the opening of the
park concession area at Paul Walker Park from May 25, 1998 to November
25, 1998, provided that Latin American Gourmet Restaurant, Inc. provides
the City with an indemnity bond or letter of credit, in the amount of
$100,000, satisfactory to the City Attorney, the terms of which would
guarantee the City's ability to complete the construction and acquisition of'
equipment for the concession area.
Section 3. The automatic termination of the Management
Agreement with Latin American Gourmet Restaurant, Inc. if said indemnity
bond or letter of credit is not furnished to the City on or before May 28, 1998,
is hereby authorized.
Section 4. This Resolution shall become effective immediately upon
its adoption.
3
08- 434
PASSED AND ADOPTED this 2 8 th _ day of April 1998
JOE CAROLLO, MAYOR
in accordance with Miami Code Sec. 2-36, since the Mayor did not indicate apprc vs_l of
this legislation by signing it In the designated place provided, said legi:.ict' r
becomes effective with the elapse of ten (10) day- from the date of Commisstn
regarding same, without the Mayor oxercisi eta.
ATTEST:
WALTER J. FOEMAN,
CITY CLERK
PREPARED AND APPROVED BY:
JULIE O. BRU
ASSISTANT CITY ATTORNEY
APPROVED AS /'r0� ORM AND
CORRECTNES
ALE VI !? L i L
CITY A ; ' NEY
W2526 SK:JOB
n, City Clerk
4
98- 434
A I�
- 3 0
-- 9 0. T,,It U 1 1:" 6
J-97-896
11/25/97
RESOLUTION NO. 9 7 ,- 821
A RESOLUTION AUTHORIZING THE CITY. MANAGER TO
ENTER . INTO AN AMENDMENT TO TRH MANAGEMENT
AGREEMENT BY AND 'BETWEEN THR .CITY 0p M1AMZ
AND THE LATIN AMERICAN GOURMET '. RESTAURANT'
INC, , POR THE MANAGEMENT, OPERATION AND
MAINTENANCE 0P THE. PAUL ;..WALKER p4 -?X
CONCUSSION AREA LOCATED AT 46 WHET PLAGLER
STREET, MIAKI , FLORIDA (THR .' nAREA") , POR
PURPOSES OF WXTENDING THE PREVIOUSLY SET.
DATE ':, FOR : OPENING THR PARK CONCgSSIQN
REQUIRINGA LETTER OP CREDIT OR PAYMENT AND
PERFORMANCE BONA IN THE AM0UrT OP $100,000
IN COMMOTION WITH THE CONSTRUCTION,' OP..
IMPROVEMENTS: AT THE ARRA; R#QOTRING' A
SECURITY:`DEPOSIT IN THE AMOUNT'$3,000, A
PROPERTY TAX PASS, THROUGH PROVXSIQN.
WHEREAS, con November 24, 1996, the City Commission adopted
)4$0lutipn No. 96-85.0, authorizing the City Manager to enter into.
'anamendment to the Management Agreement .dated May.. 2.9, 1992, by
1pnd between the City of Miami and Latin American Gourmet.
p,e. $taurant, Inc., for the management, operation and Maintenance'
t�f the Pao1 Walker Park.concession area 1ocalted at 46 West
p1*g1e,r .;St.reet,' Miami, Florida (the "Area"), 'subject to execution •
of said amendment to ' the agreement within thirty days of adopt,ion:,
said Reeb.ution, for purposes of
extending the previously set„'date for opening the
park concession area from December I,. 1996 to
June :1, 1997 j
THU 1 1 :
requiring. . Latin American Gourmet Re •t'aurant; Yrtc
to furnish a. letter of credit or payment' t" and
perfcnnance bond in the amdu it of . $225, 000 ire
.Ccnnectjon•.with the construction 'of certain]
• imProveriiente, to the Area
requir44 :Lett.. TetiCa.n Gourmet RenteVr'ant, Inc.
to'. furnia.h a security,• deposit' in ; the` amount 'of
$3,OOO
e4bing a' property tax pass through proyi ion;
providing,'for' an annual increase In the minimum
monthly payment to the City : irkthe amount 31' or
the' increase in the . Consumer Price' Index
(w.hiChever is greater)
WHEREAS, said amendment ; has not been entered into by the
;parties; and
WHEREAS, the partiee now : desire to enter into an amendmen
=providing
Mt nagernent
;Reaplut a�n
for substantially the same' rbdificattons. to thy.
•
Agreement as previously approved pursuant
96-850,.except as herein modified;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OP TB
MIAMI, FLORIDA:
IT RESOLVED" BY THE COMMISSION Oki.,THE CITY OP MIAM
• !FLORIDA::
Section 1. The city Manager' ie hereby
center.into an amendment to the Management Agreement dated May
�9g2, by :and between the. Caty of Miami .arid Latin American Gour'rtit'
estaur"ant, Inc. , for the management, o, eration and maintenance:
f the Paul Walker Park concession atea.located at 46
lagler Street, Miami, Plorida (the "Area") for purposes of:
extending the previously set date for opening the
park ` concession area from Jute ; 1, 1997 to May. 25,
1998i
requiring Latin American Gourmet Restaurant, Inc.;
,to furnish a payment and performance bond or
THU ], 1 : ' 1
letter.. of credit in the anipur t 'of $100, 000 in
connection with the constr action of certain"
ilnprovetnente to the Area;
requir ,ng Latin American c3outinet Restaurant, Inc
to furnish 'a security depOst: in the amount ' of
$3,000,
adding a property tax pass through. provision;
providing for an annual increase in the minimum
monthly payment to the City :',inthe amount 3V, or
the increase in the Coreumer` Price index
(whichever its greater) .
Section 2. This Resolution shall become
i immediately upon its adoption.
PASSED AND AAOPTEb this ?bth day of _Yr , 1997.
• .XAVI1 R SUARIp, 'MAYOR
In accordance with Miami Code Sec. 2.36, since the Mayor did not indicate epprflval 01
•
this leelelation by signing it inMe dealgnated place provided; said iegistatio i ` now
becomes effective with the elapse Of ten. (10) days from the date of CommtssIQri ecl'hon
WALTER J FOEMAN dame, without the Nayow exercIsI3 v o. ,
CITY CLERK { . �//%:�� .
PREPARH.13, AND APPROVED BY;
•
Ili O. BRIP
I Ms rstAtOren'Y AIVORNB'i
W2073/J0a3/kd
Walter J
APPROVED' 1S TO, FORM
CORREC IVMs :
I7 E C- 2 2- 9 7 M O N 1 5: 45
04
e requiring i•atin American Gourmet Restaurant,
to furnish a 'letter 'of credit "or payment and
performance bond in the amount pf ' $225., 400 in
connection: with the construction of certain
improveMents to the Area;
o requiring Latkn American Gourmet 'Restaurant, Inc,,
to .furnish a security deposit in the amount of
$3,000r'.:
o adding a property tax pass through provisi an;
o providing 'for an annual increase in the minimum
monthly payment to the City in,, the amount 3t::or
the increase, in the Consumer Price Index
.(whichever is greater).
WHEREAS, said amendment has not been'entered into by the
'Parties. t and
WHEREAS, the parties now desire to enter into .an amendment
providing for substantially the same modifications to the
ManageMent Agreement aa, previously approved pursuant to
kesolution 96--850, except as herein modified.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OP ; THE CITY
OF MIAMI,, FLORIDA:.
BE IT RESOLVED, B 'THE' COMMISSION OF THE CITY OF MIAMI,
BLORIOAv
Section 1. The City Manager. ia_ hereby authorized to
enter: into an amendment to the Management Agreement dated May 29,
1992,,'by and between the City of Miami and satin American Gourmet
Restaurant, , inc. , ,for the management, operation and maintenance
of ..the Paul Walker Park concession area. located ar : 46 West
'1a91er Street, Miami, Florida (the "Area") for purposes of:
oextending the previously set date for opening the
. park concession area from June 1, 1997 to May.25,
1998;
requirin+ 'Latin'American Gourmet Restaurant, Inc,,
to furnish a payment and performance bond or
97- 821
DEG - 2 2--- 9 '7 M 0 hl 1 S:- 6
P - 9
letter of credit in the amount of $i00,000 14
connection with the construction of certain
improvements to the Area;
o requiring' Latin American Gourmet Restaurant, Inc.,
to furnish a security deposit in the amount of
$3,000
a adding a property tax pass through provision;
o providing' for an annual increase in the minimum
monthly payment to the City in the amount 3% or
the increasein the Consumer Price Index
(whichever is'greater).
Section 2. This Resolution shall become effective
immediately upon.it,s adoption.
PASSED AND ADOPTED this Z6th day of N'ovembO__, 1997.
XAVIRR SUARRZ, MAYOR :,
ATTRST : In accordance with Miami Code Sac. 2-38, since the Mayor did not Indicate approval of
this legislation by signing it In the designated place provided, said legislation now
becomes effective with the elapse of ten (10) days from the date of Qommisslon action
RALTRR FpEMAN e. without the Mayor exerc!sing-a veto.
CITY C[,ERK 1 J
.PRRPARE❑AND APPROV D BY:
1n,IE 0....a -
ASSISTANT CITY ATTORNEY CI A ! • ' BY
142073/J013/kd
welter, a. • ema , City Geri(
APPROVED AS TO FORM AND
CORRECTNESS:
3
97— 821
GC T -
- 9 7
S U N 9 '. 9
P 0 2
J-96-1343
1I/21/96
RESOLUTION NO, 96
A RESOLUTION AUTHORIZING' THE CITY MANAGER TO
ENTER INTO AN AMENDMENT TO THE MANAGEMENT
AGREEMENT EY AND BETWEEN THE CITY OF MIAMI
AND THE LATIN AMERICAN GOURMET RESTAURANT
INC., FOR THE MANAGEMENT, OPERATION AND
MATN'I'ENAN !E Or THE PAUL, WALKER PARK
CONCESSION AREA LOCATED AT 46 : WEST PLAta�LE R
STREET, ?MIAMI,`.FLORIDA (THE ',AREA ) ' FOR
PURPOSES Or EXTENDING THE PREVIOUSLY SET
DATE FOR OPENING ;THE PARK: CONCESSION,
RENT RINC A LETTER OF CREDIT OR `PAYMENT AND
PERFORMANCE BOND , IN THE AMOUNT OP $ 2 2 5, 0 0 Q
IN CONNECTION WITH THE CONSTRUCTIOi 0F
IMPROVEMENTS, AT THE AREA, REQUIRING A
SBCURTTY DEP0 SIT' IN TUB AMOUNT $S 000, A
PROPERTY , TALC PASS THROUGH PROVISION, AND
INCREASE$ TO THE MINIMUM ANNUAL PAYMENT,
SUBJECT' TO RXSCUTION OP SAID AMENDMENT TO.
THE AGREEMENT WITHIN THIRTY DAYS . OF ADOPTION
OF THE HEREIN RESOLUTION,
PENDING
MIMES
$ IT RESOLVED BY THE COMMISSION OF THB CITY OP MI AM
FLORIDA,
SeOtion 1. The City Manager is hereby authorised to
entErint() an amendment to the Management. Agreement dated May 29,
1492, by and between the City of Miami and Latin American Gourmet
Restaurant, Inc., for the management, operation and maintenance
of the Paul Walker Park concession area located at 46 west
Flegler Street, Miami, Florida (the "Area"), subject to execution
of Baid amendment to`the agreement within'. thirty days of adoption
of the herein Resolution, for purposes of
extending the previously set 'date for Opening the
park concession area from December 1, 1996 to
June 1, 1997;
MrrrtNG OF
NOV 211996
Aimhalo!) Na'
g856
y 7 5 U M 9: + 0
•
requiring Latin American Gourmet Restaurant, Inc.,
to turnir>h' a letter of credit or': payment and
performance bond in the amount al;,$225,000 in
connection `;; with . the construction. Of certain
improvementa to the Area;
requiring satin American Gourmet Restaurant, Inc.,
to furnish a security deposit in the amount" of
'$3,000;
• adding a, property tax pass .through provision;
providing for an annual increase` in the minimum •
monthly payment . to tth.e . City in the amount ' ,3% or
the increese in the. Consumer Price Index
(whichever' . ie greater) . .
Sec,t;on 2, This Resolution. shal4 become, effective
Oiately upon its adoption.
PASSaD AND ADOPTED this
ATTEST!,
0470 a. ' POEMAN
CX ['St CLERIC
1�t
day Of NgvpnUer 1�95
JOS CARbL LO, •' MAYOR
,14,100,E15' ANb APPROVED BY; APPROVED AS. TO FORM AND
:CORRECTNESS;
ORU
ASSISTA1T, CITY ATTORNEY
Wi395 J613;BSS:kd
SICitt 11011 CS
J-93-179(a)
3/11/93
93- 184
RESOLUTION NO.
A RESOLUTION, WITH ATTACHMENT(S), AFFIRMING
THE DECISION OF THE ZONING BOARD TO GRANT A
SPECIAL EXCEPTION FROM ORDINANCE NO. 11000,
AS AMENDED, THE ZONING ORDINANCE OF THE CITY
OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401,
SCHEDULE OF DISTRICT REGULATIONS, PR PARKS,
RECREATION AND OPEN SPACE, CONDITIONAL
PRINCIPAL USES TO INCLUDE A RESTAURANT AND
MINIMAL RETAIL AND TO EXPAND THE EXISTING
ROOF AREA OVER THE PARS, FOR THE PROPERTY
LOCATED AT 46 WEST FLAGLER STREET, MIAMI,
FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN)
(THE "SITE"); ZONED PR PARKS, RECREATION AND
OPEN SPACE; SUBJECT TO ALL THE CONDITIONS
CONTAINED IN MIAMI ZONING BOARD RESOLUTION
NO. ZB-23-93, ATTACHED HERETO AS EXHIBIT "A";
FURTHER, SUBJECT TO THE FOLLOWING
REQUIREMENTS: (1) THAT THE PLANS ON FILE
SHALL BE MODIFIED AND APPROVED BY THE
DEPARTMENT OF PLANNING, BUILDING AND ZONING,
(2) THAT A DETAILED LANDSCAPE PLAN BE
SUBMITTED SUBJECT TO THE APPROVAL OF THE
DEPARTMENT OF PLANNING, BUILDING AND ZONING,
(3) THAT THE PASSPORT PHOTO OPERATION SHALL
HAVE NO SIGNAGE ON FLAGLER STREET NOR ON THE
PORTION OF THE SITE FACING FLAGLER STREET,
AND THERE SHALL BE NO DOOR, COUNTER OR OTHER
OPENING FROM THE PASSPORT PHOTO OPERATION
ONTO FLAGLER STREET, (4) THAT THERE SHALL BE
NO TRANSFER OF OWNERSHIP OR OF ANY STOCK
WITHIN THE MANAGEMENT COMPANY WITHOUT THE
PRIOR APPROVAL OF THE CITY COMMISSION, AND
(5) THAT THE PROJECT SHALL BE OPEN TO THE
PUBLIC ON OR BEFORE JANUARY 2, 1994; SAID
SPECIAL EXCEPTION HAVING A TIME LIMITATION OF
TWELVE MONTHS IN WHICH A BUILDING PERMIT MUST
BE OBTAINED.
WHEREAS, the Miami Zoning Board at its meeting of
February 22, 1993, Item No. 9, duly adopted Resolution
RECEIVED
APR 1`+�
WIAMACIPMRIOT
ATTACHMENTS)
CONTAINED
ITT CO/MISSION
MEETING OF
MAR 1 1 1993
9 311"'u i 4
No. ZB--23-93 by an 8 to 0 (8-0) vote, granting a Special
Exception, subjeot to the requirements set forth on Exhibit "A"
attached hereto and made of part hereof, and subjeot to
Commission approval, as hereinafter set forth; and
WHEREAS, zoning Ordinanoe No. 11000, as amended, the Zoning
Ordinance of the City of Miami, Florida, requires City Commission
approval of the special exception as hereinafter set forth; and
WHEREAS, the City Commission, after careful consideration of
this matter, deems it advisable and in the best interest of the
general welfare of the City of Miami and its inhabitants to
approve the Special Exception subjeot to all of the conditions
set forth in this Resolution and the attachments thereto, and to
affirm the deoision of the Zoning Board;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The reoitals and findings contained in the
Preamble to this Resolution are hereby adopted by referenoe
thereto and inoorporated herein as if fully set forth in this
Section.
Section 2. The decision of the Miami Zoning Board to
grant a Special Exception from Ordinance No. 11000, as amended,
the Zoning Ordinanoe of the City of Miami, Florida, Artiole 4,
Section 401, Schedule of Distriot Regulations, PR Parks,
Recreation and Open Spaoe, Conditional Principal Uses, to inolude
a restaurant and minimal retail and to expand the existing roof
area over the park, for the property located at 48 West Flagler
Street, Miami, Florida, legally desoribed as the West 35.67' of
93- 184
-2-
Lot 6, Block 123, A.L. Knowlton, Plat Book 8 at Page 41, Public
Records of Dade County, Florida, subject to all the conditions
contained in Miami Zoning Board Resolution No. ZB-23-93 attaohed
hereto as Exhibit "A", is hereby affirmed, subject to the
following additional conditions: (1) that the plans on file shall
be modified and approved by the Department of Planning, Building
and Zoning, (2) that a detailed landscape plan be submitted
subject to the approval of the Department of Planning, Building
and Zoning, (3) that the passport photo operation shall have no
signage on Flagler Street nor on the portion of the site faoing
Flagler Street, and there shall be no door, counter or other
opening from the passport photo operation onto Flagler Street,
(4) that there Shall be no transfer of ownership or of any stook
within the management company without the prior approval of the
City Commission, and (5) that the projeot shall be open to the
public on or before January 2, 1994, and the Speoial Exoeption is
hereby granted, subjeot further to a time limitation of twelve
months in which a building permit must be obtained.
Seotion 2. This Resolution shall become effective
immediately upon its adoption.
93- 184
-3-
PASSED AND ADOPTED this llth day of Mar'h, 1993.
MAT Y HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
G. MIRIAM MAER
CHIEF ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
A. N2�`J�• S. III
CITY ATTOgY
Or
GMM:osk: 470
VIER L. AU, 'MAYOR
-4-
93- 184
F7E W!---25-93 •
FR. I 1 1 'S3
P . 8 t
Mr. Osvaldo Moraf-Ribvaux
RasQlution and movad imp sdoptign.
offered tha following
OLi1S'I4N ��umti
AFTER CONSIDERING THE FACTORS SET FORTH
IN ORDINANCE NO. 11000, AS AMENDED, THE
ZONING BOARD GRANTED THE SPECIAL
EXCEPTION AS LISTED IN ORDINANCE NO.
i1000# AS MENDED, THE ZONING ORDINANCE
OF THE CITY OT MIAMI■ CDI$TRIE 4,
SECTION 401, SCHEDULE OF
CT
REGULATIONS, PR PARKS, RECREATION AND
OPEN $PACE, CONDITIONAL+ PRINCIPAL USES,
TO ALLOTHE ENLARGEMENT OF A
CONCESSIOWN AREA TO INCLUDE A RZSTAURANT
AND MINIMAL RETAIL AND TO EXPAND TN>
EXISTING ROOF AREA OVER THE PARK,
S UBJECT TO CITY COMMISSION APPROVAL FOR
THE PROPERTY LOCATED AT 46 WEST FLAOLER
STREET ALSO DESCRIBED AS WEST 35.67' OF
LOT 6, BLOCK 123, A. L. KNOWLTON 05-41)
PUBLIC RECORDS 01 DADE COUNTY (PRDC)•
THIS VARIANCE HAS A TIME LIMITATION 0!
TWELVE MONTHS IN WHICH A BUILDING
PERMIT MUST HE OBTAINED AND IS SUBJECT
TO THE CONDITIONS OF THE KEEP
PLANNING
DEPARTMENT AS FOLLOWSI 1)
MUCH OF THE SOUTHERN 1/3, AND THE
ENTIRE EASTERN EDGE, OF THE PARK AS
OPEN TO THE SKY AS POSSIBLE - THIS
COULD 8E ACCOMPLISHED BY THE USE OF THE
DEPICTED SKYLIGHTS AS WELL AS
COMPLETELY OPEN PANELS IN THE ROOF OVER
THE PLANTERS AND FOUNTAIN, THIS IS 80
THAT EVEN THOUGH THERE WILL SS
CONCESSIONS IN THE PARK, 1T WILL KEEP A
SENSE OT OPENING WHICH IS CONSISTENT
ISTTENT
WITH AN URBAN PARK; 2) ADO
TWICE THE AMOUNT or DEPICTED LANDSCAPE
MATERIAL TO THE EAST SIDE OF THE PARK;
AND 3) PANS MUST PROPOSED�CON CONCESSIONS SHOWLOCATIONS
AQ SCRIBED IN
THE ATTACHED LETTER - EXHIBIT I).
Upon being seconded by Sr. Ronald Fox th• notion
was pa.Eod and adopted by the following rote'
AILS' Ms. Notate' and aaaila
Moran-Rlbeaux, lox, Sorket
Bands, Lusoes and Alonso-Poch
MATES, None.
ASSIST' Mr. Muni* Milian and Manuel Alonso-Poch
Ma. rarnandesl Notion carrion a to 0.
Vsbroar! 12, 1P 3 Item !'
Seat,. Mord
93- 184
E)7:0- iiE+-9 3 FRI 1
P _ 0 a
May 7.'1992
Castr Od.o, City Manager
'
City of Miami
Miami, FL 13133
RECEIVED
1::2•t PMx$7
MA'r3Y Ni�A1
C11Y CLERK
CITY F WIAMI, FLA.
EXHIBIT
I
pear Mr. odic:
roval to
.ne pur nde ofd this ultter is to Walker Park request Latin Amerour ican Gourmet Foods,
being rendered at Pa
Zrc. through their concession at that site.
The concession agreement calls for the serving of foodsrt andfd drinks
at the site as well as other ancillary services.
As paancillary servicesand his ourintention to to the
tthe Paul operate aalker Perk
passport
in downtownnM Miammi, it
photograph service and shoe shine booths as part of the concession.
It is projected that the service will be implemented
along withimprovthe
food and drink service, as well as other phy
being undertaken by the management of Latin American Gourmet
Restaurants, Inc. ra
Please sign below indicating your approval to these services.
Inasmuch as Latin American Gourmet services swilla enhance the tCity,a
believes that said additional
portion of its monthly receipts.
Lazairo Alba,) President
Latin lAmerican Gourmet Restaurants, Inc.
p hereby a ova of the services to be rendered as part
of the co ssion agreement and described above.
cesar odic), City Manager
93- 184