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HomeMy WebLinkAboutLegislationCity of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www,miamigov.cam File Number: 06-02287 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CONFIRMING, AND APPROVING THE TERM AND CONDITION CHANGE REQUESTED BY SARMIENTO ADVERTISING GROUP, LLC, FUEL MIAMI, LLC ("FUEL"), AND FUEL'S PARENT COMPANY, FUEL OUTDOOR HOLDINGS, LLC, TO AMEND THE ASSIGNMENT AND ASSUMPTION AGREEMENT ("AGREEMENT'), IN SUBSTANTIALLY THE ATTACHED FORM, PREVIOUSLY APPROVED BY THE CITY COMMISSION ON NOVEMBER 9, 2006, PURSUANT TO RESOLUTION NO. 06-0665, TO ACCEPT AN IRREVOCABLE LETTER OF CREDIT 1N THE AMOUNT OF $250,000, IN LIEU OF A $250,000, CONTINUING PAYMENT BOND. WHEREAS, on November 9, 2006, the City Commission adopted Resolution No. 06-0665, which authorized, approved, and consented to a written request from Sarmiento Advertising Group, LLC, ("Sarmiento"), to the City Manager requesting the required prior approval and consent of the City Commission of the sale and transfer of one hundred percent (100%) of Sarmiento's stock to FUEL Miami, LLC, a Delaware limited liability corporation ("FUEL"); and WHEREAS, Resolution No. 06-0665, also authorized the City Manager to negotiate an Assignment and Assumption Agreement ("Agreement") with Sarmiento, FUEL, and FUEL's parent company, FUEL Outdoor Holdings, LLC ("FUEL Outdoor") on the terms and conditions set forth therein which required a $250,000 continuing payment bond; and WHEREAS, Sarmiento, FUEL, and FUEL Outdoor have requested to offer a $250,000 irrevocable letter of credit in lieu of the continuing payment bond; and WHEREAS, the City Manager has reviewed their request and has found it acceptable and in the City's best interests to proceed with execution of the Agreement with said irrevocable letter of credit, subject to the the City Commission's consent and approval of such amendment of that term and condition of the Agreement; 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 adopted by reference and incorporated as if fully set forth in this Section. Section 2. The term and condition change requested by Sarmiento, Fuel, and Fuel Outdoor is consented to and approved to amend the Agreement, in substantially the attached form, previously approved by the City Commission on November 9, 2006, pursuant to Resolution No. 06-0665 to accept an irrevocable letter of credit in the amount of $250,000, in lieu of a $250,000 continuing payment bond. City of Miami Page 1 of 2 Printed On: 12/29/2006 File Number. 06-02287 Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor{1}. APPROV ! A TO FORM AAA -CORRECTNESS: JOR L 'ERNANDEZ CITY' TT RNEY Footnotes: {1} 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. City of Miami Page 2 of 2 Printed On: 12/29/2006