HomeMy WebLinkAboutMaster ReportCity of Miami
Master Report
Enactment Number: R-07-0071
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 06-02267
Version: 1
File Type: Resolution Status: Passed
Reference: Controlling Body: Office of the City
Clerk
File Name: Amendment No.4 to Agmt. w/ New Spanish Concepts, LLC Introduced: 12/18/2006
Requester: Department of Public Facilities Cost: Final Action: 2/8/2007
Title: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING
THE CITY MANAGER TO EXECUTE AMENDMENT NO. 4 ("AGREEMENT") OF THE LEASE
AGREEMENT, AS ASSIGNED AND AMENDED, IN SUBSTANTIALLY THE ATTACHED FORM,
BETWEEN THE CITY OF MIAMI ("CITY") AND NEW SPANISH CONCEPTS, LLC, A LIMITED
LIABILITY COMPANY, FOR THE CITY -OWNED PROPERTY LOCATED AT 1000 SOUTH MIAMI
AVENUE, MIAMI, FLORIDA, TO PROVIDE FOR: 1) AN 18 MONTH DEFERMENT OF MINIMUM
ANNUAL RENT AND ANNUAL PERCENTAGE RENT (COLLECTIVELY THE "DEFERRED
RENT") DUE AND PAYABLE RETROACTIVE FROM JUNE 1, 2006 TO NOVEMBER 30, 2007; 2)
CALCULATION OF INTEREST ON THE DEFERRED RENT AT A RATE OF SEVEN PERCENT
(7%) PER ANNUM; 3) PAYMENT OF THE DEFERRED RENT INCLUSIVE OF INTEREST AND
TAXES ON OR BEFORE FEBRUARY 28, 2013, PROVIDED, HOWEVER, IF GROSS SALES FOR
THE CALENDAR YEAR OF JANUARY 1, 2012, AND ENDING DECEMBER 31, 2012, EXCEED
$3,500,000, SAID DEFERRED RENT INCLUDING INTEREST SHALL BECOME AN
ABATEMENT; (4) FAILURE TO PAY IN FULL THE DEFERRED RENT INCLUSIVE OF ANY
INTEREST DUE AND TAXES ON OR BEFORE FEBRUARY 28, 2013,SHALL RESULT IN A
DEFAULT OF THE LEASE AGREEMENT; (5) CLOSURE OF THE PREMISES FOR A PERIOD NOT
TO EXCEED SIX (6) MONTHS FROM THE DATE OF EXECUTION OF THIS AGREEMENT TO
PROVIDE FOR THE IMPLEMENTATION OF A NEW RESTAURANT CONCEPT; AND (6)
FUTURE TEMPORARY CLOSURES NECESSARY TO MAKE RENOVATIONS, IMPROVEMENTS
OR ALTERATIONS IN CONNECTION WITH ANY FUTURE CHANGE OF CONCEPT, WITH
ADDITIONAL TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN THE
AGREEMENT.
Sponsors:
Notes:
Indexes:
Attachments: 06-02267 Legislation.pdf,06-02267 Exhibit .pdf,06-02267 Summary Form.pdf,06-02267
Pre-Legislation.pdf,06-02267 Pre-Attachment.pdf,06-02267 Lease Agreement.pdf,06-02267
Pre -Attachment 2 .pdf,06-02267 Pre -Attachment 3 .pdf,06-02267 Pre -Attachment 4 .pdf,06-02267
Lease Rights .pdf,06-02267 Pre -Attachment 5 .pdf,
History of Legislative File
Version: Acting Body: Date: Action: Sent To: Due Date: Return Date: Result:
1 Office of the City 1/26/2007 Reviewed and
Attorney Approved
1 City Commission 2/8/2007 ADOPTED Pass
City of Miami Page 1 Printed on 3/15/2017
City of Miami
Master Report
Enactment Number: R-07-0071
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
1 Office of the Mayor 2/12/2007 Signed by the Mayor Office of the City
Clerk
1 Office of the City Clerk 2/13/2007 Signed and Attested
by City Clerk
City of Miami Page 2 Printed on 3/15/2017