HomeMy WebLinkAboutPre-LegislationJF4-12-200T 10:3e From:CIT'i' r_LFR}',. 7)058591610 TD:325 416 2156 F.2'9
J-02-496
5/16/02
RESOLUTION NO,
02- t$A
A RESOLUTION OF THE MIAMI CITY 'COMMISSION,
WTTH ATTACHMENT (S) , APPR(.)VING AN AMENDMENT TO
THE LEASE AGREEMENT, DATED MARCH 3, 1998 (THE
"AGREEMENT") , WITH FIREHOUSE IV OF MIAMI, INC,
("TENANT") E'OR THE RESTAURANT AT CITY -OWNED
PROPERTY LOCATED AT 1000 SOUTH MIAMI AVENUE„
MIAMI, FLORIDA ("PROPERTY"), FOR THE PURPOSE
OF (A) INCORPORATING THE BUSINESS TERMS, AS
MORE SPECIFICALLY SET FORT}-( IN EXHIBIT 1
ATTACHED AND INCORPORATED, AND (8) AUTHORIZING
THE ASSIGNMENT OF THE AGREEMENT TO LARRY
HARRIS OR TO A NEW CORPORATE ENTITY OWNED AND
CONTROLLED PRIMARILY BY LARRY HARRIS;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
AMENDMENT, IN 11 FORM ACCEPTABLE TO THE CITY
ATTORNEY, UPON SATISFACTION OF THE COLLOWING
CONDITIONS: (1) TENANT SHALL NOT BE IN
DEFAULT OF. ITS AGREEMENT; (2) TENANT SHALL PAY
THE BALANCE OF THE OUTSTANDING RENT DEFERRED
AS A RESULT OF THE SEPTEMBER 11, 2001
TERRORISTS STRIKES; AND (3) TENANT SHALL PAY
THE OUTSTANDING BALANCE OF THE TRANSFER FEE
ASSOCIATED WITH A PREVIOUS TRANSFER.
WHEREAS, on March 8, 1998 a Lease Agreement was executed
between the City of Miami and firehouse IV of Miami:, Inc., for
the leasing,• management and Operation of • a zestaurant on
• City -owned property, located at 1000 South Miomi Avenue, Miami,
Florida, (the Agreement") for a term of fifteen yearn, with the
option to extend for two additional five-year perindS; and
CITY CONIVIISSION
MEETING or
Mh .Y 2 3 2002
Sio Iulial7 Isix0.
02- 582
.J I-12-2007 10:78 rrom:rITY CLERK
3ose5ele10 TV] : 3O5 116 215b f .3/9
WHEREAS, the business has been struggling over the last
three years and has been heavily impacted by cunstruction in the
area, as well as a lack of parking its the area; and
WHEREAS, Tenant has elected to sell its interest in the
Agreement; and
WHEREAS, 'Tenant has proposed tr.) the City an ,assignment of
the Agreement to Larry Harris, whom the City has found to be an
"Acceptable operator" as dettried in the Agreement, after
reviewing his qualifications and '.Financial strength; and
WHEREAS, as e condition to accepLing the Agreement, Mr.
Harris has requested certain amendments regarding the use and
rental provisions 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 thin Resolution are adopted by re.te.r.ence and
incorporated as if fully set forth in this Section.
Page 2 of 4
02- 582
.JRI-12-2OOT 10;39 From:CIT+' CLERK 3,058581518 To:305 •415 2155 P.4/9
Section 2. The City Manager is autharizedl' to execute
an amendment to the Lease Agreement, dated March 3, 1998 (Lire
"Agreement"), with Firehouse IV or Miami, Inc. ("Tenant") for the
restaurant at city -owned property located at 1000 South Miami
Avenue, Miami, Florida ("Property"), for the purpose of (a)
incorporating the business terms, as more specifically set forth
in Exhibit L attached and incorporated, and (b) authorizing the
assignment of the Agreement to Larry Harris or 1.o a new corporate
entity owned and controlled primarily by Larry Harris;
authorizing the city manager to execute the amendment, in a form
acceptable to the city attorney, upon satisfaction of the
following conditions: (1) tenant shall not be in default of its
agreement; (2) tenant shall pay the balance of the outstanding
rent deferred as a result of the September 11, 2001 terrorists
strikes; and (3) tenant shall pay the outstanding balance of the
transfer fee associated with a previous transfer.
Section 2. This Resolution shall become effeetive
immediately upon its. adoption and signature of the Mayor.'
The herein aut.horizat,ion re further suhject tcs compliance+ with all
royuirementa that may be impoLed by the City AtLurney, including but not
limited to those proc:ribed by applirahLe City Charter and Code
p.cu risicns.
If the Mayor does not: ;ign thin Resolut:ion, it shall be .orne effective at
the end of ter: calendar day9 from thn date. it. was pa:::;e t and adopted. If
the Mayor vetoes r.his fio:lolution, it shall tie..ceme effective immediately
upon override of the v6ro by the City Commiesior,,
Page 3 of 9
02- 582
.JAN- 12-2007 10: 3B Fr onn: CITY CLERK 3058581610
To:305 415 2156
PASSED AND ADOPTED this 23rd day ref May
PR SCILLA A. TIIOMPSO
CITY CLERK
APPRO
V ILARELT.,O
Y ATTORNEY
W6242:tr:h9
AND CORRECTNESS:ej
Page 4 of 1
MANUEL A. DIAZ,
2002.
02- 582