HomeMy WebLinkAboutLegislationCity of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 12-00471 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE
AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM,
BETWEEN THE CITY OF MIAMI ("CITY") AND CHLN, INC., A FOR PROFIT
'CORPORATION ("LICENSEE"), FOR THE USE OF CITY -OWNED REAL
PROPERTY AND IMPROVEMENTS CONTAINING 1.86 ACRES OF UPLAND
PROPERTY LOCATED AT 51 CHART HOUSE DRIVE, MIAMI, FLORIDA, FOR THE
PURPOSE OF OPERATING AN EXISTING WATERFRONT RESTAURANT WITH
THE LICENSEE TO PAY TO THE CITY THE GREATER OF A MINIMUM MONTHLY
USE FEE OF THREE THOUSAND DOLLARS ($3,000), PLUS STATE OF FLORIDA
USE TAX, IF APPLICABLE, OR THREE AND ONE-HALF PERCENT OF MONTHLY
GROSS SALES, WITH ADDITIONAL TERMS AND CONDITIONS AS MORE
PARTICULARLY SET FORTH IN THE AGREEMENT.
WHEREAS, the City of Miami, Florida ("City") owns certain property and the improvements
located at 51 Chart House Drive, Miami, Florida ("Property"); and
WHEREAS, in 1973, pursuant to Resolution No. 73-136, the City Commission awarded the bid
for the lease of a waterfront marine facility to Grove Key Marina, Inc.; and
WHEREAS, in 1976, pursuant to Resolution No. 76-307, the City Commission authorized and
directed the .City Manager to execute a lease agreement ("Lease") with Grove Key Marina, Inc.; and
WHEREAS, the Lease was entered into on April 1, 1976; and
WHEREAS, the Lease provided that Grove Key Marina, Inc. and the City negotiate for the
construction and operation of a restaurant facility on the leased premises, with the terms and
conditions relating to the restaurant to be determined by mutual agreement between the City and
Grove Key Marina, Inc. subject to approval by the City Commission; and
WHEREAS, pursuant to Motion No. 76-885, passed on October 14, 1976, the City Commission
approved, in concept, the size and type of restaurant to be built on the Property; and
WHEREAS, on January 31, 1977, an Addendum to the Lease was executed to add certain
terms and conditions, including but not limited to, establishing the rent structure for the restaurant
facility and the extension of the Lease term through June 30, 2009; and
WHEREAS, on July 7, 1982, the force majeure provision in the Lease was acknowledged,
extending the termination date for the Lease and sublease for the restaurant facility; and
WHEREAS, the Lease, as amended, and sublease will terminate on June 22, 2012; and
City of Miami Page 1 of 2 File Id: 12-00471 (Version: 1) Printed On: 4/27/2012
File Number: 12-00471
WHEREAS, the City has begun a competitive solicitation process for the use and occupancy of
the Leased premises; and
WHEREAS, the City and CHLN, Inc. (hereinafter referred to as the "Licensee"), desire to enter
into a Revocable License Agreement ("Agreement") to continue uninterrupted service to the patrons of
the waterfront restaurant and uninterrupted revenue to the City; and
WHEREAS, this Agreement permits only certain, enumerated, specific, listed permitted uses,
and does not permit anything further;
• 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 fully set forth in this Section.
Section 2. The. City Manager is authorized {1} to execute an Agreement, in substantially the
attached form, between the City and the Licensee, a for profit corporation, for the use of City -owned
real property and improvements on 1.86 acres of upland property located at 51 Chart House Drive,
Miami, Florida, for the purpose of operating an existing waterfront restaurant, commencing on the
effective date, with the Licensee to pay to the City the greater of a minimum monthly use fee of Three
Thousand Dollars ($3,000), plus State of Florida Use Tax, if applicable, or three and one-half percent
of monthly gross sales, with additional terms and conditions as more particularly set forth in the
Agreement.
Section 3. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor.{2}
APPROVED AS TO FORM AND CORRECTNESS
JULIE O. BRU
CITY ATTORNEY \
Footnotes:
{1} 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.
{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.
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