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HomeMy WebLinkAboutR-14-0450City of Miami Legislation Resolution: R-14-0450 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 14-00608 Final Action Date: 11/20/2014 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE CITY MANAGER'S RECOMMENDATION TO APPROVE THE FINDINGS OF THE SELECTION COMMITTEE, THAT GLASS HOUSE COCONUT GROVE, LLC ("PROPOSER") IS THE TOP RANKED PROPOSER FOR REQUEST FOR PROPOSALS NO. 12-13-067, PERTAINING TO THE LEASE OF CITY -OWNED PROPERTY FOR GARDEN STYLE CAFE/RESTAURANT USES, LOCATED AT 2820 MCFARLANE ROAD, MIAMI, FLORIDA; AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A LEASE ("LEASE"), IN SUBSTANTIALLY THE ATTACHED FORM, FOR AN INITIAL TERM OF TWENTY FIVE (25) YEARS, WITH TWO (2) ADDITIONAL FIVE (5) YEAR RENEWALS, AND PAYMENT OF A MINIMUM MONTHLY BASE RENT OF $8,333.33, PLUS PERCENTAGE RENT OF GROSS REVENUES OF A MINIMUM OF 7.5% OVER A $1,333,333.33 ANNUAL BREAKPOINT, AND TO EXECUTE SUCH OTHER DOCUMENTS AS MAY BE NECESSARY TO PERFORM THE TRANSACTION IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT, WHICH NON -MATERIAL TERMS MAY BE AMENDED BY THE CITY MANAGER AS MAY BE NECESSARY IN ORDER TO MEET THE BEST INTERESTS OF THE CITY OF MIAMI, WITH TERMS AND CONDITIONS MORE PARTICULARLY DESCRIBED IN THE LEASE; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A PATIO PERMIT AGREEMENT ("PERMIT AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, SUBJECT TO THE REVIEW AND APPROVAL OF THE CITY ATTORNEY, TO USE THE COVERED SIDE TERRACES WITHIN THE PREMISES IN CONSIDERATION OF A USE FEE IN THE AMOUNT OF $17.50 PER SQUARE FOOT, WITH TERMS AND CONDITIONS MORE PARTICULARLY DESCRIBED IN SAID PERMIT AGREEMENT. WHEREAS, the City of Miami ("City") owns the property located at 2820 McFarlane Road, Miami, Florida ("Property/Premises"); and WHEREAS, the City is in the process of re -platting the Property to further the use and development, for activities which will benefit the general health, safety, welfare, recreation, and well being of the community; and WHEREAS, the City issued Request for Proposals No. 12-13-067 ("RFP") to solicit potential proposers interested in developing the lease area through an integrated package of services, consisting of renovation/construction, build -out, leasing, management, and operation; and WHEREAS, the RFP contemplated, among other matters, that the Licensee would be permitted to use up to 4,000 square feet of exterior space, inclusive of the covered side terraces within the Premises, through a Permit Agreement with the City in consideration of a use fee in the amount of $17.50 per square foot; and City of Miami Page 1 of 3 File Id: 14-00608 (Version: 2) Printed On: 1/18/2018 File Number: 14-00608 Enactment Number: R-14-0450 WHEREAS, three (3) proposals were received and deemed responsive in accordance with the terms and conditions of the RFP; and WHEREAS, the City Manager appointed a Selection Committee ("Committee") consisting of three (3) members, comprised of one (1) professional City staff member plus two (2) representatives from the private sector, to evaluate proposals received in response to the RFP; and WHEREAS, the Committee met on July 7, 2014, to hear oral presentations of the three (3) proposals; and WHEREAS, the Committee met again on July 8, 2014, to evaluate the criteria and scoring values assigned, and to determine a rank order based on the score achieved, in order to render a written Memorandum for Recommendation ("Recommendation") for final selection of the City Manager; and WHEREAS, the City Manager approves the Recommendation of the Committee; and WHEREAS, the City Manager has transmitted to the City Commission his recommendation; and WHEREAS, the above actions and procedures have been performed in accordance with applicable provisions of the Code of the City of Miami, Florida, as amended ("City Code"), City Charter ("Charter"), and RFP provisions; 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's recommendation to approve the Recommendation of the Committee is accepted. Section 3. The City Manager is hereby authorized{1} and directed to execute a lease ("Lease") with Glass House Coconut Grove, LLC ("Proposer"), who will become the Lessee following execution of the Lease, in substantially the attached form, subject to the review and approval of the City Attorney as to legal form. The City Manager is additionally authorized to amend non -material (i.e. not substantial) terms of the Lease, as the Manager may find necessary, in order to meet the best interests of the City, in accordance with applicable provisions of the City Code, Charter, and RFP provisions. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{2} City of Miami Page 2 of 3 File Id: 14-00608 (Version: 2) Printed On: 1/18/2018 File Number: 14-00608 Enactment Number: R-14-0450 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 (10) 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 3 of 3 File Id: 14-00608 (Version: 2) Printed On: 1/18/2018