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HomeMy WebLinkAboutR-21-0442City of Miami Resolution R-21-0442 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 10947 Final Action Date: 10/28/2021 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO PROVIDE CONSENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO THE ASSIGNMENT AND ASSUMPTION OF THAT CERTAIN LEASE AND AGREEMENT FOR DEVELOPMENT DATED AS OF SEPTEMBER 13, 1979 (AS AMENDED, SUPPLEMENTED, AND ASSIGNED, "LEASE") BETWEEN THE CITY OF MIAMI AND HYATT EQUITIES L.L.C. ("TENANT") TO HRM OWNER, LLC, ("ASSIGNEE"); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO CONSENT TO THE ASSIGNMENT AND ASSUMPTION OF THE LEASE FROM TENANT TO ASSIGNEE. WHEREAS, the City of Miami ("City") owns the real property located generally at 400 Southeast 2nd Avenue, Miami, Florida 33131 ("Property"); and WHEREAS, Hyatt Equities, L.L.C. ("Tenant") leases from the City a portion of the Property wherein the Tenant currently operates the Hyatt Regency Hotel pursuant to a Lease and Agreement for Development dated as of September 13, 1979 (as amended, supplemented, and assigned, "Lease"); and WHEREAS, in anticipation of pursuing a redevelopment or significant renovation of the facilities, the Tenant desires to assign its interest in the Lease to a new entity, HRM Owner LLC ("Assignee"); and WHEREAS, the Assignee will be a joint venture with fifty percent (50%) ownership by a subsidiary of Hyatt Hotels Corporation and fifty percent (50%) ownership by a subsidiary of KA Platform Holdco, LLC ("Gencom"), as more particularly depicted in the Proposed Organizational Chart dated August 2, 2021, attached and incorporated as Exhibit "A"; and WHEREAS, the joint venture between the Tenant and Gencom is more particularly described in the Summary of Joint Venture Transaction dated September 14, 2021, attached and incorporated as Exhibit "B"; and WHEREAS, the Lease shall not be altered as to its terms, conditions, or obligations and shall remain in full force and effect with a subsidiary of Hyatt Corporation, as affiliate of the Tenant, continuing to operate the hotel and facilities as a Hyatt Regency Hotel; and WHEREAS, the Tenant requires the City's consent to the assignment of the Lease; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: City of Miami Page 1 of 2 File ID: 10947 (Revision:) Printed On: 6/3/2025 File ID: 10947 Enactment Number: R-21-0442 Section 1. The recitals and findings contained in the preamble to this Resolution are hereby adopted by reference hereto and incorporated herein as if fully set forth in this Section. Section 2. The City Manager is hereby authorized1 to provide consent, in a form acceptable to the City Attorney, to the assignment and assumption of the Lease from the Tenant to the Assignee. Section 3. The City Manager is further authorized' to negotiate and execute any and all necessary documents, including amendments and modifications, all in forms acceptable to the City Attorney, as may be necessary to effectuate the consent to the assignment and assumption of the Lease from the Tenant to the Assignee. Section 4. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: ndez, City Httor 10/19/2021 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 City of Miami Page 2 of 2 File ID: 10947 (Revision:) Printed on: 6/3/2025