HomeMy WebLinkAboutMemorandumCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Victoria Mendez
DATE: January 26, 2023
RE: Authorizing Legal Action — City Commission Meeting — January 26, 2023
Directing the City Attorney to take to take any and all action(s) necessary,
in law or equity, against Virginia Key Outdoor Center, LLC regarding
monies Virginia Key Outdoor Center, LLC owes under the Lease
Agreement dated May 8, 2015, as amended.
File No.: 13253
The attached proposed Resolution seeks authorization to take any and all
action(s) necessary, in law or equity, against Virginia Key Outdoor Center, LLC
regarding monies Virginia Key Outdoor Center, LLC owes under the Lease Agreement
dated May 8, 2015, as amended.
Attachment(s)
cc: Art Noriega V, City Manager
Miriam Santana, Agenda Coordinator
VM/JTM
Attachment(s)
13253 Exhibit A
13253 Exhibit B
13253 Exhibit C
13253 Exhibit D
City of Miami
Legislation
Resolution
Enactment Number: R-23-0059
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 13253 Final Action Date:1/26/2023
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY ATTORNEY TO PROCEED WITH LEGAL ACTION, IF
NECESSARY, AGAINST VIRGINIA KEY OUTDOOR CENTER, LLC REGARDING THE
PROPERTY LOCATED AT 3801 RICKENBACKER CAUSEWAY, VIRGINIA KEY,
MIAMI, FLORIDA, TO COLLECT MONIES OWED PURSUANT TO THE LEASE
AGREEMENT DATED MAY 8, 2015, AS AMENDED.
WHEREAS, the City of Miami ("City") owns the property located at 3801 Rickenbacker
Causeway, Virginia Key, Miami, Florida ("Property"); and
WHEREAS, the City entered into a five (5) year lease agreement, attached and
incorporated as Exhibit "A," regarding the Property with Virginia Key Outdoor Center, LLC
("VKOC") dated May 8, 2015, and an amendment thereto, attached and incorporated as Exhibit
"B," dated October 20, 2015 (collectively, "Lease"); and
WHEREAS, VKOC occupied the Property in a Holdover Period pursuant to Section 20.1
of the Lease until approximately September 13, 2022; and
WHEREAS, VKOC owes the City funds, including past due rent, in an exact amount the
City cannot yet determine due to VKOC's failure to provide financial documentation required by
the Lease; and
WHEREAS, on August 14, 2022, the City delivered a Notice of Lease Termination and
Demand for Past Due Rent, attached and incorporated as Exhibit "C," to VKOC; and
WHEREAS, on August 30, 2022, the City delivered an Additional Notice of Lease
Default and Demand for Payment, attached and incorporated as Exhibit "D," to VKOC; and
WHEREAS, during its tenancy, VKOC failed to maintain and/or repair the Property
pursuant to Sections 10.1 and 11.1 of the Lease; and
WHEREAS, the City wishes to proceed with legal action, if necessary, against VKOC to
collect monies owed pursuant to the Lease;
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 if fully set forth in this Section.
Section 2. The City Attorney is authorized' to proceed with legal action, if necessary,
against VKOC to collect monies owed pursuant to the Lease.
Section 3. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
ndez, ity Attor ey 1/17/2023
1 The herein authorization is further subject to compliance with all legal requirements that may be
imposed, including but not limited to those prescribed by applicable City Charter and City Code
provisions.