HomeMy WebLinkAboutR-23-0059City of Miami
Resolution R-23-0059
Legislation
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.
City of Miami Page 1 of 2 File ID: 13253 (Revision:) Printed On: 6/26/2025
File ID: 13253 Enactment Number: R-23-0059
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:
end e ezCiity 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.
City of Miami Page 2 of 2 File ID: 13253 (Revision:) Printed on: 6/26/2025