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Home My WebLink AboutR-23-0110City of Miami Resolution R-23-0110 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 13458 Final Action Date: 3/9/2023 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO SECTION 29-B (A) OF THE CHARTER OF THE CITY OF MIAMI (" CITY CHARTER"), BY A FOUR -FIFTHS AFFIRMATIVE VOTE, PURSUANT TO SECTION 18-85 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S RECOMMENDATION AND FINDING, ATTACHED AND INCORPORATED AS EXHIBIT "A", THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A LEASE AGREEMENT ("AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI ("CITY") AND DOLORES, BUT YOU CAN CALL ME LOLITA, LLC. ("TENANT"), GRANTING A LESSEE OF CITY -OWNED PROPERTY A ONE- TIME EXTENSION DURING THE LAST FIVE YEARS OF ITS LEASE, WITHOUT THE NECESSITY OF A REFERENDUM, FOR THE PURPOSE OF FUNDING ADDITIONAL CAPITAL IMPROVEMENTS; FOR AN EXTENDED TERM NOT TO EXCEED TWENTY-FIVE PERCENT OF THE ORIGINAL TERM OR TEN YEARS, WHICHEVER IS LESS; FOR FAIR MARKET VALUE, FOR THE CONTINUED USE OF THE CITY OWNED PROPERTY LOCATED AT 100 SOUTH MIAMI AVENUE, MIAMI, FLORIDA, FOR THE PURPOSE OF OPERATING A RESTAURANT, FOR A MONTHLY USE FEE OF SEVENTY FOUR THOUSAND ONE HUNDRED THIRTY NINE DOLLARS AND FIFTY EIGHT CENTS ($74,139.58) PLUS FEES AND ANNUAL PERCENTAGE INCREASES, FOR AN EXTENDED TERM OF SIX (6) YEARS AND THREE (3) MONTHS, WITH TERMS AND CONDITIONS TO BE MORE SPECIFICALLY SET FORTH IN SAID AGREEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID AGREEMENT, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO EFFECTUATE THE USES CONTEMPLATED HEREIN. WHEREAS, the City of Miami ("City") entered into that certain Lease Agreement dated March 3, 1998 with Alamilla and Associates, Inc ("Alamilla"), (i) as assigned by Assignment & Assumption of Lease Rights dated February 20, 1998 by and between Alamilla and Firehouse IV of Miami, Inc., a Florida corporation ("Firehouse"), which assignment was approved by Landlord pursuant to that certain Consent by Landlord dated March 3, 1998, (ii) as amended by Amendment to Lease Agreement dated February 6, 2001, by and between Landlord and Firehouse, (iii) as assigned by Assignment & Assumption of Lease Rights dated June 6, 2002, City of Miami Page 1 of 3 File ID: 13458 (Revision: A) Printed On: 6/27/2025 File ID: 13458 Enactment Number: R-23-0110 by and between Firehouse and New Spanish Concepts, LLC, a Delaware limited liability company ("New Spanish"), which assignment was approved by Landlord pursuant to that certain Consent by Landlord dated June 12, 2002; and WHEREAS, Consent by Landlord dated June 12, 2002 was amended by Second Amendment to Lease Agreement dated June 13, 2002, by and between Landlord and New Spanish ("Second Amendment"), (v) as amended by Amendment No. 3 to Lease Agreement dated August 1, 2003, by and between Landlord and New Spanish, (vi) as amended by Amendment No. 4 to Lease Agreement dated March 19, 2007, by and between Landlord and New Spanish, and (v) as assigned by Assignment & Assumption of Lease Rights dated June 7, 2007, by and between New Spanish and Tenant (collectively, as so assigned and amended, the "Lease") for the leasing, management and operation of a restaurant on City -owned property, legally described on Exhibit A, attached hereto and made a part hereof, commonly known as 1000 South Miami Avenue, Miami, Florida (such property, together with the building and improvements located thereon, are hereinafter referred to as the "Premises"); and WHEREAS, Tenant has exercised the second and last renewal option under the Lease and as such the Lease is set to expire on April 1, 2023 ("Lease Expiration Date"); and WHEREAS, Section 29-B of the Charter of the City of Miami ("City Charter") specifies that the City may by 4/5ths affirmative vote; "grant a lessee of city -owned property a one-time extension during the last five years of its lease, without the necessity of a referendum, for the purpose of funding additional capital improvements" ; and WHEREAS, the City Charter also specifies that, "the extended term shall not exceed twenty-five percent of the original term or ten years, whichever is less."; and WHEREAS, the City Charter also specifies that, "The granting of such an extension is subject to the lessee paying fair market rent as determined by the city at the time of such extension and not being in default of its lease with the city nor in arrearage of any monies due the city"; and WHEREAS, pursuant to Section 29-B (a) of the City Charter, Tenant is making this request and the City Manager is recommending for approval a final one-time Lease Extension within the last five (5) years of the Lease Expiration Date for period of time that does not exceed twenty-five percent (25%) of the original term of the Lease, to extend the Lease Expiration Date to June 2, 2029 (i.e. an additional period of six (6) years and three (3) months) (the "Lease Extension") for the purpose of funding additional capital improvements that Tenant at the city owned property and that the Tenant is planning to perform on the Premises, which are more particularly described on Exhibit B, attached hereto and incorporated herein by reference (the "Capital Improvements"). 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 2 of 3 File ID: 13458 (Revision: A) Printed on: 6/27/2025 File ID: 13458 Enactment Number: R-23-0110 Section 2. The City Manager is authorized', pursuant to Section 29-B of the City Charter, to negotiate and execute the Agreement, in a form acceptable to the City Attorney, between the City and Tenant, for use of approximately 9,365 per square feet of property located at 100 South Miami Avenue, Miami, Florida, for a monthly use fee of Seventy Four Thousand One Hundred Thirty Nine Dollars and Fifty Eight Cents ($74,139.58), Ninety Five Dollars ($95.00) per square foot plus fees with annual increases, for an extended term of six (6) years and three (3) months, with terms and conditions as more specifically set forth in said Agreement. Section 3. Pursuant to Section 18-85(a) of the City Code, by a four -fifths (4/5ths) affirmative vote, after an advertised public hearing, the City Manager's written findings, attached and incorporated as Exhibit "A," that competitive negotiation methods and procedures are not practicable or advantageous, and waiving the requirements for said procedures, are hereby ratified, approved, and confirmed. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: ndezCiity Attor 4/4/2023 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. 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: 13458 (Revision: A) Printed on: 6/27/2025