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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #14703 Date: 09/19/2023 Commission Meeting Date: 03/13/2025 Requesting Department: Department of Real Estate and Asset Management Sponsored By: District Impacted: District 5 Type: Resolution Subject: Authorize Agreement - Miara Perfumes, INC - 174 & 176 East Flagler Street Purpose of Item: Authorization for the City Manager to negotiate and execute a new revocable license agreement with Shay Barak Corp. d/b/a Miara Perfumes, Inc. for the commercial use of City owned property located at 174-176 E Flagler Street, Miami, Florida, and to negotiate and execute all other necessary documents, including amendments and modifications to said agreements, all in a form acceptable to the City Attorney, as may be necessary to effectuate the uses contemplated herein. Background of Item: The business currently occupies commercial space in the Olympia Theater building at 174-176 E Flagler Street on an expired lease agreement. The occupant had a Lease Agreement in place with a third -party management company which was utilized by the City and is now defunct. The Licensee has accepted a term sheet offered to them and the Department of Real Estate and Asset Management seeks to enter into a new RLA with the Licensee. Budget Impact Analysis Item is Related to Revenue Total Fiscal Impact: General Account No: 04002.221181.448000.0000.00000 Reviewed B Department of Real Estate and Asset Management Review Completed 09/19/2023 12:50 PM Office of Management and Budget Pedro Lacret Office of Management and Budget Marie Gouin City Manager's Office Larry M. Spring City Manager's Office Arthur Noriega V Legislative Division Valentin J Alvarez City Commission Maricarmen Lopez City Commission Nicole Ewan City Commission Maricarmen Lopez City Commission Nicole Ewan City Commission Nicole Ewan City Commission Nicole Ewan Office of the City Attorney James Brako Andrew Frey Budget Analyst Review Budget Review Assistant City Manager City Manager Review Legislative Division Review Meeting Meeting Meeting Meeting Meeting Meeting ACA Review Department Head Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed Pending 09/21/2023 12:32 PM 09/21/2023 5:03 PM 09/25/2023 2:09 PM 09/25/2023 3:30 PM 09/26/2023 1:53 PM 10/12/2023 9:00 AM 12/14/2023 9:00 AM 02/08/2024 9:00 AM 03/14/2024 9:00 AM 09/12/2024 9:00 AM 03/13/2025 9:00 AM Office of the City Attorney Carolina Aguila Office of the City Attorney George K. Wysong III Approved Form and Correctness Skipped 08/28/2024 8:54 PM Approved Form and Correctness Pending City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 14703 Final Action Date:3/13/2025 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT ("AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI ("CITY") AND SHAY BARAK CORP. ("LICENSEE"), FOR THE USE OF CITY OF MIAMI PROPERTY LOCATED AT 174 & 176 EAST FLAGLER STREET, MIAMI, FLORIDA ("PROPERTY"), FOR A ONE-YEAR TERM AND PROVIDING FOR A MONTHLY USE FEE ("MONTHLY USE FEE") OF ONE THOUSAND NINE HUNDRED NINE DOLLARS AND NINETY-FIVE CENTS ($1,909.95), WITH TWO (2) ONE YEAR OPTION TO RENEW WITH ADDITIONAL TERMS AND CONDITIONS AS SPECIFIED ON THE TERM SHEET, ATTACHED AND INCORPORATED AS EXHIBIT "A," PROVIDED LICENSEE IS CURRENT ON ALL PAYMENTS TO THE CITY; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS TO SAID AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. WHEREAS, on July 24, 1975 the City of Miami ("City") acquired, by way of a Special Warranty deed, the property located at 174-176 East Flagler Street, Miami, Florida, the Olympia Theater and Tower, a/k/a the Gusman Center for the Performing Arts from Maurice Gusman Cultural Center for the Performing Arts, Inc. ("Property"); and WHEREAS, the sub -lease and license agreement for the space was previously managed by a third party and has since expired; and WHEREAS, Shay Barak Corp. ("Licensee") currently occupies commercial space at the Property; and WHEREAS, the Licensee has accepted the terms for the new Agreement offered to them by DREAM; and WHEREAS, the Department of Real Estate and Asset Management ("DREAM") recommends that the City enter into a new Revocable License Agreement ("Agreement") with Licensee, for a one-year term, providing for a monthly use fee ("monthly use fee") of one thousand nine hundred nine dollars and ninety-five cents ($1,909.95), with two (2) one year option to renew with additional terms and conditions as specified on the term sheet, attached and incorporated as exhibit "A"; and WHEREAS, the City issued Request for Proposals ("RFP") 1568386 for the restoration, improvement, and lease of Olympia Theater and Tower that ended on March 3, 2023; 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 is authorizedlto negotiate and execute the Agreement, in a form acceptable to the City Attorney, between the City and Licensee, for use of commercial space located at the Property, for a one-year term, providing for a monthly use fee ("monthly use fee") of one thousand nine hundred nine dollars and ninety-five cents ($1,909.95), with two (2) one year option to renew, with additional terms and conditions as specified on the term sheet, attached and incorporated as Exhibit "A." Section 3. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: 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.