HomeMy WebLinkAboutMemorandumCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: George K. Wysong III, City Attorney
DATE: March 13, 2025
RE: City Commission Meeting -March 13, 2025
A Resolution of the Miami City Commission, With Attachments, Directing and
Authorizing the City Manager and the City Attorney to Take Any And All Actions
Against Bayside Seafood Restaurant, Inc.
File No.: 17271
The proposed resolution seeks authorization to proceed with legal action against
Bayside Seafood Restaurant, Inc. to collect monies owed pursuant to its Revocable
Permit with the City dated December 21, 1994.
Attachment(s)
cc. Art Noriega, V, City Manager
Miriam M. Santana, Agenda Coordinator
Attachment(s)
17271 Composite Exhibit A
17271 Exhibit B
17271 Exhibit C
City of Miami
Legislation
Resolution
Enactment Number: R-25-0078
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 17271 Final Action Date:3/13/2025
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
RATIFYING THE ACTIONS OF THE CITY ATTORNEY, AND FURTHER DIRECTING,
AND AUTHORIZING THE CITY ATTORNEY TO PROCEED WITH LEGAL ACTION, IF
NECESSARY, AGAINST BAYSIDE SEAFOOD, INC., REGARDING THE PROPERTY
LOCATED AT 3501 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA, TO COLLECT
MONIES OWED PURSUANT TO THE REVOCABLE PERMIT AGREEMENT DATED
DECEMBER 21, 1994, AS AMENDED ON DECEMBER 5, 1997, AND DECEMBER 26,
2001, ATTACHED AND INCORPORATED AS COMPOSITE EXHIBIT "A."
WHEREAS, the City of Miami ("City") owns the property located at 3501 Rickenbacker
Causeway in Miami, Florida ("Property"); and
WHEREAS, the City entered into a Revocable Permit regarding the Property with
Bayside Seafood Restaurant, Inc. ("Bayside") dated December 21, 1994 and amended thereto
on December 5, 1997, and December 26, 2001, attached and incorporated as Composite
Exhibit "A," (collectively, "Agreement"); and
WHEREAS, Bayside occupied the Property until on or about October, 2023, when the
City sent Bayside a letter notifying Bayside that the Agreement would be terminated absent
Bayside's curing of all defaults within ten days of the letter ("Termination Letter"), a copy of
which is attached and incorporated as Exhibit "B"; and
WHEREAS, the Termination Letter specified that Bayside materially breached the
Agreement by failing to pay the fees owed under the Agreement, as described in the Audit of
Bayside Restaurant Seafood, Inc., Audit No. 24-01, attached and incorporated as Exhibit "C,"
failing to comply with applicable laws; failing to maintain insurance; and by undertaking
construction, repairs, alterations or improvements without complying with the relevant provisions
of the Agreement, among other defaults; and
WHEREAS, the City wishes to proceed with legal action, if necessary, against Bayside
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 Commission hereby ratifies the actions of the City Attorney, and
further directs, and authorizes the City Attorney is authorized to proceed with legal action, if
necessary, against Bayside 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:
g III, C y`attory J 3/4/2025