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HomeMy WebLinkAboutR-25-0078City of Miami Resolution R-25-0078 Legislation 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. City of Miami Page 1 of 2 File ID: 17271 (Revision: A) Printed On: 8/19/2025 File ID: 17271 Enactment Number: R-25-0078 Section 3. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: City of Miami Page 2 of 2 File ID: 17271 (Revision: A) Printed on: 8/19/2025