HomeMy WebLinkAbout10935 Rent Abatement LetterLAW OFFICES OF
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AARON RESNICK, P.A.
ATTORNEY AND COUNSELOR
Friday, April 26, 2019
100 Biscayne Boulevard
Suite 1607
Miami, Florida 33132
VIA ELECTRONIC MAIL [JWalker@miamigov. com] AND HAND DELIVERY
Jason Walker
Executive Director
Community Redevelopment Agency of the City of Miami
1401 N. Miami Ave, 2nd Floor
Miami, FL 33136
RE: Notice Pursuant to March 10, 2015 Addendum to Lease Agreement of Impact of
the Bridge Project and of Rent Abatement
Dear Mr. Walkers,
The undersigned law firm represents the interests of Florida Film & Television, Center, LLC
("FF&T"). As you know, FF&T is a party to a lease agreement (the "Lease") with the Omni
Redevelopment District Community Redevelopment Agency ("CRA") for the real property
located at 50 NW 14th Street, Miami, Florida (the "Miami Entertainment Center"). A copy of the
Lease is enclosed as Exhibit "A". On March 10, 2015, FF&T and the CRA executed an
Addendum to the Lease (the "Addendum") to address the Florida Department of Transportation's
("FDOT") plans to build an I-395 Signature Bridge to improve the connectivity between I-95 and
PortMiami (the "Bridge Project"). The Addendum is attached hereto as Exhibit "B". The
potential impact of the Bridge Project on FF&T was recognized by the CRA as the plans for the
Bridge Project entailed significant work in the close proximity of the Miami Entertainment Center.
See Addendum at § 2. As a result of the potential impact on FN&T, the CRA specifically agreed
to abate FF&T's rent, when Fr&T's business or use of the Miami Entertainment Center was
impacted by the Bridge Project financially or otherwise (the "Rent Abatement"). Id. To trigger
the Rent Abatement, FF&T was only required to submit written notice to the CRA that the Bridge
Project would affect FF&T's business or use of the Miami Entertainment Center. Id.
This correspondence is FF&T's foiuial notice that the Bridge Project will affect FF&T's business
and use of the Miami Entertainment Center beginning June 1, 2019, and as such, all rent payments
as detailed in Section 3.3 of the Lease shall be abated starting on that date and continuing while
the Miami Entertainment Center and FF&T are affected by the Bridge Project.2 To be clear, FDOT
provided notice to Fli&T that it would begin work on the Bridge Project starting on June 1, 2019
that would impact FF&T and the Miami Entertainment Center beginning June 1, 2019. See Exhibit
"D". In fact, FF&T was put on notice that it must vacate and handover Parcel 117 on June 1,
2019. As a result, FF&T's tenant, New International Mix Inc. ("Viacom"), advised FN&T that it
will stop production at the Miami Entertainment Center on or shortly before June 1, 2019, and will
s Pursuant to § 17.1 of the Lease, notice is to go to Pieter A. Bockweg, Executive Director of the
CRA. Mr. Bockweg is no longer employed by the CRA. Mr. Walker has replaced him as
Executive Director. As such, this notice is directed to Mr. Walker.
2 Exhibit "C" demonstrates how close the Bridge Project is to the Miami Entertainment Center.
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no longer pay rent. Due to work contemplated by the Bridge Project, FF&T in unable to operate
its business at the Miami Entertainment Center, and will be unable to generate any income.
Unless you advise us otherwise, we will assume that FF&T's rent will be abated June 1, 2019 and
such rent abatement will continue until the Bridge Project no longer affects FF&T's business
and/or use of the Miami Entertainment Center.
Should you have any questions or wish to discuss this matter further, please do not hesitate to
contact the undersigned.
Regards,
Aaron Resnick, Esq.
Enclosures
cc: Isiaa Jones, Chief Legal Officer [IJones@miamigov.com]
Barnaby Min, Deputy City Attorney [bmin@miamigov.com]
Client