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HomeMy WebLinkAboutCRA-R-24-0069 MemorandumOMNI Board of Commissioners Meeting November 21, 2024 OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY INTER -OFFICE MEMORANDUM Board Chair Damian Pardo Date: November 22, 2024 and Members of the CRA Board Isiaa Jones Executive Director File: 16970 Subject: Termination of Lease Agreement - 1401 Group, LLC Enclosures: 16970 Build Cost Estimates 16970 Expenditures Analysis BACKGROUND: A Resolution of the Board of Commissioners of the Omni Redevelopment District Community Redevelopment Agency ("CRA") authorizes the Executive Director to negotiate and execute a Termination of Lease Agreement and Release of All Claims (the "Agreement") between the CRA and 1401 Group, LLC ("Lessee"). The Agreement concerns approximately 5,400 square feet of property located at 1401 North Miami Avenue, Miami, Florida (the "Property"), currently used as a restaurant and entertainment facility. The CRA and Lessee desire to terminate the current lease agreement, which expires on September 30, 2030. The Lessee has expended in excess of $3,300,000.00 in improvements to the property. The CRA's consultants have reviewed the lessee's expenditures and have determined that a reasonable value of the lessee improvements to the location is $2,100,000.00. The CRA will allocate an amount not to exceed $2,100,000.00 as payment for build -out and improvements at the Property undertaken by Lessee and to terminate the remaining six years of the lease. The Executive Director requests authority to execute the Agreement, General Release and any other necessary documents, in forms acceptable to the General Counsel. JUSTIFICATION: Terminating the current lease and regaining access to the Property at 1401 North Miami Avenue will allow for its activation and facilitate opportunities for new development, thereby enhancing the area's visual attractiveness to businesses and residents, in line with the CRA Redevelopment Plan's goals. This action supports the CRA's mission of carrying out community redevelopment activities and projects within its Redevelopment Area. FUNDING: $2,100,000.00 allocated from OMNI CRA Reserve Account Number 10040.920501.549000.0000.00000 — "Other Current Charges and Obligations" . City of Miami Page 2 of 4 File ID: 16970 (Revision:) Printed On: 9/15/2025 Omni C R A City of Miami Legislation OMNI CRA Resolution CRA-R-24-0069 OMNI CRA 1401 N. Miami Avenue Miami, FL 33136 www.miamicra.com File Number: 16970 Final Action Date:11/21/2024 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("CRA"), AUTHORIZING THE EXECUTIVE DIRECTOR TO NEGOTIATE AND EXECUTE A TERMINATION OF LEASE AGREEMENT AND RELEASE OF ALL CLAIMS, IN A FORM ACCEPTABLE TO THE GENERAL COUNSEL, BETWEEN THE CRA AND 1401 GROUP, LLC ("LESSEE"), FOR THE USE OF APPROXIMATELY 5,400 SQUARE FEET OF PROPERTY LOCATED AT 1401 NORTH MIAMI AVENUE, MIAMI, FLORIDA ("PROPERTY") FOR A RESTAURANT AND ENTERTAINMENT FACILITY, WITH TERMS AS SET FORTH IN THE TERMINATION AGREEMENT, ATTACHED AND INCORPORATED HEREIN; FURTHER AUTHORIZING THE EXECUTIVE DIRECTOR TO ALLOCATE AN AMOUNT NOT TO EXCEED TWO MILLION ONE HUNDRED THOUSAND DOLLARS ($2,100,000.00) AS PAYMENT FOR BUILD -OUT AND IMPROVEMENTS AT THE PROPERTY UNDERTAKEN BY LESSEE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Omni Redevelopment District Community Redevelopment Agency ("CRA") is responsible for carrying out community redevelopment activities and projects within its Redevelopment Area; and WHEREAS, the CRA Redevelopment Plan at Section 4, Goal D/ Principals A-2, C-4 and C-5 lists as a goal: "encourage the restoration of historic buildings and [enhance the area's visual attractiveness to businesses and residents], by creating opportunities for new development through improvements to the public realm"; and WHEREAS, pursuant to CRA-R-13-0036, adopted on June 13, 2013, the CRA entered into a lease agreement, dated November 4, 2013 and as subsequently amended pursuant to Amendment 1 dated December 30, 2014, with 1401 Group, LLC. ("Lessee") for the use of approximately 5,400 square feet as a restaurant and entertainment facility, located at 1401 North Miami Avenue, Miami, Florda ("Property") with a term expiring September 30, 2030; and WHEREAS, the Lessee invested approximately Three Million Four Hundred Thousand Dollars ($3,400,000.00) in construction, build -out and improvements at the Property; and WHEREAS, Lessee and the CRA now wish to terminate the lease agreement; and WHEREAS, the CRA desires to allocate an amount not to exceed Two Million One Hundred Thousand Dollars ($2,100,000.00) to Lessee for enhancements to the Property; and WHEREAS, the CRA and Lessee desire to amicably resolve any differences between the parties and agree to enter into the Termination of Lease Agreement and a release of all claims, in a form acceptable to General Counsel; City of Miami Page 3 of 4 File ID: 16970 (Revision:) Printed On: 9/15/2025 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY 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 herein as if fully set forth in this Section. Section 2. The Executive Director is authorized to negotiate and execute a Termination of Lease Agreement and release of all claims from, in a form acceptable to the General Counsel, between the CRA and Lessee, for the use of approximately 5,400 square feet for a restaurant and entertainment facility. Section 3. The Executive Director is authorized to allocate an amount not to exceed Two Million One Hundred Thousand Dollars ($2,100,000.00) to Lessee for construction, build - out, and improvements at the Property. Section 4. This resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: ORG247 X. III. ENERAL COUNSEL City of Miami Page 4 of 4 File ID: 16970 (Revision:) Printed On: 9/15/2025