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Resolution: R-16-0296
File Number: 16-00578
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 6/23/2016
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO WAIVE THE LATE FEES ASSOCIATED
WITH THE CITY -OWNED PROPERTY LEASED TO DOLORES, BUT YOU CAN
CALL ME LOLITA, LLC, AS IDENTIFIED IN THE CITY OF MIAMI AUDIT NO. 15-001,
ATTACHED AND INCORPORATED, IN THE AMOUNT OF FIFTY-EIGHT
THOUSAND SEVEN HUNDRED THIRTY SEVEN DOLLARS ($58,737.00), IN
EXCHANGE FOR A ONE-TIME PAYMENT OF FIVE THOUSAND DOLLARS
($5,000.00) AND IMPROVEMENTS TO THE CITY -OWNED PROPERTY TOTALING
FORTY-FIVE THOUSAND SIX HUNDRED THIRTY DOLLARS ($45,630.00).
WHEREAS, the City of Miami ("City") owned property located at 1000 South Miami Avenue,
Miami, Florida ("Property") is being leased to Dolores, But You Can Call Me Lolita, LLC ("Tenant");
and
WHEREAS, Tenant assumed the entire leasehold interest in the Property pursuant to Assignment
and Assumption of Lease Rights, between New Spanish Concepts, LLC, and Tenant, executed June
7, 2007; and
WHEREAS, the Office of the Independent Auditor General audited the records and financial
transactions of Tenant primarily for the period of March 1, 2008, through February 28, 2014 ("Audit");
and
WHEREAS, the lease with Tenant requires late fees in the amount of 0.5% of the late rent due
per day; and
WHEREAS, the Audit found that the late fees associated with the Audit time period totaled
$102,255.00; and
WHEREAS, the Audit also found that Tenant had overpaid its rents during the Audit period in the
amount of $43,518.00; and
WHEREAS, the overpayments have been applied to the late fees, leaving a remaining balance of
$58,737.00; and
WHEREAS, Tenant has completed improvements to the Property in the amount of $45,630.00,
and wishes to have the remaining late fees waived in exchange for the improvements to the
City -owned Property, and a one-time payment of $5,000.00; and
WHEREAS, in consideration of the waiver of late fees, said improvements shall remain the
property of the City, upon adoption of this Resolution;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
City of Miand Page 1 of 2 File Id. 16-00578 (Version: 2) Printed On: 5/14/2018
File Number: 16-00578
FLORIDA:
Enactment Number: R-16-0296
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 Manager is authorized {1} to waive the late fees associated with the
City -owned property leased to Tenant, as identified in the Audit, attached and incorporated, in the
amount of fifty-eight thousand seven hundred thirty seven dollars ($58,737.00), in exchange for a
one-time payment of five thousand dollars ($5,000.00) and improvements to the City -owned property
totaling forty-five thousand six hundred thirty dollars ($45,630.00).
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor. {2}
Footnotes:
{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.
{2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10)
calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall
become effective immediately upon override of the veto by the City Commission
City of Miami Page 2 of 2 File Id. 16-00578 (Version: 2) Printed On: 5/14/2018