| TO: | Honorable Mayor and Members of the City Commission | | | FROM: | Alina T. Hudak, City Manager | | | DATE: | June 23, 2021 | | | | 9:30 a.m. First Reading
| | SUBJECT: | A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, APPROVING, ON FIRST READING, PURSUANT TO SECTION 82-37(A)(2) OF THE CITY CODE, AN AMENDED AND RESTATED LEASE AGREEMENT
("LEASE AMENDMENT"), ATTACHED AS AN EXHIBIT TO THE COMMISSION
MEMORANDUM ACCOMPANYING THIS RESOLUTION, BETWEEN THE CITY OF
MIAMI BEACH ("CITY") AND 1 WASHINGTON AVENUE CORP. D/B/A SMITH &
WOLLENSKY RESTAURANT (THE "TENANT"), THE CURRENT LONG-TERM
RESTAURANT OPERATOR OF THE CITY-OWNED PROPERTY LOCATED AT 1
WASHINGTON AVENUE, MIAMI BEACH, FLORIDA, AS DESCRIBED MORE
PARTICULARLY IN THE LEASE AMENDMENT (THE " LEASED PREMISES" ), FOR THE
CONTINUED OPERATION OF THE SMITH & WOLLENSKY RESTAURANT, WHICH
LEASE AMENDMENT SHALL PROVIDE FOR: (1) AN INITIAL TERM OF TWENTY-FOUR
(24) YEARS, WITH TWO (2) 10-YEAR RENEWAL TERM OPTIONS; (2) INCREASED
RENT DUE TO THE CITY FOR THE LEASED PREMISES, WHICH SHALL BE THE
GREATER OF $1,042,550 ANNUALLY, SUBJECT TO A 2.5% ANNUAL ESCALATOR, OR
9% OF THE TENANT'S GROSS REVENUES; (3) TENANT IMPROVEMENTS TO THE
LEASED PREMISES, INCLUDING UPGRADES AND COMPLETION OF THE 40-YEAR
RECERTIFICATION FOR THE LEASED PREMISES; AND (4) COMMUNITY BENEFITS,
INCLUDING, THE REIMBURSEMENT OF THE CITY'S COSTS, IN AN AMOUNT NOT TO
EXCEED $60,000, FOR THE CITY'S INSTALLATION OF A SECURITY GATE TO THE
ENTRANCE TO THE SOUTH POINTE PARK PARKING LOT; FURTHER, PROVIDING
THAT THE LEASE AMENDMENT SHALL BE SUBJECT TO AND CONTINGENT UPON
APPROVAL BY A MAJORITY OF THE VOTERS VOTING IN A CITY-WIDE
REFERENDUM PURSUANT TO SECTION 1.03(B)(1) OF THE CITY CHARTER;
FURTHER, WAIVING, BY 5/7TH VOTE, THE COMPETITIVE BIDDING REQUIREMENT
OF SECTION 82-39(A) OF THE CITY CODE, FINDING THAT THE PUBLIC INTEREST
WOULD BE SERVED BY WAIVING SUCH CONDITION; AND FURTHER, SETTING THE
PUBLIC HEARING FOR THE SECOND AND FINAL READING OF THE RESOLUTION. |
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