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Reso 2025-3823
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Reso 2025-3823
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Last modified
2/3/2026 11:18:34 AM
Creation date
4/24/2025 11:43:19 AM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2025-3823
Date (mm/dd/yyyy)
04/17/2025
Description
AWD ITB NO. 25-01-01, Approve Agmt w/ Waypoint Contracting, for Const. Renovation Svcs - Annex BLDG, 18050 Collins Ave.
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o The library confirmed that they will not pay rent. They only pay for <br />utilities as they currently do now. To remove the cafe to give the library <br />the space it needs would remove the income the city would earn. <br />o The library would be more interested in a potential move if they could <br />own the property. That is only if the city conveys the property to them at <br />no cost. <br />• Claim — the bid that was rejected included over $31VII investment to the <br />space that we would own. <br />o Fact — past restaurant lease agreements negotiated and approved by <br />past Administration and Commissions provided the funding to the future <br />restauranteur for those improvements. This was expected by the bidder. <br />An example is the Approval of Resolution 2015-2370 (Attachment 12) <br />with the Passion Restaurant Group. Their proposal included an <br />estimated $3.4M in improvements in which the City agreed to pay an <br />estimated $1.25M, or 36.765% of the actual cost. Based on this <br />previous practice, the improvements by this recent bidder may have cost <br />the City over $1M. Another example was the original buildout of Beach <br />Bar. They were given $40K for window replacements as well as rent <br />abatement for 180 days after opening, thus resulting in a financial <br />contribution for those improvements and a loss of revenue for the city. <br />Under this Administration and Commission, utilizing a professional <br />broker, resulted in no outlay of funds for improvements nor rent <br />abatement resulting in a loss of revenue. Rather, this use of a <br />professional broker resulted in a higher rental rate per square foot, the <br />additional rent for CAM and a better negotiated lease agreement. <br />• Claim — this process has been manipulated from the beginning. <br />o Fact: As described in detail above, the City Commission has been <br />informed and involved in every step of this process. <br />Throughout this entire process, the City Commission had the opportunity to redirect <br />administrations actions. <br />Finally, an important item to consider is the timing of the proposed change of course. <br />There could be substantial financial consequences with another delay of this project. I <br />want you to be fully aware of those consequences before you make a final decision. <br />• Upon review of the current agreement with Crema, the following items must be <br />considered or amended: <br />o The lease will have to be amended: <br />■ To change composite exhibit B, including possibly Lessor's Work. <br />■ To change critical milestones. <br />■ To change signage <br />• Sec. 1.3/Sec. 9 — exclusive right to use and must maintain outdoor area — <br />Crema may have issue. <br />• Sec. 3 / Sec. 10 -- City has to deliver the property and complete its work by <br />February 1, 2026 — if not, default and termination of lease at Crema's option. <br />• Sec. 4 — will delay the commencement of rent. <br />• Sec. 6.1 — if terminated, pay back security deposit - $10,214.17 <br />• Sec. 6.2 — if terminated, pay back advanced rent - $20,400.00 <br />Page 5of6 <br />393 <br />
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