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Reso 2005-769
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Reso 2005-769
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Last modified
7/1/2010 9:41:20 AM
Creation date
1/25/2006 1:57:50 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2005-769
Date ‎(mm/dd/yyyy)‎
01/13/2005
Description
– Issue Check for $64,000.00 in Settlement of RK Assoc. re: 17070 Collins Ave.
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<br /> <br />January 11, 2005 <br /> <br />r~ . <br />l,~ornrnISStOn <br /> <br />NOi'rnon S. Edelcup <br />MOjO'- <br /> <br />LeNis 1. <br />Vice t\l1oyO! <br /> <br />Arnold Shevlin <br />RK Associates <br />17100 Collins Avenue <br />Sunny Isles Beach, Florida 33160 <br /> <br />VIA HAND DELIVERY <br />REC~:'VED <br /> <br />Ros!}/n Brezin <br />Conlrnissioner <br /> <br />(jc)()dr-non <br /> <br />JAN 1 2 2005 <br /> <br />- . <br />(...~ () rr: tYi i~: ::~ tU ll€: 1" <br /> <br />Re: Vacation of 17070 Collins Avenue ("Leased Premises") <br /> <br />City ot Sunny /s/e8 Beach <br />Office ot the CIty Manager <br /> <br />Danny Iqlesias <br />C:n:niiSSioner Dear Arnold: <br /> <br />J, Russ.: By letter dated December 28, 2004, RK Associates ("Lessor") offered that the City of <br />Sunny Isles Beach ("Lessee") could "write a check to RK and Associates" for the cost of <br />DC!rlilheissei removing walls, flooring, and improvements from the Leased Premises upon the expiration <br />ofthe lease agreement dated May 1, 1998, as amended. By letter dated January 4,2005, the <br />kine ,'" Hines City Manager, on behalf of the Lessee, accepted this offer with cost to be mutually agreed <br />upon at a later date. Based on several estimates from licensed contractors for the removal of <br />the aforesaid improvements, the City Manager offered $50,000.00 for the removal of the <br />improvements. <br /> <br /> <br /> <br /> <br />This Office is now advised that you have requested $90,000.00 based on an arbitrary <br />designation of three months' rent as the amount Lessor will accept for the removal of the <br />property and intend to hold Lessee for additional rent after the expiration of the lease <br />agreement until the improvements are removed, Up to this point, and in order to maintain <br />an amicable relationship with one of the substantial property owners of the City, the City <br />has been willing to settle this matter. However, because ofthis unconscionable demand the <br />City as Lessee is compelled to point out the following: <br /> <br />1. Your request that the City remove walls and return the leased premises to the original <br />space configuration is not a requirement under either the original lease or its amendments. <br />The lease agreement provides that: "{a}nything attached to the property including <br />attached to the ceilings, walls and floors (including any carpeting) will remain the <br />property of the Lessor and shall not he removedfrom the premises hy the Lessee. "(See, <br />paragraph 36 of original lease.) Moreover, the lease agreement provides that "Lessee shall <br />deliver to the Lessor the Leased Premises, all keys, locks thereto, and other fIXtures <br />connected therewith and all alterations and additions made to or upon the leased <br />premises, in good condition, damage hy fire or other casualty only excepted." (See, <br />paragraph 37 of original lease). It is clear that the City is required to return the leased <br />premises with all personal property removed but we have been talking about the removal of <br />ceilings, floors and walls. <br /> <br />2. Notwithstanding the foregoing, the City Manager has attempted to work out a resolution <br />
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