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Home My WebLink AboutReso 2022-3403RESOLUTION NO. 2022 - AN RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, RATIFYING A FIRST AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH, FLORIDA, AND SUFFOLK CONSTRUCTION COMPANY, INC., ATTACHED HERETO AS EXHIBIT "A"; PROVIDING THE CITY MANAGER WITH THE AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THE FIRST AMENDMENT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach, Florida ("City") owns property located at 18050 Collins Avenue, Sunny Isles Beach, which was formerly operated as a Tony Roma's restaurant ("Property"); and WHEREAS, Suffolk Construction Company, Inc. ("Suffolk") desired to rent, and the City desired to lease, a portion of the Property as a temporary construction office from the City; and WHEREAS, on July 21, 2022, via Resolution No. 2022-3376, the City Commission approved a lease agreement between the parties for a term commencing on July 23, 2022, and expiring on December 23, 2022, in an amount of Five Thousand Dollars ($5,000.00), per month, subject to the terms and conditions set forth in said lease agreement (the "Lease Agreement"); and WHEREAS, following the approval of the Lease Agreement, Suffolk submitted a request to the City to utilize additional space within the Property, in exchange for paying additional monthly rent; and WHEREAS, pursuant to the authority provided by the City Commission to the City Manager via Resolution No. 2022-3380 during the summer recess, the City Manager executed a First Amendment to the Lease Agreement, providing that Suffolk shall pay rent in an amount of Ten Thousand Dollars ($10,000.00) per month, and may utilize additional space within the Property as set forth therein; and WHEREAS, the City Commission now wishes to ratify a First Amendment to the Lease Agreement with Suffolk, a copy of which is incorporated herein and attached hereto as Exhibit "A" NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA: Section 1. Incorporation of Recitals. The foregoing recital paragraphs are hereby ratified and confirmed as being true and the same are hereby made part of this Resolution. Section 2. Ratification of Agreement. The City Commission hereby ratifies a First Amendment to the Lease Agreement between the City of Sunny Isles Beach and Suffolk Construction Company, Inc., attached hereto as Exhibit "A". 408 Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate its terms and conditions. Section 4. Effective Date. This Resolution shall become effective upon passage. PASSED AND ADOPTED upon this 15th day of September 2022. Dana Robin Goldman, Mayor ATTEST: APPROVED AS TO FORM AND LEGA UFFICIENCY: Mauri io Betanc r, CMC, City Clerk Edward A. Dion, City Attorney Moved by b dl- con ded by: Vote: Mayor Goldman dkYes) (No) Vice Mayor Viscarra (Yes) (No) Commissioner Joseph Yes) (No) Commissioner Lama (No) Commissioner Commissioner Stuyvesant (Yes) (No) 409 `SUNNY ItffJ FIRST AMENDMENT TO THE d ` TRIPLE NET LEASE AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND crr* or .uN SUFFOLK CONSTRUCTION COMPANY, INC. This First Amendment to the Triple Net Leaseback Agreement between the CITY OF SUNNY ISLES BEACH ("Landlord") and SUFFOLK CONSTRUCTION COMPANY, INC. ("Tenant"), executed this Zi day of S�p1cwS�+— , 2022, is made a part of the original Triple Net Leaseback Agreement ("Lease") dated July 22, 2022, between the Landlord and Tenant. The Landlord and Tenant hereby agree as follows: 1. EFFECTIVE DATE. The Effective Date of this First Amendment shall be the Commencement Date as defined in the Lease. 2. AMENDING MONTHLY RENT. Section 7.1 of the Lease "Monthly Rent" is hereby amended to provide that the Monthly Rent, as defined therein, shall be Ten Thousand Dollars ($10,000.00) per month. Except as specifically modified herein, all terms and conditions of Section 7.1 shall remain in full force and effect. 3. AMENDING THE USABLE AREA. Section 3.1 of the Lease "Limitations on Use" is hereby deleted in its entirety, and the following language shall be substituted: Tenant's use of the Property shall be limited to the north and west dining areas of the Property, and the interior restrooms of the Property, as depicted in Exhibit fB", attached hereto and incorporated herein by reference ("Usable Area"). The Tenant is strictly prohibited from placing or storing any furniture, supplies, or other items in any area other than the Usable Area. 4. REPLACEMENT OF EXHIBIT f11111. Exhibit `B" attached to the Lease is hereby deleted in its entirety and Attachment "A" attached hereto is hereby substituted therefor. 5. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein, all terms and conditions of the original Lease between the parties dated July 22, 2022, shall remain in full force and effect. 6. CONFLICTING PROVISIONS. The terms, statements, requirements, or provisions contained in this First Amendment shall prevail and be given superior effect and priority over any conflicting or inconsistent terms, statements, requirements or provisions contained in any other document or attachment. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment as of the date mentioned above. [SIGNATURE PAGE TO FOLLOW] Suffolk Lease Agreement— First Amendment ....... f►•zpam■ WITNESS: I-.- (;s r'L'D ignature 2 r Print Name ATT IM CMC City Clerk Suffolk Lease Agreement — First Amendment SUFFOLK CONSTRUCTION 00" 1' 1 $ f /, COMPANY �.`��'��,v�.Po!Dijj''., okk`'S A ;eco BY: 982 co- -0 — SignaturecP�� o i Print Name, As its��io�.�s�=i- CITY OF SUNNY ISLES BEACH BY:�,_�%�;� Stan Morris, City Manager APPROVED AST FORM AND LEGA FFI IE BY: EdIvard A. Dion, City Attorney Ol" Attachment "A" New Exhibit "B" to the Lease Suffolk Lease Agreement — First Amendment 3 ----�' EXHIBIT B SKETCH OF PROPERTY DEPICTING USABLE AREA 14 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM TO: Honorable Mayor and City Commissioners FROM: Stan Morris, City Manager DATE: September 15, 2022 RE: Ratification of a First Amendment to the Lease Agreement with SuffoR Construction Company, Inc. RECOMMENDATION: Staff recommends approval of this Resolution. REASONS: The City owns an unoccupied facility at 18050 Collins Avenue, formerly known as Tony Roma's restaurant. This property has sat vacant for two years producing no revenue for the City. City staff is in the process of issuing a Request for Proposals for the long-term rental of this space as a restaurant to generate revenue for the City. On July 21, 2022, the City Commission approved a lease agreement with Suffolk Construction for us( of a portion of the facility. This lease agreement included the condition that Suffolk fully vacates the space within two weeks' notice to maintain our ability to enter into a long-term rental agreement with a restauranteur at the conclusion of the bidding process. This agreement provides a short-term revenue stream for the City while providing a solution to Suffolk. During the summer recess, Suffolk Construction Company, Inc. requested that the number of people using the space be increased. Pursuant to Resolution No. 2022-3380 authorizing the City Manager tc sign or renew all required contracts, agreements, and purchase orders during the summer recess period, the City Manager approved the request subject to City Commission ratification. ADDITIONAL INFORMATION: The previous terms of the original lease approved in July 2022 remain in effect for Suffolk Construction Company, Inc. The increased use of the space will raise the rent from $5,000 to $10,000. The renter Item Number: 10.Q 406 will be responsible for all utilities. The City will have access to and retain the ability to repair other areas of the facility. ATTACHMENTS: Resolution First Amendment Item Number: 10.Q 407