2009-27275 ResoRESOLUTION NO. 2009-27275
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING A CONSENT TO
ASSIGNMENT AND ASSUMPTION OF LEASE AGREEMENT AND A
FIRST AMENDMENT TO THAT CERTAIN LEASE AGREEMENT BY AND
BETWEEN THE CITY AND ROMA WAXING, INC., DATED JULY 15, 2009 ,
FOR THE LEASE OF 1,290.59 SQUARE FEET OF CITY-OWNED
PROPERTY, LOCATED AT 1701 MERIDIAN AVENUE, UNIT 3 (A.K.A. 771
17TH STREET), MIAMI BEACH, FLORIDA, WHICH PROVIDES FOR
ROMA WAXING, INC. (AS TENANT/ASSIGNOR) TO ASSIGN ITS
LEASEHOLD INTEREST TO SB WAXING, INC. (AS THE NEW
TENANT/ASSIGNEE); FURTHER AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE SAME
WHEREAS, on October 17, 2001, the City Commission adopted Resolution No.
2001-24661, authorizing the purchase of 1701 Meridian Avenue with the intention of
preserving the retail environment on the ground floor of the property; and
WHEREAS, on June 19, 2002, the City Commission adopted Resolution No. 2002-
24900, approving a Lease with Roma Waxing, Inc. for the a portion of City-owned property,
located at 771 17th Street, which Lease expired on November 30, 2008; and
WHEREAS, on July 15, 2009, the Mayor and City Commission adopted Resolution
No. 2009-27129, entering into a new Lease Agreement with Roma Waxing, for 1,290.59
square feet of City-owned property, located at 1701 Meridian Avenue, Unit 3 (a.k.a. 771
17th Street), Miami Beach, Florida, which Lease expires on July 31, 2012; and
WHEREAS, Roma Waxing, Inc. (hereinafter Tenant/Assignor) has requested that
the City consent to an assignment and assumption of the Lease Agreement to SB Waxing,
Inc. (hereinafter new Tenant/Assignee); and
WHEREAS, concurrent with approval and execution of the attached Consent to
Assignment and Assumption of Lease Agreement, a First Amendment to the Lease
Agreement is also necessary to reflect Tenant/Assignee's notification information; and
WHEREAS, the Administration would hereby recommend that the Mayor and City
Commission approve the attached Consent to Assignment and Assumption of Lease
Agreement and First Amendment to the Lease Agreement.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve the attached Consent to Assignment and Assumption of
Lease Agreement and First Amendment to that certain Lease Agreement by and between
the City and Roma Waxing, Inc., dated July 15, 2009, for the lease of 1268.87 square feet
of City-owned property, located at 1701 Meridian Avenue, Unit 3 (a.k.a. 771 17 h Street),
Miami Beach, Florida, which provides for Roma Waxing, inc. (as Tenant/Assignor) to
assign its leasehold interest to SB Waxing, Inc. (as the new Tenant/Assignee) and further
authorizing the Mayor and City Clerk to execute same.
PASSED and ADOPTED this 9th day of December, 2009.
ATTEST:
Get,
Robert Parcher, CITY CLERK
tti Herrera Bower, MAYOR
JMG\HMF\AP\rlr
F:\RHCD\$ALL\ECON\$ALL\ASSET\777-17th Street\Roma\ConsentToAssignment8~1stAmendment.RES.doc
a~aovEO as m
FORM & LANQUAQE
d~ F08 EXECUTION
~~
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution approving a Consent to Assignment and Assumption, and First Amendment of the
City's Lease Agreement with Roma Waxing, Inc. for use of 1,290.59 SF of City-owned property,
located at 1701 Meridian Avenue, Unit 3 (a.k.a. 771 17th Street), which provides for Roma Waxing
to assign its leasehold interest to SB Waxing, Inc.
,ey rntenaea outcome supportea:
Increase resident satisfaction with the level of services and facilities.
Supporting Data (Surveys, Environmental Scan, etc.):
Approximately 40% of retail businesses surveyed, rank Miami Beach as one of the best places to
do business and 61 % of the same group would recommend Miami Beach as a place to do
business.
Issue:
Should the City Commission approve the Consent to Assignment and Assumption of the Lease
Agreement and a First Amendment to the Lease Agreement?
item summaryir•cecommenaatron:
On October 17, 2001, the City Commission adopted Resolution No. 2001-24661, authorizing the
purchase of 1701 Meridian Avenue with the intention of preserving the retail environment on the
ground floor of the property.
On June 19, 2002, the City Commission adopted Resolution No. 2002-24900, approving a Lease
with Roma Waxing, Inc. for the aportion ofCity-owned property, located at 1701 Meridian Avenue,
Unit 3 (a.k.a. 771 17th Street), which Lease expired on November 30, 2008. Subsequently, on July
15, 2009, the Mayor and City Commission adopted Resolution No. 2009-27129, entering into a
new Lease Agreement with Roma Waxing, for use of the same City-owned property, which Lease
expires on July 31, 2012.
Two of the three principals of Roma Waxing, Inc. have created SB Waxing, Inc., a new corporate
entity.
Roma Waxing, Inc. has requested that the City consent to an assignment and assumption of the
Lease Agreement to SB Waxing, Inc. Concurrent with approval and execution of the Consent to
Assignment and Assumption of Lease Agreement, a First Amendment to the Lease Agreement is
also necessary to reflect SB Waxing's notification information.
Advisory Board Recommendation:
Financial Information:
Source of Funds: Amount Account
n/a ~- n/a
Financial Impact Summary:
Clerk's Office Legisl~
is Parekh. ext. 6471
Sign-Offs:
Department Director Assista City Manager City Manager
AP H JMG
T:\AGENDA\2009\December 9\Regular\Roma Waxing Consent To Assignmen~ & 1 Amendment.S~c
Q ~ ~ AGENDA DATE C~~
(~ ~ ~
m MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
To: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: December 9, 2009 +~
~/
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING A CONSENT TO
ASSIGNMENT AND ASSUMPTION OF LEASE AGREEMENT AND A
FIRST AMENDMENT TO THAT CERTAIN LEASE AGREEMENT BY AND
BETWEEN THE CITY AND ROMA WAXING, INC., DATED JULY 15,
2009, FOR THE LEASE OF 1,290.59 SQUARE FEET OF CITY-OWNED
PROPERTY, LOCATED AT 1701 MERIDIAN AVENUE, UNIT 3 (A.K.A.
771 17TH STREET), MIAMI BEACH, FLORIDA, WHICH PROVIDES FOR
ROMA WAXING, INC. (AS TENANT/ASSIGNOR) TO ASSIGN ITS
LEASEHOLD INTEREST TO SB WAXING, INC. (AS THE NEW
TENANT/ASSIGNEE); FURTHER AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE SAME
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
BACKGROUND
At its October 17, 2001 meeting, the City Commission passed Resolution No. 2001-24661
authorizing the purchase of 1701 Meridian Avenue to address the City's ongoing need for
administrative office expansion. Also in consideration was the preservation of a retail
environment on the ground floor of the property. At that time, it was determined that
retention of the retail component would be conducive to maintaining and enhancing the
pedestrian character of the linkage between Lincoln Road Mall and the Civic/Convention
Center area. This past year, staff conducted a space planning analysis of City-owned
buildings, reviewed and approved by the Finance and Citywide Projects Committee, which
indicated that the usage of the first floor of 1701 Meridian Avenue building was to remain a
primary use for commercial retail space.
ANALYSIS
Among its leases with retail operators at 1701 Meridian Avenue (a.k.a. 771 17th Street),
the City has been leasing retail space to Roma Waxing, Inc. (Roma) for use as a hair
removal facility. The City first entered into a Lease Agreement with Roma Waxing, Inc. on
June 19, 2002, pursuant to Resolution No. 2002-24900, which Lease expired on November
30, 2008. Upon expiration of the Lease, Roma Waxing continued to occupy the retail space
Commission Memorandum
Roma Waxing, Inc.
December 9, 2009
Page 2 of 2
until the aforementioned space planning analysis was completed. On July 15, 2009, the
Mayor and City Commission adopted Resolution No. 2009-27129, entering into a new
Lease Agreement with Roma Waxing, Inc. for 1,290.59 s~uare feet ofCity-owned property,
located at 1701 Meridian Avenue, Unit 3 (a.k.a. 771 17 h Street), Miami Beach, Florida,
which Lease is scheduled to expire on July 31, 2012.
Roma Waxing, Inc. is a family-owned Florida corporation. Its three principals are as
follows:
1) Noemi Grupenmager, President/Director, along with her two daughters;
2) Romina Szperling, Director; and
3) Vanesa Szperling, Director.
In September 2009, two of the Directors of Roma Waxing, Inc. (daughters Romina and
Vanesa) created SB Waxing, Inc., a new Florida corporation. Roma Waxing (as
Tenant/Assignor) has requested that the City consent to an assignment and assumption of
the Lease Agreement to SB Waxing, Inc. (as Tenant/Assignee).
A Consent to Assignment and Assumption of Lease Agreement, if approved by the City
Commission, will permit SB Waxing, Inc. to assume the Lease Agreement for use of
1290.59 square feet ofCity-owned property, commencing on January 1, 2010, through the
Lease expiration date of July 31, 2012. Pursuant to the Consent to Assignment and
Assumption of Lease Agreement ,Roma Waxing, Inc. is assigning to SB Waxing, Inc., and
SB Waxing, Inc. is assuming from Roma Waxing, Inc., all of Roma's rights, title, interest
and obligations pursuant to the Lease Agreement.
Concurrent with the approval and execution of the Consent to Assignment and Assumption
of Lease Agreement, a First Amendment to the Lease Agreement is also necessary to
reflect SB Waxing's notification information.
All other terms and conditions of the Lease Agreement shall remain unchanged and in full
force and effect.
CONCLUSION
The Administration recommends that the Mayor and City Commission consent to an
Assignment and Assumption of Lease Agreement, and First Amendment of the Lease
Agreement by and between the City and Roma Waxing, Inc. for the lease of the City-
owned property, located at 1701 Meridian Avenue, Unit 3 (a.k.a. 771 17th Street), Miami
Beach, Florida, to be assumed by SB Waxing, Inc.
JMG\HMF\AP\rlr
T:\AGENDA\2009\December 9\Regular\Roma Waxing Consent To Assignment & 1st Amendment.MEM.doc