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2017-29710 Reso RESOLUTION NO. 2017-29710 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE; AND AUTHORIZING THE ADMINISTRATION TO NEGOTIATE A NEW LEASE AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND COLONY THEATRE CAFE, INC. D/B/A SEGAFREDO, FOR THE USE OF APPROXIMATELY 1,371 SQUARE FEET OF CITY-OWNED PROPERTY LOCATED AT 1040 LINCOLN ROAD, MIAMI BEACH FLORIDA. WHEREAS, RFP No. 19-07/08 was issued on February 14, 2008, with an opening date of April 18, 2008; and WHEREAS, on January 28th, 2009, the Mayor and City Commission adopted Resolution No. 2009-26994, approving a lease agreement (Lease) between the City of Miami Beach (Landlord) and Colony Theater Cafe, Inc. d/b/a Segafredo (Tenant), for the use of 1,371 square feet of City-owned property located at 1040 Lincoln Road, Miami Beach, Florida; and WHEREAS, the initial Lease term was for a period of three (3) years, commencing November 1, 2008 and ending October 31, 2011, with two (2) additional three (3) year renewal terms; and WHEREAS, Tenant has exercised all of its renewal options, and the Lease Agreement is due to expire on October 31, 2017; and WHEREAS, Tenant has requested an extension of the Lease; and WHEREAS, the Administration submitted Tenant's renewal request to the Finance and Citywide Projects Committee ("FCWPC") at its December 16, 2016 meeting, and the FCWPC recommended in favor of negotiating a new lease agreement with Tenant., 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 of the City of Miami Beach, Florida hereby accept the recommendation of the Finance and Citywide Projects Committee, and authorize the Administration to negotiate a new lease agreement with Colony Theatre Café Inc., d/b/a Segafredo, for the use of approximately 1,371 square feet of City-owned property located at 1040 Lincoln Road, Miami Beach Florida. PASSED and ADOPTED this 1/ day of L 441/ 2017. ATTEST if t,. Granado, C ` � ilip ,evi -(Mayor APPROVED AS TO T:\AGENDA\2017\1-January\TCED\Colo 1C•on �.� eA,greirnegt' 0 doc. FORM&LANGUAGE oRa�E� ( , &FOR EXECUTION $4a '_'� •<���-� ia.� .�! . /243h6 CIA �ey �P Date 4 L Resolutions - C7 P MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: January 11, 2017 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE; AND AUTHORIZING THE ADMINISTRATION TO NEGOTIATE A NEW LEASE AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND COLONY THEATRE CAFE, INC. D/B/A SEGAF REDO, FOR THE USE OF APPROXIMATELY 1,371 SQUARE FEET OF CITY-OWNED PROPERTY LOCATED AT 1040 LINCOLN ROAD, MIAMI BEACH FLORIDA. RECOMMENDATION Adopt the Resolution. BACKGROUND On January 28th, 2009, the Mayor and City Commission adopted Resolution No. 2009-26994 approving a new lease agreement (Lease Agreement) between the City and Colony Theater Café , Inc. d/b/a Segafredo (Tenant), for the use of 1,371 square feet of City-owned property located at 1040 Lincoln Road, Miami Beach, Florida (Premises). The initial lease term was for a period of three (3) years, commencing November 1, 2008 and ending October 31, 2011, with two (2), three (3) year renewal terms. ANALYSIS Colony Theatre Café is a full service restaurant and bar with an active sidewalk café permit authorized for forty-eight (48) tables and one hundred eighty-three (183) seats on Lincoln Road. The sidewalk café permit is separate from the Lease Agreement for the Premises; however, the City receives percentage rent from the combined operations. The lease was extended for both renewal terms with the second and final renewal term expiring October 31, 2017. The basic terms of the current lease are as follows: Premises: 1040 Lincoln Road Initial Term: Three (3) years commencing November 1, 2008 and ending October31, 2011 Renewal Terms: Two (2) renewal terms for three (3) years each (second and final renewal term expires October 31, 2017) 319 Size : The total lease area consists of approximately 1,371 square feet delineated as follows: 769 SF restaurant/cafe space 100 SF Colony Theatre storage space 196 SF Colony Theatre lobby food & beverage concession 306 SF off-site dumpster/storage area Since the 196-square foot lobby concession is intended only for Colony Theatre patrons, and since the 306-square foot dumpster/storage area is located off-site, the remaining 869 square feet (769 SF cafe plus 100 SF storage) is an adjusted square footage which more accurately reflects the revenue generating area occupied by Tenant. Rental Rate: The greater of Base Rent, in the amount of $217,174 for contract year 2015/16; or 6.5% of Gross Receipts (excepting allowable deductions), in the amount of$218,958 for contract year 2015/16. The following chart illustrates the rent revenue figures for the most recent four(4) contract years: Contract Year 2012/13 2013/14 2014/15 2015/16 Gross Receipts $3,930,036 $3,950,755 $3,804,587 $3,368,585 Base Rent $205,809 $230,949 $222,251 $217,174 Percentage Rent $49,643 $25,850 $25,047 $1,784 Total Rent $255,452 $256,799 $247,298 $218,958 Rent per Square Foot(869 SF) $294 $296 $285 $252 FINANCE & CITYWIDE PROJECTS COMMITTEE The Administration presented the above information at the December 16, 2016 Finance and Citywide Projects Committee ("FCWPC") meeting. The FCWPC considered this matter and recommended in favor of negotiating a new lease agreement with Colony Theatre Café. CONCLUSION The Administration recommends accepting the recommendation of the Finance and Citywide Projects Committee. Legislative Tracking Tourism, Culture and Economic Development ATTACHMENTS: 320 Description o Resolution 321