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Home My WebLink About2006-26282 Reso RESOLUTION NO. 2006-26282 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AN ASSIGNMENT AND SECOND AMENDMENT TO THAT CERTAIN LEASE AGREEMENT BY AND BETWEEN THE CITY AND VIDAL TAN SOON, INC., DATED FEBRUARY 23, 2004, FOR THE LEASE OF APPROXIMATELY 1700 SQUARE FEET OF CITY-OWNED PROPERTY, LOCATED AT 767 1ih STREET, MIAMI BEACH, FLORIDA, WHICH PROVIDES FOR VIDAL TAN SOON, INC. (AS TENANT/ASSIGNOR) TO ASSIGN ITS LEASEHOLD INTEREST TO DAMIAN J. GALLO & ASSOCIATES, INC. (AS THE NEW TENANT/ASSIGNEE); FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAME WHEREAS, the City has been leasing to Tenant/Assignor, Vidal Tan Soon, Inc., the City-owned property, located at 767 1 ih Street, Miami Beach, Florida, for Tenant/Assignor's use as a tanning salon under the terms and conditions of that certain Lease Agreement, dated February 23, 2004 (as amended); and WHEREAS, the Tenant/Assignor, Vidal Tan Soon, Inc., and the new Tenant/Assignee, Damian J. Gallo & Associates, Inc., have agreed to an amendment and assignment of said Lease Agreement; and WHEREAS, the aforestated assignment requires the City's consent; additionally, the parties hereto wish to further amend the Lease Agreement; and WHEREAS, the forgoing Second Amendment and Assignment of the Lease Agreement shall have an effective date of September 15, 2006, and remain in effect throughout the remainder of the current term, scheduled to expire on April 14, 2009. 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 approve the attached Assignment and Second Amendment to that certain Lease Agreement by and between the City and Vidal Tan Soon, Inc., dated February 23, 2004, for the lease of approximately 1700 square feet of City-owned property, located at 767 1 ih Street, Miami Beach, Florida, which provides for Vidal Tan Soon, Inc. (as Tenant/Assignor) to assign its leasehold interest to Damian J. Gallo & Associates, Inc. (as the new Tenant/Assignee); further authorizing the Mayor and City Clerk to execute same. VIlJAL TAf.J 5:'00"-' 02 oOlo -) to '1- 8 A.. ATTEST: PASSED and ADOPTED this ~ day of September, 2006. / J ~ ~"d rCu~ Robert Parcher, CITY CLERK JMG\ TH\ACV\rlr F:\DDH P\$ALL IASSET\777 -17th Street\ Vidal\ConsentT oAssignment&2ndAmendment. RES.doc COMMISSION ITEM SUMMARY Condensed Title: Resolution Approving Assignment and 2" Amendment to Vidal Tan Soon Lease Agreement Ke Intended Outcome Su orted: Increase resident satisfaction with availbility of commercial service options Issue: Shall the Mayor and City Commission Adopt the Resolution Item Summary/Recommendation: The City's Tenant, Vidal Tan Soon, Inc. located on City-owned property at 767 17m Street and Damian J. Gallo & Associates have agreed to an amendment and assignment on the Lease Agreement which requires the City's consent under the terms of the lease agreement. The Second Amendment and Assignment of the Lease Agreement will be effective September 15, 2006 and remain in effecte for the remainder of the current term, expiring on April 14, 2009. The Administration recommends that the Mayor and City Commission adopt the Resolution approving Second Amendment and Assignment of the Lease Agreement. Advisory Board Recommendation: I N/A Financial Information: Source of Funds: Approved D OBPI Financial Impact Summary: Ci Clerk's Office Le islative Trackin Asset Management City Manager TH --- / F:\DDH P\$ALL IASSET\777 -17th StreetWidal\ConsentT oAssignment&2ndAmendment.SU M. DC in ..., MIAMI BEACH AGENDA ITEM DATE C78 9-6 -t?~ lD MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeochfl.gov COMMISSION MEMORANDUM FROM: Mayor David Dermer and Members of the City Commission Jorge M. Gonzalez, City Manager.,. ~ September 6, 2006 () A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AN ASSIGNMENT AND SECOND AMENDMENT TO THAT CERTAIN LEASE AGREEMENT BY AND BETWEEN THE CITY AND VIDAL TAN SOON, INC., DATED FEBRUARY 23,2004, FOR THE LEASE OF APPROXIMATELY 1700 SQUARE FEET OF CITY-OWNED PROPERTY, LOCATED AT 76717th STREET, MIAMI BEACH, FLORIDA, WHICH PROVIDES FOR VIDAL TAN SOON, INC. (AS TENANT/ASSIGNOR) TO ASSIGN ITS LEASEHOLD INTEREST TO DAMIAN J. GALLO & ASSOCIATES, INC. (AS THE NEW TENANT/ASSIGNEE); FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAME TO: DATE: SUBJECT: ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOME SUPPORTED To increase resident satisfaction with availability of commercial service options. ANALYSIS Vidal Tan Soon, inc. entered into a lease agreement on February 23, 1994 with Gazit Meridian, Inc. for approximately 1700 square feet of property at 767 1 ih Street. The building, commonly known as 777 1 ih Street, was subsequently bought by the City with the active leases being assumed as part of the purchase. The initial lease agreement with Vidal Tan Soon, inc. was for a term of five (5) years and was recently renewed on January 15, 2004 for a second renewal of five (5) years. The minimum guaranteed rental was established at $30,600.00 annually to be paid in 12 equal monthly installments of $2,550.00. The minimum guaranteed rental increases annually by the Consumer Price Index and is currently established at $3368.48 monthly. Under the lease agreement, the tenant is responsible for all utilities and, at its own expense, must repair and maintain all of the Premises without limitation. The lease agreement provides that the tenant shall not assign or sublet the lease without the prior written consent of the Landlord (City) and that the Landlord shall not reasonably withhold consent. The Tenant use is identified as Tannina Salon. Beautv Salon. and related sales and services, and that any assignment or sublease shall be for that purpose. The Tenant now is requesting that the City waive this clause in consideration of Damien J. Gallo & Associates, a business that provides solutions for building code compliance, permitting and inspection management for construction projects which include Canyon Ranch, Saxony, Commission Memorandum-Vidal Tan Soon September 6, 2006 Page 2 Setai Hotel, Bath Club and large contractors such as Turner Construction, Bobis Landlease, KM Plaza, Skanska Construction Company and Solfulk Construction. Established in 2005, they had previously been working under the name of Mr. Fix It, inc. conducting construction management and permit administration since 1999. The company's corporate office is located at 2400 Red Road, Miami, Florida 33155 and they have a branch office located at 220 715t Street, Miami Beach. According to the terms of the Lease Agreement, the assignment would not relieve Tenant from any of its obligations. Vidal Tan Soon, inc. has announced that they are closing their business operations at all locations and is requesting that the Mayor and City Commission approve a Second Amendment and Assignment of the Lease Agreement to Damian J. Gallo & Associates, inc. to commence on September 15, 2006 and expire on April 14, 2006 for the approximate 1700 square feet of City-owned property which is currently under their leasehold. The new Tenant/Assignee, Damien J. Gallo & Associates, inc. has agreed to the terms and will submit to the City a security deposit of six thousand dollars ($6,000). The Tenant is current with the City on rent payments. Should the Mayor and City Commission decide not to approve the Second Amendment and Assignment request the City will follow due process in terminating the lease agreement and recover possession of the property. CONCLUSION Based on the aforementioned, the Administration recommends that the Mayor and City Commission approve the Second Amendment and Assignment to the Lease Agreement by and between the City and Vidal Tan Soon, inc., dated February 23,2004, for the lease of approximately 1700 square feet of City-owned property, located at 767 17th Street, Miami Beach, Florida, which provides for Vidal Tan Soon, inc. (as Tenant/Assignor) to assign its leasehold interest to Damian J. Gallo & Associates, inc. (as the new Tenant/Assignee). T:\AGENDA \2006\sep0606\consent\ConsentT oAssignment&2ndAmendment.MEM .doc Damian J. Gallo & Associates - PermitdoctoLcom Page 1 of 1 a?'"'S:::2.. 1ftAE i11j~'''f' rafQfE'1~ (' '1'" 1 l-"~". . CIH@f{fJft@lk~ The following individuals are Building Owners, Developers or Professionals currently receiving benefits from our Professional Services. TURNER Construction Company. (Certificate of Occupancy & Completion) Flamingo & Many Large Construction Developments Mark Small, S.P.M. 305.993-4770 AIMCO, LLC. The Grand Flamingo (2000 units, South Beach) Dan Sanger, Project Manager 305.673-3273 CMS, Inc. Treasure on the Bay (500 Units, North Bay Village) Michael Flood, Partner 305.886-8745 ByHall, LLC. 401 BLU (208 Units, North Beach) Bill Arthur, Senior P.M. 305.753-5057 Cobalt Capital Companies, LTD. Simone Hotel-Madison-London-Trio, Barclay & Allen (Miami Beach Condo Conversions) Jeff Clark, President. 413.788-9000 Barton G. Events 80. Restaurant's. Sunset Island-BGW-Restaurant-Industrial Kitchen- Events (Residential & Multiple Business) Barton G. Weiss, Owner. 305.576-8888 Greenberg-Traurig, P.A. Multiple services in representations of clients. (Building Permits Closure and Certifications) Alfredo J Gonzalez P.A., 305.579-0588 Developers 80. Management Consulting. Inc. (Permit Administration & Management) Multiple Commercial projects South Beach German Previsdomini, President 305.992-7443 Diversify Construction 80. Concrete Restoration, Inc. (Plan Processing & Permits Acquisition) All over South Beach, high rise renovations. Erick Franco, Contract & Permitting Administrator 305.245-4306 Ext. 1 William Hamilton Arthur, AlA. (Inspection Management) Arrhit~,..tt lr::d I=irm mllltinlllO c:.nllth Rp::lIrh Prniprtc:: http://permitdoctor.coml entrance.html 08/31/2006