Ratifying the actions of the city attorney, and further directing, and authorizing the city…

CITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: George K. Wysong III, City Attorney DATE: March 13, 2025 RE: City Commission Meeting -March 13, 2025 A Resolution of the Miami City Commission, With Attachments, Directing and Authorizing the City Manager and the City Attorney to Take Any And All Actions Against Bayside Seafood Restaurant, Inc. File No.: 17271 The proposed resolution seeks authorization to proceed with legal action against Bayside Seafood Restaurant, Inc. to collect monies owed pursuant to its Revocable Permit with the City dated December 21, 1994. Attachment(s) cc. Art Noriega, V, City Manager Miriam M. Santana, Agenda Coordinator Attachment(s) 17271 Composite Exhibit A 17271 Exhibit B 17271 Exhibit C City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com City of Miami Legislation Resolution File Number: 17271 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DIRECTING AND AUTHORIZING THE CITY ATTORNEY TO PROCEED WITH LEGAL ACTION, IF NECESSARY, AGAINST BAYSIDE SEAFOOD, INC., REGARDING THE PROPERTY LOCATED AT 3501 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA, TO COLLECT MONIES OWED PURSUANT TO THE REVOCABLE PERMIT AGREEMENT DATED DECEMBER 21, 1994, AS AMENDED ON DECEMBER 5, 1997, AND DECEMBER 26, 2001, ATTACHED AND INCORPORATED AS COMPOSITE EXHIBIT "A." WHEREAS, the City of Miami (“City”) owns the property located at 3501 Rickenbacker Causeway in Miami, Florida (“Property”); and WHEREAS, the City entered into a Revocable Permit regarding the Property with Bayside Seafood Restaurant, Inc. (“Bayside”) dated December 21, 1994 and amended thereto on December 5, 1997, and December 26, 2001, attached and incorporated as Composite Exhibit “A,” (collectively, “Agreement”); and WHEREAS, Bayside occupied the Property until on or about October, 2023, when the City sent Bayside a letter notifying Bayside that the Agreement would be terminated absent Bayside’s curing of all defaults within ten days of the letter (“Termination Letter”), a copy of which is attached and incorporated as Exhibit “B”; and WHEREAS, the Termination Letter specified that Bayside materially breached the Agreement by failing to pay the fees owed under the Agreement, as described in the Audit of Bayside Restaurant Seafood, Inc., Audit No. 24-01, attached and incorporated as Exhibit “C,” failing to comply with applicable laws; failing to maintain insurance; and by undertaking construction, repairs, alterations or improvements without complying with the relevant provisions of the Agreement, among other defaults; and WHEREAS, the City wishes to proceed with legal action, if necessary, against Bayside to collect monies owed pursuant to the Lease;

NOW THEREFORE,

BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Attorney is authorized1 to proceed with legal action, if necessary, against Bayside to collect monies owed pursuant to the Lease. Section 3. This Resolution shall become effective immediately upon its adoption. 1 The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to, those prescribed by applicable City Charter and City Code provisions. APPROVED AS TO FORM AND CORRECTNESS: