F 1. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING, FOLLOWING SECOND READING/PUBLIC HEARING, PURSUANT TO SECTION 82-37(A)(2) OF THE CITY CODE, AN AMENDED AND RESTATED LEASE AGREEMENT ("LEASE AMENDMENT"), ATTACHED TO THE COMMISSION MEMORANDUM ACCOMPANYING THIS RESOLUTION, BETWEEN THE CITY OF MIAMI BEACH ("CITY") AND 1 WASHINGTON AVENUE CORP. D/B/A SMITH & WOLLENSKY RESTAURANT (THE "TENANT"), THE CURRENT LONG-TERM RESTAURANT OPERATOR OF THE CITY-OWNED PROPERTY LOCATED AT 1 WASHINGTON AVENUE, MIAMI BEACH, FLORIDA, AS DESCRIBED MORE PARTICULARLY IN THE LEASE AMENDMENT (THE "PREMISES"), FOR THE CONTINUED OPERATION OF THE SMITH & WOLLENSKY RESTAURANT, WHICH LEASE AMENDMENT SHALL PROVIDE FOR: (1) AN EXTENSION TO THE TERM OF THE EXISTING LEASE, THROUGH DECEMBER 31, 2045, WITH TWO (2) 10-YEAR RENEWAL TERM OPTIONS; (2) INCREASED RENT DUE TO THE CITY FOR THE PREMISES, WHICH SHALL BE THE GREATER OF $1,042,550 ANNUALLY, SUBJECT TO A 2.5% ANNUAL ESCALATOR, OR 9% OF THE TENANT'S GROSS REVENUES; (3) TENANT IMPROVEMENTS TO THE PREMISES, INCLUDING UPGRADES AND COMPLETION OF THE 40- YEAR RECERTIFICATION FOR THE PREMISES; AND (4) COMMUNITY BENEFITS, INCLUDING, THE REIMBURSEMENT OF THE CITY'S COSTS, IN AN AMOUNT NOT TO EXCEED $60,000, FOR THE CITY'S INSTALLATION OF A SECURITY GATE FOR THE ENTRANCE TO THE SOUTH POINTE PARK PARKING LOT, AND FREE RESTAURANT MENTORSHIP SEMINARS, AT TENANT'S SOLE EXPENSE; FURTHER, PROVIDING THAT THE LEASE AMENDMENT SHALL BE SUBJECT TO AND CONTINGENT UPON APPROVAL BY A MAJORITY OF THE VOTERS VOTING IN A CITY-WIDE REFERENDUM PURSUANT TO SECTION 1.03(B)(1) OF THE CITY CHARTER; FURTHER, WAIVING, BY 5/7TH VOTE, THE COMPETITIVE BIDDING REQUIREMENT OF SECTION 82-39(A) OF THE CITY CODE, FINDING THAT THE PUBLIC INTEREST WOULD BE SERVED BY WAIVING SUCH CONDITION.
2. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING A CONCESSION AGREEMENT, ATTACHED AS AN EXHIBIT TO THE COMMISSION MEMORANDUM ACCOMPANYING THIS RESOLUTION, BETWEEN THE CITY OF MIAMI BEACH ("CITY") AND 1 WASHINGTON AVENUE CORP. D/B/A SMITH & WOLLENSKY RESTAURANT ("CONCESSIONAIRE") FOR THE MANAGEMENT AND OPERATION OF AN OUTDOOR FOOD AND BEVERAGE CONCESSION IN CONNECTION WITH CONCESSIONAIRE'S SMITH & WOLLENSKY RESTAURANT OPERATION LOCATED AT 1 WASHINGTON AVENUE, MIAMI BEACH, FLORIDA, WHICH CONCESSION AGREEMENT INCLUDES (1) A COMBINED OUTDOOR CONCESSION AREA OF 1,450 SQUARE FEET; (2) A TERM OF NINE YEARS COMMENCING ON JANUARY 1, 2022; AND (3) A CONCESSIONAIRE PAYMENT TO THE CITY CONSISTING OF THE GREATER OF A $400,000 MINIMUM GUARANTEE OR 10% OF GROSS REVENUES DERIVED FROM THE OPERATION OF THE CONCESSION AREA; AND FURTHER, WAIVING, BY 5/7TH VOTE, THE COMPETITIVE BIDDING REQUIREMENT OF SECTION 2-367(E) OF THE CITY CODE, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY.