R7G - Revise Sobe Toscana Lease

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING, FOLLOWING A DULY ADVERTISED PUBLIC HEARING, REVISIONS TO THE PROPOSED LEASE AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA (LANDLORD) AND SOBE TOSCANA, LLC (TENANT), WHICH WAS APPROVED THROUGH RESOLUTION NO. 2025-33790 ON JUNE 25, 2025 FOR THE OUTDOOR CAFE AREA AT 22 WASHINGTON AVENUE; AS FOLLOWS: (I) MODIFYING SECTION 2.3 TO CLARIFY TENANT’S TERMINATION RIGHT IF THE 816 COMMERCE STREET LEASE OR THE EASEMENT AGREEMENT TERMINATES; (II) ADDING SECTION 2.4 TO CONFIRM THE SURVIVAL OF TENANT’S OBLIGATIONS UNDER THE EASEMENT AGREEMENT; (III) MODIFYING SECTION 8.1 TO ALLOW MODIFICATION OF HOURS OF OPERATION CONSISTENT WITH LAW AND ADMINISTRATIVE APPROVALS; (IV) MODIFYING SECTION 8.4 TO GRANT TENANT A REVOCABLE LICENSE TO PLAY PRE-RECORDED BACKGROUND MUSIC AT AMBIENT LEVELS SUBJECT TO COMPLIANCE WITH ALL APPLICABLE LAWS AND CITY REGULATIONS; AND FURTHER; AUTHORIZING THE CITY MANAGER TO FINALIZE THE LEASE AGREEMENT; AND FURTHER, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE LEASE AGREEMENT.