3rd Amendment to Boucher Bros Beachfront Concessionaoo~'-~7/~2~
THIRD AMENDMENT TO
AMENDED AND RESTATED
BEACHFRONT CONCESSION AGREEMENT BETWEEN
CITY OF MIAMI BEACH, FLORIDA AND
BOUCHER BROTHERS MIAMI BEACH LLC
FOR MANAGEMENT AND OPERATION OF BEACHFRONT CONCESSIONS
THIS THIRD AMENDMENT TO THE AMENDED AND RESTATED
BEACHFRONT CONCESSION AGREEMENT made this 15th day of July , 2009,
between the CITY OF MIAMI BEACH, a municipal corporation of the State of Florida
(hereinafter called "City"), having its principal address at 1700 Convention Center Drive,
Miami Beach, Florida, 33139, and BOUCHER BROTHERS MIAMI BEACH LLC, a
limited liability company of the State of Florida, with offices at 420 Lincoln Road, Suite
265, Miami Beach, Florida, 33139 (hereinafter called "Concessionaire").
WITNESSETH
WHEREAS, the City and Concessionaire are parties to an Amended and
Restated Beachfront Concession Agreement, dated May 18, 2005, for the operation and
management of beachfront concessions on the beaches seaward of Lummus Park,
Ocean Terrace, and North Shore Open Space Park (the Concession Agreement or the
Agreement); and
WHEREAS, on January 11, 2006, the Mayor and City Commission adopted
Resolution No. 2006-26102, approving an amendment to the Concession Agreement,
authorizing a five (5) year renewal term (as provided for therein); said renewal term
commenced on November 5, 2006, and is set to expire November 4, 2011; and
WHEREAS, on April 16, 2008, the Mayor and City Commission adopted
Resolution No. 2008-26788, approving a Second Amendment to the Concession
Agreement, providing for the City-requested inclusion of an additional concession area
adjacent to Bandshell Park (the beachfront area adjacent to Collins Avenue, between
72nd and 73rd Streets); and;
WHEREAS, the City and Concessionaire have agreed to a Third Amendment to
the Concession Agreement, providing for reconfiguration of the fenced storage area on
the north side of the 10th Street Auditorium, for use by Concessionaire for storage and
for a dumpster facility.
NOW THEREFORE, in consideration of the premises and the mutual covenants
and conditions herein contained and other good and valuable consideration, the receipt
and adequacy of which are hereby conclusively acknowledged, it is agreed by the
parties hereto to amend the Concession Agreement as follows:
1) Section 10.2, on Page 30 of the Agreement, shall be shall be amended as
follows (deleted items st~sae and inserted items underlined):
10.2 Garbage Receptacles and Fenced Storaq_e Area.
With respect to litter, garbage and debris removal, the Concessionaire
shall provide, at its sole cost and expense, receptacles within the confines
of the Concession Area(s) and shall provide a sufficient number of these
receptacles for its own use and for the use of the public. Disposal of the
contents of said receptacles and removal of litter, garbage and debris
within the Concession Area(s), shall be done on a daily basis, and shall be
the sole responsibility of the Concessionaire. The Concessionaire shall be
permitted, at its sole cost and expense, to utilize the meter fenced
storage area on the north side of the 10th Street Auditorium (as defined in
Subsection 10.2.1) to place one (1) dumpster, but must provide for its
disposal. Q~• +"° (~,,.„.„°.,,,°.,.,°.,+ n^+° At all times during the Term herein,
Concessionaire shall e~teF-ie#~ maintain in full force and effect an
agreement with a trash hauler for waste disposal at the 10th Street
dumpster facility and provide a copy of such agreement to the City. Any
costs for removal of the contents of said trash receptacles by the City,
because of the Concessionaire's failure to do the same, will be assessed
upon, and become the responsibility of the Concessionaire. The dumping
or disposal of any refuse, discards, trash or garbage, generated by, or as
a result of the concession operations, into any of the Miami-Dade County
trash receptacles, by the Concessionaire (including its staff and
employees), shall be strictly prohibited. Determination of the "number" of
receptacles shall at all times be within the City's sole discretion, and
Concessionaire shall agree to be bound by same.
10.2.1 Concessionaire shall also be permitted to utilize ~esa#~-~~d
cnh• Fiv° /7 + by fiu°n+~• five M~\
e~er~ a tw b}~ee~-y-r~~~-~.~-x.07 one thousand
four hundred forty (1,440) square foot fenced storage area adjacent
to the ~'~ ~^^^°+°r ^,-°^ ^^ +"° north side of the 10th Street Auditorium,
in accordance with Exhibit 10.2.1, for the sole purpose of storing_
beach chairs. chair pads, sun
canopies, towels, trailers umbrellas and watersport equipment
(i.e.: banana boat. kayak, and waverunners) used by
Concessionaire in its operations hereunder as well as for locating
the dumpster intended to service the Concession Area (and as
referenced in Subsection 10.2).
,
.The Citv
shall be responsible for the design construction and installation of
the fenced storage area, with such means and methods for same to
be determined by the City in its sole discretion and judgment
provided. however, that Concessionaire shall be responsible for its
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proportionate cost of same, in the agreed amount of Four
Thousand Two Hundred Thirty Eight ($4,238.00 Dollars.
Concessionaire agrees that the fenced storage area shall only be
used for the purposes delineated in this Subsection 10.2.1 and
shall not be utilized as a building/construction, repair and/or
workshop area, including, but not limited to, the fuelings repair, and
servicing of any watersport equipment and/or vehicle, and/or the
building/construction, maintenance and repair of any beach
equipment and/or dispensing/storaae facilities.
Concessionaire shall be solely responsible for maintaining the
fenced storage area.
2. Except as otherwise specifically amended herein, all other terms and conditions
of the Concession Agreement shall remain in full force and effect. In the event
there is a conflict between the provisions provided herein and the Concession
Agreement, the provisions of this Third Amendment shall govern.
IN WITNESS WHEREOF, the parties hereto have caused their names to be
signed and their seals to be affixed, all as of the day and year first above written,
indicating their agreement.
Attest:
~~~tti~ P~~~~
Robert Parcher, City Clerk
CITY OF MIAMI BEACH, FLORIDA
atti rrera Bo er, Mayor
Attest:
Secretary
~~d~~ eo~t~(~~ S~cr~~
(Print Name and Title of Signatory)
BOUCHER BROTHERS MIA E H LLC
Signature
~'ke+os R 8oke ,r~,c ~t,ES~a~, f
(Print Name and Title of Signatory)
APPROVED AS TO
FORM & LANGUAGE
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EXHIBIT 10.2.1
Fenced Storage Area
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