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File Ref. #126 ~ LOEWS CORPORATION C/~ CUs.MJjj fHe 1-t1- fll Zb-lt:c~~t11 Z~ '11 P<-qf) IA. A-fV r 'CO ~ () I- 2 V7 -f(, P>~S6fJ oN 1+ C{)IV v c.....$o It- Tt Ovv lG~/1J I 11, ~ "/\'"1 L "'I' Y - / 2/lT If! Anita Dichter Counsel VIA AIRBORNE December 16, 1998 Larry Levy, Esq. Assistant City Attorney City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Re: Beach Concession Agreement dated October 1st, 1998 between City of Miami Beach ("City") and MB Redevelopment, Inc. ("Concessionaire") Dear Larry: Enclosed please find the above-referenced Beach Concession Agreement, revised in accordance with our telephone conversation with your office, and blacklined to reflect changes from the previous draft. Also enclosed are four originals of the document executed on behalf of MB Redevelopment, Inc. Please send us two fully executed originals as soon as possible. I look forward to speaking with you soon. Sincerely, t2&~/ AD/mm enc. Anita Dichter \ i~ Jt- z,. Olll Cfi~ cc: Jack S. Adler J.K. Cavanagh Gary W. Garson Marc Shapiro John G. Malino Harry Talbot Jorge Gonzalez Eric Nesse " \{)//'\\\ ;:xSV-' 'D~\' ~)\jJ / ,~' /\ d,," " (. ~/.' \, ';\ I Vt/ (I,\' . \; , P' \ .! \ \'" ( L;' ":' '. : ~ ..1 , i l~ 667 Madison Avenue, New York, New York 10021- 8087 · Voice: 212.521.2962 · Fax: 212.521.2997 BEACH CONCESSION AGREEMENT THIS BEACH CONCESSION AGREEMENT ("Agreement") made the 1st day of October, 1998 between the City of Miami Beach, a municipal corporation of the State of Florida (hereinafter called the "City") and MB Redevelopment, Inc., a Florida corporation, with offices at 667 Madison Avenue, New York, New York 10021-8087 (hereinafter called the "Concessionaire"). WIT N E SSE T H: WHEREAS, the State of Florida (the "State"), acting by and through the Trustees of the Internal Improvement Trust Fund, owns all beach property within the City of Miami Beach (the "City") that lies seaward of the erosion control line; and WHEREAS, the City and the State have heretofore entered into a Management Agreement dated February 3, 1982 (Agreement No. 750-0006, subsequently renumbered Management Agreement No. 3595, and hereinafter referred to as the "Beachfront Management Agreement"), pursuant to which the City agreed, among other things, to maintain the beaches lying within the City limits; and WHEREAS, the City is vested with jurisdiction over and control of all City parks and open space in the City of Miami Beach and is responsible for the operation and maintenance of such facilities under its jurisdiction as may be necessary, desirable or convenient 'for the use of the public for healthful recreation; and WHEREAS, the City has heretofore executed, for certain limited purposes, that certain Agreement of Lease (the "Ground Lease") between the Miami Beach Redevelopment Agency (the "Owner") and MB Redevelopment, Inc., as tenant, dated as of September 20, 1996, pursuant to which, among other things, Owner leased to Concessionaire the land (the "Land") underlying the Loews Miami Beach Hotel at 1601 Collins Avenue, Miami Beach, Florida (the "Hotel"); and WHEREAS, pursuant to the Ground Lease, the City has agreed to grant to the Concessionaire the exclusive privilege of operating a concession on the beach at the Concession Area (as hereinafter defined) to provide goods and services as hereinafter described, and the City and Concessionaire desire to enter into this Agreement for the operation of said concession. NOW, THEREFORE, in consideration of the premises and the mutual covenants and conditions herein contained, it is agreed by the parties hereto as follows: 1. Grant of Concession. The City hereby grants to Concessionaire, and Concessionaire hereby accepts from the City, an exclusive agreement to operate the following described concession on the beach west of the sand dunes and east of the sand dunes immediately adjacent and east of the Hotel and having a width from the northerly boundary to the southerly boundary of the Land (the "Concession Area") and in accordance with the purpose and for the period stated herein and subject to the terms and conditions herein contained; provided, however, that (a) no concession activity (or other activity whatsoever, except for maintenance and cleaning in conformance with state, federal, county and municipal laws) shall H:\ 154\BEACHAGM.DOC be conducted upon any sand dunes within the Concession Area, and (b) Concessionaire shall maintain the sand dunes within the Concession Area, including keeping said sand dunes free of litter and foreign objects. 2. Term. This Agreement shall commence on the Hotel Opening Date (as such term is defined in the Ground Lease) and shall end on the fifth anniversary following such commencement date (the "Term"). Concessionaire may, provided that it is not in default of any terms of this Agreement, in its sole discretion, extend the Term under all of the terms and conditions contained in this Agreement for successive five-year periods during the Term of the Ground Lease, but only until March 30, 2023, unless the parties mutually agree to a further extension of the Term. Concessionaire shall give the City written notice of its intention to extend the Agreement term at least thirty (30) days prior to the end of the Term then in effect. In the event of a default by Concessionaire as Tenant under the Ground Lease which results in the termination of the Ground Lease, this Agreement shall terminate simultaneously therewith. 3. Facilities. Concessionaire shall, at its sole cost and expense, provide or construct all facilities used in connection with this Agreement. Concessionaire shall maintain such facilities (the "Facilities") at its sole cost and expense, without limiting thereby the City's obligations, pursuant to Section 14.5 of the Ground Lease, which is incorporated herein by reference, to maintain the boardwalk adjacent to the Hotel, the sand dunes, and the beach area. Any construction or location of the Facilities shall be performed in accordance with all applicable federal, state and local law and all necessary permits will be obtained prior to commencement of construction or location. In addition, the Facilities shall be designed in a manner that is consistent with the City's Beachfront Management Plan, as amended, which has been adopted by the City in accordance with the Beachfront Management Agreement and the Rules and Regulations for Beachfront Concession Operations, as amended. 4. Uses. Concessionaire is hereby authorized to conduct the following kinds of business and to provide the following services at the Concession Area: (a) Food and Beveraqe Service. Sale of food and/or beverages from the Facilities, and if permitted by the City, from permanent designated locations on the beach. To the extent that the City permits other concessionaires on the beach to sell food and/or beverages from pushcarts or mobile vehicles, Concessionaire shall also be permitted to do so. (b) Beach Equipment and Rentals. Rental of beach equipment including, but not limited to, chairs, umbrellas, rafts, or other non-motorized personal floatation devices. (c) Beach Products. At the discretion of Concessionaire, the concession may include the sale of beach products. (d) Water Recreational Equipment. Rental of special recreational equipment on the beach including, but not limited to, surfboards, windsailing, catamarans, and motorized and non-motorized personal watercraft. Any special water recreational activity is subject to the prior approval of the Miami Beach Marine Authority (and any other governmental authority whose approval is required) and may be permitted upon Concessionaire's obtaining applicable insurance (at Concessionaire's sole cost and expense) required and approved by the City. The location for the rental of such surfboards, windsailing, catamarans, and motorized and non-motorized personal watercraft shall be determined by the City, in its reasonable discretion, and such surfboards, windsailing, catamarans, and motorized and non-motorized personal - 2 - H:\ 154\BEACHAGM" DOC watercraft shall be operated in channels which shall be clearly identified in accordance with the Beachfront Management Plan, and not in any areas designated for swimmers and/or bathers. (e) Special Events. Concessionaire may provide "Special Events" (as hereinafter defined) as may be desired by Concessionaire from time to time, provided that any Special Event shall be subject to the prior approval of the City and subject to the City's applicable rules and procedures for such Special Events. (f) Miscellaneous. Such other businesses and services permitted by the City. All of the above activities shall be conducted in strict accordance with all applicable federal, state and local laws, rules and regulations. 5. No Concession Fees. Concessionaire shall not be required to pay any concession fees in connection with this Agreement or the concession; provided, however, that Concessionaire shall pay to the State of Florida concession fees in an amount, if any, required from time to time by law or regulation by the State of Florida. Such fees will be subject to any applicable sales and use taxes. Concession fees shall be net to the State of Florida. As of the date of this Agreement, the State of Florida imposes no concession fees. 6. Special Events. The beach area is for the use of the public for recreation and other public purposes and the public's right to such use shall not be infringed upon by any activity of Concessionaire. However, this does not preclude Concessionaire from scheduling promotional events or "Special Events" (as hereinafter defined), including events which might temporarily limit access to the event site, subject to the prior approval of the City Manager and Concessionaire's compliance with the City's rules and procedures for Special Events. Concessionaire shall have the exclusive right to provide Special Events within the Concession Area (except that the City shall not be precluded from using the Concession Area for public and/or civic purposes as deemed necessary or desirable). For purposes of this Agreement, the term "Special Event" shall mean a concert or other attraction which will 'involve production expenses of at least $250,000.00, adjusted for inflation, including, without limitation, expenses in connection with talent and accommodations therefor, advertising and promotion, security, beach area clean-up, insurance, and legal and other professional expenses. 7. Permits: Licenses: Taxes. Concessionaire agrees to obtain and pay for all permits and licenses necessary for the conduct of the business and agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by Concessionaire. Concessionaire shall also be solely responsible for payment of any and all taxes levied on the concession operation. In addition, Concessionaire shall comply with all rules, regulations and laws of the City of Miami Beach, Miami-Dade County, the State of Florida, or the federal government now in force or hereafter to be adopted. 8. Utilities. Concessionaire agrees to pay for all utilities used within the Concession Area. 9. Siqnaqe.. Concessionaire shall have the right to post sign age and other postings desired by Concessionaire in the Concession Area. Such signage shall be subject to the prior approval of the City, which approval shall not be unreasonably withheld or delayed. All signage shall be in compliance with all municipal, state, county and federal laws. - 3 - H:1154\8EACHAGM.DOC 10. Trash and Garbaoe Removal. Concessionaire shall provide, at its expense, receptacles for trash, rubbish and garbage within the confines of its area and shall provide a sufficient number of these receptacles for Concessionaire's own use and for the use of the public. The removal of trash, rubbish and garbage shall be the responsibility of Concessionaire and shall be performed on a daily basis. Receptacles for trash, rubbish and garbage shall be subject to the prior approval of the City, which approval shall not be unreasonably withheld or delayed. 11. Indemnification. Concessionaire shall indemnify and hold the City harmless from all loss, cost, liability, claim, damage and expense (including, without limitation, reasonable attorneys' fees and disbursements), penalties and fines, incurred in connection with claims by a person or entity against the City arising from (a) the use or occupancy or manner of use or occupancy of the Concession Area by Concessionaire or any person claiming through or under Concessionaire or (b) any acts, omissions or negligence of Concessionaire, or of the contractors, agents, servants, employees, guests, invitees or licensees of Concessionaire, to the extent in, about or concerning the Concession Area, including, without limitation, any acts, omissions or negligence in connection with any construction work or in the making or performing of any repairs, restoration, alterations or improvements, except to the extent any of the foregoing is caused by the negligence or willful misconduct of the City or its agents. 12. Insurance Requirements. (a) Liability Insurance. At all times during the Term, Concessionaire, at its sole cost and expense shall carry or cause to be carried insurance against liability with respect to the Concession Area and the operations related thereto in an amount of not less than One Million Dollars ($1,000,000) per occurrence combined single limit and designating the City as an additional insured. (b) Property Insurance. At all times during the Term, Concessionaire, at its sole cost and expense, shall carry or cause to be carried "All Risk" (or its equivalent) property damage insurance protecting Concessionaire and the City, as their interests may appear, against loss to the Facilities. Concessionaire will be designated as "loss payee". (c) Construction Insurance. Prior to the commencement of any construction work, Concessionaire shall procure or cause to be procured, and after such dates shall carry or cause to be carried, until final completion of such work, in addition to and not in lieu of the insurance required by the foregoing subsections (a) and (b). 13. Records; Audit. Concessionaire agrees to establish and maintain (separate from the Hotel's books and records) books of account reflecting the operation of the Concession Area. The City and its representatives shall have, during normal business hours and upon reasonable advance notice, access to inspect (but not photocopy) the books and records of Concessionaire, including, without limitation, books of account properly reflecting the operations of the Concession Area, which books and records shall be kept at the Hotel. Such right of inspection and audit may be exercised at any time once within any twelve-month period and within one (1) year after the end of the Term to which such books and records relate, and Concessionaire shall maintain all such books and records for at least such period of time and, if any dispute between the parties has arisen and remains unresolved at the expiration of such period of time, for such further period of time until the resolution of such dispute. - 4 - H:Il 54\BEACHAGM" DOC 14. Cooperation. Emerqencies. Concessionaire agrees to use its reasonable efforts to cooperate with the City in the conduct of surveys, to provide reports of visitor contacts, and to respond to City inquiries about public usage of concession services. The City agrees to provide Concessionaire with advance notice of any Special Event to be conducted by the City or a party other than Concessionaire within the Concession Area, in writing at least five (5) calendar days prior to any such Special Event, and to coordinate with Concessionaire regarding same. Concessionaire agrees to cooperate with the City in the event of any emergencies, particularly in the case of any hurricanes or tropical storms, which threaten the City. In the case of hurricanes and tropical storms, the Concessionaire agrees to remove all beach chairs, umbrellas, rafts, or other non-motorized personal floatation devices, surfb"oards, windsailing, catamarans, and motorized and non-motorized personal watercraft, and all other things used in connection with the Concession Area from the Concession Area within tbe time required pursuant to the Rules and Regulations for Beachfront Concession Operations of the City (a copy of which is attached hereto, and by this reference made part hereof), as the same may be amended from time to time, and any successor rules or regulations, after being advised to do so, either orally or in writing, by the City. 15. Employees; Manaqers; Hours of Operation. Concessionaire shall employ people to work at the Concession Area who are neat, clean, well-groomed and courteous. Concessionaire and any persons employed by Concessionaire, shall never have been convicted of any offense involving moral turpitude or felony. Concessionaire shall have an experienced manager or managers overseeing the concession operations at all times. Concessionaire from time to time shall determine hours of operation in accordance with the needs of the Hotel, in compliance with all City rules and regulations. 16. No Improper Use; Applicable Laws to be Followed. Concessionaire will not use, nor suffer or permit any person to use in any manner whatsoever, the assigned concession Facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county, or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. Concessionaire agrees to operate and maintain the concession in compliance with this Agreement and .in accordance with applicable laws. 17. Notices. Any notice or demand required to be given herein shall be made in writing and sent by certified or registered mail, return receipt requested, or overnight courier to the address of the respective parties set forth below: If to the City: The City Manager City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 If to Concessionaire: MB Redevelopment, Inc. 667 Madison Avenue, 8th Floor New York, New York 10021-8087 Attention: Corporate Secretary - 5 - H:\154\BEACHAGM.DDC With a copy to the Hotel: Loews Miami Beach Hotel 605 Lincoln Road, Suite 300 Miami Beach, Florida 33139 Attention: General Manager The City or Concessionaire may from time to time designate any other address for this purpose by written notice to the other party. 18. Not a Lease. It is expressly understood and agreed that no part, parcel, building, structure, equipment or space is leased to Concessionaire pursuant to this Agreement; that Concessionaire is a concessionaire and not a lessee pursuant to this Agreement; that Concessionaire's right to operate the concession shall continue only so long as the concession operation complies with the undertakings, provisions, agreements, stipulations and conditions of this Agreement. 19. No Partnership. Nothing herein contained shall create or be construed as creating a co-partnership between the City and Concessionaire or to constitute Concessionaire as an agent of the City. 20. Default and Termination. Concessionaire may be deemed in default under this Agreement if Concessionaire fails to comply with a material term or condition hereof and if such breach is not cured within thirty (30) days after written notice is given to Concessionaire specifying the nature of the default (unless the default is of such nature as cannot be reasonably cured within such thirty-day period [but is otherwise susceptible to cure]), in which event Concessionaire shall not be deemed to be in default provided Concessionaire commences to cure the breach within thirty (30) days following the City's written notice thereof and diligently pursues such cure to completion). In the event of a default by Concessionaire following the expiration of the applicable grace period, the City may cancel this Agreement upon a further written notice to Concessionaire specifying a termination date ("Termination Date"), which shall be a date at least fifteen (15) days following the date of the City's notice and (unless the default is cured within such further notice period), this Agreement shall end as of the Termination Date as if it were the expiration date originally set forth herein, Tenant shall vacate the Concession Area, and neither party shall have any further obligation to the other. 21. No Discrimination. Concessionaire agrees that there shall be no discrimination as to race, sex, color, creed or national origin in the operations referred to by this Agreement; and further, there shall be no discrimination regarding any use, service, maintenance, or operation of the Concession Area. All Facilities located on the Concession Area shall be made available to the public, subject to the right of Concessionaire to establish and enforce rules and regulations to provide for the safety, orderly operation and security of the Facilities. 22. Biodeoradable Containers. The sale of beverages from cans, bottles or plastic containers is not permitted. Beverages must only be dispensed in paper cups or other biodegradable containers, in accordance with applicable State and County requirements. The use of plastic straws is also prohibited. 23. Florida Law., This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. - 6 - H:\ 154\BEACHAGM,DOC 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. ATTEST: ~<< fJ~ City Clerk By: Name: Title: ~e..6rc'O /2o~Rl6(j~ (!iTtf #MI)'-Ge1L MBR Witnesses: By: Name: Title: ~X/'J~' ~~~~ APPROVED AS TO FORM: (Corporate Seal) LEGAL DEPARTMENT APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION .~ .-, - ~ . -~. ,,< " , / ~ City Attorney ;;;. .~ -/P Date - 7 - H:\ 1 54\BEACHAGM.DOC m - - City of Miami Beach RULES AND REGUlATIONS FOR BEACHFRONT CONCESSION OPERATIONS The City of Miami Beach has established policies and procedures concerning the management and operation of beachfront cODcessioD.s. The following rules and regulatioDs shall apply to all beachfront concession operators. 1. If the concession includes food . and beverage service, then at least' one supervisory .employee must possess a Food Service Management Certification issued by a County Public Health Department in Florida.. In addition, each food service unit, cart or facility must be licensed by the Florida Department of Business and Professional Regulation - Division of Hotels and Restaurants [8405 N. W. 53rd Street, Miami, Florida; Telephone No. (305) 470-5680 ]. 2. No food and beverage concession will be pennirted from mobile units in the area of the boardwalk (21st Street. 68th Street); but only for concessions which are operated from "chickee huts", shade structw"es and outdoor cafes as outlined in the Miami Beach Zoning Ordinance (Section 18.2, E.3), as amended. 3. The Concessionaire shall provide, at its sole expense, at least two (2) trash receptacles within the confines of the area approved for its use and for the use of the public. Disposal of the contents of said receptacles and removal of any tnJsh or debris within the approved area, shall be done on a daily basis, and shall be the sole responsibility of the Concessionaire. 4. The Concessionaire must provide the City written authorization from the upland owner (see page 12), allowing the Concessionaire to operate behind the upland owner's property. Said authorization must contain the name, title, and signature of an authorized representative of the upland owner, and must be notarized. The Concessionaire's application will not be considered UIltil said authorization is presented to the City's Asset Manager. A new authorization form from the upland owner is required in order to be eligible for renewal of the Occupational License each year. 5. The Concessionaire agrees to abide by all City. County. and State laws with regards to the use of the beachfront areas, as amended, or adopted hereafter~ The authorization to operate a beachfront concession may be suspended at any time by written notice from the City Manager. The Concession authorization may be revoked upon ten (10) days written notice from the City Manager. Such suspension may be subject to an administrative hearing/review. CRev, 9/f,/Ja) P:\DDKP\$~\ASSET\8~\PRIVAXE\APPLrCAT.PXG RULES AND REGUlATIONS FOR BEACHFRONTCONCESSION OPERATIONS 1998/1999 FISCAL YEAR 6. There is no responsibility on behalf of the City of Miami Beach for any lost, stolen or damaged property belonging to the Concessionaire. 7. The Concessionaire must prepare a written evacuation plan for the prompt removal of all mobile units used in the concession operations from the beachfront within one (1) hour of notification by appropriate City authorities. This plan must be submitted to the City for approval (see page 10). An operation plan must also be ,submitted (see page 9). 8. There shall be no overnight storage of any kind east of the dune line on the beach, except for the foUowing: a) Beach chairs will be permitted to remain on the sand overnight, as long as they are in good condition, neatly stacked (a maximum of 10 chairs per stack for plastic. and 4 chairs per stack for wood), and ammged side by side adjacent to the concession stand. b) Concession Kiosks, will be allowed to rema.inonthebeach, as long as they are well maintained and kept \Vest of the lifeguard stands. ViolatorswiU have their concessions closed and the City shall have the right to confiscate any and all equipment left on the beach overnight. 9. The City of Miami Beach retains the authority to determine the number of employees required for each concession. 10. Concessionaire will conduct its operations so as to maintain reasonable quiet and make no public disturbances. Hawking to attract attention, and/or summoning or accosting any person, is prohibited. The playing of any music, or allowing any other activity, that disturbs the public is prohibited. 11. Vehicles are only allowed in areas where roadways are provided, and may only park only in areas designated for vehicle parking. Concessionaire's vehicles shall only be allowed on the beachfront for purposes of supplying the concession's operations, and to remove equipment at the close of operations each day, and must be removed from the beachfront immediately thereafter. 12. Concessionaire will be responsible for any damage caused to any City-owned property or the beachfront during the time of its usage of said area. 13. For any event at which a larger than.ordinary attendance is expected, the ConcessioOalre must inform the City ofMiaml Beach Police Department of expected attendance and comply with Police supervision requirements. (Asv. 9/4/98) P:\DDRP\SALL'ASS~'DEACEPRN'PRrVArK\APPLICAr.PXG RUlES AND REGULATIONS FOR BEACHFRONT CONCESSION OPERATIONS 1998/1999 FISCAL YEAR 14. All Concessionaires and their employees shall wear City of Miami Beach or City approved identification badges, and mustcompon themselves in a professional and COurteous manner, at all times during hours of operation. 15. The sale of beverages from cans, bottles, or plastic containers are not permitted. Beverages must only .be dispensed in paper cups or other biodegradable containers, in accordance with applicable State and COUQtyrequirements. The use of plastic straws is also prohibited. 16. The concession facility, including any structures, buildings, vehicles, trailers, pushcarts, stands, and the concession furnishings and equipment shall be neat" clean, and well maintained at all times. The t:oncession operation must beaestb.etically pleasing and non- detrimental to the surroundin~ environment 17. The following regulations specifically apply to Concessionaires offering Water Recreational EqUipment: A. All propeller craft must have propeller guards~ ~. All operations that involve the use of water craft must have a "chase boat" available readily available. The"chase boat"is subjecttothe approval of the City. c. The operation of all water sport activity shall be conducted outside the 300 foot swimming area ("guarded area") and no closer than 400 feet of any lifeguard stand. The location ofbeachfront operations shall be subject to the approval of appropriate City Departments. The Concessionaire must instruct all users as to all safety precautions, including avoidance of swimmers" and bathers. D. All concession activities, including the placement and/or use of umbrellas, cabanas, sailboat. etc., shall not obstruct the view of a lifeguard.. Any request from a lifeguard to relocate any item that obstructs hiSther view shall be treated as an emergency and be relocated immediately . .E. Concessionaires are responsible for instructing clients on safe operation of equipment including advisement to stay away from all "guarded areas." F. The "guarded area" extends 300 feet east of the shoreline, and 100 feet from the nearest bather or swimmer. G. The Concessionaire must identify a channel to be used as an access route through which users of water recreational equipment may leave the bea.chfront and enter open water. Said channel shall extend 300 feet east, and perpendicular to the shore line and be marked by removable orange colored buoys which shall be a minimum of (R.ev. 9/-l/U) P=\DDSP\$ALL\ASS2T\8~\PR.rvAr.g\APPLxCAX.PKa RULES AND REGUlATIONS FOR BEACHFRONT CONCESSION OPERATIONS 1998/1999 FISCAL YEAR eighteen (18) inches in diameter. There shall be a minimum of four (4) buoys on each side of the channel, equally spaced. H. Watercraft shall not exceed "idle speed" within the channeL I. Wearing a life jacket is required for all water activities (i.e. "hobie cars", "wave runners", "para-sailing", etc). J. Concessionaire shall prohibit anyone under the age of 16, to rent, or use any powered or sailing watercraft. K. Para-sailing shall be conducted only from winch boats beyond the designated swim areas. L. Concessionaire shall supply all users of waterrecreatiooaIequipment with life jackets in appropriatesb:cs. M. All watercraft equipment shall meet the registration. and license requirements of the State of Florida. N. All power equipment shall be equipped with approved kill switches in working order. O. Fueling is allowed on the beach under the following conditions 2I1b:: signs must be posted where the gasoline is kept; cans which are spill-proof must be used; citizens, tourists, and the general public. must be kept a safe distance from where the fueling process is taking place. P. Any change or addition to an concession operation requires review and ~tten authorization by the City of Miami Beach. Q. All water SPOrts concessions must be approved by the City's Marine Authority &ml by the City Manager or his designee. 18. Any transport vehicles operated on the beachfront shall not exceed 10 m.p.h. and shall only operate in the immediate vicinity of the concession or to-and.from the nearest access ramp. A:fter transporting equipment to the concession site, the vehicles shall be removed from the beachfront area and parked in a legally authorized location. Driving on the beachfront area shall be kept to a minimum. 19. A Food SCIVice license issued by the Florida Department of Business Regulation - Division of Hotels and Restaurants for the food service unit must be supplied by the Applicant before a City Occupational License for a Food and Beverage Beachfront Concession may be issued. (a.v, 9/4./98) F:\DD~\$ALL\ASS2~\BEACK~\pa~TE\APPLI~.PKa RUlES AND REGliLA.TIONS FOR BEACHFRONT CONCESSION OPERATIONS 1998/1999 FISCAL YEAR 20. A City of Miami BeachOccupational License (valid from October 1, through September 30, of each year) is required for each activity which the Concessionaire operates on the beachfront ( Example: a concessionaire providing food and beverage, and water sports activities, must obtain Dm Occupational Licenses). THE ISSUANCE OF AN OCCUPATIONAL LICENSE BY THE CITY IS CONDITIONED UPON COl\{PLIANCE WITH THE RULES AND REGULATIONS CONTAINED HEREIN. SAID OCCUPATIONAL LICENSE SHALL BE CONSIDERED NULL AND VOID IF THE CITY WITHDRAWS, DISCONTINUES, OR OTHERWISE REVOKES THE AUTHORIZATION GRANTED TO THE CONCESSIONAIRE TO OPtRATE A BEACH FRONT CONCESSION. 21. The Concessionaire must maintain the required insurance coverage, described on the following page, at all times. 22. . The City reserves the right to issue additional Rules and Regulations for Beachfront Concession Operations. Said additions shall be binding on all beachfront Concessionaires. 23. The City reserves the right to revoke a Concessionaire's authorization, and Occupational License(s) due to non-compliance with the Rules and Reaulations herein specified. 24. "Anyone found operating a concession prior to meeting all of the requirements outlined in the Rules and ReguIations,and/or operating without the appropriate licenses and approvals, will be" removed from the beach and will not be allowed to re-apply. (R..v. '/4/98) F:\DDBP\$ALL\ASSET\BEACBFRN\PRrvATE\APPLZ~.PKG RULES AND REGULATIONS FOR BEACHFRONf CONCESSION OPERATIONS 1998/1999 FISCAL YEAR INSURANCE REQUIREMENTS The Concessionaire shall cany and maintain in full force and effect, at all times during its operation, the following insurance coverage. 1. Comprehensive General Liability in the minimum amount of five hundred thousand dollars ($500,000)1 per occurrence for bodily injury and property damage. This policy must also contain coverage for premises, operations, products, and contracrualliability. 2. The City must be named as an additional insw"ed on the policies required above. 3. Workers' Compensation and Employers'liability to'meet the statutory requirements of the State of Florida. 4. The City shall receive thirty (30) days advance written notice of cancellation or changes of the above-mentioned policies. 5. All insurance policies shall be issued by companies authorized to do, business under the laws of the State of Florida and must have a ratingofB+:VI or better per A.M. Best's Key Rating Guide, latest edition. 6. The Concessionaire shall furnish original Certificates of Insurance, evidencing the required coverage, and receive" approval of same. prior to the commencement of operations. 7. Certificates of Insurance must be approved by the City's Risk Manager before start up of operations. 1 A minimum eoverage of one million dollars ($1,000,000) ~B required zo~ water 8port~ operations. (Rev, 9/4,/)8) P:\~DBP\$ALL\ASSE~\B~\P~rB\APPLlCAr.PEQ