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LTC 388-2016 Temporary Closure of 46th Street Public Beachfront Concession MIAMIBEAC City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov OFFICE OF THE CITY MANAGER 388-2016 LETTER TO COMMISSION TO: Mayor Philip Levine and Members •• the City C. mission FROM: / Jimmy L. Morales, City Manager DATE: September 19, 2016 SUBJECT: TEMPORARY CLOSURE OF 46TH STREET PUBLIC BEACHFRONT CONCESSION The purpose of this Letter to the Commission (LTC) is to inform the Mayor and City Commissioners that the City has approved the request from Boucher Brothers Miami Beach 21 & 46 ST, LLC to temporarily close the public beachfront concession located at 46th Street due to the current beach erosion and ongoing beach renourishment project. The concession is expected to be re-opened upon completion of the renourishment project in mid-November. BACKGROUND The City of Miami Beach and Boucher Brothers Miami Beach 21 & 46 ST, LLC are parties to a concession agreement dated December 17, 2015, for the Management and Operation of Public Beachfront Concessions located at 21st and 46th Streets ("Agreement"), as Amended by Amendment No. 1 to Concession Agreement dated April 29, 2016 ("Amendment"). Section 1 of the Amendment, which amends Section 12.4 of the Agreement (Force Majeure), stipulates that neither party shall be obligated to perform under certain circumstances, including beach erosion. II ''AA JLM/K B/ MM F:\RHCD\$ALL\ECON\$ALL\ASSET\Boucher Brothers 21st&46th Streets\46th Street Temporary Closure-LTC(09-16-16).docx