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83-17311 RESOLUTION NO. 83-17311 A RESOLUTION APPROVING AN AMENDMENT TO THE AGREEEMENT WITH FOOD MANAGEMENT ASSOCIAl'LS TO PLACE QUARTERLY PAYMENTS IN A TRUST ACCOUNT. (Convention Center food and beverage concessionaire) Whereas, the contract between the City of Miami Beach and Food Management Associates requires monthly payments of $12,500 to meet the annual minimum guarantee of $150,000 and in addition, when gross sales exceed the minimum in each quarter, Food Management Associates is required to pay 23.5% of the overage, and Whereas, Food Management Associates contends that percentage payments above and beyond the minimum should be on a cumulative basis with a final accounting and payment at the end of the contract year, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION of the City of Miami Beach, Florida, that the attached agreement calling for deposit of quarterly payments in excess of the guarantee into a City Trust account, and rebates of any overage of monies paid by Food Management Associates during the contract year with any interest earned by the City, if applicable, will be reported and paid on an annual basis after each anniversary date of the contract, be and the same is hereby approved and execution thereof by the Mayor and City Clerk is hereby authorized. PASSED and ADOPTED this 6th day of April, 1983. Mayor ATTEST: City Clerk RWP:NL:mal (EHM) 4 4 JJ� 4/8/83 ' tditrU _ecotarBi new AGREEMENT AGREEMENT made this 2nd day of March, 1983, between the CITY OF MIAMI BEACH, a municipal corporation of the State of Florida (hereinafter referred to as the "City") and FOOD MANAGEMENT ASSOCIATES, a corporation maintaining a Dade County office at 1901 Convention Center Drive, Miami Beach, Florida (hereinafter referred to as "Concessionaire" ) . WITNESSETH 1. Effective immediately, Concessionaire' s quarterly payments to the City (pursuant to Invitation to Bid No. 93-74: that certain Concession Agreement between the City and the Concessionaire, and its predecessor in interest and assignor: Refreshment Service Co. dated October 11, 1974; which documents, as amended, are all incorporated by reference and deemed inserted herein) , which payments are in excess of the guarantee against equal monthly installments (as set forth in page 26 of Invitation to Bid No. 93- 74) shall be held by the City of Miami Beach in a City trust account. 2. Rebates of any overage, if applicable, of moneys paid by said Concessionaire during the contract year, with any interest earned by the City on said moneys, shall be reported and paid on an annual basis, after each anniversary date of the contract. The City of Miami Beach and the Concessionaire, Food Management Associates, by and through their duly authorized City Manager and President, respectively, are both aware of this Agreement and approve its terms and conditions. CITY OF :EAC" Naggii 6Attest: By ROB W. PARKINS 417-11.4.11„? City Manager,, CITY CLERK Confirmed by City Commission Mayor 4/6/83 F D MANAGEMENT ASSOCIATES Witnesses: By N.J., OSCAR ZIMMERMAN President Dated: w`'L& 'v \Ck.k - ) RESR/jhd u 2283B By I �ZG /LC�{i /ez' c Date t ! orAtu ri (1RIflA 11139