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Resolution 86-18539A r RESOLUTION NO. 86-18539A A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND PENROD BROTHERS, INC. FOR RENTAL OF EQUIP- MENT WITH FOOD AND BEVERAGE SERVICE AT PIER PARK, OCEANFRONT PARK, AND LUMMUS PARK. WHEREAS, pursuant to Resolution No. 85-18222 the City of Miami Beach and Penrod Brothers, Inc. entered into a concession agree- ment on November 7 , 1985 for rental of beach equipment , water recreational equipment and food and beverage service at Pier Park , Oceanfront Park and Lummus Park; and WHEREAS, the parties wish to amend the above described conces- sion agreement to clarify certain matters; and WHEREAS, an Amendment No. 1 to the Concession Agreement has been negotiated, the City Manager has recommended its execution and the City Attorney has approved it to form. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City Clerk are hereby authorized to execute Amendment No. 1 to the Concession Agreement for rental of beach equipment, water recreational equip- ment with food and beverage service at Pier Park , Oceanfront Park and Lummus Park . PASSED and ADOPTED this 23rd day of July, 1986 . 10°111r i 4.-LN ayor Attest : 4//62/:-11-29? FUM APS RDVED City Clerk LEGAL DEPT. By PNB/lsc/7-24 Date 7- a -14 Res. No. corrected 8/21/86 AMENDMENT NO. 1 TO CONCESSION AGREEMENT BETWEEN CITY OF MIAMI BEACH AND PENROD BROTHERS, INC. THIS AMENDMENT TO AGREEMENT is made and entered into this 13th day of August , 1986 by and between the CITY OF MIAMI BEACH, a municipal corporation of the State of Florida (hereinafter called the "CITY" ) and PENROD BROTHERS, INC . , a Florida corporation (hereinafter called the "CONCESSIONAIRE" ) . PREAMBLE: Pursuant to a Concession Agreement between the CITY and CON- CESSIONAIRE dated November 7 , 1985, ( the "Concession Agreement" ) CONCESSIONAIRE obtained from the CITY the exclusive privilege of operating the concessions in Pier Park, Oceanfront Park (subject to an existing Beach Food and Beverage Concession) and Lummus Park and the public beach area adjacent to these locations in the City of Miami Beach to provide goods and services ( the "Premises" ) . The Concession Agreement with CONCESSIONAIRE contemplated the CONCESSIONAIRE would plan, schedule and sponsor regular and spe- cial events on the Premises and on the public beach area adjacent to the Premises subject to the City Manager ' s approval thereof . NOW, THEREFORE, the parties dewire to clarify certain provi- sion of the Concession Agreement and agree as follows: 1 . Recitals . The foregoing recitals are true and correct . The terms of the Concession Agreement are hereby incorporated by reference. 2 . Special and Regular Events. Section 1 (e) of the Conces- sion Agreement is hereby amended to add the following language: Any regular or special events desired to be spon- sored by CONCESSIONAIRE at the Premises or at the public beach areas adjacent to the premises shall be submitted directly to the City Manager ' s office for consideration and approval . CONCESSIONAIRE shall not required to submit any event proposal desired to be sponsored by CONCESSIONAIRE to the City of Miami Beach Visitor and Convention Authority, any special event coordinator which may be retained by the CITY in the future, or any other governmental committee or body, (however, CONCES- SIONAIRE acknowledges it may be necessary to con- sult with certain other governmental committees 1 IN WITNESS WHEREOF, the parties hereto have caused their . names to be signed and the seals to be affixed, as of the day and year first above written. CITY OF MIAMI BE. BY! Ly 1 .. . ATTEST: Pl/ayM CITY CLERK PENROD BROTHERS, INC. BY: A VICE-PRES"IDENT WITNESSES: /���itCYc� LC��.Ic�►.,,J APPROVED AS TO FORM ,S.//` /135 LEGAL DEPARTMENT PNB/lsc 7/28 3 .1/ j, 1 + RESOLUTION NO. 86-18539.A (Authorizing the Mayor and the City Clerk to execute amendment No. 1 to the agree- ment between the City of Miami Beach and Penrod Brothers, Inc. , for rental of equipment with Food and Beverage Service at Pier Park, Oceanfront Park, and Lummus Park)