2009-27127 ResoRESOLUTION NO. 2009-27127
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE A THIRD AMENDMENT
TO THE AMENDED AND RESTATED BEACHFRONT CONCESSION
AGREEMENT BETWEEN THE CITY AND BOUCHER BROTHERS
MIAMI BEACH, LLC, 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; SAID AMENDMENT
PROVIDING FOR THE RECONFIGURATION OF THE FENCED
STORAGE AREA ON THE NORTH SIDE OF THE 10T" STREET
AUDITORIUM, FOR USE BY CONCESSIONAIRE FOR STORAGE AND
FOR A DUMPSTER FACILITY
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, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Clerk are hereby authorized to execute a Third Amendment to the Amended and
Restated Beachfront Concession Agreement between the City and Boucher Brothers
Miami Beach, LLC, 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; said Amendment providing for the reconfiguration of the
fenced storage area on the north side of the 10t" street auditorium, for use by
concessionaire for storage and for a dumpster facility.
PASSED and ADOPTED this 15th day of July, 2009.
ATTEST:
~. ~ ~~ ~~
Robert Parcher, CITY CLERK atti Herrera Bower, MAYOR
JMG\HMF\AP\ACV\rlr
APPROVED AS TO
FORM & LANGUAGE . -.
tli FOR EXECUTION
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City Att me Date
F:\RHCD\$ALL\ECON\$ALL\ASSET\BEACHFRN\PUBLIC\RFP_2001 \BOUCHER\BBMBLLC_3rdAmendmentToAmendedRestated. RES.doc
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution approving a Third Amendment to the Amended and Restated Beachfront Concession Agreement with Boucher
Brothers Miami Beach LLC rovidin for the reconfi uration of the fenced stora a area for stora a and a dum ster facilit .
Ke Intended Outcome Su orted:
Preserve our beaches.
pporting Data (Surveys, Environmental Scan, etc.):
The overall quality of the beaches (cleanliness, water quality, etc.) appeared as an important areas affecting resident's quality
of life. Of the 75% of residents and 77% of businesses rated the overall uali of the beaches as excellent or ood.
Issue:
Should the Ci a rove the amendment?
item summa
On October 17, 2001, the Mayor and City Commission adopted Resolution No. 2001-24646 approving a Concession
Agreement for the management and operation of beachfront concessions. In accordance with Exhibit 10.2.1 of the
Agreement, Concessionaire is currently permitted use of a 25' x 25' (625 SF) portion of the fenced storage area located on
the north side of the 10~h Street Auditorium for chair and umbrella storage. Concessionaire shares the fenced storage area
with the Miami Dade County Parks and Recreation Department (MDP&RD), which utilizes the area for storage of its dumpster
and sanitation equipment. Insufficient space inside the enclosure has resulted in the City's Sanitation Division placing a
dumpster outside of the enclosure. Enhanced levels of beach maintenance have resulted in a greater need for sufficient
storage, as well as a desire to move Sanitation's dumpster into the enclosure.
In addition, the Concessionaire has requested an expansion of their portion of the fenced storage area and an increase in the
uses permitted therein. The County, City and Concessionaire met to discuss solutions and determined that a larger
enclosure area would be beneficial for all parties. In order to effectuate the proposed expansion, the current 2016 SF fenced
storage area will be demolished, as it was determined that the existing fencing was damaged and not cost effective to modify.
New fencing will be installed which will expand the storage area to a total of 3190 SF. The City received a cost estimate for
the project totaling $16,590 ($5.20 PSF).
On July 1, 2009, the Land Use and Development Committee (LUDC) recommended the approval of a Third Amendment,
allowing for the reconfiguration and expansion of Concessionaire's fenced storage area and the permitted uses. The approval
was made contingent upon the Concessionaire agreeing to pay a proportionate share of the expansion. Concessionaire's
proportionate share is based on the increased 815 SF (1,440 SF - 625 SF) to its existing storage area. Based on the
recommendation by LUDC, Concessionaire will pay a proportionate share in an amount equal to $4,238.00 ($5.20 PSF x
815 SF). In addition to allowing for an increased storage area, the Amendment would also allow for additional permitted uses
of the storage area to include storage of chair pads, sun canopies, towels, trailers, and watersports equipment (i.e. banana
boat, kayak, and waverunners), as well as for locating a dumpster, in addition to chair and umbrella storage which are
currently the only permitted use.
The Administration recommends the approval of the Thi
Adviso Board Recommendation:
Land Use and Develo ment Committee, Jul 1, 2009 and Beach Preservation Committee.
Financial Information:
Source of Amount Account
Funds: n/a n/a
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
~ Ana Cecilia Velasco extension 6727
Sian-Offs•
Department Director Assis t Ci Manager City Manager
AP H JMG
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m MIAMIBEACH
AGENDA ITEM ~~ /`
DATE -~s-0
m MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: July 15, 2009
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A THIRD AMENDMENT TO THE AMENDED AND RESTATED
BEACHFRONT CONCESSION AGREEMENT BETWEEN THE CITY AND BOUCHER
BROTHERS MIAMI BEACH, LLC, 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;
SAID AMENDMENT PROVIDING FOR THE RECONFIGURATION OF THE FENCED
STORAGE AREA ON THE NORTH SIDE OF THE 10T" STREET AUDITORIUM, FOR
USE BY CONCESSIONAIRE FOR STORAGE AND FOR A DUMPSTER FACILITY
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
KEY INTENDED OUTCOMES SUPPORTED
To ensure well-maintained facilities.
ANALYSIS
On October 17, 2001, the Mayor and City Commission adopted Resolution No. 2001-24646
approving a Concession Agreement (the "Agreement") between the City and Boucher Brothers
Miami Beach, LLC (the "Concessionaire) for the management and operation of beachfront
concessions. In accordance with Exhibit 10.2.1 of the Agreement, Concessionaire is currently
permitted use of a 25' x 25' (625 SF) portion of the 2,016 SF fenced storage area located on the
north side of the 10th Street Auditorium for umbrella and chair storage. Concessionaire shares the
fenced storage area with the Miami Dade County Parks and Recreation Department (MDP&RD),
which utilizes space within the fenced area for storage of its dumpster and sanitation equipment.
MDP&RD operates the Beach Maintenance Program, which is incorporated as part of the City of
Miami Beach's Beachfront Management Plan and performs in accordance with the Beach Cleaning
Operations Permit approved by the Florida Department of Environmental Protection and the Fish
and Wildlife Conservation Commission. The City's Sanitation Division is responsible for the
maintenance from the dunes westerly. As a result of a lack of space in the enclosure, the Sanitation
Division has maintained a dumpster outside of the fenced storage enclosure area. As currently
configured, the fenced storage area cannot accommodate the dumpster that is used by the City's
Sanitation Division, along with the County's and Concessionaire's equipment. In response to the
City's request for enhanced beach maintenance, the County has re-allocated resources, which has
resulted in a need for more storage space. It has also been preferred that the City's Sanitation
Division be able to store their equipment/dumpster in the enclosed area. Additionally, the
Commission Memorandum
BBMBLLC 3'd Amendment to Amended & Restated
July 15, 2009
Page 2 of 3
Concessionaire has requested additional storage space and an increase in the uses for storage
permitted. The Concessionaire finds the current configuration and limitation of uses to be insufficient
for the needs of the concession operations, which span from 5th Street northward to 14th Lane.
The City's Sanitation Division, Asset Management Division, MDP&RD met and determined that for
optimal efficiency, the footprint of the current fenced storage area should be expanded to
accommodate the City's dumpster, as well as additional County dumpsters. Additionally, upon
further review by the City's Public Works Department, it was determined to be in the best interest of
the City to further increase the size of the fenced storage area to accommodate the City's, the
County's, and Concessionaire's needs.
In order to effectuate the proposed expansion, the current 2016 SF fenced storage area will be
demolished, as it was determined that the existing fencing was damaged and not cost effective to
modify. New fencing will be installed which will expand the storage area to a total of 3190 SF. The
City received a cost estimate for the project totaling $16,590 ($5.20 PSF).
On July 1, 2009, the Land Use and Development Committee (LUDC) recommended the approval of
a Third Amendment to the Agreement, allowing for the reconfiguration and expansion of
Concessionaire's fenced storage area and the permitted uses. The approval was made contingent
upon the Concessionaire agreeing to pay a proportionate share of the project costs.
Concessionaire's proportionate share is based on the increased square footage to its existing
storage area.
The proposed site plan (Attachment "A") delineates the proposed 1,440 SF area for use by the
Concessionaire, which is 815 SF more than what the City is currently contractually obligated to
provide. Based on the recommendation by LUDC, the Concessionaire will pay an amount equal to
$4,238.00 ($5.20 PSF x 815 SF). The City will retain ownership of any and all the improvements.
Staff has reviewed the Concessionaire's request in terms of benefits to the public and determined
that an expanded storage area and increase in permitted uses will enable the Concessionaire to
continue operations productively, while removing items from daily placement on the beach. The
proposed amendment would allow for an increased storage area and additional permitted uses of
the storage facility to include chair pads, sun canopies, towels, trailers, and watersports equipment
(i.e. banana boat, kayak, and waverunners) as well as for locating a dumpster, in addition to chair
and umbrella storage which are currently the only permitted use. Concessionaire has also received
approval on the concept of an expansion in size to the enclosure and additional permitted uses from
the Beach Preservation Committee.
CONCLUSION
The Administration recommends that the Mayor and City Commission approve the proposed Third
Amendment to the Amended and Restated Beachfront Concession Agreement between the City
and Boucher Brothers Miami Beach, LLC, dated May 18, 2005, for operation and management of
beachfront concessions on the beaches seaward of Lummus Park, Ocean Terrace, and North
Shore Open Space Park; said Third Amendment providing for the 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.
JMG\HMFWP\ACV\rlr
Attachment (1)
F:\RHC D\$ALL\ECON\$ALL\ASSE116EAC HFRN\PUBLIC\RFP_200116000HER\BBMBLLC_3rdAmendmentToAmendedRestated. MEM2.doc
Commission Memorandum
BBMBLLC 3'd Amendment to Amended & Restated
July 15, 2009
Page 3 of 3
Attachment "A"
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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 s#~~# and inserted items underlined):
10.2 Garbage Receptacles and Fenced Storage 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 steF fenced
storage area on the north side of the 10t" Street Auditorium (as defined in
Subsection 10.2.1) to place one (1) dumpster, but must provide for its
disposal. Q~~ +"° ~'^^~~°^^°^~°^+ ~..+° At all times during the Term herein,
Concessionaire shall ~te~-i~t~ maintain in full force and effect an
agreement with a trash hauler for waste disposal at the 10t" 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 tesa#~-arid
,
~~~; a one thousand
four hundred forty (1,440) square foot fenced storage area adjacent
to the north side of the 10t" 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 land as
referenced in Subsection 10.2).
,
.The Ci
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
2
proportionate cost of same. in the agreed amount of Four
Thousand Two Hundred Thirty Eight ($4,238.00) Dollars.
Concessionaire agrees that the fenced storaae 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 fueling, repair, and
servicing of any watersport equipment and/or vehicle, and/or the
building/construction, maintenance and repair of any beach
eauipment and/or dispensing/storage 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:
Robert Parcher, City Clerk
CITY OF MIAMI BEACH, FLORIDA
Matti Herrera Bower, Mayor
Attest:
Secretary
(Print Name and Title of Signatory)
BOUCHER BROTHERS MIAMI BEACH LLC
Signature
(Print Name and Title of Signatory)
APPROVED AS TO
FORM & LANGUAGH
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