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Letter to Steve Boucher re Amended & Restated Beachfront Concession Agmt aoo /- 2 v6 al MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miomibeachll.go OFFICE OF THE CITY MANAGER Tel: 305.673.7010 November 7, 2011 Steve Boucher Perry Boucher Boucher Brothers Miami Beach LLC 420 Lincoln Road, Suite 265 Miami Beach , Florida 33139 Re: Amended and Restated Boucher Brothers Miami Beach LLC Beachfront Concession Agreement :Dear Steve and Perry: • This letter shall serve to memorialize our discussion last week regarding the concession payment due under the above referenced Agreement, pending the review and consideration by the City Commission of a new concession agreement with Boucher Brothers Miami Beach, LLC., as further noted in my email to you dated 11/3/11. As you are aware, the next scheduled City Commission meeting is not until December 14, 2011. In consid.eration of the parties' agreement to continue the terms of the Agreement in full force and effect, on a month to month basis, and in order to maintain these services in our public beaches, the City accepted the payment of fifty p.ercent (50 %) of the Year 10 Minimum Guarantee amount under the current Agreement (with no escalator added) by close of business November 4, 2011. In all other respects, the Agreement remains in full force and effect until the approval of a new concession agreement. Should we not be able to place the item on the December 14, 2011 agenda for approval, or should approval not be given at that meeting, we would require the balance of the payment (remaining 50 %) by no later than close of business December 15, 2011. Any further adjustments would also be made (e.g. escalator). Please feel free to call me should you have any questions: Wa est egards, Hil a M Fernandez Asst. City Manager F: \Cmgr\$ALL Hfemandez\Real Est, Hsng & Comm Dev\Asset Management \Concessions \Letter To Boucher 11 4 11(2).Docx We are committed to providing excelleni public service and safely to oil who live, work, and ploy in our vibront, tropicol historic communiy