Amendment No. 1 to the Agreement with The Market Company, Inc.20 Z8S-7.3
AMENDMENT NO. 1 TO THE AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH, FLORIDA
AND
THE MARKET COMPANY, INC., DATED DECEMBER 23, 2014
This Amendment No. 1 (Amendment) to the Agreement, dated December 23,
2014, by and between the City of Miami Beach, Florida, a municipal corporation
organized and existing under the laws of the State of Florida, having its principal place of
business at 1700 Convention Center Drive, Miami Beach, Florida 33139 (City), and The
Market Company, Inc., a Florida corporation, having its principal place of business at
238 East SSaa pMarino Drive, Miami Beach, Florida 33139 (Concessionaire) is entered
into this day of /_i , 2017 (Effective Date).
RECITALS
WHEREAS, on April 23, 2014, the Mayor and City Commission adopted
Resolution No. 2014-28573, accepting the recommendation of the City Manager
pertaining to the ranking of proposals, pursuant to Request for Proposals RFP No. 2013-
317ME for the management and operation of street markets, including green markets at
Lincoln Road, Collins Park, Normandy Isle, and South of 5th Street, and an antiques and
collectibles market on Lincoln Road; and
WHEREAS, on December 23, 2014, the City and Concessionaire executed the
Agreement, commencing retroactively to October 1st, 2014, with respect to the open air
street on Rue Vendome between Normandy and 71st Street (Agreement), which services
include the sale of arts, crafts, merchandise, plants, cut flowers, fruits, vegetables, other
edible products and related food items, and live entertainment, as set forth in Exhibit
3.2.1 of the Agreement; and
WHEREAS, on September 10, 2015, the Mayor and City Commission passed and
adopted Ordinance No. 2015-3966, amending the Code of the City of Miami Beach, by
Amending Chapter 106, entitled "Traffic and Vehicles", by amending Article Ii, entitled
"Metered Parking", by amending Division 1, entitled "Generally", by amending section
106-55, entitled "Parking Rates, Fees, and Penalties", thereby, effective April 11, 2016,
increasing parking rates for space rentals from $10 per space per day to $25 per space
per day; and
WHEREAS, the open air market is a neighborhood economic development tool
and the material increase in the parking rental rate threatens the viability of the
Concession at Normandy Village; and
WHEREAS, the City Manager has decided it is in the best interest of the City to
maintain the Concession at Normandy Isle viable by providing Concessionaire a credit
toward the monthly PG payments submitted pursuant to Section 4.2 of the Agreement to
the extent of the parking rate fees paid by Concessionaire above the $10.00 per space
fee (Parking Rate Credit), effective as of April 11, 2016; and
WHEREAS, within sixty (60) days of the Effective Date of this Amendment, City
shall refund the Parking Rate Credit due to Concessionaire, retroactively, for the period
April 11, 2016 through March 31, 2017, in the amount of six thousand seven hundred
fifty and 00/100 dollars ($6,750.00). Notwithstanding the foregoing, actual amount
refunded to Concessionaire may be offset by any outstanding amounts due by
Concessionaire for any contract they have with the City.
WHEREAS, the monetary value of this Amendment is under $50,000 over the life
of the Agreement; and
WHEREAS, pursuant to section 2-369 of the Code of the City of Miami Beach, the
City Manager has the authority to award, and thereby amend, any contract valued under
$50,000.
NOW THEREFORE, in consideration of the mutual promises and conditions
contained herein, and other good and valuable consideration, the sufficiency of which is
hereby acknowledged, the City and Concessionaire hereby agree to amend the
Agreement as follows:
1. ABOVE RECITALS.
The above recitals are true and correct and are incorporated as part of this
Amendment.
2. MODIFICATIONS.
The Agreement is hereby modified (deleted items struck through and inserted
items underlined) as follows:
(a) Section 3.6.3 of the Agreement is hereby deleted in its entirety and replaced
with the following:
Parking (Bacmina Parking Meters). If the use of parking spaces at the
Concession Area is reauired in connection with the operation of the
Market, Concessionaire will be required to pay the City (Parking
Department) for the parkina fees, as mav be amended from time to time,
associated with anv parking meters bagged. Notwithstanding the
foregoing. the Concessionaire shall be entitled to a credit (against the
monthly PG payment which Concessionaire submits to the City pursuant
to Section 4.2) for any parkina fees paid bv Concessionaire during the
previous month which exceeded $10.00 per parkina space (Parking Rate
Credit), not to exceed nine (9) parkina spaces. thereby reducing the
Parking fees portion of the Pass-throuah Costs (as defined in Section 4.7)
to $10.00 per parkina space.
The City Manager may, for convenience and without cause, terminate the
Parking Rate Credit upon providing 30 days prior written notice to
Concessionaire. Further. anv increase in price charged bv
Concessionaire to its vendors for the rental of vendor spaces mav be
cause, at the City Manaaers sole discretion, for partial or complete
termination of the Parking Rate Credit.
3. RATIFICATION.
Except as amended herein, all other terms and conditions of the Agreement shall
remain unchanged and in full force and effect. In the event there is a conflict
between the provisions of this Amendment and the Agreement, the provisions of this
Amendment shall govern.
IN WITNESS WHEREOF, the parties hereto have caused this
Amendment to be executed by their appropriate officials, as of the date first
entered above.
FOR CITY:
ATTEST:
By:
Rafael/E. Grantado, City Cier.10
Date
*In/n
FOR CONCESSIONAIRE:
ATTEST:
By: 4671,
M
`r.
Secretary
J)cia (d r
-4;44
Print Name
// 0 19
Date
CITY OF MIAMI EACH, FLORIDA
iNGOIR
/1
f:\attorg/Asset/The Markets/Normandy Village/Amendment No. 1
L. Ma les, City Manager
THE MARKET COMPANY, INC.
(-41/t//1
President
0,�,1kr►
Print Name
APPROVED AS TO
FORM & LANGUAGE
& F E CUTION
City Attorney
Pate