Concession Agreement with Taste Bakery MB City Hall LLC.96/7-29A76,
TASTE BAKERY MB
CITY HALL LLC
Concession
Agreement
CONCESSION AGREEMENT BETWEEN
CITY OF MIAMI BEACH, FLORIDA AND
TASTE BAKERY MB CITY HALL LLC D/B/A TASTE BAKERY CAFE
FOR MANAGEMENT AND OPERATION OF A FOOD & BEVERAGE CONCESSION
IN THE OUTDOOR SPACE ADJACENT TO 773 17th STREET
THIS CONCESSION AGREEMENT (the "Agreement") made the ' day of
2017, between the CITY OF MIAMI BEACH, FLORIDA, a municipal corpora ion
organized and existing under the laws of the State of Florida (hereinafter called the
"City"), having its principal address at 1700 Convention Center Drive, Miami Beach,
Florida, 33139, and TASTE BAKERY MB CITY HALL LLC d/b/a TASTE BAKERY
CAFE, a Florida limited liability company, having its principal place of business at 773
17th Street, Miami Beach, Florida, 33139 (hereinafter called "Concessionaire").
The City hereby grants to the Concessionaire, and the Concessionaire hereby accepts
from the City, the rights to maintain, manage, and operate a food and beverage
concession within the Concession Area (as hereinafter defined), in accordance with the
purpose(s) and for the term(s) stated herein, and subject to all the terms and conditions
herein contained.
SECTION 1. TERM.
1.1
This Agreement shall commence on the 1st day of November, 2017 (the
"Commencement Date"), and terminate on the 31St day of October, 2020
("Term").
For purposes of this Agreement, a "Contract Year" shall be defined as that
certain period commencing on the 1St day of November, and ending on the
31St day of October.
Provided Concessionaire is in good standing and free from default(s)
under Section 13 hereof, and upon written notice from Concessionaire,
which notice shall be submitted to the City Manager no earlier than one
hundred eighty (180) days, but in any case no later than one hundred
twenty (120) days prior to the expiration of the initial Term, this Agreement
may be extended for two (2) additional one (1) year renewal terms. Any
extension, if approved, shall be memorialized in writing and signed by the
parties hereto (with the City hereby designating the City Manager as the
individual authorized to execute such extensions on its behalf).
In the event that the City Manager determines, in his sole discretion, not to
extend or renew this Agreement (upon expiration of the initial term or of
the first renewal term), the City Manager shall notify Concessionaire of
same in writing, which notice shall be provided to Concessionaire within
thirty (30) business days of the City Manager's receipt of Concessionaire's
written notice.
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1.2 Tenant may take possession of the Demised Premises and Concession
Area (each, as defined in Subsection 2.1) prior to the Commencement
Date upon execution of the Lease Agreement (as defined in Subsection
2.1) and by all parties hereto and by providing written Notice to Landlord
of Tenant's intent to occupy the Demised Premises. Any additional time
provided to Tenant shall be added to the initial Contract Year.
It is the intent of the parties hereto that, unless otherwise terminated
pursuant to the provisions of this Agreement, the Term of this
Agreement is intended to run concurrent with the term, including any
extensions thereof, of the Lease Agreement, as referenced on Page 1
of this Agreement.
1.3 Termination for Convenience:
If, at any time during the Term of this Agreement, the Lease
Agreement is terminated or otherwise ceases to be of any legal force
and effect, for whatever reason whatsoever, then this Agreement
shall automatically terminate, and shall be null and void and of no
further force and effect, and the City shall have no further liability
with respect to same.
The City shall have the right to terminate this Agreement, without
cause and for convenience, and without any liability to the City, upon
providing thirty (30) days written notice to Concessionaire.
SECTION 2. CONCESSION AREA.
The City hereby grants to Concessionaire the right, during the Term
herein, to maintain, manage and operate an outdoor seating area in the
following Concession Area:
2.1 Concession Area:
The City and Concessionaire are parties to a Lease Agreement, of even
date, (the "Lease Agreement") relating to 734 square feet of restaurant
space located at 773 17th Street, Miami Beach, Florida 33139 (the
"Demised Premises"). The concession area shall consist of 507 square
feet of outdoor space adjacent to and east of the Demised Premises (the
"Concession Area"); which outdoor space is further delineated in "Exhibit
2.1", attached hereto and incorporated herein.
Concessionaire shall have the right to place up to twenty six (26) chairs
(with associated tables) and five (5) umbrellas (collectively, "Concession
Area Furniture") within the Concession Area, subject to approval of the
type of Concession Area Furniture and site plan by the City, in its
regulatory capacity, including the Planning Department, and compliance
with applicable ADA requirements. The proposed site plan is also
delineated in Exhibit 2.1. No material change in the proposed site plan (or
in Exhibit 2.1) shall be permitted without the prior written consent of the
City Manager or her designee, which consent (if given at all) shall be at
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the City Manager's (or his designee's) sole and reasonable judgment and
discretion.
2.2 Concessionaire hereby agrees and acknowledges that the Concession
Area shall be open and available to all members of the general public
choosing to enjoy Concessionaire's food and beverage services.
SECTION 3. USE(S).
3.1 The Concession Area shall be used by the Concessionaire solely as an
outdoor seating area for the patrons and guests of the Demised Premises.
The Concession Area shall have minimum days and hours of operation
from Monday through Friday, commencing at 7:00 AM, and ending at 5:00
PM. Nothing herein contained shall be construed to authorize hours
contrary to the laws governing such operations. Any change in the
minimum days or hours of operation shall require the prior written consent
of the City Manager. In no event shall the hours of operation extend
earlier than 7:00 AM, or later than 11:00 PM. Notwithstanding the
preceding hours of operation, the Concession Area shall only be
open when the Demised Premises are open for business (and,
conversely, shall be closed when the Demised Premises is closed).
3.2 Concessionaire and the tenant of the Demised Premises shall at all
times throughout the Term of this Agreement be one and the same
and cannot exist independently of each other. Concessionaire
acknowledges and agrees that its use of the Concession Area shall
be, and remain at all times throughout the Term, an ancillary use to
the Demised Premises.
The number of seating in the Concession Area shall be included in the
overall seating count of the Demised Premises. There shall be no bar
counter of any kind as part of the Concession Area and all food served
shall be prepared within the interior kitchen of the Demised Premises.
There shall be no alcoholic beverages permitted on the Concession Area.
All tables, chairs, and umbrellas will be removed and stored each night at
close of business. Any exception to this requirement shall be at the sole
and absolute discretion of the City Manager or his designee.
Concessionaire shall further maintain the Concession Area and abide by
the conditions set forth in Exhibit 3.2 (the "Additional Requirements"),
attached hereto and incorporated herein.
3.2.1. Removal of Concessionaire's Property during Emergency
Situations. The City Manager or his/her designee may direct or require
the Concessionaire to immediately remove, relocate and/or store all or
part of the Concession Area Furniture or equipment located thereon for
public safety considerations in emergency situations, including, without
limitation, a threatened tropical storm or hurricane. Upon written
and/or verbal notification by the City Manager of a tropical
storm/hurricane warning or alert, or other major weather event that
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may adversely impact the City, or upon the designation by the United
States National Weather Service or National Hurricane Center of a
tropical storm/hurricane warning or alert, whichever occurs first, the
Concessionaire shall, within no more than two hours of same, remove
and store all of Concessionaire's Property to secure Concessionaire's
Property in response to the threatened storm or other emergency, and
shall take all other measures which may be necessary for the
protection of the public with respect thereto. The notification by the City
Manager of a hurricane or other major weather event, or the issuance
of a hurricane warning, shall constitute a public emergency situation.
The failure of the City to direct the Concessionaire to remove or safety
store Concessionaire's Property shall not relieve the Concessionaire of
its obligation to remove and store Concessionaire's Property in
response to a threatened storm event as outlined herein.
Should Concessionaire fail to remove Concessionaire's Property within
said two (2) hour period, or in the event the City Manager or his/her
designee determines, at his/her sole discretion, that Concessionaire's
removal, storage and other efforts are otherwise not satisfactory,
Concessionaire shall thereafter be assessed a fee of $50.00 per hour,
until such time as all of Concessionaire's Property have been removed
to the City Manager's satisfaction. In addition, the City Manager,
without any obligation to do so, may immediately proceed to remove,
relocate, and/or store the Concessionaire's Property that has otherwise
not been removed by the Concessionaire, at the Concessionaire's sole
cost and expense, with payment to the City for all such costs due
within thirty (30) days of City's invoice to Concessionaire.
Concessionaire shall be solely responsible for any damage to City
property or other property resulting from Concessionaire's failure to
remove and store Concessionaire's property, or otherwise implement
appropriate measures in response to a threatened storm or hurricane.
Concessionaire's failure to comply with this section shall constitute a
default under this Agreement. The remedies identified herein for
Concessionaire's failure to comply with this section are cumulative,
and in addition to, all remedies that may be available to the City at law
and in equity.
3.3 Concessionaire hereby warrants and represents to City that
Concessionaire is the owner of the restaurant operating at the
Demised Premises and shall, throughout the Term of the Lease
Agreement, remain as the owner of said restaurant, unless any
change in ownership is approved by the City Manager, in writing,
prior to such change taking place. Change of ownership for
purposes hereof shall include, without limitation, a sale, exchange,
assignment, transfer or other disposition by tenant of all or a portion
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of tenant's interest in the restaurant, whether by operation of law or
otherwise.
3.4 Concessionaire agrees not to place any speakers, or any other device
used to amplify sound, in or around the Concession Area. Concessionaire
further agrees to not attach any televisions, speakers, or any other device
used to amplify sound, to the exterior of the Demised Premises.
Furthermore, Concessionaire shall in no manner use the Concession
Area, or Concessionaire's restaurant at the Demised Premises, as an
outdoor entertainment or open air entertainment establishment, and
hereby acknowledges that such uses are prohibited (whether as main or
accessory uses).
3.5 Concessionaire shall be permitted to apply to the City of Miami Beach for
one (1) special event permit for the sole and express purpose of hosting
an opening event for the restaurant. At no time thereafter, throughout the
remaining term of the Lease Agreement, shall the Concessionaire be
permitted to submit an application for a special event to be held on the
Concession Area.
3.6 It is understood and agreed that the Concession Area shall be used by the
Concessionaire during the term of this Agreement only for the uses
contemplated herein, and for no other purpose or use whatsoever.
Concessionaire will not make or permit any use of the Concession Area
that, directly or indirectly, is forbidden by public law, ordinance or
government regulation, or that may be dangerous to life, limb or property.
Concessionaire may not commit waste on the Concession Area, use the
Concession Area for any illegal purpose, or commit a nuisance on the
Concession Area. In the event that the Concessionaire uses the
Concession Area for any purpose not expressly permitted herein, then the
City may declare this Agreement in default pursuant to Section 13, or
without notice to Concessionaire, restrain such improper use by injunction
or other legal action.
3.7 Notwithstanding anything to the contrary contained herein, in the
event of a breach by Concessionaire of any conditions in this
Section 3, the City%Manager, in his sole determination and judgment,
shall have the right to automatically terminate this Agreement,
without any liability to the City; said termination effective upon three
(3) days written notice to Concessionaire. By executing this
Agreement, Concessionaire hereby agrees to this condition, and
further voluntarily and knowingly waives and releases any and all
rights now or hereinafter conferred upon Concessionaire pursuant to
Florida Statutes including, without limitation, the procedures set
forth in Chapter 83, Florida Statutes' for removal in nonresidential
tenancies; the Miami -Dade; and the Miami Beach Code
(respectively); to the extent this and applicable law(s) would have the
effect of limiting or modifying the City's rights to terminate this
Agreement pursuant to this Subsection.
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3.8 Concessionaire shall obtain, at its sole expense and responsibility, any
business tax receipts required by the City for the proposed use(s)
contemplated herein.
SECTION 4. CONCESSION FEES.
4.1 Intentionally Omitted
4.2 Intentionally Omitted
4.3 Interest for Late Payment.
Any payment which Concessionaire is required to make to the City which
is not paid on or before the respective date provided for in this Agreement
shall be subject to a late charge of Fifty and 00/100 ($50.00), plus interest
at the rate of eighteen (18%) percent per annum, or the maximum amount
allowable under Florida law, whichever is lesser, from the due date of
payment until such time as payment is actually received by the City.
4.4 Sales and Use Tax.
It is also understood that the required Florida State Sales and Use Tax
shall be added to Concessionaire's payments and forwarded to the City as
part of said payments. It is the City's intent that it is to receive all payments
due from Concessionaire as net of such Florida State Sales and Use Tax.
SECTION 5. Intentionally Omitted
SECTION 6. Intentionally Omitted
SECTION 7. TAXES, ASSESSMENTS, AND UTILITIES.
Concessionaire agrees and shall pay, before delinquency, all taxes and
assessments of any kind (including, without limitation, ad valorem taxes, if
assessed, and/or Resort Taxes) levied or assessed upon Concessionaire
and/or the Concession Area including, without limitation, any such taxes
and/or assessments that may be levied and/or assessed against
Concessionaire and/or the Concession Area by reason of this Agreement,
or by reason of the business or other operations and/or activities of
Concessionaire upon or in connection with the Concession Area.
Concessionaire will have the right, at its own expense, to contest the
amount or validity, in whole or in part, of any tax and/or assessment by
appropriate proceedings, which Concessionaire shall conduct diligently
and continuously, in good faith. Concessionaire may refrain from paying a
tax to the extent it is contesting the imposition of same in a manner that is
in accordance with law; provided, however, if, as a result of such contest,
additional delinquency charges become due, Concessionaire shall be
responsible for such delinquency charges, in addition to payment of the
contested tax (if so ordered).
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Concessionaire shall be solely responsible for and shall promptly pay
when due all charges for utility service(s) provided to the Concession Area
(including all hook-up fees and impact fees) for gas, electricity, water,
sewer, cable, telephone, trash collection, etc., if applicable.
In addition to other rights and remedies hereinafter reserved to the City,
upon the failure of Concessionaire to pay for such utility services when
due, the City may elect to pay same and Concessionaire shall promptly
reimburse the City upon demand. In no event shall the City be liable,
whether to Concessionaire or to third parties, for an interruption or failure
in the supply of any utilities services to the Concession Area.
SECTION 8. EMPLOYEES AND INDEPENDENT CONTRACTORS.
8.1 Concessionaire shall select, train, employ (or otherwise hire or retain)
such number of employees and/or independent contractors as is
necessary and appropriate for Concessionaire to satisfy its responsibilities
hereunder, and as necessary to maintain the same levels of service as
exist in similar first class concession facilities and operations.
Concessionaire's employees and/or independent contractors shall be
employees and/or independent contractors of Concessionaire and not of
the City, and Concessionaire shall be solely responsible for their
supervision and daily direction and control. Concessionaire shall be solely
responsible for, and have the sole authority to hire, terminate and
discipline any and all personnel and/or contractors employed or retained
by Concessionaire.
8.2 All employees and/or independent contractors shall observe all the graces
of personal grooming. Concessionaire shall hire people to work in its
operation who are neat, clean, well groomed, and comport themselves in
a professional and courteous manner. Concessionaire and any persons
hired and/or retained by Concessionaire shall never have been convicted
of a felony.
Concessionaire shall have an experienced manager or managers
overseeing the concession operations at all times.
SECTION 9. Intentionally Omitted
SECTION 10. IMPROVEMENTS, MAINTENANCE, REPAIR and OPERATION.
Concessionaire accepts the use of the Concession Area in its "AS IS"
"WHERE IS" condition. Concessionaire assumes sole responsibility and
expense for maintenance of the Concession Area (including all furniture,
fixtures, equipment and any other improvements thereon). This shall
include, without limitation, daily (i.e. 365 days) removal of litter, garbage
and debris. Concessionaire shall also be responsible for all garbage
disposal generated by its operations.
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10.1 Improvements.
10.1.1. Any improvements to the Concession Area shall be at
Concessionaire's sole expense and responsibility; provided, however,
that any plans for such improvements shall be submitted to the City
Manager or her designee for prior written approval. Upon termination
and/or expiration of this Agreement, all personal property and non-
permanent trade fixtures may be removed by Concessionaire without
causing damage to the Concession Area.
All permanent (fixed) improvements to the Concession Area shall
remain the property of the City upon termination and/or expiration of
this Agreement, except as provided in Subsection 10.1.2.
Concessionaire will permit no liens to attach to the Concession Area
arising from, connected with, or related to, the design, construction,
and installation of any improvements.
Construction of any approved improvements shall be diligently
prosecuted to completion and accomplished through the use of
licensed, reputable contractors who are acceptable to the City
Manager or her designee. In addition to obtaining the prior approval of
the City Manager or her designee (acting on behalf of the City, in a
proprietary capacity), Concessionaire shall also be solely responsible
for obtaining, at its sole cost and expense, any and all permits,
licenses, and/or regulatory approvals; such regulatory approvals which
may include, without limitation, land use board and/or the approvals of
other required regulatory agencies having jurisdiction) required for the
construction of improvements.
10.1.2. Notwithstanding Subsection 10.1.1 hereof, upon termination and/or
expiration of this Agreement, Concessionaire shall immediately remove
any permanent improvements made to the Concession Area during the
Term, at Concessionaire's sole expense and responsibility. In such
event, Concessionaire shall also restore the Concession Area to its
original condition prior to the improvements being made, reasonable
wear and tear excepted.
10.1.3. The above requirements for submission of plans and the use of
specific contractors shall not apply to improvements (which term, for
purposes of this Subsection 10.1.3 only, shall also include
improvements necessary for Concessionaire's ongoing maintenance
and repair of the Concession Area) which do not exceed Five Hundred
($500.00) Dollars; provided that the work is not structural, and provided
further that it is permitted by applicable law.
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10.2 Garbage Receptacles.
With respect to litter, garbage and debris removal, Concessionaire shall
provide, at its sole expense, a sufficient number of trash receptacles for its
own use and for the use of its patrons. Determination of the "number" of
receptacles shall at all times be within the City Manager or her designee's
sole discretion. Disposal of the contents of said receptacles (and removal
of litter, garbage and debris within the Concession Area), shall be done on
a daily (Le. 365 days) basis. Any costs for removal of the contents of said
trash receptacles by the City, because of the Concessionaire's failure to
do so, will be assessed to, 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 Concessionaire's operations, into any of the
City's trash dumpster shall be prohibited.
10.3 Maintenance/Repair.
Concessionaire shall maintain, at its sole expense and responsibility, all
furniture, fixtures, and equipment (FFE) and any other improvements
(whether permanent or not) required to operate the concession. In the
event any FFE and/or other improvement(s) is lost, stolen, or damaged, it
shall be replaced or repaired promptly, at the sole expense of
Concessionaire.
10.3.1. All damage or injury of any kind to the Concession Area, and/or to any
improvements and/or FFE thereon, except damage caused by the
willful misconduct or gross negligence of the City, shall be the sole
obligation of Concessionaire, and shall be repaired, restored and/or
replaced promptly by Concessionaire, at its sole expense, to the
satisfaction of the City Manager or his designee.
10.3.2. All of the aforesaid repairs, restoration and replacement shall be in
quality and class equal to or better than the original work (or FFE, as
the case may be) and shall be done in good and workmanlike manner.
10.3.3. If Concessionaire fails to make any repairs, restoration and/or
replacement, the same may be made by the City, at the expense of
Concessionaire, and all sums spent and expenses incurred by the City
shall be collectable by the City and shall be paid by Concessionaire
within ten (10) days after receipt of a bill or statement thereof.
Notwithstanding that the City may elect to make such repairs,
restoration, and/or replacement, the City shall have no obligation
and/or affirmative duty to do so.
10.3.4. It shall be Concessionaire's sole obligation to ensure that any
renovations, repairs and/or improvements made by Concessionaire to
the Concession Area comply with all applicable permitting, building
codes and life safety codes of governmental authorities having
jurisdiction.
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10.4 No Dangerous Materials.
Concessionaire agrees not to use or permit in the Concession Area the
storage and/or use of gasoline, fuel oils, diesel, illuminating oils, oil lamps,
combustible powered electricity producing generators, turpentine,
benzene, naphtha, propane, natural gas, or other similar substances,
combustible materials, or explosives of any kind, or any substance or thing
prohibited in the standard policies of fire insurance companies in the State
of Florida. Any such substances or materials found within the Concession
Area shall be immediately removed.
In consideration of a separate and specific consideration of Ten ($10.00)
Dollars and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, Concessionaire shall
indemnify and hold the City harmless from any loss, damage, cost, or
expense of the City, including, without limitation, reasonable attorney's
fees, incurred as a result of, arising from, or connected with the placement
by Concessionaire of any "hazardous substance" or "petroleum products"
on, under, in or upon the Concession Area as those terms are defined by
applicable Federal and State statutes, or any environmental rules and
environmental regulations promulgated thereunder. The provisions of this
subsection 10.4 shall survive the termination or earlier expiration of this
Agreement.
10.5 Security.
Concessionaire shall be responsible for and provide such reasonable
security measures as may be required to protect the Concession Area and
any improvements and FFE thereon. Under no circumstances shall the
City be responsible for any stolen or damaged FFE; damage to or loss of
any improvements; or any stolen, lost, or damaged personal property of
Concessionaire's employees, contractors, patrons, guests, invitees, and/or
any other third parties.
10.6 Inspection.
Concessionaire agrees that the Concession Area (and operations thereon)
may be inspected at any time during hours of operation by the City
Manager or his designee, or by any other municipal, County or State
officer, or other agency having responsibility and/or jurisdiction for
inspection of such operations. Concessionaire hereby waives all claims
against the City for compensation for loss or damage sustained by reason
of any interference with the concession operations, whether by the City or
by any public agency or official, in enforcing their respective duties, or
enforcing compliance with any applicable laws, or ordinances, or
regulations.
SECTION 11. Tenant's Insurance Requirements.
11.1 Prior to occupying the Concession Area and throughout the Term of the
Agreement (including renewal periods), Tenant shall, at its sole cost and
expense, comply with all insurance requirements of the City. It is agreed
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by the parties that Tenant shall not occupy the Demised Premises until
proof of the following insurance coverage have been reviewed and
approved by the City's Risk Manager. All insurance policies required
below shall be issued by companies authorized to do business under the
laws of the State of Florida. Provider shall indicate that insurance
coverage has been obtained which meets the requirements as outlined
below by submitting original certificates of insurance to the City's Risk
Manager and Asset Manager respectively:
11.1.1. Worker's Compensation for all employees of the provider as required
by Florida Statute 440 and Employer's Liability coverage in accordance
with the Florida Statutory requirements.
11.1.2. Commercial General Liability on a comprehensive basis in an amount
not less than $1,000,000 combined single limit per occurrence, for
bodily injury and property damage. City of Miami Beach must be
shown as an additional insured with respect to this coverage.
11.1.3. Additionally Tenant will be insured for the following coverage:
11.1.3.1. Business interruption insurance sufficient to insure Tenant for no
less than one (1) full year of loss of business, with the City named
thereon as loss payee to the extent permitted by applicable law.
11.1.4. Intentionally Omitted
11.1.5. All -Risk property and casualty insurance, written at a minimum of
eighty (80%) percent of replacement cost value and with replacement
cost endorsement, covering all leasehold improvements installed in the
Demised Premises by or on behalf of Tenant and including without
limitation all of Tenant's personal property in the Demised Premises
(including, without limitation, inventory, trade fixtures, floor coverings,
furniture, and other property removable by Tenant under the provisions
of this Agreement).
11.2 The insurance coverage required shall include those classifications, as
listed in standard liability insurance manuals, which most nearly reflect the
operations of the provider.
11.3 Any insurance coverage required above must include a waiver of
subrogation in favor of the City.
11.4 The company must be rated no less than "A" as to management, and no
less than "Class VII" as to financial strength, by the latest edition of Best's
Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey,
or its equivalent, subject to the approval of the City Risk Management
Division.
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CERTIFICATE HOLDER MUST READ:
CIO Insurance Tracking Services, Inc. (ITS)
P.O. Box 20270
Long Beach, CA 90801
Updated COI must be submitted to ITS via email with the following:
1. Email address: miamibeach.contracts a(�instrackinq.com
2. Copy Andrew Bejel at AndrewBejel(c�miamibeachfl.gov and Febe
Perez at febeperez(c�miamibeachfl.gov on the submittal to ITS
11.5 Compliance with the foregoing requirements shall not relieve the vendor of
his liability and obligation under this section or under any other section of
this Agreement.
11.6 City reserves the right to impose additional reasonable insurance
requirements as the City may deem necessary or in accordance with
common practice.
11.7 The policies of insurance referred to above shall not be subject to
cancellation or changing coverage except upon at least thirty (30) days
written notice to City and then subject to the prior written approval of the
City's Risk Manager. Should Tenant fail to obtain, maintain or renew the
policies of insurance referred to above, in the required amounts, the City
may, at its sole discretion, obtain such insurance, and any sums expended
by City in obtaining said insurance, shall be repaid by TENANT to City,
plus ten percent (10%) of the amount of premiums paid to compensate
City for its administrative costs. If Tenant does not repay City's
expenditures within fifteen (15) days of demand, the total sum owed shall
accrue interest at the rate of twelve percent (12%) until paid, and such
failure shall be deemed an event of default hereunder.
11.8 Waiver of Subrogation.
Concessionaire hereby grants to City of Miami Beach a waiver of any right
to subrogation which any insurer of the Tenant may acquire against the
City by virtue of the payment of any Toss under such insurance.
Concessionaire agrees to obtain any endorsement that may be necessary
to affect this waiver of subrogation, but this provision applies regardless of
whether or not the City has received a waiver of subrogation endorsement
from the insurer.
SECTION 12. INDEMNITY.
12.1 In consideration of a separate and specific consideration of Ten ($10.00)
Dollars and other good and valuable consideration the receipt and
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sufficiency of which are hereby acknowledged, Concessionaire shall
indemnify, hold harmless and defend the City, its officers, employees,
contractors, agents or servants from and against any claim, demand or
cause of action of whatsoever kind or nature arising out of error, omission,
or negligent act of Concessionaire, its officers, employees, contractors,
agents or servants in the performance of services under this Agreement.
12.2 In addition, and in consideration of a separate and specific consideration
of Ten ($10.00) Dollars and other good and valuable consideration the
receipt and sufficiency of which are hereby acknowledged,
Concessionaire shall indemnify, hold harmless and defend the City, its
officers, employees, contractors, agents or servants from and against any
claim, demand or cause of action of whatever kind or nature arising out of
any misconduct of Concessionaire, its officers, employees, contractors,
subconcessionaire(s), agents or servants not included in Subsection 12.1
herein and for which the City, its officers, employees, contractors,
subconcessionaire(s), agents or servants are alleged to be liable.
12.3 Subsections 12.1 and 12.2 shall survive the termination or expiration of
this Agreement. Subsections 12.1 and 12.2 shall not apply, however, to
any such liability, that arises as a result of the willful misconduct or gross
negligence of the City, its officers, employees, contractors, agents or
servants.
12.4 Intentionally Omitted
12.5 Force Maieure.
Whenever a period of time is herein prescribed for the taking of any action
by the City or Concessionaire (as applicable), the City or Concessionaire
(as applicable), shall not be liable or responsible for, and there shall be
excluded from the computation of such period of time, any delays due to
strikes, riots, acts of God, shortages of labor or materials, war, or
governmental laws, regulations, or restrictions in the nature of a
prohibition or moratorium, or any bona fide delay beyond the reasonable
control of City or Concessionaire (as applicable). The foregoing shall not
apply to any payments of money due under this Agreement.
12.6 Waiver of Loss from Hazards.
Concessionaire hereby expressly waives all claims against the City for
loss or damage sustained by the Concessionaire resulting from an event
of Force Majeure (as defined herein), and the Concessionaire hereby
expressly waives all rights, claims, and demands against the City and
forever releases and discharges the City from all demands, claims, actions
and causes of action arising from any of the aforesaid causes.
SECTION 13. DEFAULT AND TERMINATION.
Subsections 13.1 through 13.4 shall constitute events of default under this
Agreement. An event of default by Concessionaire shall entitle the City to
exercise any and all remedies described as the City's remedies under this
14
Agreement, including but not limited to those set forth in Subsection 13.5.
An event of default by the City shall entitle Concessionaire to exercise any
and all remedies described as Concessionaire's remedies under this
Agreement, including but not limited to those set forth in Subsection 13.6.
13.1 Bankruptcy.
If either the City or Concessionaire shall be adjudged bankrupt or
insolvent, or if any receiver or trustee of all or any part of the business
property of either party shall be appointed, or if any receiver of all or any
part of the business property shall be appointed and shall not be
discharged within sixty (60) days after appointment, or if either party shall
make an assignment of its property for the benefit of creditors, or shall file
a voluntary petition in bankruptcy, or insolvency, or shall apply for
reorganization or arrangement with its creditors under the bankruptcy or
insolvency laws now in force or hereinafter enacted, Federal, State, or
otherwise, or if such petitions shall be filed against either party and shall
not be dismissed within sixty (60) days after such filing, then the other
party may immediately, or at any time thereafter, and without further
demand or notice, terminate this Agreement without being prejudiced as to
any remedies which may be available to it for breach of contract.
13.2 Default in Payment.
If any payment and accumulated penalties are not received within fifteen
(15) days after the payment due date, and such failure continues three (3)
days after written notice thereof, then the City may, without further
demand or notice, terminate this Agreement without being prejudiced as to
any remedies which may be available to it for breach of contract.
13.3 Non -Monetary Default.
In the event that Concessionaire or the City fails to perform or observe any
of the covenants, terms or provisions under this Agreement, and such
failure continues thirty (30) days after written notice thereof from the other
party hereto, such non -defaulting party may immediately or at any time
thereafter, and without further demand or notice, terminate this
Agreement. In the event that a default is not reasonably susceptible to
being cured within such period, the defaulting party shall not be
considered in default if it shall, within such period, commence with due
diligence and dispatch to cure such default and thereafter completes with
dispatch and due diligence the curing of such default, but in no event shall
such extended cure period exceed ninety (90) days from the date of
written notice thereof. In the event Concessionaire cures any default
pursuant to this subsection, it shall promptly provide the City with written
notice of same.
13.4 Default Under Lease Agreement.
In the event that Concessionaire is in default under the Lease Agreement
then the City may, without further demand or notice, terminate this Lease
15
Agreement without being prejudiced as to any remedies which may be
available to it for breach of contract.
13.5 City's Remedies for Concessionaire's Default.
If any of the events of default, as set forth in this Section, shall occur, the
City may, after notice (if required) and the expiration of cure periods, as
provided above, at its sole option and discretion, institute such
proceedings as in its opinion are necessary to cure such default(s) and to
compensate the City for damages resulting from such default(s), including
but not limited to the right to give to Concessionaire a notice of termination
of this Agreement. If such notice is given, the Term of this Agreement shall
terminate upon the date specified in such notice from the City to
Concessionaire. On the date so specified, Concessionaire shall then quit
and surrender the Concession Area to the City pursuant to the provisions
of Subsection 13.8. Upon the termination of this Agreement by the City, all
rights and interest of Concessionaire in and to the Concession Area and to
this Agreement, and every part thereof, shall cease and terminate and the
City may, in addition to any other rights and remedies it may have, retain
all sums paid to it by Concessionaire under this Agreement.
In addition to the rights set forth above, the City shall have the rights to
pursue any and all of the following:
a. the right to injunction or other similar relief available to it under
Florida law against Concessionaire; and/or
b. the right to maintain any and all actions at law or suits in equity
or other proper proceedings to obtain damages resulting from
Concessionaire's default.
13.6 Concessionaire's Remedies for City's Default.
If an event of default, as set forth in this Section, by the City shall occur,
Concessionaire may, after the expiration of the cure period, terminate this
Agreement upon written notice to the City. Said termination shall become
effective upon receipt of the written notice of termination by the City. On
the date specified in the notice, Concessionaire shall quit and surrender
the Concession Area to the City pursuant to the provisions of Subsection
13.8.
13.7 Termination for Convenience.
13.7.1. Notwithstanding any other provision of this Section 13, this Agreement
may be terminated, in whole or in part, by the City, for convenience
and without cause, upon the furnishing of thirty (30) days prior written
notice to Concessionaire.
13.7.2. In the event of termination by the City pursuant to this subsection,
Concessionaire herein acknowledges and agrees that it shall not have
16
any claim, demand, or cause of action of whatsoever kind or nature,
against the City, its agents, servants and employees (including, but not
limited to, claims for any start-up costs, interference in business or
damages for interruption of services, or interference in its concession
operations). In no event shall the City be liable to Concessionaire for
any indirect, incidental, special, lost profits or consequential damages.
13.8 Surrender of Concession Area.
At the expiration of this Agreement, or earlier termination in accordance
with the terms of this Agreement, Concessionaire shall surrender the
Concession Area in the same condition as the Concession Area was prior
to the Commencement Date of this Agreement, reasonable wear and tear
excepted. Concessionaire shall remove all its personal property, upon
forty-eight (48) hours written notice from the City Manager or his designee
unless a longer time period is agreed to by the City. Concessionaire's
obligation to observe or perform this covenant shall survive the expiration
or other termination of this Agreement. Continued occupancy of the
Concession Area after termination of the Agreement shall constitute
trespass by the Concessionaire, and may be prosecuted as such. In
addition, the Concessionaire shall pay to the City One Thousand
($1,000.00) Dollars per day as liquidated damages for such trespass and
holding over.
SECTION 14. Intentionally Omitted
SECTION 15. Intentionally Omitted
SECTION 16. SPECIAL EVENTS / SPONSORSHIPS.
16.1 City Special Events.
In the event that the City, at its sole discretion, deems that it would be in
the best interest of the City, the City reserves the right to displace the
Concessionaire for City produced and/or sponsored special events and/or
City produced and/or sponsored productions. Additionally, the aforestated
events may also require additional time for Toad -in and load -out of the
event. In such cases, the City may request that Concessionaire cease and
desist operations during the term of, and in the area of, the special event
and/or production, and Concessionaire shall cease and desist during such
time. If the Concessionaire is not required to close, or the City Manager or
his designee determines that Concessionaire may remain open in such a
manner as prescribed by the City, that will not interfere with the special
event and/or production, Concessionaire shall use its best efforts, in either
case, in cooperating with the City. If Concessionaire is allowed to remain
open during special events and/or productions, Concessionaire may be
allowed to have in operation its normal daily complement of equipment
and staff. "Normal" shall be defined as equipment and staff that the
Concessionaire customarily has available to service its patrons within the
Concession Area on a normal business day (during its hours of operation).
17
16.2 Sponsorships.
The City reserves unto itself all present and future rights to negotiate all
forms of endorsement and/or sponsorship agreements based on the
marketing value of any City trademark, property, brand, logo and/or
reputation. Any and all benefits derived from an endorsement and/or
sponsorship agreement based on the marketing value of a City trademark,
property, brand, logo and/or reputation, shall belong exclusively to the
City. Concessionaire shall be specifically prohibited from entering into, or
otherwise creating any, sponsorships and/or endorsements with third
parties which are based solely or in any part on the marketing value of a
City trademark, property, brand, logo and/or reputation.
SECTION 17. NO IMPROPER USE.
Concessionaire will not use, nor suffer or permit any person to use in any
manner whatsoever, the Concession Area for any improper, immoral or
offensive purpose, or for any purpose in violation of any Federal, State,
County, or municipal ordinance, rule, order or regulation, or of any
governmental rule or regulation now in effect or hereafter enacted or
adopted. Concessionaire will protect, indemnify, and forever save and
keep harmless the City, its officers, employees, contractors, agents or
servants, from and against damage, penalty, fine, judgment, expense or
charge suffered, imposed, assessed or incurred for any violation, or
breach of any law, ordinance, rule, order or regulation occasioned by any
act, neglect or omission of Concessionaire, or any of its officers,
employees, contractors, agents or servants. In the event of any violation
by Concessionaire, or if the City shall deem any conduct on the part of
Concessionaire to be objectionable or improper, the City Manager or his
designee shall have the right to suspend the concession operations
should the Concessionaire fail to correct any such violation, conduct, or
practice to the satisfaction of the City Manager or his designee within
twenty-four (24) hours after receiving written or verbal notice of the nature
and extent of such violation, conduct, or practice; such suspension to
continue until the violation is cured. Concessionaire further agrees not to
commence operations during the suspension until the violation has been
corrected to the satisfaction of the City Manager or his designee.
SECTION 18. Intentionally Omitted
SECTION 19. NOTICES.
All notices from the City to Concessionaire shall be deemed duly served
upon receipt, if mailed by registered or certified mail with a return receipt
to Concessionaire at the following addresses:
Rohit Thakore
TASTE BAKERY CAFE, LLC
773 17th Street
Miami Beach, Florida 33139
18
All notices from Concessionaire to the City shall be deemed duly served
upon receipt, if mailed by registered or certified mail return receipt
requested to the City of Miami Beach at the following addresses:
With copy to:
City Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Office of Real Estate
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Concessionaire and the City may change the above mailing addresses at
any time upon giving the other party written notification. All notices under
this Agreement must be in writing.
SECTION 20. LAWS.
20.1 Compliance.
Concessionaire shall comply with all applicable City, County, State, and
Federal ordinances, statutes, rules and regulations (including but not
limited to all applicable environmental City, County, State, and Federal
ordinances, statutes, rules and regulations, as same may be amended
from time to time.
20.2 No Discrimination.
Concessionaire hereby agrees hereby agrees to comply with City of Miami
Beach Human Rights Ordinance, as codified in Chapter 62 of the City
Code, as may be amended from time to time, prohibiting discrimination in
employment, housing, public accommodations, or public services, on the
basis of actual or perceived race, color, national origin, religion, sex,
intersexuality, sexual orientation, gender identity, familial and marital
status, age, ancestry, height, weight, domestic partner status, labor
organization membership, familial situation, political affiliation, or disability.
SECTION 21. MISCELLANEOUS.
21.1 No Partnership.
Nothing contained in this Agreement shall constitute or be construed to be
or create a partnership or joint venture between the City and
Concessionaire.
21.2 Modifications.
This Agreement cannot be changed or modified except by agreement in
writing executed by all parties hereto. Concessionaire acknowledges that
19
no modification to this Agreement may be agreed to by the City unless
approved by the Mayor and City Commission except where such authority
has been expressly provided herein to the City Manager.
21.3 Complete Agreement.
This Agreement, together with all exhibits incorporated hereto, constitutes
all the understandings and agreements of whatsoever nature or kind
existing between the parties with respect to Concessionaire's operations,
as contemplated herein.
21.4 Headings.
The section, subsection and paragraph headings contained herein are for
convenience of reference only and are not intended to define, limit, or
describe the scope or intent of any provision of this Agreement.
21.5 Binding Effect.
This Agreement shall be binding upon and inure to the benefit of the
parties hereto and their respective successors and permitted assigns.
21.6 Clauses.
The illegality or invalidity of any term or any clause of this Agreement shall
not affect the validity of the remainder of the Agreement, and the
Agreement shall remain in full force and effect as if such illegal or invalid
term or clause were not contained herein unless the elimination of such
provision detrimentally reduces the consideration that either party is to
receive under this Agreement or materially affects the continuing operation
of this Agreement.
21.7 Severability.
If any provision of this Agreement or any portion of such provision or the
application thereof to any person or circumstance shall be held to be
invalid or unenforceable, or shall become a violation of any local, State, or
Federal laws, then the same as so applied shall no longer be a part of this
Agreement but the remainder of the Agreement, such provisions and the
application thereof to other persons or circumstances, shall not be
affected thereby and this Agreement shall be so modified.
21.8 Right of Entry.
The City, at the direction of the City Manager, shall at all times during
hours of operation, have the right to enter into and upon any and all parts
of the Concession Area for the purpose of examining the same for any
reason relating to the obligations of parties to this Agreement.
21.9 Nota Lease.
It is expressly understood and agreed that no part, parcel, building,
structure, equipment or space is leased to Concessionaire; that this
Agreement is a concession agreement and not a lease, and that
Concessionaire's right to operate, manage, and maintain the
concession shall continue only so long as Concessionaire complies
20
with the undertakings, provisions, agreements, stipulations and
conditions of this Agreement.
Accordingly, Concessionaire hereby agrees and acknowledges that
in the event of termination of this Agreement, whether due to a
default by Concessionaire or otherwise, Concessionaire shall
surrender and yield unto the City the Concession Area, in
accordance with Subsection 13.8 hereof, and the City shall in no way
be required to evict and/or otherwise remove Concessionaire from
the Concession Area as if this were a tenancy under Chapter 83,
Florida Statutes, nor shall Concessionaire be afforded any other
rights afforded to nonresidential tenants pursuant to said Chapter
(the parties having herein expressly acknowledged that this
Agreement is intended to be a concession agreement and is in no
way intended to be a lease).
21.10 Signage.
Concessionaire shall provide, at its sole expense and responsibility, any
required signs at its concession. All advertising, signage and postings
shall be approved by the City, and shall be in accordance with all
applicable Municipal, County, State and Federal laws and regulations. Any
signage posted by Concessionaire shall be subject to the prior approval of
the City as to size, shape and placement of same.
21.11 Conflict of Interest.
Concessionaire shall perform its services under this Agreement and
conduct the concession operation(s) contemplated herein, in a manner so
as to show no preference for other concession operations/facilities owned,
operated, managed, or otherwise controlled by Concessionaire.
21.12 No Waiver.
21.12.1. It is mutually covenanted and agreed by and between the parties
hereto that the failure of the City to insist upon the strict performance of
any of the conditions, covenants, terms or provisions of this
Agreement, or to exercise any option herein conferred, will not be
considered or construed as a waiver or relinquishment for the future of
any such conditions, covenants, terms, provisions or options but the
same shall continue and remain in full force and effect.
21.12.2. A waiver of any term expressed herein shall not be implied by any
neglect of the City to declare a forfeiture on account of the violation of
such term if such violation by continued or repeated subsequently and
any express waiver shall not affect any term other than the one
specified in such waiver and that one only for the time and in the
manner specifically stated.
21.12.3. The receipt of any sum paid by Concessionaire to the City after breach
of any condition, covenant, term or provision herein contained shall not
21
be deemed a waiver of such breach, but shall be taken, considered
and construed as payment for use and occupation (and not as rent),
unless such breach be expressly waived in writing by the City.
21.13 No Third Party Beneficiary.
Nothing in this Agreement shall confer upon any person or entity, other
than the parties hereto and their respective successors and permitted
assigns, any rights or remedies by reason of this Agreement.
SECTION 22. LIMITATION OF LIABILITY.
The City desires to enter into this Agreement placing the management and
operation of the Concession Area in the hands of a private management
entity only if so doing the City can place a limit on its liability for any cause
of action for breach of this Agreement, so that its liability for any such
breach never exceeds the sum of Ten Thousand ($10,000.00) Dollars.
Concessionaire hereby expresses its willingness to enter into this
Agreement with a Ten Thousand ($10,000.00) Dollar limitation on
recovery for any action for breach of contract. Accordingly, and in
consideration of the separate consideration of Ten Thousand ($10,000.00)
Dollars, the receipt of which is hereby acknowledged, the City shall not be
liable to Concessionaire for damages to Concessionaire in an amount in
excess of Ten Thousand ($10,000.00) Dollars, for any action for breach of
contract arising out of the performance or non-performance of any
obligations imposed upon the City by this Agreement. Nothing contained
in this paragraph or elsewhere in this Agreement is in any way intended to
be a waiver of limitation placed upon the City's liability as set forth in
Florida Statutes, Section 768.28.
SECTION 23. VENUE.
This Agreement shall be deemed to have been made and shall be
construed and interpreted in accordance with the laws of the State of
Florida. This Agreement shall be enforceable in Miami -Dade County,
Florida, and if legal action is necessary by either party with respect to the
enforcement of any and all the terms or conditions herein, exclusive venue
for the enforcement of same shall lie in Miami -Dade County, Florida. THE
CITY AND CONCESSIONAIRE HEREBY KNOWINGLY AND
INTENTIONALLY WAIVE THE RIGHT TO TRIAL BY JURY IN ANY
ACTION OR PROCEEDING THAT THE CITY AND CONCESSIONAIRE
MAY HEREIN AFTER INSTITUTE AGAINST EACH OTHER WITH
RESPECT TO ANY MATTER ARISING OUT OF OR RELATED TO THIS
AGREEMENT OR THE CONCESSION AREA.
SECTION 24. PROHIBITIONS REGARDING SALE OR USE OF EXPANDED
POLYSTYRENE FOOD SERVICE ARTICLES OR PLASTIC STRAWS.
Pursuant to Section 82-7 of the City Code, as may be amended from time to
time, effective August 2, 2014, the City has prohibited the use of expanded
polystyrene food service articles by City Contractors, in connection with any City
contract, lease, concession agreement or Special event permit. Additionally,
22
pursuant to Section 82-385 of the City Code, as may be amended from time to
time, no polystyrene food service articles will be allowed in the right-of-way, and
no polystyrene food service articles can be provided to sidewalk cafe patrons.
"Expanded polystyrene" is a petroleum byproduct commonly known as
Styrofoam. Expanded polystyrene is more particularly defined as blown
polystyrene and expanded and extruded foams that are thermoplastic
petrochemical materials utilizing a styrene monomer and processed by any
number of techniques including, but not limited to, fusion of polymer spheres
(expandable bead foam), injection molding, foam molding, and extrusion -blown
molding (extruded foam polystyrene).
"Expanded polystyrene food service articles" means plates, bowls, cups,
containers, lids, trays, coolers, ice chests, and all similar articles that consist of
expanded polystyrene.
Tenant agrees not to sell, use, provide food in, or offer the use of expanded
polystyrene food service articles at the Demised Premises or in connection with
this Lease Agreement. Tenant shall ensure that all vendors operating in the
Demised Premises abide by the restrictions contained in this Section 40. A
violation of this section shall be deemed a default under the terms of this Lease
Agreement. This section shall not apply to expanded polystyrene food service
articles used for prepackaged food that have been filled and sealed prior to
receipt by the Tenant or its vendors.
Additionally, Tenant agrees to comply (and ensure compliance by its vendors)
with Section 46-92 (c) of the City Code, which states that it is unlawful for any
person to carry any expanded polystyrene product onto any beach or into any
park within the City or for any business to provide plastic straws with the service
or delivery of any beverage to patrons on the beach.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
23
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.
FOR CITY:
ATTEST:
By:
Rafael E. Granado, City Clerk
Q
CITY OF MIAMI BEACH
Philip Le
1 "1
Date
FOR TENANT:
ATTEST:
By:
STE BAKERY MB CITY HALL LLC
Witness
90H-1 "r H-1^- 6I�.
Print Name
26 Out-
Date
c't
Date
Aditya Thakore
Authorized Member
F:\RHCD\$ALL\ECON\$ALL\ASSET\777-17th Street\Taste Bakery Cafe\Draft\Tasete Bakery Concession Agreement (Final 08-25-
17).docx
APPROVED AS TO
FORM & LANGUAGE
& F - R E ECUTION
4/0 0--5
24 City Attorney
Date
EXHIBIT 2.1
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EXHIBIT 3.2
Additional Requirements
The Concession Area shall be maintained in a clean, neat and orderly appearance at all
times by the Concessionaire. The area of the sidewalk, curb and gutter immediately
adjacent to the Concession Area shall be cleared of all debris during hours of
operation, and again at the close of each business day, or as may otherwise be
determined by the City Manager.
The Concessionaire shall be responsible for cleaning the floor surface on which the
outdoor seating is located at the close of each business day. In addition, the following
conditions shall apply:
a. Tables, chairs, umbrellas and any other outdoor cafe furniture shall be
maintained in a clean, attractive, and orderly appearance, and shall be
maintained and kept in good repair at all times;
b. All outdoor furniture shall be of high quality, design, materials, and
workmanship so as to ensure the safety and convenience of the public;
c. Only the outdoor cafe furniture specifically shown on the approved site plan
shall be allowed on the Concession Area;
d. All tables, chairs, umbrellas, and any other outdoor furniture shall be readily
removable, and shall not be physically attached, chained, or in any other
manner affixed to any public structure, street furniture, signage, and/or other
public fixture, or to a curb and/or public right-of-way;
e. The stacking or piling up of chairs shall be prohibited on the Concession
Area;
f. At close of business, all tables, chairs and any other outdoor furniture shall be
removed from the Concession Area and stored in a non-visible location from
the public right-of-way. Any exception to this requirement shall be at the sole
and absolute discretion of the City Manager and/or his/her designee.
g. No storage of dishes, silverware or other similar restaurant equipment shall
be allowed on the Concession Area, or on any other portion of the public
right-of-way, or outside the structural confines of the building in which the
restaurant is located, during non -business hours;
h. There shall be no live entertainment or speakers placed on the Concession
Area;
i. No menu board(s) shall be permitted to be displayed on the Concession Area;
j. No food preparation, food storage, refrigeration apparatus or equipment, or
fire apparatus or equipment, shall be allowed on the Concession Area;
k. No food displays shall be permitted on the Concession Area. No advertising
signs or business identification signs shall be permitted, except that the
restaurant name and/or its logo may be permitted on umbrellas but such
logos and/or lettering may not exceed six inches in height;
26
I. Plants shall be properly maintained. Distressed plants shall be promptly
replaced. Plant fertilizers which contain material that can stain the sidewalks
shall not be allowed;
m. The City Manager or his/her designee may cause the immediate removal,
relocation and/or storage of all or part of any furniture located on the
Concession Area in emergency situations or for public safety considerations.
Upon written and/or verbal notification by the City Manager of a hurricane or
other major weather event, or the issuance of a hurricane warning by Miami -
Dade County, whichever occurs first, the Concessionaire shall, within no
more than four hours of same, remove and place indoors all tables, chairs
and any other outdoor furniture located on the Concession Area. The
notification by the City Manager of a hurricane or other major weather event,
or the issuance of a hurricane warning, shall constitute a public emergency
situation as referenced in this division. The City Manager may remove,
relocate, and/or store any outdoor furniture found on the Concession Area
that has otherwise not been removed by the Concessionaire pursuant to this
subsection. Any and all costs incurred by the City for removal, relocation
and/or storage of Concessionaire's furniture shall be the responsibility of the
Concessionaire.
27