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Resolution 76-15041 RESOLUTION NO. 76-15041 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH AHERN OF FLORIDA, INC. , FOR THE OPERATION OF THE CONCESSION AT THE NORMANDY SHORES GOLF COURSE FROM JULY 1, 1976 TO SEPTEMBER 4, 1978 . WHEREAS, on May 3, 1976 , after due notice, bids were opened for the exclusive right to operate the concession at the Normandy Shores Golf Course in the City of Miami Beach, from July 1, 1976 to September 4 , 1978; and WHEREAS, on May 19, 1976 , the City Council of the City of Miami Beach determined that AHERN OF FLORIDA, INC. , was the successful bidder for those certain rights and privileges, refer- red to as "The Exclusive Operation of the Food, Beverage, Pro Shop, Golf Club Storage, Vending Machines, Electric Golf Cars and Hand Carts, Practice Driving Range and Golf Ball Recovery from Water Hazards Concession at the City of Miami Beach Normandy Shores Golf Course for Approximately Two Years Expiring September 4 , ' 1978" , the same being Bid No. 61-76 ; and . . WHEREAS, an appropriate agreement has been prepared and approved as to form by the City Attorney, to be entered into by and between the CITY OF MIAMI BEACH and AHERN OF FLORIDA, INC. , covering the said concession at the Normandy Shores Golf Course, from July 1, 1976 to September 4 , 1978 , at a bid of One Hundred One Thousand One Hundred Dollars ($101, 100. 00) , to be paid to the City of Miami Beach; and WHEREAS, the City Council, being familiar with the terms of said agreement, deems it to be in the best interests of the City and its citizens and residents to accept said bid and to. enter into said agreement embodying the terms thereof, a copy of said agreement being attached hereto and made a part hereof; NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk be and they are hereby authorized and directed to execute said agreement in the name of and on behalf of the City of Miami Beach. • PASSED and ADOPTED this 19th day of,-Ma , 1976 . /7/./ Mayor Attest: --702- )23 (4.1../../T. _ City Clerk OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139 AGREEMENT THIS AGREEMENT, made and entered into this 19th day of May , 1976 , by and between the CITY OF MIAMI BEACH, a Florida municipal corporation, hereinafter referred to as the "CITY" , which term includes its successors and assigns, and AHERN OF FLORIDA, INC. , a Florida corporation, of Miami Shores, Florida; hereinafter referred to as the "CONCESSIONAIRE" , which term includes its successors, representatives and assigns; WITNESSET H: 1. ' That the CITY, as owner of those certain properties and facilities more particularly described in the Specifications, as amended, attached hereto and made a part hereof, for and in consideration of the compensation herein agreed to be paid by the CONCESSIONAIRE to the CITY, and for and in consideration of the satisfactory performance of the mutual covenants and representa- tions herein, each to the other made, does hereby grant and convey to the said CONCESSIONAIRE for an approximate two year period beginning July 1, 1976 and ending on September 4 , 1978 , those certain rights and privileges herein referred to as "The Exclusive Operation of the Food, Beverage, Pro Shop, Golf Club Storage? Vending Machines, Electric Golf Cars and Hand Carts, Practice Driving Range and Golf Ball Recovery from Water Hazards Concession at ,the City of Miami Beach Normandy Shores Golf Course" . Said rights and privileges so granted shall be limited by and exercised only in accordance with the terms of those certain specifications, as amended, contained in the Invitation to Bid No. 61-76 , copies of which are attached hereto and made a part hereof as though set forth in haec verba. Copy of the Proposal submitted by the CON- CESSIONAIRE is also attached hereto and by reference made a part hereof. 2 . The CONCESSIONAIRE agrees to pay to the CITY in OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139 consideration of the above, described grant of rights and privi- leges the sum of One Hundred One Thousand One Hundred Dollars ($101,100. 00) , said payment to be made in accordance with the Specifications, as amended, of Invitation to Bid No. 61-76 . 3. It is agreed between the parties hereto that this contract may be assigned only upon approval of the City Council of the City of Miami Beach, Florida. 4 . The CONCESSIONAIRE agrees to abide by the terms of this Agreement and the terms of the Proposal and Specifications, as amended, herein referred to. IN WITNESS WHEREOF, the said CITY has caused this Agree- Ment to be signed by its Mayor and its corporate seal to be affixed, attested by its City Clerk; and the said CONCESSIONAIRE has caused, this Agreement to be executed in its name, by its duly authorized officers, the day and year first above written. CITY OF MIAMI TEACH, a Florida municipal e porati91, / Vii% 7Z„,:%;"5,/".„, , 4 aVor. %;"5 / r Attest: ,h/1 tr1772/4,—, City Clerk AHERN OF FLORIDA, INC. , a Florida corporation, BY .WrILdi � President In the Presence of: RANNk..01 C:14)144r211211414--A- -2- OFFICE OF THE CITY ATTORNEY — 1130 WASHINGTON AVENUE — MIAMI BEACH, FLORIDA 33139 UKIUINAL RESOLUTION NO. 76-15041 (Authorizing agreement with Ahern of Florida, Inc. for operation of concession at Normandy Shores Golf Course from July 1 , 1976 to September 4, 1978)