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Resolution 78-15704 • RESOLUTION NO. 78-15704 A RESOLUTION AUTHORIZING EXTENSION OF THE SIGHTSEEING FRANCHISE AGREEMENT OF MALL TRANSPORT, INC. , UNTIL 4/15/79 ; REQUIRING MALL TRANSPORT, INC. , TO BE CURRENT IN ALL THEIR OUTSTANDING PAYMENTS TO THE CITY OF MIAMI BEACH BY 4/15/79; AND PROVIDING SHOULD MALL TRANSPORT, INC. , NOT BE CURRENT ON 4/15/79 IN ALL PAYMENTS DUE FROM BOTH THE SIGHTSEEING CONTRACT AND THE MALL TRAM FRANCHISE, THE FRANCHISE AGREEMENT BETWEEN MALL TRANSPORT, INC. , AND THE CITY WILL BE AUTOMATICALLY CONSIDERED TER- MINATED AS OF 9/16/79 AND BOTH FRANCHISES COMBINED AND RE-BID IN MAY, 1979 , FOR 9/17/79 OPERATION UNDER A NEW FRANCHISEE. WHEREAS, the City Commission of the City of Miami Beach, by its Resolution No. 76-15122 , did authorize the execution of an Agreement with Mall Transport, Inc. , to operate a franchise for the Sightseeing Tram Service within the City of Miami Beach, as speci- fied in the City' s Invitation to Bid No. 101-76 , for a period ex- tending through September 16 , 1977; and WHEREAS, Mall Transport, Inc. , also provides the service for transporting passengers along the Lincoln Road Mall pursuant to its Franchise Agreement with the City encompassed within Resolution No. 73-14128 which expires September 18, 1981; and WHEREAS, Mall Transport, Inc. , requests an extension of their sightseeing contract with the City for an additional year pursuant to the provision of Bid No. 101-76 , entitled "Term of Franchise" which allows four one-year renewal options; and WHEREAS, during the period said sightseeing agreement was in effect, Mall Transport, Inc. , was awarded an extension of Contract providing their delinquency in payments on the Mall .'Tram Franchise serving Lincoln Road Mall was reduced in accordance with a formula presented by Mall Transport, Inc. , and approved by the City; Commission whereas the- terms would have reduced Mall Transport, Ihc. 's outstanding balance from $18, 842 as of September 1977 to $9 ,250 by September 1978; and WHEREAS, the terms of the above Agreement were not met and an outstanding balance for Mall Transport, Inc. , as of August 24, 1978, was in the amount of $14 ,270 for the Mall Tram Franchise and an out- standing,balance in the amount of $1, 152 for the Sightseeing Contract; and WHEREAS, cancellation of the services provided under both Contracts may create hardships to Mall merchants, customers, and businesses; and WHEREAS, the City Manager has recommended to the City • Commission that the Administration cannot accept the continued abdication of responsibility of Mall Transport, Inc. , toadhere to their Contracts with the City; NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1: That the Sightseeing Service Contract of Mall Transport, Inc. , providing for the operation of a Sightseeing Franchise for the City of Miami Beach be extended through the tourist season until 4/15/79. OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139 SECTION 2: That Mall Transport, Inc. , be current in all their outstanding payments to the City of Miami Beach by 4/15/79. SECTION 3: That should Mall Transport, Inc. , not be current on 4/15/79 on all payments due from, both the Sightseeing Contract and the Mall Tram Franchise, the Franchise Agreement will automatically be considered terminated as of 9/16/79 , and both franchises combined and re-bid in May 1979 , for 9/17/79 operation under a new franchisee. PASSED and ADOPTED this 6th day of September 1978. /i4%1 /4/74414/14--- CityClerk AKM/rcp OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139 ORIGINAL RESOLUTION NO. 78-15704 (Authorizing extension of Mall Transport Inc. - Sightseeing Contract.) • '-�