2008-26788 ResoRESOLUTION NO. 2008-26788
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH APPROVING AND AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE A SECOND AMENDMENT TO THE AMENDED
AND RESTATED BEACHFRONT CONCESSION AGREEMENT BETWEEN
THE CITY AND BOUCHER BROTHERS MIAMI BEACH, LLC, DATED MAY
18, 2005, FOR THE OPERATION AND MANAGEMENT OF BEACHFRONT
CONCESSIONS ON THE BEACHES SEAWARD OF LUMMUS PARK,
OCEAN TERRACE, AND NORTH SHORE OPEN SPACE PARK; SAID
AMENDMENT PROVIDING FOR THE ADDITION OF A CONCESSION
AREA ADJACENT TO BANDSHELL PARK, LOCATED ON COLLINS
AVENUE BETWEEN 72ND AND 73RD STREETS
WHEREAS, the City and Boucher Brothers Miami Beach, LLC are parties to an
Amended and Restated Beachfront Concession Agreement, dated May 18, 2005, for the
operation and management of beachfront concessions on the beaches seaward of
Lummus Park, Ocean Terrace, and North Shore Open Space Park (the "Concession
Agreement" or the "Agreement"); and
WHEREAS, on January 11, 2006, the Mayor and City Commission adopted
Resolution No. 2006-26102, approving an amendment to the Concession Agreement,
authorizing a five (5) year renewal term (as provided therein) for in the Beachfront
Concession Agreement; said renewal term commenced on November 5, 2006, and is set
to expire November 4, 2011; and
WHEREAS, the City and Concessionaire have agreed to a Second Amendment to
the Concession Agreement, providing for the City-requested inclusion of an additional
concession area adjacent to Bandshell Park (the beachfront area adjacent to Collins
Avenue, between 72nd and 73rd Streets).
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk
are hereby authorized to execute a Second Amendment to the Amended and Restated
Beachfront Concession Agreement between the City and Boucher Brothers Miami Beach,
LLC, dated May 18, 2005, for the operation and management of beachfront concessions
on the beaches seaward of Lummus Park, Ocean Terrace, and North Shore Open Space
Park; said Amendment providing for the inclusion of a concession area adjacent to
Bandshell Park, located at Collins Avenue between 72"d and 73~d Streets.
PASSED AND ADOPTED THIS 16t" day of April , 2008.
Attest:
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Robert Parcher, CITY CLERK
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APPROVED AS TO
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COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution approving and authorizing a second amendment to the amended and restated Beachfront
Concession agreement dated May 18, 2005 providing for the addition of a concession area adjacent to
Bandshell Park, located at Collins Avenue between 72"d and 73`d streets.
Intended Outcome Supported:
Preserve our beaches.
Supporting Data (Surveys, Environmental Scan, etc.): The preservation of the beach appears as
a significant area affecting quality of life; 63 % of residents indicated that theyfrequent the beach from
once a month to as often as several times a week.
Issue:
Shall the City Commission authorize a second amendment to the amended and restated beachfront
concession agreement?
Adviso Board Recommendation:
Land Use and Development Committee recommended approval of a second amendment to the
Amended and Restated Beachfront Concession Agreement .
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Source of a~wn.
Amount
Account
Funds: 1 N/A
2
3
OBPI Total
Financial Impact Summary:
Clerk's Office Legislative Tracking:
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City of Miami Beath, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
To: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
SATE: April 16, 2008
sua~ECr: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH APPROVING AND AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE A SECOND AMENDMENT TO THE AMENDED AND
RESTATED BEACHFRONT CONCESSION AGREEMENT BETWEEN THE CITY
AND BOUCHER BROTHERS MIAMI BEACH, LLC, DATED MAY 18, 2005, FOR
THE OPERATION AND MANAGEMENT OF BEACHFRONT CONCESSIONS ON
THE BEACHES SEAWARD OF LUMMUS PARK, OCEAN TERRACE, AND
NORTH SHORE OPEN SPACE PARK; SAID AMENDMENT PROVIDING FOR
THE ADDITION OF A CONCESSION AREA ADJACENT TO BANDSHELL
PARK, LOCATED ON COLLINS AVENUE BETWEEN 72ND AND 73RD STREETS
ADMINISTRATION RECOMMENDATION
Staff recommends that the City approve the amendment to the Amended and Restated
Beachfront Concession Agreement.
KEY INTENDED OUTCOME SUPPORTED
Preserve our beaches.
ANALYSIS
The Department of Planning has prepared a draft report entitled Revitalizing North Beach
Oceanfront Parks Through Placemaking. As part of the research for this report, they
conducted several community meetings.
The items for improvement that resulted from community meetings and planning research
were brought before the February 11, 2008 meeting of the Land Use and Development
Committee. On April 8, 2008 both, the Beach Preservation Committee and Marine Authority
passed a resolution to recommend approval to the City Commission of the amendment to
the Amended and Restated Boucher Brothers Miami Beach, LLC Beachfront Concession
Agreement extending the Ocean Terrace concession area one block south to include 72nd to
73rd Street beach, more commonly known as Bandshell Park. Currently, the Ocean Terrace
concession area begins at 73rd Street and continues north to 75th Street along Ocean
Terrace and, allows the Concessionaire to provide Food &Non-alcoholic Beverages
(cooking/heating prohibited) and Beach Equipment Rentals. Additionally, Asset
Management has met with the relevant departments including Ocean Rescue and Police, as
well as community members, resulting in support of the expansion.
Although, during the community meetings it was suggested to include non-motorized
watercraft in this area, City Code Section 82-467 identifies this area as Restricted Swim
Area #11 and specifically precludes the use of watercraft in this area.
Commission Memorandum
Bandshell Park Beach Concession
April 16, 2008
Page 2 of 2
Based on the experience of Boucher Brothers, the beachfront in the North Beach area is
significantly narrower than that of Lummus Park and has not seen levels of usage and
demand which would call for a daily schedule. The beachfront concessionaire proposes to
provide services four (4) days during the week, from Thursday through Sunday.
The concession areas currently delineated in the Amended and Restated Boucher Brothers
Miami Beach, LLC Beachfront Concession Agreement includes Lummus Park, Ocean
Terrace, and North Shore Open Space Park that include Buffer Zone restrictions, which are
identified to facilitate public access to the Ocean and shoreline and restrict and limit use to
accommodate the Lifeguard Facility Zones. These buffer zones will also be applied to the
proposed expansion of Bandshell Park.
The Beach Preservation Committee raised the issue of storage needs and access onto the
beach by the concessionaire. Currently, there are limited access points in the North Beach
area due to the private construction projects and construction staging in that area. The
Boucher Brothers have indicated that the equipment will be minimal due to the limited width
of the beach and will remain on the beach in a storage unit or but which is an approved
component of the concession. No trailers are intended to be used for this expansion.
CONCLUSION
The Administration recommends that the City approve the amendment to the Amended and
Restated Beachfront Concession Agreement as a means to bring activity to the area
resulting from community concerns for revitalization.
JMG/TH/acv
T.~IAGENDA120081Apri1181Consentl88M8LLC 2ndAmendmentTOAmendedRestated.MEM.doc