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SECOND AMENDMENT TO
AMENDED AND RESTATED
BEACHFRONT CONCESSION AGREEMENT BETWEEN
CITY OF MIAMI BEACH, FLORIDA AND
BOUCHER BROTHERS MIAMI BEACH LLC
FOR MANAGEMENT AND OPERATION OF BEACHFRONT CONCESSIONS
THIS SECOND AMENDMENT TO THE AMENDED AND RESTATED
BEACHFRONT CONCESSION AGREEMENT made this 16th day of April , 2008,
between the CITY OF MIAMI BEACH, a municipal corporation of the State of Florida
(hereinafter called "City"), having its principal address at 1700 Convention Center Drive,
Miami Beach, Florida, 33139, and BOUCHER BROTHERS -MIAMI BEACH LLC, a
limited liability company of the State of Florida, with offices at 420 Lincoln Road, Suite
265, Miami Beach, Florida, 33139 (hereinafter called "Concessionaire").
WITNESSETH
WHEREAS, the City and Concessionaire 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 for therein); 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, in consideration of the premises and the mutual covenants
and conditions herein contained and other good and valuable consideration, the receipt
and adequacy of which are hereby conclusively acknowledged, it is agreed by the
parties hereto to amend the Amended and Restated Agreement as follows:
1) Section 2.2 is amended to add a new Section 2.2.1 and 2.2.2 as follows:
2.2 Ocean Terrace.
This Concession Area is limited to the beach area bounded on the south
by the northernmost line of the 73rd Street right-of-way; bounded on the
north, by the `southernmost line of the 75th_ Street right -of -way; bounded on
the .west by a ,line 50 feet east from ',the easternmost edge. of the Dune;
and bounded on' the east either by ' a line 60 feet west of the 'Mean High
Water Line (MHWL) . or by a. line 5`feet west of the westernmost lifeguard
stand in this Concession Area' is further east.
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Bandshell Park.
This Concession Area is limited to the beach area bounded on the
south by the northernmost line of the 72nd Street right -of- way;
bounded on the north `by the southernmost Tine of the 73rd Street
riqht -of -way; bounded on the west by a line 50 feet east from the
easternmost edge of the Dune; and- bounded on the east either by
a line 60 feet.west of the Mean High'Water Line (MHWL) or by a
line 5 feet . west of the westernmost lifeguard stand" �in this
Concession Area, whichever is `further east.
2.2.2 Lifeguard Facility Zone:
Concessionaire shale not use or deploy any equipment . and /or
facilities on or within those portions of the beach where lifeguard
facilities /stands are currently located le.q. between 72nd and 73rd
Streets),. or may . be Located in the - future, including the area
- extending. from the eastern most• foot of the dune to the shoreline
and bounded by aline one hundred (100) feet north of the lifeguard
and
stand and bounded. by a line one hundred (100) -feet to the south of
such stand.
2. Except as amended hereby, the. Amended and Restated Agreement (as
previously amended on January 11; 2006) remains.in full force and.effect and is
reconfirmed for all purposes.
3. This Agreement may be executed'in' counterparts and facsimile Sig natures.. are as
effective as-an original signature and constitute valid delivery thereof..
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.theiragreemeet:.
Attest: CITY OF °MIAMI BEACH, FLORIDA
.:Robert Parcher, City Clerk Matti Herrera Bower, °Mayor
Attest: BOUCHER BROTHER MIAMI "B ACH LLC
Secretary ; !gnature ,
w .: CEO
t3 ova - 0�. S
(Print Name and Title of Signatory) (Print Name and.Title of Signatory)
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APPROVED AS T4
FORM & LANGUAGE
& FO CUTION..,
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