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Home My WebLink AboutR-00-0131J-00-87 2/1/00 RESOLUTION NO. 00— 131 A RESOLUTION' OF THE MIAMI CITY COMMISSION AUTHORIZING THE BAYFRONT PARK MANAGEMENT TRUST (THE "TRUST") TO AMEND AN EXISTING AGREEMENT BETWEEN THE CITY OF MIAMI (THE "CITY"), THE TRUST, AND BAYFRONT VALET L.C., A FLORIDA LIMITED LIABILITY COMPANY COMPRISED OF BAYFRONT VENTURES, A FLORIDA JOINT VENTURE WITH SPECIAL -COR COMPANY, A FLORIDA CORPORATION (OPERATOR), RESTRUCTURING THE ANNUAL LUMP SUM PAYMENT OF $50,000, AND DIVIDING THE AMOUNT OVER 12 MONTHLY PAYMENTS AND CORRECTING THE REFERENCE IN THE AGREEMENT THAT THE ANNUAL LICENSE FEE IS TO BE PAID TO THE CITY IS AN ERROR; IT BEING THE INTENT OF ALL PARTIES TO THE AGREEMENT THAT THE ANNUAL LICENSE FEE IS TO BE PAID TO THE TRUST. WHEREAS, the Bayfront Park Management Trust ("Trust") has managed Bayfront Park with the goal of insuring maximum community involvement; and WHEREAS, the City of Miami (the "City"), the Trust and the and Bayfront Valet L.C., a Florida Limited Liability Company comprised of Bayfront Ventures, a Florida Joint Venture with Special -Cor Company, a Florida Corporation ("Operator"), have heretofore executed a Valet Parking Concession Agreement dated December 8, 1998, for the operation of valet parking services on a portion of Bayfront Park (the "Agreement"); and WHEREAS, the Agreement requires the Operator to pay to the City, the Annual License- Fee of $180,000 in (i) a lump sum CITY COMUSSION NiEETINC OF FEB 1 1 2000 Resolution No. 0-�l • payment of $50,000, and (ii) 12 monthly payments of $10,833, subject to annual Capital Improvement Increases, as more specifically described in the Agreement; and WHEREAS, Operator has requested that payment of the Annual License Fee be restructured to eliminate the lump sum payment and divide the amount thereof over the twelve monthly payments; and WHEREAS, the reference in the Agreement that the Annual License Fee is to be paid to the City is an error; it being the intent of all parties to the Agreement that the Annual license Fee is to be paid to the Trust; and WHEREAS, the Trust and the City have agreed to make the necessary changes and restructure the method of payment as herein described. NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The Bayfront Park Management Trust (the "Trust") is hereby authorized'/ to execute an agreement, in substantially the attached form, to amend an existing agreement between the City of Miami, the Trust and Bayfront Valet L.C., a Florida Limited Liability.Company Comprised Of Bayfront Ventures, a Florida Joint Venture with Special -Cor Company, a Florida l� The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not Page 2 of 3 0 Corporation ("Operator"), restructuring the annual lump. sum payment of $50,000, and 12 monthly payments of $10;833, subject to annual Capital Improvement increases, and correcting the reference in the Agreement that the Annual License Fee be paid to the City; it being the intent of all parties to the Agreement that the Annual license Fee is to be paid to the Trust. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor./ PASSED AND ADOPTED this 10th day of February , 2000. JOE CAROLLO, MAYOR In accordance with Miami Code Sec. 2-36, since the Mayor did not Indlcate apprelval 6f this legislation by signing it in the designated place provldad, Bald loglal tlo:i 5 m becomes effective with the elapse of ten (10) days f I +the of 0-0mr deli: Pon regarding same, without the Mayoicerci v f J ATTEST: WALTER J. FOEMAN CITY CLERK CORRECTNESS VILARELLO J. F )n, City Clerk limited to those prescribed by applicable City Charter and Code provisions. If the Mayor does not sign this Resolution, it shall become effective at, the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Page 3 of 3 AMENDMENT TO VALET PARKING CONCESSION AGREEMENT This Agreement is entered into this day of , 2000, by and between the City of Miami, Florida, a municipal corporation of the State of Florida, having an office at 444 S.W. 2nd Avenue, 10th Floor, Miami, Florida 33130 (the "City"), Bayfront Park Management Trust, an agency and instrumentality of the City having an office at 301 N. Biscayne Boulevard, Miami, Florida 33132, (the "Trust") and Bayfront Valet L.C. a Florida limited liability company comprised of Bayfront Ventures, a Florida joint venture and Special -Cor Company, a Florida corporation ("Operator"). OWN F.1 &I Whereas, the City, the Trust and the Operator have heretofore executed a Valet Parking Concession Agreement, dated December 8, 1998, for the operation of valet parking services on a portion of Bayfront Park (the "Agreement"); and Whereas, the Agreement requires the Operator to pay to the City an Annual License Fee of $180,000 in (i) a lump sum payment of $50,000, and (ii) 12 monthly payment of $10,833, subject to annual CPI increases, as more specifically described in the Agreement; and Whereas, Operator has requested that payment of the Annual License Fee be restructured in order to. eliminate the lump sum payment and spread the amount thereof over the twelve monthly payments; and Whereas, the reference in the Agreement that the Annual License Fee is to be paid to the City is an error; it being the intent of all parties to the Agreement that the Annual License Fee is to be paid to the Trust; and Whereas, the Trust and the City have agreed to make the necessary changes to, and to restructure the method of payment as herein provided. NOW, THEREFORE, in consideration of the foregoing and of the mutual agreements and covenants of the parties as set forth in the Agreement, the City, the Trust and the Operator agree as follows: 1. Consideration: Article IV of the Agreement is hereby amended as follows: a. The first paragraph of Article IV is hereby amended in its entirety to read as follows: "The Operator shall pay to the Trust, in consideration for the concessions privileges herein granted, an Annual License Fee of $180,000, which shall be subject to annual increases as set forth hereunder. The Annual License Fee, together with sales tax, shall be payable in twelve (12) equal monthly installments payable in advance, commencing on the Commencement Date and continuing on the same day of each month thereafter during each year of the Term. The amount of monthly payments shall be adjusted on each anniversary of the Commencement Date to reflect the increases in the Consumer Price Index, as described below." b. Subsections A. and B. of Article IV, entitled "Lump Sum Payment" and "Monthly Payments," respectively, are hereby deleted in their entirety. 00- 131 Except as specifically provided herein, all of the terms and provisions of the Agreement shall remain in effect. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized, this the day and year above .written. By: Commissioner Joe Sanchez, Chairperson ATTEST: Walter Foeman, City Clerk Attest: By: Secretary APPROVED AS TO INSURANCE REQUIREMENTS: By: Mario Soldevilla, Administrator Risk Management BAYFRONT PARK MANAGEMENT TRUST By: Ira Marc Katz Executive Director & General Manager THE CITY OF MIAMI, a municipal corporation of the State of Florida By: Donald H. Warshaw, City Manager BAYFRONT VALET, L.C., a Florida limited liability company President APPROVED AS TO FORM AND CORRECTNESS: By: Alejandro Vilarello, City Attorney 00- ORS/V aletpkgConcAmendt 1 JAN.-05'00(WED) 13:41 BAYFRONT PARK MGNT 0* 13 To: Ho7en ble yor and Members of' Commission From: d H. Warshaw City Manager RECOMMENDATION: TEL:305-1-;R-1111 Subject: Valet Parking Concession For City Commission Meeting of It is respectfully recommended that the City Commission authorize the Bayfront Park Management Trust to amend an existing agreement between the City ofMiami, the Trust and Bayfront Valet, L.C., restructuring the annual lump sum payment of $50,000 and spreading the amount over 12 monthly payments. BACKGROUND: The Bayfront Park Management Trust has successfully managed Bayfront Park with the goal of ensuring maximum community involvement. On December 8, 1998, the Trust entered into a long term use agreement with Bayfront Ventures for the operation of a gaming vessel from the Bayfront Park docks. After a duly advertised request for proposal, Bayfront Ventures was designated by the Trust as the most responsive proposer. Bayfront Ventures has agreed to pay $180,000 per year for the right to operate this concession. The original agreement requires a lump sum payment of $50,000. The trust voted at its December 28, 1999, meeting to restructure the agreement in order to eliminate the lump sum payment and spread the amount over 12 monthly payments. DHW/unk Attachments: resolution OU` P nn1