HomeMy WebLinkAboutM-95-0457CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM 14__
TO : Cesar Odio 1 DATE : May 18, 1995 FILE
City Maygger
SUBJECT : Personal Appearance
FROM :
REFERENCES:
ENCLOSURES:
Mr. Lazaro Albo has contacted my office to request a personal appearance before the City
Commission. Mr. Albo would like to discuss the Latin American Gourmet Restaurant,
Inc., Management Agreement.
Please schedule this appearance for the June 8, 1995 Commission Meeting.
Thank you.
WG/bd
cc: Elvy Gallastegui, Agenda Office
:6
61 4
is
May 15, 1995
Caesar Odio
City Manager
3500 Pan American Drive
Miami, FL 33133
VIA FAX AND US MAIL
Re: Paul S. Walker Park
46 West Flagler Street
Dear Mr. Odio:
This correspondence is in reference to Paul S. Walker Park and the management agreement
currently in force regarding the food concession at the park between the City of Miami and Latin
American Gourmet Restaurant, Inc. I am hereby requesting to be put on the agenda for the
next City Commission meeting to speak in favor of the City revoking this management
agreement, and to allow me to present a proposal for operation of the concession.
a
Sincerely,
Christine Rupp
1315 Venetia Avenue
Coral Gables, FL 33134
(305)446-9547
cc: Agenda office
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.�l
AUAGEMENT AGRE. ME ENT
BETWEEN THE CITY OF MIAMI
AND
LATIN AMERICAN GOURMET RESTAURANT, INC.
FOR THE
MANAGEMENT, OPERATION AND MAINTENANCE
OF THE PARK CONCESSION AREA AT
PAUL WALKER PARK
LOCATED AT
46 WEST FLAGLER STREET
MIAMI, FLORIDA
Submitted into the public
record in connection with
item 15 on
City Cleric
95- A57
TABLE OF CONTENTS
1. DESCRIPTION OF THE PARK CONCESSION AREA
2. USE OF CONCESSION AREA
3. TERM OF MANAGEMENT AGREEMENT
4. MANAGEMENT FEE
5. HOURS OF OPERATION
6. STANDARD OF QUALITY - SUPPLIES AND SERVICE
7. MANAGEMENT
8. PERFORMANCE BOND
9. ASSIGNMENT OR TRANSFER
10. INTEREST CONFERRED BY MANAGEMENT AGREEMENT
v
11. TRANSFER OF OWNERSHIP
12. RELEASE OF CITY FROM LIABILITY
13. ANNUAL STATEMENTS
14. AUDITING OF ACCOUNTS
15. CITY'S RIGHT TO EXAMINE AREA
16. COMPLIANCE
17. PENALTY FOR VIOLATION OF RULES AND REGULATIONS
18. ADVERTISING MATTER
19. POSTING AND CONTROL OF PRICE SIGNS (FOOD AND BEVERAGE)
20. INSURANCE Submitted into the
public
21. LICENSES record in connection with
22. EQUIPMENT item % 5 _ on Lo / ! /'T S
Ci-ry Clad,,
95- A5'7
23.
MANAGEMENT, CUSTODIAL AND JANITORIAL
SERVICE
24.
ALCOHOLIC BEVERAGES
25.
EXTERMINATOR SERVICE
26.
NONDISCRIMINATION
27.
TRASH, RUBBISH, AND GARBAGE DISPOSAL
28.
SALES RESTRICTIONS
29.
IMPROVEMENTS
30.
UTILITIES
31.
RESPONSIBILITY FOR DAMAGE
32.
INDEMNIFICATION
33.
DAMAGE OR LOSS
34.
DEFAULT
35.
ATTORNEY'S FEES
36.
SURRENDER OF AREA
37.
WRITTEN NOTICES
38.
CAPTIONS
39.
BINDING ON SUCCESSORS
40.
AMENDMENTS AND MODIFICATIONS
Subrnitted.into the public
EXHIBIT A - Affidavit of Ownership
record in connection with
EXHIBIT B - Improvements Sketch
item --- i S �on S
EXHIBIT C - Equipment Inventory
((/P� `
\.I`iSI.-Y Cleric
9 457
0
THIS MANAGEMENT AGREEMENT, made and entered into this
� 9 Al
day of , 1992, by and between the CITY OF MIAMI, a
municipal corporation of the State of Florida (hereinafter
referred to as "CITY") and LATIN AMERICAN GOURMET RESTAURANT,
INC. (hereinafter referred to as "MANAGEMENT").
WITNESSETH:
WHEREAS, pursuant to Resolution No. 91-736, passed and
adopted by the City Commission on October 3, 1991, the proposal
of LATIN AMERICAN GOURMET RESTAURANT, INC., for the management,
operation and maintenance of the park concession area at Paul
Walker Park located at 46 West Flagler Street, Miami, Florida,
was accepted; and
WHEREAS, in conjunction with the management, operation and
maintenance of the premises, the MANAGEMENT shall have the
exclusive right to offer for sale and sell food, beverages and
other related ancillary products.
NOW, THEREFORE, in consideration of the premises and mutual
covenants hereinafter contained to be observed and performed, the
parties hereto do hereby covenant and agree as follows:
1. DESCRIPTION OF THE PARK CONCESSION AREA:
For and in consideration of the mutual promises herein
contained, the MANAGEMENT agrees to assume full management,
operation and maintenance of the park concession area in Paul
Walker Park, located at 46 West Flagler Street, Miami, Florida,
Submitted into the public
which is owned by the CITY (hereinafter referred to as the
record in connection with
item l S� on A
95- 4-57
l_
"AREA"). Said AREA includes the recreational seating area, the
food service building, the green areas (which consist of existing
trees and shrubbery contained in concrete planters as well as the
seating areas necessary for the concession operation) and the
fountain. MANAGEMENT accepts the AREA and all fixtures,
improvements and equipment as is at the time of the execution of
this Management Agreement.
2. USE OF CONCESSION AREA
(a) MANAGEMENT shall have the exclusive right to offer
for sale, sell, or otherwise dispose of food, beverages, other
related and ancillary products, and any other products or
services as may be approved by the City Manager in writing.
MANAGEMENT shall use the AREA for the primary purpose of
operating a food and beverage concession.
(b) MANAGEMENT shall make no unlawful, improper or
offensive use of the AREA.
(c) This Management Agreement and all rights of the
MANAGEMENT hereunder shall, at the option of the CITY, cease and
terminate upon discontinuance of the stated use and operation -of
the AREA by the MANAGEMENT.
3. TERM OF MANAGEMENT AGREEMENT
The term of this Management Agreement shall be for a
period of five (5) years beginning on the date of its execution. 512q'/,7,;2
The CITY shall have the option to renew this Management Agreement
for one additional five (5) year period if, in the sole
discretio Suc%2dC'�liCthe operations of the MANAGEMENT
record in connection yvith
item I 5__= ___-- on 9 5- 457
"AREA"). Said AREA includes the recreational seating area, the
food service building, the green areas (which consist of existing
trees and shrubbery contained in concrete planters as well as the
seating areas necessary for the concession operation) and the
fountain. MANAGEMENT accepts the AREA and all fixtures,
improvements and equipment as is at the time of the execution of
this Management Agreement.
2. USE OF CONCESSION AREA
(a) MANAGEMENT shall have the exclusive right to offer
for sale, sell, or otherwise dispose of food, beverages, other
related and ancillary products, and any other products or
services as may be approved by the City Manager in writing.
MANAGEMENT shall use the AREA for the primary purpose of
operating a food and beverage concession.
(b) MANAGEMENT shall make no unlawful, improper or
offensive use of the AREA.
(c) This Management Agreement and all rights of the
MANAGEMENT hereunder shall, at the option of the CITY, cease and
terminate upon discontinuance of the stated use and operation -of
the AREA by the MANAGEMENT.
3. TERM OF MANAGEMENT AGREEMENT
The term of this Management Agreement shall be for a
period of five (5) years beginning on the date of its execution. 512q'/,7,;2
The CITY shall have the option to renew this Management Agreement
for one additional five (5) year period if, in the sole
discretio Suc%2dC'�liCthe operations of the MANAGEMENT
record in connection yvith
item I 5__= ___-- on 9 5- 457
during the initial term have been satisfactory as regards
quality, service, prices, cleanliness and other considerations.
4. MANAGEMENT FEE
For the right to manage the concession area, the MANAGEMENT
will pay to the CITY a guaranteed minimum monthly payment of
Seven Hundred Fifty ($750.00) dollars OR fifteen (15%) percent of
the monthly gross receipts, whichever is greater. This
management fee will be submitted with a monthly report of such
gross receipts
The term "gross receipts" as used herein shall mean all
monies paid or payable to the MANAGEMENT by any person, client,
patron or entity for any and all goods or services provided by
the MANAGEMENT in the AREA, whether collected or uncollected,
whether for cash or credit, provided however that any sales taxes
imposed by local, county, state or federal law and paid by
purchaser for goods or services of MANAGEMENT directly payable to
a taxing authority shall be excluded from the computation of
gross receipts.
5. HOURS OF OPERATION;
Hours of operation of the park concession area shall be such
as to provide the maximum convenience to those served and shall
be as determined by the City Manager. Minimum hours of operation
shall initially be from 7:00 a.m. to 6:00 p.m. Monday through
Friday, and 9:00 a.m. to 3:00 p.m. on Saturday. The park
concession area would be closed on Sunday. Submitted into the public
record in connection with
item / S
---� can
— 4 5 7 C.fy Clerk
6
J
6. STANDARD OF QUALITY - SUPPLIES AND SERVICE'
MANAGEMENT shall at all times keep the AREA adequately
stocked with commodities, food and beverages, and adequately
staffed to serve the patrons thereof and will provide maximum
service during peak hours of operation. MANAGEMENT shall be
required to maintain such service and other requirements as are
necessary to entitle it to the license for the operation of the
facilities outlined herein. ?K MANAGEMENT agrees that it will
manage, operate and maintain the facilities authorized herein in
such a manner as to provide quality of service, food prices, food
and beverages management, and the operation shall be of such
quality as to compete favorably with similar operations.
7. MANAGEMENT
• The MANAGEMENT shall provide this park concession area with
personalized attention as regards its management, operation and
maintenance. Absentee management wherein the MANAGEMENT has
little or no contact with the concession employees and does not
personally visit the concession area regularly, will be
unacceptable to the CITY and will be grounds for cancellation of
the Management Agreement.
8. PERFORMANCE BOND
The MANAGEMENT shall furnish to the CITY, within five (5)
consecutive calendar days after written notice is given by the
CITY of the award of the privilege to enter into a Management
Agreement, a Surety Bond or in the alternative a cashiers check
in the amount of S(yqWUif' djat d tH&1,,gBTitp0) Dollars, and shall
record in conliec ,,ion v,, i th
item-- cn (���s . 9 5 - 457
7 _
J. r Clerk
abide by all rules, regulations and laws of the City of Miami.
At the conclusion of the first year of the Management Agreement,
the City will return to the Management said one thousand
($1,000.00) dollars, together with interest if the Management is
not in default on any of the terms and conditions of the
Management Agreement.
9. ASSIGNMENT OR TRANSFER
The MANAGEMENT shall not assign or transfer its privilege of
entry and use granted unto it by this Management Agreement.
10. INTEREST CONFERRED BY MANAGEMENT AGREEMENT
The provisions of this Management Agreement do not
constitute a lease and the rights of the MANAGEMENT hereunder are
not those of a tenant. No leasehold interest in the AREA is
conferred upon the MANAGEMENT under the provisions hereof.
11. TRANSFER OF OWNERSHIP
The Management is constituted by the ownership interest
reflected in the Affidavit of Ownership attached hereto as
Exhibit A and incorporated and made a part of this Management
Agreement.
MANAGEMENT cannot modify or amend the ownership interest as
reflected in the Affidavit of Ownership.
12. RELEASE OF CITY FROM LIABILITY
The MANAGEMENT shall release and discharge the CITY from any
and all liability for the loss of his merchandise, goods,
equipment or other property,, ottttf the AREA if lost, damaged,
destroyed by fire, theft, Sal" ",�''�9dg#e�++tTY,,,, ttfChRiu�kses.
record in connecii ox.1 with
item 5 On (o �S . 9 5 — 457
8 City Clerk
4
13. ANNUAL STATEMENTS
An annual certified statement of operations shall be
submitted within sixty (60) days of the end of each twelve-month
period. Any adjustments due CITY shall be payable at that time.
It is the intent of CITY that it shall receive all amounts as
net, free and clear of all costs and charges arising from or
relating to said management operation and maintenance.
14. AUDITING OF ACCOUNTS
CITY reserves the right to audit the records of MANAGEMENT
at any time during the performance of the Management Agreement
and for the period of up to three (3) years after final payment
is made under this Management Agreement.
15. CITY'S RIGHT TO EXAMINE AREA
• The MANAGEMENT shall make available the AREA under its
control for examination, at any reasonable time, by the City
Manager and/or his duly authorized representative.
16. COMPLIANCE
The MANAGEMENT shall abide by all rules, regulations, and
laws of the City of Miami, County of Dade, and the State of
Florida, now in force or hereafter adopted, and the written rules
and regulations established by the City Manager or his duly
authorized representative.
17. PENALTY FOR VIOLATION OF RULES AND REGULATIONS
The CITY, through its proper officials, reserves the right
and authority to prescribe any additional rules and regulations
at the AREA and the MANAGE1§Wma r ep to abide by all the rules
I ed into the public
record in c�,nJzc;cfii'Vvith
9
C;itV C'}nrlr
J
and regulations. Violations of rules and regulations as
prescribed by the CITY through its proper officials will be
sufficient grounds to the MANAGEMENT to forfeit the whole or part
of the Performance Bond required in this Management Agreement.
The CITY reserves the right to cancel the Management Agreement
for violation of rules and regulations by the MANAGEMENT or its
employees, subject to the provisions of Section 34.
18. ADVERTISING MATTER
The CITY, through its proper officials, reserves the right
and authority to prescribe rules pertaining to regulation of
signs and/or advertising matter.
19. POSTING AND CONTROL OF PRICE SIGNS (FOOD AND BEVERAGE)
The MANAGEMENT shall provide and have posted in conspicuous
locations signs showing the prices of all edible commodities.
Size, location and content of said signs shall be subject to
approval of the City Manager and/or his duly authorized
representative.
20. INSURANCE
The MANAGEMENT shall maintain during the term of the
Management Agreement the following insurance:
(a) General Liability Insurance on a Comprehensive
General Liability form, or its equivalent with a combined single
limit of at least One Million ($1,000,000) Dollars for bodily
injury and property damage liability. Products and completed
operations coverage, personal injury, contractual liability, and
premises medical payment co'Ml.le into the pubficed.
shall be named an Additionalr j&�?ia ed-policy.� r
item Ors
10
City Clerk
The City
95- 45'7
(b) All Risk Property insurance coverage on
replacement cost basis for real and personal property located on
the premises managed, operated and/or maintained by the
Successful Proposer for the City. The City shall be named as an
Additional Insured on such policy.
(c) The policy or policies of insurance required shall
be written in a manner such that the policy or policies may not
be cancelled or materially changed without sixty (60) days
advance written notice to City. Written notice shall be sent to
the Insurance Coordinator, City of Miami Risk Management
Division, 174 East Flagler Street, Miami, Florida 33131.
Evidence of compliance with the insurance requirements shall
be filed with the Insurance Coordinator of the City of Miami
cgncurrent with the execution of the Management Agreement and
each renewal. Such insurance shall be subject to the approval of
the Insurance Coordinator. All insurance policies required must
be written by a company or companies rated at least "A" as to
management and Class "V" as to financial strength, in the latest
edition of the Best's Insurance Guide, published by Alfred M.
Best Company, Inc., Oldwick, New Jersey or acceptance of
insurance company which holds a valid Florida Certificate of
Authority issued by the State of Florida Department of Insurance,
and are members of the Florida Guarantee Fund. Compliance with
the foregoing requirements shall not relieve the Successful
Proposer of its liability and obligations under this section or
under any other portion of ths-ubax�cnll ecTento Agreement
pulahc
record in connection with
item �� on Lis 9 5- 457
11 - -- - -
City Clerk
Submitted into the public
record in connection -orith
21. LICENSES item i (;- on
The MANAGEMENT shall acquire 51y t%kkfor the necessary
licenses required for the operation of his business; and shall be
responsible for the payment of any and all taxes levied on him or
his operation, by whatever taxing entity.
22. EQUIPMENT
The MANAGEMENT shall be entitled to utilize any and all
existing City -owned equipment which is described on -the attached
inventory incorporated herein and made a part of this Management
Agreement as Exhibit C. If, upon examination MANAGEMENT finds
any of the said equipment to be obsolete or non-functional, then
after having given the CITY thirty (30) days written notice and
having received no response from the CITY, said obsolete or non-
functional equipment may be discarded by MANAGEMENT at its sole
expense. If any part of the AREA is in any way damaged by the
removal of such equipment, said damage shall be repaired by
MANAGEMENT at its sole cost and expense.
Should MANAGEMENT choose to repair non-functional equipment,
it shall do so at its sole expense. The CITY will not undertake
or be responsible for any repair or maintenance of any equipment
on the AREA. The MANAGEMENT shall maintain all equipment in a
clean and sanitary condition during the period of this Management
Agreement and any extensions hereof.
The MANAGEMENT shall be solely responsible for supplying and
maintaining all other equipment necessary for the concession
operation. Upon expiration of the Management Agreement, any
equipment which cannot be readily removed without injury to the
AREA shall remain and become the property of the CITY. 9 5 - 457
12
23. MAINTENANCE CUSTODIAL AND JANITORIAL SERVICE
The MANAGEMENT shall be responsible for all necessary
maintenance directly related to the concession and MANAGEMENT
shall furnish all custodial and janitorial service required to
maintain daily the concession area and the outlying area adjacent
to his operations in a clean, sanitary and functional
(landscaping, plumbing, electrical and structural) condition.
The MANAGEMENT also agrees that he will maintain the premises in
a manner consistent with, or demanded by, all Health Departments
and Pure Food Examiners, and also that the premises will at all
times be kept open for proper inspection by any other agency
having jurisdiction thereto.
24. ALCOHOLIC BEVERAGES
• Wines, beers, liquors, or alcoholic beverages of any kind or
nature may be sold on the AREA upon the approval of the City
Commission, and upon compliance with all applicable zoning,
State, Dade County and City of Miami laws, rules and regulations.
25. EXTERMINATOR SERVICE
The MANAGEMENT shall take the necessary measures to control
vermin and pests on a biweekly basis at his expense. This
service may be required once a week in order to properly control
vermin and pests, as directed by the City Manager and/or his duly
authorized representative.
The area to be serviced by the exterminator includes all
areas where food is dispensed, stored, and consumed.
Submitted into the public
record in conr,.ealion with
item
(amity Cleric
95- 457
26. NONDISCRIMINATION
The MANAGEMENT agrees that there will be no discrimination
against any person on account of race, color, sex, religious
creed, ancestry, national origin, mental or physical handicap in
the use of the AREA and the improvements thereon. It is
expressly understood that upon presentation of any evidence of
discrimination, the CITY shall have the right to terminate the
Management Agreement.
27. TRASH, RUBBISH, AND GARBAGE DISPOSAL
The MANAGEMENT shall provide, at his expense, all garbage,
trash, and rubbish receptacles within the confines of the AREA
and shall provide a sufficient number of these receptacles for
his own use and for the use of the public. MANAGEMENT shall not
allow garbage, trash and rubbish to accumulate and shall cause
removal of it to the pickup area designated by the City Manager
and/or his duly authorized representative.
28. SALES RESTRICTIONS
All sales shall be confined to the AREA designated and
defined in this Management Agreement. MANAGEMENT will not be
permitted to do any selling or vending outside of the designated
and defined AREA of this Management Agreement, except by written
authority from the City Manager or his duly authorized
representative.
29. IMPROVEMENTS
The existing improvements in the AREA are generally those
shown on the attached S�B�S.te�hEib ffe yu'%jr8orated herein and
record in connection vihh
item 15 on - 457
14
City Clerk
made a part of this Management Agreement as Exhibit B.
The CITY will not undertake or be responsible for any
construction, repair, alteration, improvement or maintenance to
the improvements as shown in Exhibit B. The MANAGEMENT shall
accept the improvements "as is."
The MANAGEMENT agrees that no major, substantial or
significant construction, repair, alteration or improvements may
be undertaken to the improvements as shown on Exhibit B. The
Management agrees that other construction, repairs, alterations
or improvements may be undertaken upon the AREA after the plans:
(a) Are first submitted to the Property and Lease
Manager for presentation and review by all departments and
offices of the CITY with jurisdiction, and
(b) Are approved by the City Manager which approval
shall not be unreasonably delayed or denied, and
(c) Are in compliance with all State, Dade County and
City of Miami rules and regulations, and any other agency that
may have jurisdiction in these matters.
All additions, partitions, or improvements shall become the
property of CITY and shall remain a part of the AREA at the
expiration of this Management Agreement. All improvements and
structures constructed on the site shall become the property of
the CITY. The cost of renovation of the AREA as to alterations,
additions, partitions or improvements shall be borne by and is
the financial responsibility of MANAGEMENT.
Submitted into the public
record in connection �rzih
item 5 on � //119 S S
95- 457
.—i
30. UTILITIES
The MANAGEMENT shall pay for all utilities consumed on the
property as well as connection and installation charges thereof,
and waste collection.
31. RESPONSIBILITY FOR DAMAGE
The CITY will not be responsible for any damage from theft,
or disappearance of either the equipment or the merchandise from
break-ins or burglary, power failure due to hurricanes,
electrical storms, Acts of God, or other acts beyond the control
of the CITY. The MANAGEMENT shall stand loss for all slugs and
shortages.
32. INDEMNIFICATION
The MANAGEMENT covenants and agrees that it shall indemnify,
hold harmless, and defend the CITY, its agents, officers and
employees from and against any and all claims, suits, action,
damages or causes of action arising during the term of the
Management Agreement for any personal injury, loss of life, or
damage to property sustained in or about the AREA, by reason of
or as a result of the MANAGEMENT's occupancy thereof, and from
and against any orders, judgments or decrees which may be entered
thereon, and from and against all cost, attorney's fees, expenses
and liabilities incurred in and about the defense of any such
claim and the investigation thereof.
33. DAMAGES OR LOSS
The MANAGEMENT releases the CITY from any and all liability,
cost or expenses for damage &ibli6jAbac�an%h&h(AFWAblilgr any cause
whatsoever. record in co'nn cfion vvith
r
item On
95-- 457
16 City Cleik
34. DEFAULT
In the event the MANAGEMENT fails to comply with each and
every term and condition of the Management Agreement or fails to
perform any of the terms and conditions contained herein, then
CITY at its sole option, upon thirty (30) days written notice to
MANAGEMENT, and MANAGEMENT's failure to comply or cure defect,
may cancel and terminate the Management Agreement, and all
advances, improvements or other compensation shall be forfeited
by MANAGEMENT, not as a penalty but as liquidated damages.
35. ATTORNEY'S FEES
In the event it is deemed necessary by either the CITY or
MANAGEMENT to file a law suit in the appropriate court of law to
enforce any of the terms and conditions of this Management
0
Agreement, the prevailing party shall be entitled to reasonable
attorney's fees.
36. SURRENDER OF AREA
MANAGEMENT will quietly and peaceably deliver the AREA to
the CITY in the same repair and condition in which they were
received at the inception of this Management Agreement.
37. WRITTEN NOTICES
MANAGEMENT agrees that all notices under this Management
Agreement must be in writing and shall be deemed to be served
when delivered to the MANAGEMENT at:
LATIN AMERICAN GOURMET RESTAURANT; INC.
2900 Southwest 4 Avenue
Miami, Florida 33129
Submitted into the public
record in connection with
item —LE— 0A1.1_ 9 S
r
cit-y Clerk
9
457
38. CAPTIONS
The captions contained in this Management Agreement are
inserted only as a matter of convenience and for reference and in
no way define, limit or prescribe the scope of this Management
Agreement or the intent of any provision thereof.
39. BINDING ON SUCCESSORS
This Management Agreement shall be binding upon the CITY and
the MANAGEMENT, their successors and assigns, and they shall
abide by each of the terms and conditions hereof.
40. AMENDMENTS AND MODIFICATIONS
No amendments or modifications to this Management Agreement
other than those administratively allowed herein shall be binding
on either party unless in writing, signed by both parties and
approved by the City Commission.
IN WITNESS WHEREOF, the parties hereto have caused this
Management Agreement to be executed in their names by their duly
authorized officers, all as of the day and year first above
written.
ATTEST: CITY OF MIAMI, FLORIDA a
municipal corporation of the
State of Flor'da
�—Y4A� ��/✓�
By:
CITY CLERK CITY MANA ER
Submitted into the public
record In connectionLATIN AMERICAN GOURMET
d8TAURANT INC.
> item I-- 5�.._ Ong j S'
1
SECRETA Y City Cle. RESIDE T !
95- 457
APPROVED AS TO FORM AND
CORRECTNESS:
ITY T Y
%
APPROVE AS; TO IN RANCE
REQUIREMENTS:
"'12zlyl"T DEPJ
"ZN-"*lS. RTRE-NT
HA RA, qIRECTOR
Submitted into the Public
reco.rcl in coll1leation With
item /S-
on) b
City clexk,
12
95- 457
J
CORPORATE RESOLUTION
WHEREAS, the CITY OF MIAMI has agreed to enter into a
Management Agreement with LATIN AMERICAN GOURMET RESTAURANT, INC.
for the management, operation and maintenance of the park
concession area at Paul Walker Park, located at 46 West Flagler
Street, Miami, Florida; and
WHEREAS, LATIN AMERICAN GOURMET RESTAURANT, INC. has agreed
to accept this Management Agreement; and
WHEREAS, the Board of Directors of LATIN AMERICAN GOURMET
RESTAURANT, INC. has examined the terms, conditions, and
obligations of the attached Management Agreement with the City of
Miami, for the management, operation and maintenance of the
premises; and
WHEREAS, the Board of Directors of LATIN AMERICAN GOURMET
RESTAURANT, INC., at a duly held corporate meeting, has
considered the matter in accordance with the bylaws of the
corporation;
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
LATIN AMERICAN GOURMET RESTAURANT, INC. that the president and
secretary are hereby authorized to enter into a Management
Agreement in the name of, and on behalf of this corporation, with
the City of Miami for the price -and upon the terms and payments
contained in the attached Management Agreement submitted by the
City of Miami. Submitted into the public
record in cC;jjj _E,C ion withitem / 5� Oil �!! ) 9 S
City Clerk
,7n
95- 457
J
IN WITNESS WHEREOF, this 6 day of CC L/ 1992.
ATTEST: LATIN AMERICAN GOURMET
RESTAURANT, INC.
Secretar3e President I
Board of Directors
I
Submitted into the public
record in
c"IlOctiL-
on with
item IS-
OJ-A
- L
City Clerk
MEMORANDUM
To: The City of Miami
From: Ms. Christine A. Rupp
1315 Venetia Avenue, Coral Gables, FL 33134
(305) 446-9547
Subject: Paul S. Walker Park, 46 West Flagler Street
Date: June 1, 1995
I requested to be placed on the agenda to notify the city commission, the city manager,
the city attorney, and the city clerk of the deplorable conditions at Paul S. Walker Park, 46 West
Flagler Street. I submit that the current management of the park, LATIN AMERICAN
GOURMET, INC., is in non-compliance with numerous terms of the Management Agreement
with the City of Miami, dated 5/29/92. Therefore, the agreement should be terminated.
I have prepared presentation packets for you which contain a copy of the current
Management Agreement and photographs of the unsightly conditions at the park, which for
years, have remained unchecked.
• Paul S. Walker Park was established in the late 70's as a downtown oasis. As an urban
mini -park, it was meant to be utilized as a refreshing break from•the office, a retreat from the
street. Since that time, the park has seen many changes. In 1992, this Management Agreement
before you was executed by the city, naming LATIN AMERICAN GOURMET, INC. responsible
for management, operation and maintenance of the park and the inclusive concession area. The
color copies which were taken last week evidence the current park condition.
I now refer you to the Management Agreement (as highlighted).
Why has the city allowed the park to deteriorate to it's current condition? The goal of the
DDA and the city leaders is to draw quality, civic -minded people to the downtown area. This
park could be a shining example of the city's concern for a more positive image of our
downtown. Paul S. Walker Park was a beautiful, simple idea that has been destroyed.
I have a clear vision of the park and what it is meant to be. I request that I may submit a
proposal for the management, operation, and maintenance of Paul S. Walker Park. Based upon
a mutually agreeable management contract between the city and myself, I am in a position to
return the park to it's original landscape architectural specifications, and open Paul S. Walker
Park within but a few short weeks.
Submitted into the Public
record in connection with
item -- I _ —on _ _� i L S
City Clerk
95- 4-57
I