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HomeMy WebLinkAboutR-94-0895J-94-1012 12/1/94 RESOLUTION NO. 9 4` 895 A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE PERMIT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH BAYSIDE SEAFOOD RESTAURANT, INC. FOR THE USE OF THE RESTAURANT AREA AT VIRGINIA KEY MARINA, LOCATED AT 3501 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA, TO ALLOW FOR THE CONTINUED OPERATION OF THE FOOD AND BEVERAGE CONCESSION ON A MONTH -TO -MONTH BASIS WITH BAYSIDE SEAFOOD RESTAURANT, INC.) PAYING A MONTHLY FEE TO THE CITY OF TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500.00) PLUS TEN AND THREE TENTHS PERCENT (10.3%) OF ITS MONTHLY GROSS PROCEEDS AND WITH TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN THE REVOCABLE PERMIT. WHEREAS, since 1985 Bayside Seafood Restaurant, Inc. (the "Restaurant") has been operating a restaurant in Virginia Key on City -owned land on a portion of that area governed by that certain Concession Agreement dated May 19, 1978, between the City of Miami and Marine Stadium Enterprises, Inc., as assigned and amended (the "Agreement"); and WHEREAS, the term of the Agreement expired on May 31, 1993 and all further extensions of said term have been terminated pursuant to a Court Order entered on November 9, 1994, in connection with Case No. 94-14211 CA (32); and CITY COMNidSSIODi MEETING OF DEC 9 1 1994 Resolution No. 94- 895 WHEREAS, the Restaurant wishes to continue its operations on the premises and will pay to the City of Miami a monthly fee of Two Thousand Five Hundred Dollars ($2,500.00) plus continue to i pay to the City ten and three tenths percent (10.3%) of its monthly gross proceeds, and meet other terms and conditions outlined in the Revocable Permit; 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 City Manager is hereby authorized!-' to execute a Revocable Permit, in substantially the attached form, with Bayside Seafood Restaurant, Inc. for the use of the restaurant area at Virginia Key Marina, located at 3501 Rickenbacker Causeway, Miami, Florida, to allow for the continued operation of the food and beverage concession on a month -to -month basis with Bayside Seafood Restaurant, Inc.,paying a monthly fee to the Citv of Miami of Two Thousand Five Hundred Dollars ($2,500.00) plus ten and three tenths percent (10.3%) of its monthly gross proceeds and with terms and conditions as more 1 /The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. -2- 94- 895 particularly set forth in the Revocable Permit. Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 1st day of December ATT&A6 : MAT Y HIRAI CITY CLERK PREPARED AND APPROVED BY: Ai gL I�.BR ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: . z.&1,4.1. ltao") A. .Q INN 40PES,, III CITY ATTO V EY . 1994. STEP N P. CLARK, MAYOR -3- 94- 895 REVOCABLE PERMIT ISSUED BY THE CITY OF MIAMI TO BAYSIDE SEAFOOD RESTAURANT, INC. FOR THE USE OF THE RESTAURANT AREA LOCATED AT VIRGINIA KEY MARINA 3501 RICKENBACKER CAUSEWAY MIAMI, FLORIDA Issued this day of , 1994. ATTEST: MATTY HIRAI CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: A. QUINN JONES, III CITY ATTORNEY CITY OF MIAMI, a municipal corporation of the State of Florida CESAR H. ODIO CITY MANAGER APPROVED AS TO INSURANCE REQUIREMENTS: FRANK ROLLASON, DIRECTOR RISK MANAGEMENT DEPARTMENT 94- 895 CONTENTS I. DESCRIPTION OF AREA 2. TIME 3. PURPOSE AND USE 4. FEE 5. LAWS APPLICABLE 6. UTILITIES 7. NO ASSIGNMENT OR TRANSFER 8. CONDITION OF AREA 9. IMPROVEMENTS 10. MAINTENANCE 11. CITY'S RIGHT OF ENTRY 12. RISK OF LOSS 13. INDEMNIFICATION 14. INSURANCE 15. PEACEFUL RELINQUISHMENT 16. GENERAL CONDITIONS 17. ADVERTISING 18. NONDISCRIMINATION 19. VIOLATIONS 20. TAXES 21. INTEREST CONFERRED BY PERMIT 22. AFFIRMATIVE ACTION 23. MINORITY/WOMEN BUSINESS UTILIZATION 24. ENTIRE AGREEMENT 25. AMENDMENTS 9A- 895 26. WAIVER OF JURY TRIAL 27 COURT COSTS AND ATTORNEY'S FEES 28. MODIFICATIONS CORPORATE RESOLUTION 94- 895 REVOCABLE PERMIT 1. DESCRIPTION OF AREA The City of Miami (hereinafter referred to as the "CITY") hereby issues this revocable permit (hereinafter referred to as the "PERMIT") to BAYSIDE SEAFOOD RESTAURANT, INC., a Florida corporation, (hereinafter referred to as the "PERMITTEE"), for the purpose of and under the conditions hereinafter set forth, permitting said PERMITTEE to use the restaurant concession consisting of approximately 4,000 square feet of outdoor deck dining area and approximately 2,000 square feet of enclosed kitchen and dining area, and the existing equipment which is more fully described in Exhibit 1, attached hereto and made a part hereof, located in Virginia Key Marina, 3501 Rickenbacker Causeway, Miami, Florida, (hereinafter referred to as the "AREA"). CONDITIONS 2. TIME This PERMIT shall be valid on a month -to -month basis commencing on December 1, 1994, unless otherwise revoked as provided below. This PERMIT may be revoked by the City Manager, with or without cause at any time by delivery of a written notice of revocation, fifteen (15) days prior to revocation. 3. PURPOSE AND USE PERMITTEE's AREA shall be used by the PERMITTEE to operate a restaurant selling food, beverages, including alcoholic beverages, and tobacco. 94- 895 4 4. FEE PERMITTEE shall pay to CITY for the use of the AREA a monthly fee of Two Thousand Five Hundred Dollars ($2(500.00) plus ten and three tenths percent (10.3%) of its monthly gross proceeds. 5. LAWS APPLICABLE PERMITTEE accepts this PERMIT and hereby acknowledges that PERMITTEE's compliance with all laws of the State 'of Florida, Ordinances of the .City of Miami and Dade County, Florida, pertaining to the operation and maintenance of the AREA, including but not limited to building codes and zoning restrictions, is a condition of this PERMIT, and PERMITTEE shall comply therewith as the same presently exist and as they may be amended hereafter. 6. UTILITIES PERMITTEE shall pay for all its utilities consumed at the AREA, including but not limited to electricity, water, gas and telephone charges, including the cost of installation of any lines and equipment necessary. PERMITTEE shall be responsible for removal of its garbage and trash. PERMITTEE shall be solely responsible for payment of all Stormwater Utility Fees imposed upon the AREA. 7. NO ASSIGNMENT OR TRANSFER PERMITTEE cannot assign or transfer its privilege of entry and use granted unto it by this PERMIT. 94- 895 5 8. CONDITION OF AREA PERMITTEE hereby accepts the AREA in its present condition and shall maintain it in good condition, order and repair. 9. IMPROVEMENTS PERMITTEE agrees that no construction, repairs, alterations or improvements may be undertaken upon the AREA unless the plans are: A. Submitted to the Office of Asset Management and Capital Improvements for review and prior approval which approval shall not be unreasonably delayed or denied; B. Approved by all departments and offices of the CITY having jurisdiction thereof; and C. In compliance with all State, Dade County and City of Miami rules and regulations. All additions, partitions, or improvements shall become the property of CITY and shall remain a part of the AREA at the expiration of this PERMIT. The cost of renovation of the AREA as to alterations, additions, partitions or improvements shall be borne by and is the financial responsibility of PERMITTEE. Upon completion of construction, the paid invoices, receipts and other such documents shall be submitted to the Office of Asset Management and Capital Improvements. Prior to the expiration date of this PERMIT or the effective date of any earlier termination, PERMITTEE shall have the right 94- 895 to remove any movable personal property or trade fixtures that it places on the AREA, however, if any removal of machinery, equipment, or trade fixtures shall injure or damage the AREA, PERMITTEE shall repair such damage at its own expense. Any personal property or trade fixtures remaining at the AREA after the termination or expiration of this PERMIT shall become the property of the CITY. PERMITTEE also hereby agrees to pay for and obtain all necessary and applicable permits in compliance with all State, Dade County and City of Miami laws, rules and regulations in connection with any additions, partitions or improvements made by PERMITTEE to the AREA. 10. MAINTENANCE PERMITTEE shall at PERMITTEE's sole cost and expense maintain the AREA, including all plumbing, electrical, heating and gas facilities, in good order and repair at all times, and in an attractive, clean and sanitary condition during the period of this PERMIT or any extension or renewal hereof. 11. CITY'S RIGHT OF ENTRY CITY, or any of its properly designated agents, representatives, or employees, shall have the right to enter the AREA during all reasonable working hours, to examine and/or inspect the same. 12. RISK OF LOSS PERMITTEE shall indemnify and save CITY harmless against all 94- 895 7 risk of loss, injury or damage of any kind or nature whatsoever to property now or hereafter placed on or within the AREA and all risk of loss, injury or damage of any kind or nature whatsoever to the contents of such building or improvements made by PERMITTEE to the structure or structures, or to any goods, chattels, merchandise or to any other property that may now or hereafter be placed upon the AREA, whether belonging to PERMITTEE or others, whether said loss, injury or damage results from fire, hurricane, rising water or from any other cause or other contingency, and whether the same be caused by the claimed negligence of CITY or any of its employees, agents or otherwise, and shall keep CITY harmless from all claims and suits growing out of any such loss, injury or damage. 13. INDEMNIFICATION AND HOLD HARMLESS PERMITTEE covenants and agrees that it shall indemnify, hold harmless and defend CITY from and against any and all claims, suits, actions, damages or causes of action arising during the period of this PERMIT or any extensions or renewals hereof, for any personal injury, loss of life or damage to property sustained in or on the AREA, by reason of or as a result of PERMITTEE's use or operations thereon, and from and against any orders, judgments, or decrees which may be entered thereon, and from and against all costs, attorney's fees, expenses and liabilities incurred in and about the defense of any such claim and the investigation thereof. 94- 895 14. INSURANCE PERMITTEE shall maintain throughout the period of this PERMIT and through any periods of extensions or renewals, the following insurance: A. Commercial General Liability, Comprehensive General Liability or its equivalent, including premises, operations, and contractual coverages, with a combined single limit of at least $1,000,000 for bodily injury liability and property damage liability. B. Any other coverage deemed necessary in the course of business, broad form property coverage in building, fire, flood, windstorm and extended coverage on a replacement cost basis and worker's compensation as determined by State law. C. The City shall be named an additional insured and Loss Payee on all the required policies of insurance. Required policies of insurance shall be so written that the policy or policies may not be cancelled or materially changed without thirty (30) days advance written notice to the CITY. D. A current Certificate and Policy of Insurance showing the required coverage shall be supplied to the Office of Asset Management and Capital Improvements of the CITY. Insurance policies required above shall be issued by companies duly authorized to do business under the laws of the State, and approved by the CITY 94- 895 with the following qualifications as to management and financial strength: the company should be rated "B+" as to management, and no less than class "X" as to financial strength, in accordance with the latest edition of Best's Key Rating Guide, or the company holds a valid Florida Certificate of Authority issued by the State of Florida, Department of Insurance, and is a member of the Florida Guarantee Fund. Receipt of any documentation of insurance by the CITY or by any of its representatives which indicates less coverage than required does not constitute a waiver of the PERMITTEE's obligation to fulfill the insurance requirements herein. 15. PEACEFUL RELINQUISHMENT At the expiration of the PERMIT period, PERMITTEE shall, without demand, quietly and peaceably relinquish, surrender and deliver up possession of the AREA in good as condition as it was at the beginning of the PERMIT period. Peaceful relinquishment is also required pursuant to the provisions of Section 19 hereof, or as provided in Section 2 hereof or as may otherwise be directed by CITY. 16. GENERAL CONDITIONS A. Notices: All notices or other communications which may be given ! pursuant to this PERMIT shall be delivered in writing, by personal service or registered mail, and shall be addressed to 9d- 895 10 CITY and PERMITTEE as follows: CITY OF MIAMI PERMITTEE City Manager Bayside Seafood Restaurant Attn: Asset Management Attn: Rolf Gerstner City of Miami 3501 Rickenbacker Cswy. P.O. Box 330708 Miami, F1. 33149 Miami, Florida Such notice shall be deemed given on the day on which personally served; or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. B. Title and paragraph headings are for convenient reference and are not a part of this PERMIT. C. Waiver: No failure on the part of the CITY to enforce or insist upon performance of any of the terms of this PERMIT, nor any waiver of any right hereunder by the CITY, unless in writing, shall be construed as a waiver of any other term or as a waiver of any future right to enforce or insist upon the performance of the same term. D. Should any provisions, paragraphs, sentences, words or phrases contained in this PERMIT be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unlawful under the laws of the State of Florida or the City of Miami, such provisions, paragraphs, sentences, words or phrases shall be deemed modified to the extent necessary in order to conform with such laws, and the same may be deemed severable by the CITY, and in such event, the remaining terms and conditions 94- 895 11 of this PERMIT shall remain unmodified and in full force and effect. 17. ADVERTISING PERMITTEE shall not permit any signs or advertising matter to be placed either in the interior or upon the exterior of the AREA grounds without having first obtained the approval of the City Manager or his designee. CITY reserves the right to erect or place upon the AREA an appropriate sign indicating CITY's having issued this PERMIT. 18. NONDISCRIMINATION PERMITTEE shall not discriminate against any persons on account of race, color, sex, religious creed, ancestry, national origin, mental or physical handicap, in the use of the AREA and improvements thereon. 19. VIOLATIONS If PERMITTEE in any manner violates the restrictions and conditions of this PERMIT, then, and in the event, after ten (10) days written notice given to PERMITTEE by the City Manager•within which to cease such violation or to correct such deficiencies, and upon failure of PERMITTEE to do so after such written notice, this PERMIT is hereby revoked automatically without the need for other or further action by CITY. 20. TAXES During the period of this PERMIT, PERMITTEE shall pay any and all taxes of whatever nature lawfully levied upon or assessed against the AREA. 94- 895 12 21. INTEREST CONFERRED BY PERMIT. The provisions of this PERMIT do not constitute a lease and the rights of PERMITTEE hereunder are not those of a tenant. No leasehold interest in the AREA is conferred upon PERMITTEE under the provisions hereof. 22. AFFIRMATIVE ACTION PERMITTEE, shall have in place an Affirmative Action/Equal Employment Opportunity Policy and shall institute a plan for its achievement which will require that action be taken to provide equal opportunity in hiring and promoting for women, minorities, the handicapped, and veterans. Such plan will include a set of positive measures which will be taken to insure nondiscrimination in the work place as it relates to hiring, firing, training and promotion. In lieu of such a policy/plan, PERMITTEE shall submit a Statement of Assurance indicating that their operation is in compliance with all relevant Civil Rights laws and regulations. 23. MINORITY/WOMEN BUSINESS UTILIZATION PERMITTEE, shall make every good faith effort to purchase/contract fifty-one percent (51%) of its annual goods and services requirements from Hispanic, Black and Women businesses/professionals registered/certified with the City of Miami's Office of Minority/Women Business Affairs. Such lists will be made available to the PERMITTEE at the time of the issuance of the PERMIT by the City of Miami and updates will be routinely provided by the City's Office of Minority/Women Business Affairs. 9A-r 895 13 24. ENTIRE AGREEMENT This instrument and its attachments constitute the sole and only agreement of the parties hereto and correctly set forth the rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this PERMIT are of no force or effect. 25. AMENDMENT No amendments to this PERMIT shall be binding on either party unless in writing and signed by both parties. 26. WAIVER OF JURY TRIAL PERMITTEE waives a trial by jury of any and all issues arising in any action or proceeding between the parties hereto, or their successors or assigns, under or connected with this PERMIT, or any of its provisions, the relationship of the parties, the PERMITTEE's use or occupancy of the premises, PERMITTEE's rights thereto, and/or claim of injury or damage and any emergency statutory or any other statutory remedy or otherwise. 27. COURT COSTS AND ATTORNEY'S FEES In the event that it becomes necessary for CITY to institute legal proceedings to enforce the provisions of this PERMIT, PERMITTEE shall pay CITY's court costs and attorney's fees. 28. MODIFICATIONS The conditions contained herein shall not be modified unless 94- 895 14 said modifications are approved in writing by the City Commission. IN WITNESS WHEREOF, PERMITTEE has hereunto caused this Revocable Permit to be applied for and has executed the following by its duly authorized officers, as of this day of , 1994. ATTEST: PERMITTEE: BAYSIDE SEAFOOD RESTAURANT, INC. Corporate Secretary Director (Seal) 9A- 895 15 EXHIBIT 1 INVENTORY OF RESTAURANT EQUIPMENT AT VIRGINIA KEY MARINA 3501 RICKENBACKER CAUSEWAY MIAMI, FLORIDA One (1) "Traulsen" stainless steel refrigerator with two (2) glass doors and four (4) interior shelves One (1) "Kenmore 23" stainless steel regrigerator Model No. 253.9133380 Serial No. S308193448 One (1) "Alco Dispensing System" for soft drinks Model No. 2323 Serial No. 20157 One (1) stainless steel sink 94- 895 W CORPORATE RESOLUTION WHEREAS, the CITY OF MIAMI has agreed to enter into a Revocable Permit with BAYSIDE SEAFOOD RESTAURANT, INC. a Florida corporation, for the use of the restaurant area of Virginia Key Marina, Inc., located at 3501 Rickenbacker Causeway, Miami, Florida ("AREA"); and WHEREAS, BAYSIDE SEAFOOD RESTAURANT, INC. has agreed to accept this Revocable Permit; and WHEREAS, the Board of Directors of BAYSIDE SEAFOOD RESTAURANT, INC. has examined the terms, conditions, and obligations of the attached Revocable Permit with the CITY OF MIAMI, for the use of the AREA; and WHEREAS, the Board of Directors of BAYSIDE SEAFOOD 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 BAYSIDE SEAFOOD RESTAURANT, INC., that the president and secretary are hereby authorized to enter into a Revocable•Permit 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 Revocable Permit submitted by the CITY OF MIAMI. IN WITNESS WHEREOF , this day of , 1994. Secretary BAYSIDE SEAFOOD RESTAURANT, INC. Bv: President Board of Directors 94- 895 17 CITY OF MIAM1, FLORIDA INTER -OFFICE MEMORANDUM 8 To : Honorable Mayor and Members DATE : NUV 21 1994 FILE of the City Commission SUEUECT : Resolution Authorizing Revocable Permit to Bayside Seafood Restaurant at Virginia Key Marina FROM : Ceknager dl0 REFERENCES Ci For December 1, 1994 ENCLOSURES :Commission Meeting RECOMMENDATION: It is respectfully recommended that the City Commission adopt the attached resolution authorizing the City Manager to execute a Revocable Permit, in substantially the attached form, with Bayside Seafood Restaurant, Inc. for the use of the restaurant area of Virginia Key Marina, located at 3501 Rickenbacker Causeway, Miami, Florida, to allow for the continued operation of the food and beverage concession on a month -to -month basis with Bayside Seafood Restaurant, Inc. paying a monthly fee to the City of Two Thousand Five Hundred Dollars ($2,500.00) plus ten and three tenths percent (10.3%) of its monthly gross proceeds. BACKGROUND: Bayside Seafood Restaurant, Inc. has been operating a restaurant at Virginia Key Marina since 1985 as a sublessee of Virginia Key Marina Partnership, Inc. under that certain Concession Agreement dated May 19, 1978 between the City of Miami and Marine Stadium Enterprises, Inc., as assigned and amended, which has been terminated. Bayside Seafood Restaurant, Inc. wishes to continue its operations on the premises and will pay to the City a monthly fee of Two Thousand Five Hundred Dollars ($2,500.00) plus it will continue to pay the City ten and three tenths percent (10.3%) of its monthly gross proceeds, and meet other terms and conditions outlined in the Revocable Permit. Attachment: Proposed Resolution 94- 895 8-1