HomeMy WebLinkAboutR-82-0530r
I� 6
82-53Q-
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AMENDMENT TO THE AGREEMENT WITH CARLOS PASCUAL,
FOOD AND BEVERAGE CONCESSIONAIRE AT GRAPELAND PARK,
IN SUBSTANTIALLY THE SAME FORM AS ATTACHED HERETO,
PROVIDING FOR A FIVE- (5) YEAR EXTENSION TO THE
AGREEMENT, COMMENCING THE 12TH DAY OF MAY, 1982,
WITH AN ADDITIONAL FIVE- (5) YEAR OPTION AND FUR-
THER AUTHORIZING CONSTRUCTION OF A PERMANENT CON-
CESSION FACILITY TO REPLACE THE CURRENT MOBILE
UNIT.
WHEREAS, Carlos Pascual, the food and beverage concessionaire
for Grapeland Park, has requested authorization to construct a per-
manent concession facility in the park and for an extension period of
five (5) years with an additional five- (5) year period; and
WHEREAS, the city manager, pursuant to the existing agreement
may extend said agreement, but must present any renegotiation for
City Commission approval; and
WHEREAS, the Department of Recreation and the Department of
Parks have reviewed and recommend approval of said request.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. That the city manager is being authorized to execute
an amendment to the agreement with Carlos Pascual, food and beverage
concessionaire at Grapeland Park, in substantially the same form
as attached hereto, providing for an extension of five (5) years,
commencing on the 12th day of May, 1982, with an additional five-
(5) year option and further authorizing construction of a permanent
concession facility.
Section 2. All other terms and conditions of the original
agreement, dated February 1, 1982, remain in effect.
PASSED AND ADOPTED this 17thday of T„„„ , 1982.
AT�� M A Y O R
RALNG. ONGIE, City Clerk
PREPD AND APP VED BY:
JORG4 LUIS FERNAN Z,'Assistant City Att hey
APPROVES TO FOR ND CORRECTNESS:
,&__ 1 J NAA—.
XGEORGE F.
r
, JR., Citf Attorney
Ory COMMISSION
MEETING OF
J U N 17 1982
iauourra+� 0B2-5 0.
r
52 !N r
Howard V. Gary June 10, 1982
City Manager
I
�
CIA Al ert H.� L
oward, Director
Department of Recreation
PURPOSE:
CAUSE/
EFFECT
BACKGROUND:
AHH/KDH/mf
Encl.
CITY COMMISSION ACTION
Proposed Resolution -
Carlos Pascual Agreement
It is recommended that the City Manager be authorized
to execute an amendment to the existing agreement of
Carlos Pascual, Food and Beverage Concessionaire at
Grapeland Park, providing for an extension to the
existing agreement of five years commencing on May 12,
1982, with an additional five-year option, and further
authorizing construction of a permanent concession
facility on the park, as per the attached resolution.
The purpose of this action is to authorize Carlos Pascual
to construct a permanent concession facility and extend
the existing agreement to allow for amortization of this
investment.
This resolution extends the terms and allows for said
construction only, and all other conditions of the origi-
nal agreement dated February 1, 1982, remain in effect.
Carlos Pascual has been operating successfully and in good
faith with the City, and completion of the project should
enhance Mr. Pascual's efforts in servicing the many park
patrons.
It is therefore, the recommendation of the Director of the
Department of Recreation that this resolution be ratified.
82-, vno-
4 6
AMENDMENT NUMBER 1
AMENDMENT TO AGREEMENT BETWEEN
THE CITY OF MAIMI AND CARLOS PASCUAL
THIS AMENDMENT, entered into this day of , 1982,
by and between the City of Miami, a municipal corporation of the
State of Florida, hereinafter referred to as the "CITY", and
Carlos Pascual, hereinafter referred to as the "CONCESSIONAIRE",
amending the existing agreement between the CITY and CONCESSIONAIRE,
dated February 1, 1981.
IN CONSIDERATION of the mutual covenants and agreements here-
inafter set forth and for and in consideration of other valuable
consideration the parties hereto covenant and agree to amend this
agreement, as outlined below, with express agreement that all other
terms, conditions, and stipulations contained in aforesaid agree-
ment shall remain in full force and effect and without any change
or modification whatsoever:
1. That Paragraph l(a) shall be amended to read as follows:
1. LOCATION OF CONCESSION, TERM, AND USE
"(a) The term of the original agreement, dated
February 1, 1981, shall be extended for a per-
iod of five (5) years, commencing as of the 12th
day of May, 1982, and terminating on the llth
day of May, 1987, at which time the CITY may,
at its sole option, extend the agreement for
an additional five- (5) year period; its
consent shall not be unreasonably withheld."
2. The CITY hereby authorizes the CONCESSIONAIRE to construct,
at the CONCESSIONAIRE'S sole cost and expense, a permanent conces-
sion facility at a designated area in the park, as approved by the
CITY. The CONCESSIONAIRE must submit plans for the CITY'S approval
prior to commencement of any work, which shall be performed through
quality workmanship, in accordance with sound construction prac-
tices.
Upon the expiration or termination of this lease, all per-
manent improvement constructions on the premises shall vest in the
CITY; the CONCESSIONAIRE shall have the right to remove all supplies,
furnishing, inventories, removable equipment and other personal
property.
3. All other terms, conditions, and stipulations remain
in full force and effect, without any changes or modifications
whatsoever.
THE CITY OF MIAMI, a municipal
corporation of the State of Florida
By:
HOWARD GARY
ATTEST: City Manager
RALPH ONGIE, City Clerk CARLOS PASCUAL, Concessionaire
WITNESS:
REVIEWED BY:
Assistant City Attorney
By:
President
APPROVED AS TO FORM AND CORRECTNESS:
GEORGE F. KNOX, JR., City Attorney
B2"'1-30
y
{ `r
r
52
Howard V. Gary - June 10, 1982
City Manager
Al ert H.r AO4drDirector
Department of Recreation
CITY COMMISSION ACTION
Proposed Resolution -
Carlos Pascual Agreement
It is recommended that the City Manager be authorized
to execute an amendment to the existing agreement of
Carlos Pascual, Food and Beverage Concessionaire at
Grapeland Park, providing for an extension to the
existing agreement of five years commencing on May 12,
1982, with an additional five-year option, and further
authorizing construction of a permanent concession
facility on the park, as per the attached resolution.
PURPOSE: The purpose of this action is to authorize Carlos Pascual
to construct a permanent concession facility and extend
the existing agreement to allow for amortization of this
investment.
CAUSE/ This resolution extends the terms and allows for said
EFFECT: construction only, and all other conditions of the origi-
nal agreement dated February 1, 1982, remain in effect.
BACKGROUND: Carlos Pascual has been operating successfully and in good
faith with the City, and completion of the project should
enhance Mr. Pascual's efforts in servicing the many park
patrons.
AHH/KDH/mf
Encl.
It is therefore, the recommendation of the Director of the
Department of Recreation that this resolution be ratified.
-'Li
62- 0 30-