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Home My WebLink AboutR-80-0304JMH/wpc 4/17/80 RESOLUTION NO. H 0- 3 0 4 A RESOLUTION AUTHORIZING THE CITY MANAGER TO F,XECUTE AN ADDENDUM TO A CONCESSION AGRI,IiF1EN'I' BI;'I1JEEN THE? CITY AND ' MARINE STADIUM ENTERPRISES, INC. , I)ATE-1) MAY 19, 1978, IN ACCORDANCE. WITH '1'Hf; TER11S AND CONDITIONS SET FORTH IN THE ATTACHED AGREEMENT. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1, The City Manager is hereby authorized to execute an Add nd t C g I- A nt b tw a th Cit d M i S d e um o a once.. o greeme e e n e y an ar ne to ium Enterprises, Inc. in accordance with the terms and conditions set forth in the attached agreement. PASSED AND ADOPTED this 24 day of Anril . 1980. AT 'ST: _.. CITY CLERK P PARED AND A R)VED BY; J . MICHAEL H )0D ASSISTANT (;IT '-/ATTORNEY ED AS TAFORM ANN CORRECTNESS: KORGI: F. OX, R. ITY ATTO EY Maurice A. Ferre "SU iP07T{ V G i�� DOCU i'S FOLLOW" MAYOR �`DQ�iJ�i►�� 13�G�X ITEM N0� CITY COMMISSION MEETING OF APR2 4 1980 v •; .1 N T,; Joseph R. Grassi a 0ATC. April 18, 1980 L : City Manager Addendum to Lease with E. A. Hancock, Marine Stadium Enterprises, Inc. Cesar H. Odio FIto M: Assistant City Manager Proposed Resolution and Addendum . (J4 LC to Lease At the Commission meeting of February 28, 1980, passed a Motion (80-135) authorizing and directing the City Manager to revise the present terms of the Lease with Mr. Eugene A. Hancock, Marine Stadium Enterprises, Inc., to include: a) rack storage; b) sale of marine fuel; c) permission to provide minor boat repairs to vessels stored on the premises, subject to the amendments being legally accepted by the City Attorney. The City Attorney has rendered an opinion that amendments to the Lease can be made without any conflict with the recently passed Charter Amend- ments regarding City -owned waterfront property. The Administration has negotiated with Mr. Hancock the following increases for the provisions authorized: a) Two and one half (21,) cents per gallon on all marine fuel sales; b) Ten point three percent (10.3",) of all gross receipts received from the storage of boats on racks; c) Five percent (5".) of all gross receipts received from minor boat repairs. The attached Resolution and Addendum to the Lease have been prepared by the Law Department of the City and are approved by the City Attorney. In addition to the above amendments to the Agreement, the term of this Agreement has been extended for ten years, or until 1993. DOC..'�J .',%1TS F Cry'L L0"AA/rs 80-3 04 r oh, ADDENDUM THIS ADDENDUM TO THE LEASE AGREEMENT between the City of Miami, a municipal corporation of the State of Florida, hereinafter called the "CITY", and Marine Stadium Enterprises, Inc., a Florida corporation, hereinafter called the "COMPANY", adds certain provisions to that Concession Agreement made and entered into between the parties on May 19, 1978. t4lTNESSETH WHEREAS, the City Commission adopted Resolution No. 78-350 authorizing and directing the City Manager to execute a Concession Agreement with the "COMPANY"; and WHEREAS, said Concession Agreement provided a term of five (5) years commencing on the 1st day of June, 1978 and terminating on the 31st day of r May, 1983; and WHEREAS, said Concession Agreement limited the concessions that the "COMPANY" could engage in; and WHEREAS, on , 1979 the City Commission adopted Resolution No. authorizing the City Manager to execute the Concession Agreement; NOW, THEREFORE, the parties do hereby covenant and agree as follows: 1. USE OF PREMISES. The "COMPANY" shall have the following additional exclusive rights in the Marine Stadium areas described in paragraph one (1) of the Concession Agreement between the "CITY" and the "COMPANY" dated May 19, 1978: (a) rack storage; (b) sell marine fuel; (c) provide minor boat repairs to vessels stored at your premises. 2. TERM. t The term of the Concession Agreement between the "CITY" and the "COMPANY" dated May 19, 1978 shall be extended for an additional term of ten (10) years, terminating on the 31st day of May, 1993. There shall be no extension of this term. rc ;L- l L .:�ell 80-304 3. CONSIDERATION. As payment for the right to exercise the additional concession privileges described in paragraph one (1) of this Agreement on the described premises throughout the term of this Concession Agreement, the "COMPANY' hereby agrees to pay the "CITY" a percentage of the gross receipts derived from its operations, or a minimum annual guarantee, whichever amount is greater, as follows: (a) Two and one-half (2') cents per gallon on all marine fuel sales; (b) Ten point three percent (10.3%) of all gross receipts received from the storage of boats on racks; (e) Five percent (57) of all gross receipts received from minor boat repairs. MINIMUM ANNUAL GUARANTEE Twelve Thousand Dollars ($12,000.00) per year for each year of the term of this Agreement. THIS ADDENDUM shall be deemed to add certain terms and conditions to the Concession Agreement and shall not be deemed to be repealed, amended, or modified in any manner whatsoever except as hereinabove specifically pro- vided. IN WITNESS WHEREOF, the parties hereto have individually and through their proper corporate officials executed this ADDENDUM this day of , 1980. ATTEST: CITY CLERK ATTEST: SECRETARY (SEAL) APPROVED AS TO FORM AND CO GEORGE F. KNOK, JR. CITY ATTORNEY THE CITY OF MIAMI, a municipal corporation of the State of Florida By CITY MANAGER MARINE STADIUM ENTERPRISES, INC. By PRESIDENT 80-3 04