HomeMy WebLinkAboutExhibit 1"FIRST AMENDMENT TO THE CONCESSION AGREEMENT ISSUED BY
THE CITY OF MIAl1II ("CITY") TO KARLEN FOODS, INC. (d/b/a Tropics
Caterine) FOR FOOD & BEVERAGE SERVICESAT THE MIAIIII RIVERSIDE
CENTER ("MRC") 444 SW 2nd AV, MIAMI, FL
This First Amendment ("First Amendment") to the Concession Agreement for "quality
food and beverage service" through the concession operations at the City of Miami
Riverside Center Cafeteria between Karlen Foods, Inc. (d/b/a Tropics Catering) ( "the
Concessionaire") and the City of Miami, a Florida municipal corporation, ( "City") dated
August 27, 2007, which is deemed as being incorporated by reference as if set for in full
herein, is entered into this day of , 2009, by and between the City
and the Concessionaire, and the for the purpose of amending this Concession as set forth
herein.
RECITALS:
WHEREAS, the City and the Concessionaire entered into the Concession
Agreement for the fi-fishing of quality food and beverage services at the City of Miami
Riverside Center Cafeteria; and
WHEREAS, the City has approached the Concessionaire and has requested the
Concessionaire's concurrence to the occurrence of Project Search a beneficial , public
municipal parks program in a certain portion of the cafeteria described in the attached
Composite Exhibit A -1 on the terms provided in this First Amendment and
NOW THEREFORE, in consideration of the foregoing and of the mutual
agreements and covenants of the parties as set forth in the Contract, the City and the
Concessionaire agree to amend the Concession Agreement as follows:
1- Article II, General Description of Concession, is amended by a new
subsection 2.14 which provides:
2.14 PROJECT SEARCH PROGRAM
Notwithstanding anything else to the expressly or impliedly contrary in this
Article, or in this Concession Agreement, the Concessionaire and the City
agree that Project Search will be allowed to conduct its program as described
herein in the area ("Described Area") of the cafeteria depicted on Composite
Exhibit A-1 to this First Amendment between the hours of 7:30 a.m. to 3:30
p.m. Monday through Friday providing that:
i. Project Search and its agents , guests, and invitees , as well as City
employees and agents involved in this Program, and no other business
or legal entity will occupy the space during such time;
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ii. The Described Area if not used during these times identified above in
this section as provided in this First Amendment may continue to be
used by the Concessionaire;
ill. Project Search will not operate in the Designated Area during holidays
or on days that the cafeteria is closed ;
iv. Project Search will not operate in the Designated Area outside of the
hours provided for in this section without the prior written of the
Concessionaire;
V. Project Search will provide its own garbage collection and recycling,
as well as maintain its Designated Area in as good a condition as it is
currently is in .Concessionaire is not expected nor obliged to clean up
or maintain the Designated Area for Project Search
2- INDEMNIFICATION 7.12 : Section 7.2 of the Concession Agreement is
hereby amended to add the following wording to the end of this section:
This Indemnification section shall not however apply to actions or omissions
of Project Search as provided in this First Amendment. Concessionaire has no
duty or obligation to indemnify, protect or defend the City or Project Search
harmless from and agaisnt any claims, liabilities , penalties, forfeitures, losses
or expenses arising out of the acts or omissions of Project Search in the
Designated Area.
3. Except as specifically provided herein, all of the terms and provisions of the Concession
Agreement shall remain in full operative force and effect.
CITY OF MIAMI
Pete Hernandez, P.E.
City Manager
CONCESSIONAIRE
Date l Date
Karl Allen, President
Karlen Foods, "Inc.
Attest: Attest:
Date Date �1 71
Priscilla Thompson P Co ra4eec�retary
City Clerk (AFFIX CORPORATE SEAL)
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APPROVED AS TO LEGAL FORM
REQUIREMENT
AND CORRECTNESS:
Date
Julie O. Bru
City Attorney
INSURANCE
APPROVED:
Date_
Lee Ann Brehm
Director of Risk Management
This First Amendment is subject to the approval of the City Commission.
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COMPOSITE EXHIBIT"A-1"
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