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Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 04-01104 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 3, IN
SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND
TERREMARKAT DINNER KEY, INC., TO PROVIDE RESTAURANT AND
CONCESSION SERVICES AT THE COCONUT GROVE CONVENTION CENTER;
AND APPROVING AN EXTENSION TO THE ORIGINAL AGREEMENT ENTERED
INTO ON SEPTEMBER 25, 1979, ON A MONTH -TO -MONTH BASIS, FORA TERM
NOT TO BE EXTENDED BEYOND SEPTEMBER 30, 2005.
WHEREAS, the City of Miami ("City") entered into an Agreement with Terremark at Dinner Key,
Inc. (Concessionaire"), on September 25, 1979, for the operation of a restaurant and concession
stands ("Services") at the Coconut Grove Convention Center ("Center"); and
WHEREAS, the original term of the Agreement was from October 1, 1979 to September 30, 1989,
with three options to renew for a five-year term each; and
WHEREAS, Resolution No. 86-772, adopted November 26, 1986, authorized the City Manager to
execute Amendment No. 1 to the Agreement consenting to the assignment of the Agreement from
Jerry's Inc. to Concessionaire, amending the date terminating the Agreement from September 30,
1989, to September 30, 2004, and amending other provisions of the Agreement; and
WHEREAS, the City Commission, pursuant to Resolution No. 89-812, adopted September 14,
1989, authorized the City Manager to execute Amendment No. 2 to the Agreement amending
additional provisions of the Agreement; and
WHEREAS, the term of this Agreement expires on September 30, 2004; and
WHEREAS, currently, the City is in the process of evaluating the future use for the Center, yet it
plans to continue to schedule events at the Center until the future of the Center is determined; and
WHEREAS, during this period the City remains in need of a company to provide concession
services; and
WHEREAS, the current Concessionaire is willing to provide such Services, subject to the terms
and conditions contained in the third amendment to the Agreement and both parties agree to extend
the Agreement subject to the current terms and conditions; and
WHEREAS, the City and said Concessionaire agree with the conditions set forth in Amendment
No. 3 to the Agreement;
NOW THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
City of Miami Page 1 of 2 File Id: 04-01104 (Version: 11 Printed On: 7/9/2024
File Number: 04-01104
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. The City Manager is authorized{1} to execute Amendment No. 3, in substantially the
attached form, to the Agreement between the City and the Concessionaire, to provide restaurant and
concession services at the Center, and the extension to the original Agreement entered into on
September 25, 1979, on a month -to -month basis, for a term not to be extended beyond September
30, 2005, is approved.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
APPROVED AS TO FORM AND CORRECTNESS:
JORGE L. FERNANDEZ
CITY ATTORNEY
Footnotes:
{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} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar
days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 2 File Id: 04-01104 (Version: 11 Printed On: 7/9/2024