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City of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.ci.miami.fl.us
File Number: 06-01113 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE
CONCESSION AGREEMENT FOR THE ORANGE BOWL, IN SUBSTANTIALLY
THE ATTACHED FORM, ENTERED INTO BETWEEN THE CITY OF MIAMI
("CITY") AND BOSTON CULINARY GROUP, INC., A WISCONSIN FOR PROFIT
CORPORATION, ON AUGUST 16, 2003, TO PROVIDE FOR A REDUCTION OF
THE PERCENTAGE FEE ON ALCOHOLIC BEVERAGE SALES UP TO $2.6
MILLION, FROM FIFTY PERCENT (50°/a) TO FORTY-FOUR PERCENT (44%),
FOR A ONE-YEAR PERIOD, COMMENCING AUGUST 16, 2006 AND EXPIRING
AUGUST 15, 2007, WHILE MAINTAINING THE MINIMUM GUARANTEE
REQUIREMENTS; PROVIDING FOR THE CITY'S RIGHT TO TERMINATE SAID
AGREEMENT FOR CONVENIENCE UPON PROVIDING NINETY (90) DAYS
PRIOR WRITTEN NOTICE.
WHEREAS, the City of Miami ("City") entered into an Agreement with Boston Culinary Group, Inc.
(Concessionaire"), on August 16, 2003, for the concessionaire services at the Orange Bowl Stadium;
and
WHEREAS, ongoing capital renovations and repairs from last year's hurricane season have
impacted the number of events occurring at the Orange Bowl; and
WHEREAS, the Concessionaire has requested a reduction in the percentage fee on alcoholic
beverage sales up to $2.6 million, from fifty percent (50%) to forty-four percent (44%), for a one-year
period, while maintaining the minimum guarantee requirements;
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 adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. The City Manager is authorized(1) execute an Amendment to the Concession
Agreement for the Orange Bowl, in substantially the attached form, entered into between the City and
the Concessionaire, a Wisconsin for profit corporation, on August 16, 2003, to provide for a reduction
of the percentage fee on alcoholic beverage sales up to $2.6 million, from fifty percent (50%) to
forty-four percent (44%), for a one-year period, commencing August 16, 2006 and expiring August 15,
2007, while maintaining the minimum guarantee requirements, and to provide for the City's right to
terminate said Agreement for convenience upon providing ninety (90) days prior written notice.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.(2)
City of Miami Page .1 of 2 Printed On: 6/23/2006
File Number: 06-01113
APPROVED AS TO FORM AND CORRECTNESS:-
JORGE L. ' - ` ' NOEL rag....."
CITY ATTO ' NEY
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 Printed On: 6/21/2006