HomeMy WebLinkAboutR-78-0350"SUPPORTIVE
DOC U
FOLLOW"
RESOLUTION NO. 78-550
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO EXECUTE AN AGREEMENT WITH MARINE STADIUM
ENTERPRISES, INC. FOR THE OPERATION OF THE
FOOD, BEVERAGE, NOVELTY, TOBACCO AND FISHING
AND BOATING SUPPLY CONCESSION AT THE COMMODORE
RALPH MUNROE MARINE STADIUM IN ACCORDANCE WITH
THE TERMS AND CONDITIONS AS SET FORTH IN THE
ATTACHED AGREEMENT, PROVIDED THAT THERE BE NO
SALE, DISPENSING OR CONSUMPTION OF ALCOHOLIC
BEVERAGES AT "ROCK" CONCERTS OR HIGH SCHOOL
EVENTS.
WHEREAS, on May 12, 1977 the City Commission passed
and adopted Resolution No. 77-408 accepting the bid of Marine
Stadium Enterprises, Inc., for the operation of the food,
beverage, novelty, tobacco and fishing and boating supply
concession at the Commodore Ralph Munroe Marine Stadium; and
WHEREAS, a mutually acceptable agreement has been
negotiated;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF
THE CITY OF MIAMI, FLORIDA:
Section 1 The City Manager is hereby authorized
to execute an agreement with Marine Stadium Enterprises, Inc.,
for the operation of the food, beverage, novelty, tobacco and
fishing and boating supply concession at the Commodore Ralph
Munroe Marine Stadium in accordance with the terms and condi-
tions as set forth in the attached agreement, and upon the
following condition and limitation:
No beer and/or malt beverages or any other alcoholic
or intoxicating beverages as defined in Section 561.01
Florida Statutes may be sold, dispensed, or consumed
(i) before, during, or after any high school event
(ii) before, during, or after any musical event of the
type which historically requires extraordinary security
measures, based upon prudent police protection, such
event being commonly referred to as a "Rock Concert".
PASSED AND ADOPTED this 19th day of May, 1978.
C32
RA. H G. ONGIE, CITY CLERK
PR
ARED AND APPROVED BY:
KOBERT F . CLA.^K
ASSISTANT CITY ATTORflJY
MAURICE A. FERRE
MAYOR
"DOCU.MENT INDEX
ITEM NO. "
APP + D AS TO FORM AND C,C- RECTNESS :
7 kr f
Joseph R. Grassie
City Manager
Iennin, Director
St : diiJms & M,�inas Department
May 10; 1978
Execution of agreement for
Marine Stadium Concession
1 Memo to Law Department
2 Copy of draft agreement
3 Copy of draft Resolution
The City Commission passed and adopted Resolution 77-408
accepting the bid of Marine Stadium Enterprises, Inc. for
the operation of the food, beverage, novelty, tobacco and
fishing and boating supply concession at the Commodore Ralph
Munroe Marine Stadium, and authorizing the City Manager to
prepare the Concession Agreement for the execution between
the City and Marine Stadium Enterprises, Inc.
The term of the attached agreement stipulates that it shall
be for five (5) years with an option to extend, provided
the vendor meets certain conditions as contained in paragraph
4 of the agreement, such as the expenditure of at least
fifteen thousand dollars during the first year for improvements
to the existing facilities. The concessionaire also agrees to
pay a minimun annual guarantee of twelve thousand dollars
(approximately double the amount paid to the City by the
previous concessionaire) or thirty three point four (33.40)
per cent of gross receipts from the grandstand operation and
ten point three (10.3) per cent of all other revenues
generated by the concessionaire, whichever is greater.
The Department of Stadiums & Marinas recommends the adoption
of the attached Resolution authorizing the City Manager to
execute the attached agreement between the City and Marine
Stadium Enterprises, Inc.
cc. Law Department
"SUPPORTIVE
DOCUMENTS
FCLLOW"
aEtt-
Mft
M
w
Joseph R. Grassie
City Manager
Jennin s, Director
St_ 1 ms & M.rings Department
April 27, 1978
Execution of agreement for
Marine Stadium Concession
(1) Memo to Law Department
(2) Copy of draft agreement
(3) Copy of draft Resolution
On May 12, 1977 the City Commission passed and adopted
Resolution 77-408 accepting the bid of Marine Stadium
Enterprises, Inc. for the operation of the food, beverage,
novelty, tobacco and fishing and boating supply concession
at the Commodore Ralph Munroe Marine Stadium, and authorizing
the City Manager to prepare a Concession Agreement for execution
between the City and Marine Stadium Enterprises, Inc.
The Department of Stadiums & Marinas recommends the adoption
of the attached Resolution authorizing the City Manager to
execute the attached ap:reement between the City and Marine
Stadium Enterprises, Inc.
cc. Law Department
_m==_
mw
me
EMIL
MAW
a
M
MEW
MEM
mmm
MED
MEE
MMMW
MMW
MEW
MMW
' 4
CITY OF MIAMI
AND
MARINE STADIUM ENTERPRISES, INC.
CONCESSION AGREEMENT
COMMODORE RALPH MUNROE MARINE STADIUM
MEM
MOM
EMM
111111M-
MEW
WMW
SEE
CONCESSION AdAttMENT
1NDtk
P ac e
1. DESCRIPTION OF PREMISES 1
2. USE OF PREMISES 2
3. RESTRICTIONS ON USE OF PREMISES 3
4. TERM 4
5. CONSIDERATION 5
6. GROSS RECEIPTS 6
7. ACCOUNTING 6
8. AUDIT 7
9. STANDARDS OF FOOD & BEVERAGES 7
10. ITEMS NOT TO BE SOLD 8
11. STANDARDS FOR SALE METHODS 8
12. OPERATING PROCEDURES 10
13. APPROVAL OF STANDARDS OF OPERATION 12
14. ALCOHOLIC BEVERAGES 13
15. NOVELTIES AND SEAT CUSHIONS 14
16. REAL IMPROVEMENTS BY OPERATOR 14
17. REPAIRS & MAINTENANCE 16
18. INSPECTION OF PREMISES 17
19. LICENSES AND LAWS 17
20. PENALTY FOR VIOLATION OF RULES AND REGULATIONS 17
21. TAXES 17
18
19
19
20
20
PROVISION 21
22. UTILITIES
23. INSURANCE
24. STRUCTURAL AND CONTENT INSURANCE
25. DESTRUCTION
26. RISK OF LOSS
27. MOLD HARMLESS
23, DEFAULT
29. CANCELLATION F3Y CITY
30, JTTORNEY'S FRLS
31, SURRENDER OF PREMISS
21
22
2
23
32. ASSIGNMENT
33. BINDING ON SUCCESSORS
34. WAIVER
35. CAPTIONS
36. ? ERrORMANCE BOND
37. SIGNS
38. WRITTEN NOTICES
23
23
23
24
24
24
24
EXHIBIT A (SURVEY)
EXHIBIT B (SITE PLAN)
Schedule A (Inventory of Concession Equipment)
M
CO=Es tC
This Concession Agreement, made and entered into
this day of
1978, by and bet4teen the
City of Miami, a municipal corporation of the State of Florida,
hereinafter referred bo as the "City", and Marine Stadium
Enterprises, Inc., a Florida corporation, hereinafter referred
to as the "Operator".
WITNESS E ': Fit
WHEREAS, on May 12, 1977 the City Commission passed
and adopted Resolution 77-408 accepting the bid of Marine
Stadium Enterprises, Inc. for the operation of the food, bev-
erage, novelty, tobacco and fishing and boating supply con-
cessions at the Commodore Ralph Munroe Marine Stadium, and
authorizing the City Manager to prepare a Concession Agreement
for execution between the City and Marine Stadium Enterprises,
Inc., and
WHEREAS, in its presentation to the City Commission,
Marine Stadium Enterprises, Inc. agreed to expend efforts and
money to encourage greater public utilization of the premises
described below; and
WHEREAS, on , 1978 the City Commission
adopted Resolution authorizing the City Manager to
execute this Concession Agreement,
NOW THEREFORE, the parties do hereby covenant and
agree as follows:
PTON t, R MI3E3
1. DESCR IO � 0. P ,......,,..,,
The City hereby grants the Operator and the Operator
hereby accepts from the City, exclusive operating privileges
on certain real property located at the City or Miami Commodore
Whioh prohibition shall not be unreasonably exercised), tobacco,
novelties, and inoidental fishing and boating supplies;
(b) to store boats on trailers;
(c) to operate the boat hoist and to chaege a
reasonable fee for the said use, subject to the re; to i.ctions of
Paragraph 3. The launching ramp shall be free to the public
and shall be maintained in a safe and operable condition by
the City.
(d) such other purposes not specifically included
herein as may be necessary or desirable upon written approval
of the City Manager or his designated representative, which
approval shall not be unreasonably withheld.
The Operator agrees that there shall be no discrimina-
tion as to sex, race, creed, color or national origin in
connection with the use, service, maintenance, or operation
of the described premises, and that all facilities located on
said premises shall be made available to the public, subject
to the right of the Operator to establish and enforce rules
and regulations to provide for the orderly operation and security
of said facilities.
3. RESTRICTIONS ON USE OF PREMISMS
On those days when a recognized marine racing
association or organized group has contracted for the Marine
S'6adiun and the boat pit area, or when the boat pit area is
required by the City for the set up or breakdown of its buoy
marker system for marine races, the ramp and boat hoist and
t-at portion of the property in Area 1-C as indicated in a
shaded ;manner on Exhibit ii-n shall be made available to the
association, organized group, or the City without c;large by
the Operator, Only an agent or employee of the Operator sha:l
operate the boat hoist.
T he
shaded area so designated on Exhibit "3" in
No, 1-C sha11 be made ava .1a ie for the exclusive use o
Gi1e or ;an .zed 3roup or s,ssoGiat on on these specified days
«. 3 -
This Concession Agreement, trade and entered into
this day of , 1978) by and between the
City of Miami, a municipal corporation of the State of Florida,
hereinafter referred to as the "City", and Marine Stadium
Enterprises, Inc., a Florida corporation, hereinafter referred
to as the "Operator".
i1 1 T N E S S E T H
WHEREAS, on May 12, 1977 the City Commission passed
and adopted Resolution 77•-4O8 accepting the bid of ?Marine
.Stadium Enterprises, Inc. for the operation of the food, bev-
erage, novelty, tobacco and fishing and boating supply con-
cessions a;. the Commodore Ralph Munroe Marine Stadium, and
authorizing the City Manager to prepare a Concession Agreement
for execution between the City and Marine Stadium Enterprises,
Inc., and
WHEREAS, in its presentation to the City Commission,
Marine Stadium Enterprises, Inc. agreed to expend efforts and
money to encourage greater public utilization of the premises
described below; and
WHEREAS, on
157E the City Commission
MEW
MEW
BMW
MEW
P
meg
maT
BE
ME
MEM
MBE
mw
EW
mw
Mre
adopted Resolution authorizing the City Manager to IBM
execute this Concession Agreement,
NOW THEREFORE, the parties do hereby covenant and
agree as follows:
WPM
1. DESCRIPTION OF PRE:.:ISES
The City hereby grants the Operator and the Operator
hereby accepts from the City, exclusive operating privileges
on certain real property located at the City of Miami Cor modo.1e
Ralph Munroe Marine Stadium, Virginia Key) MiaM s ii..orida
shown on Exhibit "A" (Survey) and Exhibit "B" (Site ?lan),
attached hereto and made a part of this Concession AE:r ement
The areas designated on Exhibits "A" and "3" shall
include:
(a) the Main Concession Started and the two adjacent
storage areas on the mezzanine level of the Grandstand;
(b) the Novelty Concession Area on the ground level
in front of the main entrance to the Grandstand, which location
will be specifically delineated by the manager of the Marine
Stadium, on a reasonable site in order to facilitate the public
and the Operator.
(c) the Annex Building located in the boat pit area;
(located in Area 1-C on Exhibits "A" and "a" )
(d) the boat hoist; (located in Area 1-C on Exhibits
"A" and "b") .
I,
(e) an area to be utilized for the storage of
trailered boats; (designated as Area 1-A on Exhibits "A" and
"d")
i
( • )
i
adjacent areas as indicated on Exhibits "A"
and "E" as areas 1-3 and 1-C .to be used by the Operator for
parking, outdoor eating and for general purposes of its
operations.
Area 1-C is subject to the restrictions of Paragraph 3.
2. USE OF PREMISES
The Operator shall have the following exclusive
rights in the Marine Stadium areas described in Paragraph 1
above:
(a) to sell food, beverages (including beer in the
Gra datand and beer and wine in the Boat Pit area, if not
3peci 3.oal y prohibited by the City for a particular event,
1
whi.eh prohibition shall not be unreasonably ekercised), tobacco,
loVeLtiess and incidental fishing and boating supplies;
6b) to store boats en trailers,
(c) to operate the boat hoist and to charge a
reasonable Pee for the said use, subject to the restrictions of
Paragraph 3. The launching ramp shall be free to the public
and shail be maintained in a safe and operable condition by
the City.
(d) such other purposes not specifically included
heroin as may be necessary or desirable upon Written approval
of the City Manager Or his designated representative, which
approval shall not be unreasonably withheld.
The Operator agrees that there shall be no discrimina-
tion as to sex, race, creed, color or national origin in
connection with the use, service, maintenance, or operation
of the described premises, and that all facilities located on
said premises shall be made available to the public, subject
to the right of the Operator to establish and enforce rules
and regulations to provide for the orderly operation and security
of said facilities.
3. RESTRICTIONS ON USE OF PREMISES
On those days when a recognized marine racing
association or organized group has contracted for the Marine
Stadium and the boat pit area, or when the boat pit area is
required by the City for the set up or breakdown of its buoy
starker system for marine races, the ramp and boat hoist and
that portion of the property in Area 1-C as indicated in a
shaded manner on Exhibit "3" shall be made available to the
association, organized group, or the City without charge by
the Operator. Only an agent or employee of the Operator shall
operate the boat hoist.
The shaded area so designated on Exhibit "3" in * a cei
No. l-C shall be made available for the exclusive u e of
the organized &coup or association on these Speoi+ ed days
when racing events or racing trials are to take place; however,
boats stored in the trailered area may be launched at the
ramp or by the boat hoist with the permission of said organized
group, association, or the City, which permission can be denied
if such a launching would interfere with the activities of
the scheduled events.
This restriction may also be on specific days when
the Marine Stadium grandstand and/or floating stage Ls used
for a musical concert, stage production or similar activity,
if it is determined that said use will interfere with the
scheduled use of the Marine Stadium grandstand and/or floating
stage.
4. TERM
The tern of this Concession Agree<<:ent_ shall be for
a period of five (5) years commencing on the da..
, 1978, and terminating on the day
, 1983. The City may at the termination c= the
hereof readvertisc fcr cc— bide_: ,-a
Agreement, or, in lieu of reb :: , at
the City may agree to an e:•:ten _ ._cn of the _ __ m
following conditions:
Operator has demonstrated to tra C- v his ca- -
bi.lities to operate and maintain facilities _..
an exemplary manner; and
b The revenues to the City have been consisten: ly
increasing and the minimums have been exceeded;
and
All real improvements described in paragraph 16
herein below have been cotnpleted by the Operator
and in place for at least one year; and
The Operator shall be obligated to make certain
mutually agreed -upon additional capitalexpen-
ditures to Improve the above described premises; and
five-year term
new Concession
time or prior,
based upon the
a)
c)
• 1
e A11 terms, conditions, considerations and
agreements with reference to a`l exi ensiOrl of
the tertn in lieu of rebidding have been agreed
to by both parties.
If all of the above conditions exist, the City and
the Operator may negotiate for an extension of the term, pro-
vided that any such extension shall not be less than the amount
of those considerations enumerated in paragraph five (5) herein
below.,
5. CONSiD: FATIQN
As payment for the right to exercise certain conceu-
sio►► privileges on the described premises iises throughout the term
of this Concession Agreement, the Operator hereby agrees
to
pay the City a percentage of the gross receipts derived from
its operations, or a mininu;rl annual guarantee, whichever amount
is greater as follows:
?ercentae of Grose Receipts
(a) Thirty-three point four (33.4 ) percent of all
gross receipts fro.. the Grandstand operation, including
sales in the Grandstand, the mezzanine food and beverage
concession and the sale of novelties in the entrance area.
(b)
Ten point; three . (10.35) percent of all gross
receipts received from 1 the food and beverage concession opera-
tion ir. the Annex Building located in the boat pit area.
(c) Ten point three (13.35) percent of the revenue
for the storage of boats on trailers, fees for the use of the
bout hoist, and any other revenues generated by the Opelratort`.,
business activities on the described premises not covered in
O ar.d
above.
��i nl Annual r' 4
1� .F.n li1 lA.1♦ lia ... �. c.. 1. li a..1a ,;.in vl. :..
Twelve Thousand Dollars ( l2 , OOO.00) per year for
eac:. year of the term of t1useemen ,
IiIIIIIMII IPiIi NIONJ
Tr
qIli enti,.
Within fifteen (15) day;; after the end of each term
year of thi:i Agreement, the Operator shall pay to the City
the amount, if any, by Which the payments made on a monthly
basis (as described in Paragraph 7 below) were .Less than the
minimum annual guarantee for ttiat year as enumerated aooVe
i►1 this Paragraph.
The term "gross receipts" shall be interchangeable
with "gross sales" and shall mean the aggregate of the gross
sa.LC.J or gross volume of business done on the described premises
whether or not collected. Gross receipts shall not include the
following:
._ • t 1 3.
(a) gratuities to the Operator's etitplGyt.e�,
(b) sales or excise taxes Collected by the Cper ato
from customers, which are required by law to be
remitted to a taxing authority.
7. ACCO ING
On or before the 15th day of each month, beginning
with the second month of this Concession Agreement and continuing
during the effective period hereof, the Operator shall file at
the office designated by the City, a statement in certificate
form signed by a duly authorized Officer of the Operator, setting
forth in such detail as the City shall prescribe, the amounts of
gross receipts as defined in Paragraph 6 above, which were derived
by the Operator during the immediately preceding month, and
• ,�.... .� ` A� J l{ .g. � s s t s 1 ` f t '..
i:; lt��e...i.t Ill. otiS i,� .V 1.t r� tf'l t. 1.,...�riV Gi. utgc t'1 Uttx l+e. fiient Jf.a.�i pU,� v0 ✓.+lr
City the percentage amounts due, as described in Paragraph 5 above.
This monthly
report shall G1.S tfy(,yw7lon between those Sa:�>r) .i.,
(a) the conceNsions 4.n the Grandstand area (33. 4of gr o;i;:;) ;
Co) t o ttnnex bui .ciir,, corcess4.or. acti.vit+.e (10.3r, o} tJro�j
and (0) to Q 00Qat Stor a,;i; area, oink and all other sago:
V.;�N 404 +Oa
) not covered in (a) and (b) above,
1
8 . AUDIT
The Operator shall, upon reasonable asonable demand i make
available to authorizes repro ientat ive° of the City, the
financial records pertaining to the operation and income of
the Concessions described in this Agreement in order for the
City to ascertain the gross r eVerues of said operations.
The City shall
Ca1l have the option to audit the purchasesof merchandise in any reasonable manner in order to determine
gross Dales, including the right to check all merchandise before
the opening of the concession stand and after the closir.f; of
mild concession stand, provided, however, that such checkin;
shall be cone iri a reasor;a•o..e manner and in ouch a way as to
not impede the operations of the concession. The delivery
Glip;:, on all merchandise deliveries shall be available to the
City for examination.
9 STANDARDS FOR FOOD & BEV2RAGES
The Operator shall abide by all pure .foot and sani-
tary laws pertaining; to its operation, and in addition, shall
comply ;•rite. the following:
(a) fresh bread, buns and rolls shall be used
for all sandwiches, hamburgers and hot dogs.
(o) condiments such as catsup, mustard, relish,
♦.•i. r a
mayonnaise, salt, pepper, Sugar and coffee cream (or powdered
substitute) shall be provided for customer use.
(C) disposable supplies such as .napkins, toothpicks,
straws, spoons, forks and knives shah be provided for customer
use. The Operator will use only paper or plastic for cues,
bowls and plates, and only plastic for forks, knives and s pou4z .
IPF
MW
M*
M
MR
a
Mg
MOW
(d) hot dogs shall be all .beef, and ground hamburger
meat shall be from U.S. C ioide beef cuts With a fat content of
20% minimum to 25% maximum, and should Contain n0 fillets othe
than the fat in the heat,
(0)
ice Cream serVed in whateVer form ahal1 contain
9% to 11 , butterfat, ice milk, if served, shall be clearly
indicated as such.
(i:) the ice content in each drink served shall not
be more than 30% ice in cups for 7 oz. drinks and not more
than 50% in cups for 12 o::. or i4 o::. drinks.
The above stated standards co not lim
it the menu but
are to serve notice of standards for any such items when solo.
ie 1G anticipated that the Operator will expand and/or vary
the menu, especially at the Annex Building in the boat pit area.
10 . ITEns NOT TO 3., SOLO
Operator sully understands and agrees that the fol-
lowing items of food will not be sold to the public during
the term of this Concession Agreement:
Clewing gum, taffy, taffy apples, peanuts in shells
and cotton candy.
Operator further understands and agrees that no g, aso-
line, kerosene, diesel fuel or other CoMbustible propellants
may be sold.
11. STANDARDS FOR SALE :=1:O..S
The Operator shall comply with the following:
(a) The containers used by employees of the Opera-
tor to carry wares in the Grandstand shall be solid (no;: wire)
and of such size as to not interfere with the suatec cu;,tV.11e s.
(b) At the Mezzanine Level Food Concession of the
Grandstand, beverages s:4a11 be dispensed in paper or pla t c
cups, and net in bottles or ca:15,
.n the Grandstand, bVerages shall be sold in pape
oL plastic cups.
In the Boat Pit area, beverages may be sold in paper
or plastic containers or in cans, but not in glass.
(c) At no time shall employees of the Operator
obstruct the View of any spectator during a performance, ;;or
shall employees carry articles for sale above their heads in
such a way as to block the view of the spectators.
(d) The employees of the Operator shall not vend
in the Grandstand while an actual performance is in progress
on the floating stage (i.e. while the orchestra is playing) .
(c) The Operator shall keep on hand a sufficient
supply of merchandise and commodities to adequately serve the
public.
(f) The Operator shall provide and post at the
Grandstand concession adequate signs to show the prices of
all edible commodities.
(g) All employees of the Operator
who
come
contact with the public shall be literate, neat, clean and
courteous, and shall be identifiable as employees of the
Operator, either by uniform pr with a name button.
(h) Each employee of the Operator who sells ir.
the Grandstand shall weer: a headdress with a Marker in plain
view indicating the particular commodity and its price, that
is being sold by the employee.
(i) The Operator shall not permit its employees in
the Grandstand area to accept gratuities or tips, and shall
post a sign to this effect on the container used to carry the
wares. Txu.s restriction shall not apply to the boat pit azoa,
and employees in that area shall be permitted to accept g;: a-
tUities.
1. 9 r_
i2i V1 �.�1l ll`+li Pa CiC ui:;$
The Operator and the City covenant as oll.oWS:
(a) the deadline for ail normal deliVerics to
operate the tho i ud conCessior4s in the Grandstand area
shall be at least three hours prior to the Grandstand events.
The City shall proviso as ccS5 to the Grandstand building to
the Opozai:Or for the purpose of delivery vehicles bringing in
necessary supplies and equipment to the concession area during
reasoriablc hours.
(b) The City shall make available to the Operator
20 parking places for the Operator's employees, and he Director
of the :Saline .Stadium shall provide for the method of allowing
the Operator's employees to enter the Marine Stadium grounds.
(c) The Operator shall operate the concessions in
the Grandstand area every day of each event booked in the
Marine Stadium by the City of Miami, including such events
held solely by the City of Miami. The hours of operation of
the concessions in
the Grandstand
area
shall be
governed by
the hours that the Marine Stadium is open.
(d) The Food and Beverage Concession at the Annex
Building in the Boat Pit Area shall be open every day unless
authorized by the City Manager, and there shall be an atten-
dant on duty to service the boats stored in the trailer lot
and to operate the boat hoist, subject to the provisions of
Paragraph 3 hereinabove.
(e) in the Grandstand, the City shall restrict
the consumption of food and beverages to those com ► odities
sold by the Operator, and shall post signs to that effect.
In Areas 1-e1, 1-5 and 1.-C, particularly the Boat
': it t► 70a, ► he Operator shall have the right to restrict the
cGi►:i:,ir.3ptioi'i of food and .:ieveracea in that area to those
commodities sold by the Operator. The Operator shall not
yestr:i.ct the cons1'upt: on o food ai.Cc beverages by the public
w.'i the area outside the .c;eserbee.; 3t:Mr along
(f) The Operator shall provide adequate jana toiria
selrVice te Maintain the described premises in an attraetiVe,
Clean and sanitary Condition, at its sole cost and oXpe ;se,
and in the manner consistent With or demanded by all dealt h
Department and Pure ;toad Examiners, and Will keep t e premises
at all reasonable tildes, open for proper inspection by any
other agency having jurisdiction thereof, The Operator shall
not be responsible for janitorial serVicc to the public area
of the Grandstand itself or the public parking areas not
included in the premises described in Paragraph one (1) above.
On days when an event or activity is scheduled ::or
he boat pit area, indicated as Area .1-C on Exhibits "A" and:
:,
the Operator shall not
i:Je
required to
clean
Said
premises,
the Annex Building and adjacent contiguous area as well as the
area set aside for outdoor eating excepted, and at the con-
clusion of each such scheduled event or activity, the boat Lei
area and its adjacent contiguous shoreline and water area, less
above noted excepted areas, shall be returned to the Operator
in a clean and sanitary condition.
(g) The Operator shall be responsible ::or the con-
trol o. of vermin and pests in those areas where its food 1.
stored, prepared or dispensed, specifically the rood Concession
On the i•:czzar.ine Level of the Grandstand and the .00d Concession
Building of the Goat Pit Area.
(h)
The Operator shall provide, at its sole cost
and expense, a sufficient number of trash and garbages recep-
tacles for its own use within the premises described in Para-
graph 1 above, and for the use of the. public in the Boat Pit
I:rea (indicated as Area 1-C on Exhibits "A" and "L") . The
Operator shall not allow trash and garbage to accur mate a::d
shall be responsible for , fie collecting of same and p ace On ;
in a standard si a receptacle So as facilitate trash pic.,.„)
by the City.
}
(1) The City ohall provide at ito oole coot arc
expense:, ouch rtepairs and maintenance ce to the Marine Stadium
m
structure as is neCcssary to maintain the Graridotanc Concession
premises in a condition oultable for the purpose's contemplated
in this Agreement, HoweVtir i nothing in this paragraph shall
relieve the Operator of 1t,U ob11a;;io to repair arci maintain
as described in Paragraph 1+ here:Lrtbl:...oii a
( 1 ) T t. Y, r . - J . _
t/ !lest rOOi���i iii t,llP. l "G1: rest shall oe
available to the general a1 public during the GOui''S that the
C'ooc Concession is open for business, and the janitorial oervice
and ainten ance.' of t.aL'ou facilities ohall be the . esponoibililIj
J
'7'7- ^zr• 7 STr .-�,. t: O ?7 , f'tI '
:t♦ .•:V :,;mot :.+.�. ,., .~:i%U G.. �.. .:, .. .AL.
Prior to commencing operations under life terms of
_ City
t,.i3 Conceosiorl Agreement, the City, acting t. rothe
ue City
•" "l i 'f J ... > .� r 7 t a_ t> ^ d v. r t J .�
Manager or a designated I gip. t:5er►t.at.it L, shall approve in writing
the n ollo..ing:
(a) The list of food and beverage items to be sold
from the Grandstand Mezzanine and in the Grandstand;
(b) the list of novelty items to be sold in the
entrance area on the ground level of the Grandstand;
(C)
The -list ^iJ vt of food, beverage and fishing and boating
supplies to be sold ir. the Boat Pit Area Concession Stand (Annex
Building);
(d) Signs to be posted On the premises.
(e) Fee charged for the use of the boat hoist.
Changes in these items Stall be only with the written
approval of the City Manager er or a designated representative,
and such u7pl'OVr1.J. shall not be urart:u..0►.agiy withheld; iaOt•il:Vt,';0,
the r .: .•y. '„.� pit area,
and tr t y
r♦ Nail. Annex Building +►a 4♦at. boat p.L4 c.. LCL, �1.p1.. iritl;:lJ li Lit l0.•
a.
"''' n not more than a 60 clay period
with the menu is permitted N N4('a + Or "or t„'
4; V• 4•• co1f4mt%nGt.:rl►t+nt/ or rood ser J ' ~ = ' ,► V.l.l.t: upl;i^at,on� � w..ti.o�.iv
•i; ±.ti.en approval.
r �
(i)
The City shall ►1J 0 Elul. at Its soli: cOst and
expense, SUch repairrs and maintenance ce tO the it ' t ' '" ' ' ' 3rl!"il:' Sbi:tCi siiiii
stiiu tUre as is necessary to maintain the Grandstand coneessici1
premises in a condition suitable for the purposes corite pa.ateu
in this Agreement. However, nothing it this paragraph shall
relieve the Opera.tOr of Its obi ai.i0ns to repair and iia .i:ta.i.ti
as described in ?araG.'ap; 17 'r.ere...i.vc'.i.oi•;.
(J) i_• - i -_
t�k'Ut. i O0i�,:, in the Annex i�l,iill�ll.� shall be
available tO the L;l':ner a . public Guririu the hours that t - e
Food Concession is open for business, and the janitorial service
anc iiiaintoiiance of those facilities silc.t.11 be the respon,;iUl. .tty
of the Operator.
Prior to commencing operations under the toms of
Co 7 f` t Y` h rr l...• 1 r .. .. r. C! t. • t J .r 4. 7 .1; t t r' l ✓ tiiiiu 1i J. �. �. .. .s .i O.. t16,i e(. i.i(: ..v , 1r.ae l�l.. ,/ � ac tr .Ln� ,,.zi Gum.. ,,..e �/lt
iv.anaer or a desiznated representative, shall approve in writing
the following:
(a) The licit of food and beverage items to be sold
from the Grandstand Mezzanine and in the Grandstand;
(b) The list of novelty items to be sold in the
entrance area on the ground level of the Grandstand;
(o) The 'list of food, beverage and fishing and boating
supplies tO be s0id in the Boat ?it Area Concession Stand (Annex
BuiiainG);
(d) Signs to be posted on the premises.
(e) Fee charged for he use of the boat hoist.
CranGes in these items
shall be only with the writte
n
approval of the City ;:arui-;or or a designated representative,
and sueh approval shall not be unreasonably withheld; however,
In the Annex aSui.ldin n the bost pit area, experimentation
with the menu is permitted for not more than [. 60 day period
commencement o .food ser t t said
a.�
st.'. �Ti:� mmV�.�.i; opC:C`szv�0i'a.,r i� � .i.�.Ji.iv� :,d
'1�i^•• V 1 cn .ippR oVai,
The Operator shall charge price consistent With
the equality of the products as alit forth aboVc i local market
• Conditions and costs a The City ."ii_►Ilialjt:;i. shall, upon written
request, have the right to obtain from the Operator, CO:it.i and
other pertinent data justifying the price being charged on any
itor in the event that the data so produced does not ustify
the price: charged including a reasonable profit, the City
Manager may order the price reduced or increased to a levt:l
reasonably related to the prices charged for such item in com-
parable Operations in the Miami area.
14. ALCOHOLIC BEVL RAGES
Under the terms of this Concession Agreement, the
Operator shall be permitted to sell beer in the Grandstand
and from the Mezzanine Level Food Concession, and permitted
to sell beer and wine from the Food Concession Stand in the
Annex Building in the boat pit area. However, the City reserves
the right to prohibit the sale of said beverages on the premises
for any evert when it deems it prudent to do so and shall so
notify the Operator in writing at ..east one week in advance of
the opening date Of said event. However, this right of pro-
hibition shall not, be unreasonably applied. Sales shall be
restricted as described in Paragraph 11(b) above.
Upon execution of this Concession Agreement, the
Operator shall promptly apply for the required licenses from
the appropriate governmental authorities, and the City shall
cooperate with this application.
Nothing in this paragraph shall be construed to cir-
cumvent or relieve the Operator from the requirement of opera-
ting in conformity to existing laws, and no alcoholic beve: as jcs
ot,.r than beer and wine shall be $o1 .
1 s ;OJ._.LT:zs AND SEAT C;.iS:►iO vS
The Operator is authorized to Sell the following
novelties: souvenirs, picture postcards, sunshades, tee
shirts, hats, racing helmets, jewelry, pennants, seat cushions
and other novelties as may be reasonably related to marine
activities. The seat cushions shall have an imprint of the
name and picture of Commodore Ralph Munroe Marine Stadium.
All sales of novelties shall be confined to the authorized
area of the described promises, in front of the Grandstand.
In the event that the City Manager in his reasonable
discretion, deems than any novelty item sold by the Operator
�.: y : ._ _ '.- 7 the
.y _. - s
is offensive or unsuitable, and a,.►al. Operator is so ihOi:..i.i:iela in
writing, then the Operator shall. discontinue the sale thereof.
16. REAL IMPROVEMENTS BY OPERATOR
and
The Operator accepts thy: described premises
shall make no additions, improvements,
or al
n_S
as J
orations to
the interior or exterior of said premises, without having first
obtained the Written consent of the City Manager or his autho-
rized representative.
All requests ::or such changes shall be
in writing and shall include plans and specifications per-
taining
tini.ng to the Work ,to be Gone. All such alterations, improve-
ments or additions to the real property Which are made by the
Operator shall be at the Operator's sole cost and expense, and
shall become the property or: the City upon their completion.
It is contemplated, as part of the conditions of
this Agreement that the Operator shall make significant improve-
ments and modifications to the existing facilities in order to
provide a IT►or'e attractive appearance and greater utilization
by the public, and the expcnditurea by the Operator for theao
purposes shall not total a.t zs than -. ;ifteon Thousand Dollars
($l5, 000) during the ; rs t year o . +.his Agreement.
;he Operatot shall make at least the fois.oWin►Cj Capi,"
till: exponc11tua'`.us and said expenditures shall be Capitalized
Within a fiVe-year period with said por iod beginning at the
time that this Agi:eement is executed Ay both parties:
a grease trap at the Annex Building mood Co lcuu"'
sloe, Stand, proVirac:G, howeVer, that • he t.:xistinc
scWacje .lire is sufficient to handle a standard
gruace trap without the Operator expending sums
for :sewage connections or improvements to tho
sewage system
treatment
a. exterior facade "character" teatmen.t to n:'.C:•:
Building
c. relocation of and additions Lions to fenced areas
including relocated and added gates
�' ' ' , ' kind areas
a. improved and delineated parking
e. improved and additional landscaping in pir.rki.:C,
and outside food service areas
improvements and additions to the interior of
the Annex Building
g. if the Operator elects to cook in -the Grandstand
Concession in a manner that requires a grease
trap, then the Operator shall Install at his
expense the necessary grease trap (s) .
All plans, drawings, permits, licenses and any work
or activity related to achieving the above noted capital
improvements will be at the expense of the Operator and shall
meet all laws and codes pertaining thereto.
The City hereby agrees that its approval of such
improvements and modifications shall not be unreasonable with-
held.
f.
With the exception of the equipment to air : erni;i :ea
by the ity as lister on the iniventor% attached hereto 4::
Schedule "A" and made a part hereof, the Operator still ....... a :ih
.. •.. ..� ,� equipment
.� , ". for �" ' operation
of <
��::.: other 1,\ialpiill,nt ii��CVu.iu.,j uliL Q�Il:i.tat�.Vr. v►.e: iUVU
and oeVer a ye concessions) and may either Pent) .lease or ;Dui
chase said equipment, whicheVeP it elects. cts. to do) at its own
coot' and expense. At the end of thu term of this A refrment;
the Operator .hail remove said equipment and fixtures at it.,
sole coot and expense, provided that upon uuC.i removal the
uperator siia.li replace the described premises in the same con-
dition dition as when received, excerpt for permanent improvements and
for ordinary wear and tear. At that time) f the Operator shall
repair any damage or defacing to ti-e walls of the Food Conces-
sions that have been caused by the Operator's use of nails,
hook or similar objects.
The Operator accepts the equipment belonging to the
City as listed on Schedule ttAee attached hereto, in good working
condition but "as is", arc agrees to maintain it and .cake such
repairs as are necessary to keep
..I
in opurab1e condition,
during the term of this Agreement
1n addition, the Operator agrees to maintain and
make. such repairs s as are necessary to the Boat Hoist, , Fencing,
Lighting, Paving and other improvements in file u0at lit aiiii
�r leased r toaccept responsibility t .
Gt:ae,.. .6i.u.�eCi areas,,and acLepV for G11 Ue:.i.lc
iii a safe operating condition, with regular uiar inspections as
regiui:cd by law. It is mutually agreed by the
.� e.,s
e, y
andv..
..e..
Operator that under rio circumstances Will the Boat ..Oise be
operated by anyone other than an ai:;e nt or employee of the
Operator, and the Operator shall be reimbursed for the direct
costs of the Hoist Operator's labor whenever the Boat Hoist;
is used for stadium events.
The Operator :;.a..l not be: required t0 rep..ace boat
ramp pu ri, seawalls, O. other items In
itile boat pit i:ia"l:•ci.i
c. ct to normal wear and tear to structurally
-" orsame a�co „�.
�� struct�:r a. .1. .. ;,
,
unsound by an act of Nature of by t441; t au4eei by the activities
of an event lessee.
6 . I P2C
The Operator afire s to permit the City Manager Or
his authori2ed represuntatiVe to ether the premises at any
reasonable time for any purpose which the City Manager c: ee s
necessary or incidental tot or connee ted with the performance
of the City e s duties or obligationliv i3urac i or in the exer-
cise of the City`:3 right Or 2i.inct:.ons.
:1.9. LICENSES 21L.0 LAWS
Thu Operator, at its sole cot and expense, shall
obtain Lail licenses required for the operation of the con-
cessions provided for in this Agreement.
The Operator shall comply with all laws, , ordinances,
regulations, and rules of the Federal, State, County, and
City governments which may be applicable to the operation of
the concessions provided for in this Agreement.
20. PENALTY FOR VIOLATION OF RULES AND REGULATIONS
The City of Miami, through its proper officials,
reserves the right and authority to prescribe any reasonable
additional rules and regulations at the Marine Stadium, and
the Operator agrees 4o abide by all the rules and regulations.
Violations of rules and regulations as prescribed by the City
of Miami through its proper officials Will be sufficient
grounds to the Operator to forfeit the whole or part of the
Performance Bond.
ii:..
City of Miami reserves the right to
cancel this Concession Agreement for violation of rules and
regulations by the Operator or his employees, pursuant to
the default provisions enumerated in Paragraph 28 below.
rl Op4r }.a �..Ui 4h4ll '4.3r4y L 11 tun f.` 4u'y lovi U
9 _ _ _
urn 0`%l::tA4,lrl:n�.a.�. tGill. i�� .. _
♦ ,, iJoGf upQ:1 lU.' u�jN1�lr`rt t$ 44;Slt,.�,
Rel7Sr
t
including its f iktutes equipment, inVcnto h, sales income
or profits coVered by the prOVisions of this Concession A reo,a
menu The patties hereto agree that this Concession Agrcc_il ur t
conveys no leasehold or possesory interest in thu described
premises.
�2 a uTILI T 1LS
The Operator shall pay for all electr-City consumed
by its operation of the ?ood Concession 3ulicing in the Bout
Pit Areu, all lighting or other electrical equipment in the
areas described as 1-A, 1-3 and
including six two -unit
parking lights and the 3oat .Foist. The Operator shall pro-
vide electric meter(s) and the City shall install said meter (s)
in order to accurately record this electric consumption and
separate it from the overall electric consumption of the
+ ' ' arking areas. The Operator
Marine Stadium and ..r.e jJi1J.LiC � ,
shall also pay for all water and sewer consumed in the
described boat Pit Area, and new meters to record this con-
sumption shall be provided by the Operator and installed by
the City.
The City shall provide and assume the cost of elec-
tricity, water and sewer to the Mezzanine Level Food Conces-
sion in the Grandstand.
The Operator shall pay for its own telephone service.
The public -telephones in the described premises shall remain
the responsibility of the City, and all income received from
public telephones shall go to the City and not the Operator.
The Operator shall remove waste from the Boat Pit
Arca included in the described promises, including the pickup
of trash along the shoreline in said area and place it in a
standard size receptacle so as to facilitate its pickup by
thu City. liowever, during stadium events and i.i.:;,ec.iately
wen the goat pit area ;�.141 . be loaSird ..or 5�► i Cw
mmw
mmw
mmw
mismw
mmw
BMW
EMU
mmg
MMM
MMW
UMW
UMW
°Verbs, the Lessee for he event or he City (af►d not the
Operator) shall be responsible for the removal of waste of
pick up of trash from the water and shoreline in said areas,
23 ► -L6,Ju leNCv,
The t, . _
Operator iUti0..a.l obtain andmaintain at Ito UolL
cost and expense, with h respect to the premises herein tie:.ict.'ibti
at al . u.t meS during the ter: t of this Agreement, ent, public
hilil.y and Products Liability insurance in a minimum amount of
300,0OG and in addition at least ::t5O,000 property damage
t_ additional J
insurance. he City shallbe named as an addit Tonal censured
on all policies. Insurance required shall be issued by a company
authorized to do business in the .`.Mate of it'lor ida with �t:l
following qualifications a:; to management and financial strength:
The company must be rated no loss than "A" as to management,
nt,
and no less than "Class X" as to strength, in accordance with
the latest edition of A.M. Best's Xey Rating] Guide. The Operator
shall also provide a certification of i:ork an's Compensation
insurance coverage before biting permitted to commence business
operations, in accordance with Chapter 440 of the Florida
Statutes.
The policies of insurance shall
provide that the
City be given at least thirty (3 ) days advance written notice
J
of the cancellation of any policy.
Copies of all the insurance policies shall O .fled
with and approved by the Risk •tanageme nt Division of the City
of :.iili;ia , Florida isef ore the Operator w.J+.1l be permitted to open
for business.
24, .STRU i . u. A7, r1.\aJ Celt.T..... .....SUt.....1_.;,
T..e•. City shall carry aGe,Cz.:a►,e. structural al and t„Ort-
t .. {. 4 r r .� 1 t r•. n r '1 C J t
V e.:�v .f •IM u6 aw�IV Lr 0♦f N4�:. J t/♦ thV VIAL reG1..e� �%C 1Al�i1.�.4N own:: lA
/\J 4 .
*or
the perils of fire, hii,ir r :.Gavle, extended cover aL'u
Itt•4,5.
and klaliVious vandalism.
.L is Oaatu ... at 4�+1► 1'+ o.. 1,t ter' V J. u.�� utJ
repair or replace the structures and contents o'.'inu a si the
City, ilk the event of ..o:i i or damage, in order ta.at the ec,a-
cessions covered b* this Agreement can continue to be v_ii,;rai.ea.
25. Di,-".,T nUCTION •
In tha event that any portion of tau de:;i:y.:..i.:d
premises shall be destroyed or so damaged by fire, 2leod or
other casualty during the term of this Agreement whereby t.iV
same shall be rendered L'ntenanta'ole or unoperable, then the
City shall render such ir iuse S tenantable O.operable by
repairs within ninety (JO) days therefrom or such additional
period of time as agreed to between the parties hereto.
During this period of reconstruction, the minimum annual
guarantee to be •pair as consideration shall be proportion-
ately reduced as to the space or• facilities not available to
the Operator.
In the event that the premises are substantially
destroyed or so damaged by fire, flood or other casualty that
the premises cannot be rendered tenantable or that the City
elects not to repair within the ninety day period as set forth
above, or such additional period of time as agreed to between
the parties, then this Agreur;,ent shall be deemed terminated
with no further liability to eitncr party.
26. RIS:C vl LOSS
The Operator agrees to 4SSUMO all risk o2; loss,
injury or damage of any kind or nature whatsoever to the
Operator's property placed on or within the doscri'w'► d rQmi; e S,
SO long aS ti'lc= Operator ha: control of said property u.nd
prtr���ist s, or to the Centc is en S4i4. premises that
t c Operator( or to any goods, chattels, mere '4alndl io Or tO 4;41,'
Other prO ?Cray tfl4t m4y )C +)iieC`,=C, \ Qn SAjAi pre!}1 ,.iv i bi` the
and ruu Cious -l" t:Vand iali.liul. 'i is the intent GZ the City to
repair or replace the structures and contents owned by the
City, in the event or loss or damage, in order that the eon,.
Cessions Coveted by this Agreement can continue to be operated.
25.
LJIJU l . L)L .. iY
1n tho event that any portion of the described
bed
premises shall be destroyed or so damaged by fire, flood or
other casualty during the tern of this Agreement Vat: eby the
same shall be rendered un tenantaabie or unoperabie , then the
City shall render such promises tenantable or operable by
.repairs within ninety (90) days therefrom or such additional
period of time as agreed to between the parties hereto.
During this period of reconstruction, the minimum annual
guarantee to be paid as consideration sria1.1 be proportion-
ately reduced as to the space or facilities not available to
the Operator.
In the event that the premises are substantially
destroyed or so damaged by fire, flood or other casualty that
the premises cannot be rendered tenantable or that the City
elects not to repair within the ninety Gay period as set forth
above, or such additional period of time as agreed to between
the parties, then this Agreement shall be deemed terminated
with no further liability to either party.
26. RIS:{ OF LOSS
The Operator agrees to assume all risk of loss,
injury or damage of any kind or 'nature whatsoever to the
Operator's property placed on or within the described premises,
1
so long as
the Operator has control of said property and
premises, or to tho contents on said premises that belong to
the Operator, or to any goods, c;i.: ttc s, inerehar.di;se or to any
other prOperbry that
_..y 9 .� c premises
,. . 4-y t
tr �, _ 4 may .J 1.. 7.44�. 1.� V'�or. said F�L t.s.�JVJ N� �...1.,
r
wa f, V er
Operator, Whether said loss, injury or damage results from
fire, theft, hurricane:, rising water, or fron any other cause
or contingency.
7.7. HOLD i HARMLESS P. ROV.ISION
The operator shall indemnity and save harmless the
City against any and all claims, suits, actions, damages or
causes o2 action arising during the term of this Agreement for
any personal injury, loss of life, or damage to property sus-
tained in or on the described premises by reason of or as a
result of the Ope,:rator's occupancy, use, activities, and
operation) therein, and from and against any orders, judgments,
or decrees which may be entered thereon, and from and against
„
costs,
attorney's fees, expenses, and liabilities incurred
in the defense of any such claim and the investigation thereof.
During the period of time that t the portion of the
boat pit area indicated
as the
shaded area of Area 1-C on
Exhibit "B" is leased ::or stadium events or activities which
require the Operator to relinquish control of said area, the
City in its agreement with contracting parties for the lease
of said area will see that the lease agreement provides for
protection of the Operator from claims or damages and .from
loss or damage to the Operator's property resulting during
that period of time the Operator has no control over said area.
28. DEFAULT
(a) If Operator abandons or vacates the premises
prior to the expiration of the term hereof, or
(o) If Operator: fails to raker the rent payments
as set forth herein and said payment mi:iiL' is not made within 15
Lays att ;r written notice is giver. to Operator, or
(c) if Operator fails to perform in aceordaac with
-he other terms .5r:a conditions
herein contained, and
aa4 y of
such default is not cured wi„t tin 30 days after written notice
is given to Operator) then the ray, at the City's option and
Without further notice of demand to Operator, may enter into
possession of the premises and all improvements thereon and
remove all persons therefrom and may take possession of all.
furniture, equipment, and other personal property of Operator
found on the premises and remove such property and store it
at Operator's expense. The City may then either terminate
this agreement or relet the described premises.
In the event the City elects to relet the described
prc es for sec:, rent and upon nuch terns as the City may he
able :o obtain, Operator shall continue to pay any difference
bet--:ean the rent obtained by such reletti_ng and the rent due
29. :-...LELL _ - _' CITY
The _ reserves the right to cancel, terminate
_e ar::neassi.on Agreement to be null and void at
its e option the event said premises are needed by the
C_-, a p _..+ _ _ _ . -.er than a marine stadium. Notice of
canzallation s a1given in writing at least six (6) months
in _ c', -- 11 be deemed to be served when delivered to
the _razor the described premises at the City of Miami Commodore
Ralph i•unroe, Marine Stadium, Virginia Key, Miami, Florida.
30. :.._.. _ EE J
In the event that it is deemed necessary by the City
or the Operator to file suit in the appropriate court to enforce
any of the Lerms or provisions of this Agreement or to require
either party to perform any of the covenants or terms and conditions
as provided herein, then the prevailing party shall be entitled
to reasonable attorney's fees from the other, including appellate
fees.
-22-
gfq11
In the °Vent that the Operator is in default in
payment of money due, the Operator agrees to pay all costs
of collection by any means (including any and all attorney's
Leers)
plus 10% of the amount of money due as liquidated
damages.
31. SURRENDER OF PREMISES
Upon termination of this Agreement by lapse of time
or otherwise, the Operator small promptly and peaceably
deliver the described premises to the City, in the same condi-
tion as when receive& at the commencement of this Agreement,
ordinary wear and tear excepted.
permanent improvements.
Operator shall leave ail
32. ASSIGNMENT
The Operator shall not assign any Of the rights,
duties or obligations created by this Agreement without first
:laving obtained the authorization of the City Manager or Com-
mission mission of the City of Miami.
3.J • BIND:NG ON SUCCESSORS '
This Agreement shall be binding upon the City and
the Operator, its successors arc assigns, and they shall abide
by each of the terms and conditions hereof.
*, E.
34. WAIVER
ll�lu t:
No waiver of any breach of any provision of this
Agreement shall constitute a waiver of any other breach of
such provision, or any other provision.
r3=-
oJ+
Iv
G,l.l,t
+-a'_ captions
1 . t J .._'_ .l i ,� t . { • .. .. .+ •.
ti►t4 l.rtpulo.►s CGi.uulii:U li► vitl! t��;i f:l':iitil:Iiu �.♦ t. �..i..�:.i uelt
only as c matter of convenience and for reference, anci
way Gofii.l: ) limit) or proscribe the scope of this t►Vr t'l.:ii enti or
"he
-� ) Y tent
�. I. of r the
r .9
t►L in any i.1♦ OViva.0i► uul:a
the
. tie
.� .. .� • this J s • r l .. the
�.i. u►►l, uli�.t.. of execution of uiil.� ��Va 1.Ci�►t:iiu i u..F;
i 4 City
y cash
s ' or , t • r
Operator shall furnish uO the C�.u,t a tr,l.yCl surety perfor-
mance
. :- n Thousand /.' 2
bond ill the amount of Two Dollars .J� , VUU • UU J
.. a. r for
,,. • .. f. . �..,.- ., this
u0 bind the Operator a G. the faithful tii.a 1.(1 performance Gi +r+uiiCt.' of v:(.:.:.i
Concession AL;r ement ►
37. Sit_+>s
The City ^.• r � t .,, � t the
i
�i1u•% L1U♦ l.t.o v0 cooperate with u(te Operator ,,.n
�`• a,.,.... ..
OGi.a.i.ii:a.ii� an easement and permits from the proper uGVl.a •(.+.Ciiuii.i.
4
au hor iu ie s , to place S :.a_;n3 at appropriate locations. The
content and location Of
ta'.1t:
si3ns shall oe subject to the
e
approval of the City i'.ana r or his s desi hated representative,
and that approval shall not oe rea0o.,asl;j withheld.
;R-nr ra-n ,(
All n l i notices under this Nam. t:G.i.t,i(u must DE: in iCi'r u ...aj
and shall oe deemed to be served when delivered to the Operator
a v .
d
.'. c,:.i 1 C� Stadium Enterprises, Inc.
c/o Jt rr y' s Inc.
Weatherford
2u;;� Boulevard
ailami, Florida
Notices to the City shall ✓c;' deemed duly served when delivered
to:
City ;,:anar;er
Cityr oO.. f •,T _ a
+ til.�i.ar
3500 Pan American .:t•i( Jr 1VC
Eithet party shall immediately notify the othet o2
any Change o£ address:
All notices serVod by mail Shall be
te§isteted pail, tetu n receipt requested,'
IN WITNESS WHEREOF, the patties hereto Wave caused
this Concession Agr scent to be Q&ocUtcd in their names Sy
their duly authori2ed officers, all as of the day and year
First above written,
THE CITY OF MIA :I, FLORIDA
a municipal corporation
By
ATTEST . . ... CITY MANAGER
ATTEST
City Clerk
-ectetar,
MARINE ST;
a Florida
By
APPROVED AS TO FORM AND CO,CTN SS:
-25-
,a2alszs, INC.
Eion
RESIDENT
.►. ►HIV �i NiOM! OF co.{CL5s:oN u -7")"-InliENT
10 Be Varnished ice/
A► Grandstand Concession Arca:
1. One sink, stainless steel, With 3 cicepweyis.
2. Two sinks, stainless steel, each with 1 dcepwe11.
3. Three ree f ree•zei` s and storage. cabinets, stainless steel.
4, ViVe soft drink coo1Cr'-dispensers.
B. isoatpit Concession Area:
3 •
4.
One refrigerator, stainless steel.
Oro freezer and storage cabinet, stainless steel
One soft drink cooler -dispenser.
One sink, stainless steel, with 2 deepwel s .
C. moat Pit Area
1. Boat Hoist
c.
'4h
Comence at the southeast cornet of Section 17, Township 54 Souzh ,
Range 42 East; Dade County, :Florida, thence along the south line of
t ' " 7 89° 56" W 2 , 649,3 .:
said Section �. N.vt+ i`t3i. to �:t.8 intersection tJii:.i
the
• of " d .`. as ►ice;•-•.
a.tta. center l:l►. ►�.LI.t�C'►ta7aCt�C'r Causeway", shown i►1 ♦►tu
X ROPOLITA►V DA E COUNTY BULKHEAD LINE" according
tiw iat Lnereoi:
a ► recorded in Plat Book 74, at Page 9, Sheet No. 2 Of t.::: : L:✓i+t:
�^ County,
, ,_1_ �� 1 i �• ate- _
: co,:d. of Dade County, : 10 .da; t.ati aaCa aaong said CL alive is.
-
N 4522' 07" W 3,073.07 feet; thence N 44° 37' 53" 200.00
to :...a northeasterly a::.steCly right-of-way line o: said
it
w�:y s
a.C..'l..`%
liuu.ie�
line 45° 22' 07" 32 00 feet
-thence along said right-of-way ... i:�V N W J•- .
co „ - -
zhe Point G:: Beginning O:. the following described parcel of�u:;u;
t' ue along said �' ` ~y line ti 45° 22' 07" S 433.30
:..:::::C�: CGnt..►ta. .. r.ilt.-Oi.-Wa.► ..�..
zect ; thence N 44° 37' 53" L 161.00 feet; thence S 45° 22' 07"
220.60 r.� ° 3 '53" W 66 . 00 ; thence S 4 5° 2 1 "
feet; thence S 44 7 fee r. e�. � �2 07
:88 .00 feet; ; thence S 44° 37' 53" .d 95.00 feet to the Point of
Containing 60,380 square feet or 1.395 acres.
. or information and furtiver identification sire attached map
iie ::o. Misc. 44-104 and Misc . 44- 05 .
MMMIG-
M
1111111111111111111111111111111
7vraa DlSC'IP•''t^,
. �. �. �.::lf{ , ,ia .. �...-, 1. V,.l
uu S :. , \:...,11,_ itlo
Commence at the southeast comet of Section 17, Township 54 South,
Range 42 East; Dade County, Florida; thence along the south line of
said Section 17 N 89° 56' 49.5" W 2,649.34 feet to ita intersection
with the center line of Rickei.bacaCe Causeway", as shown in t.ia'.
i..:.a 023LLiA\ Utl.-J... COUNTY Ul VK UiiD ui.►\E" according to the Plat - t.herco2
as recorded in Plat Book 74, at Page 9, Sheet No. 2 of the Public
..ecords of Dade County, Florida; thence ai0iig said center line
45° 22' 07" W 3,073.07 feet; thence :C 44° 37' 53" E 200.00 feet
e Point �•.e •:t.�r described tract, said
�. O the O L Beginning O � t .:�,. ► i�... �. �,:: u a. �. �. .
Point of Beginning also lying on tie northeasterly right-of-way line
of said "Rickenbacker Causeway"; thence along said right-of-way line
N 45° 22' 07" W 32.00 feet; thence ` 44° 37' 53" E 95.00 feet; thence
450 22' 07" W 150.00 feet; thence N 44° 37' 53" E 134.00 feet to a
point of curvature of a curve concave to to south having as radius of
150.00 feet; thence northeasterly, easterly and southeasterly r2
L3So...
along said curve
thou , a central angle of 90° 00' 00" to .
point of tangency; thence S 45° 22' 07"
44° 37' 53"
32.00 feet; thence
W 379.00 -= 00
. feet to i.Lit? Point of Beginning.
Containing 49,631 square feet or 1.139 acres.
or information and further is enti ication see attached map
File No. i• i.al.. 44-104 an:. Misc. ' -10`"
Clollliileiice dl, the southeast coa::\:I.i of Section 17, Low:1Jl-1ip 54
.\ ii:'w is tip Ziade
County,
ao 111u 1 ..'1e.1cc a,.on;, she
O
49. said Section 17 i ul) 5u t11U4J'r il.'�?is
SouLl.1
soutn line of
u..0
L 11.�-.iCauseway"
u, .
\'withwiththe: center Ly►i1� Oa c,:e .i/lal+.\12i: �1ul::�ew aya.\d:. in
i.uii\U.UuI ZAN DAZE COUNT aUu.\iiu.:iJ
I ♦.
as recorded in2 :.C.t ook 74, at
a UUl1
CAl.. 1.1 li A o t o �.. i ly i a. u i.
2
`V:.a.:l: 6. No. of the uJ1ie
Records of Dad.l, County, ii ..O...a.liu; thence i.1Vi.3 said center line
►\ 4✓V
1.
.. i
0711 1 3,433.79
int of. Det.;innin3 of the hL.La.:iu:.ta.::.
O 1 53"
511.57 feet to
Said
se i..ii.v bein; also the most OA u ..'•i.0OL
,.
concrete iia.:i.\L'uli ; thence i..L�J:.�j the outer face Of Siii.l: :it:::idua....
07" W 444 .45 bO ZI;L: ;.os.t northerly corner of sa-l: ;;ea
i
\tii.•a.-; t.•a:nce S 44 37 53 4 a.JG .57 feet co +. ►.5 intersection with it
A. a.. IL..
. i-.a .: �. with and .lV i. -Le, i .o-1...eu:i,. ‘1y of 6ii: center J. is �: V
1 f
:iuid .tic*.:e:/'J.:.C.\3: Causeway; thenceui.O:.�j said parallel line S 4JL) �l 1 V
^C.17 feet; thence S o ,71
is li::•� �i u�a..a it: .. \Ji%:. u::v
Causeway;
Cause\•J. y 1
JJ Vl% • Vl%
feet to its intersection with
center
thence i.aa.li.•U said parallel line .+ V /
i. : ; thence N 44 • 7 ,J J •i
. VV feet to is poa.:.t of curvature
.. .. curve concave to the uou►,u uuva..V a radius of 150.03 feet; 1.••t...41:
C easterly and iaJL:�.i.ii,:a::i�:�::'..j �.iJrJy al-:ulQi/v $iii.ia curve
- o. JV i r� V1 -^11 d ... •.
.. ..�Vl•�J.. a�. a.::. 1.�•..a u:•�1.: aJ VV ..V u Ci�i:... of .. ui.V4iiC �j ..♦\..: :. a: �:
S 45" 221 07" u 32.00 feet; thence N 44° 371 53" u L►6 feet t0 the
q
corner post o: a chain Li► k fence; thence continue al.o lg said c►nai
link i:OAce 159 feet more or less to its intersection with the shore
11.1e of Marine Stadium Lagoon; thence meandering along said shore
lino ttOtL w@5:irLjand WiS►iYlj 440 fee more Ot loss to t o Point
O Bog ir► llllb .
Containing 3.2 acres more or less.
For information and further identification
see attached map File No. Misc. 44-104.
AI
MIL
MEM