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HomeMy WebLinkAboutR-78-0386RESOLUTION No, 7 8 w 3 8 6 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH H & H FOOD SERVICES, INC., FOR THE FOOD AND BEVERAGE CONCESSION RIGHTS AND FACILITIES AT THE NEW MIAMI POLICE DEPARTMENT BUILDING, FOR A TERM OF THREE YEARS WITH AN OPTION TO RENEW FOR AN ADDITIONAL TWO YEARS. WHEREAS, bids were advertised and received on April 17, 1978, for the food and beverage concession rights and facilities at the new Miami Police Department Building, 400 N.W. 2nd Avenue, Miami, Florida for a term of three years, with the additional provision that the term of the lease can be extended for an additional term of two years if, in the sole judgment of the City Manager, the operations of the lessee during the initial term have been satis- factory as regards quality, service, prices to consumers, cleanliness and other considerations; and WHEREAS, Bid notices were advertised and six bids were received; and ..) r.%) advantageous bid to the City; and • ,_,j WHEREAS, the City Manager, and the Police a ar en' `omMend ft WHEREAS, the bid of H & H Food Services, Inc. was the most "DOCUMENT INDEX ` the acceptance of the bid submitted by H & H Food Services, Inc.; a-•0 0 NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY D pLi— (f) Q OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized and directed to enter into a lease agreement with H & H Food Services, Inc. for the food and beverage concession rights and facilities at the New Miami Police Department Building for a period of three years with an additional provision that the term of the lease can be extended for an additional term of two years if, in the sole judgement of the City Manager, the operations of the lessee during the initial term have been satisfactory as regards quality, service, prices to consumers, cleanliness and other considerations. CITY COMMISSION. MEETING OF MAY3 i 1978 RESOLUTION t1o.,., �..' :.... REWRK • • •,• •....................... Section 2, The lease agreetnetit shall be in accordance Vith the terms and specifications of the bid invitation; acid the bid as submitted by H & H Pond Services, laic, PASSED AND ADOPTED this 31 day of May , 1978, Maurice A, Ferre ATTEST: e H 0 •:IE, CITY CLERK PREPARED AND APPROVED BY: Li1.�'d TERR V. PERCY ASSISTANT CIT ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: GEORGE 4 . KNOX, JR., CI ATTORNEY -2- MAYOR "SUPPORTIVE DOCUMENTS L.. f..._1 304 CITY CF MIAI.4I, PLiM!O.> INTER=orrICE 1 :N10:1,0 DU +1 F110M • Joseph R. Grassie City Manager Kenneth I. Harms Chief of Police .rE 25 May 1978 (Ur: NC Police Cafeteria one (1) I submitted a draft of the lease agreement between the City of Miami Police Department and H 8 H Food Services Inc. for the Miami Police Department Cafeteria, to Mr. George Knox for his review and approval. This agreement will supply us with a tenant for our cafeteria operation. Respectfully respect that this item be placed on the City Commission Agenda for May 31, 1978. KIH:cp Attachment "SUPPORTIVE DOCUMENTS FOLLOVV" 78-386 hereby covenant and agree as follows: 1. DESCRIPTION OF THE PREMISES: ��ll``���� For and in consideration of the mutual pro � thcllan�con- tained, the CITY hereby leases to LESSEE and LESSEE hereby leases from CITY certain portions of the real property together with improvements contained thereon described as follows: The City of Miami Police Building, 400 N.W. 2 Avenue, Miami, Florida, said portion to be leased being on the third floor of said Police Building and consisting of a 194 sq. ft. kitchen, 472 sq. ft. serving area, 1472 sq. ft, cafeteria, 37 sq. ft, trash area and a storage area of 96 sq, ft, together with certain furniture, fix- tures and equipment set forth in the Inventory attached hereto and made a part hereof as though set forth in full marked Annex I, LEASE AGt1EMENT THIS LEASE AGREEMENT, made and entered into this day of , 1978, by and between the CITY OF MIAMI, a municipal corporation or. the State of Florida, (hereinafter referred to as "CITY"), and H & H FOOD SERVICES, INC., a Florida corporation, (hereinafter referred to as "LESSEE"). WITNESSETH : WHEREAS, pursuant to Resolution No. , passed and adopted by the City Commission on the bid of H & H FOOD SERVICES, INC., for operation of the food, beverage and vending concession at the Miami Police Building was accepted; and WHEREAS, in conjunction with the leasing of the premises, the LESSEE shall have the exclusive right to offer for sale and sell food, beverages and cigars and cigarettes as well as all machine vending rights in the City of Miami Police Building desc<ibed in this Lease. NOW, THEREFORE, in consideration of the premises and mutual covenants hereinafter contained to be observed and performed, and for One ($1.'00) Dollar, receipt of which is hereby acknowledged, and other good and valuable consideration, the parties hereto do "S�"'U�PPORTIVE LESSEE accepts the leased premises and all fixtures, improvements and equipment as described aboVe as is at the time._ of the execu- tion of. this Lease. 2. USE Or PP.EMI ES (a) LESSEE shall have the cf:clusiVe tight to offer for sale, sell, or otherwise dispose of food, beverages, cigars, and cigarettes, as well as all. machine vending rights, subject to specifications and qualifications hereinafter contained and in all of the provisions of this Lease Agreement. LESSEE shall use, the premises for the primary purpose of operating a food and beverage concession. (b) LESSEE shall make no unlawful, improper or offensive use of the leased premises. (c) This Lease Agreement and all rights of the LESSEE hereunder shall, at the option of the CITY, cease and terminate upon discontinuance of the stated use and operation of the premises by the LESSEE. (d) The LESSEE shall allow the Police Department to use the south section of the dining area for special occasions during normal cafeteria hours at the request of the Chief of Police or his designee. The CITY will give a reasonable advance notice for its use. (e) The LESSEE shall allow the dining area of the Cafeteria to be utilized by the Police Department during the hours the Cafeteria is not open for business. 3. TERM OF LEASE The term of this Lease Agreement shall be for a period of three (3) years commencing on the day of 1978, and terminating on the day of , 19 The CITY shall have the option to renew this Lease for an additional two (2) years if, in the sole judgment of the City Manager, the operations.of the LESSEE during the initial Lease term have been satisfactory as regards quality, scrvite prices to consumers, cleanliness, and other considerations, 4, Foot AND t3EV fAGU STANDARDS (a) All meats served shall be USDA inspected, and shall be of USDA Choice quality (where graded), or equivalents (b) Poultry shall be USDA Grade A or equivalents (c) llot dogs served shall be all beef. (d) Ground hamburger meat shall be from U.S. Choice beef cuts with a minimum fat content of 20% and a maximum of 25% and shall contain no fillers other than the fat in the meat. (e) Canned, Frozen and dried fruits and vegetables served must be of at least USDA Grade B quality. (f) The minimum quality and size of eggs served shall be equivalent to U.S. Grade A Medium. (g) Fresh fruits and vegetables shall be of at least U.S. Grade No. 1 quality. (h) Daily fresh bread, buns and rolls shall be used for all hot dogs, hamburgers and sandwiches. (i) Loaf bread used shall contain no more tl.an the stan- dard 20 slices per 16 oz. loaf. (j) No pastries shall be served that are more than one day old. (k) Ice cream served in whatever form shall contain 9% to 11% butterfat; and ice milk, if served, shall be clearly announced as such. (1) 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 oz. or 14 oz. drinks. (m) Condiments, such as catsup, mustard, mayonnaise, relish, salt, pepper, sugar, coffee cream (or milk), sliced lemons, shall be provided for customers' use. (n) Supplies, such as paper napkins, toothpicks, straws, spoons, forks, and knives shall be provided for customer use. Co) Convenience items such as cigars, aspirin, pens, "SUPPORTIVE DOCUa`IEN3 FOLLOW" etc., may be provided as approved by the Chief of Police or his representative. HOURS Oi' OPERATION flours of operation of the leased concession facility t.hall be such as to provide the maximum convenience to those served and shall be as determined by the City Manager. Minimum hours of operation shall initially be from 7:00 A.M. until 3:00 P.M. each clay except Sundays, Saturdays and Holidays. The LESSEE shall be expected to open the facility and keep it open for business continuously during any emergency policy operations (riot, etc.) if requested to do so by the City Manager or his officially desi- gnated representative. Access to all vending machines shall be on a 24-hour basis. The LESSEE agrees to provide food and beverages to the Police Department in an emergency as defined by the Chief of Police or his designee either at the cafeteria site or any site the Chief of Police or his designee requests. The CITY will give as much advance notification as possible in an emergency situation. 6. STANDARD OF QUALITY - SUPPLIES AND SERVICE LESSEE shall at all times keep the premises adequately with commodities, food and beverages, and adequately stocked staffed service to serve the patrons during peak hours of to maintain such service and to entitle it to the license thereof and will provide maximum operation. LESSEE shall be required other requirements as are necessary for the operation of the facilities outlined herein. LESSEE agrees that it will operate and maintain the facilities authorized herein in such a manner as to provide quality of service, food prices, food and beverages and manage- ment, and the operation shall be of such quality as to compete favorably with similar operations. 7. CONCESSION MANAGEMENT The LESSEE shall provide this concession with personalized attention as regards its management. Absentee management, or man- agement wherein the LESSEE has little or no contact with the concession employees and does not personally visit the concession area regularly, will be unacceptable to the CITY and will be grounds for cancellation of they Lease Agreement. 86 P rOR ANCt BO O The LESSEE shall furnish to the CITY, Within five (5) consecutive calendar days after written notice being given by the CITY of the award of the privilege to enter Lease Agreement, a Surety Bond in the amount of $5,000.00, and shall abide by all rules, regulations and laws of the City of Miami. 9. ASSIGNMENT OF CONTRACT The LESSEE shall not, at any time during the tenure of the Agreement, sublet any part of his concession or assign any portion or part of the Contract, with the exception of the vending machines, except under and by virtue of permission granted by the City Commission through the proper officials, or as part of the Lease Agreement where specifically authorized. 10. RELEASE OF CITY FROM LIABILITY The LL'SSEE shall release and discharge the CITY from any and all liability for the loss of his merchandise, goods, equip- ment or other property of the restaurant and/or concession if lost, damaged, destroyed by fire, theft, rain, water, or other causes. 11. ANNUAL STATEMENT The LESSEE shall furnish annually, at the end of each business year, a statement of his financial condition and opera- tions of this concession, together with a public accountant's opinion. 12. AUDITING OF ACCOUNTS The LL'SSEE shall, upon reasonable demand, make available locally, books of account and financial statements to authorized representatives of the Department of Internal Audit of the CITY. 13. CITY' S RIGHT TO EXAMINE PREMISES The LESSEE shall make available all areas of the premises under his control -for examination, at any reasonable time, by the City Manager and/or his auly authorized representative, "SUPPORTIVE DOCUr.ENTs FULLLj y i 14. COMPLIANCE E• iTa APPLICABLE LAWS The LESSEE shall abide by all rules, regulations, and laws of tht? City of Miami, County of Dade, and the State of Florida, now in force or hereafter adopted, and the written rules and regulations established by the City Manager or his duly authorized representative. 15. PENALTY FOR VIOLATION OP RULES AND REGULATIONS The Lessor, through its proper officials, reserves the right and authority to prescribe any additional rules and regula- tions at the City of Miami Police Building, and the LESSEE agrees to abide by all the rules and regulations. Violations of rules and regulations as prescribed by the Lessor through its proper officials will be sufficient grounds to the LESSEE to forfeit the whole or part of the Performance Bond required in this Agreement. The Lessor reserves the right to cancel the contract for viola- tion of rules and regulations by the LESSEE or his employees. 16. ADVERTISING MATTER The Lessor, through its proper officials, reserves the right and authority to prescribe rules pertaining to regulation of signs and/or advertising matter. 17. POSTING AND CONTROL OF PRICE SIGNS (FOOD AND BEVERAGE) The LESSEE shall provide and have posted in conspicuous locations signs showing the prices of all edible commodities. Size, location and content of said signs shall be subject to approval of the City Manager and/or his duly authorized representative. 18. INSURANCE The LESSEE shall carry, at his expense, at least $300,000 Public Liability Insurance including Products Liability, $50,000 Property Damage Insurance and shall name the City of Miami as an additional insured on said policy. Copies of insurance policies shall be filed with the Risk Management Division of the City of Miami, Florida, before the LESSEE will be permitted to open for business. All policies must be to the satisfaction of the Risk Management Division of the CITY, 19. LIC'EiJst5 The LESSEE shall acquire and pay for the necessary licenses required for the operation of his business; and shall be responsible for the payment of any and all taxes levied on hire or his operation, by whatever taxing entity. 20. EQUIPMENT The LESSEE shall furnish any additional equipment necessary for the concession operation and will be permitted to. either rent and/or lease orpurchase new equipment at his expense. Said equipment shall be removed by LESSEE at his expense at the end of the lease term. Equipment which cannot be readily re- moved without injury to the premises, shall remain and become the property of the Lessor upon expiration of the lease term. Equipment currently in use low be abandoned upon written request by the LESSEE with the approval of the Chief of Police or his designated representative. With respect to all personal property furnished by the CI'2Y to the LESSEE in connection with the performance of this lease agreement, title to such personal property shall remain in the CITY and every item thereof shall, upon the termination or expiration of this Lease, be returned to the CITY in equivalent condition, reasonable wear and tear excepted. 21. MOUNTING OBJECTS ON WALLS The LESSEE shall not put nails, hooks, or similar objects on the walls without the approval of the City Manager and/or his duly authorized representative. 22. CUSTODIAL AND JANITORIAL SERVICE The LESSEE shall be responsible for all necessary main- tenance directly related to the concession and LESSEE shall furnish all custodial and janitorial service required to maintain daily the concession area and the outlying area adjacent to his opera- tions in a clean and sanitary condition, The LESSEE also agrees that he will maintain the premises in a manner consistent with, or demanded by, all Health Departments and Pure Vood Examiti; r< , and also that the premise:, will at all times be kept open for proper inspection by any other agency haVing jnriscUction thereto. 23. ALCOHOLIC BEVERAGES No wines, beers, liquors, or alcoholic beverages of any Rind or nature shall be sold, offered or given away on any of the Police Building property. 24, EXTERMINATOR SERVICE The LESSEE shall take the necessary measures to control vermin and pests on a biweekly basis at his expense. This con- trol will be coordinated with the Building maintenance Supervisor to insure extermination of vermin in all areas surrounding the cafeteria. This service may be required once a week in order to properly control vermin and pests, as directed by the City Manager and/or his duly authorized representative. The area to be serviced by the exterminator includes ' all areas where food is dispensed, stored, and consumed (including vending areas). 25. NON-DISCRIMINATION LESSEE agrees that there shall be no discrimination as to race, se::, creed, color or national origin in connection with the use, service, maintenance, or operation of the leased premises. 26. SALES PRICE CONTROL - ALL COMMODITIES Sales prices of items offered for sale shall initially be as listed in the bid proposal submitted by the LESSEE. Any and all subsequent changes to prices, sizes, weights or quantities of items offered for sale shall be subject to City Manager review and approval. Upon written request of the Chief of Police or his desig- nated representative the LESSEE will add commodities to the pro- duct line offered, The LESSEE may add commodities to the product line upon written request with the approval of the Chief of Police or his designated representative, Upon written request of the Chief of Po' ice or his designated representative the LESSEE will delete commodities from the product line offered, The LESSEE May delete products upon written request with the approval of the Chief of Police or his designated representative, 27. Er4PLOYtt QUALIFtCATIOVS The LESSEE shall employ only people to Work at this facility who. are literate, neat, clean, well groomed and courteous. They must also possess good health and obtain civilian registra- tion cards from the Miami Police Department. 28. TRASH, RUBBISH, AND GARBAGE DISPOSAL The LESSEE shall provide, at his expense, all garbage, trash, and rubbish receptacles within the confines of the leased area and shall provide a sufficient number of these receptacles for his own use and for the use of the public. He shall not allow said garbage, trash, and rubbish to accumulate and shall cause removal of it to the pickup area designated by the City Manager and/or his duly authorized representative. 29. SALES RESTRICTIONS All sales shall be confined to the area allocated for the facility. LESSEE will not be permitted to do any selling or vending outside of the designated areas of lease, except by written authority from the City Manager or his duly authorized representative. The LESSEE shall be permitted to receive orders . from and to make sales outside the police building on a delivery - only basis. The LESSEE shall not advertise in any way the location of the delivery facility at the police department. All advertising for delivery service shall contain only the telephone number of the delivery service. 30. BUILDING MAINTENANCE - MAJOR REPAIRS The CITY will make and assume all reasonable and needed major repairs or maintenance to the actual structure of the build- ing, at such times as required, 31. RIGHT OP ENTRY Tilt; CITY will grant and prG ide access to the Police Building to the LESSEE: for the purpose of bringing in the necessary supplies . and equipment. 32. LESSEEt S n c ii TO ?i1I E IitPROVEnENTS The mssEn shall accept the building "a: is", but the City Manager will grant the LESSEE the right to snake additions, improvements, and alterations to the facility for his o;•in conven- ience, provided that prior approval is obtained from the City Manager before such actions are undertaken, and provided that such additions, improvements, and alterations become the property of the CITY upon expiration of the Lease. 1111 additions,improve- ments, and alterations made by the LESSEE shall be done at his expense. 33. BUILDING INSURANCE The CITY will carry structural and content insurance, (on that which is owned by the City of Miami), for the perils of fire, extended coverage and malicious vandalism. 34. UTILITIES The CITY will provide, at no cost, the space and loca- tion for machines, and at no cost, the necessary water and electricity for operating the vending machines and cafeteria equipment. PHONE: One Centrex phone will be located near the serving line for use by the Miami Police Department and Food Services personnel at no cost to the LESSEE. Any other phone installation will be installed and billed at cost to the LESSEE. 35. VENDING MACHINES The following provisions apply to the vending machine services to be provided by LESSEE: THE LESSEE AGREES TO 1, Provide and furnish vending machines at no cost to the CITY, The LESSEE shall provide new vending t::achine3 , or tt ied v:_'nd i r q r tc'.: i ;1. t; .- 10 "CU 7Or TI V E DOCUMENTS FOLLOW" 5. Which are in ekcellent conditions They shall be of uniform colors and heights, modular in appearance, modern in design, pleasing ih appearance in their surroundings, safe and sanitary and of the latest model With Change mechanism. The LESSEE at his option may furnish money changers -in each vending arca. IIowever, he is required to furnish. money changers on the first and third floor concession areas. 2. Keep all vending machines supplied with merchan- dise. Every machine shall be checked at least once weekly or as necessary to insure freshness. 3. Service vending machines which are out of merchan- dise within four (4) hours of notification by the Chief of Police or his designated representative. 4. Keep in a clean, sanitary, neat and orderly condi- =:.ion and appearance all vending equipment and personal property furnished. Machines shall be removed for repainting and reconditioning as LESSEE deems necessary or sooner if deemed necessary by the Chief of Police or his designated representative. The vending serviceman shall remove from the pre- mises all trash generated while servicing or re- pairing the machines. Initiate a plan for preventive maintenance in order to minimize breakdowns. 6. Service equipment within four (4) hours of its breakdown. 7. File with the Chief of Police or his designated representative an equitable and simple written procedure for refunding money to customers for cash loss due to malfunction of any machine, - 11 C— This procedure shall be put into effect at the same time the vending operation commences, 8. meet with the Chief of Police or his designated repre- sentative at such times as he may require in order to resolve operating problems. 9, Allow the Chief of Police or his designated representative to conduct periodic inspections of LESSEE'S facilities and equipment to determine if such are in conformity here- with. The LESSEE shall, make all improvements, repairs, or replacements of machinery as may he required in writing by the Chief of Police or his designated representative. The LESSEE shall replace any vending machines which have a history of malfunction. 10. Repair and rebuild all or part of premises which may be damaged or destroyed by the acts or omissions of the LESSEE or by his representatives or employees on or at the premises. The LESSEE shall return the premises upon expiration or termination of the contract to the CITY in the same condition that existed at the commencement of the contract. 11. Obtain CITY and County licenses where required. THE CITY AGREES TO: 1. Provide the space and location for machines and, at no cost, the necessary water and electricity for operating the vending machines. The LESSEE will commence operation with equipment of the type specified in the locations currently in use. 12 - MEM 2. Provide and maintain the necessary utility connections ahci serVide at the ,locations designated for the operation of the Vending machine. 3. Provide janitorial service for cleaning the Vending area. This service will not include any assistance in cleaning, servicing, or loading machines, RESPONSIBILITY FOR DAMAGE The CITY will not be responsible for any damage from theft, or disappearance of either the machines or the merchandise from breakin or burglary, power failure due to hurricane, electri- cal storm, Acts of God, or other acts beyond the control of the CITY. The LESSEE shall stand loss for all slugs and shortages. QUALITY CONTROL OF COMMODITIES - IiINIMUM SPECIFICATIONS 1. Coffee - Chocolate - Soup Machine brews coffee only as needed. Soups are kept at approximately 150 degrees Fahrenheit, maximum of three (3) days under heat, or as specified in manufacturer's specifications. 2. Hot Canned Food Products are kept at approximately 150 degrees Fahrenheit, maximum of three (3) days under heat as specified in manufacturer's specification. 3. Sandwiches Sandwiches will be individually wrapped and pre- pared under sanitary conditions. All chilled ` U ' `:�' I \ i ! Eod will be kept below 45 degrees Fahrenheit to DOCL M EN sure freshness, a 24-hour shelf life will be FOLLOW" maintained on all sandwiches. Allhot foods will be kept at approximately 150 degrees Fahrenheit and a 24-hour shelf life will be maintained. LESSCE'S equipment is to be designed so that in the event of a power failure, no perishable 13 product Can bo obtained until serviceman has fist checked its (polity. : Candy = Crackers - Gum - tagged Items Freshness is insured by proper rotation of stock. Only nationally advertised brands will be used. 5. Cigarettes Only nationally advertised products will be used. Variety will be featured in every machine. 6. Canned Drinks Only nationally advertised products will be used. Variety will be featured in every machine. 36. BOLD HARMLESS PROVISION LESSEE shall indemnify and save harmless the CITY against any and all claims, suits, actions, damages or causes of action arising during the term of this Lease Agreement for any personal injury, loss of life, or damage to property sustained in or on the leased premises by reason of or as a result of the LESSEE'S occupancy, use, activities, and operations therein, from and against any orders, judgments, or decrees which may be entered thereon, and from and against all costs, attorneys fees, expenses, and liabilities incurred in the defense of any such claim and the investigation thereof. 37. RISK OF LOSS LESSEE agrees to assume all risk of loss, injury or damage of any kind or nature whatsoever to property now or here- after placed on or within the leased premises or to the contents of the leased premises belonging to the LESSEE or to any goods, chattels, merchandise or to any other property that may now or hereafter be placed upon said leased premises, whether belonging to the LESSEE or others, whether said loss, injury or damage re- sults from fire, hurricane, rising water, or from any other cause or contingency, 38, DEFAULTS In the event the. LESSEE fails to comply with any term and condition of this Lease Agreement, or fails to perform any of the terms and conditions contained herein or fails to comply with the written directions of the City Matzager of the CITY, or is indicted for a crime, or otherwise discredits the CITY, then the CITY, at the CITY'S sole option, upon thirty (30) days written notice may terminate this tease to the LESSEE. All personal property placed on. the premises by LESSEE in ten (10) days, (exclusive of Saturday, shall be removed with - Sunday or holidays) of the termination date of this Lease. Removal of property or equip- ment is subject to the provisions of Paragraph 20. 39. ATTORNEYS FEES In the event it is deemed necessary by the CITY to file a law suit in the appropriate court of law to enforce any of the terms and conditions of this Lease Agreement or to require the LESSEE to perform any of the covenants or terms and condi- tions as provided herein, then the LESSEE agrees that he shall' pay to the CITY reasonable attorney fees should the CITY be the prevailing party. 40. SURRENDER OF PREMISES LESSEE will quietly and peaceably deliver the leased premises to the CITY in the same repair and condition in which they were received at the expiration of this lease agreement. 41. WRITTEN NOTICES LESSEE agrees ment must be in writing to the LESSEE delivered Florida. 42. CAPTIONS that all notices under this lease agree - and shall be deemed to be served when at 321 191st Street, Miami Beach, •, Fw. E The captions contained in `1-ease agreement are inserted only as a matter of convenience and for reference and in no way define, limit agreement or the intent or prescribe the scope of this lease of any provision thereof. 43. BINDING -ON SUCCESSORS This lease agreement shall be binding upon the CITY ORO mmr ffiNg mmm and the LESSEE, their successors and a ,signs, 4nd they shall abide by each of the terms and conditions hereof. 44. CAWCELLi1vr'Iot1 BY CITY The CITY reserves the right to cancel, terminate and declare this lease agreement to be null and void at its sole option in the event said leased premises are needed by the CITY for a purpose other than as a concession or in the event: the premises are no longer used as a main police station. Notice of cancella- tion shall be given in writing, and shall be deemed to be served when delivered to the LESSEE at the leased premises at the City of Miami Police Building, 400 N. W. 2nd Avenue, Miami, Florida and shall provide an effective date of cancellation, which shall not be less than ninety (90) days from the date of notice by the CITY to the LESSEE. 45. CANCELLATION BY EITHER PARTY Either the CITY or LESSEE may terminate this Lease Agreemant for good cause upon sixty (60) days notice in writing stating the reasons for the cancellation to the other party. IN WITNESS WHEREOF, the parties hereto have caused this Lease Agreement to be executed in their names by their duly authorized officers, all as of the day and year first above written. THE CITY OF MIAMI, FLORIDA a municipal corporation of the State of Florida By ATTEST: CITY MANAGER CITY CLERK H & Ii FOOD SERVICES, INC. PRESIDENT PREPARED AND 11PPROVFP BY AA•ii k), ATTEST; A1'I.'ROVJ D 7,S TO FORM AND CORRECTNESS GLO1tGE F, IK:NOX, JR., , CITY ATTORNEY - 16 -