HomeMy WebLinkAboutR-77-0483tESCl ,I.tTtOWW NO
A RESOLUTION AUTHORIZING AND DIRECTING
THE CITY MANAGER TO ENTER INTO AN
AGREEMENT WITH THE BUREAU OF BLIND
SERVICES FOR THE FOOD AND BEVERAGE
CONCESSION AT rLAGLER MINI DARE.
• WHEREAS, the City of IVliartji has cot.strttcted a`$vliti Par
at`4b :West `lagler StreeU e.tid
WHEREAS, a food, beverage', sundry and cut flower.:
concession is an integral part of the facility; and
WHEREAS, the Bureau of Blind Services, a State of Florida
gency, desires to operate the facility; and
WHEREAS, the City of Miami desires to assist the Bureau
of Blind. Services by, providing the concession facility at Flagler lvlini
..� Park;
NOW, THEREFORE, BE IT: RESOLVED' BY THE COMMISSION
OF.THE CITY, OF:MLAMI,. FLORIDA:
•
Section 1`. That the City Manager is hereby authorized and
directed to enter into an agreement with the Bureau of Blind Services, a
State of Florida Agency, a copy of which is attached and made a part
hereof, for, the food and beverage conession at Flagler Mini Park.
PASSED AND ADOPTED this 9TH
ATTEST:
CITY CLERK
PREPARED AND APPROVED BY:
ASSISTANT CITY ATTORNEY
RVEIL AS TO FORM AND CORRECTNESS;
�/-�-... y nD ��TT
4TRO x liN x, J e , CiITY� TORNFY
day of JUNE
,'1977.
MAURM A A R ERRE
rEfOCUMENT NDEX
ITEM NO.
CITY COMMISSION
MEETING OF
'J U N 9 1977
R77-4
MOW NO .,..,�
3
f rt1t tt
is L. 1se � : 'reetiirtlty Maid :,itit{ 6 filtered
of u , _ �....., s '' "r by ►titl l�E!t�4`eelt tl,e I "F Ol'; 1L�.�{{�" '
a tYi t t1 113.yl c.orlsorzitioki nt Atte State of., eitisftei� itefei�ied to its
-itVt'�► rind itireati ltla.Ageticy : e c:ibaftre
•referretl to as
\11-1ER1 AS, in cottjtinctioh'with the leasing of the premises, the
:,essee shall have the e<clusive right to offer for sale and sell food,
everagescigars and cigarettes, sundry items as .tell as fresh.' cut flowers
in the new city of Miami,' Fla ler
NOW, THEREFORE, iri consideration of the premises and rriutita1;.
covenants hereinafter contained to be observed and performed, and for
Mini Park described in this lease.
One Dollar (SI. 001, receipt of which is hereby acknowledged,
and other good
anti valuable consideration, the parties hereto do hereby covenant and agree,,,
follows:
1. •DESCRIPTION OF '''REMISES`
The Cityhereby leases to Lessee and :Lessee hereby leases
frorn:;City, the food, beverage and tobacco concession located at the-Cit
of Miatni Fla;ler Mini Park, 46 \Vest F agler, Miami, Florida..
USE OF PRE Mt1SES
Lessee shall ha<<
the eclus ir}glit to offer for sale, or
sell, food, beverages, . cigars. and cigarettes, . sundry ittm and fxesl cu
flowers subject to specifications and qualifications hereinafter contained
and in al
of 4:he provisions ;of (his lease agrcetxteft,
essee shall tise
file .prey isas fo .. .he primary purpose'af op).cratit n'a food and: beverage.
concession,
QUMErn
OLLOW'
(b) Less'ee shall akt,fib "utilawfat ii 1 lf�t pn.t otti oftettsl ,tlsd e
the i asd
This itd a11.:1,ight ot'the l esse'o ha linrle
s1i411.4 at.'tlie 6,0(1oil °off the ti�y� Cease:,nittl.ttit`fiiih ih ttlioh tit �Clei tt'niiaf cti "o
Clio stated itse tiit t p0taiiotj of the
s
m.ses by the Lessee,
Tlie ternof this leaso.•ag *eetlietit shall be fo1' a lieriod:ot three (3):
ears cote neitcin on the .7-
.. � da�i �of � 19 r 7, antl
day of ,.. ' _ :. 1980►
.• : 1�1�`Ti.
In lceepitig with the City!desires to actively participate in the
Bureau of the Blind :Services,' and recognizing the 'unique public service
provided by the Lessee, rental for the facility is waived,
FOOD AND, BEVERAGE.STAN IbA RDS
All food and beverages will be of the highest qualities.
6. HOURS OF OPERATION
Hours of operation. of the leased concession facility shall be such,.
as to provide the maximum' convenienceto those served and shall be as
mutually determined by the City and the Lessee. : Minimumhours of operation
shall` initially, be from 7:30 a.m. until 6:.00 p. in.`' each day except Sundays.
n addition to Sundays, the facilitymay be closed on any official holiday
recognized by the
City of Miami o; the State of
Florida,
• ,-UTILITIES;' `. :
The City will provide and designate at no cos ,r thespace and;
location for the concession.
•
The Lessee at the Lessee
sole cost an
expense shfl provide all utilities:_ including but not linited;.to electricity,
water,
gas and sewage disposal.
Trashand garbage removal shall`` be
accomplished at the sole cost of the Lessee,
$,. CONCESSION MANAGEMENT:
•Tile:`Lostsee
�pQet.Qcl by: fire :pity ,to p ovtde. •this•c'otce sign:
t
itkpersd1ati2ttl at ebtioti as Ile a.ft'is its thahghctht Abscthtd itia.tiages
•thett �liiiariagerhefi't kvtiereifi the Lesseei.s iitttd dr lid dotitadt kvith the,
dotleesSidti eilibloyees a.hel does hot petSoria.ily visit thd tOriedgiOha•rda
1-4egiita-iiy.'),w111..16,•ttitaccei)table"f6'.t1teOity
to.tedilati(in of the Lease At/reet-i-tetlt.
9. ,Antks_,Pr_ LEA8t:
The lease area shalt be the concession faellitY n the rlagler
.„. •
•Fagli1:••St1eet 1iann
• ' • ' " ' • .• •
•
10. ASSIC1NMENT Or, c-0,NT4AC T:
T hc.,. Lessee shall tot, at any time during the tenure of the
. • „ . .1. 1,
Lease, sublet any part of his concession or assign any portion or part o
Contract, except under and by virtue of pernlission granted by the City
• • • ' , • -
Comrniss!onthi'ough the proper offic&als., or as part of the Lease.Agreeinent„.,„...
" • • . .1 „
.1 • ,`“
*here specifically autlioriz'
11. RELEASE OF CITY FRON1 LIABILI'TY:
The Lessee shall release and discharge the City•frorn any and
all liability for the loss of his irterch.-mdi se. goods, equipment or other
property of the restaurant. and/or concession if lost, damaged, destroyed by
fire, theft, rain, water, or other causes.
12. CITY' RIGHT TO EXAMINE PREMISES:
The Lessee shall make available all areas of the premises
under Ills control for examination at any reasonable time by the City
Manager and/or his duty authorized representati.ve.
)3, COMPLIANCE WITEI APPLICABLE LAWS;
The i-essde shall abide by all rules, regul-ations, and taws of the
City of Miarni, County of pacio, and the State of Florida, now in force or
hereafter adopted, an the written rule5 anc regulations estabtished by the
City Managpr ,),1j.14 ,c1 ply aulliorirueci repre5entative•
•
• , • • • • , . .
• • •
TIC " Losfio�� tli ott It � apc f feia'1s� sv`e`s tii i lit a
autliori'ity,`ti p d.s` t;ii � t3.tles e t t i tri tia`ti i o;
aditisi ltiat`te,
P68'111\10 :AND CONT 01 C '_:.PIUUCE 51G1\15 `( 'ooti aitd 1evei'age)
he'Lossee shall. piov!do' cats teueus 1'pcatikri's
and' have ,posted 1n p
signs she i iiig tho pricos of all edit to coriz iio ltties. i7e, loeat oti anti coiia
tent of said sighs
sliall be 'subject tie ap'pi°o ffal of. trio Cit t Nana .and/off his•
duly autl on etl i'epresetits.
li re.
16 i ADEQUA TI•;_ S[J PPL t S Ole` ,M C IA NDI5 . ANb--C O1�I �COb tES ,
The Lessee agrees to keep`. on hand at -all -tithes a sufficient
supply of all merchandise and commodities to adequately serve the public.,:
17. INSURANCE: ..
The Lessee shall carry, at his e:pease, at least'$300,000
per occurence. Public Liability Insurance including Products Liability,'
$25, 000 Property Damage Insurance, and shall name the City of, Miami
as an additionalinsured on said policy. Copies of insurance policies
shall be filed with the Property and Insurance Manager of the City of Miami,
Florida,.before the Less p openu 'ss.:
Lessee will be erinitted tofor using
LICENSES:
The Lessee shall acquire and pay for the necessary licenses
required for the operation of his business; and shallbe responsible for the
payrnent of any, and all taxes levied on his or his operation, , by► whatever
taring entity.'
19. EQUIPMENT:
q.ho:'Lessee .sl all furnish any additional egitipt�ient netessy a1.#o r
concession operation anc will l?e pertl�ittecl.to either rest "and/ lease t ew
"equipment at his e; pease,':.
lie maypurehas¢..aadupnza still be,,
SU PPORTIVE
DOCUMENTS
FOLLOW"
retrioved byLtggdd his •'YttieriSe' -at tlid trit1 tfir tlie basd 111.15firldfit
Dtht 1ii6H:ftroit'ierty
• . • MottWrIN ON WALLS :
• • . . .
.......„.„ „ .• „
the Les -see shalt hOt •put hails) hook, 0 t ithi1ai Objetts thd
wane without the aptitoval ot the dity 1N/tanager aridior his duly auttiorlte
teptesentativek
21. ,d...U...ST,Q1?tAL,._AND ANttOSE1wtC:
.,
'The Lessee shall furnish 3.11 custodial a.nd janitor'- services requited
o':inaintS.in daily the concession 'areafin Clean :and sanitary condition.' :The',
,i1,..eeeee.,aleo;agreta that he Witt maintain the premises : a maer.consis1ent
with or
demanded , by :1-lealth:DepattrnetitS and Pure :Food: t.::.tarrkinere andalso
that the premises will ata.11 times be kept open for proper inspection by any
other agency having jurisdiction thereto.
22. ALCOHOLIC BEVERAGES:
No wines, beers, liquors, or alcoholic beverages of any kind or
• nature' shall be sold, •offered. or given away. ' '. .: '. '
23, EXTERMINATORSERVICE: ' . • ., ,..,;
The Lessee sha.11 engage an exterrriiriatoi.- to control vermin and '
pests on a biweekly basis at his expense. 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 Iduly authorized representative.
•Theareas to be serviced by the exterminator includes all areas
where food' is dispensed, stOred, and consumed.
24, MAINTENANCE; •,
The Lessee shall be responsible for all. necessary I
ireotly related to the Concession,
Logged agIees that these shall lie he tlis'ciireinatii ti as t- ate,
streed, color b tia:tides.' or'igiti
tY. cotifieetUOfi Willi led t:l , sicd
ailltetiat cd, bt Operatiotl`of the leased ptetrruses,
26 S ,1)_ittc GON11 RoLeAL C;O MOt?I'1'I 4
Sales prices of itehis offered 'for stile shall initially be approve
jy the "City Manager or his atith ortted representati ve, . Any and all subsequent
changes to,prices, sues .weights `oi tluat�tities"of.ite ns offered foxy sale shall
e sttbject'to C.ity.Manager review. an'd.appro\+aL
27, EMPLOYEE, QUALMICAT1ONs:
he Lessee shall employ only people to_work :'_at this facility who
I f required by appropriate. Law, Advice, Rule orRegulation are .literate., neat,
clean, well groomed and courteous.They must also possess health certificates
if required."
28. TRASH, RUl313ISH,`. AND GARBAGE DISPOSAL!
The Lessee shall provide, at his expense, all garbage, trash and
rubbish receptacles within the confines of the leased area
29.,E 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 authorization from the City
anager or his duly authorized representative.
30, ,'BUILDING MAINTENANCE MAJOR REPAIRS:
City assuzne all reasonable The will make and sonand needed major'
repairs or maintenance to the actual structure of the building, at such
times as required,
„SUPPORfPd
DOOLLOW'f
•
1; 1 �s 1 1 11T 0'1,4 l<l 1 1PI C VI M•Ei
tie Ldsse+s s1i :i1 acedpt the 'building ' :s'
anger.
t ill 01a0t the'.lessee -additions, -itni5bvat chts; and cite
bons to the facility for his owls convtcnicrice, provided that prior approval is
obtained trorn the City Matiat;er. before such actions are undertaken, and
proviried. that such atlditiotis, irnpi'oveii�erits, etiel alterations become the
•
property of the City upon expiration of. the Lease, All additions; i3nprovernenis►
and alterations made by the Lessee shall ;be done at Isis expense. Any.and
l ut Elie Cif
all furniture, table, chairs, etc► shall be ;in accordance with the architectura
planning of the park and subject to prior approval of the City Manager,
3 , I3UILDJNG INSURANCtt
The City will carry structural 'and content insurance, (on that
which is ,owned by. the City of A4iami), for 'the perils of fire, extended coverage
and malicious vandalism.
3..'MODIFICATIOIS;
Additional equipment may be added
to theexisting installation upon
written``request of the. Lessee with the approval of the Chief of Police or his
designated representative
4.:'HOLD HARMLESS PROVISION
Lessee shall indernnify and save harrnless the City against an)
andall claims suits, actions, damages or causes of action arising durin
the term .of this lease agr,eem3nt
or any personal injury,`' loss of life, or
ainage;to propertysustained in or on the leased premises by reason of or
sSce s; occu pant e, activ 1t7.L',
as a result of tl�e .i-.e,= ,
p Y,. us s, aid o��oratitans,tlier�i�z,,
froniz and: eigaznSt any orders judgr ents, or 'decree.' wh ch may be entered
thea'eoJ�; a�aci frox� ar1�l agai }st all cots, a4terneys fees, ,espe set;
and l%a.1a11tics
ate ur.recl:31� th+ defeaase.:of any Such olala � tl e.ln'est at?c, 11�o'e:of,
tlic:.City. in.the same • repair and ,c.onditioti i �F}iici
s_1easc a&reeriit
artiy >tir��1
i tr
4:0ssee agrees:to asset il,c all r' slt tit: ti5's .
'at ire 'kvliatsoeVer hereaftt;r l0.eet1 oit•o
Within 't ie leasetl:ir'eti tses otr to. the t ihten`ts of the leased p et ices betotigiti .
o the I;essee of to• any~ ^gotitls, chattels, mer'c}iandise: d.rr, to my othei= p°ro et'ty
that.itiay'°•oi''licreaftet• :lic �ilace iipti paid le.ase�.l:--1i
t'etni`s e s
whether
belonging to the Lessee oY. ithe3's;. whether said;1.oss, injJ r'y or darns
res,lilts.frotii tire, htrr'i'icarie,
sink; Watei'j or' frori an}r other cause d
contitigeticy,,'
ifs►
In the; event: the Lessee fails to'coinply with each and every term
and-condition.of this lease agreement; or fails to perform any of the, terms
and' conditions contained herein p y i c.
z,� or�:;fails �to �cona l �� i�ith;thi, written directions ..
of the City ilanagcr of the City; oris indicted for a crime; or otherwise
discredits the City, within thirty (30) days afterv6"ritten notice thereof is
given to the Lessee, then the City, at the City's sole option and without further
notice or
demand to the Lessee,. inay cancel and term inate this lease agreernen
and" said .lease agreement shalt:be null and void 'and no further: force and effect,
and the Lessee shall forthwith vacate the leased premises.
37. ATTORNEYS FEES:
r.. ity
In the; event it is deemed necessarybythe Cit to file a law suet in
the appropriate court of law to enforce any of the terms and conditions of this
lease agreement or to require the Lessee t-o perform any of the covenants or'
terms conditions as provided herein, :then the Lessee agrees that he
shall pay to the City reasonable attorneys fees,
SURRENDER`LOF PREMISES;
•. •Lesse'e wiii ciu: ptty and peaeeably•rleliv.et the lea;d preilti; es to
tilcy �v:era :ree,ei4o4.t lh .
sNot
easee, a rti6a t1at all fibiltes t ttde 't ti5 � :use gfe fiteht gust
e.it t�v i'ti i att $11a11ered`'tc the Less't5
at t �e tty of" NtiaroiHtielartmenL of, 1'at t ,:,anda o 33tl7b8
tiat�ii,'ltirda 33133 :
(�1�t`C5iV6=
T1ie captionseontained in this lease:,:agreement.rare InSerted..TOtt jt
as a y tt`1a.: r
tter.;of cariVettence and for referenceniv
and ino e,"define`litnit� o
ai escribe th`e.. scope of this: lease
_$ .. _ _� � • or the intent of any provision thereof.
ethent
•. ea 1e.
41 13Ii'JbiN ON SUCCESSORS
` his lease agreei-nent and the Lessee,
lieu successors ,and assigi s; and"they shall abide,by each of,the"terms and
conditions hereof.:.
• CANCELLATION l3Y CITY.'
The City reserves the ,right: to cancel. 'terminate and declare this
ease agreernent to be null and -void al itssole option in the event said leased
premises, areneeded by the City for
a purposeother than as ,a
concession.
Notice �
N of cancellation shall be given in writing, and shall be deemed to be
rved when delivered to the Lessee, at the leased premises at the:, City of
Miami Flagler Mini Park, 46 West Flagler, Miami, Florida and shall
provide an effective date of cal collation, which shall not be less than ninety
90) days from the date of notice bythe City to the Lessee.
IN WITNESS WHEREOF, the parties hereto have cause
this lease agreement to be
executed in their names by their duly authorized
officers:, all; as of the clay and year first above written.
ity1ez�l
11f '�aha1,Gr : -
L?REA ,T 017,, 3LIND SER\+-IC
ity'"taget
f r?u',t Alit 141 l iVai'dy 1 edt:
epa.'rttiietit of t'a:ixks ;and Aec reatioti
ay 24 1t)77
I egotiations hate been coilipleted with the l3ttreau'of Blind:
Servieesi a. State ef;F`lorida Agency; for the '.operation -Of
the concession'. facility at Flagler Mini Parltr`,
Tile attached lease provides for the Bureauof Blind services
to operate the concession facility at`F"lagler mini rani. 'tor
a,three year period,
In creeping with the City's desire to; activelypromote and
participate in programs designed to assist the- handicapped,
the proposed lease provides that the Bureau. of Blind Services
will operate the concession facility without payment to the
City. However, all utility "expenses,' equipment and operating
elpenses are assumed by the Bureau of Blind .services.
: tt is recornzZended that the .attached proposed resolution%be•,.
presented to the City Co�iimissien foi ad ption.
AHH/JL/dw .
encl.