Reso 2013-2163 - Laserfiche WebLink

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THIS MANAGEMENT AGREEMENT ( "Agreement ") made and entered into this day of 2013, by and between the CITY OF SUNNY ISLES BEACH, a municipal corporation of the State of Florida (hereinafter referred to as "CITY') and AMERICAN FEDERATED TITLE CORP. AS TRUSTEE UNDER FLORIDA LAND TRUST #3258 or assigns, (hereinafter referred to as "MANAGEMENT"). WITNESSETH: WHEREAS, pursuant to Letter Agreement dated November 25, 2008, the CITY and DR. ROBERT CORNFELD or assigns ( "CORNFELD ") entered into a public/private partnership agreement to rebuild the Historic Newport Fishing Pier (the "Pier" ); and WHEREAS, the CITY has a desire to enter into a management agreement for the Pier exclusive of the restaurant and bait shop with a corporate entity affiliated with CORNFELD; and WHEREAS, the CITY wishes to provide MANAGEMENT with the exclusive right to manage and operate the Pier on behalf of the CITY. NOW THEREFORE, in consideration of the premises and mutual covenants hereinafter contained to be observed and performed, the parties hereto do hereby covenant and agree as follows: 1. DESCRIPTION OF THE PIER, RESTAURANT FACILITIES, AND BAIT SHOP For and in consideration of the mutual promises herein contained, MANAGEMENT agrees to assume full management and operation responsibility of the Pier located at 16501 Collins Avenue, Sunny Isles Beach, Florida, which is owned by the CITY (hereinafter referred to as the "AREA"). The term AREA includes the exterior of the Pier but excludes the indoor restaurant and bait shop areas. 2. COMMENCEMENT DATE. The Commencement Date is the date that the City has transferred the operations of the Pier or Area in writing to MANAGEMENT. MANAGEMENT shall commence full management of the Area no later than thirty (30) days from execution of this Agreement by the City. 3. SCOPE OF SERVICES MANAGEMENT hereby agrees to perform and furnish services necessary for the operations, supervision, and management of the AREA. It is the intent of the parties that MANAGEMENT will be responsible for the day -to -day operations of the AREA and all activities therein except the operations of the restaurant and bait shop. MANAGEMENT shall be subject to policies and procedures which, from time to time, hereafter may be established by the CITY but which shall not unreasonably interfere, impede, or impair the ability of MANAGEMENT to effectively manage the AREA. The following services shall be provided: (a) Admission to the Pier. MANAGEMENT shall have the exclusive right to manage the Pier and fishing activities on the Pier. MANAGEMENT shall charge a fee of no more than $5.00 (Five Dollars) to non - residents of the CITY. MANAGEMENT shall charge to residents a discount fee,