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REVOCABLE PERMIT
ISSUED BY THE
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TO
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BAYSIDE SEAFOOD RESTAURANT, INC.
FOR THE USE OF THE RESTAURANT AREA
LOCATF;D AT MARINE STADIUM MARINA
(f/k/a Virginia Key Marina)
3501 RICKENBACKER CAUSEWAY
MIAMI, FLORIDA
Issued this 6l \ day of 1994.
ATTEST: CITY OF MIAMI, a municipal
corporat'on of the State of
Florid
CESAR H. ODIO
CITY MANAGER
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APPROVED AS TO INSURANCE
REQUIREMENTS:
APPROVED AS TO FORM AND
CORRECTNESS:
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ROLLASON, DIRECTOR
RISK MANAGEMENT DEPARTMENT
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CONTENTS
1. DESCRIPTION OF AREA
2. TIME
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3. PURPOSE AND USE
FEE
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5. LAWS APPLICABLE
6. UTILITIES
7. NO ASSIGNMENT OR TRANSFER
8. CONDITION OF AREA
" 9 IMPROVEMENTS
10. MAINTENANCE
11. CITY'S RIGHT OF ENTRY
12. RISK OF LOSS
13. INDEMNIFICATION
14. INSURANCE
15. PEACEFUL RELINQUISHMENT
16. GENERAL CONDITIONS
17. ADVERTISING
18. NONDISCRIMINATION
19. VIOLATIONS
20. TAXES
21. INTEREST CONFERRED BY PERMIT
22. AFFIRMATIVE ACTION
23. MINORITY/WOMEN BUSINESS UTILIZATION
24. ENTIRE AGREEMENT
25. AMENDMENTS
26. WAIVER OF JURy TRIAL
27 COURT COSTS AND ATTORNEY I S FEES
28. MODIFICATIONS
29. AUDIT ~ G H T S
CORPORATE RESOLUTION
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1. DESCRIPTION OF AREA
REVOCABLE PERMIT
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The City of Miami (hereinafter referred to as the "CITY")
hereby issues this revocable permit (hereinafter referred to as
the "PERMIT") to BAYSIDE SEAFOOD RESTAURANT, INC., a Florida
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corporation, (hereinafter referred to as the "PERMITTEE"), for
the purpose of and under the conditions hereinafter set. forth,
permitting said PERMITTEE to use the restaurant concession
consisting of approximately 4,000 square feet of outdoor deck
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dining area and approximately 2,000 square feet of endlosed
( kitchen and dining area, and the existing equipment which is more
fUlly described in Exhibit 1, attached hereto and made a part
hereof, located in Marine stadium Marina (formerly known as
Virginia Key Marina), 3501 Rickenbacker causeway, Miami, Florida,
(hereinafter referred to as the "AREA").
CONDITIONS
2. TIME
This PERMIT shall be valid on a month-to-rnonth basis
commencing on December 1, 1994, unless otherwise revoked as
provided below. This PERMIT may be revoked by the city Manager,
with or without cause at any time by delivery of a written notice
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of revocation, thirty (30) days prior to revocation.
3. PURPOSE AND USE
PERMITTEE's AREA shall be used by the PERMITTEE to operate a
restaurant selling food, beverages, including
alcoholic
beverages, and tobacco.
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4. FEE
On or before the 15th day of each month, beginning with
January 15, 1995, and continuing during the effective period
hereof, PERMITTEE shall pay to CITY for the use of the AREA a
monthly fee of Two Thousand Five Hundred Dollars ($2,500.00) plus
ten and three tenths percent (10.3%)" of its monthly gross
proceeds. Gross proceeds shall mean the aggregate of t ~ e gross
sales or gross volume of business done on the described premises,
whether or not collected. Gross proceeds shall be stated on the
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Monthly Report form provided 'by CITY, which shall be signed by a
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\ duly authorized officer of; the PERMITTEE, setting forth the
amount of gross proceeds which were derived by PERMITTEE during
the immediately preceding month.
5. LAWS APPLICABLE
PERMITTEE accepts this PERMIT and hereby acknowledges that
PERMITTEE's compliance with all laws of the State of Florida,
Ordinances of the City of Miami and Dade County, Florida,
pertaining to the operation and maintenance of the AREA,
including but not limited to building codes and zoning
restrictions, is a condition of this PERMIT, and PERMITTEE shall
comply therewith as the same presently exist and as they m ~ y " be
amended hereafter.
6. UTILITIES
PERMITTEE shall pay for all its utilities consumed at the
AREA, including but not limited to electricity, water, gas and
telephone charges, including the cost of installation of any
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lines and equipment necessary. PERMITTEE shall be solely
responsible for payment of all stormwater utility Fees imposed
upon the AREA.
7. NO ASSIGNMENT OR TRANSFER
PERMITTEE cannot assign or transfer its privilege of entry
and use granted unto it by this PERMIT.
8. CONDITION OF AREA
PERMITTEE hereby accepts the AREA in its present condition
and shall maintain it in good condition, order and repair.
9 IMPROVEMENTS
PERMITTEE agrees that no construction, repairs, alterations
or improvements may be undertaken upon the AREA unless the plans
are:
A. Submitted to the Office of Asset Management and
Capital Improvements for review and prior approval
which approval shall not be unreasonably delayed or
denied;
B. Approved by all departments and offices of the
CITY having jurisdiction thereof; and
C. In compliance with all State, Dade County and city
of Miami rules and regulations.
All additions, partitions, or improvements shall become the
property of CITY and shall remain a part of the AREA at the
expiration of this PERMIT. The cost of renovation of the AREA as
to alterations, additions, partitions or improvements shall be
borne by and is the financial responsibility of PERMITTEE.
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Prior to the expiration date of this PERMIT or the effective
date of any earlier termination, PERMITTEE shall have the right,
to remove any movable personal property or trade fixtures that it
places on the AREA, however, if any removal of machinery,
equipment, or trade fixtures shall injure or damage the AREA,
PERMITTEE shall repair such damage at its own expense. Any
personal property or trade fixtures remaining at the after
the termination or expiration of this PERMIT shall become the
property of the CITY.
PERMITTEE also hereby to pay for and obtain all
, necessary and applicable permits' in compliance with all state;
Dade County and City of Miami laws, rules and regulations in
connection with any additions, partitions or improvements made by
PERMITTEE to the AREA.
10. MAINTENANCE
PERMITTEE shall at PERMITTEE's sole cost and expense
maintain the AREA, including all plumbing, electrical, heating /
and gas facilities, in good order and repair at all times, and in
an attractive, clean and sanitary condition during the period of
this PERMIT or any extension or renewal hereof.
11. CITY'S RIGHT OF ENTRY
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CITY, or any of its properly designated agents,
representatives, or employees, shall have the right to enter the
AREA during all reasonable working hours, to examine and/or
inspect the same.
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12. RISK OF LOSS
PERMITTEE shall indemnify and save CITY harmless against all
risk of loss, injury or damage of any kind or nature whatsoever
to property now or hereafter placed on or within the AREA and all
risk of loss, injury or damage of any kind or nature whatsoever
to the contents of such building or improvements made by
PERMITTEE to the structure or structures, or to any goods,
chattels, merchandise or to any other property that may now or
hereafter be placed upon the AREA, whether belonging to PERMITTEE
or others, whether said loss, injury or damage results from fire,
hurricane, rising water or from any other cause or other
contingency, and whether the same be caused by the claimed
Inegligence of CITY or any of its employees, agents or otherwise,
and shall keep CITY harmless from all claims and suits growing
out of any such loss, injury or damage.
13. INDEMNIFICATION AND HOLD HARMLESS
PERMITTEE covenants and agrees that it shall indemnify, hold
harmless and defend CITY from and against any and all claims,
'suits, actions, damages or causes of action arising during the
period of this PERMIT or any extensions or renewals hereof, for
any personal injury, loss of life or damage to property sustained
in or on the AREA, by reason of or as a result of PERMITTEE's use
or operations thereon, and from and against any orders,
jUdgments, or decrees which may be entered thereon, and from and
against all costs, attorney's fees, expenses and liabilities
incurred in and about the defense of any such claim and the
investigation thereof.
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14. INSURANCE
PERMITTEE shall maintain throughout the period of this
PERMIT and through any periods of extensions or renewals, the
following insurance:
A. Commercial General Liability, Comprehensive
General Liability or its equivalent, including
premises, operations, and contractual coverages, with,a
combined single limit of at least $1,000,000 for bodily
injury liability and property damage liability.
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B. Any other coverage deemed necessary in the course
of business, broad form property coverage in building,
fire, flood, windstorm and extended coverage on a
replacement cost basis and worker I s compensation as
determined by State law.
C. The City shall be named an additional insured and
Loss Payee on all the required policies of insurance.
Required pOlicies of insurance shall be so written that
the policy or policies may not be cancelled or
materially changed without thirty (30) days advance
written notice to the CITY.
D. A current certificate and Policy of Insurance ,'/
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showing the required coverage shall be supplied to the
Office of Asset Management and Capital Improvements of
the CITY. Insurance policies required above shall be
issued by companies dUly authorized to do business
under the laws of the state, and approved by the CITY
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with the following qualifications as to management and
financial strength: the company should be rated "B+"
as to management, and no less than class "X" as to
financial strength, in accordance with the latest
edition of Best's Key Rating Guide, or the company
holds a valid Florida certificate of Authority issued
by the state of Florida, Department of Insurance, and
is a member of the Florida Guarantee Fund. Receipt of
any documentation of insurance by the CITY or by any of
its representatives which indicates less coverage than
required does not constitute a waiver of the
PERMITTEE's obligation to fulfill- the insurance
requirements herein.
15. PEACEFUL RELINQUISHMENT
At the expiration of the PERMIT period, PERMITTEE shall,
without demand, quietly and peaceably relinquish, surrender and
deliver up possession of the AREA in good as condition as it was
at the beginning of the PERMIT period. Peaceful relinquishment
is also required pursuant to the provisions of Section 19 hereof,
or as provided in Section 2 hereof or as may otherwise be
directed by CITY.
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16. GENERAL CONDITIONS
A. Notices:
All notices or other communications which may be given
pursuant to this PERMIT shall be delivered in writing, by
personal service or registered mail, and shall be addressed to
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CITY and PERMITTEE as follows:
CITY OF MIAMI
city Manager
Attn: Asset Management
City of Miami
P.o. Box 330708
Miami, Florida
PERMITTEE
Bayside Seafood Restaurant
Attn: Rolf Gerstner
3501 Rickenbacker Cswy.
Miami, Fl. 33149
or
Claude Laroche
490 Northeast 91 Street
Miami Shores, Fl. 33138
: reference and are not a part of this PERMIT.
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Such notice shall be deemed given on the day on which personally
served; or, if by mail, on the fifth day after being posted or
the date of actual receipt, w?ichever is earlier.
B. Title and paragraph headings are for convenient
C. Waiver:
No failure on the part of the CITY to enforce or insist upon
performance of any of the terms of this PERMIT, nor any waiver of
any right hereunder by the CITY, unless in writing, shall be
construed as a waiver of any other term or as a waiver of any
future right to enforce or insist upon the performance of the
same term.
D. Should any provisions, paragraphs, sentences, words or
phrases contained in this PERMIT be determined by a court of
competent jurisdiction to be invalid, illegal or otherWise
unlawful under the laws of the State of Florida or the city of
Miami, such provisions, paragraphs, sentences, words or phrases
shall be deemed modified to the extent necessary in order to
conform with such laws, and the same may be deemed severable by
the CITY, and in such event, the remaining terms and conditions
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of this PERMIT shall remain unmodified and in full force and
effect.
17. ADVERTISING
PERMITTEE shall not permit any signs or advertising matter
to be placed either in the interior or upon the exterior of the
AREA grounds without having first obtained the approval of the
City Manager or his designee. CITY reserves the right tp erect
or place upon the AREA an appropriate sign indicating CITY I S
having issued this PERMIT.
18. NONDISCRIMINATION
PERMITTEE shall not discriminate against any persons on
account of race, color, sex, religious creed, ancestry, national
origin, mental or physical handicap, in the use of the AREA and
improvements thereon.
19. VIOLATIONS
If PERMITTEE in any manner violates the restrictions and
conditions of this PERMIT, then, and in the event, after ten (10)
days written notice given to PERMITTEE by the City Manager within
which to cease such violation or to correct such deficiencies,
and upon failure of PERMITTEE to do so after such written notice,
this PERMIT is hereby revoked automatically without the need for
other or further action by CITY.
20. TAXES
During the period of this PERMIT, PERMITTEE shall pay any
and all taxes of whatever nature lawfully levied upon or assessed
against the AREA.
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21. INTEREST CONFERRED BY PERMIT
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The provisions of this PERMIT do not constitute a lease and
the rights of PERMITTEE hereunder are not those of a tenant. No
leasehold interest in the AREA is conferred upon PERMITTEE under
the provisions hereof.
22. AFFIRMATIVE ACTION
PERMITTEE, shall have in place an Affirmative Actiqn/Equal
Employment opportunity Policy and shall institute a plan for its
achievement which will require that action be taken to provide
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equal opportunity in hiring and promoting for women, minorities,
, the handicapped, and veterans. Such plan will include a set of
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positive measures which will be taken to insure nondiscrimination
in the work place as it relates to hiring, firing, training and
promotion. In lieu of such a policy/plan, PERMITTEE shall submit
a Statement of Assurance indicating that their operation is in
compliance with all relevant civil Rights laws and regulations.
23. MINORITY/WOMEN BUSINESS UTILIZATION
PERMITTEE, shall make every good faith effort to
purchase/contract fifty-one percent (51%) of its annual goods and
services requirements from Hispanic, Black and Women
businesses/professionals registered/certified with the city" of
Miami I s Office of Minority/Women Business Affairs.
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Such lists
will be made available to the PERMITTEE at the time of the
issuance of the PERMIT by the city of Miami and updates will be
routinely provided by the City's Office of Minority/Women
Business Affairs.
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24. ENTIRE AGREEMENT
This instrument and its attachments constitute the sole and
only agreement of the parties hereto and correctly set forth the
rights, duties, and obligations of each to the other as of its
date. Any prior agreements, promises, negotiations, or
representations not expressly set forth in this PERMIT are of no
force or effect.
25 AMENDMENT
No amendments to this PERMIT shall be binding on either
party unless in writing and signed by both parties.
26. WAIVER OF JURY TRIAL
PERMITTEE waives a trial by jury of any and all issues
arising in any action or proceeding between the parties hereto,
or their successors or assigns, under or connected with this
PERMIT, or any of its provisions, the relationship of the
parties, the PERMITTEE's use or occupancy of the premises,
PERMITTEE's rights thereto, and/or claim of injury or damage and
any emergency statutory or any other statutory remedy or
otherwise.
27. COURT COSTS AND ATTORNEY'S FEES
In the event that it becomes necessary for CITY to institute
legal proceedings to enforce the provisions of this PERMIT,
PERMITTEE shall pay CITY'S court costs and attorney's fees.
28. MODIFICATIONS
The conditions contained herein shall not be modified unless
said modifications are approved in writing by the city
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commission.
29. AUDIT RIGHTS
The PERMITTEE shall, upon reasonable demand, make available
to authorized representatives of CITY, the financial records
pertaining to its operation and income in order for CITY to
ascertain the gross proceeds of said operations. CITY reserves
the right to audit the records for a period of three year.s after
expiration of this PERMIT.
IN WITNESS WHEREOF, PERMITTEE has hereunto caused this
Revocable Permit to be applied for and has executed the following
by its duly authorized
D6C l?171 aGe , 1994.
officers, as of this day of
ATTEST:
Dw&tb&L-
corporate Secretary
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PERMITTEE:
RESTAURANT, INC.
(Seal)
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EXHIBIT 1
INVENTORY OF RESTAURANT EQUIPMENT
AT
VIRGINIA KEY MARINA
3501 RICKENBACKER CAUSEWAY
MIAMI, FLORIDA
One (1) "Traulsen" stainless steel refrigerator
with two (2) glass doors and four (4) interior
shelves
One (1) "Kenmore 23" stainless steel regrigerator
Model No. 253.9133380
Serial No. S308193448
One (1) "Aleo Dispensing System" for soft drinks
Model No. 2323
Serial No. 20157
One (1) stainless steel sink
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CORPORATE RESOLUTION
WHEREAS, the CITY OF MIAMI has agreed to enter into a
Revocable Permit with BAYSIDE SEAFOOD RESTAURANT, INC. a ;lorida
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corporat10n, or e use 0 t e restaurant area 0 V1g1R1a Kel
Marina, Inc., located at 3501 Rickenbacker Causeway, Miami,
Florida ("AREA"); and
WHEREAS, BAYS IDE SEAFOOD RESTAURANT,
accept this Revocable Permit; and
INC. has agreed to
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WHEREAS, the Board of Directors of BAYSIDE SEAFOOD
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RESTAURANT, INC has examined the terms, condi and
(obligations of the attached Revocable Permit with the CITY OF
MIAMI, for the use of the AREA; and
WHEREAS, the Board of Directors of BAYSIDE SEAFOOD
RESTAURANT, INC. at a duly held corporate meeting, has considered
the matter in accordance with the bylaws of the corporation;
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
BAYSIDE SEAFOOD RESTAURANT, INC. , that the president and
secretary are hereby authorized to enter into a RevocablePermit
in the name of, and on behalf of this corporation, with the CITY,
OF MIAMI for the price and upon the terms and payments contained
in the attached Revocable
IN WITNESS WHEREOF ,
Secretary
Permit submitted by the CITY OF

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this;G day of , ' 1994.
BAYSIDE SEAFOOD RESTAURANT, INC.
p
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President
Board of Oi
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