HomeMy WebLinkAboutR-1994-011RESOLUTTON NO. 11 - e4
A RESOLUTION OF THE CIry OF DANIA, FLORIDA, APPROVING
FORM OF REOUEST FOR PROPOSALS FOR THE CITY OF
DANIA FISHNG PIER RESTAURANT; AND PROVIDING FoR AN
EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CIry OF DANIA,
FLORIDA:
section 1. That the form of Request for Proposls for the city of Dania Fishing
Pier Restaurant, be and the same is hereby approved.
Section 2. That all resolutions or parts of resolutions in conflict herewith be and
the same are hereby repealed to the extent of such conflict.
section 3. That this resolution shall be in force and take effect immediately upon
its passage and adoption.
PASSED and ADOPTED on 15;. 2 5 t h 6sy of Januar 1994.
({-
ayor - Commissioner
ATTEST
City Clerk - Auditor
APPROVED AS TO FORM & CORRECTNESS
By ,,&rc"J C c//,^-
Frank C. Adler, City Attorney
i -)f't-
REQUEST FOR PROPOSALS
FOR THE
CITY OF DANIA FISHING PIER RESTAIIRAN1T
CITY OF DANIA
FISHING PIER RESTAURANT
3OO NORTH BEACH ROAD
DANIA, FLORIDA 33004
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ZBBLE OF COMTE.MTS
I. INTRODUCTION
1. Purpose
2. General Background3. Where to Submit Proposal
II. PROPOSAL CONDITIONS
1. OperationalConcepts2. Manner of Operation3. Performance Bond and lnsurance4. Non-Discrimination
III. SPECIFICATIONS
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Effective Date
Real Property
Structures
Term
Hours of Operation
Security Deposit
Construction By The Lessee
Rent
Destruction or Damage
Care, Maintenance and Repair
Water Damage
Utilities
Solid Waste
Access
lnsurance
City Liability
Lessee Liability
No Assignment or Subletting
Rights of Entry Reserved
Taxes
Obligations of the Lessee
Signs
Additional Rent and Charges
Events Constituting Default
Notices
Uses Allowed the Lessee
Place of Payments
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Headings
Entire Agreement
Parking Meter Change
City's Right to Terminate Lease Agreement
Personal Guaranty
Locks
Environmental and Pollution
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OPENING, WTHDRAWAL, REJECTION OF PROPOSALS 26
CONSIDERATION FOR AWARD
OUALIFICATION FORM
BID PROPOSAL
PRE-BID CONFERENCE
The City of Dania is actively seeking a qualified firm to develop, operate and maintain a
quality food and beverage service at the Dania Fishing Pier Restaurant with attached bait shop
and a management contract to operate the pier.
Minimum standards for operating the restaurant under a Lease Agreement with the City of
Dania have been outlined in this "Request for Proposal." The City reserves the right to issue
addendums to these specifications for a period of 45 days from the distribution date of this
Request for Proposal.
The City of Dania wishes such improvements to keep within the overall beach decor in
design characteristics, architectural concept and the likelihood of obtaining all necessary
permits. site visitations may be scheduled by contacting Timothy Tapp, parks & Recreation
Director, at (305) 921-8700 ext. 235. Further information may be received from Robert Flaley,
City Manager, at (305) 921-8700 exl.2O1. Visitations are encouraged. No information may be
relied upon except that which is reduced to writing and supplied to all proposers.
I. INTRODUCTION
A. Purpose: The city of Dania, Florida, is requesting proposals for the development and
operation of the Dania Fishing pier Restaurant, located on Dania Beach, 300 North Beach
Road, Dania, Florida. Proposers are urged to personally inspect the present facility, confer with
the Department of Parks & Recreation to obtain any other available specific information on the
precise location of the restaurant, and to inquire as to the reconstruction of the City of Dania
Fishing Pier.
sealed bid proposals are due by 4:00 p.m. local time on the 26th day of April 1994, in the
city clerk's office at the city of Dania, '100 w. Dania Beach Btvd., Dania, Ftorida. The
proposals shall be publicly opened and read aloud by the City Clerk in the City Commission
Chambers at 4:00 p.m. on that day. During the regulady scheduled City Commission Meeting
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at 8:00 p.m. on Apnr 26th, the proposals will be introduced to the city commrssion and the
public.
slrE cHARACTERlsrlcs - Dania Beach park is a 26.5 acre beachfront park owned by the
City of Dania. lt is located north of Dania Beach Boulevard and east of A1A and contains over
1300 feet of ocean frontage. Adequate parking is available and upgraded picnic facilities,
restroom facilities, Iighting, and landscaping are currently being installed. The existing g30 foot
pier is closed, however, the City has let a contract for the construction of an entirely new pier.
The City is also bringing full water and sewer services to the site.
The City is seeking proposals that will involve capital improvements to the facility including
restaurant and baitshop construction, furnishings affixed to the premises, and food preparation
equipment affixed to the premises. The Cig will review these proposals as to the overall best
interest of the city and its citizens and pursuant to the criteria set forth herein.
This facility is intended to serve beachgoers, fishermen, tourists and casual visitors to the
area' The restaurant and attached baitshop and management contract of the pier are important
considerations to the City of Dania. Other concerns include background of the bidder, the
nature and quality ofthe proposed food and beverage service, the proposed design ofthe
facility and qualification of proposers. The City will consider proposals which include the sale of
alcoholic beverages within the restaurant. The proposer should include in the proposal the
development and operation of the bait shop attached to the restaurant and other retail
operations and the management contract for the operation of the fishing pier on behalf of the
City. lt is understood that the City reserves the right to operate the pier itself, and in the event
the proposer includes the fishing pier operation in the proposal that any contract relating to any
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such operation must meet the requirements of lnternal Revenue Service revenue procedure g3-
19 relating to the operation of facilities financed with tax exempt bonds,
Bidders must provide the information as requested in this Request for proposal.
C. Where to submit Prooosal: All proposals must be submitted with eight (B) copies. All
information should be in a sealed envelope, bearing on the outside the words "Dania Fishing
Pier Restaurant Proposal". This should be submitted to the City Clerk's Office at City Hall, 100
W. Dania Beach Blvd., Dania, Florida 33004.
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II. PROPOSAL CONDITIONS
1. Operational and Design Concepts: Proposers shall be responsible for the design,
construction, maintenance and operation of the restaurant and bait shop, and all proposals should
incorporate a design suitable and cost effective for their operational and design concepts and
specifically the proposed nature of the restaurant, including the type of food to be served, hours of
operation, nature of service and implementation of the proposed food and beverage service and
the design of the proposed customer service area. Proposer's overall design should blend with
the fishing pier and the beach. Proposer's concept shall be designed so as to provide reasonable
assurance that it will receive approval from various state regulatory bodies (Department of Natural
Resources, etc.) and that such construction along the coast line will be permitted. Additional
information may be obtained by contacting:
The Department of Natural Resources
3900 Commonwealth Boulevard
Mail Station 310
Tallahassee, Florida 32399
(904) 487-2203
The proposer shall provide the CITY with renditions, drawings and plans of sufficient details
to accurately depict the eventual interior and exterior design (including signage) and
appearance the restaurant so that each design and proposal can be thoroughly evaluated.
These renditions, drawings and plans shall become part of the Lease should the proposal be
accepted; provided that the CITY shall have the right to require minor modifications to the
design, materials and signage of the restaurant facility and to require changes in color
scheme.
2. Manner of operation: LESSEE shall keep the eating facilities reasonably stocked and
reasonably staffed to serve the patrons thereot and LESSEE shall maintain a standard of quality
food and beverage service, and cleanliness of premises at least equal to similar operations in the
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area, at reasonably comparable prices. All personnel shall be courteous to the public and patrons.
No other business shall be conducted on the premises other than the operation of a restaurant,
baitshop and associated operations.
3. Performance Bond and lnsurance: The successful proposer shall provide a performance
bond in the full amount of the contemplated improvements to assure completion of improvements
and payment of all laborers and materialmen, the successful proposer shall also provide evidence
of full liability, property and other insurance as specified herein.
4. Non-Discrimination:
A. LESSEE shall for itself, its personal representatives, successors in interest, and
assigns, as part ofthe consideration hereof, covenant and agree that:
1. No person on the ground of race, color, religion, national origin, sex, age or handicap shall
be excluded from participation in, be denied the benefits of, or be
otherwise subjected to discrimination in the use of said facility, except for bona fide
causes allowed by law.
2. That in the construction of any improvements on, over, or under such land and the
furnishings of services thereon, no person on the ground of race, color, religion, national
origin, sex, age or handicap shall be excluded from participation in, be denied the benefits
of, or otherwise be subjected to discrimination, except for bona fide causes allowed by
law.
3. lt shall comply with all applicable laws relating to minority or disadvantaged contractors.
B. LESSEE shall not discriminate against an employee or applicant for employment or
vendor subcontractor or other person or entity needed for the provision of supplies, material or
labor because of age, sex or physical handicap (except where based on a bona fide occupational
qualification); or because of marital status, color, religion, national origin, or ancestry.
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III. SPECIFICATIONS.
AGREEMENT
THIS AGREEMENT is entered into this _ day of 1994 by and
2. REAL PROPERTY: The City hereby lets to the Lessee and the Lessee hereby hires and
lets from the City the following described real property:
The site adjacent to the City of Dania Fishing Pier located at 300 North Beach Road, Dania
Beach consisting of approximately 6200 square feet adjacent to the pier.
3. STRUCTURES: ln addition to the real property as described in paragraph 2, the City
agrees to let and Lessee agrees to hire and let, the structures located on the real property
described in paragraph 2 of the agreement including all of the pipes, sinks and plumbing fixtures
which are appurtenant to the leased facility as well as all exterior lighting and the connections to
the exterior lighting.
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between the CITY OF DANIA (hereinafier refened to as "City"), and
--
a
Florida corporation, (hereinafter referred to as "Lessee").
WHEREAS, based upon the commitments of the Lessee, the City has determined that it is in
the best interest of the City of Dania to enter into a Lease Agreement; now, therefore:
lN CONSIDERATION of the covenants and agreements herein contained and of the
payment of monies as hereinafier set forth, the parties hereto mutually agree as follows:
1. EFFECTIVE DATE: This lease shall exist between the City and Lessee, its successors
and assigns, and its terms and conditions shall become effective after Lessee has obtained all
govemmental authorizations and permits of any kind or nature necessary to operate a restaurant
enterprise, except that all authorizations and permits shall be obtained no later than
4. TERM: The term of this agreement shall commence upon date of approval of this
agreement by the city commission. The term shall continue for _ years , plus any option
renewal periods exercised unless terminated sooner as provided herein.
5. HOURS OF OPERATION: Lessee shall keep the restaurant open for business a
minimum of eight (8) hours per day and seven days per week.
6. SECURITY DEPOSIT: Lessee shall deposit an amount equal to three (3) months rent
with the City to guarantee performance under the terms of this agreement. Failure by Lessee to
fully perform the covenants of this agreement shall forfeit said amount to the City as liquidated
damages. Said deposit shall be refunded at termination of lease if performance has been
acceptable to the City.
7. CONSTRUCTION BY THE LESSEE: Plans and specifications shall be submitted to the
Growth Management Department of the City of Dania, whereupon the plans and specifications
shall be considered by the growth management department of the city which department shall
make a recommendation to the City commission regarding the proposed construction. Upon
approval by the City commission, the plans and specifications shall be processed in accordance
with the established City procedures for the issuance of building permits. Any approval of such
construction by the City shall be upon such terms and conditions as the City may deem
appropriate. All construction, including the footprint of the building, shall be subject to the
approval of the City as to design, use and type of construction and must meet all of the
requirements of the applicable building code. The City may in the future authorize construction by
the Lessee such additional structures and facilities upon the leased premises as the City may, in
its sole discretion, deem to be in the public interest. ln the event any construction not specifically
authorized herein, is done by the Lessee without the approval of the City the City may require the
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Lessee, at the city's option, to remove the same or cause the same to be changed to conform
with the original design and type of construction. ln the event the Lessee fails to commence
removal or change within forty-five (45) days from wriften notice by the City, the City may effect
removal or change and the cost thereof shall be borne by and be the responsibility of the Lessee.
Prior to undertaking any construction, Lessee shall provide the City with a performance bond
equal to the estimated construction costs of the improvements so as to adequately satisfy the City
that all improvements be completed and fully paid for free of liens.
The Lessee agrees to hold the City harmless from any claim of lien (or claim on any surety
bond), by any contractor, sub-contractor, material provider or other person or firm or corporation
whatever and the Lessee further agrees to hold the City harmless and to reimburse the City for all
costs including costs of defense, attorneys fees and other expenses in connection with any claim
of whatsoever kind, whenever the same may be presented, arising out of any construction
whatever in connection with this lease agreement. All of the improvements of this agreement and
any other buildings or structures constructed by the Lessee or his agents or assigns on the real
property described in Section 2 and all alterations, improvements, changes or additions made in
or to the leased premises shall be the property of City and Lessee shall have only a leasehold
interest therein, subject to the terms of this lease.
Lessee covenants and agrees that it has no power to incur any indebtedness giving a right
to a lien of any kind or character upon the right, title and interest of the city in and to the land and
improvements covered by this lease, and that no person shall ever be entitled to any lien directly
or indirectly derived through or under it or its agents or servants, or on account of any act or
omission of said Lessee, which lien shall be superior to the lien of this lease reserved to the City
upon the leased premises. All persons contracting with said lessee or furnishing materials or
labor to said lessee or its agent or servants, as well as all persons whomsoever shall be bound by
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this provision of this lease. Should any such lien be filed, lessee shall discharge the same by
paying the same or by filing a bond or otherwise as permitted by law.
8' RENT: The parties agree that the rental to be paid by Lessee shall be monthly in the
amount set forth below:
Commencing with the date of receipt of the permanent certificate of occupancy for the
leased premises and continuing for 180 days following such date the rental shall be $25.000.00.
Thereafter $- per year commencing on the 181 day of such date of receipt of such
permanent certificate of occupancy and continuing for the remainder of the term of the Lease
Agreement and any renewal or extension thereof.
The rental set forth above shall be adjusted annually during the term of the Lease Agreement
and any renewal or extension thereof to reflect changes in the Producer Price lndex for Finished
Goods published by the Bureau of Labor Statistics of the United States Department of Labor, from
December 3'l of the year in which such permanent certificate of occupancy is received.
lf the Lessee neglects to make any payment to the City within thirty (30) days after the day
on which the payment is due and owing, the Lessee shall pay to the city for such privilege an
additional charge of one hundred fifty dollars ($15o.oo) per day for each day,s delay in payment,
retroactive to and beginning with the first day of the month. Notwithstanding any other terms and
conditions, the City shall comply with all legal notices and proceedings in accordance with Florida
Statutes. Further on the first day of the month following the month in which the delinquency
occurred, the rental due for that month as well as the minimum rental for the next succeeding
month will be due and payable.
ln the case of "a percentage of gross rental" being proposed over and above the minimum
rent, the proposer must provide the City with an accurate monthly accounting of all receipts and
all sales must be recorded at point of sale in a cash register receipting system suitable to the City
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to include a computerized direct line to the City's administrative offices at the proposers cost. The
City reserves the right to require an annual Certified Public Accountant's Audit to determine gross
receipts at the cost of the Lessee. Lessee shall furnish City copies of monthly Florida Sales Tax
Returns which are to be timely filed with the Florida Department of Revenue.
The City's right to assess the penalties for payment made later than the day upon which
such payment is due, shall be in addition to its right to terminate the lease in the event a rental
payment is due and owing for more than thirty (30) days.
The prompt payment of the rent for the leased premises described in Paragraph 2 of this
lease upon the time specified is a primary condition upon which this lease is made and accepted
and any failure on the part of the Lessee to comply with that condition shall, at the option of the
City, be deemed a forfeiture of this contract. The City shall comply with all legal notices and
proceedings in accordance with Florida Statutes.
9. DESTRUCTION OR DAMAGE: ln the event of destruction or damage to any portion of
the leased premises due to hurricane or storm, fire, elements, the public enemy, riot, or other
casualty, the City shall remove all debris resulting from such damage from the leased premises. lf
the destruction or damage is caused by negligence of the Lessee, fire from electrical lines or
appliances under the jurisdiction of the Lessee, acts by Lessee's employees, sub-tenants or
patrons of the leased premises, then the Lessee shall remove all debris and make all necessary
repairs promptly to bring the structure up to the specifications contemplated by this lease. The
Lessee shall next decide whether all or a portion of the leased premises is still functional and if
the City concurs that all or a portion of the leased premises is still functional and poses no threat
to the safety of the public, then the rental payment owing to the City shall be decreased by the
same percentage that Lessee's net revenues will be reduced as a result of loss of revenue from
the destroyed or damaged portion of the leased premises.
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lf the reductiorr tn net revenue due to damage to the leased premises is greater than fifty
percent (50%) in the months after the damage to the leased premises occurs, the Lessee shall
have the option to cancel this lease. ln the event of total destruction of the leased premises, the
City shall be under no obligation to rebuild it and said rent to be reduced accordingly. lf in fact
Lessee determines and wishes to continue operation of the leased premises, the monthly rental
shall be reduced in accordance with the formula set forth herein.
ln the event of any controversy arising as to the proper adjustment for rental payment as
herein provided, the Lessee shall continue paying underthe last preceding rental adjustment as
herein provided, until such time as said controversy has been settled.
10. CARE. MAINTENANCE AND REPAIR: The Lessee shall, throughout the term of this
lease, assume the entire responsibility and shall relieve the City from all responsibility for all repair
and maintenance and costs whatsoever on leased premises, except for the exceptions listed as
follows, said responsibility forthe care, maintenance and repair by Lessee shall not commence
until the time period as set forth in Paragraph t herein of this agreement in accordance with the
commencement of the payment of rent.
A. The Lessee shall be responsible for maintenance and repair of all electric power
service, including the cost of electricity. The City shall be responsible for and
maintain fresh water supply lines, sewer lines and drain lines to the propefi. All of
the salt water system will be the responsibility of the Lessee. Utility costs and
maintenance of utilities on the pier will be the responsibility of the City.
B. The Lessee's duty to maintain shall include, but not be limited to, the following areas:
(a) To keep in clean and orderly condition and appearance the decking and railings
as well as any of the interior fixtures, equipment and personal property which are located
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in any parts of rrre leased facilities which are open to or visible by the general public. The
pier decking and railings will be the City's responsibility.
(b) The Lessee shall keep the decking of the leased premises free and clear of any
objects or impediments which may be discarded or left behind by either patrons or
employees of the lessee and to prevent any hazardous conditions from existing on the
decking due to the location of any items left situated on the decking.
(c) Lessee agrees to promptly notify City and all proper utilities of any damaged utility
service lines including, but not limited to service lines for the supply of water, gas service
lines, electric power and telephone conduits and lines which service any buildings or
structures which are a part of the leased facilities.
(d) To maintain and clean any grease traps which are located on the premises.
(e) To maintain and keep in sanitary condition the restrooms and to be responsible for
any repairs including plumbing and electrical which are necessitated within such
restaurant restrooms.
C. The Lessee shall keep the public restrooms on the leased premises open during
regular business hours each day for use by the public generally and the Lessee shall
not have the right to restrict the use of said public restrooms to patrons of the
restaurant only.
11. WATER DAMAGE: lt is expressly agreed and understood by and between the parties
to this agreement, that the City shall not be liable for any damage or injury by water which may be
sustained by the Lessee or any Sub-lessee orfor any other damage or injury resulting from the
carelessness, negligence or improper conduct on the part of any other tenant or agents, or
employees, or by reason ofthe breakage, leakage, or obstruction ofthe water sewer or
swell pipes, or other leakage in or about the said building.
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12. UTlLlTlEo: ln addition to the compensation to be paid the City above mentioned, the
Lessee shall pay for all utilities used or consumed in connection with the operation of the leased
premises, including the restaurant, baitshop and restrooms. The Lessee shall pay for the utilities
directly to the respective utility companies. lf the Lessee or any sublessee neglects to pay any
charges for utilities or services when the same become due and payable, then the City may
consider the Lessee to be in default of this lease agreement and may institute those remedies
prescribed in paragraph 24 4.5.
13. SOLIDWASTE: Lesseeagreestoprovideforthepick-upandremoval ofall garbage,
debris and solid waste materials which are generated by patrons and customers of the leased
premises. The Lessee shall place all garbage and solid waste into plastic bags and be subject to
the City's ordinance regarding solid waste removal.
14. ACCESS: Lessee shall cooperate with City where City may desire to sponsor an event
which may result in a temporary delay in the flow of traffic to the leased premises which will not
deny access to the parking lot.
15. INSURANCE: The Lessee shall during the term of this lease insure and keep insured to
the extent of not less than one hundred percent (100%) of the replacement cash value of all
buildings, structures, fixtures and equipment on the premises leased to the Lessee against such
hazards and risks as may now or in the future be included under the Standard Form of Fire and
Extended Coverage lnsurance Policy of the State of Florida and also against the following
hazards and risk.
The Lessee covenants and agrees to provide and keep in force and effect comprehensive
general public liability and property damage insurance to include independent contractors. Such
comprehensive general liability coverage shall not be less than One Million Dollars
($1,000,000.00) combined single limit bodily injury and property damage insurance, holding
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harmless and indemnifying the Lessee and the City as their interests may appear against public
liability and property damage claims and to furnish the City at all times with an appropriate
certificate from the insurance carrier showing such insurance to be in force.
It is further understood and agreed that the Lessee or his agents shall carry product liability
and completed operations coverage with a combined single limit for bodily injury and property
damage of One Million Dollars ($1,000,000.00). All policies of such insurance and renewals
thereof shall insure the City and the Lessee as their interests may appear.
The aforesaid insurance shall be written by companies authorized to do business in the
State of Florida, and listed in "Best's lnsurance Guide", or a comparable publication in the event
of the discontinuance of publishing "Best's" said insurance company having a minimum rating in
"Best's" of 'A '10".
The policies or certificates representing such insurance shall be delivered by the Lessee to
the City and edch policy or certificate delivered shall bear the endorsement of or be
accompanied by evidence of payment of the premium thereon and also an endorsement
obligating the insurance company to furnish the City thirty (30) days notice in advance of the
cancellation of the insurance evidenced by said policy or certificate. Renewal policies or
certificates shall be delivered to the City at least thirty (30) days before the expiration of the
insurance which such policies are to renew. When such policies or certificates have been
delivered by the Lessee to the City as aforesaid and at any time or times thereafter, the City may
notiff the Lessee in writing that the insurance represented thereby does not conform to the
provisions of this paragraph either because of the amount or because of the insurance company
or for any other reason, and Lessee shall have thirty (30) days in which to cure the defect.
Failure to cure such defect within thirty (30) days shall constitute a breach of this agreement by
the Lessee, entitling the City to all remedies occasioned by default.
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All contracts entered into by the Lessee shall be subject to review by the City of Dania in
order to determine that the city shall incur no liability not adequately covered by insurance and
all contracts pursuant to this paragraph shall be submitted to the City prior to being entered into
by the Lessee.
16. CITY LIABILITY: The City in agreeing to the responsibilities outlined in Paragraph 10 of
this lease agrees to defend the Lessee and hold it harmless from any claim arising out of any
injury or damage to persons or property described in Paragraph 2 of this agreement caused by
any act or omission of act of any City employee, or occurring on account of any wrongful breach
of this lease agreement by the City.
17. LESSEE LlABlLlry: The Lessee assumes all risks in the operation of the leased
facilities described in Paragraph 2 & 3 of this lease agreement. The Lessee agrees that it shall be
solely responsible and answerable in damages for all accidents or injuries to persons or property
occurring on the leased premises and hereby covenants and agrees to indemnify and save
harmless the City and its officers and employees from any and all claims, suits, losses, damage or
injury to personal property or life and limb of whatsoever kind and nature, whether direct or
indirect, arising out of the operation of said leased premises or the carelessness, negligence or
improper conduct of the Lessee or any agent, servant, employee contractor and supplier, which
responsibility shall not be limited to the insurance coverage herein provided exclusive of any
areas which are maintained by the City.
18. NO ASSIGNMENT OR SUBLETTING: The Lessee is not permitted to assign, transfer,
convey, sublet or otherwise dispose of this agreement or of this right, title or interest therein, or
the power to execute this agreement to any other person, company or corporation without the
previous written consent of the City Commission which consent will not be unreasonably withheld;
that neither said agreement nor the rights therein granted shall be assignable or kansferable by
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any process or proceedings in court, or by judgment, execution, proceedings, insolvency, or
bankruptcy, either voluntary or involuntary, or receivership proceedings, and in the event of the
insolvency or bankruptcy, either voluntary or involuntary, of the Lessee, the city may, at its option,
terminate and cancel this agreement upon ten (10) days written notice, in which event all rights of
the Lessee hereunder shall immediately cease and terminate and it, or its representatives, shall
immediately deliver up possession to the City. lf the Lessee, shall, without the previous written
consent specified in the first paragraph of this section, asslgn, transfer, convey, sublet or
othenrvise dispose of the same, of his right, title or interest therein, or the power to execute this
agreement, to any other person, company or corporation, the city may revoke and annul this
agreement, and the City shall be relieved and discharged from any and all liability and obligation
arising out of said agreement to such Lessee and to the person, company or corporation to whom
he shall assign, transfer, convey, sublet or otherwise dispose of the same.
'19. RIGHTS OF ENTRY RESERVED: The City, by its officers, agents, employees,
representatives and contractors shall have the right at all reasonable times to enter upon the
premises for the purpose of inspecting the same, for observing the performance by Lessee of its
obligations under this agreement for auditing business procedures and for doing any act or thing
which the City may be obligated or have the right to do under this agreement, or otherwise as
long as said inspection or visit does not interfere with the normal business of the Lessee.
20. TAXES: Lessee shall be responsible to pay all real and personal ad valorem taxes
and other taxes which are now and may be hereafter levied by any govemmental unit or agency
having the authority to levy such taxes, upon any of the real property described in this lease, or
any ofthe business operations conducted by the Lessee upon the real property described in this
lease agreement.
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21. OBLIGATIONS OF THE LESSEE:
A. Lessee shall purchase merchandise and fresh food for sale which merchandise and
food is of a quality generally accepted in the market place as acceptable for purchase
and complles with the standards of all applicable regulatory agencies. Merchandise
and fresh food shall be purchased through insured, bonded suppliers.
B. The Lessee shall conduct its operation hereunder in an orderly and proper manner,
considering the nature of such operations and shall comply with all ordinances of the
City. ln addition, the Lessee must operate for the use and benefit of, and service to
the public without imposing excessive or unjust or abnormal requirements on
customers, g uests and invitees.
C. The Lessee shall commit no lawful nuisance, waste or injury on the premises and
shall not do or permit to be done anything which may result in the creation or
commission or maintenance of such nuisance, waste or injury on the premises.
D. The Lessee shall comply with all laws, ordinances, rules, regulations and orders of
the City and any other governmental entity having jurisdiction now in force or
enacted at any time during the term of the lease which as a matter of law are
applicable to or which affect the operation of the Lessee of the leased property. The
obligations of the Lessee to comply with governmental requirements is provided
herein for the purposes of assuring property safeguards for the protection of persons
and property on the premises. Such provision is not to be construed as a submission
by the City to application to itself of such requirements of regulations.
22. SIGNS: That the Lessee shall not erect, maintain or display any signs, flags or any
advertising at or on the exterior property being leased in this lease agreement that are in conflict
with the applicable City ordinances pertaining to said property.
17
23. ADDlrloruAL RENT AND OHARGES: lf the city is tegally requireo or etects to pay
any sum or incurs any obligations or expenses by reason of the failure, neglect or refusal of
the Lessee to perform or fulfill any one or more of the conditions, covenants or agreements
contained in this agreement for more than fifteen (1s) days after a written request has been
mailed by the city, then the Lessee agrees to pay the sum or sums so paid for the expenses
so incurred, including all interest, costs, damages and penalties, and the same may be
added to any installment of rent thereafter due hereunder and each and every part ofthe
same shall be and become additional rent recoverable by the City in the same amount and
with like remedies as if it were originally a part of the rent as set forth in paragraph 8 hereof.
The Lessee shall have the option to post a bond for the amount of the expense in the event
the Lessee contends that such expense is felt to be excessive.
24
A. The Lessee will be considered in default of this lease if any one or more of the
following events shall occur:
1. lf the Lessee shall voluntarily abandon, desert or vacate any of the properties
described in this lease or discontinue its operation at the leased premises.
2. lf any lien is filed against the premises because of any act or omission of the
Lessee and is not removed or secured by bond or otherwise, within thirty (30)
days after the Lessee has received notice thereof; or
3. lf the Lessee shall fail duly and punctually to pay the rental or to make any other
payment required hereunder when due to the City and shall continue in its failure
to pay rentals or to make any other payments required hereunder for a period of
thirty (30) days after the first of the month after written requests, the date upon
.18
which t rs due, then City shall be entitled to avail itself of the remedy for default
as provided in Paragraph 8 of this lease agreement; or
4. lf the Lessee shall fail to keep, perform and observe each and every other
promise, covenant and agreement set forth in this agreement on its part to be
kept, performed or observed within thirty (30) days after receipt of notice of non-
compliance thereunder from the City except where fulfillment of its obligation
requires activity over a period of time and the Lessee shall have commenced to
perform whatever may be required for fulfillment within thirty (30) days after
receipt of notice and continue such performances without interruption and except
where fulfillment is prevented by causes beyond its control and except as
otherwise provided herein.
5. Upon the occurrence ofany such event except the event prescribed in
subparagraph 3 of this section or at any time thereafter during the continuance
thereof, the City, by thirty (30) days written notice, may terminate the rights of the
Lessee hereunder and his letting, such termination to be effective upon the date
specified in such notice. Upon the date specified in the notice, the City, its
agents or attorneys, shall have the right to enter any ofthe areas described in
Paragraphs 2 & 3 and remove all persons therefrom forcibly or otherwise and the
Lessee hereby expressly waives any further notice required by law to terminate
tenancy, and also waives any and all legal proceedings to recover possession of
the property leased. Such right of termination and the exercise thereof shall be
and operate as a conditional limitation. The City shall comply with all Florida
Statutes pertaining to re-entry and notice.
19
: ln the event the activities of the Lessee
which are in derogation to the terms of this lease, are such as to constitute a wasting or
destruction of the leased premises then and in that event, it shall not be necessary for
the City to suffer the wasting or destruction of said property during the aforesaid periods
of notice, but in such event, the city shall give the Lessee seven (7) days notice within
which to terminate the aforesaid destruction or waste to terminate any act or practice
which shall place the city or the property of any individual located properly upon the
leased premises or in danger of destruction or waste. lf at the expiration of the
aforesaid seven (7) days from the service of notice upon the Lessee in accordance with
the provisions for service of such notice as contained in this lease agreement the
Lessee has not terminated such waste of the City's property or the waste of any
individual's property which may be located upon the leased premises as aforesaid, then
and in that event, the city shall have the right to enter upon the premises forthwith and
the Lessee shall remove himself from the premises forthwith and this lease shall be
deemed canceled and terminated as of the expiration of the aforesaid seven (7) days.
C. No acceptance by the City of rental, fees, charges or other payments in whole
or in part for any period or periods after a default of any of the terms, covenants and
conditions hereof to be performed, kept or observed by the Lessee shall be deemed a
waiver of any right on the part of the City to terminate the lease.
D. No waiver by the City of any default on the part of the Lessee in performance
of any of the terms, covenants or conditions hereof to be performed, kept or observed
by the Lessee shall be or be construed to be a waiver by the City of any other or
subsequent defaults in performance of any of the said terms, covenants and conditions.
20
E. The nghts of declaration of default described above shall be in addition to any
other rights of termination provided in this agreement and in addition to any rights and
remedies the city would have at law or in equity consequent upon any breach of this
agreement by the Lessee and the exercise by the City of any right of termination shall
be without prejudice to any other such rights and remedies.
25. NOTICES: Except wherein expressly required or permitted herein to be oral, all notices,
requests, consents and approvals required to be given to or by either party shall be in writing, and
all such notices and requests shall be personally delivered to the designated officer or
representative of such party or delivered to the office of such officer or representative during
regular business hours or forwarded to him or to the party at such address by certified or
registered mail. The Lessee shall from time to time designate, in writing, an office within Broward
County, Florida, an officer or representative whose regular place of business is at such office,
upon whom notices and requests may be served. city designates the city manager and, until
further notice, the Lessee,directs that all notices and requests be served
or delivered to him and the
city designates its'city Manager at Dania Administrative center, 100 west Dania Beach
Boulevard, Dania, Florida 33004, as their respective offices where notices and requests may be
served. The notices herein required to be served shall be deemed effective and served as of the
date of the registered or certified mailing thereof.
26. USES ALLOWED THE LESSEE: Lessee shall have sole and exclusive right to sell or
rent in, on or from the leased premises all items which would be in compliance with present
zoning for said structures including but not limited to food, beverages, including alcoholic
beverages for consumption on premises, maritime equipment, sporting goods and related items,
gifts and related items, tourist and related service and items and such other uses which may be
2"1
approved by the city commission and said approval shall not be unreasonabry withheld. The City
agrees to allow and permit the sale of beer and wine by Lessee on the demised premises.
Lessee will not be allowed any package liquor sales.
27. PLACE OF PAYMENTS: All payments received by the City by this agreement shall be
made at the office of the finance director of the City at Dania Administrative Center, 100 West
Dania Beach Boulevard, Dania, Florida 33004.
28. PARKING LOT: All customers and employees of the Lessee are subject to the City
Parking Lot Ordinance. However, the Lessee will be allowed to rent any number of spaces for
free parking by customers and employees of the Lessee from the City at a rate designated by the
City and in an area of the parking lot designated by the City. The rate and area so designated is
subject to annual review by the City Commission.
29. HEADINGS: The paragraph "headings" contained herein are for convenience in
reference and are not intended to define or limit the scope of any provision of this agreement.
30. ENTIRE AGREEMENT: This document incorporates and includes all prior negotiations,
correspondence, conversations, agreements or understandings applicable to the matter contained
herein and the parties agree that there are no commitments, agreements, or understandings
concerning the subject matter of this agreement that are not contained in this document.
Accordingly, it is agreed that no deviation from the terms shall be predicated upon any prior
representations or agreements whether oral or written.
It is further agreed that no modification, amendment or alteration in the terms or conditions
contained herein shall be effective unless contained in a written document executed with the
same formality and of equal dignity herewith.
31. PARKING METER CHANGE: As a service to all beach patrons, Lessee agrees to
provide money changing for persons needing coins to operate parking meter devices.
22
32. CITY'S n,GHT TO TERMINATE LEASE AGREEMENT: Notwiths.anding anything
herein to the contrary, City expressly reserves the right to cancel this lease in its sole discretion
and without cause upon giving written notice to Lessee at least thirty (30) days next preceding the
effective date of such cancellation. Provided, however, in the event of such termination of lease
without cause or default under Ariicle 24 herein (Events Constituting Default) and there was a
current leasehold term of more than one year still remaining on said lease without exercising any
option to extend the period, then in such event upon written notice and application by the Lessee
to the City, the City and the Lessee shall, within thirty days after receipt of such notice, jointly
agree to an appraiser to appraise the market value of said leasehold. ln the event the parties
cannot agree to an appraiser, then the appraiser shall be appointed by two licensed appraisers,
one of each to be appointed by the City and the Lessee. The appraiser shall, if he adopts the cost
or replacement value as part of his appraisal (rather than the income approach as to value), take
into consideration the used wholesale and/or depreciated value of any improvements made to the
real property, any personal property, fixtures, appliances or other property that cannot be
removed by the Lessee pursuant to the terms of this Lease, and which shall remain the property
of the City after such termination.
Further in the event the City is not willing to pay to the Lessee the appraised sum determined by
the appraiser to reimburse it for the early termination of the Lease, the City shall then have the
option to reinstate the Lease. lf during the period after notice of termination by the City and the
determination by the City to reinstate the Lease the premises are not operated by the Lessee, the
rent due under this Lease shall be reduced on a prorata daily basis.
23
,,-\
lN WTNEUS vvHEREOF, the parties hereto have caused these preser,.o to be executed the
day and year first above written.
Signed, sealed and delivered
in the presence of:
WITNESSES:A Florida Corporation
By:
As to Lessee President
a^
As to Lessee
33. PERSOTvAL GUARANTY: ln consideration of the execution of thc r-€ase by Landlord,
the undersigned ("Guarantor") hereby unconditionally guarantees to Landlord the full and timely
performance by Tenant of all terms and conditions of Paragraph 8 of the Lease herein relating to
the payment by Tenant of the rent and all other sums payable by Tenant under this Lease'
34. LOCKS: Any changes in the locks for the leased space must be made through the
City with all costs to be paid by the Lessee. lf the locks are found to have been changed
without the City's permission, they will be restored at the Lessee's expense'
35. ENVIRONMENTAL AND POLLUTION: lt is understood and agreed that it shall be the
responsibility of Lessee to comply (including applying for and obtaining all necessary
governmental licenses, permits or other requirements) with all governmental, natural resource and
pollution control laws, statutes, ordinances, rules and regulations; and to hold the City harmless
and indemnify City from any non-compliance or violation whatsoever (including all related legal
costs, attorney's fees, expenses, fines, penalties, awards, injunctions, and judgments) by Lessee,
its agents, employees, principals, officers, contractors, licensees or invitees'
Signed, sealed and delivered
in the presence of:
Guarantor
CITY OF DANIA, FLORIDA
ATTEST:
By:
Mayor - Commissioner
City Clerk - Auditor
(City Seal)City Manager
APPROVED AS TO FORM AND CORRECTNESS
By
By:
Frank C. Adler, City AttorneY
l5
tv.
1. Opening of Proposals: Proposals received after the scheduled time shall be returned
to the proposer - unopened. Proposals will be read aloud on April 26, 1994, 4:00 and
results presented that evening to City Commission at 8:00 p.m. in the City
Commission Chambers.
2. \Mthdrawal of Proposal: Proposals may only be withdrawn in person by the
representative prior to the schedule time of acceptance.
3. Rejection of Proposal: The City of Dania reseryes the right to waive any irregularities
or technicalities in proposals in order to award a lease as it deems in the best interest
of the City or to reject all proposals.
V. CONSIDERATION FOR AWARD: The CITY expects to furnish the Fishing pier
Restaurant patrons and the general beachgoing public with a quality restaurant facility,
incorporating the beach atmosphere and its decor.
The award of contract will be based upon the response to this Request for Proposals and
conducted according to the procedures set forth below. The evaluation of the proposals shall
be made using the following criteria/weight. The numbers indicate the importance the City
places on each of the criteria as a percentation of a 100 point total.
1. The base rent and percentage of gross contained in the
proposal and the total projected gross income ofthe
business.
2. Value of proposed improvements to be made by proposer
as specified in proposal.
3. Design characteristics which include aesthetics,
architectural concept and design, function, the nature and
the design of the proposed capital improvements and
eventual design and appearance, the likelihood of obtaining
the proper permits from state and local agencies, schedule
for completion of improvements and integration of the
proposed facility with the beach atmosphere and the Fishing
Pier.
35%
15o/o
15o/o
26
4. Quality of the proposed operational concept and plan
(especially as indicated in Section Vl - 7 and 8), including
schedule for the facility, service implementation and food
and beverage operation and integration of all these factors
with the beach atmosphere.
5. Experience and qualifications of the proposer including
financial capability, experience with similar or comparable
operations.
l clo
20%
Proposers may be asked to appear before an evaluation committee of City staff, if desired
by the City and shall appear before the City Commission upon request to make a presentation.
Oral presentations to staff, if required, shall be for clarification purposes only. Proposers may
be required to submit additional information upon request but no material changes in proposals
shall be permitted.
The Committee shall rank each proposal by grading each proposer based upon the
formula contained herein. Each Committee member shall rate each responsive proposer based
upon the formula contained herein and shall use this as the basis for his/her ranking. The
percentages stated are for the purpose of guiding the Committee in evaluating proposals. This
method shall not prohibit the City Commission from entertaining and adopting a motion to reject
all proposals either before or after the evaluation is completed. The Committee shall report its
findings to the City Commission who will make the final decision.
Provided the City Commission does not reject all proposals and once the City
Commission, by majority vote, expresses a preference for a proposal which it believes is in the
best interest of the City, the City Manager shall attempt to finalize a written Lease with that
proposer. The Lease shall contain all specifications set forth herein and substantially
incorporate the proposal as well as any necessary technical and implementing provisions which
do not materially effect the substance of the proposal.
27
The City shall then undertake the necessary procedures in force at the time the proposals
are opened to adopt the Lease. The award shall not be considered final or in any way binding
on the CITY until such procedures have been completed and an ordinance incorporating a
Lease adopted. A public hearing with advertised notice shall be part of the process. The City
commission shall not, as a result of expressing a preference for one proposal and having a
Lease drafted, be obligated to pass the ordinance adopting the Lease. The city does, at any
time prior to adoption of the ordinance, retain the right to reject all bids by motion. Failure to
enact an ordinance adopting the Lease within 120 days of bid opening shall be considered a
rejection of all bids.
VI
PROPOSER'S QUALIFICATION FORM
FOR THE
FISHING PIER RESTAURANT
DANIA, FLORIDA
Proposals submitted by: (insert name in appropriate category) 'l through 3.
The proposer is:
1. Corporation
2. Individual
3. Partnership
Principal Office Address
Telephone Number
The proposer submitting this Proposal warrants the following:
The proposer is authorized to do business in the
State of Florida, and if a corporation, must be
incorporated under the laws of one of the States
of the United States. (Proof to be required.)
29
Authorized Representative
lf a corporation, answer the following:
\y'Uhen incorporated What state
1 . Please list operating officers and/or Board of Directors.
Name
Address
Name
Address
Name
Address
lf individual or partnership, answer the following:
1. Date of organization
Name and address ofeach partner:
Name
Address
Name
Address
Name
Address
All proposers answer the following:
1 . Number of years experience the proposer, making the proposal, has had in operation
of a similar business.
30
2
Business
Past experiences in operating similar business enterprises.(Attach additional sheets, if necessary.)
Date of operation
Type of operation
Location
Business
Date of operation
Type of operation
Location
Business
Date of operation
Type of operation
Location
J List below names and addresses of landlords for the operations listed above.
Operation Landlord Address
a
b
c.
ln determining the ability to perform, the pier proposal is concerned with the past
performance and integrity of a Developer. Accordingly, Developers should piovide
information as to any of the following: (a) bankruptcies; (b) mortgage foreclosures; (c)
pending or past litigation which would in any manner affect the ability of the Developer or
its principals, stockholders or principal partners; and (d) restrictions, restraints or
impositions imposed by Federal Housing Administration, Securities and Exchange
Commission, etc.
3.1
4.
5. Bank References:
Bank
6. Outside Accounting Firm Address:
7. Other firms owned by business:
Name of Business Address Type % Owned
o Names of other business in which owners or partners are involved:
Name of Business Address Tyoe lnvolvement
9. Pending or past litigation involving business or its partners/officers/owners:
Plaintiff Defendant CourUAddress
10. Please attach a Financial Statement for business
11. Source of Funds:
Address
The proposer understands that information contained in this Qualification Form is to be relied
upon by the City of Dania, and such information is warranted by the proposer to be true. The
undersigned proposer agrees to furnish additional information as required by the City of Dania.
All information provided is a matter of public record.
32
Proposer understands that the City of Dania has the right to verifi7 the information submittedand may seek addltional information on qualifications. ln addition the proposer agrees topersonally guaranty the terms and conditions in the agreement with the city of Dania.
Attached hereto are individually signed authorizations by all the entities, including corporationsand partnerships, sole proprietors, principals, partners, officers and directors, including theirdate of birth, social security number, Federal LD. number, stating the following:
The undersigned hereby agrees and authorizes the City of Dania to obtain copies from any thirdparty, lending institution, bank, or credit reporting agency of any financial or credit information in
regard to the undersigned in order that the City may evaluate the undersigned as a participant
in the construction and/or operation of the city of Dania Fishing pier Restaurant.
Dated at this _ day of ,1994.
WTNESSES:
(Seal)
Type Name
WITNESSES:lf corporation or partnership:
Type name of firm
(Seal)
STATE OF FLORTDA )
SS
COUNTY OF
Type name
, being duly sworn, deposes and says that he/she is the
of
(name of company)
and that the answers to the foregoing questions and all statements therein contained are true
and correct.
Sworn to before me this _ day of ,1994.
My Commission Expires:
Notary Public
33
VII. BID PROPOSAL
ln addition to the foregoing (all bid specifications and requirements set forth herein) the
proposer proposes and agrees to the following terms:
TO DEVELOP AND OPERATE THE PIER RESTAURANT AND
(Check other facilities below).
Bait shop
Pier
Retail
Other
No other facilities
TERM OF LEASE
A. The term shall be _ years. The Lease Agreement shall have two five (5) year
options for renewal.
B. The term of the pier management contract shall be three (3) years with a two (2) year
option to renew.
MONTHLY RENT
A. During the first year the rent shall be $_. During the second and third years
of the Agreement the LESSEE agrees to pay the City of Dania an annual rent of
The annual rent will then be adjusted every two (2) years with the first
adjustment occurring at the end of the third year, based on the total change in the
Consumer Price lndex for all urban consumers during the preceding two (2) years. ln
no event will the rent be decreased. The lessee agrees to pay the City _% of
gross (less taxes) in addition to rent.
Estimated gross income for the first five (5) years of operation is:
1st yr 2nd yr 3rd yr
4th yr._ Sth yr._ Total
B. All entry monies to the pier will belong to the City.
1
I]
I]
tItl
I]
2
34
4. OPERATING FEES
The proposer agrees to operate the pier on behalf of the City under the terms of a management
contract which complies with the terms of lnternal Revenue Service Revenue Procedure 93-19 for a
fixed fee to be paid to the proposer by the City of $(See Exhibit ?")
5. PERMITS. TAXES. LICENSE
The proposer shall, at his/her own expense obtain all necessary permits, pay all license fees
and taxes required to comply with all local ordinances (except for off-street parking and other Clry
site plan requirements which may be waived by the CITY), state and federal laws and rules and
regulations applicable to the business to be carried on under the Lease and the South Florida
Building Code. Proposer shall list all licenses which may be needed for the improvements listed in its
proposal.
6. CAPITALIMPROVEMENTS
All capital improvements shall meet all applicable federal, state, and local requirements.
(Provided that zoning requirements relative to land development issues shall not be applicable to this
City property.) All improvements shall be planned in conjunction with state regulations and the ability
to receive required permits be reasonably assured. LESSEE plans to spend a minimum of
$on capital improvement including the foundation ($23 per square foot), the building
and the equipment to be used by the lessee. The foundation payment shall be paid prior to the
issuance of a Certificate of Occupancy for the Restaurant. For clarification, if a 4,200 square foot
restaurant was built on the platform, the foundation cost would be 4,200 x $23.
Drawings and renderings and descriptions of sufficient detail to accurately depict the proposed
improvements (both interior and exterior), equipment to be installed, colors to be used and eventual
atr
design and ?ppeararrc€ of the restaurant and signage and all appurtenant to-,,rties are attached.
(Please attach)
The successful proposer will be required to complete the structure in substantial conformity with
all renderings, drawings and descriptions submitted. The CITY reserves the right to require minor
modifications relating to the design, materials and signage of the restaurant facility and to change the
proposed color scheme.
Describe the approximate customer service area (the area where patrons and the public will be
permitted access) including square footage and the approximate locations and the number of seats
and tables for patrons.
7. TIME FRAME
a. VVithin _ days of an executed Lease Agreement schematic plans, design
development plans and working drawings shall be submitted to the CITY for review
and approval. The CITY review shall be completed within sixty (60) days of receipt.
b. Proposed capital improvement work, as outlined and approved, shall be completed in
_ days from the Notice of Commencement issued by the CITY. (This estimate
should be based upon the assumption that continuous work will be permitted once
state and local permits are issued.)
8. MANNER OF OPERATION
LESSEE shall keep the eating facilities reasonably stocked and reasonably staffed to serve the
patrons thereof, and LESSEE shall maintain a standard of quality food and beverage service, and
cleanliness of premises at least equal to similar operations in the area, at reasonably comparable
prices. All personnel shall be courteous to the public and patrons. No other business shall be
conducted on the premises other than the operation of a restaurant, baitshop/retail and associated
operations.
36
The pier facilities, if operated by the LESSEE, shall be open 24 hours a day seven (7)
days per week.
Restaurant shall be open a minimum of eight (8) hours per day.
LESSEE plans to open _ hours per day and a total of _ hours per week.
Sunday A.M. to P.M.
Monday A.M. to P.M.
Tuesday A.M. to P.M.
Wednesday A.M. to P.M.
P.M.
Friday A.M. to P.M.
Saturday A.M. to P.M.
DESCRIBE YOUR PROPOSED CONCEPT FOR OPERATING THE PIER
RESTAURANT. PIER & BAITSHOP.
ln your description please include a discussion of:
a. The type of menu items to be offered (including but not limited to whether there
will be separate breakfast items offered);
b. The type of equipment to be used in its preparation;
c. The manner in which the food will be offered for sale and served (i.e. waiters,
pick-up counter, combination of both);
d. Any special themes or amenities to be offered to enhance the patrons eating
experience;
e. Pricing policy;
f. Alcoholic beverage policy, including but not limited to whether you intend to serve
alcoholic beverages, the hours of such service, existence of a bar, type of
beverages (i.e. wine, beer, liquor), and manner of service. lndicate if you have an
alcoholic beverage license, the type of license, or describe your ability to obtain
said license and the type of license you intend to obtain.
Thursday _ A.M. to
8.
g. Any measures you intend to take to establish a drug free work ptace.
h. lndicate size and manner of operation for the bait shop, other retail space and
fishing pier.
.]O
NOTICE OF PRE.BID
PROPOSAL CONFERENCE
The City will hold a conference to discuss the RFP with all interested parties
to answer questions and make clarifications concerning the intent of the RFP.
Day: Wednesday
Date: March 2, 1994
Time: 2:00 p.m.
Place: City Hall
Commission Chambers
100 W. Dania Beach Blvd
Dania, Fl33021
39
Rcv. Proc.93-19
1993-l l I.R.B.
Publicetion Drte: Fetnrary 25, 1993
26 CFR 601.201: Rulings end derermigtion leders.
(AIso P.rt I, sections 103, 141)
This revenue procedurc sets forth conditioos
under which the provision by r nongwemmentel perrcn
of Eatrageoent or otter servicrs inrolving facilitiec
financed with proceeds of rn issuc of SEta or locsl
bouds will not cause the proceeds io be trestd .s Lsedi! I privitc busiacss usc uader section l4t(b) of thc
Iaternal Revenue Code of l9E6 (thc 'Codc').
01. Priratc business nsc. Uoder sectioa I03(e)
of the Codc, gross incomc does not iDcludc iDterrst on.!y Slrtc or locel bood. Under scctioa 103(bxl),
hovcvcr, sectioa 103(e) docs aot rpply io r priBrc
rctivity bood, udess it ir e quelifiod bo,nd udcr setioa
l4l(c). Scction l4l(rxl) of tbc Codc &6ncs 'privrtc
activity bond' rs .oy boDd issu€d rs p.rt of .r issu.
thrt Eeets both thc prirrtc busincse uso rad tbc priEtr
security or paymeoa tesas. Urder section 141@)(l), ra
issuc generdly E€ars thc prilzte bn<incss usc Gsr if
morp then l0 perc€sa of 6c procccds of thc issuc rre to
bc used for 8sy prir:tc bsincss usc. Under setion
l4l(bX6XA), privrtr business usr Eer.r8 dinct or
ildir€ct usc ia r trgdc or busincss cerricd on by ray
person othcr than r govemneutrl uait Usc rs r rea-
ber of thc geaerd public is disregrded. Othcr
prwisions of sectioas l4l through 150 dso inwlvc thc
applicatioo of thc pri,,atc busincss usc test of section
14lOXr).
Contspoading prwisioas of thc htcmd
Reveuuc Codc of 1954 (thc '1954 Codc') 6er fortL thc
requiremcrts for tbe crcluion from gtoss inmm of thc
htcrcst oE St 0c or locrl boads. For purposes of this
rcveoue pnradur", ray refercocc to r Code provision
includes r rrfcreacc to the correspondilg prwision, if
ray, und€r thc 1954 Codc.
Sectioa 1.103-7@)(3) of thc Iucom Tax
RegulttioEs i.odicatas tbzr privrtc busioess usc cr8 lfilc
by ownership, leasc, or othcr erraagcocaB. This
principle wrs coofrE€d by tbc Coafereocc RcAon for
tbo Tex Reform Act of 19t6, which prwidcs rs fol-
lors: The confereocc rgr€€Eenl 3cocrrlly rlrins tbc
presert-lsw rules undcr which usc by persons ol[c( tt:!
govemmeatal unitE is derernired for purposer of ttc
trade or business use Lst. Thus, rs uder prcscat lnr,
thc use of bond-fnrncod propcrty ir treatcd rr r usc of
boud proceeds. As undcr prcseat lrtr, r pcrsoa rnry bc
s user of boad proceedg rad bond-finaaced propcrty rs
e result of (l) owuership or (2) rcad or beoeicirl usa
of property pursll:aa !o r lessc, r E:aagcEcot or
iocentive paymeot coulract, or (3) rny othcr moSc-
Eeaa such as r Elc-or-pey or othcr output-typ
contrsct. 2 H.R. Coaf. Rep. No. E4l, 99ii C.oag. 2d
Sess. II587 to 588, l9E6-3 (vol a) C.B. 687-8t
(fmtnote oEitt€d).
A Ba.nsgeEeat or otLer servicc cont ect tbal
gives e noogovemmeotal servicc provider r proprictary
interest ir thc operatiou of e facility ir-oolfle-gEly
situation ia which r cootrect E y rasult ia printe
busiaess usc of thc facility.
O2. Existing rdveace ruliag 3uideliace ead tlc
directive ia thc Tar Rcform Act of 1986. Rcy. Prc.
82-14, L982-l C.B. 459, conlaias adnaacc ruliag
guideliaes for de&raining wherler prwisioa of
EaDrgeEeol senricrs uoder r DaaegeEc5t coDarlc! i3
coDsiderEd 8 tndc or business usc by e nongorcmm-
trl pcrson for purposca of foroer-scctioa 103@). Rcv.
Proc. E2-15, 1982-l C.B. ,161, conteinndditiolrl
3uidelincs for ceraia servicc _cootrecls. Ia ecctio
l30l(c) of thc Trr Rcfora Act of 1986, 1986-3 (Vol.
l) C.B. 572, Congress dirccted thc Secrcrrry of the
Treasury or his delegaa o liberalizc these guideliacs to
providc rs follors: ... lhrt usc pur$rlt !o r
E otgeE€ot coalr.ct gcDerally shall aot bc ttE tld l3
trzdc or busiacss usc rs long as- (l) rf,c cra of 6c
contr.ct (includiEg rcacrrd options) does noa crc.cd 5
ycers, (2) thc cxcopt olroct hrs tbc opuoo lo c.rcrl thc
contnct sl tho cod of $y 3-yat period, (3) thc
mrnegcr undcr tho cooqect is not corpcasatad (a
wholc or ia part) oa thc tl{sis of r shere of Dct profts,
rDd (4) rr lcest 50 pcrccot of thc roaual coEPcasrrioo
of lhc E ,rgcf undcr sucL cootrrc! is besd oa r
periodic fred fea
SEC. 3. DEFINMONS
01. Adjustcd Sross revenuer rncaas gmss
rcvesues of dl or r portiou of e fscility, less rlloralc'
cc for bad debLs sld contnctual ud similar rlloraaccs.
I
SECTION T. PURPOSE
SEC. 2. BACKGROUND
02. Crpitrtioo fec ucaos e fixed pcriodic
8muoa for c.ch person for wbom tbc servicc providcr
rssumes thc responsibility to provide dl nccded rnriccg
for r specificd period so long rs the qnsrtity sad type
of serviccr rcodly prwidd to covcrod persoor verics
substeatielly, For cxemplc, r capitetioa fec iacludes r
6xed dollar rmunt peyeblc per month to r Eodicll
servicr prwidcr for -*h membcr of r hedth
mein&aance orgraizrtion plra for whom the prwider
sgrect lo povidc dl uecded oedicd senrices for r
spccifd period,
03. Pcriodic fxcd fec means r strtod dollrr
.Eoutrl for serviccs reodercd for e spccifod period of
time. For exemplc, e strted dollar amuDt por Eooth is
8 pcriodic fixed fec. Thc ststod dollar rmuat oay
rutoErtic.Ily incrcase rccording to r specified, obje-
tiv€, extsnal stssdlrd thrt is Doa linked lo the output or
efrciency of r facility, For exemplc, thc Consuoer
Pricc Indar aad eimiler exterad iadices th.r lrsrt
incrases in priccs in ra rrer or incregses in reveoues
or costs ir rE indusrty rrc objectivc cxterod stradsds.
Capitation fees rtrd per-udt fees rre uot pcriodic fr.d
f€cs.
O{, Per-uait fec oeros r fee bes€d on r udt of
senricc provided. For cremplc, e strted doUer emouat
for cach spocifcd mcdical proccdure pcrformcd, crr
parkcd, or pesscug.r Eilc is r per-unit fcc.
05. Qurlifcd uscr &.us r Surc'or politicd
subdivisioo of r Strtc. Thc terE dso bcluder r
501(c)(3) org.aiz.tioo if thc f.cilitic. uo Dol us.d ir
thc orgrnizetioa'r unrclrted lndee or busiaesscs undec
seclioo 513(r).
06. Rcaewrl option Ecus r pmvisioa under
wbich r prrty !o . contr&t hes r legelly caforccablc
righa to r€acw tbc cont rct"
07. Servicc coatrct meaas r contracl belweea
r qudidcd user rad r eervica prwidcr uodcr which thc
scwica providcr prwidee serviccs iorolvin3 dl, e
portioE, or uy frmction of r facility, For exrrylc, r
servicc contnct inchrdce r contnct for thc provisioo of
Io asgcE€at seryiga for ra eatirc hospitd,
ErDsBeGat 6ervic€s for r sp€cifc depertrat of r
hospitel, jrdtorid servicce rl r hospitd, or physiciea
servic€s to Ftietrls of r ho*irrl.
0E. Servicc pmvider merns rny pcrson otherttm r qrulifed user thet provides serviccs under r
servicc contrrca b or for the b€scft of r qudined user.
This reveouc proccdure rpplics wbra. uoder e
s€rvicc coaanct, r scrvicc provi&r prwidcr
utroageE€nt or othct scrviccs iowlviag frciliticc
6.nrsc€d with proceeds of rn issuc of Stetc or locel
bmds rubject to sectioo 103 of ttc Coda
SEC. 5. OPERATING GUIDELINES FOR
MANAGEMENT CONTRACTS AND OTHER
SERVICE CONTRACTS
01. In genenl. If tbc requireoeau of tLis
scction rre satisfcd, thc provision of 6c :ervic€s urdcr
r sewice or Elaruge@al contract doca Eot ceusa thc
facilities !o bc trcated rs uscd in r priralc brsiacss u-sc
uader section l4l(b) of thc Coda [o thc crsc of ra
incideotel use (as defacd in pangraph @)(2) of Noticc
8749, 1987-2 C.8.378)ofr facility, thc provisioos of
Nodc! t7{9 roay bc rpplicd rs ra dtemativc to thc6"
opersairg 8lidelincs.
02. Compeasetioa 8rr&geacEr. Ttc
coBpeusetion rrra!8erlt u[der thc servica cootrzct
mud srtisf both secrim: 5.02(1) rad 5.02{2).
(l) Ia Seocrd-reasoaablc conpeosstios oot
b.sed oa nct proft!. The c. r&t E rst prwidc for
rasoneblc coryensatioa.-for serviccs readcrcd. Thc
cosaracl Eust Doa pro.ide for eay mopeosetion for
serviccs bascd, ia whole or ia part, oa r shrrc of aa
profits froE thc operstion of thc facility. Coopcasetim
bsed oa e capitatioa fce or r pcr-unit fcc ir 3cacnlly
not coosidercd to bc b.scd on r sherp of nct profitt.
Coopeosation based otr r perc€atrge of 8ross rsvcrulc
(or rdjusted gross rcvcaues) of r facility or r pcrccat-
,gc of cxpcJls€s from r f:cility, but uot both, is gcocr-
rlly ooa considerEd !o bc basd on r shrrc of !a
pmfits. Reinbursemt of lhc servicc prwidcr for
rnul rad diret expcoscs paid by thc scrvicc prwidcr
lo rr8rElstod paniee is loa by itself trated rs
compcosetiou.
(2) Pemitted compeasetion erraagcoeats. Thc
corpeasatioo rfirsgeEotcuDder thc sewicr coElttat
onst sstisfy aay ooc of {tion 5.O2(2)(tl, (b), (c), or
(d).
(r) 50 pcrccat periodic 6xed fec emogcmts.
At lessl 50 pcrcest of tbc coryeosatiou for scrniccr for
cecL roaue! pcriod during thc 0ern of thc scrvicc
cortract is bas€d on r pcriodic 6red fec.
@) Capitatioo fec rrsDgeEents. All of thc
coopersstiotr for serviccs is based oa e capirriou fca
or r combination of r crpitetion fee aad r pcriodic 6rcd
fec.
(c) Per-unit fec errllgemeots in crrtria 31crr
sEc. 4. scoPE
t
cootrrcts. All of tbc coopcasrtion for serviccr is bascd
ca r per-uait fee or r combio.r.tion of r pcr- uait fcc rnd
e penodic 6xed fec. Tbc conanct has s term, iacludingrwtd options, thrt is noa loagcr tbrD 3 years. Tbc
ccotrrcl Eust bc c-"cclsblc by thc quelifcd user on
rc.seblc ootic€, without p€adty or c{usc, st thc cnd
of tbc second ycer of thc coDlr.ct terE. Thc roourt of
6. F-udt fec must bc specifcd in thc servicc c.Dkrctr orberwisc specifcdly limitcd by thc qurlifed usar oro iodepcndcaf thid psty, sE.h rs tho rdEi.uisrrrlor of
thc Mcdicere progrrm-
(d) Perc€otsge of rcveoue or erpeosc fec
rrraageEents il certrin 2-ycer contrects. AII lhc
corye$atioo for eervices is based ou r pnrceatagc of
fccs charged. During ttc d.rn-up p€riod, hovevcr,
coqeasation ray be based oo r perceotege of cither
gloss revcnues, rdjrsted grocs reveouee, or expeoscs ofr f-ility. Tbe service conlrirct EUst hsve r terE,
iocluding renewel options, ther is aol louger thra 2
ycrrs- Thc cootrsct Errst bc c..oc€l8blc by thc quelified
oscf, oa reasonrble ootic€, without p€orlty or c8usc, rl
tbc cod of thc 6rst ycar of thc contrrct lerm. This
stioa 5.02(2Xd) rpplies ody to (i) seivic€ contnc6
ulder which $c sewicc prwider prirrily prwidcs
servbes !o third pertics (e.g., ndiologt scrviccs), or
(ri) srvicc conanct8 involving r facility duriag ra
iaiti.rl st:rt-up pcriod for which therc h.vc beco iDsu6-
cicat op€rltio8 to csteblish r rcgsooeblc cstiortc of tho
rffit of thc unud Sross rw€ouca rad cxpcascs
(c.8.. r servicc cootnct for 8€oc,rl Er[8gc8at
scrvi<: for thc 6rst ycer of operetion:).
03, Contr.cr ero. Thc tern of thc sewicc
cooE ct Errst Dot cxc€cd 6vc ycrrr, including dl
rcocral optioas, or lhe shoicr Friod, if rppliceblc,
prcrided ia soctionr 5.02(2)(c) rnd (O' for ccrrria
corycosetion rrrrogcmats.
O{. Ceaccllrtion wi6out peorlty or cr',!c. Thc
seryic! contrsct Eust bc calcclablc by thc quelificd nscr
rpoo reasooeblc aoticc d tbc cad of thc third ycer of
thc cootracl terE, withoua pcadty or crusc, or rt tbc
czrtier limc pmvided h sectioos 5.m.(2)(c) rad (Q for
crrtri! coEpe[srtion rrflngcrDcats. Contract
termiartion peorlticr inclu&: r limiurioo on thc
quelified user't right to corycrc with thc servicc
prsrider; e rcquireoeot thar thc qulified user purtlrsc
cquipmcnt, 8ood!, or servicca ftom thc servicc prwid-
a; ad r requircneot tb.et tbc qurlifed Lser p8y liqui-
d.ted rl.'n'ges for cencellatiol of tte servicc cootrrct
lo cootrssa, r rcquircmeot cfcctivc on csaccllrtion thrt
h€ quslified user r:imbursc thc servicc providcr for
ordiaery and ncccssary expeoses or r resrictioa ou thc
quelifiod user rgainst hiring key pcmoaacl of thc
servicc provider is geoerdly not r conhict l,erEinsl.iou
pcsdty.
05. No rcleted pertres or coEEoa coatrol. [a
gcaeral, thc servicc providcr Duust Dot bavc ray rolc or
derionship wit! thc +ulif ed user tbrl, ia cffect,
subeuatidly liEits thc queli6cd uscr'r rbility to cxcr-
cisc ils righ6, includiag cencallatiou righs, urder tho
s.rvicc contr8ct Not Dr! tbra 20 percral of thc votilg
porvcr of thc gor.crniag body of thc qurli6cd uscr ia thc
8ggregste Ery bc vcslrd iD thc scrvicc prwidcr rad ils
directors, o6cen, shercholden, rad coploycc.. Noa
oore tbaa 20 pcat of lhc voriag porvcr of thc
govemiag body of thc servicc prwider ia thc rggregaa
mey be vested in thc quelidcd us.f rDd its dirEtor8,
o6cers, sharcholders, rad cmployccs. Furt[crmorc, tho
ovcrlapping boerd oembcrs Eust lot includc lhc ehicf
erecutive o6cers of the seryic€ providcr eod thc
qualiEed uscr, or tbcir respcctivc govcming bodics. Thc
qudi-6ed user aad the sewic! provider under the scrvicc
caotract Dust Dot be EeBbers of tbe sam cantrolled
group, rs defacd in sectioa l.l5Gl(f) of thc regule-
tioos, or rclated perso6, ,s dedled ir s€ctioD 144(eX3)
of the Code.
SEC. 6. EFFECT ON OTHER DOCUMENIS
Rev, Proc. 82-f4, 1982-l C.B. 459, rud Rcv.
Proc. t2-15, 1982-l C.B. 461, sre Drdc obsoler..
SEC, 7. EFFECTIVE DATE
This revcouc proccdurc is cfrcctive for ray
servicc contr.l cnlerEd inio, Eat€ridly uodi6cd, or
ertloded (oth€r thaD pur$r.ut !o r r€ocu.d optioo) rftcr
Mrrch 15, 1993. In ddition, rn issucr ory rpply this
rcvcauc proc€d[€ to tny eadicr servicc coElrrai
inrolving facilitice fnrnccd with procec& of rs issuc
to which secrioo l30l(c) of thc Trr Rcforu Act of
1986 epplies.
SEC. 8. DRAFTINGqIFORMATION
Thc principal ruttor of this rcvenuc procodurt
ir Dcvid Whit of lhc O6cc of lhc Assisleat Chicf
Counset (Fiaaacid Instiurtions ad Producc). For
furtter iaformstion regudiag this reveauc procodurc
coEtact David Wbitg * Agzt 622-3980 (Dot t bll-ftEc
ell).
htcrod Reveuuc Servic!
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