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HomeMy WebLinkAbout36685 - AGENDAS - City Commission 1 1 10/9/1997 11:14 am CITY OF DANIA Page. 1 Clerks Index, for Windows Legislative History Report Selections: Doc. Rot..... All �--_�'- - '-'---- Action Code..: All -_- File Ref fl...: Ali Referred To..: All fit Keyword(s) 01: All v� f12: 93 Sorted by: Doc. Date....: 10/I5/1996 - 10/15/1996 1: Date/Item • Cont. Date...: Beginning - Current 2: Doc. Ref./Gate/Item 'i' Cont. Date...: Beginning - Current 3: Item Ref. i Doc. Item Action Ref. Date Ref Code Brief Description Keywords t MIN 10/15/1996 1. DIo BELL SOUTH MULTI POLE:,/TFLFCODMUNICATION BENINATE, VIC REPRESENTATIVE ACT OF 1996 Rot Code- File Ref 0..... BELL SOUTH DISCUSSED TOWER LOCATIONS MOLE ISSUES Cont-Con[- ^��curity Class- MULTIPLE FRANCHISE FEE, F,xP - Referred to.— POLE LOCATIONS AND LOCATIONS OF POLES TO 1' ._._ TELECOMMUNICATIONS F'P1.AND BELL SOUTH MIN 10/15/1996 _. CON CHARTER REVIEW RECOXNENDAiIONS HIRSCH IIIRSCII, HOWARD PRESENTED- - - - - - - - - - - - - - - - - -EPARTMENT HEAD - - DEPARTMENT t Het Cude- CHARTER REVIEW BOARD 1 File Rot q ,,, CITY MANAGER F � r Cont- Scurity Class RECOd'MrBUATION.`, FOR HIRING AND IFi1NG 1 1 ( E:: Referred to... CHANCES 70 THE WORKSHOPS TO BE SCHEDULED r J - _ _ _ CHARTER DISCUSSION NEEDED FURTHER h1IN 10/I5/1996 3 CON PIER RESTAURANT UPDATE CITY MANAGER RESTAURANT FOR Per Cade- Filc Ref R.... RECOMMENDED TO CITY TO BUILD A SHELL Cont- Security Class- ADVERTISE ANOTHER 868 SQ.FT. FOR 4,000 FT SHELL REP FOR THE E BAIT SHOP DISCUSSED 1 xp Referred - _ _ - - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _t Ffred to... CITY hIAtJAGEIi - _ _ _ - - PIER RESTAURANT - _ _ - - - - - _ s.. MAINTEE14A.NCE AT PIER DISCUSSED ! 3 Items Printed i{ { User ID: CS t I 1 ki 1• 1 � t 1 t"Feb a � � F All, o t r 3� I r� 1 .• Ilrf �r t• t k \ �1� l �f k 5 `'•1 l� � f 1 i 1 t < 1 i i 1 31 t t 1 Itl �. r7 n r 1 f r t 1 tr 1�I t C 4 L I,i• { N ftit . t-. ... f•.x+..::3=t.- 1 c�fk ar�'I�J '. , 6 iCN MINUTES DA'-JIA CITY COMMISSION WORKSHOP MEETING OCTOBER 15, 1996 Mayor Bertino opened the meeting at 7:30 p.m. ♦j f , ROLL CALL: ,�, Present: ay ,' Mayor: John Bertino Vice Mayor: Bobbie Grace " Commissioners: a Albert Jones Bob Mikes City Manager: Mike Smiths City Attorney: Frank Adler ,f s City Clerk: Marie Jabalee Absent: a F { � N f1 L 1 Commissioner: Bill Flyde 1. Introduction of new Bell South representative Vic Beninate `" { J II' l A: 1 ry a) Multiple pole issue } l� vi t b) Telecommunications Act of 1996 <: Mr. Beninate provided numbers where he can be reached - office number#492-2707, cellular #801-4623, beeper 357-0828 and home 561-6689. t" Mr. Beninate explained that the Telecommunications Act 1996 has opened the local telephone r2 7tk i M market up to all competitions and caused changes in tower citing, restriction on plant equipment u�b and right-of-way issue. 2. Charter Review Board report. 3. Update on Pier Restaurant. :x. 14 1 h j l t� 1 t. r V vk fl JiJy:rv;;` r / I i O414� twE k i I Y^ u , I ±� had been doing so for a long ellSouth's rationale for installing the cable was hated as a relatively snexpens vime. He tated thate endeavor and that BellSouth had hopes of obtaining cable franchises from the City in the future. Y. d r' Mr. Beninate discussed ordinances other cities were considering regarding tower siting, restrictions on plant equipment and right-of-way issues. Mr. Beninate stated he could not advise the City regarding tower siting, but did comment regarding right-of-way issues. He stated there were two issues to consider regarding right-of-way; one being the taxing issue and he briefly discussed funding authority, and the other being right-of-way regulations. He stated that a lot of provisions in the ordinance were in violation of state, federal and PSC rules. He discussed a past problem regarding cables being cut and who should bear t responsibility for repair; and reported that the Florida One-Call Law was the he solution worked out for this problem. He stated most utilities participated in this Program and that the program equitably distributed responsibility for repairs to the parties responsible for the damage, t ' Mr. Beninate talked about a task force in Tallahassee looking into property taxes; Ee a second task force looking into telecommunications taxes and a third task force p looking into taxes in general. He stated the FTIA (Florida Telephone Industry Association) was going to propose a unified tax, in regard to two I telecommunications taxes, one being the franchise fee and t he other being Municipal Utility Tax (MUT). He stated a drawback to this proposal was that taxes would be remitted to the state and then forwarded to municipalities. He s ht . t that one of the benefits would be a centralized collection Point, t stated complicated methods employed for collection currently. Another positive benefit p thus relieving the 7 would be that more of the industry currently not paying would be willing to pay under this simplified format. He cited an example that BellSouth pays a MUT but cable companies do not. He stated under the proposed plan it may be possible to t r bring cable companies in with this format. Mr. Beninate stated this ro p posal was due to be released soon and he wanted to take this opportunity to inform the City. b. Multiple Pole Issue. ` The Commission was concerned about new poles going up next to old ones and ! the old ones not being removed. Mr. Beninate stated that oftentimes, BellSouth, FP&L and the cable companies are on the same pole. Mr. Beninate some cases BellSouth has put up new poles and their wiring cannot be stated that in transferred onto the new poles until FP&L's wiring has been transferred first. He asked for a list of locations where meeting with FP&L, Be t BellSouth and he City the dual l to address thes are is ggested a joint issue. Commissioner Jones asked about the liability for the double poles. He stated that ' r they cause visibility Mr. Beninate stated he could not address kthe liability issue becauser. Beninate where thebhe was not an rti attorney. { r WORKSHOP MEETING 2 OCTOBER 15, 1996 1Y 1 ' V Al 2 . i `t t r Mayor Bertino stated that in addition to the liability issue, the double poles look terrible. He inquired about ascertaining ownership of the emp ty poles. Mr. ,Beninate stated there was an identifying brand on the pole and if that information :. could be provided on the list, it would help expedite the process. 2• Charter Review Board a Howard Hirsch, Chairman of the Charter Review Board, disclosed the information that the Charter Review Board garnered; specifically, that a contract should be i necessary to retain a city manager. He reported that 26 out of 28 cities in Broward County have contracts with their city managers. Mr. Hirsch stated that 4i;, the city manager should have the power to hire and fire department heads. He � further stated that contracts are for the benefit of all parties concerned and would Provide security and continuity for all parties. l F Commissioner Mikes was concerned that enabling language was proposed to be r . , stricken from the Charter by the Board. He felt that the city manager's ability to ` I deal with future situations should not be restricted. He reiterated that a lot of the language in the charter did not pertain to the day-to-day operation of the City, but 1 provided for emergency situations. He felt that an attorney should review the Charter changes to make sure the City is protected. Mr. Hirsch advised that City , s < r: Attorney Adler was present at most of the Board meetings. l Commissioner Mikes questioned the Board's findings regarding calling of special meetings. F A discussion ensued regarding the pros and cons of having a contract for the city x manager. Mr. Hirsch suggested that this issue be discussed at a workshop 4' -. meeting and the Commission agreed. s Commissioner Mikes stated that an issue that repeatedly comes up that should probably be addressed in the Charter is whether or not prospective employees 'must live in the City. He felt that this should not be a requirement. He cited, as an ` example, the confusion regarding conflicting information given to city manager i candidates. 3. Update on Pier Restaurant City Manager Smith stated that two responses to the Request for Proposal (RFP) were received but neither was satisfactory. He stated 60 RFPs were sent out but only two were received back. He suggested that another RFP be prepared using a build-to-suit lease agreement for the prospective tenant and that the City build the shell at a cost of$68 per square foot for a total of 4,000 square feet. A discussion ensued regarding the facility. WORKSHOP MEETING 3 OCTOBER 15, 1996 s .. ry y 5, U 1. :i t'. y 4 f Discussion ensued regarding the type of establishment the city is looking for. Commissioner Jones agreed that an existing structure that a tenant could work . with and use would be more inviting. Craig McAdams stated that the Marine Advisory Board met at the pier on Sunday because of the urgency in getting the structure built. Mr. McAdams stated that the consensus of the Board was the City's expectations were too high. He stated that something along the line of a Tark's Clam Stand would be appropriate for the pier. He stated that the Board agreed with the proposal submitted by Mr. Streeter. He {r stated the City would be better off if they didn't spend a lot of money on the pier, because whatever was built would deteriorate rapidly from the harsh beach y environment. He stated that an establishment serving hotdogs, hamburgers and establishment that fits with the ambience of the area would also be more "beach food" would be better suited and would save the city money. He stated an desirable. He stressed that other parts of the city are not being maintained properly and felt that the City should not spend a half a million dollars on the pier 'when other parts of the city are in need of maintenance. Beulah Lair commented that Mr. Streeter was not properly maintaining the pier and felt that whoever has the contract should be responsible for maintaining the P ,a complained that the public could not use the tables on the pier unless they pier. She stated that the restroom trailer was very unattractive. She also t ;' i'S purchased something from Mr. Streeter's establishment. Vito Mancino enumerated man y problems with the condition of the pier. His main concern, however, was the lack of signage leading to the pier. He stated that for { any business to be successful on the pier, advertising needed to be done. He agreed that the pier needed maintenance; that it already looks like a 25-30 year { ' old pier after only a year and a half. i Commissioner Mikes felt that the first RFP was too optimistic, in that it expected a �. I restaurant owner to build the pier. He then suggested two different lease arrangements, one for the restaurant operation and one for the bait shop !" operation. He stated that the bait trailer needed to be replaced immediately. He suggested if another RFP were to be sent, that an architect's rendering of what i the commission wants would be useful. Mayor Bertino agreed with the concept of splitting the lease idea but also suggested that the City consider running the bait shop/pier itself. Mayor Bertino felt that by having the City run the pier/bait shop, it would be better maintained and the property would be better attended to. WORKSHOP MEETING 4 OCTOBER 15, 1996 f � F i s kP } i ) ' SY r t� 1 r r. � 'rd I �t 4 r, CY , q i fl l 1 AGENDA '{ DANIA CITY COMMISSION WORKSHOP MEETING ri OCTOBER 15, 1996 y 7:30 p.m. `i 1. Introduction of new Bell South representative Vic Beninate a) Multiple pole issue b) Telecommunications Act of 1996 �{ 2. Charter Review Board report. 3. Update on Pier Restaurant. yxa A y ?'BN t� w `L vx" it N� r i 1 i t. _ r� J , r i < f 7 �yr�y� , r�� ,xv ofnl�.:• ty'rxsie�'r tJr,» F Y $ :I rr n :j f:. t x. l w j. CITY OF DANIA z INTEROFFICE MEMORANDUM T0: Mayor and Commission FROM: Mike Smith, City Manager RE: Charter Review Board recommendations DATE: August 23, 1996 t t< , ; ---------------------------------------------------- ----- ,jam r The attached Charter changes are a result of the meetings held with the Charter ( ; ss Review Board over this past year. Howard Hirsch, Chairperson for the Charter Review Board, will be presenting these recommendations at the City Commission Meeting on g' August 27, 1996. /cs iq 1'1 t f I S A v. w a•s a w S 1 n f*, f / ,t 4 f 4 1• 21 ,+ t r L t I ARTICLE 7. MEETINGS OF THE COMMISSION Pt. 11, Art. 7, Sec. 4. Special meetings; how called. (Page 27) The mayor, , or the city manager, may call special meeting:, of the city commission upon at least six (6) hours' written notice to each member, the city manager, city auditor and clerk, city attorney and chief of police, served personally or left at his usual place of residence. The regularity or validity of any 'a proceedings, taken at any special meeting at which a majority of members of the city commission and the city clerk is present, shall not be questioned on account of any _• omission or irregularity in call such special meeting. ,r . ' ARTICLE 3. CITY MANAGER* t : Pt. III, Art. 3, Sec. 3. Right of city to enter into contract of employment. (Pages 31- 32) 1 City Manager has right to enter into an employment contract with the City. City Manager may appeal employment contract not being renewed at its expiration or if contract is terminated by city commission during its term. g' ARTICLE 8. POLICE DEPARTMENT (Page 40) " Y Cnn 7 EXtFa patrolmen s � t e The Ir#t 2 j4 service. Na�ti.,n ..st-as a 1 YYty 1Gf the FRaY9F at times ef qFave eFneFgeRGY. SuGh peFGGa-skull be d _p ♦ � n' \:9 case-4P4OC-C E , : Sec. 4. Suspension of members of police department. s pnv ncncrnl ineK.: �n r.�nif{.+ ^RY athe FeaGanable GauGe-.4This item is covered under the collective bargaining unit.) ' ARTICLE 9. FIRE DEPARTMENT (Page 41) Sec. 1. Created. 4 •{ � S ' 4 �t t ' 1 !' PN L [l `� 11 � 11 f i � 5 ` I FA r - f L A fire department for the City of Dania is hereby created and established, consisting of a chief and as may subordinate officers, f+remea (firefighters) and employees as may be necessary. The chief of the fire department shall be appointed by resolution adopted by the city semm;,wea (manager). All subordinate officers, frrernen • (firefighters) and employees shall be employed and appointed by the chief of the fire department, subject to the approval of the city manager. (Sp. Acts, Ch. 67-1256, Sec. 2) Editor's note-Section 1 was repealed by Sp. Acts, Ch. 67-1256, Section 1, and a new section 1 enacted in lieu thereof of Section 2 of the act. Feasenable- ✓'� . This item is covered under the collective bargaining unit.) ARTICLE 10. REMOVAL OF DEPARTMENT HEADS (Pages 41-42) Sec. 1. Procedure required. All Department Heads with the exception of the City Attorney are hired by the City } ii 2 r Manager. The City Manager may remove these Departments Heads at his discretion. � r j ARTICLE II. DIRECTOR OF UTILITIES* (Page 42) Y . (Sec. 1. Position established; appointment; compensation; duties.) i The Charter of the City of Dania, Florida, is hereby amended to provide for the position of director of utilities which position be and the same is hereby established. The director of utilities shall not be under the classified service, but shall be appointed byre6elutien of the Gity GGFf1FAi6GiGA upen the FeGammendati n e#the city manager. He shall serve at the leas of the city senissien (manager) at such salary as maybe s' fixed in the resolution ppointing him. The director of utilities shall be responsible for the operation of the water treatment plant, the water distribution system, the sewer collection system and such other duties as may be delegated to him. (Ord. No. 22-90, Secs. 1,2, 5-8-90) ARTICLE 2. DIRECTOR OF PUBLIC WORKS Sec. 1. Position established. (Page 42.1) The position of"director of public works" is hereby established, and same shall not be under the classified service, but said director of public works shall be appointed by :.i . s. r' r, t a Y r ;' cF V 1 {I x' the GR the city manager. He s< hall serve at the pleasure of the city serRrRissieR ( manager) at such salary as may be fixed in th eso utio appointing him. . (Page 43) n,t . ARTICLE 3. (GROWTH MANAGEMENT) DEPARTMENT (Page 43) Sec. 2. Ghle€-inspestO (Growth Management Director) gl See Code of Ordinances Article 5. k" 4 y4 See- 3- Assistant building inspeGter. l x s z in i SeG 4-El GtFF6al iRSPeGtAF. ry r: I1 ng uF;deF the 6UPPFViGi9R Of the G f. r x building ne r ^A (Page 44) Cj n bUiId+Rg+Rspeet0F (bu+ldiagef dal): ROG. 6. Other employees. y `.�., a6FFB itted by the Gity . , A RTIC S A EPIGINCCDING DERP RTMENT-(Page 44) i 1 : Established. 1 . ---AR-eng#eeri may be estaig rz r+ v r t a b r 1 : Y „ i s 4 e > r✓ s r. d m J' m _ _ Other employees. tG San 3 Seg. 1. Established-. publiG ways Of _ _ as may be ReGessaFy may be _ time to time ARTICLE 1 SEWER DISTRIBUTION (Page 46) • (Page 46) the duties a66;gped4o4447A-. MENEM mwit - = . - - - _ r " ' "'�i d6�fe `r.�>,+"!'4,_.+�4Yi".. «..`-�•� .,:,: „dry. .. c y free to the 'Re At the inhabitaRts of the Gity, subjeGt always to 6UGh Fea6GRable v� Funds. Y rr All 6peGial taxes- levied Ar An"erted and ;;I' fi-pdr donated, OF R aRy way aGq6l Fed 11 1 W aRy etheF purpose. Spa 7 Amendments of hy4aws-. Any bylaws OF Fegulatiess established by the 1ibFaFy beaFd Fnay be amended by the- 1 pp� ' R tJ �ppfen Cq +1. ARTICLE 2. PARKS AND RECREATION BOARD (Page 72) San 2 -Af€serr 1 as; •c t; 1. s A; ARTICLE 3. ADVISORY BOARDS (Page 73) 7 t; Sec. 1. How constituted. ^'" The city commission may at any time by resolution appoint advisory boards composed of men or women who are residents of the City of Dania for a period of si* (6) FFIGRths (90 days) prior to their appointment and otherwise qualified to act in an advisory capacity to the city commission, the city manager, or to any department of the city government, with respect to the conduct and management of any property or . .. institution or the exercise of any public functions of the city. The members of such board shall serve without compensation at the pleasure of the commission, and their duties shall be to consult and advise with such municipal officers and make written recommendations which shall become part of the records of the city. (Ord. No. 26-93, Sections 1, 12-14-93) d � + , 1 i f r 4 , z Kir ' r e7, i i i),t f • ter. t is w f v Y �r + r %a".'>YY� i. t + i I du r F y Editor's note-It should be noted that Ord. No. 06-95, Section 1, adopted June 27, 1995, purported to amend Pt. XI, Art. 3, Section 1, to eliminate the requirements of real property ownership to be eligible to serve as a member of the "airport advisory committee." Inasmuch as Art. 3, Section 1 made no specific mention of the airport ` advisory committee or a freeholder eligibility requirement, no textual amendment has been made to such section. The user's attention is also directed to Pt. IX, Art. 2, id ' > , Section 1, as amended by Ord. No. 06-95. q Ly •' i 15 , 1 �S �s n i a C F 5 l f � t 1, i 7 � 0 S jJ i4 � FAG{. F P a rlh pF L. Il ),YVH I Y G Yt^�f � L' �ry ! -Y��4• d�;xP�P I tl. J SJS ' E t g��4i➢� 'J�ia �fti+1 �t QVi ,}yM145 A + P U �� (�'R2 F 1 g10.Ni'1 • 4 Aai _i f q e 1 v t.. L } i t;� I 2 { h 1 i 1 r1 i � y+ r' R FP 1 ' �w �Y irt�Y iI ' Ocean Pier Restaurant, Bait Shop o jarf� . 6 H 511kt Z J s Dania, Fl. ` 'f 'i x E• vuQ Submitted by fi .� , Dania Pier Management Corp.j h,T �yy4i'+p +A K 1 { Iy ( u JI ! I t� I x •'. � . s I` I, 1 1 1 In4 tl + ly 4r�f? J� �` il 5 C 4 J 4 ,n; � C y•. . t b t � " 4 �x ,l`y� l yla I i• If individual or partnership, answer the following: 1. Date of organization Name and address of each partner: r. Name N/A Address tln Name Address G Name / Address a �6 All proposers answer the following: 1. Number of years experience the proposer, making the proposal, has had in ' operation of a similar business. 18 � s 1 Y F: Vry i yr t r Y F 4,' e t. a t ' 30 leV,i a'�7f [� 'C �t fy+t�yti4 i F '�'L✓fit �'�'� �'+'�"��,� r :R/rt ti�i y�-_ o w �'r` 7tr 4i'X( ✓�� hs i � ar Lryq�-t �ir: >•p7 r��d r�� k � , k - , e r aka k V fly 11 iv 4 1 rr j I � l t r 2. Past experiences in operating similar business enterprises. (Attach additional sheets, if necessary.) t t � f` Business Dania Pier Date of operation 1086-1990 / 1995-1996 Type of operation Food Beverage, Bait & Tackle if r � Location Dania Florida OMIR �but Business Rosebuds Nightclub , r Date of operation 1991 -1993 t Type of operation Full service food and drink w/entertainment yy t�t ;• T Location Ft. Lauderdale Fl . 5 , 5 d `tir / Business Sea Club t .... Date of operation ° a � Type of operation Food, beverage entertainment r , Location Ft. Lauderdale Beach * All of the above were large scale operations. * Also included are Montego Bay Loung and Uptown Nightclub in Ft. Lauderdale. , F r � s v t , i 1 r t 31 rr a F it , (Fdr��'^��{•Y}N f 0 $ A �r� ( � Y l Y i ,S✓rby tt2�1Y�w 1�` 'y Y dy, 1���3�r'Rtgyf+'x v °°, > e. � - to is ✓ 4 t 9 4 r V j' I , , f } •t List below names and addresses -of landlords for the operations listed above. �i Operation Landlord Address a• Dania Pier City of Dania b. Rosebuds Owned r y C. Montego Bay Owned a ff � '. 4. In determining the ability to perform, the Pier Proposal is concerned with the past �1 performance and integrity of a Developer. Accordingly, Developers should provide information as to any of the following: (a) bankruptcies; lb) mortgage foreclosures; (c) 1 t' pending or past litigation which would in any manner affect the ability of the Developer t � or its principals, stockholders or principal partners; and (d) restrictions, restraints or y impositions imposed by Federal Housing Administration, Securities and Exchange Commission, etc. s ` 5. Bank References: " Bank ct� s Address Great Western Dania Beach Blvd Dania x�tS 1st Union Dania Beach Blvd Dania t^ t• / 6. Outside Accounting Firm Address: Better Income Tax. Ft. Lauderdale Fl. 32 a r j� rR y uA 4 4 i 'l i I i. i 4 7. Other firms owned by business: K rt Name of Business Address % Owned Y , a , N/A aN. 1 8. Names of other business in which owners or partners are involved: iC4 {tih ' ro Name of Business Address Type of Involvement °'' :1 u" �es 4 S N/A i 9. Pending or past litigation involving business or its partners/officers/owners: p1 ; Y >v 4 G f Plaintiff Defendant Court/Address ? 8r NIA (� X 10. Please attach a Financial Statement for business. , N/A " 11. Source of Funds: v 4 Investments w . 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 t r 4 to be true. The undersigned proposer agrees to furnish additional information as required l by the City of Dania. All information provided is a matter of public record, Proposer understands that the City of Dania has the right to verify the information submitted and may seek additional information on qualifications. In addition the proposer agrees to personally guaranty the terms and conditions in the agreement with the City of Dania. t i 4 T it r n �Y . 33 v J.f✓ If{t r off,+ l'lM ,1 ,4 .. N f l�.tiit, r yy 0 n r. i i Dated at Dania this 16 day of_July' = 1996. WITNESSES: (Seal) Type Name WITNESSES: If corporation or partnership: i E F Dania Pier Mgmt. i ~' Type name of firm .' ,.f (Seal) F , STATE OF FLORIDA) i I Y l Y J r :SS. �� 4 • fA LA 1 , 0 COUNTY F ) /Glp/his S Z,y ✓ayGc. a ' F Type name being duly sworn, deposes and says that he/she is the r y yy y`L of AAA e/heAg--l>>•e� ? ; # (name of company) ; 1 L a and that the answers to the foregoing questions and all statements therein contained are 4 true and correct. Sworn to before me this io day of�Usti 1996. My Commission Expires: 17 `­77 _ 7/�PATRICIA CERNIGLIA NOtefV_S i•i s o f F I O i i e a Notary Public i :IAV Cp .EYP 061 V96 ,\" cmrn# CC372779 J`N�M^lJn MTMA I 35 it , f �1 5 2 L i h •IO...C�t.. - 1 y �n EXHIBIT "A" The following explains the payment structure which Dania Pier Management is Proposing, after the total construction costs which it is incurring of approx $400,000 to $450,000, and after Dania Pier Management receives the Certificate of Occupancy to operate the a�+ y restaurant Gift Shop and new perminant bait shop. Restaurant rent (monthly) R y; year 1 = 0 base + 10% of gross revenues t year 2 = 1,000.00 + 10% of gross revenues E ,b Remaining term = 2,000.00 + 10% of gross revenues }} x r v h `Projections after second year , 5 year average. Monthly u r 1. The Bait Shop . base 1,000.00 r+ a Half the entry fees. based on 95/96 6,000.00 2. The restaurant, Gift Shop base 2,000.00 10% of gross less tax, ave 5 yr projection 3,500.00Xl } ° z Monthly *Projected Yearly to City of Dania , $ 150,000.00 If propose $2.00 parking accepted, additional $ 45,000.00 s , "Yearly Grand Total to City of Dania $ 195,000.00 . i 36A IN IF MF t � r t 4 lyt pfC , l .• tk . , 6'�l,i f(5*15Ai{ ' l i rj {ray, d i58 x�a.� A' Y 4 iy icY"\,pw i �. � w'. s . .Lw,tr��y,..,,.cEM�lr• , -I j ,�.'Fr..� k t. 1,Id Estimated gross income for the first five (5) years of operation is: -s Ist yr. 350 , 000 2nd yr. `400 ,000 ` r 3rd Y ^ 4 S 5 000 ' 4th yr. 450 , 000 5th yr. — 500 .000 Total 2, 125 , 000 , 1 1 4 l z ihti r } q a v i Qi•k�y4 ✓( i ��r e 4 5� 4 Pr.{+� • S. d r Y u t 1 � r , I C r _ f � i ,i r � Y tJ, + 37 'T p�f Mv �✓s w.a fl � t rt �V9}"`. 1 it SO�y^2fF 'Vy: �if�!f4' Vnj `v;� t V! i 'A [ i yi�il•us e P Jhr n"' r 4 s C. 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 Internal Revenue Service Revenue Procedure 93-19 for a fixed fee to be paid to the proposer by the r City of $ N/A (See Exhibit "A") D. PERMITS, TAXES LICENSE The proposer shall, at his/her own expense obtain all necessary permits, pay all s, license fees and taxes required to comply with all local ordinances (except for off- "*M street parking and other CITY site plan requirements which may be waived by the rt fC CITY), state and federal laws and rules and regulations applicable to the business p ;} 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 J � proposal. ' S JflYr ft`'f� fC " E. CAPITAL IMPROVEMENTS All capital ,improvements shall meet all applicable federal, state, and local i 4# q` requirements. (Provided that zoning requirements relative to land development issues shall not be applicable to this City property.) All improvements shall be - i planned in conjunction with state regulations and the ability to receive required k: ti permits be reasonably assured. LESSEE plans to spend a minimum of$ 400 00o ' ` t on capital improvement including the foundation ($ N/A per square foot), the =;x building and the equipment to be used by the lessee. The foundation payment i r 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 $ N/A. In addition to the development of the restaurant, the operator will be required f ,. to construct a major shade structure on the Pier at a site and of a design to be approved by the CITY. ra r 38 l Drawings, renderings and descriptions of sufficient detail to accurately depict the proposed improvements, (both interior and exterior and including the shade structure), equipment to be installed, colors to be used and eventual design and appearance of the restaurant and signage and all appurtenant facilities are attached. (Please attach) The successful proposer will be required to complete the structure in M;, .. substantial conformity with all renderings, drawings and descriptions submitted. t The CITY reserves the right to require minor modifications relating to the design, rk materials and signage of the restaurant facility and to change the proposed color ` , ,1 scheme. v f .� r s I : I •s ,I 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. r' S ,� F. TIME FRAME. ~ t ); a. Within 60 days of an executed Lease Agreement schematic plans, design development plans and working drawings shall be submitted to the CITY I f"• `�� "_sr . . for review and approval. The CITY review shall be completed within sixty (60) f: days of receipt. r �> b. Proposed capital improvement work, as outlined and approved, shall be Y completed in 180 days from the Notice of Commencement issued by the 4 t � CITY. (This estimate should be based upon the assumption that continuous work ( will be permitted once state and local permits are issued.) H. 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 j operations in the area, at reasonably comparable prices. All personnel shall be 39 p l A t � T ' 7 ; C r v t a r. courteous to the public and patrons. No other business shall be conducted on the x premises other than the operation of a restaurant, baitshop/retail and associated 'a operations. 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. P LESSEE plans to open hours per day and a total of hours per week. 14 p'4f)c P'S x Sunday a A.M to 7 P.M. �= Monday 7 A.M. to 7 P.M. � n. Tuesday 7 A.M. to 7 P.M. Wednesday 7 A.M. to 9 P.M. 4 "r Thursday 7 A.M. to 7 P.M. a Friday 7 A.M. to 12 MidnigRM. k Saturday 7 A.M. to 12 it P.M. 34 t I. DESCRIBE YOUR PROPOSED CONCEPT FOR OPERATING THE PIER } : e RESTAURANT, PIER & BAIT SHOP, In your description, please include a discussion of: kY; a. The type of menu items to be offered (including but not limited to whether "d there will be separate breakfast items offered); 5 Y ' b. The type of equipment to be used in its preparation; i c. The manner in whirh 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; I a'. fi d ) 40 a x 1 e 5 ti�i � Y- a : Alcoholic Beverages Our intention is to sell alcoholic beverages, the hours of service would be within the times set fourth by the City of Danias alcohol service ordnance. The beverages served would include, wine, beer and Liquor. Service would be performed by waitresses, waiters and bartenders. Obtaining a liquor license would not be a problem, the intention would be to acquire a 4COP, or a 51% food SRX License. tyj Other Retail S�bace rn� The bait shop would be stocked as it now, which has been r \ yF quite adequate for the fisher mans purposes. 0 x A retail Gift Shop would also be added as per submitted ,y drawings, stock would consist of all types of gifts, post curds, and items with a Nautical theme in mind. s .��. •' �;, Pam Dania Pier Management requests the use of its existent parking lot and the additional west parking lot for its patrons. e area, they across e p A fence would be erected completely the �wt ' fence would be in good taste and only erected after complete ' 3 approval from the City of Dania. The parking area would be policed by the pier operators and have one ingress and one " egress. Approved signs would be at the entrance stating "Pier Fishing and Restaurant Patrons Only". In addition the f G pier patrons could be charged $2.00 per day of which the City would receive one dollar per vehicle, which could result in the City receiving an additional $123.28 per day or $45,000 per year. There would be a person on duty from 9am to 6pm to police and collect revenues. The alternative would be to allow the patrons of the pier and restaurant to park free of charge. r I , } d }y s, I i.: ' 4 e J♦ vaX Y' Yl 7 'rY 3 A� ::1 y 1 1 F h i / e. 0 C e / r.5 �t t )5 1 1. P_ ttanP Al r_ The pier operators request that there be no cost be incurred by the operators in obtaining Dania building permits. ( I \ E 1.' tivfyt. ep}S t w i.! I ' 4 { F « t� '� FFt � �q�,it tl ysry y �1 3f 1 43 A 5 I I\ e 4\, 43 '{fix �C—�J ��f F{t. .S � I�e➢yF I('V �k $ Y Y k } y 6 t c v s L 271 ell 5, Menu I I Appetizers 8 eeials Conch Fritters Steamed Clams Shrimp Cocktail Raw Clams Chicken Fingers Raw Oysters Fried Mozzarella Sticks Steamed Shrimp Clam Chowder Hot Buffalo Wings Buffalo Wings ,r� I Sides i Entrees Basket of Curly Fries ( Fish Sandwich Basket of Onion Rings Seafood Platter Cole Slaw ' > � Fried Scallops Celery and Bleu Cheese }, Fried Clams Salad Fried Shrimp Chicken Ceasors Salad k r ry L Fried Oysters i Chicken Breast Sandwich Break ast Hot Dogs t t, ��rtLa , W Eggs Bacon, Ham or Sausa be : 0-1 Hamburger Toasted Bagel ' y Catch of the Day � r t{ Ribs Toast f v t I New York Strip Omelets ��" e • Grilled Cheese Pancakes ,, x i * Entrees Served With Fries or baked Toasted English Muffin `. ' I potato and Cole Slaw j h` Beer �> Deserts Draft (glass) ` Key Lime Pie Pitcher of Beer 5 fiA3';; Ice Cream Bottled Domestic Bottled Imported/ PremiumA. s ' f Beneraes Wine t Sodas Chablis, Burgundy, Blush Coffee Milk Orange Juice i IIced Tea Chocolate(hot or cold) * Daily Specials will also be offered on a regular bases. } *A complete stock of alcoholic j. beverages will also be offered. l a : ( 44ti r 11q, f, r vc W rc..y, •a f f '' r , ii �� ! t 1 fire s A t `v. * �4•-f'fr tt its ty ' ft, SC 4 s r , 1< r !t �4 ti r f r 11' ' ol m r Q t � LL III f` yr m ) r 1 Q - r s rxi bv,orfit"` a � 12 i J OF- m I r CE M -C V� t LL CL 50 Y ��iiM"rr22 � 4 fr's/ (D Y �.J T © \lI/R , IL in f ° - O Y r + re v co w t # r.v 1 4 y n#Tail V�N�iI�,�L+S i � �,��.) SM3+J'V� t r t it >,.t♦s�tT rin�.f,�v�' I e ._ t ttf a j is 4 is I cl r g t Y1� , J J f dt + 'G x r � C p.+ h I p rx I. J'f y t F���1 � �t:�w� F r yx�r,'• � r _ nnt MINN ca � i rf r r r r nhr F� co ufiy r"�w) b t c I 6 N ltta �.S ac t ki, b x ' ! r r. Y ; rYr ZN, Jr SC^ II � ,li w i } . r5 JksAio x,^rfl 47 s r ?ti c,xcj�Y r d t�,s n r•'.,' Aw+ . � �, x��fS� jt� � pyV, rT r ;» f f � iy n l { f Y l � � tt r t , x ii \ fi Mp a S� cu � ry + • i � t ea`J�ri +) t t t x CU / �; •� � t' cyst t !V c. s � jV 4 1 , a f fin s11t t r f a�6s 48 Mp;tQ�, Za F >7 h5Y F t .a Y •.; f � 4 y S.. f cr 1q r .._._.__.._...,. . � , fr "•d oiv Tt y ..k Q` ✓ t.Gr` ] I tJ� 1 l> } i � 7 t r T I M�zr J a t"�'F"��� t• ' r . ','• f 'bier n 5 t �• `�3 9 '� •�' �� ` '°at lk er I ��• �pii�)�ti - •� I k • I I t I r SS. I I 7 uA C � I 'r 1514�YI I r I Y° t y V4,� k! PV{�f 11�r xs { 7 l s� y I i e v i I ft T � I 1 i � I y � r_ t v i 1-All 00- i� I n ^ ow), II a n J I ` � I 1 1 = 'P1I r rg '�� I A •' ( k t r�h� ii2j ' r��j.�✓t u ' � 1`� y�lq `ti +g r I t - .jS.Y ............... v: , i i DANIA OCEAN PIER RESTAURANT PROPOSAL + ` ,•`; OBJECTIVE• - r To create a facility that will service the needs of beachgoers, tourists, area resid ents nts an d fis hermen. men. Th e facility create an awareness of the Dania Beach area as a fun place otos dine ould either for lunch or dinner or just to meet and have a drink. ,)Y. , DESIGN CONCEPT: RM - We propose five (5) independant areas of service: t 1 ) Take-out window located on the pier. " ?s�l 2 ) Full kitchen and bar located on the pier. j 3) Bait shop and retail area located on the pier. G„ 4) Boat docking and jet ski rental located on creek. " 5) Shade structure. x THEME OF RESTAURANT: x A sports bar and grill located under the ocean. The effect to be obtained by the use of fish tanks and creative lighting. The entrance to the restaurant will be a giant fish tank through which the patron will walk. The bar will be a fish tank. The ceiling will have diffused lighting to V R ,7 create the illusion of the waves breaking. !" STRUCTURE: - r Using wood and glass panels we propose to build a structure 40 feet by 50 feet on the extreme westend of the pier to house the kitchen, take-out area and bar restaurant space. The bait shop and retail space will be located at, the eastend of the pad, approximately 31 , x 161 . The space between the two buildings will remain open on the sides with a canvas roof to offer shade (approximate) 93 , x 40 ' space will be secured to the floor and be designed btos hold locaeither in this television set or an aquarium. The dance floor will also be located out here. t r v � , 1 Cont. ��'" f 1�i razz � � � « , H° a '♦'i i yj(y l' A y"1 / (r �Oa♦hfN C '47'11 y�.4y5 ��% SLY f i4 ; 1 t 1 t ' jx ;vye�.tti�? �..+En,as�+h ��.. •.. i ....::der. . .'^a.,;«:�.r. �:�'-"1:1:':. Sr (2) BREAKDOWN OF AREA FUNCTIONS : - 1, ` Area One 1 - ( ) Take -out Window - Hours of operation - 10:00 a.m. to 10:00 P.M. Build using pressure treated wood a new 10 ! x 401 patio with stairs from parking lot area allowing walk up to take-out window. This area to service people in a hurry as well as beachgoers who do not feel like sit down dining. Menu to include: - Cold Drinks Cold Sandwiches Hot Sandwiches �- - Fries r Cold Treats (see sample menu provided) n jI k Area Two ( 2 ) : - Restaurant -Hours of operation - 11 : 00 a.m. to 2 : 00 a.m. (Provided liquor licence granted - applying for SRX t ' Licence for 225 ca acit ) °}p Y) serving wine, beer and liquor. ., ! A casual sual e area w'� with an upscale menu A fun place to meet with N; ? a sports bar atmosphere offering live bands and contests. An overall place where people can mingle. Contests to include in-house ! `+° competitions asd well as house teams competing against other bars in eight ball, fooseball, etc. 5 • i ;V Area Three (3) : - Bait shop and Retail space - Hours of operation - 24 hrs. � f Located by entrance to pier, this space will offer everthing the to fisherman may need from live bait to tackle. The retail space will be y stocked with items for beachgoers as well as tourist from sunscreen to s� e I y Picture postcards. «xr ' Tv�` awl S ` Area Four (4 ) : - Public Boat Docks }. r - A small lock-up facility. - An area to offer jet ski rentals as well as small craft rentals and r instructions. Area Five (5 ) : - Shade Structure Located 3/4 down pier this area will be built in the same fashion as the main restaurant space for uniformity of design. It will offer soda machine service only. A television and under water camera will offer visitors a view of the bottom of the ocean. rc' i 1 a' cont. . . . . . . + f nr2�li Yy y r ' ...... ' J:. 1 � IL r , .t j. , 1 Y rG i i j MENU - Take-out area Prices available closer to opening [ COLD DRINKS Soda - Ice Tea - bottles - Bottled water ' - Power Drinks - i .e. Gatorade Beer (cans) Coffee (fresh brewed flavors available - i .e. Irish cream, amaretto) Iced cappucino l[k 6j SANDWICH (choice of White, Rye, Italian, Bagel) Lettuce, tomato and onion Tuna " �{ N y - Egg Salad +�" •� - Ham - Salami Roast Beef y 1 HOT SANDWICH Veal (hot, med, mild) topped with hot peppers, onions, sauce sre Steak (hot, sweet) y r, ' - Veggie (brown bean, garlic, soya) mixed veg. with bean sprouts. hrjY+' r tr - Hamburgers f xtr ` - Hot Dogs 'sJWw ..fM SIDE ORDERS + , + I - French Fries (regular and large) rz.�+, , •,p - Chili Sauce and Cheese " n r TREATS ;+ Ice cream and frozen yogurt (soft serve) 1 1. JI. I i t i M+ : 3M 3 r y ,in nt'RiXu rr nr a'. ^ t1° i�Ari J t � tw r 1 '+ Lr A Y n{ I 1. o a;I' MENU - Restaurant area COLD DRINKS - Soda (use fountain) a - Beer (cans) - Iced cappucino - Mixed Drinks (Liquor) Wines (by glass, 1/2 crafe, and bottle) APPETIZERS - Shrimps - Chicken Wings ' - Mozzerella Sticks 6.. - Brushetta - Fresh Articoke }... - Hot Spinach and Cheese Dip - Brie Cheese and Fresh Fruit ` �A•F,�n�Z.k h l .r. , T, PERSONAL SIZED PIZZA y Cheese * ` Pepperoni y' - ^} r` - Fresh herb and tomato - Grilled Veggie - Create your own; - peppers, onion, tomatoes, eggplant sundried t OLD FAVORITES ��� • - Burgers Y - Chicken Breasts Grilled Fish r . � r i 1 PASTAS Ji4lf i 4 ;' Various with daily specials ! SALADS :t t i - Ceasar Garden - Cobb - Greek SANDWICHES Tuna - Grilled Cheese and Bacon - Chicken Breast grilled Veggie e Y r5 cont. . . . • 1 i+rl i'C Lro ��*?. k vs v t r F r � 1191 ., y YI 9 !; # I t — I F, 4t Page 2 . . . . . , f w . I MENU - Restaurant area ' _SANDWICHES - Grilled Eggplant Cheese Steak - Veal rt HOT_ DRINKS Espresso ' l - Cappucino La tte * w M f < Il a f M lr�a1 I ! r° r t , h „r rt '. x • � t }��t t i Y •J � A I���� { 1 ,r,tl'j1 Kt "s �.', 1 i'fnrkK}4�v +��,i//, gSpA� 'r u � ��,r.•#Y ': i1'th� t+ fl ���'a"SSp�yin6 T�'d 'At!`• � T 5"C i4rt iSY� A�; r ct + N 77 .i�hYJ}lam, .11nI'4"t- �vl f. i '( � LJ.:'/..iiP�J:.+�.l. .a.Jv:.IJ'J/I�.0,v\ ..L(.n:Y✓n Ql:.1.:iJ1.1. _...n. .v_. n.r`lr .....r r... ... I design and type of construction. In the event the Lessee fails to commence removal or change within forty-five (45) days from written notice by the City, the City may effect removal or change and the cost thereof shall be home 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 4 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 j 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 y 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. Y j Lessee covenants and agrees that it has no power to incur any indebtedness giving aright 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 this provision of this lease. Should any such lien be filed, lessee shall 8 t 1 I V I \ r Nrv:w"` R I j 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 paid monthly based on the amounts set forth below: Rent for the period commencing with the date of receipt of the permanent certificate of occupancy for the leased premises and continuing for 180 days following such date l F ' the rental shall be $25,000. Thereafter $7, 500.00 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 I 1,}v extension thereof. I The rental set forth above shall be adjusted annually during the term of the Leas e t Agreement and any renewal or extension thereof to reflect changes in the Producer �{ r Price Index for Finished Goods published by the Bureau of Labor Statistics of the i United States Department of Labor, from December 31 of the year in which such permanent certificate of occupancy is received. If 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 ($150.00) 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 t' 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. , In 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 i g „ i r R� f � 'I 5 a , • x t damaged portion of the leased premises. If the reduction in 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. In 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. If 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. I}z )tz 1✓ • In the event of any controversy arising as to the proper adjustment for rental payment as herein provided, the Lessees P 1 hall continue paying under the last preceding rental J+ f adjustment as herein provided, until such time as said controversy has been settled. r IN f � 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 , • °li responsibility for all repair and maintenance and costs whatsoever on leased t' premises, except for the exceptions listed as follows, said responsibility for the care, ' maintenance and repair by Lessee shall not commence until the time period as set forth in Paragraph 1 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 P ' and maintain fresh water supply lines, sewer lines and drain lines to the property. 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 : 1 railings as well as any of the interior fixtures, equipment and personal property which are located in any parts of the leased facilities which are open to or 1 . z 11 �1 1 L)� F1 1 I ram: h I t 1 1 S Sf 4' 3 1 l � n v e r l , . 'n ,•vG.'Ykr. f. 1 , 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 ` 4 utility service lines including, but not limited to service lines for the supply of t water, gas service lines, electric power and telephone conduits and lines which a service any buildings or structures which are a part of the leased facilities. I r 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 r 1 responsible for any repairs including plumbing and electrical which are 4, necessitated within such restaurant restrooms. r � e} C. The Lessee shall keep the public restrooms on the leased premises open " s 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. y' t {t w 11. WATER DAMAGE: It 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 or for any other t ` 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 of the breakage, leakage, or obstruction of the water sewer or swell pipes, or other leakage in or about the said building. 12. UTILITIES: In 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 l t of the leased premises, including the restaurant, baitshop and restrooms. The Lessee r 12 Jr b 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 X the State of Florida, and listed in "Best's Insurance Guide", or a comparable r publication in the event of the discontinuance of publishing "Best's" said insurance company having a minimum rating in "Best's" of "A 1 0". .`' ti The policies or certificates representing such insurance shall be delivered by the Lessee to the City and each policy or certificate delivered shall bear the endorsement i 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 4 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 4 aforesaid and at any ti.me or times thereafter, the City may notify ,he Lessee in writing that the insurance represented thereby does not conform to the provisions of this i a paragraph either because of the amount or because of the insurance company or for rt r1r � fY�* 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. 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. 14 k J ° 4-1 f Y } L v Y o : w :j S ( 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 LIABILITY: The Lessee assumes all risks in the operation of the leased facilities described in Paragraph 2 & 3 of this lease agreement. The Lessee agrees j that it shall be solely responsible and answerable in damages for all accidents or C 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 f a <" I employees from any and all claims, suits, losses, damage or injury to personal ( ;R ) property or life and limb of whatsoever kind and nature, whether direct or indirect, I , 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 i provided exclusive of any areas which are maintained by the City. 18. NO ASSIGNMENT OR SUBLETTING, The Lessee is not permitted to assign, i- 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 transferable by any process or proceedings in I t; 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 f City. If the Lessee, shall, without the previous written consent specified in the first 15 WR Fx � 4 A3 C A 1 f If 1 L, , 1 �r .•lam �a t: h t r,r paragraph of this section, assign, transfer, convey, sublet or otherwise 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, I ;1 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 j t 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 1 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. r . 1r 20. TAXES: Lessee shall be responsible to pay all real and personal ad valorem taxes •z , } and other taxes which are now and may be hereafter levied by any governmental unit or agency having the authority to levy such taxes, upon any of the real property described in this lease, or any of the business operations conducted by the Lessee -' upon the real property described in this lease agreement. < + ° 21. OBLIGATIONS OF THE LESSEE: a ,A j ';• A. Lessee shall purchase merchandise and fresh food for sale which merchandise r and food is of a quality generally accepted in the market place as acceptable for purchase and complies 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. In addition, the Lessee must operate for the use and ` benefit of, and service to the public without imposing excessive or unjust or 16 y 1 'Y , i 1 A, i 1 abnormal requirements on customers, guests and invitees. C. The Lessee shall commit no lawful nuisance, waste or injury on the premises r; 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 1 force or enacted at any time during the term of the lease which as a matter of law t { ? are applicable to or which affect the operation of the Lessee of the leased property. The obligations of the Lessee to comply with governmental requirementskP is provided herein for the purposes of assuring property safeguards for the protection of persons and property on the premises. Such provision is not P to be construed as a submission by the City to application to itself of such requirements ( , , of regulations. l rs 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. 23. ADDITIONAL RENT AND CHARGES, If the City is legally required or elects 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 (1 5) 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 of the 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. 17 /4 + • a - a'. i t 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. B. Wasting Or Destruction Of Prooerf In the event the activities of the Lessee >: which are in derogation to the terms of this lease, are such as to constitute a I wasting or destruction of the [eased premises then and in that event, it shall not be necessary for the City to suffer the wasting or destruction of said property r 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 ` a ;^ or waste to terminate any act or practice which shall place the City property t y or the P P ert Y f t �� • of any individual located properly upon the leased premises or in danger of I destruction or waste. If 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 V such notice as contained in this lease agreement the Lessee has not terminated t„ 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 E part for any period or periods after a default of any of the terms, covenants and iy 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 19 1 1 • i..4+W..iti' .-:.Yam'.F.:n...... ._. I„ r 1 i 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 set forth in the lease agreement with the City and in an area of the parking {° lot designated by the City. The number of spaces and the proposed parking space ,a. rental rate will be included in the Lessee's project proposal. 29. HEADINGS: The paragraph "headings" contained herein are for convenience in I reference and are not intended to define or limit the scope of an `P y provision of this agreement. k i 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 i '•'. 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. 21 x ..e-'�Si9Lfs-6•+e": 3�y"r - .,..:.: .' .-;.;.. �'rt ... .F.p_: c 32. CITY'S RIGHT TO TERMINATE LEASE AGREEMENT: Notwithstanding 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 Article 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 k, to an appraiser to appraise the market value of said leasehold. In 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 1 wholesale and/or depreciated value of any improvements made to the real property, " 6 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 7 r property of the City after such termination. u. , 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. If during the period after notice ' s of termination by the City and the determination by the City to reinstate the Lease the t premises are not operated by the Lessee, the rent due under this Lease shall be t reduced on a prorate daily basis. t ri 22 1 Y43 �2J1 'fir 11 li 'f �y. i .t — r �i ,MIO�'..�'`^lA'-C�•rtr.'v�.;�..Y�i.� . . �, 2'rW"". C' 1 , • t 1' IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year first above written. f Signed, sealed and delivered in the presence of: AT.TF.RNATTVR Pnnn c7RVTryc„ INC { f A Florida �Corporation y. 8 .+. President 3 WITNESSES-.. ` As to Lessee 'N�,�r� � ;�` :• fFro ay r , t �p 1p As to Lessee ^ P t � e � sal 1+i r r >e< r7 �r 4r r v x � x 7 +I F 1' Jv 1 t 11 Y- 1 1 } 23 y v ri or y t J r rr 'r 19� �4'tMvl L y 1 •t _ a A �L;)i3} RJ E 4' t 33. PERSONAL GUARANTY- In consideration of the execution of the Lease 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 r payable by Tenant under this Lease. 34. LOCKS: Any changes in the locks for the leased space must be mach through r+� the City with all costs to be paid by the Lessee. If the locks are found to have been 41 , i. changed without the City's permission, they will be restored at the Lessee's expense. t 35. ENVIRONMENTAL AND POLLUTION: It is understood and agreed that it shall + be the responsibility of Lessee to comply (including applying for and obtaining all r. �✓, 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- ra� r {r compliance or violation whatsoever (including all related legal costs, attorney's fees, > f r r expenses, fines, penalties, awards, injunctions, and judgments) by Lessee, its agents, ' employees, principals, officers, contractors, licensees or invitees. F ' + y+ t � 4 t 42 1 Cat, t t i t �t 24 � r 7 r r , x 1'MV �J �• t , ' t ' � c a I r IV. OPENING. WITHDRAWAL REJECTION OF PROPOSALS A. 2eninp 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. B. Withdrawal of Proposal: Proposals may only be withdrawn in person by the bb X4 representative prior to the schedule time of acceptance. ray I a' C. Refection of Proposal: The City of Dania reserves the right to waive any <r t irregularities or technicalities in proposals in order � r r P P r to award a lease as it deems in the best interest of the City or to reject all proposals. y'S V. CONSIDERATION FOR AWARD The CITY expects to furnish the Ocean Pier Der 4r� u Restaurant patrons and the general beachgoing public with a quality restaurant facility, "z s incorporating the beach atmosphere and its decor. I Y N 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 chteria/weight. The numbers indicate the 4x importance the City places on each of the criteria as a percentation of a 100 point total. S r k�Y A. The base rent and percentage of gross contained in the 35% proposal and the total projected gross income of the business. B. Value of proposed improvements to be made by proposer 15% as specified in proposal. ` C. Design characteristics which include aesthetics, 15% architectural concept and design, function, the nature and s ` the design of the proposed capital improvements and eventual design and appearance, the likelihood of obtaining 26 �v MDR�1 S:i•a t '' ' D �?: X P Gy .f e i 1 ! Y u'�1 "''YYYY r ( yt�. y ••'r yr .. ,v,.� 7 � i i I C L the proper permits from state and local agencies, schedule for completion of improvements and integration of thei proposed facility with the beach atmosphere and the Ocean Pier. D. Quality of the proposed operational concept and plan 15% (especially as indicated in Section A - 7 and 8), including schedule for the facility, service implementation and food f„> : and beverage operation and integration of all these factors t7 with the beach atmosphere. E. Experience and qualifications of the proposer including 20% $�t$ financial capability, experience with similar or comparable ^ operations. Proposers may be asked to appear before an evaluation committee of City staff, if desiredx by the City and shall appear before the City Commission upon request to make a < t` 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 77 ti material changes in proposals shall be permitted. W The Committee shall rank each proposal by grading each proposer based upon the 1 ;, 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 4 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 i ' A 27 � . J r ' + § t' Y A 1 •y -2 I x 5 n"a SW 4 11 x t, t 1 Al f t 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. 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 t,4 � be part of the process. The City Commission shall not, as a result of expressing a ,. r 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 Y tv 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 j bids. K , a\ a. I I l 1t •i`}J 1 1! 1 G I V i f ' S . li If � �p 28 : t 4; FF( y 1 df J it °• _>' � ° s si tsf"��ry< ��r 1 rt• 1pi dblfi t v � , . C 4 M vl. PROPOSER'S QUALIFICATION FORM FOR THE a OCEAN PIER RESTAURANT DANIA, FLORIDA �y Proposals submitted by: (insert name in appropriate category) I through 3. °{ The proposer is: ;x 1. Corporation ALTERNATIVE FOOD SERVICES, INC. 2. Individual 3. Partnership z Principal Office Address 1002 D Islewood, CVE, Deerfield Beach, �I ti Fla. 33442 Wy rµ q Telephone Number_ gsa_ aa �am Authorized Representative _Gerald Alter w r The proposer submitting this Proposal warrants the following: The proposer is authorized to do business in the State of Florida, and if a + 3 s corporation, must be incorporated under the laws of one of the States of the United ` . ° States. (Proof to be required.) 1 If a corporation, answer the following: When incorporated , i4a What state -j , 1. Please list operating officers and/or Board of Directors. h' Name Patrick Chan Address Name r,Prnl ,l Ali,pv Address 1002D Islewood, CVE, Deerfield Beach Name , a . Address s� P , Ir ) 29 1 1 o 3 :) 1jJt lif•.. +a 1 I �, i k �vt M y • y f f j M1 1 i 3 If individual or partnership, answer the following: 1. Date of organization r Name and address of each partner: > Name 1 Address --------------- Name Address Name f / Address 4 All proposers answer the following: x� 1. Number of years experience the proposer, making the proposal, has had in ` { operation of a similar business, t ', z ,xt a ,+ r 1 i� y f 1 F / A A � 4 t 30 �6 Y 1J• . 1 � � i Y '• � ff 4 Y" F..f i �ry ,� • + A 5 1 � 1 4 e � ° y t t I ri 1 }q !i f 2. Past experiences in operating similar business enterprises. (Attach additional X ! sheets, if necessary.) ,q + Business Swirls Food Service , ! rJ iy 1 E Date of operation 1979 _ 1981 Type of operation Institutional Food Service i Location w George Brown College Swirls Food Service Business <y r v�'�°�. ^^ej'y. Date of operation 19e0 - 1982Y« � Type of operation P Recreational Food Service 4 Location n Richmond Hill Golf & country Club ma« y G^ �tittic r� ?s F Business Swirls Food Service a' rt r 7� Date of operation 1981 - 1994 ,i, ni•. Type of operation Recreational Food Service s. Location ''. , Oakdale Golf & Country Club 31 �kl t L i F tfn`'ir 1 T��I J�,UIr t� ry AL 4 W.y 41�ir•ttc�y%rC" }� A b r�ffi."y4 .if.n E �"� �!"•2x4� ���� �3 qS�U�� �Etf 4 S,�N —41 A Y: r'IfaY t , eG ttiz. , 5 P E tj lad .. ....__. .. i -rrc 1 2 ry4 + • i r f i I s 1 i ( 31a ) Business' Swirls Food Service ! Date of operation 1986 - 1994 ` Type of operation Institutional Food Service ' Location ' Humber College - Contact Person - John Mason , i Busness "ins •' Swirls Food Service Date of operation 1990 - 1993 y " Type of operation Institutional Food Service y, , � Ud Location f�X. Seneca College Business Swirls Food Service 1• Date of operation 1991 - 1993 � y Type of operation Recreational Food Service Location d ` Center Island t x to . Business Swirls Food Service ( � Date of operation 1992 - 1993 � } , Type of operation Recreational Food Service 7 Location Metro Parks i 'd r 5 r i , t 4 h L , tj1 r h � .i r• 1 e e� Fr 4 w y, r wrL r 'L Y o r„t sad 1 i a ✓� N 1 b } 7. Other firms owned by business: Name of Business Address ova Owned 1 " i 8. Names of other business in which owners or partners are involved: ! t� Name of Business lr {, Address Type of Involvement A'_ I f 9. Pending or past litigation involving business or its partners/officers/owners: + Plaintiff Defendant Court/Address sF7`11 1 10. Please attach a Financial Statement for business. { 11. Source of Funds: I 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 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, Proposer understands that the City of Dania has the right to verify the information submitted and may seek additional information on qualifications. In addition the proposer agrees to personally guaranty the terms and conditions in the agreement with the City of Dania. ' 33 qe 1 p E' Y r ` t IV Y 1 A 'U Afp y 4Y ' 1 µj+ I: t � t <r f ,r VII. BID PROPOSAL OPO In addition to the foregoing (all bid specifications and requirements set forth herein) the proposer proposes and agrees to the following terms: A. TO DEVELOP AND OPERATE THE PIER RESTAURANT AND: (Check other facilities below). ( x) Bait shop ( x) Retail ( x) Pier ti ( x) Public Boat Dock ( x) Other personal Water Craft Rentals kfryry { � ( ) No other facilities B. TERM OF LEASE 1. The term shall be 35 years. The Lease Agreement shall have two five (5) year options for renewal. " 2. The term of the pier management contract shall be three (3) years with a two a 3 tYJ (2) year option to renew. C. MONTHLY RENT i?-Yni 1. During the first year the rent shall be $ 7,500. 00. During the second and } third years of the Agreement the LESSEE agrees to pay the City of Dania an } 4 a annual rent of 2 , sn_ ,n The annual rent will then be adjusted every two t (2) years with the first adjustment occurring at the end of the third year, based on the total change in the Consumer Price Index for all urban consumers during the preceding 9 two (2) years. In no event will the rent be decreased. The lessee agrees to pay the City -ni2ra/o of gross (less taxes) in addition to rent. i E 4 L 36 t i a t A t 1 1 � ry, i. f I- 1 ♦ f 4 Estimated gross income for the first five (5) years of operation is: Ist yr. $315, 000 2nd yr. $346, 500 3rdyr. $aAi _ ii _9 4th yr. $403, 170 5th yr. $44n . nno Total $1 AA9 , 7A5 Nxw ( B. All entrymonies to the i pier will belong to the City. F k w h i!�r i hae 's I N n YL)y fn �t 'LrW SY V F. + f i(f 37 x r x, t a sl : v f t A J R , v yk l 4 1 , C. 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 Internal Revenue Service Revenue Procedure 93-19 for a fixed fee to be paid to the proposer by the City of $ 1 _nn (See Exhibit "A") D. PERMITS TAXES LICENSE r; 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 CITY site plan requirements which may be waived by the CITY), state and federal laws and rules and regulations applicable to the business ' +tt to be carried on under the Lease and the South Florida Building Code. Proposer °I i• shall list all licenses which .hich may be needed for the improvements listed in its I proposal. t: E. CAPITAL IMPROVEMENTS All capital improvements shall meet all applicable federal, state, and local y requirements. (Provided that zoning requirements relative to land development I issues shall not be applicable to this City property.) All improvements shall be w planned in conjunction with state regulations and the ability to receive required permits be reasonably assured. LESSEE plans to spend a minimum of$ nn.00 E on capital improvement including the foundation P• 4 per$ square foot), the ( e. 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 forthe Restaurant. For clarification, if a 4,200 square foot restaurant was built on the platform, the foundation cost would be 4,200 x $ In addition to the development of the restaurant, the operator will be required to construct a major shade structure on the Pier at a site and of a design to be approved by the CITY. P3, 38 a 8 :- ,1 f I l C � it Sy i 1 i` u , .r C. 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 Internal Revenue Service Revenue Procedure 93-19 for a fixed fee to be paid to the proposer by the City of $ i _M (See Exhibit "A") D. 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 CITY 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. 1 ` E. CAPITAL IMPROVEMENTS 4 9 i All capital improvements shall meet all applicable federal, state, and local requirements. (Provided that zoning requirements relative to land d y evelopment ` 4 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 ti permits be reasonably assured. LESSEE plans to spend a minimum of$425,4.ao.00 t on capital improvement including the foundation $ ( � per square foot), the building and the equipment to be used by the lessee. The foundation payment I , shall be paid prior to the issuance of a Certificate of Occupancy forthe Restaurant. For clarification, if a 4,200 square foot restaurant was built on the platform, the foundation cost would be 4,200 x $ e In addition to the development of the restaurant, the operator will be required to construct a major shade structure on the Pier at a site and of a design to be approved by the CITY. +L I f `i 38 r r .y. r{ +Id e °y. r x +4� t� I _ •^�R �4R J.3!:.k 1. i Drawings, renderings and descriptions of sufficient detail to accurately depict the proposed improvements, (both interior and exterior and including the shade structure), equipment to be installed, colors to be used and eventual design and appearance of the restaurant and signage and all appurtenant facilities 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, ( 1 materials and signage of the restaurant facility and to change the proposed color ,I, scheme. C 1 Describe the approximate customer service area (the area where patrons and public� the p lic will be permitted access) including square footage and the approximate locations and the number of seats and tables for patrons. 7 F. TIME FRAME a. Within 30 days of an executed Lease Agreement schematic plans, design development plans and working drawings shall be submitted to the CITY y } 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 A. s.A.P days from the Notice of Commencement issued b t `. ' y he CITY. (This estimate should be based upon the assumption that continuous work will be permitted once state and local permits are issued.) Would attempt to be completed for mid January H. 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 t 39 h, Z l } I t d `INl]t •r r ' � 6 �J 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. 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. i LESSEE plans too erfee propo Pl$;rs per day and a total of hours per week. r r Sunday A.M to P.M. ; Monday A.M. to P.M. Tuesday A.M. to Wednesday A.M. to P.M. P.M. ttt l Thursday A.M. toP.M. " Friday A.M. to P.M. ' Saturday A.M. to P.M. 1 t rY2`r ) I. DESCRIBE YOUR PROPOSED CONCEPT FOR OPERATING THE PIER A r RESTAURANT PIER & BAIT SHOP, / Y 1 JI J r1 In your description, please include a discussion of: y y y r a. The type of menu items to be offered (including but not limited to whether ° there will be separate breakfast items offered); 'v Ai �µ 5.N 8J b. The type of equipment to be used in its preparation; J 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; 40 r r t 1� 1: r a, 1 l 4P tt i^ r ' � } q J J I ♦ e. Pricing policy; f• Alcoholic beverage policy, including but not limited to whether you intend I 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. Indicate 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. +y' g. Any measures you intend to take to establish a drug free work place. ' I [, •i h. Indicate size and manner of operation forI ` A the bait shop, other retail space and ocean pier. 1 a i I, 11 j. •`x i r- i Il ' 41 4• i n'1 l f j , . �6N EXT These images were IP ® L L produced in the normal course of business by: 1 The Microfilm Depot/ Advanced Imaging Solutions 1213 South 30th Avenue Hollywood Florida 33020 i Brow: (954) 927-4404 ' Dade: (305) 625-0.509 E z I l j 1 , i ?i ( t 1 ' ire # i I