R7C - Extend Penrod Lease/concession Agreement

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA APPROVING ON A 5/7TH VOTE, IN SUBSTANTIAL FORM, A FIFTH AMENDMENT (LEASE AMENDMENT) TO THE LEASE AGREEMENT DATED NOVEMBER 7, 1985 BY AND BETWEEN THE CITY AND PENROD BROTHERS, INC. (PENROD) AND A SECOND AMENDMENT (CONCESSION AMENDMENT) TO THE CONCESSION AGREEMENT DATED FEBRUARY 25, 2005 BETWEEN THE CITY AND PENROD TO ALLOW FOR AN EXTENSION OF THE LEASE AND CONCESSION AGREEMENT THROUGH AUGUST 6, 2027, AS WELL AS ALTERNATIVE VERSIONS OF THE LEASE AMENDMENT AND CONCESSION AMENDMENT TO ALLOW FOR A SHORTER EXTENSION THROUGH JANUARY 10, 2027; SUCH ALTERNATIVE VERSIONS TO BE EFFECTIVE ONLY IF CERTAIN CONDITIONS IN THE CONTEMPLATED SETTLEMENT AGREEMENT AMONG PENROD, THE CITY AND BOUCHER BROTHERS PIER PARK, LLC ARE NOT SATISFIED RENDERING THE SETTLEMENT AGREEMENT VOID; AND AUTHORIZING THE CITY MANAGER TO FINALIZE THE LEASE AMENDMENT AND THE CONCESSION AMENDMENT; AND FURTHER, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE LEASE AMENDMENT AND THE CONCESSION AMENDMENT AND THE ALTERNATIVE VERSIONS THEREOF.