R7N - Amend Boucher Brothers Concession Agree

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING IN SUBSTANTIAL FORM BY A 6/7TH VOTE, FOLLOWING A DULY NOTICED PUBLIC HEARING AS AUTHORIZED UNDER SECTION 1.03(B)(3) OF THE CITY CHARTER, AN AMENDED AND RESTATED CONCESSION AGREEMENT BETWEEN THE CITY OF MIAMI BEACH (CITY) AND BOUCHER BROTHERS PIER PARK, LLC (CONCESSIONAIRE), AMENDING THE ORIGINAL CONCESSION AGREEMENT DATED OCTOBER 20, 2023, TO INCORPORATE NEW TERMS, INCLUDING REVISED OUTSIDE DATES FOR TERM COMMENCEMENT AND PRE-COMMENCEMENT DELIVERABLES, RENEWAL OPTIONS, REQUIRED INVESTMENT, AND MINIMUM CONCESSION FEES DURING OPTION PERIODS; WAIVING THE FORMAL COMPETITIVE BIDDING REQUIREMENTS BY A FIVE-SEVENTHS (5/7TH) VOTE AS PERMITTED UNDER SECTION 2-367(E) OF THE CITY CODE; AUTHORIZING THE CITY MANAGER TO FINALIZE THE AMENDED AND RESTATED CONCESSION AGREEMENT; AND FURTHER, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE AMENDED AND RESTATED CONCESSION AGREEMENT.