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Bayside Seafood Rest. - Amendment (12!5!97)

Bayside Seafood Rest. - Amendment (12!5!97)

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Published by: Al Crespo on Feb 15, 2012
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08/18/2013

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,;
Amendment
toRevocable
Permit
THIS
AMENDMENT
made
this
L
day
of
e......1997,toaRevocable
Permitdated
December
21,
1994(the"Permit"),by
and
betwee
the
City
of
Miami
(the"City")
and
BaysideSeafood
Restaurant,
Inc.(the"Permittee".Witnesseth
WH£REItS,
byRevocable
Permit
("Permit")datedDecember21,1994,
the
City
permitted
Permittee
tooperatea
restaurant
concessionconsisting
of
approximately4,000s.f:
of
outdoordeckdining
areaand
approximately2,000s.f.
of
enclosed
kitchen
and
dining
area
at
approximately3501RickenbackerCauseway,
Miami,
Florida;
WH£REItS.
City
and
Permittee
desireto
amend
thePermitand
toformallyreflect
their
understandings
and
agreements
withrespectthereto;
NOW'.
TH£R£FoaE,
the
parties
hereto
do
herebycovenant
and
agree
as
follows:
1.
Paragraph
4
of
thePermit
isherebyamendedasfollows:Effective
February
1,
1997,
the
monthlyFeeforuse
of
the
Area
shall
beaminimum
of
two
thousand
five
hundred
dollars($2,500)
plus
eightpercent
(8%)
ofGrossProceeds
greater
than
$500,000
peryearprorated
onamonthlybasis.Withinfifteen(15)days
after
the
endofeach
calendar
month:
(i)
Permittee
shall
pay
toCitythemonthly
Fee
of
$2,500);
(ii)
Permitteeshall
delivertoCitya
written
report
of
GrossProceedsduring
the
preceding
calendar
month,onformsapprovedbyCity.This
reportshall
besignedby
Permittee
certifying
to
the
accuracy
of
suchGrossProceeds,
and
(iii)
Permittee
shall
pay
to
City
the
percentagefeedue,
if
any,for
the
preceding
calendarmonth
based
upon
the
GrossProceedsfor
the
preceding
calendar
month.
Attheend
of
each
Permit
year,
if
Permittee
candemonstrate
that
ithas
made
an
overpayment
in
percentagefeesdue,
Permittee
shall
be
entitled
toreceiveacredit
against
the
next
payment
of
minimummonthlyfeesdue.In
no
eventshallPermittee
be
entitled
toreceive
anyinterest
onanyoverpayment.
2.
Anew
paragraph
30isherebyadded
as
follows:Credits.Adjustments
and
Agreementsa)ExistingDebt.Permitteeherebyacknowledges
that
Permittee
failedto
pay
themonthlyfeesduetotheCity
under
the
terms
of
thePermit
fortheperiod
of
November,1995through
January,
1997.Accordingly,Permitteeacknowledges
that
Permittee
 
owes
the
City
unpaid
fees
inthe
amountof
fortythousand,six
hundred
and
eighty-sixdollars
and
72/100($40,686.72)
plus
State
use
tax
in
theamountof
fourthousand,five
hundred
and
sixteen
dollars
and
08/100($4,516.08)foratotal
amount
due
of
forty-five
thousand,
two
hundred
and
twodollars
and
80/100($45,202.80).
b)
Credits
to
Permittee.
Permitteeshall
receiveaone
timecredit
intheamountof
twelve
thousand,
nine
hundred
and
twenty
dollars
and
32/100($12,920.32)tobeapplied
against
the
monies
due
to
the
Cityleavingabalancedueto
the
Cityofthirty-two
thousand,
two
hundred
and
eighty-twodollars
and
48/100($32,282.48)
(the
"ExistingDebt").Effective
FebruaryI,
1997,
the
City
shall
issue
to
Permittee
a
monthly
creditof
seven
hundred
and
eighty-fivedollars($785)for
the
provision
ofjanitorial
servicesto
the
publicrestrooms.This
creditshall
applied
toreduce
theamountofthe
"ExistingDebt".
c)
Payment
Agreement.
Permittee
agreesto
pay
to
the
City
theExistingDebt
onthedateandinthe
manner
following:
Fourthousand
dollars($4,000)tobe
paid
by
Permittee
on
or
before
May
30,1997,
and
one
thousand
dollars($1,000)
per
month
commencing
June
I,1997
and
an
equalpaymentof
one
thousand
dollars($1,000)on
the
firstday
of
eachmonth
thereafteruntil
all
amountsduearepaidin
full.City
hereby
acknowledgesreceipt
of
four
thousand
dollars($4,000)onMay27,1997
representing
themonthly
payment
for
theExistingDebt
for
the
period
ofFebruary
through
May,1997.City
further
acknowledgesreceipt
of
the
followingone
thousand
dollar
paymentsaspayment
towards
the
ExistingDebt:(a)
Payment
for
June,
1997
was
receivedon
June
4,
1997;
(b)
Payment
forJuly,1997
was
receivedon
July
7,
1997;
(c)
payment
forAugust,1997
was
receivedon
August
18,1997;
and
(d)
payment
forSeptember,1997
was
receivedon
September
15,1997.Any
payment
not
receivedby
the
15thdayof
any
given
month
shall
be
assessed
a
5%
late
chargefee
of
the
amount
due.
d)
Permittee'sWater
Consumption.
Permittee
hereby
agreestoprocureanew
water
consumptionsurveytobeperformedby
an
engineer
approvedbytheCity.TheCity
shall
sharein
the
cost
of
thesurvey
by
permitting
Permittee
toreducetheexisting
debt
by50%of
the
actual
surveycost.Thefindingsof
said
survey
shall
be
binding
upon
the
parties.
TheCityshall
adjust
amounts
duefor
water
serviceretroactivetoDecember,1994,basedontheusagefindings
of
the
new
consumption
survey.The
adjusted
usage
amountshallremain
 
payable
monthly
totheCitybyPermittee,onthefirstday
of
eachmonth.3.Anew
paragraph
31
isherebyadded
as
follows:ConditionPrecedentThe
parties
acknowledge
that
this
Amendment
is
contingentuponreceipt
by
the
City
of
apersonal
guarantee
fromRolfGerstner,individual,
guaranteeingthepayment
oftheExistingDebt
in
accordance
withthetermsand
conditions
of
the
guaranteeattachedhereto
as
Exhibit
1.
In
lieu
of
apersonalguarantee,
the
Citywillacceptacheckpayableto
the
"City
of
Miami"
intheamount
of
eighteen
thousand
and
twodollars
and
48/100($18,002.48)("GuaranteeCheck"),representing
theoutstanding
balance
of
the
ExistingDebt
as
of
September
25,1997.
Said
check
shall
be
held
by
the
City
and
shallnotbedepositedunless
anduntilPermittee
violates
the
terms
and
conditions
of
the
Permit,
as
amended.
In
theevent
the
Existing
Debt
is
notextinguishedwithinsixmonths
of
thedatethe
check
iswritten,Permitteeshall
provideanewcheck
intheamount
of
the
Existing
Debt
then
outstanding
whichcheck
shall
alsobeheld
and
notdeposited
as
providedaboveunless
anduntilPermittee
violatesthe
terms
and
conditionsof
the
Permit,as
amended.Notwithstandingtheabove,
Permitteemay
from
timetotime
providetoCityanewcheckto
be
heldinescrow
as
referencedabove
to
reflectthe
amount
of
the
ExistingDebt
thenoutstanding
at
the
time
the
new
checkisprovided.
In
the
event
of
adefaultby
Permittee
underthe
terms
of
the
Permit,
the
Guarantee
Check
shall
beheldby
the
City
as
a
guarantee
that
the
one
thousand
dollar($1,000)monthly
payments
continue
undertheterms
herein.
If
saidpayments
are
notmade
as
provided,
thentheGuarantee
Checkwillbedeposited
andthe
Citywillrefundthedifference,
if
any,between
the
Guarantee
Check
andthethenoutstanding
ExistingDebt.
4.
The
Permit
entered
intobetweenCity
and
Permittee
dated
December21,1994
shall
remain
in
fullforce
and
effect
and
shallnotbedeemedtobemodifiedexcept
as
modifiedhereinabove.

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