A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE WRITTEN RECOMMENDATION OF THE CITY MANAGER, AND WAIVING, BY 5/7TH VOTE, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY; AND APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 1 TO THE AMENDED AND RESTATED PUBLIC BEACHFRONT CONCESSION AGREEMENT, DATED MAY 21, 2019 (“AGREEMENT”), BETWEEN THE CITY AND BOUCHER BROTHERS MIAMI BEACH, LLC (“CONCESSIONAIRE”), FOR THE MANAGEMENT AND OPERATION OF CERTAIN PUBLIC BEACHFRONT CONCESSION AREAS; SAID AMENDMENT, IN PART, ADDING THE MANAGEMENT AND OPERATION OF THE PUBLIC BEACHFRONT CONCESSIONS LOCATED AT 21ST AND 46TH STREETS (WHICH ARE CURRENTLY MANAGED  BY BOUCHER BROTHERS) TO THE SCOPE OF THE AGREEMENT AND, CONCURRENT THEREWITH, MODIFYING CERTAIN TERMS AND CONDITIONS OF THE AGREEMENT.