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HomeMy WebLinkAboutR-96-0905J-96-1349 12/12/96 RESOLUTION NO. 9 6` 905 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE ORANGE BOWL COMMITTEE, INC. FOR THE STAGING OF THE KING ORANGE BOWL PARADE ON DECEMBER 28, 1996 AND THE USE OF THE CITY -OWNED PROPERTY LOCATED AT 1100 NORTHWEST SOUTH RIVER DRIVE, MIAMI, FLORIDA, FOR THE CONSTRUCTION, PREPARATION AND STORAGE OF FLOATS AND OTHER DECORATIVE MATERIAL AND EQUIPMENT FOR THE KING ORANGE BOWL PARADE, FOR A PERIOD OF SIX MONTHS COMMENCING DECEMBER 1, 1996, SAID AGREEMENT TO: 1) BE AT A MONTHLY FEE OF $4,378.75; AND 2) WITH ALL TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID AGREEMENT. WHEREAS, the King Orange Bowl Parade (the "Parade") focuses national and international attention on the City of Miami, and thus provides the City with publicity of inestimable value; and WHEREAS, the Parade draws thousands of participants and spectators to the City of Miami providing a great benefit and positive impact on the economy of the City; and WHEREAS, there exists a history and tradition of the Committee staging the Parade upon the streets in the downtown area of the City, including those designated as Biscayne Boulevard and Flagler Street at the end of each calendar year; and CITY COMMISSION MEETING OF DEC 1 2 1996 Resolution No. 96- 905 WHEREAS, the Committee has been utilizing the warehouse facilities located at 1100 NW South River Drive since 1953 for the construction, preparation and storage of floats and other equipment for the Parade; and WHEREAS, the City Commission has determined it to be in the best interest of the City to allow the continued staging of the Parade in the downtown area thereby providing a positive economic impact on Miami; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA; Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The City Manager is hereby authorized-1/to execute an agreement, in a form acceptable to the City Attorney, with the Orange Bowl Committee, Inc. for the staging of the King Orange Bowl Parade on December 28, 1996 and the use of the City -owned property located at 1100 Northwest South River Drive, Miami, Florida, for the construction, preparation and storage of floats and other decorative material and equipment for the King Orange Bowl Parade, for a period of six months commencing December 1, 1996, said agreement to: 1) be at a monthly fee of $4,378.75; and 2) with all terms and conditions as more particularly set forth in said agreement. Section 3. This Resolution shall become effective immediately upon its adoption. - 2 - I/ - The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. C 96- 905 PASSED AND ADOPTED this 12th day of December, 1 JO�LLO, MAYOR WALTER EOI+. N, CITY CLERK PREP BY: U DO R DRI Z, DIRECTOR ASS T AGE ENT LEGAL REVIEW AND APPROVAL: APPROVED AS TO FORM AND CORRECTNESS: JULIE O. BRU A. Q + ,III ASST. CITY ATTORNEY CITY ATTO Y - 3 - 96- 905 [i CITY OF MIAMI. FLORIDA- INTER-OFFICE MEMORANDUM The Honorable Mayor and Members of the City Commission Qal�, l: cil =tirr,l Edward Ma z City Manage DATE SUBJECT Orange Bowl Parade REFERENCES ENCLOSURES. It is respectfully requested that the City Commission discuss the continued staging of the Orange Bowl Parade (the "Parade") in downtown Miami and the continued use the warehouse facilities located at 1100 NW South River Drive, Miami, Florida, by the Orange Bowl Committee ("OBC"). There exists a history and tradition of the OBC staging the Parade in the downtown area upon the streets of Miami including those designated as Biscayne Boulevard and Flagler Street. The Parade focuses national and international attention on the City thus providing the City with immeasurable publicity. The Parade draws thousands of participants and spectators to the City and therefore has a positive impact on the economy of Miami. Additionally the OBC has been utilizing the warehouse facilities located at 1100 NW South River Drive since 1953 for the construction, preparation and storage of floats and other equipment for the Parade. The original lease agreement between the City and the OBC was entered into on June 18, 1953 for use of the above referenced property for construction of a municipal warehouse to be used in connection with the Orange Bowl Parade. The construction was financed through Certificates of Indebtedness which were payable solely from monies derived from the leasing of the space to the OBC. On May 5, 1970, the parties entered into a lease agreement for the OBC's continued use of the existing warehouse space. This lease provided for expansion of the warehouse facilities to be financed through the City's issuance of bonds. The rental provided in this lease provided for the payment of all outstanding Certificates of Indebtedness and for the payment of the principal and interest on the bonds to be issued for construction of the addition. The term of this agreement was from December 1, 1969 to November 30, 1984 or until the full payment of the principal and interest on the bonds was paid. On December 20, 1974, the City entered into a second lease agreement for the leasing of additional space for construction of a third addition to the warehouse facility. The term of this agreement was from December 20, 1974 to December 19, 1989 or, if longer, until the full payment of the principal and interest on the bonds to be issued for constructing the third addition to the warehouse. The lease set forth a payment schedule equal to the amount of principal and interest due and payable on the bonds. 96-9®5' 0 5i Honorable Mayor and Members of the City Commission Page 2 The most recent agreement between the parties was dated November 1, 1991 which provided for the continued staging of the parade and use of the warehouse facilities through February 1, 1996. This agreement provided for the provision of fire, police and sanitation support at no cost to the OBC. The OBC was to pay actual cost on a time and materials basis for use of the employees within the General Services Administration Department. The OBC further agreed to pay the applicable permit fee for the staging of the parade and to construct a City of Miami float each year for display and participation in the parade. It is recommended, at this time, that the City Commission approve a parade agreement for a six (6) month period effective retroactively to December 1, 1996; further providing for the continued use and occupancy of the warehouse facilities during this same 6 month period. Highlights of the recommended agreement are as follows: 1) OBC shall pay all applicable fees associated with the parade. 2) OBC shall pay all actual costs incurred by the City in connection with the parade including the provision of fire, police, sanitation and maintenance services. 3) City shall have the right to sell "all" consumable products. The OBC may distribute food and beverages, including alcoholic beverages' at no cost, for purposes of entertaining OBC guests and sponsors at specific sites. The number and location -of these sites to be determined by the City. OBC may also distribute, at no cost, refreshments to parade participants, staff and other workers. 4) OBC shall have exclusive rights to programs, seating tickets and OBC licensed merchandise and novelties. 5) OBC shall construct a City float at no cost to the City. This float shall be staged in the Parade so as to provide maximum publicity for the City. 6) OBC shall pay $26,272.50 ($1 s.£) in total rent for use of the warehouse for the six month period. 7) OBC shall accept the property in its "as is" condition and the City shall be under no obligation to repair the property. 8) OBC shall be responsible for maintaining the property in good order and repair at all times, and shall be required, at OBCs sole cost and expense, to make all changes necessary to the property to comply with all City, County and State building code requirements. 1 9) OBC shall be required to comply with all laws including all laws relating to the storage and use of hazardous materials. 10) OBC shall be required to provide liability, automobile, worker's compensation and "All Risk" property insurance. 11) OBC shall pay all utilities required for its use of the property. 12) Either party may cancel the agreement upon providing sixty (60) days advance written notice to the non -canceling party. g6-95