HomeMy WebLinkAboutR-92-0780"w Ys
J-92-816
11/30/92
RESOLUTION NO. 9 780
A RESOLUTION, WITH ATTACHMENT, APPROVING, IN
PRINCIPLE, THE IMPLEMENTATION, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, OF THE PLAN
PROPOSED BY THE COCONUT GROVE CHAMBER OF
COMMERCE ENTITLED "COCONUT GROVE WALK OF FAME
PROJECT", TO INLAY PLAQUES IN THE SIDEWALK
AREA OF THE COCONUT GROVE BUSINESS DISTRICT
HONORING INDIVIDUALS WHO HAVE HAD AN IMPACT
ON THE POSITIVE GROWTH OF COCONUT GROVE, SAID
APPROVAL BEING SUBJECT TO COMPLIANCE WITH ALL
CITY, STATE AND COUNTY REGULATIONS AND TO THE
FOLLOWING CONDITIONS: 1) THE NAMES AND
BACKGROUNDS OF ALL COCONUT GROVE WALK OF FAME
NOMINEES SHALL BE PERIODICALLY SUBMITTED TO
THE COCONUT GROVE STANDING FESTIVAL COMMITTEE
FOR RECOMMENDATION TO THE CITY COMMISSION AND
THE CITY COMMISSION'S APPROVAL SHALL BE
OBTAINED PRIOR TO THE ISSUANCE OF PERMITS BY
THE CITY; 2) THE COCONUT GROVE CHAMBER OF
COMMERCE SHALL ENTER INTO AN AGREEMENT WITH
THE CITY, IN SUBSTANTIALLY THE FORM ATTACHED,
AND IN CONFORMANCE WITH THE REQUIREMENTS OF
THE PUBLIC WORKS DEPARTMENT AND THE CITY
ATTORNEY, FOR THE INSTALLATION AND
MAINTENANCE OF SAID PLAQUES; 3) THE COCONUT
GROVE CHAMBER OF COMMERCE SHALL SUBMIT TO THE
CITY, ON AN ANNUAL BASIS, A CERTIFIED AUDIT
PREPARED BY AN INDEPENDENT CERTIFIED PUBLIC
ACCOUNTANT (C.P.A.); FURTHER, AUTHORIZING THE
CITY MANAGER TO ENTER INTO AN AGREEMENT] IN
SUBSTANTIALLY THE FORM ATTACHED WITH THE
COCONUT GROVE CHAMBER OF COMMERCE FOR THE
IMPLEMENTATION OF THE "COCONUT GROVE WALK OF
FAME PROJECT."
WHEREAS, the Coconut Grove Chamber of Commerce has requested
the City Commission to approve, in principle, the implementation
of a plan, entitled "Coconut Grove Walk of Fame Project", to
ATTACHMENT(S)
CONTAINED
cm COMMISSION
MEETING Op
0 E C 10 A0?,
92-- 780
411
inlay plaques in the sidewalk area of the Coconut Grove Business
District honoring individuals who have had an impact on the
positive growth of Coconut Grove; and
WHEREAS, the City of Miami is responsible for the
maintenance of the public rights -of -way within the above -
described area; and
WHEREAS, the City Commission wishes to grant the approval.
herein requested by the Coconut Grove Chamber of Commerce, said
approval being subject to compliance with all City, State and
County regulations and to the conditions listed herein.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings set forth 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 implementation, in a form acceptable to
the City Attorney, of the plan proposed by the Coconut Grove
Chamber of Commerce entitled "Coconut Grove Walk of Fame Project"
to inlay plaques in the sidewalk areas of the Coconut Grove
Business District honoring individuals who have had an impact on
the positive growth of Coconut Grove is hereby approved, in
principle, subject to compliance with all City, County and State
regulations and to the conditions stated in Sections 3, 4 and 5
herein.
Section 3. The Coconut Grove Chamber of Commerce shall
periodically submit names and backgrounds of Coconut Grove Walk
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of Fame nominees to the Coconut Grove Standing Festival
Committee, as long as said committee is in existence, for
recommendation, to the City Commission, and obtain approval by
the City Commission prior to the issuance of plaque permits by
the City.
Section 4. The Coconut Grove Chamber of Commerce shall
enter into an agreement with the City, in substantially the
attached form, and in conformance with the requirements of the
Public Works Department and the City Attorney for the
installation and maintenance of said plaques.
Section 5. The Coconut Grove Chamber of Commerce shall
submit to the City on an annual basis a Certified Audit prepared
by an independent Certified Public Accountant (C.P.A.).
Section 6. The City Manager is hereby authorized:/ to
enter into an agreement, in substantially the form attached, with
the Coconut Grove Camber of Commerce for the implementation of
the "Coconut Grove Walk of Fame."
Section 7. This Resolution shall become effective
immediately upon its adoption.
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 purchased by applicable City
Charter and Code provisions.
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92- 780
Ll
PASSED AND ADOPTED this
ATTES s
MATTY HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
IRMA M. ABELLA
ASSISTANT CITY ATTORNEY
5lml,
APPROVED AS TO FORM AND CORRECTNESS:
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• N ES, III
CITY AT EY
IMA/rcl/M3282
11
day of December
1992.
AVIER . SUAR�ZE , MAYOR
AGREEMENT
`COCONUT GROVE WALK OF FAME"
THIS AGREEMENT, made and entered Into this day of A.D.,
19 , by and between COOON UT GFWE C H MBER OF 02A ERC E, I NC .', a F 1 or 1 da
Corporation, parties of the first part, hereinafter called CRA MER OF
OCMVERCE, and the City of Miami, Florida, a municipal corporation of the State
of Florida, In the County of Dade, party of the second part, hereinafter
called CITY; and
WHEREAS, CHAMER OF OMERCE has requested permission fran CITY to
construct non-standard improvements within dedicated public right-of-way In
the sidewalk area of the Coconut Grove Business District; and
WHEREAS, the non-standard Improvements shall consist of decorative
plaques In the sidewalk area, also known as the "Coconut Grove Walk of Fame";
and
WHEREAS, the sidewalk areas within the above described district are
under the maintenance jurisdiction of the City of Miami; and
WHEREAS, CITY has required the execution of this agreement as a
condition precedent to the granting of said permission to CHAMMER OF COA ERCE
to construct the decorative plaques within the public right-of-way of the
above described district.
NOW, THEREFORE, In consideration of the express grant by CITY of the right
and license to allow the construction and maintenance of the decorative
plaques within the dedicated public right-of-way in the sidewalk area of the
Coconut Grove Business District, subject to the terms and conditions set forth
hereinbelow, and In further consideration of these premises, CHAMBER OF
MIVIVERCE does hereby agree with CITY as follows:
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(1) The foregoing recitals are true and correct and are made a part
hereof.
(2) CHAMBER OF COAV ERCE Is hereby a I I owed to I nsta I I the aforenent i oned
improvements within the public right of way In the sidewalk area of the
Coconut Grove Business District (see description attached as "Exhibit A"), in
accordance with City of Miami standards and specifications.
(3) CHAMBER OF COMMERCE shall periodically submit all names and
backgrounds of honorees to the Coconut Grove Standing Festival Ccnmittee for
reccmnendatlon to the City Camission and obtain approval by the City
Ccnmission prior to the Issuance of plaque permits by the CITY.
(4) In the event CHAMBER OF OCNMERCE, Its heirs, successors, or assigns,
falls to properly maintain the decorative plaques so that In the sole
discretion of the Director of the Department of Public Works they became a
hazard to the health, welfare and safety of the general public, CITY shalt
give CFWVBER OF OCNMERCE written notice of such failure via certified mail,
return receipt requested. CHAMBER OF COMMERCE shall, within ten (10) days
from receipt of such notice, either (1) restore the decorative plaques to a
safe condition satisfactory to CITY or (11) remove the decorative plaques and
restore the right of way to CITY standards at no cost or expense to CITY.
(5) In the event CHAMBER OF OCNMERCE, Its heirs, successors, or assigns,
falls to either restore the decorative plaques to a safe condition
satisfactory to CITY or remove the decorative plaques and restore the right-
of-way within the specified time, as set forth in Paragraph (4), CITY may
remove the decorative plaques and deny the issuance of future plaque permits.
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92_ 780
(6) CIAIVBER OF C>MMACE further agrees that al recourse against CITY Is
hereby expressly waived as to any damage caused, consequential or otherwise,
to any portion, In whole or in part, of the remainder of the CHANGER OF
COM ERCE'S Improvements, resulting from the removal of the decorative plaques
fram the dedicated public right-of-way pursuant to Paragraph S hereinabove.
(7) CHAMBER OF COMMERCE shall Indemnify, defend, and hold harmless CITY
from any claims, denands, liabilities, losses or causes of action of any
nature whatsoever arising out of the use, construction, maintenance and/or
removal of the decorative plaques and from and against any orders, Judgements
or decrees which may be entered and frcm and against all costs, attorneys'
fees, expenses and Ilabllities Incurred In the defense of such claims or in
the investigation thereof.
(8) CHAMBER OF COMMERCE sha I I I ndemn I f y , def end and save C I TY harm I ess
from and against any and all claims, liabilities, losses and causes of action,
of any nature whatsoever which may arise out of the granting of this Agreement
or out of CHAMBER OF WNIERCE'S activities under this Agreement, Including all
other acts or anissions to act on the part of CLAMBER OF COMMERCE or any
person acting for or on CMANVER OF CCMVERCE'S behalf, and fran and against any
orders, Judgments or decrees which may be entered and from and against all
costs, attorneys' fees, expenses and liabilities Incurred in the defense of
any such claims, or In the Investigation thereof.
(9) CHAMBER OF CCMMIERCE shall submit a certified audit annually to CITY,
prepared by a Certified Public Accountant licensed in the State of Florida, of
the accounts and finances of the Installation of the decorative plaques and
all activities associated with the "Coconut Grove Walk of Fame".
(10) It is expressly understood and agreed that this Instrument shall be
binding upon CHAMBER BER OF COMMERCE and a l so upon heirs, successors In Interest
or assigns of CHAMBER OF OCIMVIERCB .
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92- 780
(11) Any notice, request, demand, approval or oonsent given or required to
be given under this Agreement shall be In writing and shall be deemed as
having been given when mailed by United States registered or certified mall
(return receipt requested postage prepaid), to the other parties at the
addresses stated belay or at the last changed address given by the party to be
notified as hereinafter specified:
CHAMBER OF C0144MERCE: COCONUT GROVE CHAMBER OF OMVERCE, INC.
2820 McFarlane Road
Miami, Florida 33133
CITY: CITY MANAGER
THE CITY OF MIAMI
P. O. Box 330708
Miami, Florida 33133
and
DIRECTOR OF PUBLIC WORKS
THE CITY OF MIAMI
275 N.W. Second Street
Miami, Florida 33128
IN WITNESS WHEREOF, CHAMBER OF OCMMERCE has caused these presents to be
executed and signed in Its name by Its proper officers and Its corporate seal
to be affixed hereto and attested to by its secretary, the day and year first
above set forth.
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92- 780
1st Witness to Both Signatures
Print Name
Print Address
City, State and Zip Code
2nd Witness to Both Signatures
Print Name
Print Address
City, State and Zip Code
•��• r•• EMU •• •�� 3N UM
JUDY WIBEL-ROSE, President
ATTEST:
MARILYN GIAANTONIO, Secretary
CORPORATE SEAL
STATE OF FLORIDA)
COUNTY OF DADE )
The foregoing Instrument was acknowledged before me this day of
A.D., 19 , by JLDY WIBEL-ROSE, President of the COCONUT GROVE CHANGER OF
CMWIERCE, INC., a Florida corporation, on behalf of the corporation. She Is
personally known to me or has produced
as Identification and did (did not) take an oath.
(Signature of person taking ackncwledgment)
(Name of acknowledger typed, printed or stamped)
(Title or rank)
(Serial number, if any)
m-m
92- 780
WE-
0
STATE OF FLORIDA)
COLNTY OF DADE )
The foregoing Instrument was acknowledged before me this day of
A.D., 19 , by MARILYN OIAANTONIO, Secretary of the COOONUT GROVE CHAMBER OF
CM& ERCE, INC., a Florida corporation, on behalf of the corporation. She is
personally known to me or has produced
as Identification and did (did not) take an oath.
APPROVED AS TO FORM AND
OORRECTNESS:
A. Quinn Jones, 111
City Attorney
(Signature of person taking acknowledgment)
(Name of acknowledger typed, printed or stamped)
(Title or rank)
(Serial number, If any)
APPROVED:
Department of Public Works
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92- 780
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GRAND > AVE.
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CHARLES
FRANKLIN
AVE.
PROGRAM LIMITS
(SIDEWALK AREA ONLY)
;i COCONUT GROVE WALK OF FAME
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0
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
CA=19
TO : Honorable Mayor and Members of DATE : �� �� p i992 FILE
the City Commission
SUBJECT Resolution approving a
program to inlay plaques
In Coconut Grove
FROM : REFERENCES: "Coconut Grove Walk of Fame"
r y
Cesar H. O ENCLOSURES: Resolution
City Manage
RECOMMENDATION:
It is respectfully recommended that the City Commission adopt the
attached resolution approving, in principle, a program of
Inlaying plaques In the sidewalk area of the Coconut Grove
Business District to honor certain distinguished Individuals who
have resided In Coconut Grove.
BACKGROUND:
The Coconut Grove Chamber of Commerce has requested permission
from the City to Implement a program to inlay plaques In the
sidewalk area of a portion of the Coconut Grove Business District
to honor certain distinguished individuals who have resided in
Coconut Grove. The Public Works Department has reviewed the
proposed program from the Chamber of Commerce and has deemed It
acceptable for the process of inlaying the plaques. The Chamber
of Commerce further requests that this program be officially
designated as the "Coconut Grove Walk of Fame".
The Coconut Grove Chamber of Commerce has agreed to enter Into an
agreement with the City to assume the responsibility for the
Installation and maintenance of the plaques and prior to the
Issuance of plaque permits, the agreement shall require the
Chamber of Commerce to submit names and backgrounds of honorees
to the Coconut Grove Standing Festival Committee for
recommendation and obtain the approval of the City Commission.
The finances of the "Coconut Grove Walk of Fame" shall be
monitored by an annual certified audit submitted to the City.
Attached to the proposed Resolution Is a recommended draft of the
agreement between the Chamber of Commerce and the City.
It Is respectfully recommended that the City Commission adopt the
attached Resolution which approves the "Coconut Grove Walk of
Fame" program developed by the Coconut Grove Chamber of Commerce
and the Administration.
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