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HomeMy WebLinkAboutR-91-0915t {:, N . 12/5/91 .� 91915 y{jy " "SOLUTION NO r A RESOLUTION 11TN : ATTACHMENT, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN �4� SUBSTANTIALLY TH ATTACHED FORM WITH THE: � ORANGE BOWL COMMITTEE INC.i TO PROVIDE FOR THE SALE OF MVERAGEj FOOD AND NOVELTIES DURING THE KING ORANGE BOWL JAMBOR99 PARADE. ` WHEREAS# the Orange Bowl;Committeet Inc. will conduct the Icing Orange Bowl Jamboree Parade ("Parade")'on December 31, 1991 and WHEAEAS, the City and the Committee desire to enter into an agreement';with regards to the sale of beverage, food and novelties in the grandstands, other seating facilities and staging and.dispersal Parade areas; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY S OF MIAMI, FLORIDA: v, 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. na Section.,..: :ecton 2. The City Manager is hereby authorized to- a' enter into an agreement, in substantially the attached form, with the Committee, to provide for the sale of beverage, food and � xlw ti h DEC 5 199� t rNIUMM ft =' 4 { This Agreement_ shall be valid from the date of eXQcutibn. through y,�, 1992ti ILL �hN :. IGMTS.# Nothing -in this Agreement shall grant to the CfJMMt ri htg to'se1,1 or serve food, beverages or novelties, or to share g in -the profits for the sale of the same, except programs, seating -tickets and officially licensed products of the COMMITTEE, and the..rCOMMITTEE'agrees.that it shall not engage in the sale of any food, beverages, novelties or any other articles Whatoever,.or share - in :the 'prof its `'for the sale of the • same, except program r seating tickets and. officially licensed products of the COMMITTEE, either in the grandstands, other seating facilities or the. staging and dispersal Parade areas. The COMMITTEE shall not, A.,v of its officers, agents ., or employees x s z x k 'his Agreement is entered into in conjunction with and as an } i intetal part of an agreement between the same parties for the staging of the King Orange Jamboree Parade ("parade Agreement") Any breach of this Agreement, at the option of the CITY, shall be considered a breach of the Parade Agreement and shall entitle the art to all rights and remedies of bath non -breaching party { x agreements. flnr s+rtONSITP Off' PARTIES This ,Agreement shallnot be deemed or construed to create _ joint venture, ,between >relationship ::partnership, or j any agency the CITY and the -COMMITTEE. YI NOTICES: Unless- otherwise provided herein to the contrary, all s notces.required.'under the Agreement shall be deemed to be given hand,delivered-with receipt therefor) or = mailed - `; by 3 when , osta e: re aid,: return = receipt. registered :or :certified mail, p 9 P P } requested if addressed:, As -tothe Committee:' The .Orange > Bowl , Committee.. Stadium Orange Bowl P.O. Box°,350748 Miami, Florida 33135 Attn: Executive Director t city Manager's Office As to the City: y 3500 Pan American Drive Miami, Florida 33133 Attie: Cesar H. Odio 9 City Manager � t T 4'r t - S _ S 'k LL m i The AgrOOMOnt shed be construed according to the laws of i the :Mate .of Florida and venue "shall be in Dade .bountytHTNAT The COMMITTEE sha11 not discriminate against any persons on b�ccount o'f , race; color, sex, religion, deed, ancestry, national origin, or handicap in the performance of this Agreement. XILl nItIPAttLT pROVISIONS i In the event the COMMITTEE shall fail to comply with each and, -;every term and condition of this Agreement or fails to perform any of the terms and conditions contained herein, the CITY, ,at -its sole option, upon written notice to the COMMITTEE, may cancel and terminate this Agreement, and all payments, advances or other compensation paid to the COMMITTEE while in default of the provisions her contained, shall be forthwith refunded to the CITY. r IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in their names by their duly authorized g $' officers and'the corporate -seals affixed hereto this day of i 4 , 1991. r� i t i i 91 w� v 11 C:. � Y } � l� Y t•p K:!..y^ l� i� N _^ rDi id r.kk��y_ r y