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HomeMy WebLinkAboutR-87-0827R J-81- 00 9/t/87 RESOLUTION No, _ 70M�82 F A RESOLUTION A THORt'2 NG NIA -DAOR MARINE INVESTMENTS* INC. 4/b/a BUS BRNCHEE COMPANY 10909 BENCH COMPANY") TO ASSIGN THE AGREEMENT POR BUS BENCHES TO PotiRY ENTERPRISES, tact f "PObRY ENTERPRISES" ) UPON THE TERMS AND CONDITIONS SET FORTH IN THAT "CITY OP MIAMI CONSENT TO CERTAIN ASSIGNMENT OP BUS BENCH CONTRACT AGREEMENT"* WHICH HAS 82IN PREPARED BY THE CITY ATTORNEY# AND PURTHER AUTHOR12ING THE CITY MANAGER TO RXRCUTH SAID AGREEMENT, WHICH AGREEMENT WILL EPPECTUATE THE CITY OP MIAMI' S CONSENT IN THE MANNER PROVtDEb POR WHEREIN. WHEREAS, on November 2, 1983, an Agreement for Bus Benches was entered into by and between the City of Miami and Bus Benches Company for the right to install bus benches; approved by the City for the convenience of the travelling public, in accordance with its terms and conditions as prescribed therein; and WHEREAS, on or about May 24, 19841, pursuant to Resolution No. 84-593, the City Commission approved an initial assignment of the aforementioned contract to Eugene A. Hancock and Eugene A. Hancock, Jr., who own and operate MIAMI-DADE MARINE INVESTMENTS, INC., a Florida corporation, d/b/a Bus Bench Company; and WHEREAS, pursuant to Resolution No. 86-855, dated November 2, 1986, the City Commission agreed to an extension of said term of this Bus Bench Contract up to and including November 2, 1988; and WHEREAS, on or about July 8, 1987, the City Administration was contacted by Eliot C. Abbott, Esquire, an authorized representative of the Bus Bench Company, with a request that the City of Miami consent to the sale and assignment of the above referenced Bus Bench Contract to FOLEY ENTERPRISES, INC., a Florida corporation, whose principals are Steven Martin and Donald A. Foley; and WHEREAS, Section 19 of the Bus Bench Contract reserves to the City Commission , upon its acceptance of the City Manager's .-p }t� recommendation, the right to approve any assignment of the Bus CITY CQivInVtlSai%iiV Bench Contract; and NFL, TING OF SEP 8 1987 R�S4�t�TlQA KMARO; i IEPAS# the City Manager h&J m&dj§ aft afttrmnti4Ve recommendation that the City COM11441approve 'SUC41, assignment Of the Aus $ench Agreement for Ito remaining term to pobgY ffif npRlgESt INC. # and WHSRRAE, the City Attorney has prepared and has had executed 2; by both the Assignors M1A141—DA131 MAUNE MESI'MENTS; Mot d/b/a Bus Bench Company# and the proposed Aasignae# POLRY ENTERpRiass 1NC.s a written instrument which approves this aasignments entitled "City of Miami Consent to Certain Assignment of Bus Bench Contract"i upon the terms, conditions, covenants and stipulations set forth therein; NOW# THEREFORE, RS IT RESOLVED BY THE COMMISSION OP THE CITY OP MIAMI, PLORIDA: Section 1. The findings and recitals contained in the preamble of this resolution are hereby adopted and incorporated by reference herein as if fully set forth in this Section. Section 2. An assignment of the City's Bus Bench contract dated November 2, 1983, as amended, by City of Miami Resolution Nos. 84-593 and 86-855, is hereby approved; said assignment documents are to be in a form acceptable to the City Attorney. Section 3. The City Manager is hereby authorized to execute a written instrument entitled "City of Miami Consent to Certain Assignment of Bus Bench Contract", which document sets forth the terms and conditions upon which the City's consent to this assignment is predicated, including without limitation the deposit of twenty thousand dollars ($20,000.00), in cash or by check payable to the City of Miami, by the Assignor with the City Manager or Finance Director. Section 4. The effective date of the City's consent to this assignment shall be the date of the deposit by the Assignor of twenty thousand dollars ($20,000.00), in the manner required by Section 4 of the assignment agreement. w2- PASSDD ADD ADOPT11D thi'R Dj , ft Of RAVIER too H REZ • MAYOW ATTS MATTY HIRAIp CITY CLERK PREPARED AND APPROVED Dot: Joli RAFA tiE: SOAR R IVAS AS51D�'AN'� (ATTORNEY APPf20V AS PORM & CORRECTNESS: uvvvnQLx zk RSR/YV/M518 76 e °rii n 5 July 20, 1987 City wanager City of tiliamu, 3500 Pan Arftrican Drive tiiami, Fl. 33133 Dear Mir. Odeio: personal appearance before the I would like to request a per Pliarti City Commission at their July 26, 1987, meeting. ti `j 'The emu, -pose of the . appearance is to discuss the transfer of Bus Bench Corny. f Sincerely yours, ` EugeneA. winc:ock Chairman of the Board fi 0 r -t Z)tJ