HomeMy WebLinkAboutR-86-0179i
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A RLSUL,U'I'tON GRAN`1'ING, UPON THE
IbSUANCL OF ti VEMPORARY PLItAIl'1' tiY
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THE FLORlDn DEPAIt`1'�9)rLJ'1' OF I3U5iNLS5
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REGULATiUN, DiVIa1UN OrALCOHOLIC
LiEV ; RAGES AND '1,013kCCo, THE REQUILSrl'
uZ' RL:AL ULUB SOCIAL DEPURTtVv
ESPANOL TO SELL BEER AND WINE FOR
A OIJE-Ur�Y PliRiuD IN CONNEC'i 1UN 1'1'S
ANNUAL "ROMERlA" FAMILY ptCNlC AND
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1;'L':i`i'iVt1L TO I3E; HELD mY 4, 1986,
IN WA'1'SUN ISLAND PARK; FURTHER
r�U'1'LiU1tiG11JCi TtIE CITY MANAGER TO
EXECUTE A ONE -DAY NON-EXCLUSIVE
CUNCES51Ui4 AGRL''EML14r1' WITh jAlli
ORGANIZATION liSbEN'I'Ir�LLY THE
FORK r'.TTACHED tih;ItETO; SUBJECT 110
THE ISSUANCE OF ALL PERMITS
RLQUI.RZD BYLA1J A14ll CUIiPLiAIJi E
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WITH SUCH CONDITIONS AND L1MI-
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`1'A'i'.�UNS Hb MAY BE PRESCRIBED By
THE CITY OF HlAP11
gHERLAS, tr�� RLAL CLUB DEPOR'i'LVU l:bPr�LJUL Iias been planned
its annual "komeria" family picnic and festival for N:ay 4, 19ti6;
-
and
WHEREti:i, the event will take place in 1j�itsoti Island Park and
include musical entertainment, and sales of food, beverages,
will
beer, and wine; and
5,.
the keal Club lleportivo Espanol has requested
a
W1iE1ZEAS,
to sell beer for d one period on May 4, 198Ei, in
permission
connection with the Rorneria"; and
ordinance No.98i8 of April 5, 1984, authorized the
WHEkEAS,
city Commission to permit the dispensing of beer or wine in soft
containers in any City park upon such conditions and limitations
as the City Commission shall prescribe;
NUW, THEREFORE, BE iT KESuLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. Upon t11e issuance of d temporary permit by the
Florida State Department of Business Regulation, Division of
Alcoholic Beverages and Tobacco, to sell beer and wine, and
pursuant to the City Code, the request of Real Club Social
D" eportivo Lspanol to sell beer and wine for a one -day period in
connection with its annual "Rorneria" family picnic and festival
CITY CG+v !1-113S1ON
NEEi41G OF
MAR 18 IM
to be held at Watson Island Park on May 4, 198f6, is hereby
granted in compliance with Ordinance No. 9618, further subject to
the issuance: of all permits required by law.
Section 1. The City Manager is hereby authorized to execute
a one -day non-exclusive concession agreement with Real Club
Social Deportivo Espanol in substantially the form attached.
Section 3. The aforementioned authorizations and approvals
are subject to and contingent upon the organization's compliance
with any applicable administrative directives and/or
requirements.
19a�
PASSED AND ADOPTED this lath_ day Of MARCH
XAVIER SUAR�Z
MAYOR
ATAH:ICRAI,
,qACITY CLERK
PREPARED AND APPROVED BY:
ROBERT F. CLARK
CHIEF D1;P CITY ATTOR14EY
APPRO D%�S `20 FORM AND CORRECTNESS:
pu%.A.Z-, -y-_.
CITY ATTORNEY
TO; Honorably: Mayor and
of the Commission
FROM:
Cesar H. Odio,
City Manager 0
CITY OF MIAMI, FLORIDA
INTEROFFICE MEMORANDUM
Members DATE: MAR 12 1986 F11.6°
SUBJECT: Resolution Allowing Sales of
Beer and Wine for Real Club
Social Deportivo Festival
REFERENCES:
ENCLOSURES:
It is recommended that a resolution be passed
concerning the Annual "Romeria" Picnic and
Festival to be held May 4, 1986 in Watson
Island Park, granting the request of the Real
Club Social Deportivo to sell beer and wine
during the scheduled hours of the event,
subject to the issuance of a temporary permit
by the State of Florida Department of
Business Regulation, Division of Alcoholic
Beverages and Tobacco, further autilorizing
the City Manager to execute a one -day non-
exclusive concession agreement with said
organization.
The Real Club Social Deportivo, a non-profit social organization,
has planned their Annual "Romeria" Family Picnic and Festival for
May 4, 1986 in Watson Island Park. The event will be a
celebration of Spanish culture and will include representative
music, food and beverages. Funds raised from the event will
maintain the group's on -going social and cultural activities.
In accordance with Ordinance No. 9818 (of April 5, 1964), it is
recommended that this group be allowed to sell beer and wine (in
soft containers) on Watson island during the scheduled hours of
one -day event, subject to the issuance of the required temporary
State permit. it is also requested that a concession agreement
be executed allowing them to sell other beverages and food,
subject to and contigent upon any applicable administrative
directives and/or requirements.
16
86-1'7S.
e**1 AGRELMEMT
This Agreement entered into this day of , 1986,
by and between the City of Miami, a municipal corporation of the
State of Florida, hereinafter referred to as "CITY" and Real Club
Social Deportivo Espanol, a non-profit Social Club, hereinafter
referred to as "CONCESSIONAIRE".
RECITAL:
WHEREAS, the Department of Parks and Recreation is vested with
jurisdiction over and control of all CITY parks and is
responsible for the- operation of various concessions as may be
necessary, desirable or convenient for the use of the public for
healthful recreation; and
WHEREAS, CONCESSIONAIRE shall use the proceeds to cover expenses
for the annual "Romeria" festival and Picnic and to raise funds
for other non-profit social events and programs conducted by
CONCESSIONAIRE.
^ WHEREAS, the City Commission by Resolution No. of
authorized the City Manager to enter into an
agreement with CONCESSIONAIRE;
NOW,- THEREFORE, CITY and CONCESSSIONAIRE do mutually agree as
follows:
1.-TE Ms
This Agreement shall grant concession privileges for a one -day
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86--1 I S
Vol
period on May 4, 1966, during the hours of the scheduled
"Romeria" Picnic and Festival. Should inclement weather or any
unforeseen reason cause the rescheduling of said event, the City
Manager or his appointed designee shall authorize approval for
said rights to bel in full force and effect for the agreed upon
rescheduled date.
2.. SCOPE OF SERVICES:
A) CONCESSIONAIRE is hereby authorized to conduct the following
kinds of businesses and to provide the following kinds of
services:
(i) the vending of food and non-alcoholic beverages by members
of the Real Club Social Deportivo Espanol to other group members,
their families and invited guests in Watson Island Park.
B) it is expressly understood that all proposed concession activ-
ity must be submitted to the Department of Parks and Recreation
for approval no later than (15) fifteen working days prior to the
event, and that no such activity shall conflict with any existing
non-exclusive concession contract effective for said property.
C) Pursuant .to Resolution No. , beer and wine may be sold
by assigned vendors. No liquor or other alcoholic beverages of
any kind shall be sold, offered, or given away by authorized
concessions in Watson Island Park. No gambling shall take place,
including any drawing for prizes. All concessions shall have
current licenses normally required by the City or State for such
concessions'as required by the City Code.
D)• CONCESSIONAIRE shall be solely responsible for any and all
expenses related to Fire, Police, Sanitation and any other
services related to this Agreement as deemed necessary by the
City to ensure the safety and welfare of the participants and
attendees.
3 : - COKPMSATION t
Aj CITY shall pay CONCESSIONAIRE no compensation in connection
with this ,Agreement.
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13) CONCESSIONAIRE shall pay CITY no compensation in connection
with this Agreement.
4. GENERAL CONDITIONS:
f}y. A) All notices or other communications which shall or may e
g pursuant ursuant to this Agreement shall be in writing and shall be
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delivered by personal service, or by registered mail addressed to
,yr1 the other party at the address indicated herein or as the same
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may be changed from time to time. Such notice shall be deemed
given on the day on which personally served; or if by mail, on
the fifth day after being posted or the date of actual receipt,
whichever is earlier.
CONCESSIONAIRE: Real Club Social Deportivo
Espanol
7401 N.W. 8th Street
Miami, Florida 33126
CITY OF MIAMI - 2600 South Bayshore Drive
Miami, Florida 33133
B) Titles and paragraph headings are for convenient reference and
are not.a part of this Agreement.
C) In the event of conflict between the terms of this Agreement
and any terms or conditions contained in documents, the terms in
this Agreement shall rule.
D) No waiver or breach of any provision of this Agreement shall
constitute a waiver of any subsequent breach of the same or any
other provision hereof, and no waiver shall be effective unless
made in writing.
E) Should any provisions, paragraphs, sentences, words or phrases
contained in this Agreement be determined by a court of competent
jurisdiction to be invalid, illegal or otherwise unenforceable
under the laws of the State of Florida or CITY, such provisions,
paragraphs, sentences, words or phrases shall be deemed modified
to the extent necessary in order to conform with such laws or if
not modifiable to conform with such laws, then the same shall be
deemed severable, and in either event, the remaining terms and
86 -179.
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provisions or this Agreement si►all remain unnodified and in full
ram,
force and effect.
5. DEFINITION OF CONCESSIONAIRE:
:it is expressly understood and agreed that no part, panel,
building, structure, equipment, or space is leased to
that this privilege is that of a concessionaire,
t;pL�(c:ESdiONAiRE,
M`
and not a Lessee, that Col4cESSIONAIRE'S right to operate the
v,
concession(s) shall continue only so long as the concession's
operation complies with the undertaking, provisions, agreements,
stipulations and conditions of this Agreement.
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6. co —PARTNERSHIP:
Nothing herein contained shall create or be construed as creating
a co -partnership between CITY and CONCESSIONAIRE as to constitute
CONCEsSiONAiRE as an agent Of L1'i'Y.
7. CUSTOD1•M SERVICES AND MAINTENANCE:
CONCL':iSIULJAItIL agrees to service and naititain the area, vital a
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volunteer clean-up crew or contracted services, paid for by
'
'
CONCESSiONAiRL;, so as to leave the area in the same cleanliness
s r„r
and condition in which it was accepted.
8. UTILITIES:
CONCESSIONAIRE shall hereby be responsible for all utility
requirements of concession operations) other than those
currently available at the park site and shall obtain the
approval of the City Manager or his designee prior to
installation of any such requirement.
g. RIGHT efo INSPECTION OF PREMISES:
CUNetbSi0WAIRE•' agrees that the concession facilities and premises
may be.inspectud at any time by authorized representatives of
CITY or by any other state or county office or agency Having
responsibility for inspection of operations., CUNCESS10NAIRl
8f -T79.
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agrees to undertake inunec3istely th` correction of any deficiency
w.L
cited by such inspectors or to immediately remove said concession
1`
from the site.
i
1d. INTERFERENCE:
CwCES5i0NAIRE hereby Naives all claims for compensation for loss
"
or damage sustained by reason of interference by any public
ayency or official iii the operation of this concession; any such
interference shall not relieve CONCE5510NAir from any obligation
hereunder.
,s
11. INDEMNIFICATION:
,.
CULJCESSlUNA.LRL shall indemnify and save C.LTY harmless from and
against any and all claims, liabilities, losses, and cause of
-
which may arise out of t;ONCESSIONkiRE' S activities under
action,
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this Agreement, including all other acts or ommissions to act on
the part of CULdt:ESSiUNAIRE, including any person acting for or on
his/her behalf and, from and against any orders, -judgements or
which may be entered, and from and against oll costs,
decrees
fees, expenses and liabilities incurred in the defense
._,.
attorneys
j
of any such claims, or in the investigation thereof
12. INSURANCE:
CUNC;ESSIONAlRE shall provide a Lompxehensive: Goneral Liability
policy including Products and Completed operations coverage in
the amount of one: million dollars combined single
limit for bodily injury and property damage liability. CITY
shall be namud as an Additional insured on such policy. A
Certificate of Insurance for said coverage, for the approved
evunt date, shall be delivered to CITY no less than five (5)
working days prior to the event. Workers Compensation Coverage
shall be provided in accordance with Florida Statutes.
13. CoMpLIANCE WITH FEDERAL, STATE AND LOCAL LAWS
Soth parties shall comply with all applicable,•1a%is, ordinances
and codes of federal, state and local governments.
SG--1'79 .
0
14. LIMITATION ON USE OF PAC:ILA-Y:
CONCESSIONAIRE shall not use, nor suffer or permit any person to
use, in any manner whatsoever, the assigned concession facilities
for any improper, immoral or offensive purpose, or for any
purpose in violation of any federal, stjtt:, county or municipal
ordinance, rule, order or regulation or of any other governmental
clause, rule or regulation now in effect or hereafter enacted or
adopted.
15. CONSTRUCfION OF AGREb 4EItf:
This Agreemen-L: shall be construed and enforced according to the
laws of the State of Florida.
16. INDEPENDFAT CONTRACTOR:
CONCESSIONAIRE and its employees and agents shdil be duetned to be
independent contractors,. and not agents or employees of CITY,
and shall not attain any rights or benefits under the Civil
Service or Pension Ordinances of CITY, or any rights generally
afforded classified or unclassified employees; further its
employees and agents shall not be deemed entitled to Florida
Worker's Compensation benefits as an employee of the CITY.
17. NON-UL'LEGABILiTY:
,The obligations undertaken by LONCESSiOt1AIRE pursuant to this
Agreement shall not be delegated or assigned to any other person
or firm unless C'.LTY . shall first constant in writing to Lhe
performance or assignment of such services or any part thereof
by another person or firm.
18. biON-DISCRIMINATION:
CONCESSIONAIRE agrees that there shall be no discrimination as to
race, saex, color, creed, national origin, or handicap in
connectivn with any operations under this Agreement.
SG-179.
19. SUCCESSORS AND ASSIGNS:
This Agreement shall be binding upon the parties herein, their
heirs, executors, legal representatives', successors, and assigns.
20. AMENDMENTS:
No amendments to this Agreement shall be binding on either party
unless in writing and signed by both parties.
1i. EMPIRE AGREEML'NT:
This instrument and its attachments constitute the sole and only
Agreement of the parties hereto and correctly set forth the
rights, duties, and obligations of each to the other as of its
date. Any prior agreements, promises, negotiations, or
representations not expressly set forth in this Agreement are of
no force or effect.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed in their names by their duly authorized officers
and the corporate seals to be affixed hereto, all as of the day
and year first above written.
ATTEST:
Ratty Hirai,
city Clerk
ATTEST:
. CORPORATE SECRETARY
APPROVED AS TO INSURANCE "QUIREMENTS:
Division of Ris•14anagement
APPROVED AS TO FOM4 AND CORRECTNESS:
ucxa A• Uuugherty,
City ,Attorney.
CITY OF M1A1%1i, s
municipal corporation
of the State of Florida
By
CESAR h. OUlO
CITY MANAGER
CONCESSIONAIRE:
By
PRESIDENT
rx
(SE;yL )
8C--179
January 28, 1986
Gorman Daniels, Director
City of Miami
Parks Department
2600 S. Bayshore Drive
Miami, Florida 33133
Dear Mr. Daniels:
As recently discussed by telephone between one of our members
and Mi.' Charles Brownlee of your department, the Real Club Social
Deportivo Espanol would like to reserve Watson Island Park for
Sunday, May 4, 1986, from 10 a.m. to 7 p.m. to hold its annual
"Romeria".
This event will be a family picnic -like festival where our
members, their families and friends will enjoy a day in the out-
doors tasting the foods, listening to the music and reliving the
customs and traditions of Spain.
Since we will be featuring entertainment, we also would like
to reserve the large snowmobile, the extra stage, the generator
and the P.A. system...
Please advise us as soon as possible of*the charges that
will be: involved, as well as what other steps we need to take
in order to hold•this festival on May 4th.
Thanking you for your attention to this matter.
Sincer y,
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