HomeMy WebLinkAboutR-86-0075J--86-126
RLbULU` .Lui,4 i4u. 86--'I4
ti M',bOLU'i'iUN CUNCLRNiNG '.rill; 811f iiWNUAL
I:UCUNU'i GiWVL t3LD w11C:L, WHICH iS TO lit;
HELD PINY 16, 198ki, CO-SPUNSOR�u 13Y THL;
PIUbCULtllt L)Yb'I'RUPtIY )166UUL,*'TiUN AM) THE
Cl'1'Y (A' mliugj., DEPIkl<'i'HENT OF PARKS IUA)
Rt:CRLtii iUN; CLOSING CLRPAi.k :.i` I(LLTS TO
'iHkUUG1i ViAliCULAR tlttlt't'1C UN ThAT DALE
DUR-,k4U hoLiko .iND L6T,-,iliLibHiNG A
PLLLL)TRiI AN HALL bU13J L' CT TU L bSUiiNCE OF
PL;i- 11-i.'b BY PuLiLL AND Fitts; UL'1'r1R'-lLLgT6;
FURTHER t-�LLOOiNG THL SALL (it' BEER A_vD
WiLiL, FUR A ULJI. k .L) U(iY PLRiuD UPOLd THL
,L ijbUANC L UI:' A `l'U1iPUMRY PLiOliT BY THL
FLOltiDri Dr�Piki<iblLL4T OF L'USii4ESs REGULt�-
'i'iON, DiVio-LUN OF i�LCUtiui iC BLVERAGES
AND TJWt CCU; Ai4u ALJT1iURLz LNG TIE C.LTY
NiI Nt-.GLR TO L,'XliC:UTF� ii ULvi, DAY CONCESSWN
tiGRLLMLi`J'i 6 LLT H THE ill. D.A. iN
5U13S`PANTit-ILLY C HI; FORM ATTAC ULD
ti1;RL:t'0; SAilt AU'CHUlt-Luti` .TUN i,LgU /&PRUVALS
13EiNG CON`i' .NGENT UPON COMPLIANCE WiTh
6UC.il I.:ULdDITLWi 6 hLi L) Llbl.,. `iiTiONb AS MAY
UL; PRESC R-LBL;D BY THE Ci TY UL' PilAldl .
W1ILRLAb,
tilt: i!usl:Uicli DySL.Cup ly
riSSociatloll, a
dull -profit
corporation uncier
Lrit_a laws of the
State of LJeIv
York, with
Oi-)trutlolls la
Flor.Ldu, 11us L"e.lue5ted
A..sisr-anct: from
-LliL. C:icy or
Miami In
connection wir-li tilt.:
dtl-i
tilinuui
Coconut
Grove Led Race
to
br, ileid
on McFt.lri.ince kuad
atld
60Llt11
daysllore
Drive from 6:Uu
a.m. to :3:UO p.m. on May ib, 1966; and
Wt1L'Rt t», Lurtain stcLtuL:, should be closed to throuyn
vehlcuiar Lrafrlc on May 18, J98u during specified Hours to
111SUru LlltE- Safety of till: purL1c11�a11LS utid SpuCtclCoeti attending
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the 6th i,nnuai Coconut Grovt.: Lied Race; and
WH1 RlrAS, `i'nu Muscuiar Dystrophy ASSOCiuLion has requested
permission to soil bear arid wine for a one day period on May 18,
i98u, in conjUnc:L1011 W.LL11 LiW dtil i11111Ual Coconut Grove tied Race;
r
arld
WHLRL:AS, Ordinullcu Nu. 9o.LL; of trill , 1984, iluLhorizQd the
Y
a
City Commission to permit ciispuilsiny of beer or wine ill soft
'
C01ltd11lc:r5 111 ally C:1Ly P"rK upoll Such conditions allu limitations
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as the city commission should prescrine; urld
W ILREAS, Lne Clty of Niami Uepui Lnwnt of ParKS and
Recreation nas co-spunsored this event uilrlually since 1979; and
crrY COMMISSION
---- - MEETING 4F
l`1'ne 3cronyni us�u ioitills �,yellcy 1S M.11.ta.
FEB 13 11986
LUS01UTIUN 141) 86MP(l+�
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REMARK:
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WHEREA6, the City of 141ami Fianance Department, Risk
Management Division has provided that street closures and
`i
particular special events ttecc-ssitate that the sponsor obtain
c
`
certain liability insurance covurage;
NOW, THEREFORE, BL 1'r RESULVEU By THE CUMMISSIUN UP THE CITY,
i
OF MIAMI, FLORIDA-.
i
Section 1. in order, to establish a temporary pedestrian
i
ttiall on May 18, 1986 from 8:UU a.m. to 3.00 p.rn. for the 8th
I
Annual Coconut Grove iced Racy:, co -sponsored by the Muscular
i
Dystrophy Association <Lnd the City of Miami, Department of Parks
and Rucreation, the follOW.Lng streets are heruby closed to
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through vehicular traffic for the specified date and times:
(a) McFarlane Road from Main highway to South Bayshore
i
Drive;
(b) ;ioutll LsaysttoLe llrlve from McFarlane Road to S.W. 27th
Avunue;
(c) All strut:is and avenues intersecting the area listed in
i
subsections (a) and (b) hereof.
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Section 2. Such closing of streets is subject to the
issuance of permits by the Department of Police and Fire, Rescue
and irlspz:ution 5u1 vices . Sans pe11111L from the; Department of
Police is to be issued upon the full approval of the Chief of
Police: after giving all due: considerations to the safety and
traffic needs of residents, businesses, and religion institutions
in the area fur entering and crossing through said arterials and
upon the favorable exercise of the City Manager's judgment
predicatt!d upon all factors sot forth Herein.
Section J. Upon the issuance of a temporary permit by the
i
jFlorida
State Department of Business Regulatiun, Division of
Alcoholic beverages and Tobacco, to sell beer and wine, and
.
pursuant to the city Code, ttte rayuesL of Muscular Dystrophy
Association to sell beer and wine for a one; (1) day period in
connection WIL11 Lhe 8L1'i tanrtu-zLi Beu Race on May lb, 1986 is thereby
granted in compliance with Ordinance No. 9618, further subject to
the issuance of all permits reyuiced by iaw.
Section 4. The City Manayer is hereby authorized bo
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excecute a one -day agreuim-aft with the M.U.A. In substantially the
torm attached.
)
Suction J. 'fill.- ctl )C'21lt_11L-Lon d ,uLnuri;;,ttiuils duct ul��)LUVU1.5
cAru subjecL W ulld t.'0I101-LI011ed UlJoll LilrfMUSCUIa1- UlstroPlly
ASSoCluLIOII ubL•alilltly L(IL. Lll-,III rl_' t-.UVc_l,-tiju _lo rt.yUlrt-d by Lllu Ci ty
Of Mlanu, F.Lnunvu Ut1�c1L CIiII Cli:., h1Sk DIVI-Sloll alld Upoll
CUlIi(-)i1:.t11CU W1Lft lily OL&Wi i1-)t)liU•.iult_ .6li(1r1j.SLL�1L1.Vc: J11:".!CLlVU6
FEBRUARY_^.�_� iyt�u.
�^ AVIER L . SU EZ , MAYOR
:lty
PREPARED iiND eiPl'hUVEL) BY:
J " Roburt Y. C:i,4ri�'
Lrllef u`,t)U-L CiLy :�ttornuy
APPRuVLD CU CUIiA z%.yD
7 Lucl- t- UOuytlurty,
C.1Ly HLZ.UrIlt'y
SG-75
1 � �
AGREEMENT
a
fills iiyLeumunl- Uilt%1�u it1LV tlli:i`J-_- cXuy of___--_-^,__,, lyt'sU,
i
i by and between the t-ity of LL\tiami, a municipal corporation of the
state of Flor.16U, tttre:ina LUI 1e:icr.L:CUJ to aLj "C;i'1'1'" and the
hiusculz.t Uystruptly Association, Inc. ("MDA") a State or New York
nol-tar-i�roii�
cor.No.:a(:iorl, Iker`itiaftur referre;:d Lo
as
"IrONCE5Si0WAtRL•'"'
.
RL•'C I TAL :
Wr1EREAS, toe Ul P,aYkS
aiW kesC.reutlon is ve st`d with
jurisdiction over and control.
ur ali C-TY parks and
is
responsible: for
the: operuLlon of
variaus concc:ssiorls as may
be
ue:cussary, desirable
ur cunvetllent
for the: use of tree public
foe
neaith ul rec:r`aLion; arLd
WhERL;tiS, COWLESSiONAIRE Stlail USU the= ptOe eedS to lnci:a ase- the
availability or direct therapeutic services for citizens with the
dlsabiing conuition of Nusc:ular uyszrophy.
WHEREAS, tiler City Conanission by Resolution NO. of
authorizud tho ClLy Manager to enter into an
agreement with COLXESSiuNAIRE;
NOW, THEREFURE, e:-LTY Ulu mutually agree: as
follows:
1. TERM:
,his
Agreement
shall giant cun.:ussion privlieges for a otic:
(i j
day
period of May 16, 1986, during tnc: flours of the scheduled
8th
Annuui
riuscuA ar
Dystrophy Bed truce= . Should inulelnunL v✓either
or
any
unforeseen
reason cause tltt: reschuduling of said 'event,
the
City
rianagur or
his appuinted deslgne.: shall autriorize approval
for said rignLs to be In full force and effect for the agreed
upon ruscheduled date.
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C, r
2. SCOPE OF SERVICES:
A) C0N(7E1")'6I!_)NAi1?E is hereby the t'-'ll owi►-,g
lords cf busir.::sses arcs to pr wing kIn61S ,,f
(i) items f',r salc by CONCE:)SIU-:iAlHE - r-shi-ts and mats; ;jnd
vending by local business coneessiCrs, assignees '-:f the
('ONCE5SlO14AIR)✓, froS`i0ijA1RE will receive
a cortributiG!'..
3) il, is expressly understood l.hat. ,,ii prcp:sed (2'-'n0essi'-)r, acLiv-
itv must be submitted L'-, the Deportment (�f Parks and Recreal ior,
fc" app"oval n,- LIC'e' thin ( l � l f i ftcen pri -,r to the
event, and that no such iteLivity snrjli c.,.nf'lict with the existing
nG!'- t -i'
l' 7J%l 5igneG arU
dated Februory 1!1 1_;3'1 i:�ee itt-3ctied Exhibit r?).
C) Psuant t'-- lles-lUt.i b'1e' ar.d lJl'',e tiriy be sold
by assigned ver,dv~s. tv� ii:,u'-r, r Lri r coh-,lic beverai;es of
ary kind shall be sold, fi'.'rf%', ,r g vf,r awry by authorized
concessions in Peacock and Myers Paris, 'Jo gambling shall i;aKe
place, inclutding any drawir.E; fcr All c ,rcessit:ns shall
have current licenses nc,rnal.ly required by the City or State for
such crr.cessions as by the :'iLy Code.
))) CONCESSIONAIRE shall be solely responsible for any and all
expenses related to Fire, Police, Sanitation and any other
services related to this Agreement.
. COMPENSATION:
A) CITY shall pay C01KES f0llAiRE no o�-iipensati',n it connection
with this Agreement.
G) C014CE',)'S1Jf4AiRE sh.iii pzz CITY c,,;r!pt�n_ati .r. in c'-nr.ecti-•n
with this Agreement.
4. GENERAL CONDITIONS:
A) All rGtices which 5hall or lnay be
giver. pursuant to this Agreement shall Le in writing and shall be
delivered by personal service, or by registered mail addressed to
2 86-7
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f
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Lhe other party ,t
the address in:iicated
her,2ir.
or as
the same
may be changed from
time to time. Such
notice
shall
be deemed
giver or, Lhe day on
which pei l.y slc`ved;
Or
if by
mail, on
the fifth day after
being posted or the
date 'f
�-Ictual
receipt,
wtlicIle ver is e 3rii::'".
I'15. Ritchie Dorrier, District Director
6151 Miramar Parkway Suite 310
Miami, Florida 3302;
CITY OF MIAMI - 2600 South Bayshore Drive
Miami, Florida 33133
B) Titles and paragraph headings are for convenient reference and
are r,:t a part of this Agreemert.
C) in the event of, conflict betw,�en the Lerms of Lhis Agreement
and any terms or conditions contained in documents, the terms in
this Agreement shall rule.
D) No waiver or breach .t' 6v pr�visi�:n ,f this Agrcemer,' shall
r.
constitute a waiver of any subsequent breach of the same or any
other provision, hereof, and n,-, waiver shall be effective unless
made in writing.
E) Should any provisions, paragraphs, senterces, words ;r 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
provisions of this Agreement shall remain unmodified and in full
force and effect.
5. DEFINITION OF CONCESSIONAIRE:
It is expressly understood and agreed that no part, panel,
building, structure, equipment, r space is leased to
CONCESSIONAIRE, that this privilege is that of a concessionaire,
3 864w7Q .
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,t
and r,-,L a Lessee, thaL CONCE.):;10NA1RE11-') right to operate Lhe
Ti concession(s) shall cortirue ,r.ly s It-,ng as the cone(--ssior,'s
operation; complies wish 0, agreements'
suipulacions and cnrditiors of this Agreetner.t.
6. CO -PARTNERSHIP:
N ;thing herein, 2,;ntaired shall c"'l'ace or be constrUetd as c-eaLirg
a co -partnership between CITY and CONCES)IONAIKE as to constitute
CONCESSIONAIRE as r)n agert cf CiTY.
7% CUSTODIAN SERVICES AND MAINTENANCE:
CONCESSIONAIRE agrees L, service and mLjintain the area, via a
volunteer clear -up crew or contracted services, paid for• by
CONCESSIONAIRE, so as t,• leave th+� area it the same cleanliness
and condition in which it was accepter.
8. UTILITIES:
CONCESSIONAIRE shall herebv be resper,sible for all utility
requirements of crrcession operation(s) other than those
currentiy available at the park site and shall obtain the
approval of the City Manager ;r his designee prior to
t
installatior of any such requi-ement.
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9. RIGHT TO INSPECTION OF PREMISES:
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CONCESSIONAIRE agrees that the concession facilities and premises
may be inspected at any time by authorized representatives of
CITY or by any other state o- county office or agency having
!
responsibility for inspection of operations. CONCESSIONAIRE
i
agrees to undertake immediaLely Lhe correcLlon of ary deficiency
s
i
cited by such inspectors or to immediately remove said concession
from the site.
1O. INTERFERENCE:
CONCESSIONAIRE hereby waives all claims f,r eomper.satior.'for loss
or damage sustained by reason of interference by any public
agency or official in the operacicn of this concession; any such
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8s-7" -
interference sha1L not relieve CONCES'3iONAiRE from any obligation
hereunder.
11. INDEMNIFICATION:
CONCtES610NAIRE shall indemv:ifv and save CITY harmless from yard
against any and all claims, 12_abilities, lr-sses, and cause of
action., which ►nay arise out of uctivitiO.s under
this Agreement, including all other acts or ommissions to act or,
the part of CONCESSIONAiRE, including any person acting fc-r or on
his/her behalf ana, f'rcm and against any orders, judgements or
decrees which may be entered, and from and against all costs,
attorney's fees, expenses ar,d liabilities incurred in the defense
of any such claims, ,r in the inv:astigarion therec,f.
12. INSURANCE:
CONCESSIONAIRE shall prrvide a Comprehensive General Liability
Policy including Products and Completed Operations coverage in
the amount of -,ne million dollars ($1,000,000) combined single
limit for bodily injury and property damage liability. CITY
shall be named as an Additional in,su-ed on such policy. A
Certificate of insurance for said coverage, for the approved
event date, shall be delivered to CITY nc, 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:
Both parties shall comply with all applicable laws, ordinances
and codes of federal, state and local governments.
14. LIMITATION ON USE OF FACILITY:
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 violati,:�n, of any federal, slate, ccurLy or municipal
ordinance, rule, order or regulation or of any other governmental
clause, Mule or regulation, r,r.w in effect heoeafter er acted or
x; adop ed.
15. CONSTRUCTION OF AGREEMENT:
This AgreeraerL shall be c-,r,st.ruc d and �_r.fDrced ,Cccrding to the
laws of the State of F1c',rida.
16. INDEPENDENT CONTRACTOR:
CONCESSIONAIRE ,and iLs uinpioy-ees ;nd agents shall be deemed to be
independent contractors, and rot agents or employees of CITY,
ar;d shall r.oL attain any rights Jr benefits under the Civil
service or Persior. Ordinances ..' CITY, or any rights generally
afforded classified o- unclassified employees; Further its
employees and agents shall not be deemed entitled to Florida
Worker's Compensation ben`fiLs .;is an employee of the CITY.
17. NON-DELEGABILITY:
The obligations undertaker, by CONCESSIONAIRE pursuant co this
Agreement shall not be delegated cr assigned to any other person
—s or firm unless CITY snali fir5L conserL ir. writing to the
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performance or assignment of such services cr any part thereof
by another person or firm.
! 18. NON-DISCRIMINATION:
CONCESSIONAIRE agrees that there shall be no discrimination, as to
race, sex, color, creea, national origin, or handicap in
connection with any operations under this Agreement.
19. SUCCESSORS AND ASSIGNS:
' This Agreement shall be binding upon, Lhe parties herein, their
heirs, executors, legal representatives, successors, and assigns.
20. AMENDMENTS:
Nc amendments to this Agreement shall be binding on either party
fi
unless in writing and signed by both parties.
T
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21. ENTIRE AGCEEMNT:
This instrument: anti
its ilttriCII,1UIILs
c:onsLiLuLe
the sole and
only
tAgreemunL of the parties iieieto
and correctly
scat forth
the
rights, IULIUS, arlci
obligEltiGliti of
to the
otllEr :s Of
its
uate . telly pi for
dgreemunts,
promises, lieyotia
Lions,
01:•
rtriesontuLions 110L
eXpl:03 4iy SiuL f0l
Lil ill t }lls
i�yiCsumunL dre2
of
no force or effect.
iN WiTNES:i Wffi;RLOF, thu parties Hereto E1._ive CLIA ;06 tills t�greemt liL-
to be: executed in their namQs by Uluir uuiy authorize(( offi0Li8
4nd tile: c.orputuLe sells Lo be all as of the day
aIid year first iabovu written.
ATTEST:
MatLy hirai, ,.
City c:leck
ATTEST:
LORPORATL Sh;I -R- TAI )Y
APPROVED AS TO INSURA&CE REQU I RL HEN T S :
Division of Risk Management:
APPROVED AS TO FOILl tii�L' CURRE'L:'1NL6 S:
Lug A. Dougherty,
City Attorney
CITY OF HIAM-L, a
municipal corporation
of the State of Florida
By _
CESAR H. OLIU
CITY MANAGER
CONCESSIUNAIRE:
13y
PRLSiULNT
( 5Ei-,L )
86w* 7S
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO The Honorable Mayor and DATE: FEB 6 1986 FILE:
"a Members of the City Commission
SUBJECT Resolution Authorizing
the Closing of Streets
A� and Agreements for the
FROM Cesar H. OdiO Muscular Dystrophy Bed
REFERENC S
City Managerta c e .
ENCLOSURES.
IT IS RECOMMENDED THAT A RESOLUTION BE PASSED
CONCERNING THE MUSCULAR DYSTROPHY ASSOCIATION
BED RACE ON MAY 18, 1986 AUTHORIZING THE CITY
MANAGER TO CLOSE CERTAIN STREETS TO THROUGH
VEHICULAR TRAFFIC FROM 8:00 A.M. TO 3:00 P.M.;
AND FURTHER ALLOWING THE SALE OF BEER AND WINE
FOR A ONE (1) DAY PERIOD AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A ONE DAY CONCESSION AGREEMENT
WITH THE M.D.A. IN SUBSTANTIALLY THE FORM
ATTACHED, SUBJECT TO THE ISSUANCE OF ALL PERMITS
REQUIRED BY LAW.
BACKGROUND
The City of Miami, Department of Parks and Recreation has co -sponsor-
ed this event annually since its inception in 1979. A temporary pe-
destrian mall will be established by closing said streets below, sub-
ject to the issuance of permits by the Police and Fire Departments:
a) MacFarlane Road from Main Highway to S. Bayshore Dr.
b) S. Bayshore Dr. from McFarlane to S.W. 27th Avenue,
including all intersections.
Last year (1985) the Seventh Annual Coconut Grove Bed Race provided a
wholesome recreational activity for an estimated 40,000 people while
assisting in raising ninety two thousand dollars ($92,000) to fight
Muscular Dystrophy.
It is also recommended that pursuant to Ordinance 9818 of April 5,
19'84, M. D.A. be allowed the sale of beer and wine for this date; and
further that a temporary one day concession agreement be authorized
between the City and the Muscular Dystrophy Association, for vending,
as assigned by the M.D.A., and approved by the City, with all
proceeds to be donated to the Association. Vending areas shall in-
clude the perimeters of the closed streets and Peacock and Myers
Parks.
We believe that the Bed Race is a worthwhile cause for
and recommend continued support of this public health
which fosters research and promotes higher standards of
our citizens.
the community
organization
health among
h`" =1
r
January 10, 1986
Carl Kern
COMMITTEE MEMBERS:
Diof Parks
Di
and Recreation Department
BOJANGLES:
City of' Miami
Laura Rosar
2600 S . Bayshore Drive
Rick Bell
Coconut Grove, F1 33133
BUDWEISER:
AI Cueto
Dear Mr. Kern:,
Julio Rebull
CITY OFMIAMI:
By way of this letter, I would like to address a few
Kevin Smith
items regarding the upcoming 8th Annual Coconut Grove
FOUR WAY STREET:
Bed Race.
Barry Perlman
Billy Rudnick
At this time, on behalf of the Bed Race committee, I
MUSCULAR DYSTROPHY
would like to request the use of Peacock Park and Myers
ASSOCIATION:
Park along with closing off South Bayshore Drive from
Andy Behrman
�30 a.m. to 3:00 p.m, on Sunday, May 18, 1986 to host
Patty Kane
our 8th Annual Coconut Grove Bed Race to benefit the
Steve Krakow
Muscular Dystrophy Association.
Glenn Reinhardt
WSHE-103.5FM:
Your cooperation in the past years on this successful
Chuck Bortnick
event has been great and we would appreciate your
Michael Dalfonzo
support -services this year, as in the past seven
j Allen Stieglitz
years.
Again, speaking on behalf of the Bed Race committee, we
will do everything to insure the success and safety of
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this community event.
Thank you in advance for your cooperation.
Sinc ely,
atty Kane
1
Program Coor n to
PK/pac
cc: Kevin Smith
MUSCULAR DYSTROPHY ASSOCIATION
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6151 n,uramar Parkway, Suite 310, miramar, Florida 33023
Dade. 624-3714 Broward Q62.4117
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