HomeMy WebLinkAboutR-85-1106-BJ-85-1086
(M85-1014)
( 9-26-85 )
RESOLUTION NO.
A RESOLUTION GRANTING, UPON THE ISSUANCE
OF A 'TEMPORARY PERMIT BY THE STATE OF
FLORIDA, DEPARTMENT OF BUSINESS REGU-
LATION, DIVISION OF ALCOHOL BEVERAGES
AND TOBACCO, THE REQUEST OF COCONUT
GROVE MARKETING TO SELL BEER FOR A ONE -
DAY PERIOD IN CONNECTION WITH THE GREAT
COCONUT GROVE WAITER RACE TO BE HELD
NOVEMBER 24, 1985, AT PEACOCK PARK,
SUBJECT TO ALL PERMITS REQUIRED BY LAW;
FURTHER AUTHORIZI14G THE CITY MANAGER TO
EXECUTE A ONE -DAY NONEXCLUSIVE CONCES-
SION AGREEMENT WITH THE ORGANIZATION IN
A FORM ACCEPTABLE TO THE CITY ATTORNEY,
AND CLOSING CERTAIN STREETS TO
THROUGH VEHICULAR TRAFFIC DURING THE
SPECIFIED DATE AND TIMES SUBJECT TO THE
ISSUANCE OF PERMITS BY THE DEPARTMENT OF
POLICE AND THE DEPARTMENT OF FIRE,
RESCUE AND INSPECTION SERVICES.
L WHEREAS, the Great Coconut Grove Waiter Race has beer,
planned for November 24, 1985; and
' WHEREAS, the event will take place in the City of Miami
Peacock Park and will include the sale of food and beverage; and
WHEREAS, Coconut Grove Marketing, the organizers of this
event, have requested closure of South Bayshore Drive from
Peacock Park to S.W. 27 Ave. for the running of the Waiter Race
and permission to sell beer during this event, and
WHEREAS, Ordinance No. 9818, of April 5, 1984, authorized
the 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;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. Upon the issuance of a temporary permit by the
Florida State Department of Business Regulation, Division of
Alcoholic Beverages and Tobacco, to sell beer, and pursuant to
the City Code, the request of Coconut Grove Marketing to sell
beer for the one -day period of November 24, 1985
CITY CobWSSION
Fr "
MEETING OF
i
NOV 13 1985
in correction with the Great Cocorut Grove Waiter trace is hereby
granted in compliance with Ordinance No. 9818, further subject to
the issuance of all permits required by law.
Section 2. The City Manager is hereby authorized to execute
a ore -day r,or,exclusive concession agreement with Coconut Grove
Marketing in a form acceptable to the City Attorney it connection
with the evert.
Section 3. In order to effectuate safe passage during the
Great Coconut Grove Waiter Race, the following streets are hereby
closed to through vehicular traffic during the date and hours
specified below:
South Bayshore Drive from Peacock Park
to S.W. 27th Avenue
Sunday, November 24, 1985 10:00 AM - 6:00 PM
Section 4. Such closing of streets is subject to the
issuance of permits by the Departments of Police and Fire, Rescue
and Inspection Services. Said permit from the Department of
Police is to be issued upon the full approval of the Chief of
Police after giving all due consideration to the safety and
traffic needs of residents, businesses and religious institutions
in the area for entering and crossing through said arterials and
upon the favorable exercise of the City Manager's judgment
predicated upon all factors set forth herein.
PASSED AND ADOPTED this 13th day of NOVEMBER , 1985.
PREPARED AND APPROVED BY:
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Robert F. Clark
Chief Deputy City Attorney
APPROVED �I'T0 FORM AND CORRECTNESS:
Lucia A. Dougherty,
City Attorney
MAURICE A. FERRE
MAYOR
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AGREEMENT
This Agreement enterer'. irtc th - day of , 1985,
by and between the City of Miami, a municipal ccrporation of Dade
County, Florida, hereinafter referred tc as "CITY" and Marshall
Steingold, an individual, d/b/a/ Coconut Grove Marketing,
hereinafter referred tc as "CONCESSIONAIRE".
WITNESSETH:
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, the City Commission, by Resolution. No. 85- of
November 14, 1985, authorized the City Manager to enter into ar
agreement with CONCESSIONARIE;
NOW, THEREFORE, CITY and GRANTEE do mutually agree as follows:
1. TERM:
This Agreement shall grant concession privileges for a one day
period of November 24, 1985, during the hours of the scheduled
Great Coconut Grove Waiter Race in Peacock. Should inclement
weather or any unforeseen reason cause the rescheduling of said
Evert. the C?.ty Manager or his anpcinted designee shall authorize
approval for said rights to be in full force and effect for the
agreed upon rescheduled date.
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2. SCOPE OF SERVICES:
A) CONCESSIONAIRE is hereby authorized t(, ccrduct the following
kinds of businesses and to prrvide the following kinds of
services.
(i) vending by 15-20 local restaurants from the Coconut Grcve
area who will sell taste size portions of their food.
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.
C) Pursuant to Resolution No. , beer may be sold by as-
signed vendors. No wines, liquor, or other alcoholic beverages
of any kind shall be sold, offered, or giver away by authorized
concessions in Peacock and Myers Parks. No gambling shall take
place, including any drawing for prizes. All concessions
assigned by CONCESSIONAIRE shall have current licenses normally
required by the City or State for such concessions as required by
38-45 of 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 insure the safety and welfare of the participants and the
attending crowds.
3. COMPENSATION:
A) CITY shall pay CONCESSIONAIRE no compensation in connection
with this Agreement.
B) CONCESSIONAIRE shall pay CITY no compen.satior in connection
with this Agreemert.
4. GENERAL CONDITION:
A) All notices or other communications which shall or may be
given pursuant to this Agreement shall be in writing and shall be
delivered by personal service, or by registered mail addressed to
the other party at the address indicated herein or as the same
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may be charged from time to time. Such rctice shall be deemed
given or, the day on which personally served; or if by mail, or
the fifth day after being posted or the date of actual receipt,
whichever is earlier.
CONCESSIONAIRE
MARSHALL STEINGOLD, AN INDIVIDUAL
d/b/a COCONUT GROVE MARKETING
P.O. Box 330935
Coconut Grove, Florida 33133
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 evert of conflict between the terms of this Agreement
and any terms or conditions contained in documents, the terms in
this Agreement shall rule.
D) Should ar,y 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
provisions of this Agreement shall remain unmodified and in full
force and effect.
5. DEFINITION OF CONCESSIONAIRE:
It is �.�spr_� _' v understood and g ee�� t},at no part, par.. 7 ,
building, structure, equipment, or space is leased to
CONCESSIONAIRE, that this privilege is that of a concessionaire,
and not a Lessee, that CONCESSIONAIRE'S right to operate the
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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may be changed from time to time.
Such r.ctice shall be deemed
given or the day on which personally served; or if by mail, or
the fifth day after being posted or the date of actual receipt,
whichever is earlier.
CONCESSIONAIRE
MARSHALL STEINGOLL, AN INDIVIDUAL
d/b/a COCONUT GROVE MARKETING
P.O. Box 330935
Coconut Grove, Florida 33133
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 evert of conflict between the terms of this Agreement
and any terms or conditions contained in documents, the terms in
this Agreement shall rule.
D) 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
provisions of this Agreement shall remain unmodified and in full
force and effect.
5. DEFINITION OF CONCESSIONAIRE:
It is txpr_-s'v understood and -veer' tt.at no part, pan. ,
building, structure, equipment, or space is leased to
CONCESSIONAIRE, that this privilege is that of a concessionaire,
and not a Lessee, that CONCESSIONAIRE'S right to operate the
concessior, s) shall continue only so long as the con.cession'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 betweer CITY and CONCESSIONAIRE as to constitute
CONCESSIONAIRE as ar ager t of CITY.
7. CUSTODIAN SERVICES AND MAINTENANCE:
CONCESSIONAIRE agrees to service and maintain the area, via a
volunteer clean-up crew or contracted services, paid for by
CONCESSIONAIRE, so as to leave the area in the same cleanliness
and condition in which it was accepted.
8. UTILITIES:
CONCESSIONAIRE shall hereby be responsible for all utility
requirements of concession operation(s) 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.
9. RIGHT TO INSPECTION OF PREMISES:
CONCESSIONAIRE agrees that the concession facilities and premises
may be inspected at any time by authorized representatives of
CITY or by any other state or county office or agency having
responsibility for inspection of operations. CONCESSIONAIRE
agrees to undertake immediately the correction of any deficiency
^ited by such inspectors or to immediately remove said concession
from the site.
10. INTERFERENCE:
CONCESSIONAIRE hereby waives all claims for compensation for loss
or damage su-tEired by reason of interfererce by a!--,, _
agency or official in the operation, of this concession; any such
interference shall not relieve CONCESSIONAIRE from any obligation.
hereunder.
11. INDEMNIFICATION:
CONCESSIONAIRE shall indemnify and save CITY harmless from and
against any and all claims, liabilities, losses, and cause of
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16. INDEPENDENT CONTRACTOR:
CONCESSIONAIRE and its employees and agents shall be deemed to be
independent contractors, and not age-ts cr employees of CITY,
and shall r^t attair 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 rot be deemed entitled to Florida
Worker's Compensation berefits as an employee of the CITY.
17. NON-DELEGAHILITY:
obligations undertaker. by CONCESSIONAIRE pursuant to this
cement shall not be delegated or assigned to any other persor
or firm unless CITY shall first consent in writing to the
performance or assignment of such services or any part thereof
by another person or firm.
18. NON-DISCRIMINATION:
CONCESSIONAIRE agrees that there shall be no discrimination as to
race, sex, color, creed or national origin in connection with any
operations under this Agreement.
19. SUCCESSORS AND ASSIGNS:
This Agreement shall be binding upor the parties herein, their
heirs, executors, legal representatives, successors, and assigns.
20. AMENDMENTS:
No amendments to this Agreement shall be binding or either party
unless in writing and signed by both parties.
IN WITNESS ?•J;:c FEOF, the
p rties
hereto. ca�j.-rd th _
,- , •;
to be executed in their
names
by their duly authorized
officers
and the corporate seals
to be
affixed hereto, all as of
the day
.w � OF 4e
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ar.d year first above written.
ATTEST:
Matty Hirai,
City Clerk
WITNESS:
APPROVED AS TO INSURANCE REQUIREMENTS:
Division. of Risk Management
APPROVED AS TO FORM AND CORRECTNESS:
Lucia A. Dougherty,
City Attorney
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CITY OF MIAMI, a
nuricipal corporatior
of the State of Florida
B
City Manager
GRANTEE:
Marshall Steingold,
ar individual,
d/b/a Coconut Grove
Marketing
by
Marshall Steingold
—it loci de
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ciTN Or MIAM1. FLORIDA
INTEROFFICE MEMORANDUM
rc Honorable Mayor and Members CA*E N 0 V 1 31885 TILE
of the City Commission
Sergio Pereir
ty Manager
SI.B,Ez,- Resolution Authorizinq Beer
Permit, Street Closure, and
Concession Privileges for
the Great Coconut Grove Waiters
PErEPENCES Race
ENZLCSuPES
"It is recommended that Coconut
Grove Marketing be allowed to sell
beer and wine in Peacock Park on
November 24, 1985, in connection with
the Great Coconut Grove Waiter Race
and subject to the issuance of all
permits required by the Florida
Department of Business Regulation, and
that a nonexclusive concession rights
agreement and the closure of certain
streets be authorized, per the attached
resolution."
7.ACKGROUND
in September 26, 1985, the City Commission, by Motion 85-1014,
expressed its intent to grant the request of representatives from
Coconut Grove Marketing for a beer permit and street closure in
connection with its Great Coconut Grove Waiters Race to be held
November 24, 1985, in the City's Peacock Park.
The sale of beer and wine shall be contingent upon the issuance
of a temporary permit by the Florida Department of Business
Regulation, Division of Alcoholic Beverages and Tobacco and any and
all permits which may be required by law.
The Parks and Recreation Department recommends the authorization
of a one -day nonexclusive concession rights agreement with the
organization, in a form acceptable to the City Attorney.
The event also will require closing South Bayshore Drive from
Peacock Park to S.W. 27 Avenue.
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