HomeMy WebLinkAboutR-85-0151■
J-85-120
M-85-66
(1/24/85)
RESOLUTION NO. 85-1S1
i
A RESOLUTION ALLOCATING AN AMOUNT
NOT TO EXCEED $35,000 FROM SPECIAL
PROGRAMS AND ACCOUNTS, CONTINGENT
FUND, IN SUPPORT OF CALLE OCHO, TO
BE HELD IN MIAMI ON MARCH 10,
1985; AUTHORIZING THE CITY MANAGER
TO EXECUTE AN AGREEMENT SUBJECT TO
THE APPROVAL OF THE CITY ATTORNEY;
CLOSING CERTAIN STREETS TO THROUGH
VEHICULAR TRAFFIC AND ESTABLISH-
ING A PEDESTRIAN MALL DURING SPE-
CIFIED HOURS FOR THIS EVENT; SAID
STREET CLOSING SUBJECT TO THE IS-
SUANCE OF PERMITS BY THE DEPART-
MENTS OF POLICE AND FIRE, RESCUE
AND INSPECTION SERVICES; ESTAB-
LISHING THE AREA PROHIBITED TO
RETAIL PEDDLERS DURING THE PERIOD
OF THE EVENT; FURTHER ALLOWING THE
SALE OF BEER AND WINE FOR A ONE -
DAY PERIOD BY THE KIWANIS CLUB OF
LITTLE HAVANA IN CONNECTION WITH
THIS EVENT, SUBJECT TO THE ISSU-
ANCE OF ALL REQUIRED PERMITS.
WHEREAS, the City Commission, on January 24, 1985, expressed
their intent to allocate $80,000 to Calle Ocho, Carnaval Miami,
and Paseo by Motion No. 85-66; and
WHEREAS, the sponsors of the events, the Kiwanis Club of
Little Havana and the Little Havana Tourist Authority, have
requested that $35,000 be allocated to Calle Ocho, and that
$45,000 be allocated to Carnaval Miami and Paseo; and
WHEREAS, the Kiwanis Club of Little Havana has requested the
closing of SW 8th Street from SW 4th Avenue to SW 26th Avenue;
and
WHEREAS, the Kiwanis Club of Little Havana has also
requested permission to sell beer and wine for a one -day period
on March 10, 1985, in connection with 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
r OF MIAMI, FLORIDA:
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CITY COMMISSION
ME?3TING OF
F E B 14 1985
„ o,i 85-151
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Section 1. An amount not to exceed $35,000 is hereby
allocated from Special Programs and Accounts, Contingent Fund, as
a grant in support of Calle Ocho, to be held in Miami on March
10, 1985.
Section 2. The City Manager is hereby authorized to execute
an agreement with the Kiwanis Club of Little Havana, Inc.
establishing the terms and conditions of said grant, subject to
the approval of the City Attorney.
Section 3. In order to provide safe passage and a temporary
pedestrian mall during Calle Ocho, the following streets are
hereby closed to through vehicular traffic on March 10, 1985 from
8:00 a.m. to 8:00 p.m.:
a) S.W. 8 Street from Beacom Boulevard
S.W. 26 Avenue to S.W. 4 Avenue.
b) All streets and avenues intersecting
the area listed above.
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.
Section 5. Pursuant to the provisions of Ordinance No. 8851,
enacted September 28, 1978, all retail peddlers' occupational
licenses issued under the provisions of Chapter 31 of the City
Code, as amended, will not be valid on March 10, 1985, during the
hours of 8:00 A.M. to 8:00 P.M. on SW 8th Street from Sw 4th
Avenue to SW 26th Avenue, and on all intersecting streets for two
blocks north of SW 8th Street and two blocks south of SW 8th
Street.
Section 6. Permission to sell beer for a one -day period is
hereby granted to the Kiwanis Club of Little Havana in connection
with Calle Ocho, on March 10, 1985, in compliance with Ordinance
85-151
or
No. 9818, and subject to the issuance of all required permits.
PASSED AND ADOPTED this 14th day of February--, 1985.
ST:
RALPF1 G. ONGIE, CITY CLERK
PREPARED AND APPROVED BY:
Ae-041 �1' ozac
ROBERT F. CLARK
ASSISTANT CITY ATTORNEY
APPROVED
LUCIA A. DOUGHE
CITY ATTORNEY
m
AND CORRECTNESS:
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Maurice A. Ferre
MAYOR
85-151
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CITY OF MIAMI. FLORIDA
33 INTER -OFFICE MEMORANDUM -
TO Randolph B. Rosencrantz DATE. January 31, 1985 FILE:
City Manager
SUBJECT A Resolution Concerning
Calle Ocho
4991C-11ram_
FROM Carl E. Kern
Director
Department of Parks and Recreation
REFERENCES: February 14, 1985, City
Commission Meeting
ENCLOSURES.
"It is recommended that $35,000
be allocated in support of Calle
'\ Ocho, to be held in Miami on March
10, 1985; that certain streets be
closed to through vehicular
traffic; and that the sale of beer
and wine be allowed during the
event, formalizing Motion No. 85-
66, per the attached resolution."
The City Commission, by Motion No. 85-66 on January 24, 1985,
expressed its intent to allocate $80,000 to Calle Ocho, Carnaval
Miami and Paseo. The sponsors of these events, the Kiwanis Club of
Little Havana and the Little Havana Tourist Authority, have requested
that $35,000 be allocated to Calle Ocho and that $45,000 be allocated
to Carnaval Miami and Paseo.
The Kiwanis Club of Little Havana has planned Calle Ocho for March
10, 1985. The organization has requested the closing of certain
streets through from 8:00 a.m. to 8:00 p.m., as well as permission to
sell beer and wine on S.W. 8 Street during the event.
The Department of Parks and Recreation supports these requests, and
recommends authorization subject to compliance with City, County and
State permits, per the attached resolution.
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MEV:hs
cc: Law Department
85-151
kiT
No
AGREEMENT
This agreement entered into this day of ,
1985, by and between the City of Miami, a municipal corporation
of Dade County, Florida, hereinafter referred to as "CITY" and
the Kiwanis Club of Little Havana, Inc., hereinafter referred to
as "GRANTEE".
WITNESSETH:
WHEREAS, the City Commission, by Resolution No. of
February 14, 1985, allocated an amount not to exceed $35,000 from
Special Programs and Accounts, Contingent Fund, in support of
Calle Ocho, on March 19, 1985; and
WHEREAS, the City Commission by Resolution No. of
February 14,1985, authorized the City Manager to enter into an
agreement with the Kiwanis Club of Little Havana, Inc.;
NOW, THEREFORE, the City of Miami and the Kiwanis Club of
Little Havana, Inc. do mutually agree as follows:
1. TERM
The. term of this Agreement shall be from February 14, 1985,
through March 10, 1985.
2. CITY AUTHORIZATION
For the purpose of this Agreement, the City of Miami Depart-
ment of Parks and Recreation (hereinafter "DEPARTMENT") will act
on behalf of CITY in the fiscal control, programmatic monitoring,
and modifications of this Agreement, except as otherwise
provided by this Agreement.
3. NON-EXCLUSIVE CONCESSION RIGHTS
A) CITY hereby grants to GRANTEE non-exclusive concession privi-
leges for a one -day period of March 10, 1985, during the hours of
the scheduled Calle Ocho. Should inclement weather nr an%,
unforeseen reason cause the rescheduling of said event, the City
Manager or his appointed designee shall authorize approval for
said rights to be in full force and effect for the agreed upon
rescheduled date.
B) GRANTEE is hereby authorized to conduct the following kinds of
businesses and to provide the following kinds of services;
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(i) vending of food, beverages, and crafts.
C) 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.
D) 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. No gambling shall take place, including any drawing
for prizes. All concessions assigned by GRANTEE shall have
current licenses normally required by the City or State for such
concessions as required by Section 38-45 of the City Code. _
E) It is expressly understood and agreed that no part, panel,
building, structure, equipment, or space is leased to GRANTEE,
that this privilege is that of a concessionaire, and not a Les-
see, that Grantee'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 condi-
tions, of this Agreement.
F) GRANTEE agrees to service and maintain the area, via a volun-
teer clean-up crew or contracted services, paid for by GRANTEE,
so as to leave the area in the same cleanliness and condition in
which it was accepted.
4. GRANTEE AGREES
A) GRANTEE shall produce a street festival, known as Calle
Ocho: Open House, on SW 8th Street, from SW 4th Avenue to Sw 26th
Avenue on March 10, 1985.
B) GRANTEE shall insure the safety and welfare of the parti-
cipants and the attending crowds by securing the services of the
City's Police, Fire and Sanitation Departments in the manner
prescribed by said departments.
C) GRANTEE shall obtain the necessary licenses and permits
as prescribed by City Code for this event.
D) GRANTEE shall list the City of Miami as a co-sponsor of
said event on all publicity releases.
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85-151
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E) GRANTEE shall provide a complete portfolio to DEPARTMENT
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of all press releases and coverages related to said event within
30 days after the completion of the event.
F) GRANTEE shall provide a certified statement to DEPARTMENT
of revenues and expenditures related to said event within 30
days after the completion of the event.
G) GRANTEE shall provide a final report to DEPARTMENT to
include a narrative of the event, whether the goals set for the
event were attained, and what will be done differently in the
future, within 30 days after the event.
5. COMPENSATION
A) CITY shall pay GRANTEE, as maximum compensation for the
services pursuant to Paragraph 4 hereof, $35,000.
B) Such grant shall be paid on the following basis:
(i) All charges for services provided by CITY shall
first be deducted.
(ii) any remaining funds shall be disbursed by CITY upon
the receipt of paid original invoices.
C) Advance payments may be made upon receipt of original
invoices, and/or agreements and a written request from GRANTEE.
Prior to each subsequent advance payment, justification of the
previous advance must be submitted to DEPARTMENT. All payments
shall be for expenditures incurred only during the Agreement
period, and in compliance with a previously approved line -item
budget. Such written request shall contain a statement declar-
ing and affirming that all disbursements were made in accordance
with the approved budget. All documentation in support of such
request shall be submitted to the City at the time request is
made and all invoices are required to have been paid by the
GRANTEE prior to submission of subsequent requests for advances.
All reimbursements must be in line -item form and be in accord
with this Agreement. All expenditures must be verified by
—
original paid invoice with a copy of the cancelled check which
was used to pay that specific invoice. In case that an invoice
is paid by various funding sources, a copy of the invoice may be
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85-151,
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submitted but must indicate the exact amount paid by various
}
funding sources equaling the total of the invoice. No
miscellaneous categories will be accepted as a line -item in a
budget.
D) The City of Miami Department of Parks and Recreation
shall handle payment to all City Departments for and on behalf of
GRANTEE to cover the cost of said in -kind services delivered in
connection with the festival.
E) Such grant shall be paid in accordance with the approved
line item budget attached and incorporated as a part of this
Agreement.
F) CITY shall have the right to review and audit the time
records of GRANTEE pertaining to any payment by CITY.
6. TERMINATION OF CONTRACT
CITY retains the right to terminate this Agreement at any
time prior to the completion of the services without penalty to
CITY. In that event, notice of termination of this Agreement
shall be in writing to GRANTEE who shall be paid for expenses
incurred prior to the date of the receipt of the notice of termi-
nation. In no case, however, will CITY pay GRANTEE an amount in
excess of the total grant provided by this Agreement.
It is hereby understood by and between CITY and GRANTEE that
any payments made in accordance with this Section to GRANTEE
shall be made only if said GRANTEE is not in default under the
terms of this Agreement. If GRANTEE is in default, then CITY
shall in no way be obligated and shall not pay to GRANTEE any sum
whatsoever.
7. 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
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,
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whichever is earlier.
KIWANIS CLUB OF LITTLE HAVANA, INC.
900 SW 1st Street, #202
Miami, Florida 33130
CITY OF MIAMI - 2600 South Bayshore Drive
Miami, Florida 33133
B) Titles and paragraph headings are for convenient refer-
ence and are not a part of this Agreement.
C) In the event of conflict between the terms of this Agree -
went 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 unen-
forceable under the laws of the State of Florida or the City of
Miami, 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.
S. AWARD OF AGREEMENT
GRANTEE warrants that it has not employed or retained any
person employed by CITY to solicit or secure this Agreement and
that it has not offered to pay, paid, or agreed to pay any person
employed by CITY any fee, commission, percentage, brokerage fee,
or gifts of any kind contingent upon or resulting from the award
of this Agreement.
9. NON-DELEGABILITY
The. obligations undertaken by GRANTEE pursuant to this
Agreement shall not be delegated or assigned to any other person
or firm unless CITY shall first consent in writing to the per-
formance or assignment of such services or any part thereof by
another person or firm.
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85-151
10. CONSTRUCTION OF AGREEMENT
'
This Agreement shall be construed and enforced according to
the laws of the State of Florida.
ll.SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon the parties herein,
their heirs, executors, legal representatives, successors, and
assigns.
12. AUDIT RIGHTS
A) GRANTEE shall provide CITY with a letter from an inde-
pendent Certified Public Accountant (C.P.A.) which establishes
that GRANTEE'S internal controls are adequate to safeguard its
assets and property record funds. CITY will not release any
funds to GRANTEE prior to the receipt of this letter.
B) CITY reserves the right to audit the records of GRANTEE
at any time during the performance of this Agreement and for a
period of three years after final payment is made under this
Agreement.
C) CITY will audit all GRANTEES receiving $15,000 or more.
D) All GRANTEES receiving $25,000 or more will submit to
CITY's Department of Parks and Recreation an independent audit,
by a certified public accountant, which must include the expres-
sion of an opinion on the financial statements and accounts of
funds. Said audit shall be submitted to CITY's Department Parks
and Recreation no later than 90 days after the termination of
this Agreement or final receipt of CITY funds, whichever is
applicable.
13. INDEMNIFICATION
GRANTEE shall indemnify and save CITY harmless from and
against any and all claims, liabilities, losses, and cause of
action, which may arise out of GRANTEE'S activities under this
Agreement, including all other acts or ommissions to act on the
part of GRANTEE, including any person acting for or on its be-
half, and from and against any orders, judgments or decrees which
may be entered, and from and against any and all costs, attor-
ney's fees, expenses and liabilities incurred in the defense of
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10. CONSTRUCTION OF AGREEMENT
This Agreement shall be construed and enforced according to
the laws of the State of Florida.
ll.SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon the parties herein,
their heirs, executors, legal representatives, successors, and
assigns.
.12. AUDIT RIGHTS
A) GRANTEE shall provide CITY with a letter from an inde-
pendent Certified Public Accountant (C.P.A.) which establishes
that GRANTEE'S internal controls are adequate to safeguard its
assets and property record funds. CITY will not release any
funds to GRANTEE prior to the receipt of this letter.
B) CITY reserves the right to audit the records of GRANTEE
at any time during the performance of this Agreement and for a
period of three years after final payment is made under this
Agreement.
C) CITY will audit all GRANTEES receiving $15,000 or more.
D) All GRANTEES receiving $25,000 or more will submit to
CITY's Department of Parks and Recreation an independent audit,
by a certified public accountant, which must include the expres-
sion of an opinion on the financial statements and accounts of
funds. Said audit shall be submitted to CITY's Department Parks
and Recreation no later than 90 days after the termination of
this Agreement or final receipt of CITY funds, whichever is
applicable.
13. INDEMNIFICATION
GRANTEE shall indemnify and save CITY harmless from and
against any and all claims, liabilities, losses, and cause of
action, which may arise out of GRANTEE'S activities under this
Agreement, including all other acts or ommissions to act on the
part of GRANTEE, including any person acting for or on its be-
half, and from and against any orders, judgments or decrees which
may be entered, and from and against any and all costs, attor-
ney's fees, expenses and liabilities incurred in the defense of
C1
85-151
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f,
10. CONSTRUCTION OF AGREEMENT
This Agreement shall be construed and enforced according to
the laws of the State of Florida.
ll.SUCCESSORS AND ASSIGNS
i
This Agreement shall be binding upon the parties herein,
their heirs, executors, legal representatives, successors, and
assigns.
12. AUDIT RIGHTS
A) GRANTEE shall provide CITY with a letter from an inde-
pendent Certified Public Accountant (C.P.A.) which establishes
that GRANTEE'S internal controls are adequate to safeguard its
assets and property record funds. CITY will not release any
funds to GRANTEE prior to the receipt of this letter.
B) CITY reserves the right to audit the records of GRANTEE
at any time during the performance of this Agreement and for a
period of three years after final payment is made under this
Agreement.
C) CITY will audit all GRANTEES receiving $15,000 or more.
D) All GRANTEES receiving $25,000 or more will submit to
CITY's Department of Parks and Recreation an independent audit,
by a certified public accountant, which must include the expres-
sion of an opinion on the financial statements and accounts of
funds. Said audit shall be submitted to CITY's Department Parks
and Recreation no later than 90 days after the termination of
this Agreement or final receipt of CITY funds, whichever is
applicable.
13. INDEMNIFICATION
GRANTEE shall indemnify and save CITY harmless from and
against any and all claims, liabilities, losses, and cause of
action, which may arise out of GRANTEE'S activities under this
Agreement, including all other acts or ommissions to act on the
part of GRANTEE, including any person acting for or on its be-
half, and from and against any orders, judgments or decrees which
may be entered, and from and against any and all costs, attor-
ney's fees, expenses and liabilities incurred in the defense of
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85-lSi
any such claims, or in the investigation thereof.
14. CONFLICT OF INTEREST
GRANTEE is aware of the conflict of interest laws of the
City of Miami (Miami City Code Chapter 2, Article V), Dade Coun-
ty, Florida (Dade County Code Section 2-11.1) and the State of
Florida, and agrees that it will fully comply in all respects
with the terms of said laws.
15. INDEPENDENT CONTRACTOR
GRANTEE and its employees and agents shall be deemed 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 Compensa-
tion benefits as an employee of CITY.
16. DEFAULT PROVISIONS
In the event GRANTEE fails to comply with each and every
term and condition of this Agreement or fails to perform any of
the terms and conditions contained herein, then CITY, at its sole
option, upon written notice to GRANTEE may cancel and terminate
this Agreement, and all payments, advances, or other compensation
paid to GRANTEE by CITY while GRANTEE was in default of the
provisions herein contained, shall be forthwith returned to CITY.
17. NON-DISCRIMINATION
GRANTEE agrees that there shall be no discrimination as to
race, sex, color, creed or national origin in connection with any
opt rations under this Agreement.
18. MINORITY PROCUREMENT COMPLIANCE
GRANTEE acknowleges that it has been furnished a copy of
Ordinance No. 9775, the Minority Procurement Ordinance of the
City of Miami, and agrees to comply with all applicable substan-
tive and procedural provisions therein, including any amendments
thereto.
19. WAIVER
No waiver of any provision hereof shall be deemed to have
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85-151
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been made unless such waiver be in writing signed by the City
Manager. The failure of CITY to insist upon the strict perform-
ance of any of the provisions or conditions of this Agreement
shall not be construed as waiving or relinquishing in the future
any such covenants or conditions but the same shall continue and
remain in full force and effect.
20. CONTINGENCY CLAUSE
Funding for this Agreement is contingent upon the availabil-
ity of funds and continued authorization for program activities
and is subject to amendment or termination due to lack of funds
or authorization, reduction of funds, and/or change in regula-
tions.
21. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS
Both parties shall comply with all applicable laws, ordi-
nances and codes of Federal, State and Local governments.
22. BONDING AND INSURANCE
A) During the term of this Agreement, GRANTEE shall maintain
bonding and insurance coverages in the amounts as determined by --
the Risk Management Division of CITY. CITY shall be named as an
additional insured.
B) GRANTEE shall furnish certificates of insurance and
bonding, as required, to CITY prior to commencing any activities
under this Agreement.
23. ASSURANCES AND CERTIFICATIONS
GRANTEE assures and certifies that:
A) All expenditures of funds will be made in accordance with
-
the proposal and line item budget (both of which are attached
hereto as Exhibits 1 and 2) as approved by the City Commission. ,
B) CITY funds will NOT be co -mingled with any other funds
and that separate bank accounts or charts of accounts and ac-
counting records will be maintained.
C) The expenditures of CITY funds will be properly document-
ed and such documentation will be maintained.
D) Periodic progress reports as requested by CITY will be
provided.
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E) No activity under this Agreement shall involve political
activities.
F) GRANTEE possesses legal authority to enter into this
Agreement; a resolution, motion, or similar action has been duly
adopted or passed as an official act of GRANTEE'S governing body,
authorizing the execution of this Agreement, including all under-
standings and assurances contained herein, and directing and
authorizing the person identified as the official representative
of GRANTEE to act in connection with GRANTEE and to provide such
additional information as may be required.
24. AMENDMENTS
No amendments to this Agreement shall be binding on either
party unless in writing and signed by both parties.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed ih 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:
Ralph Ongie,
City Clerk
ATTEST:
SECRETARY
GUARANTY
CITY OF MIAMI, a
municipal corporation
of the State of Florida
By
Howard V. Gary,
City Manager
GRANTEE
By
PRESIDENT
SEAL
I, in consideration of the City of
Miami's execution of the foregoing Grant Agreement, the under-
signed guarantees the performance of the terms and conditions in
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