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HomeMy WebLinkAboutReso 2004-637 RESOLUTION NO. 2004- ~"3 '1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN EXPENDITURE OF UP TO $7,500.00 FOR THE HOLOCAUST SURVIVOR PROGRAM; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach recognize and honor those residents known as "Survivors of the Holocaust" who have distinguished themselves as patriotic Americans and reside in Sunny Isles Beach, Florida; and WHEREAS, as "Survivors of the Holocaust" during the Nazi era 1933-1945, these American citizens, residents of Sunny Isles Beach, have related their personal stories of anguish, despair and tragedies of the "inhumanity to man" to past and the present generation, so that "mankind will never forget"; and WHEREAS, the City of Sunny Isles Beach wishes to authorize up to Seven Thousand Five Hundred Dollars ($7,500.00) for the Sunny Isles Beach Holocaust Survivor Program. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate the terms of this Resolution, including the expenditure of up to $7,500.00 for the Holocaust Survivor Program. Section 2. Effective Date. This Resolution shall become effective upon passage. PASSED AND ADOPTED this 19th day of February, 2004. . . '. . (-". " . ,. , ' ~ \ '~: < ,:.",,,, " 'A'J'TEST: /~. " ~;A~ . '~f" JaneA. Hjnes, Qi.tY Clerk Page 1 of2 R20Q4- $7,500 Holocaust Survivor Program APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Moved by: L1~l s: 5:.\ btUW- '~L~~I ~~ Seconded by: C1hvw\ l <;:. \' \,0 I\) <1X;? t"R ~ Z I A) Vote: 6-0 Mayor Ede1cup Vice Mayor Goodman Commissioner Brezin Commissioner Iglesias Commissioner Thaler ~(Yes) (Yes) ~(Y es) ~Yes) _(Yes) _(No) _(No) _(No) _(No) _(No) Page 2of2 R20Q4- $7,500 Holocaust Survivor Program , CITY OF SUNNY ISLES BEACH NON-EXCLUSIVE SPACE USAGE AND CATERING AGREEMENT . . ..",~ ,;-,~. 'lO"'O?' ~.." r:-",. ,....9 O'IU" I . ~ . This License Agreement (hereinafter the "Agreement") is made this ~ day of F.t2..b. 2004 by and between Temple B'nai Zion (Temple) (hereinafter the "Licensor") and the City of Sunny Isles Beach (hereinafter the "Licensee"). Licensor hereby licenses to Licensee, on a non-exclusive basis, the use of Temple's facilities (hereinafter the "Premises") located in the City of Sunny Isles Beach, County of Miami-Dade, State of Florida, more particularly described as follows: A./l.r The Social Hall ~itf:kn. Restrooms. Parking Lot and Lawn in front of the Hall. 1. TERM. The Licensor licenses the use of the Premises to Licensee for the following date and time: March 28th. 2004 at 1 :30 pm. 2. USAGE FEES. Licensee agrees to pay Licensor a fee of $1.000.00 for use of the Premises for the time period described in paragraph one (1). Licensee's use of the Premises shall not constitute a tenancy of any kind, and this Agreement is not a lease. 3. USE OF PREMISES. a. Licensor covenants that it is the owner of the Premises located in Miami-Dade County, Florida, and that said Premises are in good repair and suitable for Licensee's purposes described herein. b. During the term of this Agreement, the Licensee shall have the non-exclusive use of the Premises for the fullowing purpose(s): Honoring Holocaust Survivors of Sunny Isles Beach c. Licensee agrees to restrict its use to such purposes, and not to use, or permit the use of, the Premises for any other purpose without ftrst obtaining the consent of the Licensor. d. The licensee covenants and agrees: (i.) Condition of Premises. To quit and surrender said Premises and all equipment therein to Licensor at the end of said term in the same condition as the date of the commencement of this agreement, ordinary use and wear thereof only expected. (ii.) Indemnification of the Licensor. To the extent permitted by law and to the extent that the Licensee is insured under its liability insurance coverage, the Licensee agrees to hold the Licensor harmless from and to indemnify it against any claim or liability for any use arising in connection with the use of the Premises by Licensee, its agents, servants, invitees, and employees. Page 1 of 3 SIB (iii.) Catering Service. The Licensor shall provide Catering Service to Licensee for 300 guests. The Licensee agrees to pay a fee of $4.00 per person. Catering Service shall include coffee, tea, and darushes. The Licensee shall pay Licensor a $500.00 deposit upon the execution of this contract. (iv.) Improvements. To make only those alterations, additions, or improvements, in, to, or about the Premises which have been approved in advance and in writing by Licensor. (v.) Damage to Premises. (a.) To assume responsibility for repairing damage to the premises caused by persons admitted on the premises by the Licensee (b.) to not injure, nor mar, nor in any manner deface said premises or any equipment contained therein, and to not cause or permit anything to be done whereby the said premises or equipment therein shall be in any manner injured, marred, or defaced; and to not drive or permit to be driven nails, hooks, tack or screw into any part of said building or equipment contained therein and to not make nor allow to be made any alterations of any kind to said building or equipment contained therein; (c.) that if said premises or any portion of said building shall be damaged by the act, default or negligence of Licensee, or the Licensee's agents, employees, patrons and guests admitted to said premises, Licensee shall cause the premises and/or equipment to be returned to their condition as existed upon the execution hereof. The Licensee hereby assumes responsibility for the character, acts and conduct of all persons admitted to said premises or to any portion of said building by the consent of the said Licensee. Licensor acknowledges that it is delivering the Premises to the Licensee "as is". As such, Licensee shall not be responsible to repair pre- existing conditions on the Premises that exist prior to delivery of Premises to Licensee. The Licensee agrees not to cause further injury or damage to Premises. (vi.) Seating Capacity. To not admit a larger number of persons on the Premises than the seating capacity thereof will accommodate. (vii.) Discrimination. To not discriminate in its membership methods of conducting business with respect to religion, race, color, age, handicap, sex, marital status, national origin or veteran status. 4~~f. P~RKING. Licen.:or shall provide adequate parking spa.ces to the Licensee for the term of this Agreement..... ,<;. at:. '-tf frJ {ZyJ Nt) {ht/'e. ~ J 1> (.h'f { . 5. ASSIGNMENT AND SUBLICENSING. Licensee shall not assign this Agreement or sublicense any portion of the Premises. However, Licensee is permitted to bring amusement activities on the Premises with the written consent of the Licensor. 6. ENTRY AND INSPECTION. Licensee's use of the Premises is non-exclusive, and Licensor may enter at any time and for any purpose while Licensee is utilizing the Premises or at any other time. SlB Page 2 of3 7. NUISANCE. Licensee shall not use the Premise for any unlawful purpose or in any way, which will constitute a nuisance as prescribed by Florida law or interfere with Licensor's use of the Premises. 8. INDEPENDENCE OF LICENSEE. It is expressly understood and agreed by and between the parties hereto that Licensee is not owned, operated, sponsored, affiliated, or otherwise under the direction or control of Licensor. Licensor has no authority or control over any aspect of Licensee's operations, except as provided in the Agreement. Licensee is an entity entirely independent of Licensor related only by the independent contractual terms of this Agreement. 9. GOVERNING LAW AND VENUE. Agreement shall be governed by the laws of the State of Florida and venue for the enforcement of this agreement shall be in Miami-Dade County, Florida. 10. SEVERABILITY AND ENFORCEABILITY. The terms of this Agreement are severable, and in the event that any specific term herein is determined to be unenforceable the remainder of the Agreement shall remain in full force and effect. 11. ENTIRE AGREEMENT. The foregoing constitutes the entire Agreement between the parties and may be modified only by a writing signed by both parties. 12. TERMINATION. This agreement may be canceled unilaterally by either party with thirty (30) days written notice. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written. WITNESSES: ~"~~~L "'~'(L~ \' CI~S~H BY:, ~ Christoph J. Russo, City Manager Page 3 of3 APPROVED AS TO FORM AND LEG~Sn7'~I~I~F!1 BY,"' sLII:' /1=fI t\ ~~~nnheiss~r, City Attorney City of Sunny Isles Beach 17070 Collins A venue, Suite 250 Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 SIB ~emple SInai Zion y 200-118th Street Sunny ISles Beach, Fl33160 30S~932.21S9 January 5th, 2004 Contract for Caterine Date - March 28th, 2004 Time - 1:30 pm Client or Group - The City of Sunny Isles Beach Contact Person -Richard Schulman Telephone # - 305~947-0606 Fax# - 305-949-3113 Number of Guests - about 300 Function - Honoring Holocaust swvivors of Sunny Isles Beach Place - Temple B'nai Zion Social Hall Specification of Service and Menu Waitress Service: Refreshments to include - Coffee and Tea Danishes Price: $4.00 per person. Deposit Required - $500.00 upon execution of contract All other charges must be paid in full by date of affair. \, (.""~4~'''\ ""' ':".":'.: ,. ."~':"'.\. . Clients Signature SIB ~ 1 ~empJe BllIai ZioD y 200-178th Street Sun~ Isles Beach. Fl 33160 305-932-2159 Rental A!reement Date: Januarv 5th. 2004 Attention: Mr. Richard Schulman City of Sunny lsles Beach Address: 17070 Collins Ave. Suite 250 Sunny Isles Beach. Fl33160 Telephone: 305-947-0606 Fax: 305-949-9~3113 Tenant: City ofSunnv Isles Beach Date afRent: Sunday. March 28th. 2004 Hours: 1 :30 PM Use of - Synagogue - yes Auditorium - yes Small Chapel- Total Charges: $1000.00 Other Comments: Attached See Catering Contract For City of Sunny Isles Beach '. ..., .. ~ ... . "":".. "',. S\B