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RESOLUTION 91-20282 RESOLUTION NO. 91-20282 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN SCANGROUP PARTNERS, INC. AND THE CITY OF MIAMI BEACH TO LIMIT THE HOURS OF OPERATION OF THE BUNGY JUMP ACTIVITY ON MIAMI BEACH NORTHEAST OF PENROD'S BEACH CLUB ON OCEAN DRIVE. WHEREAS, pursuant to an Indemnity Agreement executed by Scangroup on March 20, 1991 and pursuant to Department of Natural Resources Permit DA-175, and Department of Agriculture and Consumer Services Authorization No. 1001, Scangroup was permitted to operate an activity called the Bungy Jump on Miami Beach northeast of Penrod' s Beach Club on Ocean Drive from March 20, 1991 through May 1, 1991; and WHEREAS, there have been complaints by nearby residents as to the level of noise caused by the operation of the crane used in the Bungy Jump activity; and WHEREAS, the parties wish to limit the hours of operation of said activity so as to minimize the time the crane causing the noise is operating. WHEREAS, the City Manager has recommended this Agreement and the City Attorney has approved as to form. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and the City Clerk would be and that they are hereby and directed to execute said Agreement in the name of and on behalf of the City of Miami Beach, Florida. PASSED and ADOPTED this 24th day of Aril , 1991. /71 adri / J. O 7Y0R ATTEST: ICidkik ask (- r-6,\AA---- FORM APPROVED CITY CLERK LEGAL DEPT. LF/MAL/j cl (a:\lBungy.Res.) Date5///27 5• Except as modified bythe • terms of this Agreement, all terms and conditions of the Indemnity Agreement 20, 19 91, the Department of Naturalg executed on March the Department Resources Permit DA-175, and p nt of Agriculture and Consumer Services Authorization No. 1001 are hereby ratified and confirmed. 6• The Terms of this Agreement • g nt shall be effective from April 23, 1991 through May 1, 1991, and notwithstandingp Agreement any other term and condition in the Indemnity or permits issued by the Scangroup shall cease all Bungy Jumpactivities at 7: 30 P.M. on May 1, 1991, and the requirements shall remove the crane pursuant to s o f the Department of Natural Resources. 7. In the event Scangroup ' additional permits g p files an application for for further operation of the Bungy • on Miami Beach, the Administrationagrees Jump activity to assist Scangroup to use its best efforts g p in securing the additional needed • a different location, said permits and location shall not in anyevent undue noise upon surrounding impose shall be const properties. Nothing in this paragraph rued as a warrant the part of the cit Y, representation or guarantee on permits Y that Scangroup will in fact be issued p from the City or the State of any Florida. IN WITNESS WHEREOF, the undersigned have hereunder set their this day o f , 1991. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: SCANGROUP PARTNERS, INC. CITY OF MIAMI BEACH PRESIDENT MAYOR ATTEST: ATTEST: SECRETARY CITY CLERK (Corporate Seal) (Corporate Seal) (a:\Bungy.Agr.) FORM APPROVED LEGAL DEPT. 6 Date 2 4 �j AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND ,y SCANGROUP PARTNERS, INC. This Agreement made and entered into this day of , 1991 by and between the CITY OF MIAMI BEACH Florida municipal corporation (hereinafter "CITY") , a referred to as and SCANGROUP PARTNERS, INC. , a corporation existing of Florida (hereinafter „ g under the laws referred to as "SCANGROUP") . WITNESSETH WHEREAS, pursuant to an Indemnity Agreement Scangroup on March 20, 1991g executed by �� attached hereto and incorporated herein �� as attachment "A", and pursuant to Department of Natural Permit DA-175 and Departmentp Resources of Agriculture and Consumer Services Authorization No. 1001, Scangroup waspermitted to operate an called the Bungy Jump on Miami Beach northeast of Penrod's Beach Club on Ocean Drive from March 20, 1991 through May • and g 1, 1991, WHEREAS, there have been complaints by nearbyresidents the level of noise caused by ress as to the operation of the crane used in the Bungy Jump activity; and WHEREAS, the parties wish to limit the hours of operation p n of said activity so as to minimize the time the crane causing the noise is operating. NOW, THEREFORE, the City and Scangroup, in consideration of the mutual covenants and agreements herein contained and other good and valuable consideration the receipt and sufficiencywhich of which is hereby acknowledged, agree as follows: 1. The crane currently utilized in the operation of the Bungy Jump will operate forP P no more than three (3) consecutive hours, if possible, Monday through Friday. Said operation Y will commence no earlier than 2: 00 p.m. and will end no later than 7: 30 2 . The crane currently utilized in the operation of the Bungy Jump will operate forP P no more than five (5) consecutive hours, if possible, on Saturday and Sunday. Said operation y Aeration will commence no earlier than 1:00 p.m. and will end no later than 7: 30 p.m. 3 . It is the intent of the parties that the hours of operation be consecutive thus thearties have allotted spans o f 5% hoursP for the time z and 6 z hours, respectively, for the express purpose of allowing for the possible delays that maybe caused operation. by inclement weather during 4 . Any breach of the terms of this Agreement will result in the immediate termination and revocation of anyand all permits relative to the Bungy Jump activity on Miami Beach. 5. Except as modified by the terms of this Agreement, all terms and conditions of the Indemnity 20, 1991, the Department Agreement executed on March of Natural Resources Permit DA-175, the Department of Agriculture and Co and Consumer Services Authorization No. 1001 are hereby ratified and confirmed. d. 6. The Terms of this Agreement shall effectivebe • 23 , 1991 through May from April g 1, 19 91, and notwithstanding any other term and condition in the Indemnity Agreement State of Florida, Sc g or permits issued by the angroup shall cease all Bungy Jump activities at 7: 30 P.M, on May 1, 1991, and shall the requirementsremove the crane pursuant to o f the Department of Natural Resources. 7. In the event Scangroupfiles an • additionalpermits application for for further operation of the BungyJumpactivity on Miami Beach, the Administration agrees to use its best efforts to assist Scan group oup ;in securing the additional needed permits and a different location, said location shall not in any event impose undue noise upon surrounding properties. Nothing thing in this paragraph shall be construed as a warranty, representation orarantee rod � on the part of the City that Scan g p will in fact be issued any permits from the City or the State of Florida. IN WITNESS WHEREOF, the undersigned have hereunder • g set their hands and seals this day of 1991. SIGNED, SEALED AND DELIVERED IN THE PRESENCE : OF. SCANGROUP PARTNERS, INC. CITY OF MIAMI BEACH PRESIDENT MAYOR ATTEST: ATTEST: SECRETARY CITY CLERK (Corporate Seal) Co ( rporate Seal) (a:\Bungy.Agr.) FORM APPROVED LEGAL DEPT. Date 2 ORIGINAL RESOLUTION NO. 91-20282 Authorizing execution of an agreement between Scangroup Partners, Inc. and the City of Miami Beach to limit the hours of operation of the Bungy Jump activity on Miami Beach northeast of Penrod's Beach Club on Ocean Drive.