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2004-25450 ResoRESOLUTION NO. 2004-254~50 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, IN CONNECTION WITH THE FINDING AND DECLARATION OF THE EXISTENCE OF AN' EMERGENCY FOR PARKING, APPROVING AND ALLOWING THE POLICE ATHLETIC LEAGUE (PAL), A NOT-FOR-PROFIT ENTITY, TO UTILIZE THE PUBLIC SWALE AREA, LOCATED AT DADE BOULEVARD AND PRARIE AVENUE, ADJACENT TO MIAMI BEACH SENIOR HIGH SCHOOL, FOR A FUND RAISING EVENT TO OPERATE A FOOD CONCESSION STAND, FROM FEBRUARY 12-17, 2004, DURING THE MIAMI INTERNATIONAL BOAT SHOW; FURTHER PROVIDING THAT THE DADE BOULEVARD SWALE BE UTILIZED BY PAL SUBJECT TO THE FOLLOWING CONDITIONS: (1) THAT 100% OF THE PROFITS GENERATED FROM THIS FUNDRAISER BE RETURNED TO PAL FOR ITS EXCLUSIVE USE; (2) THAT THE SUBJECT PERMISSION IS GRANTED WITHOUT ESTABLISHING PRECEDENT SO AS TO SATISFY THIS UNIQUE EMERGENCY SITUATION; AND (3) THAT PAL PROVIDE A CERTIFICATE OF INSURANCE OR OTHER PROOF OF INSURANCE TO THE CITY. WHEREAS, the Administration has received a request from the Miami Beach Police Athletic League (PAL), a not-for-profit entity, for permission to utilize the Dade Boulevard swale adjacent to Miami Beach Senior High to place and operate a food concession stand during the Miami International Boat Show, from February 12-17, 2004 in conjunction with the Miami Beach Senior High School Parent Teacher Association (MBSH-PTA) operation of parking on the swale; and WHEREAS, the Administration recommends approval of PAL's request subject to and contingent upon the following conditions: 1. that 100% of the profits generated from this fundraiser be returned to pal for its exclusive use; 2. that the subject permission is granted without establishing precedent so as to satisfy this unique emergency situation; and 3. that pal provide a certificate of insurance or other proof of insurance to the city; and WHEREAS, it is recommended that the Mayor and City Commission adopt this Resolution and permit PAL to utilize the Swale, and PAL and will be able to raise much needed funds for their operations through the operations of a food concession stand. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission herein approve and allow the Police Athletic League (PAL), a not-for-profit entity, to utilize the public swale area, located at Dade Boulevard and Prarie Avenue, adjacent to Miami-Beach High School, for a fund raising event to operate a food concession stand, from February 12 - 17, 2004, during the Miami International Boat Show; further providing that the Dade Boulevard swale be utilized exclusively by PAL subject to the conditions, set forth in this Resolution. PASSED and ADOPTED this 14t~ da~ ATTEST: CITY CLERK MAYOR JMG\CMC\rar T:~AGENDA~2004~Ian 1404~Consen~PAL BoatShow&Parking 2004.res.doc APPROVED ~ FORM & LANGUAGE & FOR EXECUTION City Al~e~-- Date CITY OF. MIAMI BEACH COMMISSION ITEM SUMMARY Condensed Title: IA Resolution to allow the Miami Beach Police Athletic League (PAL) to operate a food concession stand on the Dade Boulevard swale, as a fund raising event, during the Miami International Boat Show. Issue: IShould the PAL be permitted to operate a food concession stand during the Miami Intemational Boat Show? Item Summary/Recommendation: The PAL is requesting permission to operate a food concession stand during the Miami International Boat Show, February 12-17, 2004. The PAL will operate with the condition that all profits generated by this fund- raising event will go to PAL. PAL will provide a certificate of insurance or proof of insurance to the City. The food concession stand will operate in conjunction with the Miami Beach Senior High School Parent Teacher Association. The Administration recommends approval of this resolution. Advisory Board Recommendation: N/A Financial Information: Amount to be expended: Source of ~ Funds: ~ Finance Dept. ~ T:~,GENDA~004~Jan1404\Consent~PAL BoatShow&Parking 2004.surn.doc / AGENDA ITEM DATE CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 COMMISSION MEMORANDUM To: From: Subject: Mayor David Dermer and Members of the City Commission Jorge M. Gonzalez~(-~'~n~ City Manager Date: January 14, 2004 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, IN CONNECTION WITH THE FINDING AND DECLARATION OF THE EXISTENCE OF AN EMERGENCY FOR PARKING, APPROVING AND ALLOWING THE POLICE ATHLETIC LEAGUE (PAL), A NOT-FOR-PROFIT ENTITY, TO UTILIZE THE PUBLIC SWALE AREA, LOCATED AT DADE BOULEVARD AND PRARIE AVENUE, ADJACENT TO MIAMI BEACH SENIOR HIGH SCHOOL, FOR A FUND RAISING EVENT TO OPERATE A FOOD CONCESSION STAND, FROM FEBRUARY 12-17, 2004, DURING THE MIAMI INTERNATIONAL BOAT SHOW; FURTHER PROVIDING THAT THE DADE BOULEVARD SWALE BE UTILIZED BY PAL SUBJECT TO THE FOLLOWING CONDITIONS: (1) THAT 100% OF THE PROFITS GENERATED FROM THIS FUNDRAISER BE RETURNED TO PAL FOR ITS EXCLUSIVE USE; (2) THAT THE SUBJECT PERMISSION IS GRANTED WITHOUT ESTABLISHING PRECEDENT SO AS TO SATISFY THIS UNIQUE EMERGENCY SITUATION; AND (3) THAT PAL PROVIDE A CERTIFICATE OF INSURANCE OR OTHER PROOF OF INSURANCE TO THE CITY. ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS As in prior years, the Miami Beach Police Athletic League (PAL) has requested permission to use the Dade Boulevard swale adjacent to Miami Beach High to place and operate a food concession from February 12-17, 2004 in conjunction with the Miami Beach Senior High School Parent Teacher Association (MBSH-PTA) operation of parking on the swale. The Miami International Boat Show, like other Special Events, increases the parking problems that occur in the City. While an accompanying item on this agenda will allow the MBSH-PTA to operate parking for this event on the swale and would ease the parking and create less of an inconvenience for those citizens who live in the area, the MBSH-PTA is in accord with the PAL's proposed food concession operation. January 14, 2004 Commission Memorandum PAL Boat Show Concession Stand Page 2 of 2 In addition, the Police Athletic League will: 1. Restore the property in the same condition as it was before the use. 2. Obtain a General Liability Certificate of Insurance naming the City as an additional named insured. 3. PAL requests authorization to operate a food concession stand on the Dade Boulevard Swale from February 12-17, 2004. It is recommended that the Mayor and City Commission adopt this Resolution and permit PAL to utilize the swale to raise much needed funds for their operations. J MG/CMC/rar T:~GENDA~2004~Jan~404\Consent',PAL BoatShow&Parking 2004.rnem.doc