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.