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HomeMy WebLinkAbout2009 12 14 Consent 202 Authorize City Manager To Execute Addendum With Scottish American Society Of Central Florida, Inc. COMMISSION AGENDA Consent X Informational ITEM 202 Public Hearing Regular December 14, 2009 ci Regular Meeting M Dept. Authorization REQUEST: The Parks and Recreation Department is requesting the City Commission to authorize the City Manager to execute an addendum to the agreement between the City of Winter Springs and the Scottish American Society of Central Florida, Inc. for the 33 Annual Central Florida Scottish Festival and Highland Games. PURPOSE: The purpose of this item is to obtain City Commission approval to execute an addendum to the agreement for the 33 Annual Central Florida Scottish Festival and Highland Games Ceilidh to allow a ceremonial bonfire and 2 containers to be held at Central Winds Park on January 16, 2010 from 6:00 pm 9:00 pm. CONSIDERATIONS: The City Commission approved the Agreement between the City of Winter Springs and the Scottish American Society of Central Florida, Inc. for the 33 Annual Central Florida Scottish Festival and Highland Games at the October 12, 2009 meeting. The Scottish American Society of Central Florida requested an Addendum to the Agreement to enhance the Saturday night Ceilidh with a ceremonial bonfire to be floated on the retention pond in the back of the Central Winds Park amphitheater and also 2 drum fires. City staff met with Scottish American Society representatives, City Police Staff and Seminole County Fire staff on November 24, 2009 to review and discuss the request. The revised scope of the Special Event is as follows: On Saturday, January 16, between the hours of 6:00 PM and 9:00 PM, Permittee is authorized to include, as part of the Special Event and at its sole expense, a floating ceremonial wood fire in the retention pond located behind the Central Winds Park Amphitheater area, and may set up two (2) stainless steel drum containers no taller than three feet (3') in height which shall contain live fire for visual effect and warmth. Permittee shall coordinate the location, set -up, lighting and operation of the floating wood fire and fire drums with the Seminole County Fire Department and the Winter Springs Police Department to ensure that the fires are properly located, set -up, lit, monitored and extinguished. At least ten (10) days prior to the Special Event, Permittee shall submit to the City a sketch depicting the proposed locations for the set -up and launch of the floating Agenda Item Consent 202 December 14, 2009 Page 2 wood fire and the locations of the fire drums. Said sketch shall be acceptable to the Seminole County Fire Department and shall be modified by Permittee to address any of the Fire Department's concerns related to the health, safety and welfare of the Special Event attendees and the citizens of Winter Springs. FUNDING: No city funding needed. RECOMMENDATIONS: The Parks and Recreation Department is recommending the City Commission to authorize the City Manager to execute the Addendum to the agreement between the City of Winter Springs and the Scottish American Society, Inc. to conduct the 33` Annual Scottish Festival and Highland Games at Central Winds Park on January 16 and 17, 2010. IMPLEMENTATION SCHEDULE: January 16, 2010 Ceilidh from 4:00 pm -9:00 pm; Ceremonial Bonfire and 2 drums 6:00 pm -9:00 pm. ATTACHMENTS: Attachment #1 Addendum to 33` Annual Central Florida Scottish Festival and Highland Games Permit Agreement. COMMISSION ACTION: ATTACHMENT #1 ADDENDUM TO 33` ANNUAL CENTRAL FLORIDA SCOTTISH FESTIVAL AND HIGHLAND GAMES PERMIT AGREEMENT THIS ADDENDUM is made and entered into the last date indicated below, by and between the CITY OF WINTER SPRINGS, a Florida municipal corporation "City"), and THE SCOTTISH AMERICAN SOCIETY OF CENTRAL FLORIDA, INC., a Florida non profit corporation "Permittee RECITALS: WHEREAS, the parties previously entered into that 33` Annual Central Florida Scottish Festival and Highland Games Permit Agreement dated October 26, 2009 "Agreement authorizing the Scottish Festival and Highland Games "Special Event to be held at the Central Winds Park on January 16 and 17, 2010; and WHEREAS, the parties desire to revise Section 3.0 of the Agreement related to the Scope of the Special Event to authorize a floating ceremonial wood fire and two (2) steel fire drums during a limited portion of the Special Event; and WHEREAS, the parties desire to modify the terms and conditions of the Agreement as set forth in this Addendum; and NOW, THEREFORE, in consideration of the mutual promises contained herein, the sufficiency of which is hereby acknowledged, it is agreed by the parties as follows: 1.0 Recitals. The foregoing recitals are true and correct and are hereby incorporated herein by this reference as a material part of this Addendum. 2.0 Revised Scope of Special Event. The City and Permittee hereby agree that Section 3.0 of the Agreement, regarding the Scope of the Event, shall be amended to include the following provision: Ceilidh Ceremonial Wood Fire and Fire Drums. On Saturday, January 16, between the hours of 6:00 PM and 9:00 PM, Permittee is authorized to include, as part of the Special Event and at its sole expense, a floating ceremonial wood fire in the retention pond located behind the Central Winds Park Amphitheater area, and may set up two (2) stainless steel drum containers no taller than three feet (3') in height which shall contain live fire for visual effect and warmth. Permittee shall coordinate the location, set -up, lighting and operation of the floating wood fire and fire drums with the Seminole County Fire Department and the Winter Springs Police Department to ensure that the fires are properly located, set -up, lit, monitored and extinguished. At least ten (10) days prior to the Special Event, Permittee shall submit to the City a sketch depicting the proposed locations for the set -up and launch of the floating wood fire and the locations of the fire drums. Said sketch shall be acceptable to the Seminole County Fire Department and shall be modified by Permittee to address any of the Fire Department's Addendum to Permit Agreement City of Winter Springs The Scottish American Society of Central Florida, Inc. Page 1 of 2 concerns related to the health, safety and welfare of the Special Event attendees and the citizens of Winter Springs. 3.0 All Other Terms and Conditions. All other terms and conditions of the Permit Agreement not expressly modified herein, shall remain in full force and effect and shall be enforceable as provided therein. 4.0 Effective Date. The effective date of this Addendum shall be the last date signed below. IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties hereto have caused this Addendum to be executed on the day and year written below. "PERMITTEE" "CITY" SCOTTISH- AMERICAN SOCIETY OF CITY OF WINTER SPRINGS, FLORIDA CENTRAL FLORIDA, INC. By: By: Woodrow "Chip" Crawford, President Kevin L. Smith, City Manager Date: Date: Addendum to Permit Agreement City of Winter Springs The Scottish American Society of Central Florida, Inc. Page 2 of 2 ADDENDUM TO 33r ANNUAL CENTRAL FLORIDA SCOTTISH FESTIVAL AND HIGHLAND GAMES PERMIT AGREEMENT THIS ADDENDUM is made and entered into the last date indicated below, by and between the CITY OF WINTER SPRINGS, a Florida municipal corporation ( "City "), and THE SCOTTISH - AMERICAN SOCIETY OF CENTRAL FLORIDA, INC., a Florida non - profit corporation ( "Permittee "). RECITALS: WHEREAS, the parties previously entered into that 33 Annual Central Florida Scottish Festival and Highland Games Permit Agreement dated October 26, 2009 ( "Agreement ") authorizing the Scottish Festival and Highland Games ( "Special Event ") to be held at the Central Winds Park on January 16 and 17, 2010; and WHEREAS, the parties desire to revise Section 3.0 of the Agreement related to the Scope of the Special Event to authorize a floating ceremonial wood fire and two (2) steel fire drums during a limited portion of the Special Event; and WHEREAS, the parties desire to modify the terms and conditions of the Agreement as set forth in this Addendum; and NOW, THEREFORE, in consideration of the mutual promises contained herein, the sufficiency of which is hereby acknowledged, it is agreed by the parties as follows: 1.0 Recitals. The foregoing recitals are true and correct and are hereby incorporated herein by this reference as a material part of this Addendum. 2.0 Revised Scope of Special Event. The City and Permittee hereby agree that Section 3.0 of the Agreement, regarding the Scope of the Event, shall be amended to include the following provision: Ceilidh Ceremonial Wood Fire and Fire Drums. On Saturday, January 16, between the hours of 6:00 PM and 9:00 PM, Permittee is authorized to include, as part of the Special Event and at its sole expense, a floating ceremonial wood fire in the retention pond located behind the Central Winds Park Amphitheater area, and may set up two (2) stainless steel drum containers no taller than three feet (3') in height which shall contain live fire for visual effect and warmth. Permittee shall coordinate the location, set -up, lighting and operation of the floating wood fire and fire drums with the Seminole County Fire Department and the Winter Springs Police Department to ensure that the fires are properly located, set -up, lit, monitored and extinguished. At least ten (10) days prior to the Special Event, Permittee shall submit to the City a sketch depicting the proposed locations for the set -up and launch of the floating wood fire and the locations of the fire drums. Said sketch shall be acceptable to the Seminole County Fire Department and shall be modified by Permittee to address any of the Fire Department's Addendum to Permit Agreement City of Winter Springs / The Scottish - American Society of Central Florida, Inc. Page 1 of 2 concerns related to the health, safety and welfare of the Special Event attendees and the citizens of Winter Springs. 3.0 All Other Terms and Conditions. All other terms and conditions of the Permit Agreement not expressly modified herein, shall remain in full force and effect and shall be enforceable as provided therein. 4.0 Effective Date. The effective date of this Addendum shall be the last date signed below. IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties hereto have caused this Addendum to be executed on the day and year written below. "PERMITTEE" "CITY" SCOTTISH - AMERICAN SOCIETY OF CITY OF WINTER SPRINGS, FLORIDA CENTRAL FLORIDA, INC. °Ir /0., By: ice_ y: .a. Woodrow " hiprawf 1, d, President (Jr Kevin Smith, Cit Manager Date: / ` -S ( 9 0/ © Date: i X / / 'iw 9 APPrwm -ei bv 1 aJ'y /°y Addendum to Permit Agreement City of Winter Springs / The Scottish - American Society of Central Florida, Inc. Page 2 of 2