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HomeMy WebLinkAboutR-02-0420J-02-415 4/17/02 RESOLUTION NO. 02- 420 A RESOLUTION OF THE MIAMI CITY. COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING, IN SUBSTANTIALLY THE ATTACHED FORM, WITH RACEWORKS, LLC, FOR THE ISSUANCE OF A PERMIT FOR MOTOR SPORTS RACES TO BE HELD IN DOWNTOWN MIAMI IN OCTOBER 2002. WHEREAS, RACEWORKS, LLC has requested a permit, authorized under Section 549.08, Florida Statutes ("Motor Sports Act)," to conduct a racing event in Downtown Miami; and WHEREAS, the City wishes to issue such permit, contingent upon RACEWORKS' compliance with all requirements of the Motor Sports Act and the execution of a Memorandum of Understanding with the City; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. 'CITY APR 1 U 2002 aftsohown M. 02- 420 Section 2. The City Manager is authorized!' to execute a Memorandum of Understanding, in substantially the attached form, with RACEWORKS, LLC, for the issuance of a permit for motor sports races to be held in Downtown Miami in October 2002. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.' PASSED AND ADOPTED this 18th ATTEST: ei-�& PRISCILLA A. THOMPSON, tITY CLERK APPROVED AS TO FORM AND CORRECTNESS: JANDRC--�TILA .lfU�L RELLO CITY ATTORNEY W6303:BSS day of April 2002. M UEL A. DIAZ, MAYOR 1� The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. 21 If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Page 2 of 2 02- 420 MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding ("Memorandum") is entered into as of April , 2002 by and between the City of Miami, a municipal corporation of the State of Florida ("City"), and Raceworks, LLC, a limited liability corporation organized and existing under the laws of the State of Delaware and licensed as a foreign corporation in the State of Florida ("Raceworks"). For the purposes of this Memorandum, the City and Raceworks are collectively referred to as "Parties". The Parties Agree as Follows: A. As of the date hereof, Raceworks has submitted documents to the City requesting a permit ("Permit") authorized under Section 549.08, Florida Statutes ("Motor Sports Act)". Parties understand and agree that the Motor Sports Act permits a municipality to issue a permit to a person to conduct a racing event on a highway or street or in a park within the limits of the municipality. Raceworks understands and agrees that issuance of a Permit by the City will be contingent on Raceworks' compliance with requirements of the Motor Sports Act. B. No later than 3 business days after the execution hereof, upon the City's determination, in its reasonable discretion, that Raceworks is in compliance with the Motor Sports Act, City will issue a Permit to Raceworks for motor sports races to be held in October 2002 ("Event Weekend"). C. The Parties acknowledge, that as a condition of the Motor Sports Act and prior to the issuance of the Permit, Raceworks shall provide the City with evidence of adequate insurance to pay any damages incurred because of loss of or injury to any person or property. Raceworks agrees to provide such evidence of insurance no later than 30 days prior to the Event Weekend. D. It is expressly understood by the Parties that the City has the right to revoke the Permit in the event that: 1) Raceworks is in default in connection with any agreement between Raceworks and the City at the time of such revocation; 2) the City is estopped from granting the Permit or the Permit is invalidated or the City is estopped from having a racing event, as defined in Motor Sports Act, by a Court of competent jurisdiction; 3) the City, in its sole discretion, determines that Raceworks has failed to comply, or is no longer in compliance, with any provision of the Motor Sports Act or the Permit.- . E. In exchange for the City issuing the Permit, Raceworks will provide: 02- 420 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Honorable Mayor and Members of the City Commission RECOMMENDATION: 1 DATE: April 15, 2002 FILE: SUBJECT: Recommendation to Approve Memo of Understanding with Raceworks, LLC for October 2002 Gran Prix Event REFERENCES: ENCLOSURES: It is recommended that the City Commission approve the attached Memo of Understanding (MOU) between the City of Miami and Raceworks, LLC. for a street race to be conducted in downtown Miami during the month of October 2002. BACKGROUND: Since a Race Permit issued under the provisions and requirements of Section 549.08, Florida Statutes to conduct a street race does not cover all the elements of interest to the City of Miami, this MOU has been developed. The purpose of this MOU is to protect the City's interests and the interests of the Bayfront Park Management Trust if a race permit is issued. It will also enable the City Administration to issue a Race Permit with this MOU as an attachment and made a required part thereof for a Race Event in October 2002. CAG/F sg 02- 420 CITY OF MIAMI, FLORIDA NOTICE OF SPECIAL COMMISSION MEETING PLEASE ALL TAKE NOTICE THAT the Miami City Commission has scheduled a Special Commission meeting to be held on Thursday, April 18, 2002, beginning 1:30 p.m., in the City Commission Chambers located at City Hall, 3500 Pan American Drive, Miami, Florida, to discuss the following issue: Discussion regarding the City of Miami's Memorandum of Understanding with Raceworks, LLC. for a race/motorsport event in downtown Miami in October 2002 and a permit related thereto. Legislative action may be taken at this meeting. The April 11 '', 2002 Commission Meeting was continued to also take place on this same date at 1:30 p.m. All interested persons are invited to attend. Any person or persons, wishing to appeal any decision made by the City Commission with respect to any matter considered at this meeting, may require a verbatim record of the proceeding upon which the appeal is based. (City Seal) (# 10479) Priscilla A. Thompson City Clerk 02- 420 1. An instrument ("Instrument"), which may be an irrevocable letter of credit, bond, or other security instrument acceptable to and approved in writing by the City Manager, to secure the costs of restoring all highways or streets, alleys, sidewalks, buildings and parks, as contemplated by the Motor Sports Act. Raceworks agrees to provide such Instrument no later than 30 days before the Event Weekend. 2. Prepayment of the services rendered by the City's Police, Fire, and Solid Waste Departments during the activities contemplated in the Permit. Raceworks agrees to prepay the costs of such services 52 days in advance of the Event Weekend contemplated in the Permit and the Motor Sports Act. 3. Raceworks hereby agrees the improvements made to create the racecourse contemplated by the Permit shall become the property of the City upon inspection and approval of the improvements by the City. E. Raceworks shall indemnify, hold and save harmless, and defend the City, the U.S. Department of Army, Army Corps of Engineers ("Corps")(if Corps property is utilized), and the Bayfront Park Management Trust ("Trust")(if Bayfront Park is utilized), their directors, officers, employees and volunteers from and against any and all claims, demands, liens, judgments, liability, losses or damages, including but not limited to cost, expenses and attorney's fees caused by the actual or claimed negligence (active or passive) or omission of Raceworks, its agents, employees, contractors, or concessionaires, or either of them, either as a sole or contributory cause, for loss of, use of, injury to or destruction of any property and/or bodily or personal or other injuries, including death, at any time resulting therefrom, sustained by any person or persons, including officers and employees of the City, the Corps or the Trust, or in any manner attributable to any and all actions, representations, or performance of the provisions of this Memorandum or the Permit or in connection with having race or racing events. Raceworks shall further indemnify, hold and save harmless, and defend the City, the Corps (if Corps property is utilized), and the Trust (if Bayfront Park is utilized), their directors, officers and employees, from and against any and all claims, liens, liability, losses or damages, including but not limited to cost, expenses and attorneys' fees arising out of the City's statutory obligations pertaining to defective conditions in the Race Course and appurtenances thereto, including obligations under the Florida Statutes relating to dangerous condition of public property. Notwithstanding the foregoing, it is specifically understood and agreed that Raceworks shall not indemnify nor agree to hold free and harmless and defend the City or the Trust (if Bayfront Park is utilized), its officers and employees, or any of them of and from and against any and all claims, demands, liens, judgments, or otherwise, for death of or injury to any person or damage to any property whatsoever that may happen or occur as the sole result of any act or activity of the City or the Trust or any person acting for the City or the Trust or under their separate control or direction in failing to perform any act or duty imposed upon the City by the terms of this Memorandum, or as the sole result of any act or non -action by the City permitted or required pursuant to the terms of this Memorandum. 02- 420 In the event that the City or Trust is a defendant in or party to litigation as a result of this Memorandum or any prior agreement between the City and Raceworks, Raceworks shall indemnify the City and the Trust, their directors, officers, employees and volunteers from and against any and all monetary judgments (including related attorney's fees and costs awards). The City Attorney's Office shall vigorously defend, at ` its own expense, any litigation as a result of this Memorandum or any prior agreement between the City and Raceworks, and the City shall bear its costs of such litigation. Raceworks also agrees not to sue the City, the Corps, or the Trust, their directors, officers, employees and volunteers in the event that a third party sues the City, the Corps, the Trust, their directors, officers, employees and volunteers, for injunctive relief preventing performance of this Memorandum and such injunctive relief is granted. F. Raceworks shall indemnify and save and hold harmless the City and Bayfront Park Management Trust, its officials, officers, employees and the agencies and instrumentalities of the City from and against any and all claims, penalties, fines, forfeitures, judgments and other liabilities, including reasonable attorneys' fees and related litigation costs, fees and expenses and amounts paid in settlement, incurred by Raceworks, or its affiliates, that arise from the revocation of the Permit for the aforementioned reasons. In consideration of the above -referenced recitals, and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Parties hereto agree to be bound by the terms of this Memorandum. (OVER) 02- 420 IN WITNESS WHEREOF, the Parties hereto have executed this Memorandum as of the day and year first above written. ATTEST: C ATTEST: PRISCILLA A. THOMPSON CITY CLERK APPROVED AS TO FORM AND CORRECTNESS ALEJANDRO VILARELLO CITY ATTORNEY RACEWORKS, LLC, CITY OF MIAMI, a Municipal Corporation of the State of Florida CARLOS A. GIMENEZ CITY MANAGER APPROVED AS TO INSURANCE REQUIREMENTS SUE WELLER ACTING RISK MANAGEMENT ADMINISTRATOR 02- 420 (2001), THE CITY OF MIAMI ("CITY") HEREBY ISSUES THIS STREET RACING PERMIT TO ("PERMITEE") FOR THE (NAME OF THE EVENT) ("RACE EVENTS)") TO BE HELD ON THE STREETS AND PARKS OF THE CITY AS MORE SPECIFICALLY IDENTIFIED IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF, BEGINNING AND ENDING THIS PERMIT MAY BE REVOKED BY THE CITY AT ANY TIME PRIOR TO THE RACE EVENT IF PERMITEE FAILS TO COMPLY WITH THE REQUIREMENTS OF THE MEMORANDUM OF UNDERSTANDING, EXECUTED BY PERMITEE AND THE CITY ON , 20�, AND ATTACHED HERETO AND MADE PART HEREOF. Carlos A. Gimenez, City Manager UU PM Z�� r John Jackson, P.E., Director Department of Public Works