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HomeMy WebLinkAboutR-83-0074J-83-92 rr RESOLUTION NO. 837 —74 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, SUBSTANTIALLY IN THE FORM ATTACHED, WITH DADE HERITAGE TRUST, INC. FOR THE USE OF THE COCONUT GROVE EXHIBITION CENTER FOR PRESENTATION OF AN ANNUAL ANTIQUE SHOW DURING THE MONTH OF JANUARY FOR THE YEARS 1983-1987, INCLUSIVE, IN ACCORDANCE WITH THE TERMS AND CONDITIONS CONTAINED IN SAID AGREEMENT. WHEREAS, the City is the owner of a facility known as the Coconut Grove Exhibition Center; and WHEREAS, the Dade Heritage Trust, Inc. is desirous of utilizing said facility for its Annual Antique Show; and WHEREAS, the City and said firm are mutually desirous of perpetuating the presentation of the successful Annual Antique Show at the Coconut Grove Exhibition Center during the month of January for the years 1983-1987, inclusive; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to execute an agreement, in substantially the form attached, with Dade Heritage Trust, Inc. for the use of the Coconut Grove Exhibition Center for presentation of an Annual Antique Show during the month of January for the years 1983-1987, inclusive, in accordance with the terms and conditions contained in said agreement. PASSED AND ADOPTED this filth day of February, 1983. Maurice A. Ferre MAURICE A. FERRE M A Y O R AT ST: LPH ONGIE, CITY CLER CITY COMMISSION MEETING OF F 8 10 1983 R�[SO�•LQ�UT�ION NO....$,y ". RFwaft ....................... �... LN PREPARED AND APPROVED BY: ROBERT F. CLARK~- DEPUTY CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: IUOSE R. GARCIA-PED CITY ATTORNEY -2- 83-74. AGREEMENT FOR THE USE OF THE COCONUT GROVE EXHIBITION CENTER A MUNICIPAL FACILITY THIS AGREEMENT made and entered into this +_day of , 198 , by and between the City of Miami, a municipal corporation of the State of Florida, hereinafter referred to as the "CITY" and Dade Heritage Trust, Incorporated, a Florida corporation, hereinafter referred to as the "USER". W I T N E S S E T H: WHEREAS, the CITY is the owner of a facility known as Coconut Grove Exhibition Center; and WHEREAS, the parties are desirous of entering into an agreement providing certain terms for the use of the aforesaid facilities by the USER for its annual Benefit Antique Show. NOW, THEREFORE, for and in consideration of the mutual covenants hereinafter contained, the parties hereto do hereby agree as follows: 1. The CITY does hereby grant unto the USER the privilege of entry upon or into the municipal facility of the City of Miami known as Coconut Grove Exhibition Center, here- inafter referred to as "Building", located at 3360 Pan American Drive, Miami, Florida, under the terms and for the purposes and periods of time hereinafter set forth. 2. The said facility shall be entered upon or into for the purpose of conducting therein the annual Dade Heritage Trust, Inc. Benefit Antique Show, hereinafter referred to as "Antique Show", and for no other purpose. 3. The periods of said use shall be for a term of five (5) years, on the specific dates as set forth in Schedule "A" attached hereto. If the USER fails to present any one of the annual Antique Shows covered by this Agreement for two (2) years, as scheduled, then the CITY reserves the right to immediately terminate the USER's right to present Antique Shows again under the terms of this Agreement. If, however, the reason for the USER failure to present any one of the Antique Shows is because 83--74. 0 he is moving it to another facility in the South Florida area, then the CITY may, immediately upon first notification of cancellation of the Antique Show, terminate this Agreement. 4. The CITY shall be identified as "The City of Miami" or "Miami" in all press releases, and other promotional materials prepared by the USER and/or his staff. This identification shall be included in all of the above material. 5. USER thereby agrees to pay the CITY for the use of said facility in an amount in accordance with whatever standard rate schedule for use thereof may be adopted by the CITY periodically during the term of the Agreement provided, however, that rate shall be determined and agreed to at least 12 months prior to the show date. It is understood and agreed by the parties hereto that the rates for the USER shall be computed in the same manner as rates for all other USERS of said facility presenting events of the same or similar type during the period for which any particular rate schedule is adopted. The USER will annually pay twenty (20) percent of the basic use fee by October 23rd of the year preceding the Antique Show and the remaining thirty (30) percent of a minimum fifty (50) percent of the basic use fee no later than December 15th of the year preceding the Antique Show. Payment of the remaining fifty (50) percent of the basic use fee shall be paid no later than opening day of the Antique Show in cash or by cashier's check from a domestic bank. The CITY will invoice the USER for the above amounts thirty (30) days in advance. 6. In addition to the standard rate for use of the facility, USER agrees to pay the CITY, such sum or sums as may be due to said CITY for additional services, accommodations, or materials furnished to said USER, as may be agreed by the parties, within 15 days of being invoiced by the CITY. 7. USER shall indemnify and save harmless CITY its agents, officials and employees against and from all liabilities, obligations, damages, penalties, claims, costs, charges, and expenses, including reasonable architects and attorneys' fees, -2- 83-74. which may be imposed upon or incurred by or asserted against CITY (its agents, officials and employees) by reason of any of the following occurrences during the term of this Agreement: (a) Any work or thing done in, on or about the demised premises or any part thereof by USER or any party other than CITY; (b) Any use, nonuse, possession, occupation, condition, operation, maintenance, or management of the demised premises or any part thereof of any alley, sidewalk, curb, passageway, or space adjacent thereto; (c) Any negligence on the part of USER or any of its agents, contractors, servants, employees, subtenants, licenses or invitees; (d) Any accident, injury, or damage to any person or property occurring in, on or about the demised premises or any part thereof, or any alley, sidewalk, curb, passageway, or space adjacent thereto; or (e) Any failure on the part of USER to perform or comply with any of the covenants, agreements, terms, pro- visions, conditions, or limitations contained in this lease on its part to be performed or complied with. In case of any action or proceeding is brought against CITY (its agents, officials and employees) by reason of any such claim, USER upon written notice from CITY shall at USER's expense resist or defend such action or proceeding by counsel approved by CITY (its agents, officials and employees) in writing. 8. On the day of commencement of any of the Antique Shows referred to by Schedule "A" hereto, USER shall provide to the CITY, when invoiced 30 days prior in either cash or a cashier's check, a damage deposit in the amount of Two Thousand Dollars ($2,000). Subsequent to presentation of each Antique Show, this amount shall be returned by the CITY to the USER, less deductions withheld by the CITY to reimburse it for damages caused by USER or his exhibition to the premises of the Coconut Grove Exhibition Center. All such claims for damage shall be made at the time of -3- 83-74. final movement and is subject to documentation and physical inspection by the CITY and the USER. If such damage does occur a statement for repair must be submitted to the USER within ten (10) days of move -out. This statement must be supported by a written estimate for repair. Any remaining funds of the deposit will be returned at this time. 9. The CITY reserves the right to enter upon the premises at any time during the period of use that it may, in its sole discretion, deem necessary upon the presentation of proper identification to USER or his security personnel. 10. The CITY reserves the right to remove from the premises all USER effects remaining in or on the grounds of the facility after the end of the contract period for each exposition, at the expense of the USER, or to charge storage at the same rate established for use of the facility, for each day or part of the day that said effects remain in or on the grounds of the facility after the end of the period of each particular use. For purposes of this provision, "dismantle time" shall be considered to be part of the term of the use. 11. USER agrees to provide on a yearly basis no later than March 15th, a diagram of the proposed event layout to the Office of Fire Prevention, 275 Northwest Second Avenue, Miami, Florida 33128, and obtain the permits required by Section 17-326 of the Code of the City of Miami, relative to fire safety. 12. The USER hereby acknowledges that he has read the "Rules and Regulations" for Use of City of Miami Municipal Facilities attached hereto, that the provisions hereof are fully understood, and that by execution of this Agreement USER cer- tifies that he will abide by each and every rule and regulation set forth particularly in this Agreement. it is further under- stood and agreed that if the aforesaid rules and regulations are in any way changed or amended during the term of this Agreement, USER shall be subject to the term and conditions of any such -4- 83-74 changes or amendments. In the event that any such rule or regulation is in conflict with any provision of this Agreement, the provisions set forth in this Agreement shall apply. 13. USER agrees that he shall not under any circumstances permit anything (fence posts, nails, etc.) to be driven into the parking lot surface, patio surface, planters, auditorium floor, or any other surface of the Coconut Grove Exhibition Center premises owned by the City of Miami without the express written permission of the Exhibition Center Manager. 14. USER also agrees to provide a diagram of each proposed entire Antique Show layout annually for Exhibition Center Manager's approval prior to either distributing the layout for public consumption or selling any of the exhibit space. Such approval shall not be unreasonably withheld. 15. USER understands that the exclusive privilege for sale of food and beverage on the Coconut Grove Exhibition Center premises has been granted by the CITY to a concessionaire. USER, therefore, shall not be permitted to sell or permit the sale of any food and/or beverage in connection with his Antique Show without written concessionaire approval and notification to the CITY. 16. USER hereby agrees to provide public liability in— surance with minimum limits of $100,000.00/$300,000.00, bodily injury and $10,000 property damage. USER agrees that the CITY may raise the Insurance minimum at its sole option when it deems it is necessary. USER shall have the option of using one of the following described methods to provide such coverage. (a) Provide the CITY with a certificate of insurance from USER's then current policy and a copy of an endorsement naming the CITY as additional insured thereunder. (b) Purchase a policy with the required limits to specifically cover an Antique Show, name the CITY as additional insured thereunder; and provide the C&= 83-74 Q CITY with a copy of said policy. (c) Obtain coverage through a special events policy in the event such policy is procured by the CITY. In the event USER chooses this method, and in the event there is a deductible for occurrence on bodily injury and property damage coverage under said special events policy, the USER will be liable for the payment of the deductible of any claim in connection with the policy. (d) USER hereby agrees to notify the CITY on or before thirty (30) days prior to the date of any Antique Show of the method providing said insurance chosen by the USER. 17. The CITY hereby agrees that during the term of each Antique Show the CITY will furnish, at its expense: light for ordinary use, water for all reasonable purposes, normal jani- torial service (which would also include the daily sweeping and vacuuming of all aisles and the daily emptying of all exhibitor trash containers and ashtrays when placed in the front of the booth within reach from the aisle), restroom supplies, show time air conditioning for reasonable periods of time not including set up or breakdown and normal electricity for exhibit booth. The CITY hereby agrees to furnish at USER's request air conditioning during show setup and breakdown, for which service USER will reimburse the CITY at the prevailing rate for such service. 18. USER hereby agrees to pay for event personnel, police- men, firemen, security guards, ushering staff, ticket sellers and ticket takers, stagehands, spotlight operators, musicians, projectionists, booth equipment, installing and dismantling electrical and sound installation (s), setup of tables, chairs, and portable stages, when used and supplied by the CITY according to schedule B attached. Event personnel are those individuals who work after 5:00 p.m. on weekdays, and anytime on Saturdays, Sundays, and Holidays. An event personnel cost confirmation shall be provided 30 days prior to the Antique Show and USER will -6_ 83-'74. pay the event personnel costs on a daily basis during the show. The USER may supply, at his expense any of the above personnel and service, with the exception of an event manager, technician, and required janitorial staff, provided that the activity conform with the Rules and Regulations of the CITY and/or the Coconut Grove Exhibition Center. USER will pay the prevailing fee charged by the CITY for any utilities (including but not limited to electricity) or services provided at the request of USER, other than those specified above. 19. The parties hereto agree that the USER shall have the option, upon no less than six months written notice to cancel its use of the Coconut Grove Exhibition Center for any of the particular Antique Shows set forth in Schedule "A" attached hereto without jeopardizing any other dates. In the event the dates cannot be resold the USER agrees to compensate the CITY for its losses in the amount of Seven Thousand Dollars ($7,000) is paid, USER shall thereupon be relieved of its obligation under the terms and conditions of this Agreement for the cancelled Antique Show. 20. The CITY shall have the option to terminate for those reasons specified in paragraphs 3, 21 and 22 thereof; upon twelve months written notice in the event the USER fails to meet the terms of this Agreement; or upon 6 months notice in the event that the CITY intends to renovate and improve the Exhibition Center. 21. The parties hereto agree that in the event the Coconut Grove Exhibition Center is condemned or so damaged due to fire, windstorm, catastrophe or other act and the CITY, at its sole option, decides not to repair or rebuild, either party may cancel, terminate or declare this Agreement to be null and void. 22. In the event the CITY determined that the Coconut Grove Exhibition Center shall no longer be utilized as a facility for Antique Shows, trade exhibitions, or any other events of this -7- ■ C fill, nature, the CITY may elect to terminate this Agreement provided that said termination shall not be effective until twelve (12) months after written notice has been delivered to USER. 23. USER shall not assign this Agreement or sublet the premises or any part thereof, or any other privileges granted by this Agreement, without first obtaining the prior written consent of the City Manager of the City of Miami which consent shall not be unreasonably withheld. 24. The parties hereby agree that all terms and conditions of this written Agreement shall be binding upon the parties, their heirs and assigns, and cannot be varied or waived by an oral representation or promise of any agent or other person of the parties hereto unless the same be in writing and manually signed by the duly authorized agent or agents of the respective parties. The parties may, through mutual mutual agreement, amend this Agreement at any time and such shall be in writing and shall be incorporated into this Agreement upon review, approval and execution of the parties hereto. In the event the CITY relin- quishes ownership and/or control of the subject facilitated during the terms of this Agreement, the CITY's successor speci- fically shall take said facilities subject to the terms and conditions of this Agreement. 25. It is understood and agreed that the parties hereto intend that this Agreement shall be a License Agreement, and that no leasehold interest is conferred upon the USER by reason hereof. 26. In the event that the City of Miami in any future year is designated to host a NFL Super Bowl and the dates of such Super Bowl shall fall within 10 days preceding the date scheduled pursuant to this Agreement the CITY will automatically re -schedule the USER's date one week earlier, thereby switching dates with the Florida Nurserymen and Growers Association (FNGA). That is to say that Dade Heritage Trust will stage its Antique Show during the Super Bowl weekend, move out by Monday in order -8- 83-74 V 0 that the 3:00 a.m. FNGA may move in by 9:00 a.m. This is understood by all concerned parties to be a variation to the established two day moveout clause in schedule A. 27. GENERAL CONDITIONS All notices or other communications which shall or may be given pursuant to this Agreement shall be in writing and shall be delivered by personal service, or by registered mail or by telegraph addressed to the other party at the address indicated herein or as the same may be changed from time to time. Notice to the CITY shall be given to Exhibition Center manager, 3360 Pan American Drive, Miami, Florida 33133. Notice to the USER shall be given to ATTEST: ATTEST: Secretary Antioue Show Chairman, 190. S.E. 12th Terrace, Miami, Fla. 33131. Dade Heritage Trust, Incorporated By_.� resu ent ,;t• >7-2,.Cc%�_J CITY OF MIAMI, a municipal a,- t- CA& Corporation of the State of Florida PREPARED BY: JOHN J. COPELAN, JR. ASSISTANT CITY ATTORNEY By Howard V. Gary City Manager APPROVED AS TO FORM AND CORRECTNESS: J E R. GARCIA-PEDROSA TY ATTORNEY -9- 83--74.- SCHEDULE "A" (Referred to in Agreement for use of Municipal Facility between City of Miami and Dade Heritage Trust, Incorporated. Initial five (5) year schedule of show dates for one (1) annual Dade Heritage Trust, Incorporated, Antique Show DADE HERITAGE TRUST, INC. 1983 January 26 - February 2* 1984 January 25 - February 1* 1985 January 23 - January 30* 1986 January 29 - February 5* 1987 January 28 - February 4* * 2 day set up - - - - 2 day breakdown AGREEMENT FOR THE USE OF THE COCONUT GROVE EXHIBITIQN CENTER A MUNICIPAL FACILITY THIS AGREEMENT made and entered into this day of , 198 , by and between the City of Miami, a municipal corporation of the State of Florida, hereinafter referred to as the "CITY" and Dade Heritage Trust, Incorporated, a Florida corporation, hereinafter referred to as the "USER". W I T N E S S E T H: WHEREAS, the CITY is the owner of a facility known as Coconut Grove Exhibition Center; and WHEREAS, the parties are desirous of entering into an agreement providing certain terms for the use of the aforesaid facilities by the USER for its annual Benefit Antique Show. NOW, THEREFORE, for and in consideration of the mutual covenants hereinafter contained, the parties hereto do hereby agree as follows: 1. The CITY does hereby grant unto the USER the privilege of entry upon or into the municipal facility of the City of Miami known as Coconut Grove Exhibition Center, here- inafter referred to as "Building", located at 3360 Pan American Drive, Miami, Florida, under the terms and for the purposes and periods of time hereinafter set forth. 2. The said facility shall be entered upon or into for the purpose of conducting therein the annual Dade Heritage Trust, Inc. Benefit Antique Show, hereinafter referred to as "Antique Show", and for no other purpose. 3. The periods of said use shall be for a term of five (5) years, on the specific dates as set forth in Schedule "A" attached hereto. If the USER fails to present any one of the annual Antique Shows covered by this Agreement for two (2) years, as scheduled, then the CITY reserves the right to immediately terminate the USER's right to present Antique Shows again under the terms of this Agreement. If, however, the reason for the USER failure to present any one of the Antique Shows is because he is moving it to another facility in the South Florida area, then the CITY may, immediately upon first notification of cancellation of the Antique Show, terminate this Agreement. 4. The CITY shall be identified as "The City of Miami" or "Miami" in all press releases, and other promotional materials prepared by the USER and/or his staff. This identification shall be included in all of the above material. 5. USER thereby agrees to pay the CITY for the use of said facility in an amount in accordance with whatever standard rate schedule for use thereof may be adopted by the CITY periodically during the term of the Agreement provided, however, that rate shall be determined and agreed to at least 12 months prior to the show date. It is understood and agreed by the parties hereto that the rates for the USER shall be computed in the same manner as rates for all other USERS of said facility presenting events of the same or similar type during the period for which any particular rate schedule is adopted. The USER will annually pay twenty (20) percent of the basic use fee by October 23rd of the year preceding the Antique Show and the remaining thirty (30) percent of a minimum fifty ( 50 ) percent of the basic use fee no later than December 15th of the year preceding the Antique Show. Payment of the remaining fifty (50) percent of the basic use fee shall be paid no later than opening day of the Antique Show in cash or by cashier's check from a domestic bank. The CITY will invoice the USER for the above amounts thirty (30) days in advance. 6. In addition to the standard rate for use of the facility, USER agrees to pay the CITY, such sum or sums as may be due to said CITY for additional services, accommodations, or materials furnished to said USER, as may be agreed by the parties, within 15 days of being invoiced by the CITY. 7. USER shall indemnify and save harmless CITY its agents, officials and employees against and from all liabilities, obligations, damages, penalties, claims, costs, charges, and expenses, including reasonable architects and attorneys' fees, _2- 83-'74 which may be imposed upon or incurred by or asserted against CITY (its agents, officials and employees) by reason of any of the following occurrences during the term of this Agreement: (a) Any work or thing done in, on or about the demised premises or any part thereof by USER or any party other than CITY; (b) Any use, nonuser possession, occupation, condition, operation, maintenance, or management of the demised premises or any part thereof of any alley, sidewalk, curb, passageway, or space adjacent thereto; (c) Any negligence on the part of USER or any of its agents, contractors, servants, employees, subtenants, licenses or invitees; (d) Any accident, injury, or damage to any person or property occurring in, on or about the demised premises or any part thereof, or any alley, sidewalk, curb, passageway, or space adjacent thereto; or (e) Any failure on the part of USER to perform or comply with any of the covenants, agreements, terms, pro- visions, conditions, or limitations contained in this lease on its part to be performed or complied with. In case of any action or proceeding is brought against CITY (its agents, officials and employees) by reason of any such claim, USER upon written notice from CITY shall at USER's expense resist or defend such action or proceeding by counsel approved by CITY (its agents, officials and employees) in writing. B. On the day of commencement of any of the Antique Shows referred to by Schedule "A" hereto, USER shall provide to the CITY, when invoiced 30 days prior in either cash or a cashier's check, a damage deposit in the amount of Two Thousand Dollars ($2,000). Subsequent to presentation of each Antique Show, this amount shall be returned by the CITY to the USER, less deductions withheld by the CITY to reimburse it for damages caused by USER or his exhibition to the premises of the Coconut Grove Exhibition Center. All such claims for damage shall be made at the time of -3- 83-74 final movement and is subject to documentation and physical inspection by the CITY and the USER. If such damage does occur a statement for repair must be submitted to the USER within ten (10) days of move -out. This statement must be supported by a written estimate for repair. Any remaining funds of the deposit will be returned at this time. 9. The CITY reserves the right to enter upon the premises at any time during the period of use that it may, in its sole discretion, deem necessary upon the presentation of proper identification to USER or his security personnel. 10. The CITY reserves the right to remove from the premises all USER effects remaining in or on the grounds of the facility after the end of the contract period for each exposition, at the expense of the USER, or to charge storage at the same rate established for use of the facility, for each day or part of the day that said effects remain in or on the grounds of the facility after the end of the period of each particular use. For purposes of this provision, "dismantle time" shall be considered to be part of the term of the use. 11. USER agrees to provide on a yearly basis no later than March 15th, a diagram of the proposed event layout to the Office of Fire Prevention, 275 Northwest Second Avenue, Miami, Florida 33128, and obtain the permits required by Section 17-326 of the Code of the City of Miami, relative to fire safety. 12. The USER hereby acknowledges that he has read the "Rules and Regulations" for Use of City of Miami Municipal Facilities attached hereto, that the provisions hereof are fully understood, and that by execution of this Agreement USER cer- tifies that he will abide by each and every rule and regulation set forth particularly in this Agreement. it is further under- stood and agreed that if the aforesaid rules and regulations are in any way changed or amended during the term of this Agreement, USER shall be subject to the term and conditions of any such -4- changes or amendments. In the event that any such rule or regulation is in conflict with any provision of this Agreement, the provisions set forth in this Agreement shall apply. 13. USER agrees that he shall not under any circumstances permit anything (fence posts, nails, etc.) to be driven into the parking lot surface, patio surface, planters, auditorium floor, or any other surface of the Coconut Grove Exhibition Center premises owned by the City of Miami without the express written permission of the Exhibition Center Manager. 14. USER also agrees to provide a diagram of each proposed entire Antique Show layout annually for Exhibition Center Manager's approval prior to either distributing the layout for public consumption or selling any of the exhibit space. Such approval shall not be unreasonably withheld. 15. USER'understands that the exclusive privilege for sale of food and beverage on the Coconut Grove Exhibition Center premises has been granted by the CITY to a concessionaire. USER, therefore, shall not be permitted to sell or permit the sale of any food and/or beverage in connection with his Antique Show without written concessionaire approval and notification to the CITY. 16. USER hereby agrees to provide public liability in- surance with minimum limits of $100,000.00/$300,000.00, bodily injury and $10,000 property damage. USER agrees that the CITY may raise the Insurance minimum at its sole option when it deems it is necessary. USER shall have the option of using one of the following described methods to provide such coverage. (a) Provide the CITY with a certificate of insurance from USER's then current policy and a copy of an endorsement naming the CITY as additional insured thereunder. (b) Purchase a policy with the required limits to specifically cover an Antique Show, name the CITY as additional insured thereunderf and provide the -5- 83-74. CITY with a copy of said policy. (c) Obtain coverage through a special events policy in the event such policy is procured by the CITY. In the event USER chooses this method, and in the event there is a deductible for occurrence on bodily injury and property damage coverage under said special events policy, the USER will be liable for the payment of the deductible of any claim in connection with the policy. (d) USER hereby agrees to notify the CITY on or before thirty (30) days prior to the date of any Antique Show of the method providing said insurance chosen by the USER. 17. The CITY hereby agrees that during the term of each Antique Show the CITY will furnish, at its expense: light for ordinary use, water for all reasonable purposes, normal jani- torial service (which would also include the daily sweeping and vacuuming of all aisles and the daily► emptying of all exhibitor trash containers and ashtrays when placed in the front of the booth within reach from the aisle), restroom supplies, show time air conditioning for reasonable periods of time not including set up or breakdown and normal electricity for exhibit booth. The CITY hereby agrees to furnish at USER's request air conditioning during show setup and breakdown{, for which service USER will reimburse the CITY at the prevailing rate for such service. 18. USER hereby agrees to pay for event personnel, police- men, firemen, security guards, ushering staff, ticket sellers and ticket takers, stagehands, spotlight operators, musicians, projectionists, booth equipment, installing and dismantling electrical and sound installation (s), setup of tables, chairs, and portable stages, when used and supplied by the CITY according to schedule B attached. Event personnel are those individuals who work after 5:00 p.m. on weekdays, and anytime on Saturdays, Sundays, and Holidays. An event personnel cost confirmation shall be provided 30 days prior to the Antique Show and USER will -6- 83-74. pay the event personnel costs on a daily basis during the show. The USER may supply, at his expense any of the above personnel and service, with the exception of an event manager, technician, and required janitorial staff, provided that the activity conform with the Rules and Regulations of the CITY and/or the Coconut Grove Exhibition Center. USER will pay the prevailing fee charged by the CITY for any utilities (including but not limited to electricity) or services provided at the request of USER, other than those specified above. 19. The parties hereto agree that the USER shall have the option, upon no less than six months written notice to cancel its use of the Coconut Grove Exhibition Center for any of the particular Antique Shows set forth in Schedule "A" attached hereto without jeopardizing any other dates. In the event the dates cannot be resold the USER agrees to compensate the CITY for its losses in the amount of Seven Thousand Dollars ($7,000) is paid, USER shall thereupon be relieved of its obligation under the terms and conditions of this Agreement for the cancelled Antique Show. 20. The CITY shall have the option to terminate for those• reasons specified in paragraphs 3, 21 and 22 thereof; upon twelve months written notice in the event the USER fails to meet the terms of this Agreement; or upon 6 months notice in the event that the CITY intends to renovate and improve the Exhibition Center. 21. The parties hereto agree that in the event the Coconut Grove Exhibition Center is condemned or so damaged due to fire, windstorm, catastrophe or other act and the CITY, at its sole option, decides not to repair or rebuild, either party may cancel, terminate or declare this Agreement to be null and void. 22. In the event the CITY determined that the Coconut Grove Exhibition Center shall no longer be utilized as a facility for Antique Shows, trade exhibitions, or any other events of this -7- 8.3-74 . 4 th. nature, the CITY may elect to terminate this Agreement provided that said termination shall not be effective until twelve (12) months after written notice has been delivered to USER. 23. USER shall not assign this Agreement or sublet the premises or any part thereof, or any other privileges granted by this Agreement, without first obtaining the prior written consent of the City Manager of the City of Miami which consent shall not be unreasonably withheld. 24. The parties hereby agree that all terms and conditions of this written Agreement shall be binding upon the parties, their heirs and assigns, and cannot be varied or waived by an oral representation or promise of any agent or other person of the parties hereto unless the same be in writing and manually signed by the duly authorized agent or agents of the respective parties. The parties may, through mutual mutual agreement, amend this Agreement at any time and such shall be in writing and shall - be incorporated into this Agreement upon review, approval and execution of the parties hereto. In the event the CITY relin- quishes ownership and/or control of the subject facilitated during the terms of this Agreement, the CITY's successor speci- fically shall take said facilities subject to the terms and conditions of this Agreement. 25. It is understood and agreed that the parties hereto intend that this Agreement shall be a License Agreement, and that no leasehold interest is conferred upon the USER by reason hereof. 26. In the event that the City of Miami in any future year is designated to host a NFL Super Bowl and the dates of such Super Bowl shall fall within 10 days preceding the date scheduled pursuant to this Agreement the CITY will automatically re -schedule the USER's date one week earlier, thereby switching dates with the Florida Nurserymen and Growers Association (FNGA). That is to say that Dade Heritage Trust will stage its Antique Show during the Super Bowl weekend, move out by Monday in order -S- 83-74 ti' that the 3%00 a.m. FNGA may move in by 9:00 a.m. This is understood by all concerned parties to be a variation to the established two day moveout clause in schedule A. 27, GENERAL CONDITIONS All notices or other communications which shall or may be given pursuant to this Agreement shall be in writing and shall be delivered by personal service, or by registered mail or by telegraph addressed to the other party at the address indicated herein or as the same may be changed from time to time. Notice to the CITY shall be given to Exhibition Center manager, 3360 Pan American Drive, Miami, Florida 33133. Notice to the USER shall be given to Antique Show Chairman, 190 S.E. 12th Terrace, Miami, Fla. 33131. Dade Heritage Trust, Incorporated ATTEST: By Pr s nt CITY OF MIAMI, a municipal Corporation of the State of Florida ATTEST: Secretary PREPARED BY: JOHN J. COPELAN, JR. ASSISTANT CITY ATTORNEY By Howard V. Gary City Manager APPROVED.AS TO FORM AND CORRECTNESS: 004& C.06 P4S R. GARCIA-PEDROSA ITY ATTORNEY -9- 83-74 *A, (Referred to in APreerient for use of ''unic.i,)ai Facility het,eeen City of Miami and nade 1lerit,,-, c Trust, Tn car;:�r<�ted. Initial five (5) year schedule of slio:: drtos for one (1) annual Dade Ilerita8e Trust, Incorporated, Antique Shop. DADS UPIT.1GE TP1,S7. IIX. Y� 83 January 26 - Pehrunry 2* 1984 January 25 - rehruary 1* 1935 January 23 - Januhrl, 311* 1986 January 29 - re' ruary 5* 1987 January 2%F - r'chrunry 4 * 2 day set up - - - - 2 ua.- breakdown r t 83-74 . 47 CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM i F CITY M�'11.rF'S OFFICE :.J TO Howard V. Gary DATE January 14, 1983 FILE CN-06-L10 City Manager CO-10-15 SUBJECT: Contract for CO-11-64 Dade Heritage Trust, Inc. FROM w4L1C,/! .� R. 0Young Director of.Auditori NV REFERENCES Antique Show ENCLOSURES Contract Attached are original contracts for Dade Heritage Trust, Inc. to use the Coconut Grove Exhibition Center for its annual Antique Show. This con- tract will be valid for a period of five (5) years and represents our continued involvement with the local community. In effect, Dade Heritage Trust, Inc. has joined with D.S. Clark Antique Shows, Inc., which is the largest Antique Show in the South Florida area and has moved from the Miami Beach Convention Center to the Coconut Grove Exhibition Center. Next year, when the west roof construction is completed, they will be renting the entire center. Dade Heritage Trust, Inc. will be paying full rental at the prevailing rate (i.e., whatever the rental rates are during the years they will be using our facilities). Without question, it is a pleasure to recommend that this contract be signed, as it represents the kind of client and business the City of Miami wishes to attract. Should you have any questions, please tele- phone me at 3310. Thank you for your consideration and attention to this matter. cc: Cesar Odio, Assistant City Manager 83- 74.