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HomeMy WebLinkAboutR-82-007979 RESOLUTION NO. 8 2 w A RESOLUTION AUTHORIZING THE CITY MANAGER -1 TO EXECU'I'E, ON BEHALF OF THE CITY, AN AGREEMENT WITH THE FLORIDA NURSERYMEN AND GROWERS ASSOCIATION, INC. FOR THE USE OF THE COCONUT GROVE EXHIBITION CENTER FOR PRESENTATION OF THE ANNUAL TROPICAL PLANT INDUSTRY EXHIBITION FOR THE TIME PERIOD 1983-1984 INCLUSIVE, IN ACCORDANCE WITH THE TERMS -AND CONDITIONS CONTAINED IN THE ATTACHED AGREEMENT. WHEREAS, the City is the owner of a facility known as the Coconut Grove Exhibition Center; and WHEREAS, the Florida Nurserymen and Growers Association, Inc. are desirous of utilizing said facility for The Tropical Plant Industry Exhibition; and WHEREAS, the parties are mutually desirous of perpetuating the presentation of the outstanding and successful annual Tropical Plant Industry Exhibition at the Coconut Grove Exhibition Center during the month of January for the years 1983-1992 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, on behalf of the City, the attached Agreement for the use of the Coconut Grove Exhibition Center by the Florida Nurserymen and Growers Association, Inc. for presentation of their annual Tropical Plant Industry Exhibition during the month of January for the years 1983-1992 inclusive under the terms and conditions contained in the attached Agreement. PASSED AND ADOPTED this 28 day of ,IANI)QRy , 1982. rj. .. .. "q� CITY T:CLERK PREPARED AND APPROVED BY: DF11UTY CITY ATTORNEY CITY COMMISSION APP V% AS T FORM —<A _CORRECTNESS : MEETING OF ' J A N 2 8 1982 FACUMC ri No..... 2.— . 75 CITY ORNEY 0 CITY OF t I Vl.li• FLORIDA Howard V. Gary City Manager Aeu'V ng General M nager Cocon INTER -OFFICE MEMORANDUM nter January 21, 1982 rILE 9_-. , Long Term Agreement Florida Nurserymen Growers Association "It is recommended that the attached Resolution be adopted which would authorized the City Manager to execute, on behalf of the City, the attached Agreement for the use of the Coconut Grove Exhibition Center by the Florida Nurserymen and Growers Association, Inc. for presentation of their annual Tropical Plant Industry Exhibition during the month of January cs for the years 1983-1992 inclusive". The attached contract or agreement for a ten year time period is similar to those in existence with the Exposition Corporation of American and Positive Results, Inc. The only commitment to be borne by the City of Miami is that of guaranteeing the dates for the Tropical Plant Industry Exhibition for the next 10 years. Paragraph 5, on page 2 specifically states that the user agrees to pay the City of Miami for use of the Coconut Grove Exhibition Center in accordance with whatever standard rate schedule may be adopted by the City during the period of the agreement. The agreement also provides for a specific pay schedule, which no other long term agreement for use of the Coconut Grove Exhibition Center in existence provides. Moreover, there are escape paragraphs for the City on page 7 i.e., paragraphs 20, 21, and 25. cc: Cesar Odio, Assistant City Manager George F. Knox, City Attorney 82-79 AGREEMENT FOR THE USE OF THE COCONUT GROVE EXHIBITION CENTER - A MUNICIPAL FACILITY -�r %� THIS AGREEMENT made and entered into this day of Z)e ,-e _i1lA.r— , 1981, by and between the City of Miami, a municipal corporation of the State of Florida, here- inafter referred to as "City" and The Florida Nurserymen and Growers Association, Incorporated, a Florida corporation, hereinafter referred to as "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 Tropical Plant Industry Exhibition Trade Show. NOW, THEREFORE, for and in consideration of the mutual convenants 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, hereinafter 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 Florida Nurserymen and Growers Association Tropical Plant Industry Exhibition Trade Show, hereinafter referred to as "Trade Show", and for no other purpose. 3. The periods of said use shall be for a term of ten (10) years, on the specific dates as set forth in Schedule "A" attached hereto. Additionally, the User shall have an option to 82 -79 Lj to extend the periods of use for said Trade Show for one additional consecutive five year term, for specific periods of use within said option term as set forth in Schedule "B" attached hereto. The exercise of the option term shall be contingent upon User's not being in default of any acts required of the User during the preceding term. Also, if the User fails to present any one of the annual Trade Shows covered by this Agreement for two (2) successive years, as scheduled, then the City reserves the right to immediately terminate the User's right to present Trade Shows again under the terms of this Agreement. If, however, the reason for the Users failure to present any one of the Trade 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 Trade 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. It is understood and agreed by the parties hereto that the rates established for 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 preceeding the trade 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 trade show. Payment of the remaining fifty (50) percent of the basic use fee shall be paid no later than January 10th of the year of the trade show in cash or by cashier's check from a domestic bank. The City will invoice the user'for the above amounts 30 days in advance. -2- 6. In addition to the standard rate for use of the facility, User agrees to pay the City, on demand, 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 hereto. 7. The User hereby convenants and agrees to defend, indemnify and save harmless the City against any and all claims, suits, actions for damages, or causes of action arising during the term of the Agreement, for any personal injury, loss of life, or damage to property, sustained by reason of or as a result of the User's (its agents, employees or workmen) carelessness or negligence; from and against any order, judgements or decrees, which may be entered thereon; and from and against all costs, attorney's fees, expenses and liabilities incurred in the defense of any such claims and the investigation thereof. 8. No later than five (5)-days prior to commencement of any of the trade 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 trade show, this amount shall be returned by the City to the i User, less deductions withheld by the City to reimburse it for damages caused by User or his exhibitors to the premises of the Coconut Grove Exhibition Center. All such claims for -damage shall be made at the time of final move -out and is subject to document- ation and physical inspection by the City and the User. If such damage does occur a statement for repair must be submitted to User within ten (10) days of move -out. This statement must be sup- ported by 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 indentification to User or his security personnel. -3- 82-79 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 to 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 cf this provision, "dismantle time" shall be considered to be part of the term of the use. 11. User agrees to provide a diagram of the proposed event layout to the Office of Fire Prevention, 275 N.W. 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 certified that he will abide by each and every rule and regulations 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 terms and conditions of any such 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 trade 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 -4- 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 Trade Show without concessionaire approval. 16. User hereby agrees to provide public liability insurance with minimum limits of $100,000.00/$300,000.00, bodily injury and $10,000 property damage. 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 an additional insured thereunder. (b) Purchase a policy with the required limits to specifically cover a trade show, name the City as an additional insured thereunder.; and provide the 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 trade show of the method providing said insurance chosen by the User. 17. The City hereby agrees that during the term of each trade show; the City will furnish; at its expense; light for ordinary use; water for all reasonable purposes; normal janitorial service, which would also include the daily sweeping and vacuuming of all aisles and the daily emptying of all exhibitor trash containers -5- 82-79 and ashtrays when placed in the front of the booth within reach -� from the aisle; restroom supplies; show time air conditioning for 1 reasonable periods of time not including setup or breakdown, and electricity for exhibition connection. User hereby agrees to pay for event personnel, policemen, firemen, security guards, ushering staff, ticket sellers and ticket takers, stagehands, spotlight operators, musicians, projectionists, booth equipment, installing and dismatling electrical and sound installation(s), setup of tables, chairs, and portable stages, when used and supplied by the City. Event personnel are those individuals that work after 5:00 p.m. on weekdays, and anytime on Saturdays, Sundays, and holidays. An event personnel cost estimate will be provided 30 days prior to the trade show at which the User will pay the estimated event personnel cost. The User may supply, at his expense any of the above personnel and service, withthe exception of an event manager, technical and required janitorial staff provided that activity conforms with the Rules and Regulations of the City and/or The Coconut Grove Exhibition Center. The City hereby agrees to furnish at User's request air conditioning during show setup and breakdown, for which service User will reimburse they City at the prevailing rate for such service. User will,pay for any utilities or services provided at the request of User, other than those specified above. 18. The parties hereto agree that*the User shall have the option, upon no less than twelve (12) months written notice to the City, to cancel its use of Coconut Grove Exhibition Center for any of the particular trade shows set forth in Schedule "A" attached hereto. In the event that User exercises its option to cancel under this paragraph, it shall thereupon be relieved of its obligation under this agreement with regard to forfeiture of its performance bond for the canceled trade show. 19. The parties hereto agree that in the event that Coconut Grove Exhibition Center, is condemned or so damaged due to fire, windstorm, or other catastrophe, and the City decides not to repair or rebuild, either party may cancel, terminate or declare this Agreement to be null and void. OM irk 20. In the event the City determines that the Coconut Grov Exhibition Center shall no longer be utilized as a facility for trade exhibitions or any other events of this 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. 21. 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. Said consent shall not be unreasonably withheld. 22. 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 mutually signed by the duly authorized agent or agents of the respective parties. In the event the City relinquishes ownership and/or control of the subject facilities during the terms of this Agreement, the City's successor specifically shall take said facilities subject to the terms and conditions of this Agreement. 23. 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. 24. In the event the City of Miami is designated to host a NFL Super Bowl and the date of such Super Bowl shall fall during the dates of this Agreement or any extension, the City will automatically re -schedule the User's date one week later following the same schedule as specified in this agreement. 25. The parties may, through mutual agreement, amend this Agreement at any time. Amendments shall be in writing and shall be incorporated into this Agreement upon review, approval and execution of the parties hereto. dC 82 -79 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their officials thereunto duly authorized. THE CITY OF MIAMI, a municipal corporation of the State of Florida ATTEST: 3�y I By CITY CLERK ATTEST: IUIP D W. GARY, C:TTY MANAGER FLORIDA NURSERYMEN AND GROWERS ASSOCIATION, INCORPORATED By SECRETARY APPROVED AS TO FORM AND CORRECTNESS: CITY ATTORNEY ICWZ�' ESIDENT SCHEDULE "A" OWP-='ed to in Agreement for use of Municipal Facility between City if M .Irli .1 • The Florida .1 •Grawers Association, Initial Ten (10) year schedule of show dates for one (1) a=3al Florida Nurserymen and Growers Association, Inc. 'Trade Shaw. n E FIDRIEA NUBS II ARID C�tC�O4MS ASSOCIATION, INC. 1983 January 17 - 24 * 1984 16 - 23 * 1985 'r 14 - 21 * 1986 20 - 27 * 1987 " 19 - 26 * 1988 " 18 - 25 * 1989 16 - 23 * 1990 15 - 22 * -1991 14 - 21 * 1992 20 - 27 * 1993 " 18 - 25 * * 3 day set up - 2 day breakdown► 82-79 0 SCHEDULE "B" THE FLORIDA NURSERYMEN AND GROWERS ASSOCIATION, INC. 1994 January 1995 of 1996 it 1997 " 1998 " * 3 day set up - 2 day breakdown 17 - 24 16 - 23 15 - 22 13 - 20 12 - 19