HomeMy WebLinkAboutR-79-0394Maria
Boat
Grove
RESOLUTION NO. 7 9- 3 9 4
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO EXECUTE, ON BEHALF OF THE CITY, AN
AGREEMENT WITH MIAMI'S SUMMER BOAT SHOW,
A DIVISION OF POSITIVE RESULTS, INC., FOR
THE USE OF COCONUT GROVE EXHIBITION CENTER
AND CERTAIN SLIPS AT DINNER KEY MARINA,
FOR R
1S�J n LJ $ I V SHOWS�,EINNTATION ACCORDANCEOFF IIVE THSUMMTHEETERMSTAND
CONDITIONS CONTAINED IN THE ATTACHED AGREE_
DOC K.�,� NTST.
FOLLOW"
WHEREAS, the City is the owner of a facility known as
Coconut Grove Exhibition Center and a marina known as Dinner Key
Marina;
into
and
WHEREAS, the parties are mutually desirous `of entering
an agreement providing certain terms for User's use of. the
Coconut Grove' Exhibition Center and certain slips at Dinner Key
a for a -Summer Boat Show; and
WHEREAS,` the City Manager recommends that Miami's Summer
Show be permitted to utilize the building known as Coconut
Exhibition Center and certain slips at Dinner Key Marina;
NOW, THEREFORE,
CITY OF
execute,
BE IT RESOLVED BY THE COMMISSION OF THE
MIAMI`FLORIDA:
Section 1. The City Manager is hereby authorized to
City, the attached Agreement for the use
on behalf of the
of the Coconut Grove Exhibition Center and certain slips at Dinner,
Key Marina, for presentation of five annual Summer Boat Shows, by.,
Miami's Summer Boat Show, a division of Positive Results,
the same terms .and conditions contained in the said attached. Agreement.
ATTES
•
nc
PASSED AND ADOPTED this 24th day of May ,
Ral
. Qngie City Clerk
PREPARED AND APPROVED BY:
e-4t,e fi
APPROVED AS TO FORM AND CORRECTNESS;
Maurice A. Ferre
MAURICE A FERRE
MAYOR
under
1979.
"DOCUMENT INDEX
ITEM NO. %/ .,
CITY COMMISSION
MEETING OF
MAY:4si
ra KUM ,a 9 - 3 9 4
• AGREEMENT FOR THE USE OF
MUNICIPAL FACILITIES
THIS AGREEMENT made and entered into this day
of , 1979, by and between the City of ,Miami,
a_.mUnicipal "corporation of, the State of Florida*. hereinafter
referred to ,as "City", and M1ai1's SuMmer Boat,: Show, a Division
of Positive Results, Inc. a Florida corporation, hereinafter
referred to as "User".
"SUPPORTIVE ITNESSETH:
DOCUMENTSF OLLOW" WHEREAS, the
City. is the ownerof a facility kriown
as:- Coconut Grove
WHEREAS,--,-,:ther parties are-desirousof':.,,enteri,ng,„',:,int6-.'an:
At%
' . • , • _
agreement ,providing-,,-certairi:-,terrriS for the use oftheaforesaid
facility by the User for itsSumxner Boat Show.
NOW, THEREFORE, for arid in consideration of the mutual
covenants hereinafter contained, the parties hereto do hereby
agree as follows:
--. 1 hereby:1„grant',:iinto. theUser the
privilege of - entry', upon or into the municipal facility of the
City.of Miami known asi:„ dOcOriut•-;GrOve::Exhibition:;i:Center,--herein
afterreferred',..tO: as-,,,-"Buliding",::::::loC'ated-:at; 3360Pan Arnericari
Drive, Miami, Florida, under the terms and: for the purpose and,
period of time hereinafter set forth. '
2. The said 'facilitY be entered upon
orinto
for the purpose of conducting therein the„.:annUal $umnier:13Oat.i:
Showas,bet forth on Schedule : attached hereto,
other purpose. : '
3. The:, period' of saiduse shall befor:, a : term of
five (5) years,, in accordance : with::: the specific :tiMeriperiod$
Within each of said river: (5)::-;.:Years as set forth in Schedule "A"
attached hereto. Additionally,- the User :shall have :ari,optionto
extend his periods: of , use-, for said Summer ',Boat Shows. for one
additional ; consecutive five-year r:term. I The-,-eXerci0e:of the optiOfl
term shall be contingent upon User's • not being in default of
0 79-394
a municipal
AGREEMENT FOR THE USE OF
MUNICIPAL FACILITIES
AGREEMENT made and entered into
this, ' day
1979, by and.: between the Cityof Miami,
corporation of the, State of. Florida, hereinafter
referred --to as
of 'Positive
and MiairT1:' s Summer Boat
Results, Inc:., a Florida corporation
referred to as "User'
"SUPPORTIVE
CCUMENTS
" WHEREAS, the City is the
FOLLOW
as Coconut Grove Exhibition Center;
Division
hereinafter:
owner o
and,
WHEREAS, the parties are desirous of entering
agreement providing
facility by. the
into an
certain terms for the use of, the aforesaid
User for its Summer Boat
THEREFORE,
for and in consideration of -the mutual
covenants hereinafter contained, the parties hereto do hereby.
agreeas follows:
privilege of entry upon or into the municipal facility of -the
City of Miami known as Coconut Grove Exhibition Center, herein-
after: referred to as "Building", located at
Drive, Miami, Florida
period of time
hereinafter set forth.
2. The, said
for the purpose of
Show as set forth on Schedule "A"_ attached hereto, and for no
other purpose
3. The period of said,
3360 P,an;American`.
the purpose and
facility ,shall
be, entered upon or `into
conducting therein the annual, Summer -Boat
use shall be_for a term of
five (5) years,;:in accordance -with the
within, each of said five (5)' years
attached he
extend'his
specific time periods..
as set' forth in Schedule; "A"
veto. Additionally, the User
periods of use for, said :Summer.
additionalconsecutive:`five-year
term.
shallhave an option
Boat Shows for. one
The exercise, o
0
the option
term shall be contingent upon Users not being1in default; o
• 79.394
any acts required of User during the preceding term. If the
User, fails to, present any°one of the annual Summer Boat Shows`'.
covered by this. Agreement for two successive years,
�s scheduled,
then the City reserves the right to immediately. terminate the
User's right to present any further Summer`
the terms;of this Agreement. If, however,
Boat Shows under
the reason for ".User 's
failure to present any one of the scheduled Summer Boat Shows
is because he is moving that particular Summer Boat Show to
another, facility in the South Florida area, then the City may,
immediately upon first"notification of cancellation of the show,
terminate the User's right to, present any further. Summer Boat
Shows under the terms` of this Agreement.
14. The` City shall be identified as "The City
or "Miami" in all press releases and other promotional materials
prepared'' by the User and/or his staff.", This. identification shall
of Miami"
be included. in all the above material.
5 User hereby agrees to. pay the City, for the
said facility, an amount in accordance with whatever standard
rate. schedule for use thereof may be adopted by the City from
time t
use of
time during -the term of this Agreement It is understood
by the parties hereto that the rates established.; for
'agreed
and 'agr
User shall be computed in
the same manner
users of said facilitypresenting an "event
scope during the period for which any part
as rates"for all other
of similar type: or
icular rate schedule
is adopted. It "is further understood and agreed by' and;; between
the•
parties that the User' will furnish to the City a cash per
deposit` in the amount of Five Thousand Dollars'<($
formance
5,000).
within ten (10) calendar days after the execution of' this,
Agreement. Said'. cash performance deposit shall remain in effect
until after the User's 1979 event, at which time it will be
returned to the User
City
except that it will be forfeited to the
if the User cancels that Summer Boat Show before its
final date.
felted,' the
Af •
scheduled
f the cash performance deposit amount is not for -
User may; utilize it to apply toward the facility
tj cJ)
. , .
•
;....
Lt.1
1.7 • 0
q: .• .n1
'?" 0
0 L.L.
(1) C=1
4
rental amount for,, each event, if he so desires. With ''regard.::,:,•,
to s ,reevents : in -1980 ,y•,1981, 1982, 1983, arid subsequent.
option years, User shall •furnish to the City a cash., performance
deposit in the amount,' of .;Five- Thousand Dollars (-$5,000) at- -least
•
six
(6)months '•prior ' to the • scheduled final „date:,:spfyeaCh'1,,eVent..
Said cash perfOrmance deposit shall remain. • in: effeCt.-1.intiI,';';,-H
after the particular , annual event for which it was deposited,
at which time it will be returned to the User unless it 18 . for.•
feited to the City by cancellation of that particular event' by
• .
the User 'during' the six (6) month period prior; to the scheduled
final date of that event. If the cash performance deposit is
not forfeited, the User may utilize it' to apply toward his
facility rental amount for each event, if he so desires. In
...• .. „.., .. ..„ . .. , ., ,. . ., ... , , , , ,_ ,,„,,,. „„ . „„..„ , . „ . , „ .... • . „
the":'eVent..User,-'failS•at-'-anY•recfuired tiMe,'1itOr.-posts•-"••Said:::•„CaSty,-:,...
. .
performance :•dePosit ,,:upon'i.:ten ( 10 )::','claysH-written-, notice of ......,.„,, ..,.
to:,. db•,:-,so•l:the • City shall,„, have the: right.'iitO,"cOntract with other
... ,.
. . ,
parties: -for,,,,the -Period
-Of use scheduled for,, that ;•part ictilar,'.-- •. _
_ . . - .. , . . - .,.. „ ,, ,--. ," . . ," • - . . ,
. . - ... ,-, - , , .. ... . , .. .., .. . • , . , ., ,..". . ,. , . • .
, . ,. ,, .,,, - . ,, -,, , , • . ,,, . .--_,,,,...: ,- :._ .. , , __ -„ .„. ",-,: ,:, .. , ..-„,„. --,.. :, „,. , _ .. . - :.,...„..., ..." - , ,„ :. ,,,! „.,, „
Summer Boat Show. ,,User's liabilitY--"for,,,failuretO:,•1cOnductany
scheduled; SuMmer• Boat Show without giving the reqUirednotiCe.
of cancellation ,Shall•--_be:Y:1imited:.•to'.ihe-:Pen0.Itie0::,speofieC11::',
in Paragraph-. •3:-,:,hereto : and forfeiture of the•••posted Five
, •
Thousand Dollars • ,,($5:-,000.),•:: cash performance deposit amourit.
- •6. In addition to the :':-Standard „rate f Or -',useOf„-the
facillty,'•,User ,:agrees to pa:YtheCity,
sums as may be due to said City for additional services or
accommodations of materials furnished to said User, as may be
agreed by the parties hereto., -
7 . The User hereby covenants and agrees to defend,
indemnify and save harmless the City against a.ny= and all' claims,
suits, actions for damages, or causes of action arising during
the term of this 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) Care-
lessness or negligence; from and against any order, judgments
• 79-394
4
•
or decrees, which may
all costs,
attorneys',
be enteredthereon; and from and against
fees, expenses and liabilities incurred
in the defense of any such claims and the
8. No later than five (5) days
investigation thereof.
prior to commencement
of each of the Summer 'Boat Shows referred to by Schedule "A"
hereto, and during the option period, if exercised, User.: shall
provide to the City, in either cash
damage deposit in
the amount of' two
Subsequent, to presentation of each S
or a cashier's check, a
thousand, dollars ($2,000).
ummer Boat 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 exhibitors to the premises of the Coconut Grove
Exhibition Center. In satisfaction of this requirement, User
may, at his option, place two thousand dollars ($2,000) into a
City account on which interest will accrue .to User benefit',
from which amounts will be withdrawn whenever..
for the City to do so to reimburse the City for damages ,caused
and
becomes necessary
by User or his exhibitors to, the premises of the Coconut Grove
Exhibition Center.
account result in a
If any funds
reduction of its
utilized by the City from this
balance t
below two thousand
dollars ($2,000),.the User shall restore the account balance to
the two thousand dollar "($2,000) level within ten (10) days of
receipt
a request. from the City t
o so.
9'. The City reserves the' right Ito enter' Upon.: the
premises at any time during the, period of use that it may," in
its sole discretion, deem necessary.
10. The City reserves ,the right to remove from.the
premises all User effects• remaining in.or>on the grounds of the
facility after"tthe end of the contract period for each.`Summer
•Boat Show, 'at the expense of the User;,or'to"charge storage;', at
the same rate established for use ofthe 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 Summer Boat
Show For purposes of this provision, "dismantle 'time '.'.shall be
considered to be a part of the term of the use.
13. User agrees ;to provide a diagram of each proposed
Summer Boat Show layout to the Office of Fire Prevention`, 3314?
-Pan American Drive, Dinner Key, Miami, Florida,` and obtain the.
ermits re aired by Section 17-326 of the "Code of the City of
Pe required
Miami, relative to fire safety.
12. The User hereby acknowledgesthathe
"Rules and Regulations for Use of City ,of Miami Municipal
has read the
Facilities," that the provisions thereof are fully Understood,
and that by execution.of this Agreement User certifies that.he
abide by :each
and every rule.and regulation
set out therein
without the need to have said rules and regulations; set forth
particularly in
this AGreement. It is further understood 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
is in conflict with any provision
sions set forth in this -Agreement
circumstances
�...� .., permit anything (fence posts, nails, etc.) to'be driven into
- the parking lot surface, patio surface, planters, auditorium
L)c" i' � floor,,or any*other-surface bf the CoconutGrove Exhibition-
L"t... `� Center premises owned by the City of Miami without the express
(T) 1� written permission of
the Exhibition Center Manager.
14. User also -`agrees toprovide a diagram of each
proposed entire Summer Boat Show layout annually for the Exhi-
bition Center Manager's approval prior to either distributing
the layout for public consumption or selling any, of the exhibit
15. User understands that the exclusive privilege
for sale of food and beverage on the Cocoriut Grove Exhibition..
Center premises has_; been granted by,the City to a concessionaire.
79-394
Nip
User, therefore`, shall: not be permitted to sell or permit the"
sale'of any food and/or beverage in connection with any.of`his
Shows without concessionaire approval, except for
Summer
Boat
packaged food and beverage sold not for consumption
16. User hereby agrees to provide public
insurance with limits-of,$100,000.00/$300,000.00
and $10,000 property damage. ,User shall have the option of
using one of the following described methods to provide such
coverage:
on premises.
liability
bodily injury
(a)Provide the City, with_ a _Certificate
in-
surance from -User's then current'.policy.and a copy of an endorse-
ment
naming the�City_as :an-additionah.insured thereunder.
(b) Purchase a policy with the required limits
to specifically cover each event, naming 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 Pity.'
the event User. chooses this method,, and in the event there
a deductible for occurrence on bodily injury and property
damage
will
In
special.. events' policy, the User
be liable for the payment of the deductible of any claim
in connection -with the policy.
(d)
or. before` thirty (30) days prior to the date of each scheduled
Summer Boat Show of the method
by. the User.
17. The
each Summer -Boat
furnish, at -its-expense,
of. providing said insurance chosen
City hereby agrees that, during the term
Show presented by,the User, the City wilh,
xpense, for all
light for ordinary use, water
reasonable purposes, janitorial service, restroom'supplies,'.
show time air conditioning for reasonable periods of time (not
including setup or breakdown), and all
other services and supplies
ordinarily provided by the City for other users of
The City:hereby agrees to=furnish at User's request air condition-
ing during show setup and breakdown, for which service User will
the facilities.
- 6 -
reimburse the City the actual cost incurred by the City for
such service.
User will pay for any utilities or services provided at the request of
User., other than those specified above.
18. Contingent upon continued management of the Dinner Key Marina
by the City of Miami, and contingent also upon the premise that the
tenants of either Pier 4, Pier 5, or Bulkhead slips 16 thru 64, at
Dinner Key Marina will voluntarily vacate their berths or that the City
involuntarily relocates tenants from any of these three locationsinto
equal or better slips elsewhere in Dinner Key Marina, under the provisions
of City Code Section 50-44, providing transient slips are available and
conditions in Paragraph 19 below, in order toutimately
a maximum total of twenty-five (25) slips, the City does hereby
grant. unto the User the privilege of entry upon and use of the facilities
Pier 5, or Bulkhead slips 16 thru 64, or a combination
of these) of the municipal. facility of the City of Miami known as Dinner
Key Marina,'' for the purpose of conducting watercraft displays
said' use being subject to the various terms and conditions hereinafter
provide
theUsersatisfies
of either Pier 4
thereon,
set forth below.
19. User must pay the; transfer costs 'of any tenant who is involuntarily
relocated, plus a sum equal to one month's rent of theslip from which
he is relocated, along with the cost for an extensionof the tenant's
telephone to his temporary slip if the tenant so desires.
20. The period of said Pier use shall be a term
of five
years,
with the specific time periods within each of said years being set forth
in Schedule "A" attached hereto.'. _ The ;term' of said, Pier use shall also
be extended to coincide with
this
the five-year optional extension periods o
Agreement referred to in Paragraph 3 hereof
option is exercised.
if the said extension
21. User shall be entitledto use of said Pier only in conjunction.
with :the staging of itsannual, public event presently known as+Miami 's
Summer Boat Show.
22. User hereby agrees to pay the City a sum which will;.be
annually computed, plus tax, forits use of Pier 4, Pier<5,'or`Bulkhea�
slips 16 thru 64, during the years of this Agreement and during
.,. 79- 394
the time periods set forth for said use in Schedule "A" attached hereto,`.
and during the option period, if exercised. The annual fee which the
User shall pay for itsuse of Pier 4, Pier 5
64 shall be thetotal of the following:
. The total number of transient slips utilized by
the User, on Pier 4, Pier 5, and Bulkhead slips 16 thru 64, multipied by
the number of days that these slips are utilized by the User, for boat
show exhibits, and the product thereof further multipied by;the 'Dinner
or Bulkhead slips
16
thru
Key Marina transient rate of twenty cents ($.20)>per foot (per day).
b. The total number of slips involuntarily vacated on
Pier 4, Pier 5, or the Bulkhead slips'16.thru 64, multiplied by the
number of days that these slips are vacated on behalf of the User, and
further multiplied by the Dinner Key Marina live -
Per foot (per day), except for bulkhead
the product thereof
aboard rate of ten cents ($.10)
slips which will be five cents ($.05) per
c. In the event, tenant(s) from Piers 4 o
foot (per day) .
5 or the
Bulkhead voluntarily, sub -lets space to the User,' the City shall grant
the User the first right of refusal to any available transient slip(s)
to accomodate said tenants) at the rate(s) specified in sub -paragraph
case may utilize more than
(b) above. The user in this
twent-five (25) slips.
23 User agrees to assume full responsibility for the removal of
•
any and all exhibition vessels
authorized ,to use slips at Dinner Key
Marina, onor before the dates of termination of said use as
in Schedule "A" attached hereto, and any extension', thereto resulting
from exercise of the option granted in Paragraph 3 of this Agreement.
In the; event User fails to timely remove all vessels from said slips on
or before the
set forth
termination date set forth in Schedule "A", the User
agrees to pay two hundred dollars ($200) per vessel per day (or portion
of a day) as liquidated damages for such failure.
24. The User shall have the right to permit other parties to use
the subject slips rented by him. However, the City reserves the right
to require the User terminate
V/".1 be committing
4 =
the dockage rights of, any party found to
slips, or who may be found to have
25. The use herein granted includes the, use of existing
facilities for electricity and water to the subject slips but
illegal or immoral acts while occupying any of the rented
a previous record of having done so.
excludes use o
existing telephone installations.Said use o
electricity and water shall solely be in conjunctionwith the
exhibits of Miami's Summer Boat Show.
26. During the period of any use hereunder, the User,
agrees to provide such personnel as may be reasonably deemed
necessary by the Dockmaster of the Dinner Key Marina perform
the function of dock attendants and security guards. It is
further agreed that User may erect signs, as approved by t
Marinas Manager, indicating that the boats and marine equipment
located therein are officially connected with and are a part of
Miami's Summer Boat Show.
27. The User agrees to take, whatever steps may be
reasonably required to provide for the safety of.visitors and
other parties making use of the slips used for exhibition
vessels.
28. User hereby agrees that the same
indemnifications
and insurance provisions as hereinabove set forth for it
the "Building shall also apply to its use of'the Pier.
s use of
29. Should the City grant a private operator the right
operate the Dinner Key Marina, such grant shall specifically
providethat it is subject to and conditioned uponUser's right
to use the present Pier `4:, Pier 5 or Bulkhead slips 16 thru
or in the event of reconfiguration of the Marina, equivalent:
slips, during the periods User has the right to use e
Pier 5, or Bulkhead .slips 16 thru 64,;under the terms of this
ither Pier 4,
shall be an amount..
or transient rental
said pier multiplied
Agreement. For;, said use, the cost to User
no greater than the total ofthe normal daily
rate then in effect for< each of the. slipson
by the number of days of actual ,use
30. The parties hereto agree
the option, upon no less than six (6) months written notice to
the City, to cancel its use of Coconut Grove Exhibition Center
for any.of the particular Summer' Boat Shows set forth in Schedule
•
that the User shall have
"SUPPORTIVE
FL
IlAn
79-394
attached hereto.
1 under
to cance
of its
of its
Coconut
In the event that User exercises it's option
this
paragraph, it
shall thereupon be relieved
obligation under this Agreement
with regard to -forfeiture
cash- performance deposit for the canceled show.
31 The parties hereto agree that in the e
Grove Exhibition Center, or Pier 4, Pier 5,
vent that
or
or Bulkhead
slips 16 thru 64;,,or. equivalent. . slips, is condemned, or :so damaged
due to fire, windstorm, or other catastrophe, that the City or a
subsequent private operator of Dinner Key; Marina decides not
Agreement to be
32. In the event City:determines that the-. Coconut Grove
Exhibition
for
Center shall no longer:,be: utilized as a -facility
trade or
or if it -is
standards-, t
not at least equal said industry. standards, the:City may elect
mi to'ternate this Agreement provided
not be effective until eighteen,(18)
public exhibitions',
Or other events
of=this nature,
determined by the
hat . the User,'s:
has been:delivered to' User.
City, using reasonable
industry
performance: -under this Agreement does
that said termination shall
months after<written-notice
The City hereby agrees that, during the ,term o
this. -Agreement, so long
the -City will
not grant the use of the subjectpremises, within
sixty (60) days before or after any one
of ,the Summer Boat;
Shows shown in Schedule "A",; for the purpose of conducting
thereat a show which, inthe reasonable judgment -of the City
Manager of the City, constitutes a similar or competitive show.
At the, discretion of the
protection period may be extended to apply to all City facilities
for the term of this Agreement subsequent to the 1979Summer:.
User shal]. not assign'this -Agreement or sublet the
premises or any, part thereof, or any other privileges granted by
- 10 -
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.
35. All unlawful provisions shall be deemed stricken from this.
Contract, and shall be of no effect. Upon the application of either party,
the unlawful part shall be considered stricken without affecting the, binding
force of the remainder of the Contract.
36. This Agreement contains the entire understanding of .the Parties
hereto concerning the subject' matter hereof, and no modification, release,,
or waiver of any of the provisions hereof shall be of any force and
discharge
effect unless
Pier 4
in writing and` signed by both parties.
37.- Any referencto the.invo untary relocation of tenantsoig
and/or Pier 5by the Cit , under this Agreement, refers only. to the
�
show (:1979).as per the attached Schedule Anr until the existing; dockage
first
Agreements with said tenants expire (whichever comes later), thus enablingthe
City to make•available the requisite number of slips, as heretofore agreed upon.
38. 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
agentor agents of
the respective pa,'ties. 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
and conditions of this Agreemen't.'
o the terms
39. 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'.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their officials tt_ereunto duly authorized.
ATTEST:;-.
By
"SU PPORTIVE
DOCU!VIEN S
FOLLOW'
CITY CLERK
THE CITY OF;MIAMI, a municioal.
corporrtion of the State of Florida
8
CITY MANAGER
-11-
79.394
MIAMIWS SUMMER BOAT SHOW, a`Division
of.Positive Results, Inc.
ATTEST:
APPROVED AS TO FORM AND CORRECTNESS:
F. KNOX, JR.
CITY ATTORNEY
Atie
(Referred to in Agreement for use of Municipal Facility between
City of Miami and Miami's Summer Boat Show, a Division of Positive
Results, Inc.,a Florida Corporation)
Five (5) year schedule of Sumner Boat Show dates at the Municipal
Facility known as Coconut Grove Exhibition Center.
1979 June 25 July`4.
1980 July 7 -. July 16.
1981.July 6 - July 15..
1982July 5 -July 14.
1983 July 11 - July 20.
"SUPPORTIVE
DOCUMENTS
FOLLOW"
•• 79- 394
i
a
Sec. 17.325. De initions.'
For the pur oyes of thi division.
efined as fol}ows
follow
ecorativc material. All s eh m. terials as cur
erie struters, surface cove ingsapplied over t
interiK fi ish for decorative, , c9ustical or other p
also clo cotton batting, straw. 4ines, leaves, tre4s a
used for ecorative effect, not i uding floor coiverin .
nary w nd w shades, nor ma .ria one-fortiep' of an
or 1es in th kness applied d' ectly o and adj+ering tight
a no combus 'hie base.
l' ►.cc of toss ul►ly. A r.om or spacus it for assembly
edu ational occu ancy fo one hundred o/more occupants
w ch has a flop areof one thousai d and five hundre
:are feet or moi u ed for such pu i ' ses. Such room or
pace shall include a similar occupi d ,onnecting room or
space in the same stor, , or in a story o/ stores above or below,
where entrance is comon to the rooms or spaces. (Ord. No.
7431, § 1.)
Sec. 17.326. Permit required; fees.
(a) No place of assembly, as defined in section 17-325, shall
be maintained, operated or used as such without a permit; ex-
cept, that no permit shall be required for any place of assem-
bly used solely as a place of religious worship. The cost of the
permit fee shall be fifteen dollars.
(b) No place of assembly which has received approval and
licenses to operate for one purpose shall change the use of the
occupancy for any other assembly purpose without first ob-
taining a permit from the fire department for such use. The
cost of the permit fee shall be twenty-five dollars. (Ord. No.
8024, § 24; Ord. No. 8557. § 6.)
3. May be measured by folding a piece to five thicknesses and measur-
ing to see if the thickness of five layers exceeds one -eighth inch.'
8upp. • 30, 7-76
...
•
of
' AGRREMFNT FOR P1f 115E OF
MUNICIPAL FACILITIES
THIS AGREEMENT made and entered into this day
1979, by and between the City of Miami,
a municipal corporation of the State of Florida', hereinafter
referred to as "City" and Miami's Summer Boat Show, a Division
of Positive Results, Inc., 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
agreement providing certain terms: for the use o
facility by the User f or its Summer Boat Show.
NOW, THEREFORE, for. and in consideration of the mutual
covenants hereinafter contained, the parties hereto do hereby
entering into an
f the„ aforesaid
agree as follows:
The City does, hereby grar6t unto the User the
privilege of entry uponor into the municipal `facility 'of the
City of Miami known as Coconut Grove Exhibition Center
after referred to a
'Building", located
herein -
at 3360 Pan American
Drive, Miami, Florida, under the terms and for the purpose
period of time hereinafter set forth.
2. The said facility shall be entered upon or into
for the purpose of conducting therein the annual Summer. Boat
Show as
and
set forth on Schedule "A" attached hereto;, and : for n
other purpose.
3. The period of said use shall be for a term o�
five (5) years, in accordance with thespecific time periods
within each of said five (5) years as set forth If Scl dule
attached hereto. Additionally, the User sh have (option to
..
extend his periods of use for said . Summer: Boat hows'"for one
additional consecutive five-year te The exercise of the option
term shall be contingent upon User's not being in default
any acts required of User during the precedingterm.-
User fails to present :any one of the annual Summer, Boat _Shows.
as scheduled,
covered by this Agreement
for two
successive years
',then the City reserves the right to immediately terminate
User's right to present any.further Summer :Boat Shows;under-
the terms of this Agreement
failure to present" any one of the scheduled Summer Boat -Shows
is cause he is moving that particular Summer, Boat Show to.
e
be
If, however, the reason for
User's
another'facility in -the South Florida area, then the City may,
immediately upon first notification of cancellation of the show,
terminate, the User's right 'to
present any
Shows under the terms of this Agreement..
or
further Summer -,Boat
4°. The City shall be identified as "The City of Miami"
Miami" in all press releases and other promotional materials
prepared by_the
User and/or his staff.:
be.included.in all -the:-above
5. User
material.'
This identification shall
hereby agreesto pay. the
City, for,
the
useof
saidfacility, an amount in accordance with whatever standard
rate schedule for use thereof may be adopted by the
time to time during
City from
is.= understood
and agreed by the parties hereto that the rates established for
in thee. same manner as rates for all other
User
users
shall be computed
of said facility presenting an eventof similar type
or
scope during the period :for which any particular rate schedule
is
the
adopted.
-It is further .understood and agreed by and - between
parties that the User will furnish to the City a,cashper
T'rousand.Dollars
($5,000)
for mance deposit .amount of,:Five
within ten (10) calendar days A after the execution of this
Agreement. Said cast. -performance deposit. shall remain in -effect
in the
until after the User
s.1979 -event, at
returned to the User except that
which time it will be
it will be forfeited: to. the
City -if the User -cancels that Summer Boat Show. before: its scheduled
final date. If the cash performance deposit amount is not for
feited,'the User may utilize it to apply toward the facility
rental amount for each event, if he so desires.
With regard
to User's events in 1980, 1981, 1982, 1983, and subsequent
option years, User shall furnish to the City a cash performance
deposit in the amount of Five Thousand Dollars ($5,.000) at least
six (6) months prior to the scheduled final date of
Said cash performancedeposit; shall remain in effect until
each event
after the particular annual event for which it was deposited,
at which time it will be returned to the User unless it is for-
feited to the City by cancellation of that particular event by
the User, during the six (6) month period prior to the scheduled.
final date of that event. If. the cash performance deposit is
not forfeited, the User may utilize it to apply toward his
facility rental amount for each event, if he so desires. In
the event User fails at any required time to post said cash
performance deposit, upon .ten (10)' days written notice
to do so the City shall have theright to contract ,'with
parties, for ,`the -period of use scheduled for that particular
Sumner Boat Show. User's liability for failure to>conduct any
scheduled Summer Boat Show without giving ,the .required.notice
of cancellation shall be limited to the. penalties specified
in Paragraph 3, hereto, and forfeiture of the posted Five
Thousand Dollars ($5,000).cash performance deposit amount.
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 due to Said .City,for additional services or
accommodations of materials furnished. to said; User, as may, be
agreed by the parties hereto.
7. The User, ',hereby covenants and agrees to;defend`,.`,
indemnify and save
of. intention
other
suits , actions for m,
daages;,or n causes of"actioarising during,
the term of this Agreement,,.: for any personal -injury,. loss: of
life, or damage to property, sustained by reason of or as -a.
result
lessress
the User's (its agents, employees or workmen) care-
or negligence; from and against any order, jud`gments
3
or decrees, which` may be entered thereon; and from and atainct
all costs, attorneys' foes, expenses and
liabilities incurred
n the defense of any such claims and the investigation 'thereof.
8. No later than five (5) days prior to commencement
of each of the Summer' Boat Shows referred to by Schedule "A"
hereto, and during the option period, ifexercised, User shall
provide to the City, 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 Summer Boat 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 exhibitors to the premises of the "Coconut Grove
Exhibition Center. In satisfaction of this requirement,"User
may, at. -his option, place two thousand dollars ($2,0
City account 'on which interest will accrue to User's
from which amounts will be withdrawn whenever it b"eeomes
for the City to do so to reimburse the City for"damages
by User or his exhibitors to' the premises of the Coconut Grove.
Exhibition Center. If any funds utilized
account result in a reduction of its ;bala
dollars ($2,000), the User shall restore
the, two thousand dollar.($2,000) level wi
00)` into a
benefit, and
necessary
caused
by the" City from this"
lance to below two thousand
the account balance to
(10)': days of
hin ten
receipt of a request from the City'. to do so.
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.`
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 Summer
Boat Show,` at the expense of the User; or to charge
the same rate established for use of the facility,
or part of the day that said effects remain
of the facility after the end of the period of each Summer Boat
Show. For purposes of this provision, "dismantle time" sh
storage,.at
for each day
in or on the grounds
all be
considered to be a part of the term of the use.
11. User agrees to provide
a diagram of each proposed
Sumner Boat Show layout to the Office of Fire Prevention, 3342
Pan American Drive, Dinner Key, Miami, Florida, 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`
"Rules and Regulations for Use of City of Miami Municipal.
Facilities," that the provisions thereof are fully understood,
and that by execution
this Agreement User certifies that he
will abide by each and every rule and regulation set outwithout the need to
• - - - sa. a -rules and regulations set
particularly in this Agreement. It
agreed thatif the aforesaid rules and regulations
way changed
therein
forth
further understood and
r amended during the terrn of this Agreement,
shall be subject to the terms and; conditions
or amendments. In the event that
is in conflict with any provision
sions set forth in this
are in any
User
f any such changes
any such rule or regulation
of this Agreement, the
Agreement shall apply.
13. User agrees that he shall not under any
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.
proposed entire
bition Center Manager's approval prior to`either ;distributing
the layout for public consumption or selling any of the
space. Such approval shall not be unreasonably withheld..
15. User understands that the exclusive privilege
he has read the
provi-
circumstances
4. Useralso agrees to provide a diagram of each
Summer Boat Show layout , annually for, the Exh.i
exhibit
for sale of' food and beverage on the Coconut Grove Exhibition
Center premises has been granted by the City to
a concessionaire.
a
User, therefore, shall -not be permitted to sell or permit the`
sale of any food and/or beverage in connection with any of his
Summer Boat Shows without concessionaire approval, except for
packaged food and beverage sold not
insurance
for consumption on premises.
16. User hereby agrees to provide public liability
with 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 in-
surance from User's then current policy and a copy of a
menu naming the City as an additional insured thereunder*
n endorse-
(b) Purchase a policy with'the required limits
to specifically cover each event, naming 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 b
event User chooses this method, and in the event
the
y.the City. In
there.
deductible for occurrence on bodily injury and' Property
damage coverages under said special events policy, the User
will be liable for thepayment 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
Summer Boat Show of the method of providing said
by the User.
each scheduled
insurance
chosen
•
•
17. The City hereby agrees that, during the term of
each Summer Boat Show presented by the User, the City wi11:
furnish, at its expense, light for ordinary use, water .for all
reasonable purposes, janitorial service, restroom supplies,
show' tine
it conditioning for reasonable periods of time ;(not
including setup or breakdown), and all otherservi`
ordinarily provided by the City or other'; users of
ces supplies
the facilities.
and
The City hereby agrees to furnish at User 's`request air
.
condition -
ins; during:show setup and breakdown, for which service User will.
- 6 -
reimburse the City the actual cost incurred by the City for such
service. User will pay for'any:utilities or services provided at the
request of User, other than`;those specified above,;
1.81 Contingent, upon continued management o
•
Marina ;by the City 'of "Miami,
the tenantsof either Pier
4
the Dinner Key
the premise that
16 thru 64,
and contingent also ttpon`
Pier 5,'or Bulkhead slips
at Dinner Key Marina will voluntarily vacate their berths or that the
City involuntarily relocates tenants from any of these three locations
into equal 'or better slips elsewhere ;.n Dinner Key Marina, under the
provisions of City Co
available, in order t
Code Section50-, providing transient slips are
o ultimately provide a maximum total of, twenty-five
does hereby grant unto the User "the. privilege of
(25) slips, the City
entry upon and use of the facilities of either. Pier U, Pier 5, or
Bulkhead slips 16 thru 64, (or a combination "of these) of
facility of the Cityof Miami known as Dinner Key "Marina,`
the municipal
for the
purpose of conducting watercraft displays thereon, said use being
subject to the various termsand conditions hereinafter°set forth
In addition, the User may utilize Motion'79-285,
below.
additional sly
19.
slips
are required.
'Jser"must pay any
0 one month's rent
a sum equal t
and User must also
in the event
tenant who. is involuntarily relocated
ofthe slip from which he is relocated,
pay "for an extension.of the teriant's telephone to
his temporary 'slip if the tenant, so desires.
20.
The period
f:said Pier use shall be a term of
five (5)
being
years, with ,the specific time periods within; each of yearssaid
forth in Schedule "A" attached "hereto. The term of
shall also be extended to coincide with the five-year ,optional
sion periods of this Agreement referred to in Paragraph 3
the said extension option is exercised.
set
21. User shall be
conjunction
known
as
said Pier use
exten-
hereof, if
entitled to use of said Pier only';in.
with the staging of its annual public event
Miami's Summer Boat Show.
presently
22. User hereby agrees to',pay the City;a sumwhich will be
annually computed; . plus tax, for its use of Pier L, P.ier 15, ,:or Bulk-
head slips 16 thru 6iI, during the years of this 'Agreement and during;
thereof
to 11
� it 11
.. ,..11 ;IL-,-:L ds set 1111� Vr� a. V� ♦r1�.�\.♦ U6e .�\♦ Sc �_ e
and during the option period, if exercised.:,The annual fee which the
User
shall
pay for its use of Pier 4, Pier 5, or Buikkhead slips
thru 64,shall be the total of the foliowi.ng:
a. The total number of transient slips:utilize
User on Pier
Pier 5 and Bulkhead slips
16
by the
16 thru 64, multiplied by
the: User, for boat
by the
utilized by
multiplied
the number of days that these slips are
show exhibits, and the product thereof further
Dinner Key Marina transient rate of :twenty cents ($.20) per
day).
foot (per
b. In the event that the City must involuntarily relo-
ny tenants of Pier 4, Pier 5, or Bulkhead .slips 16 thru 611, the
number of slips involuntarily vacated multiplied by the number
cate a
total.
of days that these.
product
slips are vacated
behalf of the User, and the
further multiplied by the Dinner,:Key Marina"
aboard rate of ten cents ($.10) per foot .(per day), except for
slips which will be five cents :(4;.05) per foot (per day).
23. User agrees to assume full responsibility for the
of any and all exhibition vessels aut'norized"to use slips at Dinner
Key Marina, on or before the dates of termination of ` said use as set
forth in Schedule "A" attached hereto, and any extension thereto result-
ing from exercise of the option granted in Paragraph 3 of this
ment. Inthe event User fails to ,timely removeall vessels
or before the termination date set forth in Schedule
live -
bulkhead
removal
slips on
Agree -
from said
to pay two hundred ,dolla.rs($200) per vessel per d
o a day) as liquidated damages for such failure.
24�. The User shall. have the right to permit
User' agrees
portion
'A", the
Y: ku,
other, parties
the City reserves
to use the subject slips rented by him. However,,
right to require that User terminate- the dockage rights of any
the
party found ; to be coim sitting;•
iliep e l
any of the rented slips, "or who may be
of having doneso.
or immoral; acts while
found o thave a previous.
25. The use herein granted includes the use of
facilities for electricity and water to the subject slips, but
nccltpy:f.n^;
record
existing
excludes use of existing telephone installations. Said use of
electricity and water shall solely be in conjunction wits, the
exhibits of Miami's Summer Boat Show.
26. During the period of;any use. `hereunder, the User
agrees to provide such personnel as may be reasonably deemed
necessary by the Dockmaster of the Dinner Key Marina to" perform
the function of dock attendants and security guards.' It is,
further agreed that User may erect signs, as approved by the
Marinas Manager, indicating that the boats and marine equipment
located therein are officially connected with and are a part of
Miami's Summer Boat Show.
27. The User agrees
take whatever steps may b
reasonably required to provide for the safety of. visitors and
other parties making use of the slips used for exhibition
vessels
28. User hereby agrees that the same indemnifications
and: insurance provisions . as hereinabove set forth for its use of
the "Building" shall also apply to its use of the Pier.
29. Should the City grant a private operator ;the right
to operate the Dinner Key. Marina) such grant shall specifically
provide that it is subject to and conditioned 'upon;.User's right
to use the present Pier ier 5 Bulkhead slips 16 thru 64,
or in the "event "of reconfiguration of the Marina, equivalent
slipuring the. periods User has the right to use either Pier
Pier 5, or Bul.chead slips 16 thru 6, under the terms of this
Agreement. For said use, the cost to User shall be an amount
no greater than the total of the normal daily
rate then in effect for each of the slips on,
by the number of days of actual' use.`
The
r transient
rental
said Pier.multiplied
parties hereto agree that the User shall have
the option, upon no less
than six
(6)
months written notice to
the City, to cancel its use Coconut Grove Exhibition Center
for any of the particular Summer Boat Shows s'et 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 r ec;ard to "fo
of its cash performance deposit for the canceled show.:
31. The parties hereto agree that in the event that
Coconut Grove ".Exhibition Center, or Pier 4, Pier
slips 16 thru 64, or equivalent slips, is condemned;
rfeiture
5, or Bulkhead
or so damaged
City or a
due to fire, windstorm, or other catastrophe, that the
subsequent private operator of Dinner. Key ,Marina "decides n•
to repair or rebuild, either party may cancel, terminate or
•
declare' this Agreement to be null and void.
32. In the event City determines'"that the Coconut
Exhibition Center shall, rio longer be utilized 'as a facility•
for trade or public exhibitions, or other events of. this nature,
or if it is determined by the City, using reasonable industry
standards, that the User's performance under this Agreement does
not at least equal said industry standards,
to terminate this Agreement provided that
not be effective until eighteen (18) months
t
Grove
the City may elect
said termination shall
after written notice
has been delivered to User.
33. The City hereby agrees t,tiat, durl.ng the term of
this
tine
Agreement, so .long as User
City will not grant the use
is not in violation thereof,
of the subject premises,
within
sixty (60)'days before or after any one of the -Summer Boat:
Shows shown in Schedule "A", for the purpose "of"conducting
thereat a. show which, in the reasonable judgment "of the City
Manager of the City,"coastitutes a similar" orcompetitive show.
At the discretion of the City Commission;` this sixty ; (60) day
protect ion, period may be extended to apply to all City
for the term of this Agreement subsequent to the 1979'Summer
facilities
Boat Show.
34. User shall not assign this Agreement or sublet t'ne
premises or any part thereof, or
any
other privileges granted by
10
this Agreement, without firs
i
o.. the City ManaMiami. rer of-,the��City. of ��.,��-. Said consent shall
not be unreasonably withheld
t obtaining the prior written 'consent
35. The :parties hereby agree that all terms'
tions?of this written Agreement shall bebinciirLg upon the
their heirs and assigns, arid cannot bevaried or waived
and condi-
parties,
an
orairrepresentation or promise of any agent; or other person of
the parties hereto unless the same be in writing andmutually
signed bythe duly authorized agent or agents of the
respective
parties. In the event the City relinquishes ownership
controlof the subject facilities during the terms
meat, the City's successor specificallyshall take said
and/or
of this Agree -
facilities
subject to the terms and conditions of this Agreement.
36. It isunderstood 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
hereof.
reason
IN WITNESS WHEREOF, the parties hereto have caused
this Agreement to be executed by their officials thereurito duly
authorized.
ATTEST.:'.
By
ITY CLERK{
ATTEST:
SECRETARY
THE CITY:OF MIAMI, a municipal
corporation of the State of
Florida
CITY -MANAGER
MIA:11I' S SUMMER BOAT SHOW, a Division
of' Positive Results, Inc.
By
APPROVED AS .O FORM AND CORRECTNESS:
GEORGE °F. 4NOX, Jii. , CITY ATTORNEY
11
PRESIDENT'
(Referred to in Aree:ient for use of Municipal Facility between
City of Miami and Miami's Summer Boat Show, a Division of,Positivo
Results, Inc., a Florida Corporation).
Five (5) year schedule of Summer Boat Show dates at the Municipal
Facility known as Coconut Grove Exhibition Center.
A
•
7-6
•
.!l'o•
§ 17-325 FIItE PILOT:MT:ON
Di‘ 6143N 26. PLAcEs Or AsSEMD Y. ,
the pur, oses of hi.
t clivision, 0 ., __.
Fori. e
. teric flpish for (ecorative.*ing. applied over tl s
ustical or other . building
, drap
325. De initions.
°fined as fol ows: f°i'ew g term
1
cries artaretiavi :rnsc.ttseurii!tfla.cAe lclosviech mr,eria.s AS cur
eZ ...1' ect. and
'also clot 11 cotton batting, straw. Ines, leaves, t're s a d MOSS
used for k2corative effect, not i Lludinit floor co iering. ordi-
nary w 11411kw shades, no.rimiz ‘ria s one-fortie i $ of an incli
or les. in tlil Isiless alrolieu ( •ectly o and ad'xering tight v to
A tiorcomi)us l•le base.
1'1 tee of iiss..)ibili. A rioom or spac• (I for. acscsueln1111.)ntys 0
i
wl ell has a floo. are. of one tliousai d and five litilidre•
edti atiuillti oeeili alicy fo one Iluil(lred )sinesoi e o . .
se lare feet or . • •• • onneSctuicnigl rr°o°oInan or
r
' rnoi u ed for such pu .
)ace shall include al similar occupl
space in the same stor., or in a story o stoi es above or belo..v,
.
,/\where entrance is eonti on to the rooms or gpaces. (Ord. No.
7431, § 1.)
Sec. 17-326. Permit recluired; fees.
(a) No place Of assembly, as defined in section 1.-325, shall
be maintained, operated or used :Is such without A permit; ex-
cept, that no i)ermit shall be required for any place of assem-
bly used solely as a place of reous worship. The cost of the
permit fee shall be tftcsbn
l,do‘villalircsh. has receive a
d pproval anti
(1)) N° 1)11.1" °C assem I the use of the
licenses' to operate for one purl)os.te 5han C lain° .
cy for any otlier asseln1.4 purpose without first ob-
°tIc‘°11-11.iriTgna". permit from the fire depart,inent for such use. Tile
cosh of the perinit fee sha '.1 1.)e twentyt-o.ive dollars. (Ore.. No.
3°024, § 24; Ord. No..3557, § G.)
3. May be ure. 1 by folding a picco to fivo thielcn.esses ?r...1,imeabur.
meas.
ing to see if the thickness o: i/Vo lay...r� exceeds ono•eiglith ar......
. - • - , • • • ..
' .
•
•616 •
R7SOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO EXECUTE, ON BEHALF OF THE CITY, AN
AGREEMENT WITH MIAMI'S SUMMER BOAT SHOW, .
A DIVISION OF POSITIVE RESULTS; INC., FOR
THE USE OF COCONUT GROVE EXHIBITION CENTER
AND CERTAIN SLIPS AT DINNER KEY MARINA,
FOR PRESENTATION OF FIVE SUMMER BOAT
SHOWS, IN ACCORDANCE WITH THETERMS" AND
CONDITIONS CONTAINED IN THE ATTACHED AGREE-
MENT.
WHEREAS, the`. City is the owner of a facility known as
Coconut .Grove ,Exhibition Center and 'a marina known as Dinner
Key
Marina; and
WHEREAS, the parties are mutually desirous of
into an agreement providing: certain terms for User's use of. the
Coconut Grove Exhibition Center and certain slips at Dinner Key
Marina for a Summer Boat
Boat Show
Show; an
entering
WHEREAS, the City. Manager recommends. that Miami''s
be permitted. to utilize the building known as Coconut
= .-. Grove°Exhibition Center and certain slips a
NOW, THEREFORE, BE IT RESOLVED BY
Summer
Dinner,-KeyMarina;
THE COMMISSION OF
CITY OF MIAMI, FLORIDA:
Section 1. The City Manager is<hereby authorized tc
THE
execute, on' behalf of the City, the°attached Agreement for the
of the Coconut GroveExhibition Center and certain slips'' at Dinner
Key Marina, for pre sent ation „of five annual Summer Boat 'Shows under
the terms' and conditions, contained in the said. attached
PASSED AND ADOPTED -this `. day'of
use
Agreement.
1979.
MAURICE A . ;:FERRE
MAYOR
ATTEST:
Ralph
. Ongie, : City ClerS
PREPARED AND APPROVED BY:
APPROVED
AS TO FORM AND CORRECTNESS:
George r .° Knox, 'Jr., CITY ATTORNEY
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO:
FROM;
Joseph R. Grassie
City Manager
0.. .
ob-rt Jenn •s
Dire9' . of St-: iums and Marinas
DATE:
May 24, 1979
FILE:
SUBJECT: Relocation of Dinner :Key
Marina Tenants for Miami's
Summer Boat Show
REFERENCES, .- City Commission. Motion
No. 79-316
ENCLOSURES;
This is to advise that the Department intends to comply fully with
the provisiOflS of the referenCed Motion, which provides that if the
City Administration is unable to achieve" voluntary removal of vessels
to accommodate ".Mr. Logan's need for twenty-five- (25). slips for his
Summer Boat Show, the City AdministratiOflwill:
1. Proceed with the removal of vessels under Section 50-4
of the City Code to provide the needed slips. (up to a maximum of
25sl.ips) ;
2. Ensure that like or better space at Dinner Key Marina
(excluding Pier 1) be provided to anyone required to move;"
Ensure that transfer costs
move be paid by Mr. Logan;
4. Ensure that telephone disconnect": and reconnect
costs for those so moved will be paid by Mr. Logan; and
5. Ensure that one`month's rent be paid by M
marina:, tenants so required to move.
RLJ/bbb
IIIIIII IIII IlIIIIul ■IIIII
G1'TY. or MIAMI, FLOIIIDA
INTER-OPFIC4 MLMORANCU}>I
To, Joseph R. Grassie
City Manager
PROM t Dep
. • IJennin;:,s, Director
rtiment o Stadiums and Marinas
0,41.E, May 18, 1979 PILE!
,W1JCCT: Five-year Agreement between
City and Mr. Victor Logan re
Miami's Summer Boat Show.
IMPtitENCEel
ENL:.Lt7suREs, (1) Subject Agreement.
(2) Resolution.
This Department has now completed. its negotiations with
Mr. Logan, and Enclosure (1) hereto represents the product
of those deliberations. The significant aspects`of this
Agreement are as follows:
It is a 5 year agreement with an option available
to the User (Mr. Logan) to extend it for an
additional 5years. (Para. 3).
It permits User to use Coconut Grove Exhibition Center
and certain slips;. at Dinner Key Marina only during
specified periods (Schedule "A" to the :Agreement).,
City may terminate the Agreement for
(Para. 3).
(1)
(3 )
certain
cause
(4) User.•pays for. Exhibition Center in accordance with
rates,existin at�time of`use, and puts up,a $5,000
g
cash performance `deposit as well.as a $2,000 damage
deposit. (Paras. 5 and 8)
User` may ;use certain slips'at `Dinner Key Marinna in
accordance with direction; given by City Commission
•
Mo.t;ions: 79-285. and 7 9-316 (Paras . <18 and 19)
(6) City provides User with a 60-day before an•d a•fte•
r
protection period at6Coconut Grove` Exhibition.Center
�forthe.,1979 event. Extension of,this protection,to
all City facilities is .left to City Commission discre
tion`subsequent to 1979. •(P•ara 33).
(7) Other provisions. of the Agreementare standard legal
requirements or standard City clauses governing...
insurance,; sub -lease, etc., and equate to the provisions
Page 1 of
3
4
Joseph,-R. Grassie
May 18, 1979
in the Agreement of the Miami: Dinner Key Boat Show
'(the October event).
It is now in order for the City; Commission to authorize the
City Manager to execute'. the subject'; Agreement on behalf
of the. City.
The Department of Stadiums, and Marinas recommends the adop-
tion=of the attached Resolution (Enclosure 2),authorizing'
the City to execute; the subject Agreement' on behalf of the
City.
a
1 II III1111111IIIIIIINIIIII