Loading...
HomeMy WebLinkAboutexhibit21. Definitions A. "Department" shall mean the City of Miami Department of Economic Development B. "Property Users" shall mean the following entities: Miami Overseas Chinese Association ("Dragonboats") Miami Rowing and Watersports Center, Inc. ("MRWC") Swim Gym Aquatics, Inc. ("Swim Gym") 2. Services and Use Areas A. Basic Services. Licensee hereby acknowledges that the following are the Basic Services provided by each Property User currently authorized to operate at the Property: i. Dragonboats ■ Provides dragonboat paddling activities weekends from approximately 9:00 AM - 2:00 PM ii. MRWC Provides masters and similar rowing and paddling activities weekdays from approximately 5:00 AM — 8:00 AM and from approximately 5:30 PM — 7:30 PM and Saturdays from approximately 5:00 AM — 10:00 AM • Provides outrigger canoe paddling outside the basin Wednesdays from approximately 5:30 PM — 7:30 PM and Saturdays from 8:00 AM — 11:00 AM. • Provides youth rowing including use of weight room during the months of September to June on weekdays from approximately 3:30 PM — 7:30 PM and on Saturdays from 8:00 AM — 12:00 PM. • Provides youth rowing for the months of June and July on weekdays from approximately 8:00 AM — 11:00 AM. Swim Gym, MRWC and the Department shall review this program's operations every two weeks to ensure they remain compatible and that strict supervision is provided as set forth herein. MRWC shall schedule the start dates of its youth rowing during June and July so as not to conflict with the start dates of Swim Gym's summer camp during the same months. The Department shall have the right to make programmatic changes in the event Swim Gym's summer camp and MRWC youth program develop operational conflicts which could include, but is not limited to, restructuring hours of operation, requiring additional supervision or canceling the program. MRWC shall hold harmless Swim Gym and its officials, 3/16/2005 1 iii. Swim Gym Provides a suMmor camp program including alienate during the months of June and July, weekdays from approximately 9:00 i' - 5:30 PM. Provides air camp water skiing. during the months of June and )uly,.weekdays from approximately 3:00 PM— 5:30 PM. Provides adult swimming classes and Learn to Ste. program during the months of August and September >3. Additional Services Each Property User may from time to time utilize the Property for "Additional Services" upon the expressed written approval of the Department. An Additional Service is hereby defined as a program or service that is consistent with the Permitted Uses more fully set forth in the respective Property User's License Agreement with the City and which Additional Service is offered on a. routine or continuing basis, ie. not a one tfrne event. C. Special Events The Department shall have the sole authority and responsibility for authorizing Special Events al the Property including the collection of fees in connection therewith and establishing permittee liability insurance requirements, to utilize the Property for a Special Event. Any inquiries to the Property User for a Special Event should be referred to the Department. The Departmentshall consult with the Property Users for the purpose of informing them of the requested Special Event and obtaining their input. The Department, in its sole discretion, may issue a permit for the requested Special Event. In the event the City issues a permit, the City shall have the sole responsibility to clean the Property and repair any damages resulting from the Special Event, or cause same to be cleaned and repaired. For purposes of this Agreement, the term "Special Events" shall mean activities at the Property, which exceed the scope of the regular program activities, which are conducted at the Property. If a Property User elects to have a Special Event, it shall, at its sole cost and expense, obtain the prior written approval of the Department, obtain all applicable permits and pay any and all other costs associated with the issuance of any permits including, but not limited to, the cost of additional insurance, off -duty police, fire -rescue services or cleanup services related to the Special Event. D. Use Areas i. Each Property User shall have the nonexclusive right (in common with other occupants of the Property) to use the common areas of the 3/1 l /2005 2 Property, fo the purposes intended, subject to such rubs and regulations as City may establish from time to time. ii. The use areas sets forthbelow are for the purpose of prioritizing the use of space at the Property. Notwithstanding, any a ly User shall have the right to use other portions of the Property not specifically identified below subject to its availability and for the liMited purpose of providing Ito Permitted Use as defined in its respective License AgseemcM with the City. • Dragonboats shall have the right to store four (4) dragonboatts CO the ground level of the boathouse in the area depicted in Attachment A. Dragonboats shall have the right to exterior storage for additionaik dragonboats in location depicted in Attachnient.D, subject to maintaining a through - fare to the water in the boatyard area. • Dragonboats shall have the right to additional exterior storage in such other locations that may be available as determined by the Department, in its sole discretion.. ▪ Dragonboatsshall have the right to use other areas of the Property subject to availability. • MRWC shall have the right to store its rowing and paddling vessels within the remainder of the boathouse. ▪ MRWC shall have the right to exterior storage of vessels in the area depicted in Attachment B, subject to maintaining a through -fare to the water in the boatyard area. • MRWC shall have the right to use the maintenance/repair area as depicted in Attachment B. • MRWC shall have the right to locate one storage trailer in the area depicted in Attachment B which trailer shall be shared with Dragonboats for the storage of equipment. • MRWC shall ensure that it launches its vessels during the months of June and July at times not in conflict with Swim Gym who will be launching vessels and rotating activities on the hour and each half hour. • MRWC shall provide strict supervision of its program participants and shall repair, at its sole cost, any damage caused by MRWC, its officers, employees, participants, invitees and guests. • MRWC shall have the right to utilize the Property to conduct its annual regatta on April 9th which shall include set-up and dismantling time on the day before and day after. • Dragonboats and MRWC shall keep the aisles within the boathouse substantially cleared during June and July to provide space for children enrolled in summer camp in the event of rain. 3/1 1 /2005 3 • Swirit Gym shall have the right to use the swinuning pool throughout the Tenet. • Swim Gym shall have the right to use the kitchen, meeting room, boatyard, and exterior play areas as depicted in Attachments B and C during the period of June and July, 2005. Notwithstanding same, Swim Gym may enter the Property during the Term for the purpose of showing the premises, empTt yee training and meetings, setup and disniantling of equipment and site preparation and cleanup in connection with its Summer camp program provided such work is donee in such a manner° to minimize interference to other programming at the Property. • Swim Gym shall have the right to use the weight roam and aisles of the boathouse weekdays during June and July, 2005. ■ Swim Gym shall have the right to use 5O% of the office throughout the Term and MRWC shall have the right to use the other 50% of the office throughout the Term as depicted in Attachment C, • Swim Gym shall have the right to use the reception area during the months of June and July. MRWC and Swim Gym, shall share the reception area during the months of April, May, August and September. ▪ Swim Gym shall have the right to conduct bay activities including, but not limited to, water skiing, swimming, and water polo during the months of June and July. ■ Swim Gym shall coordinate all their motorized vessel activities in the bay so as not to conflict with the rowing and paddling programs of MRWC and Dragonboats set forth forth above. ■ Swim Gym shall have the right to place a storage cabinet approximately 4' width x 4' depth x 6' height in the weight room and additional refrigeration equipment in the kitchen area. • Swim Gym shall have the right to place lockers for its employees use in the area outside the weight room during the Term. ■ Swim Gym shallprovide strict supervision of its program participants and shall repair, at its sole cost, any damage caused by Swim Gym, its officers, employees, participants, invitees and guests. • Swim Gym shall have the right to use the meeting room and such other areas of the Property as may be necessary on May 7th and lot and June 2nd, 3rd and 4 , 2005 in connection with training and employee orientation and preparation in connection with its summer camp program. • Swim Gym shall have the right to use such areas of the Marine Stadium parking lot not being utilized by others, at no additional cost, for parking on the first day of each camp session during the months of June and July. 3/11/2005 4 it All Property Users shall wort cooperatively to schedules and provide a program of activities fbs brier City Watersports Camp Week, at their respective sole cost, during the Wesk of August l through 5, 2003. The City will provide transported= fie kids. a The City of Miami shall have a right to use the Property, at no cost, during the Term provided that such use shall be done in such a manner as to minimize any interference with approved programs of the respective Property Users. General Meetings and Events All Property Users shall have the right thsetgkut the Term to use the meeting room in connection with its Permitted Use, subject to its availability. MRWC shall maintain the calendar for said room and all bookings shall be made: throu it MRWC. MRWC shall not charge other Property Users for use of the meeting g room. Each Property User shallclean they filleting room, common areas, and other areas it may have used at the conclusion 'of its activities. Failure to clean the area may result in the revocation of this privilege at the sole discretion of the Department. MRWC's failure to timely respond and cooperate in booking requests shall result in the revocation of its privilege to maintain the calendar and to use the meeting room for its own purposes as determined by the Department in its sore discretion. 3. Licensee's Duties a.nd Responsibilities During the Term, each Licensee, at its sole cost and'expense, shall perform and oversee all tasks related to the provision of its programs. a) The Licensee, at its sole cost and expense, shall: i) be responsible for the provision, installation, repair, maintenance and replacement of all equipment necessary for its programs; ii) provide adequate personnel to provide quality service at all times. The City shall notify Licensee of any employees of Licensee that are not deemed to be performing in the best interest of the City; iii) upon conclusion of its activities, clean the Property and secure any movable equipment in the designated storage areas; iv) provide security as is required for similar facilities for its Permitted Uses; v) insure that all appropriate equipment and lights have been turned off and appropriate doors locked at the close of operation within the Property each day; vi) assume all operating costs, except as provided herein, retain all receipts and be responsible for payment of all labor, operating supplies and all other general administration expenses related to its Permitted Uses; vii) at all times during the Term continuously conduct operations in the Property in accordance with the terms of this Agreement, except where the Property is rendered unusable by reason of fire or other casualty; 3/ 1 I /2005 5 viii) be responsible for compliant of any applicable Paws to opeseie the business and to provide copies of the operational licenses} permits and required inspection certificates to the City upon request; The. Licensee, al its sole cost: and expense, shall be responsible /be scheduling all its activities conducted in the Property in accordance with this Agreement. The Licensee shall, at its sole cost and expense, pay all federal, state and local taxes, which may be assessed against it$ operations, equipment, or merchandise while in or upon the Property. 4. Maintenance and Utilities In consideration of the shared use of the Property by the Property Users, the Property Users agree and acknowledge that the expenses for the repair and maintenance of the Property and improvements thereon during the Term shall be procured and paid tot as follows: A. MRWC, at its sole cost, shall provide: All routine maintenance and repairs to nonstructural portions dike building, plumbing, electrical, heating, and air conditioning systems and equipment, all doors, floor coverings, interior walls, ceilings, decoration (e.g., carpeting, painting, wall covering., drapes and other window treatments, etc.), and all fixtures and equipment therein throughout the Term, unless such maintenance and/or repair becomes necessary due to the misuse, act, neglect, fault or omission ofa Property User, its employees, agents, customers, licensees, or invitees in or about the Property, in which case the respective Property User shall, at its sole cost and expense, cause the maintenance or repair to be done in a timely manner; ii. All services for the lawn and periodic removal of any rubbish or obstructions from the Property throughout the Term; iii. all minor repairs such as, but not limited to, light bulb replacement or ballast replacement throughout the Term; iv. janitorial services including the provision of supplies and minor plumbing repairs including repair of clogged sinks and toilets, for the months of April, May, August and September, 2005; v. garbage removal services for the months of April, May, August and September, 2005; vi. electric and water utilities for the months of April, May, August and September, 2005. Notwithstanding the above, in the event a 3/11 /2005 6 billing cycle commences air the 15'4 of the month, then MRWC shall pay the bills for ibe months of April, May, June and September. Swim Gym, at its sole cost, shalt provide: i. janitorial services including the provision of supplies and riot plumbing repairs inducting repair of clogged sinks and toilets for the months of June and My, 2003 ii. swimming pool main and cleaning throughout the T . Neither the City nor Swim Gym shall be required to make any repairs to the swimming pool. In the event the swimming pool becomes unusable, the City Manager and Swim. Gym shall have the right to either cancel the Agreement or modify the Agreement to eliminate Swim Gym's use and maintenance obligations related to the swimming pool. C. Swim Gym, at its sole cost, shall pay to MRWC upon receipt of the actual bill from MRWC the following: is garbage removal services for the months of June and July, 2005. ii. electric and water utilities for the months of June and July, 2005 Notwithstanding the above, in the event a billing cycle commences after June 15`h, then Swim Gym shall pay to MRWC upon receipt of the actual bill from MRWC the cost of said service for the months of July and August, 2005. 3/11/2005 7 D. Dragonboats epees to remit to MRWC on the first day of each row that they occupy the Property $100 as its contribution towards the maintenance and repairs to ***overly. E. In the event a repair is required to the air conditioning, MRWC shall be the party responsible for procuring the repair and MRWC and Swim Gym shall share the cost of said repair on a 50/50 basis. Swint Oym shall remit its mare ofthe bill to MRWC within two days of receipt of a bill /kora the a/c repair company: F. In the even Swim Gym provides Additional Services" at the Property wherein theme" taw of the Property is more than fifteen (1 j days in any given calendar month, Swim Gym shall remit to MRWC upon receipt ofa bill from MRWC the following: (i) the difference between a base amount of $700 per month and the actual electric bill; and (ii) the difference between a base amount of $600 per month and the actual water hilt G. Prior to the start of Swim Gym's summer camp, MRWC, Swim Gym, and the Department shall perform a walk-thru of the Property noting the condition ofthe premises. At the expiration of summer camp, Swim Gym, at its sole cost, shall repair any damage to the Property caused by summer camp use and the parties shall conduct a walk-thru of the property to ensure all repairs have been made. H. In the event the MRWC license agreement is cancelled for any reason during the Tenn, the expenses set forth above to be paid by MRWC • shall become the responsibility of Swim Gym. In the event the Swim Gym license agreement is cancelled for any reason during the Term, the expenses set forth to be paid by Swim Gym shall become the responsibility of MRWC, except for swimming pool maintenance and cleaning which shall become the responsibility of the City. In the event the Dragonboat license agreement is cancelled for any reason during the Term, MRWC shall no longer be entitled to any contribution to maintenance. The Property Users and the Department shall meet once a month to discuss and resolve any outstanding issues and review programming site requirements. MRWC shall present at this meeting a calendar for the current month and upcoming month of activities booked in the meeting room. The Department shall have the final decision in the resolution of any disputes or conflicts between the parties. 3/11 /2005 8