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HomeMy WebLinkAboutCRA-R-05-0039 Back-Up documentationTitu i(ll INN) 1. ('h,nrr August 2, 2005 Ms. Minda Logan Chief Executive Officer The Black Archives, History & Research Foundation of South Florida, Inc. 5400 NW 22nd Avenue, Bldg C, Suite 101 Miami, Florida 33142 OR/QM RE: REQUEST FOR FUNDING AND AUTHORIZATION TO IMPROVE SEOPW PARCEL OF LAND FOR LYRIC PLAZA PROJECT Dear Ms. Logan: In response to your July 18, 2005 letter wherein you request authorization to improve the surface of a SEOPW parcel immediately adjacent to the northern boundary of the Lyric Theater and further request that the SEOPW fund the stated improvement project referred to as the Lyric Plaza Improvement Project in the amount not to exceed a total of $97,000, we offer the following: 1. The SEOPW Executive Director authorizes a grant in an amount not to exceed $97,000.00 to The Black Archives, History & Research Foundation of South Florida, Inc., for the sole purpose of funding this project as a change order to the existing Black Archives contract with Contemporary Contractors & Engineering Inc. ("CCEI"), for the ongoing work at the Lyric Theater. A copy of the fully executed agreement between The Black Archives and CCEI as well as the fully executed change order to incorporate this work shall be supplied to the CRA Executive Director before the commencement of any work to be funded by the SEOPW CRA. The Black Archives shall be responsible to see that all required permitting and approvals for proposed construction shall be obtained and that the proper Notice of Commencement shall be recorded with Miami -Dade County prior to the start of actual construction. 2. The grant amount of $97,000.00 by the SEOPW CRA is ail inclusive and no additional funding shall be provided by the SEOPW CRA nor will additional funding for this project be sought from the SEOPW CRA by The Black Archives for this project. The Black Archives shall be fully responsible to see that this project is completed to the satisfaction of the SEOPW CRA in a timely fashion with no lagging due to lack of funds. The SEOPW CRA reserves the right to inspect the work being performed on the SEOPW owned parcel and retains the right to accept or reject the quality of work being performed. 3. The CRA Executive Director will disburse the funds of this grant either directly to the contractor or sub-contractor(s) for this particular project as requested by The Black Archives or directly to The Black Archives for reimbursement(s) of funds expended as approved by the CRA Executive Director. 4. Permission is granted to The Black Archives to make the necessary improvements to the SEOPW CRA owned parcel of land adjacent to the Lyric Theater for the purpose of this project with the strict understanding that the ownership of this parcel remains with the SEOPW CRA unless, and until, the SEOPW CRA Board of Directors decides, through official action, to dispose of said parcel through a lawfully approved process for said disposition. It is to be clear that there is no commitment on behalf of the SEOPW Board of Directors that this parcel is to be conveyed to The Black Archives or to the Lyric Theater and that the permission given to make surface improvements to this parcel in no way obligates the SEOPW CRA to continue the use of said property as part of the Lyric Plaza. In addition, The Black Archives/Lyric Theater is to obtain General Liability insurance, at their expense, in an amount acceptable to the Risk Manager for the City of Miami naming the City of Miami and the SEOPW CRA as additional insureds and said insurance is to be kept in full force and effect as long as the 'Lyric Plaza' is in place and utilized by the Black Archives/Lyric Theater. SOUTHEAST OVERTOWN PARKWEST AND OMNI r+\s\!l ♦II1 !;I!lI1II( o-l'^.!I\I \r 1 Ms. Minda Logan Chief Executive Officer Page 2 August 2, 2005 We look forward to partnering with The Black Archives in this project and see it as a wonderful improvement to the area and the intended use not only for the Lyric Theater but the entire Overtown Community. Sincerely, Fran1 K. Rollason Executive Director APPROVED: Minda Logan, CEO C/ The Black Archives History & Research Foundation of South Florida, inc. FKRfeh DATE: R�.1)/6 c: Chairman Johnny L. Winton and Members of the Board of Directors, SEOPW CRA James Villacorta, Asst. General Counsel, SEOPW CRA • LOCATION AGREEMENT This Agreement is made between UPP ENTERTAINMENT ARCHIVES HISTORY AND RESEARCH FOUNDATION OF OUTH ING (FLORIDA,"TINC THE LYRIC THEATRE ("Owner") as of July, 2005: 1. Pro e : As used herein, the term "Property" means that certain real property located at, commonly known as and/or described as follows: Lyric Theatre and Lyric Plaza, 819 N.W. 2nd Street, Miami, Florida 33136 The term "Property" also includes, without limitation, all interior and exterior areas of the Property, personal property, furniture and fixtures, as agreed upon by Producer and Owner located in, on and/orr about the Property. 2. Pew: Owner hereby irrevocably grants to Producer and its successors, assigns, licensees, owners, officers, directors, partners, 'employees, agents, representatives, independent contractors, divisions, subsidiaries, affiliates, joint -venturers, parent corporation(s), successor corporation(s) and/or suppliers (all of whom are included in the term "producer" for purposes of en try use the Property for period(s) set forth in Paragraph 4 below, Property) w, and to bring allon and use of the the right to enter upon and personnel, equipment and tenor sets onto the Property that Producer deems reasonably necessary for the purposes of hostingp � ler the Video Music Awards on and /or about the Property. The permission granted in connection with this Paragraph 2 shall be limited to those purposes set forth in Paragraph 3 of this Agreement. 3. Scope of Use: Producer shall have the right to use the electricity, gas, water and other utilities on the Property for the period(s) set forth in Paragraph 4 below. Producer shall also have the right during the period set forth in Paragraph 4 below to use any or all of the Property as follows: ***Use of interior and exterior of the Theatre; Use of Parking lot adjacent to the Property; Use of Lyric Plaza. The Produce" will be responsible for the cost of re -painting the theatre to its original colors, as well as, replacing all seats and/or fixtures to at least their original placement and condition, to the extent damaged. 4. Dates: The Property shall be available for use by Producer � � 2005. S. Facilities: Producer agrees to remove all equipment and tenor of the Property and to leave the Property similar P aiy sets, if any, after completion of its use reasonable wear and tear excepted, as determin determined Ownr better oan Producer will exercisn as when e upon by Producer, prevent damage to the Property and will indemnify Owner from anyarising out of carepersonalto injuries or property damage resulting from any act of negligence bd yy damages and/or in lconnection with use of the Property by Producer, excluding ordinary wear and tear. Producer agrees to maintain liability and property damage insurance covering the use of the Property by Producer of at least one million dollars, listing The Black Archives, History and Research Foundation of South Florida, Inc. as additional insured. Evidence of said insurance shall be furnished to The Black Archives at least one week prior to the first scheduled use of the facility. Owner agrees to maintain liability and property damage insurance coveringthe Property and adequate levels. In the event of a claim byOwner against P rty ini customary Producer, Producer shall be responsible forpaying the liability and property damage insurance of make a claim against its insurance before pro eding against the insurance plicable ccoverage providtible. Owner e by Producer. l not be required to 6. Limitation of Liability: The owner shall not be liable for any uncontrollable event which prevents its performance of the obligations created hereby; including but not limited to: (A) an Act of God, landslide Iightening, earthquake, fire, explosion, flood, hurricanes, acts of a public enemy, war, blockade, insurrection, riot or civil disturbance, sabotage or similar occurrence; a (B) the order and/or judgment of any federal, state or local MIAMI913202.1 7395215464 1 court, administrative agency or governmental body with jurisdiction; (C) the suspension, termination, interruption, denial or failure of or delay in renewal or issuance of any permit, license, consent authorization or approval essential to the operation or maintenance of the Lyric Theater; slowdowns, or work stoppages: � (D} labor disputes, strikes, work (E) any substantial equipment or system failure which is not caused by the negligence of the Owner; (F) any similar event beyond the control of the Owner, the Lyric Theatre or the Black Archives; and (G) any criminal act of intentional tort committed by third parties. 7. Reasons for Termination: The Owner may terminate this Agreement if the Producer fails to perform any of its obligations herein set forth or appears to the Owner to be: financially insecure, in violation of the law, in violation of general rules and policies of the Black Archives as set forth by the Black Archives Foundation and the regulations of Miami -Dade County or the City of Miami, or about to default under the terms of the Agreement or the Usage Policy. Upon termination of the Agreement for whatever reason, the Producer agrees to promptly remove, at the Producer's expense, ,all its property from the Property and to replace to not Iess than its original condition, ordinary wear and tear excepted, all fixtures removed from the Property, within 24 hours. 8. Attorney's Fees and Costs of Litigation: Producer and Owner agree that the prevailing party in any litigation, including appeals, arising out of this Agreement or the Usage Policy attached hereto shall recover reasonable attorney's fees and costs in addition to such damages as may be awarded. 9. Producer Accepts As Is: Neither the Owner nor the Owner's agents have made representations or promises with respect to the Property except as herein expressly set forth. The first possession of the Property by the Producer shall be conclusive evidence that the Producer accepts the Property "as is" and that the Property was in good and satisfactory condition. 10. SubletlUse: The Producer may not sublet any rental space(s), or in any way assign the rented space(s) to any other person or organization. The Producer may only use the Property for the purpose specified in Paragraph 4. 11. Compliance with Laws: No activities in violation of Federal, State or Local laws, ordinances, rules or regulations, or in the opinion of the Board of Health shall be permitted on the Property, and it shall be the responsibility of the Producer, while under the terms and period of the Agreement, to enforce this provision. 12. Licenses/Perniits/Copyrights: The Producer shall obtain and pay the fee for all licenses and permits necessary to conduct operations specified by this Agreement. The Producer will assume all costs arising from the use of patented, trademarked, franchised or copyrighted music, materials, devises, processes or dramatic rights used on or incorporated in the event. The Producer agrees to indemnify, defend and hold harmless the Owner from any claims or costs including legal fees, which might arise from the questioning of use of any such material described above. The Owner may require evidence of such licenses being in effect, such as alcohol, ASCAP, BMI, and SESAC, etc. Accordingly, without limiting any other right or remedy of Owner, Producer agrees that Owner shall be entitled to injunctive and other equitable relief to prevent any use of the Property by Producer hereunder for failure to comply with this Paragraph 12. However, Owner's failure to seek equitable relief for the Producer's breach of this Paragraph 12 or other wrongdoing on the part of the Producer shall not constitute a waiver of the Owner's right to seek recovery therefor from Producer in the form of monetary damages. 13. Fire/Safety Codes: All sets, costumes, props, flashpots, laser lighting equipment, and any other materials used by the Producer must conform to all applicable fire and safety codes. The provisions of the fire prevention code that prohibit smoking, flammable decorations, open flames and explosive or inflammable fluids, gasses and compounds must be observed. The Owner may require written evidence that all such codes have been observed and that operators have the required licenses. Smoking is not allowed in any of the theater's facilities. There are NO exceptions. MIAMI 913202.1 7395215464 2 • • • 14. Non -Resident Aliens: Should the artist(s) to be presented by the Producer be non-resident alien individuals, partnerships or corporations, the Producer expressly agrees to perform all obligations and to assume all liabilities as the withholding agent pursuant to the requirements of the Internal Revenue Code and the Federal regulations promulgated thereunder. 15. Indemnity: The Producer agrees to conduct its activities on the Property so as not to endanger any thereon; and to indemnify and hold harmless the Owner from any and all demands, claims, suits, a lions or liabilities resulting from injuries or death to any persons, or property damage, or loss by the Owner or any persons howsoever caused, during the period of use covered by the Agreement, or occurring as a result of the permissions granted herein. The Owner will not be responsible for any damage or loss to the Producer, or that of the Producer's agents, employees, etc. no matter what the cause of such damage or loss. 16. Evacuation Policy: Should it become necessary in the judgment of the Owner to evacuate the Property because of a bomb threat or for other reasons or public safety, the Producer will retain possession of the Property for sufficient time to complete its activity without additional rental charge, providing such time does not interfere with another Producer. If, at the discretion of the Owner, it is not possible to complete the activities of the Producer, rental shall be forfeited, prorated or adjusted at the discretion of the Owner based on the situation, and the Producer hereby waives any claim for damages or compensation from the Owner. 17. Miscellaneous: Owner agrees that this Agreement shall be interpreted by its written terms and conditions only, and shall not be interpreted by Owner's subjective intentions or any oral or written terms not expressly stated or incorporated herein. Owner further agrees and acknowledges that this Agreement is the entire agreement between the parties with respect to the subject matter hereof and cannot be modified or cancelled by Owner except by written instrument signed by both parties. Further, Owner agrees that this Agreement shall be interpreted in accordance with the laws of the State of Florida pertaining to agreements made and performed in Florida and that any dispute arising out of or in any way related to this Agreement shall be governed by the laws of the State of Florida. Owner agrees that the courts located in the County of Miami -Dade, State of Florida shall have the sole and exclusive jurisdiction over all disputes regarding the interpretation of, arising from and/or in any way related to this Agreement. Owner acknowledges that it has not entered into this Agreement in reliance upon any representation (written or oral, express or implied) of Producer not contained herein. Owner agrees that Producer may assign this Agreement and its rights hereunder to any third party. This Agreement shall inure to the benefit of and be binding upon Owner's and Producer's respective successors, Iicensees and assigns. Owner understands and agrees that the title and paragraph headings contained herein are for convenience only and are of no legal force or effect whatsoever. Owner and Producer understand and agree that the waiver or invalidation of any provision(s) of this Agreement shall not constitute a waiver or invalidation of any other provision, nor shall such waiver or invalidation affect the validity of the remaining provisions of this Agreement. The failure of any party to this Agreement to require performance of any provision of this Agreement in accordance with its terms shall not be deemed a waiver of that provision. [SIGNATURE PAGE FOLLOWS] MIAMI 913202.1 73 95215464 3 • • • IN WITNESS WHEREOF, the parties have signed this Agreement as of the date set forth above. AGREED AND ACCEPTED: Owner �--- Print Name: IA I vJeJd}L G/CLC 4 ([.�"11 Address: 1-1 tri mt.):�1id k 161,6 C, c tom, ferb r scurfy l' , I=G 53 i 0- AGREED AND ACCEPTED: Producer • lPrint Name , Address: 6 /O I The undersigned has inspected the Premises after completion of Producer's use thereof in accordance with the foregoing Agreement, and the undersigned hereby acknowledges and agrees that said Premises have been satisfactorily restored to its prior condition in accordance with the above Agreement. (Signature) (Print Name) (Date) MIAMI 913202.1 73 95215464 4 AC9RD, CERTIFICATE OF LIABILITY INSURANCE PRODucER FAX FAX Keen Battle Mead & Company (305)822-4722 850 Northwest 146 Street uite 200 Miami Lakes, FL 33016 INsuREO Black Archives, History and Research Foundation 5400 N W 22 Ave, Mailbox 300 Miami, FL 33142 COVERAGES DATE (MMIDDM1'YYY) 08/04/2005 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER A: General Star Indemnity INSURER B: INSURER C: )NSURER 0: INSURER E: NAIC # THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRT!Ann NS5 A TYPE OF INSURANCE GENERAL LIABILITY COMMERC[AL GENERAL LIABILITY 1 CLAIMS MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: 7 POLICY 1 1 PE& fj LOG AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULEC AUTOS HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY ANY AUTO POLICY NUMBER IMA599815A. i EXCESSFUMSRELLA LIABILITY JOCCUR El CLAIMS MADE DEDUCTIBLE RETENTION S WORKERS COMPENSATION AND EMPLOYERS' LIABELITY ANY PROPRIETOR/PARTNERfFXECUTIVE OFFICERlMEMBER EXCLUDED? IF yes describe under SPECIAL PROVISIONS below OTHER POLICY EFFECTIVE DATE IMM1fl0IY'j 09/26/2004 POLICY EXPIRATION _ DATE IMM1DDFYY1 09/26/2005 LIMBS EACH OCCURRENCE DAMAGE TO RENTED PRFMI.4FSa ncr.irpneP), MED EXP (Arty one person) PERSONAL 8 AOV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OPAGG 1,000,000 50,000 S 1r000 1,000,000 $ 2,000,000 s included COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accldeni) AUTO ONLY - EA ACCIDENT OTHER THAN AUTO ONLY: EACH OCCURRENCE AGGREGATE EA ACC AGG DESCRIPTION OF OPERATIONS! LOCATIONS! VEHICLES r EXCLUSIONS ADDEO BY ENDORSEMENT 1 SPECIAL PROVISIONS Lyric Plaza - Patio at NW corner of 2 Avenue and NW 8 Street, Miami FL 33136 CERTIFICATE HOLDER I TORY LIMITS f 1 R E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYE E-L. DISEASE - POLICY LIMIT S $ S S S 5 City of Miami 3500 Pan American Drive Miami, FL 33133 ACORD 25 (2001/08) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES SE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL i0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Timothy Battle/NAOMI ACORD CORPORATION 1988 PRODUCER (305)558-1101 Keen Battle Mead & Company 7850 Northwest 146 Street (Suite 200 Miami Lakes, FL 33016 ACORD CERTIFICATE OF LIABILITY INSURANCE FAX (305)822-4722 INSURED Black Archives, History and Research Foundation 5400 N W 22 Ave, Mailbox 300 Miami, FL 33142 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERT FICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLIC ES BELOW. INSURERS AFFORDING COVERAGE DATE IMMIDDVYYYYI 08/04/2005 NAIC # INSURER A: General Star Indemnity INSURER B. INSURER C: INSURER D: INSURER E:. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 15 SUBJECT TO ALL THE TERMS, EXCLUSIONS ANo CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADD'L INSRE TYPE OF INSURANCE POLICY NUMBER A • GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY JCLAIMS MADE X OCCUR GENT AGGREGATE LIMIT APPLIES PER: POLICY n PRO JECT LOC AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS GARAGE UABILTTY ANY AUTO EXCESSIUMBRELLA LIABILITY OCCUR f I CLAIMS MADE -1 DEDUCTIBLE RETENTION 5 IMA599815A POLICY EFFECTIVE DATE IM WDDIYYI 09/26/2004 POLICY EXPIRATIO': DATE IMM1r7DfYYI 09/26/2005 WORKERS COMPENSATION AND EMPLOYERS' UABILITY ANY PROPRIETORJPARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS bekw OTHER DESCRIPTION OF OPERATIONS 1 LOCATIONS r VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS y' LIMITS EACH OCCURRENCE S 1,000,000 DAMAGE TO RENTED PRFMISFSIFP nm,nnrn] 5Q , 000 MED EXP (Any one person} S 1,000 PERSONAL & ADV INJURY S 1,000,000 GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ included COMBINED SINGLE LIMIT (Ea accldenl) S BODILY INJURY (Per person) S BODILY INJURY (Per accdenl) S PROPERTY DAMAGE (Per accident) S AUTO ONLY • EA ACCIDENT $ OTHER THAN EA ACC S AUTO ONLY: AGG S EACH OCCURRENCE $ AGGREGATE 5 S $ $ E.L. EACH ACCIDENT 5 _E.L. DISEASE - EA EMPLOYEE S E.L. DISEASE - POLICY LIMIT 5 Lyric Plaza - Patio at NW corner of 2 Avenue and NW 8 Street, Miami FL 33136 CERT li10 IFICATE HOLDER Southeast Overtown Park West Community Redevelopment Agency 49 NW 5th Street Miami, FL 33128 ACORD 25 (2001/08) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILRY OF ANY KIND UPON THE ENSURER. ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Timothy Battle/NAOMI ©ACORD CORPORATION 1988 z C7 Z CTJ 0 ° LOT 57 PEDESTRIAN MALL . a PROPOSED LYRIC THEATER EXPANSION TRACT 5 EXISTING LYRIC THEATER • N.W. 9TH STREET no'-G rt7-o' no-o' +a'-o' LYRIC PLAZA ## TRACT o BLACK ARCHIVES I"�,-PARCELS domains! ■ ■ rtwawwrt w ■ l 77' ET 25' DEDICATIONT. MIIIIMIMIIIIIIIMI z LC 0 0 0 a D ■ 25' DEDICATION TRACT 4 I • 1 I I ■ ■ I I 1 a■MINIUMIII ■■� 125 DEDICATION I 12.5' DEDICATION 5D-0' N-W. BTH STREET PROPOSED OVERTOWN LYRIC THEATER PLAT JULY 2004 25' OEDICATICN sd-o' z F. 1-3 C�3 Cri z • PROPERTY OWNERSHIP THE BLACK ARCHIVES SOUTHEAST OVERTOWN PARK WEST C.R.A. ME MIAMI-DADE COUNTY