HomeMy WebLinkAboutSubmittal-Angel Cortinas-Breach of Contract IssuesGUNSTER
FLORIDA'S LAW FIRM FOR BUSINESS
April 22, 2014
FT. LAUDERDALE
JACKSONVILLE
KEY LARGO
MIAMI
ORLANDO
PALM BEACH
STUART
TALLAHASSEE
TAMPA
VERO BEACH
WEST PALM BEACH
Re: Bayfront Park Use Agreement Contract with Event Entertainment Group, Inc.
Legal Memorandum re: Breach of Contract Issues
The Ultra Music Festival is a world -class event that has been held in the City of Miami
for the past 14 years. It is, by all accounts, the Olympics of electronic music. The 2014 Festival
was the first under a five-year Use Agreement contract, dated March 6, 2014 ("Use
Agreement"), which secured Bayfront Park as the venue for the Ultra Music Festival from 2014
until 2018. Terminating the Use Agreement would not only end a world-renowned music festival
that showcases the beauty and diversity of Miami, it would constitute a clear breach of the Use
Agreement, exposing the City to a multi -million dollar suit for, among other claims, breach of
contract and . specific performance. The following memorandum explains why the Use
Agreement is valid and may not be terminated by the City.
I. VALIDITY OF USE AGREEMENT
The Use Agreement, by and between Bayfront Park Management Trust ("BPMT") and
Event Entertainment Group, Inc. ("EEG"), grants EEG the contractual right to produce the Ultra
Music Festival at Bayfront Park on the fourth Friday through Sunday of March 2014-2018. A
copy of the Use Agreement is attached as Exhibit A.
BPMT and EEG duly executed the Use Agreement. Timothy F. Schmand, the Executive
Director of BPMT, signed the Use Agreement for BPMT and Russell C. Faibisch, the President
of EEG, signed for EEG. The Use Agreement was also signed by Calvin Ellis, the City of
Miami Risk Manager, who approved the Use Agreement as to insurance requirements, and by
Victoria Mendez, the City Attorney, who approved the Use Agreement as to form and
correctness.
Pursuant to Section 24 of the Use Agreement, each party represented to the other that it
had complete authority, without further approval, to execute the Use Agreement. In addition,
each party agreed to be bound by the terms of the Use Agreement and expressly represented to
the other that "the consent of no other person or entity is required in connection therewith."
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The clear language of Section 24 supports the validity of, and each party's authority to
enter into, the Use Agreement:
24. AUTHORITY TO EXECUTE USE AGREEMENT:
Each party represents to the other that it has the power to enter into
the AGREEMENT and that the consent of no other person or
entity is required in connection therewith, except as otherwise
provided, and the AGREEMENT constitutes a valid and binding
obligation of each party in accordance with the terms hereof
(emphasis added).
A. BPMT Ordinance
BPMT is a limited agency and instrumentality of the City, created and defined by
Sections 38-101 through 38-116 of the City of Miami Code, copies of which are attached as
Exhibit B. Entering into contracts for the use of Bayfront Park, like the Use Agreement, fits
squarely within BPMT's powers and is precisely what the Code demands.
BPMT is comprised of a nine -member board chaired by a City Commissioner. Since the
Use Agreement was executed, Commissioner Frank Carollo has served as BPMT's Chairman.
BPMT's operations, including the programs and activities at Bayfront Park, are the responsibility
of BPMT's Executive Director, which position Mr. Tim Schmand has held since the Use
Agreement was executed. Pursuant to Section 38-105 of the Miami Code, the Executive
Director, after obtaining BPMT approval, has the exclusive authority to enter into contracts
binding BPMT. In pertinent part, Section 38-105 provides:
The executive director shall act as the chief executive officer of the
trust. Subject to the policy directives of the trust, the executive
director shall have general supervision over and be responsible for
the management and operation of all trust properties, activities, and
facilities. The executive director shall execute all contracts in
behalf of the trust after approval by the board.
Section 38-105 authorizes only the Executive Director, not the City Commission, to enter
contracts on behalf of BPMT. Here, Mr. Schmand, BPMT's Executive Director, fully complied
with Section 38-105 and entered the Use Agreement after it was unanimously approved by the
BPMT Board. The Executive Director's exclusive authority to enter into use agreement
contracts with third parties comports with Sections 38-102 and 38-104 of the Code, which
describe the purpose of BPMT and the scope of its authority.
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Section 38-102, titled "Purpose," provides:
The trust shall direct, operate, manage and maintain all aspects
of the city -owned property known as Bayfront Park (hereinafter
referred to as "park"), for the purposes of ensuring maximum
community utilization and enjoyment. The trust shall endeavor
to attract organized activities and functions to the park
consistent with this purpose (emphasis added).
Section 38-104, titled "Powers, purposes and duties of the trust," provides:
The trust shall have the power to do all things necessary to direct,
manage and maintain Bayfront Park, subject at all times to city
commission approval and any existing contractual obligations
(emphasis added).
While BPMT is charged with: (1) directing, (2) operating, (3) managing, and (4)
maintaining Bayfront Park, its decision -making in only three of these categories is subject to
City Commission approval. Critically, BPMT's operational decisions, which are omitted from
Section 38-104, are not subject to Commission approval but are, instead, reserved exclusively to
the Executive Director subject only to BPMT Board approval under Section 38-105.
Accordingly, agreements for the use of Bayfront Park, like the Use Agreement, are not reviewed
or approved by the City Commission unless a particular use agreement involves the directing,
managing, or maintaining of Bayfront Park, which is rarely the case. A list of such BPMT
events is attached as Exhibit C.
B. Approval History Pertaining to the Use Agreement
On November 12, 2013, BPMT held its monthly Board meeting. A copy of the Outline
of Minutes from the Board meeting is attached as Exhibit D. Eight BPMT Board members were
present at the meeting, including City of Miami Commissioner Frank Carollo. Mr. Schmand and
Assistant City Attorney Rafael Suarez -Rivas also attended. At the meeting, Mr. Schmand, the
Executive Director, provided the Board members with a copy of the five-year Use Agreement
and explained each item on the term sheet. The Minutes of the meeting clearly show that the Use
Agreement between BPMT and EEG was for a five-year term. BPMT unanimously approved
the Use Agreement.
BPMT followed the requirements of the Code precisely, in connection with executing the
Use Agreement. After a duly noticed meeting of BPMT, at which the Executive Director
described in detail the proposed five-year Use Agreement to all present, including an Assistant
City Attorney, BPMT unanimously approved the Use Agreement. With the Board's unanimous
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approval, and in strict compliance with Section 38-105, Mr. Schmand, as the Executive Director
of BPMT, executed the Use Agreement, which he was authorized to do, thus, representing to
EEG that no additional consents were required before the Use Agreement took effect. Based on
this express representation by BPMT and the other terms of the Use Agreement, EEG, at great
expense, relied on and fully performed under the Use Agreement. Any attempt to now terminate
the Use Agreement on grounds that the contract is invalid ignores and violates the clear terms of
the contract as well as the Miami City Code and the BPMT ordinances.
C. The City of Miami Charter
The City of Miami Charter does not vary either the Use Agreement or the City Code
Sections governing BPMT. The Charter contains no provisions, express or implied, that require
Commission approval before BPMT may contract with a third party for the use of Bayfront Park.
To the contrary, any such provision would expressly conflict with the Miami Code, Section 38-
105, which, instead, requires only that BPMT's Executive Director receive the approval of the
BPMT Board before entering into a contract.
Further, if the Charter were construed to require Commission approval before the Use
Agreement became effective, it would render meaningless Section 24 of the Use Agreement,
which the City Attorney executed and agreed was correct. Indeed, the only relevance of the
Charter to the Use Agreement is that the Charter establishes the City Attorney's role in the
execution of the Use Agreement. "The city attorney shall prosecute and defend all suits for and
in [sic] behalf of the city, and shall prepare all contracts, bonds and instruments in writing in
which the city is concerned and shall endorse on each approval of the form and correctness
thereof." Charter, § 20.
Accordingly, the veracity of BPMT's unambiguous statement in the Use Agreement, that
it had full and final authority to enter into the Use Agreement, without the consent of any other
person or entity, was made absolute when the City Attorney signed the Use Agreement. Any
contrary position taken by the City now is not only impermissibly contrary to the City's earlier
legal and contractual position, but it renders false a material representation to EEG in the Use
Agreement, upon which EEG relied.
D. The Use Agreement Does Not Require Subsequent Commission Approval
The Use Agreement does not require Commission approval for a single -weekend
production before taking effect. In fact, the exact opposite is true. Section 24 expressly provides
that no additional consents are required. When the City does require the consent of the
Commission, it knows how to say so. One need look no further than the Use Agreement, Section
2, to see how Commission approval is expressed when it is required. In pertinent part, Section 2
provides "Subject to the approval of the Miami City Commission, USER shall, at all relevant
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times, have the right, but not the obligation to produce Events that cover an additional weekend
during the Use Period." (emphasis in original).
If Commission approval were needed for a single -weekend Ultra Music Festival to occur
at all, the emphasized language would be superfluous. Courts however, are prohibited from
interpreting a contract in a way that renders language superfluous. "All the various provisions of
a contract must be so construed, if it can reasonably be done, as to give effect to each." Univ. of
Miami v. Frank, 920 So. 2d 81, 87 (Fla. 3d DCA 2006) (quoting Paddock v. Bay Concrete
Indus., Inc., 154 So. 2d 313, 315 (Fla. 2d DCA 1963)); see Universal Prop. & Cas. Ins. Co. v.
Johnson, 114 So. 3d 1031, 1036 (Fla. 1st DCA 2013) ("A contract is not to be read so as to make
one section superfluous...."). To give meaning to every word in the Use Agreement — as a court
must do — only EEG's use of Bayfront Park for a second weekend, not the efficacy of the Use
Agreement itself, can be subject to Commission approval.
E. The City and City Attorney Know How to Draft Contracts With a Condition
Subsequent Clause, Requiring City Commission Approval for Contracts
As was true in the Use Agreement, when the City requires approval by the City
Commission before a contract clause or agreement takes effect, the City says so expressly. Two
recent examples are attached at Exhibits E and F. Exhibit E is an Addendum to a Settlement
agreement between the City and a class of Plaintiffs regarding homeless within the City limits.
There, in Section 29, the parties agreed "This Addendum to the Settlement Agreement shall not
be effective until approved by the City of Miami Commission and the Court." Similarly, Exhibit
F, which is a Mediated Agreement involving the preservation of a Tequesta site in the City,
provided that the "parties agree that they will jointly recommend that the City Commission
approve this Agreement." Exhibit F at ¶ 2.
The City cannot credibly claim that the Use Agreement required City Commission
approval, when it failed to expressly include a condition subsequent clause in the Use Agreement
similar to those in the Agreements at Exhibits E and F, and when the Use Agreement stated the
precise opposite, that the consent of no other person or entity was required. Such a claim is even
more incredulous here, where the City Attorney expressly approved the form and correctness of
the Use Agreement. The City Attorney, who also approved the Addendum to Settlement, at
Exhibit E, clearly understands when City Commission approval is required and, in those
instances, ensures that appropriate language is included within the contract.
F. Year One of the Use Agreement Has Been Performed by all Parties
The City Commission, as well as the general public, was well aware of the existence of
the Ultra Music Festival in 2014, and did not make any attempt to prevent it, notwithstanding the
absence of City Commission approval. Moreover, there is no dispute that the first year of the
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Use Agreement was performed by all of the parties and that the unambiguous contract terms
contemplate four additional years of performance by the parties. To attempt to terminate a multi-
year contract after complete performance of one year based on a claim of supposed invalidity
flies in the face of the express language of the Use Agreement, the applicable ordinances, and
most basic tenets of contract law.
II. EEG BREACHED NO MATERIAL TERM OF THE USE AGREEMENT
EEG did not violate any material term of the Use Agreement and, to date, no one has
even suggested a single instance of material breach. Resolution 14-00335, which was
recently withdrawn, failed to specifically identify any section of the Use Agreement
allegedly breached during the 2014 Ultra Music Festival. As has been the case every year,
before the 2014 Ultra Music Festival, EEG coordinated extensively with the City's Risk
Management Department and the Miami Police, including (i) holding insurance meetings on
EEG's insurance program, risk transfer policies, coverage types and limits, and (ii) holding
several operational briefings before the event. Safety and security remain top priorities for EEG.
In the past two years alone, EEG has increased the police force from 140 in 2012 to 257 in 2014.
The 2014 paid police force included officers on foot, bike, and marine patrol, as well as federal
law enforcement agents.
The City of Miami may not lawfully terminate the contract under its municipal powers.
A law or ordinance that causes the immediate and substantial impairment of the value of a
contract is repugnant to the Florida and United States Constitutions and will be struck down.
Sarasota County v. Andrews, 573 So. 2d 113, 115 (Fla. 2d DCA 1991) (citing Dewberry v. Auto -
Owners Ins. Co., 363 So. 2d 1077, 1080 (Fla. 1978)). While, in some contexts, courts balance the
injury to the private contract with the harm the law seeks to prevent, there is no balancing test in
the face of an immediate diminution of value to an existing contract. See Lee County v. Brown,
929 So. 2d 1202, 1209 (Fla. 2d DCA 2006). Moreover, even in those cases when the harm to a
private contract is weighed against the public benefit of the law, courts recognize that "virtually
no degree of impairment is tolerated" and the law must be applied in the least restrictive way
possible. Citrus Mem'1 Health Found., Inc. v. Citrus County Hosp. Bd., 108 So. 3d 675, 677 (Fla.
1st DCA 2013). Here, termination of the Use Agreement, under the guise of health, safety and
welfare, can never be an appropriate or legal solution because such claims are unsubstantiated
and there will always be a way to promote the safety, health, and welfare of Miami citizens short
of terminating the Use Agreement.
Further, even assuming arguendo that EEG had violated a provision of the Use
Agreement, that does not permit immediate termination by BPMT or termination by the
Commission without notice and a thirty -day cure period. Pursuant to the Use Agreement, under
Section 19, BPMT must undertake several steps before terminating. It has taken none. First,
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BPMT must properly serve EEG with a formal written notice of breach specifically identifying
the material breach. Second, BPMT must give EEG thirty (30) days to cure the material breach
of the Use Agreement committed by EEG. Third, BPMT must properly serve EEG with written
notice of termination of the Use Agreement. Each of the foregoing requirements are mandatory
conditions precedent to any potential termination by the City and none have occurred. No one
has alleged that EEG has violated any specific provision of the Use Agreement, material or
otherwise. Likewise, proposed Resolution 14-00335 did not identify any provision of the Use
Agreement that was allegedly breached.
The failure of BPMT to follow the necessary steps before terminating the Use Agreement
would, itself, be a material breach of the Use Agreement by the City, exposing it to a lawsuit
seeking, inter alia, millions of dollars in damages and specific performance. See, e.g., Atl.
Banana Co. v. Standard Fruit & S. S. Co., 493 F.2d 555, 560 (5th Cir. 1974) (contract breached
by failure to give required advanced notice of termination); Lary v. Boston Scientific Corp., 2014
WL 978823 (S.D. Fla. 2014) ("terminating a contract without complying with the notice and
cure provisions therein is itself a material breach") (quoting In re 4Kids Entm't, Inc., 463 B.R.
610, 683-89 (Bankr. S.D.N.Y. 2011)); Florida Recycling Services, Inc. v. Greater Orlando Auto
Auction, Inc., 898 So. 2d 129, 130 (Fla. 5th DCA 2005) (failure to give notice of breach and
opportunity to cure precluded termination of contract; contract required notice of breach,
followed by an opportunity to cure and subsequent notice of termination).
III. THE CITY HAS WAIVED ITS RIGHT TO TERMINATE ON GROUNDS OF
PRIOR OCCURRENCES OR SUPPOSED INVALIDITY OF THE CONTRACT
DUE TO ABSENCE OF COMMISSION APPROVAL
As a matter of fact, the Use Agreement was validly entered into and faithfully performed
by all parties. As a matter of law, the legal principles of waiver and estoppel bar any claim by the
City that the contract is invalid or has been breached.
A. All Alleged Breaches that Occurred Before the Use Agreement was Executed
are Waived.
Resolution 14-00335 and the attempt by one City Commissioner to terminate the Use
Agreement under that resolution rely on events occurring before the Use Agreement was
executed. Such events, as a matter of well -settled law, cannot be grounds for termination of the
Use Agreement. By entering into the Use Agreement, with full knowledge of EEG's alleged
breaches in connection with prior festivals, BPMT waived all claims that earlier contracts had
been breached.
Ratification is conduct that indicates an intention, with full knowledge of the
facts, to affirm a contract which the person did not enter into or which is
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otherwise void or voidable. See Still v. Polecat Indus., Inc., 683 So.2d 634 (Fla.
3d DCA 1996). If a party knows of the wrongful conduct at issue, does not
reject it, and takes any material act inconsistent with an intent to avoid it or
delays in asserting any remedial rights, then the party ratifies the transaction. See
Sunrise Farms, Inc. v. Wright, 376 So.2d 457 (Fla. 1st DCA 1979).
Citron v. Wachovia Mortgage Corp., 922 F. Supp. 2d 1309, 1321-22 (M.D. Fla. 2013); Matusick
v. DiSalvo, 82 So. 3d 1045 (Fla. 4th DCA 2011) (amending contract with knowledge of alleged
fraud and breach in initial contract waives such claims); Merovich v. Huzenman, 911 So. 2d 125,
127 (Fla. 3d DCA 2005) (same.); see also Amoco Oil Co. v. Gomez, 125 F. Supp. 2d 492, 509
(S.D. Fla. 2000) (party waived breach of fiduciary duty claim, when, with knowledge of the
breach, it entered into new contract with the breaching party).
B. The City Waived Commission Approval of the Use Agreement
Although the City Commission knew in advance that the 2014 Ultra Music Festival
would occur and that it did not approve the Use Agreement, the Commission took no action to
prevent the Festival. To the contrary, the City acted in accord with the viability of the Use
Agreement by issuing Special Event permits to EEG. In particular, high-level city officials,
including City Commissioner Carollo, City Attorney Mendez, former City of Miami Risk
Manger Calvin Ellis, and BPMT Executive Director Schmand knew that BPMT entered into a
five-year contract with EEG. ("[T]he knowledge of individuals who exercise substantial control
over a corporation's affairs is properly imputable to the corporation." In re Sunbeam Sec. Litig.,
89 F. Supp. 2d 1326, 1340 (S.D. Fla. 1999) (citing Seidman & Seidman v. Gee, 625 So. 2d 1, 2
(Fla. 3d DCA 1992) dismissed, 653 So. 2d 384 (Fla. 1995)); see also Holtzendorff v. Hous. Auth.
of City of Los Angeles, 58 Cal. Rptr. 886, 906 (Cal. Ct. App. 1967) (commissioner's knowledge
is imputed to governing board). The knowledge of City Attorney Mendez and Commissioner
Carollo is imputed to the Commission, which cannot now feign ignorance of the existence or
terms of the Use Agreement.
Having not only accepted performance under the Use Agreement, including accepting the
user fee and security deposit, but having contributed to that very same performance, the City has
further waived any claim that the Use Agreement is invalid or that EEG failed to comply with an
illusory condition subsequent of obtaining Commission approval. See Muniz v. Crystal Lake
Project, LLC, 947 So. 2d 464, 470 (Fla. 3d DCA 2006) (holding that a seller of real property
waived buyer's non-compliance by obtaining a certificate of occupancy and scheduling a walk-
through with buyer); Sacred Heart Health Sys., Inc. v. Humana Military Healthcare Services,
Inc., 601 F.3d 1159, 1181 (11th Cir. 2010) ("[w]here a party fails to declare a breach of contract,
and continues to perform under the contract after learning of the breach, it may be deemed to
have acquiesced in an alteration of the terms of the contract, thereby barring its enforcement.")
(quoting Acosta v. Dist. Bd. of Trustees of Miami -Dade Cmty. Coll., 905 So. 2d 226, 229 (Fla. 3d
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DCA 2005)); Bookworld Trade, Inc. v. Daughters of St. Paul, Inc., 532 F. Supp. 2d 1350, 1359
(M.D. Fla. 2007) (book dealer waived publisher's anticipatory breach of contract by performing
under the parties' contract as if no anticipatory breach had occurred)
IV. CONCLUSION
Based on the foregoing, the Use Agreement between BPMT and EEG is a valid and
binding contract, which has been fully performed for one year by all parties and has four years
remaining, during which time EEG is permitted to use Bayfront Park as the venue for the Ultra
Music Festival. Termination of the Use Agreement by the City would be a clear and material
breach of the Use Agreement, thereby exposing the City and its taxpayers to an immediate
lawsuit for millions of dollars. It would also effectively end one of the premier music festivals in
the world, the Ultra Music Festival, which showcases the City of Miami's stature on the world
stage and has an exceptionally positive economic impact on the local economy.
Respectfully submitted
Anger A. Cortinas, Esq.
Counsel to Event Entertainment Group, Inc.
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RAY-FR(NT PARK
USE .AGREEMENT
THIS ACREEMME T itzl- hatter referred :n as the "AGREE'MLEti T,` made tilts s.t,t) : 1.
1+ *►t' 201!4, h) and between the Sz Lront Pori 11m ii rn-;st i ; t a lirrtcd :1,z) and rnrtrothen:at_;y c•i
its• cit., of Miami. hucirtafte rutmud tc : the `?RUST," ant }.VENT E TERTA1NME.1T GROUP. INC.,
Florida for -profit ;'.sju.ratinr. with offices lr ated a IDUU \YI 1 t' Sarin.., Mixtti. Eictrid:i hcrctna.Fcr
ret rred to as the "1 4EJx•"
RECITALS
WHEREAS, the TRUST is Ii4 the nperattu., narssge ewer ;sri:1 ft:air:tenance of the Uri) of
\harttt t"J in"I owned pork, located Al ;fit ' Biscayne Hlt�., iit,imt. Iriorida = 132. arid, known :el. 130. innx Park
(the -Pot Rh."' t and
"WHEREAS. USER wishes to use :he PARK fc-: the purpose of zonductirty the t ltta %tusk I c uitial n, tie.
Fri,Jay through Sorg% Cir. the fourth +scxkcnd of \•larch 21114, ;larch 2tti \iaieh Alt,. March 2017 attJ \tarn
'u l S: arid
I%•HEREAS. USER wit recopy the PARR From Artivrt �smatety :turf) i +)r day, prior ter rite tiro day t_t
cash n-xformmrtcc and continue for rtxintately ;,rtrn 1'; iaiys follrxing the last Sunda.. performance. and
WHEREAS, USER upon ticc*, nn desires to rnal.e certain ch rages t„ the PARK in iirdc to produce the
Ultra Slusic 1'estna.I, Kitt: such renovation:. LK:curt-irk? at LSER't sal: rstu_ ;arid e:i pctnsc., ISER b..L7Crti iJ1al ttx•yc
Tm ations. shall be done in tt rnannel satisfactory to the TRUST. to the TRlsir. lc ducrcli�rt,
NOW, THER.EFOKE. rn con>tt'1:ration till the cort arid agerrsemr . hereinafter +et forth the receipt
and sufticicncy of which is * Lnia•dezIced by the parties. the TRl=4T hcrcht awns. unto USER the pri:liege of
cntrs_ upon and ascot' the PARK. leer the purpose of , nducitta the EVENT. on the terms aid conditions set forth 1n
this -\zte ntenL
RECITALS:
1 he Recitals are true and Lotrect and nee hercb: incorporated into :ntd made a part Of Ill ; rremen:
EVENT AND I:SE PERIOD;
the EVENT is the Ultra \lush 1 es -rival, to take place ut the PARK on :he Friday t3ittru th Sund-ay the
iiwnh -'cc.kend rrt % arch 2UI4. %larch 2O1 f, \ts ch 201.6 tlx_h'(I! 7 ;:,id \lard: 2.011E from =:tht prn t,
mtdtunist r•n Fndat s. 12 noon t•: mtdnii.ht un Saturdays, ani Ft.• =n to 11 p m on Sunda) c. Subject to the
appr7u►af of the Miami City CurtruaL;intt, USER shall. a%I reptant lanes. hair the rithi. but not the
oIsligatrtrtt t,., produce. Etentc Chu .aver an additional weekend during the Use Period_ Set-un for the
EVENT 'will he i.o :at 7:1.10 am, on or about Frhruar)- 77. -s each )car t,i the term and tcar-domn wilt
termini:sc na;, late tium ! I _5N ptr.. on or 3bot:t April 3. each )car of the tcrtr• (the `1 SE P}:R}nf"r- L nle_c
o:rT1cT.�is s ecificallr prosided hercuntfcr. USER =hull he c.•mplctclt rerpnrnsrhte for the pnduelion,
coordination and management of the EVENT, al Its sole cost and expert_. Sri -up itir the EVENT shall
not tntrrfcrevtith tisitor; a .e tttc PARK_
3. FREMLSES:
As used in this Ain -re -merit. -PREMISES- inane. the entire PARK kind welt open sp;tLcs. that mat- he
re-quircd it~ the 'USER fcr the EVENT. and ;u;h carter 1ac iin:es of t.hc PAkJ a.s may be authnnzccl bt the
TRUST. PREMISES do ran t tc•:Istic the Islip:ch Amphitheater, the use of tshich is authorized under 3
Pane
BRAE? ?t)t -EV1- N I 1-.\TERT.A1'0 0E:NJ GROL P 1\(se Ar_ernent
Do, ' it l r_'its
UBMIUED NTO THE
Exhibit A PUBLIC RECORD FOR
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*sepa.r. tz _zre mcnt,
c.
Resironrei Fscil;t►e
1 SER 1te7-et7) a ce, :+ provide adequate por..:b a re—mi.—worn t iir,tt:>..vht;it s::tl1 h: ripen an:.'
invrasional diirirtn the CASE PERIOD:
Cnntru! of Accers:
USER h-ercbs rite - that the stall anti ma: cinenr tltc TRi• ST. in Consultation t, ith ilk
Miami t Piet :_ 1_>cpartrtcrt raid the USER., iint c vi•tnj+lrc c, nirvil tti ►%him ;atm to Essen = arc
.i,encii_ l !DER hereby ekes h+ rt:=pnil to an) reasonable TRUST re-gilas. i2:t:itti etre L'SF
PERIOD c+l'the EVENT
Sound Checks:
USE bcrrttrte . that iliac- .% 11 be no sound c cck l`et. ire 4_3ir 1'\1 or. anti ..e6.4; 1 A1,.•ni: *
through 1 ritta_ t,
d. Sututd Lct-el:
USER urticn t: ncis ;hat the TRI IST S eat bEislir.. maximum ler.c.1 of 116 dct'iitcb
err .uret3 (.i) feet am. --a) irvmt rcuh stabs. Failure to curt earn incident i=f sound ictirl non-
compliance «chin fi.c 15r minutes n:-ttificatti..rt tit ITutt Lksip,neZ NIl1 r>ult in a fix .if SLatin
per irtatirtn.
Time of 1:veni:
'USER heal•+. a rce, the E\TNT mttc: end b 12 midnight t.n Frda' ants Sst:ziu9.N, anti bi 1 I pm
urt Sunda). USER _.ha!t pa) a tierce overa.ee In of S.l.mitt .tut for r%er'. _nt 11 t minute, :•r a
fraction thereof. tithe EVENT. c+axrinurs hie and I" nridnreiit.+.crags: lee is in a diti.tn ra
:t11 azhtr lees anti c.icts tar which USER is reclwrihie carder \treemcr.:.
;kkohtt.I Wrist land Porto:
LSER hereb,y azrees tttnt i! alccihulit brverantn sc vend d at the EVENT. USER .tilt .uc=
al;:ih+il aria -!tannin.} stall Kt ensure c _curners al alcohol arc of the appropriate let:al ,irinkin_
tee.
INspensing of Alcoholic rind ban-ajcithulir I30-rrattes:
USER =Grail! not silt beta cs_ nit.ihtrliC iir nonaliohc,iic., rti tl$is bottles of ar:v >i/e. USER
shah d p me :ill hc.c:'t;e prnAluctr, in piarti•_ .,r p .p r clips only. 1-toNtt.-tEr. USER chalk t+c
au:Itemized tr. sell Red Rat! product% in cans not to t\uc-cd nine 04) ount-tti.. In addition. the
TRUST itinfiiimrs LSER to dispcn3.r Heineken: bear in e.lorntnu i kapcil toGtles in the VIP
arca( onl) - 1 kitvreaer. under tui circtrnlstari~e -.shall tins rrothn t Fy- Isr.en out i i 111c \ IP meats i
USER lri;reb. agrees to di51}Crtse :3 -tenixirriiirn t`t :ii-,; i 2t 111:4•lK=tti DC",, rtit p Vtiltl /It trnc- o
purchase
USER kith. azrivs that tit sale_ of .,1a1b I c be % crazes vti r1 i ;top svo i tit)) rvnutcz pi-u r ID the
-end of the EVENT and till sfrt1 :if rion-nlc..=lti>lu; he —a4:cv shall continue without ifrtrrr rupttcan
until the cancluiion oI the EVENT.
t . Spun or'4 Sign ee:
t1SER hart.% specs that under Do tattler scar cri cuts an) TRUST spons r'r si+_rage be ,:overt d
during thc USE PERIOD.
bare
B-P\11 :ill +.E\•3:.7 EL\TERT.il\.\fEVTCAM- !�, !ti.<' t .c AKrecnzenl
Doc Vie:98
SUBMITTED INTO THE
ruBLJc RECORD FOR
ITEMoI3 QI2q/,4
C().ti.DiT1Oti OF PREMISES A.,itri REQUIRED REN.CUV'ATiONS:
'USER hut- irstaad. or has hee:i given thr cpp.tituriity er.2 inspect.. the PREMISES. prior ecum n of
1111s Agreement, and :ncc 'at it in ib present c•oridttiait and :pertc rt'ciore arid return the ttir to the.
-attmktal pry -load -in C:'ndiuou, Spe'itttcalll . L'SER agree, that it ..hall rept_= otr re -aunt ttl t},.c:r :t: tt r:al
-cznul~itiort. an) ilia .'1-If eini A-incrLJ.. cif the PARK, indUdinL' ;Int riot tainted in rntrastrat.iure. eratit,ei trett ,
tneludir,t! nc r~sa's irrir/iart. ,f any. and JJtt:orative ltrlc,uding st3ttta�>, marker, and Light Tot., et
prim with apprTvet?. preparation and parrot and pia) strtactttrc,, winch an dartaEc;t dire s,. the
EVENT_ All replacement pr restonst ern xltalJ be in a manner :atisfactt~r I the TRUST, in the TRt:ST's
=.sit discretion. i Tie USER Jli:.11 repair and make 'tic PARK safe :lend available fi'r public us: rrtrnedi:stcly
aftcr the USE PERIOD. Cemruenc+ns ss en r7) day, llla' ing. Mc tact Sunday perfaeme.ncc. Ole 1:SER
ttafi �rmntcrce sodding or mulching dtamsycd god area tit preia ion t::st the Corporate Run. filch takes
place attnu3ilr ire last Thursday in April t'non the Corporate Rim's :.c=ncittsi.rtr thr USER will dili_enih
and c�'trrrintkaLsI) s r,rk Itr rtsumc and finish the PARK'c{,rrpketc sut-Fe 1 to the TRI: ST's sole
and absrrhttc xt>pmval. %%inch era\ be withheld. USER shall complete all ri stora?rnn nth later than Jane 1.
annually. LSEKsha i make r, qu.aiifed rtpresertatiNe :ivailahk t fur w.7iom the'i'rost shaf retain anl*rc»al
riihti i to review., dia,:uo,s and implement a ccurse of action as a result of Harr.. es to the PARK in
:i. cort±ancc v, It the team rnentio lied in Section S. Damage and Security Deposit. Should the USER fail
complete the ?ARK'' rema alien In June l atannalh. the TRi St shall tzin de;.ttuniin& S lilift./0 pet day
from the S2 0..,TIW Manage and Security- Deposit for a th day, the reytrraticn .rerriiiins incomplete.
The parties acicno: s tcdee.that t `•SER apnn oecasion ahull. have the tight. but not the obligation_ sc." ramie
certain semi -cations to the. PARK in order to conito-1 the EVENT, with susth renovation-) occurring at
t SER's :sole cast and, expense. The TRUST shall not have are) obligation to USER_ financial �•:
other1►ise. ar n.ine c:Ut try the renovations the renovations. i(any. ,hail lit- it: the form depicted in Exhibit t_
(which F'tihi'bit t_ tn.ay' he jointly. Peet-iclni b: the parties sults_airettt to the exezut,on of this Agtemcnt but
prior w thr commencement .,i ant, renovation and rimy change ntvtt all}. 3s necessary) am/ shall be
perftzrred in a manner acceptable to the CITY and TRUST. USER acknow ledeirs that all such
rends art; rn. if nn'i, =.halt .>�:u: so as to niinimtre the impact t 1 t-tlt•r-s to the PARK. Further. the USER
rec itni.zcs and a •rc5 that the PARK i5 a public tau:iliT L and during the crn.itety of the USE PERI()T) sell
dta:Iterate with the. TRUST to ensure ortuc,inn public :recess to the facility_ ncissible
�. ('O 1Pi. ANCE WITH PERMITS AND LAWS:_
tt. USER represents and vjnt' that during, the term Mf this ,Vgree:nen-t..in connection uith the
•EVENT. it %Lilt c.htain and in:tir:virs all rel,luired permits aril appro,alc. 'TRUST will .tsis.t T'SER in
obtaining tier nhly p errrinsi f s rn the (J1Tr:e of Fir; Prevention of the City 1.:1 Miami_ fire i3epnrrmcnt
manpower requirements shall be determined hy the Hire i)epastmerit ?t lc .t I•i) business days prior tt: the
'EVENT.
b.. • USER reprr.cni and ►c:•truce that during the tem, c.f this .IGREEME\T. it will not use car
crirpii-y the PRESICS , or any other t.'ir' awned property. to handle_ transpom start or dispose .of tut)
ha_r.rdous matcriais and that it its•ill not caridu:t am n;tiv itj utt PRE41SES or Cit. irvwncil prnprrty- itti
ti iotanon nt any appli;_ iNle erts ire nricntal lrtws.
USER represents and covenants that it will c.:•n ply with all applicable taws. ender and t,riina.nces,
including. bui neat limittA Ica, tb€_ is aJ ?�1tt1. Li s tt�;i sz3_—�s� j: ,1L?_i"t. aj, 1.' .ry 7iNri.Ig
li.6crirttinViound. emtmnmer al L.
d. USER renrecents and wrant that it is aware of the restrc1gams ntsinc4i in Se tiC>z 2_2-180 throt.mh'2-
Page i
EtPVI ' ?u 1 ; E s } S;T E\TER FAINMENT (iR' i . P, i !NC'. t se. Agreement
Doc T00293
SUBM!TTED INTO THE
FUBLC RECORD FOR
ITE Ot IwUy .
t R5 ci tht- Cirri t f : r. Citt of Miami entitled -Handbills" and that it will crtrtti•ly with all tit the renu:rements
therein Kith respect t:• the di•innuti• n nt ct*rtmtrtcial handbills. Should USER :ail to eompls it shall i, r,iT,str itit
-Fru th pay rn rn of ar,t tine, thr Ciry may impose. upon the TRI`ST. Pa intent to: fines intp sa d rrri s ht:. made
ssihitit, ten I iris days Aiq receipt thereof
e. USER ac.w;rts t.fis n t Mere:.} acknowieckes littit 1'SER's strict cornpiians:e with _lt
applicable Ik.Q r . vale .ir.d lct;al lass*. ordrran�c= and reeniati ns. tS t :oils—SU.=ri of ;tn. \c:ccr rr t, and
USER and any of tr czrttikn e-s, agents or f+-rformers. .lu if ccmpk thereto th es the :Mite presentl3 exist
arid as the+ reaty he :snt-nd hereafter fi3Tc .\ r anent thinti fk �onistrued and enforced azeordint^ to the
laws of the State :•t 1-1-oritia.
Further, the USER. Spa ant xi!' its employees. -agents rtrformcrs. hereby aELcS 117. corn;,'} Mtib :ill
regulations rrurt/int travel to and from the United States s promulgated by the I S. Department of
Trc:;sur:.. Office of Foreign A.a.sets Control C''(.)F t(.-) and the 1 `. L}eeartrrienr of State.
4n3 uncured cialations ,,f ins federal. &tie and Ic:al taw shalt aitbtect the USER to i eltation of ihi
kurternent
6_ USE FEE..:
Inconsideration .>:t ihr ;ice of the PRESILSE_S. USER shall be reiNthsit•tt for all a ssocral l with the
EVENT. and 5hn11 compensate the TRUST in the manner set forth in Attachment A. w-hich is attached
her vi and trout: a part -of this Agreement. In cx.change. the- CRUST shall. al a minimum.. Prot ldc those
,:crtan enut deliscrahlerth d in Exhibit .4. further. cutnmertcrnE the third rcar 01 Olt term farl6i.
the l'SE FEE pc: weekend shall rncre3;e by =`.', annually
USER understands that if the PRENt1SES are not cleared .74 any and aii ptoduc.ion equipment by se`.en
(7) toys foIlowin t1t: Las Sunda; performance, trril�s IT has made other arrsnzernerts with the TRUST. a
1!t,U[i(l day fief will Ise imposed until the PREMISES hta.4 a been ..feared ..f production equipment
1. SER muy irttur additi oat bait€es (-Additional Charges-1 for rental of :ems. tattc, and .ithcr nece :ar•
equipment .'r iera-iaets that L'SE.R may re-qu rc ate TRUST io meditate- \\`nh respect v tents. USER shalt
not he rer{:itred to use 1 RI Sr-, te.:it servi.X'rs or installers,. pros riled thai the Icnr installer or sax laser
rinin s d hs USER. s. tsfes 1 Rt ti ieiluiremcnts 1 he rural cos: sant Additional Charges c
;hail L
determined upon pre-"niation cifin�'oic . lion! t \ arious iert ice pros niers I
Except . nthrntisc specifically pnisideJ herein. USER shall be responsible fist all costs insolied in the
prc`..cntanon of the EVENT. including without limitation: n: ail BMI arid :\SC":\P license tees_ air staffing and
all charge,. for pollee. fire. r Lane. t:l5pegtkrs. building and -or tts,sem.t111 .pertitlic. 4ecL71t1', insurance :all
utilitic-.. 4txppiies. t.4uinarrent rcn;sf, ticket surchar c. all applicable'axe_. ir•,_lt:din_ State of 1 Ionia Sales
Tax aria cuter ser>. ices. except those Hiti:h arc furnished hy the TRuSi` and arc included m the USE FEE.
7. TERMS OF PAYMENT:
USER shall submit to the TRUST-, in ihe form of cashier's cheek, or tort res order. ri . tater than S p.m-.
nine calendar days pnor 1c the cvtusi.enccment .of the USE PERIOD the USE I- EE. miner any applicable
Ticket Surcharge and shalt have replenished the tiurnage and Sesurirt.Deposit by the dates outlined
hrreiin, the Ticket Surefutrue chain be payable a: required in paragraph I f!
ts. IY.4 IAGE &SfCIRITY DEPOSIT:
llte Damage and Setarity Deposit shall bc in the amount of S2511.000 ant shall hie subset' to the
applierthie terms oftttiS Agreement. 1 hie Damage and Security lkposit i-: intended to tccr+rr p ertc.rmat to
Pace 4
BPNIT 201 ES TNI I ;.TLRI'-A1N\i1.\.T C:ROL P, INC 1 se -lgitt:nient
UDC 4 ,o2gX
SUBMITTED INTO THE
FJBL1C RECORD FOR
. _.. a,.s nee (41741/4
of all cif -USER'S t*bli0.a:lons t\rrct ndet in .>*idttt The.: Irttrntjc 2nel Smut -its Ds-po it , ir:endcd
sewn SER's-r ui tut mare mates to 2i1 5.:i • It,. 2lJ17.&l 201t
A,ttlfiu ir_speiri,'ri .'it the PREMISFS tnn ttlt punks —will be inut1e'1\tthir (-t business days :met 1:1:
cornpktrc,r of EVENT wherein tit; sltiln term and lnnn turn repairs to :he PARK sir be i0clifIlied. The
t}aertate and Security Deposit will he held by tin '1.'R1'ST until such time : s ail the repairs are completed
or a = • depich.-id by the 1 SER`i, failure to cttrtt;rlete the restnratictri 4s ,thin t: - — time The Damage
and Security Deposit shall >rI is Se applied tiev\ard pa'. mcnt of any tees, at cyst ins; the
PARK. the City dear;;; or the TRUST for azisities and o;xra:wins of USER directly rrs:rtinj from the
Event hereunder. or dirai.-.0y a isrn from :he EVENTS. In the event the amount ne.escai, to repair the
USER', trbltl_,att.ons. hereunder exceeds the f uxia r 904 Security Deposit then the
USER aL,ees. to pay the halal ee to the TRUST. within ten 1 LUl business da\ti of the TRUSTS written
rrc11,e st_
"USER( nether ace c- to t:tfr'rm the T'RUST on Of ; fare iuly ;, of each %•L T of ;.heir intentions_ tor the
salb.ectue-tt dates through the t'nc! of the term of this Ap-cetne.-it If tilt t"SER tee: not intend 10 htY171.
EVENT aline P.ARK in =uh5cyurrrt years thr Damage and Secw itv 1)eposit sha t .:,tended_ lithe
USER affirm:, rote -melon of holding EVENT, the Damage and Security i}eposit %t9I t»c- held to s.. ere
performance of all t SER's ..h:r i0ns. Failure to 3iErrn, ,ntett:t sn lt; ,tc b\ JL'f • 1. et each veer shalt
not be deemed tut affirntil ion by USER o: it~ intention to uh: the 1' ARK.. t SE'.R'S !dilate t:' affirm its
intention to use the PARR .half result in fo-rf ttwc depeciL t_:arccl.:.tr •r of EVENT atter USER'S
affirmation to inc TR1`S`T , 1 is intention to disc the F i K.1. shy:l result it; forfeiture ,of the Damage and
Secure Deposit.
Similarly, in the Ctetn tilt Dunnage and Security Deprn_it falls heio►v S.250.000 -after USER t.`o rtpt ctcs :;11
necessary reprsiri to the PARK. the USER shall replenish up to thr.- felt amount (Al S_-M,(Mi4). within tent
•t 101 business da. s v1 the Ile; ST'S written requct 1 lie TRUST r4tunuatn the Damage and
Sccurlls Deposit in rut interest bearing acc+o1Lm. The intt%:c1 shall k.Lnie to the I_.EK'S hcnetit 1 he
TRUST shall credit all interest towards USER'S future tinan•:iai oblieiniins
9. BANNER PI_4i~.•_ENIE: T:
The TRUST refer\es the Haile; in rem place, :era of banner; isi Bat front Park.
t 0, T1CKE'Tt
a_ Ticket S.urrhame:
USER -agrees to pay to :he TRUST all applicable ticket rcharg s:Is stared in section 53 t of the
Cock of arc City ctf'Miami and ordinance t f13(14 at the t "its r,t ;L.`, untended. As of Aargl:st
I. 2005_ the applicable ticket surcharge 1S a lRllo\vy: i -n:l on All tickets between s1.l14l to
S(4'i4. SI (i an all ticket h'et'►.ern 51{,0f :ti S''iq' it l S2.00 or; 411 titkcs! Saft.ljil Ali cr\•rr.
l-he ticket satrcharee, or an amount e.:ual t:l rhc ticket s:Itzh:oge. shall rh.o apply to :Il
cornpiirnertt=n tickets ct rpl as provided hereunder. 'i ne aftiountJthe surch.arge `halt be
paid aiv part of the. USE FEE: nett the later than one dn, prior to the opening of the date_, for
each respecti•e Event, The :indent tit ticket 5'Jrcharcc :::lull be paid or etcn ticket. .ld,
rr�.+3trdlcs: :f whether the ,like; is u5,c-cl at the Laic or. an EVENT d±
-('ONIP1.1MEtiT_AR1' T1CKE1 S; COMPLI.N1ENTARI' TICKETS;
USER shall have right in distr huie, up to 1(1.30 tickets pet each Fvent day {in.incline up to 40
oLi:cts t,-t he pros the TRUST per csLlt event day, vvhtid; will he \'It t for prof -notional use
without payment of a ticket...ia.thatte. USER shall only pa) a ticket surcharge ion complimentary
ticket's ;r tu.Ylty used . i the EVENT in e<> . u; the 1640 tickets aunhcr.ied herein. USER wall
112L'C C
It.PNIT 21)13 I VENT EVr4171 Al\'MENT GR(it 7P. IN(' 1 , t .-\grecroe nr
Doe 40021iS
SUBiTTED INTO THE
ruBuc RECORD FOR
7ETJ D.1.3 Ot\ y)2u/Iy
;-11. pal. :i pink t surcllarvic pin ca"xmpliFi ertt:trt ticltet+ i_Stie tri excerisb of Silt 11140 1:.in.C15 authorized
eti crt: �. t+ut ett_ US ER aL,rrs provide TRUST i,t-itn complir»antan Ticket!, tn, lairs
Than live i'i working aat>7:riiii ro EVENT.
TlC'KET POLI 3 :
' USER ae:ceti raa. all to keted events in P:$RK will be :ut:its! ht tire "TRUST'S 13 . Crti;cc
�. uiu:fir and;,zr Ninn,:s er_ There will Ire no exceptions.
' .i. SLR agree, fall a taltd ticket marife 1prior to the cpcn.nL' of the Lairs.. There will bepo
c>,ceptiatit. The TRUST'S Bill Office. 't iciana•,r and or. Auditor will repot anti}ianec or 1s:1 .if
compliance to -The a i.ecat:te staff prior to tl.i-: pates twine_ opened ,n airy of:he EVENT...
F aiiurn to lino' pie ti valid 1ickf_I inanitesi ma]. result in Ii :'L'ln-,:ornpi_iarjce fee ao .•inJinCd bciow i lie
fee will be ak:e sed on ail ti,cket; counted ht the TRUST. includimf t. +rnp hniicntan ticker-,.
?.ti{H) to 924.99 Tickets - C I Artiti.+Jtl nrm-complian.e lee
u.tltttl 1-J.1x41Tickets - S_.U.rtl I){ nc r-cortivba.net fe
20_4041 - rickets - S �Wlt !Ni itm-act. t ip«ncc ',cc
C.. ('tiEK agrees that the TRS ?,t Ul l li TWA' ( SEWS cost all pervninticket
required icr ticet
Exl:!n1; gate :i,rarol m i ttekei t+Ninrrnc, at. necri-n
USER. agrees that all tickets must be torte in hall heal( 1111.:cf to re:trilled t.. the
rt.'irrn mtcrie:v. the show, 1 he TRUST rrsrnes the ru hr r, aezes. and .touni all "drop- ticket -
stubs. .`
t. In the wren; that the-l_.SE:R empky. Ebe ti�:et scanningmc-.iic i tt;rp t—d to the method
dt!scriried ,rt zectiin I n.c-
1 TRYST ticket ,.-ttttribirte personnel will not tear tickets in haft and 1 drop c.i um will no:
t4 u ti_
USER atoll provide suffiercm back-up searmen. rn the evert t't in) scanner
rrfaittta..lion.- In the event of a complete scanner failure, TRUST mas use ahernative rttctho& t++
' iTaint.liii 4CZt raic counts cif patron_ atlrfdlnf the EVENT.
1 USER will provide TRUST with it laplt, : loaded Kitt, a nckcting proerarn that will
t a.a the sc:.nncd urkt:z mik ne it riossihlc I.i know tk'1ii mato: patrons are in the facility al an).
rlrre Nt.hmethod will by to.tcnirtn Itie_below.
' In the cve'itl rhalthc shot..!. tirke.1> arc soul out. the TRUST Anil USER W.±ct ti+ the fatlatwittg:
1 fick`i ccu:ttire ffwill not hr requi. id:
' 7 USER wilt pay the TRUST Ore p. r ticket surchtrpri pursuant to sectian 5 F-_- rip
Me Code kit the City ofMi:anti and ordinant_-r I 0509 of ttrc City isf %harm. as amentlrt1
Ticket Sus hare_e will be due and paid no lister than 12.15 a.m. t:i each ciao solia�inc
:how: and
' .. ticket Surcharge will he paid cflt CVEry ticket sul?icct to ti-t t.Cfrtts and conditions in
section 10.2 and 1II b
1=SER a7ecn to ptill applicable take, and scn ice charnel.. rel,.te: ti sicen_. k.
11 !1)1 FRTl51Nt;t .r, ,
.•�.dl :,.i 1'er icier l;,r E% Ic.VF at iSt State liayfrtrii t}arl. .ill \ 13e.b.ia r1C lloricta `3132
Page
FSFM1 :1D 1 ` i\ EN1 ENTER1 A.P\N-U\T GRO` }+, INC1 se AtIrettment
' Do; .11)02ci}c
C'JBMITTE::: INTO I k
F:
FUBLIC RECORD FOR
ITEMo'i. ON wz /Iq .
12 FOOD & ARTS & MEIf 1 A. DLSE IA/CAT1ONS:
rite TRUST arid the Fir \;ar.11:i:1 .:i the r_'irs i=f !ctarty rei..cr a the riEiit acsiznitt: rh: 1_iztttion of all
ftriid and craft tits E\ ENT uitl: proper and a<i\amt. n:,tifica,;yat to tits: USER.
13. SEC( °RTT'Y:
USER shalt provide at USER'S coit, all nee sear l+trtmctr.:shin es'ent 'cries r c,ird p rage O;itcer, is br
itcisn'ir,ed hr ti-ic Cis) ;rfMiami P.-"flea Departmerntand the TRUST In additi.tn. TRUST mi» reaui.rr
extra kilt:iris or Smartt~ it tt dec'rn nt re-Ce;yiars.
14. i2ATE RING:
USER. :t it, ntic-rt cyst feral iri iLk ; aterint, ftrcld and bes'croyei and tltc :Icanup Cif the dciirnat. I_z4d
aria daring cite EVENT, The TRUST retains the right to hire. is, USER'S e,- end expense_ a C one.e -stern
t oi—irditt ior. Hhosr resouricihitt\ will be to crierbce- and approve. the coiordinatuYn ,et all ci?iteriistitn
operators. and tO report to the TRUST and require immediate c-arre.nion ot arty _acts that do run conform te:-
thi; Agterrnctit. including:. but not limited to, the adherence :;f.all S331.e, count.: Municipal anii Trust
health <,tidc4, rules and regulat
15. TNSURAN(TE;
USER shalt oh air, and maintain in force for the LSI PERIOD. (ielwra1 L ihtht\ lr uran.. on .:
l,_:?niprcinensive General I iahilitt Farm or an ccuisatlerr,, policy k'i,-rn in the amount of coverage td=enredd
eccrptable h. the City 01 Miami Risl. Mynauetne nt ,•\.i iiinisLalor kir trail} inj.unr raid proper} damage
liabilit>. see Exhibit E. which is litlarhed itere_tc, and made- a pan of this \vetnc
The Cites c f Miami. the Ela>•front Park \tanaF.r_rnr:u I rust. and the Army Carpi ?t Engineers i -1K'.11
CORPSk shall br natred "Additiciniil lnsiired" on all pviiicie-t_ An'• questions regarding insurance should
.be direcir,f to the Trust 1 he Trust will liaison bctv.een. the rit> Miami Risk ,Adrtimistrawr and the L
cati_ernsn`_ qucFtitins revardanz rr. i1ranLT_
ll.'SER still 1.uniski all in..urirncr certificate re,tuired bt the Cu\ of'stianni Insura_*twe ,h dn'rtt:.+'.rat r, no
later than ten (101 day*, (triter to the commencement of the USE PERIOD
115. INDEMNIFICATiON:
USER ap-ars to indcrnnif.. defend_ covenant not to sue and held ttnr:nlcss the #'ITY and 1 R1;S 1: and all
the ("ITV'S tinzi 1 Itl ` i S rrctnhers. officials, of icer=, a- ents and employ—mi. r,eollectitcs> referred to as the
-Indent:niters"i. from and a ainst all lus-;cs, vost;-, penalties. tines-. darna c-, :lain s. cxpert...cs i utcludin1
annul 's fee and costst, and liahilitie tco1l.rcticel4 rcirrreti r.:.L. "Lisltiltrici"i ar•isink lout of_ rc;utnne
from, cif in c.'niteoicul >♦ tth (i n the E1`-ETr-T, the use of the PREMISES .and of performance of anv
rn,t\:tirrn to the PREMISS . (at; the fYstrformanee or rnott-perfcrmarrtre of tick .' r 1n±t.. whether it . nr
=s alleged t.: tx, tih :rtl\ of ndircwl} cam. in •sshole ;ii in part_ let .a.n> act. onticsion. default or
ncgltccnis (ttihcThcr ratite »r pass c1 of the Inclem titers, or any of ihern lexcepi for the InlemloltaL
criminal tic uroneftti acts_ or ui4`u ncgtigrn;c or willful thus -conduct committed by .uc.h I-mien:nitres1, or
terry the failure sit the USER to -Cirttlpl) lstth and of. the provisions contained herein. or to :onkorm to
statutes. ordinances,. or ocri rectilatiorh rr r;quircmcnb 01 SUM" ei,vrrrunentxl auhrrn., federal or %Me_ to
connection with the performance of this .Sgxx-retort_ In addition. USER espr::sl\ afrrees in indcmrifj,
t; ,mart not to =ut acid irnld harmless- the Indertiniteex, or and of theist. front and astainst all liabilities
lAkirc" h me> h-a :seised ' an employee rig firmer erne nlee of 1: ER. n.r art \ rf its subcontr'..ctnrS,
provided ah;.l c, for wltich tier 1'SER's lishilltr to such cmpio ee err fOr:n-t errblolec ssould otherwise he
Icmitctl !r+ pa>meni. under state 1ri'nrku t': irrpettsaticnr. jr stmiiar- laws. Tnis todentrim prosision sALEAll
survive the lorminarion• el this ltreentert and Shall iDrtiinat In etkkct until the expiration J? the
correspond-ing 4taiitle til limitations or the thereof
Paee
F1I'\1T 2•01; E1- ENT E.NTER1AINMEN•T Ci-ROI-P, INCt Asti -cement
SUBMTTED INTO THE
FUEYr RECORD FOR
c 0, (//zU /y
17. ;EtLSK OF
E= rxpt +e.t lur t :rat t.hc f :l?i.wir.& sentence. the C1i1 .end TRUST asS 'ne a. rc>pr,rsib ltrt v tthc s �r
-fr t an. per -tin (sr propert+ that enters. the PREMISES a� a re ::11t of. or to t. )nnec:ion r. ith, the EVT%T In
conscilCrafit 1 of the esedution of title AGREE%1E'IT !T; :he 1RUST, he USER releases the CIT\
the TRUST Irrir.t an) and all liability 1iT grit' ices& Ir1un, tt_atii, theft.: rit::_e .+r dc::tru.:tion to an"
persons c: p: ,pert. u1inc9i rri;r i?:rite to or about the PRENILSF .'USYcRR iut. not agree tie release the
CITY or the TRt ST for am and ail liability to the estcnt suvh '• .le:t^rminecl to be .due to the
int:arnonai or HtilTdl misc nduet or netli�_rnce ,,rthe CITY tnc TRt1ST . or tea r pr..Trive emplcrve�s
nt i,crtts.
IN. FORFEIT OF CANCEI_LATIO;ti:
Subject the It,:w tnajrure prosi;it1ns set forth in tius. A=:reemen.t ;Par raplt 1(I) all ads-airt':r .urt:, or
advance pa)tncrts under this AGREEMENT, shall he forfeited tf, th :gun : the fault or action ,rt the USER
the. EVENT is rtt-r. hcld %%rum; the lates and limes contracted.
19_ DEI Al. i.T PRO►'ISION:
In the event the USER ,brill fail to comp!) with axes' material tcrtn and c:.ndition of the AGREEMENT or
.~hail tail try perrorm .r •%fthe material terms Ltd conditi:ins c ntanted herein. then the TRYST. at ty, sok
option and in addition -' ail other r+ihts and Levi! remedies ;1:a:'::I+1: to it la) hiss, upon µraven nnuec to
USER neat cancel and terraitune this AGREENIENT.,attcr rruvislirs: USER vs tth urttcn n,=,ati-e of an;,
material health In I:SER and atia allossinF L:SER art c•ppc•rlunira ofth.rrr+ 1 Mat lima to rum st ch material
breach or default] and alb pa:meats• adtanzrs. or ether eorrIperciarion paid h) USER parsecnnt ti 11:1+
icreernent. shall be forthvsith retained 1'y the TRt''~T.
20. AWARD OF AGREEMENT:
USER represents and srarruns to the TRUST that it has. no! etttplt}• ed Of it -tamed ant p1;rk�n or _. rmpan}
rmplo} bt the '1RUST to coiicit ,er secure this AGREEMENT and ..,,hat it h& exit ot�..--uti to pa.", paid. or
a,_, - cj to pat feet". pers:fn tent, i?C• cmmissh r , percentage, broke aEc fee. or inn of any kind cornitn2ent
upon or in connecrt; n +tittle, the guard of this AGREEMENT
2i.
PUBLIC RECORDS:
L'SER understands that thr ptr'iie shall hasc ri c al all reasonable timers, to all do.cumetztc and
information p rtainine t,-• TTRCST._,Fntracts_ suhttict to the. Frioi;iori;. oot Chapter t it). Flnrida Statures, and
aired t: sllnµ aet-r<S h.\ the T fibs' an l the public to all ;1,-s...timer-as cubic; to discliv.sure under
a .pi livable Iasi- I"-SER', failure. cr refusal to carnph with the pros1sion, of this section shall result in the
TRUST'S immediate cancclation of this AGREEMENT. USER a krrilt►tetfgcs. that this ermination is not
iti}tieZt to cure provisions contained t:(sesshere in this AGREE h1ETT.
: NO'.1.)LSCRIMMItiATiCO'N:
USER shall not discriminate itu:untit an) pcYcnns on •_ urn of race_ color, creed.:u,cc;tr}
national awe, e, hand.,:xp. or marital ..5iatus in the :Lac Ot"the PREMISES,
23 Al`TROR1LEI1 PERSONNEL:
the TRYST shall lease autheiri: ed representatives t>,ith decision making author -in!. reasonably available at
.ell reasonable tir*ye.c throughout the USE PERIOD fbr consuhinion tit'-,th USER.
AUTHORITY TI.i EXECUTE AGREE'IENT:
Each pare reprr s riti to the other that at has the power to enter inn zhc AGREEMENT and- that the •
consent of no other perX,it t r errat) is required in connection th-.mw ith, eticcpt its otherwise pro -sided. and
['age 8
111-1MT 2011 I.\ ENT ENTI K1 AI \fEN'f (RO I'. iNi' i ass Agreement
(Joe 4(1024li
SUBMTTD INTO THE
ruBLIC RECORD FOR
FrEry ors ON ('/'v
the AGREEMENT ;`r7r.,art.ttes :t .-,:11
aril rrnd;nt. oW.le r_Iiort . , iac:i .it( +,V+t11 rrc tern
RELATIONSHIP OF P..RTIES:
Th &GREEN ENT- shall not Se c:twd or ;_c,n.-,trued to ::rr?,e
irtiir; vet -a .Tr betwe-en the crr . the TRUST and USER_
:;.n) rtlxienship. par'imcrsbir,
726_. NOTICES:
\tics rceutrthi ust er tlhc .AGREEMENT sFiali hr ti cmc1 k''hc wh ban -d li►rrcd 1-with r eirt
therefore) or mailed t±'\ regiNtt red sir cr.rriifk4 niiiL, p?slzw.e prepaid, i churn receipt retfuecatii.
2r
5 TO USER:
Ru.sell C Faihi-.zh
Pr-eidnt&CFO
Event Frnerrainmetit Group,
I tt(xi NV. 1-3' Street
tarn', F k,rida 3 :1 '
AS TO TIIF t_I I Y:
fohnn. Martinez
C it;•. Manager
city Lit \it;.'ttt
3509 par: rl:nerican DT.
N1-LA i. F lortda- t;?
AS TO TILE . TRUST:
Timothy 9 . Schur and
E%c:u:i.c Direr: ,r
301 N, ftisc3.n: Ell:.
• \trams. I k?rida ? I ; i
PrTTH N COPY TO;
Victoria Mendrz
City 4tt.rrrtcr
444 Vik '_nd .t•c_ Swic 94:
Miami. Florida 33130
ONDEI,E(;ABILITY
The AGREEMENT mat nor be trtrt,iernea c.r a s(grrd by USER w Omni: the prior esprt is written consent
et the TRUST:
GOVERNING LAW:
Thr AGREEMENT shall Se c+arr.trued ac,:ord,ir{; t_ the i u ,s of the State of 1 8c=t,da and .criue shall he 'n
Mlam i-13a is Count.
29. CONFLICT OF INTEREST:
USER is aware of the ;nnflict c t interest fa..'; Rif the ('i`), of \.ittmi it -ode (.4 the tarry .yi Miami. Florida_
'ti;;irtier _ Ankh: \ r, tiliami-D:ulc Cunt:. Fl,'r'da iCide . 7 'Miami-I):tde Crit. rt+. Florida t("e,dc tt
1i rni-D: de Coitnl.-. FRS rtdht. S-e lion 2-1 I I r rtnd of'the Slate ()f Florida (a .rt forth in Florida Sunniest
and agree: it'Atli lulls ,:inpl!, in 61-1 rR_.pect' with tit terms. of 3aiJ taw.... and sn+ futile; am.endmrrts
3tt. FORCE MALMl RE.
The parties shall nut be FiahFc to the other ter air. failure to perform theirrespeert+e ohlivalirii. where
Stich faiiurc cauwcct by conditions bt-si rti their resp,.i.1ivr ccimro1. including_ hut not limited to,. Aitn tit
\ature finctutfint tile, flood, earthquake, storm, hurricane or +.ther natural dis ±i r,. war, iriV i:+r. ti t ..,i
for ttn L•nena:z`.. 4'1'c ru ?n h rehii countries that afTeet the pastes, its Liti.ren`.- hostilities (whether war 14
Page 9
8r \iT: n t EVENT L.\ 1 l-.RTt[NMEZZ (h,Lli'i' t'.l ( Agreement
f};c VW�t�
'"‘ hyrn
A
[U ICREC
ITEM DI.3
RDFOR
v/zy//y .
detrlare.d cir not), anvil war. rebellion., rexoluttrmn, itista rea Lori. riots. al:.Ei _elehtatioas or prcws2t. Enili?ar}
s.if usurped power Cai^,sGcittes biiStSnati,rnatiraii i. rot eri1m nt Sand ore xlr r� t►Ltir3n
hirs.`,.i.1^e. :rrtht'R'efi, lidunt dispute, strike, tcickr,irt rtr interruption. or the fa. tiro of.scr.iiees btJ�fi
t-1, :Zrf_itt kir telephrYrie.
ASSU:N 1I: l_
sl Except as o: ersxSr speci calIy prostdted USER max ntiii 1a;k:ma ilj or b. rp -a i n i-
let+, asSiun_ e.nr.wrr!ier. picitge lir cs1he*s:i5r tra:tst :Il ar* pan 01 L•SEii's rt1lz.,t,St in tins \grt:rncnt Any
attempt bx USER to assGtra all i r ars.' par of i,s interest find an anrrnP; to subcontract its. muJ.nagert:cnt :luite-s
iic c int;, l t...;:ept as otlu-: ire cErecificaill provided. ut this S;'c.ian i shalt he vnld zim Of no foroe or effect 'and 1hr
patties acknowledge that the foregone.. is ni?i rntendi d, end. shall not apply, the dekgation of those usJis: and
ens-tor-i ir1 production dimes of USTR .as an niter organizer' .let the ckrnr of 3n}' assignment_ transf&r.
encumbrance or subcontract, USER shall remain tiabk for ail .-"fslis'litons hereunder a.3.i the t:ar .,:'ere: Shall bi
jo rrily and severally trine fin_all ohliaanons thered- ter arsine under thus agrcetrtenL Any transfer VI a G,ntrsftinz
irrterea in USER twhethcr in a 'ire Ie -transaction iir tnuI1ipke tratlsaztionsl 5h211 he considered an asisilmment t'f
Agreement USER re.c,gnizc- that C.ir!, and or Trust identified USER to be the tanitraeted cntit} in this agr�-.n en;
hxscd ��n (. EK cs erirci_e and specific qualifications in raper✓:ir_ frig o'e*st
(h tit4wr; sta.'iding tiie is reacting, USER :shall have the riaht Li assign or transfer this
Agreerent to aril, pi 1hr fcflos inn tear:1i av TTarisfcrxv-
tit a s.i ;ar entire arising from the purchsac u.r. or merger or 4.yrs lidanort: or
r f i i :err emit+ that pier isats s lestatttiaiiy all (tithe es -sets of USER.
pros JQed in either case aI l ut the following eondiiietri are met:
1, the Transferee has a T:m=thle'set 'Worth in excess of `,Utttt,ttUit,
2.. i hr Transferee has not Ins iha_n fire (51 year,'experience in producing
and prom. ru the entertainment exeiits intemattion:rllt, ria<irnaiti` :7f re`�J-�•1r311,
'awaiting operw.ine riot Tess Hun entertainment cxents ui tisultipte Stalin in.
countries during >_irch fi. e t 5 i} ear period r_
USER and the 1 rarisferee shall excculc an :n:trtnncnt pursuant to
�•Iti;li the Transfcrtz x>stirrres all obintations thereafti t arising and USER .ci:no'isIce's
it, j.pirtt ind .ct eral liability fair all such obligations:
4_ its Ex;.cative Director's re4sanablc determination. the 1 rartstctee fws a
ckyd reputation 1.7r pr.;dtrranc events similar in nature and is an appropriate manairei ; .r
the thane Executive Director shall.advise USER in writing whether or not this
condition four ta) Its-+ tx-en met within sixtx a601 ria.t nftcr Itae'lrne rc:ci•-ed such
entOrnr:riiin .;s Ext- titi.e Di:rei-ior shall ica onabli rtytJrst to make the determination. If
Esccutive f)ire:t,r does not advise L-S+f:K that the Transferee is ur:axiepiabke within citeb
si'sT. Of)) due period_ time tieing of "tie eri1cn,:e. this condition t;iur r•ll shall he deemed
-saris ed. Ir. the cserrt Executive, Director ad%ises USER in urihng t"f kecutive
Directors ti.ti c'-) that this c'cini itic,n four i 41 has not been nisi and, if cc ndatiiins t.
-rad. ; have been met_ then and in that evert. USER shall have the neit to terminate thi•.
Pane It?
BP.M 1 2.00 UCLA 1 EATERT:ai\\1.EVi GROI. I* INC l 5 Ai:reemcni
Doc 414)29/t4
ort
`<A
WTI
[UBLC RECORD FOR
ITEULDILg ON // y/iU
A`=-r-itttnit t+',Annex, n.ati:.ti 4".1cr7Tiinatiort Notice—) to Executive i)irecor psei; Nth'4n
tiltrf`. t ;til iti:'---, Ziter the date c,1 Lvec tiLe Director's tieing of the esseri�r.
Intiurt the Terrrirrtion within than) t;Or days ajtcr Exc:lai've
DifrcAre: hall uTci,tLcabh Lonstitutc �. `.sER`: i►41-;Cr CA Its rt'thr Ira terminate,
1 'Tacu temination of the & icc-ttient Linda this USER r-Atall bC entir1 1 to 112t:
:Cturr of is 4e:cusit Er ,,wit within ltt dati•s of C;SE I 'request titer: ill
f'tt: prr tsi;3r r.f pars rraptts abet%halI tint prevent L_SER it the -performance of its tv:,ines to grant hurts mid
enter inter a'e5 Sri, atttl serv-tcr nrs for the a enL,. Specifi:_ali,, USER is,uthalizcd t.: s-Ltkootizo. non,
reauta orient dutiee t:.1 LITit rs. Stiff le -nu u_4 such vend.ory avec to the iristi anct end itrdernrii F:.ation provisions
c.ceritant d herein. or USER ace_ ec ti ['MCI any •.j h c'}3c+r purv-i:3nt to its insurance owl inderrinif cittion
i Frta!,X III !It At'S 1
Par c 1 i
L3Pc1 1. 2013 EVENT E \TERTA1\ME\T GROI I', Ih:f l tic Agreement
4rittl '?R
L. z
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J B IC RECORD FOR
ETEM °s3 ON "'/"i
fN WETNESS WHEREOF. tht rtartiectterrio han4ividu&k irid thrnuzb their proper corps -tram cq-ficial
extQutril the NGREEMENT. thj the zin) mu! t.4;fr writurn.
wITNE.LSt:S:
A 1 ELT:
B
Grit
Administrative.01Tr
_
ArPROVED*1.4S TO INSyRAtE
ft EOUIRE4MENTS:
'
BY:
Calvin
KisL '1/4121)-agtmcrit
BAYFRONT PARK MANAGEMENT TRLST
limited atenzy and iiimentailly
,,ribc. (71:y of Miami
( 7177S
Ilrerntitit) F. Selirruuid
Executive Direz-u,T
APPROVED AS TO FORM AND
-ORRECINESS:
BY:
Viaurla N4ciuie7
Attorne!.
Arms T: USER: EVENT EvrERTAI MAE:NT
GROUP, INC.
HY:
k+ci‘ r & print lame
7:7 e4 Ofird 77et, 1
BY:
Ruciell C. Faibiszh. Presiden!
Pate 2
BPWI 20 I ; EVEN" r.N.IEFtTAINNIF,NT riRol:P. INC. I 'se .‘gzirrment
Doc_ 4)0291
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FUBLIC RECORD FOR
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FUE4UC RECORD FOR
EXHIBITS
'TEM D2' 3 1\J LI. /2 q/ q •
INSURANCE REQUIREMENTS -SPECIAL EVENT INSURANCE
REQUIREMENTS ULTRA MUSIC FESTIVAL EVENT AT
BAYFRONT PARK
Commercial General Liability ( Primary & Non Contributory)
A. Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence $ 1 ,000,000
General Aggregate Limit $ 2,000,000
Personal and Adv. Injury $ 1,000,000
Products/Completed Operations $ 1,000,000
B. Endorsements Required
City of Miami, Bayfront Park Management Trust, Army Corps of
' Engineers, and each of their respective Parent Entities, Members,
Partners, affiliates, Division and Subsidiaries, and each of their
Respective Officers, Directors, Employees, Volunteers; Authorized
Agents, and Representatives listed as additional insureds.
Contingent and Contractual liability
Premises and Operations Liability
II. Business Automobile Liability
A. Limits of Liability
' Bodily Injury and Property Damage Liability
Combined Single Limit
Any Auto
U
Including Hired, Borrowed or Non -Owned Autos
Any One Accident $ 1,000,000
B. Endorsements Required
1
City of Miami, Bayfront Park Management Trust, Army Corps of
' Engineers, and each of their respective Parent Entities, Members,
Partners, affiliates, Division and Subsidiaries, and each of their
Respective Officers, Directors, Employees, Volunteers.
Authorized Agents, and Representatives listed as additional insureds.
1
III. Worker's Compensation
Limits of Liability
Statutory -State of Florida
Employer's Liability
FUBUC RECORD FOR
ITEM 4)7.3 ON too/ .
C. Limits of Liability
$1,000,000 for bodily injury caused by an accident, each accident
$1,000,000 for bodily injury caused by disease, each employee
$1,000,000 for bodily injury caused by disease, policy limit
IV. Liquor Liability
A. Limits of Liability
Each occurrence $1,000,000
Policy Aggregate $1,000,000
City of Miami, Bayfront Park Management Trust, Army Corps of
Engineers, and each of their respective Parent Entities, Members,
Partners, affiliates, Division and Subsidiaries, and each of their
Respective Officers, Directors, Employees, Volunteers,
Authorized Agents, and Representatives listed as additional insureds
*V. Umbrella Liability (Excess Follow Form including liquor)
A. Limits of Liability
Each Occurrence $9,000,000
Policy Aggregate $9,000,000
City of Miami, Bayfront Park Management Trust, Army Corps of
Engineers, and each of their respective Parent Entities, Members,
Partners, affiliates, Division and Subsidiaries, and each of their
Respective Officers, Directors, Shareholders, Employees, Volunteers,
Authorized Agents, and Representatives listed as additional insureds.
*With respect to the Umbrella Liability (Excess Following Form including Liquor), User
shall maintain at all times during the terms of the Agreement the insurance requirements
as required under this Section, have the option to, at its sole and absolute discretion,
either (i) directly procure and maintain the liquor coverage in the specified limits required
under this Section V or (ii) User shall cause User's contracted beverage concessionaire to
' procure and maintain the same level of insurance coverage under this Section V,
including liquor coverage in the specified Limits required, and in the case of (ii) hereof,
Vendor shall also comply with the requirement to name the City of Miami, Bayfront Park
Management Trust, Army Corps of Engineers, and each of their respective Parent
Entities, Members, Partners, affiliates, Division and Subsidiaries, and each of their
respective Officers, Directors, Shareholders, Employees, Volunteers, Authorized Agents
and Representatives.
' The above policies shall provide the City of Miami with written notice of
cancellation or material change from the insurer in accordance with policy
provisions.
1 Companies authorized to do business in the State of Florida, with the following
qualifications, shall issue all insurance policies required above:
The company must be rated no less than "A-" as to management, and no less
than "Class V" as to Financial Strength, by the latest edition of Best's Insurance
' Guide, published by A.M. Best Company, Oldwick, New Jersey, or its
equivalent. All certificates of insurance issued on behalf of Event Entertainment
Group, Inc. to, or in favor of, the City of Miami, Bayfront Park Management
' Trust, the U.S. Army Corps of Engineers and each of their respective
indemnitees or additional insured pursuant to that certain Use Agreement
entered into by and between Event Entertainment Group, Inc. and Bayfront
Park Management Trust are subject to review and verification by the City of
' Miami's Risk Management prior to insurance approval.
1
1
1
i
1
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1 .+ a
1
i
1
JBJC RECORD FOR
ITEM DI 3 ON 9/2 U/'
CORPORATE RES(ILI:1ION
Whercats, Event Enterrainnn:nt Gra.up, Lnc.. des ti to enter r ki :to A `rc, nt nt with the 13a3-.Front
Park %t:i::a 'ernerim Tru.T S1ih:CYutr lidI in the form tyl the ;t ii iuent io t►'hizlr this Resolution is attachii;
Wherreat, the Board el Dire to s. at a dui) held meetini2 h considttr + the -tlialer in ite..iir,.ince
v.itlt the By -Laws of the Corporation:
NOW, THEREFORE. RE IT RESOLVED BY BOARD OF DIRECTORS that this Corporatinn i{
authorised to enter Into the AVVernert With t.h� Bst front Park Matr_cinent Crust and the Prrstdenr.
Russell C. J aihrsch, r hi refr► auth il�d and trcitrd to txecutc the A:�errt.rtt in the name- ill' this
corporation and to execute an; other documents perform a[z1 2.cts in connection therewith as mitt be
required i ., aLeitrtlilish its purpose..
IN WITNESS WHEREOF. this da% o inek'ck 2014.
BY:
BY':
..�
Aix Cnrp' rate Seal
Rti,sdl C, Faihtsch_ Presidkni
Pace ttr
BP\t l 2013 EI:.\ CERTAi\MJ_\ i' GkOt P. I\C L sc A _-rcerncrit
D,z;_ 4nir-vR
awe'.' I .d Ear INTO let '..�
[UBLIC RECORD FOR
ITEM'• ON
1
1
ACC) RD
CERTIFICATE OF LIABILITY INSURANCE
Ties CEFITTRCATE i5 tS:SLI AS A MA ail OF INFORWLTION ON;Y AND CCN t-_+ta NO PtIG-FT5 UPON THE C_NtiFiCAT_ HOLDER_ T1-1L3
CERTTFIC-L E DOES NOT AFFURMATtir'ELY OR litE,SATIvIaLY AMEND, EX 100 OR ALTER THE COVEtRAGE Ai=F-ORDED BY TrtE PDJCIES
SELOW- THIS CERTIFICATE OF nstSURANC DOES NOT CONSTITUTE A CONTRAS 3ETVVEE'i THE ISSUING 1NSURcRL5 , et:ITHORIZED
REPRcSENTATiVE OR PRODUCER, AND T (E . R'.TFICATE i-FCL� .DER
;MPG ANT- 1! ose eetifirat. bower !s art ArP TIONAL INSUI D, the polhcytiesj m i t be endorsed. If SUBROGATION- iS WATVEO, +majx: m
trw ,Eris and ewstfitiorts or eas poi y, certain policies may require an anclanienvra A s-'itei,ti-i,. as C',k certificate Ones not corrfir nags its tiro
certifcatn h'alder in Sett of sucr Qrdor5srrser14s1
try
Carl Cates. FL 33' S
aisaran
Every: Eire-.ann.-en- Goo, tric & Urra Er--:p',*,2a
l' !VA' 1491 St7ee:
Li ams
FL
3-3 3c
00/014-1
N &mart
3115 9 52s!3 c , 1- tGS_ 9_
`-gas ^t3=.3n�Eaxass-san`;r�v.c
vi57SAne9 CO LLIE
IN31. 3 Gte i -4 7, irw.vo :ce Company
COVERAGES
CERTiFiCATE NUMBER 01
REVISION NUMBER DC:
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Additional Insureds: The City of Miami, The Bayfront Park Management Trust and each of the respective
Parent Entities. Mernbefs, Partners. Affiliates. Divisions and Subsidiaries;_and each of their respective
Officers, Directors, Shareholders, Employees, Volunteers, Agents and RePrasentatives. and the Army Corps
of Engineers. General Liability coverage ind•udes contingent and contractual liabilities, and is primary and
non-contributory to other insurances available to additional insureds. Excess Liability is following form basis.
CEk 1FICATE HOLIER
Bayirant Park fvlan•a-gernert Trust
301 N. Biscayne Blvd
Miami, FL 33132
ACORD 25 (20141011 Thg ACOR.D r1arna and iogt)8 c-gister -d JTJarlcsr
CANCEL + ST1ON
S-OU D ANY OF 1.'1. AP.OVE
rat EXPRATrcJii DATE
ACCORDANCE 1MTN Ti'iE
LiTnt:im 7,,Er 7.5,t1rtI
C.L•hlCF. , E' ire
WILL EE DELJVER?t tr
' -2014 AC 3.R CORPORATION All rights rese'riea.
CORD
Submitted into the public
record in connection with
item 01.3 on Li/24//(J
City Clerk
Cliefitr. '.'912
BESTBEVE
1
ACORD-. CERTIFICATE OF LIABILITY INSURA.NC-E DA7Er„tt.t,- __...
3;142014
`ilS CERT!FRC:aTE :S 4SSUEC AS A E',.TTER OF It4FGP.b'ATIDev QNLY AND CONFERS NO RIC-r-TS UP3N THE G_rTi=ICATE ei0•. ER TrtiE
cE TirrCATE DOES NOT AFFIRMATIVELY OR NEGATIVELY MtND' Ex END OR ALTER THE COVERAGE AFFORDED Ev THE POLICIES
BELOW THIS CERTIFICATE OF INSURANCE Ca'O=S NOT CONSI U E. A CONTRACT BETWEEN THE. !SSU] L i!¢SjRESI_ i.LITHOREED
REPRESENT —A— OP. PR3'2.iLICER. AND THE CEriTFiCATE HOLDER.
IMPORTANT. If trio er -_ cstc I,: Wet es an AD-DITfONAL SL ED. tt-s paury .as" -rust cc er«dorsen it 5u5ROGATIOi t5 vi.A1vEo, stitf,5rl tc,
t term!! striaco-it-Mons aI F:'ic policy- t:-'Lain policies mzy reawre an cn,i.,.-sernort A s".,i tCRtent on lilis ccartifica.Ie One$.. not c'Jniae rr3hls to :2i
certrh�"'J. tC h3fdrer .r 1n1:, 6` such erldt.rsemEi10$
rgax:e R "' Andrew Mendoza
Barney E. Barney (San Diego; '¢�}k. - e. ESa 5 7-'l4D2 `Y h.,t LSE 210-3943 !
P.O. Box 35638 • c Fat aridre'k-mendozaarh,.arneyandbarrey,com
CA License FO818131 • YtS =Jg.EFtr4y Af.%M1]1(t =MERaC£ F.t=R
Sari Diego, CA. 921V ',htst-eei Liberty Surplus insurance L.orpe 10725
:Ks_kLe ,t : f_a RSUlIndemnity Company 122314
Best Be•.,r--ace Catering •
al scxeF c Commerce and I►1duslry Insurance 13410
1`FS Associates, Inc-
I e.4c.=.FH c
4901 Morena Blvd. Suite 1101
I n+st sir. F
San Criego, CA 92117
311FL.AF
COVERAGES
CERTIFICATE NUM ER
RE-ViSfON NUMBER``
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Laquar Liability i 10OQC26342Oa
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01.012014 0110i.201S S2.000,000 Eacti Caine
1 £2,0 /0,000 Aggregate
35.000 Oed. Per Occur
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-.This certificate amends and superceeds
1nsur€'d at 53yfrort Parts, Miami, FL eurirta
Entertainment Group, Inc., Live Nation worldwide,
Trust. and all respective affiliates, subsidiaries_
4orporaiion are additional insureds in regard_
Liability limits are aver and following form
•4i Fa:6ti�n.,i Rr mrsA 3.:...A +,,c-:c s. as •. r.�..-.vfi
previously issued cerhfcate" RE. Operations of ilia named
following event dates March 23.23 8 30, 2014 Evert
Inc.. the City of Miami the Bayfront Parr. Marageme-nt
employees, and agents and Irish Times, Inc. a Honda
is general liability per attached endorsement. Excess
the General Liability and Llarlor Liability limits.
the
the
of
CERT:P: ATE HOLDER
Event En;-ertamment Group. Inc-
1521 Alton Road. No. 374
Miami Beach, FL 331-39
ACCRD f2010:'05: 1 of 1
'S7127t1Y12-74
CA NcELLATIO N
31 OULip. ANN. OF i Fls-AEK",TE DE.SCRfB PGlet! SE CANCEL SEcO E
`'-1E •EXPER,1,T1Cro,re TrtERE MC'li Cc WILL. BE GSLIVERE/1 !17
ACCORDANCE wrtH TH-E f'txi3i tSia'Jt„5-
A1.171-"Cin D ktlW=St;7&lr.
1985•ZCIO ACDRD CORPORATION. Ail rii i t r csorvrc.
The A_LORD naive ants raga are reabctervd m2'k5 of A.:ORD Submitted into the public
record in connection with
item al.3 on 1-1/2y/r9
City Clerk
CERTIFICATE OF LIABILITY INSURANCE MM 'ri'Y
Y
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RICHiS li?-=1r. ?4E CE:RT:FIC&VE raDDER T*i[S
ICERTIFICATE DOES NOT AFFIRMATIVELY ORNEGATIVELY AMEND, EXT- EAT% OR 4LT R THE COVERAGE AFFDRDEG SY Th;t Pviii£S
BELOW fl-US CERTIFICATE OF INSUR&NL E DOES NOT CONSTITTTE A GOt:-FkCTEE WEEti THE ISSt NG I1tSURER; Si AUTHORIZED
REPRESENTATIVE OR PRODUCER. AND THE GEK17F-i'.:,'AT_ HOLDER
14I?ORTANT: If the ceq:hcatc holder 6. an AT. DmOf AL INSURED to poiicyi=es': rnuSI ISe endorsee, is SLISROGATION S WAIVED, aubje.^: to
the tarrsis and clrtlefiorfs or the yoh-'y., cc-r`ai- p0i:C415, rria} require en endorsement A s.dtbment or- this tortifcate Z3es not ctWsr rights to the
CenJicats hoiden .n lieu of sus', $rid orsernisr;tLi i
xDJ•_CEF. CONTACT =J`. : .rTe'Ct : p -,_
PAYCHEX INSURANCE AGENCY, INC_ A C+ - i-AX
150 SAWGRASS DRIVE , ia:C.ND EX-: —_-_ _ct.. fkG N4 °-+ t-�-_:.,
ROCHE5 I E.H. NY 1 Zf} E. -MAIL
N- FRS 1P,^= !_ y7._-�5_ ,
'
ISSURE.R51 AFrOFS,IING COVERALit NAIL 74
Business Sniu ior:s; Inc IMSU+%cF_
Event Ent tertasnmairrt GiGuj.' Inc-
I*-ay_ras
311 PANORAMf+ TRAIL SOUTH INSU?ER C
ROGHESTER. NY 14625.0 57
INS.URcr. D
711SURER E
'USURER
F.
COVERAGES CERTIFICATE NUMBER: REVISION NURSER:
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""'£^__._--6-11^ .•7e1'7 _ !!'.:Et. ernCi:.a._,,: .aSS=' _.._ :..rT a-__ _ _ _i!
ICERTIFICATE
HOLDER
nC— a:c:i^ t.':.'•1r' G= =:_ t.tE`:TTJ]T :S -r
"'-r"' �!: .`;.!1.
_ I,: rFT, 3Ici:_•L.1'.E EL:'.
,t r, - :Trr
CANCELLATION
3r+Gi.'La Ax! �r srer ASOe. E DSCa�E.^.?�0:<.�. :� . RE CAW:El2�roieE Tr1E;�,.. =,!I1
+A:a11:ca�� R•La`T'r: or,-!fE.^,t;'.' e,X ,i.41r w::::.-::■
C C+� :,tr`E vrr : r 'riE
eeC-eSiC1t5. Hllr'7AC_kSETr, um', i rJl M'JTKE SHAL• Thsv-O t Y: JaLi4a.7::W vR
. LL -t'r r Llf xfn ,UM ...);,CM 't+E CGIROANt_ 1Ta AGC4T5 OR REPR`-9E-NlAr vES
i
<tiORIr r-.'t R£PRESE1tT AT VE• -
,L.CORCI 25 t20 t 0i05'
L t g68--2 W0 ACORO CORPORATION_ An fights reserved
The ACDR D name and logo are registered marks of A.CORD
Submitted into the public
record in connection with
item 1DT.2 on y/Z U�1u
City Clerk
SUBMITTED INTO THE
PUBLIC RECORD FOR
ITEI'v` D3 - ON 14/2u/Iy .
PART II -THE CODE
Chapter 38 - PARKS AND RECREATION
ARTICLE III. BAYFRONT PARK MANAGEMENT TRUST
ARTICLE III. BAYFRONT PARK MANAGEMENT TRUST
Sec. 38-101. Bayfront Park Management Trust created.
Sec. 38-102. Purpose.
Sec. 38-103. Governing body.
Sec. 38-104. Powers, purposes and duties of the trust.
3LEMITTED INTO THE
[LBLiC RECORD FOR
TEM Dx.3 ON LuzLibL+
Sec. 38-105. Appointment, term, qualifications, compensation, general powers and responsibilities of the
executive director.
Sec. 38-106. Employment of assistants.
Sec. 38-107. Encouragement ofprivate enterprise.
Sec. 38-108. Counsel.
Sec. 38-109. Approval of budget.
Sec. 38-110. Charge for use of park equipment in Mildred and Claude Pepper Bayfront Park.
Sec. 38-111. Annual report and audit.
Sec. 38-112. Contributions.
Sec. 38-113. Reservation of park use.
Sec. 38-114. Abolition of trust.
Sec. 38-115. Authorization of the Bayfront Park Management Trust to allow the sale and/or dispensation
of alcoholic beverages, including beer and wine, for special events, performances or programs.
Sec. 38-116. Criteria for denial of permits for use of Bayfront Park and its facilities.
Secs. 38-117-38-145. Reserved.
Sec. 38-101. Bayfront Park Management Trust created.
There is hereby created and established a limited agency and instrumentality of the city to be known
as the "Bayfront Park Management Trust." Use of the term "trust" in this article shall mean the Bayfront
Park Management Trust.
(Ord. No. 10348, § 1(1), 11-19-87; Code 1980, § 38-71)
Sec. 38-102. Purpose.
The trust shall direct, operate, manage and maintain all aspects of the city -owned property known as
Bayfront Park (hereinafter referred to as "park"), for the purposes of ensuring maximum community
utilization and enjoyment. The trust shall endeavor to attract organized activities and functions to the park
consistent with this purpose.
(Ord. No. 10348, § 1(2), 11-19-87; Code 1980, § 38-72)
Exhibit B
Miami, Florida, Code of Ordinances Page 1
Submitted into the public
record in connection with
item D5-3 on 412u(14
PART II - THE CODE City Clerk
Chapter 38 - PARKS AND RECREATION
ARTICLE III. BAYFRONT PARK MANAGEMENT TRUST
Sec. 38-103. Governing body.
(a) Composition; appointments; term of office.
(1) The trust shall consist of nine members appointed by the city commission. A member of the city
commission shall be the chairperson of the trust and the ninth member thereof; five members
shall be nominated individually, one each by the city commissioners and four members shall be
appointed at large by the city commission. Each member of the trust shall reside, work, own real
property or own a business in the city and shall be an individual of outstanding reputation for
integrity, responsibility and commitment to serving the community. The chairperson of the trust
shall have the power to appoint all members serving on the various committees which the trust
shall establish from time to time.
(2) The term of the city commissioner serving as the ex officio voting member and chairperson of
the trust shall be reviewed by the city commission on or about June 1 of each calendar year
resulting in the selection of a new chairperson or the reappointment of the existing chairperson
to serve as the chairperson of the trust.
Each member shall be named and appointed by the city commission for a term of one year or
until the nominating commissioner leaves office, whichever occurs first, except that any person
appointed to fill a vacancy due to the death, resignation or removal of any member of the trust
shall serve only for the unexpired term.
(4) The city commission shall appoint all other officers, including a secretary, from among the
trust's members. The chairperson shall serve for one year, and each successor chairperson
shall be appointed by the city commission in the manner set forth in subsection (a)(1) of this
section.
(3)
(5)
Duly appointed members of the trust may be referred to from time to time as trustees.
(b) Oath. Upon the effective date of his appointment, or as soon thereafter as practicable, each member
of the trust shall enter upon his duties but before doing so he shall take the oath prescribed by
section 41(e) and (f) of the city Charter.
(c) Organization; indemnification.
(1) Quorum and voting. At all meetings of the trust, a majority of those present at a properly noticed
meeting shall constitute a quorum for the transaction of business, and each trustee shall have
one vote on every issue submitted to a vote of the trust. The act of a majority of the trustees
present at a meeting at which a quorum is present shall be the act of the trust. The members of
the trust shall make and adopt bylaws and rules and regulations for the trust's governance and
for the operation, management and maintenance of the park.
(2) Meetings. The trust shall hold regular quarterly meetings and may hold such other meetings as
it deems necessary. All meetings of the trust shall be public, and written minutes of the
proceedings thereof shall be maintained by the trust. All actions taken at the meetings of the
trust shall be promptly and properly recorded. The official city policies relating to the attendance
of regular board meetings shall be applicable to members of the trust.
Protection from personal liability. The trust shall maintain officers and directors liability
insurance coverage at all times, in an amount and in a form satisfactory to the city's insurance
manager. To the extent such coverage does not apply, the city shall indemnify the trustees in
the same manner and to the same extent that it indemnifies all other city advisory boards.
Nothing in this section shall be construed in any way to affect the laws relating to sovereign
immunity.
(Ord. No. 10348, § 1(3), 11-19-87; Ord. No. 11044, § 1, 3-11-93; Ord. No. 11107, § 1, 12-16-93; Ord.
No. 11130, § 14, 3-24-94; Ord. No. 11151, § 2, 5-23-94; Ord. No. 11189, § 4, 10-27-94; Code 1980,
(3)
Miami, Florida, Code of Ordinances Page 2
3UBMITTED INTO THE
PART II - THE .13f01 ir
Chapter 38 - PARKS AND RECREATION ..E ' RECORD FO
R
ARTICLE III. BAYFRONT PARK MANAGEMENT TRUST CrIV O:L 3 r,,I * 4/24 j 1
§ 38-73; Ord. No, 11348, § 2, 3-14-96; Ord. No. 11373, § 9, 6-27-96; Ord. No. 11564; § 14; 10-28-
97)
Sec. 38-104. Powers, purposes and duties of the trust.
The trust shall have the power to do all things necessary to direct, manage and maintain Bayfront
Park, subject at all times to city commission approval and any existing contractual obligations.
(Ord. No. 10348, § 1(4), 11-19-87; Code 1980, § 38-74)
Sec. 38-105. Appointment, term, qualifications, compensation, general powers and
responsibilities of the executive director.
There shall be an executive director who shall be appointed by the trust subject to city commission
approval. Additionally, each successor executive director shall be similarly appointed and approved. After
hiring an executive director, the trust shall submit monthly written status reports on the trust's operations
and expenses to the city commission. The executive director shall be a person of good moral character
and have an excellent reputation for integrity, responsibility, and business ability, but no trust member
shall be eligible for appointment as executive director. The executive director shall receive such salary as
shall be fixed by the trust, and approved by the city commission. The executive director shall take an oath
before entering upon any duties. The executive director shall act as the chief executive officer of the trust.
Subject to the policy directives of the trust, the executive director shall have general supervision over and
be responsible for the management and operation of all trust properties, activities, and facilities. The
executive director shall execute all contracts in behalf of the trust after approval by the board. The
executive director shall attend all meetings of the trust, shall fumish the trust a quarterly report with
respect to the management, operation, and maintenance of the park, and the financial condition of the
trust, and shall from time to time have prepared and shall furnish such reports, audits and other
information relating to the park and to said trust as may be required by the trust or the city. In the event
that the executive director shall for any reason be temporarily incapable of exercising the powers and
performing the duties and functions of his office, the city commission may appoint an acting executive
director to exercise such powers and to perform such functions and duties until such incapacity of the
executive director shall be terminated.
(Ord. No. 10348, § 1(5), 11-19-87; Code 1980, § 38-75)
Sec. 38-106. Employment of assistants.
Subject to the policy directives of the trust and budget limitations, the executive director shall employ
such assistants as are necessary to provide for the efficient operation of the trust.
(Ord. No. 10348, § 1(6), 11-19-87; Code 1980, § 38-76)
Sec. 38-107. Encouragement of private enterprise.
The trust shall, to the greatest extent it determines to be feasible, implement the exercise of its
powers in a manner which utilizes and encourages the fullest and most active participation and
cooperation of private enterprise.
(Ord. No. 10348, § 1(7), 11-19-87; Code 1980, § 38-77)
Miami, Florida, Code of Ordinances Page 3
Submitted into the public
record in connection with
itemOT.3 on LIIP-Ill
PART II - THE CODE City Clerk
Chapter 38 - PARKS AND RECREATION
ARTICLE III. BAYFRONT PARK MANAGEMENT TRUST
Sec. 38-108. Counsel.
The city attorney's office shall provide legal services to the trust as may be necessary and requested
by the trust.
(Ord. No. 10348, § 1(8), 11-19-87; Code 1980, § 38-78)
Sec. 38-109. Approval of budget.
(a) Effective immediately, the trust shall establish a fiscal year which coincides with that of the City of
Miami. The trust shall submit to the city commission, in a form acceptable to the city manager, and
no later than April 1 next preceding each fiscal year, a trust budget request pertaining to
management, operation, maintenance and capital expenditures and delineating the financial
responsibility of the city for certain categories including but not limited to: insurance, security, utilities,
capital improvements and maintenance. Nothing contained herein shall be construed to prohibit the
trust from submitting a supplemental budget to the commission for approval.
(b) No expenditure shall be made in any given year without approval by the city commission of the trust
budget for that year.
(c) In conjunction with the submission of the budget, the trust shall submit a master plan showing the
proposed operations, activities, improvements, and maintenance plans for the forthcoming fiscal
year. The city commission may review and deny any item contained in the master plan within 30
days from date of its submission by the trust.
(Ord. No. 10348, § 1(9), 11-19-87; Code 1980, § 38-79)
Sec. 38-110. Charge for use of park equipment in Mildred and Claude Pepper Bayfront
Park.
An equipment use charge is hereby assessed on all private promoters of events or activities held in
Mildred and Claude Pepper Bayfront Park. Revenues from such charge shall be used to partially defray
operational costs of the Mildred and Claude Pepper Fountain. The herein charge for use of park
equipment shall be established by the Bayfront Park Management Trust executive director at fair market
value and may be a separate charge or may be incorporated as part of an unapportioned park user fee.
This equipment use charge shall not be applicable for those events for which prior contractual
relationships exist which have been approved by the city manager, or his designee, or the Bayfront Park
Management Trust executive director.
(Ord. No. 10928, § 2, 10-3-91; Code 1980, § 38-79.1)
Sec. 38-111. Annual report and audit.
(a) The trust shall submit to the mayor and city commission an annual report and an annual audit. The
audit shall be performed by an external auditor who is a certified public accountant.
(b) Additionally, the city shall have the right to audit any books, accounts, expenditures, receivables, and
contracts of the trust at any time.
(Ord. No. 10348, § 1(10), 11-19-87; Code 1980, § 38-80; Ord. No. 11564, § 14, 10-28-97)
Miami, Florida, Code of Ordinances Page 4
Submitted into the public
record in connection with
item 3 on q-1/2q J ly
PART II - THE CODE City Clerk
Chapter 38 - PARKS AND RECREATION
ARTICLE III. BAYFRONT PARK MANAGEMENT TRUST
Sec. 38-112. Contributions.
It is the intention of the city commission that the trust actively solicit contributions and financial
support from private business interests and any other governmental authorities.
(Ord. No. 10348, § 1(11), 11-19-87; Code 1980, § 38-81)
Sec. 38-113. Reservation of park use.
Bayfront Park shall be reserved for community use 50 percent of the days of each fiscal year. An
additional 30 days each year are reserved for use by the trust, unless the trust has existing commitments
for scheduled events on the requested day(s). The trust shall be empowered to waive the Bayfront Park
Amphitheater rental fee during portion(s) of such 30-day period when the amphitheater user is a bona fide
nonprofit group, pursuant to Florida's General Nonprofit Corporation Act, which is exempt from federal
taxation by virtue of section 501(c)(3) of the Internal Revenue Code, as amended, as being organized
and operated exclusively for charitable, scientific, testing for public safety, literary or educational
purposes, or to foster national or international amateur sports competition, or for the prevention of cruelty
to children or animals.
(Ord. No. 10348, § 1(12), 11-19-87; Ord. No. 10571, § 1, 4-13-89; Code 1980, § 38-82)
Sec. 38-114. Abolition of trust.
The city commission, by an affirmative vote of three commissioners, may abolish the trust, at which
time the powers and duties of the trust shall revert to the city and the city shall resume responsibility for
the maintenance, operation and management of Bayfront Park.
(Ord. No. 10348, § 1(13), 11-19-87; Code 1980, § 38-83)
Sec. 38-115. Authorization of the Bayfront Park Management Trust to allow the sale
and/or dispensation of alcoholic beverages, including beer and wine, for special events,
performances or programs.
(a) Notwithstanding any provision in the city Code to the contrary, the Bayfront Park Management Trust,
or its executive director, on such special occasions and for such special events, performances or
programs as deemed appropriate by said trust, or its executive director, may permit, upon execution
of an application/permit form and upon payment in full of the permit fee specified in city Code section
38-70(g), the sale or dispensing of alcoholic beverages, including beer and wine, in soft containers in
the Claude and Mildred Pepper Bayfront Park.
(b) There shall be no such permits issued in connection with a hard rock, rap, heavy metal, or other
musical event of the type which requires extraordinary security measures.
(c) Such sales or dispensing of alcoholic beverages, including beer and wine, are subject to compliance
with all applicable state and local laws, rules, regulations and with any special conditions set forth on
the application/permit form.
(Ord. No. 10688, § 1, 1-11-90; Code 1980, § 38-49.2)
Miami, Florida, Code of Ordinances Page 5
PART II - THE CODE
Chapter 38 - PARKS AND RECREATION
ARTICLE III. BAYFRONT PARK MANAGEMENT TRUST
Sec. 38-116. Criteria for denial of permits for use of Bayfront Park and its facilities.
To the extent permitted by law, the trust may deny a permit for the use of its facilities if the applicant,
or the person on whose behalf the application is made, has on prior occasions made material
misrepresentations regarding the nature or scope of an event or activity previously permitted or has
violated the terms of prior permits issued to or on behalf of the applicant.
The trust may also deny a permit on any of the following grounds:
(1) The application for permit (including any required attachments and submissions) is not fully
completed and executed;
(2) The applicant has not tendered the required application fee with the application or has not
tendered the required user fee, use -agreement or other type of agreement, insurance
certificate, or security deposit within the times prescribed by the executive director;
(3) The application contains a material falsehood or misrepresentation;
(4) The applicant is legally incompetent to contract or to sue and be sued;
(5)
The applicant or the person on whose behalf the application was made has on prior occasions
damaged trust property and has not paid in full for such damage, or has other outstanding and
unpaid debts to the trust;
(6) A fully executed prior application for the same time and place has been received, and an
agreement has been or will be granted to a prior applicant authorizing uses or activities which
do not reasonably permit multiple occupancy of the particular park or part hereof;
The use or activity intended by the applicant would conflict with previously planned programs
organized and conducted by the trust and or the city and previously scheduled for the same
time and place;
(8) The proposed use or activity is prohibited by or inconsistent with the classifications and uses of
the park or part thereof designated pursuant to this chapter;
(9) The use or activity intended by the applicant would present an unreasonable danger to the
health or safety of the applicant, or other users of the park, of trust employees or of the public;
(10) The applicant has not complied or cannot comply with applicable licensure requirements,
ordinances or regulations of the trust and or city concerning the sale or offering for sale of any
goods or services; and
(11) The use or activity intended by the applicant is prohibited by law, by the City Charter, this Code,
the zoning code and ordinances of the city, or by the regulations of the trust.
(Ord. No. 12439, § 1, 11-13-03)
(7)
Secs. 38-117-38-145. Reserved.
SUBMITTED INTO THE
rUBL1C RECORD FOR
Miami, Florida, Code of Ordinances Page 6
SUBMTTED INTO THE
ruBLIC RECORD FOR
TEM ozs ON i-i'v.
2014:
Jan. 1: Moov Festival
Jan..2: Ohio State Pep Rally
Jan. 17-19: Wodapalooza
Feb_ 2: Miami Marathon
Feb. 13-18: MA}D
Feb. 22: Walk for the Animals
Feb. 23: Miami Kidney Wa11c
March 28-30: Ultra Music Festival
2013:
Jan.. 7: Notre Dame Tailgate Party
Jan. 11: DWNTWN Concert Series
Jan. 19 & 20: Wodapalooza
Jan. 27: ING Miami Marathon
Feb. 8: DWNTWN Concert Series
Feb. 23: Walk for the Animals
Feb. 24: Miami Kidney Walk
March 1: DWNTWN Concert Series
March 15-17 & 22-23: Ultra Music Festival * *
April 7: Festival Vallenato*
April 25: Corporate Run
May 3-5: American Ninja Warrior
May 18: Haitian Compas Festival*
May 26: Best of the Best
June 1: God in the City
June 24: Miami Heat Championship Celebration
June 28: Mayweather vs. Alvarez Media Tour
July 4: America's Birthday Bash
Aug. 6: National Night Out
Sept. 2.1:. Flugtag
Oct. 6: Moving Day Mimi
Oct. 9: Sigur Ros*
Oct. 18&19: Bassnectar & Pretty Lights*
Oct. 19: Race for the Cure
Oct 27: Ironman
Nov. 8: Golden Veterans' Parade
Nov. 16: Light the Night Walk
Nov. 23&24: Rillsong -United*
Nov. 29: Bayfront Park's Tree Lighting
Dec. 2: Menorah Lighting
Dec. 14: Holiday Boat Parade
Dec. 31: Bayfront Park's New Year's Eve
2012:
Jan. 13: DWNTWN Concert Series
Jan. 29: ING Miami Marathon
Feb. 3&4: Wodapalooza
Feb, 10: DWNTWN Concert Series
Feb. 11: Miami CureSearch Walk
.Feb. 18: Walk for the Animals
'Feb. 1.9: Miami Kidney Walk
Feb. 26: Festival Vallenato*
Feb, 29-March 25: Cavalia
Exhibit C
�.. iKt Tr)T
k..Ls 1 Y t...
rUBLIC RECORD FOR
TEMD.3__O!..,L/Zu(i4 .
March G 1: uin-a iviusic.resuvat ivlovie rrenuere
March 22: Above & Beyond — Group Therapy
March 23-25: Ultra Music Festival
Apii1.26: Corporate Run
May 6-20: Volvo Ocean Race Downtown Miami Festival
May 19: Haitian Compas Festival*
May 27:.Best of the Best
June 24-28: Circa Hermanos Vazquez.
June 25: Miami Feat Championship Celebration
June 1: God in the City
July 4: America's .Birthday Bash
July 7: Radio One Festival
July 14: Kaskade*
August 4: Identity Festival
August 7: National Night Out
August 25: God in the City
Oct, 7: Moving Day Miami
Oct. 7: Gotye*
Oct. 12: DWNTWN Concert Series
Oct 18-31; Vampire Circus
Oct. 20: Race for the Cure
Oct. 28: Ironman
Nov. 3: Flugtag
Nov. 10; Light the Night Walk
Nov. 16::DWNiTWN Concert Series
Dec. 1,3: Menorah Lighting
Dec. 14: DWNTWN Concert Series
Dec. 15; Holiday Boat Parade & BayfrontPark's Tree Lighting
Dec. 31: Bayfront Park's New Year's Eve •
2011:
Nov. 12, 2010-Jan.22: Cirque du SoleiI
Jan. 14; DWNTWN Concert Series
Jan. 14: Urbanite Fridays
Jan. 16: Buju Banton
Jan. 30: ING Miami Marathon
Feb. 5 :Miami Cure S earch Walk
Feb. 1,1: DWNTWN Concert Series
Feb. 19: Walk fox the Animals
Feb. 20: Festival Vallenato
March 11: DWNTWN Concert Series
March 12: Marley 9 Mile Music Festival
March 18-20: Miami. International Triathlon. Race
March.25-27: Ultra Music Festival
April 8: DWNTWN Conceit Series
April 9&10: Art in the Park
April 28: Corporate Run
May 14: Haitian Compas Festival
May 28&29: Best of the Best
June 4: God .in the City
June 26: MiaFest*
July 4: America's Birthday Bash
July 13: Wachovia/Wells Fargo Parade
August 2.: National. Night Out
August 7: Keshas
SUBMTTED INTO THE
PUBLIC RECORD FOR
TEM'' _ ors LI,214/,4
tJ9-11, 7..LVLCALLL LIL¢V
Sept. 2'0: Incubus*
Sept. 28-Oct. 23: Dogs — The Incredible Dog Show
Oct. 14: DWNTWN Concert Series
Oct. 15: Race for the Cure
Oct. 30: Ironman
Nov. 3: Light the Night Walk
Nov. 4:.. WrestleMania XXXVIII Ticket Launch Party
Nov. 11: DWNTWN Concert Series •
Nov.1:1-13: Rola Fest*
Nov. 25: Bayfront Park's Tree Lighting
Dec..1: Judas Priest*
Dec. 9: DWNTWN Concert .Series
Dec, 1D: March for Jesus United
Dec. 17: Holiday Boat Parade
Dec. 27: Menorah Lighting
Dec. 31: Bayfront Park's New Year's Eve
Klipsch Amphitheater show (Live Nation)
** City Commission .approved street closure for second weekend
SUBMITTED INTO ThE
rUBLLC RECORD FOR
ITEMDi.3 QJ LIi=(4n�) .
i
1 ;i6n�iTT�u 1
INTO T.
� PUBLIC RECORD FOR
� ITEM ON .
NIILDRED AND CLAUDE P E P P E R
BAYFRONT PARK
OUTLINE MINUTES
Bayfront Park Management Trust
Board Meeting held on November 12, 2013
Trust Members Present:
Commissioner Frank Carollo
Marlene Avalo - by telephone
.Alex Cardenas
Ralph Duharte
Jeannie Hernandez _ by telephone
Marie Louissaint
Jesse Manzano
Nathan Kurland
Trust Members Absent:
Pedro Diaz - Jury Duty
Staff and Visitors:
Timothy Schrnand
Rodolfo Calderon
Carol Cutt
Jose Gell
Valerie Sanchez
Rafael Suarez -Rivas, Assistant City Attorney
1'rd ;1-T L D ND T e 7
.1�
FUBUC RECORD FOR
I EM D1- 3 ON y112-14/14
Exhibit D
11/12/2013 Bayfront Park Management Trust Meeting
BAYFRONT PARK MANAGEMENT TRUST BOARD MEETING
Tuesday, November 12, 2013
Noon
301 N. Biscayne Boulevard, Miami, Florida 33132
1. Welcome/Pledge of Allegiance/Roll Call
The meeting began at noon with Commissioner Carollo chairing.
II. Discussion of Trust Finances
1. September 2013 Financial Report: provided by Rudy Calderon
2. Approval of April 2013 Financials
A motion to approve the September 2013 Financial Report was made by Nathan
Kurland,
Second, Alex Cardenas; and,
Unanimously approved
3. Cumulative Arrearage Report
Rudy Calderon provided the arrearage report.
111. Approval Items
1. Approval of minutes from September 24, 2013, board meeting
A motion to approve the September 24, 2013, minutes was made by, Nathan Kurland
Second, Marie Louissaint; and,
Unanimously approved
2. Consent Agenda
1. Resolution
2_ Resolution
3. Resolution
4. Resolution
5. Resolution
6. Resolution
7. Resolution
13-053, Ratify yearly insurance policy
13-054, Approve FY 2013-14 Marketing Expenses
13-055, Approve playground surface repair and resealing
13-056, Ratify garbage bag purchase
13-057, Approve Hoover irrigation system maintenance plan
13-058, Ratify Cable ramp purchase
13-059, Ratify bench repair
•
A motion to approve the consent agenda was made by Nathan Kurland,
Second Ralph Duharte; and,
Unanimously approved
Z.'-,!.:atvliTTED INTO THE
rUBiJC RECORD FOR
ITEM Dt.3 ON 4/2yliq
11/12j2013 Bayfront Park Management Trust Meeting
Submitted into the public
record in connection with
item c-•3 on 4)2L iIIl
City Clerk
3, .Approval Agenda
1. Resolution 13-060, Ratify Use Agreement for the .Perez Art Museum
Miami Sculpture Installation in .Bicentennial/M.useum Park
Assistant City Attorney, Rafael Suarez -Rivas, stated that all Bayfront Park Management
Trust use agreements should be amended to include the language that any contractor
or service provider must comply with Public Records Requests in the same manner that
the City of Miami must comply as it relates to Florida Statute 119.07.01.
A motion to approve the ratification of the Perez Art Museum Miami Sculpture
Installation in Bicentennial/Museum Parkas amended was made by Nathan Kurland,
Second, Ralph Duharte; and,
Unanimously approved
2. Resolution 13-061, Approve Annual Report to the City Manager
A motion to approve Resolution 13-061 was made by Nathan Kurland,
Second, Ralph Duharte; and,
Unanimously approved
IV. General Agenda Items
1. Notification for Senior Homestead Exemption Relief
Tim Schmand stated that the language of the notification letter was being crafted
and that staff expected all notifications to go out to thequalified recipients prior
to the next board meeting.
2. Ultra Use Agreement
Tim Schmand stated that included in the board packages was a copy of a five year
agreement with Ultra and .reviewed all items on the term sheet.
A motion to approve the Ultra Use Agreement, with the amendment relating to
public records as it relates to Florida Statute 119.07.01, was made by Nathan
Kurland,
Second, Alex Cardenas; and,
Unanimously approved
3. Electronic Sign Enhancement
A visual presentation was made of the renderings for replacing the top panel of the
marquee sign. The Trust asked staff to provide other renderings that included
illumination at the next board meeting for consideration.
4. Flag.ler Promenade re -naming
Ralph Duharte introduced for discussion the re -naming of the Nagler Promenade in
honor of past Bayfront Park Management Trust chair and former City of Miami
Commissioner J.L. Plummer, Jr.
1142/2013 Bayfront Park Management Trust Meeting
Discussion ensued,
A motion to approve re -naming the Flagler Promenade to the Commissioner J.L.
Plummer, Jr., Promenade and to place a plaque in commemoration was made by
Ralph Duharte,
Second, Jesse Manzano; and,
Unanimously approved
5. External Auditing Services
Rodolfo Calderon reported that the 2012-1.3. audit had begun, and also that the
winning firm had agreed to match the lower rate of the second ranked firm.
6. Fitness Caravan
Tim Schmand reviewed the memo in the board packet regarding a grant awarded
to the Trust for the provision of a fitness program serving the community. Mr.
Schmand stated that the fitness program would entail bringing yoga to two
community parks in Little Havana and Little Haiti, respectively.
As the grant deadline for acceptance was quickly approaching, the Trust was asked
to accept the grant.
A motion to accept the grant offered by The Miami Foundation in the amount of
$7,500 for the fitness program was made by Ralph Duharte
Second, Nathan. Kurland; and,
Unanimously approved
7. Tree Lighting Ceremony
Tim Schmand reported that the Tree Lighting Ceremony would take place on the
Friday after Thanksgiving with a food truck rally and DJ from 5:00 pm until 9:00pm
and tree lighting at 7:00 pm.
8. Discussion of December Board Meeting Date
As a result of the next scheduledboard meeting to take place on December 24,
2013, the Trustdiscussed other alternative dates.
A motion to cancel the December board meeting and reconvene on January 21,
2014, was made by Alex Cardenas,
Second, Ralph Duharte; and,
Unanimously approved
1 .. 1l �T%,r 6i IT"'
ds'
PUBUC RECORD FOR
ITEMci. 3 ON 'i' Li
11/12/2013 Bayfront Park Management Trust Meeting
V. Director's Report
1. Bicentennial Park
Tim .5chmand provided a brief report on Bicentennial Park.
Discussion ensued regarding the managing of Museum Park, and the board directed the
executive director to prepare a resoluti:o.n regarding the Trust's qualification to be the
managing entity .and •conservator of the park.
2. Upcoming events through December were reviewed.
Commissioner Carollo called the meeting adjourned.
CL:EnliTTED INTO "ELF
[UBLIC RECORD FOR
[TEMD. 3 ONi119
11/12/2013 Bayfront Park Management Trust Meeting
E
SUMO cc NTO TH7
FUBLIC RECORD FOR
ITEM 3 Cr (14
° Case 1:88-cv-02406-FAM Document 525-1 Entered on FLSD Docket 12/12/2013 Page 1 of 11
.1VIICHAEL PO1 11NGER., PE'1hR
CARTER AND BERRY YOUNG,
Plaintiffs,
vs.
CITY OF MIAM1,
Defendant.
T3NI D STATES DISTRICT.COURT
SOUTHERN DISTRICTOF FLORIDA
CASE NO, 88-2406-C1V---MDRENO
PUBLIC RECORD FOR
ITEM °- ON m�mN
ADDENDUM TO SETTLEMENT AGREEMENT
The .Plaintiffs, MICHAEL POTT NGER, et al., and the class of Plaintiffs they represent
(h.eieinafter collectively referred to as "Plaintiffs"), and the Defendant, LBJ CITY OF MIAMI
(hereinafter "CITY"), by and through their respective undersigned counsel, agree to the following
add -end -um to the settlement agreement effective October 1, 19'98. Subject to the approval of this Court,
except as herein modified, the terms and conditions of the Settlement Agreement effective October 1,
1998 ch211 remain in full force and effect. The language underlined constitutes additions to the settlement
agreement and the language stricken constitutes deletions to the settlement agreement.
VII. Law Fnforcerent Protocol
10. Definition of "Homeless Person"., Anindividual is considered a "homeless person" if he or she
"lacks a fixed, regular, and adequate night time residence and has a primary night-time.residency that is:
(a) a supervised publicly or privately operated shelter designed to provide temporary living
accommodations; (b) an insfihrtion that provides a temporary residence for individuals intended to be
institutionalized; or (c) a public or private place not designed for, or ordinarily used as, a regular sleeping
accommodation for human beings. The team 'homeless person` does not include any person imprisoned. or
otherwise detained pursuant to an Act of Congress or a state law_" 42 U.S.C. o11301, et seq. (1994). An
Exhibit E
Case 1.88-cv-02406-FAM Document 525-1 Entered on FLSD Docket 12/12/2013 Page 2 of 11
officer is allowed to matte reasonable inquiry to make .this determination. For piuposes of this
Addendum, any person identified as a registered sex offender under:seotion 775_21 F.S_ or sexual
predator tinder section 775.215, F.S. or Sections 21-277 to 21-21285. Miami -Dade County Code,
because they do not c.Fuakfy for Available Shelter, is not afforded the protections under Section
VII Paragraph 14, of the Settlement Agreement..
11_ Definition of "Available Shelter". An "available shelter" ratans a shelter for aperiod of
at least 24 hours, with a bedor a mat, at least three inches thick, at no cost to the homeless person, within
the territorial boundaries of the CITY or within one mile thereof, or if weed to by The homeless person,
within Minn -Dade County, that treats homeless persons with dignity and respect, imposes no religions
requirements, and, unless agreed to by the homeless person, does not impose involuntary substance
abuse or .mental health .treatment as a condition for shelter.
1.4. Law Enforcement Protocol: The City Hereby adopts a protocol to further. protect the
rights of homeless persons, by limiting the ciremnstances under which arrests can be made, including the
handling of their personal property:
A 'Homeless Person Observed -Not Engaging in Any Criminal Conduct
There can be no arrest or detention. A law .enforcement officer, social worker, or CITY
outreach worker a oomrnnnity outreach specialist may approach the houie.less person and advise him
or her of .shelter, services, or assistance which are there .cturtly available. When the contact with the
homeless person has been initiated by a "citizen's complaint," the Taw enforcement iofficer may, whenever
appropriate, call for the assistance of outreach:worker a. community outreach specialist, who, if
availble, may begin. the .process of engaging the homeless person in a dialogue which is inter}ded to
advise the homeless person of`shelter, services or assistanoe that is/are available. Required Records: (1) If
such an approach and advice concerning. shelter, Services, err assistance occurs by a law enforcement
officer, the law enforcement officer complete a Field Information Card, or its electronic
equivalent. In the rase of a homeless person who refuses and who has refused assistance in the
Submitted into the public
2 record in connection with
item 71.3 on tijz q/ii
City Clerk
Case 1:88-cv-02406-FAM Document 525-1 Entered on FLSD Docket 12/1212013 Page 3 of 11
past thirty claw. a new Field Information Card, or its electronic equivalent, is not required to be
comnle.ted for each encounter as lone as the prior -filed Field Information Card, or its electronic-.
ecvalent is updated with the new date of contact with the homeless.person. Records Fi%ng:. A
copy of all required. records shall be filed with the appropriate unit within the, Miami Police Department.
B. Homeless Person reasonably Believed to be Mentally 3}l: Where a homeless person
meets the criteria for involuntary examination under Florida Law (currently section 394.463, F.S..),
"Baker Act," a law enforcement officer may, in his or her discretion, take the homeless person to a
receiviag the -nearest receiving facility for involuntary examination _Required Records: If the homeless
person is taken to a receiving the nearest receiving facility for juvoluntary examination, a copy of.the
forms required by section 394.463 (hereinafter "Baker. Act. Farms"), shall be filedwith the. nearest
receiving facllitvJ Alcntal Health Crisis Ceiter at.Jackaon Memorial 14ospital and. a Field Information
Card, or its elec., h onic equivalent, to include the name, date, Iocation. and references that the person was
Baker Acted shall be completed Records Filing A copy of all required records shall be filed with the
applicable unit within tbe Miami Police Department,
C. Homeless, Person Observed Violating a "Life Sustaining Conduct" Misdemeanor:
1. "Life sustaining conduct" misdemeanors are those which a homeless individual commits.
by the mere fact that he or she is without shelter, and must Conduct life sustaining activities, such as
eating, sleeping, sitting, congregating; Dr wal3dng in public.
2. If the homeless person described above is obseived comrrntting one of the. below listed
"life sustaining conduct" misdemeanors; thelaw enforcement officer may warn the homeless person to
stop the unlawful_ conduct. If there is no "available shelter," no warnuxig shall be given. If there is an
"available shelter," the law enforcement officer may advise the homeless person of its availabty_ If
there is an. 'available shelter," and the shelter has been offered to the homeless person, and that person
accepts this asistance, no arrest slrall take place and arrangements shall be madeto tr-ansport the
homeless person to the shelter. Only if there is an "available shelter" and the homeless person refuses to
3
Submitted into the public
record in connection with
item DILI on y1216/111
City Clerk
Case 1:88;cv-02406-FAM Document 525-1 Entered on FLSD Docket.12/12/2013 Page 4 of 11
accept the shelter, or ii the sole Available Shelter at The time is a shelter from which the homeless person
is barred because of his or her own purposeful -misconduct,, criminal or-oth.erwj_se, which -occurred at .that
shelter, may the law enforcement officer arrest the homeless person fui a "life sustaining conduct"
rnisdeeanor. Required Records: (I) If a homeless person is transported to an available shelter," the law
enforcement .ofhcer shall comp) ete a Field Information Card, or its electronic equivalent,; (2) If an
arrest is made, -an An-est Affidavit shall be .completed.. Records Filing' A .copy of all required records
shall be filled with the appropriate unit within the Miami Police Department. However, if the homeless
person described above is observed committing one of the below listed —life sustaining conduct°'
misdemeanors, and the .life sustaining conduct misdemeanor causes imrnin exit threat of physical minty to
the homeless person- or other person(s). the ,law enforcement officer must wam the homeless person to
stop and, if they refuse to do so, may arrest them regardless ofwhether there is Available Shelter_
3_ The "life sustaining conduct" misdemeanors referenced above are as follows:
a. Being in park after hours. Current Provisions:, pa38-3 & 1-13, City of Nfianii Code
("CMC"); u162.22, F.S. (1994);
b. Public nudity where necessary to .eery on the. daily necessities of life, such as bathing or
responding to a call of nature. If the public nudity is done intentionally, in plain view of others, tdre.law
enforcement officer may arrest the person regardless of -Whether there is an Available Shelter, Moreover
in no circumstance shall public nudity be allowed fora call of nature if there exists an open
public restroom within one -Quarter of -a mile (1.320 feet) of the homeless person perfouning a
call of nature. Current Provisions-. ❑800:.03. F.S. (1994), n37-1, 38-62, CMC.
c.
d. Obstructing passage on sidewalks. Obstructing a street, road, or highway shall not .be.
construed to: be a "life sustaining conduct" misdeineanor within the meaning. of this. protocol except that,
after one 'warning, no person or persons may lie on the sidewalk in a perpendicular fashion blocking the
sidewalk or may obstauct a sidewalk in such a way as to endanger .other nersons.by requiring them to
4
Submitted into the public
record in connection with
item 3 on y li ij l y
City Clerk
Case 188-cv-432406-FAM DocU ment 525-1 Entered on FLSD. Docket 12/12/2013 Page 5 of 11
walk onto a street where, but .for the Obstruction such persons would otherwise have been able to safely
u a]] on the sidewalk_ Current -Provisions: DE 5a--I to 54-3, 3 7-3, CMC; D3162045, F;S: -(1.994),
e. Vehicles, living or Sleeping in. Current Provision: 937-4;
f Loitering in Restrooms. Current Provision: ❑38-68, CMC;
g. Littering, except, if within 300 feet. of a usable trash receptacle, a law enfvi L.ement officer
must warn- the homeless person to .stop_ and. if they refuse to do so, may cite them regardless of whether.
there is Available Shelter_ Current Provisions: 0403.314, Fla, Stag.; p22-•6, 3 8-17; 38-63 CMC; and
h. Camping in parks. Current Provision: ❑3S-71, CMC;
i.. Use of -facilities for other than intended purpose (e.g., sleeping on parkhench). Current
Provisions: u38-54, CMC;
j. Temporary :#uctures in park. Cm7Bnt Pre lions:: 38 52,CMC;
IL Trespass on "public property" other than structure or conveyance: Current Provision:,
n i0.09(1), Fla Stat. Trespass on private property or an. "exempt public property" is not a 'life
sustaining conduct" misdemeanor within the meaning of this protocol,. and such violation should always
be treated either as specified under paragraph. D or E below. .A homeless persons' presence interior of an
"exempt public property" is not a trespass within the meaning .of this paragraph where the homeless.
persons activities are reasonably related to 'the governmental business activities normally performed
within these physical structures.
4. Nothing in this. paragraph discussing "life sustaining conduct" misdemeanors shall
prevent an immediate arrest under n800.04, F.S., entitled,. "Lewd, Iascivious, or indecent assault or act.
upon or in presence of a persbr, e 4," if a law enforcement officer has probable cause to make such an ,
arrest
D, Iomeless person Qbserved. Violating a Misdemeanor (which is not classified above as
"Lift Suemining Conduct"):
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1.. The °non -life sustaining conduct" misdemeanors are fhose which a homelessindividual
commits, but are not associated with "life sustaining activities," such as eating, sleeping, sitting,
congregating, or walking in public.
• 2.. If the homeless person described above is observed violating a misdemeanor (which is
not classified in this Protocol as "life sustaining conduct"),, the law enforcement officer may warn the
homeless person to stop the unlawful conduct, or, if the officer deems itappropriate, the officer may
detain or arrest the homeless person. A .law enforcement officer may, in his or her discretion, approach
the borneiess person and advise him or her of shelter, services or assistance which is then currently
available. If the law enforcement officer deems it appropriate, he or she may also offer to call at
outreach worker a community outreach specialist to the scene so that the homeless person canbe
transported to an "available shelter" that is.dppivpliate for the homeless person's needs at that time.
Records required: (1) If a homeless person is transported to an available shelter, the law enforcement
officer shall complete.a.Field Information Card, or its electronic equivalent; (2) If -an arrest is made, an
Arrest Affidavit shall be completed; (3) lithe law enforcement officer warns the homeless person to stop
• the unlawful conduct, but no arrest is made, then the law enforcement officer shall complete a Field
information Card, or its electronic equivalent; (4) If an approach and, advice concerning shelter,.
services or assistance occurs by a law enforcement officer, or .if an outreach worker a coam7.unity
outreach specialist is called, the law enforcement :officer shall complete a Field Information Card, or its
electronic_ equivalent, except where a homeless person refuses assistance and has -refused', assistance in
the past thirty days, a new Field Information Card, or its electronic equivalent. is not required Jo be
completed for each encounter as long as the prior -filed Field Information Card, orits electronic
equivalent, .is updated with the new date of contact with the homeless person. Records Filing: A copy of
all required records shall be filed with the appropriate unit within the Miami Police Department.
6
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Case .18B-cv-02406-FAM Document 525-1 Entered on FLSD Docket 12/12/2013 Page 7 of 11
E. Homeless Person Comirriiting Felony Offense:
If a law enforcement officer has probable cause to believe That a .homeless person is committing,
or has committed, a felony, the law enforcement officer may detain or west the homeless person.,
Required Records: Li an asest is made, an Arrest Affidavit shall be completed. Records Filing: A copy
of all required records shall be fled with the appropriate unit within the lvliarni Police Department.
F. Disposition of Personal Property Belonging to a Homeless Person who is Arrested
1. The CITY shall respect the personal property of all homeless people. The Miami Police
Department and all other Departments including but not limited to Parks and Recreation and Solid Waste)
shall follow their own internal procedures for taking custody of personal property. In no event shall any
city official or worker destroy any personal property known to belong to a homeless person, or readily
recognizable as property of a homeless person (i.e., bedding -or clothing and otherbelongings organi7fr1 or
packaged together in a way indicating it has not been abandoned), except as permissible by law .and'in
accordance with the department's operating procedure, or if the property is contaminated ar otherwise
poses a health hazard orobvious safety issue to CITY workers or to members of the public:
Notwithstanding any language in this Settlement Agreement to the contrary, the CITY is not responsible
for taking custody of mattresses_ When a homeless person is placed in a shelter, large and bulky
items, which are not contaminated or otherwisepose a health hazard or obvious safety issue, and
tkat are not abandoned, shall be secured by an outreach worker and maintained in ac--cordanoe
with existing outreach procedures.
2. The disposition of personal property shall never prevent a law enforcement officer from
effectuating an arrest authorized under the previous sections of this protocol. However, the following
safeguards shall be undertaken by the arresting officer or any oilier CITY agent or official to preserve the
property of a hon-iel ess person, to theextent feasible:
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Case 1:88-cv-024-06-FAM Document 525-1 Entered on ;FLSD Docket 12/12/2013 Page 8 of 11
a. The .arresting oGcer -shall :always attempt to secure personal items such as identification,
medicines, and eyeglasses and other small items of irrzpa-tance. iderniZed by the arre te,, '�diricir) are not
.large or bulky, in accordanee with the police depanleent's existing prortedures,
b. The arresting offcert hall ensure that large or bulky items (which ate not contaminated or
otherwise pose a health ha rd or opvious safety issue to Cil.Y officers or workers or to members of the
public) are not abandoned at the point of arrest, but -rather secured by an outreach worker and maintained
-in accordance with existing outreach procedures, or, if an outreach worker it urravailable, secured by the
arresting officer until. an outreach worker becomes available to.. assume its maintenance in. accordance
with existing outreach procedures.
VIII. Record Generation/Maintenance/Access
15. The CrLY shall, within 30 days of the execution of this Settlement Agreement, adopt a
procedure for monitoring 4mi accotmting for its police officers` encounters with the homeless persons.
This procedure. shall include the following:
f f) .Records Generation: Meld. Tr formation Cards. for their electronic equivalent shall be available
twice per calendar year to Plaintiffs' -counsel at no cost for .the six month period prior tothe request to
monitor and unsure compliance with the Settlement A reernenttand Addendum.
X, .Fnifo.mement/M ediation
2.5b..The parties agreei'hat the Addendum to the settlement agreement. was made in good faith
and measurable and observable improvements to the Citv's'homeless population will take. time.
Therefore, no earlier than January 2, 20-16. the parties may mediate further modifications. of the settlement
agreement and Addendum, including addressing issues related to the chronically homeless; in a nen-
binding mediation. If such matters are not resolved in mediation. either party may invoke the courtt's
jurisdiction. with consent to having any matters heard before a TM. Magistrate Judge, to seek further
modifications to the settlement agreement given the established ptima facie sl oWini and finding by the
:-�'j ,: �a� •mac JJT j{p), rrieNg r yr•
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Case 1:88-cv-02406-FAM Document 525-1 Entered on FLSD Docket 12/12I2013 Pag,e 9 of 11
XII_ Class Approval/Notice to ClasaMembers
27b. Notice to the class. of the Addendum shall be g ven by oublicationin The Miami Herald,
El Nuevo Herald_ and New Times, on three diffeient .days, including one 'weekend day, of three.
consecutive weelcs, which shall not be less than .a 1/4 page in the Local (Locales) section of each paper, to
maximize the chance of actual notice to the class members, The costs of such notices shall behome by
the CITY. The notice shall advise class members of the status of this. case,.. and describe, generally, the,
proposed Addendum . The notice shall be subject to court approval. Class members shall have- 30 days
following the final notice within which to file any written objections to the Addendum. The court shall
convene ahearing at the convenience of its caiend�r, but at least 30 days thereafter to consider any such
objections after which the court shall apvrove or disapprove the Addendum. The notice shall .sty the
date time, and location of this hearing. The Court shall set the date for the hearing to considerobiections
at the time it approvesthe content of the notice,
XIV. Court and City Commission Approval
29b_ This Addendum to the Settlement Agreement shall not beeffective until approved by the
City of Miami Commission and. the. Court. The Court shall retain jurisdiction to enforce the terns hereof.
XVl_ Integration Clause
31b. The Addendum to the Settlement Areeement contains the enure agreement of the parties
reached on this date and supersedes all previous otal or written representations or agrecruents concerning
the Adders imn This Addendum to the Settlement Agreement shall not be supplemented by pare]_
evidence_
SUEri'vliTTED INTO Ir e
UB IL RECORD FOR
ITEMo3 �9
_=� y12U1l
Case e 1:88-cv-02406-EAIVI Document 525-1 Entered on FLSD Docket 12/12/2013 Page 10 of
11
DATED December .11, 20li.
BERJA1S n S. WA vMA}Z,:ES
Robbins, Tunkey, Ross et al.
Attorneys for Plaintiffs
7�S0. S.W. T'hird.Avenue, 41' Floor
Miami, Florida 33129
Tel(305) 85E-9550
Fax: (305 858-74.91
ben7Waxmantu as .:corn
ORIA MENDR7. CITY ATTORNEY
ARREAI BITTI3ER, DEPUTY EMERITUS
ttaraey for Defendant, City of Miami
Miami .Riverside. Center, Suite 945
444 S.W. 2nd Avenue
Miami, Fi&rit . 33.130
Tel: (305) 4 ' 6'IT800
Fax:: .(305)
wrbittn. o`v.com
THO7A8 g `l O ESQ.
SCESQ. "
Cole, tt & ' ane, R.A.
Alutli y for theDefendant, City of Mimi
Da d Centrll — Sthte 1400
Mi FL 33156
TeI:. 305) 350-530D
Fax: 3053 373-2294
.stot't itcskle al.com
leyaicsklegal.com
Renee_nail a®esk]eegal.com
Mary.rigau®csidegalsom
10
SUBM!TTED INTO THE
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ITEM Oi., nr
Case 1:88-cv-02406-FAM Document 525-1 Entered on FLSD Docket 12/12/2013 Page 11 of
11
.. ►:Q-
Foundation o lorida, Inc.
Co -Counsel for Plaintiffs
4500 Biscayne Boulevard, Suite 340
Miami, FL 33137
Tel,. (786) 3 63-270i1
Fax (786) 363.3108
mlay-anan a�%aclufL.org
STEP}CLI LY ESQ.
University of.Miank Soho ofLaw
1311Miller Drive
Coral Gables, FL 33146:
Tel: (305) 282-481:7
SchnablyQ1aW.miami.edu
TOR
ster
2 South Biscayne Boulevar43 Suite 3400
Miami, FI,; 33133
Tel: (305) 376-6043
11
S1.2EriviiTTL-D INTOTHE
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iTirED INTO 7-417::
FUB iC RECORD FOR
ITEM DL. 3 ONii'y
Submitted into the public
record in connection with
item Dr•3 on y12y11LI
City Clerk
IN THE CITY COMMISSION OF THE
CITY OF MIAMI, FLORIDA
RESOLUTION NO. 14-00098, MARCH27, 2014 AGENDA
AGREEMENT REAC H) D AT MEDIATION
MDM DEVELOPMENT LLC :and MDM RETAIL, LTD. (collectively, "MDM") have
appealed to the City of M'i.ami Commission ("City Commission") Resolutions No. 14-00098, No.
14-00098a, and No. 14-00098b adopted by the Miami. Historic and Environmental Preservation
Board ("IMP Board"). MDM and the Miami City Planning Director (the "Planning Director"),
agree to recommend the following with respect to MDM's pending appeal before the City of
Miami Commission identified as Resolution No. 14-00098 on. the City Commission's March 27,
2014 agenda (the "Agreement"):
1. The parties agree that under City of Miami Ordinance §§ 23-4 (c) (7) and 23-
6.2(e), the City Commission "may affirm, modify, or reverse the [City of Miami Historical and
Environmental Preservation ("BEP")] board's decision:" In reviewing this matter on appeal,
Ordnance §§ 23-4 (c) (7) and 23-6.2(e) also provide that the City Commission's review is de.
novo and it may consider "new.evidence or materials.".
2. The parties agree that they will jointly recommend that the City Commission
approve this Agreement and the Mediated Action Plan, which is attached as an Exhibit to this
Agreement, as a modification of the HEP Board's decisions. The parties agree that the
Agreement was approved at mediation by the Planning Director and MDM after consultation
with numerous interested parties, experts, and organizations, which were invited to and
participated in the mediation of this matter. In addition .to the undersigned parties, in attendance
during the mediation were: Robert S. Carr, Arva Moore Parks, Richard J. Heisenbottle, John
Exhibit F
Shubin, Esq., Gregory W. Bush, Phil, Becky Roper Matkov, Brian Alonso, .Ramiro A. Ortiz,
Jeff Ransom, Kathleen Kauffman, Robert F. Bendus., Scott A_ Silver, Esq., .Phillip M. Hudson,
I11, Esq., Jorge Zamanillo, Tucker Gibbs, Esq., Ryan Franklin, and Carlos .A. Rey. The
organizations represented included MDM, the City of Miami, Iv1Ii mi-Dade County, the Floriria
Department of State, Division of Historical Resources, Dade Heritage Trust, HistoiyMiami, the
Urban .Environment League o.f Greater..Miami, Florida Trust. for Historical Preservation, and
Archaeological & Historical Conservancy, Inc. There was overwhelming support in favor of the
Mediated Action Plan from the distinguished individuals and organizations in attenriance during
the mediation.
3. The Mediated Action Plan represents the best efforts of the City and MDM,
together with numerous interested parties, .experts, and organizations, to. preserve and showcase
the history of the METsquare site located at 300 Southeast 3rd Street, Miami, Florida and to
educate the public about that history.
4. The parties agree that;, upon approval of this Agreement and the Mediated
Action Plan by the City Commission, MDM will waive any legal objections or defenses it may
have with. respect to thi s• appeal.
5. The parties agree that this Agreement and the Mediated Action Plan may be
modified by written agreement of the parties, or upon a showing of an unanticipated,, significant
change of circumstances. warranting revision of the Agreement in a way suitably tailored to the
change of circumstances, except that any major modification, as defined by City of Miami •
Qrdinances, of the Mediated Action Plan requires approval of the City Commission.
6.. All periods stated in days refer to calendar days. Unless a different start date is
specified, count time begins the day after any City Commission approval of the Mediated Action.
2
Submitted into the public
record in connection with
item D1.3 on 04/24/14
City Clerk
Plan. Time will otherwise be computed in the manner set forth. in Florida Rule of Judicial
Administration 2.514..
7. This Agreement may be executed in multiple counterparts, each of which shall
constitute .an original, and all of -Which shall constitute a single Agreement.
8., This Agreement shall be construed and enforced in accordance with the laws of
the State of Florida, without giving effect to the conflict of laws principles ofFlorida law.
9. Prior to any party seeking administrative or court enforcement against any
other party with respect to this Agreement or the Mediated Action Plan, the parties shall attempt
to informally mediate a dispute in a non binding mediation. Mediation shall take place within
ten (10) days of a written request made by either party to the other party. This requirement to
mediate prior toseeking administrative or court enforcement shall not prevent a party from
seeking immediate court enforcement if it clearly appears from specific facts shown by affidavit
that immediate and irreparable injury, loss, or damage will result to the aggrieved party before
the aggrieved party and the other party can conduct mediation as contemplated in this paragraph.
10. The parties agree that, on this appeal, MDM will advocate reversing, vacating,
and modifying, consistent with the Mediated Action Plan, HEP Board Resolutions No. 14-00098,
No. 14-00098a, and No. 14-00098b, and dissolving any interim protective period to allow
processing of permits. Reversing, vacating, and modifying, consistent with. the Mediated Action
Plan, HEP Board Resolutions No. 14-00098 and dissolving any interim protective period to
allow processing of permits is a condition subsequent to this Agreement and the Mediated Action
Plan, and neither the Agreement nor the Mediated Action Plan shall have any force or effect
absent the satisfaction of all of those conditions.
3
Submitted into the public
record in connection with
item D1.3 on 04/24/14
City Clerk
Dated:
LUIS PULENTA.
IvIDM Development LLC
MDMRetail, Ltd..
300 S. Biscayne Boulevard, Suite 201
Miami, Florida 33131
Tel: 305-.372-1081.
luis.pulenta@mclmnsa com
Dated:
EUUENE E. S, ESQ.
Attorney for MDM Development LLC and MDM Retail., Ltd.
Steams Weaver Miller Weissler Alhadeff &. Sitterson, P.A.
150 West Flogler Street, Suite 2200
Miami, Florida 33130
Tel 305-789-3200
esteams@stearnsweaver.com
p. /20/AL
RANCISCO GARCIA
City Planning Director
444 S.W. 2nd Avenue
Miami, Florida 33130
Tel: 305-416-1200
fgarcia@miamigov.com
V ORIA MENDEZ, C1rATTORNEY
Attorney for the City of Miami
444 S.W. 2nd Avenue
Miami, Florida 33130
Tel: 305-416-1800
vmendez@mianaigov.com
gov.com
4
Dated:
Dated: 3 / ..)A
Dated: 3/2o // T .
AN
As Mediator
Gunster, Yoakley & Stewart, P.A.
2 South Biscayne. Boulevard
Miami, FL 33131-
Tel: 305-376-6043
acortinas@gunster.com
3/z
Submitted into the public
record in connection with
item D1.3 on 04/24/14
City Clerk
EDIT
IN THE C2i'I Y COMMIS SION OF THE
CITY OF MIAM., FLORIDA
RESOLUTION NO. 14-00098; MARCH 27, 2014 AG-ENDA
MEDIATED ACTION PLAN
MDM DEVELOPMENT LLC and MDM RETAIL, L tD. (collectively, "MDM") and the
Gil Y. OF MIAMI ("City") agree to this Mediated Action Plan in order to preserve, interpret,
showcase,. and educate the public about the history of the proposed METsgnare site.
("METsgnare") upon the following terms and conditions subject to the approval of the City
Commission:
1, • The parties agree that MDM will preserve, interpret, and showcase in their
original and historical location the .following .archaeological areas of the METsquare site
associated with the Tequestas:
(a)
The Northeast Comer Circle, which is also known as the Royal Palm
Circle, marked as "1" on the attached Diagram A, as well as
(b) The Southwest Corner Circle, .marked as "2" on the attached Diagram A.
2. With respect to the Northeast Corner Circle, the parties agree:
(a)
The Northeast Corner Circle will be enclosed in a gallery building as
shown in the attached Diagram B that will showcase the site and provide
interpretive information regarding this site,
The Northeast Comer Circle will be protected and di Splayed by
transparent glass -type flooring.
In order to maximize the square footage of the gallery and allow for
preservation and exhibitions of the Royal Palm Hotel foundations, the City
will process administrative approval for alternate setbacks necessary to
preserve and showcase the Northeast Comer Circle as required by
Paragraph 1(a) and Paragraphs 2(a-b).
5
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item DI.3 on 04/24/14
City Clerk
(d)
(e)
As a condition precedent to the preservation and display of the Northeast
Corner Circle in its entirety as outlined in Paragraph 1(a) and Paragraphs
2(a-b), and after best efforts by MDM, the City and all other necessary
government authorities must permit the portion .of the: METsquare
building currently planned to cover the Northeast Corner Circle to
encroach on adjacent rights of way within sixty (60) days as necessary to
expand the building and preserve and showcase the Northeast Comer
Circle as required by Paragraph. 1(a) and Paragraphs 2(a-b). The sixty
(60) day period may be extended if the delay does not affect MDM's
critical path of constriction but in no event shall be extended more than
ninety (90) additional days_ These time periods shall be calculated with
the count starting. the day after any City Commission approval of the
Mediated Action Plan and otherwise be computed in the manner set forth
in Florida Rule of Judicial Administration 2.5.14. Absent satisfaction of
this condition, IVIDM will preserve any portions of the Northeast Comer
Circle on private property that remain after construction and display them.
in place.
MDM agracs to fund the design and development of the gallery building,
,and will fund associated utility and maintenance expenses. MDM vv�I1
enter into a lease. with HistoryMiami for a nominal yearly rent to display
interpretive exhibits within the gallery building, such lease to include
reasonable terms and conditions governing HistoryMiami'S occupancy,
such as insurance and access to bathrooms.
3. With respect to the Southwest Corner. Circle, the parties agree that_.
(a) MDM will wail off the Southwest Corner Circle with transparent glass -
type material that will allow historical, preservation, display, and public
viewing of this archaeological site associated with the Tequestas.
The Southwest Corner Circle will be housed in a two-story glass building
as shown in the attached Diagram C that will allow pedestrians outside the
building to be able to View the Southwest Comer Circle site through the
first -floor glass walls; MDM will attempt to limit the building material
supporting the transparent glass -type material so as to reduce obstruction
of the view; the first floor, measured from the bottom, of the first floor to
the bottom of the second floor, will be at least sixteen feet high.
Patrons of the ground -level retail space will be able to view the Southwest
Corner Circle site from inside the retail space, but a glass wall will
separate the retail space from the Southwest Corner Circle site. The
Southwest Comer Circle site will not be covered.
(b)
(c)
(d)
The part of the first floor enclosing the Southwest Corner Circle will not
be used for retail space of any kind. The second floor of the Southwest
Comer Circle building may be used for retail..
6
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record in connection with
item DI.3 on 04/24/14
City Clerk
The City will process an administrative approva`), for alternate setbacks.
necessary to preserve and showcase the Southwest Corner Circle site as
required by Paragraph 1(b)) and Paragraphs 3(a-d).
As a condition precedent to the preservation and display of the Southwest
Corner Circle in its entirety as outlined in Paragraph 1(b) and Paragraphs
3(a-d), and after best efforts by MDM, the City and all other necessary
government authorities must permit the portion of the METsquare
building currently planned to cover the Southwest Comer Circle to
encroach on adjacent rights of way within sixty (60) days as nenessary to
expand the building and preserve and showcase the Southwest Comer
Circle as required by Paragraph 1(b) and Paragraphs .3(a-d). The sixty
(60) day period. may be extended if the delay does not affect MDM's
critical path of construction but, in no event. shall be extended more than
ninety (90) additional days. These time periods shall be calculated with
the count starting the day after any City Commission approval of the
Mediated Action Plan and. otherwise be computed in the manner set forth
in Florida Rule of Judicial Administration 2.514. Absent satisfaction of
this condition, MDM will preserve any portions of the Southwest Comer
Circle on private property that remain after constriction and display them
in place.
4. With respect to the portion of the Royal Palm Hotel foundation abutting the
Northeast Circle:
(a) The portion of the Royal Palm Hotel foimrlation abutting the Northeast
Circle will be. enclosed in the gallery building attached as Diagram B
that will showcase it and provide interpretive information regarding
This site to the extent possible.
(b)
(c)
The portion of the Royal Palm Hotel' foundation abutting the Northeast
Circle will be protected and displayed by transparent glass -type flooring..
The City will process an .administrative approval for alternate setbacks
necessary to preserve and showcase the portion of the Royal Palm Hotel
foundation abutting the Northeast Circle as required by Paragraphs 4(a-b).
(d) As a condition. precedent to the preservation and display of the portion of
the Royal. Palm Hotel foundation abutting the Northeast Comer Circle in
its entirety as outlined in to Paragraphs 4(a-b),, and after best effoi is by
MDM, the City and all other necessary governmentauthorities must
permit the portion of the METsquare building currently planned to cover
the Northeast Corner Circle to encroach on. adjacent rights of way within
sixty (60) days as necessary to expand the building and preserve and_
showcase the Northeast Corner Circle as required. by Paragraphs 4(a b)_.
The sixty (60) day period inay be extended if the delay does ncit .affect
7
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record in connection with
item D1.3 on 04/24/14
City Clerk
MDM's critical path of construction but in no event shall be extended
more than ninety (90) additional days. These time periods shall be
calculated with the count starting the day after any City Commission
approval of the Mediated Action Plan and otherwise be computed in the
manner set forthin Florida .Rule of Judicial Administration 2..514. Absent
satisfaction of this .condition, MDMwill preserve any portion of the Royal
Palrn Hotel foundation abutting the Northeast Corner Circle on private
property -that remains after construction and display them. in place.
5. The pities agree that MDM will. preserve the steps of the former anti historic
Royal Palm Hotel, ..move them to the plaza, provide interpretive infolaiation, and showcase them
for public viewing.
6 The parties agree that MDM will preserve, interpret, and showcase a. Fort Dallas -
era well, which was discovered on the METsgi3are site, in its original and historical location and
maintain it in compliance with federal and state laws and regulations. MDM agrees to cover the
Fort Dallas -era well with transparent glass -type flooring s.oas to allow historical preservation of
thisfeature and also allow the general public to view the Fort Dallas -era well during reasonable
business hours. It is contemplated that the Fort Dallas -era well will be showcased in a public
area of the first -floor retail area of METsgnare.
7. MDM agrees that it will arrange to illuminate any display of the Northeast Corner
Circle, -the Southwest Comer Circle, the Fort Dallas -era well, the Royal Palm Hotel's-foundation,
and the steps of the historic Royal Palm Hotel sites during evening hours and provide proper
interpretive signage. The parties agree that that the building containing the. Northeast Comer
Circle will be in addition to .and adjacent to the plaza area described in Paragraph 8 below.
8. MDM agrees to consult with a HisloryMiami and Dade Heritage Trust joint
cornm-ittee in connection with the presentation in the plaza and inteipietive exhibits. MDM will.
employ gnalified historians to write a comprehensive history of the north bank of the Miami
River andprovide content for an interpretive signage plan. MDM will employ a qualified
Submitted into the public
record in connection with
item DI.3 on 04/24/14
City Clerk
engineering firna .to complete the three-dimensional laser mapping of METsquare. lvE M will
employ a qualified -archeological firm to fully document and catalogue ail artifacts and to
interpret the data .from the excavation at METsquare and to prepare a final report summarizing
its findings. Ia addition to exhibitry, MDM will fund the creation of a scale model of the Royal
Palm Hotel and an audio visual interpretive film of the historical METsquare site. The plaza
area will be as defined in the attached. Diagram D. MDMwill employ a qualified expert to design
the historical -exhibits, the archeological exhibits, and any other educational materials presented.
Exhibits will include an interactive three: -dimensional inap of the site, a full exhibit of the history
of the mouth of the Miami River,. including findings from adjacent sites and interpreting the
Granada site and the Miami Circle site. Pursuant to .HEP Board Resolution No. 2.004-4-8, the
final plans: for the interpretive elements of the plaza shall be brought back to the HAP Board for
approval.
9. The parties agreethat members of the public can view for free the exhibits and
features referenced in Paragraphs 1-10. Any copyrighted or otherwise privately owned
educational materials may be available at a charge.
10. MDM will employ a gnatified archaeological firm and qualified engineering firm.
to plot and mark the historic shore of the Miami River. MDM will mark and illustrate that
shoreline in the accessible tenant flooring and public spaces at METsgnare, in a. manner
consistent with the flooring type, and provide appropriate, interpretive signage.
11. MDM will not object to. a qualified archaeological firm excavating and exploring
the portions of Royal Palm Circle B and Southwest Corner Circle B on City property. MD.M
Will provide up to $10,000 for the reasonable costs for a qualified archaeological firm to
excavate and explore the .portions of those sites, so long as such excavation and exploration is
Submitted into the public
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item D1.3 on 04 24 14
City Clerk
completed in sixty (60) clays.
12. The existing certificate of appropriateness approved by BEPB 2002-68., as
modified by this Mediated Action Plan, shall satisfy the requirements of .Chapter 23 for
au. haeological di ecoveries as of this date_ All other conditions .of all prior approvals by the City,
resolutions by the BEP Board, or actions by the HEP Board for the Met Square site that are not
inconsistent with this Mediated Action Plan shall remain in full force and effect. The Planning
Director will take action to process the necessary administrative approvals to conform previous
development approvals to the Mediated Action PIan within sixty (60) days, which action shall
reflect the contingency that that the encroachments referenced in Paragraphs 2(d), 3(f), and 4(d)
may or may not proceed.
13. All terms of this Mediated Action Plan shall be subject to compliance with the
Florida Bui1dinp Code and any applicable fire and life safety code. MD.M. shall use best efforts
to seek approval under these codes, but such efforts shall not require MDM to seek any variances
from the Florida Building Code and the applicable fire and life safety code. In the event that
approval cannot be obtained, MDM may proceed with an alternative design to resolve the
technical noncompliance with the Codes subject to Planning Director approval within seven (7)
days.
14. The HEP Board is scheduled to consider the preliminary designation of the site on
April 1, 2014. If the HEP Board at that meeting decides the issues of both the preliminary and
final designationat that meeting, MDM agrees at thatmeeting to stipulate to the designation of
the site so long as the consideration of any preliminary or final designation does not in anyway
delay, interfere with, or otherwise affect the dissolution of the interim protective period or the
development of METsgnare in accordance with the previously issued certificates of
10
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City Clerk
appropriateness, as modified by the Mediated Action Plan. The consideration of any preliminary
or final designation shall not in any way delay, interfere with, or otherwise affect the dissolution
of the interim protective period or thedevelopment of METsquare inaccordance with the
previously issued certificates of appropriateness, as modified by the Mediated Action Plan.
Regardless of any preliminary or final designation of any portion of the site, no further certificate
of appropriateness will be required to develop the METsquare project in accordance with
Warrant No. 13-001.3 and the existing certificate of appropriateness as modified by this Mediated
Action Plan. MDM will not. oppose National Register of Historic places nomination and
designation and National Historic Landmark nomination and designation so lorig as they do not
in any way delay, interfere with., .or otherwise affect the dissolution of the interim protective
period or the development of METsquare in accordance with the previously issued certificates of
appropriateness, as modified by the Mediated Action Plan.
15, The parties agree that MDM will make reasonable efforts to allow for a
crawlspace below the portions of the first floor of thebuilding that can be made accessible,
consistent with current development plans, based on the gap between the bedrock and beams and
other foundational elements. Any such crawlspace will be non-public and available only to
professional archaeologists, historians, and maintenance workers who sign a liability waiver, and
archaeologists .and historians will only be able to enter to perform further research at the
METsquare site. As a condition precedent to this Paragraph 15, the crawlspace must be lawful
and the City and any other necessary .government authorities must approve it and MDM will
employ its best efforts to obtain such approval. If any ,crawlspace plans are not authorized,
MDM agrees to consult with architect Richard Heisenbottle. After consultation, if the
crawlspace plans_ are not authorized, those portions will be rendered moot under this Paragraph.
11
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City Clerk
16. MDM will protect the center circle, to the extent possible and to the extent
consistent with its construction plans without modifying the design of the building described in
Diagram A, by placing fill in between the slab and the bedrock before laying the slab.
17.. The parties agree that MDM will make reasonable efforts to rename METsquare
in such a way as to honor the historical. significance of the site with the understanding that the
site may nevertheless include the name "METsquare" and that MDM agrees only to make.
reasonable efforts in any such renaming. MDM will ask the public for suggestions for the name
as part of this process.
18. The City and the undersigned acknowledge the significant contributions made by
MDM, to the archaeological and historical discoveries on the METsgpare site.
19. This Mediated Action Plan andan obligation to use reasonable efforts to maintain
the exhibits and features referenced in Paragraphs 1.-10 shall constitute a .covenant running with
the land, and shall be binding on all successors and assigns. The initial term of the covenant
shall be 30 years, which shall be automatically renewed for successive 10 year 'periods unless
written. notice of the intent to terminate is made by both parties no later than 180 days prior to the
end of a tern. The Mediated Action Plan shall be recorded as a covenant running with the land
with the understanding that the org nizations. listed in Paragraph 2 of the Agreement Reached at
Mediation shall have standing to enforce the covenants in the event the City fails to enforce the
Mediated Action Plan one -hundred twenty (120) days after written notice to the City Attomey's
Office.
20. The City and MDM agree that human remains discovered and re -interred, as well
any to be discovered and to be re -interred, shall be protected in perpetuity in the pre -approved
designated area and in a manner consistent with the Native American. Protection and Repatriation
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City Clerk
Act.
2.1. The agreements reached in this Mediated Action Plan represent the parties' best
efforts to preserve, educate, and showcase the :history of the site being developed. The
preservation and exhibition of these archaeological and historical sites will be for the eternal
public benefit of the history of Miami,. its citizens, and its visitors.
LUIS PULENTA
MDM Development LLC
MDM Retail, Ltd.
300 S. Biscayne Boulevard, Suite 201
Miami, Florida 33131
Tel: 305-372-10.81
luis.pulentamrl musa.coin
Dated:
0//4
Dated:
EUGENE E, S'1'E'ARNS, ESQ.
Attorney for MDM Development LLC and MDM. Retail, Ltd.
Steams Weaver Miller Weissler. Alhadeff & Sitterson, P.A.
150 West Flagler Street, Suite 2200
lvriami, Florida 33,1.30
Tel: 305-789-3200
estearns@stearnsweaver. coin
C ` .S GARCIA
City Planning Director
4144 S.W. 2nd Avenue
Miami, Florida 33130
Tel: 305-416-1200
fgarcia@rniaraigny.com
1.3
Dated: 3/Z /i(
Submitted into the public
record in connection with
item 01.3 on 04/24/14
City Clerk
VI RIA M ND1-7, CITY A ORNEY
Attorney for the City ofMiami
444 SW. 2nd Avenue
Miami, Florida.33.130
Tel: 305-416-1800
vmendez(a7miamigov.com
1-4
Dated: 3
Dated:
az//,‘
Asediator
Gvnster, Yoakley & Stewart, P.A.
2 South Biscayne Boulevard
Miami, FL 33131
Tel: 305-376-6043
acortinas@gunster.com
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NTO THE
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FeJSk..iC RECORD FOR
ITEM Da-3 ON