HomeMy WebLinkAboutExhibit A SUBRICKENBACKER MARINA
ACCESS AGREEMENT
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THIS ACCESS AGREEMENT ("Agreement"), by and between the CITY OF MIAMI ("City");
RICKENBACKER MARINA, INC., a Lessee of certain City -owned property ("Rickenbacker Marina"); and
the NATIONAL MARINE MANUFACTURER'S ASSOCIATION, INC. ("NMMA") or ("User") either of
which may be used interchangeably, is effective as of the date this Agreement is fully executed by all named
parties ("Effective Date"), and is entered into as follows:
Recitals
Whereas, the City is the owner of real property along Rickenbacker Causeway and Virginia Key.
Whereas, NMMA desires to utilize certain City -owned real property, currently leased by
Rickenbacker Marina, in order to present to the public and operate the 2016 Miami International Boat Show
("Boat Show").
Whereas, the City and NMMA have entered into a Revocable License Agreement in order to allow
NMMA to host and operate the Boat Show ("Boat Show License Agreement"), the terms of which are
hereby incorporated by reference as if fully set forth herein.
Whereas, the City, Rickenbacker Marina, and NMMA have entered into this Agreement to allow
NMMA to utilize the property specified below for the purposes and duration indicated herein in furtherance
of its operation of the Boat Show.
Now therefore, for and in consideration of the mutual promises and covenants set forth herein, the
parties hereby agree as follows:
1. Grant of Access
The City and Rickenbacker Marina grant to NMMA, its successors, employees, agents,
contractors and invitees (collectively "User"), temporary access rights, subject to the conditions and
limitations contained herein, as well as those contained within the Boat Show License Agreement
between the City and NMMA, and solely for the purpose and term stated below, to use certain City -
owned property currently leased by Rickenbacker Marina, generally located at
3301 Rickenbacker Causeway Miami, FL 33149, and more specifically described in Exhibit A,
attached hereto ("Premises").
2. Purpose & Duration of Access
User, at its sole cost and expense, including but not limited to any increased costs in
insurance or utilities, is hereby authorized to utilize the Premises for the purpose of providing
parking, restrooms, exhibition space, and other ancillary uses, including, but not limited to,
installing and removing tents, providing demonstrations, and accessing and using utilities during the
Boat Show,
User will be authorized to use the Premises in the manner specified for a term that shall
include the five (5) days allocated for the Boat Show, from February 11, 2016 to February 15, 2016
("Event"), as well as the twenty-one (21) days preceding the commencement of the Boat Show in
order to set up and erect necessary equipment ("Set -Up"), and fourteen (14) days after the final date
of the Boat Show to remove and take down equipment ("Tear -Down"), This term shall be equal to a
total of forty (40) days from January 21, 2016 to February 29, 2016 ("Term").
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3. Non -Exclusive
User's right of access to the Premises is not exclusive, The City, its successors, agents,
assigns and grantees shall have the right to use the Premises for all purposes as are permitted by
federal, state, and local statutes, laws, ordinances, codes, regulations and rules, or as determined by
the City, so long as such use does not interfere with User's rights hereunder or the rights enjoyed by
Rickenbacker Marina under its lease agreement with the City.
Rickenbacker Marina, its successors, agents, assigns, members, and grantees shall not
access boats located on the marina's dry slips from February 8, 201.6 until February 16, 2016 during
the Event, but shall retain the ability to have their boats removed during the Term.
Rickenbacker Marina members that use wet slips shall have access to valet and porter
service in the event on -site parking is not available. Valet parking, porter service, and shuttle
service shall commence on February 3, 2016.
At all times during the Term, including during the Event, Rickenbacker Marina shall use
best efforts, and shall not unreasonably refuse, to continue operations of the marina's (1) fuel
station; and (2) stores and other retail services on the Premises, and shall allow the continued use of
the retail/restaurant sublease known as Whiskey Joes, The services and repair station located on the
Premises shall continue to operate until February 8, 2016 and shall resume operations on February
16, 2016. In the event Rickenbacker Marina elects to operate the services and repair station between
February 8, 2016 and February 16, 2016, Rickenbacker Marina shall be required to maintain
insurance per the terms of its lease with City.
4. Access/Use Fee
User agrees to pay a fee for the User's use of the Premises ("Use Fee") to the City as
specified in and subject to the terms of the Boat Show License Agreement, which is incorporated
herein by reference. In addition to the aforementioned Use Fee, User shall hire certain specified
Rickenbacker- Marina personnel during the Event, thereby placing such selected personnel on
NMMA payroll. A list indicating personnel to be hired is attached hereto as Exhibit C. On or
before January 5, 2016, NMMA shall pay the sum of One Hundred and Twenty Thousand Dollars
and No Cents ($120,000,00) ("Marina Use Fee") to Rickenbacker Marina as payment for NMMA's
use of the property as set forth herein. In addition and on or before January 5, 2016, NMMA shall
provide Rickenbacker Marina with a Ten Thousand Dollar ($10,000,00) security deposit to be used
by Rickenbacker Marina as security for the strict compliance by NMM.A of the terms and conditions
set forth in this Agreement. The security deposit can also be used by Rickenbacker Marina as a
credit towards any revenue shortfall in fuel sales and/or parts and service in excess of Ten Thousand
Dollars ($10,000.00). Notwithstanding the foregoing, NMMA remains responsible for any amounts
that remain due and owing to Rickenbacker Marina under this Agreement in excess of the security
deposit applied.
Rickenbacker Marina will agree to credit back or reimburse NMMA out of the Marina Use
Fee any payroll amounts paid to the specified Rickenbacker Marina personnel hired by NMMA for
the Event. Final settlement of all applicable reimbursements or payments in accordance with this
section shall be completed on or before March 8, 2016.
User shall also provide to Rickenbacker Marina a total of six hundred (600) tickets to the
Boat Show, so that the same may be distributed among Rickenbacker Marina members, partners,
and other invitees.
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User and Rickenbacker Marina shall make its accounts available for review by the City at
all reasonable times, and shall maintain those accounts in accordance with generally accepted
accounting principles.
5. Condition, Maintenance, & Restoration
User accepts the Premises "As Is", in its present condition and state of repair and without
any representation by or on behalf of the City or Rickenbacker Marina, and agrees that neither the
City nor Rickenbacker Marina shall, under any circumstance, be liable for any latent, patent or other
defects in the Premises. During its use of the Premises, User, at its sole cost, shall maintain the
Premises in good order and repair at all times and in an attractive, clean, safe and sanitary condition
and shall suffer no waste or injury thereto. User shall be responsible for all repairs to the Premises
required or caused by User's use of any part thereof.
User agrees to restore the Premises to the condition it was prior to the Boat Show having
taken place, including, but not limited to, providing repairs for structural, mechanical, electrical, or
other damage to the Premises or any improvements or personal property thereon, excluding any
damage caused by ordinary wear and tear typical in the operation of a commercial marina. Such
ordinary wear and tear shall be defined as the unavoidable deterioration of the area and
improvements that result from the uses and for the term permitted herein, and shall not include
deterioration that results from User's negligence, carelessness, accident or abuse of the premises, or
from User's noncompliance with the terms of this agreement.
User agrees to make all changes necessary to the Premises at User's sole cost and expense
in order to comply with all City, County, State and Federal requirements for User's use or
occupancy thereof. Additionally, User agrees to maintain the Premises at its own cost and expense
in accordance and in compliance with the terms and conditions specified in Exhibit B, attached
hereto and made a part hereof.
6. Costs, Expenses & Fees
Notwithstanding any other term or provision herein it is expressly understood and agreed by
User and Rickenbacker Marina that the City is not responsible, liable, or otherwise answerable to
pay any fee, charge, cost, expense, reimbursement or other monetary compensation to User or
Rickenbacker Marina, or their respective agents, representatives, employees or contractors for their
work or their services under this Agreement.
User shall pay any and all impositions, levies, charges, fees, or assessments imposed upon
the Premises as a result of User's use of the Premises and shall provide evidence of its ability and
intent to pay for such assessments. In the event User appeals a fee, User shall immediately notify
City of its intention to appeal said fee and shall .furnish and keep in effect a surety bond of a
responsible and substantial surety company reasonably acceptable to City' in an amount sufficient to
pay one hundred percent of the contested fee together with all interest, costs and expenses, including
reasonable attorneys' fees, expected to be incurred.
7. Violations, Liens & Security Interest.
User, at its sole expense and with due diligence and dispatch, shall secure the cancellation,
discharge, or bond off, in the manner permitted by law, all notices of violations arising from, or
otherwise in connected with, User's improvements, use, occupancy, or operations in the Premises
which shall be issued by any public authority having or asserting jurisdiction. User shall promptly
pay its contractors, subcontractors, and material -men for all work and labor done at User's request.
Should any lien, claim, or encumbrance be asserted or filed, User shall bond against or discharge the
same regardless of validity, within ten (10) calendar days of User's receipt of notice of the filing of
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said lien, claim, or encumbrance. In the event User fails to remove or bond against said lien or claim
in the full amount stated, the City without obligation to do so, may bond, settle, or otherwise remove
such lien or claim and User shall pay the City upon demand any amounts paid out by City to
extinguish such claim or lien, including City's costs, expenses, and reasonable attorneys' fees.
User further agrees to hold City and Rickenbacker Marina harmless from and to indemnify
the City and Rickenbacker Marina against any and all claims, demands and expenses of any
contractor, subcontractor, material person, laborer or any other third person with whom User has
contracted or otherwise is found liable, in respect to the Premises. Nothing contained in this
Agreement shall be deemed, construed or interpreted to imply any consent or Agreement on the part
of City to subject the City's interest or estate to any liability under any mechanic's, laborers',
equitable or other lien asserted by any contractor, subcontractor, material person or supplier against
any part of the Premises or any of the improvements thereon. All contracts, subcontracts, purchase
orders, or other Agreements involving the Premises shall provide for the waiver of any lien rights in
the Premises and provide that the contracting party agrees to be bound by such provision and
include the waiver provision in any sub Agreement.
8, Advertising
User shall not permit any signs, decoration, or advertising matter to be placed either in the
interior or upon the exterior of the Premises without having first obtained the approval of
Rickenbacker Marina, and the Director of Real Estate and Asset Management ("Director") or his/her
designee, which approval may be withheld for any or no reason, at their sole discretion. If approved
by Director, all such approved advertisements and signs must comply with County and City Sign
Regulations. User must further obtain approval from all governmental authorities having
jurisdiction, and must comply with all applicable requirements set forth in the City of Miami Code
and Zoning Ordinance,
User shall, at its sole cost and expense, install, provide, maintain such sign, decoration, advertising
matter or other things as may be permitted hereunder in good condition and repair at all times.
Upon the cancellation of this Agreement, User shall, at its sole cost and expense, remove any sign,
decoration, advertising matter or other thing permitted hereunder from the Premises. If any part of
the Premises is in any way damaged by the removal of such items, said damage shall be repaired by
User at its sole cost and expense. Should User fail to repair any damage caused to the Premises
within ten (10) days after receipt of written notice from the City directing the required repairs, the
City shall cause the Premises to be repaired at the sole cost and expense of User. User shall pay the
City the full cost of such repairs within five (5) days of receipt of an invoice indicating the cost of
such required repairs.
9, Representations and Warranties of User
a. Financially solvent. User warrants that it is financially solvent, is able to pay all debts as
they mature and is possessed of sufficient working capital to complete the Use and perform
all obligations under this Agreement.
b. Authorization. User has taken all action necessary for the approval and execution of this
agreement and has been duly authorized to commit User to all terms and conditions of this
Access Agreement which shall constitute the valid and binding obligations of User.
c. Compliance with laws. User hereby acknowledges that User's strict compliance with all
applicable federal, state and local laws, ordinances, public agency permitting requirements
and regulatory approvals, and regulations is a condition of this Agreement, and the User
shall comply therewith as the same presently exist and as they may be amended hereafter.
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10. Discrimination
User shall not discriminate as to race, color, religion, sex, national origin, age, sexual
orientation, disability or marital status in connection with its occupancy and/or use of the Premises
and improvements thereon.
11. Hazardous Materials.
The User shall, at its sole cost and expense, at all times, and in all respects, comply with all
federal, state and local laws, statutes, ordinances and regulations, rules, rulings, policies, orders,
administrative actions and administrative orders ("Hazardous Materials Laws"), including, without
limitation, any Hazardous Material Laws relating to industrial hygiene, environmental protection or
the use, storage, disposal or transportation of any flammable explosives, toxic substances or other
hazardous, contaminated or polluting materials, substances or wastes, including, without limitation,
any "Hazardous Substances", "Hazardous Wastes", "Hazardous Materials" or "Toxic Substances,
under any such laws, ordinances or regulations (collectively "Hazardous Materials"). The User
shall, at its sole cost and expense, procure, maintain in effect, and comply with all conditions of any
and all permits, agreements and other governmental and regulatory approvals relating to the
presence of Hazardous Materials within, on, under or about the Premises required for the User's use,
or storage of, any Hazardous Materials in or about the Premises in conformity with all applicable
Hazardous Materials Laws and prudent industry practices regarding management of such Hazardous
Materials. Upon termination or expiration of this Agreement, the User shall, at its sole cost and
expense, cause all Hazardous Materials, including their storage devices, placed in or about the
Premises by the User or at the User's direction, to be removed from the Premises and transported for
use, storage or disposal in accordance and compliance with all applicable Hazardous Materials
Laws. The City acknowledges that it is not the intent of this Article to prohibit the User from
operating in the Premises for the uses described in this Agreement. The User may operate according
to the custom of the industry so long as the use or presence of Hazardous Materials is strictly and
properly monitored according to, and in compliance with, all applicable governmental requirements.
The requirements of this Section of the Agreement shall survive the expiration or termination of this
Agreement.
12. Security
User acknowledges that at all times during the term of this Agreement, it shall maintain
security measures appropriate to reasonably protect the Premises, including the staffing of personnel
as may be reasonably necessary to safely operate the Premises for the purposes specified in Section
2 above. The foregoing security plan shall be provided to Rickenbacker Marina prior to the event
and afford Rickenbacker Marina a sufficient time to review same. User must obtain Rickenbacker
Marina's consent to the proposed security plan prior to the event. Notwithstanding the foregoing,
Rickenbacker Marina's consent to any security plan will not be deemed to create any right or right
of action in such against Rickenbacker Marina.
13. Insurance Requirements
Prior to User, its agents, employees, representatives, contractors, sub -contractors,
consultants or anyone else directly or indirectly employed by any of them entering upon the
Premises for the purpose of performing the permitted uses as defined herein, the User shall obtain
and maintain or cause to be obtained and maintained throughout the term of this Agreement, the
types and amounts of insurance coverage set forth in Exhibit B, attached hereto and made a part
hereof, in such reasonable amounts as approved by the City's Risk Management Director protecting
the City, against all claims for personal injury, bodily injury, property damage, and regulatory
actions by governmental agencies arising out of or related to the activities undertaken by the User
upon the Premises and naming the City as an additional insured. All policies and/or certificates of
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insurance are subject to review and verification by the City's Risk Management Department prior to
insurance approval. The City's Risk Management Department reserves the right to make reasonable
changes in the types and amounts of insurance coverage as necessary and shall revise Exhibit B
accordingly.
Before commencement of the event, User shall furnish, in form and substance satisfactory
to all Parties, certified- copies of the required policies, including, without limitation, all
endorsements thereto, or, if acceptable to Rickenbacker Marina, in its sole discretion, certificates,
declarations pages and additional insured endorsements, from each insurance company showing that
the above insurance is in force, stating policy numbers, dates of expiration, and limits of liability
thereunder. The Indemnitees and other entities as may be reasonably requested shall be named as an
additional insured under these policies of insurance. It is expressly agreed and understood by and
between User and Rickenbacker Marina that the insurance afforded the additional insureds shall be
primary insurance and that any other insurance carried by Rickenbacker Marina shall be excess of
all other insurance carried by User and shall not contribute with User's insurance. User further
agrees to provide endorsements on its insurance policies which shall state the foregoing; however,
User's failure to provide such endorsement or required insurance shall not affect User's obligations
to provide the required insurance hereunder.
The User shall be responsible for assuring that the insurance certificates required under this
Premises remain in full force and effect for the duration of this Agreement, including any extensions
hereof. If insurance certificates are scheduled to expire during the term of this Agreement and any
extension hereof, User shall be responsible for submitting new or renewed insurance certificates to
the City's Risk Management Administrator at a minimum of ten (10) calendar days in advance of
such expiration(s). In the event that expired certificates are not replaced with new or renewed
certificates which cover the Occupancy and Use Period:
(i)
the City shall suspend this Agreement until such time as the new or renewed certificate(s)
are received in acceptable form by the City's Risk Management Director; or
(ii) the City may, at its sole discretion, terminate the Agreement for cause and seek appropriate
remedies in conjunction with the violation of the terms and conditions of this Agreement.
Compliance with the foregoing insurance requirements shall not relieve User of its liabilities
and obligations under this Agreement. User shall require as well its construction contractors,
subcontractors, and vendors for the Project that come onto the Premises to furnish the User and the
City, evidence of the following insurance coverage, unless this requirement is waived in writing by
the City Manager. The User's failure to require third parties to procure insurance shall in no way
release the User from its obligations and responsibilities as provided. Failure to require third parties
to procure insurance required by this Section shall constitute a cause for default of this Agreement.
If it can be determined that any loss or part thereof, shall be the fault of a third party (i.e, a
contractor or contractors, visitors to the building or any other person, persons or organizations)
except the City, then and in that event, the User may take all necessary actions to cause such third
party to pay such costs and the User shall be responsible for the restoration of any and all losses
incurred by the third party. In no event shall the City or Rickenbacker Marina be liable for damage
caused to the Premises or Properties by fire or other casualty. If no third party or parties are found
liable, or if a third party is found liable but is unable to pay damages, then the costs of such repairs
shall be ascribed to the User.
14, Assumption of Risk/Waiver of Consequential Damages
User acknowledges and agrees that by Use of the premises, User assumes all risk of loss
or damage to property, including, without limitation, loss or damage occasioned as a result of
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power outages or loss of any utilities, caused by the act of God, and all risk of personal injury,
including but not limited to death. In no event shall the City or Rickenbacker Marina be liable or
responsible for injury, loss or damage to the property, improvements, fixtures and/or equipment
belonging to or rented by User, its officers, agents, employees, invitees or patrons occurring in or
about the Premises that may be stolen, destroyed, or in any way damaged, including, without
limitation, fire, flood, steam, electricity, gas, water, rain, vandalism or theft which may leak or
flow from or into any part of the Premises, or from the breakage, leakage, obstruction or other
defects of the pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures of
the Premises, or from hurricane or any act of God or any act of negligence of any user of the
facilities or occupants of the Premises or any person whomsoever whether such damage or injury
results from conditions arising upon the Premises or from other sources. Notwithstanding the
above, this assumption of risk shall not apply to the marina itself, which is used in the normal
operation of Rickenbacker Marina, so long as it is not also used by NMMA.
Notwithstanding anything to the contrary contained in this Agreement or provided for
under any applicable Law, Rickenbacker Marina shall not be liable to User, either in contract or in
tort, for any consequential, incidental, indirect, special or punitive damages of User, including any
loss of future revenue, or income or profits, or any diminution of value or multiples of earnings
damages relating to the breach or alleged breach hereof, whether or not the possibility of such
damages has been disclosed to the other party in advance or could have been reasonably foreseen
by such other party.
15. Indemnification & Hold Harmless
The User shall indemnify, hold harmless and defend Rickenbacker Marina, their officers,
directors, employees, agents, shareholders and members, the City, its officers, employees, agents
and servants (collectively, the "Indemnitees") from and against all claims, damages or losses,
including attorney's fees, incurred to the Premises or to anyone on the Premises as a result of the
actions or omissions taken by the User or in connection with User's use of the property, any of its
agents, employees, contractors, sub -contractors, consultants, or any other third person performing
on its behalf. The duty of User to indemnify and hold harmless the Indemnitees identified herein,
includes the separate and independent duty to defend the Indemnitees, which duty arises
immediately upon receipt by User of the tender of any indemnity claim from an Indemnitee. User's
obligation to defend the Indemnitee(s) shall be at User's sole expense. User shall respond within
fifteen (15) calendar days to the tender of any indemnity claim for defense and/or indemnity by an
Indemnitee, unless the Indemnitee agrees in writing to an extension of this time. The defense
provided to the Indemnitees by User shall be by well -qualified, adequately -insured, and experienced
legal counsel chosen by the Indemnitees.
User shall further, at its own cost and expense, indemnify, hold harmless and defend the
City, its officers, employees, agents and servants from and against all claims, damages, causes of
action or losses, including attorney's fees, which arise from and in relation to this Agreement,
including, without limitation, the granting of this Agreement.
User hereby voluntarily and knowingly waives any and all claims against Rickenbacker
Marina and the City for personal injury or property damage sustained by the User, its agents,
employees, contractors, sub -contractors or consultants arising out of or related to the activities
undertaken by the User, its agents, employees, contractors, sub -contractors, or consultants upon the
Premises or in connection with the Work and releases Rickenbacker Marina and the City for any
claims in connection therewith. User acknowledges that as lawful consideration for being granted
the right to utilize and occupy the Premises, User, on behalf of himself, his agents, invitees and
employees, does hereby release from any legal liability Rickenbacker Marina, the City, its officers,
agents and employees, from any and all claims for injury, death or property damage resulting from
User's use of the Premises. The foregoing release will not apply where the injury, death, or
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property damage is the result of gross negligence or willful misconduct on the part of the City or
Rickenbacker Marina.
16, Attorney's Fees
In the event it becomes necessary for the City to institute legal proceedings to enforce or
interpret the indemnification provisions contained herein, User shall pay the City's court costs and
attorney's fees through all trial and appellate levels, including the court costs and attorney's fees
associated with enforcing the indemnification provisions.
User acknowledges that Florida law provides for mutuality of attorney's fees as a remedy in
contract cases and specifically and irrevocable waives its right to collect attorney's fees from the
City under applicable laws, including specifically, but not limited to Section 57.105, Florida
Statutes. It is the express intent of the parties hereto that in no event will the City be required to pay
User's attorney's fees and court costs for any action arising out of this Agreement. In the event that
User's waiver under this section is found to be invalid, then User agrees that the City's liability for
User's attorney's fees and court costs shall not exceed the sum of $100.00. In the event that the
waiver and limitations contained herein are found to be invalid, or are otherwise not upheld, then the
provisions of this Section shall become null and void and each party shall be responsible for its own
attorney's fees and costs.
Except in cases specified above, where the City must bring an action to enforce the
indemnification provisions contained herein, in which case the City shall be able to recover its
reasonable attorney's fees, each party shall bear their own respective attorney's fees.
17, Default by User
In the event User is in default of any of the terms of this Agreement, the City shall have all
remedies available to it at law or in equity. If, at the sole and complete discretion of the City
Manager, User in any manner violates the restrictions and conditions of this Agreement, then, and in
such event, after five (5) calendar days written notice given to User by the City Manager within
which to cease such violation or correct such deficiencies, and upon failure of User to do so after
such written notice within said five (5) day period, this Agreement shall be automatically canceled
without the need for further action by the City.
18. Cancellation
Either NMMA or the City may cancel this Agreement pursuant to the cancellation
procedures specified in the Boat Show License Agreement. Neither NMMA nor the City shall have
any recourse against the other for a cancellation effectuated pursuant to this Section, as it is
understood and agreed that this cancellation is for convenience, without cause and without recourse.
A cancellation of the Boat Show License Agreement will automatically effectuate the
cancellation of this Agreement. No party to this Agreement will have any recourse against another
due to such cancellation.
19, Surrender of Premises
In event of cancellation, or at the expiration of this Agreement, User shall peacefully
surrender the Premises in good condition and repair together with all alterations, fixtures,
installation, additions and improvements which may have been made in or attached on or to the
Premises. Upon surrender, User shall promptly remove all its personal property, trade fixtures and
equipment and User shall repair any damage to the Premises caused thereby. Should User fail to
repair any damage caused to the Premises within ten (10) days after receipt of written notice from
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City directing the required repairs, City shall cause the Premises to be repaired at the sole cost and
expense of User. User shall pay to the City the full cost of such repairs within five (5) calendar days
of receipt of an invoice indicating the cost of such required repairs. At the City's option, City may
require User, at User's sole cost and expense, to restore the Premises to a condition acceptable to the
City.
In the event User fails to remove its personal property, equipment and fixtures from the
Premises within the time limit set by the notice, said property shall be deemed abandoned and
thereupon shall become the sole personal property of the City. The City, at its sole discretion and
without liability, may remove and/or dispose of same as the City sees fit, all at User's sole cost and
expense.
20, Joint Effect of Agreement
Nothing contained in this Agreement shall constitute or be construed to create a partnership
or joint venture between the User and City or Rickenbacker Marina or to make City or
Rickenbacker Marina jointly liable with the User for any obligation arising out of the activities and
services contemplated by this Agreement. User's relationship with the City and Rickenbacker
Marina in the performance of this Agreement is that of an independent contractor. All persons
performing services which are to be performed by User under this Agreement shall at all times be
under User's exclusive direction and control and shall be employees or agents of User and not
employees or representatives of the City or Rickenbacker Marina.
21. Governing law & Venue
This Agreement shall be governed by and construed in accordance with the laws of the State
of Florida regardless of any conflict of law or other rules which would require the application of the
laws of another jurisdiction. Venue shall be in Miami- Dade County.
22. Waiver of Jury Trial
The parties hereby knowingly, irrevocably, voluntarily and intentionally waive any right
either may have to a trial by jury in respect of any action, proceeding or counterclaim based on this
Agreement, or arising out of, under or in connection with this Agreement or any amendment or
modification of this Agreement, or any other Agreement executed by and between the parties in
connection with this Agreement, or any course of conduct, course of dealing, statements (whether
verbal or written) or actions of any party hereto. This waiver of jury trial provision is a material
inducement for the City, Rickenbacker Marina, and User entering into the subject transaction.
23, Non -Assignment
User may not assign or transfer any rights or remedies contained in this Agreement or any
portion of any privilege of occupancy and/or use granted by this Agreement. Notwithstanding the
terms of this Section, NMMA may, at its sole discretion, enter into a separate agreement with
Specialty Restaurants Corporation whereby Specialty Restaurants Corporation serves as a
concessionaire during the Boat Show, and thereby gains access to the Premises described herein.
24. No Waiver
Any failure by the City at any time, or from time to time, to enforce and require the strict
keeping and performance of any of the terms or conditions of this Agreement shall not constitute a
waiver of any such terms or conditions at any future time and shall not prevent the City from
insisting on the strict keeping and performance of such terms or conditions at any later time. No
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waiver of any right hereunder shall be effective unless otherwise specified in writing and signed by
the City,
25. Public Records
User understands that the public shall have access to City contracts and all documents,
records and reports maintained by the City which are generated pursuant to this Agreement, in
accordance with the provisions of Chapter 119, Florida Statutes, as amended.
26, Notices
All notices or other communications which may be given pursuant to this Agreement shall
be in writing and shall be deemed properly served if delivered by personal service or by certified
mail addressed to the City and the User at the address indicated herein or as the same may be
changed from time to time. Such notice shall be deemed given on the day on which personally
served; or if by certified mail, on the fifth (5`1') day after being posted or the date of actual receipt,
whichever is earlier:
CITY OF MIAMI
City of Miami
Office of the City Manager
444 SW 2 Avenue, 10r'' Floor
Miami, FL 33130
WITH A COPY TO
City of Miami
Dept, of Real Estate & Asset Management
444 SW 2nd Avenue, Suite 325
Miami, FL 33130
And
City of Miami
Office of the City Attorney
444 SW 2 Avenue, Suite 945
Miami, FL 33130
27, Interpretation
USER
National Marine Manufacturer's Association
9050 Pines Boulevard
Pembroke Pines, FL 33024
Attn: Cathy Rick -Joule
WITH A COPY TO
National Marine Manufacturer's Association
231 South LaSalle St. Suite 2050
Chicago, IL 60604
Attention: Chief Financial Officer
RICKENBACKER MARINA
Rickenbacker Marina, Inc.
3301 Rickenbacker Causeway
Key Biscayne, FL 33149
Attn: Aabad R. Melwani, President
This Agreement is the result of negotiations between the parties and has been typed/printed
by one party for the convenience of all parties hereto. Should the provisions of this Agreement
require judicial or arbitral interpretation, it is agreed that the judicial or arbitral body interpreting or
construing the same shall not apply the assumption that the terms hereof shall be more strictly
construed against one party by reason of the rule of construction that an instrument is to be
construed more strictly against the party which itself or through its agents prepared same, it being
agreed that the agents of both parties have equally participated in the preparation of this Agreement.
28. Paragraph Headings
Title and paragraph headings are made solely for reference and are not a part of this
Agreement,
Page 10 of 17
29, Modification
No amendments or modifications to this Agreement shall be binding on any party hereto
unless in writing, signed by both parties and approved by the City Manager. The City Manager is
further authorized to make non -substantive amendments to such Agreement, as needed, with terms
and conditions more particularly set forth in the Agreement, subject to City Attorney approval.
30. Severability
Should any provisions, paragraphs, sentences, words or phrases contained in this Agreement
be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unlawful, such
provisions, paragraphs, sentences, words or phrases shall be deemed modified to the extent
necessary in order to conform with such laws, and the same may be deemed severable by the City,
and in such event, the remaining terms and conditions of this Agreement shall remain unmodified
and in full force and effect.
It is the express intent of the parties that this Agreement constitutes an Access Agreement
and.not a lease or sublease. To further this intent, the parties agree as follows: (i) if any provision of
this Agreement, or the application thereof to any circumstance, suggest that a lease, rather than an
Access Agreement, has been created, then such provision shall be interpreted in the Tight most
favorable to the creation of an Access Agreement and (ii) if any provision of this Agreement, or the
application thereof to any circumstance, is determined by a court of competent jurisdiction to have
created a lease rather than a Agreement, then such provision shall be stricken and, to the fullest
extent possible, the remaining provisions of this Agreement shall not be affected thereby and shall
continue to operate and remain in full force and effect.
31. Entire Agreement
This Agreement incorporates and includes all prior negotiations, correspondence,
conversations, agreements, and understandings applicable to the matters contained in this
Agreement. The parties agree that there are no commitments, agreements, or understandings
concerning the subject matter of this Agreement that are not contained in this Agreement or
otherwise referenced and incorporated herein, and that this Agreement contains the entire agreement
between the parties as to all matters contained herein. This agreement shall serve as an exhibit to
the Boat Show License Agreement incorporated herein, and shall serve to supplement the terms
contained therein. In the event of any conflict, the terms of the Boat Show License Agreement shall
govern.
[Signatures on Following Page]
Page 11 of 17
Each party has caused this Agreement to be executed by its duly authorized representatives.
CITY OF MIAMI, a municipal corporation
By:
Daniel J. Alfonso, City Manager
ATTEST:
Todd B. Hannon, City Clerk
APPROVED AS TO LEGAL FORM AND APPROVED AS TO INSURANCE
CORRECTNESS: REQUIREMENTS:
Victoria Mendez
City Attorney
RICICENBACKER MARINA, INC.
Ann -Marie Sharpe
Risk Management Director
Attest:
Signature of President Signature of Secretary
Printed Name Printed Name
USER: NATIONAL MARINE MANUFACTURER'S ASSOCIATION, INC.
Attest:
Signature of President Signature of Secretary
Printed Name Printed Name
Page 12 of 17
EXHIBIT A
3301 Rickenbacker Causeway Miami, FL 33149
(a/k/a Rickenbacker Marina Premises)
*This sketch serves to provide a general impression of the subject Premises. As such, sizes and demarcation
lines are subject to formal survey.
Page 13 of 17
EXHIBIT B
INSURANCE REQUIREMENTS
RICKENBACKER MARINA ACCESS AGREEMENT
Commercial General Liability (Primary and Non Contributory)
A. Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence $1,000,000
General Aggregate Limit $2,000,000
Products/Completed Operations $1,000,000
Personal and Advertising Injury $1,000,000
B. Endorsements Required
City of Miami listed as an additional insured
Contingent Liability & Contractual
Premises/Operations Liability
IL Business Automobile Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Combined Single Limit
Any Auto, Owned, or Scheduled Autos
Including FIired, Borrowed or Non -Owned Autos
Any One Accident $ 1,000,000
B. Endorsements Required
City of Miami listed as an additional insured
III. Worker's Compensation
Limits of Liability
Statutory -State of Florida
Waiver of subrogation
IV. Employer's Liability
A. 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
Page 14 of 17
V. Umbrella Policy (Excess Follow Form including liquor)
A. Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence $ 10,000,000
Aggregate $ 10,000,000
City of Miami listed as an additional insured
Excess Follow Form over all applicable liability policies herein contained
VI. Marine Operator's Legal Liability and
Protection and Indemnity Liability
City of Miami listed as an additional insured
VII. Excess Marine Operators Legal Liability and
Protection and Indemnity
Each Occurrence/Policy Aggregate
City of Miami listed as an additional insured
VIII. Liquor Liability
$1,000,000
$10,000,000
$1,000,000
IX. Hull and Machinery per declared value
The above policies shall provide the City of Miami with written notice of cancellation in accordance
with policy provisions.
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 Tess 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 policies and /or certificates of insurance are subject to review
and verification by Risk Management prior to insurance approval.
The City reserves the right to request copies of all insurance policies associated with this agreement,
including, but not limited to all policy endorsements, and any and all coverage information.
Page 15 of 17
First Last
Fernando Castellano
Eloy Roblejo
Jorge Hernandez
Guillermo Calveiro
Eisnel Garcia
Orestes Capote
Jason Romero
Adan Franco
Gardelber Medina
Gerardo Umana
Marvin Miranda
Yamik Garcia Jauregui
Fernando Castellano
Robert Ruiz
EXHIBIT C
RICKENBACKER MARINA PERSONNEL
TO BE HIRED BY USER
Page 16 of 17
EXHIBIT D
ACCESS TIMELINE
Notwithstanding any language to the contrary, NMMA will provide access to Rickenbacker Marina staff and
customers according to the following timeline:
2/5/16 Valet service and porter service, from valet point to dockage entrance, will commence.
Rickenbacker Marina shall furnish list of likely guests who are existing RMI customers
and parking permit holders. Further, Event Star will commence tenting within the
Rickenbacker Marina property, at which point customers and staff must remove vehicles
from the parking lot and use the valet and porter services available.
2/8/16 Dry storage operations will be shut down.
2/17/16 Dry storage operations will reopen. Tenting and equipment will be removed and parking
and full access for all Rickenbacker Marina staff and customers will also be restored.
Page 17 of 17
RICKENBACKER MARINA.
ACCESS AGREEMENT
THIS ACCESS AGREEMENT ("Agreement"), by and between the CITY OF MIAMI ("City");
RICK.ENBACKER MARINA, INC., a Lessee of certain. City -owned property ("Rickenbacker arina"); and
the NATIONAL MARINE MANUFACTURER'S ASSOCIATION, INC. ("NMMA") or ") either of
which may be used interehangeably; is effeotive as of the date this Agreement is fully exereed by all named
parties ("Effective Date"), and is entered into as follows:
Recitals
Wh.ereas, the City is the owner of real property along Rickenbacker Cans Way and Virginia Key.
Whereas, NMMA desires to utilize certain City -owned real profty, ourrerttly leased by
Rickenbacker Marina, in order to present to the public and operate the 201.6 i4ami Internationai Boat Show
("Boat Show"),
Whereas, the City and NMMA have entered. into a Revocable
NMMA to host and operate the Boat Show ("Boat Show License A
hereby incorporated by reference as iffully set forth herein.
Agreement in order to allow
lent"), the terms of which are
Whereas, the City, Rickenbacker Marina, and NMMA hav entered into this Agreement to allow
NMMA to utilize the property specified below for the purposes ai4duration indicated herein in furtherance
of its operation of the Boat Show,
Now therefore, for and in consideration of the mutua1,fromises and covenants set forth herein, the
parties hereby agree as follows:
1. Gran.t of Access
The City and Rickenbacker Marina gran to NMMA, its successors, employees, agents,
contractors and :invitees (oollectively "User"), te porary access rights, subject to the conditions and.
limitations contained. herein, as well as those c ntained within the Boat Show License Agreement
between the City and NMMA, a.nd solely for tl 6 purpose and term stated below, to use certain City -
owned. property currently leased by / Rickenbacker Marina, generallylocated at
3301 Rickenbacker Causeway Miami, FL 33/.49, and more specifically described in Exhibit A,
attached hereto ("Premises").
2. Purpose & Duration of Access
User, at its sole costand exp nse, including but not limited, to any increased costs in
insurance or utilities, is hereby ,authql.zed to utilize the Premises for the purpose of providing
parking, restrooms, exhibition space/ and. other ancillary uses, including, but not limited to,
installing and removing tents, pro.vid.' -tg demonstrations, and accessing and using utilities during the
Boat Show,
User will be authorized t use the Premises in the manner specified for a term that shall
include the five (5) days allocate .or the Boat Show, from February 11, 2016 to February 15, 2016
("Event"), as well as the twenty .e (21) days preceding the commencement of the Boat Show in.
order to set up and erect necessity equipment ("Set -Up"), and fourteen (14) days after the final date
of the Boat Show to remove anli take down equipment ("Tear -Down"), This term. shall be equal. to a
total of forty (40) days from January 21., 2016 to February 29, 201.6 ("Term").
Page 1 of 18
Non-Exolusive
User's right of access to the Premises is :not exclu.sive, The City, its successors, agents,
assigns and grantees shall have the right to use the Premises for all purposes as are permitted by
federal, state, and local statutes, laws, ordinances, codes, regulations and rules, or as determined by
the City, so long as such use does not interfere with User's rights hereunder or the rights enjoyed by
Rickenbacker Marina under its lease agreement with the City.
Rickenbacker Marina, its successors, agents, assigns, members, and grai ees shall not
access boats located. Oil the marina's dry slips .from February 8, 2016 until February .6, 2016 during
the Event, but shall retain the ability to have their boats removed during the Term.
Rickenbacker Marinamembers that use wet slips shall have access o valet and porter
service in the event on -site parking is not available. Valet parking, po:rter servine, and shuttle
service shall commence on February 3, 201.6.
At all. times during the Term, including during the Event, Rickel acker Marina shall use
best efforts, and shall :not unreasonably refuse, to continue operations of the marina's (1) fuel
station; and (2) stores and other retail. services on the Premises, and :shall allow the continued use of
the retail/restaurant sublease known as Whiskey joes. The services and wair station locatedon the
Premises shall continue to operate until February 8, 2016 and shall r9, ume operations on. February
1.6, 2016. In the event Rickenbacker Marina elects to operate the services and repair station. between.
February 8, 2016 and February 16, 2016, .Rickenbacker Marina/shall be required to maintain
insurance per the terms of its lease with City,
4. Access/Use Fee
User agrees to pay a fee for the User's use of the / remises ("Use Fee") to the City as
specified in and subject to the terms of the Boat Show Lic :Ise Agreement, which is incorporated
herein by reference, In addition to the aforementioned U. e Fee, User shall hire certain :specified
Rickenbacker Marina personnel during the Event, titer y placing suoh selected personnel on
NM.MA. payroll., A list indicating personnel to be h:ire ' is attached. hereto as Exhibit C. On or
before January 5, 2016, NMMA shall pay the sum of e Hundred. and Twenty Thousand Dollars
and No Cents ($120,000.00) ("Marina Use Fee") to Rii 'kenbaeker Marina as payment for NMMA's
use of the property as set forth herein. In addition anI on or before January 5, 201.6, NMMA shall
(T
.provide Rickenbacker Marina with a Ten no:us:and. ollar ($1.0,000.00) security deposit to be used
by Rickenbacker Marina as security for the strict cqwliance by NMMA of the terms and conditions
set forth in this Agreement. The security deposit/can also be used by Rickenbacker Marina as a
credit towards any revenue shortfall in fuel sales hd/or parts and service in excess of Ten Thousand
Dollars ($10,000.00).. Notwithstanding the foreOing, NMMA remains responsible for any amounts
that remain due and owing to Rickenbacker M :dna under this Agreement in excess of the security
deposit applied..
/
Rickenbacker Marina will agree to qi•edit back or reimburse NMMA out of the Marina Use
Fee any payroll amounts paid to the specifi6d. Rickenbacker Marina personnel. hired. by NMMA for
the Event. Final settlement of all applic Ole reimbursements or payments in accordance with this
section. shall be completed on or before March 8, 201.6.
User shall also provide to Ricyenbacker .:M.arina a total of six hundred (600) tickets to the
Boat Show, so that the same may be distributed among Rickenbacker Marina members, partners,
and other invitees,
Page 2 of 18
User and Rickenbacker Marina shall make its accounts available for review by the City at
all reasonable times, and shall maintain, those aeeounts in accordance with. generally accepted
accounting principl.es.
Condition, Maintenance, & Restoration.
User accepts the Premises "As Is", in its present condition and state of re, tr and without
any representation. by or on behalf of the City or Rickenbacker M.arina, and agree that neither the
City nor Rickenbacker Marina shall, under any eireum.stanee, be liable for any lat hi:, patent or other
defects in the Premises. During its use of the Premises, User, at its sole cost, /shall maintain the
Premises in good order and. repair at all times and in an attractive, dean, safe ai. sanitary condition
and shall suffer no waste or injury thereto, User shall be responsible for all rf airs to the Premises
required or mused. by User's use of any part thereof,
'User agrees to restore the Premises to the condition it was prior ti the Boat Show having
taken place, including, but not limited to, providing repairs for structural,/nechanical„ electrical, or
other damage to the Premises or any improvements or personal properly thereon, excluding any
ii! damage caused. by ordinary wear and tear typical in the operation of a/commercial marina. Such
ordinary wear and tear shall be defined. as the una.void.a.ble det rioration of the area and
improvements that result from the uses and. for the term permitted ,,herein, and shall not include
deterioration. that results from User's negligence, carelessness, accd�t or abuse of the premises, or
from User's noncompliance with the terms of this agreement.
User agrees to make all changes necessary to the Preniis at User's sole cost and. expense
in order to oomply with all City, County, State and Federa; requirements for User's use or
occupancy thereof. .Additionally, User agrees to maintain. the Wemises at its own cost and expense
in accordance and in compliance with the terms and mini .11S specified in Exhibit B, attached
hereto and made a part hereof.
6, Costs, Expenses & Fees
Notwithstanding any other term or provision her t is expressly understood and agreed by
User and Rickenbacker Marina that the City is not respo sible„ liable, or otherwise answerable to
pay any fee, charge, cost, expense, reimbursement or ther monetary compensation to User or
Rickenbacker Marina., or their respective agents, represe'. tatives, employees or eontractors for their
work or their services un.der this Agreement.
User shall. pay any and. all impositions, levies charges, fees, or assessments imposedupon
the Premises as a resu.lt of User's use of the Premiso and shall provide evidence of its ability and.
intent to pay for su.ch. assessments. In the event Us• r appeals a fee, User shall immediately notify
City of its intention to appeal said fee and shalijfurnish and keep in effect a surety bond of a
responsible and substantial surety company reason.' bly .acceptable to City in an amount sufficient to
pay one hundred percent of the contested:fee together with all interest, costs and expenses, including
reasonable attorneys' fees, expected to be incurred.
7. Vio1ations Liens & Secur.Interest.
User, at its sole expense and with due diligence and dispatch, shall secure the cancellation,
discharge, ,or bond off, in the manner permitted by law, all notices of violations arising from, or
otherwise in connected with, User's improvements, use, occupancy, or operations in the Premises
which shall be issued by any public authority having or asserting jurisdiction. User shall promptly
pay its contractors, subcontractors, and material -men for all work and labor done at User's request.
'Should any lien, claim, or encumbrance be asserted or filed, User shall bond against or discharge the
same regardless ofvalidity, within ten (10) calendar days of User's receipt of notice of the filing of
Page 3 of 18
said lien, claim, or encumbrance. In the event User fails to remove or bond against said lien or claim
in the full amount stated, the City without obligation to do so, may bond, settle, or otherwise remove
such. lien or claim and User shallpay the City upon demand. any amounts paid ou.t by City to
extinguish such claim or lien, including City's costs, expenses, and reasonable attorneys' fees.
User further agrees to hold City and Rickenbacker Marina harmless from and to indemnify
the City and Riokenbacker Marina against any and all claims, demands and, expenses of any
contractor, subcontractor, materiai person., laborer or any other third person with whom User has
contracted or otherwise is found liable, in respect to the Premises. Nothing contained in th's
Agreement shall be deemed, construed or interpreted. to imply any consent or Agreement on the .t
of City to subject .the City's. interest or estate to any liability under any mechanic's, labopers', tr'•
equitable or other lion asserted by any contractor, subcontractor, material person or supplier piainst
any part of the Premises or any of the improvements thereon. All contracts, suboontracts, plirchase
orders, or other Agreements involving the Premises shall provide for the waiver of any lien rights in
the Premises and provide that the contracting party agrees to be bound by such pro"vision. and
include the waiver provision in any sub Agreement.
8. Advertising
User shall not permit any signs, decoration, or advertisi.n.g matter to be plaoed either in the
interior or upon the exterior of the Premises without having first obtained the approval of
Rickeribacker Marina, and the Direetor of Real Estate and Asset Management VDirector") or his/her
designee; which approval may be withheld for any or no reason, at their sole discretion. If approved.
by Direotor, all such aiprovedadvertisements and signs must complyCopXynd City
Regulations. User must further obtain approval from all goven9 ntal authorities having
jurisdiction, and must comply with all applicable requirements set forth/in. the City of Miami Code
and Zoning Ordinance./
User shall, at its sole cost and expense, install, provide, maintain u.�'h sign, decoration, .advertising
matter or other things as may be permitted hereunder in good c ridition and repair at all thnes.
Upon the cancellation of this Agreement:, User shall, at its sole e�t and expense, remove any sign,
decoration, advertising matter or other thing permitted hereunc from the Premises. If any part of
the Premises is in any way damaged by the removal of such. ite., • , said damage shall be repaired. by
User at its sole cost and expense. Should User fail to repaipany damage caused to the Premises
within ten (10) days after receipt of written notice from the/City directing the required repairs, the
City shall cause the Premises to be repaired at the sole costiand expense of User. User shall pay the
City the full cost of such repairs within five (5) days of 6 eipt of an invoice indicating the cost of
such required repairs.
9. Representations and Warranties of User
a. Financially .solvent. User warrants that it/is financially solvent, is able to pay all •debts as
they mature and is possessed of sufficient working capital to complete the Use and perform
all obligations under this Agreement. /
b. Authorization, User has taken all action necessary for the approval and execution of this
agreement and has been duly authorized to 'cominit User to all terms and conditions of this
Access Agreement which shall constitute thevalid and binding obligations of User.
Compliance with laws. User hereby acknowledges that User's strict compliance with all
applicable federal, state and lo'cal ordinances, public agency permitting requirements
and regulatory approvals, and regulations is a condition of this Agreement, and the User
shall comply therewith as the same presently exist and as they may be amended hereafter.
Page 4 of 18
10. Diserimination
User shall not discriminate as to race, color, religion, sex, national origin, age, sexual
orientation, disability or marital status in connection with its occupancy and/or use of the Premises
and improvements thereon
11... Hazardous Materials.
The User shall, at its sole cost and expense, at all times, and in all respects, oomply with all
federal, state and local laws, statutes, ordinances and regulations, rules, rulings, policies, orders,
administrative actions and administrative orders ("Hzardous Materials Laws"), including, without
limitation, any Hazardous Material Laws relating to industrial hygiene, -environmental protection or
the use, storage, disposal or transportation of any flam.mable explosives, toxic substances or other
hazardous, contaminated or polluting materials, substances or wastes, including, without
any "Hazardous Substances", "Hazardous Wastes", "Hazardous Materials" or "Toxic .SubstAnoes,
under any such laws, ordinances or regulations (collectively "Hazardous Materials"). The User
shall, at its sole cost and expense, procure, maintain in. effect, and comply with all conditionof any.
and all permits, agreements and other governmental and regulatory approvals relating to the
presence ofHazardous Materials within, on, under or about the .Premises required for the 'User's use,
or storage of, any Hazardous Materials in or about the Premises in conformity with alyapplioable
Hazardous Materials Laws and prudent industry practicesregarding management of such Hazardous
Materials. Upon termination or expiration of this Agreement, the User shall, at its sole cost and.
expense, cause all .Hazardous Materials, including their storage devices, placed. in or about the
Premises by the User or at the User's direction, to be removed from the Premises and transported for
use, storage or disposal in accordance and compliance with all applicable Hazardous Materials
Laws, The City acknowledges that it is not the intent of this Article to prohibit the User from
operating in the Premises for the uses described in this Agreement, The User may operate according
to the custom of the industry so long as the use or presence of Hazardous Materials is -strictly and.
properly monitored according to, and in compliance with, all applicable governthental requirements.
The requirements ofthis Section of th.e Agreement shall survive the expiration ,or termination of this
Agreement.
12. Security
User acknowledges that at all times during the term of this A e nent, it shall maintain.
security measures appropriate to reasonably protect the Premises, includi .g the staffing of personnel
as may be reasonably necessary to safely operate.th.e Premises for the p irposes specified in Section
2 above, The foregoing security plan shall be provided to Rickenbac er Marina prior to the event
and afford Riekenbacker Marina a sufficient time to review same, U er must obtain Rickenbaoker
Marina's consent to the proposed security plan prior to the event, 1otwithstanding the foregoing,
Rickenbacker Marina's consent to any security plan will not he d. d to create any right or right
of aetion in suoh against Rickenbacker Marina,
13. Insurance Requirem.ents
Prior to User, its agents, employees, represen atives, contractors, sub -contractors,
consultants or anyone else directly or indirectly employ d by any of them entering upon the
Premises for the purpose of performing the permitted use • asA.efined herein, the User shall obtain
and maintain or cause to be obtained and maintained th oughout the term of this Agreement, the
types and amounts of insurance coverage set forth in vxhibit B, attached hereto and made a part
hereof, in such reasonable amounts as approved by the City's Risk Management Director protecting
the City, against all claims for personal injury, bo ily injury, property damage, and regulatory
actions by governmental agencies arising out of or elated to the activitiesundertaken by the User
upon the Premises and naming the City as an addi ional insured. All policies and/or certificates of
Page 5 0'
insurance are subject to review and verification by the City's Risk Management Department prior to
insurance approval, The City's Risk Management Department reserves the right to make reasonable
changes in the types and amounts of insurance coverage as neoes.sary and shall revise Exhibit B
accordingly.
Before commencement of the event, User shall furnish, in form and substance satisfactoiy
to all Parties, certified copies of the required policies, including, without limitation, all
endorsements thereto, or, if aoceptable to Rickenbacker Marina, in its sole discretion, certificates,
declarations pages and additional insured endorsements, from each insurance company showing qiat
the above insurance is in. force, stating policy nunibers, dates of expiration, and limits of liability
thereunder. The Indemnitees and other entities as may be reasonably requested shall be .namedns an
additional insured under these policies of insurance. It is expressly agreed and understood by and
between User and Rickenbacker Marina. that the insurance afforded the additional insureds .,Shall be
primary insurance and that any other insurance carried. by Rickenbacker Marina shall be exeess of
all other insurance carried by User and shall not contribute with User's. insurance. User further
agrees to provide endorsements on its insurance policies which shall state the foregoing; however,
User's failure to provide such endorsement or required insurance shall not affect User' S obligations
to provide the required insurance hereunder,
The User shall be responsible for assuring that the insurance certificates required under this
Premises remain in full force and. effect for the duration of this Agreement, including any extensions
hereof If insurance certificates are scheduled to expire during the term of this Agreement and any
extension hereof, User shall be responsible for submitting new or renewed insurance certificates to
the City's Risk Management Administrator at a minimum of ten (10) calendar days in. advance of
such expiration(s). In the event that expired .certificates are not replaced with new or renewed
_ certificates which cover the Occupancy and Use Period:
(i) the City shall suspend this Agreement until such. time as the new .or renewed certificate(s)
are received in acceptable form by the City's Risk Management Diieotor; or
(:ii) the City may, at its sole discretion, terminate the Agreement for/Luse and. seek appropriate
remedies in conjunction with the violation of the terms and conditions of this Agreement. .
Complianee with the foregoing insurance requirements shall. :n9t relieve User of its liabilities
and -obligations under this Agreement. User shall require as weir its construction contraetors,
subcontractors, and vendors for the Project that come onto the PremOes to furnish the User and the
City, evidence of the following insuranee coverage, unless this requirement is waived in writing by
the City Manager. The User's failure to require third parties to pure insurance shall in no way
release the User from its obligations and. responsibilities as provid. Id., Failure to require third parties
to procure insurance required by this Section shall constitute a cat .'e- for default of this Agreement,
If it can be determined that any loss or part thereof, sl. I. be the fault of a third party (Le, a
-contractor or contractors, visitors to the building or any oth r person, persons or organizations)
except the City, then and in that event, the User may take all necessary actions to cause such third
party to pay such costs and. the User shall be responsible f r the restoration of any and all losses
incurred by the third party. In no event shall the City or Ri kenbacker Marina be liable for damage
caused to the Premises or Properties by fire or other casua ty. If no third party or parties are found.
liable, or if a third party is found liable but is unable to p: y damages, then the costs of such repairs
shall be ascribed to the User.
1.4, Assumption of Risk/Waiver of Consequential Daina
User acknowledges and agrees that by Use �f the premises, '-User assumes all risk of loss
or damage to property, including, without liinitatij6n, loss or damage occasioned as a result of
Page 6 of
power outages or loss of any utilities, caused by the act of God, and all risk of personal injury,
including but not limited to death. In n.o event shall the City or Rickenbaeker :Marina. be liable or
responsible for injury, loss or damage to the property, improvements, fixtures and/or equipment
belonging to or rented by User, its offieers, agents, employees, invitees or patrons occurring in or
about the Prernises that may be stolen, destroyed, or in any way damaged, including, without
limitation, fire, flood, steam, electricity, gas, water, rain, vandalism or theft which may leak or
flow from or into any part of the Premises, or from the breakage, leakage, obstruction or other
defects of the pipes, sprinklers, wires, applianees, plumbing, air conditioning or lighting fixtures of
the Prernises, or from hurricane or any ad of God or any act of negligence of any user of the
facilities or oecupants of the Premises or any person whomsoever whether such damage or inju
results from conditions arising upon the Premises or from other sources. Notwithstanding
above, this assumption of :risk shall not apply to the marina itself, which :is used in the n9hna.1
operation of Rick.enbacker Marina, so long as it is not also used by NMMA. •
• Notwithstanding anything to the contrary contained in this Agreement or proyided for
under any applicable Law, Rickenbacker Marina shall not be liable to User, either .in .contract or in.
tort, for any .eonsequential, incidental, indirect, special or punitive damages of 'User, inAudin.g any
loss of future revenue, or income or profits, or any diminution of value or multiples of earnings.
damages relating to the breach or alleged. breach hereof, whether or not the possibility of such
damages has been disclosed to the other party in advance or could have been reasonably foreseen.
by such other party.
15, Indemnification & Hold Harmless
The 'User shall. indemnify, hold harmless and defend Riekenbacker Marina, their officers,
directors, employees, agents, shareholders and members, the City, its officers, employees, agents
and servants (colleetively, the "Indemnitees'") from and against all claims, damages or losses,
including attorney's fees, incurred to the Prernises or to anyone on the Premises as a result of the
actions or omissi.ons taken by the User or in connection with User's use of the property, any of its
agents, employees, .contractors, sub-contraetors, consultants, or any other third person .performing
an its behalf. The duty of User to indemnify and hold harmless the Indemnitees identified herein,
includes the separate. and independent duty to defend the Indemnitees, which duty arises
immediately upon receipt by User of the tender of any indem.nity claim from an Jndeinuitee. User's
obligation to defend the Indemnitee(s) shall. be at User's sole expense. User shall respond within
fifteen (15) calendar days to the tender of any indemnity claim. for defense and/or indemnity by an
Indomnitee, unless the Indemnitee agrees in writing to an extensionof this time. The defense
provided to the Indemnitees by User shall be by well -qualified, adeqhately-insured, and experienced
legal eounsel chosen by the Indemnitees.
User hereby voluntarily and knowingly waives any and al.l. claims against Rickenbacker
Marina and the City for personal injury or property damagelsustained by the User, its agents,
employees, contractors, sub -contractors or consultants arising out of or related to the activities.
undertaken by the User, its agents, employees, eontractors, sui -contraetors, or consultants upon the
Premises or in connection with. the Work and releases Rick ithacker Marina and the City for any
c
claims in connection therewith. User acknowledges that as 'awful consideration for being granted
the right to utilize and occupy the Prernises, User, on be alf of himself, his agents, invitees and
employees, does hereby release from any legal liability R. kenbacker Marina, the City, its officers,
agents and employees, from any and all claims for injury, death or property damage resulting from
User's use of the Premises. The foregoing release 111. not apply where the injury, death, or
property damage is the result of gross negligence or iilfui misconduct on the part of the City or
RiekenbaCker Marina.
Page 7 of S
16. Attorney's Fees
In the event it becomes neeessa.ry for the City to institute legal. proeeedings to enforce or
interpret the indemnification provisions contained herein; User shall pay the City's court costs and.
attorney's foes through all trial and appellate levels, including the court costs and attorney's .fees
associated with enforcing the indemnification provisions.
'User acknowledges that Florida law provides for mutuality of attorney's fees as a remedy in
contract cases and specificallyand irrevocable waives its right to collect attorney's fees from the
City under applicable laws, including speoifically, but not limited to Section 57,1,05, Florida
Statutes. It is the express intent of the parties hereto that in no event will the City be required to,pay
'USer's aftorney's fees and eourt costs for any action arising out of this Agreement. In the even, i that
User's waiver under this section is found to be invalid, then User agrees that the City's liability for
User's attorney's fees and court costs shall not exceed. the sum of $1.00..00. In the event that the
waiver and limitations contained herein are found to be invalid, or are otherwise not uph.eld,then the
provisions of this Section shall become null and void and each party shall be responsible for its own
attorney's fees and costs.
Except in eases specified above, where the City must bring an action to /enforce the
indemnification provisions contained herein, in which case the City shall. be able tO recover its
reasonable attorney's fees, each party shall bear their own respective attorney's fees. •
17, Default by User
In the event User is in default of any of the terms of this Agreement, the City shall have all
remedies available to it at law or in equity. If, at the sole and complete discretion of the City
Manager, User in any manner violates the restrictions and conditions of this A.greem.ent, then, and in
such event, after five (5) calendar days written notice given to User by the City Manager within
which to cease such. violation or correct such deficiencies, and. upon failure of User to do so after
such written. notice within. said five (5) day period, this Agreement shall be automatically canceled
without the need for further action by the City.
1.8. Cancellatio•n.
Either NMMA. or the City may cancel this A.greem.ent pursuant to the cancellation
procedures specified in the Boat Show License Agreement, Neither NMMA n.or the City shall. have
any recourse against the other for a cancellation effectuated purs(ant to this Section, as it is
understood and agreed that this cancellation is for convenience, with in cause and without recourse.
A cancellation of the Boat Show License .Agreement 4ii automatically effectuate the
cancellation of this Agreement. No party to this Agreement will have any recourse against another
due to such cancellation.
19. Surrender of Premises
In event of cancellation, or at the expiration of
surrender the Premises in good condition. and repair
installation, additions and improvements which may hav
Premises. Upon surrender, User shall promptly remove
equipment and User shall repair any damage to the Pre
repair any damage caused to the Premises within ten (1.
City directing the required repairs, City shall cause the
expense of User. User shall pay to the City the full cos
of receipt of an invoice indicating the cost of such req
Page 8 of 18
t iis Agreem.ent, User shall. peacefully
./Ogether with all alterations, fixtures,
been made in or attached on or to the
1 its personal property, trade fixtures and.
es caused thereby. Should User fail to
) days after receipt of written notice from
rises to be repaired at the sole cost and,
repairs within five (5) calendar days
ured repairs. At the City's option, City may
24. No Waiver
require User, at Userssole cost and expense, to restore the Premises to a condition aoceptable to the
City.
in the event User fails to remove its personal property, equipment and fixtures from the
Premises within the time limit set by the notice, said property shall be deemed abandoned and
thereupon shall become the sole personal. property of the City. The City, at its sole discretion and
without liability, may remove and/or dispose of same as the City sees fit, all at User's sole cost and
expense.
20. Joint Effect of Agreement
Nothing contained in this A.greernent shall. constitute or be construed to ereate a partnership
or joint venture between the User and City or Rickenbaoker Marina or to m.akq: City or
Riekenbaeker Marina jointly liable with the 'User for any obligation arising out of the activities and
services contemplated by this Agreement. User's relationship with the City and Itikenbacker
Marina in the performance of this A.greernent is that of an :independent contractor. All persons
performing services which are to be performed by User under this A.greernent shall at/afl times be
under User's exclusive direction and oontrol and shall he employees or agents of 1Jser and not
employees or representatives of the City or Rickenbaek.er Marina.
21. Governing law & Von
This Agreement shall be governed by and construed in accordance with. the laws of the State
of Florida. regardless of any conflict of law or other rules which would require the aPplication of the
laws of another jurisdiction. Venue shall. be in Miami- Dade County.
22. Waiver of Jury Trial
The parties hereby knowingly, irrevocably, voluntarily and intentionally waive any right
either may have to a trial by jury in respect of any action, proceeding or counterclaim based on this
Agreement, or arising out of, under or :in oonnection with this Agreement. or any amendment or
modification of this Agreement, or any other Agreement executed by and:. between the parties in
connection with this Agreement, or any course of conduct, course of dealing, statements (whether
verbal or written) or actions of any party hereto. This waiver of jury trial provision is a material
inducement for the City, Rickenbaeker Marina, an.d User entering into the subject transaction.
23. Non -A si n
User may not assign .or transfer any rights or remedies contained. in this Agreement or any
portion of any privilege of occupancy and/or u.se granted by this A,greement. Notwithstanding the
terms of this Section, NMMA may, at its sole discretion, enteinto a separate agreement with
Specialty Restaurants Corporation whereby Specialty RestaUrants Corporation serves as a
concessionaire during the Boat Show, and thereby gains access tb the Premises described herein.
Any failure by the City at any time, or from time t/ time, to enforce and require the strict
keeping and performance of any of the terms or condition of this Agreement .shall not constitute a
waiver of any such terms or conditions at any future ti ne and shall not prevent the City from
insisting on the strict keeping and performance of such )terms or conditions at any later time. No
waiver of any right hereunder shall be effective unless o. herwise specified in writing and signed by
the City.
Page 9 of 18
25. Public Records
User understands that the :public shall have access to City contracts and all documents,
records and reports maintained. by the City which are generated pursuant to this .A.greeinent,
accordance with the provisions of Chapter 11.9, Florida Statutes, as amended.
26. Notices
All notices or other :eommunieations which may be given pursuant to this Agreement shall
be in writing and shall be deemed properly served if delivered by personal service or by certified
mail addressed. to the City and the User at the address indicated herein or as the same may be
changed from time to time. Such notice shall be deemed given on the day on which personally
served; or if by certified mail, on the fifth (5-t1) day after being posted or the date of actua/ receipt,
whichever is eariier:
CITY OF MIAMI
City of Mia.m.i.
Office of the City Manager
444 SW 2 .Avenue, 10111 Floor
Miami, FL 33130
WITH A COPY TO
City of Miami
Dept. of R.eal. Estate & Asset Management
444 SW 2nd Avenue, Suite 325
Miami., FL 33130
And
City of Miami
Office of the City Attorney
444 :SW 2 Avenue, Suite 945
Miami, FL 331.30
27. Interpretation
/
/
USER /
National Marine Manufacturer's .AssoOation
9050 Pines Boulevard.
/
Pembroke Pines, FL 33024 , .
Attn: Cathy Rick -joule ,/
,
RICKENBACKER MARINA
Riekenbacker Marina, Inc:'
3301. Rickenbacker Causeway
Key Biscayne, FL 33149/
Attn: .Aabad R. Melwani, President
/
/
/
.
i
This Agreement is the result of negotiations between the p0. ties and has been typed/printed
by one party for the convenience of all parties hereto. Should. he provisions of this .Agreement
require judicial or a.rbitral interpretation, :it is agreed that the judi. tal or arbitral body interpreting or
construing the same shall not apply the assumption that the I: rms h.ereof shall be more strictly
construedagainst one party by reason of the rule of constOction that an instrument is to be
construed more strictly against the party which itself or throu4,h its agents prepared same, it being
agreed that the agents of both parties have equally participate/in the preparation of this A.greement.
28. Pa graph Headings
Title and paragraph headings are made solely or roferenoe and are not a part of this
Agreement.
29. Modification
No amendments or modifi.cations to this Ageemeiit shall be binding on any party hereto
unless in writing, signed. by both parties and approv d by the City Manager. The City Manager .is
Page 10 of 1;
further authorized to make non -substantive amendments to such Agroem.ent, as needed, with terms
and conditions more particularly set forth in the A.greement, subject to City Attorneyapproval,
30. Seyerbllitv
o
Should. any provisions, paragraphs, sentences, words or phrases contained. in this Agreement
be determined by a eourt of competent jurisdiction. to be invalid, illegal or otherwise unlawful, such
provisions, paragraphs, sentences, words or phrases shall be deemed modified to the extent
necessary in order to conform with such. laws, and the same may be deemed severable by the City,
and in such. event, the remaining terms and conditions of this Agreement shall remain. •unmodified
and in full force and effect.
It :is the express intent of the parties that this Agreement constitutes an Aces Agreement
and not a lease or sublease. To further this intent, the parties agree as follows: (i) if any provision of
this Agreement, or the application thereof to any circumstance, suggest that a lease, rather than an
Aecess Agreement, has been created, then such provision shall be interpreted i;t1 the light most
favorable to the creation of an Access Agreement and (i i) if any provision of this ,Agreement, or the
application thereof to any eircumstanee, is determined by a court of competent prisdiction to have
ereateda lease rather than a Agreement, then such provision shall. be stricken and, to the fullest
extent possible, the remaining provisions of this Agreement shall not be affected thereby and shall
continue to operate and remainin full force and effect.
31. Entire Agreement
This Agreement ineorporates and includes all prior negotiations, correspondenoe,
conversations, agreements, and understandings applicable to the inatters contained in this
Agreement. The parties agree that there are no commitments, agreements, or understanding
concerning the subject matter of this Agreement that are not contained in this Agreement or
otherwise referenced and incorporated herein, and that this Agreement contains the entire agreement
between. the parties as to all matters contained. herein. This agreement shall. serve as an exhibit to
the 'Boat Show License Agreement incorporated 'herein, and shall serve to supplement the terms
contained, therein. in the event of any conflict, the terms ofthe Bbat Show License Agreement shall
govern.
•
[Signatures an n IPage]
Page 11 of 18
Each party has caused this Agreement to be executed by its duly authorized representatives.
CITY OF MIAMI, a municipal corporation
By:
Daniel J. Alfonso, City Manager
ATTEST:
Todd B Hannon City Clerk
APPROVED AS TO LEGAL FORM AND APPROVED AS To, INSURANCE
CORRECTNESS: REQUIREMENTS:
• Victoria Mendez
City .Attorney
RICK.ENBA.CKER MARINA, INC.
Ann -Marie Sharpe
Ris.k Management Director
Attest:
Signature of President Signature of Secretary
Printed Name
Printed. Name
USER: NATIONAL MARINE MANUFACTURER'S ASSOCIATION, INC.
Attest:
S ignature of President - Signature of Secretary
Printed Name Printed Name
Page 12 of 18
EXHIBIT A
3301 Rickenbacker Causeway 4ui FL 33149
(a/k/a Riekenbacker Marina Premises)
*This sk toll serves to provide a generalII press o 'abject Premises. As such, sizes and demarcation
lines are subject to formal survey,
Page 13 of 18
EXHIBIT 13
INSURANCE REQUIREMENTS
RICKENBACKER MARINA ACCESS AGREEMENT
1. Commercial General Liability (Primary and Non Contributory)
A. Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence $1,000,000
General Aggregate Limit $2,000,000
Products/Completed.Operations .$1,000,000
Personal and Advertising Injury $1,000,000
13. Endorsements Required
City :of Miami listed as an additional insured
Contingent Liability & Contractual
Premises/Operations Liability
11. Business Automobile Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
CoMbined Single Limit
Any Auto, Owned, or 'Scheduled Autos
Including Hired, Borrowed or Non -Owned Autos
Any One Accident $ 1,000,00
B. Endorsements Required
City of Miami listed as an additional insured
111. Worker's Compensation
Limits of Liability
Statutory -State of Florida
Waiver of subrogation
IV, Employer's Liability
A. Limits of Liability
$1,000,000 for bodily injury caused by an acoid nt, each accident.
$1,000,000 for bodily injury caused by disease‘ each employee
$1,000,000 for bodily injury mused by disease, policy limit
Page 14 of 18
V. th bre1h Policy (Excess Follow Form handing liquor)
A. Limits .of Liability
Bodily Injury and Property Damage Liability
Ea.ch. Occurrence $ 1..0,000,000
Aggregate $ 10,000,000
City of Miami listed. as an additional insured.
Excess Follow Form over all applicable liability policies herein contained
V.I. Marine Operator's Legal Liability and
Protection and Indemnity Liability
City of Miami listed as an additional insured
VII. Excess Marine Operators Legal Liability and
Protection and Indemnity
Each Occurrence/Policy Aggregate
City of Miami listed as an additional insured
VIII. Liquor Liability
IX, Hull and Machinery
$1,000,000
$10,000,000
$1,000,000
per declared value
The above policies shall provide the City of Miami with written notice of cance ' a or eeordance
with policy provisions.
•
Companies authorized to do business in the State of 'Florida, with the following q; alifications, shall issue all
insurance .policies required above:
The company must be rated no less than "A-" as to management, and lo less than. "Class V" as to
Financial Strength, by the latest edition of :Best's Insurance Guide, pubiis11ed by A.M. Best Company,
Oldwick, New Jersey, or its equivalent. All policies and /or certificates of it surance are subject to review
and verification by Risk Management prior to insurance approval,
The City reserves the right to request copies ofail insurance policie associated with this agreement,
including, but not limited to all. policy endorsements, and any and all coverage information,
Page 15 of 18
EXHIBIT C
RICICENBACKER MARINA PERSONNEL
TO BE HIRED BY USER
[List on Following Page]
Page, of 18
CI sat 3120 RiCKEM3ACKER
Payroll 03: 31200023
:Pay DaW 05/08/15
Pqriod:
Regular n
ADAMS, IDA S. 40,0000 0.0000 0.0000 '500.00
ARMENDARIZ, LESLIE
ARRITOIA, JAVIER
BOLANOS., CARIDAD 1.
CASARES, MIOHELLE M
CORREA, EUGENIO
MOREJON, BRIAN A
QUINT°, EESSY
UMANA, GERARDO J
_
ria-twow if-;" 7„,gmn
OAINEIRO, JOSE 24,0000
C AsTe 'JANOS, EER NAN1 24.0000
OakIthilo, Lazaro
DIAZ, HUMBERTO C
HERNANDEZ, JORGE Y
MOLINA, ARIEL 0
More.no 3 /vele, Jonathar
ROBLEJO PAZ, ELOY
I9P1
BRIT° GARCIA, EISNEL 40.0000
CAPOTE HERNANDEZ, Of 40,0000
ROMERO, JASON 40.0000
10,0000
8.0000
24.0000
24,0000
10.0000
12.0000 0,0000
2.0000 0:0000
24,0000 0,0000
24.0000 0.0000
m.orxio 0.0000
40,0000 0.0000 0.0000
40,0000 0,0030 0.0000
40.0000 0.0000 0.0000
10.0000 0.0000 0,0000
40.0000 0.0000 0.0000
10.0000 0.0000 0.0000
40.0000 0.0000 0,0000
20,0000 0.0000 0,0000
0.0 O. Do, 0.0000
0.0000
4.0000 0,00:00
0.0000 0.0000
2.0000 0.0000
0,0000 0.0000
0.0000 0,0000
0.0000 0.0000
0,0000
DIAZ, HUMBERTO 0 32,0000
RODRIGUEZ MARIA H 40.0000
72.0000
V.EikdrLigk.--6:elkBIZE-j"taiA'
FRANOO,AOANO 0,0000
MEDINA, GARDELDER 40,0000
To 40.0000
(MINER°, JO$8.' 16.0000
CA$),TELLANC18, FERNANI 16.0090
GARCIA JAUREGUI, YAMI 40,0000
HERNAND62, JORGE Y 18,0000
PAYROLL COST RECAP
AMMIWIRAIRMAVAIMIUMIMMAMPliaKK
Nat FICA FLJTA utaMod Cwnp EJE Paid Rettraed Al
eenatita 1:30ttuetiaa
r--!r.------,------=i.--`;•.----"--,,,=---;-------=-7•.1-7:7'...t7Z.::',.---.:',::;M:tgsW -1-.71:4-1-777-17,7-=.51.-,z•-:..;--,n!
428,20 36.25 1:08
500.00 420.25 35.25
2,00200 1,788.35 199.05 1.20.77
1,100.00 009.72 84.15 / 2.37
1 moo 152.03 13,77 1,08 7.11 / 0.39
1,435.21 1,176.37 108,03 / 07,63
140,00 113,21 10.71 6.82
2,000.00 1,400,96 153.00
4;42 230.00 182.87 17.59 1 1,21
8 6137 21 8579.71 660.80 1.08 7 221 57
0.0000
24.0000 0,0000
10.0000 0.0000
24.0400 0,0000
.oupo apoofq_
2138,00 250.76
324.00 247.26
100,00 92.06
121 00 97.82
2'42.00 198.75
288.00 212.54
100.00 50.95
120.00 90.53
,...15_9310, 1, a7,94.44 17
----
1,202.00 855.81
'1,2511.00
1,037.00
352.00
1,0E647
700.37
41,0
28 .05
22.04
24.79
7.65
9.27
19.27
22,04
7.65
9,16
3
05,93
70,23
274 00. ,
0.60
0.60
3.00
-49,21
-49.21
-98.42
14.03
15.78
4.67
5.36
12.28
14,03
4.67
5 85
7.90 Os
-15,64
ES 01
51,45
44,73
07257,
.1715 •
'1,084 00 776.41 81,40 43.65 -49,21
1,41692, 1 059.06 10 3^
. u 143.40 13.77 . 5.05
706.00 003.36 55.14 31.18
940.90 4 01.0 .2 7 1 9" 37.03
-/4--, :,--;.-55;„--,-,--Ti. -_=,.4
1-4-;•"-- ;VI:,.÷:::::_,-..--b: “ , -
624.00 543.38 47.''2 23.38
702.00 5'35.70 570 20.31
764.00 %le, 72 5.88 33,91
646.00 430.65 41,7111 20.47
24.0000 0.0000
24.0000 0.0000
6.0000 0.0000
24,0000 0,0000
40.0000
CIent 3120 RCKEN5AC.KEF MARINA, INC.
Payroll ID: 31200023
Pay Date: 05/08/15
led: 05/02115 On 05 0
eteeleleeeeeeete
re
Regular Qvrtms Other Wages
MOLINA, ARIEL 0
ROBLE,10 PAZ, E.LOY
RUIZ, JOSE R
Tr I
16,0000 24.0000 0,0000 524,00
20.0000 2.4,0000 0.0000 040.00
40,0000 0.0000 0.0000 1,470.00
##$ # 41 AA
7
PAYROLL .COST RECAP
450.5
630.33
1,191.13
47,
43,96
112.46
E14'' OW
. - -
Velderram, Jorge D 32,0000 0.0140 0.0000 384.00 324.00 29.35 2,30 15.17
tg-z-AmPATIONVAlatiwka
trIllo, nno 7.0000
LEOI, PAOLO
MIRAt•IDA, MARVIN J
Moreno De Ayala, Jonathar
ROBINSON, CARLOS
UMANA, GERARDO J
40.0000
40,0000
30,0000
40.0000
0.0000
0.0000
0.0000
0,0000
20.5000 0,0000 919.75
15,0000 0.0000 268.75
MORE,ION, BRIAN A so.0000
PEREZ, ROLANDO JR
UMANA, GERARDO J 20.0000
90
DIAZ, DIAZ, HUMBERTO C 0,0000
IvIONTES, EVELYN C 40,0000
4a1
DIAZ, LUIS F.
FRANCO, ADAN 0
LQF'SZ,
MARTINEZ, CARLOS A
RAMOS, ALEXANDER .1
Rsport Total
40.0000
40.0000
40,0000
40.00N
40,0000
200,0000
70.00 $4.4$
535,00 429,32
1,242,50 028.77
330.00 267.15
711.40
205,73
0.42 2,76
40.93 3.21 21.1
96,05
25.25 1,98
70.36
19,79
10,0000 0.0000 630.00 50542 48,20
19,0090 0.0000 1,108.75 865.16 91,70
0,0000 0.0000 230.00 152.85 17,60
_,2?;,ppo 2,058.75 j.„05L4,_ 157
22.0000 0,0000 363.00 292.52 27.76
14.0000 0.0000 610,00 487.33 46.67
26.0000
0.0000 1,060.80 829.42 81 56
0,11000 0,0000
0.0000 0.0000
15.0060
0.0000
41,0009
0,0000
0.0000
0.0000
480,00
735.0.0
1,26040
1,235.00
4,799.50
332.65
636.46
972,26
936.36
3,767,06
05 72
56.46
95,6,3
98 77
367.16
4rtw 0..201rMaltAr.14.11.1..E.VEMISMI
e
p Et Pail Roturnad
23.3672
•
3.41
23.97
4.45
15,69
38.31
8.40
-33.07
50,30
11.21
49.21
11.79
26,51
38.1
43,41 -49.21
23.39
35.
53.60
61.63
217.99
-49.21
1416.0000 436,0000 0,0090 41,130,45 39,867.27 3,144.24 ,.; 19.10 07,19 1,260.95 -462,71
8/24/2015
Detail by Entity Name
LOfDA DEPARTMT OF TietT
Detail {ry Entity =%a e
Florida Limited Liability Company
CORAL WAY HOMES, LLC
Filing Information
Document Number L06000103439
FEI/EIN Number APPLIED FOR
Date Filed 10/24/2006
State FL
Status INACTIVE
Last Event ADMIN DISSOLUTION FOR ANNUAL REPORT
Event Date Filed 09/24/2010
Event Effective Date NONE
Principal Address
2731 S.W. 140 AVENUE
MIAMI, FL 33175
Changed: 03/25/2009
Mailing Address
2731 S.W. 140 AVENUE
MIAMI, FL 33175
Changed: 03/25/2009
Registered Agent Name & Address
QUINONES, ANTONIO
2731 SW 140 AVENUE
MIAMI, FL 33175
Name Changed: 03/02/2009
Address Changed: 03/02/2009
Authorized Person(s) Detail
Name & Address
Title MGRM
QUINONES, ANTONIO
2731 S.W. 140 AVENUE
MIAMI, FL 33175
http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inq uirytype=EntityN ame&directionType=1 nitial&searchNameOrder=CORALWA, .. 1/2