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Exhibit SUB
BOAT SHOW AGREEMENT MIAMARINA AT BAYSIDE This Agreement is entered into this day of , 201 by and between the City of Miami, a municipal corporation of the State of Florida ("City") and NMMA Boat Shows, Inc., a Delaware not -for profit corporation (User"). RECITALS In consideration of the mutual covenants and promises herein contained, the City hereby grants to User the right, privilege and permission to use the dockage space at Piers 1, 2, 3, and 4, excluding four (4) slips currently occupied, at the municipal facility of the City known as Miamarina at Bayside (the "Facility"), on a transient basis, for the Permitted Use and during the Use Period, as the terms are hereinafter defined, subject the terms and conditions set forth in this Agreement. 1. TERM: The term of this Agreement shall commence upon full execution hereof and shall terminate upon fulfillment of all the responsibilities and obligations of the parties hereunder. 2. PERMITTED USE: User shall be permitted to use the Facilities for the purpose of presenting a Boat Show (the "Event") during the Use Period and for no other purpose. 3. USE PERIOD: The Use Period shall, which includes set-up and dismantle, shall commence at 7:00 a.m. on the sixth (6t1i) day of February, 2016 and shall end at 5:00 p.m. on the seventeenth (17t1i) day of February, 2016. 4. USE FEE: The Use Fee shall be the sum total of the Dockage Charges and the Additional Charges. The Dockage Charges shall be computed at the rate of $1.69 per linear foot per day and is estimated to be $11,209.77 per day, for a total of $134,517.24 (based on 6,633 linear feet times twelve days). The Dockage Charges includes, light for ordinary use, water for reasonable purposes and janitorial and restroom supplies, and nothing else. The Additional Charges consist of any amounts due for additional services, accommodations, materials or equipment furnished to the User, and all other amounts due in connection with the Permitted Use. Additionally, User shall pay all applicable taxes, including State of Florida Sales and Rental Taxes. 5. PAYMENT OF USE FEE: User agrees to pay to the City the Use Fee as follows: A. Reservation Deposit: Upon execution of this Agreement, User shall pay to the City the sum of $67,258.62, plus $4,708.10 sales tax (or 7.0% of charges), for a total of $71,966.72 as Reservation Deposit. The Reservation Deposit shall be non-refundable, except where the Event is canceled as a result of Force Majeure under Section 15 below, The Reservation Deposit shall be applied toward the payment of the Use Fee. B. Dockage Charges and taxes: The balance of the Dockage Fee, in the sum of $67,258.62, together with the State of Florida sales tax, at $4,708.10 (or 7.0% of charges), for a total of $71,966.72 shall be paid on or before February 6th, 2016. C. Additional Charges: Payment of Additional Charges shall be made upon demand. 6. OTHER PAYMENTS: User acknowledges that that the City is relocating its permanent dockage customers during the Use Period in order to allow the User exclusive use of the Facility during that time. Therefore, in addition to the foregoing, User agrees to pay the City a sum equal to two (2) weeks dockage fees for all relocated customers of record as of January 10, 2016, This amount is currently estimated to be $14,000.00 but the exact amount will be determined on January 10, 2016. 7. EVENT PERSONNEL, UTILITIES AND SUPPLIES: Except as otherwise specifically provided, User shall be responsible for the staffing of the Event and shall pay for all utilities, supplies or other services, expect those which are furnished by the City and are included in the Dockage Charges, as specifically provided under Section 4 above. User shall consult with the City to ensure that the Event shall be properly staffed and that staffing levels and security staffing are adequate to handle attending crowds. All event personnel engaged or hired by the User shall be paid a minimum hourly wage of $15.00 per hour. User will use its best good faith efforts, and document such efforts , with subcontractors to have them comply with the minimum hourly wage of $15.00 per hour for their hires; providing that union rates applicable to unionized employees will apply to those hires. 8. CONDITION OF FACILITY: A. This Agreement is only for the use of dockage space on a transient basis and the City disclaims all warranty, and makes no representation of any kind, as to the condition of the piers, walks, gangways, ramps, or any other portion of the Facility, except that the piers and docks are in "good condition." Prior to the execution of this Agreement, User has inspected the Facility and 2 accepts it in "as -is" condition. B. User agrees to surrender the Facility to the City properly cleaned and in the same condition existing upon User's acceptance. If the Facility is not properly cleaned to the City's satisfaction, then the City shall have the right to invoice the User for such additional cleaning. The cost of additional cleaning, as well as the cost of damage repairs, or any repairs necessitated as a result of the use of the Facility by User, shall be paid by User upon demand. C. The City shall have the right to remove from the Facility, at User's cost and expense, any effects remaining therein or on the grounds of the Facility at the end of the Use Period. Alternatively, the City may charge the User for storage,at a rate equal to the lowest use rate, per day, for each day or part of a day that said effects remain in or on the grounds of the Facility. All amounts due by User under this Section shall be paid by User upon demand. D. The City shall have the right to enter upon the Facility at any time during the Use Period as it deems necessary. 9. RISK OF LOSS: User understands and agrees that the City shall not be liable for the care, protection, security, loss or damage relating to any vessel, her appurtenances or contents, nor for any loss, injury or damage to any property or equipment brought into the Facility by User or by any other person in connection with the use of the Facility by User. All personal property placed or moved in the Facility shall be at the risk of User or the owner thereof. User further agrees that it shall be responsible to provide all security during the Use Period, whether or not the Facility is open to the general public. 10. COMPLIANCE WITH APPLICABLE LAWS: User agrees to obtain all required licenses and permits and to abide by and comply with all applicable laws, rules, regulations, codes and ordinances in the use of the Facility and/or presentation of the Event. 11. RULES AND REGULATIONS FOR THE FACILITY: By execution of this Agreement, User acknowledges that it has received and fully understands the "Marinas Facilities Rules and Regulations" which has been furnished to User prior to the execution hereof. User hereby represent and warrants to the City that User shall abide by each, and shall not permit the violation of any, rule and regulation set out therein. 3 12. INDEMNIFICATION: User shall indemnify, covenant not to sue, defend and hold harmless the City and its officials, employees and agents (collectively referred to as "Indemnities"), from and against all loss, costs, penalties, fines, damages, claims, expenses (including attorney fees) or liabilities (collectively referred to as "Liabilities") by reason of any injury to or death of any person or damage to or destruction or loss of any property arising out of, resulting from, or in connection with (i)the use of the Facility, whether caused directly or indirectly, in whole or in part (whether joint, concurrent or contributing), by any act, omission, default, negligence (whether active or passive), recklessness or intentional wrongful misconduct of any Indemnities, User or any of Users guests, invitees, employees, agents or subcontractors, or (ii) by the failure of User to comply with any of the provisions hereof, specially User's obligation to comply with all applicable statutes, ordinances or other regulations or requirements in connection with the use of the Facility. This indemnification shall survive the term of this agreement. 13. INSURANCE: A. Without limitation of the requirements set forth in this Article, Provider shall maintain insurance with coverage and minimal limits of liability in accordance with attached Insurance Exhibit A. B. In no event shall the provisions of this Article be construed in any way to limit Provider's obligations under any provision of this Agreement, including, but not limited to, Provider's obligations to indemnify, defend and hold harmless the City. C. The insurance coverage required herein shall be through policies issued by companies authorized to do business under the laws of the state where the work is performed, with these qualifications. D. The Company must be rated by the latest edition of Best's Insurance Guide, published by Alfred M. Best Company, Inc. [or other recognized organization] at no less than an "A" Best Policyholders rating and no less than an "V" rating in Best's Financial Size Category, E. All of such insurance, including renewals, shall be subject to the approval of the City for adequacy of protection, and evidence of such coverage shall be furnished to the City on Certificates of Insurance indicating such insurance to be in force and effect and providing that it will not be canceled during the performance of the services under this contract without thirty (30) calendar days prior written notice to the City. Completed Certificates of Insurance shall be filed 4 with the City prior to the performance of services hereunder, provided, however, that Provider shall at any time upon request file duplicate copies of the policies of such insurance with the City. Such insurance shall be written by insurance companies which are satisfactory to the City and which are registered to do business in the State of Florida. All policies shall be endorsed to name the City as additional insured. User shall provide to the City certificates evidencing the required insurance coverage at least seven (7) days prior to the commencement of the Use Period and throughout the term of the Agreement, as the insurance policies expire. Binders are not acceptable. 14. DEFAULT/MARITIME LIENS: A. If User fails to comply with any term or condition of this Agreement, or fails to perform any of its obligations hereunder, then User shall be in default. Upon the occurrence of a default hereunder the City may, in addition to all remedies available to it by law and under this Agreement, immediately, upon written notice to User, terminate this Agreement whereupon all deposits, payments, advances, or other compensation paid by the User to the City shall be retained by the City. B. The User acknowledges that the City has the right to establish and enforce a maritime lien for dockage, repairs, supplies, towing or other necessaries, and agrees that the City retains the right to pursue such maritime liens and such other legal and equitable remedies as may be necessary to enforce the terms and conditions of this Agreement. 15. FORCE MAJEURE: The City and the User shall each have the right to terminate this Agreement in the event that the Facility is condemned, or in the event of its damage due to fire, windstorm, catastrophe or other act of God. In such event, User shall be entitled to a refund of the Reservation Deposit, or so much thereof as has not been applied, upon termination of the Agreement, after satisfaction of all amounts due by User hereunder, if any. 16. NONDISCRIMINATION: User represents and warrants to the City that User does not and will not engage in discriminatory practices and that there shall be no discrimination in connection with User's use of the Facility or presentation of the Event on account of race, color, sex, religion, age, handicap, marital status or national origin. User further covenants that no individual shall, solely by reason of his/her race, color, sex, religion, age, handicap, marital status or national origin, be excluded from participation in, be denied services, or be subject to discrimination in 5 connection with the use of the Facility under this Agreement. 17. ASSIGNMENT: This Agreement shall not be assigned by User, in whole or in part, without the prior written consent of the City's, which may be withheld, or conditioned, in the City's sole discretion. 18. NOTICES: All notices or other communications required under this Agreement shall be in writing and shall be given by hand -delivery or by registered or certified U.S. Mail, return receipt requested, addressed to the other party at the address indicated herein or to such other address as a party may designate by giving notice in the manner herein provided. Notice shall be deemed given on the day on which personally delivered; or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. TO USER: TO THE CITY: NMMA Attn: Cathy Rick -Joule 9050 Pines Blvd, Suite 305 Pembroke Pines, FL 33024 Also To: Stephen Evans NMMA 231 S. LaSalle St. Suite 2050 Chicago, IL 60604 Dinner Key Marina 3400 Pan American Dr. Miami, FL 33133 Attn: Stephen H. Bogner Marinas Manager City of Miami 3500 Pan American Dr,, Miami, FL 3133 Attn: Daniel J. Alfonso City Manager Also To: Victoria Mendez, City Attorney 444 SW 2' Avenue Suite 945 Miami, FL 33130 19. MISCELLANEOUS PROVISIONS: A. User shall identify the City and the Facility in all promotional material and press releases prepared or issued in connection with the Event, The City shall be identified as "The City of Miami, Florida" or "Miami" and the Facility shall be identified as "Miamarina at Bayside." B. User shall provide to the Director fifty (50) promotional tickets for the Event, for the purpose of promoting the Facility. C. This Agreement shall be construed and enforced according to the laws of the State of Florida. D. Title and paragraph headings are for convenient reference and are not a part of this Agreement. E. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. 6 F. Should any provision, paragraph, sentence, word or phrase contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the City of Miami, such provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable, then same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect or limitation of its use. G. This Agreement constitutes the sole and entire agreement between the parties hereto. No modification or amendment hereto shall be valid unless in writing and executed by property authorized representatives of the parties hereto. 20. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties hereto, their heirs, executors, legal representatives, successors, or assigns. 21. ENTIRE AGREEMENT: This instrument, together with its attachments and all other instruments incorporated herein by reference, constitute the sole and only agreement of the parties hereto relating to the use of the Facilities. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. 22. PUBLIC RECORDS: User understands that the public shall have access, at all reasonable times, to all documents and information pertaining to Authority contracts and to City contracts, subject to the provisions of Chapter 119, Florida Statutes, and agrees to allow access by the City and the public to all documents subject to disclosure under applicable law. User's failure or refusal to comply with the provisions of this section shall result in the City's immediate cancellation of this Agreement. User shall additionally comply with all of the provisions of Section 119.0701, Florida Statutes, entitled "Contracts; public records". THIS AGREEMENT SHALL BE RETURNED TO THE CITY, PROPERLY EXECUTED BY USER, BY FEBRUARY 6th, 2016, AT 5:00 P.M. FAILURE TO COMPLY WITH THIS PROVISION MAY RESULT IN THE CANCELLATION OF THIS AGREEMENT BY THE CITY AND FORFEITURE OF ANY DEPOSIT, ADVANCE OR PAYMENT MADE BY USER TO RESERVE THE USE PERIOD. 7 (This portion intentionally left blank) IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized, this the day and year above written. "CITY" CITY OF MIAMI, a municipal ATTEST: corporation By: Todd Hannon, City Clerk Daniel J. Alfonso, City Manager Print Name: Title: Corporate Secretary "USER" NMMA Boat Shows, Inc., a Delaware corporation By: Print Name: Title: President APPROVED AS TO FORM AND APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: Victoria Mendez City Attorney Anne -Marie Sharpe, Director Department of Risk Management 8 INSURANCE EXHIBIT A INSURANCE REQUIREMENTS FOR A CERTIFICATE OF INSURANCE- BOAT SHOW AGREEMENT I. 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 & Contractual Liability Premises/Operations Liability Host liquor included II. 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 $ 1,000,000 B. Endorsements Required 9 City of Miami listed as an additional insured III. Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of subrogation 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. IV. Umbrella Policy (Excess Follow Form) A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $ 4,000,000 Aggregate $ 4,000,000 City of Miami listed as an additional insured V. Protection and Indemnity Liability $1,000,000 City of Miami listed as an additional insured 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 less than "A-" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. 10 The City reserves the right to request copies of all insurance policies associated with this agreement, including, but not limited to additional insured endorsements, and any other applicable coverage information. 11 MIAMARINA SLIP LENGTH SCHEDULE PREPARED AUGUST 12, 2015 PIER 1 PIER 2 PIER 3 PIER 4 PIER 5 PIER 6 SLIP LENGTH SLIP LENGTH SLIP I.PNGTH SLIP LENGTH SLIP LENGTH SLIP LENGTH 1 102 1 65 I 55 1 65 1 70 1 115 2 102 2 65 2 55 2 65 2 70 2 75 3 102 3 65 3 55 3 65 3 60 3 105 4 95 4 65 4 55 4 65 4 60 4 145 5 35 5 65 5 55 5 65 5 60 5 120 6 55 6 65 6 55 6 65 6 60 6 110 7 65 7 65 7 55 7 65 7 60 7 100 8 65 8 65 8 55 8 65 8 40 8 100 9 65 9 65 9 55 9 65 9 40 9 65 10 65 10 65 10 55 10 55 10 60 I0 55 11 65 II 65 11 55 11 55 II 60 II 75 12 65 12 65 12 55 12 55 12 60 1065 13 65 13 65 13 55 13 40 13 60 14 65 14 65 14 55 14 109 14 60 15 65 15 65 15 55 15 109 15 60 16 65 16 65 16 55 16 109 16 60 17 65 17 65 17 55 1117 17 60 18 65 18 90 18 55 18 60 19 65 19 70 19 55 19 60 20 65 20 55 20 55 20 50 1401 21 55 21 65 21 50 22 55 22 95 22 60 23 55 23 95 23 60 24 55 24 95 24 60 25 55 25 95 25 60 26 55 26 95 26 60 27 55 1640 27 65 28 55 28 65 29 55 29 65 30 55 30 65 31 55 31 65 32 55 32 65 33 55 33 65 34 55 34 70 35 55 35 70 36 55 36 110 37 55 2225 TOTAL PIERS 1-4 6633 38 55 39 55 40 55 41 55 2475 601 Union Street. S6Ite- 1300 Seattle, WA 98101.1371 iNsunee National Merino Mfrs. Assn, 231 S LaSalle Street, Su•Ite 2060 Chloago, L 60004 OOV RAGES . 262406 CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND cowaRs. NO RIGHTS UPON THE 08IirlrI0Ar8 HOLDER. THIS 'CERTIFICATE DOES NOT AFPIRNIATIVELY ort NEGATIVELY AMEND, EXTEND ori ALTER THIS COVERAGE Arratlani EY THE POLICIES SELOW, THIS 0RTIFI0ATE OP' INSURANCE DOES- NOT CONSTITUTE A CONTRACT 13E1WEEN THE ISSUING INSURER(6), AUTHORIZED. REPRESENTATIVE OR PRODUCER, AND THE.'OERTIFICATE HOLDER, IMPORTANT: If the certificate holder Is an ADDITIONAL INSUR80, the policy(les).MUst be endors6d. If SUERWATION IS wAivao, subj00t. 0 the terms and conditions of the pollcy, certain policies may require an endorsement, A statement on -this certificate doos not confer rights to tho ertifloate holder In lieu of such ondorsoment(s.), Commerclal Lines - (206) 8829200 11 Prim/Qom. Wrcr------ Wells Fargo Insurance ,Tervioes USA, no, - CA LW: p06406 = • _f o• NEI , • - . ARbdoArIt'uNSSIKIIL INISURW3(8) worm() 0PYrRAGa iNturrr A Mot DIM° Insurance Company iNsunna Navigators Insurance •Oozpany INsuRert c Zurich American -Insurance Co INSURER o Continental insurance Company 36289 INsuaske1 ' • ' 31) 11 E. 1 t rAx BATE (MM/DbNYYY) 6/2/2016 • 25224 42307 16636 .. _ ...—..., - — . - — F-N.Y1414IN 11411/11,2CI-S; 00u 1)010W THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW BEEN 'ISSUED T THE INSURED NAMED ABOVE MR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREmENT, TERM OR CONDITION OF ANY CONTRA() ORIOTHER DOCUMENT WITH RESPECT TO WHICH THIS. CERTIFICATE MAY BE ISSUED. OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE P0LICIESVF.SCR113ED HEREIN IS' SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED SY PAID CLAIMS 1:!--.• TYPEOF INSURANO I, ' P i P roucyNumart Fp EX?y) LIMITS A X ------1 COMMERCIAL OVNERAL LIABIL TY. CNA1013582-19 pilywojyyyy,) 06/01/2016 avio.piwy(6Y 06/01/2016 •-AOH cuctRENc,a 1,000,000 $. I OLAIMSNADE Li 00096 Incl. Liquor Liability . .E To RENTED mleas (gamdutm ra) $ 1,000,000 X Indoponclonl C\ ip//,( r P"PERSONALAMRY X Contractor° ono INJUportion) & 3 Exoludad CEA AOOREOATE LIMIT APPLIES 11 PER: N l' I OENERAL itoORE0ATE $ 1,000,000 $ zsoosoo poLICY r I l: _ 1 LOO PRODUCTS v, COMP/OP AGO $ 1,000,000 011-IER: $ A Aut-osioeiLe ., LiArou TY 2 CNA10186819 06/01/18 06/0,m6 'co//eiNED SINGLE MIT Dsoisolt,,,,,, , , , . t000soe x ANY AUTO ALL OWNED ecHEDULY.D ' ,. 1 .. ,,, ,.,,, - EMILY INJURY /pot' porsoni .5 — .AUTOEI Au ros . NON-OVVNED BODILY INJURY (Poi tiocklen1)' $ X, 1.1JR6l.3 AUTOS x _ AUTOS . . . PROPERTY DAMACtE , (PotAl90A0H. . .. ,.1 v .. — 1 , • (MORELLA LIAB _ 000u6 6'82'1037334 06/01 /16 t., 00/0111 0 EACH OCCURRENCE 10 3 ,000,000 Il X EXCESS WA 13 CLAIMa.MAI AOCOATE $ 10,000,000. DEO X ETENT ON o ._ _ ,.. A AliggtgaTialit'ilA YrN WCA 1014163-19 06(01/16 08/01/16 x i rstirLAE I (g1.1: ANY PROPRINToR/PARTNER/EXECUTIVE w .':""j I OFFICER/MEMEER EXCLUDED? • CA,CT,DO,FL,GA,IL,KY,MA, E.1,„ EACH ACCIDENT „, $ 1,000400 (Mandatory In NH) If Y0c, clasor1)10 undo/ • MD,MN,MO,NJ,NY,RI,TN EL oisEAss- EA EMPLOYEE $ 1;000,000' DPSQRIPTIQIN OP OPERATIONS below EL. DISEASE - POLIOY LIMIT 1,000,000 0 Marine °water's Lege. Liability aiid Psi for Water Shows Only MAR3.071-539.16 . 06/01/1 06/01/16 Si,ocio.boo umit • $6,000 bod, pooh otelm. oesortipnea op OPERATIONS./ LOCATIONS / VEHICLES (AGM IN, Attaltloratl Ronan° Modulo, may bcv RE: Progressive Miami International Doe Show -at M aml Marine Stadium and Bash; Virglrila The City of Mleml is listed es Addillonal Inured under General Liability, Auto Liability and The City of Mfaml Is Additional Insured under Protection and Indemnity and Marine Excess Coverage Is Primary and Non,Contributoty In General Liebillty, Auto LiablItly and Umbrella Waiver of Subrogation appllas In Workers'Oomponsetion In Statutory Coverage for Slate ettit3"r liztri A 'tt.rnit Ma -lb _ _... attannoil If tatiro Key Umbrella Coverdge Liability. of Florida, . Spa013'16 roqul Llabllity coverage as reepeot to ,. od) exciep(for VVorkere'Compensellon. Liability Only, .. Oily of IvIlaml 444 SW 2nd Avenue 9th Floor MlemI, Florida 33130 ACORD 26 (2014/01) A10 SHOULD ANY OF THE AlsoVE.DEScRIEED POLICIES BE cANcELLED Upon THE ExPIRATioN DATE TFIEREOP, NoTicE WILL BE DELIVERED IN AccoliDANCE WITH THE POLICY pROVis ioN 8, AUTI101114E13 REPRESENTATIVE 1-he AOORD name and logo are registered marko of ACORD 01988.2814 AOORD CORPORATION, All rights reserved, OID: 202405 • • SID: 9101912 - • • — 4 OTHER Coverage INER TYPE 06 INSURANCE. ADDL. WVD POLICY.N WEER EMOTIVE DATE EXPIRATION DATE LIMIT LTR !Nall SUER (MM/DONY) (IVIM/DD/YY) Hull & Machiliary and MAR3587539.10 06/01/16 06/01/16 Por 000larod Value 0(4111110Mo of lasur rico (Con't) P & I $1,000,000 LOnO 0 Marino Oporatora MAR3087639-16 00/01/16 00/01 /16 $1,000,000 Limit Legal Liability 0a6.$1,000 P&I Coveraga Marino Excuas Llablitly MASIL9E00016210 00/01/2016 00/01/2016 $10,000,000 Limit/Aggregate' Coo raga joL P&I A Llq uor LFobHIly 0NA1010682-19 00/01/2015 00/01 /2016 $1,000,0co Limit (*rapt% , coitifl•aatiriir Inurol1"60".0tiret "" • .,,"1•-••,44,... CID 262406 Sib; 0;101012 rw; Additional Remarks Schedule (Continued from Page 1 • Umbrella Liability Coverage In follow form on general Llablllty with Liquor Liability and Auto Llablllty,. Umbrella Liability coverage capture all primary layer lines of coverage, including the liquor component, Marine Operator's Legal Liability Include P&I ooveragge, Marine Exoess•Llablllty Coverage respond on an excess basis to the primary Protection and Indemnity Limit, See Attaohod ndorsomerit Forms: General Liability CGEWASp804, CG20260413 Auto Liability GA04440$10 Workers Compensation; WC0003.13 (4/84) Vona. [ irra`rks rxf odois•0 t .l cm 10131W2 - 1.7 06/01/13 PAC 0,0./28,13 . CO V, 04 05 09 WAIVER O. TRANSFER. or RX.GETO OF RECOV AOAXNST OWIMRS WO VS This endorsement moafies insurance provided under the following: COMMERCIAL WAMERAL LIABILITY COVERAGE PAAT PRODUCTS/tOMPLETED OPERATIONS WAWLITY COVERAGE VAAT SCRAM= Nmmo of Vermon or Organizations As required by written contreet exgouted prior to loss. Information required to complete this Schedule, if not ehOwn above, will bo shown in the Declarations, The Lowing is added. to Paragraph .8, Transfer of RIghts of R000vely Against Others To. vs Oeotion IV -Oon,ditionSt We. waive any right of recovery we may havc . against the parson or organization ohown. in th0 Schedule above because c4 payments we Make for i.njury. or damage ariSing out o4 your ongoingoperations or "your work" done under a contract with that peror organization and inoluded in the 'products - completed operations hmzard". This waiver etplies only to the personor orgaaization shown in the Schedule. above, CG 24 04 C)f,i 01) tlomerkfht, IneUrinuo Bervi00$ OXni, 2000 vve 1. MA .10L3502 - 17 00/01/11 RAc 00/20113 COMMMACIAL MINERAL LIASTLITY CQ 20 04 13 TH1$ ENDORSEMENT cnAmms TIM POLICY. PLEA= AIMO CcARErutrAP. ADDIT/ONAL =UMW DWIZONAM MRSON OR ORGANIZATION Thio endorsement modifies insurance provided under the followingl COMMSACTZ.L ASEN8RAL LIA4LLITY COV2RAU PART, SCRIM= Name' OZ Additionsl Xneured Verson(s) Or Oruatization(a); AO required by written contract executed prior to loso Information required to complete th4;s. Schedule, ie not 'shown. above, will be shown in the Declarations. A, M3ation IX - Who Is An Insured d amended to include as in additional insured the Peroob(8) or organization(s) shown in the Schedule, but only with reopect to liability for "bodily injury", 'property damage" or 'personal and advertising injury" caused, in whole or in part, by YoUr aOta or omi*Jsiono or tho Act,1or omiosiOne of those acting on your behalf; . ln the performance of your ongoing operations, or 2. In connection, with your promises owned by or rented to you, Howeverl 1. The insurano afTorded to such additional insured only appliev to 1:qie-extOnt permittod by law; and 2. If coverage provided to tho additional inoured i5 required by a contract or agreement, the insurance afforded to slach aaditional in,eurea will riot be broador than that which you, are required by the contract or agreement to provide for ouch additional insured, With pact to insuranoe afforded to these additibnal insureds, the following is added- to tion Wall:It:a 04 Xxamuraxwet Xf coverage provided to the additional insured ia required by a contract or agreement, the most we will pay on behaJ,f. of the additional insured. is the amount of. insuroncet 1. Required by the ,contract or agTeement; or 2, Available unger the applicable Limits• of Inourance shown in the DecIarationo; whichever is less. This endorsement shall not increase the. applicable Limits of Insuranoe shown in the Declarations. CO 20 26 04. 13 eJopyright, Tosurentla FArvicom Ofgioo, Iao., Pagel 3.. CAA 20056n . 11 06/01/13 RAC 01/17/14 W. 04 44 03 10 TRa;M VIOORSOMBNT CHKNOVO THZ POLXCV, PLMOE P,M1) CAR4YULLY. 1A7A.IVM, OV TMIT5VVR. 0:7 aV,v,x,1T OV RZOoVriln ACM:NOT OTIII5t$TO U$ 01,A,IvER OV SWIROO,hTION) Thi4 oodormement modigies inouran.ce pxovided under the following! iilarNZMS AUTO OOVURAGE WORM anBlana AUTO RflYSICAL OAMAdla cOVZRAGB WORM GWOA COMM?, )7COE.M MOTOR- CARNXUA pOVURAW WORM. TROCM08 00VVAWm 'c).14 With cmopmot tovorage provided by thi* OhOorsemOnti tho' provisions of the Uoverave Worth appay lAniaso modified by thq Onderettent, Th:L1i exlawmom41th ohmagem 't 1icyeVfec.tivo ob. the inooption,dAto 'oi! the volley unless ShOthet da.e indioatOd Oelow, X,ramed Xv$ured4 Natiotial, Mee Monu6toturrJo ZndorsomeaO tittootive Dao;' 01/1q20X4 8M7Y01:4 Nam004 Of 7-Prmorlfol OvIsAioation.(a)1 Am V:oquired By Written Contact Rxmouted Prior to Loos xnfovim4ig0 rmVixea to oompIelr,e t114k5 gohedvle, if not show. above, will he phoMh the DeAla.rat4ons, The Tranof.,er Ot tdll Of V*zmvary Avaiuot palors 'kb Vs CUmditio does not Rpply to the ppzsohte) or orvanization(s) obowh in the 41ahedulo, 1;rit orlly to Who s'xtnt that. subroqation 403 weiVed priov to the osocident.fl or the+ 'i.inder a .00ttrwat with that pOreoh or organizatiOn, CA 04 44 03 10 NPPVI '(:opyv4oht, lmwroo4m.4erviclaa 0fti00,1IIi. 009 hop 1 COMMERCIAL, GENERAL LIABILITY cx E20 AS 00 04 THIS ENDORSEMENT CHANGES THE POLICY,. PLEASE READ IT CAREFULLY. PRIMARY INSURANCE — NON-CONTRIBUTORY This endorsement modifies insurance provided Under the following: COMMERCIAL GENERAL LIANLITY COVERAGE PART Section IV- COMMERCIAL GENERAL LIABILITY .00NBITIONS, paragraph 4, Other in. euranoo, subparagraph a,, Primary Mau ranools amended as follows: Primary inst.Irartoo This Insurance Is primary except when b. below applies, 11 this Insuranos is primary, cur obligations are not affooted unless any of the °tiler InsurancoI lso primary. Then wo VIHsh-are with all that other insuranos by the method dosorlbed In a, bolow.. If the•Namod Insured has entered into an I nsurod oontraot roqul ring -that this Insur- ranoo be primary and non,00ntributory, wo will ablela by that contract requirement, CO E25 AS 00 04 Inoludos oopyrighted matorial of 180 Properties, Ino„ Pagel of 'I with Ike permission, pooy Nurnimm WCA '1014103-1a WORnFlis <30V115ATION ANL LiAtiTILITY MAURO P'01,10Y WO 00 03 .13 (0444) . WAIVVI OP OUR R1.01.11" riaoovaR vrwm.omiRs aNDoRsatnNT Wt4havi the. rkht, o r000ver our payments hm.Elnyone liable for en injury oovertadby thle Wa will nol onfro o our plant ao•trot the pereon or orgeniAeOrt .netrod fn 11)1;1.800We, (Th14 pillos only to the 44ori( that you perform wok under a written oontraot (hat motto's you to obtele thtnreement from us,) Thta. t4roomolit Omit not oporotm .direolly or sindireetly o benefit canyons not named l the ',1ohedule. c311otileia' Copyright., 'I M. NatIonol Counoll gri CompoNam I houNihoia WO 00 03 13 (04684) 2015 FOREIGN NOT FOR PROFIT CORPORATION ANNUAL REPORT FILED DOCUMENT# 856432 Apr 27, 2015 Entity Name: NATIONAL MARINE MANUFACTURERS ASSOCIATION, INC. Secretary of State CC0073048175 Current Principal Place of Business: 23.1 S. LASALLE STREET 2050 CHICAGO, IL 60604 Current Mailing Address: 231 S. LASALLE STREET 2050 CHICAGO, IL 60604 FEI Number: 36-2369301 Narne and Address of Current Registered Agent: CORPORATION SERVICE COMPANY 1201 HAYS STREET TALLAHASSEE, FL 32301-2525 US Certificate of Status Desired: No The above named entity submits thls.statement for the purpose of changing its registered office or registered agent, or both, In the State of Florida, SIGNATURE: Electronic Signature of Registered Agent Officer/Director Detail : Title EVP Title PRES Name WOLD, NELSON Name DAMMRICH, THOMAS Address 231 S. LASALLE STREET #2050 Address 231 S. LASALLE STREET #2050 City-State-ZIp: CHICAGO IL 60604 City -State -Zip: CHICAGO IL 60604 Title CFO Name BOSKEY, •CRAIG Address 231 5, LASALLE STREET #2050 City -State -Zip: CHICAGO IL 60604 Date I hereby certify that the information Indicated on this roport or supplomontal repels true and accurate and that my electronic signature shall have the same legal effect as If made under oath; that I am an officer or director of the corporation or the receiver or'truslae empowered to axscute this report as required by Chapter 017, Plorlda Statutes; and that myaalne appears above, or on an attachment with elf other like empowered. SIGNATURE: CRAIG BOSKEY CFO 04/27/2015 Electronio Signature of Signing Officer/Director Detall Date BOAT SHOW AGREEMENT MIAMARINA AT BAYSID This Agreement is entered into this day of , 201 by and between the City of Miami, a municipal corporation of the St e of Florida ("City") and National Marine Manufacturers Association, Inc. ("NMMA"), a Del are not -for profit corporation (User"). REC ALS In consideration of the mutual covena is and promises herein contained,. the City hereby grants to User the right, privilege and perm'' sion to use the dockage space at Piers 1, 2, 3, and 4, excluding four (4) slips currently occL ied, at the municipal facility of the City known as Miamarina at i3ayside (the "Facility on a transient basis, for the Permitted Use and during the Use Period, as the terms are hereina er defined, subject the terms and conditions. set forth in this Agreement. 1.. TERI\'I: The tern/f this Agreement shall commence upon full execution hereof and shall terminate upon fulfmlhrneya of all the responsibilities and obligations of the parties hereunder. 2. PERMITTED USE; User shall be permitted to use the Facilities for the purpose of presenting a Boat Show (t 1e "Event") during the Use Period and for no other purpose; 3. USE PERIOD: The Use Period shall, which includes set-up and dismantle, shall commence at 7:00 a.m. , . on the sixth. (6t1�) day of February, 2016 and shall end at 5:00 pan. on the seventeenth (17th) d°y of February, 2016. 4. USE FEE. The Use Fee shall be the sum total of the Dockage Charges and the- - Additional Cha es. The Dockage Charges shall be computed at the rate of $1.69 per linear foot per day and is estimated to be $11,209.77 per day, for a total of $134,517.24 (based on 6,633 linear feet times twelve days). The Dockage Charges includes, light for ordinary use, water for reasonable purposes and janitorial and restroom supplies, and nothing else. The Additional Charges consist of any amounts due for additional services, accommodations, materials or equipment furnished to the User, and all other amounts due in connection with. the Permitted Use. Additionally, User shall pay all applicable taxes, including State of Florida Sales and Rental Taxes. 5. PAYMENT OF USE FEE: User agrees to pay to the City the Use Fee as follows: A. Reservation Deposit: Upon execution of this Agreement, User shall pay to the City the sum of 567,258..62, plus 54,708.10 sales tax (or 7.0% of charges), for a total of S71,966.72 as Reservation Deposit. The Reservation Deposit shall' be non-rei.ndable, .except canceled as a result of Force Majeure.under Section 15 belo The Reservation , where the Event is. i Deposit shall be. applied toward the payment of the Use Fee. B. Dockage Charges and taxes: The balance of the Do6kage Fee, in the sum of $67,258.62, together with the State of Florida sales tax, at . 4,708.10 (or 7,0% of charges), for a total of $71,966.72 shall be paid on or before February 6th, 2016. C. Additional Charges; Payment of Additional Charges shall be made upon .demand. 6. OTHER PAYMENTS: User acknowledges that /that the City is relocating its permanent dockage customers during the Use Period in order to allow the User exclusive use .of the Facility during that time. Therefore, in addition to the foregoing, User agrees to pay the City a sum equal to two (2) weeks dockage fees for all relocated customers of record as of January 10, 2016. This amount is currently estimated to be $14,000,00 but the exact amount will be determined on January 10, 2016. f 7. EVENT PERSONNEL, UTILITIES AND gUPPLIES: Except as otherwise • specifically provided, User shall be responsible foithe staffing of the Event and. shall pay for all utilities, supplies or other services, expect those nick are furnished by the City and are included the Dockage Charges,. as specifically provided der Section 4 .above. User shall consult with the City to ensure that the Event shall be properl staffed and that staffing levels and security staffing are adequate to handle attending crowds. 8. CONDITION OF FACILITY: A. This Agreement is only fa the use of dockage space on a transient basis and the: City disclaims all warranty, and. makes no r presentation of any kind, as to the condition of the piers, walks, gangways, ramps, or any other ortion of the Facility, except that the piers and docks are in "good condition." Prior to the execution: of this Agreement; User has inspected the Facility and accepts it in "as -is" condition. I B. User agrees to surrender the Facility. to the City properly cleaned and in the same condition existing upon User's acceptance. If the Facility is not properly cleaned to the City's satisfaction, then the City shall have the right to invoice the User for such additional cleaning. The cost of additional cleaning, as well as the cost of damage repairs, or any repairs necessitated as a result of the use of the Facility by User, shall be paid by User upon demand. 2 C. The City shall have the right to remove from the Facility; at User's cost and e/pence, any effects remaining therein or on the grounds of the Facility at the end of the Use Period. Alternatively, the City may charge the Userfor storage, at a rate equal to the lowest use rat ; per day, for each day or part of a day that said effects remain in or on the grounds of the Fility. Alt amounts due by User under this Section shall be paid by User upon. demand. D. The City shall have the right to enter upon the Facility at any time wring the Use Period as it deems necessary. 9. RISK OF LOSS: User understands and agrees that the City shall n%- be liable for the care, protection, security, loss or damage relating to any vessel, her appurtena bes or contents, nor for any loss, injury or damage to any property or equipment brought into the. A acility by User or by any other person in connection with the use of the Facility by User. All per , nal property placed or moved in the. Facility shall be at the risk of User or the owner thereof. ser further agrees that it shall be responsible to provide all security during the Use Period, whethe/or not the Facility is open to the general public. 1.0. COMPLIANCE WITH APPLICABLE LAWS: User agrees to obtain all required. licenses and permits and to abide by and comply with all applicablrlaws, rules, regulations, codes and ordinances in the use of the Facility and/or presentation of ther4vent, 11. RULES AND REGULATIONS ,FOR THE FACILIT14 By execution of this Agreement, User acknowledges that it has received and fully 1ulderstands the "Marinas Facilities Rules and Regulations" which has been furnished to User ..rior to the execution hereof, User hereby represent and warrants to the City that User shall tide by each, and shall not permit the violation of any, ntle and regulation set out therein. i 12. INDEMNIFICATION: User shall indemnify, covenant not to sue, defend and hold harmless the City and its. officials, employees and rents (collectively referred to as "Indemnities"), from and against all loss, costs, penalties, fines, daimages, claims, expenses (including attorney fees) or liabilities (collectively referred to as "Liabilities") by reason of any injury to or death of .any person or damage to or destruction or loss of any property arising out of, resulting from, or in 3 connection with (i) the use of the Facility, whether caused directly or indirectly, in whole of in part (whether joint, concurrent or contributing), by any act, omission, default,' negligence ('hether active or passive), recklessness or intentional wrongful misconduct of any Indemnities, User. or any of Users guests, invitees, employees, agents or subcontractors, or (ii) by the failure of User to comply with any of the -provisions hereof, specially User's obligation to comply with 11 applicable statutes, ordinances or other regulations or requirements in connection with the use of the Facility. This indemnification shall survive the term of this agreement. 13. INSURANCE; A. Without limitation of the requirements set forth in this Article, Provider shall maintain insurance with coverage and minimal limits of liability in ace rdance with attached Insurance Exhibit A. B. In no event shall the provisions of this Article be cons • •ued in any way to limit Provider's obligations under any provision of this Agreement, tint iding, but not limited to, Provider's obligations to indemnify, defend and hold harmless. the Ci C. The insurance coverage required herein shall b through policies issued by companies authorized to do business under the laws of the state. w ere the work is performed, with these qualifications. 1D.- The Company must be rated by the latest dition of Best's Insurance Guide,. published by Alfred M. Best Company, Inc. [or other reco, sized organization] at no less than an "A" Best Policyholders rating and no less than an "V" ratin in Best's Financial Size Category. E. All of such insurance, including renewals, s all be subject to the approval of the City for adequacy of protection, and evidence of such cov rage shall be furnished to the City on Certificates of Insurance indicating such insurance to b in force and effect and providing that it will not be canceled during the performance of the ser ices under this contract without thirty'(30) calendar days prior written notice to the City. Con pleted Certificates of Insurance shall be filed with the City prior to the performance of services h reunder, provided, however, that Provider shall at any time upon request file duplicate copies of tl e policies of such insurance with the City. Such insurance shall be written by insur nee companies which are satisfactory to the City and which are registered to do business, in the tate of Florida. All policies shall be endorsed to name the City as additional insured, User shall provide to the City certificates evidencing the required insurance coverage at least 4 seven (7) days prior to the commencement of the Use Period and-throughoutand-throughont the term of 1�le Agreement, as the insurance policies expire. Binders are not acceptable. 1.4. DEFAULT/MARITIME LIENS: A. If User fails to comply with any term or condition of this Agreement, :or f 'ls to perform any of its obligations hereunder, then Usershall be in default. Upon the occur en e of a default hereunder the City may, in addition to all remedies available to it by law and ui der this Agreement, immediately, upon written notice. to User, terminate this Agreement whe upon all deposits, payments, advances, or other compensation paid by the User to the City shall be retained by the City. B. The User acknowledges that the City has the right to establish and enrcea maritime lien for dockage, repairs, supplies, towing or other necessaries, and agrees that t1 City retains the right to pursue such maritime liens and such other legal and equitable remedies S may be necessary to enforce the terms and conditions of this Agreement, 15. FORCE MAJEURE: The City and the User shall each haye the right to terminate this Agreement in the event that the Facility is condemned, or in the event of its damage due to fire, windstorm, catastrophe or other aet of God. In such event, User shall b6 entitled to a refund of the - Reservation Deposit, or so much thereof as has not been applied:, upon termination of the Agreement, after satisfaction of all amounts due by User hereunder, if any. 16. NONDISCRIMINATION: User represents and warrants/to the. City that User does not and will not engage in discriminatory practices and that them shall be no discrimination in connection with User's use of the Facility or presentation of the'went on account of race, color, sex, religion, age, handicap, marital status or national origin. Use further covenants that no individual shall, solely by reason of his/her race, color, sex, religion., a e, handicap, marital status or national origin, be excluded from participation in, be denied services, or be subject to discrimination in connection with the use of the Facility under this Agrees lent. 17. ASSIGNMENT: This ,Agreement shall no, be assigned by User, in whole or in part, without the prior written consent of the City's, which nay be withheld, or conditioned, in the City's sole discretion. 18. NOTICES: All notices or other comma lications required under this Agreement shall be in writing and shall be given by hand -delivery or by registered or certified U.S. Mail, return receipt 5 requested, addressed to the other party at the address indicated herein or to such other add • Ss as a party may designate by giving notice in the manner herein provided, Notice shall be deei red given on the day on which personally delivered; or, if by mail, on the fifth day after being p sted or the .date of actual receipt, whichever is earlier. TO USER: NMMA Attn: Cathy Rick -Joule • 9050 Pines Blvd, Suite 305 Pembroke Pines, FL 33024 Also To: Stephen Evans NMMA 231 S. LaSalle St, Suite 2050 Chicago, IL 60604 TO THE CITY: Dinner Key Marina 3400 Pan American Dr. Miami, FL 33133. Attn: Stephen H. Bogner Marinas Manager City o iami 3500/ an American Dr.,/Miami, FL 3133 At Daniel J. Alfonso y Manager Also To: Victoria Mendez, Ckty Attorney 444 SW 2" d Avenue Suite' 45 Miami, FL 33130 19.. MISCELLANEOUS PROVISIONS: A. User shall identify the City and the Facility in all promotional material and press .releases prepared or issued in connection with the Event, The C'ty shall be identified. as "The City of Miami, Florida" or "Miami" and the Facility shall be identif d as "Miamarina at Bayside," B. User shall provide to the Director fifty (50) proiotional tickets for the Event, for the purpose of promoting the Facility. C. This Agreement shall be construed and enfo ced according to the laws of the State of Florida. D. Title and paragraph headings are for con enient reference and are not a part of this Agreement. E. No. waiver or breach of any provision f this Agreement shall constitute a waiver of any subsequent breach of the same or any other pro vision hereof, and no waiver shall b.e effective unless made in writing. F. Should any provision, paragrapl , sentence, word or phrase contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State o ` Florida or the City of Miami, such provision, paragraph, sentence, word or phrase shall bed erred modified to the extent necessary in order to conform with such laws, or if not modifiable, then same shall be deemed severable, and in either event, the remaining teens and provisions of this Agreement shall remain unmodified and in full 6 force and effect or limitation of its use. G. This Agreement constitutes the sole and entire agreement between th- parties hereto. No modification or amendment hereto shall be valid unless in writing. and exe authorized representatives of the parties hereto, 20. SUCCESSORS AND ASSIGNS: This Agreement shall be bindi hereto, their heirs, executors, legal representatives, successors, or assigns. 21. ENTIRE AGREEMENT: This instrument, together with its a instruments incorporated herein by reference, constitute the sole and on hereto. relating to the use of the Facilities. Any prior agreements representations not expressly set forth in this Agreement are of no fo 22. PUBLIC RECORDS: User understands that the p reasonable times, to all documents and information pertaining to contracts, subject to the provisions of Chapter 119, Florida Statt the City and the public to all documents subject to disclosure L or refusal to comply with the provisions of this section s cancellation ofthis Agreement. User shall additionally comp 119.0701, Florida Statutes, entitled "Contracts; public recor THIS AGREEMENT SHALL BE RE PROPERLY EXECUTED BY USER, B 5:00 P.M. FAILURE TO COMPLY MAY RESULT IN THE CA AGREEMENT BY THE CITY A DEPOSIT, ADVANCE OR PAY RESERVE THE USE PERIOD. uted by property g upon the parties achments and all other agreement of the parties promises, negotiations, or ce or effect. lie shall have access, at all Authority contracts and to City es, and agrees to allow access by der applicable law. User's failure all result in the City's immediate y with all of the provisions of Section s". URNED TO THE CITY, FEBRUARY 6th, 2016, AT ITH THIS PROVISION CELLATION OF THIS D FORFEITURE OF ANY NT MADE BY USER TO (this portion intentionally left blank) 7 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized, this the day and year above written. "CITY" CITY OF 1M7IAMI, .a municipal ATTEST: corporation Todd Hannon, City Cleric By: Daniel J. Alfonso, City Manager "USER" NMMA, a Foreign Not for Profit Corporation By: Print Name: Print Name: Title: Corporate Secretary Title: President APPROVED AS TO FORM AND APPROVED AS TO 1 SURANCE CORRECTNESS: REQUIREMENT'S: Victoria Mendez City Attorney Anne -Marie Shar,ie, Director Department of R'slc Management INSURANCE EXHIBIT A INSURANCE REQUIREMENTS FOR A CERTIFICATE OF INSURANCE- BOAT SHOW AGREEMENT I. Commercial General Liability (Frimary 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 & Contractual Liability Premises/Operations Liability Host liquor included II. Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage iability Combined Single Limit Any Auto, Owned, or Scheduled utos Including Hired, Borrowed or No -Owned Autos Any One Accident / $. 1,000,000 B. Endorsements Required City of Miami listed as an a ditional insured III, Worker's. Compensation Limits of Liability Statutory -State of Florida Waiver of subrogation 9 Employer's Liability A, Limits of Liability S 1,000,000 for bodily injury caused by ail accident, each accident. S 1,000,000 for bodily injury caused by disease, each employee. $1,000,000 for bodily injury caused by disease, policy limit. IV. Umbrella Policy (Excess Follow Form) A, Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence Aggregate City of Miami listed as an additional insured $ 4,0 ,000 $ 4,Q 0,000 V. Protection and. Indemnity Liability $1,00O,000 City of Miami listed as an additional insured The above policies shall provide the City of Miami with wr'ften notice of cancellation. in .accordance with policy provisions. Companies authorized to do business in the State of Florida with the fallowing qualifications,. shall issue all insurance policies required above: The company must be rated no less than "A-" as to z v anagement, and no less than "Class V" as to Financial Strength, by the latest edition of Bes 's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equiva .snt. All policies and /or certificates of insurance are subject to review and verification b Risk Management prior to insurance approval. The City reserves the right to request copies of 1. insurance policies associated with this agreement, including, but not limited to additional insured endorsements, and any other applicable coverage information. 10 MIAMARINA SLIP LENGTH SCHEDULE PREPARED AUGUST 12, 2015 PIER 1 PIER 2 PIER 3 PIER 4 PIER 5 PIER 6 SLIP LENGTH SLIP LENGTH SLIP LENGTH SLIP LENGTH SLIP LENGTH SLIP LENGTH 1 102 1 65 1 55 1 65 1 70 1 115 2 102 2. 65 2 55 2 65 2 70 2 75 3 102 3 65 3 55 3 65 3 60 3 105 4 95 4 65 4 55 4 65 4 60 4 145 5 35 5 65 5 55 5 65 5 60 5 120 6 55 6 65 6 55 6 65 6 60 6 110 7 65 7 65 7 55 7 65 7 60 7 100 8 65 8 65 8 55 8 65 8 40 8 100 9 65 9 65 9 55 9 65 9 40 9 65 10 65 10 65 10 55 10 55 10 60 10 55 11 65 II 65 11 55 11 55 11 60 11 75 12 65 12 65 12 55 12 55 12 60 1065 13 65 13 65 13 55 I3 40 I3 14 65 14 65 14 55 14 60 15 65 15 65 15 15 109 15 60 16 65 16 65 16 55 16 109 16 60 17 65 17 17 55 1117 17 60 18 65 90 18 55 18 60 19 65 19 70 19 55 19 60 20 65 20 55 20 55 20 50 1401 21 55 21 65 21 50 22 55 22 95 22 60 23 55 23 95 23 60 24 55 24 95 24 60 25 55 25 95 25 60 26 55 26 95 26 60 27 55 1640 27 65 28 55 28 65 29 55 29 65 30 55 30 65 31 55 31 65 32 55 32 65 - 33 55 33 65 34 55 34 70 35 55 35 70 36 55 36 I10 37 55 2225 TOTAL PIERS 1-4 6633 38 55 39 55 40 55 41 55 2475 20240E CERTIFICATE OF LIABILITY INSURANCE CATE (MMIDb(YYYY) Y THIS CERTIFICATE. IS ISSUED AS A MATTER OF INFORMATION ONLY AND 'CONFERS. NO RIGHT UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE 0 VERAOE AFFORDED SY THE POLICIES BELOW, THIS CERTIFICATE Or INSURANCE DOES NOT CONSTITUTE A CONTRACT SETWEEN THE ISSUING INSURER(S), AUTHORIZED: REPRESENTATIVE OR PRODUCER, AND THE'OERTIFICATE HOLDER, IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les).must be endorsed If SUEROGATION IS WAIVED, subject {o the terms and conditions of the policy, certain policies may require an endorsement, A statement on' his certificate does not confer rights to the certiftcafo holder In Ileu of such enclorsemont(s), PRiiPuoei• Commercial Lines - (208) 802=8200 Wells Fargo insurance S-ervloes USA, Inc, - CA Lid: 0E08408 601 Union Street, Stlite-1300 Beadle, WA 96101-1371 A NEAC - Pia , p fAAo two}; `}hArlwsxllL AbDlt ssr INSURER(s) APFCr�DINO DOVMRAOE !mot! INsuRER A 1 groat Divide Insurance Company 25224 tNsuRCD National Marine Mfrs, Assn, 231 S LaSalle Street, Suite 2050 Chicago, IL 60804 • Arh1/Hn.A,,,,,,t+ •. 1^ .�..M .. .. .•. i-, .,, ,.........� n.(n Jn:, ii INSURER di Navigators Insura.no/ 'Company 42307 INSURER O 1 Zurich American Insurance Co 16536 INSURER 01 Continental Insuran0 Company 38289 INSURERS l :1 - INSURER E , .. ,VE 0, f51oNNUiwi r; JaelieIOW THIS IS TO CERTIFY THAT THE PCLICI $ CF INSURANCE LISTED, BELOW HAVE BEEN 'ISSUED TO THE INSURED 'MED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWTHSTANDIN9 ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT' C'f7'bTHER Doc MENT WITH RESPECT TO W11CH THIS' CERTIFICATE MAY BE ISSUED. OR MAY PERTAIN, THE INSURANCE AFFORDED I3Y THE POLIOI5S'0ESCRIBED HE26IN IS' SUBJECT TO ALL THE TERMS, _ EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN .REDUCED BY PAID CLAIMS, ..,..._ _... -A .6, T.6 TY80'08INSURANCS ADO kb. eV r POI ICY NUMBER poLlcY E F (M<J7taD YY YI / POLIa� CXF tMMlbb YYY,Y} \ Limns. A X - � OCMMaRCIAL OkNRRAL LIABIL TY' CNA1013582.1O 06/01/2015 06/01/2016 •ACH cuRRENc8 S. 1,oco,000 _ CLAIMS -MACE LX CCOUR Inc', Li Liquor Liability D ETC RENTED MISES(Egoccurrence) S 1,000,000 X Indepondant M C ,ry one person) S Excluded X Oonlraolorsn'� ?E l'( I&ACIVINJURY GEN'LAOOrwoATELIMIT APPLIES PER; U YY (PEReO jjj . 0E N1RAA AQ0R5OATE S 1,OD0,000' $ 2,000,000 „ POLICY r~I jCIRO J LOO PRODUO -COMP/OP AGO $ 1,000,000 OTHEIR 8 A AUTOMOBILELIAB1Lm' CNA1013582.19 06/01/15 06/01/1:6 EoM0INan IN3L0 Iladf •g 1,000,000 X~ ANY AUTO OWNED s sENn uLriD BODILY INJ Y (Perporsor $ AU708 X -OWNED BODILY INJU Y (Per 4ccldenI)• $ _x HIRED NON n ROPER Y AGE' • LPo(golui� $ E • UMORSLLA LIAR • X OCCUI't 6821037334 06/01 /15 06/01116 RAON CCOURR 0f1 $ 1000,000 X excess LIAR OLAIMS.MAITE j';; r AGGREGATE $ 10,000,00e 000 ^ I RETCNTION < 0 $ A WORIthS eompENSA`riON AND aMPLoyees` LIAniu t Y r N WCA 1014163-19 0810111E 06101/1.6 X� srnT E1 e° .1. ANY PROPRIET0R/PARTII'ER,BXsou1'IVE ()ENDER/MLMEEREXOL0DeD7 NT) N./A CA,CT,LTC,FL,©A,IL,KY;MA, �,L,EACFIAGCIDCtJ. $ 1,000,000 (Mandatory In NH)• II yes desen60 under MD, MN,MO,NJ,NY,RI,TN E,L, DISEASE- EA EMI OYEE $ 1;000,0D0' C D DESeRIPTIoN OF OPERATIONS below Me'rl'n Operator's Le.ga E,L, Nemec, POLICY L IT $ 1,000,000 e Liability and P&1 for Water Shows Only MAR3687589.16 06/01/15 06/01/16 $1,000,000 LImll $6;000 Dad, eneh claim. DRSORIP0ION 00 OPEIRATIONS r LOCATIONS / VEHIOLls (ACORO 1.01, AckIIllanal Remise Sohodule, may be akeol,od If mere RE; Progreaslve Miami International Boat Show at 1vi am! Marine Stadium ehd Basin; Virginia Key The City of Miami le listed as Additional Insured under General Liability, Auto Liability and Umbrella The Olty of Miami is Additional Insured under Protect on and Indemnity and Marine Excess Covordge Coverage Is Primary and Non•Contributary In General Liability, Auto Liablltly and Umbrella Liability, Waiver of Subrogation applles in Workers'Compensallon In Stotutoly Coverage for State of Florida, elknorIC1r!AY.ur11 nrrq speoa Is roqul - Liability .00verage'exdepl.for as respact'to ad) Workers'Compensallon. Liability Only, City of Miaml 444 SW end Avenue 9th Floor Miami, Florida 33130 ACCRW 25 (2014/01) C LLAT`ION SHOULD ANY OF THE AS0VE.0550RIOED FoLIcIE8 8E 0ANCBLL5D BEFORE THE EXPIRATION DATE THEREOF, NOT10E WILL Se DSLIVERED IN A000RDANCE WITH THE POLICY PROVISIONS, AUTHORIZED REPRESENTATIVE The AOORD name and logo are registered marks ofACCRD ' O 156E-2014 ACORD CORPORATION, All rights reserved, DID: 262405 • SID: 9191912 • - _ _. tiflaate of Insurarito (Coal) OTHER Coverage INSR TYPE OF INSURANCE. 1-TIR ADDI., INSR WVD SUBR POLICY'N WOOER Fl:'10.1'1VE DAT5 (r/it/mom') EXPIRATION Ogg (1VIM/DD Y) , LIMIT . c Hull & Machinery end P Sii I MR3567636.'16 U6/01/16 06/01/ 6 Por Deolared Value 41,000,040 Limn Q Marino Operatero Legal Liability P&I Coverage MAR3667669-16 66/01/16 06/61/16 $1,uo0,00o Limit 0aiii.Siio00 0 Marino Excess Llablitly Coverage Incl. P&I MASIL6.E00.015216 06/01/2016 041 /2016 I I . $10,0noi0a0 Lima 1A00 regale' A Liquor Liability ONA1016662-19 00101/2016 NI/01/2010 1 1 $1,000,000 Limn bauproecte, A c• \;::,1 4 CID; 262406 . SID; 919'1912 • • AddRimini Rornarks Sche.du (Continued from Page I) Umbrella Liability Coverage In follow form on General Liability with Liquor Liability and Auto Liability.. Umbrella Liability coverage capture all prlrnary layer lines of coverage, Including the liquor component, Marina Operator's- Legal Liability Include P&I °overage, Marine Exoesetiablilty Coverage respond on an excess basis to the primary Protection and Indemnity Limit, See Attaohed Endowment Forms: General LlabIllty 0GE25AS0804, CG20200413 Auto Llablilly CA04440310 Workers Compensation; VVC0000:13 (4/84) Atialiono iko markt $11'iorloin•Oorf CNA ..10131582 - 17 06/01/13 RAC U/28/13 WAXWIR TWXSVEri. OF aXGHT$ OF RHCOVRRY 2WAINST OTIMRS TO US This endorsement modifies insurance provided under the :6,ollawingt CoMMERCXAL avwsl,uNI, Li/ABM:MY CM/MACE PART PRODUCTS/.COMPLBTED OM1ATIONS LIABILITY COVBRAW1 BART SCUBtuBB Name c) Pexson ov Orgatization: As requAred by written contract exmcuted prior to lose. InforMation required to complete this Schedule, ig not shown abe e, will be Shown in the Declarations. The gollowing is added to Paramraph8 of Eights. ot Re ovary Against Others To. Uso Oaolion -ConditionSt We- waive any right of recovery we may have against the person or organi%ation shown in the Schedule above because og payments we make injury.or damage arising out of you oagoiaj operations or "yolAe worIc' or under a contr,ct with ast peron or organization and included in the 'products...completed operationhazard". This waiver applies only to the person. or orgaaization shown in the Schedu.e. above. Cc; 24 04 05 09 c(0 QoPYzight, InoutTamo Servalem Ofii.cley lym., 2008 two 1. CJ .10135B2 -17(IfunX RAC : 06/2AM1 COMMMRCIS GUNERAL nxAnTraTy CO 20 2 04 13 WHIS EN3DORSUMNT CMNOB1,9 Tin POLICY, PLM,11.$/1 XW ChRMVULL'Z,, ADDIVONAL XMUR)TAD DESXONATZIP PrRS014 OR ORGANIZATX= This oadorserrent modifies insurance provided umier the followingt COMMDRCIM, .GEN8R.AL LIA4ILITY COVRRAM PART SCITZWZD Name- () Additionel /nsued .Pexson(e) Or Orgailization(0)1 AS required by written contraot executed priot to l000 Information required to complete this' Schedule, if not 'shown. ebovile, wi11 bo shown i be n tDeolarations, A. tion XX - Who Iz An Xnzlixod is amended to include as an adfditienal Inslined the POrson(S) or organization(s) shown in the Schedule., but/only with respect to liability for "bodily injury", 'property damage" or 'perizonal and advertising injury" caused, in whole or in part, byyoUr aota or omissions cc the acts or omissiOns of those acting on yur behalf: 1. In the performance oE your Ongoing operationst oc 2, Xn connection, with your promises owned by or ronted to /cm, Boweverl 1. The insureace agi!orded to such additional insured nly applies to the -eXtent permittad by law; and 2, Ig OdVexage providind to the additional inalared agreement, the insurance afforded to such addi broader than that which you. are required by provide for such additional insured. With respeot to insurance added. to tion - Lira If oovGrage provided to agroement, the most we wil o inoUrmncel 1, Requited by the .contract 2, Available under the appl whichever ia less, This endorsement shall not the Declarations, afferded to these additio ts OE :rustranos: the- additional ,i.nsured I pay on behaJ,f. of the ad or agreement; or icable Limits' of Intquraal shown in the DecIaration; required by a contract or ional insured will not bG le contract or agent 1-1L inauxeds, the following is ia required by a contract or tional insured. is the amount increase the. applica lo Limits of Insurance shown in C31 al 20 26 04, J.3 eJapyright, Tesunmes. services OfEies, Nigel 3.. ••• chi% 20056.41 . 11 06/01M . . PAt, 01/17/14 (2 44 03 ;I.0 TwO MmoROasran MIMI% (MO 1FOLznr, Prohn MAZ cAlMocatLY. WAV70, TIMITSIMR, 00 ik,1:01iT$c ROVERY AOAXNWI, CYlimna$ L1S ON/An/HR 00 SUBROMXION) Thia ondorwement modiEie41 inOnrance provided under the followingl ws/MOIS AUTO OOVURAGE FORM SUBINtn AUTO NlYSI.CAL OAMA010 COVIOAOS FORM tARAOA cOVIMAGE FORM MOTOR CAWCUP. =MOAB. FOAM. TaOcxrdWs toVgAndm rpm nth mgivao't oovemq0- provicrled hy thi$ ehaloraemnti the. proviai4ta vf the Covera0 For61 Ipply unleaps modifi.ed by the, 4/1'clevedtent. / Thim e4aWsomvalt onan5e0 tht po;Uoy. eaeotivo On the inoevtio4fttt ol! the poliOy unle$L:3 4hOthev'elae inaioa.ted XaMed :CumIlve,d4 NaaonaI Marine. MantvUotux'ero Zndersament liffoolave Datt 01/1t0014 5c,110=1:, Name(0 of' Pol-mon(o) Ov Ovlanizatioa(a)1 MI Required Sy Written Contr4ot M)eauted Prior to Lool InforMatiegi roVil'ea to qoMPIete tao ache(hila, not ah wn -hove, will 406 $bOYn the DevC:.lae4t,t4ona, The Tr.Ana.04:G 40Yte of Aeoovery- Avalnblz b Oa Condit:aft doe0 not apply to the, pi.maonto) or o%tanizat,Loo(0) ahown in tr ly to elle e$nt th%t. vubroqatlon waVed prior to the naocidonW ov tAle Hlom8:6 '1:inaer a .eoetraot with that pg.sroon or orgamtzati'on, V.:A 04 4.4 03 10 Yr.tmht, 16ourpotiv,Wvfcea 0-1.116N Jno., E009 Pop t COMMERCIAL GENE,RAL LI ILITY E25 S 0E3 04 THIS ENDORSEMENT CHANGES THE POLICY.. PLEASE READ IT QAREF)I1LLY. PRIMARY INSURANCE NON-CONTRIBUTORY/ This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIASILITY COVERAGE PART Section IV — COMMERCIAL GENERAL LIABILITY 00NOITIONS, paragraph 4, Other Ir(. sursrloo, subparagraph a„ PrImary.lrisurarioe.ls amended as follows: a, Primary Insurance l Thls Insurance Is prlrnex ary oepi when b, below 4pplles, rf this insurance Is prinery, our oblIgallona are not affected unless any of the other insurance Is also prim, ry, Then we will share with all that other Insurance bythe method dasoribed In a below,. If theNamed Insured has entered Into an I neureci contract radial rind -that th, Insur- ance be primary and non.00ntributory, we will ablde,by theroontrac.:t require nent, E,25 AS 00 04 Inoludes capyright©d materlal of ISO Proper:les, Inc„ Pege 1 of 1 El with Its permission, ponoy %nun WCA101418.3-19 WORK8T1S Q01',APN6A,110N AN la4PLOTRO LIA13.1t.rTY INSURANU POLIOY WO 00 -18 (0 84) . WAlVtili OP OM R1.01-11' TO RaoovmA rnm•OTHZR$ $1qa0R$V1INT Wa hava tha 1.101 to reoovar our payments from .enyona liable for tirl injury 1:layerei by hla poll0y, Wa will nal twifro e our tight tiginat the pdrsali at' 0rganiAeOtt.nsungt tn tho .8oh Riureamerlt applies oily to tha Ulat you perform walk vh.der a wilAn 0anftat nf requltoa yov la obtain Vila avreawnent from Thta qiroomelit mhel1 not operetal tilreolly r ndlra01iy banat11; ,anyone no named In the ;otiodule. Copyright, 1.00 Nattionall Counail on Compensallon Inaureae 0 00 0 la (0484) 2015 FOREIGN NOT FOR PROFIT CORPORATION ANNUAL REPORT DOCUMENT# 856432 Entity Name: NATIONAL MARINE MANUFACTURERS ASSOCIATION, INC. Current Principal Place of Business: 231 S. LASALLE STREET 2050 CHICAGO, IL 60604 Current Mailing Address: 231 S. LASALLE STREET 2050 CHICAGO, IL 60604 FEI Number: 36-2369301 Name and Address of Current Registered Agent: CORPORATION SERVICE COMPANY 1201 HAYS STREET TALLAHASSEE, FL 32301-2525 US FILED Apr 27, 2015 Secretary of State CC0073048175 Certificate of.Statu- Desired: No The above named entity submits this.statemenf for the purpose of changing Its registered office or registered agent, or both, in e State of Florida, SIGNATURE: Electronic Signature of Registered Agent Date Officer/Director Detail : Title EVP Title PRES Name WOLD, NELSON Name DAMMRICH, HOMAS Address 231 S, LASALLE STREET #2050 Address 231 S. LAS LE STREET #2050 City -State -Zip: CHICAGO IL 60604 City -State -Zip: CHICAGO L 60604 Title CFO Name BOSKEY, •CRAIG Address 231 S, LASALLE STREET #2050 City -State -Zip: CHICAGO IL 60604 I hereby certify that the Information Indicated on this report or supplemental report Is true and accurate and that my electronic signature shall have the same legal effect as II made under oath; that 1 am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 617, riptide Statutes; and that my.name appears above, or on an attachment with all other like empowered, SIGNATURE: CRAIG BOSKEY CFO 04/27/2015 Electronic Signature of Signing Officer/Director Detail Date