Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
25079
AGREEMENT INFORMATION AGREEMENT NUMBER 25079 NAME/TYPE OF AGREEMENT CASA NEOS MIAMI, LLC DESCRIPTION REVOCABLE LICENSE AGREEMENT/20 SW NORTH RIVER DRIVE, MIAMI FLORIDA/MATTER ID: 24-1172 EFFECTIVE DATE July 12, 2024 ATTESTED BY TODD B. HANNON ATTESTED DATE 7/12/2024 DATE RECEIVED FROM ISSUING DEPT. 7/16/2024 NOTE DOCUSIGN AGREEMENT BY EMAIL Docusign Envelope ID: E1369651-4562-45C6-AC04-0AF5663BE3B9 CITY OF MIAMI DOCUMENT ROUTING FORM ORIGINATING DEPARTMENT: DREAM DEPT. CONTACT PERSON: Yunior Santana EXT. (305)960-4686 NAME OF OTHER CONTRACTUAL PARTY/ENTITY: CASA NEOS Miami IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? ❑ YES ❑ NO TOTAL CONTRACT AMOUNT: $ FUNDING INVOLVED? ❑ YES ❑ NO TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT ❑ PROFESSIONAL SERVICES AGREEMENT ❑ GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ LICENSE AGREEMENT OTHER: (PLEASE SPECIFY) User Agreement PURPOSE OF ITEM (BRIEF SUMMARY): Revocabl e ❑ PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT License Agreement COMMISSION APPROVAL DATE: / / FILE ID: ENACTMENT NO.: IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: This is a theater event which the use is consistent with the function of the facility ROUTING INFORMATION Date PLEASE PRINT AND SIGN APPROVAL BY DEPARTMENTAL DIRECTOR May 31, 2024 20:27:06 EDT PRINT: Andrew Frey SIGNATURE: "—DocuSigned b AA.tre,..1 Fl `-9ne076E0cF7 SUBMITTED TO RISK MANAGEMENT June 2, 2024 I 15:50:53 EDT PRINT: Ann -Marie Sharpe SIGNATURE: —DocuSigned FratAk `-27395C6:11-82 SUBMITTED TO CITY ATTORNEYps Matter ID#: 24-1172 a July 9, 2024 I 18:27:20 EDT PRINT: George K Wysong SIGNATURE:a{,brot, ,—DocuSigned b '—RR776F9FFRR APPROVAL BY ASSISTANT CITY MANAGED Ju y 10, 2024 I 14:17:48 EDTSIGNATURE: PRINT: Larry Spring ,DocuSigned b. -''„^ bofrui sr `—C9D2602B97E RECEIVED BY CITY MANAGER July 11, 2024 I 12:25:51 EDT PRINT: Arthur Noriega SIGNATURE: r—DocuSignedb Arai' PorieS `-85nrFSCR7anu July 12, 2024 I 18 : 30 :12 EDT PRINT: Todd Hannon SIGNATURE: PRINT: SIGNATURE: PRINT: SIGNATURE: DocuSigned by: 1) ONE ORIGINAL TO CITY CLERK, G=1- E46D7560ncF145s 2) ONE COPY TO CITY ATTORNEY'S OFFICE, 3) REMAINING ORIGINAL(S) TO ORIGINATING DEPARTMENT ey 4C0... 144(17 4E7 8B 4D4 42A PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER Docusign Envelope ID: E1369651-4562-45C6-AC04-0AF5663BE3B9 Docusign Envelope ID: E1369651-4562-45C6-AC04-0AF5663BE3B9 REVOCABLE LICENSE AGREEMENT July 12, 2024 1 18:30:12 EDT This Revocable License Agreement ("Agreement") is made and entered into this day of May, 2024 ("Effective Date"), by and between the CITY of Miami a municipal corporation of the State of Florida, with address at 444 SW 2nd Avenue Miami, FL 33130 ("CITY") and Casa NEOS Miami, LLC, with address at 800 Lincoln Road, Miami Beach, Florida ("LICENSEE") (collectively the "Parties"). RECITALS WHEREAS, the CITY is the owner of real PREMISES located at 20 SW North River Drive, Miami, Florida with Folio No.: 01-4137-036-0090 (hereinafter the "PREMISES"), more fully described in Exhibit "A," attached hereto; and WHEREAS, the LICENSEE requests permission to use the Premises for the purpose of holding/hosting a grand opening for the Riviera Dining Group (hereinafter referred to as the "EVENT"),from June 7, 2024 thru August 7, 2024, (hereinafter referred to as the "TERM"). The TERM is further defined in the Temporary Event Permit (TEP) Applications attached hereto Exhibit "B;" and WHEREAS, the Parties desire to enter into this Agreement to outline the terms of such use; and WHEREAS, this Agreement is personal to the LICENSEE, non -assignable, revocable -at - will by the CITY, and does not convey any real PREMISES interest, leasehold, possessory interest, or exclusive access to the PREMISES; NOW, THEREFORE, in consideration of the covenants and agreements hereinafter set forth, the CITY hereby grants unto LICENSEE the privilege of entry upon the PREMISES, for the purpose of conducting the EVENT, on the terms and conditions set forth in this Agreement. 1. Incorporation of Recitals and Exhibits The Recitals are true and correct and are hereby incorporated into and made a part of this Agreement. The following exhibits are attached hereto and are hereby incorporated into and made a part of this Agreement: EXHIBIT A — DESCRIPTION OF PREMISES EXHIBIT B — TEMPORARY EVENT PERMIT (TEP) APPLICATION(S) EXHIBIT C — CORPORATE RESOLUTION EXHIBIT D — INSURANCE REQUIRMENTS 1 Docusign Envelope ID: E1369651-4562-45C6-AC04-0AF5663BE3B9 In the event of a conflict between the provisions of this Agreement or any of its exhibits, the conflict shall be resolved in favor of this Agreement then the priority order indicated above. 2. Purpose The CITY, as the rightful owner of the PREMISES, recognizes that the PREMISES are currently not required by any CITY office or department for municipal purposes. LICENSEE seeks to utilize the PREMISES to host a grand opening event as more fully set forth herein (hereinafter the "Permitted Uses"). Acknowledging the value of these initiatives, the CITY is prepared to support the LICENSEE's efforts by permitting the occupation and utilization of the PREMISES exclusively for the Permitted Uses under the stipulated terms and conditions set forth herein. The LICENSEE's occupancy is expressly limited to these Permitted Uses, with any deviation requiring prior written consent from the CITY Manager, who retains the right to grant or withhold such consent at his/her sole discretion. 3. Interest Conferred by Agreement The CITY grants LICENSEE a non-exclusive, revocable -at -will license to occupy and use the PREMISES, solely for the limited and specific purposes of conducting the Permitted Uses. It is expressly understood by the Parties that this Agreement constitutes a revocable -at -will license, not a lease, and as such, conveys no leasehold, ownership, exclusive possession, or other real PREMISES interest to the LICENSEE. 4. Event and Use Period The EVENT, which is to take place on the PREMISES, shall commence at 7:00 a.m. on June 7, 2024 for set-up and terminate no later than 12:00 p.m. on August 7, 2024 for load- out/breakdown (hereinafter referred to as the "USE PERIOD.") Further, the LICENSEE acknowledges that standard hours of operations for noise/sound allow for noise/music until 11:00 p.m. for Sunday through Thursday, and until 12:00 a.m. for Friday and Saturday. LICENSEE hereby agrees the EVENT shall terminate as outlined in the USE PERIOD. A time overage fee of $5,000.00 for every day, or a fraction thereof, and beyond contracted, stated end time will apply. If the EVENT or load-out/breakdown continues beyond the above - mentioned end times, LICENSEE is responsible under this Agreement for all other fees and costs incurred as a result. Upon the EVENT'S conclusion the LICENSEE will diligently and continuously work to finish the load-out/breakdown of the EVENT, subject to the CITY's sole and absolute approval, 2 Docusign Envelope ID: E1369651-4562-45C6-AC04-0AF5663BE3B9 which may be withheld. LICENSEE shall make a qualified representative available (for whom the CITY shall retain approval rights) to review, discuss and implement a course of action as a result of damages, if any, to the PREMISES. Unless otherwise specifically provided hereunder, LICENSEE shall be completely responsible for the production, coordination and management of the EVENT, at its sole cost and expense. This Agreement may be renewed for an additional USE PERIOD upon written approval of the City Manager, provided that LICENSEE is in compliance with all aspects of this Agreement, including but not limited to obtaining the required temporary event permit(s). 5. Compliance with Permit and Laws LICENSEE represents and warrants that during the term of this Agreement, in connection with the EVENT, it will obtain and maintain all required permits and approvals. LICENSEE represents and warrants that during the teen of this Agreement it will not use or employ the PREMISES, or any other CITY owned PREMISES, to handle, transport, store or dispose of any hazardous materials and that it will not conduct any activity on PREMISES or CITY owned PREMISES in violation of any applicable environmental laws. LICENSEE represents and covenants that it will comply with all applicable laws, codes and ordinances, including, but not limited to, the Americans with Disabilities Act ("ADA"), all laws prohibiting discrimination and environmental laws. LICENSEE accepts this Agreement and hereby acknowledges that LICENSEE's strict compliance with all applicable federal, state and local laws, ordinances and regulations is a condition of this Agreement, and LICENSEE, and any of its employees, agents or performers, shall comply therewith as the same presently exist and as they may be amended hereafter. This Agreement shall be construed and enforced according to the lawsof the State of Florida. Further, the LICENSEE, and any of its employees, agents or performers, hereby agrees to comply with all regulations regarding travel to and from the United States as promulgated by the U.S. Department of Treasury, Office of Foreign Assets Control ("OFAC") and the U.S. Department of State. Violation of any federal, state and local law shall subject the LICENSEE to immediate cancellation of this Agreement. 3 Docusign Envelope ID: E1369651-4562-45C6-AC04-0AF5663BE3B9 6. Use Fee In consideration of the use of the PREMISES, LICENSEE shall pay to the CITY, a Use Fee which is the sum of the Use Fee and additional charges, if any. The Use Fee for the use of the PREMISES shall be Two Thousand Four Hundred Seventy-seven Dollars and 00/100 ($2,477.00), plus any applicable state taxes, for each month or any portion thereof that LICENSEE uses/occupies the PREMISES. Except as otherwise specifically provided herein, LICENSEE shall be responsible for all costs involved in the presentation of the EVENT, including without limitation: all BMI and ASCAP license fees, all staffing and all charges for police, fire rescue and inspector and/or assembly permit, security, building electrical and plumbing permits, insurance, all utilities, supplies, equipment rental, ticket surcharge, all applicable taxes, including State of Florida Sales Tax and other services, except those which are furnished by the CITY and are included in the USE FEE. 7. Terms of Payment LICENSEE shall submit to the CITY, in the form of cashier's check or money order, prior to the commencement of the EVENT, the Use Fee to: City of Miami — Depailiuent of Finance Attn: Cash Receipts Section 444 Southwest 2nd Avenue, 6th Floor Miami, Florida 33130 8. Condition of Premises and Maintenance The LICENSEE accepts the PREMISES as it currently stands, "as is," acknowledging that it comes without any guarantees from the CITY concerning its condition, and irrespective of any latent or obvious defects. It is the LICENSEE's sole responsibility, at its own expense, to maintain the PREMISES in good condition, factoring in reasonable wear and tear. This includes, but is not limited to, keeping the PREMISES clean, safe, and sanitary, and making all necessary interior and exterior non-structural repairs that arise from the LICENSEE's use. The LICENSEE agrees to undertake any modifications needed to comply with CITY, County, and State regulations at its own cost. Except in cases of emergency which threaten injury or damage to person or PREMISES, any repairs exceeding one thousand dollars ($1,000.00) will require the CITY's written approval, which may be conditioned, denied, or withheld at its discretion. In the case of an emergency, the LICENSEE may proceed with necessary repairs but must notify the CITY as soon as reasonably possible. 4 Docusign Envelope ID: E1369651-4562-45C6-AC04-0AF5663BE3B9 9. Violations, Liens and Security Interests. The LICENSEE must ensure that no statutory, laborer's, material person, or construction liens are filed against the PREMISES, nor on any alterations made by LICENSEE. The LICENSEE has no authority to incur liens that would bind the CITY or the PREMISES and is obligated to prevent any such claims. If a lien is filed, the LICENSEE is required to resolve it within fifteen (15) days of becoming aware of the filing by either clearing the lien from the record or initiating proceedings to contest it. In cases where the LICENSEE opts to contest a lien, it must perform the following: (i) Notify the CITY in writing of its intent to contest; (ii) Proceed in good faith with the contest; and (ii) Provide and maintain a surety bond or other CITY -approved security covering 110% of the contested lien amount, including interest and costs. Should the LICENSEE fail to address any lien as specified, the CITY may, at its discretion and without being obliged to, intervene to clear the lien. Costs including, but not limited to, reasonable attorney's fees, incurred by the CITY in such cases will be charged to the LICENSEE as additional payments under this Agreement. 10. City Access to the Premises The CITY, including its agents, employees, and contractors, shall have the right to access the PREMISES at all times, without restriction to normal business hours, for purposes including, but not limited to, inspecting the PREMISES, ensuring compliance with this Agreement and applicable laws, showing the PREMISES to prospective buyers, LICENSEEs, or leasees, performing any obligations of LICENSEE that it has failed to perform, and any other purpose as may be deemed necessary. The CITY will endeavor to provide at least twenty-four (24) hours' notice of its intention to access the PREMISES, except in emergencies or where such notice is impracticable. The LICENSEE may, at its option, be present during any such access. Notwithstanding the above, the CITY's right to access the PREMISES for inspection purposes shall not be construed as an obligation to conduct such inspections. The CITY shall not be liable for any failure to identify or communicate defects or compliance issues during inspections, nor shall it be liable for any loss or damage to the LICENSEE by reason of exercising its right to access the PREMISES. 5 Docusign Envelope ID: E1369651-4562-45C6-AC04-0AF5663BE3B9 11. Indemnification and Hold Harmless. The LICENSEE agrees to indemnify, defend, and hold harmless, the CITY, its officials, employees, and agents (collectively "Indemnitees") from all losses, costs, penalties, fines, damages, claims, expenses, including, but not limited to, reasonable attorney's fees, or liabilities (collectively "Liabilities") that arise from any injury, death, or damage to person or PREMISES in connection with (i) the LICENSEE's performance or nonperformance of its obligations contemplated by this Agreement, caused directly or indirectly by LICENSEE or its employees, agents, subcontrators, or invitees, regardless of whether its alleged that the Indemnitees contributed to the Liabilities; or (ii) the LICENSEE's failure to adhere to any agreement terms or to comply with statutes, ordinances, codes, rules, or regulations in connection with this Agreement. In the event the CITY becomes aware of a Liability for which this indemnification would apply, it will promptly inform the LICENSEE. The LICENSEE agrees to intervene, if necessary, and select defense counsel that is satisfactory to the CITY Attorney, approval of which shall not be unreasonably withheld. The LICENSEE will proceed with the defense in good faith and may not settle any claim without the CITY Attorney's written consent, which shall not be unreasonably withheld. Furthermore, the LICENSEE acknowledges that being permitted to use and occupy the PREMISES is sufficient consideration from the CITY for this indemnification, which shall survive the termination or expiration of this Agreement. Nothing contained herein shall be construed to operate as a waiver of sovereign immunity beyond the limitations set forth in Section 768.28, Florida Statutes. 12. Insurance. LICENSEE, at its sole cost, shall obtain and maintain in full force and effect at all times throughout the period of this Agreement, insurance policies that satisfy the requirements as set forth in Exhibit "C" attached hereto and made a part hereof. 13. No Liability. In no event shall the CITY be liable or responsible for injury, loss or damage to the PREMISES, improvements, fixtures and/or equipment belonging to or rented by LICENSEE, 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 6 Docusign Envelope ID: E1369651-4562-45C6-AC04-0AF5663BE3B9 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 LICENSEE 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 upon other portions of the PREMISES or from other sources. LICENSEE indemnifies the CITY, its officers, agents and employees from and against any and all such claims even if the claims, costs, liabilities, suits, actions, damages or causes of action arise from the negligence or alleged negligence of the CITY, including any of its employees, agents, or officials. LICENSEE further acknowledges that as lawful consideration for being granted the right to utilize and occupy the PREMISES, LICENSEE, on behalf of himself, his agents, invitees, and employees, does hereby release from any legal liability the CITY, its officers, agents, and employees, from any and all claims for injury, death, or PREMISES damage resulting from LICENSEE's use of the PREMISES. 14. Safety. LICENSEE will allow CITY inspectors, agents or representatives the ability to monitor its compliance with safety precautions as required by federal, state or local laws, rules, regulations, and ordinances. By performing these inspections, the CITY, its agents, or representatives are not assuming any liability by virtue of these laws, rules, regulations, and ordinances. LICENSEE shall have no recourse against the CITY, its agents, or representatives from the occurrence, nonoccurrence or result of such inspection(s). Upon issuance of a notice to proceed, the LICENSEE shall contact the Risk Management Department at (305) 416-1700 to schedule the inspection(s). 15. Taxes and Fees. LICENSEE shall pay before any fine, penalty, interest or costs is added for nonpayment, any and all charges, fees, taxes, impositions, or assessments levied against the PREMISES (collectively Assessments), its proportionate share of use of the PREMISES and/or against personal PREMISES of any kind, owned by or placed in, upon or about the PREMISES by LICENSEE, including, but not limited to, ad valorem taxes, fire fees, if any, and parking surcharges. 7 Docusign Envelope ID: E1369651-4562-45C6-AC04-0AF5663BE3B9 In the event LICENSEE appeals an Assessment, LICENSEE shall immediately notify the CITY Manager of its intention to appeal said Assessment and shall furnish and keep in effect a surety bond of a responsible and substantial surety company reasonably acceptable to the CITY Manager, or his/her authorized designee, or other security reasonably satisfactory to the CITY Manager, or his/her authorized designee, in an amount sufficient to pay one hundred percent (100%) of the contested Assessment with all interest on it and costs and expenses, including reasonable attorneys' fees to be incurred in connection with it. 16. Revocation or Termination. (i) Revocation by Request of Either Party Without Cause. The CITY may revoke this Agreement at any time without cause by giving not less than (10) days written notice to the LICENSEE prior to the effective date of the revocation. This is a revocation for convenience clause and neither party shall have any recourse against the other party due to the exercise of such revocation provided; however, that LICENSEE must pay its fees due to the CITY under this Agreement through the effective date of such revocation. The LICENSEE may terminate this Agreement at any time without cause by giving not less than ten (10) days written notice to the CITY prior to the effective date of the termination. LICENSEE must pay its fees due to the CITY under this Agreement through the effective date of such termination. (ii) Immediate Revocation by CITY If at the sole and complete discretion of the CITY Manager, LICENSEE in any manner violates the restrictions, terms, and conditions of this Agreement, then, and in the event, after five (5) days written notice given to LICENSEE by the CITY Manager within which to cease such violation or correct such deficiencies or begin to correct deficiencies that are by their nature not correctable within five (5) days, and upon failure of LICENSEE to do so after such written notice within said five (5) day period, this Agreement shall be automatically revoked without the need for further action by the CITY. Upon such automatic revocation, LICENSEE shall abide by the terms of Paragraphs 6. 17. 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 CITY and LICENSEE at the address indicated herein or as the same 8 Docusign Envelope ID: E1369651-4562-45C6-AC04-0AF5663BE3B9 may be changed in writing 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 day after being posted or the date of actual receipt, whichever is earlier: AS TO LICENSEE: Case NEOS Miami, LLC 800 Lincoln Road Miami Beach, Florida 33139 WITH A COPY TO: CITY Attorney 444 SW 2nd Avenue, Suite 945 Miami, Florida 33130 AS TO THE CITY: Depailcuent of Real Estate Management CITY of Miami 3500 Pan American Drive Miami, Florida 33133 18. Hazardous Materials. The LICENSEE 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 and administrative actions and orders relating to hazardous materials ("Hazardous Materials Laws"), including, without limitation, any Hazardous Materials 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" (collectively "Hazardous Materials"), under any such laws, ordinances or regulations. The LICENSEE shall, at its sole cost and expense, procure, maintain in effect and comply with all conditions of any and all permits, licenses and other governmental and regulatory approvals relating to the presence of Hazardous Materials within, on, under or about the PREMISES or required for the LICENSEE's use 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 revocation or expiration of this Agreement, the LICENSEE shall, at its sole cost and expense, cause all Hazardous Materials, including their storage devices, placed in or about the PREMISES by the LICENSEE or at the LICENSEE'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 LICENSEE 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 Paragraph shall survive the revocation or expiration of this Agreement. 9 Docusign Envelope ID: E1369651-4562-45C6-AC04-0AF5663BE3B9 The CITY represents that: (i) To the best of its knowledge there are no environmental violations, whether under federal, state, or local laws, existing on the PREMISES; and (ii) To the best of its knowledge there are no Hazardous Materials presently existing on the PREMISES. 19. Radon Gas. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. LICENSEE may, have an appropriately licensed person test the PREMISES for radon. If the radon level exceeds acceptable EPA standards, the CITY may choose to reduce the radon level to an acceptable EPA level, failing which either party may cancel this License. 20. Licenses, Authorizations and Permits. LICENSEE shall obtain and maintain in full force and effect throughout the term of this Agreement, at its sole expense, all local, state, and federal licenses, authorizations and permits that are necessary for LICENSEE to conduct its commercial activities. LICENSEE shall be responsible for paying the cost of said applications and obtaining said licenses, authorizations and permits. 21. Compliance with all Applicable Laws. LICENSEE acknowledges and agrees to conduct its activities in strict compliance with all applicable federal, state, and local laws, codes, ordinances, and regulations as the same presently exist and as they may be amended hereafter. 22. Surrender of Premises. Upon early termination or revocation of this Agreement, the LICENSEE must peacefully surrender the PREMISES in good condition, including all alterations, fixtures, and improvements made upon the PREMISES. The LICENSEE is responsible for removing their personal PREMISES, trade fixtures, and equipment, and must repair any damage resulting from such removal. If the LICENSEE fails to make repairs within ten (10) days of receiving written notice from the CITY, the CITY may undertake repairs at the LICENSEE's expense, with payment due within five (5) days of invoicing. Damage from moving LICENSEE's PREMISES in or out is excluded from ordinary wear and tear. The CITY may require the PREMISES to be restored to 10 Docusign Envelope ID: E1369651-4562-45C6-AC04-0AF5663BE3B9 its pre-existing condition. If the LICENSEE does not remove their PREMISES within the specified notice period, it will be considered abandoned and become the CITY's PREMISES. The CITY may then remove or dispose of these items at the LICENSEE's expense, without liability. 22. Severability. It is the express intent of the parties that this Agreement constitutes a license and not a lease. 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 a license, has been created, then such provision shall be interpreted in the light most favorable to the creation of a license, 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 license, 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. With regard to those provisions which do not affect the parties intent for this Agreement, should any provision, section, 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, section, 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. 23. No Assignment or Transfer. LICENSEE cannot assign or transfer its privilege of occupancy and use granted unto it by this Agreement. Any assignment, sale or disposition of this Agreement or any interest therein by LICENSEE shall result in the automatic revocation of this Agreement without notice by the CITY. 24. Public Records. LICENSEE understands that the public shall have access, at all reasonable times, 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. IF LICENSEE HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, 11 Docusign Envelope ID: E1369651-4562-45C6-AC04-0AF5663BE3B9 FLORIDA STATUTES, TO LICENSEE'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (305) 416-1800, VIA EMAIL AT PUBLICRECORDS@MIAMIGOV.COM, OR REGULAR EMAIL AT CITY OF MIAMI OFFICE OF THE CITY ATTORNEY, 444 SW 2ND AVENUE, 9TH FL, MIAMI, FL 33130. LICENSEE MAY ALSO CONTACT THE RECORDS CUSTODIAN AT THE CITY OF MIAMI DEPARTMENT WHO IS ADMINISTERING THIS AGREEMENT. 25. Conflict of Interest. LICENSEE is aware of the conflict of interest laws of the CITY of Miami (Miami CITY Code Chapter 2, Article V), Miami -Dade County, Florida (Miami -Dade County Code, Section 2- 11.1 et. seq.) and of the State of Florida as set forth in the Florida Statutes, as amended, and agrees that it will fully comply in all respects with the terms of said laws and any future amendments thereto. LICENSEE covenants that no person or entity under its employ, presently exercising any functions or responsibilities in connection with this Agreement, has any personal financial interests, direct or indirect, with the CITY. LICENSEE further covenants that, in the performance of this Agreement, no person or entity having such conflicting interest shall be utilized in respect to services provided hereunder. Any such conflict of interest(s) on the part of LICENSEE, its employees or associated persons, or entities must be disclosed in writing to the CITY. 26. Americans with Disabilities Act. LICENSEE shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act ("ADA") in the course of providing any work, labor or services funded by the CITY including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability) and all applicable regulations, guidelines and standards. Additionally, LICENSEE shall take affirmative steps to ensure nondiscrimination in employment of disabled persons. 27. Nondiscrimination. In the performance of this Agreement or any extension thereof, LICENSEE and/or its authorized agents shall not discriminate in connection with its occupancy and use of the PREMISES and improvements thereon, or against any employee or applicant for employment because of race, ancestry, national origin, color, sex, religion, age, disability, familial status, marital status or sexual orientation. LICENSEE and/or its authorized agents will ensure that its employees are fairly treated during employment without regard to their race, national origin, 12 Docusign Envelope ID: E1369651-4562-45C6-AC04-0AF5663BE3B9 ancestry, color, sex, religion, age, disability, familial status, marital status or sexual orientation. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation. 28. Governing Law This Agreement shall be construed and enforced according to the laws of the State of Florida. 29. Venue and Attorneys' Fees. Any dispute or civil action herein shall be resolved in the courts of Miami -Dade County, Florida. The parties shall attempt to mediate any dispute without litigation. If the parties agree to mediate any such dispute the standards and procedures of set forth in Chapter 44, Florida Statutes, "Mediation Alternatives to Judicial Action", as amended, will apply. However, this is not intended to establish mediation as a condition precedent before pursuing specific performance, equitable or injunctive relief.In the event it becomes necessary for either party to institute legal proceedings to enforce the provisions of this Agreement, each party shall bear its own attorneys' fees. 30. Waiver of Jury Trial. The parties hereby knowingly, irrevocable, 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 ofjury trial provision is a material inducement for the CITY and LICENSEE entering into the subject transaction. 31. Waiver. 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 express in writing. 32. Time of Essence. It is expressly agreed by the parties hereto that time is of the essence with respect to this Agreement. If the final day of any period falls on a weekend or legal holiday, then the final day of said period or the date of performance shall be extended to the next business day thereafter. 13 Docusign Envelope ID: E1369651-4562-45C6-AC04-0AF5663BE3B9 33. No Interpretation Against Draftsmen. The Parties agree that no provision of this Agreement shall be construed against any particular party and each party shall be deemed to have drafted this Agreement. This Agreement is the result of negotiations between the Parties and has been typed/printed by one party for the convenience of both Parties, and the Parties covenant that this Agreement shall not be construed in favor of or against either of the Parties. 34. Amendments. This Agreement may be amended only by written document, properly authorized, executed, and delivered by both parties hereto. For the CITY, appropriate authorization shall be constructed to mean appropriate formal action by the CITY Manager or the CITY Manager's designee, or if required by law, the Miami CITY Commission. 35. Further Acts. In addition to the acts and deeds recited herein and contemplated to be performed, executed and/or delivered by the Parties, the Parties each agree to perform, execute and/or deliver or cause to be performed, executed and/or delivered any and all such further acts, deeds and assurances as may be necessary to consummate the transactions contemplated hereby. 36. Third Party Beneficiary. This Agreement is solely for the benefit of the Parties hereto and no third party shall be entitled to claim or enforce any rights hereunder. 37. No Partnership. Nothing contained herein shall make, or be construed to make any party a principal, agent, partner or joint venture of the other. 38. Headings. Title and paragraph headings are for convenient reference and are not a part of this Agreement. 39. Authority. Each of the Parties hereto acknowledges it is duly authorized to enter into this Agreement and that the signatories below are duly authorized to execute this Agreement in their respective behalf. 40. Entire Agreement. The Parties hereto agree that this License set forth the entire agreement between the Parties, and there are no promises or understandings other than those stated herein. None of the 14 Docusign Envelope ID: E1369651-4562-45C6-AC04-0AF5663BE3B9 provisions, terms and conditions contained in this License may be added to, modified, superseded, or otherwise altered, except as may be specifically authorized herein or by written instrument executed by the Parties hereto. 41. Electronic Signatures/Counterparts. This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Agreement. The Parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF, or other email transmission), which signature shall be binding on the Party whose name is contained therein. Any Party providing an electronic signature agrees to promptly execute and deliver to the other Parties an original signed Agreement upon request. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] 15 Docusign Envelope ID: E1369651-4562-45C6-AC04-0AF5663BE3B9 IN WITNESS WHEREOF, the parties hereto have individually and through their proper corporate official executed the Agreement, this the day and year first written. LICENSEE: Witness 1: By: 1—DocuSigned by: Fabian auArfibtA, E0A0230928E4410... CASA NEOS MIAMI, LLC —DocuSigned by: By ' ` �r� ;a(,y —EDF:OBD 8408438... Name: Fabien Guardiola Name: Gregory Galy May 31, 2024 1 06:28:27 PDT Witness 2: II :ocuSigned by: I airo -;a1 By' AF9O.B16.E'19iA4CF... Name: Marine Giron-Galy May 31, 2024 1 21:39:23 CEST Title: Manager/Member May 30, 2024 1 16:10:35 EDT 16 Docusign Envelope ID: E1369651-4562-45C6-AC04-0AF5663BE3B9 1 DocuSigned by: ATTEST: DocuSigned by: BY: - \ F46f175601CF1454 CITY OF MIAMI, a municipal corporation of the State of Florida BY: LADocuSignedby: Arl" NoneSR 850CF6C372DD42A... Todd Hannon Arthur Noriega,V City Clerk City Manager July 12, 2024 1 18:30:12 EDT July 11, 2024 1 12:25:51 EDT APPROVED AS TO INSURANCE APPROVED AS TO FORM AND REQUIREMENTS: CORRECTNESS: BY: June ,-DocuSigned by: FratAk 27-3.95Cf .31.82.14.E7 Ann -Mane Sharpe, Director Risk Management 2, 2024 1 15:50:53 EDT ,-DocuSigned by: at-Ori . hisaw lfl By: _uu77fiE9FF882488 George K. Wysong III #24-1172/PMA r .Q City Attorney l ' July 9, 2024 1 18:27:20 EDT 17 Docusign Envelope ID: E1369651-4562-45C6-AC04-0AF5663BE3B9 EXHIBIT A - DESCRIPTION OF PROPERTY Folio Number: 01-4137-036-0090 Docusign Envelope ID: E1369651-4562-45C6-AC04-0AF5663BE3B9 OFFICE OF THE PROPERTY APPRAISER Summary Report PROPERTY INFORMATIO Folio 01-4137-036-0090 Property 20 NW NORTH RIVER DR Address MIAMI, FL 33130-0000 Owner CITY OF MIAMI Mailing 444 SW 2ND AVE 3RD FLOOR Address MIAMI, FL 33130-1910 Primary Zone 6110 COMM/RESIDENTIAL-DESIGN D Primary Land Use - GOVERNMENTAL Beds / Baths /Half Floors 0 8080 VACANT GOVERNMENTAL : VACANT LAND 0/0/0 Living Units 0 Actual Area 0 Sq.Ft Living Area 0 Sq.Ft Adjusted Area 0 Sq.Ft Lot Size 2,890 Sq.Ft Year Built 0 �`�9#Xy41�iI11iIdi1�14LllfIli� Year Land Value Building Value Extra Feature Value Market Value Assessed Value 2023 $303,450 $0 2022 $303,450 $0 $0 $0 $303,450 $303,450 $303,450 $303,450 2021 $303,450 $0 $0 $303,450 $303,450 ■;1 141)14I I I1::LJ[i1' RP Benefit Type Municipal Exemption $303,450 $303,450 $303,450 2023 2022 2021 Note: Not all benefits are applicable to all Taxable Values (i.e. County, School Board, City, Regional). SHORT LEGAL DESCRIPTION PB 4-68 MIAMI NORTH RE -SUB OF BLK 138 A STRIP OF LAND 70FT WIDE LYG S OF N/L & N OF S/L OF FLAGLER ST BTWN W/R/W/L OF NW N RIVER Generated On: 05/17/2024 TAXABLE VALUE INFORMATE Year 2023 2022 2021 COUNTY Exemption Value Taxable Value $303,450 $303,450 $303,450 $0 $0 $0 SCHOOL BOARD Exemption Value Taxable Value $303,450 $303,450 $303,450 $0 $0 $0 CITY Exemption Value Taxable Value $303,450 $303,450 $303,450 $0 $0 $0 REGIONAL Exemption Value Taxable Value $303,450 $303,450 $303,450 $0 $0 $0 SALES INFORMATION Previous Sale Price OR Book- Qualification Page Description The Office of the Property Appraiser is continually editing and updating the tax roll. This website may not reflect the most current information on record. The Property Appraiser and Miami -Dade County assumes no liability, see full disclaimer and User Agreement at http://www.miamidade.gov/info/disclaimer.asp Docusign Envelope ID: E1369651-4562-45C6-AC04-0AF5663BE3B9 EXHIBIT B - TEMPORARY EVENT PERMIT (TEP) APPLICATION(S) Docusign Envelope ID: E1369651-4562-45C6-AC04-0AF5663BE3B9 Temporary Event Permit (TEP) Application Submitted on Receipt number Related form version Tell us about yourself and the property 10 May 2024, 1:20PM TEP-772 27 What is the name of your event? CASA NEOS Miami Grand Opening What is your first name? Fabien What is your last name? Guardiola What is your phone number? [Please use a number that will 6463345541 work outside of business hours] What is your email? fabien@rivieradininggroup.com What is the exact address of the event? NOTE: Type slowly and 20 SW North River Dr, Miami, FL 33130, USA Map be sure to select a FULL ADDRESS (INCLUDING CITY, STATE, (25.7737377, -80.2006062) ZIP). (If it's a park, type the name of the park). IF YOU DO NOT INCLUDE A FULL ADDRESS, YOUR APPLICATION WILL BE SENT BACK TO YOU. What is your organization/company's name? CASA NEOS Miami LLC What is your company's address, if different from the event 2800 Biscayne Blvd, Suite PH, Miami, FL 33137, USA Map address? NOTE: Type slowly and be sure to select a FULL (25.8037143, -80.1895552) ADDRESS (INCLUDING CITY, STATE, ZIP). IF YOU DO NOT INCLUDE A FULL ADDRESS, YOUR APPLICATION WILL BE SENT BACK TO YOU. What is your relationship to the property? I am the owner Who is the property owner or registered agent for the property (full name)? Please provide a contact # for the property owner/registered agent (do not use dashes). If you have a permit runner, please provide their name here MVF Consulting Group Inc. Please provide a phone # for your permit runner 954.4108.274 Please provide an email for your permit runner diego@mvfcg.com What is the property's folio #? (Visit Miami Dade Property 01-4137-036-0088 Search to find this). 1 of 8 Docusign Envelope ID: E1369651-4562-45C6-AC04-0AF5663BE3B9 What is the first (or only) day of your event? (USE THE 06/25/2024 CALENDAR ICON, BELOW RIGHT). What time does your event start on Day 1? Please note AM/PM. 11:00 AM What time does your event end on Day 1? Please note AM/PM. 1:00 AM How many people are you expecting at your event on Day 1? 60 What day would you like to begin your staging/load-in 06/25/2024 process? (USE THE CALENDAR ICON, BELOW RIGHT). What time would you like to set up (please indicate AM/PM)? 7:00 AM What day would you like to do your load-out/breakdown? 07/08/2024 What time would you like to do your load-out/breakdown? 7:00 AM Is your event taking place on multiple days? (NOTE: An event Yes with multiple days MUST occur in the SAME Location. If not, you require a separate application). I Event Day 2 When is the second day of your event? 06/26/2024 What is the start time of day 2? (Please note AM/PM) 11:00 AM What is the end time of day 2? (Please note AM/PM) 1:00 AM How many people are you expecting at your event on Day 2? 60 Does your event have additional days? Yes Event Day 3 When is the third day of your event? 06/27/2024 What is the start time on day 3? (Please note AM/PM) 11:00 AM What is the end time on day 3? (Please note AM/PM) 1:00 AM How many people are you expecting at your event on Day 3? 60 Does your event have additional days? Yes Event Day 4 When is the fourth day of your event? 06/28/2024 2of8 Docusign Envelope ID: E1369651-4562-45C6-AC04-0AF5663BE3B9 What is the start time on day 4? (Please note AMIPM) 11:00 AM What is the end time on day 4? (Please note AMIPM) 1:00 AM How many people are you expecting at your event on Day 4? 60 Does your event have additional days? Yes Event Day 5 When is the fifth day of your event? What is the start time on day 5? (Please note AMIPM) 06/29/2024 11:00 AM What is the end time on day 5? (Please note AMIPM) 1:00 AM How many people are you expecting at your event on Day 5? 60 Does your event have additional days? Yes Event Day 6 When is the sixth day of your event? What is the start time on day 6? (Please note AMIPM) What is the end time on day 6? (Please note AMIPM) 06/30/2024 11:00 AM 1:00 AM How many people are you expecting at your event on Day 6? 60 Does your event have additional days? Yes Event Day 7 When is the seventh day of your event? 07/01/2024 What is the start time on day 7? (Please note AMIPM) 11:00 AM What is the end time on day 7? ((Please note AMIPM) 1:00 AM How many people are you expecting at your event on Day 7? 60 Does your event have additional days? Yes Event Day 8 When is the eight day of your event? 07/02/2024 3of8 Docusign Envelope ID: E1369651-4562-45C6-AC04-0AF5663BE3B9 What is the start time on day 8? (Please note AMIPM) 11:00 AM What is the end time on day 8? (Please note AMIPM) 1:00 AM How many people are you expecting at your event on Day 8? 60 Does your event have additional days? Yes Event Day 9 When is the ninth day of your event? 07/03/2024 What is the start time on day 9? (Please note AMIPM) 11:00 AM What is the end time on day 9? (Please note AMIPM) 1:00 AM How many people are you expecting at your event on Day 9? 60 Does your event have additional days? Yes Event Day 10 When is the tenth day of your event? 07/04/2024 What is the start time on day 10? (Please note AMIPM) 11:00 AM What is the end time on day 10? (Please note AMIPM) 1:00 AM How many people are you expecting at your event on Day 10? 60 Does your event have additional days? Yes Event Day 11 When is the 11th day of your event? 07/05/2024 What is the start time on day 11? (Please note AMIPM) 11:00 AM What is the end time on day 11? (Please note AMIPM) 1:00 AM How many people are you expecting at your event on Day 11? 60 Does your event have additional days? Yes Event Day 12 When is the 12th day of your event? 07/06/2024 4of8 Docusign Envelope ID: E1369651-4562-45C6-AC04-0AF5663BE3B9 What is the start time on day 12? (Please note AM/PM) What is the end time on day 12? (Please note AM/PM) How many people are you expecting at your event on Day 12? Does your event have additional days? Event Day 13 11:00 AM 1:00 AM 60 Yes When is the 13th day of your event? 07/07/2024 What is the start time on day 13? (Please note AM/PM) 11:00 AM What is the end time on day 13? (Please note AM/PM) 1:00 AM How many people are you expecting at your event on Day 13? Does your event have additional days? Event Day 14 60 Yes When is the 14th day of your event? 07/08/2024 What is the start time on day 14? (Please note AM/PM) 11:00 AM What is the end time on day 14? (Please note AM/PM) 1:00 AM How many people are you expecting at your event on Day 14? I We need some additional details 60 How many people will be attending the event? If you've hosted this event in prior years, what was the last attendance? Please summarize/describe the nature of the event including costs of admission, inventory value, number of seats, number of employees, etc. The more details you include, the less questions we will have to ask when we review your application. What is the name of the primary contact person (on -site) for the day(s) of the event, if it's someone other than yourself? 60 No. This special event application is for the purpose of extending our existing property (40SW North River Drive) to the parcel next to it (20 SW River Drive) so we can host our Grand Opening. There will not be no admission cost, neither an inventor value. We will be adding square footage to our existing property and will take all the safety measure necessary (handrail or planters protecting from existing seawall, Egress and security). We will add more restaurant tables and seats to this property (appx 60 seats more) and will improve / maintain the current state of the parcel by level the ground and adding vegetation. Fabien Guardiola We need some additional details 5 5of8 Docusign Envelope ID: E1369651-4562-45C6-AC04-0AF5663BE3B9 What is the primary contact's cell phone number? 6463345541 What is the email for the primary contact? fabien@rivieradininggroup.com Are there additional people we can contact on the day of the Yes event? What is the name of secondary contact person for the day of Gregory Galy the event? What is the phone number of the secondary contact person for 6467506765 the day of the event? Are you or any organizers/staff or guests of this event staying No at a hotel in the area? What is the estimated accomodation budget for the organizers $0.00 of this event? How many local people will be hired for this event? (estimate) 300 Employees for the entire premise. Is this event free to the public? No Are you requesting to fence this event? No Will staging items be used at your event? Please check all that None apply. For any item checked above, please describe the items you will N/A be using and the size of each. Is your event being a hosted by a non-profit organization? No Will you need any of the following items from the Parks Department? Please check all that apply. (NOTE: You will need to make a separate request with the Parks Department). Food, Beverage & Entertainment None What type of music will you have? DJ Please name and describe the music/performer(s) who will be We will be using one of our local resident DJs. entertaining at this event. WILL FOOD, SOFT DRINKS (WATER, SODA, JUICE, ETC.) OR Yes ANYTHING ELSE BE SOLD DURING YOUR EVENT? NOTE: This does not apply to liquor - that is a separate question. PLEASE LIST THE TOTAL NUMBER OF VENDORS YOU WILL 20 BE USING: (IF NONE, PLEASE TYPE '0'). WILL ALCOHOL (INCLUDING BEER/WINE) BE SERVED AT Yes YOUR EVENT? Alcohol sale during a special event must end at 3:OOAM. (Unless otherwise noted, i.e. in case of emergency 6of8 Docusign Envelope ID: E1369651-4562-45C6-AC04-0AF5663BE3B9 orders). WILL THERE BE A CHARGE FOR THE ALCOHOL? Alcohol sale Yes during a special event must end at 3:OOAM. Unless otherwise noted. Will food trucks be used at your event? No Please list the total number of food truck vendors you will be N/A using (or write N/A). WILL ANYONE BE USING ANY OF THE FOLLOWING FOR None COOKING OR HEATING FOOD? PLEASE CHECK ALL THAT APPLY. NOTE: Any of these items must be certified non- flammable and you must furnish a copy of the certificate to the City of Miami Fire Department. Will fireworks/pyrotechnics be used during this event? If so, No you have to get a fireworks permit which can be found at miamigov.com/fireworks. Please describe the fireworks/pyrotechnics and location(s) that you will use them. Advertising & Social Media Please list all Social Media handles (Instagram, Twitter, Instagram, Website. Facebook, etc.) that will be used for this event. Please list any print advertising that will be used for this event. N/A (Fliers, Magazines, Newspapers, Publication as well as date and description). Please list any other advertising (radio, TV, etc.) that will be N/A used for this event. Document Submission Please upload a site plan showing (as required) property boundaries, existing and proposed structure(s), parking, landscaping, screening, etc., with dimensions and computation of lot area, floor area ratio, lot coverage, etc. Casa Neos City Parcel.pdf Please upload a letter of intent describing the event. Letter of Intent.pdf Please upload proof of ownership (if you are the property owner) OR a notiarized letter of consent from the property owner giving the applicant permission to host this event. Copy. pdf Please uploading your parking/ride share plan. CN-ParkingAgreementRenewaI20230531(Executed).pdf Parking Plan.pdf Please upload the INDEMNITY AGREEMENT. This can be digitally notarized or a copy of your physically notarized document. You can find the document at www.miamigov.com/TEP indemnity 06 26 24 - 07 08 24 pdf 7of8 Docusign Envelope ID: E1369651-4562-45C6-AC04-0AF5663BE3B9 Please upload your Fire Department questionairre (you can find this at Miamigov.com/TEP) Please upload your Life Safety Plan. Please sign here. Fire Department Questionnaire pdf Casa Neos City Parcel pdf Link to signature 8of8 Docusign Envelope ID: E1369651-4562-45C6-AC04-0AF5663BE3B9 Temporary Event Permit (TEP) Application Submitted on Receipt number Related form version Tell us about yourself and the property 7 May 2024, 4:26PM TEP-764 27 What is the name of your event? CASA NEOS Miami What is your first name? Fabien What is your last name? Guardiola What is your phone number? [Please use a number that will 6463345541 work outside of business hours] What is your email? fabien@rivieradininggroup.com What is the exact address of the event? NOTE: Type slowly and 20 SW North River Dr, Miami, FL 33130, USA Map be sure to select a FULL ADDRESS (INCLUDING CITY, STATE, (25.7737377, -80.2006062) ZIP). (If it's a park, type the name of the park). IF YOU DO NOT INCLUDE A FULL ADDRESS, YOUR APPLICATION WILL BE SENT BACK TO YOU. What is your organization/company's name? CASA NEOS Miami LCC What is your company's address, if different from the event 2800 Biscayne Blvd, Miami, Suite PH, FL 33137, USA Map address? NOTE: Type slowly and be sure to select a FULL (25.8037143, -80.1895552) ADDRESS (INCLUDING CITY, STATE, ZIP). IF YOU DO NOT INCLUDE A FULL ADDRESS, YOUR APPLICATION WILL BE SENT BACK TO YOU. What is your relationship to the property? I am the owner Who is the property owner or registered agent for the property (full name)? Please provide a contact # for the property owner/registered agent (do not use dashes). If you have a permit runner, please provide their name here MVF Consulting Group Inc. Please provide a phone # for your permit runner 9544108274 Please provide an email for your permit runner diego@mvfcg.com What is the property's folio #? (Visit Miami Dade Property 01-4137-036-0088 Search to find this). 1 of 8 Docusign Envelope ID: E1369651-4562-45C6-AC04-0AF5663BE3B9 What is the first (or only) day of your event? (USE THE 06/13/2024 CALENDAR ICON, BELOW RIGHT). What time does your event start on Day 1? Please note AM/PM. 11:00 AM What time does your event end on Day 1? Please note AM/PM. 1:00 AM How many people are you expecting at your event on Day 1? 60 What day would you like to begin your staging/load-in 06/07/2024 process? (USE THE CALENDAR ICON, BELOW RIGHT). What time would you like to set up (please indicate AM/PM)? 7:00 AM What day would you like to do your load-out/breakdown? 08/07/2024 What time would you like to do your load-out/breakdown? 7:00 AM Is your event taking place on multiple days? (NOTE: An event Yes with multiple days MUST occur in the SAME Location. If not, you require a separate application). I Event Day 2 When is the second day of your event? 06/14/2024 What is the start time of day 2? (Please note AM/PM) 11:00 AM What is the end time of day 2? (Please note AM/PM) 1:00 AM How many people are you expecting at your event on Day 2? 60 Does your event have additional days? Yes Event Day 3 When is the third day of your event? 06/15/2024 What is the start time on day 3? (Please note AM/PM) 11:00 AM What is the end time on day 3? (Please note AM/PM) 1:00 AM How many people are you expecting at your event on Day 3? 60 Does your event have additional days? Yes Event Day 4 When is the fourth day of your event? 06/16/2024 2of8 Docusign Envelope ID: E1369651-4562-45C6-AC04-0AF5663BE3B9 What is the start time on day 4? (Please note AMIPM) 11:00 AM What is the end time on day 4? (Please note AMIPM) 1:00 AM How many people are you expecting at your event on Day 4? 60 Does your event have additional days? Yes Event Day 5 When is the fifth day of your event? 06/17/2024 What is the start time on day 5? (Please note AMIPM) 11:00 AM What is the end time on day 5? (Please note AMIPM) 1:00 AM How many people are you expecting at your event on Day 5? 60 Does your event have additional days? Yes Event Day 6 When is the sixth day of your event? What is the start time on day 6? (Please note AMIPM) What is the end time on day 6? (Please note AMIPM) 06/18/2024 11:00 AM 1:00 AM How many people are you expecting at your event on Day 6? 60 Does your event have additional days? Yes Event Day 7 When is the seventh day of your event? 06/19/2024 What is the start time on day 7? (Please note AMIPM) 11:00 AM What is the end time on day 7? ((Please note AMIPM) 1:00 AM How many people are you expecting at your event on Day 7? 60 Does your event have additional days? Yes Event Day 8 When is the eight day of your event? 06/20/2024 3of8 Docusign Envelope ID: E1369651-4562-45C6-AC04-0AF5663BE3B9 What is the start time on day 8? (Please note AMIPM) 11:00 AM What is the end time on day 8? (Please note AMIPM) 1:00 AM How many people are you expecting at your event on Day 8? 60 Does your event have additional days? Yes Event Day 9 When is the ninth day of your event? 06/21/2024 What is the start time on day 9? (Please note AMIPM) 11:00 AM What is the end time on day 9? (Please note AMIPM) 1:00 AM How many people are you expecting at your event on Day 9? 60 Does your event have additional days? Yes Event Day 10 When is the tenth day of your event? 06/22/2024 What is the start time on day 10? (Please note AMIPM) 11:00 AM What is the end time on day 10? (Please note AMIPM) 1:00 AM How many people are you expecting at your event on Day 10? 60 Does your event have additional days? Yes Event Day 11 When is the 11th day of your event? 06/23/2024 What is the start time on day 11? (Please note AMIPM) 11:00 AM What is the end time on day 11? (Please note AMIPM) 1:00 AM How many people are you expecting at your event on Day 11? 60 Does your event have additional days? Yes Event Day 12 When is the 12th day of your event? 06/24/2024 4of8 Docusign Envelope ID: E1369651-4562-45C6-AC04-0AF5663BE3B9 What is the start time on day 12? (Please note AM/PM) What is the end time on day 12? (Please note AM/PM) How many people are you expecting at your event on Day 12? Does your event have additional days? Event Day 13 11:00 AM 1:00 AM 60 Yes When is the 13th day of your event? 06/25/2024 What is the start time on day 13? (Please note AM/PM) 11:00 AM What is the end time on day 13? (Please note AM/PM) 1:00 AM How many people are you expecting at your event on Day 13? Does your event have additional days? Event Day 14 60 Yes When is the 14th day of your event? What is the start time on day 14? (Please note AM/PM) What is the end time on day 14? (Please note AM/PM) 06/26/2024 11:00 AM 1:00 AM How many people are you expecting at your event on Day 14? I We need some additional details 60 How many people will be attending the event? If you've hosted this event in prior years, what was the last attendance? Please summarize/describe the nature of the event including costs of admission, inventory value, number of seats, number of employees, etc. The more details you include, the less questions we will have to ask when we review your application. What is the name of the primary contact person (on -site) for the day(s) of the event, if it's someone other than yourself? 60 No. This special event application is for the purpose of extending our existing property (40SW North River Drive) to the parcel next to it (20 SW River Drive) so we can host our Grand Opening. There will not be no admission cost, neither an inventor value. We will be adding square footage to our existing property and will take all the safety measure necessary (handrail or planters protecting from existing seawall, Egress and security). We will add more restaurant tables and seats to this property (appx 60 seats more) and will improve / maintain the current state of the parcel by level the ground and adding vegetation. Fabien Guardiola 5of8 Docusign Envelope ID: E1369651-4562-45C6-AC04-0AF5663BE3B9 What is the primary contact's cell phone number? 6463345541 What is the email for the primary contact? fabien@rivieradininggroup.com Are there additional people we can contact on the day of the Yes event? What is the name of secondary contact person for the day of Gregory Galy the event? What is the phone number of the secondary contact person for 6467506765 the day of the event? Are you or any organizers/staff or guests of this event staying No at a hotel in the area? What is the estimated accomodation budget for the organizers $0.00 of this event? How many local people will be hired for this event? (estimate) 300 Employees for the entire premise. Is this event free to the public? No Are you requesting to fence this event? No Will staging items be used at your event? Please check all that None apply. For any item checked above, please describe the items you will N/A be using and the size of each. Is your event being a hosted by a non-profit organization? No Will you need any of the following items from the Parks Department? Please check all that apply. (NOTE: You will need to make a separate request with the Parks Department). Food, Beverage & Entertainment None What type of music will you have? DJ Please name and describe the music/performer(s) who will be entertaining at this event. WILL FOOD, SOFT DRINKS (WATER, SODA, JUICE, ETC.) OR Yes ANYTHING ELSE BE SOLD DURING YOUR EVENT? NOTE: This does not apply to liquor - that is a separate question. PLEASE LIST THE TOTAL NUNBER OF VENDORS YOU WILL 20 BE USING: (IF NONE, PLEASE TYPE '0'). WILL ALCOHOL (INCLUDING BEER/WINE) BE SERVED AT Yes YOUR EVENT? Alcohol sale during a special event must end at 6of8 Docusign Envelope ID: E1369651-4562-45C6-AC04-0AF5663BE3B9 3:OOAM. (Unless otherwise noted, i.e. in case of emergency orders). WILL THERE BE A CHARGE FOR THE ALCOHOL? Alcohol sale Yes during a special event must end at 3:OOAM. Unless otherwise noted. Will food trucks be used at your event? No Please list the total number of food truck vendors you will be N/A using (or write N/A). WILL ANYONE BE USING ANY OF THE FOLLOWING FOR None COOKING OR HEATING FOOD? PLEASE CHECK ALL THAT APPLY. NOTE: Any of these items must be certified non- flammable and you must furnish a copy of the certificate to the City of Miami Fire Department. Will fireworks/pyrotechnics be used during this event? If so, No you have to get a fireworks permit which can be found at miamigov.com/fireworks. Please describe the fireworks/pyrotechnics and location(s) that you will use them. Advertising & Social Media Please list all Social Media handles (Instagram, Twitter, Instagram, Website. Facebook, etc.) that will be used for this event. Please list any print advertising that will be used for this event. N/A (Fliers, Magazines, Newspapers, Publication as well as date and description). Please list any other advertising (radio, TV, etc.) that will be N/A used for this event. Document Submission Please upload a site plan showing (as required) property boundaries, existing and proposed structure(s), parking, landscaping, screening, etc., with dimensions and computation of lot area, floor area ratio, lot coverage, etc. Casa Neos City Parcel.pdf Please upload a letter of intent describing the event. Letter of Intent.pdf Please upload proof of ownership (if you are the property owner) OR a notiarized letter of consent from the property owner giving the applicant permission to host this event. Copy.pdf Please uploading your parking/ride share plan. CN-ParkingAgreementRenewal20230531(Executed).pdf Parking Plan.pdf Please upload the INDEMNITY AGREEMENT. This can be digitally notarized or a copy of your physically notarized document. You can find the document at i ndemnity-agreement-2022. pdf 7of8 Docusign Envelope ID: E1369651-4562-45C6-AC04-0AF5663BE3B9 www.miamigov.com/TEP Please upload your Fire Department questionairre (you can Fire Department Questionnaire.pdf find this at Miamigov.com/TEP) Please upload your Life Safety Plan. Casa Neos City Parcel.pdf Please sign here. Link to signature 8of8 Docusign Envelope ID: E1369651-4562-45C6-AC04-0AF5663BE3B9 Detail by Entity Name DIVISION OF CORPORATIONS EXHIBIT C L Y! [ P JJ 1-br 1 an official L'iate of Flwidassitiksite Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Foreign Limited Liability Company CASANEOS MIAMI, LLC Filing Information Document Number M21000002500 FEI/EIN Number 86-3144156 Date Filed 03/04/2021 State DE Status ACTIVE Last Event LC STMNT OF RA/RO CHG Event Date Filed 09/02/2021 Event Effective Date NONE Principal Address 800 LINCOLN RD MIAMI BEACH, FL 33139 Mailing Address 800 LINCOLN RD MIAMI BEACH, FL 33139 Registered Agent Name & Address COGENCY GLOBAL INC. 115 N. CALHOUN ST. STE 4 TALLAHASSEE, FL 32301 Address Changed: 06/13/2023 Authorized Person(s) Detail Name & Address Title Manager GALY, GREGORY 800 LINCOLN RD MIAMI BEACH, FL 33139 Annual Reports Report Year Filed Date 2022 03/10/2022 https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&search NameOrder=CASANE... 1 /2 Docusign Envelope ID: E1369651-4562-45C6-AC04-0AF5663BE3B9 2023 04/28/2023 2024 02/06/2024 Detail by Entity Name Document Images 02/06/2024 --ANNUAL REPORT 04/28/2023 --ANNUAL REPORT 03/10/2022 --ANNUAL REPORT 09/02/2021 -- CORLCRACHG 03/04/2021 -- Foreign Limited View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format Florida Department of State, Division of Corporations https://search.sunbiz.org/I nquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&search NameOrder=CASAN E... 2/2 Docusign Envelope ID: E1369651-4562-45C6-AC04-0AF5663BE3B9 EXHIBIT D - INSURANCE REQUIREMENTS I. Commercial General Liability 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 Primary Insurance Clause Endorsement Premises and Operations Liability Hired and Non Owned Auto Exposures 11. Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of subrogation Employer's Liability A. Limits of Liability $100,000 for bodily injury caused by an accident, each accident. $100,000 for bodily injury caused by disease, each employee $500,000 for bodily injury caused by disease, policy limit III. Umbrella Liability A. Limits of Liability Each Occurrence $5,000,000 Policy Aggregate $5,000,000 Excess Follow Form over the general liability and liquor policies IV Liquor Liability Each Occurrence Policy Aggregate City of Miami listed as additional insured $1,000,000 $1,000,000 Docusign Envelope ID: E1369651-4562-45C6-AC04-0AF5663BE3B9 The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer in accordance to 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. Docusign Envelope ID: E1369651-4562-45C6-AC04-0AF5663BE3B9 CASANEO-01 , ACC.PRO CERTIFICATE OF LIABILITY INSURANCE �� DATE(MM/DD/YYYY) 5/10/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Plastridge Insurance Agency 10337 N. Military Trail Palm Beach Gardens, FL 33410 CONTACT NAME: PHONE FAX (A/c, No, Ext): (561) 630-4955 (A/C, No):(561) 630-4966 a DD RIEss: palmbeachdocs@plastridge.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER : Knight Specialty Insurance Company 15366 INSURED Casa Neos Miami, LLC 40 SW North River Drive Miami, FL 33130 INSURER B : Indian Harbor Insurance Co. 36940 INSURERC: Zenith Insurance Co 13269 INSURERD: INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTRINSD TYPE OF INSURANCE ADDL SUBR W VD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY X KSERTBD12345 6/1/2024 6/1/2025 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) 100,000 $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE POLICY OTHER: LIMIT APPLIES PEA X PER: LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS-COMP/OPAGG $ 2,000,000 $ A AUTOMOBILE X LIABILITY ANY AUTO OWNED X SCHEDULED AUTOS AUUTOS ONLY KSERTBD12345 6/1/2024 6/1/2025 COMBINED SINGLE LIMIT (Ea accident) 1,000,000 $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ Y)AMAGE (Per accidentP) $ $ B X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE SXSTBD12345 6/1/2024 6/1/2025 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 DED RETENTION $ $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N / A Z141792101 4/1/2024 4/1/2025 PER STATUTE OERH E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 A A Liquor Liability Liquor Liability X KSERTBD12345 KSERTBD12345 6/1/2024 6/1/2024 6/1/2025 6/1/2025 Per Occurrence Aggregate 1,000,000 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Miami is listed as Additional Insured with respects to claims arising out of the operations of the named insured. Coverage is Primary & Non -Contributory basis. Excess liability is follow form over general liability and liquor liability. Location: 20 SW North River Drive, Miami, FL 33130 CERTIFICATE HOLDER CANCELLATION CityOf Miami 444 SW 2nd Avenue, 2nd Floor Miami, FL 33130 e-OS FG SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Olivera, Rosemary From: Santana, Yunior Sent: Tuesday, July 16, 2024 8:37 AM To: Hannon, Todd; Olivera, Rosemary Subject: CASA NEOS Miami - ID24-1172 Attachments: Executed - CASA NEOS Miami - ID24-1172.pdf CASA NEOS Miami - ID24-1172 Good morning Todd: Please find attached the fully executed copy of an agreement from DocuSign that is to be considered an original agreement for your records. Sincerely, M. MANUEL ART THEATER `4'Fcrr.s use @r k.t .fir Yunior Santana City of Miami Venues Manager Direct Line: 305-960-4686 Fax: 305-400-5258 900 SW 1st Street Miami, FL 33130 Directions THEATER WHERE aH[ IS TIMELESS RENT THE VENUES Follow Us (Crt+Click) es Unless noted as "Florida Statute: 119 Exempt", All emails sent and received through the City of Miami's email system are considered public record. The Florida Public Records Act (FPRA) requires the City to make all public records available for inspection and to provide copies upon request. Please govern yourself accordingly. This message including all attachments is privileged and confidential, intended only for the named recipient(s) and may contain information that is privileged or exempt from disclosure under applicable law. If you are not the intended recipient(s), you are notified that dissemination, distribution or copying of this message is strictly prohibited. If you receive this message in error, or are not the named recipient(s), please notify the sender at either the address or telephone number listed. 1