HomeMy WebLinkAbout25214AGREEMENT INFORMATION
AGREEMENT NUMBER
25214
NAME/TYPE OF AGREEMENT
LFP PRODUCTIONS, LLC
DESCRIPTION
USE AGREEMENT/TOWER THEATER/CONCERT/MATTER ID:
24-2159
EFFECTIVE DATE
ATTESTED BY
TODD B. HANNON
ATTESTED DATE
10/17/2024
DATE RECEIVED FROM ISSUING
DEPT.
10/17/2024
NOTE
DOCUSIGN AGREEMENT BY EMAIL
Docusign Envelope ID: 62F0E37F-8D14-45C0-99A1-74BCF82F7F84
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CITY OF MIAMI
DOCUMENT ROUTING FORM
ORIGINATING DEPARTMENT: DREAM
DEPT. CONTACT PERSON: Yunior Santana EXT. (305)960-4686
NAME OF OTHER CONTRACTUAL PARTY/ENTITY: LFP Productions LLC
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): Concert
❑ PUBLIC WORKS AGREEMENT
❑ MAINTENANCE AGREEMENT
❑ INTER -LOCAL AGREEMENT
❑ LEASE AGREEMENT
❑ PURCHASE OR SALE 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
October 11,
2024 1 16:45:49
PRINT: Andrew Frey
RTNATURE:
DocuSigned by:
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SUBMITTED TO RISK MANAGEMENT
October 14,
2024 17:50:03
PRINT: Ann -Marie Sharpe
NATURE:
Docusigned by:
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SUBMITTED 20 C159 ATTORNEY
Matter ID#:
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�MQ October 15,
2024 18:48:19
PRINT: George K Wysong
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APPROVAL BY ASSISTANT CITY MANAGER
October 16,
2024 1 08:02 : 40
PRINT: Larry Spring
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RECEIVED BY CITY MANAGER
October 16,
2024 16:33:20
PRINT: Arthur Noriega
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SIGNATURE:
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October 17, 2024
I 10:05:45
OtfINT: Todd Hannon
SIGNATURE:
PRINT:
SIGNATURE:
PRINT:
SIGNATURE:
DocuSigned by:
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1)
ONE ORIGINAL TO CITY CLERK,
2)
ONE COPY TO CITY ATTORNEY'S OFFICE,
3) REMAINING ORIGINAL(S) TO ORIGINATING
DEPARTMENT
PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE
EXECUTION BY THE CITY MANAGER
Docusign Envelope ID: 62F0E37F-8D14-45C0-99A1-74BCF82F7F84
Docusign Envelope ID: 62F0E37F-8D14-45C0-99A1-74BCF82F7F84
USE AGREEMENT FOR EVENT SPACES
TOWER THEATER
This USE AGREEMENT, hereinafter referred to as the "Agreement," made this day of , 2024
("Effective Date"), by and between the City of Miami, a municipal corporation in the State of Florida, hereinafter
referred to as the "CITY," and LFP PRODUCTIONS, LLC, a Florida limited liability company, with offices located
at 2620 Northeast 135th Street, #228, North Miami, FL 33181hereinafter referred to as the "USER." The CITY and
USER may each be individually referred to as a "Party" or collectively as the "Parties."
RECITALS
WHEREAS, the CITY owns and is responsible for the operation and management of the Tower Theater
located at 1508 SW 8th Street, Miami, Florida 33135, hereinafter referred to as the "THEATER"; and
WHEREAS USER wishes to use the THEATER for the purpose of a concert, hereinafter referred to as the
"EVENT"; and
NOW, THEREFORE, in consideration of the covenants and agreements hereinafter set forth, the sufficiency
of which is hereby acknowledged, the CITY and USER agree as follows:
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 — Special Terms & Conditions
Exhibit B — Fee Schedule
Exhibit C — Use Area
Exhibit D — Insurance Requirements
Exhibit E — TULIP Insurance
Exhibit F — Corporate Resolution or Other Proof of Authority
Exhibit G — Anti -Human Trafficking Affidavit
Exhibit H -- Application
Exhibit I — Certificate of Insurance
In the event of a conflict between the provisions of this Agreement or any of its exhibits, the conflict shall
be resolved in favor this Agreement then the priority order indicated above.
2. DEFINITIONS:
All references to "days" shall mean calendar days unless expressly stated otherwise.
3. TERM
This Agreement shall be effective from the Effective Date first written above, until the date on which all
applicable fees and charges for the EVENT have been paid to CITY unless terminated earlier as provided
for herein.
4. PERMITTED USE:
The CITY hereby grants USER a temporary, non-exclusive license to enter and occupy the USE AREA, as
further described herein, solely for the purposes of presenting, rehearsing, setting up, and breaking down the
EVENT during the specific times and dates as further described in Exhibit "A" ("USE PERIOD").
Unless otherwise specifically provided hereunder, USER shall be completely responsible for the production,
coordination and management of the EVENT, at its sole cost and expense.
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USER shall not construct or erect any fixtures within the USE AREA without the Venue Manager's prior
written approval, which may be withheld in the Venue Manager's sole discretion, and may be conditioned
upon further restrictions or conditions as may be prescribed by the CITY.
5. USE AREA:
As used in this Agreement, "USE AREA" means the portion of the THEATER required by the USER and as
authorized by the CITY for the EVENT and as further described in Exhibit "C" attached hereto.
The CITY shall have the right to enter and/or access the USE AREA at any time during the USE PERIOD
as it deems necessary. USER shall not prohibit the CITY'S access to the USE AREA at any time.
6. CONDITION OF USE AREA:
USER has inspected, or has been given the opportunity to inspect, the USE AREA, prior to execution of this
Agreement, and accepts it in its present condition and agrees to maintain and return the same in its preexisting
condition upon conclusion of the EVENT.
After conclusion of an EVENT, the CITY will conduct an inspection of the USE AREA within ten (10)
business days. Any repairs or restorative work required will be communicated to USER and may be deducted
from the DEPOSIT, as defined hereafter.
7. COMPLIANCE WITH APPLICABLE LAWS, RULES, AND REGULATIONS:
USER agrees to obtain all required licenses and permits and to abide by and comply with all applicable
federal, state and local laws, rules, regulations, codes and ordinances during its use of the THEATER. USER
hereby represents and warrants to the CITY that USER shall abide by each, and shall not permit the violation
of any, rule or regulation set out therein.
ANTI -HUMAN TRAFFICKING. USER confirms and certifies that it is not in violation of Section 787.06,
Florida Statutes, and that it does not and shall not use "coercion" for labor or services as defined in Section
787.06, Florida Statutes. The USER shall execute and submit to the CITY an Affidavit, of even date herewith,
in compliance with Section 787.06(13), Florida Statutes, attached an incorporated herein as Exhibit G. If the
USE fails to comply with the terms of this Section, the CITY may suspend or terminate this Agreement
immediately, without prior notice, and in no event shall the CITY be liable to USER for any additional
compensation or for any consequential or incidental damages.
Violation of any federal, state and local law, rule, or regulation shall be grounds for immediate termination
of this Agreement by CITY and the forfeiture of all deposits due to the CITY.
8. COMPENSATION:
In consideration of the use of the USE AREA, USER shall pay to the CITY, a USE FEE as further described
in Exhibit "B." USER shall make payment in the manner and method proscribed in Exhibit "B."
Except as otherwise specifically provided herein, USER shall be responsible for all costs involved in the
presentation of the EVENT, including without limitation: all Broadcast Music, Inc. (`BMI") and American
Society of Composers, Authors and Publishers ("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.
9. TERMS OF PAYMENT:
All payments from USER to the CITY shall be by cashier's or certified check drawn from a local bank, or
credit card acceptable to the CITY. No payments shall be made in the form of cash. USER must pay to CITY
the USE FEE, excluding fees or charges that are incurred during the EVENT, no later than the dates and
times indicated in Exhibit "B." Failure to timely pay said USE FEE may result in the immediate termination
of this Agreement and the forfeiture of all deposits due to the CITY, in the CITY'S sole discretion.
Rev. 08012024
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10. DEPOSIT:
Concurrent with the Effective Date of the Agreement, and as a condition to its effectiveness, USER shall pay
to CITY a deposit in the amount proscribed in Exhibit "B," ("DEPOSIT") to be held by CITY throughout
the Term of this Agreement. The DEPOSIT shall secure USER'S performance under this Agreement and full
payments of the fees and charges due hereunder, including, but not limited to any repairs, restoration,
cleaning, staff charges, or other applicable additional charges, or to defray other reasonable expenses incurred
by the CITY as a consequence of USER'S use or non-use of the THEATER. The CITY shall return the
DEPOSIT, or any unexpended portion thereof, to USER upon the full satisfaction of USER'S obligations
herein. The CITY may deduct the cost of any repairs necessary to restore the USE AREA to its preexisting
condition, repairs or replacements of any damaged equipment or materials, or outstanding fees or charges
due to the CITY from the DEPOSIT. In the event the amount necessary for repairs or replacements or to
satisfy USER's obligations hereunder exceeds the DEPOSIT, then the USER agrees to pay the balance to the
CITY, within five (5) business days of the CITY'S request for payment. USER understands that the CITY
will seek reimbursement of any costs for repairs or restorative work for damage caused by the USER, for
costs exceeding the DEPOSIT.
11. SECURITY:
USER shall provide at USER'S cost, all necessary perimeter/t-shirt event security and police officers to be
determined by the CITY'S Police Department and the CITY.
12. CATERING:
USER, at its own cost, shall provide catering, food and beverages and the cleanup of the designated food area
during the EVENT. If USER elects to provide catering, it must inform the CITY in writing as soon as
possible, however, no later than sixty (60) days prior to the commencement of the USE PERIOD. The CITY,
in its sole discretion, may require additional insurance coverages beyond those listed in Exhibits "D" and "E"
attached hereto. USER must provide all required licensing and certificates of insurance evidencing all
required insurance coverages required by the CITY no later than sixty (60) days prior to the commencement
of the USE PERIOD. If USER elects to serve alcoholic beverages, USER must obtain a temporary alcohol
license. USER is strictly prohibited from providing catering, food, and/or beverages without first complying
with the requirements of this Section. USER must adhere to all State, County, and Municipal health codes,
rules and regulations while providing catering, food, and or beverages.
The CITY retains the right to hire, at USER'S cost and expense, a Concession Coordinator, whose
responsibility will be to oversee and approve the coordination of all concession operators, and to report to
the CITY and require immediate correction of any acts that do not conform to this Agreement, including, but
not limited to, the adherence of all State, County, and Municipal health codes, rules and regulations.
13. INSURANCE:
USER shall obtain and maintain in force for the USE PERIOD, General Liability Insurance on a
Comprehensive General Liability Form or an equivalent policy form in the amount of coverage deemed
acceptable by the City of Miami Risk Management Administrator for bodily injury and property damage
liability as shown on Exhibits "D" and "E" attached hereto.
The CITY shall be named "Additional Insured" on all policies. Any questions regarding Insurance should
be directed to the Insurance Administrator, Risk Management Division, 444 SW 2nd Avenue 9th Floor,
Miami, Florida 33130, (305) 416-1604. USER shall furnish all insurance certificates required by the City of
Miami Insurance Administrator, no later than sixty (60) days prior to the commencement of the USE
PERIOD. USER agrees to provide upon request copies of any and all insurance policies and corresponding
endorsements in connection with this Agreement within five (5) business days from the CITY'S request.
USER is prohibited from using any portion of the USE AREA prior to providing a certificate of insurance
demonstrating adherence to all insurance requirements herein. Failure to provide such certificate of insurance
by the time provided shall be grounds for termination of this Agreement.
14. INDEMNIFICATION:
USER agrees to indemnify, defend, covenant not to sue, and hold harmless forever the CITY, its officials,
officers, agents and employees (collectively referred to as the "Indemnitees"), from and against all losses,
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costs, penalties, fines, damages, claims, expenses (including attorney's fee and costs), and liabilities
(collectively referred to as "Liabilities") arising out of, resulting from, or in connection with (i) the EVENT
and/or the use of the PREMISES, (ii) the performance or non-performance of this Agreement, whether it is,
or is alleged to be, directly or indirectly caused, in whole or in part, by any act, omission, default or negligence
(whether active or passive) of the Indemnitees, or any of them , or (iii) the failure of the USER to comply
with any of the provisions contained herein, or to conform to statutes, ordinances, or other regulations or
requirements of any govemmental authority, federal or state, in connection with the performance of this
Agreement.
USER expressly agrees to indemnify, covenant not to sue, and hold harmless the Indemnitees, or any of them,
from and against all liabilities which may be asserted by a current or former employee or agent of USER, or
any of its subcontractors, as provided above, for which the USER's liability to such employee or former
employee would otherwise be limited to payments under state Workers' Compensation or similar laws. This
indemnity provision shall survive the termination of this Agreement and shall continue in effect until the
expiration of the corresponding statute of limitations or the tolling thereof. Nothing herein is intended to be
construed as a waiver of the CITY'S sovereign immunity beyond the limitations set forth in Section 768.28,
Florida Statutes.
15. RISK OF LOSS:
The CITY assumes no responsibility whatsoever for any person or property that enters the USE AREA as a
result of, or in connection with, the EVENT. In consideration of the execution of this Agreement by the
CITY, the USER releases the CITY from any and all liability for any loss, injury, death, theft, damage or
destruction to any persons or property which may occur in or about the USE AREA regardless of the cause,
including such circumstances where it could be alleged that the CITY, or its employees, agents or contractors
were negligent. USER does not agree to release the CITY for any and all liability which is determined to be
caused solely due to the intentional or willful misconduct of the CITY, or their respective employees or
agents.
16. CANCELLATION:
All advance sums, or advance payments under this Agreement, shall be forfeited if, through the fault or action
of the USER, the EVENT is cancelled before the USE PERIOD. USER may cancel the EVENT with written
notice provided no later than one hundred eighty (180) days prior to the first day of the USE PERIOD. Late
cancellations shall be deemed a default of this Agreement and will result in the acceleration of the Basic Use
Rate, which shall become due to the CITY on the date of cancellation. The parties understand and agree that
the CITY will be unable to find another user for the USE PERIOD in the event of a late cancellation and
therefore, this acceleration of the Basic Use Rate shall be deemed as liquidated damages. USER shall be
liable for interest on the principal of the Basic Use Rate at a rate of twelve percent (12%) per annum, or the
maximum rate permissible by law if less for each day the amount remains unpaid. Notwithstanding, this
acceleration of the Basic Use Rate shall not apply to cancellations due to Force Majeure.
Provided the cancellation does not occur due to USER'S default or late cancellation, USER shall be entitled
to a return of the DEPOSIT, or so much thereof that has not been applied to cover outstanding obligations,
upon termination of the Agreement and satisfaction of USER'S remaining obligations, if any. In the event a
return of the DEPOSIT is due, the CITY shall remit such DEPOSIT within sixty (60) days of the cancellation
or termination of the Agreement.
17. DEFAULT:
In the event the USER shall fail to comply with each and every term and condition of the Agreement or shall
fail to perform any of the terms and conditions contained herein, then the CITY, at its sole option and in
addition to all other rights and remedies available to it by law, upon written notice to USER may cancel and
terminate this Agreement, and all payments, advances, or other compensation paid by USER pursuant to this
Agreement, shall be forthwith retained by the CITY. In the event the default occurs within sixty (60) days
from the first day of the USE PERIOD, the CITY may accelerate the Basic Use Rate in accordance with
Section 16 above.
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18. CITY'S TERMINATION RIGHTS:
(a) Termination for Convenience: The CITY shall have the right to terminate this Agreement for
convenience, in its sole discretion, upon a thirty (30) days written notice to USER. Additionally, the
City shall be able to terminate this Agreement at any time if, in the exercise of its reasonable
discretion, the CITY determines that the EVENT is not in the best interest of the CITY due to
circumstances beyond the CITY'S reasonable control.
(b) Termination for Cause: The CITY shall have the right to terminate this Agreement immediately
upon written notice and without liability to USER upon the occurrence of an event of default.
(c) Other Termination Rights: The CITY shall have the right to terminate this Agreement in the event
the THEATER is sold, condemned, or damaged due to natural or other causes preventing use of the
THEATER, regardless of whether CITY is able to repair or make available other spaces.
19. PROMOTIONAL MATERIALS:
USER hereby grants to CITY, its licensees, designess, and assigns, a royalty free, perpetual, worldwide, non-
exclusive license to use, for any reason and via any medium, any and all materials collected by the CITY
before, during, or after the EVENT, materials used to advertise the EVENT, or any photographs, telecasts,
filming, or other materials created before, during, or after the EVENT, whether known or hereafter devised
(collectively, the "Materials"). This license includes, but is not limited to, the right to photograph, edit,
reformat, manipulate, telecast, rerun, reproduce, use, syndicate, license, display, print, distribute, and
otherwise exploit the Materials, or any portion thereof, in any manner or media, for the promotion of the
EVENT or THEATER.
USER agrees and covenants to include the following statement in all materials used to advertise and/or
promote the EVENT, via any medium:
The views and opinions expressed in this program are those of the event organizer(s) and the speaker(s) and
do not necessarily reflect the views or positions of the City of Miami, or any of its agencies, instrumentalities,
officers, officials, and/or employees.
20. AWARD OF AGREEMENT:
USER represents and warrants to the CITY that it has not employed or retained any person or company
employed by the CITY to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed
to pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in
connection with, the award of this Agreement.
21. AUDIT AND INSPECTION RIGHTS AND RECORDS RETENTION:
USER agrees to provide access to the CITY or to any of its duly authorized representatives, to any books,
documents, papers, and records of USER which are directly pertinent to this Agreement, for the purpose of
audit, examination, excerpts, and transcripts. The CITY may, at reasonable times, and for a period of up to
three (3) years following the date of final payment by the USER to the CITY under this Agreement, audit
and inspect, or cause to be audited and inspected, those books, documents, papers, and records of USER
which are related to this Agreement. USER agrees to maintain any and all such books, documents, papers,
and records at its principal place of business for a period of three (3) years after final payment is made under
this Agreement and all other pending matters are closed. USER's failure to adhere to, or refusal to comply
with, this condition shall result in the immediate cancellation of this Agreement by the CITY. The audit
provisions set forth in s. 18-99 through s. 18-102 of the Code of the City of Miami, Florida, as amended, are
applicable to this Agreement.
22. PUBLIC RECORDS:
USER understands that the public shall have access, at all reasonable times, to all documents and information
pertaining 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 immediate cancellation of
this Agreement by the CITY. USER shall additionally comply with the provisions of Section 119.0701,
Florida Statutes, entitled "Contracts; public records", as may be applicable, which statute is deemed as being
incorporated by reference herein.
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Should USER determine to dispute any public access provision required by Florida Statutes, USER shall do
so in accordance with applicable Florida law, and shall do so at its own cost and expense. Any lawsuits filed
against the CITY or Indemnitees in connection with USER'S dispute to public access will fall under the
USER'S indemnification obligations specified in Section 14 above.
IF THE USER HAS QUESTIONS REGARING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUTES, TO THE USER'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 MAIL AT
CITY OF MIAMI OFFICE OF THE CITY ATTORNEY, 444 SW 2ND
AVENUE, 9TH FLOOR, MIAMI, FL 33130. THE USER MAY ALSO
CONTACT THE VENUE MANAGER WHO IS THE RECORDS
CUSTODIAN FOR THE TOWER THEATER .
23. 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 performance under this
Agreement on account of race, age, religion, color, gender, gender identity, sexual orientation, national
origin, marital status, physical or mental disability, political affiliation, or any other factor. USER further
covenants that no otherwise qualified individual shall solely by reason of race, age, religion, color, gender,
gender identity, sexual orientation, national origin, marital status, physical or mental disability, political
affiliation, or any other factor, be excluded from participation in, be denied services, or be subject to
discrimination under any provision of this Agreement.
24. AUTHORIZED PERSONNEL:
The CITY shall have authorized representatives with decision making authority, reasonably available at all
reasonable times throughout the USE PERIOD for consultation with USER.
25. AUTHORITY TO EXECUTE AGREEMENT:
Each party represents to the other that it has the power to enter into the Agreement and that the consent of no
other person or entity is required in connection therewith, except as otherwise provided, and the Agreement
constitutes a valid and binding obligation of each party in accordance with the terms hereof.
26. RELATIONSHIP OF PARTIES:
This Agreement shall not be deemed or construed to create any agency relationship, partnership, or joint
venture between the CITY and USER.
27. NOTICES:
Notices required under the Agreement shall be deemed to be given when hand -delivered (with receipt
therefore) or mailed by registered or certified mail, postage prepaid, return receipt requested.
AS TO THE USER AS TO THE CITY:
Name: Salvador Alba
Title: Authorized Representative
Address: 2620 NE 135th ST, #228
North Miami, FL 33181
Email: Salbanolasco@outlook.com
Rev. 08012024
Art Noriega
City Manager
444 SW 2nd Avenue, 10th Floor
Miami, FL 33130
anorie ga@miamigov. com
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WITH A COPY TO:
George K. Wysong III
City Attorney
444 SW 2nd Avenue, 9th Floor
Miami, FL 33130
gwysong@miamigov com
Nathaly Castellon
Tower Theater, Assistant Venues Manager
1508 SW 8th Street
Miami, Florida 33135
ncastellongmiamigov.com
28. NONDELEGABILITY
This Agreement is personal to the USER. The Agreement may not be transferred, sold, pledged or assigned
by USER, in whole or in part, without the prior express written consent of the CITY, which may be withheld
or conditioned in the CITY'S sole discretion.
29. GOVERNING LAW; VENUE; ATTORNEY'S FEES:
The Agreement shall be construed according to the laws of the State of Florida and Venue shall be in Miami -
Dade County. Except in cases where the CITY must bring an action to enforce the provisions of Section 14,
in which case the CITY shall be able to recover its reasonable attorney's fees, each party shall bear their own
respective attorney's fees.
30. CONFLICT OF INTEREST:
USER is aware of the conflict of interest laws of the City of Miami (Code of the City of Miami, Florida,
Chapter 2, Article V), of Miami -Dade County, Florida (Code of Miami -Dade County, Florida (Code of
Miami -Dade County, Florida, Section 2-11.1) and of the State of Florida (as set forth in Florida Statutes) and
agrees it will fully comply in all respects with the terms of said laws and any future amendments
31. FORCE MAEJEURE
The CITY shall not be liable for any failure to perform its obligations where such failure is caused by
conditions beyond its control, including, but not limited to, Acts of Nature (including fire, flood, earthquake,
storm, hurricane or other natural disaster), epidemics, pandemics, war, invasion, act of foreign enemies,
events in foreign countries that affect the CITY and its citizens, hostilities (whether war is declared or not),
civil war, rebellion, revolution, insurrection, riots, street celebrations or protests, military or usurped power
or confiscation, terrorists activities, nationalization, government sanctions or restrictions, blockage, embargo,
labor dispute, strike, lockout or interruption, or the failure of services such as electricity or telephone.
32. 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.
33. 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.
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34. WAIVER OF JURY TRIAL:
EACH PARTY WAIVES ITS RIGHTS TO A JURY TRIAL OF ANY CLAIM OR CAUSE OF ACTION
ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY BREACH THEREOF. THIS
WAIVER SHALL APPLY TO ANY SUBSEQUENT AMENDMENTS, SUPPLEMENTS, OR
MODIFICATIONS TO THIS AGREEMENT.
35. HEADINGS:
Title and paragraph headings are for convenient reference and are not a part of this Agreement.
36. SEVERABILITY:
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, 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.
37. ENTIRE AGREEMENT:
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.
38. ACKNOWLEDGEMENT:
The Parties expressly acknowledge that each has read and understand each and every provision in this
Agreement and have had the opportunity to seek the advice and representation of independent counsel.
Furthermore, the Parties expressly acknowledge that this Agreement is entered into in good faith and was not
obtained by fraud, misrepresentation, or deceit.
39. TRANSLATIONS:
This document may translated from English into various other languages. However, such translation shall
not alter, modify, reduce, diminish, or amplify the terms of this Agreement. If there is any conflict between
the English version and any translated version, the English version of the Agreement shall prevail.
40. INTELLECTUAL PROPERTY RIGHTS:
USER represents and warrants that USER is either the sole author and/or creator of all Materials and any
other intellectual property to be used in the EVENT or has obtained and holds all rights necessary to hold the
EVENT. USER further represents and warrants that the EVENT does not and will not infringe any copyright,
patent, trademark, trade secret or other intellectual property right of any third party and that the City's right
to seek indemnification from USER as provided in this Agreement and shall include any claims made against
the City by a third -party for infringement of any intellectual property rights arising out of or related to the
EVENT.
SIGNATURE PAGE FOLLOWS
Remainder of Page Intentionally Blank
Rev. 08012024
Docusign Envelope ID: 62F0E37F-8D14-45C0-99A1-74BCF82F7F84
IN WITNESS WHEREOF, the parties hereto have individually and through their proper corporate official executed
the AGREEMENT, this the day and year first written.
"USER"
By:
-DocuSigned by:
\siT959M F4294B5...
Salvador Alba
Print Name
Principal
Title
STATE OF
October 11, 2024 1 09:38:00 PDT
Date
COUNTY OF
The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online
notarization, this day of , 20 by , who is ❑
personally known to me or ❑ has produced as identification and who did not take
an oath.
Notary Stamp:
Rev. 08012024
Signature of Notary Public Taking Acknowledgment
Print Name:
Serial Number (if any):
Commission Expires:
Docusign Envelope ID: 62F0E37F-8D14-45C0-99A1-74BCF82F7F84
ATTEST:
DocuSigned by:
BY:
tem
Tod annon,
City Clerk
Signed by:
APPROVED AS TO INSURANCE
REQUIREMENTS:
DocuSigned by:
CITY OF MIAMI,
a municipal corporation of the State of Florida
DocuSigned by:
Ari Norie ,
BY:
�zD ...
10:05:45 EDT Art oriega, October 16, 2024 I 16:33:20 EDT
City Manager
APPROVED AS TO FORM AND
CORRECTNESS:
DocuSigned by
Vats �Vbl I t.oro, Sb (II rit
BY: ti5 t
BY: 0 Q
S"C631 €7... E9FLIIE243B...
Ann- arse 'liarpe, Director George K. Wysong III #24-2159/PMA
Risk Management October 14, 2024 I 17:50:03 EDCityAttorney October 15, 2024 I 18:48:19 EDT
Rev. 08012024
Docusign Envelope ID: 62F0E37F-8D14-45C0-99A1-74BCF82F7F84
EXHIBIT A — SPECIAL TERMS & CONDITIONS
1. PROMOTIONAL TICKETS:
USER shall provide CITY with six (6) promotional tickets for renting the 250 seat theater and four (4)
promotional tickets for renting the 100 seat theater for each EVENT film/presentation date, for purposes of
promoting the THEATER.
2. MAXIMUM ATTENDANCE:
USER understands that the maximum attendance at any one (1) EVENT is two hundred fifty (250) and that
USER shall not print more than two hundred fifty-one (251)/ tickets per day per EVENT.
3. ADULT -ONLY EVENTS:
Any EVENT that meets the definition of an Adult live performance as that term is defined in s. 827.11,
Florida Statutes, must take affirmative steps to prevent exposing children to an adult live performance in
violation of s. 827.11, Florida Statutes. All advertising and promotional material, via any medium, for the
EVENT must clearly identify the EVENT as "Adult -Only — Contains Sexual Content," and USER shall
ensure no person under the age of eighteen (18) years old is granted entrance to the Theater during the
EVENT. USER's violation of this section shall be deemed a default under this Agreement and the CITY may
immediately stop an EVENT and cancel the remaining USE PERIOD, in addition to any other remedies
available at law or equity. USER shall not be entitled to a refund of any kind or return of the DEPOSIT when
an EVENT is stopped or cancelled pursuant to this section.
4. USE PERIOD:
USER'S license to use and occupy the USE AREA expires, and USER must restore and vacate the USE
AREA, at the time and dates indicated below. Notwithstanding, should USER exceed the USE PERIOD for
any reason, then an additional fee of $52.50/hour, rounded up to the nearest hour and not including any
Theater Staff Charges or Additional Charges that may be incurred, shall be applied to USER's total USE
FEE. If USER anticipates needing more time than permitted during the USE PERIOD, then USER must
contact the Auditorium Manager as soon as possible, however, no later than twenty-four (24) hours prior to
the applicable USE PERIOD. Whether USER is permitted additional time beyond the USE PERIOD is at the
sole and absolute discretion of the CITY.
Any equipment or materials left in the USE AREA or THEATER after the termination of the USE PERIOD
shall be disposed of by the CITY at USER'S sole cost without any right of claim by the USER, or, in the
CITY'S sole discretion, the equipment or materials may be stored at USER'S cost.
The USE PERIOD shall consist of the periods for presenting, rehearsing, setting up, and breaking down the
EVENT as indicated on the following page:
Page left intentionally blank
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Docusign Envelope ID: 62F0E37F-8D14-45C0-99A1-74BCF82F7F84
USE PERIOD*
Event
Commencement
Termination
Concert
11/30/2024: 7 PM
11/30/2024: 9 PM
Setup
11/30/2024: 1 PM
Dismantle
11/30/2024: 12:00 AM
*Times and dates are subject to change in the sole discretion of the City.
Rev. 02162024
Docusign Envelope ID: 62F0E37F-8D14-45C0-99A1-74BCF82F7F84
EXHIBIT B — FEE SCHEDULE
1. USE FEE:
In consideration of the use of the USE AREA, USER shall pay to the CITY, a use fee, the specific amount
of which shall be determined no later than forty-five (45) days prior to commencement of the USE PERIOD
based on the unit fees included in Section 7 below ("USE FEE"). Should USER fail to provide sufficient
details of the Event in order to determine the USE FEE at least forty-five (45) days prior to the
commencement of the USE PERIOD then this Agreement may be terminated for cause in the CITY'S sole
discretion. Any changes or adjustments to the USE FEE shall be formalized in writing and incorporated into
this Agreement. The USE FEE shall include the Basic Use Rate, Theater Staff Charges, and Additional
Charges, all as further described below.
2. BASIC USE RATE:
The Basic Use Rate is determined by the number of rehearsals and performances based on the fees as
authorized in Section 38-8 of the City of Miami Code of Ordinances, as amended ("City Code"). The Basic
Use Rate includes normal janitorial service, house lights for ordinary use and air conditioning during the
USE PERIOD, and use of equipment listed in the Stage Equipment List as further described in Exhibit "F"
of the Agreement.
3. THEATER STAFF CHARGES:
Theater Staff Charges are not included under the Basic Use Rate. Should USER require theater staff members
to aide during presentation of the EVENT, then a fee of three hundred dollars ($300) for a four (4) hour
EVENT, and four hundred fifty ($450) for an EVENT longer than four hours but less than eight (8) hours,
per staff member shall be applied to USER's total USE FEE. For purposes of this section, an EVENT that
requires staff members for two (2) or more consecutive days shall be calculated toward the total hours of the
EVENT. If theater staff members are required beyond the eight (8) hours provided herein, then an additional
fee of one hundred dollars per hour ($100/hour) per staff member shall be applied to USER'S total USE FEE.
Should USER require theater staff members to aide in the setting up, rehearsal, or breakdown of the EVENT,
one (1) theater staff member will be assigned to assist, oversee, and supervise operations in the THEATER.
There will be no additional Theater Staff Charge for the first eight (8) hours, however, any additional time
beyond eight (8) hours will result in an additional Theater Staff Charge of forty dollars per hour ($40/hour).
For any Filming EVENT, one (1) theater staff member will be assigned to oversee and supervise operations
in the THEATER at a rate of two hundred dollars for the first eight (8) hours of each Film Use Period
($200/Film Use Period). Any additional time beyond eight (8) hours will result in an additional Theater Staff
Charge of forty dollars per hour ($40/hour).
In addition to the above, the USER shall pay an additional Theater Staff Charge as a "during -event cleaning
fee" in the amount of one hundred twenty dollars ($120). This Theater Staff Charge is for the CITY to provide
sufficient staff to ensure the THEATER remains clean during the EVENT, including unforeseen incidents
that require emergency cleaning.
Except as specifically provided herein, USER shall be responsible for all staffing in connection with the use
of the THEATER and/or film/presentation of the EVENT, including, but not limited to, ticket sellers/takers,
ushers, stagehands, spotlight operators, etc. USER further agrees to use only those sound/lighting technicians
that have been approved by the CITY to operate THEATER sound and/or lighting equipment. If the
Auditorium Manager determines that it is in the best interest of the CITY to require additional staffing to be
present for an EVENT, the USER shall be charged the fees as defined in this Section.
4. ADDITIONAL CHARGES:
USER shall be responsible for the cost of all other supplies, services, or equipment not contemplated above
that are required in connection with the EVENT ("Additional Charges"). Payment of Additional Charges
incurred after this Agreement is executed shall be made no later than five (5) business days following the
occurrence giving rise to such Additional Charge.
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Docusign Envelope ID: 62F0E37F-8D14-45C0-99A1-74BCF82F7F84
USER shall pay a non-refundable cleaning fee ("Cleaning Fee") of three hundred one dollars ($301) for up
to four (4) hours of post -EVENT cleaning. Should additional cleaning be required beyond four (4) hours,
then an Additional Charge of twenty-five dollars per hour ($25/hour) shall apply to USER'S total USE FEE.
For Rehearsals, USER shall pay a Cleaning Fee of fifty dollars per rehearsal ($50/rehearsal) for post -rehearsal
cleaning.
5. PAYMENT SCHEDULE:
USER shall make payments in the following amounts no later than the times indicated below. Failure to
make timely payment may result in the immediate termination of this Agreement and forfeiture of the
DEPOSIT, as hereinafter defined.
1. The DEPOSIT, as further defined below, to be paid upon signing of this Agreement.
2. The minimum use fee, Four Hundred and 00/100 dollars ($400.00) for Theater 1 or Two Hundred
and 00/100 ($200.00) for Theater 2, acknowledged to have been paid at the time of the
Reservation. If not at time of Reservation, then it shall be paid upon signing this Agreement;
3. The remainder of the USE FEE shall be paid no later than thirty (30) days prior to the
commencement of the USE PERIOD.
Payment of Additional Charges incurred after execution of this Agreement shall be paid in accordance with
Section 4 above.
6. DEPOSIT:
USER shall pay, to CITY a DEPOSIT in the amount of one hundred five dollars per day ($105.00/day) of
the USE PERIOD as well as a one hundred dollar ($100.00) cleaning deposit (both to be included in the
definition of "DEPOSIT").
7. FEE SCHEDULE:
All applicable fees, except those Additional Charges unforeseen at the time of this writing, are included in
the fee schedule included on the following page.
8. TICKET:
a. TICKET SURCHARGE:
USER agrees to pay to the CITY all applicable ticket surcharges as stated in Section 53-1(b) of the Code of
the City of Miami and ordinance 10509 of the City of Miami, as amended. As adopted on October 26, 2017,
the applicable ticket surcharge is as follows:
• $0.75 on all tickets between $1.00 to $14.99.
• $1.00 on all tickets between $15.00 to $29.99.
• $2.00 on all tickets $30.00 to $99.99.
• $3.00 on all tickets $100.00 to $249.99.
• $5.00 on all tickets $250.00 to $499.99;
• $10.00 on all tickets $500.00 to $999.99; and,
• $12.00 on all tickets $1,000.00 and over.
The ticket surcharge, or an amount equal to the ticket surcharge, shall also apply to all complimentary tickets
except as provided hereunder. The amount of the ticket surcharge shall be paid not later than the end of the
EVENT, when the box office is settled
b. COMPLIMENTARY TICKETS DISTRIBUTION & EVENT MONITORING:
USER shall have right to distribute up to 1,000 complimentary tickets for the EVENT for promotional use
without payment of a ticket surcharge. USER shall only pay a ticket surcharge on complimentary tickets
actually used at the EVENT in excess of the 1,000 tickets authorized herein. USER shall not pay a ticket
surcharge on complimentary tickets issued in excess of the above allotment of tickets authorized per event
Rev. 02162024
Docusign Envelope ID: 62F0E37F-8D14-45C0-99A1-74BCF82F7F84
day, but not used. Members and employees of the CITY or CITY shall have access to the premises to monitor
and facilitate the EVENT.
c. TICKET POLICY:
USER agrees that all ticketed portions of the EVENT will be audited by the CITY'S Box Office Auditor
and/or Manager. There will be no exceptions. USER agrees to submit a valid ticket manifest prior to the
opening of the gates. There will be no exceptions. The CITY'S will hire a ticket counting staff with an
attendance supervisor to track the number of patrons entering the facility and will report back to Executive
staff at the end of the event their number to determine clients ticket sales. Failure to provide a valid ticket
manifest may result in a non-compliance fee as outlined below. The fee will be assessed on all tickets counted
by the CITY, including complimentary tickets.
1,000 to 9,999 tickets - $1,000.00 non-compliance fee 10,000 to 19,999 tickets - $2,000.00 non-compliance
fee 20,000 + tickets - $3,000.00 noncompliance fee
d. USER agrees that the USER will provide at USER'S cost all personnel required for ticket taking,
gate control, and ticket counting, as necessary.
e. USER agrees that all tickets must be tom in half at turnstiles and half must be returned to the patron
entering the show. The CITY reserves the right to access and count all "drop" ticket stubs.
f. In the event that the USER employs the ticket scanning method, as opposed to the method described
in section 8.e:
1. USER ticket scanning personnel will not tear tickets in half and a drop count will not be
used.
2. USER shall provide sufficient back-up scanners in the event of any scanner malfunction. In the
event of a complete scanner failure, CITY may use alternative methods to maintain accurate counts of patrons
attending the EVENT.
3. USER will provide CITY with a laptop loaded with a ticketing program that will track the
scanned tickets making it possible to know how many patrons are in the facility at any time. Such method
will apply to section 8.g below.
g.
In the event that the show's tickets are sold out, the CITY and USER agree to the following:
1. Ticket counting staff will not be required.
2. USER will pay the CITY the corresponding ticket surcharge, pursuant to section 53-2 of
the Code of the City of Miami and ordinance 10509 of the City of Miami, as amended.
3. Ticket Surcharge will be due and paid no later than 12:15 a.m. of each day following show;
and
4. Ticket Surcharge will be paid on every ticket sold, subject to the terms and conditions in
section 8.a and 8.b
h. USER agrees to pay all applicable taxes and service charges related to tickets.
Rev. 02162024
Docusign Envelope ID: 62F0E37F-8D14-45C0-99A1-74BCF82F7F84
FEE SCHEDULE
Ticket Sales
Unit Cost
For -Profit Entity - Event 4 Hours or less
$682.50
For -Profit Entity 2 Hours or less
$420.00
Non -Profit Entity - Event 4 hours or less
$630.00
Additional hours beyond 4 hours
$52.50
Rehearsal
Non event date after 5pm
$210.00
Non event date before 5pm
$105.00
on event day 4 hours or less
$105.00
Aditional Hours
$52.50
Rehearsal No performance
$577.50
Rehearsal Cleaning
$50.00
Filming
4 hours or less
$735.00
8 Hours or less
$892.50
More than 8 hours
$1,050.00
Setup and Dismantle
8 hours or less
$0.00
Additional Hour
$52.50
In -House sound or light technician
No tech
$300.00
Light
$300.00
Sound
$300.00
Daily Event Tech1 SOUND
$450.00
Daily Event tech2
$450.00
Additional HourTechl
$40.00
Additional Hour tech2
$40.00
Rehearsal4 hrs or less Tech1
$100.00
Rehearsal4 hrs or less Tech2
$100.00
Extra Equipment
Wireless Mic (Max2)
$50.00
Lavaliers (Max2)
$50.00
Top Intelligent Lights + Haze
$400.00
Haze With House Lights
$100.00
Bottom Int Lights + Haze
$500.00
Top/Bottom Lights + Haze
$800.00
Canes (Not Yet)
$800.00
Rev. 02162024
Docusign Envelope ID: 62F0E37F-8D14-45C0-99A1-74BCF82F7F84
Mist Machine
$150.00
Front Projector
$400.00
Back Projector
$500.00
Piano
$0.00
(2) Spot Lights
$0.00
Marley Dance Floor (User will provide installation and
tape)
$100.00
Screen (9x12)
$250.00
20 Mbps Upload Streaming
$100.00
Additional Expenses
Alcohol/Food
$150.00
Overnight
$150.00
Lobby Media Exclusivity
$100.00
Oversize Backdrop
$150.00
Additional Rooms (5)
$50.00
Deluxe Podium
$50.00
Cleaning Crew Event
$120.00
Concession Stand (Not Yet)
$500.00
Loading Dock (Not Yet)
$150.00
Theater Cleaning
$301.00
Rev. 02162024
Docusign Envelope ID: 62F0E37F-8D14-45C0-99A1-74BCF82F7F84
EXHIBIT C — USE AREA
1. USE AREA:
The following areas, as further depicted in the sketch below, shall be considered the USE AREA for purposes
of this Agreement:
X 100 Seat Theater
❑ 250 Seat Theater
USER shall not be permitted to remove any lighting equipment from their original setting under any
circumstances. USER may not change the lighting equipment's original positioning or focusing or reprogram
the lighting computer without the CITY'S prior written approval and supervision. In the event the CITY
approves of such changes, USER shall return all lighting equipment and lighting computer programming to
its original position/focus/program upon conclusion of the EVENT. The costs of any such approved changes
and restoration shall be borne by USER. Any violation of this Section shall be grounds for the immediate
termination of this Agreement and the CITY may pursue any remedies at law or equity against USER for
damages arising from said violation.
Rev. 02162024
Docusign Envelope ID: 62F0E37F-8D14-45C0-99A1-74BCF82F7F84
EXHIBIT D - INSURANCE REQUIREMENTS:
L Commercial General Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence $1,000,000
General Aggregate Limit $ 2,000,000
Personal and Adv. Injury $ 1,000,000
Products/Completed Operations $ 1,000,000
B. Endorsements Required
City of Miami included as an additional insured (Endorsement is required)
Primary Insurance Clause
Contingent and Contractual liability
Premises and Operations Liability
IL Business Automobile Liability (If Applicable)
A. Limits of Liability
Bodily Injury and Property Damage Liability
Combined Single Limit
Any Auto
Including Hired, Borrowed or Non -Owned Autos
Any One Accident $ 300,000
B. Endorsements Required
City of Miami included as an Additional Insured
III. Worker's Compensation (IF APPLICABLE)
Limits of Liability
Statutory -State of Florida
Employer's Liability
C. 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
IV. Host liquor/Liquor Liability (IF APPLICABLE)
D. Limits of Liability
Each occurrence $1,000,000
Aggregate $1,000,000
The Department of Risk Management reserves the right to solicit additional coverage or higher limits of
liability as may be applicable.
The above policies shall provide the City of Miami with written notice of cancellation or material change from
the insurer in accordance with policy provisions.
Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance
policies required above:
Rev. 02162024
Docusign Envelope ID: 62F0E37F-8D14-45C0-99A1-74BCF82F7F84
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.
Rev. 02162024
Docusign Envelope ID: 62F0E37F-8D14-45C0-99A1-74BCF82F7F84
EXHIBIT E — TULIP INSURANCE
TULIP Class One Events
Antique Shows
Art Festivals and Shows
Auctions
Award Presentations
Ballets or other Classical Dance Shows/Recitals
Beauty Pageants
Body Building Contests
Business Meetings or Shows
Chamber of Commerce Events
Charity Benefits, Dances, Auctions or Sales
Choirs — Indoors
Church Services or Meetings
Civic Club Meetings
Classical Dance Shows
Classical Music Concerts - Indoors
Concerts — Celtic Music
Concerts — Chamber Music
Concerts — Holiday Music
Concerts — Instrumental
Consumer Shows
Dance Competitions
Dance Recital
TULIP Rating Schedule
Daily Attendees
(Spectators/Participants)
A. 1 - 100
B. 101 - 500
C. 501 - 1,500
Daily Attendees
(Spectators/Participants)
A. 1 - 100
B. 101 - 500
C. 501 - 1,500
Fashion Shows
Flowers Shows
Funeral Service
Graduations
Holiday Events & Parties
Home Shows
Jam and Jazz Concerts — Indoors
Job Fairs - Indoors
Ladies Club Events
Lecturers
Meeting (indoors)
Pageants
Professional and Amateur Association Meetings
Reunions — Indoors
Seances
Seminars
Social Receptions
Speaking Engagements
Story Teller
Symphony Concerts
Teleconferences
Telethons
Voter Registration
A. Total Event Rates (1-4 Days)
Class I
$75.00
100.00
150.00
Class II
$100.00
135.00
185.00
B. Total Event Rates (5 or More Days)
Class I Class II
$95.00
140.00
235.00
$170.00
215.00
355.00
Class III
$150.00
200.00
310.00
Class III
$300.00
360.00
455.00
* Add 10% to the premium for each Additional Insured (other than the programs sponsor and venue), up
to a maximum of $1,000.00.
Handling Fee: $35.00
Rev. 02162024
Docusign Envelope ID: 62F0E37F-8D14-45C0-99A1-74BCF82F7F84
TULIP Class Two Events
Bingo Games
Carnivals — School Events with no mechanical
Christmas Tree Lighting
Clowns — No Motorized Vehicles
Comedians
Concerts — 50's, 60's 70's or 80's Music
Concerts — Blues Music
Concerts — Country Music
Concerts — Folk Music
Concerts — Funk Music
Concerts — Motown
Concerts — Soul Music
Dog, Cat, Bird & Other Domestic Animal Shows/Events
Festivals and Cultural Events — Indoors
Impersonator — Celebrity or Holiday Character
Impressionist
Jugglers (No Pyro)
Magician
Mariachi Band
School Band Competitions or Events
Union Meeting
TULIP Rating Schedule
Daily Attendees
(Spectators/Participants)
A. 1 - 100
B. 101 - 500
C. 501 - 1,500
A. Total Event Rates (1-4 Days)
Class I Class II Class III
$75.00 $100.00 $150.00
100.00 135.00 200.00
150.00 185.00 310.00
B. Total Event Rates (5 or More Days)
Daily Attendees Class I Class II Class III
(Spectators/Participants)
A. 1 - 100 $95.00 $170.00 $300.00
B. 101 - 500 140.00 215.00 360.00
C. 501 - 1,500 235.00 355.00 455.00
* Add 10% to the premium for each Additional Insured (other than the programs sponsor and venue), up
to a maximum of $1,000.00.
Handling Fee: $35.00
Rev. 02162024
Docusign Envelope ID: 62F0E37F-8D14-45C0-99A1-74BCF82F7F84
TULIP Class Three Events
Aerobics and Jazzercise Classes or Events
Casino and Lounge Shows
Cheerleading Events/Competitions (no Pyramids)
Comedy shows
Concert — Pop Cover Bands
Film Screenings
Film Showings
Gymnastic Competitions — Spectators Only
Halloween — Costume Contests
Magic Show
Old Timer Event
Play Readings
Plays
Proms
Talent Show (No Rap, Hip Hop, Heavy Metal shows)
Tap Dancing
Theatrical Stage Performances
Wine Tasting
TULIP Rating Schedule
Daily Attendees
(Spectators/Participants)
A. 1 - 100
B. 101 - 500
C. 501 - 1,500
A. Total Event Rates (1-4 Days)
Class I
$75.00
100.00
150.00
B. Total Event Rates (5 or More Days)
Class II Class III
$100.00 $150.00
135.00 200.00
185.00 310.00
Daily Attendees Class I Class II Class III
(Spectators/Participants)
A. 1 - 100 $95.00 $170.00 $300.00
B. 101 - 500 140.00 215.00 360.00
C. 501 - 1,500 235.00 355.00 455.00
* Add 10% to the premium for each Additional Insured (other than the programs sponsor and venue), up
to a maximum of $1,000.00.
Handling Fee: $35.00
Rev. 02162024
Docusign Envelope ID: 62F0E37F-8D14-45C0-99A1-74BCF82F7F84
CORPORATE RESOLUTION
LFP PRODUCTIONS, LLC
WHEREAS, desires to enter into an Agreement with the City of
Miami, a copy of which is attached hereto ; and
WHEREAS, the Board of Directors at a duly held corporate meeting has considered the matter in
accordance with the By -Laws of the corporation;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS that Salvador Alba
(please state the person's name) is hereby authorized and instructed to enter into an Agreement and
undertake the responsibilities and obligations as stated in such proposed Agreement in the name and on
behalf of this corporation with the City of Miami upon the terms contained in the proposed Agreement
to which this resolution is attached.
August 2, 2024 1 11:52:43 PDT
DATED this day of
DocuSigned by:
Signature:
Print Name:
Title: Pri nci pal
, 2023.
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
August 5, 2024 1 08:58:40 EDT
The foregoing instrument was acknowledged before me this day of , 2023,
by Salvador Alba
Personally Known OR Produced Identification X
Type of Identification Produced FLDL#: A415-781-84-285-0
(NOTARY SEAL)
,-DocuSigned by:
Z Z.
'-C9D4A44055634DC...
NOTARY PUBLIC — STATE OF FLORIDA
Print Name: Yunior Santana
Commission No.: HH419953
Commission Expires: 07/23/2027
Docusign Envelope ID: 62F0E37F-8D14-45C0-99A1-74BCF82F7F84
EXHIBIT G - ANTI -HUMAN TRAFFICKING AFFIDAVIT
1. The undersigned affirms, certifies, attests, and stipulates as follows:
a. The entity/individual is a nongovernmental entity authorized to transact business
in the State of Florida (hereinafter, "nongovernmental entity").
b. The nongovernmental entity is either executing, renewing, or extending a contract
(including, but not limited to, any amendments, as applicable) with the City of
Miami ("City") or one of its agencies, authorities, boards, trusts, or other City
entity which constitutes a governmental entity as defined in Section 287.138(1),
Florida Statutes (2024).
c. The nongovernmental entity is not in violation of Section 787.06, Florida Statutes
(2024), titled "Human Trafficking."
d. The nongovernmental entity does not use "coercion" for labor or services as
defined in Section 787.06, Florida Statutes (2024).
2. Under penalties of perjury, pursuant to Section 92.525, Florida Statutes, I declare the
following:
a. I have read and understand the foregoing Anti -Human Trafficking Affidavit and
that the facts, statements and representations provided in Section 1 are true and
correct.
b. I am an officer, a representative, or individual of the nongovernmental entity
authorized to execute this Anti -Human Trafficking Affidavit.
FURTHER AFFIANT SAYETH NAUGHT.
Nongovernmental Entity/Individual: LFP Productions, LLC
Name: Title: Authorized Representative per Sunbiz
Signature:
9591054*F4294B5...
Office Address:
2620 Northeast 135th Street, #228, North Miami, FL 33181
Email Address: salbanolasco@outlook.com Main Phone Number:
Rev. 08152024
Docusign Envelope ID: 62F0E37F-8D14-45C0-99A1-74BCF82F7F84
EXHIBIT H — APPLICATION
Rev. 08152024
Docusign Envelope ID: 62F0E37F-8D14-45C0-99A1-74BCF82F7F84
Date:
Eitu
August 2, 2024 1 11:52:43 PDT
VIA ELECTRONIC MAIL
LFP PRODUCTIONS, LLC
salvador Alba
2620 NE 135th st 228 North Miami, FL 33181
salbanolasco@outlook.com
RE: Reservation of the Tower Theater on
To whom it may concern,
11/30/24
ARTHUR NORIEGA, V.
City Manager
The City of Miami, Depaitiuent of Real Estate and Asset Management, which manages the Tower Theater
("Theater") located at 900 SW 1st Street, Miami, Florida 33130, received your application for the use of the
Theater for purpose of Concert ("Event"), more specifically described in the
attachment to this correspondence. Your reservation for the use of the Theater for the Event is contingent on the
following conditions:
1. A non-refundable deposit in the amount of $105 ($105.00/day) ("Deposit") to be paid to
the City of Miami within seven (7) days of the date of this letter by ACH, cashier's check, credit card,
or wire transfer. Applicable City information will be provided upon request. The Deposit shall be applied
to the total Use Fee once determined.
2. Execution of a Use Agreement with terms acceptable to the City Manager and in a form acceptable to
the City Attorney. The Use Agreement must be signed and returned along with the deposit described
above. Failure to execute a Use Agreement timely will result in a cancellation of your Event.
Thefollowing days will be reserved for your Event upon completion of the above conditions:
11/3024 through 11/30/24 . These days are non -assignable. Should you have any comments or
questions, please contact Yunior Santana at ysantana@miamigov.com.
Enclosed:
- Application
,—DocuSigned by:
'— 9591054AF4294B5...
DEPARTMENT OF REAL ESTATE AND ASSET MANAGEMENT
444 S.W. 2nd Avenue, 3rd Floor, Miami, FL 33130 / (305)416-1450 Fax: (305)416-2156
Docusign Envelope ID: 62F0E37F-8D14-45C0-99A1-74BCF82F7F84
EXHIBIT I — CERTIFICATE OF INSURANCE
Rev. 02162024
Docusign Envelope ID: 62F0E37F-8D14-45C0-99A1-74BCF82F84
..�......7F
..,, . ... LIABILITY INSURANCE
DATE(MM/DD/YYYY)
10/04/24
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
Specialty Advantage Insurance Services
505 North Brand Blvd
Suite 1250
Glendale, CA 92103
CONTACT
NAME: GatherGuard Administrator
PHONE (844) 747-6240 FAX (A/C, No):
(A/C, No, Ext):
E-MAIL ADDRESS: gatherguard@intactinsurance.com
INSURER(S) AFFORDING COVERAGE
NAIC #
INSURER A: Atlantic Specialty Insurance Company
27154
INSURED
LFP Productions LLC
2620 NE 125th Street
North Miami, FL
33181
INSURER B:
INSURERC:
INSURER D:
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 POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
ADDL
INSD
SUBR
WVD
POLICY NUMBER
POLICY EFF
(MM/DD/YYYY)
POLICY EXP
(MM/DD/YYYY)
LIMITS
A
X
COMMERCIAL GENERAL LIABILITY
X
GGL042641
11/30/2024
12/01/2024
EACH OCCURRENCE
$
1,000,000
CLAIMS -MADE
X OCCUR
DAMAGE TO RENTED
PREMISES (Ea occurrence)
$
1,000,000
X
Includes Host Liquor
MED EXP (Any one person)
$
Excluded
PERSONAL & ADV INJURY
$
1,000,000
GEN'L AGGREGATE LIMIT APPLIES
PER:
GENERAL AGGREGATE
$
2,000,000
X
POLICY PROJECT
LOC
PRODUCTS - COMP/OPAGG
$
1,000,000
OTHER:
AUTOMOBILE
LIABILITY
ANY AUTO
OWNED
AUTOS ONLY
HIRED
AUTOS ONLY
SCHEDULED
AUTOS
NON -OWNED
AUTOS ONLY
COMBINED SINGLE LIMIT
(Ea accident)
$
BODILY INJURY (Per person)
$
BODILY INJURY (Per accident)
$
PROPERTY DAMAGE
(Per accident)
$
UMBRELLA UAB
EXCESS LIAB
OCCUR
CLAIMS MADE
EACH OCCURRENCE
$
AGGREGATE
$
DED RETENT ON $
$
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y / N
ANY PROPRIETOR/PARTNER/EXECUTIVE/
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
N
N / A
PER OTH-
STATUTE ER
$
E.L. EACH ACCIDENT
$
E.L. DISEASE - EA EMPLOYEE
$
E.L. DISEASE - POLICY LIMIT
$
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
Event Name: Caminando y Sanando
Event Type: Concert (indoors)
Event date(s): 11/30/24
Daily Attendance: 100
Number of Days: 1
CERTIFICATE HOLDER
CANCELATION
City of Miami
444 SW 2nd Avenue, 9th Floor
Miami, FL 33130 US
Tower Theater
1508 SW 8th St
Miami, FL 33135 US
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE A / (t/
ACORD 25 (2016/03)
The ACORD name and logo are registered marks of ACORD
(c) 1988-2015 ACORD CORPORATION. All right reserved.
Olivera, Rosemary
From: Dominguez, Maria
Sent: Thursday, October 17, 2024 10:23 AM
To: Hannon, Todd; Ewan, Nicole; Bailey, Deborah A; Olivera, Rosemary
Cc: Castellon, Nathaly
Subject: Executed-TT-ID#24-2159-11.30.24-LFP Productions LLC-TS2
Attachments: Executed-TT-ID#24-2159-11.30.24-LFP Productions LLC-TS2.pdf
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.
Thank you,
Maria Dominguez
Administrative Aide I
City of Miami — Dept. of Real Estate & Asset Management "DREAM"
Tower Theater -1508 SW 8 ST Miami, Fl 33135
mdominguez(a miamigov.com
(305) 960-2938
TOLUEEI=
1.EPTEP
1