HomeMy WebLinkAbout25483AGREEMENT INFORMATION
AGREEMENT NUMBER
25483
NAME/TYPE OF AGREEMENT
LATINOS UNITED IN ACTION CENTER INC
DESCRIPTION
USE AGREEMENT/TOWER THEATER/FILM/MATTER ID: 25-
320
EFFECTIVE DATE
ATTESTED BY
TODD B. HANNON
ATTESTED DATE
2/25/2025
DATE RECEIVED FROM ISSUING
DEPT.
2/26/2025
NOTE
DOCUSIGN AGREEMENT BY EMAIL
Docusign Envelope ID: 778F37AC-12AB-457C-92CF-026860EA4079
CITY OF MIAMI
DOCUMENT ROUTING FORM
ORIGINATING DEPARTMENT: DREAM
DEPT. CONTACT PERSON: Yunior Santana EXT. (305)960-4686
NAME OF OTHER CONTRACTUAL PARTY/ENTITY: LATINOS UNITED IN ACTION CENTER INC
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): Film
❑ 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
February 14,
2025
1 13:04: 37SIATURE:
PRINT: Andrew Frey
DocuSigned by:
Aotre,.1 Fre•
9AB076E0CF7E4C
SUBMITTED TO RISK MANAGEMENT
February 19,
2025
1 06:54:5Es
PRINT: Ann -Marie Sharper
ATURE:
DocuSigned by:
riettlAk aow
"C6310214E;
SUBMITTED O C20Y ATTORNEY ADS
Matter ID#: il, February 19,
2025
I 18:18:1rI
PRINT: George K Wysong
ATURE:
—2
DocuSigned by:
atAhro .
\ 86
Egned
APPROVAL BY ASSISTANT CITY MANAGER
February 25,
2025
I 11:41: 34S
PRINT: Larry Spring
ATURE:
(—DocuSigned by:
Docu by
SpVtU
Can26n2E.7E,^n
RECEIVED BY CITY MANAGER
February 25,
2025
I 13:25:04
PRINT: Arthur Noriega
EST
SIGNATURE:
r—DocuSigned by:
Art Noriet..
O'OCFCC372BB4z
February 25 ,
1 ONE ORIGINAL TO CITY CLERK,
2) ONE COPY TO CITY ATTORNEY'S OFFICE,
3) REMAINING ORIGINAL(S) TO ORIGINATING
DEPARTMENT
2025 1
19:10: 38
HINT: Todd Hannon
SIGNATURE:
PRINT:
SIGNATURE:
PRINT:
SIGNATURE:
DocuSigned by:
E46D7560DCF145£
PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE
EXECUTION BY THE CITY MANAGER
Docusign Envelope ID: 778F37AC-12AB-457C-92CF-026860EA4079
Docusign Envelope ID: 778F37AC-12AB-457C-92CF-026860EA4079
USE AGREEMENT FOR EVENT SPACES
TOWER THEATER
This USE AGREEMENT, hereinafter referred to as the "Agreement," made this day of
, 2025 ("Effective Date"), by and between the City of Miami, a municipal
corporation in the State of Florida, hereinafter referred to as the "CITY," and LATINOS UNITED IN ACTION CENTER INC
a Florida Not For Profit Corporation with offices located at 3323 NW 17TH AVE MIAMI, FL 33142
hereinafter 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 8 Street, Miami, Florida 33135, hereinafter referred to as the "THEATER"; and
WHEREAS USER wishes to use the THEATER for the purpose of Film
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 principal 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
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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"). Except as expressly provided hereunder, USER shall be completely responsible
for the production, coordination and management of the EVENT, at its sole cost and expense.
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. Notwithstanding any language to the contrary, the CITY retains the right to enter and access
the USE AREA at any time during the USE PERIOD as it deems necessary. USER shall not prohibit
or restrict 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 or better 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. 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.
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.
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 proscribed in Exhibit B.
Except as otherwise specifically provided herein, USER shall be responsible for all costs involved
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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 explicitly 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.
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/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
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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) 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, 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
governmental 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.
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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.
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 thirty (30) days' written notice to USER.
Additionally, the City shall be able to teiininate 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, designees, 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
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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.
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.
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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 teens 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: Sylvester Perez Art Noriega
Title: Director City Manager
Address: 3323 NW 17TH AVE MIAMI, FL 33142 444 SW 2nd Avenue, 10th Floor
Miami, FL 33130
Email: amadav@aol.com anoriega@miamigov.com
WITH A COPY TO:
George K. Wysong III
City Attorney
444 SW 2" a Avenue, 9th Floor
Miami, FL 33130
gwysong@miamigov.com
Nathaly Castellon
Tower Theater, Assistant Venues Manager
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1508 SW 8th Street
Miami, Florida 33135
ncastellon@miamigov.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.
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.
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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 be 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. 20241001 Page 9
Docusign Envelope ID: 778F37AC-12AB-457C-92CF-026860EA4079
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: , -signed by:
S4m,sfc r Pun/7
'—C,4YC.ubuti 1AUF4C:r...
Signature
Sylvester Perez
Print Name
Director
Title
If Individual, notarize below
STATE OF
COUNTY OF
February 13, 2025 1 10:33:14 PST
Date
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:
Signature of Notary Public Taking Acknowledgment
Print Name:
Serial Number (if any):
Commission Expires:
Rev. 20241001 Page10
Docusign Envelope ID: 778F37AC-12AB-457C-92CF-026860EA4079
ATTEST:
BY:
DocuSigned by:
City Clerk
CITY OF MIAMI,
a municipal corporation of the State of Florida
DocuSigned by:
A,4 Pon'e i ,
BY:
�1
ercc372BD42A...
5 2025 I 19:10:38 ESArtNoriegaV February 25, 2025 I 13:25:04 EST
City Manager
APPROVED AS TO INSURANCE
REQUIREMENTS:
APPROVED AS TO FORM AND
CORRECTNESS:
DocuSigned by: DocuSigned by: /' 1
BY: VA Gbw�t /j BY: 0677GCbV�, w1lSbin�9�S #25-320
QFCG8240D...
Ann- arse Tiarpe, Director George K. Wysong II'b
Risk Management February 19, 2025 I 06: 54: 56 ESCity Attorney February 19, 2025 I 18:18:15 EST
Rev. 20241001
Page11
Docusign Envelope ID: 778F37AC-12AB-457C-92CF-026860EA4079
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 EVENT to be located in Theater Stage 1
is two hundred fifty (250) persons per day and that USER shall not print more than two hundred
fifty-one (251) tickets for entrance into Theater Stage 1. Additionally, the maximum attendance at
any EVENT to be located in Theater Stage 2 is one hundred (100) persons per day and that USER
shall not print more than one hundred and one (011) tickets for entrance into Theater Stage 2.
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. Additionally, any EVENT described herein shall be subject
to and comply with City Code Section 2-777.
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, 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. The above -referenced fees are in addition to any Theater Staff Charges or Additional
Charges that may be incurred.
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 include required periods for presenting, rehearsing, setting up, and
breaking down the EVENT as indicated on the following page:
Remainder of page intentionally left blank
Rev. 20241001 Page A - 1
Docusign Envelope ID: 778F37AC-12AB-457C-92CF-026860EA4079
USE PERIOD*
Event
Commencement
Termination
Film
2/20/25: 8PM
2/20/25: 10PM
Set up
2/20/25: 6PM
Dismantle
2/20/25: 10:30PM
*Times and dates are subject to change in the sole discretion of the City.
Rev. 20241001
PageA - 2
Docusign Envelope ID: 778F37AC-12AB-457C-92CF-026860EA4079
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 by the City. 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 Fee Schedule below.
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 applicable fees, as set forth in the
Fee Schedule below, shall apply.
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 in the amount set forth in the Fee Schedule below.
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 in the amount set forth in the Fee Schedule below.
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, cleaning during events if needed to
maintain a clean theater, 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.
USER shall pay a non-refundable cleaning fee ("Cleaning Fee") during the EVENT as well as
during Rehearsals, as set forth in the Fee Schedule below.
Rev. 20241001 Page B - 1
Docusign Envelope ID: 778F37AC-12AB-457C-92CF-026860EA4079
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 Stage 1 or
Two Hundred and 00/100 ($200.00) for Theater Stage 2, acknowledged to have been paid
at the time of the Reservation. If not collected by the City at the time of Reservation, then
the same 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. 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 day, but not used. Members and employees of the CITY
or CITY shall have access to the premises to monitor and facilitate the EVENT.
Rev. 20241001 Page B - 2
Docusign Envelope ID: 778F37AC-12AB-457C-92CF-026860EA4079
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, as follows:
- 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:
g.
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.
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 City Code and Ordinance 10509, 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.
8. FEE SCHEDULE:
All applicable fees, except those Additional Charges unforeseen at the time of this writing, are
included in the fee schedule set forth on the following pages:
Rev. 20241001 Page B - 3
Docusign Envelope ID: 778F37AC-12AB-457C-92CF-026860EA4079
Tower Stage 1— 250 seating capacity
Event (No Ticket Sales)
Cost Unit
4 Hours or less
$
577.50
Daily Rent
$
787.50
Additional Hour
$
52.50
Event (Ticket Sales)
Cost Unit
Profit 4 Hours or less
$
690.00
Non -Profit 4 hours or less
$
590.00
Profit 2 Hours or less
$
450.00
Additional hour
$
50.00
Rehearsal
Cost Unit
Nonevent date after 5pm
$
210.00
On event day 4 hrs or less
$
105.00
Additional Hours
$
50.00
Rehearsal No performance
$
570.00
Rehearsal Cleaning
$
50.00
Filming
Cost Unit
4 hours or less
$ 740.00
8 Hours or less
$ 900.00
More than 8 hours
$ 1,050.00
Setup and Dismantle
Cost Unit
8 hours or less
$
-
Additional Hour
$
50.00
In -House sound or light technician
Cost Unit
No tech
$
300.00
Light
$
300.00
Sound
$
300.00
Daily Event Tech1 SOUND
$
450.00
Daily Event Tech2
$
450.00
Additional Hour Techl
$
40.00
Additional Hour Tech2
$
40.00
Rehearsal 4 hrs or less
Tech 1
$
100.00
Rehearsal 4 hrs or less
Tech2
$
100.00
Extra Equipment
Cost Unit
Wireless Mic (Max2)
$
50.00
Lavaliers (Max2)
$
50.00
Haze
$
100.00
Movie Projector (8 Hours)
$
500.00
Additional Expenses
Description
Cost Unit
Cleaning Crew Event
$
75.00
Theater Cleaning
$
175.00
Rev. 20241001
PageB - 4
Docusign Envelope ID: 778F37AC-12AB-457C-92CF-026860EA4079
Tower Stage 2 - 100 Seating capacity
Event (No Ticket Sales)
Cost Unit
4 Hours or less $
577.50
Daily Rent $
787.50
Additional Hour $
52.50
Event (Ticket Sales)
Cost Unit
Profit 4 Hours or less $
312.00
Non -Profit 4 hours or less $
269.00
Profit 2 Hours or less $
205.00
Additional hour $
25.00
Rehearsal
Cost Unit
Non event date after 5pm $
100.00
on event day 4 hrs or less $
50.00
Additional Hours $
50.00
Rehearsal No performance $
260.00
Rehearsal Cleaning $
25.00
Filming
Cost Unit
4 hours or less $
338.00
8 Hours or less $
411.00
More than 8 hours $
480.00
Setup and Dismantle
Cost Unit
8 hours or less $
-
Additional Hour $
25.00
In -House sound or light technician
Cost Unit
No tech $
300.00
Light $
300.00
Sound $
300.00
Daily Event Tech1 SOUND $
450.00
Daily Event tech2 $
450.00
Additional Hour Techl $
40.00
Additional Hour tech2 $
40.00
Rehearsal 4 hrs or less
Tech 1 $
100.00
Rehearsal 4 hrs or less
Tech2 $
100.00
Extra Equipment
Cost Unit
Wireless Mic (Max2) $
50.00
Lavaliers (Max2) $
50.00
Haze $
100.00
Movie Projector (8 Hours) $
500.00
Additional Expenses
Description Cost Unit
Cleaning Crew Event $
54.00
Theater Cleaning $
137.00
Rev. 20241001
PageB - 5
Docusign Envelope ID: 778F37AC-12AB-457C-92CF-026860EA4079
EXHIBIT C — USE AREA
USE AREA:
The following selected areas shall be considered the USE AREA for purposes of this Agreement:
Tower Stage 1— 250 seating capacity
Tower Stage 2 — 100 seating capacity
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. 20241001 Page C - 1
Docusign Envelope ID: 778F37AC-12AB-457C-92CF-026860EA4079
EXHIBIT D - INSURANCE REQUIREMENTS:
1. Commercial General Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence
General Aggregate Limit
Personal and Adv. Injury
Products/Completed Operations
$1,000,000
$ 2,000,000
$ 1,000,000
$ 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
II. 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.
Rev. 20241001 Page D - 1
Docusign Envelope ID: 778F37AC-12AB-457C-92CF-026860EA4079
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.
Rev. 20241001 Page D - 2
Docusign Envelope ID: 778F37AC-12AB-457C-92CF-026860EA4079
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. 20241001 Page E - 1
Docusign Envelope ID: 778F37AC-12AB-457C-92CF-026860EA4079
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
$75.00
100.00
150.00
B. Total Event Rates (5 or More Days)
Class II
$100.00
135.00
185.00
Class III
$150.00
200.00
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. 20241001 Page E - 2
Docusign Envelope ID: 778F37AC-12AB-457C-92CF-026860EA4079
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
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 I
$95.00
140.00
235.00
Class II
$100.00
135.00
185.00
Class III
$150.00
200.00
310.00
Class II Class III
$170.00 $300.00
215.00 360.00
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. 20241001 Page E - 3
Docusign Envelope ID: 778F37AC-12AB-457C-92CF-026860EA4079
EXHIBIT F - CORPORATE RESOLUTION OR OTHER PROOF OF AUTHORITY
LATINOS UNITED IN ACTION CENTER INC
WHEREAS, ("Company") desires to enter into an agreement
with the City of Miami substantially in the form of the agreement to which this Resolution is attached (the
"Agreement"); and
WHEREAS, the Board of Directors or Managing Members as applicable ("Governing Body") at
a duly held meeting has considered the matter in accordance with the company's by-laws; and
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY that the Company
intends to enter into the Agreement with the City of Miami and be bound by its terms and the
Sylvester Perez
("Authorized Person") as Director
of the
Company is hereby authorized and directed to execute the Agreement in the name of this Company and to
execute any other documents and perform any acts in connection therewith as may be required to
accomplish its purpose.
BY:
IN WITNESS WHEREOF, this 13 day of February 20 25
—Signed by:
F L7...
Witness sg gnalure
Francisco Arias
Witness Name
i Signed by:
BY: Silm.t-skrPt,rv)
..'hairreg68951 t3overning Body or
Authorized Officer
Affix Corporate Seal if applicable
Rev. 20241001
PageG - 1
Docusign Envelope ID: 778F37AC-12AB-457C-92CF-026860EA4079
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. 1 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: LAT I N O S UNITED IN ACTION CENTER I N C
(—Signed by:
SG .t,skr p t 7
'—(,491,UbUblAUF4UF...
Signature:
Name:
Office Address:
Email Address:
Sylvester Perez
Title:
3323 NW 17TH AVE MIAMI, FL 33142 Phone Number:
amadav@aol.com
Di rector
Rev. 20241001 Page G - 2
Docusign Envelope ID: 778F37AC-12AB-457C-92CF-026860EA4079
EXHIBIT H — APPLICATION
Application attached on the following page(s)
Rev. 20241001 Page H - 1
Docusign Envelope ID: 778F37AC-12AB-457C-92CF-026860EA4079
Submission complete
Tower Theater Stage 1 Reservation 2024-2025
I have read and understood the rental process as described above.
Agreement Under
Please add a copy of your driver license.
Home Address
School Name
Full Company Name
Is your company registered in Florida?
Status of your company
Full Company Address
Please add a printout (PDF or JPEG) of your corporation sunbiz registration:
[Sunbiz.org](https://search.sunbiz.org/Inquiry/CorporationSearch/ByName)
Based on the sunbiz information, how many members your corporation has?
Based on the sunbiz information, we can only do the Agreement based on
someone listed in the Sunbiz Organization. Please type below the name of the
person listed in the Sunbiz Organization records that will be signing the
agreement.
Please type the email of the person signing the agreement
Based on our procedures, and based on the sunbiz information, if the corporation
has 2 or more members we will need an additional member of the corporation
named in sunbiz to be a witness. Please type the name of a witness that would also
sign the agreement
Please type the email of the person witnessing the agreement
Contact Person Full Address
Phone Number
E-mail
Alternative Phone Number
Alternative Email
Type of Event
Does your event have adult content / obscene language / Partial or Full Nudity /
implied sexual content or other content not suited for minors?
We required that you advise the public this event will be for adults only and no
minors will be allowed. Please provide notice in all social media post,
advertisements, flyers, and include "Adults Only" in the tickets. Please contact the
offices at artime@miamigov.com for further instructions. Please understand that if
the event is deemed adults only, the staff during the event is required to stop the
event in case there is a violation to the procedure and the show will not resume
until after all minors are scorted with their companions from the theater. Any
Signature uploaded
Corporation
AMADA LICENCIA.jpg
LATINOS UNITED IN
ACTION CENTER.INC
Yes
Active
3323 NW 17TH AVE
MIAMI, FL 33142
LATINOS UNITED.pdf
2+ members
JUANAAMADA VARGAS
amadav@aol.com
JOSE MENDEZ
josmendez09@mail.com
3323 NW 17TH AVE.
MIAMI, FL 33141
7865534792
info@latinosunidos.org
7853260474
urangapedro@hotmail.com
FILM
No
Docusign Envelope ID: 778F37AC-12AB-457C-92CF-026860EA4079
additional fees incured due to the stoppage of the event will be sole responsability
of the event promoter. - By signing below you agree and understand the
ramifications of allowing minors into an adults only show.
Rehearsals
Will you need a rehearsal or multiple rehearsals? (Rehearsals are booked in 4 hour
periods)
Please type the date of your rehearsal
Rehearsal Time (4 hours block)
Will you be using the Theater technicians for your rehearsals?
Same Event Day Rehearsals ($155.00 + $100.00/Tech) --- Please place amount of
rehearsals you need the same day of the event. (4 hour each rehearsal slot)
Total Cost for same day rehearsal
Different Event Day Rehearsals ($260.00 + $100.00/Tech) --- Please place
amount of rehearsals you need in a different day than the day of the event. (4 hour
each rehearsal slot)
Total Cost for Different Event Day Rehearsal
Subtotal Cost for Rehearsals
About your Event
Are you charging admission for your event?
Will You be using the theater for filming? (Movie, TV, Commercial)
Is this event sponsored by City of Miami?
Is your corporation for profit, or non-profit?
As a non-profit do you have a Valid Florida 501C3?
Please upload a valid Florida 501C3 (PDF/JPEG)
Will you be using your own insurance or the city's approved insurance carrier?
Please upload your own insurance
Please type the date of the event
Event Logistics
Due to new regulations all
rehearsals Will have a
$50.00 cleaning
fee included in the new
price.
No need of a Rehearsal
Non -Profit
501C31.pdf
Own Private Insurance
Insurance 24-25-1.pdf
02/20/2025
At what time will you be setting up? (Regardles of the hours of your event you
will have 8 hours of setup and dismantle to be used as needed.)
600
Included in your rent you will have 1 hour of sound check. Please write below the
time you will like to start your sound check.
600
Per regulations, our staff requires a meal break for every 8 hours of work. Please
advise what would be a good time during your setup period for our staff to get a 1
hour meal break?
N/A
From what time to what time is the event?
800 TO 1000
Until what time will you need to dismantle?
1030
Is any of the performers NOT a USA Resident?
USA Resident
Docusign Envelope ID: 778F37AC-12AB-457C-92CF-026860EA4079
Is your artists from Cuba.
Based on 31 CFR515.201 - If the Artists is from "CUBA" We require your
company to abide by the Federal Regulation and please attach below a copy of the
Visa-P3 and/or I-129 --- If you have any questions please send us an email at
artime@miamigov.com
Will you be using Pyrotechnics in your presentation?
No
Costs To Rent the Theater
How many hours of performance (Ticket Sales for Profit Event) --- Count the
hours of the actual show (Including intermissions), not the setup and dismantle.
Ticket Sales for Profit Calculation
How many hours of performance (Non -Ticket Sales for Profit Event) --- Count the
hours of the actual show (Including intermissions), not the setup and dismantle.
Non -Ticket Sales for Profit Calculation
How many hours of performance (Ticket Sales Non -Profit Event) --- Count the
hours of the actual show (Including intermissions), not the setup and dismantle.
Ticket Sales for Non -Profit Calculations
How many hours of performance (Non -Ticket Sales / Non -Profit Event) --- Count
the hours of the actual show (Including intermissions), not the setup and
dismantle.
Non -Ticket Sales for Non -Profit Calculations
How many hours Filming will you be needing (Do not count setup and dismantle)
Filming Calculations
The cost of the theater includes 8 continuous hours of setup and dismantle to be
split as needed. Will you be requiring more than 8 hours of setup and dismantle?
2 Hours or Less Show
(Including Intermissions)
$450.00
$420.00
No
Please include the additional setup/dismantle hours needed
Additional Set Up and dismantle Hours
Total Theater Rental Cost
$420.00
In -House Technician
Please let us know your needs for our house technician the day of the show.
Light and Sound Technician
$600.00
Please let us know your needs for our house technician the day of the show (8+
hours).
In -House Technician Costs
$600.00
Extra Equipment
Extra Equipment Options
Extra Equipment Cost
Two (2) Wireless
Microphones $100.00
Front Projector $400.00
$500.00
Cleaning Costs
Will you be selling Food or Alcohol during your event?
No
Theater Rules and Regulations
Docusign Envelope ID: 778F37AC-12AB-457C-92CF-026860EA4079
I have read and agree with the regulations. I understand that this is only an
estimate quote and that actual rental cost might be different
Estimated Final Costs
Estimated Final Cost for Theater Rental
Estimated Final Cost for Rehearsals
Estimated Final Cost for Technicians or Site Person
Estimated Final Cost for Extra Equipment
Estimated Final Cleaning Cost
Estimated ESTIMATED GRAND TOTAL
Signature uploaded
$420.00
$0.00
$600.00
$500.00
$250.00
$1770.00
Docusign Envelope ID: 778F37AC-12AB-457C-92CF-026860EA4079
EXHIBIT I — CERTIFICATE OF INSURANCE
Certificate of insurance attached on the following page(s)
Rev. 20241001 Page I - 1
Docusign Envelope ID: 778F37AC-12AB-457C-92CF-026860EA4079
iyp
A C.-7CW if,
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CERTIFICATE OF LIABILITY INSURANCE
DATE (NIM/DD/YYYY)
02/12/2025
PRODUCER
M.R. GENERAL SERVICE INSURANCE
21140 WEST FALGLER ST
SLATE 4105
MIAU, FL 33135
INSURED
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
ELOW. 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).
CONTACT
NAME.
PHONE - 305-644-9333
E-MAIL
ADDRESS
luciai@mrgsinsurance.com
FAXNoL 305-541-0985
INSUREROLAFFORDING COVERAGE
INSURER A : UNITED STATE LIABILITY INSURANCE CO.
INSURER B:
INSURER C
INSURER D
INSURER E
INSURER F
COVERA NUMBER: REVISION NUMBER:
NAIC
THIS OS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDIC;ATEO 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 ADD": SUBR POLICY EFF POLICY EXP
LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER iMM/DD/YYYYLIMM/DD/YYYY) LIMITS
COMMERCIAL GENERAL LIABILITY
.........................................._
A
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AUTOMOBILE LIABILITY
ANY AUTO
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X
NPP I 558236K
08/08/2024
0 /08/202,
EACH OCCURRENCE
-tYAMKUE'rY'N'ENT'Et5
PREMISEEa occurrence)._
MED EXP (Any one person)
PERSONAL & ADV INJURY
GENERAL AGGREGATE
PRODUCTS - COMP/OP AGG
$ 1,000,000.00
$ 100,000.00
$ 5,000,00
$ 1,000,000.00
$ 2,000,000.00
$ INCLUDED
SCHEDULED
AUTOS
1,40N-OWNED
AUTOS ONLY
NPP1558236K.
08/08/2024
08/08/20 _
IJMERELLA LIAROCCUR
EXCESS LIAB CLAIMS -MADE
RETENT ON $
WORKERS COMPENSATION
AND EMPLOYERS" LIABILITY Y / N
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ANYPROPMETOR(PARTNERTI (EXECUVE
OFFICER/MEMBER EXCLUDED'?
IIMandatory in NH)
II yes, Se) be r,,Inder
DESCRIPTION OF OPERATIONS he/ow
N/A
COMBINED SINGLE LIMIT
(E() accider4
BODILY INJURY (Per person)
BODLY INJURY (Per accident)
PROPERTY DAMAGE
(Per' accident)
EACH OCCURRRENC
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AGGREGATE
NP1558236K
$ INCLUDED
$
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PER
STATUTE 1 VRI.H-
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E.L. DISEASE - EA EMPLOYEE
E.L. OISE.ASE - POLICY LIMIT
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DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES IACORO 101, Additional Remarks Schedule, may be attached If more space Is required)
'100,000.00
200,000.00
TII'LL Certificate holder is Iiste a additional insurance with regards to General Liability Insurance on a primary and non contributory basis.
CERTIFICATE HOLDER CANCELLATION
CITY OF MIAMI TOWER THEATER
1508 SW 871-1 ST
MIAMI, FL 33135
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
Manuel Richardson
ACORD 25 (2016/03)
1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
Docusign Envelope ID: 778F37AC-12AB-457C-92CF-026860EA4079
AC CERTIFICATE OF LIABILITY INSURANCE
DATE (,!'MPDIr ivYYY)
02/12/2025
1RODUCII::IR
1�f.IR. t ENERAII.... SERVICE (INSURANCE
2140 WEST' FAII.43L.1E.R ST
SLAT EE /11105
MIA MI Ell.. 33135
(INSURED
II...A:'1FlNO,S UNITED 111N ACTION CENTER
3312 INW 17TH AVE
MIAMI„ FL. 3:3142
COVERAGES
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 s ch endorsement(s).
..._....._....._....._....._....._....._....._....._....._....._....._....._....._....._....._.........m..._,..._...._.............. .N..., ..m,. CONTACT ..._.....m....
PHONE
ADDRIESS: ucIIaaKi:3DmrgslnsuraInce.Coom
INSURERS1 AFFORDING COVERAGE
INSURERA: UNIl11"EIFD STA"II IF II 1A1131I...NPt' IINSU1RANCE CO.
INSURER B :
INSURER C
INSURER D :
INSURER E :
NAIL #
INSURER F
CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMIEED A1130VIF::'. FOR THE::'. POLICY PERIOD
INIDllC,ATIED. NOTWUTHSTANT:DVNO ANY REQuuRE.MEINT, 1flEIRM OR CONDITION OF ANY CONTRACT OR OTHER IDOCVJIMEINT WITH RESPECT TO WHICH THUS
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EXCLUSIONS AND CONDITIONS OE SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
IINSR .... .... .... .... AOOL SUBR POLICY EFF POLICY EXP
ILTTR TYPE OF INSURANCE INcn POLICY NUMBER (MM/DDrYYYY) (MM/DDrY YY1
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LIMITS
EACH OCCURRL:E.NCEE. 1 ,000,000.00
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4:DIMEIIIINE.IC9SIIIIaVQ:;LE:.II..OVa%R
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DESCRIPTION OF ORERATO&:DNS / IL OCATOONS f VEHICLES (ACORD 10 L, Addituomal Remarks ScheduuOe, may be attached if more space is requuir s c/1
The Certificate holder lis fiste a additional insurance with regards to General) II...Iiaalbli1lity Insurance on a obi -nary and non contrIbutolry basks.
CERTIFICATE HOLDER
CITY OF M IIAM II
1508 SW 8TH ST
MIIAMO, FIL..3;31135
8
00,000.00
200,000.00
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED ON
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
Manuel) F5clralr5'son
ACORD 25 (2016/03)
C) 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
Olivera, Rosemary
From: Dominguez, Maria
Sent: Wednesday, February 26, 2025 9:13 AM
To: Hannon, Todd; Ewan, Nicole; Olivera, Rosemary; Lorenzo, Jacqueline; Reinike-
Heinemann, Evelyn
Cc: Castellon, Nathaly
Subject: Executed -TT -ID #25-320-02-20-2025-Latinos United In Action Center Inc-TS1
Attachments: Executed -TT -ID #25-320-02-20-2025-Latinos United In Action Center Inc-TS1.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(dmiamigov.com
(305) 960-2938
1