HomeMy WebLinkAbout25572AGREEMENT INFORMATION
AGREEMENT NUMBER
25572
NAME/TYPE OF AGREEMENT
LOLA PRODUCTION INC.
DESCRIPTION
RELEASE, HOLD HARMLESS, & INDEMNIFICATION
AGREEMENT/FILMING AT HISTORIC VIRGINIA KEY BEACH
PARK/MATTER ID: 25-1177
EFFECTIVE DATE
April 30, 2025
ATTESTED BY
TODD B. HANNON
ATTESTED DATE
5/2/2025
DATE RECEIVED FROM ISSUING
DEPT.
5/7/2025
NOTE
DOCUSIGN AGREEMENT BY EMAIL
CITY OF MIAMI
DOCUMENT ROUTING FORM
ORIGINATING DEPARTMENT: Office of Film and Entertainment
DEPT. CONTACT PERSON: Joel Gonzalez EXT.1072
NAME OF CONTRACTUAL PARTY/ENTITY:
IS THIS AGREEMENT TO BE EXPEDITED/RUSH
AMOUNT: $
❑ YES X❑NO TOTAL CONTRACT
FUNDING INVOLVED? EYES X❑NO
TYPE OF AGREEMENT:
❑ MANAGEMENT AGREEMENT
❑ PROFESSIONAL SERVICES AGREEMENT
❑ GRANT AGREEMENT
❑ EXPERT CONSULTANT AGREEMENT
❑ LICENSE AGREEMENT
❑ PUBLIC WORKS AGREEMENT
❑ MAINTENANCE AGREEMENT
❑ INTER -LOCAL AGREEMENT
❑ LEASE AGREEMENT
❑ PURCHASE OR SALE AGREEMENT
OTHER: (PLEASE SPECIFY:
PURPOSE OF ITEM (DETAILED SUMMARY/ADD ADDITIONAL PAGES IF NECESSARY)
Hold Harmless Agreement City of Miami Helicopter Landing for Lola Production Filming at Historic Virginia Key Beach Park on 5/5/2025
COMMISSION APPROVAL DATE: / /
FILE ID: ENACTMENT NO:
IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN:
ROUTING INFORMATION
Date
PLEASE PRINT AND SIGN
APPROVAL BY DEPARTMENTAL DIRECTOR
PRINT: Joel Gonzalez
SIGNATURE: J,BaAj
V
SUBMITTED TO RISK MANAGEMENT
PRINT:
SIGNATURE:
SUBMITTED TO CITY ATTORNEY
4/30/25
PRINT: GEORGE 25-1177 WNG III
V YSO
SIGNATURE: g KW !f (
APPROVAL BY ASSISTANT CITY MANAGER
PRINT:
SIGNATURE
APPROVAL BY DEPUTY CITY MANAGER
PRINT: NATASHA COLEBROOK-WILLIAMS
SIGNATURE:
RECEIVED BY CITY MANAGER
2, 2025
PRINT: ART �TNORIEGA,
I 17:50:34 EDIT.—...,„
SIGNATURE] ate+^ Nonce
cHANNOIN
V
Signed by:
May
SUBMITTED TO THE CITY CLERK
May 2, 2025
PRINT: TODD B.
I 18 : 4 5 : 44 EDT DocuSignetl by'
SIGNATURE: �C_ 1 L-
-,:Y7F°°,,,
V`�=
PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT RE
EXECUTION BY THE CITY MANAGER
UIRE
RELEASE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT
THIS RELEASE, HOLD HARMLESS, AND INDEMNIFICATION AGREEMENT
("Agreement"), is made and entered into this 30 day of April , 2025
by LOLA Production inc. ("Applicant") to the City of Miami, Florida, a municipal corporation of
the State of Florida, in the County of Miami -Dade ("City"); and
WHEREAS, the Applicant applied to the City, or requested from the City, various
approvals and permits to motion video shoot located at approximately 4020
Virginia Beach Dr. Miami, FL 33149 ("Event"), including but not necessarily limited to closure
of rights) -of -way and approval to use property for staging purposes ("Permit(s)"); and
NOW, THEREFORE, for valuable consideration of the City issuing approvals and permits
related to such Permit(s), and in further consideration of these premises, the Applicant agrees as
follows:
1. The Applicant acknowledges that the foregoing recitals are true and correct and are
incorporated herein by reference as if fully set forth in this Section.
2. In addition to any release and indemnity required by the Permit(s) and the Code of
the City of Miami, Florida, as amended, including but not limited to Section 54-3, the Applicant
for themselves, their heirs, grantees, personal representatives, successors, assigns, agents,
employees, and contractors, expressly and unequivocally agrees to release, waive, forever
discharge, covenant not to sue, defend, indemnify, and hold harmless the City, and its officers,
officials, directors, employees, personnel, volunteers, agents, assigns, successors, representatives,
attorneys, contractors, and all other persons, entities, organizations, instrumentalities, and
corporations affiliated therewith of and from any and all assertions, claims, demands, suits, causes
of action or claims of any nature (including by way of illustration and not limitation, actions related
to property damage, loss, injury, loss of life), all damages, losses, liabilities, damage and/or loss
to any property, expenses, costs (including, without limitation, court costs and attorney's fees, at
all levels of proceedings [administrative, trial, and appellate levels] for any and all defense,
investigation, or processing thereof whatsoever), judgments, orders, decrees, and settlements in
any way based on, arising from, relating to, incidental to, or in connection with, directly or
indirectly, in whole or in part, any one or more of the Permits(s), City's approval(s), and/or the
performance or non-performance of the Event as described above and herein. The Applicant
further agrees to release, indemnify, defend, and hold harmless the City, its instrumentalities,
officials, employees, and agents against all liabilities which may be asserted by an employee or
former employee of the Applicant, or any of its contractors as provided above, for which the
Applicant's liability to such employee or former employee would otherwise be limited to payments
under workers' compensation or similar laws.
3. The Applicant shall be solely responsible for all its activities and for the installation
and maintenance of traffic -control devices, if applicable. The Applicant shall ensure that adequate
safety precautions are in effect at all times for the Event during the term of the Permit(s). It shall
be a further condition precedent to the issuance of any such Permit(s) for work to be performed in
the public right-of-way that the Permit(s) holder(s) is/are jointly and severally responsible, at each
Release, Hold Harmless, and Indemnification (Helicopter Landing)
Page i of 6
permit holder's sole expense, for any damages regarding restoring the public right-of-way to its
original condition before installation of facilities. The indemnification shall survive termination of
this Permits)/this Agreement. In addition, the Applicant understands and agrees that the City shall
not be liable for any loss, injury, or damage to any personal property or equipment of the Applicant,
its employees, agents, contractors, business licensees, or invitees placed on City property and its
instrumentalities and shall be at the risk of the Applicant thereof.
4. Prior to the issuance of any Permit(s), the Applicant shall submit to the City a
certificate of insurance for each applicant in an amount not less than $1,000,000.00 per occurrence,
$2,000,000.00 aggregate, and any endorsements thereto, including, but not limited to, premises
and operations liability, contingent and contractual exposures, XCU hazards, personal and
advertising injury, and products and completed operations In addition, the applicant hereby agrees
to provide additional insurance requirements as required by the city, including but not limited to
umbrella liability, or any additional requirements or endorsements as may be applicable, in
connection with the scope of services contemplated by the permit/agreement. The certificate must
reflect primary and noncontributory language and list the city as an additional insured. The
certificate must also include coverage for all owned, hired, and non -owned vehicles with a
combined single limit of $500,000.00 per accident, also listing the city as an additional insured,
and must further afford coverage for worker's compensation including waiver of subrogation
subject to the statutory limits of the State of Florida. The insurance herein required shall remain in
full force and effect during the entire term of the permit. Additionally, the Applicant shall be
subject to annual review by the City's risk management department and the Applicant shall be
required to update as necessary to protect the City as set forth in this section. All insurance policies
shall be issued by companies authorized to do business under the laws of the State of Florida with
the following qualifications: 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 subject to the approval
of the city's department of risk management. Companies not meeting the above rating requirements
shall submit proof of reinsurance from qualifying insurers having or exceeding the required rating
criteria. Certificates of insurance shall contain 30 days as to changes or modifications with notice
to the certificate holder. In addition, the Applicant responsible for the helicopter operations shall
have aviation liability with limits of no less than $10,000,000 per occurrence and policy aggregate.
The City of Miami shall be listed as an additional insured with respect to this coverage on a primary
and non-contributory basis.
5. The Applicant acknowledges that they are proceeding at their own risk.
6. The Applicant acknowledges and agrees that nothing in this Agreement shall
prejudice the City's right to impose conditions necessary to protect the public health, safety, and
welfare.
7. Invalidation of any of provisions of this Agreement by judgment of a court shall not
affect any of the other provisions, which shall remain in full force and effect.
8. The undersigned confirms that they are the Applicant (or the authorized
representative(s) of the Applicant), are authorized to enter this Agreement, and have authority to
Release, Hold Harmless, and Indemnification (Helicopter Landing)
Page 2 of
bind the Applicant. As applicable, the most recent Sunbiz and/or a duly adopted Resolution from
the Applicant entities is attached hereto.
9. 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 and have the same effect as original signatures.
(Signature pages follow]
This space intentionally left blank
Release, Hold Harmless, and Indemnification (He)icopter Landing)
Page 3 of 6
IN WITNESS WHEREOF, the Applicant(s) have caused these presents to be executed
and signed in its name by its proper officer on the day set forth above.
Signed, Sealed and Delivered
Low- Prctucttorl, rn c•
(Name of Applicant)
a P r DotLL t ro n �ompcz.n
(Type of Company or Individual
By: JUf / (S\
(Signature)
\ ct 1\k6k
(Name of Person Authorized to Sign)
ki un°� .
(Title)te
STATE OF N VA ICNL ?Ss
COUNTY OF 1\ltt.J(Sk )
The foregoing instrument was acknowledged{ before me by means of 'd physical
presence OR online notarization, this -1" day of \-t 1 20aP , by
a as of
. Personally Known or Produced Identification
Type of Identification Produced
Release, Hold Ilarmkss, and Indemnification (Helicopter Landing)
Lek ---
Print or tamp Name:
Notary Public, State of
Commission No.:
My Commission Expires:
WING FAN LEE
NOTARY PUB1.UC, STATE OF NEW YORK
+, . No.OLLE6113766
m'Queens COUgy
filed in New Yak
Co
Caotaissioa Expiry' August 02,.
Page 4 of 6
(Name of Applicant
a
(Type of Company or Individual)
By:
(Signature)
(Name of Person Authorized to Sign)
(Title)
STATE OF )
) SS
COUNTY OF )
The foregoing instrument was acknowledged before me by means of physical
presence OR online notarization, this day of , 20 , by
a as of
. Personally Known or Produced Identification
Type of Identification Produced
Release, Hold Harmless, and Jndemoilicalion {Helicopter Landing)
Print or Stamp Name:
Notary Public, State of
Commission No.:
My Commission Expires:
Page 5 of 6
CITY OF MIAMI, a municipal corporation of the
State of Florida
n«usianee by:
By:l"tri
Arthur Noriega V
City Manager
ATTESTED:
By:
UocuSigned by:
Todd B. H
City Clerk
Signed by:
APPROVED AS TO LEGAL FORM AND
CORRECTNESS:
741m A. Wr- a —
George K. Wysong, IIJ, City Attorney
at 25-1177
APPROVED AS TO INSURANCE:
Anne -Marie Sharpe, Director
Risk Management
Release, Hold Harmless, and Indemnification (Helicopter Landing)
Page 6of6
Olivera, Rosemary
From: Bazail, Jennifer
Sent: Wednesday, May 7, 2025 8:56 AM
To: Olivera, Rosemary; Ewan, Nicole; Hannon, Todd
Subject: Office of Film and Entertainment - Lola Productions - Release Hold Harmless and
Indemnification Agreement
Attachments: Lola Productions - Routing Form (final).pdf; RELEASE HOLD HARMLESS AND
INDEMNIFICATION AGREEMENT (signed).pdf
Good morning,
Please find attached a fully executed copy of an agreement from DocuSign that is to be considered an
original agreement for your records.
Jennifer Bazail
City of Miami
Office of Film and Entertainment
jbazail@miamigov.com
Please apply for a Film Permit on our new website www.miamigov.com/film
i