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24070
AGREEMENT INFORMATION AGREEMENT NUMBER 24070 NAME/TYPE OF AGREEMENT UNITED STATES SAILING CENTER, INC. DESCRIPTION ACCESS, INDEMNIFICATION & HOLD HARMLESS AGREEMENT/DREDGING & DOCK MAINTENANCE WORK/FILE ID: 12245/R-22-0243/MATTER ID: 21-1175 EFFECTIVE DATE ATTESTED BY TODD B. HANNON ATTESTED DATE 9/20/2022 DATE RECEIVED FROM ISSUING DEPT. 9/20/2022 NOTE DOCUSIGN AGREEMENT BY EMAIL DocuSign Envelope ID: D27792ED-37E9-4F87-8647-BD5FE68F1DC9 CITY OF MIAMI DOCUMENT ROUTING FORM ♦ 11[BR PCRAM • Itt f 0 ' .(�+ O H ORIGINATING DEPARTMENT: DREAM DEPT. CONTACT PERSON: Sandy Lila EXT. 1461 NAME OF OTHER CONTRACTUAL PARTY/ENTITY• United States Sailing Center, Inc. IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? ❑ YES ® NO TOTAL CONTRACT AMOUNT: $N/A FUNDING INVOLVED? ❑ YES ® 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): Access, Indemnification and Hold Harmless Agreement PURPOSE OF ITEM (BRIEF SUMMARY): COMMISSION APPROVAL DATE: 07/19/2022 FILE ID: 12245 ENACTMENT NO.: R-22-0243 IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: ROUTING INFORMATION Date PLEASE PRINT AND SIGN APPROVAL BY DEPARTMENTAL INTERIM DIRECTOR SeptemberOI03: 53: 36 EDT PRINT: Jacqu1liugoLgfgq: SIGNATURE: 34-u &2 SUBMITTED TO RISK MANAGEMENT September 14, 2022 I 06:30:59 EDT PRINT: Ann- SIGNATURE: 2D137E2F21E1AAB4Bf... 6oagned by: FrotaA1 £bWL11) Assigned ACA: Isiaa Jone�j q SUBMITTED TO CITY AI.LLORNEY Matter ID#: 21-1175 September 14, 2022 I 20:48:58 EDT PRINT: Victor SIGNATURE: 395 61... a enoe3z8214E7 pDocuSigned by: 0 ,icto-v-dc_7`Jr-- APPROVAL BY ASSISTANT CITY MANAGER September 15, 2022 I 10:47:12 EDT PRINT: Larry SIGNATURE:�'\�'��4 PRINT: Arthur SIGNATURE., SF prEF9pFCF6FEb357... M.Spring DoccuuSigned by: N (CAa;V4D4... DocuSigned by: A4 Poriev, RECEIVED BY CITY MANAGER September 16, 2022 1 11:12:40 EDT ATTESTED BY THE CITY CLERK 1) ONE ORIGINAL TO CITY CLERK, September 20, 2022 1 09:09:28 EDT PRINT: Todd SIGNATURE: 850CF6C372DD42A... B. Hannon DocuSigned by: CE46D7560DCF1459.. 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: D27792ED-37E9-4F87-8647-BD5FE68F1DC9 ACCESS, INDEMNIFICATION AND HOLD HARMLESS AGREEMENT This Access and Indemnification Agreement (the "Agreement"), entered into this day of September 2022 (the "Effective Date"), by and between the City of Miami, a municipal corporation of the State of Florida whose principal address is 3500 Pan American Drive, Miami, Florida 33133 ("City") and United States Sailing Center, Inc., a Florida not for profit corporation organized under the laws of the State of Florida and qualified to transact business in Florida located at 2476 South Bayshore Drive, Miami, Florida 33133, hereinafter ("USSC")is entered into as follows: WHEREAS, USSC and the City of Miami entered into a lease agreement dated March 5, 201.9 to provide for training for competitive sailors, operation of a sailing center, and such other usual functions incidental to such sailing programs at the Property ("Lease") Olympic Training Site at 2476 South Bayshore Drive, Florida 33133: and WHEREAS, the surrounding waters of the property including adjacent submerged lands located within TIITF Deeds No. 19448 and No. 24277 (Section 22, Township 54 South, Range 41 East) are controlled by the City of Miami; and WHEREAS, Coral Reef Yacht Club (hereafter "CRYC") has an easement from the City for the submerged lands on the west side of the canal, and the USSC makes use of the City of Miami owned submerged lands adjacent to the 2476 property on the eastern side of the canal: and WHEREAS, USSC seeks to make improvements to the property and surrounding submerged lands to improve access and use of the waterfront property by repairing/replacing the floating dock and perform maintenance dredging of the City -owned submerged lands; and WHEREAS, USSC has been authorized and is applying for permits through all necessary agencies to fulfill these improvements; and WI-IEREAS, this Agreement has been authorized and is being entered into pursuant to City of Miami Resolution R-22-0243 on July l9"', 2022, attached and incorporated as Authorizing Resolution, Exhibit "A" to carry out the stated objectives of the project as more particularly described below; and WHEREAS, this Agreement is subject to the audit and inspection rights set forth in Chapter 18 of the Code of the City of Miami, Florida as amended ("Code"); and WHEREAS, this Agreement confers no exclusive possession of the Property and does not convey or transfer any right to exclude the City from any real property; and WHEREAS, the Parties jointly and voluntarily stipulate as to the accuracy of these rage 1 of 17 DocuSign Envelope ID: D27792ED-37E9-4F87-8647-BD5FE68F1DC9 recitals; and WITNESSETH: NOW THEREFORE AND IN CONSIDERATION of the premises and the mutual covenants and conditions contained herein, the parties hereto agree as follows: I. DEFINITIONS; PURPOSE, RIGHT OF ACCESS AND ADVANCE NOTICES; AND SCOPE OF WORK. 1.1 Definitions. 1.1.1 "City" shall mean the City of Miami, a Florida municipal corporation. Unless otherwise stated herein for purposes of this Agreement only the "City" will act by and through the City Manager. 1.1.2 "USSC" shall refer to United States Sailing Center, inc., its agents, representatives, employees, contractors, sub -contractors, and consultants. 1.1.3 The "Purpose" of this Access and Indemnification Agreement as defined in Section 1.2 and in the scope of work defined in Section 1.3 herein, is to complete to improve access and use of the waterfront property by repairing/replacing the floating dock and perform maintenance dredging of the City -owned submerged lands. 1.1.4 "Property" shall refer to the city -owned submerged land property adjacent to 2476 South Bayshore Drive, Miami, Florida and as more particularly outlined on Exhibit 1.2 Purpose and Right to Access. The City grants to USSC, temporary access rights to enter upon the Property as more particularly described in Exhibit "B" attached hereto and made a part hereof, subject to the conditions and limitations hereinafter contained and solely for the Term and any Extended Term (as both are defined below), the Property solely for the limited purpose of performing floating dock repair and/or replacement and maintenance dredging as more particularly described in Exhibit "C". These access rights are subject to the USSC's providing the City within twenty-four (24) hours advance written notice of when (date and time) access is required by the USSC to commence work. This notice requirement shall not be construed to require daily notice, but it shall be sufficient that USSC provide the reasonably anticipated time frame (dates) for conducting the below described scope of work in the initial notice. 1.3 Scope of Work The USSC has requested access to the Property described herein to perform the following activities ("Scope of Work") as further outlined in Exhibit "C" namely: A. Floating Dock Replacement B. Maintenance Dredging Page 2 of 17 DocuSign Envelope ID: D27792ED-37E9-4F87-8647-BD5FE68F1DC9 The Scope of Work must be completed within one year of execution of this agreement. All of the Scope of Work being completed shall comply with all applicable local, State and Federal rules and laws. USSC shall be granted access to the above -described Property, subject to the terms and conditions set forth hereunder. The City shall not be responsible for any direction, supervision management, coordination, or control over the work of the USSC on the Property. Notwithstanding any Code or law to the contrary, all fees, costs, reimbursable expenses, or any other compensation payable to USSC for Work and Activities performed by USSC on the Property shall be the sole responsibility of the USSC. The parties understand and agree that the City is not acting as a guarantor of payment to the USSC nor is the City responsible for any activities, actions, or omissions of the USSC on the Property. II. DESCRIPTION OF PROPERTY. 2.1 The Property. The Property being improved consists of that certain area as more particularly described in Exhibit "B". USSC accepts the property "As Is", in its present condition and state of repair condition and without any representation by or on behalf of City, and agrees that City shall, under no circumstances, be liable for any latent, patent, or other defects in the Area. If, in an emergency, it shall become necessary to make promptly any repairs or replacements required to be made by USSC, City may reenter the Property and proceed forthwith to have the repairs or replacements made and pay the cost thereof. Within thirty (30) days after City renders a bill, therefore, USSC shall reimburse the City for the cost of making any repairs. III. TERM, ACTIVITIES TO BE PERFORMED BY USSC, CONDITIONS ON USE OF PROPERTY, RESTORATION OF PROPERTY. 3.1 Term. The USSC has requested non-exclusive access to a certain section of the city -owned the Property as described in Exhibit "B" attached herewith and incorporated herein for reference and for the purposes of repairing and/or replacing a floating dock and the completion of maintenance dredging as particularly defined in the Scope of Work outlined in Section 1.3 herein. The term of this Agreement shall run with the term of the USSC Lease as authorized and outlined in the Authorizing Resolution Exhibit "A"; provided, however, that this Agreement in its entirety or portions hereof shall terminate the later of: (1) the Scope of Work is completed or (2) the Term of this Agreement expires in accordance with its terms. Upon termination of the Agreement, all rights and privileges derived from, and all duties and obligations created and imposed by the provisions of this Agreement, shall terminate and have no further force or effect; provided however that the termination of this Agreement shall not limit or affect any remedy at law or in equity that either party may have against any other parties with respect to any liability or obligation arising or to be performed under this Agreement prior to the date of such termination. 3.2 Extended Term. If additional time is needed: (a) USSC shall request in writing to the City Manager, the number of days required for additional access to the Property (the "Extended Term"), which may be approved in writing by City Manager at the City's sole discretion; and Page 3 of 17 DocuSign Envelope ID: D27792ED-37E9-4F87-8647-BD5FE68F1DC9 (b) shall make such written request and notice to the City Manager a minimum and no later than (60) Sixty days prior to the termination of this Access Agreement. Should the City and the USSC require any further extensions or renewals hereof beyond the Extended Term contemplated above, such further extensions or renewals shall be undertaken by an Amendment to this Agreement executed by the City Manager on behalf of the City in accordance with the City Code and by USSC authorized representative, who is authorized on behalf of USSC in accordance with its articles, bylaws, and Corporate Resolution in Exhibit "D," attached hereto and incorporated hereby. Any such Amendment must be executed prior to the expiration of the Extended Term. 3.3 Conditions on use of the Property. USSC shall use the Property in accordance with the conditions outlined in Exhibit "C" attached herewith and incorporated herein by reference. USSC agrees to perform the Scope of Work or cause its activities to be performed in a manner so as not to unreasonably interfere with the City's ownership and the beneficial use and enjoyment of the Property by the City and its tenants and subtenants. The USSC agrees to keep all improvements in a safe, sightly, good, and functional condition within the Scope of Work during the term of this Agreement and the USSC's sole cost and expense. All work performed by or on behalf of the USSC shall be conducted in a Lien -free manner. The USSC, at its sole cost and expense, will be responsible for the maintenance, repair, and replacement of the Property during the term of this Agreement. 3.4 Cancellation For Convenience; Cancellation for Cause. City shall also have the right to terminate this Agreement by giving USSC at least thirty (30) business days' prior written notice, upon unavailability of funds, or if City determines, in its sole discretion, for any reason or for its convenience, that continuation of this Agreement no longer in the best interest of City or of the USSC has defaulted under the terms of this Agreement. IV. Intentionally Omitted. V. RESTORATION OF PROPERTY. Upon completion of the Scope of Work. USSC shall, at the sole cost of the USSC and no cost to the City, restore the Property used by USSC to a condition in an equal or better state than it was delivered to the USSC and any other required governmental regulations. By agreeing to this, USSC, shall restore any portions of the Property destroyed or removed by the USSC in the course of its improvement activities, including but not limited to the bulkhead and fence if any. VI. INSURANCE REQUIREMENTS. Prior to commencement of the Scope of Work, the USSC, its agents, employees, representatives, contractors, sub -contractors, consultants or anyone else directly or indirectly employed by any of them entering upon the Property for the purpose of performing the Scope of Work as defined herein, the USSC (including, without limitation any assigned contractor, etc. as Page4of17 DocuSign Envelope ID: D27792ED-37E9-4F87-8647-BD5FE68F1DC9 USSC is defined in § 1.1.2 above) shall obtain and maintain or cause to be obtained and maintained throughout the Term and any extended term of this Agreement, the types and amounts of insurance coverages set forth in Exhibit "E", attached hereto and incorporated therein by this reference, in such reasonable amounts as approved by the City of Miami's Risk Management Department protecting the City, against all claims for personal injury, bodily injury, property damage or loss, and regulatory or statutory actions by governmental agencies arising out of or related to the activities undertaken by the USSC upon the Property and naming the City as an additional insured. The insurance required hereunder shall be effective for the Term, any extended term and any other extensions or renewals thereof The City's Risk Management Department shall review the insurance requirements upon the Extended Term and any other extension or renewal of the Term and reserves the right to make reasonable changes in the types and amounts of insurance coverages as necessary and shall revise Exhibit "E" accordingly as necessary. The USSC shall be responsible for assuring that the insurance certificates required under this Agreement remain in full force and effect for the duration of this Agreement, including any extensions hereof. If insurance certificates are scheduled to expire during the term of this Agreement and any extension hereof, USSC shall be responsible for submitting new or renewed insurance certificates to the City's Risk Management Department at a minimum of ten (10) calendar days in advance of such expiration(s). In the event that expired certificates are not replaced with new or renewed certificates which cover the Term of this Agreement, the Extended Term, and any other extension or renewal thereof: (i) the City shall suspend this Agreement until such time as the new or renewed certificate(s) are received in acceptable form by the City's Risk Management Department; or (ii) the City may, at its sole discretion, terminate the Agreement for cause and seek appropriate remedies in conjunction with the violation of the terms and conditions of this Agreement. Compliance with the foregoing insurance requirements shall not relieve USSC of its liabilities and obligations under this Agreement. VII. RISK OF LOSS. USSC understands and agrees that the City shall not be liable for any loss, injury or damage to any personal property, fixtures, materials, supplies, or equipment brought into the Property by USSC or by anyone whomsoever, during the time that the Property is under the control of or occupied by the USSC. All personal property fixtures, materials, supplies placed or moved in the Property shall be at the risk of USSC or the owner thereof. USSC further agrees that it shall be responsible to provide security whenever personal property either owned or used by the USSC, its employees, agents or subcontractors is placed on the Property, including any property or equipment necessary for set-up and dismantle, whether or not the Property is open to the general public. VII I. INDEMNIFICATION AND HOLD I-IARMLESS Page 5 of 17 DocuSign Envelope ID: D27792ED-37E9-4F87-8647-BD5FE68F1DC9 The USSC (including, without limitation any assigned contractor, etc. named in § 1.1 as USSC is defined in § 1.1 above) shall indemnify, protect, defend, release, and hold City, its officers, officials, employees, agents, representatives, and servants (collectively, the "Indemnitees") harmless from and against all claims, damages, liabilities, civil actions, statutory or similar claims, injuries and losses, including but not limited to reasonable attorneys' fees and court costs, incurred by any and all of the Indemnitces in relation to USSC's Scope of Work at the Property, arising out of or in connection with this Agreement and the USSC's access of the Property, incurred to the Property or to anyone on the Property as a result of negligent actions or omissions taken by the USSC, any of its agents, employees, representatives, contractors, sub -contractors, or consultants performing the Scope of Work or any other activities on USSC's behalf or even if it is alleged that the City, its officials and/or employees were negligent. USSC hereby voluntarily and knowingly waives any and all claims against the Indemnitees for personal injuries or property damages sustained by the USSC, its agents, employees, representatives, contractors, sub- contractors or consultants arising out of or related to the activities undertaken by the USSC, its agents, employees, representatives, contractors, sub -contractors, or consultants upon the Property or in connection with the purpose and releases the Indemnities from any and all claims and liabilities in connection therewith. USSC shall require all contracts with general contractors and all other contractors shall also indemnify, defend and hold harmless the City from any and all claims in connection with the proposed work. This indemnity provision shall be construed as being in accord with §725.06 and §725.08, Fla. Stat., as may be applicable, and will automatically commence on the Effective Date and shall survive the termination or expiration of this Agreement, as applicable. USSC acknowledges that the grant of this Agreement is good, separate, and distinct consideration afforded by the City for this Indemnification. As lawful consideration for the permission granted by the City to enter upon the property for purposes of replacing the existing floating docks and perform maintenance dredging of city - owned submerged lands adjacent to the property for the purpose of ensuring continued and improved use and access to and from the property, the USSC hereby releases, waives, discharges and covenants not to sue the City of Miami , its officials, employees, agents and independent contractors (hereinafter collectively referred to as the "City"), from all liability to the USSC, his/her personal representatives, assigns, heirs, and next of kin for any and all loss or damage, and any claim or demands therefor on account of injury to person or property or resulting in death or dissolution of the USSC, whether caused by the negligence of the City, or otherwise, while the USSC is in, upon or nearby the Property (the "Agreement"). This Agreement shall he legally binding upon the USSC, his/her heirs, estate, assigns, legal guardians and or representatives. The USSC is authorized to sign this document and is aware that they are releasing certain legal rights that they may otherwise have and is undertaking other specific legal obligations that the corporation otherwise might not have, and nevertheless shall enter into this Agreement on behalf of the USSC own free will, The USSC has read and voluntarily signs this release and hold harmless agreement, and further agrees that no and oral representations, statements, or inducements apart from the foregoing written Page 6 of 17 DocuSign Envelope ID: D27792ED-37E9-4F87-8647-BD5FE68F1DC9 Agreement have been made. IX. ACKNOWLEDGMENTS; NO COST TO CITY. The City of Miami hereby acknowledges that USSC has voluntarily requested permission from the City for the purpose of performing Scope of Work activities on city -owned property. USSC hereby further acknowledges and agrees that none of the costs, expenses, fees, charges, assessments, reimbursable expenses or other impositions, or any other amounts to be paid for the Scope of Work (including but not limited to any of the costs, expenses, fees, or any other amounts to be paid to USSC, its agents, employees, representatives, contractors, sub -contractors, consultants or anyone else directly or indirectly employed by any of them) and additional repairs or replacement are to be paid by the City. These costs, expenses, fees, charges, assessments, reimbursable expenses or other impositions, or any other amounts to be paid for the Scope of Work are the responsibility of the USSC. USSC further acknowledges and agrees that the Scope of Work is being undertaken by USSC (including but not limited to any and all of the work to be performed by USSC, its agents, employees, representatives, contractors, sub -contractors, consultants or anyone else directly or indirectly employed by any of them) at no cost to the City and that USSC shall be responsible for all costs, expenses, fees, and all other amounts to be paid in connection with the Scope of Work. X. MISCELLANEOUS PROVISIONS. 10.1 City Approval. Whenever an item herein is subject to approval by the City that does not require City Commission approval, the City Manager shall be the sole judge of the worthiness and benefit of the item for which approval is sought and shall approve or disapprove such item at his/her sole discretion. 10.2 Modifications, Amendments, Extensions, Waivers. Any alterations, variations, modifications, extensions or waivers of provisions of this Agreement, including but not limited to access to and any other uses of the Property, and the effective Term, any Extended Term, and any extensions or renewals, shall only be valid when they have been reduced to writing, duly authorized by the City Manager or by the City Commission (as applicable in accordance with the City Code), duly authorized by USSC's Board of Directors or Corporate Officers, executed by the City Manager, the Department Director, approved by the City Risk Management Director and the City Attorney, and attested by the City Clerk on behalf of the City, and by the authorized signatory of Dock & Marine Construction, Inc. on behalf of USSC and attached to the originals of this Agreement. 10.3. Notices. All notices pursuant to this Agreement shall be in writing and sent by certified mail or delivered by personal service to the addresses for each Party appearing on page one of this Agreement and as indicated below, or as the same may be changed in writing from time to time. For the USSC with copies to: Page 7 of 17 DocuSign Envelope ID: D27792ED-37E9-4F87-8647-BD5FE68F1DC9 United States Sailing Center, Inc. 2476 South Bayshore Drive Miami FL 33138 Executive Director For the City with copies to: City Manager, City of Miami Miami Riverside Center 444 S.W. 2nd Avenue, 10th Floor Miami, Florida 33130 Director, Department of Real Estate and Asset Management City of Miami, Miami Riverside Center 444 S.W. 2" Avenue, 3rd Floor Miami, Florida 33130 City Attorney, City of Miami Miami Riverside Center 444 S.W. 2" Avenue, 9th Floor Miami, Florida 33130 It is USSC's responsibility to advise the City in writing of any changes in USSC's contact names, addresses and/or telephone numbers. Such notice shall be deemed given on the day on which personally served, or if by certified mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. 10.4. Autonomy. Both Parties agree that this Agreement recognizes the autonomy of, and stipulates or implies no affiliation between, the contracting parties. It is expressly understood and intended that USSC is only receiving limited access to the Property for the purposes of implementing the Scope of Work and that USSC is not an agent or instrumentality of the City, and that USSC's agents, representatives, contractors, sub -contractors, consultants, and employees are not agents, representatives, contractors, sub -contractors, consultants, or employees of the City. 10.5. Headings. Paragraph headings are for convenience only and are not intended to expand or restrict the scope or substance of the provisions of this Agreement. 10.6. Audit, Governing Law & Venue. The agreement and all documents thereto shall at all times be subject to the audit and inspection requirements as outlined in Chapter 18 of the Code of the City of Miami. This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida without regard to its conflicts of laws provisions. Any controversies or legal problems arising out of the terms of this Agreement and any action involving the enforcement or interpretation of any rights hereunder shall be submitted to the jurisdiction of the state courts of the Eleventh Judicial Circuit, in and for, Miami -Dade County, Florida. Page 8 of 17 DocuSign Envelope ID: D27792ED-37E9-4F87-8647-BD5FE68F1DC9 10.7. Court Costs and Attorneys' Fees. In the event that the foregoing waiver and limitations contained herein are found to be invalid, or are otherwise not upheld, then the provisions of this Section shall become null, and void and each Party shall be responsible for its own attorneys' fees and costs. 10.8. Waiver of Jury Trial. The parties hereby knowingly, irrevocably, voluntarily, and intentionally waive any right either may have to a trial by jury in respect to any action, proceeding, claim, or counterclaim based on this Agreement, or arising out of, under, or in connection with this Agreement, any renewal(s) hereof, any amendment, extension, or modification of this Agreement, or any other agreement executed between the parties in connection with this Agreement, or any other course of conduct, course of dealing, statements (whether verbal or written), or any other actions of any party hereto. This waiver is a material inducement for the City and the USSC to enter into this Agreement. 10.9. Force Majeure. A "Force Majeure Event" shall mean an act of God, act of governmental body or military authority, fire, explosion, power failure, flood, storm, hurricane, sink hole, other natural disasters, killer bee infestation, epidemic, riot or civil disturbance, war or terrorism, sabotage, insurrection, blockade, or embargo. In the event that either party is delayed in the performance of any act or obligation pursuant to or required by the Agreement by reason of a Force Majeure Event, the time for required completion of such act or obligation shall be extended by the number of days equal to the total number of days, if any, that such party is actually delayed by such Force Majeure Event. The party seeking delay in performance shall give notice to the other party specifying the anticipated duration of the delay, and if such delay shall extend beyond the duration specified in such notice, additional notice shall be repeated no less than monthly so long as such delay due to a Force Majeure Event continues. Any party seeking delay in performance due to a Force Majeure Event shall use its best efforts to rectify any condition causing such delay and shall cooperate with the other party to overcome any delay that has resulted. 10.10. City not Liable for Delays. USSC hereby understands and agrees that in no event shall the City or any of the City's employees, representatives or agents be liable for, or responsible to USSC or any of USSC's employees, representatives, contractors, sub -contractors, consultants, or agents, or to any other person, firm, or entity for or on account of, any stoppages or delay(s) in work herein provided for, or any damages whatsoever related thereto, because of any injunction or other legal or equitable proceedings or on account of any delay(s) for any cause over which the City has no control. 10.11. Survival. All obligations (including but not limited to indemnity and obligations to defend and hold harmless) and rights of any party arising during or attributable to the period prior to expiration or earlier termination of this Agreement shall survive such expiration or earlier termination. 10.12. Entire Agreement. This Agreement embodies and constitutes the entire understanding between the City and the USSC concerning the Property, and all prior or contemporaneous agreements, understandings, Page 9 of 17 DocuSign Envelope ID: D27792ED-37E9-4F87-8647-BD5FE68F1DC9 representations, and statements, oral or written with respect thereto are merged therein. Nothing in this Agreement shall be construed to make the parties hereto partners or joint venturers or render either of said parties liable for the debts or obligations of the other. The parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this Agreement, and that this Agreement contains the entire Agreement between the parties as to all matters contained herein. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that any oral representations or modifications concerning this Agreement shall be of no force or effect. This Agreement may he modified, altered, or amended only by a written amendment duly executed by all parties hereto or their authorized representatives. The City Manager is authorized to amend or modify this Agreement as needed. 10.13. Totality of Agreement/Severability of Provisions This Agreement with its attachments as referenced below contains all the terms and conditions agreed upon by the parties: Exhibit "A" Authorizing Resolution Exhibit "B" Property Exhibit "C" Scope of Work and Schedule Exhibit "D" Corporate Resolution Exhibit "E" Insurance Requirements This constitutes the full and final agreement between the parties as to the subject matter of the agreement. This Agreement supersedes and replaces all prior or contemporaneous communications and agreements between the parties, whether oral or otherwise, as to its subject matter. No other contract, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind any of the parties hereto. If any provision of this Agreement is held invalid or void, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. 10.14. Public Records USSC understands that the public shall have access, at all reasonable times, to City contracts, subject to the provisions of Chapter 119, Florida Statutes, and agrees to allow access by the City and the public to all documents subject to disclosure under applicable law. 10.15. 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 Page 10 of 17 DocuSign Envelope ID: D27792ED-37E9-4F87-8647-BD5FE68F1DC9 agrees to promptly execute and deliver to the other Parties an original signed Agreement upon request IN WITNESS WHEREOF, the City and USSC have caused this Access Agreement to be executed as of the date Effective Date set forth above. UNITED STATES SAILING CENTER, INC Print Name: STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was online notarization, this 76T12,ck `Do -kw behalf of the co ora ion. /`(dY2 err/!- Df2�✓c� c- r Notary Public State of Florida Mff Catanach Commission GG 948074 yEg1121f2024 Title: acknowledged before me by means of physical presence or o /3" day of j 4ernb-e,2 2022 by of UNITED STATES SAILING CENTER, INC., on He/she is personally known to me or has produced as identification. ignature of Notary Page 11 of 17 DocuSign Envelope ID: D27792ED-37E9-4F87-8647-BD5FE68F1DC9 "City" CITY OF MIAMI, a municipal corporation of the State of Florida By: DocuSigned by: Art- Poriev, F6C372E I42A... DocuSigned by: Arthur Noriega V, City Manager ATTEST: p—DocuSigned E4g Todd B. Hannon, City Cler Date: September 20, 2022 I 09:09:28 EDT Date:September 16, 2022 1 11:12:40 EDT APPROVED AS TO FORM AND APPROVED AS TO INSURANCE CORRECTNESS: DocuSigned by: Er3oAr6rEo457... Victoria Mendez, City Attorney CS I� September 14, 2022 1 10:48:31 EDT REQUIREMENTS: &WA ocuSigned by: abwit,lj 7395C6318214E7... Ann -Marie Sharpe, Director Risk Management Page 12 of 17 DocuSign Envelope ID: D27792ED-37E9-4F87-8647-BD5FE68F1DC9 EXHIBIT A - AUTHORIZING RESOLUTION R-22-0243 [on.following page] Page 13 of 17 DocuSign Envelope ID: D27792ED-37E9-4F87-8647-BD5FE68F1DC9 * IMCORP CRATED * ' IA SO 5 City of Miami Legislation Resolution Enactment Number: R-22-0243 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12245 Final Action Date:7/19/2022 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN ACCESS AND INDEMNITY AGREEMENT ("AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI ("CITY") AND CITY TENANT THE UNITED STATES SAILING CENTER, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("USSC"), FOR THE USSC IMPROVEMENT OF ACCESS AND USE OF THE USSC LEASEHOLD, LOCATED AT 2476 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA ("PROPERTY"), BY REPAIR/REPLACEMENT OF THE FLOATING DOCKS AND PERFORMANCE OF MAINTENANCE DREDGING OF THE CITY - OWNED SUBMERGED LANDS IMMEDIATELY ADJACENT TO THE PROPERTY, ALL AT NO COST TO THE CITY, PURSUANT TO SECTION 29-B OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CHARTER"), AND SECTION 18-602 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL FUTURE AGREEMENTS FOR DOCK REPAIR/REPLACEMENT AND MAINTENANCE DREDGING DURING THE TERM OF SAID USSC LEASE, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, EXTENSIONS, AND MODIFICATIONS SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CITY CHARTER AND CITY CODE, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. WHEREAS, the City of Miami ("City") is the owner of the property located at 2476 South Bayshore Drive, Miami, Florida ("Property"); and WHEREAS, the City tenant United States Sailing Center, Inc., a Florida non-profit corporation ("USSC"), is a water -dependent organization that has a lease agreement with the City for the provision of training for competitive sailors, operation of a sailing center, and such other usual functions incidental to such sailing programs at the Property ("Lease"); and WHEREAS, the Lease includes only the upland area and provides, in relevant part, that the City reserves all rights to the submerged lands; and WHEREAS, the USSC is seeking to repair/replace the existing floating docks and perform maintenance dredging of the City -owned submerged lands adjacent to the Property for the purpose of ensuring continued and improved boating vessel access and use of the Property; and WHEREAS, pursuant to Section 29-B of the Charter of the City of Miami, Florida, as amended ("City Charter"), notwithstanding anything in the Charter to the contrary, the City may DocuSign Envelope ID: D27792ED-37E9-4F87-8647-BD5FE68F1DC9 enter into leases or management agreements, for any City -owned submerged lands, with entities having a possessory or ownership interest in the abutting riparian uplands for building marinas, docks or like facilities, using methods adopted by ordinance on the condition that such leases or management agreements result in a return to the City of at least fair market value; and WHEREAS, pursuant to Section 18-602 of the Code of the City of Miami, Florida, as amended ("City Code"), the City may enter into a lease or management agreement with an upland owner to conduct an activity in a preempted area pursuant to methods established in Article XI and in compliance with Article XII of Chapter 18 of the City Code regarding time limitations for the development of improvements on City -owned property, with no further proprietary authorization required by the City for the particularly City Commission approved upland owner to conduct an activity in a preempted area as long as such activity in a preempted area continues to comply with said Article XII and the approved upland owner remains the same; and WHEREAS, the Coral Reef Yacht Club ("CRYC") is the adjacent upland owner and has an easement from the City to utilize a portion of the submerged lands adjacent to the Property; and WHEREAS, the USSC has been working collaboratively with the CRYC to plan and perform maintenance dredging in the area, including within the canal located between the Property and CRYC's adjacent upland; and WHEREAS, USSC shall be required to seek all necessary permits, collaborate with the CRYC where applicable, indemnify, defend, and hold harmless the City, and otherwise comply with all applicable laws to perform the improvements contemplated, all at no cost to the City; and WHEREAS, the City Commission finds it in the best interest of the City to authorize an Access and Indemnity Agreement ("Agreement") in order to grant the USSC the ability to perform the dock repair/replacement and maintenance dredging; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The City Manager is authorized' to negotiate and execute the Agreement, in a form acceptable to the City Attorney, between the City and the USSC, for the USSC improvement of access and use of the Property by repair/replacement of the floating docks and performance of maintenance dredging of the City -owned submerged lands immediately adjacent to the Property, all at no cost to the City. Section 3. The City Manager is further authorized' to negotiate and execute any and all future agreements for dock repair/replacement and maintenance dredging during the term of said USSC Lease, in forms acceptable to the City Attorney. Section 4. The City Manager is further authorized' to negotiate and execute any and all documents, including any amendments, renewals, extensions, and modifications subject to all ' The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to those prescribed by applicable City Charter and City Code provisions. DocuSign Envelope ID: D27792ED-37E9-4F87-8647-BD5FE68F1DC9 allocations, appropriations, prior budgetary approvals, compliance with all applicable provisions of the City Charter and City Code, in forms acceptable to the City Attorney, and in compliance with all applicable laws, rules, and regulations, as may be deemed necessary for said purpose. Section 5. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: ndez, City 7/5/2022 2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. DocuSign Envelope ID: D27792ED-37E9-4F87-8647-BD5FE68F1DC9 EXHIBIT B — PROPERTY [on following page] Page 14 of 17 DocuSign Envelope ID: D27792ED-37E9-4F87-8647-BD5FE68F1DC9 MAINTENANCE DREDGE TO -5.0' MLW (-8.98' NGVD) NEW DREDGE TO -5.0' MLW (-8.95' NGVD) TOTAL DREDGE TO -5.0' MLW (-8.98' NGVD) +_5.4-5.5+ + 5.2 + 5.3 +-5.7 +-5.5 +-5.3 +_5.5 + +-5.4 +-5 J +T5.5+5.2 +- +-5.5 +5.8 +-5.3 +-5.7 +-`E +-+5.5 + +-5. +-5. - +-5.5 + 17 BUFFER SHALL BE MAINTAINED BETWEEN WATERWARD EXTENT OF DREDGE FOOTPRINT ND • KING STRUCTURES ASSOCIATED WITH OPPOSING ATERFRONT PROPERTY (CORAL REEF YACHT CLUB -4.2 4.9 4.9 +_4.7 0 15 30 GRAPHIC SCALE IN FT 3 +-3.7 3.3 BISCAYNE BAY TURBIDITY CURTAIN TO BE PLACED DURING ALL DREDGE ACTIVITIES PROJECT U5. SAUNGCENTER MNNIETW[E DREDGING PROEM' SOS S. SAVA-10RA MUSE NAVAL FLORIDA SSA WENS - U.S. SNDNG CENTER To' rzra^grE CUMMINS CEDERBERG, INC. SSA CUMMINS I CEDERBERG cmmla Mom. & uut, SEAL SISSAUES SOUS AS DocuSign Envelope ID: D27792ED-37E9-4F87-8647-BD5FE68F1DC9 EGENO: EXISTING RIPRAP AND SEAWALL TO REMAIN JET PROBE - SEDIMENT THICKNESS (FEET) WATER DEPTH (FEET, NOAA MLW) NOTES: 1. JETTED SEDIMENT PROBES CONDUCTED ON 12/2/2020. 2. BATHYMETRIC SURVEY CONDUCTED BY CUMMINS CEDERBERG, DATED 12/2/2020. 3. CONTOURED WATER DEPTHS ARE IN FEET AND REFERENCED TO NOAA MEAN LOW WATER (NOAA MLW). 4. AERIAL IMAGE SOURCE: ESRI 2019. FOR REFERENCE ONLY. EXISTING DOCK TO REMAIN BISCAYNE BAY CRVCAUSSC NORTH BASIN CANAL DREDGING PROJECT NAM ROM\ al. CLEM CORAL REEF YACHT CLUB CIA LIINS CEDERBERG. INC. [tIMMINS I t EUBRBERG smomm EXISTING CONDITIONS SHEET WWI CM-1.1 SKETCH OF BOUNDARY AND TOPOGRAPHIC SURVEY OF: 2476 S. BAYSHORE DRIVE, MIAMI, FLORIDA 33133 LEGEND: c xonwi amp couprr pGcopos p p pLyr pooy pc ;AGE KNYourso TRAY Pr pRAKRAL LB LrEusEo Bum., IDENTIRCATION r. ups, BOLLARD CNBPAPPE UM/ MAE BREAx ..ALE .NOICAR ?ARAM CRAPE F:S N4848 o o 4, SURVEY ROTES: C;F Mr%,"="0,0,r,,,Z1M1Z:Vgfg.ZZA'A`17,11-PXLE 7,1V114 S NOT MPS APPPOPM ME SIGNATURE AND ME ORIGINAL RASED SEAL OF A FLORIDA LICENSED SURVE,R AND MAPPER. E Drg"1;7BLCSK'V Zal"4NTAM'E'NDAED,ZIT IS'OFOi<= 'Er,' 7,1n r11, PUBLIC. RECORDS OF MIAMI-DADE COON, ilDRIDA .1-HE r;44BIT'NLAVIE'EV20"-ENT7IETENTR'O'F7,2 ,szrzonlorAvm V-714MV-41". ',"441`4s= r",,ENFE4';-7:4-"r.1.,,'r'eTf-ErATs"L1rg.LE, ,."14=1,7=rEssE;11,4,o,,, E I N TA o u MEN . REP^ R Eo Sy , NE- s Rs. NC CANC. HAS TAKEN ALL REASONABLE STEPS TO ENSURE THE ACCURACY OF THIS DOCUMENT WE CANNOT GUARANTEE TPWB ALTERARONS ARO/OP MODOCAPONS WILL NOT BE AWE BY OniERS AFTER IT LEAVES OUR PossyssK4 Gyp ocasKorsr mu, BE COMPARED TO THE ORIGINAL HARD COPY (WHICH BEARS THE RAISED SURVEYOR'S GERTIFICAPON SEAL IF APPLICABLE) TO ENSURE THE ACCURACY OF THE INFORMATION CONTAINE? 'E'E" A" "'"E "' AL""r""ERZinraggRTY"OFTIEE v-dalm,„,zn 1',1,1%,"LnIt1Z,'47,25,41Zggs, o4E,, 4.4,4, .4. ExAcTA c,REcTLy „R vERTFrATIoN , AccuRAcy. LEITTM'aLZ1""ur1","1,2=Fra LL;n2„,-.-„Emr.Erz- ABOVEGROUND FEATURES ONLY TliF":17311 VIEW 1 NOT TO SCALE VIEW 2 A NOT TO SCALE VIEW 3 A NOT TO SCALE G -KENNEDY PARK POINT OF BEGINNING. 11= 41" 47'1514" E 269.99' (C SURVEY NOTES: )ONTIN"EPN TYE SURVEYOR DID NOTINSPECT TNE PROPER, SHOWN HERON FOR ENVIRONMENT, HAZARDS. JWNERSHIP OF WALLS ore FENCES was NOT CM -FRAMED I. EXACTA COMMERCIAL SURVEYORS. IN, DID NOT SEARCH THE PUBLIC RECORDS OF MAW-DADE COUNT, r.a. FOR CNNERSHIP. RIGHTS -OF -WAY. EASEMENTS OR OMER MATTERS AFFECTING THE PROPER, BEING r4Em7LL.T.L L7„ " -"- 77102 74, s=, ZO,gD VEGETATION, IRRIGATIeN LINES, WELLS AJ,ID SPRINKLERS HEADS (IF ANY), NOT socasres I I. THE P.P., SHOWN HEREON CONTAINS 1.66 ACRES (7.2,40.3 SQUARE FEET), MORE OR LESS. OL2C,IXI,E,N,SIONS WERE MEASURED AT GROUND LEvEL AND ARE OVERALL ARLNITECTONAL DETAILS ELEV,ILINS SHLWN NEREuN ARE EASED OH A MIAAII-DADE COLA, BENCHMARK -.ARBOR SURVE, AND REFER TO THE NATC.NAL GEODETIC VERTCAL MANN 07 19. (NCVD 29) THE MARK IS A U S. N'OFREIM'T S2r T TgraTI-1Sr0Onfr SVN2A'SNIN'InFA"T1'1E'Utf.f Lagar. VfEW 4 A NOT TO SCALE VIEW 5 A NOT TO SCALE N 4718.18" W 393.35(C) cr"4`4.124,Z" L. S .4715'14" 151.02' (C) CHANNEL FOLLOWS COMMENCE AT THE MCST NORTHERLY CORNER OF SAID LOT 1 4: RAIXTPEASSERLY ALONG THE NORTHEASTERLY UNE OF SAID LOT 14 FOR A DISTANCE OF 3.20.00 THENCE DEFLECTING 90' TO THE MGM RUN SOUTHWESTERLY FOR A DISTANCE OF 2.5 OD FEET TO THE POINT OF BEGINNING OF THE a -MOWING PARCEL OF IAND HEREIN DESCRIBED. THENCE CCMCNUP SOUTHWESTERLY ON THE GAME COURSE FOR A DISTANCE OF 1,00 FEET TO A POINT THENCE DEFLECTING 90' TO THE RIGHT. RUN NORTHWESTERLY FOR A DISTANCE OF 103.00 FEET TO A POINT. ZTTS=WE'SSATGTRTY'L'INETVTLInTT" """T" "T" "' " " 90. TO THE LE, RUN ALONG ME FACE OF SAO SEAWALL FOR A OMANGE OF I .1.27 TEZVERECTING 9, IC THE RIG, DC.N1INIJE ALONG SAID SEAWALL FOR A DISWNGE OF IS1 Oa FEET La AOLF,ZIE,AIT,B1=DLIkOErnDAADE,,,:,;[,,,IINTY, THEN, DEFLEctLf 3:.t".37.%"TirELALEFT, TR7Zil.E.,N'ZLITST"WP:tiR'T.:1312;T'" 121-:RTEHTEO.tiO nu4',5=8FrivEr,,jg ;'E',Euc'Z'TH'Er:717:tauT'T"' / 4 ea THIS SURVEY IS CESPRED TO: SAILING CENTER LOCATION MAP NOT TO SCALE CERTIFICATE: ZI,allEs,1/';‘Morl'..eggrAnalEPTLNTgannr47g.tITZLIF. SEAL AN 4%5E0 LIRVEYOR'S SEAL CS1410 01 01 DocuSign Envelope ID: D27792ED-37E9-4F87-8647-BD5FE68F1DC9 EXHIBIT C- SCOPE OF WORK AND SCHEDULE [on following page] Page 15 of 17 DocuSign Envelope ID: D27792ED-37E9-4F87-8647-BD5FE68F1DC9 Scope of Work and Schedule The dredging and dock maintenance/repair work will be completed in two phases. Phase 1: • Dredge approximately 100 cubic yards of material in area between USSC and CRYC • Time frame: approximately two weeks of work • To start: immediately Phase 2 • Dredge along USSC waterfront — approximately 240 cubic yards of material • Permitting timeline to complete - approximately 6 months • Dredging timeline — approximately 4-5 weeks • Dock installation — approximately 4 weeks DocuSign Envelope ID: D27792ED-37E9-4F87-8647-BD5FE6SF1DC9 EXHIBIT D - CORPORATE RESOLUTION [on following page] Page 16 of 17 DocuSign Envelope ID: D27792ED-37E9-4F87-8647-BD5FE68F1 DC9 U.S. SAILING CENTER MIAMI United States Sailing Center, Inc. August 22, 2022 Board of Directors Resolution to execute an access, indemnification, and hold harmless agreement with the City of Miami I, Pat Downey, as the duly authorized Executive Director of the United States Sailing Center, Inc. (USSC), do hereby certify that on August 22, 2022, at which a quorum was present, the Executive committee of the United States Sailing Center voted in the affirmative to enter into an access, indemnification, and hold harmless agreement with the City of Miami relating to the waterfront improvement projects approved at the USSC Board meeting of June 30, 2020. The duly elected executive officers of this corporation are authorized to perform the acts to carry out this corporate resolution as specified in Section 5.3-1 of the USSC bylaws. Be it resolved, that the Executive Director is authorized to sign for the Corporation to enter into the access, indemnification, and hold harmless agreement 1784686 as presented by the City of Miami, and agreed to by both parties. Vote: 1. Luis Prieto y Munoz — President — affirmative 2. Chris Lanza — Vice President — affirmative 3. Scott Giering — Treasurer — affirmative 4. Sharon Bivans — Secretary - absent Executive Director Pat Downey 8/22/2022 County of -in 0-"1/ U - On this 15 _ day of Sys/Trvi he,r 2r, 2 2 ore me personally appeared Trztsc� D°'- to me known to be the pe,��� ho executed the foregoing instrument, and acknowledged that he executed the sanie,:4,a1 free act and deed: - SEAL (signed) otary Pubiic ,d►( Plft Notary Public State of Florida Jeff Catanach My Commission GG 948074 Expires 01121/2024 DocuSign Envelope ID: D27792ED-37E9-4F87-8647-BD5FE6SF1DC9 EXHIBIT E - INSURANCE REQUIREMENTS [on following page] Page 17 of 17 DocuSign Envelope ID: D27792ED-37E9-4F87-8647-BD5FE68F1DC9 EXHIBIT E INSURANCE REQUIREMENTS FOR A CERTIFICATE OF INSURANCE CONSTRUCTION REQUIREMENTS GENERAL CONTRACTOR FLOATING DOCKS USSC I. Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $1,000,000 General Aggregate Limit $ 2,000,000 Products/Completed Operations $ 1,000,000 Personal and Advertising Injury $1,000,000 B. Endorsements Required City of Miami listed as an Additional Insured Contingent and Contractual Liability Premises and Operations Liability Explosion, Collapse and Underground Hazard Primary Insurance Clause Endorsement 11. Business Automobile Liability 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 $ 1,000,000 B. Endorsements Required City of Miami included as an Additional Insured DocuSign Envelope ID: D27792ED-37E9-4F87-8647-BD5FE68F1DC9 III. Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of subrogation USL&H Included Employer's Liability A. Limits of Liability $1,000,000 for bodily injury caused by an accident, each accident. $1,000,000 for bodily injury caused by disease, each employee $1,000,000 for bodily injury caused by disease, policy limit IV. Umbrella Policy A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $ 2,000,000 Aggregate $ 2,000,000 City of Miami listed as an additional Insured. Coverage is excess follow form over all liability polices contained herein. V. Payment and Performance Bond $TBD City Miami listed as obligees DocuSign Envelope ID: D27792ED-37E9-4F87-8647-BD5FE68F1DC9 VII. Builders' Risk (IF APPLICABLE) Causes of Loss: All Risk -Specific Coverage Project Location Valuation: Replacement Cost Deductible: $2,500 All other Perils 5% maximum on Wind/Hail and Flood City of Miami listed as loss payees A. Coverage Extensions: As provided by carrier VIII. Protection and Indemnity Each Occurrence Policy Aggregate City of Miami listed as an additional insured $1,000,000 $1,000,000 The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer not less than (30) days prior to any such cancellation or material change, or in accordance to policy provisions. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A-" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. DocuSign Envelope ID: D27792ED-37E9-4F87-8647-BD5FE68F1 DC9 Exhibit B Insurance Requirements from Lease Lessee, at its sole cost, shall obtain and maintain in full force and effect at all times throughout the period of this Agreement, the following insurance coverage: (a) Property Insurance: "Special Form" property insurance form with extended coverage against loss or damage by earth movement, named storm, windstorm, hail, and flood. Amounts: Such coverage shall be in the following amounts: Replacement cost on the building, leasehold improvements (exclusive of foundation and excavation costs), lessee's alterations, improvements, fixtures, equipment, trade fixtures and floor coverings, including the expense of removal of debris as a result of damage by an insured peril (collectively, the "insured property") on the property with a maximum deductible of one percent (1%) of the insured value on all perils other than windstorm and five percent (5%) of the insured value for the peril of windstorm and hail, earth movement, flood and named storm, and other sub limits or coverage enhancements as applicable. Such perils, including windstorm and flood insurance, is to be provided to the extent commercially available. Notwithstanding the foregoing, the parties acknowledge and agree that coastal properties are often precluded from being insured by private insurers and that any casualty and windstorm insurance may have to be written through the Florida Joint Underwriters Association and/or other governmental or other insurance pool which may include certain prohibitions such as no replacement cost coverage. (b) Business Interruption Insurance: "Special Form" coverage with limits not less than the minimum annual rent, remuneration or ordinary payroll and the debt service payments with 180 days extended period of indemnity. Lessor shall be listed as loss payee on this coverage. (c) Equipment Breakdown !Boiler and Machinery) if applicable: Insurance covering repair and replacement of all boilers and machinery serving or benefiting the leasehold improvements. The policies of insurance shall be endorsed to provide use and occupancy coverage for the leasehold improvements in such amount as may be reasonably acceptable to the Lessor. The Lessor shall be listed as loss payee on this coverage. (d) Commercial General Liability Insurance: Commercial General Liability insurance on a commercial general liability coverage form with "broad form" coverage, or its equivalent, including contingent and contractual liability, participant liability, products and completed operations, personal and advertising injury, and premises/operations coverage, including parking lot coverage against sums adjudicated to be payable by the insured on account of bodily injury, death or property damage DocuSign Envelope ID: D27792ED-37E9-4F87-8647-BD5FE68F1 DC9 occurring in or about the property. This coverage should be written on a primary and non- contributory basis. Amounts: The limits of such coverage shall not be less than One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate single limit for bodily injury and property damage. The Lessor must be listed as an additional insured on this coverage. (e) Marine Operators Legal Liability: Insurance with limits not Tess than One Million Dollars (1,000,000). The Lessor must be included as an additional insured and loss payee. (f) Protection and Indemnity Liability/Jones Act Coverage: P & I coverage with limits of $1,000,000 per occurrence and $1,000,000 police aggregate, listing the City of Miami as additional insured. Coverage for Jones Act must be included. (g) Property Coverage Docks and Piers (if applicable): All Risk including Windstorm, Hail, and Flood subject to replacement cost with a maximum deductible of five percent (5%) on all perils to the extent and as commercially available. Notwithstanding the foregoing, the parties acknowledge and agree that coastal properties are often precluded from being insured by private insurers and that any casualty and windstorm insurance may have to be written through the Florida Joint Underwriters Association and/or other insurance markets. Lessor should be listed as loss payee on this coverage. (h) Automobile Liability: Automobile Liability insurance covering all owned automobiles, including hired and non -owned auto exposures used in connection with operations covered by this lease. The policy or policies of insurance shall contain limits not less than Five Hundred Thousand ($500,000) combined single limit for bodily injury and property damage. The Lessor shall be named as an additional insured on this coverage. The requirements of this provision in terms of owned autos will be waived upon submission of a written statement from the Lessee that no automobiles are used to conduct business. (i) Worker's Compensation: Statutory Worker's Compensation and occupational disease coverage in the amounts and types required by Chapter 440, of the Florida Statutes. (j) Umbrella: The Lessee shall further maintain an umbrella policy with limits of One Million Dollars ($1,000,000) per occurrence and policy aggregate. This coverage should be in excess over all applicable liability policies contained herein, including liquor. DocuSign Envelope ID: D27792ED-37E9-4F87-8647-BD5FE68F1 DC9 (k) Required Policy Provisions: All policies of insurance required to be provided and obtained may not be amended, cancelled, or materially changed, unless such actions shall be required by the insurance carrier, without thirty (30) days written notice to the Lessor. Said notice should be delivered to the City of Miami, Division of Risk Management, Attention: Director, 444 S.W. 2"d Avenue, 9th Floor, Miami, Florida 33130, with a copy to City of Miami, Department of Real Estate and Asset Management, 444 S.W. 2nd Avenue, Miami, Florida 33130, or such address that may be designated from time to time. (I) Delivery: Current evidence of insurance coverage shall be supplied to the City of Miami Department of Risk Management with a copy to City of Miami Department of Real Estate and Asset Management at the commencement of this Lease, and a new evidence of insurance coverage shall be supplied at least twenty (20) days prior to the expiration of each such policy. Insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications as to management and financial strength: the company should be rated "A" as to management and no less than class "V" as to financial strength, in accordance with the latest edition of Best's Key Rating Guide, or the company holds a valid Florida Certificate of Authority issued by the State of Florida, Department of Insurance, and be a member of the Florida Guarantee Fund. Receipt of any documentation of insurance by the Lessor or by its representatives, which indicates less coverage than required, does not constitute a waiver of the Lessee's obligation to fulfill the insurance requirements hereof. The insurance coverage required shall include those classifications as listed in standard liability insurance manuals which most nearly reflect the operations of the Lessee. (m) Right to Amend Insurance Requirements: The Lessor reserves the right to reasonably amend the insurance requirements according to usual and customary standards in the insurance industry as circumstances dictate in order to protect the interest of the Lessor in this Lease Agreement, provided that such requirements are uniformly imposed on comparable Lessor -owned waterfront properties. DocuSign Envelope ID: D27792ED-37E9-4F87-8647-BD5FE68F1DC9 U N ITSTA-01 JENVILI ACORif, CERTIFICATE OF LIABILITY INSURANCE �/ DATE(MM/DD/YYYY) 8/22/2022 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 International Insurance Center Inc 7990 SW 117 Ave Suite 209 Miami, FL 33183 CONTACT Maria Fisk NAME: PHONE 305 279-5446 FAx 305 279-4045 (A/C, No, Ext): ( ) (A/C, No):( ) ADDRIEss: maria@iic.cc INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Chubb Indemnity Insurance Company 12777 INSURED United States Sailing Center, Inc 2476 South Bayshore Drive Miami, FL 33133 INSURER B : INSURER C: 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 POLIC ES 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 W VD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY X 3581-05-38 ECE 2/6/2022 2/6/2023 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR DAMAGE TO PREMISES Ea occurrence) $ 1,000,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE POLICY OTHER: LIMIT APPLIES JECT PRO- PER: LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OPAGG $ Included LIQUOR LIB AGG $ 1,000,000 A AUTOMOBILE X LIABILITY ANY AUTO OWNED X SCHEDULED AUTOS NON -OWNED AUTOS ONLY 3581-05-38 ECE 2/6/2022 2/6/2023 COMBINED SINGLE LIMIT (Ea accident) 1,000,000 $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE X 9365-00-91 2/6/2022 2/6/2023 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 DED RETENT ON $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N / A (23) 7172-15-41 2/6/2022 2/6/2023 " PER STATUTE OTH- ER E.L. EACH ACCIDENT $ 500,000 E.L. DISEASE - EA EMPLOYEE $ 500,000 E.L. DISEASE - POLICY LIMIT 500,000 $ A A Marine Gen Liab Yacht 07319205 07319205 2/6/2022 2/6/2022 2/6/2023 2/6/2023 Per Occurence P&I / Regatta 1,000,000 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Miami Department of Public Facilities is included as an Additional Insured/Lessor of Premises on General Liability Policy ATIMA as respects to insured's use of holders premsies. The policy includes Primary and Non Contributory wording. CERTIFICATE HOLDER CANCELLATION Cityof Miami 444 S.W. 2nd Avenue, 3rd Floor Miami, FL 33130 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: D27792ED-37E9-4F87-8647-BD5FE68F1DC9 U N ITSTA-01 MFISK ACORif, CERTIFICATE OF LIABILITY INSURANCE �/ DATE D/YYYY) 9/2/2/2/2022 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 International Insurance Center Inc 7990 SW 117 Ave Suite 209 Miami, FL 33183 CONTACT Maria Fisk NAME: PHONE 305 279-5446 FAx 305 279-4045 (A/C, No, Ext): ( ) (A/C, No):( ) ADDRIEss: maria@iic.cc INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Chubb Indemnity Insurance Company 12777 INSURED United States Sailing Center, Inc 2476 South Bayshore Drive Miami, FL 33133 INSURER B : INSURER C: 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 POLIC ES 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 W VD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY X 3581-05-38 ECE 2/6/2022 2/6/2023 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR DAMAGE TO PREMISES Ea occurrence) $ 1,000,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE POLICY OTHER: LIMIT APPLIES JECT PRO- PER: LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OPAGG $ Included LIQUOR LIB AGG $ 1,000,000 A AUTOMOBILE X LIABILITY ANY AUTO OWNED X SCHEDULED AUTOS NON -OWNED AUTOS ONLY 3581-05-38 ECE 2/6/2022 2/6/2023 COMBINED SINGLE LIMIT (Ea accident) 1,000,000 $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE X 9365-00-91 2/6/2022 2/6/2023 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 DED RETENT ON $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N / A (23) 7172-15-41 2/6/2022 2/6/2023 " PER STATUTE OTH- ER E.L. EACH ACCIDENT $ 500,000 E.L. DISEASE - EA EMPLOYEE $ 500,000 E.L. DISEASE - POLICY LIMIT 500,000 $ A A Marine Gen Liab Yacht X X 07319205 07319205 2/6/2022 2/6/2022 2/6/2023 2/6/2023 Per Occurence P&I / Regatta 1,000,000 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Miami Department of Public Facilities is included as an Additional Insured/Lessor of Premises on General Liability Policy included P&I ATIMA as respects to insured's use of holders premises. The policy includes Primary and Non Contributory wording. CERTIFICATE HOLDER CANCELLATION Cityof Miami 444 S.W. 2nd Avenue, 3rd Floor Miami, FL 33130 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: D27792ED-37E9-4F87-8647-BD5FE68F1DC9 J4WRO" EVIDENCE OF PROPERTY INSURANCE MFISK DATE (MM/DD/YYYY) 9/2/2022 THIS EVIDENCE OF PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE ADDITIONAL INTEREST. AGENCY PHONE (305)279-5446 (A/C, No, Ext): International Insurance Center Inc 7990 SW 117 Ave Suite 209 Miami, FL 33183 FAx 305 279-4045 CODE: E-MAIL ADDRESS: infoIc.cc SUB CODE: AGENCY CUSTOMER ID #: UNITSTA-01 COMPANY Western World INSURED United States Sailing Center, Inc 2476 South Bayshore Drive Miami, FL 33133 LOAN NUMBER POLICY NUMBER NPP8840198 EFFECTIVE DATE 2/11/2022 EXPIRATION DATE 2/11/2023 CONTINUED UNTIL TERMINATED IF CHECKED THIS REPLACES PRIOR EVIDENCE DATED: PROPERTY INFORMATION LOCATION/DESCRIPTION Loc # 1, Bldg # 1, 2476 South Bayshore Drive, Miami, FL 33133 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 EVIDENCE OF PROPERTY INSURANCE 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. COVERAGE INFORMATION PERILS INSURED BASIC BROAD X SPECIAL COVERAGE / PERILS / FORMS AMOUNT OF INSURANCE DEDUCTIBLE Loc # 1, Bldg # 1 Building, Special Form $818,805 2,500 Business Personal Property, Special Form Replacement Cost Included Excluding Windstorm/Hail $30,000 2,500 REMARKS (Including Special Conditions) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ADDITIONAL INTEREST NAME AND ADDRESS City of Miami 444 S.W. 2nd Ave 3rd Floor Miami, FI 33130 ADDITIONAL INSURED MORTGAGEE LENDER'S LOSS PAYABLE X LOSS PAYEE LOAN# AUTHORIZED REPRESENTATIVE ACORD 27 (2016/03) © 1993-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: D27792ED-37E9-4F87-8647-BD5FE68F1DC9 J4WRO" EVIDENCE OF PROPERTY INSURANCE MFISK DATE (MM/DD/YYYY) 9/6/2022 THIS EVIDENCE OF PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE ADDITIONAL INTEREST. AGENCY PHONE (305)279-5446 (A/C, No, Ext): International Insurance Center Inc 7990 SW 117 Ave Suite 209 Miami, FL 33183 FAx 305 279-4045 CODE: E-MAIL ADDRESS: infoIc.cc SUB CODE: AGENCY CUSTOMER ID #: UNITSTA-01 COMPANY Lloyds of London - Windstorm Coverage INSURED United States Sailing Center, Inc 2476 South Bayshore Drive Miami, FL 33133 LOAN NUMBER POLICY NUMBER 2022817308038 EFFECTIVE DATE 9/7/2022 EXPIRATION DATE 9/7/2023 CONTINUED UNTIL TERMINATED IF CHECKED THIS REPLACES PRIOR EVIDENCE DATED: PROPERTY INFORMATION LOCATION/DESCRIPTION Loc # 1, Bldg # 1, 2476 South Bayshore Drive, Miami, FL 33133 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 EVIDENCE OF PROPERTY INSURANCE 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. COVERAGE INFORMATION PERILS INSURED BASIC BROAD SPECIAL COVERAGE / PERILS / FORMS AMOUNT OF INSURANCE DEDUCTIBLE Loc # 1, Bldg # 1 Building $913,000 Contents $30,000 Business Income with Extra $140,000 Expense Windstorm Deductible 5.0000% Replacement Cost Included REMARKS (Including Special Conditions) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ADDITIONAL INTEREST NAME AND ADDRESS City of Miami 444 SW 2nd Ave, 3rd Floor Miami, FL 33130 ADDITIONAL INSURED MORTGAGEE LENDER'S LOSS PAYABLE X LOSS PAYEE LOAN # AUTHORIZED REPRESENTATIVE ACORD 27 (2016/03) © 1993-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Olivera, Rosemary From: Lila, Sandy Sent: Tuesday, September 20, 2022 10:00 AM To: Hannon, Todd; Lee, Denise; Olivera, Rosemary Subject: Matter ID # 21-1175 United States Sailing Center, Inc. (USSC) Executed Agreement - 09/20/2022 Attachments: FE Access, Indemnification and Hold Harmless Agreement USSC 9-20-22.pdf Good morning All, Please find attached the fully executed copy of an agreement from DocuSign that is to be considered an original agreement for your records. Matter ID # 21-1175 United States Sailing Center, Inc. (USSC) Executed Agreement - 09/20/2022 Kind regards, Sandy Lila Lease Manager Department of Real Estate and Asset Management 444 SW 2 Avenue, 3rd Floor Miami, Florida 33130 slila@miamigov.com i