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HomeMy WebLinkAbout24379AGREEMENT INFORMATION AGREEMENT NUMBER 24379 NAME/TYPE OF AGREEMENT JOSEPH MILTON OF THE NILDA MILTON REVOCABLE TRUST DESCRIPTION SCULPTURE DONATION, INSTALLATION & MAINTENANCE AGREEMENT/ALBERT PALLOT PARK/FILE ID: 4910/R-18- 0441/MATTER ID: 18-2766/#125 EFFECTIVE DATE December 6, 2019 ATTESTED BY TODD B. HANNON ATTESTED DATE 12/5/2019 DATE RECEIVED FROM ISSUING DEPT. 4/28/2023 NOTE CITY OF MIAMI DOCUMENT ROUTING FORM ��b� ORIGINATING DEPARTMENT: Parks and Recreation DEPT. CONTACT PERSON: LaCleveia Morley EXT. 1332 NAME OF OTHER CONTRACTUAL PARTY/ENTITY: Joseph Milton and the Nilda Milton Revocable Trust. IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? ❑ YES ® NO TOTAL CONTRACT AMOUNT: $485,000.00 FUNDING INVOLVED?:® YES ❑ NO TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT ❑ PROFESSIONAL SERVICES AGREEMENT ❑ GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ LICENSE AGREEMENT ❑ PUBLIC WORKS AGREEMENT; S:_ ❑ MAINTENANCE AGREEMENT;°_.. ❑ INTER -LOCAL AGREEMEN'E c: ElLEASE AGREEMENT f_ _.; ❑ PURCHASE OR SALE AGREEl4IENTQO OTHER: (PLEASE SPECIFY) Sculpture Maintenance Agreement °. 1.77 PURPOSE OF ITEM (BRIEF SUMMARY): Agreement allowing for the donation, installation, and maintenance and upkeep of a sculpture at Albert Pa11ot Park. COMMISSION APPROVAL DATE: 10/11/18 FILE ID: 4910 ENACTMENT NO.: R-18-0441 IF THIS DOES NOT REQUIRE _COMMISSION APPROVAL, PLEASE EXPLAIN: N/A ROUTING INFORMATION Date PLEASE PRINT AND SIGN APPROVAL BY DEPARTMENTAL DIRECTOR / r b/ c0 5 PRINT: Lara de Sou a H wey SIGNATURE: / 7/7 SUBMITTED TO RISK MANAGEMENT �/ ! � / /f PRnvTAnn-Marie Sharp, SIGNATURES(,, G v , 'z SUBMITTED TO CITY ATTORNEY;Pp;�II� '�1�h�' sT •T pa1 • p I kc c. /u'�` ,� 1 Nc, 2J'iI I f t ',/ i 9 PRINT: f �A SIGNATURE: V APPROVAL BY ASSISTANT CITY MANAGER klii PRINT~ ce►ibe t hekwaba r C.4.5cei /1 /eC" SIGNATURE: APPROVAL BY DEPUTY CITY MANAGER it,/LA S PRINT: Joe Napoli SIGNATURE: Rill-"'" RECEIVED BY CITY MANAGER PRINT: Emilio T. Gonzalez SIGNATURE: 1) 2) 3) PRINT: I SIGNATURE: ,r1i"i, PST: SIGNATURE: PRINT: SIGNATURE: KINUORIL;INVIRROICITiYICLERKI. .:NE-IDORATLO NITiVARTiORNEaSIO;FFI:CEa . REMAININGj4RI"GINpL�{MS TOICIRIGIN'ZAING1 DEPJARi1iMEN�I PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER City of Miami Office of the City Attorney Legal Services Request To: Office of the City Attorney Date: 11/12/19 From:.LaCleveia Morley Contact Person Assistant to the Director Title Parks and Recreation Department Requesting Client 305-416-1332 Telephone Legal Service Requested: To assign an attorney to execute the Sculpture Maintenance Agreement. Matter ID: 18- 2766 This Matter is assigned to Richard Appleton. Complete form and forward to the Office of the City Attorney or e-mail to Legal Services. Do notassume that the Office of the City Attorney knows the background of the question and/or issue, such as opinions on the same or similar issues, the existence of relevant memos, correspondence, etc. Please attach to this form and/or e-mail all pertinent information relating to the subject. Once your request has been assigned, an e-mail will be sent to you with the Assigned Attorney's name and the issued matter identification number. All attorneys in the Office of the City Attorney shall fully comply with the Rules Regulating The Florida Bar. For Legal Services requesting an opinion from the Office of the City Attorney: ❑ Issue opinion in writing. ❑ Publish opinion after i suance. Authorized Date response requested by: 11/12/19. BELOW PORTION TO BE'COMPLETED BY THE OFFICE OF THE CITY ATTORNEY Assigned Attorney: Date: File No. Approved by: Ultimate Client: Comments: D / R Date: Type: Matrix: Category: Copy returned to Requesting Client Copy to Ultimate Client rev. 06/17/2011 Sculpture Donation, Installation, and Maintenance Agreement Between the City of Miami and Joseph Milton as Co -Trustee of the Nilda Milton Revocable Trust ' • Joseph Milton and the Nilda Milton Revocable. Trust has donated a.sculpture to the City of Miami Parks Department for installation at Albert PallottPark. • Pursuant to Resolution R-18-0441 the City of Miami has agreed to accept the donation of the sculpture to be installed at the Park. • The City Manager is authorized to negotiate and execute any and all necessary documents, including a maintenance agreement in a form acceptable to the City attorney, to accept the donation. • The Nilda Milton Revocable Trust will install the sculpture in accordance with an approved site plan in accordance with Warrant No. 201-0046. • The sculpture may not be altered, relocated or removed unless both Parties execute a written instrument agreeing to said alteration, relocation or removal. SCULPTURE DONATION. INSTALLATION. AND MAINTENANCE AGREEMENT THIS SCULPTURE DONATION, INSTALLATION, AND MAINTENE T (hereinafter called the "Agreement") made and entered into this y(12, day of 2019, by and between JOSEPH MILTON, as Co -Trustee of the Nilda Milton ocable Trust, whose address is 3211 Ponce de Leon Boulevard, Coral Gables, Florida 33134 ( `NMRT"), and the CITY OF MIAMI, FLORIDA a municipal corporation of the State of Florida, in the county of Miami -Dade, (the "City") (NMRT, together with the City referred to as the "Parties"). RECITALS WHEREAS, the City owns, operates and maintains that certain real property located at 3805 NE 6 Avenue, Miami, Florida 33137 (the "Park"), also known as Albert Pallot Park; and WHEREAS, the City Commission, pursuant to Resolution No. R-18-0441, a copy of which is attached hereto as Exhibit A, accepted the donation of a certain sculpture identified in Exhibit B (the "Sculpture") to be installed at the Park; and WHEREAS, the NMRT has retained the services of International General Contractors, LLC, a Florida Limited Liability Company ("IGC"), to install the Sculpture at the Park. IGC is a licensed and bonded construction company in the State of Florida; WHEREAS, NMRT has agreed to erect and maintain the Sculpture at the Park in accordance with the terms of this Agreement. NOW THEREFORE, in consideration for the express grant by City of the right and license to allow construction and maintenance of the Sculpture within the Park, subject to the terms and conditions set forth herein, NMRT does hereby agree with the City as follows: 1. The foregoing recitals are true and correct and are made a part hereof. 2. Prior to March 1, 2020, . NMRT (performing the work itself or through IGC) shall install the Sculpture at the Park in substantial accordance with the Site Plan approved by the City of Miami pursuant to Warrant No. 201- 0046, attached hereto as Exhibit C. 3. NMRT (performing the work itself or through IGC) shall, at NMRT's sole cost and expense, maintain, replace, repair, improve, and/or modify the Sculpture when reasonably necessary to maintain it in good order and repair at all times and in an attractive, clean and sanitary condition. The City agrees to provide NMRT and IGC limited, non- exclusive use of the Park, during normal Park hours of operation, for the construction, installation, maintenance, replacement, repair, improvement, and/or modification of the Sculpture. The City reserves the right to deny NMRT and IGC to access, to enter, or to remain in the Park for reasonable cause: 4. Subject to the provisions of Section 3 above, in the event NMRT, its agents, representatives, designees, successors, or assigns fail in the reasonable discretion of the City's Director of the Parks and Recreation to properly maintain the Sculpture or any part thereof, so that such the Sculpture becomes a hazard to the health, welfare, or safety of the Sculpture Maintenance Agreement Nilda Milton Revocable Trust City of Miami 3805 NE 6 Avenue general public, the City shall give NMRT written notice of such failure via certified mail, return receipt requested, and NMRT shall, at NMRT's sole cost and expense, within forty- five (45) calendar days from receipt of such notice, abate such hazard, if and as applicable, by either (i) restoring the Sculpture, or any part thereof, to a safe condition reasonably satisfactory to the City, or (ii) removing the Sculpture, or any part thereof. 5. The Sculpture may not be altered, relocated or removed unless both Parties execute a written instrument agreeing to said alteration, relocation or removal. 6. To the extent permitted by Florida law, NMRT shall indemnify, defend, and hold harmless the City, its officials and employees (i) from and against any third party claims, demands, liabilities, losses, or causes of action arising out of the construction, installation, maintenance, and/or removal of the Sculpture, or any part thereof, by or through NMRT (and its successors and assigns), (ii) from and against any orders, judgments, or decrees which may be entered against the City with respect to the construction, installation, maintenance, and/or removal of the Sculpture, or any part thereof, by or through NMRT (and its successors and assigns), and (iii) for all reasonable out of pocket costs, attorneys' fees, expenses, and liabilities incurred in the investigation or defense of such claim, to the extent not caused by the gross negligence, bad faith or willful misconduct of the City or any of its employees, agents, licenses, contractors or representatives. The NMRT shall require all Sub -contractor agreements, if applicable, to include a provision that they will indemnify, defend, and hold harmless the City, its officials and employees, and further list the City as an additional insured on all applicable third party liability policies. 7. It is expressly understood and agreed that this instrument shall be binding upon the City and NMRT and also upon their successors in interest, or assigns. 8. Any notice, request, demand, approval, or consent given or required to be given under this Agreement shall be in writing and shall be deemed as having been given when mailed by United States registered or certified mail, return receipt requested, postage prepaid, to the other parties at the addresses stated below or at the last address provided by a party to the other party at which to receive notice: NMRT: Rex Barker c/o NMRT 3211 Ponce de Leon Boulevard Suite 301 Coral Gables, FL 33134 And Iris V. Escarra, Esq. Greenberg Traurig, P.A. 333 SE 2nd Avenue, 44th Floor Miami, FL 33131 2 Sculpture Maintenance Agreement Nilda Milton Revocable Trust City of Miami 3805 NE 6 Avenue CITY: CITY MANAGER City of Miami 444 SW 2nd Avenue, loth Floor Miami, FL 33130 And Director of Parks and Recreation Department City of Miami 444 SW 2nd Avenue, 8th Floor Miami, FL 33130 9. NMRT expressly acknowledges (i) that the permission granted by the City to construct the Sculpture at the Park is solely for the limited purposes set forth herein and does not constitute a lease, (ii) the City retains possession and control of property owned by the City, (iii) if NMRT breaches any term of this Agreement, receives written notice of such breach from the City, and does not timely cure such breach, within sixty (60) days after receipt of such written notice (provided, however, that in the event that such cure cannot reasonably be completed within such sixty (60) day period, then NMRT shall have such additional cure period as is reasonably required provided that NMRT commences such cure within such sixty (60) day period and diligently pursues the same until completion), then the City may unilaterally revoke the permission granted herein to NMRT by written notice to NMRT delivered prior to the date on which NMRT cures such breach, and (iv) NMRT does not and shall not claim at any time any interest or estate of any kind or extent in land owned by the City by virtue of its use hereunder or by virtue of any expenditures incurred in connection herewith. 10. NMRT agrees to require IGC to (i) deliver a certificate of insurance in accordance with Exhibit D, attached hereto and incorporated herein, with NMRT as additional insured to the City prior to the execution of this Agreement, and (ii) execute a document conveying full title to the Sculpture to the City free and clear of all liens and certifying the Sculpture's authenticity, ownership, and the right of the trust to donate the Sculpture to the City. 11. This Agreement shall be construed and enforced according to the laws of the State of Florida. Venue in any proceedings between the parties shall be in Miami -Dade County, Florida. Each party shall bear its own attorneys' fees. Each party waives any defense, whether asserted by motion or pleading, that the aforementioned courts are an improper or inconvenient venue. Moreover, the parties consent to the personal jurisdiction of the aforementioned courts and irrevocably waive any objections to said jurisdiction. The parties irrevocably waive any rights to a jury trial. 12. 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 in writing. 3 Sculpture Maintenance Agreement Nilda Milton Revocable Trust City of Miami 3805 NE 6 Avenue 13. 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 or the City of Miami, 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 the same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect or limitation of its use. 14. This is the entire agreement between the Parties. It replaces and supersedes any and all oral agreements between the Parties, as well as any prior writings. Modifications and amendments to this Agreement shall be enforceable only if they are in writing and are signed by authorized representatives of the Parties. 15. NMRT understands that agreements with local governments are subject to certain laws and regulations, including laws pertaining to public records (Chapter 119), conflict of interest, record keeping, etc. City and NMRT agree to comply with and observe all such applicable federal, state and local laws, rules, regulations, codes and ordinances, as they may be amended from time to time. NMRT further agrees to include in all of NMRT's agreements with subcontractors for any Services related to this Agreement this provision requiring subcontractors to comply with and observe all applicable federal, state, and local laws rules, regulations, codes and ordinances, as they may be amended from time to time. 16. NMRT, its contractors, subcontractors, employees, and agents shall be deemed to be independent contractors, and not agents or employees of the City, and shall not attain any rights or benefits under the Civil Service or Pension Ordinances of the City, or any rights generally afforded classified or unclassified employees; further, they shall not be deemed entitled to the Florida Workers' Compensation benefits as employees of the City. [Signature Page Follows] 4 Sculpture Maintenance Agreement Nilda Milton Revocable Trust City of Miami 3805 NE 6 Avenue 1N WITNESS WHEREOF, the undersigned has set his hand and seal this i J day of earns , 2019. A 11'EST: Date: ' 5 APPROVE REQU -Marie ector, Rik Management NCE CITY OF MIAMI, a municipal corporation of the State of Florida Emi o - Gonzalez, Ph.D., City Manager APROVED AS TO FORM AND C ESS: oria Me 1 dez City Attorney rfPr #1g21Wk NILDA MILT' T%REVOCABLE TRUST By: Print Name: / X) Title: Date: 6/ 2.&/9 5 Exhibit "A" ass_ • %%%% ,II,a . • R City of Miami Legislation Resolution: R-18-0441 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 4910 Final Action Date: 10/11/2018 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT A DONATION IN THE AMOUNT OF FOUR HUNDRED EIGHTY-FIVE THOUSAND DOLLARS ($485,000.00), IN THE FORM OF A SCULPTURE, AS WELL AS ALL COSTS ASSOCIATED WITH THE INSTALLATION OF SAID SCULPTURE ("DONATION"), FROM THE NILDA MILTON REVOCABLE TRUST ("TRUST") PURSUANT TO A DONATION LETTER, ATTACHED AND INCORPORATED AS EXHIBIT "A," FOR THE PURPOSE OF INSTALLING SAID SCULPTURE AT ALBERT PALLOT PARK; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING A MAINTENANCE AGREEMENT, IN A FORM. ACCEPTABLE TO THE CITY ATTORNEY, TO ACCEPT SAID DONATION. SPONSOR(S): Mayor Francis Suarez WHEREAS, the Nilda Milton Revocable Trust ("Trust") has offered to donate a sculpture that has an appraised value of four hundred eighty-five thousand dollars ($485,000.00) ("Sculpture") and has also offered to cover all costs associated with installing the Sculpture ("Installation Costs") as detailed in a donation letter, attached and incorporated as Exhibit "A" ("Donation Letter"), for the purpose of installing the Sculpture at Albert Pallot Park located at 3805 Northeast 6 Avenue, Miami, Florida ("Park); and WHEREAS, the Trust is donating the Sculpture, a description of which is attached and incorporated as Exhibit "B," and any and all Installation Costs (collectively, "Donation") in remembrance of the late Jose Milton; and WHEREAS, the Trust will enter into a maintenance agreement, in a form acceptable to the. City Attorney, with the City of Miami ("City"), in which the Trust will agree to take all responsibility for the maintenance of the Sculpture; 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 adopted by reference and incorporated as if fully set forth in this. Section. Section 2. The City Manager is authorized' to accept the Donation from the Trust as detailed in the Donation Letter, attached and incorporated as Exhibit "A," for the purpose of installing the Sculpture at the Park. City of Miami Page 1 of 2 File ID: 4910 (Revision: A) Printed On: 12/2112018 File ID: 4910 Enactment Number: R-18-0441 Section3. The City Manager is authorized' to negotiate and execute any and all necessary documents, including a maintenance agreement, in a form acceptable to the City Attorney, to accept said Donation. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: 1 The herein authorization is further subject to compliance with all requirements that may be imposedby the City Attorney, including but not limited to, those prescribed by applicable City Charter and City Code provisions. 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. City of Miami Page 2 of 2 File ID: 4910 (Revision: A) Printed on: 12/21/2018 ming I'll4. EXHIBIT "C" WARRANT FINAL DECISION To: Miami Bay Trust, LLC C/o Iris Esc.arra, Esq. 333 SE 2 Avenue Miami, ,FL 33131 File No. 2018-0046 From::Francisco J. Garcia, Director Planning Department PLEASE TAKE NOTICE THAT A FINAL DECISION HAS BEEN REACHED ON THE FOLLOWING MATTER: Title: City of Miami, Albert Paliot Park Address: 3805-3815 Northeast 8t Avenue Final Decision: 0 Approval El Approval with condition ❑ Denial Prepared by: Efren Nunez, efrennunez©miamigov.com FINDINGS AND CONDITIONS The subject proposal has been reviewed for a Warrant pursuant to Article 4, Table 3, of the. Miami 21 Code, as adopted, the Zoning Ordinance of the City :of Miami, Florida. This Section states explicitly that a Warrant :shall be required for Community Facility; in the case a museum. Pursuant to Article 7, Section 7.1,3,4 of the above -cited Zoning Ordinance, the Planning Department has made referrals to the following: • Office of Zoning • Upper Eastside NET Office, Neighborhood Enhancement Team • Urban Design Division • Art in Pubic Places Division • Environmental Resources Division • Office of Historic Preservation • Parks and Recreation Department Their Comments and recommendations have been duly considered and are reflected In this final decision. In reviewing this application, pursuant to. Article 7, Section 7.1.2.4 (d) of the Zoning Ordinance, the following findings have been made: File No. 20113-0007 BACKGROUND On December 18, 2017 pursuant to resolution 16-0553,, Miami Bay Trust LLC (the Applicant) entered into a Public Benefits Agreement with the City of Miami attached hereto as exhibit A entitled "Public Benefits Agreement and Resolution R-16-0553". As part of the Public Benefits Program described in Article 3, Section 3.14 of Miami 21 Code, the Zoning Ordinance. of the City of Miami, Florida, as amended, the Applicant committed to making public benefit improvements to Pallot Park in a minimum amount of two million five hundred thousand dollars ($2,500,000.00), in exchange for future bonus building height and floor lot ratio. On July 25, 2018 the applicant submitted plans for onsite improvements to Pallot Park via a Warrant application which is the subject of this request. FINDINGS • Applicant proposes to enhance an existing 3.6 acre park known as Pallot Park located Within a "CS" Civic Space Transact Zone as part of its Public Benefits Agreement. • The revised plan will incorporate a playground, meandering- path, Landscaping, lighting, benches and Public Art. • Staff finds that the proposed improvements will enhance the existing park and will provide additional recreational activities to the public. • Planning staff met with the applicant on several occasions to discuss comments generated from a preliminary review. Comments have been addressed at the time of the Warrant submittal. • The applicant mailed out the certified Warrant Permit Notification Letter on 07.20.2018. • Pursuant to Article 7, Section 7.1.2.4 (d) of the Miami 21 Code, the City of Miami Zoning Ordinance, and the application has been reviewed and found sufficient. Based on the above findings and the considered advice of the officers and agencies consulted on this matter and pursuant to Article 7, Section 7.1.1.2 of the Zoning Ordinance, the subject proposal is hereby approved with conditions subject to the plans submitted by the applicant and on file with the Planning Department as well as the following conditions: CONDITIONS 1. The proposed park shall be developed substantially in accordance with the plan set entitled "Albert Pallot Park", as prepared by Axloma3 I Architects dated stamped approved by the City of Miami Planning Department on July 31, 2018. 2 File No. 2018.0007 2. The Applicant :or successor shall comply .with all applicable requirements of Chapter 24, Environmental Protection, of the Miami -Dade Code. 3. As part of the City of. Miami, buildingpermit submittal process this project shall comply with the requirements of all applicable departments and agencies. 4. The proposed Public Art sculpture as identified in the plan set shall be reviewed and 'approved in accordance with Article 11 entitled "Art in Public Places" of the Miami 21 Code as amended. NOTICE The final decision of the Director may be appealed to the. Planning, toning, and Appeals Board by any aggrieved party, within fifteen (14 days of the date of Issuance by :filing a written appeal and appropriate fee with the Office of Hearing -Boards, located at 444 SW 2nd Ave., 3rd Floor, Miami, FL 33130. Telephone. number (305) 416.2030 Signature Fran • J . Garcia, Director Plan Department 3 • Sculpture Maintenance Agreement Nilda Milton Revocable Trust City of Miami 3805 NE 6 Avenue Exhibit "D" INSURANCE REQUIREMENTS FOR A CERTIFICATE OF INSURANCE - SCULPTURE MAINTENANCE AGREEMENT NMRT L Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $1,000,000 General Aggregate Limit $ 2,000,000 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 Primary Insurance Clause Endorsement IL 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 $ 300,000 B. Endorsements Required City of Miami listed as an additional insured III. Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of subrogation Employer's Liability A. Limits of Liability $1,000,000 for bodily injury caused by an accident, each accident. • • Sculpture Maintenance Agreement Nilda Milton Revocable Trust City of Miami 3805 NE 6 Avenue $1,000,000 for bodily injury caused by disease, each employee $1,000,000 for bodily injury caused by disease, policy limit 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. • INTERGEN ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 08/16/2019 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER .. _ USI Insurance Services, LLC/CL 201 Alhambra Circle, Suite 1401 Coral Gables, FL 33134-5108 305 669-6000 CONTACT NAME: PHONE 305 669-6000 FAX ( E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A Mt: Hawley Insurance Company 37974 INSURED International General Contractors, Inc Nilda Milton Revocable Trust 3211 Ponce De Leon Blvd Ste 301 Coral Gables, FL 33134-7274 .. .. INSURER B : Travelers Casualty Ins Co of America 19046 INSURER C : QBE Insurance Corporation 32917 INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. "NOTWITHSTANDING ANY REQUIREMENT; TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE .ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY MGL0186654 ��4/ 01/20/2019 / �: /% .,/ '� 01/3Q/2020 // /^ EACH OCCURRENCE $1,000,000 PREMISESO(Eaoccurrence) $50,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $1,000 X BI/PD Ded:2,500 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE X LIMIT APPLIES PRO - JECT PER: LOC PRODUCTS - COMP/OP AGG $2,000,000 B AUTOMOBILE X X LIABILITY ANY AUTO OWNED _AUTOS X SCHEDULED NON .AUTOS-OWNEONLY D 005N679841 O O� ' Iql, �� l 6/2019 04/26/2020 (Eaa accoden SINGLE LIMIT $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ A X UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE MXL0421919 01/20/2019 01/20/2020 EACH OCCURRENCE $5,000,000 $5,000,000 AGGREGATE $ DED RETENTION $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N / A QWC3001087 06/25/2019 06/25/2020 X STATUTE OTH- ER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 • DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more, space is required) Re: 3805 NE 6th Avenue, Miami, FL - Pallot Park Certificate holder is listed as additional insured with respects to the General Liability. This insurance is primary and non-contributory. 30 days -notice in the event of cancellation CERTIFICATE HOLDER CANCELLATION City of Miami 444 SW 2nd Avenue 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) 1 of 1 #S26375400/M25974144 © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AAGEV This page has been left blank intentionally.