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HomeMy WebLinkAbout24829AGREEMENT INFORMATION AGREEMENT NUMBER 24829 NAME/TYPE OF AGREEMENT UNITED STATES SAILING CENTER, INC. DESCRIPTION AMENEMENT TO ACCESS, INDEMNIFICATION & HOLD HARMLESS AGREEMENT/AMENDING THE SCOPE OF WORK/FILE I D : 12245/R-22-0243/MATTER I D : 23-2368 EFFECTIVE DATE February 29, 2024 ATTESTED BY TODD B. HANNON ATTESTED DATE 2/29/2024 DATE RECEIVED FROM ISSUING DEPT. 3/1/2024 NOTE DOCUSIGN AGREEMENT BY EMAIL AMENDMENT TO ACCESS, INDEMNIFICATION AND HOLD HARMLESS AGREEMENT This Amendment to Access, Indemnification and Hold Harmless Agreement (this "Amendment") is effective as of the 29.00 of February 2024 and entered into by and between the City of Miami, a municipal corporation of the State of Florida ("City") and United States Sailing Center, Inc., a Florida not -for -profit corporation ("USSC"). RECITALS: WHEREAS, City and USSC entered into a lease agreement dated March 5, 2019 to provide for training for competitive sailors, operation of a sailing center, and such other usual functions incidental to such sailing programs at the Olympic Training Site at 2476 South Bayshore Drive, Florida 33133; and WHEREAS, City and USSC entered into that certain Access, Indemnification and Hold Harmless Agreement (the "Agreement") on September 1, 2022 to provide for 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, City and USSC desire to enter into this Amendment for the purpose of updating and amending the existing Scope of Work, subject to the terms and conditions set forth herein. NOW THEREFORE, in consideration for the covenants and conditions of this Amendment and for other good and valuable consideration, the receipt and sufficiency of which are hereby conclusively acknowledged, USSC and City agree as follows: The foregoing recitals are true and correct and are incorporated herein as if repeated at length. 1. All undefined capitalized terms used herein shall have the same meanings as defined in the Agreement. 2. The Agreement is hereby amended to grant USSC temporary access rights (a) to expand the floating dock approximately twenty (20) feet to the east and subsequently thirty (30) feet to the north and (b) to dredge the submerged lands between the expanded dock and the existing wood floating dock to the east, as indicated in the supplemental exhibits described hereinbelow. These temporary access rights remain subject to the USSC's compliance with all terms of Agreement as they may apply to the expansion of the floating dock and the dredging of the submerged lands, including but not limited to the written notice requirements set forth in the Agreement. 3. Notwithstanding the insurance provisions described in Exhibit "G" of the Agreement, the USSC hereby warrants that it will self -insure the floating dock/s described herein and will be solely and completely responsible for the repair, maintenance, and replacement of the floating dock to its original condition, should it suffer any kind of damage whatsoever. This provision is limited to the floating dock/s and shall not be construed to modify or displace any insurance requirements set forth in the Agreement. 4. The Agreement is hereby amended to update and add supplemental exhibits to the existing Scope of Work and Property Diagrams of the Agreement, as depicted and described in supplemental Exhibits, `B-1" and "C-1", attached hereto and made a part hereof. 5. All other provisions of the Agreement shall remain unchanged and in full force and effect. City and USSC do hereby ratify and confirm the Agreement, as modified herein. This Amendment may be signed in counterparts, each of which shall be deemed an original, all of which together shall constitute one complete agreement. 1 6. If any of the provisions of this Amendment conflict with the Agreement, then this Amendment shall control. 7. This Amendment shall not be effective until it is executed by, and delivered to, both City and USSC. 8. City and USSC each warrant to the other that the person or persons executing this Amendment on its behalf has or have authority to do so and that such execution has fully obligated and bound such party to all terms and provisions of this Amendment. IN WITNESS WHEREOF, the parties have caused this Amendment to be executed as of the day and year first above written. Signed, sealed and deliveredEl gcEyl9gpd by: ATTEST: DocuSigned by: Fafin75RnnrFlaq Todd B. Hannon City Clerk Date:February 29, 2024 I 19:02:04 EST APPROVED AS T FO� ; (,Ai D CORRECTNESS: F'I-CEr9BkF6FE645-7 Victoria Mendez, City Attorney Matter No. 23-2368 — JMB rDS By: p—DocuSigned by: tun 6 (utt to '-55 49B4 F 54B0. Print Name: A3nn- arse Sharpe Title: Risk Management Director City of Miami, a municipal corporation of the State of Florida DocuSigned by: L grliktAr ives&ox By: 850CF6C372DD42A... Arthur Norriega V, City Manager February 29, 2024 1 17:43:39 EST Date: United States Sailing Center, Inc., a Florida not -for -profit c WgQd by: eat V bW By. Pey47v5aFi.. Print Name: Pat Do Title: Executive Di rector 2 EXHIBIT B-1 U.S. SAILING CENTER MAINTENANCE DREDGING PROJECT 2476 S. BAYSHORE DRIVE MIAMI, FLORIDA 33133 GULF OF MEXICO ATLANTIC OCEAN KNOW WHAT'S BELOW ALWAYS CALL 811 BEFORE YOU DIG It's fast. It's free. It's the law. www.callsunshine.com Ito NORTHEA COCONUT G c `P ,e Q' : Sti T, PROJECT LOCATION CUMMINS CEDERBERG Coastal & Marine Engineering 201 ALHAMBRA CIRCLE SUITE 601 CORAL GABLES, FLORIDA 33134 TEL:+1 305-741-6155 FAX: 305-974-1969 VVVVVV.CU M M I NSCEDERBERG. CO M SPAS;E NtStRVES FOR CITY OF MIAMI APPROVALLSTAMP INDEX OF DRAWINGS SHEET TITLE COVER CM-1.0 GENERAL NOTES CM-1.1 DEMOLITION PLAN CM-2.0 PROPOSED LAYOUT PLAN CM-3.0 PROPOSED DREDGE PLAN CM-3.1 DREDGE CROSS SECTIONS CM-3.2 DREDGE CROSS SECTIONS CM-3.3 DREDGE CROSS SECTIONS CM-3.4 DREDGE CROSS SECTIONS ABBREVIATIONS Aa AMERICAN CONCRETE INSTITUTE ASTM AMERICAN SOCIETY FOR TESTING AND MATERIALS CONT CONTINUOUS CONT'D CONTINUED FDEP FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FDOT FLORIDA DEPARTMENT OF TRANSPORTATION KS KIPS PER SQUARE INCH MHW MEAN HIGH WATER MIN MINIMUM MLW MEAN LOW WATER NAVE NORTH AMERICAN VERTICAL DATUM NGVD NATIONAL GEODETIC VERTICAL DATUM PERA PERMITTING, ENVIRONMENT, AND REGULATORY AFFAIRS P9 POUNDS PER SQUARE INCH TYP TYPICAL USACE UNITED STATES ARMY CORPS OF ENGINEERS WIC WATER/CEMENT RATIO CANAL BASIN MAINTENANCE DREDGING BEING PROCESSED UNDER CLI-2021-0198. EXISTING SEAWALL, FENDERS, CLEATS, AND TRAVEL LIFT TO REMAIN LEGEND: QUANTITIES TABLE TOTAL DOCK AREA (4 SEGMENTS) TO BE REMOVED QUANTITY 530.53 AREA CALCULATED FROM MIAMI -DADE COUNTY DERM MEASUREMENTS COLLECTED DURING SITE VISIT DATED 10/25/2021 EXISTING}4AMP • TO REMAIN EXISTING RAMP • b` TO BE RELOCATED EXISTING SEAWALL,TO REMAIN fr. f EXISTING RIP RAP AND CEMENT BAGS ALO SHQR TO REMAIN JET PROBE - SEDIMENT THICKNESS (FEET) WATER DEPTH (FEET, NOAA MLW) r EXISTING 55.2 SF WHITE MANGROVE ! (DOCUMENTED BY DERM ON 10/25/21) TO BE REMOVED - SEE PHOTO 5.0 ,5.0* 50 `5.5 6.2 5.5 5.2 5.8 6.0 5.0 5.0 o 0 5.0 5.0 0 6.2 5.0 5.0 0 5.0 5.0 5.0 0 20 40 RAPHIC SCALE IN FT EXISTING DOCK / TO REMAIN EXISTINLOATING DOCK& PILES TO BE REMOVED EXISTING RIP RAP AND CEMENT BAGS ALONG SHORELINE TO REMAIN BISCAYNE BAY NOTE: 1. AERIAL PHOTOGRAPHY FROM ESRI WORLD IMAGERY SERVICE DATED: 01-23-2021. 2. THIS SITE PLAN IS NOT REPRESENTATIVE OF EXISTING OR PROPOSED CONDITIONS AND IS INTENDED SOLELY IDENTIFY THE LOCATION WHERE THE WORK WILL OCCUR. 3. BOUNDARY AND BATHYMETRIC SURVEY CONDUCTED BYECS, BATHYMETRY DATED MARCH 31, 2020. 4. JET PROBES PERFORMED ON DEC. 2, 2020. PROJECT • MIAMI, FLORIDA 33133 CLIENT U.S. SAILING CENTER MIAMI, FLORIDA 33133 MARINE ENGINEER CUMMINS CEDERBERG, INC. CORAL GABLES, FLORIDA 33134 CUMMINS CEDERBERG SEAL DRAWN CHECKED SCALE SHEET TITLE GK . AS SHOWN DEMOLITION PLAN IHEET3OF9 F-1.1 PROPOSED 12-6"WX6'LPILE CAP AGAINST SEAWALL PROPOSED 12" DIA. STEEL PILES W/ HDPE SLEEVES EXISTING RAMP - TO REMAIN` EXISTING RAMP TO BE , RELOCATED WITH A ,•s °' HINGE CONNECTION ° +, EXISTING RIPRAP -. ALONG SHORELINE TO REMAIN —__ —�, y - r ry'J EXISTING ARMOR MAT TO BE '' . ;f z., 0. .n r� M L ^q� � ,... j1} ,j% „I:e L\ \ w/� PROPOSED 5'-0"W X 20'L \ 1 GANGWAY W/GRATED, " DECKING • ^2q ' '. M1 �; EXISTING RIPR ALONG SHORELINE PTO REMAIN •-• .o CUT AS REQ'D. TO INSTALL EXISTING Pao 1.. - PROPOSED PILES, TYP ••' SEAWALL ° TO REMAIN `0' PROPOSED FLOATING DOCK W/ GRATED DECKING, TY •\ \ : 11 • VESSEL SLIP #, TYP. ..10:` 9 /,41 EXISTING DOCK -- TURBIDITY CURTAIN TO —, °~ �l ' aBE PLACED DURING ALL. DREDGE ACTIVITIES 4 �ti ,41 +' PROPOSED 6'-10" X 6'-` 1 GANGWAY SUPPORi ONTOON W/ GRATED DE.Q.KING un multi& Ebouuks o Ps ! F AF#1" APPkcVM L 82/Ash0leyy Dominguez2� 7/2 10 20 GRAPHIC SCALE IN FT BISCAYNE BAY QUANTITY TABLE ITEM 12" DIA. STEEL PILES NEW OVERWATER FLOATING DOCK FOOTPRINT UNIT SLIP TABLE SLIP NUMBER 1,2,3,4,5,9,10,11 6, 7, 8 EA. SF. AMOUNT 12 1003 DIMENSIONS 20'X8' 18'X8' NOTE: AERIAL PHOTOGRAPHY FROM ESRI WORLD IMAGERY SERVICE DATED: 01-23-2021. 2. PROPOSED GRATED DECKING TO PROVIDE MINIMUM 43% LIGHT TRANSMITTANCE. Pr.toa a1 NEST U.S. SAILING CENTER MARINE ENGINEER CUMMINS CEDBERG INC. 201 ALHAMBRA CIRCLE SUITE 601 CORAL GABLES, FLORIDA 33134 TEL +1 305 ,1-6155 FAX +1 305-9,1969 WNW CUMMINS CEDERBERG SEAL • Jason 5=41,, w=vo, Taylor °:� z=z :PROJECT NO DRAWN HECKED 81501 SCALE AS SHO N s PROPOSED LAYOUT PLAN SHEET 4 OF 9 CM-2.0 DREDGE QUANTITIES ITEM MAINTENANCE DREDGE TO -5.0' MLW (-6.98' NGVD) NEW DREDGE TO -6.0' MLW (-7.98' NGVD) TOTAL DREDGE E 909558.0 N 509179.4 O AREA (SF) 3,487 61,985 8,472 VOLUME (CY) 29 DREDGING TO COMMENCE MIN. 1' WATERWARD OF EXISTING RIPRAP o MAX. WATERWARb DREDGE DISTANCE FROM WETFACE • •ti OF SEAWALL = 39'-2" MIN. WATERWARD DREDGE k f DISTANCE FROM WETFACE +- •• OF SEAWALL = 2'-0" RELOCATED RAMP.—kou E 909613.6 N 509160.7 E 909632.0 N 509154.8 - EXISTING MANGROVES SHALL REMAIN AND NOT TO BE IMPACTED BY THE PROPOSED DREDGING E 909742.2 -: N 509202.9' E 909700.3 N 509182.3 PROPOSED 25'X75' BARGE APPROX. LOCATION DURING CONSTRUCTION: INSIDE TURBIDITY CURTAIN AND ALONG BULKHEAD. BARGE WILL BE MOORED IN SAME LOCATION OUTSIDE OF WORKING HOURS. 10' BUFFER SHALL BE MAINTAINED BETWEEN THE WATERWARD EXTENT OF DREDGE FOOTPRINT '1- AND DOCKING STRUCTURES ASSOCIATED WITH OPPOSING WATERFRONT PROPERTY (CORAL REEF YACHT CLUB) 15 30 GRAPHIC SCALE IN FT E 909845.9 N 509263.5 E 909788.5 N 509221.7 E 909779.6 N 509223.7 BISCAYNE BAY TURBIDITY CURTAIN TO BE PLACED DURING ALL DREDGE ACTIVITIES LEGEND: A, MAINTENA(VY wdrnAUTHORIZED)NCE DREDGE PREIOUSLAREA NEW (NOT PREVIOUSLY AUTHORIZED) DREDGE AREA NOTES: 1. AERIAL PHOTOGRAPHY FROM ESRI WORLD IMAGERY SERVICE DATED: 01-23-2021. 2. SF LIMESTON ESROCK LAYERAJO bOT OCCUR.G 3. EXACT BARGE STAGING LOCATION TO BE DETERMINED BY SELECTED CONTRACOTR. PROJECT J'S:o -P4 .I YAILJ LIENT U.S. SAILING CENTER MARINE ENGINEER CUMMINS CEDERBERG, INC. CORA_ GABLES, FLORIDA 33134 CUMMINS CEDERBERG SEAL PROJECT NO 31501 DRAWN GK CHECKED JT/RD SCALE AS SHOWN SHEET TITLE DREDGING PLAN HEFT 5 OF9` F-3.0 EXHIBIT C-1 Scope of Work and Schedule The dredging and dock maintenance/repair work will be completed in two phases. Phase 1: COMPLETED • 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 • Dredging timeline - approximately 4-5 weeks • Dock installation - approximately 4 weeks EXHIBIT D-1 Corporate Resolution [on following page] U.S. SAILING CENTER MIAMI United States Sailing Center, Inc. February 5, 2024 Board of Directors Resolution to authorize amendment to the 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 February 5, 2024, at which a quorum was present, the Executive Committee of the United States Sailing Center voted in the affirmative to authorize the City of Miami provided Amendment to Access, Indemnification and Hold Harmless Agreement. This Amendment supplements the previously authorized access agreement voted and affirmed on Aug 22, 2022. This access, indemnification, and hold harmless agreement with the City of Miami relates 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 execute the Amendment to the Access, Indemnification, and Hold Harmless Agreement 1784686 as presented by the City of Miami, and agreed to by both parties. This resolution further authorizes the Executive Committee to authorize any and all documents, including amendments, renewals, extensions, and modifications to the aforementioned Access Agreement. Vote: 1. Luis Prieto y Munoz — President — affirmative 2. Chris Lanza — Vice President — affirmative 3. Scott Giering — Treasurer — affirmative 4. Sharon Bivans — Secretary - affirmative Executive Director Pat Downey 2/5/2024 Stale of County of,N" On this = day of before me pie °naleppParer -� to rr e known to be the person who exe foregoing instrument, and`ac owledged xecuted the s4mv.a is -act an r71 Notary Pubile Male of Florida Stan*y Mean My Carsxraiaaion i114 944333 irua 99J2 ?O24 U.S. OLYMPIC TRAINING FACILITY 2476 South Bayshore Drive, Miami, FL 33133 • Phone: (305) 854-1058 / E-mail: ussemiami@bellsoulh.net / Eacebook - U.S. Sailing Center Miami U N ITSTA-01 MFISK , ,d►coRO CERTIFICATE OF LIABILITY INSURANCE �� DATE (MM/DD/YYYY) 1/24/2024 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 FAX (A/c, No, Ext): (786) 628-1324 1(A/C, No):(305) 279-4045 aooAalEss: 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 WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY X 3581-05-38 ECE 2/6/2024 2/6/2025 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR DAMAGE TO RENTED 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 PRO - JT PER: LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ LIQUOR LIB AGG $ 1,000,000 A AUTOMOBILE X LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY X SCHEDULED AUTOS NON -OWNED AUTOS ONLY 3581-05-38 ECE 2/6/2024 2/6/2025 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 2/6/2024 2/6/2025 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ DED RETENTION$ Advertising Inj $ 1,000,000 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 71721541 2/6/2024 2/6/2025 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 General Liability General Liability X X 7319205 7319205 2/6/2024 2/6/2024 2/6/2025 2/6/2025 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 mo e 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 R RREPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ACOR11:, EVIDENCE OF PROPERTY INSURANCE MFISK DATE (MM/DD/YYYY) 1/24/2024 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(A/C, No, Ext): (305) 279-5446 International Insurance Center Inc 7990 SW 117 Ave Suite 209 Miami, FL 33183 FAx 305 279-4045 CODE: ADDRESS info Ilc.cc SUB CODE: AGENCY CUSTOMER ID #: UNITSTA-01 COMPANY Windstorm Coverage only Lloyds of London INSURED United States Sailing Center, Inc 2476 South Bayshore Drive Miami, FL 33133 LOAN NUMBER POLICY NUMBER 350 M I101088 EFFECTIVE DATE 9/7/2023 EXPIRATION DATE 9/7/2024 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 Expense $140,000 Windstorm deductible 5.0000% 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 ACOR11:, EVIDENCE OF PROPERTY INSURANCE MFISK DATE (MM/DD/YYYY) 2/11/2024 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: ADDRESS info Ilc.cc SUB CODE: AGENCY CUSTOMER ID #: UNITSTA-01 COMPANY Nautilus Insurance Company INSURED United States Sailing Center, Inc 2476 South Bayshore Drive Miami, FL 33133 LOAN NUMBER POLICY NUMBER NN1650835 EFFECTIVE DATE 2/11/2024 EXPIRATION DATE 2/11/2025 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, Special $818,805 2,500 Business Personal Property, Special $30,000 2,500 Business Income with Extra Expens $140,000 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 City of Miami Resolution R-22-0243 Legislation 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 City of Miami Page 1 of 3 File ID: 12245 (Revision:) Printed On: 9/1/2022 File ID: 12245 Enactment Number: R-22-0243 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 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. City of Miami Page 2 of 3 File ID: 12245 (Revision:) Printed on: 9/1/2022 File ID: 12245 Enactment Number: R-22-0243 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 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: nde zCiity ttor cy 7/5/2022 1 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. 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 3 of 3 File ID: 12245 (Revision:) Printed on: 9/1/2022 CITY OF MIAMI DOCUMENT ROUTING FORM ORIGINATING DEPARTMENT: Department Real Estate and Asset Management (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: $0.00 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): Amendment to Access, Indemnification and Hold Ha 'less Agreement for the purpose of updating and amending the existing Scope of Work, subject to the WI is and conditions set forth in the Amendment. 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 DIRECTOR February 22, 2024 I 10:40:24 EST PRINT: Andrew SIGNATURE: _bocusigned by: /Ure,, Frei 9ABB7-6E9CF7E4C8... SUBMITTED TO RISK MJ rNAOEMENT 16, February 22, 2024 I 10:51:35 EST PRINT: Ann-Mar'7.Sl SIGNATURE: VOigned by: t . I tL \ Ssa a� ncss... February 22, 2024 Assigned ACA: James Brako` I 14:10: 45 EST I 15:25:29 EST PRINT: Victoria SIGNATURE: Menvuoc / ocuSigned by: I 0�'1°-"��'-• �F SUBMITTED TO CITY ATTORNEY MatterlD#:23-2368 February 22, 2024 APPROVAL BY ASSISTANT CITY MANAGER February 29, 2024 I 15:48:53 ES— PRINT: Larry M. Spring SIGNATURE: PRINT: Arthur Nor><eg2B97E54o4 SIGNATURE: 1 EF90AFB-PE0457... ,—DocuSigned by: l�"rA V 0� �p . c—DocuSigned by: Q Noritla •—abuUrbwizuu42A_ RECEIVED BY CITY MANAGER February 29, 2024 I 17:43:39 EST ATTESTED BY THE CITY CLERK February 29, 2024 1 19:02:04 EST PRINT: Todd B. Hannon SIGNATURE: DocuSigned by: PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER Olivera, Rosemary From: Lila, Sandy Sent: Friday, March 1, 2024 9:58 AM To: Lee, Denise; Olivera, Rosemary; Ewan, Nicole; Hannon, Todd Cc: Brako, James; Garcia, Aida; Palacios, Jacqueline; Frey, Andrew; Blue, Sabrina; Pivovarov, David; Bustamante, Aldo Subject: Matter No. 23-2368 - United States Sailing Center, Inc. - Amendment Attachments: Complete_with_DocuSign_Amendment to Access, Indemnification and Hold Harmless Agreement 2-29-24.pdf Good morning, Please find attached a fully executed copy of an amendment from DocuSign that is to be considered an original agreement for your records. Kind regards, Sandy Lila Lease Manager Department of Real Estate and Asset Management "DREAM" 444 SW 2 Avenue, 3rd Floor Miami, Florida 33130 slila@miamigov.com 0: (305)416-1461 1