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HomeMy WebLinkAbout23177AGREEMENT INFORMATION AGREEMENT NUMBER 23177 NAME/TYPE OF AGREEMENT ANASTASIA KOCHETKOVA DESCRIPTION USE AGREEMENT/MANUEL ARTIME PERFORMING ARTS CENTER/RECITAL/MATTER ID: 18-2309 EFFECTIVE DATE ATTESTED BY TODD B. HANNON ATTESTED DATE 9/4/2018 DATE RECEIVED FROM ISSUING DEPT. 7/21/2020 NOTE CITY OF MIAMI DOCUMENT ROUTING FORM ORIGINATING DEPARTMENT: DREAM aim 4-1 Li DEPT. CONTACT PERSON: YUNIOR SANTANA EXT. (305) 960-4686 NAME OF OTHER CONTRACTUAL PARTY/ENTITY: Anastasia Kochetkova IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? 0 YES ® NO TOTAL CONTRACT AMOUNT: $ FUNDING INVOLVED? 0 YES ® NO TYPE OF AGREEMENT: 0 MANAGEMENT AGREEMENT O PROFESSIONAL SERVICES AGREEMENT ❑ GRANT AGREEMENT 0 EXPERT CONSULTANT AGREEMENT 0 LICENSE AGREEMENT OTHER: (PLEASE SPECIFY) USER AGREEMENT ❑ PUBLIC WORKS AGREEMENT El MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT O LEASE AGREEMENT 0 PURCHASE OR SALE AGREEMENT PURPOSE OF ITEM (BRIEF SUMMARY): Recital Event - August 23, 2018 COMMISSION APPROVAL DATE: / / FILE ID: ENACTMENT NO.: IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: Use Agreement prepared by Law Department according to Ordinance # 11881 ROUTING INFORMATIGN_: ;: °Y ; Date PLE, SE PRINT ' D SIG , APPROVAL BY DEPARTMENTAL DIRECTOR I 11 D PRINT: aZ) - A l SIGNATURE: • / / SUBMITTED TO RISK MANAGEMENT r (fr lf PRINT: J- SIGNATURE: SUBMITTED TO CITY ATTORNEY / g- Z 09 474(5( PRINT: ' G '- I SIGNATURE: c`c -4- APPROVAL BY ASSISTANT CITY MANAGER 1 €- li PRINT. ' `te4 ` SIGNATURE: } APPROVAL BY DEPUTY CITY MANAGER 8-£ t )/ rC3 PRINT: c: (-.� A f SIGNATURE: / - 'L RECEIVED BY CITY MANAGER PRINT: SIGNATURE: PRINT: SIGNATURE: PRINT: SIGNATURE: PRINT: SIGNATURE: 1) ONE ORIGINAL TOCITY.,CLERK; 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 CITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Yunior Santana, Auditorium Manager Department of Real Estate & Asset Management - COM FROM: Daniel Diaz, Assistant City Attorney DATE: August 21, 2018 RE: Anastasia Kochetkova - Use Agreement Matter ID No.: 18-2309 Enclosed please find the captioned agreement which has been approved by the City Attorney as to form and correctness. Once this agreement has been fully executed please file one original agreement with the City Clerk as the official record, please keep one original agreement as your Department record, and please e-mail a copy of the fully executed agreement to my assistant at DDiaz@miamigov.com. We will be closing our file on this matter unless additional services are requested. If you have further questions, please feel free to contact me at 305-416-1800. Enclosure(s) WHEN RETURNING THIS CONTRACT TO THIS OFFICE FOR FURTHER REVIEW, PLEASE IDENTIFY AS 18-2309 Doc. No.: 1024970 CITY OF MIAMI DOCUMENT ROUTING FORM ORIGINATING DEPARTMENT: DREAM DEPT. CONTACT PERSON: YUNIOR SANTANA EXT. (305) 960-4686 A661 NAME OF OTHER CONTRACTUAL PARTY/ENTITY: Anastasia Kochetkova, an individual over the age of 21.years of age, whose address is 15901 Collins Avenue, Sunny Isles Beach, FL 33130 IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? ❑ YES ® NO TOTAL CONTRACT AMOUNT: $ FUNDING INVOLVED? ❑ YES ® NO TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT ❑ PROFESSIONAL SERVICES AGREEMENT ❑ GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ LICENSE AGREEMENT OTHER: (PLEASE SPECIFY) USER AGREEMENT ❑ PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT PURPOSE OF ITEM (BRIEF SUMMARY): Filming — August 23, 2018 COMMISSION APPROVAL DATE: / / FILE ID: ENACTMENT NO.: IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: Use Agreement prepared by Law Department according to Ordinance # 11881 ;x; ; .: : ROUTING.;INFORMATION' :e= {.., ::,.,; ; ` Date PLEASE PRINT AND SIGN APPROVAL BY DEPARTMENTAL DIRECTOR DI 23 JO6 PRINT: / L(i)O &7 SIGNATURE: SUBMITTED TO RISK MANAGEMENT (fij/jg'SIGNATLP� PRINT: U SUBMITTED TO CITY ATTORNEY /5.I Z .7 Ili P • 7-- SIGNAT APPROVAL BY ASSISTANT CITY MANAGER I 1 1 ' )�, ( RiN 1: 1,_,:ecyeirs-itf SIGNATURE: APPROVAL BY DEPUTY CITY MANAGER /6/2//// PRINT: mg - SIGNATURE: RECEIVED BY CITY MANAGER PRINT: SIGNATURE: 1) ONE ORIGINAL TOCITY CLERK; PRINT: • SIGNATURE: PRINT: SIGNATURE: PRINT: SIGNATURE: 2) ONE COPY TO. CITY ATTORNEY'S OFFICE,; 3) REMAININGORIGINAL(S),TO ORIGINATING DEPARTMENT PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER (.5O UUj) City of Miami Office of the City Attorney Legal Services Request To: Office of the City Attorney Date: 08/23/2018 From: Yunior Santana Contact Person Theater Manager Title ', Dept. of Real Estate & Asset Management Requesting Client 305-960-4686 Telephone Legal Service Requested: Please assign an Assistant City Attorney to review the Location Agreement and release, requested by "The New York Film Academy" and the student (Film Director) Anastasia Kochetkova for the rights of photographs, films, and other recordings of the premises taken by the Director hereunder in connection with motion picture and television photoplays. Please advise if the agreement could be sign and by whom. Complete form and forward to the Office of the City Attorney or e-mail to Legal Services. Do not assume 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 all pertinent information relating to the subject. Once your request has been assigned, thy�- lower half of this form will be completed by the Office of the City Atto fyyaand returned to you. X Supplemental page attached. Authorized by: Aldo Bustamante�/, Date response requested by: 08/29/2018 BELOW PORTION TO BE COMPLETED BY THE OFFICE OF THE CITY ATTORNEY Assigned Attorney: Date: File No. Approved by: Comments: Ultimate Client: D / R Date: Type: Matrix: Category: Copy returned to Requesting Client n Copy to Ultimate Client rev. 05/13/05 �0 A CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) 08/14/2018 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 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 Specialty Advantage Insurance Services 1100 Glendon Ave. Suite 900 Los Angeles, CA 90024 CONTACT TULIP Administrator PHONE FAX (A!C. No. E,�); (800) 507-8414 (A/C, No): aDDRESS: tulip@onebeacon.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Atlantic Specialty Insurance Company 27154 INSURED Anastasia Kochetkova 15901 Collins Avenue Unit 2502 Sunny Isles Beach, FL 33160 INSURER B : INSURER C: INSURER b : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 131336 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 LT TYPE OF INSURANCE INSR SUBR WVD POLICY NUMBER POLICY EFF - (MM/DD/YYYYI POLICY EXP (MMIDD/YYYY) LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY .X GL03759-04 08/23/2018 08/24/2018 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMI ES (Ea occurrence) $ 50,000 CLAIMS -MADE X OCCUR MED e - (Any one person) $ Excluded P=-SONAL 8 ADV INJURY $ 1,000,000 • NERALA nREGATE $ None GEN'L AGGREGATE 7POLICY X LIMIT APPLIES JECOT. PER: LOC PRODU . ' = - COMP/OP AGG $ 1,000,000 $ AUTOMOBILE LIABILITY —1 SCHEDULED AUTOS NON -OWNED AUTOS t ( \ R1C .- rik „i �� C. •INED SINGLE LIMIT -accident) $ -ODILY INJURY (Per person) $ BO INJURY (Per accident) $ OTY DAMAGE (Per accident) $ $ UMBRELLA LIAB EXCESS LIAB _OCCUR CLAIMS -MADE ` 4 EACH OCCURRENCE $ AGGREGATE $ DED I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY . YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑ (Mandatory in NH) If yes, describe under ' DESCRIPTION OF OPERATIONS below N / A INC STATU- OTH- TORY LIMITS ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ A Third Party Property Damage X PF01105-04 08/23/2018 08/24/2018 Limit 1,000,000 Deductible 1,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Late Again Ana 08/23/2018- CERTIFICATE HOLDER CANCELLATION City of Miami 444 SW 2nd Avenue, 9th Floor Miami, FL 33130 MANUEL ARTIME COMMUNITY THEATER 900 SW 1ST ST 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 (2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD TENANT USERS LIABILITY INSURANCE CERTIFICATE BINDER THIS CERTIFICATE/BINDER REPRESENTS A SUMMARY OF THE INSURANCE PROVIDED. INSURANCE PROVIDED IS SUBJECT TO THE TERMS AND CONDITIONS OF THE POLICY. Date: 8/14/2018 1:50 PM Certificate Number: 131336 Broker: Risk Management Associates, Inc. Tenant User: Anastasia Kochetkova Event Title Late Again Ana Type of Event Recitals Daily Attendance 500 Period of Insurance: 08/23/2018 12:01 AM To 08/24/2018 12:01 AM Policy #1 GL03759-04 Insurance Company: Atlantic Specialty Insurance Company Coverage Limits General Agg. None Products Completed Ops $1,000,000 Personal/Adv. Injury $1,000,000 Each Occurance: $1,000,000 Fire Damage: $50,000 Medical Payments: Excluded Policy #2 PF01105-04 Insurance Company: Atlantic Specialty Insurance Company Coverage Limits Deductible Third Party Property Damage: Premium Computation General Liability $101.00 Liquor Liability $0.00 Third Party Property Damage $31.00 Excess Liability $0.00 Total Premium $132.00 Total Fees $0.00 Total Due $132.00 Certificate Holder/Additional Insured $1,000,000 $1,000 City of Miami 444 SW 2nd Avenue, 9th Floor Miami, FL 33130 MANUEL ARTIME COMMUNITY THEATER 900 SW 1ST ST Miami, FL 33130 To obtain a complete copy of the policy with the terms, conditions and exclusions of the policy, you must contact us at: tulip@ebi-ins.com or (800) 507-8414. CITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Yunior Santana, DREAM Department of Real Estate & Asset Management - COM FROM: Daniel Diaz, Assistant City Attorney DATE: August 28, 2018 RE: New York Film Academy - Location Agreement and Release Matter ID No.: 18-2280 Enclosed please find the captioned agreement which has been approved by the City Attorney as to form and correctness. Once this agreement has been fully executed please file one original agreement with the City Clerk as the official record, please keep one original agreement as your Depailiuent record, and please e-mail a copy of the fully executed agreement to my assistant at CMFresquet@miamigov.com. We will be closing our file on this matter unless additional services are requested. If you have further questions, please feel free to contact me at 305-416-1800. Enclosure(s) WHEN RETURNING THIS CONTRACT TO THIS OFFICE FOR FURTHER REVIEW, PLEASE IDENTIFY AS 18-2280 Doc. No.: 1030029 A o® CERTIFICATE OF LIABILITY INSURANCE ATE D08/14/2018 ) 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 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 Specialty Advantage Insurance Services 1100 Glendon Ave. Suite 900 Los Angeles, CA 90024 CONTACT TULIP Administrator PHONE FAX (A/C. No. Ext): (800) 507-8414 (A/c, No): E-MAIL tulip@onebeacon.com ADDRESS: p@ INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Atlantic Specialty Insurance Company 27154 INSURED Anastasia Kochetkova 15901 Collins Avenue Unit 2502 Sunny Isles Beach, FL 33160 INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 131336 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 WO POLICY NUMBER POLICY EFF (MMIDDIYYYY) POLICY EXP (MMIDD/YYYY) LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY X GL03759-04 08/23/2018 08/24/2018 EACH OCCURRENCE $ 1,000,000 DAMAGE PREMISES ( ( ES (Ea RENTED occurrence) $ 50,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $ Excluded PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ None GEN'L AGGREGATE 7 POLICY X LIMIT APPLIES PER: 78: n LOC PRODUCTS - COMP/OP AGG $1,000,000 AUTOMOBILE LIABILITY SCHEDULED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION ANDEMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A WC STATU- TORY LIMITS OTH- FR E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ A Third Party Property Damage X PF01105-04 08/23/2018 08/24/2018 Limit 1,000,000 Deductible 1,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Late Again Ana 08/23/2018 CERTIFICATE HOLDER CANCELLATION City of Miami 444 SW 2nd Avenue, 9th Floor Miami, FL 33130 MANUEL ARTIME COMMUNITY THEATER 900 SW 1ST ST 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 (2010/05) © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD TENANT USERS LIABILITY INSURANCE CERTIFICATE BINDER THIS CERTIFICATE/BINDER REPRESENTS A SUMMARY OF THE INSURANCE PROVIDED. INSURANCE PROVIDED IS SUBJECT TO THE TERMS AND CONDITIONS OF THE POLICY. Date: 8/14/2018 1:50 PM Certificate Number: 131336 Broker: Risk Management Associates, Inc. Tenant User: Anastasia Kochetkova Event Title Late Again Ana Type of Event Recitals Daily Attendance 500 Period of Insurance: 08/23/2018 12:01 AM To 08/24/2018 12:01 AM Policy #1 GL03759-04 Insurance Company: Atlantic Specialty Insurance Company Coverage Limits General Agg. None Products Completed Ops $1,000,000 Personal/Adv. Injury $1,000,000 Each Occurance: $1,000,000 Fire Damage: $50,000 Medical Payments: Excluded Policy #2 PF01105-04 Insurance Company: Atlantic Specialty Insurance,Company Coverage Limits Deductible - Third Party Property Damage: $1,000,000 $1,000 Premium Computation General Liability $101.00 Liquor Liability $0.00 Third Party Property Damage $31.00 Excess Liability $0.00 Total Premium $132.00 Total Fees $0.00 Total Due $132.00 Certificate Holder/Additional Insured City of Miami 444 SW 2nd Avenue, 9th Floor Miami, FL 33130 MANUEL ARTIME COMMUNITY THEATER 900 SW 1ST ST Miami, FL 33130 To obtain a complete copy of the policy with the terms, conditions and exclusions of the policy, you must contact us at: tulip@ebi-ins.com or (800) 507-8414. USE AGREEMENT MANUEL ARTIME PERFORMING ARTS CENTER This Agreement is entered into this day of , 2018, by and between the City of Miami, a municipal corporation of the State of Florida and Anastasia Kochetkova, an individual over the age of 21 years of age, whose address is 15901 Collins Avenue #2502. Sunny Isles Beach, FL 33160 ("User"). RECITALS A. User has requested that the City make available to it the use of the Manuel Artime Performing Arts Center ("Facility"), for the fee specified herein. B. The City owns and operates the Facility and is willing to permit User to use the Facility during the use period subject to the terms and conditions set forth herein. C. The City Commission, by Ordinance 12403, has approved the fees and rates being charged to the User hereunder, and has authorized the execution of this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the City hereby grants to User the right, privilege and permission to enter into and upon Facility for the Permitted Use and during the Use Period, as the terms are hereinafter defined, subject the terms and conditions set forth in this Agreement. 1. TERM: The term of this Agreement shall commence upon full execution hereof and shall terminate upon fulfillment of all the responsibilities and obligations of the parties hereunder. 2. PERMITTED USE: User shall be permitted to enter and occupy certain portions of the Facility for the purposes of presenting a Recital ("Event") as follows: (a) Other Uses: Should User wish to use the Facility at any other times or for any other purposes, then the proposed use and the charges to be paid in connection therewith shall be as customarily charged by the City for similar use of the Facility. (b) Reservation by other users: For purposes of this paragraph, the auditorium or any portion of the Facility shall be deemed to have been reserved by another user if, as of the date hereof, such areas are reserved for use by another user or if the City notifies User of a prior reservation at least fifteen (15) days prior to the date of the reserved event or use. (c) No Interest Conferred: This Agreement confers no exclusivepossession of the Facility. The User cannot exclude the City from the Facility. This Agreement solely authorizes User to the temporary use of the Facility for the limited purposes set forth herein and for no other purpose. The parties hereby agree that the provisions of this Agreement do not constitute a lease. The rights of User hereunder are not those of a tenant, but are a mere personal privilege to do certain acts of a temporary character in the Facility and to use the Facility, subject to the terms of this Agreement. The City retains dominion, possession and control of the Facility. 3. USE PERIOD: The Use Period shall consist of the periods for set-up and dismantle and for presentation of the Event. • The period for presentation of the Event shall commence at 3:OOpm, on the 23 day of August, 2018, and shall terminate at 5:OOpm, on the 23 day of August, 2018. • The period for the rehearsal shall commence at 10:30am, on the 23 day of August, 2018, and shall terminate at 2:30pm, on the 23 day of August, 2018. • Unless otherwise agreed by the Director of the Facility (the "Director"), the set-up period shall commence no earlier than 9:00am, on the 23 day of August, 2018, prior to the Event period, and dismantle shall begin immediately upon the conclusion of the Event terminating no later than 7:00pm, on the 23 day of August, 2018. In consideration of an additional fee, the Director may allow User a longer period for setup and dismantle, should User require additional time. Any equipment or stage props left in the Facility after the expiration of the time allowed for dismantle shall be disposed of by the City: without any right of claim by the User, or at the City's option, may be stored at User's cost. 4. USE. RATE: (a) Basic Use Rate: In consideration of the use of the Facility as described above, User agrees to pay to the City the sum of $420.00 per Event, plus $105.00 per Rehearsal ("Basic Use Rate") with a total amount due of $561.75, to be paid no later than August 20, 2018. The Basic Use Rate includes normal janitorial service, house lights for ordinary use and air 2 conditioning during the Event hours only, in addition to the items listed in the In House Equipment list ("Exhibit C"), which by this reference is incorporated into and made a part of this Agreement. The Basic Use Rate does not include Additional Charges as defined below. (b) Theater Staff Charges: Theater personnel are not included under Section 4(a) "Basic Use Rate" of this Use Agreement. Should the User contract the theater personnel services, fees for such services shall be charged per theater staff member at a rate of: three hundred dollars ($300.00) for a total of eight (8) hours, including any combination of rehearsal, set-up/tear down, and event; four hundred fifty dollars ($450.00) for a total of eight (8) hours for a Daily Event, including any combination of rehearsal, set-up/tear down, and event; one hundred dollars ($100.00) for a total of four (4) hours for each additional rehearsal; any additional time required beyond eight (8) hours and/or four (4) hours for additional rehearsals, the User shall be charged a rate of forty dollars ($40.00) an hour per theater staff personnel. A sub total amount due of three hundred dollars ($300.00) plus forty dollars ($40.00) per hour/per theater staff member (n/a hours) for a total amount due of $300.00, to be paid no later than August 20, 2018. Should the User not use the City's theater staff, one (1) theater staff member will be scheduled to oversee operations at no charge to the User for a maximum of eight (8) hours. Any additional time beyond the initial eight (8) hours, the User shall be charged a rate of forty dollars ($40.00) an hour for the theater staff member. For any Filming event, one (1) theater staff member will be schedule to oversee operations at a rate of two hundred dollars ($200.00) per event for a total of eight (8) hours; any additional staff time required beyond eight (8) hours, the User shall be charged a rate of forty dollars ($40.00) an hour per theater staff member. If the Auditorium Manager determines that it is in the best interest of the City to require a second theater staff member be present for the event, the User shall be charged a fee of three hundred dollars ($300.00) for the initial eight (8) hours; any additional time required beyond eight (8) hours, the User shall be charged a rate of forty dollars ($40.00) an hour per staff member. A sub total amount due of $n/a plus forty ($40.00) per hour/per technician (n/a hours) for a total amount due of $n/a, to be paid no later than n/a, 2018. (c) Additional Charges: User shall be responsible for the staffing of all Events and shall pay for all supplies or other services, needed or provided in connection with the use of the Facility and/or the presentation of an Event as listed in the Additional Charges Form, which by this reference is incorporated into and made part of this Agreement (all such costs and 3 expenses being referred to herein as "Additional Charges") Payment of Additional Charges not previously agreed to prior to the Event, shall be made within five (5) business days following the occurrence of the Event giving rise to such payment. USER shall be responsible for a non-refundable Cleaning Fee of One Hundred and No/100 Dollars ($100.00), and shall consist of one (1) or more staff members being present beginning one (1) hour prior to the time of the event, and remaining for four (4) hours during the Event. Should further cleaning services be needed or should the Event last longer than the aforementioned four (4) hours, an additional cleaning fee will be imposed at the rate of Twenty and No/100 dollars ($20.00) per hour thereafter (d) Payment of Use Fee: All payments from User to the City shall be by cashier's or certified check drawn on a local bank. Failure to pay any portion of the Use Fee prior to thirty (30) days from the date of the event shall result in the immediate termination of this Agreement and shall result in the forfeiture of all deposit funds 5. DEPOSIT: Upon execution of this Agreement, and as a condition to its effectiveness, User shall deliver to the City a deposit, in the amount of two hundred and five dollars ($205.00), to be held by the City throughout the Term. The Deposit shall secure User's performance under this Agreement and full payment of all amounts due hereunder, including the cost of any damage repairs, replacement or restoration, payment of any Additional Charges, or to defray any other unusual but reasonable expense borne by the City as a consequence of User's use of the Facilities hereunder and/or presentation of an Event. The City shall return the Deposit, or the unexpended portion thereof, to the User upon full satisfaction of all of User's obligations hereunder. In addition to the event deposit fee of $105.00 to be held by the City as per the terms of this agreement, User shall also be responsible for a cleaning deposit fee of one hundred dollars ($100.00), to be returned to the User should no additional cleaning services be necessary. Should said services be necessary, at the sole discretion of Manuel Artime, such will be provided at a rate of fifty dollars ($50.00) per hour. This section does not include any further fees required as per the Additional fees section or any other section of this Agreement. 6. ATTENDANCE: User understands that the maximum attendance at any one event is 900 persons and that User shall not print more than 880 tickets per Event. 4 7. EVENT PERSONNEL, UTILITIES AND SUPPLIES: Except as specifically provided herein, User shall be responsible for all staffing in connection with the use of the Facility and/or the presentation of an Event which includes ticket sellers, ticket takers, ushering staff, stagehands, spotlight operators, etc. Additionally, User understands and agrees that it shall only utilize the services of sound and/or lighting technicians who have been approved by the City to operate the Facility's sound and/or lighting equipment. If the Auditorium Manager determines that it is in the best interest of the City to require additional staffing to be present for an event, the User shall be charged the fees as defined in Section 4 of this Agreement for the additional personnel. 8. CONDITION OF FACILITY/REMOVAL OF USER'S EFFECTS: (a) User has inspected the Facility and accepts it in "as -is" condition. User agrees to tear down and remove all of User's effects immediately after the presentation of an Event and/or expiration of the Term. (b) At the conclusion of each Event, and upon expiration of the Term, User agrees to surrender the Facility to the City properly cleaned and in the same condition existing upon User's acceptance. If the Facility is not properly cleaned to the City's satisfaction, then the City shall have the right to invoice the User for such additional cleaning. The cost of additional cleaning, as well as the cost of damage repairs, or any repairs necessitated as a result of the use of the Facility by User, shall be deducted from the Deposit. User shall pay any deficiency upon demand. (c) User shall not be permitted to remove the piano from the stage under any circumstances. Additionally, the removal of lights from their original setting is prohibited. Changing of the original positioning or focusing of the lighting equipment, or reprogramming of the lighting computer can only be done with the City's approval and supervision. If any such changes are made with City's permission, User shall pay for any technical labor involved in returning the equipment to its original standard design. Any violation of this section may result in the immediate termination of this Agreement and will subject User to liability for all damages arising from, or in connection with, said violation. 5 (d) The City shall have the right to enter upon the Facility at any timeduring the Use Period, as it deems necessary. 9. AUDIT AND INSPECTION RIGHTS: The City may, at reasonable times, and for a period of up to three (3) years following the expiration of the Term, audit, or cause to be audited, those books and records of User which are related to this Agreement. User agrees to maintain all such books and records at its principal place of business for a period of three (3) years after expiration of the Term. 10. PUBLIC RECORDS: User understands that the public shall have access, at all reasonable times, to all documents and information pertaining to City contracts, subject to the provisions of Chapter 119, Florida Statutes, and agrees to allow access by the City and the public to all documents subject to disclosure under applicable law. User's failure or refusal to comply with the provisions of this section shall result in the immediate termination of this Agreement by the City. 11. COMPLIANCE WITH APPLICABLE LAWS AND RULES AND REGULATIONS: User agrees to obtain all required licenses and permits and to abide by and comply with all applicable federal, state and local laws, rules, regulations, codes and ordinances in the use of the Facility and/or presentation of an Event. By execution of this Agreement, User acknowledges that it has received and fully understands the "Rules and Regulations for Use of City of Miami Municipal Facilities" which has been furnished to User prior to the execution hereof. User hereby represents and warrants to the City that User shall abide by each, and shall not permit the violation of any, rule and regulation set out therein. 12. INDEMNIFICATION: User shall indemnify, covenant not to sue, defend and hold harmless the City and its officials, employees and agents (collectively referred to as "Indemnitees"), from and against all loss, costs, penalties, fines, damages, claims, expenses (including attorney's fees) or liabilities (collectively referred to as "Liabilities") by reason of any injury to or death of any person or damage to or destruction or loss of any property arising out of, resulting from, or in connection with (i) the use of the Facility, whether caused directly or 6 indirectly, in whole or in part (whether joint, concurrent or contributing), by any act, omission, default, negligence (whether active or passive), recklessness or intentional wrongful misconduct of any Indemnitees, User or any of Users guests, invitees, employees, agents or subcontractors, or (ii) by the failure of User to comply with any of the provisions herein, specifically User's obligation to comply with all applicable statutes, ordinances or other regulations or requirements in connection with the use of the Facility. This indemnification shall survive the term of this agreement. 13. RISK OF LOSS: User understands and agrees that the City shall not be liable for any loss, injury or damage to any personal property or equipment brought into the Facility by User or by anyone whomsoever, during the time that the Facility is under the control of, or occupied by the User. All personal property placed or moved in the Facility shall be at the risk of User or the owner thereof. User further agrees that it shall be responsible to provide security whenever personal property either owned or used by the User, its employees, agents or subcontractors is placed in the Facility, including any property or equipment necessary for set-up and dismantle, whether or not the Facility is open to the general public. 14. INSURANCE: Insurance is required for all events based on the terms of "Exhibit A" attached hereto and made part of this Agreement. In the event that attendance exceeds the number on which the fee paid by the User has been computed, the User shall be obligated to pay the difference within 48 hours of the conclusion of the event. User understands that not all events are eligible under the "TULIP Class One Events" of "Exhibit A", and such coverage is subject to terms, conditions and exclusions. The User has the right to purchase insurance coverage for this event, and in doing so, agrees to provide the City with a certificate of insurance in accordance with "Exhibit B". The City reserves the right to solicit from the user copies of any and all insurance policies and corresponding endorsements in connection with this Agreement. User shall be responsible for submitting all necessary insurance documentation, as required by Manuel Artime and/or the City of Miami Department of Risk Management, no less than thirty (30) days prior to the Event/Use Date. Failure to do so will result in an automatic termination of this agreement and forfeiture of all deposit funds. 7 15. DEFAULT: User is responsible for providing a fully signed and notarized agreement to Manuel Artime no less than thirty (30) days prior to the Event/Use Date, and if User fails to comply, the event will automatically be cancelled and all deposit funds shall be retained by Manuel Artime. If User fails to comply with any term(s) or condition(s) of this Agreement, or fails to perform any of its obligations hereunder, then User shall be in default. Upon the occurrence of a default hereunder, the City, in, addition to all remedies available to it by law, may by notice to User, terminate this Agreement whereupon all deposits, payments, advances, or other compensation paid by the User to the City shall be retained by the City. Notwithstanding any other provision herein, or any rule or regulation providing otherwise if the User cancels the event thirty (30) days .or less than thirty (30) days from the commencement of the Use Period this shall be a default by the User who shall automatically forfeit and owe the entire Basic Use Rate as defined by §4 (a) herein. The Basic Use Rate shall be immediately due and owing to the City, not as a penalty but as liquidated damages; insofar as the parties cannot ascertain the losses the City will suffer from the inability to allow another User to use the facility during this Use Period. The User shall have no recourse against the City due to the User's cancellation of the event thirty (30) or less days preceding the Use Period. The User shall be liable to pay interest at the rate of twelve (12%) per annum for the principal involved in the Basic Use Rate until it is paid in full. The forfeiture of the Basic Use Rate shall not apply if the cancellation occurs due to an Act of God (e.g. hurricane, tornado). 16. CITY'S TERMINATION RIGHTS: - (a) Termination for Convenience: The City shall have the right to terminate this Agreement for convenience, in its sole discretion, upon a thirty (30) day prior written notice to User. Additionally, the City shall have the right to cancel the presentation of an Event, at any time if, in the exercise of its reasonable discretion, the City determines that the presentation of such Event, at the scheduled time, is not in the best interest of the City due to circumstances beyond the City's reasonable control. (b) Termination for Cause: The City shall have the right to terminate this Agreement, without notice or liability to User, upon the occurrence of an event of default. 8 (c) Other Termination Rights: The City shall have the right to terminate this Agreement in the event that the Facility is sold, is condemned, or in the event of its damage due to fire, windstorm, catastrophe or other act of God, and the City decides, in its sole discretion, not to repair or rebuild. (d) Force Majeure: CITY shall not be liable for any failure to perform its obligations where such failure is caused by conditions beyond its control, including, but not limited to, Acts of Nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, events in foreign countries that affect the CITY and its citizens, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, riots, street celebrations or protests, military or usurped power or confiscation, terrorists activities, nationalization, government sanctions or restrictions, blockage, embargo, labor dispute, strike, lockout or interruption, or the failure of services such as electricity or telephone. (e) Cancellations and Return of Deposit: Except where this Agreement is terminated for cause or cancelled by the User outside of the allowable timeframe(s) as provided by this Agreement, User shall be entitled to a refund of the Deposit and Cleaning Fee, or so much thereof as has not been applied, upon termination of the Agreement, after satisfaction of all amounts due by User hereunder, If any. Should User cancel the event within thirty (30) days of the Event/Use Date, all deposit funds will be lost. In the event of a refund as per the terms of this Agreement, all refunds shall be returned to the User within thirty (30) days of the cancellation/end of the Event Date, or such reasonable time thereafter as administratively possible by Manuel Artime. 17. NONDISCRIMINATION: User represents and warrants to the City that User does not and will not engage in discriminatory practices and that there shall be no discrimination in connection with User's use of the Facility or presentation of the Event on account of race, color, sex, religion, age, handicap, marital status or national origin. User further covenants that no individual shall, solely by reason of his/her race, color, sex, religion, age, handicap, marital status or national origin, be excluded from participation in, be denied services, or be subject to discrimination in connection with the use of the Facility under this Agreement. 9 18. ASSIGNMENT: This Agreement may not be assigned by User, in whole or in part, without the prior written consent of the City's, which may be withheld, or conditioned, in the City's sole discretion. 19. NOTICES: All notices or other communications required under this Agreement shall be in writing and shall be given by hand -delivery or by registered or certified U.S. Mail, return receipt requested, addressed to the other party at the address indicated herein or to such other address as a party may designate by giving notice in the manner herein provided. Notice shall be deemed given on the day on which personally delivered; or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. TO USER: TO THE CITY: Anastasia Kochetkova 15901 Collins Avenue #2502 Miami, FL 33160 20. MISCELLANEOUS PROVISIONS: (a) Emilio T. Gonzalez City Manager 444 SW 2nd Avenue,10th Floor Miami, FL 33130 WITH COPY TO: Victoria Mendez City Attorney 444 SW 2nd Avenue, Ste. 945 Miami, FL 33130 User shall provide to the Director twenty (20) promotional tickets for each paid event, for the purpose of promoting the Facility. (b) This Agreement shall be construed and enforced according to the laws of the State of Florida and each party shall be responsible for its own attorney's fees. (c) Title and paragraph headings are for convenient reference and are not a part of this Agreement. 10 (d) 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. (e) 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 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. (f) This Agreement constitutes the sole and entire agreement between the parties hereto. No modification or amendment hereto shall be valid unless in writing and executed by property authorized representatives of the partieshereto. (g) User is aware of the conflict of interest laws of the City of Miami (Code of the City of Miami, Florida, as amended, Chapter 2, Article V) and agrees that it will fully comply in all respects with the terms of said laws. 21. ENTIRE AGREEMENT: This instrument, together with its attachments and all other instruments incorporated herein by reference constitute the sole and only agreement of the parties hereto relating to the use of the Facilities. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. 22. COUNTERPARTS: This Agreement may be executed in two or more counterparts, each of which shall constitute an original, but all of which, when taken together, shall constitute one and the same agreement. 23. INSPECTIONS: The User will allow City inspectors, agents or representatives the ability to monitor its compliance with safety precautions as required by federal, state or local laws, rules, regulations and ordinances. By performing these.inspections the City, its agents, or representatives are not assuming any liability by virtue of these laws, rules, regulations, and ordinances. The User shall have no recourse against the City, its agents, or representatives from 11 the occurrence, non-occurrence, or result of such inspection(s). Upon issuance of a notice to precede the User shall contact the Risk Management Department at (305) 416-1700 to schedule the inspection(s). 24. AMERICANS WITH DISABILITIES ACT: User shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act ("ADA") in the course of providing any work, labor or services funded by the City including Titles I and II of the ADA ( regarding nondiscrimination on the basis of disability) and all applicable regulations, guidelines and standards. Additionally, User shall take affirmative steps to ensure nondiscrimination in employment of disabled persons. 25. COMPLIANCE WITH LAWS: User accepts this Agreement and hereby acknowledges that User's strict compliance with all applicable federal, state and local laws, ordinances and regulations is a condition of this Agreement, and User, and any of its employees, agents or performers, shall comply therewith as the same presently exist and as they may be amended hereafter. This Agreement shall be construed and enforced according to the laws of the State of Florida. Further, the User, and any of its employees, agents or performers, hereby agrees to comply with all regulations regarding travel to and from the United States as promulgated by the U.S. Department of Treasury, Office of Foreign Assets Control ("OFAC") and the U.S. Department of State. Violation of any federal, state and local law shall subject the User to immediate cancellation of this Agreement. 12 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized, this the day and year above written. WITNESS: By: Signature Print name STATE OF FLORIDA COUNTY OF MIAMI-DADE "USER" By: 41✓(-1-5 5i4 K-D ei-e i v 4 Print name dg.A Zo•k2 Date The f9regoing instrument was acknowledged before me this day of &So&A , 20_a, by 1/ nr14 64 Ws) A- . Personally Known OR Produced Identification Type of Identification Produced NoScto (Ros) 1 L 4 ? (NOTARY SEAL) :OA IIII ♦ p: . --', OF FLOP•' Y Comm. Expires Jul 23, 2019 ",,I I "` Bonded through National Notary Assn. YUNIOR SANTANA Notary Public - State of Florida Commission # FF 903315 NOTARY Print Co STATE OF FLORIDA U i11Z R ..CCL 1- S." o.: ergo ? 1-5- ssion Expires: -7/242� 13 ATTEST: CITY OF MIAMI, a municipal corporation Of the State of Florida TODD B. FIANNON EMILI. GONZALEZ City Clerk City anager APPROVED AS TO FORM AND APPROVED A REQUIREM A ' -MARI ' SHA Division of isk Man CE E, Director ement 14 "EXHIBIT A" Insurance Fee Schedule TULIP Class One Events Antique Shows Art Festivals and Shows Auctions Award Presentations Ballets or other Classical Dance Shows/Recitals Beauty Pageants Body Building Contests Business Meetings or Shows Chamber of Commerce Events Charity Benefits, Dances, Auctions or Sales Choirs — Indoors Church Services or Meetings Civic Club Meetings Classical Dance Shows Classical Music Concerts - Indoors Concerts — Celtic Music Concerts — Chamber Music Concerts — Holiday Music Concerts — Instrumental Consumer Shows Dance Competitions Dance Recital TULIP Rating Schedule Daily Attendees (Spectators/Participants) A. 1 - 100 B. 101- 500 C. 501 - 1,500 Daily Attendees (Spectators/Participants) A. 1 - 100 B. 101- 500 C. 501 - 1,500 Fashion Shows Flowers Shows Funeral Service Graduations Holiday Events & Parties Home Shows Jam and Jazz Concerts — Indoors Job Fairs - Indoors Ladies Club Events Lecturers Meeting (indoors) Pageants Professional and Amateur Association Meetings Reunions — Indoors Seances Seminars Social Receptions Speaking Engagements Story Teller Symphony Concerts Teleconferences Telethons Voter Registration A. Total Event Rates (1-4 Days) Class I $75.00 100.00 150.00 Class II Class III $100.00 $150.00 135.00 • 200.00 185.00 310.00 B. Total Event Rates (5 or More Days) Class I Class II $95.00 140.00 235.00 $170.00 215.00 355.00 Class III $300.00 360.00 455.00 * Add 10% to the premium for each Additional Insured (other than the programs sponsor and venue), up to a maximum of $1,000.00. Handling Fee: $35.00 15 TULIP Class Two Events Bingo Games Carnivals — School Events with no mechanical Christmas Tree Lighting Clowns — No Motorized Vehicles Comedians Concerts — 50's, 60's 70's or 80's Music Concerts — Blues Music Concerts — Country Music Concerts — Folk Music Concerts — Funk Music Concerts — Motown Concerts Soul Music Dog, Cat, Bird & Other Domestic Animal Shows/Events Festivals and Cultural Events — Indoors Impersonator — Celebrity or Holiday Character Impressionist Jugglers (No Pyro) Magician Mariachi Band School Band Competitions or Events Union Meeting TULIP Rating Schedule Daily Attendees (Spectators/Participants) A. 1' - 100 B. 101- 500 C. 501 - 1,500 Daily Attendees (Spectators/Participants) A. 1 - 100' B. 101- 500 C. 501 - 1,500 A. Total Event Rates (1-4 Days) Class I Class II Class III $75.00 $100.00 $150.00 100.00 135.00 200.00 150.00 185:00 310.00 B. Total Event Rates (5 or More Days) Class I Class II Class III $95.00 140.00 235.00 $170.00 215.00 355.00 $300.00 360.00 455.00 * Add 10% to the premium for each Additional Insured (other than the programs sponsor and venue), up to a maximum of $1,000.00. Handling Fee: $35.00 16 TULIP Class Three Events Aerobics and Jazzercise Classes or Events Casino and Lounge Shows Cheerleading Events/Competitions (no Pyramids) Comedy shows Concert — Pop Cover Bands Film Screenings Film Showings Gymnastic Competitions — Spectators Only Halloween — Costume Contests Magic Show Old Timer Event Play Readings Plays Proms Talent Show (No Rap, Hip Hop, Heavy Metal shows) Tap Dancing Theatrical Stage Performances Wine Tasting TULIP Rating Schedule Daily Attendees (Spectators/Participants) A. 1 - 100 B. 101- 500 C. 501 - 1,500 A. Total Event Rates (1-4 Days) Class I $75.00 100.00 150.00 B. Total Event Rates (5 or More Days) Class II Class III $100.00. $150.00 135.00 200.00 185.00 310.00 Dail Attendees Class I Class II Class III (Spectators/Participants) A. 1 - 100 $95.00 $170.00 $300.00 B. 101 - 500 140.00 215.00 360.00 C. 501 - 1,500 235.00 355.00 455.00 * Add 10% to the premium for each Additional Insured (other than the programs sponsor and venue), up to a maximum of $1,000.00. Handling Fee: $35.00 17 "EXHIBIT B" INSURANCE REQUIREMENTS- SPECIAL EVENTS INSURANCE 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 Personal and Adv. Injury $ 1,000,000 Products/Completed Operations $ 1,000,000 B. Endorsements Required City of Miami included as an additional insured (Endorsement is required) Primary Insurance Clause Contingent and Contractual liability Premises and Operations Liability II. Business Automobile Liability (If Applicable) A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Any Auto Including Hired, Borrowed or Non -Owned Autos Any One Accident $ 300,000 B. Endorsements Required City of Miami included as an Additional Insured III. Worker's Compensation (IF APPLICABLE) Limits of Liability Statutory -State of Florida Employer's Liability C. Limits of Liability $100,000 for bodily injury caused by an accident, each accident $100,000 for bodily injury caused by disease, each employee $500,000 for bodily injury caused by disease, policy limit IV. Host liquor/Liquor Liability (IF APPLICABLE) D. Limits of Liability Each occurrence $1,000,000 Aggregate $1,000,000 18 The Department of Risk Management reserves the right to solicit additional coverage or higher limits of liability as may be applicable. The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer in accordance with policy provisions. 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. 19 "EXHIBIT C" In House Equipment* Sound System Control: 1 Allen & Heath — ML3000-32 System 1 Cassette Player 1 Numark Dual CD Player Speakers: 2 Sound Physics Labs-TD 1 sub Dual 12" subwoofer 3 Sound Physics Labs-TD1 3-way full range loudspeakers 7 Tannoy V-8 8" dual concentric loudspeakers (balcony & under balcony) 4 Tannoy V-12 12" dual concentric Loudspeakers (stage monitors) Accessories: 6 AKG D770 handheld microphones Light System 5 CYC 2 Comet Follow Spots 17 PAR 64 13 Altam 360Q (6" x 9") 20 Altam 360Q (6" x 12") 22 Altman 360 Q (6" x 16") * Not all equipment may be available on the date of the event. Theater Estimate Order Summary Item Description 2 Hour or less Event $420.00 Rehearsal Event Day ($105.00) Quantity Amount 1 $420.00 1 $105.00 Order Sub Total $525.00 7.00% Light Technician ($300.00) Cleaning Crew Event ($100.00) 1 Order Total Reference # Status 9755875 Confirmed $36.75 $300.00 $100.00 $961.75 Order Total $961.75 Type of Company Personal Name Anastasia Kochetkova Email Address. City, State. Zip Code anakofilmpro@gmail.com 15901 Collins Ave #2502 - Sunny Isles Beach. FL 33160 Phone #: 786-681-3657 Event Dates (DD/MM/YYYY) 1 08/23/2018 Ticket Sales Filming? Rehearsal? # Rehearsal? No Ticket Sales ' No Yes 1 Rehearsal Hours of Event. (This is measure from when the event starts until event concludes. DO NOT INCLUDE Setup/Dismantle Times) 2 Hours or less Events 2 Hour or less Event $420.00 2 Hours or Tess 1 Rehearsals Dates (DD/MM/YYYY) 1 Rehearsal 08/23/2018 Rehearsal Non Event Date ($210.00) 0 Rehearsal Event Day ($105.00) 1 Rehearsal No Performance ($577.50) 0 In -House Technician Site Person ($300.00) Light Technician ($300.00) 0 1 Sound Technician ($300.00) 0 Additional Hours Technician Rehearsal Additional Light Event Hour ($92.50) 0 Rehearsal Additional Sound Event Hour ($92.50) Additional Expenses Cleaning Crew Event ($100.00) Item # 31 Last Update Start Time 0 1 7.00% 2018-08-14 13:02:15 2018-08-14 12:59:18 Finish Time IP Browser 2018-08-14 13:02:07 69.195.194.66 Chrome OS Referrer Windows N/A ARb® ® CERTIFICATE OF LIABILITY INSURANCE ATE (MM/DD/YYYY) D08/14/2018 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 be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies mayrequire an endorsement. A statement on,this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Specialty Advantage Insurance Services 1100 Glendon Ave. Suite 900 Los Angeles, CA 90024 CONTACT TULIP Administrator PHONE FAX (A/C No Ext): (800) 507-8414 (A/C No): ADDRESS: tulip@onebeacon.com INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Atlantic Specialty lnsurance Company 27154 INSURED . Anastasia Kochetkova 15901 Collins Avenue - Unit 2502 Sunny Isles Beach, FL 33160 INSURER B : INSURER c : INSURER D : INSURER E : INSURER F : i COVERAGES CERTIFICATE NUMBER: 131336 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 (MMIDDIYYYY) POLICY EXP (MMIDD/YYYY) LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY X GL03759-04 - 08/23/2018 08/24/2018 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 50,000 MED EXP (Any one person) $ Excluded CLAIMS -MADE X OCCUR s PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ None PRODUCTS- COMP/OP AGG $ 1,000,000 GEN'L AGGREGATE 7 POLICY X� LIMIT APPLIES PER: LOC $ AUTOMOBILE LIABILITY _ SCHEDULED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ $ DED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y 1 N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below' NIA WC STATU- TORY LIMITS OTH- ER E.L. EACH ACCIDENT $ E.L. DISEASE- EA EMPLOYEE $ E.L. DISEASE- POLICY LIMIT $ A Third Party Property Damage X PF01105-04 08/23/2018 08/24/2018 Limit 1,000,000 Deductible • 1,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, -if more space is required) Late Again Ana 08/23/2018 CERTIFICATE HOLDER CANCELLATION City of Miami 444 SW 2nd Avenue, 9th Floor Miami, FL 33130 MANUEL ARTIME COMMUNITY THEATER 900 SW 1ST ST 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 (2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD TENANT USERS LIABILITY INSURANCE CERTIFICATE BINDER THIS CERTIFICATE/BINDER REPRESENTS A SUMMARY OF THE INSURANCE PROVIDED. INSURANCE PROVIDED IS SUBJECT TO THE TERMS AND CONDITIONS OF THE POLICY. Date: 8/14/2018 1:50 PM Certificate Number: 131336 Broker: _ Risk Management Associates, Inc. Tenant User: Anastasia Kochetkova Event Title Late Again Ana Type of Event Recitals Daily Attendance 500 Period of Insurance: 08/23/2018 12:01 AM To 08/24/2018 12:01 AM Policy #1 GL03759-04 Insurance Company: Atlantic Specialty Insurance Company. Coverage Limits General Agg. None Products Completed Ops $1,000,000 Personal/Adv. Injury $1,000,000 Each Occurance: $1,000,000 Fire Damage: $50,000 Medical Payments: Excluded Policy #2 PF01105-04 Insurance Company: Atlantic Specialty Insurance Company Coverage Limits Deductible Third Party Property Damage: $1,000,000 $1,000 Premium Computation General Liability $101.00 Liquor Liability $0.00 Third Party Property Damage $31.00 Excess Liability $0.00 - Total Premium $132.00 Total Fees $0.00 Total Due $132.00 Certificate Holder/Additional Insured City of Miami 444 SW 2nd Avenue, 9th Floor Miami, FL 33130 MANUEL ARTIME COMMUNITY THEATER 900 SW 1ST ST Miami, FL 33130 To obtain a complete copy of the policy with the terms, conditions and exclusions of the policy, you must contact us at: tulip@ebi-ins.com or (800) 507-8414. ACCESS, HOLD HARMLESS, AND INDEMNIFICATION AGREEMENT This Acce s and Indemnification Agreement (the "Agreement"), entered into this 13 day of , 2018 (the "Effective Date"), by and between the City of Miami, a municipal corporatio of the State of Florida whose principal address is 3500 Pan American Drive, Miami, Florida 33133 ("City") and Anastasia Kochetkova, an individual over the age of 21, whose principal address is 15901 Collins Ave. Sunny Isles Beach, FL 33160 ("Licensee") is entered into as follows: WITNESSETH: NOW 'THEREFORE AND IN CONSIDERATION of the premises and the mutual covenants and conditions contained herein, the parties hereto agree as follows: PURPOSE AND RIGHT TO ACCESS The City grants to Licensee, temporary access rights to enter upon the City's property at Manuel Artime Theater, 900 SW 1st Street. Miami, FL 33130, ("Property") subject to the conditions and limitations hereinafter contained and solely for the Term and any Extended Term (as both are defined below), solely for the limited purpose of filming and producing a motion picture ("Activities"). These access rights are subject to the Licensee's providing the City's Public Facilities Licensee at 444 SW 2 Avenue, 3'd Floor, Miami, Florida 33130, twenty-four (24) hours advance notice, written notice of when (date and time) access is required by the Licensee to commence the Activities. This notice requirement shall not be construed to require daily notice, but it shall be sufficient that Licensee provide the reasonably anticipated time frame (dates) for conducting the Activities described herein. The rights herein granted include the rights of access to and egress from the Property for the Licensee's officers, Licensees, employees, suppliers, contractors, agents, representatives and equipment, for the Activities, including but not limited to temporary motion picture sets and structures, photographing and/or filming the Property, sets and structures and/or recording sound for such scenes as the Licensee may desire, subject to the approval of the on -site manager of the Property and/or the City. The City warrants that the City is the owner of the Property and is fully authorized to enter into this agreement and has the right to grant Licensee the limited use and occupancy of the Property, and each and all the privileges herein described. The Licensee may begin access of the property on or about 9:00am time, on 08/23/2018, and may continue accessing the Property for the Activities, until the completion of all such Activities, but for total a period not to exceed 10 hours, including all production, filming, and preparation and/or restoration of the Property. 1 The Licensee will be granted the aforementioned, and herein discussed access and permissions at no charge to either party. The Licensee may at any time elect not to use the Property by giving the City written notice of such election, in which case neither party shall have any further obligations hereunder except that seventy-five percent (75%) of any amount prepaid to the City for use of the Property shall be refunded to the Licensee within ten (10) days of written request of the Licensee. In the event the Licensee desires to perform photograph retakes or added scenes, the Licensee may request re-entry onto the Property for such period as may be reasonably necessary therefore, commencing at any time within six (6) months after completion of the Activities, to be determined in consultation with the City, and in such event the following rate of pay shall not exceed the day rate originally offered during the Activities. The Licensee shall leave the Property in as good condition as when the Licensee was granted access thereto, and the Licensee shall have the right to remove all of the Licensee's sets, structures, and other material and equipment from the Property at the conclusion of the Activities. The Property shall be deemed returned in a satisfactory condition unless the City otherwise notifies the Licensee in writing within seven (7) days after the conclusion of th restoration of the Property by the Licensee. Licensee 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 Activities of the Licensee on the Property. Notwithstanding any Code or law to the contrary, all fees, costs, reimbursable expenses or any other compensation associated with the Activities performed by Licensee on the Property shall be the sole responsibility of the Licensee. The parties understand and agree that the City is not acting as a guarantor of payment to the Licensee nor is the City responsible for the Activities, actions or omissions of the Licensee on the Property. CONDITIONS ON USE OF THE PROPERTY Licensee agrees to perform the Activities in a manner so as not to unreasonably interfere with the City's beneficial use and enjoyment of the Property, to include any tenants therein. All work or Activities performed by or on behalf of the Licensee shall be conducted in a Lien -free manner. The Licensee, at its sole cost and expense, will be responsible for the maintenance, repair and replacement of the Property during the term of this Agreement..: • CANCELLATION FOR CONVENIENCE; CANCELLATION FOR CAUSE City shall also have the right to terminate this Agreement by giving Licensee at least three (3) business days' prior written notice, 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 if the Licensee has defaulted under any term(s) of this Agreement. If the Agreement is canceled due to this Licensee's breach of the terms and conditions specified in this Agreement 2 the City shall be entitled to receive and retain the entire Consideration payable to the City, if applicable, as specified herein. RESTORATION OF PROPERTY Upon completion of the Scope of Work, Licensee shall, at the sole cost of the Licensee and no cost to the City, restore the Property used by Licensee to a condition in an equal or better state than it was delivered to the Licensee and any other required governmental regulations. By agreeing to this, Licensee, shall restore any portions of the Property destroyed or removed by the Licensee in the course of its loading and unloading activities, including but not limited to the bulkhead and fence. INSURANCE REQUIREMENTS. Prior to Licensee, 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 Activities as defined herein, the Licensee (including, without limitation any assigned contractor, etc. as Licensee is defined herein) shall obtain and maintain or cause to be obtained and maintained throughout the its access and the Term and any additional term of this Agreement, the types and amounts of insurance coverages set forth in Exhibit "A", attached hereto and incorporated therein by this reference, in such reasonable amounts as approved by the City of Miami's Risk Management Administrator; 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 Licensee 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 Administrator shall review the insurance requirements and reserves the right to make reasonable changes in the types and amounts of insurance coverages as necessary and shall revise Exhibit "A" accordingly as necessary. The Licensee 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, Licensee shall be responsible for submitting new or renewed insurance certificates to the City's Risk Management Administrator 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, any extended or additional Term: (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 Administrator; or 3 (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 Licensee of its liabilities and obligations under this Agreement. RISK OF LOSS Licensee 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 Licensee or by anyone whomsoever, during the time that the Property is accessed in any way by Licensee. All personal property of the Licensee, or fixtures, materials, supplies placed or moved in the Property shall be at the risk of Licensee. Licensee further agrees that it shall be responsible to provide security whenever personal property either owned or used by the Licensee, 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. INDEMNIFICATION. The Licensee (including, without limitation any assigned contractor, agent, employee, etc _as Licensee as defined herein) 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 Indemnitees in relation to Licensee's use of the Property and the Activities conducted by Licensee therein, incurred to the Property or to anyone on the Property as a result of negligent actions or omissions taken by the Licensee, any of its agents, employees, representatives, contractors, sub -contractors, or consultants performing the Scope of Work or any other activities on Licensee's behalf or even if it is alleged that the City, its officials and/or employees were negligent. Licensee hereby voluntarily and knowingly waives any and all claims against the Indemnitees for personal injuries or property damages sustained by the Licensee, its agents, employees, representatives, contractors, sub -contractors or consultants arising out of or related to the activities undertaken by the Licensee, 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. 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. Licensee acknowledges that the grant of this Agreement is good, separate and distinct consideration afforded by the City for this Indemnification. 4 MISCELLANEOUS PROVISIONS 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, approved by the City Risk Management Licensee and the City Attorney, and attested by the City Clerk on behalf of the City, and by the authorized signatory of Licensee, and attached to the originals of this Agreement. Release The City hereby grants to the Licensee, its successors, assigns and licensees the irrevocable, perpetual right throughout the universe to use the photographs, films, and other recordings of the Property taken by the Licensee hereunder in connection with the Activities in such manner and to such an extent as the Licensee may desire; including without limitation, the right to distribute, exhibit, broadcast, exploit, advertise, publicize and otherwise use the foregoing theatrically, on television or video, streaming, and in any other media whatsoever, whether now known or hereafter devised. The rights herein granted include the right to photograph, film and otherwise make recordings of any kind of all structures and signs located on the Property (including the exterior and interior of such structures, and the names, logos and words contained on such signs), the right to refer to the Property by its correct name or any fictitious name and the right to attribute fictitious events as occurring on the Property, with adequate/reasonable acknolwdgement of the ficticious nature. The Licensee shall be the sole owner of all right, title and interest in and any photographs and recordings hereunder. 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 Licensee with copies to: Anastasia Kochetkova 15901 Collins Avenue Sunny Isles Beach, FL. 33130 For the City with copies to: City Manager, City of Miami Miami Riverside Center 444 S.W. 2°d Avenue, 10t Floor Miami, Florida 33130 Copy to: 5 rights to collect attorneys' fees from the City under applicable laws, including but not limited to Section 57.105, Florida Statutes, as amended from time to time and any other State of Florida statutory provisions, as amended from time to time or under any interpretation of this Agreement. It is the express intent of the parties hereto that in no event will the City be required to pay Licensee's attorneys' fees and court costs for any action arising out of this Agreement. In the event that Licensee's waiver under this section is found to be invalid, then Licensee agrees that the City's liability for Licensee's attorneys' fees and court costs shall be limited to and shall not exceed the total sum of One Hundred Dollars ($100.00). 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. 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 Licensee to enter into this Agreement. 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. City not Liable for Delays Licensee 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 Licensee or any of Licensee'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 7 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°a Avenue, 9th Floor Miami, Florida 33130 It is Licensee's responsibility to advise the City in writing of any changes in Licensee'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 (51h) day after being posted or the date of actual receipt, whichever is earlier. 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 Licensee is only receiving limited access to the Property for the purposes of implementing the Activities and that Licensee is not an agent or instrumentality of the City, and that Licensee's agents, representatives, contractors, sub -contractors, consultants, and employees are not agents, representatives, contractors, sub -contractors, consultants, or employees of the City. Headings, Use of Singular, and Gender Paragraph headings are for convenience only and are not intended to expand or restrict the scope or substance of the provisions of this Agreement. Wherever used herein, the singular shall include the plural and plural shall include the singular, and pronouns shall be read as masculine, feminine or neuter as the context requires. Governing Law & Venue 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. Court Costs and Attorneys' Fees In the event that it becomes necessary for the City to institute legal proceedings to enforce or interpret the provisions of this Agreement, Licensee shall pay the City's court costs and attorneys' fees through all levels of court processes, including any and all appeals. Licensee acknowledges that Florida law provides for mutuality of attorneys' fees as a remedy in contract cases and Licensee specifically, knowingly, voluntarily, intentionally, and irrevocably waives its 6 other legal or equitable proceedings or on account of any delay(s) for any cause over which the City has no control. 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. Entire Agreement This Agreement embodies and constitutes the entire understanding between the City and the Licensee concerning the Property, and all prior or contemporaneous agreements, understandings, 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 ventures 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 be 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. 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: This constitutes the full and fmal 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. Signature page to follow 8 IN WITNESS WHEREOF, the City and Licensee have caused this Access Agreement to be executed as of the date Effective Date set forth above. ATTEST: Todd B. Ham; -City Clerk APPRO CO SSES: Signature VJt Print Name: Signature S: AS TO THE CITY: THE CITY OF MIAMI, a municipal corporation of the State of Florida By: E ilio T. 2 onzalez, City Mal,�ger O LEGAL FORM AND APPROVED AS TO INSURANCE AND BONDING REQUIREMENTS: ty Attorn� lfr'Z Netd4011 Cabl Gill d�� Print Name: c 9 41117: By: Ann -Marie e, Director AS TO LICENSEE: Anastasia Kochetkova, By: Name: A SM- g (C.o ckt ETt 0 V(� Title: rr)� GColf t ax- EXHIBIT "A" INSURANCE REQUIREMENTS ACCESS, HOLD HARMLESS, AND INDEMNIFICATION AGREEMENT MANUEL ARTIME 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 Third Party Property Damage $1,000,000 B. Endorsements Required City of Miami included as an additional insured Premises & Operations Liability 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. 10