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HomeMy WebLinkAbout23477AGREEMENT INFORMATION AGREEMENT NUMBER 23477 NAME/TYPE OF AGREEMENT BPMT & PUERTO RICAN CULTURAL FOUNDATION DESCRIPTION USE AGREEMENT/BAYFRONT PARK/FESTIVAL EFFECTIVE DATE March 4, 1993 ATTESTED BY WALTER FOEMAN ATTESTED DATE 3/5/1993 DATE RECEIVED FROM ISSUING DEPT. 3/5/1993 NOTE DOCUMENT LOG FORM/CITY MANAGER'S OFFICE Name of Party(ies): PUERTO RICAN CULTURAL FOUNDATION Document Type: Purpose: Facility: Date(s) : Department: Use -Agreement FESTIVAL Bayfront Park NOVEMBER 22, 1992 Bayfront Park Contact person(questions): Ira Marc Katz Tel.: 358-7550 Contact person(delivery): Ira Marc Katz Tel.: 358-7550 EXPENSE/REVENUE $ ACCOUNT(S)/PROJECT(S) Authorized by Resolution No. (ATTACHED) OR APPROVED BY: Budget Director (IF GENERAL FUNDS) CIP Administrator (IF CIP FUNDS) Comm.Dev.Director (IF C.D. FUNDS) All City requirements have been met and the document(s) is(are) for execution DEPT. DIRECTOR OR DESIGNEE Li) kl ACM/Advisor Dept.Director/Designee Initials Date 2/ A,I 9 3 Date 5 3 - j3 Date Rec. by Mgr's. Office: Date signed by Mgr.: Attested by City Clerk: Returned to Dept./Office: ORIGINAL TO CITY CLERK: mot' </1. /5' 3 L_3/ V /4 REV.05/20/92 USE AGREEMENT THIS AGREEMENT hereinafter referred to as the "AGREEMENT", made this day of r'` T21/t___ /„✓?>-=3 by and between the Bayfront Park Management Trust, hereinafter referred to as the "TRUST", and the Puerto Rican Cultural Foundation a not -for -profit corporation with an office located at 1477 South Miami Avenue, Miami, Florida 33130, hereinafter referred to as the "USER". RECITAL In consideration of the covenants and agreements hereinafter set forth, the TRUST does hereby grant unto USER the privilege of entry upon or into Bayfront Park, hereinafter referred to as the "PARK", to be entered upon or into for the purpose of a festival, hereinafter referred to as the "EVENT", for the period commencing at 12:00 P.M., on Sunday November 22nd, 1992 and terminating no later than 11:00 P.M. on Sunday, November 22nd, 1992, hereinafter referred to as the "USE PERIOD". Page 1 EN RETI' REVIEW, Pi .;E 101.,;1 AS #��� The TRUST agrees not to schedule any other events, including but not limited to groups or individuals touring the .PREMISES (as this term is hereinafter defined) during the USE PERIOD. USER"HEREBY COVENANTS AND"AGREES TO THE FOLLOWING: 1. PREMISES The entire PARK (outside of the are under Construction) plus the are of the PARK designated to include the Amphitheater, restroom facilities, and the Light Tower, (base and restrooms only), shall be hereinafter referred to as the "PREMISES". a. Restroom Facilities: The restroom facilities at the Light Tower shall be operational and open during the USE PERIOD. A janitorial service shall be brought in and paid for by the USER for proper cleanup prior to and after the USE PERIOD. b. Dual Access: USER shall at all times, allow or make necessary provisions for, two-way access to The Rouse Company and the City of Miami food court bridges, located adjacent to the PARK. Page 2 2. CONDITION OF PREMISES: USER hereby accepts the PREMISES in its present condition and agrees to maintain and return the same in the same condition. 3. FEE: USER has been granted a community day. USER will pay a fee of. $75.00 for each tent rental, $75. 00 for each concession booth, $600.00 for event staff, $1750.00 for fence rental and $300.00 for each beer and/or liquor location. In addition USER shall pay $300 forsolid. waste removal and $200 for ticket trailer rental. 4. TERMS OF PAYMENT: USER shall submit payment of all PARK fees, including but not limited to fire, police, electrical contractor, solid waste, park staff, and cleaning contractor no later than November 15, 1992 in the form of cashier's check, money order or cash. 5., LAND LEASE RESTRICTION: Under the Land Lease Restriction and Decoma Ventures, paid events are restricted to 4,000 patrons unless approved by Decoma Ventures, Leisure Management Miami, Miami Sports and Exhibition Authority and the Bayfront Park Management Trust. 6. DAMAGE DEPOSIT: USER shall furnish the Bayfront Park Management Trust Page 3 with a $1,000.00 damage deposit in the form of a money order, cashier's check or cash. An inspection of the premises will be made within 24 hours after the completion of even. 7. ADVERTISING: ALL agreed to advertising by USER and TRUST for EVENT will include the Bayfront Park logo and will state Mildred and Claude Pepper Bayfront Park, 301 N. Biscayne Blvd., Miami, Florida 33132 or must include Bayfront Park logo. 8. FOOD & ARTS & CRAFT LOCATIONS: The TRUST reserves the right to designate all food and craft booths for the EVENT. 9. SECURITY: USER shall provide at its cost all necessary security to be determined by the City of Miami Police Department, and the TRUST. The TRUST reserves the right to approve the private security firm selected to handle the EVENT. Such approval shall be based upon reasonable guidelines. 10. CATERING: USER at its own cost shall provide catering and all food and beverages for the EVENT and clean-up of the designated food area. Page 4 11. PERMITS: USER shall obtain all necessary permits, including but not limited to the required assembly permit from the Office of Fire Prevention as per SECTION No. 19- 516 of the Code of the City of Miami. Fire Department manpower requirements shall be determined by the Fire Department, USER shall pay the City c/o Occupational License Division, Finance Department, 3006 Aviation Avenue, Miami, Florida 33133 and all applicable occupational license fee for the EVENT. 12. INSURANCE: USER shall obtain and maintain in force for the length of this Agreement, General Liability Insurance on a Comprehensive Cpeneral Liability Form. or an equivalent Policy Form in the amount of coverage deemed acceptable by the City of Miami Insurance Coordinator for bodily injury and property damage liability. The City of Miami and the TRUST are to named "Additional Insured" on all policies. Any questions regarding Insurance should be directed to the Insurance Coordinator, Segundo Perez at the Olympia Building, 174 E. Flagler Street, 7th Floor, Miami, Florida 33131, (305) 372-4515. USER shall furnish the appropriate insurance certificates as, deemed by the City of Miami Insurance Coordinator, Segundo Perez or his designee, Page 5 by no later than 30 days, prior to the commencement of set-up on the PREMISES for the stated EVENT. 12. INDEMNIFICATION: a. USER shall indemnify and save harmless forever the City of Miami ("City") and TRUST, and all the City's and TRUST's members, officers, agents and employees, including all police officers and staffing as specified in the AGREEMENT, from all charges or claims resulting in any personal injury, loss of life or damage to property, from any act, omission or neglect, performed in its assigned duties, by itself or shall further indemnify the CITY costs, reasonable, attorney its employees. USER and TRUST as to fees, expenses all and liabilities included iin the defense of any such claims and the investigation thereof pertaining to claim on the PREMISES. b. The CITY and TRUST assume no responsibility whatsoever for any property placed on the PREMISES by USER and are expressly relieved of any and all liability for any loss, injury, theft, damage or destruction of goods that may be sustained by reason of using the PREMISES pursuant of this AGREEMENT. Page 6 13. FESTIVAL: - The EVENT will take place in the PREMISES on Sunday, November 22, 1992 from 12:00 P.M. to 11:00 P.M. USER will be in charge of all lighting and sound requirements. Set-up time for these event dates will start on the morning of November 22, 1992. USER shall be in charge of set-up and coordination of this EVENT. The production and talent costs of the EVENT will be the responsibility - of the USER, and paid for by the USER. 14. FORFEIT OF CANCELLATION: All advance sums, or advanced payments for services, shall be forfeited if, through the fault of, action of the r USER, the EVENT is not held within the dates and times contracted. 15. DEFAULT PROVISION: In the event the USER shall fail to comply with each and every term and condition of the Agreement or fails to perform any of the terms and conditions contained herein, then the TRUST at its sole option upon written notice to USER may cancel and terminate Agreement, and all payment, advances, or other compensation paid by USER, while in default of ,the provisions herein contained, shall be forthwith retained by the TRUST. Page 7 16. NONDISCRIMINATION: USER shall not discriminate against any persons on account of race, color, sex, religion, creed, ancestry, national origin or handicap in the use of the PREMISES. 17. UTILITIES: Unless otherwise provided herein, the TRUST shall provide all utilities, including electricity, water and trash disposal. 18. AUTHORIZED PERSONNEL: The TRUST shall have authorized representatives with decision making authority, reasonably available at all reasonable times throughout the USE PERIOD for consultation with USER. 19. AUTHORITY TO EXECUTE AGREEMENT: Each party represents to the other that it has the power to enter into the AGREEMENT and that the consent of no other person or entity is required in connection therewith, except as otherwise provided in the AGREEMENT constitutes a valid and binding obligation of each party in accordance with the terms hereof. 20. RELATIONSHIP OF PARTIES: This AGREEMENT shall not be deemed or construed to create any agency relationship, partnership, or joint venture between the CITY, the TRUST and USER. Page 8 21. NOTICES Unless otherwise provided herein to the contrary, all notices required under the AGREEMENT shall be deemed to be given when hand -delivered (with receipt therefor) or mailed by registered or certified mail, postage prepaid, return receipt requested and if addressed: AS TO USER: AS TO THE CITY: Mr. Henry Mojica Cesar H. Odio President City' Manager Puerto Rican Cultural City of Miami Foundation 3500 Pan American Dr. 1477 South Miami Avenue Miami, Florida 33133 Miami, Florida 33160 WITH A COPY TO: A. Quinn Jones III City Attorney 300 Biscayne Blvd. Way Suite 300 Miami, Florida 33132 Page 9 AS TO THE TRUST: AS TO THE TRUST: Ira Marc Katz Ghislain Gouraige, Jr. Executive Director Chairperson 301 N. Biscayne Blvd. One Biscayne Tower Miami, Florida 33132 Suite 1428 Miami, Florida 33131 22. NONDELEGABILITY: The AGREEMENT may not be transferred or assigned by USER without the prior express written consent of the TRUST. 23. ENTIRE AGREEMENT/AMENDMENT: The AGREEMENT constitutes the sole and entire Agreement between the parties hereto; no alteration, amendments or modifications shall be valid unless executed by an instrument in writing signed by all parties and approved by the TRUST. 24. SUCCESSORS AND ASSIGNS: All terms and conditions of the AGREEMENT shall be binding upon the parties, their successors and assigns, and cannot be varied or waived by any oral representation or promise of any agent of the parties hereto or any other person, unless the same be in writing and mutually signed by the duties authorized agent or agents executing the AGREEMENTS. Page 10 ATTEST: Matty Hirai City Clerk 25. LEGAL PROCEEDINGS: In the event the TRUST or the CITY institutes proceedings to collect any monies due to the TRUST by USER pursuant to the terms of the AGREEMENT, or to otherwise enforce the AGREEMENT, USER agrees to pay any and all reasonable attorney's fees and costs expended in the collection or enforcement thereof including appellate review at all available levels of review. 26. GOVERNING LAW: The AGREEMENT shall be construed according to the laws of the State of Florida and venue shall be in Dade County. IN WITNESS WHEREOF, the parties hereto have individually and through their proper corporate official executed the AGREEMENT, this the day and first written. CITY OF MIAMI, a municipal Corporation of the State of Florida. :BY: Cesar H. Odio City Manager Page 11 WITNESSES: BAYFRONT PARK MANAGEMENT TRUST BY: BY: Chai BAYFRONT PARK MANAGEMENT TRUST BY: Ira Marc Katz Executive Director in Gouraig=, Jr. person ATTEST: USER: Puerto Rican Cultu al oundation BY: BY: President Henry Mojica APPROVED AS TO INSURANCE' APPROVED AS TO FORM AND REQUIREMENTS: BY: Sujan S. Chhabra Director, Risk Management BY: CORRECTNESS: A,. Quinn 'nes, III City Att'+ ney Page 12 Whereas, the Board of Directors of The Puerto Rican Cultural Foundation, has examined terms, conditions and obligations of the proposed Agreement with the City of Miami for use of the BAYFRONT PARK AND AMPHITHEATER; Whereas, the Board of Directors of The Puerto Rican Cultural Foundation has examined terms, conditions and obligations of the proposed contract with the City of Miami for use of the BAYFRONT PARK AMPHITHEATER and; Whereas the Board of Directors at a duty held a corporate meeting has considered the matter in accordance with the By -Laws of the corporations; Now, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS of The Puerto Rican Cultural Foundation is hereby authorized and instructed to enter into a contract with the CITY of MIAMI, and for the price and upon the terms and payments contained in the proposed contract submitted by the CITY of MIAMI. IN WITNESS WHEREOF, this 199 BY: Henry Mojica President Puerto Rican Cultural Foundation day Page 13 of I —I — 1 9 — T H LI : ', 1 IJ•:f EI<'i LL. GF'IJ11P 0 1 r ?; •y� :!* • � Ir j, r. �•yllT� ' ie(i I `` 1 y `p'NKr•; +', 41 li • iv I.1id ,,,I,. i�••',,,,•;;,'r,�, PRODLICFR Cove4ail Concepe PO Box 366 doca Raton, 1 Qoa.i(/u 33429 INSURED PuQaio PO Box lil,am l., ire .1-7 I/243u4aaC2 A.g4ncy Rica C,uJ?,asunai 7ounda.t.s:on 600098 Feoai.da. 93160 TOM 41jOM -^tpP.1,1444, 1 • 'eat'.i STOPS AT • ity31. 9r � BSSUEeC A U tMM+I N UY . I 11/19/92 THIS CERTIFICATE 1$ ISSUED A$ A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED SY THE POLICIES BELOW COMPANY A LETTER COMPANY LETTER LTrE• pAPRY C COMPANY D LETTER LETTER COMPANY E . AMNIA COMPANIES AFFORDING COVERAGE Scoi.L.sdaee In4u4ance Company lizhen Inaunanac c0mapny ,r,,.,:4411,+0fit?"r'ct•r,,;• t.1:.,,r,::.c,1)4:4... •41,;z,nt•...� r."7,1r,:at1 rr1*..1:1; THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUIEOTO 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 CONDI- TIONS OF SUCH POLICIES. CO rYPE OF INSURANCI LTR A GENERAL LIABILITY COMPREHfNSNF II)RM PREMISES/OPERATIONS UNDERGROUND EXPLOSION & COI LAPSE HALANI) PROOUCTS/CDMPL FIFO OPT RATIONS CONTRACTUAL INDEPENDENT CONTRACTORS BROAD FORM PROPFRTY DAM/al PERSONAL INJURY Is110R LIA/3ILI AUTOMOBILE LIABILITY ANY AUTO ALI OWNED AUTOS (PRN PA:i5 1 ALI OWNED AUTO:, gtPRHF•HPaS,, THAN N MIRED AU1OS NON.OWNIO AUTO:. GARAGE LIABILITY EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBHtLLA folio WORKERS' COMPENSATioN AND EMPLOYERS' LIABILITY OTHER POLICY NUMBER L.V423042 itena"wa/. 77/ NSR TM 11)24622 OESCRIPTiON OP OPERATIONS!LOCATIONSNEH(CLESISPECIAL ITEMS 4DD1710NAL INSURED: CI7/ OF 1U MI '¢n N" g riq'ra 3500 Pan f1.71P.2•ican f.iam..i, T.eoaida 33133 P)LICY ff1fCINI 11411 (MWOnNY) 11/22/92 17/22/92 POLICY IHPIRAr11N DA11 IM WOONY) 11/23/92 gen Lia. L•LC}, L2a. 11/23/92 LIABILITY LIMITS IN THOUSANDS MEDLEY INJURY PaOPERrY DAMAGE 816P0 COMBINED (: RRf NCF A(NIRF(iAtE $ 1,000 $ 1,000 500 500 PERSONAL INJURY MU WIRY (,fa PERSON) ODDLY f17R 1CGOINII PROPERTY DAMAGE Bt6P0 CDMGINE0 • 41)/)17JONAc i3Ay 7RON7 PARR MANAC/E'r'1E•N7 7fill51 301 Noath Bi,ticcf/ne Blvd. Pliumi., TQoa.lda 33132 SHOULD APIY OF THE ABOVE DESCRIBED POLI PIRATION DATE THEREOF, THE ISSUIN MAIL n G' DAYS WRITTEN NOTICE TO THE LEFT. BUT F AILURE TO MAIL SUCH NOTICE 5H OF ANY KIND UPON THE COMPAN ITS A AUTHOFIZED .REPRESENTATIVE ;2,11 Cc:m•Ln.1 .i (EACH ACCIDENT) (DISEASE POLICY I IMII, (D)SEASE EACH CMPIOYFEI S BE CANCELLED BEFORE THE E. OMPANY WILL. ENDEAVOR TO TIFICATE HOLDER NAMED TO THE MPOSE NO OBLIGATION OR LIABILITY S OR REPRESENTATIVES.