HomeMy WebLinkAboutExhibit - AgreementDANIEL J. ALFONSO
City Manager
November 18, 2015
Lawrence Terry, President
Miami Rowing and Watersports Center, Inc.
3832 Shipping Avenue
Miami, FL 33146
Re: Miami Rowing and Watersports Center, Inc.
5 -Year Renewal Option to the Revocable License Agreement
Dear Mr. Terry:
The City of Miami is pleased to offer Miami Rowing and Watersports Center, Inc. a five (5) year
extension of time pursuant to Section 7 of the Revocable License Agreement approved by Resolution
R-11-0315. The original expiration date of September 30, 2015 is hereby extended until September 30,
2020.
In addition, due to the interruption of business that has been caused as a result of the construction of
the flex park at the Marine Stadium, the City is waiving the Use Fee for the months of September 2015
through February 2016 totaling $14,500.00.
If you have any questions please do not hesitate to contact me or Mr. Daniel Rotenberg, Director, City
of Miami, Department of Real Estate and Asset Management.
Sincerely,
Daniel J. Alfonso
City Manager
DJA/VI
c: Daniel Rotenberg, Director
City of Miami — Dept. of Real Estate and Asset Management
444 SW 2nd Avenue, 3rd Floor
Miami, Florida 33130
Kevin M. Kirwin, Director
City of Miami - Parks and Recreation Dept.
444 SW 2nd Avenue, 8th Floor
Miami, Florida 33130
DEPARTMENT OF REAL ESTATE AND ASSET MANAGEMENT
444 S.W. 2nd Avenue, 3rd Floor, Miami, Florida 33130 / (305) 416-1450 / Fax: (305) 416-2156
Victoria Mendez
City Attorney
City of Miami
444 SW 2"d Ave, 9th Floor
Miami, FL, 33130
Page 2
REVOCABLE LICENSE AGREEMENT
ISSUED BY THE
I
CITY OF MIAMI
TO
i
j MIAMI ROWING AND WATERSPORITS CENTER, INC.
FOR'THE OCCUPANCY OF THE PROPERTY
LOCATED AT 3601 RICKENBACKER CAUSEWAY
MIAMI, FLORIDA
TABLE OF CONTENTS
PAGE
1. Recitals......................................................................................................'.........................1
2. Definitions... ......................................................................................:................... 1.
3. This Agreement Confers No Exclusive Possession of the Property: .. .... 3
4. Permitted Uses...................................................................................................................3
5. Program Operators... ............ .............................................................................................. 4
6. [Manner of Property Use ...................... ................ ................. ...... ............. I ... a .... ................ 5
7. Term.................................................................................................:.................................5
8. AutomaticTermination.,... ... .....................................................,...........I........I..............5.
9. Cancellation by Request of Either of the Parties Without Cause .................................... 5
10. This License Agreement is Not Assignable...................................................................... 6
11. Use Fee............................................................................:........,.,,.,.........,.........:................,,.6
12. Prior -Year's Percentage Fees . ..... ............ .......... I .......... ..,.......... .. ........,.,.,..,.............. 6
13. Additional Percentage Fee................................................................................................. 7
14. . Financials.... ....................................................................... .,.................... ....... I ....... ...9,' .
15. Returned Check Fee.............................................................................................:.....:1'0'
16. Late Payments....'
........................... ...................,..................................................10
17. Security Deposit.......................................................................................... .................. ,11
18. Takes.............................:..................................................12
19. Condition of the Property and Maintenance ...............................................................12
20. Alterations, Additions or Replacements...........................:.............................................12
21. Construction Liens........ .. 13
22. Licenses, Authorizations and Permits ........................................... . ..............................13..
23. No Liability..................................................:...............................,........:..................,.,.14.
24. No Claims to Assets or R ghO'of Licensee.......................................................................
14
25. Compliance With Laws............................................................................I.....:,...,.. 14
26. Additional Expenses...............................................................................,....................15
27. Indemmnity, and Hold. Harmless...................................I.............,...:. ......................... 15
28. Insurance...... ... I- ...1....1..................:.,...................,....................................:......,......16
29. Safety.....:..........
............................... .............................................. .........................:,.17
30. Americans With Disability Act......................................................:...........................:.18
31. City Access To Property..... ..............................................:..............................................18
32. Public Records.............................................,............................:..................................19
33. Nondiscrimination.............................................................................. ..............19
34. No Discrimination in Hiring ................................................... ................. ...............19
35. Conflict of Interest..........................................................................................................19
36. Waiver of Jury Trial; Attorney's Fees..........................................................................20
37. Notices..........................................................................................................................20
38. Advertising......................................................................................................................21
39. Waiver. .................... I ........................................................................................... 21
40. Ownership.Of Improvements-.....I............................................................................ 22
41. Surrender Of Property....................................................................................................22
42.
Compliance with Environmental Laws..........................................................................
23
43.
Invalidity ................ >.... <............ , ........... ,..........................................................................
23
44.
45.
46.
Time of Essence.... .................................... ............... .. ..........................................23
No Interpretation Against Draftsmen . ..... .......... .......................................... ,.............. ...
Further .Acts......,.............................................................................................. ....1—
23
23
47,
48.
Litigation........,.................................................................,......:..........,.................23
Third Party Beneficiary...............................................................................................:..24
49.
No Partnership.................................................................................................................24
50.
Amendments and Modifications... ...... ......... "... .................... ................ 1...,............
24
51.
IVliscelhaneous ......................................................... ,.......................................... ..........
24
52.
Entire Agreement......................:..................................................................................:.:24
53,
Radon Gas .......................... .....................................I...........................
24 .
54,
Authority ...............................:.....................................................................................25
Exhibit
A: Property
Exhibit B: Manner of Property Use
REVOCABLE LICENSE AGREEMENT
This revocable license agreement ("Agreement") is entered this ,day of jkeBkr,2011,
(but is effective as of the Effective Date as hereinafter defined) by and between the City of Miami, a
municipal corporation of the State of Florida (the "City"), and Miami Rowing and Watersports Center,
Inc. ("Licensee"), a nonprofit organization under the'laws of the State of Florida,
RECITALS
WHEREAS, -the City and Licensee desire and intend to enter into a revocable License
agreement; and .
WHEREAS,, this Agreement is not assignable; and
WHEREAS, this Agreement is revocable at -will by the City and without the consent of :the
Licensee; and .
WHEREAS,. this Agreement does not transfer an interest in real property including any
ieasehold interest in real property owned by -the City; and
WHEREAS, this Agreement does not confer a right to use any real property for any general
purposes; and
WHEREAS, this Agreement does not convey or transfer any right to exclude the City from any
real property; and
WHEREAS, this Agreement permits only certain, enumerated, specific and listed permitted
uses.and.does not permit.anything further.;.and
NOW THEREFORE, in consideration of the mutual covenants set forth herein, the parties.
hereby agree as follows.
1. Recitals.
The foregoing recitals are hereby incorporated and made a part of this Agreement.
2, Definitions.
a) "Additional Percentage Fee" is 12% of Gross Revenues from Licensee's operations, which
includes those operations by Program Operators that enter into agreements with Licensee
to provide the activities outlined in Section 4 of this Agreement.
b) "City Manager" is the City -Manager for the City of Miami.
c) "City -sponsored Event" shall mean an event sponsored by the City on the Property.
d) "City's Use Fee" is the monthly fee that Licensee pays to the City, as the case may be, for the
use of the Property.
e) "Director" shall mean the Director of the Department of Parks and _Recreation for the City
of Miami.
f) "Effective Date" shall be October 1, 2010.
g) "Environmental Laws" means all applicable requirements of federal, state -and local
environmental, public health and safety laws, regulations, orders, permits, licenses,
approvals, ordinances and directives, including but not limited to, all applicable
requirements of, the Crean Air Act; the Clean Water Act, the Resource Conservation and
Recovery Act, as amended by the Hazardous and Solid Waste Amendments of 1984; the Safe
Drinking Water. Act; the Comprehensive Environmental Response, Compensation and
Liability Act, as amended by the Superfund Amendments and Reauthorization Act of 1986;
the Occupational Health and Safety Act; the Toxic Substances Control Act; the Pollutant
Discharge Prevention and Control Act; the Water Resources Restoration and Preservation
Act; the Florida Air and Water Pollution Control Act; the Florida Safe Drinking Water Act;
and the Florida Environmental Reorganization Act of 1975.
h) "Permitted Uses" means Licensee shall occupy and use the Property primarily for water
recreational and educational opportunities as more particularly described in Section 4.
i) "Program Operators" shall be other entities that provide activities at the Property pursuant
to an agreement with Licensee to provide activities and services as permitted pursuant to
Section 4 entitled "Permitted Uses". The City shall not be included In the definition of
"Program Operator".
j) "Property" shall mean 1.49,700 square feet or 3.44 acres of City. -owned real property,
located at 3601 Rickenbacker Causeway, Miami, Florida, as more particularly shown and
described in the survey found in Exhibit "A" and Exhibit "B" attached hereto and made a
part hereof.
k) "Special Event" shall mean activities at the Property which exceed the scope of the regular
program activities conducted at the Property and outlined in Section 4 and Exhibit B of this
Agreement.
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3. This Agreement Confers No Exclusive Possession of the Property.
This Agreement confers no -exclusive possession of the Property, The Licensee cannot exclude
the City from the Property.
This Agreement solely authorizes Licensee to the temporary use of the Property 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 Licensee hereunder are not those of a tenant, but
are a mere personal privilege to do certain acts.of a temporary character on the Property and to .use .th.e, ,
Property, subject to the terms of this Agreement. The City retains dominion, possession and control of
the Property. Therefore, no lease interest in. the Property is conferred upon Licensee under.'the
provisions hereof. Licensed does not and shall not claim at any time any interest or estate of any kind or
extent whatsoever in the Property by virtue of this Agreement or its use of the Property hereunder.
Additionally, Licensee does not and shall not.claim at any time any interest or estate of any.kind or
extent whatsoever in the Property by virtue of any expenditure of funds by the Licensee for
improvements, construction, repairs, partitions, or, alterations to the Property which maybe authorized
by the City.
4. Permitted Uses.
Subject to existing zoning and other governmental restrictions and the issuance of this
Agreement, this Agreement authorizes the Licensee to occupy and use the Property primarily for public.... . .
water recreational and educational activities,, which activities may include rowing, kayaking; paddling,
group and individual instruction, lectures, clinics, classes, camps; together with associated ancillary uses,
and for no other purpose whatsoever (the "Permitted Use"). Receptions, conferences, meetings,
socials, and any other Special Events being held at or around the Property will be permitted via parks
use permit only. The use of jet skis and motorized vessels is -strictly prohibited (The only exception is.
when a motorized vehicle (non -jet ski) is used as safety boat to accompany kaya' ks, rowing sculls, or
sailboats that are part of these Permitted Uses), No other uses except those provided for'in this Section
are allowed. Youth (non -adult) residents of the City of Miami shall not be required to obtain a
membership in order to participate in the rowing program and other programs.
Licensee shall ensure that the Property and all of Licensee's activities thereon, or resulting from,
in connection with or relating to Licensee's use of the Property, shall be available to all segments of the
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community including the physically disabled and financially disadvantaged. Licensee shall operate,
manage, supervise and administer activities during its use of the Property as an independent contractor
and not as an employee of the City. Licensee may request written consent from the Director to use the
Property for any other use, but shall not be authorized to use the Property for that -use until Licensee
has received the written consent of the Director, which consent may be conditioned or withheld in.the
Director's sole discretion.
The sale, distribution and/or consumption of'alcoholic beverages at the Property is prohibited,
unless specifically authorized..in'writng in advance of the event by the Director in connection with a
Special Event"and•provid'ed that Licensee obtains all required permits, complies with all laws and. codes,
and provides insurance, coverage for liquor liability in a form acceptable to the City.and in an amount not
less than $2,000,000 per occurrence.
Licensee shall be authorized to operate concession sales subject to application and approval by.. ;
the Director whose approval maybe conditioned or withheld in.his sole discretion; Cbncession sales; may
only be authorized during the specific days and hours the licensee operates its programs.
The use of the Property by Licensee shall be conditioned upon approval or a waiver of use by the .
State of Florida Department of Environmental Protection (DEP) to the City. The City shall promptly give
notice to Licensee in the event the waiver is terminated by DEP for said use of the Property. In the
event DEP charges the City a state fee for said use, either. party may terminate this agreement; with
thirty (30) days prior w.ritternnotice in accordance with Section 9 of the Agreement..
5. Program Operators. '
Licensee shall be solely responsible for all of its activities during its use at the Property. The
Licensee shall be allowed to enter into professional services agreements with Program Operators that
wish to provide the activities set forth in Section 4, subject to obtaining the prior written approval of the
Director, which approval may be conditioned or withheld in his sole discretion. Licensee's agreements
with Program Operators shall include a provision that Program Operators, shall comply with the terms
and conditions of this Agreement including, but not limited to, the requirement to pay the Percentage
Fees in accordance with Section 13 herein and obtain required insurance in accordance with Section 28.
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6. Manner of Property Use.
Licensee's use of the Property is nonexclusive and Licensee acknowledges that other users may.
use the Property and shall not conflict with other Property users, Licensee acknowledges and agrees to
abide by the terms and .obligations as set forth in Exhibit "B" attached hereto and made a part hereof,
rebated to the services to be provided, manner of operation, use areas, and maintenance and utility
obligations.
7. Term. .
This Agreement is revocable -at -will by the City. Unless this Agreement is revoked or•terminated
as provided in this Agreement; this Agreement shall commence .upon the Effective Date, and shall expire,
automatically on September 30, 2015. Provided Licensee is not in violation of the Agreement, Licensee
is hereby granted the option• to extend this Agreement for one (1) additional five-year (5) renewal .:
option period, upon expiration ofthe initial.License.term period under the same•terms and conditions•of
the initial Agreement term upon the mutual consent of both parties. Licensee shall request such
renewal in writing no later than ninety (90) days prior to the expiration, Renewal .of this Agreement is
subject to approval by the City of Miami Commission.,
8. Automatic'Termination.
Licensee and its Program Operators,. agreeto abide by each and every term and condition of this.
Agreement.. If Licensee violates the terms, restrictions or conditions of this Agreement, then the City
may give it ten (10) days written notice within which to cease such violation or correct.such deficiencies. .
Upon Licensee's failure to do so, this Agreement.shall be automatically canceled without the need for
further action by the City. Notwithstanding this provision or any other provision in this Agreement, this
License extended to the Licensee is revocable -at -will by the City, through its City Manager, without the
consent of the Licensee: -,
9. Cancellation by Request of Either of the Parties Without Cause.
Either party may cancel this Agreement at any time with thirty (30) days prior written notice to
the non -cancelling party,
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10. This License Agreement is Not Assignable.
.able..
Licenseeshall not sell, assign this Agreement, or any part thereof to any other party, The
License granted by this Agreement is personal to the Licensee. Any assignment sale -or transfer of this
Agreement contrary to the:foregoing provision, whether voluntary or involuntary, shall be void and shall '
confer no right upon such assignee, shall constitute a violation under this Agreement, and shall result in
an immediate forfeiture of the rights of Licensee hereunder.
11. Use Fee.
Commencing on the. Effective Date of this Agreement, -and on the first day of .each month
thereafter during the term of the Agreement, Licensee shall *pay to the City a monthly Use..Fee of Two
Thousand. Dollars ($2,000,00), plus State of Florida State Use Tax, if applicable, for the.license to use the
City's Property. On October 1, 2015, Licensee's Use Fee shall be increased. to Two Thousand Five
Hundred Dollars ($2.,500.00), The Use fee shall, be. due. each month without notice or .demand.
Payments shall be made payable to "City of Miami" and shall be ,mailed to 444 S.W. 2nd Avenue, 6th
Floor, Finance Department, Attention: Treasury Management/Receipts, Miami, Florida 33.130,.or such
other address as may be designated from time to time from the City Manager. licensee. shall be.
responsible for any cost associated with its programs operated on the Property, including but not
limited to, security, equipment, and insurance during its operating hours,
12, Prior -Years' Percentage Fees.
The City asserts a•claim against Licensee for outstanding percentage fees, currently past due, in
a total amount of Thirty-five Thousand Six Hundred Fifty and 22/100 Dollars ($3;5,650,22), for Licensee's'
Fiscal Years 2007, 2008, and 2009 ("Past Due Fees"). Licensee�denies any liability in connection with the
alleged claim. Both the City and the Licensee wish to reach a full and final resolution of all matters
arising out of this claim. This resolution is a material .inducement for the City and the Licensee to enter
into this Agreement.
12.1 Payment. , Licensee covenants to pay to the City, on the first day of each month
commencing June 1, 2011 for a period of fifty-two (52) months, a monthly payment equal to Five
Hundred Ninety-four and 17/100 Dollars ($594,17), for prior -years' percentage fees ("Monthly
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_,0
Payments")
.12.2 Delayed approval. Should the approval of this Agreement by City Commission
occur after June 1, 2011; -the Monthly Payments.. shall commence on the firstday.of the month -
immediately following City Commission approval, and shall .continue until September. 30, 2015,
12.3 Pavment Shortfall. There is, contemplated, a shortfall of Four Thousand Seven
Hundred Fifty-three and 36/100 Dollars ($4,753.36) between the Past Due Fees and the Monthly
Payments ("Payment Shortfall"), which represents eight (8) monthly payments of Five .Hundred Ninety-
four and 17/100 Dollars ($594.17) for the period beginning October 2010 and ending May 2011. Prior to
the exercise of the first option to renew this Agreement,. Licensee covenants to pay -to -,the, City a lump,,.,
sum payment, equal to the Payment Shortfall.. Should, however; the Monthly Payments be subject to
delayed City Commission' approval, as described in Section 12..2, the Payment Shortfall shall- be adjusted
to equal the difference, then existing, between the Past Due Fees and total Monthly Payments.
For exampled if this Agreement is approved in July 2011, .the Monthly Payments shall commence on
August 1, 2011, with the last ,payment due September 1, 2015 (fifty Monthly Payments) .for a total of
Twenty-nine Thousand Seven Hundred Eight and 52/100 Dollars ($29,708.50). The Payment Shortfall
now equals Five Thousand Nine Hundred Forty-one and 70/100- Dollars ($5,941:70), i.e. the difference .
between the Past Due Fees and the total Monthly Payments.
13. Additional Percentage Fee.
In addition to the payment of the Use Fee as provided for in Section, 11, commencing on the
Effective Date, Licensee and each Program Operator, if applicable, shall pay monthly to the City a fee in
the amount of twelve percent (12%) of their respective Gross Revenues derived from their respective
use of the Property, plus State of Florida Use taxes, if applicable (hereinafter "Additional Percentage
Fee"). On or before the thirtieth (30th) day following the end of each month, Licensee shall remit its
and the Program Operator's Additional Percentage Fees to the City. If the Licensee exercises Its option
to renew, the Additional Percentage Fee shall be increased to thirteen percent (13%) for the renewal
period.
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For purposes of this Agreement, the term "Gross Revenues" shall include the following revenue
received by Licensee:
a) . all revenue from services, program fees and membership dues;
b) all revenue derived from advertising and sponsorships conducted on the Property;
C), all revenue from concession sales;
d) all ether receipts whatsoever of all business conducted in or from the Property; .
e) all revenue from sales and services generated on or from the Property;
.f) all revenue received, by Licensee or 'any business entity or venture which has
involvement of Licensee's principals, in connection with the use of the Property,: any
facility thereon,- or any portion thereof for any period of time, including without
limitation, special events, regattas, or tournaments, held on the Property, or at Marine
Stadium;
g) all grants, subsidies, -rebates, credits -or similar benefits received, from any federal, state, .
-regional- or local body; agency, authority, department or organization which revenues .
are unrestricted or are to be used for general operating expenses.
h) all donations and contributions received which revenues are unrestricted or are to be
used forgeneral operating expenses.
No deduction shall be allowed for direct or -indirect discounts, unless generally offered to.,
employees or the public on a uniform.basis. „
Gross Revenues shall not include the following: .
a) any amount of any sales, use or gross, sales tax imposed by any federal, state -:or
governmental authority directly on sales and collected from customers,, provided that
the amount .is added to the selling price therein and paid -by the Licensee to such
-governmental authority;
b) col.lection.of insurance proceeds;
C) monies collected for"events that are done for charities wherein the total amount
collected is paid to the charitable sponsor or not-for-profit organizations;
d) all gratuities paid to employees;
e) any grants, subsidies, credits or similar benefits received from any federal, state,
regional or local body, agency, authority, department or organization which revenues
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are restricted or for capital expenditures to the Property;
f) any donations or contributions which revenues are restricted for capital expenditures,
including capital improvements for boats and equipment, as approved by the City, to
the Property;
Grpss, Revenues, whether for cash, credit, credit cards or otherwise, shall be recognized in the
period the service was provided or sale took place. Payments received in advance are deferred and are .
recognized as revenue in the•period the service is rendered or sale takes place. Grants.shall be recorded
as income during the period designated by the grants or when the Licensee has incurred expenditures in.
compliance with the restrictions of the, grantor. If a sale is by credit card no deduction shall be allowed
for any commission associated with such sale.
Gross Revenues shall be reduced by the amount of any refund .made upon any.sale. in or from, the
Property, provided said amounts had been previously included in "Gross Revenue," -not to exceed .the
sum so previously included,- where the merchandise sold- is thereafter returned. by .the purchaser and
accepted .by.the Licensee, and if such refund is in ;the form.of a credit to customer, such credit shall be .
included in Gross Revenues when used.
14. Financials._
Within ninety (90) days •after the end of its fiscal ,year, Licensee shall deliver or cause .to be
delivered to the City of Miami's Director, Department of Public Facilities, whose address is 444 S.W..2.'d .
Avenue, 3rd 'Floor, Miami, FL 33130, an audited financial statement for the Licensee's and Program
Operators' fiscal year which includes the Licensee's and the Program Operator's gross revenues; Such
financial statement shall be prepared.by Licensee's accountant, employed respectively at Licensee's and
the Program Operator's sole cost and expense; In the event Licensee or a Program Operator is unable to
timely submit the audited financial statement and provided Licensee and the Program Operator has
commenced and diligently pursued, the completion of the audit, Licensee and the Program Operator
may request from the Director a thirty (30) day extension to complete the audit which' -request shall not
be unreasonably denied. Said accountant shall attest that such statement is prepared in accordance
with generally accepted accounting princlples and practices and represents the Gross Revenues, other
revenues, if any, for the period indicated therein.
Notwithstanding the above and during the Term described in Section 7 of this Agreement and
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for a period expiring three (3) years after the expiration of the Term, at its option, the City may, at its
sole cost and expense, audit Licensee and the Program Operator's business affairs, records, fines, sales
slips and sales tax records in connection with Licensee and the Program Operator's sales on, from or
related to the Property for the period covered by any financial statement, report or record furnished to .
the City.
Licensee and its Program Operators shall allow the City or auditors of the City to inspect all or-.,.
any part,of the source documents and records for the, aforesaid monthly reports. Said inspection shall.,
be conducted at the sole discretion of the City. Records shall be available Monday through Friday,
inclusive, between the hours of 8:00 AM and 5:00 PM at the Licensee's address provided in Section 3.6 of .
this Agreement. Copies requested by the City shall be furnished to the City at no cost:
15. Returned Check Fee.
In the event any check is returned to the City as uncollectible, the Licensee shall -pay to the'City a
returned check fee (the "Returned Check Fee") based on the following schedule:
Returned Amount Returned Check Fee
$00.01- 50.00 $20.00
$50.01- 300.00 $30.00 .
$300.01 800,00 $40.00
OVER $800 5•% of the returned amount,
Such Returned. Check Fee shall constitute additional fees due and payable to the City by
Licensee, upon the date`of payment of the delinquent payment referenced above. Acceptance of such
Returned Check Fee by the City shall not, constitute a waiver of Licensee's violations with respect to
such overdue amount nor prevent the'City from the pursuit of any remedy to whichthe City may
otherwise be entitled.
16. Late Payments.
Licensee hereby acknowledges that -late payment by the Licensee to. the City of the use fee, .
percentage fee and other sums due hereunder will cause the City to incur costs not contemplated by
this Agreement, the exact amount of which will be extremely difficult to ascertain. Accordingly, if any
installment of the use fee, percentage fee or any other sum due from Licensee shall not be received by
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the City within fifteen (15) days after the date on which such sum is due, Licensee shall pay to the City
a late charge equal to 5% of such overdue amount. The parties hereby agree that such late charge
represents a fair and reasonable estimate of the costs the City will incur by reason of late payment by.
Licensee. Acceptance of such late charge by the City shall not constitute a waiver of the. Lice'nsee's
violation with respect to such overdue amount, nor prevent the City from exercising any of its other
rights and remedies granted hereunder or at law or in equity.
Any amount not paid to the City within fifteen (15) days -after the date on which such amount
is due shall bear interest at the rate'of 12% per annum from its due' date. Payment of such. interest
shall not excuse or cure any violation by Licensee under this Agreement.
17, Security Deposit
Notwithstanding anything to the contrary, the City shall retain the sum of Seven Hundred F=ifty
Dollars ($750:00) from the Revocable License Agreement between the City and Licensee; dated April 27,
2007, as Security for this Agreement (the "Security").
If Licensee is in violation beyond any applicable notice or cure period, the City may use; apply
or retain all or any part of the Security for the payment of (i) any fee or other sum of money which
Licensee was obligated to pay ,but did not pay, (ii) any sum expended by City on Licensee's behalf in.
accordance with the provisions of this Agreement, or (iii) any sum which City may expend or be required
to expend -as a result of Licensee's violation. Should the City use, apply or retain -all or. any part of the
Security, Licensee shall reimburse the amount used; applied or retained within fifteen (15) days of the
City's application''of the Security. The use, application or -retention -of the Security or any portion thereof
by the City shall not prevent the City from exercising any other right or remedy provided for under this
Agreement or at law and shall not limit any -recovery to which the City may be entitled otherwise.
Provided Licensee is not in violation of this Agreement, the Security or balancethereof, as the
case may be,'shall be returned to Licensee after the expiration date or upon any later date after which
Licensee has vacated the Area in the same condition or better as existed on the Effective Date, ordinary
wear and tear excepted. Upon the return of the Security (or balance thereof) to the Licensee, the City
shall be completely relieved of liability with respect to the Security. Licensee shall not be entitled to
receive any interest on the Security.
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18, taxes.
Licensee shall pay before any fine., penalty, interest or costs is added for nonpayment, any and
all .charges, fees, .taxes or assessments levied against the Property [collectively Assessments], its
proportionateshare of use of the. Property and/or against personal property of any kind, owned by.or
placed in, upon or about the Property by Licensee, including,. but not limited to, ad valorem taxes, fire
fees, and parking surcharges. In the event Licensee appeals an Assessment, Licensee shall immediately
notify the City of its intention :to appear said Assessment and shall furnish and keep in effect a surety
bond of a responsible and substantial surety that is reasonably acceptable to the City or other security
reasonably satisfactory to the. City in an amount sufficient to pay one hundred percent of the contested
Assessment with all interest on it and costs and expenses, including reasonable. attorneys' fees,.to be
incurred in connection with it. Licensee agrees to pay such Assessments either in lump sum or on an
installment pian.
Failure of -the Licensee to pay any Assessment or any installment payment thereof: shall
constitute a violation under this Agreement.
19. Condition of the Property and Maintenance.
Licensee accepts the Property "as is", in: its present condition and state of repair condition and
without any representation by or on behalf of the City, and .agrees that the City shall, under no
circumstances,, be liable for any latent, patent. or .other. defects.in the Property. Licensee shall provide all
maintenance tot.. _ ...... ... ...... ...... . ............ .. _.._. .. .... .
he Property in. accordance withExhibit "B", except roof and structural portions, of the
building.
20. Alterations, Additions or Replacements.
Except in the event of an emergency, Licensee shall not make any repair without first receiving
the written approval of the City Manager or his/her designee, which approval may be conditioned or
withheld for any or no reason whatsoever, including a condition to pay additional fees if such alteration
will affect the cost of services being provided by the City. If the City approves such request, no repair or
alteration shall be commenced until plans and specifications therefore shall have been submitted to and
approved by the City Manager or his/her designee,
In the event of an emergency, Licensee shall reasonably proceed to perform such repair work and
12
shall immediately notify the City of such work.
21... Construction. Liens,
The Licersee shall not knowingly suffer or permit any mechanics' liens to 'be filed against the .
title to the Property by reason of work, labor, services or materials supplied to the Licensee or,anyone
having.a right to. possession of the Property as a result of an agreement with or without the consent of
the .Licensee, Nothing in this.Agreement shall be construed as constituting the consent or request of
the City, expressed 'or implied,. by inference or otherwise, to any contractor, subcontractor, laborer or
materialma.n for the performance of any labor,or the furnishing of any materials, for any specific work
on -the Property nor as giving the Licensee the right, power or the City to contractfor or permit -the
rendering of any services or the.furnishing of any materials that would give rise to the filing:of any
mechanics' liens against the City's interest in the Property if any construction lien .shall at anytime be
filed against the Property, the Licensee shall cause it to be discharged of record within thirty (30) days
after the date that it has notice of its filing, Licensee shall not be required to p.ay•or.-discharge any'
construction lien within the. thirty (30) day period, so long as, Licensee shall in good faith .proceed to
contest .the, lien by appropriate proceedings. It shall furnish reasonably satisfactory evidence,that
funds are or will be available to pay the amount.of the contested lien claim with all interest..on it and
costs and expenses, including reasonable attorneys' fees to be incurred in connection with it. If
Licensee does not..1) cause. a mechanics' lien to be discharged of record within thirty. (30) days.after.the.. , .•
date Licensee -has notice of the:filin of a lien or 2 Licensee does not in good faith
- - - •^g ) g proceed to contest
the lien by appropriate proceedings within the thirty (30) day period, then Licensee shall be in violation
of the Agreement.
.22. Licenses, Authorizations and Permits.
Licensee shall obtain, or cause to be obtained, and maintain in full force and effect throughout
the term of this Agreement, at its sale expense, all licenses, authorizations and permits that' are
necessary for Licensee to conduct its public water recreational and educational activities.
Licensee shall be responsible for paying the cost of said applications and obtaining said licenses,
authorizations and permits.
13
23. No Liability.
In no event shall the City be liable or responsiblefor injury, loss or damage to the property,
improvements, fixtures and/or-equipment belonging to or rented by Licensee, the Program. Operators,
their officers, agents,, employees, invitees or patrons occurring in or about the Property that .may.be
stolen, destroyed;.or in any way damaged, including, without limitation, fire, flood, steam; electricity,
gas, water, rain,.vandalism or theft which may leak or flow from or into any part of the Property, or from
the breakage, leakage, obstruction or, other, defects of the pipes, sprinklers, wires; appliances, plumbing,
air conditioning or lighting fixtures of the Property, .or from hurricane or any act of God or any act of
negligence of any user of the facilities or occupants of the Property or any person whoms;oeve.r, whether
such damage or injury results from conditions arising upon the Property. or .upon other portions of the
Property or from other sources. Licensee indemnifies the City its officers, agents and employees from
and against any and all such claims, even if the claims, costs, liabilities, suits, actions, .damages or causes
of action arise from the negligence or alleged negligence of the City, including any of its employees,
agents, or officials.
Licensee further acknowledges that as lawful consideration for being granted the right to utilize
and occupy. the Property, Licensee, on behalf of himself,. his agents, invitees and employees, does
hereby release from any legal liability the. City, its offi'cers,' agents and employees, from any and all
claims for injury., death or property damage: resulting. from Licensee's use of the Property.
24. No, Claim to Assets or Rights, of Licensee.
By entering into this Agreement, none of the parties are granted any assets, rights, titles or
interest to the other's assets, rights, title or interests, except as otherwise set forth in this Agreement.
25. Compliance With Laws.
Licensee and/or its authorized agents agree to comply with all applicable laws, codes (including,
but not limited to, the Florida Building Code as it maybe amended), ordinances and regulations enacted
or promulgated by federal, state, county, and city government including the provisions of the Zoning
Ordinance, Charter and Code of the City. Licensee and/or its authorized agents shall also comply with
reasonable directives of the City Manager.
14
26. Additional Expenses.
Under no circumstances will the City be liable for any costs or expenses incurred by Licensee
under this Agreement or as a result of its programs or related activities beyond those that are
specifically set forth in this Agreement.
27. Indemnity, and Hold Harmless.
This Licensee voluntarily, knowingly, and freely covenants and agrees to indemnify , defend ( at
its sole cost and expense) and hold harmless, the City , its officials, and employees from all liabilities,
suits, debts, actions, claims and causes of action for personal injury, wrongful death, property loss or
damage and other causes of action referenced in this section. It is a condition precedent to the
issuance of this License that the licensee assumes all civil liability for the licensee's acts, omissions or
commissions, and from all claims, suits or actions of any kind whatsoever arising out of or resulting from
the issuance of the license, location change, compliance with applicable laws or regulations, or the
operations or activities of the licensee and shall, further, hold the city, its officials and employees,
harmless for, and defend the City, its officials and/or employees against, any civil actions, statutory or
similar claims, injuries or damages arising or resulting from the permitted work, or the Licensee's use,
actions, omissions, undertakings and activities arising by virtue of this Agreement or those of Licensee's
officials, employees, invitees, guests, agents or representatives. This indemnity / hold harmless will
apply even if it is alleged that the City, its officials and/or employees were negligent. The licensee shall
insure that adequate safety precautions are in effect at all times during the term of the permit. This
Section obliges the Licensee to defend the City , its officials and employees through competent defense
counsel the cost of which shall be paid by the Licensee through administrative, litigation, and appellate
proceedings. This required indemnification and hold harmless shall survive the revocation or expiration
of the revocable license agreement and shall be included in the license agreement. The licensee
voluntarily and knowingly acknowledges that the granting of any such license is sufficient, independent
and valuable consideration for the giving of such indemnity, and hold harmless.
15
28. Insurance.
Licensee, at its sole cost, shall obtain and maintain in full force and effect at all times throughout
the period of this Agreement, the following insurance coverage:
Commercial General Liability
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
Damage to Rented Premises
$100,000
Endorsements Required
City of Miami included as an additional insured
Primary Insurance Clause Endorsement
Contingent Liability & Contractual Liability
Premises & Operations Liability
Ii, Business Automobile Liability
Limits of Liability
Bodily Injury and Property Damage Liability
Combined Single Limit
Any Auto/Owned Autos/Scheduled
Including Hired, Borrowed or Non -Owned Autos
Any One Accident $ 500,000
Endorsements Required
City of Miami included as an additional insured
III. Worker's Compensation
Limits of Liability
Statutory -State of Florida
Waiver of subrogation
Employer's Liability
Limits of Liability
$500,000 for bodily injury caused by an accident, each accident.
$500,000 for bodily injury caused by disease, each employee
$500,000 for bodily injury caused by disease, policy limit
16
IV
V.
VI.
VII
Property Coverage
The licensee shall provide coverage on business personal property against all risk
of direct physical loss (special form), and including coverage for windstorm and
hail subject to replacement cost valuation with a maximum deductible of $2,500
all perils, except for 5% on the perils of wind and hail. The certificate should also
include coverage for business income including extra expense, and primary flood
coverage. City should be listed as loss payee on the property certificate.
Protection & Indemnity
Include Jones Act, if applicable
MOLL (If Applicable)
Liquor Liability (if Applicable)
VIII. Umbrella Liability (Excess Follow Form)
Each Occurrence
Policy Aggregate
City of Miami Fisted as an additional insured
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
The above policies shall provide the City of Miami with written notice of
cancellation or material change from the insurer 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.
In the event Licensee shall fail to procure and place such insurance, the City may, but shall not be
obligated to, procure and place same, in which event the amount of the premium paid shall be paid by
Licensee to the City as an additional fee upon demand and shall in each instance be collectible on the
first day of the month or any subsequent month following the date of payment by the City. Licensee's
failure to procure insurance shall in no way release Licensee from its obligations and responsibilities as
provided herein.
17
29. Safety,
Licensee 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, Licensee shall have no recourse
against the City, its agents, or representatives from the occurrence, non-occurrence or result of such
inspection(s). Upon issuance of a notice to proceed, the Licensee shall contact the Risk Management
Department at (305) 416-1700 to schedule the inspection(s).
30. Americans With Disability Act,
Licensee 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, Licensee shall take affirmative steps to
ensure nondiscrimination in employment of disabled persons.
31. City Access To Property.
The City and its authorized representative(s) shall have at all times access to the Property. The
City will maintain a complete set of keys to the Property. Licensee, at its sole cost and expense, may
duplicate or change key locks to the Property but not until first receiving written approval from the
Director for such work. In the event Licensee changes key locks as approved by the Director, Licensee,
at its sole cost and expense, must also provide to the City a copy or copies of said keys, if more than one
copy is required.
The City shall have access to and entry into the Property at any time to (a) inspect the Property,
(b) to perform any obligations of Licensee hereunder which Licensee has failed to perform after written
notice thereof to Licensee, Licensee not having cured such matter within ten (10) days of such notice, (c)
to assure Licensee's compliance with the terms and provisions of this Agreement and all applicable laws,
ordinances, rules and regulations, (d) to show the Property, to prospective purchasers, Licensees or
others, and (e) for other purposes as may be deemed necessary by the City Manager in the furtherance
of the City's corporate purpose; provided, however, that City shall make a diligent effort to provide at
18
least 24 -hours advance notice and Licensee shall have the right to have one or more of its
representatives or employees present during the time of any such entry. The City shall not be liable for
any loss, cost or damage to the Licensee by reason of the exercise by the City of the right of entry
described herein for the purposes listed above. The making of periodic inspection or the failure to do so
shall not operate to impose upon the City any Liability of any kind whatsoever nor relieve the Licensee of
any responsibility, obligations or liability assumed under this Agreement.
32. Public Records.
Licensee understands that the public shall have access, at all reasonable times, to City contracts,
subject to the provisions of Chapter 119, Florida Statutes, and agrees to allow access by the City and the
public to all documents subject to disclosure under applicable law.
33. Nondiscrimination.
Licensee represents and warrants to the City that Licensee does not and will not engage in
discriminatory practices and that there shall be no discrimination in connection with Licensee's use of
the Property on account of race, color, sex, religion, age, handicap, marital status or national origin.
34. No Discrimination in Hiring.
In the performance of this Agreement or any extension thereof, Licensee and/or its authorized
agents shall not discriminate against any employee or applicant for employment because of sex, age,
race, color, religion, ancestry or national origin. Licensee and/or its authorized agents will take
affirmative action to insure that minority applicants are employed and that employees are fairly treated
during employment without regard to their sex, age, race, color, religion, ancestry, or national origin.
Such action shall include, but not be limited to, the following: employment, upgrading, demotion or
transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of
compensation.
35. Conflict of Interest.
19
Licensee is aware of the conflict of interest laws of the City (Miami City Code Chapter 2, Article
V), Dade County, Florida (Dade County Code, Section 2-11.1 et. seg.) and of the State of Florida as set
forth in the Florida Statutes, and agrees that it will fully comply in all respects with the terms of said laws
and any future amendments thereto.
Licensee further covenants that no person or entity under its employ, presently exercising any
functions or responsibilities in connection with this Agreement, has any personal financial interests,
direct or indirect, with the City. Licensee further covenants that, in the performance of this Agreement,
no person or entity having such conflicting interest shall be utilized in respect to services provided
hereunder. Any such conflict of interest(s) on the part of Licensee, its employees or associated persons,
or entities must be disclosed in writing to the City.
36. Waiver of JurvTrial; Attorney's Fees.
The parties hereby knowingly, irrevocably, voluntarily and intentionally waive any right either
may have to a trial by jury in respect of any action, proceeding or counterclaim based on this
Agreement, or arising out of, under or in connection with this Agreement or any amendment or
modification of this Agreement, or any other agreement executed by and between the parties in
connection. with this Agreement, or any course of conduct, course of dealing, statements (whether
verbal or written) or actions of any party hereto. This waiver of jury trial provision is a material
inducement for the City and Licensee entering into the subject transaction. In the event of any litigation
between the parties arising out of this Agreement, each party shall bear their own attorney's fees.
37. Notices.
All notices or other communications, which shall or may be given pursuant to this Agreement
shall be in writing and shall be delivered by hand, telecopy, or registered mail addressed to the other
party at the address indicated herein. Such notice shall be deemed given on the day on which hand
delivered; faxed or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever
Is earlier.
If to City of Miami: City Manager
City of Miami
3500 Pan American Drive
Miami, Florida 33133
20
C
With a copy to: City Attorney
City of Miami
444 SW 2nd Avenue
Suite 945
Miami, Florida 33130
Department of Parks & Recreation
City of Miami
444 SW 2"d Avenue, 8th Floor
Miami, Florida 33130
Department of Public Facilities
City of Miami
444 SW 2nd Avenue, 3"d Floor
Miami, Florida 33130
If to Licensee: Miami Rowing and Watersports Center, Inc.
Attention: President
3832 Shipping Avenue
Miami, Florida 33146
38. Advertising.
Licensee shall not permit any signs or advertising matter to be placed either in the interior or
upon the exterior of the Property without having first obtained the approval of the Director or his/her
designee, which approval may be withheld for any or no reason, at his sole discretion. Licensee shall, at
its sole cost and expense, install, provide, maintain such sign, decoration, advertising matter or other
things as may be permitted hereunder in good condition and repair at all times. Licensee must further
obtain approval from all governmental authorities having jurisdiction, and must comply with all
applicable requirements set forth in the City of Miami Code and Zoning Ordinance. Upon the
cancellation of this Agreement, Licensee shall, at its sole cost and expense, remove any sign, decoration,
advertising matter or other thing permitted hereunder from the Property. If any part of the Property is
in any way damaged by the removal of such items, said damage shall be repaired by Licensee at its sole
cost and expense. Should Licensee fail to repair any damage caused to the Property within ten (10) days
after receipt of written notice from the City -directing the required repairs, the City shall cause the
Property to be repaired at the sole cost and expense of Licensee. Licensee shall pay the City the full cost
of such repairs within five (5) days of receipt of an invoice indicating the cost of such required repairs.
21
Licensee hereby understands and agrees that the City may, at its sole discretion, erect or place upon the
Property an appropriate sign Indicating City's having issued this Agreement.
99. Waiver.
Any waiver by either party or any breach by either party of any one or more of the covenants,
conditions or provisions of this Agreement shall not be construed to be a waiver of any subsequent or
other breach of the same or any covenant, condition or provision of this Agreement, nor shall any failure
on the part of the City to require or exact full and complete compliance by Licensee with any of the
covenants, conditions or provisions of this Agreement be construed as in any manner changing the
terms hereof to prevent the City from enforcing in full the provisions hereto, nor shall the terms of this
Agreement be changed or altered in any manner whatsoever other than by written agreement of the
City and Licensee.
40. Ownership Of Improvements.
As of the Effective pate and throughout the Term of this Agreement and any extension thereof,
Licensee agrees that all buildings and improvements constructed by Licensee on the Property shall not
be erected without prior approval of the City Manager and upon completion thereon shall be vested in
the City. Furthermore, title to all Alterations made in or to the Property, whether or not by or at the
expense of Licensee, shall, unless otherwise provided by written agreement, immediately upon their
completion become the property of the City and shall remain and be surrendered with the Property.
41. Surrender Of Property.
Upon the expiration of this Agreement or in the event of cancellation pursuant to revocation,
"Cancellation By Request Of Either of the Parties Without Cause" or "Automatic Termination", or at the
expiration of the time limited by the notice, Licensee shall peacefully surrender the Property broom
clean and in good condition and repair together with all alterations, fixtures, installation, additions and
improvements which may have been made in or attached on or to the Property. Upon surrender,
Licensee shall promptly remove all its personal property, trade fixtures and equipment and Licensee
shall repair any damage to the Property caused thereby. Should Licensee fail to repair any damage
caused to the Property within ten (10) days after receipt of written notice from the City directing the
22
0
I
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required repairs, the City shall cause the Property to be repaired at the sole cost and expense of
Licensee. Licensee shall pay the City the full cost of such repairs within ten (10) days of receipt of an
invoice indicating the cost of such required repairs. At the City's option, the City may require Licensee
to restore the Property so that it shall be as it was on the Effective Date.
In the event Licensee fails to remove its personal property, equipment and fixtures from the
Property within the time limit set by the notice, said property shall be deemed abandoned and
thereupon shall become the sole personal property of the City. The City, at its sole discretion and
without liability, may remove and/or dispose of same as the City sees fit, all at Licensee's sole cost and
expense.
42. Compliance with Environmental Laws.
Licensee represents and warrants that during the term of this Agreement, it will not use or
employ the property, or any other City -owned property, to handle, transport, store or dispose of any
hazardous waste or substances and that it will not conduct any activity at the Property or other City -
owned property in violation of any applicable Environmental Laws.
43. Invalidity.
In the event that any non -material provision of this Agreement shall be held to be invalid for any
reason, such invalidity shall not affect the remaining portions of this Agreement and the same shall
remain in full force and effect.
44. Time of Essence.
It is expressly agreed by the parties hereto that time is of the essence with respect to this
Agreement. If the final day of any period falls on a weekend or legal holiday, then the final day of said
period or the date of performance shall be extended to the next business day thereafter.
45. No Interpretation Against Draftsmen.
The parties agree that no provision of this Agreement shall be construed against any particular
party and each party shall be deemed to have drafted this Agreement.
23
46. Further Acts.
In addition to the acts and deeds recited herein and contemplated to be performed, executed
and/or delivered by the parties, the parties each agree to perform, execute and/or deliver or cause to be
performed, executed and/or delivered any and all such further acts, deeds and assurances as may be
necessary to consummate the transactions contemplated hereby.
47. Litigation.
Any dispute herein shall be resolved in the courts of Miami -made County, Florida. The parties
shall attempt to mediate any dispute without litigation. However, this is not intended to establish
mediation as a condition precedent before pursuing specific performance, equitable or injunctive relief.
48. Third Party Beneficiary.
This Agreement is solely for the benefit of the parties hereto and no third party shall be entitled
to claim or enforce any rights hereunder.
49. No Partnership.
Nothing contained herein shall make, or be construed to make any party a principal, agent,
partner or joint venturer of the other.
50. Amendments and Modifications.
No amendments or modifications to this Agreement shall be binding on either party unless in
writing, approved as to form and correctness by the City Attorney, and signed by both parties. Renewal
or amendments to this Agreement is subject to approval by the City of Miami Commission.
51. Miscellaneous.
Title and paragraph headings are for convenient reference and are not a part of this Agreement.
52. Entire Agreement.
24
This Agreement represents the entire understanding between the parties hereto as to the
subject matter hereof, and supersedes all prior written oral negotiations, representations, warranties,
statements or agreements between the parties hereto as to the same. There are no promises, terms
and conditions, or obligations other than those contained herein, and no party has relied upon the
statements or promises of the representatives of any party hereto.
53. Radon Gas.
Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in
sufficient quantities, may present health risks to persons who are exposed to it over time, levels of
radon that exceed federal and state guidelines have been found in buildings in Florida. Additional
information regarding radon and radon testing may be obtained from your county public health unit.
54. Authority.
Each of the parties hereto acknowledges it is duly authorized to enter into this Agreement and
that the signatories below are duly authorized to execute this Agreement in their respective behalf.
REMIANRER-OFTHIS PAGE LEFT INTENTIONALLY BLANK
25
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duty executed and
delivered by their respectiveofficers and hereunto duly authorized as of the date first above written.
ATTEST:
By: .
W
Signature e
B�,
Print Name
LICENSEE:
Miami Rowing and Watersports Center, Inc. a
nonprofit rgani tion under th laws of the
State of FI ri
By:
Signa ure
Print Name
'"'°l.
(Corporate Sea[)
CITY OF MIAMI,
ATTEST: a municipal corporation of the
State. of Florida
Priscilla A, Thompson, 'C-
City
CI 'C City Clerk
APPROVES AS TO IN U iANCE APPROVED AS TO LEGAL FORM
RECZUIR�MENTS: AND CORRECTNESS:
7
w
Calvin Ellis, Dircto Julie D. Bru %
Depart ent of Risk anagement City Attorney
26
o
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PC -446.3
EXHIBIT B
MANNER OF PROPERTY USE
1. Definitions
A, "Department" shall mean the City of Miami Department of Parks and Recreation.,
B. "Property" shall mean approximately 149,700 square feet or 3,44.-
2. Services and Use Areas
Basic Services. Licensee hereby acknowledges that the following are the Basic. Services
that Licensee and its Property Operators are authorized to operate at the Property and
their hours of use:
MRWC
Provides masters and similar rowing, kayaking and paddling
activities at this facility Weel<days from approximately 5:00 AM — 8:00 PM
and on weekends from 6:00 AM to 11:00 AM.
a Provides outrigger canoe paddling outside the basin Wednesdays
from approximately 5:30 PM — 7:30 PM and weekends from 8:00 AM
12:00 PM.
■, Provides dragonboat paddling activities weekends from
approximately 9:00 AM 2:00 PM and Tuesdays, Wednesdays and.
Thursdays from 5:00 PM — 8,00 PM.
A Provides youth rowing including use of weight room and rowing
- ... ergonom.ic).--machines—during---the--month-s---of September to --June- -on-
weekdays from approximately 3:30 PM — 7:30 PM and on weekends from
8;00 AM —12:00 PM.
Provides youth and adult rowing for the months of June, July
and August on weekdays from approximately 8:00 AM — 12:00 PM and .
4:30 PM -- 8:00 PM, MRWC and the Department shall review this.
program's operations every two weeks -to ensure they remain compatible.
and that strict supervision is provided as set forth herein. The
Department shall have the right to male programmatic changes in the
event that the MRWC youth program and the Department's aquatic
program develop operational conflicts which could include, but .is not
limited to, restructuring hours of operation., requiring additional
supervision or canceling the program.
Any programming conflicts resulting from the Basic Services provided above shall be
resolved by the Director in his or her sale discretion.
A. Licensee may from time to time utilize the Property for "Additional Services"•
upon the expressed written approval of the Department. An Additional Service is
hereby defined as a program or service that is consistent with the Permitted Uses more
fully set forth in Licensee's Revocable License Agreement with the City and which
Additional Service is offered on a routine or continuing basis, i.e. not a onetime event
or Special Event.
B. Special Events
The Department shall. have the sole authority, discretion and responsibility for
authorizing Special Events and the related permit at the Property, the collection of fees
in connection therewith, and establishing permittee liability insurance requirements to.
utilize the Property for a Special Event. Any inquiries made from outside parties to the.
Licensee for a Special, Event should be referred to -the Department. In the. event the City
Issues a permit. -to a non -Licensee permittee, the City shall have the sole responsibility to,
clean or caused to be cleaned the Property and repair any damages resulting from the
Special Event.
For purposes of this Agreement, the term "Special Events" as it relates to the
Licensee shall mean activities at the Property, which exceed the scope of the regular
program activities, especially, but',not in .anyway limited to events. which. involve a
charge to the membership or public. If the Licensee elects to have a Special Event, it
shall, at its sole cost and expense, obtain the prior written approval of 'the Department,
obtain all applicable permits and pay any and all other costs associated with the
issuance of any permits including, but not limited to, the cost of additional insurance,
off-duty police, fire -rescue services and cleanup related to the Special Event.
C. Use Areas
i. Licensee shall have the nonexclusive right (in common with other
occupants'of th'e'Pr`6perty) to use 'M corn Ion areas of th'e`Property, for'th'e
purposes 'Intended, subject to such 'rules and regulations as the City may
establish from time to time.
ii, The use areas set.forth below are for the purpose of prioritizing the use
of'space at the Property. Notwithstanding, Licensee shall have the right to use
other portions of the Property not specifically identified below subject to its
availability and with the Department's authorization and for the limited purpose
of providing its Permitted Use as defined in its Revocable License Agreement
with the City. Licensee shall keep these common areas clear of clutter.
(a) MRWC shall have the right to store four (4) dragonboats on the
ground level of the boathouse in the area depicted in Attachment A.
(b) MRWC shall have the right to exterior storage for additional
dragonboats in location depicted in Attachment B, subject to maintaining a
through -fare to the water in the boatyard area.
2
(c) MRWC shall have the right to additional exterior storage in such
other locations that may be available as determined by the Department, in its
sole discretion.
(d) MRWC shall have the right to use other areas of the Property
subject to availability and with the Department's authorization.
(e) MRWC shall have the right to store its rowing and paddling
vessels within the remainder of the boathouse.
(f) • ' MRWC shall have the right to exterior storage of vessels in the.
area depicted in Attachment B, subject to maintaining a through -fare -to the
water in.th.e` boatyard area..
(g) MRWC shall have the right.to use the maintenance/repair area as
depicted in Attachment i3.
(h) MRWC shall have the right to locate one storage trailer and two
storage containers in the area depicted in Attachment B and conditioned -.on -the,
-trailer. having all its required permits.
(i) MRWC shall ensure that it'launches its'vessels during the months
of May, June, July, and August at times not in conflict with the Departme'nt's
program activities who will be launching safety and chase vessels and rotating
activities on the hour and each half hour. In the event that both the Licensee and
the Department are launching vessels at the same time (as for instance in the
mornings during summer rowing camp sessions), .the two groups shall share the
launch space cooperatively, making room for each other's uses.
(j) MRWC shall have the right to use the weight /ergometer room
during the Term, provided that during the months of May through August the .
Department shall have use of 'said room when not in use by MRWC in its summer,.
rowing camp.
(k) MRWC shall have the right to utilize the Property to conduct its
annual Miami International Regatta, the Sunshine State Games, the Cystic
ribrosis,Kayalc Challenge, Miami Masters Regatta, Miami Paddlefest, the.South
Florida Rowing Championships, and their Blue Blazer Night, as listed with the City
of Miami Special Events Committee which shall include set-up and dismantling
time on the day before and day after,
(1) The Department and MRWC shall, provide strict supervision of
their program participants and shall repair, at their sole cost, any damage caused
by its respective officers, employees, participants, invitees and guests.
(m) Licensee shall have the non-exclusive privilege to use the common
area parking of the Property and adjacent City parking area not being utilized by
others, at no additional cost. Licensee shall also have the non-exclusive privilege
to use Marine Stadium parking not being utilized by others for Special Events,
but such use shall be subject to additional cost per City Code 53-53.
3
(n) Licensee shall work cooperatively to schedule and provide a
program of activities, at its sole cost, during the summer and in cooperation with
.the Department for their designated Miami City youth participants. The City will
provide transportation for such participants.
(o) The City of Miami reserves the right to use the Property, at no
cost, during the Term provided that such use shall be done in such a manner as
to minimize, any interference with approved programs of the respective
Licensees. The City shall make every effort to provide advance notice to the
Licen••sees.- The Property facilities will be closed for use by the City by 8:00 p'.m.
on weekdays and '5:00 p.m. on weekends; unless prior notice is provided to.the
City by a Licensee and permission is granted by the -Parks Department manager.
D. General Meetings and Events
Licensee shall have the right throughout the Term to'use the meeting room in
connection with its Permitted Use, subject to its availability. Licensee shall coordinate
said use with the Department, providing sufficient advance notice to its representative.
Licensee shall clean the meeting room, common' areas, and other areas it may have
used at the conclusion of its activities. Failure to clean the area may result in the
revocation of th is privilege at the sole discretion of the Department.
3. Licensee's Duties and Responsibi i ies
During the Term, Licensee, at its sole cost and expense, shall perform and oversee all
tasks related to the provision of its programs, including, but not limited to, the following:
1) be "responsible for the provision, installation, repair, maintenance and
replacement of all equipment necessary for its programs;
ii) p.rouide_ade.q.ua e_person.n.el-to.-pr-ov-id,e._q,ual.ity-ser-nice .at -all -times. The .City .
shall notify Licensee of any employees of Licensee that are not deemed to be
performing in the best interest of the City;
iii) upon conclusion of its activities, clean .the Property and secure any movable
equipment.in_the designatedstorage areas;
iv) provide security as is required for similar facilities for its Permitted Uses;
v) insure that all appropriate equipment and lights have been turned off and
appropriate doors locked at the close of operation within 'the Property each
day;
vi) assume all operating costs, except as provided herein, retain all receipts and
be responsible for payment of all labor, operating supplies and all other
general administration expenses related to its Permitted Uses;
vii) at all times during the Term continuously conduct operations in the Property
in accordance with the terms of this Agreement, except where the Property
is rendered unusable by reason of fire or other casualty;
M
4,
viii) be responsible for compliance of any applicable laws to operate the business
and to provide copies of the operational licenses, permits and, required
inspection certificates to the City upon request;
ix) pay all federal, state and local taxes, which may be assessed against its
operations, equipment, or merchandise while in or upon the Property.
Maintenance and Utilities
A. Utilities:
In consideration of their shared, use, of the Property, the Licensee agrees and
acknowledges that the expenses for,water and electric utilities•will be paid to the City on
a monthly reimbursement basis in the following pro -rations:
Water
electric
MRWC 35% '
40%
City 65%
60%
' ' TOTAL, 100%
100%
B. The respective monthly amounts obligated by sub -part (A) of this section shall be
paid to the City on the first day of each month along with the monthly Use Fee, which
amount shall be based on the. average monthly water and electric charge incurred by
the City., . The Licensee shall install a sub-meter,for the water utility. Once a meter has
been installed, the City shall be responsible far.100% of the monthly water fess incurred,
forte pool on Licensee see shall be responsible forthe monthly water fees incurred for
the Property, as indicated by the sub meter.
C. ' Janitorial Services:
i.Licensee shall provide litter control and janitorial services including the
provision of supplies, minor plumbing tasks such as un -clogging sinks and
toilets at least three times per week (e.g. Monday, Wednesday, and
Friday) and must provide adequate hand towels given the level of use by
patrons to the Property. Any Program Operator,.for their part, shall pay
a monthly fee of $1.00 for janitorial services. Each organization shall
provide clean-up and janitorial services immediately after their own
Special Events and/or provide for such 'clean-up and janitorial services
through the Department of Parks and Recreation, irrespective of the date
the event occurs.
5
ii. Except for the janitorial services above, the Department shall provide all
routine maintenance and repairs to the building, including all plumbing,
electrical, heating, and air conditioning systems and equipment, all doors,
floor coverings, interior walls, ceilings, decoration (e.g., carpeting,
painting, wall coverings, drapes and other window treatments, etc.), and
all fixtures and equipment therein throughout the Term, unless such
maintenance and/or repair becomes necessary due to the misuse, act,
neglect, fault or omission of a Licensee, its employees, agents, customers,
licensees, or invitees in or about the Property, in which case the
respective Licensee shall bear the sole cost and expense of the repair.
Con
Payment Schedule
1. Monthly Beginning
$2000.00
Monthly Use Fee
August 1, 2011 through
$594.17
Prior -Year Percentage Fees
September 1, 2015
12%
Percentage Fee
2. September 30, 2015
$5,941.70.
Prior -Year Percentage Fees Lump Sum
Due prior to renewal as set forth in
Section 12 of this Agreement
3, October 1, 2015
$2,500.00
Monthly Use Fee
13%
Percentage Fee
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MIAMROW-01 CHAR
A�,..-''- ®" CERTIFICA N'E OF LIABILITY INSURArrCE PATE,MMIDDIYYYY,
8/23/2011
PRODUCER (252) 261-1903 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
First Flight Insurance Group, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
P.O. Box 1048 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
4112 N. Croatan Highway ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Kitty Hawk, NC 27949
INSURERS AFFORDING COVERAGE NAIL #
INSURED Miami Rowing & Watersports Center INSURER A: Certain Underwriters at Lloyds 39217 _
3601 Rickenbacker Causeway. INSURERB:
Virginia Key, FL 33149 � opo 1. —
COVERAGES
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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
/NSR
LTR
ADD'L
INBRO
TYPE OF INSU C
POLICY NUMBERATE
POLICY EFFECTIVE
(NLM—IDD[)L)
POLICY EXPIRATION
DA7MMNDIYYYY
LIMITS
REPRESENTATIVES,
GENERAL LIABILITY
EACH OCCURRENCE
$ 2,000,000
A
X
X COMMERCIAL GENERAL LIABILITY
CLAIMS MADE ® OCCUR
SA01709-R1.10581
1/1/2011
1/1/2012
DAAGE TO RENTED
PREMISES Eaoccurence
$� 100,000
MED EXP (Any one person)
$ 10,000
T P&I
PERSONAL &ADV INJURY
$ 2,000,000
X
Regatta Liability
GENERAL AGGREGATE
$ 3,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS -COMPIOPAGG
$ 2,000,000
X POLICY I PRO• LOC
A
AUTOMOBILE
LIABILITY
ANY AUTO
SA01709-R1-10581
1/1/2011
1/1/2012
COMBINED SINGLE LIMIT$
(Ea acoldent)
1,000,000
BODILY INJURY
(Per person)
W
$
ALL OWNED AUTOS
SCHEDULED AUTOS
X
X
HIRED AUTOS
NON -OWNED AUTOS
I�
1�v
U
r 1�
t ...•
u u •-
lI
BODILY INJURY
(Per aceldenl)
$
PROPERTYDAMAGE
(PeraccidenI)
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
$
OTHERTHAN EA ACC
$
ANY AUTO
$
AUTO ONLY; AGG
EXCESS 1 UMBRELLA LIABILITY
EACH OCCURRENCE
$
OCCUR CLAIMS MADE
AGGREGATE
$
$
I
$
R DEDUCTIBLE
$
1
RETENTION $
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNERIEXECUTIVEY�
OFFICERIMEM$ER EXCLUDED?
WC STATU- 0TH.
TORY LIMITS. ER
E.L, EACH ACCIDENT
$
E.L. DISEASE - EA EMPLOYE
$
(Mandatory In NH)
If yes, describe under
SPECIAL PROVISIONS below
E.L. DISEASE • POLICY LIMIT
$
OTHER
DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Rowing Club at the following location: 3601 Rickenbacker Causeway, Virginia Key, FL 33149 CERTIFICATE HOLDER IS LISTED AS AN
ADDITIONAL INSURED WITH RESPECT TO LIABILITY
CERTIFICATE HOLDER CANCELLATION
'
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of Miami, Department of Parks and
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
Recreation
444 S 2nd Avenue 8th Floor
444
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
Miami, FL 33130 -
,
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES,
AUTHORIZED REPRESENTATIVE
ACORD 25 (2009101) O 1988-2009 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
MIAMKUW-U9 UHAA
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the pollcy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s),
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).
DISCLAIMER
This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized
representative or producer, and the certificate holder, nor does it affirmatively or negatively amend,
extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2009101)
n)
n
ftb CERTIFICATE OF LIABILITY INSURANCEID DATE(MM/DD/YYYY)
MIIAM106 09/07/11
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
TYPE OF INSURANCE
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
NCF Insurance Associates
HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
8700 West Flagler Street #320
ALTER THE COVERAGE AFFORDED BYTHE POLICIES BELOW.
GENERAL LIABILITY
COMMERCIAL GENERAL ,LIABILITY
CLAIMS MADE E] OCCUR
Miami FL 33174
Phone: 305-446-5474 Fax:305-444--8796
INSURERS AFFORDING COVERAGE
NAIC#
INSURED
INSURER. A: Travalers xnauranco Company
$
INSURER 8:
$
PERSONAL &ADV INJURY
INSURER C:
GENERAL AGGREGATE
Miami Rowing & Watersport:s
3832 Shipin Avenue
Miami FL 33316
INSURER D;
PRODUCTS - COMP/OP AGG
INSURER E;
COVERAGES
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 CONTRACTOR OTHER DOCUMENT WITH RESPEOT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALLTHE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
NSA.
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFE TIVE
DATE MM/DD/YYYY
P LI Y EXPIRAT
DATE MM/Dp/YY�Y
LIMITS
GENERAL LIABILITY
COMMERCIAL GENERAL ,LIABILITY
CLAIMS MADE E] OCCUR
EACH OCCURRENCE
$
PREMISES Eaoccurorioa)
$
MED EXP (Any one person)
$
PERSONAL &ADV INJURY
$
GENERAL AGGREGATE
$
_
GEN'LAGGREGATE LIMIT APPLIES PER:
POLICY 0 j p El LOC
PRODUCTS - COMP/OP AGG
$
AUTOMOBILE
LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULEDAUT08
HIREDAUTOS
NON -OWNED AUTOS
h (tr
I.r . n
�\ u ��;' ��
i^�al u
.:1
`'�
'
COMBINED SINGLE LIMIT
(Ea accident)
$
BODILY INJURY
(Perperson)
$
BODILY INJURY
(Peraccldent)
$
PROPERTY DAMAGE
(Per accident)
$
GARAGE LIABILITY
ANY AUTO
AUTO ONLY - EA ACCIDENT
$
OTHERTHAN EAACC
AUTO ONLY: AGG
$
$
EXCESS / UMBRELLA LIABILITY
OCCUR 0 CLAIMS MADE
DEDUCTIBLE
RETENTION $
�J
EACH OCCURRENCE
$
AGGREGATE
$
$
$
$
A
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITYTORY
ANY PROPRIETOR/PARTNERIEXECUTIVEL]
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
It yes, describe under
SPECIAL PROVISIONS below
IAUB-5904L47--9-11
08/15/11
08/15/12
WOST IUIN.
LIMITS ER
E,L. EACH ACCIDENT
$500,000
E,L.DISEASE - FA EMPLOYEE
$500,000
E.L. DISEASE- POLICY LIMIT
$500,000
OTHER
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
CERTIFICATE HOLDER CANCELLATION
City of Miami
444 SW 2nd Avenue 4th Floor
Miami FL 33130
25 (2009/01)
SHOULD ANY OF THE ABOVE DESCRIBED. POLICIES BE CANCELLED BEFORE THE EXPIRATION
CITYM-1 DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES,
The ACORb name and logo are registered marks of ACORD
CORPORATION. All rights reserved.
(hereinafter called the "Insurer") through
First. Flight Insurance Group, Inc.
Authority Reference Number L10901
P.O. Box 1048, 4112 N. Croatan Hwy Kitty Hawk, NC 27949
POLICY DECLARATIONS
Named Insured: Miami Rowing & Watersports
Center
Policy Number: SA01709-R1-
10581
Address: 3601 Rickenbacker Causeway
C ty,St2ip: Virginia Key, FL 33149 Policy Type: Renewal
DESCRIPTION OF OPERATIONS: Rowing Club
This policy consists of the following coverage parts for which a premium is Indicated.
This premium may be subject to adjustment.
PREMIUM: $2,835.57 Marine General Liability $2,630.00 TERM, OF COVERAGE
M/nImum/Retalned: 25% Terrorism Declined Effective Date: Expiration Date:
$ N/A Less Program Discount -$
plus taxes & fees Surplus Lines Tax $133.251/1/2011 1/1/2012
Date Fully Earned: NIA Filing Fee $35.00
Adjustment Rate NIA FHCF Fee $34.65 12;01 A.M. Standard Time at your address
Stamping Fee $2.67 shown above
In return for the payment of the premium, and subject to a/1 terms of this policy, we agree with you to provide the
insurance as
stated In this policy.
LOCATIONS to which this policy applies: Form Of Business: Corporation
See Designated Operations Schedule — FFPOL - LTDESGOPS
LIMITS.OF LIABILITY SCHEDULE OF DEDUCTIBLES
See Schedule of Limits of Liability See Schedule of Deductibles
SCHEDULE OF RIDERS AND ENDORSEMENTS See attached Forms and Endorsement Schedule
LIMIT REDUCTION BY DEFENSE COSTS
Any liability limit set forth above or within this policy shall be reduced based upon the defense costs and
fees
Incurred by the Insurer as set forth in the body of this policy,
"This insurance is issued pursuant to the Florida Surplus Lines Law. Persons insured by surplus
lines carriers do not have the protection of the Florida Insurance Guaranty Act to the extent of any
right of recovery for the obligation of an insolvent unlicensed Insurer. Surplus Lines Insurers'
policy
rates and forms are not approved by any Florida Regulatory Agency."
4112 N Croaten Hwy, Kitty Hawk, NC 27949 #EO92092
1/19/2011
Date:
1/19/2011
Per:
Date: Countersigned By:
The insured is requested to read this policy, and if incorrect, return it immediately for alteration.
THIS POLICY CONTAINS A CLAUSE(S) WHICH MAY LIMIT THE AMOUNT PAYABLE. -
THIS POLICY DOES NOT AUTOMATICALLY RENEW
FFPOL-DECCOM (0610)
Policy Period: 1/1/2011 - 1/1/2012
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ CAREFULLY.
LIMTS OF LIABILITY
SCHEDULE
Primary General Liability and P&I Watercraft Liability Limits
$3,000,000 Aggregate
$2,000,000 Each Occurrence
INCLUDED P&I Liability
INCLUDEDRacing/Regatta Liability
$2,000,000 Products & Completed Operations Liability Limit & Aggregate
$2,000,000 Personal & Advertising Limit
$1,000,000 Crew/Instructor Limit & Aggregate
$1,000,000 Hired & Non -Owned Auto Liability Limit & Aggregate
Sub Limits
$100,000 Fire Damage to Rented Premises Per Fire Limit & Aggregate
$10,000 Medical Payment (Per Person)
Form 100HE (0210)
Type Year Manufacturer Hull ID # Amount
2x 2001 Empacher K34NO76 Kosowsky $10,000
2x 1998 Vega 98 Salmon $5,000
8+ 2007 Resolute RZUUL0818H007 $26,500
8+ 2007 Resolute RZUL8157AO07 $26,500
8+ 2006 Vespoli VUALF425K505 Helen $25,500
8+ 2002 Vespoli VUACF150D202 $20,000
8+ 1999 Vespoli VUACA265HS98 $17,000
8+ 2000 Vespoli VUADA073B000 $14,000
8+ 1998 Vespoli VUACC276H898 Open $9,000
8+ 1994 Vespili IADCGL7-259 $6,000
4+ 2001 Vega 341 $8,000
4+ 2001 Vega 615 $8,000
4+ 1998 Vespoli JOCHE $7,000
4+ 1997 Vespoli VUAI13228C797 Mendio $6,000
4+ Resolute $15,000
4+ Vespoli $14,000
Motor 2004 Yamaha 15HP 66MS1015451 #4 $2,000
Motor 2002 Yamaha 15HP 684KS1011200 #2 $2,000
Motor 2005 Yamaha 15HP 66MS1021270 #5 $2,000
Motor Yamaha 20HP $3,500
Motor Yamaha 20HP $2,500
Quad BBG $14,000
Quad 2001 Vega 305 $7,300
1x 1993 Empacher K18F520 $5,000
1x 199.7 Vega 305 $4,000
Total Hulls $259,800
Trailer 2006 Wintech 1A95A41206C460968 $14,375
Trailer 1233BS815G100371 $2,000
Trailer 2010 Tandem Axle 7x14 $4,135
Total $20,510
0 0
MIAMI ROWING & WATERSPORTS CENTER, INC.
CORPORATE RESOLUTION
August 9, 2011
WHEREAS the Miami Rowing & Watersports, Inc., Board of Directors met on
Tuesday, August 9, 2011, at 7:00 PM. A quorum of directors was present.
WHEREAS a motion was made by Director Robert Behar to authorize, the
President of the Miami Rowing & Watersports Center, Inc., Eddie Mortalvo, to
execute the Revocable License Agreement between the Miami Rowing &
Watersports Center, Inc., and the City of Miami. This motion was seconded by
Director Marina McGuire -McCabe. All directors present voted in favor of the
motion.
THEREFORE, the Miami Rowing & Watersports Center designates Eddie.
Montalvo, President of the Miami Rowing & Watersports Center, Inc., as our
authorized representative to execute the Revocable License Agreement on
behalf of the Board of Directors.
Witnessed and Recorded,
tawv"V
William R. O'Donnell, P.E. SECS
Secretary, Miami Rowing &Watersports Center, Inc.
Mailing Address: 3832 Shipping Avenue, Miami, FL 33146
305-444-8520
Physical Address: 3 601 Rickenbacker Causeway, Virginia Key, FL