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Home My Public Portal About14-8873 Allow Amusements of AmericaSponsored by: Commissioner Santiago RESOLUTION NO. 14 -8873 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANATIALLY THE FORM AS ATTACHED, TO ALLOW AMUSEMENTS OF AMERICA, INC. TO STAGE A FIVE (5) DAY CARNIVAL AT INGRAM PARK; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Opa -locka has received a request from St. Kevin's Episcopal Church to allow Amusements of America, Inc. to stage a five -day carnival, from November 26 through November 30, 2014, utilizing Ingram Park; and WHEREAS, the Mayor and City Commission wish to allow the use of Ingram Park on the condition that all terms of the Agreement, in substantially the form as attached, are agreed to by Amusements of America, Inc.; and WHEREAS, the City will require, as provided in the Agreement, that all insurance and indemnifications be provided to protect the City; and WHEREAS, the City will not be required to expend any funds for this event. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference. Section 2. The City Commission of the City of Opa -locka hereby authorizes and directs the City Manager to execute on behalf of the City of Opa -locka the Agreement, in substantially the form as attached, to allow the use of Ingram Park by Resolution No. 14 -8873 Amusements of America, Inc., for the period of November 26 through November 30, 2014. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 12th day of November, 2014. Attest to: J nna Flores C y Clerk Moved by: Seconded by: Commission Vote: Commissioner Kelley: Commissioner Pinder: Commissioner Santiago Vice -Mayor Holmes: Mayor Taylor: 4c� MYRA TX4LOR MAYOR Approved as to form and legal sufficiency: ,�6 ViVA - Joseph S. Geller hn Dellagloria GREENSPOO ARDER,PA City Attorney COMMISSIONER PINDER VICE MAYOR HOLMES 4 -1 YES YES YES NO YES 2 THE GREAT CITY ,yf.� ryi r� TEMPORARY SPECIAL EVENTS USE PERMIT AGREEMENT BETWEEN THE CITY OF OPA -LOCKA AND AMUSEMENTS OF AMERICA. THIS TEMPORARY USE PERMIT Agreement is made and entered into at the City of Opa- locka, Florida, this day of , 2014, by and between the City of Opa- locks, a political subdivision of the State of Florida, and Amusements of America, a foreign corporation, registered to do business in Florida, for the use of Ingram Park from November 26, 2014 through November 30, 2014. WHEREAS, Amusements of America ( "Permittee ") has requested the temporary use of Ingram Park ( "the Property ") for a five -day carnival, from November 26, 2014 through November 30, 2014; and WHEREAS, the City of Opa -locka ( "City "), consents to the request of the Permittee upon the conditions stated below. NOW THEREFORE, in consideration of the mutual covenants entered into between the City and the Permittee ( "the Parties "), it is covenanted and agreed to as follows: 1. The Property will be available to the Permittee from 7 a.m. through 10 p.m. beginning November 26 through November 30, 2014. 2. (i) Permittee accepts the Property "As Is ", in its present condition and state of repair, and without any representation by or on behalf of the City, and agrees that the City shall, under no circumstance, be liable for any latent, patent or other defects on the Property. Permittee, at its sole cost, shall maintain the Property in its current order and repair, and in a clean, safe and sanitary condition and shall suffer no waste or injury thereto. Permittee shall be responsible for all repairs to the Property required or caused by Permittee's use of any part thereof. (ii) Permittee agrees to maintain the area at its own costs and expense. (iii) Permittee shall pay all fees and taxes in connection with the use of the Property, and shall not allow any liens to be placed on the Property. 3. The Property shall be used for rides, amusement games, direct concession sales and food sales, ad for no other purposes. 4. In no event shall the City be liable or responsible for injury, loss or damage to the Property, improvements, fixtures and /or equipment belonging to or rented by Permittee, its 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, theft, or from the breakage, leakage, obstruction or other defects of the pipes, wires, appliances, plumbing, air conditioning, lighting fixtures, hurricane or any act of God or any act of negligence of any user of the Property or occupants of the Property or any person whomsoever whether such damage or injury results from conditions arising upon the Property or from other sources. Permittee 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. Permittee further acknowledges that as lawful consideration for being granted the right to utilize and occupy the Property, Permittee on behalf of itself, its agents, invitees, and employees, does hereby release from any legal liability the City, its officers, agents, and employees, from any and all claims for injury, death or property damage resulting from Permittee's use of the Property. 5. INSURANCE Prior to Permittee, its agents, employees, representatives, contractors, sub - contractors, consultants or anyone else directly or indirectly employed by any of them entering upon the Property for the purpose of performing the Permitted Uses as defined herein, the Permittee shall obtain and maintain throughout the Use Period, the types and amounts of insurance coverages in such reasonable amounts as approved by the City's Risk Management Director protecting the City, against all claims for personal injury, bodily injury, property damage, and regulatory actions by governmental agencies arising out of or related to the activities undertaken by the Permittee upon the Property and naming the City as an additional insured. All policies and /or certificates of insurance are subject to review and verification by the City's Risk Management Department prior to insurance approval. The City's Risk Management Department reserves the right to make reasonable changes in the types and amounts of insurance coverage as necessary. The Permittee shall provide the following amounts and types of insurance: (i) Bodily Injury and Property Damage Liability (Each Occurrence) $3,000,000 (ii) Business Automobile Liability Limits of Liability Bodily Injury and Property Damage Liability Any Auto, Owned Autos, Scheduled Autos Including Hired, Borrowed or Non -Owned Autos Any One Accident $1,000,000 The City shall be included as an additional insured. 6. The Permittee shall indemnify, hold harmless and defend the City from and against any and all claims, suits, actins, damages or causes of action of whatever nature, for any personal injury, loss of life or damage to property sustained in or on the Property, by reason of or as a result of Permittee's use or operations thereon, and from and against any liens, orders, judgments or decrees which may be entered thereon, and from and against all costs, attorney's fees, expenses and liabilities incurred in and about the defense of any such claims and the investigation thereof, 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. 7. At the sole and complete discretion of the City, if Permittee in any manner violates the restrictions and conditions of this Agreement, then, and in such event, the City Manager may cancel this Agreement without the need for further action by the City. 8. The Permittee may not assign or transfer this Agreement or any portion of any privilege of occupancy and /or use granted by this Agreement. 9. No amendments or modifications to this Agreement shall be binding on either Party unless in writing, signed by both parties and approved by the City Manager. The City Manager is further authorized to make non - substantive amendments to such Agreement, as needed, with terms and conditions more particularly set forth in the Agreement, subject to City Attorney's approval. 10. Any litigation arising under this Agreement shall be tried in Miami -Dade County, Florida with Florida law to apply irrespective of any conflict -of -laws principle, and the prevailing Party shall receive all costs and fees, including at any appellate level. 11. This instrument and its attachments constitute the sole and only agreement of the parties hereto and correctly sets forth the rights, duties and obligations of each to the other as of its date. Any prior agreements, promises, negotiations or representations not expressly set forth in this Agreement are of no force or effect. 12. The City recognizes that there is an agreement between the Permittee and St. Kevin's Episcopal Church of the City of Opa- locka. By the ratification of this Agreement by St. Kevin's, the Church recognizes that it is bound by all terms of this Agreement with the exception of the insurance requirements. City Of Opa- locka, Florida Executed as of the date above - written Kelvin Baker, City Manager attest: Joanna Flores, Clerk Approved as to Form: Joseph S. Geller / John Dellagloia, City Attorney Ratification Amusement of America Amusement of America Authorized Representative St. Kevin's Episcopal Church ratifies and, with the exception of the insurance requirements, agrees to be bound by the above terms and conditions. St. Kevin's Episcopal Church