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HomeMy Public PortalAbout15-9105 EXECUTE AN AGREEMENT W/ST KEVINS EPISCOPAL CHURCH AND J AND J AMUSEMENTS Sponsored by: Commissioner Santiago RESOLUTION NO. 15-9105 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH ST. KEVIN'S EPISCOPAL CHURCH AND J & J AMUSEMENTS TO STAGE A FIVE (5) DAY CARNIVAL AT INGRAM PARK; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, The City received a request from St. Kevin's Episcopal Church to allow J & J Amusements to stage a 5-day carnival from November 25, 2015 to November 29, 2015, utilizing Ingram Park; and WHEREAS, The City Commission of the City of Opa-locka, Florida, desires to allow the use of Ingram Park on the conditions that all of the Amusement, in the Agreement, substantially in the form as attached, are agreed to by St. Kevin's Episcopal Church and J &J Amusements; and WHEREAS, The City will require, as provided in the Agreement, that all insurance and indemnification be provided to protect the City; and WHEREAS, The City will require J & J Amusements and/or St. Kevin's Episcopal Church to cause a Temporary Use Permit to be issued by the City; and WHEREAS,The City will not be required to expend any funds for this event. NOW THEREFORE, BE IT RESOLVED THAT 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 manager is hereby authorized and directed to execute on behalf of the City of Opa-locka the Agreement, in substantially the same form as Resolution No. 15-9105 attached, to allow the use of Ingram Park by St. Kevin's Episcopal Church and J & J Amusements, for the period of November 25, 2015 through November 29, 2015. Section 3. A Temporary Use Permit is hereby required. Section 4. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 28th day of October, 2015. ` if , - L. Taylor Mayor Attest to: Approved as to form and legal sufficiency: Joar. a Flores Vincent T. Brown, Esq. City lerk The Brown Law Group, LLC City Attorney Moved by: COMMISSIONER PINDER Seconded by: COMMISSIONER KELLEY Commissioner Vote: 5-0 Commissioner Kelley: YES Commissioner Pinder: YES Commissioner Santiago: YES Vice Mayor Holmes: YES Mayor Taylor: YES J & J AMUSEMENTS RIDES-SHOWS-CONCESSIONS FOR FAIRS,CELEBRATIONS AND SPECIAL EVENTS John A Richardson Bus 330-542-2892 P.O. 485 Fax 330-542-2050 New Middletown,Oh. 44442 Cell 330-623-0066 CONTRACT AND AGREEMENT This contract entered into this 22nd day of September 2015, by and between J & J Amusements, party of the first part and St. Kevin Episcopal Church and the City of Opa Locka,hereinafter referred to as the party of the second part. WITNESSETH: That in consideration of the sum of one Dollar and other good and valuable considerations,the receipt thereof which is hereby acknowledged by both parties hereto,the parties hereto mutually stipulate and agree as follows: J & J Amusements agrees to present their Amusement Rides, Shows and Concession, for 5 days in the City of Opa Locka, State of Florida,commencing on November 25,2015 and ending on November 29,2015 both dates inclusive. J&J Amusements will furnish adequate liability insurance as required by the state of Florida. Certificate of insurance will be sent to sponsor at least 7 days prior to the event's opening day. J&J Amusements will hold the exclusive on all mechanical riding devices, shows, and concessions for the duration of this contract. Party of the second part agrees to furnish all permits and licenses required to operate said event,police protection,trash dumpsters,and water at no charge to J&J Amusements. If operation or removal of any of the equipment is curtailed by reason of failure of party of the second part to procure proper and necessary permits,licenses,etc. to operate for period above stated,then party of the second part agrees to pay the party of the first part for any loss sustained thereby. Party of the second part to furnish a suitable location known as Sherbondy Park located at 380 Bahman ST.,Opa Locka and free gate admission tickets for all actual attaches of the party of the first part, if exhibiting where a gate admission is charged. Party of the first and second parts agrees to furnish electric current,including the connection and disconnection of transformers,if used. First party to furnish all ticket sellers. Party of the first part to have free space for concession trailer and exclusive selling right on popcorn,caramel corn,candy floss,and candy apples,without exceptions by the party of the first part. The party of the second part agrees to prohibit the sale on any part of the grounds the items listed in this paragraph by anyone except the party of the first part. Any insurance, amusement,or state tax is not considered part of the gross income. First party is not responsible for clean-up of the grounds. First agrees to pay second party 25%of the gross ride receipts for tickets sold on the grounds and 35%of advance sale wristbands, $50.00 per game concession and$100.00 per food concession. Second party agrees to supply suitable location for RV trailers, bunkhouses and support trailers. Party of the second part agrees to use their influence to prevent other like attractions from exhibiting in or near the aforesaid city until after the termination of this agreement. In case of accident or delay, strikes, labor or cancellation of insurance,fire,flood, tornados,epidemics,or material and equipment shortage,or any similar unforeseen occurrence over which the party of the first part has no control,then the party of the first part is not to be held for damages by the party of the second part. It is mutually agreed by both parties that there is no other contract or promise,either written or verbal existing between them. Both parties represented within this agreement have the authority to enter into and execute this contract. This contract is for the November 5-8,2015 Festival. J&J Amusements shall have first right of refusal to resign this contract for future St. Kevin Episcopal Church Festival. In witness whereof the parties hereto have set their hands this 23rd day of September 2015 by the duly authorized representatives of the parties hereto. Party of the second part J&J Amusements By: By: Witness: Witness: 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-locka, 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 201- through November 201. WHEREAS, Amusements of America ("Permittee") has requested the temporary use of Ingram Park ("the Property") for a five-day carnival, from November _.,, 201 Through November 201 , 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, through November 201 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. Executed as of the date above-written City Of Opa-locka, Florida Amusement of America BY: BY: - -City Manager Authorized Representative attest: Joanna Flores, Clerk Approved as to Form: Joseph S. Geller/John Dellagloia, City Attorney Ratification 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 BY: