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2017-30006 Resolution
RESOLUTION NO. 2017 -30006 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, WAIVING, BY 5 /7TH VOTE, THE COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY; AND APPROVING, IN SUBSTANTIAL FORM, THE MANAGEMENT AGREEMENT ATTACHED TO THIS RESOLUTION, BETWEEN THE CITY AND THE MIAMI BEACH GARDEN CONSERVANCY, INC. (CONSERVANCY), FOR THE MANAGEMENT AND OPERATION OF THE MIAMI BEACH BOTANICAL GARDEN; SAID AGREEMENT HAVING AN INITIAL TERM OF FIVE (5) YEARS, COMMENCING RETROACTIVELY ON JULY 1, 2017, AND ENDING ON JUNE 30, 2022, WITH ONE (1) RENEWAL TERM OF FOUR (4) YEARS, AT THE CITY'S SOLE DISCRETION; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE FINAL NEGOTIATED MANAGEMENT AGREEMENT, SUBJECT TO REVIEW AND FORM APPROVAL BY THE CITY ATTORNEY. WHEREAS, on January 17, 2007, the Mayor and City Commission approved a Management Agreement with Miami Beach Garden Conservancy, Inc. (Conservancy) for the operation of the Miami Beach Botanical Garden, for an initial term of five (5) years, commencing July 1, 2007 and ending June 30, 2012, with one (1) renewal option for five (5) years, commencing July 1, 2012 and ending June 30, 2107; and WHEREAS, the initial term and renewal term have expired and the Conservancy has requested a new Management Agreement so it may continue its mission to improve the Botanical Garden's contribution to a higher quality of life in Miami Beach; and WHEREAS, as directed by the City Commission at its September 27, 2016, the Administration has worked with the Conservancy to provide a new Management Agreement, a draft of which is attached hereto as Exhibit "A" (Draft Management Agreement); and WHEREAS, the basic terms and conditions of the proposed Management Agreement are as follows: • Term: Five (5) years commencing retroactively on July 1, 2017 and ending June 30, 2022, with one (1) renewal option for four (4) years, subject to the City's sole discretion. • Base Rent: $1.00 annually • Security Deposit: None • Use: Enjoyment as botanical garden; education for children and adults; visual and performing arts, special events, receptions, and community meetings; community promotion of beautification and ecological improvement; tourist destination. Duly constituted garden clubs with membership primarily in City shall have right to hold their regular meetings at the Botanical Garden at no charge. • City's Contribution: The Conservancy provides a proposed annual budget with an anticipated funding; the City evaluates and determines its contribution as part of the City's annual budgeting process; the City's contribution was $152,000 for FY16/17 and is budgeted at $152,000 for FY17/18. • Capital and Maintenance: The City is currently responsible for all capital improvements and the maintenance of all infrastructures. Conservancy is currently responsible for the grounds, horticulture, janitorial and other basic maintenance; and WHEREAS, the City, in partnership with the Conservancy, completed a $1.3 million renovation of the Botanical Garden in 2011 which included demolishing the existing concrete features; removing the existing fencing and replacing it with monolithic walls; relocating the entrance of the garden; constructing water features and ponds; constructing hardscape paths, plazas and patios; relocating landscaping and plantings; and installing new lighting and irrigation; and WHEREAS, also in 2011, the Commission adopted changes to the Chapter 82- 503(c) of the City Code in order to assist the Conservancy, consistent with other non - profit partnerships, with its fundraising efforts, allowing them to award certain naming rights for the facility in exchange for monetary contributions from private donors for capital improvements to the Botanical Garden; and WHEREAS, on November 11, 2016, February 8, 2017, and April 26, 2017 the Commission adopted additional resolutions waiving particular development regulations and concurrency requirements for the Botanical Garden, enabling the Conservancy to expand the opportunities for growth and revenue as a destination and event site; and WHEREAS, the Administration recommends that the Mayor and City Commission approve, in substantial form, the proposed Management Agreement, incorporated herein by reference and attached to this Resolution. NOW, THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission, waive, by 5 /7th vote, the competitive bidding requirement, finding such waiver to be in the best interest of the City; and approve, in substantial form, the Management Agreement attached to this Resolution, between the City and the Miami Beach Garden Conservancy (Conservancy), for the management and operation of the Miami Beach Botanical Garden; said lease having an initial term of five (5) years, commencing retroactively on July 1, 2017, and ending on June 30, 2022, with one (1) renewal term of four (4) years, at the City's sole discretion; and further authorize the Mayor and City Clerk to execute the final negotiated Management Agreement, subject to review and form approval by the City Attorney. PASSED and ADOPTED this cqS` day of 3p Piiihev 2017. ATTEST: ks 4/1 R FA L E. GRANADO, CIT T:'AGENDA\2017 \9 - September \TCED \Botanical•S;arden \B:at r joal'p i ±� ` °DSO (08- 30- 17).docx APPROVED AS TO FORM & LANGUAGE FOR EXECUTION 7 City Attorney (, Date MIAM BEACH Resolutions - C7 AG COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: September 13, 2017 SUBJECT A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING, BY 5 /7TH VOTE, A WAIVER OF COMPETITIVE BIDDING, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A NEW MANAGEMENT AGREEMENT BETWEEN THE CITY AND THE MIAMI BEACH GARDEN CONSERVANCY, INC., SUBSTANTIALLY IN THE FORM ATTACHED HERETO, FOR THE MANAGEMENT AND OPERATION OF THE MIAMI BEACH BOTANICAL GARDEN; SAID AGREEMENT HAVING AN INITIAL TERM OF FIVE (5) YEARS, COMMENCING RETROACTIVELY ON JULY 1, 2017, AND ENDING ON JUNE 30, 2022, WITH AN OPTION TO RENEW, AT THE CITY'S SOLE DISCRETION, FOR AN ADDITIONAL FOUR (4) YEARS, SUBJECT AND PURSUANT TO THE TERMS AND CONDITIONS SET FORTH IN THE AGREEMENT. RECOMMENDATION Adopt the Resolution. BACKGROUND The Miami Beach Botanical Garden ( "Botanical Garden "), located at 2000 Convention Center Drive, opened to the public on October 31, 1962, as a Miami Beach City park. Over the next two decades, the Botanical Garden served the City of Miami Beach as a vital community resource. During the late 1990s, after Hurricane Andrew significantly impacted the park, community interest was reinvigorated with the creation of the Miami Beach Garden Conservancy ( "Conservancy "). Through the Conservancy, art and cultural programming catalyzed a positive transformation in the park. Subsequently, the Botanical Garden has hosted numerous events throughout the years, from small theatrical productions and contemporary art exhibitions to successfully integrating itself with large annual events such as the Boat Show and Art Basel. The Conservancy's purpose is to support the capital improvements, programming, and grounds maintenance needs at the Botanical Garden as well as provide volunteer public information, horticultural, educational, and conservational services. Under the terms of various agreements, the Conservancy has taken over the operations of the Botanical Garden. Since July 1999, the Conservancy has initiated extensive public outreach initiatives and played an important role in the planning and implementation of the relatively recent and much acclaimed renovation of the facility's landscaping. The Conservancy also enhances the public's experience at the Botanical Garden through the support of heavily relied upon volunteer groups; organizing educational programs and cultural events, in addition to developing horticultural and physical enhancements to the site. They continue to work with the City in defining the scope of capital improvements to the Botanical Garden Page 682 of 2353 as well as implementing additional improvements through its own funding. The City, in partnership with the Miami Beach Garden Conservancy, completed a $1.3 million renovation of the Botanical Garden in 2011. The project included demolishing the existing concrete features; removing the existing fencing and replacing it with monolithic walls; relocating the entrance of the garden; constructing water features and ponds; constructing hardscape paths, plazas and patios; relocating landscaping and plantings; and installing new lighting and irrigation. Also in 2011, the Commission adopted changes to the Chapter 82- 503(c) of the City Code in order to assist the Conservancy, consistent with other non- profit partnerships, with its fundraising efforts. With the changes to the City Code, they were allowed to award certain naming rights for the facility in exchange for monetary contributions from private donors for capital improvements to the Botanical Garden. On November 11, 2016, February 8, 2017, and April 26, 2017 additional resolutions were adopted waiving particular development regulations and concurrency requirements for the Botanical Garden, enabling the Conservancy to expand the opportunities for growth and revenue as a destination and event site. ANALYSIS On January 17, 2007, the City Commission approved a Management Agreement with the Conservancy for an initial term of five (5) years, commencing July 1, 2007 and ending June 30, 2012, with one (1) renewal option for five (5) years, commencing July 1, 2012 and ending June 30, 2107. The Conservancy has requested a new Management Agreement so it may continue its mission to improve the Botanical Garden's contribution to a higher quality of life in Miami Beach. As directed by the City Commission at its September 27, 2016, the Administration has worked with the Conservancy to provide a new Management Agreement, a draft of which is attached hereto as Exhibit "A" (Draft Management Agreement). The basic terms and conditions of the proposed Management Agreement are as follows: Term: Five (5) years commencing retroactively on July 1, 2017 and ending June 30, 2022, with one (1) renewal option for four (4) years, subject to the City's sole discretion. Base Rent: $1.00 annually Security Deposit: None Use: Enjoyment as botanical garden; education for children and adults; visual and performing arts, special events, receptions, and community meetings; community promotion of beautification and ecological improvement; tourist destination. Duly constituted garden clubs with membership primarily in City shall have right to hold their regular meetings at the Botanical Garden at no charge. City's Contribution: The Conservancy provides a proposed annual budget with anticipated funding; the City evaluates and determines its contribution as part of the City's annual budgeting process; the City's contribution was $152,000 for FY16/17 and is budgeted at $152,000 for FY17/18. Capital and Maintenance: The City is currently responsible for all capital improvements and the maintenance of all infrastructures. Conservancy is currently responsible for the grounds, horticulture, janitorial and other basic maintenance. The Conservancy has used its best efforts to increase its public /private funding, through contributions and commercial activity related to the operation of the facility, resulting in the City maintaining a fairly flat annual contribution for management services, averaging approximately Page 683 of 2353 $150,000 /annually over the ten (10) year term of the previous agreement. The Conservancy's FY16/17 year to date Profit & Loss Statement is attached hereto as Exhibit "B" (FY16/17 YTD P &L). Additionally, the FY17/18 proposed Profit & Loss Statement is attached hereto as Exhibit "C" (FY17/18 Proposed P &L). The City's annual contribution for FY17/18 is $152,000, which comprises approximately 30% of the Conservancy's gross income for FY17/18, with the balance of the Conservancy's revenue derived from grants, donations, memberships, event functions, and gift shop sales. For FY18/19, the Conservancy has advised the City it intends to request a 20% increase above the City's FY17/18 Contribution, amounting to an additional $30,400. This increase would mainly be applied toward covering additional expenses arising from the water feature added in 2011 and additional staff, including horticultural staff and a customer service advisor. The customer service advisor is being requested in anticipation of additional foot traffic from the reopening of the Miami Beach Convention Center. In order to capitalize on the recent exemptions approved by the City Commission from certain concurrency and development requirements applicable to the Botanical Garden, the Conservancy is pursuing a liquor license for Botanical Garden sponsored events. Currently, liquor is only permitted under a third party vendor's license, or as part of a special event permit, which are limited to three events annually. In order to obtain the liquor license certain improvements to the kitchen are required, including installing a three compartment sink and an additional mop sink, and the relocation of a washer /dryer. The Conservancy is absorbing the costs for these improvements. On January 17, 2017, the City entered into a Design /Build Agreement with Ric -Man Construction, Inc., (Ric -Man) to develop, design, and construct the Stormwater Pump Station on 19th Street between Convention Center Drive and Meridian Avenue. As part of the scope of the Project, Ric- Man is to replace the existing seawall along the south perimeter of Collins Canal, abutting the Botanical Garden property and the Holocaust Memorial. In order to gain access to the seawall and complete its replacement, some of the surrounding landscaping and portions of the existing walkway bordering Collins Canal in the vicinity of the Botanical Garden will be affected. At the May 19, 2017, Neighborhood /Community Affairs Committee (NCAC) meeting, Sandy Shapiro, the Executive Director of the Botanical Garden, stated that the replacement of the seawall along the canal will require new landscaping, and therefore presents an opportunity to implement the 2011 Raymond Jungles' concept plan and improve the northernmost section of the Botanical Garden, along Collins Canal. Raymond Jungles, Inc. is the landscape architect that completed the design for the renovation of the Botanical Garden that took place in 2011. The vision of the design plan is for visitors and residents to access the Botanical Garden from the Collins Canal walkway, and include the addition of gated entrances along the north perimeter of the property as well as extending the plant palate to the edge of the Collins Canal. Ms. Shapiro informed the NCAC that Raymond Jungles, Inc. prepared a preliminary construction cost estimate. Further, she informed the NCAC that, once the Raymond Jungles' plan is implemented in this area, the Conservancy will be maintaining the landscape improvements. This represents a slight cost offset to the City as the landscape is currently maintained by the City's Greenspace Management Division. This does not require any modifications to the Management Agreement as this area is already part of the Botanical Garden premises. The NCAC requested the City Commission refer this item to the Finance and Citywide Projects Committee (FCWPC). The preliminary cost estimate prepared by Raymond Jungles, Inc. for this work is approximately $700,000. This number has exclusions and needs to be confirmed by the Administration. At the June 16, 2017 FCWPC meeting, the item was presented and the committee favorably recommended to Commission, to proceed with the design and construction of the improvements north of the Botanical Garden. This matter will be presented to the Commission at the September 13, 2017 meeting for consideration. Funding is available through previously appropriated funds in the current fiscal year budget. CONCLUSION Page 684 of 2353 The Administration recommends that the Mayor and City Commission adopt the Resolution approving, in substantial form, the proposed new Management Agreement with the Miami Beach Botanical Garden. Legislative Tracking Tourism, Culture, and Economic Development ATTACHMENTS: Description ▪ Resolution and Exhibit A • Exhibit B FY 16/17 YTD P&L • Exhibit C - FY17/18 Proposed P&L Page 685 of 2353 MANAGEMENT AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND THE MIAMI BEACH GARDEN CONSERVANCY INC. THIS AGREEMENT, is made and executed as of this day of 2017, by and between the CITY OF MIAMI BEACH, a municipal corporation organized and existing under the laws of the State of Florida (the "City "), and the MIAMI BEACH GARDEN CONSERVANCY, INC., a Florida not - for - profit corporation, 2000 Convention Center Drive, Miami Beach, Florida 33139 (the "Conservancy "). WITNESSETH RECITA; WHEREAS, the City is the owner of the: each Botanical Garden (the "Botanical Garden" or, in the alternative, the "Premises "), located at 2000 Convention Center Drive, Miami Beach, Florida 33139; WHEREAS, the Conservancy is an organization with merpbers committed to promotion of the Botanical Garden as a horticultural, educational, and cultural arts venue; and the Conservancy and its precedents ha:. ;'for the past nuneteen years, raised funds and volunteered time to improve the Botanical Garden's contribution to a higher quality of life in Miami Beac ue WHEREAS, the City requires vcitiz operation of the Botanical Garden so that partnership" of efforts, in funding,to fully re" li WHEREAS, of Concession Agreemen the Botanteal +ar`d, s and ly 7, 1;99, the Ci' rvanc coy edifice REAS, the `tonservaneY's information d horticultural, educational capital improvements, programming and Botanical Garden -arid rticipation in the development and an be> a strong "public /private e Botanical Garden's potential; and ommission authorized the execution of a hich permitted the Conservancy use of Center, gift shop, and the orchidariums; purpose was to provide volunteer public and conservational services, and support the building /grounds maintenance needs at the WHEREAS, on,gpr! 'i8, 2001, the City Commission approved a Management Agreement (Prior Agreement) with the Conservancy for a term of three (3) years, commencing on July 1, 2001 and expiring on July 20, 2004, with an option to renew, at the City's discretion, for an additional two (2) year term; and WHEREAS, on April 14, 2004, the City Commission approved the two (2) year renewal option and further waived, by 5/7ths vote, the competitive bidding requirements, to provide for one (1) additional year; for a total renewal term of three (3) years; and Exhibit "A" Page 688 of 2353 WHEREAS, on January 17, 2007, the City Commission approved a Management Agreement with the Conservancy for the operation of the Botanical Garden, with an initial term of five (5) years, commencing on July 1, 2007, and terminating on June 30, 2012, with an option, at the City's sole discretion, to renew and extend the Agreement for an additional five (5) year term; and WHEREAS, on June 1, 2011, the City Commission approved an amendment to the Agreement, to allow the Conservancy to award naming rights to interior portions of the Botanical Garden, in exchange for monetary contributions from private donors to fund improvements associated with future phases of the Master Plan that was approved by the City Commission on January 13, 2010; and WHEREAS, on June 6, 2012, the City Commission approved the renewal option provided for in the Management Agreement, extending the, term for an additional five (5) years, commencing on July 1, 2012, and ending on June 30 „2017; and WHEREAS, subsequent to the Conservancy's request, op September 27, 2016, the City Commission directed the Administration to negotiate _a new Management Agreement with the Conservancy; and WHEREAS, on February. 8%2017, the Corrirriission adopted Resolutions No 2017 - 29742 and on April 26, 2017 theCommission adapted Resolution No 2017 - 29832, waiving certain development regulations and concurrency requirements from the Botanical Gardens, enabling the Botanical Garden to apply for certain use and alcohol licenses; and NOW THEREFORE, in consideration of the premises of mutual covenants and conditions herein contained and ;other good and valuable consideration, the receipt and adequacy of which are h+ reby. o lusively abknowledged, it is agreed by the parties hereto a CTION 1. The . City hereby grants to the Conservancy, and the Conservancy hereby accepts fro City, this Agreemenf to manage and operate the Botanical Garden, located at 2000 ..Convention Center Drive, Miami Beach, Florida, and more fully described in Exhibit "A" (the Botanical Garden or, in the alternative, the Premises), attached hereto and ;mode dart hereof, in conformance with the purposes and for the period stated herein a d subject to all the terms and conditions herein contained and fairly implied by the terms hereinafter set forth. SECTION 2. TERM. This Agreement shall be for an initial term of five (5) years, commencing retroactively on July 1, 2017 ending on the June 30, 2022. At the expiration of the initial term herein, provided the Conservancy is in good standing and free from default hereunder, the City may, at its sole discretion, renew and extend this Agreement for an additional four (4) years, option term, under all of the terms and Page 689 of 2353 conditions contained herein. In the event the City determines not to extend the Agreement, it shall notify the Conservancy of same, in writing, no less than sixty (60) days prior to the end of the initial term. SECTION 3. BOTANICAL GARDEN PREMISES. The Botanical Garden premises subject to this Agreement, herein referred to as the Botanical Garden or, in the alternative, the Premises, shall be those facilities and spaces more specifically described in Exhibit "A ", attached and incorporated herein. Subject to the terms of this Agreement, the Conservancy:shall have the primary use and sole occupation of the Premises and shall be resporisible for its management and maintenance, as further set forth herein. SECTION 4. GOAL AND PRIORITIE The Botanical Garden shall be m Waged and developed as a multi - purpose community resource centered on an outstanding public botanical garden which provides: — Enjoyment o — Education for o — A unique and etjoya aia! events, receptions catalyst for commie imp.ovemeht of the C. eautiful botanie: ,garden d adults ue for visual and performing arts, munity meetings romotian of beautification and ecological pertaini the Garde le;tourist destination oris,e,r.vancy ihtrtd that the activities programmed in and arden continuously increase in scope and number so that s an increasing number of residents and visitors, SECTIO GARDEN. OPERtl1TION AND MANAGEMENT OF THE BOTANICAL 5.1 All activi ertaken at the Botanical Garden shall be to advance the goals and priorities set fo in Section 4 above. Subject to the terms, limitations and required approvals contained in this Agreement, the Conservancy is authorized and required, and shall have the exclusive right to: a. Manage and direct the operations and activities of the Botanical Garden; b. Maintain the grounds and garden and provide housekeeping for the facilities; Page 690 of 2353 c. Develop the Botanical Garden grounds consistent with the City-approved Master Plan and City administration of public funds including, without limitation, the allocation of General Obligation (G.0.) Bond funds; d. Develop and implement programs and activities which support and promote the goals and priorities set forth in Section 4; and e. Schedule public use of the Premises pursuant to policies and procedures consistent with the goals and priorities set forth in Section 4 and fees reflecting the reasonable expense of allowing such use, as approved by the City Commission. The City shall have the right to use the Premises, including but not limited to the meeting 'room facilities, on a space available basis, at no charge. Duly constituted garden clubs with membership primarily situated in the/ City of Miami Beach shall have the right to hold their regular meetings atte Botanical Garden at no charge. 5.2 Hours of Operation. C' hours of operation for the Botanical Garde to 5:00 pm. These hours shall not othervo written approval of the City Manager or unreasonably withheld. Notwit require the prior written conse (beyond the regular hours of operation goals and priorities in Section 4, suc Conservancy herein agree that normal or the general public.shall be from 9:00 am e extended or shortened without the prior signee, which approval shall not be the Conservancy shall not oration of the Botanical Garden or functions, consistent with the anding the City f6 orth herei eoia SECTION 6. RELATED ACTIV% g: .events; cultural events, reception, etc. 6.1 Base Use Fee Conserve se t e par and CondItQns, setforth in ths Agreeme .annuaIbase usage fee of one doflar ($1.0 'BOTANICAL GARDEN ,ORTS. nsideration for the City's allowing the o,ses, and in accordance with the terms h' shall pay to the City an er year. 6.2 Revenue fed*, otarikal Garden Related Businesses/Activities. The City herein acknowledges that the Conservancy may derive additional revenues from business(es , ducts upcnor from the Premises, including, but not limited to, event rental of the PrerniAes gift shop sales, plant sales, classes, tours, and sale of food and beverages. The onservancy herein acknowledges that any and all business(es) conducted upon the Premises shall be directly related to and consistent with the customary operation and management of a public botanical garden and consistent with the goals and priorities in Section 4. Notwithstanding the preceding, any business conducted, or contemplated to be conducted upon, the Premises shall first be approved, in writing, by the City Manager or his designee, prior to commencement of same, which approval, if given at all, shall be at the City's sole discretion. Said approval shall initially be obtained concurrent with the execution of this Agreement by the parties, by submittal of proposed uses/business(es) to be conducted by the Conservancy on the Premises, which submission shall be attached and incorporated hereto as Exhibit "B" to the Agreement. Thereafter, said exhibit shall be updated by the Conservancy, with each new proposed use/business(es) on the Premises. Additionally, the City's approval of Page 691 of 2353 any proposed uses /business(es) to be conducted on the Premises by the Conservancy shall not excuse the Conservancy from the requirements pertaining to event programming and other event scheduling requirements, as set forth in Section 10 of the Agreement. 6.2.1 Cessation /Suspension of Approved Use(s) and /or Business Activity(ies). Notwithstanding anything contained in subsection 6.2 or this Agreement, in the event that a particular use and /or business activity(ies) has been approved by the City Manager, and the City Manager thereafter, upon reasonable inquiry, determines that the continuation of such use(s) and /or activity(ies) is, or may be, inconsistent, contrary to and /or detrimental to the goals and priorities set, forth in Section 4, and /or to the health, safety and /or welfare of the residents of a d' visitors to the City of Miami Beach, then the City Manager and /or his designee, upon thirty (30) days prior written notice to the Conservancy of same may revoke, suspend, and /or otherwise disallow the objectionable uses(s) and /or business activity(ies), and :the Conservancy shall immediately cease and desist in providing, and /or continuing with, said use(s) and /or business activity(ies) within the time period and in the manner prescribed in the City's notice. In the alternative, the City Manager and /or his designee may allow the Conservancy to continue with the subject use ror business activity(ies);, ,subject to such additional guidelines, as may be determined and %established by the CityMenager, in his sole and reasonable discretion and`Judgment. The Botanical Garden shall not be used as a bar; however, there may be catered events (e.g. picnic, barbeque, dinner, luncheon, weddings, special events, etc) inci ental to the goals and priorities set forth in Section 4. 6.3 Financial Records and Re .orts '` The Conservancy shall keep on the Premises, or such 'Wier place within Miami Dade County, Florida, as approved by the City, true, accurate, ati complete records and,accounts of all receipts and expenses for businesses) beingYtransacted upon or from the Premises pursuant to this Agreement busine hallr and s ive then ity, or its designated representative, access during reasonable cords and accounts. The Conservancy shall pit:* e the City Manager or his designee, with time frames consistent with City's fiscal year. a quarterly rep ;rt of receipts and expenditures with a comparison to the stated budge ta;d projection for the balance of the budget period, due thirty (30) days after the report Within ninety (90) days after each fiscal year during the term of this Agreement, the Conservancy shall deliver to the City a written annual financial statement of the activities co>:'; ducted pursuant to this Agreement. Said statement shall be certified as true, a orate and complete by the Conservancy and by its certified public accountant. 6.4 City of Miami Beach Resort Taxes. The Conservancy shall make commercially reasonable efforts to ensure applicable resort taxes (as per Sec. 5.03. — "Tax on occupancy of hotels, etc., and on certain foods and beverages') for any activity or event at the Botanical Garden are paid in full to the City's Finance Department. In this regard, the Conservancy shall advise its clients and direct vendors regarding the obligation to pay resort taxesand shall not return any security deposit held, if any, until proof of payment has been provided. Page 692 of 2353 SECTION 7. BUDGET AND FUNDING FOR THE BOTANICAL GARDEN. 7.1 Throughout the term of this Agreement, the Conservancy shall prepare and present, on or before February 1St of each upcoming City fiscal year (October 1 - September 30), a proposed, detailed line item annual operating budget for the Botanical Garden in addition to any necessary capital improvement or replacement requests, for review and approval by the City Manager and /or his designee. Said budget shall include a projected income and expense statement; projected year -end balance sheet; and statement of projected income sources; and application of funds. Additionally, the budget shall also include, but not be limited to, the following detailed projections: a. Gross revenues by categories from all revenue sources derived from or upon the Botanical Garden (includin�y without limitation, from business uses and /or activities on the Premis,� b. Operating expenses of the Botanical Garden; c. Administrative, labor and ger>_ era i'expenses; d. Marketing, advertising and pro otion expenses; e. Energy costs, to the ,;extent not su f. Regular repairs and 7.2 Programmatic Plan. Accompanying t, e.. Conservanc Garden Programmatic: Plan for. the ne planned, and the nuber of residents an enance, to e City; extent not performed by the City. roposed annual budget shall be the Botanical scat year,etailingg the then -known activities ors anticipated to be impacted. SECTION 8. It i equip and maaa :e complies this Agreem E. ressly un is agree Is 5 " the Botani a%. ;.the undertat�t, at no part, parcel, building, structure, ied to the Conservancy; that this Agreement is a a lease; and that the Conservancy's right to operate, en: shall continue only so long as the Conservancy s, provisions, agreements, stipulations and conditions of SECTION LTETIONS, MAINTENANCE, AND REPAIRS. 9.1 Alteratioi% s 4 Mi'is understood by the parties hereto that the Conservancy shall not ' be responsible; nor required to pay for, any costs related to capital improvements or infrastructure (i.e. including, but not limited to, plumbing and sewer lines, major electrical, structural, etc.) with regard to the Premises. Notwithstanding the foregoing, in the event that the Conservancy desires or deems it appropriate to make alterations, additions, or improvements to the Premises, it will submit plans and estimates of cost for same to the City for the prior written approval of the City Manager or his designee. No such alterations, improvements, or additions shall be made without the express written approval of the City. Additionally, in the event that minor (defined as $5,000 or less) capital and /or infrastructure repairs are required, the Conservancy may be permitted to proceed, subject to obtaining the prior written consent of the City Page 693 of 2353 Manager or his designee, whose determination over whether such repairs are, in fact, necessary, shall be final and binding upon the parties. In the event that the City Manager approves and authorizes the Conservancy to proceed, the Conservancy shall obtain any and all necessary permits and /or other approvals, as may be required, for the work and shall (prior to commencement of work) provide the City with evidence of same, as well as evidence of any and all insurance requirements, as may be required by the City for the intended work, and naming the City as an additional insured. Thereafter, the Conservancy shall be responsible for diligently prosecuting such work, through completion, and for obtaining any and all applicable final inspections. Provided that said minor repairs(s) have been satisfactorily performed and completed subject to the terms herein, the Conservancy will be reimbursed or said repairs. Examples of "minor" repairs may include, without limitation, minor >; electrical and plumbing, HVAC repair, broken windows and /or doors, and partial/pal and touch up of the building. The Conservancy shall not have the right to create" or permit the creation of any lien attaching to the City's interest in the Premises as a result of any such alterations, improvements, or additions. 9.2 Maintenance. The City shall continue to have sale,. responsibility for maintenance and repair of all facilities, improver/ tints and facilities and utilities infrastructure equipment on the Premises. Ho' ever , "notwithstanding:. the preceding sentence, the Conservancy continues to accept the ,botanical Garden, particularly the aforementioned, in its present "as. is ".condrton from theC,ity. The Conservancy shall, at its sole cost and expense, to the satisfaction of the ..City, keep and maintain the Premises, and all im overnents thereon, in cod, clean, ;..;and sanitary. The p f {�, g., ry. Conservancy shall, itswsole cost and expense��ave the sole responsibility for maintaining the grounds and horticulture °of,th+ Botanicail(Garden, including any exterior electrical Iandscape'1r'f ures and /or receptacles (but specifically not including the electrical panels and Iic> i t ;poles), irrigation system, ponds, pumps, landscape features and any.supporting decorative, meth nlcal, electrical, plumbing, or wiring elements of the grourj'd's: Notwa an din the fore gpin ,. the City shall be responsible for the g g � tY p replacer Tent of any major ,plumbing, and /or electrical equipment. The Conservancy shall also be'. onsible for ny urgent or emergency repairs needed in time for rental agreemen r,,, events hosted by theConservancy. The parties herein acknowledge, and the Conservancy herein., agrees to be bound by, the minimum maintenance standards as set forth in Exhibit "C" to this Agreement, entitled "City of Miami Beach Minimum Specificats for aintenance of the Miami Beach Botanical Garden ". It is further understood 'tht,Fikl�e "Conservancy shall provide the City with a quarterly maintenance report, iri format to be approved by the City Manager and/or his designee. Notwithstanding the City and the Conservancy's respective roles with regard to maintenance of the Premises and the grounds and horticulture of the Botanical Garden, the City retains the right to review and approve plans for all major horticultural material installations, removals, etc., and the Conservancy shall comply with any and all State, Miami -Dade County, and City laws, codes, rules and regulations, etc. with regard to its respective maintenance and horticultural rights and obligations in this Agreement including, but not limited to, tree removal permits, use and storage of pesticides, chemicals, etc. Page 694 of 2353 9.3 Personal Property. A list of City owned personal property included in the Agreement for use by the Conservancy during the term hereof, is attached and incorporated herein as Exhibit "D ". The Conservancy hereby continues to accept such equipment in its "as -is" condition. The Conservancy shall maintain all City owned equipment and, at its sole cost and expense, acquire and maintain all replacement and such other equipment as may be necessary to maintain the Premises in a condition which satisfies those maintenance standards set forth in Exhibit "C ", but shall not have an obligation to improve the condition of the personal property beyond the "as-is" condition in which it was accepted, all of which shall be noted on the inventory. The Conservancy shall have the right, at the initial inventory and at any point thereafter, to decline the use and responsibility for any personal property not useful for its operation of the Botanical Garden and may turn such personal, property over to the City in the condition in which it was accepted. The City shall, l e .the right to periodically take an inventory of any or all equipment on the Premises In the event that the Conservancyr deems it necessary and appropriate to supplement the City equipment set forth rn ;Exhibit "D", through a flyer the direct lease or purchase by the Conservancy of additional!: equipment to be used`t`or the operation and maintenance of the Premises, the Conservancy shall ;be,required to submit a list of all equipment either leased or purchased directly bythe Gohservancyand`shall provide the City with copies of any applicabrer lease purchase agreements, and all invoices and validation of payments related to suo i lease /purchase,agreements, in order for the City to properly maintain an account forl`such newly acquired inventory against the original list set forth in Exhib t "D ". It sha lr,also be the Conservancy's responsibility to supplement such list perioi pally in tine every of any new equipment leases or purchases. In the event that :e leaslpurchase agreement for equipment acquired by the Conservancy a tends beyond the dwatio.n of this Agreement, the City, at its sole option, shall have f�the rrght4to either purchase such equipment (in the event of a lease /purchase agreoment), or assume the lease on the same terms and conditions as originally made availabletoothe Conservancy. Notwithstanding the preceding, the Conservancy shall not purchaW;or lease any supplemental equipment to be used by the Conservancy for the purpose `of •.operating an „managing the Premises under this Agreement, without first having obtained the prior written approval of the City Manager or his designee. 9.4 Liquor License. Conservancy intends to apply for a liquor license from the appropriate governmental authorities for the Premises. Notwithstanding the previous statement, Conservancy has accepted the Botanical Garden "as is" and the City is under no obligation to provide improvements in conjunction with said liquor license. The Conservancy shall only be allowed to obtain a liquor license permit for the dispensing and sale of alcoholic beverages on the premises, for consumption on the premises. The Conservancy shall use its best efforts and shall use due diligence in obtaining a liquor license from the appropriate governmental authorities. Upon termination of this lease for any cause whatsoever, the licenses, including Page 695 of 2353 the liquor license, shall become the property of the City of Miami Beach, its successor or assignees and the Conservancy shall fully cooperate in gratuitously transferring the licenses to the City. SECTION 10. USE OF PREMISES FOR SPECIAL EVENTS/ RECEPTIONS/ COMMUNITY MEETINGS, AND GENERALLY. 10.1 Pursuant to Subsection 5.1(e), the Conservancy shall have the exclusive right to allow, permit, rent, and otherwise book any and all areas of the Botanical Garden, for the purpose of allowing individuals and /or organizations to utilize the Botanical Garden for special events, receptions, community meetings, and any other uses generally consistent with use(s) associated with: a public botanical garden. The Conservancy shall follow and adhere to the rentalrates and policies and procedures established and approved by the City and which a` pa ttached hereto as Exhibit "E ". The City reserves the right to amend said rental rates and other- policies and procedures in its sole discretion and, in such event, the Cir shall require the Conservancy to amend its version of same, which will be attached 'as a new Exhibit "E; ". to this Agreement. In particular, the Conservancy shall require that„ (excepting the City) provide Certificates of Insurailc� as shall be determined by the Cbi r,'s R ;isk Manager. Exhibit "E ". Copies of these certificates shall be fu designee. Such insurance shall be`Mpt intended use. All such. (lability policies s users of the ptanical Garden encing appropitate insurance, referenced within the attached ed to the City Manager or his Imes throughout the period of :additional insured. The Conservancy shall provide a quarterly written report of all events scheduled in and pertaining to;e ,,Garden and, with each such report, shall report on the events which actually occurred Arad the number of persons participating in those events during the previous,quai-ter Any commercial activity at the Garden shall be undertaken for the purposes f irtherin the purposes set` f th in Section 4 herein, and must be approved by then ty, as provided, in Section 6.1 of this Agreement, and may be disapproved and /or otherwise redefined, as provided in Section 6.2 of the Agreement. All revenues received byr;the Conservancy in connection with the operation, management, and its portion of the programming ef,, the Botanical Garden shall be dedicated exclusively to support the operation and improvement of the Botanical Garden. For purposes herein, "revenues" shall also.,:be deemed to include unrestricted donations and contributions received by the Conservancy as well as membership fees and dues. No portion of the net earnings resulting fro the activities of the Conservancy at the Botanical Garden shall inure to the benefit of any private individual. In the event that revenue(s) pertaining to the Botanical Garden exceeds expenses during an annual accounting period, the City and the Conservancy agree that such excess will be applied by the City to offset the City's contribution to the Conservancy, as set forth and memorialized in the annual operating budget for the proceeding fiscal year during the term of this Agreement. Notwithstanding the foregoing, the City Manager or his designee, shall oversee the Conservancy's activities with regard to this Agreement and its operation and management of the Botanical Garden, such that the City is assured that the purposes Page 696 of 2353 intended by this Agreement are being achieved and the Botanical Garden is being operated in the best interest of the City. 10.2 Use by the City. The City shall have the right to use the Botanical Garden, or any part thereof, subject to availability, for the benefit of the community for such purposes including, but not limited to, meetings, labor negotiations and training classes, activities sponsored in conjunction with the Miami Beach Convention Center, City - sponsored special events, receptions, and other purposes, as deemed necessary by the City in its sole and absolute discretion, without the payment of any rental or use fee, except the direct out -of- pocket expenses incurred in connection with such uses shall be paid by the City. City uses of the Botanical G•`,r.,den shall not be competitive with, nor conflict with, events booked or sponsored, by the Conservancy and shall be booked in advance upon reasonable notice, ands s all not be inconsistent with maintenance of the grounds and facility of the :Botanical Garden. Additionally, upon execution of this Agreement, the Conservancy;, acknowledges and herein agrees to honor all pre - existing scheduled events, whether booked by the City or otherwise, at the Botanical Garden, whether or not such events actually occur on.' or .after execution by all parties of this Agreement and the Conservancy's possession and-use of the Premises for the purposes set forth herein. SECTION 11. CITY'S CO BUTION. The Conservancy shall continue use its best efforts to obtain public /private grant funding and individual /corporate contributions for the support of the Botanical Garden. During the term of this Agreement, it`I 'i4 a intent of „the City;and the Conservancy that Conservancy - initiated unding grows on a con ruing ;basis'' During the term of this Agreement, the Conservancy shall include, in its annual proposed budget and /or Programmatic Plan he funding; that it anticipates raising, and the City shall use such representations in evaluating its respective level of contribution for the coming fiscal year, which ar?ourat shall be, pproved as part of the City's own annual budget process. Any C),, Contribution to the Conservancy shall be remitted to the Conservancy in equal quarterly payments, 30 d ys from.receipt of art invoice from the Conservancy along with all quarte y reports, bu`dg ts, and statements that are due as per subsections 6.3, 9.2, and 10.1, SECTIO N;; , ASSIGNMENT/SUBLET. The Conservancy may riot sublet or assign this Agreement, or any part thereof, without the prior writte approval of the City, which approval shall be given, if at all, at the sole discretion oflte,City. Similarly, Conservancy shall not act as an agent or representative on behalf `df any other group, organization, or entity, for use or uses set forth in Section 4 of this Agreement, or for any other uses contemplated by this Agreement by any other group, organization, or entity, other than Conservancy. In the event that Conservancy ceases to be a not -for- profit corporation, this Agreement shall be automatically terminated. SECTION 13. USE OF THE BOTANICAL GARDEN IS PRIMARY. The Botanical Garden is for the use of the public for purposes consistent with Section 4 and the public's right to such use shall not be infringed upon by any act of the Conservancy. The Conservancy shall use reasonable efforts to assure that activities Page 697 of 2353 conducted by the Conservancy on the Premises shall not unduly interfere with the solemnity and respectful atmosphere of the adjacent Holocaust Memorial. SECTION 14. SECURITY. The Conservancy shall provide reasonable security to protect the Premises and its equipment, materials and facilities, including any City equipment, furnishings, and fixtures used by Conservancy, as set forth in Subsection 9.3 herein, and shall be solely responsible to the City for any Toss or damage to any City equipment, furnishings, and fixtures so used by Conservancy, subject to the City's obligation to use ordinary care in the execution of its responsibilities hereunder, and subject further to the intentional acts and negligence of utility easement holders upon the Premises. SECTION 15. PERMITS; LICENSES; TARE The Conservancy agrees to obtain anYp� PPLICABLE LAWS. f all permits and licenses tees to comply with all laws governing necessary for the conduct of its business ands the responsibility of an employer with respect'<persons employed by the Conservancy. The Conservancy shall also be solely responsible for payment of any and all taxes levied on the Premises and its operations -unless such taxes arecaused by actions of the City and not anticipated in the budget of the Conservancy approved,by the City. In addition, the Conservancy shall ,comply with all rule ` iregulations and 1 yys of the City; Miami -Dade County; the State of Florida; and S. Government now in force or hereafter to be adopted. SECTION 16. Subject to budget !j within the Premises consistent with the not limited to electric, line, exclut�of,lon reserveehrig LITIES. the City agrees tocontinue to 'pay for the utilities used the extent such utilities�(and su'chrexpenses) are customary and 's budgeted resources for the Botanical Garden, including but telephone service (defined for purposes herein as one net services), and garbage disposal. The City view i expens es. for utilities at any time during the Term of this such charges$ exceed the budgeted costs for utilities for reserves the right, in its sole and absolute discretion, to reby.,,,.; meking the Conservancy responsible for the or utility` costs. Should the Conservancy not wish to be such differe ce(s) in utility charges, the City reserves the right to automatically terminate this«Qgreement without further notice to Conservancy, and further avail itself of any;and all remedies to recoup such utility cost(s) from the Conservancy. Agree ent. In the event tha the Botanical Garden, amend t i k »Section 1 difference(s)' -ia any overage responsible fo SECTION 17. SIGNAGE. 17.1 Generally. Conservancy shall provide, at its cost within the budget submitted to the City, required signs at all public approaches to the Premises. All advertising, signage and postings shall be approved by the City and shall be subject to all applicable planning and zoning requirements of the City. 17.2 Naming Rights. The City reserves all name -in -title rights (i.e. the right to name) in the Miami Beach Botanical Garden and all revenue(s) that may be derived Page 698 of 2353 therefrom. The Conservancy shall be permitted to name the interior portions of the Premises (which may also include, outdoor garden areas surrounding the Welcome Center facility but within the described boundaries of the Premises), if and only if the City Commission approves and adopts an ordinance amending Chapter 82, Article VI, Section 82 -501 through 82 -505, as same may be amended from time to time (hereinafter, the "City's Naming Ordinance "), exempting the Botanical Garden from the requirements of the City's Naming Ordinance. The Conservancy shall include the name of the City of Miami Beach in its publications, advertising, promotions, websites, annot ncements, and other similar and related materials referring to the Botanical Gard n. and /or the Premises; provided, however that the Conservancy shall not use the City's na a and /or logo in any of the aforestated medias and /or materials issued byrthe'Conservancy, or in any other manner (whether express or implied), for the purpose- of soliciting funding, donations, and /or tither than to identify he location of the eing situated within fthe City of Miami /or permission of the;; City Manager. other monies for the Botanical Garden, Botanical Garden and /or the Premises a Beach), without the express written consen All signage ( whether exterio.or interor) sha prior written approval as to size, Ioc`afion, rrta "terrials, agrees that it shall bar aII. costs to Qbtain a without limitation, e ycostsire lated to obtainii x!; Nam* subject t withh producte rights * c, une �L ' anti sha <t i no 'e'o';t: any company fihe "Prohibite fling me II tie isubject to the City Manager's and aesthetics. The Conservancy stall any. new signage (including, ed `'approvals and /or permits). ,nth spor10rships (i.e. sponsorship names) shall be itt n appf pval, which shall not be unreasonably my sponsor hip `flames be permitted which include the J.'LtiF, e,,fiollowingtype of products: guns, tobacco, or sexual In no 'e named or re -nai whether it becomet- nowt approval of the propos. d tj ion �f the Botanical Garden and /or the Premises be dividual who has committed an illegal act (regardless of the Conservancy and /or the City before or after the ng). In such events, the Conservancy shall, at its sole cost and expense, immediately remove (or cause to be removed) such name(s) from the Premises and/or any portion(s) thereof, and the City shall have no liability, whether to the Conservancy, and /or third parties, in connection with such removal. Except as provided herein (and where reserved to the City), the Conservancy shall be entitled to all naming rights revenues derived herefrom; provided however that any revenues in connection with any naming rights pursuant to this Section 17.2 must be utilized by the Conservancy as follows: 1.) first, to fund those certain improvements Page 699 of 2353 to the Garden Center Premises, as more specifically set forth in Phase 4 of the Basis of Design Report (BODR) for the Miami Beach Botanical Gardens, as approved by the City Commission on January 13, 2010; and 2.) second, following completion of the improvements referenced in the preceding subsection (1), as evidence by the issuance by the City of a final Certificate of Completion (C.C) and /or Certificate of Use (C.U) (as the City may determine) any additional and /or subsequent revenue shall be used . exclusively for the management, operation, and maintenance of the Botanical Garden and /or the Premises, and shall be reported to the City during the City's annual review of the Conservancy's proposed operating budget for the Botanical Garden and /or the Premises (pursuant to Section 7 hereof). Notwithstanding anything in this Section 17. name (and /or signage related thereto) approved in the Botanical Garden and /orth,;remises, or any portion thereof, shall be allowed to remain beyond the Term of thisAgreerent, and the City shall have no liability, whether to the Conservancy, an, ,,Ohto third parties, in connection with the removal of any signage following the terminaf on and /or expiratronof this Agreement. SECTION 18. FORCE MAJEURE The performance of any act by Conservan delayed or suspended at any tirn or prevented from performance lockouts or any other cause beyo However, that if the condition of forde -i (90) days, the City or<,Gonservancy terminate this Agree, hile, but onl; od, t asonab the City hereunder may be g as, either part es hindered in ements of war, rebellion, strikes, ntrol of such party; provided. >rmore than a period of ninety ieative option and discretion, SECTION 1 The Conservan reasonable aj Count; Federa such operations an o, oremis the correction of any defieaenc properly the • responsibility'o cee N. t the Prses may be inspected at any time upon .esentatiues of the City, or by any other State, icer or agency having responsibilities for inspections of The Conservancy agrees to undertake immediately cited by such inspectors on the Premises, which is onservancy pursuant to this Agreement. SECTIO The Conse sustained by reasons Premises by any public': ordinances or of any of the rights reserved to the City herein. Any such interference shall not relieve the Conservancy from any obligation hereunder. SECTION 21. INSURANCE REQUIREMENTS. 21.1 Before beginning any work and throughout the term of the Agreement (including renewal periods), Conservancy shall, at its sole cost and expense, comply with all insurance requirements of the City. It is agreed by the parties that Tenant shall not occupy the Premises until proof of the following insurance coverage have been reviewed and approved by the City's Risk Manager. All insurance policies required e . WAIVER OF INTERFERENCE. agcy hereby waives all claims for compensation for Toss or damage 'interference with its operation and management of the ricy or official as a result of their enforcement of any laws or Page 700 of 2353 below shall be issued by companies authorized to do business under the laws of the State of Florida. Provider shall indicate that insurance coverage has been obtained which meets the requirements as outlined below by submitting original certificates of insurance to the City's Risk Manager and Asset Manager respectively: Worker's Compensation for all employees of the provider as required by Florida Statute 440 and Employer's Liability coverage in accordance with the Florida Statutory requirements and Employer's Liability Insurance in an amount not Tess than $1,000,000. Commercial General Liability on a comprehtn;sive basis in an amount not less than $2,000,000 combined single limit perk% ocurrence, for bodily injury and property damage, with the City of Miami Beaohramed as additional insured and include the following limits: i. Products (Completed Oper ijons Aggregate), for not less than $2,000,000 ii. Personal and advertising (Au ry) for no less than $1,000,000 combined single limit per occurrence iii. Fire legal liability 'rtl age for no le'sf ban $100,000 iv. Medical expense kitee v. Pesticide liability shall %be provice separate., or as part of the general liability' j� age, in an amount pia es$,,than5$,t,000,000. All Risk ►roperty'and casualty nsurance written at a minimum of eighty 80% ' /r, ( ) perceit«�;r�f reprl� cement cost value and with replacement cost endorse ment, coverin yle sehold <rinprovements installed in the Demised Pre1 or on behalf of Tenant nd including without limitation all of Tenant's personal property DerifiS remises (including, without limitation, inventory, trade' coverings, furniture, and other property removable by Tenant under thef p�rovisio s. of this Agreement). tpmobile Insurance shall be provided covering all owned, leased, and hired vehiclesf.land non wnership liability for not Tess than the following limits: i. Bodily ii. Bodily Injury iii. Property Damage $1,000,000 per person $1,000,000 per accident $500,000 per accident If beer, wine, liquor, or any other alcohol is being served at any time during the Lease term within the Premises, Liquor liability insurance is required. Such policy shall contain inclusive limits per occurrence of not less than $1,000,000.00 per occurrence; $2,000,000 general aggregate; provide for severability of interests; and include as additional insureds, the City, its affiliates, and any mortgagee of City in connection with the facility. Page 701 of 2353 21.1.1 The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of the provider. 21.1.2 Any insurance coverage required above must include a waiver of subrogation in favor of the City, 21.1.3 The company must be rated no less than "B+" as to management, and no less than "Class VII" 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, subject to the approval of the City Risk Management Division, 21.1.4 Certificate Holder must read: C/O Insurance Tracking Services, Inc, (ITS) P.O. Box 20270 Long Beach, CA 90801 2'1.1.5 Updated COI must be submitted to ITS via email with the following: 1. Email address: miamibeaoluontract *nstraelcim,A0 2, Copy Ancrew Bejel at AndrewBejel@miamibeachfLgov and Febe Perez at febeperez©miamibeachfligov on the submittal to ITS 21.2 Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section or under any other section of this Agreement. 21.3 City reserves the right to iMpose additional reasonable insurance requirements as the City may deem necessary or in accordance with common practice. 21-4''-hclPfd the Gopeeryahot Jail to obtain, maintain or renew the policies of insurance. referred 10 above, in the required amounts, the City may, at its sole discretion, obtain such', Insurance, and any sums expended by City in obtaining said - insurance, shall be repaid by the Conservancy to City, plus ten percent (10%) of the amount of -Premiums paid to conitiensate City for its administrative costs, If the Conservancy does not repay City's expenditures within fifteen (15) days of demand, the total sum owed Shall accrue interest at the rate of twelve percent (12%) until paid, and such failure shall be.deemedan event of default hereunder. 21.6 Fire insurance shall be the responsibility of the City. SECTION 22. INDEMNIFICATION. 22.1 The Conservancy shall indemnify, hold harmless and defend the City, its agents, servants and employees from and against any claim, demand or cause of action of whatsoever kind or nature arising out of error, omission, or negligent act of the Conservancy, its agents, servants or employees in the performance of services under this Agreement. Page 702 of 2353 22.2 In addition, the Conservancy shall indemnify, hold harmless and defend the City, its agents, servants and employees from and against any claim, demand or cause of action of whatever kind or nature arising out of any misconduct of the Conservancy not included in the paragraph in the subsection above and for which the City, its agents, servants or employees are alleged to be liable. This subsection shall not apply, however, to any such liability as may be the result of the willful misconduct of the City, its agents, servants or employees. 22.3 Subrogation. The terms of insurance policies referred to in Section 21 shall preclude subrogation claims against the Conservancy, the City and their respective officers, employees and agents. SECTION 23. NO LIENS. The Conservancy agrees that it will not ser�; or< through its actions or anyone under its control or supervision, cause to be. filed upon . tk a Premises any lien or encumbrance of any kind. In the event an jign is filed, the,,Conservancy agrees to cause such lien to be discharged within to .(.i O) days therefrom; ;nd in accordance with the applicable law and policy. If this is not•:accomplished, the Gi foray automatically terminate this Agreement, without further notice d the .0 nservancy. SECTION 24. CONSEk ."' Y EMPLOYEES AND MANAGERS. The City and the Conservancy reecognize that in the performance of this Agreement, it may be necessary <for the .nservancy to retain employees and /or managers to effectuate and o timize the Conse;/ y' h ' g { � p � (rvanc s �a�� ement and operation of the Botanical Garden fy� mployees;age s X,independent contractors, volunteers, and /or other individuals andlor entities retained b'y th6tinservancy for such purpose(s) shall not be deemed o e a enis }, employees;" partners, joint venturers or associates of the City and shall not rbtain many • rights or benefits under the civil service or pension ordinance ��F f,ithe Cit f gh g y ��,r,� /f /,. y �;a,��ri�� s� ?,,,ene� ?all afforded classified or unclassified employ�,e ,ol fhe� , furthe ,hey shall Ii t befdeemed entitled to the Florida Worker's Compensation benefits empl gees of tl ePCity. Additionally, the Conservancy and any persons employed ysit, or�zvolunteers acting under the authority and /or with the of permission Conservancy shall never have been convicted of any offense involving moral turpitude,, or felony.ailure to comply with this provision shall constitute a violation of this;Ag eement ;The Conservancy shalt have an experienced manager or managers overseeing the Premises at all times. Any criminal activity on the Premises caused by or kno int;ly` .permitted by the Conservancy shall result in automatic termination of this AgreE SECTION 25. NO IMPROPER USE. The Conservancy will not use, nor suffer or permit any person to use in any manner whatsoever, the Premises for any improper, immoral or offensive purpose, or for any purpose in violation of any Federal, State, County, or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. The Conservancy shall not use the Premises for any unlawful purpose and shall comply with all laws, permitting, and licensing requirements now in force or hereafter adopted, applicable to the Premises or the activities, uses, and /or business(es) conducted on the Premises. The Conservancy agrees not to use the Page 703 of 2353 Premises for, or to permit operation of any offensive or dangerous activity, nuisance or anything against public policy. Except as may result from acts of force majeure, the Conservancy agrees that it will not allow the Premises to become unoccupied or vacant. The Conservancy shall take appropriate precautions to prevent fire on the Premises, maintaining existing fire detection devices and extinguishing equipment at all times. SECTION 26. NO DANGEROUS MATERIALS. The Conservancy agrees not to use or permit in the Premises the storage of illuminating oils, oil lamps, turpentine, gasoline (except for small containers [5 gallons or less] for machinery), benzine, naphtha, or other similar substances, or explosives or any kind, or any substance or thing prohibited in the standard policies of fire insurance companies in the State of Florida. SECTION 27. NO CLAIM AGAINST INDIVIDUALS. It is expressly understood and agree d,i 'y and between, parties hereto that all individuals, employees, officers, and age„,,,..,,, ts; of the City are acting in a representative capacity and not for their own benefit; •nd that neither the Conservancy nor any occupant shall have any claim against them or' any ot; them as indivici ials in any event whatsoever in conjunction with any acts or duties, w ich' are reasonably .related to the performance of their duties. SECTION 28. DEFAULT AND TER INATI If either party fails to„,perform iii accordan e w th any of the terms and conditions of this Agreement, an SUth •default is knot cured within fifteen (15) days after written notice is given, tn., grievedarty shall have the right to immediately terminate this Agreement and, as 'the case in be either vacate or re -enter the Premises, without further notice or demai i.. At ita option, either party may also pursue any and all legal remedies available to seek redress fr i,such default. OFFICERS, EMPLOYEES, CTION 2 o Withstanding terminatedhby the City, f (60) days written notice to t SECTION', All notices mailed by registered o ro t ATION FOI CONVENIENCE. roviSjons of Section 28 above, this Agreement may be nvenience and without cause, upon the furnishing of sixty onservancy. OT1tES. Rity to the Conservancy shall be deemed duly served if ifled mail to the Conservancy at the following address: Miami Beach Garden Conservancy, Inc. Attention: Executive Director 2000 Convention Center Drive Miami Beach, Florida 33139 -1821 All notices from the Conservancy to the City shall be deemed duly served if mailed to: City of Miami Beach City Manager 1700 Convention Center Drive Miami Beach, Florida 33139 Page 704 of 2353 With copies to: Asset Manager City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139Exhii The Conservancy and the City may change the above mailing addressed at any time upon giving the other party written notification. All notice under this Agreement must be in writing. SECTION 31. NO DISCRIMINATION. Conservancy shall comply fully with the City: af.: Miami Beach Human Rights Ordinance, codified in Chapter 62 of the City Code,. as. may be amended from time to time, prohibiting discrimination in employment, �l ousir g,T7public accommodations, and public services on account of actual or perceived 'race, color, national origin, religion, sex, intersexuality, gender identity, sexual.orien`fation, marit I and familial status, age, disability, ancestry, height, weight, domestic partner status, . labor organization membership, familial situation, or political affiliation SECTION 32. VENUE. construed in accordance with, remedial, without regard to princip litigation arising out of this Agreeme shat! court, and the U.S. District, Court, Southern This :s s of the S� ,ppflict of iami rapt of F rr. shall be gowned by, and Of Florida, both substantive and The exclusive venue for any e County, Florida, if in state Q,I,a, if in federal court. BY attRVANCY EXPRESSLY A TRIAL BY JURY OF ANY JG OUT OF, THIS AGREEMENT. ENTERING INTO WAIVE ANY RIGA CIVIL LITIGATION' SECTION 33. L[MITA ',„ 1i F LIABILITY. T i y desires to* pr reement only if in so doing the City can place4 li it on its liabil ty for any cause offacFtion for money damages due to an alleged breach''-by. the City of 1 � 'Agre t nt, so that its liability for any such breach never exceeds th , um of $10, Contactor hereby expresses his willingness to enter into this Agreementfwith Contractor's recovery from the City for any damage action for breach of contract•to be limited to a maximum amount of $10,000, less the amount of all funds actually padythe City to Contractor pursuant to this Agreement. Accordingly, and;notwithstanding any other term or condition of this Agreement, Contractor hereby agrees hat the City shall not be liable to the Contractor for damages in an amount in excess of $10,000, which amount shall be reduced by the amount actually paid by the City to Contractor pursuant to this Agreement, for any action or claim for breach of contract arising out of the performance or non - performance of any obligations imposed upon the City by this Agreement. Nothing contained in this paragraph or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon the City's liability as set forth in Section 768.28, Florida Statutes. Page 705 of 2353 SECTION 34. PROHIBITIONS REGARDING SALE OR USE OF EXPANDED POLYSTYRENE FOOD SERVICE ARTICLES OR PLASTIC STRAWS. Pursuant to Section 82 -7 of the City Code, as may be amended from time to time, effective August 2, 2014, the City has prohibited selling, using, providing food in, or offering the use of expanded polystyrene food service articles by City contractors or special event permittees in City facilities or on City property. Additionally, pursuant to Section 82 -385 (p) of the City Code, as may be amended from time to time, no polystyrene food service articles will be allowed in the right -of -way, and no polystyrene food service articles can be provided to sidewalk cafe patrons. Expanded polystyrene is a petroleum byproduct, commonly known as Styrofoam. Expanded polystyrene is more particularly defined as byproduct, wn polystyrene and expanded and extruded foams that are thermoplastic petroptiO, n al materials utilizing a styrene monomer and processed by any number of tea ues including, but not limited to, fusion of polymer spheres (expandable bead foam) injeotion molding, foam molding, and extrusion -blown molding (extruded foartatp lystyrene). Expanded polystyrene food service articles containers, lids, trays, coolers, ice chests, expanded polystyrene. Conservancy agrees not expanded polystyrene food service. Agreement. A violation of this sections Agreement. This subction shall no articles used for prepackaged food that Conservancy. means piates, bowls, cups, milar articles that consist of e, provide food in, or offer the use of e Premises or in connection with this eemed a default under the terms of this anded 'polystyrene food service en fi and sealed prior to receipt by subcorr, tor, or o this stib6ection. sha rator, s� forth any -`- authorized vendor, renter, contractor, iseg' abides by the restrictions contained in SEC' t!ON 35. FLORIDA PUBLIC RECORDS LAW. 35.1 Tenant shall comply with Florida Public Records law under Chapter 119, Florida Statutes, a be al :tended from time to time 35.2 The term blic records" shall have the meaning set forth in Section 119.011(12), which means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business of the City. 35.3 Pursuant to Section 119.0701 of the Florida Statutes, if the Tenant meets the definition of "Tenant" as defined in Section 119.0701(1)(a), the Tenant shall: Page 706 of 2353 35.3.1 Keep and maintain public records required by the City to perform the service; 35.3.2 Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law; 35.3.3 35.3.3 Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law, for the duration of the contract term,,afld following completion of the Agreement if the Tenant does not transfer the records to City; 35.3.4 Upon completion of the Agree public records in possession of the Tenant or by the City to perform the service. If the Te upon completion of the Agreement, th, records that are exempt or confidential ;Yr ranger, at no cost to the City, all and maintain public records required transfers aII public records to the City nant shall destroy any duplicate public rtd exempt from publcFk records disclosure requirements. If the Tenant keeps and maintains., p bIic records upon completion of the Agreement, the Tenant shall meet all applicable Brequirements for Sretaining public records. All records stored electronically must be, provided to the City, upon request from the City's custodian of public 'records, in a format that is compatible with the information technology systems of the; 35.4 REQUEST 35.4.1 contract for services requested.f „or;ds, the Tenantiui %pruifie the copied tthin a reasonable ?.RECORDS• N uest to: inspect or be made directly, diate u ALIAN'(E. y public records relating to the City's :,the City. If the City does not possess the ptify the Tenant of the request, and the allow the records to be inspected or 4.2 Tenant's failure • tv ,comply with the City's request for records shall constitute a' :breach of this.Agreement, and the City, at its sole discretion, may: (1) unilaterally terminate the Agreement; (2) avail itself of the remedies set forth under the Agreement; and /a(3) avail itslf of any available remedies at law or in equity. 35.4.3 Terra, pt who fails to provide the public records to the City within a reasonable time may b6.Su bject to penalties under s. 119.10. 35.5 CIVIL ACTION. 35.5.1 If a civil action is filed against a Tenant to compel production of public records relating to the City's contract for services, the court shall assess and award against the Tenant the reasonable costs of enforcement, including reasonable attorney fees, if: Page 707 of 2353 35.5.1.1 The court determines that the Tenant unlawfully refused to comply with the public records request within a reasonable time; and 35.5.1.2 At least 8 business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the Tenant has not complied with the request, to the City and to the Tenant. 35.5.2 A notice complies with subparagraph (1)(b) if it is sent to the City's custodian of public records and to the Tenant at the, pant's address listed on its contract with the City or to the Tenant's registered auch notices must be sent by common carrier delivery service or by registered lobal Express Guaranteed, or certified mail, with postage or shipping paid by the'nder and with evidence of delivery, which may be in an electronic format. 35.5.3 A Tenant who compLs,,.�with a public reco rds request within 8 1 �e business days after the notice is sent not liable for the'reasonable costs of enforcement. 35.6 IF THE TENANT' 4 s OF CHAPTER 119, FLORIDA S1% PUBLIC RECORDS RELATIN CUSTODIAN OF PUB1, RECORD UESTIONS REGARDING THE APPLICATION S, TO THE %TENANT'S DUTY TO PROVIDE sT IS AGREEMENT, CONTACT THE _ I TY`' }} TENTIO . RAFAE fGRANAbO, CITY CLERK 17O CONVENJION CENTER DRIVE EACKFLORIDA 33139 FAE �> J ,F VAD.0 @MIAMIBEACHFL.GOV PHOt+ �F .05- 673 -7411 (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) Page 708 of 2353 IN WITNESS WHEREOF, the parties hereto have caused their names to be signed and their seals to be affixed; all as of this day and year first written above. Attest: CITY OF MIAMI BEACH RAFAEL GRANADO, CITY CLERK PHILIP LEVINE MAYOR Attest: Secretary Print Name Page 709 of 2353 STATE OF FLORIDA SS: COUNTY OF MIAMI -DADE The foregoing instrument was acknowledged before me this day of , 2017, by Mayor Philip Levine and Rafael Granado, City Clerk, or their designees respectively, on behalf of the CITY OF MIAMI BEACH, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged to and before me that they executed said instrument for the purpospsstlF61.ein expressed. WITNESS my hand and official seal, this;;;;- day of 1; , 2017. Xorida at Large COUNTY OF _ ;` -.: I -DADE The foregoing instrument was acknowledged before me this day of , 2017, by , on behalf of the MIAMI BEACH GARDEN CONSERVANCY, INC., known to me to be the persons described in and who executed the foregoing instrument, and acknowledged to and before me that they executed said instrument for the purposes therein expressed. WITNESS my hand and official seal,, this day of , 2017. Page 710 of 2353 Notary Public, State of Florida at Large Commission No My Commission Expires: PARt 1CD■SALL \ECON\SALIAASSITRBOTANICALWRAFT LEASE AND RE80‘MrAM1 BEACH GARDEN CONSERVANY MANAGEMENT AGREFNENT (DRAFT 08-30.17),DOCX Page 711 of 2353 EXHIBIT A (1 of 3) Premises Ares4.44 Page 712 of 2353 8siW9Jd (£ 0 ) V tT Page 713 of 2353 'SS31 HO 380W S3dJv OZL9'Z bO SS31 Z!0 32i0W 1334 3i►vnOS t6f9ti ONiNIVIN03 ONV V018014 'HOV30 IWVIW 30 Alta '1SV3 ZP 30NV8 'H1nOS cc dIHSNM01 'PC NOLL33S NJ ON13e ONV ONtL1 '031Y301 SONV1 OIVS 'JNJNN103O J0 1M0d 3H1 01 1334 ZZ'09Z 40 33NY1S10 Y 2304 IS30A .9Z.67..69 H1nOS 33N3H1 433a1S H161 a3NOt1N3r4 3A08Y 3H1. !0 3Nf1 AYM- J0- 11401a H18ON 3H1 .i0 NOISN31X3 1.1t131SY3 3H1 NI 030'301 1NIOd OIYS '1NIOd V 01 1333 LI'ZCS J0 33NV1S10 V 804 LSY3 .LC,10.00 H1nOS 33N3H1 '1333 SS'ZCC ,10 33NVi510 V 004 1vNV3 SN1T103 J0 3N(1 AvM- 40-1140111 A1831SV3 GIPS JN0'IY '1SY3 .P1,91.09 HIt8ON 33N3H1 '1VNV3 SNJ1103 30 3NI1 AVM- 30-1H004 A1831SY3 3H1 NI 0311/001 1NIOd OIYS '1NIOd V 01 1334 99'C9 d0 33NV1S10 V 804 1S3M . 1,£L.St NIHON 33N3H1 433. 6119 30 33NV1S10 v 804 1334 C t'6Z 40 SnIOV8 v ONY ,PZ,C LGIZ t d0 31ONV 1Y81N33 Y JNVIVH '1SV3H1bON 3N1 01 3AY3NO3 3Aan3 V f0 38Y 3H1 3N01Y 33N3H1 :) 3N3JNV1 J0 1NIOd V 01 1334 OZ'/.1 ,10 33NVIS10 V 804 1S3M .CC,CP.SL HAWN 33N3H1 '1334 Z9'ZS ,10 33NY.S10 Y 810i '1333 00'0C .10 Snsava Y ONY .Z1,6Z.00t J0 3'1ONY 1Y2I11N33 v 7NIAYH 'iS3MH1AOS 3111 01 3AY3NO3 3A8113 V .!0 3JSY 3Hi ON01v 33N3H1 'A3N33NY1 .#0 1NIOd Y 01 1334 99'0 .30 33NYiS10 V 2104 LSV3 .6C,SP.PZ HUIJ0N 33N3H1 •1334 9011 !O 33NV1S10 v 804 1S3M .O0,ZL.Z9 H110N 33N3N1 4334 Or, L 40 33NVJS10 Y 004 1SY3 .IZ,SL.CO H18i0N 33N3H1 '1334 COW d0 33NVJSI0 V 804 1SY3 .0C,ZS.69 Hl8ON 33N3H1 4334 99'6P JO 33NVLSIO Y 804 1S3% .CS,1C.00 Hk8ON 30N3441 '133.3 80'9 40 33NY1S10 Y 80.3 1SV3 .SI,OP.0Q HLUON 33N3H1 '133J 911L J0 33NV1S10 Y 804 '.Sv3 .ZZ,S0.00 H18ON 3f1NLLN03 33N3H1 '038W3530 N13183H ONV1 40 13YitL 3H1 40 ONINNt039 J0 1NIOd 31.11 ON130 1NIOd OIVS '13381S H161 OIYS 30 3NI1 ) YM-30-1HJ18 H18ON 3■1 NI 031,001 1NIOd V 01 1334 00'0Z 30 33NV1S10 V 80.1 1SY3 .ZZ,S0.00 HL ON 30N3H1 '1334 6I'69Z J0 30NV.St0 Y 80.1 1332i1S H161 OIYS J0 3Nn 810433 3H1 ON01V '1SV3 ,9Z,64.69 44180N 33N3H1 'Y0t80U 'A,INf O3 30Y0- IIMYIf .!0 SO80338 3nend '9Z 30Yd 1V '9 X000 LY1d NI 030b0338 'ub3d08d u1V38 143V30 N011v 3t4L .40 NOISIn108AS 3%0103 4100 J0 LYld 030N3rfv NI NMOHS SY 4133d1S H161 ONY 3AN3AV NVt01a3I'+I 30 S3N11 831N33 3Hl 40 N01133S831NI 3H1 iY 33N311m03 NOI1 dI 3S O 1V031 ses!woJd (1; JO c) V 1I8IHX3 Page 714 of 2353 �����I7F �� �*~~.��, Rental Policies and Allowed Rental Uses ^DORPOMATGRENTAL POLICIES AND PROCEDURES DeposIt/Fee Schedule 1, A Deposit of 50% s required to reserve yowrdom/mddate.Thmd`uVbe applied towards the coritract beience, Depost s refundeble for up to 30 days ess a $10000 processing fee. Requests for cenceIItion must be made in wrUn. 2, In addition to the cost, a Garden Cleaning Fee of $250.00 is due 30 days before the eve 3. Balance of payment is due 30 days prior to the booking date, Balance of payme non-refundable. 4. CANCELLATIONS. Cancellations made for any reason other than a hurricane watch or warnirig es described beiow, following the payment of the deposit will result in the Lessee's forfeiture of the norirefundable deposit. Requests for canceilations rnust be made in writing. 5. CANCELtATIONS DUE TO INC�MENT WEATHER. At no time shall the Garden be responsible or liable for Inclement or severe weather (such as hurricanes) that may In any way affect Lesse&s event at the Garden, ' directly orindirectly. The Garden rnay close to the public in the event of a tropical storm or hurricane watch or warning established for Miami-Dade County. if the Garden rnust cancel and event due to preparation for, occurrence, o/ aftermath mf sovere weather, the Lessee wifl be offered an opportunity to select an aiterrate avaiiable date on which to have their event, Thee shafl be no concessions or additional expenses for changing the date; the appropriate fees for the rescheduled event shall apply and the difference, If any, shall be refunded by the Garden or paid by the Lessee as appropriate, If the Lessee chooses to cancel their even at the Gerden due to tha c3arden's cioslng or incapacity to hoid the event due to the preparation for, occurrence or aftermath of severe weather, Notice of Cancellation rnust be made and dehvered to the Garden no Jess than 24 hours prlor to the event to receive any refund of rental rnoney, Notwhhs nding the ebove, the Garden shlI in no way be responsib!e for any consequential damages resulting from closure or other disruptions to operations due to the preparation for, occurrence or aftermeth of severe weather, 6. Any event booked within the 30.clay period shall be peid in full including the Garden Cleaning Fee. 7, All fees are subject to 7% Florida Sales "tax 8. Insurance Premiums will be quoted and charged Si per expected ut ber of partidpan projected number of people in attendance, Page 715 of 2353 MIAMI BEACH BOTANICAL -CORPORATE RENTAL- POLICIES AND PROCEDURES Catering 9. Full service catering is not permitted in the meeting rooms and Is limited to cold food !terns. Please inquire for a list of preferred caterers to provide services, Please advise if an outdoor reception Is desired, as additional contract terms shall apply. Tables and Chairs 10, Rental fees include tables and chairs, Facilities Maintenance 11, A minimum of one Garden employee will be on duty throughout the event, Vendors 12. CI lent will make all arrangements for all other services and supplies needed for the event, A complete list of vendors with contact names, email address, and/or phone numbers must be provided to the Garden two weeks prlor to the booking date. Additional Policies 13, TIME RESTRICTIONS. The Botanical Garden is open to the public between 9:00 a.m. and 5:00 p.m. If additional hours are requested for setup or breakdown, additional hourly fees shall apply. 14, EVENT SCHEDULE AND TIMELINE, An event schedule and timeline shall be provided to Garden staff at least two weeks prior to the booking, Schedule must Include: delivery timeline, arrival times, departure times, set up details as well as any other pertinent information. 15, SMOKING IS NOT PERMITTED IN THE GARDEN 16. Garden objects MAY NOT be moved or altered In any way (works of art, signage). 17, Plants, flowers, trees and structures MAY NOT be cut, altered or moved in any way, 18. Temporary Installations within the Interior of the space are allowed as long as they are not nailed, stapled or taped to the walls. Permitted installations include but are not limited to rented trees and plants, lighting, sound system, etc. If additional setup Is required for a Temporary Installation, this can be arranged In accordance with the Garden schedule. Additional Fees may apply. 19, No material of any form can be affixed to any plant life, NO EXCEPTIONS. Violation of this police will result in the immediate forfeiting of the full amount of the Garden Cleaning Deposit, This includes but Is not limited to fabric, lanterns, candles, string lights, etc. Page 716 of 2353 MIAMI BEACH OOTANICAL GARDEN -CORPORATE RENTAL POLICIES AND PROCEDURES 20. I3REAKDOWN AND STORAGE, Lessee h responsible horemuvmgoU/temxkomVamemisesimmodiatelyohnrth*bnokinQ.Thnre shall be no storage for rentals, Installations, etc, at the Garden after the event, Failure to follow thk policy shall result In forfeiture of the Garden Cleaning Deposit (otherwise refundable). Garden Cund|dun and Appearance "AS IS" 21, Lessee is fully aware that the Garden hosts multiple private and public events each week of the year, The Garden Staff works diligently each day in order to maintain the appearance a nd Integrity uf the beautluI ntural setting you have selected for your event, Please be aware that despite the efforts of staf f, wear and tear does occur on the Great Lawn and the plant life from time to time, which can also be made worse by inclement weather. Consfder this when booking your event, Lessee agrees to accept the event site in "AS-IS" conditlon, 13y executing this contract, Lessee shall be deerned to have accepted the event site in acceptable order, condltlon and repair. Assumptton of RIk and Release of Llablllty 32. Lessee shall indemnify and hold harmless the City of Miami Beach, the Miami Beach Botanical Garden and all officers, employees, agents and Instrumentalities from any and all liability, losses, or damages, including attorneys' fees and costs of defense, which the City, the Miami Beach Botanical Garden or its officers, employees, agents, or instrurne.nta Ries may incur as a result of claims, demands, su(to, causes of actions, or proceedings of any kind or nature arising out of, relating to or resulting from the perforrnance of this Perrnit by the LOsse or its employees, es, agents, servants, partners, principals subcontractors, or veridors, Lessee shall pay all c!aftns and osses in connection therewlth and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the City of Miami Beach, the Miami Beach Botanical Garden, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees whlch may lssue thereon, Application is not accepted and date is not reservecl unless this docurnent is slgned and submitted along wlth tho required deposits. have read and understand these PoUcles and Procedures and agree to be bound by the terms of the rental permit. PRINT NA DATE SIGNATURE Page 717 of 2353 tAti‘441 BEACH � ��� �R���� "Lessee" shall m all times herein be defined os the party holding the event at the MI l/Meach Botanical Garden ("Gardeni Reservation and Payment 1, NON-REFUNDABLE DEPOSITS. ASo% deposit is due at the tirne of bookfr and shall be appfled owards the event balance. Lessoewffl have 3 deys to make thodeposlt payment after requesunga date, If the deposit Is not paid within the 3-day period, Lesseeshall be notified that the requested date will be released. Deposits are non-refundable after 30 days. Refunds are subject to a $150,00 processing fee, 2, CANCELLATIONS, Cancellations made for any reason after the 30-doyperiod, othe than*hpms,nmwatcho, warning as described below, following the payment of the deposit will result En the Lessee's forfeiture of the non-refunciable deposit. Requests for cancellations must be made in writing, 3. BALANCES, Lessee must pay the outstanding balance for the event at east 30 days pror to the evant. Reservations made within 30 days nf the event must ba paid m full ut the time the contract W executed. The Garden reserves the dghto retain depositand canco any events that have unpaid balances within 80 days prior the event. 4, REFUNDABLE DEPOSITS Refundable deposits a,mdueuV days hwfor the event and are preferred m the form ofmcredit card or check. .ny charges will be brought to the cIiCnt s attemion afer the event with photo documentation, »` Garden QomnRwDvnosit ~ $1,000 for the fjrst 100 guests o $1^S0V for 3DOguwo,a * $2^oo0 for 2G0Aueoto o Special rates will applyfor 300 guests or rnore h' gmod«n Cleaning Deposit SgoO' * The Garden doas no prcvideafter-p.rty clean up sorvicn. Any aborrequrred by Garden personnel tu clean the event oito will bm done u*at the additional cost mf $250,00, G. CANCELLATIONS DUE TO|wCLEM£wYYvEATHEn At no time sha the Garden be responsfllo or IIabe for ncernent or savere weather (such up hurricanes) that may M any way affect Lessee's event at the Garden., directly or Indirectly. The Garden May close to the public in the event of a tropical storm or hurrIcanewatch or warning established for k»/oml-DndpCounty, if the Garden reust caneI and event dueto praparauon for, occurrence, or aftarmath of severe weather, the Lessee will he offered *oopportunity to select an eiternatevsilabIe dateon which tohave their event. There shafl be no concessions ar Page 718 of 2353 EACH_ 17Y RENTAL pOLC/ES Ar-41) 9ROCGQURES additional expenses for changing thedate; the appropriate fees for the rescheduled event shall ppIy and the difference, f any, shaV be refunded by the Garden or pad by he iesseo as appropriate, if the Lessee chooses to cancel ther event at the Garden duevo the Gardens closing or incapacity to hold the event due to the preparation for, occurrence or aftermath of severe weather, Notice of Cancellation must be made end delivered to the Garden no (ess than 24 hours prior to the event to receive any refund of rental money, Notwithstanding the above, the Garden shall in no way be responsible for any consequential damages resulting from closure or other disruptions to operations due to the preparation for, occurrence or aftermath of severe weather, Insurance 6. One month prior to the event, Lessee must providethe Garden with; u. oarti#cao«of Liability Insurance in the amount nf one million dollars ($1,O04c0mper occurrence for bodUy njury and property darnago, Depending pn the facility oyqgeurthe event, Products Liability and or Liquor Liability may also be required, This insurance policy must document as thecertificate holder (City of Miami beach and the MiamiBeach Botanical Garden, 2000 ConvenUon Center Drve, Miarnt Beach, FL33a39 as an "ADDFflQWAL |NyURBD^ and be|uxued b. Workers Compensation, per Florida Statues pertaining to same, for any employee of the Leoeothot works m any capacity upon the Miami Beath Botanical Garden Premises. (Please nc[ude thodate of tho event and perty to be insured en the nsurance docurnent.} GardenCOm6itiari and Appearance 4ASkS' 7, ,esomwMfullymvormthmtha8oneohustsmultipleurIvmteundpwhUuwvmots*achweekoftha yeer. The Garder Staffworks dfflgontly each day In order to rnantan the appearance and integrity of the beautiful natural setting you have selected foryour event, Please be aware that dospJtethe offort of staff, wearand tear doos occur on the Greal Lawn arid the plant life from timeto time, which can also be made worse by inclement weather. ConsiderthIs when booking your event, Lessee agrees to accept the event site |n"A$^\5^condition. By executing this contract, Lessee shall be deemed to have accepted the event site In acceptable order, condition and repair„ Lessee's Responsibilities 8. Lessee WResponsible for the actlons of a subcontractors and/orvend�rs, whlch may lncfudo but are not [mited to party planners, entertainers, florists, caterers, musicians, et. Losseo is responsiblefor ensuring that all subcontractors and vendors areaware of Garden's POliciesanci Procedures. 9, Lessee agrees to abide by all City, County and State Laws h e using Garden f cilitles, Page 719 of 2353 10. Lessee understands that the City of Miami Beach Fire Code provides forthe immediate closur r| any Garden room exceeding the posted room capacity. 11. DRESSING Lessee uriderstands that the Gardens restrooms re the only dresstng facUites avaiiable on the site, Lessee cannot use Butterfly Room, Banyan Room(s), or Offices for Storage of Items personal or vent.reIatecJ tems) or for dresslng. 12. GARDEN STAFF, Lessee understands tha at Ieast one Garder staff member shall be presen ot the event to oversee the Garden per z0V guests (2 if the vent has 200+ guests and so en). Lesseeagrees to adhereto all instructions of Garden Staff and or Security Officers on the premises before, during and after the Event, 13, REMOVAL OPINDIVIDUALS. TheGarden eres the right to rernovefrom the premlses any person(s) behaving n a manner considered to be potentially harmful or detrimental to Garden or other guests. 14. LIST. 30 dmyspdwrto Event, Lessee immsponsib|wfor providing ocomplete list of vendors wth contact names, phone numbers and/or email addresses. Event Set Up/Deliveries 16. included In the Rental Pee Is an allowanceof 3 hoursprior to the event time for set-up. Any addltonal time must be scheduled In advanceand addlttonal feesmay apply. 16. Lessee Is solely responsible for all deliveries, setup, breakdown and removal of decor nmamd event related items. 17„ DELIVERIES. a. Lessee or Lessee's designate shall bopn site to receive all evontrelatedshpments, vendors and even production service contractors, TheGarden Staff will NOT accept responsibility for deliveries, equipment installation, placement orpickups. b. 14 days pror to Event, Lessee Is responslbleforprovrdingan Event S*hadu|e/Rmelihethot must Include: delivery timeline, arrival times, departuretimes, areas of the Garden being used as well as any other pertinent Information (such as contact names,. numbers and email addresses). 18. LOADING AND unuOAoINGPROCEDURES, a. All vehicles Loading and Unloading shall boshmughthe Garden gate om20th Street and Convention Center Drlve. Alt vehrctes rnust use ths gate. All vehicles must be removed from the premises immediately after loading or unloading, There Is absolutely NO PARKING In the Garden. Page 720 of 2353 r AGILITY RENTAL POLICIES AND PROCEDUFZES b. Lessee m solely responsible for damage tothe grass foliage, any landscaping items, sprinklers m any other part n/ the irrigation system, any part oy the on-site electrical qmem'ondony damages \o the natural stone/pavers in the arden or concrete caused by anyevent r&atad vehicles during loading and unloading. Failureto comply will result in forfeiture of the darnage deposit and the Garden reserve therght o coIect from Lessee any charges and/or dameges that are not covored by the securfty deposit. Facility Management/Event Security 19, FACILITY MANAGEMENT. aGxrdon Attendant will be present ox the premises during the event tooversee the facility and to ensure that the Garden is properly closed and locked after the event break down. Theduties of thestaff present during the event relate to the oversight and maintenance of thevenue. The staff mmnber(s) are not involved m the security of the Lessee, the Lessae's guests or property, There shaU be one Garden Employee prasent for events ess than l0opeople. Events wth more than 100 attendees will require two garden attendants as discussed above. The Miami Beach Botanical Garden retains the authority to determtnethe number ny employees required for each event, 20. EVENT SECURITY, The Garden requires the presence ofn security officer for all events with over tVV guests or an event that hserving alcohol. The Garden has osecurity cOmpuny available If needed and the chargefor the officer will be $25,00 per hour 0150,00)f orthe 4 hours of the actual event plus 2 additional hours for brmokdownand cleanup. Preasenotethatthe security officerfae will be doublod on the fotowing holidays New Yesrs Eve Nsw Year's Day Mernorisi Day Thanksgiving Day, Christmas veand Christmes Day. The Garden roservesthe right to requireadditionei security officers accordingto the number of excepted guests in attendance. The 'arden is NOT responsible for un-invited outside Intruders or loss of personal property. You may chooseto hire your own licensed and Insured company with documentation provided otho3arden no less than 14 days priorto the event. Parking 21. Parklngshall bethe sole responsibity of the Lessee. Street Aarking* extremely limited |nthe Convention Center District, There are several City Garages adjacent to the Garden. Valet parking |o highly recommended forevents, Upon inquiry, Garden Staffwili rocomrnend City of Mhsrnl Bach approved vendors. Restrictions and ProhUted item 22, NOISE LEVELS. The Garden is located near residential nelghbOrhoods and a school, which aresusceptible to noise from Events. We pricie ourselves on being good neighbors, Lessee and guests shell mn|nto/ummxmooNunp|xn|wve|onndmokeoonoW|cdTytu,hmnce.Al|mvxmohaOnwtommwdYho sound evele estebilshed by the City of MIardBeach, Page 721 of 2353 FACILITY RENT/I POLICIES AND PROCEDuREs 23. EVENTT1ME RESTRICTIONS, Events on Friday or Saturday must end at 1:00 a.m, Events on Sunday through Thursday must end at 11:00 p,m, 24. ALCOHOLIC-BEVERAGES. Alcoholic Beverages may not be consumed by anyone less than 21 years of age, Violation of this term shallbe grounds for Immediate termination of the event. It is the sole responsibility of the Lessee to obtain all licenses and permits with regard to the sale or otherwise dispensing of any alcoholic beverage on Garden premises, 2S, DECORATION AND LIGHTING. a, ThereIs no useof glitter, 'silly string,' flower petals (natural or otherwise) orconfettion any outdoor garden areas, This includes but is not limited to the tops of tables, centerpieces, bars, etc, b, To Protect the Property the use of any tape, thumbtacks, nails, staples, or any similar material, Is not allowed upon any wall, ceiling, fencing, or anyINIng plant, Pipeand drapeis the only way permitted to drape the indoor rooms. c, Affixing Material to Plant Life Prohibited , No material In any form can be affixed to any plant life in the Garden. Violation of this policy will result In the Immediate forfeitIng of the full amount of the security deposit. This includes but is not limited to fabric, lanterns, candles, string lights, etc, d. Open Flame Is prohibited Open flame Is prohibited anywhere on the premises unless attended by personnelauthorIzed for such duty by the City of Miami Beach Fire Marshall. Candles may beused only when protected by hurricane lamps or similar glass enclosures Met do not allow flames to reach above enclosures, 26, Charcoal Grills are prohibited. Propane gas is allowed In designated areas only 27. TENTS, a. Tents provided by Subcontractors/ Vendors are allowed in specifically designated areas only There are no exceptions. b, The Garden requires all LOSSOOS to use our authorized tent vendors that are familiar with the property. No other tent companies will be permitted. c. All tents greater than 10' by 12' in slze must obtain all appropriate building permits from the City of Miami Beach. 28, ELECTRICAL POWER GENERATORS. The use of electrical powergenerators foryour event on site must be approved by the Garden and requires a City of Miami Beach electrical permit. The required electrical perrnitmust be secured prior to the event date and posted upon the Garden premises prior to any use, Page 722 of 2353 FACIU y .RENTAL POLICIES Kr:) PIT4)CEDLififiS 29. SUBLEASE OF GARDEN. Lessee may not sublease without written permission from the Garden, Any such assignment without written permission is VOID, 30. PROHIBITIONAGAINSTSELF-CATERING, All Events taking place at the Garden involving food must be professionally catered. No self . catering is permitted. If the proper documentation regardlng catering license, insuranceand a signed catering contracting is not provlded within 30 days of the Event, the Garden has the right to terminate the contract and Lessee will relinquish full security deposit. 31. SMOKING IS PROHIBITEDON ALLGARDEN PROPERTY, Event Clean Up and Breakdown 32. Lessee is Responsible for all breakdown and removal of decorations and event related items from the Garden property, All items belonging to Lessee and or Lessee's vendors must be removed from Miami Beach Botanical Garden premises immediately following intended usage, 33. RENTAL SUPPLIES AND EQUIPMENT. All rental supplies and equipment must bedelivered the day of the event Into the scheduled permitted by Garden Staff and picked up before2:00 a.m. after the end of the event, if there is no function the next morning, you can pick up additional rentals the next day, the Garden will be open at 9:00 a.m, All rentals must be picked up no later than 1200 noon. Otherwise,. a storage fee of $250.00 per day will be deducted from Lessee's Deposit. 34, FACILITYCLEANING. TheGarden does not provIdeofter.party clean up service. If caterer cannot, for any reason, provide full clean up, Lessee is responsible for contractlng a garden-approved janitorialvendor. When the Lessee/Caterer leaves the Garden, the facillty should look as it did when the Lessee/Caterer arrived, Failure to comply with this request will result in a cleaning fee of $250.00 charged against Lessee's Deposit and may also result in suspenslon of Caterer's eligibility tooter future events at theGarden. 35. GARBAGE REMOVAL All Garbage related to the event must be removed from the premises by Caterer/Lessee and not placed In any of the Garden's trash containers. Caterer needs to provide garbage bags and containers, Failure to comply with this requirement will result In Lessee being charged a $250,00 trash removal fee against Lessee's Deposit (otherwise refundable). 36. KITCHEN, Lessee/Caterer is responslble forcleanIng of all kitchen surface areas includIngfloors, counter tops, sinks, refrigerator space, and cooking appliances, If any priorto departure. Failure to comply with this requirement will result in Lessee being charged a $250,00 cleaning fee against Lessee's Deposit (otherwise refundable). Page 723 of 2353 FAD. JTY .RENTAL POUC(ESAND 'PRO C[nUR6C Damages to the Facility 37. Lessee's solely responsiblefor all damageto facilities incurred during the time of facility usage, ncudIng outdoor spaees, landscaping and property. This ncludes eny damage, which may resut from any of essee's vendors or suppflars. if necessary, an ternized Involcewifl be provided by ths 6aden to Lessee, no ater than 30 dey after the event, notlfying Lessee of the 3arden's intent to wlthhod the cost ofspecic damages from Lessee's "Garden Damage Deposit," The Gerden reserves the right o collect from Lessee any charges and/or damages that exceed thpGarden Damage Deposit. Assurnption of Risk and Release of Liabfflty 38. Les ee shall Indemnify and hold harmless the City nf Miami Beach, the Miami Beach Botanical Garden and all officers, employees, agents and nstrurnent&Itfes from any and all liability, losses, ord5mages, Thdudrng attorneys' fees and costs of defense, whrch theclty ot Miami Beach, the Miami Beach Botanical Garden, or Its officers, employees, agents, or Instrumentalities may incur es a result of claims, demands, suits, causes of actions, or proceedings of any kind or nature arising out of, relating toorresulting from the performance «f this Permit by the Lessee grits employees, agents, servants, partners, principals subcontractors, or vendors, Lessee shalt pay ali claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kid or nature In the nameof the City of Miami Beach, the Miami Beach Botanical Garden, whereapplicable, including appellateproceedings, and shall pay all costs, Judgments, and uttomwy'o fees which may issue thereon, Application Is not eccepted and dte Is not reserved unless this document msignedand submitted al with / have read and understand tl P es nd Procedures and agree to be bound b»theterms of the rental permit. Page 724 of 2353 ~~-- PRINTNAME DATE CEREMONY-- POLICIES AND PROCEDURES Deposit/Fee Schedule 1. A deposit of SO% is required to reserve your desired date, This shall be applied towards the contract balance. Deposit is refundable for up to 30 days less a $100.00 processing fee. 2. In addition to the cost, a Garden Cleaning Fee of $150.00 is due 30 days beforethe event 3. Balance of payment is due 30 days prior to the ceremony date. Balance of payment Is non- refundable, 4. CANCELLATIONS. Cancellations madefor any reason, other than a hurricane watch or warningas described below, following the payment of the deposit will result in the Lessee's forfeiture of the non-refundable deposit, Requests for cancellations must be made in writing S. CANCELLATIONS DUET() INCLEMENTWEATHER. At no time shall the Garden be responsible or liable for Inclement or severe weather (such as hurricanes) that may In any way affect Lessee's event at the Garden, directly or indirectly. The Garden may close to the public In the event of a tropical storm or hurricenewatch or warning established for Miami-DadeCounty. If the Garden must cancel and event dueto preparation for, occurrence, or aftermath of severeweather, the Lessee will be offered an opportunity to select an alternateavallabledate on which to havetheir event. There shall be no concessions or additional expenses for changing the date; the appropriate fees for the rescheduled event shall apply and the differenoe, if any shall be refunded by the Garden or pald by the Lessee as appropriate. if the Lessee chooses to cancel their eventat the Garden due to the Garden's closing or incapacity to hold the event duet° the preparation for, occurrenceor aftermath of severe weather, Notice of Cancellation must be made and delivered to the Garden no less than 24 hours prior to the event to receive any refund of rental money, Notwithstandingthe above,. the Garden shall in no way beresponsiblefor any consequential damages resulting from closure or other disruptions to operations dueto the preparation for, occurrenceor aftermath of severe weather. 6. Any event booked within the30-day period shall be paid in full including the Garden Cleaning Fee. 7. All fees are subject to 7% Florida Sales Tax 8. Additional Fees may apply (rentals, extra hours, etc.) See contract. Si, Insurance Premiums will be quoted and charged Si per expected number of participants/projected number of people in attendance. Cerem ony Guidelines Page 725 of 2353 -CEREMO.NY POLIDES AND PROCEDURES 10, TIME RESTRICTIONS. a, Ceremonies must start and end between 10:00 a.m. and 4:00 p.m. b. Breakdown must be completed by 5:00 p.m. NO EXCEPTIONS. c. "After Hours" Ceremonies may be requested but are subjected to additional fees, 11. Photographers are permitted to accompany the group, 12, DRESSING FACILITIES. The only dressIngfacilities available on the property arethe pubcrestro may be rented for $200,00 as a dressing room. ms, The Butterfly Room 13. STORAGE. Rooms and offices on the Garden property may not be used for storage of any Items, whether personal or used at the Event, NO EXCEPTIONS. 14, No food shall be permitted. Severageservice only 15. SMOKING IS NOT PERMITTED IN THE GARDEN, 16. No chairs are permitted In the Japanese Garden. 17. Therels no use of glitter, "silly string" flower petals (natural or otherwise) or confetti. 18. No material of any form can be affixed to any plant life, NO EXCEPTIONS. Violation of this ponce will result in the immediate forfeiting of the full amount of the Garden Cleaning Deposit. This Includes but Is not limited to fabric, lanterns, candles, string lights, etc. 19. CHAIRS/TABLES. Only thechalrs provided by the Garden may be used. 20, SETUP/BREAKDOWN, Lessee is responsible for all Setup/Breakdown of the Event. 21, VENDORS AND DELIVERIES, Lessee's responsiblefor providing a list of vendors with contact Information and a schedule of deliveries 14 days prior to the Event. 22, GARDEN STAFF. Lessee understands that Garden Staff will be presentto represent the premises. Lessee agrees to accept direction from Garden Staff when necessary. Page 726 of 2353 -CERE00NY- POLiC\E,S AND PROCEDURES 23.PU8UCVISITATION. Lessee understands that the Garden b open cu public visitors between the hours mfMno.m.until 5:00 p.m, The Garden has a strict policy that no event should interfere with guests' visits. Garden Condltion and Appearance AS S" 24. Lessee is fully aware that theGarden hosts multiple private and public events each week of the year, The Garden Staff works diligently each day in order to maintain the appearance and integrity of the beautiful natural aett|ngyou have selected for your event, Please heuwurethordwopitm the efforts n/ staff, ,,voo, and tear does occur onthe Great Lawn and the plant life from time to time, which can also be madeworse by Inclement weather. Consider this when bookIngyour event. Lessee agrees to accept the event site |o'AS'|S" condition. 87 executing this contract, Lesseeshalt be deemect to have accepted the event site m acceptable order, condition and repair. Assumptlon of R.Isk and Release of Liability 25. Lessee shall Indemnify end hold harmles the City o{ Miami Beach, the Miami Beach Botanical Garden and all officers, employees, agents and Instrumentalities from any and all liability, losses, or damages, including attorneys' fees and costs uf defense, which the City u/Miami Beach, the Miami Beach Botanical Garden, or its officers, employees, agents, or instrumentalities may Ocur as a result of claims, demands, suits, causes of actions, or proceedings of any kind or nature arising out of, relating to orrsuttrng from the perforrnanceof this Permit by the Lessee or its employees, agents, servants, partners, principals subcontractors, or vendors, Lessee shall pay all claims and losses On connection therewith end shall investigateand defend all claims, suits or actions of any kid or nature in the name of the City of Miamfaeach, the Miami Beach Botanical Garden, where applicable, including appellate proceedtngs, and shalt pay alt costs, Judgments, and attomey's fees which may isgwethmraom. Application is not accepted and date is not reserved unless this document is signed and submitted along with the required deposits. |have read and understand these Policies and Procedures and agres to be bound by the terms of the rental permit mINTNAME DATE SIGNATURE Page 727 of 2353 EXHIBIT C City of Miami Beach Minimum Specifications for Maintenance of the Miami Beach Botanical Garden iM\ J AM B E AC H Parks & Recreation Department 1701 Meridian Avenue, Suite 401, Miami Beach, FL 33139 GROUNDS MAINTENANCE FUNCTIONS AND TASKS The professional care and maintenance the City's Parks arty detailed in the grounds maintenance specifications locations which require landscape services are minimum standards. Increases for specific tasks.:. schedules for the South Beach Service Area. I. Turf Care Maintain turf areas in a healthy, growing, gt en and trim condition t performing the following operations. Staff shall pr or to mowing, trieve materials and dispose of waste to include, and not limited to, pape lass, bottles,; ns, fallen free limbs and /or fronds and all other deleterious metena s four on the site ll. ,14andscape areas is provided as eta" The entire City inventory of jeteNed in accordance with these ' notes.;; in the program descriptions Mowing Genera Mowing shape perl+a Vii.' %fr /Y! surface appece wit ed in t scalpir anti ke .imianner that insures a smooth eaving any "missed" uncut grass. moVVis vJt'i on St` ugustine grass. 11 mowers are to be adjustable ,and adjusted to the proper cutting height and level` the kir i of grass and current condition of the turf. Mower blade height adjustrnent is to: ae measured from a level floor surface to the parallel d level plane; of the mo er blade. c. Alf" -rags rer blades; are to be sharp enough to cut, rather than tear grass bIadgs i d. All litter a ebris is to be removed from turf before mowing to avoid shredding that will damage turf appearance, or items that may be propelled by mower blades. e. Mowing will be done carefully so as not to "bark" trees or shrubs, or to introduce weeds into ground cover beds, or to damage sprinkler heads, curbs, or other facilities. f. Grass clippings or debris caused by mowing or trimming will be removed from the turf and from adjacent walks, drives, gutters, curbs or surfaces on the same day as mowed or trimmed. Page 728 of 2353 g. Mowing wilt not be done when weather or other conditions will result in damaged turf. III. Mowing Specifics a. St. Augustine Grass Mow only with a rotary mower a minimum of once per week 'during the growing season of mid-April through the end of October for a total of 36 occurrences per year. b. Non-athletic field Turf shall be mowed at 3 to 31/2" above soil leyawith a mower designed for use in the specific circumstances. Remove cpings from areas if excessive clippings result from the mowing operati c. Trimming and Edging Staff shall trim and properly edge and fiow9f beds as well as trees, curbs, walks, lighting and all other obstacles in the landscape and remove clippings. Paved area .(ard edges) shall be edged every mowing cycle with respect to the turf type adjacepkto the edging. Edging of beds and the tree rings (soft edging) sha!I be executed not less tan every other mowing with respe`e to t. e turf type4plien' t to the edging: Turf edging at shrub beds, flower beds, gfpund cover beds, hedges, or around trees (where "edging" rathdifit,. Itmmning"tiS'iliTcted), shall be edged with a manual orm,echanic,a1'6Ager vertical ,uniform line. Rotary nylon fish Iinecutters are not to. be ru tvertical itdging. Edge grass at plant sod 't was‘riginallr d damag6i.' bed 11 okefijgrass 71iig.tdik#...shrubs, keep the width of �f ground cover WO placed. cloth. Grass will be trimmed Care shall be taken to avoid the 4veqp, same adjacent turf is mowed, and remove all grass nd kiitiOspais and vertical surfaces in the turf, such a fences, etc. Particular attention will be given fenVkOY, to trimmthg aroundsprinkler heads and other irrigation system ;components assure their proper water delivery function. echanical weed cutters are not to be used within eighteen (18") inohes of tree or palm trunks. All walks and other paved areas litter in theiltim maintenance process shall be vacuumed, swept, or blown:off while the mowing, edging, or trimming is in process so that the earance suffers for the least amount of time. Landscape lighting shall be wiped, blown off or vacuumed as needed to prevent accumulation of clippings and dead insects. Landscape areas shall be raked and cleaned of clippings, leaves, sticks, twigs, and all litter during each maintenance day. Materials cleaned from grounds may not be disposed on- site, and must be removed from locations and brought the City Designated Dump Sites. Tree trimming should be performed by an ISA Certified Arborist. Page 729 of 2353 IV. Pruning Shrubs and Ground Cover Plants Bed Area Maintenance All shrubs and ground cover plants growing in the work areas shall be pruned, as required, to maintain plants in a healthy, growing, flowering condition and to maintain plant growth within reasonable bounds to prevent encroachment of passageways, walks, streets, view of signs or any manner deemed objectionable by the Assistant Director or his designee. a. Bed Area Maintenance The Staff shall keep the bedded areas free of dead plants, leaves and branches at all times. All beds shall be vertically edged, and kept weed free at all times. Edge grass at plant bed lines toy ee grass from growing toward g g p „� >, p g 9 g shrubs, keep the width of sod as it was originally placed. b. Shrubs All shrub material shall be pruned;;:a; minimum of once per month to insure the best shape, health, and character of the individual plant. Mechanical trimming may only be utilized% when the health or a prance of the plant will not be damaged by the mechanical trimmers. c. Groundcover F. All groundcover maters }shall b insure the best shape, . h a th Ground cover plants hall ,bev growth a ,,kept inbounds an etc. a nica trimmers , appearance of the plant wi V. Trees and Pali Trees; a ld alms ere o,b mai `fined in ,healthy, growing, safe, attractive condition er shape and size ccordii g to variety, species and function in the scape oras; ecificar° directed b• , e Assistant Director or his designee. Pruning Natikal, Shaping sand Thinning ?!rune, thin, and trim alrlr'ees /palms at least once a year to keep the trees ea thy, to maintain the natural character of the variety, to control shape and to prevent crowding. Pruning in general shall consist of the removal of dead, broken guis r fected, superfluous, and intertwining branches, vines, and the removal otdd./or decaying stumps and other undesirable growth. Palms shall be pruned '"dS needed to remove dead fronds and weak stalks. Certain Washingtonian Palms will be an exception to the pruning practices of normal palm maintenance when existing dead fronds are maintained. Pruning will also be required from time to time to remove damaged branches from storms, frost, pruning to prevent encroachment of branches over streets, into private property, cleaning view of signs or traffic, particularly at a road intersection, or interference with lighting, etc. Tree branches shall be-pruned up to seven (7') feet over walkways and in areas so designated by the Assistant Director or designees. All tree pruning shall be accomplished with standard practices including; Cuts should be made with sharp and proper tools. When cutting e pruned ra minimum of once per month to , and character of the individual plant. lectively cut back to encourage lateral other °pia.tings, walkways, lighting, utilized when the health or edl by the mechanical trimmers. Page 730 of 2353 parts of branches, leave a living bud at the end of the stub. Make cuts sufficiently close to parent stem so that the healing can readily start under normal conditions. On trees known to be diseased, disinfect tools after each cut and between trees. Prune only at the time of season proper for the variety. Prune or trim, at least once or twice each growing season to keep the natural shape of the individual plant. b. Pruning shall include the following items: Dead, dying or unsightly part of the tree Remove sucker growth from exposed trunk character is desir of the trees in which an Branches that grow toward th' ent rr,of tree Crossed branches that rxta grub togeth 'V' crotches, if it does notfruin the appearance :of the tree Multiple leader if the e normally a as only sir' l � e stem g Nuisance growth that interferes ew h view, traffic, tigAage, walks, or lighting. Nuis nce growth n ,l < e's the removal of all dangerous thorns, spikes Forappendages w ich show potential conflict with Shape top of sifjaII tree as neede ches, dea wood f�, �f, ,,a��cuttmgs;shail be removed from the b` site t „the direction f t "e As ; nt director or designee time of runing and disposfri'o in an acceptable manner. All lawn and rub are A0 damaged bypruning equipment shall be restored. Staking and `f eying and Tree Set-Up aintal xistinc'ad ad�ustr:f stakes, guy wires and hoses or blocks, until tree le capable of standing vertical and /or resisting normal winds. he Staff shall be responsible for the complete removal and replacement ose trees' ist due to the Staffs faulty maintenance or negligence, as mined by the Assistant Director or designees. e. All treeshave died or have been blown or knocked over are to be reported Rh: ediately upon discovery to the Assistant Director or designees. f. With prior approval from the Assistant Director or designees, it is the Staffs responsibility to remove and properly dispose of all dead or injured trees and /or weed trees such as but not limited to Florida Holly or Leucana or Australian Pine. Staff shall set and support trees that have been knocked or blown over. det g. The staff shall be responsible for removing all signs, posters, boards, supports and any other material(s) attached or fastened to Page 731 of 2353 trees, or from elsewhere on the project site. as directed by the Assistant Director or designees. VI. Weed Control All landscape areas within the specified area, including lawns, shrub and ground cover beds, planters, and areas covered with gravel; shall be kept free of all weeds at all &has. This means complete removal of all weed growth shall be accomplished at each mowing cycle. For the purpose of this specification, a weed will be considered as any undesirable or misplaced plant. Weeds shall be controlled either by hand, mechanical, or chemical methods. The Assistant Director or designees may restrict the use a. Weeds are to be mowed, trimmed, or edgf from turf areas as a part of turf care operations. b. Weeds are to be manually removed from shrub, hedge, ground cover or flower beds, unless chem r or mechanical Means are specifically authorized by the Assistant Director or designees. Persistent weed growth such as the growth of sedges shall be moreffocused on manual removal. c. Weeds are to be removed from walk ►ays, curbs, expansion joints, and along fence lines anid,`gurdrails at each; mowing cycle or as otherwise directed by the Assistant Director or designees. d. If infestations annot be .controlled r hand -piping, or herbicide use will damn or kill e shrubs -<o`r, ground covers,, the bed may be excavated, after "removing alt #,ents. Then weeds may'b'e destroyed before replanting by any ofthe followig method' riliz Allow wee to r "e±~stablish a 'vegetative top and treat with a systemic herbicide, a I9ast two��(z2) applications, about two (2) weeks apart, or until ere isa90 %. g. Aftei-the kill, a ly, immediately after replanting, a pre- emergent herbicide, such as reflaprQr prior to reinstalling a ground cover fabric. VII. Litter Control a. The Staff shall promptly remove all debris generated by their pruning, trimming, weeding, edging, and other work required in the specifications. Debris must be disposed of at an authorized site for commercial use. Neighborhood trash transfer stations or road side piles are not considered authorized sites. The Staff shall clean driveways and paved areas with suitable equipment immediately after working in them. All cuttings are to be removed on same day as cut. Page 732 of 2353 b. Litter Removal: In addition to the litter removal required to accomplish the mowing operation, the Staff shall be responsible for litter removal on, A Continuous cycle, seven days per week to be done in such a manner and with sufficient personnel so that the entire site is maintained in a substantially clean state during the hours of use. VIII. Fertilization The fertilizer used shall be a commercial grade product and recommended for use on each plant type. Specific requirements should be determined by soil test results, soil type, and time of year. Applications shall proceed continuously once begun until all areas have been completed. in the event fertilizer i *Own on hard surfaces, it shall be removed immediately to prevent staining. a. Turf - St Augustine turf shall#eftilized four (4) %tunes per year at a rate of 1 lb. Of N /1000 Square feet. The N< P< iros shall vary with the time of year of the application and results of he soil analysis. The approximate N, P, K rati should,,; - One (1) a tion of a 5�2, ratio with a post- emergent weed control; - One (1) appliioatiori of a 101 '2. ratio with Dursban, and one appiication being ;af blanket application of insecticide, plicatiohr ;af a ne (1) application o5 :1 ratio b. Groundcov r, & Shrubs fertilize r l f ra t shrubs and groundcovers shall meet appropriate 'orticr Ural standards withr'a�n N, P,' K ratio of 3:1:2, unless soil conditions or plant ties dictate differe`ntl`y, with at least 60% of the nitrogen from a non -water s lubie organic source. All shrubs and groundcovers shall be fertilized by broadcasting by hand over the beds three (3) times per year. c. Fertfiiz ;:, should;ae applied Spring, Summer and Fall at the following rates: 1 -1/2 to ,h s yN /'100 Square Feet. The Assistant Director or designees shall establish pr��gram that will fertilize all shrubs and groundcover, describing the type of fertilizer required for each type of plant and the time of year. Any plants damaged by over - fertilization shall be replaced as soon as possible. Changes in fertilization rates, methods and composition must be approved by the Assistant Director or designees in writing. d. Fertilization Trees, & Palms The fertilizer for all the planted trees shall meet proper horticultural standards with an N, P, K ratio of 4:1:4, unless soil conditions or plant species dictate differently, with at least 60% of the nitrogen from a non- Page 733 of 2353 water soluble organic source. Concentrated slow- release fertilizer tablets may be used on trees if approved by the Assistant Director or designees. Trees shall be fertilized twice yearly: Spring and Fall in the following amounts: Caliper Pounds of Fertilizer 2" 3 lbs per / in of dia. 3" 6 lbs per / in of dia. 4" 10 lbs per / in of dia. 5" 15 lbs per / in of dia. All palms shall be fertilized during Aprd and September. The fertilizer shall be broadcast under foliage ca OtWat the rpte of 1 lb. per inch of palm tree diameter. The staff shall establish a program .that will fertilize all trees and palms, describing the type of :fertilizer required for type of plant and the time of year this work will be Changes In fertilization rates, methods, and composition must :,, be approved by the'''' Assistant Director or his designees in writing. General Use of Chemicals The Pesticide Supervisor or design facility, a list of all-chemical heiploi to be approved by Director item. MaterisCpolOidOn this liqA, 00 State of Florida, the Department ' Transportation; and shall., include the , . , , The us,,,..of any c list sh6.1 hall maintain .,,on file in the Parks Operation's estici proposed for use in the City, pees iriciucling MSD sheets for each limtted to chemicals approved by the culture, 'Ad the Florida Department of act brand name and generic formulation. be based on the recommendations of and be% , „ ed under the direction of a Certified Pest Control Operator (Assistant i:08ior oc'iielignee0'.', p. chemida e rade or pesticide shall be applied until the . \ssistant Direditg des tapes as appropriate approve use, in writing, for the purpose and area gppos %AA a. Disease. and Pest Control Tei''',:'0,bntrol or eradicate infestations by chewing or sucking insects, leaf minerWire ants, and other pests and diseases, spray affected plants with chemical sprays combinations of sprays suitable for that particular pest when the''inffigtation or infection becomes evident and as often thereafter as necessary. Pest Control Supervisor shall be fully licensed to spray pesticide. PC Supervisor shall use sound cultural practices that aid in preventing the presence or proliferation of insect and diseases. Insects in Bermuda grass shall be controlled by both curative and preventative measures. Timing will be critical on mole cricket applications and frequencies of application will be as needed to successfully control their infestations. Nematode samples will be taken at least two (2) times each year and action shall be taken per the recommendation of the IFAS lab Page 734 of 2353 „ results to control the populations This lab report shall be submitted to the Assistant Director or designees for his review as soon as it is received and maintained on file at the Parks Operations Facility. X. Application of Herbicides PC Supervisor may apply various herbicides by means of spray type devices to aid in the control of unwanted weeds and vegetation. All applications shall be performed by staff holding a valid herbicide application license as issued by the State of Florida and shall be done in accordance with the herbicide manufacturers recommended rates and all applicable Federal, State, County and Municipal regulations. Herbicides may be used only with prj9,1- approval by the Assistant Director or designees as to type location, and methpd of application. a. The PC Supervisor shall exercise e effect areas not intended for trea over spray shall be restored :besy,,J possible. trXrie so as not to over spray and ert. Areas adversely affected by such Landscape KDlyision Staff as soon as b. The Supervisor shall advise the Assistant ?vector ordesi nee within four (4) days after disease or insect infestation' is found. He rshall identify the disease or insect arad.recommend control measures to be taken and, upon approval of the Assis# t ctor or destginee, the Supervisor shall supply and implement the a proved control rmeasures, exercising extreme caution it application of all spray'r. i t;,erial, dusts`or other materials utilized. Approved ontrol measures shall be 2" tirnued until the disease, or insect is cop, tro'lled to the satisfaction „off the Assts nt Director or designee. c. When a Aossession' p(tirhas in Safety' a Operation' mica As being ap rn . �i ri Yr SSO Iat on eja S lvf. r each insecticide NO; ter 487 .. Mfr:, certifica !H. liceh applies infestatio ird, the person using it shall have in their the chemical. Also, the chemical shall be ling. A specimen label and the Material shall be maintained on site at the Parks all OP applied by an operator licensed pursuant to the Florida Statutes. The operator shall have the ni in his or her possession when insecticides are being . r�plementation of control measures for pests and disease . lf'be in strict compliance with all federal and local regulations. Upon request`the Supervisor shall furnish documentation of such compliance. e. The spraying of insecticides and other such chemicals are to be confined to the individual plant. Spraying techniques which may introduce the material being sprayed beyond the immediate area of the individual plant are strictly prohibited. f. Spray or dust material on foliage only during cairn days. Do not apply when leaves are wet, when rain is expected within 3-4 hours after spraying, or when temperatures exceed 88 degrees Fahrenheit. Spray at times when Page 735 of 2353 traffic is lightest (i.e., early mornings or weekends). Use a spreader - sticker to aid in adherence and absorption of the material. Wash material off of pavements and buildings immediately after applying. g. The Supervisors shall utilize all safeguards necessary during disease or insect control operations to ensure safety to the public and the employees of the City. XI. Irrigation System Maintenance and Watering Irrigation System Supervisor (IS Supervisor) & Local Supervisor will be responsible for the operation and maintenance of the manual irri will be responsible for the labor and supervision to; line, risers and sprinkler heads up to four inch C4'.__ system operating. The irrigation system shall;t ion systems. The IS Supervisor e irrigation repairs to the lateral iameter as required to keep the able of providing 1-1/2" of water to all lawns and shrub beds each week ors often as required to provide for a uniform lush green landscape appearance yftrifig shall be 'adjusted during the various seasons. The Supervisor shall be r p required to make all repaijOs soon as able. Any form of damage to the irrigation syster,i,Rust be reported to the 18 Supervisor by all staff immediately upon discovery. IS „Sup e r 0Or and Loo4tlgn Supervisor shall be responsible forcontrolling thliVaigYilt of water used:for irrigation and any damage that re: is fram over - watering or 'insufficient watering. a. Watering During pe pds when th breakdown of: system, ol` an e upervisor respor(si iity of the location descri j..trlbutiorl k; r+� {{ i Supe portab71e‘ mps, e operational, either due to no:Tower failure, it. shall be the •apply to the plant material as . to the [ants shall be the responsibility of the pr. Tlierv0 shall use hand watering, water trucks, , es requred, IO distribute the water. .Apply water'*uantitie$ and at intervals necessary to maintain the plants in ealthy ;,condition d. Irriigattop Syste .:Shall be constantly maintained and adjusted to insure that no water romthe system hits the road surface. XII. 'X�' Mulch Application Replenish mulch in shrub beds as required to cover areas of bare soil, especially at the edge of the bed and in places where the shrub canopy has not grown together tO shade the soil. Add mulch around tree trunks in sod areas. Mulch shall be added to maintain a constant three (3) inches thickness. Do not pile against tree trunks and shrub stems. a. Use Shredded Cypress mulch collected from mowing. XIII. Fertilization Bermuda turf shall be fertilized six (6) times per year at a rate of 1 Ib. of N /1000 Page 736 of 2353 square feet. The N< P< K ratios shall vary with the time of year of the application and results of the soil analysis. The approximate N, P, K ratios should be: Two (2) applications of a 5:2:1 ratio with a post- emergent weed control; One (1) application of a 10:1:2 ratio with Dursban, and one application being a blanket application of insecticide; Two (2) applications of a 3:1:3 ratio; One (1) application of a 5:2:1 ratio Supplemental applications of urea> iced Nitrogen may be applied as needed, during the early s °.$g and later Summer months to supplement normal fertilizat pTfo ions. XIV. Aeration Aeration for Bermuda Turf fields We' e' completed foury(4) times per year as needed to reduce compaction. Equi Fment utilizing tines, 9. p water penetration and knives will be used dependingrfofi� conditions and severity of compaction noted. S`:y r; XV. Sanding Top dressing of Bermuda tufrf needed to reduce compaction ampletei er every aeration work and as FSyf PECIFICA'4TIONS SECTION Page 737 of 2353 Parks/Landscape Maintenance Divisions Service Levels FY 00 /01 The following tables detail the level of maintenance provided by the two divisions and COntlaCtors Parks Maintenance Ik Summer(attneQl — Oct 312 W(nter(•ov 01 -Mav 30 $and removal (Lummus Park showers move en tm• ► •ns Im ate Turf/Lanai • Maienai Preventative "et • ontro Preventative Pest Control Pest Control Measures Hazardous Condition ction 11X weekly wee • y 1 . as needed f mon 't y as needed as nee 1 X Landscape Maintenance Ink SummerOune01— Oct 31) Winter(Nnv 01 -Mav 31) Litter itemovaV 5 C week! —3 X vow St. Augustine T to 2 ' wet t 1 weekly every 10 da s s�.., •......._..•.••• • Prone All Tied a Material Page 738 of 2353 gg D LIST OF EXISTING INVENTORY (Pending — To Be Updated) ' « ^ fit -v, %t w « � l A my `G\ ydx �k ,/ V m e • 4: row' 4. o " / y . ''';'We Page 739 of 2353 EXHIBIT E (1 of 4) Rental Rates -CORPORATE RENTAL. POLICIES AND PROCEDURES Rental Rates/Detalls Miami Beach Botanical Garden provides a naturally picturesque setting and fully equipped meeting facilities for your next corporate event or meeting. *All rental rates may be subject to adjustment to reflect the appropriate market value. 1.6' by 81! 40 people (indoors) Daytirtie: $400 Evening: $750 (includes facilities attendant fee) Additional HOLit$t $100 per hour Daytime: 8 hours Evening:4 hours (includes set up) Flat screen television, video conferencing, wireless Internet foot rectangular banquet tables are included White padded folding Chairs are included 30' by 50' 100 people (indoor) 200 people (indoor/outdoor) Daytime Only: Mon-Thurs. $550 Friday: $650 *Additional Flours: $100 per hour Daydme Only: 8 hours (includes set up time) Projection screen, podium, wireless Internet. (12) 8 foot rectangular banquet tables; (12) 60" round tables are included 200 white folding chairs are Included Page 740 of 2353 All Areas 500 people indoor and outdoor • Daytime (Based on 200 guests, For each additional guest a $1.0„00 fee shall apply.) Mon-Thurs: $3,000 Friday,' $4 000 *Additional Hours: $500 per hour includes 2 facility attendants Daytime Only: 8 hours (includes set up time) AII aMenitieS from the Butterfly and Banyan Rooms in additional to the beautiful Japanese (arden, fountain and side lawns,- 12) 8 foot rectangular banquet tables; (12) 60" round tables are Included 200 white folding chairs are included MIAMI BEACI BOTANICA GARDE EXHIBIT E (2 of 4) RECEP-11()N REN.YAL.- Rental Rates/Details *All rental rates may be subject to adjustment to reflect the appropriate market value. 500 people indoor and outdoor Based on 200 guests. For each additional guest a $10.00 fee shall apply, Daytime Eyeni ivion-Thurs; $3,000.00 Friday: $4,000.00 Sat,Suni $5,000,00 Evening Event: Mori-Thurs: $4,000,00 Friday; $5,000,00 Sat-Sun; $6,000,00 Additional Hours: $500 per hour (includes 2 facility attendants) Daytirne: 8 hours Eveningt 4 hours (Includes set up) Fat screen television, video conferencing, wireless Internet (12) 8 foot rectangular l)sinotietttblesi (12) 60 retindtables are eluded 200 white folding chairs are included 100 people (indoors) 200 people (indoor/outdoor) Do e vent« Mon-Thurs: $2,000,00 friday: $3,000.00 Sat-Sun; $4,000,00 Evening Event: Mon-Thursi $5,000,00 Friday; $4,000,00 Sat-Sum $3,000.00 Additional Hours: $200 per hour (includes facility attendant) Daytimoi 5 hours Eveningi 4 hours (Includes set up) Projection screen, podium, wireless Internet (12) foot rectangular banquet tablesj (12) 60' round tables are included 200 white folding chairs are included 54 Page 741 of 2353 The Butterfly Room may be rented for ancillary space or to he used as a dressing room in conjtinction with a wedding reception tdrital. POO iS $200 for a minimum rental of 4 hours Each Additional. hour than bo $100,00 EXHIBIT E (3 of 4) Rental Rates E RE= MONY- POI, CIES AND PROCEDURES For those who wish to rent an outdoor section of the Garden for a short amount of time (2 hours min, rental/a hours max.) to perform a ceremony or similar event, the following policies and rental rates apply: Rental Rates/Details *All rental rates may be subject to adjustment to reflect the appropriate market value. GREAT LAWN BANYAN TREE LAWN JAPANESE GARDEN BUTTERFLY ROOM Cost $900 Cost: $700 cost: $500 Cost: $200 Capacity: 200 Capacity: 75 to 100 Capacity: Small area up The Butterfly Room to 40 people standing may be rented for room only ancillary space or to be Duration: Minimum 2 Duration: Minimum 2 Duration: Minimum 2 used as a dressing hour rental (includes hour rental (includes hour rental (Includes room in conjunction set-up time) set•up time) set-up time) with a ceremony rental. Additional Hour: $200 Additional Hour: $150 Additional Hour: $150 per hour (including per hour (Including per hour(Includes facility attendant fee) facility attendant fee) facility attendant fee) White Padded Chairs. White Padded Chairs: No chairs permitted In $2.00 per chair $2.00 per chair theJapanese Garden 55 Page 742 of 2353 Exhibit E (4 of 4) USE OF PREMISES INSURANCE REQUIREMENTS Third party ,users shall furnish to the Conservancy a Certificate of Insurance which complies in all respects with the following: 1. Commercial General Liability limits $1,000,000, combined single limit per occurrence, for bodily injury and property damage. 2. The City of Miami Beach must be listed as a CERTIFICATE HOLDER as follows: Miami Beach Garden Conservancy, Inc. Attention: Executive Director 2000 Convention Center Drive Miami Beach, Florida 33139-1821 City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 3. The City of Miami Beach and Miami Beach Garden Conservancy, Inc. must be named as an ADDITIONAL INSURED. The following language must be included under the section of Description of Operations /Locations/Vehicles /Special Items:. The City of Miami Beach and Miami Beach Garden Conservancy, Inc. is included as an additional insured with respect to the rental or bookings of the Botanical Garden. 4. Worker's Compensation Companies that employ more than three (3) employees must provide proof of Worker's Compensation insurance; otherwise, please provide a letter on company letterhead stating that you have three (3) or Tess employees. 5. All policies must be issued by companies authorized to do business in Florida with a Best Key rating of B +VI or better. 6. Each Certificate of Insurance delivered to the City must contain the following provision a copy of any notice of cancellation, or of any reduction in scope or amount of coverage, shall be sent to the City of Miami Beach at the same time that it is sent to the named insured. 7. If beer, wine, liquor, or any other alcohol is being served at any time during the Lease term within the Demised Premises, Liquor liability insurance is required. Such policy shall contain inclusive limits per occurrence of not less than $1,000,000.00 per occurrence; $2,000,000 general aggregate; provide for severability of interests; and include as additional insureds, the City, its affiliates, and any mortgagee of City in connection with the facility 8. All certificates must include waiver of subrogation. If you have any questions, please feel free to contact the City of Miami Beach Risk Management Department at (305) 673 -7014 or the Office of Real Estate at (305) 673 -7193. 56 Page 743 of 2353 4:09 PM 08/31/17 Accrual Basis Miami Beach Botanical Garden Profit & Loss Budget vs. Actual October 2016 through August 2017 Ordinary Income /Expense Income City of Miami Beach Lease Government Support MB - Cultural Arts Council MD - Capital Grant MD - Cultural Advancement Total Government Support Private Support Corporate Sponsorships 0.00 2,585.00 Donations 12,911.81 12,100.00 Oct '16 - Aug 17 Budget 114,000.00 152,000.00 9,307.19 5,000.00 45,000.00 20,000.00 0.00 45,000.00 59,307.19 65,000.00 Foundation Support Memberships Total Private Support Rental Income Venue Rental Income Photo Shoots Rental Application Fee Staffing Fee Security Deposit Retained Total Rental Income Garden Events Botanical Bazaar Garden Dinner Series Garden Events - Various Garden Tour Oktoberfest Taste of the Garden Revenue - Taste Garden Auction Revenue Garden Club Income Share Total Taste of the Garden Workshop Fees Total Garden Events Earned Income Gift Shop Plant Sales Soda Machine Total Earned Income Total Income 8,523.63 3,755.25 1,833.33 2,750.00 25,190.69 19, 268.33 169, 937.49 6,000.00 1,000.00 5,793.00 3,280.50 165,000.00 0.00 4,585.00 7,333.33 6,875.00 186,010.99 183,793.33 0.00 0.00 5,713.20 17,746.00 1,264.80 20,666.18 9,577.50 - 9,341.14 1,000.00 0.00 5,500.00 10,000.00 0.00 10, 000.00 14,000.00 - 7,750.00 20,902.54 16,250.00 2,235,10 2,585.00 47,861.64 35,335.00 29,074.56 2,096.00 3,522.00 18, 333.33 4,583.33 4,400.00 34,692.56 27,316.66 467,063.07 482,713.32 Cost of Goods Sold Direct Expenses - Garden Events Botanical Bazaar 0.00 0.00 Garden Dinner Series 1,400.00 0.00 Garden Events - Various 4,280.64 2,200.00 Garden Tour 2,962.62 1,000.00 Oktoberfest 1,982.12 4,000.00 Taste of the Garden 11,123.23 8,000.00 Total Direct Expenses - Garden Events Page 744 of 2353 21,748.61 15,200.00 Page 1 4:09 PM 08/31/17 Accrual Basis Miami Beach Botanical Garden Profit & Loss Budget vs. Actual October 2016 through August 2017 Direct Expenses - Earned Income Gift Shop Purchases Plant Purchases for Resale Soda Machine Total Direct Expenses - Earned Income Total COGS Gross Profit Oct '16 -Aug 17 21, 303.36 1,908.69 3,574.12 Budget 8,800.00 2,200.00 3,300.00 26,786.17 14,300.00 48,534.78 29,500.00 418,528.29 453,213.32 Expense General & Administrative Accounting & Legal 5,611.00 5,900.00 Advertising,Marketing, Printing 28,852.23 16,500.00 Communications Expenses 6,296.82 4,585.00 Dues, Subscriptions and Tickets 2,379.29 4,585.00 Insurance 31,269.56 15,585.50 Meals & Entertainment 70.57 770.00 Merchant Charges /Bank Fees 8,913.71 9,350.00 Miscellaneous 0.00 0.00 Office Expenses & Supplies 6,075.38 7,700.00 Postage and Delivery 142.90 1,100.00 Security System Expense 1,376.90 550.00 Taxes and Licenses 2,749.25 1,100.00 Travel 15.00 880.00 Total General & Administrative Facility Pest Control Repairs and Maintenance Special Projects Total Facility Horticulture Contract Labor Garden Signage Lawn Maintenance Plant Purchases Special Garden Projects Supplies and Equipment Water Gardens Pond Fish Pond Maintenance Pond Plants Water Gardens - Other Total Water Gardens Total Horticulture 93,752.61 68,605.50 810.09 3,966.90 1,630.63 1,100.00 9,350.00 0.00 6,407.62 10,450.00 0.00 772.00 15,033.40 155.00 332.00 3,397.04 0.00 7,178.07 675.00 0.00 7,853.07 2,750.00 2,200.00 11, 000.00 8,800.00 4,400.00 0.00 4,400.00 550.00 0.00 4,950.00 27,542.51 34,100.00 Memberships and Fundraising Contract Labor 5,540.00 0.00 Food & Beverage 68,34 330.00 Meetings and Seminars 1,853.21 1,100.00 Software 1,954.50 1,375.00 Memberships and Fundraising Other 176.75 0.00 Total Memberships and Fundraising Page 745 of 2353 9,592.80 2,805.00 Page 2 4:09 PM 08/31 /17 Accrual Basis Miami Beach Botanical Garden Profit & Loss Budget vs. Actual October 2016 through August 2017 Payroll Expense Executive Director Salary Customer Service Staff Facilities Staff Health Insurance Horticulture Assistant Hoticulturist Salary Membership /Programs Salary Sales Manager Salary Bookkeeping Payroll Taxes Payroll Processing Fee Total Payroll Expense Program Expense Educational /Cultural Programs Yoga Total Program Expense Rental Expense Cleaning Fee Contract Labor Security Guards Total Rental Expense Total Expense Net Ordinary Income Other Income /Expense Other Income Interest Income Sales Tax Discount Total Other Income Other Expense Bad Debt Expense Fixed Asset Additions Oct '16 -Aug 17 56,692.18 38,293.20 48,050.26 0.00 60,599.47 0.00 0.00 42,446.30 1,500.00 18,322.41 1,329.06 Budget 61,416.63 32,413.37 16,500.00 22,000.00 95,700.00 0.00 0,00 38,500.00 2,200.00 19,250.00 1,320.00 267,232,88 289,300.00 4,141.23 11,000,00 63,00 1,650,00 4,204.23 12,650.00 3,815.50 0.00 3,040.00 2,200.00 0.00 3,300.00 6,855.50 5,500.00 415,588.15 423,410.50 2,940,14 29,802.82 19.82 11.00 282.41 330.00 302.23 341.00 0.00 0.00 19,853.95 18,350.00 Total Other Expense 19,853.95 18,350.00 Net Other Income - 19,551.72 - 18,009.00 Net Income - 16,611.58 11,793.82 Page 746 of 2353 Page 3 Miami Beach Botanical Garden Profit & Loss Budget Overview October 2017 through September 2018 Ordinary Income /Expense Income City of Miami Beach Lease Government Support MB - Cultural Arts Council MD - Capital Grant MD - Cultural Advancement Oct '17 - Sep 18 152,000.00 25,000.00 0.00 45,000.00 Total Government Support 70,000.00 Private Support Corporate Sponsorships 2,820.00 Donations Private Donors and Donation Box 12,000.00 Fish Food 1,200.00 Donations - Other 0.00 Total Donations 13,200.00 Foundation Support 2,000.00 Memberships 6,000,00 Total Private Support 24,020.00 Rental Income Venue Rental Income Photo Shoots Rental Application Fee Staffing Fee Security Deposit Retained Balance Adjustment 192,000.00 2,400.00 5,000.00 9,000.00 1,200.00 0.00 Total Rental Income 209,600,00 Garden Events Botanical Bazaar 1,000.00 Garden Dinner Series 0.00 Garden Events - Various 6,000.00 Garden Tour 10,000.00 Oktoberfest 12,000.00 Taste of the Garden Revenue - Taste Garden 10,000.00 Auction Revenue 14,000.00 Garden Club Income Share - 7,750.00 Total Taste of the Garden 16,250.00 Workshop Fees 2,820.00 Total Garden Events 48,070.00 Earned Income Gift Shop 21,136.00 Plant Sales 5,000.00 Soda Machine 4,800.00 Total Earned Income 30,936.00 Total Income 534,626.00 Page 747 of 2353 Page 1 10 :27 AM 09/01/17 Accrual Basis Miami Beach Botanical Garden Profit & Loss Budget Overview October 2017 through September 2018 Oct '17 - Sep 18 Cost of Goods Sold Direct Expenses - Garden Events Botanical Bazaar 0.00 Garden Dinner Series 0.00 Garden Events - Various 2,400.00 Garden Tour 1,000.00 Halloween 0.00 Oktoberfest 8,000.00 Taste of the Garden 8,000.00 Total Direct Expenses - Garden Events 19,400.00 Direct Expenses - Earned Income Gift Shop Purchases 9,600.00 Plant Purchases for Resale 2,400.00 Soda Machine 3,600.00 Total Direct Expenses - Earned Income Total COGS Gross Profit 15,600.00 35,000.00 499,626.00 Expense General & Administrative Accounting & Legal 6,300.00 Advertising,Marketing, Printing 18,000.00 Communications Expenses 5,000.00 Dues, Subscriptions and Tickets 5,000.00 Insurance 16,998.00 Meals & Entertainment 840.00 Merchant Charges /Bank Fees 10,200.00 Office Expenses & Supplies 8,400.00 Postage and Delivery 1,200.00 Security System Expense 600.00 Taxes and Licenses 1,200.00 Travel 960.00 Total General & Administrative 74,698.00 Facility Pest Control Repairs and Maintenance Special Projects 1,200.00 10,200.00 0.00 Total Facility 11,400.00 Horticulture Contract Labor Garden Signage Lawn Maintenance Plant Purchases Special Garden Projects Supplies and Equipment Water Gardens Pond Fish Pond Maintenance Pond Plants Water Gardens - Other Total Water Gardens Total Horticulture Page 748 of 2353 3,000.00 2,400.00 12,000.00 9,600.00 0.00 4,800.00 600.00 4,800.00 0.00 0.00 5,400,00 37,200.00 Page 2 10:27 AM 09/01/17 Accrual Basis Miami Beach Botanical Garden Profit & Loss Budget Overview October 2017 through September 2018 Oct '17 - Sep 18 Memberships and Fundraising Contract Labor 0.00 Food & Beverage 360,00 Meetings and Seminars 1,200.00 Software 1,500.00 Memberships and Fundraising - Other 0.00 Total Memberships and Fundraising 3,060.00 Payroll Expense Executive Director Salary 64,000.00 Customer Service Staff 43,200.00 Facilities Staff 21,600.00 Health Insurance 28,800.00 Horticulture Assistant 100,000.00 Sales Manager Salary 44,000.00 Bookkeeping 0.00 Payroll Taxes 24,000.00 Payroll Processing Fee 1,440.00 Total Payroll Expense 327,040.00 Program Expense Educational /Cultural Programs 12,000,00 Yoga 1,800,00 Total Program Expense 13,800.00 Rental Expense Cleaning Fee 2,400.00 Contract Labor 0.00 Security Guards 3,600.00 Total Rental Expense Total Expense Net Ordinary Income Other Income /Expense Other Income Interest Income Sales Tax Discount 6,000.00 473,198.00 26,428.00 12.00 360.00 Total Other Income 372.00 Other Expense Bad Debt Expense Fixed Asset Additions Depreciation & Amortization Exp Total Other Expense Net Other Income Net Income. Page 749 of 2353 0.00 26,800.00 0.00 26,800.00 - 26,428.00 0.00 Page 3