Management Agreement with Miami Beach Garden Conservancy , INC. )0/7-39000
MANAGEMENT AGREEMENT BETWEEN
THE CITY OF MIAMI BEACH, FLORIDA
AND
MIAMI BEACH GARDEN CONSERVANCY, INC.
THIS MANAGEMENT AGREEMENT (the "Agreement"), is made and executed
as of this 2.4 day of &v n« , 2018, by and between the CITY OF MIAMI BEACH,
FLORIDA, a municipal corporation organized and existing under the laws of the State of
Florida (the "City"), and MIAMI BEACH GARDEN CONSERVANCY, INC., a Florida not-
for-profit corporation, 2000 Convention Center Drive, Miami Beach, Florida 33139 (the
"Conservancy").
WITNESSETH RECITALS:
WHEREAS, the City is the owner of the Miami Beach Botanical Garden (the
"Botanical Garden"), located at 2000 Convention Center Drive, Miami Beach, Florida
33139; and
WHEREAS, the Conservancy is an organization with members committed to
promotion of the Botanical Garden as a horticultural, educational, and cultural arts
venue; and the Conservancy and its precedents have, for the past nineteen years,
raised funds and volunteered time to improve the Botanical Garden's contribution to a
higher quality of life in Miami Beach; and
WHEREAS, the City requires citizen participation in the development and
operation of the Botanical Garden so that there can be a strong "public/private
partnership" of efforts in funding to fully realize the Botanical Garden's potential; and
WHEREAS, on July 7, 1999, the City Commission authorized the execution of a
Concession Agreement with the Conservancy, which permitted the Conservancy use of
the Botanical Garden, specifically, the Welcome Center, gift shop, and the orchidariums;
and
WHEREAS, the Conservancy's purpose was to provide volunteer public
information, and horticultural, educational and conservational services, and support the
capital improvements, programming and building/grounds maintenance needs at the
Botanical Garden; and
WHEREAS, on April 18, 2001, the City Commission approved a Management
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
WHEREAS, on January 17, 2007, the City Commission approved a Management
Agreement with the Conservancy for the operation of the Botanical Garden, with an
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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, on 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 City Commission adopted Resolution No.
2017-29742, and on April 26, 2017, the City Commission adopted Resolution No. 2017-
29832, waiving certain development regulations and concurrency requirements for the
Botanical Garden, enabling the Botanical Garden to apply for certain use and alcohol
licenses; and
WHEREAS, on September 25, 2017, the Mayor and City Commission adopted
Resolution No. 2017-30006, waiving, by 517th vote, the competitive bidding requirement,
finding such waiver to be in the best interest of the City, and approving this Agreement
in substantial form, and further authorizing the Mayor and City Clerk to execute the final
negotiated Agreement, subject to review and approval by the City Attorney.
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 hereby conclusively acknowledged, it is agreed by the parties
hereto as follows:
SECTION 1.
The City hereby grants to the Conservancy, and the Conservancy hereby
accepts from the City, this Agreement to manage and operate the Botanical Garden,
located at 2000 Convention Center Drive, Miami Beach, Florida (the Botanical Garden
or, in the alternative, the Premises), in conformance with the purposes and for the
period stated herein and 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 June 30, 2022.
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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 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 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 responsible for its management and maintenance, as further set forth herein.
SECTION 4. GOAL AND PRIORITIES.
The Botanical Garden shall be managed and developed as a multi-purpose
community resource centered on an outstanding public botanical garden which
provides:
— Enjoyment of a beautiful botanical garden
— Education for children and adults
— A unique and enjoyable venue for visual and performing arts, special
events, receptions, and community meetings
— A catalyst for community promotion of beautification and ecological
improvement of the City
— A popular and memorable tourist destination
The City and the Conservancy intend that the activities programmed in and
pertaining to the Botanical Garden continuously increase in scope and number so that
the Garden favorably impacts an increasing number of residents and visitors.
SECTION 5. OPERATION AND MANAGEMENT OF THE BOTANICAL
GARDEN.
5.1 All activities undertaken at the Botanical Garden shall be to advance the
goals and priorities set forth 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;
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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.O.) 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 the meeting room facilities, on a space available basis, at no
charge. Duly constituted garden clubs with membership primarily situated
in the City shall have the right to hold their regular meetings at the
Botanical Garden at no charge.
5.2 Hours of Operation. City and Conservancy herein agree that normal
hours of operation for the Botanical Garden for the general public shall be 9:00 am to
5:00 pm on Tuesday - Sunday. These hours shall not otherwise be extended or
shortened without the prior approval of the City Manager or his designee, which
approval shall not be unreasonably withheld. Notwithstanding the preceding, the
Conservancy shall not require prior consent of the City to operate the Botanical Garden
beyond the foregoing normal hours of operation for functions, consistent with the goals
and priorities in Section 4, such as special events, cultural events, and receptions.
SECTION 6. BASE USE FEE/ RELATED ACTIVITIES/FINANCIAL
RECORDS AND REPORTS.
6.1 Base Use Fee. As partial consideration for the City's allowing the
Conservancy to use the Premises for the purposes, and in accordance with the terms
and conditions, set forth in this Agreement. The Conservancy shall pay to the City an
annual base usage fee of one dollar($1.00) per year.
6.2 Related Business Activity. The City acknowledges that the
Conservancy may derive additional revenues from business it conducts upon or from
the Premises, including, but not limited to, event rental of the Premises, gift shop sales,
plant sales, classes, tours, and sale of food and beverages. The Conservancy herein
acknowledges that any and all business 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. The Botanical
Garden shall not be used as an alcoholic beverage establishment, as defined by the
Code; however, there may be catered events (e.g. picnic, barbeque, dinner, luncheon,
weddings, special events, etc.) incidental to the goals and priorities set forth in Section
4, where alcohol may be served.
6.2.1 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
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obtained concurrent with the execution of this Agreement by the parties, by submittal of
proposed uses/business 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 on the Premises. Additionally, the City's approval of any proposed
uses/business 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.
6.2.2 Cessation/Suspension of Approved Use(s) and/or Business
Activity(ies). Notwithstanding any provision in this Agreement, in the event that a
particular use or business activity has been approved by the City Manager, and the City
Manager thereafter, upon reasonable inquiry, determines that the continuation of such
uses or activities 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, or welfare of the City,
then the City Manager or his designee, upon thirty (30) days prior written notice to the
Conservancy, may revoke, suspend, or otherwise disallow the uses or business
activities, and the Conservancy shall immediately cease and desist in providing, or
continuing with, said uses or business activities within the time period and manner
prescribed by the City. In the alternative, the City Manager or his designee may allow
the Conservancy to continue with the objectionable use or business activity, subject to
such additional guidelines, as may be determined and established by the City Manager
or his designee.
6.3 Financial Records and Reports. The Conservancy shall keep on the
Premises, or such other place within Miami Dade County, Florida, as approved by the
City, true, accurate, and complete records and accounts of all receipts and expenses for
business being transacted upon or from the Premises pursuant to this Agreement and
shall give the City, or its designated representative, access during reasonable business
hours to examine and audit such records and accounts. The Conservancy shall provide
the City Manager or his designee, with time frames consistent with City's fiscal year, a
quarterly report of receipts and expenditures with a comparison to the stated budget
and projection for the balance of the budget period, due thirty (30) days after the
reporting period. 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 conducted pursuant to this Agreement. Said statement shall
be certified as true, accurate 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 resort taxes for any applicable 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 taxes and shall not return any security deposit held, if any, until
proof of payment has been provided.
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SECTION 7. BUDGET AND FUNDING FOR THE BOTANICAL GARDEN.
7.1 Proposed Budget. Throughout the term of this Agreement, on or before
February 1st of each year, the Conservancy shall submit for review and approval by the
City Manager or his designee, an annual operating budget proposed for the upcoming
City fiscal year(October 1 - September 30). The detailed, line-item budget shall include
a projected income and expense statement, a projected year-end balance sheet, a
statement of projected income sources, and application of funds. Additionally, the
budget shall include, without limitation, the following detailed projections:
a. Gross revenues by categories from all revenue sources derived from or
upon the Botanical Garden (including, without limitation, from business
uses and/or activities on the Premises);
b. Operating expenses of the Botanical Garden;
c. Administrative, labor and general expenses;
d. Marketing, advertising and promotion expenses;
e. Energy costs, to the extent not supplied by the City;
f. Regular repairs and maintenance, to the extent not performed by the City.
7.2 Programmatic Plan.
Accompanying the Conservancy's proposed annual budget shall be the Botanical
Garden Programmatic Plan for the next fiscal year, detailing the then-known activities
planned, and the number of residents and visitors anticipated to be impacted.
SECTION 8. NOT A LEASE.
It is expressly understood and agreed that no part, parcel, building, structure,
equipment or space is leased to the Conservancy; that this Agreement is a
management agreement and not a lease; and that the Conservancy's right to operate,
and manage the Botanical Garden shall continue only so long as the Conservancy
complies with the undertakings, provisions, agreements, stipulations and conditions of
this Agreement.
SECTION 9. ALTERATIONS, MAINTENANCE, AND REPAIRS.
9.1 Alterations. It is understood by the parties hereto that, unless otherwise
agreed to by the parties, 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
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consent of the City 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 for said
repairs. Examples of "minor' repairs may include, without limitation, minor electrical
and plumbing, HVAC repair, broken windows and/or doors, and partial painting 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.
9.1.1 City Improvements. The City, at its sole cost and expense, shall
have the right to make alterations, additions, or improvements to the Premises ("City
Improvements"), which in the City's sole and absolute discretion, are deemed necessary
or desirable. The Conservancy hereby waives all claims for compensation, loss, or
damage sustained by reasons of any interference with its operation and management of
the Premises resulting from the installation of said City Improvements. Additionally, the
completed City Improvements, as part of the Premises, shall be maintained by the City
or the Conservancy, as applicable, pursuant to Section 9.2.
9.2 Maintenance. The City shall continue to •have sole responsibility for
maintenance and repair of all facilities, improvements and facilities and utilities
infrastructure equipment on the Premises. However, notwithstanding the preceding
sentence, the Conservancy continues to accept the Botanical Garden, particularly the
aforementioned, in its present "as-is" condition from the City. The Conservancy shall, at
its sole cost and expense, to the satisfaction of the City, keep and maintain the
Premises, and all improvements thereon, in good, clean, and sanitary order. The
Conservancy shall, at its sole cost and expense, have the sole responsibility for
maintaining the grounds and horticulture of the Botanical Garden, including any exterior
electrical landscape fixtures and/or receptacles (but specifically not including the
electrical panels and light poles), irrigation system, ponds, pumps, landscape features
and any supporting decorative, mechanical, electrical, plumbing, or wiring elements of
the grounds. Notwithstanding the foregoing, the City shall be responsible for the
replacement of any major plumbing and/or electrical equipment. The Conservancy shall
also be responsible for any urgent or emergency repairs needed in time for rental
agreements or events hosted by the Conservancy. 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 Specifications for Maintenance of the Miami Beach Botanical Garden".
9.3 Maintenance Report. It is further understood that the Conservancy
shall provide the City with a quarterly maintenance report, in a format to be approved by
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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.
9.4 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 have the right to periodically take an
inventory of any or all equipment on the Premises.
In the event that the Conservancy deems it necessary and appropriate to
supplement the City equipment set forth in Exhibit "D", through either the direct lease or
purchase by the Conservancy of additional equipment to be used for the operation and
maintenance of the Premises, the Conservancy shall be required to submit a list of all
equipment either leased or purchased directly by the Conservancy and shall provide the
City with copies of any applicable lease purchase agreements, and all invoices and
validation of payments related to such lease/purchase agreements, in order for the City
to properly maintain an account for such newly acquired inventory against the original
list set forth in Exhibit "D". It shall also be the Conservancy's responsibility to
supplement such list periodically in the event of any new equipment leases or
purchases.
In the event that a lease/purchase agreement for equipment acquired by the
Conservancy extends beyond the duration of this Agreement, the City, at its sole option,
shall have the right to either purchase such equipment (in the event of a lease/purchase
agreement), or assume the lease on the same terms and conditions as originally made
available to the Conservancy. Notwithstanding the preceding, the Conservancy shall
not purchase or lease any supplemental equipment to be used by the Conservancy for
the purpose of operating and managing the Premises under this Agreement, without
first having obtained the prior written approval of the City Manager or his designee.
9.5 Alcohol License. The Conservancy shall obtain permitting and licensing
from the appropriate governmental authorities for the service of alcoholic beverages.
Conservancy has accepted the Botanical Garden "as is" and the City is under no
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obligation to provide improvements or entitlements in conjunction with said alcoholic
beverage license. The Conservancy shall only be allowed to use the Premises for the
sale and service of alcoholic beverages for consumption on the Premises.
Upon termination of this Agreement for any cause whatsoever, the licenses, permits,
and entitlements, including the alcoholic beverage license issued by the State of
Florida, shall become the property of the City, and the Conservancy, or its successor
and/or assignees, shall fully cooperate in gratuitously transferring the license(s) to the
City.
SECTION 10. RENTAL OF PREMISES FOR SPECIAL EVENTS/
RECEPTIONS/ COMMUNITY MEETINGS, AND GENERALLY.
10.1 Rental of Premises. 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 rental rates and
policies and procedures established and approved by the City and which are attached
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 City shall require
the Conservancy to amend its version of same, which will be attached as a new Exhibit
"E" to this Agreement.
10.2 Use of Revenues. Any commercial activity at the Garden shall be
undertaken for the purposes of furthering the purposes set forth in Section 4 herein, and
must be approved by the City, as provided in Section 6.2.1 of this Agreement, and may
be disapproved and/or otherwise redefined, as provided in Section 6.2.2 of the
Agreement. All revenues received by the Conservancy in connection with the
operation, management, and its portion of the programming of 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 from 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
preceding fiscal year during the term of this Agreement.
10.3 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 intended by this Agreement are being achieved and the Botanical Garden is
being operated in the best interest of the City.
10.4 The Conservancy shall require that all users of the Botanical Garden
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(excepting the City) provide Certificates of Insurance evidencing appropriate insurance,
in conformance with the policies of the City's Risk Manager and Section 21 herein, an
example of which appears in Exhibit E. In accordance with Section 21 of this
Agreement, all such policies of insurance shall be kept in full force at all times
throughout the period of intended use, all policies shall name the City as an additional
insured, and copies of certificates of insurance shall be furnished to the City Risk
Manage.
10.5 Quarterly Activity Report. The Conservancy shall provide a quarterly
written report of all past events at the Premises or related to the Botanical Garden,
providing detailed information on events which actually occurred during the reporting
period and the number of persons participating in those events.
10.6 Use by the City. The City shall have the right to use the Botanical
Garden, or any part thereof, subject to availability, 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 use of the Botanical Garden shall not be competitive with, nor conflict with, events
booked or sponsored by the Conservancy, and shall be booked in advance with
reasonable notice, and shall not disrupt planned maintenance of the Premises.
SECTION 11. CITY'S CONTRIBUTION.
The Conservancy shall continue to use its best efforts to obtain public/private
grant funding and private contributions for the support of the Botanical Garden.
Throughout the Term of this Agreement, it is the intent of the parties that Conservancy-
initiated funding grows on a continual basis. During the term of this Agreement, the
Conservancy shall include, in its annual proposed budget and/or Programmatic Plan,
the 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 amount
shall be approved as part of the City's own annual budget process. Any City
Contribution to the Conservancy shall be remitted to the Conservancy in equal quarterly
payments, 30 days from receipt of an invoice from the Conservancy, along with all
quarterly reports, budgets, and statements that are due as per subsections 6.3, 9.2, and
10.1-10.5.
SECTION 12. ASSIGNMENT/SUBLET.
The Conservancy may not sublet or assign this Agreement, or any part thereof,
without the prior written approval of the City, which approval, if given at all, is at the sole
discretion of the City. Similarly, Conservancy shall not act as an agent or representative
on behalf of 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
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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
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 loss 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; TAXES; APPLICABLE LAWS.
The Conservancy agrees to obtain and pay for all permits and licenses
necessary for the conduct of its business and agrees to comply with all laws governing
the responsibility of an employer with respect to 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 are caused 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 rules, regulations and laws of the City;
Miami-Dade County; the State of Florida; and the U.S. Government now in force or
hereafter to be adopted.
SECTION 16. UTILITIES.
Subject to annual budget appropriations, the City agrees to pay for the expense
of utilities used within the Premises, to the extent such utilities (and such expenses) are
customary and consistent with the City's budgeted resources for the Botanical Garden,
including but not limited to electric, water, gas, telephone service (defined for purposes
herein as one line, exclusive of long distance and internet services), and garbage
disposal. The City reserves the right to review said expenses for utilities at any time
during the Term of this Agreement. In the event that such charges exceed the
budgeted costs for utilities at the Botanical Garden, the City reserves the right, in its
sole and absolute discretion, to amend this Section 16, thereby assigning responsibility
to the Conservancy for any surplus utility expense. Should the Conservancy contest
such assignment of responsibility for surplus utility expenses, the City reserves the right
to terminate this Agreement without further notice to Conservancy, and further avail
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itself of any and all remedies to recoup such utility costs from the Conservancy.
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
therefrom. Ordinance No. 2011-3730 of the City Commission amended 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'), and exempted the Botanical Garden from
the requirements of the City's Naming Ordinance.
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). The Conservancy shall include
the name of the City of Miami Beach in its publications, advertising, promotions,
websites, announcements, and other similar and related materials referring to the
Botanical Garden and/or the Premises; provided, however that the Conservancy shall
not use the City's name and/or logo in any of the aforestated medias and/or materials
issued by the Conservancy, or in any other manner(whether express or implied), for the
purpose of soliciting funding, donations, and/or other monies for the Botanical Garden
(other than to identify the location of the Botanical Garden and/or the Premises as being
situated within the City of Miami Beach), without the express written consent and/or
permission of the City Manager.
All signage (whether exterior or interior) shall be subject to the City Manager's
prior written approval as to size, location, materials, and aesthetics. The Conservancy
agrees that it shall bear all costs to obtain and install any new signage (including,
without limitation, any costs related to obtaining all required approvals and/or permits).
Naming rights in connection with sponsorships (i.e. sponsorship names) shall be
subject to the City Manager's prior written approval, which shall not be unreasonably
withheld. In no event shall any sponsorship names be permitted which include the
names of any company selling the following type of products: guns, tobacco, or sexual
products (the "Prohibited Names").
In no event shall any portion of the Botanical Garden and/or the Premises be
named or re-named after an individual who has committed an illegal act (regardless of
whether it becomes known to the Conservancy and/or the City before or after the
approval of the proposed naming).
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,
12
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
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 17.2, no name (and/or signage related
thereto) approved in the Botanical Garden and/or the Premises, or any portion thereof,
shall be allowed to remain beyond the Term of this Agreement, and the City shall have
no liability, whether to the Conservancy, and/or to third parties, in connection with the
removal of any signage following the termination and/or expiration of this Agreement.
SECTION 18. FORCE MAJEURE.
The performance of any act by Conservancy or the City hereunder may be
delayed or suspended at any time while, but only so long as, either party is hindered in
or prevented from performance by acts of God, the elements of war, rebellion, strikes,
lockouts or any other cause beyond the reasonable control of such party; provided.
However, that if the condition of force majeure exceeds for more than a period of ninety
(90) days, the City or Conservancy may, at their respective option and discretion,
terminate this Agreement.
SECTION 19. INSPECTION.
The Conservancy agrees that the Premises may be inspected at any time upon
reasonable notice by authorized representatives of the City, or by any other State,
County, Federal or municipal officer or agency having responsibilities for inspections of
such operations and/or premises. The Conservancy agrees to undertake immediately
the correction of any deficiency cited by such inspectors on the Premises, which is
properly the responsibility of the Conservancy pursuant to this Agreement.
SECTION 20. WAIVER OF INTERFERENCE.
The Conservancy hereby waives all claims for compensation for loss or damage
sustained by reasons of any interference with its operation and management of the
Premises by any public agency or official as a result of their enforcement of any laws or
13
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
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 Employers Liability Insurance in an amount not less than $1,000,000.
Commercial General Liability on a comprehensive basis in an amount not less
than $2,000,000 combined single limit per occurrence, for bodily injury and property
damage, with the City of Miami Beach named as additional insured and include the
following limits:
i. Products (Completed Operations Aggregate), for not less than $2,000,000
ii. Personal and advertising (injury) for no less than $1,000,000 combined single
limit per occurrence
iii. Fire legal liability damage for no less than $100,000
iv. Medical expense for no less than $ 5,000
v. Pesticide liability shall be provided separately, or as part of the general liability
coverage, in an amount not less than $1,000,000.
All-Risk property and casualty insurance, written at a minimum of eighty (80%)
percent of replacement cost value and with replacement cost endorsement, covering all
leasehold improvements installed in the Demised Premises by or on behalf of Tenant
and including without limitation all of Tenant's personal property in the Demised
Premises (including, without limitation, inventory, trade fixtures, floor coverings,
furniture, and other property removable by Tenant under the provisions of this
Agreement).
Automobile Insurance shall be provided covering all owned, leased, and hired
vehicles and non-ownership liability for not less than the following limits:
i. Bodily Injury $1,000,000 per person
ii. Bodily Injury $1,000,000 per accident
hi. Property Damage $500,000 per accident
14
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 insured, the City, its affiliates, and any mortgagee of City in connection with
the facility.
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.
21.2 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 Should the Conservancy fail to obtain, maintain or renew the policies of
insurance referred to 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 compensate 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 deemed an event of default hereunder.
21.5 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.
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
15
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 suffer, or through its actions or anyone
under its control or supervision, cause to be filed upon the Premises any lien or
encumbrance of any kind. In the event any lien is filed, the Conservancy agrees to
cause such lien to be discharged within ten (10) days therefrom, and in accordance with
the applicable law and policy. If this is not accomplished, the City may automatically
terminate this Agreement, without further notice to the Conservancy.
SECTION 24. CONSERVANCY EMPLOYEES AND MANAGERS.
The City and the Conservancy recognize that in the performance of this
Agreement, it may be necessary for the Conservancy to retain employees and/or
managers to effectuate and optimize the Conservancy's management and operation of
the Botanical Garden. Any employees, agents, independent contractors, volunteers,
and/or other individuals and/or entities retained by the Conservancy for such purpose(s)
shall not be deemed to be agents, employees, partners, joint venturers or associates of
the City and shall not obtain any rights or benefits under the civil service or pension
ordinances of the City or any rights generally afforded classified or unclassified
employees of the City; further they shall not be deemed entitled to the Florida Worker's
Compensation benefits as employees of the City. Failure to comply with this provision
shall constitute a violation of this Agreement. The Conservancy shall have an
experienced manager or managers overseeing the Premises at all times. Any criminal
activity on the Premises caused by or knowingly permitted by the Conservancy shall
result in automatic termination of this Agreement.
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
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.
16
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 measuring
five (5) gallons or less), benzine, naphtha, or other similar substances, or explosives of
any kind, or any substance or material prohibited in the standard policies of fire
insurance companies in the State of Florida.
SECTION 27. NO CLAIM AGAINST CITY EMPLOYEES.
It is expressly understood and agreed by and between the parties hereto that all
individuals, employees, officers, and agents of the City are acting in a representative
capacity and not for their own benefit; and, further, neither the Conservancy nor any
occupant shall have any claim against them collectively or individually in any event
whatsoever, in conjunction with any acts or duties which are reasonably related to the
performance of their duties.
SECTION 28. DEFAULT AND TERMINATION.
If either party fails to perform in accordance with any of the terms and conditions
of this Agreement, and such default is not cured within thirty (60) days after written
notice is provided, the aggrieved party shall have the right to immediately terminate this
Agreement and, as the case may be, either vacate or re-enter the Premises, without
further notice or demand. At its option, either party may also pursue any and all legal
remedies available to seek redress for such default.
SECTION 29. TERMINATION FOR CONVENIENCE.
Notwithstanding the provisions of Section 28, this Agreement may be terminated
by the City, for convenience and without cause, upon the furnishing of sixty (60) days
written notice to the Conservancy.
SECTION 30. NOTICES.
Notice under this Agreement must be in writing and mailed by registered or
certified mail. Notices from the City to the Conservancy shall be deemed duly served if
sent to:
Miami Beach Garden Conservancy, Inc.
Attn: Executive Director
2000 Convention Center Drive
Miami Beach, Florida 33139
17
All notices from the Conservancy to the City shall be deemed duly served if sent to the
following addresses:
City of Miami Beach
Attn: City Manager
1700 Convention Center Drive
Miami Beach, Florida 33139
With copies to:
City of Miami Beach
Attn: Asset Manager
1700 Convention Center Drive
Miami Beach, Florida 33139
The Conservancy and the City may change its foregoing registered address upon
providing the other party with written notification.
SECTION 31. NO DISCRIMINATION.
The Conservancy shall comply fully with the City of 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, housing, public accommodations, and
public services on account of actual or perceived race, color, national origin, religion,
sex, intersexuality, gender identity, sexual orientation, marital and familial status, age,
disability, ancestry, height, weight, domestic partner status, labor organization
membership, familial situation, or political affiliation.
SECTION 32. VENUE.
This Agreement shall be governed by, and construed in accordance with the laws
of the State of Florida, both substantive and remedial, without regard to principles of
conflict of laws. The exclusive venue for any litigation arising out of this Agreement
shall be Miami Dade County, Florida, if in State court, and the U.S. District Court,
Southern District of Florida, if in Federal court.
BY ENTERING INTO THIS AGREEMENT, THE PARTIES EXPRESSLY WAIVE ANY
RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OR ANY CIVIL
LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT.
SECTION 33. LIMITATION OF LIABILITY.
The City desires to enter into this Agreement only, if in so doing, the City can
place a limit on its liability for any cause of action for money damages due to an alleged
breach by the City of this Agreement, such that its liability for any breach never exceeds
the sum of $10,000. The Conservancy hereby expresses its willingness to enter into
this Agreement with its recovery from the City, for any action for breach of contract,
limited to a maximum amount of $10,000, less the amount of all funds actually paid by
the City to Contractor pursuant to this Agreement.
18
Accordingly, and notwithstanding any other term or condition of this Agreement,
the Conservancy hereby agrees that the City shall not be liable to the Conservancy for
damages in an amount in excess of $10,000, which amount shall be reduced by the
amount actually paid by the City to the Conservancy 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
section 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.
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 café patrons.
Expanded polystyrene is a petroleum byproduct commonly known as Styrofoam.
Expanded polystyrene is more particularly defined as blown polystyrene and expanded
and extruded foams that are thermoplastic petrochemical materials utilizing a styrene
monomer and processed by any number of techniques including, but not limited to,
fusion of polymer spheres (expandable bead foam), injection molding, foam molding,
and extrusion-blown molding (extruded foam polystyrene).
Expanded polystyrene food service articles means plates, bowls, cups,
containers, lids, trays, coolers, ice chests, and all similar articles that consist of
expanded polystyrene.
Conservancy agrees not to sell, use, provide food in, or offer the use of
expanded polystyrene food service articles at the Premises or in connection with this
Agreement. A violation of this section shall be deemed a default under the terms of this
Agreement. This subsection shall not apply to expanded polystyrene food service
articles used for prepackaged food that have been filled and sealed prior to receipt by
Conservancy.
Conservancy shall ensure that any authorized vendor, renter, contractor,
subcontractor, or operator, on or for the Premises abides by the restrictions contained in
this subsection.
SECTION 35. FLORIDA PUBLIC RECORDS LAW.
35.1 The Conservancy shall comply with Florida Public Records law under
Chapter 119, Florida Statutes, as may be amended from time to time.
35.2 The term "public records" shall have the meaning set forth in Section
119.011(12), which means all documents, papers, letters, maps, books, tapes,
19
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 Conservancy
meets the definition of "Contractor' as defined in Section 119.0701(1)(a), the Tenant
shall:
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 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 and following completion of the Agreement if
the Tenant does not transfer the records to the City;
35.3.4 Upon completion of the Agreement, transfer, at no cost to the City, all
public records in possession of the Contractor or keep and maintain public records
required by the City to perform the service. If the Contractor transfers all public records
to the City upon completion of the Agreement, the Contractor shall destroy any
duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. if the Contractor keeps and maintains public records upon
completion of the Agreement, the Contractor shall meet all applicable requirements for
retaining 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 City.
35.4 Request for Records; Noncompliance.
35.3.1 A request to inspect or copy public records relating to the City's
contract for services must be made directly to the City. If the City does not possess the
requested records, the City shall immediately notify the Contractor of the request, and
the Contractor must provide the records to the City or allow the records to be inspected
or copied within a reasonable time.
35.3.2 Contractor failure to 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/or(3) avail itself of any available remedies at law or in equity.
35.3.3 Contractor who fails to provide the public records to the City within a
reasonable time may be subject to penalties under s. 119.10.
20
35.5 Civil Action.
35.3.1 If a civil action is filed against a Contractor to compel production of
public records relating to the City's contract for services, the court shall assess and
award against the Contractor the reasonable costs of enforcement, including
reasonable attorney fees, if:
4.5.1.1 The court determines that the Contractor unlawfully refused to
comply with the public records request within a reasonable
time; and
4.5.1.2 At least 8 business days before filing the action, the plaintiff
provided written notice of the public records request, including
a statement that the Contractor has not complied with the
request, to the City and to the Contractor.
35.3.2 A notice complies with subparagraph (1)(b) if it is sent to the City's
custodian of public records and to the Contractor at the Contractor address listed on its
contract with the City or to the Contractor registered agent. Such notices must be sent
by common carrier delivery service or by registered, Global Express Guaranteed, or
certified mail, with postage or shipping paid by the sender and with evidence of delivery,
which may be in an electronic format.
35.3.3 A Contractor who complies with a public records request within 8
business days after the notice is sent is not liable for the reasonable costs of
enforcement.
35.6 IF THE CONSERVANCY HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE TENANT'S DUTY
TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT
THE CUSTODIAN OF PUBLIC RECORDS AT:
CITY OF MIAMI BEACH
ATTENTION: RAFAEL E. GRANADO, CITY CLERK
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 33139
E-MAIL: RAFAELGRANADO@MIAMIBEACHFL.GOV
PHONE: 305-673-7411
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
21
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, FLORIDA
-gr
F RFl A
RA AEL E. G NA k O �� [ DAN GEL R,
CITY CLERK \ � r MAYOR
't
Attest: v > )\`--:D' MIAMI BEACH GARDEN
,/� ryR,- ,, fro CONSERVANCY,� /y.! INC
C-1-472f
/�' I/ ry/\
Secretary / President
?cOt ee �L IG�-Q,O�A.Rpen 14Prat/ E Hv -Qi��t.r2
Print Name Print Name
APPROVED AS TO
FORM & LANGUAGE
&FOR EXEC40•N
artAttOr :VAS(' 0/-
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22
STATE OF FLORIDA )
SS:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this .744 day of
n , 2018, by Dan Gelber, Mayor, and Rafael E. Granado, City Clerk, or
their biesignees respectively, on behalf of the CITY OF MIAMI BEACH, FLORIDA,
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. Aird WITNESS my hand and official seal, this 24" day of h/ir
2018.
-4T4.77ha(e
Notary Public, State of Florida at Large
Commission No.:
My Commission Expires:
CNA CMOILLO
1st' MY COMMISSION 0 FF 155322
lig I 1. EXPIRES:August 27,2018
STATE OF FLORIDA ) Us Bonded Tutu Wary PubiuWw sr.
SS:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this day of
�tyJlr i 2018, by J-fu,-Y,i ,14 u•da- on behalf of 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 ."(I[,/, ( ,
2018. V
r l i
..ice
Notary Public, State of Florida at Lar. -
Commission No.:
My Commission Expires: [7:17.ywww
g"ir CARMENB.HNRNAiJ�FZ
MY C'O.NMISSIpNtFF111Rg
g tong
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25
EXHIBIT A
(3 of 3)
LEGAL DESCRIPTION:
COMMENCE AT THE INTERSECTION OF THE CENTER UNES OF MERIDIAN AVENUE
MO 191H STREET. AS SHOWN IN AMENDED PLAT OF GOLF COURSE
SUBDIVISION OF THE ALTON BEACH REALTY PROPERTY, RECORDED IN PLAT
BOCK 6. AT PAGE 26. PUBLIC RECORDS OF MIAMI-OADE COUNTY. FLORIDA;
THENCE NORTH 6959'28' EAST. ALONG THE CENTER LINE OF SAID 19TH
STREET FOR A DISTANCE OF 289.19 FEET; THENCE NORTH 00105'22 EAST
FOR A DISTANCE OF 20.00 FEET TO A POINT LOCATED IN THE NORTH
RICHT-OF-WAY LINE OF SAID 19TH STREET. SAID POINT BEING THE POINT OF
BEGINNING OF THE TRACT OF LAND HEREIN DESCRIBED; THENCE CONTINUE
NORTH 00'05'22' EAST. FOR A DISTANCE Cr 77.16 FEET; THENCE NORTH
60'46'15' EAST FOR A DISTANCE OF 5.09 FEET; THENCE NORTH 00.31'52
WEST FOR A DISTANCE OF 49.86 FEET; THENCE NORTH 69'57'30' EAST FOR A
DISTANCE OF 36.03 FEET; THENCE NORTH 03'25'21 EAST FOR A DISTANCE
Of 74,30 FEET; THENCE NORTH 62'22'40' WEST FOR A DISTANCE or is.oe
FEET; THENCE NORTH 24'45'39 EAST FOR A DISTANCE Of 0.66 FEET TO A
POINT OF TANGENCY; THENCE ALONG THE ARC OF A CURVE CONCAVE TO THE
SOUTHWEST, HAVING A CENTRAL ANGLE OF 1002912 AND A RADIUS OF
30.00 FEET. FOR A OISTANCE OF 52.62 FEET; THENCE NORTH 75.43'32 WEST
FOR A DISTANCE OF 17.20 FEET TO A POINT OF TANGENCY: THENCE ALONG
THE ARC Of A CURVE CONCAVE TO THE NORTHEAST. HAVING A CENTRAL
ANGLE OF 12613'24' AND A RADIUS OF 29.13 FEET FOR A DISTANCE Of
65.19 FEET: THENCE NORTH 152315' WEST FOR A DISTANCE OF 63.56 FEET
TO A POINT. SAID POINT LOCATED IN THE EASTERLY RIGHT-OF-WAY LINE OF
COLLINS CANAL; THENCE NORTH 60'36'14' EAST. ALONG SAID EASTERLY
RIGHT-OF-WAY UNE OF COLLINS CANAL FOR A DISTANCE OF 332.55 FEET;
THENCE SOUTH 0001'37' EAST FOR A DISTANCE OF 532.12 FEET TO A POINT.
SAID POINT LOCATED IN THE EASTERLY EXTENSION OF THE NORTH
RIGHT-OF-WAY LINE OF THE ABOVE MENTIONED 19TH STREET; THENCE SOUTH
69'5916' WEST FOR A DISTANCE OF 260.22 FEET TO THE POINT OF
BEGINNING. SAID LANDS LOCATED. LYING AND BEINC IN SECTION 34, TOWNSHIP
53 SOUTH. RANCE 42 EAST, CITY Of MIAMI BEACH. FLORIDA ANO CONTAINING
116391 SQUARE FEET MORE OR LESS OR 2 6720 ACRES MORE OR LESS
26
EXHIBIT B
Rental Policies and Allowed Rental Uses
-CORPORATE RENTAL-
POLICIESAND PROCEDURES GARDEN
Deposit/Fee Schedule
1. A Deposit of 50%is required to reserve your desired date. This Mail be applied towads the contract
balance.Deposit is refundable for up to 30 days ess a$100.00 processing fee. Requests for
cancellation must be made n writing.
2. In addition to the cost,a Garden Cleaning Fee of$250.00 is due 30 days nefore the event.
3. Balance of payment is due 30 days arior to the hooting date- Balance of payment is non-refundable.
4. CANCELLAIICNS.
Cancel atoms made for any reason,other than a hurricane watch or warning as described below,
following the payment of the deposit will result in the Lessee's forte lure of the non-relundab'e
deposit Requests for cancellations must be made in venting.
5. CANCELLATIONS DUE TO INCLEMENT W EATHFR.
At no time shall the Garden be responsible or I Tor inclement or severe weather(such as
hurricanes)that may in any way affect Lessee's event at the Garden.,d rectly or indirectly. The
Garden may dose to the public in the event of a tropical storm or hurricane watch or wa ruing
established for Miami-Dade County. If the Garden must cancel and event due to preparation for,
ence,or aftermath of severe weather,the Lessee wil be offered an oppounity to se est En
alternrt
ate available date on which to have them event- There shall be no concessions or additional
expenses for changing the date;the appropriate fees for the rescheduled event snal apply and the
difference,if any,shall be refunded by tie Garden or pa id by the Lessee as appropriate. If the lessee
chooses to cancel their event at the Garden due to the Gardens closing or incapacity to ho d the
event due to tie preparation for,occurrence or aftermath of severe weather,Notice ci Cancellat on
must be made and delivered to the Garden no less than 24 hours Prior to the event to receive any
refund of rental money. Notwithstandrig the above,the Gorden shall in no way be resoonsible lo-
any consequential damages result rig from closure or other disruptions tc operations due to the
preparation for,occuvence or aftermath of severe weather.
6- Any event booked within the 30-day period sha l he paid in full lnoud ng the Garden Clean rig Fee
7 Al fees are subject to 7%I or Ida Sales Tax
8. Insurance Premiums will be quoted and charged$1 per expected number of oarocioants/p-ojected
number of people in attendance.
27
-CORPORATE RENTAL-
POLICIESANDPROCEDURES GARDEN
Catering
9. Full service catering is not permitted in the meeting rooms and is limited to cold food items- Please
inquire for a list al preferred caterers to provide services. Please advise if an outdoor reception s
desired,as addit 0 na l contract terms shall apply.
Tables and Chairs
10 Rental fees Inc'ade tables and chairs
Facilities Maintenance
11. A minimum of one Garden employee will be on duty throughout the event.
Vendors
12-Gent will make all a«angements for all other services and supplies needed for the event- A
complete Ilst of vendors with contact names,email address,and/or onone numbers must be
provided to the Garden two weeks prior to the pooping date
-
Additional Policies
13. TIME RESTRICTIONS.
The Botanical Garden is open to the public between 9:C0 am-and 5.00 p . If additional hours are
requested for setup or breakdown,additional hausly tees shall apply.
14. EVEN I SCHEDULE AND TIMELINE.
An event scnedule and timeline shall be provided to Garden staff at least two weeics prior to the
booking. Schedule must inc'ude'. delivery timeline,arrival times,departure times,set up details as
well as any other pertinent information.
15 SMOKING IS NGT PERMITTED IN THE GARDEN
16-Garden objects MAY NOT be moved or a'tered in any way(woks of art,signage).
1/. Plants,flowers,trees and structures MAY NOl be cut,altered or moved in any way.
18. Temporary Installations witnin the interior of the space are allowed as long as they are not ridid
stapled or taped to the walls Permitted installations include but are not limited to rented trees and
plants,lighting,sound systerr,etc If a ddi t opal setup is required for a Temporary l nstal lat'on,tns
can be arranged in accordance with the Garden schedule. Addit ona Fees may apply.
19 No material of any form can be affixed to any plant life. NO EXCEPTIONS. V alae on of this po ice will
resu t in the immediate forfeiting of the fu I amount of the Garden Cleaning Deposit t his int udes
but is not limited to fabric,'a nems,candles,string lights,etc.
28
-CORPORATE RENTAL-
POLICIES AND PROCEDURES GARDEN
2D. BREAKDOWN AND STORAGE
Lessee is responsible for removing all items from the premises immediately after the cooking.There
shall be no storage for rentals,installations,etcat the Garden after the event. Fa lure to fallow tnis
policy shall result in forte ture of the Garden Cleaning Deposit(otherwise refundable).
Garden condition and Appearance"ASIS'
21. Lessee is hilly aware that the Garden hosts mu tide private and puolic 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 setting you have selected for you-event. Please be aware tout desp to the efforts of
staff,wear and tear does occur on the Great Lawn and the plant I be from time to time,which can also
he made worse by Inc ement weather. Consider this when banking your event. Lessee agrees to
accept the event site in"AS-IS"condition By executing this contract,Lessee shall oe deemed to have
accepted the event site in acceptable order,coodit on and repay.
Assumption of Risk and Release of Liability
72 Lessee shah indemnify and hold harmless the City of Miami Beach,the Miami Beach Botanical Garden
and all officers,employees,agents and instrumentslit es from any and a I liability,losses,or damages,
including attorneys fees arid costs of defense,which the City,the Miami Beach Botan cal Garden or
its officers,employees,agents,or instrumentalities may incur es a result of claims,demands,suds,
causes of actions,or proceedings of any kind or nature arising out of,relat ng to or resulting from the
performance of this Permit by the Lessee or its employees,agents,servants,partners,principals
subcontractors,or vendors. Lessee shall pay all claims and losses;nnection therms t h and shall
investigate and defend all claims,suits or actions of any kind or nature i the name of the C ty of
Mia.miBeach,the Miami Beach Botanical Garden,where applicable, nci uding appellate proceed ngs,
and shall pay all costs,judgments,and attorney's fees wlcch may issue thereon.
Application is not accepted and date is not reserved unless this document is signed arid submitted along
with the required deposits.
I have read and understand these Policies and Procedures and agree to be hound by the terms of the
ental permit.
PRINT NAME DATE
SIGNATURE
29
Al -' I' ( Iry �i �,h ql-� MIAMI BEACH
"
BOTANICAL
GARDEN
"Lessee'shall at all times herein be defined as the party holdingtheevent at the Miami Beach Botanical
Garden C"Garden"I
Reservation and Payment
NON-REFUNDABLEDEPOSITS.
ASO%deposrt is due at thetime of booking and shall be appliedtowards the event balance.
Lesseewill have3 days to make the deposit payment after requestinga date. If the deposit Is not
paid within the 3-day period,Lessee shag he notified that the requested date will be released.
Deposisarenon-refundable after 30 days. Refundsaresublect to a$15Do0 processing fee.
2 CANCELLATIONS.
Cancellations made for any reason after the 30-day period.other than a hurricane watch or
warning as deslnbed below,f000wing the payment of the deposit will result in the Lessees
fortedure ofthenon-refundable deposit. Requests for cancellations must bemade in writing.
3 BALANCES.
Lessee must pay the outstandingbalancefor the event at least30 days prior to the event.
Reservations made within 30 days of he event must be paid in full at thetlme the contract is
executed. The Garden reserves the right to retain deposit and cancel any events that have
unpaid balances within 30 days prior the event
4 REFUNDABLEDEPOSITS
Refundabledeposas are due 30 days before the event and are preferred in the form of a credit
card or check. My charges will be brought to the client's attention after the event with photo
documentation.
a Garden DxmageDeposit
• $1,000 for thefirst 100 guests
• $1.500 for 200guests
• $2,000for 250guests
• Speoalrates will apply for 300 guests or more
b. Garden Cleaning Deposit of$S00.
• TheGarden does not provide after-party clean up service. My labor required by
Garden personnel to clean the event site will be done so at the additional cost of
5250 00
S. CANCELLATIONS DUE TO INCLEMENT 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 Lessee's event at the Gardendirectly or indirectly. The
Garden may dose to the public in the event of a tropical storm or hurricane watch or warning
established for Miami-DadeCo u nty. If the Garden must cancel and event due to preparation for.
occurrence,or aftermath of severe weather,the Lessee will be offered an opportunity to select
an alternate available date on which to have their event There shall be no concessions or
30
MIAMI BEACH
BOTANICAL
GARDEN
additanal expenses for changing the date;the appropriatefees for the rescheduled event shall
apply and the difference Jany,shall be refunded by the Garden or paid by the Lessee as
appropnate. If the Lessee chooses to cancel their event at the Garden due to the Garden's
closing or mcapacrty to hold the event due to the preparation foroccurrence or 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. Notwithstanding the above,
the Garden shah in no way be responsible(orany consequential damages resulting from closure
or other demotions to operations dueto the preparation for,occurrence or aftermath of severe
weather.
Insurance
6 Onemonth prior to the event,Lessee mustprovidetheGarden with.
a Certificate ofuabilny Insurance in the amount ofonemilllon dollars(S1,000,030)per
occurrencefor bodily injury and properly damage. Depending on thefacilrty usage or the
event,Products Liability and or Liquor Liability may also be required. This insurance policy
must document as thecertdaate holder(City of Miami peach and the Miami Beach Botanical
Garden,2000 Convention Center Drive,Miami Beach.FL 33139)as an'ADDITIONAL
INSURED'and be issued
b Workers Compensation per Flonda statues pertaining to same,for any employee of the
Lesseethat works in anycapacrty upon the Miami Beach BotanicalGarden Premises.
(
Please indudethe date of the event and party to be insured on the insurance document)
Garden Condition and Appearance 'AS IS'
7 Lessee is fully aware that the Garden hosts multipleprivateand 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 setting you have selected for your event Please be aware that
despite the efforts of staff,wear and tear does occur on the Great lawn and the plant life from
timeto time,which can also be made worse by inclement weather. Consider this when booking
your event Lessee agrees to accept the event site in'AS-IS'condition. By executingthis
contract,Lessee shall be deemed to haveaccepted the event site in acceptable order,condition
and repair.
Lessee's Responsibilities
8. Lessee*Responsiblefortheaaions of all subcontractors and/or vendors,which may include but
are not limited to party planners,entertainers,florists,caterers musicians,etc. Lessee is
responsiblefor ensuring that all subcontractors and vendors are aware of Garden's Policies and
Procedures.
9 Lessee agrees to abide by all City,County and State Laws while using Garden taalrties.
31
{rJLl6 tr,rn .A ) PROBOTANI
( n IAMB
CAL
_- BOTANICAL
GARDEN
10 Lessee understands that the City of Miami Beach Fire Code provides forthe immediate closure of
any Garden room exceeding the posted room capacity.
11 DRESSING ROOMS/STORAGE.
Lessee understands that theGarden srestroomsarethe only dressingfacilities available on the
site. Lessee cannot use Butterfly Room,Banyan Room(s).or Offices for Storage of Items
(personalor Event-related items)orf or dressing.
12 GARDEN STAFF.
Lessee understands that at least one Garden staff member shall be present at the event to
oversee the Garden per 100 guests(2 tithe Event has 200+guests and so on(. Lessee agrees to
adhere to all instructions of Garden Staff and or Security Officers on the premises before,during
and aftertheEvent.
13 REMOVAL OF INDIVIDUALS.
The Garden reserves the nght to remove from the premises anyperson(s)behaving in a manner
considered to be potentially harmfulordetnmentalto Garden or other guests.
10. VENDORS/SUBCONTRACTORSUST.
30 days pnorto Event,Lessee is responsible for providing a complete list of vendors with contact
names,phonenumbers and/oremailaddresses.
Event Set Up/Deliveries
15. Included in the Rental Fee is an allowance of 3 hours prior to the event time for set-up. My
addrtionaltimemustbescheduled in advanceand addrtionalfees may apply.
16 Lesseeis solely responsible for all deliveries,setup,breakdown and removal of decorations and
event related items.
17 DELIVERIES.
A Lessee or Lessee's designate shall be on site to receive all event-related shipments,vendors
and event production service contractors. TheGarden Staff will NOT accept responsibility or
deliveries equipmentinstallation placement or pickups.
b. 14 days prior to Event,Lessee is responslblefor providingan Event Schedule/rmellne that
must include delivery timeline arrival times,departure times,areas of the Garden being
used as well as any otherpertinent information(such as contact names,numbers and email
addresses(.
18 LOADINGANDUNLOADINGPROCEDURES.
a Ali vehicles Loading and Unloading shall be through the Garden gate on 20th Street and
Convention CenterDnve. All vehicles must use this gate. All vehicles must be removed from
the premises immediately after loading or unloading. There's absolutely NO PARKING in the
Garden
32
MIAMIBEACH
- BOTANICAL
GARDEN
b. Lessee is solely responsible for damageto the grass foliage,any landscaping items,sprinklers
or any other part of the irrigation system,any part of the on-siteelectncal system,and any
damages tothenaturalstone/pavers in the garden or concrete caused by any event related
vehicles during loading and unloading. Failureto comply will result in forfeitu re of the
damage deposit and the Garden reserves thenght to collect from Lessee any charges and/or
damages that arenot covered by the security deposit.
Facility Management/Event Security
19. FACILITY MANAGEMENT.
AGarden Attendant will be present onthe premises during the event to oversee the facility and
toensurethat the Garden is properly dosedand locked after the event break down. Thedubes
ofthestaff present dunng the event relate to the oversight and maintenance of the venue. The
staff member(s)are not involved in the security of the Lessee the Lessees guests or property.
There shall be one Garden Employee present for events less than 100 people. Events with more
than 100 attendees will requiretwo garden attendants as discussed above.TheM iami Beach
BotanicalGarden retains the authonty to determine the number of employees required for each
event.
20 EVENTSECURITY
The Garden requires the presence of a security officer for all events with over 100 guests or an
event that is serving alcohol. The Garden has a security company available if needed and the
charge for the officer will be$25.00 perhour($150.OOlfor the 4 hours of the actual event plus 2
additional hours for breakdown and cleanup. Please note that the security officer fee will be
doubled on thefollowing holidays. New Year's Eve,New years Day Memorial Day Thanksgiving
Day,Chnstmas Eve and Christmas Day. The Garden reserves the right to requireadditional
secunty officers accordingtothenumberof excepted guests in attendance. The Garden is NOT
responsibleforun-invited outside intrudersorlass ofpersonalproperty. You may choose to hire
your own licensedand insured company with documentation provided to the Garden no less
than 14 days prior to the event.
Parking
21 Parking shallbethe sole responsibilityof the Lessee Street parking is extremely limited in the
Convention Center-District. Thereare several City Garages adjacent to the Garden. Valet parking
is highly recommended for events. Upon inquiry,Garden Staff will recommend City of Miami
Beach approved vendors.
Restrictions and Prohibited Items
22 NOISE LEVELS.
The Garden is located near residential neighborhoods and a school.which are susceptible to
noise'rom Events. We pride ourselves on being good neighbors. Lesseeand guests shall
maintain reasonable noise levels and make no public disturbance All music shall not exceed the
sound levels established by the City at Miami Beach.
33
MIAMI PEACH
r a. � ... BOTANICAL
GARDEN
23 EVENT TIME RESTRICTIONS.
Events on Fnday or Saturday must end at 1:00 a m Events on Sunday through Thursday must
end at11.00pm
24 ALCOHOLIC BEVERAGES.
Alcoholic Beverages may not be consumed by anyone less than 21 years of age. Violation of this
term shall be grounds forimmediatetermination of the event It is the sole responsibility of the
Lesseeto obtain all licenses and permits with regard to the sale orotherwise dispensing of any
alcoholic beverage on Garden premises.
25 DECORATION AND LIGHTING.
a There is no use of glitter "silly string,"flower petals)natural or otherwise)orconfeft;on any
outdoor garden areas. This includes but is not limited to the tops of tables,centerpieces
bars,etc.
b To Protect the Property theuse of any taper thumbtacks nails.staples,or any similar
material,is not allowed upon any wall,ceiling,fenong,or any living plant. Pipe and drape is
the only way permitted to drape the indoor rooms.
c Affixing Matenal to Plant Life Prohibited-No material in any form can be affixed to any plant
life In the Garden. Violation of this policy win result in the immediateforferting of the full
amount of thesecurity deposit This includes but is not limited to fabnc lanterns candles
string lights etc.
d Open Frame is prohibited-Open flame is prohibited anywhere on the premises unless
attended by personnel authorized for such duty by the City of Miami Beach Fire Marshall.
Candles may be used only when protected by hu mcane lamps or similar glass enclosures that
do not allow flames to reach above enclosures.
26 Charcoal Grills are prohibited Propanegas 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 Lessees to use our authorized tent vendors that arefamber with the
property. No other tent companieswillbe permitted.
C All tents greater than 10by 12'in size must obtain alt appropriate building permits from the
Gq of Miami Beach.
28 ELECTRICAL POWER GENERATORS.
Theuse of electrical power generators for yourevent onsite must be approved bytheGarden
and requires a Crty of Miami Beach electrical permit. The required electncal permit must he
secured pnorto the event date and posted upon theGarden premises prior to any use.
34
MIAMI BEACH
BOTANICAL
GARDEN
29 SUBLEASE OF GARDEN.
Lesseemay not sublease wrthout written permissionfrom theGarden. Any such assignment
withoutwrrtten permission is VOID
30 PROHIBITION AGAINST SELF-CATERING.
All Events taking place at the Garden involving food must be professionally catered. No self-
catering is permitted. If the proper documentation regarding catering license insurance and a
signed catering contracting is not provided 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 PROHIBITED ON ALL GARDEN PROPERTY.
Event Clean Up and Breakdown
32. Lessee us Responsible for all breakdown and removal of decorations and event related terns 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 RENTALSUPPLIESANDEQUIPMENT.
All rental supplies and equipment must be delivered the day of the event into the scheduled
permitted by Garden Staff and picked up before 200 a.m.after the end of the event If there is
nofuncemn 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 12.00 noon. Otherwise a storage
fee of$250.00 per day will be deducted from Lessee's Deposit
34. FACIUTYCLEANING.
The Garden does not provide after-party dean up service. If caterer cannot,for any reason,
providefull dean up,Lessee is responsible(orcontrac ng a garden-approvedjanitonal vendor.
When the lessee/Caterer leaves the Garden,the faulty should look as rt did when the
Lessee/Caterer arrived. Failure to complywth this request will result in a cleaning fee of$25000
charged against Lessee's Deposit and may also result in suspension of Caterers eligibility to cater
future events attheGarden.
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 removaifee against Lessee's Deposit(otherwise refundable).
36 KITCHEN.
Lessee/Caterer is responsible for cleaning of all kitchen surface areas includingfloors,counter
tops sinks,refrigerator space.and cooking appliances,if any prior to departure. Failureto
comply with this requirement will result in Lessee being charged a$250.00 cleaning fee against
Lessees Deposit(otherwise refundable).
35
MIAMI EACH
BOTANICAL
GARDEN
Damages to the Facility
37 Lessee is solely responsibleforall damageto facilities incurred during the time of facility usage,
including outdoor spaces,landscaping and property. This includes any damage,which may result
from any of lessees vendors or suppliers
If necessary,an itemized invoicewlll be provided by the Garden to Lessee,no later than 30 days
afterthe event,notifying Lessee of the Gardens intent to withhold the cost of specific damages
from Lessees"Garden Damage Deposit.'
The Garden reserves the nght to collect from Lessee any charges and/or damages that exceed
theGarden Damage Deposit.
Assumption of Risk and Release of Liability
38 Lessee shall indemnify and hold harmless the CM of Miami Beach,the Miami Beach Botanical
Garden and an officers,employees,agents and instrumentalities from any and all11abilM,losses,
or damages,includingattorneys'fees and costs of delense,which the City of Miami Beach,the
Miami Beach Botanical Garden or its officersemployees,agents co-instrumentalities may incur
as a result of claims,demands suits,causes of actions.or proceedings of any kind or nature
annng out of,relating to or resultingfrom the performance of this Permit by the Lessee or its
employees,agents,servants,partners,principals subcontractors,or vendors. Lessee shall pay all
claims and losses in connection therewith and shall investigate and defend all claims,suits or
actions of any kid 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 which may issue thereon.
Application is not accepted and date is not reserved unless this document is signed and submitted along
with the required deposits
I have read and understandthesePolicies and Procedures and agree to be bound by the terms of the
rental permit
PRINTNAME DATE
SIGNATURE
36
(."REhIc ' V MIAMI BEACH
BOTANICAL
-oi c'.f k,r, aoI ;. - GARDEN
Deposit/Fee Schedule
1 Adeposit of 50%is required to reserve your desired date. This shall be applied towards the contract
balance.Deposit is refundablefor 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 before the event.
3 Balance of payment is due 30 days prior to the ceremony date Balance of payment is non-
refundable.
4 CANCELLATIONS.
Cancellations made for any reason,other than a hurricane watch or warning as described below,
following the payment of the deposit will result in the Lessee'sforfeitu re of the non-refundable
deposit Requests for cancellations must bemade in writing.
5. CANCELIATIONSDUETO INCLEMENT 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 Lessees event at the Garden,directly orindirectly. The
Garden may dose to the public in the event of a tropical storm or hurricane watch or warning
established for Miami-Dade County. If the Garden must cancel and event dueto preparationfor,
occurrence,or aftermath of severeweather,the Lessee will be offered an opportunity to select an
alternate available date 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
difference,if any,shall be refunded by the Garden or paid by the Lessee as appropriate. If the Lessee
chooses to cancel their event at the Garden due to 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 and delivered to the Garden no less than 24 hours prior to the event to receive any
refund of rental money. NotwithslandngtheabovetheGarden shall in no way be responsiblefor
any consequential damages resulting from closure or other disruptions to operations due to the
preparation for,occurrence or aftermath of severe weather.
6 Any event booked within the 30-day period shall be paid in full includingthe Garden Cleaning Fee.
7 All fees are subject to 7%Flonda Sales Tax
8 Additional Fees may apply(rentals,extra hours,etc.) See contract
9 Insurance Premiums will be quoted and charged$1 per expected number of participants/projected
number of peoplein attendance
Ceremony Guidelines
37
Gf Hf hII)AY MIAMI BEACH
BOTANICAL
Y)1 LIES AND PRC)C GARDEN
GARDEN
10. TIME RESTRICTIONS.
a Ceremonies must start and end between 10:00 a.m.and 4 00 p.m.
b. Breakdown mustbecompleted by 5:00 pm. NO EXCEPTIONS.
c. "After Hours'Ceremonies may be requested but are subjected to additional fees.
11 Photographers arepermitted to accompanythegroup.
12 DRESSINGFACILITIES.
The only dressmgfacilities available on the property are the public restrooms. The Butterfly Room
may be rented for$200.00 as a dressing 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 shallbepermltted.Beverageservice only
15. SMOKING ISNOTPERMITTED IN THE GARDEN.
16 No chairs are permitted in the Japanese Garden.
17. Therein no use of glitter,"silty string'flower petals(natural or otherwise)or confetti
la 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.
19 CHAIRS/TABtES.
Only thechairs provided by the Garden may be used.
20. SETUP/BREAKDOWN.
Lesseeis responsiblefor all Setup/Breakdown ofthervent
21 VENDORS ANDDELIVERIES.
Lessee is responsible for providinga list of vendors with contact information and a schedule of
deliveries 14 days priorto the Event.
22. GARDEN STAFF.
Lessee understands that Garden Staff will be present to represent the premises. Lessee agrees to
accept direction from Garden Staff when necessary
38
MIAMI BEACH
BOTANICAL
GARDEN
23. PUBLIC VISITATION.
Lesseeunderstands thattheGarden is open to publicvisitars between thehours of 9 00 a m.until
5.00pm TheGarden has a stnct policy that no event should interferewith guests'visas
Garden Condition and Appearance'AS IS
24 Lessee's fully aware that the Garden hosts multiplepnvateand public events each week of the year
TheGarden Staff works diligently each day in order to maintain the appearanceand integrity of the
beautiful natural setting you haveselected for your event Please be awarethat despite the efforts of
staffwear andtear does occur on the Great Lawn and the plant life from time to time which can also
bemadeworseby inclement weather. Consider this when booking your event Lesseeagrees to
accept the event site in`AS-15'condition By executing this contract,Lessee shall be deemed to have
accepted the event site in acceptable order condition and repair.
Assumption of Risk and Release of Liability
25 Lessee shall indemnify and hold harmless theCity 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 whichthe City of Miami Beach the Miami Beach
Botanical Garden or Its officers,employeesagents orinstrumentalnies may incuras a result of
claims,demands,suns,causes of actionsor proceedings of any kind or nature arising out ofrelating
to or resulting from the performance of this Permit by the Lessee or its employees,agents,servants
partners,principals subcontractors or vendors. Lesseeshall pay all claims and losses in connection
therewith and shall investigateand defend all claims suits or actions of any kid 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 which may issue thereon.
Application is not accepted and date Is not reserved unless this document is signed and submitted along
with the required deposits.
I haveread and understand thesePolioes and Procedures and agree to be bound by theterms of the
rental permit
PRINT NAME DATE
SIGNATURE
39
EXHIBIT C
City of Miami Beach Minimum Specifications for
Maintenance of the Miami Beach Botanical Garden
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 and Landscape areas is provided as
detailed in the grounds maintenance specifications below. The entire City inventory of
locations which require landscape services are maintained in accordance with these
minimum standards. Increases for specific tasks are noted in the program descriptions
schedules for the South Beach Service Area.
I. Turf Care
Maintain turf areas in a healthy, growing, green and trim condition by performing the
following operations. Staff shall prior to mowing, retrieve materials and dispose of waste
to include, and not limited to, papers, glass, bottles, cans, fallen free limbs and/or fronds
and all other deleterious materials found on the site.
II. Mowing General
Mowing shall be performed in a workmanlike manner that insures a smooth
surface appearance without scalping or leaving any "missed" uncut grass.
a. Rotary mowers will be used on St. Augustine grass.
b. All mowers are to be adjustable and adjusted to the proper cutting height
and level for the kind of grass and current condition of the turf. Mower blade
height adjustment is to be measured from a level floor surface to the parallel
and level plane of the mower blade.
c. All mower blades are to be sharp enough to cut, rather than tear grass
blades.
d. All litter and debris 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 fadlities.
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.
40
g. Mowing wilt not be done when weather or other conditions will result in
damaged turf.
Ill. 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 level with a mower designed for use
in the specific circumstances. Remove clippings from areas if excessive
clippings result from the mowing operation.
c. Trimming and Edging
Staff shall trim and properly edge all shrub and flower beds as well as trees,
curbs, walks, lighting and all other obstacles in the landscape and
remove clippings. Paved areas (hard edges) shall be edged every mowing
cycle with respect to the turf type adjacent to the edging. Edging of beds
and the tree rings (soft edging) shall be executed not less than every other
mowing with respect to the turf type adjacent to the edging. Turf edging at
shrub beds, flower beds, ground cover beds, hedges, or around trees
(where "edging" rather than "trimming" is directed), shall be edged with a
manual or mechanical edger to a neat vertical uniform line. Rotary nylon
"fish line" cutters are not to be used for vertical edging. Edge grass at plant
bed lines to keep grass from growing toward shrubs, keep the width of
sod as it was originally placed. Care shall be taken to avoid
damage of ground cover weed barrier cloth. Grass will be trimmed
at the same height as adjacent turf is mowed, and remove all grass
leaves from around all obstacles and vertical surfaces in the turf,
such as posts, walls, fences, etc. Particular attention will be given
to trimming around sprinkler heads and other irrigation system
components to assure their proper water delivery function.
Mechanical weed cutters are not to be used within eighteen (18")
inches of tree or palm trunks. All walks and other paved areas
littered in the lawn maintenance process shall be vacuumed, swept,
or blown off while the mowing, edging, or trimming is in process so
that the appearance 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.
41
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 to keep grass from growing toward
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 appearance of the plant will
not be damaged by the mechanical trimmers.
c. Groundcover
All groundcover material shall be pruned a minimum of once per month to
insure the best shape, health, and character of the individual plant.
Ground cover plants shall be selectively cut back to encourage lateral
growth and kept inbounds and out of other plantings, walkways, lighting,
etc. Mechanical trimmers may only be utilized when the health or
appearance of the plant will not be damaged by the mechanical trimmers.
V. Trees and Palm Pruning
Trees and palms ere to be maintained in a healthy, growing, safe, attractive condition
arid in their proper shape and size according to variety, species and function in the
landscape or as specifically directed by the Assistant Director or his designee.
a. Pruning Natural Shaping and Thinning
Prune, thin, and trim all trees/palms at least once a year to keep the trees
healthy, 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, fungus infected, superfluous, and intertwining branches, vines, and the
removal of dead 'or decaying stumps and other undesirable growth. Palms shall
be pruned as 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
42
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 base of the trees in which an
exposed trunk character is desired
- Branches that grow toward the center of tree
- Crossed branches that may rub together
- "V' crotches, if it does not ruin the appearance of the tree
- Multiple leader if the tree normally has only a single stem
- Nuisance growth that interferes with view, traffic, sign age, walks, or
lighting. Nuisance growth includes the removal of all dangerous
thorns, spikes or appendages which show potential conflict with
- Shape top of small trees as needed
- All branches, dead wood, and cuttings shall be removed from the
job site at the direction of the Assistant director or designee time of
pruning and disposed of in an acceptable manner. All lawn and
shrub areas damaged by pruning equipment shall be restored.
c. Staking and Guying - and Tree Set-Up
Maintain existing and adjust tree stakes, guy wires and hoses or blocks,
until trees are capable of standing vertical and/or resisting normal winds.
d. The Staff shall be responsible for the complete removal and replacement
of those trees lost due to the Staffs faulty maintenance or negligence, as
determined by the Assistant Director or designees.
e. All trees that have died or have been blown or knocked over are to be
reported immediately 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.
g. The staff shall be responsible for removing all signs, posters,
boards, supports and any other material(s) attached or fastened to
43
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 edged 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 chemical or mechanical means are specifically
authorized by the Assistant Director or designees. Persistent weed growth
such as the growth of sedges shall be more focused on manual removal.
c. Weeds are to be removed from walkways, curbs, expansion joints, and
along fence lines and guardrails at each mowing cycle or as otherwise
directed by the Assistant Director or designees.
d. If infestations cannot be controlled by hand-pulling, or herbicide use will
damage or kill the shrubs or ground-covers, the bed may be excavated,
after removing all plants. Then weeds may be destroyed before replanting
by any of the following methods:
e. Sterilize the soil, or
f. Allow weeds to reestablish a vegetative top and treat with a systemic
herbicide, at least two (2) applications, about two (2) weeks apart, or until
there is a 90% kill.
g. After the kill, apply, immediately after replanting, a pre-emergent herbicide,
such as Treflan or 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.
44
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.
VIM. 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 is thrown on hard surfaces, it shall
be removed immediately to prevent staining.
a. Turf
- St Augustine turf shall be fertilized four (4) times per year at a rate of
1 lb. Of N/1000 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:
- One (1) application 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;
- One (1) application of a 3:1:3 ratio
- One (1) application of a 5:2:1 ratio
b. Groundcover, & Shrubs
The fertilizer for all planted shrubs and groundcovers shall meet appropriate
horticultural standards with an N, P, K ratio of 3:1:2, unless soil conditions
or plant species dictate differently, with at least 60% of the nitrogen from a
non-water soluble organic source. All shrubs and groundcovers shall be
fertilized by broadcasting by hand over the beds three (3) times per year.
c. Fertilizer should be applied Spring, Summer and Fall at the following rates:
1-1/2 to 3 lbs. N/100 Square Feet. The Assistant Director or designees shall
establish a program 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-
45
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/inofdia.
3" 6 lbs per/ inofdia.
4" 10 lbs per/in of dia.
5" 15 lbs per/inofdia.
All palms shall be fertilized during April and September. The fertilizer
shall be broadcast under foliage canopy at the rate 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 each type of plant and
the time of year this work will be undertaken. Changes in fertilization rates,
methods, and composition must be approved by the Assistant Director or
his designees in writing.
IX. General Use of Chemicals
The Pesticide Supervisor or designee shall maintain on file in the Parks Operation's
facility, a list of all-chemical herbicides and pesticides proposed for use in the City,
to be approved by Assistant Director or designees including MSD sheets for each
item. Materials included on this list shall be limited to chemicals approved by the
State of Florida, the Department of Agriculture, and the Florida Department of
Transportation, and shall include the exact brand name and generic formulation.
The use of any chemical on the list shall be based on the recommendations of and
be performed under the direction of a Certified Pest Control Operator (Assistant
Director or designees). No chemical herbicide or pesticide shall be applied until the
Assistant Director or designees as appropriate approve use, in writing, for the
purpose and area proposed.
a. Disease. and Pest Control
To control or eradicate infestations by chewing or sucking insects, leaf
miners, fire ants, and other pests and diseases, spray affected plants with
chemical sprays and combinations of sprays suitable for that particular pest
when the Infestation 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
46
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 prior approval by the Assistant
Director or designees as to type location, and method of application.
a. The PC Supervisor shall exercise extreme care so as not to over spray and
effect areas not intended for treatment. Areas adversely affected by such
over spray shall be restored by the Landscape Division Staff as soon as
possible.
b. The Supervisor shall advise the Assistant Director or designee within four
(4) days after disease or insect infestation is found. He shall identify the
disease or insect and recommend control measures to be taken and, upon
approval of the Assistant Director or designee, the Supervisor shall supply
and implement the approved control measures, exercising extreme
caution in application of all spray material, dusts or other materials utilized.
Approved control measures shall be continued until the disease, or insect
is controlled to the satisfaction of the Assistant Director or designee.
c. When a chemical is being applied, the person using it shall have in their
possession all labeling associated with the chemical. Also, the chemical shall be
applied as indicated on the said labeling. A specimen label and the Material
Safety Data Sheet for each product shall be maintained on site at the Parks
Operations Facility.
d. All insecticides shall be applied by an operator licensed pursuant to
Chapter 487 of the Florida Statutes. The operator shall have the
license/certification in his or her possession when insecticides are being
applied. The implementation of control measures for pests and disease
infestations shall 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
47
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.
Xl. Irrigation System Maintenance and Watering
Inigation System Supervisor(IS Supervisor) & Local Supervisor will be responsible for
the operation and maintenance of the manual irrigation systems. The IS Supervisor
will be responsible for the labor and supervision to make irrigation repairs to the lateral
line, risers and sprinkler heads up to four inch (4") in diameter as required to keep the
system operating. The irrigation system shall be capable of providing 1-1/2" of water
to all lawns and shrub beds each week or as often as required to provide for a uniform
lush green landscape appearance. Watering shall be adjusted during the various
seasons. The Supervisor shall be required to make all repairs as soon as able. Any
form of damage to the irrigation system must be reported to the IS Supervisor by all
staff immediately upon discovery. IS Supervisor and Location Supervisor
shall be responsible for controlling the amount of water used for irrigation
and any damage that results from over-watering or 'insufficient watering.
a. Watering
During periods when the irrigation system is not operational, either due to
breakdown of the system, or an extended electric power failure, it shall be the
responsibility of the location Supervisor to supply to the plant material as
described below.
b. Distribution of the water to the plants shall be the responsibility of the
Location Supervisor. The Supervisor shall use hand watering, water trucks,
portable pumps, etc. as required to distribute the water.
c. Apply water in quantities and at intervals necessary to maintain the plants in
a healthy growing condition.
d. Irrigation System Shall be constantly maintained and adjusted to insure that
no water from the system hits the road surface.
XII. 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 lb. of N/1000
48
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 based Nitrogen may be applied
as needed, during the early spring and later Summer months to
supplement normal fertilization applications.
XIV. Aeration
Aeration for Bermuda Turf fields will be completed four (4) times per year as
needed to reduce compaction. Equipment utilizing tines, deep water penetration
and knives will be used depending on conditions and severity of compaction
noted.
XV. Sanding
Top dressing of Bermuda turf will be completed after every aeration work and as
needed to reduce compaction of turf areas.
49
Parks/Landscape Maintenance Divisions
Service Levels FY 00/01
The following tables detail the level of maintenance provided by the two divisions and
contractors
Parks,Maintenance
Task Summer(.Tune0I-Qct 3UU Winter(Nov 01-!4av 31)
Litter Removal 5IX weekly; 5 X T weekly
Tot-Lot Cleanin�/Safety Inspections 5 X weekly 5 X weekly
of-Lot Pressure Cleaning 1 X monthly 11 X monthly
Mow St.Augustine Turf to 2 'A"Height ( I X weekly j 1 X every 10 days
Weed/Trim curbs and edges 1 X weekly 1 X I Every 10 dais
Mow Bermuda Turf to 1
V. Height 3 X [ weekly j 3 Xi...T
weekly
Bermuda Turf Fertilization
1-6-5-C. yearly 1
Bermuda Aeration I 6 X yearly
ennuda Turf Top Dressing j 6 X yearly I
ettilize All Plant Material 3 X yearly r 3 X I yearly
LPrune All Hedge Material 1 X monthly 11 X monthly
I T:`.t T nz ing I X yearly I X , year!:
' Weed Removal I X I weekly ; 1 X : every 10 days
-Sand removal(Lummus Park showers) I 3 X weekl)71 3 X ; weekly
-Remove Fallen Limbs Debris I IX weekly I 1 X weekly
Irrigate Turf/Landscape Material r as needed I I As needed
Preventative Wecd Control 1 X I monthly ! I X I monthly
Preventative Pest Control I f as needed I . 1 as needed
[Pest Control Measures I I as needed I �1 as needed i
Hazardous Condition Inspection 1 1 X 7 BI-weekly 11 X I Bi-weekly I
Landscape Maintenance
Task Summer(.iune01 -Oct 31) Wintcr(Nov 01-Mav 31)
Titter Removal 5 X weekly 5 X I weekly
Mow St.Augustine Turf to 2 Y:"Height I X weekly I X every 10 days
I Prune All Hedge Material 11 X monthly ' 1 X monthly 1
Tree Trimming I X yearly 1 X yearly I
Weed Removal J 1 X weekly-' 1 X every 10 days '
( Edge curbs/plant beds 1 X weekly 1 X every 10 days
I Remove Fallen Limbs Debris 1 X weekly • 1 X weekly,
rIrrigate Turf/Landscape M to enai as needed As needed
Preventative Weed Control - t X monthly 1 X monthly
Preventative Pest Control as needed .... as needed
Pest Centro)Measures as needed as needed
Replant 43 +flower beds _ 3 X ye.uly
Special Event liner control _I as needed as needed i
Hazardous Condition Inspection f 1 X BI-weekly 1 X RI-weekly
50
Exhibit D
LIST OF EXISTING INVENTORY
QUANTITY DESCRIPTION
(15) BANQUET TABLES (MEASURING 8')
(1) BOOKCASE, 6 SHELVES (MEASURING 25")
(2) STORAGE SHEDS, PORTABLE RUBBERMAID
51
EXHIBIT E
(1 of 4)
Rental Rates
-CORPORATE RENTAL- MIAMI BEACH
BOTANICAL
POLICIES AND PROCEDURES GARDEN
Rental Rates/Details
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.
Butterfly Room Banyan Room,Terrace Entire Garden
and Ban n Lawn
Size 16'by 31' 30'by 50' All Areas
Capacity 40 people(indoors) 100 people(indoors) 500 people indoor
200 people and outdoor
(indoor/outdoor)
Cost Daytime:$400 Daytime Only: Daytime Only:
Evening:$750 Mon-Thurs: $550 (Based on 200 guests.
(includes facilities Friday:$650 For each additional
attendant fee) *Additional Hours: guest a$10.00 fee
*Additional Hours: $100 per hour shall apply.)
$100 per hour Mon-Thurs: $3,000
Friday:$4,000
*Additional Hours:
$500 per hour-
includes 2 facility
attendants
Duration Daytime:8 hours Daytime Only: Daytime Only:
Evening:4 hours 8 hours(includes set 8 hours(includes set
(includes set up) up time) up time)
Amenities Flat screen Projection screen, All amenities from
television,video podium,wireless the Butterfly and
conferencing, internet Banyan Rooms in
wireless internet additional to the
beautiful Japanese
Garden,fountain and
side lawns.
Tables 8 foot rectangular (12)8 foot rectangular 12)8 foot rectangular
banquet tables are banquet tables;(12) banquet tables;(12)
included 60"round tables are 60"round tables are
included included
Chairs White padded 200 white folding 200 white folding
folding chairs are chairs are included chairs are included
included
EXHIBIT E
(2 of 4)
Rental Rates
-RECEPTION RENTAL- MIAMI BEACH
BOTANICAL
GARDEN
Rental Rates/Details
*All rental rates may be subject to adjustment to reflect the appropriate market value.
Entire Banyan Room, Terrace Butterfly
Garden and Banyan Lawn Room
Capacity 500 people indoor and 100 people(indoors) The Butterfly Room may
outdoor 200 people be rented for ancillary
(indoor/outdoor) space or to be used as a
Cost Based on 200 guests. Daytime Event: dressing room in
For each additional guest Mon-Thurs:$2,000.00 conjunction with a
a$10.00 fee shall apply. Friday:$3,000.00 wedding reception
Daytime Event: Sat-Sun:$4,000.00 rental.
Mon-Thurs:$3,000.00 Evening Event:
Friday:$4,000.00 Mon-Thurs:$3,000.00 Fee is$200 for a
Sat-Sun:$5,000.00 Friday:$4,000.00 minimum rental of 4
Sat-Sun:$5,000.00 hours. Each additional
Evening Event: hour shall be$100.00
Mon-Thurs:$4,000.00 Additional Hours: $200
Friday:$5,000.00 per hour(includes facility
Sat-Sun:$6,000.00 attendant)
Additional Hours: $500
per hour(includes 2
facility attendants)
Duration Daytime:8 hours Daytime:8 hours
Evening:4 hours Evening:4 hours
(includes set up) (includes set up)
Amenities Flat screen television, Projection screen,
video conferencing, podium,wireless internet
wireless internet
Tables (12)8 foot rectangular (12)8 foot rectangular
banquet tables;(12)60" banquet tables;(12)60"
round tables are round tables are included
included
Chars 200 white folding chairs 200 white folding chairs
are included are included
53
EXHIBIT E
(3 of 4)
Rental Rates
•
•
-CEREMONY- MIAMI BEACH
BOTANICAL
POLICIES AND PROCEDURES GARDEN
For those who wish to rent an outdoor section of theGarden for a short amount of time(2 hours
min.rental/3 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 spaceor 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 thelapaneseGarden
54
Exhibit E
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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 limit of $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 less 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.