MOU with Lincoln Road BID, Inc. 203" -294)
Memorandum of Understanding
Between the City of Miami Beach
And the Lincoln Road Business Improvement District, Inc,
This Memorandum of Understanding ("MOU") is hereby entered into as of the day of
• October, 2018, by and between the City of Miami Beach, a municipal corporation organized and
existing under Florida law, with principal offices at 1700.Convention Center Drive, Miami Beach,
FL 33139 (the "City") and the Lincoln Road Business Improvement District, Inc., a Florida not-
for-profit corporation with principal offices at 350 Lincoln Road, 2nd Floor, Miami Beach, FL
• 33139 (the"LRBID")(collectively, the City and the LRBID may hereinafter be referred to as the
"Parties").
RECITALS
WHEREAS, Lincoln Road hosts Miami Beach's largest and most entertaining Halloween
celebrationeach year, attracting thousands of residents and visitors wearing outlandish and
creative costumes;and
WHEREAS, the annual Lincoln Road Halloween celebration has historically been
conducted on an ad hoc basis;and
WHEREAS, in an effort to provide a safe, orderly, and festive atmosphere for the
thousands of residentsand visitors who plan to attend the Halloween celebration on October 31,
2018, (the "Event), the City and LRBID Intend to.secure a joint City special event permit to
authorize the programming and activations to be conducted along Lincoln Road and provide a
security plan for the Event; and
WHEREAS, the City and the LRBID wish to execute this MOU in order to define the
roles and responsibilities of each Party as they relate to the Event.
NOW, THEREFORE,In consideration of the foregoing,the Parties agree as follows:
1. The recitals are true and correct and are hereby Incorporated Into and made a part of
this MOU.
2. Joint Application: The Parties agree to submit to the City of Miami Beach a joint
application for a special events permit for the Event (the "Joint Permit') within ten(10)
business days of the execution of this MOU. In accordance with Section 12-5 of the City
Code, the City retains its authority to issue, modify or revoke the application for a Joint
Permit. The Joint Permit application must fully comply with the City Code, the Special
Event Guidelines, and any other requirements Imposed by the City.
3. Exclusive Permit: The Parties acknowledge that the Joint Permit secured by the City
and the LRBiD shall be the only special event permit granted by the City for
programming and activations on Lincoln Road on October 31, 2018.
4. Programming: The LRBiD shall be responsible for the coordination of artistic
programming for the Event as set forth in this Section 4 and shall be responsible for all
costs associated with such programming (the "Programming"). The City will not be
responsible for reimbursement to the LRBID of any costs associated with the
Programming for the Event. The currently anticipated Programming includes
approximately four (4) disc jockeys performing on four (4) stages throughout Lincoln
Road (the "Performers"). The exact. locations of all stages and performances will be
determined jointly by the LRBID and the City.
5. Security: The City shall be exclusively responsible for the provision of security services
for the duration of the Event, consisting primarily of Miami Beach Police Department and
Miami Beach Fire Rescue personnel. The LRBID will not be responsible for
reimbursement to the City of any costs associated with the provision of security services
for the duration of the Event.
6. Sanitation: The City shall be exclusively responsible for the collection of garbage and
debris and the general dean-up efforts immediately following the Event. The LRBID will
not be responsible for reimbursement to the City of any costs associated with the
provision of such sanitation services.
7. Outdoor Bar Counters: The Parties shall jointly identify ten (10) potential locations
along Lincoln Road and the side streets for the placement and operation of outdoor bar
counters for the duration of the Event. The specific locations of outdoor bar counters
shall be spaced out and configured so as to promote the free flow of pedestrian traffic
throughout Lincoln Road and the side streets. In an effort to maintain a uniform aesthetic
appearance throughout the Event, and subject to the City's final approval, the LRBID
may identify or approve the model(s)and/or specifications of the outdoor bar counters to
be used during the Event. A.limited number of outdoor bar counters may be operated by
Event sponsors; otherwise, the outdoor bar counters shall be operated by bars or
restaurants located on Lincoln Road and the side streets;which bars or restaurants shall
submit applications for such operation and shall be accommodated on a first-come, first-
served basis. The Parties agree that each outdoor bar counter application shall be
accompanied by an application fee payable to the City in the amount of$3,000. Prior to
the Event, each operator of an outdoor bar counter must: (1) provide to the City and the
LRBID an Additional Insured Endorsement naming both the City and the LRBID as
additional insured parties; and (2) agree (in a form that is acceptable to the City) to
indemnify the City and the LRBID from any damage or Injury caused as.a result of their
operation of the outdoor bar counters.
8. Insurance and Indemnification:The Parties agree that any and all parties participating
in the production of the Event, including without limitation all sponsors, operators of
outdoor bar counters, artists, disc jockeys, and other performers, (i) must provide to the
City and the LRBID an Additional Insured Endorsementnaming both the City and the
LRBID as additional insured parties for the Event, and (ii) shall (in a form that is
acceptable to the City) indemnify the City and the LRBID by executing an agreement in
substantially the form attached hereto as Exhibit"A."
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
IN WITNESS WHEREOF, the Parties hereto have affixed their signatures, effective on
the day first above written.
FOR THE CITY OF MIAMI BEACH, FLORIDA:
ATTEST:
By: �I -�� &
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Raf.-1 E. G' -.o r?o i 'la\i1, L. M•rales
City Clerk _ ��. .' �yry anag.,r
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DateSRP ORATEEN
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FOR LINCOLN ROAD BUSIN. ,r aP7: s TRICT, INC.:
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ATTEST:
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By: LA';- ILilVIKAIS..
1�1 LI "A-/Fm Face e o f c t atcle.-eaFot.,
Print Name/Title Print Name/Title
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Date Date
APPRO D AS TO
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