Understanding with Lincoln Road Business Improvement District, Inc. go/g--30 94-f
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
2019, 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 1620 Drexel Avenue, 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
celebration each 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 residents and visitors who plan to attend the Halloween celebration on October 31,
2019, (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 the Joint
Permit. The Joint Permit application must fully comply with the City Code, the City's
Special Event Guidelines, and any other requirements imposed by the City.
3. Exclusive Permit: The Parties acknowledge that if secured by the parties, the Joint
Permit shall be the only special event permit granted by the City for programming and
activations on Lincoln Road on October 31, 2019.
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 clean-up efforts (i.e. "sanitation services") 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 intersecting Lincoln Road 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 select the model(s) and/or specifications of the outdoor bar
counters to be used during the Event. A limited number of the outdoor bar counters
approved pursuant to this paragraph 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 Endorsement naming 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: I
By: t \ B T * , `11111M.
RafeE. Granado .. . Jim y L. Mo' .les
City Clerk 1ty anager
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Date .: t.pate
FOR LINCOLN ROAD BUSINESS IMPROVEMENT DISTRICT, INC.:
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