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Res No 034-24-16139RESOLUTION NO . 034-24-16139 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE WAIVER OF CERTAIN EVENT-RELATED FEES AND COSTS IN THE AMOUNT OF $6,619.84 PURSUANT TO SECTION 15B-6 OF THE CITY CODE FOR A SPECIAL EVENT KNOWN AS THE "TWILIGHT SKRUN/W ALK" PRESENTED BY TEAM FOOTWORKS EDUCATIONAL AND FITNESS CORPORATION, TO BE HELD ON SUNDAY, MAY 19, 2024; PROVIDING FOR APPLICABILITY OF OTHER FEES AND CODE REQUIREMENTS; IMPLEMENTATION; CORRECTIONS; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, Team Footworks Educational and Fitness Corporation (the "Applicant"), a Florida not for profit corporation, has submitted an application to host its annua l Twilight 5k Run/Walk on Sunday, May I 9, 2024 from 6:00 p.m. to 10:00 p.m. (the "Event"); and WHEREAS, the application for the event is under review and subj ect to approval by the City Manager pursuant to Section I 5B-6 of the City Code; and WHEREAS, applicable event-related service fees are as follows: EVENT SERVICES FEE SPECIAL EVENT APPLICA TJON & ADM IN FEE $160 PARKING METERS (24) $2,400 STREET CLOSURE & MOT $3,719.84 PUBLIC WORKS STAFF (2) $480 PUBLIC WORKS MATERIALS & BARRICAD ES $500 OFF-DUTY POLI CE OFFICERS TOTAL ; and WHEREAS, th e Applicant is requesting a fee waiver in the amount of $6,619.84 for indirect service fees as follows: EVENT SERVICES FEE PAR.KING METE RS (24) $2,400 STREET CLOSURE & MOT $3,719 .8 4 PUBLIC' WORKS MATERIALS & BARRICADES $5 00 TOTAL q:,;;,,;;1QS1,i ; and Page 1 of3 Res. No. 034-24-16139 WHEREAS, the Applicant is responsible for paying the remaining event-related fees, estimated at $6,185 (i.e. Police a11d Public Works), which is subject to change based on actual Event activity and City services required EVENT SERVICES FEE SPECIAL EVENT APPLICATION & ADMIN FEE $160 PUBLIC WORKS STAFF (2) $480 OFF-DUTY POLICE OFFICERS $5:i545 TOTAL $6.18S ; and WHEREAS, the City Commission wishes to support the Event by waiving a portion of the special event-related fees and costs as set forth herein and finds that such waiver is in the best interests of the City. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Recitals Adopted. The foregoing recitals are hereby ratified and confinned as being true and correct and are hereby made a specific part of this resolution upon adoption hereof. Section 2. Waiver of Fees. Pursuant to Section 15B-6( 11) of the City Code, the City Commission hereby waives $6,619.84 in event-related fees and costs associated with the Event as required under the Code, provided and conditioned upon the City Manager approving the application for the Event and the Applicant's compliance with all requirements under Section 15B of the City Code. Section 3. Applicability of All Other Fees and Requirements. Except as waived and provided for herein, all other fees and costs and requirements of the Code remain applicable to the Event, and the City Manager shall ensure compliance with all Code requirements. Section 4. Implementation. The City Manager is hereby authorized to take any and all necessary action to implement the purposes of this Resolution. Section 5. Corrections. Conforming language or technical scrivener-type corrections may be made by the City Attorney for any conforming amendments to be incorporated into the final resolution for signature. Section 6. Seve1·ability. If any section, clause, sentence, or phrase of this Resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Resolution. Section 7. Effective Date. This Resolution shall become effective immediately upon adoption. Page 2 of3 Res. No. 034-24-16139 PASSED AND ADOPTED thi s 19 th dayofMarcb, 2024. ATTEST: READ AND APPROVED AS TO FORM, LANGUAGE, LEGALITY, AND EXECUTrON THEREOF 4(kff{tf{JcoLE& BIERMAN, P.L. CITY ATTORNEY Page 3 of 3 APPROVED: COMM ISSION VOTE: Mayor Fernandez: Vice Mayor Bonich: Commi ssione r Calle: Commissioner Corey: Commissioner Liebman: 4-0 Yea Yea Yea Yea Recused Agenda Item No:4. City Commission Agenda Item Report Meeting Date: March 19, 2024 Submitted by: Quentin Pough Submitting Department: Parks & Recreation Item Type: Resolution Agenda Section: Subject: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE WAIVER OF CERTAIN EVENT-RELATED FEES AND COSTS IN THE AMOUNT OF $6,619.84 PURSUANT TO SECTION 15B-6 OF THE CITY CODE FOR A SPECIAL EVENT KNOWN AS THE “TWILIGHT 5K RUN/WALK” PRESENTED BY TEAM FOOTWORKS EDUCATIONAL AND FITNESS CORPORATION, TO BE HELD ON SUNDAY, MAY 19, 2024; PROVIDING FOR APPLICABILITY OF OTHER FEES AND CODE REQUIREMENTS; IMPLEMENTATION; CORRECTIONS; SEVERABILITY; AND AN EFFECTIVE DATE. 3/5 (CITY MANAGER-PARKS, RECREATION & CULTURAL DEPT.) Suggested Action: Attachments: MEMO-Team_Footworks_2024 (1).docx Resolution Waiver Event Fees Team Footworks Twilight 5K Footworks Supporting Docs 2024.PDF 1 CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM TO:The Honorable Mayor &Members of the City Commission FROM:Genaro “Chip” Iglesias, City Manager DATE:March 19, 2024 Subject:Twilight 5K Run/Walk -a fee waiver request on behalf of Team FootWorks Educational and Fitness Corporation in the amount of $6,619.84. RECOMMENDATION:Staff recommend a waiver of indirect fees in the amount of $6,619.84 on behalf of Team FootWorks Educational and Fitness Corporation to host its annual Twilight 5K Run/Walk event on Sunday,May 19, 2024. BACKGROUND:Team FootWorks Educational and Fitness Corporation (“the applicant”), a not- for-profit corporation, has submitted a special event application to host its annual Twilight 5K Run/Walk event on Sunday, May 19, 2024,from 6:00 p.m. to 10:00 p.m. The race starts on SW 58th Avenue and SW 74th Street and ends on SW 57th Court between SW 73rd and 74th Street.The applicant has requested the necessary street closures that correspond with the race route to ensure a safe and fun event for both participants and the surrounding area. Barricades and police vehicles will block traffic at affected intersections. Refer to the course map attached. Public sidewalks will remain open to the public. Streets, sidewalks, gutters, etc. will be monitored and cleaned by Public Works staff. Following the race, the applicant plans to host a block party event at United Community Bank of South Miami’s parking lot.Sponsors will be located under tents and provide food and goods samples, for example, shoe demos for the runners. An array of local restaurants as in-kind sponsors will provide sample bites for the participants. An inflatable bounce house and face painting activities will be available for children. The post-race block party will end by 10:00 p.m. The applicant has submitted the Notification/Petition form from businesses in the area as well as the Location Approval form signed by the property owners of United Community Bank of South Miami. Additionally, the applicant is required to submit the necessary Certificate of Insurance that complies with the City’s standard insurance requirements, including naming the City of South Miami as an additional insured prior to the event. 2 CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM TOTAL EVENT FEES:$12,804.84 EVENT SERVICES FEE SPECIAL EVENT APPLICATION &ADMIN FEE $160 PARKING METERS (24)$2,400 STREET CLOSURE &MOT $3,719.84 PUBLIC WORKS STAFF (2)$480 PUBLIC WORKS MATERIALS &BARRICADES $500 OFF-DUTY POLICE OFFICERS $5,545 TOTAL $12,804.84 REFUNDABLE SECURITY DEPOSIT*$500 A $500 refundable security deposit has been submitted and will be applied only if there is event-related damage or trash remaining post event. FEES REQUESTED WAIVED:The applicant is requesting the following indirect service fees in the amount of $6,619.84 to be waived: EVENT SERVICES FEE PARKING METERS (24)$2,400 STREET CLOSURE &MOT $3,719.84 PUBLIC WORKS MATERIALS &BARRICADES $500 TOTAL $6,619.84 CITY REVENUE:Upon approval, the applicant is responsible for paying the City $6,185 excluding a refundable security deposit of $500. EVENT SERVICES FEE SPECIAL EVENT APPLICATION &ADMIN FEE $160 PUBLIC WORKS STAFF (2)$480 OFF-DUTY POLICE OFFICERS $5,545 TOTAL $6,185 ATTACHMENTS:Resolution Special Events Application & Supporting Documents 3 7 Permit#: DB I Cl~'-{O ( rH E CITY 0~ 1'1.FASA T LI VING SPECIAL EVENT APPLICATION This application must be submitted for special events that will be held on city property or requiring city services at least sixty (60) days prior to the date of the event. Application submitted less than thirty (30) days prior to an event will NOT be accepted. Please refer to the Special Events Handbook for more information about applying for a special event in the City of South Miam i. APPLICANT INFORMATION APPLICANT NAME: John Huseby TITLE: Race Director -------------- DAYTIME PHONE: 305-666-7223 ~~~~-~--------MOBILE: 786-877-1239 EM A IL: jp@teamfootworks.org 2nd CONTACT NAME: Maria Sentmanat TITLE: Director of Race Operations DAY TIME PHONE: 305-666-7223 MOBILE: 786-253-1589 ------------- EM A IL: maria@teamfootworks.org ORGANIZATION INFORMATION NAME OF ORGANIZATION: TeamFootWorks -------------------------- ADDRESS: 5724 Sunset Drive, South Miami, FL 33143 PRESIDENT /MANAGER NAME: ~L=a=u~rie~H~u~s~eb=-y,___ _____ PHONE: 305-666-7223 Is your organization a non -profit, S0l(c) (3) certificate holder? D NO ~YES -If YES, please provide a copy of your certificate with the application . EVENT INFORMATION TYPE OF EVENT: 0 FESTIVAL/CELEBRATION ~ RUN/WALK 0 FILM/PHOTO PERMIT 0 CHARITY O OTHER: -------------- NAME OF EVENT: Twi light 5K Run/Walk LOCATION OF EVENT: SW 73rd Street & 57th Court EVENT DATE(S): _s u_nd_ay_o5_11_9i2_4 ___________ _ 0 NEW EVENT G RETURNING EVEN T WILL THIS BE AN ANNUAL EVENT? 0 NO (iil YES IF YES, THIS IS THE~ YEAR OF THE EVENT ANTICIPATED ATTENDANCE: 1,200 ACTUAL EVEN T TIME: 6:00 AM~o 10 :00 AM j PM ) Sunday 05/19/24 AM§}to AMAPM ) ASSEMBLY DATE(S): SETUP TIMES: 12:00 3:00 Sunday 05/19/24 BREAKDOWN DATE(S): BREAKDOWN TIMES : 10:00 AMJ@o 11 :5 9 AM,(PM J 1 8EVENT NARRATIVE A detailed written description/summary of your event Is Rqulred. Please describe an activities, schedule of actMtles. lnvenlofy af any sold Items, peaway items, list of vendors and any other Important information. If addltlonal space is needed please use a blank sheet af l)ilper and attach to the applltatlon. 5J( R1 w / u.>oJ K . . . LOCATION APPROVAL If the orpnlzatlon Is a tenant and/or renter of the event location, please have the property owner complete the following. Marte all that apply: 1iJ. Location ls City of South Miami property (Street. Sidewalk, right-of-way, paric. etc.) □ Applicant/Organization owns the n,quested event location 0 Applicant/Orpnilatfon wlll be using prtva~ property Comments/Resttlctiom: ______________________ _ Property Owners Name2o}db ([\IC\~ 1 ~ Phone: 0 \2,.-415::lo:R:3 Property Address: 51 UL( $\A) .1':{d '3i:rrcl 1 e ~lo'-1 fu St aa:tk APPLICANT'S mu NOTARY SIGNATURE Subscribed and sworn before me, this 9'4-Day of N\J?<Yl4\ Notary Public ln and for CW(... Cou~O\q, Stgnature (NOTARY PU8UC) • a 315 (?-621 MOlllCA a.uo Offlc:lal Seal Notary Publlc -Stat• of llltnols My Commission Expires Mar 23, 2027 2 9 POLICE DEPARTMENT Off-duty police officers are required for street closures as determined by the Police Department. You will be required to hire off-duty police officers if your event includes street closures, alcohol sales or large crowds over SO people. Applicants will be responsible to pay for off-duty officers prior to the event date. Sunday 01114/24, 05/19/24 & 9/08124 (0124 Memate) Yes No @ D Will your event obstruct the normal flow of traffic or sidewalks? □ □ Do you expect the total attendance for your event to be over 50 people at any one given time? Will you be requesting the use of off-duty police officers? If YES, how many TBD Please note: if you answered NO, to this question off-duty officers can still be assigned to your event at a cost to the applicant if deemed necessary. If NO, please describe why you feel the event will not require off-duty officers. STREET, SIDEWALKS AND RIGHT-OF-WAY CLOSURES List detailed closures you are requesting for your event including street, sidewalks and right-of-ways. See Course Map Please note: All closures require City Commission approval by resolution and may take up to two (2) months to be approved. All street, sidewalk and right-of-way closures must be identified on the site map. PLANNING AND ZONING Yes No ~ □ □ Will you be hanging any banners over public streets or pole banners? If YES, a separate Banner Application with the City of South Miami Planning & Zoning Department will be required. Please note: Only 50l{c)(3) organizations may apply for a banner application. All requests for banners over public streets must be reviewed and pre- approved. A 501(c)(3) certificate, insurance and photos of the banner must be included with the application to the Planning & Zoning Department. Have you notified the event location neighbors or businesses about your event? 3 10 CODE ENFORCEMENT Yes IE:! □ □ No □ Will you be having any music and/or amplified sounds during your event? Will your event be starting before 8:00 AM? Will any music and/or amplified sounds play past 9:30 PM? Sunday 01/14/24, 05/19124 & 9108/24 (09Allemate) PARKS AND RECREATION Yes □ □ □ No ~ [El Iii PARKING DIVISION Yes Iii PUBLIC WORKS Yes Iii Iii [El [fil No □ □ Iii No □ □ □ □ Will this event take place in any of the South Miami City parks and/or recreation facilities? Please note: A rental fee will be applicable if a city park is being used. Will this event require the use of any Department equipment (stage)? If YES, please specify size of the stage requesting: _______ _ Will this event require the use of any Department staff? Will you be renting any City parking meters? If YES, how many __ _ Please note: All closures or interference on right-of-ways that includes parking meters will be required to pay the daily meter fee. Do you have enough on-site parking to accommodate your event? Will your event involve the use of a shuttle and/or alternate parking sites? Will your event interfere with any public right-of-ways, such as roads, sidewalks, alleys, etc.? Will your event require any full and/or partial right-of-way closures? Please note: Any right-of-way closures will require at least one off-duty officer per corner and the rental of barricades. Would you like the City to provide you with any additional barricades for your event? If YES, how many ____ _ Will your event require City Staff to remove recyclable goods, waste and garbage during and after the event? If NO, please describe your plans for the cleanup and removal of recyclable goods, waste and garbage during and after your event. 4 11 ADDITONAL EVENT FEATURES □ Temporary Fencing ~ Inflatables/Rides □ Live Music ~ Signs/Banners ~ Additional Barricades □ Open Flames ~ Tents or Canopies ~ Electrical Services/ Generators [E] Port-A-Johns □ Other: Please nlf~~0 lt°¾lW4b'r!Y{~t8WWJMf1t~p'ly!0>a separate narrative description of each additional feature may be required by the City with this application. Additionally, tents, open flames and signs/banners may require an additional Permit at the cost to the applicant. FEE WAIVERS Applicants requesting a fee waiver must complete the below section and must include a letter from the business or organization along with the completed Special Events Application. It is at the discretion of the City Commission, to approve or disapprove all fee waiver requests and may take up to two (2) months. Yes No ~ □ Will you be submitting a letter for the waiver of fees? If YES, please list all fees that will be requested to be waived: Street Closures, Public Works & Parking Meters FILM/STILL PHOTOGRAPHY Type of Production: ____________________________ _ Special Effects or Weapons: _________________________ _ Base Camp Location: ____________________________ _ Crew: Number of Cast: _____ _ --------Extras: ________ _ Type of Vehicle: _________________ _ Total Vehicles: _____ _ Parking Location: _____________________________ _ DEPARTMENT DIRECTORY Special Events Division (305) 668-3873 Public Works & Engineering (305) 403-2063 Code Enforcement (305) 668-7335 South Miami Police Parks and Recreation Planning and Zoning (305) 663-6301 {305) 668-3876 {305) 663-6326 5 12 INDEMINIFATION AGREEMENT THIS AGREEMENT ("Agreement") is entered into by and between _T_ea_rn_F_o_o_lW_o_rk_s ________ _ ("Applicant"), and the City of South Miami ("City") on the date on which the last of the Parties executes this Agreement. RECITALS WHEREAS, the Applicant has submitted a Special Event Permit Application to the City for (event title) Twi~EJhl 5K RUNWalk at SW 73rd Street & 57th Court (location) on (date(s}) SundTf05111lr.!4 . {"Special Event"); and WHERAS, pursuant to of the City's Code and the City's Special Event Regulations, the Applicant must execute an indemnification and hold harmless agreement protecting the City from claims which may arise out of the Special Event. Now, THEREFORE, in consideration of the matters recited above, the mutual covenants set forth herein, and other good consideration the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows: 1. The above recitals are true and correct. 2. Applicant agrees to indemnify, defend and hold the City, its officers, affiliates, employees, successors and assigns ( collectively ~lndemnitees") harmless from and against any and all such claims, suits, actions, damages, or causes of action arising as result of the Special Event, or of the condition of the site on which the Special Event is held including any personal injury or loss of life, or damage to or loss of property, and from and against any costs, attorney's fees, expenses or liabilities included in and about the defense or settlement of any dams, and the investigation thereof, except to the extent caused by indemnitees negligence of willful misconduct. 3. No Street shall be closed without approval from the City Commission. 4. Traffic shall be maintained in accordance with Florida Department ofTransportation (FDOTl, Miami-Dade County standards and any additional requirements by the City of South Miami Public Works Department and Police Department. 5. Event areas shall be restored to equal or better condition than they were before the event started, 6. Any damage to private property shall be restored to its original condition or better and as accepted by the Owner caused by applicant or any of its agents, servants or employees, invitees and onlookers. 7. If all restoration work is not performed within 30 days of work completion, the City of South Miami Public Works Department may restore the event area and charge the applicant for the cost of restoration and additional incidental fees. 8. Applicant must pay all fees prior to the date of their event(s). IN WITNESS WHEREOF, each of the parties hereto has caused this Agreement to be executed and sealed by its duly authorized signatory{ies) on the date set forth below and notarized, I am Laurie Huseby !Print name of Applicant) Under penalties of perjury, I declare that I have read the foregoing application, Including the information that has been inr.erted Into this form, and the facts stated in this document are true ~ ~ftus-t J:J-( 7 /.:;. 4 2.3 APPLICANT SIGNATURE ?)[~ Tfl ~44101 DATE ~(NOTARY PUBLIC) 6 13 &,~vt s-r11t2r C'l 'Pr1 \ q 11.. 0 7-Lf We, the undersigned business and/or residents, have been no:if1ed of street closures associated with the event noted about on said date, and hereby agree or disagree to the closure1s). We are also aware that this response may not effect this applicatton being disapproved. _[ r I ~----t·- l \iJ Agree 0 Disagree 0 Disagree 0 Disagree --·-·-·"'··"~-• -~---"·' 0 Agree D Disagree 0 Agree D Disagree ¢),.gree D Disagree ---~"-~•-· ' ... -· ., D Agree 0 Disagree D Agree 0 Disagree D Agree D Disagree D Agree O Disagree i D Ag,ee D D,sagrn~ 0 Agree O Disagree ------1 D Ag,ee D Dosagrec D Agree O Disagree i D Agree O Disagree D Agree O Disagree D Agree D Disagree 8 14 LICENSE AGREEM§:NI Basic License TErms/Deflnitlons. (A) Property· commonly known as 5744 SW 73..i Street, South Miami, Florida {the "Property'") {B) Licensed Parking Area": shall mean the portion of the Propeny designated as the "Licensed Parking Area'' as shown on the allached Exhibit A which is not utilized by monthly parking customers. (C) Licensor: SOUTH MIA Ml CORPORATION, a Florida corporation {D) Lkensor's Address and Contact Information: Wirtz Really Corporation, 680 N. Lake Shore Drive, Suite 1900, Chicago, Illinois 60611, Attn: Mike Mulligan; email: mike.mulligan@wirtzrealty.com. (E) corporation. Licensee: TeamFootWorks Educational and Fitness Corporation, a Florida not for profit {F} Lke1mie's Address and Contact Information: 5724 Sunset Dr., Soulh Miami, Florida Attn: Karen Plaster; email: invoices@teamfootworks.org. (G) License Period: The tenn of this license shall begin at 12:01 a.m. on May 19, 2024, and expire al 11 :59 p.m. on May 19, 2024. (H) License Fee: $1,500, payable concurrent with execution of this License. 2. License. Licensor hereby grants to Licensee a license (the '"License") to use the Licensed Parking Area. subject to and in accordance with the terms of this License Agreement (the '' Agreement"). 3, Use. The Licensee shall have the right to use the Licensed Parkmg Area solely for hosting the Twilight 5K Run during the License Period and for no other use. Licensee agrees that they are responsible for removing any garbage or other materials from the Licensed Parking Area before the end of the License Period. 4. Condition of Licensed Park Area. Licensee acknowledges and agrees the condition of the Licensed Parking Area is satisfactory for the use contemplated by this Agreement, and accepts the Licensed Parking Area in its "AS IS'" condition. 5. lnsm:ance. Licimsee shall maintain in full force and effect during the License Period commercial general liability insurance wllh respect to injury, death or damage occurring in rhe Licensed Parking Area or arising out of Licensee's use of the Licensed Parking Area or otherwise arising out of any acts or omissions of Licensee or its agents, employees. contractors or invitees (ihe '·Licensee Parties") in connection with the Licensed Parking Area. Said insurance shall be in an amount of at leas! $3,000,000 (Three Million Dollars) combined single limn per occurrence and shall cover contractual liability. Licensee shall also maintain workers· compensation insurance in statutory amounrs covering all of Licensee ·s employees working at the Licensed Parking Area. The poltcies for the foregoing insurance shall name the Licensor Parties (hereinafter defined) and such other parties as Licensor may designate as additional insureds pursuant lo the fonn of additional insured endorsement providing the broadest possible coverage for the additional insureds Any company writing Licensee's insurance shall have an A.M. Best rating of not less than A VIII. Prior to the ex.ecution of this Agreement, Licensee shall furnish a certificate of insurance with {00180268.2, 15 all endorsements evidencing that the insurance required by this Section is in effect. Notwithstanding anything to 1he contrary contained herein, Licensee hereby waives all claims against any of the Licensor Parties to the extent the same are covered by the insurance carried by Licensee (or would have been covered if Licensee had maintained the insurance required hereunder), and Licensee hereby waives all subrogation rights of its insurance carriers in favor of the Licens-or Parties and such other panics as Licensor may have designated as addilional insureds and shall have its insurance property endorsed lo reflect the same. 6. Waiver of Claims and Indemnity. To the extent not prohibitetl by law, except to the extent caused by lhe gross negligence or intentional misconduct of Licensor or any of the Licensor Parties, Licensee shall indemnify, defend and hold hannless the Licensor and its managing agents and affiliates and their respeclive agenls and employees (the '·Licensor Parties"} from and against any and all liability, claims, damages, costs and expenses including without limitation, reasonable attorneys' fees ("Claims''). resulting from or in connection with the use or occupancy of the Licensed Parking Area by any oflhe Licensee Parties or any act or omission of any Licensee Party during or in connection with 1he use of the Licensed Parking Area. To the extent not prohibitetl by law, except to the extent caused by the gross negligence or intentional misconduct of Licensor or any of the Licensor Parties, Licensee waives all claims againsl the Licensor Parties for injury to persons, damage to property or to any other interest of Licensee sustained by Licensee or any person claiming through Licensee resulting from any accidenl or occurrence in, on or about the Licensed Parking Area or any other part of the Property. 7. Default. Any failure co perform or other breach of any provision of this Agreement by the Licensee shall constitute a default under this Agreement. Licensor may, upon a default, terminate this Agreement and pursue any and all remedies available lo it at law or in equity. 8. Assignment. This Agreement is personal to Licensee. Licensee shall not assign, sublicense or in any other manner transfer or encumber this Agreement without Licensor's consent. 9. Liabllity of Licensor. The Licensor Parties and Licensor's trustees, members, principals, beneficiaries, pat1ners, officers, and directors shall have no personal hability under this Agreement, and if Licensor is found by a court of law to have failed to perform its obligations in accordance with any of the provisions of Ibis Agreement, any money judgment resulting from such foilure shall be satisfied only out of Licensor's interest in the Property, subjecl to all mortgages and other encumbrances affecting the Property. As used in this Section, the term ··Licensor" shall mean only the Licensor(s) who holds fee tide to the Liceosed Parking Area. From and ofter the date of any transfer of such 1itle or inlerest, the entity named herein as "'Licensor" (and in case of any subsequent transfers. !he then grantor) shall be relieved of all liability with respect to Licetisor's obligations thereafter to be performed. 10. Entry. Licensor reselVes the right to enter Licensed Parking Area any time for any reasonable cause. n. Notices. All notices pursuant to this Agreement shall be made in writing, hand delivered, or sem by reputable overnight courier service such as Fetleral Express, and shall be deemed to be delivered on the earlier of actual receipt (or refusal of delivery) or the day after delivery to 1he overnight courier service, as the case may be. All notices to be delivered to Licensee shall be delivered to Licensee al Licensee's address set forth in Section I (F). All notices to be delivered to Licensor shall be delivered to Licensor at Licensor's address set forth in Section l(D). Billing statements and other time sensi1ive communications may be delivered via e-mail to Licensor at mike.mulligan@wirtzrealty.com and to Licensee at invoices@teamfootworks.org. 12, Governing Law; Severability. This Agreement shall be interpreted and enforced in accordance wilh the laws of the State of Florida. If any tenn or provision of this Agreement shall to any too 180268 2 I 2 16 extent be invalid or unenforceable, the remainder of this Agreement shall not be affected, and each provision oflhis Agreement shall be valid and enforced to the fullest extent permitted by law. 13. Entire Agreement; ModUicmtlon. This Agreement constitute the entire agreement among the panics and supersede all prior agreements and understandings related to the Licensed Parking Area. This Agreement can be modified only by a written instrument signed by both Licensor and Licensee. 14. Counterparts and Electronic Signatures. This Agreement may be executed in counterparts and shall constitute an agreement binding on all parties notwithstanding that all parties are not signatories to the original or the same counterpart, provided that all parties are furnished a copy or copies thereof reflecting the signature of all panies. The parties acknowledge and agree that they intend to conduct this transaction by electronic means and 1ha1 1his Agreement may be executed by electronic signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. Without limitation, in addition to electronically produced signatures, "electronic signature" shall include faxed versions of an original signature or electronically scanned and cransmitted versions (e.g., via pdf) of an original signature. [signature page follows} (0018026& 2l 17 IN WITNESS WHEREOF, the parties have executed this Agreement, and Licensor and Licensee intend to be legally bound by this Agreement, as of lhe day and year first above written. LICENSOR: SOUTH MIAMI CORPORATION, a Florida corporation By; Wirtz Reahy Corporation, a Delaware corporation, its Agent By:~~ ~:e: Mi£L:r:}~•3C1.;:;;, LICENSEE: TeamFootWorks Educational and Fitness Corporation a Florida not for profit corporation (00180268 2; 18 5724 Sunset Drive, South Miami, FL 33143 305.666. RACE www.teamfootworks.org February 28, 2024 To: City of South Miami Commission CC: Citv of South Miami Parks & Recreation Department-So Mi Parl<s RE: TeamFootWorks -Baptist Health/Mercedes Bens of Coral Gables and Cutler Bay Twilight SK Run/Walk: May 19, 2024 Dear Commissioner, It is our pleasure to announce the 28th annual Baptist Health/ Mercedes Bens of Cora! Gables and Cutler Bay Twilight SK. The race will be held May 191\ 2024 and will begin at 6PM. We expect to have about 1,000 participants. TeamFootWorks is a 501(c){3) non-profit corporation dedicated to fitness education through the production of events. We have been an institution in this community for almost 30 years, and supporters of the City of South Miami via charitable contributions. As active participants of this community, we would like to request the City of South Miami waive all fees for City services that will be incurred by TeamFootWorks for these events. These to include, but not limited to the following: • Street Closures • Public Works • Parking Meters Should you have any questions, please feel free to contact us at 305 666-7223. Thank you. Kind regards, Laurie Huseby President, TeamFootWorks TeamFootworks is a 501(c)(3) corporation committed to fitness education through the production of events and educational materials. FEIN/EIN Number:650455073 19 Dear Neighbor: The Baptist Health Twilight SK Run/ Walk will be held Sunday, May 19, 2024. This evening run/walk starts at SW 58 Ave and SW 74 St and finishes on SW 57 Ct (Hans Huseby Run) between SW 73 and 7 4 St. The SK run/walk event begins at 6:00pm and will take about one hour to complete. We are expecting approximately 1,000 participants. The lead runners will run just over/under 5- minute miles -meaning that they will get to mi le one at 6:05pm, mile two at 6:10pm and the finish (3.1 miles) at 6:16pm. Walkers will finish at about 6:40 to 6:55pm. Dotted line indicates race course and will be shut down from 6pm- 7pm. If you need to leave your home. please avoid these streets. Join us in the fun and fitness . Register TODAY at www.teamfootworks.org or stop by Footworks, located at 5724 Sunset Drive. 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I DANTE FASCELL PARK RRCA 20 [1] ~~ -~e-la~~P•~ 21 South<'fJiami THE CllY OF PLEASANT LIVING Public Works Department Event Cost Estimate Submitted To: Name of Event: Yvette Valdes Twilight Sk Run Event Date (s): May 19, 2024 Dayl Times Hours Employee#l 5:00 PM-11:00 PM 6 Employee#2 5:00 PM-11:00 PM 6 Materials: Day I-Public Works Fees & Materials Equipment: Barricades Flat Rate (Per Order) Hourly_Cost $40 $40 Day 1 -Additional fee per Barricade -$3.00 (Qty. 100) Date Prepared: __ 0=3 ... /0_5:.r.:/2:.:0~2;.;,4_ Extended_ Cost Total $240.00 $240.00 $480.00 $125.00 $75.00 $300.00 Public Works 22 Valdes, Yvette From: Sent: To: Marenco, Carlos Wednesday, March 6, 2024 2:11 PM Valdes, Yvette Subject: Re: Rotary Art Festival There is a total 24 parking spaces on the map you provided. Thanks, Carlos Marenco Parking Operations Manager City of South Miami On Feb 23, 2024, at 3:01 PM, Valdes, Yvette <YValdes@southmiamifl.gov> wrote: Good Afternoon, I received the attached application for the 2024 Twilight SK and will be taking the item to Commission for approval, please send me updated cost estimates for the information below by COB on Tuesday, February 27, 2024. Team Footworks Sk Date: May 19, 2024 Location: Map below City Services: Police, Public Works & Engineering, Parking Set up: 12PM - 3 PM Event: 6 PM -10 PM Breakdown: 10 PM -11:59 PM Anticipated Attendance: 1,200 <image001.jpg> Thank you! Yvette E. Valdes Culture, Events and Active Adults Manager City of South Miami Special Events Division 1 23 Valdes. Yvette From: Sent: To: Subject: Attachments: Good morning Yvette , Carmenates, Aurelio Tuesday, February 27, 2024 10:04 AM Va ldes, Yvette TeamFootWorks 2024 Twilight SK 2024 Twilight _SoMi SPECIAL EVENT APPLICATION.pdf Below are the fees for TeamFottWorks 2024 Twilight SK , per the Fee Schedule : TeamFootWorks 2024 Twilight SK Temporary full road closure= $25 ($0.25 x Approx. l 00LF) = 8479 LF x .25 = $ 2,119.84 (Note: I deducted the one-way on SW 58th ave totaling 8480.67LF to the total length amount) The MOT fee for roadway= $100 x 2 directions x 8 roads = $1,600 Total =$ 3,719 .84 1 24 Police Department Event Cost Estimate Submitted To: Yvette Valdes, Special Events Coordinator Name of Event: Foot Works Twighlight Run 2024 Event Day/Date (s): May 19 th 2024 Times Hours 1 Lieutenant 12pm -9pm 9 1 Sergeant 2pm -9pm 7 20 Officers 5pm -9pm 4 2 Officers 12pm-9pm 9 FICA: Equipment: BatTicades Flat Rate (Per Order) Additional fee per Barricade -$3.00 (Qty . Q) Police Vehicle Date Prepared: 02/23 /2024 Lt. Vijil, J Hourly Cost $60.00 $57 .00 $47.00 $47 .00 Extended Cost $540 .00 $399.00 $3,760 .00 $846 .00 $ $ $ $ Total $5,545 !Grand Total: $5,545.00