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HomeMy WebLinkAboutInv# 20220402 - CATABELLA MUSIC LLC - 03/10/2022 2022 ARTIST PERFORMANCE AGREEMENT CATABELLA MUSIC LLC This Agreement is entered into on __________________, 2022, for music services and entertainment (the “Booking”) described below between the Dania Beach Community Redevelopment Agency (the “CRA”), and (Catabella Music LLC. ) (the “Artist”). In consideration of the mutual covenants, terms and conditions contained in this Agreement and other good and valuable consideration, the adequacy and receipt of which are acknowledged, this Agreement pertains to an event known as “2022 Dania Beach Arts and Seafood Celebration” (the “Event”), and the parties agree to the following terms and conditions: Date: April 2nd 2022: Time: 3:00 pm to 4:00 pm Venue: Frost Park located at 300 NE 2nd Street in the City of Dania Beach. Sound/Lights: Backline Compensation: $550.00 1. Acceptance. Artist accepts this Booking and engagement. Artist agrees to perform the Booking using Artist’s best efforts and musical talents, performing in a safe manner without endangering persons or property and without use of any pyrotechnics or other dangerous items, in accordance with the terms and conditions stated in this Agreement. 2. Engagement. Artist agrees to provide entertainment for a minimum of One hour with no break. 3. Exclusion of Liability. Artist agrees that the CRA shall not be liable for any damages incurred by Artist in connection with this Agreement. CRA shall not be liable to the Artist for any direct, indirect, consequential, special, exemplary damages, any lost profits, any lost business or any kind related directly or indirectly to this Agreement. 4. Event Cancellation. The CRA may cancel the event up to twenty four (24) hours prior to the start of the event at no cost to the CRA. If the event is cancelled at any time after the twenty four (24) hours has passed, the CRA will pay 50% of the performance show fee. 5. General. This Agreement shall be governed by and construed in accordance with the laws of Florida without giving effect to choice of law provisions. All disputes arising under or relating to this Agreement or the Booking shall be resolved in the state or federal court with appropriate jurisdiction serving Broward County, Florida and each party consents to the jurisdiction and venue of such courts. In any action or proceeding arising under this Agreement, each prevailing party shall be awarded its reasonable attorney’s fees and other costs incurred. The parties expressly waive trial by jury as to any dispute. 6. Authority. The person signing this Agreement on behalf of Artist represents and warrants that he or she has been duly authorized to do so, and binds the Artist to the obligations undertaken in this Agreement. PLEASE NOTE: IRS Regulations require that the Dania Beach Community Redevelopment Agency maintain a record of Artist’s Federal Tax Identification Number or Social Security Number, to facilitate the filing of 1099 Forms at the end of the year. If Artist has not already done so, he, she or it must send to the Dania Beach Community Redevelopment Agency at 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, Attention Kathleen Weekes, CRA Operations Manager a completed W-9 form. The CRA cannot process payment unless and until the above information form is received. 7. Release Hold Harmless and Indemnification Agreement. In exchange for granting of the Booking, Artist agrees that the City of Dania Beach, Florida (the “City” as a third party beneficiary) and the CRA (such terms also including each of their respective elected and appointed officials, employees, agents, attorneys, and all persons and entities directly or indirectly associated with them) in connection with the “2022 Dania Beach Arts and Seafood Celebration” Event (“Event”) promoted by the CRA, which is to be held at Frost Park in the City of Dania Beach on April 2 and April 3, 2022, that Artist, and his, her or its, successors, assigns, administrators, agents, representatives, attorneys and any person and any entity of any kind claiming by, through or under him, her, or its, remise, release, acquit, satisfy and forever discharge both City and CRA from every and any manner of action and actions, cause and causes of action, damages, suits, claims and demands whatsoever, whether known or unknown, in law or in equity, which Artist ever had, now has, or which Artist, or anyone claiming by, through or under Artist subsequently can, shall or may have against both City and CRA, upon or by reason of any matter, cause or thing whatsoever, specifically including, but in no way limited to, all matters arising from or relating to Artist’s participation in the Event. Artist also specifically agrees to indemnify and hold harmless the City and CRA from any claim, action, proceeding, liability, damage, loss (including but not limited to any attorney fees, court costs or both) arising out of the Event. If the City, CRA, or both, are named in any such claim, action or proceeding, Artist shall defend both the City and CRA at no cost whatsoever to them, with legal counsel paid for by the Artist and selected by, and approved by, both City and CRA. Artist further agrees to indemnify, defend and hold both City and CRA free and harmless from any and all claims of any nature or kind whatsoever, by any individual or entity whatsoever arising from or in connection with the foregoing Event, including any time associated with any preparations for such Event and any time associated with Artist’s entry to and departure from the Event site. It is further understood and agreed to by and between the parties identified in this Agreement that no promise, assurance, warranty, representation or agreement not expressed in this Agreement has been made by the parties to it, and that the terms of the document are contractual and not a mere recital. This document shall be governed by and construed in accordance with the laws of the State of Florida. IN WITNESS OF THE FOREGOING, the undersigned executed this Agreement on _________________, 2022. CRA: ATTEST: DANIA BEACH COMMUNITY REDEVELOPMENT AGENCY _______________________ ______________________________ THOMAS SCHNEIDER K. MICHAEL CHEN CRA SECRETARY EXECUTIVE DIRECTOR APPROVED FOR FORM AND CORRECTNESS: ________________________ EVE BOUTSIS CRA ATTORNEY