HomeMy WebLinkAboutR-00-0441J-00-451
5/17/00
RESOLUTION NO.
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO EXECUTE A USE AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE
CITY OF MIAMI ("CITY") AND F.L.T., INC. FOR
THE PURPOSE OF PRESENTING FIFTEEN (15)= TO
THIRTY (30) HOME PROFESSIONAL SOCCER GAMES
FOR A PERIOD OF THREE (3) YEARS COMMENCING
MARCH 1, 2001, WITH AN OPTION -TO EXTEND FOR
AN ADDITIONAL FIVE (5) YEAR PERIOD;
AUTHORIZING THE USER FEE TO BE CAPPED AT
$15,000 PER .EVENT; FURTHER CONDITIONING SAID
AUTHORIZATION UPON THE ORGANIZERS PAYING ALL
NECESSARY COSTS OF CITY SERVICES AND
APPLICABLE FEES ASSOCIATED WITH ANY EVENT,
OBTAINING INSURANCE TO PROTECT THE CITY IN AN
AMOUNT AS PRESCRIBED BY THE CITY MANAGER AND
COMPLYING WITH ALL CONDITIONS AND LIMITATIONS
AS MAY BE PRESCRIBED BY THE CITY MANAGER OR
DESIGNEE.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
CITY COMMSSION
MEETING OF
MAY 2 5 2000
Resolution No. -
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Section 2. The City Manager is hereby authorized" to
execute a Use Agreement, in substantially the attached form, with
F.L.T., Inc. for use of the Orange Bowl Stadium for presentation
of fifteen (15) to thirty (30) professional soccer .games for a
period of three (3) years .commencing on March 1, 2001, with an
option to extend for an additional five (5) year period.
Section 3. The Use Fee for the use of the Orange Bowl
Stadium for said events is hereby authorized and established at a
maximum of $15,000 per event.
Section 4. The herein authorization is conditioned upon
the organizers paying all necessary costs of City services and
applicable fees associated with any event, obtaining insurance to
protect the City in the amount as prescribed by the City Manager
and complying with all conditions and limitations as may be
prescribed by the City Manager.
The herein authorization is further subject to compliance with all
requirements that may be imposed by the City Attorney, including but not
limited to those prescribed by applicable City Charter and Code
provisions.
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Page 2 of 3
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Section 5. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor./
PASSED AND ADOPTED this 25th day of May 2000.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sac. 2-36, linea th 6F did h6t ihoidat°
this legislation by signing it 19 the designated a pr6vid"110 4 i , :,l
becomes effective with the e! se of e ) a, s orn the to of "ol
regarding same, without the ayor exe ^isii eto
ATTEST: .�. _.._ ...._. w._. _ _.. - Walter J. F . ff _
WALTER J. FOEMAN
CITY CLERK
APPROVEDA S 0 F
�V6.
TORNEY
CL
CORRECTNESS:X
-Zi If the Mayor does not sign this Resolution, it shall become effective at
the end of ten calendar days from the date it was passed and adopted.
If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
Page 3 of 3
USE AGREEMENT
ORANGE BOWL STADIUM
This Agreement is entered into this _ day of , 2000 by and between the
City of Miami, a municipal corporation of the State of Florida ("City") and F.L.T., Inc., a
corporation organized and existing under the laws of the State of Florida ("User").
In consideration of the mutual covenants and promises herein contained, the City hereby
grants to User the right, privilege and permission to enter into and upon the municipal facility
owned by the City and known as the Miami Orange Bowl Memorial (the "Facility") for the
Permitted Use and during the Use Period, as the terms are hereinafter defined, subject to the
terms and conditions set forth in this Agreement.
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1. TERM: Unless sooner terminated in accordance with Section 23 hereof, the
term of this Agreement shall be three (3) years, commencing on March 1, 2001. USER shall
have the option to extend the term for a period of five (5) years, by giving City written notice of .
the exercise of the option at least six (6) months prior to the expiration of the then current term.
2. PERMITTED USE: USER shall be permitted to enter the Facility for the
purposes of presenting fifteen (15) to thirty (30) home games (the "Events") between the months
of March to August during each year of the Term commencing on March 2001. Additionally,
User may enter the Facility for the purpose of conducting .one practice the day before each Event.
The practices shall be held during daylight hours, unless otherwise agreed to by the Stadium
Manager and subject to User's agreement to pay the applicable fees.
3. USE PERIOD/SCHEDULE NOTIFICATION:
A. Use Period: The Use Period ("Use Period") shall consist of the periods for set-
up and dismantling and for presentation of each Event. The period for presentation shall
commence at 7:00 a.m. and shall terminate at 12:00. a.m., on the day of each Event.
Should User require a longer period for set-up and dismantle, or should User require
services outside normal City working hours, the same may be allowed by the Stadium
Manager, in consideration of an Additional Charge.
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05/17/2000 10:43 3056437115 ORANGE BOWL STADIUM PAGE 02
B. Schedule Notification: On or before December I" of each year during the
Term, the User shall deliver to the City a written schedule of the proposed dates in which
the User's games -are to be played during the following upcoming season. Not later than
five (5) business days following receipt of the User's proposed schedule, the City shall
notify User, in writing, of any proposed game date(s) not acceptable to- the City. User
and the City shall work together to reschedule any proposed game date(s) not accepted by
theCity.
City.
C. Scheduling Restrictions: The City agrees that during the term of this
Agreement, and provided that no event of default has occurred hereunder, the City shall
not authorize the Facility to be used for the presentation of -any games which,in the
judgment of the Stadium Manager, is.substantially similar to..the Event, within a period of
five (5) calendar days before each Event:
4.. USE FEE: The Use Fee shall be the.sum total of the Basic Use Fee, the Ticket:.:
Surcharge, and the Additional Charges.
A. Basic Use Fee:, The Basic Use Fee for the use of the Facility for each Event
shall be the greater of $5,000 or ten (10%) of gross admission price for .each Event,.
including admissions to ancillary activities, exclusive of federal, state or locally imposed
taxes payable upon admissions. Basic Use Fee includes ordinary use of air conditioning; .
electricity, house lights (tower lights) and water during the Event as same maybe used
throughout the Term.. The Basic Use Fee for each Event shall not exceed $15,000.00.
B. Ticket Surcharge: The Ticket Surcharge is based upon the actual admission
price, excluding taxes. User shall levy and collect, -on . behalf of the City, a Ticket
Surcharge on each paid tcdmission, together with applicable tax thereon. The amount of
the surcharge shall be computed as follows:
]Price of Admission Surcharge
$ 1.00 to $ 5.00 $0.50
$ 5.01 to $15.00 $0.75
$15.01 and over $1.00
Each printed ticket shall be itemized to show the admission price, the ticket surcharge,
applicable taxes, and service charge from outside ticket agencies, if any. User agrees to
record the Ticket Surcharge as a separate item in the statement of accounts for each
Event. User shall be responsible for the collection of the Ticket Surcharge, which shall
be held by User in trust for the City, and the sales tax thereon, which User shall remit to
the Florida Department of Revenue. User shall pay to the City the Ticket Surcharge as
soon as possible after the conclusion of each Event, but in no event later than the twenty-
four (24) hours after the Event. User shall maintain all books and records pertaining to
each Event, and shall make such books and records available for the City's inspection
and auditing as provided herein in Section 16 below.
C. Additional Charges: In addition to the foregoing, the User shall pay the::.
Additional Charges, which include payment for additional services required by the User
and not included in the Basic Use Fee or otherwise agreed upon in this Agreement, or
other accommodations or materials furnished to the User, and all amounts due in
connection with the Permitted Use, all applicable taxes, including State of Florida sales
tax, and all other amounts due by User under this Agreement. The City shall provide
User, within 72 hours before each Event, with an estimate of the anticipated additional
charges for each Event (the "Cost Estimate"). User shall pay the Additional Charges not
later than twenty-four (24) hours after the Event. A list of the most commonly incurred
Additional Charges is set forth in Exhibit A to this Agreement. The rates in Exhibit A are
those in effect as of the date of this Agreement and may change throughout the Term.
5. DEPOSIT:
A. Damage Deposit: At least thirty (30) days prior to the first Event of each year
during the Term, User shall deliver to the City a deposit, in the amount of $10,000, to be
held by the City to secure User's performance under this Agreement and full payment of
all amounts due hereunder, including the cost of any damage repairs, replacement .or
restoration, payment of any Additional Charges, or to defray any other unusual but
reasonable expenses borne by the City as a consequence of User's use of the Facility. If it
becomes necessary for the City to apply the Damage Deposit or a portion thereof to
satisfy User's obligations under this section then the User shall, at least thirty (30) days
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prior to the next Event, pay to the City such amount as may be necessary to restore the
Damage Deposit to the $10,000 amount required under this Agreement. The City shall
return the Deposit, or the unexpended portion thereof, to the User upon full satisfaction of
all of User's obligations hereunder during each year of the Term.
B. Reservation Deposit: Upon execution of this Agreement, and as a
condition to its effectiveness, User shall deliver to the City a Reservation Deposit in the
amount of $10,000, to reserve the Event Dates during each year of the Term. The City
shall have the right to use the Reservation Deposit to compensate itself for any Event not
held as scheduled through no fault of the City or as a result of Force Majeure. In such
event, User shall pay to the City such amount as may have been applied by the City in
order to restore the Reservation Deposit to the amount required under this .Agreement.
Any unused portion of the Reservation Deposit shall be applied toward payment of the
Use Fee for the last Event(s) of the Use Period.
6. FORM OF PAYMENT: All payments from User to City shall be by
cashier's or certified check. The moneys that are on hand, or held at all remote ticket outlets,
shall be deemed to be "on premises gate receipts" and shall be available to the City to be applied
against all amounts due the City.
7. EVENT PERSONNEL, UTILITIES AND SUPPLIES: Except as otherwise
specifically provided, User shall be responsible for the staffing of the Event and shall pay, as an
Additional Charge, all charges for utilities, supplies or other services, not expressly stated in this
Agreement, which include the following:
A. Event Personnel: User shall furnish, at its sole expense, the following Event
personnel: ticket sellers, ticket takers, ushering staff, stagehands, spotlight operators,
musicians, projectionists, box office personnel, installation personnel, and security staff.
User must also pay for City personnel (which shall be provided by the City at User's cost
and expense), if in the estimation of the Stadium Manager such personnel are required for
the presentation of the Event ("City Event Staff'). City Event Staff, include, but are not
limited to, an event supervisor, janitorial staff, office attendants, groundsmen, elevator
operators, technicians, and all other personnel necessary for the proper conduct of the
Event. When City Event Staff is required, the Stadium Manager shall, at least 72 hours
prior to the commencement of the Event, advise User of such requirement, including the
estimated hours of work and rates of pay for such personnel. User agrees to pay to the
City, as an Additional Charge, the actual cost of providing the City Event Staff.
B. Police: User shall be responsible for payment of police services required
for each Event. The Stadium Manager, after full discussion with the User concerning the
type of Event and related activities, shall contact the City's Police Department to
ascertain the level of police and/or other security staffing necessary for adequate crowd
control, traffic circulation, and safety and/or other required security prior to, during and
after the Event. At least 72 days hours prior to the Event, the Stadium Manager shall
advise User of such security requirements, including an estimate of the number;.of.;, .
security personnel required, the estimated hours of work and applicable rates of pay.
User shall be responsible for the direct payment for police services upon conclusion of
the Event.
If, during the course of the Event, the City determines that security for the Event
is insufficient for proper crowd control, then the City may summon such additional
officers as are deemed necessary. User shall be responsible for payment of such
additional security at the applicable rate, which shall be the rate normally charged for
such officer, depending on factors such as whether the officer is off-duty or working
overtime. In the event that off-duty police officers are summoned, then the compensation
shall be based on the greater of four (4) hours or the actual time devoted to the Event,
including "administrative" time, such as time devoted to booking prisoners, etc. Payment
for such additional security shall be made upon conclusion of the Event.
C. Fire: Not later than 15 days prior to the commencement of the Use Period, User
shall provide two (2) copies of a diagram/floor plan of the proposed Event layout to the
office of Fire Department Plans Examiner, 444 S.W. 2nd Avenue, 10th Floor, Miami, Fl
33130. Similarly, not later than ten (10) days prior to the commencement of the Use
Period, User shall obtain and deliver to the Director an Assembly Permit, and such other
permits as may be required by the City relative to the Event. Fire department manpower
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requirements for the Event shall be as stipulated by the Fire Marshall and approved by
the Stadium Supervisor.
D. Additional Utilities, Services and Equipment: User shall pay to the City, as an
Additional Charge, the prevailing fee charged by the City for services, personnel, and/or
equipment provided by the City at the User's request. These additional services may
include the services of groundsmen, technicians and other City personnel for services
rendered outside of normal City working hours. Nothing contained herein shall be
deemed to require the User to pay to the City the cost of air conditioning, electricity,
house lights and water during Event hours, for Event purposes, nor the cost of the use of
air-conditioning, lighting, electricity and water for the dressing and training rooms,
during regular business hours, as same may be used throughout the Term.
E. Cost Confirmation: At least seventy two (72) hours prior to the Use Period, the .
City shall provide to the User a "Cost Confirmation" sheet which shall describe, to the
extent known and available, the Additional Charges. User shall pay the Additional
Charges, if any, within twenty four (24) hours after the Event. User understands and
agrees that the Cost Confirmation represents the City's good faith estimate of the
additional charges, but the same may change in accordance with the provisions of this
Agreement.
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8. UNION REOUIREMENTS: When applicable, User shall ensure
compliance with all necessary union requirements in connection with the personnel and services
engaged for presentation of the Event. The City shall use its best efforts to inform User, at least
72 hours prior to the Event, of the terms of any trade or employee union agreement, written or
oral, affecting all relevant personnel or services used in connection with the Event.
9. PARKING: Each year, User will purchase all parking spaces to be used during
the Events, excluding the spaces depicted in Exhibit "B,", for a total of $100,000 (the "Parking
Fee"), plus applicable sales tax. The Parking Fee shall be paid not later than thirty (30) days
prior to the first Event of each year. If User fails to pay the Parking Fee when due, then User
shall forfeit the use of said parking spaces for the corresponding year. User shall be responsible
for all costs and expenses involved in making the parking available to the public, including
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specifically, without limiting the generality of the foregoing, providing sufficient personnel to
control all parking for each Event. User agrees that charges to the public shall not exceed the
usual and customary charges for parking at the Facility.
10. ATTENDANCE LIMITATION: A maximum attendance of 72,000 persons
will be permitted for each Event. User represents and warrants that no more than 72,000 will be
printed for each Event.
11. ADMISSION AND TICKETS: All entry to the Facility on the Event date(s)
shall be by ticket only, purchased at the full ticket price established by the User, except for
employees of User and City whose presence is required for the presentation of the Event and
who have received passes issued by User, or as otherwise provided by this Agreement.
All tickets shall be printed by a bonded printer. The ticket manifest, which shall
specifically state the number of tickets printed and the serial numbers, shall be presented to.the
Stadium Manager or his/her designee with at least 72 hours prior to each Event. User shall
prepare a complete box office statement of all admission tickets sold or distributed as
complimentary tickets.
City shall permit User to utilize a maximum of 10% of the total number of tickets which
User is authorized to have printed for each Event as Complimentary Tickets for promotional
purposes. Tickets issued in excess of the 10% limitation shall have a value equal to the average
ticket price offered for sale to the public and shall be included in the calculation of gross ticket
sales for determination of the Use Fee as described in Section 4 above.
12. GATE OPENING TIME: Doors shall open as advertised and as approved by
the City and must be coordinated with User. All tickets and advertising shall indicate opening
time. The City reserves the right to change or adjust the door opening time, as it deems
appropriate based on crowd control conditions.
13. CONCESSION RIGHTS:
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A. Food and Beverages: User understands and agrees that this Agreement
shall not grant to the User any concession rights, which belong to an exclusive
concessionaire for the Facility. Accordingly, the sale of all food or beverages except by
the exclusive concessionaire is strictly prohibited. Notwithstanding the foregoing, User
shall have the right to supply food and beverages for User's staff and VIP's free of charge,
at the following locations: backstage, dressing room and VIP hospitality as it deems
necessary.
B. Souvenirs: The City hereby grants to the User the merchandising rights to sell
programs, novelties and other items such as T-shirts, buttons, hats, other apparel, records,
tapes, and photographs referring to the Event. The City agrees that User shall retain 100%
of all merchandise revenues, less any applicable State of Florida sales or use. tax, which'.
User shall remit directly to the State of Florida Department of Revenue.
14. ADVERTISING: The City makes no representations whatsoever regarding .
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User's right to advertise in the Facility. User acknowledges that the City has granted to the
University of Miami ("UM") certain permanent and temporary signage and advertising rights,
which are described in an agreement between the City and UM, a copy of which has been
furnished to User (the "UM Agreement"). User represents to the City that it is familiar with the
provisions of the UM Agreement and that its use of the Facility will in no way violate any
provision of the Agreement regarding signage or advertising. User further indemnifies and holds
City harmless from and against any action by UM alleging a violation of the advertising or
signage provisions under the UM Agreement.
15. CONDITION OF FACILITY/REMOVAL OF USER'S USER'S EFFECTS:
P.
A. User has inspected the Facility and accepts it in "as -is" condition. The City
agrees that the Stadium is in compliance with all laws, regulations and ordinances and, as
a place of "public accommodation" it is currently in compliance with Title III of the
`Americans with Disabilities Act,' U.S.C. §12101 et seq. (`ADA') and the `Florida
Americans with Disability Accessibility Implementation Act,' §§553.501-553.513,
Florida Statutes (`FAC').
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B. User agrees to tear down and remove all of User's effects immediately after the
Event. User agrees to surrender the Facility to the City properly cleaned and in the same
condition existing upon User's acceptance, normal wear and tear excepted. If the Facility
is not properly cleaned to the City's reasonable satisfaction, then the City shall have the
right to invoice the User for such additional cleaning. The cost of additional cleaning, as
well as the cost of damage repairs, or any repairs necessitated as a result of the use of the
Facility by User, shall be deducted from the Damage Deposit. User shall pay any
deficiency upon demand.
C. The City shall have the right to remove from the Facility, at User's cost and
expense, any effects remaining in or on the grounds of the Facility at the end of the Use
Period. Alternatively, the City may charge the User for storage, at a rate equal to`the a
lowest use rate, per day, for each day or part of a day that said effects remain in or on the
grounds of the Facility. All amounts due by User under this Section shall be deducted
from the Damage Deposit and User shall pay any deficiency upon demand.
D. The City shall have the right to enter upon the Facility at any time during the Use
Period, as it deems necessary.
16. AUDIT AND INSPECTION RIGHTS: The City may, at reasonable times,
and for a period of up to three (3) years following the expiration of the Use Period, audit, or
cause to be audited, those books and records of User which are related to this Agreement. User
agrees to maintain all such books and records at its principal place of business for a period of
three (3) years after expiration of the Use Period.
17. PUBLIC RECORDS: User understands that the public shall have access,
at all reasonable times, to all documents and information pertaining to City contracts, subject to
the provisions of Chapter 119, Florida Statutes, and agrees to allow access by the City and the
public to all documents subject to disclosure under applicable law. User's failure or refusal.to
comply with the provisions of this section shall result in the immediate cancellation of this
Agreement by the City.
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18. COMPLIANCE WITH APPLICABLE LAWS: User agrees to obtain
all required licenses and permits and to abide by and comply with all applicable laws, rules,
regulations, codes and ordinances in the use of the Facility and/or presentation of the Event.
19. RULES AND REGULATIONS FOR THE FACILITY: By execution of this
Agreement, User acknowledges that it has received and fully understands the "Rules and
Regulations for Use of City of Miami Municipal Facilities" which has been furnished to User
prior to the execution hereof. User hereby represents and warrants to the City that User shall
abide by each, and shall not permit the violation of any, rule and regulation set out therein.
20. INDEMNIFICATION: User agrees to indemnify and save harmless the
City, including all the City's volunteers, agents, officers and employees, from and against
and all claims, liabilities, losses, and causes of action, which may arise out of User's activities
under this Agreement, whether caused by any action or omission of User or any of its employees
or agents, or by any person whatsoever acting for or on its behalf. User further indemnifies the
City as to all liabilities, costs and expenses, including legal fees and costs, at all levels, incurred
in the defense and/or investigation of any such claims. City agrees to indemnify User for the
negligence of the City, its agents, employees and/or assigns, subject to all limitations and
restrictions provided under Florida Law.
21. RISK OF LOSS: User understands and agrees that the City shall not be liable
for any loss, injury or damage to any personal property or equipment brought into the Facility by
User or anyone whomsoever, during the time that the Facility is under the control of, or occupied
by the User, except for any loss or damage directly caused by the negligent act of a City
employee while acting under the control of the City. All personal property placed or moved in
the Facility shall be at the risk of User or the owner thereof. User further agrees that it shall be
responsible to provide security whenever personal property either owned or used by the User, its
employees, agents or subcontractors is placed in the Facility, including any property or
equipment necessary for set-up and dismantle, whether or not the Facility is open to the general
public. Notwithstanding the foregoing, User shall not be liable for any losses, injuries or
damages resulting from the negligent acts or omissions of any City employees under the control
of the City.
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22. INSURANCE: User shall obtain, at User's expense, and keep in effect
during the term of this Agreement, general liability insurance, in a comprehensive form, in the
following insurance limit amounts:
General Aggregate: $1,000,000
Products/complete operations: $1,000,000
Personal/advertising injury: $1,000,000
Fire damage (any one fire): $ 50,000
Liquor Liability $1,000,000
Such insurance shall be written by insurance companies which are satisfactory to the City and
which are registered to do business in the State of Florida. All policies shall be endorsed to
name the City and its directors, officers, employees and agents, as additional insured, to provide
that the City shall be given thirty (30) days advance written notice of cancellation, and shall -.b,6.,,,
written on an occurrence basis.
User shall provide to the City certificates evidencing the required insurance coverage at:
least thirty (30) days prior to the commencement of the Use Period and throughout the term of
the Agreement, as the insurance policies expire. Binders are not acceptable.
23. DEFAULT: If User fails to comply with any term or condition of this
Agreement, or fails to perform any of its obligations hereunder, then User shall be in default.
Upon the occurrence of a default which is not cured within five (5) days after delivery of written
notice thereof by the City, the City, in addition to all remedies available to it by law, may
immediately, upon written notice to User, terminate this Agreement whereupon all deposits,
payments, advances, or other compensation paid by the User to the City shall be retained by the
City. Notwithstanding the aforementioned five (5) day cure period, no Event may be held while
a default remains uncured.
24. CITY'S TERMINATION RIGHTS:
A. Termination for Convenience: The City shall have the right to terminate
this Agreement for convenience, in its sole discretion, upon not less than 12 months
written notice to User. Additionally, the City shall have the right to cancel an Event or
Events at any time if, in the exercise of its reasonable discretion, the City determines that
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the presentation of the Event(s), at the scheduled time, is not in the best interest of the
City, due to circumstances beyond the City's reasonable control.
B. Termination for Cause: The City shall have the right to terminate this
Agreement, without notice or liability to User, upon the occurrence of an event of default,
as described in Section 23 above.
C. Other Termination Rights: The City shall have the right to terminate this
Agreement in the event that the Facility is condemned, or in the event of its damage due
to fire, windstorm, catastrophe or other act of God, and the City decides, in its sole
discretion, not to repair or rebuild. In such event User shall not be liable for any
expenses.
D. Return of the Deposit: Except where this Agreement is terminated for
cause, or as otherwise provided, User shall be entitled to a refund of the Deposit, or so
much thereof as has not been applied, upon termination of the Agreement, after
satisfaction of all amounts due by User hereunder, if any.
25. NONDISCRIMINATION: User represents and warrants to the City that User
does not and will not engage in discriminatory practices and that there shall be no discrimination
in connection with User's use of the Facility or presentation of the Event on account of race,
color, sex, religion, age, handicap, marital status or national origin. User further covenants that
no individual shall, solely by reason of his/her race, color, sex, religion, age, handicap, marital
status or national origin, be excluded from participation in, be denied services, or be subject to
discrimination in connection with. the use of the Facility under this Agreement.
26. ASSIGNMENT:I� This Agreement shall not be assigned by User, in whole or
in part, without the prior written consent of the City, which may not be unreasonably withheld.
27. NOTICES: All notices or other communications required under this
Agreement shall be in writing and shall be given by hand -delivery or by registered or certified
U.S. Mail, return receipt requested, addressed to the other party at the address indicated herein or
to such other address as a party may designate by giving notice in the manner herein provided.
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Notice shall be deemed given on the day on which personally delivered; or, if by mail, on the
third day after being posted or the date of actual receipt, whichever is earlier.
TO USER:
Andrew Dreyfuss
F.L.T., Inc.
707 SE 3`d Avenue
Suite 2000
Fort Lauderdale, FL 33316
28. SPECIAL REGULATIONS:
following Special Regulations:
TO THE CITY:
Christina P. Abrams, Director
Conferences, Conventions and
Public Facilities
400 S.E. 2nd Avenue
Miami, Fl 33131
User agrees to comply with each of the
A.. Beverages: There shall be no bottles or cans of any sort brought into the
Facility during the presentation of the Event. User agrees to advise the public of this
provision by including this restriction in all appropriate print advertisements for the Event.
B. Licensing Contract: User shall, when necessary, provide to the Stadium Manager
a copy of the licensing contract or any other licensing documents held by User in
connection with the presentation of any copyrighted material for the Event. User, for
itself and on behalf of the artist or promoter of the Event, represents and warrants to the
City that all copyrighted programming to be presented has been duly licensed or
authorized by the copyright owners or their representatives. User hereby indemnifies and
holds the City harmless from and against any and all claims, losses or expenses that may
arise in connection with the provisions contained herein. User understands and agrees that
the Director shall have the right to cancel any event for which it has not received the
corresponding licensing documents at least seventy two (72) hours prior to gate opening
time.
C. Restriction for Playing Field: User agrees to restrict all vehicles (except
emergency vehicles such as ambulances) from the grass and playing field. Any exception
to this restriction may only be granted by the Stadium Manager.
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D. Music License: User shall obtain a copy of the blanket BMI and/or ASCAP
license in connection with the Event. User represents and warrants that all BMI and/or
ASCAP fees for the concert will be paid by User and further agrees to indemnify and
hold the City harmless from any and all claims, losses or expenses incurred with regard
thereof.
29. MISCELLANEOUS PROVISIONS:
A. User shall identify the City in all printed promotional materials and press releases
prepared or issued in connection with the Event. The City shall be identified as "The
City of Miami, Florida" or "Miami.
! ',�A�. .. v:i� ...... . +"t' .. ?'S� .'�i. .S xi:_ a ... .'P i,. ?'3,..."'+.f�7ry.'�Ft}:��'+. ,. c-. n .a•r...
B. User shall provide to the City one hundred (100) promotional tickets for each
Event, -for the' purpose (ifspromoting the. Facility.,
C. This Agreement shall be construed and enforced according to the laws of the State
of Florida.
D. Title and paragraph headings are for convenient reference and are not -a part : of
this Agreement.
E. No waiver or breach of any provision of this Agreement shall constitute a waiver
of any subsequent breach of the same or any other provision hereof, and no waiver shall
be effective unless made in writing.
F. Should any provision, paragraph, sentence, word or phrase contained in this
Agreement be 'determined by a court of competent jurisdiction to be invalid, illegal or
otherwise unenforceable under the laws of the State of Florida or the City of Miami, such
provision, paragraph, sentence, word or phrase shall be deemed modified to the extent
necessary in order to conform with such laws, or if not modifiable, then same shall be
deemed severable, and in either event, the remaining terms and provisions of this
Agreement shall remain unmodified and in full force and effect or limitation of its use.
G. This Agreement constitutes the sole and entire agreement between the parties
hereto. No modification or amendment hereto shall be valid unless in writing and
executed by property authorized representatives of the parties hereto.
30. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the
parties hereto, their heirs, executors, legal representatives, successors, or assigns.
31. ENTIRE AGREEMENT: This instrument, together with its attachments and
all other instruments incorporated herein by reference, constitute the sole and only agreement of
the parties hereto relating to the use of the Facility. Any prior agreements, promises,
negotiations, or representations not expressly set forth in this Agreement are of no force or
effect. This Agreement may only be modified by a written agreement signed by the parties.
32. COUNTERPARTS: This Agreement may be executed in two or more
counterparts, each of which shall constitute an original, but all of which, when taken together,
shall constitute one and the same agreement.
33. . APPROVAL BY OVERSIGHT BOARD: The State of Florida has
appointed an Emergency Financial Oversight Board ("Oversight Board") which is empowered to
review and approve all pending City of Miami contracts. As a result, contracts shall not be
binding on the City until such time as they have been approved by the Oversight Board.
Execution of this contract by the City Manager shall constitute evidence of its approval by the
Oversight Board.
THIS AGREEMENT SHALL BE RETURNED TO THE CITY,
PROPERLY EXECUTED BY USER, BY , 2000, AT
5:00 P.M. FAILURE TO COMPLY WITH THIS PROVISION MAY
RESULT IN THE CANCELLATION OF THIS AGREEMENT BY THE
CITY AND FORFEITURE OF ANY DEPOSIT, ADVANCE OR PAYMENT
MADE BY USER TO RESERVE THE USE PERIOD.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed by their respective officials thereunto duly authorized, this the day and year above
written.
15
ATTEST:
Walter Foeman, City Clerk
Print Name:
Title: Corporate Secretary
Approved as to form and
Correctness
Alejandro Vilarello
City Attorney
"CITY"
CITY OF MIAMI, a municipal
corporation
By:
Donald Warshaw, City Manager
"USER"
F.L.T., Inc.
a State of Florida corporation
By:
Print Name: Andrew Dreyfuss
Title:
Approved as to Insurance
Requirements
Mario Soldevilla
Insurance Administrator
16
ORANGE BOWL STADIUM
EXHIBIT A
Estimated Additional Charges
City Event Staff*
Position
Electricians
Sound Technician
Grounds Tender
Operations Worker
Office Attendant
Nurses
A/C Mechanic
Plumber
Restroom Attendant.:..
Event Supervisor_
Fire Personnel*
(Estimate to be provided)
Police Personnel*
Officer
Sergeant
Lieutenant
Captain
Equipment
Tower Lights
Clean -Up Costs
Attendance
0-10,000
10,001 — 20,000 �
20,001 — 40,000
40,001 — 60,000
60,001 — sellout
Hourly
$25-35
25-35
15-20
15-20
10-15
15
25-35
25 J 35
4
7-10 ate
15-20
$ 23
27
31
35
$600 per hour
Costs
$1,800
2,500
3,500
4,500
5,000
*Personnel staffing requirements to be determined by Stadium Manager based on attendance,
day of Event, and User requirements.
17 V � 441
41
TO
FROM
40,
CITY OF MIAMI, FLORIDA 0
INTER -OFFICE MEMORANDUM
The Honorable Mayor
*Membersthe City Commission
z
CA -7
DATE : MAY 15 2000 FILE :
SUBJECT:
Resolution Establishing Special Rates
and Conditions for Use of Orange
REFERENCES: Bowl Stadium by F.L.T.
for Professional Soccer Games
ENCLOSURES:
RECOMMENDATION
It is respectfully recommended that the City Commission adopt the attached Resolution
establishing special rates and conditions for the use of the Orange Bowl Stadium for professional
soccer games presented by F.L.T. for a period of three (3) years commencing March 1, 2001,
with an option to extend for an additional five (5) year period.
BACKGROUND
In order to secure these professional soccer games at the Orange Bowl Stadium, the Department
of Conferences, Conventions and Public Facilities recommends the following:
• Use Fee will be capped at Fifteen Thousand Dollars ($15,000).
• User will purchase all parking spaces to be used during the events for an amount not to
exceed One Hundred Thousand Dollars ($100,000), and be responsible for all costs and
expenses involved in making the parking available to the public.
• City will receive a Ticket Surcharge; however, City shall permit the User to utilize a
maximum of ten (10%) percent of tickets as complimentary tickets for promotional
purposes.
• City will retain all revenues from food and beverages in addition to the Use Fee.
• User will pay for all necessary costs of City services and applicable fees associated with
the event, obtain insurance as prescribed by the City Manager or designee and comply
with all conditions and limitations as may be prescribed by the City Manager or his
designee.
These events are expected to produce net revenues to the City in excess of $500,000. 91
rcOA
DHW/RM/CPA/IG/yp