HomeMy WebLinkAboutR-99-0052J-99-117
1/12/99
RESOLUTION NO. 9 J 5 2
A RESOLUTION OF THE MIAMI CI' .CY COMMISSION
AUTHORIZING THE USE OF KENNETH MYERS PARK BY
HOME SHOW MANAGEMENT CORP. ("HSMC") TO
ACCOMMODATE OVERFLOW PARKING IN CONNECTION
WITH THE HOME DESIGN AND REMODELING SHOW
( "HOME SHOW") TO BE PRESENTED AT THE COCONUT
GROVE EXHIBITION CENTER, FEBRUAR.Y 5 - 10,
1999, PROVIDING THAT ANY MEASURABLE RAIN OR
WEATHER CONDITIONS AT ANY TIME DURING THE
EVENT, OR PRIOR TO OR DURING SAID HOME SHOW,
DOES NOT RENDER THE USE AREA UNACCEPTABLE FOR
PARKING IN THE SOLE DETERMINATION OF THE CITY
MANAGER OR DESIGNEE; SAID AUTHORIZATION
FURTHER CONDITIONED UPON HSMC: 1) PAYING A
DEPOSIT, IN AN AMOUNT TO BE NEGOTIATED BY THE
CITY MANAGER, FOR REPAIR OR RESTORATION OF
DAMAGE THAT MAY BE INCURRED DURING SAID USE
PERIOD, AND 2) OBTAINING THE NECESSARY PARK
PERMIT FOR SAID USE.
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adjacent
to the Exhibition Center, will
serve as a convenient
area for
overflow parking requirements;
NOW,
THEREFORE, BE IT RESOLVED BY THE
COMMISSION OF THE CITY
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OF MIAMI, FLORIDA:
Section I. 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.
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immediately upon its adoption and signature of the Mayor'-�.
PASSED AND ADOPTED this 12th day of January 1999.
JOE CAROLLO, MAYOR
1o'6=DTftnce with Miami Code Sec. 2-36, since the Mayor did not indicate approval of �
tft legislation by signing it in the designated place F)rc,Ai ed, Sail' 'egi;1^t..-,r 117;.j �7
bw mes effective with the elapse of ten (10) days from isle -te of Commi crn Gctio^
Warding same, without the Mayor exercising V o. �� q
ATTEST:
Wall _sr J F ernan. City Clerk
WALTER J. FOEMA4
Fy
CITY CLERK °`"autit
APPRO` . AS <'? O D CORRECTNESSj��t
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RO VILARELLO G°t
C TTORNEY
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�i 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
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upon override of the veto by the City Commission. kf
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CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
TO Honorable Mayor and Members DATE January 7, 1999 F L:
of the City Commission
SUBJECT Pocket Item
FROM , nche�E; REFERENCES.
Commissioner
ENCLOSURES:
Attached please find a resolution establishing a cap of $10,000 as the Use Fee for the use
of the Orange Bowl Stadium for the presentation of "Continental Cup" a professional
soccer game which will be held on January 17, 1999.
The Department of Conferences, Conventions & Public Facilities recommends the Use
Fee to be capped at $10,000 in order to secure the event at the Orange Bowl Stadium.
The City will receive a Ticket Surcharge and retain all revenues from food, beverages and
parking, in addition of the Use Fee. The event organizers will pay for the necessary costs
of City services and applicable fees associated with the event. This event is expected to
produce net revenues to the City in excess of $40,000.
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cc: Donald H. Warshaw, City Manager
Alex Vilarello, City Attorney
Waiter J. Foeman, City Clerk
Elvi Gallastegui-Alonso, Agenda Coordinator
CITY OF MIAMI. FLORIDA
INFER -OFFICE MEMORANDUM
To Honorable Mayor and Members
of the City Commission
FROM C al . Wars aw
City Manager
DATE FILE
JAN 5 1999
SURIECT Resolution to set Use Fee
for "Continental Cup" a
professional soccer game at the
REFERENCE$, e Orange Bowl/1/17/99
ENCLOSUREIISnn
DRECOMM>�NDA. 10N
It is respectfully recommended that the City Commission adopt the attached proposed
resolution establishing a cap of $10,000 as the Use Fee for the presentation of "Continental
Cup", a professional soccer game at the Orange Bowl Stadium on January 17, 1999.
BAC1KGiROKID
The Department of Conferences, Conventions, and Public Facilities recommends the Use
Fee to be capped at $10,000 in order to secure the event at the Orange Bowl Stadium. The
promoters for this event have expressed their desire to hold more events of this caliber in
the future at our facility.
The City will receive a Ticket Surcharge and retain all revenues from food, beverages, and
parking in addition to the Use Fee. The event organizers will pay for all necessary costs of
City services and applicable fees associated with the event. This event is expected to
produce net revenues to the City in excess of $40,000.
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CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO Donald H. Warshaw DATE October 29, 1998 FILE
City Manager
SUBJECT Resolution establishing a Cap
i for, the use of Orange Bowl
Stadium/Continental Cup
FROM Christina P. Abrams, Director REFERENCEfanuary 17, 1999
Conferences, Conventions, and ENCLOSURES
Public Facilities
Your authorization is requested to present the attached resolution to the City Commission
establishing a cap of $10,000 as the Use Fee for the presentation of the "Continental Cup",
a professional soccer game at the Orange Bowl Stadium on January 17, 1999.
The Department of Conferences, Conventions and Public Facilities recommends the Use
Fee to be capped at $10,000. The organizers of this event have expressed their desire to
hold more events of this caliber in the future at our facility.
The City will receive a Ticket Surcharge and retain all revenues from food, beverages, and
parking in addition to the Use Fee. The event organizers will pay for all necessary costs of
City services and applicable fees associated with the event. This event is expected to
produce net revenues to the City in excess of $40,000.
Please indicate yo eference by signing below.
pprove Disapproved
Donald H. Warshaw Donald H. Warshaw
City Manager City Manager
Date: 11*4 1 TY
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ORANGE BOY__ STADIUM
This Agreement is entered into this _ day of 199_ and between the
City of Miami, a municipal corporation of the State of Florida ("City") and Continental Sports 7;
Management, hereinafter referred to as the "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 b5
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 the terms
and conditions set forth in this Agreement.
1. TERM: The term of this Agreement shall be commence upon full execution hereof
and shall terminate upon fulfillment of all the responsibilities and obligations of the parties L`
hereunder.
2. PERMITTED USE: User shall be permitted to enter the Facility for the purpose of
presenting a soccer game (the "Event") during the Use Period and for no other purpose. User is
aware that the City of Miami has entered into an agreement with Grid Iron Productions and for
that purpose the following restrictions apply to this permitted use: a. Field of play will be painted
by chalk only and not field paint, b. A temporary wall in front of the stands will be built.
3. USE PERIOD: The Use Period ("Use Period") shall consist of the periods for set-
up and dismantling and for presentation of the Event. There shall be one (1) presentation of the
Event, on the 17th day of January 1998. The period for presentation shall commence at 7:00
a.m., and shall terminate at 12:00. a.m., on the day of the Event. Unless otherwise agreed by the
Stadium Supervisor, the set-up period shall commence no earlier than 7:00 a.m. one (1) day prior
to the Event period, and dismantling shall begin immediately upon the conclusion of the Event
and conclude within twenty-four (24) hours thereafter. Should User require a longer period for
set-up and dismantle, or should User requires services outside normal City working hours, the
same may be allowed by the Stadium Supervisor, in consideration of an additional fee.
4. 1L9FE: The Use Fee shall be the sum total of the Basic Use Fee, the Ticket
Surcharge, and the Additional Charges.
CoKSOCCERLDOC
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A. The Basic Use Fee ("Basic Use Fee") for the use of the Facility for the Event shall
be the greater of W,000.00 or ten (10%) of gross admission price for the event, exclusive of
federal, state or locally imposed taxes payable upon the admission price.
B. 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 admission.
The amount of the surcharge shall be computed as follows:
price of Admissio_ $urcha=
$ 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, applicable taxes, any
service charge from outside ticket agencies, and the City's ticket surcharge. User agrees to
record the Ticket Surcharge as a separate item in the statement of accounts for the Event. User
shall be responsible for the collection of the Ticket Surcharge, which shall be held by User in
trust for the City. User shall pay to the City the Ticket Surcharge upon demand, and/or as soon
as possible after the conclusion of each Event, but in no event later than the last day of the Use
Period. User shall maintain all books and records pertaining to the Event available for City's
inspection and auditing as provided herein.
C. In addition to the foregoing, the User shall pay the Additional Charges
("Additional Charges"), which shall include payment of additional services, facility equipment or
other accommodations or materials furnished to the User; 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.
5. PAYMENT OF USE FEE: User agrees to pay to the City the Use Fee as follows:
A. Resen Lion Deposit: The Reservation Deposit shall be an amount equal to 50 %
of the Use Fee, and shall be paid upon execution of this Agreement, and as a condition to its
effectiveness. The Reservation Deposit shall be non-refundable, except where the Event is
canceled by the City under Section 22 A, below, or as a result of force majeure.
B. Balance of Use Fee: The balance of the Use Fee shall be paid on or before the
presentation of the Event.
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C. F9�Lf Payment: All payments form User to City shall be by cashier's or
certified check drawn on a local bank. User understands and agrees that the Stadium Supervisor,
at his/her option, shall have the right to demand payment of all amounts due to the City at the
time of the closing of the ticket gates for the Event. 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.
6. DES: Upon execution of this Agreement, and as a condition to its effectiveness,
User shall deliver to the City a deposit, in the amount of $2,500.00, to be held by the City
throughout the Use Period. The Deposit shall 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 expense borne by the City as a consequence of presentation of the Event. The
City shall return the Deposit, or the unexpended portion thereof, to the User upon full satisfaction
of all of User's obligations hereunder.
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, required in connection
therewith, which include:
A. Event Personnel: User shall furnish, at its sole expense, the Event Personnel
("Event Personnel"), which includes ticket sellers, ticket takers, ushering staff, stagehands,
spotlight operators, musicians, projectionists, box office personnel, installation personnel, etc.
Event Personnel also includes City personnel, which shall be provided by the City at User's cost
and expense, if in the estimation of the Stadium Supervisor such personnel is required (the "City
Event Staff') City Event Staff includes, but is not limited to, event supervisor, janitorial staff,
office attendants, groundsmen, elevator operators, technicians, security staff, and all other
personnel necessary for the proper conduct of the Event. When such personnel is required, the
Director shall, at least 72 hours prior to the commencement of the Use Period, advise User of
such requirement, including the estimated hours of work and rates of pay of City Event Staff
User agrees, to pay the City Event Staff for its services, and shall be responsible for keeping
CoMSOCCERLDOC 3
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proper employee records and for the issuance of W-2 and 1099 statements for tax purposes, in
accordance with federal, state and/or local laws.
B. p icc: User shall be responsible for payment of police services required
for the Event. The Stadium Supervisor, 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 prior to
the Event, the Stadium Supervisor shall advise User or the 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 of additional security shall be made upon the conclusion of the
Event.
C. ,'fig: 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. 2"dwenue. Oth Floor. Miami, FI 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 requirements for the Event shall be as
stipulated by the Fire Marshall and approved by the Stadium Supervisor.
D. Additionalities, Services and Equipment: User shall pay to the City, as
an Additional Charge, the prevailing fee charged by the City for any utilities (such as electricity,
air conditioning and water), or for other services provided by the City at the request of User, such
CoWSOCCERLDOC 4 Q (�
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as the services of groundsmen, technicians and other City personnel for services rendered outside
of normal City working hours, including setup and/or dismantled.
F. Cyst on i it: At least five. (5) days 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 at least three (3) days
prior to the Use Period. 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.
8, UNION REQUIREMENTS: User shall ensure compliance with all necessary
union requirements (if applicable) in connection with the personnel and services engaged for
presentation of the Event. Die City shall use its best efforts to inform User 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. PAMNG: The City shall provide and control all parking for the Event. The City
agrees that charges to the public shall not exceed the usual and customary charges for parking at
the Facility, unless otherwise agreed. All parking revenues and all parking rights shall belong to
the City. If parking revenues are less than the cost to the City of operating the parking
facility(ies) for the Event, then User shall pay to the City the difference as an Additional Charge.
10. ATTENDANCE LIMITATION: A maximum attendance of 30,000 persons will be
permitted for the Event. User represents and warrants that no more than 30,000 number of
tickets will be printed.
11. ADMISSION AND TICKETS: All entry to the Facility on the Event date(s) shall be
by ticket only, purchased at the fiill 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, if feasible, and listed on a ticket manifest.
The ticket manifest, which shall specifically state the number of tickets printed and the serial
numbers, shall be presented to the Stadium Supervisor or his/her designee at the time of
execution of this Agreement. User shall prepare a complete box office statement of all admission
tickets sold or distributed as complimentary tickets
CoKSOCCERI.DOC S ee q - 2
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City shall permit User to utilize a maximum of 1 % 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 1 % 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. •E "E OPENING TIME-, Doors shall open as advertised and as approved by the City.
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 i3WL.= ^.:a User understands and agrees that tills Agreement snail 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.
A. User has inspected the Facility and accepts it in "as -is" condition. User agrees to
tear down and remove all of User's effects immediately after the Event.
B. User agrees to surrender the Facility to the City properly cleaned and in the same
condition existing upon User's acceptance. If the Facility is not properly cleaned to the City's
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 Deposit. Any deficiency
shall be paid by User 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 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 Deposit and any deficiency
shall be paid by User 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.
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14. AUDIT AND I PECTI. ON UGHHT_S_ 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.
15. 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.
16. COARLIANCE WITH APPL.IC LE 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.
17. RUL.ES AND R� ATIO)`yTS 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 represent 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.
18. INDEMNIFICATION: Subject to the limitations of Florida Statute 768.28 User
agrees to indemnify and save harmless the City, including all the City's volunteers, agents,
officers and employees, from and against any 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.
19. 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
CoMMCCER LDOC 7
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by the User. 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.
20. 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 (where applicable): $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 be
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.
21. 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 hereunder 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.
22. CITY' T .RWNATION RIGHTS:
A. Termination for Convenience: The City shall have the right to terminate
this Agreement for convenience, in its sole discretion, upon at least 6 months written notice to
CoKSOCCERl.DOC
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User. Additionally, the City shall have the right to cancel this Agreement at any time if, in the
exercise of its reasonable discretion, the City determines that the presentation of the Event, at the
scheduled time, is not in the best interest of the City due to circumstances beyond the City's
reasonable control.
B. '%rmination 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 21 above.
C. the fights: 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 Cod, and the City decides, in its sole discretion, not to
repair or rebuild.
D. Return oft the Deposit: Except where this Agreement is terminated for
cause, 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.
23. 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.
25. ASSIGNMENT: This Agreement shall not be assigned by User, in whole or in part,
without the prior written consent of the City's, which may be withheld, or conditioned, in the
City's sole discretion.
26. 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. Notice shall be
CoKSOCCERLDOC 9
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deemed given on the day on which personally delivered; or, if by mail, on the fifth day after
being posted or the date of actual receipt, whichever is earlier.
TO USER:
P. J. Danhoff
Continental Sports Management
1 North Ocean Boulevard
Boca Raton, FL 33432
27. SiDi1'.Q'IAL RFGXJL.AT112NS:
Special Regulations:
TO THE CTIV:
Christina P. Abrams
City of Miami
Conferences, Conventions
and Public Facilities
User agrees to comply with each of the following
A. Bgverages: 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 advertisement for the Event.
B. Licensing Contract: User shall provide to the Director 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 (72) hours prior to gate opening time.
C. Restriction for _Playing ield: User agrees to restrict all vehicles from the
grass and playing field. Any exception to this restriction may only be granted by the Facility
Grounds and Turf Manager for the Facility.
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.
28. MISCELLANEOUS PROVISIONS:
A. User shall identify the City in all promotional material and press releases prepared
or issued in connection with the Event. The City shall be identified as "The City of Miami,
Florida" or "Miami.
B. User shall provide to the Director fifty (50 ) promotional tickets for the event, for
the purpose of promoting 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.
29. SUCCESSORS AND ASSIGN,&- This Agreement shall be binding upon the parties
hereto, their heirs, executors, legal representatives, successors, or assigns.
30. 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 Facilities. Any prior agreements, promises, negotiations,
or representations not expressly set forth in this Agreement are of no force or effect.
CoKS000ERLDOC
.v-r � t..: ;... s��r� r*•!�c },.u';a F't^nrr S^,!'r �* s r -rte �ra�`4f �� yrat`.
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31. COUNTE PART ; 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.
32. 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 DECEMBER 31, 1998,
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.
ATTEST:
Walter Foeman, City Clerk
CoKSOCCEP LDOC
"CITY"
CITY OF MIAMI, a municipal
corporation
Donald Warshaw, City Manager
12
"USER:'
99-- 52
Continental Sports Management
1�
FR
By:
—
Print Name:
Print Name:
i'K 5tuan
Title: Corporate Secretary
Title: President
Approved as to form and
Approved as to Insurance
Correctness
Requirements
4
Alejandro Villarello Mario Soldevilla
City Attorney Insurance Administrator