HomeMy WebLinkAboutR-99-0904J-99-982
11,/15/99
RESOLUTION NO.
CID
9- 904
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENT(S), RELATED TO A CONCERT
PERFORMANCE OF METALLICA TO BE PRESENTED BY
FANTASMA PRODUCTIONS, INC. ON DECEMBER 27,
1999, AT THE ORANGE BOWL STADIUM; AUTHORIZING
THE USER FEE TO BE CAPPED AT THE AMOUNT OF
$25,000 FOR SAID EVENT; AUTHORIZING THE CITY
MANAGER TO EXECUTE A USE AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH
FANTASMA PRODUCTIONS, INC. FOR SAID PURPOSE;
FURTHER CONDITIONING SAID AUTHORIZATIONS UPON
THE ORGANIZERS PAYING ALL NECESSARY COSTS OF
CITY SERVICES AND APPLICABLE FEES ASSOCIATED
WITH SAID EVENT, OBTAINING INSURANCE TO
PROTECT THE CITY IN AN AMOUNT AS PRESCRIBED
BY THE CITY MANAGER OR HIS DESIGNEE, 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 fee for the use of the Orange Bowl
Stadium is hereby authorized to be capped at the amount of
$25,000 for the presentation of a concert performance of
Metallica to be presented by Fantasma Productions, Inc. on
ATTACHIM E T
C0��TA 11�lE
ii:' 'i'd A d � Yl E.
CITY COMUSSION
KEETING OF
NOV 161999
Resolution No.
01,
December 27, 1999.
W.
Section 2. The City Manager is hereby authorizedll to
execute an agreement, in substantially the attached form, with
Fantasma Productions, Inc. for said purpose.
Section 3. The herein authorizations are hereby
conditioned upon the organizers paying all necessary costs of
City services and applicable fees associated with said event,
obtaining insurance to protect the City in the amount as
prescribed by the City Manager or his designee, and complying
with all conditions and 'limitations as may be prescribed by the
City Manager or his designee.
Section 4. This Resolution shall become effective
�i 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.
- 2 - 09- 404
5i
immediately upon its adoption and signature of the Mayoral
PASSED AND ADOPTED this 16th day of November 1999.
JOE CAROLLO, MAYOR
accordance with Miami Godo Sec. 2.36, since the Mayor did not indicate approval of
bus legislation by signing it in the designated place provided, said legislatic ,1.11
comes effective with the elapse of ten (I0 days the date of Comm! c �n
�r,.^,acding same, without the Mayor erci ng
ATTEST:
W her J. o City Clerk
WALTER J. FOEMAN
CITY CLERK s•
TO
ATTORNEY
3942:RCL:hdb:13SS
CORRECTNESS
If the Mayor does not sign this Resolution,
effective at the end of ten calendar days from
passed and adopted. If the Mayor vetoes this
shall become effective immediately upon override
the City Commission.
- 3 -
it shall become
the date it was
Resolution, it
of the veto by
,11%05/1999 23:53 305643 ORANGE BOWL ST M
PAGE 07
USE AGREEMENT
.ORANGE BOWL 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 Fantasma Productions,
Inc., a State of Florida for profit corporation 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 eater 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 the terms
and conditions set forth in this Agreement.
L 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
hereunder.
2. PERMITTED E: User shall be permitted to enter the Facility for the purpose
of presenting a concert performance (the "Event") during the Use Period and fbr no other
purpose.
3. USE PERIQD: The Use Period ("Use Period") shall consist of the periods
for set-up and dismantling and far presentation of the Event. There shall be one (1) presentation
of the Event, on the 27th of December, 1999. The period for presentation shall comet nee at 7:00
and shall terminate at 12:00. a.m., on the day of the each Event. Unless oti:erwisc agreed
by the Stadium Supervisor, .the set-up period shall commence no earlier than 7:00 aft. five (5)
days prior to the Event period, and dismantling shall begin immediately upon the conclusion of the
Event and conclude within } seventy two (72) hours thereafter, Should User require a longer
period for Bet -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, USE U: The Use Fee shall be the sum total of the Basic Use Fes, the Ticket
Surcharge, and the Additional Charges,
A. The Basic Use Fee ("Basic Use Fee' for the use of the Facility frr the Event shall
be the greater of $15,000.00 or ten (10%) of gross admission price for the event, exclusive of
federal, state or locally unposed taxes payable upon the admission price, Basic Use Fee includes
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air conditioning during Event hours only, house lights for ordinary use and water for reasonable
purposes.
B. The Ticket Surcharge is based upon the actual, admission price, exchuhng taxes.
User shall levy and collect, on behalf of the City, a Ticket Surcharge on each paid admission. The
arnount of the surcharge shall be computed a_5 SoIlows:
Price of omission
&Mka M.
$ 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
dull be responsible for the collection of the Ticket Surcharge, which shall be held by Utter 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 her6L
C. In addition to the foregoing, the User shall pay the Additional Charges
("Additional Charges"), which shall include payment of additional.ervices, 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. PM-0 HL. Upon execution of this Agreement, and as a condition of its
effectiveness, User shall deliver to the City a deposit, in the amount of $l 5,000, to be held by the
City throughout the -Use Period. The Deposit shall secure USER's performarc;, under this
Agreement and fill payment of all amounts due hereunder, including the cost of any damage
repairs, replacement or restoration, payment of any Additional Charges, oi- to dzf--y am/ other
unusual but reasonable expenses borne by the City as a consequence of presentation of Event. The
City shall return the Deposit, or the unexpended portion thereof, to the User upon full satisibction
of all of USER's obligations hereunder.
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6. F_ORM Of PAYMENT: All payments from 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.
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 cervices, required in
connection therewith, which include:
A. Event Personnel: User shall furnish, at its sole expense, the Event Personnel
("Event PcrsonncF% which includes ticket sellers, ticket takers, ushering staff, stagehands,
spotlight operators, musicians, projectionists, box office personnel, instaL�.ation 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
proper employee records and for the issuance of W-2 and 1 G99 statements for tax purposes, in
accordance with fiederal, state and/or local laws.
H. * Police:.. User shall be responsible for payment of poLce services required fur
the Event. The Stadium Supervisor, after full discussion with the User c-oncerning the type of
t
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 contrcl, 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 requirennents, including an
estimate of the number of security personnel required, the estimated hours of wort: nrd applicable
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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 nmy 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 conellInion of the
Event.
C. Eire: 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°Q AyPuue 1Oth F o r, iami Fl iz130. Similarly,
not later than ten (10) days prior to the comm=cement of the Use Period User shall obtain and
deliver to the Director an Assembly Permit, and such other pernnits 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 . Additional �itillti�, Servic93 and EaHiament: User shall pay to the City, as
any Additional Charge, -the prevailing fee charged by the City for any utilities (such as eleetrici ,
tY
air conditioning and water), or for other services provided by the City at the request of User, such
as the services of groundsmen, technicians and other City personnel for services remdered outside
of normal City working hours, including setup and/or dismantled.
E. Cost Cgnfirmation: 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 samrmay chLnac in accordance with
the provisions of this Agreement.
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8. UNION_RE M ENTS: User shall ensure compliance with all
necessary union requirements (if applicable) in connection with the personnel and services
engaged for presentation of the Event. The City shall use its best efforts to informs User of the
terms of any trade or employee union agreement, written or oral, affecting all rclevant personnel
or services used in connection with the Event.
9. P&MING: 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 far
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 LIM ATION: A maximum attendance of 70,000 persons
will be permitted for each Event. User represents and warrants that no more than 70,000 number
of tickets will be printed.
11. A.DMISSION AND TICKETS: All entry to the Facility on the Event date(s)
shall be by ticket only, purchased at the lull ticket price established by the User, except for
t
chVloyees 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 wrial
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
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 valu!� equal to tix a,.mrttge
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.
t
12. GATE OP_ E_ N_ ING TIMX: Doors s1uff1 open as adverti.wd and as approved by
the City and must be coordinated with USER. All tickets and advertising shall indicate opening
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titre. The City reserves the right to change or adjust the door opening time as it deems
appropriate based on crowd control conditions.
13. C0NrJSS1!2N RIGHTS:
A. Food and gvera¢ea: User understands and agrees that this Agreement
shall not grant to the User any concession tights, 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. 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
areas and USER's staff as it deems necessary,
B. SoaveAii : The City will grant to the USER the merchandising rights to
sell programs, novelties and other items limited to T-shirts, buttons, hats, other apparel, records,
tapes, photographs referring to the concert. USER agrees to pay to the City 30% of gross
merchandise revenues plus State of Florida use tax based on fee paid to City.
14. CONDITION OF FACIILITY/REMOVAG OF USER'S EFFECTS:
A. User has inspected the Facility and accepts it 41 "as -is" condition. User agrees to
tear down and remove all of USER's effects imncdiatcly after the Event.
B. User agrees to surrender the Facility to the City properly cleaned and in the sannc
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 except nornial wear and tear.
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 grour_ds 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 havc the right to enter upon the Facility at any time during the Use
Period as it deems necessary.
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is. AUDIT AND JISPECTIdN R1fjHTS: 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.
16. PU ZC 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.
17. CQMPLUATCE 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.
18. KULES AND REGULATIONS FOR THE FACILITY• By execution of this
Agreement, User acknowledges that it has received and fully understands the "Rules and
Regulations fir 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, nde and regulation set out therein.
19. INDEMNIFICATION• 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
Aft, 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 fiuther inde;7mifie3 the City as to all
liabilities, costs and expenses, including legal fees and costs, at all levels, incurred in the defence
and/or investigation of any such claims. CITY agrees to indemnify USER for CITY's own
negligence, subject to all limitations and restriction provided under Florida Law,
20. RISK Q)~ LQSS: User understands and agrees that the City shrill Lot be liable
for any loss, injury or damage to any personal property or equipment brought into t} e Facility by
User or anyone whomsoever, during the time that the Facility is under the control of, or occupied
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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 wbenever 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. Except
employees under control of CITY for negligence cause by same.
21. INSURANCE: User shall obtain, at USER's expemr, 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 (wbere 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.
12.. DEFAULT: If User fails to comply with any term or condition of this
Agreement, or fails'jt 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, rosy immediately, upon written notice to User, terminate this Agrezment whereupon all
deposits, payments, advances, or other compensation paid by the User to the City shall be retained
by the City.
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23. !CITY'S TERMINATION RIFTS:
A. Termination for Convenience: The City shall have the right to terminate this
Aunt for convenience, in its sole discretion, upon at least 6 months written notice to 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. Tstminataon for CaPgg_ 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
descnlxd in Section 22 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 tire,
r
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. Retarn of the DeRosit• 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.
24. NONDISC I_MiNATION• User represents and warrants to the City that Userx
does not and will not en
BaBe 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, 3`,
color, sex o
relig i'Kz
n, age, handicap, marital status or national origin. User further covenants that lz
no individual shall, solely by reason of his/her race, color, sex, religion, age, hamdirap, marital t °'
status or national orj,gin, be excluded from participation in, be denied services, or lh subject to
discrimination in conisaction with the use of the Facility under this Agreement.
25. ASSICNMENT: 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,
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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 deemed given on the day on which personally delivered; or, if by snail, on the fifth day
after being posted or the date of actual receipt, whichever is earlier.
TO USE TO THE CITY:
Jonathan Stoll, President Christina P. Abrams
Fantasma Production, Inc. City of Miami
2000 S. Dixie Highway Conferences, Conventions
West Palm Beach, FL 33401-7714 and Public Facilities
27. SPECIAL REGULATIONS; User agrees to comply with each of the following
Special Regulations:
A. Bcvera&M: There shall be no bottles or cans of any sort brought into the
Fw!V 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.
R. Licensing Contr ct-. 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
copycighted 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 sball have the right to cancel any event for which it has not received the corresponding
licensing ddcuments-a feast seventy (72) hours prior to gate opening time.
C. Restriction for Plaviag Field: User agrees to restrict all velucl.es from the
grass and playing field except as may be necessary for presentation of the event. In such case,
USER shall obtain the consent of the Facility Grounds and Turf Manager for the Facility, which
shall not be unreasonably withheld. User agrees to protect the field at all times before, during,
and after the show. Further, USER shall be responsible for any repairs or replacements needed as
a result of USER's actions under this section.
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D. M10io License: User shall obtain a copy of the blanket BNU and/or ASCAP
license in connection with the Event. User represents and warrants that all BNH 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. MISCEL EO S 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' MiaML
B. User shall provide to the Director one hundred (100) 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 umnodified and in full
force and effect or limitation of its use.
G. This -A' greement constitutes the sole and entire agreement between the parties
hereto. No modification or amendment hereto shall be valid unless in venting and executed by
property authorized representatives of the parties hereto.
29. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon tl-x
parties hereto, their heirs, executors, legal representatives, successors, or assigns.
30. NTVRE A REEMENT: This instrument, together with its attachments and
all other instruments incorporated herein by reference, constitute the sole and only agreement of
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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.
31. 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 cowtitute one and the smm 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 NOVEMBER 15, 1999,
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 instrunumt to be
executed by their respective officials thereunto duly authorized, this the day and year above
writteo.
ATTEST:
Walter Foeman, City Clerk
CoM;CONCERT.DOC
"CITY"
CITY OF MIAMI, a municipal
corporation
12
S9- N4
I
11/05/1999 23:53 305643
t
Print Nance: -
Title: Corporate Secretary
Approved as to form and
Correctness
Alejandro Villarello
City Attorney
COWONCHRT.AOC
ORANGE BOWL STAC PAGE 19
"USER"
Fanumna Productions, Inc.,
a State of Florida profit corporation
By:
Print Name: Jonathan Stoll
Title: President
Approved as to Insurance
Requirements
Mario Soldevilla
Insurance Administrator
13
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
Honorable Mayor and Members
of the City Commission
AJoeSanc z i
Commis * ner
n
r)-' November 16, 1998 BILE
SUBJECT Pocket Item
REFERENCES
ENCLOSURES
Attached please find a resolution establishing a cap of $25,000 as the Use Fee for the use
of the Orange Bowl Stadium for the presentation of a Metallica Concert, which will be
held on December 28, 1999.
The Department of Conferences, Conventions & Public Facilities recommends the Use
Fee to be capped at $25,000 in order to secure the event at the Orange Bowl Stadium.
The City will receive a Ticket Surcharge and retain all revenues from food and beverages
and parking, in addition to 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 $300,000.
JS/lda
( 19- 904
rug,, MIS-
,
.
2a fi r 'F
NOV-0ta-99 10:38 PROM:MIAMI CONVENTION CENTER ID:3053722919
' PAGE 2/ 1 7
CITY OF MIAMI, FLORIDA
INTEROFFICE MEMORANDUM
ro : Donald H. Warshaw DATE; November 9, 1999 FILE:
City Manager
SUBJECT: Resolution Establishing Cap for Use
of Orange Bowl Stadium, by Fantasma
PAC Productions on December 27, 1999
Christina P. Abrams, DirWor REFERENCE
Conferences, Conventions and -Public Facilities ENCLOSURES:
Attached for inclusion on the NOVbmber 16, 1999 City Commission Meeting is a Resolution
establishing a cap of $25,000 as the Use Fee for the presentation of a Metallica Concert on
DecelnberX 1999 at the Orange Bowl Stadium.
The Department of Conferences, Conventions and Public Facilities recommends the Use Fee be
capped at $25,000 in order to secure the event at the Orange Bowl Stadium. The organizers of ths
event have held previous successful concerts at the Orange Bowl, and have exi
pressed their desire
hold more events of this caliber in the future at our facility.to
The City will receive a Ticket Surcharge and retain all revenues from food and beverages, and
parking, in addition to the Use. Fee. The event organizers will pay for all 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 $300,000.
Attachments
RM/CPA/iG/yp
c: Maria Chiaro, Assistant City Attorney
lElvi Gallastegui-Alonso, Agenda Coordinator
Yew' Buice, Asst. Director, Conferences, Conventions & Public Facilities
lleana Gomez, Asst. Stadium Manager, Orange Bowl Stadium
v9- 904
NOV-09-99 10,37 FROM:MIAMI CONVENTION CENTER 10,3053722919 PACE 3/17
t
" CITY OF MIAMI, FLORIDA <
INTER -OFFICE MEMORANDUM
TO- The Honorable Mayor and DATE FILE
Members of the City Commission
SUBJECT': Resolution Establishing a Cap for Use
of Orange Bowl Stadium by Fantasma
Productions on December 27, 1999
FROM: DonaldH. Warshaw REFERENCES'
City Manager ENCLOSURES:
RECOMMENDATION:
It is respectiwlly recommended that the City Commission adopt the attached Ordinance Resolution
establishing a cap of $25,000 as the Use Fee to present a Metallica concert at the Orange Bowl
Stadium on December 27, 1999.
13ACICGI0 ND:
The Department of Conferences, Conventions and Public Facilities recommends the Use Fee be
capped at $25,000 in order to secure this event at the Orange Bowl Stadium. In the past, Fantasma
Productions, Inc. have presented successful concerts at the Grange Bowl,
The City will receive a Ticket Surcharge and retain all revenues from food and beverages, and
parking, in addition to the Use Fee. The event organizers will pay for all 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 $300,000.
DHWaJPA/IC/yp
� - 904