HomeMy WebLinkAboutR-99-0991J-99-1063
12/17/99
RESOLUTION NO . I 9 91,
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO ENTER INTO AN AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH COCONUT
GROVE CARES, INC, FOR THE PRESENTATION OF AN
ANTIQUE AND JEWELRY SHOW TO BE HELD AT THE
COCONUT GROVE CONVENTION CENTER ON
JANUARY 19-24, 2000, SUBJECT TO TERMS AND
CONDITIONS AS SET FORTH IN THE AGREEMENT,
WHICH INCLUDES AUTHORIZATION FOR A FEE
REDUCTION FOR USE OF THE COCONUT GROVE
CONVENTION CENTER.
WHEREAS, Coconut Grove Cares, Inc., entered into a Use
Agreement with the City of Miami ("City") on August 16, 1993, for
the purpose of presenting Antique and Jewelry Shows in the
Coconut Grove Convention Center until the year ending
December 31, 2000; and
WHEREAS, one of the conditions of the Use Agreement requires
that the City not grant a similar show the use of the Convention
Center within a twenty-one day period before or after the Coconut
Grove Cares Antique and Jewelry Show; and
WHEREAS, Gemshows, Inc. entered into a Use Agreement with
the City of Miami on April 13, 1994, for the presentation of
Antique Shows in the Coconut Grove Convention Center until the
year ending 2003; and
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I;T:'HG OF
DEC 1 7 1999
Rajolutiou No.
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WHEREAS, Gemshows, Inc. under its Use Agreement, agreed to
present its D.S. Clark Antique Show at the Coconut Grove
Convention Center on January 26-30, 2000; and
WHEREAS, Gemshows, Inc. has requested the show dates of
January 19-24, 2000, one week prior to its agreed upon dates with
the City; and
WHEREAS, the show dates requested are within 21 days of the
Coconut Grove Cares, Inc. Antique and Jewelry Show; and
WHEREAS, the City of Miami recognizes that the Coconut Grove
Cares Antique and Jewelry Shows provide essential funding for its
social service programs benefiting low income residents of the
City; and
WHEREAS, the City of Miami acknowledges that Coconut Grove
Cares Antique and Jewelry Show, as a tenant of the Coconut Grove
Convention Center, provides $125,000 in revenues annually to the
City of Miami; and
WHEREAS, the City of Miami wishes to grant Gemshows, Inc.
the show dates requested since this event brings visitors to
Miami from around the world, thereby increasing hotel room
rentals, and providing an economic benefit to the community; and
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WHEREAS, Coconut Grove Cares, Inc. has agreed to waive the
twenty-one (21) day provision and to other terms and conditions
as set forth in the attached agreement with the City;
NOW, THEREFORE, 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.
Section 2. The City Manager is hereby authorized" to
execute an agreement, in substantially the attached form, with
Coconut Grove Cares, Inc. for the presentation of an antique and
jewelry show to be held at the Coconut Grove Convention Center on
January 19-24, 2000, subject to terms and conditions as set forth
in the agreement, which includes authorization for a fee
reduction for use of the Coconut Grove Convention Center.
1� 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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Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.4/
PASSED AND ADOPTED this 17th day of December--, 1999•
ATTEST:
WALTER J.
CITY CL
APP VED
JOE CAROLLO, MAYOR
In accordance with Miami G ;yen. 2-36. since the Mayer did not ind?cats Gnnmll^I of
this legislation by signing i? in the designated p„c provided, s'F:1 ' j:'
becomes effective with the el.ar.sc of ten (10) days imrr th--, c tc c ".:: ;; ;c,, or
regarding same, without the Mayor exer ' ' a veto.
r . Foeman, City Clerk
TO/FORM A,0 CORRECTNESS V
Cl-TYK ATTORNEY
4019:RCL:hdb:BSS
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 4 of 4�
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AGREEMENT
This Agreement is made and entered into this day of , 1999 by
and among Coconut Grove Cares, Inc., a state of Florida not -for -profit corporation,
Gemshows, Inc, a Delaware for profit corporation, and the City of Miami, a municipal
corporation of the State of Florida, for the use of the Coconut Grove Convention Center.
RECITALS
A. Coconut Grove Cares, Inc., entered into a Use Agreement with the City of Miami on
August 16, 1993 for the purpose of presenting Antique and Jewelry Shows in the Coconut Grove
Convention Center until the year ending December 31, 2000.
B. Under that Use Agreement the City of Miami agreed not to schedule a similar show
within the twenty-one (21) day period before or after Coconut Grove Cares Antique and Jewelry
Show.
C. Gemshows, Inc. (D.S. Clark Antique Show) entered into a Use Agreement with the City
of Miami on April 13, 1994 for the presentation of Antique Shows in the Coconut Grove
Convention Center until the year ending 2003.
D. Gemshows, Inc. under that Use Agreement agreed to use the Coconut Grove Center for
its show on January 26-30, 2000.
E. Gemshows, Inc. has requested from the City of Miami the show dates from January 19-
24, 2000, one week prior to its agreed upon dates with the City.
F. The show dates requested are within 21 days of the Coconut Grove Cares, Inc. Antique
and Jewelry Show.
G. Coconut Grove Cares has agreed to waive the 21-day provision for the Gemshows, Inc.
presentation of the D.S. Clark Antique Show for the show dates of January 19-24, 2000.
NOW, THEREFORE, in consideration of the covenants and agreements herein set forth
and other good and lawful consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties hereto, intending to be legally bound, agree as follows:
1. The foregoing recitals are true and correct and are hereby incorporated in this Agreement
by reference.
2. The City of Miami agrees to a reduction in the fees for Coconut Grove Cares' use of the
Coconut Grove Convention Center for one event by fifty (50%) percent, in an amount not to
exceed Five Thousand, Five Hundred Dollars ($5,500.00).
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3. Coconut Grove Cares, Inc. and Gemshows, Inc. agree to waive any cause of action
against the City of Miami related to the change of date for the Gemshows Inc., Antique Show
from January 26-30, 2000 to January 19-24, 2000.
4. The D.S. Clarke Antique and Jewelry Show agrees to make payment by cashier's check
upon execution of this Agreement to Coconut Grove Cares in the amount of $10,000, and agrees
to waive the 21-day provision of the Use Agreement for one event for Coconut Grove Cares, Inc.
5. In consideration of the above, all parties to this Agreement hereby and forever release,
discharge and waive all claims in law or equity based on contract or tort or any other legal theory
filed by any of the parties hereto or their successors, assigns, employees, agents or the like,
arising from this scheduling of the D.S. Clarke Antique Show and/or Gemshows, Inc. of January
19 through January 24, 2000.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date set
forth above.
ATTEST:
Coconut Grove Cares, Inc., a State of
Florida not for profit corporation
Executive Director
President
ATTEST:
Gemshows, Inc., a Delaware for
profit corporation located at
P. U. Box 186, Jericho, New York 11753
President
City of Miami, a Municipal Corporation
of the State of Florida
Walter Foeman, City Clerk Donald H. Warshaw, City Manager
Approved as to Departmental Requirements:
Christina P. Abrams, Director
Dept. of Conferences, Conventions & Public Facilities
Approved as to Form and Correctness:
Alejandro Vilarello, City Attorney
INTEM; ;;=FICA 1111E%109ANDUM
The Honorable Mayor
and M bers of the City Commission
onald H. Warshaw
City Manager
DEC - 6 1999
Resolution Authorizing the Reduction
of Fees for the Use of the Coconut Grove
Convention Center
RECOMMENDATION
It is respectfully recommended that the City Commission adopt the enclosed Resolution approving a
fifty percent (50%) reduction of fees for the use of the Coconut Grove Convention. for one event by
Coconut Grove Cares, Inc., under certain terns and conditions.
BACKGROUND
Coconut Grove Cares, Inc., a not -for -profit -corporation, entered into a Use Agreement with the City
of Miami on August 16, 1993 for the use of the Coconut Grove Convention Center. One of the
conditions to the Agreement is that the City will not grant a similar show the use of the Coconut
Grove Convention Center within twenty-one (21) days of the Antique and Jewelry Show.
Gemshows, Inc. requested certain show dates at the Coconut Grove Convention Center for
presentation of the D.S. Clark Antique Show that are within twenty-one (21) days of the Coconut
Grove Cares event.
The Department of Conferences, Conventions & Public Facilities wishes to grant Gemshows, Inc.
the dates requested since this event attracts visitors from around the world and is an economic
benefit to the community. The total revenues that the City receives from this event are
approximately $65,000.
Coconut Grove Cares, Inc. has agreed to waive the twenty-one (21) day provision of the Agreement
under the following conditions:
1. Gemshows, Inc. agrees to make payment to Coconut Grove Cares in the amount of
$10,000 and agrees to waive the 21-day provision for one event for the Antique and
Jewelry Show.
2. The City of Miami agrees to reduce the fees charged to Coconut Grove Cares by 50%,
such fee reduction in an amount not to exceed $5,500, for the use of the Coconut Grove
Convention Center for presentation of its Antique and Jewelry Show.
Further, in exchange for this consideration, Coconut Grove Cares and Gemshows, Inc. agree to
waive any cause of action against the City of Miami related to the scheduling of the D. S. Clark
Antique Show.
DH W/RM/CPA
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