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HomeMy WebLinkAboutR-98-0881J-98-964 9/8/98 RESOLUTION NO. 9 8 + 8 8 1 A RESOLUTION ACCEPTING, IN PRINCIPLE, THE PROPOSAL OF NEXXT MILLENNIUM COMMUNICATIONS CORPORATION, ("NEXXT MILLENNIUM"), TO SPONSOR THE AMPHITHEATER AT THE MILDRED AND CLAUDE PEPPER BAYFRONT PARK ("BAYFRONT PARK"), IN A PROPOSED AMOUNT OF $801,783, PAYABLE TO THE BAYFRONT PARK MANAGEMENT TRUST (THE "TRUST") IN TEN (10) SEMIANNUAL PAYMENTS, PLUS ADDITIONAL "IN -KIND" SERVICES AND INCOME AS HEREIN SPECIFIED; AUTHORIZING THE EXECUTIVE DIRECTOR OF THE TRUST TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH NEXXT MILLENNIUM FOR SAID PURPOSE. WHEREAS, Section 38-102 of the Code of the City of Miami, Florida, as amended (the "Code"), provides that the Bayfront Park Management Trust (the "Trust"), an agency and instrumentality of the City of Miami, shall operate the Mildred and Claude Pepper Bayfront Park ("Bayfront Park") for the purpose of ensuring maximum community utilization and enjoyment; and WHEREAS, Section 38-107 of the Code provides that the Trust shall utilize and encourage the fullest and most active participation and cooperation of private enterprise; and WHEREAS, Section 38-112 of the Code provides that the Trust shall actively solicit financial support from private business 5EP 0 8 1998 Reedutjm NO. 98- 881 and other governmental agencies; and WHEREAS, the Trust issued a Request for Proposals seeking a corporate sponsor to support programs for the Bayfront Park Amphitheater ("Amphitheater"); and WHEREAS, Nexxt Millennium submitted an acceptable proposal to the Trust prior to the August 18, 1998, 12:00 Noon deadline; and WHEREAS, under the terms of the proposal, Nexxt Millennium shall pay the Trust a total of $801,783, payable in ten (10) semiannual payments, plus additional "in -kind" services; and WHEREAS, under the terms of the proposal, Nexxt Millennium will have no operational responsibilities for the Park or Amphitheater, and the Amphitheater shall be named the "Nexxt Millennium Amphitheater" and said name shall be used in all promotional materials, radio and television advertisements; and WHEREAS, under the terms of the proposal, Nexxt Millennium shall have the right to host up to five (5) events per year at the Amphitheater, subject to Nexxt Millennium paying all incremental costs, such as park staff, electrician, cleaning contractor, police, fire, insurance, and all production costs for said stated activities; and WHEREAS, under the terms of the proposal, Nexxt Millennium shall have no control, influence, or other editorial authority as to the type, quantity and quality of shows, productions, concerts, festivals, or other gatherings at the Amphitheater or Park which have been approved by the City Commission, City - 2 - 98- 881 Manager, Trust, or Executive Director of the Trust ("Executive Director"); 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 proposal of Nexxt Millennium Communications Corporation to sponsor the Amphitheater at the Mildred and Claude Pepper Bayfront Park ( "Bayfront Park") , in a proposed amount of $801,783, payable to the Bayfront Park Management Trust ("Trust") in ten (10) semiannual payments, plus additional "in -kind" services and income, such as shows and ongoing advertisements to promote the Amphitheater in the City, is hereby accepted, in principle. Section 3. The Executive Director of the Trust is hereby authorizedll to execute an agreement, in a form acceptable to the City Attorney, with Nexxt Millennium for said purpose. Section 4. This Resolution shall become effective 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. 3 - 98-- 881 immediately upon its adoption and signature of the Mayor2-/. PASSED AND ADOPTED this 8th day of Se=temher , 1998. JOE CAROLLO, MAYOR Ir accordance with Miami Code Sec. 2-36, since the Mayor did not indicate appre—t of this legislation by signing it in the designated place provided, c, i ? legislat 3 ;vl beco--os effective with the elapse of ten (10) day_ s fr the date of Comml 'cn action regarding same, without the Mayor exercising ATTEST: Walt aeman, City Clerk WALTER J. FOEMAN CITY CLERK APPROVED A.,S/1O) F0,W4'AND CORRECTNESS :tk/ CITY W29'12 : CSK: 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. 4 -