Loading...
HomeMy WebLinkAboutR-94-0380I J-94-450 5/16/94 RESOLUTION NO. 9 4- 380 A RESOLUTION, WITH ATTACHMENT, ESTABLISHING SPECIAL CHARGES, TERMS AND CONDITIONS FOR THE USE OF THE ORANGE BOWL STADIUM BY FANTASMA PRODUCTIONS, INC., FOR THE PRESENTATION OF A CONCERT AT SAID STADIUM ON JULY 24, 1994; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND FANTASMA PRODUCTIONS, INC., FOR THIS PURPOSE, SUBJECT TO THE ORGANIZERS OBTAINING INSURANCE TO PROTECT THE CITY IN AN AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE. WHEREAS, the Department of Conferences, Conventions, and Public Facilities is responsible for the operation of the Orange Bowl Stadium and seeks to secure the presentation of various events at said facility; and WHEREAS, Fantasma Productions, Inc., has offered to present a concert featuring internationally known recording artists at the Orange Bowl Stadium for the scheduled date of July 24, 1994; and WHEREAS, the Director of the Department of Conferences, Conventions and Public Facilities and the City Manager have determined that modifications to the standard use charges, terms and conditions as specified in the City Code are appropriate for said event and recommend approval of same; and 7 7, T Y'AV` 1 CITY COMMISSIO3l MEETING OF J U N 0 9 1994 "j l eoolut 3 8 o WHEREAS, said user has agreed to pay a use fee of $25,000 and all applicable surcharges, and will cover all stadium personnel and operating expenses for the event; and WHEREAS, the Department of Conferences, Conventions and Public Facilities has prepared an agreement for the City Manager's signature which delineates the various charges, terms and conditions for said use; and WHEREAS, the modified charges, terms and conditions of the proposed use will not have an adverse effect on the revenues of said facility, but will assist in seouring significant additional revenues to the City in the form of added stadium use fees, surcharge and concession revenues; and WHEREAS, Section 53-131 (C)(7) of the Code of the City of Miami, Florida, as amended, provides that the City Commission has the right to establish and fix special charges or special terms and conditions for the use of said stadium; 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 special charges, terms and conditions as set forth in the attached agreement for use of the Orange Bowl Stadium by Fantasma Productions, Inc., are hereby established for said user's presentation of a concert to be held at said facility on July 24, 1994. 14- 380 -2- Section 3. The City Manager is hereby authorized to execute an agreement, in substantially the attached form, between the City of Miami and Fantasma Productions, Inc. for said use. Section 4. The herein authorizations are hereby conditioned upon the organizers obtaining insurance to protect the City in an amount as prescribed by the City Manager or his designee. Section 5. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 9th day of June 1994. S EPHEN P. CLAIM, MAYOR ATT ST MATTY HIRAI CITY CLERK PREPARED AND APPROVED BY: RAFAEL 0. DIAZ DEPUTY CITY RNEY APPROVED AS TO FORM AND CORRECTNESS: /' �' I -': �- �' W& I oe� // 4 A . QU-YAN e?0 , III" CITY ATTO ROD:Csk:M4345 34- 380 —3— JRANGE BOWL STADIUM USE AGRE MENT BETWEEN THE CITY 0 MIAMI, FLORIDA AND FANTASMA PRODUCTIONS, INC. THIS AGREEMENT made and entered into this day of 1994, by and between the CITY OF MIAMI, a municipal corporation of the State of Florida, hereinafter referred to as the "CITY" and FANTASMA PRODUCTIONS, INC., a Florida for profit corporation, with its principal office located at 2000 S. Dixie Hwy., West Palm Beach, Florida 33401, telephone number (407) 832- 6397, hereinafter referred to as the "USER". R E C I T A L: In consideration of the covenants and agreements hereinafter set forth, the CITY does hereby grant unto the USER the privilege of entry upon or into the municipal facility of the CITY known as the Orange Bowl Stadium, hereinafter referred to as the "FACILITY", the said FACILITY to be entered upon or into for the purpose of presenting, the "EAGLES", for the period commencing at 11:00 p.m. on Monday, July 18, 1994 and terminating not later than 12:00 noon on Monday, July 2 1994. All USER effects must be cleared from the playing surface by 12:00 noon on Monday, July 25, 1994, but may be stored in the east end zone area, as approved by the Assistant Director, until 12:00 noon on Wednesday, July 27, 1994, at which time all effects shall be cleared from the premises. The period from 11:00 p.m. on July 18, 1994, through 12:00 noon on Monday, July 25, 1994, hereinafter shall be known as the "Use Period". The CITY agrees WHEN RETURNING FOR FURTHER REVIEW, PLEASE IDENTIFY AS # K_ 941dC,4 3 8 0 not to schedule any other events including, but not limited to, groups or individuals touring the Premises (as hereinafter defined) during the Use Period. The concert performance will commence at approximately 8:00 p.m. on Sunday, July 24, 1994 . USER shall mean "licensee". P EMISES 1. The Stadium and field known as the "Orange Bowl Stadium" (the "Stadium"), including access tunnels, locker rooms, restrooms, public address system, the j scoreboard, ticket booths, 4th and 6th Level Press Boxes, a function area described in Section 17 below, adjacent parking facilities, one secured room for merchandising, such ad,d'tional open space that may be used by USER for an administrative trailer, and such other facilities of. the STADIUM as authorized by the Director of Conferences, Conventions and Public Facilities, shall be herein referred to as the "Premises". 2. USER shall be entitled, at no additional cost, to the use of at least two locker rooms with their customary shower facilities on a 24-hour basis throughout the Use Period. USER must provide and pay for security. USER HEREBY COVENANTS AND AGREES: 3. To pay the City of Miami for the use of said facility: Twenty Five Thousand Dollars ($25,000.00) flat use fee for concert, plus 6.5% State of Florida use tax. A Fifteen Thousand Dollar ($15,000.00) non-refundable deposit is required anq shall apply against the said use fee. This Fifteen Fhousand Dollar deposit must be received by the Orange, Bowl Stadium Manager's office upon execution of this agreement by the second party and submittal to City. The balance of the use fee plus the 6.5% State of Florida use tax on the total use fee will be paid at the close of the event. 4. Based upon an 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 on the admission price as follows: t -2-t 94- 380 $1.00 to $5.00 $5.01 to $15.00 $15.01 and Over $0.50 $0.75 $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. All admission tickets must be printed by a bonded printer and listed on a ticket manifest. The manifest shall be presented to the Assistant Director, and USER will prepare a complete box office statement of all admission tickets sold or distributed as complimentary tickets. USER shall record collection of the surcharge and shall list such revenue as a separate item in the statement of accounts for the event. Ticket surcharge revenue shall be paid to the CITY upon demand, and/or as soon s possible after the conclusion of the event, in accorIance with City Code provisions and the terms of this Agreement. 5. To pay the CITY, on an actual cost basis, for expenses incurred by the CITY for Police, Fire, field lights, cleanup, wrist bands, materials and event staffing services requested by USER. Such payment shall be made immediately upon the conclusion of the event and no later than 24 hours thereafter. Payments which cannot be determined until a later time shall be paid within ten (10) days of the date an invoice is submitted to USER. 6. To pay the City of Miami the cost of any repair, rehabilitation, or restoration of the field, subject to the limitations in Section 28 below. 7. All advanced sums shall be forfeited if, through the fault of USER and within one week prior to the Concert, the Concert is canc lied, except as provided in Section 41 below. 8. The CITY reserves the r'ght to remove from the STADIUM all USER effects remaining in or on the grounds of the facility after the end of the Use Period and to charge a reasonable removal and storage fee to USER, or, if such effects prevent the further use of the STADIUM, to charge storage at the expense of the USER at a rate of Five Thousand Dollars ($5,000.00) for each day or part of a day that said effects remain in or on the grounds of the STADIUM after the end of the Use Period. 9. To provide -a diagram of the proposed EVENT layout to the Office of Fire Prevention, 275 N.W. 2nd Street, Miami, F1, and obtain fire permits required by the Code of the CITY of Miami, relative to fire safety. Fire Department manpower requirements for the EVENT shall be as stipulated by the Fire Marshal and approved by the DIRECTOR or designee. The USER shall be responsible for the payment of Fire ,Department services. 10. Any matters not herein expressly provided for shall be� at the discretion of the City Manager or his designated representative, the Director of Conferences, Conventions and Public Facilities. 11 USER shall indemnify and save harmless forever the CITY, and all the CITY's agents, officers, and employees, including all police officers and staffing as specified in Sections 1' and 27 of this Agreement, from all charges or claimsany personal injury, loss of life, or damage to property, A f-era axis rre�-tgen�-aa�,- or . omi,ssor�-ox. n "QI Pc�..t__.-blr._,itself,i its ��Lj employees, agents, guests or invitees unless caused by the negligent act n of CITY or its employees® t-ka---USE.R..-shall. become. defendant in every suit brought f-or--any--of such- -causes---of-•action against the CITY or the--C-1-T-Y- ' s- - o-f-ticla-is_,_ agents--and,--employees4_—the USER shall further indemnify CITY as to all costs, attorney's fees, expens s and liabilities incurred in the defense of any such claims and the investigation thereof. (b) The CITY assumes no responsibility whatsoever for any property placed on the Premises by USER, agents, employees, guests or invitees and expressly is relieved of any and all liability for any loss, injury, theft, damage or destruction of goods, that may be sustained by reason of the use of the Premises pursuant to this � � Agreement. �-CL i (132 USER shall not discriminate as to race, sex, color,C ot-e�, handicaPAor national origin in connection with any operation under this Agreement. 13. USER shall construct the stage off the Orange Bowl football playing field and east of the east end zone. The stage shall not be set on any portion of the playing field. 14. USER shall give the CITY the option to purchase, at the Full Ticket Price, a toll of one hundred (100) tickets for the concert in sections mutually decided upon by the Stadium Manager and the USER. 15. USER shall provide the Director of Conferences, Conventions and Public Facilities, with one hundred and fifty(150) complimentary tickets for the concert for the purpose of promoting the facility for future events. CITY shall permit USER to use up to 5% of the total tickets sold for complimentary purposes. All complimentary tickets must be printed as "COMPLIMENTARY TICKETS". - 4 - 94 380 r c� La ," r-1 yGL1L That the Premises will be operated and maintained in good, clean working order and operating condition by the CITY during the Use Period, including by way of illustration and not limitation: all turnstiles, painting, utilities, elevators, heating and air conditioning equipment, lights, machinery, pipes, plumbing, wiring, electrical fittings and outlets„� 17. At the request of USER, the CITY will provide a list of facility services, building staff and other personnel required to stage the Concert, and the estimated aggregate cost thereof. 18. On the Concert Date, the CITY will provide, at no cost to USER, a function area on the Premises for pre - Concert and post -Concert buffets. All expenses with respect to the foods and beverages served at said buffets shall be paid b� USER. 19. The CITY will provide u impeded access at least 14 feet high and 20 feet wide, at no cost to USER, to the Stadium's field, for all equipment brought by USER and/or their act or acts. 20. In addition, the CITY shall comply with the following requirements: (a) The CITY shall use its best effort, to assist USER in obtaining all necessary clearances, licenses and permits for any and all building, construction, electrical, sanitary, business, sales, occupational and other permits or licenses required for staging the Concert. The cost of any such permits shall be borne by USER. (b) USER shall provide to CITY an engineered blueprint of the stage and roof structure that will be used for the event. This is necessary to obtain the required building permit. (c) USER shall have the right, at no additional cost, and subject to existing contractual obligations and to the prior consent of the CITY, which shall not be unreasonably withheld, to hang banners/posters and otherwise accord credit to any sponsor, equipment supplier or other entity involved with the specified concert tour. The USER will pay for the installation and removal of said banners/posters and any other cost related to them. (d) Control of the internal security services inside the STADIUM shall remain the responsibility of USER or their designated agent, who shall consult with the Director of Conferences, Conventions and Public Facilities. USER shall pay for said internal security service. - 5 - '%4- 380 (e) CITY represents that U ER may provide, at USER's own cost, catering service, for all tour personnel and production staff. (f) USER shall ensure compliance with all necessary union requirements (if applicable) in connection with the personnel and services engaged for presentation of this concert. The CITY shall use its best effort to inform USER of the terms of any trade union agreement, written or oral, affecting all relevant personnel or services 11� used in connection with the Concert, and shall assist --- USER in complying with such agreements. ((g) ! All entry to the Premises, including any press boxes,1 and other viewing areas, on the Concert Date shall be by ticket only, purchased at the Full Ticket Price, except for employees of USER and CITY actually working' at the Concert who have received passes issued by USER,4 4 and except as otherwise provided by this Agreement. (h) Access to the backstage areas throughout the Use Period shall be under the cont�ol of USER, to be exercised in a reasonable manner. he CITY shall ensure that no operations of the .STADIUM within its control shall interfere with the successful production and presentation of the Concert. The CITY will inform, in writing, the relevant vendors and concessionaires of this limitation on their access to such areas. (i) Control over the number and location of house photographers and general press photographers throughout the Use Period shall remain with USER. (j) USER shall be permitted to use such trucks and forklifts on the STADIUM's field, as authorized by the Assistant Director of Conferences, Conventions and Public Facilities, for the successful production and presentation of the Concert, in accordance with guidelines established in consultation with the Assistant Director of Conferences, Conventions and Public Facilities, in�=ge ing, but not limited to, procedures to minimize to the field. (k) The CITY will provide wo house radios (if available) at no cost to USER for use by USER's production and security staff during the Use Period. Any additional radios will be assessed a cost. USER shall assume costs for said radios if they are damaged or not returned immediately after event. (1) The CITY will provide adequate access to the field seating areas for patrons at no additional cost to USER. (m) The CITY will provide USER with up to 70 police barricades for use during the Use Period, if required. 21. The CITY shall provide USER, at no additional charge, for USER's use, the existing electric power services at the Orange Bowl during the Use Period. 94- 380 22. The CITY will use its b�st efforts to prohibit resale, counterfeiting and "scalping" of tickets for the Concert on the premises: The tickets that the CITY is entitled to purchase pursuant to Section 14 above shall be purchased at the Full Ticket Price, may not be resold at a price in excess of the Full Ticket Price, and may not be used in any promotional program or sold or given to any ticket brokers or agents without the prior written permission of USER. 23. The CITY will use its best efforts to ensure that no cameras, recording devices, cans, bottles, glass containers, banners, fireworks, weapons or other objects that may be used as missiles, are allowed in the Premises. 24. The CITY will have an authorized representative with decision making authority from the Department of Conferences, Conventions and Public Facilities available at all times throughout the Use Period for consultation with USER, 25. USER shall provide a eating plan prior to the Use Period, for approval by the Director of Conferences, Conventions and Public Facilities and the requisite public safety officials, whose approval shall not be unreasonably withheld. 26. The CITY will permit USER and its authorized vendors to erect novelty sales tables on the concourse, outside the Stadium near the entry gates and on the field subject to approval by the Fire Marshal and the Director of Conferences, Conventions and Public Facilities Department. THE PARTIES HEREBY MUTUALLY COVENANT AND AGREE: 7 27. The USER will ptovd6 all City of Miami police required to secure the outside of the stadium, before, during, and after the event an all City of Miami Police for Traffic Control before and after the event. Police shall be paid by USER. CITY of Miami police will handle all arrests where required or requested at the event. 28. That the following additional provisions shall be adhered to: (a) USER shall obtain and maintain in force for the length of this Agreement, general liability insurance on a Comprehensive General Liability form or an equivalent policy form with at least a Combined Single Limit of $2,000,000 ' per occurrence for bodily injury and property damage liability. In addition to premises and operations coverage, the policy or policies utilized shall be extended to include products and completed operations coverage, personal injury liability coverage and contractual liability coverage sufficient to cover -7-� 34- 380 the liabilities assumed lin this Agreement. The City of Miami is to be named s "Additional Insured" on all policies, as supplied by USER's insurance certificate. The Department Conferences, of Conventions and Public Facilities. 1501 N.W. 3rd Street, Miami Florida 33125 (305) 643-7100 requires a certified cogv of said policy as soon ag possible. Any questions regarding insurance should be directed to Mario Soldavilla, Asst. Director, City of Miami Risk Management Division, Dupont Plaza, 300 Biscayne Way, Suite 328, Miami, Florida, telephone 579-6058. The intent of this Section is that USER provide primary insurance protection to the CITY in the event of any loss arising out of perils or hazards covered by the required policy or policies. I ---- __-�� ( b ) The CITY shall furnish, at (no co to USER, its normal and customary event parking spaces for the public, limited by the fulfillment of CITY's obligations C pursuant to subparagra (e) of this section, and adequate pLs-fs-amre1---tfl-�'•. an such parking facilities, at locations convenient.tb—the Premises. N(c) The CITY shall provide, immediately adjacent to the ti�� j ;tiff STADIUM, 37,000 square feet of the E -1 Parking Lot, at no additional cost to USER. This parking lot can be utilized for the landing of the USER's helicopter. If USER decides to utilize said portion of the E-1 Parking Lot, USER will be responsible for security of same. (d) The CITY warrants and represents that it shall arrange for and implement its customary parking and traffic plan for events of this size and nature and will be solely responsible for the costs of such arrangement and implementation. (e) The CITY agrees that charges to the pub..lic_..for parking on its property sha-11 not exceed the usual and customary charges for such parking. The CITY shall be entitled to 100% of all gross receipts from parking charges. Parking charges for this event will be $10.00, comparative to a. major college football game. (f) USER will provide and install all staging and props, including special lighting, etc., at its own expense. (g) CITY agrees to provide, at its own expense, portable toilet facilities for designated field and operations areas in a number to be reasonable determined by Director of Conferences, Conventions and Public Facilities for use prior to, during and after event. (h) USER agrees to include in all advertising for the Concert in. the facility that bottles, cans, glass containers, weapons, banners, fireworks, cameras and recording devices may not be brought into the facility. (i) Ticket sellers, takers and ushers are the responsibility of USER. - 8( - 94- 380 (j) USER agrees to tear Aded. ownA its equipment immediately after the Concert has (k) A maximum attendance of 80,000 (including field and stadium seats) will be permitted. Ten thousand (10,000) reserved field tickets may be printed and sold, and no more than ten thousand (10,000) persons shall be permitted on field. USER shall supply ample security to maintain this limit. (1) Gates shall be opened three (3) hours prior to show time. All advertising shall indicate gate opening time. The Director/and or Assistant Director of Conferences, Conventions and Public Facilities reserves the right to open gates or adjust gate opening time as he deems appropriate based on crowd control and conditions, after consultation with the USER. (m) The CITY has all concession rights for food and beverages and has contracted for the operation of the concessions for the sale of all food and beverages sold at the Premises. Priqes shall not be in excess of those customarily chargled at the Premises. The CITY will use its best efforts to prohibit food or beverage hawkers on the field after 8:00 p.m. The City reserves the right to sell alcoholic beverages as long as it is not in violation of the City Code. (n) 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, and photographs. As compensation for the grant of said privilege, USER agrees to pay to the CITY twenty-five per cent (25%) of gross sales sold plus 6.5% State of Florida sales tax based on fee paid to CITY. (o) The CITY will use its best efforts to prohibit the unauthorized sale or distribution on the Premises of novelties or other items not licensed by the EAGLES. (p) USER agrees that it has no food or beverage concession rights during the duraton of this Agreement. (q) USER will provide to th'CITY a copy of the blanket BMI and/or ASCAP license which it has obtained in connection with the EAGLES concert. USER represents and warrants that all BMI and 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 thereto. 29. USER agrees to leave $50,000 deposit with the City for a period of 24 hours after the conclusion of the concert as a deposit against damages to the playing surface. Within the 24 hour period immediately following the concert, USER and the Director of Conferences, Conventions and Public Facilities, or his designee, will inspect the playing surface for said - 9 - 14- 380 damage. If damage is �ound, the City will retain the above mentioned deposit until all field repairs are completed. 30. CITY agrees to install and remove, at its expense, a geotextile field covering to cover the entire grass surface area of the playing field. The field covering will be put in place prior to the concert date and will be immediately removed at the end of the concert date. The installation of said covering shall be coordinated with the Grounds and Turf Manager of Conferences, Conventions and Public Facilities. 31. USER shall supply and distribute wrist bands to all field ticket holders. If CITY supplies said wrist bands, USER will be responsible for this cost. 32. USER shall be responsible for the chair rental of all i� field and box seating and the CITY shall be responsible for the set up and take down of said chairs. ,33. Setup and installation as provided in Section 30 above shall not exceed 80 . Jhours prior to the concert. ''Section Removal as provided in 30 shall not exceed 24 amours after the end -of the concert. 34. The Base Ticket Price to the Concert shall not exceed �)Q\T.1;` $85.50, $50.50 and $35.50 per person, inclusive of all applicable taxes. The Base Ticket Price plus the City u of Miami surcharge, referenced in Section 4 herein, shall equal the Full Ticket Price. Applicable ticket outlet service charge(s) may be added to the Full Ticket Price. 35. The CITY shall have no interest or right with respect to any ancillary rights or assets arising out of the concert, including, without limitation, any motion picture, radio or television broadcasting rights, any merchandising rights or any corporate sponsorship. During the Use Period, the CITY shall permit USER to enter the Premises and conduct any ancillary rights activities at no cost,• including without limitation, cording or similar activities any filming, taping, rinection performed by USER in c with the concert. if the concert is to be recorded by any visual and/or audio medium, the words "Grange Bowl Stadium" shall be displayed or printed as mutually agreed upon by USER, the EAGLES and the CITY. The CITY will cooperate with USER in connection with any such activity, provided, any cost or expenses of CITY in connection therewith shall be borne by USER. 36. Subject to guidelines mutually established in advance of the concert date, USER shall have the right at all times to control that portion of the Premises used for the production and presentation of the concert, including without limitation, all internal security matters and internal security personnel; to enforce all necessary and proper rules for the management and - io - 04- 380 (b) (c) 37. of WP 40. 41. 1 operation of the Premiss during the Use Period. USER and its authorized rep,esentatives shall be permitted to enter all portions of the Premises used for the production and presentation of the concert at anytime and on any occasion during the Use Period. Final decision -making power as to any matter relating to the production and presentation of the Concert shall be with USER. Notwithstanding anything in this Agreement to the contrary, nothing herein shall interfere with CITY's right to take any necessary action to protect public safety and to safeguard City property. No video or sound feed shall be provided to any press box or luxury suite or box or any other area of the Premises without the express prior permission of USER. The CITY hereby grants to USER, at no cost to USER, full access and control of Box Office Number Eight and all drop boxes (used to deposit torn tickets) at the Premises on the concert date. USER may, subject to an governmental regulations or to the direction of a public officer, or to the reasonable discretion of the Director of Conferences, Conventions and Public Facilities, direct the opening and closing of entrances and exits during the Use Period. All materials and equipment shall be brought into or removed from Premises only at entrances and exits designated by CITY. Notwithstanding anything herein to the contrary, this Agreement shall not limit the CITY or STADIUM officials or CITY STADIUM tenants in the use of their offices nor interfere with the normal operation of the STADIUM, provided that such operations do not interfere with the successful production and presentation of the concert. Each party represents to the other that it has the power to enter into this Agreement and to grant and accept the license herein granted and accepted, as the case may be, and that tl a consent of no other person or entity (governmental dr otherwise) is required in connection therewith, except as otherwise provided in this Agreement and that this Agreement constitutes a valid and binding obligation of such party, enforceable against such party in accordance with the terms hereof. If, through no fault of the CITY, the Premises or any part thereof shall be damaged, destroyed or rendered unusable by fire or other casualty or unforeseen occurrence to the extent that it is unsafe or impossible 'to hold the concert on the Premises, or if there exists a public emergency rendering performance of this Agreement by the CITY or USER impossible, including, without limitation the requisitioning of the , Premises by the United States, the State of Florida, or any other authority, this Agreement shall terminate J `3 r 7 C7�, bo 6�L r� with respect to any s�ch concert as may be thereby affected, without any liability of either party to the other except as provided in Section 3`l,(b) below. In any such event, USER shall not be 11-&ble for (1) any use fee and (2) any expenses referred to which have not been irrevocably incurred with respect to any such concert which are not so performed. (b) In the event the concert is cancelled for any reason, including, but not limited to, the reasons set forth in Section 41 hereinabove, USER shall be liable to the CITY for actual costs incurred pursuant to Section 5 hereinabove which have been irrevocably incurred in connection with hosting the concert but shall not be liable to the CITY for any lost profits or consequential damages of the CITY. 42. The CITY, through the Director of Conferences, Conventions and public Facilities, at its sole option and discretion, shall be entitled to demand full payment for any unpaid. se fee and/or expenses incurred by USER at the close of,the event. USER grants to the CITY the first right of claim to be paid from all monies that are on hand such as "on premises gate receipts" or all monies held by USER's ticket sales agency for any unpaid use fee, expenses, surcharge, additional services, accommodations, materials furnished, cost of repair, rehabilitation, damage correction, and/or replacement or restoration of premises as a consequence of the presentation of the event. The Director of Conferences, Conventions and Public Facilities shall be entitled to collect all such funds due the CITY and the CITY shall be paid prior to payment of any other bills or sums of money owed by the USER. USER agrees that any agreement entered into by the USER with a ticket sales agency or agencies will include the agency's recognition that the CITY has first right of claim, nd the CITY is to be paid from any and all monies heldalby the said ticket agency. "On premises gate receipts" shall be defined as all sums of money collected by the USER or his agent in connection with the "EAGLES" concert. 43. This Agreement shall not be deemed or construed to create any agency relationship or joint venture between the CITY and USER. The parties further intend that this document shall be a license agreement and that no leasehold interest is conferred upon the USER. 44. Unless otherwise provided herein to the contrary, all notices required under this Agreement shall be deemed to be given when hand -delivered (with receipt therefor) or mailed by Registered or Certified Mail, and addressed: 34- 380 - 121- AS TO__ USER: I AS TO THE CITY Fantasma Productions, Iric. Cesar H. Odio 2000 S. Dixie Hwy., City Manager West Palm Beach, F1 33401 3600 Pan American Drive WITH A COPY ALSO TO: Miami, F1 33133 Orange Bowl Stadium 1501 N.W. 3rd Street Miami, F1 33125 45. This Agreement may not be transferred or assigned by USER without the express written consent of the CITY. 46. This Agreement constitutes the sole and entire Agreement between the parties hereto; no alteration, amendments or modifications shall be valid unless executed by an instrument in writing signed by both parties. 47. If it becomes necessary for the CITY to institute proceedings to collect any monies due it by USER, USER agrees to pay any and all reasonable attorney's fees and-cost-d�Aexpended in the collection thereof. 48. This agreement will be construed according to the laws of the State of Florida and venue shall lie in Dade County, Florida. IN WITNESS WHEREOF, the parties hereto have individually and through their proper corporate officials executed this Agreement the day and year first above written. Attest: Matty Hirai City Clerk CITY OF MIAMI, A Municipal Corporation of the State of Florida By Cesar H. Odio Manager Attest: USER: Fantasma Productions, Inc. a for profit Florida corporation Corporate Secretary Signature Title ,15 - 131- •J438V APPROVED AS TO INSURANCE: APPROVED AS TO FORM AND CORRECTNESS: Frank K. Rollason, A. Quinn Janes, III Risk Management Department City Attorney ?lG) APPROVED AS TO DEPARTMENTAL REQUIREMENTS: Tony Pajares, Director Department of Conferences, Conventions and Public Facilities 94- 380 - 14 - , WHEREAS, the Board of Directors of FANTASMA PRODUCTIONS, INC., desires to enter into an,agreement with the CITY of Miami for use of the ORANGE BOWL STADIUM: and WHEREAS, the Board of Directors of FANTASMA PRODUCTIONS. INC., has examined terms, conditions and obligations of the proposed Agreement with the CITY for said use; and WHEREAS, the Board of Directors at a duly held corporate meeting has considered the matte in accordance with the By -Laws of the corporation; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF FANTASMA PRODUCTIONS. INC..that the President ( ) or Vice- president ( ) or Secretary ( ) (please check one) is hereby authorized and instructed to enter into a contract in the name and on behalf of this corporation with the CITY of Miami for the use of the ORANGE BOWL STADIUM in accordance with the contract documents furnished by the CITY of Miami, and for the price and upon the terms and payments cont ined in the proposed contract submitted by the CITY of Miami. 94- 380 - 15 - IN WITNESS WHEREOF, this day of 199 CHAIRMAN, Board of Directors BY ATTEST:, Corporate Secretary Signature Print or Type Name (Signature) Print or Type Name (SEAL) 94- 380 �r CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM -o . Honorable Mayor and Members DATE FILE of the City Commission MAY 31 1994 SUBJECT Resolution authorizing agreement with Fantasma Productions, Inc. Cesar'io Cit CROM : REFERENCES. � aer ENCLOSURES. It is respectfully recommended that the City Commission adopt the attached proposed resolution authorizing the City Manager to execute an agreement with Fantasma Productions, Inc., for the presentation of one concert at the Orange Bowl Stadium on July 24, 1994. The Department of Conferences, Conventions and Public Facilities has been working with Fantasma Productions, Inc. to complete arrangements for the presentation of major events at the Orange Bowl Stadium. Fantasma Productions, Inc., has offered to present a concert featuring internationally known recording artists, the Eagles, at said stadium on July 24, 1994. The Administration has determined that modifications to the standard use charges, terms and conditions as specified in the City Code are appropriate for these events and has prepared an agreement with Fantasma which d lineates the various charges, terms and conditions for said use Fantasma has agreed to pay a „i flat use fee of $25,000, and all applicable surcharges for the concert. Fantasma will also cover all stadium personnel and operating expenses for the event. V4- 380 C/Y/?' I