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Home My WebLink AboutR-94-0381J-94-449 5/16/94 RESOLUTION NO. 94- 881 A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND FANTASMA PRODUCTIONS, INC., FOR A REBATE OF NOVELTY CONCESSION REVENUE DERIVED FROM THE EAGLES CONCERT TO BE PROMOTED AND PRODUCED BY SAID CORPORATION AT THE ORANGE BOWL STADIUM ON JULY 24, 1994. WHEREAS, the Department of Conferences, Conventions, and Public Facilities desires to increase the number of concert events held in the Orange Bowl Stadium; and WHEREAS, Fantasma Productions, Inc., has expressed interest in entering into an agreement with the City for a rebate of novelty concession revenue in exchange for the Eagle concert on July 24, 1994; and WHEREAS, the Eagles concert guaranteed by Fantasma Productions, Inc. will increase the City's revenues from stadium rental, ticket surcharge, food and beverage concessions, and parking; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: I C 2D CITY COMMISSIOIN MEETING OF JU N 0 9 1994 R®sdution No. 94- 381 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, between the City of Miami and Fantasma Productions, Inc. for a rebate of novelty concession revenues derived from the Eagles concert to be promoted and produced at the Orange Bowl Stadium on July 24, 1994. Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 9th day of June 1994. (Zfs �, S PHEN P. CLA , MAYOR CITY CLERK PREPARED AND APPROVED BY: R"A'EL 0. DIAZ DEPUTY CITY AT APPROVED AS TO FORM AND CORRECTNESS: A. 'QUXW J III CITY ATTO ROD:osk:M4346 94- 381 -2- NOVELTY RBATE AGREEMENT �_----BETWEEN THE CI T+,y OF 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. he "PROMOTER". R E C I TII A L: In consideration for PROMOTER presenting the EAGLES concert at the Orange Bowl Stadium on July 24, 1994, CITY will rebate certain percentages of concert tour novelty concessions revenues received by the CITY. 1. For the concert scheduled in the Orange Bowl stadium, a. 1. CITY will negotiate with concert tour novelty merchandisers to obtain CITY's highest possible rate of sales of concert tour related merchandise. PROMOTER will receive a rebate from CITY of said sales as follows: If CITY negotiates a fee based on a percentage of gross sales, which is 25% of gross sales, then CITY will rebate five percent (5%) of gross sales to PROMOTER. That any matters not herein expressly provided for shall be in the discretion of the City Manager or his WHEN RETURNING FOR FWDER REVIEW, PLEASE IDENT►F' AS Lq�a�ao� 94` 38 �..... deLignated representatioe. 2. i PROMOTER agrees that there shall be no discrimination .cewtCY\ as to race, sex, color, cr i, national originAor handicap in connection with any operations under this Agreement. 3. All terms and conditions of this *•*r..• n Agreement G •h,e shal-1 'be binding upon the parties, their'k and assigns, and cannot be waived ;. -„a by any oral representation or promise of any agent or other person C'k-- here%,unless the be in writing and 1 of t e parties same mutually signed by the duly authorized agent or agents executing this Agreement. 4. That the parties intend that no leasehold interest is conferred upon PROMOTER. 5. If it becomes necessary for CITY to collect any monies due to by PROMOTER, PROMOTER agrees to pay any and all reasonable attorney's fees and costs expended in the collection thereof. 6. This instrument and its attachments constitute the sole I and only Agreement of the parties hereto relating to i said agreement, and correctly set forth the rights, • duties and obligations of each other as of its date. Any prior agreement, promises, negotiation, or representation not expressly set forth in this Agreement are of no force or effect. 7. No amendments to this Agreement shall be binding on 4-81 - 2 either party unless i writing and signed by both a•-- - -- parties. 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 ATTEST: Corporate Secretary APPROVED AS TO INSURANCE: Frank K. Rollason, Deputy Chief Risk Management Department THE CITY OF MIAMI, a municipal corporation of the State of Florida: Cesar H. Odio, City Manager USER: Fantasma Productions, Inc., a for profit Florida Corporation (signature) (print name and title) (SEAL) APPROVED AS TO FORM AND CORRECTNESS: A. Quinn Jones, IIT City Attorney APPROVED AS TO DEPARTMENTAL REQUIREMENTS: �G. Tony Pajares, Director Department of Conferences, Conventions and Public Facilities j - 3 - 94- 381 CORPORATE RESOLUTION WHEREAS, the Board of Directors of FANTASMA PRODUCTIONS, INC., has examined terms, conditions and obligations of the proposed Agreement with the City of Miami for novelty concession rebates at stadium events; WHEREAS, the Board of Directors at a duly held corporate i meeting has considered the matter in accordance with the By -Laws i of the corporation; NOW, THEREFORE, BE IT RESOLV D 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 of I and on behalf of this corporation with the CITY of Miami, and of the price and upon the terms and payment contained in the proposed contract submitted by the City of Miami. IN WITNESS WHEREOF, this day of , 199 Attest: Corporate Secretary S'ignature Print or Type Name CHAIRMAN, Board of Directors By (Signature) Print or Type Name (SEAL) EXHIB T 1 9 4` 381 4 - CAm20 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM _ = TO: Honorable Mayor and Members DATE MAY 31 1994 FILE of the City Commission SUBJECT : Resolution to Approve Contract: Fantasma Productions Novelty Rebate FROM : C e s a 4io REFERENCES: City 10 r ENCLOSURES It is respectfully recommended that the City Commission adopt the attached proposed resolution authorizing the City Manger to execute an agreement, in the attached form, with Fantasma Productions, Inc., requiring saidlpromoter to present the Eagles in concert on July 24, 1994 in return for a rebate of the City's revenue from concert novelty sales. The Department of Conferences, Conventions and Public Facilities has prepared the attached legislation concerning a novelty rebate agreement with Fantasma Productions, Inc. Staff has been negotiating with this promoter to hold the Eagles concert on July 24, 1994 under the proposed agreement. In return, the City will' rebate a portion of the revenue it receives from the sale of novelties to Fantasma. The portion of novelty revenue to be rebated depends on a negotiated fee based on a 25% of gross sales with a maximum of 5% of gross sales to be rebated to Fantasma. I The City will generate substantial additional revenue from stadium use fees, the ticket surcharge, food and beverage concessions, and parking operations. This action is recommended because rebate agreements serve as an inducement to bring more events into City stadiums in the face of increasing state and local competition from other concert venues. j Additionally, any major concert held in a city facility encourages other promoters to bring their shows to us. i THIS ITEM IS A COMPANION TO THE RESOLUTION AUTHORIZING THE TERMS AND AGREEMENT WITH FANTASMA PRODUCTIONS, INC. FOR THE EAGLES CONCERT. Attachments: Resolution Agreement 94— 381