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HomeMy WebLinkAboutR-94-0401.1J-94-487 6/9/94 RESOLUTION NO. la 94- 401.1 A RESOLUTION, WITH ATTACHMENT, RATIFYING AND APPROVING SPECIAL CHARGES, TERMS AND CONDITIONS FOR THE USE OF THE BOBBY MADURO MIAMI BASEBALL STADIUM PARKING LOT BY C.C.A.L. CORPORATION FOR SAID ORGANIZATIONS PRESENTATION OF FLEA MARKETS ON AVAILABLE WEEKENDS DURING THE PERIOD JUNE 1, 1994 THROUGH MAY 31, 1998; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND SAID ORGANIZATION FOR THIS PURPOSE, SUBJECT TO THE ORGANIZERS: (1) OBTAINING INSURANCE TO PROTECT THE CITY IN AN AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE, AND (2) POSTING A $8,000 PERFORMANCE BOND. WHEREAS, the Department of Conferences, Conventions, and Public Facilities is responsible for the operation of the Bobby Maduro Miami Baseball Stadium and seeks to secure the various events at said facility; and WHEREAS, C.C.A.L. Corporation wishes to conduct flea markets on available weekends in the parking lot of said facility; and WHEREAS, the Director of Conferences, Conventions and Public Facilities and the City Manager have determined that a "flat" use charge of $300 for the first three (3) months and then $400 per day of use for the remainder of the contract, is appropriate for this type of commercial activity and recommend approval of such charge; and CITY c"_ 0,'.?-!M'SI0N ill 4 9 19" Resolution No. 94- 401,1 :.:.1 WHEREAS, said organization has agreed to post a $5,000 Performance Bond, and to cover stadium operating expenses, police, and cleanup for said activities; and WHEREAS, said organization will additionally comply with all applicable state, City and other governing regulations, including occupational license and Class II permit provisions; and WHEREAS, the proposed use agreement contains additional terms and conditions for City audit rights and for the scheduling priority of special events over flea market operations; and WHEREAS, Section 53-146(C)(6) 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 i i 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 Bobby Maduro Miami Baseball Stadium parking lot by the C.C.A.L. Corporation i i are hereby established for said organization's presentation of flea markets on available weekends during the period of June 1, 1994 through May 31, 1995. 94- 401.1 -2- Seotion 3. The City Manager is hereby authorized to exeoute an agreement, in substantially the attaohed form, between the City of Miami and C.C.A.L. Corporation, for said purpose, subjeot to the organizers: (1) obtaining insurance to proteot the City in an amount as presoribed by the City Manager or his designee; and (2) posting a $5,000 Performanoe Bond. Section 4. This Resolution shall beoome effeotive immediately upon its adoption. PASSED AND ADOPTED this 9th day of June 1994. kwr.- (p, qL-, ST PHEN P. CL RK, MAYOR ATTE MATTY HIRAI CITY CLERK PREPARED AND APPROVED BY: G OLGA IREZ-S JA ASSISTANT CIT ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: INN 0 ES, III CITY ATT, 7 Y ORS:osk:bss:M4381 94- 4©1,1 WE USE AGR tAMI, MENT BETWEEN THE CITY OF FLORIDA AND C.C.A.L. CORPORATION THIS AGREEMENT made and entered into this day of 19`, by and between the CITY OF MIAMI, a municipal corporation of the State of Florida, hereinafter referred to as the "CITY" and C.C.A.L. CORPORATION, with its principal office located at 10295 Collins Avenue, Miami Beach, Florida 33154, telephone number (305) 861-4362 and 541-7260, hereinafter referred to as the "USER". .I 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 Bobby Maduro Miami Baseball Stadium, hereinafter referred to as the "FACILITY", the said FACILITY to be entered upon or into for the purpose a flea market, hereinafter referred to as the "EVENT", and for no other purpose whatsoever. 1. Agreement Term'JEVENT Dates• Said use is permitted on available Saturdays and Sundays and/or holidays commencing on June 1, 1994 and terminating on May 31, 1995, hereinafter referred to as the "AGREEMENT TERM", on specific dates as may be available, subject to the approval of the Director of Conferences, Conventions, and Public Facilities (hereinafter referred to as the "DIRECTOR") or designee. 2. elinquishment: The USER acknowledges that if the CITY schedules any special events, except flea markets, including without limitation concerts, major sporting events, religious events, or baseball events, at the Bobby Maduro Miami Baseball Stadium `hereinafter referred to as the "STADIUM") the USER shall relinquish its use of the FACILITY on the conflicting date. CITY will give USER whenever possible, seven (7) days notice but in no case less than seventy-two (72) hours notic of said special event. 94- 401.1 3. Use Period: The hours of u$e on each of the EVENT dates, including setup and dismantle times shall commence no earlier than 7:00 a.m. and conclude no later than 7:00 p.m. The above hours of use, including setup and dismantle times, shall hereinafter be referred to as the "USE PERIOD." 4. Use Fee: USER agrees to pay the CITY for the use of said FACILITY: Three Hundred Dollars ($300.00) flat use fee per EVENT day, for the first three (3) months and subsequently $400.00 per: day for the remainder of the contract, plus 6.5% State of Florida use tax, hereinafter referred to as the "USE FEE". Said fee is subject to City Commission approval. 5. Payment: Any fees or taxes due CITY pursuant to this Agreement, shall be due at 5:00 p.m. on every Monday after each use of said FACILITY. CITY is not responsible for the collection or remission of Florida sales tax, except for the sales tax collected from USER pursuant to paragraph 4 of this Agreement. Late payments shall be subject to a twenty-five dollar ($25.00) late payment fee, which shall become applicable on the sixteenth day after the date of invoice. Additional late payment fees shall be applicable for each subsequent thirty (30) day period that the invoice remains unpaid. 6. Payment for Additional Services: USER shall pay to the CITY, on demand, such sum or sums as may be due to said CITY for additional services, accommodations or material furnished to said USER for each EVENT. 7. Damage Repair: USER shall pay to the CITY the reasonable cost of any repair, rehabilitation, damage correction, replacement or restoration o. the FACILITY, or to defray any other unusual but reasonable expense borne by the CITY as a consequence of presentation of the EVENTS. 8. Forfeit for Cancellation: All advanced sums, or advanced payments for services shall be forfeited if, through the fault of the USER, the EVENT is not held during the USE PERIOD. The Director of the Department of Conferences, Conventions and Public Facilities, has the discretion to grant USER a full or partial credit for the USE PERIOD if it rains and USER does not setup at the FACILITY. USER must notify Stadium Manager within 24 hours of the rain day cancellation in order to receive full or partial credit. - 2 - 1 94- 401.1 9. Audit Riahts a. CITY reserves the right to audit the records of USER, related to this agreement, at any time during the term of this Agreement and for a period of three years after the final payment is made under this Agreement. b. At CITY's request, USER shall furnish a copy of its most recent Federal Income Tax return. 10. Riaht of Entry: The CITY reserves the right to enter upon the premises at any time during the USE PERIOD as it deems necessary. 11. Removal of USER Effects: The CITY reserves the rights to remove from the premises all USER effects remaining in or on the grounds of the FACILITY and/or STADIUM after the end of each USE PERIOD at the expense of the USER, or the CITY may charge storage, at the same rate stated in Paragraph 4 of this Agreement, for each day or part of a day that said effects remain in or on thelgrounds of the FACILITY and/or STADIUM at the end of each USE PERIOD and the AGREEMENT TERM. However, USER does not need to remove all USER effects from the premises and/or dismantle when USER is utilizing the FACILITY for two consecutive days. No carpet, rugs, or any type of ground cover should be left on premises. No obstruction, barriers or equipment should be left on premises. Any violation would be grounds for termination of said contract. 12. Fire Safety: USER shall 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. A copy of the proposed layout should also be given to the Stadium Manager as part of the file. 13. Authority: USER agreed that any matters not herein expressly provided for in tY�is Agreement shall be provided at the discretion of the CITY Manager or his designated representative. 14. Facility Rules:_ USER acknowledges that it has read the "Rules and Regulations for Use of City of Miami Municipal Facilities" which are attached to the "Applications for Use of City of Miami Municipal Facilities, that he or she fully understands said rules and regulations, and that by the execution of this Agreement USER certifies that it shall abide by each and every rule and regulation set out therein without the need to have said Rules and Regulations repeated in this Agreement. I 94- 401,1 - 3 - 15. Indemnification: The USER shall indemnify and save harmless forever the CITY,' and all the CITY's agents, officers and employees from and against all charges or claims resulting from any bodily injury, loss of life, or damage to property, from any act, omission or neglect, by itself or its employees; the USER shall become defendant in every suit brought for any such causes of action against the CITY or the CITY's officials, agents and employees; the USER shall further indemnify CITY as to all costs, attorney's fees, expenses and liabilities incurred in the defense of any such claims and the investigation thereof. 16. Risk of Loss: The CITY shall not be liable for any loss, injury or damage to any personal property or equipment of the USER, or anyone whomsoever, during any times the premises are under the control of and occupied by the USER. All personal property placed or moved on the subject premises shall be at the risk of USER or the owner thereof. Furthermore, it is the responsibility of the USER to provide security whenever personal property either owned or used by the USER or its licenses is placed on the premises during the AGREEMENT TERM, including setup and dismantle times and, in particular, during those hours of each USE PERIOD when the premises are not open to the general public. 17. Insurance: Owners', Landlords' and Tenants' Liability Insurance is required of USER. Evidence of said insurance is to cleared through the office of the CITY's Risk Management Division, Insurance Coordinator, Dupont Plaza, 300 Biscayne Way, Suite 328, Miami, Florida, telephone 579- 6058. The insurance policy must be endorsed to name the CITY as an additional insured. No qualification of the additional insured provision is permitted. The company affording coverage must be rate A as to Management Classification and 10 (X) as to Financial Category by the latest issue of Best's Key Rating Code. The CITY is to be provided with a copy of such insurance policies and a certificate of same. 18. Occupational License: Occupational license shall be secured .by USER from the CITY's Tax and -License Division, Treasury Management, 300 Biscayne Blvd. Way, Suite 210, Miami, F1 33131. Said license shall be presented to the DIRECTOR, or designee, prior to the start of the AGREEMENT TERM and shall be attached to this Agreement. Any failure on the part of the USER to keep the Occupational License current will be grounds for termination of contract. If applicable, individual market stall operators shall obtain occupational licenses in accordance with the Code of the City of Miami, Florida and the Code of Metropolitan Dade County, Florida, and shall display 'said license on their stall. USER shall use its best efforts in securing compliance by the individualloperators. :,4- 4©1.I - 4 - 19. Class II Permit: USER shah secure a Class II permit, and any amendments to such permit as may be required by CITY, from the CITY's Building and Zoning Department, 275 N.W. 2nd Street, Miami, Florida. Said permit shall be presented to the DIRECTOR, or designee, prior to the start of the AGREEMENT TERM and shall be attached to this Agreement. USER agrees to abide by all rules and regulations pertaining to said Class II permit, including any conditions attached thereto. If it is determined that CITY zoning requirements preclude the use of the FACILITY for a flea market, then this Agreement automatically terminates and no further action or notification of termination is required. 20. Personnel: If required in the estimation of the DIRECTOR, or designee, USER agrees to pay for necessary CITY personnel, including without limitation, electricians, custodians, groundsmen, seculity staff. Said personnel will be paid directly by USER wa,th a four (4) hour minimum at rates established by the DIRECTOR. When such personnel are required, notification of same, including the estimated hours of work and rates of pay, shall be furnished to the USER by the DIRECTOR or designee at least 72 hours prior to the USE PERIOD. 21. Clean-up and Dismantle: a. USER agrees to pay for a cleaning contractor to clean up the FACILITY after each USER PERIOD (=NT day) has ended. zf the FACILITY is not properly cleaned, the CITY has the right to order the cleaning of the site and charge the USER for the cleaning. The hauling of the trash from the FACILITY may only be performed by the CITY's Solid Waste Department, and the USER is responsible for the payment of such trash disposal fees as are established by the CITY. b. USER agrees to tear down Land -remove all USER effects immediately after each USE PERIOD has ended, which shall be completed not later than 7:00 p.m. of each USE PERIOD, provided, however, that USER's effects may remain at the FACILITY overnight and USER does not need to dismantle between USE PERIODS authorized for consecutive days. The time limitation may be mandated otherwise by the Class II permit. When USE PERIODS are authorized for consecutive days, USER effects shall be removed by 7:00 p.m. on Sundays, in accordance with this provision. C. USER is responsible for daily cleanliness of area and for regular trash and garbage removal from the general areas of the FACILITY to the site(s) designated for USER's trash containers (dumpsters). The area should be cleared by 8:00 94q 401.1 - 5 - V(� ,C.14:. �.��aC�� ..,Zatiy� �'�.<.�.. �°� Cif ��.�-�-t•c��2� . � " a.m. on Monday and garbage s ould be picked up by 12 Noon on ` Mondays. USER agrees to p ovide, at his own expense, a minimum of one (1) twenty -yard trash container on site for use during the AGREEMENT TERM. 22.E Restroom Facilities: USER agrees to provide, at his own expense, portable toilet facilities, in quantities deemed appropriate by the South Florida Building Code and/or other governing regulation, for use by participants and the public prior to, during and after each USE PERIOD. The number of portable toilets shall be subject to change in accordance with attendance. 23. Security: Security and Police requirements shall be determined by the DIRECTOR upon consultation with the USER and the CITY's consultation with the USER and the CITY's Police Off -Duty Office. Unless otherwise directed by CITY, the minimum off -duty police staffing will consist of two (2) police officers per EVENT. Pay. This staffing level is established with the unde standing that attendance is anticipated to be 2,000 persons maximum per EVENT day. Police shall be paid directly by USER. 24. Concession Rights: It is understood that concession rights for all events at the STADIUM and FACILITY belong to the CITY. However, while USER is utilizing the FACILITY, CITY grants to USER, exclusive concession rights at the FACILITY. For the purposes of this Agreement, while USER is utilizing the FACILITY, USER may permit individual vendors to utilize space or operate a stall at said FACILITY to conduct commercial activity in which new and/or used goods, articles, and/or merchandise are bought and/or sold, in compliance with the Class II permit and licensing regulations. USER may further permit the sale of food and nonalcoholic beverages in accordance with Dade County Health Department regulations, CITY -Charter and Code provisions and the terms of this Agreement.) 25. Binding_ Agreement: All terms and conditions of this written Agreement shall be binding upon the parties, heirs and assigns, and cannot be varied or waived by any oral representation or promise of any agent of the parties hereto or other person unless the same be in writing and mutually signed by the duly authorized agent or agents executing this Agreement. 26. Intent of Agreement: The parties intend that this document shall be a Use Agreement and that no leasehold interest is conferred upon the USER. 27. Court Costs and Attorney's Fees: 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 court costs, 4 94- 401.1 - 6 - reasonable attorney's fees Ind other expenses incurred in the collection thereof, provided that CITY prevails in said action. USER agrees that venue in any litigation and/or arbitration arising from this Agreement shall be located within Dade County, Florida. 1-77L47-r,-1XI' y {� 28. Nondiscrimination: USER agree that it shall not discriminate as to race, sex, color, end, national origin, or handicap in connection with its performance under this Agreement. 29. Entire Agreement: This instrument and its attachments constitute the sole and only Agreement of the parties hereto relating to the use of the FACILITY and correctly sets forth the rights, duties, and obligations of each to each other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. 30. Amendments: No amendments to this Agreement shall be binding on either party unless in writing and signed by both parties. 31. Termination: The City Commission shall have the right to terminate this Agreement, with or without cause, upon written notification. In such event, USER shall terminate its use and vacate the FACILITY within five (5) days of receipt of said notification. 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: CITY: THE CITY OF MIAMI, a municipal corporation of the State of Florida: Matty Hirai, City Clerk Cesar H. Odio, City Manager 4©1.1 - 7 - USER: C.C.A.L. Corporation, a Florida for -profit corporation Corporate Secretary (signature) (print name) (title) (SEAL) APPROVED AS TO INSURANCE: APPROVED AS TO FORM AND CORRECTNESS: Frank K. Rollason, Deputy Chief A. Quinn Jones, III Risk Management Division City Attorney yh,"•% APPROVED AS TO DEPARTMENTAL REQUIREMENTS: �G Tony Pajares, Director Department of Conferences, Conventions and Public Facilities; } 94- 401.1 -8- 1 1 WHEREAS, the Board of Directors of C.C.A.L. CORPORATION desires to enter into an agreement with the CITY of Miami for use of the BOBBY MADURO MIAMI BASEBALL STADIUM; and I WHEREAS, the Board of Directors of C.C.A.L. CORPORATION 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 matterlin accordance with the By -Laws r of the corporation; jNOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS of i C.C.A.L. CORPORATION, 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 and on behalf of this corporation with the CITY of Miami for the f use of the BOBBY MADURO MIAMI BASEBALL STADIUM in accordance with i the contract documents furnished by the CITY of Miami, and for the price and upon the terms �nd payments contained in the proposed contract submitted by the CITY of Miami. 94- 401.1 IN WITNESS WHEREOF, this day of , 19 CHAIRMAN, Board of Directors By (Signature) Print or Type Name Attest: (SEAL) Corporate Secretary Signature , Print or Type Name EXHIBIT 1 C 94- 401.1 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM CA=22 TO : Honorable Mayor and Members DATE . MAY 3 1 1994 FILE of the City Commission SUBJECT Resolution to set Use Fee and Regulations for C.C.A.L. Corporation FROM : Cesar O REFERENCES: City0 ENCLOSURES: RECOMMENDATION: It is respectfully recommended that the City Commission adopt the attached proposed resolution establishing use fees and regula- tions for a Flea Market to be conducted by the C.C.A.L. Corporation in the parking lot of the Bobby Maduro Miami Baseball Stadium on available weekends during the period June 1, 1994, through May 31, 1995• The resolution would also permit the City Manager to execute a use agreement with this organization. BACKGROUND: The Department of Conferences, Conventions and Public Facilities has prepared the attached legislation. C.C.A.L. Corporation has requested the use of the baseball stadium parking lot to conduct a flea market on available weekends and holidays. The cleanli- ness of the stadium shall be a condition giving the City the right to immediately terminate the agreement. The proposed term of use will exclude times when the stadium is utilized by other users for special events. Because the Flea Market is a commer- cial operation offering the purchase, sale and/or trade of new and used articles, the department recommends a use fee of $300 per day for the first three (3) months and then $400 per day for the remainder of the contract (plus applicable taxes). The organization will also pay for any and all City expenses includ- ing stadium personnel, police and cleanup. Potential use fee revenue is estimated at $41,000. The proposed use agreement includes audit provisions and specific language to cancel any flea market in the case of any priority special event booking. The agreement further provides for com- plete licensing and permitting of the flea market in accordance with City ordinances and other governing regulations. a- 401.1 eW Z7 w/