HomeMy WebLinkAboutR-93-0140«;
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CHARGES, GE :+', AND OCR=CRS FOR 7HE USE OF THE
•r H: BDVL STADIUMf.r: UYANIS CLUB OF r
•y..NIGHT" :'N: A YEAR iU f fa: ':A' •1 OF
AUnMZnG fa: Cny MAXAM TO EXB= A USE
AGREMM, IN SUBSIAM7AMY fit: ATTACM FORM,a: :0:+
no CITY OF KLAXI AND Y:I: =VANIS N1: OF M
0C., FORii 1;1: i•' Ito •I :+t 1 .•: La:
iP A3t •i: f 1 YINSURA= TO PRO= TO CM A
P'1: AM= AS PRE== BY THE CM MARAGM OR HIS
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WH73EiE'AS, the Department of toff, Conventions, and. Publ.io
Facilities is responsible for the operation of the Orange Bowl Stadium and
seeks to secure the presentation of cultural events and activities at said
facility; and
WEIERSAS, for several years, the Kiwanis Club of Little Havana, Ino., has
presented TARNAVAL WMff" at the Orange Bowl Stadium during the month of
Naxcb , in oonjunctiom with its festival ies; and
j Wffi{IiM, said organization desires to oontimue this arrangement for the
next five years and has negotiated the attached oontraat with the staff of the
Departmmt of Comferexxoes, Cbnventions and. Public Facilities; and
WHMW ,S. user the tee of the proposed contraot, said organizations
will pay all required fees and e&penses, including ticket Surcharge and
personnel, in ar-cordance with City {lode provisions; and
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CITY COMMISSION
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!!• vwsw ten peroent (10%)of •_ admbr-don sales reoaptsfor av
went, but �dth a maximm total use fee of $12, 600 par event; and
MM, the Cit-7 Manager and the Diivctor of the Department of
Conferences, Conventions and PuhUo Phoi1ities bave determined that the
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affeot the revemw operations of amid faoili.ty but wM provift a re PAW
souroe of funning as well• as oultural enterWnwnt for the benefit of Miami
citizens and visitors; and
WIiMMS, Seotion 53-131(C)(7) of the Coda of the City of Miami, Florida,
as amand,ed, provides that the City Camdesion, ham the right to esta�h and
fix speolal charges or speo.W tam and ooncUtions for the use of said
stadium;
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cs •u •,� ca :.•� •� •mot t•�t •c• •. •: _:II• - • •
es •n we to '•• adopted by a a•at thweto and ino=porated berein
fully as
if set forth in this Seoticn.
the attacbed agrewmt for use of the Orange Bowl Stadium by the KiwanlB Club
of Havana, •i •_a e••establisbed for said • :• •t•
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Section 3. The City Manager is b authorizedY to MMte an
agrewmt, in substantially the attached form, betweem the City of WWd w1i
the Siwanis Club of Little Havana, Ino. , for said use.
Seotion 4. Mie herein autborizaticns are he'd oondi.tioned upon the
organizers obtaining insurance to proteo't the City in the amount as paresow'ibed
by the City Manager or his designee.
Seotion B. This Resolution shall become effective iamedi.atelq upon its
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The herein a • i is further• C• to • not • r• cwith
all
requirements that may be imposed by the City Attorney, including but not
limited to those prescribed by City awter and ifjLt
provisions.
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93- 140
ORANGE BOWL STADIUM
USE ,AGREEMENT
BETWEEN THE CITY OF MIAMI, FLORIDA
AND KIWANIS CLUB OF LITTLE HAVANA, INC.
THIS AGREEMENT made and entered into this day of
_ 1993, by and between the CITY OF MIAMI, a municipal
corporation of the State of Florida, hereinafter referred to as
the "CITY" and KIWANIS CLUB OF LITTLE HAVANA, INC., a Florida
not -fox -profit corporation, with its principal office located at
1312 S.W. 27th Avenue, Third Floor, Miami, Florida 33145,
telephone number (305) 644-8888, hereinafter referred to as the
"USER".
R E C I T A Le
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 a portion of 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 an annual musical concert known as
"Carnaval Night" once a y6r. The date and hours for the concert
of said annual event shall be mutually determined by both parties
no later than sixty (60) days prior to said annual event. USER
shall be allowed to conduct up to five (5) such annual events
during the term of this agreement, covering the period commencing
on January 1, 1994 and terminating on December 31, 1998. If
required, setup shall begin five (5) days immediately preceding
each event and dismantle shall be immediately after the end of
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the event. (Setup and dismantle time is normally free of charge
unless unusually long periods of time are required). Pursuant to
the terms of the Agreement and applicable City Code provisions,
the use hereby granted is restricted to one-half (1/2) of said
stadium.
1. Agreem!ant Term/EVENT Date . Said use is permitted on
selected dates during the period commencing on January 1,
1994 and terminating on December 31, 1998, 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. _Ugg _Per .- The hours of use for each EVENT shall include
set up and dismantle times. Set up shall commence no
earlier than five (5) days before each event and dismantle
shall begin immediately upon the conclusion of each EVENT
and conclude within a twenty-four hour period, unless
otherwise mandated by the DIRECTOR or designee. The above
hours -of use, including set up and dismantle times, shall
hereinafter referred to as the "USE PERIOD".
3. • Use Fee: USER agrees to pay the CITY for each day's use of
said FACILITY:
Five Thousand Dollars ($5,000.00) minimum use fee or 10% of
the gross ticket sales, after taxes, whichever is greater,
plus 5.5% State of Florida sales tax. The total use fee
shall not exceed Twelve Thousand Five Hundred Dollars
($12,500.00), subject to City Commission approval.
4. Surchargg: Based u on an actual admission price, excluding
taxes, USER shall ledry and collect on behalf of the CITY, a
ticket surcharge on each paid admission. The amount of the
surcharge shall be based on the admission price as follows:
PrJce of Admission Surcharge
$1.00 to $5.00 $0.50
$5.01 to $15.00 $0.75
$15.01 and Over $1.00
USER shall record collection of the surcharge and shall list
such revenue as a separate item in the statement of accounts
for each EVENT. Ticket surcharge revenue shall be paid upon
demand, and/or as soon as possible after the conclusion of
each EVENT, in accordance with City Code previsions and the
terms of this Agreement.
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for Additional Servi ess 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.
6. pamage_Repair; USER shall pay to the CITY the cost of any
repair, rehabilitation, damage correction, replacement or
restoration of the FACILITY, or to defray any other unusual
but reasonable expense borne by the CITY as a,consequence of
presentation of the EVENT.
7. PaYments Due: Any other sums due CITY pursuant to this
Agreement, including the ticket surcharge and personnel
expenses, shall be paid upon the conclusion of the EVENT.
B. Demand for Payment: The CITY, through the DIRECTOR or
designee, at its sole option and discretion, shall be
entitled to demand full payment for any unpaid use fee
and/or expenses incurred through USER's use of the FACILITY
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 the
FACILITY as a consequence of the presentation of the event.
The DIRECTOR or designee 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
to other parties. 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, and the CITY is to be paid from any and all
monies held by the said ticket agency. "On Premises gate
receipts " shall be defined as -all sums of money collected by
the USER'or his ageA in connection with the EVENT.
4. FQrfeit for Cancellation: All advanced sums, or advanced
payments for services shall be forfeited if, through the
fault or action of the USER, the EVENT is not held on the
dates and times contracted.
10. Audit Rights:
a. CITY reserves the right to audit the records of USER at
any time during the performance of this Agreement and
for a period of three years after the final payment is
made under this Agreement.
b. If' so requested by CITY, USER shall submit to the
Department of Conferences, Conventions, and Public
Facilities an independent audit, by a certified public
accountant. Said audit must include the expression of
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93- 140
an opinion as to the actual and budgeted receipts and
expenditures of the funds for said EVENT. Said audit
shall be submitted to the department no later than
sixty (60) days after receipt of CITY's request.
At CITY's request, USER shall furnish a copy of its
most recent Federal Income Tax return.
Admission and Ticke All entry to the FACILITY on the
EVENT dates shall be by ticket only, purchased at the full
ticket price established by USER, except for employees of
USER and CITY whose presence is required for the
presentation of the EVENT who have received passes issued by
USER, or as otherwise provided by this Agreement.
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 if
feasible and listed on a ticket manifest. The manifest
shall be presented to the DIRECTOR or designee, and USER
will prepare a complete box office 'statement of all
admission tickets sold or distributed as complimentary
tickets.
Complimentary Tickets: USER shall provide the Director of
Conferences, Conventions and Public Facilities, with
seventy-five (75) complimentary tickets for each event for
the purpose of promoting the facility for future events.
CITY shall permit USER to use up to five thousand (5,000) of
the total tickets available for sale (35,000) for
complimentary purposes. All complimentary tickets issued in
excess of 5,000 of the total tickets available shall have a
value equeal to the ticket price offered to the public and
shall be included in the calculation to deterjmine gross
ticket sales as described in Paragraph 1 of this Agreement.
All Complimentary tickets must be printed as "COMPLIMENTARY
TICKETS."
Attendance Limitation: A maximum attendance of, 35,000
persons will be permitted for the EVENT and no more than
that number of tickets shall be printed.
Gate Opening and Times of Performances Gates are to be
opened at least two hours prior to the start of the EVENT.
All tickets and advertising shall indicate the gate opening
time for each performance. The CITY reserves right to open
gates or adjust gate opening time as it deems appropriate
based on crowd control and other conditions.
Prghibited Items: USER agrees to include in its advertising
that bottles and cans cannot be brought into the FACILITY.
The CITY and USER will use best efforts to ensure that no
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cans, bottles, glass containers, fireworks, weapons or other
objects that may be used as missiles, are allowed in the
FACILITY.
16. Cond,itigR of ACILI - CITY represents and warrants that
the FACILITY and its fixtures and furnishings will be clean,
in good order and repair, and reasonably fit for the purpose
for which they are to be used, in safe condition for the use
intended, and will be free of defects which would prevent or
impede the proper conduct of the EVENT. USER agrees to
accept said FACILITY in an "as is" condition at the start of
the USE PERIOD.
17. j— ms Furnished by CITY: CITY agrees to furnish,
at its expense, except as may be otherwise provided herein,
light for ordinary use, water for all reasonable purposes,
restroom supplies and nothing else.
18. Restrict on for Playing Field: USER agrees to restrict all
vehicles from the grass and playing field. Any exception to
this restriction may only be granted by the ground and turf
manager for the Stadium.
19. 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 "Application 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.
20. Authority: USER agrees
that any matters
not herein
expressly provided for in
this Agreement shall
be provided
at the discretion of the
CITY Manager or his
designated
representative.
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21. Right of Entry, The CITY
reserves the right to
enter upon
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the FACILITY premises at any time during the USE
PERIOD as
it deems necessary.
22. Certificate of The USER is to provide a Certificate
of Use and Building Permit to be secured through City of
Miami Fire, Rescue & Inspection Services Department, 275
N.W. 2nd Street, Miami, Florida.
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23. EVENT_ Staff and Supplies Furnished by USER• USER shall
furnish', at its sole cost and expense, ticket sellers,
ticket takers, and ushers. USER shall consult with the
DIRECTOR or designee to ensure that staffing levels for such
personnel are adequate to handle attending crowds.
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24. CITStaffing: If required in the estimation of the
DIRECTOR, or designee, CITY will provide CITY personnel,
including without limitation, Event Supervisor, office
attendants, electricians, custodians, groundsmen, elevator
operators and security staff, necessary for the proper
conduct of the EVENT. USER agrees to pay said personnel
directly to those individuals with 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. USER agrees to pay said event personnel and
shall be responsible for keeping proper employee records and
the issuance of W-2 and 1099 statements for tax purposes, in
accordance with federal, state, and/or local laws.
If staging and/or other structures are to be erected after
normal CITY working hours, USER shall additionally pay for
the services of a groundsman who will be assigned for the
required off -duty period.
25. uio0_Requirements: USER shall ensure compliance with all
necessary union requirements (if applicable) in connection
with the personnel and services engaged for presentation of
the EVENT. The CITY shall use its best effort to inform
USER of the terms of any trade or employee,union agreement,
written or oral, affecting all relevant personnel or
services used in connection with the EVENT and shall assist
USER in complying with such agreements.
26. Fire safety and Personnel; 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. . Fire Department manpower requirements for each
EVENT shall be ash stipulated by the Fire Marshal and
approved by the DIRECTOR or designee. The USER shall be
responsible for the payment of Fire Department services.
27. Pplicg Security:
a. The DIRECTOR, or designee, after full discussion with
the USER as to the type of event and related
activities, will contact the CITY's Police Department
to ascertain the level of Police and/or other security
staffing necessary for adequate crowd control,, traffic
circulation and 'safety and/or other required security
prior to, during and after the EVENT. USER shall be
responsible for the direct payment of designated Police
and security services upon the conclusion of each
EVENT.
b. If during the course of the EVENT, the EVENT Police
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commander determines that security for the EVENT is
insufficient for proper crowd control, lie may summon
additional officers in sufficient numbers to
effectively control the situation. The USER will
assume the responsibility of paying for the services of
these additional officers. If such additional officers
are already on duty, payment shall be made at their
normal hourly rate of pay. If such additional officers
are off -duty, payment shall be made at the overtime
rate of one and one-half times the normal hourly rate,
Total compensation to such off -duty officers shall be
the greater of the following: four hours' minimum
compensation, or, compensation for the actual time
devoted to the EVENT problem, including time spent
booking prisoners and the like.
28. Clean-up and Dismantle:
a. USER agrees to pay directly for the cleaning contractor
to clean the FACILITY after the USE PERIOD (EVENT day)
has ended. If the FACILITY is not properly cleaned to
the CITY's satisfaction, the CITY has the right to
order additional cleaning of the FACILITY and to
invoice the USER for such additional cleaning. The
hauling of the trash from the FACILITY shall 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 and remove all USER effects
immediately after each USE PERIOD has ended, which
shall be completed not later than twenty-four hours
after the conclusion of each EVENT. The DIRECTOR or
designee may allow USER's effects to remain at the
FACILITY overnight between USE PERIODS when such use is
authorized for consecutive days. When USE PERIODS are
authorized for consecutive days, USER effects shall be
removed on th� last day in accordance with this
provision.
29. Removal of USER Effects: The CITY reserves the right to
remove from the premises all USER effects remaining in or on
the grounds of the FACILITY and/or STADIUM after the end of
the USE PERIOD at the expense of the USER, or the CITY may
charge storage, at the rate of $1,000 per day, for each day
or part of a day that said effects remain in or on the
grounds of the FACILITY and/or STADIUM after the end of the
USE PERIOD, unless otherwise permitted by the DIRECTOR or
designee.
30. park nv:
a. The CITY shall furnish its normal and customary event
parking facilities for public parking. The CITY will
provide adequate personnel to man such parking
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facilities, at its own cost and expense.
b. The CITY agrees that charges to the public for parking
on CITY property shall not exceed the usual and
customary charges for such parking, and provided that
such charge is sufficient to ensure that total parking
revenues are not less than the cost of operating the
parking facility .for the EVENT. The CITY zhall be
entitled to 100% of all gross receipts from parking
charges.
C. If parking revenue is less than CITY's cost, then the
USER shall reimburse the CITY for the difference, in
accordance with applicable CITY Code provisions.
31. Concession Rights: It is understood that concession rights
for all events at the STADIUM and FACILITY belong to the
CITY. For the purposes of this Agreement, USER shall be
granted the right to sell programs, authorized novelties
and/or other merchandise depicting the EVENT and/or
performer(s) or player(s), limited to T-shirts, buttons,
hats, other apparel, records, tapes, photographs and
posters. Such items offered for sale to the public are
subject to the advance approval of the DIRECTOR or designee.
The sale of food or beverages by the USER is strictly
prohibited.
32. Music License: USER will obtain a copy of the blanket BMI
and/or ASCAP license in connection with CARNAVAL NIGHT.
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.
33. Indemnifigation: 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 of 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.
34. Risk of Loss: The CITY shall not be liable for any loss,
injury or damage to any personal property or equipment
belonging to the USER, or to 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
93- 140
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to provide security whenever personal property either owned
or used by the USER or its licensees is placed on the
premises during the AGREEMENT TERM, including setup and
dismantle times and, in particular, during those hours of
the USE PERIOD when the FACTI,ITY are not open to the general
public.
35. insurance_:_ Liability Insurance is required of USER and is
to be 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 acceptable to the CITY in terms
of Management Classification and Financial Category ratings
as stipulated by the latest issue of Best's Rey Rating Code.
The CITY is to be provided with a copy of such insurance
policies and a certificate of same.
36. Default Proviso : In the event that USER shall fail to
comply with each and every term and condition of this
Agreement or fails to perform any of the terms and
conditions contained herein, then CITY, at its sole option,
upon written notice to USER may cancel and terminate this
Agreement, and all payments, advances, or other compensation
paid by USER while in default of the provisions herein
contained, shall be forthwith retained by CITY.
37. Assurances: 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 the consent of no other person or entity
(governmental or otherwise) is required in connection
therewith, except as otherwise provided in this Agreement and
that this Agreeme.t constitutes a valid and binding
obligation of such Xrty, enforceable against such party in
accordance with the terms hereof.
38. 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.
39. H=discr�imin lion: USER shall not discriminate as to race,
sex, color, creed, handicap or national origin in connection
with its performance and/or any operation under this
Agreement.
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40. tent o. _ s The parties intend that this document
shall be a License Agreement and that no leasehold interest
is conferred upon the USER.
41. Court Costs and Attor.,.neysI 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,
reasonable attorney's lees and other expenses incurred in
the collection thereof.
42. Nonassignment: This Agreement may not be transferred or
assigned by USER without the express written consent of the
CITY.
43. 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
if its date. Any prior agreements, promises, negotiations,
or representations not expressly set forth in this Agreement
are of no force or effect.
44. Amendments: No amendments to this Agreement shall be
binding on either party unless in writing and signed by both
parties.
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IN WITNESS WHEREOF, the parties hereto have individually and
through their proper corporate officials executed this Agreement
the day and year first above written.
THE CITY OF MIAMI, a municipal
corporation of the State of
ATTEST: Florida:
Matty Hirai, City Clerk Cesar. H. Odio, City Manager
Corporate Secretary
APPROVED AS TO INSURANCE:
Sujan S. Chhabra, Director
Risk Management Department
USER: Kiwanis Club of Little
Havana, Inc.
a not -for -profit Florida
corporation
(signature)
(print name and title)
(SEAL)
APPROVED AS TO FORM AND
CORRECTNESS:
A. Quinn Jones, III
City Attorney
APPROVED AS TO DEPARTMENTAL REQUIREMENTS:
C.
Tony Pajares, Director
Department of Conferences, Conventions
and Public Facilities
93-- 140
WHEREAS, the Board of Directors of EjkM S CLUB QF LITTLE
HAVANA. 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 KIW11 CLUB OF L TTL
gVANA. .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 matter in accordance with the By -Laws
of the corporation;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS of
KIWANIS CLUB QF LITTLE A, 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
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 contained in the proposed contract
submitted by the CITY of Miami.
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93- 140
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JN WITNESS WHEREOF, this day of
Attest:
, 199
CHAIRMAN, Board of Directors
By
(Signature)
Corporate Secretary Signature
Print or Type Name
EXHIBIT 1
- 13 -
ortufat
Print or Type Name
(SEAL)
93- 140
* CA-4
INTER -OFFICE MEMORANDUM
TO DATE '1. l� 1993 FILE =
Honorable Mayor and Members
of the City Commission SUBJECT
Resolution to set Use Fee
for "Carnaval Night" for
a Five Year Contract Term
FROM Cesar H. OdiO REFERENCES
City Manager _
ENCLOSURES:
RECOMMENDATIONt
It is respectfully recommended that the City Commission adopt the
attached proposed resolution establishing special charges, terms
and conditions for the use of the Orange Bowl Stadium by the
Kiwanis Club of Little Havana, Inc. for the presentation of
"Carnaval Night" once a year during the next five (5) calendar
years (1994-1998), and authorizing the City Manager to execute a
use agreement for same.
The Department of Conferences, Conventions and Public Facilities
has prepared the attached legislation. For the last several
years, the Kiwanis .Club of Little Havana, Inc. (the "Kiwanis")
have presented "Carnaval Night" at the Orange Bowl Stadium in
March as part of their annual festival series, which includes the
Calle Ocho Open House.
In order to continue this fine tradition of cultural
entertainment, the Kiwanis have offered to enter into a five (5)
year contract with the City for the use of the stadium. In
return for the extended commitment, the Kiwanis have asked the
total use fee for each event be capped at a maximum of $12,500.
Under normal City Code provisions, the use fee is a minimum
$5,000 vs 10% of gross t;dmission sales receipts (whichever is
greater), with no cap. It should be noted that all other
required fees and expenses, including the ticket surcharge, event
personnel and police, will be paid by the Kiwanis. The selection
of the event date will be mutually determined each year at least
�x sixty (60) days in advance of the actual event.
Based upon the past success of these events, we estimate that
gross revenue to the City will amount to approximately $72,000
per event for a total of over $36 2, 000 for the five *(5) years.
City expenses for parking and lights, will average $6,000 per
event, or $30,000 over the contract term. This results in total
net City revenues of over $332,000 for the five (5) years as
shown in the attached table.
93-- 140
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CARNAVAL NIA
CD= T 2
1994
CONCERT 2
1995
CONCERT 3
1996
CONCERT 4
1997
CONCERT 5
1998
s•`
M
##,4#,t,l,lir�drsarat,�t*,k,lb####,R##fit#######�lt,k�►
BASE
ra'
N
Total Est.
Attendance
22,000
22,000
22,000
22,OOO
22,000 66,000
N/A
a
Ticket Price*
$iQ.00
$10.00
$10.00
$10.60
$ 5.00
$10.00
$ 5.00�`
�a
Parking Rate
Capacity
$ 5.00
5000
$ 5.00
spaces
$ 5.00
r
a�
Parking lot(s)
of
�j
1
S R
E V E N tJ E
S
G R O S
'�R
'01'�
RENT
$12,500#*
$12,500**
$12,500**
$12,500**
$12,500** $62,500
SURCHARGE
(Att. x $0.75)
$16,500***
CONCESSIONS
(Att.x $2.00/capx 42.1%) $18,524
PARKING
(Lot capacity x rate)
#########*################ C I T Y
PARKING STAFF ($3,500)
$l6y500*** $16,500*** $16,500*** $16,500*** $82,500
$92,620
$72,524 $72,524 $72,524 $72,524 $362,620
E X P E N S E S######*##*####*****##*#*#*###*###*##*#r#####****
41
($3,500) ($3,500) ($3,500) ($3,500) ($17,500)
LIGHTS .l'L ,:)UY_!
TOTALS ($6,000)
N E T C I T Y
pm&TOTAL $66,524
aa-
-(-$i -a-1.�,�-,2-
($30,00 4
$66,524 $66,524 $66,524 $66,524 $332,620
* Ticket prices are varied; shown price represents average
** Negotiated rent of $5,000 minimum vs lot of gross receipts up to a maximum of $12l500 per concert
*** Surcharge will vary with ticket price; shown surcharge represents average ticket price of $10.00
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