HomeMy WebLinkAboutR-92-0378J-92-404
6/3/92
El
RESOLUTION NO.
9 2 - 37 8
A RESOLUTION, WITH ATTACHMENT, ESTABLISHING
SPECIAL CHARGES, TERMS, AND CONDITIONS FOR
THE USE OF THE BOBBY MADURO MIAMI BASEBALL,
STADIUM BY SUCCESS ENTERTAINMENT, INC. FOR
THE PRESENTATION OF A MUSICAL CONCERT TO BE
HELD ON JUNE 20, 1992; AUTHORIZING THE CITY
MANAGER TO EXECUTE A USE AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, FOR SAID
PURPOSE.
WHEREAS, the City of Miami Department of Conferences,
Conventions and Public Facilities seeks to secure quality events
for the Bobby Maduro Miami Baseball Stadium and the enjoyment of
the community; and
WHEREAS, Success Entertainment, Inc. is planning to present
a concert at the Miami Baseball Stadium on June 20, 1992 to
promote equality and racial harmony and wishes to oontinue
presenting a concert at the Miami Baseball Stadium on an annual
basis; and
WHEREAS, it is recommended that special charges, terms, and
conditions be established for this annual event; and
WHEREAS, Success Entertainment, Inc. will oover the expenses
of cleanup, trash disposal, event personnel, and fire department
personnel at its normal event rate of pay; and
ATTAC11N E6"".
CITY CoMUSSION
DIEETING OF
JU N 1 1 1992
Resolution No.
92- 3'78
1
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WHEREAS, it is recommended that the applicable City Code use
fee of $2,500 vs 12% with a cap of $12,000, conditioned upon the
user agreeing to pay all police expenses, ticket sellers, ticket
takers, security, applicable ticket surcharge; and
WHEREAS, Section 83-148(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
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 set
forth in the attaohed agreement are hereby established for the
use of the Bobby Madruo Miami Baseball Stadium by Success
Entertainment. Ino. for the presentation of a musical concert on
June 20, 1992.
Section 3. The City Manager is hereby authorized to execute
a use agreementI/, in substantially the attached form, between
the City of Miami and Success Entertainment, Inc.
1� The herein authorization is further subject to compliance
with all requirements that may be imposed by the City
Attorney, including but not limited to those prescribed by
applicable City Charter and Code provisions.
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Section 4 This Resolution shall beoome effective
immediately upon its adoption.
PASSED AND ADOPTED this 11th day of J
ATTB
OLI
NATTY HIRAI
City Clerk
PREPARED AND APPROVED BY:
RAFAEL 0. DtAZ
Deputy City Attorney
APPROVED AS TO FORM AND
CORRECTNESS:
A. q 'eT(, S, 2 I
City Atoarney
ROD/pb/osk/M2948
-3-
XAVIER
AREZ,
1992.
92- 378
ru
MIAMI BASEBALL STADIUM
USE AGREEMENT
BETWEEN THE CITY OF MIAMI, FLORIDA
AND SUCCESS ENTERTAINMENT, INC.
THIS AGREEMENT made and entered into this day of
19_1 by and between the CITY OF MIAMI, a municipal
corporation of the State of Florida, hereinafter referred to as
the "CITY" and SUCCESS ENTERTAINMENT, INC., a for profit Florida
corporation with its principal office located at 240 N.W. 21st
Street, Suite 38, Miami, Florida 33127, telephone number (305)
576-1751, 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 Bobby Maduro Miami Baseball Stadium, hereinafter referred to
as the "FACILITY", the said FACILITY to be entered upon or into
for the purpose of presenting a musical concert, hereinafter
referred to as the "EVENT", and for no other purpose whatsoever.
1. Use Period: Said use for the EVENT shall be permitted
for the period commencing at 8:00 a.m. on Saturday, June 20,
1992 and terminating at 12:00 a.m. on Sunday, June 21, 1992,
not including set up and dismantle times. Set up shall
commence no earlier than 7:00 am on the day prior to the
EVENT and dismantle shall begin immediately upon the
conclusion of the EVENT and conclude within a twenty-four
hour period, unless otherwise mandated by the Director of
Conferences, Conventions, and Public Facilities Department,
hereinafter "DIRECTOR", or designee. The above hours of
use, including set up and dismantle times, shall hereinafter
be referred to as the "USE PERIOD".
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2. Use Fee: USER agrees to pay the CITY for the use of said
FACILITYt
Two Thousand Five Hundred Dollars ($2,500.00) minimum use
fee or 12% of the gross ticket sales, exclusive of State of
Florida sales tax and CITY ticket surcharge, whichever is
greater, plus 6% State of Florida Use Tax, hereinafter
referred to as the "USE FEE". The percentage portion of the
USE FEE shall have a cap of $12,000.00.
3. Surcharges 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 based on the admission price as follows:
Price 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 provisions and the
terms of this Agreement.
4. Pavmenfi 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 the EVENT.
5. Damage Repair: USER shall pay to the CITY the reasonable
cost of any repair, rehabilitation, damage correction,
replacement or restoration of the FACILI71I or to defray any
other unusual but reasonable expense borne by the CITY as a
consequence of presentation of the EVENT.
7. 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 expenses
incurred through USER's use of the FACILITY at the close of
each EVENT. Such monies that are on hand at the FACILITY
ticket office shall be described as "on premises gate
receipts". The DIRECTOR or designee shall be entitled to
collect all such monies 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.
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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 on the dates and
times contracted.
9. Audit Rights
a. CITY reserves the right to audit the records of USER 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. 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
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.
c. At CITY's request, USER shall furnish a copy of its
most recent Federal Income Tax return.
10. Complimentary Tickets: USER shall furnish to the DIRECTOR
or designee twenty-five (25) complimentary tickets for each
EVENT for the purpose of promoting the CITY and the FACILITY
for future events.
11. Gate Opgning and Time of Performance: Gates are to be
opened at least two hours prior to the start of the EVENT.
All advertising shall indicate the gate opening time. The
CITY reserves the right to open gates or adjust gate opening
time as it deems appropriate.
12. Prohibited items:. USER agrees to include,in its advertising
that bottles and cans cannot be brought into the FACILITY.
The CITY and USER will use their best efforts to ensure that
no cans, bottles, glass containers, fireworks, weapons or
other objects that may be used as missiles, are allowed in
the FACILITY.
13. Condition of FACILITY: CITY represents and warrants that
the FACILITY and its fixtures and furnishings will be
reasonably 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.
92-- 378
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14. Utilities, Items 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.
15. Restriction 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 Grounds and Turf
Manager for the FACILITY.
16. 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.
17. 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.
18. Right of Entrv: The CITY reserves the right to enter into
the FACILITY at any time during the USE PERIOD as it deems
necessary.
19. 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.
20. EVENT Personnel: If EVENT personnel staffing is required by
USER, the DIRECTOR or designee will provide USER with a list
of event personnel familiar with the FACILITY, including
without limitation, EVENT Supervisor, office attendants,
facility operations workers, electricians, sound
technicians, groundskeepers, restroom attendants and others
necessary for the proper operation of the EVENT. Upon
request, USER shall be furnished with the estimated hours of
work and total personnel cost. 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.
t
92- 378
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If staging and/or other structures are to be erected after
normal CITY working hours, USER shall additionally pay for
the services of a groundskeeper who will be assigned for the
required off -duty period.
21. Union 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.
22. 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 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.
23. Police 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 conckusion of the EVENT.
b. If during the course of the EVENT, the EVENT Police
commander determines that security for the EVENT is
insufficient for proper crowd control, he 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.
92- 378
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24. Clean-up and Dismantle:.
a. CITY shall be responsible for the payment to a cleaning
contractor to clean up the FACILITY after the EVENT has
ended.
b. USER agrees to tear down and remove all USER effects
immediately after the EVENT has ended, and shall be
completed not later than twenty-four hours after the
conclusion of the EVENT, unless otherwise approved by the
DIRECTOR or designee.
25. Placement and Removal of USER Effects: USER will be
responsible to install whatever lighting, staging, props
and/or structures are required for the conduct of the EVENT
at USER's sole cost and expense.
The CITY reserves the right to remove from the premises all
USER effects remaining in or on the grounds of the FACILITY
after the end of the USE PERIOD at the expense of the USER,
or the CITY may charge storage for each day that said
effects remain in or on the grounds of the FACILITY after
the end of the USE PERIOD.
26. Concession Rights,*- It is understood that concession rights
for all events at the FACILITY belong to the CITY. For the
purposes of this Agreement, USES 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, posters, and other
common souvenir items. 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.
27.
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
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, 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 shall be
-':
entitled
to 100% of all
gross receipts from parking
charges.
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411
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.
28. 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 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.
29. Risk of Loss; The CITY shall not be liable for any loss,
bodily injury or damage to any personal property or
equipment of the USER, or anyone whomsoever, during any
times the FACILITY is under the control of and occupied by
the USER. All personal property placed or moved in the
FACILITY 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 licensees is placed in the FACILITY during
the USE PERIOD, including setup and dismantle times and, in
particular, during those hours of the USE PERIOD when the
FACILITY is not open to the general public.
30. 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 en;iorsed to name the
CITY as an additional insured. No qualification of the
additional insured provision is permitted. The company
affording coverage and the types and limits of liability
must be acceptable to the CITY in terms of Management
Classification and Financial Category ratings as stipulated
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.
31. Default Provision; 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.
9 2 - 378
32. 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 Agreement constitutes a valid and binding
obligation of such party, enforceable against such party in
accordance with the terms hereof.
33. Bindinq-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.
34. Nondiscrimination: USER agrees that it shall not
discriminate as to race, sex, color, creed, national origin,
or handicap in connection with its performance under this
agreement.
35. Intent of Agreement: The parties intend that this document
shall be a License Agreement and that no leasehold interest
is conferred upon the USER.
36. Court Costs and Attorneys' 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 fees and other expenses incurred in
the collection thereof. USER agrees that venue in any
litigation and/or arbitration arising from this Agreement
shall be located within Dade County, Florida.
37. Nonass gnment: This Agreement may not\be transferred or
assigned by the USER without the express written consent of
the CITY.
38. 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.
39. Amendments: No amendments to this Agreement shall be
binding on either party unless in writing and signed by both
parties.
92- 378
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
Corporate Secretary
APPROVED AS TO INSURANCE:
Sujan S. Chhabra,-Director
Risk Management Department
CITY: THE CITY OF MIAMI, a
municipal corporation of the
State of Florida:
Cesar H. Odio, City Manager
USER: SUCCESS ENTERTAINMENT,
INC., a 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:
Tony Pajares, Director
Department of Conferences, Conventions,
and Public Facilities
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92- 378
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WHEREAS, the Board of Directors of SUCCESS ENTERTAINMENT.
INC. desires to enter into an agreement with the CITY of MIAMI
for use of the BOBBY MADURO MIAMI BASEBALL STADIUM; and
WHEREAS, the Board of Directors of BLESS ENTERTAINMENT._
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
SUCCESS ENTERTAINMENT. 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 BOBBY MADURO MIAMI BASEBALL 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.
92-- 378
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IN WITNESS WHEREOF, this
Attests
Corporate Secretary Signature
Print or Type Name
U
day of
, 19
CHAIRMAN, Board of Directors
By
(Signature)
Print or Type Name
EXHIBIT 1
(SEAL)
�.-- 78
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CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO
Honorable Mayor and Members
of the City Commission
t ,'p F i
FROM Cesar H. 0 '
City Manage
I'�DK9VV 05' f\
DATE FILE
" A Y 9 2 1992
SUBJECT i
Resolution for concert at
Miami Baseball Stadium
REFERENCES
ENCLOSURES
L
It is respectfully recommended that the City Commission adopt the
attached resolution establishing special charges, terms and
conditions for the use of the Bobby Maduro Miami Baseball Stadium by Success Entertainment, Inc. for the presentation of a musical -
concert at that facility to be held on June 20, 1992 and
authorizing the City Manager to execute a use agreement for this
purpose.
�10A"40*011
The Department of Conferences, Conventions and Public Facilities
has prepared the attached legislation. The above referenced
organization has requested the use of the stadium for this annual
concert. Success Entertainment, Inc. intends to hold this event
annually at the stadium and thus being a frequent user, has
requested a cap on the stadium use fee as stipulated in the
attached legislation.
92- 378
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SUCCESS ENTERTAINMENT, INC.
'I REVENUE/EXPENSE PROJECTIONS
MIAMI BASEBALL STADIUM
JUNE 20, 1992
Attendance: 10,000 (average)
Use Fee: $2,500.00 vs 12% Cap $12,000
Surcharge: $1.00
Concessions: $1.50 per cap
I Parking: $5.00
REVENUES
Use Fee
$12,000
Surcharge
10,000
Concessions
6,315
Parking
2,500
TOTAL
$30,815
EXPENSES
Parking Personnel
$ 700
NET REVENUE
$30,115
92- 3'78
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