HomeMy WebLinkAboutR-92-0529J-92-598
9/9/92
RESOLUTION NO. 9 - 15 2 9
A RESOLUTION, WITH ATTACHMENT, RATIFYING,
APPROVING AND CONFIRMING THE ACTIONS OF THE
CITY MANAGER IN ESTABLISHING SPECIAL TERMS
AND CONDITIONS FOR THE USE OF BICENTENNIAL
PARK ON AUGUST 22, 1992 BY CELLAR DOOR
CONCERTS OF FLORIDA, INC. FOR THE PURPOSE OF
PRESENTING A LIVE CONCERT AS PART OF THE
NATIONWIDE "LOLLAPALOOZA TOUR", AND IN
EXECUTING THE ATTACHED AGREEMENT BETWEEN THE
CITY OF MIAMI AND SAID EVEN SPONSOR.
WHEREAS, in June 1992, the Parks and Recreation Department
received a request from Cellar Door Concerts of Florida, Inc.
asking authorization to present a large outdoor event at
Bicentennial Park on August 22, 1992; and
WHEREAS, said event consisted of the presentation of several
muscial acts in an all -day concert as part of the nationwide
"Lollapalooza Tour" with attendance estimated at 30,000 persons
and a gated admission charge of $30.00 including the City's
ticket surcharge, taxes and ticket agency fees; and
WHEREAS, due to the nature of the event, it was recommended
that modifications be made to the customary terms, conditions and
fees applicable to events held in City parks; and
WHEREAS, said event sponsor agreed to pay a modified use fee
of $3,250 to the City, the applicable ticket surcharge of $1.00
per paid admission, and customary concession and beer/wine permit
fees; and
pTTAC11favIT (5)
(()KTA111ED
CITY COIKMISSION
MEETING OF,
SEP 1 0 1992
Resolution No.
92- 529
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WHEREAS, said event sponsor also agreed to provide liability
insurance to the City's requirements, to cover the cost of City
services required for the event including police and other
security, event personnel, and cleanup, and to allow the City to
operate its customary event parking on the adjacent F.E.C.
Property; and
WHEREAS, prior to the event, gross revenue to the City from
this event was estimated at approximately $40r550, consisting of
$30,000 in ticket surcharge, $3,250 in the use fee, $300 in the
beer/wine permit fee, $2,000 in concession fees and $5,000 from
event parking (based on a charge of $5.00 per car); and
WHEREAS, in a memorandum dated June 19, 1992, the City
Manager advised the City Commission of his intent to authorize
said event in Bicentennial Park subject to the terms and
conditions enumerated hereinabove; and
WHEREAS, sufficient time did not exist to complete
negotiations for the event and to prepare the necessary agreement
for Commission approval prior to the August recess of the City
Commission; and
WHEREAS, said event was permitted based on its merits of
providing substantial revenue to the City and its recreational
and entertainment benefit to the community; and
WHEREAS, the attached agreement containing detailed
provisions for the use of said park for said event was duly
prepared and executed;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF'MIAMI, FLORIDA:
-2- 92- 529
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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 actions of the City Manager in
establishing special terms and conditions for the use of
Bicentennial Park on August 22, 1992 by Cellar Door Concerts of
Florida, Inc. for the purpose of presenting a live concert as
part of the nationwide "Lollapalooza Tour", and in executing the
attached agreement between the City of Miami and said event
sponsor are hereby ratified, approved and confirmed.
Section 3. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 10*h��day of
September , 1992.
M3
XAVIER Ll SUAREZ, MAYOR
APPROVED AS TO FORM AND
CORRECTNESS:
92-- 529
USE AGREEMENT
CITY OF MIAMI, FLORIDA
t THIS AGREEMENT made and entered into this day of
1992, and between the CITY OF MIAMI, a municipal
corporation of the State of Florida, hereinafter referred to as
the "CITY" and Cellar Door Concerts of Florida, Inc., a Florida
for profit corporation with its principal office located at 2190
S.E. 17th Street, Suite 310, Ft. Lauderdale, Fl. 33316 telephone
number (305) 761-1510, 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 of Miami
i
known as Bicentennial Park hereinafter referred to as the "AREA"
to be entered upon or into for the purpose of presenting, at
USER`s option, the Lollapalooza Tour, a music concert,
hereinafter referred to as the "CONCERT," which will commence at
approximately 11:00 AM on Saturday, August 22, 1992 and shall
conclude at 11:00 PM the same day. All USER effects must be
cleared from the AREA surface by 10:00 PM on Monday, August 24,
1992.
USER shall mean "licensee".
Set up shall commence no earlier than 8:00 A.M. on Monday,
August 19, 1992 and dismantle shall begin immediately upon
conclusion of the CONCERT and terminate no later than 10:00 PM on
August 24, 1992,- the above hours of use, including set up and
dismantle times, shall hereinafter be referred to as the "USE
PERIOD".
The CITY agrees not to.schedule any other events including, but
not ,limited to, groups or individuals touring the AREA during the
USE PERIOD.
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The area known as "Bicentennial Park", and such open spaces
that may be required by USER for the CONCERT and such other
facilities of Bicentennial Park as maybe authorized by the
Director of Parks and Recreation, shall be herein referred
to as the "AREA".
USE EEE
User shall pay the City of Miami for the use of said
facilitys Three Thousand Two Hundred Fifty Dollars
($3,250.00) flat use fee for the use of the above referenced
"AREA" plus 6.5% State of Florida sales tax. The total use
fee will be non-refundable and paid no later than
July 31, 1992.
TICK TS AND TICKET SURCHARGE
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 a migntgn Surcharge
$1.00 to $5.00 $0.50
$5.01 td $15.00 $0.75
$15.01 and over $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 of the Parks and
Recreation Department, and USER will prepare a complete box
office statement of all admission tickets sold or
distributed as complimmentary 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 as possible after the conclusion of
the event in accordance with City Code provisions and the
terms of this Agreement.
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4 • AUDIT RIGfiTS
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 (3) years after the termination
i
of this Agreement.
B. USER agrees to submit to CITY an independent audit of
the CONCERT, by a certified public accountant. Said
audit shall be submitted to CITY no later than thrity
I
(30) days after the termination of this Agreement.
5. CITY_STAFF'ING
At the request of USER, the CITY will provide a list of
facility services, staff and other personnel required to
stage the CONCERT, and the estimated aggregate cost thereof.
Upon USER's request for such services, at least 10 working
days in advance, CITY shall provide same. USER shall pay
the CITY, on an actual cost basis, for expenses incurred
including but not limited to Police, Fire, Solid Waste,
cleanup, removal and replacement of barricades, materials
and event staffing services requested by USER or required by
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CITY upon consultation with USER. Said services and
payment therefore shall be based upon a four (4) hour
minimum at rates estabished by the respective CITY officials
or the Director of Parks and Recreation. All estimated
expenses must be paid three (3) days in advance of the
actual CONCERT date.
6. UNION REOUIREMENTS
USER shall ensure compliance with all necessary union
requirements (if applicable) in connection with the
t i
_ 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 used in
F
,
connection with the CONCERT, and shall assist USER in
complying with such agreements.
7. pOL•ICE ' RE12UIBZVMS
The USER will provide all necessary City of Miami Police
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required to secure the AREA, before, during, and after the
Concert and all City of Miami Police for Traffic Control
before and after the performance. Police shall be paid by
USER.
Control of the internal security services inside the AREA
shall remain the responsibility of USER or their designated
}'
agent, who shall consult with the Director of Parke and
Recreation and the appropriate representative of the Police
i
Department to coordinate these services. USER shall pay for
said internal security service.
9. r..ONDITION OFARRAR
CITY agrees that the AREA will be maintained in good, clean
order and condition by the CITY prior to the USE PERIOD.
USER agrees to accept said AREA in an "as is" condition at
the start of the USE PERIOD. USER acknowledges that the
existing electric service is non-functional and hereby
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agrees to arrange for all anticipated electric needs through
'P
an alternate source at the USER'S expense. Any
modifications to existing facilities or structures located
in the AREA must be at the sole expense of the USER and have
1;
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prior approval of the Director of Parks and Recreation or
his designee. The AREA shall be returned to original
condition immediately following the CONCERT.
10. ACCESS BY TICKET OONLY
All entry to the. AREA on the show date shall be by ticket
only, purchase at the Full Ticket Price ei^ept for employees
of USER and CITY actually working at the CONCERT who have
3`
received passes issued by USER, and except as otherwise
i�
provided by this Agreement.
11. rQMPL jMENTARY TTCKSTS
CITY shall permit USER to allocate a maximum of 1,000
complimentary tickets for quests of the USER and a maximum
of 100 complimentary tickets for use by the CITY.
t
12. GATE OPENTUrA AND HOURS OF PERFORMANCE
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USER shall control the time for the time for the CONCERT.
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All tickets and advertising shall indicate the gate opening
time. The CITY reserves right to open gates or adjust gate
opening time as it deems appropriate based on crowd control
and other conditions.
13. ILnMISSION TICKET HANDL.IM
Ticket sellers, takers and ushers are the responsiblity of
the USER. The CITY reserves the right to approve the agency
handling all ticketing for said CONCERT. All related
expenses including the agency's fee shall be paid by the
USER.
14. NECRS�SARY PERMITS
The USER shall obtain all necessary clearances, licenses and
permits for any and all building, construction, electrical,
sanitary, business, sales, occupational and other permits or
licenses required for the CONCERT. The cost of any such
permits shall be borne by USER.
15. FIRE SAFETY REOU?REMFNTS
USER shall provide the proposed event layout to the Office
]; of Fire Prevention, 275 Northwest 2nd Street, Miami, Florida
—j and obtain fire/assembly and/or other permits required by
' applicable Sections of the Code of the City of Miami,
1,
relative to fire safety and public assembly. Fire
' Department manpower requirements for the Concert shall be
determined by the Fire Department. All Fire Department
related expenses shall be paid by USER.
16. ERECTION OF STRUCTURES
USER shall be permitted to use such trucks and forklifts in 3
the AREA for the erection of structures and production and s
presentation of the CONCERT, in accordance with guidelines
? established in consultation with the Director of Parks and
Recreation, including, but not limited to, procedures to
minimize damage.
17. CONCESSION STBj' S
• j
The CITY will permit USER and its authorized vendors to
erect, concession booths, stands or _tables on the AREA
i _
subject to approval by the Fire Marshal and the Director of
Parke and Recreation Department on his designee.
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19.
STRUCTURES. AND STA02M
USER will provide and install all structures, staging and
props, including special lighting, at its own expense. �.
19.
TOt,kTF'AMAITRA
USER agrees to provide, at its own expense, portable toilet
facilities in a number to be reasonably determined by
Director of Parks and Recreation for use prior to, during
and after event.
t
20.
ADVE&TISING AND BANNERS
A. USER shall have the right, at no additional cost and
subject to the prior consent of requisite CITY
s
officials, to hang banners and otherwise accord s
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r
credit to any sponsor, equipment supplier or other
entity involved with the CONCERT within the confines of
the structure housing said event, or otherwise, subject
'
to applicable City Code and/or building regulations.
B. USER agrees to include in all advertising for the
CONCERT that bottles, cans, glass, containers and
coolers, may not be brought into the facility.
21.
CLEANUP AND BREAKDOWN
i
USER agrees to provide and pay for regular and on -going
maintenance for the AREA during the set up and show time and �•
to clean the AREA, to the City's satisfaction at the t
conclusion of the day's use. Trash shall be removed from
the AREA at the conclusion of day's use at the cost of USER.
{
USER agrees to begin to tearing down its equipment
immediately after the performance has concluded and to be
totally removed from AREA no later than 10:00 PM
E
August 24, 1992.
22.
DAMAGE
USER shall pay the City of Miami the cost of any repair,
t
rehabilitation, or restoration of the "AREA", as may be 3
required as a result of said use. !.
23.
DAMAGE DEPOSIT
USER shall post the sum of $2,500 in check or in cash, or a 3
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performance bond with the City at time of execution of this
Y
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92- 529
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Agreement or on August 3, 1992, at 5:00 P.M., whichever is
earlier, as a deposit against damages USER entering to the
AREA. Within the 48 hour period prior to the beginning of
the USE period and within the 48 hours period immediately
t
following the dismantle period, USER and the Director of
Parks and Recreation, or his designee, will inspect the AREA
for said damage. if damage is found following the CONCERT,
the City will retain the above mentioned deposit until all
repairs are completed. All repairs must be completed to the
to the satisfaction of the Director of Parks and Recreation
no later than August 30, 1992 or the deposit will be
forfited and required work done by the City. Any additional
f
cost related to require repairs exceeding the $2,500 deposit
wil be paid by the USER.
24.
REMOVAL OF USER EFFECTS
The CITY reserves the right to remove from the AREA 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
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further use of the AREA, to charge storage at the expense of
the USER at a rate of One Thousand Dollars ($1,000.00) for
each day or part of a day that said effects remain in or on
the grounds of the AREA after the end of the USE PERIOD.
25.
PARKTNQ
(a)
The CITY shall furnish, at no cost to user, normal and j
'+
customary event parking spaces for the public and provide
adequate personnel to staff such parking facilities, at
locations convenient to the AREA.
s
(b)
The CITY warrants and represents that it shall arrange for
and implement customary parking and traffic plan for events
of this size and nature and will be solely responsible for ?
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the costs of such arrangement and implementation.
(c)
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The CITY agrees that charges to the public for parking on
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its property shall not exceed the usual and customary r
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charges for such parking. The CITY shall be entitled to j
1008 of all gross receipts from parking charges.
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co NcEsaISL
(A)
CITY represents that USER may provide, at USER's own cost, _
catering services for all tour personnel and production
staff.
(8)
The USER shall have all concession rights for merchandise,
food and beverage sales conducted during the USE PERIOD in
Bicentennial Park all food and beverage concessions shall be
conducted in accordance with applicable health regulations.
Prices shall not be in excess of those customarily charged.
(C)
CITY agrees that it has no food or beverage concession
rights during the duration of this Agreement.
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(D)
The USER shall pay all City concession fees including
3
beer/wine permit and booth costs as established and
dtermined by the CITY.
27.
MEnTA
(A)
Control over the number and location of house photographers
and general press photographers throughout the USE PERIOD
shall remain with USER..
(B)
The CITY shall have no interest or right with respect to any
ancillary rights or assets arising out of the performances
including, without limitation, any motion picture, radio or
television broadcasting rights, any merchandising rights or
any corporate sponsorship. During the USE PERIOD, the CITY
'
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shall permit USER to enter the AREA and conduct any
ancillary rights activities at no cost, including without r
limitation, any filming, taping, recording or similar
activities performed by USER in connection with the CONCERT.
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.
(C)
Ali filming or video of events in CITY facilities must be
approved by the Office of Public Information's Film and
Video Coordinator, George Detrio. Without such approval
filming/video shall not be permitted.
28.
I.NSURUME
The USER and or any of its subcontractors or agents shall
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purchase and maintain throughout the period of this USE
AGREEMENT, primary insurance as protection to the CITY. The
list to follow of insurance requirements shall not relieve
or limit the liability of the USSR, but are merely minimums.
A. (1) Commercial General Liability, Comprehensive
General Liability or its equivalent, on an
occurrence form with a minimum limit of
,
$1,000,000 per occurrence covering premises,
operations, bodily injury, property damage,
endorsed for products and completed operations
coverage, independent contractors, contractual
liability, liquor liability, broad form property
damage and other endorsements as may become
applicable.
h (2) Business auto policy with a minimum limit of
$300,000 combined single limit covering bodily
injury, property damage, on all owned, non -owned
and hired vehicles.
c
(3) Workers' Compensation as determined by State Law.
(4) Any other coverage deemed necessary in the course
of business.
Except for Workers' Compensation all policies
listed in 26(1),(2) and (4) above, shall be
1
endorsed to name the CITY as an additional insured
to the extent of the CITY'S interest arising from
this USE AGREEMENT. Failure of the USER to comply
with any of the policy provisions will not void
coverage for the CITY.
To include a severability of interest/cross
liability provision including the CITY.
B. Excess Liability in the amount of $5,000,000 to cover
all exposures.
C. The required insurance shall be so written that the
policy or policies may not be cancelled, non -renewed or
adversely changed ed without thirty (30) days advance
written notice to the City of Miami being delivered to
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the Office of the Risk Management insurance
Coordinator, 300 Biscayne Blvd. Way, Miami, rl.
A Current Certificate of insurance showing present-day
required coverage shall be supplied to the City prior
to commencement of activities under this agreement.
Policies, forms and endorsements shall be provided upon
request to the CITY within five (5) working days.
Insurance policies required above shall be issued by
companies authorized to do business under the laws of
the State of Florida. Unless otherwise accepted by
CITY's Insurance Coordinator, the company must be rated
i
no less than A as to management, and not less than
i
class VII as to financial strength, in accordance with
the latest edition of Best's Key Rating Guide,
published by Alfred M. Best Company, Inc., Oldwick, New
1 Jersey.
D. Receipt of any documentation of insurance by the CITY
or by any of its representatives which indicates less
coverage than required does not constitute a waiver of
the USER'S obligation to fulfill the insurance
i
s requirements herein.
E. The certificate of insurance shall be delivered to the
M.
t City of Miami, Risk Management Department 30 days prior
to comencement of the Use Period.
29. TNDEMNTFIC'ATTON CLAUSE
The USER covenants and agrees that it shall indemnify, hold
harmless, and defend the CITY, its agents, officers and
employees, from and against any and all claims, suits,
' actions, damages or causes of action arising during the
period of this USE AGREEMENT, occurring by act or omission
f of the USER, unless such claims are the result of sole
negligence by the CITY, and any extensions or renewals
hereof, for any bodily injury, sickness, disease, personal
injury, loss of life, damage to property or loss of use
sustained in or on the Premises, by reason of or as a result
of the USER'S use of operations or contractual obligations
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' thereon, and from and against any orders, judgements, or
decrees which may be entered thereon, and from and against
all costs, attorney fees, expenses and liabilities incurred
in and about the defense of any such claim and the
investigation thereof.
30. RISE OF LOSS
The CITY assumes no responsibility whatsoever for any
property placed on the AREA by USER and is expressly
relieved of any and all liability for any loss, injury,
theft, damage, destruction of goods, or loss of use that may
be sustained by reason of the use of the AREA pursuant to
this Agreement.
31. CITY'S RIGHT OF ENTRY
CITY, or any of its properly designated agents,
representatives, or employees, shall have the right to enter
said AREA during the CONCERT to examine and/or inspect the
same.
32. AUTHORITX OF USER
(A) Subject to guidelines mutually established in advance of the
show date, USER shall have the -right at all times to control
that portion of the AREA used for the production and
presentation of the CONCERT, including without limitation,
all internal security matters and internal security
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personnel; to enforce all necessary and proper rules for the
management and operation of the AREA during the Use Period.
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USER and its authorized representatives shall be permitted
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to enter all portions of the AREA used for the production
and presentation of the events at any time and on any
occasion during the USE PERIOD.
(B) Finaldecision-making power as to any matter relating to the
production and presentation of the CONCERT shall be with
USER.
(C) ,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.
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33. &=QRITX OP CITY
Any. matters not herein expressly provided for shall be so
provided at the discretion of the City Manager or his
designated representative, the Director of Parks and
Recreation. The CITY will have an authorized representative
with decision making authority from the Department of Parks
and Recreation available at all times throughout the USE
PERIOD for consultation with USER.
34. DEMAND EQR PAYMENT
The CITY, through the Director of Parks and Recreation, at
Its sole option and discretion, shall be entitled to demand
full payment for any unpaid use 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 or all monies held by
USER's event sponsors for any unpaid use fee, expenses,
surcharge, additional services, accommodations, materials
furnished, cost of repair, rehabilitation, damage
correction, and/or replacement or restoration of AREA as a
consequence of the presentation of the event. The Director
of Parks and Recreation 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.
35. PROHIBITIONS
1 The CITY and USER will use best efforts to ensure that no
cans, bottles, glass containers, banners, fireworks, weapons
or other objects that may be used as missiles, are allowed in
I; the AREA.
36. CANC_.ELLATION
The Use Fee defined in Section 2 shall be forfeited if,
i through the fault of USER and within one week prior to the
CONCERT, or anytime thereafter, the CONCERT is cancelled,
I, except as provided below.
(a) If, through no fault of the CITY, the AREA or any part
thereof shall be damaged, destroyed or rendered unusable by
33. &=QRITX OP CITY
Any. matters not herein expressly provided for shall be so
provided at the discretion of the City Manager or his
designated representative, the Director of Parks and
Recreation. The CITY will have an authorized representative
with decision making authority from the Department of Parks
and Recreation available at all times throughout the USE
PERIOD for consultation with USER.
34. DEMAND EQR PAYMENT
The CITY, through the Director of Parks and Recreation, at
Its sole option and discretion, shall be entitled to demand
full payment for any unpaid use 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 or all monies held by
USER's event sponsors for any unpaid use fee, expenses,
surcharge, additional services, accommodations, materials
furnished, cost of repair, rehabilitation, damage
correction, and/or replacement or restoration of AREA as a
consequence of the presentation of the event. The Director
of Parks and Recreation 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.
35. PROHIBITIONS
1 The CITY and USER will use best efforts to ensure that no
cans, bottles, glass containers, banners, fireworks, weapons
or other objects that may be used as missiles, are allowed in
I; the AREA.
36. CANC_.ELLATION
The Use Fee defined in Section 2 shall be forfeited if,
i through the fault of USER and within one week prior to the
CONCERT, or anytime thereafter, the CONCERT is cancelled,
I, except as provided below.
(a) If, through no fault of the CITY, the AREA 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 performances on
the AREA, 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 AREA
by the United States, the State of Florida, or any other
authority, this Agreement shall terminate with respect to any
such performances as may be thereby affected, without any
liability of either party to the other except as provided in
Section (b) below. In any such event, USER shall not be
it
z liable for (i) any use fee (ii) any expenses referred to
!s which have not been irrevocably incurred with respect to any
ff such performance which is not so conducted.
f
(b) In the event the CONCERT is cancelled for any reason,
including, but not limited to, the reasons set forth in
Section 36(a) hereinabove, USER shall be liable to the CITY
for actual costs incurred pursuant to Section 4 hereinabove
which have been irrevocably incurred in connection with
hosting the performance but shall not be liable to the CITY
for any,lost profits or consequential damages of the CITY.
f'
37. DEFAUL 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.
38. ASSURANCE
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
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enforceable against such party in accordance with the terms
hereof.
39, NONDISCRIMINATION
USSR shall not discriminate as to race, sex, color, creed, '
handicap or national origin in connection with any operation
under this Agreement.
40. 7'FREST C,QNFSRRSD
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.
41, NOTICES
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:
'f
f AS TO USER: AS TO THE CITY:
ti
CELLAR DOOR CONCERTS Cesar H. Odio
OF FLORIDA, INC. City Manager
2190 S.E. 17th St. 3600 Pan American Drive
Ft. Lauderdale, F1. 33316 Miami, FL 33133
cc: Dan Barnett cc: Alberto Ruder, Director
Vice President Parks and Recreation
Cellar Door Concerts Department
of Florida, Inc. 1390 N.W. 7th Street
2190 S.E. 17th St. Miami, FL 33125
Ft. Lauderdale, Fl. 33136
42.MEG -ITY
This Agreement may not be transferred or assigned by USER
without the express written consent of the CITY.
43. c'OURT COOTS 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 reasonable attorney's fees and
costs expended in the collection thereof.
14 of 15 92- 529
t
This agreement will be construed and enforced according to
the laws of the State of Florida and venue shall be in Dade
County.
45. ENTIRE AGREEMENT
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.
IN WITNESS WHEREOF, the parties hereto have individually and
through thoir proper corporate officials executed this Agreement
the day and year first above written.
Attests CITY OF MIAMI, a Municipal
Corporation of the State of
Florida
BY
Matty Hirai Cesar H. Odio
City Clerk City Manager
Witnesses:
USER: CELLAR DOOR CONCERTS
OF FLORIDA, INC.
a Florida for profit
`corporation
ature
Title
(SEAL)
APPROVED AS TO FORM AND
CORRECTNESS:
X. Qusini'jws III c,u,
CITY A EY
15 of 15
CA-� C'2-280
WHEREAS, the Board of Directors of Cellar Concerts of
Florida, Inc. has examined terms, conditions and. obligations of
the proposed Agreement with the City of Miami for use of the
Bicentennial Park.
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 /
CELLAR CONCERTS, INC., that the President( ) or Vice-president(y�/
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
F.E.C. PROPERTY; in acordance with the contract documents
furnished by the City of Miami, and for the price and upon the
terms and payments contained in the proposed agreement submitted
by the City of Miami.
IN WITNESS WHEREOF, this 7 =` day of fit. us r'
a
t�
r
� CITY OF MIAMI, Fr_bAfbA CAm 18
INFER -OFFICE MEMORANDUM
To : gable Mayor and MWbers
of the City Commission
Cesar H. Odic
FROM: City Manager - P
DATE : SE' _ 21992 FILE :
SUBJECT : Resolution: Ratify Manager' a
Actions in Authorizing Concert
at Bicentennial Park
REFERENCES:
ENCLOSURES:
d
it is respectfully reccxm:ended that the City Commission adopt the attached
Resolution ratifying the City Manager's actions in establishing special terms and
conditions for the use of Bicentennial Park on August 22, 1992 for a concert
presented by Cellar Door Concerts of Florida, Inc. and in executing the attached
agreement for this purpose.
In June 1992, the Parks and Recreation Department was approached by Cellar Door
Concerts of Florida, Inc. for permission to present a large outdoor event at
Bicentennial Park on August 22, 1992. The event was to be an all day concert
featuring several musical acts as part of the nationwide "Lollapalooza Tour."
Because of the strong pratmtions, attendance was estimated at 30,000 persons at an
admission charge of $30.00, including the City's ticket surcharge, taxes and ticket
agency fees. Due to the nature of the event, it was recamxmded that modifications
be made to the customary terns, conditions and fees applicable to events held in
City parks.
In a mamora xb m dated June 19, 1992, the City Manager advised the City Commission
of his intent to authorize said event in Bicentennial Park based on a*modified use
fee. Sufficient time did not then exist to complete negotiations for the event and
to prepare the necessary aunt for Commission approval prior to the August
recess of the City Commission.
During subsequent discussions with City staff, the event sponsor agreed to pay a
modified use fee of $3,250 to the City, the applicable ticket surcharge of $1.00
per paid admission, and customary concession and beer/wine permit fees.
Additionally, the sponsor also agreed to provide liability insurance to the City's
requirements, to cover the cost of City services required for the event including
police, event personnel, and cleanup, and to allow the City to operate its
customary event parking on the adjacent F.E.C. Property.
At the time of this writing, the latest revenue projection to the City from this
event is epp Dximately $40,550, consisting of $30,000 in ticket surcharge, $3,250
in the - use fee, $300 in the beer/wine permit fee, $2,000 in concession fees and
$5,000 from event parking (based on a charge of $5.00 per car). The attached
agrelemnt which details complete provisions for the use of this park for the event
was duly prepared and em=ted.
This event was permitted based on its merits of providing substantial revenue to
the City, its recreational and entertainment benefit to the community, and its
ability to .irilcrease public exposure to Bicentennial Park. Ratification of this
action is now requested.
92 529
• Cp-18�--�L,
`_� CITY or. MIAMI, rLORIDA --^�
INTEn-OFFICE MEMORANDUM }
Honorable Mayor and Members
of th City Commission
l.iV ,o r=�
DATE : June 19, 1992 FILE
sugrECT : Concert at Bicentennial Park '24)
Cesar H. Odio REFERENCES:
City Manager
ENCLOSURES: `
i
Please be advised the Department of Parks and Recreation was
recently contacted by representatives of Cellar Door Booking and
Professional Events Services, Inc. to discuss the possibility of
them using Bicentennial Park on August 22, 1992 to present a live
music concert. The representatives indicated it would be a gated
event ($26.50 per ticket), beginning at 12:00 Noon and concluding
at approximately 11:00 P.M. A total of seven (7) bands are
scheduled to perform for an estimated crowd of 30,000 to 40,000
persons throughout the day.
We are currently negotiating a rental rate of $3,500 for an eight
(8) day period (which includes set-up and removal days). We also
will be receiving a ticket surcharge of $1.00 per admission
ticket sold and the appropriate concession and beer/wine permit
' fees.
The Parks and Recreation Department will also be operating the
parking for this event and retaining the revenues."generated after
deducting personnel expenses.
j It is estimated, based on the projected attendance that the City
could generate revenues of between $35,000 and $45,000 for this
one'(1) day event., We recommend this proposal because it insures
a substantial: revenue source for the City with no
investment while providing the community with yet- another
recreational/entertainment activity and increasing the public's
exposure to Bicentennial'Park.
In addition, it is important to note the promoter will be
J,: responsible to provide all required insurances naming the City as
:1 an additional insured, and pay all event related expenses
;# -including but not limited to event personnel, security,
concessions, and beer/wine permit fees.
5
1, CUM
' CEI
JU
ARKS
! 92- 529 DFpA no
. _. _.�.... �TN�r
Metn+as Concert at Bicentennial Pk*
Paget TWO
unb.19 1
i and Cellar
resented to the City► i am
As this request was 'recently rdmoting the show i.mmediatelyt
Door Booking needs to begin p this memora
Do our needs
al for this action through our respected
if I do not hear from Your
will assume
seeki o t 19 9 2 ,
Due to time12 ObtNoont on Monday► June 22►
offices by al and proceed with thisa reements.coi iwgll
your initial aPProv required permits/ g
including the execution of req the City
lace this item on the next abby Commission
then proceed.to P after approval
agenda for formal
the fact
Commission.
have additional,questions, please advise.
Should You
cc: Alberto Rudert Director
Parks and Recreation Dept.
.92- 529