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HomeMy WebLinkAboutR-92-0669. Aw 40� t J-92-712 10/8/92 RESOLUTION NO. 9 w 669 A RESOLUTION ACCEPTING, IN PRINCIPLE, THE PROPOSAL OF AT&T COMMUNICATIONS, INC., ("AT&T") TO SPONSOR THE AMPHITHEATER AT THE MILDRED AND CLAUDE PEPPER BAYFRONT PARK ("PARK"), IN A PROPOSED AMOUNT OF $1,000,000 PAYABLE TO THE BAYFRONT PARK MANAGEMENT TRUST ("TRUST") IN TEN (10) SEMIANNUAL PAYMENTS, PLUS ADDITIONAL "IN -KIND" SERVICES AND INCOME, AS HEREIN DESCRIBED; AUTHORIZING THE CITY MANAGER, THE CITY ATTORNEY, AND A CITY COMMISSIONER TO EXECUTE A CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID FIRM. S WHEREAS, Section 38-72 of the Miami City Code provides that the Trust, an agency and instrumentality of the City of Miami, shall operate the Park for the purpose of ensuring maximum community utilization and enjoyment; and WHEREAS, Section 38-77 of the Miami City Code provides that the Trust shall utilize and encourage the fullest and most active participation and cooperation of private enterprise; and WHEREAS, Section 38-81 of the Miami City Code provides that the Trust shall actively solicit financial support from private business interest; and WHEREAS, in order to develop private funding from individuals and corporations to support programming at the Park, and allow municipal funds to be channeled to other city parks, CITY COMNIISSION MEETING of 0 CT 0 8 1992 Resolution No. 92-- 669 the Trust issued a Request for proposals seeking a corporate sponsor for its amphitheater ("Amphitheater") at the park; and WHEREAS, AT&T Communications, Inc. ("AT&T") submitted the only proposal prior to the September 3, 1992 deadline; and WHEREAS, under the terms of the proposal, AT&T shall pay the Trust a total of $1,000,000 payable in ten semiannual payments, plus additional "in -kind" services; and WHEREAS, under the terms of the proposal, AT&T will not have any operational responsibilities for the Park or the Amphitheater but the Amphitheater shall be named the "AT&T Amphitheater" and said name shall be used in all promotional material, radio and television advertisements; and WHEREAS, under the terms of the proposal, AT&T may erect a marquee, at AT&T's expense, subject to approval by the Trust and the City of design specifications and economic viability, furthermore AT&T is to be responsible for maintenance and operating costs; and WHEREAS, under the terms of the proposal, AT&T shall have the right to host up to five events per year at the Amphitheater subject to its paying all incremental costs such as police, fire and insurance for said stated activities; and WHEREAS, under the terms of the proposal, AT&T shall have no control, influence, or other editorial say in the type, quantity and quality of shows, productions, concerts, festivals, or other -2- 92-- 669 x gatherings at the Amphitheater or the Park approved by the City Commission, City Manager, Trust, or Executive Director of the Trust; 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 proposal of AT&T to sponsor the Amphitheater at the Park, in a proposed amount of $1,000,000 payable to the Trust in ten (10) semiannual payments, plus additional "in -kind" services and income, such as shows and ongoing advertisements to promote the Amphitheater in the City, is hereby accepted in principle. Section 3. The City Manager, the City Attorney, and a City Commissioner are hereby authorized to enter into a contractll, in a form acceptable to the City Attorney, on behalf of the City of Miami and the Trust with AT&T for the sponsorship of said Amphitheater. 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. -3- 92-- 669 Cj Section 4. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 8th ATT &*-,444 MATTY HIRAI, CITY CLERK PREPARED AND APPROVED BY: i CARMEN L. LEON ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: 1/ A./QUZWN Jowsr III CITY ATT7:.-ra:csk Y M3203:CL -4- 92- 669,