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HomeMy WebLinkAboutR-92-0713J-92-756 10/07/92 RESOLUTION NO.9 2 - 713 A RESOLUTION, WITH ATTACHMENT, ESTABLISHING SPECIAL CHARGES, TERMS AND CONDITIONS FOR THE USE OF THE ORANGE BOWL STADIUM BY PREMIER ENTERTAINMENT, INC. FOR THE PRESENTATION OF A HURRICANE RELIEF CONCERT TO BE HELD ON DECEMBER 12, 1992; AUTHORIZING THE CITY MANAGER TO EXECUTE A USE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE, SUBJECT TO THE ORGANIZERS OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE. WHEREAS, the Department of Conferences, Conventions., and Public Facilities seeks to secure quality events for the Orange Bowl Stadium and the enjoyment of the community; and WHEREAS, Premier Entertainment, Inc. is planning to present a musical concert at the Orange Bowl Stadium on December 12, 1992 to benefit Hurricane Andrew victims; and WHEREAS, it is recommended that special charges, terms, and conditions be established for this event; and WHEREAS, Premier Entertainment,'Inc. will cover the expenses of cleanup, trash disposal, event personnel, fire and police personnel at its normal event rate of pay.; and WHEREAS, it is recommended that the applicable City Code $15,000 flat use fee be applied, providing the organization identify the designated nonprofit group which will dAvive revenues from this benefit concert: and IATTACHMENT (S) CONTAINED Giff CObMSSION MEETING OF NOV 1 2 1992 A"Udm no. 92- 70 WHEREASp it is conditioned that the user pay all ticket sellers, ticket takers, security, and the applicable ticket surcharge; and WHEREAS, Section 53-146 (C)(6) of the Code of the City of Miami, Florida, as amended, provides that the City Commission has the right to establish and fix special charges or special terms and conditions for the use of said stadium; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY 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. terms and conditions Section 2., The special charges/ as set forth in the attached agreement are hereby established for the use of the Orange 'Bowl Stadium by Premier Entertainment, Inc. for the presentation of a Hurricane Relief concert on December 12, 1992. Section 3. The City Manager is hereby authorized to execute the attached use agreementl/, in substantially the attached form, between the City of Miami and Premier Entertainment, Inc. 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. 713 -2- 92 " t Section 4. The herein authorizations are hereby conditioned upon the organizers obtaining insurance to protect the City in the amount as prescribed by the City Manager or his designee. Section 4. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 12th day of November 1992. I ATTES MATTY HIRAI, CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: SUARE _3_ 92- 713 *RGE 8oWL S't'Ablum USE AGREEMENT BETWEEN THE CITY OF MIAMI, FLORIDA AND PREMIER ENTERTAINMENT, INC, THIS AGREEMENT made and entered into this day of 1992, by and between the CITY OF MIAMI, a municipal corporation of the State of Florida, hereinafter referred to as the "CITY" and PREMIER ENTERTAINMENT, INC. with its principal office located at 6786 Collins Ave, Suite 21, Miami Beach, Florida 33141, telephone number (305) 957-9114, 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.a portion of the municipal facility of the CITY known as the Orange Bowl Stadium, specifically the playing field and all of the seating areas, hereinafter referred to as the "FACILITY", the said FACILITY to be entered upon or into for the purpose of presenting a Hurricane Relief benefit musical concert, hereinafter referred to as the "EVENT", and for no other purpose whatsoever. 1. Agreement Term./EVENT-Dates: Said use is permitted for the period commencing at 12 Noon on Saturday, December 12, 1992 and terminating at 12 Midnight on that same day, not including set up 'and dismantle times. The above hours of use shall hereinafter be referred to as the "USE PERIOD." Set up and dismantle times, shall hereinafter be referred to as the "USE PERIOD." 2. Use Period: The hours of use for the EVENT shall include set up and dismantle times. Set up shall commence no earlier than 7:00 am on December .10, 1992 and dismantle shall begin immediately upon the conclusion of the EVENT and 90-o�� c,� ,ov, 9 2 — % 3 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 Fees USER agrees to pay the CITY for each use of said FACILITY: Fifteen Thousand Dollars, flat use fee, plus 6.5% State of Florida sales tax, subject to City Commission approval. The organization must also identify the designation of the non-profit group which will derive revenues from this benefit concert. 4. ,Eurcharge. 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: $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. 5. Payment for Additional Services: USER shall pay to the CITY, on demand, such sum or sums as may be due to said CITY for additional services, accommodation or material furnished = to said USER for the EVENT. 6. Damage Repair: USER _shall pay to the CITY the cost of any 1 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: The minimum guaranteed portion of all USE FEES and applicable taxes, shall be due ten (10) days prior to the use of said FACILITY for the immediate USE PERIOD. 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. 8. 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 2 - 92- 713 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 agent in connection with the EVENT. 9. Forfeit 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 date and time 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 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. 11. Admission and Tickets: 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 - 3 - 92- 713 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. 12. Qompl mentary Tickets: CITY shall permit USER to to utilize a maximum of 5% of the total tickets printed for each EVENT as complimentary Tickets for promotional purposes. USER shall furnish to the DIRECTOR fifty (50) complimentary tickets for the EVENT for the purpose of promoting the CITY and the FACILITY for future events. 13. Attendance Limitation: A maximum attendance• -of 65,000 persons will be permitted for the EVENT and no more than that number of tickets shall be printed. 14. Gate- -Opening- and Times of Performance: 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. 15: 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 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. 16. Condition of FACILITY:, 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. 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. 18. Restriction for PlayiUg 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. - 4 - 92- 713 Sc 0 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. 21. Right of Entry: The CITY reserves the right to enter upon the FACILITY premises at any time during the USE PERIOD as it deems necessary. 22. Occuy)ational License: Any and all required occupational license(s) for USER's commercial activity or that of its agents shall be secured by USER from the CITY's Tax and License Division, Treasury Management, 3006 Aviation Avenue, Miami, Florida. Said licdnse(s) shall be presented to the DIRECTOR, or designee, prior to the start of the AGREEMENT TERM and shall be attached to this agreement. Said license(s) are required in accordance with Chapter 31 of the Code of the City of Miami. 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. 24. CITY Staffing: 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. - 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. - 5 - 92- 713 0 25. 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. 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 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. 27. 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 conclusion of each 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. 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 6 - 92- 713 maw 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 the 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. Parking; 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, 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 shall be entitled to 10 W 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 Frights 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. - 7 - 92- 713 The sale of food or beverages by the USER is strictly prohibited. 32. 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 G 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. 33. 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 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 FACILITY are not open to the general public. 34. 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 Key Rating Code. The CITY is to be provided with a copy of such insurance policies and a certificate of same. 35. 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. - s - 92- %3 36. 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. 37. 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. 38. Nondiscrimination: 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. 39. Intent of Agreement: The parties intend that this document shall -be a License Agreement and that no leasehold interest is conferred upon the USER. 40. 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.- 41. Nonassignment: This Agreement may not be transferred or assigned by USER without the express written consent of the CITY. 42. -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. 43. Amendments: No amendments to this Agreement shall be binding on either party unless in writing and signed by both parties. '92- 713 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 ATTESTS Florida: Matty Hirai, City Clerk Cesar H. Odio, City Manager USER: Premier Entertainment, Inc., a for -profit Florida ATTEST: corporation Corporate Secretary (signature) i (print name and title) - (SEAL) APPROVED AS TO INSURANCE: APPROVED AS TO FORM AND i CORRECTNESS: Sujan Chhabra, Director A: Quinn Jones, III Risk Management Department City Attorney APPROVED AS TO DEPARTMENTAL REQUIREMENTS:. i �Lf-, t Tony Pajares, Director Department of Conferences, Conventions and Public Facilities -io- 92- 713 WHEREAS, the Board of Directors of PREMIER. ENTERTAINMENT 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 PREMIER ENTERTAINMENT INC., has examined terms, conditions and obligations of the i 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 PREMIER 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 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. 92- .'71.3 Attest: Corporate Secretary Signature CHAIRMAN, Board of Directors t By (Signature) Print or Type Name (SEAL) I Print or Type Name EXHIBIT 1 92- 713 T ez CITY OF MIAMI, FLORIDA A INTER -OFFICE MEMORANDUM CAM15 TO Honorable Mayor and Members of th ity Commission FROM : Cesar H. Odio City Manager 1if .1OO DATE : �� FILE W Fo:a72 SUBJECT : Resolution for Hurricane Relief concert at the Orange Bowl Stadium REFERENCES: ENCLOSURES: It is respectfully recommended that the City Commission adopt the attached resolution establishing special charges, terms and conditions for the use of the Orange Bowl Stadium by Premier Entertainment, Inc. for the presentation of a Hurricane Relief concert at that facility to be held on December 12, 1992 and authorizing the City Manager to execute a use agreement for this purpose. �meizleii Mks The Department of has prepared the organization has Hurricane Relief c a flat use fee of attached legislat: Conferences, Conventions and Public Facilities attached legislation. The above referenced requested the use of the stadium for this ;oncert. Because of the nature of this concert, $15,000 is recommended as per requested in the Lon. They have offered to pay the ticket surcharge, plus personnel and operating expenses for the event. . . 92— 713 Oh-/S-1 PREMIER ENTERTAINMENT, INC. REVENUE/EXPENSE PROJECTIONS ORANGE BOWS, STADIUM DECEMBER 12, 1992 Attendance: 65,000(average) Use Pee: $15,000 Surcharges $1.00 Concessions: $2.50 per cap Parking: $5.00 REVENUES Use Fee Surcharge Concessions Parking TOTAL EXPENSES Parking"Personnel NET REVENUE 15,000 65,000 68,412 25,000 $173,412 2,000 $171,412