HomeMy WebLinkAboutR-91-0007J-91-32
11/30/90
RESOLUTION NO.
A RESOLUTION, WITH ATTACHMENT, ESTABLISHING
SPECIAL CHARGES, TERMS, AND CONDITIONS FOR
THE USE OF THE MIAMI BASEBALL STADIUM BY
WINTERBALL, INC. FOR THE PRESENTATION OF THE
WINTERBALL - SERIE DEL CARIBE ON AN ANNUAL
BASIS FOR THE YEARS 1991-1992 WITH A RENEWAL
OPTION FOR 1993-1995 ON SELECTED DATES IN
FEBRUARY OF EACH YEAR; FURTHER AUTHORIZING
THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE
CITY OF MIAMI AND SAID ORGANIZATION FOR THIS
PURPOSE, AND SUBJECT TO THE ORGANIZERS
OBTAINING INSURANCE TO PROTECT THE CITY IN
THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER
OR HIS DESIGNEE.
WHEREAS, the City of Miami Department of Conferences,
Conventions, and Public Facilities is responsible for the
operation of the Bobby Maduro Stadium and seeks to secure various
sporting and other events at said facility; and
WHEREAS, Winterball Inc. wishes to conduct Winterball -
Serie del Caribe, an international sporting event, in said
stadium annually on selected dates in February 1991 and 1992,
with the option to present the same event in 1993-1995 if
successful to both parties;
WHEREAS, said events
and
consist of thirteen games on
approximately nine event days each year which are expected to
attract 10,000 attendees per series day; and
WHEREAS, the Director of the Department of Conferences,
1
Conventions and Public Facilities and the City Manager have
determined that modifications to the standard use charges, terms
and conditions as specified in the City Code are appropriate for
said events and recommend approval of same; and
WHEREAS, Winterball, Inc. and the Administration of the City
recommend that the fee for the use of the Stadium for each series
be equal to a percentage of gross ticket sales receipts on a
sliding scale basis as follows: 5% to the City if gross
i
admission revenues exceed $800,000, 7.5% if over $900,000 and 10%
if over $1,000,000; and
ATTACHMENTS
CONTAINED
CITY COMMISSION
MEETING OF
J AN 10 1991
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WHEREAS, Winterball will further guarantee a net profit of
$40,000 to the City per Series each year from use fees, the
ticket surcharge, food and beverage concessions and parking
revenues; and
WHEREAS, said organization will collect and pay to the City
all applicable surcharges, will cover police expenses for each
game and will receive 30% of City's food and beverage concession
revenue; ana
WHEREAS, the Department of Conferences, Conventions and
Public Facilities has prepared an agreement for the City
Manager's signature which delineates the various charges, terms
and conditions for said use, and which contains provision for
subsequent negotiations for an additional three year contract
beginning in February 1993; and
WHEREAS, the modified charges, terms and conditions of the
proposed use will not have adverse affect on the revenues of said
facility but will assist in securing significant additional
revenues to the City in the form of added stadium use fees,
surcharge, parking and concession revenue; and
WHEREAS, said Director and the City Manager have determined
that such modifications are appropriate for this annual event;
and
WHEREAS, Section 53-131(C)(7) 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 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 as set
forth in the attached agreement for use of the Miami Stadium by
Winterball, Inc. are hereby established for said organization's
presentation of the Winterball - Serie del Caribe on an annual
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basis for the years 1991-1992 with a renewal option for 1993-1995
on selected dates in February of each year.
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 Winterball, Inc.
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 5. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 10th day of Januar
XAVIER L.( S�JAREZ
MAYOR
T
HIRAI, CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:
J0116GE L. 'F RNANDEZ ,
CI Y ATTO EY
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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USE AGREEMENT
BETWEEN THE CITY OF MIAMI, FLORIDA
AND WINTERBALL, INC.
THIS AGREEMENT made and entered into this day of
19_, by and between the CITY OF MIAMI, a municipal
corporation of the State of Florida, hereinafter referred to as
the "CITY" and WINTERBALL, INC., a for profit Delaware
corporation with its principal office located at 1101 Wilson
Boulevard, Arlington, Virginia, telephone number (703) 276-3030,
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 annually presenting Winterball - Serie del
Caribe, hereinafter referred to as the "EVENT(S)", and for no
other purpose whatsoever.
1. Agreement Term -/EVENT Dates: Said use is permitted on
selected dates during the period commencing on or about
February 1 and terminating on or about February 22 during
the years 1991-1992, hereinafter referred to as the
"AGREEMENT TERM", subject to the approval of the Director of
Conferences, Conventions and Public Facilities (hereinafter
referred to as the "DIRECTOR") or designee.
2. Renewal Option: The parties shall have the option of
renewal for an additional three year period to commence on
or about February 1, 1993 and terminate on or about
February 15, 1995. Upon the exercise of this option, the
terms of this agreement shall be renegotiated.
3. UsePeriod: Said use for the 1991 EVENT shall be
permitted for the period commencing at 8:00 a.m. on
Saturday, February 2, 1991 and terminating at 12:00 midnight
on Sunday, February 18, 1991, not including set up and
dismantle times. Set up shall commence no earlier than
8:00am on January 28, 1991 and dismantle shall begin
immediately upon the conclusion of the EVENTS and conclude
by 5:00 pm on February 22, 1991, unless otherwise mandated
by the DIRECTOR or designee. The above hours of use,
including set up and dismantle times, shall hereinafter be
referred to as the "USE PERIOD". The USE PERIOD for the 1992
EVENT and any option years shall be determined upon mutual
approval of the parties.
4. Payment of Past Debt: USER agrees to assume the debt of all
monies owed by Polysport, Inc. to the CITY in connection
with the 1990 Caribbean Series held at the Orange Bowl
Stadium on February 2-11, 1990, which the parties
s� agree is
$43,508.51. USER shall pay CITY said debt Rfrom S
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monies and advance and/or walk-up ticket sales until the
debt is completely satisfied. CITY shall have the
right to monitor all incoming monies to USER to ensure that
the entire debt is satisfied prior to monies being paid out
by USER for Winterball I. USER agrees that the complete debt
shall be satisfied prior to the first game of the 1991
EVENT.
5. Minimum Guarantee: USER guarantees the CITY a minimum
profit (for the purpose of this agreement, "profit" shall be
defined as the sum of CITY use fee, ticket surcharge, food
and beverage concessions, and parking revenues, less
reasonable and actual CITY expenses) of $40,000.00 for each
annual EVENT, regardless of the number of games actually
played during each annual USE PERIOD. In the event that
CITY profit upon the conclusion of each annual EVENT is less
than $40,000.00, USER shall immediately remit to CITY the
difference between actual CITY profit and the $40,000.00
guarantee.
6. Deposit: USER shall submit to CITY a non-refundable deposit
of $10,000.00 to be paid on or before January 15, 1991.
Said deposit shall be used in the calculation to determine
CITY profit.
7. Use Fee: USER agrees to pay the CITY for each annual EVENT
for the use of the FACILITY a "USE FEE" in accordance with
the following schedule:
a. If gross ticket revenues are between $800,000.00 and
$900,000.00, the CITY will receive a USE FEE equal to 5%
of total gross ticket revenue, plus 6% State of Florida
use tax.
b. If gross ticket revenues are between $900,000.00 and
$1,000,000.00, the CITY will receive a use fee equal to
7.5% of total gross ticket revenue, plus 6% State of
Florida use tax.
c. If gross ticket revenues are greater than $1,000,000.00,
the CITY will receive a USE FEE equal to 10% of total
gross ticket revenue, plus 6% State of Florida use tax.
d. USER warrants that the average price of tickets sold, not
including complimentary tickets as described below, less
6% State of Florida sales tax and CITY ticket surcharge,
will be no less than $8.01. The total gross ticket
revenue will be calculated by CITY as follows: total paid
attendance multiplied by $8.01 or the sum of paid
attendance for each ticket price multiplied by that
individual ticket price exclusive of State of Florida
sales tax and CITY ticket surcharge, whichever is
greater. This amount will be used to determine the USE
FEE in accordance with paragraph 7 herein.
8. 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,
unless otherwise amended by CITY Ordinance during the term
of this agreement.
Price of Admission Surcharae
$1.00 to $5.00 $0.50
$5.01 to $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. USER shall
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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.
9. Payment for Additional Services: USER shall pay to the
CITY, on demand and itemization of charges, such sum or sums
as may be due to said CITY for additional services,
accommodations or material furnished to said USER for the
EVENTS. CITY may erect the partitions desired by USER in
the press box, provided that there is no permanent
alteration. USER shall pay any cost associated with erecting
said partitions. CITY and USER hereby agree to place as many
bleachers as are obtainable and physically possible to fit
along the left and right field foul lines. Any cost
associated with the bleachers shall be paid by USER.
10. Damage Repair: USER shall pay to the CITY the reasonable
cost of any repair, rehabilitation, damage correction,
replacement or restoration of the FACILITY, or to defray any
other unusual but reasonable expense borne by the CITY as a
consequence of presentation of the EVENTS.
11. 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 decribed 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. Said monies collected by
CITY shall be used to pay EVENT personnel, cleanup services,
and other actual CITY expenses, if any.
12. Forfeit for Cancellation• All advanced sums, or advanced
payments for services shall be forfeited if, through the
fault of the USER, the EVENTS are not held on the dates and
times contracted.
13. Audit Rigs
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(S). Said
audit shall be submitted to the department no later
than ninety (90) 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.
14. Complimentary Tickets: USER shall provide the DIRECTOR or
designee with two hundred (200) complimentary tickets for
each game or in any combination for a cumulative total of
2,400 during each annual EVENT for the purpose of promoting
the facility for future events. CITY shall permit USER to
distribute up to four hundred (400) complimentary tickets
for each game or in any combination for a cumulative total
of 4,800 during each annual EVENT. All complimentary
tickets issued in excess of 4,800 shall have a value equal
to the face value of the ticket and shall be included in the
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calculation to determine gross ticket revenue as described
in paragraph 7 of this agreement. All complimentary tickets
must be printed as "COMPLIMENTARY TICKETS".
15. Gate Opening and Time of Performance: Gates are to be
opened at least two hours prier to the start of each 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.
16. 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.
17. 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. Subject to the foregoing, USER agrees to accept said
FACILITY in an "as is" condition at the start of the USE
PERIOD.
18. Utilities. Items Furnished by CITY: CITY agrees to furnish,
at its expense, except as may be otherwise provided herein,
electricity for ordinary use (including the illumination of
the FACILITY for night games), water for all reasonable
purposes, restroom supplies and nothing else.
19. 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.
20. 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.
21. 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.
22. Right of Entry: The CITY reserves the right to enter upon
the FACILITY at any time during the USE PERIOD as it deems
necessary.
23. Occupational 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 license(s) shall be presented to the
DIRECTOR, or designee, prior to the start of the USE PERIOD
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.
24. EVENT Staff and Supplies Furnished by USER: USER shall
furnish, at its sole cost and expense, ticket sellers, all
umpires, game personnel, and all supplies and consumable
goods for the dugout areas and locker rooms, including
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without limitation, ice, soft drinks, towels, and soap.
25. EVENT Personnel: If EVENT personnel staffing is required by
the 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, ticket takers, ushers, security
personnel, 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.
26. 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 EVENTS. 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 EVENTS and shall assist
USER in complying with such agreements.
27. 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 each EVENT shall be as
stipulated by the Fire Marshal and approved by the DIRECTOR
or designee. The CITY shall be responsible for the payment
of Fire Department services and such expense shall be
included in the calculation to determine CITY profit in
accordance with paragraph 5 herein.
28. 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 staffing necessary for
adequate crowd control, traffic circulation and safety
prior to, during and after the EVENT(S). USER shall be
responsible for the direct payment of designated Police
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.
29. Clean-up and Dismantle:
a. USER shall be responsible for the payment to a cleaning
contractor to clean up the FACILITY after each EVENT
day has ended. The disposal of the trash from the
FACILITY may only be performed by the CITY's Solid
Waste Department.
b. USER agrees to tear down and remove all USER effects
immediately after the last EVENT has ended, and shall
be completed not later than twenty-four hours after the
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conclusion of the last EVENT, unless otherwise approved
by the DIRECTOR or designee.
30. 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,
and which are not presently in place, at USER's sole cost
and expense.
The CITY reserves the right to remove from the FACILITY 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.
31. Concession Rights: It is understood that concession rights
for all events at the 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, posters, and other
common souvenir items. USER has the sole right to
"authorize" all souvenir items. Such items offered for sale
to the public are subject to the advance approval of the
DIRECTOR or designee, which approval shall not be
unreasonably withheld. The sale of food or beverages by
the USER is strictly prohibited. CITY will rebate to USER
30% of CITY's portion of food and beverage concession
revenue. This amount will be included in CITY's expenses in
order to compute CITY's profit.
32. Parkins:
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.
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.
d. CITY will provide USER with sixty (60) parking spaces
for each game at no charge to be distributed at USER' s
discretion to players, coaches, umpires, sponsors,
employees, etc... whose presence is required for the
EVENT.
33. 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 employee;; the USER shall
further indemnify CITY as to all costs, attorney's fees,
expenses and liabilities incurred in the defense of any such
claims and the investigation thereof.
34. Risk of Loss: The CITY shall not be liable for any loss,
bodily injury or damage to any personal property or
equipment of the USER, or anyone whomsoever, during any
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times the FACILITY is under the control of and occupied by _
the USER. All personal property placed or moved on the _—
subject 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 on 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. It
35. Insurance: Liability Insurance is required of USER and is
to be cleared through the office of the CITY's Risk
Management Division, Insurance Coordinator, 174 E. Flagler
Street, Miami, Florida, 33131, telephone 372-4515. 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 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.
36. 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. USER shall have thirty (30) days after it has
received written notice from CITY to completely cure the
provisions in question of default. If the agreement is
terminated, all payments, advances, or other compensation
paid by USER while in default of the provisions herein
contained, shall be forthwith retained by CITY.
37. Assurances: Each party represents to the other that it has
the power to enter into this Agreement and to grant and
accept the license herein granted and accepted, as the case
may be, and that the consent of no other person or entity
(governmental or otherwise) is required in connection
therewith, except as otherwise provided in this Agreement
and that this Agreement constitutes a valid and binding
obligation of such party, enforceable against such party in
accordance with the terms hereof.
38. Binding Agreement: All terms and conditions of this written
Agreement shall be binding upon the parties, heirs and
assigns, and cannot be varied or waived by any oral
representation or promise of any agent of the parties hereto
or other person unless the same be in writing and mutually
signed by the duly authorized agent or agents executing this
Agreement.
39. 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.
40. Intent of Agreement: The parties intend that this document
shall be a License Agreement and that no leasehold interest
is conferred upon the USER.
41. Court Costs and 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 abitration arising from this Agreement
shall be located within Dade County, Florida.
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42. Nonassignment: This Agreement may not be transferred or
assigned by the USER without the express written consent of
the CITY.
43. Entire Agreement: This instrument and its attachments
constitute the sole and only Agreement of the parties hereto
relating to the use of the FACILITY and correctly sets forth
the rights, duties, and obligations of each to each other as
of its date. Any prior agreements, promises, negotiations,
or representations not expressly set forth in this Agreement
are of no force or effect.
44. Amendments: No amendments to this Agreement shall be
binding on either party unless in writing and signed by both
parties.
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:
Segundo Perez
Insurance Coordinator
CITY: THE CITY OF MIAMI, a
municipal corporation of the
State of Florida:
Cesar H. Odio, City Manager
USER: WINTERBALL, INC., a for -
profit Delaware corporation
signature
print name
title
(SEAL)
APPROVED AS TO FORM AND
CORRECTNESS:
Jorge L. Fernandez
City Attorney
APPROVED AS TO DEPARTMENTAL REQUIREMENTS:
Tony Pajares, Director
Department of Conferences, Conventions,
and Public Facilities
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WHEREAS, the Board of Directors of WINTERBALL, 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 WINTERBALL.
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
WINTERBALL. INC., that the President ( ) or Vice-president( ) or
Secretary( ) (please check one) is hereby authorized and
i
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
i
price and upon the terms and payments contained in the proposed
contract submitted by the CITY of Miami.
IN WITNESS WHEREOF, this day of , 19
CHAIRMAN, Board of Directors
By
(Signature)
Print or Type Name
Attest: (SEAL)
Corporate Secretary Signature
Print or Type Name
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91.- 07
CITY OF MIAMI, FLORIDA CAM10
INTER -OFFICE MEMORANDUM
TO : Honorable Mayor and Members DATE : - FILE:
of the City Commission JAN 1991
SUBJECT : Resolution establishing
fees for Winterball -
Serie del Caribe Games
FROM : A REFERENCES:at Bobby Maduro Stadium
Cesar H. O
City Manage ENCLOSURES:
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 Winterball, Inc. for the presentation of the Winterball -
Serie del Caribe on an annual basis for the years 1991-1992 with
a renewal option for 1993-1995 on selected dates.in February of
each year. The legislation would also authorize the City Manager
to execute an agreement with this organization for this purpose.
The Department of Conferences, Conventions, and Public Facilities
_ has been working with Winterball, Inc. to complete arrangements
for the presentation of the annual Winterball - Serie del Caribe
games at the Bobby Maduro Stadium. This organization wishes to
present the Series on an annual basis for the years 1991-1992
with a renewal option for 1993-1995 on selected dates in February
of each year. Each Series consists of approximately thirteen
games over a nine day period and attendance is estimated at
10,000 per day.
The Administration has determined that modifications to the
standard use charges, terms and conditions as specified in the
City Code are appropriate for these events and has prepared an
agreement with Winterball which delineates the various revised
charges, terms and conditions for said use. Under the terms of
the Agreement, the City will receive a use fee equal to a
percentage of gross ticket sales receipts on a sliding scale
basis: 5% for revenue over $800,000, 7.5% over $900,000 or 10%
over $1,000,000.
Winterball will also collect and pay to the City all applicable
surcharges, will cover police expenses for each game and will
receive 30% of City's food and beverage concession revenue.
Winterball will further guarantee the City a net profit -(gross,
revenues less all City expenses) of $40,000 for each annual event
91- 07
,:/N._
Honorable Mayor and Members
of the City Commission
Reso. establishing fees for
Winterball- Serie del Caribe
page 2
from use fees, the ticket surcharge, food and beverage
concessions and parking revenues.
WINTERBALL I
REVENUE/EXPENSE PROJECTIONS
MIAMI BASEBALL STADIUM
FEBRUARY 2 - 10, 1991
Attendance : 6500 per game
Use Fee : $0.00 based on sliding scale
Surcharge : $0.75
Concessions: $3.80 per cap
Parking $4.00
REVENUES
Use Fee $ -0-
Surcharge $43,875
Parking $18,500
Concessions $93,588
TOTAL $155,963
EXPENSES
Event Personnel
$
61000
Lights
$
41500
Fire Department
$
91000
Ticket Takers/Ushers
$
91000
Parking Personnel
$
41500
Clean-up
$
31510
Trash Disposal
$
21000
Concession Rebate
$28,100
TOTAL <$66,610>
NET REVENUE $89,353