HomeMy WebLinkAboutR-91-0192J-91-217
03/05/91
RESOLUTION NO. :) f � 1- 9 2
A RESOLUTION, WITH ATTACHMENT, ESTABLISHING
SPECIAL CHARGES FOR THE USE OF THE BOBBY
MADURO MIAMI BASEBALL STADIUM BY VIOLETTE
1 ATHLETIC CLUB FOR THE SAID ORGANIZATION'S
PRESENTATION OF AMATEUR SOCCER GAMES ON
APPROXIMATELY TWENTY-FOUR (24) EVENT DAYS
DURING THE PERIOD FROM MARCH 17 THROUGH
AUGUST 25, 1991; 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 Department of Conferences, Conventions, and
Public Facilities is responsible for the operation of the Bobby
Maduro Miami Baseball Stadium and seeks to secure the
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presentation of cultural and athletic events at said facility;
and
WHEREAS, the Violette Athletic Club wishes to conduct
amateur soccer games on approximately twenty-four (24) event days
at said facility; and
WHEREAS, the Director of the Department of Conferences,
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Conventions, and Public Facilities has determined that a special
"flat" use charge of $250 per day for said soccer games will not;
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adversely affect the revenue operation at said facility; and
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WHEREAS, said organization has agreed to cover stadium
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operational expenses for said games and will assess a surcharge
of fifty cents ($0.50) per paid admission for all games in
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accordance with Ordinance No. 10439, as amended; 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 for the use of
said stadium;
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FATTACHMENT5
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NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
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OE MINI, FLORIDA:
Section I. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
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thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The special charges as set forth in the
attached agreement for the use of the Bobby Maduro Miami Baseball.
Stadium by Violette Athletic Club are hereby established for said
organization's presentation of amateur soccer games on
approximately twenty-four (24) event days during the period from
March 17 through August 25, 1991.
Section 3. The City Manager is hereby authorized to
in substantially- the
execute the attached use agreement,
attached form, between the City of Miami and Violette Athletic
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Club.
Section 4. The herein authorizations is hereby
conditioned upon the organizers obtaining insurance to protect
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the City in the amount as prescribed `by the City Manager or his
designee.:
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Section;5. This Resolution shall become effective
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immediately upon its adoption.
PASSED-A.ND ADOPTED this 14th day of March 1991..
XAVIER L. U EZ, OR
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,-.CITY CLERK,
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APPROVED TO FORM AND CORRECTNESS:
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Thy.. i rain euthor zation is further subject to Compliance with
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aiiaquirezasnta that nay be i:npQsed ey,
limited to those prescribed by applicable City►
nc3 u .ng but not
Charter And Code provisions.
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PO
USA REEMENT i
BETWEEN THE XTY OF MIAMI ANb
VIOLETTE ATHLETIC CLUB
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THIS AGREEMENT made and entered into this ::_.. day of
19 by and between the CITY OF MIAMI, a municipal
5. Surcharge: Based upon anactual admission price, excluding
takes, -USER shall levy and collect on behalf of the CITY, a
ticket surcharge on each paid admission. The amount of the
surcharge shall be based on the admission price as follows:
Price of Admission Surcharge
$1.00 to $5.00 $0.50
$5.01 to $15.00 $0.75
$15.01 and Over $1.00
USER shall record collection of the surcharge and shall list
such revenue as a separate item in the statement of accounts
for each EVENT. Ticket surcharge revenue shall be paid upon
demand, and/or as soon as possible after the conclusion of
each EVENT, in accordance with City Code provisions and the
terms of this Agreement.
6. Payment for Additional—Servicest USER shall pay to the
CITY, on demand, such sum or sums as may be due to said CITY
for additional services, accommodations or material
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furnished to said USER for each EVENT.
7. 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
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other unusual but reasonable expense borne by the CITY as a
consequence of presentation of the EVENTS.
8.
Payments Due: The USE FEE and applicable taxes for each
EVENT shall be paid no later than (5) days prior to each
EVENT. Any other sums due CITY pursuant to this Agreement,
including the ticket surcharge, field lighting, cleanup, and
personnel expenses, shall be paid as soon as possible after
the conclusion of each EVENT.
9.
Forfeit for Cancellations All advanced sums, or advanced
payments for services shall be forfeited if, through the
fault of the USER, the EVENT is not held during the USE
PERIOD.
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10.
Audit Ri ts`
a. CITY reserves the right to audit the records of ,USER at,
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any time during the term of this Agreement and for a
period of three years after the final payment is made
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under this Agreement.
b. If so requested by CITY, USER shall submit to the"
Department of Parks, Recreation, and Public Facilities
an independent audit by a certified public accountant-.
Said audit must include the expression of an opinion as
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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
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most recent Federal Income Tax return;
11.
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 allowedn
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the FACILITY.
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o_Iidit tl,�Q ;. GILi,M CITY represents and warrants that
the FACILITY and its fixtures and furnishings will be. clean,
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in cjood order and repair, and reasonably fit for the puspone
for.which they are to be used, in safe coedit on fog thw uoe.
untended and will be free of defects 'which woo prevent 'or
i pdde he proper conduct ` of the VVSI�M -'U�SFR; egress: t6�'
accept s4id FACILITY in an "as is" condition At the stsrt of
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each V5E PERIOD.
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13. utilitien..Ytgms...Furnishell by CtTYs 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.
14. Restriction._for_.Playing Fields USSR 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 Stadium.
15. 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.
16. 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.
17. Right of Entry: The CITY reserves the right to enter upon
the FACILITY at any time during the USE PERIODS as it deems
necessary.
18. EVENT Staff and SuFplies Furnished by USERS 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. USER
shall also furnish, at its sole cost and expense, all game
officials and gamefield personnel, and all supplies and
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consumable goods for the sideline areas, locker rooms, game
officials' room, including without limitation, ice, soft
drinks, towels, and soap.
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, sound technicians, stadium
assistants, groundsmen, elevator operators, and others
necessary for the proper conduct of the EVENTS. 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 PERIOS.
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.
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
MISER in complying with such agreements.
ZUA safety: .USER shall provide a diagram of the proposed
EVENT layout to the office of Fire Prevention, 275 N.W. end
Street, Miami, Fl, and obtain permits required by the Code
of the CITY of Miami, relative to fire safety; f .re
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Department manpower requInements for each EVENT shall be as
stipulated by the Fire Ma shal and approved by the DIRECTOR
or designee. The USER shall be responsible for the payment -
of Fire Department servicefr.'-
22. 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 3
circulation and safety and/or other required security
prior to, during and after the EVENTS. 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 EVENTS, 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.
23.
Clean-u2 and Dismantle:
a. USER agrees to pay for a cleaning contractor to clean
up the FACILITY after each USE PERIOD (EVENT day) has ended.
If the FACILITY is not properly cleaned, the CITY has the
right to order the cleaning of the site and charge•the USER
for the cleaning. The hauling of the trash from the
FACILITY may only 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 EVENT has ended, and shall ..be
completed no later than twenty-four hours after each EVENT..
24.
Placement and Removal of USER Effects: USER will be
responsible to install whatever lighting, staging, props
and/or strictures are required for the conduct of the EVENTS
at USER's sole cost and expense.
The CITY reserves the right to remove from the premises all
USER effects remaining in or on the grounds of the FACILITY
after the end of each USE PERIOD at the.expense of the USER,
or the CITY may charge storage, at the same rate stated .in
Paragraph 4 of this Agreement, for each day or part of a day
that said effects remain in or on the grounds of the
FACILITY after the end of each USE PERIOD.
25.
G20922lign Bights: It is understood that concession rights
for all events at the FACILITY belong to the CITY.
26.
Rarkingt It is understood that all parking revenue belongs
to the CITY.
27.
rpoikMailigations The USER shall indemnify and save harmieso
foreverthe CITY, and all the CITY's agents, officers and
employees from and against all charges or claims resulting
from any bodily in jury, loss of life, or damage to prbperty,
from any act, omiesion or neglect,, by: itself ox3;.its
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employees; the USSR shell become defendant in eve
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brought for any of such ses 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 if%dkred in the defense of any such
claims and the investigation thereof.
28.
Rig of. Loan: The CITY shall not be liable for any loss#
bodily injury or damage to any personal property or
equipment of the USER, or anyone whomsoever, during any
times the premises are under the control of and occupied by
the USER. All personal property placed or moved oft 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 USE PERIODS, including setup and
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dismantle times and, in particular, during those hours of
each USE PERIOD when the premises are not open to the
general public.
29.
Insurances 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, 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
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Key Rating Code. The CITY is to be provided with a copy of
such insurance policies and a certificate of same.
30.
Default Provisions 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.
31.
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.
32.
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
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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.
33.
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.
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34.
Jntga% of Agreg=nt s The parties intend that this document
shall be a License Agreement and that no leasehold interest
is conferred upon the USER.
35.
Cart Canto and AtWrasya room I if it becomes necessary
for the CITY to institute proceedings to collect any Mon
due it by USER, USER agrees to pay any and all court dosts
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reasonable attorney, a faTs and other expanses incurred in
the collection thereof. USER agrees that venue in any
litigat-ion and/or abitration arising from this Agreement
shall be located within 0&6-County, Florida.
36, Honassi2=gnt: This Agreement may not be transferred or
assigned by the USER without the express written consent of
the CITY.
37. Entire agreements This instrument and its attachments
constitute the sole and only Agreement of the parties hereto
relating to the use of the FACILITY and correctly sots 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.
38. 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: CITY: THE CITY OF MIAMI, a
municipal corporation of the
State of Florida:
Matty Hirai, City Clerk Cesar H. Odlo, City Manager
USER: VIOLETTE ATHLETIC CLUB
a Florida non-profit
corporation
Corporate Secretary (signature)
APPROVED AS TO INSURAN
Segundo Perez
Insurance Coordinator
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(print name)
(title)
(SEAL)
.E: APPROVED AS TO FORM AND
CORRECTNESS:
Jorge L. Fernandez
City attorney
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WHEREAS, the Board of Directors of VIOLETTE .ATHLETTC_CLUB
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 VIOLETTE A.►THL•ETIC:CLUH
has examined terms, conditions and obligations of the proposed
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Agreement with the CITY for said use; and
WHEREAS, the Board of Directors at a duly held corporate
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meeting has considered the matter in accordance with the By -Laws
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of the.corporation;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS of
VIOLETTE ATHLETIC CLUB that the President ( ) or Vice-
president( ) or Secretary( ) (please check one) is hereby
authorized and instructed to enter into a contract in the name of
and on _behalf of this corporation with the CITY of Miami for the
use of the BOBBY MADURO MIAMI BASEBALL STADIUM in accordance with
the contract documents furnished by the CITY of Miami, and for -
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the price and upon the terms and payments contained in the _
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proposed contract submitted by the CITY of Miami.
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IN WITNESS WHEREOF, this day of 19
,
CHAIRMAN, Board of Directors
By
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(Signature)
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Print or Type Name-17
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Attests ( SEAL) f
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Corporate Secretary Signature
Print or Type Name
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EXHIBIT 1
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s CI i Y OF MIAMI, FL6AIbA
INTS-OFFICE MEMORANDUM CA=14
7O Honorable Mayor and Members DAtE F E B Z 71991 FILE
of the City Commission
susJEct : Resolution for Soccer
Matches at Miami
Baseball Stadium
FROM : REFERENCES:
Cesar H. odio
City Manager ENCLOSURES:
It is respectfully recommended that the City Commission adopt the
attached resolution establishing special charges for the use of
the Bobby Maduro Miami Baseball Stadium by Violette Athletic Club
for the presentation of amateur soccer games on approximately
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twenty-four (24) event days at that facility during the period
from March 17 through August 25, 1991 and authorizing the City
Manager to execute a use agreement for this purpose.
.BACKGROUND:
The Department of Conferences, Conventions, and Public Facilities
has prepared the attached legislation. The above referenced
organization has requested the use of the Bobby Maduro Miami
Baseball Stadium They intend to hold these soccer matches
every available weekend for twenty-four (24) event days thus
bringing frequent use of the stadium for cultural and athletic
events. Attendance is projected to be 500 or less for each game,
herefore the organization has requested special consideration
oncerning the stadium use fee.
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VIOLETTE ATHLETIC CLUB
R:VENUg/SXpENS9S PROJECTIONS
MIAMI BASEBALL STADIUM
MARCH 17 AUGUST 25, 1991
Attendance:
200(average)
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Use Fee
$250.00
Surcharge
$0.50_
Event Days:
Lights
24
$150.00 per hr
REVENUES
$ 6,000
Use Fee
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$ 2,400
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Surcharge
Lights(1 hr
average)
$ 31600
S12.000
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TOTAL
Paid by promoter
NET REVENUE
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