HomeMy WebLinkAboutR-91-0812J-91-863
11/5/91
RESOLUTION NO.
A RESOLUTION, WITH ATTACHMENT(S), RELATED TO
THE "WSHE (RADIO STATION) TWENTIETH
ANNIVERSARY CONCERT" HELD AT BICENTENNIAL
PARK ON LABOR DAY, SEPTEMBER 2, 1991;
RATIFYING, APPROVING AND CONFIRMING THE
ACTION OF THE CITY MANAGER IN AUTHORIZING
SAID EVENT TO PROCEED, IN ESTABLISHING
MODIFIED FEES FOR THE USE OF CITY FACILITIES
FOR THE EVENT AND IN EXECUTING THE ATTACHED
AGREEMENT BETWEEN THE CITY OF MIAMI AND
CELLAR DOOR CONCERTS, INC. FOR SAID EVENT.
WHEREAS, Cellar Door Concerts, Inc. in conjunction with WSHE
Radio, and Professional Events Services, Inc. approached the
Parks and Recreation Department in mid -August 1991 to request
permission to hold a major special event in downtown Miami on
Labor Day, September 2, 1991; and
WHEREAS, said event sponsors intended to hold a free
concert, the "WSHE 20th Anniversary Concert", at Bicentennial
Park for an estimated crowd of 25,000 persons, utilizing portions
of the Florida East Coast Railway (FEC) Property and Watson
Island for paid public parking for the event; and
WHEREAS, said sponsors agreed to pay a guaranteed flat fee
of $10,000 for the use of said parks and were allowed to retain a
$5.00 per car parking charge; and
CITY CO-1-111F SIQN
MEEL 111" 3 OF
NOV 14 1991
FISOLUTIOR Rd. .
WHEREAS, said sponsors paid all additional permit and
concession fees, staff and security costs, including police, and
cleanup expenses, and provided sufficient liability insurance for
said event; and
WHEREAS, the City Manager and the Director of the Department
I
of Parks and Recreation determined that said event was an
appropriate community activity for the holiday and that the
proffered terms and conditions were advantageous to the City; and
WHEREAS, the attached use agreement was prepared outlining
i the responsibilities of the City and said sponsor, and was
subsequently reviewed and approved by the City Attorney; and
WHEREAS, due to the Commission recess in August and to other
scheduling constraints, the Administration has been previously
unable to make a formal presentation of this event and agreement
at a regularly scheduled meeting of the Commission; and
WHEREAS, the City Manager, in a memorandum to the Mayor and
Commission dated August 27, 1991, advised of his intent to
authorize said event to proceed and to execute the necessary
documents for this purpose; and
WHEREAS, net revenue from the event amounted to $11,400 from
the use fee, beer/wine permit and concession fees;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
2 _ ,�
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 authorizing a
Labor Day concert to be held, in establishing modified fees for
the use of City facilities for the "WSHE 20th Anniversary
Concert" and in executing the attached agreement between the City
of Miami and Cellar Door Concerts, Inc., are hereby ratified,
approved and confirmed as they relate to said event held on
September 2, 1991 at Bicentennial Park.
Section 3. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 14th day of Noy ber,- , 1991.
ATTEST:
MATTY HIRAI, CITY CLERK
PREPARED_ AND APPROVED BY:
RAFAEL O. I
DEPUTY CITY ATTORNEY
APPROVED AS TO FORM AND
CORRECTNESS:
A/. QU =TTOR
JO ;IIICITY
ROD/pb/gm /M2597
3 -
XAVIER L. SUAREZ.-f4AYOR
USE AGREEMENT
CITY OF MIAMI, FLORIDA
THIS AGREEMENT made and entered into this day of
1991, by and between the City of Miami, a Municipal
is
Corporation of the State of Florida, hereinafter referred to as
the "CITY" and Cellar door Concerts, Inc., a Florida for profit
corporation with its principal office located at 2190 S.E. 17th
Street, Suite 310, Ft. Lauderdale, F1. 33316 telephone number
(305) 7G1-1510, 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 USER the privilege of
entry upon or into the Municipal facilities of the City of Miami
known as Bicentennial Park and identified sections of Watson
Island and Florida East Coast Railway Property hereinafter
referred to as "the AREAS" to be entered upon or into for the
purpose of presenting, at USER's option, the WSHE 20th
Anniversary Concert, a music concert, hereinafter referred to as
the "CONCERT" will commence at approximately 12:00 Noon on
Monday, September 2nd, 1991 and shall conclude at 8:00 P.M. the
same day. All USER effects must be cleared from the AREAS
surface by 12:00 midnight on Tuesday, September 3th, 1991. The
CITY agrees not to schedule any other events including, but not
limited to, groups or individuals touring the AREAS (as
hereinafter defined) during the USE PERIOD. The "CONCERT" will
commence at approximately 12:00 Noon on Monday, September 2nd,
1991 and shall conclude at 8:00 P.M. the same day.
USER shall mean "licensee".
Set up shall commence no earlier than 0:00 A.M. on Friday,
August 30, 1991 and dismantle shall begin immediately upon
conclusion of the CONCERT and terminate no later than 12:00 A.M.
on September 3, 1991, the above hours of use, including set up
and dismantel times, shall. hereinafter be referred to as the "USE
PERIOD".
The areas known as "Bicentennial Park", "Watson Island -
Southern Side" (excluding property under agreement with
Dade Helicopter Jet Service) and the "F.E.C. Property"
(excluding lot 24 operated by Off -Street Parking
Authority Department) including access to parking
facilities, and such open spaces that may be required by
USER for the "CONCERT" and such other facilities of the
Bicentennial, Watson Island and F.E.C. Properties as
maybe authorized by the Director of Parks and
Recreation, shall be herein referred to as the "AREAS";
provided, that for purposes hereof, the AREAS shall not
include the area being utilized by the Department of
Transportation for bridge construction and other areas
mutually agreed upon and reserved by the CITY.
2 USE FEE
USER shall pay the City of Miami ten thousand dollars
($10,000.00) flat use fee for the use of the above
referenced "AREAS", plus 6% State of Florida sale tax.
The use fee plus the 6% State of Florida sale tax on the
total use fee will be paid on or before Friday, August
30th, 1991.
3. CITY STAFFING
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 72 hours in advance, CITY shall provide same.
USER shall pay the CITY, on an actual cost basis, for
expenses incurred for Police, Fire, Solid Waste,
cleanup, removal and replrcement of barricades,
materials and event staffing services requested by USER
or required by CITY upon consultation with USER. Said
services and payment therefore shall be based upon a
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four. (4) hour minimum at rates established by the
respective CITY officials or the Director of Parks and
Recreation.
9 • UN.LON REUUIRENTS
USER shall ensure compliance with all necessary union
requirements (if applicable) in connection with the
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 connection with the CONCERT, and shall
assist USER in complying with such agreements.
5. POLICE REQUIREMENTS
The USER will provide all necessary City of Miami police
required to secure the AREAS, 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.
b INTERNAL SECURITY
Control of the internal security services inside the
AREAS shall remain the responsibility of USER or their
designated agent, who shall consult with the Director of
Parks and Recreation. USER shall pay for said internal
security service.
ION OF AREAS
CITY agrees that the AREAS will be maintained in good,
clean order and condition by the CITY prior to the USE
PERIOD. USER agrees to accept said AREAS in an "as is"
condition at the start of the USE PERIOD. Any
modifications to eNisting facilities or structures
located in the AREAS must be at the cost of the USER and
have prior approval of the Director of Parks and
Recreation or his designee. All AREAS must also be
returned to original conditions immediately following
the CONCERT.
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The USER shall. obtaining 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.
USER shall provide the proposed event layout to the
Office of Fire Prevention, ••275 Northwest 2nd Street,
Miami, Florida and obtain fire/assembly and/or other
permits required by applicable Sections of the Code of
the City of Miami, relative to fire safety and public
assembly. Fire Department manpower requirements for the
Concert shall be determined by the Fire Department.
10 ERECTION OF STRUCTURES
USER shall be permitted to use such trucks and forklifts
in the ARF71S for the erection of structures and
production and 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.
11, CONCESSION STANDS
The CITY will permit USER and its authorized vendors
to erect concession booths, stands or tables on the
AREAS subject to approval by the Fire Marshal and the
Director of Parks and Recreation Department on his
designee.
12 STRUCTURES AND STAGING
USER will provide and install all structures, staging
and props, including special lighting, at its own
expense.
13. TOILET FACILITIES
USER agrees to provide, at its own expense, portable
toilet facilities in a number to be reasonably
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determined by Director of Pnr.ks and Recreation for use
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prior to, during and after. event.
,_ADV__NSa�1�ID H11N�1$
USER shall have the right, at no additional cost and
subject to the prior consent of requisite CITY
officials, to hang banners and otherwise accord credit
to any sponsor, equipment supplier or other entity
involved with the CONCERT within the confines of the
i
structure housing said event, or otherwise, subject to
applicable City Code and/or building regulations.
1.5 CLEAVVT AND HREARDOWN
USER agrees to provide and pay for regular and on -going
maintenance for the AREAS during set up and show time
and to clean the AREAS, to the City's satisfaction at
j the conclusion of the day's use. Trash shall be removed
from the areas at the conclusion of day's use at the
cost of USER. USER agrees to begin to tear down its
equipment immediately after the performance has
concluded and to be totally removed from AREAS no later
than 12:00 midnight, September 3, 1991.
16. DAMAGE REPAIR
USER shall pay the City of Miami the cost of any repair,
rehabilitation, or restoration of the "AREAS", as may be
required as a result of said use.
17, DAMAGE DEPOSIT
USER shall post the sum of $2,500 in check or in cash,
performance bond with the City at time of execution of
this Agreement or on or before August 30, 1991, at 5:00
P.M., whichever is earlier, as a deposit against damages
to the AREAS. Within the 48 hour period immediately
following the dismantle period, USER and the Director of
Parks and Recreation, or his designee, will inspect the
AREAS for said damage. If damage is found, the City
will retain the above mentioned deposit until all
repairs are completed.
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a a • REMO-VA1* U-US_ER-EFFEUS.
The CITY reserves the right to remove from the AREAS 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 further use of the
AREAS, 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 AREAS after the end of the USE PERIOD.
19• PARKING
(a) The USER shall furnish, at no cost to CITY, normal. and
customary event parking spaces for the public and
provide adequate personnel to man such parking
facilities, at locations convenient to the AREAS.
(b) The USER 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 the costs of such arrangement and
implementation, subject to the approval of the CITY.
(c) The USER agrees that charges to the public for parking
on identified AREAS shall not exceed the usual and
customary charges for such parking. The USER shall be
entitled to 100% of all gross receipts from parking
charges.
d) The USER agrees to make arrangements and pay for all bus
and/or other transportation necessary to transport the
public parking at the Watson Island - Southern Side, to
and from the CONCERT. Said service shall be available a
minimum of two (2) hours before and two (2) hours
immediately following the completion of the CONCERT.
20. CONCESSIONS
(a) CITY represents that USER may provide, at USER'r,
own cost, catering services for all tour personnel
and production staff,
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(h) The USER has all concession rights for fond and
beverages and the operation of the concessions for
the sale of all food and beverages sold in
Bicentennial Park only in accordance with
applicable health regulations. Prices shall not be
in excess of those customarily charged.
(c) The CITY will grant to the USER the merchandising
rights to sell T-Shirts, referring to the CONCERT.
(d) CITY agrees that it has no food or beverage
concession rights during the duration of this
Agreement.
(e) The USER shall pay all City concession fees
including beer/wine permit and booth costs as
established by the CITY.
(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 shall. permit USER to enter the AREAS and
conduct any ancillary rights activities at no cost,
including without 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) All filming or video of events in CITY facilities
must be approved by the Department of
Communication's Film and video Coordinator, George
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Detr.io. Without such approval filming/video shall
not be permitted.
22 . 1 N_5_V R.MC&
The USER and or any of its subcontractors or agents
shall purchase and maintain throughout the period of
this USE AGREEMENT, primary insurance as protection to
r the CITY. The list to follow of insurance requirements
shall not relieve or limit the liability of the USER,
' but are merely minimums. Sid Sussman d/b/a Professional
Event Services, Inc. shall be the primary sub contactor
responsible for insurance.
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, broad
form property damage and other endorsements as may
become applicable.
(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.
(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
22(1),(2) and (4) above, shall be endorsed to name the
CITY as an additional insured to the extent of the
CITY'S interest arising from this USE AGREEMENT. To
provide that failure of the 'ISER 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. The required insurance shall be so written that the
policy or policies may not be cancelled, non -renewed or
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adversely changed without, thirty (30) days advance
written notice to the City of Miami being delivered to
the Office of the Risk Management Insurance
Coordinator, 174 E. Flagler- Street, Miami, Fl. 33131.
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. The company must be rated no
less than A as to management, and not less that 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 Jersey.
C. 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
requirements herein.
23 INDEMNIFICATION CLAUSE
The USER covenants and agrees that it shall indemnify,
hold harmless, and defend the CITY 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 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
thereon, and from and against any orders, judgements, or
decrees which may be entered thereon, and from and
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against: a I I costs, attorney fees, expenses and
liabilities incurred in and about the defense of any
such claim and the investigation thereof.
The CITY assumes no responsibility whatsoever for any
property placed on the AREAS 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 AREAS
pursuant to this Agreement.
25 CITY'S RIGHT OF ENTRY
CITY, or any of its properly designated agents,
representatives, or employees, shall have the right to
enter all said AREAS during the CONCERT to examine
and/or inspect the same. -
26. AUTHORITY OF USE
(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 AREAS
used for the production and presentation of the
CONCERT, including without limitation, all internal
security matters and internal security personnel;
to enforce all necessary and proper rules for the
management and operation of the AREAS during the
Use Period. USER and its authorized
representatives shall be permitted to enter all
portions of the AREAS used for the production and
presentation of the events at anytime and on any
occasion during the USE PERIOD.
(b) Final decision -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
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property.
2 7`4UY—fLQRIJ- Q-FS- TY
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.
,2 Q . DEMAND FOR 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 AREAS 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.
29. PROHIBITIONS
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 the AREAS.
30, CANCELLATION
The use fee defined in Section 2 shall be forfeited if,
through the fault of USER and within one week prior to
the CONCERT, or anytime thereafter, the CONCERT is
cancelled, except as provided below.
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(a) If, through no fault of the CITY, the AREAS 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 AREAS, 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 AREAS 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 30(b) below. In any such
event, USER shall not be liable for (i) any use fee
(ii) any expenses referred to which have not been
irrevocably incurred with respect to any such
performances which are not so conducted.
(b) In the event the CONCERT is cancelled for any
reason, including, but not limited to, the reasons
set forth in Section 30(a) hereinabove, USER shall
be liable to the CITY for actual costs incurred
pursuant to Section 3 hereinabove which have been
irrevocably incurred in connection with hosting the
performances but shall not be liable to the CITY
for any lost profits or consequential damages of
the CITY.
31. 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.
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3.2. nSSt1 1 —CC
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 accordaaice with the terms hereof.
33NONDISCRIMINATION
USER shall not discriminate as to race, sex, color,
creed, handicap or national origin in connection with
any operation under this Agreement.
34 INTERFM-CONFERRED
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.
35. 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:
AS TQ USER:
CELLAR DOOR CONCERT, INC.
2190 S.E. 17th St.
Ft. Lauderdale, F1. 33316
cc: Dan Barnett
Booking Agent/Producer
Cellar Door Concerts, Inc.
2190 S.E. 17th St.
Ft. Lauderdale, F1. 33136
AS TO THE CITY•
Cesar H. Odio
City Manager
3600 Pan American Drive
Miami, FL 33133
cc: Alberto Ruder, Director
Parks and Recreation
Department
1390 N.W. 7th Street
Miami, FL 33125
36. NONDELAGABILITY
This Agreement may not be transferred or assigned by
USER without the express written consent of the CITY.
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3'7 COURT CQS-TS__AND_11MRNEY ' 5._-i'EES
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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.
38. CONSTRUC3,ION OF AGREEM- N-T
This agreement will be construed and enforced according
to the laws of the State of Florida and venue shall be
in Dade County.
39 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 their proper corporate officials executed this
Agreement the day and year first above written.
Attest:
Matty Hirai
City Clerk
Witnesses:
0
APPROVED AS TO INSURANCE:
,17
SEGUNDO PEREZ`
INSURANCE MANAGER
APPROVED AS PER DEPARTMENTAL
REQUIREMENTS:
CITY OF MIAMI, a Municipal
Corporation of the State of
Florida
BY
Cesar H. Odio
City Manager
USER: CELLAR DOOR CONCERTS, INC.
a Florida for profit
corporation
BY rr, I✓ 1 ��z ,«
Si nature
Title
(SEAL)
APPROVED AS TO FORM AND
CORRECTNESS:
CITY ATTORNEY
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CORPORATE RESOLUTION
W11ERFAS, the Board of Directors of Cellar Concerts, Inc. has
examined terms, conditions and obligations of the proposed
Agreement with the City of Miami for use of the F.E.C. PROPERTY.
WHEREAS, the Board of Directors at a duly held corporate
meeting has considered the matter in accordance with the By -Laws
of the corporations
NOW, THEREFORE, BE IT RESOLVED BY THE. BOARD OF DIRECTORS of
CELLAR CONCERTS, 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
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 3 `day of %_
1991.
CHAIRMAN, Board of Directors
By,
-( g n a t e)
Print or Type UaWe
Attests
(SEAL)
Corporate 5ecretar Signature
.�J / RAh i SS(�y
Print or Type Name
EXHIBIT 1
------------------------------------ 1
TO
FROM
CITY OF MIAMI, FLORIDA CAw16
INTER -OFFICE MEMORANDUM
Honorable Mayor and Members
of the Cit
yy Commission
Cesar H. Odio
City Manager
DATE ii U J 19�i FILE
Su[3JECT Resolution Ratifying the City
Manager's Actions regarding a
Labor Day Concert Event
REFERENCES
ENCLOSURES
�SiJJ'�SeiYi±
It is respectfully recommended that the City Commission adopt the attached
resolution relating to the "WSHE (radio station) Twentieth Anniversary
Concert" held in Bicentennial Park on Labor Day, September 2, 1991; ratifying
and approving the City Manager's actions in allowing the event to proceed, in
establishing modified fees for the use of City facilities for the event, and
in executing the use agreement with the sponsor, Cellar Door Concerts, Inc.
Bad
The Department of Parks and Recreation was approached by Cellar Door Concerts,
Inc., WSHE Radio, and Professional Events Services, Inc. in mid -August 1991 to
request permission to hold a major special event in downtown Miami on Labor
Day, September 2, 1991. These sponsors planned to hold a free concert, the
"WSHE 20th Anniversary Concert", at Bicentennial Park for an estimated crowd
of 25,000 persons, utilizing portions of the Florida East Coast Railway (FEC)
Property and Watson Island for paid public parking for the event.
After notifying the City Manager's office, staff negotiated modifications to
the standard park permit terms and conditions for this unique event. The
sponsors agreed to pay a guaranteed flat fee of $10,000 for the use of the
parks and were allowed to retain a $5.00 per car parking charge.
Additionally, sponsors paid all permit and concession fees, staff and security
costs, including police and cleanup. They also provided sufficient liability
insurance for said event. It was determined that as an appropriate commuiity
activity for the holiday, the proffered terms and conditions were advantageous
to the City, assuring both adequate revenue and minimal risk.
Due to the August Ccmmission recess, the Administration was unable to formally
present this situation in advance of the event. However, the City Manager, in
a memorandum tc the Mayor and Commission dated August 27, 1991, advised of his
intent to authorize said event to proceed and to execute the necessary
documents for this purpose. The attached use agreement outlines the
responsibilities of the City and the sponsor, and was reviewed and approved by
the City Attorney.
The legislation being presented today provides for the formal approval of the
City Manager's actions regarding this event, the fees charged to the sponsor,
and the execution of the contract. It should be noted that net revenue to the
City from the event amounted to $11,400.
CITY OF MIAMI, FLORID/�
INTER -OFFICE MEMORANDUM
To: Honor le Mayor and Members
ofA City Commission
FROM : Cesar H. Odio
City Manager
DATE : August 27, 1991
SUBJECT. Labor Day Concert at
Bicentennial Park
REFERENCES:
ENCLOSURES:
FILE :
This memorandum is to advise you that the Department of Parks and
Recreation was first contacted by representatives of Cellar Door
Booking, WSHE Radio, and Professional Events Services, Inc., the
second week of August to discuss the possibility of them using
Bicentennial Park to present a music concert on Labor Day,
September 2, 1991. These representatives indicated the concert
would be free of admission charges, begin at 12:00 Noon and
conclude at approximately 7:00 P.M. A total of five (5) bands
are scheduled to perform for an estimated crowd of 25,000 to
40,000 persons throughout the day.
We have negotiated a guaranteed fee of $10,000 for this one day
activity. We recommend this flat rate guarantee because it
insures a substantial revenue source for the City with
no investment nor risk of cancellation due to such factors as
rain; provides the community with yet another
recreational/entertainment activity and increases the public's
exposure to Bicentennial Park.
In addition, it should be noted the promoter will be responsible
to provide all required insurances naming the City as an
additional insured, and pay all event related expenses including
concessions and beer/wine permit fees.
This payment will entitle the event promoter to utilize
,Bicentennial Park for the concert as well as agreed upon areas of
the F.E.C. and Watson Island properties for parking of cars on
the day of the event. The event promoter will also be permitted
to collect and retain a $5.00 per car parking charge as a
condition of the $10,000 user fee.
As this request was brought to our attention during the month
that the City Commission is in recess, and the event is to be
held prior to the next regularly scheduled meeting, I am seeking
your approval for this action through this memorandum. Due
to time constraints, if I do not hear from your respected offices
by 12:00 Noon on August 28, 1991, I -will assume your initial
I V
40
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AUG 1991