HomeMy WebLinkAboutR-90-0139J-90-128
02 /15 /90 RESOLUTION NO. 90-0139
A RESOLUTION, WITH ATTACHMENT, ESTABLISHING
SPECIAL CHARGES, TERMS AND CONDITIONS FOR THE
USE OF THE ORANGE BOWL STADIUM BY UNITED
SPORTS OF AMERICA FOR THE PRESENTATION OF THE
1990 COORS MOTORS PECTACULAR ON FEBRUARY 17,
1990, INCLUDING THE CONDITION THAT THE CITY
RECEIVE A DEPOSIT FROM SAID USER IN AN AMOUNT
EQUAL TO THE TOTAL ANTICIPATED TICKET
SURCHARGE REVENUE OF $13,500 FOR SAID EVENT;
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.
WHEREAS, the Department of Parks, Recreation and Public
Facilities is responsible for the operation of the Orange Bowl
Stadium and seeks to secure the presentation of various sporting
and other events at said facility; and
WHEREAS, United Sports of America, wishes to conduct the
1990 Coors Motor spectacular. on February 17, 3.990, as it has for
the last four years; and
WHEREAS, said events have been popular sporting exhibitions
which have attracted over. 15,000 attendees each; and
WHEREAS, the Director of the Department of Parks, Recreation
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, the Administration of the City recommend that the
fee for the use of the Stadium for this event be equal to 20% of
gross tickets sales receipts over. $300,000; and
WHEREAS, United Sports of America will collect and pay to
the City all applicable surcharges, will cover. all City event
expenses, and will pay to the City an additional fee for the
right to sell souvenir merchandise; and
WHEREAS, the Department of Parks, Recreation and Public
Facilities has prepared an agreement for. the City Manager's
t
CITY COMMISSION
MEETING OF
FEB 15 1990
signature which delineates the various charges, terms and
conditions for said use; 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 ticket surcharge,
parking and concession revenues; 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 Orange Bowl
Stadium by United Sports of America are hereby established for
said organization's presentation of the 1990 Coors
Motor spectacular on February 17, 1990, including the condition
that the City receive a deposit from the user in an amount equal
to the total anticipated surcharge revenue of $13, 500 from said
event.
Section 3. The City Manager is hereby authorized to execute
an agreement, in substantially the attached form, between the
City of Miami. and United Sports of America.
Section 4. This Resolution shall become effective
immediately upon its adoption.
- 2 - 90--0139
PASSED AND ADOPTED this 15th day of February , 1990.
XAVIE . SUA EE
MAYOR
Z
iHIRA16,6C�ILERY%
Y
PREPARED AND PPROVED BY:
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&--ALEJAND-R-0-V—ILARELL0
CHIEF ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
I".-. , ' A
JO G RNANDE?
CI Y ATTO EY
E
CITY OF MIAMI, FLORIDA
THIS AGREEMENT made and entered into this day of
, 1989, by and between the CITY OF MIAMI, Municipal
corporation of the State of Florida, hereinafter referred to as
the "CITY" and UNITED SPORTS OF AMERICA, a Missouri Joint Venture
for profit organization, with its principal office located at
9920 Ward Parkway, Suite 500, Kansas City, Missouri, 64114,
telephone (816) 523-6800, hereinafter referred to as the "USER."
W I T N E S S E T H:
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 ORANGE BOWL STADIUM, hereinafter referred to as the
"FACILITY;" the FACILITY to be entered upon or into for the
purpose of presenting the Coors Motorspectacular, hereinafter
referred to as the "EVENT," and for no other purpose whatsoever.
Use of the FACILITY shall be permitted commencing at 7:30 P.M.
Saturday, February 17, 1990 and terminating at 12:00 Midnight on
that same day, not including set up and dismantle time. if
required, setup shall begin on Tuesday, February 13, 1990 and
dismantle shall be completed by Monday, February 19, 1990.(Set up
and dismantle time is normally free of charge unless unusually
long periods of time are required). Said period, including set
up and dismantle time, if required, shall hereinafter be referred
to as the "USE PERIOD."
USER shall mean licensee.
THE USER HEREBY COVENANTS AND AGREE
1. To pay the CITY for the use of said FACILITY:
Twenty percent (20%) of gross ticket sales in excess of
$300,000 of gross ticket sales (less State sales tax.) The
use fee, plus the 6% State of Florida use tax, shall be
paid at the close of the EVENT.
2. Based upon an actual admission price, excluding taxes, as
established by USER, 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:
�wq0-GUS�t�,
3.
Price of Admission Surcharge
$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. All
admission tickets must be printed by a bonded printer and
shall be listed on a ticket manifest. The manifest shall
be presented to the Director or designee at the time of the
signing of the Agreement or no later than the beginning of
the USE PERIOD. USER will prepare a complete box office
statement of all admission tickets sold or distributed as
complimentary tickets. USER shall record collection of the
surcharge. and list such revenue as a separate item in the
statement of accounts for the event. Ticket surcharge
revenue shall be paid to the CITY upon demand, and/or as
soon as possible after the conclusion of the EVENT, in
accordance with City Code provisions and terms of this
Agreement.
To pay the CITY, on demand, such sum or sums as may be due
to said CITY for additional services, accommodations or
material furnished to said USER.
4. That the USER shall pay to the CITY of Miami the 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 EVENT.
S. That 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.
6. The CITY reserves the right to enter into the FACILITY at
any time during the USE PERIOD as it deems necessary.
7. 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 to charge storage at the rate of $1,000.00 per
day, for each day or part of a day that said effects remain
in or on the grounds of the FACILITY after the end of the
USE PERIOD.
U. To provide a diagram of the proposed EVENT layout to the
office of Fire Prevention, 275 N.W. 2nd Street, Miami,
Florida and obtain fire permits required by the Code of the
CITY of Miami, relative to fire safety. Department
manpower requirements shall be determined by the Fire
Marshal and paid by USER.
9. That any matters not herein expressly provided for shall be
in the discretion of the City Manager or his designated
representative.
10. That USER 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 he certifies that he will abide by each and every
rule and regulation set out therein without the need to
have said Rules and Regulations repeated in this Agreement.
11. The USER shall defend, indemnify and save harmless forever
the CITY, and all the CITY's officers, agents and
employees, including all police officers and staffing as
specified in this Agreement, from all charges or claims
resulting in any personal injury, loss of life, or damage
to property, from any act, omission or neglect, by himself
�E
or his 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
j investigation thereof.
12. That USER agrees that there shall be no discrimination as
to race, sex, color, handicap, creed or national origin in
connection with any operation under this Agreement.
13. CITY shall not be liable for any loss, injury or damage to
any personal property or equipment of the USER, or anyone
whomsoever, during any times the FACILITY is under the
control of and occupied by the USER. All personal property
placed or moved in the 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 his
licensees -is placed in the FACILITY during the USE PERIOD
and, in particular, during those hours the FACILITY is not
open to.the general public.
THE CITY HEREBY COVENANTS AND AGREES:
14. To furnish at CITY's expense, except as may herein be
otherwise provided, light for ordinary use, plywood,
geotextile, water for all reasonable purposes, restroom
supplies, and nothing else.
THE PARTIES HEREBY MUTUALLY COVENANT AND AGREES:
15. That the following additional provisions shall be adhered
to:
a. Occupational license to be secured from the Tax and
License Division, 3006 Aviation Avenue, Miami, Florida.
b. USER is required to provide insurance coverage for the
USE PERIOD. Coverage is to be cleared through the CITY
of Miami Law Department, Insurance Manager, One
Southeast 3rd Avenue, Miami, Florida 33131, telephone
(305) 579-6700. The policy must be eddorsed to name
CITY as an additional insured, and the CITY is to be
provided with certificate of same. No qualification of
the additional insured provision is permitted. The
Company must be acceptable to the CITY.
C. All parking revenue belongs to CITY.
d. USER agrees to pay for necessary personnel such as
EVENT supervisor, office attendants, electricians,
custodians, sound technicians, groundskeepers,
security, and others as needed. Said personnel will be
paid directly by USER with a four (4) hour minimim at
rates established by the Director of Parks, Recreation
and Public Facilities for said EVENT. The Assistant
Director will provide the USER with an estimate of said
costs not less than 72 hours prior to the start of said
EVENT.
e. The Director of Parks, Recreation and Public
Facilities, after full discussion of the type of EVENT
with USER will contact the CITY of Miami Police
Department for sufficient security prior to, during and
after the EVENT. Police to be laid directly by USER,
f. USER agrees to pay for a grou-Adskeeper on duty after
regular working hours if staging must be erected at
such time.
g. USER agrees to pay for cleaning contractor for cleanup
of Facility after EVENT has ended.
h. USER agrees to pay for trash and garbage removal after
the EVENT has ended.
3 -
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USER agrees to include in all advertising for EVENT in
the FACILITY that bottles and cants cannot be brought
into the FACILITY.
j.
USER will install all staging and props, including
special lighting.
k.
Ticket sellers, takers, and ushers are responsibility
=
of USER.
I.
User agrees to tear down immediately after the event
=+
has ended.
M.
USER agrees to restrict all vehicles from grass; any
-�
exception must be granted by the grounds and turf
-
manager.
n.
USER 'guarantees that no damage will be done to the
Orange Bawl playing field (Prescription Athletic Turf)
=
and that it will be jointly inspected by USER and the
Director of Parks, Recreation and Public Facilities or
his designee to insure that it is returned in the same
-.'
condition as it was accepted. All monies necessary to
repair damage shall be paid by USER.
—s
- a.
Gates are to open at least 1.5 hours prior to show
-
time. All advertising shall indicate gate opening
time. CITY reserves the right to open gates or adjust
_
gate opening time as it deems appropriate, based on
crowd and conditions.
p. USER agrees that he has no concession rights for food
and beverage sales during term of this Agreement. USER
may be granted rights to novelty sales upon payment to
the CITY of a fee equal to 25% of gross novelty sales
revenue up to a maximum payment of $1,000.00 and
provided that CITY has the right to review and approve
all items offered for sale and their prices.
q. All filming or video of EVENTS in CITY facilities must
be approved by the Department of Communications' Film r&
Video Coordinator, George Detrio (305) 579-6925.
Without such approval, filming/video shall not be
permitted.
r. USER shall furnish the Stadium two hundred (200)
tickets for promotional purposes for other stadium
EVENTS. These seats are to be pulled from Sections P,
Q, R, S, T, U, V, W, evenly from Rows 17-25. CITY
shall permit USER to use up to 5 % of the total tickets
printed for complimentary purposes. All complimentary
tickets issued in excess of 5% of the total tickets
printed shall have a value equal to the ticket price
offered to the public and shall be included in the
calculation to determine gross ticket sales as
described in Paragraph 1 of. this Agreement.
s. USER agrees to pay for field lighting at a rate of
$500 per hour during the EVENT if USER is not required
to pay a use fee in accordance with Paragraph 1 of this
Agreement.
16. Police requirements shall be determined by the Assistant
Director of Public Facilities, in coordination with the
Miami Police Department, and the cost shall be paid by
USER.
If, in the opinion of the police EVENT commander, stadium
security is insufficient for crowd control, he may summon
officers in sufficient numbers to effectively control the
situation. The USER will assume the responsibility of
paying for the services of these additional officers who
may be on duty at their normal hourly rate or off duty at
time and one-half pay.
W
If additional officers are off duty, they will receive a
minimum of four hours compensation or the actual time
devoted to the problem including time spent completing
reports, booking prisoners, etc., whichever is greater.
17. The Director of Parks, Recreation and Public Facilities, at
his sole option and discretion shall be entitled to demand
payment for the CITY for the above items at the time of the
closing of the ticket gates for the EVENT. Such monies
that are on hand or held at all remote ticket outlets shall
be described as "on premises gate receipts" and shall be
available for payment of the City of Miami to satisfy such
sums owed the CITY for rental, additional services,
accommodations, material furnished, cost of any repair,
rehabilitation, damage correction replacement or
restoration of the FACILITY borne by the CITY as a
consequence of presentation of the EVENT. The Director of
Parks, Recreation and Public Facilities or designee shall,
at his option, be entitled to collect such sums of money
owed.
is. All terms and conditions of this written Agreement shall
be binding upon the parties, their heirs and assigns, and
cannot be varied or waived by any oral representation or
promise of any agent or other person of the parties here
to, unless the same be in writing and mutually signed by
the duly authorized agent or agents executing this
Agreement.
19. That the parties intend that this document shall be
a License Agreement and that no leasehold interest is
conferred upon the USER.
20. If it becomes necessary for the CITY to institute
proceedings to collect any monies due it by USER, USER
agrees to pay anyu and all reasonable attorney's fees and
costs expended in the collection thereof.
21. This instrument and its attachment constitute the sole and
only Agreement of the parties hereto relating to said
Agreement, and correctly set forth the rights, duties and
obligations of each other as of its date. Any prior
agreement, promises, negotiations, or representations not
expressly set forth in this Agreement are of no force of
effect.
22. Both parties shall comply with all applicable laws,
ordinances and codes of federal, state and local
governments. This Agreement shall be construed and
enforced according to the laws of the State of Florida.
23. No amendments to this Agreement shall be binding on either
party unless in writing and signed by both parties.
24. This Agreement may not be transferred or assigned by USER
without the express written consent of the CITY Manager.
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: THE CITY OF MIAMI,
FLORIDA, a municipal
corporation of the State
of Florida
BY
City Clerk Cesar H. Odio
City Manager
Attest:
Corporate Secretary
APPROVED AS TO INSURANCE:
Segundo Perez
Insurance Manager
APPROVED AS DEPARTMENTAL
REQUIREMENTS:
t�
%"'!Alberto Ruder, Director
Parks, Recreation and
Public Facilities
USER: UNITED SPORTS OF AMERICA,
INC., a for profit
Missouri Corporation
Print Name
Title
(SEAL)
APPROVED AS TO FORM AND
CORRECTNESS:
Jorge L. Fernandez
City Attorney
1.1 I 1 ! 11 I'MA1.11. I I f it III iA
iNTER-OFFICE MEMorIA NUM
t0: nnli fill'
-;; Honorable Mayor. and February 8, 1990
Members of City Commission
Proposed Agreement with l
United Sports of America t
Motor. spectacular.
_— MOM �i�r,. �Jd--r' � �, .. /ice . m r I nr 114.1 `
//,-' Cesar. H. Odio
City Manager. fIIf 111A11It.,
Attached to this memorandum is a proposed agreement between the
City of Miami and United Sports of America, Inc. for the
presentation of the Coors Motorspectacular at the Orange Bowl
Stadium on February 17, 1990. The negotiated terms are
identified in the additional attachments: resolution cover memo,
revenue/expense projections and resolution.
Due to the fact that negotiations were only completed in late
January, and because of the rescheduling of several items for the
upcoming Commission meeting, this does not appear on the
February .15, 1990 agenda. We respectfully request that you
review the proposed agreement terms and advise if they are
satisfactory. Because of its apparent non -controversial nature
and the fact that it may represent much needed revenue of as much
as $58,000 for. the Orange Bowl Stadium, the resolution would be
presented as a pocket item during the meeting on that date, with
your. permission. Alternatively, the item could be scheduled for
after. -the -fact ratification at a later commission meeting.
Please let me know if you require additional information.,
t
COORS MOTORSPE+CTACULAR
FEBRUARY 17, 1990
REvnNUG/EXPENSE PROJECTIONS
Proposed
Negotiation
Total. Est. Attendance 18,000
Ticket Price $ 15.00
Parking rate (incl. tax) $ 5.00
barking spaces used (est.) 3,000
Surcharge $ 0.75
G120S;i 12l',Vk:NUL:S **** * *** * **+a*
RENT - 20% ticket.revenue after $300,000
SURCHARGE - ($0.75 x Attendance)
CONCESSIONS - FOOD & BEVERAGE
(Att. x $4.25/cap x 42.1%)
CONCUSSIONS - NOVEL CII.S
PARKING (Est. spaces used x applicable rate)
TOTAL
0.00
$13,500.00
$32,206.50
$ .1.1000.00
$15,000.00
$61,706.50
******************* EVENT EXPENSES / CITY bAID
PARKING STAFF $ 3,250.00
TOTAL $ 3, 250.00