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HomeMy WebLinkAboutR-90-0014J-90-28 12 /b /89 RESOLUTION NO. 90—�00 14 A RESOLUTION, WITH ATTACHMENT, ESTABLISHING SPECIAL CHARGES, TERMS AND CONDITIONS FOR THE USE OF A PORTION OF THE ORANGE BOWL STADIUM BY MONDIAL SPORTS GROUP, INC. FOR THE PRESENTATION OF A SERIES OF SOCCER MATCHES ON SELECTED DATES DURING THE PERIOD FEBRUARY 1, 1990 THROUGH JFNUARY 31, 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. 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, the Mundial Sports Group, Inc. wishes to conduct international soccer matches utilizing one-half of said stadium on selected dates during the coming year; and WHEREAS, said events are popular sporting exhibitions which are expected to attract over 10,000 attendees per match; and WHEREAS, said Group has agreed to present a minimum of four (4) such events during the period February 1, 1990 through January 31, 1991; and WHEREAS, the first two proposed events, the Marlboro Cup Soccer Championship, are scheduled for February 2 and 4, 1990; 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, said Director and the City Manager have determined WHEREAS, said organization will collect and pay to the City all applicable surcharges, and will cover all stadium personnel and operating expenses for each event; and WHEREAS, the Department of Parks, Recreation 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 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, 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 a portion of the Orange Bawl Stadium by Mundial Sports Group, Inc. are hereby established for said organization's presentation of a series of soccer matches on selected dates during the period February 1, 1990 through January 31, 1991. Section 3. The City Manager is hereby authorized to execute an agreementI/I in substantially the attached form, between the City of Miami and Mundial Sports Group, Inc. PASSED AND ADOPTED this 11th day of January 1990. Z. XAVIER L. SU REZ MAYOR ATTEST : MATTY I RAI , CITY CLE--...-, PREPARE DAP ED BY: DRO VILARELLO IEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: USE AGREEMENT BETWEEN THE CITY OF MIAMI , FLORIDA AND MUNDIAL SPORTS GROUP, INC. THIS AGREEMENT made and entered into this day of 1a99, by and between the CITY OF MIAMI, a municipal corporation of the StAte of Florida, hereinafter referred to as the "CITY" and MUNUTAI, SPORTS GROUP, INC. with its principal office located at 2200 W. Commercial Blvd., Suite 203, Ft. Lauderdale, Florida 33309, telephone number (305) 731-7700, hereinafter referred to as the "USER". R E C I T A L: In consideration of the covenants and agreements hereinafter set forth, the CITY does hereby grant unto the USER the privilege of entry upon or into a portion of the municipal facility of the CITY known as the Orange Bowl Stadium, specifically the playing field and one-half of the seating areas, hereinafter referred to as the "FACILITY", the said FACILITY to be entered upon or into for the purpose of presenting a series of Soccer Matcheso hereinafter referred to as the "EVENT(S)", and for no other purpose whatsoever. I. Agreement Term/EVENT Dates: Said use is permitted on selected dates during the period commencing on February 1, 1990 and terminating on January 31, 1991, hereinafter referred to'.as the "AGREEMENT TERM", on specific dates as may be available, subject to the approval of the Director of Parks, Recreation and Public Facilities ,(hereinafter referred to as the "DIRECTOR") or designee. A minimum of four (4) EVENTS shall be conducted by USER on selected dates within the AGREEMENT TERM. As of execution of this Agreement by the USER, the dates of February 2 and 4, 1990 are tentatively reserved pending receipt of applicable payments and/or deposits. Subsequent EVENT, dates shall be subject to the approval of the DIRECTOR or designee, and to the CITY's receipt of request from USER at least thirty (30) days in advance of the proposed'.date. 2. Use Period: The hours of use for. each EVENT shall include set up and dismantle times. Set up shall commence no earlier than 7:00 am. on the day prior to each EVENT and cleanup shall begin immediately upon the conclusion of the EVENT anti ennniiiAtt, within A tw^nty-fn%tr hnmer nAv1rtA_ unlaaa 4. Use Fee in Case of EVENT Cancellation: If USER does not C>roduce at least four (4) EVENTS within the AGREEMENT TERM, then USER shall pay to the CITY the minimum guaranteed fee of $2,500 plus 6% State of Florida use tax for each EVENT that does not occur. 5. De osrt: A deposit of Five Thousand Three Hundred Dollars 0.00), equal to the minimum guranteed USE FEE plus State of Florida use tax for two EVENTS, is required at the time of the signing of this Agreement by USER. Said deposit shall be held by CITY throughout the AGREEMENT TERM to cover any and all unpaid sums due CITY, and, if not used, shall be returned to USER, or shall be used to cover the USE FEE and/or expenses for the list USE. PERIODS. 6. 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: 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. 7. Payment for Additional Services: USER shall pay to the CITY, on demand, such sum or sums as may be due to -said CITY for additional services, accommodation or material furnished to said USER for. the EVENTS. S. Damage Repair: USER shall pay to the CITY 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 EVENTS. 9. Payments hues The minimum guaranteed portion• of all USE FEES and applicable taxes, shall be due ten (10) days prior to each use of said FACILITY for the immediately ensuing USE PERIOD. The balance of all USE FEES (the percentage portion), and any other sums due CITY pursuant to this Agreement, including the ticket surcharge and personnel expenses, shall be paid upon the conclusion of each EVENT. 10. Demand for Payment: The CITY, through the DIRECTOR or designee, at its sole option- and discretion, shall be entitled to demand full payment for any unpaid use fee and/or expenses incurred through USER's use of the FACILITY at the close of the event. USER grants to the CITY the first right of claim to be paid from all :conies that are on hand such as "on Premises gate receipts" or all monies held r �r monies held by the said ticket agency. "On Premises gate receipts" shall be defined as all sums of money collected by the USER or his agent in connection with the EVENT(S). 11. Forfeit for Cancellation: All advanced sums, or advanced payments for services shall he forfeited if, through the fault or action of the USER, the EVENTS are not hold on the dates and times contracted. 12. Audit Rights: a. CITY reserves the right to audit the records of USER at any time during the performance of this Agreement and for a period of three years after the final payment is made under this Agreement. h. If so r.etlur!sLed by CITY, USER shalt submit to the t)nl,7rl.movil. rir Park,, ttitr.rr.mt.iron, atul Pioil.is rncitities 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 sixty (60) days after receipt of CITY's request. C. At CITY's request, USER shall furnish a copy of its most recent Federal Income Tax return. 13. Admission and Tickets: All entry to the FACILITY on the EVENT dates shall e by ticket only, purchased at the full ticket price established by USER, except for employees of USER and CITY whose presence is required for the presentation of the EVENT who have received passes issued by USER, or as otherwise provided by this Agreement. Each printed ticket shall be itemized to show the admission price, applicable taxes, any service charge from outside ticket agencies, and the CITY's ticket surcharge. All admission tickets must be printed by a bonded printer if feasible and listed on a ticket manifest. The manifest shall be presented to the DIRECTOR or designee, and USER will prepare a complete box office statement of all admission tickets sold or distributed as complimentary tickets. 14. Complimentary Tickets: CITY shall permit USER to to utilize a maximum of 51 of the total tickets printed for each EVENT as complimentary Tickets for promotional purposes. USER shall furnish to the DIRECTOR fifty (50) complimentary tickets for each EVENT for the purpose of promoting the CITY and the FACILITY for future events. All complimentary tickets issued in excess of the s% limitation shall have a value equal to the average ticket price offered for sale to the public and shall be included in the calculation of gross ticket sales for determination of the [IS E FEE as described in Paragraph 1 of this Agreement. 15. Attendance Limitation: A maximum attendance of 30,000 persons will be permitted for. each EVENT and no more than that number of tickets shall be printed. 16. Gate Opening and Times of Performance: Gates are to be opened at least two hours prior to t e start of each EVENT. 18 . Condition of. tv C 1 j.,vrY: CITY represents nd war't$nts that the FACILITY i t- xt�ares and furnish gs will be clash, in goc)ci order and repair, and reasonably fit for the purpose for which they are to be i:sed, in safe condition for the use intended, and will be free of defects which would prevent or impede the pr4l,Yer conduct of. the EVENT. USER agrees to accept said FAC11jtTY in an "ns is" condition at the start of the USE PERIOD. 19. Utilities, Items Furnished by CITY: CITY agrees to furnish, at its expense, except as may be otherwise provided herein, light for ordinary use, water for all reasonable purposes, restroom supplies and nothing else. 20. Restriction for E'layin9_Field: USER agrees to restrict all vehicles from the grass and aying field. Any exception to this restriction may only be granted by the ground and turf manager for. the Stadium. 21. 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, USCR 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. 22. Authority: USER agrees that any :natters not herein expressly provided for in this Agreement shall be provided at the discretion of the CITY Manager or his designated representative. 23. Right of Entry: The CITY reserves the right to enter upon the FACILITY premises at any time during the USE PERIODS as it deems necessary. 24. Occui2ational License: Any and all required occupational license $ or USE 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 AGREEMENT TERM and shall be attached to this agreement. Said license(s) are required in accordance with Chapter 31 of the Code of the .City of. Miami. 25. EVENT Staff and Supplies Furnished by USER: USER shall furnish, at its sole cost and expense, ticket sellers, ticket takers, and ushers. USER shall consult with the DIRECTOR or designee to ensure that staffing levels for such personnel. are adequate to handle attending crowds. USER shall also furnish, at its sole cost and expense, all game officials and gamefietci personnel, and alt supplies and consum►nable goods for the sideline areas, locker rooms, game officials' room, including without limitation, ice, soft drinks, towels, and soap. 26. CITY Staffing: If required in the estimation of the DIRECTOR. or designee, CITY will provide CITY personnel, including without limitation, Event Supervisor, office attendants, electricians, custodians, groundsmen, elevator operators and security staff, necessary for the proper. If staging anal/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. 27. Union Requirements: USER shall ensure compliance with all necessary union requirements (if applicable) in connection with the personnel and services engaged for presentation of the EVENT. The CITY shall. use its best effort to inform USER of the terms of. .any trade or employee union agreement, written or oral, affecting all relevant personnel or services used in connection with the EVENT and shall assist USER in complying with such agreements. 28. Fire Safety and Personnel: USER shall provide a diagram of tale proposed EVENT layout to the office of Fire Prevention, 275 N.W. 2nd Street, Miami, F1, and obtain fire permits required by the Code of the CITY of Miami, relative to fire safety. Fire Department: manpower requirements for each EVENT shell be as stipulated by the Fire Marshal and approved by the DIRECTOR or designee. The USER shall be responsible for the payment of Fire Department services. 29. Police Security: a. The DIRECTOR, or designee, after full discussion with the USER as to the type of event and related ,activities, will contact the CITY's Police Department to ascertain the level of Police and/or other security staffing necessary for adequate crowd control, traffic circulation and safety and/or other, required security prior to, during and after the EVENT(S). USER shall be responsible for the direct payment of designated Police and security services upon the conclusion of each EVENT. b. If during the course of the EVENT, the EVENT Police commander determines that security for the' EVENT is insufficient for proper crowd control, he may summon additional officers in sufficient numbers to effectively control the situation. The USER will assume the responsibility of paying for the services of these additional officers. If such additional officers are already on duty, payment shall be made at their normal -hourly rate of pay. If such additional officers are off -duty, payment shall be made at the overtime rate of one and one-half times the normal ?sourly 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. 30. Clean-up and Dismantle: a. USER agrees to pay directly for the cleaning contractor to clean the FACILITY after. each USE PERIOD (EVENT day) has envied. If the FACILITY is not properly cleaned to the CITY's satisfaction, the CITY has the right to order additional cleaning of the FACILITY and to invoice the USER for such additional cleaning. The hauling of the trash from the FACILITY shall be performed by the CITY's Solid Waste Department. and the 3.1. Removal of U)S1,R Ef fects: The. CITY reserves the right to remove from the premises all USER effects remaining in or on the grounds of the FACIUITY and/or. STADIUM after the end of oach USE PERIOD at the expense e'�E the USER, or the CITY may charge storage, ,at the rate of. $1,000 per clay, for each day or part of a day that said effects remain in or on the grounds of the FACILITY and/or. STADIUM after the end of each USE PERIOD, unless otherwise permitted by the DIRECTOR or designee. 32. Parking: a. The CITY shall. furnish its normal and customary event parking facilities for public parking. The CITY will provide adequate Personnel to man such parking facilities, at its own cyst and expense. b. The CITY agrees that charges to the public for parking on CITY property shaLI not exceed the usual and customary charges for such parking, and provided that such charge is sufficient to ensure that total parking revenues are not less than the cost of operating the parking facility for the EVENT. The CITY shall be entitled to 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, inaccor.dance with applicable CITY Code provisions. 33. Concession Rights: it is understood that concession rights for all events at the STADIUM and FACIL..ITY 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, photgraphs and poseter.s. Such items offered for sale to the public are subject to the ;.tdvance approval of, the DIRECTOR or designee. The sale of food or beverages by the USER is strictly prohibited. 34. Indemnification: The i)SI',R 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 employees; the USER shall further indemnify CITY as to all costs, attorney's fees, expenses and liabilities incurred in the defense of any such claims and the investigation thereof. 35. Risk of 1,us,: The CITY %h,fl 1 not be liable! for any loss, injury or damage to any personal property or equipment belonging to the USER, or to anyone whomsoever., during any times the premises are under the control of and occupied by the USER. All personal property placed or moved on the subject premises shall be at the risk of USER or the owner thereof. Furthermore, it is the responsibility of the USER to provide security whenever, personal property either owned AP ,tcv_R 1. 3.1,— ,,O vrn -- d .. — . E — -"- - - - - 2 permitted. The company affording coverage must be acceptable to the CITY in terms of Management Classification and Financial Category ratings as stipulated by the latest i:►sue of Rest's Key Rating Code. The CITY ig to be provided with a ropy of such insurance policies and a certificate of same. 37. Default Provision:_ In the event that USER shall fail to comply witeach and every term and condition of this Agreement or fins tc) perform any of the terms and conditions contained herein, then CITY, at its sole option, upon written notice to 11SER may cancel and terminate this Agreement, and all payments, advances, or other compensation paid by USER while in defriult of the provisions herein contained, shall. be Cor. thwi th retained by CITY. 38. 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 cage 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. 39. Binding Agreement: All terms and conditions of this written Agreement shall he 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. 40. Nondiscrimination: USER shall not discriminate as to race, sex, color, creed, handicap or national origin in cannection with its performance .ind/or any operation under this Agreement. 41. Intent of Agreement: The parties intend that this document shall be a License Agreement and that no leasehold interest is conferred upon the USER. 42. Court Costs and Attorneys' Fees: if it becomes necessary Tor 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. 43. Nonassignment: This Agreement may not be transferred or assigned by USER without the express written consent of the CITY Manager.. 44. Entire Agreement: This instrument and its attachments constitute the sole and only Agreement of the parties hereto relating to the use of the FACILITY and correctly sets forth the rights, duties, and obligations of each to each other as if its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement arp of nn fnrcp nr effpet. ATTEST: Matty Iiir.ai, City Clerk ATTEST : Corporate Secretary CITY: THM CITY OF MIAMI, a municipal corporation of. the States of Florida: Cesar. H. Od o, City Manager USER: Mundial Sports Group, Inc., a for. -profit Florida c-orporat ion s gniturQ print name and title (SEAL) APPROVED AS TO INSURANCE: APPROVED AS TO FORM AND CORRECTNESS: r Insurance Manager. City Attorney APPROVED AS TO DEPARTMENTAL REQUIREMENTS: Alberto Ruder, Director Department of Parks, Recreation and Public Facilities Ll CORPORATE RESOLUTION W41EREAS ► the Board (if Directors (if Mund is t Sports Groin Inc., desires to enter into an agreement with the CITY of Miami for ust, of a portion of the ORANGE ROWLSTADIUM; and WHEREAS, the 13c.)ard of Directors of Mundial Shorts Group, 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 13y-Laws of the corporation; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS of Mundial Sports Group, Inc., that the President( ) or Vice- president( ) or secretary( ) (please check one) is hereby authorized and instructed to enter into a contract in the name of and on behalf of this corporation with the CITY of Miami for the use of the ORANGE BOWL STADIUM in accordance with the contract documents furnished by the CITY of Miami, and for the price and upon the terms and payments contained in the proposed contract submitted by the CITY of Miami. IN WITNESS WHEREOF, this day of Attest: , 198 CHAIRMAN, Board of Directors By Signature Print or Type Name (SEAL) qb 11 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO Honorable mayor and Members of a City Commission FROM. Vu i o City Manager Background DATE FILE DEC 2a1989 SUE31ECT Resolution Establishing Fees Mundial Sports Group, Inc. Soccer Games at Orange Bowl REFERENCES ENCLOSURES It is respectfully recommended that the City Commission adopt the attached Resolution establishing special charges, terms and conditions for the use of the Orange Bowl Stadium by Mundial Sports Group, Inc. for the presentation of a series of soccer games during the period February 1, 1990 through January 31, 1991. The legislation would also authorize the City Manager to execute an agreement with this organization for this purpose. Recommendation The Department of Parks, Recreation and Public Facilities has been working with Mundial Sports Group, Inc. to complete arrangements for the presentation of major soccer events at the Orange Bowl Stadium. This organization has offered to.present a minimum of four (4) international matches during a one year period. The first two of these events, the Marlboro Cup, are scheduled for February 2 and 4, 1990. With attendance estimated at 10,000 to 15,000 per game, only 1/2 of the stadium will be used. 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 Mundial Sports Group which delineates the various charges, terms and conditions for said use. Mundial has agreed to pay a minimum guarantee of $2,500 per game against 10% of gross admission sales receipts up to a maximum of $5,000 per game. Mundial will also cover all applicable surcharges, and personnel and operating expenses for each event. Based upon the agreement terms and past experience with sporting events of this caliber, we anticipate that gross revenue to the City will average $39,900 per game. With City total expenses estimated at $5,750 per game, average net City revenue is estimated at over $34,000, as shown in the table attached. 0 MARLBORO CUP LFEBRUARY 2 AND 4, 1990 REVEMW /SXPENSR PRO.?BCTIO1gS Proposed Neczotiation Feb. 2 Feb. 4 Total Est. Attendance 1 • W0 15,001 Ticket Price (average) $ 13.50 $ 13.50 Parking rate (incl. tax) $ 5.00 $ 5.00 Parking spaces used (est.) 3,000 3,000 Surcharge $ 0.75 $ 0.75 *************************** GROSS REVENUES ****************ar********** RENT - 2,500 vs. 10% cap - 5,000 $ 5,000.00 $ 5,000.00 SURCHARGE - ($0.75 x Attendance) $ 7,500.00 $ 11,250.00 CONCESSIONS - FOOD & BEVERAGE $ 8,420.00 $ 12,630.09 (Att. x $2.00/cap x 42.1%) PARKING (Est. spaces used x applicable rate) $15,000.00 $ 15,000.00 TOTALS $35,920.00 $ 43,Q80.oe ******************* EVENT EXPENSES / CITY PAID PARKING STAFF $ 3,250.00 $ 3,250.0e LIGHTS ($500/hr) $ 2,500.00 $ 2,000.0e TOTALS 5,75 5,2 0.0k sst:*srr:**�r�rss**s#s�ts�rs* NET CITY REVENUES *sssss#gsss*s:sssss*sssssi GALS $30,179.00 $ 38,630.01 #�r,rs::�rssssss*ss*�t**s*ss*ss**s*s**ss,r�rs*s*ss:ssarstsss�s:s:ssssssfss�rs�tsr GRAND TOTAL $68,800.00 AVERAGE CITY REVENUE: Gross $39,900 Net $34,250