HomeMy WebLinkAboutR-89-1035- J-e -s90
087/89
89-1035
RESOLUTION NO.
A RESOLUTION, WITH ATTACHMENT, ESTABLISHING
_ SPECIAL CHARGES, TERMS AND CONDITIONS FOR THE
USE OF THE ORANGE BOWL STADIUM BY THE KIWANIS
- CLUB OF LITTLE HAVANA, INC. FOR SAID
_ ORGANIZATION'S PRESENTATION OF "CARNAVAL
NIGHT" ONCE A YEAR DURING THE PERIOD
JANUARY 1, 1990 THROUGH DECEMBER 31, 1992;
FURTHER AUTHORIZING THE CITY MANAGER TO
- EXECUTE A USE AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND
-
- THE KIWANIS CLUB OF LITTLE HAVANA, INC. FOR
SAID USE.
— 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 cultural events
= and activities at said facility; and
WHEREAS, for several years, the Kiwanis Club of Little
Havana, Inc. has presented "Carnaval Night" at the Orange Bowl
i
Stadium during the month of April, in conjunction with its
festival series; and
—
WHEREAS, said organization desires to continue this
arrangement for the next three (3) years and has negotiated the
— attached contract with the staff of the Department of Parks,
_ Recreation and Public Facilities; and
WHEREAS, under the terms of the proposed contract, said
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".
organization will pay all required fees and expenses, including
3
- ticket surcharge and personnel, in accordance with City Code
provisions; ands=
WHEREAS, said proposed contract also calls for thei
applicable use fee of $5,000 vs. 10% of gross admission sales
�-
receipts for each event, but with a maximum total use fee of�
$12,500 per event; and
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WHEREAS, said organization will make advance payment in the
amount of $15,000'as a non-refundable deposit to the City of the
- - base use fuse `for the term of the contract; and
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WHEREAS, the City Manager and the Director of the Department
of Parks, Recreation and Public Facilities have determined that
the charges, terms and conditions of the proposed contract will
not adversely affect the revenue operations of said facility but
will provide a regular source of funding as well as cultural
entertainment for the benefit of Miami citizens and visitors; 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 special charges, terms and conditions as set
forth in the attached agreement for use of the Orange Bowl
Stadium by the Kiwanis Club of Little Havana, Inc. are hereby
established for said organization's presentation of
"Carnaval
Night" once a year during the period January 1, 1990 through
-
December 31, 1992.
Section 2. The City Manager is hereby authorized to execute
a use agreement; -in substantially the form attached, between the
City of Miami and the Kiwanis Club of Little Havana,
Inc. for
=
said use.
Section 3. This Resolution shall become
effective
immediately upon its adoption pursuant to law.
>'
PASSED AND ADOPTED this 30th day of ovemb
19890
{
XAVIEERR L. SUAREZ
ATTE
MATTY HIRhI, CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:
ah
CITY AT Ey
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utborieetion to forte *0j*et
o 11=ce wstb all requirewate tit my
be UWQO*d by tus City Att"Y'A i*
b41t jt tQ tboso Vr"0rjb .by.
CITY OF MIAMI, FbORIDA
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 Kiwanis Club of Little Havana, Inc., a Florida not
for profit corporation, with its office at 970 S.W. let Street,
Suite 408, Miami, Florida 33130, telephone 324-7349, 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 of Miami
known as the ORANGE BOWL STADIUM, the said facility to be entered
upon or into for the purpose of presenting an annual musical
concert known as "Carnaval Night" once a year.. The date and hours
for the concert of said annual event shall be mutually determined
! by both parties no later than sixty (60) days prior to said
I annual event. USER shall be allowed to conduct up to three such
! annual events during the term of this agreement, covering the
period commencing on January 1, 1990 and terminating on December
.`14
31, 1992. If required, setup shall begin five days immediately
preceding each event and dismantle shall be immediately after the
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end of the event. (Setup and dismantle time is normally free of-
�' charge unless unusually long periods of time are required).
Pursuant to the terms of this Agreeement and applicable City Code. y
,ate
provisions, the use hereby granted is restricted to one=half
(1/2) of said stadium.
USER shall mean licensee.
THE USER HEREBY COVENANTS AND AGREE �
1. To pay the City of Miami for each days use
f amid'547_-
facility: -
Five thousand dollars ($5, 000.00) xi.ni mum use,fee or: ,.:Qf ; .. r -
the gross ticket sales, after takes, whichever.. isVj;94t0
plus 61- State of Florida sales tax. The:;: total.: use
shall not exceed twelve thousand five . hundred 06114 ,
2. To y to the Cityfifteen thousand gins.
�' ($150900.00) for three day's use of said frofx4t
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tonmaf this,, exec dcvh�r*�swo
the contract smQgBt, or iQ4 of ticket 4814r 0
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s i iIm va * at the Vonclusion of hs y t y ;
3. 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 on the admission price as follows,
unless otherwise amended by City Ordinance during the term
of this agreement.
Price of Admi.ssi.on 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. USER
shall record collection of the surcharge and shall 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 the
City Code provisions and the terms of this Agreement.
4. 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.
5.
That: the USER shall pay to the City of Miami the cost of
any repair, rehabilitation, damage correction, replacement:
or restoration of the premises, or to defray any other
unusual but reasonable expense borne by the City as a
consequence of presentation of the event.
6.
That all advanced sums or advanced payment for, services
shall be forfeited if through the fault of the USER, the
event is not held on the dates and times contracted.
7.
The City reserves the right to enter upon the premises at
any time during the period of use as it deems necessary.
8.
The City reserves the right to remove from the premises all
USER effects remaining in or on the ground of the facility
after the end of the contract period, at the expense of,the
USER; or to charge storage at the rate of $1,000.00 per day,
for each day of part of a day that said effects remain in
or on the grounds of the facility after the end of the
contract period. For, purposes of this provision,
"dismantle time" shall be considered to be a part of the
contract term.
9.
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 Section 19-516
of the code of the City of Miami, relative to fire safety.
Fire Department manpower requirements to be determined by
'-
the Fire Marshal.
10.
That any matters not herein expressly provided for.shall,be
in the discretion of the City Manager -or. his designated
representative.
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11.
That USER has read the "Rules and Regulations for.Uee'of
City of Miami Municipal Facilities" which are attadhed--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 %otthi�'.
Agreement: he certifies that he will abide by each and every
�
rule and regulation set out. therein without the ne*d,to
have said Rules and Regulations repeated in this Agrien6nt•
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12.
The USZR shah, defend indemnify and save,'hatel.esa ' forever
the City, and .all the City' a of ftcerii ale tie atu
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employees, including all police officers and ataffirig.A
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specified in Paragraphs 16 and 17 of 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 or his employees; the USER shall
further indemnify City as to all costs, attor.ney's fees,
expenses and liabilities incurred in the defense of any
such claims and the investigation thereof.
13. 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.
14. 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 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 or used by the USER or his
licensees is placed on the premises during the term of this
Agreement including setup and dismantle times and, in
particular, during those hours the promises are not open to
the general public.
THE CITY HEREBY COVENANTS AND AGREES:
15. To furnish at Ci.ty's expense, except as may herein -be
otherwise provided, light for ordinary use, water for all
reasonable purposes, restroom supplies and nothing else.
THE PARTIES HEREBY MUTUALLY COVENANT AND AGREE:
16. That the following additional provisions shall be adhered
to:
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a. Occupational license is to be secured from the Tax and
License Division, 3006 Aviation Avenue, Miami, Florida,
and presented to the Assistant Director. of Public
Facilities prior to each event.
b. The USER is to provide a Certificate of Use and
Building Permit to be secured through City of Miami
Fire, Rescue & Inspection Services Department, 275 N.W.
2nd Street, Miami, Florida.
c.
d.
e.
f.
All parking revenue belongs to the City.
USER agrees to pay for necessary personnel such as
event supervisor, office attendants, electrIicians,
custodians, elevator. operators, groundsmen, securit,*
etc. Said personnel will be paid directly by: USER with
a four. (4) hour. minimum at rates establistsed by ;the
Director of Parks, Recreation and Public Facilities for
said event. The Director. of Parks, Recreation and
Public Facilities will provide the USER with ._an
estimate of said costs not less than 72 hours prior. to
the start of said event.
The Director of Parks, Recreation and Ruby.
Facilities, after full discussion of the, the type,i #
event with the USER, will contact the City of 10itf
Police Department for sufficient sec9-r'ity. Rr =; i
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Insurance coverage is to be provided by User and is
to be cleared through the City of Miami, Law
Department, located at 1 S.E. 3rd Avenue, Miami, FL ,
telephone (305) 579-6700. The policy must be endorsed
to name the City as an additional insured, and the City
is to be provided with a copy of the policy and a
certificate of same. No qualification of the
additional insured provision is permitted. The company
must be acceptable to the city. ,
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during and after the event. USER to pay City Police
after each event day.
g• USER agrees to pay for a groundsman on duty after
regular working hours if staging must be erected at
such time.
h. USER agrees to pay to the cleaning contractor for
Cleanup of facility after event has ended.
i. USER agrees to pay for trash and garbage removal after
the event has ended at the effective City/County
disposal rate. The 1989 rate of trash removal is forty
dollars ($40) per ton, or fraction thereof.
J. USER will install all staging and props,
including special lighting, etc., at own expense, same
to be approved by the Director of Parke, Recreation and
Public Facilities.
k. USER agrees to include in all advertising for event
in the facility that bottles and cans cannot be brought
into the facility.
1. Ticket manifest is to be presented to the Director of
Parks, Recreation and Public Facilities no later than
ten (10) days prior to each annual event.
m. Ticket sellers, takers, and ushers are responsibility
of USER.
n. User agrees to tear down immediately after event
has ended.
o. USER agrees to restrict all vehicles from grass; any
exception must be granted by the grounds and turf
manager.
—
p.
A maximum attendance of 35,000 will be permitted for
—}
this event.
6
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Gates are to open at least 2 hours prior to show time.
All tickets and advertising shall indicate gate opening
—
time. The City reserves the right to open gates or
-
adjust gate opening time as it deems appropriate based
_
on crowd control and conditions.
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USER agrees that he has no concession rights during
_
the duration of the Agreement.
s.
USER must provide the Director of Parke, Recreation and
Public Facilities with a copy of the licensing
contract held by the USER. The Artist/Promoter/USZR
—
warrants that all copyrighted programming to be
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presented has been duly licensed or authorised by the
_:
copyright owners or their representatives and agrees toY=
indemnify and hold the City of Miami harmless from any.
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and all claims, losses or expenses incurred with ie erg!
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thereto. USER agrees to and accepts the unequivocmbls
right of the Director of Parke, Recreation and, - Public
Facilities toi cancel any event if said valid liconses
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are not a part of the evens legal record, no later
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;
than seventy-two (72) hours prior to gate opening time
-
t.
USER shall provide the Director of Parks, Recreates►
and Public Facilities; with 7S �fivs eeventY -
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promotional tickets for each event for the uar'
p pose . of
promoting the facility for future events • CXl.
permit USER to use up, to five thousand (_5_jS 9), of
`
total tickets available for sale (3,@O) for
complimentary purpose*. All complimentary tiquete
issued in excess of S,000 of the total ticigot*
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available shall have a value equal to the t oust . }�
ciffAsed to the public AW shall be includod ib
r.
caldulation to determine gross ticket, sates as
described in Paragaph I of this Agreement.
All Complimentary tickets must be printed as
"COMPLIMENTARY TICKETS".
USER agrees not to put tickets on sale until this
Agreement has been signed, sealed and returned to the j
City of Miami. Parks, Recreation and Public paci.titles
Department.
17, 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 addi.tiona.l officers who
may be on duty at their normal hourly rate or off duty at
time and one-half pay.
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.
is.
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 to 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 premises borne by the City as a
consequence of presentation of the event. The Director, of
Parks, Recreation and Public Facilities shall, at his
option, be entitled to collect such sums of money owed.
19.
All terms and conditions of this written Agreement, shall
be binding upon the parties, their heirs and assigns, and
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cannot be varied or waived by any oral representation or
promise of any agent or other person of the parties here-
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to, unless the same be in writing and mutually signed by
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the duly authorized agent or agents executing this
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Agreement._
20.
That the parties intend that this document shall be
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a License Agreement and that no leasehold interest is
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conferred upon the USER.
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21.
If it becomes necessary for the City to institute
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proceedings to collect any monies due it by USER, USER
.agrees to a an and all reasonable attorney's fees and
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costs expended in the collection thereof.
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22.
This instrument and its attachments constitute the sole
'
and only Agreement of the parties hereto relating to saidi4:
Agreement, and correctly set forth the rights, duties and
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obligations of each other as of its date. Any prior
agreement, promises, negotiations, or representations notes
expressly set forth in this Agreement are of no force or
1d
effect.
F.
23.
No amendments to this Agreement shall be binding on either
party unless in writing and signed by both parties.
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24.
This Agreement may not; be trmnsforred•or assigned. by U0ER_
without; the express written consent of the City Manager`
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IN WITNESS WHEREOPt the parties hereto have individually and
through their proper corporate officials executed this
Agreement the day and year first above written.
Attests THE CITY OF MIAMI,
FLORIDA, a municipal
corporation of the State
of Florida
BY
C ty Clerk Cesar H. 0316
city Manager.
Attest: USERS Kiwanis of Little Havana,
Inc., a not -for. -profit
Florida Corporation
Corporate Secretary
Print Name
T t e
(SEAL)
APPROVED AS TO INSURANCES
APPROVED AS TO FORM AND
CORRECTNESSt ?'
City Attorney_'
Insurance Manager.
Jorge L. Fernandez
k
APPROVED AS DEPARTMENTAL
REQUIREMENTSs
er. t Ruder, Director
rks, Recreation and
,
ublic Facilities
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CORPORATE RESOLUTION
WHEREAS, the Board of Directors of KIWANIS
-OF LITTLE
HAVANA,
INC.,destres to enter into an agreement with
the City of Miami
'=
for use of the ORANGE BOWL STADIUM; and
WHEREAS, the Board of Directors of KIWANIS
OF LITTLE
HAVANA#
INC., has examined terms, conditions and obligations
of the
e;-
proposed Agreement with the City of Miami for
use of the
ORANGE
BOWL STADIUM,
WHEREAS, the Board of Directors at a duty held corporate
meeting has considered the matter in accordance with the By -Laws
of the corporation; q�
�i NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS of
KIWANIS OF LITTLE HAVANA, 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 teams and payments contained in the proposed contract
submitted by the City of Miami.
IN WITNESS WHEREOF, this day of
-, 198
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CHAIRMAN, Board of Directors} g
Y
By
S gnature
or TypeName
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Corporate Secretary S gna ure
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PrI
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CITY OF MIAMI, FLORIDACA=25
INTER-OFFICE MEMORANDUM
Honorable Mayor and Members
To : of the City Commission DATE : NOV 7 1989 FILE
Resolution to Set Use Fee —_
suaJEcr : for "Carnaval Night" for a
�V Three Year Contract Term
FROM : Cesar H . Od i o REFERENCES
City Manager
ENCLOSURES:
Recommendation:
_ It is respectfully recommended that the City Commission adoptthe
attached proposed resolution establishing special charges, terms
and conditions for the use of the Orange Bowl Stadium by the
Kiwanis Club of -Little Havana, Inc. for the presentationof
"Carhaval.-Night" once a year during the next three (3) calendar =
<years (1990 - 1992), and authorizing the City Manager to execute
a use agreement for same.
Background:
;The Department of Parks, Recreation and Public Fat ilitia9 `has
;prepared, the attached legislation. For the last "several-, yeire,
the `1Ciwanis Club:''of Little Havana, Inc. (the "Ki�vanfk`,sp) have
( presented "Caznaval Night" at the Orange Bowl ' Stadium .in,, April- as
part ;of their annual festival series, lWhich includes the Calle
. Ocho-Open House.
=In orderto :continue this fine tradition ofciultral
= ontertainment, the,, Riwenis have ,-offered;-to enter;`, rota: a �� ree ( - y
year-- contract with the City for' the one of the Stad�tiva, Ia;. �>
s"rreturn for -%:tbe extended cojamitment,: the° Kiw nie are, wil�.iisg
provide the City-*ith- a $15,000 nomn-refundable dept sit Ior the ,
three (3) annuals' shows, and have, asked the total use m ee ; Q 10
event, be capped at a maxim um of~ $l2, 500. Under nomcmai C1�tt
provieiana, the ;use fee in a-.Isiriminumla � $5,000 vs. `'10%o
admission sales receipts (whichever is greater), with noc►,.t
should be noted that all other required fees ;and experts VOL
,s incl4ding the', -tic' surcharge, event personnel and pol c t� s r
ba: p id b the K wanis. The selection ,of the event 'dat� '�ri`�.�.
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muhuya,�l).y detexsi lad each year at least lixty (60)
of tha actual.,event•
F=° Ba�ae c ae� fast auccat p these ;e�entl. appxQarye.+et� L
gross ` evammrllule to the City.. wii: a�aount to i.11�aah
per Vol* � a �tetai� of Over
pity s ; f h pOk
es �► ng 444�- .r
gie it'
1 he
lveR tQQ h va the a 4? _Oat ea e .over 70i 00 o Y,.
-
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Numpip
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"iFAL 1ium CORCM 1
C0NMRT 2
CONCERT 3 BSTIMATSD TOTAL
ram, 1990
91
" 1991
tir�tt�r�rtre+a+�*+�***tret�r,t;►*t***f►*** B A 8. B#**w********tr************************
'Attendance � `�2, 000
22, 000
22, 000
66,000
Ticket :Price* $10.00
$10.00
$10.00
N/A
Parking gate $ 4 00 ,
$ 4.00 ,
$' 4.00
N/A
parking 'lot(a) Capacity 3800 spaces
N/A
�r�rss�r�r ,► ***:*s:*, +i r:*, * a- R -0 S' S R
8 V 9 NUS,
$12,800**
$12,500**
$121500**
$37,500
SUMCEtA ME (Total Attendance s $0.75 )
16,rj-00***
16,500***
16,500***
49,500
CONMSS IONS (Att . _ $2' 00%caps 42.1$ )
:. POoA A am. 18,S24
18,524
18,524
55,572
pRI (Lot capacity s applicable rate)
15,200
151,2W
15,200
45,600
1101 $62,724';
$62,724
$62,724
$188,172
..
'T lf�i**************
CITY, RXP,
RS'S.BS
************•�*******A******
ACING"STAFF($3,500)
($3,500)
($3,500) "
($10,500)
Ao i ($2.500j' `
($2,500)
($2,500)
($ 7,500)
($6*000)
($60,000)
($6,000)
($18,000)
"N T C- I T Y
R ,B i/ 8 N U'..
8 8
$56,T24
#56;724-
$56***********************
.724
$170,172
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*#Jt prices are VariedI sh'6wn'pr.xce
represents
average
;.
a' intad a ane- of, �$5 *0 minimum vs.
'i0$ of gross receipts up -
to ' a maximum
4 1SoO per, �ner
mar '
'shown
w�11 with ticket price=
surcharge
.,represents
average
' -Ov 16—M,
,price
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' A Y.''`'..A..Yy;•!..-:R, .. yrs fiyr,',.. y'Ls in`i A. $.• !, t*. ., r
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