HomeMy WebLinkAboutR-89-0774Y
J-89-866
08/22/89
RESOLUTION NO. 897774
A RESOLUTION, WITH ATTACHMENT, ESTABLISHING
SPECIAL CHARGES, TERMS AND CONDITIONS FOR THE
USE OF THE ORANGE BOWL STADIUM BY CELLAR DOOR
CONCERTS, INC. FOR THE PRESENTATION OF UP TO
TWO (2) CONCERTS AT SAID STADIUM IN NOVEMBER,
1989; FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND
CELLAR DOOR CONCERTS, INC. FOR SAID EVENTS.
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 events at
said facility; and
WHEREAS, Cellar Door Concerts, Inc. has offered to present a
concert featuring internationally known recording artists at the
Orange Bowl Stadium for the scheduled date of November 16, 1989,
with an option for a second show on November 15, 1989; 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 user has agreed to pay a use fee of $25,000
for one show or $45,000 for two shows, and 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 charaes. terms anA
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 and concession revenue; and
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CITY COMMISSION
MEETING OF
SEP 14 1989
RESOLUTION No. 89 --774
WKEREAS, :section 52-131(C)(7)
Niaai j Florida, as amended, provides that the City Commission has
the right to establish and fist special charges or special terA§
and conditions for the use of said stadium;
NOW, THEREFORE, MR IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI# FLORIDAt
Section 1. The special charges, terms and conditions as
set forth in the attached agreement for the use of the Orange
Bowl Stadium by Cellar boor Concerts, Inc. are hereby established
for said user's presentation of up to two (2) concerts at said l
facility in November, 1989.
Section 2. The City Manager is hereby authorized to
execute an agreement, in substantially the attached form, between
the City of Miami and Cellar Door Concerts, Inc. for said events.
Section 3. This Resolution shall become effective
USE AGREEMENT
CITY OF MIAMI, FLORIDA
THIS AGREEMENT made and entered into this day of
1989, by and between the City of Miami, a Municipal
Corporation of the State of Florida, hereinafter referred to as
the "CITY" and Cellar Door Concerts, Inc., a Florida for
corporation with its principal office located at 2190 S.E. 17th
Street, Suite 312, Ft. Lauderdale, F1 33316, telephone number
(305) 940-0223 , hereinafter referred to as "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 facility of the City of Miami
known as the Orange Bowl Stadium ("the STADIUM") to be entered
upon or into for the purpose of presenting, at USER's option, one
or two concerts featuring the "ROLLING STONES", for the period
commencing at 11:00 p.m. on Friday, the 10th of November, 1989
and terminating not later than 12:00 noon on Friday, the 17th of
November, 1989. All USER effects must be cleared from the playing
surface by 12:00 noon on Friday, November 17th, 1989, but may be
stored in the east end zone area, as approved by the Assistant
Director, until 12:00 noon on Monday, November 20th, 1989, at
which time all effects shall be cleared from the premises. The
period from 11:00 p.m. on November 10th through 12:00 noon on
November 17th, 1989, hereinafter shall be known as the "Use
Period". The CITY agrees not to schedule any other events
including, but not limited to, groups or individuals touring the
Premises (as hereinafter defined) during the Use Period. The
concert performances ("the Concerts") will commence at
approximately 7:30 p.m. on Wednesday, November 15th, 1989 and/or
Thursday, November 16, 1989.
USER shall mean "licensee".
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PREMISES
_! 1. The Stadium and field known as the "Orange Bowl Stadium"
(the "Stadium"), including access tunnels, locker rooms,
rest rooms, public address system, the scoreboard,
ticket booths, 4th and 6th Levels of the Press Box, a
function area described in Section 17 below, adjacent
parking facilities, one secured room for merchandising,
such additional open space that may be used by USER
for an administrative trailer, and such other facilities
of the STADIUM as authorized by the Director of Parks,
! Recreation and Public Facilities, shall be herein
is
j referred to as the "Premises"; provided, that for
purposes hereof, the Premises shall not include the
Third and Fifth Levels of the Press Box, which are
reserved for the CITY for Stadium operations.
2. USER shall be entitled, at no additional cost, to the
use of at least two locker rooms with their customary
shower facilities on a 24-hour basis throughout the Use
Period.
USER HEREBY COVENANTS AND AGREES:
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3. To pay the City of Miami for the use of said facility:
. Twenty Five Thousand Dollars ($25,000.00) flat use fee
for one concert or Forty Five Thousand Dollars
($45,000.00) flat use fee for two concerts, plus 6%
State of Florida use tax. A Fifteen Thousand Dollar
($15,00O.00) non-refundable deposit is required and
shall apply against the said use fee. This Fifteen
Thousand Dollar deposit must be received by the Orange
Bowl Stadium Manager's office upon execution of this
agreement by the second party and submittal to City.
+e The balance of the use fee plus the 6% State of Florida
use tax on the total use fee will be paid at the close
of the event
4. Based upon an actual admission prica, 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:
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2 of 18
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Price of Admission
$1.00 to $5.00
$5.01 to $15.00
$15.01 and Over
Sur. cha+-%q
$0.50
$0.75
$1.00
Each printed ticket shall be itemized to show the
admission price, applicable taxes, any service charge
from outside ticket agencies, and the Ci.ty's ticket
surcharge. All admission tickets must be printed by a
bonded printer and listed on a ticket manifest. The
manifest. shall be presented to the Assist -ant Director,
and 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 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 City Code provisions and the
terms of this Agreement.
5. To pay the CITY, on an actual cost basis, for expenses
incurred by the CITY for. Police, Fire, field lights,
cleanup, field cover, plywood, wrist: bands, materials
and event staffing services requested by USER. Such
payment shal..l. be made immediately upon the conclusion of
each event and no .later. than 24 hours thereafter_.
Payments which cannot: be determined until a later, time
shall be paid within ten (10) days of the date an
invoice is submitted to USER.
6. To pay the City of Miami the cost of any repair,
rehabilitation, or restoration of the field, subject: to
the limitations in Section 28 below.
7. That all. advanced sums shall. be forfeited if, through
the fault of USER and within one week prior to the
Concert-, the Concert is cancelled, except: as provided in
Section 39 below.
8. The CITY reserves the right to remove from the STADIUM
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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 STADIUM, to
charge storage at the expense of the USER at: a rate of
Five Thousand Dollars ($5,000.00) for each day or part
of a day that said effects remain in or on the grounds
of the STADIUM after the end of the Use Period.
9. To provide a diagram of the Proposed event; layout to the
Office of Fire Prevention, 275 Northwest• 2nd Street,
Miami, Florida and obtain fire/assembly permits required
by Section No. 19-516 of the Code of the City of Miami,
relative to fire safety, in accordance with Section
19(a) below. Fire Department manpower_ requirements shall
be determined by the Fire Department.
10. That any matters not herein expressly provided for shall
be at the discretion of the City Manager or his
designated representative, the Director. of Parks,
Recreation and Public Facilities.
11. (a) USER shall 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 Sections 16 and 26 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,
performed in his assigned duties, by himself or his
employees. USER shall further. indemnify CITY as to
all costs, reasonable attorney fees, expenses and
liabilities incurred in the defense of any such
claims and the investigation thereof pertaining to
claims on the property of the Orange Bowl.
(b) The CITY assumes no responsibility whatsoever for
any property placed on the Premises by USER and
expressly is relieved of any and all liability for
any loss, injury, theft, damage or destruction of
it
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goods, that may be sustained by reason of the use 4�
of the premises pursuant to this Agreement.
12, USER shall not discriminate as to race, sex, color, j
creed, handicap or national origin in connection with '
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any operation under this Agreement.
13. USER shall construct the stage off the Orange Bowl
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football playing field and east of the east end zone,
The stage shall not be set on any portion of the playing
field.
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14. USER shall give the CITY the option to purchase, at
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the Full Ticket Price (as defined in Section 32
i
below), a total of up to one thousand five hundred
(1,500) tickets per concert, in sections designated by
the Assistant Director of Parks, Recreation, and Public
Facilities.
THE CITY HEREBY COVENANTS AND AGREES:
15. That the Premises will be operated and maintained in
good, clean working order and operating condition by
the CITY during the Use Period, including by way of
illustration and not limitation: all turnstiles,
aintin utili t'' 1
ies, a evators, heating and air
conditioning equipment, lights, machinery, pipes,
plumbing, wiring, electrical fittings and outlets.
16. At the request of USER, the CITY will provide a list of
facility services, building staff and other personnel
required to stage the Concert, and the estimated
aggregate cost thereof.
17. On the Concert Dates, the CITY will provide, at no cost '-
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to USER, a function area on the Premises for pre -Concert
ttr�d post -Concert buf!Ceto. All nxpenses with renpact to
the froLla and bev(:ra9ea servel .t fimkd b%j"fotta nhall lie
pa ... I`y U S T1K.
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19. In addition, the CITY shall comply with the following
t:equirementst
(a) The CITY shall use its best effort, to assist
USER in 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 staging the Concert. The cost of any
such permits shall be borne by USER.
(b) USER shall provide to CITY an engineered blueprint
of the stage and roof structure that will be used
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for. the event. This is necessary to obtain the
required building permit.
3; (c) USER shall have the right, at no additional cost
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and subject: to existing contractual obligations and
to the prior consent of the CITY, to hang banners
and otherwise accord credit to any sponsor.,
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equipment supplier or other entity involved with
the specified concert tour.
'(d) Control of the internal security services inside
the STADIUM shall remain the responsibility of USER
o.r. their_ designated agent, who shall consult with
the Director of Parks, Recreation and Public
Facilities. USER shall pay for said internal
security service.
i (e) CITY represents that USER may provide, at USER's
own cost, catering services for all tour personnel
and production staff.
}
(f) USER shall ensure compliance with all necessary
union requirements (if applicable) in connection
with the personnel and services engaged for
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presentation of this concert. The CITY shall use
—' ;its best effort to inform USER of the terms of any
grade uniwritten-or agreement, written or. oral, affecting
all relevant personnel or services used in
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connection with the Concert, and shall assist USER
in complying with such agreements.
(g) All entry to the Premises, including any press
boxes, and other viewing areas, on the Concert Date
shall be by ticket only, purchased at the Full
Ticket Price (as defined in Section 32
her.einbelow), except for employees of USER and
CITY actually working at the Concert who have
received passes issued by USER, and except as
otherwise provided by this Agreement.
(h) Access to the backstage areas throughout the
Use Period shall be under the control of USER, to
be exercised in a reasonable manner. The CITY
shall ensure that no operations of the STADIUM
within its control shall interfere with the
successful production and presentation of the
Concert. The CITY will inform, in writing, the
relevant vendors and concessionaires of this
limitation on their access to such areas.
(i) Control over the number and location of house
photographers and general. press photographers
throughout the Use Period shall remain with USER.
(j) USER shall be permitted to use such trucks and
forklifts on the STADIUM's field, as authorized by
the Director of Parks, Recreation and Public
Facilities, for the successful production and
j
presentation of the Concert, in accordance with
guidelines established in consultation with the
Dir.ecto.r. of Parks, Recreation and Public
Facilities, including, but not .limited to,
procedures to minimize damage to the field.
(k) The CITY will provide two house radios (if
Fi
available) at no cost to USER for use by USER's
f production and security staff during the Use
Period. USER shall assume costs for said radios if
they are damaged or not returned immediately
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after event.
(1) The CITY will provide adequate access to the field
seating areas for.• patrons at no additional cost to
USER.
(m) The CITY will provide USER with up to 70 police
barricades for use during the Use Period, if
required.
20. The CITY shall provide USER, at no additional
charge, for USER's use, the existing electric power
services at the orange Bowl during the Use Period.
21. The CITY will use its best efforts to prohibit resale,
counterfeiting and "scalping" of tickets for. the
Concert(s) on the Premises. The tickets that the CITY
is entitled to purchase pursuant to Section 14 above
shall be purchased at the Full Ticket Price, may not be
resold at a price in excess of the Full Ticket Price,
and may not be used in any promotional program or sold
or given to any ticket brokers or agents without the
prior written permission of USER.
22. The CITY will use its best efforts to ensure that no
cameras, recording devices, cans, bottles, glass
containers, banners, fireworks, weapons or other objects
that may be used as missiles, are allowed in the
Premises.
23. The CITY will have an authorized representative with
decision making authority from the Department of Parks,
Recreation and Public Facilities available at all times
throughout the Use Period for consultation with USER.
24. USER shall provide a seating plan prior to the Use
Period, for approval by the Director, of Parks,
Recreation and Public Facilities and the requisite
public safety officials, whose approval shall not be
unreasonably withheld.
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25. The CITY will permit USER and its authorized vendors
to erect novelty sales tables on the concourse, outside
the Stadium near, the entry gates and on the field
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subject: to approval by the Fire Marshal and the Director `
of Parks, Recreation and Public Facilities Department,
Tilt PARTIES HEREBY MUTUALLY COVENANT AND AGREE:
26. The USER will provide all City of Miami police regdired
to secure the outside of the stadium, before, during,`t
and after. the event and all City of Miami Police for zr
Traffic Control before and after the event. Police shall
be paid by USER.
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27. That the following additional provisions shall be
adhered to:
(a) USER shall obtain and maintain in force for the
length of this Agreement, general .liability
insurance on a Comprehensive General Liability form
or an equivalent policy form with at least a
Combined Single Limit of $2,000,000 per occurrence
for bodily injury and property damage liability.
In addition to premises and operations coverage,
the policy or policies utilized shall be extended
t:o include products and completed operations
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coverage, personal injury liability coverage and
contractual liability coverage sufficient to cover
the liabilities assumed in this Agreement. The
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City of Miami is to be named as "Additional
Insured" on all policies, as supplied by USER's -
insurance certificate.
The Department of Parks, Recreation and Public
a Facilities, 1501 N.W. 3rd Street, Miami, _
Florida 33125, (305) 643-7100, requires a certified
copy of said policy as soon as possible. Any
questions regarding insurance should be directed to
Segundo Perez, Insurance Manager., City of Miami Law
Department, 1 S.E. 3rd Avenue, Suite 1100, Miami,
FL 33131 (305) 579-6700.
-, The intent of this Section 27(a) is that USER
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provide primary insurance rot:ect:ion to t-he CITY in
p. p• Y p.
the event of any loss arising out of perils or.
hazards covered by the required policy or. policies.
(b) The CITY shall furnish, at no cost to USER, its
normal and customary event parking spaces for the
public, limited by the fulfillment of CITY's
obligations pursuant to subparagraph (e) of this
section, and adequate personnel to man such parking
facilities, at locations convenient to the
Premises.
(c) The CITY shall provide, immediately adjacent to
the STADIUM, 37,000 square feet of the E-1 Parking
Lot, at no additional. cost to USER. If USER
decides to utilize said portion of the E-1 Parking
Lot, USER will be responsible for security of same.
(d) The CITY warrants and represents that it shall
arrange for and implement its 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.
'(e) The CITY agrees that charges to the public for
parking on its property shall not exceed the usual
and customary charges for such parking. The CITY
shall be entitled to 100% of all gross receipts
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from parking charges.
(f) USER will provide and install all staging and
props, including special. lighting, etc., at its own
expense.
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(g) USER agrees to provide, at its own expense,
portable toilet facilities for, designated field and
operations areas in a number to be reasonably
determined by Director. of Parks, Recreation and
Public Facilities for use pr.i.or to, during and
after, event.
(h) USER agrees to include in all advertising for. the
Concert in the facility that bottles, cans, glass
containers, weapons, banners, "fireworks, cameras
and recording devices may not be brought into the
89- 7 74
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facility.
i) Wicket. sellers; . takers and ushers are the responajL
bility of USER•
(j) USER agrees to begin to tear. down its equipment:
immediately after. the Concert has ended.
(k) A maximum attendance of 80,000 (including field
and stadium seats) will be permitted. Ten
thousand (10,000) reserved field tickets may be
printed and sold, and no more than ten thousand
(10,000) persons shall be permitted on field. USER
shall supply ample security to maintain this limit.
(1) Gates shall be opened three (3) hours prior to
show time. All advertising shall indicate gate
opening time. The Director. of Parks, Recreation
and Public Facilities reserves the right to open
gates or adjust: gate opening time as lie deems
appropriate based on crowd control and conditions,
after. consul.tat:ion with the USER.
(m) The CITY has all concession rights for food and
beverages and has contracted for the operation of
the concessions for the sale of all food and
beverages sold at the Premises. Prices shall not
be in excess of those customarily charged at the
Premises. The CITY will use its best efforts to
prohibit food or beverage hawkers on the field
after. 8:00 p.m. No alcoholic or, malt beverages of
any kind shall be sold in the Premises, except in
the private suite or club areas.
(n) The CITY will grant to the USER the merchandising
rights to sell programs, novelties and other items
limited to T-Shirts, buttons, hats, other apparel,
records, tapes, and photographs referring to the
ROLLING STONES. As compensation for the grant of
said privilege, USER agrees to pay to the CITY
$1.00 per admission ticket sold,, up to a maximum of
$50,000 for one concert or. $100,000 for two
concerts, plus 6% State of Florida sales tax based
on fee paid to CITY.
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(o) The CITY will use its best efforts to prohibit the
unauthorized sale or, distribution on the Premises
of novelties or other items not licensed by the
ROLLING STONES.
(p) USER agrees that it has no food or beverage
concession rights during the duration of this
Agreement.
(q) USER w.i.11 provide to the CITY a copy of the
blanket BMI and/or or ASCAP license which it has
obtained in connection with the ROLLING STONES
Tour.. USER represents and warrants that all BMI and
ASCAP fees for. the Concert: will be paid by USER and
further agrees to indemnify and hold the CITY
harmless from any and all claims, losses, or
expenses incurred with regard thereto.
28. USER agrees to leave $50,000 deposit with the City for
a period of 24 hours after the conclusion of the
concert: as a deposit against damages to the
playing surface. Within the 24 hour period immediately
following the concert, USER and the Director. of Parks,
Recreation and Public Facilities, or, his designee, will
inspect' the playing surface for said damage. If damage
is found, the City will retain the above mentioned
.deposit until all field repairs are completed.
29. USER agrees to install and remove, at its expense, a
geotexti_l.e field covering and plywood, which the CITY
shall supply to USER, sufficient in size to cover the
entire grass surface area of the playing field. The
field covering will be put in place prior to the Concert
date and will be immediately removed at the end of the
Concert date. The installation of said covering shall
be coordinated with the Grounds and Turf Manager. of
Parks, Recreation and Public Facilities.
30. USER shall supply and distribute wrist bands to all
field ticket holders. If CITY supplies said wrist
bands, USER will be responsible for this cost.
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31. Setup and installation as provided in section 29
above shall not exceed 80 hours prior to the Concerts.
Removal as provided in Sections 29 shall not exceed 24
hours after the end of the Concerts.Al
32. The Base Ticket Price to the Concert shall not
exceed $28.50 per person, inclusive of all applicable
taxes. The Base Ticket Price plus the City of Miami
surcharge, referenced in Section 4 herein, shall equal
the Full Ticket Price. Applicable ticket outlet. service
charges) may be added to the Full Ticket Price.
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33. The CITY shall have no interest or right with respect to
any ancillary rights or assets arising out of the
Concerts, 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 Premises 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 Concerts. If
the Concerts are to be recorded by any visual and/or
audio medium, the words "Orange Bowl Stadium" shall be
displayed or printed as mutually agreed upon by USER,
the ROLLING STONES and the CITY.
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.
34. (a) Subject to guidelines mutually established in
advance of the concert: dates, USER shall have the
right at all times to control that portion of the
Premises used for the production and presentation
of the Concerts, 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
Premises during the Use Period. USER and its
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89-7 74
authorized representatives shall be permitted to
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' enter all portions of the Premises used for. the
production and presentation of the Concert 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.
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(c) Notwithstanding anything in this Agreement to
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the contrary, nothing herein shalt interfere with
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CITY's right to take any necessary action to
protect public safety and to safeguard City
property.
35. No video or sound feed shall be provided to any press
box or luxury suite or, box or any other, area of the
Premises without. the express prior permission of USER.
36. The CITY hereby grants to USER, at no cost to USER,
full access and control. of Box Office Number. Eight and
all drop boxes (used to deposit torn tickets) at the
Premises on the Concert Dates.
37. USER may, subject to any governmental regulations
or to the direction of a public officer., or to the
reasonable discretion of the Director. of Parks,
Recrea'.:ion and Public Facilities, direct the opening and
closing of entrances and exits during the Use Period.
All materials and equipment shall be brought into or
removed from Premises only at entrances and exits
designated by CITY. Notwithstanding anything herein to
the contrary, this Agreement shall not limit the CITY or.
STADIUM officials or. CITY STADIUM tenants in the use of
their offices nor interfere with the normal operation of
the STADIUM, provided that such operations do not
interfere with the successful production and
presentation of the Concerts.
38. 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
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89-'774
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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
a
against such party in accordance
with the terms hereof.
39. (a) If, through no fault of the
CITY, the Premises
or
�>
any part thereof shall be
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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 Concerts on the
Premises, 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 Premises by the United
States, the State of Florida, or any other
authority, this Agreement shall terminate with
respect to any such Concerts as may be thereby
affected, without any liability of either party to
the other except as provided in Section 39(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 Concerts which are not so
performed.
(b) In the event the Concerts are cancelled for
any reason, including, but not limited to, the
reasons set fortis in Section 39(a) hereinabove,
USER shall be liable to the CITY for actual costs
incurred pursuant to Section 5 hereinabove which
have been irrevocably incurred in connection with
hosting the Concerts but shall not be liable to the
CITY for any lost profits or consequential damages
of the CITY.
40. The CITY, through the Director of:Parks, Recreation and
Public facilities, at its sole option and discretion,
shall be entitled to demand full payment for any unpaid
15 of 18 89--774
use fee and/or expenses incurred by USER at Lhe close of
the event.
USER grants to the CITY the first right of claim to be
paid from all monies that are on hand such as "on
a:
premises ga':e receipts" or. all monies held by USER's
ticket sales agency for any unpaid use fee, expenses,
surcharge, additional services, accommodations,
materials furnished, cost of repair., r.ehabilit_ation,.
damage cor..r.ect.ion, and/or replacement or restoration of
premises as a consequence of the presentation of the
of Parks Recreation and Public
event. The Director,
�
Facilities shall be entitled to collect all such funds
due the CITY and the CITY shall be paid prior to payment`
c..
of any other bills or sums of money owed by the USER.
:i
USER agrees that any agreement entered into by the USER
with a ticket sates agency or agencies will include the
agency's recognition that the CITY has first right of
.F
claim, and the CITY is to be paid from any and all
monies held by the said ticket agency. on premisese
gate receipts shall be defined as all sums of money
collected by the USER or his agent in connection with
,
the "ROLLING STONES" concerts.
x.
41. CITY shall permit USER to use up to 1%, or amount
stipulated in the City Code, of the total tickets
printed for complimentary purposes.
r.�
42. 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.
43. Unless otherwise provided herein to t:he 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:
16 of 18
r
As ,T'O USER!
Z'e`.: a'r"6o'or. Concertse Inc.
2190 S.R. 17th Street
Suite 312
Ft:. Lauderdale, PL 33316
AS TO THE CITY't
CiMF. to
City Manager.
3600 Pan American Dritve
Miami, FL 33133
cct Alberto Ruder., Director
Parks, Recreation, and
Public Facilities Department
1390 N.W. 7th Street
Miami, FL 33125
44. This Agreement may not be transferred or assigned by
USER without the express wr.itt.en consent of the CITY.
45. 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.
46. 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 att:orney's fees and
costs expended in the collection thereof.
47. This agreement will be construed according to the laws
of the State of Florida.
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
Attest:
CITY OF MIAMI, a Municipal
Corporation of the State of
Florida
BY
Cesar. H. Odio
City Manager.
USER: Cellar. Door. Concer.ts,Inc. y3
a Florida for profit
corporation
..3a
BY
Corporate Secretary Signature
17v3Hfi iJ♦ FSR�i�ID$Z
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. RER► DIRRCTOR
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....�TO _
PAO aleclUATION AND PU13LIC
FA(,DgPARTMENT
.
.
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1,41
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Y
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N-r .4Y.�. ,v'a.9?•�+'��t�.+l ?.-.. �1. ,. ai'i•' +�:4tK..>- �• .. �•Y �� � i.s;4< <kx+.. 'e�<5v
WHEREAS, the 13oard of
Directors
of CELLAR DOOR CONCERTS,
INC., has examined terms,
conditions
and obligations of the
proposed Agreement with the
City of Miami
for use of the ORANGE
`I
BOWL STADIUM;
f
WHEREAS, the Board of
Directors
of CELLAR DOOR CONCERTS,
INC., has examined terms,
conditions
and obligations of the
E
proposed contract wi`.h the
City of Miami for use of the ORANGE
BOWL STADIUM, and;
WHEREAS, the Board of
Directors
at a duty held corporate
meeting has considered the
matter in accordance with the By -Laws
of the corporation;
NOW, THEREFORE, BE IT
RESOLVED BY
THE BOARD OF DIRECTORS of
CELLAR DOOR 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 ORANGE BOWL STADIUM; 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 contract
submitted by the City of Miami..
IN WITNESS WHEREOF, this day of
198 .
Attest:
mi
CHAIRMAN, Board of Directors
By
Signature
Print or. Type Name
(SEAL)
j EXHIBIT 1
CITY OF MIAMI, FLORIDA C-Am2'1
INTER-OFFICE MEMORANDUM
DATE : S c D FILE
TO: Honorable Mayor and Members 1.`
of the City Commission SUBJECT
Resolution Authorizing Agree-
ment with Cellar Door Concerts
FROM : Cesar H . Od i REFERENCES: +
City Manager
ENCLOSURES:
Background
it is respectfully recommended that the City Commission adopt the
attached Resolution authorizing the City Manager to execute an
agreement with Cellar Door Concerts, Inc. for the presentation of
up to two (2) concerts at the Orange Bowl Stadium in November,
1989.
Reco> endation
The Department of Parks, Recreation., and Public Facilities has
been working with Cellar Door Concerts, Inc. to complete
arrangements for the presentation of major events at the Orange
Bowl Stadium. Cellar Door Concerts, Inc. has offered to present
a concert featuring internationally known recording artists, the
Rolling Stones, at said Stadium on November 16, 1989, with the
option for a second show on November 15, 1989.
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 Cellar Door which delineates the various charges,
terms and conditions for said use. Cellar Door has agreed to pay
a flat use fee of $25,000 for one show, or $45,000 for two
shows, and all applicable sucharges for each concert. Cellar
Door will also cover all stadium personnel and operating expenses
for each event.
Based upon the agreement terms and past experience with
performances of this magnitude produced by this user, we
anticipate that gross revenue to the City will amount to over
$432,000 for, the two concerts. With City total expenses
:__,..ai.�.. a.he n^"101*V rebate. net City
' s x
REVENUE PFMJF TIONS
CSLt AR DOOR CONCERTS AT THE ORANGE DWL STADIUM
CONCERT 1 CONCERT 2
Rolling Stones T O T A L
***************************g A S
Total Est.
Attendance 55,000 70,000 125,000
Ticket Price* $28.50 $28.50 N/A
Parking rate $ 6.00 $ 6.00 N/A
Parking lot Capacity 3000 spaces N/A
********************G R O B S R E V E N U E Srr******************
RENT**
$ 25,000
$ 20,000
$ 45,000
additional
SURCHARGE (Total Attendance x $1)
@ $1 55,000
70,000
125,000
Att.
CONCESSIONS (Attendance
x $2.40/cap x 42.1%)
FOOD & BEV.
55,572
70,728
126,300
CONCESSIONS (Attendance
x $1.00/cap,
maximum $100,000)
NOVELTIES
50,000
50,000
100,000
PARKING (Lot capacity x
applicable rate)
1._
18,000
36, 000
TOTALS
$203,572
$228,728
$432,300
*****************C
I T Y E X P
E N S E S******************rr*
NOVELTY REBATE
($20,000)
($20,000)
($40,000)
40% of
figure above
PARKING STAFF
(4,300)
(4,300)
(8,600)
TOTALS'
($24, 300) ($24, 300)
($48, 600 )
C,I
T Y R E V E X U$ 8***# **w* #***# f
..
`
TCTW, • . .
$179,272 $204,426
0383,700
* Ticket prices include
tax, exclude applicable
surcharge,
putlet=-•fees,
** a-ecQtiated.,
rent of $25, Q00 flat for
one sbow or
4 00" - two abows by same actA.
e