HomeMy WebLinkAboutR-89-0620RESOLUTION NO.9""62,
A RESOLUTION, WITH ATTACHMENT, ESTABLISHING
SPECIAL CHARGES, TERMS AND CONDITIONS FOR THE
USE OF THE MIAMI MARINE STADIUM By WORLD CUP
JET SKI, INC. FOR SAID ORGANIZATION'S
PRESENTATION OF THE BUSCH WORLD CUP JET SKI
CHAMPIONSHIP AT SAID STADIUM ON SEPTEMBER 3
AND 4, 1989; FURTHER AUTHORIZING THE CITY
MANAGER TO EXECUTE A USE AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE
CITY OF MIAMI AND SAID ORGANIZATION FOR SAID
EVENT.
Facilities
Department
responsible
sporting events at
Recreation
operation
presentation
WHEREAS, World Cup Jet Ski, Inc. wishes to conduct the Busch
World Jet Ski Championship at said facility on September 3 and 4,
1989; and
WHEREAS, Director of the Department of Parks, Recreation and
4} Public Facilities and the City Manager have determined that
■ modifications to the standard use charges, terms and conditions
1 as specified in the City Code are appropriate for said event and
recommends approval of same; and
WHEREAS, said organization has agreed to pay a total use fee
of $2,250 versus 10% of gross admissions receipts, to cover
V stadium personnel and operating expenses for said event, and to
i
assess the applicable surcharge on paid admissions in accordance
a; with Ordinance No. 10439, as amended; and
WHEREAS, the modified charges, terms and conditions of the
RRc proposed use agreement will generate adequate revenue to the City
s { of Miami; and
WHEREAS, Section 53-�118(C)(5) of the Code of the City of
fi Miami, Florida, as amended, provides that the City Commission has `5
+t the right to establish :and fix:, special, charges orz special terms
sj
and `condo ti ons ' fox the -use -of said,:, stada.mmt.
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NOWT 'THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA!
Section I. The special charges; terms and conditions as set
forth in the attached agreement for use of the Miami Marine
Stadium by World Cup Jet Ski, Inc. are hereby established for
said organization's presentation of the Busch World Jet Ski
Championship at said facility on September 3 and 4, 1989.
Section 2. 1/ The City Manager is hereby authorized to execute
a use agreement, in substantially the form attached, between the
City of Miami and World Cup Jet Ski, Inc. for said event.
Section 3. This Resolution shall become effective
immediately upon its adoption pursuant to law.
PASSED AND ADOPTED this 13th day of
ATTE
ITY CLERK
PREPARED AND APPROVED BY:
July ,.1 , 1989.
ER L
MAYO
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 Miami Marine
F A C T S H E E T
$USCH WORLD CUP JET SKI CHAMPIONSHIP
MARINE STADIUM - SEPT. 3 & 4, 1989
PROJECTED REVENUES AND EXPENSES
Base Ticket Price: $6.00 advance, $10.00 day of show, $20.00
boat (excluding surcharge & outlet fee)
Estimated Attendance: 1,000 per day
Surcharge: $0.75
2=229
E
City OF MIAMI, FWRIDA
day of
THIS AGREEMENT made and entered into this
1089* by and between the CITY OF MIAMI, Municipal
corporation or the state of P1ot1da# hereinafter referred to
as
the "CITY" and Wo#Lb CUP JET SKIP INC., a New Jersey for profit
corpotation, with Its principal office at 609 crescent brivet
.
-
bound brook, New J#tbeYt 08805# "lephone number (201) 271 4071#
hereinafter referred to as the "USSR".
I R 9 C I T A Ls
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 MIAMI MARINE STADIUM, the said facility to be
j - &. - 4v - w &um r%,,rr%,%aa of nr@&@ntina the Busch
World cup Jet Ski Championships and for no other purpose
whatsoever, for the period commencing at 8:00 a.m. on Sunday,
September 3, 1989 and terminating at 8100 P.M. on Monday,
September. 4, 1989, not including setup or dismantle times. if
required, setup shall be on Saturday, September 2, 1989, and
dismantle shall be completed no later. than Tuesday, September 5,
1989. (Setup and dismantle time is normally free ofcharge
unless unusually long periods of time are required).
USER shall mean licensee.
THE USER HEREBY COVENANTS AND AGREES
1. To pay the city of Miami for the use of said facility:
TZ
Sunday, September. 3, 1989 - One Thousand Five Hundred
Dollars ($1,500-00) minimum use fee or. 10% of the gross
ticket sales, after taxes, whichever is greater, plus 6%
State of Florida Use Tax.
Monday, September 4# 1989 - Seven Hundred Fifty Dollars
($750-00) minimum use fee or 10% of the gross ticket sales*
after taxes* whichever is greater, plus 6% State of'Florida
Use Tax.
To.. pay..the CITY Two Thousand Three Hundred Eighty Five
..Dollars. ($2#305.00) of the contract pride o6, the execu
'd
and delivery of tbi s Agreeme nt. The remainder f' the
co tr4c&amounts jo% of gr
q s tic)etsales,after tape;,
shA 11 bepaid, at the concle event:', Of n,
applicable.'
-7.5�
excl viAng:
eased actual o 'ton t I to es� upon on, ac- ]-
a M,ss, pr,
'e I.Ty
e ISER-- shall A 'vy:�'and d On*b b
urch4r9e, on each pold- - admission, The
M on
I The used be. ad
�,,',�qurObarge .ahail
Price of Admission Surcharge
$1.00 to $5.00 $0`50
$5,01 to $15.00 $0.75
$15.01 and rivet $1.00
Each printed ticket shalt 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 shalt be
presented to the Assistant Director at the time of the
Signing of the agreement or no later than the beginning of
the use period, 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 shalt 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.
4. To pay the CITY, on demand, such sum or sums as may be due
to said CITY for additional services, accommodations, or
materials used or furnished to said USER.
5. That USER shall pay to CITY the cost of any repair,
rehabi I i ta 1: ion, damage correction, replacement or
restoration of the premises, or to defray any other unusual
but reasonable expense borne by CITY as a consequence of
presentation of the event.
6. That all advanced sums or advanced payment for services
shalt be forfeited, if through the fault of the USER, the
event is not held on the dates and +:i.mes 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 same rate statedin
Paragraph 1 of this Agreement, 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 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 shalt be as
stipulated by the Fire Marshal and approved by the
_
Assistant Director. _
10. That any matters not herein expressly provided for shalt be
in the discretion of the City Manager, or his designated
-
representative.
11. 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 certifies that he will abide by each and 'every
rule and regulation,' . Said rules and r.egulatJons are, it raby }
made a part of this Agreement as fully as though they ;were
_
herein set forth at length. r
j E `
TRW�A
} Ph }5y*
12. The USER shall indemnify and save harmless forever the
CITY, and all. the CITY's officers, agents and employees,
including all staffing as specified in paragraph 16 of this
Agreement, from all charges or claims resulting in any
petsonat 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,
attorney's fees, expenses and liabilities incurred in the
defense of any such claims and the investiga*ion thereof.
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 premises are under the
control of and occupied by the USER. All personal property
placed dr. moved on the subject premises shall be at the
risk of the USER or the owner thereof. Furthermore, it is
the responsibility of the USER to provide security wherever
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 premises are not open to
the general public.
14. USER agrees that there shall be no discrimination as to
race, sex, color, creed, national origin or handicap in
connection with any operations under, this Agreement.
THE CITY HEREBY COVENANTS AND AGREES:
15. To furnish at CITY's expense, except as may herein, be
otherwise provided, light for ordinary use, water for all
reasonable purposes, r.estroom supplies and nothing else.
THE PARTIES HEREBY MUTUALLY COVENANT AND AGREE:
16. That the fol.lowi.ng additional provisions shall be adhered
to:
a. occupational license to be secured from the Tax and
License Division, 3006 Aviation Avenue, Miami, Flor.ida'#
and presented to the Assistant Director prior to the
start of the use period.
b. Insurance coverage is to be provided by USER and is
to be cleared through the City of Miami, Law
Department, Insurance Manager., located at 1 S.E. 3rd
Avenue, Miami, FL, telephone 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.
e. The Alaistaht bitector of Public Faciliti.es, after
full discussion of the the type of event with the
USER, wilt contact the Ci`.y of Miami Police Department
to determine sufficient security provisions prior to,
during and after the event.
f. USER agrees to pay for a groundskeeper on duty after
regular working hours if staging must be erected at
such time.
g. USER agrees to pay for the cleaning contractor for
cleanup of facility after event has ended-
h. USER agrees to pay for. the Moving of the barge, if
necessary.
i. USER agrees to pay for trash and garbage removal after
the event has ended. The rate of trash removal is
forty dollars ($40.00) per ton, or fraction thereof.
j. USER agrees to include in all advertising for event
In the facility that bottles and cans cannot be brought
into the facility.
k. User agrees to tear down immediately after the event
,has ended.
1. Gates are to open at leas two 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.
m. USER agrees that he has no concession rights during
the duration of the Agreement.
n. USER shall furnish, to the Director. of Parks;
Recreation and Public Facilities, fifty (50)
complimentary tickets for each event for the purpose of
promoting the facility for future events. CITY shall
permit USER to use up to 1% or, amount stipulated in the
City Code of the total tickets available for
complimentary purposes. All complimentary tickets
Issued in excess of the 1% 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.
All Complimentary tickets must be printed as
"COMPLIMENTARY TICKETS".
A11. tef-ms
be binding
canno4t be
promise of
to, unless
the duty
agreement.
and conditions of this written Agreement shall
upon the parties, their heirs and assigns, and
varied or waived by any oral representation or
any agent or other person of the patties here
the same be in writing and mutually signed by
authorized agent or agents executing this
That the parties i
License Agreement
conferred upon USER -
this document shall be
no leasehold interest
if it becomes necessary for the CITY to institute
proceedings to collect any monies due it by USERr USER
agrees to pay any and all reasonable attorney': fees and
casts expended in the collection thereof.
This instrument and Its attachments constitute the sole and
only Agreement of the parties hereto relating to said
Agreement, and correctly sef forth the rights# duties and
obligations of each other as of its date. Any prior
agreement, promises, negotiations, or representation not
expressly set forth in this Agreement are of no force or
effect.
No amendment(s) to this
either party unless such
signed by both parties.
City Clerk
Corporate Secretary
Agreement shall
amendment(s) is
individually
THE CITY OF MIAMI,
FLORIDA, a municipal
corporation of the State
of Florida
BY
Cesar. H. Odio
City Manager.
WORLD CUP JET SKI, INC.
Title
SEAI+)
APPROVED AS TO INSURANCE:
APPROVED AS TO FORM AND
CORRECTNESS;
Insurance Manager
city Attorney
,.
-------------
-
APPROVED AS --DEPARTMENTAL
h
a.`
s
REQUIREMENTS:
z:
x
7F{L• beak "Ruder Director
��rjai
Park&, Recreation and
i +%.
t
ublic Fail.it;ies;
e, ss�
_K
1 iY'C9Sk,.yy.
Co"OKhTs'USOLuTION
WHtAthS t the go&td of Di rectors of WORLD CVP JET, SKI
dtottes to enter Into an Agreement with the City of Miami for use
of the MIAMI_MART _"E STADIUM* and
WHEREAS, the Board of Directors of WORLD _CUP
has examined terms, condttions and obligations of the proposed
Agreement wtth the City Of Miami. for use of the MIAMI MARINE
STADIUM,
WHEREAS, the Board of Directors at a duly 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
CITY OF MIAMI, FLOAIDA C- -A- 28
INTER -OFFICE MEMORANDUM
To:
Honorable Mayor and Members DATE : J 9 FILE
of the City Commission [[�� aa
Resolution or Jet Ski
SMECT : Championship at Marine
Stadium
FROM : Cesar H , OCR i o REFERENCES:
City Manager
ENCLOSURES:
Recommendation:
to A dicky teiva
Assistant City Attorney
L -D-e rtment
ATTNI Evelyn Rico
tOOK4 E.Johnson, Asst. to Director
Department of Parks, Recreation
.,,a-nd Public Facilities
WE June 21, 1989 FILE
SUBJECT Agreement Preliminary Review:
world Cup Jet Ski. Inc.
RECERENCES Pgr #89-044/W
ENCLOSURES
Attached for your preliminary review is the agreement identified
below'. Your immediate attention is requested.
Agreement type: Use Agreement
2nd Party: World Cup Jet Ski, Inc.
Facility: Miami Marine Stadium
Dates: September 3--4, 1989
Program/Event: Busch World Cup Jet Ski Championship
Fee: $1,5000 vs 10% per day
Authorization: Code Section 53-118 (•B) (1)(c); Resolution
needed - presented to City Commission July
13, 1989.
Please contact me at -5245 if you have any questions. Once
logged and initialed, kindly return to me for further execution.
DEJ/adm
cc: Max Cruz
Victor Kahill
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