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Home My WebLink AboutR-89-0621J49-677 6/21/89 RESOLUTION NO. 99-621 A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACKED FORM, BETWEEN THE CITY OF MIAMI AND CELLAR DOOR CONCERTS, INC., FOR REBATES TO THE CITYMP NOVELTY CONCESSION REVENUE DERIVED FROM MULTIPLE CONCERTS TO BE PROMOTED AND PRODUCED BY SAID CORPORATION AT CITY OF MIAMI STADIUM FACILITIES WITHIN A ONE-YEAR PERIOD.,/ WHEREAS, the Department of parks, Recreation and Public Facilities desires to increase the number of concert events held in the Orange Bowl Stadium, Bobby Maduro Miami Baseball Stadium and Miami Marine Stadium; and WHEREAS, Cellar Door Concerts, Inc., has expressed interest in entering into an agreement with the City for a rebate of novelty concession revenues in exchange for the guaranteed production of multiple concerts in City stadiums; and WHEREAS, said corporation has agreed to hold at least five (5) concerts in City stadiums, with concerts at the Orange Bowl Stadium with over 30,000 attendance being credited as two events; and �E WHEREAS, the first two of the guaranteed shows are Gypsy King and Ziggy Marley, scheduled for August 22, 1989 and 1. September 24, 1989, respectively, at the Marine Stadium; and WHEREAS, the five concerts guaranteed by Cellar Door a Concerts, Inc., will provide substantial revenue to the City from stadium use fees, ticket surcharge, food and beverage K` concessions, and parking; a; NOW THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY' OF MIAMI, FLORIDA: 1J The herein authorized agreement shall provide for payment to the Cellar Door Concerts, Inc, of a portion of the City's novelty concession h 3 revenues. CITY ` CO I SIOT Section 1. 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 rebates to the City of novelty concession revenues derived from multiple concerts to be promoted and produced at City of Miami Stadium facilities by said corporation, within a one-year period: Section 2. This Resolution will become effective immediately upon its adoption pursuant to law. PASSED AND ADOPTED this 13th day of .__ Jul 1989. ee XAVIER L. SIUAR$Z, MWOR MAT HIRAI, CITY CLERK PREPARED AND APPROVED BY: ROBERT F. CLARK - CHIEF ASSISTANT CITY ATTORNEY LEGISLATION/SPECIAL PROJECTS DIVISION _ APPROVED AS TO FORM AND�CORRECTNESS: JO E L. CI ATTORN 1/ The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney as prescribed by applicable City Code provisions. � Y JtC j r '2 { CORPORATE RESOLUTION WHEREAS, the Board of Directors of CELLAR DOOR CONCERTS, INC., has examined terms, conditions and obligations for the proposed Agreement with the City of Miami for novelty concession - rebates at stadium events; - WHEREAS, the board of Directors of CELLAR DOOR CONCERTS, -- INC., has examined terms, conditions and obligations of the proposed contract with the City of Miami for novelty concession rebates at stadium events, and; w WHEREAS, the Board of Directors at a duly held corporate F 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 novelty concession rebates at stadium events; 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 th City of Miami. IN WITNESS WHEREOF, this day of , 1989. - CHAIRMAN, Board of Directors By Signature Print or Type Name At cats x r Y i2b >°£t i � - .; , . .- t r �.. � f� >st�4t art � � l•�i q}�� r CQrpArate Secretary.-S .g,natNre , c ' tiH#.B _, _. ,..' ., .., .. _..- - - - ..: . .. x. t..Y.:r: e: t-. .� U. .:...rilr.'?v"� •.. _ - z3w!,777� 1089, by and between the City of Miami, Municipal corporation of the State Of Florida, hereinafter referred to as the "CITY" and Cellar Door COnc`etts, Inc" a Florida for profit corporation with its ptindlpal office located at 2190 Southeast 17th 9tteett Suitt 312* Ft, Laudetdalet Florida 33136#' te lephohe (305) 040-0223, hereinafter referred to as the "PROMOTER," R E C I T A L In conside'ration for pROMOTgR presenting at least f1V# concert event . s within I a one-year period to commence August 15, 1989 at any combination of CITY's orange Bowl stadium, Bobby Madur-0 Miami Baseball Stadium and Miami Marine stadium facilities, CITY will rebate certain percentages of con6ert'tour novelty concessions revenues received by the CITY*' Any dondett in the Orange Bowl Stadium with attendance in excess of'.30"000 persons shall be counted as two concerts towards the fi.ve concert qualification* 1. For each concert scheduled and Occurring in CITY stadium,' CITY or its' concessionaire, as applicable, will rt- fiego A ale with concetout" novelty �miekchan it6� -s- to obtain the highest possible rate of return (revenue) from the sale of concert tour related merchandise. PROMOTER- will receive a rebate from CITY 'dU said revenue As follows: a. If CITY revenue from said sales is'derived frdma fixed concession rate based on attendance and/or, paid admissi.0n : ti ckets',7 then CITY' will kebiat 4 to PROMOTER' forty percent� %�) Of tb6 monies CITY " " coti 6er'a#_ rece 0Vjfr-in concert miercibandf or. con ,-s the ' Mlitmi. Ba at Orange: Bowl. aji4 e Alp 4,421 r cerl. r. tic rw 0 W J iv rya U. t4umS .9 1 f CITY, :revenue ro; A "U I—- g ,A* then CITY will tebate five percent (S%) of gross salts to PROMOTER. If CITY revenue from said 6&ter, Is based on a percentage of gross sales and If said Pot"fttagt i then CITY wi-Vt .less than ten percent (10%)# retain five percent (5%) and rebate the balance to the PROMOTER. PROMOTER tbveftAhts and agrees to Pay to CITY Miftimufft a tadjum use fees for the five concerts events.Said minimum use fees aces' $15,000 for an Orange Bowl Stadium concert and $2,500 for any concert at either the Marino Stadium Or. the Bobby Maduro Miami Baseball Stadium. 3. If PROMOTER does not produce five events within the' term of this Agreement, then the stadium use deposits held by CITY shall be retained and no refund of Said ncerts depos 'its shall be made to PROMOTER for those co that do* not occur Payment of novelty concession rebate shalt be made at the conclusion of each event.,, 4. use, lies shall enter, into -separate -adlug!us The para*. agreements for each concert. 5. That any matters not herein expressly provided. for shall be in the discretion of the City Manager or. his designated representative. 6. PROMOTER 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. 7. All terms and conditions Of this" written Agreement,- shall, be binding upon the partiesj,' their. heirs and r 'C I y, assigns,, and cannot be varied o waived`b •a ;zor,A .W N4 or ot 1 entation or pro agent :�,_ e.' r the n g_ of the -part ev unlese't e�same�._ w, "C' mutU61 ly signed by the agent - M U t C: E 2: 9"12 t3i That the patties intend thaili no leasehold Interest is totiferted upon PROMOTER. 9. It it becomes necessary for CITY to collect any monies clue by PROMOTER, PROMOTER agrees to pay any and all reasonable a'.1.ovheYS fees and costs expended in the collection thereof. 10. This instrument and its attachments constitute the Solt and only Agreement of the parties hereto relating to said agreement, and correctly Set forth the rights, duties obligations of each other as of its date. Any agreements, promises, negotiations, or. prior representations not expressly set forth in this, Agreement are of no force or. effect. 11. No amendments to this Agreement: shall be binding on either party unless in writing and signed by both parties. 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: CITY OF MIAMI, a Municipal Corporation of the State of Florida lrf Mat y Hi ray Cesar H. Odio City Clerk City Manager. ATTEST: PROMOTER: Cellar. Door. Concerts, Inc., a Florida for profit corporation B Corporate SecreFary Ronald I. Cohen -A - Vice President 'Title, Ai 7Z Affk APPAVED AS to btPARTMtNTAL AtOUIREmtNT9t .A ert0 Ruder# Directofr 1cp bopartm#Wt of Parks, Retreat itin land Public Facilities 11 Ok CITY OF MIAMI, FLOAIDA INTER -OFFICE MEMORANDUM A= jUL 3 1989FILE DATE r Honoable Mayor and Members of the City Commission SUBJECT Resolution to Approve Contra - Cellar Door Concerts' Novelt. Rebate REFERENCES: FROM Cesar H. Odio : City Manager ENCLOSURES RECOMMENDATION: It is respectfully recommended that the City Commission, adopt ,the. . .- attached, resolution authorizing the city Manager, to executean, ., agreement, in substantially the attached form, with Cellar Door requiring said promoter to produce a, number.of .Concerts, , Inc - concerts within a one-year period at City Of Miami Stadiumsin returnfor a rebate of the City Is ..revenue.. from concert. novel.tY, , : :sales. BACKGROUND: The Department of Parks, Recreation and Public Facilities has prepared the attached legislation concerning a novelty rebate - agreement with Cellar Door Concerts, Inc. Staff has b6en. —A to bring more revenue -generating negotiating with this promoter =4 concerts to city stadiums and has obtained their guarantee to least five (5) such events within a- year. The produce at provisions Of the contract are such that concerts at the Marine Stadium and Bobby Maduro Miami Baseball Stadium are counted as one event, while concerts at the Orange Bowl with attendance over 30,000 are counted as two (2) events. In return, the City will rebate a portion of the revenue it f novelties to Cellar Door, for each a from the sale o ty revenue receive T concert, it produces, he portion of novel ue paid to City: by : ... rebated is variable, depending on revenue City rece -� & -merchandisers for each concert. tour. Where-the . ivee fee (afaxedconcession rate based Qn:attendin flat N y will -rebate',�a, pe rc,, o Cit per cap) from the merchandiserl the.- -ge.-, Bow 4 Oran bb, .40% at the'. m iep it receive _f theon, M 0%: at: the M, BaseballStadiums, Sta from u 01 r Miami :centage of .grOOISI-_,0,4100 lty_recel Whee A, pej. the-C -ve -percent . 1 ' (5 �fiv'e' maximum of r to a would 10 ity rece _L�ow f _C ar �Door:',rl_ -:5 , w:, I �,receivo. Ce I I A