HomeMy WebLinkAboutR-89-0622RESOLUTION NO.9
A RESOLUTION, WITH ATTACHMENT, ESTABLISHING
SPECIAL CHARGES, TERMS AND CONDITIONS FOR THE
USE OF THE MIAMI MARINE STADIUM BY CELLAR
DOOR CONCERTS, INC. FOR THE PRESENTATION OF
TWO (2) CONCERTS AT SAID STADIUM IN AUGUST
AND SEPTEMBER, 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 Miami Marine
Stadium and seeks to secure the presentation of various events at
said facility; and
WHEREAS, Cellar Door Concerts, Inc. has offered to present
two (2) concerts featuring internationally known recording
artists at the Miami Marine Stadium for the scheduled dates of
August 22 and September 24, 1989, with rain date reservations;
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 $2,500
versus 12% of gross ticket sales receipts, and all applicable
surcharges, and will cover certain stadium personnel and
operating expenses for each event; and
WHEREAS, the Department of Parks,
Recreation and Public
Facilities has prepared an agreement for the City Manager's
signature which delineates the various charges, terms and
conditions for said use; and
WHEREAS, the 'modified charges, terms
and conditions of the
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proposed use will not have adverse affect
on the revenues ofid
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facility but will assist in securing additional revenues to the
City in the form of added stadium use fees, surcharge and
concession revenue; and
WHEREAS, Section 53-118(C)(5) of the Code of the City of
Miami, Florida, as amended, provides that the City Commission has
the right to establish and fix special charges or special terms
and conditions for the use of said stadium;
NOW, THEREFORE, HE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The special charges, terms and conditions as
set forth in the attached agreement for the use of the Miami
Marine Stadium by Cellar Door Concerts, Inc. are hereby
established for said user's presentation of two (2) concerts at
said facility in August and September, 1989.
Section 2. The City Manager is hereby authorized to
execute an agreement -/in substantially the attached form, between
the City of Miami and Cellar Door Concerts, Inc. for said events.
Section 3. This Resolution shall become effective
immediately upon its adoption pursuant to law.
PASSED AND ADOPTED this 13th day of Jul
e
XAVIER L.
PREPARED AND APPROVED BY:
ROBERT F. CLARK
_
A$PTSTANT,CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
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CIT 'ATTORNE.
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1/ Thn herein authottzat;Wn ts'further subjegt ' o
comp2iaAoe with all requtremamts'that'ma `be
i�o0d by the City Attorney as pxesoribed by
stpleal�la City Code„provisions,
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CITY OF MIAMI, FLORIDA
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 CtLLAg DOOR CONCERTS, INC., a Florida for profit
corporation, with its office at 2190 Southeast 17th street, Suite
312, Fort Lauderdale, Florida 33136# telephone (305) 940-0223#
hereinafter referred to as the "USER".
R E C I T A Li
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
entered upon or into for the purpose of presenting a series of,
concerts &o be conducted in accordance with }he follow ng.
schedule: Artist Date of Concert Rain Date
Gypsy Kings August 22, 1989 ,August 23, 1989
Ziggy;Marley September. 24, 1989 September. 250 1989
If: required, set up shall begin one day prior. --to each
concert. Dismantle shall be completed no.later than. one, day after
the- conclusion of each concert. (Set up and dismantle time is
normally free of charge unless unusually long periods of time are
required). The advertised gate opening time shall be one and a
half (11/2) hours before commencement of the event. All terms.and
conditions set forth in this Agreement shall apply to each
individual concert.
USER shall mean licensees,
THE USER HEREBY COVENANTS AND AGREE:
1. To p �a,th Citday y- a of y - Miami for, each a use _0a 4
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Two . Thousand Five Hundred Dollars 02,500.00) minimumfee or;'L- i
of �_tbe gross. 1,,tic
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percentage fee and said minimum use fee, plus 6% State of
Florida Use Tax, shall be paid at the conclusion of the
event.
3. 8ased upon an actual admission price, excluding taxes, as
established by USER, USER shall levy and collect on behalf
of the CITY,, a ticket surcharge on each paid admisbioti.
The amount of the surcharge shall be based on the admission
price as followat
Pr. 4ce of _Admission Surcharge
$1.00 to $5.00 $0.50
$5.01 to $15-00 $0.75
$15.01 and Over
Each printed ticket shall be Itemized toshowthe admission
riL p e, 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 and
shall be listed on a ticket manifest. The manifest #hall
be presented to the Director or designee at the time of the
signing of the Agreement or no later than the beginning of
the use period. 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 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 Ci.,y Code provisions and 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.
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 stated in
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.term.
9. That- any matte-ra, -not herein expressly rovided- for-shail,"be,
e.- di acre, tion, of the City Manager
in fix, .,.his des.9nate&.
represontat.
That:
USER -l'a s , read d the_",Ru l
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cityof M,i ,mA:Muhi pal acid wh cor t
the -.Appticajon,. orjUse ' ovMiami
Facti100 that' he she fully under3 an Ssaid
and Reguilations, and that by the of ct e vx ' -ion u�
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A(;r extifiea. that - he will abide �by each11and
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rule and. regul, t! a. on." rules and reqU,Lat ons;,are N.
M440 4 Part of this Agreement as'-fullastnolq9l
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11, The USER shall defend, 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 Paragraphs 14-16 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, attorney's fees,
expenses and liabilities incurred in the defense of any
ouch claims and the investigation thereof.
12, 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
licenses 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.
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,
THE CITY HEREBY COVENANTS AND AGREES:
14. To furnish at CITY's expense, except as may herein be
otherwise provided, Fire Department personnel, clean up,
light for ordinary use, water for all reasonable purposes,
r.estr.00m supplies and nothing else.
15. Credit will be given to USER for. City of Miami Police and
City of Miami Marine Patrol expenses provided that the
above mentioned credit is applied to the 12% of gross
ticket sales, after taxes, in excess of the $2,500.00
minimum use fee.
THE PARTIES HEREBY MUTUALLY COVENANT AND AGREE:
16. That the following additional provisions shall be adhered
to:
a. Occupational license to be secured from the Tax and
License Division, 3006 Aviation Avenue, Miami, Florida,
and presented to the Assistant Director prior to the
start of the use period.
b, Permit to be secured by USER through City of Miami Fire
Rescue and Inspection Services Department, 275
Northwest 2nd Street, Miami, Florida.
c. USER is required to have insurance coverage for. they
contract period including se}
up and' dismantle times.-'
Coverage -is to be cleared by USER through the Offioe'of .
the City of Miami Law Department, Insurance Manager., 1
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Southeast 3rd avenue, Suite
1100, Miami, Florida,
Telephone (305) 579-6700. The
'name
policy must be endorsed
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to CITY as an addi.tional..insured,
and CITY. is to a,
be provided with a copy of the
policy and a`certifica,te
of same. No qualification of
the additional insured
provision is per.mitled. The company must be acceptable
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to CITY.
d.'All parking revenue belongs to
CITY.
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e. USER agrees to pay for necessary personnel such as
electricians, custodians, groundskeepers, security,
event supervisor, office attendant, etc**o said
personnel will be paid directly by USER with a four (4)
hour minimum at rates established by the Assistant
Director of Public Facilities for said event. The
Assistant Director will provide the USER With an
estimate of the expenses not lest than seventy-two (72)
bouts prior to the start of said event,
f.
The Assistant Director. of Public Facilities, after full
discussion of the type of event with the USER, will
contact the City of Miami Police Department for
sufficient security prior to, during and after the
concert.
g.
USER agrees to pay for cleaning contractor for cleanup
a of f c1lity, including the parking lot area after the
event has ended,
h.
USER will install all staging and props* at own
expenset same to be approved by Assistant Director of
Public Facilities.
i.
USER agrees to include in all advertising for events In
the facility that bottles and cans cannot be brought
into the facility.
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A maximum attendance of 7,000 will be permitted for
each event.
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'Ticket sellers, takers and ushers are the
responsibility of USER.
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All tickets and advertising shall 'Indicate the gate
opening time, .. The CITY reserves right to open gates or
adjust gate,opening time as it deems appropriate based
on crowd control and conditions.
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USER ER agrees that he has no concession rights' under the
terms of this Agreement.
n.
USER must provide the Assistant Director. of Public
''
Facilities, - with a paid receipt for each performance
for all licensing contracts with each licensing agency
whose music will be used. The Artist/Promoter/USER
warrants that all copyrighted material to be performed
has been duly licensed or authorized by the copyright
owners or their representative and agrees to inLIe 'Mnify
and hold CITY harmless from any and all claims#'losse-1s
or expenses incurred with regard thereto.' USER agrees
to and accepts the unequivocal light of the Assistant
Director. of Public Facilities,, to cancel and event if
said valid license(s) are "not a part of event a,
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record no latethan seventy-
-wo (72) bou'r's
'prior'to
gate 'opening time.
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o. USER agrees to pay the City staff necessary to be on
duty when staging is being erected or when setup
begins.
p. USER agrees to assign personnel to parking lots and
other areas with bullhorns and megaphones to announce
prohibitions.
q. USER shall provide the Assistant Director. of Public
Facilities, with Fifty (50) complimentary tickets for
this event for promotional purposes. CITY shall permit
USER to use up to 5% of the total tickets printed for
complimentary purposes. All complimentary tickets
issued in excess of 5% 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".
USER agrees not to put tickets on sale until this
Agreement has been signed, sealed and returned to the
City of Miami Parks, Recreation and Public Facilities
Department.
r.. All filming or video of events in CITY facilities must
be approved by the Department of Communication's Film
and Video Coordinator., George Detr.io. Without such
approval filming/video shall not be permitted. Please
contact George Detr.io at (305) 579-6325.
s. USER agrees that CITY retains all rights to use the
press box facilities.
17. Police requirements shall be determined by the Assistant
Director. of Public Facilities in. coordination with -the
Miami Police Department. If, in the opinion of the police
event commander, the USER of the stadium does not actively
and conscientiously suppress narcotics actively within the ,
audience, he may summon plain clothes officers in
sufficient numbers to effectively control the situation.'
The USER will assume the responsibility of paying for -the
services of these additional officers who may be.on duty at
their normal hourly rate or off duty at time and one half
pay. If the 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.
18. The Assistant Director. of Public Facilities at his sole
option and discretion* shall be entitled to demand payment
to CITY for the above items at the time of the closing of
the ticket gates for the event. If directed to do so, all
sums necessary will be paid to the Assistant Director' of
Public Facilities immediately after, the closing of ticket
gates and when settlement from agencies takes place. `CITY
shall have first rights to all advance tic)t'6t-'4'M'6-nie's,-':slI
s
well as on premises gate receipts. Such monies that axepn
hand or held at all remote ticket outlets shall` be
.Aes,gr,:iboa as the_. ":'on remises ate :recei i s" aid ::shave s
l� be
available for payment, to the CITY. ,tca a js y such sums Qwed x,
the CITY for 'rental,'additional services, accmmodations, y
taater.ials'furniahed, costs of any repai' rehabilitatipn,
damagQ bcrr.-ec:"i'oni cep.lacement or..-eetOra on,'t:'of'Rli
the
premises borne. bsequence,ppresY CITY as acorentiation.' ofa
�t a �► rite. The, sia,tant, pir'ector, of� l�ubl.�c : ace titie
his ;Qppn# `be entit>.eci to collectsuch auras ,end ^j
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shall be paid pr. ior. to payment of any other bil<t�
pf money owed.
$ a aa� r
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19. Alt terms and conditions of this written Agreement shall be
binding upon the parties, their heirs and assigns, and
cannot be varied or waived by any oral representation or
promise of any agent or other person of the parties here,
unless the same be in writing and mutually signed by the
duly authorized agent or agents executing this Agreement.
20. What the parties intend that this document shalt be a
License Agreement and that no leasehold interest is
conferred upon USER.
21. If it becomes necessary for CITY to collect any monies clue
it by USER# USER agrees to pay any and all reasonable
Attorney's fees and costs expended in the collection
thereof.
22. .This instrument and its attachments constitute the sole and
only .Agreement of the parties hereto relating to said
agreeiaent, and correctly set forth the rights, duties and
obligations of each other as of its date. Any prior
agreements, promises, negotiations# or representations not
expressly set forth in this Agreement are of no force or.
effect.
23. No amendments to this Agreement shall be binding on either
party unless in writing and signed by both parties.
24. This Agreement may not be transferred or assigned by USER
without: the express written consent of the City Manager..
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:
THE CITY OF MIAMI,
FLORIDA, a municipal
corporation of the _State
of Florida
BY
City Clerk
Cesar H. Odio
City Manager.
Attest: USER:
CELLAR DOOR CONCERTS,
INC., a Florida for profit
corporation.
Corporate Secretary
Print Name
Title
SEAL)
APPROVED AS TO INSURANCE:
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APPROVED AS TO FORM ANO
CORRECTNESSs
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Insurance Manager.
City Attorney, rs
APPROVED AS TO DEPARTMENTAL
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CORPORATE "SOLUTION
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Honorable Mayor and Members
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of the City Commission
Page
Based' upon the agreement terms
and past experience with
performances produced by this user, we anticipate that gross
revenue to the City will amount to
$55,500 for the two concerts.'
With City total expenses of $9,750
including the novelty rebate,
net City revenue is estimated at'$45,750 as shown in the table
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attached.
This resolution is a companion
to another legislative' item
concerning a novelty sales rebate for Cellar Door Concerts, Inc.
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REVENUE PROJECTIONS
CELLAR DOOR CONCERTS AT MARINE STADIUM
CONCERT 1 CONCERT 2
T 0 T A L
Gypsy Ring 1.
Marley
*************************B A S E****************************
Total Est.
Attendance
5,000
6,500
11,500
(each includes 200 boats)
Ticket Price*
$18.50
$20.00
N/A
Parking rate
$ 3.00
$ 3.00
N/A
Parking lot Capacity
1000 spaces
N/A
R 0 S S R E V E N U E
RENT** ..
$ 11,700 $
16,200
$ 27,500
SURCHARGE (Total Attendance x $1)
Att. @ $1
5,000
6,500
111500
CONCESSIONS (Inside Attendance x $1.24/cap
x 33.4%)
FOOD & BEV.
2,000
2,600
4,600
CONCESSIONS (Inside Attendance x $0.50/cap)
NOVELTIES
2,400
'3,100
51500
PARKING (Lot capacity x applicable rate)
3,000
3,000
6,000
TOTALS
$ 24,100 $
31,400
$ 55,500
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***********************C
I T Y EX P E N S
E S******************
` NOVELTY REBATE
($ 1,200) ($
11550)
($ 2,750)
50% of figure
above
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PARKING STAFF
- (500)
(500)
(1,000)
CLEAN-UP
(350)
(350)
(700)
SECURITY'
(2,500)
(2500)'
FIRE
(150)
(150)
TOTALS
($ 4,700) ($
5,05Q)
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($ 9�75Q) �`ii