HomeMy WebLinkAboutR-89-05783-89-709
06/16/89
RESOLUTION NO.
A RESOLUTION, WITH ATTACHMENT, ESTABLISHING
SPECIAL CHARGES, TERMS AND CONDITIONS FOR THE
USE OF THE ORANGE BOWL STADIUM BY MITCHELL
MEMORIAL HIGHWAY CHURCH OF CHRIST, INC. FOR
THE PRESENTATION OF THE "YEAR OF HOPE", A
GOSPEL MUSIC CONCERT AND ORATION BY THE
REVEREND JESSE JACKSON AT SAID STADIUM ON
JULY 14, 1989; FURTHER AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE
CITY OF MIAMI AND MITCHELL MEMORIAL HIGHWAY
CHURCH OF CHRIST, INC. FOR SAID EVENT.
WHEREAS, the Department of Parks, Recreation and Public
Facilities is responsible for the operation of the Miami Orange
Bowl Stadium and seeks to secure the presentation of various
events at said facility; and
WHEREAS, Mitchell Memorial Highway Church of Christ, Inc.
has offered to present the "Year of Hope" gospel music concert
and oration by the Reverend Jesse Jackson at the Miami Orange
Bowl Stadium on July 14, 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 event and
recommend approval of same; and
WHEREAS, said user has agreed to pay a use fee of $15,000
versus 10% of gross ticket sales receipts up to a maximum of
$60,000, as well as all applicable surcharges, and stadium
personnel and operating expenses for said event; and
WHEREAS, said user has also requested that parking charges
to the public be waived, in return for its payment of $15,000 to
cover lost revenue, and for the necessary staff to control
vehicular and pedestrian traffic in the parking lots; and
WHEREAS, the Department of Parks, Recreation and Public
Facilities has prepared an agreement for the City Manager's
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signature which delineates the various charges, terms and
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 substantial additional
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revenues to the City in the form of added stadium use fees,
surcharge and concession revenue; and
WHEREAS, Section 53=131(B)(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 I. The special charges, terms and conditions as
set forth in the attached agreement for the use of the Miami
Orange Bowl Stadium by Mitchell Memorial Highway Church of
Christ, Inc. are hereby established for said organization's
presentation of the "Year of Hope" gospel concert and oration by
the Reverend Jesse Jackson on July 14, 1989.
Section 2. The City Manager is hereby authorized to
execute an agreement, in substantially the attached form, between
the City of Miami and Mitchell Memorial Highway Church of Christ,
Inc. for said event.
Section 3. This Resolution shall become effective
immediately upon its adoption pursuant to law.
PASSED AND ADOPTED this 22nd day of June , 1989.
XAVIER L. SU REZ, MAYOR
PREPARED AND APPROVED BY:
ROOBERT F CLARK JO E F DEZ
CH1EF DEPUTY CITY ATTORNEY CI 1l ATTORN X
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CITY OF MIAMI, FLORIDA
THIS AGREEMENT made and entered into this clay of
1988, by and between the CITY OF MIAMI, Municipal
corporation of the State of Florida, hereinafter referred to as
the "Ci.ty" and MITCHELL MEMORIAL HIGHWAY CHURCH OF CHRIST, INC.,
a Florida not for profit corporation, with its office at 1125
R.W. 6th Street, Fort Lauderdale, FL 33311, telephone 484-1117,
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 the Year of Hope, a
gospel music concert and oration by Reverend Jesse Jackson, for
the period commencing at 6:00 p.m. on Friday, July 14th, 1989 and
terminating at 12:00 Midnight on that same day, not including
"Setup" and/or "dismantle" time. If required, setup shall begin
on Monday, July 11, 1989 and dismantle shall be immediately after
the end of the event. (Setup and dismantle time is normally free
of charge unless unusually long periods of time are required).
USER shall mean .licensee.
THE USER HEREBY COVENANTS A14D AGREES
1. To pay the City of Miami for the use of said facility:
Fifteen thousand dollars ($15,000.00) minimum use fee or.
10% of the gross ticket sales, after taxes, whichever is
greater, plus 6% State of Florida sales tax. The total
use fee shall not exceed sixty thousand dollars
($60,000.00).
2. At the USER's option, there may or may not be a parking
charge in conjunction with this event. If the USER elects not to employ paid parking, USER agrees to pay the sum of
fifteene thousand dollars ($15,000.00) to CITY to cover
loss of parking revenue.
3. To pay to the City fifteen thousand nine hundred dollars -
($15,900.00) of the use fee on the execution and delivery
of this agreement. The remainder of the contract amount or
10% of ticket sales, after_ taxes, shall be paid at the
conclusion of the event, if applicable. All expenses and
the $15,000.00 parking fee shall be paid to CITY at least
seventy-two (72) hours prior to the event.
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Based upon an actual. admission price, excluding takes# 1U8$ft
shah. :levy and collect on behalf of the CITY, a titck+et
surcharge on each paid admission. The amount of the
astcharge•shal1 be on the admission price as follows=
Ptice of Admission
$1.00 to $5.00
$5.01 ::o $15.00
$15.01 and Over
surchar. qP
$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. USSR
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.
5. 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.
6. 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.
7. 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 necessary.
S. The City reserves the right to enter upon the premises at
any time during the period of use as it deems necessary.
9. 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.
10. 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 shall be determined
by the Fire Marshal.
11. That any matters not herein expressly provided for shall be
in the discretion of the City Manager or his designated
representative.
12.
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13. 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 17 and 18 of this Agreement, from
all charges or claims resulLi_ng 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 l.iabi li ti.es incurred i n the defense of any
such claims and the investigation thereof.
14. 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.
15. CITY shall not be li-able 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
ri-sk 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 premises are not open to
the general public.
THE CITY HEREBY COVENANTS AND AGREES:
16. 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:
17. That the following additional provisions shall be adhered
to:
a. Occupational license is to be secured from the Tax and
License Division, 3006 Aviation Avenue, Miami, Florida.
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, if applicable.
C. 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 a primary 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.
d. All parking revenue belongs to the City.
e. USER agrees to pay for necessary personnel such as
event supervisor, office attendants, electricians,
custodians, elevator operators, groundsmen, security,
etc. Said personnel will be paid directly by USER with
a four. (4) hour minimum at .rates established 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.
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f, The Director of Parks, Recreation and public
Facilities, after full discussion of the the type of
event wi`_h the USER, will contact the City of Matki
Police Department for sufficient security prior to#
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. The rate of trash removal is
forty dollars ($40) per ton, or fract-ion thereof.
J. USER will install all staging and props,
including special lighting, etc., at own expense, same
to be approved by the Director of Parks, 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 at the time of
the signing of the contract.
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. 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.
q. USER agrees that he has no concession rights during
the duration of the Agreement.
r. USER must provide the Director of Parks, Recreation and
Public Faci.li.ties with a copy of the licensing
contract held by the USER. The Artist/Promoter/USER
warrants that all copyrighted programming to be
presented has been duly .Licensed or authorized by the
copyright owners or their representatives and agrees to
indemnify and hold the City of Miami harmless from any
and all claims, losses or expenses incurred with regard
thereto. USER agrees to and accepts the unequivocable
right of the Director of Parks, Recreation and Public
Facilities to cancel any event if said valid licenses
are not a part of the event's legal record, no latex
than seventy-two (72) hours prior to gate opening time.
s. USER shall provide the Director. of Parks, Recreation
and Public Facilities, with fifty (50) promotional
tickets for each event for the purpose of promoting the
facility for, future events, CITY shall permit USER to
use up to 1% of the total tickets printed for
complimentary purposes. All complimentary tickets
issued in excess of the 1% of the total tickets printed
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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 Paragaph 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.
18. 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 additional 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.
19. The Director. of Parks, Recreation and Public Facilities, at
his sole option and discretion shall be entitled to demand
payment for. the Ci.}.y 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.
20. All 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-
to, unless the same be in writing and mutually signed by
the duly authorized agent or agents executing this
Agreement.
21. That the parties intend that this document shall be
a License Agreement and that no leasehold interest is
conferred upon the USER.
22. 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 attorney's fees and
costs expended in the collection thereof.
23. This instrument and its attachments constitute the sole
and only Agreement of the parties hereto relating to said
Agreement, and correctly set forth the .nights, duties and
obligations of each other as of its date. Any prior
agreement, promises, negotiations, or representations not
expressly set forth in this Agreement are of no force or
effect.
24. No amendments to this Agreement shall be binding on either
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corporation of the atat�,,
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City Manager
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USERt MITCHELL ME OKI
HIGHWAY CHURCH OF CHRIST#
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Inc e f a not- for-proff;t. ,.
Florida Corporation
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Secretary
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APPROVED' AS TO , INSURANCE t APPR0% AS TO "FORME AND 4 1 "
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�._ Jorge L. rnandez
APPROVED AS DEPARTMENTAL
REQU I REMENTS s
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ublic Facilities
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WHEREAS# the Board of Directors of MITCHELL M%NIORIAL 910A9_ y
CHURCH OF CHRISM', tNC.,desires to enter into an agreement with
the City of Miami for use of the ORANGE BOWL STADIUM: and
WHEREAS, the Board of Directors of MITCHELL MEMORIAL HIGHWAY
CHURCH OF CHRIST, INC., has examined terms, conditions and
y obligations of the proposed Agreement with the City of Miami for
a
use of the ORANGE BOWL STADIUM,
WHEREAS, the Board of Directors a"_ 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
MITCHELL
MEMORIAL HIGHWAY CHURCH
OF CHRIST,
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
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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.
i
IN WITNESS WHEREOF, this
day of -
198
CHAIRMAN, Board of Directors
By
(Signature)
i
Print or. Type Name b
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Attests
(SISAL)
Corporate Secretary Signature
Print or Type Name
EXHIBIT L
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*M,ft OV HOPE* JESSE JACKSON OkATICO
OEMOE DO L STADIUM - JULY 14, 1989
PkWECTHD MENUBS AND EXPENSES
base Ticket Price: $22.50 (excluding surcbarge & nutlet
Estimated Attendance: 60,000
Surchargez $1.00