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HomeMy WebLinkAboutR-89-0511J-89-502 5r19/89 RESOLUTION NO. A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND FANTASMA PRODUCTIONS, INC. FOR THE USE OF THE MIAMI MARINE STADIUM FOR THE PRESENTATION OF A SERIES OF CONCERTS AT SAID STADIUM DURING THE SUMMER OF 1989. r WHEREAS, the Department of Parks, Recreation and Public Facilities is reponsible for the operation of the Miami Marine Stadium and seeks to secure the presentation of various events at said facility; and WHEREAS, Fantasma Productions, Inc. has offered to present at least five (5) concerts featuring internationally known recording artists at the Miami Marine Stadium for the scheduled dates of June 24, July 28-29, and August 22 and 27, 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 t= WHEREAS, said user has agreed to pay a use fee of $2,500 versus 12% of gross ticket sales receipts, and all applicable 5 sucharges, and will cover certain stadium personnel and operating x 't sexpenses for each event; 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; 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 = 1 conditions for said use; - CITY COMMISSION MEETING OF JUN 7 1989 RESOLUTION No. 89--511 REMARKS. 3-89-502 5/19/89 RESOLUTION NO. `r_ 11 A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN r SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND FANTASMA PRODUCTIONS, INC. ; FOR THE USE OF THE MIAMI MARINE STADIUM FOR THE PRESENTATION OF A SERIES OF CONCERTS AT SAID STADIUM DURING THE SUMMER OF 1989. WHEREAS, the Department of Parks, Recreation and Public Facilities is reponsible for the operation of the Miami Marine Stadium and seeks to secure the presentation of various events at said facility; and WHEREAS, Fantasma Productions, Inc. has offered to present at least five (5) concerts featuring internationally known recording artists at the Miami Marine Stadium for the scheduled dates of June 24, July 28-29, and August 22 and 27, 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 sucharges, and will cover certain stadium personnel and operating expenses for each event; 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; 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; xf z� i ti� 4 g r F CITY COMMISSION MEETING OF 1 JUN 7 1989 1 er y NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to execute an agreement, in substantially the attached fora, between the City of Miami and Fantasma Productions, Inc. for the use of Miami Marine Stadium for the presentation of a series of concerts at said stadium during the summer of 1989. Section 2. This Resolution shall become effective immediately upon its adoption pursuant to law. PASSED AND ADOPTED this 7th day of June 1989. ATTES MATT HIRAI, CITY CLERK PREPARED AND APPROVED BY: ROBERT F. CLARK CHIEF DEPUTY CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: 4JO GE L. FER NDEZ CITY ATTORNEY w CITY OF MIAMI, FLORI.DA 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 FANTASMA PRODUCTIONS, INC., a Florida for profit corporation, with i.ts office at 2000 South Di.xi.e Highway, West Palm Beach, Flor.i.da 33401, telephone (407) 832-6397, hereinafter referred to as the "USER". R E C I T A L: 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 Ci.ty of Mi.ami. known as the MIAMI MARINE STADIUM, the said facility to be entered upon or into for the purpose of presenting a series of concerts to be conducted in accordance with the following a schedule: Artist Date of Concert Rain Date Al. Jar.r.eau June 24, 1989 June 25, 1989 K. T. Oslin July 28, 1989 ------ Jose Luis Rodriguez July 29, 1989 July 30, 1989 Gypsy King August 22, 1989 August 23, 1989 David Sanborn August 27, 1989 August 28, 1989 If required, set up shall begin one day pr.i_or to each concert. Dismantle shalt 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 (1 1/2) hours before commencement of the event. All terms and x conditions set forth In this Agreement shall apply to each ,q i.ndi..vi_dual concert. USER shall mean licensee. THE USER HEREBY COVENANTS AND AGREE 1. To pay the City of Miami. for each day's use of said facility: Two Thousand Five Hundred Dollars ($2,500.00) mi.ni.mum use fee or. 12% of the gross ticket sales, after taxes, whichever is greater, plus 6% State of Florida Use Tax. 2. To pay the CITY the sum of Two Thousand Six Hundred Fifty Dollars ($2,650.00) for each day's use of said facility on the execution and delivery of this Agreement. If 12% of the r .o g , minimum use fee, then the difference between said It 8 1 A percentage fee and said minimum use fee, plus 6% State of Fl.or. i.da Use Tax, shall be paid at the conclusion of the event:. 3. Based upon an act-ua.t admission price, excluding taxes, as established by USER, USER shall .levy and collect on behalf of the CITY, a ticket surcharge on each paid admission. The amount of the surcharge shall be based on the admission pr. i.ce as follows: Pr.i.ce of Admission Surcharge $1.00 to $5.00 $5.01 to $15.00 $15.01 and Over. $0.50 $0.75 $1.00 Each printed ticket shall. be itemized to show the admi.ssi on price, applicable taxes, any service charge from outside ticket agencies, and the CITY's ticket surcharge. Al_l admission tickets must be printed by a bonded pr. i_nte.r. and shall be listed on a ticket manifest. The manifest shall. be presented to the Director. or_ designee at the time of the signing of the Agr.eemenl-: or no l.at-er, 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 i.!:em 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 pr.ovisi.ons 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 premi.ses, 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 ti.me 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 faci.l. i t.y 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 matters not herein expressly provided for shall be in the discretion of the City Manager or his designated representative. 10. That USER has read the "Rules and Regul_ati.ons for. Use of City of Miami. Municipal Facilities" which are attached to the "Application for. Use of City of Miami. Muni.ci.pal. 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 regulations are hereby made a part of this Agreement as fully as though they were herein set forth at length. 11. The USER shall. defend, indemnify, and save harmless forever the CITY, and all. the CITY's offi-cers, agents and employees, i.ncl.udi.ng a1.1. police officers and staff_i.ng as specified in Paragraphs 14-16 of this Agreement, from all - charges or claims r.esul.ti.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 i.ndemni.fy CITY as to all costs, attorney's fees, expenses and l.i.abi.l.i ties i.ncur.red in the defense of any such claims and the investi.gat.i.on thereof. 12. CITY shall not be l.i_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 risk of USER or the owner thereof. Furthermore, i.t i.s 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. or.i.gi.n 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 ghat the above mentioned expenses are 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 addi.ti.ona.l provisions shall be adhered to: a. Occupational license to be secured from the Tax and License Division, 3006 Aviation Avenue, Mi.ami., Florida, and presented to the Assistant Director pr.i.or to the start of the use period. b. Permit to be secured by USER through Ci.r.y of Miami. Fire Rescue and Inspection Services Department, 275 Northwest 2nd Street., Miami, Fl.or. i dui. c. USER is required to have insurance coverage for the contract period incl.udi.ng set up and dismantle times. Coverage is to be cleared by USER through the Office of the City of Miami. Law Department, Insurance Manager., 1 Southeast 3rd Avenue, Suite 1100, Miami, Florida, Telephone (305) 579-6700. The policy must be endorsed to name CITY as an additional insured, and CITY is to be provided with a copy of the policy and a cer.t_i.fi.cat-.e of same. No qualification of the additional insured provision is permitted. The company must be acceptable to CITY. d. All. parking revenue belongs to CITY. - 3 - r r, JdMk t_ e. USER agrees to pay for necessary personnel. such as electricians, custodians, groundskeepers, security, event supervisor., office attendant, etc... Said personnel will be paid directly by USER wi.th a four. (4 ) hour minimum at rates established by the Assistant Di.r.ector. of Public Faci.l.i.ties for said event. The Assistant Director will. provide the USER with an estimate of the expenses not less than seventy-two (72) hours pr.i.or to the start of said event. f. The Assistant. Di.r.ector. of Public Faci.l.i.ti_es, after full di.scussi.on of the type of event with the USER, wi.1.1. 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 ci.eanup of facility, including the parking lot area after. the event has ended. h. USER will. install all. staging and props, at own expense, same to be approved by Assistant Director. of Public Facilities. i. USER agrees to include in al..l adver.ti.si.ng for events %n the facility that bottles and cans cannot be brought into the facility. j. A maximum attendance of 7,000 wi.l.l. be permitted for. each event. k. Ti.cket sellers, takers and ushers are the responsibility of USER. 1. All, tickets and advertising shall i.ndi.cate the gate opening time. The CITY reserves r.i.ght to open gates or adjust gate opening time as it deems appropriate based on crowd control and conditions. m. USER agrees that he has limited concession rights during the term of this Agreement. Sales of food and beverage by USER is strictly prohibited. USER shall only have the right to sell programs, novelties, and other items depicting this event and/or performer, limited to T-shirts, buttons, hats, other apparel., records, tapes, photographs and posters. Such sale items are subject to the approval of the Assistant Di rector. of Public Facilities. USER shall, complete sale arrangements with the CITY's concessionaire for this faci.li_ty. For the concession pri.vi.l.eges granted, USER shall pay an amount equal to 33.4% of gross receipts froia novelty sales. n. USER must pr.ovi.de the Assistant Di.r.ector. of Public Facilities, with a paid receipt for each performance for all licensing contracts with each licensing agency whose music will be used. The Art-i.st/Promoter/USER warrants that all. copyrighted mazer. ial. to be performed has been duly licensed or authorized by the copyright owners or their representative and agrees to indemnify and hold CITY harmless from any and all claims, losses or expenses incurred with regard thereto. USER agrees to and accepts the unequivocal right of the Assistant Director of Public Facilities, to cancel any event if said valid l.i.cense (s) are not a par, t of event' s Legal record no later than seventy-two (72) hours prior to gate opening time. - 4 - 89-'-511 o. USER agrees to pay the City at-.aff necessary to be on duty when staging is being erected or when set-up 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 Dir.ect_or. of Public Facili.ti.es, 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 compi.i.mentar.y tickets issued i.n excess of 5% of the total tickets printed shalt_ have a value equal to the ticket price offered to the public and shall be included in the calculation to deter.mi.ne 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 sate until this Agreement has been signed, sealed and returned to the City of Miami Parks, Recreation and Public Faci.li_t-i.es 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.i.o. Without such approval fi.l.mi.ng/vi_deo 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 addi.ti.onal officers are off duty, they will receive a mi_ni.mum 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 hi.s sole option and discretion, shall be entitled to demand payment to CITY for the above i-tems at the time of the closing of the ticket gates for the event. If directed to do so, all sums necessary wi.l.l 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 ticket monies as well as on premises gate receipts. Such monies that are on hand or held at all remote ticket outlets shall be described as the "on premises gate receipts" and shall be available for payment to the CITY to satisfy such sums owed the CITY for rental, additional services, accommodations, materials furnished, costs of any repair., rehabilitation, damage correction, replacement or, restoration of the - premises borne by CITY as a consequence of presentation of the event. The Assistant Di.r.ector. of Public Faci.liti_es shall, at his option, be entitled to collect such sums and shall be paid prior to payment of any other bills or sums of money owed. 5 ^-N 4001, 19. 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, unless the same be in wri.ti.ng and mutual.l.y signed by the duly author.i.zed agent or agents executing this Agreement. 20. That the parties intend that this document-. shall. be a License Agreement and that no leasehold interest i_s conferred upon USER. 21. If it becomes necessary for CITY to collect any monies due i.t by USER, USER agrees to pay any and all reasonable attorney's fees and costs expended in the col.l.ection thereof. 22. This instrument and its attachments constitute the sole and only Agreement of the parties hereto relating to sai.d agreement, 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 wr. i.ti.ng 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: C,.ty Clerk Attest: Corporate Secret-.ary APPROVED AS TO INSURANCE: Insurance Manager. APPROVED AS DEPARTMENTAL REQUIREMENTS: Albert Ruder., Director Parks, Recreation and Public Facilities I THE CITY OF MIAMI, FLORIDA, a municipal corporation of the State of Florida BY _ Cesar. H. O TodTod City Manager. USER: FANTAS14A PRODUCTIONS, INC., a Florida for profit corporation. Print Name Ti. t I e (SEAL) APPROVED AS TO FORM AND CORRECTNESS: CT.ty AAttorney 6 rN CORPORATE RESOLUTION WHEREAS, the Hoard of Directors of FANTASMA PRODUCTIONS, INC., desires to enter into an Agreement with the City of Miami for use of the MIAMI MARINE STADIUM; and WHEREAS, the Board of Directors of FANTASMA PRODUCTIONS, INC., has examined terms, conditions and obligations of the proposed Agreement with the City of Mi-ami 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 FANTASMA PRODUCTIONS, INC., that the President( } or Vi.ce- 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 MIAMI MARINE STADIUM; 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 the City of Miami-. IN WITNESS WHEREOF, this day of �• 198 Attest: Corporate Secretary Signature Print or. Type Name CHAIRMAN, Board of Directors By Signature EXHIBIT 1 Print: or. Type Name (SEAL) CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO' Honorable Mayor and Members DATE: of the City Commission SUBJECT: FROM : Cesar H. Odi REFERENCES: City Manager ENCLOSURES: Background 1 MAY 3 0 1989 FILE : Resolution Authorizing Agree- ment with Fantasma Productions It is respectfully recommended that the City Commission adopt the attached Resolution authorizing the City Manager to execute an agreement with Fantasma Productions, Inc. for the presentation of at least five (5) concerts at the Marine Stadium during the summer of 1989. Recommendation The Department of Parks, Recreation and Public Facilities has been working with Fantasma Productions, Inc. to complete arrangements for the presentation of various events at the Miami Marine Stadium. Fantasma Productions, Inc. has offered to present at least five (5) concerts featuring internationally known recording artists at the Miami Marine Stadium as follows: Date Artist June 24 Al Jarreau July 28 K.T. Oslin July 29 Jose Luis Rodriguez ("El Puma") July 30 "El Puma" (tentative second Show) August 22 Gypsy King August 27 David Sandborn 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 Fantasma which delineates the various charges, terms and conditions for said use. Fantasma has agreed to pay a use fee of $2, 500 versus 12% of gross ticket sales receipts and all -applicable sucharges for each concert. Fantasma will also - cover certain stadium personnel and operating expenses for each event. 4 Honorable Mayor and Members of the City Commission Page 2 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 $130,386 for the five concerts. With City expenses averaging $3,538 per show, or a total expense of $17,690, net revenue is estimated at $112,696, as shown in the table attached. Additionally, Fantasma expects to book a second show for "El Puma", which could net an additional $30,272 to the City, for a combined net revenue of $142,968 for all six (6) shows. hl h��iNti��II��dII�Id���I�I�NII�IIN�'I����i�lr�►�'�►�!����►�►����i�����►►�y�►�►��������u�ii��►�a �i;��o���u� � a,��► a► a►����►a���� CONCERT 1 CONCERT 2 CONCERT 3 CONCERT 4 CONCERT 5 Al Jarreau K.T. Oslin 'El Puma' Gypsy King. D. Sandborn B A S E Total Est. Attendance 5,000 5,000 6,500 5,000 5,000 (each includes 200 boats) Ticket Price* $21.50 $16.50 $21.50 $18.50 $18.50 Parking rate $ 4.00 $ 3.00 $ 4.00 $ 3.00 $ 3.00 ************************** G R O S S R E V E N U E S RENT ** $13,440 $10,320 $17,580 $11,100 $11,100 SURCHARGE (Total Attendance x $1) Att. @ $1. 5,000 5,000 6,500 5,000 5,000 CONCESSIONS (Inside Attendance x $1.25 per cap x 33.4%) FOOD & BEV. 2,004 2,004 2,630 2,004 2,004 CONCESSIONS (Inside Attendance x $0.50 per cap) NOVELTIES 2,400 2,400 3,100 2,400 2,400 i PARKING (Lot capacity, 1000 x applicable rate) 4,000 3,000 4,000 3,000 3,000 TOTALS $ 26,844 $ 22,724 $ 33,810 $23,504 $23,504 ********************* C I T Y E X P E N S E S PARKING STAFF ($ 500) ($ 500) ($ 500) ($ 500) ($ 500) CLEAN-UP (388) (388) (388) (388) (388) SECURITY (2,500) (2,500) (2,500) ($2,500) (2,500) FIRE (150) (150) (150) (150) (150) TOTALS ($ 3,538) ($ 3,538) ($ 3,538) ($3,538) ($3,538) i NCI ********************* 26,500 N/A N/A $ 63,540 $ 26,500 $ 10,646 $ 12,700 $ 17,000 $130,386 ($ 2,500) ($ 1,940) ($12,500) ($ 750) ($17,614) N E T C I T Y R E V E N U E $23,306 $19,186 $30r272 $19,966 $19,966 $112,696 * Ticket price excludes applicable surchage ¢�'** Rent figures are based on (200 boats @ $45 + Inside Attendance x Ticket price) x 12% tentative 2nd show 6,500 $ 21.50 $ 4.00 $17,580 6,500 2,630 3,100 4,000 $33,810 ($ 500) (388) ($2,500) (150) ($3,538) $30,272 Tentative Total 33,000 N/A N/A $ 81,120 $ 33,000 $ 13,276 $ 15,800 $ 21,000 $164,196 ($ 3,000) ($ 2,328) ($ 15,000) ($ 900) ($ 21,228) ($142r968) Lj