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HomeMy WebLinkAboutR-88-1221s' RESOLUTION NO�--..- A RESOLUTIbN� WITg ATTACHMNNT, ESTADLISHINO Sint IAL IARGES, TERMS AND CONDITIONS FOR THE GE BOWL STADIUM $y UNtTEb 1 USE Op THE OPM *.,.. rhu THE pRESENTATION f ROBERTIF•`CLARK CHIEF DEPUTY CITY ATTORNEY ' APPROVED -AS TO FORM': AND' CORRECT] S t JOR E L' FE ANDEZ 'ATTORNE 7 1 n x , it Fb + dxAl4 ' E g,* i r y e �r'i l4 d k� r{S Ott t �`s ti '` dj .r;y Oki ai.ie �`rg�L3'1 �-yft�xr �jz s't rY'Lr°'ixE4��k 3�5. Yt.r'�it 1�� � � ir.t� {�iti�y � �k� �'t�s� ark itt` t"g!`sfltf� d{ ��;�� � �'y t ��v��s6rtj.^>•. 5 U8y, A8R8EMNNT city 6p MIAMI Tills A0n'8MENT made and entered into this ; clay of 1989 # by and �;etween the CITY or MIAMI, a Municipal crpoation of the State of Florida, hereinafter referred to as the "CITY" and United Sports of America, a Missouri Joint 'Venture, a for profit organization, wJ ith its principal -office located at 9920 Ward Par-twa , Suite 500, Xansas Cit , Missouri, , y y 64114, telephone (816) 523-6800, hereinafter referred to as the "USER". ` R ,E C ,I T A Le In consideration of the covenants and agreements hereinafter set forth'the. CITY does hereby grant unto the USER the privilege entry upon:or into the Municipal facility of the City of Miami of Y known as the ORANGE BOWL STADIUM, -the said .facility•.to be entered ' of .;present ing :the .Coors Motor upon or into for the purpose , - .,. Roll a r: Spectacular (Mudathon, Truck & Pull, ;Demolition Derby, . Op `Noon on 2 ovens, Specialty Acts),.;the period mmencing,'at 12 forco. rT4i t January 7, 1989,, and terminating at.12 00 Midnightaon the`7th,day$ sm ti4; of January 1989,.not including set up or di antle me, If required, set, up may begins 'on:the 4th tof January, 19$9 at 6:00 PM and: dismantle .shall, be no later than the 9th day' oftJanuary, x j n 4: free of charge ��� p , and diysmantle time,is' normally t 1989 Set u f ,U January 8 unless'.unusally long P eriodsof time are `req ed) s a rain date at no additional use fee. g 198.9 shall be used a K User s1�a11 mean licensee. 2 THE:. USER HEREBY CONVENANTS AND AGREES: a � i To. Spay the ,City of Miami for the use:,of tsasalesid c aft ... Twenty;; percent (20%) of gross ticke. _ $300,000 of gross sales (less State sales tax) _ tiie rt use fee :plus the 6% State of Florida use. tax on .total;use fee -will be paid at the close of the events ,Lrfi 2. To. pay CITY the -, , on demand, such sum or, sums as may be, y fi due, to said CITY for additional services,C{�1. 1 urnished to said USER• accommodations `or, -material f � 4 k_ b j ,rrtvc fi� �dr4 �' F 'f y t t ", r5 ilt' 7 f T J�41 sS r,7 r1Rt.�� ',�1�`Q'�� �^h kd�p♦ £: �{��. — _. P� rF'4 aFri2 xr+ 7 +' ^re'! ✓ snr?.Tx.rf,- i:•- {j,—_ 3. Based upon an actual admission price, excluding taxes, of $13.00 and $15.00 per person, (per day) as established by User, User shall levy and collect on behalf of the CITY, a ticket surcharge in the amount of seventy=fifty cents ($0.75) per paid admission. Each printed ticket shall be itemized to show the admission price, applicable taxes, any service charge from outside ticket agencies, and the City's ticket surcharge. USER 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 City Code provisions and the terms of this Agreement. 4. That the USER shall pay CITY 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 CITY as a consequence of presentation of the event. 5. The Director of Parks, Recreation and 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. Such monies that are on hand as the "on premises gate receipts" shall be available for payment to the City of Miami to satisfy such sums owed CITY for rental, additional services, accommodations, materials furnished, cost of any repair, rehabilitation, damage correction, replacement or restoration of the premises borne by 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 and shall be paid prior to payment of any — other bills or sums of money owed. "on premises gate receipts" shall be defined as all sums of money collected by the USER or his agent at the stadium in connection with a particular event. 6. That all advanced sums or advanced payments for services shall be forfeited if, through the fault of the USER, the event is not held on the dates and times ti contracted. : t 7. CITY reserves the right to enter upon the premises at any time during the period of use as it deems = necessary. B. CITY reserves the right to remove from the premises all — USER effects remaining in or on the ground of thq facility after the end of the .contract period, at the expense of the USER; or to charge storage at the same rate of $1,000 per day, for each day or part of a day P that said effects remain in or on the grounds of the - facility after the end of the contract period. For — purpose of this provision, "dismantle time" shall be _ considered to be a part of the contract term. h .. F. 9. To provide a diagram of the proposed event layout to. — the office of Fire Prevention, 275 N.W. 2nd, Street,., 1 Miami, Florida and obtain fire. permits required by, t, Section 19- 516 of the Code of the City of Miami, relative to fire safety.` t -2- " it i �1 f $ 10. That any matters not herein expressly provided for shall be in the discretion of the City Manager or his representative. 116 That USER has read the "Rules and Regulations for USE of City of Miami Municipal pacilities" 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 he certifies that he will abide by each and every rule and regulation set out therein without the need to have said Rules and Regulations repeated in this Agreement. 12. USER shall indemnify and save harmless forever CITY, and all the CITY's officers, agents and employees, including all police officers and staffing as specified in Paragraphs 15e and 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; 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 investigation thereof. 13. USER agrees that there shall be no discrimination as to race, sex, color, handicap, creed or natural 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, light for ordinary use, plywood, geotextile, water for all reasonable purposes and.rest room supplies, and nothing else. h 4 THE PARTIES HEREBY MUTUALLY COVENANT AND AGREE: ^l�r 15. That the following additional provisions shall be . adhered to: a. Occupational license to be secured from the Tax %xt and License Division, 3006 Aviation Avenue,_ Miami:,,1 Florida. b. Certificate of Use Building and Electrical Permit to be secured through City., of Miami Building Department, 275 N.W. 2nd Street, Miami, Florida. c. Insurance coverage is required and is to be. A cleared through the City of Miami Law Department, located at 1 S.E.3rd Avenue, Miami, Florida, ;E telephone (305) 579-6700. The policy must be endorsed to name the CITY as an additional insured Er.; and CITY is to be provided with a copy of the rt: a =_ policy and a certificate of same. The company- 3 mustbe acceptable to be CITY. No qualification of the additional insured provision is permitted. d. All parking revenue belongs to CITY. e. USER agrees to pay for necessary personnel_ such:a8 electricians, custodians, groundsmen,.,securty, t. etc.; said personnel will be, paid directly :by„U.SER{ R. with a four (4) hour minimum at rates :established, .. �. ar T s G f h t } l 11l.CfSJ� by the Director of Parks, Recreation and Public Facilities, for said event. The Director of Parks, Recreation and Public Facilities will provide USER with an estimate of said costa not less than 72 hours prior to the start of said event. f. The nirector of Parks, Recreation and Public Facilities, after full discussion of the type of event with USER will contact the City of Miami Police Department for sufficient security prior to, during and after the event. Police to be paid directly by USER. g. USER agrees to pay for cleaning contractor for cleanup of facility after event has ended. The estimated for cleaning is $3,321.00 based on attendance of 30,000. A trash pick-up charge will also be the responsibility of USER. i. USER agrees to include in all advertising for event in the facility that bottles and cans cannot be brought into the facility. j. USER will install all staging and props, including special lighting, etc., at own expense, same to be approved by Director of Parks, Recreation and Public Facilities. k. Damages will be jointly assessed by the Director of Parks, Recreation and Public Facilities or his designee and, if any are confirmed, repair will be paid for by USER. USER shall return the Stadium to CITY in the same condition as it was when it was received. 1. Ticket sellers, takers and ushers are responsibility of USER. M. USER agrees to tear down immediately after event has ended. r n. Ticket manifest is`) -to be 'presented to the Director of Parks, Recreation and Public Facilities at the ^F �^ time of the signing of the contract. o. USER shall furnish the Stadium two hundred (200) t: ticket's for promotional purposes for other' stadium events. These seats are to be pulled from k. Sections P, 0, R, S, T, U, V, W, evenly from Rows F 17 - 25. CITY shall permit USER to use up to 5% of the total tickets printed forcomplimentary purposes. All complimentary tickets issued in ti excess of the 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 l of this Agreement. p. USER guarantees that no damage will be done to the. Orange Bowl playing field (Prescription Athletic r Turf) and that it will be jointly inspected by USER and the Director of Parks, Recreation `and r r ` Public Facilities or his designee to insure that j' F it is returned in the same condition as it was accepted. All monies necessary to repair damage:' r. shall be paid by USER. . j Ai 'k •r �5r r x , q. Gates are to be opened at least 1.5 hours prior to show time. All tickets and advertising shall indicate gate opening time. CITY reserves the right to open gates or adjust gate opening time as it deems appropriate, based on crowd and conditions. r. USER agrees that he has no concession rights during the duration of this Agreement. s. A maximum capacity of 65,000 will be permitted for this event. t. All filming or video of events in CITY facilities must be approved by Department Communications' Film & Video Coordinator, George Detrio. Without such approval, filming/video shall not be permitted. Please contact George Detrio at (305) 579-6925. 16. Police requirements shall be determined by the Department of Parks, Recreation and Public Facilities and the cost shall be responsibility of USER. • 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 the sufficient numbers to effectively control situation. The promoter will assume the responsibility of paying for the services of these additional officers who may work 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. 17. 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. 18. A11- 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 or any agent or other person be in writing of the parties hereto, unless the same and mutually signed by the duly authorized agent or agents executing this Agreement. 0; 19. That the parties intend that this document shall be a t ' =_ license Agreement and that no leasehold interest is conferred upon the USER. rf 20. This instrument and its attachment constitute the sole �M1 and only Agreement of the parties hereto relating; to ; i said Agreement, and correctly set forth the rights, r� duties and obligations of each other as of its date. a{,; ¢ Any ises, negotiations or s . prior agreements, prom representations not expressly set forth in this Agree are of no force or effect. f = 3 C • 5 e .z�'-0 s , v 11�, i[�a� RJR-.ryK S no ''�4^,�r�a 4 t` 1 � •F+r/�,4�1�•%'n'.rt4h .F.}ski h_ ?arks, ?ublic''