HomeMy WebLinkAboutR-88-0889q$
J-88-938
9/16/88
RESOLUTION NO. 88-•889
A RESOLUTION ESTABLISHING SPECIAL CHARGES,
TERMS AND CONDITIONS FOR THE USE OF THE
MARINE STADIUM BY THE FRATERNAL ORDER OF
POLICE, DISTRICT #6 FOR THE PRESENTATION OF
THEIR SIXTH ANNUAL BENEFIT CONCERT AT SAID
STADIUM ON NOVEMBER 27, 1988; FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE A USE
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED
FORM, BETWEEN THE CITY OF MIAMI AND SAID
ORGANIZATION.
WHEREAS, the Department of Parks, Recreation and Public
Facilities has worked with the Fraternal Order of Police,
District#6, to present their 6th Annual Benefit Concert at the
Marine Stadium; and
WHEREAS said organisation has requested a waiver of the
percentage portion of the use fee stipulated by the City Code;
and
WHEREAS, said waiver will enable this not -for profit group
to utilise more concert proceeds to support police officers in
need, local charities and safety -related legislative efforts; and
WHEREAS, the Department of Parks, Recreation and Public
Facilities recommends such waiver and has prepared the attached
agreement reflecting the special charges; and
WHEREAS, the balance of charges, terms and conditions of
said agreement are sufficient to cover event expenses and will
generate revenue to the City; and
WHEREAS, Section 53-151 (C)(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 1. The special charges, terms and conditions as set
forth in the attached agreement for use of the Marine Stadium
Stadium by the Fraternal Order of Police, District #6,are hereby
ATTACHMENTS
CONTAINED
CITY COMMISSION
MEETING OF
OCT 6 19"
WAMs
established for said organization's presentation of their 6th
Annual Benefit Concert on November 27, 1988.
Section 2. The City Manager is hereby authorised to execute
a use agreement, in substantially the form attached, between the
City of Miami and said organization.
PASSED AND ADOPTED this 6th day of October . 1999.
■% L . 1
MAYOR
ATTE
ST
NATTY HIRAI, CITY CLERK
PREPARED AND APPROVED BYs
ROBER:T F. CLERK
CHIEF DEPUTY CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESSt
YV CI Y. r rJswi
CI ATTORNEY
P.j
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19
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1 . 61
CITY OF MIAMI, FLORIDA
THIS AGREEMENT made and entered into this i day of
_ , 1988, by and between the City of Miamir a
municipAl corporation of the State of Florida, hereinafter
referred to as the "CITY" and the Fraternal Order of, polio,
District N6 a not -for -profit Florida corporation with its
principal office located at 23n0 N.N. 14th Street, Miami, Florida
33125, telephone (305) 633-9920 hereinafter referred to as the
"USER".
R E C I T A L :
In consideration of the covenants and agreements hereinafter
set forth, CITY does hereby grant unto USER the privilege of
entry upon or into the Municipal facility of the City of Miami
known as the MARINE. STADIUM, the said facility to be entered upon
or into for the purpose of presenting a benefit concert featuring
oldies groups "Blood, Sweat and Tears", "Grassroots" and "Bachman
Turner Overdrive" for the period commencing at 1:00 p.m., or,
Sunday, November 27, 1988 and terminating on or before 6:00 poa.
on Sunday, November 27, 1988, not including setup or dismantle
time. If required, setup shall be Saturday, November 26, 1986.
Dismantle shall be completed no later than midnight on Sunday
November 27, 1988. (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 AND AGREES:
1. To pay CITY of Miami for the use of said facility:
(a) Two Thousand Five Hundred Dollars ($2,500) as the flat
use fee, plus six percent (61) State of Florida Use
Tax.
(b) To pay to CITY, on execution and delivery of this
Agreement the sum of two thousand, six hundred and fifty
dollars ($2,650.00) for the use fee including the 60
state of rlorida Use Taxes speutfied in Paragraph 1.
Any remaining contract amounts shall be paid prior to or
at the conclusion of the event, as applicable.
2. Based upon an actual admission price, excluding taxes,
of 010.00 to $12.50 per person, (per concert) as
established by User, User shall levy and collect on
behalf of the City, a ticket surcharge in the amount of
seventy-five cents ($0.75) per paid admission. Each
printed ticket shall be itemized to show the admission
price, applicable taxes, any service charg" from outside
ticket agencies, and the City's ticket surcharge revenue
shall be paid to the City upon demand, and/or an soon as
possible after ttie conclusion of the event, in
accordance with City Code provisions and the terms of
this Agreement.
3. To pay CITY, on demand, such sum or sums an may be due
to said CITY for additional services, Accommodations or
material furnished to said USER.
4. That USER shall pay to 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. That all advanced s"ms, or advanced payments for
services shall be forfeited if, Through the fault of
USER, the event is not held on the dates and Limes
nontraoted.
6. CITY reserves the right to enter upon the premises at
any time during the period of use as it deems necessary.
7. CITY reserves the right to remove from the promises all
USER effects remaining in or on the ground of the
facility after the end of the contract period, at, the
expense of 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.
0. The Director of ParXs, 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 conclusion of the event. The City shall have the
right to all monies as well as on premise receipts,
including all monies taken in at all ticket booths, such
monies that are on hand shall be available for payment
to City to satisfy such sums owed City for rental,
surcharge, additional services, accommodations, material
furnished, cost of any repair, rehabilitation, damage
correction 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
and shall be paid prior to payment of any other bills or
sumr of money owed.
9. To provide a diagram of the proposed event layout to the
Office of Dire 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 I' relative to f ire
safety. User to pay for Fire Marshals if required by
Tire Department.
10. That any m*tters not herein expressly provided for shall
be in the discretion of the City Manager or his
designated representative.
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11. That USER has read the "Rules and Regulations for Use of
City of Miami Municipal Facilities" 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 tho exe6ution of this
Agreement certifiea that he will abide by PA Cn and every
rule and regulation, said rules and regulationq Are
hereby made a part of this Agreement as fully as though
they were herein set forth at length.
12. USER shall indemnify, defend and save harmless forever
CITY, all the CITY'S officers, agents and employees
including all police officers and staffing as specified
in Paragraphs 16e and 17 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. CTTY 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. relrthermore, 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 Vublic.
14. USER 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.
THZ CITY HEREBY COVENANTS AND AGREES:'
15. To furnish at CITY'S expense, except as may herein be
otherwise provided, light for ordinary use, water for
reasonable purposes, rest room supplies and nothing
also.
THE PARTIES HEREBY MUTUALLY COVENANT AND AGREE%
16. That the following additional provisions shall be
adhered to:
a. Necessary license to be secured by USER from the
cITY'S Tax and License Division, 63 S.W. 1 Street,
Miami, Florida.
b. Certificate of Use and Building Permit to be secured
by USER through City of Miami Fire, Rescue and
Inspection Services Department, 275 M.N. 2nd Street:,
Miami, rlorida.
Q. UBER is required to have insurance coverage for the
contract period including setup and dismantle times.
Coverage is to be cleared by USER through the office
of the city of Miami General Services
Administration, Insurance Manager, 1390 N.W. 20
Street, telephone (305) 579-6160. The policy must
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be endorsed to name CITY as primary additional
Insured, and CITY is to be provided with cortificAte
Of same. No qualification of the additional insured
provision is permitted. The company mast be
acceptable to CITY.
d. All parking revenue helungy tt) CITY.
e. 119ER agrees to pay for necessary personnel such as
electricians, custodians, groundsman, security,
event supervisor, office attendant, auditor, etc.,
Raid 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 sold event:.
f. The Director of Parks, Recreation and Public
Pacilities, 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. USER to pay Police at
conclusion of the event.
q. USER agrees to pay for cleaning contractor for
cleanup of facility including the parking lot area
after event has ended. The estimate for cleaning is
4390.00, based on attendance of 6,000.
h. US1!R will install all staging and props, at own
expense, same to be approved by Director of Parks,
Recreation and Public Facilities.
i. USER ayrens -to include in all advertising for event
in the facility that bottles and cans cannot be
brought into the facility.
�. USER agrees that he has no concession rights during
the duration of this.Agreement.
k. Ushers are responsibility of the USER.
1. USER agrees to pay the estimated three hundred and
sixty dollars ($360.00) cost for a one-way movement
of the Marine Stadium barge, if necessary.
17. USER agrees to furnish Sufficient police or security
prior to, during and after the event, as determined
necessary by the Director of Parks, Recreation and
Public facilities.
18. The operator 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.
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 hereto, unless the same be in writing and
atutually signed by the duly authorized agent or agents
executing this Agreement.
20. That the parties intend that his document shall be
License Agreement and that no leasehold interest is
conferred upon U99R.
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21. This Agreement may not be transferred or assigned by
U819%no rithout the express written consent of the City.
22. If it becomes necessary for CITY to collect any monies
due it by USER, USER agrees to pay any and all
reasonable attorney's fees anti costs expended in the
collection thereof.
23. This Agreement will be construed and enforced according
to the laws of the State of Florida.
24. This instrument and ir.n attachments constitute the sole
and only Agreement of the parties hereto relating to
said 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 not forth in this
agreement are of no force or effect.
25, No amendments to this Agreement shall he binding on
either party unless in writing and signed by both
partles.
IT WITNESS WHEREOF, the parties hereto have individually and
through their proper corporate officials executed this Agreement
the day and year first written.
Attest:
C ity 71-Nr.•k
Attest:
Mickey Rabahoff,^
Corporate Secretary
APPROVED AS TO INSURANCE:
Insurance Manager
THE CITY OF MIAMI, yLORIDA
8Y
Cesar H. Odio
City Manager
USER Fraternal order of Police,
District 16, a llorida not -
for -profit corporation
• sorge T. Chieffi,
District #6 Director
APPROVED AS TO FORM AND
CORRECTNESS:
APPROVED AS TO DEPARTMENTAL REQUIREMENTS:
01 rector
Parks, Recreation and
Public Facilities
City Attorney
0
CORPORATT.. RESOI•UTION
WHEREAS, FRATERNAL ORDER OF POLICLr DISTRICT 06, desires to
enter into an agreement with the City of Miami for use of the
MARI4E_STAO.TUM; and
WHEREAS, the Soar! of Directors of FRATERNAL ORDER OF
POLICE, DISTRICT 16, has examined terms, conditions and
obligationm of the proposed Agreement with the City of Miami for
use of the 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 morporationi
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS of
FRATERNAL ORDER OF POLICE, DISTRICT #6, that the Director( ) and
Secretary are 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 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 "ITNESS WHEREOF# this _ day of
198
Attest:
Corporate ecretary 1g,ia! at e
r nt or Type Name
CHAIRMAN, Board.of Directors
By
gnaturc
EXHIBIT 1
Print or Type Name
(SEAL)
f
M f -
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO
prROM
Honorable Mayor and Members
of the Commission
Cesar H. Odio
City Manager
RECOMMENDATION:
DATE: S E P 2 8 1988 ^`E°
Resolution Establishing
SUBJECTTerms and Approving
Agreement With Fraternal
Order of Police
RErERENccs
ENCLOSURES.
It is respectfully recommended that the City Commission adopt the
attached resolution establishing special terms for the use of the
Marine .Stadium and authorizing the City Manager to execute a
stadium use agreement with the Fraternal Order of Police,
District #6, for a benefit concert to be held November 27, 1988.
BACKGROUND:
The Department of Parks, Recreation and Public Facilities has
been working with the Fraternal Order of Police to complete
arrangements for their 6th Annual Benefit show to be held at the
Marine Stadium in November. The concert will feature three
musical groups that were popular in the late 1960's and early
70's. Proceeds from the show will be used by the organization to
assist Police officers in need, local charities, and the efforts
of the Order to effect positive legislative changes on safety
related issues.
The organization has agreed to pay all necessary City fees and
expenses for this event, including the ticket surcharge, and a
sta('i.um use fee of $2,500, but has requested a waiver of the
percentage portion of the use fee stipulated by the City Code
(10% of gross admission sales). The administration supports
their request since essential expenses are not affected and
sufficient revenue will be generated from concessions to augment
the stadium operating budget. Additionally, the waiver will
provide increased concert proceeds to be used for the benefit of
the Community.
Attachments:
Resolution
Agreement