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HomeMy WebLinkAboutR-88-041151 C J�88-417 4/26/88 RESOLUTION NO.���i A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI AND FANTASMA PRODUCTIONS, INC. FOR THE USE OF THE BOBBY MADURO MIAMI BASEBALL STADIUM FOR A CONCERT FEATURING LYNYRD SKYNYRD ON MAY 29j 1988. WHEREAS, the Department of Parks, Recreation and Public Facilities has approached Fantasma Productions, Inc. to bring the Lynyrd Skynyrd concert to the Bobby Maduro Miami Baseball Stadium; and WHEREAS, special events such as the Lynyrd Skynyrd concert are vital to the revenue operations of the Bobby Maduro Miami Baseball Stadium; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section I. The City Manager is hereby authorized to execute an agreement, in a form acceptable to the City Attorney, between the City of Miami and Fantasma Productions, Inc. for presenting the Lynyrd Skynyrd concert at the Bobby Maduro Miami Baseball Stadium on May 29, 1988. PASSED AND ADOPTED this 12th day of ay 1988. - Y/40 % 6 XAVIER L. SUAH&MAYOR ATTEST: PREPARED AND APPROVED BY: ROBERT F. CLARK CHIEF DEPUTY CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: LU A A. D UGHERTY CITY ATTORNEY CITY COMMISSION MEETING OF MAY 122 11988 " TION No. 3+4 C C CITY OF MIAMI, FLORIDA THIS AGREEMENT made and entered into this day of , 1988, by and between the City of Miami; a municipal corporation of the State of Florida, hereinafter referred to as the "CITY" and the Fantasma Productions, Inc., with its principal office located at 2000 South Dixie Highway, West halm Beach, Florida 33405, telephone (305) 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, CITY does hereby grant unto USER the privilege of entry upon or into the Municipal facility of the City of Miami known as the BOBBY MADURO MIAMI BASEBALL STADIUM, the said facility to be entered upon or into for the purpose of presenting the "Lynyrd Skynyrd Show" for the period commencing at 4:00 p.m., Sunday the 29th of May, 1988 and terminating on or before Midnight, Sunday the 29th of May 1988, not including set up or dismantle time. Set up shall begin Friday 8:00 AM, May 27th, 1988. Dismantle shall be completed no later than 2:00 p.m., May 31st, 1988. (Set up and dismantle time is normally free of f charge unless unusually long periods of time are required). The advertised gate opening time shall be 2:00 PM - See page #3 paragraph L. USER shall mean licensee. THE USER HEREBY COVENANTS AND AGREES: 1. To pay City of Miami for the use of said facility: Two Thousand Five Hundred Dollars ($2,500.00) minimum use fee or 10% of the gross ticket sales, after taxes, whichever is greater, plus 6% State of Florida Use Tax. The maximum use fee for this event shall be limited to sixty thousand ($60,000) dollars. 2. To pay CITY on the execution and delivery of this Agreement the sum of Two Thousand Five Hundred Dollars ($2,500.00) plus $150.00 State of Florida Use Tax for the minimum use fee as specified in paragraph 1 of this Agreement. If 10% of the gross ticket sales, is greater than the minimum use fee, then the difference between said percentage fee and said minimum use fee plus 6% State of Florida Use Tax of the total use fee shall be paid at the conclusion of the event. 1 of 7 SS-411 r.. r C 3. To pay CITY, on demand, such sum or sums as 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 sums, or advanced payments for services shall be forfeited if, through the fault of USER, the event is not held on the dates and times contracted. 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 premises 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. 8. That any matters not herein expressly provided for shall be in the discretion of the City Manager or his designated representative. 9. 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 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. 10. USER shall indemnify and save harmless forever CITY, all the CITY'S officers, agents and employees including all police officers and staffing as specified in Paragraphs 13e and 14 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. 11. 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. THE CITY HEREBY COVENANTS AND AGREES: 12. 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 else. 2 of 7 89-411 C THE PARTIES HEREBY MUTUALLY COVENANT AND AGREE: 13. That the following additional provisions shall be adhered tot a. Permit to be secured by USER through City of Miami Fire, Rescue and Inspection Services Department, 275 N.W. 2nd Street, Miami, Florida. b. USER is required to have insurance coverage for the contract period including set up and dismantle times. Coverage is to be cleared by USER through the office of the City of Miami General Services Administration Department, 1390 N.W. 20th Street, Miami, Florida, Telephone (305) 579-6740. 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 certificate of same. No qualification of the additional insured provision is permitted. The company must be acceptable to CITY. c. All parking revenue belongs to CITY. d. USER agrees to pay for necessary personnel such as electricians, custodians, groundsmen, security, event supervisor, office attendant, 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. e. The Director of Parks, Recreation and 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. f. USER agrees to pay for cleaning contractor for cleanup of facility after event has ended. The estimate for cleaning is $1,900.00 based on attendance of 20,000 for each event. g. USER will install all staging and props, at own expense, same to be approved by Director of Public Facilities. h. USER agrees to include in all advertising for event in the facility that bottles and cans cannot be brought into the facility. i. Ticket manifest is to be presented to the Director of Parks, Recreation and Public Facilities, at the conclusion of the event. J. A maximum attendance of 40,000 will be permitted for each event. k. Ticket sellers, takers and ushers are responsibility of USER. 1. All tickets and advertising shall indicate the gate opening time of 2:00 PM. The CITY reserves right to open gates or adjust gate opening time as it deems appropriate based on crowd control and conditions. The City may deem it necessary to open the gates at noontime - or sooner. 3 of 7 88-41L U C m. USER agrees that lie has no concession rights during the duration of this Agreement. USER shall only have the right to sell programs novelties, and other items limited to T-Shirts, buttons, hats, other apparel, records, tapes, photographs and posters referring to this event with approval from the Director of Parks, Recreation and Public Facilities. The City will change one dollar per person (turnstile count or paid attendance whichever is higher) for the rights to Vendor Novelties. Any concession rent paid to the City will include an additional 6% State Use Tax. n. USER must provide the Director of Parks, Recreation and 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 indemnify and hold CITY 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 An event if said valid license(s) are not a part of event s legal record no later than seventy-two (72) 'hours prior to gate opening time. o. USER agrees to pay for a groundskeeper and other City staff 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 Director of Parks, Recreation and Public Facilities, with one hundred fifty (150) tickets for this event for promotional purposes. CITY shall permit USER to use up to 1% of the total tickets available for complimentary purposes. All complimentary tickets issued in excess of the 1% 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". Only complimentary tickets issued by the BASS Ticket Agency will be acceptable 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 Community Development's Film and Video Coordinator, George Detrio. Without such approval filming/video shall not be permitted. Please contact George Detrio at (305) 579-6325. 4 of 7 88-411 C C s. USER agrees that CITY retains all rights to use of the press box facilities. A portion of the press box may be used by USER with approval of the Director of Parks, Recreation and Public Facilities, with cleanup of said area to be at USER'S expense. 14. Police requirements shall be determined by the Director of Parks, Recreation and Public Facilities and 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 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, bookings prisoners, etc., whichever is greater. 15. 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 times at the time of the closing of the ticket gates for the event. Said demand for payment shall apply to all ticket agencies, i.e., B.A.S.S., select -a -Seat or any other selling tickets for this event. If directed to do so, all sums necessary will be paid to the Director of parks, Recreation and Public Facilities immediately after the closing of ticket gates and when settlement from agencies will take palce. CITY shall have first rights to all advance ticket monies as well as on premise gate receipts. Such monies that are on hand as the "on premises gate receipts" shall be available for payment to additional services, accomodations, 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. "On premises gate receipts" shall be defined as all sums of money collected by USER or his agent at the stadium or at all remote ticket outlets in connection with a particular 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. 16. 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 writing and mutually signed by the duly authorized agent or agents executing this Agreement. 17. That the parties intend that his document shall be a License Agreement and that no leasehold interest is conferred upon USER. 18. 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 and costs expended in the collection thereof. 5 of 7 88-411 C 19. This instrument and its 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 set forth in this Agreement are of no force or effect. 20. No amendments to this Agreement shall be binding on either party unless in writing and signed by both parties. 21. This Agreement may not be transferred or assigned by USER without the express written consent of the City Manager. IT WITNESS WHEREOF, the parties hereto have individually and through their proper corporate officials executed this Agreement the day and year first written. Attestt City Clerk Attest: Corporate Secretary APPROVED AS TO INSURANCE: Insurance Manager APPRO ED AS PER DE V26RTMENTAL REQU M NTS• Wa ter E. Go y, Dim- or 6of7 THE CITY OF MIAMI, FLORIDA City Manager USER Fantasma Productions, Inc. Title (SEAL) APPROVED AS TO FORM AND CORRECTNESS: City Attorney ■:. 89-411 CORPORATE RESOLUTION WHEREAS# the toard of Directors of PantastmaPtoductiotis,_ Inc.* desires to enter into an agreement with the City of Miami for use of the BOBBY MADURO MIAMI STADIUM; and WHEREAS# the Board of Directors of Fantasma Production# Inc., has examined terms, conditions and obligations of the proposed Agreement with the City of Miami for use of the BOBBY MADURO MIAMI 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 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 BOBBY MADURO MIAMI 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 S gnature EXHIBIT 1 7of7 Print or Type Name (SEAL) 88-411 CITY OF MIAMI, FLORIDA 10 INTEROFFICE MEMORANCIUM TO Honorable Mayor and Members of the City Commission tRom. Cesar H. Odio City Manager RECOMMENDATION: DATE MAY 4 1988 FILE SUBJECT Resolution Approving Lynyrd Skynyrd concert Agreement REFERENCES: ENCLOSURES: It is respectfully recommended that the City Commission adopt the attached Resolution authorizing the City Manager to execute a stadium use agreement with Fantasma Productions, Inc., for the Lynyrd Skynyrd concert to be held May 29, 1988, at the Bobby Maduro Miami Baseball Stadium. BACKGROUND: Over the past month the Department of Parks, Recreation and Public Facilities has been negotiating with Fantasma Productions, Inc., to bring Lynyrd Skynyrd to Miami for a concert in the Bobby Maduro Miami Baseball Stadium. Fantasma Productions has agreed to a May 29, 1988 concert, subject to their receiving a $60,000 cap on stadium rent. The Department of Parks, Recreation and Public Facilities drafted the attached agreement for this Lynyrd Skynyrd concert, which stipulates a stadium use fee of 10%, not to exceed $60,000. The Department is projecting the following revenues for the concert, based on a paid attendance of 30,000 at $18.50 per ticket: Stadium Rental $52,000 Parking 11000 Concessions, Food & Beverage 40,000 Concessions, Novelties 30,000 $123, 000 It should be noted, that for the stadium rent to exceed $60,000, ticket sales would have to exceed 34,378. Only the "Wham" concert of 1985 has exceeded this figure in the history of the facility. Unless sales exceed this figure, the rent charged will follow that prescribed by City Code. CITY OF MIAMI, FLORIDA THIS AGREEMENT made and entered into this day of , 1988, by and between the City of Miami, a municipal corporation of the State of Florida, hereinafter referred to as the "CITY" and the Fantasma Productions, Inc., with its principal office located at 2000 South Dixie Highway, West Palm Beach, Florida 33405, telephone (305) 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, CITY does hereby grant unto USER the privilege of entry upon or into the Municipal facility of the City of Miami known as the BOBBY MADURO MIAMI BASEBALL STADIUM, the said facility to be entered upon or into for the purpose of presenting the "Lynyrd Skynyrd Show" for the period commencing at 4:00 p.m., Sunday the 29th of May, 1988 and terminating on or before Midnight, Sunday the 29th of May 1988, not including set up or dismantle time. Set up shall begin Friday 8:00 AM, May 27th, 1988. Dismantle shall be completed no later than 2:00 p.m., May 31st, 1988. (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 2:00 PM - See page #3 paragraph L. USER shall mean licensee. THE USER HEREBY COVENANTS AND AGREES: 1. To pay City of Miami for the use of said facility: Two Thousand Five Hundred Dollars ($2,500.00) minimum use fee or 10% of the gross ticket sales, after taxes, whichever is greater, plus 6% State of Florida Use Tax. The maximum use fee for this event shall be limited to sixty thousand ($60,000) dollars. 2. To pay CITY on the execution and delivery of this Agreement the sum of Two Thousand Five Hundred Dollars ($2,500.00) plus $150.00 State of Florida Use Tax for the minimum use fee as specified in paragraph 1 of this Agreement. If 10% of the gross ticket sales, is greater than the minimum use fee, then the difference between said percentage fee and said minimum use- fee plus 6% State of Florida Use Tax of the total use fee shall be paid at the conclusion of the event. 1 of 7 88-411Q I 3. To pay CITY, on demand, such sum or sums as 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 sums, or advanced payments for services shall be forfeited if, through the fault of USER, the event is not held on the dates and times contracted. 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 premises 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. 8. That any matters not herein expressly provided for shall be in the discretion of the City Manager or his designated representative. 9. 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-Rulee 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. 10. USER shall indemnify and save harmless forever CITY, all the CITY'S officers, agents and employees including all police officers and staffing as specified in Paragraphs 13e and 14 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. 11. 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. THE CITY HEREBY COVENANTS AND AGREES: 12. 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 else. 2 of 7 88-411 3 I I THE PA.'TIES HEREBY MUTUALLY COVENANT AND AGREE: 13. That the following additional provisions shall be adhered to: a. Permit to be secured by USER through City of Miami Fire, Rescue and Inspection Services Department, 275 N.W. 2nd Street, Miami, Florida. b. USER is required to have insurance coverage for the contract period including set up and dismantle times. Coverage is to be cleared by USER through the office of the City of Miami General Services Administration Department, 1390 N.W. 20th Street, Miami, Florida, Telephone (305) 579-6740. 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 certificate of same. No qualification of the additional insured provision is permitted. The company must be acceptable to CITY. c. All parking revenue belongs to CITY. d. USER agrees to pay for necessary personnel such as electricians, custodians, groundsmen, security, event supervisor, office attendant, 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. e. The Director of Parks, Recreation and 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. f. USER agrees to pay for cleaning contractor for cleanup of facility after event has ended. The estimate for cleaning is $1,900.00 based on attendance of 20,000 for each event. g. USER will install all staging and props, at own expense, same to be approved by Director of Public Facilities. h. USER agrees to include in all advertising for event in the facility that bottles and cans cannot be brought into the facility. i. Ticket manifest is to be presented to the Director of Parks, Recreation and Public Facilities, at the conclusion of the event. J. A maximum attendance of 40,000 will be permitted for each event. k. Ticket sellers, takers and ushers are responsibility of USER. 1. All tickets and advertising shall indicate the gate opening time of 2:00 PM. The CITY reserves right to open gates or adjust gate opening time as it deems appropriate based on crowd control and conditions. The City may deem it necessary to open the gates at noontime - or sooner. 3 of 7 88-41 a. l L I A m. USER agrees that lie has no concession rights during the duration of this Agreement. USER shall only have the right to sell programs novelties, and other items limited to T-Shirts, buttons, hats, other apparel, records, tapes, photographs and posters referring to this event with approval from the Director of Parks, Recreation and Public Facilities. The City will change one dollar per person (turnstile count or paid attendance whichever is higher) for the rights to Vendor Novelties. Any concession rent paid to the City will include an additional 6% State Use Tax. n. USER must provide the Director of Parks, Recreation and 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 indemnify and hold CITY 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 AM event if said valid license(s) are not a part of event's legal record no later than seventy-two (72) 'hours prior to gate opening time. o. USER agrees to pay for a groundskeeper and other City staff 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 Director of Parks, Recreation and Public Facilities, with one hundred fifty (150) tickets for this event for promotional purposes. CITY shall permit USER to use up to 1% of the total tickets available for complimentary purposes. All complimentary tickets issued in excess of the 1% 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". Only complimentary tickets issued by the BASS Ticket Agency will be acceptable 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 Community Development's Film and Video Coordinator, George Detrio. Without such approval filming/video shall not be permitted. Please contact George Detrio at (305) 579-6325. 4 of 7 88-411 - 5 ,1 -1 s. USER agrees that CITY retains all rights to use of the press box facilities. A portion of the press box may be used by USER with approval of the Director of Parks, Recreation and Public Facilities, with cleanup of said area to be at USER'S expense. 14. Police requirements shall be determined by the Director of Parks, Recreation and Public Facilities and 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 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, bookings prisoners, etc., whichever is greater. 15. 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 times at the time of the closing of the ticket gates for the event. Said demand for payment shall apply to all ticket agencies, i.e., B.A.S.S., select -a -Seat or any other selling tickets for this event. If directed to do so, all sums necessary will be paid to the Director of parks, Recreation and Public Facilities immediately after the closing of ticket gates and when settlement from agencies will take palce. CITY shall have first rights to all advance ticket monies as well as on premise gate receipts. Such monies that are on hand as the "on premises gate receipts" shall be available for payment to additional services, accomodations, 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. "on premises gate receipts" shall be defined as all sums of money collected by USER or his agent at the stadium or at all remote ticket outlets in connection with a particular 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. 16. 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 writing and mutually signed by the duly authorized agent or agents executing this Agreement. 17. That the parties intend that his document shall be a License Agreement and that no leasehold interest is conferred upon USER. 18. I£ it becomes necessary for CITY 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. 5 of 7 19. This instrument and its 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 set forth in this Agreement are of no force or effect. 20, No amendments to this Agreement shall be binding on either party unless in writing and signed by both parties. 21. This Agreement may not be transferred or assigned by USER without the express written consent of the City Manager. IT WITNESS WHEREOF, the parties hereto have individually and through their proper corporate officials executed this Agreement the day and year first written. Attests City Clerk Attests Corporate Secretary APPROVED AS TO INSURANCE: THE CITY OF MIAMI, FLORIDA City Manager USER Fantasma Productions, Inc. Title (SEAL) APPROVED AS TO FORM AND CORRECTNESS: Insurance Manager City Attorney APPROVED AS PER DE - RTMENTAL REQUXREMENTS• Walter E. Golby, Diftw or 6 of 7 CORPORATE RESOLD 10K WHEREAS, the Board of Directors of Fantasma Productions, Inc., desires to enter into an agreement with the City of Miami for use of the BOBBY MADURO MIAMI STADIUM; and WHEREAS, the Board of Directors of Fantasma Production, Inc., has examined terms, conditions and obligations of the proposed Agreement with the City of Miami for use of the BOBBY MADURO MIAMI 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 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 wit-b the City of Miami for the use of the BOBBY MADURO MIAMI 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 Attests Corporate Secretary Signature Print or Type Name CHAIRMAN, Board of Directors By Signature EXHIBIT 1 7 of 7 Print or Type Name (SEAL) 88-411 6•]