HomeMy WebLinkAboutR-87-0994J-87-996
10/09/87
RESOLUTION NO. 87`394
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI
AND CELLAR DOOR CONCERTS, INC. FOR THE USE OF
THE ORANGE BOWL STADIUM FOR A CONCERT
FEATURING "U2" ON DECEMBER 3, 1987.
WHEREAS, the Department of Parks, Recreation and Public
Facilities has approached Cellar Door Concerts, Inc., to bring
the group "U2" to Miami for a concert in the Orange Bowl Stadium;
and
WHEREAS, an agreement with terms similar to the Genesis and
Springsteen concerts has been negotiated with Cellar Door
Concerts, Inc.; and
WHEREAS, special events such as the "U2" concert are vital to
the revenue and operations of the Orange Bowl Stadium;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
e
OF MIAMI, FLORIDA:
Section 1. The City Manager is hereby authorized to execute
an agreement, in a form acceptable to the City Attorney, between
the City of Miami and Cellar Door Concerts, Inc. for presenting
the "U2" concert at the Orange Bowl Stadium on December 3, 1987.
PASSED AND ADOPTED this 19th day of vember ,
XAVIER L. SUA EZ
MAYOR
ATT S
MATEY HIRAI, CITY CLERK
PREPARED AND APPROVED BY:
ROBERT F. CLARK
CHIEF DEPUTY
CITY
ATTORNEY
APPROV
CORRE,e
LUCIA A.
CITY ATZ
S TO FORM AND
S:
ERTY
CITY COMMISSION
MEETING OF
NOV 1E41987
919
Es MON No. -
i
'I'Iti;; I1c;Rh.P.MENT m,ldc itid vnl,oi end inter thi s eltly of
i')i,/, by acid 1)(Aw(!un tlw City elf Miiemi, a Municipal
1)1-11 .1L iun c►l tlit • SL,of Vtor. ief,t, lie t .mailer iefei red to .as
Ltit: "C ITY" tend Ce L tar Uoor Concerts, 111c. , a Florida for
4:-1 l,ut.it. tc,t, with jAS lit i tic 11,,i t off Ict: located aL 2t9U S. L. 1701
ot_tutA, Jut Le s12, FL. Ft. 3.jJL(i, telephone number
940-U22j , IIuIt! inALet Iefeile(I to as "USER".
III consluuj uLlon of Lhe cuvcnants .and agreements houreinafter
set_ forth, the, CITY doorhereby grant unto USER the privilege of
t:nLly upon or into the Municipal facility of the City of Miami
known us tits Utange: Bowl Stadium t"the: S' ADiUM") to be entered
upott (ir lnLo for the purpose of prusenting a Concert featuring
IOU-2 It, for the period commencing at 12:00 noon on Sunday, the
2'-)Llt of Novembur, 1987 and Lerininatiny not later than Noontime
on Uriday, the 4th clay of Uc;cember, 1987, The period Novem-
but
21),
1 8)
thrau(jla
DULL-mber 4,
1987,
hereinaftur shall be
known
us
Lhe
"Use:
Yc:r lod" .
'1'ht CITY
agrees
riot to schedule any
other
c:vLItS 1nc:ludirig buL not limited to groups or :tndividuais touriny
Lht-l'remises tus hereinafter defined) during the License Period.
'I'Iiu conc:elt pvrformance ("the Concert") will commence at
appL ux lmatul.y 7: UU p.m. on Thursday, December J, 19131. In the
evviiL that Lhe: Concert is rained out, USER shall hove: the option
Lo reschedule said Concert on a elate to be mutually ayreed upon
at no additional use- fee change to USER.
USER shall mean "licensee".
PKl:;HISL't1,
I. The: Stadium and field known Its the "Urany,. Bowl Stadium"
(the "SLudium"), including access tunnel, locker rooms,
rust rooms, public: address system, the scoreboard,
ticket booths, 6th Level Dress Box, a function ate:a as
Ibc(.1 i.n t;VL,Lic)II 1/ 1)(.:1.uw, adjacent pittking
ull(! :s(:cuI(rd I:00111 fol metc1l'indisiny such
sp,iuc LhaIL mtty be used by U:-Mt for all ajdminisLrattve
Liuiiur, aln(j such other f:Iujlitics of the STADIUM as
author IVud by Llio Director of. Parks, 1jecrealion and
Publ.L(: Facilities, shall be l►erein ieferred to as the
"i'L(Illl:il.:ii 1)1.Uvi(ted, tllalt f()r pulpuses hereof, the
promises sha(Ll- noL JIluiude Ole 'Third Level Dress Box and
the Fuu,. Lh ljuvcl opuraLions booths whi(.h are reserved to
the CITY fol. U La(i 1 unl uper.l L tons uttd Lhe Fourth Level
i't us s liux .
2. Uc;El: shall bu entitled, aL Ito additional cost, to the
use of at least two locker toonls with their customary
showut f-uciiiLies all al 24-huut basis throughout the
Ltc:unse Period.
U:jl'I, H1-'KEBY C.UV1NANTS AND AGREES:
s
3. To hazy the City of Miami for the use of said facility:
Seventy Thousand Dollars ($70,000.UU) maximum use fee
plus 5% ($s,50U.00) StalLe of Florida use tax for the
concert on the :trd day of December, 19tS7. A Fifteen
'I'liousand Dollars l415,000.0U) non-refundable deposit is
L:cquired and shall apply against the said use fee. Per
(:hc�c.k tfts>3U4 issued by USER, 7/Ei/t�7, CITY has received
$2,50U therefore $12,51JU shall be due upon execution and
-i
delivery of this Agreement. The balance of the use fee
plus the 5% State of Florida use tax on the total use
feu will bu Imid at the ciose of the event.
=1
4. To reimburse t11e CITY on an actual cost basis within 24
11UutS of the Conceit for expunses incurred by the CITY
fur Police, Fire, field lights, cleanup, field cover,
plywood, materials anti event staffing services requested
by USER.
Payments which cannot be determined until a later time
il
;;I►.. I I l>� I�.� i �� t� i 1_ht a t.�:►► (to) duys of Lite ddt_u an
t►►voice is aubm.1LLed Lo USER—
5. To pay Lite City of Mi,tntt. the cost of any repair,
tehabiLiLuLion of the field, subject to the limitations
in Section 28 below.
0. That all advancud stuns shaL1 be forfeited if, through
the: fault of USLI1 and within one week prior to the
Conte►: t, the C:o►icei t is cancelled c:xcef)t as provided in
Section 4U below.
7. Thu CITY reserves the right to tenwve from the STADIUM
all USER effects remain.Lng in or on the grounds of the
f._,ci lity t£tui. thu end of the License Period and to
charge a Leasonable removal and storage ice to USER, or,
if such effects prevent thu further use of the STADIUM,
to charge storage at the expense of the USER at a rate
of k'ivu Thousand Dollars (,S5,000.UU) for each day or
part of a day that said effects remain in or on the
yrounds of the STAD.LUM after the end of the License
Period.
8. 'Co provide a diayrain of the proposed event layout to the
office of Fire Prevention, 275 Northwest 2nd Street,
14i-.mi, F.Lorida and obtain fire/assembly permits required
by Section No. 19-51b of the Code of the City of Miami,
relative to fire safety, subjecL to Section 19(a) below.
File Department manpower ` requirements shall be
dete.imine:d by the Fire Department.
9. That any matters not herein expressly provided for shall
bu- at. the: dtscLetiort of the City Manager or his
designated representative, the Director of Parks,
Ruct,uution and Public Facilities.
1U. (a) USER shall indemnify and save harmless forever
the: C.LTY, and ,ill. Lite CITY's officers, agents and
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7 At
e►nployves, including i.L L police; officers and
staffing as specified in Sections 1b and 26 of this
Agreement, from ali charges or claims resulting in
any personal injury, loss of life, or damage to
prope rLy, from any act, omission or neglect,
performed in his assigned duties, by himself or his
employees. USER shall fur Cher indemnify ci'PY as to
,ill costs, reasonable attorney fees, expenses and
liabilities incurred in the defense of any such
claims and the investigation thereof pertaining to
claims on the propei ty of the Orange Bowl.
kb) The CITY assumes no ie:sponsibility whatsoever for
any property placed on the Yiemises by USER and
expressly is relieved of any ana all liability for
any loss, injury, theft_, damage or destruction of
goods, that may be sustained by reason of the
Premise's pursuant to this Agreement.
It. USER shall not discriminate as to race, sex, color,
creed, handicap or national origin in connection with
any operation under this Agreement.
12. To construct the stage: off the: Orange Bowl football
playing field and east of the east end zone. The stilge
shall noL• be-- scat on any portion of the playing field.
1.3. To provide the: C;iTY with the option to purchase at the
full Ticket Price (as defined in Section 32 below) a
►lumber of seats equal to 3% of the manifested capacity
of Sta(.liul►►.
14. To provides the Crcy wiLli 15U complementary tickets ftotn
Section Wt ).
—j THL CITY lll:REB Y COVENANTS AUD AGREES:
15. `Pleat the Premises will be operated and maintained in
good clean working order and operating condition by the
CITY during the: License Period, including by way of
illustration and not limitation: all turnstiles,
—4
i I i L►c.s, IvVaLurs, heaLit►g at►d air
eclu i pmetiL, L ights, machinery, pipes,
ny, eavc:Lrac fittings and outlets.
u£ USER, the C17'Y will provide a list of
ices, buiLdiny staff and other personnel
stage the Conceit, and the estimated
Lhur�:ut .
bate, the Cil'Y will provide, at no cost
iQLion area on the Premises for pre -Concert
!rL buffe:Ls. All expenses with respect to
beverages served at said buffets shall be
pio%,idu unimpt-,de.d .access at least 14 feet
feet wide, at no cost to USER, to the
d, for all equipment broughL• by USER and
r acts.
19. In addition, the CITY shall comply with the following
requiiements:
(a) The CITY shall use its best effort, at no cost to
USER, to assist USER in obtaining all necessary
clearances, licenses and permits for any and all
building, construction, electrical, sanitary,
business, sales, occupational and other permits or
licenses required for staging the Concert. The
c:osL of any such permits shalt be borne by USER.
(b) USER shall provide to CITY an engineered blueprint
of the stage and roof structure that will be used
for the event. This is necessary to obtain the
required building permit.
(c) USER shall have the right, at no additional cost
subject to existing contractual obligations and to
the prior consent of the CITY, to hang banners and
Otherwise accord creuit to any tour sponsor,
equipment supplier or other entity involved with
the tour.
Ck)111 I01 Of (.110 111LOULIhiI S CIlr1Ly Gel-ViCeS iI)Uide
1.11cr rumain Hit, Lusponsibil.iLy of USLR
UL Lllc'lr deslgnaLed agent, w110 shall Consult with
Lhe Direc Lur of Pdtks, Recreation and Public
P-LACIlities. USER shall poly for said internal
security services. —
(e)
CITY reptesenLs that USER may provide, at USER's
own cost, catering services for all tour personnel --
WId IAuuuction sLaff.
(f)
UbER shall ensure compliance w1Lh all necessary
union requirements (if applicable) in connection
wIL.h the personnel and services engaged for —
piesentatiuri of OILS Lonce,:L. The CITY shall use
its best effort to inform USER of the terms of any
tradu union agrelumerlL, written or oral, affecting
dl1 relevant personnel or services used in
connection with Lhe Concert, and shall assist USER
in complying with such agreements.
(g)
—1
Ali entry to the Premises, including any press
boxes, and other viewing areas, on the Concert Date
shall be by ticket only, purchased at the Full
-�
1
Ticket Price (as defined in Section 33
hereinbelow), except for employees of USER and
_j
CITY detudlly working at the Concert who have
—)
received passes issued by USER and except as
otherwise provided by this Agreement.
(h)
Access Lo the backstage areas throughout the
1
License Period shall be under the control of USER,
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to be exerciscd in a reasonable manner. The CITY
—
shall ensure that no operations of the STADIUM
1
j
E
within its control will interfere with the
I
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successful production and presentation of the
Concert. The CITY will inform, in writing, the
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87-994
reIevanL vendois .end concessionaires of this
1i►111tation o►1 their access to such areas.
(i) Control ovc:i the number and location of house
photographers and cgene ral Dress photographers
throughout the License period shall remain with
USER.
(j) USER sfial L be:
pe L wi t Led to use such trucks and
forklifts on
the STAWUM's field, its authorized by -
tale Director
of haiks, Recreation and Public -
Pacilities,
for the successful production and
presentation
of Lhe Concu-rt, in accordance: with
yuide:liries established in consultation with the -
Director of
PaLks, Recreation and Public
Facilities,
including, but not limited to,
pLocudurers to
minin►ize dam�ige to the field. _
(ki The CITY will
provide two house radios (if
avuilabie) ut
no cost to USER for use by USER's =
production and
security staff during the License
Purcod. USER
shall assume costs for said radios if
they dre damayed or not returned immediately
afteL event.
(1) Tlie CITY will
provide adequate access to the field
seating areas
for patrons at no additional cost to
USL
(m) The CITY will provide USER with up to 70 police
barricades for use during the License Period, if
required.
20. The C:iTY shall provide USER, at no additional
charge, for USER's use, the existing electric power
services at the Urunge Bowl during the License Period.
21. The CITY will use its hest efforts to prohibit resale,
uOMIterfeiting and "scalping" of tickets for the Concert
on the Premises. The tickets that the CITY is entitled
I
i
—� —7—
'w/ A
r
a
r
to lqa cl►.isu hut.Sllant to Section 13 above shell be
E�urc:h,►secl yet
thu gull.
Ticket !rice, may not
be resold
at
ei l'c ►Cu ►►i
c•xcc2:::; ol.
the ful 1. TIcKUL VL iue,
and may
riot
be used in any promotional program or sold or given to
c-any ticket brokers or :Agents without the prior written
purmission of USER.
22. The CITY will use its best efforts to ensure that no
cameras or recording devices or cans, bottles, glass,
banners, fireworks, weapons or other objects that may be
used as missiles, are allowed in the Premises.
23. The CITY will have ar► authorized representative with =
decision making authority from the Department of Parks,
Recreation and Public facilities available at all times
throughout the License Period for consultation with USER.
24. USUI shall pcovidc i seating Platt prior to the
l�iuense+ Period, for approval by the Director of Parks,
Rcc:reation and Public, facilities and the requisite
public safety officials, w►iose approval shall not be
unreasonably withheld.
25. The CITY will permit USEll and its authorized vendors
to erect novelty sales tables on the concourse, outside
the Stadium near the entry gates and on the field
subject to approval by the Fire Marshal and the Director
(if Parks, Recreation and Public Facilities Department.
THE PARTIES HEREBY MUTUALLY COVENANT AND AGREE:
26. The USER will provide all City of Miami police required
to secure the outside of the stadium, before, during,
and after the event and all City of Miami Police for
i
Traffic: Control before and after the event.
27. That the following additional provisions shall be
adhered to, subject to Section ly(a) above:
la) USER shall obtain and maintain in force for the
2
length of this Agreement, general liability
i
-s- 87--994
r
i►tsu►,inco cni i tromptc:heii Siva General. Mahility form
or an equiva Lent policy farm with at least a
Combined 8111y.Le LimiL of $1,000,UUU per occurrence -
for bodily injury and property damage liability.
In addition to premises and operations coverage,
Litt 1>oLccy or policies utilized shall be extended
to incLud` products a►ld completed operations
coverage, personal. injury liability coverage and •
contractual liability c.ove:raye sufficient to cover
the liabii-iLies assumed in this Ayre:ement. The
City of Miami is to be named as "Primary Additional
Insuied" on all policies, as supplied by USE:R's
insurance corLificate.
The Department of Parks, Recreation and public
Facilities, IJ90 N.W. 7
Street, Miami,
Florida
3J125. (305) 579-b9UO, requires
a certified copy of
said policy as soon as
possible. Any
questions
reyarding insurance sl►ould be
directed
to Nancy
iiahn, insurance M,►nager,
City
of Miami
General
Services Administration,
IJ90
N.W. 20
Street,
Miami, FL J3142 (j(J5) 579-674U.
The intent of this Section 27(a) is that USER
provide primary insurance protection to the CITY in
the event of any loss arising out of perils or
liazards covered by the required policy or policies.
(b) The CITY shall furnish, at no cost to USER, its
normal and customary event parking spaces for the
public, limited by the fulfillment of CITY's
i
obligations pursuant to subparagraph (e) of this
section, and adequate personnel to roan such parking
f"cilities, at locations convenient to the
Premises.
r
(c:) The CITY shall provide, immediately adjacent to
4
-9-
the STAIAUN, J'/,UUU square feet of tale L-1 Parking
LUL, at no ad(IiLiontil cost to USER. if USER =
decides to utilize said portion of the R-1 Parking
Lot, USER will be responsible for security of same.
(d) The CITY warrants rind represents Lhat it shall
arrange for and implement its customary parking and
traffic pILM for events of this size anti nature and -
will be solely responsible for the costs of such
aiianguinent and implemcriLation. -
ke) The CITY agrees Lhat charges Lo the public for
P11.kiliy on its pj.upelly sltali riot exceed the usual -
and customary cr►dr(jes for such parkiny. As between
thu C:1'rY and USLR, the CITY sliall, be entitled to
iUU% of all gross receipts from parking charges. -
(f) USL•'R will provide anti install ail staging and
props, including special lighting, etc., at its own
expense. -
(g) U!;ER agrees to provide, at its own expense,
portable toilet facilities in a number to be
reasonabiy determined by Director of Parks,
Recreation and Public Facilities for use prior to,
duL my anti of tur event.
(li) USER agrees to include in all advertising for the
Concert in the facility Lhat bottles, cans, glass,
weapons, btinners, fireworks, cameras and recording
devices may not be brought into the facility.
(i) Ticket sellers, takers and ushers are the responsi-
bility of USER.
t]) USER agrees to begin to tear down its equipment
immediately after the Concert has ended.
(kj A maximum dttendanLe- of 80,000 (including field
and stadium seats) will be permitted. Ten thousand
general admission field tickets may be: used and no
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8'7-994
moie.• t11.111 le►► thousand pursuns shill L bu permitted
un livid. USER shall supply ample security to
maintain this limit.
I1) Gates shall be opened three (:3) hours prior to
show time. nil advertising sha L1 indicate gate
opening time. The Director of Parks, Recreation
and Public: facilities reserves the right to open
gates or adjust gate opening time as lie deems
appropriate based on crowd control and conditions,
after consultation with the USER.
(m) The CITY has all concession rights for food and
beverages and has contracted for the operation of
thu concessions for the sale of all food and
beverages sold al the Premises. Prices shall not
jbe; in excess of those customarily charged at the
Premises. The CITY will use its best efforts to
el prohibit food or beverage hawkers on the field
after 8:UO p.m. No Alcoholic or malt beverages of
any kind shall be: sold in the Premises, except in
the private suite or club areas.
(n) The CITY will grant to the USER the merchandising
rights to sell programs, novelties and other items
limited to T-Shirts, buttons, hats, other apparel,
records, tapes, photographs referring to U-2. USER
agrees to pay to the C.LTY $t.00 per ticket sold
plus 5% State of Florida use tax based on fee paid
to CITY.
(a) The Cl'1*Y will use its best efforts to prohibit the
unauthorized sale or distribution on the Premises
of novelties or other items not licensed by U-2.
1p) USER agrees that it has no food or beverage
concession rights during the duration of this
Agreement.
(y) U6ER will provide to the CITY a copy of the
i blanket BMi and/or or ASCAP license which it has
-11-
uhta i ncc# iu c ont►eu Lion wi Ll► Ole U-1. Tout. USER
r.upresc.t►Ls and warl.anLs thaL all BMl dnd ASCAY fees
foi Lite Concert will be paid by USER and further
09tues to indemnify and hold the CITY harmless from
„Ity -IIA '111. clalttts, losses, or expenses inc.Urred
wi Lli reyald thure-Lo.
2b. USER agrees to leavo �5U,000 on deposit with L-he City
fot a period of 24 hours after the conclusion of the
cone ui L its
-t dul)osi L against
damayus to
the flaying
surface.
Within the 24
hour period
immediately
following the concerL, USER and the Director of Parks,
Recreation and Public Facilities, or }►is designee, will
irtspuct the Playing sut f ac e- for said damaye. i f damage
is found, the City will retain the above mentioned
dupusit until all field retails are completed.
USLK agrees that they shall be liable for damaye to the
playing surface, such liubitity not to exceed $50,000.
iy. USER agrees to install and remove at its expense a
c eoLc:xcilu field covering anti plywood, which the CITY
shall rent Lo USER, sufficient in size to cover the
etttire grass sut.fdce urea of the playing field. The
field covering will be put in place prior to the Concert
daLe and will be immeuiately removed at the end of the
Concert date. The installation of said covering shall
be coordinated with the Director of Parks, Recreation
i
and Public Fdciiities.
3U. U:,LR agrees
to furnish,
install
and
remove,
at their
expanse, Lhe
geotextile
covering
the
football
playing
fIeiu.
:31. WAR shall supply and distribute wrist bands to all
field ticket holdc:rs. if CITY supplies said wrist
bonds, WE:R will be xesponsibie foi this cost.
J2. Setup and installation as provided in Sections 29 and
JU 4buve shall not exceed 8U hours prior to Concert.
1
_ -12-
8%-9-94
Humov..,i ns laiovided in Sec.L1ons- 21) and 30 shall not -
vxcuuo 19 hours ct [ Le:r Lhe end of the Concert.
3s. Tic.kuL prices to tice Concert will not exceed N20.0O
(which is inclusive of all applicable taxes) Iglus any
applicable survic:u c;horge (which charge shall not exceed
41.75 pear Lic:ke.-t) . The aggregate sum which shall not -
excc:ud $21.75 shall b(: clufined as the Ful TickeL• Price.
All ticket l),.iUes will be for specified seats and there '
w.i ll be, no yenearal. admLssion tic:kuLs suit].
,,4. The CITY shall have no i.nterust or right with respect to
any anc:iilary tights or assets arising out of the
Concert, including, without limitation, any motion
picLuLO, radio or televisionn broadcasting rights, any
merchandising rights or any corporate sponsorship. -
During the License Pet iod, the C;iTY shall permit USER to
enter the Premises and conduct any ancillary rights -
activities at no cult, including without limitation,
any filming, taping, recording or similar activities
performed by USER in connection with the Concert. If
the Concert is to be recorded by any visual medium, the
words "Orange Bowl Stadium" must be displayed and
mutually agr e;ed upon by USLR, the group U-2 and the
CITY. Approval from CITY must be obtained prior to
1vovember 1, 198*/ .
The CITY will cooperate with USER in connection
with any such activity, provided, any cost or expenses
of CITY in connection LherewiL•h shall be borne by USER.
j5. (a) Subject to guidelines mutually established in
advance of the concert date, USER shall have the
right at all times to control that portion of the
Premises used for the production and presentation
of she Concert, including without limitation, all
inteinat security matters and personnel; to enforce
all necessary and proper rules for the management
and ol)cvat ion of
the
Premises slut ing
the License
t'eriocf; and for
its
authorized representatives to
e titer all portions
of the Premises
used for the
production and
presentation of the
Concert at
anytime rind un
tiny
occasion during
the hicense
[lei i0d.
(b) final decision -making power as to any matter
LelaLing to the production and presentation of the '
Concert shall be with USER.
kc) Notwithstanding auythir►g in this Agrement to the
c:onLrdry, noth.Ln(j herein shall interfere with
CITY's right to take any necessary action to
protect public: sdfuLy.
36. No video or sound feed shall be provided to any press
box or luxury suite or box or any other area of the
Premises without the express prior permission of USER.
37. The CITY hereby grants, itt no cost to USER, full
access and control to USER to Box office Number Eight
and ale drop boxes [used to deposit torn tickets) at the
Premises on the: Concert Date.
3b. U6ER may, subject to Any governmental regulations
or direction of a public officer or to the reasonable
discretion of thu UiiecLor of Parks, Recreation and
Public Facilities, direct the opening and closing of
entrunc:es and exits during the License Period. All
materials and equipment shall be brought into or removed
from Premises only at entrances and exits designated by
CITY. Notwithstanding anything herein to the contrary,
this Agreement shall not limit the CITY or STADIUM
officials or CITY STADIUM tenants in the use of their
offices nor interfere with the normal operation of the
STADIUM, provided that such operations do not interfere
with the successful production and presentation of the
Concert.
j
} -14-
�'7-994
39. L• iCi►
i)ctt Ly vL!ptvscnLs to the utiket thin it hc►S the -
power
Lo enter into this Agreement and to grant and
,►ccui)L
Like l icc tisu hvtvin yrunted aukd accepted, as the
case
may be, and that the consent of no other person or
entity
(governmental or otherwise) is required in
connection
therewith, except as otherwise provided in
this
Agreement. atul tYk�tt this Agreement constitutes a
'
valid
and binding obligation of such party, enforceable
against
such patty in accordance with the terms hereof.
40. (it)
If, throuyik no fault of the CITY, the Premises or
any part thereof shall be damaged, destroyed or -
rendered unusable by fire or other casualty or
unforeseen occurrence to the extent that it is -
'
cknsafe or impossible to hold the Concert on the -
l'rc:misus, of if thurc exists it public emergency
rendering performance of this Agreement by the CITY
=!
=i
or USER impossible, ittcluditty, without limitation
-
-E
—}
the requisitioning of the Premises by the United
t
States, the State of Florida, or any other
jauthority,
this Agreement shall terminate with
respect to any .such Concert as may be thereby
affected, without any liability of either party to
the other except as provided in this Section J9.
1
In any such event, USER shall not be liable for M
_
any use fee (ii) any expenses referred to which
have not been irrevocably incurred with respect to
s
arty such Concert which is not so performed.
(b)
In the event the Concert is cancelled for any
rc.usort, including but not limited to the reasons
set forth in Section 39(a) hereinabove, USER shall
be liable to the C.LTY for actual costs incurred
-
pursuant to Section 4 hereinabove which have been
irrevocably incurred in connection with hosting the
_s
C(AIL-er1 L t►ut_ sha L 1 noL I)e 1 table to the CITY for any
losL l)rofits or c:onsuquenLiul damages of the CITY.
4t. 11'11e CITY, Lhrouyli Lhe Dit ec:Lor of Parks, Recreation and
Public Facilities, at its sole option tind discretion,
sljall be er►LLLleci to dcmMIt►d ful.l. payment for any unpaid
use fee and/or expenses incurred by USER at the close of
the o_vQnt.
UbI:R gianLs to the CITY the iirst right of claim to be:
paid from all monies that are on hand such as "on
premises gate: receipts" or all monies held by U6ER's
ticket sales agency for i:eny unpaid use fee, expenses,
addtLional services, accommodations, materials
furnished, cost of repair, rehabilitation, damage
correction, undjor replacement or restoration of
premises as a consequence of the presentation of the
uvunL. The Director of Parks, RUCLeation and Public
Facilities shall be entitled to collect all such funds
due the C.LTY and the CITY shall be paid pi for to payment
of any other bills or sums of money owed by the USER.
USLR agrees that any agreement entered into by the USER
with a ticket sales agency or agencies will include the
ayency's recognition that the CITY has first right of
claim, and the CITY is to be paid from any and all
munie:s meld by the said ticket agency. "on premises
gate receipts" shall be defined as all sums of money
collected by the USER or his agent in connection with
the "U-2" concert.
42. The C.LIfI w111 allow a credit of up to 20% of the use
fee described in Section J to apply to any cost of
services rendered by the CITY. Said amount of rent
credited shall be determined by the Director of Parks,
Recreation and Public: Facilities.
43. This Agreement shall not be deemed or construed to
-16-
57--990*
cru.iLu tuiy clyulic'y L-elrltiot)0,11.11) ()t joint venture between
1_11e CITY and 0141-It.
44. U:1luss otherwise providud herein to the contrary, all
notices tequired under this Agreement shall be deemed to
be given when Band-de.tiveted (with reLeipt therefor) or
mailed by RegisLered or Certified Mail, and addressed:
AS TO USER: AS TO THE CITY:
Cellar Door Concerts, Inc. Walter E. Golby, Director
219U S.L. Oth Street Parks, Recreation and
Suite 312 Public Facilities
Ft. Lauderdale, FL 33316 IJ90 N.W. 7 Street
Miami, FL 33125
45. This Agreement may not be transferred or assigned by
U6ER without the express written consent of the CITY.
46. This Agreenent constitutes the sole and entire Agreement
between the parties hereto; no alteration, amendments or
modifications shall be valid unless executed by an
instrume:it in writiny signed by both parties.
4/. 1f it becomes necessary for the CITY to instiLutt
proceedings to collect Any ninnies due it by USER, USER
agrees to pay any and all reasonable attorney's fees and
costs expended in the coliec:tion thereof.
48. This agreement will be construed according to the laws
of the State of Florida.
1U WITNESS WHEREOF, the parties hereto have individually and
through their proper corporate officials executed this Agreement
the: day and year first above written.
Attest: CITY OF MIAM1, a Municipal
Corporation of the State of
Florida
BY
nutty ►Iirai Cesar H. Odio
City Clerk City Manager
:4
AI 1.us1 :
APPRO1'ED AS TO INSUIUWCE:
C4SITFiD L:L'' W%NAGER
vl2gLRAL SL;RVICES
ADHiNISTRATIUtJ
USLIt. c uliaL Door Concerts, inc:.
a Florida for profit
corporation
BY
Signature
Title
Fedurai ID# (SEAL)
APPROVED AS TO FURM AND
CORRECTNESS :
LUCIA A. DUUGIIERTY
CITY ATTORNEY
3
COUPORAT11 RESOLUTION
W11EHLAS, -Cellar Dnar ConrerLq desires
to -:,nter into an agreement With the City of Miami for use of the
Orate Bowl Stadium ; and
WIIbU AS, the Board of Directors of Cellar boor Concerts
has E`xininined terins, conditions and
obt iyations of the proposed contract with the City of Miami for
use? :)f the Orange Bowl Stadium ; and
Wlil•,121;AS, thv Board of Directors at a duly held corporate
men_•'. i n,3 has considered the matter in accordance with the By -Laws
of they corporation;
HOW, THEREFORE, BE IT RESOLVED 13Y THE HOARD OF DIRECTORS of
Cellar Door Concerts that the President( )
or Vice-president( ) other ( ) (please check one) is hereby
authorized and instructed to enter into a contract in the name of
and oil behalf of this corporation
with the
City of Miami for
the
use of the _-Orange Bowl 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:
Cori orate Secretary Signature
Print or Type Name
CHAIRMAN, Board of Directors
!3y
(Signature)
EXHIBIT 1
Print or Type Name
(SEAL)
1p/86
87-994
CITY OF MIAMI. FLORIDA 14
INTER -OFFICE MEMORANDUM
TO. Honorable Mayor and Members DATE: 14OV 41987 FILE:
of the Commission —
SUOJECT: Resolution Approving "U2"
Concert Agreement
Cesar H. Odi
FROM: REFERENCES:
City Manayer.
ENCLOSURES:
RECOMMENDATION:
It is respectfully recommended that the City Commission adopt the
attached resolution authorizing the City Manager to execute a
stadium use agreement with Cellar Door Concerts, Inc., for the
"U2" concert to be held December 3, 1987, at the Orange Bowl
Stadium.
BACKGROUND:
The Department of Parks, Recreation and Public Facilities has
negotiated with Cellar Door Concerts, Inc., to bring the group
"U2" to Miami for a concert in the Orange Bowl. Cellar Door has
agreed to a December 3, 1987 concert, subject to their receiving
the same terms they had as promoter of four previous concerts
including Madonna and Springsteen. The Department of Parks,
Recreation and Public Facilities drafted the attached agreement
for the upcoming concert, which stipulates a stadium use fee of
$70,000. The promoter will be given a credit of up to 20% of
said use fee for the cost of services rendered by City. The
Department is projecting the following revenues for the concert:
Stadium Rental
Less 20% Services Credit
Parking
Concessions, Food & Beverage
Concessions, Novelties
Total
Attachments:
Resolution
Agreement
I
$70,000
(14,000)
10,000
48 v 000
50.000
$164,000