HomeMy WebLinkAboutR-87-07728�171)8876
RESOLUTION NO.
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, tNC. FOR THE. USE OF
THE ORANGE BOWL STADIUM FOR A CONCERT
FEATURING DAVID BOWIE ON SEPTEMBER 18, 1987.
WHEREAS, the Department of Parks, Recreation and Public
Facilities seeks to bring increased special events and programs
to the City of Miami's stadium facilities since the departure of
the Miami Dolphins; and
WHEREAS, Cellar Door Concerts, inc. has agreed to bring a
major concert featuring David Bowie to the Miami Orange Bowl
Stadium instead of to Orlando; and
WHEREAS, the promoter has requested certain considerations
for rental payments and minimum guarantee requirement for the use
of said stadium for the concert; and
WHEREAS, it is estimated that the City may achieve revenue in
of
excess/$200,000 for this concert under the terms of the proposed
contract; and
WHEREAS, the City Manager and the Director of the Department
of Parks, Recreation and Public Facilities recommend that
proposed contract be executed subject to the review and approval
of the City Attorney;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The City Manager is hereby authorized to execute
an agreement, in a form acceptable to the City Attorney, between
the City of Miami and Cellar Door Concerts, Inc. for the use of
the Miami Orange Bowl Stadium for a concert featuring David Bowie
on September 18, 1987.
CITY COMMISSION
MEETING OF
SEP 8 1987
RESOLUTION No,
REMARKS:
PASSED AND ADOPTED this _8th day of September# 1987
XAVIER t. S EZ
MAYOR
ATTEST
MATTY HIRAI, CITY CLERK
PREPARED AND APPROVED BY:
I
ROBERT F. CLARK
CHIEF DEPUTY CITY ATTORNEY
APPROVED ,ffS TO FORM AND CORRECTNESS:
CIP A. DOU?oHER
TY ATTORNE
—2—
& 12
M" Of tulli►Mi, ft,$l4ibA
NTtR4PPICE MtMORANDUM
t�. Honorable Mayor and
Members of the it CothmiAsion
Cesar 46 Odio
City Manager
RECOMMENDATION:
bdtE AU 0 3 11987 tlLt
suftiEct Proposed Agreement/
Resolution: Door
-David Bowie Concert
REf ERENCM
ENCL69Uktt:
It is respectfully recommended that the City Commission adopt the
attached resolution authorizing the City Manager to execute an
agreement with Cellar Door Concerts Inc. for the use of the Miami
Orange Bowl Stadium for a concert featuring David Bowie on
September 18, 1987.
BACKGROUND:
The Department of Parks, Recreation and Public Facilities has
diligently pursued major special event promoters to bring such
activities to City of Miami facilities. The Department has
successfully negotiated with Cellar Door Concerts, Inc. to bring
David Bowie to Miami instead of Orlando, where he was previously
booked. The concert is scheduled for September 18, 1987 at the
Orange Bowl.
In return for changing the concert's national tour arrangements
for the City of Miami's benefit, it is recommended that certain
considerations be given to the promoter concerning City
admissions tax and minimum charges for rent. The proposed
agreement calls for a minimum guarantee of. $2500 and 20% of the
promoter's gross ticket sales receipts (after taxes) above
$450,000 and up to $1,000,000, and 10% thereafter. Based on the
broad popularity of this performer, we may recoup $110,000 in
revenue from the rental arrangement, and an additional $91,000 in
various concession revenues, for a total revenue of $201,000 for
the concert, as follows:
Estimated Revenue
Rent (attendance $50,000) $110,000
Novelty Concessions 50,000
Food, Beverage Concessions 35,000
Parking Concessions 6,000
$201,000
0
Hdhorable Mayor
Metfibers of the
Page 2
and
City CoMissiun
This agreetnenti along with those previously approved for novelty
rebates, has heightened the City of Miami's reputation as a inajor
concert venue, and we anticipate a continual increase in the
number of shows to be presented at City stadiums,
2
USE AGRtEMENT
CITY OF MIA11,9I, FLORID,;
THIS AGREEMENT made and entered into this day of
August, 1987, by and between the City of Mi�:rii, a P;unici1�,31
Corporation of. the State of Florida, horeinafter referred t:_) as
the "CITY" and Cellar boor Concerts, Inc., a corporation with
its principal office located at 2190 S.E. 17th Street_, Suite 12,
1--'t. 1,;iuderdaIe, F1 33316, t of ophone nun&er (3u,-)) Q4U-u22 3 ,
hereinafter referred to as "USER".
R E C I T A L:
in consideration of the covenants and agreements hereinafter
set forth, the CITY does hereby grant unto USER the privilege of
entry upon or into the Municipal facility of the City of Miami
known as the Orange Bowl Stadium ("the STADIUM") to be entered
upon or into for the purpose of presenting a Concert featuring
"DAVID BOWIE", for the period commencing at 12:00 noon on
Tuesday, the 15th of September, 1987 and termin,iting riot later
than 8:00 a.m. on Tuesday, the 20th day of September, 1987. The
period September 15, 1987 through September 20, 1987, hereinafter
shall be known as the "License Period". The CITY agrees riot to
schedule any other events including but not limited to groups or
individuals touring the Premises (as hereinafter defined) during
the License Period. The: concert performance ("the Concert") will
commence at approximately 8:00 p.m. on Friday, September 18,
1987. In the event that the Concert is rained out, USER shall
have the option to reschedule said Concert on another date to be
mutually agreeable at no additional use fee charge to USER.
Sr-A1 -74' 2
USER shell mean "licensee",
PREMISES
1. The :stadium and field known as tht: "Or::tinc- Bow! St;vc l .ln"
(the "Stadium"), including access tunnel, loc};Er moms,
rest rooms, public address system, the scoreho-,.rd,
ticket booths, 5th Level Press Lox, a f.utiction iirca as
described in Section 17 below, ll<;jzicent pr.,r l;ing
facilities, one secured room for merchandising and, and
space that may be used by USER foi a dmieii.st.ri,tive
trailer, and such other facilities of the STADIUM as
authorized by the Director of Parks, Recreation and
Public Facilities, shall be herein referred to as the
"Premises"; provided, that for purposes hereof, the
Premises shall not include the Third Level Press Box,
the Fourth Level operations booths which are reserved to
the CITY for Stadium operations and the Fourth Level
Press Box.
2. USER shall be entitled, at no additional cost, to the
use of at least two locker rooms with their customary
shower facilities on a 24-hour basis throughout the
License Period.
. at.»ram .tran ran al r —17 %IT V MC- AkT" Tlancnc
3. To pay the City of Miami for the use of said facility:
Twenty percent of ticket sales from $450,001 (after
State sales tax) to $1,000,000 (after State sales tax)
and ten percent of ticket sales over $1,000,600 (after
State sales tax). CITY has received from USER, check
#13804 dated 7/6/87 in the amourit of $2,500 as a non-
refundable deposit which shall apply against said use
fee. The balance of use fee (if any) plus the 5% State
of Florida use tax on the total use fee will be paid at
the close of the event.
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4: Tc� reimburse the CITY on ah actu:cl cast b,:sia within 24
bouts of the Concert for expenses incurred by the CITY
for Police* Fire, field lights, clt�anup, field covor,
plywood, materials and event staffing services requested
by USER.
Payments which cannot be determined until a 1.3ter time
shall be paid within ten (10) days of the date an
invoice is submitted to USER.
5. To pay the City of Miami the cost of any repair,
rehabilitation of the field, subject to the limitations
in Section 28 below.
6. That all advanced sums shall be forfeited if, through
the fault of USER and within one week prior to the
Concert, they Concert is cancelled except as provided in
Section 40 below.
7. The CITY reserves the right to remove from the STADIUM
all USER effects remaining in or on the ground of the
facility after the end of the License Period and to
charge a reasonable removal and storage fee to USER, or,
if such effects prevent the further use of the STADIUM,
to charge storage at the expense of the USER at a rate
of Five Thousand Dollars ($5,000.00) for each day or
part of a day that said effects remain in or on the
grounds of the STADIUM after the end of the License
Period.
8. To provide a diagram of the proposed event layout to the
Office of Fire Prevention, 275 Northwest 2nd Street,
Miami, Florida and obtain fire/assembly permits required
by Section No. 19-516 of the Code of the City of Miami,
relative to fire safety, subject to Section 19(a) below.
_ Fire Department manpower requirements shall be
determined by the Fire Department.
9. That any matters not herein expressly provided for shall
be at the: discretion of the City Manager or his
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designated representative, the Director of Parks,
Recreation and Public Facilities.
10. (a) USER shall indemnify and nark harmless forever
the CITY, and all the CITY's officers, agents and
employees including al.1 hoIice officers and
staffing as specified in Sections 16 and 26 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,
performed in his assigned duties, by himself or his
employees. USER shall further indemnify CITY as to
all costs, reasonable attorney fees, expenses and
liabilities incurred in the defense of any such
claims and the investigation thereof pertaining to
claims on the property of the Orange Bowl.
(b) The CITY assumes no responsibility whatsoever for
any property placed on the Premises by USER and
expressly is relieved of any and all liability for
any loss, injury, theft, damage or destruction of
goods, that may be sustained by reason of the
Premises pursuant to this Agreement.
11. USER shall riot discriminate as to race, sex, color,
creed, handicap or national origin in connection with
any operation under this Agreement.
1.2. To construct the stage off the Orange Bowl football
playing field and east of the east end :gone. If the
stage is to be set on the playing field, this area m«st
be protected with plywood and any other materials as
determined by the CITY's Grounds and Turf Manager.
13. To provide the CITY with the option to purchase at the
Full Ticket Price (as defined in Section 32 below) a
number of seats equal to 3% of the manifested capacity
of Stadium.
4
14. To provide the City with 15n c•oml)l#.-,mc_rjtar;✓ tir:},its from
Section 103.
THl CATY HEREBY COVENANTS AND ACRE ES .-
la. That the Premises will lie operated anr: tnr,int3iner3 in
good clean working order and operating c:onuition by the,
CITY during the License Period, inCl.uding by way of
illustration and not limitation: �i1.1 turnstiles,
painting, utilities, elevators, heating and air
conditioning equipment, lights, machinery, piles,
plumbing, wiring, electric fittings and outlets.
16. At the request of USER, the CITY will provide a list. of
facility services, building staff anci other personnel
required to stage the Concert, and the estimated
aggregate cost thereof.
17. On the Concert bate, the CITY will. provide, at no cost
to USER, a function area on the Premises for pre -Concert
and post -Concert buffets. All expenses with respect to
the foods and beverages served at said buffets shall be
paid by USER.
ld. The CITY will provide unimpeded access at least 14 feet
high and 20 feet wide, at no cost to USER, to the
Stadium's field, for all equipment brought by USER and
or their act or acts.
19. In addition, the CITY shall comply with the following
requirements:
(a) The CITY shall use its best effort, at no cost to
USER, to assist USER in obtaining ill necessary
clearances, licenses and permit-s for any and '.Ill
building, construction, electrical, sanitary,
business, sales, occupational and other permits or
licenses required for staging the Concert. The
cost of any such permits shall he borne by USER.
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(},) USER shall provide to CITY .-in engi nec•red l,lueprint
of the stage + roof structure tivit will be used for
the evicent. This is necess.+ry to obtain the
required building permit.
(c) USER shall have they tight, at- no i,kid i t iona l -.-ost
subject to existing contractual obligations anu to
the prior consent of the CITY, to Ilr:ing b.lnners in(!
otherwise to accord credit to uny tour sponsor,
equipment supplier or other entity in olveu with
the tour.
(d) Control of the internal security services inside_
the STADIUM shall remain the responsibility of USER
or their designated agent, who shall consult with
the Director of Parks, Recreation and Public
Facilities. USER shall pay for said internal
security services.
(e) CITY represents that USER m.,y provide, at no
additional cost to USER, catering services for all
tour personnel and production staff.
(f) USER shall ensure compliance with all necessary
union requirements (if applicable-) in connection
with the personnel and services engaged for
presentation of this concert. The CITY shall use
its bust effort to inform USER of the terms of any
trade union agreement, written or oral, affecting
all relevant personnel or services used in
connection with the Concert, and shill assist USER
in complying with such agreements.
(g) All 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
Ticket Price (as defined in Section 32
hereinbelow), except for empIoyces of USER and
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CITY actually wcal;inq at. 4-1,o Cot1c-_2rt wlcc 1„jve
received passes issued by ('SER oxce1)t -is
otherwise-, provided 1-�y this Agrot,;-:,onf .
(h) Access to the backstage aret:s throughout the
License i.'eriod shall bi" Ulldel- the c.Cntrol of :.`:')ER,
to be exercised in a reasonable manner. The CITY
shall c n s u r e that no vperat ions of the STADIUM
within its control will interfere with the
successful production anct presentation of t11e
Concert. The CITY will inform, in writing, the
relevant vendors :and concessionaires of this
limitation on their access to such areas.
(i) Control over the number and location of house
photographers and getie ra1 press photographers
throughout the License period shall remain with
USER.
(j) USER shall be permitted to use such trucks and
forklifts on the STADIUM's field, as authorized by
the Director of Parks, Recreation and Public
Facilities, for the successful production and
presentation of the Concert, in accordance with
guidelines established in consultation with the
Director of Parks, Recreation and Public
Facilities, including, but not- limited to,
procedures to minimize damage to the. field.
(k) The CITY will provide two house radios (if
available) at no cost to USER for use by USER's
production and security staff during the License
Period. USER shall be responsible for said radios
if they are damaged or not returned immediately
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r
i
after event.
(L) The CITY will provide ndc�gi�.�tc r;ccess to th lielci
seating ateas for patrons at it(-) additional cost to
USER.
(m) The CITY will
Provide USLIZ
with up to
7l7 poI ice
barricades for
use curing
the License
Period, if
required.
20. The CITY shall provide USER, at no a6ditionaI
charge, for USER's use, the existing electric bower
services at the Orange Bowl during the Licensc Period.
21. The CITY will use its best efforts to prohibit resale,
counterfeiting an(] "scZ,lping" of tickets for the Concert
on the Premises. The tickets that the CITY is entitled
to purchase pursuant to Section 13 above shall be
purchased at the Full Ticket Price, may not be resold at
a price in excess of the Full Ticket Price, and may not
be used in any promotional program or sold or given to
any ticket brokers or agents without the prior written
permission 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, will be allowed in the Premises.
23. The CITY will. have an authorized representative with
decision making authority from the Department of Parks,
Recreation and Public Facilities avail1;lAc? rct �jl.l times
throughout. the License Period for consultation with
USER.
24. USER shall provide a seating plan prior to the
License Period, approved by the Director of Parks,
Recreation and Public Facilities and the requisite
public safety officials whose approv;A 1 shall not be
uiiI wit ilhold.
8 7' 7,12-
25. They CITY will. permit USLf2 and its authorized ven(3ors
to erect novelty sales tables on the concourse, outsi�3e
the Stadium near the entry gates and on the field
subject to approval by the Fire Marshal and the Director
of Parks, Recreation and Public Facilities.
THE PARTIES HEREBY MUTUALLY COVENANT AND AGREE.,
26. The USER will provide all City of Miami police required
to secure tile outside of the stadium, before, during,
and after the event and all City of Miami Police for
Traffic Control before and after the event.
27. That the following additional provisions shall be
adhered to, subject to Section 19(a) above:
(a) USER shall obtain and maintain in force for the
length of this Agreerent, general liability
insurance on a Comprehensive General Liability fora
or an equivalent policy form with at least a
Combined Single Limit of $1,000,O00 per occurrence
for bodily injury and property damage liability.
In addition, to premises and operations coverage,
the: policy or policies utilized shall be extended
to include products and completed operations
coverage, personal injury liability coverage and
contractual liability coverage sufficient to cover
the liabilities assumed in this Agreement. The
City of Miami is to be named as "Primary Additional
Insured" on all policies, as supplied by USER's
insurance certificate.
The Department of Parks, Recreation and Public
Facilities, 1390 N.W. 7 Street, Miami, Florida
9 -
33125, ,( 305 ) _579-0900* _requires i cert i f ied`cropy cf
said policy as soon as possible, Any qutsticns
regarding insurance should be directed to Noncy
Bahn, Insurance Manager, City of iliaani Gf.ncrraI
Services Administration, 1390 N.W. 20 Strt_et,
Mirami # liL 33142 (3U5) 579=674u .
The intent of this Section 27(a) is that USER
provide primary insurance proLection to the ClTY in
the event of any loss arising out of hcrils or
hazards covered by the required policy or polici,-.s.
(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
obligations pursuant to subparagraph (e), and
adequate personnel. to man such parking facilities,
at locations convenient to the Premises.
(c) The CITY shall provide, immediately adjacent to
the STADIUM, 37,000 square feet of the E-1 Parking
Lot, at no additional cost to USER. If USER
decides to utilize said portion of the E-1 Parking
Lot, USER will be responsible f01- Su"Urity of slime.
(d) The., CITY warrants and represents that it sha11
arrange for and implement its customary parking and
traffic plan for events of this size and nature and
will be solely responsible for the costs of such
arrangement and implementation.
(e) The CITY agrees that charges to the public for
parking on its property shall not exceed the usual
and customary charges for such parking. As between
the CITY and USER, the CITY shall he entitled to
100% of all gross receipts from harking charges.
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f) USER will provide: and
install
a!]
staging
and
props, including special
lighting,
t.!tc.,
at its
r-)wn
ei:pehse .
(g) USER agrees to provide, at its own E"xl)ensc,
portable toilet facilities in a number to be
reasonably determined by Dizec:tor of Parks,
Recreation and Public Facilities for use prior to,
during and after event..
(h) USER agrees to include in all advertising for the
Concert in the facility that bottles, cans, glass,
weapons, banners, fireworks, cameras and recording
devices may not be brought into the facility.
(i) Ticket sellers, takers and ushers are the responsi-
bility of USER.
(j) USER agrees to begin to tear down its equipment
immediately after the Concert has ended.
(k) A maximum attendance of 75,000 will be permitted.
(1) Gates shall be opened 3.00 hours prior to show
time. All advertising shall indicate gate opening
time. The Director of Parks, Recreation and Public
Facilities reserves the right to open gates or
adjust gate opening time as he deems appropriate
Lased 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
the concessions for the sale of all food and
beverages sold at the Premises. Prices shall not
be in excess of those customarily charged at the
Premises. The CITY will use its best efforts to
prohibit food or beverage h,►wker. s on the field
after 8; 00 p.m, No alcoholic or m<i l t beverages of
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8r —70i 2
28.
any kind shall be sold in the except in
the private suite or club areas.
( n ) The CITY will grant to the USER the mer. c_hand i sing
rights to sell programs, novelties and other items
limited to T-Shirts, buttons, hats, other apparel,
records, tapes, photographs referring to DAVID
13OWIt. USER agrees to pay to the CITY $1.00 per
ticket sold plus 5% State of Florida use tax based
on fee paid to CITY.
(o) The CITY will use its best efforts to prohibit the
unauthorized sale or distribution on the Premises
of novelties or other items not licensed by DAVID
BOWIE.
(p) USER agrees that it has no food or beverage
concession rights during the duration of this
Agreement.
(q) USER will provide to the CITY a copy of the
blanket BMI and/or or ASCAP license which it has
obtained in connection with the DAVII) BOWIE Tour,
represents and warrants that all BMI and ASCAP fees
for the Concert will be paid by USER and further
agrees to indemnify and hold the CITY harmless from
any and all claims, losses, or expenses incurred
with regard thereto.
USER agrees to leave $50,000 on deposit with the City
for a period of 24 hours after the conclusion of the
concert as a deposit against damages to the playing
surface. Within the 24 hours period immediately
following the concert, USER and the Director of Parks,
Recreation and Public Facilities or his designee will
inspect the playing surface for said damage. If damage
is found, the City will retain the above mentioned
deposit until r111 field repairs :iro completed.
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01*117
QC-00%
US1�R agrees that they shall be I i able for damp-ig,� to the
Playing Surface, such liability riot to t.xcned
29. USER agrees to install and removr� at its expenst:-� a
geotextile field covering and plywood, which the CITY
shall rent to USER, sufficient in siz_� to cover the
entire grass surface area of the praying field. The
field covering will be put in place prior to the Concert
date and will be immediately removed at the end of the
Concert date. The installation of said covering shall
be coordinated with the Director of Parks, Recreation
and Public Facilities.
30. USER agrees to furnish, instill and remove, at their
expense, all chairs, signage to denominate each field
seating section, and 4' and 8' plywood aisles which will
be placed on the geotextile covering the football
playing field. The 4' x 8' plywood aisles and chairs
will be put in place to the satisfaction of the City of
Miami Fire Department and Director of Parks, Recreation
and Public Facilities and will be immediately removed at
the end of the Concert and prior to the removal of the
stage and other equipment. USER shall supply plastic
cable ties or other approved means to secure the chairs.
All chairs on the field must have seat numbers for easy
identification. Cost of labels and labor shall be
responsibility of USER.
31. USER shall supply and distribute wrist bands to all
field seat ticket holders. If CITY supplies said wrist
bands, USER will be responsible for this cost.
32. Setup and installation as provided in Sections 29 and
30 above shall not exceed 80 hours prior to Concert.
Removal as provided in Sections 29 Arid 30 shall be
completed by 8:00 a.m. September 20, 19137.
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87-7 1 2
33, Ticket prices to the Concert wi ] l not. c.-xc•eed ;'2r1,00
(which is inclusive of all. applicable taxes) plus any
+ applicable service charges (which charge shall not exceed
$1.15 per ticket). All ticket prices will be for
specified seats and there will be no general admission
tickets sold.
34. The CITY shall have no interest or right with respect to
any ancillary rights or assets arising out of the:
Concert, including, without limitation, any motion
picture, radio or television broadcasting rights, any
merchandising rights or any corporate sponsorship.
During the License Period, the CITY shall permit USER to
enter the Premises and conduct any ancillary rights
activities at no cost, including without limitation,
E
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 agreed upon by USER, the group DAVID BOWIE and
the CITY. Approval from CITY must be prior to November
1, 1987.
The CITY will cooperate with USER in connection
with any such activity, provided, any cost or expenses
of CITY in connection therewith shall be borne by USER.
35. (a) Subject to guidelines mutually established in
r.lc3vance of the concr,rt Matt•, USER shall have the
right at all times to control that portion of the
Premises used for the production and presentation
of the Concert, including without limitation, all
internal security matters and personnel; to enforce
all necessary and proper rules for the management
and operation of the premises during the License
14 -
87`! 1 Z
Period; an() for its
authorized
to
enter all portions
of
the Premises use_3 for
the
production and prescnt�it:ion of the C.'c:ncc rt at
anytime and on any occasion durinr3 the License
Period.
(b) final decision -making power as to any matter
relating to the production and presentation of the
Concert shall be with USER.
(c) Notwithstanding anything in this Agremec;t to the
contrary, nothing herein shall interfere with
CITY's right to take any necessary action to
protect public safety.
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, at no cost of USER, full
access and control to USER to Box Office Number Eight
and all drop boxes (used to deposit torn tickets) at the
Premises on the Concert Date.
38. USER may, subject to any governmental regulations
or direction of a public officer or reasonable
discretion of the Director of Parks, Recreation and
Public Facilities, direct the opening and closing of
entrances 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,
39. Each party represents to the other that it has the
power to enter into this Agreement and to grant and
accept the license herein granted and accepted, as the
case may be, and that the consent of no other person or
entity (governmetital or otherwise) i.s required in
connection therewith, except as otherwise provided in
this Agreement and that this Agreement constitutes a
valid and binding obligation of such party, enforceable
against such party in accordance with the terms hereof.
40. (a) If, through 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
unsafe or impossible to hold the Concert on the
Premises, or if there exists a public emergency
rendering performance of this Agreement by the CITY
or USER impossible, including without limitation
the requisitioning of the Premises by the United
States, the State of Florida, or any other
authority, 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 39.
In any such event, USER shall not be liable for (i)
any use fee (ii) any expenses referred to which
have not been irrevocably incurred with respect to
any such Concert which is not :so performed.
(b) In the event the Concert is cancelled for any
reason, including but not limited to the reasons
set forth in Section 39(a) hereinabove, USER shall
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87-7 � 2
11
r_..I
be liable to the CITY for-,ctual costs incurred
pursuant to Section .1) hereinabove which have been
irrevocably incurred in cotitioction with hosting the
Concert but shall not be liable to the CITY for any
lost profits or consequential damages of the CITY.
41. The CITY, through the Director of Perks, Recreation and
Public Pacilities, at its sole option and discretion,
shall be entitled to demand full payment for any unpaid
use fee and expenses incurred by USER at the close: of
the event.
USER grants to the CITY the first right of claim to be
paid from all monies that are on hand such as "on
premises gate receipts" or all monies held by USER's
ticket sales agency for any unpaid use fee, expenses,
additional services, accommodations, materials
furnished, cost of repair, rehabilitation, damage
correction, replacement or restoration of premises cis a
consequence of the presentation of the event. The
Director of Parks, Recreation and Public Facilities
shall be entitled to collect all such funds due the CITY
and the CITY shall be paid prior to payment of any other
bills or sums of money owed by the USER. USER agrees
that any agreement entered into by the USER with a
ticket sales agency or agencies wi1.I. include the
agency's recognition that the CITY has first right of
claim, and the CITY is to be paid from any and all
monies held 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 "DAVID BOWIE" concert.
- 17 -
87-7
F��•
42.
43.
,
45.
46.
47.
ERE
The CITY will, allow a credit of up to 201b of thc_ rent
described in paragraph l to apply to any cost of
services rendered by the CITY. Said tmouz-it of rent
credited shall be determined by the Director of marks,
Recreation and public Facilities.
This Agreement shall not be deemed or construed to
create any agency relationship or joint venture between
the CITY and USER.
Unless otherwise provided herein to the contrary, all
notices required under this Agreement shall be deemed to
be given when band -delivered (with receipt therefor) or
mailed by Registered or Certified Mail, and addressed:
AS TO USER: AS TO T11B CITY:
Cellar Door Concerts, Inc. Walter E. Golby, Director
2190 S.E. 17th Street Parks, Recreation and
Suite 312 Public Facilities
Ft. Lauderdale, FL 33316 1390 N.W. 7 Street
Miami, FL 331.25
This Agreement may not be transferred or assigned by
USER without the express written consent of the CITY.
This Agreement constitutes the sole and entire Agreement
between the parties hereto; no alteration, amendments or
modifications shall be valid unless executed by an
instrument in writing signed by both parties.
If it becomes necessary for the CITY to institute
proceedings to collect any monies clue it by USER, USER
agrees to pay any and all reasonable attorney's fees and
costs expended in the collection thereof.
This agreement will be construed according to the laws
of the State of Florida.
87-" 772
IN WITN13SS WHBkto', the f-)arties hereto hav- indjvic3uaIly and
through their proper corporate officials executC'd this Agreement
the day and year first above written.
Attest: CITY OF MIAMI, a municipal
Corporation of the State of
Florida
Matty Hirai _ Cesar If. Odio
City Clerk City Manager
Attest: USER: Cellar Door Concerts,Inc.
BY
Corporate Secretary
--
(SEAL)
APPROVED AS TO INSURANCE: APPROVED AS TO FORM AND
CORRECTNESS:
INSURANCE MANAGER LUCIA A. DOUGHERTY
GENERAL SERVICES CITY ATTORNEY
ADMINISTRATION
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87--7 6 0?
COMRM RESOLUTION
ION
WNEREAS, the Board of Directors of CELLAR DOOR CONCERTS,
INC., has examined terms, conditions and obligations of the
proposed Agreement with the City of Miami for use of the ORANGE
BOWL STADIUM;
WHEREAS, the Board of Directors of CELLAR DOOR CONCERTS,
INC., has examined terms, conditions and obligations of the
proposed contract with the City of Miami for use of the ORANGE
BOWL STADIUM, and;
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
CELLAR DOOR CONCERTS, 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 ORANGE BOWL STADIUM; in acordance 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
Paint or Type Name
CHAIRMAN, Boar(I of Directors
By _ ___
rSiyriature
�� Print or Type Name
(SEAL)
EXIM3I'r I ry
!tr
87—i�