HomeMy WebLinkAboutR-87-0196ON
J-87-185
2/17/87
RESOLUTION NO. 9 `-196,
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
PRESENTING THE GENESIS CONCERT AT THE ORANGE
BOWL STADIUM ON MARCH 1, 1987.
WHEREAS, the Department of Parks, Recreation and Public
Facilities has approached Cellar Door Concerts, Inc., to bring
the Genesis concert to the Orange Howl Stadium; and
WHEREAS, an agreement with terms similar to the Springsteen
concert has been negotiated with Cellar Door Concerts, Inc.; and
WHEREAS, special events such as the Genesis concerts are
vital to the operation of the Orange Bowl Stadium;
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 presenting
the "Genesis" concert at the Orange Bowl Stadium on March 1,
1987.
PASSED AND ADOPTED this 26th day of , 1987.
ATTEST: '
XAVIER L. SUIZEZ
MAYOR
MA TY HIRAI, CITY CLERK
PREPARED AND APPROVED BY:
ROBERT F. CLARK
CHIEF DEPUTY CITY ATTORNEY
APPROVJRD/AS TO FORM AND CORRECTNESS:
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CITY ATTORNE
CITY COMMISSION
MEETING OF
FEB 26 1987
N No. 8771961 71961
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F�
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO Honorable Mayor and Members
of the City Commission
FROM!
Cesar H. Odio
City Manager
RECOMMENDATION:
DATE: F C �3 FILE:
SUBJECT: Resolution Approving
Genesis 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 Cellar Door Concerts,
Inc., for the Genesis concert to be held March 1, 1987, at the
Orange Bowl Stadium.
BACKGROUND:
Over the past several months the Department of Parks,
Recreation and Public Facilities has been negotiating with
Cellar Door Concerts, Inc., to bring the band Genesis for a
concert in the Orange Bowl. Cellar Door has agreed to a March
1, 1987 concert subject to their receiving the same terms they
had as promoter of the Springsteen concerts. The Department of
Parks, Recreation and Public Facilities drafted the attached
agreement for this Genesis concert. The stadium use fee will
be $60,000 and the promoter will be given a deduction of
approximately $16,000 for the first six hours of Police
staffing. The Department is projecting the following revenues
for the concert:
Stadium Rental $ 60,000
Less Police Costs (16,000)
Parking 10,000
Concessions, Food & Beverage 58,000
Concessions, Novelties 36,000
Total $148,000
Attachments:
Resolution
Agreement
3
87-ILK."
LICENSE AGREEMENT
CITY OF MIAMI, FLORIDA
THIS AGREEMENT made and entered into this day of
1987, by and between the City of Miami, a
Municipal Corporation of the State of Florida, hereinafter
referred to as the "CITY" and Cellar Door Concerts, Inc., a
corporation with its principal office located at 2190 S.E. 17th
Street, Suite 312, Ft. Lauderdale, F1 33316, telephone number
(305) 940-0223 hereinafter referred to as "CDC".
R E C I T A L:
in consideration of the covenants.and agreements hereinafter
set forth, the CITY does hereby grant unto CDC 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
"Genesis", for the period commencing at 12:00 noon on Wednesday,
the 25th of February, 1987, and terminating not later than
midnight on Wednesday, the 4th day of March, 1987. The period
February 25, 1987 through March 4, 1987, hereinafter shall be
known as the "License Period". The CITY agrees not 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
take place at approximately 8:00 p.m. on Sunday, March 1, 1987.
In the event that the Concert is rained out, CDC shall have the
option to reschedule such Concert on Monday, March 2th, 1987, at
no additional use fee charge to CDC.
CDC shall mean "licensee".
PREMISES
1. The Stadium and field known as the "Orange Bowl Stadium"
(the "STADIUM"), including access tunnel, field lights,
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standard field lights, locker rooms, rest rooms, public
address system, the scoreboard, ticket booths, 5th Level
Press Box, a function area as, described in Section 17
below, adjacent parking facilities, one secured room for
merchandising and, and space that may be used by CDC for
administrative 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
1 purposes hereof, the Premises shall not include the
Third Level Press Box, the Four Level operations booths
which are reserved to the CITY for Stadium operations
and the Fourth Level Press Box.
2. CDC 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
Per iod.
CDC HEREBY COVENANTS AN6 AGREES:
3. To pay the City of Miami for the use of said facility:
Sixty Thousand Dollars ($60,000.00) maximum use fee plus
5% State of Florida use tax for the concert on the lst
day of March, 1987. A Fifteen Thousand Dollars
($15,000) non-refundable deposit shall apply against the
said use fee and is to bb paid at One execution and
delivery of this Agreement. The balance of the use fee
plus the 5% State of Florida use tax on the total use
fee will be paid at the close of the event.
4. To reimburse the CITY on an actual cost basis within 24
hours of the Concert for expenses incurred by the CITY
for Police, Fire, cleanup and event staffing services
requested by CDC.
Payments which cannot be determined until a later time
shall be paid within ten (10) days of the date an
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invoice is submitted to CDC.
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 CDC and within one week prior to the
s
Concert, the Concert is cancelled except as provided in
Section 39 below.
7. The CITY reserves the right to remove from the STADIUM
f .
all CDC 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 CDC, or,
if such effects prevent the further use of the STADIUM,
to charge storage at the expense of the CDC 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 Lire 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
designated representative, the Director of Parks,
Recreation and Public Facilities.
10. (a) CDC shall indemnify and save harmless forever the
CITY, and all the CITY's officers, agents and
employees
including
all police
officers
and
staffing as
specified
in Sections 16
and 26 of
this
Agreement, from All charges or claims resulting in
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any personal injury, loss of life, or damage to
property, from any act, omission or neglect, by
himself or his employees or CITY; CDC 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.
(b) The CITY assumes no responsibility whatsoever for
any property placed on the Premises by CDC 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. CDC shall be 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. If the
stage is to be set on the playing field, this area must
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.
14. To provide the City with 100 complementary tickets from
Section G. These are to be chairback seats, rows 18-21
only.
THE CITY HEREBY COVENANTS AND AGREES:
15. That 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,
painting, utilities, elevators, heating and air
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conditioning equipment, lights, machinery, pipes,
plumbing, wiring, electric fittings and outlets.
16.
At the request of CDC, the CITY will provide a list of
facility services, building staff and other personnel
required to stage the Concert, and the estimated
aggregate cost thereof.
17.
On the Concert Date, the CITY will provide, at no cost
to CDC, 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 CDC.
18.
The CITY will provide unimpeded access at least 14 feet
high and 20 feet wide, at no cost to CDC to the
Stadium's field, for all equipment brought by CDC and or
'their
act or acts.
19.
In addition, the CITY shall comply with the following
requirements:
(a) The CITY 4shall use its best effort, at no cost to
CDC, to assist CDC 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 cost
of any such permits shall be borne by CDC.
(b) CDC 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 to accord credit to any tour sponsor,
equipment supplier or other entity involved with
the. tour.
(c) Control of the internal security services inside
the STADIUM shall remain the responsibility of CDC
or their designated agent, who shall consult with
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the Director of Parks, Recreation and Public
Facilities. CDC shall pay for said internal
security services.
(d)
CITY represents that CDC may provide, at
no
additional cost to CDC, catering services for
all
tour personnel and production staff.
• (e)
CDC shall ensure compliance with all necessary
union requirements (if applicable) in connection
.
with any personnel and services engaged
for
presentation of this concert. The CITY shall
use
its best effort to inform CDC of the terms of
any
trade union agreement, written or oral, affecting
all relevant personnel or services used
in
connection with the Concert, and shall assist
CDC
in complying with such agreements.
(f)
All entry to the Premises, including any press
boxes, and other viewing areas, on Concert Dates
shall be by ticket only, purchased at the
Full
Ticket Price (as defined in Section
32
•
hereinbelow), except for employees of CDC and
the
CITY actually working at the Concerts who
have
received passes issued by CDC and except
as
otherwise provided by this Agreement.
(g)
Access to the backstage areas• throughout
the
License Period shall be under the control of
CDC,
to be exercised in a reasonable manner. The
CITY
shall ensure that no operations of the STADIUM
within its control will interfere with
the
successful production and presentation of
the
Concert. The CITY will inform, in writing,
the
i
relevant vendors and concessionaires of
this
limitation on their access to such areas.
(h)
Control over the number and location of
house
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photographers and general press photographers
throughout the License period shall remain with CDC.
(i) CDC shall be permitted to use such trucks and
forklifts on the 5TADIUM'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.
(j) The CITY will provide two house radios at no cost
to CDC for use by CDC's production and security
staff during the License Period. CDC shall be
responsible for said radios if they are damaged or
not returned immediately after event.
(k) The CITY will provide adequate access to the field
seating areas, for patrons at no additional cost to
CDC.
(1) The CITY will provide CDC with up to 70 police
barricades for use -during the License Period, if
required.
20. The CITY shall provide CDC, at no additional charge, for
CDC's use, the existing electric power services at the
Orange Bowl during the License 'Period.
21. The CITY will use its best efforts to prohibit resale,
counterfeiting and "scalping" 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
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permission of CDC.
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 available at all times
throughout the License Period for consultation with CDC.
24. CDC 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 approval shall not be unreasonably
withheld.
25. The CITY will permit CDC and 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
of Parks, Recreation and Public Facilities.
THE PARTIES HEREBY MUTUALLY COVENANT AND AGREE:
26. The CITY 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
Traffic Control before and after the event for up to six
(6) hours per event day at noIcost to CDC. All costs
for City of Miami Police working over six (6) hours will
be paid for by CDC at the same rate paid to the police
by the CITY.
27. That the following additional provisions shall be
adhered to, subject to Section 19(a) above:
(a) CDC shall obtain an Assembly Permit through the
City of Miami Fire Department, 275 Northwest 2nd
Street, Miami, Florida.
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(b) CDC shall obtain and maintain in force for the
length of this Agreement, general liability
insurance on a Comprehensive General Liability form
or an equivalent policy form with at least a
Combined Single Limit of $1400,000 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 an additional
insured on all policies.
The Department of Parks, Recreation and Public
Facilities, 1390 N.W. 7 Street, Miami, F1 3312S,
(305) 579-6900, requires a certified copy of the
policy or policies to be received at the address
above by February 16, 1987. Any questions
regarding insurance should be directed to Mr. Don
Dunlap, Insurance Manager, City of Miami General
Services Administration, 1390 •N.W. 20 Street,
Miami, F1 33142. (305) 5179-3480.
The intent of this Section 27(b) is that CDC
provide primary insurance protection to the CITY in
the event of any loss arising out of perils or
hazards covered by, the required policy or policies.
(c) The CITY shall furnish, at no cost to CDC, 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 covenient to the Premises.
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(d) The CITY shall provide, immediately adjacent to the
STADIUM, approximately 37,000 square feet of the
E- 1 Parking Lot, at no additional cost to CDC. if
CDC decides to utilize said portion of the E-1
Parking Lot, CDC will be responsible for security
same.
• (e) The CITY warrants and represents that it shall
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.
(f) 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 CDC, the CITY shall be entitled to
100% of all gross receipts from parking charges.
(g) CDC will provide and install all staging and props,
including special lighting, etc., at its own
expense.
(h) CDC agrees to provide, at its own expense, portable
toilet facilities in a number to be reasonably
determined by the Director of Parks, Recreation and
Public Facilities for use prior to, during and
after event.
(i) CDC agree 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.
(j) Ticket sellers, ticket takers and ushers are the
responsibility of CDC.
(k) CDC agrees to begin to tear down its equipment
immediately after the Concert has ended.
(1) A maximum attendance of 65,000 will be permitted.
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87-19(; 12-
(m)
Gates shall be opened 3.0 hours prior to show time.
All advertising shall indicate gate opening time of
5:00 p.m. The Director of Parks, Recreation and
Public Facilities reserves the right to open gates
or adjust gate opening time as he deems appropriate
based on crowd control and conditions, after
'
consultation with CDC.
(n)
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 hawkers on the field
after 8:00 p.m. No alcoholic or malt beverages of
any kind shall be sold in the Premises, except in
the private suite or club areas.
(o)
The CITY will grant to the CDC the merchandising
rights to sell programs, novelties and other items
limited to T-Shirts, buttons, hats, other apparel,
records, tapes, photographs referring to Genesis.
CDC agrees to pay to the CITY 15% of gross sales
plus 5% State of Florida use tax based on actual
sale of merchandise.
(p)
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
Genesis.
(q)
CDC agrees that it has no food or beverage
concession rights during the duration of this
Agreement.
(r)
CDC will provide to the CITY a copy of the blanket
SMI and/or or ASCAP license which it has obtained
87--19C / 3
in connection with the Genesis Tour, represents and
warrants that all 8MI and ASCAP fees for the
Concert will 'be paid by CDC and further agrees to
indemnify and hold the CITY harmless from any and
all claims, losses, or expenses incurred with
regard thereto.
2a. CDC agree 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 hour period immediately following the
concert, CDC 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
all field repairs are completed.
t
CDC agrees that they shall be liable for damage to the
playing surface, such liability not to exceed $50,000.
29. CDC agrees to install and remove at its expense a
geotextile field covering and plywood which the CITY
shall provide at no charge to CDC, sufficient in size to
cover the entire grass surface area of the playing
field. The field covering will be put in place prior to
the Concert date and will be immediately removed at the
and of the Concert date. The installation of said
covering shall be coordinated with the Director of
Parks, Recreation and Public Facilities.
30. CDC agrees to furnish, install and remove, at its
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
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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. CDC shall supply plastic
cable ties or other approved means to secure the chairs.
31. Setup and installation as provided in Sections 29 and 30
above shall not exceed S 1/2 hours prior to Concert.
. Removal as provided in Sections 29 and 30 shall not
exceed 4 hours after the end of the Concert.
32. Ticket prices to the Concert will not exceed $17.75
(which is inclusive of all applicable taxes) plus any
applicable service charge (which charge shall not exceed
$1.75 per ticket). All ticket prices will be for
specified seats and there will be no general admission
tickets sold.
33. 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, radid or television broadcasting rights, any
merchandising rights or any corporate sponsorship.
During the License Period, the CITY shall permit CDC to
enter the Premises and conduct any ancillary rights
activities at no cost, including without limitation,
any filming, taping, recording or similar activities
performed by CDC 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 CDC, the group Genesis and the
CITY.
The CITY will cooperate with CDC in connection with any
such activity, provided, any cost or expenses of CITY in
connection therewith shall be borne by CDC.
34. (a) Subject to guidelines mutually established in
advance of the concert date, CDC shall have the
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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
Period; and for its authorized representatives to
enter all portions of the Premises used for the
production and presentation of the Concert at
anytime and on any occasion during the License
Period.
(b) Final decision -making power as to any matter
relating to the production and presentation of the
Concert shall be with CDC.
(c) Notwithstanding anything in this Section 34 to the
contrary, nothing herein shall interfere with
CITY's right to take any necessary action to
protect public safety.
35. 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 CDC.
i
36. The CITY hereby grants, at no cost to CDC, full access
and control to CDC to Box Office Number Eight and all
drop boxes (used to deposit torn •tickets) at the
Premises on the Concert Date.
37. CDC 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
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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.
38. 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
(governmental or otherwise) is required in connection
therewith, except as otherwise provided in this
Agreement and that this Agreement consitutes a valid and
binding obligation of such party, enforceable against
such party in accordance with the terms hereof.
39. (a) If, through no fault of the CITY, the Premises or
any part thereof shall be damaged, destroyed or
rendered unuseable by fire or other casualty or
unforeseen occurrence to the extent that it is
unsafe or impossible to hold the Concert on the
i
Premises, or if there exists a public emergency
rendering performance of this Agreement by the CITY
or CDC 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, CDC shall not be liable for (i)
any use fee, or (ii) any expenses referred to which
have not been irrevocably incurred with respect to
any such Concert which is not so performed.
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(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, CDC shall
be liable to the CITY for actual costs incurred
pursuant to Section 5 hereinabove which have been
irrevocably incurred in connection with hosting the
Concert but shall not be liable to the CITY for any
lost'profits or consequential damages of the CITY.
40. The CITY, through the Director of Parks, Recreation and
Public Facilities, at its sole option and discretion,
i
shall be entitled to demand full payment for any unpaid
use fee and expenses incurred the CDC at the close of
the event.
CDC
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 CDC'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 as 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 CDC. CDC agrees that
any agreement entered into by the CDC with a ticket
sales agency or agencies will 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 CDC
or his agent in connection the Genesis concert.
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41, This Agreement shall not be deemed or construed to
create any agency relationship or joint venture between
the CITY and CDC.
42.
Unless otherwise provided herein to the contrary, all
notices required under this Agreement shall be deemed to
be given when hand -delivered (with receipt therefor) or
mailed by Registered or Certified Mail, and addressed:
AS TO CDC: AS TO THE CITY:
Cellar Door Concerts, Inc. Walter E. Golby, Director
2190 S.W. 17th St. Parks, Recreation and
Suite 312 Public Facilities
Vt. Lauderdale, F1 33316 1390 N.W. 7th Street
Miami, Florida 33125
43.
This Agreement may not be transferred or assigned by CDC
without the express written consent of the CITY.
44.
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.
145.
If it becomes necessary for the CITY to institute
proceedings to collect any monies due it by CDC, CDC
agree to pay any and all reasonable attorney's fees and
costs expended in the collection thereof.
46. This agreement will be construed according to the laws
of the State of Florida.
10
87-19E• / c)
I
IN WITNESS WHEREOF, the parties hereto have individuall%
through their proper corporate officials executed this Agreer
the day and year first above written.
Attest: CITY OF MIAMI, a Municipal
Matty Hirai
City Clerk
Attest:
Corporate Secretary
APPROVED AS TO INSURANCE:
DONALD DUNLAP
Risk Management
Corporation of the State of
Florida
BY
Cesar H. Odio
City Manager
USER: Cellar Door Concerts,Inc
BY
Title
APPROVED AS TO FORM AND CORRECTNESS:
LUCIA A. DOUGHERTY
City Attorney
- le -
(SEAL)
87-19C w
CORPORATE RESOLUTION
WHEREAS, desires
to enter into an agreement with the City of Miami for use of the
: and
WHEREAS, the Board of Directors of
has examined terms, conditions and
obligations of the proposed contract with the City of Miami for
use of the ; and
1 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 DIREC`PORS of
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 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
Tint or Type Name
CHAIRMAN, Board of Directors
By
(Signature)
EXHIBIT 1
Print or `type Name
(SEAL)
10186 01;2/