HomeMy WebLinkAboutR-86-0973J-86-1064
12/3/86
RESOLUTION NO. 86--972
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE
FORM ATTACHED, WITH ETLING PRODUCTIONS, INC.
FOR THE MULTIPLE USE OF THE MIAMI MARINE
STADIUM FOR A ONE-YEAR PERIOD FOR THE
PURPOSE OF CONDUCTING TEN (10) MUSICAL
CONCERTS AND/OR OTHER ENTERTAINMENT EVENTS.
WHEREAS, Etling Productions, Inc., Miami based promoter, has
requested the use of the Miami Marine Stadium for the purpose of
conducting ten (10) musical, entertainment and/or other events•
over a one-year period; and
WHEREAS, under the terms of the proposed agreement, the City
has the opportunity to generate approximately $61,000 in revenue
while providing popular musical concerts and entertainment to the
community; and
WHEREAS, the City Manager and the Director of the Department
of Parks, Recreation and Public Facilities recommend that an
agreement be executed, in substantially the form attached;
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 substantially the form attached, with Etling
Productions, Inc. for the multiple use of the Miami Marine
Stadium for a one-year period for the purpose of conducting ten
(10) musical concerts and/or other entertainment events.
PASSED AND ADOPTED this llth. day of ember _� 1986.
A TTEW
Matty Hirai, City Clerk
XAVIER- L. SLIAREZ
MAYOR
CITY COMMISSION
MEETING OF
DEC 11 19886
SOLUTION No. 86 9 /r�
3? .
j:; MARKS:
PREPARED AND APPROVED BY:
obert F. Clark
Chief Deputy City Attorney
APPROVED AS �b FORM AND CORRECTNESS:
Luc }a 'A ! Dougherty
City Attorney
2 -
8679'73,
CITY OF MIAMI, FLORIDA
'PHIS AGREEMENT made and entered into this day of
1986, by and between the City of Miami, a
municipal corporation of the State of Florida, hereinafter
rc-L"tirred to as the "CITY" and Etling Productions, Inc., a Florida
fc. ;profit corporation with its principal office located at 1099
dv Leon Blvd., Coral Gables, Florida 33134, telephone (305)
Y= ::526, hereinafter referred to as the "USER".
R E C I T A L:
In consideration of the covenants and agreements hereinafter
se-. fortis, CITY does hereby grant' unto USER the privilege of
cn;.ry upon or into the Municipal facility of the City of Miami
Kno-wn :is the MARINE STADIUM, the said facility to be entered upon
or into for the purpose of presenting Ten (10) concert events on
dazes approved by the Director of Parks, Recreation and Public
Facilities. The term of this Agreement shall be for a one year
period commencing with the execution of this Agreement. if
required, set up shall be on the day before each event day.
Dismantle shall be no later than 3:00 p.m. the day after each
event day. (Set up and dismantle time is normally free of charge
unless unusually long periods of time are required).
USER shall mean licensee.
THE USER HEREBY COVENANTS AND AGREES:
1. To pay the City of Miami $2,500.00 (Two thousand five
hundred dollars) plus 5% State of Florida Use Tax, per
event day, with a maximum use fee of Twenty five
thousand dollars ($25,000) plus 5% State of Florida Use
Tax thereon for the total of the ten (10) event days.
2. To pay the -City, on demand, such sum or sums as r.;ay be
due to said City for additional services, accommodations
or material furnished to said USER.
3. That all advances sums, or advanced payments for
services, shall be forfeited if, through the fault of
the' USER, the event is not held on the dates and t itnes
contradted.
4. CITY reserves the right to enter upon the premises at
any time during the period of use as it deems necessary.
5. CI•rY reserves the right to remove from the premises all
USER effects remaining in or on the ground of the
facility after the end of the contract period, at the
expense of USER; or to charge storage at the same rate
stated in Paragraph 1 of this Agreement, for each day or
part of a day that said effects remain in or on the
grounds of the facility after the end of the contract
term. For purposes of this provision, "dismantle time"
shall be considered to be a part of the contract terms.
6. To provide a diagrim of the proposed event layout to the
Office of Fire Prevention, 275 N.W. 2nd Street,
Miami, FL, and obtain fire permits required by Section
19-516 of the Code of the City of Miami, relative to
fire safety.
i. That any matters notherein expressly provided for shall
be in the discretion of the City Manager or his
designated representative.
ii. That USER has read the "Rules and Regulations for Use of
City of Miami Municipal Facilities" which are attached
to the "Application for Use of City of Miami Municipal
Facilities", that he or she fully understands said Rules
and Regulations, and that by the execution of this
Agreement certifies that he will abide by each and every
rule and regulation set out therein without the need to
have said Rules and Regulations repeated in this
Agreement.
9. USER shall indemnify and save harmless forever CITY, all
the CITY'S officers, agents and employees including all
police officers and staffing as specified in Paragraphs
12e, 12f and 13 of this Agreement, from all charges or
claims resulting in any personal injury, loss of life,
or damage to property, from any act, omission or
neglect, by himself or his employees; USER shall further
indemnify CITY as to all costs, attorney's fees,
expenses and liabilities incurred in the defense of any
such claims and the investigation thereof.
10. USER agrees that there shall be no discrimination as to
race, sex, color, creed, national origin or handicap in
cannection with any operations under this Agreement.
THE CITY HEREBY COVENANTS AND AGREES:
11. To furnish at CITY'S expense, except as may herein be
otherwise provided, light for ordinary use, water for
reasonable purposes, rest room supplies and nothing else.
THE PARTIES HEREBY MUTUALLY COVENANT AND AGREE:
i2. That the following additional provisions shall be adhered
to:
a. Necessaiy license to be secured by USER from the
CITY'S Tax and License Division, 65 S.W. 1 Street,
Miami, Florida.
b. Certificate of Use and Building Permit to be secured
,by USER through City of Miami Fire, Rescue and
Inppection Services Department, 275 N.W. 2nd Street,
Miaini, Florida.
- 2 -
USER is required to have insurance coverage for the
contract period including set up and disma--it1e
times. Coverage is to be cleared by USER through
the office of the City of Miami Risk Management, 65
S.W. 1 Street, Miami, FL. Telephone (305) 5719-6056.
The policy must be endorsed to name CITY as an
additional insured, and CITY is to be provided •pith
certificate of same. No qualification of the
additional insured provision is permitted. T;:t
company must be acceptable to CITY.
�11i parking revenue belongs to CITY.
USER agrees to pay for necessary personnel
electricians, custodians, nurses fire alaral, I::1:,,
office attendant, event supervisor, Marine, Patrol,
ticket boats, security, police, etc. Said personnel
gill be paid directly by USER with a four (4) :;our
minimum at rates established by the DirecLcr of.
Parks, Recreation and Public Facilities. iphe
Director of Parks, Recreation and Public Fac.ii" ies
will provide the USER with an estimate of said cost:;
nct less than 72 hours prior to the start of cacti
event.
A.
T)Ie Director of Parks, Recreation and P.;blic
Facilities, after full discussion of the tyres v,*.
event with the USER, will contact the City of
Police Department for sufficient security priol, to,
during and after each concert. USER will pay- for
City of Miami Police and for any private security
used.
y. USER agrees to pay for cleaning contractor fir
cleanup of facility after each event has endej.
h. USER will install all staging and props, at own
expense, same to be approved by Director of Per-:s;
Recreation and Public Facilities.
?. USER agrees to pay for moving ti:e stage barge, if
required, at a cost. of Three Hundred and :;:xty
dollars ($360.00).
j . USER agrees to include in all advertising for
in the facility that bottles and cans
wrought into the facility.
k. F maximum attendance of 6,500 will be permitted for
this event.
i. ushers, ticket takers and ticket sellers are
responsibility of USER.
M. Cates are to be opened at least one and one-i;a1f
hours prior to show time. All tickets ace
advertisi�A shall indicate gate opening time. Clv
s'. 'r` reserved to open gates or adjust gate openin
time as'•it deems appropriate based on crowd co:iirol
and conditions.
n. 13ox office manager, ticket sellers, takers and
'ushers are responsibility of USER.
o. USER :agrees to tear down immediately after
event has ended.
- 3 - 86 _'9"'i 3'
p. USER shall secure proper Coast Guard approval of a
marine event which shall be in writing.
y. USER must provide the Director of Parks, Recreation
and Public Facilities with a paid receipt for each
performance for all licensing contracts with each
licensing agency whose music will be used. The
Artist/Promoter/USER warrants that all copyrighted
material to be performed has been duly licensed or
authorized by the copyright owners or their
representative and agrees to indemnify and hold CITY
harmless from any and all claims, losses or expenses
incurred with regard thereto. USER agrees to and
accepts the unequivocable right of the Director of
Parks, Re-creation and Public Facilities to cancel
any event if said valid license(s) are not a part of
event's legal record no later than seventy-two (72)
hours prior to gate opening time.
r. CITY agrees to rebate to the USER 8.4% of gross
concession sales, less State of Florida 5% Use Ta::.
s. if the USER sells T-shirts, novelties, records,
programs, etc., then the USER shall pay to t:ie CITI
250 of gross concession sales, plus State of Ficrida
5 % Use Tax.
USER agrees to furnish sufficient police or security
prior to, during and after the event, as deterriined
necessary by the Director of Parks, Recreation and
Public Facilities. USER to pay for police.
if, in the opinion of the police commander, the USER of
the stadium does not actively and conscientiously
suppress narcotics within the audience, he may summon
plain clothes officers in sufficient numbers to
effectively control the situation. The USER will assume
the responsibility of paying for the services of these
additional officers who may be on duty at their normal
hourly rate or off -duty at time and one half pay. If
the additional officers are off -duty, they will receive
a minimum of four hours compensation or the actual time
devoted to the problem including time spent completing
reports, booking prisoners, etc., whichever is greater.
iY. The Director of Parks, Recreation and Public Facilities,
at his sole option and discretion, shall be entitled to
dL,mand payment for the CITY for the above items at the
time of the closing of the ticket gates for the event.
Such monies that are on hand or held at all remote
ticket outlets shall be described as "on precn,ises gate
receipts" and shall be available for payment tc the City
of Miami to satisfy such sums owed CITY for rental,
additional services, accommodations, materials
furnished, cost of any repair, rehabilitation, damage
correction replacement or restoration of the premises
borne by CITY as a consequence of presentation of the
event. The Director of Parks, Recreation and Poblc
Facilities shall at his uption be entitled to collect
such sums of money owed. "On premises gate receipts"
shall be defined as all sums of money collected by the
USER o'r his agent at the stadium or at all remote ticket'
outlets in connection with a particular event.
4 -
86-- 9731
13. All terms and conditions of this written Agreement shall
be binding upon the parties, their heirs and assigns,
and cannot be varied or waived by any oral
representation or promise of any agent or other person
of the parties here, unless the same be in writing and
mutually signed by the duly authorized agent or agents
executing this Agreement.
i5. That the parties intend that his document shall be a
License Agreement and that no leasehold interest is
conferred upon USER.
17. if it becomes necessary for CITY to collect any monies
due it by USER, USER agrees to pay any and all
reasonable attorney's fees and costs expended in the
collection thereof.
13. This instrument and its attachments constitute the sole
and only Agreement of the parties hereto relating to
said agreement, and correctly set forth the rights,
duties and obligations of each other as of its date.
Any prior agreements, promises, negotiations, or
representations not expressly set forth in this
Agreement are of no force or effect.
19. No amendments to this Agreement shall be binding on
either party unless in writing and signed by both
parties.
IZ ivITNEbS WHEREOF, the parties hereto have individually and
tc:rou;h their proper corporate officials executed this Agreement
tnt- day and year first written.
ALtest:
City Clerk
Attest:
APPROVED AS TO INSURANCE:
Insurance Manager
APPROVED AS TO FORM AND CORRECTNESS:
CiLy Attorney
- 5 -
THE CITY OF,MIAMI, FLORIDA
Cesar H. Odio
City Manager
USER Etling Productions,
Inc., a Florida for profit
corporation.
Russell Etling
President
(SEAL)
I I
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
To: Honorable Mayor and Members
of the City Commission
FROM: Cesar H. Odio
City Manager,/�;�
RECOMMENDATION:
DATE: O E V -' 51986 FILIE:
Resolution Authorizing
SUBJECT: the City Manager to
Execute an Amendment
to the Real Estate
REFERENCERe search Corporation
Agreement
ENCLOSURES:
It is respectfully recommended that the City Commission adopt the
attached resolution authorizing the execution of an amendment, in
substantially the form attached hereto, to the Agreement
authorized on March 21, 1985 between the Real Estate Research
Corporation and the City of Miami for the professional services
of said corporation to prepare appraisals of Real Property within
the Phase I of the Southeast Overtown/Park West Redevelopment
Project Area.
BACKGROUND:
The Department of Development has analyzed the need to execute
the attached amendment to the existing City agreement with the
Real Estate Research Corporation. The proposed amendment extends
the termination date of the contract from February 28, 1986 to
December 31, 1986, and increases the Professional Services Budget
from $17,000 to $24,500.
The Extension is necessary so that the Real Estate Research
Corporation can complete the Scope of Professional Services
delineated in the contract. The budget increase of $7,500
serves as reimbursement due to said Appraiser for the completion
of authorized additional appraisal services.
Funding for these services will be from the 12th Year Community
Development Block Grant Funds allocated to the Southeast
Overtown/Park West Project and G.O. Housing Bond Funds.
Attachments:
Proposed Resolution
Amendment_
8679'731
J-86-949
12/-4-/86'
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY,
AMENDING THE AGREEMENT AUTHORIZED ON
MARCH 21, 1985 BETWEEN THE REAL ESTATE
RESEARCH CORPORATION AND THE CITY OF
MIAMI FOR THE PREPARATION OF APPRAISALS
OF PARCELS OF PROPERTY WITHIN THE
SOUTHEAST OVERTOWN/PARK WEST
REDEVELOPMENT PROJECT PHASE I AREA AND
FOR TECHNICAL ASSISTANCE IN PROPERTY
ACQUISITION WHEREBY THE TERM OF SAID
MARCH 21, 1985 AGREEMENT IS EXTENDED
FROM FEBRUARY 28, 1986 TO DECEMBER 31,
1986 AND THE COMPENSATION UNDER SAID
AGREEMENT IS INCREASED FROM $17,000 TO
$24,500 WITH FUNDS THEREFOR ALLOCATED
FROM 12TH YEAR COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS ALLOCATED TO THE
SOUTHEAST OVERTOWN/PARK WEST
REDEVELOPMENT PROJECT AND 1976 G.O.
HOUSING BOND FUNDS.
WHEREAS, by Resolution No. 82-755, the City Commission
approved, in principle, the Southeast Overtown/Park West
Redevelopment Plan; and
WHEREAS, the City Commission, on July 31, 1984, approved
Resolution No. 84-893 authorizing the City Manager to issue a
Request for Unified Development Project Proposals for the
Southeast Overtown/Park West Redevelopment Project Phase I; and
WHEREAS, by Resolution 85-276, adopted March 21, 1985, the
City Commission awarded a contract to Real Estate Research
Corporation to appraise, for the purpose of establishing fair
market value, several parcels of property located within said
Southeast Overtown/Park West Redevelopment Project Phase I Area
as well as to provide technical assistance for property
acquisition; and
Page No. 1 86 -9'73f
WHEREAS, the herein extension is required or the completion
n
of disposition agreements as originally contemplated in the
contract, and the compensation increased $7,500 to reflect a due
reimbursement to the contractor for prior Professional Services
rendered;
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,
amending the Agreement authorized on March 21, 1985 between the
Real Estate Research Corporation and the City of Miami for the
preparation of appraisals of parcels of property within the
Southeast Overtown/Park West Redevelopment Project Phase I Area
whereby the term of said March 21, 1985 Agreement is extended
from February 28, 1986 to December 31, 1986 and the compensation
under said Agreement is increased from $17,000 to $24,500.
Section 2. The Professional Services Budget shall be
increased from $17,000 to $24,500 to allow the contractor to
recieve due reimbursement of $7,500 with funds therefor hereby
allocated from 12th Year Community Development Block Grant Funds
allocated to the Southeast Overtown/Park West Redevelopment
Project and 1976 G.O. Housing Bond Funds.
Page No. 2 86-9731
A
PASSED AND ADt, rED this day of ,
1986.
ATTEST:
XAVIER L. SUAREZ, MAYOR
MATTY HIRAI, CITY CLERK
PREPARED AND APPROVED BY:
APPROVW AS rO FORM AND CORRECTNESS:
IA A. DDttGHERTY, Cl
86-9731
Page No. 3
e
CITY OF MIAMI, FLORIDA
AMENDMENT NO. 1
This Amendment, entered into this day of
1986, amending an Agreement authorized by Resolution No. 85-276
on March 21, 1985, (AGREEMENT) between the City of Miami, a
municipal Corporation of the State of Florida, hereinafter
referred to as "CITY" and the REAL ESTATE RESEARCH CORPORATION,
hereinafter referred to as "GRANTEE".
RECITAL
WHEREAS, by Resolution 84-758, the City Commission had
accepted the proposal of the Real Estate Research Corporation to
appraise for the purpose of establishing a fair Market Value of
the parcels located within Southeast Overtown/Park West
Redevelopment Project Phase I Area and to provide technical
assistance for property acquisition; and
WHEREAS, the AGREEMENT stipulated that said AGREEMENT shall
terminate on February 28, 1986; and
WHEREAS, the GRANTEE was directed to complete professional
appraisal services in addition to those required by Resolution 85-
276; and
WHEREAS, it is necessary to extend the termination date of
the Agreement from February 28, 1986 to December 31, 1986, so that
the services contemplated under. the AGREEMENT may be completed;
and
WHEREAS, it is necessary also to amend the budget from
$17,000 to $24,500 so that GRANTEE may recieve due reimbursement
of $ 7, 5 00 .
Page No. 1
Sfi-j9`73'
WHEREFORE, THE PARTIES AGREE TO AMEND THE AGREEMENT AS
FOLLOWS:
Section 1. Term. The term of the AGREEMENT shall be
extended from February 28, 1986 to December 31, 1986.
Section 2. Compensation. The Professional Services
Budget shall be Increased from 17,000 to $24,500.
IT IS FURTHER UNDERSTOOD THAT ALL CONDITIONS OUTLINED UNDER
THE ORIGINAL AGREEMENT AUTHORIZED ON DATED MARCH 21, 1985, SHALL
REMAIN IN FULL FORCE AND EFFECT WITHOUT MODIFICATION EXCEPT TO THE
EXTENT MODIFIED THEREIN.
IN WITNESS WHEREOF, the parties hereto have caused this
Amendment to be executed by the respective officials thereunto
duly authorized, this day and year first above written.
CITY OF MIAMI, a municipal
Corporation of the State of
Florida
ATTEST:
MATTY HIRAI, CITY CLERK.
G RANT EE :
By
CESAR H. ODIO, CITY MANAGER
REAL ESTATE RESEARCH
CORPORATION
By
CORPORATE SECRETARY CLIFFORD A. KOENIG, M.A.I.
VICE PRESIDENT
(CORPORATE SEAL)
LUCIA A. DOUGHERTY, CITY ATTORNEY
A
Page No. 2
967973'
A F F I D A V I T
TO: City of Miami
Orange Bowl Stadium
1501 N.W. 3rd Street
Miami, Florida 33125
STATE OF FLORIDA )
S.S.
COUNTY OF DADE )
TO WHOM IT MAY CONCERN:
This is to certify that Walter Etling, and Russell Etling
is authorizbd to sign contracts
on behalf of Etling Productions
Cha rman I
as its duly sworn (President&- Vice -President - Secretary) and is
empowered to make and sign contracts and agreements binding the
aforementioned Corporation to any contracts and agreements with
Clio Ue artment of O ce of Stadiums.
0 By l
t
(SEAL)
SWOROnTO AND SUBSCRIBED before me this
day of , 19_9-
c �
Apy
N Timy PUBLI
State of Florida at Large
My Commission Expirea:
E�ai���+ es 9b
Sw4o evu M"md An 01 g Apmcy
ssr-9731.
CORPORATE RESOLUTION
WHEREAS, Etlina Productions, Inc.
desires to enter into an agreement with the City of Miami for use
Miami Marine Stadium T and
WHEREAS, the Board of Directors of Etling Productions, Inc.
has examined terms, condi-
tions and obligations of the proposed contract with the City.of
Miami for use of Miami Marine Stadium
p 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; '
NUW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
,Chairman
that the president and secretary are hereby authorized and
instructed to enter into a contract in the name of and on behalf of
this corporation with the City of Miami for use of
Miami marine Stadium
in accordance with the contract documents furnished by the City of
Miami, and for the price and upon the terms and payments contained
in the proposed contract submitted by the City of Miami.
IN WITNESS WHEREOF, this a l a7o-' day Of l` k
198
C IRMAN, Board of Directors
1� By •
- <: - i�:�
Attest: o or
EXHIBIT I ,
86-973,
1