HomeMy WebLinkAboutR-85-0911J-85-948
RESOLUTION NO. 85-911
A RESOLUTION RATIFYING, APPROVING AND
CONFIRMING THE ACTION OF THE CITY MANAGER
IN HIS EXECUTION OF THE ATTACHED AGREEMENT
WITH CELLAR DOOR CONCERTS, INC., AND BEACH
CLUB BOOKINGS, INC., FOR THE BRUCE
SPRINGSTEEN CONCERTS STAGED AT THE ORANGE
BOWL STADIUM ON SEPTEMBER 9 AND 10, 1985.
BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The action of the City Manager in executing the
attached agreement. with Cellar Door Concerts, Inc., and Beach
Club Bookings, Inc., for staging the Bruce Springsteen concerts
at the Orange Bowl Stadium on September 9 and 10, 1985 is hereby
ratified, approved and confirmed.
PASSED AND ADOPTED this 12th day of SEP`iMBER , 1985.
PREPARED AND APPROVED BY:
ROBERT F. CLARK
Deputy City Attorney
APPROVED AkrTO FORM AND CORRECTNESS:
LU\. aa'a a7• LVVVaaL a\a a
City Attorney
MAURICE A. FERRE
MAURICE A. FERRE
M A Y O R
CITY CO-MMISSION
MEETING OF
SEP 12 1965
RESULUIIUN t4u85—ri,
REMARKS.
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CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
To Honorable Mayor and Members DATE September 12, 1985 FILE
of the City Commission
SUBJECT Resolution Regarding
Agreement for
Springsteen Concerts
FROM Sergio Pereir REFERENCES 9/12, 1985 Agenda
City Manager
ENCLOSURES 1) Draft Resolution
?) Stnfijum 11se_AQrPpmPnt
The Office of Stadiums recommends the
adoption of the attached resolution
which will ratify, approve and confirm
the action of the City Manager in
executing the attached agreement for
staging the Bruce Springsteen Concerts
at the Orange Bowl Stadium on September
9th and 10th, 1985.
Over the past five months, the City of Miami had been conducting
negotiations with Cellar Door Concerts/Beach Club to bring two
Bruce Springsteen concerts to the Orange Bowl. The City of Miami
was in competition with Tampa, Jacksonville and Orlando to be the
only Florida city having this concert.
An agreement was drafted for this event following the same format
as approved by the City Commission for the Michael Jackson and
Prince concerts. A fixed rental fee of $100,000 was agreed upon
for two concerts and for $0.75 per capita from the sale of
T-shirts to be split by the City and the concessionaire, the Miami
Dolphins. The City is to pay for the first six hours of polf--ce
staffing for each event.
Since there were no Commission meetings between the finalization
of negotiations and the dates of the concerts, the City Manager
accepted an agreement with the promoters of the concerts. The
attached resolution will ratify the City Manager's action.
The profits for this event, as outlined below, were $214,000 to
the City.
85-911
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The Honorable Mayor and Members of
the City Commission
Page 2 of 2
The results of these concerts are as follows:
Attendance 146,458
Stadium rent
Parking
T-shirt concessions
Food and beverage concessions
Less Police staffing
Net profit
$100,000
19,000
55,100
77,000
251,100
37,100
214,000
85-911
CITY OF MIAM." FLORICA
INTER -OFFICE MEMORANDUM
To Lucia A. Dougherty DATE; September 11, 1985 FILE
City Attorney
Attn:Robert Clark sueJEc- Resolution egarding
SpringsteenrAgreement
\ FROM Walter L. Golby REFERENCES
ti Staoiums Aaministrator
ENCLOSURES
1) Resolution
Z) r^ y . t #-tac 7Lgroomasat
3) Memo from CM to City
Commission
The attached resolution will probably be
introauced as a pocket item at the
September 12, 1985 Commission meeting.
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CITY 01' MIA111, FLURIDA
THIS AGREEMENT m sdt' an;l ent ere ir,t a t.a-iis � /� Ucuy of
.. September, 1985, by and between the City of ,.i�iml, a Municipal
Corporation of the State of Florida, hereinafter rtferreu to cis
e the "CITY" and a 301nt venture of Cellar Door Concerts, inc., a
corporation with its principal office locatea at 2190 S.E. 1 th
Street, Suite 312, Ft. Lauderdale, F1 33316, telephone number
(305) 940-0223 hereinafter referred to as "CDC" and Beach Clue
Booking, Inc. a corporation with its principal office of 2501
Forth Broad Street, Comden, Soutn Carolina, hereinafrer referrea
to as "BCB".
t; 1 T N b S 6 B T H.
In consideration of the covenants and agreements hareinaft-�r
set_ forth, the CITY does nereby grant unto CD:; ana BC6 the
privilege of entry upon or into the Municipal faclllry of rile
City of Miami known as the Oranye Bowl Stadium ("the STADIUM") ro
be entered upon or into for the purpose of presenting a Concert
featuring "Bruce Springsteen", for the period commencing at 12:01
a.m. on Sunday, the 8th of September, 1985, (at which rime the
portable bleaches and the fencing on the east. slum of the Stadium
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will be removed by the City and the area of the field on which
the stage will be placed will be covered) including "setup" time.
Dismantle shall not be later than midnight. on Wednesday, the llt.h
day of September, 1985. September brh tnruagh September litn,
1985, hereinafter shall be Known as ripe "License Period". Ttle
CITY agrees riot to sct:e::ulc any ori,c•r evunt s in. ivalnC3 but not
lifit ited to groups or individuals tc,urinc: ft_ Premises (as
nerc lnaft-er i]�i 1Ciec1� Uurll,cj t!i•? ll��n�� t'�i 1�.:. Tnt1 L011ct�rr.
performances ("the Cone -efts") will rcli;e pi.ic:e rip approximately
7:00 p.m. on Monaay, Sept.t:.,ntr)r:r 9t n, lqF_,5, anti caf i : UU f,. m. ,
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Tuesday, September le+h, 1985. In the event that ei*her of the
Concerts is rained out, CDC and BCB have the option to rescheaule
such Concert on Wednesday, September 11th, 1985, at no addirional
charge to CDC and BCB.
-j CDC
and BCB shall mean "licensee".
PRLMISES
1.
The Stadium and field known as the "Orange Brawl Stadium"
(the "Stadium"), including access tunnel, field ilghts,
stanuara field lights, locker rooms, rNst rooms, p;:blic
address system, the scoreboard, ticket. booths, 5th L-.:vel
Press Box, two function areas as descrribea in SeL:t.iori 1,L,
below, adjacent parking facilities, at least two secare;:
rooms for merchandising anu, and space tndt May Lit used
by CDC and BCB for administrative trailer, arid such
other facilities of the Stadium as dutnorized by the
Stadiums Administrator, shall be herein referred to as
the "Premises"; providea, that for 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 and BCB shall be entitled, at no additional cost, to
the use of at least two locker rooms wztls their
customary snower facilities on a 24-hour b.lsIS
throughout the License Period.
CDC AND BCB HEREBY COVENANT AND AGREE:
3.
To pay the City of Miami for the use of sdia facility;
Sixty Thousand Dollars ($60,000.00) maximum use fee plus
5% State of Florida use tax for the first concert on the
9th day of September 1985 and Forty Thoussr..: Dollars
($40,000.00) maximum use fee plus 5% State of Florida
use tax for the second concert on tfie 10th day of
September 1985. A Fifteen Thousand Dollars ($15,000)
:efunaable deposit shall apply
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against. the said use fee
a„d is to be paid
at-
*he
execution and delivery of
this agreement. The
balarict_
of the use fee plus the 5%
State of Flor iaa 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 last Concert
for expenses incurred
by
the
CITY for those Exhibit A
Services (as defined
below)
requested by CDC and BCB.
Payments which cannot be determined until a later time
shall be paid within ten (10) days of the gate an
invoice is submitted to CDC and BCB.
5. To pay the City of Miami the cost of any repair, re.ia-
billtatlon of the field, sub3ect to the limitations in
Section 27 nelow.
6. That all aavancea sums shall be forfeited if, throuah
the fault of CDC and BCB and within one week prior to
the Concerts, the Concerts are canceileu except as
provided in Section 38 below.
7. The CITY reserves the right to remove from the Premiss
all CDC and BCB 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 and
BCB, or, if such effects prevent the further use of the
Stadium, to charge storage at the expense of r.}1e CDC and
BCB at a rate of Five Thousand Dollars ($5, 000. 00) for
each day or parr_ of a day that said effects remain in or
on the grounds of the Stadium after the end of the
License Period.
B. To provide a diagram of the proposed event layout to t1le
Office of Fire Prevention, 275 Nortnwest. 2nd Sr.reet.,
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I:1mI �':orida and obtain fire permits rejuare, n
Section No. 19-510 of Cade of th_ Cif y of
relative to fire satefy, subject t �) Section _ `(a) rye? o;N .
Fire Department manpower requirements are as follo.vs:
Fire Marshals.
9.
That any matters not herein expressly providtu for sh,-,11
be at the discretion of the City M• inaLier or his
designated representative, the Stadiums Administrator.
1U.
(a) CDC and BCB shall indemnify at'.,: save nArmij3ss
forever the CITY, and all the CITY's officers,
agents and employees including all police o::ficers
and staffing except punitive damages as specified
in Sections 15 and .25 of this Agreement', from ali
charges or claims resulting in any personal in3ury,
loss of life, or damage to properry, from ally act,
omission or neglect., by himself or his employees or
CITY; CDC and BCB shall further indemnify CITY as
to all costs, attorney's fees, expenses anti
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
BCB and expressly is relieved of any ana all
liability for any loss, in?ury, theft, damage or
destruction of goods, that may be sustained by
reason of the Premises pursuant. to this Agreement.
11.
CDC and BCB shall be not discriminate as to race, sex,
color, creed or national origin in connt:.t_ion with any
operation cinder this Agreement.
12.
To construct the stage off the Orange Bowi foOttall
playing field and east of the edsr eno zone.
13.
To provide the CITY with the option to pLir4nase at the
Full Ticket Price (as defined in Sectior. 31 below) a
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number of seats tyual to of the manifested
of Stadium.
THE CI`PY HEREBY COVENANTS AND AGREES:
14• 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: al.l turrAstlles,
painting, utilities, elevators, heating and air
conditioning equipment, lights, macninery, pipes,
plumbing, wiring, electric fittings and outlets.
15. Exhibit A attached hereto sets forth the facility
services, building staff and other personnel (the
"Exhibit A Services") required to stage each Concert,
and the estimated aggregate cosy. therefor. On each of
the Concert Dates ana, at. the prior written request of
CDC and BCB, the CITY will provide the Exhibit. A
Services at the rates set forth in Exhibit A. CDC ana
BCB shall have the right, with consultation and notice
to the Stadium's Administrator, to engage or employ
fewer or additional Exhibit A Services at the rates set
forth therein.
16. On each ji the Concert Dates, the CITY will provide, at
no cost to CDC and BCB, two function areas on the
Premises for pre -Concert. and post -Concert buffets. All
expenses with respect to the foods 'and beverages servea
at said buffets shall be paid by CDC and BCB.
17. The CITY will provide unimpeded access at least_ l4 feet
nigh and 20 feet wide, at no cost. to CDC and BCB, to the
Stadium's field, for all equipment brought. by CDC and or
their act. or acts.
18. In additIOL, t.na CITY shall comply w1t.n the' foiIowing
requirements:
(a) The CITY snail use it .s best_ �.ffort, at. no cost to
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to CDC and BCB, to assist CI -DC -:rid BCB to o:jr iiinin7
a tl necessary clearances, 1 icerises 3r:c perms is fc r
any aerial photography authcri,zect L,l. CZ::- drF7 3C.;
and any and all building, c.onstructiun, electrical,
sanitary, business, sales, occur;:'tional ana otnt'r
permits or licenses required fDr staging the
Concerts. The cost of any such pc-rm. its sn ii i be
borne by CDC and BCB.
(b) CDC and BCB shall have the right., at no additional
cost subject to existing contract.uai obligations
and to the prior consentof the CITY, to hanq
banners and otherwise to accord creait to any tour
sponsor, equipment supplier or other emit_✓
involved with the tour.
(c) Control of the internal security services insiue
the Stadium shall remain fine responsibility of CDC
and BCB or their designated agent., who sriall
consult with the Stadiums Administrator on such
matters.
(a) CITY represents that CDC and BCB ra y provide, at
no additional cost. to CDC and BCB, catering
services for all tour personnel and produt:rion
staff.
(e) CDC and 13CB shags ensure complidnce wi`,: all
necessary union requirements (if applicator) in
connection with the personnel anu services set
forth on Exhibit A hereto, ana in connection witli
the food and beverage and parking concessions. The
CITY shall use its best effort to inform CDC and
BCB of the terms of any traae union c+grecment,
written or oral, affecting ail relevant. personnel
or services used in connection wit.ii the Concerts,
and shall assist CDC and BCB in comi�iyinq with such
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agreements.
(f)
All entry to the Premises, including any press
boxes, and other viewing areas, on Concert Dates
shall bu by ticket only purchased at tt,e Fuil
,.,
Ticket Price (as definea in Section .31
hereinbulow), except_ for employees of CDC and Bs:B
ana the CITY actually working at the Concerts wn�>
have received passes issued by CDC ana BCB ana
except as otherwise provided by this Agreement.
(g)
Access to the backstage areas throughout_ the
License Period shall be under the control of CDC
ana BCB, to be exercised in a reasonable manner.
The CITY shall ensure that no operations of the
Stadium within its control will interfere wit.ii the
successful production and presentation of the
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Concerts. The CITY will inform, in writing, tnc
relevant vencors and concessionaires of this
limitation on their access to such areas.
(h)
Control over the number and location of nouse
photographers and general press phonographers
throughout. the License perioa shall remain with CDC
and BCB.
(i)
CDC and BCB shall be permitted to use such trucKs
and forklifts on the Stauium's field, as authorized
by the Stadiums Administrator, for the successful
production and presentation of the Concerts, in
accordance with guidelines established in
consultation with the Stadiums Aaministrator,
including, but not limited to, procedures to
minimize damages to ti-ie field.
( ] )
The CITY will provide a cold I.K" L:nie katcr source
for the servicing of lasers, sacn water source to
rya 50 psi . Tne water source will be suppl ieca, at.
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agreements.
(f} All entry to the Premises, including any press
boxes, and other viewing areas, on Concert Dates
shall bu by ticket-, only purchased at tilt
Fui t
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Ticket_ Price (as definea in Section
�1
hereinbelow), except- for employees of CDC ailj
B�_:B
anu the CITY actually working at the Concerts
wno
have received passes issued by CDC and t;CB
ana
except as otherwise provided by this Ayreement.
(g) Access to the backstage areas throughout
fne
License Period shall be under the control of
CDC
and BCB, to be exercised in a reasonable manner.
The CITY shall ensure that no operations of
the
Stadium within its control will interfere wit-.ti
the
successful production and presentation of
the
Concerts. The CITY wi11 inform, in writing,
the
relevant vendors and concessionaires of this
limitation on their access to such areas.
(h) Control over the number and location of house
photographers and general press photographers
throughout the License perioh shall remain with CDC
and BCB-
(I) CDC and BCB shall be permitted to use such trucks
and forklifts on the Stauium's field, as authorizeu
by the Stadiums Administrator, for the successful
production and presentation of the Concerts, in
accordance with guidelines established in
consultation with the Stadiums Aaministrator,
including, but not limited to, procedures to
minimize damage to the field.
()) The CITY will provide a cold water source
for the servicing of lasers, such water sourctc to
De 50 psi. The water source will be suppliea, at.
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no cost to CDC: and BCD.
(k) Tne CITY will proviie twu nouse raeios at no cost -
to CDC and BCB for use by CDC's and DC6 's
production and security staff during the License
�.,
Period.
(1) The CITY will provide adequate access to the fiti.:
seating areas for patrons atno auuitional cost- to
CDC ana BCD.
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(m) The CITY will provide CDC: ana BCD with _0 polict
barricades for use during the License Perioa.
19.
The CITY shall provide CDC: ana BCB, at no audit tonal
charge, for CDC's and BCB's use, the existing electric
power services at the Orange Bowl curing the License
Period at no charge to the CDC and BCB..
20.
The CITY will use its best efforts to prohibit resale,
counterfeiting and "scalping" of tickets for the
Concerts on the Premises. The tickets that the CITY is
entitled to purchase pursuant to Section 13 above shall
De 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 vi soles or given
to any ticker_ brokers or agents without the prior
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written permission of CDC ana BC13.
21.
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The CITY will use its best efforts to �::isure tilat no
cameras or recording crevices or caris, bof r les, gloss,
banners, fireworks, weapons or other objects that may be
used as missiles, will be allowed in the Premises.
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22.
The CITY will have an authorized representative with
decision making authority from the Office of Staaiums
available at all times throughout the License Periou for
consultation wita CDC: and BCB.
23.
CDC and BCB shall provide a seating plan prior to r_nt
License Periou, approved by the Stadiums Aaministrator
and the requisite public satet.y officials whose approval,
shall not be unreasonably withhel..
24. The CITY will permit CDC and BCB and its authorized
vendors to erect novelty sales tables on the concourse,
outside the Stadium near the entry yat.es and on the
field subject to approval by the Fire Marshal.
THu PARTIES HERFL'Y MUTUALLY COVENANT A;..D AGREE:
25. Tt►e CITY will provide all C'it.y of Miami polic- required
to secure the outside of the stadium, before, ouring,
and after the event and all City of Miami Police for
Traffic Control before ana after the event. for up t_o six
(6) hours per event day at no cost to CDC and BCB. All
costs for City of Miami' Police over six (6) hours per
event will be paid for by the CDC and BCB at the same
rate paid to the police by the CITY.
26. That the following adaitional provisions shall ne
adhered to, subject to Section 18(a) above:
(a) CDC and BCB shall obtain the necessary licenses
from the Tax and License Division, 65 Southwest- 1st.
Street, Miami, Florida.
(b) CDC and BCB shall obtain the Certificate of Use
ana Building Permit througn the City of Miami Fire,
Rescue & Inspection Service Department, 275
Northwest 2nd Street, Miami, Florida.
(c) Insurance coverage is required, :end is to
clearea through the City of Miami Risk Management
Division, 65 Southwest 1st Street., Miami, Fioriaa.
The policy must be endorsed to name the CITY :is an
adaitlotial insured, and the CITY is to be provided
with certificate of same. The company must be
acceptable to the CITY.
(d) The CITY shall furnish, at no cost to CDC ana BCB,
its normal and customary event parking spaces for
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and the retluisit-e public safety officials whose approval
shall not be unreasonably withheld.
24. The CITY will permit CDC and BCB 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.
THE PARTIES HERFI3Y MUTUFLLY COVENANT AND AGREE:
25. T6e CITY will provide all City of Miami 1:olict.: required
to secure the outside of the stadium, before, curing,
and after the event. and all City of Miami Police fjr
Traffic Control before and after the event for up to six
(6) hours per event day at no cost to CDC and BCB. All
costs for City of Miami' Police over six (6) hours per
event will be paid for by the CDC and BC5 at the same
rate paid to the police by the CITY.
26. That the following additional provisions shall be
adhered to, subject to Section 18(a) above;
(a) CDC and BCB shall obtain the necessary licenses
from the Tax and License Division, 65 Southwest 1st.
Street, Miami, Florida.
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(b) CDC and BCS shall obtain the Certificate of Use
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and. Building Permit through the City of Miami Fire,
Rescue & Inspection Service Department, 275
Northwest 2nd Street, Miami, Florida.
(c) Insurance coverage is required, and is to be_,
clearea through the City of Miami Risk Management.
Division, 65 Southwest_ lst Street, Miami, Florida.
The policy must be endorsed to name the CITY as an
adait_ioual insured, and the CITY is to oe provided
with certificate of same. The company must be
acceptable to the CITY.
(d) The CITY shall furnish, at no cost to CDC and BCB,
its normal and customary eventparking spaces for
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the public, limited by *.t;e ful fillmen' of .'-.TVs
obligations pursuant to subparagraph (e), and
adequate personnel to man such parting facilities,
at locations covenient_ to the Premises.
(e)
The CITY shall provide, immediately ad3acent to
the Stadium, 37,000 square feet of the E-1 Parking
Lot, at no additional cost to CDC and BCB. CL'C and
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BCD is responsible for securing said portion of the
E-1 parking lot.
(t)
The CITY warrants and represents tnat 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 suc.i
arrangement and implementation.
(g)
The CITY agrees that charges to the public for
parking on its property shall not exceeu the usual
and customary charges for such parking. As between
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the CITY and CDC and BCB, the CITY shall be
entitled to 100% of all gross receipts from parking
charges.
(h)
CDC and BCB will provide and install all staging
and props, including special lighting, etc. at its
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own expense.
i (i)
CDC and BC8 agrees to provide, at its own expense,
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portable toilet facilities in a number to be
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reasonably determined by Stadiums Aaministrator for
use prior to, during and after event..
(3) CDC and BCB agree to include in all aavertising for
s
the Concert in the facility that bottles, cans,
glass, weapons, banners, fireworks, cameras and
recording devices may not be brought into the
facility.
(k) The CDC and BCB shall furnish to the CITY, Two
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Hunared
Fifty (250) tickets per event
day for ti-,c
CITY's
distribution t.�
ur;uezprivileged
children.
(1) Ticket
sellers, takers
and ushers are
t.ne resinonsi-
bility
of CDC and BCB.
(m) CDC and
BCB agree to
begin to tear
down its
equipment
immediately
after the last
Concert nay
ended.
(n) A maximum attendance of 74,000 will be permitted
for each Concert.
(o) Gates shall be opened 1.5 - 2.0 hours prior to
show time. All advertising shall indicate gate
opening time. The Stadiums Administrator reserves
the right to open gates or ad3ust gate opening time
as he deems appropriate based on crowd control ant
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conditions, after consultation with the CDC and -
(p) The CITY has contractea 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 7:30 p.m. No alcoholic or malt beverages of
any kinu shall be sold in the Premises, except in
the private suite or club areas.
(q) The CITY will grant to the CDC anu BCB the merchan-
disini, rights to sell programs, ncvelties ana other
items limited to T-Shirts, buttons, hats, other
apparel, records, tapes, photographs referring to
Bruce Springsteen. CDC anti BCB agree to pay to the
CITY $1.00 per cap plus 5% State of Floriaa use
take based on turnstile count or actual ticket sale
whichever is greater. The $1.00 per cap rate plus
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a
5% State of Florida use t :- w.L ; , c:u rzdaced r.o
$0.75 per cap plus 5% State of Florid] use tax if
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two concecutive concert event dates are r;,l y i:i the
Orange Bowl Stadium.
(r) The CITY will use its best. efforts to pron,bit the
unauthorizea sale or distribution on the Premises
of novelties or other items not licensed by Bruce
Springsteen.
(s) CDC and BCB agrees that it has no food or beverage
concession rights during the duration of this
Agreement.
(t) CDC and BCB will provide to the CITY a copy of the
blanket BMI or ASCAP license which it has obtained
in connection with the Tour, represents ana
warrants that. all BMI ano ASCAP fees for the
Concerts will be paid by CDC anu BCB and further
agree to indemnify and hold the CITY harmless from
any and all claims, losses, or expenses incurrea
with regard thereto.
27. CDC and BCB agree to leave $50,000 on deposit with the
City for a period of 24 hours after the conclusion of
the second concert as a deposit against damages to the
playing surface. Within the 24 hours period immediately
following the second concert, CDC and BC6 and the
Stadiums Administrator will inspect the playing surface:
for said damage. If damage is found, the City will
retain the above mentioned deposit until all fielu
repairs are completed.
CDC and BCB agree that they shall be liable for aamaqu
to the playing surface, suer, liabiLi+-
y no~ to exceed
$50,000.
28. CDC ana BCB agree to install and re:nov< it its expense: a
geotextile field covering, which tt,e CITY shall provide
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85-911
at no charge to CDC and BCC, sufficient in size to cover
the entire grass surface area of the playing field.
field covering will be put in place prior to the Concert
dates and will be immediately removed at the end of t,,e
Concert dates. The installation of said coverino shall
be coordinate with the Stadiums Aaministrator
.
29• CDC and BCB agrees to furiiisn, inst.a 11 ar.d re;;,ov_, a~.
30.
their expense, all chairs, signage to denorriin«te each
field seating section, and 4' and S' plywood alsies
which will be placed on tt-.e 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 Stadiums Administrator
and will be immediately removed at the end of the
Concert and prior to the removal of the stage and other
equipment. The plywood aisles will be removed between
the first and second concerts to limit damage to the
playing field.
Setup and installation as provided in Sections 28 and
29 above shall not exceed 8 1/2 hours prior to a
Concert. Removal as provided in Sections 28 and 29
shall not exceed 4 hours after the end of each Concert.
31. Ticket prices to the Concert will not. exceed $17.50
(which is inclusive of all applicable taxes) iglus 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.
32. The CITY shall have no interest or right with respQct to
any ancillary rights or assets arising out. of the
Concerts, including, without limitation, any motion
picture, radio or television broadcasting rights, any
merchandising rights or any corporate sponsorship.
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85-911
Durin_i the License Period, the CITY shall permit. CDC anu
BCB to entk=r the Premises acid conduct any anciil iry
rights activities at no cost, itic iudIng without
limitation, any filming, taping, recording ur similar
activities performed by CDC and BCB in connection with
the Concerts.
The CITY will cooperate with CDC and BCF3 in connec-
tion with any such activity, provided, a;,y ccsf-. or
expenses of CITY in connection therewith shall ne borne
by CDC and BC3.
33. (a) Su03ect to guidelines mutually estarilishea in
advance of the concert dates, CDC ana BCF3 snail
have the right at all times to control that portion
of the Premises used for t_tie production ar.0
presentation of the Concerts, including without
limitation, all internal security matters and
personnel; to enforce all necessary ana 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
ana
presentation of the Coricexts at anytime and on
any
occasion during the L:cf:n5e Perio•j.
(qj Final decision-m,iking pow,-r as
er
relating to the product ion drill loll of
the
Concerts shall be wit_ti CDC and BCts.
(c) Notwithstanding anything in this Section 33 tO
the
contrary, nothing herein shall interfere witn
CITY's right to take any necessary action
to
project public safety.
34. 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 and
BCB.
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35. The Li'PY Hereby grants, at. rim cos- of CDC aric B-"B, fali
access and control to CDC and 8CP to Box ,)Lfice Numuer
Eight. and all drop boxes (.used to aeposit torn
at the Premises on the Concert. Dates.
3b. CDC and BCB may, subject to any governmental regulations
or direction of a public officer or reasonabli3
discretion of the Stadiums Administrator, direct the
opening aria closing of entrances and exits during the
License Period. All materials and equipme►it shall rye
broughtinto or removed from Premises only at en`.ranck.s
and exits ciesignatea by C1T)*. Notwithstanding anything
herein to the contrary, this Agreement shall not limi'
the CITY or Stadium officials in the use of their
offices nor interfere with tree normal ooeration of the
Stadium, provided that such operations ao not. interfere —
with the successful production and presentation of the
Concerts.
37. 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 provioed in
this Agreement and that. t.r-is Aureem-.ant consit.utes s
valid and binding obligation of such party, enfor:.vnrJLe
against such party in accordance with the terms hereof.
38. (a) if, through no fault- of the CITY, tine Premises or
any part therQof sr,d 11 be damugeu, dent. royea or
rendered unuseaole by tire or ot.ner casu,, i t y or
unforeseen occurrence to the extent. t h4t. 1t. is
unsafe or impossible to hold the Concerts on r.he
Premises, or if any Concert is not hein aut.: to the
disdbilit.y of "Bruce Sprinysteen", aeath or serious
A
- 15 -
85-911
injury to "t3Lu.:e sj:r I n<as*t e: I connection, with
the Concer* dates or thc threat_ of riot, deat-h or
serious injury, or cancellation due to weather, or
for any other reason beyond the C1TY's or CDC's and
BCB's control, or if there exists a public
emergency rendering performance of this Agreement
by the CITY or CDC and BCB impossible, including
without limitation the requisitioning of the
Premises by the United States, the State of
Florida, or any other authority, this Agreemenr.
shall terminate with respect to any such COncQrt as
may be thereby affected, withoutany liability of
either party to the other except as ,roviz:cd in
this Section 38. In any such event, CDC and BCB
shall not be liable for (1) any use fee (ii) any
expenses referred to which h-ive not been
irrevocably incurrea with respect to ally such
Concert which is not so performed.
(b) In the event the Concerts are cancelled for any
reason, including but not iimited to the reasons
set forth in Section 38(a) hereinabove, CDC and BCB
shall be liable to the CITY for actual costs
incurred pursuant. to Section 5 hereinabove wtilch
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. In the eventof the cancellation of
either the September 9th or loth Concert, the
parries hereto will use rfieir best. efforts r_o
reschedule such (:�-ncert for September llth, 1985.
39. The CITY shall not look to, aria heretuy waives all
claims (known or unknown) against "Bruce Springsteen"
relating to CDC's and BCB's fulfillment of its
16 -
85-911
obligations 1,U'Leunat21- riy other-asl,e;:t Df IIt
�o�,certs �,s it relates Se�:'ion 36(•A) of this agreement-.
40. The CITY, through the Stadiums Auminzst.zat.,.)r, at its
sole option and discretion, shall be ent- zt.led to d-emand
full payment_ for any unpaid use fee and expenses
incurred by the CDC and BCB at the close of the evernt.
Tne CDC and BCB 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 Rmonles htld by
CDC's and BCB'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 Stadiums Administrator shall be entitled t.o
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 and BCB. CDC and BCB agree that
any agreement entered into by the CDC and BCB 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. A copy of all
said agreements between the CDC and BCB and ticket- sales
agency or agencies will be attached to this agreement
and marked as Exhibit "B". "on premises gate receipts"
shall be defined as all sums of money collected by the
CDC aria BCB or his agent. at. ttie sta-.i_u�� in connection
w_t_ti u L rt lcular event.
41. This Agree:.M -:, t_ shai: not- De aeeR1 U-U UT Uu:15Li ucu I v
create any agency reiationshii, or joint venture bet..ieer.
the CITY and CDC and BCB.
- 17 -
85-91.1
42. Unless ottfelwise herein t<, the cocftrarY, all
notices required under this Agreement shall be deemed to
be given wher, hanu-delivered (with receipt t-iZerefur) or
mailed by Registered or Certified ,'lail, and dddressea:
AS TO USER: AS TO THE CITY:
Cellar Door Concerts, Inc. Walter E. Golby
Beach Club Bookings, Inc. Orange. Bowl Stadium
2190 S.W. 17th St. Suite 312 1501 N.W. 3ra Street.
Ft. Lauderdale, F1 33316 Miami, FLoricta 33125
43. This Agreement may not be transferred or assigned by
either party hereto without the express written consent
of the other party.
44. This Agreement constitutes the sole and entire Agreement
between the parties hereto; no alteration, amendments or
modifications shall be valid unless execut.ea by an
instrument in writing signed by Moth parties.
45. If it becomes neci ssary fur t_r,e C1T� to institute
proceedings to collect any monies clue it by CDC and BCB,
CDC and BCB 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.
95-911
n
i
9
A'
1N WITNESS WHEREOF', the parries Ilier-_t(_) hav,_� ly ar,c.
through their proper. c:orj.,_)ra,.e officals executed fnas Agre,�ment
the day ar.0 year first at�ove wr.tt.en.
Attest:
Matty Hirai
City Clerk
Attest
e Secre .ary
Attest:
i;- -e -
crate Secretary
CITY OF' MIAMI, a Municipal
Corporation of the State of
Flori
BY,
Sergio Pereira
City Manager
USER: Cellaz--Door__ Concerts, Inc
BY L
a
Title
4 (SEAL)
USER: BeA h+C b Boo 1n9, In BY
Title
APPROVED AS TO INSURANCE REQUIREMENTS:
�GI .
DONALD DUNLAP
Division of Risk Management.
APPROVEDAAYIFOR14 AND CORRECTNESS:
LU A A. DOUG RTY +
City Attorney J
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(SEAL)
85-911