HomeMy WebLinkAboutR-83-0899f
J-83-826
9-6-83
RESOLUTION No. S3-899'
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO EXECUTE AN AGREEMENT SUBJECT TO THE
CITY ATTORNEY'S APPROVAL AS TO FORM AND
CORRECTNESS WITH WALTER ALVAREZ, INCORPO-
RATED, FOR THE PURPOSE OF SHOWING A CLOSED
CIRCUIT PRESENTATION OF THE HAGLER VERSUS
DURAN FIGHT IN THE ORANGE BOWL STADIUM ON
NOVEMBER 10, 1983, IN SUBSTANTIAL ACCORD-
ANCE WITH TERMS AND CONDITIONS AS SET FORTH
IN THE ATTACHED AGREEMENT.
WHEREAS, the Hagler versus Duran Closed Circuit Fight in the
Orange Bowl Stadium will draw thousands of spectators to the City
of Miami and therefore provide significant economic impact for
the City; and
WHEREAS, the City owns and operates the Orange Bowl Stadium,
which is a desirable location for the presentation of such an
event; and
WHEREAS, the City and Walter Alvarez, Incorporated, are
mutually desirous of entering into this agreement for showing the
closed circuit presentation of the Hagler versus Duran fight on
November 10, 1963 at the Orange Bowl Stadium;
NOW, THEREFORE, BE IT RESOLVED BY THE CCMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. The City Manager is hereby authorized to execute
an agreement subject to the City Attorney's approval as to form
and correctness, with Walter Alvarez, Incorporated, for the use
of the Orange Bowl Stadium by said Walter Alvarez, Incorporated,
for the purpose of showing a closed circuit presentation of the
Hagler versus Duran fight on November 10, 1983, in substantial
accordance with the terms and conditions set forth in the attached
agreement.
CITY COMMISSION
MEETING OF
OCT 25 1963 IRESOMIGN 14c. 83-8951
kEMARKS.
AW-
♦'
PASSED AND ADOPTED this 25th day of October , 1983.
ATTEST:
Ral h G. Ongie
City Clerk
PREPARED AND APPROVED BY:
_.obert F. Clark
:.e uty City Attorney
1[aurice A. Terre
MAURICE A. FERRE
MAYOR
iPPROVED AS TO FORM AND CORRECTNESS:
�10
,,ose R. Garcia -Pedrosa
City Attorney
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CITY OF MIAMI, FLORIDA
THIS AGREEMENT made and entered into this day of
, 1983, by and between the CITY OF MIAMI, a
Municipal corporation of the State of Florida, hereinafter refer-
red to as the "City" and Walter Alvarez, Inc.
with its principal office at 34 S.W. 26th Road, Miami, Florida,
telephone 558-2315, hereinafter referred to as the "User".
W I T N E S S E T H:
In consideration of the covenants and agreements hereinafter
set forth, the City does hereby grant unto the User the privilege
of entry upon or into the Municipal facility of the City of Miami
known as the Orange Bowl Stadium, the said facility to be entered
upon or into for the purpose of presenting the HAGLER VS DURAN
Fight via Closed Circuit Television from Las Vegas, Nevada. The
period commencing at 8:00 A.M. on Thursday, November 10, 1983 and
terminating at 1:00 A.M. on Friday, November 11, 1983, not includ-
ing "set up" and/or "dismantle" time. Set up may begin 8:00 A.M.
on Tuesday, November 8, 1983 and dismantle shall be completed by
5:00 P.M. on Friday, November 11, 1983.
(Set up and dismantle time is normally free of charge unless
unusually long periods of time are required).
USER shall mean licensee.
T11E USER HEREBY COVENANTS AND AGREES:
1. To pay to the City of Miami for the use of said facility:
Five Thousand Dollars ($5,000.00) minimum rental or 10%
of the gross ticket sales, after taxes, on the first
15,000 tickets sold, plus 5% of the gross ticket sales,
after taxes, on all tickets sold over the first 15,000
tickets sold, whichever is greater, plus 5% State of
Florida Tax for each ticket sold.
2. To pay to the City of Miami Five Thousand Dollars
($:5,000.00) of the contract price on the execution and
delivery of this Agreement. The remainder of the contract
amcunt described in Paragraph 1, shall be paid at the
closing of the Box Office the night of the event.
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3. To pay the City, on demand, such sum or sums as may be
due to said City for additional services, accommodations,
or material furnished to said User.
4. That the User shall pay to the City of Miami the cost
of any repair, rehabilitation, damage correction, re-
placement or restoration of the premises, or to defray
any other unusual but reasonable expense borne by the
City as a consequence of presentation of the event.
5. That all advanced sums, or advanced payment for services
shall be forfeited, through the fault of the User, if
the event is not held on the dates and times necessary.
6. The City reserves the right to enter upon the premises
at any time during the period of use as it deems necessary.
7. The City 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 the User; or to charge storage at the rate
of $5,000.00 per day 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 period. For purposes of
this provision, "dismantle time" shall be considered to
be a part of the contract term.
8. To provide a diagram of the proposed event layout to the
office of Fire Prevention, 275 N.W. 2nd Street, Miami,
Florida and obtain fire permits required by Section 19-516
of the Code of the City of Miami, relative to fire safety.
Fire Department manpower requirements are as follows:
(1) Fire Rescue Team. (2) Fire Marshals.
9. That any matters not herein expressly provided for shall
be in the discretion of the City Manager or his designated
representative.
10. 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 he 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.
11. The User 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 Paragraph 16 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; the User shall become defendant
in every suit brought for any of such causes of action
av_ai^st the City or the City's officials, agents and
employees; the 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 inves-
tigation thereof.
THE CITY HEREBY COVENANTS AND AGREES:
t12. To furnish at City's expense, except as may herein be
otherwise provided, light for ordinary use, water for
all reasonable purposes, janitorial service, and rest
room supplies and nothing else.
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13. To furnish seventy five parking spaces in the Press
and Officials lot.
14. To furnish a ticket booth and with local telephone
service through the Stadium Administrator's Office
switchboard system.
THAT THE FOLLOWING ADDITIONAL PROVISIONS SHALL BE ADHERED TO:
15. The User is to provide the necessary license to be
secured from the Tax and License Division, 65 S.W.
1 Street, Miami, Florida.
16. The User is to provide a Certificate of Use and
Building Permit to be secured through City of Miami
Building Department, Miami, Florida.
17. A complete set of drawings for the erection of a
proposed 45' x 65' portable outdoor theater type
screen that is to be used for the video showing of
the Hagler vs Duran fight shall be furnished by User
to the Stadium Administrator not less than fifteen
(15) days prior to the event day.
18. A complete set of specifications for power require-
ments necessary to provide a proper power source for
the special video and audio closed circuit television
projection equipment shall be furnished to the Stadium
Administrator by the User not less than twenty (20)
days prior to the event day.
19. Insurance coverage is to be provided by the User, and
is to be cleared through the office of the City of
Miami Risk Management, 65 S.W. 1st Street, Miami,
Florida. The policy must be endorsed to name the City
as an additional insured and the City is to be provided
with certificate of same. The Company must be accept-
able to the City.
20. All parking revenue belongs to the City and all parking
attendants will be paid by the City.
21. The City may retain the use of the City Box for a
maximum of sixteen (16) seats located in the 3rd level
Press Box.
22. User agrees to pay for necessary personnel such as
electricians, custodians, groundsmen, security, etc.
Said personnel will be paid directly by User with a
four (4) hour minimum at rates established by the Stadium
Administrator for said event.
2=. User agrees to pay to the cleaning contractor for
cleanup of facility after event has ended. The estimate
for cleaning is $2,150.00 based on attendance of 29,999.
_;. user will install all staging and props, including special
li..nting, etc., at own expense, same to be approved by
St_dium Administrator.
215. User agrees to include in all advertising for event in
th.-� facility that bottles and cans cannot be brought
inmo the facility.
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26. The User agrees to furnish tickets approved by the
Stadium Administrator and a ticket manifest is to
be presented to the Stadium Administrator at the time
of the signing of the contract.
27. Advance ticket sellers, and remote ticket outlets are
responsibility of User.
28. Day of event ushers, gatemen, rest rocm attendants,
elevator operators, office staff, nurses, P.A.
announcers, sound technicians, are the responsibility
of the User.
29. User agrees to tear down immediatelly after event has
ended.
30. User agrees to restrict all vehicles from grass; any
exception must be granted by the Stadium Administrator
and Grounds and Turf Manager.
31. Gates are to opened at least 2 hours prior to show
time. All tickets and advertising shall indicate gate
opening time. The City reserves the right to open
gates or adjust gate opening time as it deems appro-
priate based on crowd control and conditions.
32. User agrees that he has no concession rights during
the duration of this Agreement.
33. User must provide the Stadium Administrator with a
copy of the licensing contract held by the User. The
Artist/Promoter/User warrants that all copyrighted
programing to be presented has been duly licensed or
authorized by the copyright owners or their representa-
tives and agrees to indemnify and hold the City of Miami
harmless from any and all claims, losses, or expenses
incurred with regard thereto. User agrees to and
accepts the unequivocable right of the Stadium Adminis-
trator to cancel any event if said valid licenses are
not a part of the events legal record no later than
seventy two (72) hours prior to gate opening time.
34. The User and the City agree that the User expenses
covered under Paragraphs 22, 23, 28 and 36 shall be
paid directly by the User, however,'the sum total of
such expenses shall not exceed Fifteen thousand dollars
($15,000.00).
35. The User shall furnish to the Stadium Administrator
twenty five (25) tickets for promotional purposes for
other stadium events. The City shall permit the User
to use up to 3% of the total tickets printed for promo-
tional purposes. All promotional tickets issued in
excess of the 3% of the total tickets printed shall have
a value equal to the ticket price offered to the pub'.ic
and shall be included in the calculation to determi-..e
yoss ticket sales as described in Paragraph 1 of this
�;. Us::r will provide police requirements as follows: A
rdn imum off duty staffing will consist of 1 commanding
cificers, 44 supervisors and officers and 1 civilian
—Irsonnel. This staffing level is established with the
snuerstanding that attendance for the performance is
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If in the opinion of the police event commander,
stadium security is insufficient for crowd control,
he may summon 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 dity, 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.
37. The Stadium Administrator, at his sole option and
discretion, shall be entitled to demand 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 premises gate
receipts" and shall be available for payment to the
City of Miami to satisfy such sums owed the City for
rental, additional services, accommodations, mate-
rial furnished, cost of any repair, rehabilitation,
damage correction, replacement or restoration of the
premises borne by the City as a consequence of pres-
entation of the event and any other sum due. The
Stadium Administrator shall at his option be entitled
to collect such sums and shall be paid prior to payment
of any other bills or sums of money owed. "On prem-
ises gate receipts" shall be defined as all sums of
money collected by the User or his agent at the stadium
or at all remote ticket outlets in connection with a
particular event.
38. 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 hereto unless the same be in writing
and mutually signed by the duly authorized agent or
agents executing this Agreement.
39. That the parties intend that this document shall be
a License Agreement and that no leasehold interest is
conferred upon the User.
40. The User agrees that there shall be no discrimination
as to race, sex, color, creed or national origin in
connection with any operations under this Agreement.
UF:.z�r shall indemnify and save the CITY harmlelss from an
against any and all claims, liabilities, lossed and causes
c,action which may arise out of USER'S activities under
-iris contract, including all other acts or emissions to
act on the part of the USER or any of them, including any
pe=scn acting for or on his or their behalf.
42. ':hta CITY reserves the right to audit the record of the
USSR at any time during the performance of this Agreement
and for a period of one year after final payment is.made
under this Agreement.
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IN WITNESS WHEREOF, the parties hereto have individually and
through their proper corporate officials execute this Agreement
the day and year first above written.
Attest:
City Clerk
Attest
Witnesses :
('is to USER)
(Note: If User is individual
and not a corporation, two
i.nesses must sign).
.- ?: 3VZ0 AS TO INSURANCE:
_ns:lr.=nce Manager
RO"?D AS TO FORM AND CONTENT:
THE CITY OF MIAMI, FLORIDA
BY
City Manager
Title
USER
Title
(SEAL)
1W
1*
' 'CORP'ORATE' MSOLUTZON
WHEREAS' WALTER ALVAREZ. TN .
desires to enter into An agreement with the -'City of Miami -for,. -
use ol, ORANGE BQWL STa I 1
and
WHEREAS, the 'Board of Dare ctors o'f' WALTER ALVAREZ , INC.
' has -examined te*rms•, :con,-
.diti.ons and obUgations oi' the proposed contzact with 'the '.
City of Miami for use .'Of, ORANGE BOWL STADIUM
And
M EREAS, the''Board of Directors at 'a duly held corporate'
meeting has considered the matter in accordance with
By -Laws o4 the 'corporate on;
NOW, THEREFORE, BE .IT. RESOLVED BY ,THE EOARJ?. OF DIRECTORS
WALTER ALVAREZ . 2NC . '
that . the - president and secretary' are he:reb'y authorized , and'
;Instructed to enter into a contract in tYie'name of and on
of this 'corporation with 'the"City of'.Niami• for use' o'f
ORANGE BOWL STADIUM on November 10^,w-11 19 A i .. '
in accordance,with- 'the 'contract documents- 'i;urnished' by. the'. 'C�ty
c t.tiami., and for the 'pride 'and upon the ae'zms-' •and• payments: con,
r ned in the 'proposed contract submitted bX th•e='City of Mi:ami..
IN WITNESS WHEREOF , this' day o'f '
CHAZRr'L*'�T, Board o�' •Diredtor's
.I ell N'
P3 . l'
(SEAL)
146
INSURANCE REQUIREMENTS FOR USING
CITY OF'MIAMI FACILITIES
1 tenants. using City facilities must provide Public Liability Insurance
=h limits of $300,000 Bodily Injury and $25,000 Property Damage, using
of the following methods:.
(1) Provide the City with a Certificate'of Insurance from their cur-
rent policy and.a.copy of the endorsement naming the Cicy.as
."Additional Insured".
(2) Purchase a policy with the required limits to specifically cover'
the event, naming the City as "Additional Insured"; and provide.
the City with a copy of the policy.
(3) Obtain coverage through a Special Events Policy which is on file
with the City of Miami. Further details on this policy mays be
obtained from.the auditorium and/or stadium Manager-.
(4) With reference to No.3 above, it is understood and agreed that
this policy. has •.a $50.00 deductible per occurrence ort Bodily
Injury and Property Damage, and that the sponsor of the event.
will be liable for the payment or the deductible of any claim' of
either Bodily Injury or Property Damage in connection•with this
policy..
DATE September 6, 1983
,::L'PER ALVAREZ, INC..
c,,rnish the required insurance for using City of Miami facilities, by
�!) (2)_(3-4)* X�(CHECK ONE OF THESE, SPACES)
IS SELECTED, FILL IN THE FOLLOWING INFORMATION:
...%LTER ALVAREZ, INC.
to be named on the City of Miami's SPECIAL EVENTS INSURANCE POLICY
.lata(s) of:
.: ;•.lember 10, 1983
--:d Circuit Fiqht Duran vs -Hagler
.1%":11c, a a cost of $45.00 PER DIEM, which includes $3.00 Adnin'_s-
.
u:` 1iV24T:
Orange Bowl Stadium
By: r c*es CLW, - R%*4aUAC
NAME & mT-TLE (.?.lease type ors Print)
Address: 34 SLkJ S_ (, F-0
t
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
-o Howard V. Gary PATE September 6, 1983 FILE.
City Manager
Walter E. Golby
Stadiums Administrator
SUBjEC- Hagler vs Duran Fight
Closed Circuit
November 10, 1983
REFERENCES
ENCLOSURES Proposed Contract
I have negotiated a contract with Mr. Walter Alvarez for holding
a closed-circuit Hagler vs Duran fight for Thursday, November 10,
1983, in the Orange Bowl Stadium.
As you know, Mr. Alvarez could rent a multitude of smaller venues
in the Miami area at a cost less than current rent and expenses
that will be incurred at the Orange Bowl Stadium.
Because of this and the limited amount of money that a promoter
can make on this type of venture, the Office of Stadiums recom-
mends the following rent for the use of the Orange Bowl:
1. $5,000 minimum rent or
2. 10% of gross ticket sales up to 15,000 attendance.
3. 5% of gross ticket sales over 15,000 attendance.
4. Promoter to pay event expenses up to $15,000.00.
5. City to retain its concession and parking rights.
Based on his proposal, _T have projected the following income and
expenses for the event:
Income - Estimated Attendance 25,000
15,000 Tickets S20.00 = $300,000 x 10% = S30,000.00
10,000 Tickets a $20.00 = S200,000 x 5% = 10,000.00
Parking - 3,000 Spaces 'a $4.00 = 12,000.00
Concessions - 25,000 Patrons $2.00 x 35% = 17,500.00
Total Income $69,300.00
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CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
To Jose R. Garcia -Pedrosa 13ATE: September 27, 1983 FILE.
City Attorney
SUBJECTProposed resolution authorizing
City Manager to execute Orange
Bowl Stadium use agreement
FRCM Walter E. Golby REFERENCES
Stadiums Administrator
ENCLOSURES. 1 ) Draft Resolution and
Agreement
2) City .anager cover memo
Please review the attached draft resolution which would
authorize the City Manager to execute an agreement subject
to the City Attorney's approval as to form and correctness
with Walter Alvarez, Inc., for the purpose of showing a
closed circuit presentation of the Hagler versus Duran
closed circuit fight in the Orange Bowl Stadium on
November 10, 1983.
The proposed agreement is enclosed for your review as to
form and correctness. This agreement would charge stadium
rental based on 10% of the gross ticket sales after taxes,
for the first 15,000 admissions and 5% of gross ticket
sales, after taxes, in all sales over 15,000 admissions.
The existing rental rate prescribed by City Code Section
53-131(B)(1)(b) is 10% of gross ticket sales without regard
to attendance. The proposed contract would require the
promoter to pay up to $15,000 of event expenses while the
above code section places does not set a limit on such
expenses.
The resolution has already been reviewed by your office and
was assigned number J-83-826.
WEG:em
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Howard V. Gary
Page 2
9-27-83
The projected City revenue from this event based on an estimated
25,000 attendance would be as follows:
15,000 tickets @ $19.05 = $285,750 x 10% $28,750
10,000 tickets @ $19.05 = $190,500 x 5% 9,525
Parking - 3,000 spaces @ $4.00 12,000
Concessions - 25,000 patrons @ $2.00 x 33% 16,700
$66,975
The event expenses are projected to be $17,670 of which $15,000
will be paid by the promoter. The City will net approximately
$64,000 from this event with the rental and expense rates pro-
posed in the attached contract.
A similar rental agreement was used in the highly successful -
Ali -Holmes closed circuit fight held in the Orange Bowl on
October 2, 1980.
WEG:em
I
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
To Howard V. Gary ^ - GATE September 27, 1983 FILE.
City Manager
SUBJECT Proposed Resolution for Orange
�••,: Bowl rental for Hagler vs Duran
� closed circuit fight
ARCM` Walter E. Golby REFERENCES
Stadiums Administrator
ENCLOSURES Copy of draft resolution and
contract
The Office of Stadiums recommends the
adoption of a resolution which would
authorize the City Manager to execute
an agreement with Walter Alvarez, Inc.
for the purpose of showing a closed
circuit presentation of the Hagler
versus Duran fight in the Orange Bowl
Stadium on November 10, 1983.
A contract has been drafted with Mr. Walter Alvarez for
holding a closed-circuit presentation of the Hagler versus
Duran fight on Thursday, November 10, 1983 in the Orange
Bowl Stadium. Mr. Alvarez could rent a multitude of smaller
venues in the Miami area at a cost less than the Orange Bowl
Stadium rental fee prescribed by ordinance and with expenses
lower than those which would be incurred for use of the
Orange Bowl Stadium. Because of this and a promoter's limited
profit margin for this type of venture, the Office of Stadiums
recommends that an exception be made to the existing Orange
Bowl Stadium rental ordinance to set the rent for the Hagler
versus Duran closed circuit fight as follows:
a) The greater of a minimum rental fee of $5,000, or
b) 10% of gross ticket sales up to 15,000 attendance,
plus
c) 5% of gross ticket sales over 15,000 attendance, plus
d) the promoter to pay event expenses up to $15,000, and
e) the City will retain its concession and parking rights.
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