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HomeMy WebLinkAboutR-83-05980 A, J-83-616 rr RES01_UTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE A I I A C H F D AGREEMENT WITH EXPOSITION PROMOTIONS INTERNATIONAL, INC. FOR THE USE OF THE COCONUT GROVE EXHIBITION CENTER FOR THE PRESENTATION OF ITS ANNUAL INTERNATIONAL HOME SHOW FOR THE TIME PERIOD 1983-95, INCLUSIVE, IN ACCORDANCE WITH THE TERMS AND CONDITIONS CONTAINED IN SAID AGREEMENT. WHEREAS, the City is the owner of a facility known as the Coconut. Grove Exhibition Center; and WHEREAS, Exposition Promotions International, Inc. is desirous of utilizing said facility for its annual International Home Show; and WHEREAS, the parties are mutually desirous of perpetuating the presentation of the International Home Show at the Coconut Grove Exhibition Center; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to execute the attached Agreement with Exposition Promotions International, Inc. for the use of the Coconut Grove Exhibition Center for the presentation of its annual International Home Show for the years 1983-1993, inclusive, in accordance with the terms and conditions contained in said Agreement. PASSED AND ADOPTED this 18th day of July , 1983. Maurice A. Ferre MAURICE A. FERRE M A Y O R ATTEST: RAL G. ONGIE, CITY CLUK CITY COMMISSION MEETING OF J U L 18 1983 RCSOLUIIU„ „ r WAARK� 0 P' J-83-616 rr RESOLUTION N0. .3 LJ.10' A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHFD AGREEMENT WITH EXPOSITION PROMOTIONS INTERNATIONAL, INC. FOR THE USE OF THE COCONUT GROVE EXHIBITION CENTER FOR THE PRESENTATION OF ITS ANNUAL INTERNATIONAL HOME SHOW FOR THE TIME PERIOD 1983-95, INCLUSIVE, IN ACCORDANCE WITH THE TERMS AND CONDITIONS CONTAINED IN SAID AGREEMENT. WHEREAS, the City is the owner of a facility known as the Coconut. Grove Exhibition Center; and WHEREAS, Exposition Promotions International, Inc. is desirous of utilizing said facility for its annual International Home Show; and WHEREAS, the parties are inutuaIIy desirous of perpetuating the presentation of the International Home Show at the Coconut Grove Exhibition Center; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to execute the attached Agreement with Exposition Promotions International, Inc. For the use of the Coconut Grove Exhibition Center for the presentation of its annual International Home Show for the years 1983-1993, inclusive, in accordance with the terms and conditions contained in said Agreement. PASSED AND ADOPTED this 18th day of July , 1983. Maurice A. Ferre MAURICE A. FERRE M A Y O R ATTEST: QR-ATPAI G. ONGIE, CITY CLOW CITY COrZMISSION MEETING OF J U L 18 1983 RESOLi1w�, r� fiEMARKS 0 0 PREPARED AND APPROVED BY: ly r ; ROBERT F. CLAR"K DEPUTY CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: t n . unnu) m- Y ATTORNEY -2- OF r CITY OF MIAM1. FLORIDA 110 INTER -OFFICE MEMORANDUM ., + , +, + -, ^.•: ;;�� �? i -2 , . 4: c TO Howard V. Gary GATE June 2, 1983 FILE: CN-06-1,40 City Manager SUBJECT Long-term Agreement Exposition Promotions Int'l. FROM: R. Paul Young REFERENCES: International Home Show Director Department of Auditoriums ENCLOSURES: Contract & Resolution We recommend that the attached Long-term Agreement by and between the Exposition Promotions International, Inc. and the City of Miami be executed by you, following its presentation to the City Commission. The rationale for this recommendation is as follows: 1. The Agreement enhances the revenues of the City of Miami. 2. Favorable performance clauses are included, which protect the City of Miami from financial losses in the event the show is not presented. 3. The International Home Show is the type of event we like to encourage to use our facilities. Please telephone me at 3310, should you have any questions. Thank you, wai, R.P.Yt' /bb 83-59L.. k AGREEMENT FOR THE USE OF THE COCONUT GROVE EXHIBITION CENTER A MUNICIPAL FACILITY THIS AGREEMENT made and entered into this 21st day of April, 1983, by and between the City of Miami, a municipal corporation• of the State of Florida, hereinafter referred to as the "CITY" and Expositions Promotions International, Inc., a Florida corporation, hereinafter referred to as the "USER". W I T N E S S E T H: WHEicrAS, the CITY is the owner of a facility known as the Coconut Grove Exhibition Center; and WHEREAS, the parties are desirous of entering into an agreement providing certain terms for the use of the aforesaid facilities by the USER for its annual miummi International Home Show. N01q, THE;PEFORE, for and in consideration of the mutual covenants hereinafter contained, the parties agree as follows: 1. The CITY does grant unto the USER the privilege of entry upon or into the municipal facility of the City of Miami known as the Coconut Grove Exhibition Center, hereinafter referred to as "facility", located at 3360 Pan American Drive, Miami, Florida, under the terns and for the purposes and periods of time hereinafter set forth. 2. The said facility shall be entered upon or into for the purpose of conducting therein the annual Miami International Horne Show, hereinafter referred to as "Home Show", and for no other purpose. 3. The period of said use shall be for a term of ten (10) years, on the specific dates as set forth in Schedule "A" attached hereto and made a part hereof. 4. The CITY shall be identified as "The City of Miami" or "Miami" in all press releases, and other promotional materials prepared by the USER and/or his staff. This identification shall be included in all of the above mentioned material. 83-59& r 5. USER agrees to pay the CITY for the use of said facility a use fee in accordance with whatever standard rate schedule for use may be adopted by the CITY periodically during the term of the Agreement provided, however, that the use fee shall be determined at least 12 months prior to the show date. It is understood and agreed by the parties hereto that the use fee for the USER shall be computed in the same manner as rates for all other USERS of said facility presenting events of the same or _ similar type during the period for which any particular rate schedule is adopted. The USER will pay twenty (20) percent of the use fee six months prior to move -in for the Home Show. And the remaining 30% of the minimum 50% of the basic use shall bq aid 90 da s before Payment of the remaining fifty (50) percent of the basics use fee Move In. y shall be paid no later than sixty (60) days prior to move -in for C- the Home Show, in cash or by cashier's check from a domestic bank. The CITY will invoice the USER for the above amounts thirty (30) days in advance. Any part of the USER fee accruing under the provisions of the Agreement that is not paid when due, shall bear interest, not as a penalty but as liquidated damages, at the rate of 1 1/2%, equivalent to a rate of 18% per annum from the date when the same was payable by the terms hereof, until the saine is paid by USER. In the event suit is instituted by CITY to collect any money due under this Agreement, USER agrees to pay such additional sum as the court may adjudge reasonable as attorney's fees in said suit. 6. In addition to the standard fee for use of the facil- ity, USER agrees to pay the CITY OF MIAMI, such sum or sums as may be due to said CITY for additional services, accommodations, or materials furnished to said USER, as may be agreed by the parties, within 15 days of being invoiced by the CITY. 7. USER shall indemnify and save harmless the CITY, its agents, officials, and employees against and from all liabili- ties, obligations, damages, penalties, claims, costs, charges, and expenses, including reasonable architects' and attorneys' fees, which may be imposed upon or incurred by or asserted I -2- 83-59& C against CITY (its agents, officials, and employees) by reason of any of the following occurrences during the term of this agree- ment. (a) Any work or thing done in, on or about the demised premises or any part hereof by USER or any party other than CITY: (b) Any use, nonuse, possession, occupation, condition, operation, maintenance, or management of the demised - premises or any part thereof of any alley, sidewalk, curb, passageway, or space adjacent thereto; (c) Any negligence on the part of USER or any of its agents, contractors, servants, employees, subtenants, licensees or invitees; (d) Any accident, injury, or damage to any person or property occurring in, on or about the demised premises or any part thereof, or any alley, sidewalk, curb, passageway, or space adjacent thereto; or (e) Any failure on the part of USLR to perform or comply with anv of the covenants, agreements, terms, provis- ions, conditions, or limitations contained in this lease on its part to be performed or complied with. In case any action or proceeding is brought against CITY (its agents, officials and employees) by reason of any such claim, USER upon written notice from CITY shall at USER's expense resist or defend such action or proceeding by counsel approved by CITY (its agents, officials and employees) in writing. 8. on the day of commencement of any of the Home Shows referred to in Schedule "A" hereto, USER shall provide to the CITY, in either cash or cashier's check, a damage deposit in the amount of Two Thousand Dollars ($2,000.00). Subsequent to presentation of the Home Show, this amount shall be returned by the CITY to the USER, less deductions withheld by the CITY for damages caused by USER or his exhibitors to the facility. All claims for damages shall be made by the CITY at the time of final move -out and are subject to documentation and physical inspection -3- 83-598. r Ir by the CITY and the USER. A statement for repair must be submitted to the USER within ten (10) days of move -out. This statement must be supported by a written estimate for repair. Any remaining funds of the deposit will be returned to USER at this time. 9. The CITY reserves the right to enter upon the premises at any time, during the period of use, that it may, in its sole discretion, deem necessary upon the presentation of proper identific6t"ion to USER or his security personnel. lu. The CITY reserves the right to remove from the premises all USER effects remaining in or on the grounds of the facility after the end of each Home Show, at the expense of the USER, or to charge storage at the same rate established for use of the facility, or each day or part of the day that said effects remain in or on the grounds of the facility after the end of the period of each particular use. For purposes of this provision "dis- mantle time" shall be considered to be part of the term of the use. 11. USER agrees to provide on a yearly basis no later than six (6) months preceding the respective event date, as set forth in Schedule "A" attached hereto, a diagram of the proposed event layout to the office of Fire Prevention, 275 Northwest Second Avenue, Miami, Florida 33128, and obtain the permits required by Section 17-326 of the Code of the City of Miami, relative to fire safety. 12. The USER acknowledges that he has read the "Rules and Regulations" for use of City of Miami Municipal Facilities attached hereto, that the provisions thereof are fully under- stood, and that by execution of this Agreement USER certifies that he will abide by each and every rule and regulation as though set forth particularly in this Agreement. It is further understood and agreed that if the aforesaid rules and regulations are in any way changed or amended during the term of this Agreement, USER shall be subject to the terms and conditions of - 4 - w q' any such changes or amendments. In the event that any such rule or regulation is in conflict with any provision of this Agree- ment, the provisions set forth in this Agreement shall apply. 13. USER agrees that he shall not under any circumstances permit anything (fence posts, nails, etc.) to be driven into the parking lot surface, patio surface, planters, auditorium floor, or any other surface of the facility premises without the express written permission of the facility Manager. 14. No later than thirty (30) days prior to the opening show dates, the USER shall provide a diagram of each proposed Home Show layout to the facility manager for his approval. The Rome Show layout shall be submitted and approved by the facility manager prior to distribution of the layout for public con- sumption or prior to selling any of the exhibit space. Such approval shall not be unreasonably withheld. 15. USER understands that the exclusive privilege of sale of food and beverage in the facility premises has been granted by the City to a concessionaire. USER, therefore, shall not be permitted to sell or permit the sale of any food and/or beverage in connection with the Home Show without prior written approval from the concessionaire and the CITY. 16. USER agrees to provide public liability insurance acceptable to the CITY with minimum limits of $100,000.00/$300,000.00 bodily injury and $10,000.UO property da►nage. USER agrees that the CITY may raise the insurance minimum at its sole option when it deems it is necessary. USER shall submit to the CITY notice and proof of the type of insur- ance to be provided. USER shall have the option of providing one of the following coverages: (a) USER shall provide the CITY with a certificate of insurance from USER's current policy and a copy of an endorsement naming the CITY as additional insured thereunder. -5- ' bi3-59E�� ' C (b) USER shall Purchase a policy with the required limits to specifically cover the Home Show, naming the CITY as additional insured thereunder; and provide the CITY with a copy of said policy. (c) USER shall obtain coverage through a special events. policy, if such policy is procured by the CITY. In the event there is a deductible for occurrence on bodily injury and property damage coverage under said special events policy, the USER shall be liable for the payment of the deductible of any claim in connection with the policy. 17. The CITY agrees that during the term of each Home Show the CITY will furnish, at its expense: light for ordinary use, water for all reasonable purposes, normal janitorial service (which includes the daily sweeping and vacuuming of all aisles and the daily emptying of all exhibitor trash containers and ashtrays when placed in the front of the booth within reach from the aisle, restroom supplies, show time air conditioning for reasonable periods of time, not including setup or breakdown, and normal electricity for exhibit booths). The CITY hereby agrees to furnish at USER's request air conditioning during show setup and breakdown, for which service USER will reimburse the CITY at the prevailing rate for such service. 18. USER agrees to pay for event personnel, policemen, firemen, security guards, ushering staff, ticket sellers and ticket takers, stagehands, spotlight operators, musicians, projectionists, booth equipment, installing and dismantling electrical and sound installation(s), setup of tables, chairs, and portable stages, when used and supplied by the CITY. Event personnel are those individuals who work after 4:00 P.M. on weekdays, and anytime on Saturdays, Sundays, and holidays. An event personnel cost confirmation shall be provided thirty (30) days prior to the Home Show by CITY to USER and USER shall pay the estimated event personnel costs no later than one week prior' to move -in. The USER may supply, at his expense, any of the -6- i 83--5984 r C above personnel and services with the exception of an event manager, technician, and the required janitorial staff. USER will pay the prevailing fee charged by the CITY for any utilities (including but not limited to electricity) or services provided. at the request of USER, other than those specified above. 19. The parties agree that the USER shall have the option, upon no less than twelve (12) months written notice to cancel its use of the.facility for any of the particular Home Shows set forth in Schedule "A" attached hereto, without jeopardizing any other dates, except as provides] in Paragraph 20, below. In the event the dates are not resold, the USER agrees to compensate the CITY for its losses in the amount of $10,000.00. 20. In the event that the USER fails to present any one of the annual Home Shows covered by this Agreement for two (2) consecutive years, as scheduled, the CITY may immediately terminate this Agreement. If, however, the reason for the USER's failure to present any one of the Home Shows is that he is moving it to another facility in the South Florida area, then the CITY may, immediately upon first notification of cancellation of the Home Show, terminate this Agreement: 21. The parties agree that in the event the facility is condemned or so damaged due to fire, windstorm, catastrophe or other act of God and the CITY, at its sole option, decides not to repair or build, either party may cancel, terminate or declare this Agreement to be null and void. 22. The CITY retains the right to cancel and terminate this Agreement for convenience and without penalty upon twelve (12) months written notice to USER. 23. In the event USER fails to meet any material terms of this Agreement, the CITY retains the right to cancel and termin- ate this Agreement without penalty, upon seven days written notice to USER. 24. In the event that the City intends to renovate and improve the facility, the CITY retains the right to cancel and terminate this Agreement upon six (6) months written notice to -7- 83-596, eA r' - USER. 25. USER shall not assign this Agreement or sublet the premises or any part thereof, or any other privilege granted by this Agreement, without first obtaining the prior written consent of the City Manager of the CITY, which consent shall not be unreasonably withheld. 26. The parties agree that 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 an oral repre- sentation or promise of any agent or other person of the parties hereto unless the same be in writing and manually signed by the parties hereto. The parties may, through mutual agreement, amend this Agreement at any time. Such amendment shall be in writing and shall be incorporated into this Agreement upon review, approval and execution of the parties hereto. The CITY reserves the right to assign this Agreement in the event the CITY relin- quishes ownership and/or control of the facility during the term of this Agreement. 27. It is understood and agreed that the parties intend that this Agreement shall be a License Agreement, and that no leasehold interest is conferred upon the USER by reason hereof. 28. It is understood that parking will not be permitted in the boat launching area of Dinner Key or in Kenneth Myers Bayside Park during the Home Show. The USER further agrees to pay for two police officers to direct traffic during the event dates. 29. The USER agrees to supply the CITY with a minimum of twenty (20) tickets to the Home Show. 30. All notices or other communications which shall or may be given pursuant to this Agreement shall be in writing and shall be delivered by personal service, or by registered mail or by telegraph addressed to the other party at the address indicated herein or as the same may be changed from time to time. Notice to the CITY shall be given to the Exhibition Center Manager, 3360 -8- 83-59f r r Pan American Drive, Miami, Florida 33133. Notice to the USER shall be given to Expositions Promotions International, Inc., 1820 14. LeJeune Road., Miami, Florida 33126. 31. The USER agrees that there shall be no discrimination as to race, sex, color, creed, national origin or physical . handicap in connection with any of the activities referred to in this Agreement. 32. The CITY agrees that during the term of this Agreement, so long as USER is not in violation of the terms and conditions hereof, the CITY shall not grant the use of the facility to any other USER within sixty (60) days before or after any one of the event dates shown in Exhibit A attached hereto if, in the reasonable judgment of the facility manager, such use will result in a show similar in kind to that of USER. 33. The parties agree that this Agreement shall be con- strued and enforced according to the laws, statutes and case laws of the State of Florida. IN wiviE5S WHEREOF, the parties hereto have caused this Agreement to be executed by their officials thereunto duly authorized. ATTEST: S$;.cretary ATTEST: Ralph G. Ongie City Clerk EXPOSITIONS PROMOTIONS INTER- NATIONAL, INC. By Cc&e c Preside (SEAL) CITY OF MIAMI, a Municipal Corporation of the State of Florida By Howard V. Gary City Manager PKEPARLD AND REVIEWED BY: APPROVED AS TO FORM AND CORRECTNESS ('-� �/)C a �Lr�.( '•c � . %eatriz fir Jffe R. Garcia -Pedrosa Assistant City Attorney 'ty Attorney wpc/ab/0A6 -9- 83-5981. CORPORATE RESOLUTION WHEREAS, the Board of Directors of Expositions Promotions International, Inc. has examined terms, conditions, and obligations or the proposed contract with the City of Miami for JaMmet International Home Show WHEREAS, the Board of Directors at ,i duly held corporate meeting have considered the matter in accordance with the by-laws of the corporation; 2;CW, T HEREFORF. , BE IT RESOLVED BY T11E BOARD OF DI R::C T ,RS OF Expositions Promotions International, Inc. , that thQ president ind secretary are hereby authurized and instructed to enter into a contract in the name of, and on behalf of this corporation, with the City of Miami for vivol International Home Show in accordance with the contract documents furnished by the City of Miami, dnd for the price and upon the terms and payments contained in the proposed contract submitted by the City of Miami. IN WITNESS WHEREOF, this , •�G �f' day of JP WITNESS CHAIRMAN, Board of irectors i' 83-598, r. T SCHEDULE "A" (Rr!ferra-1 to in Agrel,mt:nt for use cf Municipal Facility between City of Miami. and Expr), it -ions Promotions International.) Initial tt.n (10) year schedule of show dates for one (1) annual Lxnositions Promotions International, Miami International Home Show. VJ64 May 1 - May 10 19135 May 7 - May 16 1`-'PO May 13 - M.iy 22 1987 May 12 - M.iy 21 1988 May 10 - May 19 1 `!E39 February 28 - March 9 19�f7 February 27 - March 8 19?1 February 26 - March 7 1992 March 3 - March 12 1993 March 2 - Mar--h 11 (i day s, t u1------- 2 day lismantlo) 83-598+