HomeMy WebLinkAboutM-83-0206J
CITY OF MIAMI. FLORIDA
10 INTER -OFFICE MEMORANDUM
COMMISSION ACTION
To Howard V. Gary
City Manager
All FROM 'A1ber H. /owjrd, irector
Department of Recreation
DATE March 7, 1983 FILE
SUBJECT Cuban Municipalities
Great Fair at Orange
Bowl - April 6 thru
April 10, 1983
REFERENCES
ENCLOSURES
It is recommended that the Cuban Municipalities
Great Fair Chairman be allowed to appear before
the City Commission on March 18, 1983 to present
their request to sponsor a Festival and Fair on
the Orange Bowl's grounds, April 6 thru 10, 1983
with closing of the streets 6th between 14 & 16
Avenues N.W. and 15 Avenue between 6 & 7 St. N.W.,
and with waiver to sell beer and wine on said
dates.
The Cuban Municipalities Fair Corp., has requested to appear before the
Commission at the March 18, 1983 meeting.
This organization is planning to hold a Festival, Carnival and Fair, on
the Orange Bowl's grounds from April 6 thru April 10, 1983 with closing
of the streets 6th between 14 & 16 Avenues N.W. and 15 Avenue between
6 & 7 St. N.W. As part of the program they will present: Horse rides;
Horse show; Music; Food; refreshment, and beer. They have estimated that
the Carnival -Fair will attract over 50,000 visitors.
Included in the Carnival are fireworks which will be of noiseless nature.
It is recommended we grant their request to present their proposal for
Commission consideration.
AHH/AHL/ar
-ti
FACT SHEET EVALUATION
CUBAN MUNICIPALITIES GREAT FAIR
2485 W. Flagler St.
Miami, FL. 33125
Tel. 649-9891 - 635-1047
Chairperson: Santiago Blanco
Amount Requested . . . . . . . . . . . . . . - 0 -
Amount Approved Festival Committee . . . . . . - 0 -
Amount Now Recommended . . . . . . . . . . . . - 0 -
Type of Event: Carnival Fair at Orange Bowl with booths -
rides; horse show; music; food; refreshment, beer. With
streets closing 6 St. between 14 and 16 Ave. N.W. and 15
Avenue between 6 & 7 St. N.W. Sale of beer and wine.
Sites: Orange Bowl - and adjacent streets
Dates: April 6 thru 10, 1983,Requested
Cash Match: Self-supporting
Audience Expected: 50,000
This event must fulfill the requirements and permits from
City departments of Police, Fire, Sanitation and Orange
Bowl Stadium, as well as waiver from City Commission for
the sale of beer and wine and hold harmless clause freeing
the City from any liability or legal responsibility should
be required as well as allowing only a noiseless firework
displays. Entire festivities should be restricted to a
two day period only extending from 10:00 a.m. to 10:00 p.m.
each day.
4k�te H.` v�ar , Di rector
Department of Recreation
83-20i
CUBAN MUNICIPALITIES FAIR CO.
2485 W. PLAGLER STREET
MIAMI, FLORIDA 33125
PHONE: 649.9891 - 635.1047
February 8, 1983
Nr. Howard Gary
City Manager
City of Miami
Miami, Florida
Dear Mr Gary:
By this means we respectfully request your permission to celebrate
in the Orange Ball's premises, our First Great Fair that will take
place the 6th to April loth, 1983.
This First Fair will have the following spectacules:
- Ride s
- Home Show
- 1:usic
- Food, refreshment, beer
(Space to be closed: 6th Street between 14
and 16 Avenues . -
15th Avenue between 6 y 7 Streets).
For your perusal enclosed please find copy of the "Agreement for
the use of YuniicinaFacility", dated January 31, 1913, for the
rental of the rage 1 Stadium.
�,e thank you in advance for your consideration to this matter.
cer
Lik
oS agn
Pres_dent and
Chairman of the F
l
83-20€;
A
I
Frank B. Hall & Co.
P.O. BOX 17200 — Telephone 512 - 828.1211
SAN ANTONIO, TEXAS 78217
CERTIFICATE OF INSURANCE
This Certificate of Insurance neither affirmatively nor negatively amends, extends or alters the coverage afforded by
the Policy (ies) described hereon, and is issued as a matter of information and confers no rights upon the holder.
The Policy identified below by a policy number is in force on the date of certificate issuance. Insurance is afford-
ed only with respect to those coverages for which a specific limit of liability has been entered and is subject to all
the terms of the Policy having reference thereto. Nothing herein contained shall modify any provision of said Policy.
Any Carnival Liability insurance made a part of the Policy includes as a person insured with respect to an
occurrence taking place at a Carnival site (1) the fair or exhibition association, sponsoring organization or
committee (I1) the owner or lessee thereof and (III) a municipality granting the named insured permission to
operate a Carnival.
Name and address of insured
AMUSEMENTS OF AMERICA, INC., a AL
37A Federal Road
Englishtown, New Jersey 07726
Name and address of certificate holder
Cv13AN N►vIVI t, t r-/ ril R t �t?port wr�o.�
TYPE OF INSURANCE 15
LIMITS OF LIABILITY
DESIGNATED BELOW
COVERAGE
Each Occurrence
Policy #
Inception
/Ezpirotion
Carnival LIABILITY
B. 1. LIABILITY
$1,000,000 *CSL
GLA 354655
1-27-82/4-27-
COMPANY [PRIMARY)
P. D. LIABILITY
sINCLUDED
Aire Fire & Marine
FOOD PRODUCTS -
$INCLUDED
Insurance CO.
APPLIES TO CONCES•
SIONAIRES FOOD PROD.
UCTS ONLY
Carnival LIABILITY
B. 1. LIABILITY
s4,000,000 *CSL
6182-3337
1-27-82/4-27-
COMPANY (EXCESS)
P. D. LIABILITY
$
Granite State
Insurance Co.
TOTAL LIMITS:
$5 000 OOO' *CS
LIMIT
ADDITIONAL INSURED: CITY OF MIAMI.
DATES:
12_16_81/MB/bam
Date of Certificate Insurance
�s,
FRANK B. HALL A CO.
3
$301"i2ol;
0
CITY OF MIAMI. CLOWDA
INTER -OFFICE MEMORANDUM
Howard V. Gary
City Manager
Cesar H. Odio
Assistant City Manage
:-t. February 23, 1983 °--
o Cuban Municipalities
Great Fair at Orange
Bowl - April 6 thru
_FFRENC_s 10, 1983
(City Commission Meeting
ENCLOsURE;Of March 18, 1983)
It is recommended that the Great Fair
sponsored by the Cuban Municipalities
at the Orange Bowl, April 6 thru 10,
1983 be approved contingent to the
proper signing of Documents, Permits
and Waivers. It is also recommended
that henceforth fairs and events of
this type not be held anymore at this
site.
Our recommendation is contingent upon the following:
1. Wednesday and Saturday, April 6 - 10,
the Fair will close at 10:00 p.m.
2. Thursday, Friday and Saturday, the
Fair will close at 11:00 p.m.
3. Noise levels should be adequately
monitored by the organizers.
4. No approval for sale of beer, wine
or any other alcoholic berverages.
5. 6th Street between 14 and 16 Avenue
N.W., and 15 Avenue between 6 and 7
Street N.W. All streets and avenues
listed above should be closed to
traffic for the duration of Carnival
April 6 thru 10, subject to the
issuance of permits by the Police &
Fire Departments.
83-206
Pti 8'4IESS OFFICES
SHE R/s, 7�vlvo
Federal Road
I BaOt0� Enp own, N. J. 07726
201 . 446.7144
MORRIS VIVON PHILIP A. VIVONA
1 Glen Rood 24 Glenwood Rood
W. Caldwell, N. J. 07006 Colts Neck, N. J. 07722
201 . 228.0240 201 - 946.4301
SOUTH JOHN VIVONA "BABE" VIVONA DOMINIC VIVONA
44301 S.W. 1Ave. 7275 S.W. 137th St. 14730 S.W. 85 Lane 9424 S.W. 142 St.
Princenton, Flaa.. 3303? Miami Fla 33158 M am Fla33193 ILAFI 33176
305.245-2020 1 1, . ,am,, a.
305 - 238.3555 305 - 270.0537 305 - 251.2279
CONTRACT AND AGREEMENT
SEASON 19 ... 3.
THIS AGREEMENT, made and entered into this ................ ..�:�.......... day of ....... 19..... E-+..
by and between AMUSEMENTS OF AMERICA, INC., hereinafter referred to as "party of the first part," and. ...............................................
.............. .... I .............. 1................................................ 2�;!P........................................................................................
of the City of ....... %�/, �!+�ti.................and State of .....,r.,, " ............... hereinafter referred to as "party of the second
part.,.
WITNESSETH: That for and in consideration of the sum of ONE DOLLAR (S1.00) paid by each of the parties to the other, and for
other good and valuable considerations, receipt whereof is hereby acknowledged, the parties hereto agree as follows:
y�
Party of the/second part agrees to present AMUSEMENTS OF AMERICA INC., in the City of ... ............ .:'1....:.'.."Y'.....r........................
State of .......... ...{,;,,,.,,,,,,,,,.,,,, for a Period commencing on or about ..........
lt:^/7............46 ..............., 19........
and ending on or about .................. .... A0........... 19.... e, 3..
Party of the first pi;,1;; to furnish without expense to the party of the second part, all paid attractions, shows, ridingdevii:es,
tickes, and box".
Party of the second part is to obtain and furnish party of the first part a suitable location for its operation to be known as :.............
D�........ -..:. �..�...�s............................................�'.........
........l..J�r......... ...Y..✓..� '.�'.:W'f.........................................same to be cleared of brush, refuse and other objectionable matter, and to be
in such good condition that the attractions may be conveniently set up and so that shows may exhibit without discomfort to themselves or to the
public. The responsibility of restoring and cleaning of amusement area to original order after final day of engagement will be assumed by
party of the second part. A/Q
Party of the second part will pay S......l..l..4.4....... towards all licenses that may be re0uired by law to operate. Party of second part
will furnish newspaper and radio advertising, water, ticket takers and sellers, police protection.
4 /SOD
Party of the First part will provlda..�.. .0......... advance
dvan a sale ticket books at Is..... �Tr��t4................. each. And will
also Prove................`..............advance sale strips at IS............ ..........0each. Sponsor percentages on advance sate to be paid as follows
orr
......���.......��...�i�c.4�.............,�.P..P........... �e't-.�r--..........,,�....Q........................
i,>,tx....................................
Merchants tickets for promotion will be provided by .... ............................ .`...................................... if Wrist Band promotion is
used the date will be..............................................................and the hours will be................................ . :7:7.=.........................................................
Posting paper to be furnished by........................................................................... If advertising Flyers are used, they will be furnished by.............
.............................. ................................... .... =............ ............. ............................................................................. ............. .......................... I............
Party Of the first part will supply use of power plant, diesel fuel, wire, sOCkets and labor to the party of the second part for their
equipment and Concessions for the sum of ti............................................... for the entire engagement.
Settlement Of shows and rides to be made: at be CIOse of each dayf business. Rental fee of Concessions operated by the first part will be
settled on........ .. ..............I.... day of engagement.
Toilet facilities should be furnished by .......
1 4; ✓/..s�i..Yi.................. .. ................. ......................
Party Of the first part agrees to pay party of the second part.......""'. .. ......... per Cent Of the gross money taken in on all riding
devices operated :Those t� are agreed upon ano listed to be spectaculars by both parties, are to be paid the following percentages: .........................
..f--+�7/...." emu ....... ......... . ...... ... .. O ovv.`.................................
~.................?-�''.... -3 n..7....?'. .........
Spectacular ride gross Is to be considered separate, and not part of regular ride gross.
Party Of the first agrees to pay party Of the second part a .......................................... per Cent Of all shows.
......................................................................................................................................................................................................................................
......................................................................................................................................................................................................................................
Party of the first part will deduct the Cost Of Public Liability Insurance and Property Domage insurance from the gross receipts In
thefollowing manner ...........................................................................................................................................................................
The percentages above mentioned shall be based on the gross receipts after deducting Federal. State or other taxes, If any, that
may be repuirtd to be paid on admissions.
Party Of the first pert will pay party at the second part/25... X................. for each privilege stand it operated during entire
engagement.
PRIVILEGE STANDS to consist of pop-cofn -stand Complete, which Includes (Pop corn. Candy Apples, Cotton Candy, Drinks , Novelties.
Frozen custard, Jewelry, French'FirrieDs, Pizza, Phhottos. Italian Ices, Tee Shirts.
and various games where permitted, anti other types of stand
sale booths ............................ .h' `.. ..........Y"... :.. ...... ......... s^:......................................... »......... »..
......................................................................................................................................................................................................................................
It is understood that should any privilege star.d be closed during any portion of the above mentioned period, then the amount t0 be
paid by the party of the first part for such privilege stand shall be prorated for the time It Is actually in Operation.
Party of the second part agrees not to book or contract any attraction similar to the one operated by the party of the first part so that any such
other attraction shall appear In 80Ove City Preceding the period above mentioned. Party of the second part also agrees to endeavor to prevent
any shows from exhibiting Or operating In the above city unless with the Consent and under the management of party of Inc first part.
Before party of the first DartIs bound by this agreement, the same must be approved In writing by Morris Vivona, general representative
Of party Of the first part.
Party of the first part shalt not In any way De liable for any damages expenses caused by any failure or delay in the presenting one
of Its attractions as hereinafter provided if Caused by war, rlots, strikes. governmental regulations, labor difficulties, transportation ddficulties.
Cyclones, adverse weather conditions, gasoline or diesel Oil shortages Of any Other accident Or circumstances Over which the party Of the
first part has n0 Control.
REMARKS:
Signed this ........ Z... day of .... ........ 19.. Cr.3
THIS DATE TO BE ADVERTISED AS
AMUSEMENTS OF AMERICA
P+rtV of the irst pa
By .»».......
...
».....
../................................ .....»..
...»....»........ ..........................
la 6
Party of the second p
CITY OF MIAMI, FLORIDA
AGREEMENT FOR THE USE OF MUNICIPAL FACILITY
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 referred to as the
"City" and Cuban Municipalities Fair, Inc., Corporation of the State
of Florida, with its principal office located at 2485 W. Flagler St.
in the City of Miami, Florida 33125; telephone number (305)635-1047,
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 PARKING LOTS, the said facility to be
entered upon or into for the purpose of presenting a carnival for
public enjoyment on Parking Lots N2, N31 W31 W11 W2 and the North
half of Lot E1 and for no other purpose whatsoever, for the period
commencing on the 6th day of April, and terminating on the loth day
of April, 1983 not including "set-up" and/or "dismantle" time.
If required, set-up shall be from the 3th day of April, and dismantle
shall be not later than the 13th day of April 1983. (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 for the use of said facility:
Eight hundred seventy dollars ($870.00) per day minimum
rental, plus 5% State of Florida Lease Tax, unless we are
presented with a tax excempt certificate. The above is
computed based on 0.500 per car space on each lot in accord-
ance with City Ordinance.
2. To pay to the City four thousand three hundred fifty dollars
($4,350.00) of the contract price on the execution and deliv-
ery of this Agreement, plus 5% State Tax, unless we are
presented with a tax excempt certificate.
83-206
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, replacement
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 payments for services
shall be forfeited if, through the fault of the User, the
event is not held on the dates and times contracted.
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 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
period. For purposes of this provision, "dismantle time"
shall be considered to be a part of the contract term.
B. 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:
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 Facili-
ties", that he or she fully unserstands 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 12
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 against the City of 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 investigation thereof.
12. The User agrees that there shall be no discrimination as to
race, sex, color, creed or national origin in connection
with any operation under this Agreement.
- 2 -
83-20Ei
f
W
THE PARTIES HEREBY MUTUALLY COVENANT AND AGREE:
13. That the following additional provisions shall be adhered to:
a. User must contract the City of Miami Police Department
for sufficient security prior to, during and after the
event. Police to be paid directly by User.
b. User is responsible for daily cleanliness of area and
regular trash and garbage removal. User agrees to
provide, at his own expense, two (2) two-yard.trash
containers per parking lot, for use during the time
of this contract.
c. User agrees to pay to cleaning contractor for the
daily cleanup of every lot used by the fair, to
include all surrounding areas affected by the fair.
The final cleaning will begin not later than the
following day after the closing of the fair.
d. User will install all staging and props, including
special lighting,*etc. at own expense, same to
be approved by Stadium Administrator.
e. User agrees to pay City $150.00 per day for electrical
usage, if any.
f. User agrees to provide, at his own expense, prtable
toilet facilities as determined by Stadium Administrator
for use prior to, during and after event. Approximately
6 per lot are required.
g. User agrees to obtain at his own expenses all necessary
permits for the rides, concessions and booths in
connection with this event.
h. Insurance coverage is required
through the office of the City
located at 65 S.W.' 1st Street,
policymust be endorsed to name
insured, and the City is to be
of same. The company must be
and is to be cleared
of MIami Risk Manager,
Miami, Florida. The
the City as additional
provided with certificate.
acceptable to the City.
i. Damages will be jointly assessed by the Stadium
Administrator and, if any are confirmed, repair will be
paid for by the User. User shall return the parking
lot of the City in the same condition as ti was when
it was received.
J. User to'furnish.power generators for all fair rides,
booths, concessions, band stands, etc.
14. That the parties intend that this document shall be a
License Agreement and that no leasehold interest is
conferred upon the User.
- 3 -
83-206
0
G'
IN WITNESS WHEREOF, the parties hereto have individually
and through their proper corporate officials executed this Agreement
the day and year first above written.
WITNESSES
Witnesses:
(As to USER)
(Note: If User is individual and not
a corporation, two witnesses must
sign).
APPROVED AS TO FORM AND
CORRECTNESS
City Attorney
THE CITY OF MIAMI, FLORIDA
BY
Stadium Administrator
Title
USER Cuban Municipalities Fair, Inc.
WA
APPROVED AS TO INSURANCE:
Insurance Manager
83•-;ZOG
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 DAB )'
TO WHOM IT MAY CONCERN:
This is to certify that Felipe. S. nannn ._
is authorized to sign contracts
on behalf of Cuban M,,nirinat j,t'1PS F`f];Yr„Tnn.
a. Committee with its principal place of business
at 1301 N.14. 32 Ave.,•Miami, F1 33125
0
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 the
Department of Stadiums and Marinas.
By • 6..
SWORN TO AND SUBSCRIBED before me this .:
!1 .
0o
Name - _Zitle
ay ° C/�,.�,
G�
, ZZ,
TARY PUBLIC
State of'Florida at Large
My Commission Expires:
NOTARY PQRLIC STATE OF FLORIDA AT LARGE
MY COMMISSION EXPIRES SEPT • 12 1984
BONDED THRU GENERAL INS . •UNDERWRITERS
SEAL
83--206
'CORPORATE' RESOLUTION
WHEREAS" Cuban Municipalities Fair, -Inc.
desires to enter into an agreement with the -City of Miami for
use of Orange Bowl Stadium Parking Lot
and '
WHEREAS, the 'Board of Directors of• Cuban Municipalities
T
Fair, Inc. has -examined terms, con-
ditions
and obligations of
the proposed
contract with
the
City of
Miami for use 'o•f
Orange Bowl
Stadium Parking
Lot
and
1,7HEREAS, the Board of Directors at a duly held corporate'
Meeting has considered the matter in accordance with the
By -Laws of the corporation;
NOW, THEREFORE, BE IT RESOLVED BY.THE BOARD 0P DIRECTORS
OF Cuban Municipalities Fair,Inc.
that the president and secretary are h6rehy authorized and
instructed to enter into a contract an the'name'of and on behalf
of this corporation with 'the 'City of Miami for use of
Orange Bowl Stadium Parking Lot
in accordance with 'the 'contract documents 'furnished by. the City
of Miami, and for the 'price and upon' the 'terms 'and- payments. con-
tained in the 'proposed contract submitted by the City of Miami.
IN WITNESS WHEREOF, thisday of ,
i9 83 _
CHAIRMAN,' Board of Directors
ax
fitness
N•W. 6Sf
w
I
FAIR
N. w. * s
Orange Bow
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Kjo
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