HomeMy WebLinkAboutR-80-0587RESOLUTION NO. 8 0 J 8 7
A RESOLUTION AUTFORI7.ING THE CITY MA14AGER
TO EXECUTE AN AGREEMENT WITH EXPOSITION
CORPORATION OF AMERICA FOR THE USE OF THE
MARINE STADIUM FOR THE PURPOSE OF CONDUCTING
ANNUAL POWER AND SAILBOAT SHOWS, IN CONFORM-
ANCE WITH THE TERMS AND CONDITIONS AS SET
FORTH IN THF. ATTACFED AGREEMENT.
BE IT RESOLVED BY TEE COMMISSION OF ThF CITY OF
MIAMI, FLORIDA:
Section I. The City Manager is hereby authorized
to execute an af^reem,ent vrlth the Exposition Ccrporation of
America for the use cf the Marine Stadiuri for the purpose of
conducting; annual power and sailboat shows, in conformance
v;ith the terms and conditions as set forth in the attached
agreement.
FASfFr AND ArOF'TF.r THIc 24 day ofJuly 1980.
"-fAURICE A. FERRE
MAYOR
A"'TEST:
ty e
REFAREr AND APPROVED BY:
APPROVED AS TO FORM AND CONRF.CTNFSS:
"SUPPOPTIIV/ E
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CITY COMMISS+O1 1
MEETING OF
JUL? 4 080
=1jj110N NO...»..»....... 7
cIry cV atin>1i. _orlon
INTrR-OFFICE MEMORANDUM
Joseph R. Brassie
City Manager
ennInirector
St u,s ainas Department
.,.,_ July 3, 1980 FILE
Agreement between the City of
Miami and Exposition Corp. of
America for use of Marine Stadium
I—N"I r,
(1) Resolution
(2) Agreement
_. The Exposition Corporation of America has heretofore
contracted with the City for the use of the Marine
Stadium for the purpose of conducting power and sail-
toat shows therein, and now wishes to enter into a
lenp-tern: agreement for annual power and sailboat shows.
at the Yarine :'tadium.
An agreement has been negotiated which provides for
a term of five years, with an option of five additional
years.
The Department of Stadiums and Marinas recommends that
the City Commission pass and adopt the attached Resolution
authori^inr the City Manager to execute the attached
agreement between the City and Exposition Corporation of
America.
cc: City Attorney
"SUPPORTIVE
DOCUMENTS
FOLLOW"
80- 587
E
t
AGREEMENT FOR THE USE OF THE
MUNICIPAL I�ACI ITY
KNOWN AS MIAMI MARINE STADIUM
THIS AGREEMENT made and entered into this day
of , 1980, by and between the City of Miami, a
municipal corporation of the State of Florida, hereinafter
referred to as "City," and Exposition Corporation of America,
Inc., a Florida corporation, hereinafter referred to as "User."
W I T N I? S S E T If:
WHEREAS, the City is the owner of a facility known
as the Miami Marine Stadium; and
WHEREAS, the User has heretofore contracted with the
City for the use of said facility for the purpose of conducting
power and sailboat shows therein; and,
WHEREAS, the parties are desirous of entering into
a long-term agreement providing certain terms for the use of
the aforesaid facility by the User for additional power and
sailboat shows.
NOW, THEREFORE, for and in consideration of the mutual
covenants hereinafter contained, the parties hereto do hereby
agree as follows:
1. 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 Miami Marine Stadium, hereinafter
referred to as "Facility", located at 3601 Rickenbacker Cause-
way, Miami, Florida, under the terms and for the purpose 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 power and
sailboat shows set forth on Schedule "A" attached hereto, and
for no other purpose.
3. The periods of said use shall be for a term of
five (5) years, in accordance with the specific time periods
within each of said five (5) years, as set forth in Schedule "A"
"SUPPORTIVE
DOCUMENTS
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80- 587
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attached hereto. Additionally, the User shall have an option
to extend his periods of use of the said facility for his
power and sailboat shows for one additional consecutive five
year term, for specific periods of use within said option term,
as set forth in Schedule "B" attached hereto. The exercise
of the option term shall be contingent upon User's not being;
in default of any of the provisions of this Agreement during
the preceding term. Also, if the User fails to present the
power and sailboat show covered by this Agreement for two
successive years, as scheduled, then the City reserves the
right to immediately terminate this Agreement. If, however,
the reason for Users failure to present the power and sailboat
show is because he is moving that particular event to a
facility in the South Plorida area which is not owned by the
City, then the City may, immediately upon first notification
of cancellation of the show, terminate this A€�reement.
4. The City shall be identified as "The City of
Miami" or "lfiami" in all press releases and other promotional
materials prepared by the User and/or his staff. This identi—
fication shall be included in all the above material.
5. User hereby agrees to pay the City for the use
of said facility in an amount in accordance with whatever
standard rate schedule for use thereof may be adopted by the
City from time to time during; the term of this Agreement. It
is understood and agreed by the parties hereto that the rates
established for User shall be computed in the same manner as
rates for all other users of said facility presenting events
of the sarne or similar type during the period for which any
particular rate schedule is adopted. It is further understood
and agreed by and between the parties that the User will
furnish a satisfactory Performance Bond in the amount of Two
Thousand Dollars ($2,000) within ten (10) calendar days after
the execution of LEIS �'Irreement. Faic; performance bond
"SUPPORTIVE
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attached hereto. Additionally, the User shall have an option
to extend his periods of use of the said facility for his
power and sailboat shows for one additional consecutive five
year term, for specific periods of use within said option term,
as set forth in Schedule "B" attached hereto. The exercise
of the option term shall be contingent upon User's not being;
in default of any of the provisions of this Agreement during
the preceding term. Also, if the User fails to present the
power and sailboat show covered by this Agreement for two
successive years, as scheduled, then the City reserves the
right to immediately terminate this Agreement. If, however,
the reason for Users failure to present the power and sailboat
show is because he is moving that particular event to a
facility in the South Plorida area which is not owned by the
City, then the City may, immediately upon first notification
of cancellation of the show, terminate this A€�reement.
4. The City shall be identified as "The City of
Miami" or "lfiami" in all press releases and other promotional
materials prepared by the User and/or his staff. This identi—
fication shall be included in all the above material.
5. User hereby agrees to pay the City for the use
of said facility in an amount in accordance with whatever
standard rate schedule for use thereof may be adopted by the
City from time to time during; the term of this Agreement. It
is understood and agreed by the parties hereto that the rates
established for User shall be computed in the same manner as
rates for all other users of said facility presenting events
of the sarne or similar type during the period for which any
particular rate schedule is adopted. It is further understood
and agreed by and between the parties that the User will
furnish a satisfactory Performance Bond in the amount of Two
Thousand Dollars ($2,000) within ten (10) calendar days after
the execution of LEIS �'Irreement. Faic; performance bond
"SUPPORTIVE
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f
rerlain in effect `.'cr the duratio I of the Agreement, except that it
will be forfeited in the event ti,e User cancels any one of the
specified :,vows enumerated under this 1.frcerent t'rith 1Nss than
six (C) months notice halving been f~iven to the City of the said
cancellation. In the event that a Ford is forfeited pursuant to
the above, within ten (10) clays frorr such forfeiture a new bond
must be furnished far the remainder of 1',^er' c :,eheduled S}lowr. . In
the evert User fails at any required fire to T,or,t .ornid p(-i-formance
bond, upon ten (10) days wilittet, notice: of Intention to do so the
City s ha17 !)nve t! e rj;-!;t, to cor.t.: act v: iti, ot!:er pnr'tilles for the
period cf, use :;chF:t'.ulec. for enrujn shot'::,. T'scr'r l.Iahillty or
failure to conduct any scY;Eduled :-,ltow wlt.-,nut r-,lvinr the re(,,uired
notice of c:?ncellntic)n sh-,11 he j1r^jt:cd t(- termInrAlon C)r that
show irl ncccrdaI-,ce r:jt1, !'-arh i,(,retc;, and `'c,r'oituI-e of the
A po: tee. T,f
TI; aCditlOii tU the :;`. nt�:t1': :'ntr' �'i1r l..lr" C' t!lc'
facility, !�;7er' ~ref::. to T tl-E, lit:'-, c .. ,ie:„ar.ci, : l:c!: Cr cr ',url:
as ma,,r,e luc tE- . u� . Cit;,y fc'I' n!:'.it.ic'n.al
„{ ., , �. r i } �..; ] T . E'1' may c .. n rE'f' ? ! t',e rart I es
Or C;att2 �..�. Ur :i:_,ilf � �� . ,i •� .
hereto.
7 . r'; el �.rf e t!.at ir: the twrnt t!:rit' Ci L`;
eiectrlcj^r- %re '(-�r %n` t01:,r)orary t'If-c".rical 1':lrinr
titan currE r.tly e}:j rtr, :itch
exT)c,nrc. I'r:y r:.111 :11, ,:111 re ? scr's responsibility.
it use. tc
1.11:tall t1l:;r' teL'T01,t1r, wlrjn. -, a Cit,r of ''i;':r''. r.-lectrician will 1,e
renuireG for GtrLnfll'ti :',,rviCE1S at i',er': t }:rcnc.c t•:hen the r,eneral
Public i.. ; 21 r_`tt r,u:lrtce r.t•. the
��. rr!;E, ',?;<t',?' i:('rc•i%;, C'OVE'1ldnt;r `lricl E;r��.''.C: t:E� C.E•fE`n�.,
inder..rAj ,: ;-nd sr,v harmless, the City ?,.rain t an'y -ff,(i r111 claIMS,
suits, actions for damaf-,es, or causes of action arising" durjnr- the
term of t.!;:� for any i',ersc'rlal in.jurv, lcs: of life, or
to t•rcr.crty, .-ur.taj twd t-y retl::c;n of or a^ a result of the
User's (it:, aI',ent;, emiplc,yees or worl-men) careic.-sr.r.ess or ner-lif'•ence.;
frog: and n F-,ainst nny order, ,Judi-ments or (lecrees, which Tray be
entered t!-'erc.on; nno, af;alnrt 'III cost-, attorneys, foes,
expense^ anu lialilities Incurred ir, t!,t, de"onse of nny suer C1^im.-
and the Invent i.r..(A;c,n t l:er'eof . "SUPPORTIVE
DOOUiviL' NTS
FOLLOW"
10. No later than five (5) days prior to commencement
of any of the shows referred to by Schedules "A" and "B" hereto.
User shall provide to the City, in either cash or a cashier's
check, a damage deposit in the amount of Two Thousand Dollars
($2,000). Subsequent to presentation of each show, this amount
shall be returned by the City to the User, less deductions
withheld by the City to reimburse it for damages caused by
User or his exhibitors to the facility. In satisfaction of this
requirement, User may, at his option, place Two Thousand Dollars
($2,000) into a City account on which interest will accrue to
User's benefit, and from which amounts will be withdrawn when-
ever it becomes necessary for the City to do so to reimburse
the City for damages taus d by User or his exhibitors to the
facility. If any funds utilized by the City from this account
result in a reduction of its balance to below Two Thousand
Dollars ($2,000), the User shall restore the account balance
to the Two Thousand Dollar ($2,000) level within ten (10) days
of receipt of a request from the City to do -so.
11. The City reserves the right to enter the facility
at any time during the period of use that it may, in its sole
discretion, deem necessary.
12. The City reserves the right to remove from the
facility all User effects remaining in or on the grounds of the
facility after the end of the term of use for each show, at
the expense of the User; or to charge storage at the same rate
established for use of the facility, for 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 term of use.
For purposes of this provision, "move -out time" shall be
considered to be a part of the term of use.
13. User agrees to provide a diagram of the proposed
show layout to the Office of fire Prevention, 3342 Pan American
Drive, Dinner Key, Miami, Florida, and obtain the permits required
"SUPPORTIVE
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FOLLOWY? _
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by Section 17-326 of the Code of the City of Miami, relative
to fire safety.
14. The User hereby acknowledges that he has read
the "Rules and Regulations for Use of City of Miami Municipal
Facilities," that the provisionsthereof are fully understood,
and that by execution of this Agreement User certifies that
he will abide by each and every rule and regulation set out
therein without the need to have said rules and regulations 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 any such
changes or amendments. In the event that any such rule or regu-
lation is in conflict with any provision of this P.greer.;ent, the
provisions set forth in this AE_�reement shall apply.
15. User agrees that he shall not under any circumstances
permit anything (fence posts, nails, etc.) to be driven into
the parking lot surface, walls, or any other surface of the
facility without the express written permission of the facility
Manager.
16. User also agrees to provide a diagram of each
proposed entire show layout annually for the facility 'Manager's
approval prior to either distributing the layout for public
consumption or selling any of the exhibit space. Such approval
shall not be unreasonably withheld.
17. User understands that the exclusive privilege
for sale of food and beverage at the facility 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 his event without concessionaire
approval.
18. User hereby agrees to provide public liability
insurance with limits of $100,000.00/$300,000.00, bodily inlury
"SUPPORTIVE
DOCUMENTS
FOLLOW"
t and :10,000 property damage. User shall have the option of
using one of the following described methods to provide such
coverage:
(a) Provide the City with a certificate of
insurance from User's then current policy and a copy of an
endorsement naming the City as an additional insured thereunder.
(b) Purchase a policy with the'required limits
to specifically cover a show, naming the City as an additional
insured thereunder; and provide the City with a copy of said
policy.
(c) Obtain coverage through a special events
policy in the event such policy is procured by the City. In
the event User chooses this method, and in the event there is
a deductible for occurrence on bodily injury and property
damage coverages under said special events policy, the User
will be liable for the payment of the deductible of any claim
in connection with the policy.
(d) User hereby agrees to notify the City, on
or before thirty (30) days prior to the date of any scheduled
show, of the method of providing said insurance chosen by the
User.
19. The City hereby agrees that, during the term
of the use of the facility by the User, the City will furnish,
at its expense, light for ordinary use, water for all reasonable
purposes, janitorial service, restroom supplies, and all other
services and supplies ordinarily provided by the City for other
users of the facility. User will pay for any utilities or
services provided at the request of User, other than those
specified above.
20. Should the City lease the Miami Marine Stadium
to a private operator, the City hereby reserves the right, at
its sole and exclusive option, to terminate this Agreement in
S UPPORTIVE
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its entirety and return to the User any and all deposits made
to the City by the User. City shall be required to provide
the User with six (6) months written notice before termination
in accordance with this provision will be effective.
21. The parties hereto agree that the User shall
have the option, upon no less than six (6) months written notice
to the City, to cancel its use of the facility -for any of the `
particular shows set forth in Schedules "A" and "$" attached
hereto. In the event that User exercises its option to cancel
under this paragraph, it shall thereupon be relieved of its
obligation under this Agreement vjith reE;ard to forfeiture of its
performance bond for the canceled show.
22. The parties hereto agree that in the event that
the facility is condemned; or so damaged due to fire, windstorm,
or other catastrophe that the City decides not to repair or
rebuild; either party may cancel, terminate, or declare this
Agreement to be null and void.
23. In the event that the City determines that the
facility shall no lonf;er be utilized as a facility for trade
or public exhibitions or any other events of this nature, or
if it is determined by the City, using; reasonable industry
standards, that the User's performance under this Agreement does
not at least equal said industry standards, the City may elect
to terminate this Agreement provided that said termination shall
not be effective until six (6) months after written notice
has been delivered to User.
24. The City hereby agrees that, during the term of
this Agreement, so long as User is not in violation thereof,
the City will not grant the use of the facility, within sixty
(60) days before or after any one of the power and sailboat
shows shown in Schedules "A" and "B" for the purpose of conducting
thereat a show which, in the reasonable Judgment of the City
Manager of the City, constitutes a similar or competitive show.
"SUPPORTIVE
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FOLLOW"
25. User shall not assign this Agreement or sublet
the premises or any part thereof, or any other privileges
granted by this Agreement, without first obtaining the prior
written consent of the City Manager of the City of Miami. Said
consent shall not be unreasonably withheld.
26. The parties hereby agree that all terms and
conditions of this written fg7reement shall be binding upon the
parties, their heirs and assigns, and cannot be varied or waived
by an 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 of the respective
parties.
e- It is understood and agreed that the parties
hereto intend that this Ai,,reement shall be a license Agreement,
and that no leasehold interest is conferred upon the User
by reason hereof.
IN WITNESS 1.,.'H :RFOF, the parties hereto have caused
this Agreement to be executed by their officials thereunto duly
authorized.
ATTEST:
By
CITY CLERK
ATTEST:
SE RETARY
THE CITY OF MIAMI, a municipal
corporation of the State of
Florida
By
CITY MANAGER
FXPOSITION CORPORATION F AMERICA,
INC.By
/
RESIDENT
APPROVED AS TO FORM AND CORRECTNESS:
"SUPPORTIVE
ca,44-� GE R , F. Kid �, J , CITY TTORNJ V DOCUMENTS
FOLLOW"
n
VCIiFCi'L1_; "A"
09ef'erred tc. in A('.PFF'*J',T1' lynp TIT TIM,', Q1' T11Y.
:'ACILITY AC, 1I1TA"°T T•iAPTT:j? c"ALI' "1 reti,reen City of
i' laml and I'.xFo: itlon Ccrporation o:' America).
I J vc yenr schedule or :'iirmer ?`n,.,er and Failbo. t "!hoof
dates tl:e rliard 1'arine stadium.
v -In
I
uly
30,
31
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lu2y
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July ,,,
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�711:y
Jul.vP,ur.
"SUPPORTIVE
DOCUMENTS
FOLLOW„
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