HomeMy WebLinkAboutCC 1979-02-26 Discussion ItemCITY OF MIAMI FL ORIDA
TO
INTER -OFFICE MEMORANDUM
Mayor Maurice A. Ferre
Vice Mayor J. L. Plummer
Commissioner Armando La Casa
Commissioner Rose Gordon
ssionex (Bev.) T. R. Gibson
R.1• G. Ongie
City Clerk
February 27, 1979
Transcript of questions to
Ms. Betty Palm regarding her
attest of Summer Boat Show
Agreement
At the request of the City Commission, I administered the oath
to Ms. Betty Palm at 9 A.M. Tuesday, February 27, 1979 and
asked her the two questions directed by Commissioner Gordon.
The following is taken from the tape recording made at this
question period.
"Today is Tuesday, February 27, 1979, the following recording is
made at the direction of the Miami City Commission in an
interrogation concerning the matter of of the scheduling ofFthe
Summer Boat Show, the person to be questioned is Betty Palm.
City Clerk: I would like you to examine this document which is
a standard City of Miami, Florida Agreement for use of a Municipal
Facility that is dated December 12, 1978 between the Exposition
Corporation of America and the City. If you will examine it in
all of its pages, I think there are three or four pages to the
document.
Ms. Betty Palm: (After examination) "All right, what is it you
want me to tell you"?
City Clerk: Okay first I have to, if you will raise your right hand.
Do you solemnly swear that the evidence that you are about to give
in this case and in response to these questions will be the truth,
the whole truth and nothing but the truth, so help you God?
Ms. Betty Palm: I do.
City Clerk: Question #1. , is, when did you sign this agreement?
When did you attest this agreement as to the date and the time?
Ms. Betty Palm: I would not remember signing it.
City Clerk: All right, the second question is: Who asked you to
witness this particular agreement?
Ms. Betty Palm: Mr. Jennings because I would have had to have seen
him sign it, before I did it.
City Clerk: In other words, if you attest these agreements, you
do it after having seen him sign it yourself?
Ms. Betty Palm: Right.
City Clerk: Those are the only questions I have been requested to ask you.
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THIS AGREEMENT made and entered into this12 day of December , 197�, by and between
THE CITY OF MIAMI, a Municipal corporation of the State of Florida, hereinafter referred to as the "City"
and EXFCSITI0N CORPORATION OF AMERICA
Corporation of the State of Florida
C/O Larry Perl, President
with its principal office at 6915 Red Road, Suite 228
(305) Dade
in the City of Coral Gables, Florida 33143 , Telephone No. 666-59414
hereinafter referred to as the "User".
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
Commodore Ralph Munroe Marine e Stadium, not including
those areas which are under lease to others.
the said facility to be entered upon or into for the purpose of presenting an exhibition of new
and used sailboats and powerboats, and related products and sc:vices
during the "MIAMI SUMMER BOAT SHOW YEAR END' S CLEARANCE SALE".
and for no other
purpose whatsoever, for the period commencing at 8: 0Qarao'clock on the Z day of July
20
1979, anal terminating at 6: 00p:Vclock on the 21 day of July , 1919_, not including,
22
"set-up" and/or "dismantle" time. If required, set-up shall be from thcJ 8thday of July !• r::`_..__�tv:
on the
the 19 day of Ju11 , and dismantle shall be XOi00 23 day of July, l5 7 9
x9x4CLMXX1.14?X dleYX . (Set-up and dismantle time is normally free of charge unless
unusuaily long periods of time are required.) (When this Agreement pertains to the use of the Miami .Marine
Stadium and (,rounds, the total of set-up. presentation, and dismantle times shall not be for a period in excess
of seven (7) days.) * Frorn 8:00 a.m. to noon will be pre —show preparation
and the exhibition will open to the pudic from noon to 6:00 p.r,:. on July 2:
USER shall mean licensee. 21 8L422, 1979.
THE tSER HEREBY COVENANTS AND AGREES: •
1. To pay the City for the use of said facility:,
Daytime rental of $450. from 8:00 a.m. to 6:00 p.m. for July 20, 21 and 22,
1979, and/or a percentage of daily gross gate receipts (after taxes) w
ever is ire ;ter. as provided by City Code Section 2-48.3, rlus four (1+) p%..:•
cent State of Florida lez,,e $450 daily rental is being charged becauze
lessee is using facility on 24—hour basis and incurring; some additional
electrical charges for nighttimq,oKe?unty lighting, etc.
(continued)
If promoter/1essPp Pxpard.s sr aw-- a -that it is open ' a t're = 1 1+c ri117^- C
nighttime hours after 6:00 p.m., the additional rental of $450 per right
.r`r /c per cert ge dug. r.%n�a-4-806 w -1 1 be eh-rgef--p1s-req--..re d
lease tax.
450 00****"
2. To pay to the City Four hundred, fifty & no/100 Dollars ($ bask retw1
plus State of Florida Lease Tax at % o.' rent 1
o2:XXXXXXXXXXXXXXXX#�Srifdit�'xXXXXX4XQtiLi XaSrgtai ZiXii, on the execution and delivery of this Agree-
mcnt. The remainder of the contract amount,_X1 r.P H::r.clred
00,00
Dollars (s asle re::tr: .
c,FXXXXXXXXxxXXXXXXIiiiirAaaltXXXXX& shall be paid on or before , the fifteenth day of
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 Uscr.
4. That the User shall post with the City of Miami the sum of TWO thousar c1
Dollars
(;; 2 , 3 u 3 . 3 3----) cash or cashier's check to be used by the City for repair, rchahilitation, damage cor-
rection, 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. Ti.at all advanced sums, or advanced payments for services, shall be forfeited if, through the fault
of the Uscr, 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 grour.c:
of tl.c facility after the end of the contract period, at the expense of the User; or to charge storage a: the same
rate stated in Paragraph 1 of this Agreement, for each day or part of a day that said effects remain in or orr 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, 3342 Pan
American Drive, Dinner key, Miami, Florida, and obtain the permits required by Section 17-326 of the Code of
the City of Miami, relative to fire safety.
9. That any matters not herein expressly provided for shall be in the discretion of the City Manager or
his designated representative.
•:0. That Uscr has read the "Rules and Regulations for Use of City of Miami Municipal Facilities" which
are auacned to the "Application for Use of City of Miami Municipal Facilities", that he 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
Agrccrncnt.
THE Cl Y 1IE IEBY COVENANTS AND AGREES:
11 • To furnish at city's expense, except -as may herein be otherwise provided, light for ordinary use,
water•for all reasonable purposes, janitorial sure, and resuoom supplies.
, •
C• a-^ arlp p1 : :rea& of the Marina atadium7-narkinglots a�-,c--
parking lot lighting_; existing communigAtiA ..A_Ays ere curio: ap.ta 4c _.as
requires; _publicity on the event; existing grandstand rh?.rd ii tng;
existing; stadium elect_u1_power SourcAs; enA stir..{ ni St 'ni vP stAff
vices and cleanup of facility.
INSERT
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12. To provide, at User's request and expense, additional services as
follows:
User will obtain necessary Coast Guard approval.
User will be responsible for off -duty traffic patrols; ticket sellers -takers,
and guards as required, as well as soundmen and el ectricians adequate
for size of show, and pay for the costd Fire Inspectors (if required)
User will be responsible for all display units; tents, and for all special
equipment and/or personnel involved in presenting this program,
including generators for electricity, if required.
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User will make arrangements for, and pay for, electrical requirements
beyond the currently existing Marine Stadium electrical installations.
User will provide adequate public liability insurance to the satisfaction
of the City of Miami Risk Management Division.
If the show is expanded to include a nighttime show, or if the floating
stage is used, and additional piers added for show demonstration, user
will pay for any other expenses that may arise in connection with this show.
I:. the event of a full nighttime show, user will pay for excess use of
water and electricity, beyond normal stadium requirements.
User will be responsible for all box office personnel and will handle the
show receipts.
User will handlethe printing; distribution and sale of tickets, and will
furnish an appropriate ticket manifest.
User will allow as much use of the free public Marine Std. boat ramp
as feasible during set-up and break down days of show.
0
Page 3 of 4
•v. •O piuVWC, YI Vsvr'i rC�\il'Si M\t. ����uSC, au\••..ti..d• AC. Val C 3t .•.'. i\l•,Va';.:
See Insert No. 1.
T1112 PI.R 1I S 1:2aEnv NSU T UALLY COVENANT AND AGREE:
13. That all tec.:.s and conditions of this written Agreement shall be binding upon the parties, their heirs
and assigns, and cannot oe varied or waived by any oral representation or promise of any agent o: ot.iet person
o: t..c parties hereto unless the same be in writing and mutually signed by the'duly authorized agent o: agents
executed t:.:a Ag ee-a :it.
14. That the parties intend that this document shall be a License Agreement and that no iC sCi.old in-
terest is conferred upon the User.
IN G:TAESS *'c:EREOF, the parties hereto have individually and through their proper corporate ofacials
executed this Agreement the day and year first above written.
l
Attest: :�y_ __ _ f ��
Attest:
�Se C�'•dtyi/
(As to US .R)
(Note: If
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THE CT). OF 1 11AM:,
04.
'+_l.\. 7 ',,,trite\ -\`� (SEAL;
t2: am. J�'i►i:, Ib, D, yCw•
Stadiu. . & Marina,'!
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USER
EXPOSITIO CORPO13g- IO 'OF A;;47.11ICJ+
eri, 'reslaen
'set is individual and not a corporation, two witnesses must sip.)
API'RO e.D AS "'(.FORM•:
City Adorn
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Pa,;:c 4 of 4
Title
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CITV ATTORNEY
GEORGE F. KNOX. JR.
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• .1 TELEPHONE 90S-S'9.6700
LAW DEPARTMENT
174 EAST :LAGLER STREET
11131
January 29, 1979
Dan P.S. Paul, Esq.
Paul and Thomson, Esqs.
1300 Southeast First National Bank Bldg.
Miami, Florida 33131
Dea Mr. Paul:
DEPUTY CITY ATTORNE'r
6g)A5.T,171-JOSE BENITO ALVAREZ
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CUB:;;. .
CITY OF MIAMI N
This is in response to your letter of January 12, 1979, where
you raised some concern over City Commission's action on December
14, 1978, where the Commission by Resolution granted dates to
another exhibitor for a Summer Boat Show at the Coconut Grove
Exhibition Center, along with a "protect period" affecting other
Municipal facilities. •
You point out that the Commission's action impairs an obligation
already incurred via an Agreement entered into with Exposition
Corporation of America prior to the December 14....1.928 _meatfng
Our review of the Agreement in question and the subsequent action
of the City Commission leads us to concur with your view that a
valid, binding contract was in force at the time of the December
14, 1978 Commission meeting. It appears the City is bound by
contrpcts lawfully entered into, and that they may not be impaired
by the adoption of a Resolution regarding their terms.
As is apparent, the City Commission was unaware of the contract with
your client, when they took this action, and I shall at the earliest
possible date communicate the existence of this contrary binding
obligation on the part of the City and forward the check that was
returned to your client to the City Manager.
Thank you for bringing this matter to my attention.
GFK/TVP/s
cc: Honorable Members of the
City Commission.
Joseph R. Grassie
City Manager
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0 E F. KNO
Ci 1 Attorne
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PAUL & THOMSON
ATTORNEYS AT LAW
1300 SOUTHEAST FIRST NATIONAL SANE BUILDING
MIAMI, FLORIDA 33131
January 12, 1979
HAND DELIVERED
Mr. George Knox
City Attorney
City of Miami
174 East Flagler Street
Miami, Florida
Dear George:
TELEPHONE AND MEMORIES
13013I 371• 2000
INTERNATIONAL
44-1201
CABLE:O►S•
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Contract Dated December 12, 1978
between City of Miami and Exposition
Corporation of America
This will confirm our telephone conversation.
Exposition Corporation of America has &,valid
contract dated December 12, 1978 with the City of
Miami for a "Miami Summer Boat Show Year End's Clearance
Sale" at the Miami Marine Stadium on July 20, 21, and
22, 1979 which is not subject to unilateral cancellation.
Apparently -the— iami City Commission was unaware of this
fact when it took inconsistent action at its meeting
of December 14, 1978.
Exposition Corporation of America rejects any
unilateral attempt on the part of the City to cancel
this contract and I am returning to you Exposition's
check in the amount of $450. which was returned by the
City Manager after the Commission's action.
(:(Exposition Corporation expects the City to
honor its contract and I would appreciate your advising
the City Commission that the City already had a valid
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PAUL & THOMSON
Mr. George Knox
January 12, 1979
Page Two
and binding obligation prior to the Commission's action
of December 14, 1978 so the Commission's action of December
14, 1978 may be corrected.
DPSP:jo
Enclosure
cc: Mr. Joseph Grassie
City Manager
Sincerely,
Attorney for Exposition
Corporation of America