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RESOLUTION 89-19769 RESOLUTION NO. 89-19769 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA APPROVING THE ASSIGNMENT OF THE COMPUTERIZED BOX OFFICE CONCESSION AGREEMENT AT THE JACKIE GLEASON THEATER OF PERFORMING ARTS BETWEEN THE CITY OF MIAMI BEACH AND BASS TICKETS, INC. TO TICKETMASTER-FLORIDA, INC. AND APPROVING AN AMENDED EXHIBIT C TO THE AGREEMENT. WHEREAS, on January 21, 1988 the City of Miami Beach entered into a Concession Agreement ("Agreement") with Tix-By-Phone of Miami, Inc. for a computerized box orfice concession at the Jackie Gleason Theater of the Performing Arts; and WHEREAS, on July 21, 1988 the city Commission approved an assignment of the Agreement to BASS TICKETS, INC. ; and WHEREAS, BASS TICKETS, INC. , has requested the City of Miami Beach to approve an assignment of its computerized box office concession at the Jackie Gleason Theater of Performing Arts to TICKETMASTER-FLORIDA, INC. ; and WHEREAS, the Agreement dated January 21 , 1988 provides that the Agreement may not be assigned without the consent of the City; and WHEREAS, the Assignee, TICKETMASTER-FLORIDA, INC. , has requested an amended Exhibit C to the Agreement, increasing the service fees to patrons and adjusting the rental payments to the City. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, as follows: (1) That the City Commission hereby approves the assignment of the computerized box office concession at the Jackie Gleason Theater of Performing Arts from BASS TICKETS, INC. to TICKETMASTER- FLORIDA, INC. and the Mayor and City Clerk are authorized to execute the attached consent, and (2) Amended Exhibit C to the Agreement attached hereto is hereby approved. PASSED and ADOPTED this 18th day of October � 1989 . • iR ATTEST: AZI-;IL )7? al-t‘_,/ CITY CLERK FORM APPROVED LEGAL DEPT. PNB/nn By��"'� 101189 Date .2-2*( ASSIGNMENT OF CONCESSION AGREEMENT In consideration of Ten Dollars ($10 . 00 ) and other good and valuable consideration, the receipt of which is hereby acknowledged, BASS TICKETS, INC. , a Florida corporation, does hereby assig, transfer, convey and set over unto TICKETMASTER- FLORIDA, INC. , a Florida corporation, all of its right, title and interest in that certain CONCESSION AGREEMENT dated January 21 , 1988 by and between the CITY OF MIAMI BEACH and TIX-BY-PHONE OF MIAMI , INC. (which was previously assigned to BASS TICKETS, INC. , by Assignment executed by City on July 29 , 1988 ) for a computerized box office service at the Jackie Gleason Theatre of the Performing Arts . Such assignment is subject to and governed by the terms and conditions of that certain Asset Purchase Agreement dated as of December 15 , 1989 by and between BASS Ticketmaster and Ticketmaster - Florida, Inc . Dated this 219 day of 557709 1989 . ATTEST: BASS TICKETS , I C. �---;� By. . AA ick,eig.. Secre ry P esident ACCEPTANCE OF ASSIGNMENT TICKETMASTER-FLORIDA, INC. does hereby accept the foregoing Assignment and agrees to assume and abide by the duties , responsibilities , terms and conditions of the above described Concession Agreement. * Dated this .27-1- day � of 1989 . A.1:];:g7). 14.swittia‘— TICKETMASTER-FLORIDA, INC. CS By: /04V/;(7 � w >7 Secretary ctPresint CONSENT TO ASSIGNMENT �' O Q J Q � o THE CITY OF MIAMI BEACH hereby consents to the forego . 'ig(D Assignment from BASS TICKETS, INC. to TICKETMASTER-FLORIDA, INCO= Lti O w � o Dated this / 9 day of , 1989 . m ATTEST: CITY • - IAM A 44F 40( 4,2tri,:11 ;SAla,v B '444L CITY CLERK MAYOR (miami . con) * Notwithstanding any term or condition in the Asset Purchase Agreement described above, Assignee agrees that City shall have the right to look solely to Assignee for performance of the Concession Agreement. AMENDED EXHIBIT C COMPUTERIZED BOX OFFICE CONCESSION FEES CHARGED AND RENTAL PAYMENT I. FEES TO PROMOTERS The Concessionaire shall charge promoters no more than three per cent (3%) of gross ticket prices on tickets sold by the Concessionaire. This maximum/fee shall not be increased without the prior written approval of the City Manager. II. SERVICE CHARGE TO PATRONS WHO PURCHASE TICKETS AT OUTLET LOCATIONS The Concessionaire shall charge patrons a Service Charge per ticket not to exceed as follows: Charge Service Permitted Increases Per Ticket Service Charge A. OUTLETS TOPA $2.25 2 5 cents every calendar Attraction (Commencing year commencing Ticket Price Nov. 1, 1989) June 1, 1990 $20. 00 or more TOPA $2.00 2 5 cents every calendar Attraction (Commencing year commencing Ticket Price Nov. 1, 1989 ) June 1, 1990 Under $20.00 B. TELEPHONES & CREDIT CARD PURCHASES TOPA $3.75 25 cents every calendar Attraction (Commencing year commencing Ticket Price Nov. 1, 1989 ) June 1, 1990 $20. 00 or more TOPA $3.25 2 5 cents every calendar Attraction (Commencing year commencing Ticket Price Nov. 1, 1989 ) June 1, 1990 Under $20.00 This maximum fee applies to tickets sold at Outlets and by Telephone for events held at TOPA, but shall not apply to tickets sold at TOPA for TOPA events (except for those purchases with a credit card as set forth above) . Concessionaire shall be entitled to assess and receive a per order handling charge for customers purchasing tickets through telephone sales. The per order handling charge shall be equal to One Dollar and Fifty Cents ($1.50) for all TOPA attractions. Said handling charge may be increased from time to time with the prior consent of the City. III. RENTAL PAYMENTS TO THE CITY The Concessionaire shall pay to the City of Miami Beach the following amounts, which include Florida State Sales and Use Tax, if applicable, as net, free and clear of all costs and charges arising from, or relating to the operation of the concession. (NOTE-Payment of State Sales and Use Tax, if applicable to rental proceeds under this agreement, shall be the responsibility of the City) • City's % Share Type of Service Charge City's Per of any future Attraction Per Ticket Ticket Share Service Chg. Incr. A. OUTLETS TOPA $2.00 25 cents 20% (5 cents) Attraction Ticket Price Under $20.00 TOPA $2.25 50 cents 20% (10 cents) Attraction Ticket Price $20.00 and over B. TELEPHONE & CREDIT CARD SALES TOPA $3.25 25 cents 20% (5 cents) Attraction Ticket Price Under $20.00 TOPA $3.75 50 cents 20% (10 cents) Attraction Ticket Price $20.00 and over The Concessionaire shall pay the City 20% of the service charge collected for each ticket sold at TOPA or the Miami Beach Convention Center for admission to events at other facilities. Concessionaire shall not be responsible to pay the City of Miami Beach for any and all tickets sold at TOPA or the Miami Beach Convention Center for admission to events held at TOPA or the Miami Beach Convention Center. 6.0 Neetwe ge PM -a?h, FLORIDA 3 3 1 3 9 *iINCOR' ORATED*: "VA CA TIONLAND U. S. A. - '44/:h OFFICE OF THE CITY MANAGER CITY HALL ROB W.PARKINS 1700 CONVENTION CENTER DRIVE CITY MANAGER TELEPHONE: 673-7010 COMMISSION MEMORANDUM NO. f/ DATE: OCTOBER 18, 1989 TO: Mayor Alex Daoud and Members,of the City Commission P - ' \ /r FROM: Rob W. Parkins - City Manager SUBJECT: REQUEST OF ASSIGNMENT OF CONCESSION AGREEMENT FROM BASS TICKETS, INC. TO TICKETMASTER-FLORIDA, INC. Bass Tickets, Inc. has requested the City of Miami Beach to approve an assignment of its computerized box office concession at the Jackie Gleason Theater of the Performing Arts to Ticketmaster- Florida, Inc. All Lessees of the Jackie Gleason Theater of the Performing Arts are required to utilize this exclusive concessionaire for the selling, printing of tickets, and ordering of tickets through their computerized system. This assignment also provides that Ticketmaster-Florida, Inc. personnel will sell all tickets and operate the box office. Also attached is an Amended Exhibit C to the Agreement which indicates the service charges that Ticketmaster-Florida, Inc. will charge the customer who purchase tickets at their outlets throughout South Florida. This Amended Exhibit C stipulates the following increase that the concessionaire shall charge patrons per ticket: Outlet sales for a TOPA attraction wherein the ticket price is $20.00 or more, the service charge will be $2 .25 per ticket. The prior fee was $1.75 per ticket. Outlet sales for a TOPA attraction wherein the ticket price is $20.00 or less, the service charge will be $2 .00 per ticket. The prior service charge was $1.75 per ticket. For telephone and credit card purchases, wherein the ticket price is $20.00 or more, the service charge will be $3.75 per ticket. The prior service charge was $3.25 per ticket. For telephone and credit card purchases with the ticket price under $20.00, the service charge will be $3.25 per ticket. The prior service charge was $3.25 per ticket. The City's share per ticket sold at outlets will be 25 cents for all tickets that are sold under $20. 00 and 50 cents for all tickets sold for over $20. 00. They have also requested that on every calendar year commencing on June 1, 1990 that the service charge be increased 25 cents. The City will receive 20% of this increase. Under the Bass Agreement, the City received 25 cents per ticket sold at TOPA for TOPA events. Ticketmaster-Florida, Inc. has requested that this fee be waived. , R 4 AGENDA te ITEM_ 490- DATE DATE Fr Commission Memorandum October 18, 1989 Page 2 Attached is Amended Exhibit C which indicates the service fee charges and the rental payment. ADMINISTRATION RECOMMENDATION: That the City Commission approve the assignment from Bass Tickets, Inc. to Ticketmaster-Florida, inc. and approve the Amended Exhibit C which indicates the fees to be charged. RWP:NL:JBS ORIGINAL RESOLUTION NO. 89-19769 Approving the assignment of the computer- ized box office concession agreement at the Jackie Gleason Theater of Performing Arts between the City of Miami Beach and Bass Tickets, Inc. to Ticketmaster-Florid. Inc. ans approving an amended exhibit C to the agreement.