Live National Worldwide, Inc. Amendment 2 ao/l 2 7 6 ( a)
AMENDMENT NO. 2 TO THE AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND
LIVE NATION WORLDWIDE, INC., DATED JUNE 22, 2007, FOR THE JACKIE GLEASON
THEATER OF THE PERFORMING ARTS (THE AGREEMENT)
• This Amendment No. 2 to the Agreement, is made and entered into th day of
, 2011, by and between the CITY OF MIAMI BEACH, FLORIDA, a municipal
corporate n having its principal office at 1700 Convention Center Drive, Miami Beach, Florida,
33139 ( "City "), and LIVE NATION WORLDWIDE, INC, a Delaware corporation whose address
is 9348 Civic Center Drive, Beverly Hills, California 90210 ( "Live Nation ").
RECITALS
WHEREAS, on June 22, 2007, the City entered into an Agreement with Live Nation
Worldwide, Inc. (Live Nation) to manage the Jackie Gleason Theater of the Performing Arts
(now named and known as the Fillmore Miami Beach at the Jackie Gleason Theater) (the
Venue), with an initial term of ten (10) years, commencing on June 22, 2007, and ending on
August 31, 2017 (the Agreement), and
WHEREAS, Section 2.1(b) of the Agreement restricts Live Nation from serving food or
beverages after midnight; and
WHEREAS, Live Nation requested an amendment to the aforestated food and beverage
restriction, as there were a number of potential events it was unable to book (due to this
restriction); and
WHEREAS, on December 9, 2009, the City Commission adopted Resolution No. 2009-
27278, approving Amendment No. 1 to the Agreement, which permitted Live Nation to extend
hours of operation and liquor sales at the Venue for a trial period (12 months), subject to certain
conditions; and
WHEREAS, the trial period expired on December 31, 2010, and Live Nation has
requested that it be extended; and
WHEREAS, the Administration recommends that the City Commission now approve
Amendment No, 2 to the Agreement, which would continue to permit Live Nation to extend
hours of operation and liquor sales at the Venue, subject to the conditions below, and would
further authorize the City Manager to administratively approve such requests in the future;
again, subject to the following conditions:
1. Any sale, distribution, and or service of food and beverages, including alcohol, at
the Venue shall cease at no later than 2:00 AM.
2. The Venue will be closed to the public no later than 3:00 AM; accordingly, all
patrons within the Venue should also leave by 3:00 AM.
3. No DJ -only performances shall be allowed for the extended hours.
4. Live Nation shall provide the City Manager or his /her authorized designee with a
written status report following each event in which permission to serve alcohol
after midnight has been granted.
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NOW, THEREFORE, in consideration of the mutual premises, covenants and agreements
herein contained, and other good and valuable consideration, in receipt and adequacy of which
are hereby acknowledged and intending to be legally bound, the City and Live Nation hereby
amend the Agreement as follows:
1. The aforestated recitals are true and correct and incorporated by
reference herein.
2. Section 2.1(b) of the Agreement, entitled "Engagement," is amended as
follows:
(b) Manager of the Facility. Live Nation accepts the engagement and agrees
to operate, manage, maintain, promote and market the Facility in a manner consistent with other
similar first class facilities operated by Live Nation and its Affiliates as of the Commencement
Date. Subject to the terms of this Agreement, Live Nation shall be, as agent for the City, the sole
and exclusive manager of the City to operate, manager, maintain, promote and market the
Facility during the term. In such capacity, except as otherwise expressly reserved under this
Agreement to the City and /or except for such matters as are subject to the to the approval of the
City or the City Manager, Live Nation shall have exclusive authority over the management and
operation of the Facility and all activities therein; provided, however, the Facility shall be used
only as a live entertainment venue and public auditorium or any combination thereof, and for
such ancillary uses as are customarily related to such primary use, including, without limitation,
broadcasting, recording, filming, private parties or functions, bar (including alcoholic beverages)
and food concessions (and including preparation of food), in each case in conjunction with an
Event or rental function then being held, and sale of merchandise related to any Event then
being held. Other uses may be allowed only with the prior written approval of the City Manager.
Without limiting the generality of the foregoing, in no event shall food and beverages including
alcohol, be sold, distributed, or served after midnight (12:00 AM) and in no event shall bottle
service be offered for alcohol, nor beverages, including alcoholic beverages, be sold in bottles.
Bottle service is herein defined as the ability for patrons to purchase entire bottles of liquor for
personal consumption.
Notwithstanding the preceding, and subject to the prior written approval of the
City Manager, which approval (if given at all) shall be at the City Manager's sole and absolute
discretion, the City shall -allow Live Nation may be permitted to sell, distribute, and /or serve food
and beverages, including alcohol, at the Venue for a limited twelve (12) month "trial period,"
31, 2010 (without any further action to effectuate _ - - •• - _ - _ _ - _ _ . - _ , subject
to the following conditions:
1. Any sale, distribution, and or service of food and beverages, including alcohol, at
the Venue shall cease at no later than 2:00 AM.
2. The Venue will be closed to the public no later than 3:00 AM; accordingly, all
patrons within the venue should also leave by 3:00 AM.
3. No DJ -only performances shall be allowed for extended hours.
4. Live Nation shall provide the City Manager or his /her authorized designee with a
written pregFess status report following each event in which permission to serve
alcohol after midnight has been granted halfway through the trial period, or July
1, 2010.
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Live Nation must provide the City Manager or his /her authorized representative with at least
fifteen (15) days prior written notice, prior to any (and each) event in which Live Nation intends
to extend the hours of sale, distribution, or service of any food and beverages, including alcohol,
past midnight-; provided, however, that in no event shall Notwithstanding the aforestated trial
period, or any othcr term or condition of the Agreement, Live Nation be permitted to shall not
sell distribute, or serve any food or beverages, including alcohol, after midnight during New
Year's Eve (December 31 and during Winter Music Conference (generally, the last week of
March); these Events will not count toward the required annual number of events, as specificed
in Section 2.2 (b).
The parties further acknowledge that the permission granted under the aforestated trial period
may be revoked at any time by the City Manager, with or without cause and at his /her sole
option and discretion, upon thirty (3) days prior written notice to Live Nation; provided, however,
that Live Nation shal be allowed to proceed with any events booked by Live Nation prior to the
date of termination (which entail the sale, distribution or service of any food or beverages,
including alcohol, past midnight). The City's termination of the trial period shall not result in any
liability to the City.
3. No Further Modifications. Except as provided in this Amendment No. 1,
the Agreement remains unmodified and in full force and effect.
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IN WITNESS WHEREOF, this Agreement has been duly executed by the parties hereto as of
the day and year first above written.
ATTEST: ^ CITY OF MIAMI BEACH, F ORIDA
g iNAA.6 Ian C dJ / / ._ 4,• ! -`Z. ■
City Clerk a or
7 day of i , 2011.
LI E • ION WORLDWI B INC. ATTEST: i , , I
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a ii , day of; -- , 2011.
T:\AGENDA\2011 \4 -13 -11 \Live Nation Amendment No 2- After HoursFINAL.DOC
APPROVED AS TO
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LIVE fATIOf® u.r......__m _aa._._._
Tel 713.693.2738 Fax 713.693.8695
JamesTucker@LiveNation.com
James M. Tucker
VIA OVERNIGHT DELIVERY Senior Vice President of Legal Affairs
North American Concerts
June 30, 2011
Mr. Max Sklar
Tourism and Cultural Development Director
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
(305) 673 -7577 DL
Re: Amendment No. 2 to the Management Agreement between City of Miami Beach
and Live Nation Worldwide, Inc. dated June 22, 2007 for the operation of the
Fillmore Miami Beach at the Jackie Gleason Theater
Tender of Amendment Executed by Live Nation
Dear Mr. Sklar:
With reference to the above, I am enclosing three duplicate originals of the Amendment
No. 2 duly executed by Live Nation. Please have the enclosed originals executed on
behalf of the City and return one fully executed original to me for our files.
In the interim, please let me know if you have any questions or need assistance.
Sincerely,
James Tucker
Encls.
2000 WEST LOOP SOUTH, SUITE 1300
HOUSTON, TX 77027
111111111 II 1111111 1111
LI VEl RTIOrl.com