RESOLUTION 92-20479 V
•
RESOLUTION NO. 92-20479
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AUTHORIZING SPECTACOR
MANAGEMENT GROUP TO EXECUTE A LEASE AGREEMENT
WITH THE AMERICAN RENTAL ASSOCIATION FOR USE OF
HALLS A, B, C AND D OF THE CONVENTION CENTER
FEBRUARY 1 THROUGH FEBRUARY 11, 1994
WHEREAS, the Agreement between Spectacor Management Group
("SMG") and the City of Miami Beach ("City") authorizes SMG to
execute contracts for lease of the Convention Center though
December 31, 1993 ; lease agreements for lease periods after
December 31, 1993 must be approved by the City Commission; and
WHEREAS, an appropriate Lease Agreement has been provided by
Spectacor and approved as to form by the City Attorney; and
WHEREAS, the City Commission has been advised of and is
familiar with the terms and provisions of the said Lease Agreement
and deems it to be in the best interest of the City to authorize
the execution of the said lease agreement by SMG.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, that the attached Agreement between
the American Rental Association and Spectacor Management Group is
hereby authorized and approved.
PASSED and ADOPTED this 8th ay of Ap "1 , 1992 .
MAYOR
Attest:
e- rn.? 1
tAA5't r-&cl\AA
City Clerk \J/
Form Approved
6;;;;iLqr;?Z
Legal Department
Odf/
PNB: lm
C:\resotuti\spectaco
• • • \ III I ' 1 • • • • ; , .
•
CITY
BEACH
® F! MIAN1I
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010
FAX: (305) 673-7762
COMMISSION MEMORANDUM NO. ay-47-i,
DATE: March 5 ,1992
TO: Mayor Seymour Gelber and
Members of the City Commission
FROM: Roaer M. Carlton Z :::
City Manager
SUBJECT: Approval Of The American Rental Association
Contract - Convention Dates : February 1-11 ,1994
In accordance with the agreement between Spectacor
Management Group ( SMG) and the .City of Miami Beach,
execution of contracts that exceed the term of the
agreement must be approved by the City Commission.
Spectacor Management Group' s contract terminates
December 31 ,1993 .
The American Rental Association was booked by the
Greater Miami Convention and Visitors Bureau (GMCVB)
in August 1990 . This association is a first priority
event as defined by the Convention Center' s Booking
Policy. The Booking Policy was negotiated with users
of the facilities , the Miami Beach Convention Center
Advisory Board, the Legal Department and approved by
the City Commission. (Attached is a copy of the Booking
Policy. )
•
The following information was submitted by the
GMCVB:
Total Registration Attendees - 10 ,000
Total Room Nights - 20 ,000
Total Rooms on Peak Night - 4 , 000
Economic Impact - 9 .7 Million Dollars
This association will be renting the four ( 4 ) halls
of the Convention Center. The rental rate is 65c per
square foot of the net exhibit space per hall, with
a minimum guarantee of $88 ,000 , plus Florida State tax.
Based on prior history of other facilities and cities ,
it is anticipated that a minimum of 200 ,000 net square
footage will be used resulting in rental of $130 , 000 .
ADMINISTRATION AND SPECTACOR MANAGEMENT GROUP
RECOMMENDATION:
Approve contract with the American Rental Association.
C4
CBT:NL:mq
---7_13
AGENDA ..
ITEM
DATE
I 4 1 �
•
,0
CITY OF MIAMI BEACH �.
l..Y
rl
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010
FAX: (305) 673-7782
COMMISSION MEMORANDUM NO. / / .. 92
DATE: March 31 , 1992
TO: Mayor Seymour Gelber and
Members of the City Commission
FROM: Roger M. Carlton
City Manager -
SUBJECT: Conflict Of Dates Between The American Rental Association
And The Original Miami Beach Antique Show - February 1994
At the March 19 , 1992 meeting of the Miami Beach Convention Center
Advisory Board, the date conflict in February 1994 between the
American Rental Association and the Original Miami Beach Antique
Show was discussed.
Mr. Lou Baron principal owner of the Antique Show and his attorneys
discussed the show' s value to the community, the .amount of hotel
rooms used and the thirty ( 30 ) years that the Antique Show has been
booked in the Convention Center.
Mr. Pat Brown, First Assistant to the City Attorney , stated to the
Board the criteria of the booking policy, which identifies first
priority and second priority events .
The following recommendation to the City Commission was approved
by vote of 6 to l . ( Mr. Robert Speigelman abstained from voting
due to a conflict of interest ) :
Based upon the booking policy which was established by the
Advisory Board Members a few years ago, and has been honored
both by the Greater Miami Convention and Visitors Bureau and
SMG, and with the recommendation of the City Attorney , the
Advisory Board motioned to accept the American Rental Association' s
contract in February 1994 and further recommend that the City
Commission clearly authorize SMG to execute the American' Rental
Contract for February 1994 .
ADMINISTRATION RECOMMENDATION: Based upon the booking policy
of the Miami Beach Convention Center and the Convention Center
Advisory Board' s recommendation, it is recommended that the City
Commission approve the contract with the American Rental Association
for February 1994 .
RMC:NL:meq
4.
18
AGENDA
ITEM .� � ..•
DATE 41"`
gia°
MIAMI I3EACH CONVENTION CENTER LEASE
This lease agreement made this 7th day of February, 1992 by and between
Spectacor Management Group ("Operator") , and
AMERICAN RENTAL ASSOCIATION
whose address is:
1900 19th Street, N.W.
Moline, Illinois 61265
Attention: Darlene Summers, Convention Manager
("Lessee") .
WITNESSETH :
Operator manages, operates and maintains the Miami Beach Convention Center,
on behalf of the City of Miami Beach, a Florida municipal corporation (the
"City") , under rights granted by and obligations imposed under an agreement
between City and Operator.
1) Premises and Terms: Operator hereby leases to the Lessee, and the
Lessee hereby leases from the Operator the following described
property, hereinafter referred to as the "Premises, " to wit:
Halls A, B, C & D
Halls A, B, C & D Meeting Rooms
("Premises") in the Miami Beach Convention Center.
February 1 - 5, 1994 Move-In
February 6 - 9, 1994 Show
February 10 - 11, 1994 until Noon Move-Out
Lessee to have and to hold the above-described premises for the term
of Eleven (11) days, commencing on February 1, 1994 at 7 :30 A.M. , and
terminating on February 11, 1994 at 12 : 00 Noon.
2) Use: Lessee shall use the premises solely for the purpose of:
AMERICAN RENTAL ASSOCIATION ANNUAL FEBRUARY NATIONAL TRADE SHOW
3) Services: Operator agrees to furnish normal janitorial service in
public areas and aisles (vacuum cleaning not included) , air
conditioning during show hours, houselights and the following
services:
If stated below, the Operator will furnish the following additional
services, equipment, materials, technicians, etc. , on the following
terms and conditions:
4) Rent: Lessee shall pay, without demand, together with any and all
sales, use and state taxes arising or accruing during the term of the
leasehold in the following basis:
Rental Rate: Sixty Five ( . 65) cents per square foot of net
exhibit space, per hall, used with a minimum guarantee of Eighty
Eight Thousand and no/100 ($88 , 00. 00) Dollars based on Five
Thousand Five Hundred and no/100 ($5, 500. 00) Dollars per hall per
show day, plus Florida State Rental Tax, which is currently 6. 5% .
./11146c-"--- /4.6-etlel.O 0
Deposit Due:_ Fives and no/100 ($5O Dollars payable
upon signing of contract; Nine--Thousands F-ive-Bundred--and---nod 10-0
E - - ,a -,9 0- -d-ays aft. sign ing---o€--eontr-aet; 0 9
0 0).. -Do I a-r s:�.pa-yable=-sem
$�6 i 000-� 1
Febrt ary--1; 1993-;---' 'wenty-S ix^Thoiieand~ nd-no-/-100---(12 6;000:-0-01 ( \J `
Thousand and -/A2.----'
IA
no/1002iç2&7Ooo.00) Dollars, plus Florida State Rental Tax'r_
payable on December 1, 1993 . ,X, -rZ
3,
Rent shall be paid to: Miami Beach Convention Center, 1901 Convention
Center Drive, Miami Beach, Florida 33139 . Lessee also covenants and
agrees to pay interest at the rate of eighteen (18%) percent per annum
for any payment of rent due and payable and not received by Operator
on or before thirty (30) days from due date. Time is of the essence
in this Lease.
5) Security Deposit: Within 90 days of the signing signiqgpf this agreement, Iji'
Lessee 0I as ,deposited with Operator the sum of T-444 Thousand and no/10 -�-:p
( i,Z') ) Dollars as security for the faithful performance and
observance by Lessee of the provisions of this Lease. In the event
the Lessee shall fully and faithfully comply with all of the terms,
covenants, provisions and of this Lease, security
L � n conditionssaid
shall be set off against any rent owed to the Operator at the
termination of the Lease. In the event of any bankruptcy or other
insolvency proceeding against Lessee, it is agreed that all security
deposits held hereunder shall be deemed to be applied by Operator to
rent, sales tax and other charges due at date of bankruptcy and/or
insolvency.
6) Notices: For purposes of notice or demand, the respective parties
shall be served by certified or registered mail, return receipt
requested, at the above addresses.
7) Box Office - N/A
8) Exculpation and Indemnification Clause: Lessee agrees that it will
indemnify, hold and save the City of Miami Beach ("City") and
Operator, their officers, agents, contractors and employees whole and
harmless and at Operator' s option defend same, from and against all
claims, demands, actions, damages, loss, cost, liabilities, expenses
and judgments of any nature recovered from or asserted against
Operators on account of injury or damage to person or property to the
extent that any such damage or injury may be incident to, arise out
of, or be caused, either proximately or remotely, wholly or in part,
by an act, omission, negligence or misconduct on the part of Lessee or
any of its agents, servants, employees, contractors, patrons, guests,
licensees or invitee or of any other person entering upon the Premises
leased hereunder with the express or implied invitation or permission
of Lessee, or when any such injury or damage is the result, proximate
or remote, of the violation by Lessee or any of its agents, servants,
employees, contractors, patrons, guests, licensees or invitee of any
law, ordinance or governmental order of any kind, or when any such
injury or damage may in any other way arise from or out of the
occupancy or use by Lessee, its agents, servants, employees,
contractors, patrons, guests, licensees or invitee of the Premises
leased hereunder. Lessee covenants and agrees that in case Operator
or City shall be made parties to any litigation against Lessee or in
any litigation commenced by any party other than Lessee relating to
this Lease or to the Premises leased hereunder, then Lessee shall and
will pay all costs and expenses, including reasonable attorney' s fees
and court costs, incurred by or imposed upon Operator or City by
virtue of any such litigation. These terms of indemnification shall
be effective unless such damage or injury may result from the sole
negligence, gross negligence or willful misconduct of Operator.
9) Ordinances and Regulations: shall comply with all applicable(-3_
laws, statutes and ordinance and all rules and requirements of the 4,1") %
City of Miami Beach. Lessee shall not admit to the premises a larger
number of persons than the total number designated by the General
2
Manager of the Convention Center (hereinafter called the "General
Manager") as the seating capacity or the number that can safely and
freely move about.
10) Responsibility for Damage: If the leased premises or any portion
thereof, or any structure attached thereto, or any equipment, fixture,
or other item contained shall be destroyed, damaged, marred, altered,
or physically changed during the term in any manner whatsoever, then
Lessee shall be responsible.
Lessee is to properly care for all equipment entrusted to Lessee
during the term of this Agreement and all such equipment so entrusted
which is lost, stolen, or disappears shall be the sole responsibility
of Lessee and Lessee shall pay the full replacement cost thereof to
Operator.
11) Articles Left on Premises: Any article remaining on the leased
premises left, lost or checked in the building by persons attending
any performance, exhibition or entertainment shall be collectible
solely by Operator.
12) Signs: Lessee, its agents, exhibitors, et al. , shall only post signs
as permitted by General Manager.
13) Sale of Concessions: Operator reserves the sole right to sell favors,
refreshments and all catering, to conduct coat/luggage check rooms,
and to conduct all services related to the business center. The
operator will reserve sole rights to sell souvenirs, programs,
periodicals, to take photographs, to control radio/movie/television
broadcasting, recording and transcription rights except where these
activities are conducted for the sole benefit of the sponsoring
educational, trade or charitable association or organization.
14) Use of Machinery: Lessee shall not, without the written consent of
Operator, put up or operate any engine or motor or machinery on the
premises or use oils, burning fluids, camphene, kerosene, naphtha or
gasoline for either mechanical or other purposes or any other agent
than gas or electricity for illuminating the demised premises. All
decorative materials must be flameproof before the same will be
allowed in the buildings and should have written verification of such
flameproof treatment or qualities.
15) Assignment and Subletting: Lessee shall have no right to assign or
sublet this Lease without the prior written consent of Operator. The
criteria for approving such an assignment or subletting includes: (a)
net worth; (b) industry reputation of assignee or sublessee; (c)
experience; (d) business reputation; and (e) any and all other
criteria that Operator shall find relevant.
The terms assignment or subletting as used in this lease, shall
include any and all transfers of Lessee 's interest in this Lease
whether voluntary or involuntary, including any lien upon Lessee' s
interest, or any transfer by Lessee, any assignee or sublessee, heir,
personal representative, or successor of Lessee, or by any receiver or
trustee with jurisdiction over Lessee, a subsequent assignee or
sublessee or its property.
16) Default and Operator' s Remedies: Default shall be defined as the
untimely performance of any and all clauses in this Lease or in the
transmittal which is incorporated by reference into this Lease. The
Operator may exercise any and all of the remedies herein enumerated or
permitted by law. Default may include:
(a) Failure to pay any rent payment or any portion thereof within ten
(10) days of due date;
(b) Abandonment of the leased premises, whether partial or total;
(c) Failure to carry insurance as required by the transmittal letter;
3
(d) Any and all checks given by the Lessee returned for insufficient
funds or N.S.F. ; and
(e) Any other event which the Operator deems to be a material
default; furthermore:
Operator may exercise any or all remedies enumerated or permitted by
law. Operator may hold a landlord' s lien on any and all personalty
when Lessee is in default and Lessee expressly gives Operator
permission to remove and store at Lessee' s expense, any personalty
abandoned on the demised premises.
The Lessee shall pay upon demand all the Operator' s legal costs,
charges and expenses, including the fees of counsel, and costs of
appeal, staff and leasing agents retained by the Operator, incurred in
enforcing the Lessee's obligations hereunder or incurred by the
Operator in any litigation, negotiation or transaction in which the
Lessee causes the Operator to become involved or concerned.
Operator may resort to any one or more of such remedies or rights, and
adoption of one or more such remedies or rights, shall not necessarily
prevent the enforcement of other remedies or rights concurrently or
thereafter.
17) Insurance: As additional consideration over and above the rental
payments made by Lessee herein, Lessee shall, at its own expense,
comply with all of the following insurance requirements of the
Operator. It is agreed by the parties that the Lessee shall not
occupy the premises until proof of the following insurance coverage
has been furnished to the City and Operator.
(a) Commercial general liability insurance, on an occurrence form, in
the amount of One Million ($1, 000, 000. 00) Dollars per occurrence
for bodily injury, death, property damage, and personal injury.
The policy must include coverage for premises operations, blanket
contractual liability (to cover indemnification section) ,
products, completed operations and independent contractors. If
the user's activities involve the sale of alcohol, then liquor
liability in the same amount is also required. These policies
must name the City of Miami Beach and Spectacor Management Group
as additional insurers.
b) Automobile liability insurance in the amount of One Million
($1, 000, 000. 00) Dollars per occurrence to provide coverage for
any owned and non-owned vehicles used by the Lessee on the
Facility premises, including loading and unloading hazards. This
must name the City of Miami Beach and Spectacor Management Group
as additional insurers.
c) Workers ' compensation and employer ' s liability coverage as
required by Florida Statute.
d) It is understood and agreed that all coverage provided by the
Lessee are primary to any insurance or self-insurance program the
City has for this Facility and the Lessee and their insurance
shall have no right of recovery or subrogation against the
Operator.
e) All policies must be issued by companies authorized to do
business in the State of Florida and assigned a rating of A:X or
better, per Best's Key Rating Guide, latest edition.
f) The City must receive thirty (30) days written notice prior to
any cancellation, non-renewal or material change to the required
insurance policies. This written notice must be sent to the City
of Miami Beach Risk Management Division, 1700 Convention Center
Drive, Miami Beach, FL 33139 .
g) Evidence of the required insurance policies must be provided to
Spectacor Management Group by submission of an original
4
certificate of insurance thirty (30) days prior to the lease
period.
h) Alternate coverage to satisfy these requirements is subject to
prior approval of the City' s Risk Manager. Additional insurance
coverage, as determined by the City' s Risk Manager, may be
required for this lease.
18) Ra a t; ter.,esse agor-r e s e r v e s---the--r±g ht---a f to r--the-exec '
or during the term of this Lease, at the Lessee ' s cost and ex e, to
remove the Lessee from the premises and relocate Lessee ' - ome other
space of Operator's choosing of approximately the s dimensions and
size. If Lessee is removed and relocated in 2.1.11space within the
4( - 1
i Building which is then leasing at a rent,„last than the rent of the
11,4"7 premises at that time, Lessee's rentergll be reduced to the rent then
Y _ being charged for the space in hth Lessee has been relocated.
Lessee, by the execution is Lease, acknowledges the foregoing
right of Operator, and-bio rights herein granted to Lessee, including
but not limitedto' he right of peaceful and quiet enjoyment, shall be
deemed orristrued to have been breached or interfered with by reason
of O or' s exercise of the rights herein reserved in this
19) Administrative Charges: In the event any check, bank draft or
negotiable instrument given for any money payment hereunder shall be
dishonored at any time and from time to time, for any reason
whatsoever not attributable to Operator, Operator shall be entitled,
in addition to any other remedy that may be available, to make an
administrative charge of Twenty ($20. 00) Dollars for each such check.
20) -Possession n-the event-Operator-- is-unable -to-tea
possession of the leased premises because of the unauthor ' . - . holding
over of any tenant or tenants or due to delays in c. • - ruction or any
other reason, as long as such inability conti - , a per diem
abatement of the rent shall be allowed t. -ssee but nothing shall
/ %, operate to extend the term of this - .se beyond the original
' o date and said abs m of rent shall be the total limit of
6(15 expiration abate
ml
of Operator t. -ssee for any losses or damages incurred by
Jsee due or re - - - 4 to such delay in obtaining possession of the
' leased prem . The computation of the per diem abatement in the
ren '•-seemed to be the liquidated and agreed damages for any delay
21) Portions of Premises Not Demised: Lessee understands and agrees that
during the terms of this Lease, Operator may use or cause to be used
for conventions, expositions, attractions, or for any legal purpose
whatsoever, any portion of Operator's building not demised to Lessee.
Operator shall not be responsible for any actions of any other user of
the building.
22) Floor Plan: Lessee shall provide the General Manager with a floor
plan, indicating all spaces to be used for exhibits, at least sixty
(60) days before the Lessee publishes or distributes any material
containing such information. The floor plan to be provided by Lessee
shall set forth all information pertinent to operating policies for
the event. The General Manager hereby reserves the right, by written
notice to Lessee within ten (10) days of receipt of the floor plan, to
require Lessee to make such changes, deletions and additions in the
floor plan and the operation policies described therein as he may deem
reasonably necessary or desirable to the safe and efficient operation
of the Miami Beach Convention Center. Failure by Lessee to make any
such reasonable changes, deletions or additions requested by the
General Manager within ten (10) days after receipt of notice thereof
shall constitute a default or Operator may deny possession to the
Lessee.
23) Notice to Food Service Concessionaire: Lessee will advise the
Convention Center concessionaire of all of its food, beverage and
catering requirements, if any, as soon following execution of this
Agreement as is practicable, and shall not enter into any contract,
5
agreement, promise or obligation, whether written or oral, expressed
or implied, with any other party for the purpose of providing the
aforesaid services. If exhibitors intend to give away food or
beverages, these items must be purchased through the concessionaire.
24) Lessee shall make available to Operator, upon request, all records and
books related to this Agreement at such time and place as shall be
designated by Operator for examination thereof for the purpose of an
audit to be performed by an auditor designated by Operator. Lessee
shall inform all services retained by it to provide services in
connection with Lessee' s Lease of Operator ' s premises pursuant to this
Agreement, that they must also agree to the aforesaid provision
relating to audit upon request of Operator.
25) Lessee' s Employees and Agents: Operator will not furnish any
technicians, stagehands, ticket sellers, ticket takers, ushers,
security guards, or any other auxiliary personnel not otherwise
expressly provided for herein and such personnel engaged to provide
the said services are employees of Lessee, whose responsibility it is
to provide payment of workmen' s compensation, unemployment insurance,
social security and withholding taxes. Neither the Operator, its
representatives, agents or employees or the Miami Beach Convention
Center, its representatives, agents or employees are responsible for
ushers or security hired by the Lessee or any other parties.
26) Emergency Powers to Vacate Premises: The General Manager may
extinguish all lights in the leased premises, cease operation of the
air conditioning system, terminate service of any other utilities upon
the premises, order evacuation of all or any portion of the leased
premises, or cause to be removed therefrom any person or group of
persons, any materials, equipment or other items if, in his judgment,
circumstances of a dangerous or unusual nature have occurred, or he
reasonably believes are about to occur, and such action is necessary
to secure the safety and welfare of persons and/or property, and.
Lessee waives any right and/or claim for damages against Operator, its
agents or servants, in such eventuality.
27) Supply of Keys to General Manager: The General Manager or his
representative shall have available to him at all times, total and
complete access to all portions of the leased premises. Lessee shall
supply to the General Manager, or his representative, a key or keys to
any and all parts of the premises which Lessee desires to secure under
lock, such keys and locks to be provided for and installed and removed
at the sole expense of Lessee, subject to immediate removal upon
termination of this Agreement, or otherwise at the discretion of the
General Manager. In the event the General Manager determines it to be
necessary to remove any locks which have been installed by Lessee, the
General Manager may order such removal, the cost of which shall be
borne by Lessee.
28) No Box Office Bailment: N/A
29) General Manager' s Discretion: Any matter not expressly provided for
herein shall be within the reasonable discretion of the General
Manager.
30) Miscellaneous:
(a) All legal proceedings arising from this Lease shall be in the
courts situated in Dade County, Florida.
(b) If any section, subsection, clause or provision of this Lease is
held invalid, the remainder shall not be affected by such
invalidity.
(c) This Lease may only be altered, changed or amended by an
instrument in writing signed by both parties hereto.
6
•
(d) No waiver of any covenant or condition of this Lease by either
party shall be deemed to imply or constitute a further waiver of
the same covenant or condition or any other covenant or condition
of this Lease.
(e) This Lease contains and embodies the entire agreement of the
parties hereto and no representations, inducements or agreements,
oral or otherwise, between the parties not contained and embodied
herein shall be of any force and effect.
(f) In any conflict between the Lease and other written provisions,
the Lease shall prevail.
(g) Operating Rules and Regulations as contained in "Event Users
Guide" are hereby incorporated into this agreement by referenced
unless otherwise amended by separate addendum.
31) Other Terms and Conditions: The Lessee shall provide, at Lessee' s
sole cost and expense, off-duty Miami Beach Police Officers and off-
duty Miami Beach Firefighters and/or Miami Beach Rescue Service, as
required by the Miami Beach Fire and Police Departments.
ATTEST: LESSEE: AMERICAN RENTAL ASSO IATION
l"1,f; / /V 1
. / forttii/
Feb. 11, 1992 By: �_� � '��;'-"• �'
Date Executive Vice Presi -nt , James R. Irish
( //
A ST: OPERATOR: SPECTACOR MANAGEMENT GROUP
t/ 2(L&
)0(k
Y
2LL
Date Thomas L. Connors, General Manager
FORM APPROVED
LEGAL DEPT.
B
Date
7
•
MIAMI BEACH CONVENTION CENTER
MIAMI BEACH, FLORIDA
BOOKING POLICIES
I. STATEMENT OF PURPOSE:
The Miami Beach Convention Center (the "MBCC" or the "Center") is
a national and international convention, tradeshow, and multi-
purpose facility owned and operated by the City of Miami Beach.
The facility was enlarged and remodelled with Convention
Development Tax proceeds with the primary objective of promoting
p • activities which generate substantial
and facilitating events and
economic benefits to Dade County and the City of Miami Beach.
In addition, the facility was developed with a secondary objective
of providing services and facilities to respond to the needs of
county and local activities which promote business and generally
enhance the quality of life for the community the facility serves.
Reservations more than twenty-four (24) months before the event are
normallyhandled through the Greater Miami Convention and Visitors
Bureau (the "Bureau") , subject to approval of the MBCC, and are
subject to the guidelines of II (a) below.
Reservations less than twenty-four (24) months before the event are
normally handled by the MBCC and are subject to the policies
outlined herein.
When booking the MBCC, consideration shall be given by both thN\e
Bureau and the Convention Center management to the following
factors:
(a) Projected overall economic impact on the City of Miami
Beach and Dade County;
(b) Total number of hotel rooms required;
c Projected revenue to the facility both in terms of direct
( ) j
space rental revenue, as well as projected revenue from
concessions and other building services;
(d) Time of year;
(e) Potential for repeat booking; and
(f)
Previous history and experience of the potential user ,
with respect to use of similar facilities.
1 ///
•
I I. SCHEDULING PRIORITIES:
A. First Priority Events. Generally speaking, first priority
for scheduling facilities and dates in the MBCC is available to
regional, national and international conventions, tradeshows,
corporate meetings and similar activities which are not open only
to the general public, and require in excess of 50, 000 net square
feet of exhibit space in the MBCC and the 1500 hotel rooms on the
peak night in Dade County. Hotel room counts are based on prior
history of the event and subject to verification by an independent
surveyor under the supervision of the Bureau.
Facility and space scheduling commitments, i.e. , reservations,
for First Priority Events, may be made as far in advance as is
necessary or appropriate and may supercede requests for other
events and activities, unless a lease agreement has been previously
executed by the MBCC and the user for such other event. Lease
agreements for First Priority Events may be entered into as far in
advance as necessary or appropriate at the discretion of the
Director of the MBCC (the "Director") .
B. Second Priority Events. Second priority for scheduling
facilities and dates in the MBCC is available to consumer or public
exhibitions, tradeshows (open to the trade only) , local corporate
meetings, special events, entertainment events, business meetings
and other activities which essentially draw from or appeal to the
generalpublic ublic and/or local or regional attendees and
participants.
Tentative facility and date scheduling reservations for Second
PriorityEvents are generally made not more than three years in
advance and are subject to change to accommodate First Priority
Events unless a lease agreement has been previously executed by the
MBCC and user for such event. However, large consumer and public
exhibitions and trade shows held on an annual basis may at the
discretion of the Director obtain tentative scheduling reservations
for facilities and dates on a long-term basis, subject to
rescheduling or termination to accommodate First Priority Events.
Lease agreements for Second Priority Events shall, upon request of
theart holding the reservation, be issued twenty-four (24)
p y• not more than twenty-four months prior to the event, but (24)
monthsp rior to the event. The lease agreement shall provide that
if the Bureau has a potential First Priority Event seeking to lease
the facility during Lessee's contracted dates and within the
fifteen to twenty-four month period prior to the Lessee's event,
the Lessee shall agree to use its best efforts to move its event
a few dayswa either in order to accommodate the Fist Priority
Y
Event.
2
•
Within the Second Priority category, the MBCC will give
preference to long-standing public shows and tradeshows held on an
annual basis with a proven record of success at the MBCC and which
have produced significant revenue to the MBCC, and may offer
alternate dates in a given year which may result in termination of
other second priority scheduling reservations.
Subject to the priorities set forth above, the Director may
exercise his discretion as to the issuance, modification, or
termination of scheduling reservations.
III. PROTECTION CLAUSE:
A Protection Clause may, upon the recommendation of the
Convention Center Advisory Board, be granted to long standing
annual local and regional public and trade shows with a proven
record of success and of significant economic impact to Dade County
and the City of Miami Beach. If granted, such Protection Clause
will be included in the lease agrement, which will not be issued
earlier than twenty-four (24) months prior to the event. The
Protection Period shall not exceed a total of sixty (60) days plus
the show days. The number of days prior to and after the event
shall be the subject of agrement between the Lessee and the
Director, but a minimum of fifteen (15) days shall be required on
each side of the event. If a Protection Clause is granted, it will
read as follows:
PROTECTION CLAUSE:
Lessor agrees that it will not lease any
portion of the Convention Center facility to any
Competing Event for the period commencing days
before Lessee's first show day and concluding .
days after Lessee's last show day (the "Protection
Period") . A "Competing Event" is hereby defined as
an event which has thirty percent (30%) or more of
the total number of exhibitors/booths in the event
showing/selling product lines the same as or
substantially similar to the product lines in the
Lessee's event; provided, however, that a show that
is open to the public shall never be deemed a
Competing Event with a show open only to the trade,
and vice versa. Nor shall a "First Priority Event"
(as that term is defined in the Convention Center
Booking Policies) ever be deemed a Competing Event.
The determination of whether or not an event is a
"Competing Event" shall be solely within the
discretion of the Director and shall be based upon
thep roduct lines in the proposed event's prior
shows.
3
IV. DEFINITION OF TERMINOLOGY:
In the process of scheduling facilities and datesthe following
terms and definitions shall always apply to scheduling commitments,
i .e. , reservations, issued by the MBCC:
TENTATIVE:
Facilities and dates will be temporarily held pending
notification to the contrary by either party. In the event
a tentative commitment is released by the MBCC, the requesting
party will be notified the facilities and/or dates have been
released.
SECOND OPTION:
Facilities and dates will be reserved tentatively but the
tentative reservation will be contingent upon release of a
prior reservation which is considered first option.
FIRST OPTION:
Facilities and dates reserved on First Option are reserved
tentatively but a conflicting commitment for the facilities
and datesenerally will not be made in favor of a second
g scheduling priority party within the same sch g p Y without
first offering the party holding a First Option an opportunity
to either execute a lease agreement or release its
reservation. A First Option held by a Second Priority Event
can always be superceded by a First Priority event, unless a
lease agrement has been previously executed. At the
discretion of the Director, a party with a First Priority
event holding A First Option may be required, within seven (7)
days of written notice, to execute a lease agreement and post
a deposit at anytime that the Director has a good faith
request in writing from another First Priority
p event for the
same dates.
CONFIRMED:
Facilities and dates are considered as confirmed or under
contractual commitment only upon execution of a MBCC lease
agreement bythe event sponsor and the City of Miami Beach
g specifying all details of the commitment. However, facilities
and
dates maybe held as "firm" upon receipt of a letter of
confirmation irmation sig ned by both the event sponsor and the Director
pending preparation the of a lease agreement. In the event
such a letter of confirmation is signed by both the sponsor
and the Director, no conflicting scheduling will be made
period a reasonable to permit preparation and execution
of a lease agreement.
4
•
w F
No variance from the Center's agreement represented in the above
terms may be made in any case except upon the prior, express
written approval of the Director.
V. DEPOSIT SCHEDULES:
Deposits are required for all activities upon execution of a formal
SMCC lease agreement.
FIRST PRIORITY EVENTS:
A deposit in the amount of one day's minimum guaranteed rental
per hailor such other deposit as the Director may authorize,
is required upon execution of lease agreement. For events
leased several years or more in advance, special arrangements
may be negotiated, at Center's option, for a lesser deposit
upon lease execution with the deposit balance due and payable
sixty (60) days in advance of the event.
SECOND PRIORITY EVENTS:
A minimum deposit will be required upon execution of lease
agreement as follows: one day's minimum guaranteed rental for
the first hall, and an additional 33 1/3% of one day's minimum
guaranteed rental for each additional hall. However, first-
time events without a past history of success and event
sponsors with inadequate references, or prior event
sponsorship, a record of slow payment, etc. , may be required,
at the Center's option, to remit up to one hundred percent
(100%) of anticipated rental and related expenses upon
execution of lease agrement.
Events and circumstances not covered in the above scheduling
policies may be subject to special conditions as deemed appropriate
by the Director.
PNB: lm
120789 Rev.
060890 Rev.
Ref: BOOKPOL.CVN
5
U1ti1h!_LVA.L `\
RESOLUTION L.O. 92-204/9
Authorizing Spectacor �y„,.nagement Group to
execute a lease agreement with the
American Rental Association for use of
Halls A, B, C and D of the Convention
Center February 1 through February 11, 1994.
\c")
4