97-22457 RESO
RESOLUTION NO.
97-22457
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY CF
MIAMI BEACH, FLORIDA, APPROVING A CONTRACT BETWEEN PAC E
THEATRICAL AND SPECTACOR MANAGEMENT GROUP, ON BEHALf O'F
THE CITY OF MIAMI BEACH, FOR THE PRESENTATION OF A BROADWAY-
TYPE ENTERTAINMENT SERIES THROUGH 2001-02
WHEREAS, the City of Miami Beach owns the Jackie Gleason Theater and is desirous Jf
facilitating the continued presentation of high quality entertainment events at that venue; and
WHEREAS, the City has enjoyed the presentation of first-class Broadway entertainm~:nt at
the Jackie Gleason Theater since 1975; and
WHEREAS,the City Commission has voted to allow for an open booking policy as re.5al d
to the presentation of Broadway-type entertainment; and
WHEREAS, Pace Theatrical Group, the preeminent producer of touring Broadway.ty Je
entertainment series in the United States has expressed a desire to continue presentation in the JicLie
Gleason Theater; and
WHEREAS, Spectacor Management Group, management company for the Jackie GI€:as.>n
Theater, has negotiated an Agreement with Pace Theatrical Group that would ensure the conti nu~d
presentation of a first-class Broadway-type entertainment series at the Theater through the 2001-)2
theatrical season; and
WHEREAS, said Agreement is a fair and equitable understanding that is mutually bemfie ,al
to both Pace Theatrical Group and to the cultural and economic interests of the City of Miami Heath;
NOW, THEREFORE TIE IT DULY :P.,ESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and C.ty
Commission hereby approve the Agreement between Pace Theatrical Group and Spectac. or
Management Group, on behalf of the City of Miami Beach for the non-exclusive presentation 0: a
Broadway-type entertainment series at the Jackie Gleason Theater tough the 2001-02 theatri .:al
season. .
PASSED and ADOPTED this 2nd of
,1997.
'-,.,-,
ATTEST:
_~vLvM) r~/
CITY CLERK
APPROVED AS TO
fORM & LANGUAGE
& FOR EXECUTION
1f ~ 6/~j"
CITY 0 F
MIAMI
BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.fl.LJ5
COMMISSION MEMORANDUM NO. ~ I(,,-~ 1
TO:
Mayor Seymour Gelber and
Members ofthe City Co ission
DATE: July 2, 19'7
SUBJECT:
RESOLUTION AP 0 ING A PROPOSED NON-EXCLUSIVE AGREEl\'lIEl"T
BETWEEN PACE ATRICAL GROUP AND SPECTACOR MANAGEMENT GROt p,
ON BEHALF OF E CITY OF MIAMI BEACH, FOR THE PRESENTATION OF A
BROADWAY-TYPE ENTERTAINMENT SERIES THROUGH 2001-2002 SEASON.
FROM:
Jose Garcia-Pedrosa
City Manager
ADMINISTRATION RECOMMENDATION:
Approve the resolution and the proposed negotiated agreement.
BACKGROUND:
The Commission, in its action on May 7, 1997, voted to transition the Jackie Gleason Theater of the Performin~ A ts
to an open booking policy for Broadway-type entertainment following the conclusion of the existing agreemenl w th
Pace Theatrical Group (PTG), which runs until June 30, 1998.
Subsequently, Spectacor Management Group (SMG), management firm for the Jackie Gleason Theater (of tle
Performing Arts, entered into negotiations with PTG for the non-exclusive presentation of a subscription senes Jf
Broadway-type entertainment at the Jackie Gleason Theater of the Performing Arts. PTG and its predecessors ha Ie
presented this type of entertainment at the Jackie Gleason Theater of the Performing Arts since 1975 and desire to
continue to present same through the 2001-2002 theatrical season. PTG wishes to have a contract to prest nt
performances because PTG wishes to have "First Priority" under the amended Booking Policy adopted by tht C ty
Commission on June 18, 1997. That Booking Policy requires that there be a contract for at least 20 performances
over at least four years in order for a presenter to be given "First Priority". Normally, such a contract wOlld Je
signed by the presenter with SMG, but SMG's management contract expires in approximately two years, ar d tIe
City's approval of the four-year contract is therefore required.
ANALYSIS:
Highlights of the proposed agreement (copy attached) include the following:
Guarantee of a minimum of thirty (30) performance days (versus 48 currently), consisting of at least f( ur
separate events per theatrical season.
Guaranteed minimum total rent payments of $90,000 for the 1998-99 season, $95,000 for the 1999,20)0
season, $97,500 for the 2000-2001 season, and $100,000 for the 2001-2002 season. Ihis rental, viewed w,~ek .y,
equates to $18,000, $19,500, and $20,000 per week respectively, and compares to the current PIG rental r;te
of $17,000 per week for the 1997-1998 season.
0., fI'''"''
AGENDA ITEM ~l:l'_
DATE -----=:1:1::.9.]
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Additional rent payments of five percent of gross weekly ticket sales (net of taxes and surcharges) excfedi 19
$500,000.
A commitment to work with the City and SMG in developing joint marketing efforts, including a machi 19
grant of $25,000 annually toward such marketing efforts to be expended for general promotion of the Ilea er
outside the scope of the PIG events.
Adherence to the Jackie Gleason Theater Booking Policy subsequent to approval of said policy with revisic ns
in June 1997.
In contrast to the existing agreement, the proposed agreement grants no exclusive rights to PTG in this presemati m
genre, and offers no date protection against similar events being booked into the Jackie Gleason Theater of 11e
Performing Arts. Committee consideration by the Convention Center Advisory Board approved the proJm ~d
agreement at a special call meeting on June 23, 1997.
The rental fees and contributions guaranteed to the City in this agreement total $482,500 over the four years, T le
agreement ensures the continuation of the presentation of first-class Broadway-type entertainment at the. ad ie
Gleason Theater of the Performing Arts through the 2001-2002 theatrical season. The rent structure is hir as
compared to similar series, and the rental arrangement returns significantly more revenue per use day than the Cllfn nt
agreement, even though exclusivity has been deleted.
CONCLUSION:
The approval of this agreement will allow PTG to be classified as a first priority presenter as defined in the ammd~d
booking policy, as approved by the Commission of June 18, 1997. Additionally, the approval of this contract \\ ill
increase the per day revenue in comparison to previous years and assure the continued presentation of Broadway-t) Je
entertainment at the Jackie Gleason Theater of the Performing Arts for the coming four theatrical seasons.
JGP:~T:lcd
Attachnients
F:\CMGR\$ALL\COM-MEM. 97\PTGBRDWY,AGM
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AGREEMENT
THIS AGREEMENT, made and entered into this ;J.. day of JW1 1997, by and belwc~n
SPECTACORMANAGEMENT GROUP, hereinafter called "OPERATOR", AND PTG FLORIDA, INC., a
Florida corporation, hereinafter called "PRODUCER", WITNESSETH: OPERA TOR manages, operate s 3;ld
maintains the Jackie Gleason Theater, on behalf of the City of Miami Beach, a Florida municipal corporatiol (t l1e
"City"), under rights granted by and obligations imposed under an Agreement between CITY and OPERArOR.
That the OPERATOR grants unto the PRODUCER the use and occupancy of the Jackie Gleason Theater, upm
the following terms and conditions.
1. OPERA TOR does hereby give and grant to the PRODUCER the non-exclusive right to presl nt
a Broadway subscription series consisting of touring Broadway-type dramatic and dramatic musical prodm:tic ns
and concerts, whether or not such productions have a story line, at the Jackie Gleason Theater (herebaf.er
referred to as "JGT"), Miami Beach, Florida, commencing on July 1, 1998 and ending on June 30, 2002. A
theatrical season begins on the first day of October and ends the following thirtieth (30) day of May.
2. This contract is granted upon the following terms, conditions and covenants:
a. PRODUCER covenants that, under the rights granted by this Agreement, a minimum th~l (~ 0)
days per season (each season defined as October I-May 31) with at least one performanGe I er
day, consisting of at least four separate events, shall be presented in each theatrical seas on
b. The extent, date and time of each performance shall be presented by the PRODUCER Ito 1i l1e
designated representative of the Jackie Gleason Theater and all dates are to be tentativel:, hlld
subject to the Jackie Gleason Theater Booking Policy as revised and adopted in June 199~". ,1.11
date holds shall be confirmed in writing but may be changed subject to availability or cance:::d
by the PRODUCER. All dates reserved and not canceled by April 1 for October th:oUigh
December dates of the subsequent season, or June 1 for January through May dates of Ii he
subsequent seaSOll, with written notice from the PRODUCER shall be charged tiO the
PRODUCER at the rate of $500 per day unless the OPERATOR shall obtain another less:::eor
those dates or any part thereof. PRODUCER shall promptly and punctually pay the penal ty:et
forth in this section and in all cases will pay the penalty within thirty (30) days of its being dIe.
PRODUCER maintains the right to block out two (2) weeks per month during the theatri:al
season, with a maximum hold often (10) weeks. However, this shall not preclude PRODUCER
from obtaining additional weeks within said month subject to availability and OPERP..TOR
approval.
c. The base rental per performance day at the Jackie Gleason Theater will be as follows:
1998-99 $3,000 per performance day
1999-2000 $3,166 per performance day
2000-01 $3,250 per performance day
2001-02 $3,333 per performance day
PRODUCER shall receive one free move-in day per event. In addition to the above base) em aI,
the PRODUCER shall pay at settlement to the OPERA TOR a rent equal to five percent (510)
of gross weekly ticket sales in excess of$500,000, such gross sales defined as net of applica lIe
gross receipts taxes and surcharges. This additional rent shall not apply to blockbuster (:ve Its
as defined in the Jackie Gleason Theater Booking Policy.
For purposes of this contract, a week shall be defined as the period of time consistmg of
Monday through Sunday during which there are a minimum of six (6) performances of a she w.
When the theater is being rented on a weekly basis the PRODUCER will pay the OPERJ\TOR
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$1,250 for an eighth day for move-in and $2,000 per day for the ninth and subsequent move .in
days. OPERA TOR is required to provide the PRODUCER with air conditioning only duri! llg
theatrical performances (show time) and not during rehearsals and move-ins. Ifrequest.~d or
other than show times, air conditioning may be provided at the prevailing building rate.
d. The OPERATOR maintains the right to rent the theater to another lessee for portions)f 1 he
same day on which PRODUCER is presenting a show provided that such rental will Lot
materially interfere with the production of the PRODUCER'S show and will not result in he
PRODUCER incurring additional cost.
e. The PRODUCER shall pay to the OPERA TOR the sum of Three thousand dollars ($3000) or
each and every day less than the minimum thirty (30) day requirement in paragraph 3c as
liquidated damages and not as a penalty.
f. The PRODUCER shall furnish to the OPERA TOR twenty (20) top price promotional tlick :ts
for the opening night of each show, and ten (10) top price promotional tickets fOl el ch
additional performance thereafter.
g. PRODUCER agrees to cooperate with OPERATOR and the CITY in joint marketing e ffeis
for the facility. In addition to cooperation, PRODUCER agrees to contribute Twent'~T-f ve
thousand dollars ($25,000) annually to the OPERA TOR on the condition that such amOlmt be
matched from the CITY or other sources for the purpose of funding such facility market ng
efforts. Disbursement ()f said monies shall be at the mutual agreement of PRODt: CI R,
OPERA TOR, and CITY;:
3. Technicians, stage hands, and other personnel as needed may be employed by the PRODUCIR
and shall be considered, for the purpose of this Agreement, the employees of the PRODUCER, and he
PRODUCER shall be responsible for the payments of Wages, Workers' Compensation, Unemplo:,;m:nt
Insurance, Social Security and Withholding Taxes. The OPERATOR reserves the right during the period oft lis
contract to employ its own ticket takers, and ticket sellers, ushers and other personnel, as needed in pLlce of
PRODUCER'S employees with the exception of ticket telephone sales and subscription sales. In the event he
OPERA TOR employs ticket takers, ticket sellers, ushers and other personnel as needed the PRODUCER agn ~es
to pay the OPERA TOR for such services. PRODUCER agrees to pay for all preliminary and run of sho'.\' t ox
office labor at the rate of $2000 per show week, plus applicable credit card administration fees. It is agreed t tat
PRODUCER will provide will-call staff outside ofthis fee. Additionally, this fee shall be prorated as apphca lIe
to performance weeks containing fewer than 8 performances.
4. The OPERA TOR shall also furnish at its expense janitorial services and supplies, house] igl ts,
all lighting available in the Jackie Gleason Theater and lighting equipment, and all available Jackie Gleawn
Theater sound equipment and systems.
5. The PRODUCER agrees to procure and maintain in effect, at his own expense, for each per od
of time during which he shall have the right to possession of the said premises and facilities under the terms I nd
provisions of this Agreement, commercial general liability insurance, on an occurrence form, in the amount of
$1,000,000 per occurrence for bodily injury, death, property damage and personal injury. The policy mIst
include coverage for premises operations, blanket contractual liability (to cover the indemnification provision)
products liability and completed operations and independent contractors. PRODUCER shall also prov de
automobile liability insurance in the amount of One Million ($1,000,000.00) Dollars per occurrence to provde
coverage for any owned and non-owned vehicles used by the PRODUCER on the Facility premises, includ ng
loading and unloading hazards, which must name the City of Miami Beach and OPERA TOR as additio lal
insureds. PRODUCER agrees to hold harmless, save, insure, protect, defend and indemnify the OPEIu\TOR
and the CITY OF MIAMI BEACH and its officials and employees from any and all suits, causes of "cti m,
claims, obligations, demands, damages or liability which may arise from or accrue by reason of the POSSi:SS on
and use of the said premises and facilities by the PRODUCER. The insurance policies so provided shall cont lin
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provisions that the OPERA TOR Insurance Manager shall receive not less than five days prior written not!,ce ,of
any change, modification, alteration or cancellation of said insurance. Said policy shall be subject to the app rOl al
of the City ofMiarni Beach and OPERATOR'S Insurance Managers, and shall be submitted by the PRODFCl R
not less than five days prior to the date of the first presentation under the provisions of this Agreement. T Ie
insurance required hereunder shall be furnished by insurance companies rated A:X or better according the AJ.1.
Best's Key Rating Guide (latest edition) and who are duly authorized to do business in Florida.
6. The PRODUCER further agrees:
a. That all concessions or other rights and privileges as to the serving or dispensing of fOld,
beverages, candy and tobacco or any other article sold or offered for sale dispensed or s';:n,~d
to the public, excluding the distribution of free programs in or about the premises are reI aiD! ~d
by the OPERA TOR.
b. The said PRODUCER will not vend, sell, serve or otherwise dispense beer, wine or liquor'), r or
any other item conflicting with the rights of the concessionaire upon said premises.
7. The PRODUCER further agrees to deposit with the OPERATOR upon the executioil ud
delivery of this instrument, Two Thousand Five Hundred Dollars ($2,500.00) which deposit shall be deemed a
guarantee and which deposit will be held by the OPERA TOR and may be applied to any rentals canceled W,thlut
proper notice to the OPERA TOR or other obligations or PRODUCER.
8. Payments to be made to the CITY by the PRODUCER shall be made as follows:
a. The basic rental payment as set forth herein or adjustment thereof shall be paid for the ,;:nt Ie
run of each show on or before move in day for each show.
b. All other charges shall be paid on or before move out day provided such amount is not ava ila;!Ile
to OPERA TOR through box office receipts for each show.
c. Unless exempted, this Agreement is subject to the State of Florida sales tax, which is curren:ly
6.5%, and the PRODUCER shall pay the same.
9. PRODUCER further agrees to furnish the OPERA TOR attendance totals and any reasc,na lie
additional backup material necessary for the OPERA TOR internal auditor to verify such attendance totails.
10. This Agreement may be modified from time to time by mutual agreement of the parties"wh ch
said agreement shall be reduced to writing and executed by the parties. Said modifications may be treated as an
amendment to or a supplement to this Agreement.
11. PRODUCER shall collect for the CITY One Dollar ($1.00) per ticket sold for the Commurity
Benefit Committee for the Performing Arts, or any such entity which may succeed said commiLee in
administration of the surcharge, in accordance with Resolution Nos. 83-17447 and 84-17882, and remit to he
City $1.00 per ticket sold and furnish box office statements to Producer for each performance. Surcharge is' lot
considered rent.
12. OPERATOR and PRODUCER hereby acknowledge and confirm that the Broadway 'Series
throughout Florida is presented by the Florida Theatrical Association, a Federal and State not-for-profit 501(()3
Organization in association with PRODUCER. Florida Theatrical Association sponsors and preseIlts ,he
Broadway Series and has an Agreement with PRODUCER to implement the series and OPERA TOR hereby
consents to the same.
13. ASSIGNMENT AND SUBLETTING: PRODUCER shall not assign, transfer, or sublet tlis
Agreement or its right, title or interest therein without OPERA TOR'S prior written approval, except as provided
above.
14. INTENTIONALLY OMITTED.
15. PREMISES AND EQUIPMENT:
a. This Agreement grants unto the PRODUCER the full use of stage, existing stage setting" stlge
properties, stage lights, dressing rooms, "green room", orchestra pit, orchestra, mezzanine and balcony seats,
lobby, gallery and entry ways. The PRODUCER shall take the premises as they are at the time of occupancy by
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the PRODUCER. In the event the PRODUCER finds it necessary to remove or change the location of any sta~e
rigging, settings, curtain or equipment, the changes shall be made by the PRODUCER at the PRODUCER'S
expenses; provided, however, that no removals or changes shall be made without prior written consent oftle
Theater Director. PRODUCER further agrees to replace and restore all said stage riggings, settings, curtans Dr
equipment to the former location and condition in which the PRODUCER found them.
b. PRODUCER agrees to pay costs of repair and replacement and all damages of whatever ori! in
or nature which may occur during the term of this Agreement in order to restore the leased premises or other parts
of the OPERATOR'S premises affected by the event to a condition equal to that at the time this Agre€::mmt
became effective. In the event the PRODUCER shall fully and faithfully comply with all of the terms, covenan,:s,
provisions, and conditions of this Lease, said security deposit shall be set off against any rent owed 10 tile
OPERA TOR at the termination of the Lease. In the event of any bankruptcy or other insolvency proceeding ag.. in
PRODUCER, it is agreed that all security deposits held hereunder shall be deemed to be applied by OPERA T( R
to rent, sales tax and other charges and/or penalties due at date of bankruptcy and/or insolvency.
c. PRODUCER shall not injure, mar, or in any manner deface the premises or any equipml. nt
contained therein and shall not cause or permit anything to be done whereby the said premises or equipml. nt
therein shall be in any manner injured, marred or defaced. PRODUCER further agrees it will not tape items, dr! ve
or permit to be driven nails, hooks, tracks, or screws into any part of said building or equipment contained tllenin
and will not make or allow to be made any alterations of any kind to said building or equipment contained there n.
PRODUCER further agrees that if any alterations are made to accommodate productions, PRODUCER. v' ill
restore facility to same condition as when they took occupancy at PRODUCER expense.
16. REHEARSAL HALL: Unless otherwise specified in this Agreement, the rehearsal hall is lot
included in the leased premises nor is rent for the rehearsal hall included in the amount of rent payable br ' he
leased premises. The rehearsal hall is subject to additional rent charges. The rehearsal hall will not howe\ier, be
subject to additional rent charges if used by PRODUCER during run of show.
17. ORDINANCES AND REGULATIONS: PRODUCER will comply with all laws, ordiIl anlles
and regulations adopted or established by federal, state or local governmental agencies or bodies; and by all
facility rules and regulations as provided by OPERATOR, and PRODUCER will require that its agen:s fnd
employees likewise comply. PRODUCER agrees that at all times it will conduct its activities with full reg;;.rd
for public safety and will observe and abide by all applicable regulations and requests by duly authori;, ed
governmental agencies responsible for public safety and by OPERATOR to assure such safety. OPERJ\TC)R
further agrees that all portions of sidewalks, entries, doors, passages, vestibules, halls, corridors, stailWa! is,
passageways, and all ways of access to public utilities of the premises shall be kept unobstructed by he
PRODUCER and shall not be used for any purpose other than ingress or egress to and from the premi:;es by
PRODUCER. PRODUCER also shall not use or store or permit to be used or stored in or on any part of he
Leased premises any substances or thing prohibited by law, ordinance, or standard policies of fire insuraJ! Ice
companies operating in the State of Florida, without the permission of the OPERATOR. Illuminatin,~ 01 Is,
candles, oil lamps, turpentine, benzene, naphtha, or other similar substances or explosives of any kind ShIll lot
be placed in or on the licensed premises. It is further agreed that no inflan1ffiable materials, such as bLnti Ig,
tissue paper, crepe paper, etc., will be permitted to be used as decorations and decorative materials unless they
are treated with flame proofing and are approved by the appropriate inspector of the City of Miami Bead or
Dade County, Florida, before the same are installed.
18. POWERS TO VACATE PREMISES: OPERATOR shall retain the right to Calse
interruption of any performance in the interest of public safety, and to likewise cause the termination of such
perfOrn1ance when in the judgement of the OPERA TOR such action is necessary in the interest of public iiafi.ty.
Should it become necessary in the judgement of the OPERATOR to evacuate the premises because of a bonb
threat or for other reasons of public safety, the PRODUCER will retain possession of the premises, for suffici! ~nt
time to complete presentation of its activity without additional rental change. If it is not possible to comp; ete
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presentation of the activity, rental shall be prorated, and the PRODUCER hereby waives any claim for danlag~s
or compensation from the OPERA TOR. OPERA TOR reserves the right to make such announcements lilS ",re
deemed necessary at any time in the interest of public safety. PRODUCER agrees that it will cooperate with tae
delivery of such announcements for public safety, including but not limited to, announcements to require patroas
to leave their seats or to leave the premises. The OPERA TOR reserves the right to eject or cause to be ej'ect;~d
from the premises any person or persons causing a disturbance, and neither the OPERA TOR nor any of Its
officers, agents or employees shall be liable to the PRODUCER for any damages that may be sustained by tie
PRODUCER through the exercise by the OPERA TOR of such right.
19. DEFAULT AND OPERATOR'S REMEDIES: Default shall be defined as the untlm€ly
performance of any and all clauses in this Lease. OPERA TOR may exercise any or all remedies enumerated or
permitted by law. OPERATOR may hold a landlord's lien on any and all personalty when PRODUCER. is in
default and PRODUCER expressly gives OPERATOR permission to remove and store at PRODUCER'S
expense, any personalty abandoned on the demised premises. The PRODUCER shall pay upon demand ,111
OPERA TOR'S expenses and costs incurred in enforcing the PRODUCER'S obligations under this le~!se
including but not limited to: legal costs, charges and/or expenses, includingrreasonable attorneys' fees incurr,:d
by OPERA TOR in any pre-litigation negotiation, litigation and/or appeal in which the PRODUCER causes tile
OPERA TOR to become involved or concerned. OPERA TOR may resort to anyone or more of such rem edi! es
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. In the event of litigation, the prevailing party shall be ell tit! ~d
to reasonable attorneys' fees and costs (including paralegal, law clerk and legal research fees) at pre-trial, trill,
administrative, bankruptcy and appellate levels.
20. RIGHT OF ENTRY: Any duly authorized agent or agents or employees of the OPERA IC R
shall have the right at any time to enter into any and all parts of the premises for the purpose of inspectir.g I Ie
same, making or causing to be made, necessary repairs thereto, enforcing all necessary and proper rules filr I Ie
management and operation of the premises, and enforcing the PRODUCER'S obligations hereunder.
21. SUPPL Y OF KEYS TO OPERATOR: The OPERATOR or his representative shall ha re
available to him at all times, total and complete access to all portions of the leased premises. PRODUCER sh III
supply to the OPERA TOR, or his representative, a key or keys to any and all parts of the premises whi;h
PRODUCER desires to secure under lock, such keys and locks to be provided for and installed and remm'ed at
the sole expense of PRODUCER, subject to in1mediate removal upon termination of this Agreement, or otherwJ! se
at the discretion of the Director. In the event the Director determines it to be necessary to remove any locks whi;h
have been installed by PRODUCER, the Director may order such removal, the cost of which shall be borne )y
PRODUCER.
23. NO BOX OFFICE BAILMENT: In the handling, control, custody and keeping of receipts a ld
funds, whether the same are received through the box office or otherwise, the OPERATOR is acting for lIe
accommodation and sole benefit of PRODUCER and that, as to such receipts and funds, the OPERA TOR sh III
be responsible only for gross neglect, bad faith or theft.
25. MISCELLANEOUS:
a. All legal proceedings arising from this lease shall be in the courts situated in Dade Ccun y,
Florida.
b. If any section, subsection, clause or provision of this Lease is held invalid, the remainder sh III
not be affected by such invalidity.
c. This Lease may only be altered, changed or amended, by an instrunlent in writing signed b) be th
parties hereto.
d. No waiver of any covenant or condition of this Lease by either party shall be deemed to :mlly
or constitute a further waiver of the same covenant or condition or any other covenant or condition of this Lea;:e.
e. This Lease contains and embodies the entire Agreement of the parties hereto and 10
5
representations, inducements or agreements oral or otherwise, between the parties not contained and embodi,,:d
herein shall be of any force and effect.
f. In any conflict between the Lease and other written provisions the Lease shall prevail.
IN WITNESS WHEREOF, the parties hereto have caused these presence to be signed in this corpon:te
nanles by their duly authorized officers, their corporate seal is to be affixed, and attested by their respectiv( City
Clerk and Secretary.
SPE~OR MANAGEMENT GROUP
By ~cTY~ /1=/'17
Gen al Manager
APPROVED AS TO
FORM & LANGUAGE
& fOR EXECUTION
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PTiOIDDA, 1,,\' .
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ATTEST:
ORIDA THEATRICAL ASSOCIATION
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6