Miami
FL

Resolution
R-19-0321
ADOPTED WITH MODIFICATION(S)
Jul 25, 2019 9:00 AM

A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A REVOCABLE LICENSE AGREEMENT (“LICENSE”), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH EVENT ENTERTAINMENT GROUP, LLC FOR THE PRESENTATION OF THE ULTRA MUSIC FESTIVAL AT BAYFRONT PARK; FURTHER WAIVING THE REQUIREMENTS OF SECTION 38-113 OF THE CODE OF THE CITY OF MIAMI, AS AMENDED.

Information

Department:Commissioners and MayorSponsors:Commissioner, District Five Keon Hardemon
Category:Elected Official Item

Financial Impact

$2,000,000 (less an annual credit for Additional Fees up to $1,000,000) General Account No : 04002.221001.469000

Body/Legislation

WHEREAS, the City of Miami (“City”) is the owner and the Bayfront Park Management Trust is the manager and operator of the real property known as Bayfront Park, located at 301 Biscayne Boulevard, Miami, Florida (“Property”); and

 

WHEREAS, Event Entertainment Group, Inc., a Florida Corporation (“Licensee”), is the producer of the world’s premier electronic music festival known as the Ultra Music Festival (“Event”); and

 

WHEREAS, as to the Event’s worldwide status, in 2018, 36 events were produced on six (6) continents, with over 300 million viewers having viewed live stream and 40 million listeners having tuned into UMF Radio globally; and

 

WHEREAS, for over 20 years, the Event has been produced in the greater Miami area, of which 19 have been produced in the City; and

 

WHEREAS, the Licensee has previously staged the Event at the Property between 2013 and 2018, during which time the Licensee expended substantial resources toward the direct promotion and marketing of the City; and

 

WHEREAS, since 2012, the Event has generated approximately $995 million of economic impact, generating $168 million and creating 1,834 jobs in 2018 alone; and

 

WHEREAS, the 2019 Event was attended by patrons representing more than 105 countries and was live streamed to over 30 million viewers worldwide; and

 

WHEREAS, today, the Event remains a Miami-based production and the Event is the flagship event for all worldwide operations; and

 

              WHEREAS, the City wishes to continue having the Event at the Property (“Proposal”); and

 

WHEREAS, the Proposal is provided in the form of the attached Revocable License Agreement ("License"); and

 

WHEREAS, the License is not assignable, is not for a fixed term, and is revocable at-will, for convenience, and without consent of the Licensee; and

 

WHEREAS, the License does not transfer any interest in real property, including any leasehold interest in real property owned by the City; and

 

WHEREAS, the License permits only certain enumerated, specific, and listed permitted uses on specified dates and does not permit anything further; and

 

WHEREAS, the City Commission may waive the requirements of Section 38-113 of the Code of the City of Miami, as amended (“City Code”), requiring public access to the property at least eighty-five percent (85%) of each year; and

 

WHEREAS, the City Commission has determined that the requirements relating to trust fund payments for mass transit provided for in Section 35-254 of the City Code shall not apply to the use fee payments under the License; and

 

WHEREAS, in order to assist the Virginia Key Beach Park Trust with the creation and establishment of the African American Museum, One Million Dollars ($1,000,000.00) of the use fee payable for the 2020 Event will be allocated to the Virginia Key Beach Park Trust in a separate account for the African American Museum to be constructed at Historic Virginia Key Beach Park;

 

NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:

 

Section 1.  The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as fully set forth in this Section.

 

Section 2.  The City Manager is authorized1 negotiate and execute the License, in a form acceptable to the City Attorney, between the City and the Licensee for the purpose of producing the Event on the Property with the terms and conditions more particularly described in the License.

 

Section 3. The requirements set forth in Section 38-113 of the City Code are hereby waived.

 

Section 4. This Resolution shall become effective immediately upon adoption and signature of the Mayor.[1]


[1] If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission.

Meeting History

Jun 27, 2019 9:00 AM  City Commission Planning and Zoning
draft Draft

Note for the Record: RE.3 was continued to the July 25, 2019, Planning and Zoning Commission Meeting.

RESULT:CONTINUED [UNANIMOUS]Next: 7/25/2019 9:00 AM
MOVER:Joe Carollo, Commissioner, District Three
SECONDER:Ken Russell, Commissioner, District Two
AYES:Ken Russell, Wifredo (Willy) Gort, Joe Carollo, Manolo Reyes, Keon Hardemon
Jul 25, 2019 9:00 AM  City Commission Planning and Zoning
draft Draft
RESULT:ADOPTED WITH MODIFICATION(S) [3 TO 2]
MOVER:Keon Hardemon, Commissioner, District Five
SECONDER:Manolo Reyes, Commissioner, District Four
AYES:Wifredo (Willy) Gort, Manolo Reyes, Keon Hardemon
NAYS:Ken Russell, Joe Carollo