Fallout From Ultra Music Festival Could Shape-Up To Be Legal Fight

MIAMI (CBSMiami) - A review of the contract between Bayfront Park Trust and Event Entertainment Group, the Miami company that puts on Ultra. shows they may face a $10,000-a-day fine against their $250,000 deposit if all Ultra-related equipment isn't removed from the park by April 5th.

The equipment includes rows of port-o-potties emitting a strong odor at Chopin Plaza and the Bayfront Park Metro Mover Station.

The agreement, reviewed by CBS4's Brian Andrews, has a security clause which states the Trust may require Ultra to add extra fencing or security if it deems necessary. This could be a key issue in potential, future litigation that could arise from the case of Erica Mack.

Mack was the Security Guard who suffered a brain injury and broken leg when she was trampled by fans trying to crash a fence at Ultra Friday night.

READ: Police: Guard Crushed At Ultra Showing Slight Improvement

The Police Department says they warned Ultra to do something about the fence before the situation happened.

"There were appropriate measures that could have been taken, should have been taken, that were not," said Eric Isicoff, Mack's Attorney.

Isicoff said that Mack is indeed improving, but is still in the hospital and in a lot of pain.

CBS4's review of the deal between the Trust and Ultra's Organizers shows a requirement they have special insurance that provides for up to a $1,000,000 pay out per occurrence of bodily injury or property damage.

The deal says the City of Miami and Bay Front Park Trust assume no liability for anything that happened during the festival.

Finally, the deal covers Ultra's use of the park through 2018, although the Mayor and City Commissioners say they will introduce a resolution to prevent Ultra from coming back for any additional years.

READ: Mayor, Commissioner Want To Oust Ultra 

The agreement also provided for the Bayfront Park Trust to make a fee on the sale of each ticket, what was referred to as a "ticket surcharge" that was ultimately passed along to concert goers.   The Trust was also given 40 free VIP tickets each day of Ultra to use and distribute as they pleased.