HomeMy WebLinkAboutR-01-0398J-01-352
4/26/01
RESOLUTION NO.
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AMENDMENT TO AN EXISTING USE AGREEMENT, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH
MAJOR LEAGUE SOCCER, L.L.C., TO ADD NEW
PARAGRAPH 19(B) TO PROVIDE A PROVISION FOR A
MUTUAL INDEMNITY CLAUSE RELATED TO THE
PRESENTATION OF TWO SOCCER GAMES AT THE
ORANGE BOWL STADIUM ON JUNE 30, 2001 AND
JULY 21, 2001.
WHEREAS, the Use Agreement between the City of Miami and
Major League Soccer, L.L.C., requires an amendment to add a new
provision, Paragraph 19(B), to provide for a mutual indemnity
clause related to the presentation of two soccer games at the
Orange Bowl Stadium on June 30 and July 21, 2001;
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 if fully set forth in this Section.
CITY Comm
MEETING OF
AFE 2 6 2001
Aim f.
Section 2. The City Manager is authorizedll to execute
an amendment to an existing Use Agreement, in a form acceptable
to the City Attorney, with Major League Soccer, L.L.C., to add
new Paragraph 19(B) to provide a provision for a mutual indemnity
clause related to the presentation of two soccer games at the
Orange Bowl Stadium on June 30, 2001 and July 21, 2001 in the
following particulars:/
"USE AGREEMENT
ORANGE BOWL STADIUM
19. INDEMNIFICATION:
A.
B. Subject to the provisions and limitations of
Section 768.28, Florida Statutes, the City (i) agrees
to indemnify and save harmless the User from and
against all claims, liabilities, losses, and causes of
action, which may arise out of City's negligent acts or
omissions or that of any of its employees or agents,
except where caused by the negligence or misconduct of
User, its agents or employees and (ii) agrees to
indemnify the User as to all liabilities, costs and
expenses, including legal fees and costs, at all
levels, incurred in the defense and/or investigation of
any such claims except where caused by the negligence
or misconduct of User, its agents or employees.
1� The herein authorization is further subject to compliance with
all requirements that may be imposed by the City Attorney,
including but not limited to those prescribed by applicable City
Charter and Code provisions.
zi Words and/or figures stricken through shall be deleted.
Underscored words and/or figures shall be added. The remaining
provisions are now in effect and remain unchanged. Asterisks
indicate omitted and unchanged material.
Page 2 of 3
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.3/
PASSED AND ADOPTED this 26th day of April , 2001.
JOE CAROLLO, MAYOR
0.R enr ira S 3 F' �a ry nt
In accordance a�1it4Z �":..,. t. G, � . � . :��,�.. 04�e �,� �!� r1Ca
regarding same, without th& Mayo- k rci mZW. _ /1-
ATTEST:
WALTER J. FOEMAN
CITY CLERK
APED /S TO FORM AND CORRECTNESS
LO
ATTORNEY
W5260:BSS
3/ If the Mayor does not sign this Resolution, it shall become
effective at the end of ten 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.
Page 3 of 3 -
CI'Y %11���,ii. -_ORIC
INTER -OFFICE MEMORANDUM
The Honorable Mayor and
Members of the City Commissioners
=RCM -eapros 'Gimenez
City Manager
7E.-- Resolution Authorizing Amendment to
Use Agreement for Two MLS Games
At Orange Bowl Stadium
_';CLOSURE_
RECOMMENDATION
It is respectfully recommended that the City Commission adopt the attached Resolution amending
the Use Agreement between the City of Miami and Major League Soccer, L.L.C.
BACKGROUND
The City Commission previously approved a cap on the User Fee of S5,000 per event for Miami
Fusion to host two professional soccer matches at the Orange Bowl Stadium in the months of June
and July 2001. Major League Soccer has requested a revision to the Use Agreement to include a
mutual indemnity clause. The language of this provision has been included as Paragraph 19 B. of
the Use Agreement, and has been reviewed and approved by the City Attorney and the Risk
Management Administrator.
These events are expected to generate revenues of more than S50,000 for the City.
CAG/FKR/CPA/yp
01- 398
-,o,.,
The Honorable Mayor and
:)mmission
CITY OF ^vIIAMI. FLORICA
INTER -OFFICE MEMORANDUM
'-A7= April 26, 2001
Pocket Item — Cap on User Fee
For Use of Orange Bowl by
Miami Fusion
R_F_RE%__S
I respectfully request that the City Commission consider the cap on user fee for use of
Orange Bowl by Miami Fusion. Miami Fusion will be presenting two soccer games on
June 301h and July 21, 2001. This event is expected to produce net revenues to the
City in excess of $50,000.
Thank you for your consideration in this matter.
01- 398