HomeMy WebLinkAboutR-01-1192J-01-988
11/8/01
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RESOLUTION NO
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A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO
EXECUTE A USE AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH INTERFOREVER SPORTS, INC.
("INTERFOREVER") FOR PRESENTATION OF A MINIMUM OF
TWELVE SOCCER MATCHES AT THE ORANGE BOWL STADIUM
OVER A TWO-YEAR PERIOD AND ESTABLISHING A CAP OF
$2,500 FOR THE BASIC USER FEE PER EVENT,
CONDITIONED UPON INTERFOREVER (1) PAYING FOR ALL
NECESSARY COSTS OF CITY SERVICES AND APPLICABLE
FEES ASSOCIATED WITH ANY EVENT, (2) OBTAINING
INSURANCE TO PROTECT THE CITY IN AN AMOUNT AS
PRESCRIBED BY THE CITY MANAGER, AND (3) COMPLYING
WITH ALL CONDITIONS AND LIMITATIONS AS MAY BE
PRESCRIBED BY THE CITY MANAGER OR DESIGNEE.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The City Manager is authorizedl� to execute a
Use Agreement, in substantially the attached form, with
Interforever Sports, Inc. ("Interforever") for presentation of a
minimum of twelve soccer matches at the Orange Bowl Stadium over
a two-year period.
Section 2. The user fee cap is established at $2,500 per
event.
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.
CITY COMMISSION
MEETINC OF
He�oiution %do.
Section 3. Authorization is conditioned upon the
_Tnterforever (1) paying for all necessary costs of City services
and applicable fees associated with any event, (2) obtaining
insurance to protect the City in an amount as prescribed by the
City Manager, and (3) complying with all conditions and
limitations as may be prescribed by the City Manager or designee.
Section 4. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.2/
PASSED AND ADOPTED this 15th day of November , 2001.
JOE CAROLLO, MAYOR
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ATTEST:
WALTER J. FOEMAN
CITY CLERK
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JAND-7ILARELLO
C TORNEY
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?� 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 2 of 2
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USE AGREEMENT
ORANGE BOWL STADIUM
This Agreement is entered into as of the day of , 2001 and
between the City of Miami, a municipal corporation of the State of Florida ("City") and
Interforever Sports, Inc., a Florida corporation hereinafter referred to as the "User".
In consideration of the mutual covenants and promises herein contained, the City hereby
grants to User the right, privilege and permission to enter into and upon the municipal facility
owned by the City and known as the Miami Orange Bowl Memorial (the "Facility") for the
Permitted Use and during the Use Period, as the terms are hereinafter defined, subject to the
terms and conditions set forth in this Agreement.
1. TERM: The term of this Agreement shall commence upon full execution hereof and
shall terminate upon fulfillment of all responsibilities and obligations of the parties hereunder.
2. PERMITTED USE: User shall have the exclusive right to use the Facility for the
purpose of presenting a maximum of twelve (12) professional soccer games ("the "Events") for a
period not to exceed two (2) years during the Use Period and for no other purpose.
3. USE PERIOD: The Use Period ("Use Period") shall consist of the periods for set-
up and dismantling and for presentation of the Event. There shall be twelve (12) Event days, on
available dates previously agreed by both parties. The period for presentation shall commence at
7:00 a.m., and shall terminate at 11:55 p.m., on each day of the Events ("Event Hours"). Unless
otherwise agreed by the Stadium Manager, the set-up period shall commence no earlier than 7:00
a.m., one day prior to each Event period and dismantling shall begin immediately upon the
conclusion of the Events and conclude within twenty-four (24) hours thereafter. Should User
require a longer period for set-up and dismantling, or should User requires services of City
personnel outside normal City working hours, the same may be allowed by the Stadium Manager,
in consideration of an additional fee.
4. USE FEE: The Use Fee shall be the sum total of the Basic Use Fee, the Ticket
Surcharge, and the Additional Charges,
A. The Basic Use Fee ("Basic Use Fee") for the use of the Facility for each Event
shall be $2,500 for each Event, exclusive of federal, state or locally imposed taxes payable upon
the admission price. Basic Use Fee includes air conditioning, house lights for ordinary use and
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water during the period commencing with set-up and concluding with dismantling of each Event,
and stadium lights during the Event Hours only.
B. The Ticket Surcharge ("Ticket Surcharge") is based upon the actual admission
price, excluding taxes. User shall levy and collect, on behalf of the City, a Ticket Surcharge on
each paid admission. The amount of the surcharge shall be computed as follows:
Price of Admission Surchar e
$ 1.00 to $ 5.00
$0.50
$ 5.01 to $15.00
$0.75
$15.01 and over
$1.00
Each printed ticket shall be itemized to show the admission price, applicable taxes, any service
charge from outside ticket agencies, and the City's ticket surcharge. User agrees to record the
Ticket Surcharge as a separate item in the statement of accounts for each Event. User shall be
responsible for the collection of the Ticket Surcharge, which shall be held by User in trust for the
City. User shall pay to the City the Ticket Surcharge upon demand, and/or as soon as possible
after the conclusion of each Event, but in no event later than the last day of the Use Period. User
shall maintain all books and records pertaining to the Event available for City's inspection and
auditing as provided herein.
C. In addition to the Basic Use Fee and Ticket Surcharge, the User shall pay the
Additional Charges ("Additional Charges"), which shall include payment for Event Personnel (as
defined in Section 7A), additional services, equipment or other accommodations or materials
requested by and furnished to the User, all applicable taxes, including State of Florida sales tax,
and all other amounts due by User under this Agreement. Payment of Additional Charges shall be
due at the same time as payment of the Basic Use Fee and Ticket Surcharge.
5. PAYMENT OF USE FEE: User agrees to pay to the City the Use Fee as follows:
A. Reservation Deposit: The Reservation Deposit (the "Reservation
Deposit") shall be in the amount of $15,000, which represents 50% of the maximum Basic Use
Fee for the Events, and shall be paid upon full execution of this Agreement, and as a condition
precedent to its effectiveness. The Reservation Deposit shall be non-refundable, except where the
Event is canceled by the City under Section 23 A. below, or as a result of force majeure.
B. Balance of Use Fee: The balance of the Use Fee (i.e. the actual Use Fee minus
the Reservation Deposit) shall be paid as soon as possible after the conclusion of the Events.
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C. Form of Payment: All payments from User to City shall be by cashier's check
or certified check drawn from a local bank. User understands and agrees that the Stadium
Manager, at hislher option, shall have the right to demand payment of all amounts due to the City
at the time of the closing of the ticket gates for the Events, but in no event later than ten (10) days
after the expiration of the Use Period. The moneys that are on hand, or held at all remote ticket
outlets, shall be deemed to be "on premises gate receipts" and shall be available to the City to be
applied against all amounts due the City.
6. DEPOSIT: Upon full execution of this Agreement, and as a condition precedent to its
effectiveness, User shall deliver to the City a deposit, in the amount of $5,000.00, to be held by
the City throughout the Use Period. The Deposit (the "Deposit") shall secure User's performance
under this Agreement and full payment of all amounts due hereunder, including the cost of any
damage repairs, replacement or restoration, payment of any Additional Charges; or to defray any
other unusual but reasonable expense borne by the City as a consequence of presentation of the
Events. The City shall return the Deposit, or the unexpended portion thereof, to the User upon
full satisfaction of all of User's obligations hereunder.
7. EVENT PERSONNEL UTILITIES AND SUPPLIES: Except as otherwise
specifically provided, User shall be responsible for the staffing of the Events and shall pay, as an
Additional Charge, all charges for Event Personnel, utilities, supplies or other services, required in
connection therewith, and not otherwise provided by City as provided herein, which include:
A. Event Personnel: User shall furnish, at its sole expense, the Event Personnel
("Event Personnel"), which are determined by User and the City to be reasonable necessary,
including ticket sellers, ticket takers, ushering staff, stagehands, spotlight operators, musicians,
projectionists, box office personnel, installation personnel, etc. Event Personnel also includes City
personnel, which shall be provided by the City at User's cost and expense, if in the reasonable
estimation of the Stadium Manager and User such personnel is required (the "City Event Staff').
City Event Staff includes, but is not limited to, event supervisor, janitorial staff, office attendants,
groundsmen, elevator operators, technicians, security staff, and all other personnel necessary for
the proper conduct of each Event. When such personnel is required, the Stadium Manager shall,
at least 72 hours prior to the commencement of the Use Period, advise User of such requirement,
including the estimated hours of work and rates of pay of City Event Staff:
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B. Police: User shall be responsible for payment of police services required for
the Event. The Stadium Manager, after full discussion with User concerning the type of Event
and related activities, shall contact the City's Police Department to ascertain the level of police
and/or other security staffing necessary for adequate crowd control, traffic circulation, and safety
and/or other required security prior to, during and after each Event. At least 72 hours prior to the
Event, the Stadium Manager shall advise User of the security requirements, including an estimate
of the number of security personnel required, the estimated hours of work and applicable rates of
pay. User shall be responsible for the direct payment for police services upon conclusion of each
Event.
If, during the course of the Event, the City determines that security for the Event is
insufficient for proper crowd control, then the City may summon such additional officers as are
deemed necessary. User shall be responsible for payment of such additional security at the
applicable rate, which shall be the rate normally charged for such officer, depending on factors
such as whether the officer is off-duty or working overtime. In the event that off-duty police
officers are summoned, then the compensation shall be based on the greater of four (4) hours or
the actual time devoted to the Event, including "administrative" time, such as time devoted to
booking prisoners, etc. Payment of additional security shall be made upon the conclusion of the
Event.
C. Fire: Not later than fifteen (15) days prior to the commencement of the Use
Period, User shall provide to the Stadium Manager two (2) copies of a diagram/floor plan of the
proposed Event layout to the office of Fire Department Plans Examiner, 444 S.W. 2"0 Avenue,
10th Floor Miami Fl. 33130. Additionally, not later than ten (10) days prior to the
commencement of the Use Period User shall obtain and deliver to the Stadium Manager an
Assembly Permit, and such other permits as may be required by the City, and of which the User is
aware, relative to each Event. Fire department manpower requirements for the Event shall be as
stipulated by the Fire Marshall and approved by the Stadium Manager.
D. Additional Utilities Services and Equipment: User shall pay to the City, as
an Additional Charge the prevailing fee charged by the City for stadium lights required at times
other than Event Hours, or for other services provided by the City at the request of User, and not
otherwise provided as set forth herein, such as the services of groundsmen, technicians and other
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City personnel for services rendered outside of normal City working hours, including setup and/or
dismantling.
E. Cost Confirmation: At least five (5) days prior to the commencement of the Use
Period, the City shall provide to the User a "Cost Confirmation" sheet which shall describe, to the
extent known and available, the Additional Charges. User understands and agrees that the Cost
Confirmation represents the City's good faith estimate of the Additional Charges, but the same
may change in accordance with the provisions of this Agreement.
8. UNION REQUIREMENTS: User shall ensure compliance with all necessary
union requirements (if applicable), of which User is aware, in connection with the personnel and
services engaged for presentation of the Event. The City shall use its best efforts to inform User
of the terms of any trade or employee union agreement, written or oral, affecting all relevant
personnel or services used in connection with the Event.
P 9. PARKING: The City shall provide and control all parking for the Event. The City
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agrees that charges to the public shall not exceed the usual and customary charges for parkin; at
the Facility, unless otherwise agreed. All parking revenues and all parking rights shall belong to
the City. If parking revenues are less than the cost to the City of operating the parkin;
facility(ies) for the Event, then User shall pay to the City the difference as an Additional Charge.
10. ATTENDANCE LIMITATION: A maximum attendance of 70,000 persons will be
permitted for the Event. User represents and warrants that no more than 70,000 number of
tickets will be printed.
11. ADMISSION AND TICKETS: All entry to the Facility on the Event dates shall be
by ticket only, purchased at the full ticket price established by the User, except for employees of
User and City whose presence is required for the presentation of the Event and who have received
passes issued by User, or as otherwise provided by this Agreement.
All tickets shall be printed by a bonded printer, if feasible, and listed on a ticket manifest.
The ticket manifest, which shall specifically state the number of tickets printed and the serial
numbers, shall be presented to the Stadium Manager or his/her designee within sixty (50) days
following full execution of this Agreement. User shall prepare a complete box office statement of
all admission tickets sold or distributed as complimentary tickets. User shall have the right to
print and design the tickets, and place advertising thereon.
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City shall permit User to utilize a maximum of 2,000 total number of tickets, which User is
authorized to have printed for each Event as Complimentary Tickets for promotional purposes.
Complimentary Tickets issued in excess of the 2,000 limitation shall have a value equal to the
average ticket price offered for sale to the public and shall be included in the calculation of gross
ticket sales for determination of the Ticket Surcharge as described in Section 4 above.
12. GATE OPENING TIME: Doors shall open as advertised and as approved by the City.
All tickets and advertising shall indicate opening time. The City reserves the right to change or
adjust the door opening time as it deems appropriate based on crowd control conditions.
13. CONCESSION RIGHTS:
A. Food and Beverage Concessions: User understands and agrees that this
Agreement shall not grant to the User any food and beverage concession rights, which
belong to an exclusive concessionaire for the Facility. Accordingly, the sale of all food or
beverages except by the exclusive concessionaire is strictly prohibited.
B. Novelties and Merchandise: User shall have the exclusive right to sell, or
give away, all non -consumable merchandise of all types or descriptions, including but not
limited to, licensed merchandise, souvenirs, novelties, premiums, magazines and programs
at the Facility on each Event day. All concessionaires engaged by User for this purposes
shall be granted access to the Facility in order to deliver their supplies and render their
services. City shall provide sufficient space for such purposes. User shall have the right
to set prices (if any) for such merchandise, and shall retain all revenues (if any) therefrom.
Neither the City nor any of its agents, contractors or employees shall sell or give away any
such merchandise at, near, or around the Facility on Event days.
14. CONDITION OF FACILITY/REMOVAL OF USER'S EFFECTS:
A. User has inspected the Facility and accepts it in "as -is" condition. User agrees to
tear down and remove all of User's effects immediately after the Event.
B. User agrees that the cost of damage repairs, or nay repairs necessitated as a result
of the use of the Facility by User shall be deducted from the Deposit..The City shall have the right
to remove from the Facility, at User's cost and expense, any of User's effects remaining in or on
the grounds of the Facility at the end of the Use Period. Alternatively, the City may charge the
User for storage, at a rate equal to the lowest use rate available, per day, for each day or part of a
day that said effects remain in or on the grounds of the Facility. All amounts due by User under
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this Section shall be deducted from the Deposit and any deficiency shall be paid by User upon
demand.
D. The City shall have the right to enter upon the Facility at any time during the Use
Period, as it deems necessary.
15. AUDIT AND INSPECTION RIGHTS: The City may, at reasonable times, and for a
period of up to three (3) years following the expiration of the Use Period, audit, or cause to be
audited, those books and records of User which are related to this Agreement. User agrees to
maintain all such books and records at its principal place of business for a period of three (3) years
after expiration of the Use Period.
16. PUBLIC RECORDS: User understands that the public shall have access, at all
reasonable times, to all documents and information pertaining to City contracts, subject to the
provisions of Chapter 119, Florida Statutes, and agrees to allow access by the City and the public
to all documents subject to disclosure under applicable law. User's failure or refusal to comply
with the provisions of this section shall result in the immediate cancellation of this Agreement by
the City.
17. COMPLIANCE WITH APPLICABLE LAWS: User agrees to obtain all required
licenses and permits of which it is made aware by City and to abide by and comply with all
applicable laws, rules, regulations, codes and ordinances in the use of the Facility and/or
presentation of the Event.
18. RULES AND REGULATIONS FOR THE FACILITY: By execution of this
Agreement, User acknowledges that it has received and fully understands the "Rules and
Regulations for Use of City of Miami Municipal Facilities" which has been hirnished to User prior
to the execution hereof. User hereby represents and warrants to the City that User shall abide by
each, and shall not knowingly permit the violation of any, rule and regulation set out therein.
19. INDEMNIFICATION:
A. User agrees to indetnniiy and save harmless the City, including all the
City'svolunteers, agents, officers and employees, from and against any and all claims, liabilities,
losses, and causes of action, which may arise out of User's activities under this Agreement,
whether caused by any action or omission of User or any of its employees or agents, or by any
person whatsoever acting; for or on its behalf except where caused by the negligence or
misconduct of City, its agents or employees. User further indemnifies the City as to all liabilities.
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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 City, its
agents or employees.
20. RISK OF LOSS: User understands and agrees that except were caused by the
negligence or misconduct of City, its agents or employees, the City shall not be liable for any loss,
injury or damage to any personal property or equipment brought into the Facility during the Use
Period by User or anyone whomsoever on User's behalf, during the time that the Facility is under
the control of, or occupied by the User. All personal property placed or moved in the Facility
during the Use Period shall be at the risk of User or the owner thereof. User further agrees that it
shall be responsible to provide security whenever personal property either owned or used by the
User, its employees, agents or subcontractors is placed in the Facility, including any property or
equipment necessary for set-up and dismantling, whether or not the Facility is open to the general
public.
21. [INSURANCE: User shall obtain, at User's expense, and keep in effect during the
term of this Agreement, general liability insurance, in a comprehensive form, in the following
insurance limit amounts:
General Aggregate: $1,000,000
Products/complete operations: $1,000,000
Personal/advertising injury: $1,000,000
Fire damage (any one fire): $ 50,000
Liquor liability (where applicable): $1,000,000
Such insurance shall be written by insurance companies which are satisfactory to the City
and which are registered to do business in the State of Florida. All policies shall be endorsed to
name the City and its directors, officers, employees and agents, as additional insured, to provide
that the City shall be given thirty (30) days advance written notice of cancellation, and shall be
written on an occurrence basis.
User shall provide to the City certificates evidencing the required insurance coverage at
least thirty (30) days prior to the commencement of the Use Period and throughout the term of
the Agreement, as the insurance policies expire. Binders are not acceptable.
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22. DEFAULT: If User fails to comply with any material term or condition of this
Agreement, or fails to perform any of its obligations hereunder, then User shall be in default.
Upon the occurrence of a default hereunder which us not cured within five (5) days after the date
of the default, the City, in addition to all remedies available to it by law, may immediately, upon
written notice to User, terminate this Agreement whereupon all deposits, payments, advances, or
other compensation paid by the User to the City shall be retained by the City.
23. CITY'S TERMINATION RIGHTS:
A. Termination for Convenience: The City shall have the right to terminate this
Agreement for convenience, in its sole discretion, upon at least 6 months written notice to User.
Additionally, the City shall have the right to cancel this Agreement at any time if, in the exercise
of its reasonable discretion, the City determines that the presentation of the Event, at the
scheduled time, is not in the best interest of the City due to circumstances beyond the City's
reasonable control.
B.
Termination for Cause:
The
City shall have the right to terminate this
Agreement,
without notice or liability to
User,
upon the occurrence of an event of default, as
described in Section 22 above.
C. Other Termination Rights: The City shall have the right to terminate this
Agreement in the event that the Facility is condemned, or in the event of its damage due to tire,
windstorm, catastrophe or other act of God, and the City decides, in its sole discretion, not to
repair or rebuild.
D. Return of the Deposit: Except where this Agreement is terminated For
cause, User shall be entitled to a refund of the Deposit, or so much thereof as has not been
applied, upon termination of the Agreement, after satisfaction of all amounts due by User
hereunder, if any.
24. NONDISCRIMINATION: User represents and warrants to the City that User does not
and will not engage in discriminatory practices and that there shall be no discrimination in
connection with User's use of the Facility or presentation of the Event on account of race, color,
sex, religion, age, handicap, marital status or national origin. User further covenants that no
individual shall, solely by reason of his/her race, color, sex, religion, age, handicap, marital status
or national origin, be excluded from participation in, be denied services, or be subject to
discrimination in connection with the use of the Facility under this Agreement.
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25. ASSIGNMENT: This Agreement shall not be assigned by User, in whole or in part,
without the prior written consent of the City, which may be withheld, or conditioned, in the City's
sole discretion.
26. NOTICES: All notices or other communications required under this Agreement shall
be in writing and shall be given by hand -delivery or by registered or certified U.S. Mail, return
receipt requested, addressed to the other party at the address indicated herein or to such other
address as a party may designate by giving notice in the manner herein provided. Notice shall be
deemed given on the day on which personally delivered; or, if by mail, on the fifth day after being
posted or the date of actual receipt, whichever is earlier.
TO USER:
Stefano Turconi, CEO
Interforever Sports, Inc.
601 Brickell Key Drive, Suite 1080
Miami, Florida 33131
27. SPECIAL REGULATIONS:
Special Regulations:
TO THE CITY:
Carlos A. Gimenez, City Manager
cc: Christina P Abrams, Director
Conferences, Conventions &
Public Facilities
User agrees to comply with each of the following
A. Beverages: There shall be no bottles or cans of any sort brought into the
Facility during the presentation of the Event. User agrees to advise the public of this provision by
including this restriction in all advertisement for the Event.
B. Licensing Contract: User, for itself and on behalf of the artist or promoter of
each Event, represents and warrants to the City that all copyrighted programming to be presented
has been duly licensed or authorized by the copyright owners or their representatives. User hereby
indemnifies and holds the City harmless from and against any and all claims, losses or expenses that
may arise in connection with the provisions contained herein.
C. Restriction for Playinz Field: User agrees to restrict all vehicles from the
grass and playing field. Any exception to this restriction may only be granted by the Facility
Grounds and Turf Manager for the Facility.
D. Music License: User shall obtain a copy of the blanket BMI and/or ASCAP
license in connection with the Events. User represents and warrants that all BMI and/or ASCAP
fees for the Events will be paid by User and further agrees to indemnify and hold the City
harmless from any and all claims, losses or expenses incurred with regard thereof.
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28. MISCELLANEOUS PROVISIONS:
A. User shall identify the City in all promotional material and press releases prepared
or issued in connection with the Event. The City shall be identified as "The City of Miami,
Florida" or "Miami."
B. User shall provide to the City one hundred (100) promotional tickets for each
Event, for the purpose of promoting the Facility, which tickets shall not be included in the
Complimentary Tickets described in Section ll hereof. Such one hundred (100) promotional
tickets for each Event shall not be subject to the Ticket Surcharge.
C. This Agreement shall be construed and enforced according to the laws of the State
of Florida.
D. Title and paragraph headings are for convenient reference and are not a part of this
Agreement.
E. No waiver or breach of any provision of this Agreement shall constitute a waiver
of any subsequent breach of the same or any other provision hereof, and no waiver shall be
effective unless made in writing.
F. Should any provision, paragraph, sentence, word or phrase contained in this
Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise
unenforceable under the laws of the State of Florida or the City of Miami, such provision,
paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to
conform with such laws, or if not modifiable, then same shall be deemed severable, and in either
event, the remaining terms and provisions of this Agreement shall remain unmodified and in lull
force and effect.
G. This Agreement constitutes the sole and entire agreement between the parties
hereto. No modification or amendment hereto shall be valid unless in writing and executed by
property authorized representatives of the parties hereto.
29. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties
hereto, their heirs, executors, legal representatives, successors, or assigns.
30. ENTIRE AGREEMENT: This instrument, together with its attachments and all other
instruments incorporated herein by reference constitute the sole and only agreement of the parties
hereto relating to the use of the Facilities. Any prior agreements, promises, negotiations, or
representations not expressly set forth in this Agreement are of no force or etTect.
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31. COUNTERPARTS: This Agreement may be executed in two or more counterparts, each
of which shall constitute an original, but all of which, when taken together, shall constitute one
and the same agreement.
THIS AGREEMENT SHALL BE RETURNED TO THE CITY,
PROPERLY EXECUTED BY USER, AUGUST 31, 2001, AT 5:00 P.M.
FAILURE TO COMPLY WITH THIS PROVISION MAY RESULT IN
THE CANCELLATION OF THIS AGREEMENT BY THE CITY AND
FORFEITURE OF ANY DEPOSIT, ADVANCE OR PAYMENT
MADE BY USER TO RESERVE THE USE PERIOD.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed by their respective officials thereunto duly authorized, this the day and year above
written.
ATTEST:
Walter Foeman, City Clerk
Print Name:
Title:
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"CITY"
CITY OF MIAMI, a municipal
corporation
Carlos A. Gimenez, City Manager
"USER"
Interforever Sports, Inc.
wo
Print Name:
Title:
Approved as to Form and
Correctness
Alejandro Vilarello
City Attorney
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Approved as to Insurance
Requirements
Mario Soldevilla, Administrator
Risk Management
CORPORATE RESOLUTION
WHEREAS, Interforever Sports, Inc.., desires to enter into an agreement with the City of
Miami for the use of the Orange Bowl Stadium, and
WHEREAS, the Board of Governors at a duly held corporate meeting has considered the
matter in accordance with the By-laws of the corporation;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF GOVERNORS that the
Stefano Turconi, CEO, is hereby authorized and instructed to enter into a contract, in the name
and on behalf of Interforever Sport, Inc.. with the City of Miami upon the terms contained in the
proposed contract to which this resolution is attached.
DATED this day of
Stefano Turconi, CEO
Interforever Sports, Inc.
JoAnn Laurentino
Vice President, Business Affairs
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2001.
0 CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
To : Honorable Mayor and
Members of the City Commission
�jm 3 C-,^
FROM: Carlos A. Gimenez
City Manager
DATE: NOV - 8 20M FILE :
Resolution Authorizing the City
SUBJECT: Manager to Enter into Use Agreement
with Inter/Forever Sports, In a Form
Acceptable to the City Attorney
REFERENCES:
ENCLOSURES:
I I1
RECOMMENDATION
It is respectfully recommended the City Commission approve the attached resolution authorizing
the City Manager to enter into a Use Agreement with Inter/Forever Sports, Inc., in a form
acceptable to the City Attorney.
BACKGROUND
The Department of Conferences, Conventions and Public Facilities seeks to enter into a Use
Agreement with Inter/Forever Sports, Inc. (IFS) to host a minimum of twelve (12) soccer
matches at the Orange Bowl Stadium over a period of two (2) years.
IFS is the official marketing partner of the Football Confederation, the regional governing body
for the football associations of North America, Central America and the Caribbean region. IFS
markets the worldwide rights to the most important soccer events played in the Western
Hemisphere. IFS presented the Gold Cup 2000 at the Orange Bowl Stadium, which was attended
by over 150,000 fans, and now seeks to enter into a two year Use Agreement with the City of
Miami to host International soccer competitions of the same quality including the Gold Cup 2002.
IFS will pay for all expenses associated with the presentation of events at the Orange Bowl
including stadium personnel, police, fire, and security. The City will establish a cap of the Use
Fee at $2,500 per event and retain all revenues from parking, food/beverage concessions, and the
ticket surcharge per ticket sold, in addition to the Use Fee.
The Department of Conferences, Conventions and Public Facilities anticipates net revenues in
excess of $350,000 over a period of two years.
Your approval to authorize this agreement will provide our community with quality soccer
competitions that will serve to promote Miami as an international soccer destination and provide
an economic impact to our hotels, restaurants, and businesses.
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CAG/FKR/CPA
uI-1192