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HomeMy WebLinkAboutR-00-1070J-00-1058 11/30/00 RESOLUTION NO. Cv Cy ._ 10 0 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE USE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH F.L.T., INC. TO CHANGE THE COMMENCEMENT DATE OF THE TERM OF THE AGREEMENT FROM MARCH 1, 2001 TO MARCH 1, 2002. WHEREAS, a Use Agreement ("Agreement") was entered into between the City of Miami ("City") and F.L.T., Inc., dated May 26, 2000, for the use of the Orange Bowl Stadium for the presentation of professional soccer games for a period of three (3) years commencing March 1, 2001; and WHEREAS, F.L.T., Inc. wishes to amend the Agreement to change the commencement date of the -term from March 1, 2001 to March 1, 2002; 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 hereby adopted by reference and incorporated as if fully set forth in this Section. ATTAUjTry CONTAINED CITY COMMISSION MEETING OF. DEC 1 4 2090 Resolution No. �. 7. Section 2. The City Manager is hereby authorizedll to execute an Amendment to the Agreement, in substantially the attached form, with F.L.T., Inc. to change the commencement date of the term of the Agreement from March 1, 2001 to March 1, 2002. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2/ PASSED AND ADOPTED this 14th day of December 2000. JOE CAROLLO, MAYOR 9n accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approval of this legislation by signing it in the design ted lace Oros i3��d ?ici lccisi .ti, n now becomes effective with the c i�.pse of 'ten (10 `hays tr tbs, �"°v c, �Gn'im: regarding same, without the Mayor e�9 , ing e ATTEST: WALTER J. FOEMAN CITY CLERK CORRECTNESS ,WD$SYV I LARELLO ATTORNEY 4886:LB:BSS J. 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. a/ 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 �LO USE AGREEMENT ORANGE BOWL STADIUM This Amendment is entered into this _ day of , 2000 by and between the City of Miami, a municipal corporation of the State of Florida ("City") and F.L.T., Inc., a corporation organized and existing under the laws of the State of Florida. ("User") to amend that certain Use Agreement between the City and User dated May 26, 2000 (the "Agreement"). RECITALS WHEREAS, the Agreement provides that the Term will commence on March 1, 2001 and authorizes User to enter the Facility for the purposes of presenting fifteen (15) to thirty (30) home games between the months of March to August during each year of the Term commencing on March 2001; and WHEREAS, User has advised the City that it is not possible to commence the presentation of the home games in the year 2001; and WHEREAS, the parties wish to amend the Agreement to provide that the first Games to be presented pursuant to the Agreement shall be between the months of March to August 2002. NOW, THEREOFRE, in consideration of the mutual covenants and promises herein contained, the City and User hereby amend the Agreement as follows: 1. The first sentence of Paragraph 1 of the Agreement is hereby amended to read as follows: "TERM: Unless sooner terminated in accordance with Section 25 hereof, the term of this Agreement shall be three (3) years, commencing on March 1, 2002." 2. The first sentence of Paragraph 2 of the Agreement is hereby amended to read as follows: "PERMITTED USE: USER shall be permitted to enter the Facility for the purposes of presenting fifteen (15) to thirty (30) home game days (the "Events") between the months of March to 0.107 00 August during each year of the Term commencing on March 2002." 3. Except as specifically modified herein, all of the terms and conditions of the Agreement are hereby reaffirmed and in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this amendment to be executed by their respective officials thereunto duly authorized, this the day and year above written. ATTEST: "CITY" CITY OF MIAMI, a .municipal corporation Walter J. Foeman, City Clerk Carlos A. Gimenez, City Manager Print Name: Title: Corporate Secretary Approved as to form and Correctness Alejandro Vilarello City Attorney "USER" F.L.T., .Inc. a State of Florida corporation Print Name: Andre Dreyfuss Title: President Approved as to Insurance Requirements Mario Soldevilla Insurance Administrator '-Elpit � 2 CORPORATE RESOLUTION WHEREAS, F. L. T., INC. desires to amend the agreement between F.L.T., Inc. and the City of Miami dated May 26, 2000, for the use of the Orange Bowl Stadium, to extend the commencement date of the term from March 2001 to March 2002, and WHEREAS, the Board of Directors 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 DIRECTORS that the President, Andre Dreyfuss, is hereby authorized and instructed to executed the attached amendment, in the name and on behalf of this corporation. DATED this Corporate Secretary day of Chairperson of the Board of Directors (or President of Corporation, CEO) 2000. If 3 00-1 )7U TO 0 4 CITY OF MIAMI, FLORIDA CA=22 INTER-OFFICE MEMORANDUM DATE : FILE: The Honorable Mayor NOV 2 9 _2000 and Members of the City Commission SUBJECT: Resolution Authorizing City Manager to Execute an Amendment REFERENCES :to Use Agreement Between City of Miami and F.L.T., Inc. ENCLOSURES: RECOMMENDATION It is respectfully recommended that the City Commission adopt the attached Resolution authorizing the City Manager to execute an Amendment to the Use Agreement by and between the City of Miami and F.L.T., Inc. for the use of the Orange Bowl Stadium for professional soccer games. This Amendment changes the commencement date of the term from March 1, 2001 to March 1, 2002. BACKGROUND The City of Miami and F.L.T., Inc. entered into a Use Agreement dated May 26, 2000 for the use of the Orange Bowl Stadium for the presentation of professional soccer games commencing on March 1, 2001 for a period of three (3) years. F.L.T., Inc. has advised the City that it is not possible to present these soccer games beginning March 1, 2001, and requested that the City amend said Use Agreement to change the commencement date to March 1, 2002. �n «11i9/va CAG/FKR/CPA/YP 0 U i