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J-96-1100
9/24/96
RESOLUTION 1\19 6'- 7 0 9
A RESOLUTION, WITH ATTACHMENT, ESTABLISHING
SPECIAL CHARGES, TERMS AND CONDITIONS, AS
SPECIFIED HEREIN, FOR THE USE OF THE ORANGE BOWL
STADIUM BY INTERNATIONAL SOCCER TOUR, INC., FOR ITS
PRESENTATION OF THE INTERNATIONAL SOCCER TOUR '96
ON OCTOBER 26, 1996; AUTHORIZING THE CITY MANAGER
TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND
INTERNATIONAL SOCCER TOUR, INC., FOR SAID PURPOSE,
SUBJECT TO THE ORGANIZERS OBTAINING INSURANCE TO
PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY
THE CITY MANAGER OR HIS DESIGNEE.
WHEREAS, the Department of Conferences, Conventions and Public Facilities is
responsible for the operation of the Orange Bowl Stadium and attempts to secure the
presentation of community events; and
WHEREAS, Section 530131 (C)(7) of the Code of the City of Miami, Florida, as
amended, provides that the City Commission has the right to establish and fix special
charges or special terms and conditions for the use of said Stadium, and
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WHEREAS, International Soccer Tour, Inc., has requested the use of the Orange
Bowl Stadium to stage the International Soccer Tour '96 for a use fee of Five Thousand
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Dollars ($5,000), or 10% of the gross ticket sales with a cap of Ten Thousand Dollars
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($10,000), and
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WHEREAS, International Soccer Tour, Inc., has agreed to pay for event personnel
and other costs, including police personnel and ticket surcharge for said event;
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 thereto and incorporated herein as if fully set forth in this '
Section.
Section 2. Special charges, terms and conditions, including a use fee of Five
Thousand Dollars ($5,000) or 10% of gross ticket sales with a cap of Ten Thousand
Dollars ($10,000) are hereby established for the use of the Orange Bowl Stadium by
International Soccer Tour, Inc., for its presentation of the International Soccer Tour, '96 on
October 26, 1996, subject to the organizers obtaining insurance to protect the city in the
amount as specified by the City Manager or his designee
Section 3. The City Manager is hereby authorized to execute an agreement, in
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substantially the attached form, with International Soccer Tour, Inc., for said purpose.
Section 4. This Resolution shall become effective immediately upon its adoption.
TE T:
WALTE F AN
CITY CLERK
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USE AGREEMENT
BETWEEN THE CITY OF MIAMI, FLORIDA
AND MIAMI INTERNATIONAL SOCCER TOUR, INC.
THIS AGREEMENT made and entered into this day of
1996, by and between the CITY OF MIAMI, a municipal
corporation of the State of Florida, hereinafter referred to as
the "CITY" and INTERNATIONAL SOCCER TOUR, INC., a for profit
corporation, with its principal office located'at 400 Kings Point
Drive #1508, Miami, FL 33160, telephone number (305) 947-1804,
hereinafter referred to as the "USER".
R E C I T A L:
In consideration of the covenants and agreements hereinafter
set forth, the CITY does hereby grant unto the USER the privilege
of entry upon or into the municipal facility of the CITY known
as the Orange Bowl Stadium, hereinafter referred to as the
"FACILITY", the said FACILITY to be entered upon or into for the
purpose of presenting an international soccer game, hereinafter
referred to as the "EVENT", and for no other purpose whatsoever.
1. Use Period: Said use for the EVENT shall be permitted for
the period commencing at 8:00 a.m. on Saturday, October 26,
1996 and terminating at 12:00 midnight on that same day, not
including set up and dismantle times. Set up shall commence
no earlier than 7:00 a.m. one (1) day prior to the EVENT and
dismantle shall begin immediately upon the conclusion of the
EVENT and conclude within a twenty-four hour period, unless
otherwise mandated by the Director of the Department of
Public 7acil.ities, hereinafter to as the "DIRECTOR", or
designee. The above hours of use, including set up and
dismantl,;� times, shall hereinafter be referred to as the
"USE PER.T.OD".
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2. Use Fee: USER agrees to pay the CITY for use of said
FACILITY:
Five Thousand Dollars ($5,000), minimum use fee or 10% of
gross ticket sales, exclusive of State of Florida Sales tax
and CITY ticket surcharge, whichever is greater, plus 6.5% ;
State o.:;_ Florida Use Tax, hereinafter referred to as the
"USE FEE". The percentage portion of the USE FEE shall have
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a cap of $10,000.
3. Deposit: A deposit of One Thousand Two Hundred & Fifty
Dollars ($1,250.00) is required by the CITY. Said deposit
shall be held by the CITY throughout the USE PERIOD to cover
any and all unpaid sums due to CITY, and, if not used, shall
be returned to USER, or shall be used to' cover the USE FEE
and/or expenses for the USE PERIOD.
4, Surcharae: Based upon an 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 based on the admission price as follows:
Price of ,Admission
Surcharge
$1.00 to $5.00 $0.50
$5.01 to $1.5.00 $0.75
$15.01 and Over $1.00
USER shall record collection of the surcharge and shall list
such revenue as a separate item in the statement of accounts
for the .EVENT. Ticket surcharge revenue shall be paid upon
demand, and/or as soon as possible after the conclusion of
each EVENT, in accordance with City Code provisions and the
terms of this Agreement.
5. Payment for Additional Services: USER shall pay to the
CITY, on demand, such sum or sums as may be due to said CITY
for additional services, accommodations, or material
furnished to said USER.
6. Damage Repair: USER shall pay to the CITY the cost of any
repair, rehabilitation, damage correction, replacement or
restoration of the FACILITY, or to defray any other unusual
but reasonable expense borne by the CITY as a consequence of
presentation of the EVENT.
7. Payments Due: Any other sums due to the CITY, pursuant to
this Agreement, including ticket surcharge and personnel
expenses, shall be paid upon the conclusion of this event.
8. Demand for Payment: The CITY, through the Director or his
designee, at its sole option and discretion, shall be
entitled to demand full payment for any unpaid use fee
and/of expenses incurred through USER's use of -the facility
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at the close of the event. USER grants to the CITY the
first right of claim to be paid from all monies that are on
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hand such as "on premise gate receipts" or all monies held
by USER's ticket sales agency for any unpaid use fee,
expenses, surcharge, additional services, accommodations, '
materials furnished, cost of repair, rehabilitation, damage
fcorrection,
and/or replacement or restoration of the
FACILITY as a consequence of the presentation of the event.
The DIRECTOR or designee shall be entitled to collect all
such funds due to the CITY and the CITY shall be paid prior
to payment of any other bills or sums of money owed by the
USER to other parties. USER agrees that any agreement
entered into by the USER with a ticket sales agency or
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agencies will include the agencies' recognition that the
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CITY has first right of claim, and the CITY is to be paid
from any and all monies held by the said ticket agency. On
Premises Gate Receipts" shall be defined as all sums of
money collected by the USER or his agent in connection with
the EVEIN"T.
9. Forfeit Cancellation: All advanced sums, or advanced
•for
payments for services shall be forfeited if, through the
fault or action of the USER, the EVENT is not held on the
date and time contracted.
10. Audit Ri-ghts_
a. City reserves the right to audit the records of USER at
any time during the performance of this Agreement and
for a period of Three years after the final payment is
made under this Agreement.
b. If so requested by the CITY, USER shall submit to the
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Department of Conferences, Conventions & Public
Facilities an independent audit, by a certified public
accountant. Said audit must include the expression of
an opinion as to the actual and budgeted receipts and.
expenditures of the funds for the said EVENT. Said
audit shall be submitted to the department no later
than sixty (60) days after receipt of CITY's request.
c. At CITY's request, USER shall furnish a copy of its most
recent Federal Income Tax return.
11. Admission and Tickets: All entry to the FACILITY on the
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EVENT d& tes shall be by ticket only, purchased at the full
ticket prices established by USER, except for employees of
USER acid CITY whose presence is required for the
presentation of the EVENT who have received passes issued by
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USER, or as otherwise provided by this AGREEMENT.
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Each printed ticket shall be itemized to show the admission
price, applicable taxes, any service charge from outside
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ticket agencies, and the CITY's ticket surcharge. A1.1
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,admission tickets must be printed by a bonded printer if ;
feasible and listed on a ticket manifest. The manifest
shall be presented to the DIRECTOR or designee, and USER; {
will prepare a complete box office statement of all'; `"` '"J
admissicn tickets sold or distributed as complimentary'
tickets.
-om limeJ1tary Tickets: CITY shall permit USER to utilize a
maximum _f 5% of the total. tickets printed for each EVENT as
Complimentary Tickets for promotional purposes USER shall
furnish to the DIRECTOR on hundred (100) complimentary
tickets issued in excess of the 5% 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 USE FEE as described
in Paragraph 2 of this Agreement.
13. Attendance Limitation: A maximum attendance of 35,000
persons will be permitted for the EVENT and no more than
that nur :)er_ of tickets shall be printed.
14. Gate 0 enino_and Times of Performance: Gates are to be
opened at least two hours prior to the start of the EVENT.
All advertising shall indicate the gate opening time for the
performance. The CITY reserves right to open gates or
adjust rate opening time as it deems appropriate based on
crowd control and other conditions.
15. Prohibited Items: USER agrees to include in its advertising .
that bottles and cans cannot be brought into the FACILITY.
The CITY and USER will use best efforts to ensure that no
cans, bottles, glass containers, fireworks, weapons or other
objects that may be used as missiles, are allowed in the '
FACILIT, .
16. Condition of FACILITY: CITY represents and warrants that
the FAC]JITY and its fixtures and furnishings will be clean,
and in good order and repair. USER agrees to accept said
FACILITY in an "as is" condition at the start of the USE
PERIOD.
17. ytiltie Items Furnished by CITY• CITY agrees to furnish,
at its expense, except as may be otherwise provided herein,
use of t-he FACILITY at no charge (waiver of the use fee),
light for ordinary use, water for all reasonable purposes,
and rest -.room supplies and nothing else.
18. Restrict.on for Playing Field: USER agrees to restrict all
vehicles from the grass and playing field. Any exception to
this restriction may only be granted by the Grounds and Turf
Manager :cor the FACILITY.
19. Facility_. Rules: USER acknowledges that it has read the
"Rules and Regulations for Use of City of Miami Municipal
Facilities" which are attached to the "Application for Use
of City of Miami Municipal Facilities% that he or she fully
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understands said rules and regulations, and that by the
execution of this Agreement, USER certifies that it shall -I
abide by each and every rule and regulation set out therein
without the need to have said Rules and Regulations repeated'
in this Agreement.
20.
Authority: USER agrees that any matters not herein
expressly provided for in this Agreement shall be provided
at the discretion of the CITY Manager or his designated
representative.
21.
Right of Entry: The CITY reserves the right to enter upon
the FACILITY premises at any time during the USE PERIOD as
it deems necessary.
22.
EVENT Staff and Supplies Furnished by USER: USER shall
furnish, at its sole cost and expense, ticket sellers,
ticket takers, and ushers. USER shall consult with the
DIRECTOR or designee to ensure that staffing levels for such
personnel. are adequate to handle attending crowds.
23.
CITY Sta.ffina: If required in the estimation of the
DIRECTORI., or designee, CITY will provide CITY personnel,
including without limitation, event supervisor, office
attendants, electricians, custodians, groundsmen, elevator
operators and security staff necessary for the proper
conduct of the EVENT. USER agrees to pay for said personnel
directly to those individuals with a four (4) hour minimum
at rates established by the DIRECTOR. When such personnel
are required, notification of same, including the estimated
hours of work and rates of pay, shall be furnished to the
USER by the DIRECTOR or designee at least 72 hours prior to
the Use Period. USER agrees to pay said personnel and shall
be responsible for keeping proper employee records and the
issuance of W-2 and 1099 statements for tax purposes, in
accordance with federal, state, and/or local laws.
24.
after Hours Setup/Dismantle: if staging and/or other
structur,as are to be erected/dismantled after normal CITY
working hours, USER shall pay for the services of a
groundsman who will be assigned for the required off -duty
period.
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25.
Iffi-i-0n Requirements: USER shall ensure compliance with all '
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necessary union requirements (if applicable) in connection
with the personnel and services engaged for presentation of
the EVENT. The CITY shall use its best effort to inform
USER of L-he terms of any trade or employee union agreement, l
written or oral, affecting a1..1 relevant personnel or
services used in connection with the EVENT and shall assist
USER in complying with such agreements.
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26 . Fire Safety and Personnel: USER shall provide a diagram of ' •"f"'�`
the proposed EVENT layout to the office of Fire Prevention,
275 N.W. 2nd Street, Miami, FL, and obtain fire permits
required by the Code of the CITY of Miami, relative to fire ta,.
safety. Fire Department manpower requirements for the EVENT..`
shall be as stipulated by the Fire Marshal and approved by.;
the DIRECTOR or designee. USER shall be responsible for the
direct payment of designated Fire services upon the
conclusion of the EVENT.
27. Police Security:
a. The DIRECTOR, or designee, after full discussion with
the USER as to the type of event and related'
acttvities, will 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 the EVENT. USER shall be
responsible for the direct payment of designated Police
services upon the conclusion of the EVENT.
b. If, during the course of the EVENT, the EVENT Police
commander determines that security for the EVENT is
insufficient for proper crowd control, he may summon
adcitional officers in sufficient numbers to
effectively control the situation. The USER will
assume the responsibility of paying for the services of
these additional officers. if such additional officers
are already on duty, payment shall be made at their
normal hourly rate of pay. If such additional officers
are off -duty, payment shall be made at the overtime
rate of one and one-half times the normal hourly rate,
Total compensation to such off -duty officers shall be
the greater of the following: four hours' minimum
compensation, or, compensation for the actual time.
devoted to the EVENT problem, including time spent
booking prisoners and the like.
28. Clean -Up and Dismantle:
a. USER agrees to pay directly for the cleaning contractor
to clean the FACILITY after the USE PERIOD (EVENT day)
has ended. If -the FACILITY is not properly cleaned to
the CITY's satisfaction, the CITY has the right to
invoice the USER for such additional cleaning. The
hauling of the trash from the FACILITY shall be
performed by the CITY's Solid Waste Department, and the
CITY is responsible for the payment of such trash
disposal fees.
b. User agrees to tear down and remove all USER effects
im ediately after the Use Period has ended, which shall
be completed not later than twenty-four (24) hours
after the conclusion of the EVENT.
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29.
RemQval of USER Effects: USER agrees to tear down and remove
all USER effects immediately after the USE PERIOD has ended.,
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which shall be completed not later than twenty-four hours
after the conclusion of the EVENT. The CITY reserves the,
right to remove from the FACILITY all USER effects remaining
in or on the grounds of the FACILITY after the end of USE
PERIOD at the expense of the USER, or the CITY may charge
storage, at the rate of $1,000 per day, for each day or part
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of a day that said effects remain in or on the grounds of
the FACILITY after the end of the USE PERIOD, unless
otherwise permitted by the DIRECTOR or designee.
30.
Parking ::
a. The CITY shall furnish its normal and customary event
parking facilities for public parking. The CITY will
prov:Lde adequate personnel to man such parking
facilities, at its own cost and expense.
b. The CITY agrees that charges to the public for parking
on CITY property shall not exceed the usual and
customary charges for such parking, and provided that
such charge is sufficient to ensure that total parking
revenues are not less than the cost of operating the
parking facility for the EVENT. The CITY shall be
entitled to 100% of all gross receipts from parking
char.c7es .
C. If parking revenue is less than CITY's cost, then the
USER shall reimburse the CITY for the difference, in
accordance with applicable CITY Code provisions.
d. CITY will provide USER with 200 parking spaces at no
charge, for use by officials and employees whose
presence is required for the EVENT. i.�__...
31.
Concession Rights: It is understood that concession rights
for all events at the FACILITY belong to the CITY. For the
purposes of this Agreement, USER shall be granted the right..;
to sell programs, authorized novelties and/or other
merchandise depicting the EVENT and/or performer(s) or
player(s), limited to T-shirts, buttons, hats, other
apparel, records, tapes, photographs and posters. Such items
offered for sale to the public are subject to the advance
approval of the DIRECTOR or designee. The sale of food or
beverages by the USER is strictly prohibited.
32.
music L.cense: USER will obtain a copy of the blanket BMI
and/or ASCAP license in connection with the EVENT. USER
represenr.s and warrants that all BMI and ASCAP fees for the
concert will be paid by USER and further agrees to indemnify
and hold the CITY harmless from any and all claims, losses,
or expen;:es incurred with regard thereof.
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Indemnification: The USER shall indemnify and save harmless
forever the CITY, and all the CITY's volunteers, agents,
officers and employees from and against all charges or
claims .resulting from any bodily injury, loss of life, or s=
damage to property, from any act, omission or neglect, by
itself or its employees; the USER shall become defendant in'' -.;.;.
every suit brought for any of such causes of action against
the CITY or the CITY's volunteers, officials, agents and
employees; the USER shall further indemnify CITY as to all
costs, a•ttorney's fees, expenses and liabilities incurred in
the defense of any such claims acid the investigation.
thereof.
&gk of Loss: The CITY shall not be liable for any loss,
injury or damage to any personal property or equipment
belonging to the USER, or to anyone whomsoever, during any
times the FACILITY is under the control of and occupied by
the USER. All personal property placed or moved in the
FACILITY shall be at the risk of USER or the owner thereof.
Furthermore, it is the responsibility of the USER to provide
security whenever personal property either owned or used by
the USEfi or its licensees is placed in the FACILITY during
the USE ?ERIOD, including setup and dismantle times and, in
particular, during those hours of the USE PERIOD when the
FACILITY is not open to the general public.
Insurance: Liability Insurance is required of USER and is
to be cleared through the office of the CITY's Risk
Management Division, Insurance Coordinator, Dupont Plaza,
300 Biscayne Way, Suite 328, Miami, Florida, telephone 579-
6058. The insurance policy must be endorsed to name the
CITY as an additional insured. No qualification of the
additional insured provision is permitted. The company
affording coverage must be acceptable to the CITY in terms
of Management Classification and Financial Category ratings
as stipulated by the latest issue of Best's Key Rating Code
The CITY is to be provided with a copy of such insurance
policies and a certificate of same.
36. Default Provision: In the event that USER shall fail to
comply with each and every term and condition of this
AgreemerL� or fails to perform any of the terms and
conditions contained herein, then CITY, in addition to other
remedies available by law, shall have the right in its sole
discreti,_;n, upon written notice to USER to cancel and
terminate this Agreement, and all payments, advances, or
other c,.;mpensation paid by USER while in default of the
provisions herein contained, shall be forthwith retained by
CITY.
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37.
Assurances: Each party represents to the other that it has '
the power to enter into this Agreement and to grant and
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accept the license herein ranted and accepted, as the cash
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may be, and that the consent of no other person or eintit
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(governmental or otherwise) is required in connection
therewith, except as otherwise provided in this Agreement
and that this Agreement constitutes a valid and binding
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obligation of such party, enforceable against such party in
accordance with the terms hereof.
38.
BindiR_q--Agreement: All terms and conditions of this written
Agreement shall be binding upon the parties, heirs and
assigns, and cannot be varied or waived by any oral
representation or promise of any agent of 'the parties hereto
or other person unless the same be in writing and mutually
signed I)y the duly authorized agent or agents executing this
Agreement.
39.
Nondiscr_imination. USER shall not discriminate as to race,
sex, color, religion, age, handicap, marital status or
national origin in connection with its performance and/or
any operation under this Agreement.
40.
Intent cLf A_(iceement: The parties intend that this document
shall be a License Agreement and that no leasehold interest
is conferred upon the USER.
41.
Court Casts and Attorneys' Fees: If it becomes necessary
for the CITY to institute proceedings to collect any monies
due it by USER, USER agrees to pay any and all court costs,
reasonable attorney's fees and other expenses incurred in
the collection thereof.
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42.
Nonassigiunent: This Agreement may not be transferred or
assigned. by USER without the express written consent of the
CITY.
43.
,Entire ?=eement: This instrument and its attachments
constitute the sole and only Agreement of the parties hereto
relating to the use of the FACILITY and correctly sets forth
the rights, duties, and obligations of each to each other as
of its date. Any prior agreements, promises, negotiations,
or representations not expressly set forth in this Agreement
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are of no force or effect.
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Amendmeri:.s: No amendments to this Agreement shall be
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binding Dn either party unless in writing and signed by both'
parties.
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IN WITNESS WHEREOF, the
parties hereto have individually artd•'
through their proper corporate
officials executed this Agreement;
the day and year first above
written.
THE CITY OF MIAMI, a municipal
corporation of the State of
ATTEST:
Florida:
Walter Foeman, City Clerk
City Manager
Attest:
USER: INTERNATIONAL SOCCER
TOUR, INC. a Florida for t
profit corporation
Corporate Secretary
(signature)
(print name and title)
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(SEAL)
APPROVED AS TO INSURANCE:
APPROVED AS TO FORM AND j
CORRECTNESS: E
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Frank K. Rollason
A. Quinn Jones, III
Risk ManagemE;it Division
City Attorney
APPROVED AS TO DEPARTMENTAL REQUIREMENTS:
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Christina P. Nbrams, Director
Department of Conferences,
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Conventions & Public Facilities
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WHEREAS, the Board of Directors of INTERNATIONAL SOCCER
TOUR, INC., desires to enter into an agreement with the CITY of
Miami for use of the QRANGE BOWL STADIUM; and
WHEREAS, the Board of Directors of INTERNATIONAL SOCCER
TOUR, INC., has examined terms, conditions and 'obligations of the
proposed Agreement with the CITY for said use; 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 of
INTERNATIONAL SOCCER TOUR. INC., that the President ( ) or Vice -
President ( ) or Secretary ( ) (please check one) is hereby
authorized and instructed to enter into a contract in the name of
and on behalf of this corporation with the CITY of Miami for the
use of the ORANGE BOWL STADIUM in accordance with the contract
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documents furnished by the CITY of Miami, and for the price and
upon the terms and payments contained in the proposed contract
submitted by the CITY of Miami.
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CITY OF MIAMI, FLORIDA CA=8
` INTER -OFFICE MEMORANDUM
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TO : Honorable Mayor and Members DATE ; September 13, 1996 FILE
of the City Commission
SUBJECT : Resolution to set use fee
and regulations for:
International Soccer Tour,
FROM : M/ee e n REFERENCES: Inc.
Cv0pe
ENCLOSURES:
RECOMMENDATION:
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{ It is respectfully recommended that the City Commission adopt the attached proposed resolution
establishing special charges, terms and conditions for the use of the Orange Bowl Stadium by the
International Soccer Tour, Inc. for the presentation of the International Soccer Tour `96 which will
j take place October 26, 1996. The legislation would also authorize the City Manager to execute an
agreement, in substantially the attached form, with this organization for this purpose.
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BACKGROVaD
The Department of Conference, Conventions and Public Facilities wishes to allow the International
Soccer Tour, Inc. to use said facility for the presentation of the International Soccer Tour `96 for
said period.
The administration has determined that modification to the standard charges, terms and conditions
as specified in the City Code are appropriate for this event and has prepared an agreement with the
International Soccer Tour, Inc. which delineates the various revised charges, terms and conditions
for said use.
INTERNATIONAL SOCCER TOUR `96
REVENUES/EXPENSE PROJECTIONS
ORANGE BOWL STADIUM
. OCTOBER 26, 1996
ATTENDANCE:
25,000
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USE FEE:
$5,000 OR 10% OF GROSS TICKET SALES ($10,000 CAP)
SURCHARGE:
$18,750
CONCESSIONS:
$1.60 PER CAP
PARKING:
$24,000
REVENUES:
USE FEE
$ 10,000
SURCHARGE
18,750
CONCESSIONS
40,000
PARKING
24,000
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