HomeMy WebLinkAboutR-93-0719J-93-751
10/05/93
l
RESOLUTION NO. 9 3 - 719
A RESOLUTION, WITH ATTACHMENT, ESTABLISHING
SPECIAL CHARGES, TERMS AND CONDITIONS
FOR THE USE OF THE BOBBY MADURO MIAMI
BASEBALL STADIUM BY THE SOUTH FLORIDA
HAITIAN-AMERICAN SOCCER LEAGUE FOR THE SAID
ORGANIZATION'S PRESENTATION OF APPROXIMATELY
THIRTY (30) AMATEUR SOCCER GAMES DURING THE
PERIOD OF NOVEMBER 1, 1993 THROUGH JUNE 30,
1994; FURTHER AUTHORIZING THE CITY MANAGER
TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND
SOUTH FLORIDA HAITIAN-AMERICAN SOCCER LEAGUE
FOR THIS PURPOSE, SUBJECT TO THE ORGANIZERS
OBTAINING INSURANCE TO PROTECT THE CITY IN AN
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 Bobby
Maduro Miami Baseball Stadium and seeks to secure the
presentation of cultural and athletic events at said facility;
and
WHEREAS, Section 53-146 (C)(.6) 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
WHEREAS, the South Florida Haitian -American Soccer League
wishes to conduct approximately thirty (30) amateur soccer games
at said facility; and
ATTACK SENT (S)
CITY COMKMSION
MEETING OF
NOV 2 3 1993
Heoolution No.
93- 1U
WHEREAS, the Director of the Department of Conferences,
Conventions and Public Facilities has determined that a special
"flat" use charge of $250 per day for said soccer games will not
adversely affect the revenue operation at said facility; and
WHEREAS, said League has agreed to cover stadium operational
expenses for said games and will assess a surcharge of fifty
($0.50) per paid admission for all games in accordance with
Section 53-1 (b), as amended; and
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. The special charges, terms and conditions as
set forth in the attached agreement for use of the Bobby Maduro
Miami Baseball Stadium by the South Florida Haitian -American
Soccer League are hereby established for said organization's
presentation of approximately thirty (30) amateur soccer games
during the period of November 1, 1993 through June 30, 1994.
Section 3. The City Manager is hereby authorized to
execute an agreement, in substantially the attached form, between
the City of Miami and South Florida Haitian -American Soccer
League for said purpose, subject to the organizers obtaining
insurance to protect the City in an amount as prescribed by the
City Manager or his designee.
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93- 719
Section 4. This Resolution shall become effective
I
immediatelyupon its adoption.
P P
i
PASSED AND ADOPTED this 23rd day of November r 1993.
STEPH N P. CLARK , MAYOR
%1
ATTEST•
MATTY HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
i
CARMEN L. LEON '
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
dam
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ORANGE BOWL STADIUM TEL:305-643-7115 Nov 08,93 9:2T No.001 P,02
MAX1 BASL.tBAIJ, STAI)ILTM
USE AGREEMENT
BETWEEN THE CITY OF MIAMI FLORIDA AND
SOUTH FLORIDA HAITIAN-AMERICAN SOCCER LEAGUE
THIS AGREEMENT made and entered into this day of
19_, by and between the CITY OF MYEIMT, a municipal
corporation of the State of Florida, hereinafter referred to as
the "CITY" and SOUTH FLORIDA HAITIAN-AMERICAN SOCCER LEAGUE, a
for profit Florida corporation with its principal office located
at 3050 Biscayne Blvd, Suite 1003, Miami, Florida 33137,
telephone number (3051 576-7829, hereinafter referred to as the
"USER",
R,,E C I T A Ls
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 Bobby Maduro Miami Baseball Stadium, hereinafter referred to
as the "FACILITY',, the said FACILITY to be entered upon or into
for the purpose of presenting amateur soccer flames, hereinafter
referred to as the "EVENTS", and for no other purpose whatsoever.
1. Aggeement TfZ=4=NT Dates: Said use is permitted on the
selected dates of Novembex 27, 28, December 11, 12, 1993,
January 9, 16, 23, 30, February 6, 13, 20, 27, March 6, 13,
20, 27, April 3, 10, 17, 24, May 11 8, 1.5, 22, 29, June 5,
12, 19, 26, 1994 hereinafter referred to as the "AGREEMENT
TERM", subject to the approval of the Director of
Conferences, Conventi.one, and Public Facilities (hereinafter
referred to as the "DIRECTOR") or designee.
2• Red ingtitishments The USER acknowledges that if the CITY
schedules any special events, including without limitation
concerts, major sporting events, or other major events, at
the FACILITY, the USER shall relinquish its use of the
FACILITY on the conflicting date. CITY will. give USER at
least seven (7) days notice of said special event,
WHEN RtTuttwiyu tun WKI,• A
REVIEW, PLEASE IDENTIFY AS
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9 3 ~ 7 9 ..�,_.
ORANGE BOWL STADIUM TEL:305-643-7115 Nov 08,93 9:27 No.001 P.03
3. MAe_Perigd,i Said use for the EVENTS shall be permitted
for the period commencing at 5:00 p.m, and terminating at
11:00 p.m. on each EVENT day, not including set up and
dismantle times. Set up shall commence no earlier than
8:00a.m. on the day of 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, or designee. The above hours of use,
including set up and dismantle times, shall hereinafter be
referred to as the "USE PERIODS".
4. JLJ USER agrees to pay the CITY for the use of said
FACILITY:
Two Hundred Fifty Dollars ($250.00) flat use fee per EVENT
day, plus 6% State of Florida use tax, hereinafter referred
to as the "USE FEE". Said fee is subject to City Commission
approval. In the event of Commission disapproval, the
applicable City Code fee of $500.00, plug 6.5% State of
Florida use tax, shall apply.
5. Surcharge-: 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 basoc on the admission price as follows:
Price Qf A mz gg i on , hurc.harge
$1.00 to $5.00 $0.50
$5.01 to $15.00 $0.75
$15.01 and Over $1.00
USER shall .record collection of the surcharge and shall list
such rdvenue as a se arate item in the statement of accounts
for each 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.
6. 124=ent fog Additignal__Eerv,Lc-es s 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 for each EVENT.
7. QAMag!„Renair: USER shall pay to the CITY the reasonable
cost of any repair, rehabilitation, damage Correction,
replacement or restoration of the FACILITY, or to defray any
ether unusual but reasonable expense borne by the CITY as a
consequence of presentation of the EVENTS.
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93- 719
ORANGE BOWL STADIUM TEL:305-643-7115
owl
Nov 08,93 9,27 No.001 P.04
�, payments due: The USE FEE and applicable taxes for each
EVENT shall be paid no later than (5) days prior to each
EVENT. Any other sums due CITY pursuant to this Agreement,
including the ticket surchaarge, field lightinge cleanup, and
personnel expenses, shall be paid as soon as passible after
the conclusion of each EVENT.
91 F r i% for Cgnc pj_Ation:' All advanced sums, or advanced.
payments for services shall be forfeited if, through the
fault of the USER, the EVENT is riot held during the USE
PERIOD.
10. Audit Rights
a. CITY preserves the right to audit the records of USER at
any time during the term of this Agreement and for a
period of three years after the final payment is made
under this Agreement.
b, if so requested by CITY, USER shall submit to the
Department of Conferences,Conventions, and 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 tide funds for 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. Erohjb4te-d ? e s: USER agrees to include in its advertising
that bottles and cans cannot be brought into the FACILITY.
The CITY and USER will use their beat efforts to ensure that
no cans, bottles, glass containers, fireworka, weapons or
other bb jams that may be ueed as missiles, are allowed in
the FACILITY.
12. Con ion of EACIL=.TY1 CITY
the FACILITY and its fixtures
in good order and repair, and
for which they are to be used,
intended, and will be free of
impede the proper conduct
accept said FACILLITY in can "as
each USE PERIOD,
represents and warrants that
and furnishings will be clean,
reasonably fit for the purpose
in safe condition for the ase
defects which would prevent or
of the EVENTS. USSR agrees to
is" condition at the start of
1.3. Uti i&ies, 7 ems Eura shad by_=Xi. CITY agrees to furni..sh,
at .its expense, except as may be otherwise provided herein,
light for ordinary use, water for all reasonable purposes,
xestroom supplies and nothing else.
14, 8&ztr ctiQn f"_ Playing Ei2ld: 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 for the Stadium.
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ORANGE HOWL STHDIUM TEL:305-643-?115 Nov Oe,93 9:30 No,001 P.05
15. Facility st USER acknowledges that it has read the
"Rules and Regulati.one for Use of City of Miami. Municipal
Facilities" which are attached to the "Application for Use
of City of Miami Municipal Pacilitia.9", that he or she fully
understands said rules and regulations, and. that by the
execution of this Agreement, USER certifies that it shall
abide by each and every rule and regulation set out therein
without the need to have said Rules and Regulations repeated
in this Agreement.
16, Authorit.y_. 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.
17. 1igaht of Entry: The CITY reserves the right to enter upon
the FACILITY at any time during the USE PERIODS as it deems
necessary.
18, EVENT Staff and „Supplies P1Lrnished bar USERS USER shall
furnish, at its soli 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. USER
shall also furnish, at its sole cost and expense, all, game
officials and gamefield personnel„ and all supplies and
consumable goods for the sideline areas, locker rooms, game
officials, room, including without liinitation, ice, soft
drinks, towels, and soap.
19. MYF,NT �grsonnel: If EVENT personnel staffing is required by
the USER, the DIRECTOR or designee will provide USER with a
list 'of event personnel familiar with the FACILITY,
including without limitation, EVENT Supervisor, office
attendants, facility operations workers, electricians, sound
technicians, groundskeepexe -and others necessary for the
proper operation of the EVENT. Upon .request, USER shall be
furnished with the estimated hours of work and total
personnel, cost. USER agrees to pay said event 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.
If staging and/or other atrurtures are to be erected after
normal CITY working hours, USER shall additionally pay for
the services of a groundsman who will be assigned for the
required off -duty period.
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ORANGE BOWL STADIUM TEL:305-643-7115
Nov 08,93 9:30 No.001 P.06
20. Unign Rp ui x=ent _L USER shall ensure compliance with all
necessary union requirements cif applicable) in connection
with the personnel and services engaged for presentation of
the EVENTS. The CITY shall use its best effort to inform
USED of the terms of any trade or employae union agreemaht,
written or oral, affecting all relevant personnel or
services used in connection with the EVENTS and shallassist
USER in complying with such agreements.
21. Firg__SafD_W. USER shall provide a diagram of the proposed
EVENT layout to the office of Fire Prevention, 275 N.W. 2nd
Street, Miami, F1, and obtain permits required by the Code
of the CITY of Miami, relative to fire safety. Fire
Department manpower requirements for each EVENT shall be as
stipulated by the Fire Marahal and approved by the DIRECTOR
or designee. The USER shall be responsible for the payment
of Fire Department services.
22. p�licocurity:
a. The DIRECTOR, or designee, after full discussion with
the USER as to the type of event and related
activities, will contact the CITY's Police Department
to ascertain the ]bevel 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 EVENTS. USER shall be
responsible for the direct payment of designated Police
and security services upon the conclusion of each
EVENT.
b. if during the course of the EVENTS, the MNT Police
commander determines that security for the EVENT is
insufficient for proper crowd control, he may .summon
additional officers in sufficient numbers to
effectively control the situation. The USER will
assume the responsibility of pairing 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 overtimes
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.
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ORANGE BOWL STADIUM TEL:305-643-7115 Nov 08,93 9:30 N0.001 P.07
23. rl,eaa--up and llismantle t
a. USER agrees to pay for a cleaning contractor to clean
up the FACILITY after each USE PERIOD (EVENT day) has ended.
If the FACILITY is not properly cleaned, the CITY has the
right to order the cleaning of the site and charge the,USER
for the cleaning, The hauling of the trash from the
FACILITY may only be performed by the CITY's Solid waste
Department, and the USER is responsible for the payment of
such trash disposal fees as are established by the CITY.
b. USER agrees to tear down and remove all USEi effects
immediately after each EVENT has ended, and shall be
completed no later than twenty-four hours after each EVENT.
24. 1!14 2ment and R=oval of SER Ef f ect.e: USER will be
responsible to install whatever lighting, staging, props
and/or structures are required for the conduct of the EVENTS
at USER's sole cost and expense.
The CITY reserves the right to remove from the premises all
USER effects remaining in or on the grounds of the FACILITY
after the end of each -,USE PERIOD at the expense of the USPRt
or the CITY may charget storage, at the same rate stated in
Paragraph 4 of this Agreement, for each day or part of a day
that said effects remain in or on the grounds of the
FACILITY after the end of each USE PERIOD,
25. CojcagpLu Rights,- z.t is understood that concession Frights
for all events at the FACILITY belong to the CITY.
26. $arkiag% It is understood that all parking revenue belongs
to the CITY.
27. 7nrla=A f LC_.at1Qn,- The USER shall .indemnify and save harmless
forever the CITY, and all, the CITY's agents, officers and'
employees from and against all charges or claims resulting
from any bodily injury, loss of life, or 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 officials, agents and employees; the USER shall.
further indemnify CITY as to all costs, attorney's fees,
expenses and liabilities incurred in the defense of any such
claims and the investigation thereof.
93- 719
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ORANGE BOWL STADIUM TEL:305-643-7115
Nov 08,93 9:30 W0.001 P.03
28. Risk 9f La s63 The CITY shall not be liable for any loss,
bodily injury or damage to any personal property or
-equipment of the 'USER, or anyone whomsoever, during any
times the FACILITY is under the control of and occupied by
the USER. All personal property placed or moved on the
subject FACILITY shall be at the risk of USER or the Qwnesr
thereof. Furthermore, it is the responsibility of the USER
to provide security whenever personal property either owned'
or used by the USER or its licensees is placed on t1is
FACILITY during the USE PERIODS, including setup and
dismantle times and, in particular, during those hours of
each USE PERIOD when the FACILITY is not open to the general
public.
29. Inuran el Liability Insurance ,is required of USER and is
to be cleared through the office of the CITY'ts Risk
Management Division, Insurance Coordinator, Dupont Plaza,
300 Biscayne Way, Suite 328, MiarAi, F1 33131, 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 aifd the types and limits of liability.
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 i insurance policies and a
certificate of same.
30. Q9 Au; t P"visj,gn: In the event . that USER shall fail to
comply with each and every term and condition of this
Agreement or fails to perform any of the terms and
conditions contained herein, then CITY, at its sole .opti.on,
upon written notiv,e to USER, may cancel and terminate this
Agreement:, and all payments, advances, or other compensation
paid by USER while ,in default of the provisions 'herein
containe+d, shall be forthwith retained by CITY.
31. Assurances Each party represents to the other that It has
the power to enter into this Agreement and to grant and
accept the license herein granted and accepted, as the case
may be, and that the consent of no other parson: or -entity
(governmental or otherwise) is required in connection
therewith, except as otherwise provided in this Agreement
and that this Agreement constitutes a valid and binding
obligation of such party, enforceable against such party in
accordance with the terms hereof.
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93- 719
ORRNGE BOWL S1'ADIUM
ow
TEL:305-643-7115
Nov 08 , 93 9 : 30 Pao . 001 P . 09
32. BinSAina Agree 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 by the duly authorized agent or agents executing this
Agreement.
33. NL ndc,� isc.ri ni USER agrees that it shall not
discriminate as to .race, sex, color, creed, national origin,
or handicap in connection with its performance under this
agreement.
34. Intgat of areggent: The parties intend that this document
shall be a License Agreement and that no leasehold interest
is conferred upon the USER.
35. Curt CDStS and AttorneysFees.. 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. USER agrees that venue in any
litigation and/or arbi�ration arising from this Agreement
shall be located within Dade County, Florida,
36. NgR,g.sigammentt This Agreement may not be transferred or
assigned by the USER without the express written consent of
the CITY.
37. EptrQ ,Aars�ame; , This instrument and its attachments
constitute the sole and only Agreement of the parties hereto
relating to the use of the FACILITY and correctly seta forth
the rights, duties, and obligations of each to each other says
if its date. Any prior agreements, promises, negotiations,
or representations not expressly set forth in this Agreement
are of no force or effect.
36. Amgndmantss No amendments to this Agreement shall be
binding on either party unless in writing and signed by both
parties,
IN WITNESS WHEREOF, the parties hereto have individually and
through their proper: corporate officials executed this
Agreement the day and year first above written,
93— '719
ORANGE HOWL STADI(1M
ATTEST:
1'EL 305-643-7115 Nov 08,93 9:33 N0.001 P.10
Mat:ty Hirai, City Clerk
Corporate Secretary
APPROVED AS'TO INSURANCE:
CITY: THE CITY OF MIAMIt ai
municipal corporation of the* -
State of Flor,idai
Cesar H., Odio, City Manager
USER: SOUTH FLORIDA MITTAN-
AMERICAN SOCCER LEAGUE., a
Florida for profit
corporation
(signature)
(pr nt name)
(title)
(SEAL)
APPROVED AS TO FORM AND
CORRECTNESS t
Su)an S. Ch abra A. Quinn Jones, III
Risk Managerment; Division City Attorney
APPROVED AS TO DEPARTMENTAL REQUIREMENTS:
any Pad e , 61rector
Department of Conferences,
Conventions and Public Pacili.ties
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93- '719
ORANGE BOWL STADIUM TEL:305-643-7115 Nov 08,93 9:33 No.001 P.11
1 \
'WHEREAS, the Board of Directors of aC21IT_; L•ORIDA U&JTA N-
WEgICN SCE T,EA= desires to enter into are agreement with
the CITY of Miami for use of the BOBBY MADURD MIAMI BASEBALL ...',
STADIUM; and
WHEREAS, the Board of Directors of SQUT11 rL RTD H_aTm�rm�t..
"ERISA_gQCCER. LEAGUE 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
00TH UOMA,IM TI H-AMEEI AN SOQQER L►E E., that the
President ( ) or Vice-preaident,( ) or Secretary( ) (please check
one) is hereby authorized and instructed to enter into a contract
in the name of and can behalf of this corporation with the CITY of
Miami for the use of the BOBBY MADURS MI,AMI BASEBALL STADIUM in
accordance with the contract documents furnlshed by the CITY of
Miami, and for the pr.ioe and upon the terms and payments'
contained in the proposed contract submitted by the 'CITY of.,
Miami.
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93- '719
ORANGE BOWL STADIUM TEL,305-643-7115
Nov OS , 93 9 ; 34 Na . 001 P .12
9
IN WITNESS WHEREOF, this day of
CRAXR14", Board of Directors
13y—
. � Si.gnatuze) •
Print or Type Name
Attests (SEAL)
Corporate Secre'ary Signature
Print or -Type Name
i
EXHIBIT 1 ,
i
i
F
93- '719
.. .... .'III '
_� tY'•F•t.' FLORID; -
INTER -OFFICE MEMORANDUM
CA=2*1
TO Honorable Mayor and Members DATE � � • �1993
of the City Commission
SUBJECT
FROM Ces r H . Od4o REFERENCES
City Manager
ENCLOSURES.
Resolution to set Use Fee
for South Florida
Haitian -American Soccer
League
It is respectfully recommended that the City Commission adopt the
attached proposed resolution authorizing the application of a
Special Use Fee at the Bobby Maduro Miami Baseball Stadium for
the South Florida Haitian -American Soccer League which will
conduct approximately thirty (30) amateur soccer games for the
period of November 1, 1993 through June 30, 1994. The resolution
would also permit the City Manager to execute a use agreement
with this organization.
The Department of Conferences, Conventions and Public Facilities
has prepared the attached resolution. The South Florida Haitian -
American Soccer League wishes to use the Bobby Maduro Miami
Baseball Stadium for approximately thirty (30) amateur soccer
games.
Like the Central American Soccer League, which holds amateur
soccer games at the stadium, the South Florida Haitian- American
Soccer League has requested special consideration concerning the
stadium use fee. They have offered to pay a flat use fee of $250
per game, plus a $0.50 ticket surcharge and all City expenses
including stadium personnel, police and cleanup. A breakdown of
these expenses, and potential City revenue, is given below.
Expenses* Paid to City by League: (per game)
Stadium Staff
Clean up
$100
100
Per game Total $200
* Police and Fire Expenses not available at this writing.
C-421-1
93- 719
Honorable Mayor and Members
of the City Commission
Use Fee for South Florida
Haitian -American Soccer
League
page 2
City Revenue
Rent (flat) $250
Surcharge ($0.50 x 480 240
Total $490 x 30 = $14,700
Based on the above, particularly potential revenues, we recommend
adoption of the attached legislation to allow such use by the
South Florida Haitian -American Soccer League
2,.e 93- 719