HomeMy WebLinkAboutR-90-06658/27/00
RESOLUTION NO. 90- 665
A RESOLUTION, WITH ATTACHMENTS, ESTABLISHING
SPECIAL CHARGES FOR -THE USE OF THE BOB$Y
MADURO MIAMI BASEBALL STADIUM BY CENTRAL
AMERICAN SOCCER ASSOCIATION, INC. AND LITTLE
HAITI SOCCER LEAGUE, INC. FOR THE SAID
ORGANIZATIONS' PRESENTATION OF AMATEUR SOCCER
GAMES ON APPROXIMATELY FORTY (40) EVENT DAYS
DURING THE PERIOD FROM J'ULY 1 THROUGH
DECEMBER 31, 1990; FURTHER AUTHORIZING THE
CITY MANAGER TO EXECUTE SEPARATE USE
AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED
FORMS, BETWEEN THE CITY OF MIAMI AND SAID
ORGANIZATIONS.
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, the Central American Soccer Association, Inc. and
Little Haiti Soccer League, Inc. wish to conduct amateur soccer
games on approximately forty (40) event days at said facility;
and
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 z
WHEREAS, said organizations have agreed to cover stadium
operational expenses for said games and will assess a surcharge
of fifty cents ($0.50) per paid admission for all games in
accordance with Ordinance No. 10439, as amended; 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 sp
ecial pedal charges for the use of
said stadium;
ATTACHMENTS
CONTAINED
_ A aowl<;
SEP 7
440 imp
r i'K
;1 aY.M
fiy`p ✓ i .x
u,
Op MIAMI, PLORIDAt
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted byreference r
¢s
thereto and incorporated herein as if fully set forth in this
Section. -
Section. 2.The special charges as set forth in the f
attached agreements for the use of the Bobby Maduro Miami
gaseball.Stadium by Central American Soccer Association, Inc. and
Little Haiti Soccer league, Inc. are hereby established for said
organizations' presentation of amateur soccer games on
approximately forty (40) event days during the period from July 1
through December 31, 1990.
Section,3. The City Manager is hereby authorized to
execute separate use agreementsi/, in substantially the attached
forms, between the City of Miami and Central American Soccer
Association, Inc. and Little Haiti Soccer League, Inc.
Section 4. This Resolution shall become effective
immediately upon its -adoption.
PASSED AND ADOPTED this 7th day of September
XAVIER L., SU Z,
!MkYRAI 3�
CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:"
JO GE DES
CITY ATTORN Y W
ROD s cqb: 5 f
The herein authorization is further subject, to . cnplia�e►
with all requirements that may be, : ieposed by the'; . Ci f
Attorney, including but not limited to those prescribed by
applicable City Chanter and Code provisions. :k
F
i
r
v 7
z�
q AP-
P� j.
tPj y
31
i�S� At�ttEEME�fT
ORML14 THE CITY OP MIAMI # FLORIDA AND
+C99TRAL AM RICAN 9OCC99 ASSOCIATION, INC.
'PHIS AGREEMENT made and entered into this day tit
ISCLS1, by and between the CITY OP MIAMIP a VAUn1dii
corpbration of the State of ylorida, hereinafter referred to s+8
the "CITY" and CENTRAL AMERICAN SOCCER ASSOCIATION, YNC.r a for k
profit Florida corporation with its principal office located At
• 253 N.W. 31st Street, Miami, FL 33127# telephone number (305)
573i6258# hereinafter referred to as the "USER".
y
• 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 Bobby Madura 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 games# hereinafter
referred to as the "EVENTS", and for no other purpose whatsoever.
1. Agreement Term/EVENT_Dat_es: Said use is permitted on
available Saturdays during the period commencing ' July 7,
1990 and terminating on December 29# 1990, hereinafter
referred to as the "AGREEMENT TERM", on specific dates as
may ,be available, subject to the approval of the Director of
Conferences, Conventions, and Public Facilities (hereinafter
;,.
referred to as the "DIRECTOR") or designee.
,s AY
2. Relinquishment: 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 ait'
least seven (7) days notice of said special event,.
3. Use Period: Said use for the EVENTS shall be permitted
for .the period commencing at 12:00 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 ban
8:00a.m. on the day of the EVENT and dismantle shall begin
immedi&telyL 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*
referred to Ale the "USE PERIODS"
1 Use Feet USER agrees to pay the CITY For the use flfe.d
FACILITYs
%v! Two Hundred Fifty Dollars ($250.00) flab use fee, per, SY,BNT
z 's
day, plus 6% State of Florida use tax, herainsfter. xsf± rod
to as the "USE FEE". Said Fee is subject to City Ccomallion
approval. In the event of Commission• disapproval, the
applicable City bode fee of $500.00, pt.us, f►% Otat�;; o�
Florida use ta►x, shall apply. � s
5. Surcharce: Rased upon an actual admission price,
tuxes, USSR shall levy and collsot on behalf Qf the ' CITY;
ticket surcharge on each paid admission. The as ount
surcharge shall be based on the ,admission pricer
S
•9 0 µ
't 7
r'
i
,e
V
Price A[tSifi ouI•dhe
-
$1.00 to $5,00 $0 0
$9.01 to $15.00 $0.75
—
$15.01 and fiver $1.00
USER shall record collection of the surcharge and shall list
such revenue as _a separate item in the statement of accounts
.
for each MNT. Ticket surcharge revenue shall be paid ug: 1
,4
demand# and/or as soon as possible after the conclusion df
_
each 'EVENT, in accordance with City Code provisions and
3V
terms of this Agreement.
- 6.
Paymentfor. Additional, ,.Services: USER shah 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.
Damace..Repairt 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
other unusual but reasonable expense borne by the CITY as,A
consequence of presentation of the EVENTS.
-
8.
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 surcharge, field lighting, cleanup, and
personnel expenses, shall be paid as soon as possible after
=
the conclusion of each EVENT.
S.
Forfeit for Cancellation: All advanced sums, or advanced
-
a ants for e srvices shall be forfeited if, through then
p ym
fault of the USER, the EVENT is not held during the USE
PERIOD.
10. Audit Rights
a. CITY reserves 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 Parks, Recreation, 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
the 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. Prohibited items: USER agrees to include in its advertising s
that bottles and cans cannot be brought into the. FACILITY.
The CITY and USER will use their best efforts to ensure that
no cans, bottles, glass containers, fireworks, :weapons or E
other objects that may be used as missiles, are allowed in ,
the FACILITY.
12. Condition of FACILITY: CITY represents and warrants, that.
the FACILITY and its fixtures and furnishings will be clean,
-- in: good order and repair, and reasonably fit for the purpose h
for which they are to,be used, in safe condition for the use
intended, and will be free of defects which would prevent=fir
impede the proper conduct of the EVENT. USER .agrees to
accept said FACILITY in an "as is" condition at the start -of
the USE PERIOD,
F
13. Utilities# Items Furnished by CITY: CITY agrees to furnish,
at is expense, except as may be otherwise provided herein,
light for ordinary use, water for all -reasonable purpoa+ee, ;
restroom supplies and nothing else.
'r
M1
14
15.
- nAar.
Fawz F
est�rith�..f�t.iaYric, _ildt_ USER agrees to restrict all
vehicles -frm the grass and playing field. Any exdaption to
this reatrietion may only be granted by the Grounds and Tusrf
Manager for the Stadium.
Faci11ty_ Rules: USER acknowledges that it has read the
RRules and Regulations for Use 'of City of Miami MunidipAl
facilities" which are attached to the "Application for Use
.
of City of Miami Municipal pacilitiea", 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 get but therein
without the need to have said Rules and Regulationa repeated
in this Agreement.
16.
Authdr�%s 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.
Right of Entry: The CITY reserves the right to enter upon
the FACILITY at any time during the USE PERIOD as it deems
T.
necessary.
18.
EVENT Staff and Supplies Furnished by USER: USER shall
s
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. 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
u.
officials' room, including without limitation, ice, soft
drinks, towels, and soap.
?r—
a
19.
CITY Staffing: If required in the estimation of the
DIRECTOR, or designee, CITY will provide CITY personnel,
including without limitation, Event Supervisor, office
attendants, electricians, sound technicians, stadium
assistants, groundsmen, elevator operators, and others
necessary for the proper conduct of the EVENT. USER agrees
to pay 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 pays
shall be furnished to the USER by the DIRECTOR or designee
9
at least 72 hours prior to the USE PERIOD.
If staging and/or other structures 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.
20.
Union Requirements: USER shall ensure compliance with all
necessary union requirements of 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 the terms of any trade or employee union agreement,
'
written or oral, affecting all relevant personnel or
services used in connection with the EVENT and shall assist
USER in complying with such agreements.
21.
Fire Safetvt USER shall provide a diagram of the proposed
,Y
EVENT layout to the office of Fire Prevention, 275 N.W. 2nd"
Street, Miami, Fl, and obtain permits required by the Code,
a,
of the CITY of Miami, relative to fire safety. Pi`xe
Department manpower requirements for each EVENT shall be as
k
stipulated by the Fire Marshal and approved by the DIRECTOR'
or designee, The USER shall be responsible for the payment
of Fire Department services.'
hODIROCT R, 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 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 shall134
-
responsible for the direct payment of designated Police
-
and security services upon the conclusion of each
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
-
additional 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.
is
- 23.
Clean-up and Dismantle_:
E
-
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 USER effects+
_
-
immediately after each EVENT has ended, and shall_ be
Jr
completed no later than twenty-four hours after each EVENT,
=
F�
24.
Placement and Removal of USER Effects: USER will be
-
responsible to install whatever 1 ghting, staging, props
and/or structures are -required for the conduct of the EVENT,
-
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 USER,_
or the CITY may charge storage, at the samerate stated in
_
Paragraph 2 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.
Concession Rights: It is understood that concession rights
`
Tor all events at the FACILITY.belong to the CITY.
'
26.
Parking: It is understood that all parking revenue belongs
to the CITY.
-
27.
Indemnification: The USER shall indemnify and save harmless
-
-f
orever 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 US .shall
-
farther indemnify CITY as to all costs, attorney's too$$,
expenses and liabilities incurred in the defense of any such
claims and the investigation thereof.
t
sk, t�fL 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 premises are under the control of and occupied by
the USER. All personal property placed or moved on the
subject premises shall be at the risk of USER or the owner.
thereof. Furthermore, it is the responsibility of. the USE
to provide security whenever personal property either owned
or used by the USER or its licensees is placed on the
premises during the USE PERIOD, including setup and
dismantle times and, in particular, during those hours of
each USE PERIOD when the premises are not open to the
general public.
29. Insurance Liability Insurance is required of USER and is
to be - cleared through the office of the CITY's Law
Department, Insurance Manager, One Southeast 3rd Avenue•
Miami, Florida, telephone 579-6700. 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 and 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 insurance
policies and a certificate of same.
30. Default Provision: 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 option,
upon written notice 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
contained, 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 licQnse herein granted and accepted, as the case
may be, and that the consent of no other person 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.
32. Binding 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 by the duly authorized agent or agents executing this
Agreement.
33. Nondiscrimination: USER agrees
discriminate as to race, sex, color,
or handicap in connection with its
agreemente
that it shall not
creed, national origin,
performance under this
34. Intent of Agreement: The parties intend
shall be 'a"Licens Agreement and that no
is'. conferred upon the USER.
35. Court Costs and Attorneys I 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. USER agrees that venue in any'
litigation and/or abitration arising f rcat this Agreement
shall be located within Dade County, Florida.
R.
r
� ( s
t
n47
>t
g
3
n asi title t This Agreement may not be tr,�nsferrelY
assigned by USER Without the express written consent of the
CITY Manager•
ant. re This instrument and its attarhtents'
Constitute the so a and only Agreement of the parties heroth.
relating to the use of the _VA'CILITY and correctly sate 'forth
`the riohtat duties, and obligations of each to each other as
F
if its ,, date, Any prior $6reaments, promises, negotiati01ta ., .
`
or representations not expressly set forth in this Aareoffib
-',
are of no force or effect,
38, Amendment s=. No amendments to this Agreement shall be
binding on either party unless in writing and signed by both N
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.
ATTEST: CITY: THE CITY OF MIAMI, a
municipal,corporation of the
State of Florida:
Matty H ra , C ty Clerk
X
Corporate Secretary
APPROVED AS TO INSURANCE:
Segundo Perez
Insurance Coordinator
APPROVED AS TO DEPARTMENTAL REQUIREMENTS:
•
VTona P Ares, Director
Department of Conferences,
Conventions and Public Facilities
'1 t
WHEREAS, the Board of Directors of. LITTLE_. __HAITt _._ Ctt
L l ,t "deaires to enter into an agreement with the MY of
..
Miami for use of the 9OB13Y MADURO MIAMt DASEBALL STADIUM= an
uy
WHEREAS # the Board of Directors of LITTLS _ RAM S0 9R
LEA0i193..,,.::tNC. has examined terms, conditions and obligations of ;
the proposed Agreement with the CITY for said user 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;
IOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS of.
LITTLE HAITI SOCCER LEAGUE, 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 BOBBY MADURO MIAMI BASEBALL STADIUM in accordance with
the contract 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.
IN WITNESS WHEREOF, this day of - , 19
r
CHAIRMAN, Board of Directors
y
tSignature
Print or Type Name
1
Attests .� (SEAL)
Corpox
re
�c
Print or Type Name K
k�
EXHIBIT
t
a z1
S
3 vie,
t' #C
X 777 k ¢ g+
{
.... ° i 43•
$ AM tt"LE MAITI SOCCU LEAt URO INC.
g TM XEMM made and entered into this _._.__ _.__u u._w day of
l9_ by and between the CITY OF MIAMt, a isnnf�zipai.
corporation of the State of Floridan hereinafter referred to se
the "CITYq and LITTLE HAITI SOCCER LEAGUE, INC., a not for profit ,
Florida corporation with its principal office located at S853
N beast Second Avenue, Miami, Florida, 33138, telephone number '
(30) 945-7592 or 757-5531,, hereinafter referred to as the
"USER".
R E C ITAL:
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 games, hereinafter
referred to as the "EVENTS", and for no other purpose whatsoever.
1. Agreement TermJEVENT Dates: Said use is permitted on
ava Table Sundays during the period commencing July 150 1990
and terminating on December 30, 1990, hereinafter referred
to as the "AGREEMENT TERM", on specific dates as.may be
available, subject to the approval of the Director- of
Conferences, Conventions, and Public Facilities _(hereinafter
referred to as, the "DIRECTOR") or designee. Additionally,
the AGREEMENT TERM shall include Monday,` September•31 1990.
2. Relinquishments 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 s
FACILITY on the conflicting date. CITY will give USER at
least seven (7) days notice of said special event.
3. Use Period: Said use for the EVENTS shall be permitted.
3,
= for the period commencing at 3s00 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 1200 fib
pm on the day of the EVENT and dismantle shall begIM a
immediately upon the conclusion of the EVENT, and conclude,
within a'twenty-four hour period, unless ot'herwise'mandot®d
ty
by the DIRECTOR, or designee. The above hours of weer..
including set up and dismantle times, shall hereinafter be x
referred to 'as the "USE PERIODS".
4. Use Fees USER agrees to pal► the CITY for the use of said
_ �ACI L ITY: ?N / 2� /", Pry
Five ad Dollars ($250.00� flat use fee per EVF�t+TT,d e
x
plus 6i State of Florida use tax, bereinaft$r roiferre to aS `
k;
the "USE FEE"
5, Surcharge: Based upon an actual admission price, exc.lu�i3.. k
'Ma es USER shall levy and collect on behalf of �h+s CI3'Xi a �£f br
ticket surcharge on each paid admission.
surcharge shall be based on the admission pri
low#
z
.ix
4 `
Pfde of Acti.sidnua„Me .,
'
$1•00 to $5,00
$5.01 to $15.00 $0.75
sis.ol and over $1.00
+
USERshall record collection of the surcharge and shall, list
`-
such revenue as a separate item in the statement of accounts
-an
z;
for each EVENT. Wicket surcharge revenue shall be paid up
-"
demand#, and/or as soon as possible after the conclusion o
Y.
each . EVSN'I, in accordance with City Code provisions and the_-
terms of this Agreement.
6.
Payment.- for Additional Services: -USSR 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.
Damage Repair: 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
-
other unusual but reasonable expense borne by the CITY as a
_
consequence of presentation of the EVENTS.
- 8.
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 surcharge, field lighting, cleanup, and
—
personnel expenses, shall be paid as soon as possible after
—
_
the conclusion of each EVENT.
9.
Forfeit for Cancellation: All advanced sums, or advanced
payments for services shall be forfeited if, through the
fault of the USER, the EVENT is not held during the USE
PERIOD.
10.
Audit Rights
_
a. CITY reserves 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 Parks, Recreation, 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
the funds for said EVENT. Said audit shall be
—
submitted to the department no later than sixty (60)
r
days after receipt of CITY's request.-
c. At CITY's request, USER shall furnish a copy of its
y=-
most recent Federal Income Tax return.
11.
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 their best efforts to ensure that
-
no cans, bottles, glass containers, fireworks, weapons or
p
other objects that may be used as missiles, are allowed in
the FACILITY.
12.
Condition of FACILITY: CITY represents and warrants that
'
t e FACILITY and its f xtures and furnishings will be clean,;
=
in,good order and repair, and reasonably fit for the purpose
for which they are to be used, in safe condition for the.use
intended, and will be free of defects which would prevent or
impede the proper conduct of the EVENT. USER agrees,to`
fi
accept said FACILITY in an "as is" condition at the start of
k `
the USE PERIOD.b
13.
Utilities Items Furnished by CITY: CITY agrees to furnish,
at its expense, except as may be otherwise provided heroine
—
light for ordinary use, water for all reasonable purposes',
xA
restroom supplies and nothing else,
t
90 �
Y
Y� S
X lSy JY ���to
717,77,777''
OIL'.
•;fir
. 4
lei
a tr ttOn ft: _..pls its fi les. USER Agreea to restrict all
ye 10192 f ref the grass and p sying field. Any eXceptift tb
this restriction may only be granted by the Grounds and turf
Manager for the stadium.
15.
Facility-„Ruleswt, USER acknowledges that it has read the
�-rr...rrr�
-Rulas and Regulations for use of City of Miami Municipal
Facilities" which are attached to the "Application for Use
of City of Miami Municipal Padilitiee", 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.
.µ
16.
Authority: US4R 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.
Right of Entry: The CITY reserves the right to enter upon
the FACILITY at any time during the USE PERIOD as it deems
necessary.
18.
EVENT Staff and Su lies Furnished by USER: USER shall
furn sh, 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. 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 limitation, ice, soft
drinks, towels, and soap.
_—
—
19.
CITY Staffing: If required in the estimation of the
DIRECTOR, or designee, CITY will provide CITY personnel,
including without limitation, Event Supervisor, office
attendants, electricians, sound technicians, stadium
assistants, groundsmen, elevator operators, and others
necessary for the proper conduct of the EVENT. USER agrees
—
to pay 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.
If staging and/or other structures 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.
20.
Union Requirements: USER shall ensure compliance with all
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 the terms of any trade or employee union agreement,
-
written or oral, affecting all relevant personnel or
services used in connection with the EVENT and shall assist
-
USER in complying with such agreements.
21.
Fire Safety: 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 Marshal and approved by the DIRECTOR`
or designee. The USER shall be responsible for the payment
-
of Fire Department services.
` as
90
S =
226
:. - z h p R
ar he DIRECTORe or designees after full diacussion with
the UEE1% as to the type of event and related
activities, will contact the CITY's police beparttnent
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
and security services upon the conclusion of each
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
additional 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.
23. Clean-up and Dismantle:
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 USER effects
immediately after each EVENT has ended, and shall be
completed no later than twenty-four hours after each EVENT..
24. Placement and Removal of USER Effects: USER will be
responsible to install whatever lighting, staging,. props
and/or structures are required for the conduct of the EVENT
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 USER;
or the CITY may charge storage, at the same rate stated in
Paragraph 2 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. Concession Rights: It is understood that concession rights
for all events at the FACILITY belong to the CITY.
26. Parking: It is understood that all parking revenue belongs
to the CITY.
27. Indemnification: 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 1 i f e, or damage to property,
from any act, omission or neglect, by itself or its
employees; the USER shall became defendant in every suit
brought for any of such causes of action against the CITY or
the CITY's off iscials, agents and exmpl,oyeest the USER 'phal.l
further indemnify CITY as to all costs, attorneys fees,
expenses and liabilities incurred in the defense of any such
claims and the investigation thereof.
90 j
201
couxiy injury or aamage La any pr3rsunaa pruparuy yr
aquipent of the USER, or anyone whomsoever, during any
times the premises are under the control of and occupied by
the USER. All personal property placed or moved on the
subject premises 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 USER or its licensees is placed on the
premises during the USE PERIOD# including setup and
dismantle times and, in particular, during those hours of
each USE 'PERIOD when the premises are not open to the
general public.
29. Insurance: Liability Insurance is required of USER and is
to be cleared through the office of the CITY's Law
Department, Insurance Manager, One Southeast 3rd Avenue,
Miami, Florida, telephone 579-6700. 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 and 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 insurance
policies and a certificate of same.
30. Default Provision: 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 option,
upon written notice 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
contained, 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 person 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.
32. Binding 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 by the duly authorized agent or agents executing this
Agreement.
33. Nondiscrimination: USER agrees that it shall not
d scrim nate as to race, sex, color, creed, national origin,
or handicap in connection with its performance under this
agreement.
34. Intent of Agreement: The parties intend that this document
sha 1 bee a Li ci� ense Agreement and that no leasehold interest
is conferred upon the USER.
35. Court Costs 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. USER agrees that venue in any
litigation and/or abitration arising from this Agreement
shall be located within Dade County, Florida.
I
9
C I *s
� fi -. :vesa,s.�+s��s+m�uYays?^`a.�ay r �t ; •h
This Agreement maY not be transferred or
ass one byUSER without the express written nonsent o the
��fi�t. �lat►a�er� °_
17s t e A.. ree a tf This instrument and its attachment,
e+o Utt O he' Able and only Agreement of the parties hereto
relating to the use of the FACILITY and correctly sate forth �-
the rights# duties, and obligations of each to each other as �-
if its date. Any prior agreements, promises, negotiations or representations not expressly set forth in this Agreement
are of no. force or effect.
38. Amendme„ntst No amendments to this Agreement shall be
binding on either party unless in writing and signed by loth
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.
ATTEST: CITY: THE CITY OF MIAMI, a
municipal corporation of the
State of Florida:
Matty Hirai, City Clerk Cesar H. Odio, City Manager
USER: LITTLE HAITI SOCCER
1 LEAGUE, INC., a Florida not-
for -prof i i7rporation -
Corporate Secretary
(pin name;
rek41 Jecrr->;(- • de
(title
�r
a
( SEAL) ,
Am
APPROVED AS TO INSURANCE: APPROVED AS TO FORM AND
CORRECTNESS: '
q r a
Segundo Perez Jor Fernandez,_
Insurance Coordinator City Attorney
APPROVED AS TO DEPARTMENTAL REQUIREMENTS:
Tony Pa a s, Director
Department of Conferences,
Conven-tions and Public Facilities
Opf
e Fit f . 3
S MR
kg
WUMAS the fjoard of Directors of. LIT, 'LE- NAIL S �CCSit -
desires to enter into an agreement with the CT Y of -
r
Miami for use of the 8080Y MOM MIAMI BASEBALL STADIUMS and
a k a7 `
Y
' W'HEMS, the Board of Directors of LITTLE "AtTI. on
LEAM-o Ma. has examined terns, conditions and obligations of
kr�
the proposed Agreement with the CITY for said use; and
WHEREAS the Board of Directors at a duly held corporate :r —
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
LITTLE HAITI SOCCER LEAGUE, 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 BOBBY MADURO MIAMI BASEBALL STADIUM in accordance with
the contract 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.
z
IN WITNESS WHEREOF, this day of , 19
CHAIRMAN, Board of Directors
By - A&
{signature).
Print or Type Name
Attests t� (SEAL-) {
;r
Corpo�t_&,e-Seawet-a•ry'�--S -gnatu re ;� z a°
F r� IK
of ddd
•
1
Print or Type Name f }.
M
EXHIBIT l
wv
:.
y
w -
y -
c$
vF
9 Y ti
t
x
i
s
1
a sG fSt
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
r,
TO : Honorable Mayor and Members QK� : AUG � � 1��� � _'
oft City commission
SUIMECT : Resolution for Soccer
Matches at Miami '=
Baseball Stadium
Cesar H. OdioA
MM : City Manager REFERENCE8
.1L
MNCUMREB
,r
RBC0l�Dd�iTI01fI a :? . Y:
it is respectfully recommended that the City Commission adopt the
attached resolution establishing special charges for the use of It
the Bobby Maduro Miami Baseball Stadium, by. Central Ameriean ��:
Soccer Assaaiation,.:Inc. and Little: Haiti Soccer. League, Inc. for.
5{
the presentation` of 'amateur soccer games on approximately forty
(40) event days at that facility during the period from, July, 1.
through December 310 199E and authorizing the`City Manager.-
execute a use .agreement for this purpose.M no in
BACM
TheL Department of Conferencese Conventioni'and'.Public Facilities z.
has prepared the attached legislation. The above referenced
organizations have requested the use of the Bobby.Maduro Miami 5`
Baseball 33tad#.wa eve ry available weekend for the remninder`of'th�t
year; thus bringing frequent use of the stadium for uul•tural :end
athletic events. Attendance is projected to be 500 or 1JasII1 ,
, ..rho.,.
each game, therefore the organizations have re uell<. vIs ec
q p
:. consideration concerning the stadium use fee.
r
P hoY`J.
i Y'C •t
t' 3a,*
o-
T.
�
b�
5� -�� s",,, F • i`1 �'i t- slys I d,.3�(,'� ^5. van F �t s
C � �
u
I
wc
CENTRAL AMERICAN SOCCER ASSOCIATION, INC_
LITTLE HAITI SOCCER LEAGUE, INC
MIAMI BASEBALL STADIUM
E/EXPENSE PttOJECTIONS
REVENU
Events: Amateur
Soccer
Matches '
Event Days: 40-
Use Feet $250.00
Surcharge: $0.50
Lights: $150/hr
-
Attendance: 200 (average)
-
'
CITY REVENUES '
Use Fee $
10,000
. k
Surcharge
4,000
-
Lights (1 hr. average)
6,000
-
-
;a
Total Gross Revenues
. 0
-
CITY PAID EXPENSES
t
t ,
Paid by Promoter
KET ES
�r
x
r
tag_
4;I n
d
?z
fit:
4d' 4� , 1 N t+i✓...e. c.'. .i