HomeMy WebLinkAboutR-90-0258i•-9,0--238
04/02/90
RESOLUTION NO.90702' 8
A RESOLUTION, WITH ATTACHMENT, ESTABLISHING
SPECIAL CHARGES, TERMS AND CONDITIONS FOR. THE
USE OF A PORTION OF THE ORANGE BOWL STADIUM
BY MIAMI '94 GROUP, INC., REPRESENTING THE
MIAMI FREEDOM PROFESSIONAL SOCCER TEAM, FOR
THE PRESENTATION OF ANNUAL SEASON HOME SOCCER
GAMES ON SELECTED DATES DURING THE PERIOD
APRIL 1, 1990 THROUGH SEPTEMBER 30, 1995;
FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE A USE AGREEMENT, IN SUBS'PANTIALLY THE
ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND
SAID ORGANIZATION FOR THIS PURPOSE.
WHEREAS, the Department of Parks, Recreation and Public
F,cili.ties is responsible for the operation of the Orange Bowl
Stadium and seeks to secure the presentation of various sporting
and other everts at said facility; and
WHEREAS, the Miami. '94 Group, Inc., representing the Miami
Freedom professional soccer team, wishes to use the Orange Bowl
Stadium as the team's home field during each annual professional
soccer season beginning in 1990 and ending with the 1995 season,
and
WHEREAS, each season will consist of approximately ter, (10)
home games conducted annually between April 1 and September. 30
and each game will utilize the playing field and one-half of said
stadium seating; and
WHEREAS, said everts are popular sporting exhibitions which
are expected to attract at least 3000 attendees per match; and
WHEREAS, said Group has agreed to present a minimum of eight
(8) such everts during each annual season and will present an
additional tournament in October of 1992, subject to the Citys
approval of all selected dates and season schedules; and
WHEREAS, the City will retain the right to schedule other
major special everts at the Stadium and to relocate any soccer
game in the event of scheduling conflict; and
WHEREAS, the Director of the Department of Parks, Recreation
and Public Faci.li.ti es and the City Manager have determi.r:ed that
f
CITY COMMISSION
AT
TROH A"N MEETING OF
AP4 90
IL U1,01Ui1ON No.
i;iblARr,�;
mocli.f i.cations to the stAnd.ard use charges, terms ar.d conditioi;s,
as
specified
in the City
Code,
are appropriate for said events
and
recommend
approval of
same;
and
WHEREAS, said Director and the City Manager have determined
that a. graduated use fee schedule, as detailed in the Use
Agreement, is appropriate under this long-term, multiple use
arrangement; and
WHEREAS, said organization will collect and pay to the City
all applicable surcharges, and will cover all stadium personnel
and operating expenses, except lighting, for each evert; and
WHEREAS, the Department of Parks, Recreation and Public
Facilities has prepared a Use Agreement for. the City Manager's
signature which delineates the various charges, terms and
conditions for said use; and
WHEREAS, the modified charges, terms and conditions of the
proposed use
will
not
have an
adverse affect on the
revenues of
said facility
but
will
assist
i.n securing significant
additional
revenues to the City in the form of added stadium use fees,
surcharge, parking and concession revenue; and
WHEREAS, Sectior. 53-131(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;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Sectior. 1. The recitals 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 a portion of the
Orange
Bowl Stadium by Miami. ' 94
Group,
Inc., representing the
Miami_
Freedom professional soccer
team,
are hereby established
for said o.rganization's presentation of annual seasor, home soccer
games on selected dates during the period April 1, 1990 through
September 30, 1995.
a
lat s 1uri.r.g the peri.orl A.pri l 1, 1.990 Lbrovagji
games or; sel.Fctel s
September 30, 1995.
Section 3. The City Manager is hereby authorized to execute
a Use Agreement lV , i.r. substantially the attached form, between
the City of Miami. and Miami. '94 Group, Inc..
Section 4. Thi.s Resolution shaII become effective
i.mmedi.ately upon its adoption.
PASSED AND ADOPTED this 12th
ATT
MATT HIRAI, CITY CLERK
PREPARtI D IAPPI�O % Y
KJANORO VILARELLO
IEF ASSISTANT CITY ATTORNEY
day of A it 1 0.
XAVIER L. "UA EZ
MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
1� The herein authorizati.or is futher subject to compliance with
all requirements that may be imposed by the City Attorney,
including but not limited to those prescribed by applicable
City Charter and Code Provi.si.or.s.
vp
3 - 0-0258
,
USE AGPT-J*J1FNT
F_J TWrEN THE CITY OF MIA1,41, FIXORIDA
AND MIAMI '94 GPOUP, INC.
THIS AGREEMENT made and entered into this day of
1990, by and between the CITY OF MIAMI, a municipal.
corporation of the State of Florida, hereinafter 'referred to as
the "CITY" and MIAMI '94 GROUP, INC. with its principal office
located at 2100 Coral Way, Suite 601, Miami, Florida 33145,
telephone number (305) 858-7477, 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 a portion of the municipal facility of the
CITY known as the Orange Bowl Stadium, specifically the playing
field and one-half of the seating areas, hereinafter referred to
as the "FACILITY", the said FACILITY to be entered upon or into
for the purpose of presenting a series of Soccer Matches,
hereinafter referred to as the "EVENT(S)", and for no other
purpose whatsoever.
1. Agreement Term/EVENT Dates: Said use is permitted on
selected dates during the period commencing on April 1, 1990
and terminating on September 30, 1995, hereinafter referred
to as the "AGREEMENT TERM", on specific dates as may be
available, subject to the approval of the Director of Parka,
Recreation and Public Facilities (hereinafter referred to as
the "DIRECTOR") or designee. USER shall submit a schedule
of EVENT dates for each season no later than February 1 of
each year. The annual schedule of EVENT dates is to be
approved by the Assistant Director of Public Facilities. A
minimum of eight (8) EVENTS shall be conducted annually by
USER on approved dates within the AGREEMENT TERM. It is
understood that approved EVENT dates for 1992 shall include
Oct. 9-12, 1992.
2. Reiinauishment: The USER acknowledges that if the CITY
schedules any special events, including without limitation,
concerts or other major events at the FACILITY, the USER
shall relinquish its use of the FACILITY on the conflicting
date, even if such date is listed in the approved schedule
of EVENT dates. CITY will give USER at least thirty (30)
days notice of said special event and the requirement to
relinquish. CITY shall attempt to provide an alternate
CITY facility to accommodate USER'S EVENTS on such
conflicting date(s).
3. Use Period: The hours of use: for each EVENT shall include
set up and dismantle times. Set up shall commerce no
earlier than 7:00 am on the day prior to each EVENT and
cleanup shall begin immediately upon the conclusion of the
PRF #90-•002/M
EXENT and co�nrl_ude within a twenty-four houz. peri_o(l, 11n1ess
otberwise mandated by the I)TRE.CTOR or. 6esi_gnee. The above
hours of use, including set up and el.i.smant-.le times, sha11.
hereinafter be referred to as the "UST, PERIOD".
4. Use Fee: USER agrees to pay the CITY for the use of the
FACILITY, the applicable fee (hereinafter referred to as the
"USE FEE") for each EVENT in accordance with the following
schedule:
EVENTS held during 1990, 1991, and 1992 - a minimum of
$1,800.00 or. 10% of the total gross ticket revenue, after
taxes, provided such gross ticket revenue- is in excess of
$30,000.00, whichever is greater, plus 6% State of Florida
Use Tax.
EVENTS held during 1993, 1994 and 1995 - a minimum of
$4,000.00 or. 10% of the total gross ticket revenue, after
taxes, whichever is greater, plus 6% State of Florida Use
Tax.
In the event of relinquishment where USER is permitted the
use of an alternate CITY facility, the USE FEE for that
EVENT shall be the lower of the USE FEE applicable under the
terms above or the applicable use fee for the alternate
facility.
5. Use Fee in Case of EVENT Cancellation:
If USER does not produce at least eight (8) EVENTS annually
within the AGREEMENT TERM, then USER shall pay to the CITY
the minimum use fee applicable to the year in which the
cancellation(s) occur(s), plus 6% State of Florida use tax,
for each EVENT that does not occur.
5. Deposit: A deposit of Two Thousand Five Hundred Dollars
$2,500.00), plus G% State of Florida use tax, is required
at the time of the signing of this Agreement by USER. Said
deposit shall be 'held by CITY throughout the AGREEMENT TERM
to cover any and all unpaid sums due CITY, and, if not used,
shall be returned to USER, or shall be used to cover partial
USE FEE and/or expenses for the last USE PERIOD.
7. 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 based on the admission price as follows:
Price of Admission Surcharge
$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 revenue as a separate 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. The above surcharge rates shall be
subject to modification as may be adopted by Ordinance or
Resolution of the City Commission.
8. Payment for Additional ServicesUSER shall pay to the
CITY, on demand, such sum or sums as may be due to said CITY
for additional services, accommodations or materials
furnished to said USER for the EVENTS.
9. 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 EVENTS.
10. Payments Due: The minimum USE FEE and applicable taxes
shall be due no later than ten (10) days prior to each use
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0258
c)f sai.cl FAC'T,T,TT7.' for the i.rimetliat.pIy eiistii_ng I1!f'ERI�`17. 111y
other sums duo (,TTY pursii:ant to i.h i.g l�,�t Bement, i.ncludi nA
the ticket surcharge., Percell tagfee, an(1 personnel.
expenses, shall be paid upon the conclusion of each EVENT.
11. Demand for Payment.: The CITY, through the DIRECTOR or
designee, at i.ts sole option and discretion, shall be
entitled to demand full payment for any unpaid use fee,
surcharge and/or expenses incurred through USER's use of the
FACILITY 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 hand such as "On Premises 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
correction, and/or replacement or restoration of the
FACI.L�ITY as a consequence of the presentation of the event.
"On Premises Gate Receipts" shall be defined as all sums of
money on hand or held at all remote ticket outlets in
connection with the EVENT(S). The DIRECTOR or designee shall
be entitled to collect all such funds due 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 agencies will include the agency's
recognition that the CITY has first right of claim, and the
CITY is to be paid from any and all monies held by the said
ticket agency.
12. Forfeit for Cancellation: All. advanced sums, or advanced
payments for services shall be forfeited if, through the
fault or action of the USER, the EVENTS are not held on the
dates and times contracted.
13. Audit Rights:
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 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(S). 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.
14. Admission and Tickets: Except as may be otherwise provided
herein, all entry to the FACILITY on the EVENT dates shall
be by ticket only, purchased at the full ticket price
established by USER, except for employees of USER and CITY
whose presence is required for the presentation of the EVENT
who have received passes issued by USER, or as otherwise
provided by this Agreement.
Each printed ticket_ shall be itemized to show the admission
price, applicable taxes, any service charge from outside
ticket agencies, and the CITY's ticket surcharge. Al
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
admission tickets sold or distributed as complimentary
tickets.
15. Complimentary Tickets: USER shall furnish to the DIRECTOR or
designee twenty five (25) complimentary tickets for each
EVENT for the purpose of promoting the CITY and the FACILITY
for future events. USER shall be permitted to distribute
700 individual complimentary tickets for promotional
purposes. Any and all complimentary tickets issued in
3 90 8
excess ()` saki l imitatinn tihat t he inc1,11ded in t.hn
r.alculation t_0 fl0ts'VMi1-1e Gs t..i.ct et. recle1111e for the
per.cet;t- . por.ti_on of. the US} PEE as pr_o-videl in paragraph 4
of this agreement. USER may, upon the advance approval of
the Director or designee, provide complimentary admission to
the EVENT(S) to groups or or.gani.zations for promotional.
purposes.
16. Attendance Limitation: A maximum attendance of 30,000
persons will be permitted for each EVENT and no more than
that number of tickets shall_ be printed.
17. Gate Opening and Times -of Performance: Gates are to be
opened at least two fours prior to the start of each EVENT.
All advertising shall indicate the gate opening time for
each performance. The CITY reserves right to open gates or
adjust gate opening time as it deems appropriate based on
crowd control and other conditions.
18. Prohibited Items: USER agrees to include in its advertising
that bottles and cans cannot be brought into the FACILITY.
The CITY and USER %,dill use their 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 FACILITY.
19. 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
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.
20. Utilities, Items Furnished by CITY: CITY agrees to furnish,
at its expense, except as may be otherwise provided herein,
light for ordinary use, field lighting, water for all
reasonable purposes, restroom supplies and nothing else. If
CITY expenses for field lighting increase in excess of 15%
over fiscal year 1990 levels, CITY Manager and USER shall
negotiate an acceptable compensation to CITY for field
lighting. The current fiscal year 1990 expense for field
lighting is $1,252.24 per hour.
21. Restriction 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 for the Stadium.
22. 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 lie 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.
23. 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.
24. Right of Entry_ The CITY reserves the right to enter upon
the FACILITY premises at any time during the USE PERIODS as
it deems necessary.
25. Occupational License: Any and all required occupational
license s for USER's conunercial activity or that of its
agents shall be secured by USER from the CI`PY's Tax and
License. Division, Treasury Management, 3006 Aviation Avenue,
Miami, Florida. Said license(s) shall be presented to the
DIRECTOR, or designee, prior to the start of each annual.
schedule of EVENTS during the AGREEMENT TERM. Said
- 4 -
l ic.ensn(s) are reclui_red i_n ac,c.ot:da.r�ce �•,i.!_11 �'l;aX�f_.Pr. 31 of the
Code of the City of Miami_ .
26. EVENT Staff_ and Supplies_ Furnished by USER: USER shall
furnish, at its sole cost and expense, ticket sellers,
ticket takers, and rashers. USER shallconsult 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.
27. 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.
28. 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.
29. Fire Safety and Personnel: USER shall provide a diagram of
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
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.
30. Police Security:
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 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(S). 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
comper)q:iti_on, Or, compcnsat int) frir tt,e act,11;11 time
devoted to the t VF:t,4-1' }�r: n}�1 Mtn, i nr�l itcl i_nq t i ITI spent_
t�ooki_r7y pri_soner.s anc} t}�� � i_k��.
31. Cleanup and Dismantle:
a. USER agrees to pay directly for the cleaning contractor
to clean the FACILITY after each USE PERIOD (EVENT day)
has ended. If the FACILITY is not properly cleaned to
the CITY's satisfaction, the CITY has the right to
order additional cleaning of the FACILITY and 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
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 a]_1 USER effects
immediately after each USE PERIOD has ended, which —
shall be completed not later than twenty --four hours
after the conclusion of each EVENT. The DIRECTOR or
designee may allow USER's effects to remain at the
FACILITY overnight between USE PERIODS when such use is
authorized for consecutive days. When USE PERIODS are =-
authorized for consecutive days, USER effects shall be
removed on the last day in accordance with this „�_
provision.
32. Removal of USER Effects: The CITY reserves the right to
remove from the premises all USER effects remaining in or on
the grounds of the FACILITY and/or STADIUM after the end of
each 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 of a day that said effects remain in or on the
grounds of the FACILITY and/or STADIUM after the end of each
USE PERIOD, unless otherwise permitted by the DIRECTOR or
designee.
33. Parking:
a. The CITY shall furnish its normal and customary event
parking facilities for public parking. The CITY will
provide 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 currently in effect or as may be
subsequently modified by the City Manager 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 charges.
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. The CITY shall furnish USER with up to 250 parking
passes for each game to be distributed by USER to all
press, VIPs, sponsors, players, coaches, officials, and
USER's staff.
34. Concession Rights: It is understood that concession rights
for all events at the STADIUM and 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, novelty
items, 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.
35. 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 life, or damage to property,
6 --
aft
frnm any
act., nTtli Cgi nn or tIor--7 (- C't ,
t-)y i t_Sel.f Or
its
(-mployees;
t.hn USE,[? chal l hocnrnr, dofendrint. in every
suit
brought for
any of st_tch of action
aqa i nst the CTTY or
the CITY's
officials, agents and employees,
the USER
shall.
further indemnify
CITY as to al-l_ costs, attorney's
fees,
expenses and
liabilities incurred in the
defense of any
such
claims and
the investigation Lher_eof.
36. Risk of Doss: 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 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 AGREEMENT TERM, including setup and
dismantle times and, in particular, during those hours of
each USE PERIOD when the FACILITY are not open to the
general public.
37. Innsurance: 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 limits and types of liability coverage, and
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.
38. 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.
39. Termination of Contract: CITY retains the right to
terminate this Agreement at any time during the term of the
Agreement for cause, without penalty to CITY, upon thirty
(30) days advance written notice of termination to USER.
USER shall have the right to terminate this Agreement upon
the conclusion of the Annual schedule of EVENT(S) and/or
upon fulfillment of the minimum requirement of eight (8)
annual EVENTS, by providing written notice to the DIRECTOR,
or designee, no later than Dec. 31 of the applicable
calendar year. Any monies owed to CITY shall be due upon
the effective date of termination.
40. Improvements: It is understood by both parties that CITY
intends to renovate and improve the FACILITY during the term
of this agreement. The CITY shall endeavor to accommodate
the USER and its EVENTS while such construction is in
progress. However, the CITY reserves the right to redirect,
limit or modify the particulaz areas within the FACILITY
available for USER's EVENTS. CITY further retains the right
to suspend or terminate this agreement upon six (6) months
written notice to USER, if deemed so necessary by the CITY
in order to complete the construction of improvements.
41. 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 provide(] in this Agreement
and that this Agreement constitutes a valid and binding
02
14 0
obligation of slich },art-}', etlfnr:cF a},le against silc,}l party in
accordance �u.t.}� t.hn tef mG hcrncnf. .
42. Bind _i.n_g_Ag_r_e_em_ent: Al.l terms and cond.i.ti.ons 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.
43. Nondiscrimination: USER shall.
sex, color,
with its
Agreement.
creed, handicap or
performance and/or
not discriminate as to race,
national origin in connection
any operation under this
44. Intent of Agreement: The parties intend that this document
shall be a License Agreement and that no leasehold interest
is conferred upon the USER..
45. Court Costs and AttorpSjys' 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.
46. Nonassi_gnment: This Agreement may not be transferred or
assigned by USER without the express written consent of the
CITY Manager.
47. Entire Agreement: 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
if its date. Any prior agreements, promises, negotiations,
or representations not expressly set forth in this Agreement
are of no force or effect.
48. Amendments: 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.
ATTEST:
Ma.tty Hirai, City Clerk
ATTEST:
Corporate Secretary
CITY: THE CITY OF MIAMI, a
municipal. corporation of the
State of Florida:
Cesar H. Odio, City Manager
USER: Miami '94 Group, Inc.,
a for -profit Florida
corporation
signature F
�prrt tiame and
(SEAL)
- 8 -
APPROVED AS TO !NSUPANCE: APPROVED AS TO FOM AND
CORRECTNESS:
Insurance Manager City Att:ortiey _ --
APPROVED AS TO DEPARTMENTAL, REQUIREMENTS:
Alberto Ruder, Director
Department of Parks, Recreation
and Public Facilities
_ 9 _ 0'>
El
11
CORPORATE Ri SQJAJ T T0N
WHEREAS, the Board of Directors of MTAMI '94 GROUP, INC.,
desires to enter into an agreement with the CITY of Miami for use
of a portion of the ORANGE 130WL STADIUM; and
WHEREAS, the Board of Directors of MIAMI '94 GROUP, 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
MIAMI '94 GROUP, 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 documents
furnished by the CITY of Miami, and for the price and upon the
terns and payments contained in the proposed contract submitted
by the CITY of Miami.
N WITNESS WHEREOF, this day of , 198
CHAIRMAN, Board of Directors
By
Signature
Print or Type Name
Attest% (SEAL)
Corporate Secretary Signature
Print or Type Name
EXHIBIT I
a
LE
LM
CITY OF MIA111. FLORIDA
INTER -OFFICE MEMORANDUM
CA=17 6
TO
Honorable Mayor and Members
DATE _
of the City Commission.
SUBJECT Resolution. Establishing Fees:
Miami. '94 Group, Inc./Miami _
lw,
Freedom Soccer Games �-
Cesar. H. 0 `
City ManagAre.
aE;7EQE';l,Ec
{.
hCLOS!JAES
Background
It is respectfully recommended
that the City Commi.ssi.on adopt the
attached Resolution establishing
special charges, terms and
conditions for the use of the
Orange Bowl Stadium by Miami '94_
Group, Inc., representing the
Miami. Freedom professional soccer
team, for the presen.tati.or, of
annual season home soccer games
during the period beginning April
1, 1990 through September 30,
1995. The legislation would also
authorize the City Manager to
execute an agreement with this
organization for this purpose.
Recommendation
The Department of Parks, Recreation and Public Facilities has
beer. working with Miami. '94 Group, Inc. to complete arrangements
for the presentation of professi.oral soccer games at the Orange
Bowl Stadium. This organ.i.zati.or represents the Miami, Freedom
team, member of the American. Soccer League, and it is their
ir.ten-t to use this City facility as its home field for the 1990
through 1995 soccer seasons.
Each annual season will run from approximately April 1 through
September 30 and the user has offered to present a minimum of
eight (8) games each season. The 1990 season presently cor.si.sts
of ten games, scheduled to begin April 14. An addi.ti.on.al
tournament i.s also scheduled for October of 1992. With
attendance conservatively estimated at 3,000 per game, only 1/2
of the stadium will be used.
The Administration has determined that modi.ficati.or.s to the
standard use charges, terms and conditions as specified i.r. the
City Code are appropriate for these events and has prepared an
agreement with Miami. '94 Group which deli.r.eates the various
provisions for said use. The use fee for the everts is graduated
to increase over the agreement term as follows:
C/�/?-/
Honorable Mayor and Members
of the City Commission
Resolution Establishing Fees:
Miami. ' 94 Group, Inc. /Mi.ami.
page 2 Freedom Soccer Games --
1990, 1991, A minimum of $1,800 or 10% of gross
and 1992: ticket sales revenue over $35,000, per
evert.
1993, 1994, A minimum of $4, 000 or. 10% of gross
and 1995: ticket sales revenue, per evert.
The user also will cover all applicable surcharges, and personnel
and operating expenses (except field lighting) for each evert.
The agreement also gives the Ci.ty approval rights over the annual
schedule of games, ar.d allows for the relocation of ar.i: game
should a major special evert (such as a national concert tour) be
made available to the City. To allow for annual scheduling and
other administrative preparations, the term of the Agreement
shall run. from April 1, 1990 through the end of the seasor.
(September 30) in 1995. It should be noted that the City has the
right to suspend or terminate the agreement i. f required for the
planned renovation of the stadium, althouq_h we ar.ti.ci.pate that
this will rot be necessary since they are only using 1/2 of the
stadium, and construction can be phased accordingly.
Based upon the agreement terms and past experi.er.ce with sporti_rg
everts of this caliber, we anticipate that gross revenue to the
City will escalate over the agreement term, beginning at $92,800
in 1990 and ending with $114, 800 and 1995. With the City' s total
annual season expenses estimated at ar. average of $44,700, annual
net City revenue is estimated to range from $48,300 to over
$69,000 depending or. the contract year, as shown in the table
attached.
i
Minimum Use Fee: 1990-92: $1,800 1993-95: $4,000
Annual #
of games:
10
=_ Lights:
$1,252 per
hour
=_
Attendance:
3,000 per
game
-
REVENUES
1990
1991
1992
1993
1994
1995 =-
-_ Use Fee
$18,000
$18,000
$18,000
$40,000
$40,000
$40,000
Surcharge
18,800
18,800
18,800
18,800
18,800
_
18,800
Parking (750 spaces)
15,000
15,000
15,000
15,000
15,000
15,000
= Concessions (42.1%)
41,000
41,000
41,000
41,000
41,000
41,000
o Totals
$92,800
$92,800
$92,800
$114,800
$114,800
$114,300 e
CITY PAID EXPENSES
--
Lights (3 hours)
$37,500
$38,000
$38,500
$39,000
$39,500
$40,000
Parking Personnel
6,000
6,000
6,000
6,000
6,000
6,000
Totals
$43,500
$44,000
$44,500
$45,000
$45,500
$46,000 ®,
NET REVENUE
$49,300
$48,800
$48,300
$69,800
$69,300
$68,800
3 TOTAL NET REVENUE
$354,300
ANNUAL, NET REVENUE (AVERAGE)
$ 59,050
inc.t-;-
1990 MIAMI ' 94 GROUP AMERICAN SOCCER 1_E:A(j(1E 61AAQ 501MULE
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@ Fort Lamlertlnle 5trikers 8:00 P.M.
tt'ASIIINCTON STAPS 8:00 P.M.
@ llnrtllrind fictilfs 7:30 P.M.
NEW JERSEY EACLE.S 6:00 P.M.
0 Albnny capi (nls 7: 40 P.M.
0 Nvit, jer.-qcif rcr.)Ic- 7:00 P.M.
1305TCN 13OLTS 8:00 P.M.
FORT LAUDERDALE STRIKERS 6:00 P.)#.
6 11'a'.111i rigf on Stars
7:00
P.M.
@ IAnston f3c,l f s
7:?O
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@ Ft nrt/,jrr�ry ST,i r•i f
7:00
P.M.
OR LANW LIONS
6: 00
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PENNIJERSEy SPIRIT
A : 00
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0 IVnslttrlcffoft pilrlolmot,m
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T,01PA DAY ROWDIES
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WA, -,II I N4 TON DIPLOMATS 8 : 00 P.M.
iAll home homes Irlayr.cl cit Miami Ortlnyr, Sow[
iAmcricnn Soccer Lcnr3t,F Platjoff l)nt•r!:
!august 101►t, 1111, R lPtlt - At.guat I7fh, ItIth R 19th
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2100 CORAL WAY 0 SUITE 6n1 0 MIAMI, r:omrm 13145 • 1'140N6 (305) 050.7417 • FAX: (305) 858.7520 t ___