HomeMy WebLinkAboutR-89-1039J 89-1011
11 /6 /89
RESOLUTION NO. 89-1039
A RESOLUTION, WITH ATTACHMENT, ESTABLISHING
SPECIAL CHARGES, TERMS AND CONDITIONS FOR THE
USE OF THE MIAMI BOBBY MADURO BASEBALL
STADIUM BY DAVID SENIOR SPORTS, INC. d/b/a
GOLD COAST SUNS FOR SAID ORGANIZATION'S
PRESENTATION OF A MINIMUM OF EIGHT (8)
BASEBALL GAMES DURING THE PERIOD OCTOBER 1989
THROUGH FEBRUARY 1990; FURTHER AUTHORIZING
THE CITY MANAGER TO EXECUTE A USE AGREEMENT,
IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN
THE CITY OF MIAMI AND SAID ORGANIZATION FOR
SAID USE.
WHEREAS, the Department of Parks, Recreation and Public
Facilities is responsible for the operation of the Miami Bobby
Maduro Baseball Stadium and seeks to secure the presentation of
sporting events and activities at said facility; and
WHEREAS, David Senior Sports, Inc. d/b/a/ Gold Coast Suns
wishes to present a new professional league of baseball games
with players over 35 years of age and is looking at said stadium
as a possible permanent home; and
WHEREAS, the City Manager and the Director of the Department —
of Parks, Recreation and Public Facilities have negotiated the
attached agreement to cover the first season, October 1989
through, February 1990, with terms favorable to encourage growth —
of this baseball league; and
WHEREAS, future use by the organization will be subject -to
additional negotiations and City Commission approval; and.
WHEREAS, under the terms of the proposed contract, said
organization will hold a minimum of eight (8) games at said
stadium for a use fee of $250 for each day game and $350 . for eoch ;r=
night
game, plus the applicable ticket surcharge and certain
operating expenses, including police] and s-
W "ASO, the organization will also be
9 granted concession
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privileges egea :.for .the sai.+s of programs and souvenir merchandise, and
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ATTACHMENTS-;U
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CONTAINED
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WHEREAS, the City will also provide certain event personnel,
cleanup,. limited office and parking space at no additional charge
to the organization; and
WHEREAS, the City Manager and the Director of the Department
of Parks, Recreation and Public Facilities have determined that
the charges, terms and conditions of the proposed contract will
not adversely affect the revenue operations of said facility but
will provide a regular source of funding as well as sporting
entertainment for the benefit of Miami citizens and visitors; and
WHEREAS, Section 53--143(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;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals contained in the Preamble to this
Resolution are hereby incorporated by reference thereto and
adopted 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 Miami Bobby Maduro
Baseball Stadium by the David Senior Sports, Inc. d/b/a/ Gold
Coast Suns are hereby established for said organizations
presentation of a minimum of eight (8) baseball games during the
period October 1989 through February 1990.
Section 3. The City Manager is hereby authorized to execute -
n� a use agreement, —/in substantially the form attached, between the
City of Miami and the David Senior Sports, Inc. d/b/a/ Gold Coast
Suns for said use. F.
1 Section 4. This Resolution shall become effective
'E immediately upon its adoption.
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—f 1� The herein authorization is further subject to compliance with
E: all requirements that may be imposed by the City Attorney, _ =
including but not limited to those prescribed by applicable
1' City Charter and Code provisions.
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JW eR S r a
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PASSED AND ADOPTED this 30th day of
November , 1989.
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XAVIER.
L. DARE
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ATTEST
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MATTY HIRAI, CITY CLERK
PREPARED AND APP VED BY:
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EyRrLARftLO
F ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
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RGE MRNANDEZ
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A 0 R t E M E N T
THIS AGREEMENT, made and entered into this day of
1989, by and between the CITY OF MIAMI& a
Municipal corporation of the State of Florida, (hereinafter
referred to as "CITY"), and DAVID SENIOR SPORTS, INC. d/b/a GOLD
COAST SUNS, a Florida for profit corporation, with its principal
office located at 1799 N.E. 8th Street, Pompano Beach, FL 33060,
telephone number 781-6200, (hereinafter referred to as the
"ASSOCIATION").
R E C I T A L
WHEREAS, the City is the owner of the following described
property, situate, tying and being in the City of Miami, Dade
County, Florida and more particularly described as follows to
wit:
The South 903.68 feet of the W 1.2 of the NE
1/4 of the SE 1/4 of Section 26, Township
53-S, Range 41 East, lying in Dade County,
Florida, containing 14 acres; excepting
therefrom the West 25 feet, the South 25 feet
and the East 25 feet thereof, used and to be
used hereafter for public road and street
purposes incidental thereto.
and;
WHEREAS, the said real property has heretofore been improved
by the construction of a stadium thereon known as "The Bobby
Maduro Miami Baseball Stadium", furnished with suitable
landscaping and with furniture, fixtures and equipment considered
as a part of the improvements to said real property, all-jor the
purpose of -making said property usable, as a sport at*
including parking facilities located thereon; which Pt*4*UM, and
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facilities appurtenant thereto are more fully hereinafter
described in Paragraph 2; and
WHEREAS, the ASSOCIATION operates - a Senior Saseba,%.1',be
forpirafessional players over 35 years of age; >and
WHEREAS,:
,AS,:, the City- of Miami: is eager to pronot a the", U.
said stadium for -community-oriented baseball CIO vent and- etq.-,
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encourage thegrowthbooebalt leagues each' *fib :that operotoqp
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tbo ASSOCIATION: and
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WHEREAS$ the City Manager has negotiatod this Agreement in
order to meet said objectives and to provide favorable
circumstances for the growth of the ASSOCIATION beyond the first
year of its operation at this City faci.lityt
NOW, THEREFORE, in consideration of the premises and the
mutual covenants hereinafter contained to be observed and
performed, the parties do 11ure-by agree as fot.lowss
1. Purpose
}` The CITY hereby grants to the ASSOCIATION the privilege
-' of using the, Miami Stadium for the purpose of holding its
training practice, tryout and exercise sessions, and baseball
games, all hereinafter referred to as "baseball events", as the
ASSOCIATION 'desires.
2. Stadium Premises
(a) The premises which the ASSOCIATION shall have the
right to use under this Agreement shall include the entire
playing area with all seating facilities for use of spectators,
together with all lobbies, ramps, washroom facilities, other
public areas necessary for the presentation of baseball events,
ticketbooths, press box, press box lounges (with the exception
of the lounge on the East end of the press box overlooking the
playing fie,ld), dugout lounge, together with furnishings, -
furniture and fixtures, Club house facilities, and public address
booth, (all hereinafter collectively referred to as either the
"Stadium" or. the "Premises"), subject to the provisions of this
Agreement.
(b) The,Premises shalt also include an area or. space 'as -
inutual.ly agreed upon between CITY and. ASSOCIATION to be used by
the ASSOCIATION for its offices, as stipulated in Paragraph 125
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hereto {
(c) The Lounge (or box) on the East end of the preens
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box structure has been. specifically excluded from we .by the k
ASSOCIATION, as hereinabove:provided in Paragraph 2(a), and _-
such lounge (or box) shall bet reserved for the °. vxic `llsive
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use by the City of Miami. as , an ''.tiff cia1.; C kY 803t"' Ur .ng
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Pmeso , A569CIATION agrees that. khi* Official..., City: Qx ` �-
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Aby be utilited for promotional purposes by CITY
officials and their guests for viewing of games, or events, and
that the ASSOCIATION shall provide game tickets for the said
official City Box, in the maximum amount of twelve (12) per game
at no charge to City. Said tickets shall further be exempt from
the City ticket surcharge.
(d) Al.so excluded from this Agreement are certain areas
such as the communication equipment space; concession and Stadium
Manager storage rooms; office space other than that allocated to
the ASSOCIATION; and the concession office, commissary, and
storage areas necessary or incidental to the operation of the
concession stands.
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(e), In the event additional space is required for
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baseball facilities by the ASSOCIATION, said space shall be made
available, when feasible, by the City Manager or his designee.
3. Term
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(a) The CITY hereby grants to ASSOCIATION and the
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ASSOCIATION hereby accepts from CITY the nonexclusive right to
use the Stadium from October 15, 1989 to February 4, 1990, as
said term is hereinafter defined in Paragraph 3(b). The CITY
agrees to negotiate with ASSOCIATION such terms and conditions
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as may be acceptable for a long term use agreement for ten (10)—
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additional years and to submit same for City Commission approval..
The ASSOCIATION shall have the right to use the Stadium for
baseball events, as her.einabove referred to in Paragraph 1, on
those dates when the ASSOCIATION shall be scheduled to hold
baseball games, or. the ASSOCIATION shall be conducting other
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baseball events deemed by the Department Director, to be suitable
for the Premises. Except for those dates on which the
ASSOCIATION shall be using the Stadium, the Premises may 'be 'tisa1„
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by others as hereinafter provided in Paragraph 22.Jr-
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(b) The "baseball season" of the Senioir PrO100`6ional,
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Baseball Association shall. be deemed by the parties 'to:' hiw
Agreement to commence on October, 1989 and sha11terelir ate..n04i.
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the first Sunda of February .. .. _.. -
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succeed ing the �ia�+e of the last such game
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The ASSOCIATION agrees to hold a minimum of eight (8) baseball
games at the Miami Stadium during said "baseball season".
(c) In the event the City Commissioners of the City of
Miami authorize the sate or transfer of the Premises, or in the
event the premises are needed for a municipal purpose other than
baseball, or in the event that the CITY desires to use the
Premises for other L•han stay mg stadium events, the CITY or its
successor shall. have the right to terminate this Agreeewent,
provided the CITY or its successor shalt have given the
4'. ASSOCIATION written notice of such termination at .least thirty
(30) days prior to such termination and ASSOCIATION agrees to
-4 vacate the Premises within thirty (30) days from the date of
receipt of such notice.
(d) Nothing contained in this Agreement shall be
construed as vesting in the ASSOCIATION the exclusive control and
dominion of the Stadium, but merely granting to the ASSOCIATION
the right to the unobstructed use thereof during those dates when
the ASSOCIATION shall hold baseball events during the 1989-90
season._
(e) The ASSOCIATION shall not be required to, play a
minimum of eight (8) games if prevented from playing such games
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because of fire, earthquake, rain, flood or: any other acts of
God, or any other cause or condition beyond the control of the
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ASSOCIATION.
4. General Conditions
(a) In the event of conflict between the terms of this
Agreement and any term or conditions contained in any- attached
documents, the terms in this Agreement shalt rule.
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(b) Should any provisions, paragraphs, se-ntences, words
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or phrases contained in this Agreement be determined by a V*UrV
of competent jurisdiction Lo be invalid, illegal or otherwise.:
unenforceable under the :laws of the State of Florida or +CM,
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such provisions, paragraphs* sentences, words ` or phrases sha-XV;,
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,deemed modified to the extent necessary in order to inform with..
laws,
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:such than some shall be be deemed severable and in r�ei r
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event, the remaining terms and provisions of this Agreement shall
remain unmodified and in full force and effect.
(c) Venue in any litigation, administrative, or
mutually agreed upon arbitration proceedings shalt be in courts
or tribunals located in Dade County, Florida.
5+ Assurances and Certifications
ASSOCIATION :assures and certifies that ASSOCIATION
: possesses .legal authority to enter into this Agreement; a
resolution, motion, or similar action has been duty adopted or
passed as an official act of ASSOCIATION's governing body,
authorizing the execution of this Agreement, including all
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understandings and assurances contained herein, and directing and
authorizing the person identified as the official representative
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of ASSOCIATION to act in connection with ASSOCIATION and to
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provide such additional information as required.
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6. Waiver.
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No waiver of any provision hereof shalt be deemed to
have been made unless such waiver be in writing signed by the
City Manager, or designee. The failure of CITY or. City Manager
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to insist upon the strict performance of any of the provisions or
conditions of this Agreement shalt not be construed as waiving or
relinquishing in the future any such covenants or conditions but
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�. the sane shalt continue and remain in full force and effect.
7. Court Costs and Attorney's Fees
In the event that it becomes necessary for CITY to _
institute legal proceedings to enforce the provisions of this
Agreement, ASSOCIATIONS agrees to pay CITY's court costs and
attorneys fees where such judgement is found in the CITY's,
favor.
8. Conliance With Federal 1.
State, and Local. Laws:
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Both parties shalt. comply with all applicable aMQ*.
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ordinances, and codes of Federal, State and Local Governments,
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9. Fees and Charges for Use=
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(a.) The ASSOCIATION shall pay CITY for its use of the
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described remises Two Hundred and d fifty D►itaArs t i3*0 fare.. <
+ebaseball l events and Three Hundred,rsf.<
each "day"y
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($350,00) for each "night" baseball event, plus 6% State 'Tax.
"Day" baseball events shall be those which conclude before
sunset; and "night" baseball events shall be those which conclude
after sunsets thus requiring field lighting. Exercise, training
and/or practice sessions held on the same day as a game,
immediately prior to the game, shall not be subject to additional
use fee payment. The use fee shall be paid on a monthly basis
due on the first of each month during the use period for each
baseball event scheduled in that particular month.
_ (b) Based upon an actual admission price, excluding
t 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 on the admission price as follows:
Price of Admission
$1.00 to $5.00
$5.01 to $15.00
$15.01 and Over
Surcharge
$0.50
$0.75
$1.00
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. All admission tickets
must be printed by a bonded printer and listed on a .ticket
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manifest. The manifest shall be presented to the Assistant
Director, and USER will prepare a complete box officestatementA
of all admission tickets sold or distributed as complimentary
tickets. All complimentary tickets sha11 be printed as
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"COMPLIMENTARY TICKETS". ASSOCIATION shall be permitted by CITY
to give away up to 3,000 'tickets per game for promotional
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purposes. USER shall record collection of'the'. surcharge, and.
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shall list such revenue as a separate item in the', statement• of
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accotints for the event. Ticket surcharge revenud= shall. be paid
to the CITY upon demand, and/or as soon-�as' possible 'aftex:!.,the
conclusion of the event, in accordance with City Code provisions
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and the terms of -this Agreement.
100 Records and Audits
(a) General: Upon execution : of this Agrt3+smsnt, �= e
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form of all records and operating 'controls are ' silb ad,*- _
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review and written approval of CITY's Internal Auditor, whose
further recommendations shall be complied with by ASSOCIATION
upon request. Such records shalt be kept sepatately and apart
from any other business or businesses of ASSOCIATION and shall be
available locally within bade County, open for inspection by
CITY. City Manager or authorized representative during reasonable
times and under reasonable circumstances. WA such records shall
be so maintained during the term of the Agreement and for a
period of up to three (3) years after final payment is made.
(b) Records: ASSOCIATION agrees to prepare, and
maintain throughout the Agreement term, true and complete records
and accounts of all ticket sales for each month arising from, or
occurring by, virtue of, the use of said stadium, in accordance
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with generally acceptable accounting principles which shall be
consistently followed and itemized as to ticket price of items
and the applicable surcharge pursuant to this Agreement.
1 (c) Audits: Upon ASSOCIATION'S execution of this
Agreement, ASSOCIATION shalt furnish a Letter. to City Manager, or
designee, from an independent Certified Public Accountant (CPA)
which establishes that ASSOCIATION's internal controls are
adequate to safeguard its assets and properly reconcile
accounting transactions. The City Manager reserves the right' to
audit the records of ASSOCIATION at any time during the Agreement
term and for a period of up to three (3) years upon expiration of
the Agreement..
11. Nature and Construction of Agreement
Notwithstanding anything - contained herein to'' the
contrary whatsoever, this Agreement is not intended to create,
nor shall it be construed as creating or constituting, a lease
between the parties or vesting any leasehold estate in
ASSOCIATION or establishing the relationship of ' landlord ''and
tenant.
12. Nature and Extent of Charges
The fees and cha*gee for the use of the Stadium as
hereinabove provided in PaKagraph 9 shall not conet`ituterefitjh
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and shall not be construed as being :rental but shad:
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considered only as fees and charges for Lhe right to use the
Stadium on the dates so used, as above set forth. -
13. Advertising, parking Facilities, programs,and Souvenirs
(a) The CITY shalt retain, control and shalt have the -
exclusive right to place any and all advertising upon the
Premises during the 1989-90 season covered -t� 9 by this Agreement.
The City Manager., however, may permit the ASSOCIATION to put up
:temporary banner signs naming other teams in the .league and
corporate sponsors, provided that they do not copy or cover any
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permanent commercial signs. These banners are to be put up -
-= immediately preceding each game and removed immediately
afterward. Thereafter, the CITY further agrees that if the
Baltimore Orioles do not exercise their right to enter. an
Agreement with the City of Miami. following the 1990 Spring
Training Season, then the CITY will grant to the ASSOCIATION an
opportunity to obtain such rights on such term and conditions as -
are acceptable to the ASSOCIATION and the CITY.
(b) The ASSOCIATION shalt have the exclusive right to
sell scorecards and programs during any season covered by this
Agreement, the revenue of which shalt be the sole property of the 4�
ASSOCIATION.
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(c) The CITY has given the rights to sell souvenirs and
novelties during the ASSOCIATION's 1989 season to the
ASSOCIATION.
(d) The ASSOCIATION will have the right to use the e
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parking lots located adjacent. to the third base line of the X
Stadium during scheduled baseball events. The CITY shall control
and operate other stadium parking lots for its own and the
public's use and shall retain all revenue derived therefrom.
14. Operating Costs
The CITY shalt. only pay for operating costs and
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personnel expenses incurred for said baseball games scheduled and
accomplished by the ASSOCIATION as specified herein:' event
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supervisor, groundskeeper, and r.estrooe attendants, ASSOCIATION
shall, pay for all other production personnel,, including, without r
Imitation, house personnel., game officials, box office
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.personnel, caterers, announcers, ushers, ticket takers, ticket
sellers, scoreboard operator and police.
IS. Maintenance ,of,_ &tadi,um, Playing Field and Grounds
(a) The CITY sh.-0.1. prepare the baseball field in a
manner which will facilitate its being played upon, inclusive.of
appropriate markings, and shalt deliver the field to the
ASSOCIATION in a condition consistent with major league camp
standards at such times as the ASSOCIATION is scheduled to use
the Stadium. The CITY shall be solely responsible for
maintaining the baseball flaying and practice areas in a
Condition which meets with acceptable major league standard and
hereby agrees that such standard of mainten h Lt be
ante s a.. at Least
the same degree of maintenance which has been undertaken in prior
years. The CITY shall be responsible for the employment and
payment of all groundskeepers and custodians as may be required
in order to carry out its obligations under this Paragraph, which
shall include employment and payment of groundskeepers and
custodians for use durir:,g the ASSOCIATION's home games.
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(b) The CITY shall, at its sole cost and expense,
maintain the scoreboard and its appurtenances and all other.
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equipment located at the Stadium necessary for the utilization of
the Stadium by the ASSOCIATION, as herein provided. The CITY
will not be responsible to furnish any heavy or tight motorized
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equipment to the ASSOCIATION unless such equipment is operated by
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CITY personnel.
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(c)The CITY shalt deliver. the Stadium to the
ASSOCIATION on the first day of- each season during the term
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hereof in a clean and sanitary -condition, but, subsequent
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thereto, the ASSOCIATION shall provide its own janitorial,
:.for the locker roams, Press Box, office spaces, dugouts, Joungea,
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ticket booths, and other, areas utilized exctusye.ly by she
ASSOCIATION� and the: CITY shall .,be solely responsiblep
of.. the public areas such as then grandstand,.: lobbies.., rapst1d
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rest-x4ome.:, The CITY shall also _pr:ovide.,,any,
',ior the aforementioned public areas,
(d) :,The:: CITY fur, li1er
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responsible, at its sole cosy. and expense, to keep the parking
areas in good condition, maintain and repair, and to Clean the
said parking areas after, every bAsebatl event in which the
ASSOCIATION is either involved or which the ASSOCIATION booked
rt and, in addition, the CITY shalt clean the entice Stadium after
any event that has been booked or scheduled by the CITY during
each spring training season during the term hereof.
(e) CITY shall. be responsible for trash disposal costs.
16. Utilities
During the term of this Agreement, the CITY shall,
without cost or expense to the ASSOCIATION, provide sufficient
water, gas, ,electricity (including all playing field
floodlights),,. and sanitation services, in connection with use of
the stadium. ASSOCIATION shalt pay all other, utility charges
incurred through its use of said stadium, including ASSOCIATION
telephone.
17. Concessions
The ASSOCIATION understands that the nonexclusive
privilege for food and beverage sales at the Stadium has been
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granted by the CITY to a concessionaire. The ASSOCIATION,
therefore, shall not be permitted to sell or permit the sale of
any food and/or beverage in connection with its events without
concessionaire approval. The City shall, within thirty (30) days
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after the last game of the season, pay to the ASSOCIATION sixty
percent (601) of the City's 42.1% gross revenue from food and
beverage sales (less State of Florida Sates Tax) made during each
ASSOCIATION event covered by this Agreement.
18. Risk of Loss and Indemnification
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(a) CITY shall not be liable for any loss, injury or
damage to any personal property or equipment of the visiting
teams, loss of use, or anyone whomsoever, during any tames the
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MIAMI STADIUM is under the control of and occupied by the
ASSOCIATION and all personal property placed or moved oa the
subject premises shall be at the risk of ASSOCIATION or the arrn$u
thereof.,
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(b) The ASSOCIATION shall indemnity and save the CITY.`
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its agents, officers and employees harmless frox and agait
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claims, liabilities, losses and causes of action, except the
ASSOCIATION shall not be responsible for any liability in
connection with the willful or negligent acts or omissions of
CITY's employees, officials or authorized agents or for any
claims arising out of any structural deficiencies of or improper
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maintenance of the Bobby Maduro Miami Baseball Stadium, which
arise out of ASSOCIATION's activities under this Agreement,
including all other acts or omissions to act on the part of
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the ASSOCIATION including any person acting for or on the
ASSOCIATION's behalf. The ASSOCIATION will indemnify the CITY for
any reasonable attorney's fees and expenses incurred by the CITY
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in defense of such claim, liability, losses and causes of action.
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Attorneys' fees and expenses will be the responsibility of the
ASSOCIATION.
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19. Insurance
The ASSOCIATION agrees, during the term of this
Agreement, to obtain not less than the following insurance.
coverages, and furthermore compliance by the ASSOCIATION of the
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requirements of this paragraph shall not relieve the ASSOCIATION—
of its liabilities and obligations under this paragraph or under
any portion of this Agreement.
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(a) The ASSOCIATION shall secure and maintain in effect
during the term of this Agreement a Comprehensive- General
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Liability Insurance Policy or. Policies, or their equivalent, with
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at least a combined single limit for bodily injury liability and
property damage liability of $1,000,000 per occurrence.... -The CITY
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shut be named as an additional insured on such policy or
Policies.
(b) to addition to premises and operations coverags,
the policy or policies shall include personal injury liability,
+. products and completed operations liability, contractual
liability, premises medical payment, extended bodily injury
'. coverage, and liquor liability coverage (where applicable).
(c) The policy or policies will contain an Agreement
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that the insurer or insurers will not cancel or materiallyy alter
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the coverage without at least 30 days written notice to the City
of Miami.
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(d) Insurance policies required must be written by a
company or companies with management and financial strength
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ratings acceptable to the CI'rY's Insurance Coordinator., as
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depicted in the .latest edition of the A.M. Best Co., Inc., Ambest
Rd., Oldwick, N.J. , 00058. The company or companies must be duly
authorized to engage in insurance business by the State of
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Florida.
(e) The ASSOCIATION shall, throughout the Agreement
term, provide a copy of the current policy. Said policy shall be
submitted, prior to the start of the ASSOCIATION's use of
utilizing Bobby Maduro Miami. Baseball Stadium, to the Department
` of Parke, Recreation and Public Facilities as proof of insurance
required by this section.
20. Alterations and Additions -
(a) ASSOCIATION agrees to make . no alterations or
additions to the physical structure of the Stadium unless the
plans and specifications:
1,. Are first submitted to the DIRECTOR for
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Presentation and review by all De axteents
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and Offices with jurisdiction, and
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2.:, Are approved by the City Manager, of city 99
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Miami., Dude County, Florida, or deoignee, a►t#d
«County,,
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3. Are in compliance with all State, and
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City and building codes An
Kules, regulations,ti
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any other agency,or pub ti4p authority that way
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have jurisdiction in these matters.
Any alteration or addition so approved shall be made at the sale
cost of ASSOCIATION. The ASSOCIATION agrees to repair any
damage resulting from ASSOCIATION's exclusive use of any
fixtures, appliances, furniture or appurtenances of the Stadium
caused by any act of the ASSOCIATION, its guests, invitees or
licensees other than normal wear and tear, or to pay or cause to
be paid to CITY any bills incurred for such necessary repairs.
(b) Additions, fixtures or improvements which may be
installed by ASSOCIATION, except movable equipment, office
furniture and furnishings, supplies, baseball equipment and any
other items in the nature of personality, shall become the
property of CITY and shall remain upon the Premises as a part
thereof and shall be surrendered with the Premises upon the
termination of this Agreement.
21. Assignability
(a) The ASSOCIATION shall have the right, with prior
approval and consent of the City Manager, to assign and transfer
this Agreement, or any portion of its rights to use the Stadium
as in this Agreement set forth, to any parent, subsidiary or
related company of ASSOCIATION.
_
(b) In the event that the ASSOCIATION shall sell the
baseball franchise, the ASSOCIATION shall have the right, with
-
prior approval and consent of the City Manager, to assign and
transfer this Agreement, or any portion of its rights to the use
of the Stadium as in this Agreement set forth, to such purchaser
r
or purchasers.
(c) ASSOCIATION shall not assign this Agreement, or any
portion of its rights to the use of the Stadium as in this
._
Agreement set forth, without first obtaining the written:consent
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of City Manager.
c
(d) This Agreement shall be binding upon the parties
herein, their heirs, legal representatives, successors, end
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assigns.
22. Use of Stadium
ri
The ASSOCIATION shall furnish the City's Director t
Parks, Recreation and Public ftcil.ities with its 9 6100#4�
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for CITY's approval 45 days prior to the commencement of the
1989-90 baseball season and any modifications or changes therein
as may occur and are approved by the Director, from time to time,
thereafter. Except for those dates approved by the CITY when
ASSOCIATION shalt be using the Stadium for baseball events, as
hereinabove described in Paragraph 1, the CITY shall have the
right and privilege of using and scheduling the Stadium for other
events, without the prior consent of the ASSOCIATION. .It is
?
understood that CITY will endeavor to protect the playing field
--
during any event scheduled by it during the season and will
remain mindful that it must deliver the field to the ASSOCIATION
-
t
for training and playing purposes in the condition as hereinabove
provided.
23. Radio and Television
All radio and television broadcasts shall be under the
control and responsibility of the ASSOCIATION and any and all
_
profit derived therefrom, shalt. be the exclusive property of the
ASSOCIATION.
24. inventory
On or before the date of actual use of the Stadium by
the ASSOCIATION, as hereinabove provided, both parties 'agree that
an. inventory shalt be made of all equipment and personal
property, and at the termination of this Agreement all said
-'
equipment and personal. property shall be returned to the CITY in
good and operable condition less only ordinary wear and tea*:.
25. Office Space
-f
CITY hereby grants to ASSOCIATION the 'right- to4Futilize_
office space on the first- floor 'of the Stadium. The Department
Director shall provide ASSOCIATION with' a -minimum of" an, office
area which ma be ut i. lized h the ASSOCIATION, on'a e dai t bas:.. }
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for any day or. any number of days as `ASSOCIATION shall sb
;.
desire during the term of this Agreement. 'There mhai'
16yfw.
adtiit Tonal fee and charge made by the CITY ko' the ASSOCIATIOW fox
any such use of office space51
`
26,
Ingress and Egress of CITY
'
Authorized CITY employees shall have. the right
14 r `
ingress and egress, at all times to the Stadium.
27. Books and Records
The ASSOCIATION shalt make available to the CITY
and the CITY shall have the right to inspect, at sit reasonable
times, the daily statement of tickets sold for ASSOCIATION events
at the Stadium so as to determine ticket surcharge, as
hereinabove def i.rded in paragraph 9.
28. Payment
For the term of this Agreement, the CITY shall -submit
to the ASSOCIATION, on the last day of each month, or at such
other time as may be specified by the CITY, an invoice for, the
amount due from the ASSOCIATION to the CITY for the surcharge
portion of tthe use of the Stadium, as hereinabove provided in
Paragraph 9b. The ASSOCIATION shall, within ten (10) days from
the receipt of said invoice, remit payment to the CITY in
accordance with said invoice. The use fee shall be paid in
accordance with Paragraph 9a of this Agreement. All payments by
ASSOCIATION shalt be made to City of Miami c/o Orange Bowl
Stadium, 1501 Northwest arc] Street, Miami, Florida 33125.
29. Non -Discrimination
The ASSOCIATION agrees that there shall be no
discrimination as to race, color, creed, national origin, or
handicap in connection with the use, maintenance and operation bf
the Stadium by the ASSOCIATION.'
30. Employees of the ASSOCIATION _f
The ASSOCIATION shalt require its employees who come in
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contact with the- public to be neat, clean, courteous and wean M
suitable identification by which they may be` known and.
distinguished 'as employees n
Q p oyees of the ASSOCIATION. The ASSOCIATION
and its _employees shall not. be agents or employees of the CITY
and shall not obtain any rights.or. benefits "unde.r.. the C'iL:'t�',
s
Ser. vice • or, Pension Ordinances of 'the CITY or
any rights fgen. ie ai
¢Sr
' afforded classified or unclassified employeeel futrther t3 ey ivtta2.l.
not, be deeated entitled to -the Florida Workers::"Co
+sr#p► i+E Otl ,
tk �benefit +ss `a0pl.oyess of the CITY.
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31. Integrated Agreement
This Agreement contains the entire understanding betweeh
the parties hereto and supersedes and makes null and void any
previous existing Agreement between the CITY and ASSOCIATION and
may not be modified orally or in any other manner than by an
Agreement, in writing, signed by all of the parties to this
Agreement, or their respective successors or assigns.
32. Notices
Any written notice to be given under this Agreement
shall be mailed or delivered to the following address:
Notice to the Ci_tyt
City Manager of the City of Miami
City Hall
.P.O. Box 330708 (Coconut Grove Station)
Miami, Florida 33233
Notice to the ASSOCIATION%
A. Curtis Cook
Vice -President, David Senior Sports, Inc.
• Ill Bauer Drive
w
Oakland, New Jersey 07661
z
Myron Rosner, Esquire
Rosner & Feltman
70 Grand Avenue
River Edge, New Jersey 07661
Frank C. Walker, Esquire
Stuart & Walker, P.A.
600 Northeast Third Avenue
Fort Lauderdale, Florida 33304
33. Paragraph Headings
Paragraph headings of this Agreement are not apart of
the substance of this Agreement and shall have no effect upon``the'''
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construction or interpretation of any terms, conditions or part:
of this Agreement, F"
34. Governing Laws
This Agreement shall be construed and enforced according;'
to the lawsof the State of Florida.
35. Defaults,
tin
In the event the ASSOCIATION violates,, any of, theme;,
provisions of this Agreement, CITY shall advise, ASSOCIATIOU. 0f t�h�I
the said violations and if ASSOCIATION does not correct the s414' �
violation within ten (10) days, then CITY may termin4te .tl�ia r
Agreement 'for`thwith and cancel any further, right to use
Promises by ASSOCIATION without further notice to the ASZ�l�,tt�
or without the invocation of legal. proceedings.
NOW
36. Conflict of Interests
(a) ASSOCIATION covenants that no person under its
employ who presently exercises any .functions or responsibilities
in connection with this Agreement has any personal financial
interest, direct or indirect, with CITY. The ASSOCIATION further
covenants that, in the performance of this Agreement, no person
having such conflicting interest shall be employed. Any such
. interests on the part of ASSOCIATION or its employees, must be
disclosed in writing to CITY.
(b) The ASSOCIATION is aware of the conflict of interest
laws of the City of Miami (City of Miami Code Chapter 2, Article
V), Dade County, Florida (Dade County Code Section 2-11.1)
s
and the State of Florida, and agrees that it will fully comply in
all respects with the terms of said laws.
37. Amendments:
No amendments to this Agreement shall be binding on
either party unless in writing and signed by both parties.
38. Reasonable Approval
F
—
Whenever in this Agreement the approval or consent of a
'S
party is necessary for a particular act or undertaking, such
approval or consent shall not be unreasonably withheld.
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IN WITNESS WHEREOF, the respective parties have hereunto caused—
these presents to be signed, sealed and delivered on the day and
x.
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year first above written.
CITY OF MIAMI, a Municipal
ATTEST: Corporation of the State of;
Florida
BY
3 Z�
1
MATTY HIRAI CESAR H. ODIO
City Clerk City Manager
F
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N
DAVID SENIOR SPORTS, INC. a
Florida corporation, d/bjs Go%Dr`
COAST SUNS
ATTEST:
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BY
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Cdtpb rate 8ecaretaty
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APPROVED AS TO INSURANCE:
insurance Manager
APPROVED AS TO FORM AND CORRECTNESS%
Jorge L. FernanNz
City Attorney
APPROVED AS PER DEPARTMENT
050&81�-
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.Z.
Z=77777
e%Eo%jw JL 0 L a I
Atl;e;t;S Ru3er#. Director
Parka, Recreation and
Public Facilities
X. 1�
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WHEREAS► the Board of Director.e of DAVIDSENIOR S?QATS,_.INC.
d/b/a GOLD COAST SUNS, desires to enter into an Agreement with
the City of Miami for use of the MIAMI BASEBALL STADIUM; and
WHEREAS► the Board of Directors of DAVID SENIOR SPORTS, INC.
d/b/a GOLD COAST SUNS has examined terms, conditions and
obligations of the proposed Agreement with the City of Miami for
use of the MIAMI BASEBALL STADIUM,
WHEREAS, the Board of Directors at a duty 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 4^-
DAVID SENIOR SPORTS, INC. d/b/a GOLD COAST SUNS, 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 MIAMI BASEBALL STADIUM; in accordance j
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
k
198
CHAIRMAN, Board of Directors
By
Signature
Print or Type Name
Attests (SEATO)
Corporate Secretary Signature
:t
xxnt or Type Name
EXHIBIT 1
"15
1
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
Honorable Mayor and Members
To: of the City Commission
FROM Cesar H. odio
City Manager
CAw30
DATE: NOV FILE
Resolution to Set Fee
SUBJECT : for David Senior Sports,
d/b/a Gold Coast Suns
REFERENCES:
ENCLOSURES:
:,
Recommendation:
It s respectfully recommended that the City Commission adopt the
attached resolution establishing special charges, terms and
conditions for the use of the Miami Bobby Maduro Baseball Stadium_
by David Senior Sports, Inc. d/b/a/ Gold Coast Suns for the r:•,
presentation of a minimum of eight (8) professional baseball
games (over 35 league)'during the period October 1989 through
.i February 1990, and authorizing the City Manager to execute a use
agreement-for.this purpose.
Background:
The Department of Parks, Recreation and Public Facilities- has t:
prepared,the attached legislation. A new professional baseball
league ;for players over 35 years of age is being Conducted for r
the first time in the Miami area `by David 'Senior' Sports, Inc.
d/b/a/'Goid CoastSunsThe organization has requested the dise of�
the : Saseball,..Stidium for this initial season and ibpes to ;make
this -Cy facility: its permanent home as the league continu+ee to _
grow.w
in order to encourage the growth of the league and to Continue,to = r',
' provide quality sporting events at this facility, the T'�itY µ
Manager and the Director have negotiated the attached agreenelhl
for the upcoming . season.: Under the terms of they contract, t
organi$at,ion will hold a minimum ofs :eight' {giY`mg$mes at toe
stad ne . for, a usefee of $250 " for each day. game and, $350 f+�r each �
night game, plus the applicable "ticket surcharge :ate .egtain _ Y
0erat'in . �
q>. eape�nsee.w:.iacludin� police. The organnization wi xi B? �
be granted concession privileges
` #or the sa�.e Q#' progr % aln4
souvenir,:-morahandise, and will receive 604 of nak:.City rev nni r` {h
f ran < too �,f , .Aood and:. bpverag � : for .. its gamof ! ;
to proit'de certain event personae , cleanup. and.A Ia>Isite i fff # ' Y
mnd :$arklijg s►ce ILt no addlti:onal4;harge Itobs,ora►i� }�t
gn �t t
' QalAt�r:• ahQK e
M8ased upoB:a» �stmted.eterscendanc+ 9 r
oAtte City' i'teMenlet0 t,
s por game • 4D phown on the ettached tabie�
+�q gslsr ped+ t 111 .>r �V
is'y
r�+
_ '30100. s r". 04� #4tF h* City►.Li"
01
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DAVID SENIOR SPORTS d/b/a GOLD COAST SUNS
SENIOR PROFESSIONAL BASEBALL
ESTIMATED REVENUE AND EXPENSES
Rent $250/game for daylight games an $350/game for nightitme k
games. City pays for stadium attendant, groundskeeper, cleaning }
and bathroom attendants.
AVERAGE ATTENDANCE 250 500 750 1000 1500 2000 —
REVENUE _
Surcharge 125 250 375 500 750 1000
($0.50/person)
Concessions 125 250 375 Soo 750 1000
(60/40 split)
(42%-$1.25)
Rent (60% night 310 310 310 310 310 310t'-
40,$ day) �f
Parking ($2/car) 167 333 500 666 1000
_......�
(3 persons/car)
Avg. Grose Revenue 727 1143 1560 1916 2810 6434fY
EXPROSES
Personnel* 200 200 240 240 240 2"-
Cleaning 99 99 200f 200 200
Utilities/supplies 100 100 100.. 100 100 li,
Miscellaneous 50 50 50` 75.75
Average Expenses 449 W, ,M1 ' b
Oki tiAME' 278 694 970 1361 2195 k'r-
i
#yF »tF.M
At�t-
1'
TOTAIr SM, RBVXffU'First S
E ,.
at Mini
lsuw-�s games 2224 ' 5552 7760 - 10.880 X,Tg ; . -
t p , p
� Atachadulad' :1 g aIts 3tJ58� 7634 ].l670 1497 , 2 A*,° �
A,t 18 .ga ses/4eaeon ' SQ04' 12492 17460 z 24+49$ x�139$10
;.A� 3Q' t��let� ssas F340 $. 2o�2R
Qn
m0es/aomsan IOQDA 24*4 3493Q -
t
J5y 4
fit, 114N: aAOte ,� s�
_ .... • a ll±nn�lAni+�a `fiAA: ..'Z 'riaf�rnw.r�' �4w iiAiw .�.r� �►. �st.s_,;' i� � : ti as p —