HomeMy WebLinkAboutR-89-0230A RESOLUTION, WITH ATTACHMENT, ESTABLISHING
SPECIAL CHARGES FOR THE USE OF THE BOBBY
MADURO MIAMI BASEBALL STADIUM BY THE LITTLE
HAITI SOCCER LEAGUE FOR THE SAID
ORGANIZATION'S PRESENTATION OF APPROXIMATELY
FORTY (40) AMATEUR SOCCER GAMES DURING THE
PERIOD APRIL 1 THROUGH DECEMBER 31, 1989;
FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE A USE AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND
SAID ORGANIZATION, SAID AGREEMENT TO ALSO
INCLUDE AUDIT RIGHTS FOR THE CITY.
WHEREAS, the Department of Parks, Recreation and Public
Facilities is reponsible 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 Little Haiti Soccer League wishes to conduct
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approximately forty (40) amateur soccer games at said facility;
and
WHEREAS, Director of the Department of Parks, Recreation and
Public Facilities has determined that a special "flat" use charge
of $250 per 'day for said soccer games will not adversely affect
the revenue operation at said facility; and
WHEREAS, said League has agreed to cover stadium operational
expenses ,for said games and will assess a surcharge of fifty
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cents ($0.50) per paid admission for all games in accordance with
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Ordinance No. 10439, as amended; and
WHEREAS, the additional'terms and conditions of the proposed
use agreement will generate adequate revenue to the City of Miami
from concessions; and
WHEREAS, Section 53-151 (C)(7) of the Code of the City of
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Miami, Florida, as, amended, provides that the City Commission has
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the right to establish and fix special charges or special terms.
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and conditions for the use of said stadium;
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NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
OF MIAMI, FLORIDA:
CITY Co AUSSION,
METING QF
MAR.. 198�
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Baseball Stadium by the Little Haiti Soccer
League are hereby
established for said organization's presentation of approximately
forty (40) amateur soccer games during the
period of April 1_
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through December 31, 1989.
Section 2. The City Manager is hereby authorized to execute
a use agreement, in substantially the form attached, between the
City of Miami and the Little Haiti Soccer League, said agreement
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to include audit rights for the City.
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Section 3. This Resolution shall
become effective
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immediately upon its adoption pursuant to law.
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PASSED AND ADOPTED this 3rd day of March , 19890
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XAVIER
L. UARE:
MA
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MATTY HIRAI, CITY CLERK
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PREPARED AND APPROVED BY:
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ROBERT F. CLERK
CHIEF DEPUTY CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
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JOR E L.0 FERN DEZ
CIT >ATTORNEY
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CITY OF MIAMI, FLORIDA `=
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THIS AGREEMENT made and entered into this _ _ day;of y
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1988, by and between the City of Miammi# a
municipal corporation of the State of Florida, hereinafter
referred to as the "CITY" and LITTLE HAITI SOCCER LEAGUEj a
division of U.S. Senior Soccer Division, a Florida for, profit
corporation, with its office located at 2975 N.W. 15TH Avenue, r'
Miami, Florida, 33142, telephone (305) 542--3725, hereinafter
referred to as the "USER".
R E C I T A L
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In consideration of the covenants and agreements hereinafter
set forth, CITY does hereby grant unto USER the privilege.. of
entry upon or into the Municipal facility of the City of Miami
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known as the Bobby Maduro Miami Baseball Stadium, the'. said
facility to be entered upon or into for the purpose of presenting
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soccer games', on every available Sunday, within the period.•
commencing`on April 16th, 1989 and terminating on, �December131, S'-
1989. Time of use on scheduled Sundays during said period shall. A
begin at 4 s 00 p.m and ` end -at 11 s 30 p. m. , subject to the full;; ° a
conclusion of any eventscheduled prior to 4:00 p.m. The User
acknowledges that if the City,of Miami schedules any special.'
events such as concerts, religious events, boxing, wrestling; and.;
baseball events, the User shall relinquish his right tQ.use;.the
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facility on the conflicting date. City will.give USER at. least
72 hours notice of said special event. (Set up and dismantle
�. time is normally free of charge unless unusually long . period of',*,
time are required).
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USER -shall mean .licensee.
THE USER HEREBY COVENANTS 'AND AG�2EES t
euse Topay the CITY for $ r,wei�>
facility as follows sE'
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Two hundred and •Fifty Dollare ($250.00) pg.ir
use fee, plus 6% State Florida Use Tax faxea i`der'
use. x� "
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2. To pay the CITY on the execution and delivery of this
Agreement the
sum of Two Hundred and Fifty Dollars
($250.00) for the minimum use fee
and 6% State of
Florida Use Tax as specified in Paragraph 1.
3• a. At CITY's request, USER shall provide CITY with a
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— letter from an independent Certified Public
Accountant (C.p.A.) which establishes that USER's
internal
controls are adequate to safeguard its
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assets and properly reconcile- accounting
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transactions.
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b. CITY reserves the right to audit the records of
USER at any time
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duringthe performance of this
Agreement and for a period of three years after the
final payment is made under this Agreement.
Co If so requested by CITY, USER shall submit. IF
the department of Park R
onublic
Facilities an independent audit, by, aan 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.
d• At CITY's request, USER shall furnish a co
copy of its
most recent Federal Income Tax return.
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4. Based upon an actual admission price, excluding taxes,
of $5.00
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per person, (per da y) as ..established by .,USER,
USER shall levy and collect behalf
on of the CITY, a s
ticket surcharge in the amount of fifty cents ($0.50
per paid admission. Each printed..ticket shall be
itemized to show the admission price, applicable taxes,
any service
charge from outside ticket agencies, and the f
CITY's
ticket surcharge. USER shall. record collection }
of. the
surcharge and shall list such revenue as a --
separate item in the statement of accounts for
the
event. Ticket surcharge_ revenue shall, be -paid to,_t e
CITY upon demand, and/or as soon as x
conclusion of _possible after the
the. event,, in accordancewith. City Code " Nk
provisions and the terms of this " {
Agreement.
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5. To pay the CITY, on demand, such sums or sums as may, be
due to
said CITY for additional services' accommodations: fx.
or material furnished to
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said USER.
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6. That USER shall pay to CITY the cost of any repair, 4:
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rehabilitation, damage correction, replacement or '
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restoration of the premises, or to defray any, other
unusual but reasonable expense borne by CITY as'`'a
consequence
of presentation of the event.
70 That all advanced- sums, or advanced payments for, �
services shall be; forfeited
if, through the. fault ;of
USER, the event is not held on 'the 'dates andtimes '7=
contracted . 3
8, CITY reserves the right to enter up on the
premise s
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time during the. period of us e as it deems necessary. p
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'CITY reserves the r. fight ` to removefrom' rhe" ' '4w r
'`effects sea
USER .,pre
remaining in or on the4 4'
thegrounfacilitd 'offr
enof the contract• ,period, at ,the,,wa3
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expense of USER; or to charge storage at the rate of
$1,000.00 per day, for each day or part of a day that
said effects remain in or on the grounds of the`facility
after the end of the contract term.
10. To 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 Section ��-
_ 19-516 of the Code of the CITY of Miami, relative to
fire safety.
11. That any matters not herein expressly provided for shall
be in the discretion of the CITY Manager or his
designated representative.
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12. That USER has read the "Rules and Regulations for Use of
CITY of Miami Municipal Facilities" which are attached
to the "Application for Use of CITY of Miami. Municipal
Facilities", that he or she fully understands said Rules
and Regulations, and that by the execution of this .'—
Agreement he certifies that he will abide by each and
every rule and regulation set out therein without the
need to have said Rules and Regulations repeated in this .'
Agreement.
_ 13. USER shall indemnify, defend and save harmless forever
CITY, all the CITY'S officers, agents and employees
including all police officers and staffing as
specified in Paragraph 17 of this Agreement, from all. r-
charges or claims resulting in any personal injury, loss. , of life, or damage to property, from any act, omission
or neglect, by himself or his employees; USER shall
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further indemnify CITY as to all costs,,attorney's fees,,
expenses and liabilities incurred in the defense of any such claims and the investigation thereof. X'r
i 14. USER agrees that there shall beano discrimination as to
race, sex, color, creed, national origin or handicap in
connection with any operations under this Agreement. ifp
15. CITY shall'not be liable for any loss, injury or damage
to any personal property or equipment of.the USER,; or k;
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— anyone whomsoever, during any times the premises are -
—� under the control of an occupies 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 5�
USER to provide security whenever ' p y personal prope�:,ty
either owned or used by the USER or his licensees, -is
t+ placed on the premises during the termofthis Agreement ,7
including setup and dismantle times and, in particular,
j during those hours the premises are not open to the
general public. - {}
a THE CITY HEREBY COVENANTS AND AGREES:
16. To furnish at CITY'S expense, except as may herein.<be
otherwise provided, water for reasonable purposes,
room.supplies and nothing_ else.
��. THE PARTIES HEREBY MUTUALLY COVENANT AND AGREEt
17. That the following additional provisions
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i adhered to s
a. Necessary license to be secured by USER from .the
CITY'S Tax and License Divisign,` 3006: A�►at;on 4#sy�:�;.
Avenue, Miami, Florida.
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b.
Certificate of Use and Building Permit to be secured
by USER through CITY of Miami Fire, Rescue and
Inapection Services Department, 275 N.W. 2nd Street,
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Miami# Florida.
c.
USER is required to have insurance coverage for the
contract period including set up and dismantle
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times. Coverage is to be cleared by USER through
the office of the CITY of Miami Law Department,
Insurance Manager, 1 S.E. 3rd Avenue, telephone
(305) 579-6700. The policy must be endorsed to name
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the CITY as additional insured, and CITY is to be
provided with certificate of same. No qualification
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of the additional insured provision is permitted.=
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The company must be acceptable to CITY..
d.
All parking revenues belong to the CITY.
e.
USER agrees to pay for necessary personnel such as
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event supervisor, office attendant, electricians,
custodians, groundsmen, etc.
f.
The Director of Parks, Recreation and Public
Facilities, after full discussion of the type of
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event with the USER, will contact the CITY of Miami
Police Department for sufficient security prior to,
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during and after each event day. Police to be paid
directly by USER.
g. USER agrees to pay for a groundsman assigned to..duty
after regular working hours if staging must be
erected at such time.
h. USER agrees to pay the cleaning contractorfor
cleaning up of facility after each event has ended.
i. USER agrees to include in all advertising for event -
in the facility that bottles and cans cannon be
brought into the facility.
Ticket manifest is to be presented to the Director.
of Parks, Recreation and Public Facilities at time
of the signing of this Agreement, or no later than
the start of the event
k. The USER shall furnish to the Director of Parks,
Recreation and Public Facilities one hundred and
twenty five (125) complimentarytickets for,
promotional purposes for other stadium events. The
CITY shall permit the USER the use up to 1% of the
total tickets printed for complimentary purpose.
All complimentary tickets printed shall have a value
equal to the ticket price offered to the public and'
shall be included in the calculation to determine !
gross ticket sales as described in Paragraph, 1'of
this Agreement.
1. Ticket sellers, takers and ushers are responsibilit!
of USER. ya
m. USER: agrees to tear down <immediately after.the last �h
1 event has ended.ru
l n. USER agrees to restrict all vehicles from grasai any. -
exception must be granted by the Grounds and', Turf
Manager.
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o. A maximum attendance of 9,000 will be permitted
this event.
p. Gates are to be opened at least one and one-half
hours prior to show time. All tickets and
advertising shall indicate gate opening time.
CITY reserves right to open gates or adjust date
opening time as it deems appropriate based on crowd
control and conditions.
q. USER agrees that he has no concession rights during
the duration of this Agreement.
r. USER shall provide, at his expense, all game
officials, gamefield personnel, ice, towels, soap,
soft drinks, etc., for sideline, lockeroom and
officials room use.
18. The Director of Parks, Recreation and Public Facilities,
at his sole option and discretion, shall be entitled to }
demand payment for the CITY for the above items at the
time of the closing of the ticket gates for the event. -
Such monies that are on hand or held at all remote
ticket outlets shall be described as "on premises gate
receipts" and shall be available for payment to the CITY
of Miami to satisfy such sums owed CITY for
rental, additional services, accommodations, materials
furnished, cost of any repair, rehabilitation, damage .;
correction replacement or restoration of the premises
borneby CITY as a consequence of presentation of the j
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event. The Director of Parks, Recreation and Public
Facilities shall at his option be entitled to collect
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such. sums of money owed.
19. All terms and conditions of this written Agreement shall u
be binding upon the parties, their heirs and assigns,
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and cannot be varied or waived by any oral
representation_or promise of any agent or other person
of the parties here, unless the same be in writing and a
mutually signed by the duly authorized agent or agents3'
executing this Agreement.
20. That the. parties intend that his document- shall be a -
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License `Agreement and that no leasehold interest is.. z5
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confer.red upon USER.
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21. If it becomes necessary for CITY to collect any monies
due it by USER, USER agrees to pay any and all
reasonable attorney's fees and costs expended in the
collection thereof.
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22. This instrument and its attachments constitute the sole'
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and only Agreement of the parties hereto relating to
said agreement, and correctly set forth the rights, �a
duties and obligations of each other as of its. date.'
Any prior agreements, promises, negotiations, ,- or
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representations not expressly set forth io this
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Agreement are of no force or. effect. r,
23. No amendments to this Agreement shall be binding: on ,> y s,'
either art unless in writing and signed b both
party 9Y
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IT WITNESS WHEREOF, the parries hereto have individually and
through their proper corporate officials executed this Agreek6nt
the day and year first written.
Attests THE CITY'.OF MIAMI, FLORIDA
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C ty Mirk Cesar H. Odio
City Manager
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USERS Little Haiti Soccer
League, a division of U.S.
Senior Soccer Division,
a Florida for Profit
Attests Corporation
BY
Corporate Secretary
Title
APPROVED AS TO INSURANCE: APPROVED AS TO-FORM`ANO
CORRECTNESSi
Insurance Manager City Attorney .
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APPROVED AS PER.DEPARTMENTAL
REQUIREMENTS:'
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Paxke,.: Recreatiom a E"
-I Public Facilities �
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CORPORATE RESOLUTION
WHEREAS, the Beard of Directors of
LITTLE HAITI SOCCER
LEAGUE, A DIVISION OF U.S. SENIOR SOCCER
DIVISION, desires to
enter into an agreement with the City of
Miami for use of the
BOBBY MADURO MIAMI BASEBALL STADIUM; and
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WHEREAS, the Board of Directors of
LITTLE HAITI SOCCER
LEAGUE, A DIVISION OF U.S. SENIOR SOCCER
DIVISION has examined
terms, conditions and obligations of the proposed Agreement with°
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CITY OF MIAMI, FLORIDA
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INTEROFFICE MEMORANDUM
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Honorable Mayor and Members TO: of ,the City Commission DATE : FEB Z ! 1 198�j �7 FILE
Resolution to Set
SUBJECT : Use Fee for Little Haiti -
Soccer League
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FROM : Cesar � REFERENCES:
City Manage
ENCLOSURES:
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Recounandation:
It,is,respectfully recommended that the City Commission adopt the..':
attached_ proposed resolution authorizing the, application.of a :.
:Special : Use Fee, at the Bobby. Maduro Miami Baseball : Stadium..,for
the ,litil'e :Haiti Soccer League which, -,will conduct."approx mately
forty (40)" aiaateur soccer games for: the period of%:April l through r`t
December 31, 1989. The resolution"would also permit the City:,
Manager to execute a use agreement with this organization.
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Back round: Yin
The Department "of Parks, Recreation and Public Facilities has y
prepared. the attached legislation. The Little,' Haiti Soccer,
League wishes to use the Bobby Maduro.Miami Baseball Stadium £or
approximately forty (40) amateur soccer games. These games are
important replacements forthosesporting events formerly:heid,by
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the Miami Marlins, which moved to a facility -in Hialeah."1-ge
Like the Federacion Deportiva Nicaraguenee,, which holdsamateur
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baseball games at the stadium, the Little'Haiti Soccer League`has '
requested special consideration concerning .the stadium use
They have offered to pay a flat use fee, of $250-per game ,::plus
$0.50 ticket surcharge and all City expenses including ;lights'.
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stadium personnel, police and clean-up.. A .breakdown o the+a+'
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expenses, and potential City revenue, is given bed aw."
Ex ensee*Paid to. Cit im Lemy " (per game)
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Lights .(average) " 300
P
Stadiun''. Staff
Clean UP 100
Per Game Total 5l "
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and" Fire expenses 1 not available this(°t,r,
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Honorable Mayor and
Members
of the City Commission
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Use Fee for Little Haiti
Soccer League
page 2
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City Revenue
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Rent ( flat). .
$250.
Surcharge ($0.50 X
480 average
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attendance)
240
Concessions Ol.17
aves per- Cap
a 480 x 42%)
236
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72 x 40 games 029040 ,
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the above,
particularly potential=everiues, we rtscommend
Based .on
adoption of the: attached_ legislation. to allow such use, by the
Little Haiti Soccer League.' '
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