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HomeMy WebLinkAboutR-88-08374 J-88-863 9/14/88 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND FLORIDA AGRICULTURAL AND MECHANICAL UNIVERSITY (FLORIDA A 6 M) FOR THE USE OF THE ORANGE BOWL STADIUM FOR THE ORANGE BLOSSOM CLASSIC FOOTBALL. GAME ON OCTOBER 8, 1988. WHEREAS, the Department of Parks, Recreation and Public Facilities has negotiated a use agreement with Florida A 6 M for the Orange Blossom Classic football game at the Orange Bowl Stadium; and WHEREAS, the Orange Blossom Classic is a popular community event which is supported by the State of Florida and the City of Miami; and WHEREAS, the negotiated terms are sufficient to cover City costs for the staging of this event and will provide some revenue to support continued operations of the Orange Bowl Stadium; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to execute an agreement, in substantially the attache(l form, between the City of Miami and Florida A & M for presenting the Orange Blossom Classic football game at the Orange Bowl Stadium on October 8, 1988. PASSED AND ADOPTED this 27th day of AT MA HIRAI, CITY CLERK PREP AND APPROVED BY: /—., &a --� AOBERT F. CLERK CHIEF DEPUTY CITY ATTORNEY tember . 1988. / r --**0 . ! {% Jd . MAYOR APPROVED AS TO FORM AND CORRECTNRSS: `'T T'-q� JORGEL. SRN CIii ATTORNEY CITY COMMISSION MEETING OF SEP 27 1988 is W.8 s: r = i AGREEMENT FOR tisr of ORANGE, POWI, STAnIUM THIS AGREEMENT, marip and entered into this day of 1988 by and between the CITY OF MIAMI, a municipal corporation of the State of Florida (hereinafter referred to as CITY); and the FLORIDA AGRICULTURAL, AND MECIIANICAL UNIVERSITY, organized and existing under the laws of the State of Florida (hereinafter referrers to as UNIVERSITY). R E C I T A 1, : WHEREAS, the Orange Blossom Classic football game draws thousands of both participants and spectators to the City of Miami and therefore has significant impact on the economy of the CITY; and WHEREAS, the CITY owns and operates the Miami Orange Bowl Memorial Stadium, commonly known as the Orange Bowl Stadium, which is a desirable location for the presentation of the Orange Blossom Classics and WHEREAS, the UNIVERSITY has for many years staged its annual Orange Blossom Classic football game at the Orange Bowl Stadium and desires to continue having the use of the Stadium for the staging of its annual Orange Blossom Classic; and NOW THEREFORE, in consideration of the premises and the further consideration hereinafter set forth, it is agreed as follows: CITY HEREBY AGREES: 1. The CITY will allow the UNIVERSITY the use of the Orange Bowl Stadium on October 8, 1988, for the purpose of playing its annual Orange Blossom Classic football game at the orange Bowl Stadium. 2. That, in the event that the Orange Blossom Classic football game is designated for telecast from the Orange Bowl Stadium, the CITY agrees to abide by N.C.A.A. And Federal Regulations respecting the conduct of televised N.C.A.A. games. 3. That the flat use fee payable hereunder shall. be the sole consideration rayahle by the UNIVERSITY for its use of the Stadium under thin Agteement, with f hP excerl ion of expenses for personnel covered under Section 11 of this Agreement. 4. That it shAl1 furnish, at its Pxpense, all water and electrical power necessary for the use and operation of the Orange Bowl Stadium by the UNIVERSITY pursuant to the terms of this Agreement. 5. That the participants will be permitted reasonable use of the Orange Bowl Stadium for practice sessions prior to the annual Orange Blossom Classic game so Long as such practice sessions do not interfere with the use of the Stadium by the University of Miami hurricanes. Actual expenses reasonably incurred by the CITY for personnel necessary to afford the UNIVERSITY use of the Stadium on other than the day on which the Orange Bowl Classic game occurs, should the UNIVERSITY require use of the Stadium for a pre -game practice, shall be paid by the UNIVERSITY to the CITY. 6. That, in the event that through any cause, the opposing team for the Orange Blossom Classic game shall fail to appear, or be prevented from appearing, then the UNIVERSITY shall have the option of cancelling the orange Blossom Classic without use fee penalty being assessed by the CITY. Notwithstanding the above, the UNIVERSITY shall be responsible for any actual expense incurred by the CITY in preparation for the orange Blossom Classic game which is cancelled. UNIVERSITY HEREBY AGREE.Ss 7. That it will pay the CITY for the use of said Stadium for said game a flat use fee of Seventeen Thousand Dollars ($17,000.00). The said amount shall be payable on the execution and delivery of this agreement. Said use fee shall cover CITY expenses incurred in preparation, production or as a result of said game and shall includes (list as applicable) Police, other security, field preparation, lights, water, stadium personnel, -2- Y restroom attendants and supplies, post event cleAn-up, rescue personnel, nurse, Ptc. P. [used upon an actual admission price, excluding taxes, of sn .00 per person, as established by User, User shall levy and collect on behalf of the City, a ticket surcharge in the amount of Seventy -Five Cents ($.75) per paid admission. F,ach 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. 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 the City upon demand, and/or as soon as possible after the conclusion of the event, in accordance with City Code provisions and the terms of this Agreement. 9. That the Director of Parks, Recreation and Public Facilities, at its 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, ticket surcharge, additional services, accommodations, materials furnished, cost of any repair, rehabilitation, damage correction replacement or restoration of the premises borne by CITY as a consequence of presentation of the event. The Director of Parks, Recreation and Public Facilities shall at his option be entitled to collect such sums of money owed. "On premises gate receipts" shall be defined as all sues of money collected by the USER or his agent at the stadium or at all remote ticket outlets in connection with a particular event. IT IS HEREBY MUTUALLY AGREED: 10. That the UNIVERSITY shall keep available in its office - 3 - 1 04 or such other place, approved by the Director of Parks, Recreation And P11hlic Facilities, true, AccurAtP and complete records And accounts nf all ticket oAles trAnsActpri in connection with the UNIVERSITY'S annual Orange Blossom Classic game, and shall give access to the authorized representatives of the CITY during reasonable business hours, to examine and audit such records and accounts. 11. That the UNIVERSITY shall furnish, at its sole expense, the following personnel ns required to AtAge, its gamer Ticket Takers, Ticket Sellers, Ushers The UNIVERSITY shall provide all of the aforementioned personnel in sufficient numbers as necessary during the staging of the gamete authorized by this Agreement, and whose function will be to handle ticket sales, admission control, seating and normal crowd control. The UNIVERSITY shall be granted exclusive use of ticket office space, as assigned by the Director of Parks, Recreation and Public Facilities, for administration of sales and personnel from 9:00 a.m. to 11:00 p.m. on the day of the event. 12. That no liability shall be incurred by either of the parties hereto should the Orange Bowl Stadium, during the term of this Agreement, be condemned, become unfit for the Orange Blossom Classic game to be played or staged therein because of any Act of God or public enemy, or is closed to the public by the CITY or through government action. 13. That, in the event the Orange Bowl Stadium is condemned or is too damaged due to fire, windstorm, or other catastrophe, and the CITY decides not to repair or rebuild, either party may cancel, terminate, and declare this Agreement null and void, without penalty to either party. 14, That the CITY will control all concession rights at all events staged within the Orange Bawl Stadium and its grounds. I I UNIVERSITY shall have the exclusive right to sell foot. ball programs at the Stadium and on stadium grounds on the day of the game. 15. That the Concessionaire's employees, necessary to perform the Concessionaire's obligation under its contract with the CITY, shall be admitted free of charge during the staging of this game. 16. That authorized CITY employees shall have the right of ingress and egress to the Orange Howl Stadium at any time, except that during the UNIVERSITY game held pursuant hereto, only those employees who are actually performing services at that time and who have assignment identification shall be admitted to the Orange Bowl Stadium without payment of regular admission charges. A list of such working personnel shall. be supplied to the UNIVERSITY two hours before game. Public officials of CITY who do not actually perform services shall not be admitted without admission tickets during said gme. A list of such working personnel shall be supplied to the UNIVERSITY two hours before game. 17. That the UNIVERSITY agrees to assume all risk of loss, injury or damage of any kind or nature whatsoever to any personal property or equipment of the UNIVERSITY or the visiting team in a manner consistent with Florida Statutes Section 768.28 (1986 Supp.). 18. The UNIVERSITY shall secure and maintain in force comprehensive general liability insurance coverage or an equivalent coverage form with at least a combined single limit for bodily injury and property damage liability of one million dollars per occurrence. The policy or policies of insurance shall name the City of Miami as an additional insured and the form of such coverage and companies affording same shall be aceptable to the CITY. The UNIVERSITY shall provide proof of compliance with this provision by submitting a certificate of insurance to the City of Miami, General Services Administration, -5- Insurance Manager, 1390 N.W. 20 Street, Miami, Florida, phone (305) 579-6740, nest later than 30 days prior to the event. 19. The (1NIVERSITY agrees to accsrt liability pursuant to claims arisinq from this contract in a manner consistent with Florida Statutes Section 768-2R (1906 5urr.)• 20. That the UNIVERSITY shall make no additions, partitions, improvements or alterations of a permanent nature to the physical structure of the orange Bowl Stadium or any part thereof without first having obtained the written consent of the Director of Parke, Recreation and Public Facilities. All requests shall be in writing and shall include plans and specifications pertaining thereto. All alterations, improvements, additions or partitions made or installed by the UNIVERSITY shall become either the property of the CITY or the space will be returned to its original state upon agreement of the parties upon the expiration of this Agreement. All such approved alterations, improvements, additions or partitions as set forth herein shall be made at the UNIVERSITY's sole cost and expense. 21. That the UNIVERSITY agrees that the stadium area within the fourth level V.I.P. Press Box Addition structure designated by the CITY as "CITY V.I.P. Area" shall henceforth be specifically excluded from use by the UNIVERSITY, and shall be reserved for exclusive use by CITY officials and their guests for viewing of the UNIVERSITY's football game. The UNIVERSITY shall provide game tickets for the said V.I.P. Area in a maximum number of two hundred (200) for the game, to be purchased by the users of the boxes from the UNIVERSITY. The Price to be paid to the UNIVERSITY for such tickets shall be the same price which the UNIVERSITY shall charge for its 50-yard line chairback or box seats at the time of purchase. 22. That it is understood and agreed between the parties hereto that written notice by registered or certified wail or hand delivered to: ATHLETIC DIRECTOR FLORIDA A&M UNIVERSITY 3500 Pan American Drive Tallahassee, Florida 33133 it I shall constitute sufficient notice to the UNIVERSITY, and written notice mailed by registered or certified mail or hand delivered tot CITY MANAGER City of Miami City Hall 3500 Pan American Drive Miami, Florida 33133 shall constitute sufficient notice to the CITY to comply with the terns of this Agreement, except as either shall notify the other party of a change of address by registered or certified mail. 23. That any captions contained in this Agreement are inserted only as a matter of convenience and for reference and in no way define, limit or prescribe the scope of this Agreement or the intent of any provision thereof. 24. All terms and conditions of this written Agreement shall be binding upon the CITY and the UNIVERSITY, their heirs, successors and assigns, 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 mutually signed by the duly authorized agent or agents executing this Agreement. 25. This Agreement is a license agreement and no leasehold interest is intended or conferred upon UNIVERSITY. 26. In the event suit is instituted by either party to collect any money due under this Agreement, the prevailing party shall be awarded court costs and attorney's fees in said action. 27. The UNIVERSITY agrees that there shall be no discrimination as to race, sex, color, handicap, creed or national origin in connection with any operation under this agreement. 28. This instrument and its attachments constitute the sole and only Agreement of the parties hereto relating to said Agreement, and correctly set forth the rights, duties and obligations of each other as of its date. Any prior agreements, promises, negotiations, or representations not expressly not forth in this Agreement are of no force or effect. Y Y � ♦ ♦ ♦y_ IN NITNESS wHEREor, the parties hereto have caused this instrument to be executed by their officials thereunto duly authorised this day and year first above written. Attests BY y er BY Athletic Director APPROVED AS TO INSURANCE REQUIREMENTSs insurance Ranager CITY OE MIAMI. a municipal corporation of the Ststs of Florida BY esar R. 5alo, City Manager FLORIDA AGRICULTURAL AND MECHANICAL UNIVERSITY BY yes ent Seal APPROVED AS TO FORM AND CORRECTNESS: APPROVED AS TO DEPARTMENTAL REQUIREMENTSI a.VXMR E. NUT, DIRECTOR DEPARTMENT OF PARKS, RECREATION AND PUBLIC FACILITIES Tlty httoiney Aqk 1b CORPORATIR RESOLUTION WHEREAS, FLORIDA AGRICULTURAL AND MECIIANICAI, UNIVERSITY, desires to enter into an agreement with the City of Miami for use of the ORANGE BOWL STADIUM, and WHEREAS, the Board of Directors of the FLORIDA AGRICULTURAL AND MECHANICAL UNIVERSITY, has examined terms, conditions obligations of the proposed contract with the City of Miami for use of the ORANGE BOWL STADIUMr 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 the FLORIDA AGRICULTURAL AND MECHANICAL UNIVERSITY, that the President( ) or Vice-president( ) or Secretary( ) (please check one), are 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 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 terms and payments contained in the proposed contract submitted by -the City of Miami of Miami. IN WITNESS WHEREOF, this day of 1987. Attest: Corporate Secretary gna ure Print or Type Name CHAIRMAN, Board of Directors By (Signature) EXHIBIT 1 Print or Type Name (SEAL) - 9 - CITY OF MIAMI. PLOPIDA INTER -OFFICE MEMORANDUM To Honorable Mayor and Members of the Commission Cesar H. Odio room City Manager RECOMMENDATION: o^TE S E P 2 0 19a "LE Resolution Approving Orange :u.�Ec. Blossom Classic Agreement REFERENCES ENCIOSVRF% It is respectfully recommended that the City Commission adopt the attached resolution authorizing the City Manager to execute a stadium use agreement with Florida Agricultural and Mechanical University (Florida A i M), for the Orange Blossom Classic football game to be held October 8, 1988, at the Orange Bowl Stadium. BACKGROUND: The Department of Parks, Recreation and Public Facilities has negotiated the attached agreement with Florida A & M for the Orange Blossom Classic football game on October 8, 1988. The terms of the agreement are essentially the same as they have been for the last several years. In lieu of the rate prescribed by the City Code ( use fee of $10, 000 vs. 10% of gross receipts, plus expenses), the University will be charged a flat use fee of $17,000 including expenses. This fee is essentially equal to the costs the City incurs for the game, estimated as follows: Police $ 4,5001 Fire 1, 000 Stadium/Event Payroll 2,0001 Field preparation 2,000 Lighting 3,500 Clean Up 2,500 Solid Waste/disposal 11500 $17, OR The University's ticket sales will also be subject to a ti.cket surcharge of $0.75 in accordance with Ordinance No. 19439, adopted May 19, 1988. Given the nature of this popular community event and the support it receives from the state and the City of Miami, the administration recommends the establishment of the special terms and conditions and the execution of the use agreement.