HomeMy WebLinkAboutR-87-0290J-87-303
3-23-87
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RESOLUTION NO. 87 —290 .
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY, BETWEEN THE CITY OF
MIAMI AND FLORIDA BASEBALL COMPANY, INC.,
FOR THE USE OF THE BOBBY MADURO MIAMI
BASEBALL STADIUM TO PLAY MIAMI MARLINS
BASEBALL GAMES DURING THE 1987 AND 1988
BASEBALL SEASONS WITH AN OPTION FOR THREE
ADDITIONAL ONE-YEAR RENEWAL PERIODS.
WHEREAS, the Department of Parks, Recreation and Public
Facilities has been negotiating with Florida Baseball Company,
Inc., operators of the Miami Marlins baseball team of the Florida
State League, for playing its games at the Bobby Maduro Miami
Baseball Stadium; and
WHEREAS, an agreement has been negotiated with Florida
Baseball Company, Inc., for the 1987 and 1988 baseball seasons
which agreement is recommended by the City Manager;
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 a form acceptable to the City Attorney, between
the City of Miami and Florida Baseball Company, Inc., for the use
of the Bobby Maduro Miami Baseball Stadium to play Miami Marlins
baseball games during the 1987 and 1988 baseball seasons with an
option for three additional one-year renewal periods.
PASSED AND ADOPTED this 31st day of
AT TES
Matty Hirai, City Clerk
PREPARED AND APPROVED BY:
i
Ro04kt F.0 pt k
14f DepCity Attorney
, 1987.
•
MAYOR
*The term of the herein authorized
agreement is subject to amendment
if a major league baseball franchise
is awarded involving use of the
Stadium.
APPROVED AS TO FORM AND CORRECTNESS:
II�
rLucia A. Dougherty
City Attorney
lAlTACNMENTS
CONTAINED
cm COMM"
MEETING OF
MAR .hl 1.87
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3-23-87
A G R E E M E N T
THIS AGREEMENT, made and entered into this day of
, 1987, by and between the CITY OF. MIAMI, a
Municipal corporation of the State of Florida, hereinafter
referred to as "CITY", and FLORIDA BASEBALL COMPANY, a Florida
corporation, hereinafter referred to as the "CLUB".
b
R E C I T A L
WHEREAS, the City is the owner of the following described
property, situate, lying 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 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
hereinafter 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 for the
purpose of making said property usable as a sport stadium
including parking facilities located thereon; which Stadium and
facilities appurtenant thereto are more fully hereinafter
described in Paragraph 2; and
WHEREAS, the CLUB operates a baseball team in the Florida
State League known as the Miami Marlins;
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NOW, THEREFORE, in consideration of the premises and the
mutual covenants hereinafter contained to be observed and
performed, the parties do hereby agree as follows:
1. Purpose
(a) The CITY hereby grants to the CLUB the nonexclusive
privilege of using the Bobby Maduro Miami Baseball Stadium for
the purpose of holding regularly scheduled baseball games,
exhibition games and practice sessions of the Miami Marlins, or
its, successor named team, all hereinafter referred to as
"baseball events". A schedule of all regular games, exhibition
games and practice sessions shall be submitted by the CLUB to the
Director of Parks? Recreation and Public Facilities for approval
no later than January 15th of each year, and which approval shall
not be unreasonably withheld.
(b) The CITY further hereby grants to the CLUB the
right to use the Bobby Maduro Miami Baseball Stadium for the
purpose of holding regularly scheduled Triple A (AAA) baseball
games, Triple A (AAA) baseball exhibition games and Triple A
(AAA) baseball practice sessions, all hereinafter also to be
referred to as "baseball events".
(c) The CITY further hereby grants to the CLUB the
right to use the Bobby Maduro Miami Baseball Stadium for the
purpose of holding and scheduling all professional and [national
Baseball Congress games and or practices except for major league
spring training games, all hereinafter to be referred to as
"baseball events".
2. Stadium Premises
(a) During "baseball events" scheduled by the CLUB', the
premises which the CLUB shall have the right to use under this
Agreement shall include the entire playing area with all seating
facilities for use of spectators; all lobbies, ramps, rest room
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facilities and other public areas necessary for the operation of
baseball events; ticket booths, press box lounges (with the
exception of the lounge on the East end or the press box
overlooking the playing field); dugout lounges; office space as
depicted in attached floor plan (Exhibit "B" hereto); cluohouse
facilities; and the public address booth; all of the foregoing
collectively to be hereinafter referred to as the "Premises".
(b) During the events scheduled by CITY or by anv
person or organization other than CLUB or CITY, the Premises
which the CLUB shall have the right to use under this Agreement
shall be limited to the CLUB's office space and the clubnouse
facilities which CITY agrees to keep in good condition and rodent
free. The CLUB shall at all times have the exclusive use of all
clubhouse facilities once these are vacated by any major league
spring training user. Provided, however, that CITY may utilize
the 'visitor's and/or umpires cluhouse facilities whenever
necessary for events held by CITY or any third party, and may
also utilize some of the home clubhouse facilities for concerts
and other major events necessitating such use upon not less than
21 days notice to CLUB. After spring training, CITY shall
deliver the clubhouse facilities to CLUB in clean and sanitary
condition, and with all equipment in good operating condition.
(c) The lounge (or box) on the East end of the press
box structure has been specifically excluded from use by the
CLUB, as hereinabove provided in Paragraph 2(a) and such lounge
(or box) shall be reserved for use by the City of Miami as an
"Official City Box" during regularly scheduled baseball games,
post -season games and exhibition games of the CLUB. CLUB agrees
that this Official City Box may be utilized by CITY r.ificials and
their guests for viewing of all CLUB's games and that the CLUB
shall provide game tickets for the said official City Box, in a
maximum amount of twenty (20) per game, to be purchased by CITY
from CLUB upon notice from CITY of its desire to utilize the said
Box. The price to be paid to the CLUB for such tickets shall be
the same price which the CLUB shall charge for other box seats at
the Stadium and payment shall be made to the CLUB at the time of
purchase. Any and all notices of purchase shall be made on
behalf of CITY only by the Director of Parks, Recreation and
Public Facilities or his duly authorized representative. If the
CITY has made no request for ticket purchase for use of this City
Box by twenty-four (24) hours prior to the scheduled starting
time of a baseball event, then the CLUB may utilize the City Box
for seating as desired by the CLUB.
(d) In the event additional premises space is required
for baseball facilities by the CLUB, said space shall be made
available, when feasible, by the City Manager, upon written
request of the CLUB. An adequate storage area must be provided
for novelties and souvenirs to replace the one which previously
was used in concession area. Such area shall not permit access
to any party other than CLUB.
(e) For any event other than baseball, the CLUB may use
an area in the press box designated by the Stadium
Administrator, for the purpose of observing and monitoring the
Stadium concession operation.
3. Term
(a) The CITY hereby grants to CLUB and the CLUB hereby
accepts from'CITY the nonexclusive right to use the Premises
during the 1987 and 1988 "baseball seasons" with the option to
renew for three additional one-year optional renewal "baseball
seasons", as mutually agreed upon by the parties, as the term is
hereinafter defined. The CLUB shall have the right to the use of
the Premises for baseball events a•s hereinabove referred to in
Paragraph l(a), (b) and (c) only on those dates which have been
submitted to the Director of Parks, Recreation and Public
Facilities and approved. CLUB recognizes that this is a
nonexclusive Agreement as to use of the Premises for events and
that CITY may at its sole• option contract for the use of the
Premises for other events. However, CITY may not schedule any
activity which would conflict with previously scheduled baseball
events. CLUB shall use its best efforts to cooperate with the
CITY to avoid conflict in the scheduling of other events at they
Stadium.
The "baseball season" of the CLUB shall be deemed by the
parties to this Agreement to commence with the first scheduled
practice session, exhibition game or regular League game of the
CLUB scheduled to be held at the Stadium after the close of the
exhibition season of the Baltimore Orioles, or on April loth,
whichever shall first occur and shall terminate with the last
regularly scheduled League game play-off or League championsnip
game played at the Stadium by the CLUB, or October 1st,
whichever shall last occur.
(b) In the event the City Commissioners of the City of
Miami authorize the sale or transfer of the Premises, the CITY
shall have the right to terminate this Agreement with respect to
any of the said baseball seasons, provided the CITY shall have
given the CLUB written notice of such termination prior to
January 1st of any succeeding year for the next ensuing baseball
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season during the term hereof. CLUB agrees to vacate the
Premises within thirty (30) days from the date of receipt of sucn
notice.
(c) Nothing contained in Paragraph 3(a) shall ue
construed as vesting in the CLUB the exclusive control and
dominion of the Premises, but merely granting to the CLUB the
right to the unobstructed use thereof during those dates approved
by the Director of Parks, Recreation and Public Facilities on
those dates when events are being held at the Stadium by CLUB.
4. Fees and Charges .for Use of the Baseball Stadium for
Playing Baseball
(a) Subject to the provisions of Paragraph 6 hereof for
the use of the Premises for baseball events, the CLUB shall pay
no stadium use•and utility fees for the 1987 baseball season.
(b) Subject to the provisions of Paragraph 6 hereof for
the use of the Premises for baseball events, the CLUB shall pay
to the CITY Twenty -One Thousand Dollars ($21,000.00) per baseball
season for stadium use and utility fees for the 1988 baseball
season.
(c) Amounts expended by CLUB in connection with tnis
Agreement, including amounts expended by CLUB for ticket sellers,
ticket takers, ushers, security, cleanup, washroom attendants,
liability insurance, or Stadium Club improvements shall be,
during any baseball season while this Agreement is in force,
credited by CITY to CLUB against the negotiated amount of monies
previously due from Florida Baseball Company in the amount of one
Hundred Nine Thousand •Dollars ($109,000.00) as described in
Paragraph 6 hereof. Such expenses shall be .comparable to similar
expenses paid at the Orange Bowl Stadium.
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5. Concession Rights
All concession rights belong to the CITY witn the
exception of those rights granted the CLUB by the CITY as
specified in this Paragraph. CLUB and CITY shall mutually agree
on the pricing and product selection (including brands) of all
food and beverages to be sold in stadium at all baseball events.
CITY hereby undertakes to cooperate with CLUB to maximize the
CLUB's advertising revenue. Nothing contained herein shall be
interpreted to require CITY to violate any federal, state or
local laws.
The CLUB will receive from CITY thirty-five (35%)
percent of gross concession sales of food and beverages at all of
the CLUB's baseball events.
The CLUB will receive one-half of the CITY's concessions
proceeds from food and beverage sales for all other types of
events held at Bobby Maduro Miami Stadium including events
scheduled by CLUB, by CITY or any other party with the exception
of those events scheduled and held by the Baltimore Orioles
Baseball Club. In the case of the Baltimore Orioles Baseball
Club Games and practices, the CLUB will receive zero percent (0%)
of gross concession sales of food and beverages.
CITY will make payment to CLUB of all amounts due pursuatit
to this Paragraph 5 within ten (10) days of receipt by CITY. The
CLUB will retain the rights to sales and revenues of all
souvenirs, novelties and programs sold at the CLUB's events.
CLUB shall have the rights to sell all souvenirs and novelties
for all Baltimore Orioles Baseball Games and practices for the
1987 and 1988 Baltimore Orioles seasons. Club shall pay CITY
twenty-five percent of gross concessions sales of said Baltiomore
Orioles novelties and souvenirs. I.f the CLUB exercises its
option for baseball seasons after 19881 CLUB must negotiate with
the Baltimore -Orioles Baseball Club for Baltimore Oriole novelty
and souvenir rights.
CLUB shall have the right to own and operate a Stadium Club
(including the sale or free distribution of food and beverages)
in what is now called "The Dugout Lounge". Such Stadium Club
shall be operated as a private club by the CLUB for its season
ticket holders, advertisers, and invited guests.
6. Settlement of Accounts
CITY and CLUB hereby agree that the negotiated amount of
monies previously due from the Florida Baseball Company's
operations in the Bobby Maduro Miami Stadium prior to December
31, 1986, is One Hundred Nine Thousand Dollars ($109,000.00).
CITY hereby agrees that such amount shall be payable solely out
of the fees payable pursuant to Paragraph 4(b) and 4(c) hereof or
by credit of amounts otherwise expended by CLUB in connection
with this Agreement, including amounts expended by CLUB for
ticket sellers, ticket takers, ushers, security, (extra) cleanup,
washroom attendants, liability insurance, or' Stadium Club
improvements. Said amounts expended by CLUB shall then (in
addition to credit of such $21,000.00) be credited to CLUB by
CITY against such negotiated amount. All amounts paid by CLUB to
CITY or credited by CITY to CLUB's account pursuant to Paragraph
4 hereof shall be credited against such negotiated amount.
CITY further agrees that in the event it terminates tnis
Agreement effective prior to the 1992 baseball season, or in the
event it fails to exercise any option to renew for either of the
1990 or 1991 seasons, any balance still owing on said negotiated
amount shall be waived and forgiven, and CLUB shall have no
further obligation to pay any of such balance.
7. Special Events Coordinator
Club hereby undertakes to pay up to 1/2 (one-half) of
the annual salary of the CITY's Special Events Coordinator during
each baseball season while this Agreement is in force, to a
maximum amount of Twenty -Five Thousand Dollars ($25,000). The
actual amount payable by CLUB in any baseball season hereunder
(subject always to the maximum) shall be calculated by taking the
fraction 5/26 (five twenty-sixth's) and multiplying by the amount
of the gross concessions proceeds from other events held by CITY
or by third parties actually received by the CLUB from the CITY
pursuant to Paragraph 5 above in the calendar year corresponding
to the relevant baseball season.
8. Scoreboard Advertising
The CITY hereby grants the CLUB the right to sell and
contract for the sale of advertising to be displayed on the
scoreboard system and the outfield walls for baseball events and
Baltimore Orioles baseball events, except the CITY shall have the
right to approve or reject any advertising client form and/or any
advertising copy, signs, terms, rates or displays. Such
approvals shall not be unreasonably withheld. The CLUB shall
make payment for maintenance or other direct costs associated
with the.maintenance and upkeep of the scoreboard, except, such
cost shall not exceed $1,000 in any calendar year.
9. Books, Records and Payment of Fees and Charges
The books and records of the CLUB as to income derived
from all sources, as previously set forth- herein, shad oe
available to the City of Miami Office of Internal Audit at any
reasonable time. Payment of fees and charges due to the CITY
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under the terms contained herein shall be made to the C'ity of
Miami, Department of Finance, Treasury Management Division, Post
Office Box 330708, Miami, Florida 33133-0708.
Payments shall be remitted to the CITY on or before the
20th day of each month covering CLUB events held at the Stadium
during the previous month. Late payments shall be accompanied by
liquidated damages in the amount of 1 1/2% of the amount due (18a
per annum).
10. Other Business Development Within the Stadium
The CLUB shall have the right to develop other sources
of revenue within the Stadium, subject to CITY approval, which
approval shall not be unreasonably withheld.
11. Licenses and Permits
It shall be CLUB's responsibility to obtain all licenses
and permits required by law as a result of the execution of this
Agreement by the parties, and the total cost of acquisition of
these licenses and permits shall be borne by the CLUB.
12. 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 CLUB or
establishing the relationship of landlord and tenant.
13. Nature and Extent of Charges
The fees and charges for the use of the Premises, as
hereinabove provided in Paragraphs 4(a) and 4(b) shall not
constitute rental and shall not be construed as being rental, but
shall be considered only as fees and charges for the right to use
the Premises on the dates so used, as above set forth.
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14. Parking
The CLUB recognizes that the CITY retains the basic
right to provide for all parking and to receive all parking
revenue at the Stadium. The CITY does grant to the CLUB the
parking rights for all of the CLUB's baseball events. The CLUB
shall retain all parking revenue from all of the CLUB's
baseball events . Staffing costs for parking at the above -
mentioned baseball events games shall be borne by CLUB.
15. Maintenance of Stadium, Playing Field and Grounds
(a) The CITY shall employ a sufficient number of
qualified groundskeepers who shall at all times prepare the
baseball field for play, marking it as required and will deliver
possession thereof in playable condition to CLUB at least two (2)
hours before the game time for each scheduled game. Said
groundskeepers shall be on duty to perform all tasks, work and
assignments necessary to insure the proper care and maintenance
of the field until. the beginning of each baseball event scheduled
in the Stadium. The CITY shall employ a minimum of one stadium
attendant to be on duty at least one hour prior to starting time
of a game and remain on duty until 15 minutes after the
conclusion of each game or until all duties of the attendant are
completed, whichever is later. The CITY covenants and agrees
that the standard of maintenance shall be that which has been
maintained in prior years. CITY shall be responsible for expense
of employing groundskeepers and a stadium attendant as required
herein. Any costs to CLUB of employing groundskeepers during or .
after a baseball event shall be promptly reimbursed.
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(b) The CITY will be responsible for the maintenance of
the field and the operation of equipment at all times. The CITY
will not be responsible to furnish any heavy or light equipment
to the CLUB unless such equipment is operated by CITY personnel.
If CLUB utilizes any such equipment which is operated by anyone
other than CITY personnel, CLUB will be held liable for any
damages sustained to the operator, equipment or field.
(c) In addition to the maintenance of the playing field
the CITY shall maintain the Stadium, including but not limited -to
periodic washdown and other general housekeeping requirements,
the grounds and parking areas so that same shall be suitable for
the playing of baseball games and meeting all public needs,
including those for health, safety, comfort and enjoyment of the
spectators.
CLUB shall, however, be responsible for the
maintenance and cleanliness of their office spaces, novelty
storage space and.. clubhouse facilities during the term of their
occupancy of those areas under this Agreement.
16. Staffing at CLUB's events
CLUB shall pay for certain staffing required to stage
its baseball events, including ushers, ticket takers, ticket
sellers, security and restroom attendants. However, CITY agrees
to accept the cost of fire protection. City hereby agrees to use
its best efforts to utilize CITY sources of revenue (e.g. crime -
prevention monies) to supplement and enhance the security
provided by CLUB.
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17. Indemnification
The CLUB shall indemnify and hold the CITY harmless from
any and all claims, liabilities, losses and causes of action
which may arise out of the CLUB's operation of this Agreement,
and shall pay all claims and losses of any nature whatsoever in
connection therewith, and shall pay all costs and judgments which
may issue thereon.
18. Insurance
(a) The CLUB shall obtain and maintain in force for the
duration of this Agreement, comprehensive general
liability insurance coverage or an equivalent
policy form with at least a combined single limit
of $1,000,000 per occurrence for bodily injury and
property damage liability. The following
extensions,of liability coverage shall be included
in the policy or policies: operations, broad form
property damage and personal injury.
All liability policies required shall be endorsed
to name the CITY as an additional primary insured.
The intent of this requirement is that the policy
or policies required will provide primary insurance
protection to the CITY for occurrences arriving out'
the use of the Stadium by the CLUB.
(b) The CITY shall be named as an additional primary
insured under the policies of insurance required
1 under this Agreement.
1 (c) The CITY shall be given at least thirty (30) days
advance written notice of cancellation of said,
a policies or any material modifications thereof.
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(d)
i
Certificates of insurance shall be filed with the
City's Department of Parks, Recreation and Public
Facilities.
(e)
All insurance policies shall be issued by companies
authorized to do business under the laws of the
State of Florida and must be rated at least "A" as
i
to management and Class "V" as to financial
.
strength, all in accordance to A.M. BEST KEY RATING
GUIDE, latest edition.
The CITY reserves the right to lower the insurance
requirements as circumstances dictate in order to
protect the interest of the CITY in the Agreement.
(f)
The CLUB shall furnish certificates of insurance to
the CITY prior to the commencement of operations,
Which certificates shall clearly indicate that the -
CLUB has obtained insurance in the type, amount and
classifications as required for strict compliance
with the covenant.
(g)
CITY shall use its best efforts to include or cover
CLUB under its umbrella coverage or otherwise help
to obtain special coverage of liability insurance
(at CLUB's expense) if same shall result in reduced
costs to CLUB. Anything else in this Paragraph 18
notwithstanding, liability coverage from the
National Association of Professional Baseball
Leagues Pool Program (available for the first time
this 1987 season) in the proper amount shall be
deemed to satisfy the CLUB's obligations hereunder.
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19. Alterations and Additions
(a) CLUB agrees to make no alterations or additions to
the physical structure of the Premises or to any other part of
the Stadium without first obtaining the written approval of the
City Manager. All alterations or additions so approved shall be
accomplished at the sole cost of the CLUB.
(b) CLUB agrees to repair any damage resulting from
CLUB'S exclusive use of any fixtures, appliances, furniture or
appurtenances of the Stadium caused by any act of the CLUB, other
than normal wear and tear, or to pay or cause to. be paid to CITY
any bills incurred for such necessary repairs.
(c) Additions, fixtures or improvements which may be
installed by CLUB, except air conditioners, movable equipment,
office furniture and furnishings, baseball equipment and any
other items in the nature of personalty, 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. CLUB shall supply and maintain
its own office air conditioner.
20. Assignability
In the event that the CLUB shall sell the Miami Marlins,
the CLUB shall have the right, subject to the prior written
approval of the City Manager, to assign and transfer this
• Agreement or any portion of its rights to the use of the
Premises, as herein provided, to such purchaser. CLUB shall
likewise have the right, subject to the prior written approval of
the City Manager, to assign and transfer this Agreement or any
portion of its rights to the use of the Premises.. as herein
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provided, to any parent, subsidiary or related company of the
CLUB. With regard to the rights of assignment as herein granted
in this Paragraph, the written consent of CITY shall not be
unreasonably withheld.
21. Risk of Loss
All personal property placed or moved in the Premises by
the CLUB shall be at the risk of the owner thereof and the CITY
shall not be liable for any damage to said personal property,
unless said damages arise from the negligence or actions of the
CITY or its agents, servants, employees or assigns.
22. Other Charges
The CLUB shall pay other charges incurred by the CLUB,
including telephone bills and other telephone charges, such as
telegrams, long distance calls and any toll or charges which may
become an obligation of the CLUB arising out of telephone
service.
(b) The CLUB shall also be responsible for payment of
any janitorial services it may require for its office or storage
spaces.
(c) The CITY shall, during the term of this Agreement,
pay all water and sewer bills and garbage collection services
used at the Stadium.
23. Use of Stadium by CITY
Except for those dates when CLUB shall be using the
Premises for their baseball events, as heretofore described in
Paragraph
1(a), the
CITY shall have
the right and
privilege of
using and
scheduling
the Premises for
other events,
such as Major
League Baseball Spring Training. The CLUB shall use best
efforts to provide the CITY with available dates, to facilitate
the presentation of concerts or other major events. The CITY
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shall have the exclusive right to schedule any events, major or
minor, when the CLUB is not scheduled to play baseball, the
intent of this paragraph being to reserve to the CITY the right
of utilizing the Premises when not in use by the CLUB.
24. Radio and Television
All radio and television broadcasts of the CLUB's
baseball events shall be under the control and responsibility of
the Z:LUB and any and all income derived therefrom, shall be the
exclusive property of the CLUB.
25. Office Space and Storage Space
In addition to the license granted by CITY to CLUB, as
herein provided, CITY hereby also grants to CLUB a right to
utilize office space and storage space at the Premises. The
spaces so designated on the attached floor plan (Exhibit "B"
hereto) may be* utilized by the CLUB, on a daily basis, for any
day or any number of days as CLUB shall so desire during the term
of this Agreement. There shall be no additional fee. and charge
made by the CITY to the CLUB for any such use of office space and
storage space.
26. Ingress and Egress of CITY
Authorized City employees shall have the right of
ingress and egress at all times to the Premises. Reasonable
rules and regulations shall be prepared and drawn by the CITY's
Director of Parks, Recreation and Public Facilities assuring
adequate security of the Stadium. No exceptions shall be made to
the aforementioned rules and procedures for any City employees
unless and until a written request shall be presented to the CLUB
by the City Manager and/or Director of Parks,? Recreation and
Public Facilities.
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27. Non -Discrimination
The CLUB agrees that there shall be no discrimination as
to race, color, creed, national origin or physical handicap in
connection with the use, maintenance and operation of the
Premises by the CLUB.
28. Employees of the CLUB
The CLUB shall require its employees who come id contact
with' the°public to be neat, clean, courteous and wear suitable
identification by which they may be known and distinguished as
employees of the CLUB. The CLUB and its employees shall not be
agents or employees of the CITY and shall not obtain any rights
or benefits under the Civil Service or Pension Ordinances of the
CITY or any rights generally afforded classified or unclassified
employees; further they shall not be deemed entitled to the
Florida Workers Compensation benefit as employees of the CITY.
29. Integrated Agreement
This Agreement contains the entire understanding between
the parties hereto and supersedes and makes null and void any
previous existing Agreement between the CITY and CLUB 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.
30. Defaults
In the event the CLUB violates any of the provisions of
this Agreement, CITY shall advise CLUB of the said violation and
if CLUB does not correct the said violation within thirty (30)
days, then CITY may terminate this Agreement forthwith and cancel
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any further right to the use of the Premises by CLUB without
further notice to the CLUB or without the invocation of legal
proceedings.
31.. Notice
Any notice required to be given hereunder shall be sent
by registered or certified mail and, if to CITY, shall be
addressed to city Manager of the City of Miami, City Hall, Post
Offibe Box 330708, Miami, Florida 33233-0708, or such other
place as may be designated by the CITY by notice in writing to
CLUB, and if to CLUB, shall be addressed to President, Florida
Baseball Company, or General Manager, Miami Marlins, at the Miami
Stadium, 2301 N.W. 10 Avenue, Miami, Florid-p 33121.
32. Paragraph Headings
Paragraph headings of this Agreement are not a part of
the substance of this Agreement and shall have no effect upon the
construction or interpretation of any term, conditions or part of
this Agreement.
33. Persons Bound
This Agreement shall inure to the benefit of and be
binding upon the parties, hereto, their successors and assigns.
34. Conflict of Interest:
(a) CLUB 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. CLUB 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 CLUB or its employees, must be disclosed in writing
to CITY.
(b) CLUB is aware of the conflict of interest laws of
the City of Miami (City of Miami Code Chapter 21 Article V), Dade
8'7-290
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County, Florida (Dade County Code Section 2-11.1) and the State
of Florida, and agrees that it will fully comply in all respects
with the terms of said laws.
35. Amendments
No amendments to this Agreement shall be binding on
either party unless in writing and signed by both parties.
IN WITNESS WHEREOF, the respective parties have hereunto
caused these presents to be signed, sealed and delivered on the
day and year first above written.
CITY OF'MIAMI, a Municipal
ATTEST: Corporation, Dade County, Florida
Matti Hirai
City Clerk
ATTEST:
Corporate Secretary
APPROVED AS TO INSURANCE:
City Insurance Manager
REVIEWED BY:
Assistant City Attorney
BY
Cesar H. Odio
City Manager
FLORIDA BASEBALL COMPANY, a
Florida for profit Corporation
APPROVED AS TO FORM AND CORRECTNESS:
Lucia A. Dougherty
City Attorney
Stuart Revo
President
Title
(SEAL)
8'7-290
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5
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
TO: Honorable Mayor and Members
of the City Commission
FROM!
Cesar H. Odi
pp
City Manager
RECOMMENDATION:
DATE: MAR 2 4 1987 FILE:
SUBJECT: Resolution Authorizing
Agreement with Florida
Baseball Company
REFERENCES:
ENCLOSURES:
It is respectfully recommended that the City Commission adopt the
attached resolution authorizing the City Manager to execute an
agreement with Florida Baseball Company, Inc., for the use of
Bobby Maduro Miami Baseball Stadium to play Miami Marlins
baseball games during the 1987' and 1988 baseball seasons with
three one-year optional renewal periods.
BACKGROUND:
The Department of Parks, Recreation and Public Facilities has
been negotiating a use agreement with Mr. Stuart Revo, who
recently purchased a majority interest in the Florida Baseball
Company which had been operating the Miami Marlins baseball team
at Bobby Maduro Miami Baseball Stadium. A settlement has been
reached in the amount of $109,000 'for those monies due from
Florida Baseball Company from its Miami Marlins baseball games
and from its operations of the concessions at the stadium prior
to December 31, 1986.
The term of the attached agreement for Miami Marlins baseball
games will be for the 1987 and 1988 baseball seasons with one-
year renewal options for 1989, 1990 and 1991. For the 1987
season the Florida Baseball Company (the "Club" hereafter) will
not pay a use fee, and the Club will pay a $2I1,000 use fee for
their 1988 baseball season. This use fee along with the Club's
event staffing expenses will be credited against the $109,000
negotiated amount previously due from Florida Baseball Company's
operations.
The Club will receive 35% of the food and beverage sales at the
Club's Miami Marlins baseball events to be paid from the City's
42.1% of food and beverage sales which the City will receive from
Volume Services, the stadium concessionaire.
8'7--2 O
T'
Honorable Mayor and Members
of the City Commission
Page 2
For all other events the Club will receive one-half of the City's
proceeds from food and beverage sales. The Club will not share
any of the food at,d beverage concessions at Baltimore Orioles
events. The Club will have the rights to sales of all of the
Club's novelties and will have the rights to Baltimore Orioles
souvenirs and novelties in the 1987 and 1988 seasons. The Club
shall pay the City 25% of Baltimore Orioles souvenirs and
novelties. -In the renewal years 19891, 1990 and 1991, the Club
must negotiate with the Baltimore Orioles Baseball Club for
Orioles souvenirs and novelties.
It was also negotiated that the Club would pay a portion of the
City's Special Events Coordinator's salary in an amount equal to
5/26ths of the concessions proceeds received by the Club from the
City for all events except Miami Marlins and Baltimore Orioles
games.
The City will be responsible for stadium maintenance, for
preparing the playing field for Miami Marlins games and for
after -game cleaning.
The Club will have all wall advertising rights and it will pay up
to $1,000 per year to maintain the scoreboard.
Attachments:
Resolution
Agreement
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