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HomeMy WebLinkAboutR-84-1457J-84-1227 12/11/84 rr/104/DB RESOLUTION NO. 84`1457 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE NATIONAL FOOTBALL LEAGUE (N.F.L.) FOR THE USE OF THE ORANGE BOWL STADIUM FOR ALL N.F.L. POST SEASON FOOTBALL GAMES COVERING THE YEARS 19849 19859 1986 AND 1987. 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, with the National Football League (N.F.L.) for the use of the Orange Bowl Stadium for all N.F.L. post season football games covering the years 1984, 1985, 1986 and 1987• PASSED AND ADOPTED this 13th day of December , 1984. ST: PREPARED AND APPROVED BY: • tom// CHIEF DEPUTY UJY ATTORNEY APPROV A CITY ATTORNEY FORMAND CORRECTNESS: Maurice A. Ferre A Y 0 CITY COMMISSION MEETIN'0 OF DEC 1319", IRESOLUNUN Ao. 7 A G R E E M E N T AN AGREEMENT entered into this day'of 19 by and between the National Football League, an unincorpo- rated association, (hereinafter referred to as LEAGUE, and the City of Miami, a municipal corporation of the State of Florida, (hereinafter referred to as CITY). W I T N E S S E T H: ' That for and in consideration of the mutual covenants and ' agreements hereinafter set forth, the parties hereto agree as ° follows: LEAGUE AGREES: 1. To pay the CITY an admissions tax equal to $.8615 multiplied by the total number of seats (whether sold or not) in the Orange bowl Stadium for each football game known as the "AFC Wildcard Game" played at the Orange Bowl Stadium during the years from 1984 through the 1986 National Football League (NFL) season x<< F (including post -season games). In no case, however, shall the total amount of the admissions tax to be paid to the CITY by the LEAGUE be less than Sixty Five Thousand Dollars ($65,000) for each "AFC Wildcard Game" played. Said game shall be played in the Miami Orange Bowl Stadium if, and only if, the American Football Conference (AFC) team known as the Miami Dolphins is, of the two Wildcard teams within the AFC, that Wildcard team with the best record of games won and lost in the AFC during the regular football season just completed. It is further mutually understood by both parties hereto that any conflict between the date of presentation of this "AFC -�— Wildcard Game" and the date of the Orange Bowl Committee for playing of the Orange bowl Classic Football game at the Orange Bowl Stadium must be resolved by the LEAGUE with the Orange Bowl 84- 45 7 i Committee prior to final scheduling of this "AFC Wildcard Game". 2. To pay the CITY an admissions tax equal to $.8615 multi- plied by the total number of seats (whether.sold or not) in the Orange Bowl Stadium for each football game known as the "AFC Divisional Playoff Game" played at the Orange Bowl Stadium during the years from 1984 through the 1986 NFL football season (includ- ing post -season games). In no case, however, shall the total amount of the admissions tax to be paid to the CITY by the LEAGUE be less that Sixty Five Thousand Dollars ($65,000) for each "AFC Divisional Playoff Game" played. Said game shall be played in the Miami Orange Bowl Stadium if, and only if, the AFC team known as the Miami Dolphins wins the AFC Eastern Division Championship and is, based on their record of games won and lost within their Conference, to be the host team for this "AFC Divisional Playoff Game". It is further mutually understood by both parties hereto that any conflict between the date for presentation of this "AFC Divisional Playoff Game" and the date of the Orange Bowl Commit- tee for playing of the Orange Bowl Classic Football Game at the Orange Bowl Stadium must be resolved by the LEAGUE with the Orange Bowl Committee prior to final scheduling of the "AFC Divisional Playoff Game". 3. To pay the CITY an admissions tax equal to $.8615 mul- tiplied by the total number of seats (whether sold or not) in the Orange Bowl Stadium for each football game known as the "AFC Championship Game" played at the Orange Bowl Stadium during the years from 1984 through the 1986 National Football Legue football season (including post -season games). In no case, however, shall the total amount of the admissions tax to be paid to the CITY by the LEAGUE be less than Sixty Five Thousand Dollars ($65,000) for each "AFC Championship Game" played. Said game shall be played in the Miami Orange Bowl Stadium if, and only if, the A,FC team known as the Miami Dolphins - 2 - 84-1457 wins the "AFC Divisional Playoff Game" and is, based on their record of games won and lost within their Conference to be the host team for this "AFC Championship Game". It is further mutually understood by both parties hereto that any conflict between the date of presentation of this "AFC Championship Game" and the date of the Orange Bowl Committee for playing of the Orange Bowl Classic Football Game at the Orange A: Bowl Stadium must be resolved by the LEAGUE with the Orange Bowl Committee prior to final scheduling of this "AFC Championship r � Game". 4. To carry complete public liability insurance of One Million ($1,000,000) Dollars per occurrence for bodily injury, and One Hundred Thousand ($100,000) Dollars per occurrence for property damage; said insurance to name the CITY as a named x insured and to provide a defense and coverage for the City of Miami for any claims against the city of Miami and/or its emplo- yees arising out of the use of the Orange Bowl Stadium and its adjacent grounds, parking lots and premises for the football games to be played under this contract. Evidence of insurance must be submitted to the Orange Bowl Stadium Administrator at least thirty (30) days prior to the commencement date of the aforementioned games. 5. To make no physical changes to the Orange Bowl Stadium without the written consent and approval of the CITY and not to advertise on the Orange Bowl Stadium premises without the express written consent of the City Manager. 6. The LEAGUE will have exclusive rights to the sale of programs to each of the games described in Paragraphs 1, 2 and 3 above. 7. The LEAGUE and all its agents and members will abide by and be governed by all the rules and regulations for the manage- ment and operation of the said Orange Bowl Stadium, all Ordinances of the CITY, and all Laws of the State of Florida. - 3 - 84-1457 Ci 8. It is hereby agreed by LEAGUE that the stadium area within the lower level or "old" press box structure designated by the CITY as a CITY V.I.P. box shall henceforth -be specifically excluded from use by the LEAGUE, and shall be reserved for exclusive use by CITY officials and their guests for viewing of all post -season football games. LEAGUE shall provide game tickets for the V.I.P. box in a maximum number of Fourteen (14) per game, to be purchased by the City from LEAGUE upon notice from the Orange Bowl Stadium Administrator of the CITY'S desire to utilize the said box. The price to be paid to the LEAGUE for such tickets shall be the same price which the LEAGUE shall charge for its 50-yard line chairback, or box seats at the Orange Bowl Stadium and payment shall be made to the LEAGUE at the time of purchase. Any and all notices of purchase shall be made on behalf of the CITY only by the Orange Bowl Stadium Administrator. 9. LEAGUE shall indemnify and save the CITY harmless from and against any and all claims, liabilities, losses, and causes of action, which may arise out of LEAGUE'S activities under this contract, including all acts or omissions to act of CITY, its officers or employees, and from and against any orders, judgments or decrees which may be entered and from and against all costs and attorney's fees, expenses and liabilities incurred in the defense of any such claims, or the investigation thereof. 10. The LEAGUE agrees that there shall be no discrimination as to race, color, creed or national origin in connection with the use, maintenance and operation of the Stadium by the LEAGUE. 11. All personal property placed or moved in the Stadium by the LEAGUE shall be at the risk of the LEAGUE or the owner thereof, and the CITY shall not be liable for any damage to said personal property. CITY AGREES: 12. To provide and pay for day of event ticket takers, - 4 - 84-'145'7 ticket sellers, rest room attendants, electricians, communica- tions technicians, scoreboard operators, locker room attendants, x parkers, office attendants, elevator operators, nurses, grounds- keepers, plumbers, event supervisors, air conditioning techni- cians, ushers and security for the games described in Para- graph 1, 2 and 3 above. �z 13. To grant to the LEAGUE the right and use of the Orange Bowl Stadium to promote and conduct the football games described s in Paragraphs 1, 2 and 3 above, from 1984 through the 1986 yw National Football League football season (including post -season Fu K Y W! games). qs,. 14. To be responsible for the physical plant condition of the Orange Bowl structure and seats, and to insure that the field will be ready for play without waiving any rights to insurance r under Paragraph 4 of this agreement or indentify under Para- graph 9 of this agreement. 16. It is further understood and agreed that, within the q limitations imposed on the CITY by virtue of its Agreements with t _ the Orange Bowl Committee for the presentation of the Orange Bowl Classic football game at the Orange Bowl Stadium, the LEAGUE shall have the additional right of access and use of the stadium and facilities at all reasonable times within the last ten days prior to the scheduled playing date of each of the games described in Paragraph 1, 2 and 3 above, fur the purpose of team practices, pregame preparations, installation of television and other equipment and promotional preparation. THE PARTIES HERETO MUTUALLY AGREE: 17. That the CITY will retain all food, beverage, novelty and tobacco concession rights in connection with the operation of the Orange Bowl Stadium, excluding the press box facilities. 18. That the CITY shall have complete control and retain all income from parking rights and privilege. 5 W84-145'7 19. That the CITY will pay for all cost and expense for cleaning the premises after the said events. 20. The parties agree that the sale of alcoholic beverages by the LEAGUE is strictly prohibited. 21. For the purposes of this Agreement, the expression "Orange Bowl Stadium" shall include not only the stadium itself, but all dressing room, public toilets, ticket booths, the right of ingress and egress, and also the right to the use of one hundred twenty-five (125) parking spaces adjoining the Stadium for the LEAGUE commissioner and his staff and guests, others affiliated with the National Football League as deemed necessary by the LEAGUE, the participating teams and their staff and guests, game officials and pre -game and half-time participants. The CITY will provide parking for the news media as valid requests are received from them. 22. The CITY will furnish and provide reasonable and neces- sary personnel and services in connection with the games described in Paragaraphs 1, 2 and 3 above, including but not limited to a nurse, ambulance service, and other stadium attendants necessary to discharge the obligations of the CITY hereunder. The public address system and each microphone used in connection therewith shall be under the control of the LEAGUE, and the LEAGUE shall have the right to the use of the said micro- phones and loud speaker apparatus for the purpose of announcing the play-by-play and the program of events under the control the control of the LEAGUE during the use of the stadium. In addition thereto, the CITY shall provide the normal and usual electricity for radio and television transmision and for stadium lights adequate to light the field. The right to request that the stadium lights be turned on shall be reserved to the LEAGUE, and the CITY shall be obligated to turn said lights on when requested by the LEAGUE. All of the services to be provided hereunder by the CITY shall be without any additional expense to the LEAGUE. W 6 84--1.45'7 . i f 23. The parties hereto will be excused from the performance of this Agreement in whole or in part only by reason of the following: x,p a. When the playing of such game is prevented by operation of law. b. When the playing of such game is prevented by an irre- sistible, superhuman cause. E _r. c. When the playing of such game is prevented by an act of the public enemies of the State of Florida or of the �t United States of America, or by strike, mob violence, s fire, delay in transportation beyond the control of the LEAGUE, or unavoidable casualty. In the event performance is excused in accordance with the provisions of this Paragraph 19, the LEAGUE shall be relieved of any obligation to pay the sum provided to be paid to the CITY under Paragraphs 1, 2 and 3 above. 24. All radio, television and motion picture rights to such 1` games shall be reserved to the LEAGUE, and the LEAGUE shall have ,.: sole and exclusive right to such radio and television broadcasts 10. and any motion pictures of such games, as well as all receipts from such sources or any of them. 25. The parties mutually agree that the contingencies as have been expressed in Paragraphs 1, 2 and 3 of this Agreement with respect to the Miami Dolphins Football Team, shall operate as conditions precedent to the obligation of either party with regard to "AFC Wildcard Games", "AFC Divisional Playoff Games" and "AFC Championship Games", and neither party shall be bound by Paragraphs 1, 2 and 3 of this Agreement absent the occurrence of the aforestated contingencies. Further, recognizing that it is impossible to ascertain precise dates for the playing of the football games as herein above described, the parties mutually agree that such a day shall be selected as soon as practicable after the herein above mentioned contingencies have occurred, 7 84--1457 L, keeping in mind that scheduling conflicts between the LEAGUE and the Orange Bowl Committee must be resolved by the LEAGUE with the Orange Bowl Committee. 26. It is mutually agreed by the parties hereto that six (6) months prior to the termination of this Agreement, both parties will enter into a renegotiation for the purpose of arriving at a similar Agreement. 27. The parties hereto agree that this Agreement shall be construed and enforced according to the laws, statutes and case laws of the State of Florida. Attest: City Clerk Witnesses or signature of N.F.L. secretary: THE NATIONAL FOOTBALL LEAGUE BY Commissioner THE CITY OF MIAMI BY City Manager APPROVED AS TO FORM AND CORRECTNESS: City Attorney 84-145 7 w I A F F I D A V I T TO: City of Miami Orange Bowl Stadium 1501 N. W. 3rd Street Miami, Florida 33125 STATE OF NEW YORK ) ) ss: COUNTY OF NEW YORK ) This is to certify that Pete Rozelle is authorized to sign contracts on behalf of the National Football League, an unincorporated association not for profit with its principal place of business at New York, New York, as its duly sworn Commissioner, and is empowered to make and sign contracts and agreements binding the aforementioned National Football League League to any contracts and agreements with the Office of Stadiums. By: � 6WV1- �'✓W�r/fiL John R. Schoemer Treasurer D SUBSCRIBED or�P/T his �� Mataxday of, 19 '. State of New York. My Commission Expires: TH'OKIAS A. SULLIVAN Notary Fuoi.c, Sta!e ,)r !dew York Jo. 31-4723--^5 OualTeo in New Ycrk County Com�nissior Exa�re3 March 30. ISJ S4-145 7 k S k'- A F F I D A V I T T0: City of Miami Orange Bowl Stadium 1501 N. W. 3rd Street Miami, Florida 33125 STATE OF NEW YORK ) ) ss: COUNTY OF NEW YORK ) This is to certify that Pete Rozelle is authorized to sign contracts on behalf of the National Football League, an unincorporated association not for profit with its principal place of business at New York, New York, as its duly sworn Commissioner, and is empowered to make and sign contracts and agreements binding the aforementioned National Football League League to any contracts and agreements with the Office of Stadiums. By: kND SUBSCRIBEDorr/ his474 yj%dxf.day of, 19 /. State of New York. My Commission Expires: TY.�A+4S A. SULLIVAN Notary Fuoi.c. State or !.ew York 'J•j. 31-4723Z-5 Ouai;f:ao in New York County commrssiar Expires t0arch 30. Igs 84-1457 CITY OF MIAMI. FLORIDA 0 1 I)*1 ERsOEFIC9._ MEMORANDUM II: C^g TO. Howard V . Gary DATE: November 30, 1984 City Manager FROM: Walter E. Golby Stadiums Administrator SUBJECT: proposed Resolution Authorizix The City Manager to execute an Agreement with the N.F.L. for post season games at the REFERENCES: Orange Bowl Stadium ENCLOSURES: Draft Resolution and attach - use agreement. The Office of Stadiums recommends the adoption of a Resolution authorizing the City Manager to enter into a long-term agreement with the National Football League for holding post season football games in the Orange Bowl Stadium in the years 1984, 1985, 1986 and 1987. The National Football League desires to continue their long and good association with the City of Miami and want to continue having the use of the Orange Bowl Stadium for post season football games for the years 1984, 1985, 1986 and 1987. The new agreement is in substantial conformity to past agreeements between the City and the N.F.L. Major changes in the new agreement are as follows: 1. The use fee has been increased from $45,000 per game to $65,000 per game to cover increased staffing costs. 2. The new agreement provides that the City shall the use of the V.I.P. Box in the 3rd level Press area with a maximum number of fourteen (14) purchased seats. The Office of Stadiums recommends the approval of the above mentioned agreement. 84-145'7 0 0 s1, American Football Conference Lamar Hunt, President 110 Park Avenue, New Ycrk. N.Y. 10022 .b+ (212) 758 1560 �,- N November 20, 1984 Mr. Walter E. Golby Stadiums Administrator ORANGE BOWL P.O. Box 330708 Miami, FL 33233-0708 Dear Walter: Attached please find the Orange Bowl least. ;or NFL playoff games through the 1986 season, signed by Commissioner Rozelle and with signatures of two witnesses. We have also rewritten the affidavit, which has been signed and notarized. As I mentioned on the phone, since the NFL is not a corporation the suggested Corporate Resolution does not apply. Please send us our copies of the documents when they have been processed. AW:LH Attachments Sincerely, � tr��.� AL WARD Assistant to the President .uffalo Bills / Cincinnati Bengals / Cleveland Browns / Denver Broncos / Houston Oilers / Indianapolis Colts / Kansas City Chiefs .os Angeles Raiders / Miami Dolphins / New England Patriots / New York Jets / Pittsburgh Steelers / San Diego Chargers / Seattle Seahawks 84-145 % s Lucia A. Daugherty City Attorney 0- Walter E. Golby Stadiums Administrator CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM DATE: November 30, 1984 RLE: Proposed Resolution authorizing SUBJECT: the City Manager to execute an Agreement with the N.F.L. for post season games. at the REFERENCES: Orange Bowl Stadium ENCLOSURES, Draft resolution and attached use agreement. The National Football League desires to continue their long and good association with the City of Miami and want to continue having the use of the Orange Bowl Stadium for post season football games for the years 1984, 1985, 1986 and 1987. The new agreement is in substantial conformity to past agreeements between the City and the N.F.L. Major changes in the new agreement are as follows: 1. The use fee has been increased from $45,000 per game to $65,000 per game to cover increased staffing costs. 2. The new agreement provides that the City shall the use of the V.I.P. Box in the 3rd level Press area with a maximum number of fourteen (14) purchased seats. The attached agreement was reviewed by Alex Villarelo of your Office and Don Dunlap of Risk Management. 84-145 7