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