HomeMy WebLinkAboutR-82-0828r
RESOLUTION No. c`� T � g
A RESOLUTION RATIFYING, APPROVING AND
CONFIRMING THE ACTION OF THE CITY MANAGER
IN EXECUTING THE ATTACHED AGREEMENT
BETWEEN THE CITY OF MIAMI AND SOUTH
FLORIDA BOXING PROMOTIONS, INC., FOR
USE OF THE ORANGE BOWL STADIUM IN
PRESENTING AN INTERNATIONAL LIVE BOXING
MATCH ON NOVEMBER 12, 1982.
WHEREAS, South Florida Boxing Promotions, Inc., a Florida
Corporation, was desirous of using the Orange Bowl Stadium in
presenting a boxing match of international significance; and
WHEREAS, South Florida Boxing Promotions, Inc., indicated
that license fees for the use of the Orange Bowl Stadium described
in Section 53-131 of the City Code were excessive and would create
a financial hardship on the said corporation to the extent of making
it impossible to present such a prestigious event in the Orange Bowl
Stadium; and
WHEREAS, South Florida Boxing Promotions, Inc., submitted
an alternate financial proposal for the use of the Orange Bowl
Stadium; and
WHEREAS, in consideration of the international publicity
value to the City of Miami in holding such a prestigious event in
the Orange Bowl Stadium, the City Manager reviewed the alternate
proposal and was assured that based on said proposal the City of
Miami would not incur any loss or expense in the holding of such
event; and
WHEREAS, South Florida Boxing Promotions, Inc., will pay
a guaranteed base fee of $30,000 and the possibility of an ad-
ditional $45,000 when the gross gate receipts exceed $1,500,000.00;
and
WHEREAS, time is of the essence in signing a license
agreement to enable South Florida Boxing Promotions, Inc., to enter
into an exclusive agreement that would guarantee that this event
would take place in the City of Miami.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION TO THE CITY
OF MIAMI , FLORIDA: CITY COMMISSION
MEETING OF.
S E P 9 1982
8 .`' - $
RESO LMQN N0.,,,. ,,, �,-8
�EMARI{!
lk a
Section 1. The action of the City Manager in executing
the attached agreement between the City of Miami and South
Florida Boxing Promotions, Inc., for use of the Orange Bowl
Stadium in presenting an International Live Boxing Match on
November 12, 1982 is hereby ratified, approved and confirmed.
PASSED AND ADOPTED this_9TH_day of SEPTEMBER 1982.
MAURICE A. FERRE
ATTEST:
Ii G . 0—GIE
-
CITY CLERK
PREPARED AND APPROVED BY:
R BERT F. CLARK
DEPUTY CITY ATTORNEY
•
APPROVED AS TO FORM AND CORRECT14ESS:
ARE. GARCIA-P D ATTORNEY
-2-
82 - 8 28
USE AGREEMENT FOR THE ORANGE BOWL STADIU,'4
CITY OF MIAMI, FLORIDA
THIS AGREEMENT made and entered into this 27th day of
August, 1982, by and between the CITY OF MIA,'-1I, a Municipal
corporation of the State of Florida, hereinafter referred to
as the "CITY" aftd SOUTH FLORIDA BOXING PROMOTIONS, INC., a
Florida corporation, with its principal office at 888 Bric-
kell Avenue, Suite 200, Miami, Florida, Telephone 374-4747,
hereinafter referred to as the "USER".
W I T N E S S E T H:
In consideration of the covenants and agreements here-
inafter set forth, the City does hereby grant unto the USER
and the USER hereby accepts the right of entry upon or into
the Municipal facility of the City of [Miami known as the
ORANGE BOWL STADIUM, the said facility to be entered upon or
into for the purpose of presenting a boxing match featuring
Aaron Pryor and Alexis Arguello with other bouts, along with
any ceremonies and presentations ancillary thereto, ("the
match"), for the period commencing at 8:00 P.M. on the 12th
day of November, 1982, and ending at the conclusion of the
match; not including "set-up" and/or "dismantle" time. if
required. If required, set-up shall take place on the loth
and the llth days of November, 1982. Dismantling shall not be
later than 5 P.M. on the 13th day of November, 1982.
THE USER HEREBY COVENANTS AND AGREES
1. To pay to the City the following sums:
(a) A guaranteed amount of Thirty Thousand Dollars
($30,000.00).
(b) An additional amount computed as follows:
(i) If the total gross gate receipts do not
exceed One Million Five Hundred Thousand
Dollars ($1,500,000.00), said additional
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amount shall be zero.
(ii) If the total amount of said receipts exceeds
One Million Five Hundred Thousand Dollars
($1,500,000.00) the additional amount shall
be Forty Five Thousand Dollars ($45,000.00).
(c) Thc? term. "gross gate receipts" s hall mean tho
total receipt from the sale of tickets from what-
ever source, at whatever place and by whatever
means.
2. That the payment of the aforesaid amounts shall be made
no later than 5 P.M. on Tuesday, November 16, 1982 at
the Office of the Cite Manager, Pan American Drive,
City Hall, Dinner Key, Florida. Payment shall be by
cashier's check.
3. To pay to the CITY the cost of any repair, rehabilita-
tion, damage correct, replacement or restoration o-f the
premises, as well as any other unusual but reasonable
expense borne by the CITY as a consequence of presenta-
tion of the match, but USLR shall not be responsible
for any normal and reasonable wear and tear to the said
facility.
4. That the CITY reserves the right to remove from the
premises all property of the USER remaining in or on
the facility at 5:00 P.M. on November 13, 1982, at the
expense -of the USER; or to charge storage at a reason-
able rate for each day or part of the day that said
property remains in or on the facility after said time
and date.
5. That USER has read the "Rules and Regulations for use
of City of Miami's Municipal Facilites" which are
attached to the "Application of Use of City of Miami
Municipal Facilities"; that it fully understands said
rules and regulations; and that by the execution of
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this Agreement, it certifies that it will abide by each
and every rule and regulation set out therein except
for the television rights, without the need to have
said rules and regulations repeated in this agreement.
6. The USED shall indemnify and save harmless forever the
CITY, and all the CIT'i's officers, agents and employees
including all police officers and personnel as speci-
fied in the terms of this Agreement, from all claims or
suits resulting from any personal injury, loss of life,
or damage to property, from any act, ommision or ne-
glect, by itself or its employees; the USER shall
beccme defendant in every suit brought for any of such
claims or suits against the CITY or the CITY's offi-
cials, agents and employees; the USER shall further
indemnify the CITY for all costs and expenses, includ-
ing investigative costs, attorney's fees, and liabili-
ties arising out of or in any way relating to all such
claims or suits.
7. The USER shall provide to the CITY at the time of
signing of this contract such documentation as the CITY
may reasonably require to establish USER's contractual
right(s) to present the match.
THE CITY HEREBY COVENANTS AND AGREES
8. To furnish at CITY's expense, except as may herein be
otherwise provided, light for ordinary use, water for
all reasonable purposes, janitorial service, restroom
supplies, and all necessary personnel such as electri-
cians, custodians, cleaning contractor, groundsmen,
police security. Said personnel will be paid directly
by the CITY.
9. That Fire Department manpower requirements shall be the
responsibility of the City of Miami.
10. The CITY here -by understands and agrees that the USER
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this Agreement, it certifies that it will abide by each
and every rule and regulation set out therein except
for the television rights, without the need to have
said rules and regulations repeated in this agreement.
6. The USER shall indemnify and save harmless forever the
CITY, and all the CITY's officers, agents and employees
including all police officers and personnel as speci-
fied in the terms of this Agreement, from all claims or
suits resulting from any personal injury, loss of life,
or damage to property, from any act, ommision or ne-
glect, by itself or its employees; the USER shall
beccme defendant in every suit brought for any of such
claims or suits against the CITY or the CITY's offi-
cials, agents and employees; the USER shall further
indemnify the CITY for all costs and expenses, includ-
ing investigative costs, attorney's fees, and liabili-
ties arising out of or in any way relating to all such
claims or suits.
7. The USER shall provide to the CITY at the time of
signing of this contract such documentation as the CITY
may reasonably require to establish USER's contractual
right(s) to present the match.
THE CITY HEREBY COVENANTS AND AGREES
8. To furnish at CITY's expense, except as may herein be
otherwise provided, light for ordinary use, water for
all reasonable purposes, janitorial service, restroom
supplies, and all necessary personnel such as electri-
cians, custodians, cleaning contractor, groundsmen,
police security. Said personnel will be paid directly
by the CITY.
9. That Fire Department manpower requirements shall be the
responsibility of the City of Miami.
10. The CITY hereby understands and agrees that the USER
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this Agreement, it certifies that it will abide by each
and every rule and regulation set out therein except
for the television rights, without the need to have
said rules and regulations repeated in this agreement.
6. The USED, shall indemnify and save harmless forever the
CITY, and all the CIT'i's officers, agents and employees
including all police officers and personnel as speci-
fied in the terms of this Agreement, from all claims or
suits resulting from any personal injury, loss of life,
or damage to property, from any act, ommision or ne-
glect, by itself or its employees; the USER shall
beccme defendant in every suit brought for any of such
claims or suits against the CITY or the CITY's offi-
cials, agents and employees; the USER shall further
indemnify the CITY for all costs and expenses, includ-
ing investigative costs, attorney's fees, and liabili-
ties arising out of or in any way relating to all such
claims or suits.
7. The USER shall provide to the CITY at the time of
signing of this contract such documentation as the CITY
may reasonably require to establish. USER's contractual
right(s) to present the match.
THE CITY HEREBY COVENANTS AND AGREES
8. To furnish at CITY's expense, except as may herein be
otherwise provided, light for ordinary use, water for
all reasonable purposes, janitorial service, restroom
supplies, and all necessary personnel such as electri-
cians, custodians, cleaning contractor, groundsmen,
police security. Said personnel will be paid directly
by the CITY.
9. That Fire Department manpower requirements shall be the
responsibility of the City of Miami.
10. The CITY hereby understands and agrees that the USER
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will, at USER's e::pense, install on and remove from the
Orange Bowl Prescription Athletic Turf field surface
approximately Eight Thousand (3000) seats, a twenty -
foot (20') boxing ring, and related support systems,
and that any ordinary wear and tear to said field
surface shall be repaired at the sole e:%pense of the
CITY.
THE PARTIES HEREBY MUTUALLY COVENANT AND AGRrE
11. That the folloaing additional provision-s shall be
adhered to:
a. USER shall secure all licenses that may be re-
quired in order to carry out the match and related
activities.
b. USER shall secure a certificate of use and build-
ing permit.
C. USER shall obtain insurance coverage in the mini-
mum amount of $ j , 0 00 j 000 , 00 , for the
following coverages: tmt.- I Cbw tt�eAfJve hfi,/, such
(p'Vpf, e'er, ly I Aj4 Y)
insurance to be approved by the office of the City
of Miami Property Manager, 3318 Pan American
Drive, Miami, Florida. The policy must be endorsed
to name the CITY as an additional insured, and the
CITY is to be provided with certificate of same.
The insurance company must be acceptable to the
CITY.
d. All parking revenue belongs to the CITY.
e. The stadium manager, after full discussion of the
type of event with the USER, will contact the City
of Miami Police Department for sufficient security
prior to, during and after the match.
f. CITY agrees to pay for groundsmen on duty after
regular working hours if staging must be erected
at such time. USER will install all staging and
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props, including special lighting at U3ER's
expense, same to be approved by stadium manager.
CITY agrees to provide, at its own expense, port-
able toilet facilities as determined by stadium
manager to be necessary for use prior to, during,
and after the match.
USER agre,:s to include in all advertising for
event in the facility that bottles anci cans cannot
be brought into the facility.
USER agrees to present Ticket manifest is to be
presented to the stadium manager at the time of
the signing of this contract.
Ticket sellers, takers and ushers are the respon-
sibility of the USER and shall be provided bj•
USER.
USER agrees to restrict all vehicles from the
P.A.T. surface; any exception must be granted by
the Grounds and Turf manager.
USER agrees to assign personnel to parking lots
and other areas with bullhorns and megaphones to
announce prohibitions.
Gates are to be opened at least one and one half
'hours prior to 8:00 P.M. on November 12, 1982.
All tickets and advertsing shall indicate gate
opening time. The CITY reserves the right to open
gates or adjust gate opening as it deems appro-
priate based on crowd control and conditions.
USER shall not assign this contract nor shall
tjiere be a change in the stock ownership of USER,
except by death, incapacity, or pursuant to stock
purchase agreement that allows present stock-
holders to purchase another stockholders interest
in the corporation,, r r'
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12. Police requirements are as follcws:
A minimum off -duty staffing will consist of 1
commanding officer , 11 supervisors, 98
officers, and civilian personnel; reflecting
the understanding on the part of the CITY- that the
anticipated attendance at the match will be approxi-
mately 30,000 persons.
13.
14.
If, in the opinion o` t1. he Polico Event CcmrandeY, the
USER of the stadium does not actively- and conscien-
tiously suppress narcotics actively within the audi-
ence, he may summon plain clothes officers in suffi-
cient numbers to control the situation effectively.
The parties acknowledge that tho Miami Dolphins, Ltd.
own the exclusive concession rights in the Orange Bowl
Stadium. USER agrees to secure frcm the Miami Dol-
phins, Ltd. the right to operate and conduct all con-
cessions before, during and after the match. Such con-
sent shall be in writing and the CITY shall receive
copy of the same. In the event that the USER and the
Miami Dolphins, Ltd. do not conclude an agreement re-
garding the concession rights, USER hereby agrees not
to conduct, operate or allow anyone to conduct or
operate any activity that could be considered to be the
conduct or operation of a concession before, during or
after the match.
In the event the match is cancelled within 24 hours of
the gate opening time, the USER agrees to pay to the
o ONY 4.-W''If t-t 7,71'-,',` e`l,; /l'"'� ;!r /; %l IWI(1611,:c'r47 REC,*7-INF
Tn Tff E 01A7-c .14
CITY amount of $30,000. If the match is
cancelled more than 24 hours prior to gate opening
time, this contract shall be deci:iod to be cancelled and
neither party shall incur any penalty or liability
whatsoever hereunder.
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15. The CITY reserves the right to auLlit the boors and
records of the USER at any time during the performance
of this Agreement and for a reasonable time thereafter.
16. The CITY reserves the right to enter onto the premises
at'any time for all purposes related to the emorcise of
the CITY's police power.
17. All terms and conditions of this written Agreement
shall be binding upon the parties, their heirs and
assigns, and cannot be varied or waived 1), any oral
representation or promise of any agent or other person
of the parties hereto unless the same be in writing and
mutually
signed
by the duly
authorized agent or
agents
e::ecuting
this
Agreement.
The Laws of Florida
shall
govern the interpretation and performance of this
contract.
18. That the parties intend that this document shall be a
License Agreement and that no leasehold interest is
conferred upon the USER. USER shall be deemed a licen-
see and not a lessee.
IN WITNESS WHEREOF, the parties hereto have individu-
ally and through their proper corporate officials executed
this Agreement the day and year first above written.
ATTES ,
MHU}IL G011ZA-L1:Z
Secretary
APPROVED, AS TO INSURANCE:
Insurance Manager
7
THE CITY MIAMI, a Municipal
Corpora of the State of FIB 'da
By:
WALTEI E ah
S tale I Sa acyUrV
/ r
By
HOWARD GARY
City Manager '
SOUTH VLOIftDA BOXING PROMOTIONS, INC.
nY-
Rif 0 NELSON RODRIGUEZ
President- I
APPROVED AS TO FORM AND CORRECTNESS:
By JL
JOSL R. GARCIA-PEDROSA
City Attorney
82-82 .I
CERTIFIED COPY OF
1'1L1'!UTE'.-; ()I-., THE, OF
111ii., RO."MrD OF (-)F
SOUTH FLORIDA BOXINq PROKOKONS, INC.
I DO CFRTIFY THAT
I
am the
duly
elvctud and qualified
Secretary of South
Florida Boxing
PrcmnLions,
lnc., a corporation
organized and existing
under
tho
laws of
the
State of Florida, and
that the following
is a true
and
correct
copy
of the Minutes of the
Special Meeting of -
the Roc.ird
of
Directors,
said meeting being held
on the 27th day of
August, 1982,
and that the resolution contained
therein is nov; in
full force
and
effect
and
has not been revoked,
altered, or a -mended.
I H WITHEISS I have hereunto affixed my name as
Secretary, and havt.., ciuF-,ed tjj(• (- -I
C)rp(,)rat(� F (' , I of said corporation
to he hereto aff ixod, this day of Augi.i!;L, 1982.
(CORPORAT9 SEAL)
0
8 2 - 8 2 88
mii,;U'I'I:S OF SPECIAL MEFTINC,
OF THE: BOARD O' DIRECTORS OF
SOUTHFLORIDA E?O 111(l P13C),4 TIONS , INC.
A special meeting of the Board of Directors of South Florida
Foxing Promotions, Inc. ( the "Company") was held at the offices of
Barron, Lehman, Cardenas & Piycken, P.A.,
888 Brickell Avenue,
Miar d , Florida, on August , 198 ' at
t:;o1ve o' clod: noon,
pursuant to a waiver of notice attached to
the minutes of this
meeting as Exhibit "A".
There were present at the meeting the
following directors,
constituting a majority of the directors of
the corporation: John
Goudie, Jaime Goudie, Pedro N. Rodriguez,
Pete Lopez, Alberto
Cardenas, and !Manuel Gonzalez.
Mr. John Goudie served as Chairman of
the meeting and Mr.
Ro,,!rigUC-Z served as Secretary. The Chairman
stated that a quorum
was present and the meeting was authorized to
proceed with business.
The Chairman then stated that it was de
-sired to empower the
Prc_sident of the Company, Pedro N. Rodriguez,
to execute a contract
with the City of Miami so that the Company could use the facility
for those uses described i.n that ccrrtain Promotion and Ancillary
Rights- Agreemont-, darted August �� 1'M-2 by
and between Top Rank,
lnc., it New York corporation, rend this corporat:i.on.
Upon motion
duly made, seconded, and approved, i t wits
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The P i'. .,iJot It.
Of t.fll:i C0rp0r %i{ Ii)II <:S
a�.LhoI,i.-"d
to
coni-.r'iic'1: with
t ho C d llv of i•i 1 ,3."1;. Cn
S:-1 C'}: t-err;,`i
an':
coed i t i can,; pis
m�ty he a(II-(I(-�(i
LIy),)l, bet:,. ,cr1 h i;;I rin(} th,:
C i t:y f or
the
use by the Corpor'ition of the Oranr-w } o'..11_ SIL.r-idium on Nov(-mbc.r 10,
11 , 121, and 17., 1082 for the purport' of t.h;' CorpOr'ttl0n Production
of thc' t;I'h CI iorry}tip }•ittt(h hetv.(en A1ovis Argue!-I(and Aaron
Pryor calonq 'with Oth(--r' bouts air d, and cerc'C.c.nies and' activities
related thereto.
There being no business to come before the meeting, the
weeting -vjas, upon motion duly made and seconded without objection,
adjourned.
Secretary
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82-828
j
so
Howard V. Gary
September 1, i32
City Manacer
Resolution apr_rc-vin.c,- action
of City Mana,c;er to s: ,n
Bo::in: Contract -
Cesar Odio
Assistant City
Mana-er
1) Cony of Draft Resolatlon
of _x C':,it,�Contract
The Office of Stadiamo recommends
the adoption of a resolution to
ratify, approve and confirm the
action of the City Mana-er in
executini: the attachl2d arr- e::ent
with South Florida 13oxinI, Pro.aotiono•,
Inc. , for use of the Oran�e
rem eI �_
S tadium to p s� It a live bo::i.
match or. November 12, l;u
South Florida Bo::inS Promotions, Inc. , desired to prese:-:t the
Aaron I'ryor vs Al -:.is Ar;-uello boxing r:atch in the Oranc-e BO:1
Stadia:,! on Idoveriber 12, 1982. This or;ani::ation indicated,
ho:•;ever, that the license fees for use of the Cran;_,e Berl :'•tali
prescribed in City Code
create a financial hardship to the
53-131 here excessive an:. :ould
} extent o: mal:ln`" it
e _ ., --
f oi' t:i' .m to :resent till: E'V ii` in
:cat!1 loryda o:si. Proc:ot_o :. , 111c. , sai_i::itted an alte nat
itialicial nrcposal -for th•2 use of to Oran:_,_- Po;:1 :', u:n.
to:in( into consideratien the international publicity value to t,le
City of :•11-ami if this r1'e5ti ;ious international event ,':er: held In
��- :�`_' Cit�- i:i.1.1 `-^er I'e�,�ie':i��u :i t�'I: I
the-ran.--c i3oi•;l �a :nil , t i t t e al t2 a�
te
pro" csal grid ;as a:,sured t:lat the City' of :Miami ; ould not incur any
the loss or expcnSe in �l.f_ hol:iil.�, gent. The financial terms of the
attachc-.6 agreement a guaranteed $'0,000 base fee to covey
t e City's cost o -Police, other event employees, electricity
and cleanup. There is the possibility of an additional 1`45,000 if
tine cross cats• receipts exceed $1,500,000.00. In addition, the
City also anticipates receiving, �12,000 in revenues and
2. 000 in concession revenues.
i;ice J of the essence I'Or :oath r lorida 5oxir.� i'ro.motions,
-o cont, nue in ne„otiatiotlS faith Bob Arurl' S promotion company,
t' _,;y :ivaa;''r ex:_.cuted the att:acled al;rce::lent on Au: ust 27, 1g82.
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