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Home My WebLink AboutR-81-0803/ RESOLUTION NO. 81 8 U 3 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, WITH FLORIDA A & M UNI- VERSITY FOR THE USE OF THE ORANGE BOWL STADIUM FOR THE PURPOSE OF PLAYING THE ANNUAL ORANGE BLOSSOM CLASSIC FOOTBALL GAME BY SAID UNIVER- SITY FOR A ONE-YEAR PERIOD, WITH TWO ADDITIONAL ONE-YEAR OPTIONS TO RENEW, IN ACCORDANCE WITH THE TERMS AND CONDITIONS SET FORTH THEREIN. WHEREAS, the Orange Blossom Classic Football Game draws thousands of both participants and spectators to the City of Miami and therefore has signficant impact on the economy of the City; and WHEREAS, the City owns and operates the Miami Orange Bowl Memorial Stadium, commonly known as the Orange Bowl Stadium, which is a desirable location for the presentation of the Orange Blossom Classic; and WHEREAS, Florida A & M University has for many years staged its annual Orange Blossom Classic Football Game at the Orange Bowl Stadium, and desires to continue having the use of the Stadium for the staging of said game; and WHEREAS, the City and Florida A & M University are mutually desirous of entering into a long-term agreement for the playing of said game at the Orange Bowl Stadium; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to enter into an agreement, in substantially the form attached hereto, with Florida A & M University for the use of the Orange Bowl Stadium for the purpose of playing the annual Orange Blossom Classic Football Game for a one-year period, with an option to renew said contract for two additional years, in accordance with the terms and conditions set forth therein. PASSED AND ADOPTED this 24 day of September , 1981. MAURICE A. FERM MAURICE A. FERRE, MAYOR ATTEST: CITY COMMISSION v MEETING OF ALPH ONGIE, CITY CL SEF2 41981 a R6SOI.UPION la 81 - 8 8 MARKS.....�...................... k AGREEMENT FOR FLORIDA AGRICULTURAL AND MECHANICAL UNIVERSITY USE OF ORANGE BOWL STAD I L^4 THIS AGREEMENT, made and entered into this day of 1981, by and between the CITY OF MIAMI, a Municipal corporation organized and existing under the laws of the State of Florida (hereinafter referred to as CITY) and the FLORIDA AGRICULTURAL AND MECHANICAL UNIVERSITY, organized and existing under the laws of the State of Florida (hereinafter referred to as a UNIVERSITY); W I T N E S S E T H: WHEREAS, the Orange Blossom Classic football game draws thousands of both participants and spectators to the City of Miami and therefore has significant impact on the economy of the CITY; and WHEREAS, the CITY owns and operates the Miami Orange Bowl Memorial Stadium, commonly known as the Orange Bowl Stadium, which is a desirable location for the presentation of the Orange Blossom Classic; and WHEREAS, the UNIVERSITY has for many years staged its annual Orange Blossom Classic football game at the Orange Bowl Stadium, and desires to continue having the use of the Stadium for the staging of the annual Orange Blossom Classic; and WHEREAS, the CITY and Florida A & M AJniversity are mutually desirous of entering into a multi -use agreement for the playing of the annual Orange Blossom Classic football event at the Orange Bowl Stadium; NOW THEREFORE, in consideration of the premises and the further consideration hereinafter set forth, it is agreed as follows: CITY HEREBY AGREES: 1. That, as an extension of previously existing contractual arrangements evidenced by UNIVERSITY'S annual requests and the CITY'S favorable responses, the CITY will allow the UNIVERSITY the use of the , Orange Bowl Stadium on October 24, 1981, with an option to play under this agreement from year to year for two (2) additional years up to and including the football season of 1983, for the purpose of playing its annual Orange Blossom Classic football game at the Orange Bowl Stadium, against an opponent i , si -g03 team to be selected annually by the UNIVERSITY. The UNIVERSITY shall give notice, in writing, to the CITY at least ninety (90) days after the completion of its annual football classic game covered by this agreement, of its desire to play the following year's annual Orange Blossom Classic in the Orange Bowl. The notice by the UNIVERSITY to the CITY, shall include the date requested and the opponent team to be played. 2. That the UNIVERSITY may present the annual Orange Blossom Classic at the Orang- ':,,.vl Stadium during the term of this contract on dates which do not conflict with the National Football League Orange Bowl football schedule for Sunday or Monday night games, or Saturday games after the second Saturday in December; or with the football schedule of the University of Miami or the annual Orange Bowl Classic game. Final determi- nation of the date for presentation of the game shall be subject to approval of the CITY, which approval shall not be unreasonably withheld. 3. That, in the event that the Orange Blossom Classic football game is designated for telecast from the Orange Bowl Stadium, the CITY agrees to abide by N.C.A.A. and Federal Regulations respecting the conduct of tele- vised N.C.A.A. games. 4. That it shall furnish, at its expense, all water and electrical power necessary for the use and operation of the Orange Bowl Stadium by the UNIVERSITY pursuant to the terms of this agreement. 5. That the participants will be permitted reasonable use to the Orange Bowl Stadium for practice sessions prior to the annual Orange Blossom Classic game. 6. That, in the event that through any cause, the opposing team for the Orange Blossom Classic game shall fail to appear, or be prevented from appearing, then the UNIVERSITY shall have the option of cancelling the Orange Blossom Classic without rental penalty being assessed by the CITY. The UNIVERSITY shall be responsible for any actual expense incurred by the CITY in preparation for an Orange Blossom Classic game which is subsequently cancelled. UNIVERSITY HEREBY AGREES: 7. That it will utilize the Orange Bowl Stadium, owned and oper- ated by the CITY, for one football game annually for a period of three (3) 2 - 10 1 PREPARED AND APPROVED BY: ROBERT F. CLARK ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: /("i-a �•a GEORGE F. K OX, JR. (CITY ATTORNEY jam'- 1 -2- 81-803 years beginning with the scheduled October 24, 1981, date and for -::a o..., two (2) years as requested by formal notice. S. That it will pay the CITY for the use of said Stadium for said game an admission tax of ten percent (10%) of the gross admission price de- rived from the said game by the UNIVERSITY, less any Federal, State, or locally imposed taxes payable from such admission price. 9. That the a3,ni.ssion tax payable hereunder shall be the sole consideration payable ., the UNIVERSITY for its use of the Stadium under this agreement, with the exception, however, of actual expenses reasonably incurred by the CITY for personnel necessary to afford the UNIVERSITY use of the Stadium on other than the day on which the UNIVERSITY game occurs, should the UNIVERSITY require use of the Stadium for a pre -game practice. IT IS HEREBY MUTUALLY AGREED: i 10. That the UNIVERSITY shall keep available in its office or such fother place,approved by the City Manager of the CITY, true, accurate and -� complete records and accounts of all ticket sales transacted in connection with the UNIVERSITY'S annual Orange Blossom Classic game, and shall give access a -� to the authorized representatives of the CITY during reasonable business hours, to examine and audit such records and accounts. 11. That the UNIVERSITY shall furnish, at its expense, the following personnel as required to stage its games: Ticket Takers, Ticket Sellers, Ushers The UNIVERSITY shall provide all of the aforementioned personnel in sufficient numbers as necessary during the staging of the games authorized by this agreement, and whose function will be to handle seating and normal crowd control. The UNIVERSITY will have exclusive use of ticket office space as assigned by the Stadium Manager for administration of sales and personnel from 9:00 AM to 11:00 PM on the day of the event. 12. That the CITY shall furnish, at its expense, the following: Police and Security Personnel The number of uniformed police officers and security personnel required for security and disciplinary control, within and the } $1 -803 I immediate area without the stadium,shall be mutually deter- mined by the parties and assigned by the CITY. 13. That no liability shall be incurred by either of the parties hereto should the Orange Bowl Stadium, during the term of this agreement, be condemned, become unfit for the Orange Blossom Classic game to be played or staged therein because of any Act of God or public enemy, or is closed to the public by the CITY or through government action, during any year that the event is to be staged. 14. That, in the event the Orange Bowl Stadium is condemned or is too damaged due to fire, windstorm, or other catastrophe, and the CITY decides not to repair or rebuild, either party may cancel, terminate, and declare this agreement null and void. 15. That, in the event that the CITY at some point of time in the future makes the decision to build a new stadium and to abandon the use of the present Orange Bowl Stadium for major football games, then and in that event, the CITY will have the option of cancelling this agreement upon one year's written notice to the UNIVERSITY, but the CITY will provide the UNIVERSITY the first option for use of the new stadium under the mutually agreed upon conditions. 16. That the CITY will control all concession rights at all events staged within the Orange Bowl and its grounds. UNIVERSITY will retain the right to sell football programs at the stadium and on stadium grounds. 17. That the Concessionaire's employees, necessary to perform the Concessionaire's obligation under its contract with the CITY, shall be ad- mitted free of charge during the staging of these games. 18. That authorized CITY employees shall have the right of ingress and egress to the Orange Bowl at any time, except that during UNIVERSITY games held pursuant hereto, only those employees who are actually performing services at that time and who have assignment identification shall be ad - witted to the Orange Bowl without payment of regular admission charges, and public officials not actually performing services shall not be admitted with- out admission tickets. A list of such working personnel shall be supplied to t - 4 - ;i the '�:JZ :'Sr 3Z i z two hours before game. s 19. That the UNIVERSITY agress to assume all risk of loss, injury ur damage of any kind or nature whatsoever to any personal property or equipment of the UNIVERSITY or the visiting teams, except such losses as may be directly attributable to the CITY through its agents, servants, or employees. 20. That the UNIVERSITY shall obtain at its sole cost and expense public liability insurance in the amounts of not less than $100,000 for each occurrence and $50,000 per person for judgments entered against UNIVERSITY and the CITY shall be one of the named insure is in paid policy. The policy of insurance shall pro- vide that the CITY be given at least thirty (30) days advance written notice of cancellation of said policy. A certificate of insurance shall be provided to the CITY prior to the execution of this agreement. The insurance coverage required herein shall be reviewed and approved by the CITY'S Director of the Division of Property Management. This coverage shall be consistent with the terms of 768.28, Florida Statutes. 21. That the UNIVERSITY shall make no additions, partitions, improve- - ments or alterations of a permanent nature to the physical structure of the Orange Bowl Stadium or any part thereof without first having obtained the written consent of the CITY. All requests shall be in writing and shall include plans and specifi- cations pertaining thereto. All alterations, improvements, additions or partitions made or installed by the UNIVERSITY shall become either the property of the CITY or the space will be returned to its original state at the option of the UNIVERSITY upon the expiration of this agreement. All such alterations, improvements, addi- tions or partitions as set forth herein shall be made at the UNIVERSITY'S sole cost and expense. 22. That the UNIVERSITY agrees that the stadium area within the lower level or "old" press box structure designated by the CITY as CITY V.I.P. box shall henceforth be specifically excluded from use by the UNIVERSITY, and shall be re— served for exclusive use by CITY officials and their guests for viewing of the UNIVERSITY'S football games. The UNIVERSITY shall provide game tickets for the V.I.P. box in a maximum number of ten (10) per game, to be purchased by the CITY from the UNIVERSITY upon notice from the Orange Bowl Stadium Manager of the CITY'S desire to utilize the said box. The price to be paid to the UNIVERSITY for such tickets shall be the same price which the UNIVERSITY shall charge for its 50-yard line chairback, or box seats at the Orange Bowl Stadium, and payment shall be made to the UNIVERSITY at the time of purchase. Any and all notices of purchase shall 1 _ _:3Q.. 7:a f c -.:3 _�:. h - tad r_-_ c'r.zr.�e yowl Stadium :dars�a i - S - ,51-803 written notice by registered or certified mail or delivered to: FLORIDA A&M UNIVERSITY P.O. Box 287 Tallahassee, Florida 32307 shall constitute sufficient notice to the UNIVERSITY, and written notice mailed by registered or certified mail or delivered to: CITY MANAGER City of Miami City Hall Dinner Key Miami, Florida 33133 shall constitute sufficient notice to the CITY to comply with the terms of this agreement, except as either shall notify the other party of a change of address by registered or certified mail. 24. That the captions contained in this agreement are inserted only as a matter of convenience and for reference and in no way define, limit or prescribe the scope of this agreement or the intent of any provision thereof. 25. That this agreement shall be binding upon the CITY and the UNIVERSITY, their successors and assigns, and they shall abide by each of the terms and condi- tions hereof. IN WITNESS WREREOF, the CITY has caused these presents to be executed in duplicate in its name, signed by its City Manager and attested by its City Clerk, and has caused its corporate seal to be hereto affixed, and the UNIVERSITY has caused these presents to be executed in duplicate in its name, signed by the Athletic Director and signed by its President. ATTEST: BY City Clerk PREPARED AND APPROVED BY: Robert F. Clark Assistant City Attorney APPROVED AS TO FORM AND CORRECTNESS: George F. Knox, Jr. City Attorney r CITY OF MIAMI, a municipal corporation of the State of Florida BY City Manager FLORIDA AGRICULTURAL AND MECHANICAL UNIVERSITY B B' APPROVED AS TO FORM, BUT LEGALITY , SUBJECT TO EXECUTION BY ALL PARTIE OFFICE OF THE UNIVERSITY �0f�• CITY OF MIAMI. FLORIDA '19. Cill !-TIih! arfiee't4idrfI0RANDUM i i i : 25 -O Howard V. Gary t6 ( AUG ' fo T July 29, 1981 FILE City Manager sueJECt 1981 - Florida Agricultural and and Mechanical University three year Orange Blossom Program. FROM Cesar Odio �A/ REFERENCES Assistant City Manager Draft Resolution ENCLOSURES Memo to Law Department Signed Agreement It is recommended that the request of Florida Agricultural and Mechanical University to use the Orange Bowl Stadium for their annual Orange Blossom Classic, beginning _ October 21, 1981 and continuing annually through the 1983 Football Season, be approved as per the attached resolution. In the past, the City Commission of the City of Miami has granted the use of the Orange Bowl for the Orange Blossom Classic at a rate of ten percent of gross admis- sion, less taxes. The University maintains its own box office, ticket sellers, ticket takers and ushers for the event. The University must keep accurate and complete records and accounts of ticket sales. The City furnishes security within and without the stadium. The University furnishes all insurance requirements. The Department of Stadiums recommends the approval of this contract. E i cc: George F. Knox, Jr., City Attorney R. L. Jennings, Director Stadiums and Marinas Walter E. Golby, Stadiums Manager 81 -8UIt, CITY OF MIAMI. PLORIVA INTER -OFFICE MEMORANOW4 F. xno2z, Jr. DATTY City Attorney July 29, .1981 SUBJECT: Resolution - 1981 Florida 14 ..Agrio4tural and ftab-n4cal-; iversfty I year progrou N. Golby '.ttr-dtd -2'-"" RZFERENCESt t 'of Sta—_ ENCLOBURES- .biaft 'ItasoiALon Signed Agreement VL q. ass Pr*p4re for the 'earliest Covaission. memeting, A RssolutAon flowing '72oridd Agricultural and Mechanical VAivexv Itr the use a orange DWI Stadimifor the purpose of playing its Oran" am Classic football games beginning October 21,11981, then annually through the 1983 football season. Basically, this is the saw acetract r*A.H.Vo* has enjoyed in the past. 'ICY The Departmwt of Stadiums recoamends tba "app roval,*f the date and. use of the stadium an outlined above* act Howard V. Gary, City Manager Cesar Odio, Assistant City Manager R. L. Jennings, Director Stadium and Marinas- *Z' . .. 4 _'. -.1 "'V = 2Y�k "It P-uq, jk_ee w4w. AL CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM TO: Cesar Odio DATE July 299 1981 FILE Assistant City Manager 1981-Floride Agricultural an Mechanical University Three .r Years Orange Blossom Program FROM ZZWalter E. Golby REFERENCES: Stadiums Manages r Draft Resolution Department of Stadiums ENCLOSURESNew to Department Signed Agreement _ Enclosed please find a copy of a letter from Mr. Roosevelt Wilson, Interim Athletic Director to the Stadium Manager, requesting the use of the Orange Bowl Stadium for the Annual Orange Blossom Classic Football Games begining October 24, 1981 and options for the years 1982 and 19h. In the past, the City Manager has recommended Commission approval for this went. Please include this item on the September 10, 1981 City Commission Agenda package. WEG/mb cc: George F. Knox Jr. Cityy Attorney a.L. Jennings — � Director Stadiums And Marinas 'Ivrrtrtrul#ural PubjerzitV Tnu s0 ribs 21► CODES 32007 OEPAR704914T OF ATHLETICS July 21, 1981 Mr. Walter E. Golby Stadiums Manager City of Miami Department of Stadiums and Marinas P. 0. Box 330708 Miami, Florida 33133 —� Dear Mr. Golby: Enclosed are the original and three copies of an agreement for use of the Orange Bowl Stadium by Florida A&M University for the Orange Blossom Classic for three years. _ Thank you for your assistance in this matter and hope the City -{ Commission will give its final approval to the new agreements. Yours truly, Roosevelt Wilson - Interim Athletic Director RW:lwh 11 Enclosures FAMU IS AN EQUAL OPPORTUNITY / EQUAL ACCESS UNIVERSITY