HomeMy WebLinkAboutR-79-0338"SUPPORTIVE.
DOCUMENTS
FOLLOW'
79-338
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO ENTER INTO A LONG-TERM AGREEMENT 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 BY SAID UNIVERSITY
FORA ONE-YEAR PERIOD, WITH THREE ADDI-
TIONAL ONE-YEAR OPTIONS OF THE UNIVERSITY,
IN ACCORDANCE WITH THE TERMS AND CONDITIONS
AS SET FORTH IN THE ATTACHED AGREEMENT.
WHEREAS, the Orange` Blossom Classic football game
thousands of both participants and spectators to the
has significant impact on the
therefore
draws
City of Miami and
economy of the City; and
WHEREAS, the City owns and operates the Miami Orange
Bowl Memorial Stadium, commonlyknown 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 the annual Orange Blossom
Classic; and
WHEREAS, the.. City and Florida A & M University are
mutually desirous of entering into a long-term` agreement for
the
playing of the annual Orange Blossom
at the Orange Bowl Stadium;
Claitot fj tic-1 fir`
ITEM NO.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSIN OF
THE CITY OF, MIAMI, FLORIDA:
Section 1. That the City Manager is hereby authorized
to enter into a long-term agreement with Florida A & University
Orange Bowl Stadium by said University for
for the use of the
the purpose of playing the annual Orange Blossom Classic football
game for a one-year period, with an option to renew said additional
additional years, in
contract
from year t,o year for three
accordance with the terms
attached agreement.
(3)
arid conditions as,
set forth in the
CITY COMMISSION
MEETING OF
MAY2 2 i5iy
aEaoumoN No 7 9 - 3 3
ii■nn ail 1lll 1111111111 III
Maurice A. Ferre
MAURICE A FERRE
MAYOR
PREPARED AND APPROVED
79-338
•
1
43,
,.a, Joseph R. Grassie
City Manager
rsicrn: .
St ad
r~
':ITY or MIAMI. FLORIDA
1N`rri2•OFFlCi; `iEM O ?ANDC.9.4-.3
April 24,
L.
Longterm agreement-for.use of
Orange Bowl Stadium for : the Fla.
A&�..M_University's'annual'Orange
irBlossom Classic football games.
EF.i,rN
(1)Copy of agreement executed
c:1LLLJ U (-s=. by <Fla. A . & M �Univ`.
424Dra t esolut :on--authorl:z-ing. --
City- Manager to. execute
agreement.
(3)Copy of memo to City Attorney
The Florida A & M University has for many years. played its
annual OrangeBlossom Classic Football Game at the Orange
BowiStadium. The' --City of'Miami'and`Florida A & M University
are mutually desirous of continuing the,;tradition and entering
into a 1ong-term contract for the playing ,of the `annual Orange
Blossom Classic football event at the Orange Bowl.
r
The new agreement, which is attached r r Your
froreview,tisyfor
a;. one-year period, with an option to
for three additional years.
The Department, of Stadiums &Marinas recommen-sachedtheretoeasity
Commssion pass and adopt the Resolution„ a
Enclosure (2) authorizing the ;City Manager to`execute the
subject agreement 'between the City.'=and the Florida A' & M
University..
"SUPPORTIVE
DOCUMENTS
FOLLOW"
;•4111FAt, rLU1l1DA
11)
George F. Knox,
City Attorney
Jennin
St.• ms & M
;xrf April 24', 1979
r•tLitt
term .agreement for use of
Orange Bowl Stadium for the Fla.
A & M University's Orange Blossom
Classic' football games.
(1) Five copies of agreement
r"' "'`'t'' executed by Fla. A & M Univ.
• (2) Draft
(3) Copy of memo to City Manager;
same subject
Enclosed herein are five copies of the subject agreement
as previously approved as to form and correctness by you
and as executed by the Florida A & M University, a draft
resolution prepared by this department for your "convenience,
'an.d a copy of my self-explanatory memorandum to the City
Manager
It would be appreciated" if you would ensure that this
matter be placed on the City Commission agenda of May 22,'
After all five copies are executed by the City of Miami
four of the copies are to be returned to the University.
c City Manager
ACM Cortina
"SUPPORTIVE
DOCUMENTS
FOLLOW"
1979.
-v
IT
m
AGREEMENT
FOR
FLORIDA AGRICULTURAL AND MECHANICAL UNIVERSITY
USE OF ORANGE BOWL STADIUM
THIS AGREEMENT, made and entered into this �(J _aay
of
1979, 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);
WITNESSET H:
WHEREAS, the Orange Blossom Classic football game draws
thousands of both participantsand '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
Blossom Classic; and
the Orange
WHEREAS, the UNIVERSITY has for many years staged its
annual Orange Blossom Classic football game at the Orange Bowl
Stadium, and desirestocontinue having the use of the Stadium
for the staging of the annual Orange Blossom Classic; and
WHEREAS, the CITY and Florida A & M:;University are
mutually desirous of entering into a long term 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
LJ PP "T!V6/E
f.,.J
LLUtfV
i
1
79-338
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
during a period of`one ':(1)'year beginning with the 1979
football season with an option tito renew this agreement from
year to year for three (3) additional years up to an including
the football season of 1982, for the purpose of playingits
annual Orange Blossom Classic football game at the Orange Bowl
Stadium, against an opponent team to be selected annually by the
UNIVERSITY. The UNIVERSITY shall give notice,in writing,.
to the CITY at least ninety (90) days prior. to the expiration
f the initial one (1) year term of this Agreement in the
that it desires
set =-forth
to exercise
the option' to extend a
event
hereinabove
That the UNIVERSITY may present the annua
Orange Blossom football.'classic at<the.orange Bowl' 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
University of Miami or the annual Orange Bowl Classic game.
Final determination 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
football schedule of the
Federal Regulations respecting the conduct' of televised N.C.A.A.
games.
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 t
the
terms
this agreement.
5• That the participants will be permitted reasonable
use of "th
e Orange Bowl Stadium for practice sessions prior to
the annual Orange Blossom Classic game.
6• That, in the event that through any cause, the
osin UNIVERSITY for the` Orange Blossom Classic game shall
opp g
� appearing then the��
fail to appear, or be prevented from
UNIVERSITY shall have the option of cancelling the Classic
TYVERSIRSI
without rental penalty being assessed by the CITY. The UNIVERSITY
shall be responsible for any actual expense incurred by
the CITY
in preparat
ion for an Orange Blossom Classic game which is sub-
sequently cancelled.
UNIVERSITY' HEREBY' AGREES:
` owned
7. That it will utilize„ theOrange BowlrStadium,
CITY, for one football gamey annually.
e (1) year beginning with the 1979 football`
option period, if exercised.
8. That it will pay the CITY, for the use of said
d game an admission tax of ten percent (.10%)
ion price derived from the said game by the
admission
and operated by the
period of on
and for the
Stadium for said
the gross
UNIVERSITY, less
for a
season-,
any Federal, State, or locally imposed taxes
payable from such admission price.
9 That the admission tax payable hereunder shall
b e the sole consideration payable by`the UNIVERSITY for its. use
of the` Stadium under this agreement, with the exception,
however, of actual expenses reasonably incurred by
the CITY for
personn
el necessary to afford the UNIVERSITY use;of the Stadium
vn other than the day on which the UNIVERSITY game occurs ,should
the UNIVERSITY require use of the Stadium for a pre -game practice.
10. That it will notify the CITY each and every
r on or before the first day. of March of the date on which
Yea
the Orange Blossom Classic game is to be played.
• 79-338
IT IS HEREBY MUTUALLY AGREED:
11 That the UNIVERSITY
office
or such other place approved by the city Manager- of 'the
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 to
the authorized representatives of the CITY during reasonable
business hours, to examine and audit'such records and accounts.
12.. That the UNIVERSITY shall furnish, at
personnel as required to stage its games.
CITY,
the following
shall keep available in its.
1
its expense,
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
will be to handle seating and normal
The UNIVERSITY will• have exclusive use
space as assigned by
function
crowd control.
of ticket office
Manager for administration of sales andpersonnel from
9:00 AM to 11:00 PM on the day of the event.
13. 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 immediate area without the stadium, shall
be mutually determined' by the parties and assigned by.
the Stadium
the CITY..
14. " That no liability
shall be incurred by either of
the parties hereto should the Orange Bowl Stadium, during the term
of thisagreement, be condemned, become unfit for the Orange
Blossom Classic game to be played or staged therein because of;any
�•1 r �
at all events
UNIVERSITY will .retain the right to
the stadium and on stadium grounds,
C1)c
Act of G
CITY or
is to b staged.
15. That, in the event the Orange Bowl" Stadium
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.
16. That, in the event that the CITY at some point
f time in the futuremakes 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 theUNIVERSITY, but the CITY willprovide the UNIVERSITY
the first option for use of the new stadium under the mutually
agreed upon conditions.
17. That the. CITY will control' all concession rights
staged within the Orange Bowi and its grounds.
sell football programs at
odorpublic enemy, or is closed to the public by the
through government action, during any year that the event
e
and be allowed the use of
the program roomGate 7.
18. That the Concessionaire's employees,`_ necessaryto
perform the Concessionaire's obligation under its contract with
the CITY, shall be admitted free of charge during the stagirig.of
these games.
19. That authorized CITY employees shall have the right,
,
of ingress and egress to the Orange Bowl.at any timeexcept 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 admitted to the Orange Bowl:
without payment charges
of regular admission
and no public officials?
79•338
not actually performing services shall
be admitted
list of such' working personnel shall be supplied tothe
tickets. A li.
UNIVERSITY two hours before game.
That the UNIVERSITY agrees to assume' all risk of`
20. ,
injury or,damage of any kind or nature whatsoever to any
loss, nJ y
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..
21. 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 judgmentsentered against UNIVERSITY ,and :the CITY shall be one
�Thepolicy of insurance shall
the named insureds in said policy.
Provide
that the CITY be given at least thirty (30) days advance
written notiCe of cancellation of said p
olicy A certificate of
insurance
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.
22. That the UNIVERSITY shall make no additions,
e rmanent � nature to
partitions, improvements or alterations of a p
the physical structure of the Orange ,Bowl Stadium or any part
thereof without first having obtained the writtenconsent of the
CITY. All requests shall be in writing and shall include plans
and specifications 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 origiflal state at the option of the UNIVERSITY
upon the expiration of this agreement. All such alterations,
without admission
improvements
additions. or partitions as set forth herein shall
be made at 'the UNIVERSITY'S sole cost and expense.
23'. Thatit is understood and agreed between the
Parties hereto that written notice by registered or certified
mail or delivered to:
FLORIDA A&M :UNIVERSITY
P.O. Box 287 Florida
Tallahassee,
shall constitute sufficient
written noticemailed by
to:
32307
notice to the UNIVERSITY, an
registered or certified mail or delivered
CITY MANAGER Hall
City of. Miami City
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 artof a change of address: by registered or certified
mail.
24. That the captions contained in this agreement
inserted only as`a matter` of convenience and for reference
are. 1
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 conditions hereof.
7 9 - 3 3 8
caused „these
IN WITNESS WHEREOF, the CITY has
signed by
presents to 'be executed 3n duplicate in its name,aged:
its CityClerk, and has ca .
its City Manager and attested by
its corporate seal to be hereto affixed, and the -UNIVERSITY has
cau
sed these presents to be execute in duplicate in its name,
signed by the Athletic Director and signed by
its President.
ATTEST::
BY
C-Clerk
CITY OF MIAMI, a municipal
corporation of the State of
Florida
City Manager
FLORIDA AGRICULTURAL AND
MECHANICAL UNIVERSITY.<<.
BY'
Athletic Director
aZ6E.A.si
Presi•ent
APPROVED AS TO FORM,
BUT LEGALITY
SUBJECT TO EXECUTION BY ALL PARTIES.
OFF1 E OF THE NIVERSITY AT O'NEY. I I
APPROVED AS TO FORM AND CORRECTNESS: BY -
DATE:
ity Attorney
Bish
. Holifield