HomeMy WebLinkAboutR-79-0127"SUPPOPTIVE
DOCUMENTS
FOLLOW"
RESOLUTION NO. 7 9- 1 2 7
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO A NEW AGREEMENT WITH THE BALTIMORE BASEBALL
CLUB FOR USE OF THE MIAMI BASEBALL STADIUM BY THE
BALTIMORE ORIOLES BASEBALL TEAM FOR THE 1979 SPRING
TRAINING SEASON, THE CLUB HAVING THE OPTION TO RENEW
SAID AGREEMENT FROM YEAR TO YEAR UP TO AND INCLUDING
THE 1982 SPRING TRAINING SEASON.
WHEREAS, the Baltimore Baseball Club, Inc. have been leasing the
Miami Baseball Stadium from the City since 1961 for Spring training for the Baltimore
Orioles baseball team; and
WHEREAS, the most recent Agreement between the City and the Baltimore
Baseball Club, Inc. expired at the end of the 1978 Spring training season; and
WHEREAS, the Baltimore Baseball Club, Inc. has now requested a new
Agreement for the 1979 season, with an option to renew each year through and
including the 1982 Spring training season; and
WHEREAS, a new mutual Agreement has been negotiated between the
City and the Baltimore Baseball Club, Inc.;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. That the City Manager is hereby authorized to enter
into a new Agreement with the Baltimore Baseball Club, Inc. for use of the Miami
Baseball Stadium by the Baltimore Orioles baseball team for the 1979 Spring training
season; the club having the option to renew said Agreement from year to year up to
and including the 1982 Spring training season.
PASSED AND ADOPTED this 26th day of February , 1979.
MAURICE A. FERRE
Attest:
PREPARED AND APPROVED BY:
<&vuot
APPROVED AS TO FORM AND CORRECTNESS:
CITY ATTORNEY
MAYO R
"DOCUMENT INDEX
_ ITEM NO. i;_
CITl'CLERK
CITY COMMISSION
MEETING OF
FEB13 r ;:J
RESO UL•lN ► O..7.9 — 1
RE MAF!,(S: .....«..........
7
46
10:
e ning
Joseph R. Grassie
City Manager
R.
Department of Stadiums and Marinas
Director
January 30, 1979
Baltimore Orioles Agreement re
use of Miami Baseball Stadium
for Spring Training.
(1) Copy of Agreement.
``(2) Resolution authorizing the
-City--Manager -to--execute-----
the Agreement.
Through a succession of Agreements with the City, the
Baltimore Baseball Club, Inc. (Baltimore Orioles) have
been utilizing the Miami Baseball Stadium since 1961
for their Spring training each year from approximately
February 20th to April 1st. Their latest Agreement
expired with the end of the 1978 Spring training season
on April 1, 1978, and they have requested a new Agreement
for the 1979 season with an option to renew each year
through and including the 1982 Spring training season.
The new Agreement is attached as Enclosure (1) hereto
for your review, and the significant changes from the
previous Agreement are as follows:
1. Page 2, paragraph 2 (c) has been altered with their
consent to provide for an "official City of Miami box"
at their Spring training games. It is their desire
that we purchase tickets, but only for those seats
utilized.
2. Page 5, paragraph 4 (a) raises the percentage paid
by Baltimore from 207L of gross receipts to 21% of
gross receipts. Provision is also added to ensure
that the City cannot sustain financial losses from
Baltimore use of the stadium,.
3. Pages 5 and 6, paragraph 4(b) provides that the City
shall join Baltimore in appealing any unjust prop-
erty taxes levied on Baltimore with respect to
the Agreement and that if any tax legislation is
adopted which adversely affects Baltimore they
shall have the option of terminating the Agreement
within 30 days of adoption of such legislation.
Page 1 of 2
w 7 9 - 1 2T
Joseph R. Grassie January 30, 1979
4. Page 7, paragraph 8 provides that the City will pay
stadium event costs other than crowd -control. This
was a trade-off made in exchange for the additional 1%
of gross receipts tc be paid by Baltimore to the City.
5. Pages 7 and 8, paragraph 9 (a) adds a provision
whereby the City stipulates that it will not allow
ft
festival seating events at the stadium between each
January 10 and February 20 in order to provide the
best possible playing field to Baltimore for their
Spring training.
6.. Page 8, paragraph 9 (c) provides that the City clean
and provide supplies for the public areas (rest rooms,
ramps, lobbies, grandstand, etc.).
7. Page 10, paragraph 14 on "Assignability" has been
altered to provide for approval of the City, not to
be unreasonably withheld; except if the Agreement is
assigned or transferred to a parent, subsidiary, or
related company of Baltimore, under which circumstance
City approval is not required.
8. Page 11, paragraph 19, now is changed by Baltimore to
specify the offices which they may utilize. The
change is agreeable to this Department.
The Department of Stadiums and Marinas recommends that the
City Commission pass and adopt the Resolution attached hereto
as Enclosure (2), authorizing the City Manager to execute
the subject Agreement between the City and the Baltimore
Baseball Club, Inc.
RLJ:cb
cc: City Attorney
Page 2 of 2
•
AGREEMENT
• 1-/
THIS AGREEMENT, made and entered into this day
of , 197 , by and between the City of Miami, a
municipal corporation of the State of Florida, (hereinafter
referred to as "CITY"), and BALTIMORE BASEBALL CLUB, INC., a
Missouri corporation, (hereinafter referred to as Vte "CLUB"). •
WITNESSET
WHEREAS, the CITY is the owner of the following
described property, situate, lying and being in the City of
Miami, Dade County, /lorida, and more particularly describes:
as follows to wit:
i
._,,L) 1 lIt % S I
D0C'�r,r.
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and;
The South 933.E:; feet of the W 1/2 of
the NE 1/4 of the EE 1/4 of Section 26,
53-S 41 East, lying in Township J� ✓, Range �. y�..�, .
Dade County, Florlc a, containing 14
acres; excepting therefrom the West 25
feet, the South 25 feet, and the East 25
feet thereof, used and to be used hereafter
for public road and street purposes and
purposes incidental thereto.
WHEREAS, the said real property has heretofore been
improved by the construction of a stadium thereon known as
"The Miami Stadium", furnished with suitable landscaping and
furniture, fixtures ar.d equipment, considered as a part of the
improvements to said real property, all for the purpose of
making said property usable as a sport stadium including parking
facilities located thereon; which Stadium and facilities
appurtenant thereto are more fully hereinafter described in
Paragraph 2; and
WHEREAS, the CLUB operates a Major League baseball
team in the American League of Professional Baseball Clubs
known as the Baltimore Orioles;
NOW, THEREFORE, in consideration of the premises and
the mutual covenants hereinafter contained to be observed and
performed, the parties do hereby agree as follows:
1. Purpose
The CITY hereby grants to the CLUB the privilege
of using the Miami Stadium for the purpose of holding its spring
training practice, try -out and exercise sessions, and the
playing of pre -major league season exhibition games, all here-
inafter referred to as "baseball events".
2. Stadium Premises
(a) The Premises which the CLUB shall have the
right to use under this Agreement shall include the entire playing
area with all seating facilities for use of spectators, together
with all lobbies, raps, washroom facilities, other public areas
necessary for the presentation of baseball events, ticket booths,
press box lounges (with the exception of the lounge on the East
end of the press box overlooking the playing field), dugout
lounges, together with furnishings, furniture and fixtures, climb
house facilities, and public address booth, (all hereinafter
collectively referred to a^ either the "Stadium" or the "Premises"),
subject to the provisions of Paragraph 16 of this Agreement.
(b) The Premises shall also include an area or
space as mutually agreed upon between CITY and CLUB to be used
by the CLUB for its offices, as stipulated in paragraph 19 hereto.
(c) The lounge(or box) on the last end of the
Press Box structure has been specifically excluded from use by
the CLUB, as hereinabove provided in Paragraph 2(a), and such
lounge (or box) shall be reserved for use by the City of Miami
as an "official City Box" during Baltimore Orioles Spring Training.
CLUB agrees that this official City Box may be utilized by CITY
officials and their guests for viewing of Baltimore Orioles
spring training games, or events, and that the CLUB shall provide
games tickets for the said official City Box, in a maximum amount
of twenty (20) per game, to be purchased by CITY from CLUB upon
notice from CITY of its desire to utilize the said Box. The
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price to be paid to the CLUB for such tickets shall be the same
price which the CLUB shall charge for other box seats at the
Stadium and payment shall be made to the CLUB at the time of
purchase. Any and all notices of purchase shall be ;made on behalf
of the CITY only by the Director of Stadiums and Marinas, cr his
duly authorized representative.
(d) Also excluded fro.., this Agreement are certain
,: areas such as the communications equipment space;, oncessior. and
•: Stadium Manager storage rooms; office space other than that
allocated to the CLUB; ar.d the concession office, commissary, and
storage areas necessary or incidental to the operation of the
concession stands.
(e) In the event additional space is required for
baseball facilities by the CLUB, said space may be made available,
if feasible, by the City Manager cr his designee.
3. Term
(a) The CITY hereby grants to CLUB ar.d the CLUB
hereby accepts from CITY the non-exclusive right to use the
Stadium during the 1979 "spring training season", as said term
is hereinafter defined in Paragraph 3(b). The CLUB shall have
the right to use the Stadium for baseball events of the Balti-
more Orioles, as hereinabove referred to in Paragraph 1, on
those dates when the Baltimore Orioles shall be scheduled to hold
practice, try -out and exercise sessions, play pre -major league
season exhibition games, or the Baltimore Orioles shall be
conducting other baseball events deemed by the Stadium Manager to
be suitable for the Premises. Except for those dates on which
the CLUB shall be using the Stadium, the Stadium may be used by
others as hereinafter provided in Paragraph 16.
(b) The "spring training season" of the Baltimore
Orioles shall be deemed by the parties to this Agreement to
commence or. February 20 of each year during the term hereof and
shall terminate on April 7, or on the day immediately next
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DOCUMENTS
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succeeding the date of the last such practice session (or pre -season
exhibition game, as the case may be) held at the Stadiam prior to
the opening of the Major League Baseball Season, whichever date
is later.
(c) in the event this Agreement is not terminated
as ir. this Paragraph 3(c) provided, the CLUB shall have the
option to renew this Agreement, from year to year,rup to and
including the spring training season of 1982, pr olced that the
l
renewal for each such year must be made by notice, in writing,
given to the City thethirty
n:a..ager of C�,.,� of�:i&:�i at least
(30) days prior to July 1, 1979, for the 1980 spring training season,
and at least thirty (3C) days prior to July 1 of any succeeding
year for the next ensuing spring training season. However, in
the event the City Commissioners of the City of :: ami authorize
the sale of the Premises, or in the event the Premises are i.edvd
for a municipal purpose other than baseball, or in the event
that the CITY desires to use the Premises for other than staging
stadium events, the CITY shall have the right to vitiate such
renewal option and terminate this Agreement with respect to any
of the said spring training seasons, provided the CITY shall have
given the CLUB written notice of such termination at least thirty
(30) days prior to November 1, 1978, for the 1979 spring trair.ir.E;,
season, or July 1 of any succeeding year for the next ensuing
spring training season during the term hereof and CLU3 agrees
to vacate the Premises within. thirty (30) days from, the sate of
receipt of such notice. Any such notice of vitiation and termi-
nation received by the CLUB subsequent to October 1, 1978, as to
the 1979 spring training season, or subsequent to June 1, of any
succeeding year for the next ensuing spring training season
during the term hereof shall be ineffectual to terminate this
Agreement (should the CLU3 have exercised its option to renew)
for such spring training season..
(d) Nothing contained in this Paragraph 3 shall be
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construed as vesting in the CLUB the exclusive control and
dominion of the Stadium, but :merely granting to the CLUB the
right to the unobstructed use thereof dur in ,, those dates when
the Baltimore Orioles shall hold baseball events as herel..a.bove
referred to in Paragraph 1 during the 1979 spring training season
and any subsequent spring training season for which the CCU
shall have exercised its cation, as rereinabove provided.
4. Fees and Charges for Use '
r
(a) For the right to uze the Stadium as : e» i _
provided the CLUB shall pay to the CITY a sun equal to twenty-one
(215) percent of the "gross stadium receipts" obtained by the
CLUB from any evert for which the public pays to be present
during the term of this Agreement. The total sum paid by the
CLUB to the City for each spring training season: covered .by this
Agreement shall not, however, be less than the actual costs
reasonably • l incurred by t CITY
_ r. : the t _ ..- for the
ec.SGr.aG�j nCl;k. , eG �:.0 l.._.. � �.. operating �..c. S„adiu... i G ,,..e
CLUB'S events, as hereinafter provided in Paragraph 8, during
such spring training season. If the total revenue received by
the CITY from the CLUB, as in this Paragraph 4(a) provided, shall
be less than the actual costs reasonably incurred by the CITY in
operating the Stadium for the CLUB'S events during such season,
the CITY shall submit to the CLUB an invoice for the shortage,
together with a verification of a1l such costs, at the end of the
spring training season and the CLUB hereby agrees to promptly
remit payment for the amount invoiced. CITY hereby represents
that the costs of operating the Stadium for the CLUB'S events
shall be consistent with such costs of operation incurred by the
CITY in previous years.
(b) For the purpose of computing and determining
the amount due the CITY, the tern,. "gross stadium receipts" is
defines, to mean the gross receipts received by the CLUB from.
admissions (excluding State of Florida sales tax remittances,
any tax which may be imposed upon this Agreement by the City of
Miami through a local admissions tax, if any; and Federal and
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DOCU `E..-t .�
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• `
State admissions taxes, if any) for all games played at the Stadium
by the Baltimore Orioles for which the public pays to be present
during the term of this Agreement. If any new tax legislation is
adopted which adversely affects the CLUB, then the CLUB shall
also have the option of terminating this Agreement with the CITY
within thirty (30) days after adoption of said legislation.
5. Nature and Construction of Agreement
Notwithstanding anything contained herein to the
contrary whatsoever, this Agreement is not intended to create,
nor shall it be construed as creating or constituting, a lease
between the parties or vesting any leasehold estate in CLUB or
establishing the relationship of landlord and tenant.
6. Nature and Extent of Charges
The fees and charges for the use of the Stadium,
as hereinabove provided in Paragraph 4, shall not constitute
rental and shall not be construed as being rental but shall be
considered only as fees and charges for the right to use the Stadium
on the dates so used, as above set forth.
7. Advertising, Parking Facilities & Scoreboards
(a) The CITY shall retain control and shall have
the exclusive right to place any and all advertising upon the
Premises during any spring training season covered by this Agreement.
(b) The CLUB shall have the exclusive right to
sell scorecards and programs, the revenue of which shall be the
sole property of CLUB.
(c) The CITY shall retain the exclusive right to
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provide for and control all parking facilities at the Stadium.
(d) The CITY shall retain the exclusive right to
operate and control all other activities not specifically
granted and/or delegated to CLUB herein.
8. Operati. : Costs
The CITY shall pay for all operating costs and
expenses during the spring training sessions, game and events
scheduled and accomplished by the CLUB hereunder;7axcept for
ushers, ticket takers, and ticket sellers. In this regard, the
CITY shall furnish and pay for adequate police protection and
other personnel necessary for the operation of she : adiu:r i.:
order to accommodate as well as protect the public during all
home exhibition games for which a charge is made to the public
to attend. CITY represents and warrants that the services to be
provided by the CITY hereunder shall be consistent with those
provided by the parties in previous years without any diminution
in such services.
9. Maintenance of Stadium, Playinr Field and Grounds
(a) The CITY shall prepare the baseball field in
a manner which will facilitate its being played upon, inclusive
of appropriate markings, and shall deliver the field to the CLUB
in a condition consistent withmaor league training camp standards
at such times as the CLUB is scheduled to use the Stadium. The
CITY shall be solely responsible for maintaining the baseball
playing and practice areas in a condition which meets with
acceptable spring training ra„or league standards and hereby agrees
that such standard of maintenance shall be at least the same
degree of maintenance which has been undertaken in prior years.
The CITY shall be responsible for the employment and payment of
all groundskeepers and custodians as may be required in order to
carry out its obligations under this paragraph, which shall include
employment and payment of groundskeepers and custodians for use
during the CLUB'S home exhibition games. CITY agrees that it
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will not book any event utilizing festival seating on the field
between January 10 and February 20 of each year of this Agreement.
(b) The CITY shall, at its sole cost arc expense,
maintain the scoreboard and its appurtenances and all et:. ;:
equipment located at the Stadium necessary for th- ut' ' ien
of the Stadium by the CLUB, as herein provided. The CIT.' wf.11
not be responsible to furnish any heavy or light ...gorized
S equip: er.t to the CLUB unless such equipment is opeftted by CITY
personnel.
(c) The CITY shall deliver the Stadium to he
CLUB on the first day of each spring training season duri:-." t:.e
term hereof in a clean and sanitary condition, but, subsequent
thereto, the CLUB shall provide its own janitorial service for
the locker rooms, press box, office spaces, dugouts, lounges,,
ticket booths, and other areas utilized exclusively by the CLUB,
and the CITY shall be solely responsible for clean-up of the
public areas such as the gr'ands mar.::, lobbies, ramps and rest -
rooms. The CITY shall also provide any necessary supplies for the
aforementioned public areas.
(d) The CITY fui.th er agrees that it shall be
responsible, at its sole cost and expense, to keep the parking
areas in good condition, maintenance and repair and to clearthe
said parking areas after every baseball event in which the CLUB
is either involved or which e C U:-, booked and, in addition,
tut'. CITY shall clean the entire Stadium after any event that has
been booked or scheduled, by the CITY during each spring training
season during the term hereof.
10. Ut;.ltics
The CITY shall pay all electric, gas and water
charges, and CLUB shall pay all other utility charges incurred
by the CLUB during the term of this Agreement, and any extension
hereof.
_g_
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• •
11. Concessions
The CLUB understands that the exclusive privilege
for food and beverage sales at the Stadium has been granted by
the CITY to a concessionaire. The CLUB, therefore, shall not
be permitted to sell or permit the sale of any foot and/or
beverage in connection with its everts without concessionaire
approval.
12. Indemnification. by CLUB
Yr-
a
The CLUB agrees to save and hold harmless the
CITY in the event of any claim or le,L'al proceeding either in
equity or at law arising under contract or tort liability from
the CLUB' S operation and t:.c VLUB' J L.ze of the Stadium- and agrees
during; the ter: of this Agreement to carry insurance as follows:
(a) A public liabilit;, insurance policy protecting
•U
the parties hereto, their servants, agents, employees Or
G.JJi� n.5,
from loss or damage because of any liability that may be incurred
by the parties hereto or either o: the:: in the performance o:
this Agreement, or under the terms s cf this Agreement when such
linjury or death of any person
liability arises O account of to`
or persons. Such policy shall provide for a liability limit
on account of each accident resulting in bodily injury or death
to oneperson of not less than ^ l;
wi��,uvu.0v, and a liability
limit on account of an accident resulting, in bodily injury or
death to .:.ore than one person of not less than $303, 003. 0:.
(b) A property damage insurance policy protecting
parties hereto from loss or damage be 'ause of liability that
t hC
may be incurred by the pdr ties hereto, their servants, agents, ,
employees, or assigns, in time performance of this Agreement or
the use of the property under this Agreement w:.en such liability
is imposed on account of loss or damage sustained by others to
property owned or possessed by the;. Such policy shall provide
for a liability limit on account of each accident of not less
than $5,000.00.
(c) An executed copy or copies of such policy
or policies shall be furnished to the CITY or in lieu thereof,
9- 79-127
other evidence •icating that such policy • policies have been
obtained, on or before the time that CLUE occupies the Stadi•_^
at the beginning of each spring training season Curing the ter:
hereof.
Alterations and Additions
(a) CLUB agrees to :^.a .ce no alteret: ons er a= t
. On s
to the physical structure of the Stadiur without first ob'ta
the approval, in writing, of the City Manager, and any alteration
•
or addition so aptroved shall be made at the sole c$st of CL:;:.
°'Thc CLUB agrees to repair any damage resulting fror CL[T3' S e,.-
.
elusive use of any fix4-
appliances, furniture O" a'»yr'-^-
nances of the Stadium, caused by any act of the CLUB, other than
normal wear end tear, or to pay or cause to be paid to CITY any
bil=S incurred for such necessary repairs.
(b) Addit,ons, fixtures or improvements which may
be installed by CLUB, exceair conditioners, movable equipment,
office furniture and fur-:._7.._nc7, :.,plies, baseball ec,u_prent
and any o a...e_ items ems in .._.e nature O:_ personaity, shall become the
property of C_TY and shall remain upon the Premises as a part
thereof and shall be surrendered with the Premises upon the
tera?_nation of this Agreement. r em n
t. CLUB shall supply and ma_nta_n
its own air conditioners.
SUPPO^y;
CUMEN
(a) The CLUB shall have the right, without FOLLOW
prior approval or consent of the CITY, to assign and transfer �'
this Agreement, or any portion of its rights to use the Stadium
as in this Agree 'ent set forth, to any parent, subsidiary cr
related company of CLUB.
(b) In the event that the CLUB shall sell the
Baltimore Orioles, the CL.,J shall have the right to assign and
transfer this Agreement, or any portion of its rights to the use
of the Stadium as in this Agreement set tortb, to such c::a or
or purchasers, subject to the prior written approval of CI"'? and
_4. Assien
i accordance with pr r ^ • lJ. r set
n �.cce �.._ the � _o•.►� _o s hereinafter
Para ra ph 11.
fort:z _n this
(c) Except as herein set forth, CLUB shall not
ass: gn this Agreement, or any portion of its rights to the use
79-127
• •
,-
LAJ....�
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Cl"
�Q�
f_..:.
• ..••`. ✓LM•wa MN. •.J a.• bur.. ..,...a.\.V •.. \.••1. 16+%...011'%; •Lr✓b
obtaining the written consent of CITY.
(d) In the even;: ;.hat CLUB shall sell the Beltiele \.
Orioles CLUB �-h- ' ' within thirty`r z , ✓ 4a1, �\ib..ar. (30) days i:r\.�l receipt of
approval of such sale by the Americee League, noti y CITY o
such approval, which netificatioe shall be c:ee:,-.;:G to
request to the CITY for its consent to the assignment eed
transfer of this Agreement to such purchaser or percheecee.
(e) V.hereever the approval or cortent b the Cl:Y z
any assignment or transfer shall be eequir :d ;:eeeeede
assignment to a purchaser of the ✓eitia,ore Orioles),
CT T-r
V r �
thirty Div) deye following the dete of en y eech reeeesis
ehell within
eeeify eeee ee wieeieg o: . to ui.eie-iee Le i..�ipeeve ul .- y
eV 4i b S6.\.•.• �JJalrii..\:r.t or ..r4r.:.+r\:l 4..V ainL.1\: lr..b .....e CITY ✓....—r 4
.p: ove eey such essignmenb or transfer, it ehel►, in :+4.\.•• ..eieeee
nobariceeion, eaplica..y eeeee 1..:+ eeaecns for eech di.ri...` ..r••'.• V•..r.
��
Shoeld CITY fell or rcf.••ee tc no:;afy CLUB of
4p erO V41 Vr 4uy Seee
eeeig.•..eee end trenefer
- r
epprovel aim \.
wa b..ln .L eid ....rr ..`/
\JV� c..y period, it shell be conclesl Vely presumed 1...4b seee
4 iJpr OVc.i and C.Ou:.. l.:u t .i..J been greeted by Cl
(f) The parties expressly
4 crC.l:, b•.Gb
now...ehet-.� 4r.
eny disapprove' by the CITY end eotw i bhp tandin eny p rova.7reee .. `a..
r - , , the CLUL - th L .. Cei
Cr �:. ..ul:i�4 bpi ,.•.e core .,ra..r��, :7;:O �.:l�. ...,c.. sell VuV. ri...+ti:.:vr �_ V- Va4..
end such sale shall have been approved by the American Leee,u :, then,
in the event that CLUB shell ; eve elected to renew t ie egee mee
for the next succeeding spring treining season, as her: i nabov
provided in Paragraph “c) ,
CITr
shell nevertheless pc e ie eech
purchaser or purchasers to use the stadium in accordance wieh the
terms of this agreement, at the election of such purci:ascr oe pure
chasers, for the said sprieg training season for which the CL.. ✓
shall have so elected to renew this Agreement.
(g) In all cases where consent or app rovel C.:: t;'.::
CITY is required pursuaet to this Paragraph 14, the copse::;: or
approval of the CITY shell not be unreason biy withheld.
15. Risk of Loss
All personal property placed or : �ovcc: in the: Stedi:::a
by the CLUB shall be at the risk of the CLUB or the owner thereof,
and the CITY shall not be liable for any damage to said personal
property, unless siad damages arise from the negligence or actions
of the CITY or it:: e gC:r.L:: , eceveete, employees or assiges .
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16. Use of Stadium
The CLUB shall furnish the City Stadium Manager
with its spring training schedule prior to the commencement of
each baseball spring training season covered by this Agreement
and any modifications or changes therein as may occur, from
time to time, thereafter. Except for those dates when CL;;:,
shall be using the Stadium for baseball events, a; hereinabove
described in Paragraph 1, the CITY shall have th ight and:
privilege of ;;sing and scheduling the Stadium for other events.
:V is understood that CITY
willendeavor to protect the playing
field during any event scheduled by it during the spring train-
ing d will r mindful that t it .. - i r the
season(s) arll. er:w_.. ..._.. : u V..G V must deliver
fieldthe 3 `r ng and plying purposes in the
e 1. to V..C. CAL for V G� -..� %.•�.: 4
condition as hereinabove provided.
17. Rad o anc. . , ev
All radio and television broadcasts shall be
w v I t• t t •r 2 • 1 J 4 f
�.rll.er V:.e eor.Vro.. a.:d �.:t; : espO n5_oy�, Vy 0. the CLUB and any
and all profit derives therefrom shall be the exclusive property
-� of the CLUB.
:.J ":'� 18. Inventory
�-� `) On or before the date of actual use of the Stadium
0 by the CLUB, as hereinabove provided, both parties agree that
an inventory shall be made of all equipment and personal property,
and at the termination of this Agreement all said equipment
and personal property shall be returned to the CITY in good
and operable condition less only ordinary wear and tear.
19. Office Space:
CITY hereby grants to CLUB a right to utilize
office space on the second floor of the "Tower" at the Stadium.
City Manager shall provide CLUE wit:. a minimum of four office
areas which _ may be uVil..- basis, 1LCby �the1.��3, On a daily o,
for any day or any number of days as CLUB shall so desire during
the term of this Agreement. There shall be no additional fee
and charge made by the CITY to the CLUB for any such use of
office space.
- 11 - 79-127
20. Ingress and Egress of CITY
Authorized CITY employees shall have the right
to ingress and egress, at all times to the Stadium. Reasonable
rules and r c::",u1atio .., lii': w:, 1. j .I.
Stadium Manager assuring adequate security of the.: Stadium. ::G
exceptions shall be made to the aforementioned ntioned rules and procedure
for any CITY employees unless and until a written teeuest shall
r be presented to the CLUB by the City Manager and/oithe Director
of Stadiums and Marinas.
21. Books and Records
e C ^h ' ..� shall r:alie available to the CITY and
the CITY shall have :e r rht ins t., all reasonable tt% �4 �' 1. at 4li
times, the CLUB'S books and records reflecting gross Stadium
receipts, as hereinabove defined _n ParaF7raph 4.
22. Pavrient
For each spring training season covered by this
Agreement, the CITY shall submit to the CLUB, at the conclusion
of that spring training season (or at such other time as may be
specified by the CITY), an invoice for the amount due from the
CLUB to the CITY for the use of the Stadium, as hereinabove
provided in Paragraph ., together with the verification of the
actual
C4- reasonably v`ai."y incurred - 4`..., CITY J
aV VMf:.� costs .2c...G..ca.��,f �..�...aa V�. by the i.. operating the
Stadium rby such
o the C��3' S warts for to period covered u
invoice, as he 'e.nabove provided in Paragraph 4(a).
C--B
shall within ten .0 \ days from t:ireceipt
O. said invoice,
and said verification ication of costs, , remit payment to the CITY in
accordance with said invoice.
r
payments by CLUB shall be
:Wade to Director of Finance, P. 0. Box 330708, Dinner Key, Miami,
Florida
33133.
23. Non -Discrimination
The CLUB agrees that there shall be no discrir:+-
nation as to race, color, creed or national origin in connection
- 12
"SUPPC::TI'/E
DCC i 'EN IS
79-127
•
•
with the use, maintenance and operation of the Stadium by the
CLUB.
24. Employees of the CLU_.
The CLUB shall require its employees who come in
contact with the public to be neat, clean, courteous and wear
suitable identification by which they may be known and distinguished
as employees of the CLUB.
25. Tnteg-"ateu A_reement
This Agreement contains the entire understanding
between the parties hereto and supersedes and makes .:u11 and
void any previous existi. ka eeme nt Uetwce:: the CITY &r CLUB
any may not be modified orally or in any other manner than by
an Agreement, in writing, signed by all of the parties to this
Agreement, or their respective successors or assigns.
26. ,notices
Any written notice to be giver. under this Agreement
shall be tailed or delivered to the following addressees:
Notce to the \ _tit
City nine' of the City of Yiami
P.
B^ 3 n 7 3 6 Y t 4 2 Y
O. .:.vl: JJv vJ ,Ccco..l:,, Crove $11abiou)
Notice to the Club:
Executive Nice :resident
Ealti::.o e Orioles
Xemoric l Stadium
Baltimore, farylard 21218
"SUPPORTIVE
DOCUMENTS
FOLLOW"
27. Paragrranh
Paragraph beadir.�;,s of this Agreement are not a
part of the substance of this A nee .er.t and shall have no effect
upon the construction or interpretation of any terms, conditions
or part of this Agreement.
28. Persons bound
This Agreement shall inure to the benefit of and
be binding upon the parties hereto, their successors and assigns.
- 13 -
79 - 1 27
•
•
c r� r� parties here-
unto WITNESS WHEREOF, the respective po. V.�J have ..t. e-
urto caused these presents to be signed, sealed and delivered 1
on the day and year first above written.
ATTEST:
CITY OF MIAMI, a municipal
corporation of thsiState of
Florida
By
CITY CLERK
ATTE..T:
CITY MANAGER
BALTIMORE BASEBALL CLUB, INC.
a Missouri corporation
By
SECRETARY
./
PREPARED AND APPROVED BY: APPROVED AS TO FC M AND CORRECTNESS:
TERRY V. PERCY G::ORGE F. KNOX, JR., CITY ATTORNEY
ASSISTANT CITY ATTORNEY
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i i uwiuiui�wu►►
79 1`17