HomeMy WebLinkAboutExhibitFIRST AMENDMENT TO USE AGREEMENT
BETWEEN THE CITY AND FLORIDA INTERNATIONAL UNIVERSITY
THIS FIRST AMENDMENT to the Use Agreement (the
"Agreement") is entered into this day of , 2007 by and between the City of
Miami, a municipal corporation of the State of Florida (the "City") and Florida International
University, a Florida public body corporate (hereinafter referred to as the "User" or "FIU") for the
purpose of amending the aforementioned Agreement dated August 20, 2007 between the City and
the User.
WHEREAS, on June 14, 2007, the City Commission adopted Resolution No. 07-0327
authorizing the City Manager to execute an agreement with FIU for the staging of their 2007 Florida
International University Football Season at the Miami Orange Bowl; and
WHEREAS, said agreement authorized the issuance of up to 750 comp tickets subject to the
payment of a ticket surcharge; and
WHEREAS, FIU has offered Miami -Dade County School Board several comp passes in
order to provide an opportunity for local school children to attend the games; and
WHEREAS, in an effort to increase interest in its football program, FIU has also offered
comp tickets to individuals that buy its 2008 season tickets; and
WHEREAS, FIU is requesting that the ticket surcharge be waived on all comp tickets so that
it may continue to encourage such programs; and
WHEREAS, the City benefits from increased attendance at games based on revenues it earns
from concessions and parking; and
WHEREAS, FIU's December 15t game will be the last college football stadium at the Orange
Bowl Stadium; and
WHEREAS, FIU has requested the City to partner with it in making the event a community
event, allowing a greater number of individuals and families to experience the magic of the Orange
Bowl prior to its demolition through the distribution of additional free passes; and
WHEREAS, the increased attendance will result in the need to provide additional City
services such as police, fire and clean-up; and
WHEREAS, the City Commission has determined it to be in the best interest of the parties to
partner with FIU in providing this co -sponsored community event as a thank you by the City for the
community's support throughout the years by providing a credit to FIU against monies due to the
City to off -set costs associated with the additional City services;
NOW THEREFORE, in consideration of mutual covenants hereinafter set forth and in
consideration of other valuable consideration the parties covenant and agree as follows:
1. Section 4, Subsection B of the Agreement is hereby amended to read as follows:
"B. The Ticket Surcharge is hereby waived."
2. A new Section 33 entitled "City Participation" is hereby added as follows:
"The User shall be entitled to receive up to a $10,000 credit against monies due
to the City for the purpose of funding additional City services associated with
providing a community event on December 1, 2007 in commemoration of the
last college football game at the Orange Bowl Stadium."
3. Except as specifically provided herein, all of the terms and provisions of the Agreement
shall remain in effect.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement of the day and
year first above written.
ATTEST: CITY OF MIAMI, a municipal
Corporation of the State of Florida.
By:
Priscilla A. Thompson Pedro G. Hernandez
City Clerk City Manager
APPROVED AS TO INSURANCE APPROVED AS TO FORM AND
REQUIREMENTS: CORRECTNESS:
LeeAnn Brehm, Administrator Jorge L. Fernandez
Department of Risk Management City Attorney
2
"USER"
Attest: Florida International University
Print Name:
Title:
Approved as to Form and
Legality
FIU Associate General Counsel
Print Name
By:
Print Name:
Title: '
3