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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