HomeMy WebLinkAboutExhibit2EXHIBIT A
TERMINATION OF ORANGE BOWL STADIUM USE AGREEMENT
This Termination Agreement is entered into this day of
, 2008 by and between the City of Miami, a municipal
corporation of the State of Florida (the "City") and the University of Miami, a not for
profit corporation of the State of Florida (the "University").
RECITALS
WHEREAS, by a certain Use Agreement dated June 22, 1990, as amended (the
"Use Agreement"), the City authorized the University to utilize the Orange Bowl
Stadium (the "Stadium") for the staging of its home football games and related activities;
and
WHEREAS, the Use Agreement expires on June 22, 2010; and
WHEREAS, the City and the University desire to terminate the Use Agreement.
NOW, THEREFORE, in consideration of the mutual covenants contained herein
and other valuable consideration received, and with the intent to be legally bound, the
City and the University agree as follows:
1. The City and the University hereby mutually terminate the Use Agreement
effective December 31, 2007. The University hereby releases to City all
rights, title and interest in and to the Stadium that the University may have
acquired by reason of Use Agreement.
2. The University, at its sole cost, has removed all of its personal property from
the Stadium. The University acknowledges that any personal property
belonging to the University remaining on the Stadium property as of the date
of this Agreement, if any, shall be deemed abandoned by the University and
shall be deemed to be the sole personal property of the City. The City, at its
sole discretion and without liability, may remove and/or dispose of same as
City sees fit.
ors:Document UM OB Termination 116212 clean 5-6-08
3. The University shall execute simultaneously with the execution of this
Termination Agreement a Bill of Sale conveying to the City, at no cost and
free and clear of all liens and encumbrances, the scoreboard and related
peripherals.
4. City and University each hereby releases the other from any and all claims,
causes of action, demands and liabilities of whatever nature in connection
with the Use Agreement which either of them ever had, now has, or hereafter
may have, except for matters arising prior to the date of this Agreement. The
University hereby indemnifies the City for any claims against the City relating
to any contracts the University may have with third parties related to the use
of the Stadium pursuant to the Use Agreement specifically including but not
limited to claims relating to advertising and concession rights.
5. This Termination Agreement shall be binding upon and shall inure to the
benefit of City and University and their respective heirs, legal representatives,
successors and assigns.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed by their respective officials thereunto duly authorized, this the day and year
above written.
ATTEST:
"CITY"
CITY OF MIAMI, a municipal
corporation
By:
Priscilla Thompson, City Clerk Pedro G. Hernandez, City Manager
ATTEST:
Print Name:
Title:
"USER"
UNIVERSITY OF MIAMI, a not for profit
Florida corporation
By:
Print Name:
Title:
ors:Document UM OB Termination 116212 clean 5-6-08
Approved as to Form and Approved as to Insurance
Correctness Requirements
Julie O. Bru
City Attorney
LeeAnn Brehm, Director
Risk Management Department
ors:Document UM OB Termination 116212 clean 5-6-08