HomeMy WebLinkAboutR-77-0327t?C/rb
4/12/77
RESOI,UTIoN No. 77.327
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AORRRMRNT WITH THE UNIVERSITY OF
MIAMI FOR THE USE OF 'IHE ORANGE BOWL STADIUM
FoI THE PURPOSE OF PLAYING HOME VARSITY
FOOTBALL GAMES RY SAID UNIVERSITY FOR A
10 YEAR PERIob WITH AN ADDITIONAL 5 YEAR
TERM RENEWABLE AT THE OPTION OF THE UNIVERSITY
IN ACCORDANCE WITH THE TERMS AND CONDITIONS
AS 5ET FORTH IN THE ATTACHED AGREEMENT,
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The City Manager is hereby authorized
to execute an agreement with the University of Miami for the
use of the Orange Bowl Stadium for the purpose of playing
home varsity football games by said University for a 10 year
period with an additional 5 year term renewable at the option
of the University in accordance with the terms and conditions
as set forth in the attached agreement.
PASSED AND ADOPTED this 14th day of April, 1977.
ATTEST:
"RALPH G. ONGIE
CITY CLERK
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PREPARED AND APPROVED BY:
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RORERT F . CLARK
ASSISTANT CITY ATTORNEY
D AS TO FORM A
G ORGE ' ' KNOX,
CITY AT'', RNEY
MAURICE A. FERRE
MAURICE A. FERRE
MAYOR
RRECTNESS
SUOMMON Apj�,.I
CITY COMMISSION
MEETING Of
APR 14 1977
3 7
1
AGRFF ISNT FOR IVTRSITY OF MIAMI USE OF ORANG.: HOWL STADIUM
THIS ACREEMFNT, Made and entered into this :!� dny of April, PM, by and
between the CITY OF MIAMI, a Municipal Corporation organized and existing under the
taws of the State of Florida (hereinafter referred to as CITY) and the UNIVERSITY OF
MIAMI, a Corporation not for profits organized and existing under the laws of the State
of -Florida (hereinafter referred to as UNIVERSITY);
WITNESSET1L t
THAT WHEREAS, the University schedules some of the finest football teams in
the country; and
WHEREAS, the University's team has grown with the City of Miami; and
WHEREAS, various Orange Bowl Stadium enlargements and improvements were made
possible through mutual cooperation between the City and the University; and
WHEREAS, through the mutual efforts of the parties hereto, the City was able to
double deck the Orange Howl Stadium; and the Trust Indenture and the bonds issued
pursuant to said indenture were made possible through the University's entering into
a long-term contract with the City, paying 17.650 Admission Tax prior to 1966; and
WHEREAS, through the mutual efforts of the parties hereto, the City has constructed
a permanent West End in the Orange Bowl Stadium and has modernized the field lighting
to meet the minimum standards of at least 100 foot candle power in the playing field
area and has made other preliminary improvements in and about the stadium with the
University paying 157, Admission Tax through November 16 of 1972 and 107, Admission Tax
thereafter to date; and
WHEREAS. it is the intention of the City to enter into a new ten (10) year contract
with the University for the use of the Orange Bowl Stadium for the University's home
varsity football games, which contract may be extended for an additional five (5)
year period at the option of the University; and
WHEREAS, the City is cognizant of the tremendous publicity furnished the greater
Miami area by the University of Miami football team and desire to assist the said
University within the City's legal limitations;
NOW, THEREFORE, in consideration of the premises and the further considerations
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hereinafter set forth, it is agreed as follows;
CITY UEREBY ACREES;
1. That it will allow the UNIVERSITY the us& of the Oxangg Bowl Stadium during
a period of ten (10) years beginning with the 1976 football season, with an additional
five (5) year period at the option of the UNIVERSITY, for the purpose of playing all
its home varsity football games, subject to paragraph (2) hereof.
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2, That the UNtVTRStTY has first priority on all dates during the football
season provided notice is given by March first preceding each football season during
the term of this contract, and further providing that their scheduled dates do not
conflict with the National Football League schedule for Sunday or Monday night
football games at the Orange Bowl.
3. i'o obligate itself, as it has ever the past three contracts, to appropriate
and make available in its fiscal budget for each year during the term of this agreement
the sum of TWENTY-FIVE T1101'SAN1) DOLLARS (S25,000) to be used exclusively for advertising
purposes in promoting the UNIVERSITY'S athletic events and the City of Miami. Upon
request by the CITY, the IUNI.VERSITY will provide documentation of their advertising
and promotion expenditures from these funds. The appropriations so made are to be
used in strict conformance with the Charter of the City of Miami.
4. To exclude all other college football games from the Stadium except the
Orange Bowl Came, the Orange Blossom Classic Crimes, and the Bethune Cookman Came,
subject to the right of the UNIVTERSITY to make the Stadium .available for other
college football games provided the CITY submits the data concerning the proposed
game to the UNIVERSITY and obtains its approval in writing before proceeding to
schedule such game. It is further understood and agreed that the UNIVERSITY shall
not unreasonably withhold its approval. The aforesaid approval or disapproval shall
be given to the CITY by the UNIVERSITY, in writing, within ten days after notification
concerning the proposed game, or a presumption of approval may be made by the CITY.
4A. ELECTPONTCALLY OPERATED SCOREBP:\RD The plans of the City for the Orange
Bowl Stadium call for the erection of an electronically operated scoreboard. The
City agrees that at such time as the scoreboard is completed and ready for use that
it will he under the full and complete operational control of the said City. The
City agrees that it will not, prior to the game, during the half-time or during the
game itself, visually exhibit or broadcast audibly, any message, picture, sign,
slogan, caricature, advertising, etc„ in such a way or at a specific time that will
cause a conflict or distraction with the pregame show, the ongoing football game or
half-time show, and all such visual exhibitions will be in good taste and suitable
for viewing by the general public,
5. In the event that a UNIVERSITY football game is designated for telecast
from the Orange fowl Stadium,the CITY agrees to abide by N,C,A,A, and Federal
regulations respecting the conduct of televised N,C,A,A, games,
6, WATER AND ELECTRICAL POWER; The CITY shall furnish, at its expense, all
water and electrical power necessary for the use and operation of the Orange Bowl
Stadium by the l'NIVERSITY pursuant to the terms of this agrees(( nt,
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FOLLOW»
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f_IVElisttYtiEREnt,AGREEs E
7, That it will utilize the Orange Bowl Stadium, owned and operated by the
CITY, for all its home varsity games for a period of ten (10) years beginning with
the 19/6 football season,
3. That it will pay the CITY for the use of said Stadium fot said games a
rental chatge of ten percent (l0!) of the gross admission price derived from the
said game by the UNIVERSITY, less any I'eder il, State, or locally imposed taxes
payable from such admission price. In no event will the amount to be paid to the
CITY be less than $40,000 for any one year of the contract.
9. That the admission tax payable hereunder shall be 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
personnel necessary to afford the UNIVERSITY use of the Stadium on days other
than the days on which the UNIVERSITY games occur.
10. That it will notify the CITY each and every year on or before the first
day of March of the dates on which their hole varsity games are to be played.
11. That it will abide by the terms and conditions set forth in the preceding
paragraph (4) of this agreement.
IT IS HEREBY MUTUALLY :AGREED
12. REcrRnS: That the UNIVERSITY shall keep available in its office or such
other place approved by the City 'tanager of the CITY, true, accurate and complete
records and accounts of all ticket sales transacted in connection with the
UNIVERSITY'S games, and shall give access to the authorized representatives of the
CITY during reasonable business hours, to examine and audit such records and accounts.
13. PERSONNEL:
13A. That the UNIVERSITY shall furnish, at its expense, the following
personnel as required to stage its games:
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 function will be
to handle seating and normal crowd control, The UNIVERSITY
will have exclusive use of the southwest ticket office (Cate 14)
and small ticket room west of Gate 12 for administration of
sales and personnel from 9;00 A.M. to 11.;00 PMM, on days of
events,
"SUPPORTIVE,
FOLLOW"
lea, That: the CITY shall furnish, at its expense, the following!
Wire and Schcurity I'ersonnc1
The number of uniformed police officers and security personnel
required for security and disciplinary control, within and in
the immediate area without the stadium, shall be mutually
determined by the parties and assigned by the CITY,
14, NON...LIABILITY: That no liability shall be incurred by either of the
parties hereto should the Orange Bowl Stadium, during the term of this agreement,
be condemned, become unfit for UNIVERSITY games to be played or staged therein
because of any Act of God or public enemy, or is closed to the public by the CITY
or through government action, during the year the event is to be staged,
15. CANCELLATION:
151. That, in the event the Orange Bowl Stadium is 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
to be null and void.
15B. That, in the event that the CITY at some point of time in the future
makes 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 the event, the CITY will
have the option of cancelling this agreement upon one year':: written notice to the
UNIVERSITY, but the CITY will provide the UNIVERSITY the first option for use of
the new stadiu:n under the mutually agreed upon conditions.
16. CCt°:CESSION RIGHTS: That the CITY will control all concession rights at
all events staged within the Orange Bowl and its grounds. 4NIVJRSITY will retain
right to sell football programs at the stadium and on stadium grounds, and be
allowed the use of the program room, Cate 7.
17. AI)MISSION:
17A. That the Concessionaire's employees, necessary to perform the
Concessionaire's obligations under its contract with the CITY, shall, be admitted
free of charge during the staging of these games.
17I, That authorized CITY employees shall have the right of ingress and
egress to the Orange Bowl at any time, except that during UNIVERSITY games held
pursuant thereto, 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 of regular admission chargers, and no public officials not
actually perertning services shall be admitted without admission tickets, A list
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of such working personnel shall be supplied to the LUNIVERSITY two hours before game,
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18, RTSk or t,OSs; 'that the UNIVERSITY agrees to assume all risk of loss,
Injury or damage of any kind or nature whatsoever to nny personal property or
equipment of the UNIVERSITY or the visiting teams, except such losses that may be
directly atttibtttable to the CITY through its agents, servants, or employees,
19. ,INSURANCE! That the UNIVERSITY shall obtain at its sole cost and expense
public liability insurance in amounts of not less than $1,000,000 each occurreece
for bodily injury and $50,000 per occurrence for property damage and the CITY shall
be one of the named insureds in said policy. The policy of insurance shall provide
that the CITY be given at least thirty (30) days advance written notice of cancellation
of said policy, Said policy shall be written on an occurrence basis, with a carrier
acceptable to the City Manager of the CITY. A certificate of insurance shall 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 ?tanagernent.
20. AT.TETIATTO`S: That the UNIVERSITY shall make no additions, partitions,
improvements or alterations of a permanent nature to tlne physical structure of the
Orange Bowl Stadium or any part thereof without first having obtained the written
consent of the CITY. All requests shall be in writin41 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 original state at the option of the
UNIVERSITY upon the expiration of this agreement. All such alterations, improvements,
additions or partitions as set forth herein sly 1.117TrieN44!'.1Wlii IFERSITY'S sole
cost and expense.
21. CLOSED CIRCUIT PAY TI?T.I:VTSION: That it��t'�.a�1dpr 9gc ghat the UNIVERSITY
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has no agreement of contractual commitment with any person, firm or corporation
regarding closed circuit pay television. If, however, at any time during the term
of this agreement, the UNIVERSITY shall enter into such a television contract and
become entitled to receive revenue as a result of the broadcast of the UNIVERSITY
games, within a radius of 150 miles of the site of the said game, and if the
attendance in the Orange Bowl Stadium decreases from full capacity, it will be presumed
that such decrease was a result of the said closed circuit pay television, and in
that event, the UNIVERSITY shall he oligated to pay the CITY a portion of its closed
circuit pay television revenue to replace the monetary loss due thereto upon the
following formula, The paid attendance for the three most recent UNIVERSITY games
prior to the game of ,closed circuit pay television shall be averaged and multiplied
against t1ue current ticket price, That totalfigure shall be multiplied by ten
(10:'.) Percent (Paragraph 8 of this contract)., The difference between reve;toes
actually received by the CITY as a result of. stadium ;attendance at a closed circuit
televised game and the figure derived by the aforementioned computations shall be
the additional revenue owed to the CITY by the UNIVERSITY,
22, Nc1T,IC1:S: That it is understood and agreed between the parties hereto
that written notice by registered or certified mail or delivered to:
and
University of Miami Athletic Department
P. 0. Box 248167
Coral cables, Florida 33124
University of Miami Business Manager
1507 Levante
Administrative Services Building
Coral Cables, Florida 33124
shall constitute sufficient notice to the 1'NIVERSITY, and written notice mailed
by registered or certified mail or delivered to:
City Manager
City of Miami City Hall
Dinner Key
Miami, Florida
shall constitute sufficient notice to the CITY to comply with the ter:as of this
agreement, except as either shall notify the other party of a change of address
by registered or certified :::ail.
23. CAPTIONS: That the captions contained in this agreement are inserted
only as a matter of convenience and for reference and in no way define, limit or
prescribe the cope of this agreement or the intent of any provision thereof.
24. RT';DI e sled:sons: TLat 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.
IN WITNESS WttEREOF, the CITY has caused these presents to be executed in
duplicate in its name, signed by its City Manager and attested by its City Clerk,
and has caused its corporate seal to be hereto affixed, and the UNIVERSITY has
caused these presents to be executed in duplicate in its name, signed by the
Business .'onager and attested by its Secretary and has cause its corporate seal
to be hereto affixed.
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Signed. sealed and delivered CITY OP MIANli a Municipal Corporation
of the Stile of Florida
in ptesence of!
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As to the City of Miami
As to the rniversity of Miami
Approved by Resolution No.
Approved as to form and legality
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.Citv AttornL.y
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City Manager
City Clerk
3-TANITY OF MIAMI
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Business Manager
SedTetit.
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t•.; EN TS
1,rwkily
Mayor and Members of the
City Commission
Joseph R. Grassie
City Manager
April 8, 197
Miami Univ Miami Agreement
for Use of Orange Bowl
I have recently completed negotiations with the University of
Miami for an agreement with the City of Miami for the univer-
sity's use of the Orange Bowl for their home football games.
This agreement will include the changes that the Commission
requested during its discussion on December 16, 1976,
The appropriate resolution and a copy of the agreement are
being drafted and will be delivered to you, hopefully, on
M•:nc:ay, , - April 11.
'72-3
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