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HomeMy WebLinkAboutR-77-0752RFc/tb 9/16/77 RESOLUTION NO. i "' 7 J 2 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT WITH THE ORANGE BOWL COMMITTEE FOR PRESENTATION OF AN EVENT CALLED "ORANGE BOWL FIRE PAGEANT" ON JANUARY 6, 1978 AND DATES IN 1979 AND 1980, AS SUBSEQUENTLY AGREED UPON. WHEREAS, the Orange Bowl Committee desires to reinstitute the presentation of its Fire Pageant at the Orange Bowl; and WHEREAS, the Orange Bowl Committee has proposed an agreement whereunder the aforementioned event will be presented at the Orange Bowl Memorial Stadium for three years, starting with January 6, 1978; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to execute the attached agreement with the Orange Bowl Committee for the presentation of "ORANGE BOWL FIRE PAGEANT" on January 6, 1978 and dates in 1979 and 1980, as subsequently agreed upon, pursuant to the terms and conditions set forth therein. PASSED AND ADOPTED this day of "SUPPORTIVE DOCUMENTS .AURICE A. FERRE, MAYOR •Wri21 R LPH . ONGIE, CITY CLER� PREPARED AND APPROVED BY: _DOCUMENT INDEX ROB_ERT F.' CLARK,_ ASSISTANT CITY ATTORNEY ITEM NO. ._ AS TO FORM AND CORRECTNESS: TOh, JR. , CITY ATT 861114111110 ............J...........«.. o.. • FOR C5 'tANtE; BOWL F/AE,PAGEANT THIS AGREEMENT, made and entered into this day 1977, by and between the CITY Or 141lMI, a municipal corporation or Lhe State of Florida (hereinafter referred to as the "CITY"), and the ORANGE BOWL CO;1NITTEE, a non-profit Florida corporation (herein- after referred to as the "COMMITTEE") ; W ITNESSET H: ' WHEREAS, the Orange Bowl Classic football game and Festival focus national and international attention on the City of Miami and thus provide the City with publicity of inestimable value; and WHEREAS, the Orarige 3owl. Classic football game and i. Festival draws thousands of both participants and spectators to the City of Miami and therefore has great impact on the economy of the City; and WHEREAS, the "Orange Bowl fire Pageant" program con- stitutes an important contribution to the aforementioned Orange Bowl Festival and to the great impact upon the economy of the City of Miami; and WHEREAS, the City owns and operates the Miami Orange Bowl Memorial Stadium, commonly known as the Orange Howl Stadium, which is a desirable location for the presentation <% of the "Orange Bowl Fire Pageant" and WHEREAS, the Committee has for many years staged its' f� LLI C7 annual Orange Bowl Classic, Fire Pageant and other Orange vBowl Festival activities at said Stadium during the Orange '-1"' Bowl Festival period, and desires having the use of the Stadium for again staging the "Orange Bowl Fire Pageant." NOW, THEREFORE, in consideration of the premises and mutual covenants hereinafter contained to be observed and per- formed, and for $1.00 and other good and valuable consideration, the parties hereto do hereby consent and agree as follows; i77-75g The term of this agreement shall be fora period ! r COMMencing from the date hereof and sham. terminate Oh `ebruary 1, 1980. 2.' OPTION TO E XTEOD The Committee shall have an option to extend this lase agreement at the end of the first three (3) year period for an additional three (3) years commencing on February 2, 1980 and continuing through February 1, 1983. The Committee shall give notice to the City in writing at least ninety (90) days prior to the expiration of the term of this lease agreement in the event it desires to exercise the option to extend as } ierea.nahove .yet forth. 3. USE OF STADIUM: (a) The Committee shall use the Stadium on "January 6, 1978, January 5, 1979 and January 4, 1980 or at such other times as may be mutually agreed upon by the parties, for the purpose of staging the annual. Orange Bowl Fire Pageant (b) The parties hereto agree that this contract to stage the Orange Bowl Fire Pageant may be cancelled for any one year during its term, in the r veat of an Act of God, a national emergency, due to governmental regulations or upon conditions mutually agreed upon by the parties. The City agrees that no athletic or other event will be staged in the Orange Bowl Stadium during the calendar dates of this lease, except any event staged by the Orange Bowl Committee as part of the Orange Bowl Festival. (c) The City agrees that the Orange Bowl Committee will be permitted reasonable use of the Orange Bowl Stadium for preparation of premises and rehearsal sessions prior to the said Orange Bowl Fire Pageant. 4. PAYMENT OF ADMISSION TAX: (a) The Committee shall pay to the City an admission tax for- use of the Orange Bowl Stadium, The said admission tax to be paid shall be ten percent of the gross admission price 1 ■ . _ ......t....,...........,.....11. de iVed by the Committee; less any t'edefal, grater or locally imposed tax payable from such admission price. Itt ho event May the admission price payable herein be increased beyond the ten (10 %) percent. (b) The admission tax payable hereunder shall be the sole consideration payable by the Committee for its use of the Stadium under this agreement, with the exception, how- ever, of actual expenses reasonably incurred by the City for personnel necessary to afford the Committee use of the Stadium on days other than the day on which the Orange Bowl Fire Pageant occurs. 5. RECORDS AND ACCOUNTS: The Committee shall keep available in its office or such other place approved by the City Manager of the City, true, accurate and complete records and accounts of all ticket. sales transacted in connection with the Orange l3owl Fire Pageant, and shall. Clive access to the authorized representatives of the City during reasonable 1)u.;.i.ness hours, to examine and audit such records and accounts. 6. PERSONNEL: (a) The Committee shall furnish, at its expense, the following personnel as required to stage its Fire Pageant. Ticket Takers Ticket Sellers Ushers The Committee shall provide ushers in sufficient numbers as necessary during the staging of the Fire Pageant authorized by this agreement, and whose function will ho to handle seating and normal crowd control. "SUPPORTIVE Police and Security Personnel The ;ram �r number of uniformed police officert!,E and security personnelrequired for''';_ -, security and disciplinary control,t0,.s•Y within and in the immediate area without the stadium, shall be mu- tually determined by the parties and assigned by the City. Other Miscellaneous Event Personnel The City will provide personnel necessary to the operation of the stadium such as office a ilei.1lriiJ"jkliirdiWA�:.i[f3i4-1•4Y"%1�i1.6'�.":. y ;attendant, pub! is address technician, eiee., tricans, pass gate checkers, concession checker, ramp andl gate worker, groundskeeper, grounds helper, elevator operator, p. a. announcer, nurses, rest room attendants and rest room supervisor, the expense of which shall be paid for by the Orange Bowl Committee. NON -LIABILITY: No liability shalt!_ be incurred by either of the parties hereto should the Orange Bowl Stadium, during the term of this agreement, be condemned, become unfit for the event to be played or staged therein because of any Act of God or public er?rny, : or is closed to the public by the City or through government action, during the year the event is to be staged. 8. CANCELLATION: (a) In tho event the Orange Bowl. Stadium is con- demned or is so damaged due to fire, windstorm, or other catastrophe, and the City decide; not to repair or rebuild, either party may cancel, terminate, and declare this agree- ment to be null and void. (b) 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 events, then and in that event, the City will have the option of cancelling this agreement upon one year's written notice to the Committee. 9, STANDARDS AND CONDITIONS' OF STADIUM AND PLAYING SURPACES: (a) The City agrees that it will continue to maintain the Stadium, and all of the Facilities therein, in a .condition at least equivalent to those which presently exist, including, but not limited to, the cleanliness, efficacy, and esthetic appearance of the Stadium itself, surrounding grounds, press box, rest rooms, dressing rooms and concession areas. LtGF_1TIN s The City shall maintain the electric candle power feir the staging of night events. The present Orange Bowl field lighting standards will be maintained as a minimum lighting standard. The Committer not dim the lights below said standard or permit the lights to be turned off during half-time events or at any other time during the scheduled event, except upon mutual agreement with the City of Miami. 11. PARKING FACILITIES: (a) The City agrees not to permit parking in Orange Cowl Stadium parking lots East ,1, West 41, North #2 and North #3 except for vehicles directly related to the conduct of the Orange Bowl Fire Pageant as agreed upon by the Stadium Manager and the Executive Director of the Orange Bowl Festival in com- pliance with fire department regulations. (b) The City agrees to sell to the Orange Bowl Committee parking passes at the current rate charged by the City for High School football games, for so many of the park- ing spaces in the City -owned parking lot, South #1 and South #2, adjacent to the Stadium as are not the r.".:hject of annual parking agreements between the City and the public. The Committee shall notify the City of the numbcr of such passes it desires to purchase not later than Decem;.or 15 of each year of this agreement and the CDT agrees that it will make no less than 200 passes available in such lots. 12. CONCESSION RIGHTS: The City will control all concession rights at all events staged within the Orange Bowl and its grounds, 13. ADMISSION: (a) The Concessionaire's employees, necessary to perform the Concessionaire's obligations under its contract with the City, shall be admitted during the staging of this event, tc CI t_J : l O PtiTI V E DOCUMENTS FOLLOW" • f (b) Authorized City employees shall have the right of ingress and egress to the Orange Bowl at any time, okcept that during the Orange Bowl Fire Pageant 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 charges, and no public officials not actually performing services shall be admitted without a mission tickets. • 14. RISK OP LOSS: The Committee agrees to assume all risk of loss, injury or damage of any kind or nature whatsoever to any personal property or equipment of the Committee or the visiting entertainment group:, except such losses that may be directly attributable to the City through its agents, servants or employees. 15. INSURANCE: The Committee shall obtain at its sole ccst and expense public liability insurance in amounts of not less than $1, 000, 000 each occurrence 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 shallprov:idc 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 Director of the Division of Property Management. 16, ALTERATIONS: The Committee shall make no additions, partitions, improvements or alterations of a permanent nature to the physical structure of the Orange Bowl Stadium or any part MIL t idtcdf Without first having obtained the Written consent Of the City. All requests shall be in writing and shall include plans and specifications pertaining thereto. All alterations, improvements, additions or partitions made or installed by the Committee shall become the property of the City upon the expiration of this agreement. All such alterations, improvements, addition or partitions as forth herein shall be made at the Committee's sole cost and expense. 17 . WATER ANI) ELECTRICAL PO '/1 HR : The City shall furnish, at its expense, all water and electrical power necessary Eo1: the use and operation of the Orange Bowl Stadium by the Committee pursuant to the terms of this :3greernent ;end hc, :re:;voneiblc^ :Eon- clean up of stadium and grounds following the event. 18. NOTICES: It is understood and agreed between the parties hereto that written not:i•c:c by .;:egist:cred or certified mail or delivered to: The Orange Bowl Committee Orange Bowl Stadium P. O. Bo:•: 350748 Miami, Florida 33135 shall constitute sufficient notice to the Committee, and written notice retailed by registered or certified mail or delivered to: City Manager City of Miami City Hall Dinner Rey Miami, Florida shall constitute sufficient notice to the City to comply with the terms of this agreement, except as either shall notify the other party of a change of addr 4-c t-ristered i J or certified mail. '+�!� j1 'J DCCUS FOLLOW" 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 scope of this agreement or the intent of any provision thereof. set 19. CAPTIONS: • B NDZNC ON SUCCESSORS This agreement shall be binding upon the City arc he Committee, their successors and assigns, and they shall abide by each of the terms and conditions hereof. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed in their names by their duly authorized officers and the corporate seals affixed hereto, all as of the day and year first above written. CITY OF M:I ACMI, a municipal corporation of the State of Florida ,Attest: (SEAL) City Clerk ORANGE I3O6'`IL CO:lr•IITTEE, a non-profit. Florida corporation President (SEA),) APFROVFP AS TO FORM AND CORRECTNESS: Secretary -Treasurer Director Joseph R, `=rassie Cite Manager • Cf: „ nnins, Den.ar •nt o' F tblic Facilitiet '7? MI 2 - P ugust 26, 1977 5ranP;e Bowl Committee request to present two additional events .t the Orange Bowl. (1) Resolution authorizing Ci`::: Manager to execute Agreements. -(2) Agreement -for -!!Great Bands of Orange Bowl. (3) Agreement for "Oran_:7e 7owl Fire Pageant". the Oranr;e Bowl Committee has ad isec: this office that it desires to reinstitute the presentation of its Fire Pageant at the Orange Bowl, with an initial presentation on December 30, 1977 and two ' events 4 in 1973 and1979. further advises t at ' t subse�tuer.� J� nay . ; It 1 .zr. t,_ ��.�� yse� •.h � � desires to p'_'esent a new event at the Orange Bowl to be called "Great Bands of Orange PoT•:1", with an initial presentation on January 6, , 373 and two subsequent event.: in 197 ? and 1930. regard, the t• 7nn su es hereto have e been r r•.;r� and th e this2 .i, �h two .....�., 10.7 r._.� I _ O :1a be I. p� e�, ;..,. !?c( Department of Public Facilities now recommends the ador-t_on of the required Resolution authorizing your execution of the implementing Agreements.