HomeMy WebLinkAboutR-77-0753IRPC/rb
9/16/77
RESOLUTION NO 7'7 " 7 5 3
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO EXECUTE THE ATTACHED AGREEMENT WITH THE
ORANGE BOWL COMMITTEE FOR THE PRESENTATION
OF AN EVENT CALLED "GREAT BANDS OF ORANGE
BOWL" ON DECEMBER 30, 1977 AND DATES IN
1978 AND 1979, AS SUBSEQUENTLY AGREED UPON.
WHEREAS, the Orange Bowl Committee desires to
p1esen t a new event at the Orange Bowl to be called "GREAT
`BANDS OF ORANGE BOWL"; and
WHEREAS, the Orange Fowl Committee has proposed an
agreement whereunder the aforementioned event will be presented
at the Orange Bowl Memorial Stadium for three years, starting
with the current year;
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 "GREAT BANDS OF ORANGE BOWL" on December 30,
1977 and dates in 1978 and 1979, as subsequently agreed upon,
pursuant to the terms and conditions set forth therein.
PASSED AND ADOPTED this 23 day of SEPTEMBER
1977.
C ma y'
LPii . ONGIE, CITY CLE
PREPARED AND APPROVED BY:
4df
MAURICE A. FERRE
MAURICE A. FERRE, MAYOR
ROBERT F. CLARK, ASSISTA4 CITY ATTORNEY
AS TO FORM AND CORR CTNESS:
NOX, JR., CITYAT
ttr � r r� r')T1��1
�. .) i t +' i \ to t'' 11..
DOCU V1E Y ! S
FOLLOW"
"DOCL'P.17T
ITEM NO.-':). "
CITY COMMISSION
MEETING OF
SEP2 3 1977
EsQtuTKlN No. 7 7 • 7 summit
8f
ttMENT
FOR
ORANGE BOWL FIRE PAGEANT
FC #fG AGREEMENT, made and entered into this day
, 1977, by and between the CITY OF
MIAMI, a municipal corporation of the State of Florida
(hereinafter referred to as the "CITY"), and the ORANGE
BOWL COMMITTEE, 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 Orange Bowl Classic football game and
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 .Eire 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 )range Bowl
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'
annual Orange Bowl Classic, Fire Pageant and other Orange
Bowl Festival activities at said Stadium during the Orange
Bowl Festival period, and desires having the use of the Stadium
for again staging the "Orange Bowl Fire Pageant."
NOW, THEREFORE, in corsiderati.on 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;
77-753
The term of this agreement shall be for a period.
commencing from the date hereof and shall terminate on
February 1, 1980.
2.' OPTION TO EXTEND:
The Committee shall have an option to extend this
lease 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 hereinabove set forth. "SUPPORTIVE
3. USE OF STADIUM: DOCUMENTS
(a) The Committee shall. use the Stadium°FOLLOW"
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 thatth.i.s contract to
stage the Orange Bow] Fire Pageant may be cancelled for any one
year during its term, in the event of an Act of. God, a national
emergency, due to governmentalregulations or upon conditions
mutually agreed upon by the parties. The City agrees that no
athletic or other event will. be :;caged 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
deriited by the Coati ittee, less any Federal# State, or locally
imposed tax payable from such admission price. IP no event
fltay 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 thc, City Manager of the City,
true, accurate and complete records and accounts of all ticket
sales transacted in connection with the Orange Bowl Fire
Pageant, and shall give access to the authorized representatives
of the City during reasonable bu,Aness 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
be to handle seating and normal
crowd control.
'SUPPORTIVE
F DOCUMENTS
OLL0,
Police and Security Personnel The
number of uniformed police officers
and security personnel required for
security and disci.plinary control,
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
Attendant, public address technician, Alec
tricans, pass gate checkers, concession
checker, ramp and 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 shall be incurred by either of the
parties hereto should the Orange 13owJ. 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 pub] e enemy, or is closed to the public by the City
or through governnmcnt action, dus i.ng the year the evens:
to be staged.
8. CANCELLATION:
(a) In the event the Orange Bowl Stadium is con-
demned or is so 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 agree-
ment to be null and void.
(b) In the event that the City at some point of
time in the future makes the deg:lsi.on 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 SURFACES:
(a) The City agrees that it will continue
"SUPPORTIVE
DOCUMENTS
tFOLLOW„
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.
► OOTUO:
The City shall maintain the electric candle power
£or the staging of night events. The present Orange Bowl
field lighting standards will be maintained as a minimum
lighting standard. The Committee shall 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
bowl Stadium parking lots East 41, West #1, North #2 ar,d 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 subject of annual
parking agreements between the City and the public. The
Committee shall notify the City of the number of such passes
it desires to purchase not later than December 15 of each
year of this agreement and the City agrees that it will make
no less than 200 passes available in such lots. "S UPPORT
DOCUMENTS
1 VE
12. CONCESSION RIGHTS:
.
The City will. control all concession ri OLA o j/j/�1
all, events staged within the Orange Bowl and its grounds. �'1�
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.
(b) Atithorited City employees shall have the
right of ingress and egress to the Orange Bowl at any time,
except 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 ad-
mission tickets.
14. RISK OF 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 entertainmerit groups, 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 cost 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 shallprovide that. the City be given
at least thirty (30) days advance written notice of
cancellation of said policy. Said policy shall he 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 theDivision of
SUP, �RTIVE
Property Management:. _
L CUMENT
16. ALTERATIONS: add`i ^ S
The Committee shall make no ` Wartitions,
.mprQvements or alterations of a permanent nature to the
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 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. Al]. such
alterations, improvements, additions or partitions as set
forth herein shall be made at the Committee's sole cost
and expense.
17. 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 Committee pursuant to the
terms of this agreement and shal:I. be responsible for clean
up of stadium and grounds following the event.
18. NOTICES:
It is understood and agreed between the parties
hereto that written notice by registered or certified mail
or delivered to:
The Orange Bowl Committee
Orange Bowl Stadium
P. 0. Box 350748
Miami, Florida 33135
hall constitute sufficient notice to the Committee, 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 terms of this agreement, except as either shall
notify the other party of a change of address by registered
`SUPPORTIVE
S
1 fJ
The captions contained i �t'll.i.s. tjitVement 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.
or certified mail.
19. CAPTIONS:
1
( SEAL)
Attest: Treasurer
Secretary -
."SUPPORIVE
fi
poc f"
$INDING ON SUCCESSORS:
This agreement shall be binding upon the City and
the 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 MIAMI ► a municipal corporation
of the State of Florida
By:
Attest:
City Manager
' (SEAL)
City Clerk
ORANGE BOWL COMMITTEE, a non-profit
Florida corporation
By:
Presi ent
APPROVED AS TO FORM AND CORRECTNESS:
City Attorney
Ms
C1t :.lanac;. r
4 -� 7. Y )ir'ector
r •.
i
t.t' U t 26, 1977
Oi .e 7 l Committee request
additional L +
tb present two ��acii „canal. ev An-.z,
at the Oranre Bar71 ►
(1) Resolution authcrisinr:
lanacer to exe'cut e :} {"reeve,-,nt .
J "
.--(2). Aj,reemcnt for- ""Great Band.;
of Oran. Howl,
(}) ATr: .e t 'or ae ^r "Ornr. _ ..
�c, n;, �
Fire Pa::0=nt."t
...�.y 1r� In'r. Bowl Committee
o:mttee has advised thisoffice that desir
it es
minaV+tute the presentation or its Fire i(.»i�at the 7,3^7'o Bowl, -e
-
.rrYtat-cr on Decamber 30, 1977•� anv.•:o
t t rPresentation.1 � 2 and ljO Itnu-' rer aiv1:es that it
l'. MiC t •�. -i r\��.,� events 1.[: .. . CA �. ✓ � , � . '
no• ' r at the Crµr2-•e 'Bowl to 'se called
novel" , :ith an : n, tia1 or,,sPn ;ti^n on
t >• i• 1 17 .7 t,i�i ..'a: :ec •'a•-,^t `77ert^ ,... 1'17 9 rr 3In . ^ O,
t.is e t.o -'`�c .rr�.. her to 5�....� 1^,'.�.`�n .,ro r a an-1 t:.n
., 1.n n^ t - L �1b1iC i ...''... i.. t; "': r.r,w r,crsr—nds the oT ' o+_ of v:.
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