HomeMy WebLinkAboutR-77-0839•1
RESOLUT:rON Nn. 77-839
A BESOUTTTON W7-F7T7THI 7E7 CTTY '.71,!1A177 Tr'
-1EXECITTE 4. P1REE=T WTTE F7TE7:1 r'r=4AN
COLLFoi 70R 7E7 nFA7 PflWT, 7CADTMv:
7()F THE PT.TFPnr n7 r' r T 1 7fln'PALL
GArIE BY :,ATF) CnLLE1E En7 A 'Th777-7HA7. 77.:EnT)
WTTH (\. 71:77-YEA7 777J: F7.7:7WAPLE
AT TEE. =.TC:1 n7 TEE .)T,1,7Th AT:nn7DA:Y:E
W17"H TEE T7)Co:H'TTTn Af 7CF.T.P
VE THE itTTACKED An7ENT.
L.).-LUtjENTs
OLLOW"
WEI=AS, Bethune Cookman Collere desires to schedule
one rime rer ear in the iiami area; and
, the corni:!es the desirability and
benerits to the parc' havinr Tethune 70(-Ar.ran Collere
schedule an annual football rarle at the orane 7owl :7tadium;
and
WIF7HAF, the C-,_ty an(i Bethune Coc)kman Co7.1ere are
mutually desirous of entering into a nulti-year ac-reement
for the annual 7pthunp Tokman TolTere football event at the
Orance Row' rnd
the it: Commissi.cn, by 7lotien No. 77-632
of July 28, 1977, atlthorized the City :..7anarer to negotiate
an aFTeement for Bethune_Cookman Ccdlere use of the flranre
Bowl 7tadiu1n under special. terms and conditions;
THEPF71!12E, hE Tr" 7EFOL7771 pTHF C077TSION
OF THE CI 7 n7 77A7T, 7Ln7TDA:
le..ction 1. That the City Manarer is hereby
‘11111wIll
authorize,d to execute an agreement with Fethune Cookman
Collere for the tIse of the Cranre TPowl fltadium by said
"DOCUMENT INDEX
ITEM Nfl _ _
colier'e
for the purpose of playtnr an annual football 77a.me
for a three-ye%r reric with an aJditiona7 three-year term
renewable at the ortion of the Collecre in accordance with
the terms and conditions as
ar;reement.
set forth in the attached
CITY
MEE_Trin.;S
OCTz.
RESOLUDort nu. ..... 7 - 8 3 9
REMARKS:
'A8SED AND ADOPTED this 26
02- Q
1)
Ra rah 't. C1nie
City Clerk
tR:'.nf;= AD A.Fr'..._ P .
441
Robert F. Clark
Assistant City Attorney
C ID
I mun" • • ; E
: ti I :.._ t v
``' `� L `s) VV
d a,y o f OCTOIIER
MAYO R
1977,
J. R. Grassie
City Manager
Det r m nt
Director
Public Facilities
irt•
1.
October 12, 1977
•
LI , i.' 4 #,
fr
Multi -year agreement for annual
Bethune Cookman College football
game at the Orange Bowl Stadium
(1) Resolution authorizing the
:•?anaF;ei'--t..e "c-ut_e_
(2) Agreement for Bethune Coo::. -.
College use of the Orange Bowl
Stadium.
On July 28, 1977 the City Commission, upon request by Mr.
William Turner, who appeared before them, passed and adopted
Motion :do. 77-632, authorizing the City '%iana:per to negotiate
an agreement for Bethune Cookman College use of the Orange
Bowl Stadium for an annual football game, under special terms
and conditions.
Enclosures (1) and (2) hereto are now presented to you in
fulfillment of the desires of the City Commission, and the
Department of Public Facilities recommends adoption of the
enclosed .._olution, ani subsequent execution of the enclosed
agreement which is alreay executed by appropriate officials
of Bethune Cookman College.
i3ET,1U1'•E k.lfMt1N .t.., :iS. STA:DIJy�!
THIS f tliilEI.itlEtlfl,, Made and entei'o.i Into this ?A day of
^' 1 ..
September , 1917, by and between she CITY CJ�1 i�l.i_ttMT, a Municipal
:7'pQtiv i)iran L:'UeAl3v1IF; under the laws of the State
of
Florida (hereinafter rei'ee t.'Q to as CITY) and .t.11t. Uiatiiu•.•i cou(u11i1`f
COLLEGE, a Corporation rot for profit, organized and existing under
ti e laws of the State of Florida (hereinafter referred to as COLLEGE) :
►1 : ^ f�
I i 11 ;; S 1 i1 .
THAT WHEREAS, the COLLEGE desires to schedule one game per
year in the Miami area and;
WHEREAS, the CITY recognizes the desirability and benefits
to the parties of havir4 COLLEGE schedule an annual garde at Orange
Bowl Stadium; and
WHEREAS, the CITY and the COLLEGE:, are mutually desirous of
a . ,.,r r„ee ,ram this annual COLLEGE into a multi -year �Lr,�' � 1.1_,t,, .for ,,.Ils dill �LEuE football
event at the Or an.;o Bowl Stadium,
the
, THEREFORE, in consideration of the premises and the
further considerations hereinafter set forth, it is agreed as follows:
C7T7 H... „i,EES:
1. That it will allow the COLLEGE the use of the Orange
Bowl Stadium durini; a period of three (3) years beginning with the 1977
football season, with an additional three (3) year period, at the
option of the COLLEGE, for the purpose o: playing ari annual football
Game at the Orange iBow. Stadium against an opponent team to be selected
annually by the COLLEGE. . The COLLEGE shall give notice, in writing,
to the CITY at least ninety (90) days prior to the expiration of the
initial three (3) year term of this agreement in the event that it
desires to exercise the option to extend as bereinabove set forth.
SUPPORTIVE
[Y" I iMENTS
-'iC-1.% Il'. 'L' L'.:1..... ton tax payable ..'.� ii'':''_Limier .3ha11 be the
sole t,'',oI :3 L'_1& '..L Loll payable ): ti1e
t�'JLa.n ii.
' it.0 ii.i'- of he 5tc diutil
ltn',ier this ,. i'eee lt. , with tile except on, however, o actual expenses
l'•''I.io abl i i cui'r'ed by the C: IiY for personnel necessary to afford the
'.i.3u of the . t,.tuii,,:;r. ell other than the day on which the CVL1J=
,aa.'JJ occur, should the CoL:.JE require use of the stadium for a
. i'e-;aIdle practice.
10. That It will notify the CITY each and every. ;yc ar on or
before the first day of March Of the date on which their annual game
is to be played.
-. -�• -- -r,- Y D :
11 1..J .i:�.;..���ir .‘1, �.�r.�.,� i1��ia ,
L.L.
That the COL1_.G shall keep available in its office or
ouch other place approved by the City :4ana der of the CITY, true,
accurate anS complete records and account:_; of all ticket sales trans-
acted in connection with the COLLC.t.iE t ij games, and shall Five access
to the authorized representatives of the CITY turing reasonable business
hours, to examine and audit such records and accounts.
1L • 111C.1t the l:O.JiJLl,Jy shall furnish, at its expense, the
following personnel as rel. .aired to stage its fames:
Ticket Takers, Ticket ',ellei .3, Ushers
The COLLEGZ shall provide all of the aforementioned
personnel in sufficient mimh'_'r s 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 COLLEGE will have exclusive use of ticket
office space as assined by the Stadium :Manager for
adrnini::Itratio n of sales and personnel from 9:00 A.M. to
11 : 00 [ . ii . on the day of the event.
13.That CITY shall furnish, at its expense, the following:
iuu� the tJ 1. J. 7 the �
Police and it, c':rfy L er:3ortn e-,
The number of uniformed police officers and security
personnel required for security and disciplinary control,
s
w .-trhin and in the imm:'oiate area without the stadium,
shall be mutually detei ined by the parties and assigned
-3-
i',r
FOLLOW►,
September
.., . J . _. , f E :) , , . t , ! 1 „ l . , r l 1 J 1 1 h 1 l) _. J / 1
THIS
fti„tMLiy , Made lTrl entered into
ltO ,nos?R day Of
' 1977, by t between the CITY OF Y A,
anti L _I, e:i a �.•.�.i t it�.,.tu'i1., a Municipal
a_
Corpoi':iti.)n organized 1n,1 existing un.:l1(, the laws of .,he State of
i'.1LlLlua (hereinafter rt�l.,eI're,1 to (..t.i1 CITY) ar,i the 1J1Jllio.., Cl.'Vi\MAH
COLLEGE, ,a Corporation rot for profit, organized and existing under
the laws of the State of Florida (hereinafter referred to as COLLEGE):
'v1 L i N t', S S L, i i i ,
THAT WHEREAS, the COLLEGE desires to schedule one game per
year in the Miami area and;
WHEREAS, the CITY recognizes the desirability and benefits
to the parties of having COLLEGE schedule an annual game at Orange
30':7'1 Stadium; and
t". CITY
r t� 7^ mutually desirous of
WHEREAS, the ii .1.1 i and the COLLEGE 1. u are
entering into a multi -year agreement for this annual COLLEGE football
event at the Orange Bowl Stadium,
NOW, Tiini i i''ORE, in consideration of the premises and the
further considerations hereinafter set forth, it is agreed as follows:
CITY HEREBY AGF,EES:
1. That it will allow the COLLEGE the use of the Orange
Bowl Stadium during a period of three (3) years beginning with the 197
football season, with all additional three (3) year period, at the
option of: the COLLEGE, for the purpose of playing an annual
f00tbail
game at the Orange Bowl Stadium against an opponent team to be selected
annually by the COLLEGE. The COLLEGE shall give notice, in writing,
to the CITY at least ninety (90) days prior to the expiration of the
initial three (3) year term of this agreement in the event that it
desires to exercise the option to extend as hereinabove set forth.
"SUPPORTIVE
D' TUMENTS
ma:/ pl t t n4')1 C; 1Cilil.t.li .i ootbai.i' �3ir e
On' tc'.ii;'' ih c'.il do li It t on['i .0 with i;ho i;at anal. football LeagUe
'.t 1.110 Cat{ 1741 Scht'duio Ui Uni
:.1f
.1: 1.(. a:',10Or the annual
'tr:t e misnat:Lon
to nppvoViii Of
CPa
` t; annual•Orari e
BlasSaM
asr: is games
1..
of the Gate for presentation of thegame shall be
the CiiY which approval shall not be unreaSanab
That) c
1��(3 �; in the event that a COLLEGE football genie is
5Uv,joci.
designates for telecast from the Orange Howl stadium, the CITY agrees
to abide by ?1.C.A.A. and Federal regulations respecting the conduct of
televise d i'i.C+Fl.A+ kjaiiiC'S1'
eiectr icai
it shall furnish, at its expense
power 'necessary for
the use and operation
all Water and
of the Orange
Bowl Stadium by the COLLEGE pursuant to the terms of this agreerrierit.
the participants will be permitted reasonable use
of trie Grange Bowl:,. Stadium for practice sessions prior to the annual
game
. what,' in the event that, through any cause,
e opposing
COLLEG for this annual football event shall fail to appear, or be pre-
vented from appearing, then the :OLLEGE shall have the option of can-
cell.ing the Classic without rental penalty being assessed by the CITY.
The COLLEGE shall be responsible for any actual expense incurred by the
CITY in preparation for an annual football event which is subsequently
cancelled
COLLEGE HEREBY AGREES:
7. That it will utilize the Orange Bowl Stadium, owned and
operated by the CITY, for one football game annually for a period of
three ( 3 Years beginning 'season, and for the.
�r.� 4� � ,; �t'ai a ' Jer,�.2"�n�-Ilj� with the 1977 football
op;ion period, if exercised.
$.\ T4at it will p
garner an admission
ad, i.SSion rice. derived from the said game by the COLLEGE, ,less any
for said
Federal,
pr4:co ,
State,
1ocallY
ay the CITY for the use of said Stadium
tax of ten percent ; (10 %) of the gross
imposed taxes
p.
yaple from suet# adM15.5ion
w
. . . . (.4 That :c.iission tax payable heredhder shall be the
sole conSideratioa paysb;.e the (C07s; for itf; i1C; of the Stadium
under is aeeement, with the exceptIon, however, of actual expenses
easoaa.bly iacurred by the CITY for persoshel hecessary to afford the
lAse or the 3tadiu Q o• her than the day on which the COL-sEGE
ames oedur,. saould the COI,CIZ require use of the stadium for a
pre-i;ame practice.
..0. That it will notify the CITY each and every year on or
before the first day of March of the date on which their annual game
is to be played.
IT IS :IERE3Y ;;UTUAZI-_,Y W;REZD:
That the COT_SE shall keep available in its office or
3UCh other place approved by the City ",..',aaager of the CITY, true,
accurate and complete records and accounts of all ticket sales trans-
acted in connection with the C6I,LE(rE'S games, and shall give access
to the authorised representatives of the CITY during reasonable business
hours, to examine and al.dit 2uch records and accounts.
12. That the (70:=E shall furnish, at its expense, the
following personnel as required to stage its games:
Ticket Takers, Ticket Seller.s, Ushers
The COL,LEGE shall provide a 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 ero'
control. The COLLEGE will have exclusive use of ticket
office space as assi47ned by the Stadium Manager for
administration of sales and personnel from 9:00 A.M. to
11:00 P.M. on the day of the event.
• 13. That the CITY shall furnish., at its expense, the followinig:
Police and Secrity Personne:
The number of ilaiformed police officers and security
personnel required for security and disciplinary control,
within and in the immediate area without the stadium,
snail be mutually determined by the parties and assigmed
r' 71
,4 I I \ ! . t-
7
,) 0 C U WI ENTS
FOLLOW"
' i; i e C ; •.1 • •
','hat no .,.;ii l i` y be incurred by either
�:1..'.. ., : '':.'t c should the
tne
�4rlice the 1. orm of
itl.? i' `t':aent, be condemned become n i . for he CV,.a1.,•.'iE games to
bt: played or .';Lar,+..'t_i herein ill.:V:1uoe of a:.,, AAct. 0 God of public
enemy, or is closed to the public by the CITY or through government
action, during any year that the event is to be sta ed.
1 .
That, in the event the Orange Loi'il Stadium io condemned
or is too Cia.lIa;:cd due to fire, win iorm, or other cast/a,stropile, ar1ci
the CITY decides not to repair or rebuild, either part.l may cancel,
terminate, and declare this agreement to be null and void.
That, in t;e evert`. 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 Vr Cane -3 ilia_ Stadium for major football t.ball gables,
than ..na in vr1at event, the 1....T•. will have the option of cancelling
this at>ret::,,,ent. _.ton one yea- s rate:. notice to the COLLEGE, but the
L. LL11 provide the COLLEGE the first option for use of the new
stadium under the mutually agreed ;upon conditions.
11 • T:.at the CITY will control all concession rights at
all events staged within the Grange .S c•..l and its grounds. LVLLi GE •:ii�
retain the right to sell footba.:.l pr or a;t1s at the stadium and on
stadium grounds, and be allowed the use of the program room, Gate 7.
20. That the Concessionaire's employees, necessary to
perform the Concessionaire's o i:.;�atior.s under its contract with the
CITY, shall be admitted free of charge during the stagin of these
�>.
That CIT1, .. y t
authorized CITY 1 employees shall have tic? right
of ingress and e ,re:.o to the Vr .:a;: ;e Bowl at any time, except that rat
during 1g C3LL::(1E games held pursuant hereto, only those employees who
are actual.f performing services
y pVlc'C.� �2t that time lii. t'. and who have
identification :shall be admitted to the Orange :Jowl without payment
of regular ad::i:isujor, charges, and no public officials not actually
per '. rmin: 'serVices Shall be admitted v ithout adMisSion tickets,
11 list of ouch for kiri personnel shall be :supplied to the COLLECI
two hours before game.
That the l,GlLE,1 is,i me all risk or loos,
a.
Injury or damage of any kind or nature whatsoever to any personal
property Or equipment of the COLLEGE oi' the visiting teams, except
such losses as may be directly attributable to the CITY through
11,0 agents, servants, or employees.
21. That .he COLLEGE 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 WSC,GCC per occurrence for
property dar„ace and the CITY shall be one of the named insureds in
said policy.The poiiof irl:iUi'ar.l:t.'. shall provide that the 1,111 be
given at 1east thirty (jV ) days advance :Britten notice of cancellation
of Baia policy. Said policy shall be written on an occurrence basis,
with a Carriee:' acceptable to the City .'•Cramer of the CITY. A certificate
of insurance shall be provided edi 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 :•:anager..ent .
22. That the COLLEGE shall mace no additions, partitions,
improvements or alterations of a permanent nature to the physical
structure of the Orange Bowl Stadium or any part thereof without
having t theof ,l requests
first r.av�..�; obtained written conse,:l, the Cl^Y, t1_�
be shall ir, writing �• } , � and shall include plans and specifications
pertaining thereto. All alterations, improvements, additions or
partitions made or installed by the COLLLuE, shall become either the
property of the CITY or the space will be returned to its original
state at the option of the COLLEGE upon the expiration of this
agreement.
114 1
such alterations, improvements, additions or partitions
as set forth herein shall be Blade at the COLLEGE'S sole cost and expense.
D C ENTS
FOLLOW"
• :aritten notice
.;
ii�l iC>. �.G � i.'l ,:,a 1 .ari al!: t'i t.-. tail•uiie,'�di'�, �. cl s
t't' ,i,J L.ea `..
o 'ert l::tl ;;tail or <J. tc,i.a. VE:t
1.3e .hu::t,
Daytona i)t='iil'.ii, .'ioi'iri;i 32015
shall constitute sufficient notice to the Cai,Li(E, and written notice
• or yrt „. ♦e _ or - t, r
mailed by i t;�lii`uer@ll L , � -,.� i Q ;;,�lii delivered eci t0
City of t' 1 l a . i City
Dinner ..ey
shall constitute
,) . t . t sufficient
. , ' .! -� ; ._ t t CITY
T • r t. with the
C c, t l J V i tI 1•( V� J 1 1 � l �.. i .. a l lI notice 4 `l .I i t �. �.I .L l i V G comply terms
y1).-;ert ]:•c,-,♦1. .. either 1r shall
.f. t' 4 f
of this CL LJi t.Lu�<.a/V, except ... ���. �1.� ,,; .Lviat•,1 J,,[i ,a, ,a. notify the other party �.l
a ,e
address is rec.istereli or certified mail.
—That the captions contained in this a;r eemerit are
insert`,_ ..)ny as -i ;,a .te: of convenience and for reference and in
no way define, iite, limit oi' i,rescrite the scope of this a(>r eeiient or the
intent. of :any provision thereof.
25. That this jai",r@ei+i t. ii t si.al be binding Upon the CITY
ara he t.h O='1E, their sdccessoi's and assil:;ns, and they sna.1.l abide
by eae n of the Vertu..) ai c yi u ior.c hereof.
.,.a. ;JItt:,SS :�..--.:;a•.�.,,ir , ti-le CITY has caused these presents to
be executed it uuplicate
1 t •
name, s i, ,net by its City :•.anaj,er
its City Cl : k and t.as caused its corporate seal
i3 i�i .i �:.v �. :J �. e(,i U�� , r• � a.
to
1!�
(J C: hereto
o affixed, and the '.�LI a.•..a .r'.7.. has caused these presents be
to
execuvea in-a.ni).1.1.1:ate in its . ,a;:.e, siL;nea by the 5usliaes.`i aft Gi: iCi '.•] (�C.r
and attested
its :.,ecretary and nas caused its corporate seal to
LAti
L
:
vviil�;".l
0.1:1L1A College
�j� sciii:vit;,"ci .t.a:i'Y.:sii�»L•
V Ui j)Ui �.st1U.i UY L.il: vice.acl% (.)i