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HomeMy WebLinkAboutR-77-0947• . RESOLUTION NO, 9 4 7 A RESOLTITIO:1 RATTEYTN; THE ACTION OF THE CITY MANAGER IN EXTENDING A':REEMENT WTTH FLORIDA A P, !: uNTVEEC1-7 .'Cl -HE cE THE °RANGE BOWL CTADTT:%: ; "HF FuFtVE FLAYT::1 THE ANNT'AL OP.ANTh FIoCo11: -1ACrTc Po°7PALL, (IA= uNT7EE:-71 ECT cNE-YEAF REE107 WITH AN ADDT7TONA: r:NE-YAR OfERM EE.::_WABLE AT THE OBTToN oF uNT-E7:17-7, TN A"CORI'ANCE WITH THE TE= AN '9NDTTTONC rC CET EoRTfl 1N THE ATTACFE AlREFEET. WHERE:AC, Florida A & has, for many years, stared its annual Crahre Plossom class'c foots rame at the oranre fowl Ctadium, and !esires to c-nt',nue hair.- the use of' the Ctallum for the sta,-inr oP the Fnnual ( _assic; ard WHEBEAV, tht.• r,ran:-e Flosson Classic Pootball .7.ame draws thousands cf Loth parti2iPants anl sPectatcrs to the City of Miami and therefore has si,r-nificant irpact cn the e:!onory of the City; and WFHEEAC, the T'!ty ani A & univcrsity are mutually desirous enterinc int-2 an a;-reement er,2, the rlavinr of the annual 2ranra.- classic :"ootl-a:2 event at the orPnre Bowl ;-!tadiun; di WHEREAC, the Particular tininr of City Commission meetinrs with final franinr of the said acreement was such that it became necessary for the 'ity Manarer to sirn prior to City Commission authorisation to lc NOW, THEREFORE, FE IT RESC(LVED FY TEE :flMM7;CTcN THT, CITY OF 7',ORT')A: "DOCUMENT INDEX Section,EAection 1. That ratification Is her- Trvi0_ action or the City M.anarer in extending m wlfth A & M University for the use of the (Dranre F:owl University Pop the purpose c?1 ay i r. the annaal Crane Classic foottaTi ;7a1:10 for a one -::ear rercl with an additional one-year' tert:: renewable at the orticn of' the Thiuel'sity, in accopdance with the tel-:% ccnitio? orth in the attached aieeent. "SUPPORT1VF Li" EiLLOW" 71 CITY COMMISSION I MEETING OF DEC 5 1977 mottmos no_ „ ....... mmer- Ral r! City PASSED AND ADOPTED this 17 day of DECEMBER , 1977, . Onrie 1erk PREPARED AND APPROVED BY: obeT _..',. Assistant t• Attorney MAURICE A. FERRE "" i 7 A . E R " Q � t� r-•, � -� j -rid f= lJ I i . •1 11 i i 1_ h S � • j r FOLLOW" PPPa !R111W4MIli 'IIII'11 ?oseph R. Massie City :,:ar,a ger er n_i.i-T ent cf Director ublic Facilities December 9, 1977 Agreement for annual Florida A °t .. University: Orange Blossom Classic football game at the Orange Bowl. (1) Resolution ratifying the ''action c_ the City :4anaier in execut.ing _t.he__agreement . (2) ACreement for Florida A f use of the Orange Bowl. Enclosures (1) and (2) are forwarded herewith for your consideration. Enclosure (1) requests City Commission ratificationa otuse� ` houri the 'draft areement was y+because, c c.. J Gl 1. l+ a s forwarded tc Florida A :4 University on Ser . e7ber 16 1977, i ✓ .:as not returned i o the City in final form until December 1, 1977,(and the 1977 Cran�re Blc:= som Classic :-,ai;.e .i 13 3che 1b 'd to e ply 'e. on ✓e enbor 1 0' 1977; or rrior to the City Commission t:: e✓1n` of December 15th. Enclosure (2) i2 an agreement of extension of previous single - year letter. of '' "ree...en _ with an option for a cne- 'ear extenson at the will of 71 on da A University. `phis was the maximum term accenKahle to the T'niversi y at this time, in view of both the scheduling and financial problems being experienced by the University in relation to this game. During the coming year, it is honed that longer term commit - rents can tr developed. Since rlori a A F4 7 has staged the Crange Blossom Classic football game at the Orange Bowl Cor approximately 30 years; since the Classic has special significance to the Black population of ;South Florida as well as significant economic impact on the City economy; and since, although under a longer term agreement, the City recently ne;;otiated a contract with Bethune-Cooky~an College at the same 10`,". rental rate; the Department of Public Facilities recommends adoption of the enclosed Resolution. "SUPPORTIVE DOCUMENTS FOLLOW" 7-947 i UNIVERSITY L f; A t t, i t.: u L V i 1 JJ J. t 1 L) f. t• t f f a 1. 1. t.� :•tl,f, li.. i,t•i1,11a, ita11".! .fltla t'f,tL'a-e, into this .., .-') ,•��, a no between vi,e CITY Vi' a tlfa.lnicipal L` .i, ..a .. C'd and :.'.ti .a .7 u...L tc:, under the laws of the State G1 \ i.l'.:eC ir.aifter referred to as CITY) .and the tLl;lJH AGRICULTURAL . .,rt• ,',a:.'....tt,r ..Vtu.t t.,l Y.�.R1Jla L, organised and existing under ..i,t? laws of uvalUl: L'a' .'lVi'1Qtl (hereinafter referred to as UNIVERSITY); Wi atYu -.. r.L) ' t..t u ri : i.iiuf•EAS, the Orange Blossom Classic football game drafts thousands of J J u.pa tlV ila-uJ and spectators to the City iVy of „icif significant S P.• va_ .- the CITY. and therefor :' has :JlU;flf .LCci.t V impact Gr, the economy of liul�: CITY; i i , and na.u...:.(1, the CITY owns and operates the t'flan . Grange Cowl commonly Ano.'art as the Oran t aBowlStadium, which a a desirable location for the presentation ion of the Grange Blossom a::.,t.a ; -R'''AS, the l+.el•v'E EITY has for Many years staged Its annual Orange nge 31osso,,. Classic at flail., Stadium, and desires to continue having tne n se o. he ,:taciu;�, for t ne :,tilting of the annual Grange Blossom Classic; NOW fi u:lE:'l,%RE, in consideration o the premises ises and the further consideration hereinafter set forth, .. 1 u is agreed as follows: That, 1. t. fu l., as an extension of previously existing contractual :.a'fea;.geme.ia.s evidenced by UNIVERSITY'S annual requests and the Cliy'S f Cl Y'V 4V1t.J. eJpo"st.J, the CITY w111 allow the UNIVERSITY the use of the Orange Stadiume BStadiumduri;j a period of one (1) year beginning with the 7� ••,- -> football season, with an additional one (1) year period, at the o;,t:10r. of ; ;e `v E:iS. _ _ , for the purpose of playing its annual Orange .-.a.Vsst.'.,. Classic football game at the Orange Bowl Stadium, against an Itt lG;, :, team to be selected annually by the UNIVERSITY. omre UNIVERSITY ....�.L .a ... give notice, in writing, to t;;e CITY at least ninety (53) days prior _• .e: expiration of the lii.., u.. a_L o;e `.../ year term of this Agreement a iL ... _ . • ...•v t. .a.>,V it desires to exercise the option to extend as fter einabove .> l "SUPPORTIVE DUCU M ENT FOLIC v f" •' _-947 2, That the UNNIVERSITY may present the annual Orange Blossom football classic at the Orange Bowl Stadium during the term of this contract on crates which do not conflict with the National Football r,ea ue orange Bowl football schedule tor. Sunday or "Monday n l uht. o,in1Qs, or Saturday games after the :second Saturday in December; or with 1 he t ootba 1.1 schedule at University of Miami or the annual Orange Bowl Classic game. Final determination -, ` the date for presen- tation of the game shall be subject to approval of the CITY, which approval shall not be unreasonably withheld. That, in the event that the Orange Blossom Classic foot- ball game is designated for telecast from the Orange Bowl Stadium, the CITY agrees to abide by N.C.A.A. and Federal Regulations respecting the conduct of televised N.C.A.A. games. 4. That it shall furnish, at its expense, all water and electrical power necessary for the use and operation of the Orange Bowl Stadium by the UNIVERSITY pursuant to the terms of this agreement. 5. That the participants will be permitted reasonable use of the Orange Bowl Stadium for practice sessions prior to the annual Orange Blossom Classic game. G. That, in the event that through any cause, the opposing UNIVERSITY for the Orange Blossom Classic game shall fail to appear, or be prevented from appearing, then the UNIVERSITY shall have the option of cancelling the Classic without rental penalty being assessed by the CITY. The UNIVERSITY shall be responsible for any actual ex- pense incurred by the CITY in preparation for an Orange Blossom Classic game which is subsequently cancelled. UNIVlRSITY IIEREBY 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 one (1) year beginning with the 1977 football season, and for the option period, if exercised. 8. That it will pay the CITY for the use of said Stadium for said games an admission tax of ten percent (1.V) of the gross admission price derived from the said game by the UNIVERSITY, less any Federal, State, or locally imposed taxes payable from such admission price. 9. That the admission tax payable hereunder shall be the sole consideration payable by the UNIVERSITY for its use of the Stadium -9- 1111111R!1&PIN II under this agreement, with the exception, however, of actual expenses reasonably incurred by the CITY for personnel necessary to afford the U,dIVLPSITY use of the Stadium on other than the day on which the UNIVER- SITY games occur, should the UNIVERSITY require use of the stadium for :)re -game practice. 10. That it will notify the CITY each and every year on or before the First day of March of the date on which the Orange Blossom Classic game is to be played. IT IS HEREBY MUTUALLY AGREED: 11. That the UNIVERSITY shall keep available in its office or such other place approved accurate and complete records by the City Manager of the CITY, true, and accounts of all ticket sales trans- acted in connection with the UNIVERSITY'S annual Orange Blossom Classic game, and shall give access to the authorized representatives of the CITY during reasonable business hours, to examine and audit such records and accounts. following personnel as required to stage its games: Ticket Takers, Ticket Sellers, Ushers The UNIVERSITY shall provide all of the 12. That the UNIVERSITY shall furnish, at its expense,tYerr,n/r. r .i i\ i t , - DOC. ) iE "SU r-tt, i ��1 YV aforemrn`cic?" 17 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 ticket office space as assigned by the Stadium Manager for administration of sales and personnel from 9:00 AM to 11:00 PM on the day of the event. 13. That the CITY shall furnish, at its expense, the following: Police and Security Personnel The number of uniformed police officers and security per- sonnel 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. 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. the Orange Blossom Classic game to be played or staged therein because of any Act of Good or public enemy, or is closed to the public by the CITY or - 3- through government action, during any year that the event is to be Caged . 15. That, in the event the Orange L'o'::1 St,_Riium is condemned or is too damaged due to fire, windstorms, 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. lip. That, in the event that the CITY :at dome point of time in the ;suture 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 that event, the CITY will have the option of cancelling this agreement upon one year's written notice to the UNIVERSITY, but the CITY will provide the UNIVERSITY the first option for use of the net'.' stadium under the mutually agreed upon conditions. 17. That the CITY will control all concession rights at all events staged within the Orange Bowl and its grounds. UNIVERSITY will retain the right to sell football programs at the stadium and on stadium grounds, and be allowed the use of the program room, Gate 7. 18. 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. 19. That authorized CITY employees shall have the right of ingress and egress to the Orange Bowl at any time, except that during UNiIVERSITY games held pursuant hereto, only those employees who are actually performing services at that time and who have assignment identification shall be admitted to the Orange Bowl with- out payment of regular admission charges, and no public officials riot actually performing services shall be admitted without admission tickets. A list of such working personnel shall be supplied to the UNIVERSITY two hours before game. 20. That the UNIVERSITY agrees to assume all risk of loss, injury or damage of any kind or nature whatsoever to any personal property or equipment of the UNIVERSITY or the visiting teams, except ::uch losses as may be directly attributable to the CITY through its :!gents, servants, or employees. 21, That the UNIVERSITY shall obtain at its sole cost and expense public liability insurance in the amounts of not less than 100,000 for each occurrence and $50,000 per person for judgments ,entered against rNIVf;RSITY and the CITY sha1l be one of the named rl> in said policy. The policy of insurance :;hall provide that the CITY l)e given at least- thirty (30) days advance written notice or cancellation of said policy. 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 CIT'S Director of the Division of Property Management. This coverage shall be consistent with the terms of §768.28, Florida Statutes. 22. That the UNIVERSITY shall make no additions, partitions, improvements 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 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 shall be made at the UNIVERSITY'S sole cost and expense. 23. That it is understood and agreed between the parties hereto that written notice by registered or certified mail or delivered to: FLORIDA A&M UJIVERSITY P. O. Box 237 Tallahassee, Florida 32307 shall constitute sufficient notice to the UNIVERSITY, and written notice mailed by registered or certified mail or delivered CITY MANAGER City of Miami City Hall Dinner Key Miami, Florida t "SUPPORTIVE DOCUMENTS F V L L O svV" 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 or certified mail. 24. That the captions contained in this agreement are inserted only as a matter of convenience and for reference and in no way define, limit car prescribe the scope of thisagreement or the intent of any i)rovisien thereof. 25. That this agreement shall be binding upon the CITY and the UNIVERSITY, their successors and assigns, and they shall abide by each of Lhe terms and conditions hereof. IN t:ITNESS WHEREOF, 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 hereLo ai i:;ed, and the UNI`.'i;I?SITY has caused these presents to be executed in duplicate in its name, signed by the Athletic Director and signed by its President. Signed, sealed and delivered in, :resence of: j' t-' As(,/to the Ci t,/ of 2.liami As to Florida A&:•; University 1.1P roved by Resolution ..o. A :..)rov ed as to form and loga 1 , L CITY OF i1IAMI, a unici_n<al poration of -the f Florida (‚3Y FLORIDA AC I•lECIIAir I BY BY Cit _1 na i r L lty Cler.. LTURAi..• A .D \'E P.S I TY t Iletic Director Presi ,ent ,i'Pf;OVEU A3 1 J FUf<f .1, BUT LEGALITY .£u$JEC f TO EXECUTION BY ALL PARTIES. OFFICE OF THE UNIVERSITY AT 0 NEY. BY: I BIs . Holtfield DATE: l` II 1 I -6-