HomeMy WebLinkAboutR-76-0685tttC/rb
7/19/76
RESOLUTION NO. 76-685
A RESOLUTION AUTHORIZING AND DIRECTING THE
CITY MANAGER TO ENTER INTO AN AGREEMENT
WITH THE ORANGE BOWL COMMITTEE FOR THE STAG-
ING OF THE ANNUAL ORANGE BOWL CLASSIC WITHIN
THE MIAMI ORANGE BOWL MEMORIAL STADIUM;
PROVIDING FOR AN ORIGINAL 10 -YEAR TERM WITH AN
OPTION TO EXTEND SAID AGREEMENT FOR ONE
ADDITIONAL 5-YEAR PERIOD•
BE IT RESOLVED BY THE COMMISSION OF THE CITY
OP MIAMI, FLORIDA:
Section 1. The City Manager is hereby authorized
and directed to enter into an agreement with the Orange Bowl
Committee for the staging of the annual Orange Bowl Classic
within the Miami Orange Bowl Memorial Stadium; providing
for an original 10-,Near term with an option to extend said
agreement for one additional
1976.
5-year
period
PASSED AND ADOPTED this 22 day of
TEST • /7 ;(, 1 1
D, S.01JTHERN )
,J'J LY
lAJRICE A, FERRE
CITY CLERK
PREPARED AND APPROVED BY:
'£,q
ROBERT F. CLARK
Assistant City Attorney
APPROVED AS TO FORM AND CORRECTNESS:
FRANK H. WESTON
Acting City Attorney
MAYOR
"DOCUMFNT INDEX
ITEM
"SU PPOO'1PTI1 rE
i
CITY COMMISSION
MEETING OF
JUL 2In•r';,
RESOthw a hD
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
TO:
F ROM:
Honorable Members of the
City Commission
P. W. Andrews
City Manager
DATE.
JUL t 5 1976
FILE:
sun,Lt.:r Revised Agreements between
City and the Orange Bowl
Committee - Agenda Item #6
pF_FCRCNCES.a . b . & c •
ENCLOSURCS
(3)
At the City Commission meeting of July 1, 1976, three proposed
Agreements between the City and the Orange Bowl Committee were
presented to the Commission for their consideration. After
discussion of these Agreements, the City Commission requested
that the City Administration conduct further meetings with the
Orange Howl Committee and make certain specified revisions to
the Agreement:;.
In compliance with the City Commission desires, all three of
the Agreements have now been amended to reflect a shorter. term.
The original Agreements were drawn for a period of time which
was proposed to be fifteen (15) years, with options to extend
for an additional two 5-year periods. The revised Agreements
forwarded herewith propose an initial term of ten (10) years
with an option for renewal for one 5-year term.
Additional revision has also been made to the Orange Bowl Classic
Football Game Agreement and the Agreement for Orange Bowl Commit-
tee use of office and storage space, to specify that each of
these Agreements may be canceled in the event that the City may
elect to build a new football stadium.
The third and final change requested by the City Commission was
that the rental amount to be paid by the Committee for the use of
the stadium to present the Orange Bowl. Classic Football Game be
specifically set in the Agreement at 1096, and that no mention be
made of the City Ordinance in the Agreement.
also been accomplished.
This change has
With the above corrections, the Agreements are now in order for
the City Commission to authorize and direct the City Manager to
execute them on behalf of the City.
lici Inpn,r ! I°!E,
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of
AG1'tl';1;lviENT
ORANGE 1 OWY, CLASSIC
THIS ACitL•;J;; l:N'T, made and en t:ercc1 into this
1976, by and i et wr`l:n the CITY OF
M•SIAMI, a municipal corporation of the State of Florida
(hereinaft_', r referred to as the "CITY"), and the ORANGE
B0WI, CO:•11•i7.'1TLi , a non-profit Florida corporation (herein-
after referred to as the "COMMITTEE") ;
WITNESW fl:
W1Ii;aE,S, the Orange 3o::1. Classic football game focuses
national aid international attention on the City of Miami
and thus provides tihe City with publicity of inestimable
value; and
WHERt A S, the Orange Howl C.la:I sic foo}.:biill game draws
thousands of both participants and spcctut.or:s to the City
of Miami and therefore has great impact on the economy of
the City; and
WH:itS, the City owns ana operates the Miami Orange VJ
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Bowl Memorial_ Stadium, commonly know.: as the 0range Bowl CD n
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Sta(diuiu, v'lii.ch is a desirable location for the presentation r'
"'f
of the Orange Bowl Classic; and
WIIERi:A , the Committee has for: many years staged its ""'� ._
171
annual 0rancge Bowl Classic at said Stadium on New Year's
Day, and desires to continue having the exclusive use of
the Stadium for the staging of its annual Orange Bowl
Classic.
NOW, THEREFORE, in consideration of the premises and
mutual covenants hereinafter contained to be observed and
performed, and for $1.00 and other good and valuable con-
sideration, the parties hereto do hereby consent and agree
as follows: •
The term of this agreement shall be tor a period
commencing from the date hereof and shall terminate on
February 1, 1986.
2. OPTION TO I�X'.1'li%il:
The Committee shall have an opt7.on to extends this
lease agrcerrv'nt at the end of th.e first tcn (10) year
period for an additional. five (5) years commencing on
February 2, 1986 and continuing through February 1, 1991,
The ConuniLLce ;;i<<►11 dive notice to the City in writing at
least ninety (90) days prior to they expiration of the term
of this lease agreement in the event it desires to exercise
the option to extend as hercinabovc set forth.
3. USE 01! STJ\1r7.u; :
(a) The Committee shall use the Stadium each
year on Janua1"y 1, thi:ougi1 and including New Year's Day,
January 1, 19b6, or at such other times as may be mutually
agreed upon by the parties, for the ]purpose of staging the
annual Orange Bowl Classic.
(b) In the event New Year's Day occurs on a
Sunday in any year during the term of this agreement( the
Committee shall have the right to stage the event on the
•
next succeeding day.
(c) In the event that through any cause, any of
the participating institutions in the Orange Bowl. Classic
shall fail to appear, or be prevented from appearing for
the Classic, then the Orange Bowl. Committee shall have the
option of cancelling the Classic without rental penalty
from the City. The Committee shall be responsible for any
actual expenso incurred by the City in preparation for the
Classic. The parties hereto do further agree that the
contract to stage the Classic may be cancelled for any one
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year during its term, in the event of an Pict of. God# a
n;tLic,nnl emergency, due to governmental regulations or
regulations of the National Collc.c;iate Athletic Association
or other sarn! t:i o;►iur body which shall preclude the staying
of such Classic.
The Ci. Ly ayrces that no athletic or other event will
be si:c:<jo iri the Orange 'Bowl Stadium for at :Least forty—
eight (48) ll-t;i;:s prior and thirty-six (36) }lrtw;s after
staui w.; the event, except any c 'e;li: staged by the Orange
Bowl. Committee as part of the Or; ite Bo`';l festival,
The City U J1;ees tilt the participants in the Orange
Bowl Classic will be pert;lifted re;;:;o;tabl.c use of the
Orange Jowl Stadium for pr:icLico sessions, prior" to the
Ora;1c;:.a i3owl Classic and further, the City acjrees that the
Orange Bowl Co; 1 ui. t: too will be permitted reasonable use of
the OCange Bow1. SLrtc;iu:i for rehearsal sessions prior to
the said O}L��'.tli.c J�C'wi Classic.. c
4 • Pl 1 ]f; fl:. T OF ; ii: 7 J. i) `� .I 0I v TAX:
(a) The Committee shall pay to the City an
admission tax for use of the Oranyo Howl Stadium. The
said admission tax to he paid shall be ten percent of the
gross admission price derived by the Co:ii ittee, less any
Federal, State, or locally imposed tax payable from such
admission price. In no event may the admission price
payable herein be increase1 beyond the ten (1(n) percent;
however, if eith?r the University of Miami football team
or tiie iialni. Dolphins football team, or other major football
user on a regular basis is, by contract, ordinance or reso-
lution afforded use of the Stadium for an admission tax# or
any other ic;cans of calculating revenue to the City resulting
from use of the SLadiu, of loss than ten (l0`;;) percent, then
and in that event, this contract and the ordinance which
implements it shall be modified so as to afford the use of
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th0 Stadium to the Committee for such lesser tax or amount,
(b) Ifany other major football user on a regular
basis, by contract, ordinance or resolution is required to
pay an CC IU i ::t,ion tat: Of Igor. e than ten (1.05) percent a
;ipcC].ficii in paragraph (a) above, then and in that event,
the Committee an6 the City agree that the provisions of
paragraph 4 and each part thereof will be renegotiated
between the parties.
(c) The admission tax payable hereunder shall
he the stole consideration do ration payable by the Committee for its
use of tie Stadium under this agreement, with the exception
however, of actual (.! pC:; :;'i; reasonaly incurred by Lit.:!
City for pr'rsornicl necessary
of the Stadium on days other than the day on which the
Classic occurs.
5, RECOfD5 _7 D /WCC UTS :
The Committee shall r:C'C}) available in its office
or such other place approved by the City Manager of the
City, true, accurate and Coi,ipl.ete records and accounts of
all ticket sales transacted in CunaeCtiOI1 wii.h the Orange
Bowl Classic, and shall give access to the authorized
representaLivcs of the City during reasonable business
hours, to examine and audit such records and accounts.
6. PERSON: L :
(a) The Committee shall furnish, at its expense,
the'following personnel as required to stage its Classic.
to afford the Committee US
Ticket Takers.
Ticket Sellers.
Ushers. The Committee shall provide
UF!Iul s in sufficient numbers as
necessary during the staging of the
Classic authorized by this agreement,
and whose function will be to handle
seating and nori al crowd control.
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(b) The City shall furnish, at its expense, the
following:
Police _and Security Personnel. The
number of unil_ormed police orficers
and security personnel required for
security and disciplinary control,
within and in the immediate area
without the stadium, shall be mu-
tually determined by the parties
and assigned by the City.
NON -LIABILITY:
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
classic event 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.
8. CANCELLATION:
(a) In the event the Orange Bowl Stadium is condemned
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 agreement 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 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 Committee.
"SUPPORTIVE
DOCUMENTS
<J
STANDARDS AND CONDITIONS OF STADIUM AND
PLAYING SURI'ACF S :
(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.
Should a dispute arise between the parties concerning
the City's compliance with the above paragraph, then, upon
a failure of the parties to amicably resolve their dif-
ferences, advisory arbitration shall be instituted by the
parties, both of whom agree to participate and make honest
attempt to find mutually agreeable resolution.
Should the City fail to correct the condition which
the arbitrators determine should have been corrected, the
Committee may, at its option, elect to cancel its obligations
to stage its Classic in the Stadium until such time as the
condition is corrected by the City.
(b) It is further agreed by the City to provide
a playing surface in the Orange Bowl Stadium suitable for use
in a nationally prominent attraction.
If a dispute arises as to what constitutes a suitable
playing surface, then and in that event, the parties agree
that those three regular users of the Orange Bowl Stadium
from whom the City derived its top revenue for the immediate
past year, one of which may be the Orange Bowl Committee,
shall be requested to examine the playing surface and state
their opinion as to whether the said playing surface is
suitable from a health, welfare and safety standpoint, as
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Well as being suitable in its eSthetic appearance for a
national telcvised event. If a majority of those regular
users of the Orange Bowl Stadium deLermine in their opinion
that theplaying surface requires ioldrovment, then the
City agrees that it will talze action within twnty-four
(24) hours of the date the opinions are given to commence
the remedy required to restore the playing surfr,ce to a
suitable cundition.
(e) Thu City and the Committue recognize that
the Orange Bowl Stadium, by virtue. of its and seating
capacity, is recognized 010.1 classified as one in which a
major Bowl football gac? can Le held. The City agrees that
during the term of this agreement it shall make every
effort to see that the Stadium se::Iting capacity shall be
75,000 sei!Ls or In:pre, but in any event., guarantees that
the said seatin,j cdpcity will not be less than 70,000 seats
at any time during the term of the agreement.
10. LIT1HTING:
Tu City shall maintain the electric candle power
for the staging of night events. The present Orange Bowl
field light:jog 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
tiW(‘UPPORTIVI
City of Miami.
11, PAli:ING FACELTTIflS;
The City agrees to sell to the Orange Bowl
Committee parking passes at the current rate charged by
the City therefor fur so many of the parking spaces in the
City -owned parking lots adjacent to the Stadium as are not
the subject of annual parking agreements between the City
LCCUMENT
FOLLOVV"
aticy the public, The Committee shall notify the City of
the number of t)UC)1 passes it des;irt's to purchase not later
than Decvli,))t:,- 1 of each year of this ayrrement and the City
ilgree ; that it will maLe no 3 ^.ns than 500 passes available
in such lots; pi:ovide6 that at 1 s shall be
Within the lots contained in the arca sounded by Northwest
Third and Sixth Streets and Northwest Fourteenth and
.Sixteenth Avenues.
1.2. C.07 CE::-;S:LON
The City will control all concession right;:, at
all events stage,_i within the Orange Bowl and its grounds.
13. AD1: SLUN :
(a) The Concessionaire's employees, necessary
to perform the Concl:.i.`.;ionaire's obligations under its
contract with the City, shall be, admitted during the staging
of this event.
(b) I` a1,1.thoZ.is City employees s11,t11 have the
rl9ht of ingress and egress to the Orange Bowl at any time,
except that during the Orange Bowl Classic held pursuant
thereto, only those e16;;l.oyees who are actually performing
services at that time and who have assignment identification
shall be admitted to the Orange Bowl without pay'll' n t. of
regular ad;nission •charges, and no public officials not
actually performing
.mission tickets.
14. RISK OF LOSS:
services shall be admitted without ad-
s_�Tl�t i%�..r.� 4
•
•
The Co;Iunittee 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 teams, except such losses that may be directly
attributable to the City through its agents, servants or
emp1oyeo s .
Tlix Committee shall obtain aL it:; solo cost and
eXper):;c1 public liability insurance e in amount:, of not less
than $1,000,00C; each occurrence fo bodily
injury and
<1
$50,000 per occurrence ft.).: iirope Ly damage shift the City
shall be ono of the named insureds in said policy. The
policy of insurance shall provide that the City be (liven
at+ lea,l t ii.i.i:Ly (30) (1.11r.
advance written notice of
caIiceJ l at ion of said policy. 5ci.id policy snail bc2 written
OD do OC'.CU.I.i:C'iL O basis, with a carrier acceptable to the
City i•i-np<;C'r of: the C. ty . A certificate of insurance shall
be provided to th... City. Prior to the e:;ecut:lest of this
agreement the insliiancc covercjc roc;ui_red herein :ill•:111. be
reviewed and c1pdroved by the Director of the Division of
Proper. t.y Mana e•,,-r;t.
1G. AL' E:'. .`i:ioNS
The Cord ,.ti.e4c sii;ali make no additions, partitions,
improvements or alterations of a permanent: t: n ture tc' Hie
physical struct.uro of the Orange PO;;1. Stadium or any part
thereof without. first having obtained the written Coil '?Ilt
of the City. All i:eg,rests shell be in writing and shall
include plans and specifications pertaining thereto. All
alterations, improvements, additions or partit.i.ons made or
installed by the Committee shall become the propel y of the
City upon the expiration of this acjreoi ent. All such
alterations, improvements, additions or partitions as set
fortis hereinshall be made at the Committee's sole"cS 4 pQRT'VE
and expense. DOCUMENTS17. WATER AND ELECTRICAL POWER: + (L. 0 IN"
The City shall furnish, aL its expense, all water
and electrical power necessary for the use and operation of
the Orange )3ow1 Stadium by the Committee pursuant to the
terms of this agreement.
PAY TEIJEVIrdaq:
it is understood that the Comwittec Ilan no
agreew,iii.. or contr6ctual co;:iitmet with any person, finit
or corp6ratioci reg,Aucliiaj Pay Telcvi:;ion. if, however, at
any Limo dnring the 'Lena of agre,nt, tLe Committee
shall outer ilito a Pay Tolevision contract and becoe
entitled Lc) receive revenue i.!1 - result of the broadcast
of the Oran(je Bowl Classic, withi.n tif. blachout ai:oa of
the Clasic or a radius of 150 miles of the site of the
said Clssic, and if the attenaance in the Orange Bowl
St-Adium fro„,
full eallacity, it will be prosumr:6
that such dee.1:car,0 %;1:.; a result_ of the snid Pay Television
and in th.It event, the Com.;:iiteQ shall be oblicjaLed Lo pay
the City a portion of its Pay Television rovonuu to replace
the Ilion.ILary loss cluri; thercLo upon the following forbinla.
The paid attennec for the three rGost recent Oran..,T Bowl
Classics prior to the your or 11,4y ';:olevisoh shall be
averaged and multiplied against the current ticIlt price.
That: total figure shall bc multiplied by tea (10) percent
(paragraph 4 of this contract). The cliffcrenc between
ro‘,enues actually received by the C.ty as a osuit of
stadiula atton!lance at: a pay televised g,1mf7 and the figure
derived by the aforementioned computations L;hall ho °SUPPORTIVE
additional 1:C2Veiii)0 tO the City by the Co=ii cce•DOCUIVIENTS
19. ELI:CYRONICT\LT,Y OPinTED SCOROARD:
FOLLOW"
The plans of the City for the Orange 1. Stadinm
call for the erection of an electronically Open'. 7 score-
board, The City agi:cos that at sur'h time as thc scoreboard
is completed and ready for 1150 that; it will b uudr thc, full
and ccvdlote opera.Lional control of the said City. The City
agrees that it will Jlot, prior Lo the cymle, duriny the half-
time, or luring the 9ame itself, visually exhibit or broadcast
audibly, ouy message, pietw:e, 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 pageant, and
all such visual exhibitions will be in good taste and
suitable for viewing by the general public.
20. ADVERTISING IN ORANGE BOWL:
The City has announced it will erect a new modern
scoreboard in the east end of the Orange Bowl Stadium and
erect a ground level game -in -progress scoreboard in the
west end of said stadium. The Committee has a contract
with a TV network to televise tie. Orange Bowl Game.
Pursuant to the regulations of the Federal. Communications
Commission which oversees, controls and regulates TV networks,
the said network is prohibited from showing advertising signs
which do not pertain to the sponsors of the said Orange Bowl
Cn
game. Therefore, if the City proceeds with the installation > V--
of the ground level West end -zone scoreboard, upon written �L' uyJ
request by the TV network telecasting the Orange Bowl game, 4 = J
copy to the City of Miami, the Committee reserves the right � U O
to cover or drape any advertising signs attached or made a V)
0
part of the ground level West end -zone scoreboard, during
the time that the Orange Bowl game is being aired or televised.
The City agrees that the Committee shall have the right to do
this provided a written request has been received by the Committee
from the TV network at least twenty-four hours prior to game
time and that said request set forth specific reasons, the
refusal of which would place the TV network in jeopardy of
violating the regulations of the Federal Communications Commission.
The City also agrees that if the Committee is required to drape
or cover any advertising sign or signs on the ground level West end -
zone scoreboard, as referred to hereinabove, it will be permitted to do
so without interference of any contractual right that exists between the
E 12
City and any cif its advertisers, or the City and the
S tcwa ► t--Wa7'ne C')rpor ation ,
21, IJC'i'1'1 111;;
IL is understood st.oOd and agreed hetwec;l the parties
hereto that 1•J?:it:i_cii notice by reyji:)tered or certified mail
of delivered to:
The C)1 e';•ige Bowl Cc,mintttee
OI;illi(J( IYowl
P. O. 13r1:; 350748
Miami, F. u i.dIT 333.35
sha3.3. cC+I1si.:7.i.ui.e :;ufiic::C.;it noL;_ce Lo till: Coli4iii.LtCet and
written notice registered or certified mail or
delivered to:
City of i•;.i arii City hall
Miami, Florida
shall constitute sufficient notice to the City to comply
with the terms of this agrc:ome.ni:., except as either shall
notify the ot.iu:,: i'._trLy of « Ciiunc,Q of ad b c ss by registered
or certifi.''u i11%ii3.
22. C'Ai.'TTO : '..L..f
F w
The captions contained in this agreement are !'�
inserted only as a I attel: of convenience anal for reference w �✓
1.1-71
and in no Way define, 11iii.i.i= or pre6cr].be the scope Of this CL.
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aggreemen►t or the intent of any provision thereof. D LJ
23. BINDING 0:: SuL C1:SS O;\S :
This aCreC::i1:'•Ilt shall. be binding upon the City and
the Corui;littce, their succcs:;ors and assigns, and they shall
abide by each of the terms and conditions hereof,
IN WITNESS WiU FEOF, the parties hereto have caused
this ayrl'Cent to be executed in their names by their duly
authorized officers and the corporate .seals affixed hereto,
all a:; of the day and year first above written,
CITY OP J:Ttit•:I: , a municipal corporation
of the State of Florida
By;
City Sian Igor
3.3 ai
Attest t
( SEAL)
ORANGE BOWL co;;:4:,".1:TEE a non -pro f. it
cur poi- (1. ion
By ;
At t.e s
Pr c! 5 1(1 ei!1-1 U.
( SEAL)
APPROVED AS TO VO:4 AND CORRECTNESS
John Lao yd
City Attorney
bc.,.cre Lary