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Home My WebLink AboutR-76-0686R O/rb 7/19/76 RESOLUTION NO. 76-686 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO AN AGREE- MENT WITH THE ORANGE BOWL COMMITTEE FOR THE STAGING OF THE ANNUAL ORANGE BOWL PARADE; 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 OF 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 Parade providing for an original 10-year term with an option to extend said agreement for one additional 5-year period. PASSED AND ADOPTED this22 day of ,JULY 1976. "SUPPORTIVE DOCUMENTS - FOLLOW" ATTEST:(,.X. H, D. SOUTHERN CITY CLERK PREPARED AND APPROVED BY: ROER`P F . CLARK Assistant City Attorney MAURICE A, FERRE MAYO R APPROVED AS TO FORM AND CORRECTNESS: I! i , 1 ,... j FRANK H. WESTON ACTING CITY ATTORNEY "DOCUMENT INDEX 1• [CITY COMMISSION h1EETING OF JLIL22197�6 RESOIUT1(1'. N9 _�.y. - 6. • Ae iti;l;Mi•;t•:'i FOR OPANnE 1'T,W.11i; '1 1113 hatE1sMLtJ'f, rdnrl Cnl:erect into Lliii clay , 1976, by and between the CITY Or' rIJMI, n municipal corporation of the State of Florida (hereinafter referred to au the "CITY") , and the ORANGE BOWL COMMITTEE, a non-profit Florida corporation (herein- after referrrt,t to cis t];e "COMMITTEE"); 41 ITNESSET YtttERl ?+S, the: Oran-.;.? ,ow7. Parade foc.lues national and international attention on the City of Miami and thu.`. provic::r.:s the City with hull i.ciLy of inr:.;t:i.ma1J.e vh1.uc; and ti•ILL;ftAS, the parade Cal:pis; ; thousands of botil rar't:ici- pants and spectators to the City of M ami and t11C?vefore has cleat impact on the econo;,iy of the City; and 1d1Ii;RE?S, the City has enter(:d into an agreement with the Committee for the staging of the Orange Bowl Classic on the first day of January of each year or at such other times as may be 11; _i ll:+liy agreed upon by the parties; and W;Ii;R!7AS, fo-. many 1.':irs in the .past as part of the Oranye BowJ. Festival, i:hC'. Com;aj.tteo, in conjunction with othe . pai i:ici.t.ants in Lhi_: floats or activities in the parade, has staged the Orange Bowl. Parade in the downtown area, upon the strecLs of the City, usually on New Year's Eve or a similarly designated evening preceding the day declared New Year's Day; and WHEREAS, the parade events and other preliminari� s requiring advance planning; and construction and the par- ticipation of many corpanies and associations furnishing floats or other exhibits in the parade must be arranged for in advance; and WHEREAS,, in the past, a permit has been granted by the City for the use of certain streets and adjacent t: 2 fi13.`contt:ier; U:i'.:rl for the construction of temporary blr!cSCI1C:r, , and tl►c granting of the p(rm:i_t is a ncc. inity in or.dnr that t.flr' Co,(inii.t:Lue can assure its participants, a3 well as the radio and television media, or its contractual rights. NOW, Tlj).) ;rc);< •:, in consideration of the prC•m i.se:3 and Mutual coveniln :s here?in,.r i.:e'.1' contained to be ob:;"rVC+d and por for!o ::, and for *1.00 and other good and valuable con- si.dr_ r.,.t_i �►, the parties horeto do hereby covenant anal agree a fol3.ow:; ; 1. I'RRh; V : (a) The City hereby grants to tho Committee the privilenjc, of using the: public rights of way along the parade rout, including the staging, and dispersal area: and the viewing) stands, this opc.►:ation to be known as the Orange Bowl Parade, to be held during the evening hours on the evening com.11o::iy called New Year's F•;vc . Prior to the happening of this event., the Co►,1.n.i.Ltc•u shrill obtain from the C. Ly or. the City written approval of r r, i d pare;de route, staring and di.s1,e):cal areas, and the location of viewing stands. (b) In the event New fear's Eve occurs on a Sunday in any year during the term of this agreement, Committee shall have the right to stage the event on the the ( t_.._ • r-. `i•T The tern of this agreement shall be for a period U) comme►,ciny on the date hereof and continuing through February 1, 1986. 3. OPTION TO EXTEND; The Committee shall have an option to extend this agreement at .the end of the first ten (10) year period for day prior to New Year's Eve. 2, TERM: • 3 th additional five (5) years CUrthiisicing 17('1)1'tiary 2, 1986 tnr1 continuing through ):,!hru,ar.y .I., 1991. The Col mtiteo sh ii1 diva notice to the City :in wri L:ir,,) at least Ninety (90) dcty:; prior I:.o the cxpiri:li.us tefm of tlli.s agrccin(:nt in Lbc event it cit!siro ; to e;;el:ci e the option to extend as here- inal)ove set forth. 4. CON: 1 t)EI AYION in considcraL.ion of the contribution of the City of Miami to the conduct of the Orn rly(: bowl Parade, the Committee hcrciij rc. i.tocates ti-ral. it. ,hall construct, as prcvic,usly s;,cci' rl(3 by item 3 on pa<;n 4 of that separate acfrcerr nt between the City Oi Miami and the Orartg': Bowl Comm i.tt.N2 dated May 5, 1971, for thy, use by the Comi;li ttee of tht.'. Sportsman's Par% Warehouse, a City of Miami parade float each year for di:iplay as part of the Orange Bow, Parad», at no cco;;c to the City. As further ccinsideration the Committee hereby ocjrces to utilize every Doss lisle opportunity to provide mu::itilum publicity to the City of Miami in its par.adt' ad%r : r. tis i nq and media coverage. 5. PAR1,t)i', PPAPA'J'ION )Ni) CONDUCT: The City sha1 provide, at no cost to the Committee, police, fire, and sanitation support as needed during the parado and for reasonable periods before and after the parade. Perot. inel from the Department of Public Properties may be Ch7 used to erect lighting, paint the street, etc., but all co.;ts (- C�) �t7 for these,personnel and materials utilized shall he paid by r C � G . PL Ted I T : �• r (a) The Committee agrees to stage the Orange Bowl m Pa:'ad each year as part of the Orange Bowl Festival and c' C ces to comply with any and al]. Ordinances or rules and the Committee. tolnla ..i(i)ts of tht. City itc' 1 <t 6tiity to Jit) nd(!:), Tilt+ C:oltttniLLee fnr.thr.c r tjrrScr3 to pay El v.:rm't t. fee c'i. ch year in aceot lio(t('l' With the i.lyd i.II .& cC::; Uh. Lh'' City, which it't'f: X(:(juirt.C•1 for c),) ;irtc ai.l. (,t'lir'r tyl :; of 17.4,:ti6(. !(:citt:1.Lf along the j"):ti'acle route to bc, appt(r!C'( by ,i)L' CJi:y 1,:!li lt)i.:]` Oi. the City. (b) The Committee lul ly u};)dersLctnt1S Li"'ti.: the issuai CO of a permit by the City is a license and pri.vi c(jc to conduct a paradr: and not an absolute right to he claimed b ► the Coin; J. tee . (c) The City r(`::cLves the right to either roruse to issue a permit or cancel i) pri:rrtit previously issued in t}tr: event the Ci Ly d''t:c.rmincs that the U: ;.ncjo )toy:i Parade. tioui .1 not be held as pr.ovicl(.d hr:re i.r, in the ovcrtt of civil diso (:C:7.••, rot, lit:.).c (ttiOtl, cc„irt order, or Act:: of Cod, or if in Ll : opinion of the City said (-)rangc 1sc'w1 Para(it• !;)tt,,, I 6 not be held for the protection of t]t welfare, ::ta;,.t:.y, and property of thr citi errs of the City of Miami, the par— ticipants anti/or the public at large. 7. CI\NCEL A'i nN : Eithe,: pdi. ty reservers the right to cancel, terminate and declare thj . ayrL . 1ne nt to bL! nun and vo..d Ztl_ its option u17C,ri reasonable notice to other for good taus!? shown. 8. INSU,V\NCi: The Committee shall obtain at :IL::: sole curt and expense publ ! c liability insurance in amounts of not less ,, ) '''Cl than $1., 000 , 000 for each occurrence for bodily injury and 1 �� 0 $50,000 per occurrence for property damage and the City yv:.• , shall be: one of the named insureds in said policy. The • ' ,:� policy of insurance shall provide that the City be given at least thirty (30) days advance written notice of cancel,. lation of Flid policy. sail policy !shall be written on an occurrence basis. A certificate of insurance shall be provided to the City. ( pt c'l:t l;Tt;1I'I':; 1 NoLii.i.ny in Lh:i:.; nr1rec'nd.r,il Shall yi'onL, to the Cc;u:i.i.tt'(any l:.i.g;,t;; Lo or servo .Cock;, bc'Vr.rac,er or novelties, exr!:'i'it: prolj;::l •i:i, and the Coir+ilia 1 t e agrees that: it shall not cngacic in sale of any food, beverages or novelties or any other itr?.:i.cl.r:s t•,'i,.ttsocvc; , excrpL programs, either in the staging Area, or those areas in which the cJri.ihl(I:.Li.uids or seating 1ijr.:11.a.t..ic_ i arc locateri, or along the parade route or the e:.i.sprr.sc;l area. '.t'he Cornmi.t•Luc shall not, not shall it hi:rrii.t any of its officers, agents or c:rr,;?loyecs to so engage in ther,cr 10. CONTRT1( .';, MANE; <<.�'• ' ,,t�,. It is clearly undr-rst:ood and agreed by the parties hereto that: any con Lru c L made and entered int. ; by the Coal.- mittee with television, radio, newspapers, Cr any Ot.hc'r eomniUn1(:(1tion rl1Cc;'.a, or l'.Lt'11 p:1Ci..1C1.p"lnts, sponsor:;, or any Ot.1 ' o"claniz tiOilf: party, shall not be binding whatsneve.r. . 11. SALT; OF SEATS AND PROCitAMS : The Committer, will have the right to provide the seating arrangements, coil tl;uc Lion of grandstands or c ntit? Cs in which tilt' City is not a upon th'City in any marner. and bleachers in those areals designated and approved by the City Manager of the City, and the right to charge admission for. seating privileges and the sale of programs. The cost for installing the seating facilities described herein shall be paid for by the Committee. The Committee shall promptly remove the said grandstands and bleachers subsequent to the parade, and shall reasonably restore the areas to their condition prior to erection of the grandstands and bleachers. 1 1. ; • C7t I''!' { f): s 1: : The cai.Li.Utr.'.; r''JnLit. 1tt:cl :I.il I:hi; noire mt_tnL_ m.o i.I1t;c. r(.ec1 Ong y as at. )Ittltt t:'r' of convet'ti.i:ll-c: and f.or ]'isft rrlic i i.1Sne J_SS no wo:1 cir f.i 11c', i.im t: or j,r•i'. ;c7i:i r.'. i }rC' :.cope of: this agreement. t. ol: irh^ ii tc.ii i. of any l r ovi:ii.on t:l)c'1`f_ of . 13. 11T!jI)1N(; O),•1 Sit'';: RS: This ayreeinr`11'_ :hi;iJ i. 1 .Itilld.1 nr:1 upon the City arid the Cchunitt:et.:, tit(.:ii i,r:i C:.`: rr. an assigns, and they :;hn)1 abide by e.ich of the t:c:l:;ns and conditions hereof. 14. , NO)'7C1'; : It is unclersto'i and F i c:d between the patties hereto that written noLice by registered or certified mail or delivered to: The oral!,_' Howl Committee (wane Bowl. ft.ndiuia P. O. Box 350740 Miami, Florida 33135 shall constitute sufficient notice to the Cnnunitir'::c, and written :.;'.tits r: d 1c'd by registered or certified mail or delivered to: City Manager City of Nicirli City 'mil Pinner ICoy Miami, Florida shall constitute sufficient notice to the City to comply with the terms of this agreement, except as either shall -71 notify the other party of a change of address by registered or ce,. tified mail. 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, t :ter t o t rftl ` r:;tL' �: i.�:t; I: ilboVc_? Wr.i. Lt oo , C3`C',' OW'' I 1.iVd1, tt miiii:ic':i Jrtl c orporaL-:ion of t1,c• ;'L;it.r.: of I'I.orid l t.te>.;t ; (s).fiL) . _'. c . ty c.':t c-.•1 • oRijNG,' ],UWL C'O;•1'•L ','•i';.E a non-profit Florid r '•orpora l :ion Ety Att.e: t : • (SEAL) ti ocKetary APPROVED AS 7.'o PORN AND Cor j i:cT1.v1.SS : JU,,e: i; Lc y.] • City Attorney ey ,--.........niummonisciillINIMEMIIIIIIIIIN I IIi1 II 111111Illl110l1llMMll I