HomeMy WebLinkAboutR-76-0687RIV/tb
7/19/76
RESOLUTION NO. 76-687
A RESOLUTION AUTHORIZING AND DIRECTING
THE CITY MANAGER TO ENTER INTO AN AGREEMENT
WITH THE ORANGE BOWL COMMITTEE FOR THE LEASE
OF CERTAIN OFFICE AND STORAGE SPACE WITHIN
THE MIAIMI ORANGE BOWL MEMORIAL STADIUM IN
CONJUNCTION WITH THE ORANGE BOWL COMMITTEE'S
ANNUAL STAGING OF THE ORANGE BOWL CLASSIC
AND THE ORANGE BOWL PARADE; PROVIDING FOP AN
ORIGINAL 10-YEAR TERM WITH AN OPTION TO EXTEND
SAID AGREEMENT FOR ONE ADDITIONAL 5-YEAR
PERIOD, AT THE RENTAL FEE SET FORTH IN SAID
AGREEMENT.
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 lease of certain office and storage space
within the Miami Orange Bowl Memorial Stadium in conjunction
with the Orange Bowl Committee's annual staging of the Orange
Bowl Classic and the Orange Bowl Parade; providing for an
original 10-year term with an option to extend said agreement
for one additional 5-year period, at the rental fee set forth
in said agreement.
PASSED AND ADOPTED this 22 day of JULY
1976.
MAURICE .A, FERRE
, ,�
1I, DSOUTHERN )
CITY CLERK
PREPARED AND APPROVED BY:
ROBERT F. CLARK
Assistant City Attorney
MAYOR
PPROVED AS TO FORM AND CORRECTNESS:
I
.rC H. WESTON, ACETnq City Attorney
„DOCUMENT INDEX
ITEM NO. ,I
CITY COMMISSION
MEETING OF
JUL 2 2 1976
NESOLUTIt1N n,�.�i G f '/
LEASE t►rltEEMENT
FOR Okhilc;t; HOWL
OFFICE AND 'TOIL GE :;PACE
THIS LEASE SE AGRELi4E;4'r, wide and entered into this
day of , 197G, 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 COAMIT'r'EJ:, a non-profit Florida corporation (herein --
after referred to as the "COMMITTEE");
W ITNESSET i I;
WIIEREAS, the Orange Bowl Committee, a non-profit
organization, focuses national and international attention
on the City of Miami each year during a week of spectacular
activities involving Orange Bowl tennis competition, Orange
Bowl golf competition, and various other
in the presentation of the famous Orange
Orange Bowl Classic Football game on New
events, cu]minating
Bowl Parade and
Year's Day; and
WHEREAS, the activities and events prepared and
presented by the Orange bowl Committee draw thousands of
both participants and spectators to the City of Miami and
therefore have great impact on the economy of the City; and
WHEREAS, the City of Miami owns and operates the Miami
Orange Bowl Memorial Stadium, commonly known as
Bowl Stadium, which is a desirable location for
tation of the Orange Bowl Football Classic; and
WHEREAS, the Orange 13ow1 Committee desires to
the Orange
-'1c
the presen-- .
j.r. � 'U
Q rn 0
co rli
enter
into a Lease Agreement with the City of Miami in order to
lease sufficient office and storage space in the Orange.
Bowl Stadium; and
WHEREAS, the City Manager of the City of Miami
recommends that a Lease Agreement be entered into with the
O1'C ntr Bowl Com,uit10e, lr. a:ca ng to uaid Commie i t:A.0c• office and
ftOrau,o :.Iliac: in the Ora ii.(C DOwl Stadium, subject to certain
terms and conditions provi.dc_•d for t hero i.ti .
NOW, TIIEREPO;'J, in consideration of the pretAses and
mutual covenants hereinafter contained to be eb.,crvcd hnd
performed, and for. $1.00 and other good and valuable con-
sideration, the parties hcr.cto do hereby covenant: and
agree as follows:
1, DESCRIPTION O., PIt}'.NISES :
The City hereby leases to the Committee and the
Committee hereby leases from the City, that certain office
and storage space located within the Orange Bowl Stadium
as described in the Engineer's drawings marked Exhibit "A"
and Exhibit "i3", attached hereto and made a part of this
Lease Agreement. The area of the office space and storage
space are as follows:
(A) Office Space
Southeast Quadrant, first floor
area, including stair well
Southeast Quadrant, second floor
area
Total Office Space
(B) Storage Space
Northeast Quadrant, first floor
area "A"
Northeast Quadrant, first floor
area "B"
Total Storage Space
2. USE OF PREMISES:
(a) The Committee agrees that all office functions
and office use shall be confined to the area as indicated on
Exhibit "A" attached hereto.
(b) The Committee agrees that the storage epee
AS indicated on Exhibit "B", attached hereto, shall only be
used for storage of materials belonging to and being the
1172 sq. ft.
4334 sq. ft.
5506 sq. ft.
1816 sq. ft.
446 sq. ft.r
- 1 l
2262 sq. ft.
property of the Conunitt eo,
(c) The City agree:, that parking space for not
to exceed fifteen (15) auton,ob.i.los hhal.l be pz•cwjCiPcl for
Orange Howl staff auto.:iobilcs when Orange Bowl Committee's
required wor:zing hours conflict wi. h other stadium events.
3. T E 14M :
The term of this. Lease Agreement shall he for a
period commencing on the date hereof and continuing through
February 1, 1986.
4. OPTION TO EXTEND:
The Committee shall have an option to extend this
Lease Agreement at the end of the :first: ten (10) year
period for an additional five .(5) years commencing on
February 2, 1986 and continuing th.-ough February 1, 1991.
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 eve it it desires to exercise
the option to extend as hereinabov3 set forth.
5. RENT:
(a) The City and Committee mutually agree that
annvnl rental payments relative to this Lease Agreement
shall be paid on the first day of: October of each year of cA
the term of this Lease Agreement and any extension thereof. 't"i 0 C.
p c -0
(b) Rental due hereunder shall be paid as follows:(""' - -7)
r
(1) Annual rental payments for the space d
rrl
occupied by the Committee shall be a flat fee sum of Six
Thousand ($ 6 , 000.00) Dollars; and
(2) As an added consideration from the
Committee to the City in conjunction with the rental of
this space occupied by the Committee, the Committee hereby
reit:erat~oa that it shall con::t:rucL, au previously opeoiticd
by Item 3 on page 4 of that :.epar.ate agreement between the
City and the Committee dated May 5, 1971, for the use by
the Co►6mit:tce of the Sportsman's Park Warehouse, a City Of
MiaNi float each year for d.i:c)l<ay cc part of the Orange
I3owl Parade, at no cost to the City; and
(3) In the event an addition to or a reduction
in office or storage space is required by the Cortilitt.ce and
the City agrees to increase or docreae the leased area to
include or exclude such apace, then the flat fee rental
listen in paragraph 5(n)(1) shall be adjusted in accordance
with some mutually agreed upon and reasonable basis; and
(4) The total annual rental payment due in
any one year shall be adjusted to reflect the credits
allowed by the City to the Committee under the applicable
paragraphs of this Lease Agreement; and
(5) Based on the herci.nabovc, if credits
are subsequently allowed,' and unless the total square
footages of the leased areas arc adjusted, then annual
rental payments shall be made as follows: The annual
rental to be paid shall be the sum of $6,000.00, less
the amount of the credit divided by the number of years
(disregarding option years) left and remaining under the
term of this agreement.
6, CONSTRUCTION CREDIT:
The parties hereto mutually acknowledge that the
Committee will expend the sum of $ j /? :- �� for the
construction of an additional 475 square feet of office
space on the second floor and a fire exit, all located in
the southeast quadrant within the Orange Bowl Stadium,
said 475 square feet of office space being included in the
4334 square feet of office space as reflected in (A) of
paragraph 1 of this I;ea;.e Agreement. Receipts totalling
the sum of tho ConntrucLion Credit shown above shall bo
presented by the Committee to the City after the construction
i5 completed, o:; evidence of the expenditure having been
Made. If the final exp.lulitures exceed the: amount shown
above, no adjustment shall bo made. If, however, the final
expenditure i:; les:, than Life: amount ;shown, the annual rent
in the filial year(s) of til.: initial tern (ton years) of
this agreement shell be increased to compensate for the
lesser expenditure.
Ii during the Corm of this agreement the Committee
desires to improve the leaned prein:lsea for its use it may
do SQ a f. c.cr. first. obtaining the consent of the City and the
same formula regarding Conntiuction Credit as set forth
hereiniabove iIL tl'►i:; paragrap.i will be applied by the City
and al)idLci by by the Committee;
7. UTILITI S:
The Committee shall pay for all utilities used
within the leased area, including water, electricity,
telephone and telegraph. Concerning water and electricity,
charge:; for these utilit-ies shall he made by the City after
a determination has. been mad^? on a test period basis as to
the amount of electricity and water actually consumed
during the test period by th.II Committee in the areas oc-
cupied under this Lease ngre ment. The amounts of utilities r .�
so determined shall be computed on a monthly basis and shall Q C,'
be added to the rent payable to the City. r"' .Y
O
8. CUSTODI?L SERVICE: mz. r i
The Committee, at its sole cost and expense, -L
shall maintain the leased premises and provide for janitorial rrl
services and furnish all equipment and personnel necessary
to maintain the premises in a clean and sanitary condition,
_J 9. INSURANCE:
Tho COIiimiLteC shall obtain at its sole cost mid
expense public liability insurance in amounts of not less
than $1,000,000 each occurrence for bodily injury and
f!IIIIIIIIIII'lIIINIIIIIII IIIIIIIII11I
i u
$ 0,000 per oCcurronce for property domac3a and the CiLy
shall bo one of thu name - insureds in said policy. The
policy of insurance shall provide that the City be given
at least L J.r:Ly (30) day:; arlvance written notice of can-
cellation of said policy. A certificate of insurance
shall be provided to the CiLy.
10. HOLD 1iAT:•.E PROVISION:
The Commi Ltoe shall indemnify and save harmless
the City against any and all claims, suits, actio1w,
damage, or: causes of actions arising during the term of
this agreement: and any rercwal term thereof, for any
personal injury, loss of life or damage to property sus-
tained in or on the leased premises by reason of or as a
result of the Committee's use, activities and operations
thereof, from and against any orders, judgments or decrees
which may be en-i.:crcd thereon, and from and against all
cost:., attorneys' fees, expenses and liabilities incurred
in the defense of any such claim and the investigation
thereof.
11. ALTERATIONS:
The Committee shall make no additions, partitions,
improvements or alterations of a permanent nature to the
physical structurc of the leasedpren►ises or any part thereof
without first having obtained the written consent of the
City Manager of the City. All requests shall be in writing
and shall include plans and specifications pertaining thereto.
All alterations, ir,provert :nts, additions or partitions male
or installed by the Committee shall become the property of
the City. All such alterations, improvements, additions
or partitions as set- forthherein shall be made at the
Committee's sole cost and expcnso.
a c• rs�nnrc�n�
12 , R f: K OV LOSS:
Thr Committee agrees Lo assume ,all ri.:;h of ].osn,
injury or damage o,. an1, }: i.nc3 or nature whatsoever to
property
,
now or thc'rca `tc r. i�.l ace c� car► or within the 1 c.-,;;c ci prerni sus,
or to any goods, chattels, ;:,crrchanciI ;e or to any other
property that may now or h2roafter be placed upon said
leased premises;, whether belonging to the Committee or
others, whether said loss, injury or c1tii icjc results from
fire, hurricane, rising mAtcr, bursting or leaking of water
pipes, or from any natural cause or act of any person whom-
soever, and to keep harmless the City from all claims and
suits growing out of any such loss, injury or damage.
13. Al) VALOREM TAXES:
The City covenants and agrees that the leased
premises are to be used and have been used for a gove
mental, ;municipal or public purpose or function that could
be served by the City, that Lho operation of the leased
facility by the City would be a valid subject for the
allocation of public funds, that the consideration paid by
the Committee as describcc. in this Lease Agreement is
reasonable and adequate ar d in the best interests of tiie
City and the public, and
that the realty and leasehold
interest of said leased paemises are exempt from ad
•
valorem f'_ _ _~ , _•: ,
taxes in accord with the provisions of Florida Statutes
196.199(2)(a) and Florida Statutes 196.012(5).
In the event the lea:.ed premises, by operation of law,
are removed from a tax exempt status, the Committee agrees
that it will be responsi.b:e for that
said ]eased premises or its pro rata
applies to the said leasec, premises,
tax unposed upon the
share of such tax that
and further agrees
that cued tax or pro rata 8hare of Lox will not afoot or
reduce the rent agreed to be paid by the Committee to the
City in paragraph five (5) of this agreement,
14. ASSIGNMENT OR SUBLETTING:
The Committee shall not assign nor sublet this Lease
Agreement, nor assign any portion of the leased premises, nor
grant any concession whatsoever during the term of this Lease
Agreement or any extension thereof, without first having obtained
the authorization, in writing, from the City Manager of the City.
15. INSPECTION OF PREMISES:
The City Manager or his authorized representative shall
have the right to enter upon the leased premises at any time for
any purpose the City Manager or the City deems necessary or
incidental to, or connected with, the performance of the City's
duties or obligations hereunder, or in the exercise of its
rights or functions.
16. CANCELLATION BY CITY:
(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.
17. DEFAULT:
In the event the Committee fails to comply with each
and every term and condition of this Lease Agreement, or fails to
perform any of the terms and conditions contained herein within
thirty (30) days after written notice thereof is given to the Committee,
then the City, at its sole option, and without further notice or de-
mand to the Committee, may cancel and terminate this Lease Agreement,
"SUP"'"
JUCUi'vtLR f J
FOLLOW"
Arid t;.7i.ct l,c.zt;e kirc.rement_ hl►al.J iJc: I1►►).l and void and of Yin
furthr:,: £Or(:C untl etfce1., and the Committee :,11•11..1. ♦ori)►wi t•h
VaCaLo the lease
i ►�c. �, �.:,<:;.,
18.
v U:\►�1 c1.
The Coi ;: i.1:toc fi l<< i i quietly arld peaceably do1ivor
the lc _ ed proapi ses to Li',e C ;. Ly in the same repair and con-
dition in which t.ney we i'0 L•eeeivc:d, ordinary wear and tear
excepted, at tho c::i)irst:Lori of this Lease Agreement,
19. N'OT.iCi [ :
it is understood and agreed between the parties
hereto t:hat writ L .n nots ce by registered or certified mail
and de ivc:red to:
The Orange ;owl Co:,n ittc•c
Orange Eo,•L1 S _,:u i.U„►
P. 0. Box 350748
Miami, Florid.. 33135
shall constitute slit f i(:1 cr.t notice to the Cozunittce, and
written notice m iJcd by registered or certified mail and
deliverer: to:
City .lanilg r
Cite of Miami City Hall
Dinner Key
Miami, FIoi i del
"SUPPORTIVE
DOCUMENTS
FOLLOW"
shall cone-tituLe suf.fi.ci'•nt. notice to the City to co► .,ly
with the terms of this Agreement, except as either shall
notify the other party of a change of address by registered
or certified mail.
20. CAPTIONS:
.The captions contained in this Agreement are
inserted only as a matter of convenience and for reference
and in no way dcfino, limit or prescribe the scope of this
Agreement er thir.tcnt of any provision thereof.
21. BINDING ON SuCC1 S: ORS:
This Acjrecmc.nt tiht►ll be binding upon the City
and the Committee, their successors and assigns, and they
shall abide by each of the terms and conditions hereof,
s
1
10 -
W11=S Lhe beitAo hove calmed
this hejtecJiQnt kxuent in Lhi.ir by Lheil
duly
ont.horlz;o1fic..1%.; ond t:0! curp()Fo0.. hcFcLot
11 a5 of ULe dziy al,L1 y i firr;L abc)ve vt,7i Ufn
a muilcipal corporation
of StaLe of 1..loriela
B
CiLy ;:ianagui
ALLr. L :
City C c_
010(.L ),1-1, COMiTTNE, a non-profit
Plorida cofdoration
By:
Attest:
(SEAL)
Presidcint
Secretary
APPROVD hS TO FOi,M AND CORRE2TNESS:
john Lloyd
City Atcorey
(SEAL)
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