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i`I 1bi,tt 1576
1104 Agr(x tiont: PM. tfn _Vergity of
Hi.tttriI ttuc bi t•ho OPange,.iicw]
b,
b , C: :tSwdn f,f??1fl:
y,i c;Crnt , t;iiry7 �. :L„ }�� �:: t`= ;- � { �{ }'-`�
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''R:itiliA and the t_ nl E:"f. �llt..�/.: C1.r l''t_.for c {{
University oc':i�01 ri�i's:i'.;:~ a' � l.I;i c tl� th:_`.'
_i i }t / r as 1� 4 n ' I)�i"�. n Tiaki inf uric• .r..U1
trli�-,:' 1�21 €.t (','Z },` �..l. w�-/ �
r+ip t.r. 3t.Yt!
U]'i"i:i±';r i=•i1:.1 under the�>I'C=� _.i;:I.t2'1:5 r;c:2�; r.rr��,n .Cha�.
Article IT of the. City Cc:,if:, •
'rho Unl-,-rAty of r.laTIA
•'l(;:t'G'-c.'I7C:nt 1•.1t b the City ,t r u c o,t~
rGi u1itr C;C:'t?son i oo'tbt 1.1: t"t,i`:2Cri
y
7.'�' :':Li?„ 4 ti7rw.'. now 0.oj° C'.
pi`'i:v3.8:" oIx;_ are
It p P op t; ;;'c 2, a ton--;
t'.:;o City to .dI'u .;Y`12 1(t
Scorc'boarC � if the brc;i4 ca st y t3 '.Ar'. n. ' o
.tiocc; :.t.:r'y 'and r quett,.�. .t in wr3 t,1.f
;offer:= r'c°ntal of tofil porccft: .
.Cur
s,.].t, .c c%nt.:1',i.n riot u • x c,v o"'('d I]at: i of
't7:c. .r rc'ritr+:l. if tree- rl ta1 of ether' ,I
:,'btiti.cucl .
b. - )I1tor, ,a11t:& ,ii lo
.mat
i 1Y.;'S:c
aj or ;'uSC
contain.contain.a clauze v1tr.:rL 1tCc:inr C:ertt.in City rovenuc.c-.
jl, Unl-,Jomity ramcs j;e to cloC:d--c I.rcult TV broitcie'1 stinp:
Tt Coi`v .i ' ':i, c; ti,r: City to continue
::�i2:. n 1Ri12'''?f, i�x; 3:'C.C121'i.1' 3 ti
to c,b:I..:i(;r:te Z.i::ll:iT for,25,Q00 I,er y ,av to the 1lnj.vctrsity
to be u ed for vc rti S n t71IT'}%Uon In ono i r., (r
"-i lJhl 1Ter:;::.4y t :i athletic cvent: and ,he City o1
I, xlow coqier fol. the
city ? ri)1 to a»t.i orl x 7t-jd
tit tho City Nanur,er to (.-t Cutu th,, tits. �!f.rt <..I':*.'I?t-. on1)� ai:2.;
t
City. at C-.i.t
"SUPPORTIVE
DOCUMENTS
NfS
FOLLOW
MgRENT Ott UN VI!► 1t1'Y Or MTAMI WV, Or oti,,tiG►; i3OWt ttADIUM
!Y' tt S 1►Gltf:k.til t�'1'; Made ar►ct entered into tt� L day of _' w' + 19
by and ,etgecn the CITY OF MIAMI, n. Uunieii+al. Corporation organized and existing
luider the laws of the State of r1oridn, )'arty of the )'ir st fart, t.nd the UNIVERSITY
0r p,IAMI, ra Corporation not for profit, or•gnnited and existing under the lava tt
•
the State of rlori.da, Party of the Second Part:
THAT`WittREASt "t o t)n
tea= in the country; and
Siifi PVAS, the U,-ii:";~ert ity s team has groan with the City of )pia
WiilY=S, vnriouu Orange V'oa..Stcdit11i, enlarc'Pment%.�`, andimprovements
i
possible tbrovzh the mutual -cUoperation betY ecti. 'i r" C �.t;! of Pia,eni F;nd . the
of 1tip-:i; and
thrc;:t;h the 1:utu,
to double d eh the Orange ToN,1 Stadium; z; and the Trust indenture and the bond is-
sued pur.:u%:•;t to :.63.6 i.itdent.n e vere rack ti:issible through the Uni vcrsi ty'r, enter-
vith the City' of Miarli, paying 17.655 Admission Tax
ing into a 1on�;-tcrsr, contract�•
prior to 19(6 ; and
k' ERF S, tliroilt:,b the mutual efforts of ti;c partic3 hereto, the City of Mitur.i
has c.omtructcd a per;:. rent Ve3t Ind in the Orange L'oi:1 Stadium and hat; modernized
the field lighting to 1ec:et the minimum standards of ut leu:;t 100 foot candle power
the partic:1 hereto, the City vas able
in the playing field area and has tn!rdc of i;ur preliminary iraprovementt in and about
the stadium with the University paying 155 Adnicsion Tax through November 16 of
1972 laid 10'; Admission Tax t.l,�rcufter to date; and
Nlial AS, it in the iAtcnt.ion of the City of J,i. ni to eater into a nett ten (10)
year contract vi.t:h t:l:c Uriiver:s1 tyr of < r►:A for the me of the Orange Bova Stediwn'
SUPPORTIVE
DOCu 4ENT
s
.E(.L.I �1tin/"►
for the Unive3'sityth home varsity football Cnsnrts, irlsich, contract may be extended
tote an additional rive (5) year period ht the option of the University or ?iirsrti shd
WHEREAS, the City of Miami is cognizant of the tremendous publicity furnished
the greater Miami area by the University of Miami football team and desire to assist
the said University vithin the Cit,y's legal l.ir►ittttionc;
NOW, 7'}I,> t'} 'OR , in consideration of the prev'.sets tLhd the further cotst;idef tetiotls
hereinafter rct forth, it is agreed us follows:
AS '1: t� THE 1'tsl; i'Y of 'il' t. I}',t;'r_
i. The Party of. the First fart agrees
Second fart this use of''.id Stn.clitiu c'turifl a.
vtith the 1976 football sensor , t5i.t s an additional
Option of the University, for the.purv?se
games, subject to pnragrn b [2) hereof.
2. The Party of the First Part aI recs that .the Party of the nconit Part hrs
first priority on all dates during t•he footbr..11 season provided notice is Given by
March fir4t preceding ect t footb'Lll srtL!+-r► during the tern of this; contract.
• to obli to itself, as it hn:', over the
�. The :Party U� the First -Part agrees t
past t.hrrL
C�?i:�2'i:�'t��, to and ri.L:e available in its fiscal budget. for
.A. o eppop
each year during they tern or this agreement the r.ser., of TW::'.I;Ta'-FIVE THOU3A;;i1 DOLL;,HS.
($25,000) to be used for -advertising purposes in prorrhtin( the University':, athletic
events and the City of The appropriations so made are to be used in strict
conformance v ith the Chr..rter of the City of Mirsrli .
L. The 1nrty of the First. p:,rt, agrees to exclude all other college football
grtnes from the Stadium. exc:opt the Orangct Froul Came, the Orange Blo:.•sets Classic Came,
and the Bethune Cooi:J:i&f Ct; .e, cub jc:ct to the right of the party of the First P►srt
to uril:c.- the Stadium available for other college football. games provided the )'arty.
of the First Part tsub:rits the data cw;ic(irokajhe proposed unne to the Party ot.
t ! 1IE.
`1! ►
uvr
five
ton (1.0) years beginning
(5) year period at the
C all its home Varsity football
MMi
MEMM
sss
MEMO
MEER
Pier
mai
Wai
the t t c0hd Part told obtains its iapprevai in Writing before proceeding to t1chedU1 ►
tUt h ;nine, it is further understood Land a(°rct d that the Patty of thb rCond Ptt<rt
shall nbt unreasonably Withhold its approval, The aforesaid approval_ or dihrtp.,
provai shall be given to the Party of the First Part by the Party of the Cccond
Part in writing within ten days after notification concerning the proposed games
tj► In the event that a University of Miami footballgame is designated not
telecast froth the Orange Bowl `stadium, the Prtrty of tiic i'irst Part agrees to abide
by N.C.A.A. and Federal regulations respecting the conduct of televised N.C.A►A.
games,
5A. F;r,1:C'P}40::=ALLY dl'. l t T::?) CO^S>, :?iaZU:
Bowl itaditim call for the erection of an electronically operated scoreboard. The
City agrees that at such time as the scoreboard is co:ipletcd and ready for u Sc that
it will be under the full and complete opc.r. ationai control of the said City.
The.
City agrees that it will not, prior to the gc.r.e, durin(; the half-time or during
the game itself, vir,ually exhibit or broadrest audibly, any message, picture,
slogan, caricature, advcrtisin,,, etc., in such a vay or at a specific time that
will cause a conflict or distraction t.'ith the pret;ale shot, the ongoing football.
are or hr:.lf--time: :show, ane all such visual exhibitions will be in good taste and
suitable for viewing by the general public.
6. Ai)i'i?I?'t ISIN(; : The City hap announced it will erect a new modern tscare-.
board in the east end of the Orange Bowl Stadium and .erect a ground level gate -
progress scoreboard in the vet end of said stadium. The University could on var-
ious occasions, have a contract With the }:.C.A.A. network to televise a parrs froiv
the Orange e Bowl Stadium. Pursuant to the 1-cf;silk-.ti.on . of the Federal Communications
Co:.mis ion which oversees, controls tend regulates TV networks, the said network is
p:-ohibi ted from showing adverrtit;ing sign:; which do not pertain to the: upc►nsor:; of
C of
tLe
said ., A.A. game. �'.i}erefore, if thcR)C;i:t' iroc"i l ti trlth the installation
the ground level. 'Went chd= :one t;t!orebbard, Upoh Written request by the TV hiet,Wc 1
telecasting the td,C,A,A, game, copy to the City of i,iami, the University iaettertted
the right to cover or drnpe any advertising signn attached or hiaclo tc p:irt of the
ground level nest end -zone scoreboard, during Lhe time that the t"C ,A,A, Came I.b
being aired or televised. The City agree, that the University shall have the tight
to do this provided a written request has been received by the University fr'otn tht
TV network at least twenty-four hours prior to game time and that said request Get
forth specific reasons, the refusal of which would place the TV hetwork ih 6eopardy
of violating the regulations of the Federal Coi emnicrtions Commission, Thr City
also agrees that if the University is required to drape or cover any advertising.
sign or signs on the ground level West end-. oue scoreboard, b.s referred to herein.
-
above, it rill be l,ere.i.tted to do so without interference or any contractual right
that exists between the City and any of its advertisers, or the City and the.
Steuart -at n r Corporation.
7, � i'�!iTn AND F .�.a:.TE'x✓ P1Pn: The City
water and electrical. power : ececsser/ for ,the 'Ut
Stadium by the University pursuant to the t
AS TO TflE PARTY OP T!ii; 3 CO_� U PANT:1. The Party of the Second Part agree: thc.t it will utilise the Orange 3ovl
Stadiums, owned and operated by the Party of the first Part, for all its hone varsity
ga es for a periodof ten (10) years, beginning Frith the 1976 football season.
2. The Pn.i t.y of the Second Part agrees that it will p.^..y the Party of the First
Part for the ese of said Stadium for said t;t,.t.:es the re_nt.1.1 as provided by ordinance.
Said schedule fur rental is set forth in Ortiin•'ncr. 1;o. 6i.'O a:• •nrline Chr,rter 39_1.
new subsectien r. under fcction (10 of eett•t:btisc:1 price. for Admission
shall furnishh , .t i to expense
e andoperation of the: Orange l3o
rvia of `thi.ca rtt;rc�et�.ent
Tax.)
"SUPPORTIVE
DOCUMENTS
FOLLOW"
PA, nat./ever, if either the Crnti('r : mittee br the. Miami t1olphint foot'
ball team, or other major football user on a regular basis is, by eohtract, ordis;
nonce, resolution, court order or :J• other trcan, afforded use of the EltadiuM for fit
admission tax, or any other means of ealeUititit I revenue to the City resulting rrotft
use of the Ctndiura, of leas than ten (lOn percent, Bien and in that event, this eolt
tract and the ordinance Which implements it :shall be modified so as to afford the Use
of the Stadium to the Party of the Second Part for such lesser tax or te::cunt.
2B. The admission tax payable hereunder shall be the role consideration
paY-
able by the University of lii£u'i for its use of the Stadium under this; agrce::.ent,
with the exception, however, of 3.cturi1 expenses reasonably incurred by the City ion'
personnel necessary to afford the University use of the Stadiurl oh days other than
the days on which the U►nive2":iity games Deem,
' the Port' of the
3. The Party of the Second Part agrees that it �a�.11 notify J
First Pi.,rt each :and every yec.v on or before the first day; of March of the, dates on!
which their home vsrui ty gamvs arc to be played.
4. The Party of the Second Part az rccr th+..t it will abide by the
:lra of this agreement.
conditions set. forth in the t,z eccd�.t.�, P ra h u p � 3)
terms
5. i2}.1CORDS: The University of Miami shall. }:c.ep uvailab1:e in its office of
such other place approved by the City tanager of the City, true:, accurate and com-
plete plete records curd accounts of ul.l ticket sales transacted in connection with the
University (;tine, and shall give aCce3 ; to the authorized representatives of the City.
durini; row,oitrble business }ioc.rc, to examine and audit such records and accounts.
CA. The University of t•.iclai. nhall furnish,
rerSOnhel
as; required to s;ta;.;.- itn gamer:
Ticket Takers, Ticket Sellers Ushers; The University
"SUPPORTIVE_
Dlam, l_1 : : NS
FOLLOW"
prQV
hereto t hould the Ori..nge
"bt the afE)l;r'ttlentiEShed personnel in Sufficient hu;qbC't'n kb lndtwgba
dttt*in' the t;tnhint or the
hied whore function will be to handle neati nC ahcl nortn+tl erowd control.
i'he University will have exclusive use of the southwest ticket oi"#` ee
Cate lh) an,; small ticket room west of Cate 12 for administration Of
ottles and personnel from 9:00 A.M. to 11:d0 P.M. on days; of eV nts.
Cit ► ,hall furnish, at it:t expense, the following:
61:i Ce and SecuriJ;.t_ Person el. The number of unifrrned police oi�f iccrs
and security personnel required for security and disciplinary contt'ol,
games authoriv.ed lty this agreement,
Within and in 't e immediate area without the stadium, shall be mutuai.ly
determined by the parties: and assigned by the City.
;lWi.:7TY : ;:o liability shall be incurred by either
Boml. Stadium during the tern of this .ti rccment
• >s be"
donned, become unfit for the University to bC PiRyed or staged therein
cause of any Act of God or public enemy, or it closed to the public b;, the City
or through p,ovcrn:n:cnt action, duri.n( the year the event it to be staged.
8A. In the
event the Una : L c }fowl. Stadium i s condemned or is too cit laced due
to fire, vindst.orrti, or other catastrophe, and the City uecicl4 3 riot
rebuild, either party pay cancel, termintite, and declare ,this agreement to b
null and void.
8B. In the event that the City r,t some point of time in the future makes the
decision to build a new :.•tadium and to abandon the use of the present Orange flO 1
Stadium for major football g;ame:s, then and in that event., the City will have the
option of cancelling this, agreement upon one yettr';i written notice to the University
of Miami , but the City will provide the University the firs"t opti
on for use of the
now stadium under the t ut,ually agreed upon conditions. SUPPORTIVE
DCCUP,':ENTS
__E.J LLOW" -
9r , C1 tcE,.�;t1o: , lTqi':;.; The City vili ontroi t►11 concession rights ht Ci
t ventn ntaCed Within the Orange BoWi nnd itn grounds. University Vill retain r & it
to hell our football program at the htadlium and O1 grounds and be allowed Ube
program room, Cate
ib. AVI t3 IO:i :
10A, the Concessionaire'
etip]o ecs, tic c-tary tt pc?forri`the Conecstsion if'
obligations under it:, contract: vith the
ink, the staging ing, of those games.
10B. Authori' d City employees shall have the right of ingress and egress to
the Urt_'.?i; d: Bo.1 at ant time, except that during the University games held pursuant
thereto, only these employees es ti''ho are actually performing services at that time
and who have nssilnrcent identification !Alen be admitte6 to the 0rangc Bowl wit.: out;
payment, of reL;ular admission charges, and no public official. s not L.ctuall.y perform-
ing services shall be admitted without; ac;r.» -.i.on ticket:. A list. of such vori;in
personnel :shr.11 be supplied to the University two hours before game.
11. Ii i : OF i,`.�
City- shill bc' adahuttcd•fiice 'of :eh:u e dtlf"
The University agrees to assume e all risk of los , ir4jur
or damage of any kind or nature vhat.soevcr to any personal property or equipment
of the University or the Visiting teai.:n:i, cx.copt Such Losses that may be di.rcctly,
attributable to the City through its agents, servants, or employees.
12. IT;Sti:?ii;:U:: The University of Miami shall obtain at its role cost an
expense public liability insurance in amounts of not less than $1,000,000 each
occurrence for bodily injury and $50,000 per occurrence for property damage and
the City ::hall be one of the named insureds: in said policy. The policy of insur-
ance shall provide that the City be given i t. least thirty(30) day:; advance written
notice of cancellation of said policy. Said policy shill be written on an occur-
reneo basis, with a carrier aeeoptubl.c to the City t:.t ;:t:;cr of the City. A certi-
a)f this`
fict:te of insurance
shall be provider] to the Cf .! (i'j� ctu. to tji��i o,++cut.ion
� L., 1
agretMeht the insurance Coverage terplired herein shall be reviewed and approved by
the bireetor Of the bivigtoo or Pt-0110-ty ManAgements
10,TATT.0:XJ0 The University Of Miami shall make h0 ftdditiont, partitiets,
improvomebta or nitqrationd or a permanent nature te• the physical structure Of the
Orange Bowl Stadium or any part thereof Without first having obtained the vritteh
consent of the City, All requesta shall be ih writing and shrill include plans nhd
specifications pertainin'g thereto. All alterations, improVem2nts, additions or
partitions made or installed by th,„: University shall bcco:.o. either the property or
the City or the space will be returned to its original state at the option of the
University up.)11 the expiration of thic agreement. All ouch alterationo, improvements,
additions or partition6 as set forth herein Iull be made at the UniversitYlittole.,
cost and expense.
14, C1 CI1).CUTT PAY TriLr.VIc;TON!tt is Understood that the UniVcrsity of
Mia7i has no acyeemcnt of contractual commLtment with any person, firm or• corpora-
tion regarding closed circuit pay television, if, however, at any time during the
term of this agrcement, the University shall enter into such a television contract
and becomtiled to receive revenue as 4 result of the bloadeast of the Univer-
sity runet„ vithin a rarlius of 150 miles of the site of the said gtne, and if the
attendance in the 0,Inn(,o Lowl Stadium decreases from full enp:teity, it will be pre-
sumed that such decrease was a result of the suid closed circuit pay television, and
in that cVent, the University shall be obligated to pay the City a portion of its
closed circuit pay television revenue to replace the monetary loss due thereto upon
the following formula. The paid attendance for the three most recent University
gi -.es prior to the gunc of closed circuit pay ie)evision :hall be averaged and mul-
tiplied aga!inst the current tivet price. That total figure shall be multiplied by
ten (10%) pereent (pararaph ) of thi5 contract). The difference between revenues
actually received by the City au a resul6rof 41.1,44ta attpndance at fl closed circuit
DCC
pay teltvi ;eci ftahe raid the tignre deriv d by the tYforet,rhtioned cbmput YtiOhs
shall be the additional teVenue bted to the City by the Univetsity.
5. 1 Ji'ICE , t 1t is understood and agreed betVeen the parties herb
written notice by rer,i:atcrrd or certified taai]or delivered tot
]University of Mia.mi. Athletic Department
P. O. Box 248167
Coral. Cables, Vlori.daa. 331.24
and
shnl
University of Miami Business Manag
.507 Lcrrainte
Administrative Services iluildin ;
Coral Gables, Florida 33124+
%. t.lUC sufficient
i. ffi cient notice to the University,
,
by reg-i s trod or certified trail or delivered tot
City I r.r.:i„er
City of t:ia.ni. City )fall.
):)inna:r 'r.cy
Miami. , Florida
shall constitute sufficient notice to the CitY
aagrC:C'.i: ent, except as either shall notify T the oth'er party
registered or certified mail.
16. Cft "i'r;_Oa : 7'ne cations contained in this agreement arc inserted ony
e nattCr of convenience and for reference and in no way y define, 1ilAt or prescribe
the scope of this agreement or the intent of any provision thereof.
17. BT?;111;,. G:3 ;,ti::r': ";1)t This agreenent shall be binding upon the City and
the University of Miami, their successors and: assigns, and they
of the terms and conditions hereof.
a;ha',11 abide by, each
IN W[ii;'.:t;S tidiiI.:};i:0)'', the Party
of the First' Part an caused tht se :p' esen to be
Manager and attested by its
executed in duplicate in its Wine, sigyr4.by,i% City
1A
,t.
City Cls{tk i and ha§
Party of the S tbtlel
in it ; tame, stfttied
' r!d and the said
canted itt critb ratti teal to he hereto affi c 4
Part hat r.a-1t1ted thete nresehts to be rkdetitod i.t1 dt3p .iea7te
by the fus ibtSS af•►4 attested hV itt t;e_erttarV and
has caused itt corfibt' to tea-tl to be
5i.rnr.d8 tttZ:kt?
in T)res3ettO'b ti
Astn the;
As , r t;,c Part" 617
1.,•",: r'V( 13 b Pf' sr .tlt l,On 16.
as to fort?, yid 1e'ai
t t torn(`y
hereto atfiY.ed.
ity Cleric,
tP, i`t? ht" IiIA
rrit
RVC:bk
12/10/76
RESOLUTION NO,
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO AN AGREEMENT WITH THE UNIVERSITY or
MIAMI FOR USE OF THE ORANGE BOWL STADIUM FOR THE
UNIVERSITY'S HOME VARSITY FOOTBALL GAMES, FOR A
10-YEAR PERIOD WITH AN OPTION TO EXTEND SAID
AGREEMENT FOR ONE ADDITIONAL 5-YEAR PERIOD.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OP MIANI,
PLORIDA:
Section 1. The City Manager is hereby authorized to
enter into an agreement with the University of Miami for the use
of the Orange Bowl Stadium for the University's home varsity
football games for a 10-year period with an option to extend
said agreement for one additional 5-year period.
PASSED AND ADOPTED this day of
1976.
ATTEST:
CITY CLERK
PR RED AND APPROVE :
51
(
ROBERT F. CLARK
ASSISTANT CITY ATTORNEY
APP D AS TO FIRM AND CORRECT :
F. KNO , JR.
CITY ATTORNE
"DOCUMENT, INDEX
ITEM NO. / If
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