HomeMy WebLinkAboutItem J-2 Resolution: Super Bowl ParkingCity of ~Vliami ~ard~ens
1515-200 NW 167~' Street
Miami Gardens, Florida 33169
Mayor Shirley Gibson
Vice Mayor Oscar Braynon II
Councilman Melvin L. Bratton
Councilman Aaron Campbell
Councilwoman Sharon Pritchett
Councilwoman Barbara Watson
Councilman Andre Williams
M~VIORANDUM
To: The Honorable Mayor and City Council
From: Dr. Danny O. Crew, City Manager
Date: January 3, 2007
Re: Carol City Community Center Super Bowl Parking Agreement
On October 12, 2006 City staff meet with representatives from the Super Bowl host Committee and
Ridgeway International, Inc to discuss the parking challenges Super Bowl transportation planners
will face on the day of the game. Ridgeway International, Inc was hired by the NFL has to
manage the construction and operation of all parking facilities for the games.
City staff was advised that in preparation for Super Bowl XLI, transportation planners had identified
several offsite parking facilities to accommodate the influx of visitors to Dolphin Stadium. One of
the sites identified is the Carol City Community Center.
The Super Bowl host committee via Ridgeway International has agreed to do the following is
exchange for use of the Carol City Community Center site for parking on game day:
• Pay all costs associated with the removal or mitigation of burrowing owl habitat.
• Pay all costs associated with site clearing and preparation, per the specifications attached
in Exhibit A
• Adhere strictly to the site plan and traffic flow as outlined by the City.
• Provide the City with 100% of the net parking revenue profit less specified expenses.
• Restore the site to the specifications outlined by the City.
Recommendation: Staff recommends approval of the attached Temporary License Agreement
befinreen the City of Miami Gardens and Ridgeway International for the development and use of the
Carol City Community Center Site for overflow parking on Super Bowl XLI game day.
J-2) CONSENT AGENDA
RESOLUTION
CAROL CITY COMMUNITY
CENTER SUPER BOWL PARKING
RESOLUTION No. 2007-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY
MANAGER AND CITY CLERK TO EXECUTE AND ATTEST,
RESPECTIVELY, A TEMPORARY LICENSE AGREEMENT WITH
RIDGEWAY INTERNATIONAL, INC., TO PERMIT PARKING FOR
SUPER BOWL XLI AT DOLPHIN STADIUM, IN SUBSTANTIAL
FORM AS THAT CERTAIN AGREEMENT ATTACHED HERETO
AS EXHIBIT "A"; PROVIDING FOR INSTRUCTIONS TO THE CITY
CLERK; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE.
1 WHEREAS, Ridgeway International, Inc., was hired by the National Football
2 League ("NFL") to manage construction operation of all parking facilities for Super Bowl
3 XLI, and
4 WHEREAS, the Dolphin Stadium, the NFL, as well as Ridgeway International,
5 Inc., have requested that the City permit the use of the property identified for the Carol
6 City Community Center for parking for the Super Bowl, and
7 WHEREAS, City Staff has reviewed the proposal and has recommended that the
8 City Council authorize a License Agreement between the City and Ridgeway
9 International, Inc., and
10 WHEREAS, in exchange for the License, Ridgeway International, Inc., has
11 agreed to pay the costs associated with the removal and/or mitigation of burrowing owls
12 on the property; pay all costs associated with site clearing and preparation to
13 accommodate parking at the Carol City Community Center; and to provide the City with
14 100% of the net parking revenue less specified expenses; and to restore the site to the
15 specifications outlined by the City,
16 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
17 OF MIAMI GARDENS, FLORIDA, as follows:
01-10 rev superbowl reso
18 Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas
19 paragraphs are hereby ratified and confirmed as being true, and the same are hereby
20 made a specific part of this Resolution.
21 Section 2. AUTHORITY: The City Manager and City Clerk are hereby
22 authorized and directed to execute and attest, respectively, a temporary License
23 Agreement with Ridgeway International, Inc., to permit parking for Super Bowl XLI at
24 Dolphin Stadium, as that Agreement attached hereto as Exhibit A.
25 Section 3. INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby
26 authorized to obtain three (4) fully executed copies of the subject Agreement, with one
27 to be maintained by the City; with two to be delivered to Ridgeway International, Inc.,
28 and with one to be directed to the Office of City Attorney.
29 Section 4. EFFECTIVE DATE: This Resolution shall take effect immediately
30 upon its final passage.
31 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI
32 GARDENS AT ITS REGULAR MEETING HELD ON JANUARY 10, 2007.
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SHIRLEY GIBSON, MAYOR
ATTEST:
RONETTA TAYLOR, CMC, CITY CLERK
Prepared by SONJA KNIGHTON DICKENS, ESQ.
City Attorney
SPONSORED BY:
MOVED BY:
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VOTE:
Mayor Shirley Gibson (Yes) (No)
Vice Mayor Oscar Braynon, II (Yes) (No)
Councilman Melvin L. Bratton (Yes) (No)
Councilman Aaron Campbell (Yes) (No)
Councilman Andre' Williams (Yes) (No)
Councilwoman Sharon Pritchett (Yes) (No)
Councilwoman Barbara Watson (Yes) (No)
123730_1.DOC
61
01-10 rev superbowl reso
TEMPORARY LICENSE AGREEMENT
THIS TEMPORARY LICENSE AGREEMENT, made and entered into this
day of 2006, by and between the CITY OF MIAMI
GARDENS, FLORIDA (hereinafter, "LICENSOR"), a municipal corporation of the
State of Florida, whose address is 1515 N.W. 167th Street, Miami Gardens,
Florida 33169, and Ridgeway International, Inc (hereinafter, "LICENSEE"), a
Florida corporation, whose address is 1200 Ford Road, Minnetonka, Minnesota,
55305.
WITNESSETH:
WHEREAS, LICENSEE desires to obtain a license to use the future Carol
City Community Center site, more particularly described as:
A portion of Tracts 66, 67, 68, 69, and 70 of EVERGLADES
SUGAR AND LAND CO. SUBDIVISION of Section 33, Township
51 South, Range 41 East, Dade County, Florida, according to the
plat thereof recorded in Plat Book 2, at Page 75 of the Public
Records of Dade County, Florida, and Tracts
4,5,6,7,8,9,25,26,27,and 28 of MIAMI GARDENS, according to the
plat thereof recorded in Plat Book 2, Page 96 of the Public Records
of Dade County, Florida
(hereinafter "Site") for parking in connection with the National Football League's
Super Bowl XLI (hereinafter "Event"); and
WHEREAS, LICENSOR agrees to permit LICENSEE to use the Site,
subject to certain terms and conditions,
NOW, THEREFORE, for and in consideration of the mutual covenants and
promises as hereinafter set forth and of the faithful performance of all such
covenants and conditions, LICENSOR and LICENSEE do hereby agree as
follows:
1. The LICENSOR hereby grants to LICENSEE the license, permit
and privilege to park cars on the Site in connection with the Event.
2. LICENSEE and LICENSOR intend that this document shall be a
license and privilege, and that no leasehold or other interest in the land is
conferred upon the user under the provisions hereof.
3. LICENSOR is permitting LICENSEE to park vehicles on the Site,
with the understanding that the Site's use will limited to parking in connection with
the Event, only.
4. The term of this Agreement shall be from January 11, 2007,
through February 5, 2007. LICENSEE shall have limited access to the Site
commencing January 11, 2007 for the purposes of site preparation and
construction per the specifications and timeframes outlined "Exhibit A" attached
hereto. No parking shall be permitted on the Site until February 4, 2007.
LICENSEE will have temporary exclusive access to the site for the purpose of
staging and parking for the Event beginning at 8:OOAM Saturday, February 3,
2006, and ending on 5:00 PM Monday, February 5, 2006.
5. LICENSEE may store materials, including but not limited to, lights,
dumpsters and port-o-lets, on the Site 24 hours prior to the start of the Event.
LICENSEE may place temporary signage on the Site 72 hours prior to the start of
the Event, indicating that the Site may be used for parking. All signage must
comport with the City's codes and ordinances. Signage containing commercial,
political, or other advertisement is prohibited. All signage must be placed at
locations to be determined by LICENSEE and the LICENSOR.
6. LICENSEE will arrange for and pay all costs associated with the
removal and/or mitigation of burrowing owl habitats on the site. The mitigation
and/or removal of the burrowing owls must be completed in accordance with
local, state and federal regulations.
7. LICENSEE and its sub-contractors will prepare the Site for use, and
will operate public and private parking and/or shuttle transportation services on
the Site in connection with Super Bowl XLI and related events and services. All
transportation and traffic flow plans must be approved by LICENSOR and strictly
adhered to by LICENSEE and its sub-contractors. LICENSEE shall restore the
Site to the specifications outlined by LICENSOR, ordinary wear and tear
incidental to parking and transportation operations excluded. LICENSEE may
only authorize parking vendors to operate on the Site and shall provide security
to monitor the Site during the Term. No other vendors shall be permitted on the
Site. Only Ridgeway/NFL Authorized passes will be allowed in the Site during the
Term of this Agreement.
8. LICENSOR represents, warrants and covenants that it owns the
Site and that it will make no use of the Site or take any action inconsistent with
the license granted hereby during the term of this agreement.
9. LICENSEE will pay the LICENSOR in accordance with the following
schedule for use of the Site for events associated with Super Bowl XLI:
Parking - In consideration of use for parking The Site on
designated dates:
1) LICENSOR will receive 100% of the net parking revenues.
Net revenue will be computed by determining total revenue
less the following on-site management expenses:
• Mowing / minor grading and Clean up, Not to
exceed $10,000
• Curb Rolls and Gravel, Not to exceed $15,000
• Staffing and logistics (lights, porto-pots,
signage, security, police, striping carts), Not to
exceed $15,000
2) As an additional consideration LICENSEE will pay all costs
associated with lot clearing, preparation, and construction,
as outlined in Exhibit "A" attached hereto. LICENSEE will
also pay all costs associated with the mitigation and/or
removal of burrowing owl habitats on the site, as specified in
Section 6 of this Agreement.
3) LICENSEE guarantees LICENSOR that there will not be a
"loss" of revenue related to LICENSEE'S use of the Site.
10. This Agreement does not grant the LICENSOR the right to use
trademarks of the NFL or the Member Clubs, including, but not limited to, the
terms "National Football League," "NFL," "Super Bowl," their respective logos,
and the names, symbols, helmet and uniform designs of the Member Clubs
(called "NFL Marks").
11. LICENSEE agrees to defend, indemnify, save and hold harmless
the LICENSOR and the LICENSOR's officers, agents and employees from any
claim, demand, suit, loss, cost or expense or any damages which may be
asserted, claimed or recovered against or from LICENSOR or LICENSOR's
officers, agents, or employees by reason of any damage to property or personal
injury, including death and which damage, injury or death arises out of, or is
incidental to, or in any way connected with this Agreement, including any claims
made for trademark infringement, intellectual property violations, etc. This
indemnification includes, but is not limited to, the perFormance of this Agreement
by LICENSEE and LICENSEE's use of the Site hereunder, or any act or omission
of LICENSEE, its agents, servants, contractors, patrons, guests or invitees and
includes any costs, attorneys' fees, expenses and liabilities incurred in the
defense of any such claims or the investigation thereof. Nothing contained
herein shall be deemed a waiver of sovereign immunity by the LICENSOR.
12. LICENSEE shall obtain and keep in force at all times during the full
period for which the privileges hereunder are granted, a policy or policies of
public liability and property damage insurance, protecting the LICENSOR, its
officers, agents and employees against any and all liability due to death, injury or
damage to property arising out of, or any way incidental to Licensee's use of the
Park. LICENSEE agrees to provide the policy or policies in comprehensive form,
in an amount of not less than One Million ($1,000,000.00) Dollars combined
single limit, per occurrence, bodily injury, including death and property damage.
The insurance policy shall also contain broad form contractual coverage
applicable to this Agreement and, specifically, including the indemnification and
hold harmless clause contained herein. Additionally, LICENSEE shall obtain and
keep in force at all times, Automobile Liability Insurance covering LICENSEE'S
operations hereunder, in an amount not to exceed One Million ($1,000,000.00)
Dollars, per occurrence for bodily injury and property damage combined.
LICENSEE must provide that the LICENSOR is listed as an additional insured on
all required policies. LICENSEE shall obtain a certificate of insurance evidencing
the coverages described on all required policies. Such certificate of insurance
shall be submitted to LICENSOR upon execution of this Agreement.
13. LICENSEE in the conduct of its activities under this Agreement
shall comply in all material respects with all applicable federal, state, and local
laws and regulations.
14. The LICENSOR shall have the right in its sole discretion to
terminate this Agreement without or without cause, by giving forty-five (45) days
notice to LICENSEE.
15. In the event that any sentence, section, paragraph or portion of this
Agreement shall be held by a court to be invalid for any reason, such invalidity
shall not affect the remaining portions of this Agreement and the same shall
remain in full force and effect.
16. Any waiver by either party hereto of any one or more of the
covenants, conditions or provisions of this Agreement, shall not be construed to
be a waiver of any other covenant, condition or provision of this Agreement.
17. Any and all notices to be given under this Agreement may be given
by certified or registered mail addressed to:
If to LICENSEE:
If to LICENSOR:
Ridgeway International, Inc.
c/o Paul Ridgeway Jr., Executive Vice President
1200 Ford Road, Minnetonka, Minnesota, 55305
CITY MANAGER
City of Miami Gardens
1515 N.W. 167th Street, Bldg. 5, Suite 200
Miami Gardens, Florida 33169
18. This Agreement is not assignable by the parties.
19. Should any dispute arise hereunder, the prevailing party shall be
entitled to recover against the nonprevailing party all costs, expenses and
attorney's fees incurred by the prevailing party in such dispute, whether or not suit
be brought, and such right shall include all of such costs, expenses and attorney's
fees through all appeals or other actions.
20. This Agreement and the terms hereof shall be construed in
accordance with the laws of the State of Florida and venue for all actions in a court
of competent jurisdiction shall lie in Dade County, Florida.
21. No statements, representations, warranties, either written or oral,
from whatever source arising, except as expressly stated in this Agreement, shall
have any legal validity befinreen the parties or be binding upon any of them. The
parties acknowledge that this Agreement contains the entire understanding and
agreement of the parties. No modifications hereof shall be effective unless made in
writing and executed by the parties hereto with the same formalities as this
Agreement is executed.
22. The preparation of this Agreement has been a joint effort of the
parties, and the resulting document shall not, solely as a matter of judicial
construction, be construed more severely against one of the parties than the other.
It is the parties' further intention that this Agreement be construed liberally to
achieve its intent.
23. This Agreement may be executed in one or more counterparts, each
of which shall be deemed an original, but all of which shall constitute one and the
same agreement.
24. All exhibits attached hereto or mentioned herein which contain
additional terms shall be deemed incorporated herein by reference. Typewritten or
handwritten provisions inserted in this form or attached hereto shall control all
printed provisions in conflict therewith.
IN WITNESS WHEREOF, the parties hereto have caused these presents
to be executed by their duly authorized agents and representatives with all the
formalities required by law on the day and year first written above.
CITY OF MIAMI GARDENS
Danny Crew, City Manager Date
ATTEST:
City Clerk
Ronetta Taylor, CMC
Approved as to form and legal Ridgeway International, Inc
sufficiency:
By:
Sonja K. Dickens, City Attorney
It's President
Witness
Name Type/Print Name
Date
Witness
123085_1.DOC
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January 3, 20(37
Re: Lc~t 20 Timeline
Between January 11 `~' an~c1 ~`ebtuary 4`i' 2007 the follcn~i~ng w~ill oecur:
minor grading, mowingj` ~rush h~gging, garbageltrash removal, and general site ciean-up
curb rolls and gravel wt~rk in low s~pots.
VJe will also be putting out port-a-potties, temporary li~hting, temporary signage,
striping, and fericing prior to the g~u~e being held on February 4`h.
By the end of t~ie day fc~llo~uing Super Bowl Game Day (Monday, Febniary 5`~'~, the lot
w~ilt be r~tun~ed clc~er thail its c~rigi~ial condition. The curb rolls ~will be removed arld
any temporary si~;nage, fencing, li~-ting or port-a-pottics will also be removed.
By end af day Monciay, February 5`~'2007; tlle ~roperty~ ~~ill be rest~rcd less irash
removed.
Thank you,
~ „ _.
, ~,,.:
t _
aul Rid wa
Executive Vioe 'President
Ridge~~•ay Inteniational, Inc.
Ridgewa}~ Internaiional, Inc.
~vttr.ts & Tr2nsportatibn
':200 Forc! !2c>ad
AQ;nw.etonkz, [~iN 55305
Pnone: V52.$93.1111
Fax: 95"1.893.' F95