§ 668.103. Initial leasing of sky boxes.

The first leasing of the sky boxes shall be conducted according to the following procedure:

(a)

Notice. The Director shall publish once in a newspaper of general circulation in the City an announcement that the City will accept applications for the leasing of the sky boxes. The announcement shall state:

(1)

Where application forms may be requested and where they are to be returned when completed.

(2)

The period of time during which applications will be accepted, which shall be not less than one week nor more than one month, as prescribed by the Director, beginning on a date subsequent to the date of the announcement.

(3)

That a deposit in the amount of $2,000 shall accompany each completed application form.

(4)

The annual rental for each class of sky box.

(5)

That the term of the lease is for three years, subject to the provisions of this Chapter and the lease agreement.

(6)

The procedure for sealed bids, auction and drawing which will be utilized to award each lease.

(7)

Other necessary particulars, including where more detailed information can be secured and the date on which the sealed bids will be opened, the auction held and the names of the prospective lessees are to be drawn.

(b)

Minimum annual rental. The minimum annual rental for the sky boxes is as follows:

(1)

For each 12-seat sky box—$7,200.

(2)

For each 16-seat sky box—$9,600.

The rental amount is exclusive of sales tax and of the admission ticket cost for events in the Gator Bowl.

(c)

Application; deposit. Each person desiring to lease a sky box shall make application with the Director on a form prescribed by the Director. Each application shall designate preference for either a 12-seat box or a 16-seat box, shall contain a sealed bid in an amount equal to at least the minimum annual rental for the designated box, and shall be accompanied by the deposit mentioned in subsection (a)(3) of this Section in the form of a cashier's check or certified check, and no application shall be accepted unless so accompanied. Applications shall be submitted in a sealed envelope; all envelopes shall be office-letter size. The date and time of receipt shall be stamped or marked on each envelope, except that envelopes received after the closing date of the application period shall be refused and returned to the person tendering them. Each person may submit only one application; if any person submits more than one application, the deposits submitted with the applications shall be forfeited to the City and the applications shall be withdrawn and deemed ineligible for consideration.

(d)

Identification of sky boxes. The sky boxes shall be numbered or otherwise marked so that prospective lessees can identify each sky box as to location and seating capacity. This identification system shall be used in the assigning of sky boxes during the auction or drawing prescribed by subsection (e) of this Section.

(e)

Award procedure. The leases will be awarded by combination of sealed bids followed by auction and by a lottery drawing. One-half of the available sky boxes will be awarded based on the sealed bid followed by an auction procedure and the other one-half of the available sky boxes will be awarded by a lottery drawing procedure, as follows:

(1)

Five 16-seat sky box leases and seven 12-seat sky box leases shall be awarded by the sealed bid-auction procedure as follows:

(i)

All applications will be opened and the sealed bids included in the application will be opened and arranged according to magnitude.

(ii)

The highest sealed bid for a 16-seat sky box shall be determined and the amount of the bid shall be the basis or minimum beginning bid for an auction for the first sky box to be awarded. The auction shall be conducted in a manner prescribed by the Director. Only persons who have made an application may participate in the auction. The highest bidder in this auction for the 16-seat sky box shall have first choice of the 16-seat sky boxes available for lease.

(iii)

Once the first 16-seat sky box has been selected, an auction shall be conducted for the first 12-seat sky box to be leased, with the minimum bid for the sky box being based on the highest sealed bid received for a 12-seat sky box. The successful highest bidder at the auction for this second box shall have the choice of selecting a sky box from the 12-seat sky boxes available for lease.

(iv)

This same procedure of alternating boxes and utilizing the highest remaining sealed bid for each type of sky box (12-seat or 16-seat) as the minimum starting bid for the auction shall continue until all the boxes available for lease under this procedure have been awarded.

(v)

An applicant not awarded a sky box by the sealed bid-auction procedure prescribed by this paragraph shall have his application considered in the lottery drawing.

(2)

Five 16-seat sky box leases and seven 12-seat sky box leases shall be awarded by a lottery drawing procedure as follows:

(i)

Applications remaining after the sealed bid-auction procedure as described in paragraph (1) has been completed shall be resealed in identical envelopes along with the corresponding sealed bid offered with the application. All resealed applications shall be marked to note whether the applicant requested a 16-seat sky box or a 12-seat sky box and shall be placed in appropriate containers corresponding to the number of seats requested.

(ii)

The envelopes shall then be drawn alternately, first from the 16-seat sky box container and then from the 12-seat sky box container, and after each drawing opened, and the applicant identified.

(iii)

The applicant whose name is drawn shall be offered a lease on his choice of one of the sky boxes, with the number of seats requested, available for lease.

(iv)

This sequence of alternating drawing and of assigning sky box leases shall be followed until either all of the sky boxes in the Gator Bowl sky box Section are awarded or all of the applications have been drawn and opened. If any applicant whose name is drawn refuses the award of a sky box, his application shall be withdrawn from any further consideration and his deposit forfeited to the City.

(v)

The rental amount for the lease for the boxes assigned pursuant to this lottery drawing procedure shall be that amount as initially bid by the applicant in his application, subject to the minimum annual rental required in Section 668.103.

(vi)

Each applicant, or his duly authorized representative, shall be present at the drawing; if an applicant is represented by another, the representative shall have the authority to accept the assignment of a sky box on behalf of the applicant. If the name of an applicant is drawn and he, or his representative, is not present, the application shall be disregarded and treated as if it had not been drawn at all.

(vii)

In the event that all of one type of sky box (12-seat or 16-seat) available for lease have not been awarded after all the applications for that type of sky box have been drawn, the drawing shall continue until all the other type sky boxes have been awarded, and then, if any applications still remain undrawn, those applications shall be drawn one at a time and the respective applicant shall be given the option to lease one of the remaining sky boxes at the minimum annual rental for that type of sky box (12-seat or 16-seat) as remains available for rental. An applicant whose name is drawn but refuses to accept the option shall not forfeit his deposit and his application shall remain on the list for future applicants as provided in subsection (f) of this Section.

(viii)

If there are still sky boxes available for lease after all the applications have been drawn, the Director shall publish a notice, substantially in the form required by Section 668.103(a), including a deposit requirement, for the submission of additional applications for sky box leases. An additional public drawing shall be held in the manner prescribed by Section 668.103(e)(2), as near as may be, to assign or award the remaining sky boxes. The requirements of Section 668.104 shall apply to a person to whom a sky box has been assigned under this subsection.

(f)

Unused applications. At the conclusion of the drawing, if all of the sky boxes have been assigned and sealed envelopes still remain undrawn, they shall be removed from the container and opened, and the applicants shall be notified that they have been placed on a list of future applicants for sky boxes, as provided in Section 668.105. The deposit shall be returned to each applicant notified under this subsection.

(Ord. 82-816-376, § 1; Ord. 82-949-410, § 1; Ord. 83-591-400, § 1)

Note— Former § 252.103.