SUPER BOWL LAND LI GOVERNMENTAL SERVICES AGREEMENT
This Super Bowl Land LI Governmental Services Agreement ("Agreement") is made and entered into as of the I q-lil day of ..Mucl,_, 2013, by and among the City of Santa Clara, a chartered California municipal corporation ("City"), the Santa Clara Stadium Authority, a joint exercise of powers entity, created t!U"ough Government Code Section 6500 et seq., ("SCSA"), the Forty Niners SC Stadium, LLC, a Delaware limited liability company ("StadCo"), and SF SB Committee, Inc., a California nonprofit mutual benefit corporation ("Host Committee").
RECITALS
A. The National Football League, an unincorporated, not-for-profit association (the "N}'L") owns, produces and controls its annual professional football championship game known as the Super Bowl and all rights relating thereto on an exclusive, worldwide basis.
B. The Host Committee, acting as the "Bid Commillee" is submitting bids (each a "Bid") to the NFL to host Super Bowl L and LI (each a "Super Bowl,,) and related activities with the expectation that a Super Bowl will be played at the Santa Clara Stadium (the "Stadium") and other Super Bowl events will occur in the city of Santa Clara. If awarded a Super Bowl, the Host Committee will become the actual host of the awarded Super Bowl, and is expected to raise sufficient funds lo pay all of its obligations in connection with the Super Bowl.
C. The Stadium is owned and operated by the SCSA. SCSA leases the property upon which the Stadium is constructed from the City pursuant to that certain Ground Lease dated March 28, 2012 by and between the City and the SCSA, (the "Ground Lease"). StadCo leases the Stadium from the SCSA for six months of the year pursuant to that certain Stadium Lease dated March 28, 2012 by and between the SCSA and StadCo (the "Stadium Lease"), and pursuant to the Stadium Lease is responsible for operating the Stadium for all ''NFL Events," as such term is defined in Section 4.2.2 of the Stadium Lease.
D. The City is supportive of the bid to host a Super Bowl and has within its jurisdiction facilities and premises, access roads, thoroughfares and other areas that may be used for the purpose of organizing, promoting, accommodating, staging and conducting a Super Bowl and its related events.
E. StadCo and its affiliated entities are also supportive of the bid to host a Super Bowl and have devoted and will continue to devote substantial resources to the effort to win the bid and, if avvarded, to accommodate, stage and conduct a Super Bowl.
F. The NFL requires d1at the City, as part of the bid package, provide assurances that certain govenunental services are provided for a Super Bowl at no cost to the NFL or the Teams participating in a Super Bowl. The City has adopted the required resolutions as l 524\02\1306440.3
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Resolutions No. 13-8009, 13-80 IO, 13 8011, 13-8012, 13-8013, 13-8014 ("Resolutions") in the form attached hereto as Exhibit A, and is prepared to provide the required services subject to the agreements regarding reimbursement provided_ for in this Agreement.
G. The City, the SCSA, StadCo and the Host Committee desire to enter into this Agreement to set forth certain rights and obligations of the parties with respect lo a Super Bowl.
NOW, THEREFORE, for and in consideration of the premises, undertakings and mutual covenants of the parties set forth herein and other good and valuable consideration, the receipt and sufficiency of\'vhich is hereby acknowledged, the parties agree as follows:
I. Super Bowl Services.
a. The parties anticipate that the City will schedule, provide and command on-duty and off-duty police officers, fire personnel, medical personnel, traffic management personnel, other public safety personnel and other personnel from the City and other jurisdictions (pursuant to agreements between such other jurisdictions and the City) to perform public safety, traffic management and other public services (such services, including any services agreed to pursuant to Section l .b., collectively referred to as "City Super Bowl Services") for certain components of a Super Bowl that are expected to take place in the City, including but not limited to the Super Bowl Game, the NFL Tailgate, NFL On Location and Media Day to be held in connection with the Super Bowl. b. Upon the award of the Super Bowl by the NFL to the Host Committee, and every three months thereafter until the conclusion of the Super Bowl, the Parties shall meet and confer in good faith to mutually agree upon the scope and terms of the City Super Bowl Services including: (i) the specific public safety services to be provided, including but not I imited to the training and deployment of police, fire and emergency medical services described in the Resolutions (the "Public Safety Services"); (ii) the other specific City Super Bowl Services agreed to be funded by the Host Committee that arc not Public Safety Services to be provided, including but not limited to traffic management, planning, building inspection, public right-of-way cleanup or otherwise described in the Resolutions (the "Other City Super Bowl Services"); and (iii) the actual costs expected to be reasonably incurred by the City for the provision of such Public Safety Services (the "Public Safety Services Costs") and Other City Super Bowl Services (the "Other City Super Bowl Services Costs" and, together with the Public Safoty Services Costs, the "City Super Bowl Services Costs"); and (iv) a fair and reasonable budget and cost allocation as between the City and the Host Committee with respect to costs related to planning for Public Safety Services (the meet and confer process described in this sentence shall be referred to herein as the "Services Agreement Process"). The City and the Host Committee recognize that the scope of the Public Safety Services to be provided will, at a minimum, be expected to meet any standards established by the NFL and federal law enforcement agencies. The parties hereby agree that the City shall not provide or undertake to provide any 1524\02\ 1306440.3
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2 Public Safety Services or Other City Super Bowl Services, and the City shall not incur any Public Safety Services Costs or Other City Super Bowl Services Costs, until the parties reach a mutual agreement on such items pursuant to the Services Agreement Process. Such mutual agreemcnt(s) shall be memorialized as amendment(s) to this Agreement.
c. In the event that the City and the Host Committee are unable to agree on either (i) the budget and cost allocation related to planning for Public Safety Services; or (ii) any significant matters relating to the scope of either the Public Safety Services or Other City Super Bowl Services, or the amount of City Super Bowl Services Costs, and either the City or the Host Committee concludes, after the City and the Host Commiltee have met at least three times on a particular issue, that discussions are no longer productive and the matter needs to be resolved to meet a reasonable schedule, then either party may cause the parties lo submit any such unresolved matters to a mutually agreed upon mediator to be identified al a later time. The City and the Host Committee agree to split the costs of any such mediation. The parties expect that the selected mediator would have experience and knowledge of public safety matters in the context of a large entertainment or sports event, but that such selected mediator would not have to be a current or former public official. Any such mediation shall be conducted expeditiously and in all events the parties shall use their best efforts to have such mediation resolved within sixty (60) days after the matter is submitted to mediation. The City shall not undertake or provide any City Super Bowl Services that are the subject of such mediation until the mediation is completed.
d. The City and the Host Committee may agree to use providers in addition to City personnel to the extent necessary based on City resources or, with respect to Other City Super Bowl Services, reasonably practicable in accordance with applicable Jaw and the City's employment and labor obligations. To the extent that Public Safety Services Costs or Other City Super Bowl Services Costs would be provided by third parties the Host Committee may obtain estimates of such costs from other jurisdictions or service providers or negotiate lower costs with outside providers used by the City, and the patties shall use their best efforts to agree to use the lowest cost provider that is reasonably available. The Host Committee I 52410211306440.3
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and the City will mutually agree on the terms of the agreements with any such outside providers. The Host Committee recognizes that the City is responsible for police and fire services within the City of Santa Clara and City will not relinquish its police powers within its jurisdiction. The Host Committee further recognizes that the City will be the lead local jurisdiction for Super Bowl events held in the City and any other local government entities (or persons employed by such entities) involved in the provision of Public Safety Services will be under the command of persons employed by the City for purposes of delivering Public Safety Services in cooperation with the NFL and federal Jaw enforcement agencies.
3 e. The Host Committee shall be responsible, and reimburse the City, for all of the City's actual Public Safety Services Costs for Public Safety Services and Other City Super Bowl Services Costs for Other City Super Bowl Services agreed upon pursuant to the Services Agreement Process pursuant to paragraph Lb. herein and memorialized in an amendment hereto.
f. Upon award of the Super Bowl by the NFL to the Host Committee, the City can submit invoices to the Host Committee for agreed Pub I ic Safety Services and· agreed Other City Super Bowl Services for actual costs incurred by the City in connection with the actual performance of such services, including any deposits required to be paid by the City pursuant to any contracts entered into in accordance with agreed Public Safety Services and Other City Super Bowl Services (but subject to reimbursement to the Host Committee if any such deposits are refunded to the City under any such contract). Each invoice shall be detailed including a breakdown of services provided and hourly rates for the personnel providing such services. The Host Committee shall be responsible for paying each invoice within sixty (60) days of receipt. In addition, no fewer than 30 days prior to the day of a Super Bowl game, Host Committee shall advance to the City an amount equal to 50% of the agreed City Super Bowl Services Costs expected to be incurred on the day of the Super Bowl game (such amount the "Game Day Advance"). The Game Day Advance shall be counted as a credit toward any then outstanding or subsequently incurred amount owed by Host Committee to the City for City Super Bowl Services. In the event that the Host Committee and the City agree to use non-City providers for any City Super Bowl Services, the terms of payment of such providers shall be as set forth in the agreement for such providers.
g. If the Host Committee is awarded the Super Bowl, the Host Committee shall use its reasonable efforts to determine whether a letter of credit or other form of security acceptable to the Host Committee and the City is available on terms and conditions reasonably acceptable to the Host Committee to secure the aggregate amount of City Super Bowl Services costs agreed pursuant to Section 1.b. The Host Committee will provide updates to the City during the Services Agreement Process regarding the progress of its fundraising and the Host Committee budget.
As part of the Host Committee budget, Host Committee shall create a segregated Santa Clara Public Safety Services Cost line item. The methodology for allocating funds to such line item is to be agreed upon by the City and the Host Committee based on determination of the Public Safety Services Cost pursuant to the Services Agreement Process and the status of the Host Committee fundraising efforts.
h. The parties hereto agree that the Host Committee shall not be required to pay any rental fee or similar charge for the use, in connection with a Super Bowl, of the Stadium or of any parking facilities owned by the City and controlled either by the SCSA or StadCo for Stadium related events listed on Exhibit B. The parties expect that such facilities would be returned in like condition. Notwithstanding I 524\02\1306440.3
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4 the preceding sentence, the Host Committee shall not be responsible for any damage or Joss resulting from any casualty, terrorist acts, hurricanes, earthquakes, floods, acts of God, fires and other casualties, riots, insurrections or civil commotions, or any similar item, event or condition beyond the Host Committee's reasonable control, or any ordinary wear and tear (each of the foregoing a "Catastrophic Event"). However, the Host Committee shall contribute any proceeds received from any insurance policy for any facility described in this Paragraph l. h. that are paid to the Host Committee in connection with a Catastrophic Event to the owner or party responsible for the repair of any of such facility. The City will support the use of the Santa Clara Convention Center for NFL On Location and an accreditation center related to the Super Bowl at no cost to the Host Committee. The City further supports the remaining use of the Convention Center through a Reservation Agreement with the NFL and its affiliates.
2. Ticket Surcharges.
a. In compliance with the NFL's requirements, the City agrees that for purposes of a Super Bowl, StadCo and SCSA are excused from any and all obligations to collect or pay the City of Santa Clara Senior and Youth Program Fee, if applicable. Notwithstanding the preceding sentence, the Host Committee agrees that it will use reasonable efforts to ensure that a portion of any NFL Super Bowl Legacy Grants made by the NFL and funds raised by the Host Committee for purposes of making grants to non-profits are awarded to youth organizations meeting criteria established by the Host Committee operating in the City and pi·oviding services to City of Santa Clara youth, and shall use its reasonable efforts to ensure that appropriate organizations in the City are given equal consideration in terms of the amounts awarded as is given to other organizations throughout the San Francisco Bay Area. If for any reason, no NFL Super Bowl Legacy Grants are awarded to City of Santa Clara youth organizations, the Host Committee agrees that, if it retains any monies after satisfaction of all of its .financial obligations with respect to a Super Bowl, then Host Committee will make a donation of not less than $25,000 ( or the remaining amount of any monies, if less than $25,000) to the City to be used in accordance with the requirements for the Senior and Youth Program Fee.
b. SCSA and StadCo further agree that, for a Super Bowl, that StadCo is excused from any and all obligations to collect or pay the "NFL Ticket Surcharge" as that term defined in Section 12.1. l of the Stadium Lease.
3. Off Site Parking Permit Fee. Pursuant to Section 18.86.030 of the Santa Clara City Code, owners of property to be used for off-site parking for non-residential uses must apply for and pay an Off-Site Parking Permit Fee that is assessed on a per parking space per event basis. The purpose of the Off-Site Parking Permit Fee is to cover public safety and traffic management costs incurred by the City as a result of the use of parking spaces for events. The City costs intended to be paid for with the Off Site 1524\02\1306440.3
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5 Parking Permit fee are part of the costs included in City Super Bowl Services Costs to be paid for by the Ho s t Committee pursuant to the term s of this Agreement. In recognition of that fact, the City agrees to use reasonable effort s to adopt an ordinance exempting owners of off-site parking lots from the Off Site Pa rking Permit Fee for the Super Bowl and related events. StadCo and Host Committee recogniz e that adoption of such an ordinance is a discretionary action of the City Council and nothing herein waives that discretion. If, however, such an ordinance is not adopted , then the City and the Ho s t Committee agree to meet to discuss in good faith any accommodations that may be available in lieu of the exemption.
4. Tran sient Occupancy Tax. The NFL requires that -the NFL and it s affiliates be exempted from the payment of any tran sient occupancy taxes as sociated with hotel room s occupied by representatives of the NFL and it s affiliates, including the teams participating the Super Bmvl (the "Teams"). The City agrees to use reasonable efforts · to adopt an amendment to it s Transient Occupancy Tax to exempt employees of the NFL and it s affiliates named in Exhibit C hereto, including the Teams , from the payment of Tran sient Occupancy Tax. The Host Committee recognizes that the adoption of any such ordinance is subject to the discretionary approval of the City Council and that as with all ordinances, such an ordinance may be subject to referendum or challen ge. I( however, such an ordinance is not adopted, then the City and the Ho s t Committee agree to meet to discuss in good faith any accommodation s that may be available in lieu of the exemption.
5. Stadium License. NFL request s an agreement (a "Stadium MOU") signed by SCS I\ indicating an agreement concerning matters described in the Bid speci fications relatin g to the Stadium and other areas of SCSA' s authority , responsibility or control with respect to the Super Bowl. StadCo acknowledges that the SCSA will enter into the Stadium MOU and into the License contemplated therein. StadCo will cooperate with the SCSA to make StadCo 's leased space in the Stadium and Ancillary Sites (as defined in the Stadium MOU) , includin g parking areas, available under the Stadi um MOU and the License in acco rdance with the terms of the Stadium MOU and the License; provided that StadCo shall not be required to incur any out of pocket co sts in connection therewith. The parties acknowledge and agree, except as otherwise agreed to in writing by such entity after the date of this Agreement , that none of StadCo, the SCSA and/or the City or any of their respective affiliates shall be responsible for any co sts under the Stadium MOU or License, including , but not limited to preparing the field pre-Super Bowl, or repairing and restorin g the field, the Stadium, and all surrounding and related areas, includin g all parking areas under the cont rol of the City, the SCSA or StadCo ( except to the extent of proceeds received in respect of a Catastrophic Event, as defined in Paragraph l .i; herein under in surance maintained in accordance with the Ground Lease or Stadium Lease), and that none of SCSA, StadCo and the City, nor any of their respective affiliates, will be responsible for any other out of pocket costs , includin g without limitation, any inc remental in surance costs relatin g to the Super Bowl, that mi ght otherwise be costs of StadCo or the SCSA, or their affiliates, under the Stadium Lease or agreement s relatin g to Stadium parking or other Stadium uses. The City, SCSA and the Ho s t Committee agree that neither StadCo nor I 524102\1306440.3
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6 any of its affiliates shall have any further obligation, cost or liability under the Stadium Lease or otherwise arising out of or relating to the Super Bowl other than as set forth in the Stadium MOU, except to the extent that StadCo may, after the date hereof, otherwise agree in writing.
6. Ambush Marketing. The City agrees to use reasonable efforts to adopt an anti-ambush marketing "Clean Zone" within designated areas surrounding the Stadium to be agreed upon by the City, the NFL and the Host Committee, by, among other things, permitting marketing and advertising in the Clean Zone only upon the grant of a permit by the City. Notwithstanding the previous sentence, any anti-ambush marketing Clean Zone provisions are subject to federal and state Constitutional free speech protections. In adopting any regulations the City will use its best judgment of the legality of any anti ambush marketing Clean Zone regulations and will only adopt such regulations that are reasonably understood to not result in an impairment of free speech rights. To the extent that the NFL shall requir e the City to incur costs enforcing the Clean Zone ordinance, such costs would be considered Public Safety Costs subject to reimbursement from the Host Commit tee pursuant to this Agreement. Recognizing the lim itations of any Clean Zone regulations imposed by the City, the Host Committee agrees that to the extent that the NFL requires a prevention fund to prevent ambush marketing, the Host Commi ttee shalt be solely responsible for funding the prevention fund.
7. Compliance. In recognition of the significance of a Super Bowl and to ensure the safety of the public, the City agrees to allocate personnel and to establish expedited review processes for construction activity inside the Stadium and in the areas adjacent to the Stadium to adequately permit and inspect construction related to a Super Bowl.
These expedited review processes will be provided to the NFL and the Host Committee to facil itate the timely submittal, review and approval of construction activities related to Super Bowl. The City also agrees to consider applications for permit fee waivers for construction activit y related to the Super Bowl conducted by the NFL or the Host Commit tee which waivers are subject to the discretionar y approval of the City Council.
If, however, any fee waiver is not granted or expedited review is not granted, then the City and the Host Commi ttee agree to meet to discuss in good faith any accommodations that may be available in lieu of such accommodations.
8. Host Comm ittees Responsibilities. The Host Committee shall be solely responsible for meeting any obligations that the Host Committee may incur with regards to the use of facili ties in or around the Stadium that require the Host Committee to enter into contracts with parties other than the City, SCSA and StadCo.
9. Fees and Taxes. Except as otherwise agreed to herein, the City is not responsible for and is not agreeing to waive any income, gross receipts, payroll, franchise, sales and use, admission, or amusement, taxes that maybe imposed on the NFL or its affilia tes, the Host Committee or its affiliat es or with respect to the Super Bowl events to be held in the City and shall not be responsible to reimburse the NFL, its affiliates, the Host 1524\02\1306440.3
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7 Committee or ils affiliates for any income, gross receipts, payroll, franchise, sales and use, admission, or amusement taxes paid by such entities except as set fo11h herein.
10. Non-Liability of Officials. No member, official, employee, manager or agent of any party shall be personally liable to any other parly, or any successor in interest, in the event of any default or breach by such party for any amount which may become due to any other party or successor or on any obligation under the terms of this Agreement. 11 . State Law. This Agreement, and the rights and obligations of the patties hereto, shall be construed and enforced in accordance with the laws of the State of California. 12 . Additional Acts. The parlies each agree to take such other and additional actions and execute and deliver such other and additional documents as may be reasonably requested by the other parties for purposes of consummating the transactions contemplated in this Agreement.
13. Validity of Agreement. If any provision of this Agreement, or the application thereof to· any person, party, transaction, or circumstance, is held invalid, the remainder of this Agreement, or the application of such provision to other persons, parties, transactions, or circumstances, shall not be affected thereby.
14 . Modification and Amendment. This Agreement cannot be amended or modified except by written agreement of the pai1ies.
15. Termination. This Agreement may be terminated by the Host Committee upon 10 days written notice to the other parties hereto in the event that (i) the Host Committee or the NFL has determined that the Super Bowl will not be held at the Stadium and (ii) Host Committee has fully reimbursed the City for actual City Super Bowl Services Costs for agreed City Super Bowl Services incurred by the City prior to the effective date of such termination.
This Agreement may be terminated by the City or SCSA upon 10 days written notice to the other parties hereto in the event that the Host Committee fails to make any payments required to be made to the City or the SCSA pursuant to this Agreement when due and such failure continues after the City/SCSA has provided the Host Committee with written notice of such failure and at least 30 days to cure such failure (or 10 days to cure such failure in the case of a failure to pay the Game Day Advance in a timely manner). In the event this Agreement is terminated as a result of the Host Committee's failure to make required payments, the City and the SCSA shall also be entitled to rescind the Resolutions and take whatever actions are necessary to limit its liability with regards to the City Super Bowl Services.
Notwithstanding the foregoing, Paragraph 5 of this Agreement shall survive any termination pursuant to this Paragraph 15 .
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8 16 . Enti r e Agree ment. This Ag ree ment (including any Ex hibit s, Sc hedules, Appendice s or other attachments hereto ) const itutes th e entire ag reement, and supe rsedes all pr ior wr itten ag reements, anangements, communicati ons an d understandings, and all prior and contempo rane ous oral agreements, arrangem ents, co mmun ications and understandings am ong the parties with respect to the subject matte r hereof and thereo f.
Notwithstandin g any oral ag ree ment or co urse of conduct of the parties or thei r representatives to the contrar y, no party to this Ag reem ent sh all be under any legal obli gation to ente r into or co mplete the transactions contemplate d hereby unles s and unt il this Agree ment shall have been executed and delivered by eac h of the pa rties.
17. Binding Upon Succes sors. This Agreement shall be bin ding upon and inure to the benefit of the heir s, ad minist rators, exec utors, succes sors in interest and assigns of each of the parties to this Ag reement. An y reference in this Ag reement to a specifically named party shall be deemed to appl y to any success or, heir, administ rator, exec utor or as sign of such party wh o has ac quired an interest in comp I iance with the terms of this Agreement, or under law.
J 8. Time of the Es sence. Ti me is of the es sence in the perfo rmance of all duties and obligat ions under th i s Ag reement.
19 . Exec ution in Counter parts. This Agreement may be executed in an y nu mber of counterpa rts and by different parties hereto in separate co unterparts, each of wh ich when so executed shal l be deemed to be an original and all of whic h taken to gether shall constitute one and the same agreement.
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[The re mainder of this pa g e intentionall y le ft blan k] 9 EXHIBIT A
Resolutions
[See attached]
RESOLUTION NO. 13-8009
A RESOLUTION OF THE CITY OF SANTA CLARA,
CALIFORNIA, REGARDING SUPPORT FOR SUPER
DOWL LB ID
BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
WHEREAS, the National Football League (the "League") owns, produces and c-0nh ols the amrnal professional football championship game knO\m as the "Super Bowl," the larges[ national ammal sporting event held in this countT)'; NFL Properties LLC (''NFLP" or, together with the League, the "NFL") owns, produces and controls the "NFL Experience," and along with other NFL Affiliates owns, produces and controls certain other events associated with the Super Bowl ("Official Events");
WHEREAS, the City of Santa Clara has within its jurisdiction facilities and their premises, access roads, thoroughfares and other areas which may be used for the purposes of organi�ng, promoting, accommodating, staging and conducting Super Bowl La nd its related Official Evc1its and activities;
WHEREAS, hosting the Super Bowl and Ofl1cial Events will generate goodwill, enhance the worldwide renown and prestige of the City of Santa Clara, create temporary jobs and create substantial beneficial economic and fiscal activity;
WHEREAS, the NFL bas requested a declaration of support from the City of Santa Clara and certain assurauces concerning the perfomiance of reasonably necessary govenunental services in connection with the Super Bowl and related Official Events held in the City of Santa Clara as part of the fonnal bid of SF SB Committee to have the City of Santa Clara designated as a site for Super Bowl L; and,
WHEREAS, the Stadium Project, including CODsideration of a Super Bowl being held at tl1e Stadiwu has previously undergone environmental review pursuant to the California City Support Resolution Super Bowl L
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Enviromncntal Quality Act ("CEQA") and was considered as part of the project Environmental Impact Report certified for the proposed 49ers Santa Clara Stadium Project ill 4900 Ccnte1mial Iloulevard (the "Stadium ECR").
NOW THEREFORE, BE IT FURTHER RESOLVED BY THE CITY OF SANTA CLARA· AS FOLLOWS:
I. The City Council hereby finds, for the following reasons, and based on the provision of CEQA (with particular reference to 14 California Code of Regulations, Section 1516 2), that the Stadiwn EIR has served as the enviromnental documentation pursuant to CEQA for approval of this Resolution and the Super Bowl. 111e City Council further specifically finds tl)at there have not been any of the follo\\fog occurrences since the approval of the Stadium EIR that would require a subsequent or supplemental enviro?,Jnental docwnent in connection \\�th approval of Ibis Resolution and a Super Dowl being held al the Stadium:
a. there have not been substantial changes in the project analyzed in the Stadimn EIR which would require major revisions in the Stadium ECR and the Mitigation Monitoring Program;
b. there have not been substantial changes with respect to the circwnstances under which the project analyzed in the Stadium ECR will be undertaken wl1ich would require major revisions in the Stadium EIR and the Mitigation Monitoring Program; and, c. there has not been the appearance of new information which was not known and could not have been known as of the date of approval of the Staditun EIR and the Mitigation Monitoring Program which is relevantto the approval of the Stadimn EIR and the Mitigation Monitoring �rogram as it relates to the approval of the documents and agreements set forth in this Resolution.
City Support Resolution Super Bowl L Page 2 of5
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2. That the City of Santa Clara welcomes Super Bowl L and related Official Events to its jurisdiction and to that end declares its full support of the efforts of SF SB Committee, lnc. to have the Cit)' of Santa <;:Iara selected as the site for Super Bowl L.
3. 11iat, upon �esiguation of the City of Santa Clara as a site for Super Bowl L, and at all times thereafer, the City of Santa Clara, and its agencies, departments and personnel, agree to provide all govcnunental services (including without lim itation public safety, security, fire and medical emergency, traffic, decorative display and public works/street maintenance services and supplies) reasonably necessary to the success of Super Bowl L and related Official Events with.in its jurisdiction (whether, recognizing the uniqueness and extraordinary scope of the Super Bowl, such services are below, equal to or beyond the nonnal level and range of govemmcnta! services usually provided for events held within the jurisdiction), including all planning, trainfog or deployment activities related to the provision of such services, all at no cost, expense or liability to the NFL or the two participating Teams (the "Teams").
4. That the City of Santa Clara agrees that neither the NFL, the Teams, nor any director, shareholder, officer, agent, employee or other representative of the NFL or the Teams shall be held accountable for or incur any financial responsibility or liabili ty of any kind or nature whatsoever in com1cction with the govenunental services pla1mcd and/or provided relating to Super Bowl L and related Official Evenis.
5. That the City of Santa Clara agrees that it shall not authorize any sponsorships of the City of Santa Clara <luring the two weeks prior, through the week following; of Super Bowl L anti related Official Events, provided, however, nothing herein shall prevent the City from authorizing sponsorships of specific City events tmrelated to the Super Bowl.
6. Nothing herein shall prevent ·the City from seeking reimbursement for the govenunental City Support Resolution Super Bowl L
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services prqvid�d related to the Super I3owl and other OOicial Events from the SP SB Committee, the Santa Clara Stadium Authority or any other entity other than the NFL and the Teams.
7. The City Manager is hereby authorized and directed to file a Notice of Determination with respect to the approvals set forth in this Resolution in accordance with the applicable provisions ofCEQA.
8. Constitutionality. severability. If any section, subsection, sentence, clause, phrase, or word of this resolution is for any reason held by a court of competent jurisdiction to be unconstitutional or invalid for any reason, such decision shall not affect the validity of the rcmaini11g portions of the resolution. The City of Santa Clara, Califomia, hereby declares that it would have passed this resolution and each section, subsection, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more section(s), subsection(s), scntcnce(s), clause(s), 11hrase(s), or word(s) be declared invalid.
City Support Resolution Super Bowl L
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RESOLUTION NO. 13-8010
A RESOLUTION OF TIIE CITY OF SANTA CLARA,
CALIFORNIA, REGARDING SUPPORT FOR SUPER
BOWL LI BID
BE IT RESOLVED DY THE CITY OF SANTA CLARA AS FOLLOWS:
"'HEREAS, the National Football League (the "League") owns, produces and controls the rumual l)rofcssional football championship game known as the "Super Bowl," the largest national annual sporting event held in this cotmtry; NFL Properties LLC ("NFLP" or, together with the League, the "NFL") owns, produces and controls the ''l\TFL Experience," and along with other NFL Affiliates owns, j)roduccs and controls certain other events associated \\�lb the Super Bowl ("Official Events");
WHEREAS, the City of Santa Clara has within its jurisdiction facilities and their premises, access roads, thoroughfares and other areas which may be used for the purposes of organizing, promoting, accommodating, staging and conducting Super Bowl LI and its related Official Events and activities;
WIIBREAS, hosting the Super Bowl and Official Events will generate goodwill, enhance the worldwide renown ru1d prestige of the City of Santa Clara, create temporary jobs and create substru1tial beneficial economic and fiscal activity;
WHEREAS, the NFL has requested a declaration of support from the City of Santa Clara and certain assurances concerning the perfom1ance of reasonably necessary govcnuncntal sen•ices in co1mection with the Super Bowl ru1d related Official Events held in the City of Sru1ta Clara as part of the fonnal bid of SF SB Committee to have the City of Santa Clara designated as a site for Super Bowl LI; ru1d,
WJIEREAS, the Stadium Project, including consideration of a Super Bowl being held at the Stadium bas previously undergone environmental review pursurutt to the California City Support Resolution Super Dow! LI
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.. . · : - ·
Envirornnental Quality Act ("CEQA") and was coDsidered as pai1 of the project Enviro1uneDtal Impact Report certified for the proposed 49ers Santa Clara Stadium Project at 4900 Centennial Boulevard (the "Stadium EfR").
NOW THEREFORE, BE IT FURTIIER RESOLVED DY THE CITY OF SANTA CLARA AS FOLLOWS:
I. The City Cotmcil hereby fu1ds, for the following reasons, and based on the provision of CEQA (with particular reference to 14 Catifomia Code of Regulations, Section IS 162), that the Stadium EIR has served as the cnviromnentaf documentation pursuant to CEQA for approval of this Resolution and the Super Bowl. TI1e City Cotmcil further specifically fmds that there have not been any of the following occun-cnces since the approval of the Stadium EIR that would require a subsequent or supplemcDlal eDvironmental docmncut in connection with approval of this Resolution and a Super Bowl being held at the Stadimn:
a. there have uot been substantial changes in the project analyzed in the Stadium EIR which would require major revisions in the Stadium EIR and the Mitigation Monitoring Program;
b. there have not been substantial changes "�th respect to the circumstances under which the project analyzed in the Stadium EIR will be lmdertakcn which would require ma jor revisions in the Stadium EIR and the Mitigation Monitoring Program; and, c. there has not been tl1e appearance of new infomrnlion which was not known and could not have been known as of tl1c date of approval of the Stadiwn EIR and the Mitigation Monitoring Progran1 which is relevant to the approval of the Stadimn EIR and the Mitigatioµ Monitoring Program as it relates to the approval of the documents and agreements set fortl1 in this Resolution.
City Support Resolution Super Bowl LI Page2 of5
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2. Thal the City of Santa Clara welcomes Super Bowl L1 and related Official Events to its jurisdiction and to that end declares its full support of the efforts of SF SD Committee, Inc to have the City of Santa Clara selected as the site for Super Bowl LI.·
3. That, upon designation of the City of Santa Clara as a site for _Super Dowl LI, and at all times thereafter, the City of Santa Clara, and its agencies, departments and personnel, agree to provide all govenuncntal services (including without limitation public safety, security, fire and medical emergency, traf ic, decorative display and public works/street maintenance services and supplies) reasonably necessary to the success of Super Bowl L1 and related Official Events within its jurisdiction (whether, recognizing the tmiqucness and extraordinary scope of the Super Dowl, such services arc below, equal to or beyond the nonnal level and range of governmental services usually provided for events held within the jurisdiction), including all planning, training or deployment activities related to the provision of such services, all at no cost, expense or liability to the NFL or the two participating Teams (the "Teams").
4. That the City of Santa Clara agrees that neither the NFL, the Teams, nor any director, shareholder, officer, agent, employee or other representative of the NFL or the Teams shall be held accountable for or in�ur any financial responsibility or liability of any kind or nature whatsoever in connection with the govemmcntal services J)lanned ancVor provided relating to Supci Bowl LI and related Official Events.
5. That the City of Santa Clara agrees that it shall not authorize any sponsorships of the City of Santa Clara during the two weeks prior, through the week following, of Super Bowl LI and related Official Events; provided, however, nothing herein shall prevent the City from authorizing sponsorships of specific City events tmrclated to the Super Bowl.
6. Nothing herein shall prevent the City from seeking reimbursement for the governmental Ciiy Support Resolution Super Bowl LI
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services provided related to the Super Bowl and other Official Events from the SF SB Committee, the Santa Clara Stadium Authority or any other entity other than the NFL and the Teams.
7. The City Manager is !1ereby authorized and directed to file a Notice of Detem1inatio11 with respect to the approvals set forth in this Resolution in accordance with the applicable provisions ofCEQA.
8. Constitutionality. severability. Tf any section, subsection, sentence, clause, phrase, or word of this resolution is for any reason held by a court of competent jurisdiction to be unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of the resolution. The City of Santa Clara, California, hereby declares that it would have passed this resolution and each section, subsection, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more section(s), subsection(s), sentencc(s), clause(s), phrase(s), or word(s) be declared invalid.
City Support Resolution Super Bowl LI
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RESOLUTION NO. 13-8011
A RESOLUTION OF THE CITY OF SANTA CLARA,
CALIFORNIA, REGARDING THE I'ROVISION OF FIRE
AND MEDICAL EMERGENCY SERVICES FOR SUPER
BOWL L
BE IT RESOLVED BY THE CITY 01? SANT A CLARA AS FOLLOWS:
WHEREAS, the National Football League (the "League") o,,11s, produces and controls the aiurnal professional football championship game known as the "Super Bowl," the largest national annual sporting event held in this country; and NFL Properties LLC (''NFLP" or, together with the League, the ''NFL") owns, produces and controls the ''NFL Experience," and along with other NfL Affiliates owns, produces and controls certain other events associated with the Super Bowl ("Official.Events");
WHEREAS, SF SB Committee is submitting a bid to host Super Bowl L with the expectation that Super Bowl L wilJ be played in the Santa Clara Stadium and other Super 13owl events \\�II occur in the City of Santa Clara and the City of San Francisco; WHEREAS, the City of Santa Clara is supportive of SF SB Committee's bid to host Super _Bowl L and has within its jurisdiction facilities and their premises, access roads, thoroughfares and other areas which may be used for the purposes of organizing, promoting, accommo�ating, staging and conducting Super Bowl L and its related Official Events and activities, including the Santa Clara Stadium;
WHEREAS, the Santa Clara Fire Depanment is officially charged with the responsibility to provide fire and medical emergency services within the City of Santa Clara; and, WHEREAS, the Stadium Project, including consideration of a Super Bowl being held at the Staditun has previously undergone cnvirorunental review pursuant to the California Enviro1m1cntal Quality Act ("CEQA") and was considered as part of the project Environmental Fire and Medical Emergency Agency Assurance Super Bowl L 2016 1524\02\1306440.3
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Impact Report certified for the proposed 49ers Santa Clara Stadiwn Project at 4900 Centeru1ial Boulevard (the "Stadium EIR")
NOW THEREFORE, THAT AS REQUESTED BY THE NF L, AND AS PART OF THE
FORMAL DID OF SF SB COMMJTTEE TO HOST SUPER BOWL L WIIICH
INCLUDES THE USE OF THE SANT A CLARA STADIUM AS THE VENUE FOR SUPER BOWL L AND RELATED OFFICIAL EVENTS, DE lT l•URTHER RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
1 The City CouDcil hereby finds, for the following reasons, and based on the provision of CEQA (with particular reference to 14 California Code of Regulations, Section 1516 2), that the Stadium EIR has served as the enviromnental docw11entalion pursuant to CEQA for approval of this Resolution and the Super Bowl. TI1e City Council further specifically finds that �!Jere have not been any of the following occun enccs since the approval of the Stadiwn Effi that would require a subsequent or supplemental enviroruncnlal document in connection with approval of this Resolution and a Super Bowl being held at the Stadium:
a. there tiave not been substantial changes in the project analyzed in the Stadium ETR which would require major revisions in the Stadium EIR and the Mitigation Monitoring Program;
b. there have not been substantial changes with respect to the circumstances uDder which the project analyzed in the Stadium EIR will be u_ndertaken which would require major revisions in the Stadium Effi. and the Mitigation Monitoring Program; and, c. there has not been the appearance of-new information which was not known and could not have been known as of the date of approval of the Stadium ETR and the Mitigation Monitoring Program which is relevant to the approval of the Stadium ETR and Fire and Medic.al Emergency Agency Asswance Super Bowl L 2016 Page2 of4 1524102\1306440.3
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, c·. . . .
the Mitigation Monitoring Program as it relates to the approval of the documents and agrccmcnls set forth in this Resolution
2. Upon designation of the City of Santa Clara as the site for Super Bowl L and related Oft'icial Events, and at all times thereafter, the Santa Clara Fire Department shall provide all fre and medical emergency services (including without limitation proper fire safety enforcement, emergency dispatch and paramedic services and supplies for the protection of people and property) reasonably necessary to the success of Super nowt L and related Official Events within its jurisdiction (whether, recognizing the uniqueness and extraordinary scope of the Super Bowl, such services arc below, equal to or beyond the nonnal level and range of public safety services usually provided for events held within the jurisdiction), including all planning, training or deployment activities related to the provision of such services, all at no cost, expense or liability to the NFL or the two participating Teams (the "Teams").
3. Upon designation as the site for Super Bowl L, and at all times thereafter, the Fire Marshal shall ack11owledge the unique and temporary status of construction related lo the Super Bowl and its Official Events and shall issue appropriate waivers for temporal)' stmc!ures to be constructed at the Stadiwn for the Super Bowl, provided such stmcturcs meet fire safety standards.
4. 'Jl1e City of Santa Clara agrees that neither the NFL, nor the Teams, nor any director, shareholder, officer, agent, employee or other representative of the NFL or the Teams shall be held accountable for or incur any financial responsibility or liability of any kind or nature whatsoever in connection with the fire and medical emergency services planned and/or provided relating to Super Bowl L and related Official Events.
5. Nothing herein shall prevent the City from seeking reimbursement for fire and medical emergency services costs from the Super Bowl host committee or any other entity other than the Fire and Medical Emergcnc?' Agency Assurance Super Bowl L 2016 1524\02\1306440.3
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RESOLUTION NO. 13-8012
A RESOLUTION 01• TIIE CITY OF SANT A CLARA,
CALIFORNIA, REGARDJNG THE PROVISION OF FIRE
AND MEDICAL EMERGENCY SERVICES FOR SUPER
BOWLLI
BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
WHEREAS, tbe National Football League {the "League") owns, produces and controls the a1111ual professional football championslup game known as the "Super Bowl," the largest national annual sporting event heh! in this country; and NFL Properties LLC ("NFLP" or, together with - the League, the '.'NFL") owns, produces and controls the "NFL Experience," and along with other NFL Affiliates owns, produces and controls certain other events associated with the Super Bowl ("Official Events");
WHEREAS, SF sn Committee is submitting a bid to host Super Bowl LI with the expectation that Super Bowl LI will be played in the Santa Clara Stadium and other Super Bowl events will occur in the City of Santa Clara and the City of San Francisco; WHEREAS, the City of Santa Clara is supportive of SF SD Conuu ittce's bid to host Super Bowl L[ and has within its jurisdiction facilitie� and their premises, access roads, thoroughfares and other areas which may be used for the purposes of organizing, promoting, accommodating, staging and conducting Super Bowl LI and its related Official Events and activities, including the Santa Clara Stadium;
WIIEREAS, the Santa Clara Fire Department is officially charged with the responsibility to provide fre and medical emergency services with.in the City of Santa Clara; and, \VHEREAS, the Stadium Project, including consideration of a Super Bowl being held at the Stadium has preyiously undergone environmental review pursuant to the California Environmental Quality Act ("CEQA") and was considered as part of the project Enviroruuental Fire and Medical Emergency Agcacy Assurance Super Bowl LI 2oi"7 I 524\02\1306440.3
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Impact Report certified for the proposed 49ers Santa Clara Stadium Project at 4900 Ccntcmtial Boulevard (the "Stadium EIR").
NOW TIIEREFORE, 'fHAT AS REQUESTED BY THE NFL, AND AS PART 01• THE l•ORMAL BID OF SF SD COMMITTEE TO HOST SUPER BOWL LI wmcn INCLUDES TUE USE OF TIIE SANTA CLARA STADIUM AS THE VENUE l•OR
SUPER BOWL LI AND RELATED OFFICIAL EVENTS, BE IT FURTHER RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
I. TI1e City Council hereby fi.nds, for the following reasons, and based on the provision of CEQA (with particular reference to 14 California Code of Regulations, Section 1516 2), tJ1at the Stadium EIR has served as tl1e environmental documentation pursuant to CEQA for approval of tl1is Resolution and the Super Bowl. ·n1e City Council further specifically f .nds that there have not been any of the following occurrences since the approval of the Stadium EIR that would require a subsequent or supplemental enviromnental document in connection with approval of this Resolution and a Super Bowl being held at the Stadiwn:
a tl1erc have not been substantial changes in the project analyzed in the Stadium EIR which would require major revisions in the Stadiwn EIR and the Mitigation Monitoring Program;
b. tl1erc have not been substantial changes with respect to the circumstances under which the project analyzed in the Stadium EIR will be 1mdertaken which would require major revisions in the Stadium EIR and Ilic tviiligation Monitoring Program; and, c. there has not been the appearance of new information which was not known and could not have been known as of tbc date of approval of the Stadium EIR and the Mitigation Monitoring Program which is relevant to the approval of the Stadium EIR and Fire and Medical Emergency Agency Assurance Super Bowl LI 2017 Page 2 of4 I 524\02\1306440.3
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. . . · . . . � ;:·.
the Mitigation Monitoring Program as it relates to the approval of the documents and agreements set forth in this Resolution
2. Upon desiguation of the City of Santa Clara as the site for Super Bowl LI and related Official Events, and at all times thereafter, the Santa Clara Fire Department shall provide all fire and medical emergency services (including without limitation proper fire safety enforcement, emergency dispatch and paramedic services and supplies for the protection of people and property) reasonably necessary to the success of Super Dow! LI and related Official Events within its jurisdiction (whether, recognizing the uniqueness and extraordinary scope of the Super Bowl, such services are below, equal to or beyond the uonual level and range of public safety services usually provided for events held within the jurisdiction), including all planning, training or deployment activities related to the provision of such services, all at no cost, expense or liability to the NFL or the two participating Teams (the "Teams") 3 Upon designation as tl1e site for Super Bowl LI, and at all times thereafter, the Fire Marshal shall acknowledge the unique and temporary status of constrnction related to the Super Dow! and its Official Events and shall issue appropriate waivers for temporary structures to be constructed at the Stadium for the Super Bowl, provided such stroctures meet fre safety standards.
4. -The City of Santa Clara agrees that neither the NFL, nor tl1e Teams, nor any director, shareholder, officer, agent, employee or other representative of the NFL or the Teams shall be held accow1table for or incur any financial responsibility or liability of any kind or nature whatsoever in connection wifu the fire and medical emergency services planned and/or provided relating to Super Bowl LI and related Official Events
5. Nothing herein shall prevent the City from seeking reimbursement for fire and medical emergency services costs from the Super Bowl host conunittec or any other entity other than the Fire and Medical Emergency Agency Assurance Super Bowl LI 2017 I 524\02\1306440.3
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RESOLUTION NO. 13 8013
A RESOLUTION OF THE CITY OF SANTA CLARA,
CALIFORNIA, REGARDING THE PROVISION OF
PUBLIC SAFETY SERVICES FOR SUPER BOWL L
BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
WHEREAS, the National Football League (the "League") owns, produces and controls the armual professional football championship game known as the "Super Bowl," the largest national anuual sporting event held in this country; and NFL Properties LLC ("NFLP" or, together with the League, the "l\1FL") owns, produces and controls the "NFL Experience," and along with other NFL Affiliates, owns, produces and controls certain other events associated with the St1per Bowl ("Ollieial Events");
WHEREAS, SF SB Conunittee is submitting a bid to host Super Bowl L \\�th the expectation that Super Bowl L will be played in the Santa Clara Stadium and other Super Bowl events will occur in the City of Santa Clara and the City of San Francisco; WHEllliAS, the City of Santa Clara is supportive of SF SB Conunittee's bid to host Super Bowl L and has within its jurisdiction facilities and their premises, access roads, thoroughfares and other areas which may be used for the purposes of organizing, promoting, accommodating, staging and conducting Super Bowl L and its related Official Events and activities, including the Santa Clara Stadium;
WHEREAS, the Santa Clara Police Department is officially charged with the responsibility to provide public safety services within the City of Santa Clara; and, WHEREAS, the Stadium Project, including consideration of a Super Bowl being held at the Stadium has previously undergone enviromuental review pursuant to the California Environmental Quality Act ("CEQA") and was considered as part of the project Environmental Impact Report certifed for the proposed 49ers Santa Clara Stadium Project at 4900 Centennial Public Safety Super Bowl L 2016
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Boulevard (tl1e "Stadium EIR").
NOW TilEREFORE, THAT AS REQUESTED BY TIIE NFL, AND AS PART OF THE FORMAL BID OF SF Sll COMMITTEE TO HOST SUPER BOWL L WHICH INCLUDES THE USE OF TrlE SANTA CLARA STADIUM AS THE VENUE FOR
SUPER BOWL L AND RELATED OFFICIAL EVENTS, BE IT FURTHER RESOLVED BY TilE CITY OF SANTA CLARA AS FOLLOWS:
I. TI1e City C0tmeil hereby finds, for the following reasons, and based on the provision of CEQA (with particular reference to 14 California Code of Regulations, Section 1516 2), that the Stadium EIR has served as the enviromnental documentation pursuant to CEQA for approval of this Resolution and the Super Bowl. TI1e City Cow1cil further specifically finds that there have not been any of the following occurrences since the approval of the Stadium EIR. that would require a subsequent or suppleme1�tal enviromnental document in connection with approval of this Resolution and a Super Dow! being held at the Stadium:
a. there have not been substantial changes in the project analyzed in the Stadium EIR which would require major revisions in the Stadium EIR and the Mitigation Monitoring Program;
b. there have not been substantial changes with respect to the circumstances under which the project analyzed in the Stadium EIR will be undertaken which would require major revisions in the Stadium EIR and the Mitigation Monitoring Program; and, c. there has not been the appearance of new infonuation which was not known and could not have been known as of the date of approval of the Stadiw11 EIR and the Mitigation Monitoring Program which is relevant to the approval of the Stadium EIR and Public Safety Super Bowl L 2016 Page 2 of 4
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the Mitigation Monitoring Program as it relates to tJ1e approval of the documents and agreements set forth in tJiis Resolution.
2. Upon designation of the Santa Clara Stadium as the site for Super Bowl L and related Offcial Events, and at all times lhercafier, the Santa Clara Police Department shall provide all law enforcement and public safety services (including without limitation proper vel1icular and pedestrian traffic control, security, police escorts fcom time to time as requested by the NFL a;1d the two participating Teams (the "Teams"), other police services and supplies for the protection · of people and property) reasonably necessary lo the success of Super Bowl L and related Official Events within its jurisdiction (whether, recogriizing the uniqueness and extraordinary scope· of the Super Bowl, such services are below, equal to or beyond the normal level and range of public safely services usually provided for events held within tJ1e jurisdicti�n), including all planning, training or deployment activities related to the provision of such scn•ices, all at no cost, expense or liability to the NFL or the Teams.
3. The Santa Clara Police Department agrees that neither the NFL, nor the Teams, nor any director, shareholder, officer, agent, employee or other representative of the NFL or the Teams shall be held accountable for or incur any financial responsibility or liability of any kind or nature whatsoever in connection with the law enforcement and public safety services plrumcd and/or provided relating to Super Bowl La nd related Official Events
4. The City Manager is hereby authorized and directed to file a Notice of Detcnnination with respect to the approvals set forth in this Resolution in accordance with the applicable provisions of CEQA.
5. Nothing h�rein shall prevent the City from seeking reimbursement for law enforcement and public safety costs from the Super Bowl host committee or any other entity other than the NFL Public Safety Super Bowl L 2016
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and the Teams
6 Constitutionality. sevcrability. ff any section, subsection, sentence, clause, phrase, or word of this resolution is for any reason held by a court of competent jurisdiction to be u11constitutional or invalid for any reaso11, such decision shall not affect the validity of the remaining portions of the resolution. The City of Santa Clara, California, hereby declares that it would _have passed this resolution and each section, subsection, �entencc, clause, phrase, and word thereof, irrespective of the fact that any one or more scctiou(s), subsection(s), sc11tcnce(s), clause(s), phrase(s), or word(s) be declared invalid.
7 Effective date. This resolution shall become effective immediately.
I HEREBY CERTIFY THE FOREGOJNG TO BE A TRUE COPY OF A RESOLUTION
PASSED AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A SPECIAL MEETING THEREOF HELD ON THE 19 m DAY OF MARCH, 2013, DY Tiffi FOLLO\VJNG VOTE:
AYES: COUNCILORS:
NOES: COUNCILORS:
AD SENT: COUNCILORS:
ABSTAINED: COUNCILORS:
Attachments incorporated l>y reference: None
Public Safety Super Bowl L 2016
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Davis, Gillmor, Kolstad, Malian, Marsalli and
O'Neill and Mayor Matthews
None
None
None
ATTEST:
w'"""'6N-,-JR----
cnvcLERK
CITY OF SANTA CLARA
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RESOLUTION NO. 13-8014
A RESOLUTION OF THE CITY OF SANTA CLARA,
CALIFORNIA, REGARDING THE PROVISION OF
PUDLIC SAFETY SERVICES FOR SUPER BOWL LI
BE IT RESOLVED DY TIIE CITY OF SANTA CLARA AS FOLLOWS:
WHEREAS, the National Football League (the "League") ow11s, produces and controls the annual professional football championship game known as the "Super Bowl," the largest national ruumal sporting event held in this eow1try; and NFL Properties LLC ("NFLP" or, together with the League, the "1'ffL") owns, produces and controls the "NFL Experience," and along with other NFL Affiliates, owns, produces and controls certain other events associated with the Super Bowl ("Official Events");
WHEREAS, SF SD Conunittee is submitting a bid to host Super Bowl LI with the expectation that Super Bowl LI will be played in the Santa Clara Stadium and other Super Bowl events will occur in the City of Santa Clara and the City of San Francisco; WHEREAS, the City of Santa Clara is supportive of SF SB Committee'� bid to host Super Bowl LI and has within its jurisdiction facilities and their premises, access roads, thoroughfares and other areas which may be used for the purposes of organizing, promoting, acconunodating, staging and conducting Super Bowl LI and its related Official Events and activities, including the Santa Clara Stadium;
WHEREAS, the Santa Clara Police Department is officially charged with the responsibility to provide public safety services within the City of Santa Clara; and, WUEREAS, �he Stadium Project, including consideration of a Super Bowl being lield at the Stadiwu has previously undergone environmental review pursuant to the California Environmental Quality Act ("CEQA") and was considered as part of the project Environmental Impact Report certified for the proposed 49ers Santa Clara Stadium Project at 4900 Centennial Public Safety Super Dowl LI 2017
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Boulevard (the "Stadium EIR").
NOW THEREFORE, THAT AS REQUESTED DY THE !'.'FL, AND AS PART OF THE FORMAL BID OF SF SB COMMlTrEE TO HOST SUPER BOWL LI WIIICH
INCLUDES TIJE USE OF THE SANTA CLARA STADIUM AS THE VENUE FOR
SUPER BOWL LI AND RELATED OFFICIAL EVENTS, BE IT FURTHER RESOLVED RY TIIE CITY OF SANTA CLARA AS FOLLOWS:
I. The City Council hereby fmds, for the following reasons, and based on the provision of CEQA (with particular reference to. 14 California Code of Regulations, Section 1516 2), that the Stadium EIR has served as the envirom11ental documentation pursuant to CEQA for approval of this Resolution and the Super Bowl The City Co1meil further specifically finds that there have not been any of the following occurrences since the approval of the Stadium EIR that woul� require a subsequent or supplemental envirornneutal document in connection with approval of this Resolution and a Super Bowl being held at the Stadium:
a. there have not been substantial changes in the project analy-1:ed in the Stadium EIR which would require major revisions in the Stadium EIR and the Mitigation Monitoring Program;
b there have not been substantial changes with respect to the circumstances under which the project analyzed in the Stadium EIR will be undertaken which would require major revisions in the Stadium EIR and the Mitigation Monitoring Program; and, c. there has not been the appearance of new infonnation which was not known and could not have been known as of the date of approval of the Stadium EIR and the Mitigation Monitoring Program which is rel�vant to the approval of the Stadium ElR and Public Safety Super Bowl LI 2017 Page 2 of4
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the Mitigation Monitoring Program as it relates lo the approval of the documents and agreements set forth in this Resolution.
2 Upon designation of the Santa Clara Stadium as the site for Super Bowl LI and related Official Events, and at all times thereafter, the Santa Clara Police Department shall provide all law enforcement and public safety services (including without limitation proper vehicular and pedestrian traffic control, security, police escorts from time to time as requested by the NFL and the two participaliJ1g Teams (the "Teams"), other police services and supplies for lhe protection of people and property) reasonably necessary to the success of Super Bowl LI and related Official Events within ils jurisdiction (whether, recognizing the uniqueness and extraordinary scope of lhc Super Bowl, such services are below, equal to or beyond the nonnal level and range of public safety services usually provided for events held witl1iu the jurisdiction), including all planning, training or deployment activities related to the provision of such services, all at no cost, expense or liability to the NFL or the Teams.
3. The Santa Clara Police Department agrees that neither the NFL, nor the Teams, nor any director, shareholder, ofticer, agent, employee or other representative of the l\TFL or the Teams shall be held accountable for or incur any financial responsibility or liability of any kind or nature whatsoever in connection with the law enforcement and public safety services planned and/or provided relating to Super Bowl LT and related Official Events.
4. The City Manager is hereby authorized and directed lo fil� a Notice of Delcm1ination with respect to the approvals set forth in this Resolution in accord�ce with the applicable provisions ofCEQA.
5 Nothing herein shall prevent the City from seeking reimbursement for Jaw enforcement and public safety costs from the Super Bowl host conunittee or any other entity other than· the NFL Public Safety Super Bowl LI 2017
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EX H IB ITC
The Nat ional Football Leag u e and its affil iates are def ined as follows :
1. National Footba ll League - A not-for-pro fit trade assoc iation under Sect ion 50l (c)(6) of the Internal Reven ue Code.
2. National Football League Management Co unc il A not-fo1:-profit trade assoc iat ion under Sect ion 50l (c)(6) of the Inte rnal Reven ue Code.
3. NFL Ventures, L.P. A Delaware partnersh ip taxable under Subchap ler K of the Internal Revenue Code.
4. NFL Ventures, Inc. -A Delaware corporat ion taxable under Subchaptcr C of the Inte rnal Revenue Code.
5. NFL Prod uctions, LLC - A Delaware single-member li mited liabil ity company wholly owned by Ventures, L.P.
6. NFL Enterpr ises , LLC A Delaware single member limi ted liab ili ty company wholly owned by Ventures, L.P.
7. NFL Properties, LLC -A Delaware single-member lim ited liab ility company wholly owned by Ventures, L. P.
8. NFL Inte rnat ional LLC A Delaware single-member lim ited liab ility company wholly owned by Ventures, L.P.
9. NFL Product ions, Inc. - A Delaware corporat ion taxab le under Subchapter C of the Internal Reven ue Code.
10. NFL Networ k Serv ices, Inc. - A Delaware corporat ion taxable under Subchapter C of the Internal Revenue Code.
l J. NFL Comb ine Prope t1ies, Inc. - A Delaware corporat ion taxable under Subchapter C of the Internal Revenue Code.
12. NFL Foundat ion National Football Leag ue A District of Col umbia not-for-p rofit organizat ion under Sect ion 50 J(c) (3) of the Internal Revenue Code.
13. NFL Youth Football Fund - Nationa l football League - A Distr ict of Co lumbia not for prof it organ ization under Sect ion 50 l(c) (3) of the Internal Reven ue Code.
14. The NFL Member Cl ubs.
15. Any ent ity the NFL des ignates as an Affiliate to the Host Comm ittee at least 30 days pr ior to the Super Bowl.
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