The URL can be used to link to this page

Home My WebLink AboutR-83-06251 1) J-83-664 RESOLUTION NO. A RESOLUTION INSTRUCTING THE CITY ATTORNEY TO ENTER INTO A STIPULATION OF SETTLEMENT AND ORDER OF DISMISSAL IN THE CIRCUIT COURT CASE OF THE CITY OF MIAMI, PLAINTIFF/COUNTER- LEFENDANT, VS. JOSEPH ROBBIE, THE SOUTH FLORIDA SPORTS CORPORATION, AND THE MIAMI DOLPIINS, LTO. , DEFENDAN'rS/COCINTER-PLAIN- TIFHS, IN THE COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR DADE COUNTY, FLORIDA, CASE; NO. 83-4583 (04) BASED UPON THE TERMS AND CONDITIONS PRESENTED TO THE CITY COMMMISSION ON JULY 18, 1983; INSTRUCTING THE CITY MANAGER ON BEHALF OF THE CITY OF MIAMI TO ENTER INTO A SUPPLEMENTAL AGREEMENT EFFECTIVE JULY 18, 1983, TO THE AGREEMENT DATED JUNE 8, 1977 BETWEEN THE CITY OF MIAMI AND TUE MIAMI DOLPHINS, LTD., BASED UPON THE TERMS AND CONDITIONS PRESENTED TO THE CITY COMMISSION ON JULY 18, 1983; AND AUTHONIZINIS AND INSTRUCTING TFE CITY MANAGER AND CITY ATTORNEY TO EXECUTE ALL OTHER DOCUMENTS NECESSARY TO ACCOMPLISH SAIL) SETTLEMENT. WHEREAS, Joseph Robbie, the South Florida Sports Corporation and the Miami Dolphins, Ltd., Defendants/Counter-Plaintiffs, in the Circuit Court case styled the City of: Miami, Plaintiff/Coun- ter-Defendant vs. Joseph Robbie, The South Florida Snorts Corporation, and The Miami Dolphins, Ltd., Defendants/Counter- Claimants, which was brought in the Court of the Eleventh Judicial Circuit in and for Dade County, Florida, General Jurisdiction Division, Case No. 83-4583 (04), proposed, through their representative, to the City of Miami certain conditions and terms for the full and complete settlement of all claims and counter -claims in such suit, as well as any other claims Joseph Robbie, The South Florida Sports Corporation, and/or The Miami Dolphins, Ltd. may have against the City of Miami or any City of Miami employee, agent or representative as of the date of this Resolution; and WHEREAS, the Commission of the City of Miami deems the herein settlement to be in the best interest of the citizens of the City of Miami; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: C;I`I"i COMMISSION ".1:ETINC OF JUL 18 1983 RF.ISOWI!0N t z-f It i Section 1. The City Attorney is hereby instructed to endorse and enter into, on behalf of the City of Miami, a Stipulation of Settlement and Order of Dismissal in the Circuit Court Case of the City of Miami, Plaintiff/Counter-Defendant, vs. Joseph Robbie, The South Florida Sports Corporation anti the miami Dolphins, Ltd., Defendants/Counter-Plaintiffs, 'brought in the Court of the Eleventh Judicial Circuit in and for Dade County, Florida, General Jurisdiction, Case No. 83-4583 (04), setting forth all provisions of the settlement presented this 16th day of July, 1983 to the Commission for the City of Miami, which were as follows: (a) That Joseph Robbie, The South Florida Sports Cor- poration, and The Miami Dolphins, Ltd. guarantee that the Miami Dolphins football team will play a tenth home game which will not be a playoff game of any sort, in the Orange Bowl Stadium, during both the 1985 and the 1986 regular football seasons, or, in the alternative, that if the guaranteed tenth home game is not played for any reason, that Joseph Robbie, The South Florida Sports Corporation and The Miami Dolphins, Ltd. agree to pay to the City of Miami Thirty Thousand ($30,000.00) Dollars for each so guaranteed tenth gasre, without setoff or deduction For any expenses, costs or obligations not incurred by the City of Miami because of the cancellation of such guaranteed tenth game; (b) That the June 2, 1963 endorsement to the public liability insurance policy provided by Joseph Robbie, The South Florida Sports Corporation, and The Miami Dolphins, Ltd. will be permanent throughout the term of the Agreement dated June 8, 1977 between the City of Miami and the Miami Dolphins, Ltd. and that the policy limits for said insurance coverage will be raised to Five Hundred Thousand ($500,000.00) Dollars per individual claim and Two Million ($2,000,000.00) Dollars per occurrence effective June 2, 1983; (c) That Joseph Robbie, The South Florida Sports Corpora- tion, and The 14ianii Dolphins, Ltd. will enter into a Supple- mental Agreement to the Agreement dated June 8, 1977 between the City of Miami and the Miami Dolphins, Ltd. with the City of 2 Miami, wherein the provisions of Paragraphs Nos. 20 and 21 limiting the Miami Dolphins, Ltd.'-, liability for any structural deficiencies, negligent maintenance, or negligent actions of City of Miami employees are deleted and it is clearly stated that the Miami Dolphins, Ltd. will provide and continue to provide throughout the life of the Agreement dated June F3, 1977, complete public liability insurance for the City of Miami covering all claims against the City of Miami arising out of the use of the Miami orange Fowl Stadium at the limits of Five Hundred 'Thousand ($500,000.00) Dollars per individual claim and Two Million ($2,000,000.00) Dollars per occurrence; (d) That any and all claims which Joseph Robbie, The South Florida Snorts Corporation and/or The Miarrti Dolphins, Ltd. may have had against the City of Miami, its officers, agents, em- ployees, or representatives as of July 18, 1983, are considered settled and resolved and that said parties shall provide the City of Miami with a complete release therefor; and (e) That the City of Miami waives it claira under Paragraph No. 7 of the Orange Bowl Concession Lease and Agreement dated August 4, 1967, to a surety bond for performance by the Miami Dolphins, Ltd. under that Agreement. Section 2. The City Manager is hereby instructed to enter into a Supplemental Agreement on behalf of the City of Miami, effective July 18, 1983, to the Agreement of June b, 1977 between the City of Miami apd the Miami Dolphins, Ltd., agreeing to the following terms: (a) That such Supplemental Agreement is entered into for the benefit of the City of Miami and the citizens thereof and as part of a full and complete settlement of any and all claims between the City of Miami, Joseph Robbie, The South Florida Sports Corporation and The Miami Dolphins, Ltd. as set forth in the Circuit Court case of the City of Miami, Plaintiff/Coun- ter-Defendant, vs. Joseph Robbie, The South Florida Sports Corporation, The Miami Dolphins, Ltd., Defendants/Counter-Plain- 3 83-625t tiffs, brought in the Court of the Eleventh Judicial Circuit in and for Dade County, Florida, General Jurisdiction Division, Case No. 83-4583 (04), as well as any and all claims which Joseph Robbie, The South Florida Sports and/or The Miami Dolphins, Ltd. may have had against the City of Miami, its officers, agents, em- ployees or representatives as of July 18, 1983; (b) That the Miami Dolphins, Ltd. guarantee to play a tenth home garde, under the terns of the Agr.eernent dated June 8, 1977 between the City of Miami and the Miami Dolphins, Ltd., which game will not be a playoff game of any sort, during each pre- season or regular football season in both 1985 and 1986, thereby guaranteeing $450,O00.00 per regular season seat tax for the 1965 and 1986 seasons or, in the alternative, if any guaranteed tenth game is, for any reason, not played, Joseph Robbie, The South Florida Sports Corporation and The Miami Dolphins, Ltd. agree to pay to the City of Miami a straight fee or penalty of Thirty Thousand ($30,000.00) Dollars with no setoffs, credits or deductions for any expenses, costs or obligations not incurred by the City of Miami for the failure of the Miami Dolphins to play such guaranteed tenth game, it being understood and agreed that the Miami Dolphins must play nine (9) games at the Orange Bowl during the pre -season and regular season before credit will be given for the guaranteed tenth game during the 1985 and 1986 seasons. (c) That the language of Paragraph No. 20 of the Agreement dated June 8, 1977 stating "Provided however, PARTNERSHIP shall not be responsible for any liability in connection with the willful or negligent acts or omissions of CITY's employees, officials or authorized agents or for any claims arising out of any structural deficiencies of or improper maintenance of the Orange Bowl" is deleted from the June 8, 1977 Agreement and that the said Supplemental Agreement will clearly state regardless of the Miami Dolphins, Ltd.'s liability, that the Miami Dolphins, Ltd. have contracted to provide the City of Miami with complete 4 83-625s . Public liability insurance covering any liability of the City of Miami arising out of the use of the Orange r3owl Stadium for the Miami Dolphins games including but not limited to any willful or negligent acts or omissions of City's employees, officials or authorized agents, or for any claims arising out of any struct- ural deficiencies of or improper_ maintenance of the Orange Fowl and that the MIAMI DCI,PHINS, LTD. will continue to provide such insurance coverage at the increased limits of Five Hundred Thousand ($500,000.00) Dollars Per individual claim and Two Million ($2,000,000.00) Dollars per occurrence effective June 2, 1963 through the life of the Agreement dated June 8, 1977 between the Citv of Miami and the Miami Dolphins, Ltd. Section 2. The City Manager and the City Attorney are hereby authorized and instructed to execute all other documents necessary to accomplish and Facilitate the herein settlement. PASSED AND ADOPTED this 18th day of July, 1983. Maurice A. Ferre MAURICE A. FERRE MAYOR ATTEST: RALPH G. ONGIE ITY CLERK PREPARED AND. APPROVED BY: JULIA J. ROBERTS ASSISTANT CITY ATTORNEY i APPROVED AS TO FORM AND CORRECTNESS: OSE R. GARCIA-PEDROSA CITY ATTORNEY JJR/wpc/ab/295 5