HomeMy WebLinkAboutM-82-0096CITY OF MIAMI. FLORIDA
INTER -OFFICE' i%1EN10RAN10U1Av1
Mayor and Members of TE LE
the City Commission
Settlement with Miami Dolphins
Howard V. Gary EF-,lE- r I Z -=
City Manager
NCLO4l1RFS Resolution 79-624
The Miami Dolphins, represented by Mr. Joe Robbie, and the City of Miami, repre-
sented by City Manager Howard V. Gary, have reached a tentative agreement
regarding outstanding concession monies due the City in the amount of $451,831.43,
in a meeting held at the Miami Dolphins' offices on Friday, January 8, 1982.
Breakdown of debt: Rental on food, novelties, etc., sales
($929,312.96 @31%) $ 288,087.01
Rental on beer sales
($418,189.40 @ 35%) 146,366.29
Rental due the City $ 434,,453.30
4% State Use Tax • 17,378.13
Total due the City $ 451,831.43
The Miami Dolphins have withheld payment on the above mentioned debt until an
agreement could be reached on who would pay the cost overrun ($269,313) above the
$330,000 originally estimated for the installation of a beer distribution system
in the Orange Bowl.
The tentative agreement reached suggests that the cost overrun be split 50/50
between both parties; that is, the amount of $134,656.43 will be borne by the
City of Miami and the same sum by the Miami Dolphins.
1 recommend that a credit of $134,656.43 be given to the Miami Dolphins, attri-
butable to the cost overrun on the installation of the beer distribution system.
Background information
The original agreement between the City and the Miami Dolphins provided that the
Dolphins would install a permanent pumping distribution system for beer at an
"estimated cost of $330,000" (see Item 1 of the Orange Bowl Stadium Lease and
Agreement, Amendment #3). As part of the consideration, therefore, the City was
required to build 12 concession stands and spend $500,000. The contract, of
course, provides that at the conclusion of its concession agreement, the Dolphins
shall convey to the City, "all right, title and interest in said equipment and
fixtures.
The Miami Dolphins actually spent $599,313 on the installation of the necessary
equipment. Mr. Robbie was concerned that the actual cost of the necessary equip-
ment would greatly exceed the "estimated $330,000. The $330,000 was an estimated
figure that had been provided initially as early as January of 1979) when the
then City Manager Joseph Grassie and Mr. Robbie had initially agreed to a contract,
which the City Commission refused to approve, and which resulted in litigation,
successfully prosecuted by the Dolphins against the City. Subsequently, the City
Commission agreed to a settlement of the litigation and agreed to the sale of beer
in the Orange Bowl.
This resulted in the passage and adoption of a Resolution by the City Commission
dated September 13, 1979. Thus, by the time the actual agreement was entered into
by the City of Miami and the Dolphins, more than a year had passed since the
Dolphins had received the initial estimate of $330,000 for the beer equipment.
Concerned about the delay, Mr. Robbie met with Mr. Grassie to discuss the possibi-
lity that the estimated cost for the installation of the beer system sould not be
sufficient because of inflation. Mr. Grassie urged the Dolphins to start the
sale of beer as soon as possible and agreed that the Dolphins should proceed with
the installation of the beer pumping system and that, within limits, he would see
to it that the City covered any potential overruns.
Section 4 of Resolution 79-624 reads as follows:
"The subject matter of the installation costs
of the automatic beer dispensing system, which
may be installed in the Stadium, will remain
open for continuing negotiations, between the
said Dolphins and the City concerning the extent
of the costs, if any, which are to be incurred
by the City, for which the City, at this time,
assumes no responsibility whatsoever".
It should be noted that all of the equipment installed in the Orange Bowl will be
the property of the City of Miami.
In addition, the new beer dispensing system installed by the Dolphins is responsible
for a substantial increase in the City's share of concession revenues, which will
be $258,000 for the 1981 season.
g 2 - 9 6 J
9/13/79'
4
RESOLUTIGN 'NO. `
A RESOLUTION AUTHORIZING THE 741A�X! DOLPHI::S TO BEGIi:
TO SELL BEER Ill THE ORAINTG .. BOIL STADIUi"; Ii`,LDIATr.LY
AT NO COST TO THE CITY, WITH A RETURN TO THE CITY 0:"
TWENTY-FIVE (25 ') PERCENT OF GROSS BEER SALES REVENUE,
LESS TAXES, FOR A PERIOD TO END NO LATER THi;i; JUL 1
1980; FURTHER PROVIDING THAT NO BEER BE DISrEi!SED TO
THE PUBLIC EXCEPT It' SOFT COIN'TAINERS ; 1' UK; R AU T 1. Z:::G
THE CITY MANAGER TO EXECUTE THE ATTACHED AGREEME:iTS WITH
THE MIAMI DOLPHINS, LTD. , PURSUANT TO THE TERi,S AND
C014DITI014S C014TAITIED IN THE REPORT PRESENTED TO THIS
COiqi,ISSION BY THE COi,i,ITTEE HEADED BY COL. MITCHELL
WOLFSON ON NOVEMBER 9, 1978, AND THE FOLLOWING
PROVISIONS: (a) THAT THE ABOVE PERCENTAGE WILL INCREASE
TO THIRTY-FIVE (355) PERCENT Oil JULY 1, 1980, OR AS
SOON AS AUTOXATIC BEER DISPENSINiG IS OPERATIOI'AL, ll;:iCh-
EVER IS EARLIER, (b) THAT THE THREE YEAR ESCAPE PROVISIO::
CONTAINED IN THE PRESENT USE AGREEMENT BE EXTENDED TO
FOUR YEARS, (c) THAT IF THIS ESCAPE PROVISION IS EXERCISED
BY THE MIAMI DOLPHINS, Y;HErILIH .R OR NOT THE CONCESS10:
AGREEi•;ENT WILL ALSO BE CANCE11 LED., W71, L EZ AT Ti E SOLE
OP'1IO,I Or THE CITY, (d) THAT A SEC0::1 SCOREBOARD PE FAFT
0: THE SCOREBOARD AGREEI;EEI:T; FURTHER PROVIDING THAT ALL
LEGAL DISPUTES EXISTING AT THIS TI1-iE BETI,!EE:' Tt= DOLFh,Ii:S
AND THE CITY WILL BE DISI•:ISSE"D; A14D FUR.,HZR PROVIDING
THAT THE COST OF T'r,E INSTALLATION OF THE AUTO".ATIC FEEL
DISPENSING SYSTEM V:ILL REMAIN OPE;: FOR COiIr-,,— NG N=GCTI-
ATIONS AS TO ANY COS.-S TO BE INCURRED BY THE CIT1'.
NOW, THEREFORE, BE IT RESOLVED BY THE COei::iSS:Oi: OF TF=
CITY OF IiI�.::I, FLOFIDA:
Secticn 1. .'he Mia,,,i Dolphins, Ltd. , a Flordia lir.ited
partnership, is hereby authorized to begin selling beer and/or malt
beverages in the Orange.Bowl Stadium immediately, at no cost to
the City, with a return to the City of twenty-five (2501:) percent
of gross beer sales revenues, less taxes, for a period to end no
later than July 1, 1980, upon the condition that, no beer be dispensed
to the public except in soft containers.
Section 2. The City ManaGer is hereby authorized to execute
the attached agreements with the Miami Dolphins, Ltd., pursuant to
the terms and condition: contr,ined in the reporL prvr;rnt.rd to thl.--
Corrrr,ission by the gommiLteo h adc•d by Col. MiLchell Wolfcor, on
November 9, 1978, and in accordance with the following, conditio.s:
• 1 1 �
(a) The twenty-five (25,) percent return authorized
in Section 1 hereof shall increase to thin ' r
thirty-, eve .,5,.) percent on
July 1, 1980, or as soon as automatic beer dispensing in the Stadium.
is operational, whichever is earlier;
(b) The present s-'adium use termination notice con-
tained in the present use agree„rent is hereby extended to four years;
(c) If the aforesaid amended termination of use pro-
vision is exercised by the said Miami Dolphins, the Concession Agree-
ment may also be cancelled at the sole option of the City;
(d) The construction of a second scoreboard shall be
part of the Scoreboard Agreement scheduled to be executed between
the Dolphins and the City.
Section 3. The authorizations cot -stained inthis Resolution
are her ehy expressly conditioned upon, the dismmissal, Y:ith prejudice,
of arY and all legal actions that are presently pending betv-een the
said Dol"ins and the City.
' Section 4. The subject matter of the installation costs of
the automatic beer dispensing systern which may be installed in the
Stadium will remain open for continuing negotiations between the said
Dolphins and the City concerning the extent of the costs, if an;:,
which are to be incurred by the City, :or which the City, at this tire,
assumes no responsibility whatsoever.
Section 5. The City Manager is hereby authorized to execute
the attached Agreements in accordance with the foregoing conditions.
?hSSED AND ADOPTED this 13th day of September , 19179,
Maurice A. Ferre
.A n CE . r n E
M A Y 0 R
AT^r .
RA rh G . O S1E, CITY LER'
PREP^RED A14D APPROVED BY:
ROGER L F. CLA ,i,
ASSISTA14T CITY ATTORNEY
APPROVED AS
82-96
RENTAL AGRE7-;•;7-;:^
M +X'i u,J 1 .',0 . 1
LIXI
THIS AGaEZ1,1E.NTj, made and entered into day
e- i
.1rI-Y/,�— ;
of 19';9-, by and between T;iE CIiY OF *MiIAi•lI, /
a municipal corporation (hereinafter referred to as the "CITY")
and MIAMI DOLPHI►14S, LTD., a Florida limited partnership (hereinafter
referred to as "PARTNEiISKP" )
1•1 I T N Z S S iJ T 11
W11ER%AS, on June 8, 1977 the parties 'hereto entered into an
Agreement for the rental of the iria,mi Orange Bowl Stadium by the
CITY to the PARTNERSHIP for the playing of t-he Miarrri Dolphins'
professional football home games through and including the year
1986; and
WHEREAS, the parties are now desirous of amending said
Agreement;
NOW, THEREFORE, in consideration of the mutual covenants
hereinafter set forth, the parties agree as follows:
1. Paragraph 2(b) of the June 8, 1977 Agreement shall be
amended to read as follows:
"(b) At anytime during the ,term of this Agreement
that appropriate financing. is approved for. the
construction of a major new stadium facility within
PARTNERStHIP'S National Football League franchise
area by any governmental unit or private agency or
firm, PARTNERSHIP shall have an option to cancel
this Agreement upon four year's written notice to
CITY, provided, however, such cancellation shall
not become effective until suclf Stadium is
completed and ready for occupancy by PARTNERSHIP."
IN WITNESS WHEREOF, the parties hereto have caused this
Amendr;tent to -be executed in their names by the persons so
authorized.
CITY OF MIAMI, a municipal
corporat -ca r/—of the State of Florida
1 T Y irAINAGFR
MIAVII DOLPHINS. LTD. , a Florida
Limited Partnership
J r
APPRO - D S TO FORM tND ORRECT INESS : '�/ TITLE
-- - -- 82-96
r
LEASE AND l G--i iil'l ii/ i
Ai-,,,'.ndwient No. 2
~�lr4 day
1t,I� �1Gi�i✓�:.;%1.:,•,.
THIS
_.. _..T _.
, ,�,uGL
and enter c'd Into
,,.pis �
•f
it
' of
19 by
aid betweenCL:
A. �%�I,ti'1I,
- -
,i�;
a municipal corporation of the
State of Fiorlda
(hereinafter
referred to as the "CITY") . and V1 DOLR3il'AN3, LTD., a Florida
limited pap tiler srlip (hereinaf t;or ref erred to as i Aiii*,iZ11$iil►1,
W I T V E S S E T H:
WiiEREAo, on August 4, 1967, certain parties, then known
as the City of Miami and Restaurant and Waldorf Associates, inc.
a MaGsachusetts Corporation, entered into a lease agreement
entitled "Orange Bowl Concession Lease and Agreement"; and
WHEREAS, on May 15, 1908, the name of the Restaurant
and Waldorf Associates, Inc. was changed to the Restaurant
Associates Industries, Inc., and on July 15, 1968, said "Waldorf"
Corporation merged with Restaurant Associates industries, Inc.,
a Delaware corporation; and
WHEREAS, Resolution No. 43270, passed and adopted by
the i✓iiami City Commission. on April 15, 1971, authorized extenGion
of the existing agreement between. the City of Miami and Restaurant
Associates Industries, Inc. for an additlonal five year period,
with an option to renew for a further three year period, and
Amendment No. 1 to the original agreement implemented the extension.
as authorized; and
WHEREAS, Resolution No. 73-623, passed and adopted by
the Miami City Commission or, July 26, 1973, consented to the
assignment of the sa.14. Or ange Howl Concession Lease and Agr eemient,
as Amended, to the Miami Dolphins, Ltd.; and
WHEREAS, on June 8, 1977 the parties hereto entered into
an Agreement for use of the Miami Orange Bowl S ladiu;i by the i'yar,i
Dolphins for playing o: 'Mlami Dolphins professional football homne
games thr ouzh and including the year 1986; and
n
82 - 96
It
0
kiij�,IlL,i1S, O�1 JuilUary 11, 97c 1 rile �,it f CVIIY�iJJ10.1 passed
and adopted Ordinance i,o. 8735 author l
ivin�; the sae of bee: and/or
malt beverages aU �.,e
NM1, THEREFORE) in consideration of t; e premises and
mutual covenants her eir,lft'er cUi.ualnC'd to be oboe: ved an6 perf or mme6 ,
the parties hereto do hereby covenant and agree as follows:
1. TERM
Paragraph 1 on page 1 of the aforesaid ori�;i;al
Agreement dated August 14, i967, as amended by Amendment No. 1,
is hereby further amended to read as follows:
.•1^ ••T
"The CITY hereby leases to the PAitr+1,4E i01rn1P and the
PARTi•iERS'HIP hereby .eases from the CIT L , t1he City of iriiami Orange
Bowl Stadium food, beverage, novelties, and tobacco concession for
a period ending at the conclusion of the regular football season
of 1986."
2. SALE 0: FiEER ANWOR MAIJI BEVE;;AvES
Paragraphs 31 and 32 on page 6 of the aforesaid
original Agreement dated August 4, 19057, are hereby amended to
read as follows:
"31. That no wines, liquors, or alcoholic beverages of
any kind or nature, other than beer and/or malt beverages, shall
be sold, offered, or given away on any portion of the Orange
Bowl property, except as may be otherwise governed by CITY
ordinance. Beer and/or malt beverages stall, however, be both
sold at concession stand locations and ,vended in the grandstands,
but must only be served to the customer in a paper or light
plastic cup. Further, CITY hereby prohibits the sale of beer
and/or malt beverages before, during, or after any high school
event, including but not limited to high school football and
soccer; and also before, during, or after any musical event of
the type which historically requires extraordinary security weasures
based upon prudent police protection (such as events co�::nonly
referred to as Rock Concerts). CITY may also prohibit the sale
- 2 - 82-96
of beer and/or „salt beverages at other Orange Sol events (except
professional football, or coile�,e or univerJ:.ty f ootbai1 ) When C: i
deems it prudent to do so. 1111s r 17--t of pl oil a Ul l.loil JllClll not U .
unreasonably applied, and CITY shall notif y 1.1 wrltin1;
at least one wee.c in advance of 1111e opening, da"Ve of any even at
which this right of proIn.bitior, is to be exercised by CITY.
Provided, however,
(i) Intoxicating beverages may be
served or dispensed at receptions or
social gatherings held in those areas
of the stadium specifically designated
by the City manager, including but not
limited to the third -level pressbox
structure, the fourth and fifth levels
of the "new" pressbox structure and the
area designated as the "Pro Club"' located
above Gape 14.
(ii) A reception or social gathering at
which intoxicating beverages are served
may not last more than a specified time
designated by the City manager. In this
regard, receptions or social gatherings at
which intoxicating beverages are served
may take place on the day of each ,aiami
Dolphins official NFL pre -season, season,
or post -season football game from approxi-
mately two hours before official game
time.
(iii) Refreshments, including alcoholic
beverages, may be served at the Orange Bowl
reception or social gathering in the designated
areas, provided there shall be no charge for
such refreshments, including the alcoholic
beverages, and provided further, no one .
leaving such designated area may carry any
alcoholic beverages from such designated area
into any other part of the stadium.
The PARTNERSHIP shall make any additions, improvements,
and alterations incident to the sale of beer;and/or malt bevera--es;
and the prior written approval for such additions, improvements,
and alterations must be obtained from the City Manager before any
such work is undertaken.
The parties agree that the PARTNERSHIP shall commence the
sale of beer and/or malt -beverages at the Orange Bowl Stadium immno-
diately upon exeuction of this Amend;;;ent. This immediate distribu-
tion of beer and/or malt beverages shall be accomplished by serving
3
82-96
the Deer dr,d/or malt bevcr uses to t:•e t u`Jiic in oo: t ci:r3 4 A. - (:
;� ��. , ter,...-,�.._� ". , . � , * re
1 ♦ om cans any
1{ JL �f�• 1� IY L.• IUI.1 • .J ll.,.ly 1 UL !!',�^,.�I�l U. 1♦ C. l� �^ L J �1 C111 .� 1 1C • l7r I.I.e
purchase of an equipment r cqui ed o '.implement. 1.11e ini icfl d." Ztrl-
buzion proeoss and -..;1y rezai:; oil t::i., equip..,cnt,
z •_ :-
eS,,ab:.f:,il its pz•_Ce r L O♦ t./L :J?c_'r and/or mc:..t bl?`:41I•av-2 by eV. -.par ...;G:.
with industry standards of
compara`Jlc stadiummo, and shall pay
CITY twenty-five (255) percent of Z;r o3s revenues received from, oaiu
sales (after payment of State sales tax) . PART;IERS;.11.1 s;,all have
the privilege Of distribution Oi uti'r and/or ;Celt 'Jevera�es at the
Orange Bowl Stadium under the above condit4ons until ii, either has -
installed a beer and/or nnait beverage pumping system at the Grande
Bowl, or until July 1, 1980, whichever is earlier.
The parties hereto shall, bet;.cc n the date of execution o;
this Agreement and July 1, 1980, conduct negotiations with regard to
the extent of financial investme nt to be r„�,de by each for t:,e installa-
tion of a permanent pumping system for the distribution of the beer
and/or malt beverages at the Orange Eowl Stadium. If these neootiatior
are successful, then the PARTNERS:-i1P shall pay the CITY thirty-five =
(350) percent of gross revenues (after payment of State sales tax) _
from sales of beer and/or malt beverages, co,.,,,encing either when the
permanent pumping distribution system becomes operational or on
July 1, 1980, whichever is earlier. If the negotiations are unsuc-
cessful, then the Agreement shall terminate on July 1, 1980.
Upon execution of t:.is A„le. dmment, PARTNERS;;IP shall promptly
apply for any required licenses fron, appropriate governmental aut;.or i-
ties, and CITY shall cooperate with PARTNERSHIP in the acquisition
of these -licenses.
Nothing in this paragraph s::all.be construed �o circu-invent
or relieve PARTNERSHIP from the requirement of operating in con`'or,,.ity
to existing laws."
32. That no bottles or cans shall be permitted by PART,.ER-
SHILP to reach the hands of Orange Bowl spectators, Beverages
*or bottles.
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82 - 96 1
contained in bottles oL ca .J l-lust be you ea irito PaPe1J CUPS or
lid ht plastic cups before serving to customers.
3. PAY -,-[ENT TO C LTY VOR FOCD`�; ;;-�,:•Cc�:ui,Ic
BE-V .iN,.:..v, %li'.J DOLL
Paragraph 3 on page 1 of the aforesaid original
Agreement dated August 4, 1967, as amended, is hereby a„�ended to
read as follows:
"Up to and including June 30, 1980) the PART;IERSHILP agrees
to pay the CITY an annual mini -mum, guarantee of One Hundred Fifty
Thousand ($150,000) Dollars, or thirty and five -tenths (30.50)
percent of gross saleg at retail value of all items sold (less State
of Florida sales tax), excluding the sale of beer and/or malt
beverages, whichever is greater.
Effective July 1, 1980, through the termination of this
Agree,,ent, the PART��E.,S'riI? agrees to pay the CITY an annual minimu,.,
guarantee of One Hundred Fifty Tousand ($150,000) Dollars, or
thirty-one (31) percent of gross sales at retail value of all
itemns sold (less State of Florida sales tax), e:tic A. 0 the sale
of beer and/or malt beverages, whichever is greater. The mini-mun,
annual guarantee shall be paid to the CITY prior to August 1st of eac
year thereafter. An accounting statement of operations at the
Orange Bowl shall be submitted to the CITY (to the Director of
Finance) on or prior to the 15th.day of each month, together with
a payment of all monies due for the previous4month. Said statement
shall be a monthly report showing each day's operating results at
the Orange Bowl. At the time the minimum guarantee is. reached,
PARTNERSHIP shall account for and pay said percentage of gross sales
to the CITY on or prior to the 15th day of each sueceedin- month
thereafter." .
4 . CITY V .'I . P . BOX
It is hereby agreed by PARTNERSHIP that the stadium
area within the loaner level or "old" press box structure desiOnated
by the CITY as a CITY V.I.P. box shall henceforth be specifically
-5-
a ^
excluded from use by the ?L11. �11LJ il.+ii.:, �tl lla Ue jPier IC� i�r
exclusive use by CITY of."Icialz u:,c, t;;c�:• ,-�uo:,ts o:
M' Dolph-' �•- n 1 ' provide a�:�r13
lsllll 1J.ns football. �,a l.It✓. Pf11i �11u/tJili� shall
ticke.3 for the V.I.P. boy: in a axi lull nu,.lber of ten (10) per j,aMe,
to be purchased by the CITX fr or; ,:.::�1,::I? upon notice from the
' t
Orange Bowl Stadium Manage. of the C,.^X'S desire to utilisehe
said box. The price to be paid to the PARr.rNER-)H1? for suciti ticicetc
shall be the sane price which the PAi;T,:SHIP shall charge for its
50-yard line chaii--oac;c, or box seats at the Orange Bowl Stadiu--,
and payment shall be made to the PAR^.:ERSriI? at the time of purchase
Any and all notices of,purchase shall be made on behalf of the C1T'_
only by the Oran ge Bow'-1 Stadi.u,li Manager. .
5. PENIDINMZ L1^IGt,TIG;'
The PART—N-ERS111"? hereby agrees that it will dismiss
all pendinG litigation or threats of litigation against the CITY and
that all present issues of disagreennent between thAe CITY and the
PARTNERSHIP shall be put aside.
The parties hereto further agree that if the option
to terminate contained in the Agreement of June 8, 1977, is exercised
by the PARTNERSHIP, then this herein Agreement may be ter -urinated at
the option of the CITY, and if the CITY exercises the option, then t;/e
CIT`1 shall subsequently reimburse the PARTNERSHIP for its unamortized
Investment, in the improvements, additions, alterations, and equipment
necessary to implement the sale of beer and malt beverages at the
Orange Bowl Stadium; according to a schedule of equal annual payments
to be made over the four year period commencing with the date of service
of notice of cancellation.
. ,.
7. ORIGINAL AGR?Eh -- NT
The Lease and Agreement entered into on the 4th day
of August, 1967, between the parties, and A^Lndment No. 1 thereto,
shall remain in full force and effect and shall not be dcomed to be
repealed, amended, or modified in any way except as herein" -bone
specifically provided.
0
�2-96
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City Attl�vjioy�
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82 -96 1
ORAZIGE DO'WL CO'NCESS IC:1
LEASE ACID AGRCEMM'IT
Amendment No. 3
THIS AGREEME2IT, made and entered into this dal
of !viLr.L'�-���! 19,V �'� , by and between the CITY OF MI; 1%1I,
-
a municipal corporation of the State of Florida (hereinafter
referred to as the "CITY"), and MIAMI DOLPHINS, LTD., a Florida
limited partnership (hereinafter referred to as "PARTNERSHIP").
W I T N E S S E T H:
WHEREAS, on August 4, 1967, certain parties, then known
as the City of Miami and Restaurant and Waldorf Associates, Inc.,
a Massachusetts Corporation, entered into a lease agreement
entitled "Orange Bowl Concession Lease and Agreement"; and
WHEREAS, on May 15, 1968,'the name of the Restaurant
and Waldorf Associates, Inc., was changed to the Restaurant
Associates Industries, Inc., and on July 15, 1968, said "Waldorf"
Corporation merged with Restaurant Associates Industries, Inc.,
a Delaware corporation; and
WHEREAS, Resolution No. 43270, passed and adopted by
the Miami City Commission on April 15,• 1971, authorized extension
of the existing agreement between the City of Miami and Restaurant
Associates Industries, Inc., for an additional five year period,
with an option to renew for a*further three year period, and
Amendment No. 1 to the original agreement implemented the extension
as authorized; and
WHEREAS, Resolution No. 73-623, passed and adopted by
the Miami City Commission on July 26, 1973, consented to the
assignment bf the said Orange Bowl Concession Lease and Agreement,
as Amended, to the Miami Dolphins, Ltd.; and
WHEREAS, on June 8, 1977 the parties hereto entered into
an Agreement for use of the Miaini Orange Bowl Stadium by the Miami
Dolphins for playing of Miami Dolphins professional football home
games through and including the year 1986; and
R�-96
•
WHEREAS, on January 11, 1978, the City Cor-Mission passed
and adopted Ordinance No. 8735 authorizing the sale of beer -and/or
malt beverages at the Miami Orange Bowl; and
WHEREAS, Amendment No. 2 to the original agreement
required the parties hereto, between the date of execution of
Amendment No. 2 and July 1, 1980, to conduct negotiations with
regard to the financial investment to be made by each for the
installation of a perman�-,nc pumninq system nor t:ie diztril3ution
or the beer and/or malt beverages at the Orange Bowl Stadium;
NOW, THE =GRE, in consideration of the premises and
mutual covenants hereinafter contained to be observed and performed,
the parties hereto hereby covenant and agree as follows:
1. BEER SERVICE INSTALLATION
The Partnership agrees that, between the date of execution
of this agreement and July 1, 1980, a permanent pumping distribution
system for beer shall be installed by the Partnership in the Orange
Bowl, at an estimated cost of $330,000.00, following plans to be
approved by the City, that approval not to be unreasonably withheld.
2. TITLE TO EQUIPMENT
The Partnership shall retain all right, title, and interest
in all equipment fixtures purchased and used in connection with the
permanent beer pumping (istribution system installed at the Orange
Bowl Stadium through the conclusion of its concession agreement, at
which time the Partnership shall convey to the City all right, title
and interest in the said equipment and fixtures.
.17
3. TEMPORARY BEER SALES
The City and the Partnership agree that between the date of
signing this agreement and*July 1, 1980, the Partnership will be
authorized to sell beer at the Orange Bowl Stadium using temporary
measures other than the permanent beer pumping distribution system.
The 259 of gross payabletothe City based on the temporary sale of
beer through July 1, 1980, will be due to the City at the same time
as the guaranteed concession payment due in August of 1980.
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82-96
4. CONDITION OF STADIU:1
In recognition of the mutual benefits to be derived Ercm
improving the physical condition of th% Orange Po•..rl Stadium concession
facilities, other than those to be used for beer sales, the City
agrees to make improvement_, to those concession facilities at a cost L,
of not less than $500,000.00and documentation of that expenditure
will be available for reasonable verification by the Partnership.
5. TI:•1ELY ''3Y rARTIIL'C?SIIIP
In order to insure timely performance by the Partnership of
its responsibility to install a permanent pumping system for the
distribution of beer, it is agreed,by the pity and;the Partnership
that should the Partnership fail to.Amake that ins4-a7lation by July 1, Q
1980, that the Partnership would revert back to being bound by the
terms of its concession agreement which terminates on July 1, 1980.
6. TIMELY PERFOM ANCE BY CITX
In order to Jnsurq timely performance byn he CitYAof its r"c
obligation toAmake concessior'r facilities improvements to areas other
than the service of beer, it is agreed by the City and the Partnership
that the Partnership is hereby authorized to withhold any payment to
the City of concession monies due for the temporary sale of beer, or
for the otherwise required advance deposit of $150,000 against con-
cession payments for the 1980 football season, until such time as the
City has completed Orange Bowl.concession improvements of not -less
than $500,000 in cost.
7. ORIGINAL AGREEMENT
The Lease and Agreement entered into on the 4th day or
August, 1967, between the parties, and Amendments No. 1 and No. 2
thereto shall remain in full force and effect and shall not be
deemed to be repealed, amended, or modif-iod in any way except as
hereinabove specifically provided.
-3-
�2-96 a
IN :WITNESS WHERE -Olt the parties hereto have caused this
Amendment No. 3 to the Lease and agreement of Auclust 4, 1967, to
be executed in their names by their duly authorized ocficcrs, "In'!
the corporate seals to be affixed thereto, all as of the day an--''
year first above written.
1
A71'E aT
1 r
As�.6--
1• iami Dolphins, Ltd.
THI: CITY OF MI,'11,1I , a7minici^a'_.
corporar,io
By:
C 1 i4aria
APPROVED AS TO FORR•1 AND CORRECTNESS:
George F. Knox, Jr.
City'Attorney
- y-
-4-
P-1IAMI DOLPHINS, LTD. , a Florida
limited partnership
By-
,� Joseph Robbie
Managing General Partner
82-96
W
Lid
��^•
GillliiGu i_ L 3541
SCG 1L' 30 A;1 ►.1 A G AR Z�_ :l..a
TIIIJ i1G.1i:L,'.u..i, sl%c� [ai l+ .f`i•�Ci 0 ti�ic f C
a
day o► C. y of .'liilii�i, �.
f
municipal corl7orat-'On o.i�L:.:'lzed an' exAL3t4l,iJ l:iUC: t:ie �uti'r�
of the State of Flor.Lda 1 the 1 IT o ?►..w^.J,
Ltd., a• Florida limited par tners1l_JP (D0L:;:y;:S) .
.••w f L I- J, Ar 01 1/a/e .1.
�vti�R�f1�h e Ci �,/ .�s L'he o;rrac. `' a;io.,.i
Bo,..:',Stadiui� (the "Gii:NGFJ 30�riI"} located at 15C0 ��.�1.
i;
Mial, i, Florida; and
WiiEREAS, the DOLL :i�,;S is the orr,:er o: a i;at '-anal
Football Lea -rue franchise which utilizes the GRANGE BOV.L for
Mliami DolphLn3 professional football haime games; and
WHEREAS, the CITY and the DOLPHINS are mutually desirous
of renovating, and upfradind the present 0 RANIGE 3GWL scor eboar d
system ; and
WHEREAS, the CITY has been conducting negotiations
with Stewart -Warner Corporation relative to instal:.atioa and
operation of a scoreboard facility for the ORANGE B011L, since
authorized to do so by Resolution No. 75-458, passed -and adopted
by the City Commiss-.on on May 8, 1975; and
WHEREAS, Stewart -Warner Corporation has, at the request
of the CITY adtniniatration, now designed and offered for sale to
the CITY a scaled -down scoreboard system, the coot of which can
be amortized over the three year guaranteed life of the CITY'S
current ORANGE BOWL use Agreement with the DOLPHINS; and
WHEREAS, the CITY and the DOLPHINS are willing to
mutually and equally share the cost of installation of the
proposed scoreboard system and also to mutually and equally
share the revenue realized fro:, sale of scoreboard advertising;
NOW, THERETO "., the parties hereto represent, cove ant,
and agree as follows:
3
W AqW
a
�4r ri.'iaa�1. ti►v
tcz;,; of ti.r.a .a�j �t=t'.�,ty�at
:a,icZfi
``'
Cviui.t�n%t� On ..C:
' 1'17 `.
date iirst 1'iaauvVc
uS t:.o u:iL.0 G:-, -wi...L.:: itL.
Wu�
.uiat�t:
en"Lara lntoI an"-" i.. shr, 1 , o—main in for _ -"
L � a. r. L �. A �.. � -- l7 � C l: aia a a ,.: ,:: � �. tr C
tt_Lu waaiCti ualcaly COiiaC:.G4 wlt.aa t...%: ..tea..., Qi: t.aal., t1ga.t_V.it6.:nb
June 3, 1577 between t:.a CITY :an:, :: e LC IS
DOT T 1 S •1 t • 1 T� F J. '� .- L �,,, N 0 "• T
a..Pl-a1�J P1aj 6.hl�iA. .`., L J-Ol7�.bc�11 a.o.��C: g�uilt1' J �.i� �..Ll� �ZA.Gu 3V� l.J•
The aforesaid t'15 ee,aenb is open ve t-an.rough and inclL'dl ag the
tball season as do i;acd therein. 19So regular foo
b. That if the option to tc irate, as per the I�,rect�,e; t
oz June $, 1977, 15 e.{eaCi✓t:u ay a.aaL 1JG:ai aiiiV a7, ••then batiS tlg i.eeailL as �.
,shall ,_ell, lnabe ga,ui,eaia -e1,1 co.a.,a,c.-I.donA.. wll.ai bh, e date oa.-_e.y.a.ce
of notice of cancellat.lon, and the CITY sa;all sutiseCquenbly reim-
burse the DOLP I;�S for its un a„or tizec invest—ment in the new
scoreboard system, according to a schedule of equal annual payments
to be made over the four year period ccmmnencing with the date of
service -of notice of cancellation.
2 , SY S^rr,,'•: P iJ RC:: T:S -_ ;
a. The DOLPHINS s the entire expenditure 'of
funds necessary to purchase and :::stall the scoreboard system (consist
of two scoreboards; .a priaaaz-y one in tf. he Gast end -zone, and a seco ndor
containing gal-ne-in-progress infor-.ation and located on the fascia of t
upper deck in the j'1`St eL:d^ZO:,eI bUt -.,e Ci:':' and the DOLPHINS
will each be responsible to pay one-half of the cost cf
designing, manufacturing, and installing the scoreboard syste„ a,
as hereinafter provided, described in a letter of July 12, 1977, from
Mr. John G. Finlayson, Program Manager, Information Display Systemms,
Stewart -Warner Corporation, to 11ex. R. L. Jennings, Director, Departme:
of Stadiums and Marinas, City of Miami; and referred to in a subsequal
letter of December 22, 1977, fro:a ;qr. W. O. Boss of Stewart -Warner
Corporation to Mr. Charles Crumton '��~ �•
P Assistant. Ci.ry MiaA.t.g0Z, Cibl
of Miami] which offered to sail the previously described scoreboard
system (consistinc: of two scoreboards), install and operating
(including training of oporating personnel).
R. r
P - f
0
.0
b. l..Clt t.rt'. C.011tru.Ctr Wi4.• .)�.�;ila.'V-..,y♦ .i�r l,U► j)Oi'avJ.l.il
for dcz! n, imai,u ac'U-ur ., a Ii.:,t,i,11.•I'I'o . o. cii, 0.'A'I;G .. .7V�ry
s c o r cLoa. d s y:iteili, sha11 J- c .,Ua;,..,� L,,ou uo uu% p,... v�Lu ,-$c:
rev4,ew and app:'oval anc:, aitor approval , Ghai.i be execulv-Qd Uy
both part`A.eG a-,O et/o u i
ti..
c. That unless „e:,r,_:,�_,_t,Lc: ..1.1. accorca;;ce :;mot.,
lb. above, the DOLP WINS yi.all r eto.i:; tii:le to t.iY zcor @Joar d
system and all of its ap,)ui e^ nt Zuppoi tin- purtU until the
DOLPHINS have fully amortized their capital :nvestr„ent in such
system. Upon coi„plete amortization by the DOLT „DIS of Such capit
investment, title to the scoreboard system and all of its appurte
and zupporA tinCy
s par is z hall be conveyed to the CITY. Provided,
however, upon the expir anon of t:.is �1�reec,ent the entire score-
board system and all of its appurtenant and supporting parts steal
becom,e t .e sole and exclusive property of the CITY and t ,e DOL'E
shall no longer have an interest therein. The CITY shall reimc,
the DOLPHINS for the CiTI" S proportion of the cost of pur chasm,
and installing the scoreboard syJ tell., together with the CITY' S
proportion of any interest on the r e,;,aining balance o', any a;i,ou;.�
borrowed by the DOL:.:I?:S to pure: ase and install the scoreboard
system, through deductions fro-m the CIiY'S share of gross akaver t:
ing revenue from the scoreboard system as provided in parajrap ,
of this Agreement. The DOLPI4 1 shall provide the CITY �r1 evi
satisfactory to the CITY of the actuGl amount of interest pald,
with each such deduction as pr ov-ded in Para r aph 5 of this
Agreement.
3 . S'�'STEtii 0?i�i3r1Ti0iyS
a. That for the entire period of this Agreement the
scoreboard system sliall be exclusively and unilaterally operate
and maintained by CITY personnel retained by the CITY. The
system shall be operated, and advertising material presented
,
thereon., however, in accordance with precedures and pro,: a:..s
�� 82-96
Mu l_V a1.ly dl�vL ll7 d11 Ci by t..t: i ui1_1�:J .Il>a. �r \.v.
b. L L' - -
iiiul.. vi10Se ?L?a..:10:.i.a:., ..v uC ._.uiu-,..'.C. ... :iCGrt:JGu:C.
_ L
Syti.L,_L.i1 O�Vr ut ioi. ai. Ci/Gi� uit��ia �. ...i.c t� u�� J Lt�i'!ar•..��•�ui�.�?:. 1..=l :.� Vru..+Vi.
/�'^f'\\ -\y... -�� L.
s\ LL -I b pr ll,ILLl iIy C:z TY In 0- JO.. nL i, .J . ..LL
have e l iLJ1. 1-0 also appoint L 4 1a,1�1, O..h V \ L � � el JIJIIJ 1 o
attend t1kais training.
f••11.. L he CITY h • / 1 th.0 r vJ_iC o Of utr.i
C. 1..0 1.. t.at,.. Cla. :J..l.11 hUv� .:... ply � J
..he message line portion QL the sco cboa d sys -e—n-, On Ca iL(J...IVnable
basis not to exceed 100U of total available advertising, im-e for
display of announcements pertaining to co.1 ing events at the
ORu=- BOi'ru, Or of puJliC liltert...5`.,. n[.I.,iwre.
d. T1 - by virt V� tiat? fvilOWii.g quoteis O.i1 an
a
Agreement of July 26, 1976, between the CITY and the 01U.I;GE
Bowl Committee, the OOLPHIi:S are hereby advised Of Certain restr:.c-
tions, presently legally binding on the CITY with regard to an
OZP.\GE BOWL scoreboard system and its operations;
. "The City agrees that at such time as the scoreboarG
is completed and ready for use that it wiii be under the full
and complete operational control o :;:ae said City. The Cit^y
agrees that A. wily. not,, prior to the game, during the half-ti.;1e,
or during the game itself, visually exhibit. or broadcast audibly,
any message, picture, sign, slogan, caricature, advertising, etc.,
in such a way or at a specific time t :at wili cause a conflict
or distraction with the pregame show, the Ongoing football ga:..;1a
or half-time pageant, and all such visual 'exhi- itlons will be
in good taste and suitable for viewing by the general public."
4. SYSTEM ADVERTISING:
a. That the CITY hereby grants the DOLPHINS the exclusive
right to sell and contract for the sale of advertising to be dizplaye�
on the scoreboard system, rexcept that the CI:'1' shall have t'r.,� ri -ht
to approve o;: reject any advertising client form and/or any
advertising copy, signs, terms, rat -as or displays which approval
82-96
/0*S
0
will nov be wl'11:',61216 -
l.V a,) 'I ul Ci i' i'f.',1
1
be baoeu on Veil 3oi:u010 1.►C.VC'• ,i.u.l:l� .�LI.iiCiii.�Vi} i,5 to l:Vliiil�ii i
l . ,. -
1111O111�t. in ti11G i•eU C. �G I i1V.'��'t_I ll j IlIIL UVu1 il�. ,.I �11'11' "
Ci�`i ila3 a :!�?f3ciui o'cli�at;io:; to J„e: o: tale v:•I.n;;,�• t�o;;i �ll:•1'Jii�
oth1' than
_1r1.
ou��
i
�I
at eveiita
of thcae
oLi;er
JGel'o is
in tci•iita o:
eiti;er
cor.te.
t
or a,ijou;:t;,
o: 'c01',2 :U.
ing on the
acoreboi„'a j—,,e
tri,1;; zj�ja' 1 :�eveo
bu
while a game or perfor mal ce of anyiclnd
its ta;c'Ln;L Plac
• A ''o v1i:i
on the
acor eboar li line
ur; .t inay be Fhown
a�In�:��
' in rl�..11
ailiouilt;l,, conuncl;cln;
011e f., teen before
schp. iuled
time of CdiiiiTlcilCCliC'ilt ar,C]
extet;c;iily until
oi;e i1ou: ►nci
fifteen rlt5.nut'eo after t:,e concluslo,-j of t;,e event; but m�1y only
be shown dur ink bet;•rleen Periods Of a
sports event, or ►befoi e or after tine event o: any of its CL t.L LU-
COMMlence .
b . The DOLPHINS hereby agree to provide the
copies of the contract forms and advertising rate structure sheet.
to be used for sale of adver tisil g, on the acoreboar d, for CITY
approval prior to ti.eir use. Also, upon comnplete executiot: by
all parties to the advert13in , cont-ractc, a copy shall be provide,
to the CITY. '
c. In file evl;tiv t1.)ia1;, nt te:mnInat, JLon of t11113 Ai:i ee-
ment, certain advertising contracts remain unexpired, there
unexpired advertising contr act3 shall 'be �asoigned by the DOL,iiij.1:'
to the CITY at the time of termination, and the DOLPHINS s;,all nc
longer have.. any interest in the acid advertising dontr acto o: t ;�
revenue therefrom.
1 d. The CITY hereby covenants that, during the porioCi
of this Agreement, its will not permit, paid advertioin,; an.1 4 e
on the ORANGE DOWL pro,)e. ty other than the advertising o: t:;0
firma or i ;dividu-►la wiL ti•rhich the DOL: K."IS have coat: acLod to
82 M 96
a
,7.ur Ciiaac ak-Avu, V, t',.6 -4 0;1. lr.ia vcorclu0aI.C. GytI1;eir.; nnVn�it�;l,•� v��
the coiicflGUA'.G;;u.i!'C rim; , ti,c :.,,.,;,��c:.�.te E:i•E:a o: 1tr vt�;,l� ..,:; coo;,:,:
...� s• a , !+. �_...� _-, CGI:Cvv
and on 4 to er,,P' Oyella i....ia O:.Iiv , ..GCi�ii �. f u..tl uG'Ji . � i3 t
bc.ing sold .
e. Thai- t ie DOLi.I.L;..5 uiiali bu raul.�io. �;,c. 1 t;o
aclvert, ping an1Ca co;nm.',.ur .on o► li'tee7 iiei cen ' (a j� � Or i0%1}f;ti
advellt-iaillr, reVCilUe fog' llC:nliliniu ii� l: Oa1t3
hale , of Gcor eboarl d Gclvr,"V- In 0
5 n• r+r-• -v
t 1 "NI
Teat-,
of ter ,. � i
G' CCtUC v 0%z
by t' e
DO �i';;.i�� ;
o: t��t� �.;•
fif teen percent (15roi adver tiain� ualea comrnioa1o:1, anti cler;Z:ctlo:.
of ali oiler atlor.se;;ance, o: ct;,e; c;:1reet eo;,ta fir,aoc;:.L'eti
with the scoreboar d' ayat c-m) tiic CITY ar►a the DOLL lii:iS i;hi11�.
sliare equally ."ill tiie I'rilu�f:C,e:' of &I" gr onG t3tiVCrt101�t(; reV(_';11i.�.i.
The CITY shall imalce pay;i,?n',-, of olierationc, maintemance, or
other direot costa as5ociutcd ,Mitt; the ocoreboard oyatem and
these said 000ts ot,all be totally re 'Lmmbursed to the CITY b;;
deduction, from the grorm advert yGil,(', revenuer ; rior to lile er,urrtl
division of the advertloing revenues. The CITY shall provide the
DOLPHINS wit-;; a co;.plete and itemized S.n.voice o; any scoreboard
oheI•ationo, mmintenance, or othei• d"A.rect cocits ao Goon ao 'POSE,lbi
after
they are incurred.
The DOLMM4'S ohall
deduct from ti,e
Ci;'1' S
share of odve: t1G:n,-
re•Je:.�:e , u; t11 00►;,��letely
pa- A ; t;;e
CITY' S
Pr odor tiOn of the
nor,;; of purchasing
and i;;G►;a1"A.II t;�e
Gcoreboard ayatems Lo(,ether with the CiITY'S propor tioil of any
intereat on funds borrowed by the LOL'iiSNS to finance, purc;,.aae,
and install the scoreboard syotem.
The partica agree that EXHIBIT A reipreclellt:o t;�,•�:~
general intentions as regards diutribution of coGto and rev. n►ieo
realized from the inatallation and operation of the 0: ango Bowl
ocorebocrd system.
82-96
T.
n..r •• n • j f .� r-. /
That the DOLL IM'4u v:iall l:l'E'p av,1l !C"Ol c " n ' _z; G: - L
or such other place approved by t,ie CITY , true, accurate, a, 'i
complete records and accountlz of ai'. adver t.lziiLi'- sales tr _nsa -O: y
in connection with the Oran,;e Bowl scoreboard oyol-em and c61«1-
give access to tihO6e records and accounts to authorized r epr esent-a-
tives of the CITY, during rea3onable bualne3s hour:,, to exaMM' n
and audit such records and accounts.
7•
COT T-C'i10:` COSTS A:Jt7 IFEE5:
That the DOLIPHINS agree to pay the cost of collection
and reasonable atto-AIey's fees on any part of amounts due to 1'e
CITY by the DOLBiIItiS under this Agreement which must be collected
by suit or by attorney after the same are past due and the DOL?;:INS
have been notified in and have had the opportunity to
correct any default. If it is ano.yn and proven by the DOL'::I:+S
that 'the failure to -pay the CITY a.:ounts due to it are as a resuiU*
of failure of a third party to ,,,eet its legal obligation to pay
amounts due, then the CI:: and - ie D0AL11' 11'iS S►.all egual'ly slur e
all cost of collection fr om, t :e said third party.
8. STADIUM CON —rGN XM LIABILITY T =rOR:
i The CITY a. r e s '"E `'
h 3 �� to maintain the 0:?�1T,u� F30�yL aria �:,C
;> scoreboard during the term of this Agreement, in physical condi-
tion suitable for the playing of professional and collegiate
football games. No liability of any kind small be incurred;
ever, by either of the parties hereto, lshould ;;he ORANGE BOt,.L
become unfit for events to be played or staged therein dur i:L,�
M the term of thin Agreement because of an act of God or public
enemy.
Appropriate insurance to protect the part..es'
mutual investment in the scoreboard may be acquired by eit::er
party, with the written agreement of the other party, and the c031
of the said insurance a,iall be Shared equally by the parties
Both parties shall be named as insured in any policies w::ttOnt
to the extent of t•ieir +::terest in ti►e acoreboar d, ' and cop.' Oz; O:'
the insu:ance policies shall be Provided to each party. 8 2 9
10. DZ': R,U:,.':
�. H •_ •_
n
1 .IClV V..:: ♦"J. V..1 ��1 .., peri o.'��lullC �..: o♦ each Lill �♦ I..IL t•�l i��J
.. t R '
ails] conditions, Oa 1.,.1:r R1v:t'l:uit�.:�t <�'l' tii'_' coi,(; Vt on:, UP011 +ill
thin ,1;;reement is mane and accepted, and In tn,' clie'.V of c1;,;j
o .�,yfailure upon the part, of ei:;:erpay�; ��r L-c: �.,v ��•;-:.�.;
and conditions of this AGr eement, after 30 days' nW:.ice oL suc"
default to the defaulti:.� p�.r uy, :,::e nondef au1'-' -. Par" .R..G...i-
'nave the option to ter;,,�nate this A�re��..,ent is t:.v i'.ei�:U' is
not curet..
11. DISCRIMI4-'-%7I4;, :
In connection wit:, any •vtork yo be pe: for, -ie6 ui:de:
this Agreement, the pal tie3 hereto agree noi; to disci--iminate-
against any person because of race, religion, sex, color, or
national origin.
12. BIND1ING ON S U C C E 5 S 0 ;S :
This Agr eemient snail bind the DOLPHI;'S and t;;eir
heirs, assigns, administrators, legal representatives, executorz
or successors, as the case tiiE;Int be, Of the DOALPHIN'S and CI;:
i
Or its SUCCe550T gOVer n;i.C'nta! body.
13 . NOTICES:
It is understood and agreed between, the parties
hereto that i+ir'..tten notice by r errIstereL`A ...ail, or delivered to:
Miami Dolp'Iins , Ltd.
330 Biscayne Boulevard
Miami, Florida
s:,ail constitute suff+cient Notice to the D07c�:�iT`S, and 1ti•r:tte;,
1
notice by registered mail or delivered to:
City ManaUcr
City of Miami City Hall
Dinner Key
Miami, Florida
shall constitute sufficient notice to the CI':y; to comply
terms of this A ,regiment, -- except as either party may notify t::
other party Of a CIiaT2ni? 02 add:l:SS by reSistv': eC �;.ai z
-B-
�2-9�
i
4 . :�,�.�.�....,.�....,1 .
It .1� `� r,iu `ually ai;r ced ti.at tiiiTi f1i�rCe(,it'si,`v
�t
not be a3SivtlCc:i In YliiOit' Or l.n ��itr� byC1i+:i1Ci' party
exp: Css Writton ap pr OVA„ Of t,.c G±:,iC A. 7ari: j , i'1i*,'J1ii
not be unreasonably witiile.ld.
15. 1N+7t ' `;Ii IC,1T1O'N
T;,e DGL WINS air eo uo dl� l'nCl, ii`1dC,ili,if J, ai,U
harmiless the CITY a.-oL..:,'.',V any an6A al'_ ciaii,4s, Ut1.{i,tG aC t,1.G i^i :, "O
da.,,ages, or Coats of actions aris.'i.i,,y dur 1f14, the period Gf 1;t
DOLPHINS hold t it le • or any personal, injury, loss O. l'A i e , or
da,�,aGe to property, 13 Uained by reason of -or as a r esu.: is of t;,e
operation of the scoreboard except w*i.er e agents of t ,e CITY are
neUligent in the maintenance and opersu i thereof
IN WiIt,TF,SS WEERZ-0 , the pa. -ties hereto have here
set their hands and affixed their Seals the day and year first
above written.
WITNESSES:
APPROO AS TO FORM AND CORRZCT;�ESS:
VLo1'(, . Knox, jr
City ; orney
THE CITY OF MIAMI, a mur.ic
corporation- he State of
DOLPHINS, LTD. , a F 3
limited partnership
By:
i:' Joseph Robb le
T,anagino Genera! :;:
.
,q P L 0 a 'A-N1 tli1AL I►LA'51J C."
0*1 A U��Itu.:17 a/V"��.t 11.1�1..1�u Lj
• i• SYLG"IE'1 C0 )•1 i
A,
Coat to City -- YA.7919315
B.
Coat to Doip;:11-13 - ; i79 t935
loyal coot or oystt:ill
— a379,�lf J
" . . . r..... r-..... 11-� m 1 . . 1►.`�wt1,"►'L, .�;�:L'.i•i�i�L'�IJw ?'?uJ�'.t,.�I:
N.
pated G6f3 air-IuaI : c:ve�-Iue f v o-m :1
advertising
- �luC,GvO
B.
Leao - 15 % fee to Dolphins for advertiain�
vales commission
- 24,000
C.
Less - estimated interest on investT.ent
made by Dolphina on bei;a".f of City
-- _ 13 . GGG
D.
Anticipated annual net revenue f:om
advertising
- ;118,0vv
E.
Leas - estimated operations and maintena ce
cost
-- 6,C00
F.
Pet revenue for diotribution
- :112,000
0.
;iet annual revenue to City
-- 506,000
H.
Net annual. revenue to Dc'."►,...'
.:�.i o
- ``
v 5 b , ODU
Olt is understood and agreed t•: at all coati and : everues shown herein
are eatim.ateG only, au of Deeembe: , 1977 •
0
82-96