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ORANGE BOWL CONCESSION
LEASE AND AGREEMENT
Amendment No. 3
THIS AGREEMENT, made and entered into this day
197 , by and between the CITY, OF MIAMI,
a municipal corporation of the State of `_Florida (hereinafter
referred to as
limited partnership (hereinafter referred to as
W- I T:;N E =SS. E� T "H
WHEREAS, on August
as the City of Miami and Restaurant, and Waldorf Associates,"
a Massachusetts Corporation, entered into a lease agreement
entitled "Orange Bowl Concession Lease and 'Agreement", and
WHEREAS, on May 15, 1968, the naine of the Restaurant
and Waldorf Associates, Inc.," was changed to the. Restaurant
Associates Industries, Inc.:, and on July 15,.1968, sai
"Waldorf"
Corporation merged with Restaurant Associates Industries, Inc.,
a Delaware corporation; and
Resolution No.
WHEREAS
43270,
the Miami City Commission on April 15,
of the existing
agreement between ,the .Ci
passed and adopted by
1971, authorized extension
ty 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 b
the Miami City Commission on July 26, 1973, consented to he
assignment of the said Orange Bowl Concession. Lease and
as Amended,
the "CITY"), and MIAMI DOLPHINS, LTD.,
Florida
PARTNERSHIP"
4, 1967, certain parties,
to the Miami, Dolphins, Ltd.; a
then known
Inc.,
Agreement,
1977 the parties hereto entered into
an Agreement for use of the Miami Orange Bowl Stadium by the Miami
Dolphins for playing of Miami Dolphins professional football home
games
WHEREAS, on June 8
through and including the year 1986; and
WHEREAS, on January 11, 1978, the City Commission passed
and adopted Ordinance No. 8735 authorizing. the sale of beer -and/or
P
malt beverages at the Miami Orange Bowl; and
agreement
WHEREAS , :. Amendment` No. 2 to the original
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 madeby each for the
system for the distribution'
BEER. SERVICE
installation of a permanent:
of the beer and/or malt beverages at the Orange Bowl Stadium,
NOW, THEREFORE, in consideration of,' the `premises and
mut
ual covenants hereinafter contained to be: observed. and. performed,'
the parties heretO hereby covenant and agree' as follows
pumping
1
INSTALLATION.
The Partnership agrees that, between the date o
of this agreement and July 1, 1980,
system for beer shall be installed. by the Partnership'in the
Bowl', at'an estimated cost of $330,000.00.,
approved by the City, that approval not to be unr•
easonably
2. TITLE. TO. EQUIPMENT
f execution
stribution
Orange
following plans to
be
withheld.
1, title, and interest
and: used in connection with the
system installed at the Orange
The Partnership shall retain
in all. equipment fixtures purchased.
permanent beer pumping astribution
Bowl Stadium through the conclusion o
which time the. Partnership shall convey to the City all
and thesaid equipment and fixtures.
3.
interest in
TEMPORARY BEER SALES
signing
this
The City and the Partnership agree.
the Partnership will be
-11 beer at the Orange Bowl Stadium using temporary
than themanent;beer pumping distribution system.
ale of
agreement and July 1
authorized to
measures^ot er
permanent pumping
a
1 right
its:. concession agreement, at
right title
1980,
t
at. between. the. date of
The 25% of gross payable to the City based on the .temporary s
same time
beer through July 1, 1980,.will be due to the City at the
as the guaranteed concession payment due in August of 1980.
4. CONDITION OF STADIUM
' In recognition of the mutual benefits to'bederVed froni
improving the physical condition of the Orange BoWi Stadium concession
I
facilities, other than those to be used for beer sales, the City
agrees to make improvements to those concession facilities at a cost i
of not less than $500,000.00, and documentation of that expenditure
will be available for reasonable verification by the .Partnership.
5. TIMELY PERFORMANCE BY PARTNERSHIP
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 agreedmakei
by the City arid the Partnership.
that should the Partnership fail to that nstallat3.on y July 1,
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 PERFORMANCE BY CITY
In order to insure timely Performance by the City of its
obligation to make concession facilities improvernents 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 3.3nprovements of not -3.ess
than $500,000 in cost.
7. ORIGINAL AGREEMENT ' •
The Lease and Agreement entered into on the 4th day of
August, 1967, between the parties, and Airtendraents No. 1 and No. 2
thereto shall remain in full force and effect and shall not be
deemed to be repealed, amended, or modified in any way except as
hereinabove specifically provided.
IN WITNESS WHEREOF, the parties hereto have_.caused this_
Amendment No.3 to the Lease and agreement of
be executed in their names by their.
the corporate seals to be affixed t
year first above written.
ATTEST:
City
WITNESSES:`
duly authorized officers,
hereto; all as of the day
19.67., to
and
and
THE CITY OF ,MIAMI, a. municipal
corporation of the State; of Florida
City Manager
MIAMI DOLPHINS, LTD., a Florida
limited partnership
.Joseph Robbie
Managing General Partner
As to Miami Dolphins, Ltd.
APPROVED
AS TO FORM AND CORRECTNESS:`
George F. Knox, J:
City Attorney