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HomeMy WebLinkAboutR-79-0624Mot. 79-611 RFC/bbb 9/13/79 RESOLUTION NO. 7g` 64 A RESOLUTION AIJTHORIZING THE MIAMI DOLPHINS TO BEGIN TO SELL BEER IN THE ORANGE BOWL STADIUM IMMEDIATELY AT NO COST TO THE CITY, WITH A RETURN TO THE CITY OF TWENTY-FIVE (25%) PERCENT OF GROSS BEER SALES REVENUE, LESS TAXES, FOR A PERIOD TO END NO LATER THAN JULY 1, 1980; FURTHER PROVIDING THAT NO BEER BE DISPENSED TO THE PUBLIC EXCEPT IN SOFT CONTAINERS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AGREEMENTS WITH THE MIAMI DOLPHINS, LTD., PURSUANT TO THE TERMS AND CONDITIONS CONTAINED IN THE REPORT PRESENTED TO THIS COMMISSION BY THE COMMITTEE HEADED BY COL. MITCHELL WOLFSON ON NOVEMBER 9, 1978, AND THE FOLLOWING PROVISIONS: (a) THAT THE ABOVE PERCENTAGE WILL INCREASE TO THIRTY-FIVE (35%) PERCENT ON JULY 1, 1980, OR AS SOON AS AUTOMATIC BEER DISPENSING IS OPERATIONAL, WHICH- EVER IS EARLIER, (b) THAT THE THREE YEAR ESCAPE PROVISION CONTAINED IN THE PRESENT USE AGREEMENT BE EXTENDED TO FOUR YEARS, (c) THAT IF THIS ESCAPE PROVISION IS EXERCISED BY THE MIAMI DOLPHINS, WHETHER OR NOT THE CONCESSION AGREEMENT WILL ALSO BE CANCELLED,WILL BE AT THE SOLE OPTION OF THE CITY, (d) THAT A SECOND SCOREBOARD BE PART OF THE SCOREBOARD AGREEMENT; FURTHER PROVIDING THAT ALL LEGAL DISPUTES EXISTING AT THIS TIME BETWEEN THE DOLPHINS AND THE CITY WILL BE DISMISSED; AND FURTHER PROVIDING THAT THE COST OF THE INSTALLATION OF THE AUTOMATIC BEER DISPENSING SYSTEM WILL REMAIN OPEN FOR CONTINUING NEGOTI- ATIONS AS TO ANY COSTS TO BE INCURRED BY THE CITY. NOW, THEREFORE BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The Miami Dolphins, Ltd., a Flordia"limited"` 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 (25%) percent sales revenues, less taxes, for "a period to"end no of gross beer later ;,than to the July 1, 1980, upon the condition that no beer b the public except in soft containers. dispensed Section 2. The City Manager is hereby authorized to attached agreements with 'execute the Miami Dolphins, ''Ltd. , pursuant to '> the terms and conditions contained in the report presented to'this, Commission by the committee headed by Col. Mitchell Wolfson on November 9, 1978, and in accordance with the following conditions: "DOCUMENT IIJDEX ITEM NO. (a) The twenty-five (25%) percent return authorized. in Section 1 hereof shall increase to thirty-five n July 1, 19$0, Or as soon as automatic beer dispensing in the Stadium is operational, whichever is earlier; (b) The present stadium use termination notice con- the present use agreement 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 part (d) The construction of a second f"the Scoreboard the Dolphins the City; scoreboard shall be Agreement scheduled to bp executed between and the City. Section 3. . The authorizations contained inthis .Resolution are hereby expressly conditioned: upon the' dismissal with ;prejudice of all/ and all legal actions that are presently pending between the said Dolphins and the City. Section 14 The subject matter ,of the the automatic beer dispensing system which may Stadium will Dolphins installation costs o be installed in the remain open for continuing negotiations and the City concerning the extent of the between the said costs,. if any,'. which are to be incurred by the City, for which the City, assumes no responsibility whatsoever. Section 5. The City Manager at this time,: is hereby .authorized to execute the attached Agreements in accordance with the foregoing .conditions . PASSED AND ADOPTED this l3th day of September AT RA ' H PREP, G. 0 IE, CITY CLERK— ED AND APPROVED BY: ;r- 4r0/Arc_ ROBERT F. CLARK ASSISTANT CITY ATTORNEY APPROVED AS 4RGE F. TNESS: ee JR., CITY A Maurice A. Ferre MAURICE;:A FERRE MAY 0 R. 979. -2- RESOLUTION NO.. A RESOLUTION AUTHORIZING THE CITY MANAGER . TO EXECUTE THE ATTACHED AGREEMENT BETWEEN THE CITY OF MIAMI AND MIAMI DOLPHINS, LTD. FOR THE INSTALLATION OF THE ORANGE BOWL STADIUM NEW SCOREBOARD SYSTEM, IN ACCORDANCE WITH THE TERMS AND CONDITIONS AS CONTAINED \ THEREIN. BE IT RESO VED BY THE COMMISSION OF THE CITY OF MIAMI, .• FLORIDA: Section 1, .;14 City Manager is hereby authorized,:rc' ‘ execute the attached t4greement between the City of Miami, and Miami Dolphins, Ltd. for the inete13-aic of the Orange Bowl Stadium New Scorebo rd System, in accordance with the, terms and conditions as coi\ained therein. PASSED AND ADOPTED thi 's\ day of .,-, 1979. ,,, •,- ATTEST: • .. RALPH P. .0NGIt, CITY CLERIC PREPARED AND APPROVED BY: e'01.1,0( 3. 0M4.4: ROBERT F. CLARK ASSISTANT CITY ATTORNEY GEOR CIT ED AS TO FORM AND CORRECTNESS: F. KNOX, TTORNEY 01.010-4, Ai • day of ORANGE BOWL SCOREBOARD AGREEMENT THIS AGREEMENT, made and entered into this 197;_, between the ; City of Miami , a organized and existing under'the.laws municipal corporation Of :the State of Florida '(the "CITY") - Ltd . ,•partnership (DOLPHINS Florida limited the Miami Dolphins, WHEREAS, the" City is " the .owner, of .the igiami'.Orange Bowl Stadium; (the "ORANGE BOWL") located at 1500 N.W..'3":Street, Miami Florida;;and WHEREAS, the DOLPHINS is the owner "of a;; National, Football League;;franchise which utilizes the ORANGE BOWL for Miami Dolphins professional football home games; and WHEREAS, the CITY and the DOLPHINS are mutually desirous renovating and upgrading .the present ORANGE BOWL scoreboard system;. and WHEREAS, the with -Stewart -Warner : Cor "operation Of a scoreboard""facility authorizedto do so by Re.solution'.No. CITY has been conducting negotiations poraton relative to installation and for the ORANGE BOWL, since 154i58, passed and adopted CityCommission on May 8, 1975; and Stewart -Warner Corporation has, at the request of the CITY administration,'now designed and offered for sale to the CITY a.''scaled-down scoreboard system, the cost 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 equally; share the cost of installation of the system and also to mutually and equally mutually and proposed scoreboard share the revenue realized from sale NOW, THEREFORE; the parties and of scoreboard advertising; hereto represent, covenant, TERM. That the term of this Agreement shall commence date first shown aboveas the. date on which it wad made d entered term whi a, an on the into, and it shall 'remain in full,, force and effect for "a ch shall coincide with the term of the Agreement of 8, 1977 between the CITY and the DOLPHINS, under which tile i NFL football BOWL. June DOLPHINS play their a games in the ORANGE The aforesaid Agreement is operative through and including the 1986 regular football season as defined therein. b the option to terminate, as:per the Agreement of June 8,'1977, is°exercised by the DOLPHINS,; then this Agreement • That if shall terminate` immediately coincident with the date of service of notice of cancellation, and the CITY shall subsequently reim- burse the, DOLPHINS for its unamortized scoreboard system, according: to a investment in schedule o the new equal annual payments to be made over the four year period commencing with the date o service of notice of cancellation.. 2.SYSTEM.PURCHASE a. The;:DOLPHINS shall makethe entire expenditure of se and install the scoreboard system (consisting funds >.necessary to purchase of two scoreboards; a primary one in the East end -zone, and a secondary one game -in -progress information and located on the fascia of the the. Westend-zone) but the CITY and the DOLPHINS will each be responsible to pay,one-half of the designing, manufacturing, and installing as hereinafter provided, described in a letter of July.12, containing upper deck in Mr. John`.G. cost of the scoreboard system, 1977, from Finlayson, Program Manager, Information Display Systems, ner:Corporation,to Mr. R. L. Jennings, Director, Department and Marinas, City of Miami; and referred to:in a subsequent Stewart -War of Stadiums letter of December ;22 , ' 1977, from Mr. W. Corporation to Mr. Charles L. Crumpton, of Miami, which offered tosell the O. Boss of Stewart -Warner Assistant City Manager, City previously described scoreboard system (consisting of two scoreboards), `install and operating (including training of operating personnel). -2- for b. That the contract with Stewart -Warner Corporation design, manufacture, and installation of an ORANGE BOWL scoreboard system, shall be submitted to both parties hereto for review and approval and, after approval, shall be executed by both parties hereto 'a purchasers c. That unless termlnated in accordance with paragraph lb. above, the DOLPHINS shall retain title to the scoreboard.. system and all of' its appurtenant and supporting parts until the. DOLPHINS have fully amortized their capital investment in such.' system. Upon complete amortization by theDOLPILINS of such capital• investment, title to the scoreboard system and all: of its.appurtenant and supporting parts shall be conveyed to the CITY. Provided, however, upon the expiration of this Agreement the entire score- board system and all of its appurtenant and supporting parts shall become the sole and exclusive property of the CITY and the DOLPHINS terest therein. shallno.longer haveanyin the °'DOLPHINS for, the CITY'S and `„installing the. -,scoreboard system,.together:with.t The proportion of the CITY shall reimburse cost purchasing he CITY' S proportion of any interest on the remaining balance.of any amount borrowed by system the DOLPHINS to purchase and lnstall the scoreboard through deductions ing' revenue from the scoreboard of this Agreemen from the CITY'S share of gross advertis- system as provided in paragraph 5 The.DOLPHINS shallprovide the CITY with evidence satisfactory- to the with each such deduction as Agreement. scoreboard CITY of the actual amount of interest paid, Provided in paragraph:5 of this SYSTEM OPERATIONS: That for the entire, period of• this. Agreement the. system •shall be exclusively -and uni-laterally operated 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 programs mutually developed by the parties hereto b. That thosepersonnel to`be trained in scoreboard. system operation and/or maintenance by Stewart -Warner Corporation shall be primarily. CITY personnel, but "that the T10LPHINS shall. have the right to also appoint a maximum of two (2) persons`to attend this training. c. That the CITY shall have the privilege of utilizing the message line portion of the scoreboard system, on a reasonable basis not to exceed 10% of total available advertising time for display of announcements pertaining to coming events at the ORANGE BOWL,.. or, of a public interest nature. Agreement Bowl Commi d. Th t by virtue of the following" quote from an of July 26, 1976, between the CITY and the ttee, the DOLPHINS are hereby advised of certain restric- ORANGE tions, presently legally binding on the CITY with regard to an ORANGE BOWL scoreboard system and its operations; "The Cityagrees that at "such time as the scoreboard is completed and ready for use that it will : be tin and complete operational control of the er the full. said City. The City agrees that it will -not, prior to the game, or during the game itself, visually exhibit" any message,:".' in such a way or distraction with the pregame show, the.ongoing football game or half-time pageant, and all such visual exhibitions will be in good taste and suitable for viewing by the general public.'-" icture,. sign, slogan, during the half-time, or broadcast audibly, or at a specific time SYSTEM.:ADVERTISING: That; the CITY hereby grants the DOLPHINS the exclusive right to sell and contract for the sale of advertising to be displayed on the scoreboard system, except that the CITY shall have the right caricature, advertising, etc., thatwi11 cause a conflict to approve or advertising copy, signs terms, rates or displays which approval reject any advertising -client •form and/or .any not •-.:be unreasonably 'Bald, :tipPtiOVal or' rejfiCtkon. shall will • . -•••• • • • -• • - -- • beAittiled:O0',:j4eadOnable:AdvertidingiitandardsHaS'to---.COntentatid ••• arnount In • . ••,. , .....• • , ••• thiO'''-is-egas.'09'it le agreecl b the DOLPi1TNS that the . .•. • . 1 oT.Ty•.has npeclal ob1igab1Ofl to 1Theri3•-•Of,''th0'0i!Ei1t.':,..13....6. um • " • ..• . • • • e • the: DOLPHINS:,tO the •-ad;Vert).oing,.d 1splayed at eventa of' theae 1%11. e)'•:" ¶Jeere not objectionable . content ert is- " on • tiie•.-i4COrebcia 1170 rne8ertfe ithe unt eball neyer.."7::,hov711 while a game ar per.CorMatiOe of Advertis ••,. • . unit may lng on "the'epOrel)oa ecsage .rea.eonable diligrcolnien ..hOur or one hour -the 'e°111111ell' hour and • 'conmiencem „._ •unttl only flfleen ,ninutee after the conclut3lOn of the even but may be ehown during intermie!310fl8, • ••.4•.•t62:Ii":,t/,7011,p01:Oday„71: aporta event, or before or after the event orany of ite it lea '6 otitinenCO:. ...,•••••••• „ „ , • to provide .•b The, •hereby agree.the coPiefil-.'„,Of:hO,,OOntraCt:forTS'.-ad:adVertising rate structure sheets • t.o be uuecl for riale..•••0 iSi),g'.••,on the • scoreboard, for. CITY • ." • .... • . , „.., .• . approval prior to their Also, upon complete execution by ••• • • .• , • - all artiOa-tothe-:adVertieing:-•Contracte , a copy shall be provided ' • - . • •••-.-• • ." •. • • • .•to -' the CITY• • '• ..„ ..„„ • 'O. 1)0LPI(INS to • ';the!:,:DOLPHINS shall no longer have'•any,,...1.iiterest. in'r•fti1O-.Said.••:adVertiaingH contracts or the • revenue :therefrom. .• CITY with d. The CITY hereby col.renarit8 that, during the period of this Agr.eenient, it will not i)erinit paid advertising anywhere on the ORANGE BOWL property other than the advertising of the _ firms or individuals with which the DOLPHINS have contracted to flf een ;<percent (1.5%) advertining sal"es commienion, of all oper.at;ione, matntenanoe, or other d>1.rect coma b and eystem, the CITY and the DOLPHHTNS all groan advertleing The CITY shall make psi.yinent "of the operatione other direot .coots ,e:neocial:ed with the- scoreboard iy with the purchase advertising on the scoreboard.eyetem; excepting that the concessionaire may, in the immediate area of its vending booths and oh its employees uniforms, identify and advertise the products being Hold:•. advertii3lnp, advertising sale, . That the DOLPHINS shall salescomm:teei.on of fifteen perce• nt (:15%).of grove revenue for handling the sale and contracting for f' scoreboardadvei tieing. 5. SY.S'f1�M IlF�VI Nl11.31 That, after; deduction by the DOLPHINS of their score o share equally , in these paid. costs deduc taan th,e, division of th DOLPHINS with aseoc i.ated shall; revenues. maintenance, or' stem and '`. shall be totally reimbursed to the CITY by gross advertielilk revenues prior .to' the equal e ;adverl,':lning revenues The CITY. shall provide - the • a complete anditemized i.nvoice Hof any scoreboard operationo, maintenance, or other direct' conts as noon as possible after they are incurred. The DOLPHINS shall deduct from the CITY'S share ofadverticing, revenue, unti.l completely paid, the CITY'S proportion of the coat o scoreboard system, interest the remai.nder of together with )n funds borrowed by "th be authorized to retain an purchasing and installing the the CITY'S proportion of any e DOLPHINS to finance, purchase, andinstall the scoreboard system. The partien agree that their general intentions as regards distrib realized from the installation and operation of the Orange Bowl scoreboard system. and deduction L.X1IIBIT .A .represents ution of costs and revenues 6 RECORDS AND AdCOUNTSh1 or ..auCh...'otheii-.place approved by the CTT, tr1e, accurate, ancl 0 in conriection with the Orange Bowi scoreboard system, and shall give access to those records and accounts to authorlzed representa- tives of the CITY, during reasonable businese hours, to examine and audit such records and accounts. That the s L COSTS and onable • agree to pay the cost of collectlon eas es on any part of amounts due to the torne DOLPHINSCITY by the y to u nn.collected by sult or by ame attorney are have been notlfled In wrltlng and have had the ' Correa.shown and proven DOLPHINS that the failure to pay the CITY mounts du a result of failure of a thlrd partyto meet its legalpay amounts due, then the CITY c,tleDOLFHINS shashare al]. cost of collection from the sald third party. 8. STADIUM I6t\i''::A.InaintDikaL3 toThe CITY agrees in the ORANGE BOWL and the • scoreboard during he t�rrn of this cf:professional and collegia: Agreement, in PhYsical-et6e1141:- w- become unfit for '.evvnts.,... tp.,..'-b.--Pla5red,.or staged therein'. during..:.. ..; -the.-itiartiee....hereto should the .BOWL ktind shall be ORANGE _ the term of' this Agreement because of an act of God orpublic. enemy. 9. INSURANCE: Appropriate insurance to protect the parties' mutual investment in the scoreboard may be acquired by either party, with the written agreement of the other party, and the cost of the said insurance shall be shared equally by the parties. Both parties shall be named as insured in any policies written, to the extent of their interest in the scoreboard, and copies of the insurance policies shall be provided to each party. and 10. DEFAULT: That the faithful. performance of' each of the terms conditions of' this Agreement are the conditions upon Which this Agreement is.'made and accepted, and in. the event. of any` failure uponthe,part`of either party'to comply with the .terms conditions of this Agreement, after 30days ' notice":` of default to the defaulting party, the nondefaulting party shall have the option to terminate this Agreement If the default is and not this cured. 11. DISCRIMINATION: such In connection with anyEwork 10 be performed under Agreement, the parties hereto agree not to discriminate against any person because of race, religion, sex, "'color ,"or national` origin. 12. BINDING ON SUCCESSORS This Agreement shall bind the DOLPHINS heirs assigns, administrators, legal representatives, or successors, as the case might be, of the DOLPHINS' or its successor governmental body. 13. NOTICE S: hereto shall and their executors and: CITY It is understood and agreed between the parties that written notice by registered mail, or delivered, to: Miami Dolphins, .Ltd. 330Biscayne Boulevard Miami, Florida` constitute sufficient notice to the DOLPHINS, and notice; by registered maid or delivered t City Manager Caty of Miami; City Dinner Key Miami, Florida shall constitute-sufficient•notice Hall written the CITY; to comply with the terms of this Agreement, except as either party may notify the other, party of a change of address by registered .maii. 1. ASSIGNABILITY: It is mutually agreed that this not be assigned in whole or in part by either of express written approval not be unreasonably withheld. 15. INDEMNIFICATION: The DOLPHINS agree to defend, indemni the other party', Agreement shall party :without : the whose approve and shall hold harmlessthe CITY against anyand all claims, suits, • actions for damages, or costs of actions arising during the period of time the DOLPHINS hold title damage to property, sustained, by reason' of or operation of the scoreboard except where negligent -in the maintenance and operation IN WITNESS WHEREOF, the parties',hereto have hereunto and' affixed their seals the day and year first': set their hands above written. ATTEST: City Cler WITNESSES: APPROVED George P. Knox, City Attorney a municipal State 'of Florida MIAMI.DOLPHINS, LTD.` himited partnership a Florida Joseph,Robbi,e Managing General Partner II. r EXHIBIT SAMPLE INANCIAL ANALYSIS or INSTALLATION Op' A' SCALED DOWN ORANGE BOWL SCOREBOARD SYSTEM SYSTEM‘COSTt A Cost to $179,935 Cost .to.Dolphine - $179.935 Total coat f `system ANNUAL SYSTEM REVENUE PROJECTION: Anticipated gt4oae annual. revenue from adverttainp; Lee© - 15% . fee - to Dolphins for sales commiaeion • Less - ept 1mal;ed' lnterent; on ipade `by Do.lpi�i.ne on Uehalf of City ,` advertising, investment;` D. AnticipatedRnnua1 net revenue from advertiaing Lees,- estimated operations and maintenanc coat Net revenue for distribution . Net annual revenue to City= et annual revenue to Dolphins It is understood and agreed that allcosta are estimates only, as of December, 1977. and $359,87>9` 16.0 .000• 000 $18;000 6,000 $112,000 $ 56,000 $ 56,000 revenues shown herein RFC/rr 7/10/79 RESOLUTION NO.r141111141.01. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AGREEMENT AMENDING THE ORIGINAL ORANGE BOWL STADIUM RENTAL AGREEMENT, DATED JUNE 8, 1977, BETWEEN THE CITY OF MIAMI AND MIAMI DOLPHINS, LTD. BY AMENDING PARAGRAPH 2(b) OF SAID AGREEMENT TO PROVIDE FOR A FOUR YEAR CANCELLATION NOTICE INSTEAD OF A THREE YEAR CANCELLATION, NOTICE PROVISION. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI FLORIDA: Orange Section 1 T-he;;;City Manager ,.t to execute the attached; Agreement amending Bowl Stadium Renet0. Agreement, dated between the City of Miami`%and Miami Dolphins, Ltd. by. 2(b) of said Agreement to :provide for; four year cancellation notikr instead of a :three --year ,amending aragraph. cancellation notice. PASSED AND ADOPTED this N. day o is hereby authorized the original June 8., 1977 ,; 1979.. M'A Y 0 ATTEST RALPH G. ONGIE, CITY CLERK PREPARED AND APPROVED BY: /61441 7fI ROBERT F. CLERK ASSISTANT CITY ATTORNEY ED AS TO FORM AND CORRECTNESS: GEO F. KNOX, JR. CIT ATTORNEY /40. 7czi ORANGE BOWL STADIUM RENTAL AGREEMENT AMENDMENT NO. 1 TFIIS AGREEMENT, made and entered. Of; a municipal. into this d y between THE "CITY. OF MIAMI corporation (hereinafter referred,to as the ""CITY" 1979, by and and MIAMI DOLPHINS, LTD., a Florida limited partnership (hereinafter referred to as "PARTNERSHIP" WI"T:'N"LSSE.TH WHEREAS, on June 8, 1977 the parties hereto entered into an ARreeinent for the rental of the Miami Orange Bowl Stadium by the CITY to the PARTNERSHIP for the playing of the Miami Dolphins' Professional 1986; and football home arnes through and including "the -Year 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 Paragraph`2(b)`of the"June 8.,. 1977 Agreement amended, to read as follows: shall be "(b) At anytime during the term of. this Agreement` that appropriate financing is approved for the construction of a major new stadium .facility within PARTNERSHIP'S Na.tiona.]. 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 such Stadium is completed and ready for Occupancy by PARTNERSHIP." IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed in their, names by the persons so authorized. ATTEST: CITY CLERK WITNESSES: CITY OF MIAMI, a"municipal corporation of the State"o1 By. Florida CITY MANAGER" MIAMI DOLPHINS. LTD..,a Limited Partnership By APPROVED AS TO FORM AND CORRECTNESS: Florida TITLE ORANGE BOWL CONCESSION LEASE AND AGREEMENT Amendment No. 2 THIS AGREEMENT, made and entered into this .day,. , 197.. , by and between TilE CITY_. OF' ��MIAMI, a municipal:corporation of the State. of Florida referred to as limited partner as the C the "CITY." ) ,, and ,MIAi iI DOLPHINS, ship (hereinafter. referred 'to as "PARTNERSHIP"). (hereinafter LTD , : a; Florida W I T N E S S E T H: WHEREAS, on August 4, 1967f certain ;parties,:'then:known ityof Miami and Restaurant and Waldorf Associates,'.• Inc. a Massachusetts Corporation entitled and: Wald entered into a lease;.agreement.', "Orange Bowl Concession Lease and`. Agreement";:.and:... WHEREAS, on May 1.5, 1968, the name of the Restaurant orfAssociates, Inc was changed.to the Restaurant. Associates Industries, Inc , and on July 15,.1968, said "Waldorf" Corporation merged with' Restaurant Associates''Industries, Inc:, aDelaware.=corporation; and. the of WHEREAS, Resolution No. Miami, City Commission on the ' existing ;: agreement 43270, passed and adopted b April 15, 1971, authorized extension between the'Cityof Miami Associates Industries, Inc. for an; additional: five year and Restaurant period, option to renew for a further three year period, and:. No. 1 to the original agreement<implemented the with: an Amendment as authorized; and WHEREAS` the Miami City Commission on July assignment of the said Orange Bowl as: Amended, to the Miami Dolphins Resolution, No. WHEREAS, on an Agreement for use of the. Miami Orange of Miami extension 73-623, passed and adopted by 26, 1973, consented to. the Concession Lease and Agreement, Ltd.; and `1977 the parties hereto- entered"into Bow],Stadium:by the Miami Dolphins professional football home Dolphins for playing games 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 malt beverages at the Miami Orange Bowl; NOW, THEREFORE,: in consideration of the premises a covenants hereinafter mutual contained to be observed and per formed, the parties hereto do hereby covenant and agree asfollows: 1. TERM Paragraph 1 on page Agreement dated August of the, aforesaid original 11, 1967,,as amended: by Amendment No. ded to read as follows: hereby further amen "The CITY hereby leases to the PARTNERSHIP PARTNE11SI1SP hereby leases from the CITY, the City of' Miami Orange Bowl. ""Stadium food, beverage, novelties, and tobacco concession for a periodendingat the conclusion of the regular football season of 1986." .. SALE OF, BEER AND/OR MALT BEVERAGES and the aragraphs:31 and 32 on page 6-of;the aforesaid original Agreement dated August 4, 1967, are hereby amended to read as follows any be "31. That no wines, liquors, or alcoholic beverages kind or nature, other than beer and/or malt beverages,. of shall sold; offered, given away on any portion' of the Orange. Bowl pa operty, "except as .niay be otherwise governed; .by CITY ordinance. Beer and/or malt beverages shall,'however,:be both sold at concession stand locations and vended but must only be served to the customer in a paper or light CITY hereby prohibits the sale of beer plastic cup. Further, and/or malt beverages in the grandstands, 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 based upon prudent police. referred to as Rock Concerts) historically requires protection extraordinary security measures (such as CITY may also events commonly prohibit the sale of beer and/or malt beverages at other Orange professional football or college or university football) when CITY deems it ,prudent to do so. This right of prohibition shall not be` unreasonably applied, and CITY shall notify PARTNERSHIP in writing at least one which this week in advance of the opening date of any event:At right of prohibition is to be exercised by 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 Gate 14. CITY. (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 Miami 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 maltbeverages; and the prior written approval for and such additions, improvement' alterations must be obtained from the City Manager before any such work is sale of diately undertaken. The parties agree that. the PARTNERSHIP shall commence, the. beer and/or malt beverages at the Orange Bowl Stadium.imme- upon exeuction of this Amendment. This immediate tion of beer and/or malt distribu- beverages shall be accomplished by serving the beer and/or malt beverages to the public in soft cups filled from cans.* The PARTNERSHIP shall be entirely responsible for the purchase of any equipment required to implement the initial distr.i bution process and may retain ownership of this equipment, _Shall establish :its price for the beer and/or malt beverage by comparison with industry standards of comparable stadiums, CITY twenty-five sales the privilege of Orange Bowl (25%) percentof gross d shall pay; the revenues'. received from said (after payment of State sales tax);. distribution of PARTNERSHIP shall have beer and/or malt beverages at the Stadium under'.the above `conditions until it either has installed a beer and/or mal beverage pumping system at theOrange- Bowl, or until July The parties this Agreement and J 1, 1980`, whichever is earlier. hereto shall, between the date of execution ,of my 1, 1980, conduct the extent of financial investment 'to be negotiations with regard to made by each.for the ins.talla- tion of a permanent pumping system for the distribution of the beer and/or malt beverages at the Orange f;these negotiations are successful, then the PARTNERSHIP shall pay the CITY thirty-five (35%) percent of gross revenues (after payment of State .sales tax) from sales of beer and/or malt beverages, commencing either when ;the permanent pumping distribution system becomes operational or July 1, 1980, whichever cessful,:then the-Agreem is earlier.If the negotiations are ent shall terminate on July 1, 1980. `. Upon execution of this Amendment, PARTNERSHIP shall promptly apply for ties any required licenses from appropriate governmental authori- and CITY shall cooperate :with PARTNERSHIP of these licenses. in the acquisition Nothing in. this paragraph shall be construed. or relieve circumvent PARTNERSHIP from the requirement of operating in to existing laws.' SHIP to conformity n32. That no bottles or cans shall be permitted:by_ reach the hands of Orange Bowl spectators. Beverages *or bottles PARTNER- contained in bottles light plastic cups Agreement or cans must be poured into papers cups or before serving to customers. 3. PAYMENT TO CITY FOR FOOD, NON-ALCOHOLIC BEVERAGES, NOVELTIES, AND TOBACCO SOLD. Paragraph 3 on page 1 of the aforesaid original dated August 4, 1967, as amended, is hereby amended to read as follows: "Up to and including June 30, 1980, the PARTNERSHIP -agrees to pay the CITY an annual minimum guarantee of, One Hundred Fifty Thousand ($150,000) Dollars, or thirty and five -tenths (30.5 percent of gross sales of Florida sales at retail value of all items sold (less tax), excluding the sale of beer and/or malt beverages, whichever, is greater. State Effective July ;1,'1980, through the termination of this °. Agreement the PARTNERSHIP agrees to pay :the CITY an guarantee of One -'Hundred annual minimum Fifty Thousand`($150,000) Dollars, thirty-one (31%) percent of gross items sold (less State of Florida of beer and/or malt beverages:, sales at retail value of all sales tax), excluding :the sale whichever i greater. The. minimum annual guarantee shall be paid to the CITY prior to.August: 1st of each thereafter. An accounting statement Of operations at the. be submitted°to the CITY (to the Director of the 15th day of' -each month, together., year Orange Bowl shall Finance) on or prior -to a payment of all monies due for the previous with month: 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 to the CITY on or. thereafter." gross sales prior to the 15th day of each succeeding month 4. CITY V.I.P. BOX. It is hereby agreed by PARTNERSHIP that the the lower level or "old"- press box structure designated by the CITY as a CITY V.I.P. box shall henceforth be~specifically area within -5- stadium excluded from Use by the PARTNERSHIP, and shall be reserved for: exclusive use by. CITY officials and their guests for viewing of Miami' Dolphins football games. tickets for the V.I.P. box in a PARTNERSHIP shall provide game maximum number of ten (10) per game, to be purchased by the CITY from PARTNERSHIP upon notice from the Orange Bowl Stadium Manager of the CITY'S.desire :to utilize the said box. The price to be paid to' the 'PARTNERSHIP for such ti;ckea"s shall be the same price which the PARTNSHIP shall charge for its.. 50-yard line chatY?back, the Orange Bowl Stadium, and payment shall' be made to the PARTNERSHIP at the time of purchase, Any and;all notices only by g all purchase shall be made on behalf 'of the Orange Bowl Stadium Manager. PENDING LITIGATION The PARTNERSHIP hereby agrees CITY that It will dismiss pending litigation or threats of litigation against that all present issues of disagreement between the CITY• 'and the PARTNERSHIP' shall be put aside. 6.TERMINATION The parties hereto to terminate contained in `PARTNERSHIP, then and this.herein Agreement may be' terminated at and"if' the "CITY exercises the option,; then the CITY 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 commencingwith,the date'"of service of notice of cancellation. 7. ORIGINAL AGREEMENT The Lease and Agreement entered. of August, 1967, between the parties, and Amendment shall remain in full force and effect and repealed, amended, or modified specifically provided. rC/rr /1O/79 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER' TO EXECUTE THE ATTACHED AGREEMENT BETWEEN THE CITY OF MIAMI AND MIAMI.:DOLPHINS, LTD. FOR IMPLEMENTING BEER -SALES IN THE,:MIAMI' ORANGE BOWL STADIUM UNDER THE TERMS AND 'CONDITIONS SET FORTH IN SAID AGREEMENT. BE IT`RESOLVD BY THE COMMISSION OF THE CITY OF MIAMI',: FLORIDA: Section 1. Th CityManager is hereby authorized to the attached Agreement between the City -of°Miami and Miami Dolphins, Ltd.. for implementing.; beer sales the Miami Orange Bowl stadium under the terms and 'conditions,a. execute set forth in said Agreement:;,. PASSED. AND ADOPTED this day of 1979.. ATTEST: RALPH-G. ONGIE, CITY CLERK PREPARED AND APPROVED BY: /eaZodJ &;014 ROBERT F. CLARK CITY ATTORNEY AP' It:D AS TO F M A 114 — A AtamrAtalh. I GEORG CITY .M ,A Y 0` CORRECTNESS: F. KNOX TTORNEY cJ-eit) kdg• of 'Till `ORANGE. BOWL CONCESSION LEASE AND AGREEMENT Amendment: No. 2 AGREEMENT, made and entered into this a 197_, by and between THE CITY OF MIAMI, a municipal corporation of the State of Florida referred to the and MIAMI DOLPIIIIIS, Florida limited partnership .(hereinafter referred.to as hereinafter as "PARTNERSHIP" WHEREAS, "CITY'), W I: T N E. S `S On August E i`N. as the City of Miami and Restaurant Corporation, entered' into a Massachusetts entitled "Orange 1-1, 1967-, certain Par'tie and Waldorf Associates; a lease agreetnent Bowl Concession WHEREAS,: on and Waldorf Associates, Associates Industries, Inc., and on 5, Corporation merged with Restaurant Associates Lease and Agreemeiit' May 15, 1968,the rnaine' o Inc.'was changed to the Restaurant `:a en known a Delaware, corporation; and WHEREAS, the .Miami City Commis of the existink a Associates. Industries, Inc. with an option to renew Or Amendment No. 1 to the . original agreement July 3270 P as t he authorized; and ass' WHEREAS, Re .oiution No. Miami City Co rni.ss.i.on on July.,26•, � nme�it of the said Orallu,e Bowl` Concession. Inc. the ,Restaui'an Waldorf" 968,, said." Industries, Inc.' assed"`and adopted by as Amended, the Miami Doi:p :ins':,; Lta. • and Resolution No. siOli' on April `15, 1971, authorized .extension xeement between the City of iria:ni Nand LTDf. Ile taurant for an additional five year period, urther three year period,`, and implemented the extension l3-623, passed and- adopted ;b 1973, consented to the Lease and Agreement, WHEREAS, on January 11, , 1978, the City Commission passed and adoPtod Orclinance No. 8735 (incorporated and attache3 thereto ,. by reference) aut-,1-korizing, the sale of beer arid/Or malt:beverages at the Mia.mi. Orange l3owl, thus neces.sitatin.got, e.ni rtain aendinents to the OraneB g' owl Concession Lease and il NOW, Tiit;•11iLFORE, in consideration of the pre,niises 'mutual covenants herei.nafter contained to be observed and performed, formed, the parties hereto do hereby coveliarit and agree as follows: 1 SALE 01 13FIFT1 AND/OH T rr.-VFRA(;1,3 'The parties hereto agree that paragraphs 33. and 32 on page 6 of the original Orange lowl Cot-icessioli Lease and AgreeMent . - of August 4 1967 shall be amended to read at-; follows: any kind or nature,:other than be sold, offered, or Siven away ordinance Bowl 31. That no wines, liquors, beer and/or malt beverages, shall on any portion of the ;Orange. governed by: CITY sold r alcoholic beverages property, exceptas-may'be otherwise Beer and/or malt beverages shall, however, be both. at concession stand locations and vended." in the 'grancstands,. only be served to the customer in a paper or light of MU but plastic cup. and/or malt Further, 'CITY hereby prohibitsthe beverages before ,, during, ,or after any. high school.' event, including but not limited to high; or after any musical,,event and also before, during sale, beer.., chool football. an f .the which historically requires' extraordinary security measurres,. based upon prudent police protection referred: soccer'; uch as events commonly as Rock Concerts). CITYmay also prohibit Lhe of beer and/or;mait. beverages professional football or college • CITY deems it prudent to not (10 5 be unreasonably applied, • in writing at least one any event at which this by CITY. week right Providedhoweve ;,r,'- at e. sale other Orange Bowl events;( or university football).. when •This right -of prohibition except shall; and CITY shall notify PARTNERSIIIP in advance'. of the opening date of prohibition is;to.be exercised (i) . Intoxicating beverages may be served or dispensed at reception: 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 Gate 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 gather- ings at which intoxicating beverages are served may take place on the day of each Miami Dolphins official NFL pre -season, season, or post -season football game from approximately two hours before official game time . (iii) Refreshments, including alcoholic beverages , may be served at the Orange Bowl reception or social rra.ther:i nr 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 beverage 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 beverages; and the prior written approval for such additions, alterations must be obtained work is undertaken. improvements , and from the City Manager before any,such The parties estimate the cost of the additions,.` improve ments, alterations, and equipment to implement the sale of beer at the Orange Bowl will be approximately $330,000,and approxi- mately $210,000.of that amount represents improvements or a.ltera- t Orange Bowl Stadium.. The CITY will tions specifically to he share the initial cost o up to a maximum of.$210 a maximum of $120 000. implementation proves t providing for tne sale beer by funding 000 and the" PARTNERSHIP will share up to 'rovided, however, •.f the final cost -o be less than y330,000, ':then an reduction PARTNERSHIP. of cost shall be shared proportionatelY by the CITY and the of all"paid involces for work done or purchases with implementation of beer sales shall Certified copies made in connection to the CITY. expenditure alteration, at the. Orange be provided re; $330000 The: PARTNERSHIP . shall actually make -the enti of funds for all required additions, iinprovement:s, and equipment ,necessary to implement the saleof beer CITY shall reimburse the Bowl, and the the CITY'S share of any PARTNERSHIP;` for of these costs, together with the CITY'S proportion interst on the remaining;, balance borrowed by the to purchase and PAIlTN1 R>fIP" install the beer sales equipment, over a seven Year period through deductions from the CITY'S percentage" of the gross received from beer PARTNERSHIP hereby agrees to pay thirty-two percent (32%)'of gross revenues (less taxes), from revenue: the CITY beer sales from July 1 i 1980. sales. the time of implementation of this `contract through; The PARTNERSHIP shall provide the CITY with evidence satisfactoryto the CITY of the actual amount of interestpaid, with each such deduction by the PAR'1'NERSIIIP. Credits shall be applied annually, Upon sUbmission of documentation by the PARTNERSHIP, to the annual guarantee payment on concession sales ($150,000, plus' tax, at present) which the PARTNERSHIP is required to pay to the CITY each year prior to August 1st. The PARTNERSHIP shall keep available in its off:tce, or such other place approved by the CITY, true, accurate, and complete records of all money spent and money borrowed in connection with implementation of beer sales at the, Orange Bowl Stadium, and shall give access .to those recoi7c.1s ' ano accounts to au tiler:I:zed 1.4epi.'esentatives of' the CITY, during reasonable business hours, to examine and audit such records and accounts. The PARTNERSHIP shall retain all right, title a7d inte,rest to a.11 equip- ment and fixtures purchased a.rtcl used in connecti.on with beer sales at the Orange Bowl ailci the CITY shall be conveyed all riRht, title and interest to all additions, improvements and alterations to. the Orange Bow3., (1.) upon the exp:I.rzition or termination of this Agreement, or (ii) upon conlr.13.ete amortization by the PARTNERSHIP of. the 'capital investment by the PARTNERSHIP in the additions, improvements, aitera- tions, . and eq11:1-Plnent necessary to1111Pleirient the sale 01. beer at the Orange Bowl. The parties recognize Exhibit A attached hereto, as a listing, which is current as of the date of this Agi'eement, of improvements, additions alterations, and equipment required to implement the sale of beer at the Orange Bowl, and aE3signinent of the responsibility for payment thereof between the CITY and the PAIVI'NERSIIIP. The parties hereto recognize Exhibit 13 attached hereto as a gross examplewhich they agree represents their intentions as regards the doll.ar flow. of amortization and costs relative to revenue from beer sales at the Orange Bowl. It is hereby understood by the part:1.es hereto that the CITY shall offer the Orange Bowl Stadium concession operations for public bidding when the present concessl.on contract expires on July 1, 1980. It is further understood by the parties hereto ,that -5- after bids are received by the CITY the PARTNERSHIP shall, as provided in paragraph 12 of their Agreement of June 8, 1977, option to rate of the highest have thirty (30) days this option the CITY shall subsequently reimburse the amortized investment in the improvements, equipment:' necessary to implement the sale schedule of payments to be agreed upon by reimbursement the CITY shall acquire all rights, be given first negotiate a new concession agreement with the CITY at the bid received by the CITY. PARTNERSHIP shall from: date of offer to_it by the CITY to exercise If PARTNERSHIP declines to exercise this option PARTNERSHIP for its un additions, alterations,:. of beer, according to a then: and the parties hereto. .Upon said title and interest to all equipment fixtures purchased by FAflTNERSiiI.i? to implement't sale of beer at the Orange Bowl. In the process of preparation of''bid proposal to offer the bidding when the CITY''shal bids of taxes) percent on food, (35%) Orange Bowl Stadium concessionoperations the present concession contract expires. l clearly state in those bid proposal documents less than thirty-one percent (31%) oft drinks, and novelties, and' less than thir gros accepted by the CITY.! $25,000 bid in the text revnues-(less taxes) on beer, will not b CITY shall also, require bidders documents for public` on July 1 980 that. of -gross revenues (1.es y-five provide a bond at the time of their bid submission, and advise that the current holder of the concession agreement has the first right to assumption highest bid submitted. promptl mental the of the new contract oy matching the them Upon execution of - this Amendment-, PARTNERSHIP shall y apply for any required licenses from appropriate govern-` authorities, and. CITY shall cooperate with PARTNERSHIP in;-; acquisition of these licenses. Nothing in this paragraph shall be construed to cir- cumvent;, or relieve PARTNERSHIP from the requirement ofoperating in conformity to existing laws. 32. That no bottles or cans shall be permitted to reach the hands of'Orange "Bowl spectators. PARTNERSHIP contained in bottlesor cans light plastic cups before Beverages; must be poured into paper cups 0 serving to 'customers uui.I. terminate by the coincident the CITY The as per partien hereto fur Lher: arree that i the Agreement; of June' E, 1977 PARTNERSHIP then this Agreement shall with the date of Service of noti.cc or cancellation shall ubsequent].y reimburse the PARTNERSHIP ERSIIIP for 1t.. the option to is exercised amortized investment in and equipment necessary Bowl -`Stadium, according; by the parties hereto. the improvement terminate immediately ,and un a dditi:ons, alterations, to Implement the sale eerat the to a Schedule of payments to =3. oncutiTL, AGREEMENT The Lease and Agreement 'enter?eci AuhusL_, 1967.,"between the parties, and shall remain in full force and effect'and.. into :on Amendment hall Oran ge agreed upon ;he 1lth day. of: No. not; repealed, anmended, or modified In any way except as. specifically provided. IN WITNESS Wiil;iii:;OP, Amendment No.. 2 to Agreement duly authorized officers, thereto, all as of the the Parties hereto thereto, �e deemed to b lere1nabove have caused this to be executed in their names by their and the corporate seals to: be affixed day and year first above written • :item 2. K-wziy iti rw; � r� "STING G:' i... itGVu••%N.S, �1"u.�,�2i►a iQN5, ADDITIONS AND BQUIV ZNT £ QU1AZD TO iM'OLEMZNT 1iWOR SA .XS. AT Tiiu ORi1NG: BOWL, AND 1\SSIG`Mi.`a OF ABS:'ONSIBIL i, l� Uil. l'Aa vlLN TII% AZOV BvT1'1E NTI;F. CITY AND ".iii! DOLnING • i ti!ie 1 LeM J . 6011.aei► Lcd '' 7!a id 13y aro 'to be con.,, ti:l.il:ii pctmatle3:'L' stadiv.m while items li�Lcd uu ��i�aill 3`j Do1-)il . G" are non - •Ilerma"'eat i ixtUi:es.. Qu"ci 'Lit re.rrigora'LOr:a 12 V 47 000 city pu a;; Inc syst.::a 3. ;lcc;:lica�. s 4. Concrete peek slabs 5. Fast -fill equipment 6. Cop ; cops 7. iie..lt scalers G. Iio2rirera•tor ':iho1Ving 9. Beer rucks for 1-.aw a s: 10. Tao:Les i►. io- hawker ,rooms ►ZcpEkir existing ,Y:eZrIg :aui:0;s 12. p1Uibi»5 13. l'. • Convert rest -Duck rooms Nov serving counters 15. Snieles .in. rest-oac;c . rooms eer4 and desk 16. Store 17. lU . 19. igns. and ii,CiiL' ...D.Oa 4S.''. Casa drawers um 'hum rails 21. Carts 22. res:.-:J.cks 1..oc.c:s and security 2J. Crescor warmers 24. IbC.C.d •�� VIZsG •i:•GG •1` 1G,125 10 000 9.,622: Cit: 11,270 200 14,", G00'. Dolphins - Do1p/i..*£6 000 Ci.ty 2,6u0' 2,41-0 365 Ci.Ly.: DolphinS Dolphins 4,000 Cit,► 1,;.u00 City, 7,6G0 City 1,;600 City 2,500.' aol i:..ns 000 Do:;�hi�•s O,20 uo h..��000 1500 3_G00 • l;Jiiia E, DO1P41)i5 101�%1:1.•�. V Q, `u0i�illiiG :.. f u 1 o: 2 ia:i.i'i %t (Cc .tii►ul.i It crAl lareip 26. ':'c:1e�?11oiles 27 . �'�%►yici%-'L'.►l::1i36 28. CoiA aola:/tel: 8 1,250 Dolph ill C; 12 i i 200 DO1p iris Sa es.:ax 11,538 Co:-.Li::r ::cf 104 213, 1G0 Grant Total - G323,790 0 ipl1:l5 olph DOi.1?Alif£s 11.4(.; ) 2 U I. Cost CITY A. C DOLPHINS B. D TOTAL II. Annual DollFlow A. Until EXHIBIT I3 '-EXAMPLE Or PARTIES INTENTIONS REGARDING DOLLAR FLOW OF AMORTIZATION -AND COSTS RELATIVE TO REVENUE; PROM 13LER SALES AT TiIE ORANGE BOWL. of Improvement:, Alterations, and Equipment 210,000, $$�120,000 - $330,000 of Amortization and Costs from beer sales: July 1, :3.980 • Gross revenue from sale of 800,000 fourteen ounce, cups of beer at $l'.00 :percup • Less - 1/7 of (ity : inveL3tment ▪ Less 1/7 of Dolphins investment. Revenue after investment recover; ▪ Less - 32% due to City under new agreement (reduction for interest requirement not included) Less cost of beer for 800,000 cups Less - cost of sales o: 800,000 cups ati 15%.of gross revenue Less - cost of corporate overhead $800,000 30,000 17,1.43 $752`,.857 $240,914 201,168 6% of gross revenue` - $ Net to concessionaire: $142 From July 1, 1980:` through July 1, 1987. 1, 2 and 3 (above) remain the same 4. Less - 35% due to City under new agreement (reduction for interest requirement not` included)' - $263 5, 6 and 7 (above) remain :.the same: 'Net to concessionaire 0,000 48.:000 775 $752, 857 500 $369168 $120,189