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HomeMy WebLinkAboutR-43175RESOLUTION NO. 43175 A RESOLUTION REPEALING RESOLUTIONS NO. 42370 AND NO. 43113, SUBJECT TO JOSEPH ROBBIE AND SOUTH FLORIDA SPORTS CORP., AS GENERAL PARTNERS OF AND IN BEHALF OF MIAMI DOLPHINS LTD., ENTERING INTO AN AGREEMENT AND FURNISHING AN APPROPRI- ATE INDEMNIFICATION BOND HOLDING THE CITY OF MIAMI HARMLESS FROM ANY COST, EXPENSE OR LIABILITY WHATSOEVER FROM ANY SUIT BROUGHT BY RESTAURANT ASSOCIATES INDUSTRIES, INC. AS A RESULT OF SAID ACTION. WHEREAS, the Commission of the City of Miami adopted Resolution No. 42370 authorizing an extension of the present lease agreement for concession rights at the Miami Orange Bowl Stadium from the date of its expiration for an additional five year period with an option to re- new for an additional three years; and WHEREAS, Joseph Robbie and South Florida Sports Corp., as ,;eneral Partners of and in behalf of Miami Dolphins Ltd., have filed a suit in Circuit Court attempt- ing to enjoin the City of Miami from entering into the agreement with Restaurant Associates Industries, Inc. as authorized by the above resolution; and WHEREAS, the Commission adopted Resolution No. 43113 authorizing the City Manager and City Clerk to delay until January 25, 1972, the date of the hearing for the injunction by the plaintiffs in the cause, the signing of Amendment No. 1 to the lease agreement which "DOCUMENT INDEX ITEM em?-3 ” \--CITY COMMISSION \ MEETING OF JAN 2019�72��] RESOLIMON NO...:. (..s-L2J.. extension with option or ized a f iv a Year a ustx ies ► Inc . ; and would have authorized Associates Industries, nd above referred to to renew by Restaurant ain fs in the abo to the City of the plaintiffs l f f exed t ER ►he attorney, have pro harmless from any their ams- cause► by th save the City of Miami of Miami repeals that they damwillage s the event the City loss or damage in '© and 43113; COMMISSION Resolutions N°' 423 IT j SOLVED BY THE Reg NOV, THEREFORE► 9E FLORIDA; authorizing MIAMI. 42310. OF THE CITY OF at Resolution O. with Restaur- ant l• That a agreement sects the present leas Resolution N°' 43113, the extension °f Industries, Inc.. and R as authorized in ant Associates Indu n of the agreement hereby► repealed, the signing are Resolution tiauthorizing be, and the same 4237 0. Resolution N° following condit�`Ong. south Florida Sports subject to the Joseph Robbie and in behalf of 1, That al partners of and written agreement Genet a Corp-' as ins Ltd., enter into s from any liability Miami Do1Ph of Miami harmless n of the Whatsoev the City cancellation t for con- cession occasioned by the agreement teem extension i of the present lease a Bowl stadium extension s at the Miami- Orange rights cession r19 be provide herein' id agreement shall as Pro t accompanying said a reliable suxaty an a 2. That ation'bond issued by relit to protect d is nc ipal amount su f f y company indemnificationanye in n a Pre the interest of the City of Miami as provided in the agreement referred to above, and such agreement and bond must be approved by the City Attorney of the City of Miami. 3. The duration of the agreement shall be for a period of time sufficient to protect the City of Miami under the statute of limitation regarding any claim or claims that Restaurant Associates Industries, Inc. may have against the City of Miami as a result of the repeal of the aforementioned resolutions. 4. In the event the City of Miami submits the Orange Bowl concession lease to bid proposals for a term commencing at the expiration of the cur- rent lease with Restaurant Associates Industries, Inc. and awards the bid to the bidder of the Com- mission's choice,such action shall not relieve Joseph Robbie and South Florida Sports Corp., as General Partners of and in behalf of Miami Dolphins Ltd., from the hold harmless provisions of the agreement, and the agreement must be unequivocal to indemnify and save harmless the City of Miami. 5. The agreement as authorized herein shall be presented in writing within ten days from the date of this Commission meeting. Section 2. That for the reasons hereinabove set forth, the City Manager be, and he is hereby, instructed not to sign the concession extension agree- ment with Restaurant Associates Industries, Inc., and to reconsider the question of submitting the Orange Bowl concession lease to public bid proposals at the next subsequent City Commission meeting. PASSED AND ADOPTED this 20th day of January, 1972.