HomeMy WebLinkAboutItem #27 - Discussion ItemCITY OP MIAMI. FLORIDA
IN?ER•OFFICE MEMORANDUM
Honorable Members of
The City Commission
M. L. Reese
City Manager
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Dinner Key Auditorium
Lease
REFERENCEss Attached Bibliography
Items 1 through4/0
LOIUREst
On December 1, 1962, the City entered into a five year Lease
Agreement with Mr. Gorge J. MacLean for Dinner Key Auditorium.
Various extensions and amendments to the original Agreement have
resulted in the current Lease which will expire November 30, 1973.
From time to time the City Administration has brought to the
Commission's attention, various problems surrounding the control
of the Dinner Key Auditorium Lease.
),/
Repeatedly, the Lessee has failed to observe major provisions of
4vj the Lease Agreement, resulting in substantial and consistent emphasis
being placed upon the Dinner Key Auditorium Lease operation by the
City Administration.
The City Administration again finds it necessary to bring the Dinner
Key Auditorium Lease to the attention of the City Commission.
Consistently, the City has experienced difficulty in administering
this Lease. No single City lease agreement compares in control
complexity, in that the Lessee fails to operate within the provisions
of the Lease Agreement. Mr. MacLean's actions have made it
extremely difficult, if not impossible, to administer the Lease
Agreement.
THE LEASE AGREEMENT NOW IN EFFECT LUCIDLY STIPULATES
THE MANNER IN WHICH THE FINANCIAL AFFAIRS OF DINNER KEY
AUDITORIUM ARE TO BE CONDUCTED.
Specifically, Mr. MacLean is required to submit
a monthly statement of all income earned in con-
junction with the operation of Dinner Key
Auditorium. Mr. MacLean has consistently
ignored this provision of the Lease.
The Agreement requires Mr. MacLean to
pay 10% of his gross revenue from auditorium
jr INDEX
ITEM f'\Q. o2`A
Page 1 of 4
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Honorable Members of
The City Commission
rental and to assume the cost of all utilities
consummed by the auditorium. The provisions
of Mr. MacLean's Agreement with the City
are quite clear with reference to payments of
monies due the City. Mr. MacLean has ignored
this provision and has failed to make prompt
payment, resulting in continued outstanding
monthly balances, averaging in excess of
$7, 000. Through Mr. MacLean's action, he
has voided the principal of providing the City
with a $5, 000 cash performance bond.
THE LEASE AGREEMENT CLEARLY, PLACES THE BURDEN ON
MR. MAC LEAN TO ABIDE BY ALL SANITARY LAWS, FURNISH
CUSTODIAL SERVICES AND TO COMPLY WITH ALL APPLICABLE
RULES AND REGULATIONS OF THE DEPARTMENT OF POLICE,
FIRE AND BUILDING.
Mr. MacLean, upon entering into the Lease Agreement,
accepted the responsibility for keeping the Dinner Key
Auditorium in a clean, sanitary, and safe condition.
However, under Mr. MacLean's management, it
appears the internal appearance and operation of the
Dinner Key Auditorium has deteriorated so rapidly
during the past nine years that prominent civic
organizations are reluctant to continue holding events
in the auditorium. The lack of housekeeping and
routine custodial care appear to have changed the
character of Dinner Key Auditorium.
It is clearly the responsibility of Mr. MacLean to
provide adequate custodial care.
UNDER THE PROVISIONS OF THE LEASE, THE LESSEE IS RESPON-
SIBLE FOR THE DAILY APPEARANCE OF THE PARKING LOT
ADJACENT TO THE AUDITORIUM. IT IS HIS RESPONSIBILITY TO
SEE THAT THIS PARKING AREA IS KEPT CLEAN AND NEAT AT
ALL TIMES.
Documentation is included in the reference portion
of this report citing the numerous occasions the
City Administration has advised Mr. MacLean of
Page 2 of 4
Honorable Members of
The City Commission
his responsibility of keeping the parking lot area
clean. On one particular occasion, the 1966
Horse Show, Mr. MacLean allowed some ten
days to pass before policing the garbage in the
Dinner Key Auditorium parking lot; this was not
until after the City Administration exercised con-
tinued and special efforts to force Mr. MacLean
to remove the garbage.
UNDER THE PROVISIONS OF THE LEASE, MR. MAC LEAN
IS SPECIFICALLY PROHIBITED FROM UTILIZING THE PARKING
AREA FOR ANY OTHER PURPOSES THAN PARKING WITHOUT THE
PERMISSION OF THE CITY MANAGER.
The City Administration has had to exercise
extraordinary efforts to force Mr. MacLean
to stop utilizing the parking area for other
than what it is intended. This is best
evidenced by the fact that on September 7,
1971, an entire building was moved onto the
Dinner Key Auditorium parking lot for
storage. Despite letters advising Mr. MacLean
that permission has never been granted for
him to store the building on the auditorium
parking lot and requesting that he remove it
immediately, the building still remains in
its original location, in violation of the
Lease Agreement.
THE LEASE AGREEMENT NOW IN EFFECT, STIPULATES THAT
THERE SHALL BE NO LIVING QUARTERS, NOR SHALL ANYONE
BE PERMITTED TO LIVE ON THE PREMISES.
Included with this report, are documented photographs
showing that individuals were, in fact, living on
the premises. It was not until strong admini-
strative techniques were exercised, that Mr.
MacLean ceased the practices of allowing
individuals to use the Dinner Key Auditorium
as a domicile.
Page 3 of 4
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Honorable Members of
The City Commission
RECOMMENDATION
The City Administration has frequently advised Mr. MacLean of
Ms responsibilities under the provisions of the Lease Agreement,
including building maintenance and cleanliness, rentals due the
City and utility payments due the City. It can only be concluded,
based upon Mr. MacLean's accumulated performance and the
continued difficulty the City has encountered in administering the
Lease Agre ernent, that the Dinner Key Auditorium Lease is
unmanageable.
Clearly, Mr. MacLean is not entitled to conduct functions at the
Dinner Key Auditorium while consistently failing to observe the
provisions of the Lease Agreement that require him to maintain
accurate records, maintain the building in a clean and respectable
condition, pay all rents due the City within seven days of holding
an event, and to pay all utility bills when due. The Lease Agree-
ment between the City of Miami and Mr. MacLean should be
terminated; the control of the auditorium, its rental arrangements,
and selection of concessionaires be returned to the City immediately.
The nine year history of the Agreement demonstrates that it is
not compatible with normal City practices. The City cannot
allow this undesirable situation to continue and, therefore, it is
incumbent upon the Administration to recommend to the City
Commission termination of the Lease.
Page 4 of 4
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DINNER KEY AUDITORIUM
LEASE HISTORY
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INTRODUCTION
The Dinner Key Auditorium came into being after the City
moved into Dinner Kny in 1947. It has been utilized as a convention
hall and exhibition hall since 1950. In addition to the initial unifying
of the two hangers, a restaurant and storage room have been built
on the sides of the building. The auditorium is used mainly for
exhibition type events where much room on one level is desired.
Under the management of the City of Miami, organizations
such as the Home Builders Association, Miami Police Benevolence
Association, Miami Firemen Benevolence Association, Miami Herald,
University of Miami, Miami Boat Show, Florida Horse Show Associ-
ation, Jehovah's Witnesses, Dade County Board of Public Instruction
and the Miami Board of Realtors consistently utilized the Auditorium
to conduct their events. However, since Mr. George J. MacLean
assumed management of the Dinner Key Auditorium, it is apparent
that there has been a decline in the utilization of Dinner Key Auditorium
by these groups. The Auditorium now routinely houses a flea market
(regular Sunday event), circuses and boxing events.
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The past and present Lease Agreement2' 3 afford the City
of Miami "the right to use the demised premises for a minimum
of fifty-five days per year." In utilizing the fifty-five days available,
the City has scheduled such regular events as the Boat Show, the
Home Show, Science Fair and the Miami Board of Realtors Show,
plus other miscellaneous events authorized by the Commission.
Several of the regular events scheduled into Dinner Key
Auditorium have sought exhibition facilities elsewhere in Dade County.
For instance, the Travel and Sports Show, in 1968, made the decision
to move to the Miami Beach Convention Hall. The Miami Herald, on
March 6, 1968, quoted Larry Perl, promoter of the Miami International
Sport, Vacation, and Travel Show, as saying "Too many complaints
from exhibitors and patrons about poor conditions at Dinner Key, "
besides, it's drafty, dirty and you can't make the place look good."
It is this public dissatisfaction with the management of Dinner Key
Auditorium that has forced long time users of the Dinner Key facilities
to seek accomodations elsewhere, and to divert prospective clientele
from presenting shows of which the City can be proud.
2October 17, 1962 - Resolution 34005 - Accepting the bid of
George J. MacLean.
3December 1, 1962 - Lease Agreement for Dinner Key Auditorium,
including Concession Stand, Restaurant and Bar between George J.
MacLean and the City of Miami.
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PART I
FINANCIAL
By resolution,on October 17, 1962, the City Commission
accepted the bid of George J. MacLean for the Lease of Dinner Key
Auditorium. Final terms were reached and the subsequent Lease
Agreement was entered into on December 1, 1962. 3 Under the pro-
visions of the original Lease Agreement, Mr. MacLean agreed as
follows:
(1) Pay the City 10% of gross or $5, 000/annum
whichever is greater.
(2) To submit a monthly statement to the City of Miami
accounting for all rental and sales items covered
under the Lease Agreement. 1
(3) To provide the City a performance bond in the
amount of $15, 000. 1
2October 17, 1962 Resolution 34005 Accepting the bid of
George J. MacLean.
3December 1, 1962 - Lease Agreement for Dinner Key
Auditorium including Concession Stand, Restaurant and Bar, between
George J. MacLean and the City of Miami.
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10. NON .•111111..11•111
(4) To pay for all utilities. 2
The City's internal auditor conducted a year end audit for the
first year ending November 30, 1963, and his analysis contained the
following information:
Lease Covenant 1 requires the Lessee to submit
a statement of all rentals, sales and any other
income pertaining to this Agreement, and to pay
all monies due on or before the first day of each
month.
The payment for January, April, May, June, July, August,
September, and October, 1963 were not submitted on time15 The
report of earnings and payment for November, 1963, was due on or
before January 1, 1964. Mr. MacLean failed to report income of
$56. 74 representing commission on public telephones in March, 1963.15
Mr. MacLean further failed to identify income of $175 representing
forfeited rent deposit of the Committee to Preserve the American
Way of Life, in October, 1963.15 Additionally, the records of the
2October 17, 1962 - Resolution #34005 - Accepting the bid
of George J. MacLean.
15December 30, 1963 - Audit of Dinner Key Auditorium Lease
for year ending November 30, 1963.
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Lessee failed to identify income of $488.00 from a Christmas
Party for City Employees in December, 1962.15
Covenant 2 of the original Lease Agreement requires
the Lessee to provide a performance bond in the amount of $15, 000.3
As of December 26, 1963, Mr. MacLean had not complied with
this provision of the Lease Agreement. 15
Covenants 6 and 7 specify minimum hours of restaurant
operation. 2 The records of the Lessee indicate that the restau-
rant was not open during the month of October, 1963; also,
inquiries produced information that the restaurant was closed on
several occasions of consecutive days duration.l5
Covenant 17 requires the Lessee to make all records
available to the City of Miami's internal auditor. Records were
made available to the City internal auditor, however, the records
were incomplete, contradictory and not subject to verification. 15
The following examples were drawn from the City of Miami's
internal audit report of the Dinner Key Auditorium Lease Agree-
ment for the year ending November 30, 1963:
3
December 1, 1962 - Lease Agreement for Dinner Key
Auditorium including Concession Stand, Restaurant and Bar, between
George J. MacLean and the City of Miami.
15 December 30, 1963 - Audit of Dinner Key Auditorium Lease
for yea. ending November 30, 1963.
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(1) No sales reported for the January Auto Show.
(2) Restaurant and lounge sales reported to the
City do not agree with the sales tax returns
for four months.
(3) Concession sales reported to the City do not
agree with the sales tax returns for two
months.
(4) Restaurant and bar sales checks and/or cash
register tapes were available for verification
for only twenty six days of the entire year.
(5) Concession sales and/or cash register tapes
were available for verification for the months
September, October, and November only.
As of December 30, 1963, the time of the
first year end audit of the Dinner Key Audi-
torium operation, Mr. MacLean was in
arrears to the City of Miami an amount of $5, 835. 38
($1, 009.71 auditorium rental and $4, 825. 71 for
utilities). 15
"December 30, 1963 - Audit of Dinner Key Auditorium Lease
for year ending November 30, 1963.
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A
At the end of each subsequent year's operation at the
Dinner Key Auditorium, Mr. MacLean's records were audited
15,16,17,18,19,20,21,22
by the City's internal auditor. It was the
finding of the internal auditor in each of the years that the opera-
tion was served that Mr. MacLean was consistently in violation
with covenants of the Lease Agreement, consistently, Mr. MacLean
has been financially in arrears with payments to the City. Exhibit
2-1 is an itemized statement of monthly transactions recorded
15December 30, 1963 - Audit of Dinner Key Auditorium Lease
for year ending November 30, 1963.
16 January 14, 1965 - Audit of Dinner Key Auditorium Lease
for year ending November 30, 1964.
17January 4, 1966 - Audit of Dinner Key Auditorium Lease
for year ending November 30, 1965.
18 December 15, 1966 - Audit of Dinner Key Auditorium Lease
for year ending November 30, 1966.
•
19 Janua ry 4, 1968 - Audit of Dinner Key Auditorium Lease
for year ending November 30, 1967.
2QJanuary 8, 1969 - Audit of Dinner Key Auditorium Lease
for year ending November 30, 1968.
21 January 14, 1970 - Audit of Dinner Key Auditorium Lease for
year ending November 30, 1969.
22 February 18, 1971 - Audit of Dinner Key Auditorium Lease
for year ending November 30, 1970.
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A
A
in the account of George J. MacLean for the Lease of Dinner Key
Auditorium. It should be noted, as demonstrated by Exhibits 2-1,
that Mr. MacLean has had arrears of monies due the City since
December 31, 1962, the end of the first month's lease operation,
through November 30, 1971, when this study was completed, in
amounts ranging from a minimum of $1, 393. 74 to a maximum of
$16, 605.19. Mr. MacLean has been advised by the City Admini-
stration of his financial arrears consistently since the inception of
the Lease. (See Exhibits 3-1, 3-5, 3-10, 3-14, 3-34, 3-35, 3-36,
3-38, 3-39, 3-48, 3-49, 3-53 and 3-56) The most recent correspon-
dence to Mr. MacLean is a letter of December 2, 1971, from
M. L. Reese, City Manager, advising Mr. MacLean that he is still
in arrears in an amount of $4, 308. 96 plus the amounts due the City
for November and December rentals. 78
The utilities consumed by Dinner Key Auditorium are clearly
defined in the original and subsequent Lease Agreement as being the
responsibility of George J. MacLean. Mr. MacLean has consistently
been in arrears in Ms payment of utilities to the City. The following
(Table I) has been excerpted from the year end audits conducted by the
City of Miami's internal auditor showing the amount that is due the
City at the end of each year's operation.
78December 2, 1971 - Letter to George J. MacLean, Dinner
Key Auditorium, from M. L. Reese, City Manager, acknowledging
receipt of partial monies due the City of Miami and advising of the
amounts still owed the City.
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TABLE
UTILITY PAYMENTS OVERDUE
AS OF
END OF T1fE YEAR AUDIT
Year Ending Amount Overdue
1963 $4, 825. 67
1964 2, 678. 51
1965 7, 842. 85
1966 12, 148. 83
1967 2, 856. 51
1968 4, 695. 03
1969 3, 238. 75
1970 5, 895. 00
Source: Year End Audit Reports, 1963, 1964, 1965,
1966, 1967, 1968, 1969, and 1970.
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It should be noted that the Lease Agreement specifically stipulates
that utilities are payable monthly.
Apart and separate from Mr. MacLean's financial obligation
to the City is the obligation he incurs to City employees for their
performance in an off -duty capacity. During the first year of
operation, Mr. MacLean secured the services of off -duty police
officers for a "Jive Session" sponsored by Exotic Records and held
at Dinner Key Auditorium on September 1, 1963. The police officers
were not compensated for their work by Exotic Records, nor were they
compensated by Mr. MacLean. On September 16, 1964, Mr. P. W.
Andrews, Assistant City Manager, corresponded with Mr. MacLean
concerning payment due off -ditty ,rr ;;e officers for an event that was
held over one year ago. 27 On October 15, 1964, Mr. MacLean
responded to Mr. Andrews' letter stating, "After thorough investigation
of the individuals and their assets and ability to pay, my attorney
advises me that it is impossible to collect. Consequently, the police
and others will have to write off these monies as a bad debt". 28
27September 16, 1964 - Letter to George J. MacLean, Dinner Key
Auditorium, from P. W. Andrews, Assistant City Manager, concerning
payment to City of Miami's off duty police officers for services rendered
during the"Jive Session", sponso red by Exotic Records on September 1,
1963.
28October 15, 1964 - Letter to P. W. Andrews, Assistant City
Manager, from George J. MacLean, advising that it is impossible to
collect the payment due off duty police officers for the above mentioned
event.
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A similar problem occurred in conjunction with the
International Circus held at Dinner Key Auditorium from November
26, to December 5, 1971. Police officers and fire inspectors served
in an off -duty capacity at the circus. They were paid by check drawn
on the Miami Beach First National Bank, signed by Titto Stanfield,
International Circus, Inc. The check was subsequently returned for
non -sufficient funds. It was not until after the City initialed legal
procedings to acquire the monies due the fire and police officers
that Mr. MacLean agreed to pay the monies due.
It can generally be summarized that Mr. MacLean has con-
sistently- been delinquent in his financial obligation owed the City of
Miami under the provisions of the original Lease Agreement entered
into December 1, 1962, and subsequent amendments and extensions.
It is clearly defined in all Lease Agreements that Mr. MacLean owes
the City 10% of the gross revenue, not less than $5, 000 per year, and
that he must substantiate his rental receipts by accurate records.
Additionally, he is responsible for the payment of all
utilities consumed by Dinner Key Auditorium. The City of Miami's
auditor has consistently found in each of the year end audits that
Mr. MacLean is deficient in his payments due the City. The
internal auditor's summarization of the accounts receivable ledger
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j
for Mr, George J. MacLean for the rental of Dinner Key Auditorium
has continuously shown that Mr. MacLean has had an outstanding
balance owed the City of Miami since the end of the first months
operation, December, 1962.
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IIYIIM.111i 1III IIIIII
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PART II
BUILDING MAINTENANCE
AND HOUSEKEEPING
Early in the history of the Dinner Key Auditorium Lease
Agreement, the City Administration found it necessary to identify
to Mr. MacLean, major areas in which he was not satisfying Ms
obligation to the City under the provisions of the existing contract
(See Exhibits 1-3, 1-6 and 1-8). On November 5, 1964, the City
Manager received a memorandum from the Property Manager
identifying discrepancies found on an inspection conducted
November 4, 1964. The Lease Agreement in effect on the date
of the inspection, specifically refers to the condition and cleanli-
ness of the interior of the bui'., .-g. Paragraph 27 specifically
states that. "the Lessee will keep in good condition, during the con-
tinuation of the term herein, described interior of said demised
premises and area thereof, including the building, doors, windows
and awnings, if any, and will keep the same in good sound clean
3December 1, 1962 - Lease Agreement for Dinner Keay
Auditorium including Concession Stand, Restaurant and Bar,
between George J. MacLean and the City of Miami.
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condition and repair. Ordinary wear and tear, fire, hurricane
or other actions of God alone excepted, and will not suffer or per -
emit any strip or waste of demised premises". 3 With reference to
the maintenance of the facility's interior, the following items were
discovered to have been neglected. 29
(1) Broken stools in the restaurant area.
(2) Missing accoustical ceiling in the restaurant area.
(3) Broken tile on floor in the restaurant area.
(4) Kitchen equipment rusted.
(5) Silverware rusty.
(6) improper electrical panel (violation of the City Code).
(7) One fourth of the overhead lights not working.
(8) Dry commode (health hazard).
3December 1, 1962 - Lease Agreement for Dinner Key
Auditorium, including Concession Stand, Restaurant and Bar, between
George J. MacLean and the City of Miami.
29November 5, 1964 - Memorandum to M. L. Reese, City
Manager, from R. F. Heiken, Property Manager, concerning an
inspection of the Dinner Key Exposition Building - substantiating
photographs are on file in the City Manager's Office.
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Paragraph 31 of the original Lease Agreement further
stipulates, "that there shall be no living quarters, nor shall
anyone be permitted to live in or cook within the above described
premises. " 3 During the November 4, 1964, inspection, definite
evidence was discovered and graphically recorded that living
quarters were being maintained. The City Manager's file contains
polaroid photographs taken during the inspection specifically
identifying the living facilities. �9
In reference to the cleanliness of the building as well
as fire hazard condition, the following discrepancies were
identified. A polaroid picture was made and is on file in the
office of the City Managed()
(1) Conbustible materials stored underneath stage.
(2) Mattresses on floors in several locations.
(3) Opened can goods partially empty in the kitchen area.
(4) Empty beer cans in lockers.
(5) Commodes left unflushed with human waste.
(6) General area was rat infested.
3 December 1, 1962 - Lease Agreement for Dinner Key
Auditorium, including Concession Stand, Restaurant and Bar,
between George J. MacLean and the City of Miami.
29 November 5, 1964 - Memorandum to M. L. Reese, City
Manager, from R. F. Helken, Property Manager, concerning the
inspection of the Dinner Key Exposition Building - substantiating
photographs are on file in the City Manager's Office.
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• •
The inspection was appropriately culminated with the
statement from the Property Manager to the City Manager that
"in general, there is no word that can be used to effectively describe
the absolute filth that exists. The polaroid pictures which are attached
do not dipict the actual scene. "29
The Assistant City Manager communicated with Mr. MacLean
by letter noting all areas in which Mr. MacLean was not abiding by
the particular sections of the Lease Agreement with reference to
building maintenance and cleanliness. 30 Two weeks hence,
Mr. MacLean's response was by letter, indicating that "we recognize
that there is room for improvement in our housekeeping habits and
we will make a sincere effort to accomplish this. " However, on
March 16, 1965, the City Property Manager, again conducted an
inspection of the Dinner Key Auditorium Parking Lot and discovered
that an unauthorized concession stand was in operation adjacent to the
�9November 5, 1964 - Memorandum to M. L. Reese,
City Manager, from R. F. Helken, Property Manager. concerning
an inspection of the Dinner Key Exposition Building - substantiating
photographs are on file in the City Manager's Office.
30November 6, 1964 - Letter to George J. MacLean from
P. W. Andrews, Assistant City Manager, concerning arrangements
that were arrived at during an inspection of Dinner Key Auditorium
on November 5, 1964.
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auditorium. Mr. MacLean was notified of this fact, advised that
it was not in accordance with his Lease Agreement and was requested
to immediately move the concession stand33
On July 22, 1965, the City Manager personally inspected the
parking area, directly behind the auditorium and found Mr. MacLean
again in violation of the Lease Agreement by allowing the storage of
carnival equipment. Additionally, the City Manager observed the
unsightly condition of paper and cans strewn about and an old soft
drink storage chest and portable bleacher equipment poorly stored.
Mr. MacLean was requested by letter to immediately remove the
semi -trailer truck storing carnival equipment, and clean up the
exterior of the Dinner Key Auditorium.34
Correspondence has been continuous from the City Manager
to Mr. MacLean concerning items of interior building maintenance and
interior and exterior cleanliness, similar in nature to those
discrepancies listed above. Documentary photographs have been
taken and brought to the attention of Mr. MacLean (See Exhibits 3-13,
33
March 16, 1965 - Letter to George J. MacLean, Dinner
Key Auditorium, from R. F. Helken, Property Manager, concerning
an unauthorized, portable concession stand in operation adjacent to
the auditorium.
34 July 22, 1965 - Letter to George J. MacLean, Dinner Key
Auditorium, from M. L. Reese, City Manager concerning the
unauthorized storage of carnival equipment in the parking area
directly behind the Dinner Key Auditorium.
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t
41104
3-16, 3-1?, 3-19, 3-20, 3-21, 3-22, 3-23, 3-28, 3-30, 3-43,
3-46, 3-47, 3-49, 3-50, 3-51, 3-55 and 3-57) in an effort to make
him cognizant of his obligation, and do what is necessary for him
to comply with the Lease Agreement.
In addition to the correspondence concerning cleanliness and
maintenance to Mr. MacLean, the City has received correspondence
from private individuals, and from public corporations concerning their
dissatisfaction with the condition of Dinner Key Auditorium.
Mr. Bill Ward, Service Sales Manager of the Miami Herald Publishing
Company, communicated his opinion of Dinner Key Auditorium to
M. L. Reese, City Manager, on January 27, 1970; "...the general
cleanliness of the facility is abominable. There are piles of dirt
on the floors, in the corners, and generally throughout the building.
The men and women's rooms are hazardous to health and are not
fit for a pig sty. It seems to me to be a crying shame to bring the
general public into a City owned facility under these conditions. "47
Another severe complaint regards the "unsightly destruction of many
parking spaces by those bleacher seats right out in the middle of the
parking lot. It seems to me that some provisions could be made to
47January 27, 1970 - Letter to M. L. Reese, City Manager, from
Bill Ward, Service Sales Manager, the Miami Herald Publishing
Company, concerning his dissatisfaction with the condition of Dinner Key
Auditorium.
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move these at least where they do not destroy the physical
configuration of the facility and, at the same time, do not destroy
more parking spaces which the exhibitor certainly is paying to be
able to utilize. "19
On February 17, 1970, the City Manager received a duplicate
copy of a letter from Avril Lewendon addressed to the Ice Follies
Administration concerning his dissatisfaction with the Dinner Key
Auditorium, specifically two major items: One, "instead of a
regular padded seat in the area chosen by us, we were offered dirty
old bleachers, complete with splinters... 1,20 The second exception
was the filth of the ladies restroom. "Just inside of the main
entrance, it was filthy and most certainly would not pass inspection
by a health department. I have traveled many miles, both here
and in Europe, and have never seen such a disgusting place in my
life, just plain stinking filthy. "20
Additional correspondence concerning dissatisfaction with
the management of Dinner Key Auditorium has been received by
the City Manager (See Exhibit 49).
20February 17, 1970 - Letter from Avril Lewendon to Thomas
K. Scalien, President of Ice Follies Administration, concerning
dissatisfaction with the condition of Dinner Key Auditorium.
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Closely akin to building. housekeeping and maintenance are
the instances general safety requirements have not been afforded the
public when utilizing the facility. On July 26, 1968, a fire occurred
in conjunction with an event at Dinner Key Exposition Hall. An
inspection was made by the Chief of Fire Prevention, City of Miami
Fire Department, a fire photographer and members of the Property
Management Office on Monday, July 29, 1968. Four major discre-
pancies were discovered (Substantiating photographs on file in the
Office of the City Manager).
(1) The Fire occurred in apparent living quarters which are
not permitted by the terms of the Lease. 44, b
(2)
An eight inch block wall had been breached between
locker rooms and office space in the north portion
of the building (not permitted by the terms of the
Lease Agreement).
44, 6
44August 5, 1968 - Letter to George J. MacLean, Dinner Key
Auditorium, from R. F. Heiken, Property Manager, itemizing
four major discrepancies found during a fire prevention inspection
substantiating photographs on file in the City Manager's Office.
6November 13, 1967 - Resolution 39157 - Authorizing and
directing the City Manager to execute a lease agreement commencing
December 1, 1967, for a period of three years. Agreement never
executed.
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(3)
Panic hardware was missing from some exit doors,
while other hardware was in need of repair. 44
(4) General cleanup is very apparently needed. 44
It was necessary to advise Mr. MacLean, by letter, on
June 17, 1970, concerning the potentially unsafe and explosive set
created in and around Dinner'Key Auditorium during the presentation
of rock and roll events. "The seating, while completely safe and
adequate for a sedate crowd watching another type of event, becomes
dangerous when a maximum crowd of excited young people began to jump
and dance on it during a rock and roll show. Also, the seating is
limited, which creates crowd control problems when young people arrive
to purchase box office tickets and are told that the event is sold out.
The doors and windows in the structure are not suitable for handling
the crowds of size and composition often encountered. "63 Mr. MacLean
has periodically received correspondence from the City of Miami
relating to the safety of the Auditorium and copies of that correspon-
dence are included in the reference portion of this report (see Exhibits
44August 5, 1968 - Letter to G orge J. MacLean, Dinner Key
Auditorium, from R. F. Helken, Property Manager, itemizing
four major discrepancies found during a fire prevention inspection -
substantiating photographs on file in the City Manager's Office.
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INN
48, 50, 52, 53, 54 and 76). Where applicable, substantiating
photographs were taken and are on file in the Office of the City
Manager.
The numerous instances cited snakes it abundantly clear that
Mr. MacLean has consistently failed to adhere to the provisions of
the Lease Agreement pertaining to building cleanliness and safety.
The City Administration has not met with success in persuading
Mr. MacLean to comply with the Lease Agreement.
63June 17, 1970 - Letter to George J. MacLean, Dinner
Key Auditorium from M. L. Reese, City Manager, concerning unsafe
conditions in and around Dinner Key Auditorium.
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)^1
PART III
LEASE AGREEMENTS
Since the time the City Commission accepted the bid
of George J. MacLean for the Lease Agreement of Dinner Key
Auditorium, 2 it has been the policy of the City to make the
management of Dinner Key Auditorium as simple as possible.
Mr. MacLean's responsibilities under the Lease Agreement
were clearly defined in the original Lease Agreement of
December 1, 1962.3
The first major difficulty encountered by Mr. MacLean
was providing the City a $15, 000 performance bond, as agreed
to in Paragraph 2 of the original Lease Agreement, as identified
previously in this report. In fact, Mr. MacLean failed
2October 17, 1962 - Resolution 34005 - Accepting the
bid of George J. MacLean.
3December 1, 1962 - Lease Agreement for Dinner Key
Auditorium, including Concession Stand, Restaurant, and Bar,
between George J. MacLean and the City of Miami.
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to post a performance bond during the entire first year of
operation, therefore, on March 4, 1964, a resolution was
introduced by Mr. Aronovitz and was subsequently adopted
by the Commission to substitute the original Lease Agreement
by allowing Mr. MacLean to deposit with the City of Miami, an
amount of $5, 000 in lieu of the cash performance bond. 4 On
November 13, 1967, the City Commission adopted Resolution
39157 directing the City Manager to enter into an agreement
beginning December 1, 1967, and terminating November 30, 1970,
for the lease of Dinner Key Auditorium. The Agreement was
drawn up, was approved by the law department, the City Manager,
and the City Clerk; however, Mr. MacLean never signed the
rental agreement' No reason for not signing, nor any exception
4March 4, 1964 - Resolution #35442 - Permitting a cash
bond in lieu of a performance bond from G•vorge J. MacLean.
6November 13, 1967 - Resolution #39157 - Authorizing
and directing the City Manager to execute a lease agreement
commencing December 1, 1967, for a period of three years.
Agreement never executed.
of the new Agreement was ever formally brought tb the City
Manager or the City Commission.
On June 12, 1969, Mr. MacLean personally appeared before
the City Commission to discuss basketball at Dinner Key Audi-
torium. It was his proposal that the City financially participate 4,
in the upgrading of Dinner Key Auditorium. The capital improve-
?
ment was to attract the Floridian Basketball Team. There
are fifteen pages of extractions from the minutes of the
June 12, 1969, meeting concerning the upgrade of Dinner Key
Auditorium, culminated by Resolution 40723, authorizing the
expenditure of $15, 000 from the contingent fund for Dinner Key
Auditorium refurbishment in order to accomplish the execution
of an agreement with the Miami Floridians and University of
Miami for basketball games to be played in the Auditorium. 8
7June 12, 1969 - Minutes of the Commission Meeting
whereby George J. MacLean is requesting the City to financially
participate in upgrading Dinner Key Auditorium to attract the
Floridian's Basketball Team.
8June 12, 1969 - Resolution 40723 - Authorizing the
expenditure of $15, 000 from the contingent fund for Dinner Key
Auditorium improvements in order to accomplish the execution
of an agreement with the Miami Floridians and University of
Miami for basketball games to be played at said facilities.
'"1
r"1
Mr. MacLean appeared before the Commission again on
January 8, 1970, requesting reimbursement of expenses he incurred.
Again, after lengthy discussion, 11 the City Commission adopted
Resolution 41213 to reimburse Mr. MacLean in an amount not to
exceed $14, 900 for the refurbishment of Dinner Key Auditorium. 11
Mr. MacLean was subsequently reimbursed $12, 600 for his actual!
expenses incurred. 11 Since being reimbursed, Mr. MacLean has
made no additional request for reimbursement under the provisions
of Resolution 41213.
Immediately following the adoption of Resolution 41213,
M. L. Reese, City Manager, made the proposal that another Resolution
be adopted, which would amend Mr. MacLean's contract so the City
would be reimbursed within seven days after an event is held, the
percentage that the City is due. Mr. MacLean formally agreed and
it is included in the minutes of the meeting, "I would agree to that,
certainly". Subsequently, Resolution 41214 amended the existing
Lease Agreement to provide that the City be reimbursed the amounts
due within seven days after holding the various events at Dinner Key
Auditorium. 12 Again, as pointed out in this report, Mr. MacLean
11January 8, 1970 - Resolution 41213 - Directing that
George J. MacLean be reimbursed for expenses incurred, an amount
not to exceed $14, 900 for the refurbishing of Dinner Key Auditorium.
12January 8, 1970 - Resolution 41214 - Amends the Lease
Agreement to provide that the City be reimbursed the amounts due
within seven clays after holding the various events at Dinner Key
Auditorium.
.27
-2S'-
eiL do_
has failed to pay the City the monies due within the specified
time (see internal auditor's year ending reports for 1963,
through 1970, inclusively).
It can be concluded from Mr. MacLean's performance
of his obligations under the Lease Agreements he entered into
with the City of Miami, that he has continuously been in violation
of Paragraph 13, providing the Lessee pay for all utilities,10 and
Paragraph 15, requiring the Lessee to maintain and furnish the
City with all pertinent data pertaining to his operation. There have
been major violations of Paragraph 14, requiring the Lessee to
furnish all custodial and janitorial services required to maintain the
auditorium in a clean and sanitary condition. 10 Documentation shows
that Mr. MacLean has had numerous violations of Paragraph 18
(complying with all applicable rules and regulations of the Building
Department and the Department of Public Safety (police and fire
division) of the City of Miami for the purpose and use for which he
10
intends to have this building).
10 November 21, 1969 - Lease Agreement for Dinner Key
Auditorium, including Concession Stands, Restaurant and Bar
for the six year period beginning December. 1, 1967, and ending
November 30, 1972.
i
Paragraph 28 of the current Lease Agrcerpent provides that, in
the event the Lessee should not pay the rent or comply with
other terms of the Lease Agreement, then the City shall have the
right to terminate. 10 Paragraph 29 also provides that the Lessee
agrees to pay the City reasonable Attorney's fees. 10 t
Therefore, it is the recommendation of the City Admini-
stration that the Lease of the Dinner Key Auditorium to
Mr. George J. Mac Lean be terminated immediately under the
provisions of Paragraph 28 of the Lease Agreement now in effect.
Mr. MacLean has clearly demonstrated that he does not and will
not abide by the provisions of the Lease Agreement. He continually:
(1) has been in arrears of monies due the City for
rental of Dinner Key Auditorium,
(2) has been in arrears of monies due the City for
utilities consumed by Dinner Key Auditorium,
(3) has failed to abide by the provisions of Lease
Agreements requiring that he provide all
janitorial services at the Auditorium,
10November 21, 1969 - Lease Agreement for Dinner Key
Auditorium, including Concession Stands, Restaurant and Bar, for
the six year period beginning December 1, 1967, and ending
November 30, 1973.
(4) has failed to furnish the City all pertinent
data pertaining to his operation and
(5) has used the parking areas for other than
approved purposes.
No other Lease Agreement in the City's history has caused
comparable problems. The Lease Agreement with Mr. MacLean
has gone from being difficult to manage to its current situation of
being unmanageable and, therefore, it is incumbent upon the
City Administration to recommend that the Lease Agreement be
cancelled.
romiN
BIBLIOGRAPHY
(1) December 20, 1962 City Attorney's advice on Dinner Key Auditorium
Lease Agreement, including supporting documents.
(2) October 17, 1962 Resolution 34005 - Accepting the bid of
George J. MacLean.
(3) December 1, 1962 Lease Agreement for Dinner Key Auditorium
including Concession Stand, Restaurant and
Bar between George J. MacLean and the
City of Miami.
(4) March 4, 1964 Resolution 35442 - Permitting a cash bond in
lieu of a performance bond from George J. MacLean.
(5) March 11, 1964 Amended Lease Agreement consistent with
Resolution 35442.
(6) November 13, 1967 Resolution 39157 - Authorizing and directing
the City Manager to execute a lease agreement
commencing December 1, 1967, for a period of
three years. Agreement never executed.
(7) June 12, 1969
(8) June' 12, 1969
Minutes of the Commission Meeting whereby
George J. MacLean is requesting the City to
financially participate in upgrading Dinner Key
Auditorium to attract the Floridian's Basketball
Team.
Resolution 40722 - Extending the Dinner Key
Auditorium Lease Agreement until November
30, 1973.
(9) June 12, 1969
Resolution 40723 - Authorizing the expenditure
of $15, 000 from the contingent fund for Dinner Key
Auditorium improvements in order to accomplish
the execution of an agreement with the Miami
Floridians and University of Miami for basketball
games to be played at said facilities.
(10) November 21, 1969 Lease Agreement for Dinner Key Auditorium,
including Concession Stands, Restaurant and Bar,
for the six year period beginning December 1, 1967,
and ending November 30, 1973.
(11) January 8, 1970 Resolution 41213 - Directing that George J. MacLean
be reimbursed for expenses incurred, an amount
not to exceed $14, 900 for the refurbishing of
Dinner Key Auditorium.
(12) January 8, 1970 Resolution 41214 - Amends the Lease Agreement
to provide that the City be reimbursed the amounts
due within seven days after holding the various
events at Dinner Key Auditorium.
(13) February 2, 1970 Amendment to Lease Agreement authorized by
Resolution 41214.
(14) December 6, 1971 Memorandum from the Director of Internal
Audit to City Manager recording the Monthly
Transactions of the Accounts Receivables
from December 31, 1962, to November 30,
1971.
(15) December 30, 1963 Audit of Dinner Key Auditorium Lease for year
ending November 30, 1963.
(16) January 14, 1965 Audit of Dinner Key Auditorium Lease for year
ending November 30, 1964.
(17) January 4, 1966 Audit of Dinner Key Auditorium Lease for year
ending November 30, 1965.
(18) December 15, 1966 Audit of Dinner Key Auditorium Lease for year
ending November 30; 1966.
•
(19) January 4, 1968 Audit of Dinner Key Auditorium Lease for year
ending November 30, 1967.
(20) January 8, 1969 Audit of Dinner Key Auditorium Lease for year
ending November 30, 1968.
(21) January 14, 1970 Audit of Dinner Key Auditorium Lease for year
ending November 30, 1969.
(22) February 18, 1971 Audit of Dinner Key Auditorium Lease for year
ending November 30, 1970.
(23) July 10, 1963 Letter to George J. MacLean, Dinner Key
Auditorium, from P. W. Andrews, Assistant
City Manager, concerning an 80% decline in
revenue over prior years experience.
(24) July 18, 1963
Letter to P. W. Andrews, Assistant City Manager,
from George J. MacLean, Dinner Key Auditorium,
advising that the 80% drop in revenue was due to
"new people, inexperienced in the type of com-
modities, poor and inoperative equipment, plus
from limited egress and ingress to the concession
stands..."
(25) January 30, 1964 Memorandum from M. L. Reese, City Manager,
to the City Commission recommending a change
in Resolution 33530, allowing forty-five days
between competing shows, rather than sixty days.
(26) January 30, 1964 Memorandum from M. L. Reese, City Manager,
to the City Commission, Subject, George J.
MacLean, Dinner Key Auditorium Lease - Review
of year end audit to November 30, 1963.
(27) September 16, 1964 Letter to George J. MacLean, Dinner Key
Auditorium, from P. W. Andrews, Assistant City
Manager, concerning payment to City of Miami's
off duty police officers for services rendered
during the "Jive Session", sponsored by Exotic
Records on September 1, 1963.
(28) October 1, 1964 Letter to P. W. Andrews, Assistant City
Manager, from George J. MacLean, Dinner
Key Auditorium, advising that it is impossible
to collect the payment due off duty police
officers for the above mentioned event.
(29) November 5, 1964 Memorandum to M. L. Reese, City Manager,
from R. F. Helken Property Manager, con-
cerning an inspection of the Dinner Key
Exposition Building . substantiating photographs
are on file in the Citr Manager's Office.
(30) November 6, 1964 Letter to George J. MacLean from P. W.
Andrews, Assistant City Manager, concerning
arrangements that were arrived at during an
inspection of Dinner Key Auditorium on November
5, 1964.
(31) November 19, 1964 Letter to P. W. Andrews, Assistant City Manager,
from George J. MacLean, Dinner Key Auditorium,
itemizing results of a health inspection, hook up
of an electric stove and the housekeeping habits.
(32) February 1, 1965 Letter to George J. MacLean, Dinner Key
Auditorium, from P. W. Andrews, Assistant
City Manager, concerning year end audit of
Lease and deficiency in amounts collected.
(33) March 16, 1965 Letter to George J. MacLean, Dinner Key
Auditorium, from R. F. Helken, Property Manager,
concerning unauthorized, portable concession
stand in operation adjacent to the auditorium.
(34) July 22, 1965 Letter to George J. MacLean, Dinner Key
Auditorium, from M. L. Reese, City Manager,
concerning the unauthorized storage of carnival
equipment in the parking area directly behind
the Dinner Key Auditorium.
(35) October 8, 1965 Letter to George J. MacLean, Dinner Key
Auditorium, from P. W. Andrews, Assistant
City Manager, itemizing four discrepancies
existing on the grounds of the auditorium -
substantiating photographs on file in the Office
of the City Manager.
(36) January 13, 1966
(37) January 26, 1966
(38) April 19, 1966
(39) February 10, 1967
(40) January 9, 1968
(41) July 22, 1968
(42) July 26, 1968
Letter to George J. MacLean, Dinner Key
Auditorium, from P. W. Andrews, Assistant
City Manager, concerning arrears due the City
for the operation during the third year of the
Lease Agreement.
Letter to George J. MacLean, Dinner Key
Auditorium, from R. F. Helken, Property
Manager, concerning broken jalousie windows
separating the restaurant from the main
auditorium.
Memorandum to file from P. W. Andrews,
Assistant City Manager. Photographs showing
that garbage had not been removed from the
Miami Horse Show, an event which took place
on April 2, and 3, 1966. Photographs on file
in the Office of the City Manager.
Letter to George J. MacLean, Dinner Key
Auditorium, from R. F. Heiken, Property
Manager, concerning objections of the City
relating to lease covenant. Five exhibitions
are listed.
Letter to George J. MacLean, Dinner Key
Auditorium, from P. W. Andrews, Assistant
City Manager, concerning arrears in payments
due the City for the operation of Dinner Key
Auditorium during the fifth year of the Lease
Agreement.
Photographs on file in the Office of the City
Manager itemizing housekeeping discrepancies
in the area immediately surrounding Dinner Key
Auditorium.
Photographs on file in the Office of the City
Manager itemizing housekeeping discrepancies and
other discrepancies found on the interior :)f
Dinner Key Auditorium.
(43) July 29, 1968
(44) August 5, 1968
Photographs on file in the Office of the City
Manager itemizing housekeeping discrepancies
and other discrepancies found on the interior
of Dinner Key Auditorium.
Letter to George J. MacLean, Dinner Key
Auditorium, froth R. F. Heiken, Property
Manager, itemizing four major discrepancies
found during a fire prevention inspection -
substantiating photographs on file in the City
Manager's Office.
(45) June 5, 1969 Photographs of discrepancies found on the
interior of Dinner Key Auditorium.
(46) December 19, 1969 Letter to George J. MacLean, Dinner Key
Auditorium, from R. L. Jennings, Property
Manager, concerning arrears due the City
in the operation of Dinner Key Auditorium.
(47) January 27, 1970 Letter to M. L. Reese, City Manager, from
Bill Ward, Service Sales Manager, the Miami
Herald Publishing Company, concerning his
dissatisfaction with the condition of Dinner Key
Auditorium.
(48) January 29, 1970 Memorandum to Dewey Yates, Chief of Fire
Prevention, from P. D. Saunders and
B. F. Giles, Fire Commission, concerning
the violation of the Code of the City of Miami
in conjunction with an event held at Dinner Key
Auditorium on January 28, 1970.
(49) February 4, 1970 Letter to M. L. Reese, City Manager, front
Russell Nahrn, President, Trade Show Presen-
tation, Inc., concerning his dissatisfaction with
the management of Dinner Key Auditorium during
the Miami International Travel Camping Show.
(50) February 9, 1970 Memorandum to W. R. Bailey, Director of
Finance, from P. W. Andrews, Assistant City
Manager, concerning violations of the Code of
the City of Miami at Dinner Key Auditorium -
substantiated by a letter to Mr. MacLean, Dinner
Key Auditorium from C. G. Galloway, Bureau of
Fire Prevention.
36.
(51) February 17, 1970 Letter from Avril Lewendon to Thomas K.
Scallen, President of Ice Follies Administration,
concerning dissatisfaction with the condition of
Dinner Key Auditorium.
(52) March 12, 1970 Photographs on file in the Office of the City
Manager itemising housekeeping and other
discrepancies found on the interior of Dinner
Key Auditorium.
(53) March 20, 1970 Letter to George J. MacLean from C. G. Galloway,
Bureau of Fire Prevention, concerning
Mr. MacLean's failure to correct previously
identified dangerous conditions.
(54) March 23, 1970 Letter from L. L. Kenney, Fire Chief, to
George J. MacLean, Dinner Kerr Auditorium,
requesting Mr. MacLean to correct discrepancies
noted by the Fire Marshall at the Blood, Sweat
and Tears Event, held in the Dinner Key Auditorium
on March 7, 1970.
(55) April 2, 1970
(56) April 2, 1970
(57) April 24, 1970
(58) May 1, 1970
Memorandum from M. L. Reese, City Manager,
to the City Commission concerning the Dinner
Key Auditorium Lease.
Letter to George J. MacLean, Dinner Key
Auditorium, from M. L. Reese, City Manager,
advising Mr. MacLean of his violations of the
of the Lease Agreement in many respects.
Letter to George J. MacLean, Dinner Key
Auditorium, from M. L. Reese, City Manager,
advising of further outstanding financial obliga-
tions owed to the City of Miami.
Letter to George J. MacLean, Dinner Key
Auditorium, from P. W. Andrews, Assistant
City Manager, concerning arrears due the City
of Miami for utilities and sewage disposal.
(59) May 4, 1970
Memorandum from M. L. Reese, City Manager,
to the City Commission advising of communica-
tions with George J. MacLean, Lessee of Dinner
Key Auditorium, placing him on notice that
certain acts are required by him in order to
comply with the provisions of the Dinner Key
Auditorium Lease Agreement.
(60) May 19, 1970 Letter to George J. MacLean, Dinner Key
Auditorium, from M. L. Reese, City Manager,
advising Mr. MacLean of the need to fulfill Ms
financial obligation to the City of Miami.
(61) May 25, 1970 Letter to George J. MacLean, Dinner Key
Auditorium, from M. L. Reese, City Manager,
advising of arrears due the City of Miami for
utility bills.
(62) May 28, 1970 Letter to George J. MacLean, Dinner Key
Auditorium, from P. W. Andrews, Assistant
City Manager, objecting to the performance of
the Grand Funk Railroad.
(63) June 17, 1970 Letter to George J. MacLean, Dinner Key
Auditorium, from M. L. Reese, City Manager,
concerning unsafe conditions in and around Dinner
Key Auditorium.
(64) July 22, 1970 Memorandum from M. L. Reese, City Manager,
to the City Commission concerning an incident
that occured June 21, 1970, in conjunction with
a rock and roll event.
(65) November 2, 1970 Photographs on file in the Office of the City
Manager itemizing housekeeping and other
discrepancies found on the interior of Dinner
Key Auditorium.
(66) November 9, 1970 Letter to George J. MacLean, Dinner Key
Auditorium, from M. L. Reese, City Manager,
concerning the use of the Auditorium for living
quarters.
--\(6?) November 24, 1970 Mernorandutn to Alan H. Rothstein, City Attorney,
from M. L. Reese, City Manager, concerning
Lease violattuns at Dinner Key Auditorium.
(68) January 26, 1971 photographs on file in the Office of the City Manager
itemizing housekeeping discrepanLies in the area
immediately surrounding Dinner Key Auditorium.
(69) January 26, 1971 Letter to George J. MacLean, Dinner Key Auditorium,
from P. W. Andrews, Assistant City Manager, con-
cerning poor housekeeping in the area immediately
surrounding Dinner Key Auditorium.
(70) March 16, 1971
(71) May 11, 1971
Letter to George J. Mac Lean, Dinner Key Auditorium,
front M. L. Reese, City Manager, concerning arrears
owed to the City of Miami.
Letter to George J. MacLean, Dinner Key Auditorium,
from M. L. Reese, City Manager, concerning con-
tinued non-compliance with any of the Lease provisions
mentioned in the March 16, 1971 Letter.
(72) June 4, 1971 Letter to George J. MacLean, Dinner Key Auditorium,
from M. L. Reese, City Manager, concerning non-
compliance with the Lease Agreement.
(73) August 3, 1971 Letter to George J. MacLean, Dinner Key Auditorium,
from M. L. Reese, City Manager, concerning non-
compliance with the Lease Agreement.
(74) August 13, 1971 Letter to George J. MacLean, Dinner Key Auditorium,
from M. L. Reese, City Manager, concerning
financial arrears owed the City of Miami.
(75) October 5, 1971 Letter to George J. MacLean, Dinner Key Auditorium,
from M. L. Reese, City Manager, itemizing financial
deficiencies still owed the City of Miami.
(76) November 23, 1971 Letter to George J. MacLean, Dinner Key Auditorium,
from Robert E. Ferencik, Director of the Building
Department, concerning defective bleacher seats.
(77) November 30, 1971 Letter to George J. MacLean, Dinner Key Auditorium,
from M. L. Reese, City Manager, concerning non-
compliance with the Lease Agreement.
(78) December 2, 1971 Letter to George J. MacLean, Dinner Key Auditorium
from M. L. Reese, City Manager, acknowledging
receipt of partial monies due the City of Miami and
advising of the amount still owed the City.
(79) December 7, 1971 Memorandum to file from P. W. Andrews, Assistant
City Manager, photographic history of the conditions
existing at Dinner Key Auditorium during the holding
of the International Circus lrvent scheduled from
November 26, - December 12, 1971.
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