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Home My WebLink AboutR-01-1314J-01-1050 12/4/01 RESOLUTION NO 3i.... 3,�_ ._r. A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE TOWER PARKING AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE DEPARTMENT OF OFF-STREET PARKING, CITY OF MIAMI AND NOP 100 SE 2ND STREET TOWER, LLC TO INCREASE THE ALLOTTED PARKING SPACES FROM 500 TO 565. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manger is authorized!/ to execute Amendment No. 1 to the Tower Parking Agreement, in substantially the attached form, between the Department of Off -Street Parking, City of Miami and NOP 100 SE 2nd Street Tower, LLC to increase the allotted parking spaces from 500 to 565. Section 2. This Resolution shall become effective immediately upon its adoption and signature of the Mayor./ 1/ The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. 21 If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. ;. comesrt i .Ai DEC "�A I ON 0 PASSED AND ADOPTED this 13lh day of December -F 2001. MANUEL A. DIAZ, MAYOR In excordance with Miarn! Cod,,, Sec. 2410 3, since the Mayor did not indimato appmv M of bit it in it i.: pla � 1:�!-)01!,,.,A " :_�, i. �,4617 (A i'k-rin - t CCN of n (I ayF.; 1 ATTEST: WALTER J. FOEMAN CITY CLERK APPROV�A/XAFORM AND CORRECTNESS: IF'VILARELLO ORNEY 5854:LB Page 2 of 2 ! t�j FIRST AMENDMENT TO OWER MNG A.G EEMENj: THIS FIRST AMENDMENT TO TOWER PARKING AGREEMENT (this "First Amendment") is entered into as of the day of , 2001 by and between THE DEPARTMENT OF OFF-STREET PARKJNG OF THE CITY OF MIAMI ("DOSP"), THE CITY OF MAM.I, a Florida municipal corporation (the "City'), and NOP 1.00 SE 2ND STREET TOWER, LLC, a Delaware limited liability company ("NOP TOWER"). RECITALS A. DOSP, the City of. Miami and C.P. Tower Ltd. entered into a Tower Parking_ Agreement dated July 21, X986, as subsequently assigned (the "Parking Agreement"); B. The Parking Agreement pertains to DOSP. Garage No. 4 and provides parking in connection with that certain lease agreement dated July 1, 1980, originally between the City of Miami (the "City") and Dade Savings and Loan Association (the "Air Rights Lease"); C. The City has agreed to join in the First Amendment to confirm its obligations under Section 24 of the Parking Agreement; D. NOP TOWER has succeeded to the interests of C.P. Tower Ltd. under the larking Agreement; and E. DOSP and NOP TOWER desire to amend the Parking Agreement pursuant to the terms hereof NOW, THEREFORE, in consideration of the premises and other good and valuable consideration, the receipt of which is hereby acknowledged, DOSP and NOP TOWER amend the Parking Agreement as follows: I. Allocated Spaces. The number of Allocated Spaces referenced in Section 1 of the Parking Agreement is hereby amended from five hundred (500) spaces to five hundred sixty-five (565) spaces. 2. Cgpitali7ed Tertns. All initially capitalized terms used herein without being defined herein shall have the meanings ascribed to them in the Parking Agreement. 3, 5Uccessors andsi ns. This First Amendment shall inure to the benefit of and be binding upon the successors and permitted assigns of the parties hereto. 4. Notice. The addresses set forth in Section 17 of the Parking Agreement are hereby modifcd in, their entirety as folloNvs: NOP Tower: National Office Partners Limited Partnership 655 Commercial Street San Francisco, California 9.4111 Attn: Daniel MacEachron Fax: (415) 986-8222 �� 1' 816-� 6VO/S00A M-1 9t119£5S0£+ xV836 SYN36V0 M31408J YI W EO t00Z-ZZ-50 C7 With copies to: Hines Interests Limited Partnership Plaza 55 55 Railroad Avenue Greenwich, Connecticut 06830 Attn: Alan Rubenstein Fax: (203) 422-2.202 Tiff Is Hines interests Limited Partnership Bank of America Tower at International Place 100 Southeast 2nd Street, SWto-1210 Miami, Florida 33131 Attn: Property Manager Fax: (305) 539-7078 and Hines Interests Limited Partnership Five Ravinia Drive Atlanta, Georgia 30346 Attn: Michael Harrison Fax: (770) 206-5325 With copy to: tZelTj Tew Cardenas Rebak Kellogg Lehman DeMaria & Tague, L.L.P. 201 South Biscayne Boulevard Suite 2600 Miami Center Miami, Florida 33131 Attn: Brian Tague, P.A. Fax: (305) 536-1116 City of Miami Department of off -Street Parking 190 N.E. Third Street Miami, Florida 33132 Attn: Art Noriega, Executive Director Fax: 5. Ratification.. As modified hereby, the Parkin,A,greernent is hereby ratified and confirmed and remains in full force and effect. 2_ :P a3 1 110233 916-4 90/900'd 8LO-1 9t119E990£+ YV938 SYNN60 H14AJ N11:£0 1062 -ZZ -50 C7 • IN WITNESS WHEREOF, the parties have caused this First A.mendmetlt be executed as of the date set Forth above. ATTEST: By: Walter Frocman, City Clerk APPROVED AS TO FORM: By: Alejandro Vilarello, City Attorney WITNESSES: Print Name Print Name WITNESSES: Print Name - CITY OF MIAMI, a municipal corporation By: ---- Carlos Jimenez, City Manager By: Mario Soldevilla, Risk Management THE DypARTMENT OF OFF-STREET PARKING OF TIE CITY OF MIAMI By: Name: — Title: NOP 100 SL V4 STRELT TOWEXt, LLC By: National Office partncrs Limited Partne"bip, a Delaware limited partnership, its managing member By: Hines National Officc Partners Limited Partnership, a Texas limited partnership, its general partner By: Hines Fund Managemcnt, L.L.C., a Delaware limited liability compazty, its general partner By: Hines Interests Limited ,Partacrship, a Aelaware limited partnership, its managing member By: Hines Holdings, Inc., a Texas corporation, its general partner By: Daniel MacEacluon, Senior Vice President Print Name (Acknowledgemruts on next page] -3- 916-3 00/100'd 818-1 9lit9E550E+ 1102335 U- 4 Mad SYN308Y3 M3140H NIOEU t00Z-ZZ--50 STAVE OF FLORIDA } SS: COUNTY OF MbkMI-DADS ) The foregoing instrument was acknowledged before nac this d -'Y of , 2001, by as of ' a corporation, on behalf of the corporation. IN WITNESS WIJEREOF, I havc hereunto set my hand and seat in the county and state aforesaid. Notary Public Type, Print or Stamp Name My Commission Expires: STATE OF FLORIDA } ) SS: COUNTY OF MLoWl-DADE ) The foregoing instrument was acknowledged before me this day of 2001, by , as of the Department of Oft Strcet Parking of the City of Miaini, Florida, a municipal corporation under the laws of the State of Florida, on behalf of the municipal corporation. IN WITNESS WHEREOF, I have hereunto set my hand and seal in the county and state aforesaid. Notary Public Type, Print or Stanip Name My Commission Expires: [Acknowledgernezats continued on next page) lZ1e M -A 90/800'd 919-1 91119E990E+ 0 --N % 5VN3aV3 931 -MU 1102335 MWE0 loon—u—So STATE OF FLORIDA ) ) SS: COUNTY OF MIAMI-DADE ) The foregoing instrurnent was acknowledged before me this day of _ �y 2001 by Daniel MacEachron, the Senior Vice President of Hines Holdings, Inc., a Texas corporation, the general partner of Hines Interests Limited Partnership, a Jelaware limited partnership, the managing member of Hines Fund Management, L.L.G., a Delaware limited liability company, the general partner of Hines National Office Partners Limited Partnership, a Texas limited partnership, the general partner of National Office Partners Lirnited Partnership, a Delaware limited parrtrlership, the managing member of NOP 100 SE 2ND STREET TOWER, LLC, who is personally Jolown to me or bas produced a driver's license as identification. Notary Public Type, Print or Stamp Name My Commission Expires: 110233_5 10_ _ _ _4 916-.I M/600A B19-1 91119£950£f XV938 SVN306V3 k31410Nd Sd1l:£0 t00i-1Z-50 MIAMI PARKING AUTHORS' INTER -OFFICE MEMORANDUM TO: Carlos Gimenez City Manager City of Miami FROM: Art Norieg, ExecutiveiDirector Miami Parking Authority 25 DATE: November 28, 2001 SUBJECT: Tower Parking Agreement Please find attached the Tower Parking Agreement and a draft of the Commission resolution. We have been advised that this item has been placed on the City Commission agenda for approval at the December 13, 2001 meeting. If you have any questions, please call me. Attachments cc: Agenda Office Lugena Boles