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HomeMy WebLinkAboutR-89-0514J--89-332 5/11/89 RESOLUTION NO. A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THAT CERTAIN LEASE AND DEVELOPMENT AGREEMENT ("LEASE") BETWEEN INDIAN RIVER INVESTMENTS OF MIAMI, INC. ("DEVELOPER") AND THE CITY OF MIAMI, ("CITY") DATED JUNE 15, 1988, IN SUBSTANTIALLY THE FORM ATTACHED, SPECIFICALLY MODIFYING SECTION 2.5 OF SAID LEASE TO CHANGE THE RENTALS PAYABLE AND THE MANNER IN WHICH SUCH RENTALS ARE COMPUTED IN ORDER TO ASSIST THE DEVELOPER IN COMPLYING WITH THE CRITERIA FOR PROVIDING INSURED LOANS ESTABLISHED BY THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ("HUD"). WHEREAS, the City and Developer entered into a Lease and Development Agreement on June 15, 1988 for the development of condominiums on Block 46 of the Southeast Overtown/Park West Redevelopment Project; and WHEREAS, HUD has required modifications to Section 2.5 of the Lease, thereby changing the amount of rentals payable to the City and the manner in which such rentals are computed, as a prerequisite to providing insured loans to prospective condominium owners; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to execute an amendment to the Lease and Development Agreement between Indian River Investments of Miami, Inc. (Developer) and the City of Miami, dated June 15, 1988, in substantially the form attached, specifically modifying Section 2.5 of said Lease to change the rentals payable and the manner in which such rentals are computed in order to assist the Developer in complying with the criteria for providing insured loans established by the U.S. Department of Housing and Urban Development. CITY COMMISSION MEETING OF JUN 7 1969 ESOLUTION No. EMARKS: Section 2. This Resolution shall become effective immediately upon adoption pursuant to law. PASSED AND ADOPTED this 7tb day of June r 1989. AVIER L. S.0 EZ, MAYOR ATY CITY CLERK PREPARED AND APPROVED BY: ,e -V LINDA K. KEARSON ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: jo - E -I?.- FEINANDEZ CITY ATTORY LKK/pb/bss/M997 U1 41 This is an Amendment to the Lease and Development ,Agreement hereinafter ("Lease") dated June 15, 1988 by and between the City of Miami, a municipal corporation of the State of Florida (hereinafter "CITY"), and Indian River Investment of Miami, Inc., general partner for Poinciana village of Miami, Ltd. a Florida Limited Partnership (hereinafter "Developer"). WHEREAS, the parties hereto agreed that changes to the Lease would be mutually agreed upon and incorporated in writing to the original lease. NOW, THEREFORE, the parties agree to amend the Lease as follows: Article II, Section 2.5 (a) Rentals Payable shall be amended to read: "Developer and/or condominium Association covenants and agrees to pay the City during the Lease term, as rental ("Rental") for the property in its possession, an Annual Basic Rental as follows: (i) Five thousand dollars ($5,000) for each of the first three Rental Years following the Rent Commencement Date; and (ii) Ten thousand six hundred twenty five dollars ($10,625) per year for Rental Years 4 through 6; and (iii) Sixteen thousand two hundred fifty dollars ($16,250) per year for Rental Years 7 through 10; and (iv) Twenty one thousand eight hundred seventy five dollars ($21,875) per year for Rental Years 11 through 14; and (v) Twenty seven thousand five hundred dollars ($27,500) per year for Rental Years 15 through 20; and (vi) Thirty three thousand one hundred twenty five dollars ($33,125) per year for Rental Years 21 through 24; and (vii) Thirty three thousand seven hundred fifty one dollars ($33,751) per year for Rental Years 25 through 34; and I (viii) Commencement of Year 35 the property shall be reappraised to determine the rentals payable for Rental Years 35 through the expiration of lease term. It is further understood that all conditions outlined under the original Lease dated June 15, 1988, as amended, shall remain in full force and effect without modification except to the extent modified herein. WITNESS our hands and seals this day of , 1989. THE CITY OF MIAMI, a municipal corporation of the State of ATTEST: Florida MATTY HIRAI City Clerk ATTEST: Corporate Secretary APPROVED AS TO FORM AND CORRECTNESS: JO GEL, �FER ANDEZ City Attorne LKK/pb/M186 4/19/89 By CESAR H. ODIO City Manager INDIAN RIVER INVESTMENTS OF MIAMI MIAMI, INC., a general partner for Poinciana Village of Miami, Ltd. a Florida Limited Partnership By TED WEITZEL, President y 4• _1 L DE :. CIT V Io Miami, 10th of April 1989 The Honorable Mayor Xavier Suarez and Members of the City Council of Miami, Florida. Honorable Mayor and Commissioners. >s 1;AY -4 Pli 1: 30 The undersigners,Cesar Lands y Benito Alonso-Artigas, professional newswriters and members of the Cuban Autentic Revolutionary Party, are respecfully reques- ting from the Honorable Commission of the City of Miami, to take the initiative steps to named northwest 2nd street from biscayne boulevard to the Miami river, "Padre O'Farrill". As most of you will remember the Catholic Hispanic Center was located on that street, where so many humanitarian assistance was ministered to the first influx of cuban exiles, fleing the Marxist regime. We believe that this is a just petition and respectfully request your attention to the excellent qualities and merits of this cuban priest and patriot, being the second catholic priest to be forced to leave Cuba on December 7,1959. From the beginning of his exile years, fry Ramon O'Farrill y del Canal, denoun- ced the crimes being committed in Cuba by the communists to the Uniced Nations, the U.S. Congress, to the Organization of American States and to all human rights organitazions through -out the world. All this was carried out regardless the many threats and.persecutions, even in the U.S., from ordained ministers and members of institutions which were in support of Fidel Castro's dictatorial re- gime. This man of God, also dedicated his time to aid and assist his comrades living in the U.S. and those wanting to escape to freedom. Fr. Ramon O'Farrill y del Canal has proven with his work to be a true and de- dicated evangelist and a man who believes in freedom and human rights. We feel that a man who has given so much deserves this recognition, specially now when his poor health condition may receive it as the wonder drug to boost his weake- ned life. We remain respectfully yours, 1 Cesar L 10382L,A.W. 25 St Miami, F1 33165 Tel: 552-0530 cc: Mr. Cesar Odio. to A_ xtat• rti.gas CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM : Cesar H. Odio City Manager RECOMMENDATION: DATE : MAY 3 m 1989 FILE SUBJECT : Lease Amendment 2 With Indian River Investments, of Miami, Inc. REFERENCftr the City Commission Meeting of 06/07/89 ENCLOSURES: It is respectfully recommended that the City Commission adopt the attached resolution authorizing the City Manager to execute an amendment to that certain lease and development agreement between Indian River Investments of Miami, Inc. and the City of Miami dated June 15, 1988, in substantially the form attached, specifically modifying Section 2.5 of said lease and development agreement to change the rentals payable and the manner in which such rentals computed in order to assist the developer in complying with the criteria for providing insured loans established by the U.S. Department of Housing and Urban Development. • BACKGROUND: The Department of Development recommends that the City Commission authorize the City Manager to execute an amendment to the Lease and Development Agreement between the Indian River Investments of 3 Miami, Inc. and the City. The City and the Indian River. Investments of Miami, Inc. entered into a Lease and Development Agreement on June 15, 1988 for the development of condominiums on Block 46 of the S.E. Overtown/Park West Redevelopment Project. The developer applied to the U.S. Housing and Urban Development (HUD) to qualify for the. insured loan program for the prospective condominium owners. The U.S. HUD has requested certain modifications in the Lease and Development Agreement to satisfy the guidelines established by the agency. Attachments: Proposed Resolution Amendment #2