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HomeMy WebLinkAboutR-87-01991 J-87-194 2/19/87 RESOLUTION NO. 87-199' A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND AMENDMENT TO THE AMENDED AND RESTATED GRAND PRIX AGREEMENT, IN SUBSTAN- TIALLY THE ATTACHED FORM, BETWEEN MIAMI MOTORSPORTS, INC. AND THE CITY OF MIAMI AND PROVIDING FOR THE SATISFACTION OF MIAMI MOTORSPORTS INC.'S OBLIGATION TO PAY FOR THE DESIGN AND CONSTRUCTION OF THE GRAND PRIX RACE CIRCUIT PAVING PROJECT SET FORTH IN RESOLUTION NO. 85-932. WHEREAS, under an agreement between the City of Miami and Miami Motorsports, Inc. dated June 14, 1982, the Miami Grand Prix racing events were staged for three (3) years in Bayfront Park, around Miamarina and along Biscayne Boulevard south of Port Boulevards; and WHEREAS, the City of Miami and Miami Motorsports, Inc. entered into an Amended and Restated Grand Prix Agreement (the "Agreement") on October 16, 1985, relocating and creating a new race circuit through Bicentennial Park, the FEC track, and along Biscayne Boulevard north of Port Boulevards; and WHEREAS, pursuant to the Agreement, the City of Miami is required to pay a $200,000 Impact Fee per year during the term of the Agreement; and WHEREAS, pursuant to the Agreement, Miami Motorsports, Inc. is required to pay the City $25,000 per year for each year the Agreement is in effect, not to exceed $250,000; and WHEREAS, pursuant to Resolution No. 85-932, Miami Motorsports, Inc. is required to reimburse the City for the design and construction of the Grand Prix Race Circuit Paving Project at a rate of $30,000 per year for five (5) years commencing in 1985; and WHEREAS, Miami Motorsports, Inc. is obligated to pay the City a total of $370,000 over the remainder of the term of the Agreement; and WHEREAS, the Second Amendment to the Agreement, which is attached hereto, removes the City of Miami's obligation to pay A CrM COMMISSION ATTACHMENTO MEETING OF FEB 26 1987 8700499 L.CONTAINRI� RESOLUTION No. $200,000 per year Impact Fee in years 1993 and 1994 (totaling a $400,000 Impact Fee` in return for the City of Miami satisfying Miami Motorsports, Inc.'s obligation to pay the City $370,000 over the remainder of the term of the Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Commission hereby authorizes the City Manager to execute a Second Amendment to the Amended and Restated Grand Prix Agreement in substantially the attached form. Section 2. Miami Motorsports, Inc.'s obligation to pay, pursuant to Resolution No. 85-932, the City $30,000 per year for five years for the design and construction of the Grand Prix Race Circuit Paving Project has been satisfied and paid in full. PASSED AND ADOPTED this 26th day of February , 1987• 4� - ; - XAVIER L. SUA W , MAYOR ATTEST: MA TY HIRAI CITY CLERK PREPARED AND APPROVED BY: CHRIS20PHER G. KORGE ASSIS7TANT CITY ATTORN6 APPROVEt^S TO FORM AND CORRECTNESS: LU I A. DO GHERTY CI ATTORNEY CGK/rd/M351 87-199 4- SECOND AMENDMENT TO THE AMENDED AND RESTATED GRAND PRIX AGREEMENT This Second Amendment (the "AMENDMENT") to the Amended and Restated Grand Prix Agreement (the "AGREEMENT") dated October 16, 1985, by and between the City of Miami, a municipal corporation of the State of Florida, (the "CITY") and Miami Motorsports, Inc., a corporation organized and existing under the laws of the State of Florida (the "LICENSEE"). WITNESSETH WHEREAS, LICENSEE and CITY entered into the AGREEMENT dated October 16, 1985, under which the CITY granted LICENSEE a license to use certain park and street property under the control of the CITY subject to certain terms and conditions; WHEREAS, the City Commission by Resolution No. has authorized the City Manager to execute a Second Amendment to the AGREEMENT; and NOW, THEREFORE, for $10.00 and other good and valuable consideration, receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. The foregoing recitals are true and correct and are made a part of this AGREEMENT. 2. CITY and LICENSEE desire to amend and modify as set forth in this AMENDMENT certain rights, obligations and conditions contained in the Amended and Restated Grand Prix Agreement. 3. Unless otherwise specifically modified herein, all such rights, obligations and conditions contained in the Amended and 87�-19!� 87-199 r� t .— Restated Grand Prix Agreement shall remain in full force and effect as stated therein. 4. Paragraph numbered 13, page 8 of the AGREEMENT is hereby deleted and in its place the following words inserted: The parties hereto recognize that the construction and operation of the Bayside Specialty Center in the adjacent Bayfront Park will cause an adverse impact on LICENSEE in terms of its exclusive concessionaire rights and the availability of open space for use by LICENSEE for viewing and pit areas and concession areas. To compensate LICENSEE for such impact, the CITY has paid to LICENSEE, pursuant to the terms of the Amendment, and LICENSEE acknowledges the receipt thereof, the sum of Six Hundred and Fifty Thousand Dollars ($650,000.00) as an Impact Fee and Option Exercise Fee and hereby agrees to pay to LICENSEE an additional amount of Two Hundred Thousand Dollars ($200,000.00)(hereinafter "Impact Fee") per year which includes the Impact Fee and Option Exercise Fee described in the Amended Agreement, for each year of the remaining term of the Agreement, except for year six and seven of the "extension periods" (the CITY will not pay an Impact Fee during years 1993 and 1994), said sum to be paid upon the approval by the City Manager of the scheduled required pursuant to paragraph 38 of this Agreement. _2_ 87-1:99, 87�-199 vlr 5. Paragraph number 17, page 9 of the Agreement is hereby deleted. IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be duly executed and delivered by their respective officers and hereunto duly authorized as of the date first above written. WITNESS: MIAMI MOTORSPORTS, INC., a corporation organized and existing under the law of Florida ATTEST: Matty Hirai City Clerk By President CITY OF MIAMI, FLORIDA, a municipal corporation By Cesar H. Odio City Manager APPROVED AS TO FORM AND CORRECTNESS: By --- Lucia A. Dougherty City Attorney M051/CGK/rd 2/19/87 -3- 87-19 5 87-19K:j CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM TC Honorable Mayor and Members of the City Commission Cesar H. Odio `R`'"' City Manager 0 RECOMMENDATION: DATE February 20, 1987 r,LE SuB_Ec.T Miami Grand Prix RLrEPENCES ENCLOSURES The City Manager be authorized to execute an amendment to the Grand Prix agreement between Miami Motorsports, Inc. and the City of Miami, that will provide for the satisfaction of Miami Motorsports' obligation to pay for the design and construction of the Grand Prix race circuit as set forth in Resolution 85-932. BACKGROUND: Previously the City of Miami and Miami Motorsports, Inc. had an agreement dated June 14, 1982, that provided for the staffing of three annual race events in Bayfront Park. That agreement was amended on October 16, 1985, relocating and establishing a new race circuit through Bicentennial Park and the FEC track. That agreement required the City of Miami to pay Miami Motorsports an impact fee of $200,000 per year during the term of the agreement. Miami Motorsports is to pay the City $25,000 for each year the agreement is in effect up to a maximum of $200,000. Additionally, Resolution 85-932 requires Miami Motorsports to reimburse the City $30,000 per year for five years commencing in 1985. Miami Motorsports' obligations to the City total in excess of $370,000 over the remainder of the term of the agreement. The proposed agreement removes the City of Miami's obligation to pay $200,000 per year in the years of 1993 and 1994 (total $400,000) in return for the City of Miami satisfying Miami Motorsports' obligation to the City of $370,000. 8'7-19V