HomeMy WebLinkAboutR-86-0709F-
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3 J--86-700
RESOLUTION NO. 86S
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO EXECUTE AN AMENDMENT, IN SUBSTANTIALLY
THE FORM ATTACHED HERETO, TO SECTIONS 1,
3, 7, 8, 10 AND 11 OF THE LEASE AGREEMENT
DATED DECEMBER 20, 1974, BETWEEN THE CITY
OF MIAMI AND THE ORANGE BOWL COMMITTEE,
FOR USE OF THE WAREHOUSES LOCATED AT NW
11 AVENUE AND NW SOUTH RIVER DRIVE, TO
PROPERLY REFLECT THE INTENTIONS OF THE
PARTIES WITH RESPECT TO RISK OF LOSS AND
USE OF THE DEMISED PREMISES.
WHEREAS, CITY and ORANGE BOWL COMMITTEE entered into a lease
agreement dated December 20, 1974, for the Third Addition of the
Warehouse, to provide a rental sufficient for the payment of the
principal of and the interest on the Bonds to be issued to
finance the construction of the Third Addition of the Warehouse;
and
WHEREAS, Orange Bowl Committee has requested an amendment to
the lease agreement dated December 20, 1974, to eliminate any
responsibility on its part for loss, injury or damage of any kind
or nature whatsoever to any building or other structure on the
demised premises, inasmuch as the warehouses thereon are included
under City's master all-risk insurance policy; and
WHEREAS, both parties agree that certain other provisions of
said lease agreement dated December 20, 1974 should be modified
as well to properly reflect the intention of the parties;
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, in substantially the form attached hereto, to
Sections 1, 3, 7, 8, 10 and 11 of the lease agreement dated
December 20, 1974, between the City of Miami and the Orange Bowl
Committee.
2
All other terms and conditions of said lease agreement
remain unchanged and are in full force and effect.
PASSED AND ADOPTED this filth
ATTE *&
day of g ► 1986.
XAVIER L. SUARE
MAYOR
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AGRRWIMV DATHO DINCIRNPOR 20f A974
THIS AMENDMENT made and entered into this day of
, 1906 amending a lease agreement dated December
20, 1974, (hereinafter "LEASE"), between the CITY OF MIAMI, a
Municipal Corporation of the State of Florida, (hereinafter
"CITY" or "LESSOR"), and the ORANGE BOWL COMMITTEE, INC., a
Florida corporation not for profit, (hereinafter "LESSEE").
R E C I T A L
WHEREAS, on May 5, 1970, CITY and LESSEE entered into a
lease agreement whereby the CITY agreed to issue its revenue
bonds to pay the cost of constructing a Second Addition of the
Warehouse and to lease the then -existing warehouse and the Second
Addition of the Warehouse, located at NW llth Avenue and NW South
River Drive, to LESSEE from December 1, 1969 to and including
November 30, 1984; and
WHEREAS, the bonds for the Second Addition of the Warehouse
have been retired and the lease agreement for same expired
November 30, 1984; and
WHEREAS, CITY and LESSEE entered into LEASE dated December
20, 1974, for the Third Addition of the Warehouse located at NW
llth Avenue and NW South River Driver to provide a rental
sufficient for the payment of the principal of and the interest
on the Bonds to be issued to €finance the construction of the
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Third Addition of the Warehouse, which shall terminate on
December 19, 1989; or, if longer, until the full payment of the
principal of and interest on the Bonds to be issued; and
WHEREAS, LESSEE has requested an amendment to LEASE dated
December 20, 1974, to eliminate any responsibility on its part
for loss, injury or damage of any kind or nature whatsoever to
any building or other structure on the d6mised premises, inasmuch
as the warehouses thereon are included under CITY's chaster all-
risk insurance policy: and
WHRREAS, both parties agree that certain other provisions of
said LEASE dated December 20, 1974 should be modified as well to
properly reflect the intention of the partiesi
NOW THEREFORE, the parties hereby agree to amend LEASE dated
December 20, 1974 which shall, be amended and modified as follows:
(A) Section 1 of LEASE is deleted and the following
language is inserted in its place:
The City does hereby lease to LESSEE the Warehouse
facility at Sportman's Park, located at N.W. llth
Avenue and N.W. South River Drive, which premises are
more fully described as follows, to wit:
Tracts A and B, of Sportman's Park Section "B",
according to the Plat thereof, as recorded in Plat Book
55 at page 30 of the Public Records of Dade County,
Florida.
(B) Section 3 of LEASE shall be modified by the addition of
the following language at the end of said Section:
In addition, LESSEE agrees to pay CITY the sum of
$15,000 per year as additional rent for the use of the
premises known as the Orange Bowl Committee Warehouse.
(C) Section 7 of LEASE shall be modified by.the addition of
the following language at the end of said Section: Z,Y
"... except for those required of CITY in connection
with its responsibility for all loss or damage to the
buildings or structures on the demised premises as a
result of fire, windstorm or other casualty covered
under CITY's mastW all-risk insurance policy.
(D) Section S of LEASE is deleted and the following
language is inserted in its place:
LESSEE agrees to assume all risk of loss, injury or
damage of any kind or nature whatsoever to the contents
of such buildings only, and to any goods, merchandise,
chattels or any other property now or that may
hereafter be upon said demised premises whether
belonging to LESSEE or others, whether• such loss,
injury or damage results from fire or other agency, and
whether the same be caused by the negligence of CITY or
any of its employees or agents, or otherwise, and to
save and keep harmless CITY from all claims and suits !_
growing out of any such loss, injury or damage. in the
event the Premises shall be destroyed or so damaged or
injured by fire or other casualty during the life of
this agreement whereby the same shall be rendered
untenantable, then CITY shall make its best effort to
render said Premises tenantable by making all required
repairs as soon thereafter as possible. In any such
event, the $15,000 additional rent annual payment will
be abated on a pro-rata basis so that no,such rent will
be due or payable for the period commencing on the
first day of the first month thereafter through the end
of the month during which time the structure is once
again made tenantable.
(E) Section 10 of LEASE shall be modified by the addition
of the following language at the end of said Section:
CITY recognizes however, that the services provided by
Vaughn Parades is an intricate part of the production
activities provided by LESSEE for the "King Orange
Parade" and other events of the Orange Bowl Festival,
and as such Vaughn Parades shall have the right to use
warehouse space as agreed to by LESSEE.
(F) Section 11 of LEASE is deleted and the following
language is inserted in its place:
CITY will include the improvements on the demised
premises under its master all-risk insurance policy.
LESSEE agrees that it will pax to CITY a pro rata
amount of CITY's master all-risk insurance policy for
the premises herein demised, and LESSEE agrees to pay
that portion of the annual premium that the 100 percent
I
replacement valme bears to the total annual premium as
established by the Director of Finance, LESSEE shall
pay said pro rcata amount to CITY within twenty (20)
days afters notice is Mailed to its address as set forth
herein. Said insurance payment shall be in addition to
any and all other payments to be made by LESSEE as set'
forth In this Lease.
LEASE entered into on the 20th day of December, 1974,
remains in full force and effect and shall not be deemed to be
repealed, amended, or modified in any manner whatsoever except as
hereinabove specifically provided.
IN WITNESS WHEREOF, the parties hereto have executed this
Amendment NO. 1 by and through their proper corporate officials
as of the day and year first above written.
ATTESTS ORANGE BOWL COMMITTEE, INC.,a
non-profit Florida Corporation,
LESSEE,
By•
Corporate Secretary
(SEAL)
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