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HomeMy WebLinkAboutChanges to Stadium Agreements 2-12-09 V1!i p. I Ogt3loci A41 ,. CHANGES TO STADIUM AGREEMENTS (2/12/09) I. CONSTRUCTION ADMINISTRATION AGREEMENT 1. Section 3.8 (m) (page 25). This section is amended to clarify the obligations to each party in the event Hunt/IVloss is not chosen as the Construction Manager for public infrastructure. In such event: "(i) the Stadium Developer shall have no obligations or responsibilities under this Agreement to the manage the design or construction_ of the Public Infrastructure Work, (ii) all references in this Agreement to such obligations or responsibilities shall be deemed to be obligations and responsibilities of the Government Parties for the design and the management of the-desigR @Rd construction of the Public Infrastructure Work, (iii) any Public Infrastructure Delay and Scheduling Overrun shall be considered a Governmentally Caused Overrun except for those cost overruns arising from delays resulting from the performance by the Architect for the Baseball Stadium of its obligations under the Architect Contract relating to the Baseball Stadium Work, (iv) the Stadium Developer shall not have to make the $1,000,000 contribution to Public Infrastructure Costs referenced in Sections 3.8(a) and 6.4(a)(ii), and such contribution shall instead fund the Stadium Project Costs, (v) the respective contributions of the Government Parties in Sections 6.2 and 6.3 shall each be decreased by 5500,000, and (vi) the Parties shall amend this Agreement to require the Government Parties to be responsible for the design and the management of the deli—�,gR a d construction of the Public Infrastructure Work, subject to terms and conditions aseeptable 49 approved by the Stadium Developer, the Board and the Commission, including, but not limited to, necessary amendments to the Preliminary Milestones Schedule-; provided, however, if such amendment is not, or will not be, effective on or before June 1, 2009, the Board, at a publicly noticed meeting, shall consider terminating this Agreement in accordance with Section 2. Section 11.1.1 (page 64). This Section is amended to clarify that the City's right to terminate for Convenience by June 30, 2009 can be exercised only by City Commission action. The following sentence is added after the first sentence of said section: "Any Party shall have the right at any time prior to July 1, 2009, by written notice to the other Parties, to terminate this Agreement without cause and/or for the Party's convenience. In the case of the City, such termination shall be exercised only after approval by the Commission. a9- 00132- C �avy3eS -�o SficJi u`-, 99reev,)cA3 Z I 12101 I1. CITY PARKING AGREEMENT: 1. Section 5.1 (page 12). This Section is amended to clarify that the City will operate the Parking Facilities through MPA or a third party manager. The first sentence is amended as follows: "Subject to Article VI and the other terms of this Agreement, the City, through MPA or, in the event MPA declines to operate the Parking Facilities, through a Third Party Manager, as provided in Section 5.6, shall have the exclusive right, authority and responsibility to operate, manage, maintain and control the Parking facilities on a year-round basis. 2. Section 5.6 (page 14). The first sentence of this Section is amended as follows: "In the event MPA declines to operate the Parking Facilities, the City may retain a third party with experience in the management of........" 3. Section 8.3 (pages 21-22). Amended this paragraph to change the references to the MSEA CDT Interlocal to the new CDT Interlocal Agreement as follows: Notwithstanding anything to the contrary in this Agreement or the other Stadium Agreements, so long as the County continues to perform its obligations under the Interlocal GeepeFatien Agreement dated Deeember 14, z984,—@Mens between the County and the City relating to the disposition of Convention Development Tax receipts for the Ballpark Project amd the mai -Spm €wlgihit-ie ; Authepity, as ameRded (the "CDT ""� Interlocal") even while in default under this Agreement, any recovery of damages by the City against the County under this Agreement shall be offset by any amounts the County is obligated to remit to the City pursuant to the "41SEA CDT Interlocal. Alternatively, if the City elects to recover and is awarded damages against the County which include the amount the County is obligated to remit to the City pursuant to the CDT ""� Interlocal, the County shall be relieved of its funding obligations under the CDT N4S€A Interlocal as of the judgment date. 4. Section 11.9(c) (page 30). This subsection is amended to clarify that the City has the right to assign to MPA the right to operate the Parking Facilities without the other parties' approval. The following phrase is added at the beginning of subsection (c): "Other than a Transfer of the Citv's rights and obligations regarding the operation of the Parking Facilities to the MPA, the City and the County shall not Transfer this Agreement or any of their rights hereunder, and the City shall not Transfer its ownership of the Parking Premises, without the prior written consent of the Stadium Operator".