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Legislation Miami, FL 33133
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Resolution
File Number: 09-00296 Final Action Date:
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A RESOLUTION OF THE NIIAMI CITY COMMISSION, WITH ATTACHMENT(S),
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AUTHORIZING THE CITY MANAGER TO EXECUTE A FOURTH MODIFICATION
OF THE LEASE AND DEVELOPMENT AGREEMENT IN SUBSTANTIALLY THE
ATTACHED FORM, TO THE LEASE BETWEEN THE CITY OF MIAMI ("CITY")
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AND PARROT JUNGLE AND GARDENS OF WATSON ISLAND, INC. ("PARROT
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JUNGLE"), FOR THE PURPOSE OF GRANTING PARROT JUNGLE A FORTY
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EIGHT (48) MONTH DEFERMENT OF MINIMUM ANNUAL RENT IN THE AMOUNTUJ
OF $400,000, FOR AN AGGREGATE AMOUNT OF $1,600,000, AND ANY =
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PERCENTAGE RENT DUE FROM APRIL 1, 2009 TO MARCH 31, 2013 (THE
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"DEFERRED RENT"), WITH PARROT JUNGLE TO PAY THE DEFERRED RENT Q
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ON OR BEFORE DECEMBER 31, 2020; THIS DEFERRED RENT WILL (1) ALLOWF—
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PARROT JUNGLE TO RETAIN A MINIMUM OF FOUR HUNDRED (400) EXISTINGZ
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FULL-TIME JOBS, (2) SECURE THE CITY'S INTEREST AND OBLIGATION Q
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CINDER THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT LJJ
SECTION 108 LOAN MADE TO PARROT JUNGLE, AND (3) PROTECT THE
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CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING; PROVIDING
FOR A RENT ABATEMENT UNDER CERTAIN CONDITIONS; WITH OTHER
TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID
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MODIFICATION.
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WHEREAS, the City of Miami ("City") entered into a Lease and Development Agreement with
Parrot Jungle and Gardens of Watson Island, Inc. ("Parrot Jungle") on September 2, 1997 for an initial
forty-five (45) year term with a fifteen (15) year option period ("Lease"); and
WHEREAS, on January 9, 2001, Miami -Dade County made a Department of Housing and
Urban Development Section 108 loan to Parrot Jungle in an amount of $25 million for the construction
and operation of the Parrot Jungle and Gardens of Watson Island Project ("HUD Loan"); and
WHEREAS, on July 10, 2007, pursuant to Resolution No. 07-0405, the City Commission
approved an assumption by the City of an eighty percent (80%) interest and obligation in the HUD
Loan; and
WHEREAS, due to unforeseen circumstances, Parrot Jungle has requested that the City grant
it a deferment of Minimum Annual Rent and Percentage Rent for forty-eight (48) months to (1) allow
Parrot Jungle to retain a minimum of four hundred (400) existing full-time jobs, (2) secure the City's
interest and obligation under the HUD Loan, and (3) protect the City's Community Development Block
Grant funding; and
City of Miand Page I of 3
C9- 00291& - Lcy iS /acti otn _s U(5
Printed On: 4/1/2009
File Number. 09-00296
amount of $400,000, for an aggregate amount of $1,600,000, and any Percentage Rent due from April
1, 2009 to March 31, 2013 (the "Deferred Rent"); and
WHEREAS, Parrot Jungle shall pay to the City the Deferred Rent on or before December 31,
2020; and
WHEREAS, if Parrot Jungle pays the HUD Loan in full on or before August 1, 2020, the
Deferred Rent minus $800,000 shall convert to and become a permanent abatement, with the
$800,000 due on or before December 31, 2020; and
WHEREAS, Parrot Jungle acknowledges that the Property is subject to certain restrictions
contained in Deed No. 19447 made by the Trustees of the Internal Improvement Fund of the State of
Florida ("Trustees") to the City dated February 24, 1949, as modified by that Partial Modification of
Deed dated August 18, 1997, as it pertains to the Lease; and
WHEREAS, Parrot Jungle shall remain responsible for any and all payment of state fees and
shall continue to pay such state imposed fees during the Deferred Rent period, as such fees are due
and payable to the Trustees under the Lease and the Modification; and
WHEREAS, Parrot Jungle shall remain responsible for any and all payments of Impositions, as
provided for under Article I, Section 1.2 of the Lease and shall continue to pay such Impositions during
the Deferred Rent period, as such Impositions are due and payable under the Lease and the
Modification; and
WHEREAS, Parrot Jungle has agreed that for all City sponsored events held at Parrot Jungle
and Gardens of Watson Island the fee charged shall be at a reduced negotiated price for a ten (10)
year period from the date of execution of the Modification, and any such City sponsored events shall
be approved by the City Manager and the City's Chief Financial Officer, and shall not be eligible to
receive a booking guarantee until sixty (60) days prior to the event date;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF NIIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted
by reference and incorporated as if fully set forth in this Section.
Section 2. The City Manager is authorized {1} to execute a Modification, in substantially the
attached form, for the purposes set forth herein.
Section 3. The City hereby grants Parrot Jungle a forty-eight (48) month deferment of
Minimum Annual Rent in the amount of $400,000, for an aggregate amount of $1,600,000, and any
Percentage Rent due from April 1, 2009 to March 31, 2013, with said Deferred Rent minus $800,000
to become a permanent abatement if Parrot Jungle pays its HUD Loan in full on or before August 1,
2020, with the $800,000 due on or before December 31, 2020.
Section 4. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor.{2}
THIS DO('l NIENT IS A
SUBSTITUTION TO ORIGINAL
BACKUP. ORIGINAL CAN BE SEEN
AT THE END OF THIS DOCUMENT.
City of Miami Page 2 of 3 Printed On: 4/1/2009
•
File Number: 09-00296
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRU
CITY ATTORNEY,
Footnotes:
{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.
{2}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. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission
THIS DOCUMENT IS A
SUBSTITUTION TO ORIGINAL
BACKUP. ORIGINAL CAN BE SEEN
AT THE END OF THIS DOCUMENT.
City of Miami Page 3 of 3 Printed On: 4/1/2009
File Number: 09-00296
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:
A RESOLUTION, OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
AUTHORIZING THE CITY MANAGER TO EXECUTE A FOURTH MODIFICATION
OF THE LEASE AND DEVELOPMENT AGREEMENT ("AGREEMENT"), IN
SUBSTANTIALLY THE ATTACHED FORM, WITH PARROT JUNGLE AND
GARDENS OF WATSON ISLAND, INC. ("PARROT JUNGLE"), A FLORIDA FOR
PROFIT CORPORATION, FOR THE PURPOSE OF GRANTING A FORTY EIGHT
(48) MONTH DEFERMENT OF ANNUAL MINIMUM RENT IN THE AMOUNT OF
$400,000.00 FOR AN AGGREGATE OF $1,600,000.00 AND PERCENTAGE RENT
COMMENCING APRIL 1, 2009 TO MARCH 31, 2013 (THE "DEFERRAL PERIOD"),
PAYMENT OF THE DEFERRED RENT INCLUSIVE OF PERCENTAGE RENT AND
TAXES IS DUE ON OR BEFORE DECEMBER 31, 2020; THIS DEFERMENT WILL
ALLOW PARROT JUNGLE TO RETAIN A MINIMUM OF 400 JOBS AND TO
SECURE THE CITY'S INTEREST AND OBLIGATION UNDER THE DEPARTMENT
OF HOUSING AND URBAN DEVELOPMENT ("HUD") SECTION 108 LOAN MADE
TO PARROT JUNGLE AND PROTECT ITS COMMUNITY DEVELOPMENT BLOCK
GRANT ("CDBG") FUNDING; WITH OTHER TERMS AND CONDITIONS AS
MORE PARTICULARLY SET FORTH IN SAID AGREEMENT.
WHEREAS, the City of Miami ("City") entered into a Lease and Development Agreement with
Parrot Jungle and Gardens of Watson Island, Inc. ("Parrot Jungle") on September 2, 1997 for an initial
45 year term with a 15 year option period; and
WHEREAS, due to unforeseen circumstances, Parrot Jungle has requested that the City grant
it a deferment of Minimum Annual Rent and Annual Percentage Rent for forty-eight (48) months in
order to retain existing jobs and secure the City's interest and obligation under the HUD 108 loan
made to Parrot Jungle and protect the City's CDBG entitlement; and
WHEREAS, the City is willing to modify the terms of the Lease to defer the Annual Minimum
Rent in the amount of $400,000.00 for an aggregate of $1,600,000.00 and Percentage Rent
commencing on April 1, 2009 to March 31, 2013; and
WHEREAS, the payment of the deferred rent inclusive of percentage rent and taxes is due on
or before December 31, 2020; if Parrot Jungle pays its HUD 108 loan in full by no later than December
31, 2020, the Deferred Rent (for the Deferral Period) shall convert to and become a permanent
abatement; and
WHEREAS, Parrot Jungle acknowledges that the Property is subject to certain restrictions
contained in Deed No. '19447 made by the Trustees of the Internal Improvement Fund of the State of
Florida ("Trustees") to the City dated February 24, 1949, as modified by that Partial Modification of
Deed dated August 18, 1997 as it pertains to the Lease; and
WHEREAS, Parrot Jungle shall remain responsible for any and all payment of state fees and
City of Miami Page 1 of 2 Printed On: 312512009
#UBSTITUTED •
�.1S OR
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City of Miami
"I..."'Z'l
Legislation
Resolution
File Number: 09-00296
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:
A RESOLUTION, OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
AUTHORIZING THE CITY MANAGER TO EXECUTE A FOURTH MODIFICATION
OF THE LEASE AND DEVELOPMENT AGREEMENT ("AGREEMENT"), IN
SUBSTANTIALLY THE ATTACHED FORM, WITH PARROT JUNGLE AND
GARDENS OF WATSON ISLAND, INC. ("PARROT JUNGLE"), A FLORIDA FOR
PROFIT CORPORATION, FOR THE PURPOSE OF GRANTING A FORTY EIGHT
(48) MONTH DEFERMENT OF ANNUAL MINIMUM RENT IN THE AMOUNT OF
$400,000.00 FOR AN AGGREGATE OF $1,600,000.00 AND PERCENTAGE RENT
COMMENCING APRIL 1, 2009 TO MARCH 31, 2013 (THE "DEFERRAL PERIOD"),
PAYMENT OF THE DEFERRED RENT INCLUSIVE OF PERCENTAGE RENT AND
TAXES IS DUE ON OR BEFORE DECEMBER 31, 2020; THIS DEFERMENT WILL
ALLOW PARROT JUNGLE TO RETAIN A MINIMUM OF 400 JOBS AND TO
SECURE THE CITY'S INTEREST AND OBLIGATION UNDER THE DEPARTMENT
OF HOUSING AND URBAN DEVELOPMENT ("HUD") SECTION 108 LOAN MADE
TO PARROT JUNGLE AND PROTECT ITS COMMUNITY DEVELOPMENT BLOCK
GRANT ("CDBG") FUNDING; WITH OTHER TERMS AND CONDITIONS AS
MORE PARTICULARLY SET FORTH IN SAID AGREEMENT.
WHEREAS, the City of Miami ("City") entered into a Lease and Development Agreement with
Parrot Jungle and Gardens of Watson Island, Inc. ("Parrot Jungle") on September 2, 1997 for an initial
45 year term with a 15 year option period; and
WHEREAS, due to unforeseen circumstances, Parrot Jungle has requested that the City grant
it a deferment of Minimum Annual Rent and Annual Percentage Rent for forty-eight (48) months in
order to retain existing jobs and secure the City's interest and obligation under the HUD 108 loan
made to Parrot Jungle and protect the City's CDBG entitlement; and
WHEREAS, the City is willing to modify the terms of the Lease to defer the Annual Minimum
Rent in the amount of $400,000.00 for an aggregate of $1,600,000.00 and Percentage Rent
commencing on April 1, 2009 to March 31, 2013; and
WHEREAS, the payment of the deferred rent inclusive of percentage rent and taxes is due on
or before December 31, 2020; if Parrot Jungle pays its HUD 108 loan in full by no later than December
31, 2020, the Deferred Rent (for the Deferral Period) shall convert to and become a permanent
abatement; and
WHEREAS, Parrot Jungle acknowledges that the Property is subject to certain restrictions
contained in Deed No. '19447 made by the Trustees of the Internal Improvement Fund of the State of
Florida ("Trustees") to the City dated February 24, 1949, as modified by that Partial Modification of
Deed dated August 18, 1997 as it pertains to the Lease; and
WHEREAS, Parrot Jungle shall remain responsible for any and all payment of state fees and
City of Miami Page 1 of 2 Printed On: 312512009
SUBSTITUTED 0
File Number. 09-00296
shall continue to pay such state imposed fees during the Deferral Period that is due and payable to the
Trustees under this Fourth Modification of the Lease; and
WHEREAS, Parrot Jungle has agreed that for all City of Miami sponsored events held at Parrot
Jungle and Gardens of Watson Island the fee charged shall be "at cost" for a ten (10) year period from
the date of execution of the Agreement;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted
by reference and incorporated as if fully set forth in this Section.
Section 2. The City Manager is authorized {1) to execute an Agreement, in substantially the
attached form, for said purpose.
Section 3. The City hereby grants Parrot Jungle a 48 month deferment of Annual Minimum
Rent in the amount of $400,000.00 for an aggregate of $1,600,000.00 and the annual Percentage
Rent commencing April 1, 2009 to March 31, 2009, with said deferred Annual Minimum Rent and
Annual Percentage Rent to become a permanent abatement if Parrot Jungle pays its HUD 108 loan in
full by December 31, 2020.
Section 4. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor.{2)
APPROVED AS TO FORM AND CORRECTNESS:
JULIE BRU
CITY ATTORNEY
Footnotes:
(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
(2) 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. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission
City of Miand Page 2 of 2 Printed On: 312512009