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Resolution: R-09-0178
File Number: 09-00296
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 4/2/2009
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
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") AND
PARROT JUNGLE AND GARDENS OF WATSON ISLAND, INC. ("PARROT
JUNGLE"), FOR THE PURPOSE OF GRANTING 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 (THE
"DEFERRED RENT"), WITH PARROT JUNGLE TO PAY THE DEFERRED RENT ON
OR BEFORE DECEMBER 31, 2020; THIS DEFERRED RENT WILL (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 DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SECTION 108
LOAN MADE TO PARROT JUNGLE, AND (3) PROTECT THE 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 MODIFICATION.
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 1 of 3 File Id. 09-00296 (Version: 3) Printed On: 6/5/2017
File Number: 09-00296 Enactment Number: R-09-0178
WHEREAS, the City, through a Fourth Modification of the Lease and Development
Agreement ("Modification"), is willing to modify the terms of the Lease to defer the 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 (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 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 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}
City of Miand Page 2 of 3 File Id. 09-00296 Mersion: 3) Printed On: 6/5/2017
File Number: 09-00296
Footnotes:
Enactment Number: R-09-0178
{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 Miami Page 3 of 3 File Id. 09-00296 (Version: 3) Printed On: 6/5/2017