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HomeMy WebLinkAboutExhibitAMENDMENT NO. 1 TO GRANT DISBURSEMENT AGREEMENT This Amendment No. 1 ("Amendment") to the Grant Disbursement Agreement ("Agreement") dated , 2009, is made this day of , 2010 by and between MiMo Business Improvement Committee, Inc., a not for profit Florida corporation, having its principal place of business at 7100 Biscayne Boulevard, Suite 102, Miami, Florida 33138, and the City of Miami, a municipal corporation of the State of Florida, having its principal place of business at 3500 Pan American Drive, Miami Florida 33133 ("City"). RECITAL WHEREAS, Business Improvement Districts, ("BIDs") have been used throughout the country as a successful tool to fund supplemental services and capital improvements to an area through a self assessment; and WHEREAS, the City has successfully transformed a business improvement committee into a business improvement district in Coconut Grove; and WHEREAS, the Miami Modern ("MiMo")/Biscayne Boulevard Historic District was designated in 2006 on Biscayne Boulevard from 50th street north to 77th street to preserve and protect the 1950's -era architecture along the business corridor; and WHEREAS, the MiMo Business Improvement Committee, Inc. ("MiMo BIC"), a private corporation was formed to "create a business improvement district that will revitalize Miami's historic MiMo Biscayne Boulevard"; and WHEREAS, the MiMo BIC's purpose includes exploring and defining proposed BID boundaries, determining baseline and supplemental services, and educating and preparing property owners to support an affirmative vote creating a BID; and WHEREAS, the City Commission, on May 14, 2009, by Resolution R09-0226 authorized a grant to MiMo BIC of $100,000 to allow it to accomplish the purposes for which it was established; and WHEREAS, the MiMo BIC is nearing completion of the process of forming the MiMo BID; and WHEREAS, the City continues to support this purpose and approves additional funding in the amount of $50,000 to be designated as a valid use of public funds, providing the MiMo BIC the funds necessary to complete the formation of a BID; WHEREAS, the MiMo BIC and the City desire to amend the Agreement to provide for additional funds; 1 174219 NOW, THEREFORE, for and in consideration of the MiMo BIC's successful completion of forming the MiMo BID and the reciprocal agreements set forth herein, the MiMo BIC and the City agree as follows: ARTICLE I DISBURSEMENT PROCEDURE 1. Article 1.2 of the Agreement is hereby amended to include additional language as follows: 1.2. (b) On or before June 15, 2010, the City shall disburse an additional $50,000 of the Grant Funds to RECIPIENT representing the costs necessary for the completion of the PROJECT. ARTICLE 11 MISCELLANEOUS 2. Article 2.1 of the Agreement is hereby amended as follows: 2.1 Entire Agreement. This Agreement and Amendment Number 1 to the Agreement constitutes the entire agreement between the parties hereto and no other agreements or representations, unless incorporated in this Agreement, shall be binding upon any of the parties hereto. The parties acknowledge and agree that except as specifically modified hereby, all of the provisions of the Agreement which are not in conflict with the terms of this Amendment shall remain in full force and effect. IN WITNESS WHEREOF, this Agreement has been executed by the RECIPIENT and the City on the date first above written. M BARBARA B. GIMENEZ SECRETARY (CORPORATE SEAL) WM RECIPIENT: MiMo Business Improvement Committee, Inc., a Florida not for profit corporation 7100 Biscayne Boulevard, Suite 102 Miami, FL 33138 SINUHE VEGA, PRESIDENT PRESIDENT ATTEST: PRISCILLA A.THOMPSON CITY CLERK APPROVED AS TO INSURANCE REQUIREMENTS: LEEANN BREHM RISK MANAGEMENT -3- CITY OF MIAMI, a municipal corporation of the State of Florida: BY: CARLOS A. MIGOYA CITY MANAGER APPROVED AS TO FORM AND CORRECTNESS: JULIE O. BRU CITY ATTORNEY