HomeMy WebLinkAboutexhibitTWENTY SECOND AMENDMENT TO AGREEMENT
THIS TWENTYSECOND AMENDMENT ("Amendment") to the agreement by and
between Tina Hills, an unmarried widow, and her husband Lee Hills, deceased,
("BENEFACTORS") and the City of Miami ("City*') dated as of December 17, 1985,
("Agreement") governing grant for construction of seven Play Sculptures to be situated in
Mildred and Claude Pepper Bayfront Park, Miami, Florida is entered into by and between Tina
Hills and the City on this day of , 2003.
WITNESSETH
WHEREAS, the Agreement provides that as a condition of the grant, the City must
complete construction of the Play Sculptures (as defined in the Agreement) prior to January 31,
1989; and
WHEREAS, the A greement further s ets forth t he c ondition t hat i n t he e vent the P lay
Sculptures are not completed prior to January 31, 1989, the escrow agent, referred to in the
Agreement, shall transfer the grant to the Dade Community Foundation to be held and used by
the Dade Community Foundation through its Lee & Tina Hills Fund; and
WHEREAS, that certain agreement dated February 10, 1986, between Pan American
Bank, N.A., (the "Escrow Agent") and the City provides that in the event the City does not
satisfy any material condition of the Escrow Agreement prior to January 31, 1989, Escrow. Agent
shall transfer the grant plus all accrued interest to the Dade Community Foundation to be held
and used by the Dade Community Foundation through its Lee and Tina Hills Fund (the "Escrow
Agreement"); and
WHEREAS, by prior agreement of the parties, the time limitation regarding construction
of the Play Sculptures has been extended to December 31, 2002, and the parties now desire to
extend such conditions to December 31, 2004.
NOW, THEREFORE, the parties hereto covenant and agree as follows:
1 The recitals and findings contained in the Preamble to this Amendment are hereby
adopted by reference thereto and incorporated herein as if fully set forth in this section.
2. The Agreement is hereby amended to provide that the City shall have to and
including December 31, 2004, in which to complete the construction of the seven Play Sculptures
in accordance with the terms of the Agreement.
3. All other provisions of the Agreement shall remain unmodified and are in full
operative force and effect.
IN WITNESS WHEREOF, Tina Hills and the City have caused this Amendment to the
Agre ent to b - . I executed as of the above written date.
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ATTEST:
'LL
TINA HILLS
CITY OF MIAMI, a municipal corporation
of the State of Florida
PRSCILLA THOMPSON JOE ARRIOLA
CITY CLERK CITY MANAGER
APPROVED AS TO FORM & CORRECTNESS:
ALEJANDRO VILARELLO ADMINISTRATOR
CITY ATTORNEY RISK MANAGEMENT.
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