HomeMy WebLinkAboutexhibit- Amendment AgreementAMENDMENT TO MANAGEMENT AGREEMENT FOR JAPANESE GARDEN ON
WATSON ISLAND
THIS AMENDMENT TO THE MANAGEMENT AGREEMENT FOR THE
JAPANESE GARDEN ON WATSON ISLAND (the "Amendment") is entered into as of the
day of , 2004, by and between the CITY OF MIAMI, a municipal
corporation in the State of Florida, having its offices at 3500 Pan American Drive, Miami,
Florida 33133 (the "City") and Parrot Jungle Island, Inc, a Florida Corporation, ("PJI"), whose
principal office is at 1111 Parrot Jungle Trail, Miami, Florida, 33132.
RECITALS
A. PJI and the City executed an agreement on January 20, 2004, to construct,
maintain, and manage the Ichimura Miami -Japan Garden on Watson Island (the "Original
Agreement");
B. PJI and the City desire to amend the original Agreement and the Agreement
pursuant to the terms hereof.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein, the
City and PJI hereby agree as follows:
1. The following shall be inserted as Section 7 to Article I. The Agreement is hereby
amended to read as follows:
CITY'S CONTRIBUTIONS FOR CONSTRUCTION COST
In the event that the City determines that additional elements should be
constructed at the project and Grant Funds are not sufficient to complete these elements, the City
may, at its sole discretion, provide additional funds, in an amount not to exceed S 115,000, to
construct a concrete wall as a perimeter enclosure for the project.
2. The City and PJI represent to each other as follows:
(a) That each has, and has exercised, the applicable legal requirements
necessary to adopt, execute and deliver this Amendment; and
(b) This Amendment has been duly executed and delivered by each and
constitutes a valid and binding obligation of each enforceable in accordance with its terms,
conditions and provisions; and
(c) The City specifically represents that the execution and delivery of this
Amendment has been duly authorized and is in accordance with and pursuant to all applicable
laws (including without limitation those of the City) and the Constitution of the State of Florida.
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(d) Entire Agreement provision except as amended herein, all of the terms and
provisions of the Agreement for are ratified and reaffirmed and shall remain in full force and
effect.
IN WITNESS WHEREOF, the City has caused this Amendment to be executed in its
name and on its behalf by the City Manager of the City of Miami, Florida, the City Clerk of the
City of Miami, Florida, and PJI as signed as of the date herein first above written.
ATTEST:
Priscilla A. Thompson
City Clerk
APPROVED AS TO RISK
REQUIREMENTS
Dania F. Carrillo, Administrator
Risk Management
Attest:
"City"
CITY OF MIAMI, a municipal corporation
By:
Joe Arriola
City Manager
APPROVED AS TO FORM
AND CORRECTNESS
By:
Alejandro Vilarello
City Attorney
"PJI"
Parrot Jungle Island
By: By:
Print Name and Title:
Bern Levine, DVM, President