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HomeMy WebLinkAboutexhibitTHIRD AMENDMENT TO OPERATING AGREEMENT FOR WATSON ISLAND, PARING OPERATIONS THIS THIRD AMENDMENT TO OPERATING AGREEMENT FOR WATSON ISLAND PARKING OPERATION (the "Third Amendment") is entered into as of the day of 2005, by and between the CITY OF .MAAMI, a municipal corporation in the State of Florida, having its offices at 3500 Pan American Drive, Miami, Florida 33133 (the "City") and the DEPARTMENT OF OFF-STREET PARKING OF THE CITY OF MIAMI ("DOSP"), an agency and instrumentality of the City of Miami, whose principal office is at 190 N.E. 34 Street, Miami,. Florida, 33132. t.ECITALS A. The City and DOSP executed an agreement on August $ 2002, to design„ construct, finance, operate, maintain, and manage two Parking Facilities on Watson Island (the "Original Agreement"); and B. The City and DOSP entered into an Amended and Restated Operating Agreement for Watson Island Parking Operations dated September 9, 2003, (the "Agreement"); and C. The City and DOSP entered into an amendment to the Agreement„ dated June 1, 2004, to modify the number of parking spaces to be provided in the south side parking Tot, clarify the amenities to be constructed in the boat ramp parking lot and provide for a contribution by the. City in the amount of $50,000 towards construction of the Parking Facilities;. and D. The design of the restroom facilities in the boat ramp parking facility had to be modified due to FEMA requirements resulting in an increase in construction costs of approximately $45,000; and, E. The City and DOSP desire to amend the Agreement, as amended, to provide for an additional contribution by the City to cover the increased construction costs; NOW, THEREFORE, in consideration of the mutual covenants and promises herein, the City and DOSP hereby agree as follows: 1. Section 5(B)(1) of the Agreement is hereby amended to read as follows: (1) The City shall make available to DOSP $150,000 from the funds it received from the FIND Grant, $200,000 from the funds it received from the FDEP Grant and S--5-07000 §95.000 from the City of Miami's Capital improvement Funds, Project 311047, only for the purpose of funding the construction of the Parking Facilities. The FIND Agreement is attached hereto as Exhibit F and the FDEP Agreement is attached hereto as Exhibit 1,, and is are incorporated and made a part of this Agreement. DOSP agrees to comply L)cO - A 05-c0 3 7/ with the terms and conditions contained in Exhibit G, Exhibit H and Exhibit 3, which is incorporated by reference and mask a part of this Agreement. Section 6(C) of the Agreement is hereby amended to read as follows: (C) The maximum amount that the City shall contribute toward the construction of the Parking Facilities shall be $400;000 $445.000. Conditions preceden for the City's financial support. are: 1) that the Parking Facilities qualify for funding and 2) that the City receives the FIND and FDEP Grant Funds specified in the FIND and FDEP• Grant Agreement. In addition, subject to'. the provisions of Section II of this Agreement, DOSP acknowledges and agrees that this will be the City's sole financial commitment toward the Parking Facilities. DOSP shall provide, all additional funds necessary to complete the construction and maintenance of the Parking Facilities. 3. The City and DOSP represent to each other as follows: (a) Thal 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. (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 DOSP as signed as of the date herein first above written, "City" ATTEST: Priscilla A. Thompson City Clerk APPROVED AS TO INSURANCE REQUIREMENTS: 15ania F. Carrillo, Director Risk Management Department ATTEST: Signature �( CtL-\61' Print Name and Title CITY OF MIAMI, a municipal corporation of the State of Florida Joe Arriola City Manager APPROVED AS TO FORM AND CORRECTNESS: Jorge L. Fernandez City Attorney "DOSW' Department of O s eet Par Arth orieg: V Executive Director