HomeMy WebLinkAboutExhibitTWENTY FOURTH AMENDMENT TO AGREEMENT
This agreement amends that certain Agreement Governing Grant for Construction
of Play Sculptures in Bayfront Park, dated December 19, 1985, between Mr. & Mrs. Lee
Hills and the City of Miami, as amended by twenty-three amendments (the
"Agreement"). This Twenty Fourth Amendment (the "Amendment") is executed by Tina
Hills, an unmarried widow ("Benefactor") and the City of Miami ("City") this day of
, 2006.
RECITALS
A. The Agreement, as amended, provides that the City must complete
construction of seven (7) Play Sculptures in Bayfront Park by December
31, 2005.
B. Bayfront Park Management Trust (the "Trust") has proposed to the
Benefactor that the Grant funds be used to purchase certain playground
equipment and to create a play area in the south end of the Park, and the
Benefactor has agreed to authorize the use df the Grant funds for such
purpose, on the terms and conditions set forth in this Agreement.
E. The City and the Trust have authorized the acquisition of the playground
equipment and sculpture, pursuant to Resolutions 06-0126 and 06-028.1,
adopted September 12, 2006 and July 24, 2006, respectively.
F. The City and the Trust have authorized the execution of this amendment
pursuant to Resolutions and , adopted December
2006, and November , 2006, respectively.
NOW THEREFORE, for and in consideration of one ($1.00) dollar and other
valuable consideration contained herein, the receipt and sufficiency of which are hereby
acknowledged, the City and the Owner agree as follows:
1. RECITALS: The recital and findings set forth above are hereby adopted by
reference thereto and incorporated herein as if fully set forth in this Agreement.
2. AUTHORIZATION TO USE GRANT FUNDS: Benefactor hereby authorizes
the use of up to $260,312.37 of the Grant Funds for the acquisition and installation of the
playground equipment described in Attachment "A" hereto (the "Equipment"), for the
creation of a playground in the south end of the Park adjacent to the Tina Hills Pavilion, as
depicted in Attachment "B" hereto (the "Improvements") and the creation and installation of
a sculptural element depicted in Attachment "C" hereto (the "Sculpture"). Benefactor further
directs the Escrow Agent, as defined in the Agreement, to disburse the total amount of the
orsDocumcnt November 14 2006 ORS FINAL Tina Hills Agreement (2) /
Grant to the Trust for the acquisition and installation of the playground equipment, with the
balance of the Grant funds to be held by the Trust in an interest bearing account to be used
exclusively for additional improvements to the playground area as needs arise.
2. THE IMPROVEMENTS: The Trust represents to the Donor that it will use the
Grant funds exclusively for the purchase of the Equipment and the creation of the play area,
as shown in the attachments hereto. The Trust further agrees to place a plaque adjacent to the
Improvements in accordance with the specifications set forth in Attachment "D". The Trust
shall, at its sole cost and expense, maintain the Improvements in good, clean and orderly
condition and repair.
3. NO IMPLIED MODIFICATIONS: Except as specifically provided herein, all
other provisions of the Agreement shall remain unmodified and are in full force and effect.
In Witness Whereof the parties have caused this Agreement to be executed as of the day
first above written.
The City Of Miami,
ATTEST:
By: By:
Priscilla A, Thompson, City Clerk Pedro G. Hernandez, City Manager
Bayfront Park Management Trust
By:
Timothy F. Schmand,
Executive Director
Witness Benefactor
Mrs. Tina Hills
APPROVED AS TO FORM APPROVED AS TO INSURANCE
AND CORRECTNESS REQUIREMENTS
ors:Document November 14 2006 ORS FINAL Tina Hills Agreement (2)
By: By:
Jorge L. Fernandez LeeAnn Brehm, Director
City Attorney Risk Management Department
ors:Document November 14 2006 ORS FINAL Tina Hips Agreement (2)