HomeMy WebLinkAboutExhibitAMENDMENT NO. 2 TO MANAGEMENT AGREEMENT
BETWEEN THE CITY OF MIAMI AND GLOBAL SPECTRUM LIMITED
PARTNERSHIP
This Amendment No. 1 to the Management Agreement is entered into this day of
, 2007 (the "Amendment") by and between the City of Miami, a municipal
corporation of the State of Florida (the "City"), and Global Spectrum Limited Partnership, a
Pennsylvania Limited Partnership (the "Firm"), for the purpose of amending the Management
Agreement dated October 1, 1997,as amended and heretofore assigned (the "Agreement").
RECITALS:
WHEREAS, on September 23, 1997, the City Commission by Resolution #97-662,
authorized the City Manager to enter into a management agreement with Global Spectrum
Limited Partnership ("Global") for the management and operation of the Miami Convention
Center,_which_agreement expires September 30, 2007;.and
WHEREAS, the City is currently exploring its options related to the long term use and
ownership of the Miami Convention Center; and
WHEREAS, the City Commission has determined it to be in the best interest of the City
to extend the agreement with Global while it explores its options;
NOW, THEREFORE, in consideration of mutual covenants hereinafter set forth and in
consideration of other valuable consideration the parties covenant and agree as follows:
1. Incorporation of Recitals; Definitions: The recitals and findings set forth above are
hereby adopted by reference thereto and incorporated herein as if fully set forth in this
Amendment. All of the initial capitalized terms used in this Amendment shall, unless.otherwise
provided herein, have the same definitions and meanings as given to them in the Agreement.
2. Amendment Effective Date: The effective date of this Amendment shall be the date
upon which it is executed by the City Manager and Global, with the later of such execution dates
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being the controlling effective date (the "Amendment Effective Date"). Global shall execute this
Amendment no later than ten (10) days following City Commission approval of this Amendment.
3. Amendment to Section 11.2: A new paragraph is hereby added to Section 11.2 to
read as follows:
The City and Global, by mutual agreement, hereby agree to extend the
Term of the Agreement by an additional six month period, to expire March 31,
2008. If plans for the redevelopment of the Facility are developing such that the
Facility in its current form will not be operational for an extended period of time,
the City Manager, with the mutual agreement of Global, is authorized to further
extend this Agreement for three additional one-year periods upon the same terms
and conditions contained in this Agreement (as the same may be amended from
time to time).
4. General Provisions: This Amendment shall be construed and governed in accordance
with the laws of the State of Florida. This Amendment may be executed in any number of
counterparts and by the separate parties hereto in separate counterparts, each of which shall be
deemed an original, but all of which shall constitute one and the same instrument. To the extent
that any terms or provisions of this Amendment are inconsistent or conflict with the terms and
conditions of the Agreement, the terms and conditions of this Amendment shall control. Except
as specifically provided herein, all of the terms and provisions of the Agreement shall remain in
effect.
Attest:
Global Spectrum Limited Partnership, LP
By:
Signature Signature
Print Name: John Page
Corporate Secretary Chief Operating Officer, Global Spectrum
2
City of Miami, a municipal corporation
Attest of the State of Florida
By: By:
Priscilla A. Thompson Pedro G. Hernandez
City Clerk City Manager
Approved As To Form And Approved as to Insurance
Correctness Requirements:
By: By:
Jorge L. Fernandez LeeAnn Brehm
City Attorney Director of Risk Management