HomeMy WebLinkAboutAmendment 2AMENDMENT #2
This Amendment to that Agreement between the City of Miami, a municipal
corporation of the State of Florida ("City") and One Art, Inc. ("Sub -recipient") dated
September 13, 2006 (the "Agreement") is entered into this day of
. 2007.
RECITAL
WHEREAS, pursuant to Resolution No. R-06-0371, passed and adopted by the
City of Miami Commission on June 8, 2006 the City and Sub -recipient, have heretofore
entered into the Agreement which sets forth the terms and conditions pursuant to which
the City provided Sub -recipient the sum of $100,000 (One hundred thousand dollars);
and
WHEREAS, the City and the Sub -recipient, on April 24, 2007, executed an
Amendment to correct the retention and accessibility of records to meet administrative
requirements;
WHEREAS, all the funds are subject to the same terrns and conditions contained
in the Agreement;
NOW, THEREFORE, in consideration of the foregoing, the City and Sul -
recipient hereby agree to amend the Agreement as follows:
1. EXHIBIT B of the Agreement (Work Program) is amended to the new Exhibit B
attached to this Amendment.
2. EXHIBIT C of the Agreement (Compensation and Budget Summary) is amended
to the new Exhibit C attached to this Amendment
3. ARTICLE I — EXHIBITS AND DEFINITIONS, SECTION 1.1 EXHIBITS of
the Agreement is amended to add EXHIBIT I - Form of Declaration of
Restrictive Covenant.
4. ARTICLE I - EXHIBITS AND DEFINITIONS, SECTION 1.2 DEFINED
TERMS is amended to add the following term:
Declaration of Restrictive Covenant: A Declaration of Restrictive Covenants
executed by the Subrecipient and to be recorded in the Public Records of
Miami -Dade County, Florida in favor of the City of Miami to ensure that the
Property is not sold or the use changes during the Covenant Period.
5. ARTICLE III — TERMS AND PROCEDURES, SECTION 3.3
OBLIGATIONS OF SUBRECIPIENT is amended to add the following section:
3.3.1 In connection with this Agreement, the City shall require that the
Subrecipient execute a Declaration of Restrictive Covenants in the form of
Exhibit I, attached hereto, and to be recorded by the City.
6. ARTICLE III — TERMS AND PROCEDURES, SECTION 3.2 EFFECTIVE
DATE AND TERM is amended to read:
Effective date of this agreement shall be October 1, 2006 through
September 30, 2008.
7. ARTICLE IX — REMEDIES, SUSPENSION, TERMINATION 9.1
REMEDIES FOR NONCOMPLIANCE is amended to add the following
paragraph:
Notwithstanding any other provision of this Agreement, if the
SUBRECIPIENT materially fails to comply with any term of this Agreement, the
SUBRECIPIENT, at the sole discretion of the City, shall pay to the City an
amount equal to the current market value of any real property, under the
SUBRECIP1ENT's control, acquired or improved in whole or in part with CDBG
Funds (including CDBG Funds provided to the SUBRECIPIENT in the form of a
loan and/or grant), less any portion of the value attributable to expenditures of
non-CDBG funds for the acquisition of, or improvement to, the property. The
payment is program income to the City.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed by their respective officials thereunto duly authorized on the date above written.
/Name Date
Title DImc ft-. kos"/°i
SUBRECIPIENT
One Art, Inc.
4111 N. Miami Avenue
Miami, Florida 33127
a Florida not -for -profit corporation
Nam mate
Title: : c:T v f l / f/ SS cr7
CORPORATE SEAL:
ATTEST: CITY OF MIAMI, a municipal Corporation
of the State of Florida
Priscilla A. Thompson Date Pedro G. Hernandez Date
City Clerk City Manager
APPROVED AS TO APPROVED AS TO FORM AND
INSURANCE REQUIREMENTS: CORRECTNESS:
LeeAnn Brehm
Date Jorge L. Fernandez Date
Risk Management City Attorney