HomeMy WebLinkAboutExhibitFIRST AMENDMENT TO MANAGEMENT AGREEMENT
FOR OPERATION OF PUBLIC PARKING FACILITY
AT JAMES L. KNIGHT CENTER
THIS FIRST AMENDMENT TO MANAGEMENT AGREEMENT (this
"Amendment") is made and entered into as of the date on which the final signature of the
parties is affixed hereto (the "Effective Date") by and between The City of Miami, a
Florida municipal corporation (the "City") and the Department Of Off -Street Parking of
the City of Miami, an agency and instrumentality of the City of Miami d/b/a as the Miami
Parking Authority whose address is 190 NE 3 Street, Miami, FL 33132, (the
"Operator").
WITNESSETH:
WHEREAS, the City intends to issue an Invitation for Bids for the sale of Parking
Garage No. 4 (the "Parking Garage"), which is the managed by the Operator pursuant to
Management Agreement for Operation of the Public Parking Facility at the City of
Miami/University of Miami James L. Knight International Center, Miami, Florida, dated
March 16, 1982, between the City and the Operator (the "Agreement");
WHEREAS, the City and the Operator want to provide for an appropriate and
timely transition or succession of operations for the Parking Garage in the event of any
sale of the Parking Garage by amending the Agreement to provide for early termination
and adequate notice upon early termination of the Agreement or, alternatively, for an
assignment of the Agreement to any purchaser of the Parking Garage;
NOW, THEREFORE, in consideration of the mutual undertakings of the parties
set forth in this Agreement and of other valuable considerations, the receipt and
sufficiency of which the parties acknowledge the parties agree as follows:
1. Article 1 of the Agreement is amended by adding the following new
section 1.02:
"1.02 Notwithstanding anything in this Agreement
to the contrary, the City, and its successors or assigns, may
terminate this Agreement at any time upon written notice
given to the Operator not less than thirty (30) days prior to
the date of such termination, which notice may be waived
by the Operator in its sole discretion."
2. Article 12 of the Agreement is amended by adding the following new
section 12.02:
"12.02 Notwithstanding anything in this Agreement
to the contrary, the City may assign its rights and
obligations under this Agreement upon any sale or other
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transfer of the Parking Garage to any successor -in -interest
to the City as owner of the Parking Garage.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
by their appropriate officials as of the dates set forth below their signatures.
ATTEST:
MIAMI PARKING AUTHORITY a/k/a
Department of Off -Street Parking, an agency
and instrumentality of the City of Miami
Secretary, Department of Off -Street Parking Arthur Noriega, V, Executive Director
Dated:
ATTEST: CITY OF MIAMI, a Municipal
Corporation of the State of Florida
By: By:
Priscilla Thompson, City Clerk Pedro G. Hernandez, City Manager
Dated:
APPROVED AS TO LEGAL FORM APPROVED AS TO
AND CORRECTNESS: INSURANCE:
Julie O. Bru
City Attorney
LeeAnn Brehm, Director
Risk Management Department