HomeMy WebLinkAboutExhibit 1FIRST AMENDMENT TO LEASE AGREEMENT
THIS FIRST AMENDMENT TO LEASE AGREEMENT ("First Amendment")
is made as of the day of 2008, between THE CITY OF MIAMI, a
Municipal corporation of the State of Florida (hereinafter referred to as the "City"), as
Lessor, and MIAMI-DADE COUNTY, a political subdivision of the State of Florida
(hereinafter referred to as ("the County" or "Tenant"), as Lessee.
RECITALS
A. WHEREAS, on November 1, 1971, the City of Miami and Miami -Dade
County entered into a lease agreement, which provided for Miami -Dade County to
lease, operate and maintain ten (10) library facilities from the City which lease has
expired; and
B. WHEREAS, on May 15, 2007, the Miami -Dade Public Library System
and the City of Miami executed a new lease agreement (the "Lease"), which limited to
eight (8) the number of City -owned parcels to be leased to the County for its libraries;
and
C. WHEREAS, one of the properties was inadvertently included in the
Lease located at 160 NE 79th Street (the "Property"), had been deeded on February 1,
1989 from the City of Miami to the Miami Parking Authority which deed was subject
to the then existing lease; and
D. WHEREAS, only the Miami Parking Authority, as owner of the
Property, has the authority to enter into a lease with the County; and
E. WHEREAS, the City of Miami and Miami -Dade County desire to enter
into this amendment removing the Property from the Lease; and
TERMS
NOW THEREFORE, for Ten Dollars ($1.00) and for the covenants and
conditions of this First Amendment, the receipt and sufficiency of which are
acknowledged, Landlord and Tenant agree as follows:
1. Recitals. The foregoing recitals are correct and are incorporated herein by
this reference.
2. Tenns. All undefined capitalized tenns used herein shall have the same
meanings as defined in the Lease, as amended.
Amendment #1 - (Little River 2008)
3. Removal of the property located at 160 NE 79t1i Street (Little River Library)
from the list of properties leased to the County: The Lease shall be amended to remove
all instances of the property located at 160 NE 79t1i Street (Little River Library).
4. Entire Agreement. The Lease, as amended by the First Amendment,
constitutes the entire agreement and understanding among the parties with respect to the
subject matter hereof.
5. Miscellaneous.
a. In the event any term or provision of this First Amendment be
determined by appropriate judicial authority to be illegal or otherwise invalid, such
provision shall be given its nearest legal meaning or be construed as deleted as such
authority determines, and the remainder of this First Amendment shall be construed to be
in full force and effect.
b. In construing this First Amendment, the singular shall be held to
include the plural, the plural shall include the singular, and the use of any gender shall
include every other and all genders.
c. Descriptive headings contained herein are for convenience only
and shall not control or affect the meaning or construction of any provision of this First
Amendment.
d. This First 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.
e. This First Amendment shall be deemed a part of the Lease, but
shall take precedence over and supersede any provisions to the contrary contained in the
Lease.
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Amendment #1 - (Little River 2008)
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
of the day and year first above written.
CITY OF MIAMI, a municipal MIAMI-DADE COUNTY, a political
corporation of the State of Florida. subdivision of the State of Florida.
By: By:
Pedro G. Hernandez
City Manager
Carlos Alvarez
Miami -Dade County Mayor
ATTEST: ATTEST:
By: By:
Priscilla A. Thompson Harvey Ruvin
City Clerk Clerk of the Court
Approved as to Form and Correctness:
By:
Julie O. Bru
City Attorney
Approved as to Insurance Requirements:
By:
LeeAnn Brehm, Director
Department of Risk Management
Amendment#1 - (Little River 2008)