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AMENDMENT NO. 4 TO MANAGEMENT AGREEMENT
BETWEEN THE CITY OF MIAMI AND GLOBAL SPECTRUM, LP
This Amendment No. 4 to the Management Agreement is entered into this day of
, 2011 (the "Amendment") by and between the City of Miami, a municipal
corporation of the State of Florida (the "City"), and Global Spectrum, LP, a Pennsylvania
Limited Partnership ("Global"), 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, LP
for the management and operation of the Miami Convention Center, which agreement, as
amended, expires March 31, 2011; 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
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.
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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 one year period, to expire March 31,
2012. 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, subject to the City Commission's sole discretion, is authorized to further
extend this Agreement for two (2) 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, 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 Carlos A. Migoya
City Clerk City Manager
Approved As To Form And Approved as to Insurance
Correctness Requirements:
By: By:
Julie O. Bru Gary Reshefsky
City Attorney Interim Director of Risk Management
3
AMENDMENT NO. 4 TO MANAGEMENT AGREEMENT
BETWEEN THE CITY OF MIAMI AND GLOBAL SPECTRUM, LP
Amendment No. 4 to the Management Agreement is entered into this day of
, 2011 (the "Amendment") by and between the City of Miami, a municipal
corporation o . the State of Florida (the "City"), and Global Spectrum, LP, 'a Pennsylvania
Limited Partnersn'p ("Global"), for the purpose of amending the Management Agreement dated
October 1, 1997, as • ended and heretofore assigned (the "Agreement").
RECITALS:
WHEREAS, on eptember 23, 1997, the City Commission by Resolution #97-662,
authorized the City Manag to enter into a management agreement with Global Spectrum, LP
for the management and op- ation of the Miami Convention Center, which agreement, as
amended, expires March 31, 201 • and
WHEREAS, the City is c -ntly exploring its options related to the long term use and
ovamership of the Miami Convention C-.ter; and
WHEREAS, the City Commissio • has determined it to be in the best interest of the City
to extend the agreement with Global while it - . plores its options;
NOW, THEREFORE, in consideration of utual covenants hereinafter set forth and in
consideration of other valuableconsideration the parties ovenant and agree as follows:
1. Incorporation of Recitals; Definitions: The rec s and findings set forth abo-,., are
hereby adopted by reference thereto and incorporated he - in as if fully set forth in this
Amendment. All of the initial capitalized terms used in this Am-ndment shall, unless otherwise
provided hersin, have the same definitions and meanings as given to ,em in the Agreement.
2, Amendment Effective' Date: The effective date of this Ame dment shall be the date
upon which it is executed by the City Manager and Global, with the later o such execution dates
being the controlling effective date (the "Amendment Effective Date"). Glob • shall execute this
Amen
ent no later than ten (10) days following City Commission approval of this Amendment.
3. Am ndnnent to Section 11.2:
read as follovv,
A new paragraph is hereby added to Section 11.2 to
Th`et City and Global, by mutual agreement, hereby agree to extend the
Term of the
2012. If plans
Facility in its curre
the City Manager, w
extend this Agreement
terms and conditions conta
from time to time).
greement by an additional one year period, to expire March 31,
the redevelopment of the Facility are developing such that the
t form will not be operational for an extended period of time,
the mutual agreement of Global, is authorized to further
or two (2) additional one-year periods upon the same
ed in this Agreement (as the same may be amended
4. General Provisions: This Ame , dment shall be construed and governed in accordance
with the laws of the State .of Florida. s Amendment may be executed in any number of
counterparts and by the separate parties here o in separate counterparts, each of which shall be
deemed an original, but all of which shall const to one and the same instrument. To the extent
that any terms or provisions of this Amendment inconsistent or conflict with the terms and
thi
conditions of the Agreement, the terms and conditio�of n�s Amendment shall control. Except
as specifically provided herein, all of the terms and provisions of the Agreement shall remain in
effect.
Attest:
Signature
Global Spectrum, L
By:
Signature
Print Name: John Page
Corporate Secretary Chief Operating Officer, '. obal Spf..trum
2
Attest
By:
Priscilla A. Thompson
City Clerk
Approved As To Form And
Correctness
By:
Julie 0. Bru
City Attorney
City of Miami, a municipal corporation
of the State of Florida
Bv•
3
Carlos A. Migoya
City Manager
Approved as to Insurance
• Requirements:
Gary Reshefsky
Interim Director of Risk Management