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AMENDMENT NO.5 TO MANAGEMENT AGREEMENT
BETWEEN THE CITY OF MIAMI AND GLOBAL SPECTRUM, LP
This Amendment No. 5 to the Management Agreement is entered into this day of
, 2012 (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, 2012; 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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Amendment to Section 11.2: Section 11.2 is hereby amended as follows:
The City and Global, by mutual agreement, hereby agree to extend the
Term of the Agreement by an additional period, which shall expire July 25, 2012.
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:
Signature
Print Name:
Corporate Secretary
Attest
By:
Priscilla A. Thompson
City Clerk
Approved As To Foran And
Correctness
LI -M
Julie O. Bru
City Attorney
Global Spectrum, LP
By:
Signature
John Page
Chief Operating Officer, Global Spectrum
City of Miami, a municipal corporation
of the State of Florida
By:
Johnny Martinez, P.E.
City Manager
Approved as to Insurance
Requirements:
By:
Calvin Ellis
Director of Risk Management
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AMENDMENT NO. 5 TO MANAGEMENT AGREEMENT
BETWEEN THE CITY OF AILA-MI AND GLOBAL SPECTRUM; LP
This Amendment No. 5 to the Management Agreement is enter&d into this day of
2012 (the "Amendment") by and between the City of Miami, a municipal
corporation of the State of Florida (the "Cite"), and Global Spec LP, a Pennsylvania Limited
Partnership ("Global"), for the purpose of amending the Magement Agreement dated October
1, 1997, as amended and heretofore assigned (the "Agreen, t").
RECITA S:
WHEREAS, on September 23, 1997, t e City Commission by Resolution #97-662,
authorized the City Manager to enter into a man gement agreement with Global Spectrum, LP for
the management and operation of the Mian 'Convention Center, which agreement, as amended,
expires March 31, 2012; and
WHEREAS, the City is currepfly exploring its options related to the long term use and
ownership of the Miami Convention enter; and
WHEREAS, the City C, mmission has determined it to be in the best interest of the City
to extend the agreement with obal while it explores its options;
NOW, THEREFOgE, in consideration of mutual covenants hereinafter set forth and in
consideration of other valyiable consideration the parties covenant and agree as follows:
1. Incorporation j6f Recitals, Definitions: The recitals and findings set forth above are
hereby adoptedby eference thereto and incorporated herein as if fully set forth in this
Amendment. All the initial capitalized terms used in this Amendment shall, unless otherwise
provided herein, ave the same definitions and meanings as given to them in the Agreement.
2. Amen&nent Effective Date: The effective date of this Amendment shall be the date
upon which ' is executed by the City Manager and Global, with the later of such execution dates
i.jbeing•thi iitrolliiig effective. date. (the "Amendment Effective. Date"),_ Global shall execute this.
CAmend nt Ce -no er than ten'(10)'days following City Commission approval of this Amendment,
3. ' Amendment to Section 11.2:
Section 11.2 is hereby amended 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,
2013. if plans .for the redevelopment of the Facility are developing such that th
Facility in its current form will not be operational for an extended period of t'- e,
the City, subject to the City Commission's sole discretion, is authorized tol" rther
extend this Agreement for one (1) additional one-year period upoine terms
and conditions contained in this Agreement (as the same may be-7,ded from
time to time).
4. General Provisions: This Amendment shall be construed d governed in accordance
with the laws of the State of Florida. This Amendment may b executed in any number of
counterparts and by the separate parties hereto in separate cou erparts, each of which shall be
deemed an original, but all of which shall constitute one and t e same instrument. To the extent
that any terms or provisions of this Amendment are Inco istent -or conflict with the .terms and
conditions of the Agreement, the terms and conditions o this Amendment shall control. Except
as specifically provided herein, all of the terms and p visions of the Agreement shall remain in
effect.
Attest:
Signature
Print Name:
Corporate Secretary /
Global Spectrum, LP
By:
Signature
2
John Page
Chief Operating Officer, Global Spectrum
Attest
By;
Priscilla A. Thorn
City Cleric
Approved As To Fort
Correctness
By.
Julie O. Bru
City Attorney
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