83-17343 /
RESOLUTION NO.
83-17343
A RESOLUTION OF THE CITY COMMISSION OF TH CITY
OF MIAMI BEACH, FLORIDA AUTHORIZING THE r ECUTION
OF THE TENNIS AGREEMENT ENTERED INTO BY AND BETWEEN
CAPITAL BANK AND THE CITY OF MIAMI BEArH.
WHEREAS, the parties desire to enter into this Agree-
ment for the purpose of providing the CITY th a Tennis
Stadium and facility in conjunction with ex ' sting CITY tennis
facilities located at Flamingo Park, Miami :each, Florida; and
WHEREAS, the parties believe t- at the construction of
said facilities would be of great publi' benefit to the CITY and
its citizens and conttitutes a valid p•blic purpose; and
WHEREAS, CAPITAL wishes to make a gift and donation of
certain of such facilities to the TY for its use and benefit.
NOW, THEREFORE, BE IT ',,SOLVED BY THE CITY COMMISSION
OF THE CITY OF MIAMI BEACH:
That the Cit Commis-ion authorizes the execution
of the Tennis Agreement enter-d into by and between Capital
Bank and tlCity of Mia i B-ach.
SED and ADOPT D this 17th day of May , 1983:
0
\20() MAYOR
r'
EST: - 1
/ al -
CITY CLE'"
MLB:ro
6023A
////7A
LEGAL f.PT.
By ml-tu,L Yi cvlAt-f�"
Rate -A
AGREEMENT
THIS AGREEMENT entered into this 1st / day of
June , 1983 , by and between CAPITAL BANK, a Florida
commercial bank organized under the laws of the State of Florida
(hereinafter "CAPITAL") and the CITY OF MIAMI:BEACH, a Florida
municipal corporation (hereinafter the "CITY"Y.
,
WITNESSET ,4:
WHEREAS, the parties desi 'e to enter into this Agree-
/
ment for the pilose of providing/the CITY with a Tennis Stadium
and facility in co , junction with existing CITY tennis facilities
/'
/
located at Flamingo '.rk , MiamX Beach, Florida; and
/
WHEREAS, the parties believe that the construction of
said facilities would be o/ great public benefit to the CITY and
its citzens and constitu e a valid public purpose; and
WHEREAS, CAP TAL w' shes to make a gift and donation of
/ `'N
certain of such faciities to t'1e CITY for its use and benefit.
NOW, THEREFORE,
In con ideration of the mutual covenants and agree-
ments herein c9 tained, the parties hereto do hereby agree as
r
follows:
1. CAPITAL hereby agrees`' to construct, have con-
structed or cause to be constructed certain tennis related im-
provement- (hereinafter the "Improvements") at Flamingo Park ,
Miami Be.ch, Florida, and more specifically located at or around
Thirteeyith Street and Meridian Avenue, adjacent to the existing
Flamingo Park Tennis Courts #1-5 , subject to eisting utility
right-of-ways. These improvements will include:
a. Three (3) clay composition tennis courts
surrounded on the north and south by permanent grandstand seat-
ing for approximately two-thousand (2 ,000) spectators and sur-
rounded on the east and west by portable grandstands of aluminum
or hot ,dipped galvanized steel or weathered steel, if adequate
to our climate, (on wheels) with a capacity for an additional
OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139
i
approximately three-thousand (3 ,000) spectators, for a total
seating capacity of approximately five-thousand (5 ,000) specta-
tors. Runner strips for the movable platform shall be provided.
b. Appropriate fencing, landscaping, sidewalks
and pedestrian paths for access to and from the stadium noted
above.
c. Appropriate lighting and electric scoreboard
meeting professional tennis standards.
d. A water sprinkling system for landscaping
and tennis court maintenance.
e. All interior conduits for communications
facilities other than main lines running into the building.
2. CAPITAL shall be responsible for providing all
necessary architectural services and their accompanying fees and
costs, construction and labor costs and engineering fees for the
improvements. The improvements shall be constructed in substan-
tial compliance with the Flamingo Park Master Plan accepted by
the City Commission and in accordance with architectural plans
to be approved and provided by CAPITAL and subject to approval
of the CITY Planning Department, Code Enforcement Department,
and Fire Department, Zoning and Public Works Department and the
CITY 'S approval shall not be unreasonably withheld. Preliminary
plans have been prepared by Architects Di Geronimo and are ti-
tled "Abel Holtz Stadium for Capital Bank Tennis Center" and are
dated the 25th day of May, 1983 . Within sixty (60) days from
the date hereof, CAPITAL shall submit its final approved archi-
tectural plans to the CITY Planning, Public Works, and Code
Enforcement Departments, Fire Department and Zoning for their
approval and said plans shall be generally consistent with the
preliminary plan noted above. Said approvals shall not be un-
reasonably withheld. However , final approval of the plans shall
be indicated by the parties initialling on the final drawings
and those final drawings shall become a supplement to this
agreement by reference herein.
-2-
OFFICE OF THE CITY ATTORNEY -1700 CONVENTION CENTER DRIVE -MIAMI BEACH, FLORIDA 33139
1
3 . CAPITAL shall submit any and all contracts en-
tered into with the general contractor for the construction of
the improvements to the CITY for its review and approval.
4 . Within sixty (60) days of the date of the
approval of the final architectural plans by the CITY, CAPITAL
shall solicit and receive appropriate bids indicating the total
costs for the improvements and CAPITAL reserves the right to
reject the bids and cause this agreement to become null and void
within ten (10) days from receipt thereof.
5 . CAPITAL shall, at no expense to the CITY, provide
and show proof that insurance as per the attached insurance
Check List and said insurance shall remain in effect until such
time as the improvements are completed and turned over to the
CITY for operation. The insurance coverage shall extend to and
include the following contractual indemnity and Hold Harmless
Agreement:
"The Permittee hereby agrees to
indemnify and hold harmless the
City of Miami Beach, a municipal
corporation, its officers, agents,
and employees from all claims for
bodily injuries to the public in
and up to the amount of
$1,000 ,000 . 00 for each occurrence
and for all damages to the
property of others in and up to
the amount of $1,000 ,000 .00 for
each occurrence with an aggregate
of $1,000 ,000 . 00 per the insurance
requirement under the specifica-
tions including costs of investi-
gation, all expenses of litiga-
tion, including reasonable attor-
neys ' fees and the cost of appeals
arising out of any such claims or
suits because of any acts or omis-
sions or commission of any by the
contractor , his agents, servants,
or employees, or through the mere
existence of the project under
contract.
The foregoing Indemnity Agreement
shall apply to any and all claims
and suits other than claims and
suits arising out of the sole and
exclusive negligence of the City
of Miami Beach, its officers,
agents and employees as determined
by a court of competent jurisdic-
tion. The Permittee shall specif-
ically and distinctly assume all
responsibility for reporting any
-3-
OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE -MIAMI BEACH, FLORIDA 33139
and all operations performed or to
be performed under any existing
contract made by or on behalf of
the assured and the City of Miami
Beach. "
6 . The CITY shall permit the construction of the
improvements on the CITY property located at Flamingo Park at a
location approved by the City Manager and CAPITAL.
7 . The obligations of the CITY hereunder include the
following , at the CITY 'S sole cost and expense:
a. The CITY shall assure that the property upon
which the improvements are to be constructed is at proper grade
and elevations pursuant to all applicable governmental regula-
tions and if any additional fill is required to be brought in,
it shall be suitable, clean fill materials. The parties
recognize and agree that this condition must be accomplished by
the City immediately upon execution hereof in order for
CAPITAL' S construction to commence in time to be completed by
approximately December of 1983.
b. Except for the grading called for in
Paragragh 7 (a) above, CAPITAL shall provide to CITY a proposed
time schedule that shall enumerate "milestones" relative to the
proposed construction of the improvements. Whereupon, the CITY
shall provide, in place and in coordination with the time of
CAPITAL' s construction, all required utility services to within
5 feet of the property line, directly adjacent to the tennis
stadium and/or to the building location noted in Paragraph 7 (d) ,
including, water , sewer , electricity, telephone and appropriate
communications facilities required for transmission of radio and
television coverage at events to be held at the improvements.
C. CITY hereby agrees that the name of the im-
provements, in perpetuity, shall be the "Abel Holtz Stadium" and
the entire Flamingo Park Tennis Facilities shall be renamed the
"Capital Bank Tennis Center" and said name* will not be removed,
altered or changed unless approved by CAPITAL or unless as set
forth in Paragraph 7 (f) hereof.
-4-
OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139
d. CITY agrees to construct, in conjunction
with the construction of the improvements, within the same time
frame as in Paragraph 7 (e) of this agreement, a + 3 ,000 square
foot building (hereinafter the "building") at a location to be
shown on the final approved architectural plan and said building
shall be air-conditioned and contain a VIP lounge, restrooms,
locker rooms , and appropriate facilities for the press, radio or
television coverage and broadcast of events taking place within
the Stadium and Center . Said construction shall be done by the
CITY at its sole cost and expense. Such expense not to exceed
$250 ,000 for the building. Final plans for the building shall
be subject to approval by CAPITAL, whose approval shall not be
unreasonably withheld.
e. Within one (1) year from the date of comple-
tion of the improvements, the CITY shall begin to upgrade and
refurbish the present facilities located at Flamingo Park Tennis
Center (to be renamed the Capital Bank Tennis Center) and shall
complete said work no later than twelve (12) months after the
start thereof at its sole cost and expense and subject to
approval by CAPITAL, whose approval shall not be unreasonably
withheld. This upgrading shall include refurbishing of existing
restrooms, conversion of four (4) existing hard tennis courts to
clay courts, fence repair or replacement and drainage
improvements.
f. CAPITAL will provide to the CITY an appro-
priate signage plan complying with all City Ordinances and State
Laws designating the appropriate names (as noted in Paragraph
7c) for the facility and, upon CITY 'S approval, said signs shall
be installed by CAPITAL at CAPITAL'S sole cost and expense. In
the event CAPITAL chooses to change the name of the tennis
center , it should submit an appropriate new signage plan to the
CITY for approval and CAPITAL may, thereafter , change the
signage at its sole cost and expense. All approvals required in
this paragraph shall not be unreasonably withheld.
-5-
OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139
Any signage, advertising or institutional promo-
tional material to be emplaced by those providing services in
conjunction with the construction of the improvements or build-
ing shall be subject to approval and such conditions imposed and
agreed to by CAPITAL and the CITY.
g. CITY shall be responsible , at its own cost
and expense, to obtain and pay for all City required zoning
approvals, licenses, permits, certificates, surveys and other
approvals of a like nature that may be necessary in order for
CAPITAL to perform the work hereunder.
h. The CITY, within ten (10) days from the date
hereof shall appoint a CITY project coordinator subject to
approval of CAPITAL and said coordinator shall act as CITY
liason with CAPITAL for the prompt and efficient completion of
the facilities.
i . CITY shall make the facilities and building
available to CAPITAL with six month ' s advance notice, subject to
other CITY ' s scheduling, for a Capital Bank sponsored tennis
tournament once per year for a period not to exceed three (3)
consecutive weeks at any one time for a period of ten years and
at no license cost to CAPITAL as partial consideration for the
donation herein made. CAPITAL shall have an opportunity to
extend this period for an additional five (5) years. CAPITAL
shall provide for all expenses relating directly to CAPITAL'S
tennis tournament and use of the facilities and building, other
than license fees, after the second year.
j . CITY hereby agrees to maintain and upkeep
the improvements and building herein noted in a condition
capable of meeting acceptable standards necessary to attract, on
a continuing basis, major tennis tournaments. CAPITAL is hereby
given the right to enforce the provisions of this Agreement by
action in law or equity with the prevailing party to be entitled
to costs and reasonable attorneys ' fees.
8 . CAPITAL shall donate the improvements to the CITY
upon completion of construction and shall, thereafter , retain no
-6-
OFFICE OF THE CITY ATTORNEY -1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139
possessory right to the improvements save and except for those
rights set forth hereunder .
9 . The CITY agrees to accept the donation of the
improvements by CAPITAL for the public purpose for which it is
intended.
10 . The CITY agrees that there will be no use change
for the improvements unless CAPITAL approves such proposed
changes or unless the use of the entire Flamingo Park property
is changed. However , the CITY reserves the right to use the
facility for non-tennis events on certain occasions.
11. CAPITAL stipulates and agrees that it is now and
will be at the time of completion of the improvements able to
give the CITY complete possession of said premises and will make
all necessary arrangements for the delivery of such possession
to the CITY upon completion of construction of the premises.
12. CAPITAL agrees that upon completion of the
improvements, it will warrant that there are no existing liens
for construction costs or any other costs, including mechanic ' s
liens , save and except for the building to be constructed there-
on by the CITY and noted above. A Contractors ' Affidavit and
Release of Liens in accordance with the Florida Mechanics Lien
Law shall be provided the CITY prior to acceptance of the im-
provements by the CITY.
13 . CAPITAL agrees that it will assign to the CITY
all contractors ' building warranties.
14 . CITY, as an entity of Government, is subject to
the appropriation of funds by its legislative body in an amount
sufficient to allow continuation of its performance in accord-
ance with the terms and conditions of this Contract. The
funding will not be unreasonably withheld.
15 . CAPITAL hereby agrees to make available to the
CITY a loan in an amount not to exceed $250 ,000 at an interest
rate not to exceed six and one-half (6 1/2%) payable in three
(3) years so that the CITY will have available adequate funding
to construct the building noted in Paragraph 7 (d) above. CITY,
-7-
OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139
at its option, may agree to request such a loan and shall be
approved subject to the execution of a Loan Agreement prepared
and approved by CAPITAL and provision of adequate non-ad valorem
security therefor and subject to the execution of a Promissory
Note prepared and approved by CAPITAL and payable to CAPITAL.
Said loan shall be approved by the CITY by duly enacted Ordi-
nance of the City Commission approving the Loan Agreement and
form of Promissory Note indicating the specific terms of the
loan and adequate security therefor. CITY shall notify CAPITAL
within four (4) weeks of the date hereof as to its intent to
exercise this option or to provide alternate funding for the
construction of the building noted above.
16 . In the event the CITY receives other private
donations specifically for the improvements or with no particu-
lar designation for their use in the construction, said funds
shall be transferred to CAPITAL for its use in construction of
the improvements and for that purpose alone. Said funds shall
be segregated by CAPITAL and separately accounted for to the
CITY at the time of completion of the improvements. CITY may
retain and utilize other private donations for the purpose of
construction of the building or to defray other CITY incurred
costs in connection herewith if the funds are so designated by
the donor or if approved by CAPITAL, if not so designated.
17 . In accordance with the City Charter , and if
required as a matter of law, should project require bond financ-
ing, such bonding shall require City referendum before the fund-
ing of this project.
-8-
OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139
CAPITAL BANK
BY: ABEL HOL
CHAIRMAN OF THE BO' D
AND PRESIDENT
EXECUTION OF CONTRACT APPROVED
BY CITY COMMISSION ON JUNE 1, 1983,
pursuant to Resolution No. 83-17343 CITY OF MIAMI BE'
adopted May 17, 1983% by the
City Commission.
MAYOR, CITY OF MIAMI BEACH
ATTEST:
CITY CLERK, CITY OF MIAMI BEACH
MLB: kt
613E
FORM APPROVED
LEGAL DEPT.
ByAl ,`�t cvzQ�G
Date 6 —/-
-9—
OFFICE
—9—OFFICE OF THE CITY ATTORNEY- 1700 CONVENTION CENTER DRIVE-MIAMI BEACH, FLORIDA 33139
I►'tovMNC; CHICK LIST - BID Mo. Page of
Items 'marked -X' are required under this'bid and any contract awarded.
Bee section entitled 'Insurance aequir.e..nte'
114$V1 ,NCK LiKTT$ (rigur.s denote minimums)
X 1. HORJOER'S COMPENBATIOM AND EJCPLQYXR'3 - STATUTORY LIMITS OT TME STATE
LIABILITY (COMPANY MUST BI LIC=(lm ' O7 7LORIDA
TO DO BUSINESS IN STATS O7 TLORIDA)
X 2. GENERAL LIABILITY kODILY INJURY IROPTRTY rAmos
, PRD(IBZS OPERATIONS (MLC OR OL.&r ARL
REQUIRED) INCLUDED
PRoDVCTS AND COMPLETED OPERATIONS $1 ,000,000 Single Limit Bodily Injury
INCLUDED Injury A Property Damage Combined.
IXDXPZXDZS7T CONTRACTORS (0.c.1.) Each Occurrence.
INCLUDXD
ELEVATORS INCLUDED
SUPERVISION EXCLUSION DELETED
X PERSONAL INJURY LIABILITY
]. BROAD PORK PROPERTY DAMAGE ENDORSEMENT •
X 4. CONTRACTUAL INDEMNITY/HOLD RANK/ASS OR
LDDORSEXE?TT EXACTLY AS MRITTlll( IN $1,000,000 dingle Limit Bodily
'INSURANCE REQUIREMENTS' SEC?ION 07 Injury A. Property Damage Combined.
THESE SFECIFICATIQIS Each Occurrence
X
S. AUTOi•.OEILI LIABILITY $100/300,000 $ S0,000
OWED AUTOMOBILES INCLUDED Each Occurrence
NOU—OWWXD AUTOKOSILES IMCU.TDLD
R1 1D AtTTCOiolILE$ INCLUDE)
6. UKIIRLLLA LIABILITY $1,000,000 $1,000,000
• (Including Primary Coverages)
7. GA)J.C5 LIABILITY 5100/300,000 $ 50,000
Each Occurrence
3. GAA GARAAIEKAIPaarLZOAL LIABILITY
X y. C I TeO gruMMED AS ADDITIONAL INSURED ON (AUTOMOBILE & GENERAL LIABILITY)
POLICY(IES). MUST ALSO STATE ON CERTIFICATE, " THIS COVERAGE IS PRIMARY TO
ALL OTHER COVERAGES THE CITY HAS FOR THIS SPECIFIC CONTRACT ONLY".
10. TZAC?iFRU' ?P0riasIQIAL LIABILITY
11. DRAM SHOT EXCLUSION DELETED, i LIQUOR LE,^.AL LIABILITY WILL BE PROVIDED.
12. CROSS LIABILITY OR SXV1RAIILITY OF INTERESTS CLAUSE ENDORSEMENT.
X 13. XCU PRDPZRTY DA kai 87CCLURI0a1 DYLETID AND TIRE COV'ERA0E WILL IE PROVIDED.
14. TIRE LEGAL LIABILITY
15. AN ?c2.77:ORsrkti T SHALL IX ISSUED ITATIWO THAT TUX CITY WILL POT BE
LIABLE TOR THE PAYf4E4TS TOA ANY PREMIUMS OR ASSLISNEWTB ON ANY
POLICIES ON MHICH IT II IAMB.
16. OTHER DIBUPJ. CZ AS INDICATED BZLOWfi
X 17. ' I (30) DAYS prior written notice of cancellation required
X 18. BEET'S GUIDE RATIMai AIX OR BATTER, OR ITS EQUIVALENT
11. THE CIX1'I7IC1.TX KURT STATE SID NUMBER AND TITLE
BIDDER AJID INSURANCE AGENT STATEMENT:
Me under.tand the Insurance Requirements of these ■pecifications and
that evidence of in.urability may ha required within five (5) days
after bid opcning and that these coverages are available.
BItrAR INIUK&XCE AOXt2CY
Sig»atur. of Bidder Signature of bidder's Agent
AGENT'S ERRORS AND OMISSIONS POLICY
laR2 OF FLA. RESIDENT AGT. .
POLICY COMPANY EXPIRATION MOUNT OF
ADDRESS L PHONE NLTMiiER
NUMBER DATE COVERAGE
BID NO. CITY OF MIAMI BEACH
DATES
685 JUL II AM 9: 53 85R205 ( 39
I' QUIT-CLAIM DEED RAMCO FORM B nFF
REC 12569pG 1310
i
This Quit-Maim Deed, Executed this 27th day of December A. D. 1984 , by
CAPITAL BANK, a Florida banking corporation, having its principal place of
business at 1666 Kennedy Causeway, Miami, Florida
first party, to
i the CITY OF MIAMI BEACH, FLORIDA
whose postoffice address is 1700 Convention Center Drive, Miami Beach, Florida
second party:
(Wherever used herein the terms "first party" and "second party" shall include singular and plural, heirs, legal
representatives, and assigns of individuals, and the successors and assigns of corporations, wherever the context
so admits or requires.)
ii iiltnesseth, That the said first party, for and in consideration of the sum of 5 1.00 (ONE dollar),
in hand paid by the said second party, the receipt whereof is hereby acknowledged, does hereby remise, re-
lease and quit-claim unto the said second party forever, all the right, title, interest, claim and demand which
the said first party has in and to the following described lot, piece or parcel of land, situate, lying and being
in the County of Dade State of Florida , to-wit:
The stands, fences, scoreboards and other improvements collectively
1I constituting the tennis stadium, together with the interest, if any,
in the City support building constructed on behalf of the City of
Miami Beach, which improvements and building are located at or around
Thirteenth Street and Meridian Avenue in Flamingo Park, Miami Beach,
Florida,
Subject to the terms and conditions in the Agreement of August 5, 1983,
between Capital Bank and the City of Miami Beach, as amended on May 14,
1 1984, which Agreement and Amendment is attached hereto and incorporated
herein by reference.
i11
ii
!j
I
li
i
I11�
II
'i
To Have and to itoldta1e same together with all and singular the appurtenances thereunto
' belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim what-
II
9 Y PP 9. 9 q Y
I: soever of the said first party, either in law or equity, to the only proper use, benefit and behoof of the said
1 second party forever.
il
in Witness 'hereof, Thr said first party has signed and sealed these presents the day and yepr
I first above written.
Signed. sealed and delivere in presence of:
I' / / , CAPI A . i A ,..��, v ,'"l
1 6-1-6f:2
1 �/ I /
.�
1., . t.v(r- ,. '
Abel = z w •f ther �i
cl-{"(y
and • -• . t a
114414'
S'tJ(TE OF FLORIDA, Att' yrs �`'
CC)UNTY OF Dade 1. .,,,,,r;:,:..,,
I HEREBY CERTIFY that on this day, before me, an
officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared
Abel Holtz and Layton VJ. Reeve
esidc9emZt axed Cashier of the corporation nam�d as firstart
to me known to be th escn ed to and w o executed the [oreg Ing instrument an the ac ovule ged
before me that .they executed the same.
WITNESS my hand and official seal in the County and State last aforesaid this :27tth •. day of
December A. D. 19 84 . -- ' t'? , R c;•:
NOTARY PtIP,LIC. ST;TF CF FLRRittA ALAB ".
MY CC;MN;i iIY! EXPiFia3 JAN 3,•11387
BONDED T TROUGH MUROSKI-ASHTON,INC. ",,
This InsThiment prepared by: Alan H. Rauzin, Esq. IIIIRAINOID Ir PODIUM MORN Nil
Capital Bank OF DADE COUNTY, FLORIDA, /
Addresss1666 Kennedy Causeway RECDRD VEAIFIEJ
Miami, Florida 33141 QICHARD,$,HRIN) , ///
MIRK CIRCUIT MAI
•
I
d
�11011
C T\
ao
a
O ��r p
Ufts
2re
�r
a
Jamb
a
v
I
1985 JUL 11 AM 9: 53 858208140
°in12569PG1311 '` '
DEDICATION
On or about December 16, 1984 , Abel Holtz, as President
of Capital Bank, forever dedicates the Abel Holtz Stadium
located at Flamingo Park, Miami Beach, Florida, to the City
of Miami Beach as a public tennis stadium for use as such
by the public. This dedication will incorporate by reference
the Amended and Restated Agreement dated August 5, 1983 and
the First Amendment thereto executed on May 14, 1984, by and
between Capital Bank and the City of Miami Beach, copies of
which are attached hereto, and, pursuant to said contract
and amendment.
•r
CAPITAL BANK
Abel Holtz , Chai man of the Board
and President
STATE OF FLORIDA )
COUNTY OF DADE )
SWORN and UBSCRIBED-�before me
this Fjday of C- , 198,S11 .
NOTARY` PUBLIC, $,TE OF FLORID ga' I• •
r'• ai
• 1 7LT ,LARGE
O s 0
•
U A \oinmjssion Expires:
it 'ft'O �Y P.IfBLIC, STATE OF FLORIDA AT LARGE
f E1` ,A4MMISSiON EXPIRES JAN.3, 1981
BONDED THROUG-I MUROSKI-ASHTON•ING
H7 pr..",nes
r • OFF
REC12569Pc1312
RESOLUTION NO. 83-17402
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF MIAMI REACH, FLORIDA, AUTHORIZING THE EXECUTION
OF THE AMENDED TENNIS AGREEMENT ENTERED INTO BY
AND BETWEEN CAPITAL BANK AND THE CITY OF MIAMI
BEACH.
WHEREAS, the parties desire to enter into this Agree-
ment for the purpose of providing the CITY with a Tennis Stadium
facility located at Flamingo Park, Miami Beach, Florida; and
WHEREAS, the parties believe that the construction of
said facilities would be of great public benefit to the CITY and
its citizens and constitutes a valid public purpose; and
WHEREAS, CAPITAL wishes to make a gift and donation of
certain of such facilities to the CITY for its use and benefit;
NOW, THEREFORE, BE IT RESOLVED :3Y THE CITY COMMISSION
OF THE CITY OF MIAMI BEACH:
That the City Commission authorizes the execution of
the amended Tennis Agreement entered into by and between Capital
Bank and the City of Miami Beach.
PASSED and ADOPTED this 6th day of July, 1983 .
MAYOR I
ATTEST:
C .TY CLERK
7013L
[, 11
� 11
tU
kI. 5 19
r\e_�
nr e.ne r r Tur r1Tv AT1nPMry 17M rnmvrNTIrN rrkn I R I)flIVF -MIAMI REACH FI ('HIDA 33139
REC12569PG1313
AMENDED AND RESTATED AGREEMENT
THIS AGREEMENT entered into this 3L. day of A(A-Civ- ,
1983 , by and between CAPITAL BANK, a Florida commercial bank
organized under the laws of the State of Florida (hereinafter
"CAPITAL") and the CITY OF MIAMI BEACH , a Florida municipal
corporation (hereinafter the "CITY") .
WITNESSETH:
WHEREAS , the parties desire to enter into this Amended and
Restated Agreement for the purpose of providing clarification of
that certain Agreement by and between the parties and approved by
CITY Resolution No. 83-17343 and dated June 1, 1983 (the
"Existing Agreement") and to provide the CITY with a Tennis
Stadium in conjunction with existing CITY tennis facilities
located at Flamingo Park, Miami Beach, Florida; and
WHEREAS , the parties believe that the construction of said
facilities would be of great public benefit to the CITY and its
citizens and constitutes a valid public purpose; and
WHEREAS , the parties acknowledge that the existing agreement
is in full force and effect and shall remain so until the
operative date hereof;
NOW, THEREFORE ,
In consideration of the mutual covenants and agreements
herein contained, the parties hereto do hereby agree and restate
their prior agreement as follows:
1. CAPITAL hereby agrees to construct , have constructed
or cause to be constructed certain tennis related improvements
(hereinafter the "Improvements") at Flamingo Park, Miami Beach ,
Florida, and more specifically located at or around Thirteenth
Street and Meridian Avenue , adjacent to the existing Flamingo
Park Tennis Courts 11-5 . These improvements will include:
im 1 2 5 6 9 PG 1 3 1 4
a. Three (3) clay composition tennis courts
surrounded on the north and south by permanent grandstand seating
for approximately two-thousand (2 ,000) spectators and surrounded
on the east and west by portable grandstands of aluminum or hot
dipped galvanized steel or weathered steel, if adequate to our
climate, (on wheels) with a capacity for an additional
approximately three-thousand (3 ,000) spectators, for a total
seating capacity of approximately five-thousand (5 ,000)
spectators.
b. Appropriate fencing , landscaping , sidewalks and
pedestrian paths for access to and from the stadium noted above.
c. Appropriate lighting and electric scoreboard
meeting professional tennis standards.
d. A water sprinkling system for landscaping and
tennis court maintenance.
e. All interior conduits for communications
facilities other than main lines running into the building.
2 . CAPITAL shall be responsible for providing all neces-
sary architectural services and their accompanying fees and
costs, construction and labor costs and engineering fees for the
improvements. The improvements shall be constructed in
accordance with architectural plans to be approved and provided
by CAPITAL and subject to approval of the CITY Planning Depart-
ment, Recreation Department, Code Enforcement Department and
Public Works Department and the CITY' s approval shall not be
unreasonably withheld. Preliminary plans have been prepared by
Architects Di Geronimo and are titled "Abel Holtz Stadium for
Capital Bank Tennis Center" and are dated the 25th day of May,
1983. Within sixty (60) days from the date hereof, CAPITAL shall
submit its final approved architectural plans to the CITY
Planning , Public Works, Code Enforcement Recreation, Fire and
Zoning Departments for their approval and said plans shall be
generally consistent with the preliminary plan noted above. Said
- 2 -
oFr
REc 2569PG 1315
i
approvals shall not be unreasonably withheld. However , final
approval of the plans shall be indicated by the parties
initialling on the final drawings and those final drawings shall
become a supplement to this agreement by reference herein.
CAPITAL shall construct the approved improvements within twelve
(12) months from the date of issuance of the appropriate building
permits for the improvements.
3 . CAPITAL shall submit any and all contracts entered
into with the general contractor for the construction of the
improvements to the CITY for its review and approval.
4 . Within sixty (60) days of the date of the submittal
and approval of the final architectural plans , CAPITAL shall
solicit and receive appropriate bids indicating the total costs
for the improvements and CAPITAL reserves the right to reject the
bids and cause this agreement to become null and void within ten
(10) days from receipt thereof. In the event CAPITAL so
terminates this Agreement, CAPITAL shall be responsible to the
CITY for any actual costs incurred by CITY regarding and directly
arising as a result of this Agreement including actual costs of
fill, if any, outside survey costs or amounts paid to outside
consultants or contractors. CAPITAL shall be responsible for
CITY staff time or in-house services arising directly out of this
Agreement but only if said time is separately reported and
accounted for .
5 . CAPITAL shall, at no expense to the CITY, provide and
show proof that insurance as per the attached insurance Check
List and said insurance shall remain in effect until such time as
the improvements are completed and turned over to the CITY for
operation. The insurance coverage shall extend to and include
the following contractural indemnity and Hold Harmless Agreement:
"The Permitee hereby agrees to indemnify and
hold harmless the City of Miami Beach, a
municipal corporation, its officers, agents ,
and employees from all claims for bodily
injuries to the public in and up to the
amount of $1,000 ,000 for each occurrence and
- 3 -
REC12569Pc1316
for all damages to the property of others in
and up to the amount of $ 1,000 ,000 for each
occurrence with an aggregate of $1,000 ,000
per the insurance requirement under the
specifications including costs of
investigation, all expenses of litigation,
including reasonable attorneys' fees and the
cost of appeals arising out of any such
claims or suits because of any acts or
omissions or commission of any by the
contractor , his agents, servants , or
emloyees, or through the mere existence of
the project under contract .
The foregoing Indemnity Agreement shall
apply to any and all claims and suits other
than claims and suits arising out of the
sole and exclusive negligence of the City of
Miami Beach, its officers, agents and
employees as determined by a court of
competent jurisdiction. The Permittee shall
specifically and distinctly assume all
responsibility for reporting any and all
operations performed or to be performed
under any existing contract made by or on
behalf of the assured and the City of Miami
Beach."
6 . The CITY shall permit the construction of the improve-
ments on the CITY property located at Flamingo Park at a location
approved by the CITY Manager and CAPITAL as shown, tentatively,
on Exhibit "A" .
7 . The obligations of the CITY hereunder include the
following, at the CITY' s sole cost and expense:
a. The CITY shall assure that the property upon
which the improvements are to be constructed is at proper grade
and elevations pursuant to all applicable governmental regula-
tions and if any additional fill is required to be brought in, it
shall be suitable, clean fill materials. The parties recognize
and agree that this condition must be accomplished by the CITY
immediately upon execution hereof in order for CAPITAL' s
construction to commence in time to be completed by approximately
December of 1983 .
b. Except for the grading called for in Paragraph
7 (a) above, CAPITAL shall provide to CITY within thirty (30) days
of the date hereof, a proposed time schedule that enumerate
"milestones" relative to the proposed construction of the
- 4 -
REC 12569PG 1317
improvements. Whereupon, the CITY shall provide, in place and
in coordination with the time of CAPITAL'S construction, all
required utility services to within 5 feet of the property line,
directly adjacent to the tennis stadium and/or to the building
location noted in Paragraph 7 (d) , including, water , sewer ,
electricity, telephone and appropriate communications facilities
required for transmission of radio and television coverage at
events to be held at the improvements. These communications
facilities shall include those normally required to allow the
hook-up and transmission of radio and television signals to
network transmission facilities but does not require installa-
tion of independent transmission facilities located on-site.
c. CITY hereby agrees that the name of the im-
provements shall be the "Abel Holtz Stadium" in perpetuity, and
the entire Flamingo Park tennis facilities shall be renamed the
"Flamingo Park - Capital Bank Tennis Center" and said name will
not be removed, altered or changed unless approved by CAPITAL or
unless as set forth in Paragraph 7f hereof.
d. CITY agrees to construct a + 3 ,000 square foot
building (hereinafter the "building") at a location to be shown
on the final approved architectural plan and said building shall
be air-conditioned and contain a VIP lounge, restrooms , locker
rooms, and appropriate facilities for the press, radio or
television coverage and broadcast of events taking place within
the Stadium and Center . Said construction shall be done by the
CITY at its sole cost and expense and shall be completed within
one year after CAPITAL acquires a construction permit. Such
expense shall not exceed $250 ,000 for the building and
furnishings and if so, then CITY has the option not to construct
said building.
e. Within one (1) year from the date of completion
of the improvements, the CITY shall upgrade and refurbish the
- 5 -
REc12569PG1318
present facilities located at Flamingo Park Tennis Center (to be
renamed the Flamingo Park-Capital Bank Tennis Center) and shall
complete said work no later than twelve (12) months after the
start thereof at its sole cost and expense, not to exceed a total
cost of $100 ,000 . The upgrading shall include refurbishing of
existing restrooms, fence repair or replacement and drainage
improvements.
f. CAPITAL will provide to the CITY an appropriate
signage plan designating the appropriate names (as noted in
Paragraph 7c) for the facility and, upon CITY' s approval, said
signs shall be installed by CAPITAL at CAPITAL' s sole cost and
expense. In the event CAPITAL chooses to change the name of the
Tennis Center, it should submit the name and appropriate new
signage plan to the CITY for approval and CAPITAL may, thereafter
change the signage at its sole cost and expense. All approvals
required in this paragraph shall not be unreasonably withheld.
Any signage, advertising or institutional promotional
material to be emplaced by those providing services in conjunc-
tion with the construction of the improvements or building shall
be subject to approval and such conditions imposed and agreed to
by CAPITAL and the CITY.
g. CITY shall be responsible, at its own cost and
expense, to obtain and pay for all CITY required zoning
approvals, licenses , permits, certificates , surveys and other
approvals of a like nature that may be necessary in order for
CAPITAL to perform the work hereunder .
h. The CITY, within ten (10) days from the date
hereof shall appoint a CITY project coordinator and said
coordinator shall act as CITY liason with CAPITAL for the prompt
and efficient completion of the facilities.
i. CITY shall make the facilities, building and the
presently existing tennis courts designated 1-5 , available to
CAPITAL or its designee with six month' s advance notice , subject
- 6 -
REC 25o9Po13i9
to other CITY' s scheduling, for a Capital Bank sponsored tennis
tournament (or sponsorship by CAPITAL' s designee) once per year
for a period not to exceed three (3) consecutive weeks at any one
time for a period of ten years and at no license cost to CAPITAL
or its designee as partial consideration for the donation herein
made, at CAPITAL' s option. CITY retains the right of approval of
CAPITAL' s designee and said approval shall not be unreasonably
withheld. CAPITAL shall have an opportunity to extend this
period for an additional five (5) years. CAPITAL shall provide
for all expenses relating directly to such tennis tournament and
use of the facilities , courts 1-5 and building, other than
license fees, after the second year . For the first two (2)
years , CITY shall be responsible for the following costs of such
a tournament sponsored by CAPITAL or its designee: license fees,
grounds maintenance and upkeep, utility costs and security, but
CITY shall not be responsible for sponsorship costs such as
promotional and advertising fees, travel expenses and prize
monies. Proceeds from such a tournament ( if held) , other than
concession receipts, shall be kept by CAPITAL or its designated
sponsor.
j . CITY hereby agrees to maintain and upkeep the
improvements and building herein noted in a condition capable of
meeting acceptable standards necessary to attract, on a con-
tinuing basis, major tennis tournaments.
8 . CAPITAL shall donate the improvements to the CITY upon
completion of construction and shall, thereafter, retain no
possessory right to the improvements save and except for those
rights set forth hereunder.
9 . The CITY agrees to accept the donation of the improve-
ments by CAPITAL for the public purpose for which it is intended .
10 . The CITY agrees that the character of the improvements
will remain as a tennis stadium unless CAPITAL approves a
proposed change in character or unless the use of the entire
- 7 -
VE-Fc I2569PG1320
Flamingo Park property is changed the CITY may use the facility
for non-tennis events while still maintaining its general
character as a tennis stadium.
11. CAPITAL stipulates and agrees that it is now and will
be at the time of completion of the improvements able to give the
CITY complete possession of said premises and will make all
necessary arrangements for the delivery of such possession to the
CITY upon completion of construction of the premises .
12 . CAPITAL agrees that upon completion of the improve-
ments, it will warrant that there are no existing liens for
construction costs or any other costs, including mechanic' s
liens, save and except for the building to be constructed thereon
by the CITY and noted above. A Contractors' Affidavit and
Release of Liens in accordance with the Florida Mechanics Lien
Law shall be provided the CITY prior to acceptance of the
improvements by the CITY.
13. CAPITAL agrees that it will assign to the CITY all
contractors' building warranties.
14 . CITY, as an entity of Government, is subject to the
appropriation of funds by its legislative body in an amount
sufficient to allow continuation of its performance in accordance
with the terms and conditions of this Contract. The funding will
not be unreasonably withheld.
15 . CAPITAL hereby agrees to make available to the CITY a
loan in an amount not to exceed $250 ,000 at an interest rate not
to exceed six and one-half percent (6-1/2%) per annum payable in
three (3) years so that the CITY will have available adequate
funding to construct the building noted in Paragraph 7 (d)
above. CITY, at its option, may agree to request such a loan and
shall be approved subject to the execution of a Loan Agreement
prepared and approved by CAPITAL and provision of adequate non-ad
valorem security therefor and subject to the execution of a
Promissory Note prepared and approved by CAPITAL and payable to
- 8 -
REc12569PG1321
CAPITAL . Said loan shall be approved by the CITY by duly enacted
Ordinance of the City Commission approving the Loan Agreement and
form of Promissory Note indicating the specific terms of the loan
and adequate security therefor. CITY shall notify CAPITAL within
four (4) weeks of the date hereof as to its intent to exercise
this option or to provide alternate funding for the construction
of the building noted above.
16 . In the event the CITY receives other private donations
specifically designated for the improvements, said funds shall be
transferred to CAPITAL for its use in construction of the
improvements and for that purpose alone. Said funds shall be
segregated by CAPITAL and separately accounted for to the CITY at
the time of completion of the improvements. CITY may retain and
utilize other private donations not so designated for the purpose
of construction of the building or to defray other CITY incurred
costs in connection herewith.
17 . In accordance with the CITY Charter , and if required
as a matter of law, should project require bond financing, such
bonding shall require CITY referendum before the funding of this
project.
18 . CITY may exclusively lease or operate concessions
within the Tennis Center as permitted by applicable statutes,
charters and ordinances and any proceeds received by the CITY for
said concessions shall be the property of the CITY. However ,
CAPITAL shall be entitled to all proceeds of television, radio or
advertising promotions during a CAPITAL sponsored tournament,
held pursuant to paragraph 7i. hereof and the percentage (%) of
concession receipts permitted by the CITY in its normal
facilities' leases at the time of said tournament.
19 . This Amended and Restated Agreement shall only become
effective when approved by the CITY, through its Commission, and
by CAPITAL, and upon execution hereof. Upon such execution by
all parties this Agreement shall supersede and nullify the
9 -
REc12569PG1322
Existing Agreement. Until such time the Existing Agreement shall
remain in full force and effect.
CAPITAL NK //:/1
BY:
SIMON PORTNOY, EXECUTIVE VICE PRESIDEN'
CITY OF MIAMI BEAC
,z/4 .2!=e51*_
MAYOR, CITY OF MIAMI BEACH
EXECUTION OF CONTRACT APPROVED
by City Commission on July 6
1983 pursuant to Resolution
No. 83-17402 adopted July 6 ,
1983 by the City Commission.
ATTEST:
CITY CLERK, CI Y OF MIAMI BEACH
FORM APPROVED
L[GAL DEPT.
By' „ , 6IVATI
Date"
- 10 -
°Ec12569PG1323
eeo 4
vte,40te &clod
4' FLORIDA 33139
s�.
* '' -VA CA TIONLANU U. S. A. -
a M 'Y
. ,
OFFICE OF THE CITY MANAGER CITY HALL
ROB W.PARKINS 1700 CONVENTION CENTER DRIVE
CITY MANAGER TELEPHONE: 073-7010
COMMISSION MEMORANDUM NO. WS-23
DATE: July 6, 1983
TO: Mayor Norman Cimant and
Members of the City Commission
FROM: Rob W. Parkins
City Manager
SUBJECT: TENNIS STADIUM CONTRACT
A meeting was held on Monday, June 20, 1983 with Clifford Schulman, Attorney for
Mr. Abel Holtz of Capital Bank, Assistant City Manager Ed Gross, Assistant City Attorney
Louise Barrett, several citizens,and myself to discuss the various concerns pertaining to the
contract signed on June 1, 1983 between the City of Miami Beach and Capital Bank for the
Tennis Stadium at Flamingo Park.
After this meeting, the contract was re-written by Mr. Schulman, and a number of the
changes we requested were made. I have attached a copy of the revised contract with the
additions to the contract indicated by an underline, and the deletions indicated with an
over-strike through the wording.
The major contract changes deal with the deletion of those items that required Capital Bank
to approve the City's actions. The following are the items that were added to the contract:
Section 2: Capital must complete construction within 12 months.
Section 4: In the event Capital terminates agreement due to cost of their
project being higher than expected they will pay to the City any
actual out-of-pocket expenses incurred by the City.
Section 7b: Communication facilities limited to normal telephone lines. No
independent transmission facilities are included.
Section 7e: Cost of upgrading by the City not to exceed $100,000.00.
Section 7e: Rename Flamingo Park Tennis Center to Flamingo Park/Capital
Bank Tennis Center.
Section 7i: Courts 1-5 and Stadium to be leased to Capital Bank under this
agreement.
Wording now clarifies City to be responsible only during the
first two years for the following expenses of tournament,
license fees, ground maintenance, utility costs, and security.
Proceeds of tournament are to be retained by Capital.
All concession receipts are the property of the City.
The following are the items that were deleted:
Section 7e: Conversion of four existing hard tennis courts to clay courts.
continued...
AGENDA R-7..A
ITEM
2-Fc12569PG1324
COMMISSION MEMO PAGE 2 JULY 6, 1983
TENNIS STADIUM CONTRACT
Section 7j: Capital is hereby given the right to enforce the provisions of
the agreement by action in law or equity with the prevailing
party to be entitled to costs and reasonable attorneys fees.
Tht major area of discussion with those citizens in attendance at the meeting was the name
change In Section 7e. The citizens were against the name of the facility being changed.
This matter was discussed by the Commission, and Mr. Holtz agreed to the compromise that
the Facility be named Flamingo Park/Capital Bank Tennis Center.
ADMINISTRATION RECOMMENDATION
The City Administration recommends the City Commission review the revised contract and
recommend action to be taken by the City Administration.
RWP:EAG:1g
Attachment
I,
ti
OFF
RESOLUTION NO. 84-17713
REC 12569PG 1325
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH AUTHORIZING THE EXECUTION
OF A FIRST AMENDMENT TO THE AMENDED AND
RESTATED TENNIS AGREEMENT ENTERED INTO BY AND
BETWEEN CAPITAL BANK AND THE CITY OF MIAMI
BEACH.
WHEREAS , the parties desire to enter into this agreement
so as to facilitate Capital Bank making a further tennis-related
improvement to Flamingo Park, Miami Beach , Florida; and
WHEREAS , the acquisition of the building also known as
the City support building (or VIP lounge) by the City in the
manner set forth in the First Amendment is in the best public
interest due to the significant savings which will be realized by
the people of the City of Miami Beach by their acceptance from
Capital of said building at a reduced cost and expense; and
WHEREAS , the parties agree that the construction of the
building in the manner contained in the First Amendment is of
great public benefit and in the interest of the general welfare ,
amusement and recreation of all the people of this City; and
WHEREAS, the City Administration has recommended the
execution of the First Amendment and the City Attorney has
approved it as to form,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH that the City Commission authorizes the
execution of the First Amendment to the Amended and Restated
Tennis Agreement of August 5, 1983 by and between the parties .
PASSED AND ADOPTED this 2nd day of May, 1984 .
-- - , / )i_ - -
Mayor
Attest:
City Clerk
RESR/jhd
524B
FORM APPROVED
LEGAL DEPT.
By
OFFICE OF THE CITY ATTORNEY•1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139
REI 12569PG 1326
FIRST AMENDMENT TO AMENDED AND RESTATED AGREEMENT
OF AUGUST 5, 1983 BY AND BETWEEN CAPITAL BANK
AND THE CITY OF MIAMI BEACH
THIS FIRST AMENDMENT to Amended and Restated Agreement of
August 5, 1983 made this 14th day of May , 1984 by and
between CAPITAL BANK (hereinafter referred to as "Capital" ) and
the CITY OF MIAMI BEACH, a Florida municipal corporation
(hereinafter referred to as the "City") .
WHEREAS, the parties desire to enter into this First
Amendment to the Amended and Restated Agreement dated August 5 ,
1983 by and between the City and Capital for the construction of
certain tennis-related improvements at the Flamingo Park-Capital
Bank Tennis Center , Miami Beach, Florida; and
WHEREAS , the City is desirous of accepting the generous and
civic-minded assistance of Capital, who will be furnishing a City
support building (also known as the VIP Lounge) as an additional
improvement to be located at the Flamingo Park-Capital Bank Tennis
Center ; and
WHEREAS, the aforementioned additional improvement shall be
in the public' s benefit, welfare, amusement and recreation and in
the City' s best interests; and
WHEREAS, the parties acknowledge that the resolutions and
agreements of June 1, 1983 and August 5 , 1983 remain in full force
and effect and shall remain so until the operative dates thereof;
NOW, THEREFORE, in consideration of the mutual covenants and
agreements herein contained and other good and valuable
consideration, the parties hereby execute this First Amendment to
the following sections of their August 5, 1983 Amended and
Restated Agreement:
1. Add new Sl (f) , to read as follows : Capital will
additionally agree to construct, have constructed or cause to be
constructed at the Flamingo Park-Capital Bank Tennis Center , Miami
Beach , Florida a +3,000 foot building (hereinafter referred to as
the "building" but which may also be known as the "City support
building" or "VIP lounge") at a location to be shown on the final
approved architectural plan and said building shall be air-
REe 12569Po 1327 •
conditioned and contain a VIP lounge, restrooms, locker rooms and
appropriate facilities for the press, radio, television and other
media , coverage and broadcast of events taking place within the
stadium and Center . The plans and specifications for the building
are attached hereto and made a part hereof . The plans and
specifications as they may be amended and finalized shall require
the prior written approval of the City Manager . Said construction
shall be funded in the following manner :
(i) The City shall contribute Two Hundred Seventeen
Thousand Five Hundred Fourteen and 44/100 ($217 , 514 . 44) Dollars
towards the cost of said building . This sum shall be payable upon
the execution of this First Amendment;
(ii) Capital shall be responsible, at its sole cost and
expense, to pay for the construction and accompanying labor ,
architectural and engineering fees and costs for the building,
which exceed the sum of Two Hundred Seventeen Thousand Five
Hundred Fourteen and 44/100 ($217 , 514 . 44) Dollars as set forth in
this subsection. Said construction shall be completed within one
year after Capital acquires a construction permit. In the event
that the construction, plan (s) and/or design (s) of the building do
not conform to applicable laws, building codes and ordinances
and/or is not in compliance with the standard of care required by
the law or if such work is otherwise negligent, Capital shall
gratuitously assign to the City Capital ' s claims, causes of
action, rights and remedies against any such architect, engineer ,
surveyor , contractor , subcontractor , independent contractor ,
supplier , materialman or laborer . Provided, however , that the
City is not assuming Capital ' s obligations and liabilities herein.
The City agrees to waive the cost of municipally-issued permits
and licenses issued relative to said building.
2. The parties further agree and stipulate that S7 (d) of
the Amended and Restated Agreement of August 5, 1983 between the
City and Capital, which provided for the City to construct the
-2-
grC 1 2 5 6 9 PG 1 3 2 8
aforementioned building is hereby cancelled, voided and deemed as
being struck from said agreement because Sl (f) now serves as the
final and complete understanding between the parties with respect
to the building discussed therein.
3. All other terms and conditions of the agreements between
the parties shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto this agreement have
set their hands and seals the day and year first hereinabove
written.
CAPITAL BANK
By
Attest: President .I
Executive lice President
A ,
• w
CITY OF MIAMI BEACH
By
Attest: Mayo
G)-4
City Clerk
s yip//y
RESR/jhd
574D FORM APPROVED
LEGAL DEPT.
By
Date S// o /
AtW6dtu IN O{FILIAL RECORD.
Mal
Of DADE COUNTY, FLORIDA.
RECORD YERIFIEJ
RICHARD 8 ERINKE&
ctecttu Mal