84-17713 ResoRESOLUTION NO. 84-17713
i
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 he 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.
Attest:
City Clerk `
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524E
FORM APPROVED
LEGAL DEPT,
8y
�ayor
OFFICE OF THE CITY ATTORNEY • 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
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 Mav 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 §1(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 -
OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE -MIAMI BEACH, FLORIDA 33139
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 comp,�Jance 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 §7(d) of
the Amended and Restated Agreement of August 5, 1983 between the
City and Capital, which provided for the City to construct the
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OFFICE
2: -OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE -MIAMI BEACH, FLORIDA 33139
aforementioned building is hereby cancelled, voided and deemed as
being struck from said agreement because 51(f) now serves as the
final and complete unders.tanding 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.
Attest:
Attest:
City Clerk
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574D
CAPITAL BANK
By GktLQ
President
Executive ice President
CITY OF MIAMI BEACH
1
By'r"��
Mayo !
FORM APPROVED
LEGAL DEPT.
By
DateS��o /
-3,-
OFFICE OF THE PITY ATTORNEY -,1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
:CIT'Y* OPMIAM) BEACH
TO: DATE:
Mr. Ed Gross May 3, 1984
Assistant City manager
FROM:
Rafael E. Suarez -Rivas
AaSistant City Attorney
SUBJECT:
First Amendment to Capital Bank/City Agreement
Attached hereto please find the First Amendment to the above
agreement which now includes the "assignment of rights" language
added by the City Commission.
RESR/jhd
cc: E16ine Matthew
LAD