2007-26704 ResoRESOLUTION NO.
2007-26704
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE
ATTACHED LICENSE AGREEMENT BY AND BETWEEN THE CITY
OF MIAMI BEACH (CITY AND/OR OWNER) AND THE NEW
WORLD SYMPHONY, INC., A FLORIDA NOT-FOR-PROFIT
CORPORATION (NWS), PERTAINING TO THE NON-EXCLUSIVE
USE OF 175 PARKING SPACES IN THE CITY-OWNED PUBLIC
PARKING GARAGE, BEING DESIGNED, DEVELOPED AND
CONSTRUCTED CONCURRENT WITH THE NWS CAMPUS
EXPANSION PROJECT (THE GARAGE), IN ORDER FOR NWS TO
TEMPORARILY SATISFY ITS PARKING REQUIREMENTS,
PURSUANT TO SECTIONS 130-36 AND 142-368 OF THE CITY
CODE; SAID LICENSE AGREEMENT TO HAVE A TERM OF FIVE
(5) YEARS FROM THE ISSUANCE OF A TEMPORARY
CERTIFICATE OF OCCUPANCY (OR CERTIFICATE OF
OCCUPANCY, WHICHEVER IS APPLICABLE) FOR THE GARAGE
OR SUCH TIME THAT PARKING BECOMES AVAILABLE TO NWS
AT THE PROPERTY PROVIDED FOR IN THE COVENANT IN LIEU
OF UNITY OF TITLE ON BEHALF OF THE OWNER, THE NWS
AND 420 LINCOLN ROAD ASSOCIATES, INC., EXECUTED ON
JULY 12, 2006, WHICHEVER IS EARLIER.
WHEREAS, on January 5, 2004, the City and NWS executed a Lease Agreement
and a Development Agreement (the Agreements) for a portion of the surface parking lot
bounded by Drexel Avenue to the east; North Lincoln Lane to the south; 17th Street to the
north; and Pennsylvania Avenue to the west, regarding the Project, formerly referred to as
"Soundspace" and now referred to as the "New World Symphony Campus Expansion
Project," which provides for the design, development and construction of a not to exceed
50,000 square foot educational performance and Internet broadcast facility; a public
parking garage (the Garage); and certain other public streetscape improvements, including
a park (the Park); and
WHEREAS, on July 12, 2006, a Declaration of Restrictive Covenant in Lieu of
Unity of Title, (Covenant), was executed by and among the City, NWS, and 420 Lincoln
Road Associates, Inc., in orderto provide 175 parking spaces on anon-exclusive basis, in
the 420 Lincoln Road Project for NWS to meet its parking requirement for the Project; and
WHEREAS, due to changing market conditions, the 420 Lincoln Road Project is
being delayed and, consequently, will not be able to accommodate NWS' parking
requirement in time for the estimated completion of the Campus Expansion Project; and
WHEREAS, in orderfor NWS to obtain its building permit, it must demonstrate an
interim parking solution, until such time that parking becomes available as provided for in
the Covenant; and
WHEREAS, the City Administration and NWS have explored various alternatives
to address NWS' parking issue, based on which the Administration is recommending to
make available the required number of spaces in the Garage, on anon-exclusive basis,
all as more specifically set forth in the attached License Agreement between the City and
NWS; and
WHEREAS, the Administration recommends executing the License Agreement
attached hereto, which will allow NWS to temporarily meet its parking requirements until
such time that parking becomes available at the 420 Lincoln Road Project, pursuant to the
terms of the original Covenant.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve and authorize the Mayor and City Clerk to execute the
attached License Agreement by and between the City of Miami Beach (City and/or Owner)
and the New World Symphony, Inc., a Florida Not-For-Profit Corporation (NWS), pertaining
to the non-exclusive use of 175 parking spaces in the City-owned, public parking garage,
being designed, developed and constructed concurrent with the NWS Campus Expansion
Project (the Garage), in order for NWS to temporarily satisfy its parking requirements,
pursuant to Sections 130-36 and 142-368 of the City Code; said License Agreement to
have a term of five (5) years from the issuance of a Temporary Certificate of Occupancy
(TCO) (or Certificate of Occupancy (CO), whichever is applicable) for the Garage, or such
time that parking becomes available to NWS at the property provided for in the Covenant in
Lieu of Unity of Title on behalf of the Owner, the NWS and 420 Lincoln Road Associates,
Inc., executed on July 12, 2006, whichever is earlier.
PASSED and ADOPTED this 21St day of N
RMER, MAYOR
EST:
~~
OBERT PARCHER, CITY CLERK
T:\AGENDA\2007\nov0707\Regular\Parking License Agreement Reso.doc
APPROVED AS TO
FORM & LANGUAGE
~ FOR EXECUTION
~-l~rl~
ity Attome , Date
'~
COMMISSION ITEM SUMMARY
r.....Jn..end Titln•
A Resolution of the Mayor and City Commission authorizing the Mayor and City Clerk to execute a License Agreement
between the City of Miami Beach (Owner) and the new World Symphony (NWS), pertaining to the non-exclusive use of
175 parking spaces in the NWS Garage, in order for NWS to temporarily satisfy its parking requirements pursuant to
Sections 130-36 and 142-368 of the City Code; said License Agreement to have a term of five (5) years from the
issuance of the Temporary Certificate of Occupancy (TCO) for the NWS Facility or such time that parking becomes
available to NWS at the property provide for in the Covenant in Lieu of Unity of Title on behalf of the Owner, NWS and
420 Lincoln Road Associates, Inc ,executed on July 12 2007.
Key Intended Outcome Supported:
Ensure adequate parking for residents and visitors
Supporting Data (Surveys, Environmental Scan, etc.): Available parking is ranked #5 by residents as one of the
changes that will make Miami Beach a better place to live, work, play or visit; 77% of residents rated availability of
parking across Miami Beach as too little or much too little..
Iccno•
Should the City authorize the execution of the License Agreement for the non-exclusive use of 175 parking spaces '
by NWS in the NWS Garage?
Item Summary/Recommendation:
On July 12, 2006, a Declaration of Restrictive Covenant in Lieu of Unity of Title, (Covenant), was executed between
the City, NWS and 420 Lincoln Road Associates, Inc., in order to provide 175 parking. spaces on a nonexclusive
basis in the 420 Lincoln Road Project for NWS to meet the balance of its parking requirement. However, due to
changing market conditions, the 420 Lincoln Road Project is being delayed and consequently will not be able to
accommodate NWS' parking requirement in time for the estimated completion of the Campus Expansion Project. In
order for NWS to obtain its building permit, it must demonstrate an interim parking solution, until such time that
parking becomes available as provided for in the Covenant.
The City Administration and NWS have since explored various alternatives to address NWS' parking issue, based on
which, the Administration is recommending to make available the required number of spaces in the NWS Garage,
subject to execution of the attached proposed License Agreement (Agreement) between the City and NWS,
governing the use of the spaces. The parking spaces would be made available to the NWS on anon-exclusive basis
for a term of five (5) years from the issuance of a Temporary Certificate of Occupancy (TCO) and subject to certain
terms and conditions specified in the attached proposed License Agreement.
The Administration recommends executing the License Agreement, which will allow for NWS to temporarily satisfy its
parking requirements and allow for issuance of the building permit.
Board Recommendation:
Financial Information:
Source of Amount Account
Funds: ~
OBPI Total
Financial Impact Summary:
Ci Clerk's Office Le islative Trackin
Kent Bonde
Si n-Offs•
Redevel a Coordinator ssistant City Manager Ci Manager
r:\AGENDA\2007Wov 21\ConsentWWS Screen~P~cing License Agreement summ.aoc ~,
J
0 ~I 1 I ~M I~ E~~ H AGENDA ITEM 7
~ DATE ~ ~-Z_~7
m MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachN.gov
COMMISSION MEMORANDUM
TO: Mayor David Dermer and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: November 21, 2007
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE THE ATTACHED LICENSE AGREEMENT BY AND
BETWEEN THE CITY OF MIAMI BEACH (CITY AND/OR OWNER) AND THE
NEW WORLD SYMPHONY, INC., A .FLORIDA NOT-FOR-PROFIT
CORPORATION ("NWS"), PERTAINING TO THE NON-EXCLUSIVE USE
OF 175 PARKING SPACES IN THE CITY .OWNED, PUBLIC PARKING
GARAGE, BEING DESIGNED, DEVELOPED AND CONSTRUCTED
CONCURRENT WITH THE NWS CAMPUS EXPANSION PROJECT (THE
GARAGE), IN ORDER FOR NWS TO TEMPORARILY SATISFY ITS
PARKING REQUIREMENTS PURSUANT TO SECTIONS 130-36 AND 142-
368 OF THE CITY CODE; SAID LICENSE AGREEMENT TO HAVE A TERM
OF FIVE (5) YEARS FROM THE ISSUANCE OF A TEMPORARY
CERTIFICATE OF OCCUPANCY (OR CERTIFICATE OF OCCUPANCY,
WHICHEVER IS APPLICABLE), FOR THE GARAGE OR SUCH TIME THAT
PARKING BECOMES AVAILABLE TO NWS AT THE PROPERTY
PROVIDED FOR IN THE COVENANT IN LIEU. OF UNITY OF TITLE ON
BEHALF OF THE OWNER, THE NWS AND 420 LINCOLN ROAD
ASSOCIATES, INC., EXECUTED ON JULY 12, 2006, WHICHEVER IS
EARLIER.
ANALYSIS
On January 5, 2004, the City and NWS executed a Lease Agreement and a
corresponding Development Agreement (the Agreement) for a portion of the surface
parking lot bounded by Drexel Avenue to the east, North Lincoln Lane to the south, 17~'
Street to the north and Pennsylvania Avenue to the west, to build its project (formerly
referred to as "Soundspace" and now referred to as the "New World Symphony Campus
Expansion Project"), which provides for the design, development and construction of a
not to exceed 50,000 square foot educational performance and Internet broadcast
facility, a public parking garage, and certain other public streetscape improvements,
including a park.
On July 12, 2006, a Declaration of Restrictive Covenant in Lieu of Unity of Title,
(Covenant), was executed between the City, NWS and 420 Lincoln Road Associates,
Inc., in order to provide 175 parking spaces on anon-exclusive basis in the 420 Lincoln
Road Project for NWS to meet the balance of .its parking requirement. However, due to
changing market conditions, the 420 Lincoln Road Project is being delayed and
consequently will not be able to accommodate NWS' parking requirement in time for the
City Commission Memorandum
November 21, 2007
New World Symphony -Parking License Agreement
Page 2 of 2
estimated completion of the Campus Expansion Project. In order for NWS to obtain its
building permit, it must demonstrate an interim parking solution, until such time that
parking becomes available as provided for in the Covenant. -
The City Administration and NWS have since explored various alternatives to address
NWS' parking issue, based on which, the Administration is recommending to make
available the required number of spaces in the NWS Garage, subject to execution of the
attached proposed License Agreement (Agreement) between the City and NWS,
governing the use of the spaces. As in the case of the Covenant, the parking spaces
would be made available to the NWS on anon-exclusive basis and subject to the
following terms and conditions as specified in the attached Agreement:
- NWS' outstanding obligation to provide 175 spaces shall be satisfied by the non-
exclusive availability of the 175 spaces in the NWS Garage;
- such spaces shall be made available at market rate to NWS users whose
vehicles are parked therein;
- the term of the Agreement shall be limited to five (5) years from the issuance of a
Temporary Certificate of Occupancy (TCO), or Certificate of Occupancy (CO),
whichever is applicable, for the NWS Garage; or at such time that parking
becomes available to NWS at the property provided for in the Covenant,
whichever occurs first; and
- in the event that the License Agreement creates an ad-valorem tax liability, the
City and NWS shall cooperate in a challenge to such a determination, at NWS'
expense. However, if such challenge is not successful, the NWS shall be
responsible for payment of such ad-valorem taxes.
CONCLUSION
The Administration recommends executing the attached License Agreement which will
allow NWS to temporarily meet its parking requirement until such time that parking
becomes available at the 420 Lincoln Road Project, pursuant to the terms of the original
Covenant. Execution of the Agreement will also allow NWS to obtain its building permit
in order to proceed with the Project, which is now scheduled to break ground by
November 30, 2007.
JMG/TH/KOB
Attachment
T:~AGENDA~2007~Nov2107~Regu-az~Pazking License Agreement Memo.doc
LICENSE AGREEMENT FOR
NON-EXCLUSIVE USE OF PARKING SPACES
KNOW ALL BY THESE PRESENTS that the undersigned New World
Symphony, Inc., a Florida not-for-profit corporation ("NWS" or "Developer"), and
the City of Miami Beach, Florida ("City" or "Owner"), hereby enter into this
License Agreement, which shall be binding on the City and NWS, their heirs,
successors and assigns, personal representatives, mortgagees, lessees, and
against all persons claiming by, through or under them.
WHEREAS, the City and NWS are parties to a Development Agreement,
dated as of January 5, 2004, and as amended by that First Addendum to
Development Agreement, dated February 20, 2007 (the Development Agreement
and First Addendum are hereinafter referred to as the "Development
Agreement"); and
WHEREAS, the Development Agreement, sets forth the City (as "Owner")
and NWS's (as "Developer") .respective responsibilities and agreement to
coordinate and cooperate in the planning, scheduling and approval of the
development, design and construction of the following improvements, to be
located on that certain real property owned by the City, and as described in
Exhibit "A" hereto (the "Development Site"):
(i) performance, educational and Internet broadcast facility
(formerly referred to as "SoundSpace" and now known as the
"NWS Campus Expansion"), together with certain related
amenities, facilities, and other infrastructure improvements
(which, together with the NWS Campus Expansion, are
hereinafter referred to as the "Developer's Improvements"); and
(ii) public municipal parking garage, to be owned and operated by
City, which is anticipated to have six (6) stories and ground floor
retail space (hereinafter referred to as the "Garage"); and
WHEREAS, concurrent with the Development Agreement, the City and
NWS also entered into along-term Agreement of Lease ("Lease"), dated as of
January 5, 2004, setting forth the parties' respective responsibilities and
obligations for that portion of the real property within the Development Site
relating to and comprising the Developer's Improvements; and
WHEREAS, NWS has a required parking obligation for the NWS Campus
Expansion to provide one hundred seventy-five (175) additional parking spaces;
and
WHEREAS, there is an agreement to provide such spaces on nearby
property documented in the covenant recorded at OR Book 25018, Page 1153-
1161 (the "Parking Covenant"), attached as Exhibit "B"; and
WHEREAS, until the parking provided for in the Parking Covenant is
available, NWS must provide an interim parking solution in order to secure a
building permit; and
WHEREAS, this License Agreement will allow sufficient parking to secure
a building permit for NWS until such time as the parking is provided at the
property in the Parking Covenant;
NOW THEREFORE, in consideration of the premises, NWS and City
hereby agree as follows:
1. City hereby agrees to make available to NWS, on anon-exclusive
basis, 175 parking spaces in the Garage. Such spaces shall be
available at market rate, as shall be promulgated by the City, to the
users whose vehicles are parked therein.
2. NWS' outstanding obligation to provide 175 required parking
spaces shall be satisfied by the non-exclusive availability of these
175 spaces in the Garage.
3. The term of this License Agreement shall be limited to five (5) years
from the issuance of a Temporary Certificate of Occupancy ("TCO")
or such other certificate for the NWS Campus Expansion or such
time as the parking becomes available to NWS at the property as
provided for in the Parking Covenant, through the issuance of a
TCO or such other certificate for such property, whichever occurs
first. The TCO or such other certificate for the NWS Campus
Expansion shall not be issued prior to the issuance of the TCO or
such other certificate for the Garage.
4. In the event that Miami-Dade County determines that this License
Agreement creates an ad-valorem tax liability, the City and NWS
shall cooperate in a challenge to such a determination, at NWS's
sole cost and expense. However, if such a challenge is not
successful, the NWS shall be responsible for the payment of such
ad-valorem taxes.
5. The provisions of this License Agreement may be amended,
modified or released by a written instrument executed by NWS and
the City.
6. Invalidation of any of these covenants by judgment of Court shall
not affect any of the other provisions, which shall remain in full
force and effect.
7. All rights, remedies and privileges granted herein shall be deemed
to be cumulative and the exercise of any one or more shall neither
be deemed to constitute an election of remedies, nor shall it
preclude the party exercising the same from exercising such other
additional rights, remedies or privileges.
MIA 179787028v1 11/1/2007 2
8. This Agreement shall be governed by, and construed in accordance
with, the laws of the State of Florida, both substantive and remedial, without
regard to principles of conflict of laws. The exclusive venue for any litigation
arising out of this Agreement shall be Miami-Dade County, Florida, if in State
court, and the U.S. District Court, Southern District of Florida, if in federal court.
BY ENTERING INTO THIS AGREEMENT, DEVELOPER AND OWNER
EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL
BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF,
THIS AGREEMENT.
Signed, witnessed, executed and acknowledged on this day of
2007.
IN WITNESS WHEREOF, NWS, and the City have caused these
presents to be signed in their name by their proper officials.
[SIGNATURE PAGES FOLLOW]
MlA 179787028v1 11/1/2007 3
Witnesses:
Signature
NEW WORLD SYMPHONY, INC.,
A Florida not-for-profit corporation
HOWARD HERRING, President
Print Name 541 Lincoln Road
Miami Beach, Florida 33139
Signature
Print Name
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me by Howard
Herring , as President of New World Symphony, Inc. , a Florida not-for-
profit corporation, on behalf of the corporation. He is personally known to me or
has produced , as identification.
Witness my signature and official seal this day of
2007.
Notary Public, State of Florida at Large
Print Name
My Commission Expires:
MlA 179787028v1 11/1/2007 4
Witnesses:
Signature
Print Name
CITY OF MIAMI BEACH
DAVID DERMER, Mayor
Signature
Print Name
ATTEST:
CITY OF MIAMI BEACH, CITY CLERK Date
Robert Parcher
APPROVED AS TO FORM
& LANGUAGE & FOR EXECUTION
CITY ATTORNEY Date
CITY OF MIAMI BEACH
CITY PLANNING DIRECTOR
Date
APPROVED AS TO
FORM 8~ LANGUAGE
t~ FOR I~CUTION
~~-~ ~7
City Attorney Date
MlA 1 79 78 7028v1 11/1/2007 5
t---- Formatted: Different first page
LICENSE AGREEMENT FOR
NON-EXCLUSIVE USE OF PARKING SPACES
KNOW ALL BY THESE PRESENTS that the undersigned New World
Symphony, Inc., a Florida not-for-profit corporation ("NWS" or "Developer")) and
the City of Miami Beach, Florida ("City" or "Owner")1 hereby enter into this
License Agreement, which shall be binding on the City and NWS, their heirs,
successors and assigns, personal representatives, mortgagees, lessees, and
against all persons claiming by, through or under therm __ """ De~~
aIVHEREAS. the Citv and NWS are parties to a Development Aqreement, _ "
dated as of January 5, 2004, and as amended by that First Addendum to
Development Aoreement, dated February 20, 2007 (the Development Aqreement ',
and First Addendum are hereinafter referred to as the "Development `,
Aqreement"); and
WHEREAS. the Development Agreement, sets forth the Citv (as "Owner"s
and NWS's (as "Developer") respective responsibilities and agreement to
coordinate and cooperate in the planning, scheduling and approval of the
development, design and construction of the following improvements, to be
located on that certain real propertv owned by the City, and as described in
Exhibit "A" hereto (the "Development Site"): `,
Lit performance, educational and Internet broadcast facility~••
(formerly referred to as "SoundSpace" and now known as the •••
"NWS Campus Expansion"), together with certain related •
amenities, facilities. and other infrastructure improvements
(which, together with the NWS Campus Expansion, are
hereinafter referred to as the "Developer's Improvements"): and
(ii) public municipal parking garage, to be owned and operated by
City,.. which is anticipated to have six (6) stories and ground floor
retail space (hereinafter referred to as the "Garage"); and
WHEREAS. concurrent with the Development Agreement, the Citv ands-"---
NWS also entered into along-term Agreement of Lease ("Lease") dated as of
January 5. 2004, setting forth the parties' respective responsibilities and
obligations for that portion of the real propertv within the Development Site
relating to and comprising the Developer's Improvements: and
WHEREAS, fVWS has a e uired arkin obli ation for the NWS Cam us ;~~
------------------ ------
Expansionfo_provide one hundred_seventy-five_(1.75)_additional_parking_spaces;__ ____
and
WHEREAS, there is an agreement to provide such spaces pn nearby _""----
rp operty documented in the covenant recorded at OR Book 25018, Page 1153-
1161 the " arkin Covenant" attached as_ Exhibit " "; and .-:::
WHEREAS until the ..parking provided for in the Parking Covenant is _-
,~vailable, NWS must provide an interim parking solution in order to secure a """-"
--------------------- ---------------- ------------------------------ -
building permi • and_ _"""
Deleted: WHEREAS, the City holds
the fee simple title to the land in the
City of Miami Beach, Fbrida,
respectively known as the New World
Symphony Garage, described in
Exhibit "A°, and hereinafter called the
"NWS Garage';¶
WHEREAS, the City holds the fee
simple title to the land in the City of
Miami Beach, Florida, bounded by
hereinafter called the "City
Property" described on Exhibit "B°;
and¶
WHEREAS, NWS holds a long term
lease on the City Property and is the
proposed developer of a campus
expansion and related facilities on the
City Properly (the "NWS Facility');
and
Deleted: ¶
Formatted: Bullets and Numbering
Formatted: Indent: First line: 0.5"
Deleted: NWS' required parking
;" obligation forthe NWS Facility has
been partially satisfied by providing
parking on the City Property,
however,
- Deleted: requirement
- Deleted:
.- Deleted: within a contemplated
garage
,- Deleted: Garage
" Deleted: C
Deleted: Garage
" Deleted: constructed
- Deleted:.
WHEREAS his License Agreement will allow sufficient parking to secure _-_.---- Deleted: T
abuilding permit for NWS until such time as the parking is provided at the `-~-- r-or,na><tea: Font: N°t B°Id
~roperty in the Parking Covenant; ____-_-_,_.---- Deleted: Garage
NOW THEREFORE, in consideration of the premises, NWS and City
hereby agree as follows:
City hereby agrees to make available to NWS, on anon-exclusive
basis 175 parking spaces in the _ Garage, Such spaces shall be _ _ - ~e~ea: Nws
available at market rate, as shall be promulgated by the City, to the ~~ - Deleted: t° Nws
users whose vehicles are parked therein.
2. NWS' outstanding obligation to provide 175 required parkingt - -- - Formatted: Bullets and Numbering
spaces shall be satisfied by the non-exclusive availability of these "" Deleted: Nws
175 spaces in the~ara~e------------------------------------------------------------- """""
3. The term of~his License Agreement shall be limited to five (5) years _-"."--- Deleted: T
---- --- - - ------ ------------------- - - - - - - -
from the issuance of a Temporary Certificate of Occupancy ("TCO")
or such other certificate for the WS Cam us Ex ansion r such
time as the parking becomes available to NWS at the_property as
provided for ~n the Parking- Covenant,, xhrough the issuance of a
TCO or such other certificate for such propert~r _ whichever occurs
first.
-- Deleted: NWS Facility
_ _ ~ Deleted:
`~ Deleted: a TCO has been granted
_ -~ Deleted: the
Deleted: Garage
4. In the event that Miami-Dade County determines that this LicenseDeleted: crcthercertificate
Agreement creates an ad-valorem tax liability, the City and NWS
shall cooperate in a challenge to such a determination, at NWS's
sole cost and expense. However, if such a challenge is not
successful, the NWS shall be responsible for the payment of such
ad-valorem taxes.
5. The provisions of this License Agreement may be amended,
modified or released by a written instrument executed by NWS and
the City.
6. Invalidation of any of these covenants by judgment of Court shall
not affect any of the other provisions, which shall remain in full
force and effect.
7. All rights, remedies and privileges granted herein shall be deemed
to be cumulative and the exercise of any one or more shall neither
be deemed to constitute an election of remedies, nor shall it
preclude the party exercising the same from exercising such other
additional rights, remedies or privileges.
8. This Agreement shall be governed by, and construed. in accordance
with, the laws of the State of Florida, both substantive and remedial. without
regard to principles of conflict of laws. The exclusive venue for any litigation
MIA 179787028v1 11/1/2007 2
arising out of this Agreement shall be Miami-Dade County, Florida, if in State
court, and the U.S. District Court, Southern District of Florida, if in federal court.
BY ENTERING INTO THIS AGREEMENT DEVELOPER AND OWNER
EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE 'TO A TRIAL
BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF,
THIS AGREEMENT.
t------ Formatted: Normal, Indent: Left:
Signed, witnessed, executed and acknowledged on this day of o.s^, First line: o"
2007.
IN WITNESS WHEREOF, NWS, ~_ and the City_ have caused these ._..--- ~~d: Development
---------- - - ------------------------------------
presents to be signed in their name by their proper officials..
[SIGNATURE PAGES FOLLOW]
Mia ~~s~s~o2s~~ w~noo~ 3
Witnesses: NEW WORLD SYMPHONY, INC.,
A Florida not-for-profit corporation
Signature
HOWARD HERRING, President
Print Name 541 Lincoln Road
Miami Beach, Florida 33139
Signature
Print Name
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me by Howard
Herrins~ , as President of New World Svmphonv, Inc. , a Florida not-for-
profit corporation, on behalf of the corporation. He is personally known to me or
has produced , as identification.
Witness my signature and official seal this _ day of , 2007.
Notary Public, State of Florida at Large
Print Name
My Commission Expires:
MIA 179787028v1 11/1/2007 4
Witnesses: CITY OF MIAMI BEACH
Signature
Print Name
Signature
Print Name
ATTEST:
CITY OF MIAMI BEACH, CITY CLERK
Robert Parcher
APPROVED AS TO FORM
& LANGUAGE & FOR EXECUTION
DAVID DERMER, Mayor
Date
CITY ATTORNEY Date .--- Deleted: CITY OF MIAMI
---- ----- ------ ----~" BEACH . - Date¶
CITY OF MIAMI BEACH
CITY PLANNING DIRECTOR
Date
MIA 179787028v1 11/1/2007 5