City of Coral Gables

File #: 21-3372    Version: 1 Name:
Type: Ordinance Status: Adopted
File created: 11/9/2021 In control: City Commission
On agenda: 3/29/2022 Final action: 3/29/2022
Enactment date: 3/29/2022 Enactment #: 2022-09
Title: An Ordinance of the City Commission authorizing execution of the Second Amendment (“Second Amendment”) to Amended and Restated Lease (“Lease”) between the Biltmore Hotel Limited Partnership, a Florida Limited Partnership (“Developer”) and the City of Coral Gables, a Florida Municipal Corporation (“City”) executed February 10, 1986 and amended and restated July 29, 1999 (“Original Lease”) and amended on January 2, 2001 (the “First Amendment”) amending Section 15 of the lease by revising the property insurance requirements and including a sovereign immunity provision; providing for a repealer provision, severability clause, and providing for an effective date.
Attachments: 1. Signed Ordinance 2022-09, 2. Cover Memo Ordinance Second Amendment to Biltmore Lease 3.8.pdf, 3. Ordinance Second Amendment Biltmore 3.8.pdf, 4. Final Version Second Amendment to Amended and Restated Lease 3.8.pdf, 5. Biltmore - AmWINS RMS Summary (2-26-21), 6. Cover Memo Second Reading Ordinance Amending Biltmore Lease 3.29.pdf, 7. Second Reading Ordinance Second Amendment Biltmore 3.29.pdf, 8. Comments entered into record at meeting, 9. Verbatim Transcript - CCMtg Mar 8 2022 - Agenda Item F-5 - Ordinance authorizing execution of the Second Amendment to Amended and Restated Lease with Biltmore Hotel Limited Partnership
Title
An Ordinance of the City Commission authorizing execution of the Second Amendment (“Second Amendment”) to Amended and Restated Lease (“Lease”) between the Biltmore Hotel Limited Partnership, a Florida Limited Partnership (“Developer”) and the City of Coral Gables, a Florida Municipal Corporation (“City”) executed February 10, 1986 and amended and restated July 29, 1999 (“Original Lease”) and amended on January 2, 2001 (the “First Amendment”) amending Section 15 of the lease by revising the property insurance requirements and including a sovereign immunity provision; providing for a repealer provision, severability clause, and providing for an effective date.




Body
The lease of the redeveloped Biltmore Hotel was originally executed on February 10, 1986, between the City of Coral Gables (the “City”) and the Biltmore Hotel Limited Partnership (the “Developer”). On July 29, 1999, an Amended and Restated Lease was executed combining into one agreement between the City and the Developer the terms and conditions pertaining to the Biltmore Hotel Lease Agreement and the Management Agreement for Operation of the Biltmore Hotel Country Club Property (the “Original Lease”). On January 2, 2001, the City and Developer entered into a first amendment to the Original Lease for the purpose of adjusting the Fixed Rent Amortization Schedule (“First Amendment”) (the Original Lease and the First Amendment being collectively referred to as the “Lease”).

The Lease requires that the Developer secure and maintain, among other insurance requirements, property insurance coverage for all perils equal to the full actual replacement cost of buildings, contents, improvement and betterments ($215,105,000). The market for property insurance, particularly windstorm insurance, in South Florida is extremely difficult, and there are definite limitations on the amount of windstorm insurance that can be purchased by any single buyer. This is particularly true in Miami-Dade County and...

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