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RESOLUTION 90-19997 RESOLUTION NO. 90-19997 AMENDMENT NO. 1 TO THE LEASE AGREEMENT BETWEEN THE CITY OF MIAMI BEACH PARKING DEPARTMENT AND AMERIFIRST BANK, A FEDERAL SAVINGS BANK, FOR A TOTAL OF EIGHT (8) PARKING SPACES IN MUNICIPAL PARKING LOT 24-B BETWEEN 6: 00 A.M. AND 6: 00 P.M. , MONDAY THROUGH FRIDAY PROVIDING FOR DESIGNATED PARKING SPACES FOR PATRONS OF THE BANK; EXTENDING THE LEASE AGREEMENT TO JUNE 23, 1991, INCLUDING A FIVE PERCENT (5%) COST ADJUSTMENT IN CONSIDERATION OF THE CONTRACTUAL CHANGES REPRESENTING A TOTAL ANNUAL LEASE PAYMENT IN ADVANCE OF $2 , 688. 00. WHEREAS, Amerifirst Bank, a Federal Savings Bank, currently has a lease for five parking spaces in the City' s Municipal Parking Lot 24-B which lease expires on June 23 , 1990 ; and WHEREAS, Amerifirst Bank has requested that the subject lease agreement be increased to provide for a total of eight municipal parking spaces; and WHEREAS, Amerifirst Bank has also requested that the subject Agreement be extended for another one-year period through and including June 23 , 1991 ; and WHEREAS, Amerifirst Bank has agreed to a five percent (5%) cost adjustment in consideration of the contractual changes, representing a total annual lease payment in advance of $2 , 688 . 00. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the City Commission of the City of Miami Beach hereby duly authorizes the Mayor and City Clerk to execute Amendment No. 1 to the Lease Agreement between the City of Miami Beach Parking Department and Amerifirst Bank, A Federal Savings Bank, to provide for a total of eight (8) parking spaces in Municipal Parking Lot 24-B between 6: 00 a.m. and 6: 00 p.m. , Monday through Friday and to provide for designated parking spaces for patrons of the bank; said lease agreement is hereby extended up through and including June 23 , 1991, and shall include a five percent (5%) cost adjustment in consideration of the contractual changes, representing a total annual lease payment in advance of $2 , 688 . 00. PASSED and ADOPTED this 6th day of June 1990 . Iry R ATTEST: r �• FORM APPROVED CITY CLERKDEP,/ LEGAL u R By )1", _ /.A. Date --90 eetf //(4m I ead ••••., FLORIDA 3 3 1 3 9 =PM1 BEq i .. *1INCOR`.ORATED *' VACA TIONLANI) U. S. A. " 9 ' .Cy 26`5-- OFFICE OF THE CITY MANAGER CITY HALL ROB W.PARKINS 1700 CONVENTION CENTER DRIVE CITY MANAGER TELEPHONE: 673-7010 (S1S-9 �J COMMISSION MEMORANDUM NO. 1 . DATE: June 6, 1990 TO: Mayor Alex Daou• : • Members of t - ity Comm'-sio FROM: Rob W. Par ins //4i CityManager ',ADP , SUBJECT: AMENDMENT No. TO THE LEASE AGREEMENT BETWEEN THE CITY OF MIAMI BEACH PARKING DEPARTMENT AND AMERIFIRST BANK, A FEDERAL SAVINGS BANK, FOR EIGHT (8) PARKING SPACES IN MUNICIPAL PARKING LOT 24-B BETWEEN 6:00 AM AND 6:00 PM, MONDAY THROUGH FRIDAY; AND PROVISION OF DESIGNATED PARKING SPACES FOR PATRONS OF THE BANK. On June 23, 1989, the City of Miami Beach entered into a one-year lease agreement with Amerifirst Bank, a Federal Savings Bank, for the use of five parking spaces in the City's Municipal Parking Lot 24-B located at 71st Street and Rue Vendome. Paragraph 10 of the Agreement provides for the extension and renegotiation of the terms, conditions and rates applied to this rental . Amerifirst Bank has approached the City to extend the rental of the spaces and include an additional three spaces in the lot for another one year term. The Bank has agreed to a 5% cost adjustment (in line with the Consumer Price Index) as compensation for the space rental . The use of these spaces will be for customers and patrons of Amerifirst Bank, Monday through Friday during the operational hours of 6:00 AM and 6:00 PM. The fee applied to these meters will be $28.00 per space per month. Payment of $2,688.00 will be due and payable in advance for the year upon execution of the Agreement. ADMINISTRATION RECOMMENDATION: The Administration recommends that the City Commission authorize the Mayor and City Clerk to execute Amendment No. 1 to the Lease Agreement for eight (8) spaces in the City's Municipal Parking Lot 24-B. RWP:MAM:pc attachments 20 AGENDA ' � 0._ ` ITEM DATE 6, -6)- Ch) AVENDMENT No. ! T1 THE LEASE AGREEMENT BEY EEN 7HE CITY OF MIAMI BEACON PARKING DEPARTMENT AND AMERIFIRST BANK, A FEDERAL SAVINGS BANK, FOR EIGHT (8) PARKING SPACES IN MUNICIPAL PARKING LOT 24B BETWEEN 6:00 AM AND 6:00 PM, MCNDAY THROUGH FRIDAY; AND PROVISION OF DESIGNATED PARKING SPACES FOR PATRONS OF THE BANK. THIS AMENDMENT TO THE AGREEMENT is made and entered into this 6th day of June, 1990, by and between the City of Miami Beach as Lessor (hereafter referred to as "Lessor" or "City") and Amerifirst Federal Savings Bank (hereafter referred to as "Lssee" or "Amerifirst"; . PREAMBLE: Pursuant to the Lease Agreement between the City and Lessor, executed and dated June 23, 1989, the Lessor obtained from the City permission to lease five (5) parking spaces in the Municipal Parking Lot 24-B, located at 71st Street and Rue Vendome to be used solely for and by patrons of Amerifirst Bank, a Federal Savings Bank, during operational hours of 6:00 AM and 6:00 PM, Monday through Friday inclusively. The Lease Agreement provided for the financial compensation of $26.67 per space per month (or $1,600.00 per year) payable in advance. As defined in Paragraph 10 of the Lease Agreement, Lessee has met the obligation to contact the Lesscr regarding the ext?ns;on of the lease agreement for another one-year period; evaluating the rate.; applied to the rental accordingly. NOW, THEREFORE, the parties desire to amend certain provisions of the Lease Agreement dated June 21, 1989, and agree as follows: 1. Recitals: the foregoing recitalP are true and correct. 2. Paragraph 1 of the Lease Agreement shall be amended to read as follows: Paragraph 1 : Lessor leases to Lessee eight (8) spaces in Municipal Parking Lot 24-B,, located at 71st Street and Rue Vendome in Miami Beach, Florida. 3. Paraaraph 3 of the Lease Agreement shall be amended to read as follows: Paragraph 3: The lease rate for these parking spaces shall be $28.00 per space per month, which for the eight (8) spaces totals $2,688.00 per year. 4. Lease payments hereunder shall be due and payable at the time of the execution of this Lease Agreement by Amerifirst Bank. 5. Lease payments shall be made to the City of Miami Beach Parking Department, 1837 Bay Road, Miami Beach, Florida 33139. 6. Lessee ,shall procure and maintain during the term of the lease, cove r a'e including 13cd;'y Injury and Prcper y Dama ze in an amount not less than $1 ,000,000 per occurrence. Said insurance shall provide for primary coverage of the leased property and shall name Lessor as an additional insured, this coverage primary to all other coverage the City has, and shall be issued by an insurance company duly authorized to do business in the State of Florida and rated A:X or better per A.M.Best's Key Rating Guide, latest edition. Lessee shall furnish a certificate disclosing the type and amount of insurance obtained and providing that the- policy not be p y ma y cancelled or materially altered except upon ten (10) days written notice to Lessor. 7. Lessee agrees to indemnify and save harmless, the City of Miami Beach, its officials and employees, and for and on account of the City to make defense against any and all claims, actions, demands,- suits, liabilities, damages and payments, in tort or in contract, including, without limitation, . a-:cidents, liability or loss for injuries to or deaths of persons to property caused by any act or failure to act of Lessee or its employees, servants, agents, members, invites or guests. 8. This lease shall be subject to cancellation by either party upon thirty (30) days written notice by certified mail or hand delivery as follows: TO LESSOR: ROB W. PARKINS, CITY MANAGER City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 2 TO LESSEE: MS. DEE GLASSMAN, LEASING SPECIALIST Amerifirst Bank, a Federal Savings Bank Facilities Management P. 0. Box 026029 Miami , FL 33102-6029 9. This lease shall not be assignable without the prior written consent of both parties hereto. 10. The term of this lease shall be for one (1) year from the date of this agreement. Upon completion of the one-year period, Lessee will be responsible to contact Lessor to request extension of the lease for a subsequent term of one (1) year at a rate to be negotiated at time of renewal . 11. City may elect to renegotiate the lease rate by giving thirty (30) days written notice at any time during the term of the agreement, without prejudicing its rights otherwise hereunder. Renegotiated rates shall take effect by written addendum to this lease executed by both parties hereto. 12. The exercise of rights of cancellation under this :ease may be with or without cause by either party. 3 4. Ratification: Except as herein modified, all of the terms and provisions of the Lease Agreement are hereby ratified and confirmed. IN WITNESS WHEREOF, the parties hereto have caused their names to be signed and their seals to be affixed, as of the day and year first above written. CIT`: Of MAK IF.A'H By: MAY i R Attest: • � E pity Clerk AMERIFIRST BANK, A FEDERAL SAVINGS BANK . 62>- y: ,/ Attest: 7 --I r - 7-2• t YrtiPLIC tC �f r[or 1Jf nom, SS1OP XP 't NMI G NrR.M. it- r; FORM APPROVED LEGAL DtPARTMENT: By: 3/ Date: , 1990 mam/ 0 flGINAL RFSJLUTION NO. 90-19997 Lease agreement between the C.M.B. Parking Department and Amerifirst Bank, a Federal Savings Bank, for a total of Eight (8) parking spaces in Municipal Parking Lot 24-B between 6:00 a.m. and 6:00 p.m. , Monday through Friday providing for designated parking spaces for patrons of the Bank; extending the lease agreement to June 23, 1991, including a five percent (5%) cost adjustment in consideration of the contractual changes representing a total annual lease payment in advance of $2,688.00.