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RESOLUTION 91-20230 RESOLUTION NO. 91-20230 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE A FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE HOLOCAUST MEMORIAL COMMITTEE, INC. WHEREAS, the City of Miami Beach (The "City") and the Holocaust Memorial Committee, Inc. (the "Committee") entered into an Agreement relating to the Holocaust Monument on July 31, 1987 (The "Agreement: ) ; and WHEREAS, the City and the Committee wish to amend the Agreement to provide for certain changes in the membership to the Board of Trustees; and WHEREAS, the attached First Amendment has been recommended by the City Manager and approved as to form by the City Attorney. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and the City Clerk are hereby authorized to execute the attached First Amendment to Agreement between the City of Miami Beach and the Holocaust Memorial Committee, Inc. PASSED and ADOPTED this 23rd day of January , 1991. --. r 1,, '• VICE -MAYOR ATTEST: CITY CLERK FORM AP LEGAL DEPi. PNB/7 a l By '> a: \holamd.res Date ` � l FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF MIAMI BEACH AND THE HOLOCAUST MEMORIAL COMMITTEE, INC. THIS FIRST AMENDMENT TO AGREEMENT entered into this 23rd day of January , 1991 by and between the City of Miami Beach, a Florida municipal corporation, (the "City") , and the Holocaust Memorial Committee, Inc. , a non-profit Florida corporation (the "Committee") WITNESSETH Whereas, the City and the Committee entered into an Agreement relating to a Holocaust Monument in the City of Miami Beach on July 31, 1987 (the "Agreement") ; and WHEREAS, the City and the Committee wish to amend the Agreement to provide for certain changes in the membership of the Board of Trustees; NOW, THEREFORE,, in consideration of the mutual covenants and Agreement herein contained and other good and valuable considerations, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Paragraph 4A of the Agreement relating to the composition of the Board of Trustees is hereby amended to read as follows: A. Composition The Holocaust Memorial shall have a Board of Trustees of eleven (11) twelve (12) members, consisting of the following: (1) City Manager of the City of Miami Beach or his designee. (2) The Department head of the City of Miami Beach responsible for Parks and Recreation. (3) Nine (9) Ten (10) members designated at the sole discretion and choice of the Committee. Each of the nine (9) ten (10) members who are initially designated by the Committee shall serve for his or her life, or earlier resignation or incapacity. Within ninety (90) days of the death, resignation or incapacity of any Committee designated member such member shall be replaced by the majority vote of the remaining Committee designated members or successors then serving. The initial ten members are hereby designated by the Committee as follows: 1. Norman Braman; 2 . Dr. Helen N. Fagin; 3 . George Goldbloom; 4 . Ezra Katz ; 5. Harry B. Smith; 6. Jack Chester; 7 . Kenneth Treister; 8 . David N. Schaecter; 9 . Rabbi Solomon Schiff; and 10. Abe Resnick, (but only as an ex- • officio, non-voting member, until such time as Abe Resnick shall no longer hold elected office in the City of Miami Beach, and at such time he small become a full member with voting privileges) . 2 . This First Amendment shall supersede the Agreement, and in the event of any inconsistency between the terms and conditions of the Agreement and the terms and conditions of this First Amendment, this First Amendment shall prevail. All other terms and conditions of the Agreement are hereby ratified and confirmed. IN WITNESS WHEREOF, the parties hereto have hereunto caused these presents to be signed in their names by their duly authorized officers and principals, attested by their respective secretary and City Clerk on the day and year first hereinabove written. CITY OF MIAMI BEACH 12-- / / , B tk, a Y: /61)4A- VICE -MA 0 Attest: ' 4 -'(i'c.),..0,.A.k . i *v CIAJ!"-- CITY CLERK HOLOCAUST MORIAL COMMITTEE, INC. a not f. rof it Fl. ida corporation By: / Iiii& • P••7:I DEN Attest: / i," , / /if hat FORM APPROVED CORPORATE SECRETARY LEGAL DEPT . a: \holocaus.amd By t Date ± /7- 2 ORIGINAL RESOLUTION NO. 91-20230 Authorizing the Mayor and the CityClerk k to execute a first amendment to the agreement between the City of Miami Beach and the Holocaust Memorial Committee, Inc.