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RESOLUTION 92-20442 RESOLUTION NO. 92-20442 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE A SECOND 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 entered into a First Amendment on January 23 , 1991; and WHEREAS, the City and the Committee wish to further amend the Agreement to provide for certain changes in the membership to the Board of Trustees; and WHEREAS, the attached Second 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 Second Amendment to Agreement between the City of Miami Beach and the Holocaust Memorial Committee, Inc. PASSED and ADOPTED this 5th day of February , 1992 . ATTEST: *4( .\/\.) L0,,j(N------ City ayor a or FORM/APPROVED PNB: lm LGLL DEPT. C:resoluti.\holocaus.amd January 22, 1992 By Date l 2 2 9 2— SECOND AMENDMENT TO AGREEMENT BETWEEN CITY OF MIAMI BEACH AND THE HOLOCAUST MEMORIAL COMMITTEE, INC. THIS SECOND AMENDMENT TO AGREEMENT entered into this 13th day of March , 1992 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") . W I T N E S S IsT H 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 entered into a First Amendment to the Agreement on January 23 , 1991; and WHEREAS, the City and the Committee wish to further 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 twelve (12) members, consisting of the following: (1) _ or hi des i g„ey. The designee of the City Manager of the City of Miami Beach, which designee shall not be the City Manager. (2) The Department head of the City of Miami Beach responsible for Parks and Recreation. (3) Ten (10) members designated at the sole discretion and choice of the Committee. Each of the 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 14 • 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, an at such time he shall become a full member with voting privileges) . 2 . This Second Amendment shall supersede the Agreement and the First Amendment, and in the event of any inconsistency between the terms and conditions of the Agreement or the First Amendment and the terms and conditions of this Second Amendment, this Second Amendment shall prevail. All other terms and conditions of the Agreement and the First Amendment 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. f( CITY ( F MIAMI BEAC By• Ma • ATTEST: ,‘„A E City Clerk FORM APPROVED HOLOCAUST MEMORIAL COMMITTEE, INC. LIUL DEPT. a no 'Jr /Florida corporation 1, 00' Date By:Pr=s ident ATTEST: 1 Co' porate ecretar)/ PNB: lm c:\agreements\holocaus.2am January 22, 1992 ORIGINAL RESOLUTION O. 92-20442 Authorizing the Mayor and the City Clerk to execute a second amendment to the agreement between the City of Miami Beach and the Holocaust Memorial Committee, Inc .