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Resolution 2021-31782 RESOLUTION NO. 2021-31782 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE SECOND AMENDMENT TO USE AGREEMENT WITH THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA, PROVIDING PARKING SPACES FOR NORTH BEACH ELEMENTARY FACULTY AND STAFF; SAID AMENDMENT APPROVING AN ADDITIONAL FIVE (5) YEAR RENEWAL TERM, COMMENCING ON JULY 23, 2021 AND ENDING ON JULY 22, 2026, AND CONCURRENT THEREWITH, MODIFYING CERTAIN TERMS AND CONDITIONS OF THE AGREEMENT. WHEREAS, on October 18, 2000, the Mayor and City Commission approved Resolution No. 2000-24124, authorizing a Use Agreement with the School Board of Miami-Dade County, Florida (the "Board"), for an initial five (5)year term, with subsequent extension options of five (5) years each (subject to mutual consent of the parties) for the Board's use of parking spaces for faculty and staff of North Beach Elementary("NBE"); and WHEREAS,the City and the Board executed that certain Use Agreement, dated October 18, 2000 (the "Agreement"); and WHEREAS, on November 17, 2010, the Mayor and City Commission adopted Resolution No. 2010-27544, approving: (1)a five (5)year extension of the Use Agreement commencing July 23, 2011 and ending July 22, 2016 and (2)the following amendments to the Use Agreement: • The total number of parking spaces available to the NBE was reduced from 48 to 30 and consist of 15 parking spaces along 42nd Street at no charge (pursuant to the Use Agreement), and 15 dedicated parking spaces in the City's surface parking lot on 42nd Street; • The 15 spaces in the City's surface parking lot on 42nd Street would be paid at the annual sum of$3,150 payable in twelve (12) equal monthly installments of$262.50; and • A new Article XXVI entitled "Legal Fees and Court Costs" was added to read as follows: "In the event of any litigation between the parties under this Agreement, each party shall be responsible for its own attorney's fees and court costs through trials and appellate • levels. The provisions of this paragraph shall survive the termination of this Agreement"; and WHEREAS, the City and the Board executed that certain First Amendment to Use Agreement, dated April 12, 2011 ("Amended Use Agreement"); and WHEREAS, on December 9, 2015, the Mayor and Commission adopted Resolution;No. 2015-29207, approving the renewal of the Amended Use Agreement for another five(5)year term commencing on July 23, 2016 and ending on July 22, 2021 ("Renewal of Amended Use Agreement")(the Agreement, as amended by the First Amendment to Use Agreement and the Renewal of Amended Use Agreement shall collectively be referred to herin as the "Agreement"); and WHEREAS, the City and the Board executed that certain Renewal of Amended 'Use Agreement, dated April 14, 2016; and I , WHEREAS, the Board and the City wish to renew the Agreement for an additional five,(5) years, commencing on July 23, 2021 and ending on July 22, 2026, and concurrent therewith, modify the Agreement to: (1) add language that allows for the relocation of the spaces from the 42nd Street lot(P63) to the 42nd Street Garage (G6) at no additional cost; (2) adjust the annual fee from $3,150.00 to $5,625.00, which represents 50% of the current rate of$75 per space for the 15 spaces over a period of 10 months, payable in 12 equal installments of$468.75; (3) update the No Discrimination provision; (4) add a Public Records Law provision; and (5) add the Inspector General Audit Rights provision; and WHEREAS, the City Manager hereby recommends approving the Second Amendment to Use Agreement, incorporated herein by reference and attached hereto as Exhibit "1". 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 City Manager and City Clerk to execute the Second Amendment to Use Agreement with the School Board of Miami-Dade County, Florida, providing parking spaces for North Beach Elementary faculty and staff; said amendment approving an additional five (5) year renewal term, commencing on July 23, 2021 and ending on July 22, 2026, and concurrent therewith, modifying certain terms and conditions of the Agreement. PASSED and ADOPTED this ag day of July 2021. Dan Gelber, Mayor ATTEST: 7291 VZ/7577.( Rafael E. Granado, City Clerk VP y',,, srs o IILORPOORATFD 0 APPROVED AS TO T:\Agenda\2021\10_July28\Parking\School-Parking-Agree.RESO.docx FORM & LANGUAGE & FOR EXECUTION 24 City Attorney t. uat • i Resolutions -C7 V MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Alina T Hudak, City Manager DATE: July 28, 2021 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,APPROVING AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE SECOND AMENDMENT TO USE AGREEMENT WITH THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA, PROVIDING PARKING SPACES FOR NORTH BEACH ELEMENTARY FACULTY AND STAFF; SAID AMENDMENT APPROVING AN ADDITIONAL FIVE (5) YEAR RENEWAL TERM, COMMENCING ON JULY 23, 2021 AND ENDING ON JULY 22, 2026, AND CONCURRENT THEREWITH, MODIFYING CERTAIN TERMS AND CONDITIONS OF THE AGREEMENT. RECOMMENDATION Adopt the Resolution. ANALYSIS On October 18, 2000, the Mayor and Commission approved a lease agreement with Miami- Dade County Public Schools (MDCPS) providing seventy-five (75) parking spaces for North Beach Elementary (NBE) faculty and staff at a discounted parking rate. At the time, NBE expanded their campus which led to the loss of their on-site parking for faculty and staff. The leased parking spaces have since been serving as replacement parking for faculty and staff of NBE. The lease agreement provided for the following: • Twenty-four (24) dedicated parking spaces along 42nd Street at no charge; twenty four (24)dedicated parking spaces in the northern row of the surface lot on 42nd Street at a 50% of the monthly rate during peak season; and twenty-seven (27) parking spaces in the 42nd Street parking garage at 50%of the monthly rate during peak season. • The term of the lease was five (5)years,with unlimited five (5)year extension options, upon the mutual consent of the parties and subject to review of the parking rates based on actual usage realized at the garage and surface parking lot. On November 17, 2010, the Mayor and Commission approved Resolution No. 2010-27544 approving a five (5)year extension and the following amendments to the Use Agreement: Page 536 of 2012 • The total number of parking spaces available to the NBE was reduced from 48 to 30 and consisted of 15 parking spaces along 42nd Street at no charge (pursuant to the lease agreement), and 15 dedicated parking spaces in the City's surface parking lot on 42nd Street. • The 15 spaces in the City's surface parking lot on 42nd Street would be paid at the annual sum of$3,150 payable in twelve (12)equal monthly installments of$262.50. • A new Article XXVI was added to read as follows: "Legal Fees and Court Costs - In the event of any litigation between the parties under this Agreement, each party shall be responsible for its own attorney's fees and court costs through trials and appellate levels. The provisions of this paragraph shall survive the termination of this Agreement. On December 9, 2015, the Mayor and Commission approved Resolution No. 2015-29207 approving the renewal of the Amended Use Agreement for another five (5) year term commencing on July 23, 2016 and ending on July 22, 2021. The City and the Board entered into that certain Renewal of Amended Use Agreement, dated April 14,2016. The Administration is seeking the approval of an additional five (5)year renewal commencing on July 23, 2021 and ending on June 22, 2026. and concurrent therewith, modify the Use Agreement to: 1 ) add language that allows for the relocation of the spaces from the 42nd Street lot (P63) to the 42nd Street Garage (G6)at no additional cost; 2) adjust the annual fee to $5,625.00 with represents 50%of the current rate of$75 per space for the 15 spaces in the lot over a period of 10 months, payable in 12 equal installments of $468.75; 3) update the No Discrimination provision; 4) add a Public Records Law provision; and 5) add an Inspector General Audit Rights provision. The City Manager hereby recommends approving the Second Amendment to Use Agreement, incorporated herein by reference and attached to the Resolution as Exhibit"1". CONCLUSION The Administration recommends that the Mayor and Commission approve the Second Amendment to the Use Agreement with the School Board of Miami-Dade County in order to continue providing parking for North Beach Elementary faculty and staff. Applicable Area North Beach Is this a"Residents Right Does this item utilize G.O. to Know" item, pursuant to Bond Funds? City Code Section 2-14? Yes No Legislative Tracking Parking ATTACHMENTS: Page 537 of 2012 Description ❑ Agreement dated 10-18-2000 ❑ First Amenement-04-12-2011 ❑ Renewal 04-14-2016 ❑ Resolution ❑ Draft Second Amendment Page 538 of 2012 USE AGREEMENT THIS USE AGREEMENT made and entered into this /1 day of -22-ed QCTOgc�L , by and between THE SCHOOL BOARD OF MIAMI- DADE COUNTY, FLORIDA,a body corporate and politic of the State of Florida(hereinafter called "LESSEE") and the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation of the State of Florida (hereinafter called the "LESSOR"). WITNESSETH: WHEREAS, the citizenry of Miami Beach desire certain improvements to the North Beach Elementary School site (hereinafter called "SCHOOL")for the enhancement of their community; and WHEREAS, LESSEE and LESSOR affirm that the desired improvements will better serve the community at large; and WHEREAS, LESSEE can only provide these improvements by displacing the existing on-site SCHOOL parking,thus requiring LESSEE to seek additional parking within the jurisdictional limits of LESSOR; and WHEREAS, LESSOR owns and has under its jurisdiction various suitable parking facilities, adjacent to and nearby the SCHOOL, capable of being utilized by LESSEE for parking purposes; and • WHEREAS, LESSOR is desirous of leasing to LESSEE its parking facilities, and LESSEE is desirous of leasing from LESSOR these facilities; and WHEREAS, the City of Miami Beach has authorized the lease of said parking facilities by the adoption of Resolution o,?4,423— 241/Z 1 , at its meeting of . Odresetz. le , 2000; and Page 1 of 12 • • Page 539 of 2012 WHEREAS, the School Board has authorized the lease of said parking facilities in accordance with Board Item No. J-7, at its meeting of February 14, 2001. NOW THEREFORE,in consideration of the mutual covenants hereinafter contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: PREMISES TO BE LEASED LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR the following described facilities,totaling forty-eight(48)parking spaces,hereinafter collectively called the "DEMISED PREMISES," lying and being in the City of Miami Beach, County of Miami-Dade, State of Florida, and more particularly described in Exhibit "A," attached hereto and made a part hereof, to wit: • Twenty-four (24) dedicated metered parking spaces along 42"d Street (hereinafter called "METERED PARKING"); and • Twenty-four (24) dedicated parking spaces in the last row of the surface lot on 42nd Street, (hereinafter called "SURFACE LOT"); and IL TERM The initial term of this agreement shall be five (5) years commencing on the date when the DEMISED PREMISES are needed by the LESSEE due to the starting date of th'e construction for the on-site SCHOOL improvements (hereinafter called the "COMMENCEMENT DATE"). LESSEE and LESSOR shall confirm the COMMENCEMENT DATE in writing, and the same shall become a part of this agreement by reference. Said term may be renewed upon the mutual consent of the LESSEE and LESSOR for an Page 2 of 12 Page 540 of 2012 unlimited number of terms of five (5) years each, upon the same terms and conditions as provided herein, subject to the provisions set forth under Article IV hereof, provided the LESSEE gives written notice to the LESSOR of such intent to renew no later than one (1) year prior to the expiration of the then current term, and the LESSOR agrees in writing. Ill. USE OF PROPERTY The specific areas of use by the LESSEE shall be limited to the DEMISED PREMISES as identified in Exhibit "A", or as the same may be amended from time to time as provided for under Article V of this agreement. LESSEE shall have full custody, right and use of the METERED PARKING from 7:00 a.m. to 7:00 p.m., Monday through Friday, year round. LESSEE shall have full custody, right and use of the SURFACE LOT from 7:00 a.m. - 7:00 p.m., Monday through Friday, beginning on the earlier of September 1 or the date that teachers are to report to work, and ending on the earlier of June 30 or the last date that teachers report for work, but in no event more than a maximum of ten (10) months each year, collectively called "LESSEE'S period of use." LESSOR shall have full and exclusive control, custody, right and use of the DEMISED PREMISES at all other times. LESSOR shall provide LESSEE with decals and erect proper signage in order to clearly specify and make available the DEMISED PREMISES for LESSEE during LESSEE'S period of use. All unauthorized vehicles parking in the DEMISED PREMISES during LESSEE'S period of use, shall be removed by LESSOR. IV. CONSIDERATION Other than as stipulated in Article V, LESSEE does hereby covenant and agree to Page 3 of 12 Page 541 of 2012 pay LESSOR, and LESSOR does hereby covenant and agree to accept from LESSEE, as full consideration for the use and occupancy of the DEMISED PREMISES, the sum of FOUR THOUSAND THREE HUNDRED TWENTY DOLLARS($4,320.00)per year,payable in twelve (12) equal monthly installments of THREE HUNDRED SIXTY DOLLARS ($360.00). The rental rate has been determined at$30 per parking space per month (50% of the City adopted monthly parking rate) for the SURFACE LOT parking spaces, for the period of November 1' to April 30`h. There shall be no charge to the LESSEE for the METERED PARKING spaces. Payments shall commence on the COMMENCEMENT DATE, as stipulated under Article II, herein. On an annual basis during the term of this Agreement, LESSOR may, at LESSOR'S discretion, conduct a review of parking usage within the SURFACE LOT. In the event LESSOR determines that LESSEE'S use of the SURFACE LOT prohibits LESSOR from meeting increased public demand for this parking facility, resulting in a loss of revenue to LESSOR, LESSOR may require an increase in rent. LESSOR shall notify LESSEE, in writing, of any such increase in rent, and said increase shall be effective one hundred eighty(180)days after receipt by LESSEE of LESSOR'S notice. In the event of notification of a rent increase, LESSEE shall have the right to cancel this agreement by giving LESSOR at least ninety (90) days written notice prior to the effective date of said cancellation. V. ADDITIONAL PROVISIONS In the event that LESSOR or LESSEE desire a change in the location of any particular parking space, the party wishing the modification must seek the written authorization of the other party. Any relocation must provide for the same total number of spaces and may not adversely impact on LESSEE'S or LESSOR'S operations. In the event that a modification reduces or eliminates the number of spaces designated in the SURFACE LOT, LESSOR shall reduce the rental rate by $30.00 per space for the months Page 4 of 12 Page 542 of 2012 of November to April ($180 annually). In the event that a modification, initiated by LESSOR, increases the number of spaces in the. SURFACE LOT, LESSOR shall not increase the rental rate to compensate for this revision. LESSOR, or its designee, and LESSEE, or its designee, shall approve a revised Exhibit"A"reflecting the adjusted location of the DEMISED PREMISES, and the same shall become a part of this agreement by reference. If the LESSOR requires the relocation of the DEMISED PREMISES, in whole or in part, LESSEE may cancel this agreement, in whole or in part, by giving LESSOR thirty(30) days written notice from receipt of such proposed revision, in which event, the rent shall be reduced proportionately. VI. LIABILITY FOR PERSONAL PROPERTY LESSOR and LESSEE agree to insure or self insure their respective interests in personal property to the extent each deems necessary or appropriate and hereby mutually waive all rights to recovery for loss or damage by any means and waive all rights to recovery for loss and damage to such property by any cause whatsoever. LESSOR and LESSEE hereby waive all rights of subrogation against each other under any policy or policies they may carry on property placed or moved on the DEMISED PREMISES. VII. LIABILITY FOR DAMAGE OR INJURY LESSOR shall not be liable for any damage or injury which may be sustained by LESSEE or any persons on the DEMISED PREMISES during the LESSEE'S period of use, other than damage or injury resulting from the negligence or intentional wrongdoing on the part of LESSOR, its agents, representatives or employees. LESSEE shall not be liable for any damage or injury which may be sustained by LESSOR or any persons on the DEMISED PREMISES during LESSOR'S period of use, Page 5 of 12 Page 543 of 2012 other than damage or injury resulting from the negligence or intentional wrongdoing on the part of LESSEE, its agents, representatives or employees. VIII. INDEMNIFICATION LESSEE does hereby agree to indemnify and hold harmless LESSOR to the extent of the limitations included within Section 768.28, Florida Statutes,from any and all personal injury or damage claims, liability, losses and causes of action which may arise solely as a result of LESSEE'S negligence in its use of the DEMISED PREMISES. However, nothing herein shall be deemed to indemnify LESSOR for any liability or claim arising out of the negligence, performance or failure of performance of LESSOR or as a result of the negligence of any unrelated third party. LESSOR does hereby agree to indemnify and hold harmless LESSEE to the extent of the limitations included within Section 768.28, Florida Statutes, from any and all personal injury or damage claims, liability, losses and causes of action which may arise as a result of LESSOR'S negligence in its use of the DEMISED PREMISES. However, nothing herein shall be deemed to indemnify LESSEE for any liability or claim arising out of the negligence, performance or failure of performance of LESSEE or as a result of the negligence of any unrelated third party. IX. UTILITIES LESSOR shall have the sole responsibility for the payment for all utilities consumed on the DEMISED PREMISES as well as all connection and installation charges thereof. X. MAINTENANCE OF DEMISED PREMISES LESSOR shall have the sole responsibility for the maintenance of the DEMISED PREMISES. Page 6 of 12 Page 544 of 2012 XI. DAMAGE OR DESTRUCTION In the event the DEMISED PREMISES, collectively or individually, should be destroyed or so damaged by fire, windstorm or other casualty to the extent that the DEMISED PREMISES are rendered untenantable or unfit for the purpose of LESSEE (as solely defined by LESSEE'S Department of Safety, Environment and Hazard Management), either party may cancel this agreement in whole or in part, by giving written notice to the other. To the extent that spaces within the SURFACE LOT are impacted and rendered untenantable, the rent for those spaces will be reduced proportionately effective as of the date of the casualty. However, if LESSEE fails to exercise the foregoing right of cancellation within thirty (30)days after the date of such destruction or damage, LESSOR shall cause the DEMISED PREMISES to be repaired and placed in tenantable condition as expeditiously as possible, unless alternate parking facilities are provided by LESSOR as per Article V. Should LESSOR fail to repair and render the DEMISED PREMISES tenantable within a reasonable time from the date of destruction or damage, then LESSEE shall have the right to immediately cancel this agreement, in whole or in part, in which event LESSOR shall reimburse LESSEE for any rental payments made for the unusable spaces in the SURFACE LOT for the period after the casualty. XII. ASSIGNMENT AND SUBLETTING OF PREMISES LESSEE shall not, at any time during the term of this agreement, sublet in part or whole the DEMISED PREMISES, or assign this agreement or any portion or part thereof without the prior written permission of LESSOR. XIII. WARRANTIES OF TITLE AND QUIET POSSESSION Subject to the terms, conditions and covenants of this agreement, LESSOR covenants that LESSOR is seized of the DEMISED PREMISES in fee simple and has full right to make this agreement and that LESSEE shall have quiet and peaceable possession Page 7 of 12 Page 545 of 2012 of the DEMISED PREMISES during the term of the agreement without hindrance or molestation by LESSOR. XIV. LESSORS'S RIGHT OF ENTRY LESSOR, or any of its agents, shall have the right to enter the DEMISED PREMISES during the period of LESSEE'S use to examine the same or to make such repairs, additions or alterations as may be deemed necessary for the safety, comfort, or preservation of said property, provided such activities do not unreasonably interfere with LESSEE'S ability to utilize the DEMISED PREMISES for the purpose intended. XV. CANCELLATION Other than as stipulated in Articles IV, V, XI, and XXIV, either party shall have the right to cancel this agreement at any time by giving the other written notice at least one hundred eighty (180) days prior to the effective date of said cancellation. XVI. NOTICE AND GENERAL CONDITIONS A. All notices or other communications which shall or may be given pursuant to this agreement shall be in writing and shall be delivered by personal service or by certified mail addressed to the parties at their respective addresses indicated below or as the same may be changed in writing from time to time. Such notice shall be deemed given on the day on which personally served, or if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. In the case of notice or communication to LESSOR: The City of Miami Beach Attention: City Manager 1700 Convention Center Drive Miami Beach, Florida 33139 Page 8 of 12 Page 546 of 2012 In the case of notice or communication to LESSEE: The School Board of Miami-Dade County, Florida do Superintendent of Schools School Board Administration Building 1450 N.E. 2 Avenue, Suite 912 Miami, Florida 33132 With a copy to: Miami-Dade County Public Schools Governmental Affairs and Land Use Policy and Acquisition Attention: District Director 1450 N.E. 2 Avenue, Suite 525 Miami, Florida 33132 A. Title and paragraph headings are for convenient reference and not intended to confer any rights or obligations upon the parties to this agreement. B. For purposes of the agreement, the Superintendent of Schools shall be the party designated by the LESSEE to grant or deny all approvals required by the agreement or to cancel this agreement as provided herein. XVII. SURRENDER OF PREMISES Upon the termination, cancellation or expiration of this agreement or any extension thereof, LESSEE shall remove from the DEMISED PREMISES any personal property and shall promptly and peacefully surrender and deliver possession of the DEMISED PREMISES to the LESSOR. XVIII. .'. NON-DISCRIMINATION LESSOR and LESSEE agree that there will be no discrimination against any person j based upon race, color, sex, religious creed, ancestry, national origin, sexual orientation, mental or physical disability, in the use of the DEMISED PREMISES and improvements Page 9 of 12 Page 547 of 2012 thereof. It is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred in the use of the DEMISED PREMISES, this agreement automatically terminates without any further action on the part of the non- discriminatory party, effective the date of the Court Order. XIX. AMENDMENTS LESSOR and LESSEE, by mutual agreement, shall have the right, but not the obligation, to amend this agreement. Such amendments shall be effective only when in writing and signed by both LESSOR and LESSEE and shall be incorporated as part of this agreement. XX. CONSTRUCTION OF AGREEMENT This agreement shall be construed and enforced according to the laws of the State of Florida and the venue for any disputes shall be in Miami-Dade County, Florida. XX I. SEVERABILITY In the event any paragraph, clause or sentence of this agreement or any future amendment is declared invalid by a court of competent jurisdiction, such paragraph, clause or sentence shall be stricken from the subject agreement and the balance of the agreement shall not be affected by the deletion thereof, provided to do so would not render interpretation of the lease provisions ambiguous or a nullity. XXII. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS Both parties shall comply with all applicable laws, ordinances and codes of Federal, State and Local Governments, including the Americans with Disabilities Act, as they apply to this agreement. Page 10 of 12 Page 548 of 2012 XXIII. WAIVER No waiver of any provision hereof shall be deemed to have been made unless such waiver is in writing and signed by LESSOR or LESSEE. The failure of either party to insist upon strict performance of any of the provisions or conditions of this agreement shall not be construed as waiving or relinquishing in the future any such covenants or conditions, but the same shall continue and remain in full force and effect. XXIV. DEFAULT PROVISION LESSOR shall provide LESSEE with written notice of any failure to perform or comply with the terms and conditions contained herein to be performed by LESSEE. If LESSEE fails to cure said default within thirty(30)days of receipt of written notice, or does not provide LESSOR with a written response within thirty (30) days after receiving written notification, indicating the status of the LESSEE'S resolution of the violations and providing for a schedule to correct all deficiencies, LESSOR shall have the right to terminate this agreement upon ten (10) days additional written notice to LESSEE. LESSEE shall provide LESSOR with written notice of any failure to perform or comply with the terms and conditions contained herein to be performed by LESSOR. If LESSOR fails to cure said default within thirty(30)days of receipt of written notice, or does not provide LESSEE with a written response within thirty (30) days after receiving written notification, indicating the status of the LESSOR'S resolution of the violations and providing for a schedule to correct all deficiencies, LESSEE shall have the right to terminate this agreement upon ten (10) days additional written notice to LESSOR. XXV. ENTIRE AGREEMENT This agreement represents the total agreement between the parties. Page 11 of 12 Page 549 of 2012 IN WITNESS WHEREOF, the parties hereto have individually, through their proper officials, executed this agreement the day and year first hereinabove written. LESSOR: LESSEE: THE CITY OF MIAMI BEACH, FLORIDA THE SCHOOL BOAR' . 'I I • MI-DADE COUNTY, FLORID Vid9 JP 1? Neisen O. Kasdin Chief acilities .ffi •r Mayor Facilities Plannin► and Construction ATTEST: c,fi,„Az( -19AL&A.A. City Clerk APPRO D AS TO FORM: A "PROV:D AS TO 'ORM A I'l lair)If ./ City Attorney A ;%r -, 'for `iBoard APPROVED AS TO FORM&LANGUAGE &FOR EXECUTION . 42-0.7k ate VGVIIbO Joint Use Agreement • CITY OF MIAMI BEACH(North Beach Elem.) Page 12 of 12 Page 550 of 2012 EXHIBIT "A" / / -___• • --� • Ir Wi / 7 w' zl z j Q. J4/ W I I I- ' . . l WL-- 2 2 � m � 43 STREET' ILI XI /INORTh a BEACH --..._._.._. ._.... a� ELEMENTARY I ray- : =F� 'L , X�_.--.---._42 41 - _.....i �t l /i • / '-•..... .•" .• I METERED PARKING �\ SPACES \ li (24 SPAC` \ \--_.. 42 STREET ;1I'{ N 1, ._,,L.7....,,,,.„..,„„:„.,„_:__:L_„:„:4..2..:, J .: : ., , , .: ;, ,,,,,,,,n,r-r-i-ir- } \r i i SURFACE PARKING LOT (24 SPACES) / • LEGEND I DEMISED PREMISES _ITOTAL OF 48 PARKING I SPACES) • Page 551 of 2012 • RESOLUTION NO.2000-24124 A RESOLUTION OF THE MAYOR AND CITY COMMISSION APPROVING A LEASE AGREEMENT WITH THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA, TO LEASE 75 PARKING SPACES ADJACENT TO NORTH BEACH ELEMENTARY, LOCATED AT 4100 PRAIRIE AVENUE; AND WAIVING BY 511 VOTE THE PUBLIC BIDDING AND APPRAISAL REQUIREMENTS,PURSUANT TO SECTION 82-39 OF THE CITY CODE,FINDING SAID WAIVER TO BE IN THE BEST INTEREST OF THE CITY. WHEREAS, during FY 99, the Mayor's Ad Hoc Committee on Schools and the City Administration reviewed various options relating to the proposed expansion of North Beach Elementary;and WHEREAS,the primary issues that were unresolved related to the removal of the tennis court at the school's northern end and the placement of parking to accommodate the school's faculty and staff;and WHEREAS, on September 9, 1999, a community meeting was held at North Beach Elementary to address these outstanding two issues and the consensus at the meeting was to replace the tennis courts with a new basketball court;and WHEREAS,on September 22,1999,the Mayor and City Commission endorsed the North Beach expansion plans,including the proposed use of 75 municipal parking spaces;and WHEREAS,in accordance with North Beach Elementary's expansion plans,Miami-Dade County Public Schools(MDCPS)is requesting to enter into a long-tern lease with the City,for the use of 75 parking spaces;and WHEREAS, after numerous meetings, and as presented on September 22, 1999, the Administration has offered to provide parking for the school's faculty and staff at the maximum discount rate permitted,as follows: • twenty four(24)dedicated metered parking spaces along 42nd Street at no charge,and • twenty four(24)dedicated parking spaces in the last row of the surface lot on 42nd Street at 50%of the monthly rate($30)during the peak season,and • twenty seven(27)parking spaces in the 42nd Street parking garage at 50%of the monthly rate($30)during the peak season;and WHEREAS, the proposed discounted rate provides for annual payments to the City of $9,180 for the 75 spaces; and WHEREAS,in a further effort to compromise,and based upon MDCPS payment of only incremental costs in other similar situations,the City's discounted rate will only apply during the six (6)peak months,during the months of November to April,until such time that increased utilization in the current non-peak months is evidenced;and Page 552 of 2012 WHEREAS,the proposed Lease Agreement provides for the City to notify the School Board in the event of a proposed increase in rate and is for a five(5)years,with extension options of five (5)years each,upon the mutual consent of the parties and subject to an annual review of parking rates based upon the actual usage realized at the garage and surface lot;and WHEREAS, while land limitations restrict the availability of options for expansion, the proposal endorsed by Miami-Dade County Public Schools utilizes existing school property and remedies parking needs by utilizing City parking adjacent and nearby to the school;and WHEREAS,the Administration supports this proposal including the provision of discounted parking rates for MDCPS;and WHEREAS, pursuant to the provisions of Section 82-36 through 82-40 (the "Shapiro Ordinance")of the Miami Beach City Code,the lease of any City-owned property for a period of five years or more,including option periods,is subject to the following conditions: • a Planning Department analysis • a public hearing to obtain citizen input • an advertised public bidding process • an independent appraisal to determine the fair market or rental value of the property;and WHEREAS, said Ordinance further provides that except for the public hearing and the Planning Department analysis,the above referenced conditions may be waived by a 5I7"•vote of the City Commission upon a finding that the public interest would be served by waiving such conditions;and WHEREAS, waivers will be required for the public bidding process and independent appraisal for this transaction;and WHEREAS,a public hearing has been scheduled on this date,and the Planning Department analysis of the proposed Lease Agreement is presented. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMNIISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission approve a Lease Agreement with the School Board of Miami-Dade County,Florida, to lease 75 parking spaces adjacent to North Beach Elementary,located at 4100 Prairie Avenue,and waiving by 5/7ths vote the Public Bidding and Appraisal Requirements,pursuant to Section 82-39 of the City Code, finding said waiver to be in the best interest of the City. PASSED AND ADOPTED this 18th day of October,2000 ATTEST: fttuAi3 P� FORAPPROVED LLNGGU AS TO CITY CLERK &FOR EXECUTION MAYOR JMGICMC1rar VAGEND►V /114*" /Q —03-61 . Dais Page 553 of 2012 _ CITY OF MIAMI BEACH r PLANNING DEPARTMENT To: Christina M. Cuervo Assistant City Manager From: Jorge G. Gomez "" Planning and Zoning Director Date: October 10, 2000 Subject: Analysis of Proposed Lease of the City Owned Property to be Used for Parking for North Beach Elementary School (Ordinance 92-2783) Pursuant to your request,this memorandum serves to provide an analysis of the lease of City Owned Property at the following locations: Metered Parking: 24 metered parking spaces along 42nd Street. Surface Lot: 24 parking spaces in the last row of the surface lot on 42nd Street. Parking Garage: 27 parking spaces in the 42nd Street parking garage. Section 82-38 of the Code of the City of Miami Beach requires that any proposed sale or lease of city-owned land be analyzed from planning perspective in order that the City Commission and the public are fully apprised of all conditions relating to the proposed sale or lease. What follows, herein, are each of the eight criteria prescribed in said section and a response to each: 1. Whether or not the proposed use is in keeping with City goals and objectives • and conforms to the City Comprehensive Plan. The Future Land Use Map of the City's Comprehensive Plan designates the 42nd Street corridor as CD-3 Commercial High Intensity, and the Surface Lot and Parking Garage sites as P, Parking. The use of the subject areas for parking would conform to the land use designation contained in the Comprehensive Plan. The leasing of the parking spaces to the School Board would also be in conformance with Policy 2.2 of the Intergovernmental Coordination Element of the City's Comprehensive Plan, which requires the City to coordinate with the Miami-Dade Public Schools, and continue to seek, where feasible and mutually acceptable, to collocate schools with other public facilities to the extent possible. 1 Page 554 of 2012 2. The Impact on adjacent property. including the potential positive or negative impacts such as diminution of open space, increased traffic, noise level or enhanced property values, improved development patterns and provision of necessary services. Based on the proposed use of the property, the City shall determine the potential impact of the project on City utilities and other Infrastructure needs and the magnitude of costs associated with needed infrastructure improvements. Should it become apparent that further evaluation of traffic impact is needed, the proponent shall be responsible for obtaining a traffic Impact analysis from a reputable traffic engineer. The proposed use of the parking spaces by the school should have no impact, in terms of property value, to the surrounding area, nor should it have a negative impact on the area vis-a-vis traffic or noise levels. 3. A determination as to whether or not the proposed use is in keeping with a public purpose and community needs, such as expanding the City's revenue base, reducing City costs, creating jobs, creating a significant revenue stream and improving the community's overall quality of life. The plans for expansion of the North Beach Elementary School facilities entail the displacement of existing on-site parking at the school. Therefore, the school seeks to acquire additional parking off-site. By entering into the lease of these 75 parking spaces,the City will help to ensure that the much needed expansion of the school facilities is undertaken. 4. Determination as to whether or not the development is In keeping with the surrounding neighborhood, will block views, or create other environmental intrusions, and evaluation of the design and aesthetic considerations of the project. The 75 spaces in question are existing parking spaces, thus having no visual, physical, or environmental effects on the surrounding area. 5. The impact on adjacent properties, whether or not there is adequate parking, street, and infrastructure needs. The proposed use of the parking spaces by the school should not have negative impact on the current availability of parking for the rest of the surrounding neighborhood, as there is currently adequate public parking already existing in the 41st Street area to meet the present demand for parking from the area. 2 • Page 555 of 2012 Additionally, it should be noted that the proposal would split the total of 75 spaces into three separate subareas, minimizing the impact on any one of the three subareas. The use of the subject parking space by the school will have no effect on the City's infrastructure in that the proposed parking use has the same operational characteristics as prior parking uses. 6. A determination as to whether or not alternatives are available for the proposed disposition, including assembly of adjacent properties, and whether the project could be accomplished under a private-ownership assembly. There are no realistic alternative sites in the 41st Street area which could be used for parking by the elementary school. The collocation of public facilities, • in this case the use of City parking facilities by the School Board, is encouraged by policies in Chapter 163, Florida Statutes, and in Rule 9J-5 of the Florida Administrative Code, and is preferable to requiring the School Board to seek out other alternatives within the busy 41st Street corridor. 7. Within the constraints of public objectives, the department should examine financial issues such as job generation,providing housing opportunities,and the return to the City for its disposition of property. The proposed use of the spaces by the school would have a public benefit In terms of generating jobs, perhaps through faculty and staff positions created within the school by the proposed expansion. The presence of the elementary school directly benefits the City's schoolchildren, and helps to promote a vital and viable residential community, where people want to work and live. 8. Such other items as the Planning Department may deem appropriate in analysis of the proposed disposition. Planning Staff has concluded that the lease of the subject parking spaces to the School Board for use by North Beach Elementary School would not have a negative impact to the City. cc: Jose Damien, Asset Manager Saul Frances, Assistant Parking Director RL • JGG/RGL/rgi • 3 Page 556 of 2012 Use Agreement between the School Board of Miami-Dade County and the City of Miami Beach for additional staff parking for North Beach Elementary School July 13, 2001 Page 2 I thank you for your immediate attention to this matter. In the meantime,please feel free to call me at(305) 995-2867 if you have any questions. Very truly yours, a� &L Marta M. Cil Real Estate Specialist COMMS► _ • T DATE CONFIRMED: O MMC:hf C-037 cc: Mr. F. Craig Sturgeon Ms.Ana Rijo-Conde Ms. Aida Marrero Mr. Fernando Albueme Mr. Larry Freeland Mr. Michael A. Levine Mr. Albert Poza Page 557 of 2012 MIAMI- : = : OUNTY PUBLIC SCHOOLS _ GOVERNMENTAL AFFAIRS AND LAND USE POLICY AND ACQUISITION•1450 N.E.2nd Avenue,Room 525•MIAMI,FLORIDA 33132 (305)995-7280 Roger C.Cuevas Miami-Dade County School Board Superintendent of Schools Ms.Perla Tabares Hantman,Chair Dr.Michael M.Krop,Vice Chair July 13,2001 Dr.Robert B.Ingram Ms.Betsy H.Kaplan Mrs.Manty Sabates Morse Ms.Jacqueline V.Pepper Mr. Saul Frances,Parking Director Mr.Demetrio Perez,Jr.,M.S. CityDof Miami Beach Marta Perez Dr.Solomon C.Stinson 1700 Convention Center Drive Miami Beach,Florida 33139 Re: Use Agreement between the School Board of Miami-Dade County and the City of Miami Beach for additional staff parking for North Beach Elementary School Dear Mr. Frances: It was a pleasure speaking with you on Thursday, July 5, 2001 regarding the above-referenced matter. As you know, the District, under the terms of the above-referenced use agreement (Agreement),is entitled to use 48 dedicated parking spaces(Parking Spaces),which will be reserved therefor by way of decal and appropriate signage. As you may also know,the Agreement provides that the initial term thereof shall commence on the date when the Parking Spaces are needed by the District due to the start of construction at North Beach Elementary.School (School). As we discussed, construction of the improvements at the School commenced on June 18, 2001. Accordingly,as required under Article II of the Agreement,this letter shall serve to confirm that the commencement date of the Agreement shall be July 23,2001. Please confirm the City's agreement with the foregoing date by signing below,returning a copy of this letter to me via facsimile at(305) 995-7295 and mailing the original of same to me at the address listed above. Additionally,you requested that a list of staff members authorized to use the Parking Spaces,as well as copies of their vehicle registration,be forwarded to you so that the City could issue parking decals for same. Please note,however,that although the School will require use of the Parking Spaces for its summer school staff beginning on July 23,2001,the School will not be able to assemble the list until after the regular.school staff reports on August 20, 2001, and therefore, the foregoing information will be forwarded to you shortly after that date. In the meantime,we ask that the City proceed to erect the proper signage and otherwise ensure that the Parking Spaces are available for use by the District by July 23, 2001. Page 558 of 2012 WIE8difb II:3oA-w\ FIRST AMENDMENT TO USE AGREEMENT • THIS FIRST AMENDMENT USE AGREEMENT(the"Amendment")is made and entered into this /02 day of f?i L_ 20 , by and between THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA, a body corporate and politic(hereinafter referred to as the"LESSEE"), and the CITY OF MIAMI BEACH, a municipal corporation of the State of Florida(hereinafter referred to as the "LESSOR"). RECITALS • WHEREAS, the LESSOR and LESSEE entered into that certain Use Agreement, dated October 18, 2000 (the "Agreement"), for LESSEE'S use of the parking facilities at North Beach Elementary School ("SCHOOL"), located at 4100 Prairie Avenue; and WHEREAS, LESSOR and LESSEE hereby consent to a renewal of the Agreement • for another five(5)year term, commencing on July 23, 2011, and ending on July 22, 2016, subject to the amendments set forth herein, which amendments shall be effective as of July 23, 2011. . NOW THEREFORE, for and in consideration of the conditions and covenants hereinafter contained and other good and valuable consideration, the receipt and • sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. The foregoing recitals are true and correct and are incorporated herein by • reference. 2. Article I of the Agreement, entitled "Premises to Be Leased", is hereby amended, as follows: LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR the following described facilities, totaling fems-eight(48) • thirty (30) parking spaces, hereinafter collectively called the "DEMISED PREMISES," lying and being in the City of Miami Beach, County of Miami • - Dade, State of Florida, and more particularly described'in Exhibit"A," attached hereto and made a part hereof, to wit: • Twenty-few-(24)Fifteen (15)dedicatedmetered parking spaces along 42nd Street (hereinafter called "METERED PARKING"); and • • Twenty-four(24)Fifteen (15)dedicated parking spaces in the last row • of the surface lot on 42nd Street, (hereinafter called "SURFACE LOT"). Page 1 of 3 • Page 559 of 2012 3. Paragraph 1 of Article IV of the Agreement, entitled "Consideration," is hereby amended, as follows: Other than as stipulated in Article V, LESSEE does hereby covenant and agree to pay LESSOR, and LESSOR does hereby covenant and agree to accept from LESSEE, as full consideration for the use and occupancy of the DEMISED PREMISES, the sum of FOUR THOUSAND THREE - - i a ` mk. • ! - THREE THOUSAND ONE HUNDRED FIFTY.DOLLAR ($3,150) per year; payable in twelve (12) equal monthly installments of THREE 4rNDRED SIXTY DOLLARS ($3604.0)TWO HUNDRED SIXTY TWO DOLLARS AND FIFTY CENTS ($262.50). $3.1)per-park+ng o i - - st - - - - .•- -r- - - - - • • PARKING-spaces, • i 4. A new Article XXVI is added to read as follows: LEGAL FEES AND COURT COSTS In the event of any litigation between the parties under this Agreement, . each party shallbe responsible for its own attorney's fees and court costs through trials and appellate levels. The provisions of this paragraph shall survive the termination of this Agreement." 5. • Exhibit "A" of the Agreement is replaced with a new Exhibit"A" as attached and incorporated to this Amendment. 6. All other terms and conditions of the Agreement shall remain in full force and effect. Page2of3 Page 560 of 2012 • IN WITNESS WHEREOF,the LESSOR and LESSEE have caused this Amendment to be executed by their respective and duly authorized officers the day and year first • hereinabove written. • LESSOR: LESSEE: THE CITY OF MIAMI BEACH, FLORIDA THE SCHOOL BOARD OF MIAMI-DADE • COUNTY, FLORIDA • / �sto/may► r�� Matti errera ower, MAYOR .2•.-rrto M. Carvalho Superintendent of Schools • • • Attest: . [ . Robert Parcher, CITY CLERK ' ' WitnesslSignature • —----- Print N.- r . • APPROVED AS TO FORM . . AND LEGAL SUFFICIENCY ...�,,-�. BY S 001.BOA .ATTO Witnes •natur=' Mi /i i `f If ii Mtc> - �• Le v�n1� . -- _. ---- Print Name • • Underscore denotes new language APPROVED AS TO • .S ike-through denotes deleted language FORM&LANGUAGE ' • &FOR EXECUTION • il, I ' I.ii,.._ ; Page 3 of 3 ,fierg.ome \� Page 561 of 2012 ____._........._. _____ . _ — ..... ..... ......_... ......„. . ........_......,. . • - . . EXHIBIT "A" . t : . . r _.1 e--------_____ -------, LOCATION MAPw447,4 _________ • 1 w w . E ------1 . . - . —7 : . • , . co 1 ._ i . - - 1 . • 0 , 411111 ik I if North g ! Elementary • r 1111.0 I' i I ' • ARTHUR GODFREY RD Z 1 . • . . ,• . N ( . / . • , . Af.,..*r4.i.",t az ra.44,, • :04•'-P ,ri-447,,.,rf.4 :441_4P-r.r...4,,ros,, I. '' ' 4 Wee.0p-ii,./ -F-•;,%';',4A;s„r4 j i• w.firAig,,,i40I : Eli . C . • i . • . • ..• . Surface Parking Lot Metered Parking f I (15 Spaces) Spaces . (15 Spaces) • • - . • . 1 . . i LEGEND I. 1 - : • ... • / • , . Demised Premises11 --. . . . Z (Total of 30 Parking Spaces) • .f: • . Not to scal . 1 . .Page 562 of 2012 _ I . j . • RENEWAL OF AMENDED USE AGREEMENT FOR FIVE (5) YEAR TERM THIS RENEWAL OF AMENDED USE AG EMENT FOR FIVE (5) YEAR TERM is made and entered into this /Litt' day of lL. 2016, by and between THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA, a body corporate and politic (hereinafter referred to as the "LESSEE"), and the CITY OF MIAMI BEACH, a municipal corporation of the State of Florida(hereinafter referred to as the"LESSOR"). RECITALS WHEREAS, the LESSOR and LESSEE entered into that certain Use Agreement, dated October 18, 2000 (the "Agreement"), for LESSEE'S use of parking facilities on and along 41st Street (the "Demised Premises") by North Beach Elementary School ("SCHOOL"), located at 4100 Prairie Avenue; and WHERAS, LESSOR AND LESSEE entered into a First Amendment to Use Agreement ("Amended Use Agreement") on April 12, 2011 amending certain terms of the Agreement and renewing the Agreement for a five (5) year term, commencing on July 23, 2011 and ending on July 22, 2016, subject to the amendments set forth therein, which amendments became effective as of July 23, 2011; and WHEREAS, on December 9, 2015, the Mayor and City Commission of the City of Miami Beach passed and adopted Resolution No. 2015-29207 approving the renewal of the Amended Use Agreement for another five (5) year term commencing on July 23, 2016 and ending on July 22, 2021; and WHEREAS, LESSOR and LESSEE hereby consent to a renewal of the Amended Use Agreement for another five (5) year term, commencing on July 23, 2016, and ending on July 22, 2021. NOW, THEREFORE, for and in consideration of the conditions and covenants hereinafter contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. A renewal of the Amended Use Agreement for another five (5) year term, commencing on July 23, 2016, and ending on July 22, 2021. 2. All other terms and conditions of the Amended Use Agreement shall remain in full force and effect. (Signature page to follow] Page 563 of 2012 IN WITNESS WHEREOF, the LESSOR and LESSEE have caused this Renewal of Amended Use Agreement for Five (5) Year Term to be executed by their respective and duly authorized officers the day and year first hereinabove written. LESSOR: LESSEE: THE CITY OF MIAMI BEACH, FLORIDA THE SCHOOL BOARD OF MIAMI- 7 COUNTY, FLORIDA r': j, ../� .// �� Phillip L _ n ayor .'e r • • __. P u erintendent of Schools F _ //' _ "tr,‘,/ / "afael E. Granado, Ci:, �I . B F,q�'o,�.«itn- s S gn' 'Lire9 , ''' ' Pri * c RP ORATED: • APPRO i D A �„ FORM& *, L'=UAG- ',,h= Witne•.s/Sig , -tureA. &FOR '�; M,\� kk_ ' K.,:i."'12., /„.:-.- i.'. City Attorney ...1( Dote Print Name • APPROVED AS TO FORM A D LEGAL SUFFICIENCY BY,a OOL BOA A I)ATTORNE fiMSL.ft 4 ,. eV 'v /A i/ � F:\T Drive1AGENDA'20151December\PARKING\NBEParkingSpaceUseAmendment2015.amendment.doc.docx Page 564 of 2012 EXHIBIT "1" SECOND AMENDMENT TO USE AGREEMENT THIS SECOND AMENDMENT ("AMENDMENT") TO USE AGREEMENT (the "Second .Amended Agreement") is. made and entered into this. day of , 20_, with an effective date of July 23, 2021, by and between THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA, a body corporate and politic (hereinafter called the "LESSEE"), and. the CITY OF MIAMI .BEACH, a municipal corporation of the State of Florida.(hereinafter referred to as the"City" or"LESSOR"); The LESSOR and LESSEE aresometimes referred to in this Amendment individually as "Party" and collectively as the "Parties". WITNESSETH: WHEREAS, LESSOR and LESSEE entered into that certain Use Agreement, dated October 18, 2000 (the "Agreement")for LESSEE'S use of parking facilities on and along 41st Street (the "DEMISED PREMISES") by North Beach Elementary School ("School"), located at 4100 Prairie Avenue, Miami Beach, Florida; and WHEREAS, LESSOR and LESSEE entered intothat certain First Amendment to Use Agreement, dated April 12, 2011, to extend the term for a five-year period and amend certain terms and conditions of the Agreement; and WHEREAS, LESSOR and.LESSEE entered into that certain Renewal of Amended Use Agreement, dated April 14, 2016, to extend the term :of the Agreement for an additional five-year period.(the Agreement, as amended by the First Amendment to.Use. Agreement and the Renewal of Amended Use Agreement shall be collectively referred to - herein as the "Agreement"); and WHEREAS, the current term of the Agreement will expire on July 22, 2021; and WHEREAS, The School Board of Miami-Dade County, Florida, at its meeting of November 18,.2015, authorized.the Superintendent.to grant or deny all approvals required under the Agreement, including placing the LESSOR in default, and renewing, extending, cancelling or terminating the Agreement, in accordance with Board Action No. 117,912; WHEREAS, on , 2021, the Mayor and the City Commission of the City of Miami Beach adopted Resolution No. ., approving this Amendment to (1) approve an additional five (5)'year renewal term,commencing on July 23, 2021 and ending on July 22, 2026, and concurrent therewith, modify the Agreement to add language that allows for the relocation of the spaces from the 42nd Street lot (P63) to the 42nd Street Garage (G6) at no additional cost; (2) adjust the annual- fee from $3,150.00:to $5,625.00, which represents 50% of the current rate of$75 per space for the 15 spaces over.a period of.10 months, payable in 12 equal installments; and (3) modify miscellaneous provisions of the Agreement to update the No Discrimination provision; add a Public Records Law provision; and add an Inspector General Audit Rights provision; and WHEREAS, LESSOR and LESSEE hereby consent to a renewal of the Agreement for another five(5)year term, commencing on July 23,2021 and ending on July 22, 2026..: Second Amendment to Use Agreement/City of Miami Beach/north Beach Elementary School/Draft 07.08.21 Page 1 EXHIBIT"1» NOW, THEREFORE, for and in consideration of the mutual covenants hereinafter contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged; the Parties hereto agree as follows: The foregoing recitals are true and correct and:incorporated herein by reference. 1. Article I of the Agreement, entitled "Premises to Be Leased", is hereby amended as follows: LESSOR hereby leases to.LESSEE and LESSEE hereby leases from LESSOR the following described facilities,totaling thirty(30) parking spaces, hereinafter collectively called the"DEMISED PREMISES," lying and being in the City of Miami Beach, County of Miami-Dade, State of Florida, and more particularly described in Exhibit "A," attached hereto and made a part hereof, to wit: • Fifteen (15) dedicatedmetered parking spaces along 42nd Street (hereinafter called "METERED PARKING"); and • Fifteen (15) dedicated parking spaces in the last row of the surface lot on 42nd, Street, (hereinafter called "SURFACE LOT"); which may be relocated to the 42nd Street Garage (G6) at any time at no additional charge, in the event the subject parking spaces in the SURFACE LOT are eliminated due to construction relatedactivities, and cannot be otherwiserelocated within the SURFACE LOT. 2. Effective July 23, 2021,the.Agreement will be renewed for a five-year period commencing July 23, 2021 and ending July.22, 2026.. 3. Paragraph. 1 of Article IV of. the., Agreement, entitled "Consideration," is hereby amended, as follows: Other than as stipulated in Article V, LESSEE does herebycovenant and agree to pay LESSOR, and LESSOR does hereby covenant and agree to accept from LESSEE, as full consideration for the use and occupancy of the DEMISED PREMISES, the sum of THREE , THOUSAND ONE HUNDRED. FIFTY . DOLLARS ($3,150.00). FIVE THOUSAND SIX HUNDRED AND TWENTY-FIVE ($5,625.00) per year, payable in twelve (12) equal monthly installments of TWO HUNDED SIXTY TWO DOLLARS AND FIFTY CENTS($262.50)FOUR HUNDRED SIXTY-EIGHT AND SEVENTY FIVE CENTS ($468.75). 4. Article XVIII of the Agreement is hereby amended to add the following language: Additionally; LESSEE shall comply fully with the City: of Miami Beach Human Rights Ordinance, codified in Chapter 62 of the City Code, as may be amended from time to time, prohibiting discrimination in employment, housing, public accommodations; and public services on account of actual or perceived race, color; national origin, religion; sex, intersexuality, gender identity, sexual orientation, marital and familial status, age; disability, ancestry, height, weight; domestic partner status; labor organization membership, familial situation, or political affiliation: 5. A new article XXVI is hereby added to the Agreement, as follows: XXVI. Second Amendment to Use Agreement/City of Miami Beach/north Beach Elementary School/Draft#3 07:08.21 Page 2 EXHIBIT'1,;. FLORIDA PUBLIC RECORDS LAW;AUDITS AND INSPECTIONS & ACCESS TO RECORDS This Agreement shall be subject to Florida's Public Records Laws, Chapter 119, Florida Statutes. The Parties understand the broad nature of these laws and agree to comply with Florida's Public Records Laws and laws relating torecords. retention. LESSEE shall keep andmaintain public records.required by LESSOR to perform the service. LESSEE shall keep records to show its compliance with this Agreement. LESSEE's contractors and subcontractors must make available, upon request of LESSOR,.a Federal grantor agency, the Comptroller General of the United States, or any of their duly authorized representatives, any books, documents, papers, and records of LESSEE orits assigns, contractors or subcontractors which are directly pertinent to this specific Agreement for the purpose of making audit, examination, excerpts, and transcriptions. Upon request from the LESSOR's custodian of public records, LESSEE shall provide LESSOR with a copy of the requested records or allow the records to be inspected or copied within a reasonable time ata cost that doesnot exceed the cost provided in this chapter or as otherwise provided.bylaw. LESSEE shall ensure that public records that are exempt or confidential and' exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the term of this Agreement and following theexpiration or early termination or cancellation of this Agreement if LESSEE does not transfer the records to.LESSOR. LESSEE, its assigns, contractors and sub-contractors shall retain all records for five(5)years after final payment is made or received and all pending matters are completed pursuant to Title 34, Sections 80.36(b)(1).. LESSEE, upon completion of the Agreement, shall transfer, at no cost to LESSOR, all public records in possession of LESSEE or keep and maintain public records required by LESSOR to perform the servicer If LESSEE transfers all public records to. LESSOR upon completion of the Agreement, LESSEE shall destroy any duplicate public records that are exempt or confidential and' exempt from public records disclosure requirements. If LESSEE keeps and maintains public records upon completion of the Agreement, LESSEE shall meet all applicable requirements for retaining public records.: All records stored electronically must be provided to LESSOR,- upon request from LESSOR's custodian of public records, in a format that is compatible with.the information technology systems of LESSOR: LESSEE shall incorporate this provision into every contract that it enters into relating to the DEMISED PREMISES: IF THE PARTIES HAVE QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, .TO THE PROVIDER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING. TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Second Amendment to Use Agreement/City of Miami Beach/north Beach Elementary.School/Draft#3 07.08.21 Page 3 EXHIBIT "1" CITY OF MIAMI BEACH ATTENTION: RAFAEL E. GRANADO, CITY CLERK 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 331.39 E-MAIL: RAFAELGRANADO(a�MIAMIBEACHFL.GOV PHONE: 305-673-7411 6. A new article XXVII is hereby added to the Agreement, as follows: XXVII.. INSPECTOR GENERAL AUDIT RIGHTS (A) Pursuant to Section 2-256 of the Code of the City of Miami Beach, LESSOR has established the Office of the Inspector General which may, on a random basis, perform reviews, audits, .inspections and investigations on all City contracts, throughout the duration of said contracts. This random audit is separate and distinct from any other audit performed by or onbehalf of LESSOR. (B) The Office of the Inspector General is authorized to investigate LESSOR affairs and empowered to review past, present and proposed LESSOR programs, accounts, records, contracts and transactions. In addition, the Inspector General has the power to subpoena witnesses, administer oaths, require the production of witnesses and monitor LESSOR projects and programs. Monitoring of an existing LESSOR project or program may include a report concerning whether the project is on time, within budget and in conformance with the contract documents and applicable law. The Inspector General shall have the power to audit, investigate, monitor, oversee, inspect and review operations, activities, performance and procurement process including but not limited to project design, bid specifications, (bid/proposal) submittals, activities of the LESSEE, its officers, agents and employees, lobbyists, LESSOR staff and elected officials to ensure compliance with the contract documents and to detect fraud and corruption. Pursuant to Section 2-378 of the City Code; the LESSOR is allocating a percentage of its overall annual contract expenditures to fund the activities and operations of the Office of Inspector General. (C) Upon ten (10) days written notice to the LESSEE the LESSEE shall make all requested records and documents available to the Inspector General for inspection and copying. The Inspector General is empowered to retain the services of independent private sector auditors to audit, investigate, monitor, oversee, inspect and review operations activities, performance and procurement process including but not limited to project design, bid specifications, (bid/proposal) submittals, activities of the LESSEE its officers, agents and employees, lobbyists, LESSOR staff and elected officials to ensure compliance with the contract documents and to detect fraud and corruption. Second Amendment to Use Agreement/City of Miami Beach/north_Beach Elementary School/Draft#3 07.08.21 . Page 4. EXHIBIT"1» (D) The Inspector General shall have the right to inspect and copy all documents and records in the LESSEE's possession, custody or.control.which in the Inspector General's sole judgment, pertain to performance of the contract, including, but not limited to original estimate files,change order estimate files,worksheets, proposals and agreements from and with successful subcontractors and suppliers, all project- related correspondence, memoranda, instructions, financial documents, construction documents, (bid/proposal) and contract documents, back-change documents, all documents and records which involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends received, payroll and personnel records and supporting documentation for the aforesaid documents and records: (E) The LESSEE shall make available at its office at all reasonable times the records, materials, and other evidence regarding the acquisition (bid preparation) and performance of this Agreement, for examination, audit, or reproduction, until three (3) years after final payment under this Agreement or for any longer period required by statute or by other clauses of this Agreement. In addition: i. If this Agreement is completely or partially terminated, the LESSEE shall make. available records relating to the work terminated until three(3)years after any resulting final termination settlement; and ii. The LESSEE shall make available records relating to appeals or to litigation or the settlement of claims arising under or relating to this Agreementuntil such appeals, litigation, or claims are finally resolved. (F) The provisions in this section shall apply .to the LESSEE, its officers, agents, employees, subcontractors and_ suppliers. The LESSEE shall incorporate the provisions in this section in all subcontracts and all other agreements executed by the. LESSEE in connection with the performance of this Agreement. (G)Nothing in this section shall impair any independent right of LESSOR to conduct audits or investigative activities. The provisions of this section are neither intended nor shall they be construed to impose any liability on LESSOR by the LESSEE or third parties. 6. Except as amended by this Second Amendment,to Use Agreement, all other terms and conditions of the Agreement shall remain unchanged and in full force and effect. [INDIVIDUAL SIGNATURE PAGES FOLLOW] Second Amendment to Use Agreement/City of Miami Beach/north Beach Elementary School/Draft#3 07.08.21 Page 5. EXHIBIT"1» IN WITNESS WHEREOF, LESSEE and the LESSOR havecaused this Second Amendment to Use Agreement to be executed by their respective and duly authorized officers the day and year first hereinabove written. WITNESSES AS TO THE LESSEE: . LESSEE: THE SCHOOL BOARD OF MIAMI-DAD E COUNTY, FLORIDA By: Print Name: Alberto M. Carvalho Superintendent of Schools Date: Print Name: RECOMMENDED: Jaime G. Torrens Chief of Staff Date: TO THE LESSEE: APPROVED AS TO TO THE LESSEE: APPROVED AS TO RISK FORM AND LEGAL SUFFICIENCY: MANAGEMENT ISSUES: Office of Risk and Benefits Management School Board Attorney Date:. Risk and Benefits Officer Date: TO THE LESSEE: APPROVED AS TO TREASURY MANAGEMENT ISSUES:. Office of Treasury Management Treasurer Date: Second Amendment to Use Agreement/City of Miami Beach/north Beach Elementary School/Draft#3 07.08.21 Page 6 EXHIBIT "1» WITNESSES AS TO THE LESSOR: LESSOR: CITY OF MIAMI BEACH By: Print Name: Name: Alina T. Hudak Title: City Manager Date: Print Name: ATTEST: City Clerk. Date: TO THE LESSOR: APPROVED AS TO FORM, LANGUAGE & FOR EXECUTION: By: City Attorney . Date: Second Amendment to Use Agreement/City of Miami Beach/north Beach Elementary School/Draft#3 07.08.21 Page 7 EXHIBIT "1" SECOND AMENDMENT TO USE AGREEMENT THIS SECOND AMENDMENT ("AMENDMENT") TO USE AGREEMENT (the "Second .Amended Agreement") is made and entered into this day :of. 20_, with an effective date of July 23, 2021, by and between THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA, a body corporate and politic (hereinafter called the "LESSEE"), and the CITY OF MIAMI BEACH', a municipal corporation of the State of Florida (hereinafter referred to as the"City".or"LESSOR"), The LESSOR and LESSEE are sometimes referred to in this Amendment individually as "Party" and collectively as the "Parties". WITNESSETH: WHEREAS, LESSOR and LESSEE entered intothat certain Use Agreement, dated October 18, 2000 (the "Agreement")for LESSEE'S use of parking facilities on and along 41st. Street (the "DEMISED PREMISES") by North Beach Elementary School ("School"), located at 4100 Prairie Avenue, Miami Beach,Florida; and WHEREAS, LESSOR and LESSEE entered intothat certain First.Amendment to Use Agreement, dated April 12, 2011, to extend the term for five-year period and amend certain terms and conditions of the Agreement; and WHEREAS, LESSOR and LESSEE entered into that certain Renewal of Amended Use Agreement, dated April 14, 2016, to extend the term of the Agreement for an additional five-year period (the Agreement, as. amended by the First Amendment to Use Agreement and the Renewal of Amended Use Agreement shall be collectively referred to herein as the "Agreement"); and WHEREAS, the current term of the Agreement will,expire on July 22,2021; and WHEREAS, The School Board of Miami-Dade.County, Florida, at its meeting of November. 18, 2015, authorized the Superintendent to grant or deny all approvals required under the Agreement, including placing the LESSOR in default, and renewing, extending, cancelling or terminating the Agreement, in accordance with Board Action No. 117,912; WHEREAS, on , 2021, the Mayor and the City:Commission of: the City of Miami Beach adopted Resolution. No. approving this Amendment to (1).approve an additional five(5)year renewal term, commencing on July 23, 2021 and ending on July 22, 2026, and concurrent therewith, modify the Agreement to add language that allows for the relocation of the spaces from the 42nd Street lot (P63): to the 42nd Street Garage '(G6) at no additional cost; (2) adjust the annual fee from $3,150.00 to $5,625.00, which represents 50% of the current rate of$75 per space for the 15 spaces over a period of 10 months, payable in 12 equal installments; and (3) modify miscellaneous provisions of the Agreement to update the No Discrimination provision; add a Public Records Law provision; and add an Inspector General Audit Rights provision; and WHEREAS, LESSOR and LESSEE hereby consent to a renewal of the Agreement for another five(5)year term, commencing on July 23,2021 and ending on July 22, 2026. Second Amendment to Use Agreement/City of Miami Beach/north Beach Elementary.School/Draft#3 07,08.21 Page 1 EXHIBIT"1» NOW, THEREFORE, for and in of the mutual covenants hereinafter contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree as follows: The foregoing recitals are true and correct and incorporated herein by reference, 1. Article I of the Agreement, entitled "Premises to Be Leased", is hereby amended as follows: LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR the following described facilities, totaling thirty(30)parking spaces, hereinafter collectively called the "DEMISED PREMISES," lying and being in the City of Miami Beach, County of Miami-Dade, State of Florida, and more particularly described in Exhibit "A, attache d hereto and made'a part hereof, to wit: • Fifteen (15) dedicated metered parking spaces along 42nd Street (hereinafter called "METERED PARKING"); and • Fifteen (15) dedicated parking spaces in the last row of the surface lot on 42nd Street, (hereinafter called "SURFACE LOT"); which may be relocated to the 42nd Street Garage (G6) at any time at no additional charge, in the event the subject parking spaces in the SURFACE LOT are eliminated due to construction related activities, and cannot be otherwise relocated within the SURFACE LOT. 2. The Agreement will be renewed for a five-year period, commencing July 23, 2021 and ending July 22, 2026. 3. Paragraph 1 of Article IV of the Agreement, entitled "Consideration," is hereby amended, as follows: Other than as stipulated in Article V, LESSEE does hereby covenant and agree to pay LESSOR, and LESSOR does hereby covenant andagree to accept from LESSEE,as full consideration for the use and occupancy of the DEMISED PREMISES, the sum of THREE THOUSAND ONE HUNDRED FIFTY . DOLLARS ($3,150.00) FIVE. THOUSAND SIX HUNDRED AND TWENTY-FIVE ($5,625.00) per year, payable in twelve (12) equal monthly installments of TWO HUNDED SIXTY TWO DOLLARS AND FIFTY CENTS($262.50)FOUR HUNDRED SIXTY-EIGHT AND SEVENTY FIVE CENTS ($468.75). 4. Article V of the Agreement is hereby deleted in its entirety. 5. Article XVIII of the Agreement is hereby amended to add the following language: Additionally, LESSEE shall comply fully with the City of Miami Beach Human Rights Ordinance, codified in Chapter 62 of the City Code, as may be amended from time to time, prohibiting discrimination in employment, housing, public accommodations; and public services on account of actual or perceived race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status, age, disability, ancestry, height, weight, domestic partner status, labor organization membership, familial situation, or political affiliation. Second Amendment to Use Agreement/City of Miami Beach/north Beach Elementary School/Draft#3 07.08.21 Page 2 EXHIBIT "1" 6. A new article XXVI is hereby added to the Agreement, as follows: XXVI. FLORIDA PUBLIC RECORDS LAW; AUDITS AND INSPECTIONS & ACCESS TO RECORDS This Agreement shall be subject to Florida's Public.Records Laws, Chapter 119, Florida Statutes. The Parties understand the broadnature of these laws and agree to. comply with Florida's Public Records Laws and laws relating to records retention. LESSEE shall keep and: maintain public records required by LESSOR to perform the service. LESSEE shall keep records to show its. compliance with this Agreement. LESSEE's contractors and subcontractors must make available, upon .request of. LESSOR, a Federal:grantor agency, the Comptroller. General of the United States, or any of their duly authorized representatives, any books, documents, papers, .and records of LESSEE or its=assigns, contractors or subcontractors which are directly pertinent to this specific Agreement for the purpose of making audit, examination, excerpts, and transcriptions. Upon request from the LESSOR's custodian of public records, LESSEE shall provide LESSOR with a copy of the requested records or allow the records to be inspectedor copied within a reasonabletime ata cost that does not exceed the cost provided in this chapter or otherwise provided bylaw. LESSEE shall ensure thatpublic records that are exempt or confidential and exempt from public records: disclosure requirements are not disclosed except as authorized by law for the duration of the term of this Agreement and following the expiration or early termination or cancellation of this Agreement if LESSEE does not transfer the records to LESSOR. LESSEE, its assigns, contractors and sub-contractors shall retain all records for five(5)years after final payment is madeor received and all pending matters arecompleted pursuant to Title.34,.Sections 80.36(b)(1). LESSEE, upon completion of the. Agreement, shall transfer, at no cost to LESSORS all public records in possession of LESSEE or keep and maintain public records required by:LESSOR to perform the service.. If LESSEE transfers all public records to LESSOR upon completion of the Agreement, LESSEE shall destroy any duplicate.public records that are _exempt or confidential and- exempt from public records disclosure requirements. If LESSEE keeps and maintains public records upon completion of the Agreement,.LESSEE shall meet all applicable requirements for retaining public records. All records stored electronically must be provided .to LESSOR, upon request from LESSOR's custodian of public records, in a.format that is compatible with the information technology systems of LESSOR. LESSEE shall incorporate this provision into every contract that it enters into relating to the DEMISED PREMISES: IF THE PARTIES HAVE QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE PROVIDER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Second Amendment to Use Agreement/City of Miami Beach/north Beach Elementary School/Draft#3 07.08.21 Page 3 EXHIBIT "1" CITY OF MIAMI BEACH ATTENTION: RAFAEL:E. GRANADO, CITY CLERK 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 E-MAIL: RAFAELGRANADOI*a7MIAM IBEAC HFL.GOV PHONE: 305-673-7411 7. A new article XXVII is hereby added to the Agreement, as follows: XXVII. INSPECTOR GENERAL AUDIT RIGHTS (A) Pursuant to Section 2-256 of the Code of the City of Miami Beach, LESSOR has established the.Office of the Inspector General which may, on arandom basis, perform reviews, audits, inspections..and investigations on all Citycontracts,. throughout the duration of. said contracts. This random audit is separate and distinct from any other audit performed by or on behalf of LESSOR. (B) The Office of the Inspector General is authorized to investigate LESSOR affairs and empowered to review past, present and proposed LESSOR programs, accounts, records, contracts and transactions. In addition, the Inspector General has the power to subpoena witnesses, administer oaths, require the production of witnesses and monitor LESSOR.projects and programs. Monitoring of an existing LESSOR project or program may include a report concerning whether the project is on time, within budget and in conformance with the contract documents and applicable law. The Inspector General shall have the power to audit, investigate, monitor, oversee, inspect and review operations, activities, performance and procurement process including but not limited to project design, bid specifications, (bid/proposal) submittals, activities of the LESSEE, its officers, agents and employees, lobbyists, LESSOR staff and elected officials .to ensure compliance with the contract documents and.to detect fraud and corruption. Pursuant to Section 2-378 of the City Code, the LESSOR is allocating a percentage of its overall annual contract expenditures to fund the activities and operations of the Office of Inspector General. (C) Upon ten (10) days written notice to the LESSEE, the LESSEE shall make all requested recordsand documents available to the Inspector General for inspection and copying. The Inspector General is empowered 'to retain the services of independent private sector auditors to audit, investigate,monitor, oversee, inspect and review operations activities, performance and procurement process including but not limited to-project design, bid specifications, (bid/proposal) submittals, activitiesof the LESSEE its officers, agents andemployees, lobbyists, LESSOR staff and elected officials to ensure compliance with the contract documents and to detect fraud and corruption. Second Amendment to Use Agreement/City of Miami Beach/north Beach Elementary School/Draft#3 07.08.21 Page 4 EXHIBIT "1". (D) The Inspector General shall have the right to inspect and copy all documents and records in the LESSEE's possession, custody or control which in the Inspector. General's sole iudgment, pertain to performance of the contract, including, but not limited to original estimate files, change order estimate files,worksheets, proposals and agreements from and with successful subcontractors and suppliers, all project- related correspondence, memoranda, instructions, financial documents, construction documents, (bid/proposal) and contract documents, back-change. documents, all.documents and records which involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends received,. payroll and personnel records and supporting documentation for the aforesaid documents and records. (E) The LESSEE shall make available atits office at all reasonable times the records, materials, and other evidence regarding the acquisition (bid preparation) and performance of this Agreement, for examination, audit, or reproduction, until three (3) years after final payment under this Agreement or for any longer period required by statute or by other clauses of this Agreement. In addition: i. If this Agreement is completely or partially terminated, the LESSEE shall make available records relating to the work terminated until three(3)years after any resulting final termination settlement; and • ii. The LESSEE shall make available records relating to appeals or to litigation or the settlement of claims arising under or relating to this Agreement until such appeals, litigation, or claims are finally resolved: (F) The provisions in this section shall apply to the. LESSEE, its officers, :agents,. employees, subcontractors and suppliers. The LESSEE shall incorporate the provisions in this section in all subcontracts and all other agreements executed by.the. LESSEE inconnection with the performance of this Agreement. (G)Nothing in thissection shall impair any independent right of LESSOR to conduct audits or investigative activities.The provisions of this section are neither intended nor shall they be construed to impose any liability on.LESSOR by.the LESSEE or third parties. 6. Except as amendedby this Second Amendment to.Use Agreement, all other terms and conditionsof the Agreement shall remain unchanged and in full force and effect. [INDIVIDUAL SIGNATURE PAGES FOLLOW] Second Amendment to Use Agreement/City of Miami Beach/north.Beach Elementary School/Draft#3 07.08.21 age 5 EXHIBIT "1" IN WITNESS WHEREOF, LESSEE and the LESSOR have caused this Second Amendment to Use Agreement to be executed by their respective and duly authorized officers the day and year first hereinabove written. WITNESSES AS TO THE LESSEE: LESSEE: THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA By: Print Name: Alberto M. Carvalho Superintendent of Schools Date: Print-Name: RECOMMENDED: Jaime G..Torrens Chief of Staff Date: TO THE LESSEE: APPROVED AS TO TO THE LESSEE: APPROVED AS TO RISK FORM AND LEGAL SUFFICIENCY: MANAGEMENT ISSUES: Office of Risk and Benefits Management School Board Attorney Date: Risk and Benefits Officer Date: TO THE LESSEE: APPROVED AS TO TREASURY MANAGEMENT ISSUES: Office of Treasury Management Treasurer Date: Second Amendment to Use Agreement/City of Miami Beach/north Beach Elementary.School/Draft#3 07.08.21 Page 6 EXHIBIT "1" WITNESSES AS TO THE LESSOR: LESSOR: CITY OF MIAMI BEACH By: Print Name: Name:. Alina T. Hudak Title: City Manager Date: Print.Name: ATTEST: City Clerk Date: TO THE LESSOR: APPROVED AS TO FORM, LANGUAGE & FOR EXECUTION: By: City Attorney Date: Second Amendment to Use Agreement/City.of Miami Beach/north.Beach Elementary,School/Draft#3 07.08.21 Page 7