2010-27544 Reso 2010 -27544
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING A FIRST AMENDMENT TO THE
USE AGREEMENT WITH THE SCHOOL BOARD OF MIAMI -DADE COUNTY,
FLORIDA, DATED OCTOBER 18, 2000, PROVIDING PARKING SPACES
FOR NORTH BEACH ELEMENTARY FACULTY AND STAFF; SAID
AMENDMENT REDUCING THE NUMBER OF PARKING SPACES
AVAILABLE FOR USE BY THE BOARD TO 30; APPROVING THE NEXT
FIVE (5) YEAR EXTENSION OF THE AGREEMENT, COMMENCING ON
JULY 23, 2011, AND EXPIRING ON JULY 22, 2016; AMENDING THE
ANNUAL RENT PAID BY THE BOARD TO THE CITY FROM $4,320.00 TO
$3,150.00 (OR FROM $360.00 PER MONTH, TO $262.50 PER MONTH); AND
ADDING A NEW ARTICLE ENTITLED, "LEGAL FEES AND COURT
COSTS ".
WHEREAS, on October 18, 2000, the Mayor and 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; and
WHEREAS, the Board and the City wish to extend the Use Agreement for
another five year term, commencing on July 23, 2011, and ending on July 22, 2016,
and, concurrent therewith, also wish to amend the Agreement, as follows:
• The total number of parking spaces available to Board reduced to 30, and shall
consist of 15 metered parking spaces along 42 Street, and 15 dedicated
parking spaces in the municipal surface parking lot on 42 Street;
• The rental rate shall decrease from four thousand three hundred twenty dollars
($4,320.00) per year, to three thousand one hundred fifty dollars ($3,150.00) per
year, payable in twelve (12) equal monthly installments of two hundred sixty two
dollars and fifty cents ($262.50); and
• A new section, entitled "Legal Fees and Court Costs," shall be added to
Agreement.
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 a First Amendment to the Use Agreement with the School
Board of Miami -Dade Count Florida, dated October 18, 2000, providing parking s
County, ,p 9p 9 aces p
for North Beach Elementary Faculty and Staff; said amendment reducing the number of
parking spaces available for use by the Board to 30; approving the next five (5) year
extension of the agreement, commencing on July 23, 2011, and expiring on July 22,
2016; and amending the annual rent paid by the Board to the City from $4,320.00 to
$3,150.00 (or from $360.00 per month, to $262.50 per month); and adding a new article
entitled, "Legal Fees and Court Costs ".
PASSED AND ADOPTED this 174 day of llovevti6er , 2010
I /!/ _ i• i /_'/
AYOR
ATTEST:
APPROVED AS TO
/(1 � k FORM & LANGUAGE
� A 60 C>&/Az & FOR EXECUTION
CITY CLERK ,-
+
/'l Attorney
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Date
T:\AGENDA2010 \Novemberl 72010\ consent\ NBEParkingSpaceLeaseAmendment .res
FIRST AMENDMENT TO USE AGREEMENT
THIS FIRST AMENDMENT TO USE AGREEMENT (the "Amendment ") is made and
entered into this day of 2010, 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 forty eight ('18)
thirty (30) parking spaces, hereinafter collectively called the "DEMISED
PREMISES," Tying 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:
• T wen t y -four (2.,) Fifteen (15) dedicated metered parking spaces along
42 Street (hereinafter called "METERED PARKING "); and
• T -four (2 ` Fifteen (15) dedicated parking spaces in the last row
of the surface lot on 42nd Street, (hereinafter called "SURFACE
LOT ").
Page 1 of 3
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 SOUR THOUSAND THREE
HUNDRED TWENTY DOLLARS ($'1,320.00) THREE THOUSAND ONE
HUNDRED FIFTY DOLLAR ($3,150) per year, payable in twelve (12)
equal monthly installments of THREE HUNDRED SIXTY DOLLARS
4360-9O4 TWO HUNDRED SIXTY TWO DOLLARS AND FIFTY CENTS
($262.50). -- - - - - - _ , - -- :- - -- -e - Sag -f g
e..- , - -- e • • - • O : e • - _ - e e e -e •- e • - e. • • , - - e • -
SURFACE LOT parking spaces, for the period of November 1
PARKING spaces.
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 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."
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.
Page 2 of 3
I N 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
Ala .4 11 - A A A.L_J"
Matti Herrera Bower, MAYOR Alberto M. Carvalho
Superintendent of Schools
Attest:
i G GA
Robert Parcher, CITY CLERK
Witness /Signature
Print Name
Witness /Signature
Print Name
Underscore denotes new language APPROVED AS TO
Strike-t h denotes deleted language FORM & LANGUAGE
& FOR EXECUTION
Page 3 of 3 1�' ome �,� t
COMMISSION ITEM SUMMARY
Condensed Title:
A resolution approving an amendment to the lease (use) agreement for municipal parking spaces adjacent
to North Beach Elementary (NBE) for faculty and staff use.
Key Intended Outcome Supported:
Maintain or Improve Traffic Flow.
Supporting Data (Surveys, Environmental Scan, etc.):
74% of residents and 72% of businesses rate the availability of parking across the City as too little or much too little.
Availability of parking was one of the changes residents identified to Make Miami Beach better to live, work or play.
Issue:
Should the City Commission approve an extension /amendments to the lease agreement with the school
board for faculty and staff parking of North Beach Elementary permits?
Item Summary /Recommendation:
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. The leased parking spaces have been serving as
replacement parking for faculty and staff of NBE. The existing lease agreement provides for the following:
Twenty -four (24) dedicated parking spaces along 42 Street at no charge; twenty -four (24) dedicated
parking spaces in the northern row of the surface lot on 42 Street at a 50% of the monthly rate during
peak season; and twenty -seven (27) parking spaces in the 42 Street parking garage at 50% of the
monthly rate during peak season. (Please note that NBE has never invoked the use of the twenty -seven
(27) parking spaces in the 42 Street Garage).The term of the lease is five (5) years, with five (5) year
extension options, upon the mutual consent of the parties. MDCPS is requesting to amend the lease
agreement as follows: (1) The total number of parking spaces available to the NBE shall be reduced from
48 to 30, and shall consist of 15 parking spaces along 42 Street, and 15 dedicated parking spaces in the
City's surface parking lot on 42 Street, as each term is defined in the Agreement.; (2) The City
acknowledges and agrees that MDCPS has extended the term of this Agreement for the five year term
commencing July 23, 2011 and ending July 22, 2016. (3) The rental rate shall increase from $30 to $35
per parking space per month for the 15 surface lot parking spaces, resulting in an effective rental rate of
$3,150 per year, payable in twelve (12) equal monthly installments of $262.50. (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 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.
(5) The attached Exhibit "A" shall replace the original Exhibit "A" to the Agreement. (6) All other terms and
conditions of the Agreement shall remain in full force and effect. The Administration has reviewed the
proposed amendments and has deemed them to be in the best interest of the City and NBE faculty and
staff. Adopt the Resolution.
Advisory Board Recommendation:
Financial Information:
Source of Amount Account Approved
Funds: 1
2
OBPI Total
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
Saul Frances, ext. 6483
Sign -Offs:
De t artment Director Assi -1 -, Cit Mana • er i ana • er
T:\AGENDA\2010 \November172010 \Consent \NBEParking paceLeaseAmendment.SUM.DOC
tri MIAMI BEACH AGENDA (ITEM C F
DATE -2-10
Or MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: City Manager Jorge M. Gonzalez 3fi -,
DATE: November 17, 2010
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING A FIRST AMENDMENT TO THE USE
AGREEMENT WITH THE SCHOOL BOARD OF MIAMI -DADE COUNTY,
FLORIDA, DATED OCTOBER 18, 2000, PROVIDING PARKING SPACES FOR
NORTH BEACH ELEMENTARY FACULTY AND STAFF; SAID AMENDMENT
REDUCING THE NUMBER OF PARKING SPACES AVAILABLE FOR USE BY
THE BOARD TO 30; APPROVING THE NEXT FIVE (5) YEAR EXTENSION OF
THE AGREEMENT, COMMENCING ON JULY 23, 2011, AND EXPIRING ON
JULY 22, 2016; AMENDING THE ANNUAL RENT PAID BY THE BOARD TO
THE CITY FROM $4,320.00 TO $3,150.00 (OR FROM $360.00 PER MONTH, TO
$262.50 PER MONTH); AND ADDING A NEW ARTICLE ENTITLED, "LEGAL
FEES AND COURT COSTS ".
ADMINISTRATION 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 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 existing lease agreement provides for the following:
1. Twenty -four (24) dedicated parking spaces along 42 Street at no charge; twenty -
four (24) dedicated parking spaces in the northern row of the surface lot on 42
Street at a 50% of the monthly rate during peak season; and twenty -seven (27)
parking spaces in the 42 Street parking garage at 50% of the monthly rate during
peak season. (Please note that NBE has never invoked the use of the twenty -seven
(27) parking spaces in the 42 Street Garage).
2. The term of the lease is five (5) years, with 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.
MDCPS is requesting to amend the lease agreement as follows:
• The total number of parking spaces available to the NBE shall be reduced from 48 to
30, and shall consist of 15 parking spaces along 42 Street at no charge (pursuant
November 17, 2010
City Commission Memorandum
NBE Parking Space Lease Amendment
Page 2 of 2
to the lease agreement), and 15 dedicated parking spaces in the City's surface
parking lot on 42 Street, at the approved 50% discount, as each term is defined in
the Agreement.
• The City acknowledges and agrees that MDCPS has extended the term of this
Agreement for the five year term commencing July 23, 2011 and ending July 22,
2016.
• The rental rate shall increase from $30 to $35 per parking space per month which is
a 50% discount of the current monthly parking permit rate of $70. This discounted
rate shall be applied to the 15 surface lot parking spaces, resulting in an effective
rental rate of $3,150 for the six month period of November 1 to April 30 each year;
however, it shall be payable in twelve (12) equal monthly installments of $262.50.
• 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 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.
• The attached Exhibit "A" shall replace the original Exhibit "A" to the Agreement.
• All other terms and conditions of the Agreement shall remain in full force and effect.
ANALYSIS OF PROPOSED AMENDMENTS:
The Administration has reviewed the proposed amendments and has deemed them to be
in the best interest of the City as well as the faculty and staff of North Beach Elementary.
The reduction of leased parking spaces from a total of 75 parking spaces to 30 parking
spaces will provide additional parking availability in the area; the monthly rate shall increase
from $30 to $35 (50% discount of the current monthly rate of $70) per space per month; and
additional language shall be inserted clarifying each party's responsibilities for legal fees and
court costs in the event of any litigation. Lastly, all other terms and conditions shall remain in
effect.
CONCLUSION
The Administration recommends that the Mayor and Commission approve the proposed
amendments to the lease agreement with Miami -Dade County Public Schools in order to
continue providing parking for North Beach Elementary faculty and staff. In addition, the
proposed amendments provide for a reduction in the total number of parking spaces leased
from 75 parking spaces to 30 parking spaces; an increase in the monthly parking rate from
$30 to $35; and additional provisions providing for each party being responsible for their
legal fees and court costs in the event of any litigation, Exhibit "A" is replaced with an
updated version, and all other terms and conditions of the Agreement shall remain in effect.
JMG /JGG /SF
T:\AGENDA\2010 \Novemberl 72010\ Consent \NBEParkingSpaceLeaseAmendment .cme.doc
EXHIBIT "A"
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Surface Parking Lot Metered Parking
(15 Spaces) Spaces
(15 Spaces) . •
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Demised Premises
(Total of 30 Parking Spaces)
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