First Amendment to Use Agreement FIRST AMENDMENT TO USE AGREEMENT
THIS FIRST AMENDMENT T USE GREEME T (the "Amendment ") is made and
da
entered into this 1 �.- w
��L.. y of fit' 20 b y and between THE SCHOOL
. . , BOARD OF MIAMI -DADS COUNTY, FLORIDA, ' 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 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 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 l 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
thirt (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:
fG F (24) Fifteen (15) dedicated metered parking spaces along
42 Street (hereinafter called "METERED PARKING "); and
• T- w e R t y f euF (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
x
to '
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 FORTHO THR
HU NDRED TWENTY DOLLAR -( 004 THREE THOUSAND ONE
HUNDRED FIFTY DOLLAR ($3,150) per year, payable in twelve (12)
equal monthly installments of Tt =1Q�F HI ���DRED SIXTY DO R
TWO HUNDRED SIXTY TWO DOLLARS AND FIFTY CENTS
($ 262.50). Tho l t e
QeR Fate has her� determiRed at per paFkir►rr
tar � - rra - rat u� u � -- a��
. 0
SURFACE 1 OT paFkiR9 sn � - + fo�rn. peried of NGveem j�
4&-. -Tr sr, Gh rge tG the LESSEE for the METERE4; � ��''�� ��
DD[?Lllnl�` �r»ne�
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
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
•
Matti Herrera Bower, MAYOR
Ofo M. Carvalho
uperintendent .of Schools
Attest:
Robert Parcher, CITY CLERK
Witness /Signature - ^-
Print Name
FO Witness /Signature
AS TO `N .4- or
CY
Y �. �.,�, Print Name
Underscore denotes new language APPROVED AS TO
StFe - t hm ugh denotes deleted language FORM &. LANGUAGE r
tk FOR EXECUTION
ome to
Page 3 of 3
EXHIBIT «A„
LOCATI MAP � � w
CL
a W 4 S 7 �-- �-
r
North Q i
Beach ¢
:Elementary W42No ST'
ARTHUR GODFREY RU
ir
Uj
W 42N ,0 gr
Surface Parking Lot
Metered Parking .
(15 Spaces) Spaces
(15 Spaces)
LEGEND
Demised Premises
(Total of 30 Parking Spaces)
Not to seal
Mi am i = D ade C oun ty • •
giving our students
the world
giving our students the world
Superintendent of Schools Miami -Dade County School Board
Alberto M. Carvalho Perla Tabares Hantman, Chair
Dr. Lawrence S. Feldman, Vice Chair
Dr. Dorothy Bendross- Mindingall
Carlos L. Curbelo
Renier Diaz de la Portilla
Dr. Wilbert "Tee" Holloway
Dr. Martin Karp
Dr. Marta Perez
April 29, 2011 Raquel A. Regalado
The City of Miami Beach
Ms. Lilia Cardillo
City Clerk's Office
1700 Convention Center Drive
Miami Beach, Florida 33139
Re: First Amendment to Use Agreement between The School Board of Miami-
Dade County, Florida and the City of Miami Beach, for use by North Beach
Elementary School,, for use of Parking Facilities located at 4100 Prairie
Avenue
Dear Ms. Cardillo:
Enclosed is a fully executed original of the subject amendment for your records.
If you have any questions or comments, please contact me at (305) 995 -7486. Thank
you.
Sincerely,
Ivis Barba
Coordinator II
IB:scj
L -408
Enclosure
cc: Ms. Ana Rijo -Conde
Mr. Michael A. Levine
Mr. Jorge M. Gonzalez
Facilities Planning, Design, and Sustainability
Ana Rijo- Conde, A/CP, Eco- Sustainability Officer • 1450 N.E. 2nd Ave. - Suite 525 - Miami, FL 33132
305- 995 -7285 - 305 - 995 -4760 (FAX) - arijo @dadeschools.net