Second Amendment with MDC and CMB ao 13--d-W3-71
4-30,-13
SECOND AMENDMENT TO AGREEMENT BETWEEN MIAMI-DADE
COUNTY AND THE CITY OF MIAMI BEACH
THIS SECOND AMENDMENT to Agreement made this 1st day of
October , 20135 by and between the CITY OF MIAMI BEACH., a Florida municipal
corporation, hereinafter designated or referred to as the "CITY," and MIAMI-DADE COUNTY, a
political subdivision of the State of Florida, hereinafter referred to as the"COUNTY,"
WITNESSETH:
WHEREAS, pursuant to Resolution No. R-1003-86, adopted by the Miami-Dade Board of
County Commissioners on July 15, 1986, and Resolution No. 86-18488, adopted by the City
Commission of the City of Miami Beach on June 18, 1986, an Agreement between the City and County
was executed, in connection with the merger of the library services within the City of Miami Beach,
Florida(the "Agreement"); and
WHEREAS, pursuant to Resolution No. R-82-06, adopted by the Miami-Dade Board of County
Commissioners on January 24, 2006, and Resolution No. 2005-26060, adopted by the City Commission
of the City of Miami Beach on December 7, 2005, the Agreement was subsequently amended by First
Amendment to Interlocal Agreement between City of Miami Beach and Miami-Dade County for Library
Services, dated January 24, 2006 ("First Amendment"), collectively referred to herein as (the
"Agreement"); and
WHEREAS, the First Amendment included expanding the definition of"Premises" to include a
new library location at 227 22nd Street, Miami Beach, FL, including establishing the operation of a City
Police Substation at this location ("Regional Library Facility"), and the relocation of the South Shore
Reading Room to approximately 5,000 square feet of air conditioned and heated office space, located at
the Courts of South Beach Condominium, 131 Alton Road, Unit CU-2, Miami Beach, Florida ("South
Shore Branch"); and
WHEREAS, pursuant to the First Amendment, as part of the "Cost of Operation", the County is
responsible for payment of all fees charged by the Courts of South Beach Condominium Association
(the "Association") for the South Shore Branch premises, including condominium maintenance fees,
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periodic assessments, and any other fees charged by the Association("Condominium Fees"); and
WHEREAS, the Agreement has been successively renewed every year and is currently in the
twenty-seventh renewal option period, which commenced on October 1, 2013 and terminates on
September 30, 2014 under the same terms and conditions; and
WHEREAS, both the County and the City are desirous of amending the Agreement as set forth
below; and
WHEREAS, by Resolution No. R-102-14, adopted on February 4, 2014, the Board of County
Commissioners has authorized this Second Amendment to Agreement, effective October 1, 2013; and
WHEREAS, by Resolution No. 2013-28371, adopted September 30, 2013, the City Commission
of the City of Miami Beach, Florida has authorized this Second Amendment to Agreement, effective
October 1, 2013;
NOW, THEREFORE, in consideration of the foregoing premises, and mutual covenants herein
contained, and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties agree as follows:
AGREEMENT
1. The forgoing recitals and provisions are hereby adopted and incorporated herein to the
Agreement.
Paragraph 29, titled "Maintenance Costs for the new Regional Library Facility and the
South Shore Branch at the Courts of South Beach Condominium," is hereby amended to
include the following: Although the County is responsible for the entire cost of the
operation of the South Shore Branch, for the fiscal year commencing on October 1, 2013
and ending on September 30, 2014, both the City and the County mutually agree to pay
fifty percent (50%) of the cost of the Condominium Fees assessed by the Association
against the South Shore Branch, for the fiscal year commencing October 1, 2013 and
ending on September 30, 2014,which are estimated to be$32,731.56 (the"Condominium
Fees"). The prorated share for each party shall be Sixteen Thousand Three Hundred
Sixty-Five Dollars and 78/100 ($16,365.78), payable to the Courts at South Beach
Condominium Association, 101 Alton Road, Miami Beach, Florida 33139. Regardless of
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any subsequent increases in the Condominium Fees, the City's contribution shall not
exceed its estimated prorate share of$16,365.78 ("City's Contribution"). No taxes shall
be assessed against the South Shore Branch and the County shall assume any such taxes
or assessments in the event any are assessed or levied.
2. As consideration for the City's Contribution, the County agrees to maintain the current
hours of operation and the current staffing levels for the South Shore Branch throughout
the 2013-2014 Fiscal Year.
The current hours of operation are as follows:
Monday 10:00 AM—6:00 PM
Tuesday 10:00 AM—6:00 PM
Wednesday 12:00 Noon— 8:00 PM
Thursday 10:00 AM—6:00 PM
Friday Closed
Saturday 10:00 AM—6:00 PM
Sunday Closed
The current staffing levels include three (3) positions: Librarian 1, Library Assistant 3
and Library Assistant 2.
3. In all other respects said Agreement shall remain in full force and effect in accordance
with the terms and conditions specified therein.
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IN WITNESS WHEREOF, the City and County have caused this Second Amendment to
Agreement to be executed by their respective and duly authorized officers the day and y ear first above
written.
ATTEST: CITY OF MIAMI BEACH
By: ; By:
Rafael Granado Philip Lev'
City Clerk Mayor
(OFFICIAL SEAL)
ATTEST: MIAMI-DARE COUNTY, FLORIDA
BY ITS BOARD OF
HARVEY RUVIN, CLERK COUNTY COMAiIISSIONERS
By: By:
Deputy Clerk Carlos A. Gimenez
County Mayor
(OFFICIAL SEAL)
Approved by the County Attorney as to
form and legal sufficiency:
APPROVED AS TO
FORM & LANGUAGE
&FOR EXECUTION
ity_.„,tt rn �, Date
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