2015-29207 Reso RESOLUTION NO. 2015-29207
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING A RENEWAL OF THE
AMENDED USE AGREEMENT WITH THE SCHOOL BOARD OF MIAMI-
DADE COUNTY, FLORIDA, PROVIDING PARKING SPACES FOR
NORTH BEACH ELEMENTARY FACULTY AND STAFF, FOR
ANOTHER FIVE (5) YEAR TERM COMMENCING ON JULY 23, 2016
AND ENDING ON JULY 22, 2021.
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
parti es) for the B oa rd's use of parking spaces for faculty a n d sta ff of
North Beach
Elementary ("NBE"); and
WHEREAS, on November 17, 2010, the Mayor and City Commission passed
and adopted Resolution No. 2010-27544 approving a) a five (5) year extension of the
Use Agreement commencing July 23, 2011 and ending July 22, 2016 and b) the
following amendments to the Use Agreement ("Amended Use Agreement"):
• The total number of parking spaces available to NBE on 41st Street was reduced
from 48 (24 paid surface lot spaces and 24 metered spaces at no charge) to 30
paid spaces (15 metered parking spaces and 15 surface lot spaces); and
• The total rental amount decreased from $4,320 (48 spaces x $9/mo. x 10
months) to $3,150 (30 spaces x $10.50/mo. X 10 months); however, the new
rental rate results in an effective increase in the per space value. The charge for
the rental period (up to 10 months between September 1st and June 30th of each
year) is 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 Board and the City wish to renew the Amended Use Agreement
for another five (5) year term, commencing on July 23, 2016, and ending on July 22,
2021; and
WHEREAS, all of the terms and conditions of the Amended Use Agreement,
dated April 12, 2011, shall remain in full force and effect during the five (5) year term
commencing on July 23, 2016 and ending July 22, 2021.
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 five (5) year renewal of the Amended Use Agreement
with the School Board of Miami-Dade County, Florida, providing parking spaces for
North Beach Elementary faculty and staff; said renewal commencing on July 23, 2016
and ending on July 22, 2021.
PASSED AND ADOPTED this 9th day of December, 2015
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ATTEST: APPROVED AS TO
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I
RENEWAL OF AMENDED USE AGREEMENT
FOR FIVE (5) YEAR TERM
THIS RENEWAL OF AMENDED USE AGREEMENT FOR FIVE (5) YEAR TERM
is made and entered into this day of 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]
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 MIAM B EACH, FLORIDA THE SCHOOL BOARD OF MIAMI-
- DADE COUNTY, FLORIDA
I /7 . ,..
7
Phillip' Le -%Pe Mayor Alberto M. Carvalho
Superintendent of Schools
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R fael E.i Granado, City4. 'ei ,,,,.5� ,'�4�� Witness /Signature
.1 ' � S Print Name•
0 :INCORP ORATED:
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APPROVED"' " .Ra• L.< '*�
Witness/Signature
FORM & LAN . .... .; ''\
& FOR EXECUTI&''0,
26
c 1— 7^ jle Print Name
tl,,10-5<3/4,',City Attorney .- Date
F:\T Drive\AGENDA120151 December\PARKING\NBEParkingSpaceUseAmendment2015.amendment.doc.docx
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution approving a five(5)year extension to the Use Agreement with the School Board of
Miami Dade County, Florida, providing parking spaces for North Beach Elementary faculty and
staff; said extension commencing on July 23, 2016, and expiring on July 22, 2021.
Key Intended Outcome Supported:
Achieve Educational (K-12) Excellence
Supporting Data (Surveys, Environmental Scan, etc.): N/A
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 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.
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:
• 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 lease
agreement), and 15 dedicated parking spaces in the City's surface parking lot on 42nd
Street, at the approved 50% discount, as each term is defined in the Agreement.
• The City acknowledged and agreed 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 increased from$30 to$35 per parking space per month which was a 50%
discount of the current monthly parking permit rate of $70. This discounted rate was
applied to the 15 surface lot parking spaces, resulting in an effective rental rate of$3,150
for the six month period of November 1st to April 30th each year; however, it is 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.
• All other terms and conditions of the Agreement shall remain in full force and effect.
The Administration has reviewed the proposed extension and has deemed them to be in the best
interest of the City as well as the faculty and staff of North Beach Elementary and all terms and
conditions shall remain in effect. 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
ment Director Assist-,Aft ity Manager i Manager
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T:WGEND•+015\December2015\NBEParkingSpaceUse• Pendment.SUM.DOC
miAAAIBEAcH AG EN DA !ITEM C7 P
DATE a--9--/\
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISSI I1 N MEMORANDUM
it
TO: Mayor Philip Levine and Members o'(the City Co', mission
FROM: Jimmy L. Morales, City Manager
� I
DATE: December 9, 2015
SUBJECT: A RESOLUTION OF THE MAYOR .\ D CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA,APPROVING A FIVE(5)YEAR EXTENSION 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 EXTENSION
COMMENCING ON JULY 23, 2016, AND EXPIRING ON JULY 22, 2021.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
BACKGROUND
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 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. (Please note that NBE has never invoked the use of the twenty-seven
(27)parking spaces in the 42nd 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.
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:
• 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
lease agreement), and 15 dedicated parking spaces in the City's surface parking lot
on 42n Street, at the approved 50% discount, as each term is defined in the
Agreement.
December 9, 2015 City Commission Memorandum
North Elementary Parking Space Use Amendment
Page 2 of 2
• The City acknowledged and agreed 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 increased from$30 to$35 per parking space per month which was a
50%discount of the current monthly parking permit rate of$70. This discounted rate
was 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 st to April 30th each year; however, it
is 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.
• 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 extension and has deemed them to be in the
best interest of the City as well as the faculty and staff of North Beach Elementary and all
terms and conditions shall remain in effect.
CONCLUSION
The Administration recommends that the Mayor and Commission approve the proposed
extension 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 as all other terms
and conditions of the Agreement shall remain in effect.
a .
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