Amendment No. 1 to the Agreement with UNIDAD of Miami Beach, Inc.AMENDMENT NO. 1
MANAGEMENT AGREEMENT
BETWEEN
CITY OF MIAMI BEACH, FLORIDA
AND
UNIDAD OF MIAMI BEACH, INC.
FOR THE NORTH BEACH SENIOR CENTER
This Amendment No. 1 (Amendment) to the Management Agreement, dated
September 30, 2006 (the Agreement), by and between the City of Miami Beach, Florida
(the City), a municipal corporation, organized and existing under the laws of the State of
Florida, having its principal place of business at 1700 Convention Center Drive, Miami
Beach, Florida 33139, and UNIDAD of Miami Beach, Inc. (UNIDAD), a Florida not -for-
profit corporation, having its principal place of business at 7251 Collins Avenue, Miami
Beach, Florida 33141, is entered into this 2 -Q day of art4E 2018 (Effective Date):
RECITALS
WHEREAS, UNIDAD and the City entered into an exclusive management
agreement (the Agreement), dated September 30, 2006, for the construction,
management and operation of the City -owned North Beach Senior Center (Senior
Center or Premises), located at 7251 Collins Avenue, excluding the adjoining public
restrooms as described more particularly in Exhibit "A" attached hereto; and
WHEREAS, under the terms of the Agreement, UNIDAD is responsible for the
utility costs and interior maintenance, repairs, and janitorial services for the Premises;
and
WHEREAS, under the terms of the Agreement, the City is responsible for capital
improvements for the Premises and maintenance of the exterior of the Premises, which
includes the terraces, building entrances, patio and the adjoining public restrooms; and
WHEREAS, UNIDAD requested that the City assume responsibility for the
maintenance and upkeep of the entire Premises, including the interior of the Senior
Center, and, in furtherance of UNIDAD's providing services, free of any charge, to the
City's elderly population, the City desires to assume these responsibilities, as more
particularly set forth herein; and
WHEREAS, on February 14, 2018, the Mayor and City Commission adopted
Resolution No. 2018 - 30198, authorizing the Administration to negotiate Amendment No.
1 to the Agreement, whereby the City agrees to assume responsibility for the
maintenance and repairs for the interior of the Senior Center, provided that UNIDAD
maintains the liability for damages arising out of the City's performance of said services;
and subject to funding for these services through a budget amendment for FY 17/18,
and thereafter subject to a budget approval by the City Commission in each subsequent
fiscal year; and further authorizing the Mayor and City Clerk to execute the final
negotiated amendment.
NOW THEREFORE, in consideration of the mutual promises and conditions
contained herein, and other good and valuable consideration, the sufficiency of which is
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hereby acknowledged, the City and UNIDAD hereby agree to amend the Agreement as
follows:
1. ABOVE RECITALS.
The above recitals are true and correct and are incorporated as part of this
Amendment.
2. MODIFICATIONS.
The Agreement is hereby modified (deleted items struck through and inserted
items underlined) as follows:
(a) Exhibit "A" to the Agreement is hereby deleted in its entirety and replaced
with the attached Exhibit "A ".
(b) Subsections 9.1 — 9.2 of the Agreement are hereby deleted in their entirety
and replaced with the following:
9.1 Maintenance and Repair.
The City hereby assumes, on behalf of UNIDAD, the responsibility for the
maintenance includin• da -to -da housekee•in• and 'anitorial services collectivel the
City interior maintenance responsibility), and the repair and replacement (at the City's
sole discretion), of all improvements fixtures, and equipment on the Premises
(collectively, the City interior repair responsibility). Notwithstanding the foregoing, the
costs associated with the interior maintenance and repair responsibility shall be subject
to funding, appropriation and approval by the City Commission during the City's annual
budget approval process. Additionally, the City may comply with the interior repair
responsibility through the City's existing agreements and in accordance with the same
standards as the City provides for other City facilities. The City interior maintenance and
repair responsibility shall not include those services or costs relating to, or arising out of,
any private event or activity at the Premises including, without limitation, services and
costs associated with the rental of the facility, which additional services or costs shall
remain the responsibility of UNIDAD.
UNIDAD shall provide the City with prompt notice of needed maintenance and
repair requests that are deemed to be within the City's responsibilities, and the City shall
have a reasonable time thereafter to commence said maintenance and /or repairs.
Except as expressly provided in this Agreement, it is understood by the parties
hereto that UNIDAD shall not be responsible, or required to pay, for any costs related to
capital improvements or infrastructure (i.e. including, but not limited to, roof, structural
elements and infrastructure, HVAC, plumbing and sewer lines, major electrical, etc.) for
the Premises (collectively, capital improvements or repairs). UNIDAD shall provide the
City with prompt notice of needed capital improvements or repairs, so that the City, in its
sole discretion, may prioritize and appropriate the funds necessary for any needed
capital improvements or repairs.
9.2. UNIDAD agrees to keep and maintain the Premises, and every part
thereof, in good condition and order during the Term of the Agreement and will not suffer
or permit any strip or waste of the Premises. UNIDAD shall comply with any and all
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State, Miami -Dade County, and City laws, codes, rules and regulations, etc. with regard
to its respective obligations.
(c) Subsection 9.5 of the Agreement is hereby deleted in its entirety to reflect the
following:
99 ®5 Orderly Operation.
Notwithstanding the City's assumption of UNIDAD's responsibility to provide the
interior maintenance and repair responsibilities, as provided in subsection 9.1, UNIDAD
shall be solely responsible for maintaining a neat and orderly operation at all times.
There shall be no living quarters nor shall anyone be permitted to live within the
Premises. UNIDAD shall make the Premises available for inspection during hours of
operation by the City Manager or his authorized representative.
(d) Subsection 10.2 of the Agreement is hereby modified as follows:
10.2 Use by the City. UNIDAD and the City have agreed that the
Proposed Improvements will provide a multi - purpose facility that can be used for
community programming, and serve as an adjunct to the adjacent park and bandshell
facility. Consistent with this, the City shall have the right to use the Senior Center, or
any part thereof, subject to availability, for the benefit of the community for such
purposes including, but not limited to, recreational programs sponsored by the City,
public meetings, training classes, City sponsored special events, receptions, and other
public purposes as deemed necessary by the City, without the payment of any rental or
use fee, so long as the user complies with the insurance requirements of the Agreement
(excluding the direct use by the City, as the City self- insures for general liabilitv�, except
. UNIDAD and
the City agree to develop mutually acceptable guidelines and regulations to permit City
and community use of the Senior Center, as set forth in subsection 5.1(h) of the
Agreement.
(e) Subsection 15.1 of the Agreement is hereby deleted in its entirety and
replaced as follows:
15.1 Licenses. Permits, Utilities.
15.1.1 UNIDAD shall pay any fees imposed by law for licenses or permits for any
uses or activities of UNIDAD upon the Senior Center or under this Agreement.
15.1.2 The City shall reimburse UNIDAD (less any penalties assessed as a
result of late payments) for the cost of trash collection, electricity and water and sewer
expenses (collectively, the City utility responsibility) in connection with the operation of
the Senior Center. Notwithstanding the foregoing, the costs associated with the City
utility responsibility shall be subject to appropriation and approval by the City
Commission during the City's annual budget approval process.
15.1.3 UNIDAD shall pay, before delinquency, all utility expenses which do not
fall within the City utility responsibility including, without limitation, any and all telephone,
and internet services.
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(f) Subsection 21.3 of the Agreement is hereby renumbered to reflect 21.4.
(g) Subsection 21.4 of the Agreement is hereby renumbered to reflect 21.5.
(h) A new subsection 21.3 is hereby added to the Agreement as follows:
21.3 Indemnification relating to the City's Assumption of UNIDAD's repair
and maintenance responsibilities. Further, UNIDAD shall indemnify and hold
harmless and defend (to the extent of the limits of UNIDAD's general liability insurance
policy) the City from and against any claim, demand or cause of action arising out of the
City's performance of UNIDAD's interior repair and maintenance responsibility (including
housekeeping), as more particularly set forth in subsection 9.1 of the Agreement.
Nothing contained in this section or elsewhere in this Agreement is in any way intended
to be a waiver of the limitation placed upon the City's liability, as set forth in Section
768.28, Florida Statutes.
(i) Section 30 of the Agreement is hereby modified to read as follows:
SECTION 30. NOTICES.
All notices from the City to UNIDAD shall be deemed duly served if mailed by
registered or certified mail to UNIDAD at the following address:
UNIDAD of Miami Beach, Inc.
Attention: Margarita Ccpedo, Executive Director
1701 Normandy Drivc 7251 Collins Avenue
Miami Beach, Florida 33141
All notices from UNIDAD to the City shall be deemed duly served if mailed to:
City of Miami Beach
City Manager
1700 Convention Center Drive
Miami Beach, Florida 33139
with copies to: City of Miami Beach
Attention: Asset Manager
1755 Meridian Avenue
Miami Beach, Florida 33139
UNIDAD and the City may change the above mailing addresses at any time upon
giving the other party written notification. All notice under this Agreement must be in
writing.
3. RATIFICATION.
Except as amended herein, all other terms and conditions of the Agreement shall
remain unchanged and in full force and effect. In the event there is a conflict
between the provisions of this Amendment and the Agreement, the provisions of
this Amendment shall govern.
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IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed by their appropriate officials, as of the date first entered above.
FOR CITY:
ATTEST:
By:
2ssi 1Qs Ds-
Rafael E. Granado, City Clerk
Date
CITY OF MIAMI BEACH, FLORIDA
FOR UNIDAD:
ATTEST:
By:
Dan Gelber, Mayor
�+aa
mow,
\ COB ORATED
14e I,DAD OF MIAMI BEACH, INC, a
eH f <Fli `rida not - for - profit corporation
Secretar
_0(441/0e2_,
Print Name
Grp %f/
Date /
Page 5 of 5
,dtGj 'it ki. d //?J, /L
Print Name
Presid ent
APPROVED AS TO
FORM & LANGUAGE
& FO XECUTION
City Attorney
Date
a
A
A
y
4
Exhibit A
LOCATION MAP
NOT TO SCALE
LEGAL DESCRIPTION
BEING A PORTION OF LOT 8 (DEED) LYING IN GOVERNMENT LOT 6, SECTION 2, TOWNSHIP 53 SOUTH, RANGE 42 EAST, CITY OF
MIAMI BEACH, MIAMI -DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE POINT OF INTERSECTION OF THE EASTERLY RIGHT OF WAY UNE OF STATE ROAD A -1 -A (A.K.A. COLONS
AVENUE) WITH THE SOUTHERLY RIGHT OF WAY LINE OF 73RD STREET; 'THENCE N87'03'37 "E ALONG SAID SOUTHERLY RIGHT OF
WAY LINE TO THE INTERSEC110N WITH THE COASTAL CONSTRUCTION CONTROL UNE, A DISTANCE OF 198,00 FEET, SAID POINT
ALSO BEING HEREINAFTER REFEREED TO AS POINT "A "; THENCE S0329'27'E A DISTANCE OF 156,45 FEET; THENCE
N8746'25 "E A DISTANCE OF 9.35 FEET TO THE 'POINT OF BEGINNING.
1ST STORY AREA:
THENCE N8746'25 "E A DISTANCE OF 24.24 FEET; ,THENCE S02'13'35 "E A DISTANCE OF 13.97 FEET; THENCE N8746'25 "E A
DISTANCE OF 20,38 FEET; THENCE S0213'35 "E A DISTANCE OF 38,80 FEET; 'THENCE S87'46'25 "W A DISTANCE OF 4.75 FEET;
THENCE S0213'35 "E A DISTANCE OF 15.61 FEET; THENCE 587'48'25 "W A DISTANCE OF 16.78; THENCE S0213'35 "A DISTANCE
OF 16.39 FEET; THENCE S87'46'25 "W A DISTANCE OF 26.52 FEET; THENCE NO2'13'35 "W A DISTANCE OF 18.77 FEET;
THENCE N87'46'25 "E A DISTANCE OF 9.58 FEET; THENCE N0213'35 "W A DISTANCE OF 15.23 FEET; THENCE 58746'25 "W A
DISTANCE OF 6,16 FEET; THENCE N0213'35 "W A DISTANCE OF 52.77 FEET TO THE POINT OF BEGINNING.
CONTAINING 3,035 SQUARE FEET MORE OR LESS.
COMMENCE AT POINT "A "; THENCE 503'29'27'E A DISTANCE OF 147.68 FEET; THENCE N87'46'25 1 A DISTANCE OF 16.67
FEET TO THE POINT OF BEGINNING,
2ND STORY AREA:
THENCE N87'46'25 "E A DISTANCE OF 45.52 FEET; THENCE S02'13 "59 "E A DISTANCE OF 37,22 FEET; THENCE S88'30'50 "W A
DISTANCE OF 0.48 FEET; THENCE S0213'69 "E A DISTANCE OF 66.50 FEET; THENCE S8746'01 "W A DISTANCE OF 44.66
FEET; N0213'59 "W A DISTANCE OF 92.33 FEET; THENCE S88'30'50 "W A DISTANCE OF 0.48 FEET; THENCE N0213'59'W A
DISTANCE OF 1,39 TO THE POINT OF BEGINNING.
CONTAINING 4,195 SQUARE FEET MORE OR LESS.
SURVEYOR'S NOTES:
1. THE SKETCH IS NOT A BOUNDARY SURVEY. THIS NOTE IS REQUIRED BY RULE 5J- 17,053(5)(4) FAC
2. BEARINGS SHOWN HEREON ARE BASE UPON FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE
1983/90, REFERENCED TO THE SOUTHERLY RIGHT -OF -WAY LINE OF 73RD STREET. WHICH BEARS
N87'03'37 "E.
3. THE LEGAL DESCRIPTION AND
HAVE BEEN INTEGRATED WITH
FACILITY.
4. THIS SKETCH OF DESCRIPTION
SURVEYOR AND MAPPER.
5. THE LEGAL DESCRIPTION AND
THROUGH L -3,
SKETCH OF WAS PREPARED
THE ARCHITECTURAL PLANS
IS NOT VALID WITHOUT THE
SKETCH OF DESCRIPTION IS
NAD
BY THE SIGNING SURVEYOR AND MEASUREMENTS
PREPARED FOR THE UNIDAD SENIOR CENTER
SIGNATURE AND THE SEAL OF A FLORIDA LICENSED
NOT FULL AND COMPLETE WITHOUT A SHEETS L -1
CERTIFICATION:
I HEREBY CERTIFY: THIS "LEGAL DESCRIPTION AND
SKETCH" IS TRUE AND CORRECT TO THE BEST OF
MY KNOWLEDGE AND BELIEF, AS DESCRIBED AND
DRAWN UNDER MY DIRECTION, AND THAT IT MEETS
THE STANDARDS OF PRACTICE AS SET FORTH BY THE
FLORIDA BY THE FLORIDA STATE BOARD OF
PROFESSIONAL SURVEYORS AND MAPPERS IN
CHAPTER 5J-17.053 FLORIDA ADMINISTRATIVE CODE,
PURSUANT TO SECTION 472.027 FLORIDA STATUES.
BRIAN T, BELLING DAT
CITY SURVEYOR MANAGER 3/23 iIS
PROFESSIONAL SURVEYOR AND MAPPER N0.4973
MIAM BEACH
PUBLIC WORKS DEPARTMENT
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FL03109
ACCEPTED BY:
BRIAN T. BELLINO
CITY SURVFYOR
REVISED
TITLE:
MIAMI BEACH
UNIDAD SENIOR CENTER
L -1
PROJECT NO.
SM -20188
•
P.O.C.
P.I. R/W LINES
N= 555198.1
E= 945286.34
m
z
73RD STREET
(40' R/W)
SOUTHERLY R/W LINE
198.00'(C)
POINT "A"
N87 °03'37 "E
LOT 8 (DEED)
PORTION OF GOVERNMENT LOT 6
LYING IN SECTION 2, TOWNSHIP 53 SOUTH,
RANGE 42 EAST
P.O.C.
P.O.B.
R/W
N=
E_
STY.
PG
PB
P.I.
(P)
LEGEND
POINT OF COMMENCEMENT
POINT OF BEGINNING
RIGHT OF WAY
NORTHING COORDINATE
EASTING COORDINATE
STORY
PAGE
PLAT BOOK
POINT OF INTERSECTION
CALCULATED DIMENSION
PLAT DIMENSION
N 555208.30
E 945484.07
LINE
BEARING
DISTANCE
Li
N87 °46'25 "E
24,24'
L2
S02 °13'35 "E
13.97'
L3
N87 °46'25 "E
20.38'
L4
S02 °13'35 'E
38.80'
L5
S87 °46'25 'W
4.75'
L6
S02 °13'35 "E
15.61'
L7
S87 °46'25 'W
16.78'
L8
502°13'351'E
16.39'
L9
S87 °46'25 'W
26.52'
L10
NO2° 13'35 'W
16.77'
L11
N87 °46'25 "E
9.58'
L12
NO2 °13'35 'W
15.23'
L13
S87 °46'25 'W
6.16'
L14
NO2°13'35 'W
52.77'
COASTAL CONSTRUCTION CONTROL LINE (PLAT BOOK 74, PAGE 25)
i
V S03'29'37 "W, 11.33'(C)
485.31'(C)
•
N 8746'25 "E
9.35'
L1
U
N)
0)
SKETCH OF LEGAL DESCRIPTION
THE LEGAL DESCRIPTION AND THE
SKETCH OF DESCRIPTION IS NOT
FULL AND COMPLETE WITHOUT ALL
SHEETS (L -1 THROUGH L -3.)
l
M AM BEACH.
PUBLIC WORKS DEPARTMENT
1700 CONVENTION CENTEN DRIVE, MIAMI BEACH, FL,33130
ACCEPTED BY:
BRIAN T. BELLINO
CITY SURVEYOR
REVISED
TITLE:
1ST STORY
UNIDAD SENIOR CENTER
L -2
PROJECT NO.
SM -2018R
P.O.C.
P.I. R/W LINES I
0
N= 555198.15
E= 945286.34
73RD STREET
(40' R /W)
SOUTHERLY R/W LINE
198.00'(C)
VI
P.O.C.
POINT "A"
N 87 °03`37 "E
LOT 8 (DEED)
PORTION OF GOVERNMENT LOT 6
LYING IN SECTION 2, TOWNSHIP 53 SOUTH,
RANGE 42 EAST
O cn
O \
P.O.C.
P.O.B.
R/W
STY.
PG
PB
P.I.
(c)
(P)
LEGEND
POINT OF COMMENCEMENT
POINT OF BEGINNING
RIGHT OF WAY
NORTHING COORDINATE
EASTING COORDINATE
STORY
PAGE
PLAT BOOK
POINT OF INTERSECTION
CALCULATED DIMENSION
PLAT DIMENSION
N 555208.30
E 945484.07
LINE
BEARING
DISTANCE
L15
N87 °46'25 'E
45,52'
L16
S02°13'59 "E
37.22'
L17
S88 °30'50 "W
0,48'
L18
S02' 13'59 "E
56.50'
L19
S87 °46'01 "W
44.56'
L20
NO2 °13'59 'W
92.33'
L21
S88 °30'50 "W
0.48'
L22
NO2° 13'59 'W
1.39'
0
M)
rn
am'
SKETCH OF LEGAL DESCRIPTION
S03'29'37"
S03'29'37 "W, 11.33'(C)
485.31'(C)
1) L21
287.31'(0)
N87 °46'25 'E
16.67'
- P.O.B.
L15
N
ND
0o
L17
2ND STY.
ND SENIOR
CENTER
4,195 SQ.FT.
Co
L19
THE LEGAL DESCRIPTION AND THE
SKETCH OF DESCRIPTION IS NOT
FULL AND COMPLETE WITHOUT ALL
SHEETS (L -1 THROUGH L -3)
ilAMI BEACH
PUBLIC WORKS DEPARTMENT
1700 CONVENTION CENTER DRIVE, MIAMI DEACH, FL.30139
ACCEPTED BY:
BRIAN T. BELLWO
CITY S ®�
REVISED
TITLE:
2ND STORY
UNIDAD SENIOR CENTER
L -3
PROJECT NO.
SM -20186