Amendment No. 1 to the Letter of Permit with The Trust for Public Land 0 /7-3005-3
AMENDMENT NO. 1 TO THE LETTER OF PERMIT
BETWEEN
THE CITY OF MIAMI BEACH, FLORIDA
AND
THE TRUST FOR PUBLIC LAND
This Amendment No. 1 ("Amendment") to the Letter of Permit, dated April 30, 2018, by
and between the CITY OF MIAMI BEACH, FLORIDA, 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 ("City"), and THE TRUST
FOR PUBLIC LAND, a California not for profit corporation, having its principal place of
business at 101 Montgomery 9th Floor, San Francisco, CA 94104 ("TPL"), is entered into
this gill day of Stp+cmbt.! 2018 (Effective Date):
RECITALS
WHEREAS, on October 18 2017, the Mayor and City Commission adopted
Resolution Number 2017-30053, approving and authorizing the City to accept a donation
from TPL, in the total amount of$120,000 for the construction and installation of outdoor
fitness equipment which will be located in the area approved through the Flamingo Park
Master Plan, subject to all required City approvals; and authorizing the City Manager, or
his designee, to make such expenditures or reimbursements consistent with the
aforestated purpose; and
WHEREAS, on April 30, 2018, the City and TPL executed the Letter of Permit with
respect to the Fitness Zone area in Flamingo Park(the Agreement), which services
include the donation, construction and installation of fitness equipment at Flamingo Park,
as set forth in Exhibit "A"; and
NOW THEREFORE, in consideration of the mutual promises and conditions
contained herein, and other good and valuable consideration, the sufficiency of which is
hereby acknowledged, the City and TPL hereby agree to amend the Letter of Permit 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 etr-usl sugh and inserted
items underlined) as follows:
Section 17.1 of the Letter of Permit, entitled "Termination for Failure to Secure
Signage Approval," is hereby deleted in its entirety.
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.
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: CITY OF MIAMI BEACH, FLORIDA
ATTEST:
'
By:
Rafa I E. G anado, City Clerk Dan Gelber, Mayor
Date �_ � ,--��� •:���ii
i
INCORP ORATED: * '
FOR TPL: k\.. r UST FOR PUBLIC LAND
ATTEST: 7 6r
1 ,���
By: 6• � /
Witness Division Legal Director
$+ACE, S . 9 h RC+
Print Name ASS+ . Sc-c, • Peter Fodor
A- l o- l g
Date
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
City ,{,4lonvfi Date