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Amendment No.1 to Interlocal Agreement with Miami-Dade County . N 2_1 t6 L AMENDMENT NO. 2 TO INTERLOCAL AGREEMENT DATED APRIL 4, 2013 BETWEEN CITY OF MIAMI BEACH AND MIAMI-DADE COUNTY GOB Project Number 84-70609 1 . Renovation of Flamingo Park THIS AMENDMENT (the "Amendment") to the Interlocal (hereinafter defined) by and between Miami-Dade County, a political subdivision of the State of Florida (the "County"), through its governing body, the Board of County Commissioners of Miami-Dade County, Florida (the "Board") and the City of Miami Beach, Florida, a municipal corporation organized under the laws of the State of Florida, through its governing body, the Mayor and Commissioners of the City of Miami Beach, Florida (the "Municipality") is entered into this k.5-"-- day of , 2018. NOW THEREFORE, pursuant to Resolution No. R-595-05, which specifically authorizes the County Manager to execute such agreements, sub-agreements and other required contracts and documents, to expend Building Better Communities bond funds received for the purpose described in the funding request, and in consideration of the mutual promises and covenants contained herein and the mutual benefits to be derived from this Agreement, the parties hereto agree as follows: Section 1. The Parties have previously executed an Interlocal Agreement ("Interlocal") dated April 4, 2013 in the amount of $3,099,000 for the Project and Amendment No. 1 Dated June 14, 2016; and Section 2. To the extent that the terms and provisions of the Interlocal are not expressly amended herein, such other terms and provisions shall be deemed in full force and effect, except that in the event of a conflict betvvieen the Interlocal and this Amendment, the provitions of this Amendment shall prevail. All capitalized terms contained in this Amendment whichi'are not defined in this Amendment shall have the respective meanings ascribed to them inthe Interlocal. Section 3. Section 9(a)(3) of the Interlocal is amended to read as follows: If the Municipality fails to complete the Project within seven (7) years of the effective date of the first executed Interlocal Agreement for this Project. All applicable County Rules, Regulations, Ordinances, Resolutions, Administrative Orders, and the County Charter referenced in this agreement are posted,vmthe C'ounty's-website: 1 of Section 4. This Amendment and the Interlocal, as amended by this Amendment, constitute the sole and only agreement of the parties and correctly sets forth the rights, duties and obligations of each to the other as of its date. Any prior agreements, promises, negotiations or representation not expressly set forth in the Interlocal, as amended, and this Amendment are of no force and effect. • 2 of 3 IN WITNESS THEREOF, the parties through their duly authorized representatives hereby execute this AGREEMENT with an effective date of NA-7 31 , 2018. City of Miami Beach, Florida By: City Mayor Date For the City Commission, APPROVED AS TO City of Miami Beach, Florida FORM & LANGUAGE & FO�EXECUTION • �� loom m►pn.ATTEST: , CLERK rn.� 5(t �/f ��'�` .. �•� '("k City Attorney Date �': NL )11J a1.•'A'" , dnado City ' Clerk : * sti_71) `nsOORP ORA :CIe i,, Date ; . :MIAMI-DADE COUNTY, FLORIDA By: QINIL f County Mayor MIAMI-DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS Stephen P. Clark Center 111 NW 1 Street Miami, Florida 33128 HARVEY RUVIN, CLERK Attest: By. 71/4r (7 Deputy Clerk Date 1y,.o,mo. gOOnese®MYYy�� 00)0 Approved by County Attorney as 4 .,��.® .•• , to form and legal sufficiency. �' . CQu?1 ♦ ••4!.;51?"ssnsss 06 010 e 00000 3 of 3 P2 20 CD — I 5 A AMENDMENT NO. 2 TO INTERLOCAL AGREEMENT DATED APRIL 4, 2013 BETWEEN CITY OF MIAMI BEACH AND MIAMI-DADE COUNTY GOB Project Number 86-70611 Improvements to Band Shell Park • THIS AMENDMENT (the "Amendment") to the Interlocal (hereinafter defined) by and between Miami-Dade County, a political subdivision of the State of Florida (the "County"), through its governing body, the Board of County Commissioners of Miami-Dade County, Florida (the "Board") and the City of Miami Beach, Florida, a municipal corporation organized under the laws of the State of Florida, through its governing body, the Mayor and Commissioners of the City of Miami Beach, Florida (the "Municipality") is entered into this (.5-7-e- day of Tvlj , 2018. NOW THEREFORE, pursuant to Resolution No. R-595-05, which specifically authorizes the County Manager to execute such agreements, sub-agreements and other required contracts and documents, to expend Building Better Communities bond funds received for the purpose described in the funding request, and in consideration of the mutual promises and covenants contained herein and the mutual benefits to be derived from this Agreement, the parties hereto agree as follows: Section 1. The Parties have previously executed an Interlocal Agreement ("Interlocal") dated April 4, 2013 in the amount of $1,500,000 for the Project and Amendment No. 1 Dated June 14, 2016; and Section 2. To the extent that the terms and provisions of the Interlocal are not expressly amended herein, such other terms and provisions shall be deemed in full force and effect, except thatln the event of a conflict between the Interlocal aridthis Amendment, the provisions of this Amendment shall prevail. All capitalized terms contained in this Amendment which are not definedkin this Amendment shall have the respective meanings ascribed to them in the Interlocal. 1 ' 1,' Section 3. Section 9(a)(3) of the Interlocal is amended to read as follows: If the Municipality fails to complete the Project within seven (7) years of the effective date of the first executed Interlocal Agreement for this Project. All applicable County Rules, Regulations, Ordinances, Resolutions, Administrative Orders, and the County Charter referenced in this - • = --agreerrfeflt areposted`ori°the County's'website:'"rnianfidatIb-.goV". 1 of 3 Section 4. This Amendment and the Interlocal, as amended by this Amendment, constitute the sole and only agreement of the parties and correctly sets forth the rights, duties and obligations of each to the other as of its date. Any prior agreements, promises, negotiations or representation not expressly set forth in the Interlocal, as amended, and this Amendment are of no force and effect. 2 of 3 4 . ,,A-' - WITNESS THEREOF, the parties through their duly authorized representatives hereby execute this AGREEMENT with an effective date of NA-7 31 , 2018. City of Miami Beach, Florida By:4/2 :11r...._____ ity Ma Date •�``` ""rrrr'%t For the CityCommission —�•••,�1 Bp- 10�� APPROVED AS TO __��,,°� •,...•••....,.-9����;ity ofL�mi Beach, Florida FORM 8c FORE EXECUTION t � , CLERK ,21V_ MS b ' INCORP ORATED i City Attorney 1 E.Gran City Clerk \(- 6- °c'` g <-73 t )1V• rill 0H o26;, CI k Date �II In A.% MIAMI-DADE COUNTY, FLORIDA By: for County Mayor MIAMI-DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS Stephen P. Clark Center 111 NW 1 Street Miami, Florida 33128 HARVEY RUVIN, CLER Attest: By: 77/R Deputy Clerk Date Approved by County Attorney as ` F•9:�... ®'•., s a; .'o IA to form and legal sufficiency. , � 'Cam Pn SB --0o . 8 m 914 a U % pie *4 6��C: CCS +'ti...,..„. ,„,..�� 3 of 3