Amendment No. 1 to the Agreement with the Sabrina Cohen Foundation, Inc. AMENDMENT NO. 1 TO THE
COLLABORATION, FUNDING AND MANAGEMENT AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH, FLORIDA
AND
THE SABRINA COHEN FOUNDATION, INC.
FOR AN ADAPTIVE RECREATION CENTER
This Amendment No. 1 (Amendment) to the Collaboration, Funding and Management
Agreement dated November 2, 2017 ("Agreement"), by and between the City of Miami
Beach ("City"), and the Sabrina Cohen Foundation, Inc. (the"Foundation"), is entered into
as of this 22. day ofd, 2019:
March
RECITALS
WHEREAS, on October 31, 2017, the Mayor and City Commission adopted
Resolution No. 2017-30082, approving and authorizing the Mayor and City Clerk to
execute the Agreement with the Foundation, for the Foundation to raise the funds and be
responsible for all of the expenses related to the City's design, development and
construction of an Adaptive Recreation Center("Center"), to be located within a portion of
the City's "P72" surface parking lot at 53rd Street and Collins Avenue (the "P72 Lot"); and
WHEREAS, the City would be the owner of the Center, which would be used for the
primary purpose of providing the general public and specifically, persons living with
physical and cognitive disabilities, including seniors living with disabilities and able-bodied
individuals with temporary injuries, with an accessible access point to the beach and
related beach programming; and
WHEREAS, on July 2, 2018, pursuant to the Agreement's terms, the Mayor and City
Commission adopted Resolution No. 2018-30377, approving, in the City's proprietary
capacity, the Concept Plan for the Center, a copy of which is attached hereto and
incorporated by reference as Exhibit "A-1"; and
WHEREAS, the City and the Foundation desire to amend the Agreement and
accomplish the purposes outlined in this Amendment No. 1.
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 Consultant 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 amended (deleted items struGk
through and inserted items underlined) as follows:
a. Section 2.1 of the Agreement is hereby amended to read as follows:
The premises shallconsist of a footprint of approximately (but not more than ) 5,000
square feet of land located east of 5301 Collins Avenue, on a portion of the Property
described in Exhibit "A" attached hereto, and which shall contain a twe-story single
building with floorplates not to exceed 5,000 square feet of up to a maximum (but no more
than) 10,000 sq. ft. (excluding exterior balconies or walkways), with a maximum
(but not to exceed) height of twenty four(24)feet, measured from Base Flood Elevation +
5 feet to the roof of the building, in accordance with the City's Land Development
Regulations, and with the final precise location on the Property Center to be located on
the northeast corner of the Lot, as set forth in Exhibit "A-1" approved by the City
Commission in Resolution No. 2018-30377. e' • "."'e - , - 'e -e.-- - •- -
approval of, the City Commieion, as part of the design development procees outlined in
Section 6 of this Agreement(the approved location/site of the Center on the Property shall
hereinafter be referred to as the "Premises").
b. Section 6.3 is hereby amended to read as follows:
The design documents, including plans and specifications, for the Center, shall be
developed consistent with the approved Concept Plan. During the design development
period, the FOUNDATION agrees to provide City with input with respect to design
development. The City agrees to provide full consideration to the FOUNDATION's input,
particularly with respect to aspects of the design that may enhance the use of the Premises
for its intended accessibility-related purposes. All design documents, plans and
specifications shall be subject to City Manager's final approval, and all applicable
governmental requirements, including regulatory approval by the Historic Preservation
Design Review Board and agencies having jurisdiction over the Premises, in accordance
with the City's Land Development Regulations.
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.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
SABRINA COHEN FOUNDATION, INC.:
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Nr�re: I
► ' _ . Name:
Secr President
322
CITY OF MIAMI BEACH, FLORIDA:
ATTEST:
By: ./
Raf- -1 Gt.?'=do, City Clerk Dan Gelber, Mayor
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