Amendment No. 2 to the Agreement with Sabrina Cohen Foundation, Inc. 2- '319 - 3a
AMENDMENT NO. 2 TO THE
AGREEMENT BETWEEN
THE CITY OF MIAMI BEACH, FLORIDA
AND
THE SABRINA COHEN FOUNDATION, INC.
FOR AN ADAPTIVE RECREATION CENTER
This Amendment No. 2 (Amendment) to the Funding, Collaboration 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 L(o day of-ttly, 2019:
Aus tusk-
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 at a portion of the
City's "P72" surface parking lot at the 53rd Street and Collins Avenue (the"P72 Lot"); and
WHEREAS, the City would be the owner of the Center, which will 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, on January 16, 2019, the City Commission approved Amendment No.
1 via Resolution No. 2019-3067 updating certain technical references, consistent with
the Concept Plan approved by the City Commission on July 2, 2018 and applicable
provisions of the City Code; and
WHEREAS, the City and the Foundation desire to amend the Agreementand
accomplish the purposes outlined in this Amendment No. 2.
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 struck
through and inserted items underlined) as follows:
Section 7.1.b of the.Agreement is hereby amended as follows:
b. The FOUNDATION commits to the following fundraising schedule and
deadlines, based on the estimated budget of Project Costs for the Base Concept
Design:
(i) 25% of Project Costs raised (in cash, donation pledges and grant
commitments) within twelve (12)twenty-four(24) months following the
City Commission's approval of the Concept Plan;
(ii) 50% of Project Costs raised (in cash, donation pledges and grant
commitments) within twenty four (24) thirty-six (36) months following
the City Commission's approval of the Concept Plan;
(iii) 100% of Project Costs raised (in cash, donation pledges and grant
commitments) within thirty six (36) forty-eight (48) months following
the City Commission's approval of the Concept Plan.
3. RATIFICATION.
Exceptas 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 FO. NDATION INC.:
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Name: Name:
Secreta President
CITY OF MIAMI BEACH, FLORIDA:
ATTEST
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Rafael Gra ado, City Cler Dan Gelber, Mayor
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RESOLUTION NO. 2019-30922 •
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 2
TO THE COLLABORATION, FUNDING AND MANAGEMENT
• AGREEMENT BETWEEN THE CITY AND THE SABRINA COHEN
FOUNDATION, INC. FOR AN ADAPTIVE RECREATION CENTER,
WITH SUCH AMENDMENT NO. 2 EXTENDING THE FUNDRAISING
SCHEDULE AND DEADLINES IN SECTION 7.1.B OF THE
AGREEMENT BY TWELVE (12) MONTHS, IN ORDER TO PROVIDE
THE FOUNDATION WITH ADDITIONAL TIME TO RAISE DONATIONS
FOR THE DESIGN AND CONSTRUCTION OF THE ADAPTIVE
RECREATION CENTER.
WHEREAS, on October 31, 2017, the Mayor and City Commission adopted Resolution
No.2017-30082, approving'a Collaboration, Funding and Management Agreement("Agreement")
with the Sabrina Cohen Foundation, Inc. (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(the"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 Agreement provides that 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, and approved, in the City's proprietary
capacity, the Foundation's proposed Concept Plan for the Center; and
WHEREAS, on January 16,2019, the City Commission approved Amendment No. 1 via
Resolution No. 2019-30671 updating certain technical references, consistent with the Concept
Plan approved by the City Commission on July 2,2018 and applicable provisions of the City Code;
and
WHEREAS, the City and the Foundation desire to amend the Agreement, a copy of
which is attached to the Commission Memorandum accompanying this Resolution, to extend the
fundraising schedule and deadlines in Section 7.1.b by a period of twelve (12) months, in order
to provide the Foundation with additional time to raise the requisite donations for the design and
construction of the Adaptive Recreation Center.
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 and authorize the Mayor and City Clerk to execute Amendment No. 2 to the
Collaboration, Funding and Management Agreement between the City and the Sabrina Cohen
Foundation, Inc. for an Adaptive Recreation Center, with such Amendment No. 2 extending the
Fundraising Schedule and Deadlines in Section 7.1.b by twelve (12) months, in order to provide
the Foundation with additional time to raise donations for the design and construction of the
Adaptive Recreation Center.
PASSED and ADOPTED this .W day of 70 fr , 2019.
DAN GELBER, MAYOR
ATTEST:
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RAFA L E. GRANADO, CITY CLERK
APPROVED AS TO
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