First Amendment to use Agreement with The School Board of Miami-Dade County -)C)l �o - 29 (A)
FIRST AMENDMENT TO USE AGREEMENT BETWEEN CITY OF MIAMI BEACH
AND
THE SCHOOL BOARD OF MIAMI-DADE COUNTY
THIS FIRST AMENDMENT TO USE AGREEMENT (the "First Amendiftilik"i, 1 2022
made and entered into this day of , 2021, by and between
the CITY OF MIAMI BEACH, a municipal corporation of the State of Florida (hereinafter
called the "CITY") and THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA, a
political subdivision of the State of Florida (hereinafter called the "BOARD"). The
BOARD and CITY are sometimes referred to in this Agreement individually as "Party"
and collectively as the "Parties".
WITNESSETH:
WHEREAS, CITY and BOARD entered into that a Use Agreement, dated July
19, 2017 (the "Agreement") for LESSEE'S use of the City-owned Flamingo Park
Baseball Stadium for recreational programs, located at 1435 Michigan Avenue, Miami
Beach, Florida, and baseball softball fields, located at 131" Street and Meridian Avenue,
Miami Beach, Florida, by the students of Miami Beach Senior High School, located at
2231 Prairie Avenue, Miami Beach, Florida; and
WHEREAS, the current term of the Agreement will expire on December 31,
2021; and
WHEREAS, the BOARD at its meeting of December 14. 2016, authorized the
Superintendent to grant or deny all approvals required under the Agreement, including
placing the CITY in default, and renewing, extending, cancelling or terminating the
Agreement, in accordance with Board Action No. 118,569; and
WHEREAS, the Agreement provides that it may be extended by the City
Manager, at the City Manager's sole discretion, for an additional five (5) year term,
provided that the BOARD is not in default under this Agreement; and
WHEREAS, the Parties desire to extend the term of the Agreement for the period
of January 1, 2022 through December 31, 2026.
NOW, THEREFORE, for and in consideration of the mutual covenants
hereinafter contained and other goods and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the Parties hereto agree as follows:
1. The foregoing recitals are true and correct and incorporated herein by
reference
2. The Agreement will be renewed for a five-year period commencing on
January 1, 2022, and ending on December 31, 2026;
3. Except as amended by this First Amendment, all other terms and conditions
of the Agreement shall remain unchanged and in full force and effect.
First Amendment to Use Agreement-City of Miami Beach/Flamingo Park Miami Beach SHS FINAL
WITNESSES AS TO BOARD BOARD:
• THE SCHOOL BOARD OF MIAMI-
DADE COUNTY, FLORIDA
Print y;
ame: Alberto M. Carvalho
` Superintendent of Schools
ll� Date:
Print
Namen,MIU Cm\-10 3
RECOMMENDED:
TO THE BOARD: APPROVED AS TO '`
RISK MANAGEMENT ISSUES: Raul F. Perez
Office of Risk and Benefits Management Chief Facilities Design & Construction
/ Digitally signed by Michael G. Officer
Fox Date: 2/2/2022
Oate:2022.02.03 08:l9:11-05'00'
Risk and Benefits Officer TO THE BOARD: APPROVED AS TO
Date: FORM AND LEGAL SUFFICIENCY:
TO THE BOARD: APPROVED AS TO
TREASURY MANAGEMENT ISSUES:
Office of Treasury Management School Board Attorney
MretaiiCOGti't Date: -1 2Di�
Treasurer
Date 2-3-2022
First Amendment to list Agreement-City ol'Monti ncnch/Fhnningo rink tMinmi lIea h SKIS FINAI,
IN WITNESS WHEREOF, the CITY and the BOARD have caused this Amendment
to be executed by their respective and duly authorized officers the day and year first
written above.
WITNESSES AS TO THE CITY: CITY:
CITY OF MIAMI BEACH
By: Pa
Print Name: Dan _elber
Nam : Title: Mayor
Date:
CA/WM.3T-
Print
Name: ---ATTEST:
City Cler FEB 1 1 2022
B,Egc, Date:
11RORP OP 1EO. , TO THE CITY: APPROVED AS TO
'ay::;.., •• FORM, LANGUAGE & FOR
t '26,.- EXECUTION:
B.9iakeTtvus
1/6- City Attorne (-d'
Date: 02.10ca'ZZ
First Amendment to Use Agreement-City of Miami Beach/Flamingo Park Miami Beach SHS FINAL