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Amendment No.1 to Liscense Agreement with The Greater Miami Hebrew Academy scanner ,-1 ' JAN 2 5 2023 xis • AMENDMENT NO. 1 TO LICENSE AGREEMENT FOR USE OF PARKING SPACES BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND THE GREATER MIAMI HEBREW ACADEMY This Amendment No. 1 (Amendment) to the License Agreement dated March 22, 2021 ("Agreement")for use of parking spaces 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 (the "City"), and the Greater Miami Hebrew Academy, a Florida non-for- profit organization (501C3) (herein referred to as the "Academy") having its principal offices at 2400 Pine Tree Drive, Miami Beach, Florida 33140, is entered into this day of , 2022. RECITALS DEC 0 6 2022 WHEREAS, on March 17, 2022, the Mayor and City Commission adopted Resolution No. 2021-31626, approving and authorizing the City Manager to execute a License Agreement between the City and the Academy for the use, by the Academy's students during the Academy's hours of operation, of six (6) on-street parking spaces located on the west side of the 2400 block of Pine.Tree Drive, while the Academy underwent renovations; said agreement commenced upon execution by all parties and expired on February 28, 2022, and was subject to extension, at the City's option, for an additional period of up to six(6)months; and WHEREAS, on March 22, 2021, the City and the Academy executed a License Agreement for use of parking spaces (the "Agreement"), which is set to expire on August 28, 2022; and WHEREAS, construction is still ongoing and the Academy wishes to continue to reserve six (6) on-street parking spaces, located on the west side of the 2400 block of Pine Tree Drive, adjacent to the Academy property (collectively, the "Licensed Parking Spaces"); and WHEREAS,the Academy has requested an extension of the term of the Agreement through the end of the new school year, expiring on May 31, 2023, under the same terms and conditions; and WHEREAS, on September 14, 2022, the Mayor and City Commission adopted Resolution No. 2022-32288, approving Amendment No. 1 to the Agreement; said Amendment approving the extension of the term, as more particularly set forth herein. 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 the Academy hereby agree as follows: 1 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: Paragraph 1. of the Agreement is hereby deleted in its entirety and replaced with the followings: 1. The City herebwagrees to make available, for use by the Academy, the Licensed Parking Spaces, for a term commencing on the date the parties execute the Agreement and expiring on May 31, 2023, unless terminated earner in accordance with paragraph 2(the "Term".) 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. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. 2 IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by their appropriate officials, as of the date first entered above. City of Miami Beach, Florida, Attest: a Florida municipal corporation ,-72\1 DEC 0 6 2022 By: Rate! E. Granado, City Clerk ma T. Hudak, City Manager Si nature =:g.'!`P PATRICK D. CAMM g i- rf y9 �- Print Name WlCORPfiORATED DEC 062022 ,5,..-,.... • STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was ackn__o4g�dged bef a me b means of �!physical presence or_online notarization, this p `'day of_ oNoVE , 2022, by Aline T. Hudak, as City Mana er, of the City of Miami Beach, Florida, on behalf of the corporation, who ✓ is personally known to me or has produced , as identification. Witness my signature and official seal this a day of 4-N4.4'1; 2022. i latai01 ,-C7--eidi--k Notary `:..•. St i+I FRFieltil @arge Notary Public -..., State of Florida Print .. ' 8392 is�.. Expires 9/26/2026 My Commission Expires: APPROVED AS TO FORM&r LANGUAGE R EXECUTION OrkaC 1 0 1 al Z2,- , City Attornry, I ' Date 3 • . '. ' sSes: ? (1_,,,,,,,,,,,_Th Greater Miami Hebrew Academy, a Florida non-for- r fit c mp ny iii ' . 1 rilf/43vere c ignature ri t ame ___ 6114C. ilkfifit PerfA al/44Kx? Print Name/Title i-IL_Ia,Q,A 0 144 illie_3V4- i'' Print Name STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me by means of physical presence or online notarization, this 02-0 day of Cc 44'..)-61-- , 2022, by /2ot c.1,7 e...1 ici e 1 r),6..,E4 9,Q,--, as died c iv,-ey go!?1-2,?A IP,r)s of the Greater Miami Hebrew Academy, a Florida not-for-profit company, on behalf of the corporation, who v./.. is personally known to me or has produced as identification. Witness my signature and official seal this ao day of Oa/064?-1,-,_ 2 ./- (. ,, •-•-•:)ef-c...,;',-c,,,c„-e°,6t:_< Marianela Arnenta Notary Public, StatiOf Florida at Large ',Citi.A *•:: NOTARY PUBLIC 11111 STATE OF FLORIDA A i Az-i-i--c.ce---).7 e i c,,,.' Comm*GC3311467 Print Name •nc,--:...,.. RcE o ' Expires 7/9/2023 My Commission Expires: 0-9/10 4 MIAMIBEACH .• v�. P u , n4ft,. Hebrew Academy Parking Parking t v Monica Beltran i � • John Woodruff b ri' yi %1►p ((/ z2 Type 1—Contract,amendment,change order,or task order resulting from a procurement-issued'competitive solicitation. Type 2—Other contract,amendment,change order,or task order not resulting from a procurement-issued competitive solicitation. Type 3—Independent Contractor Agreement(ICA) Type 6—Tenant Agreement Type 4—Grant agreements with the City as the recipient Type 7—Inter-governmental agency agreement Type 5—Grant agreements with the City as the grantor Type 8—Other: The Greater Miami Hebrew Academy undertook a significant construction project that was scheduled to last 18 months, eliminating parking at their middle school (west side of Pine tree Drive). The Academy reached out to the Parking Department to procure parking during the construction period to accommodate their students, faculty, and staff. During the construction period, the Academy requested the temporary use of 60 spaces in the new Collins Park Garage, in addition to six (6) on-street spaces in front of the school. The City and the Academy executed an agreement in March 2021. The Academy once again reached out to advise that the construction is still ongoing, and they would need the six (6) spaes through the end of the school year (May 31, 2023) and the attached Amendment No. 1 covers the extension. AmenA evr}' ( was cm3cokiecl Gomwtissio►\ 4 (OLA3h l ` 4 or 2022-3 -