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93-20868 Reso RESOLUTION NO. 93-20868 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO THE LEASE AGREEMENT WITH MIAMI BEACH POLICE ATHLETIC LEAGUE, INC. RATIFYING AND RENEWING THE LEASE AGREEMENT DATED OCTOBER 19, 1977, COMMENCING ON JULY 28, 1993, AND ENDING ON JUNE 30, 1996. WHEREAS, the City of Miami Beach entered into a Lease Agreement with the Miami Beach Police Athletic League, Inc. , for use of a parcel of land on Flamingo Park for the benefit of the youth of the community and to enable our youth to participate in healthful sport and recreational activity, for a term of five (5) years, as authorized by Resolution No. 73-13924, passed and adopted on February 21, 1973 , and for a term of ten (10) years as authorized by Resolution No. 77-15471A, passed and adopted on October 19, 1977; and, WHEREAS, the said Lease Agreement expired on February 21, 1988, and the Miami Beach Police Athletic League, Inc. , has requested a ratification and renewal of said Agreement for a period of three (3) years commencing on July 28, 1993; and, WHEREAS, an appropriate Amendment to Lease Agreement, attached hereto as Exhibit A, has been prepared by the City Manager, the terms and provisions of which are familiar to the Mayor and City Commission; and, WHEREAS, the Mayor and City Commission finds that it is in the best interest of the City to enter into said Amendment to Lease Agreement; and, WHEREAS, the Miami Beach Police Athletic League will maintain said premises and pay all utilities provided through the terms of the Lease Agreement; and, WHEREAS, the City of Miami Beach reserves, at its sole right and discretion, to audit the financial documents relating to any program which the Police Athletic League and City participate. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk are authorized to execute an Amendment to Lease Agreement between the City of Miami Beach and the Miami Beach Police Athletic League, Inc. , dated October 19, 1977 and commencing on July 28, 1993, for a period of three (3) years so that the same will expire on June 30, 1996. PASSED AND ADOPTED this 28th day of ' uly, 1993 . AOI . &IIIAl VICE-MAYOR Attest: FORM APB �D LEG D By Oz!/ / Date • CITY - OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010 FAX: (305) 673-7782 COMMISSION MEMORANDUM NO. 437-93 TO: Mayor Seymour Gelber and DATE: July 28 , 1993 Members of the City Commission FROM: Roger M. Cat n City Mana SUBJECT: AMENDMENT TO THE LEASE AGREEMENT WITH MIAMI BEACH POLICE ATHLETIC LEAGUE ADMINISTRATION RECOMMENDATION: The Administration recommends that the City of Miami Beach Commission approve the amendment to the Lease Agreement with the Miami Beach Police Athletic League. BACKGROUND: The City of Miami Beach entered into a Lease Agreement with the Miami Beach Police Athletic League for a use of a parcel of land on Flamingo Park for the benefit of the youth of the community and to enable the youth to participate in healthful sport and recreational activity. The Lease Agreement was for a term of five (5) years as authorized by Resolution No. 73-13924 and adopted on February 21, 1973, and for a term of ten (10) years as authorized by Resolution No. 77-15471A, passed and adopted on October 19, 1977. The said Lease Agreement expired on February 21, 1988, , and the Miami Beach Police Athletic League has requested a ratification and renewal of said Agreement for a period of three (3) years commencing on July 28, f993. Under said Lease Agreement, the Police Athletic League will be required to maintain the building and equipment contained within the premises. Additionally, the Police Athletic League will be responsible for all utilities provided to said premises during the Lease term. The City will reserve the right to audit the financial documents relating to any program which the Police Athletic League and the City participate in. ANALYSIS: The Administration believes that the amendment to the Lease Agreement is in the best interest of the City of Miami Beach and the Police Athletic ,League for the purposes outlined above. CONCLUSION: The City of Miami Beach Commission should approve the attached amendment to commence on July 28, 1993. RMC:MDB:ah Attachment • AGENDA . — ITEM DATE • AMENDMENT TO LEASE AGREEMENT This Amendment to Lease Agreement made and entered into this 28th day of July, 1993, by and between the City of Miami Beach, a Florida Municipal Corporation, hereinafter referred to as the "Lessor" which term includes its successors and assigns, and the MIAMI BEACH POLICE ATHLETIC LEAGUE, INC. , a Florida non-profit corporation, hereinafter referred to as the "Lessee", which term includes its successors and assigns, WHEREAS, the parties hereto entered into an Agreement for the use of a parcel of land in Flamingo Park (Premises) by the said Lessee for the benefit of the youth of the community and to enable our youth to participate in healthful sport and recreational activity, said Agreement being dated October 19, 1977; and, WHEREAS, said Agreement expired by its terms on February 21, 1988, and Lessee has continued to occupy the premises with the consent of the City on a month to month tenancy; and, WHEREAS, it is the intent and desire of the parties hereto that said Agreement be amended so as to provide for renewal and ratification of the October 19, 1977 Agreement by the parties, and to additionally provide for an extension thereto until June 30, 1996. NOW, THEREFORE, for and in consideration of the satisfactory performance of the mutual covenants herein contained and for other good and valuable considerations, the parties do hereby agree as follows: 1. The said Agreement dated October 19, 1977, (attached hereto as Exhibit A) is hereby ratified and renewed by the parties thereto and shall commence on July 28, 1993, and shall continue iri effect until the terms and conditions set forth herein for a term of three (3) years, and shall thereafter continue as a tenancy at will, which tenancy at will shall be terminable by either party upon ninety (90) days' written notice. 2. In addition to the terms and conditions of the October 19, 1977 Lease Agreement, the Lessee shall also maintain the building and equipment contained within the building during the said period of the lease, subject to inspections by City personnel to assure compliance. • 3 . The City reserves at its sole right and discretion to audit the financial documents relating to any program which the Police Athletic League and the City participate. 4. The Lessee shall be responsible for all utilities provided to said premises during the lease term. IN WITNESS WHEREOF, the Lessor has caused these presents to be signed in its corporate name by its proper duly authorized officers and its corporate seal to be hereunto affixed, and the Lessee has caused these presents to be signed in its corporate name by its proper duly authorized officers and its corporate seal to be hereunto affixed, the day and year first above written. CITY OF MI BEACH MAYOR Attest: (SEAL) 16-ULLNAk 4frANele•-- MIAMI BEACH POLICE ATHLETIC Witness: LEAGUE, INC. A-C9-at.La.-A101-6 /- ( L) FORM AFRO /ED LE OE By Date D.cf ‘3