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93-20870 Reso Y • , - t , RESOLUTION NO. 93-20870 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE A CONCESSION AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND MIAMI DESIGN PRESERVATION LEAGUE, A NOT FOR PROFIT CORPORATION, FOR THE USE OF CONCESSION PREMISES LOCATED AT THE TENTH STREET AUDITORIUM ON TENTH STREET AND OCEAN DRIVE, MIAMI BEACH, FLORIDA WHEREAS, the Miami Design Preservation League, a not for profit corporation, desires to operate a concession on certain premises and facilities of the City located at the Tenth Street Auditorium on Tenth Street and Ocean Drive, Miami Beach, Florida, to be used as an Art Deco District Welcome Center and as a temporary office for the League; and WHEREAS, an appropriate Concession Agreement has been negotiated between the parties and has been recommended by the City Manager and approved as to legal form by the City Attorney, and is attached hereto as Exhibit "A" . NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and the City Clerk are hereby authorized to execute the Concession Agreement between the City of Miami Beach and Miami Design Preservation League, a not for profit corporation, at Tenth Street Auditorium on Tenth Street and Ocean Drive, Miami Beach Florida for use as an Art Deco District Welcome Center d as a temporary office for the Miami Design Prese ation Leagu . PASSED and ADOPTED this 28t day of u , 1993 . MAYOR ATTEST: E. CITY CLERK FORM AP OVER LEq PT. RJA:j m By 4F-a- �,�o^^. -e GJ Date c:\wp51\data\mdpl.res • 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. 2.13B -9 DATE: July 28 , 1993 TO: Mayor Seymour Gelber and Members of the City Commission FROM: Roger M. C,earAa/t City Manag SUBJECT: APPROVAL OF CONCESSION AGREEMENT WITH MIAMI DESIGN PRESERVATION LEAGUE (MDPL) FOR TEMPORARY USE OF SPACE IN THE 10TH STREET AUDITORIUM AND ALLOCATION OF $35,000 FROM RESORT TAXES ADMINISTRATION RECOMMENDATION: The Administration recommends that the Mayor and City Commission approve the attached concession agreement with MDPL to utilize space in the 10th Street Auditorium on a temporary basis. BACKGROUND: On April 8, 1993, the City Commission authorized the Administration to negotiate with MDPL for temporary use of space in the 10th Street Auditorium. This has been viewed as a positive and appropriate public use. ANALYSIS: The Administration has met with MDPL and negotiated the attached concession agreement. MDPL has obtained Design Review Board approval for the changes to the building exterior and has worked with Parks Administration to make sure both needs are accommodated. MDPL would be utilizing less than 1,500 square feet of space and the agreement is for a one year period and would be renewable for five (5) one-year periods at the sole discretion of the City of Miami Beach. FUNDING: The renovation will cost $35,000 and will be the responsibility of the concessionaire (MDPL) to contract out. MDPL is seeking $35, 000 of the $100, 000 committed during Fiscal- Year 1992/1993 for a South Beach/Deco District marketing program as accepted by the City Commission on October 8, 1992 . This was presented in the memorandum entitled, "Achieving a Convention Headquarters Hotel (s) . " The Welcome Center is a logical use for these funds. CONCLUSION: The City Commission should approve the attached Concession Agreement and allocate the necessary funding for the MDPL Welcome Center. RMC:jph • 16 Attachment AGENDA R - ITEM -1- DATE 1-?- 13 CONCESSION AGREEMENT BETWEEN THE CITY OF MIAMI BEACH • AND MIAMI DESIGN PRESERVATION LEAGUE THIS AGREEMENT is made the 28th day of July, 1993 between the City of Miami Beach, a Municipal Corporation of the State of Florida (hereinafter called the "City") and MIAMI DESIGN PRESERVATION LEAGUE a non-profit Florida Corporation, P.O. Bin L, Miami Beach, Florida 33139 (hereinafter called the "Concessionaire") . WITNESSETH WHEREAS, the City Manager's Office is vested with jurisdiction over and control of all City parks in the City of Miami Beach and is responsible for the operation and maintenance of such facilities in the parks under its jurisdiction as may be necessary, desirable or convenient for the use of the public for healthful recreation, and WHEREAS, the Concessionaire desires to obtain from the City the privilege of operating a concession at the Tenth Street Auditorium located at Tenth Street and Ocean Drive in the City of Miami Beach, to provide public information, and sell retail goods and services as hereinafter described, and the City desires to enter into this Agreement with the Concessionaire for operation of said concessions, and WHEREAS, the Commission of the City of Miami Beach authorized this Concession Agreement by the adoption of Resolution No. 93- 20870 a copy of said Resolution is made a part hereof as if set forth in full herein: NOW THEREFORE, in consideration of the premises and the mutual covenants and conditions herein contained, it is agreed by the parties hereto as follows: 1. The City hereby grants to the Concessionaire, and the Concessionaire hereby accepts from the City, an Agreement to operate the following described concession to be located at the Tenth Street Auditorium located at Tenth Street and Ocean Drive in conformance with the purposes and for the period stated herein and subject to all the terms and conditions herein contained and fairly implied by the terms hereinafter set forth. 2 . TERM. This Agreement shall commence on the 1st day of January, 1994 and shall end on the 31st day of December, 1994 for a term of one (1) year. If Concessionaire, with the City's prior written consent, shall occupy the concession premises before the commencement of the term herein, all provisions of this Agreement shall be in full force and effect commencing upon the occupancy. At the expiration of the original term herein, provided Concessionaire is in good standing and free from default hereunder, and should the City not be required to otherwise commit or utilize the concession premises pursuant to the requirements of RFP No. 42-9293, the City is hereby given the option to renew and extend this Agreement for up to five (5) additional one year terms, under all of the terms and conditions contained in this Agreement. The City shall give the concessionaire written notice of its intention either not to extend the Agreement term or to utilize the concession premises pursuant to the requirements of RFP no less than ninety (90) days prior to the end of the Agreement term then in effect. Time is of the essence. Otherwise, renewal and extension of the term of this Agreement shall be automatic upon the expiration of each one year term. 3 . , FACILITIES. The City hereby provides to the concessionaire the following facilities and space: Concession Operation space located at Tenth Street Auditorium, Tenth Street and Ocean Drive, Miami 2 Beach, Florida, 33139; specifically comprising of a maximum of 759 square feet of space currently being used as a storage facility and as now specifically described in Exhibit "A" hereto, hereinafter referred to as concession premises, Concessionaire shall also be allowed use by its employees of the restroom facilities in the 10th Street Auditorium. The Concessionaire agrees to expend no less than $35, 000 in improvements to the assigned facility within six (6) months of execution of this Agreement. 4. USES. The Concessionaire is hereby authorized to conduct the following kinds of business and to provide the following services, and only such business and services, at the locations as set forth below: 5. ART DECO WELCOME CENTER housing the offices of the Miami Design Preservation League, and serving as a visitor center for tourists and newcomers to the Art Deco District. The Welcome Center shall also contain a gift shop with official Art Deco Weekend posters, t-shirts and a variety of Art Deco books, cards, and memorabilia, and other retail items, such merchandise to be stocked and sold at pursuant to the City's prior approval. 6. NOTICES. All notices from the City to the Concessionaire shall be deemed duly served if mailed by registered or certified mail to the Concessionaire at the following addresses: Miami :e- a Design Preservation League Attn: Executive Director c/o P.O. Bin L Miami Beach, Florida 33139 All notices from the Concessionaire to the City shall be deemed duly served if mailed to: The City Manager The City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 (with copies to the City Attorney's Office) 3 The Concessionaire and the City may change the above mailing address at anytime upon giving the other party written notification. All notices under this Concession Agreement must be in writing. 7. NOT A LEASE. It is expressly understood and agreed that no part, parcel, building, structure, equipment or space is leased to the Concessionaire; that he is a Concessionaire and not a Lessee; that the Concessionaire' s right to operate the concession shall continue only so long as the concession operation complies with the undertakings, provisions, agreements, stipulations and conditions of this Concession Agreement. 8. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a co-partnership between the City and the Concessionaire or to constitute the ' Concessionaire as an agent of the City. 9. MAINTENANCE. The City agrees to furnish to the Concessionaire the previously identified physical facilities and space. The City agrees to provide the assigned facilities in their "as is" condition except for necessary exterior maintenance on the facilities assigned to the Concessionaire as well as to maintain the below ground level connection • lines for water and sewer utilities. Exterior maintenance of the facilities does not include daily removal of concessionaire's litter in the immediate fifty (50) foot area of the concession facility which removal is the responsibility of the Concessionaire. Subject to the aforestated conditions, during the term hereof, Concessionaire, at Concessionaire's expense, shall, to the satisfaction of the City, keep and maintain the concession premises and all improvements thereon in good and sanitary order, condition and repair. 10. NON-EXCLUSIVE FOR SPECIAL EVENTS. The City reserves the right to allow other Concessionaires to operate in the 4 vicinity of the designated premises during special events as may be approved by the City Manager. During authorized special events, the Concessionaire will be allowed to have in operation his normal daily complement of equipment and staff except for Art Deco weekend when additional staff and operating hours will be permitted. Normal shall be defined as equipment and staff that the Concessionaire has available at the premises on a normal day, 365 days per year, Holidays excepted. Such equipment or staff shall not be increased or altered during special events without the prior express written permission of the City Manager. 11. EXECUTORY AS TO APPROPRIATIONS. The City's responsibilities which require annual appropriations are deemed executory only to the extent that funds are available for the purpose in question. 12 . ASSIGNMENT; SUBLET. The City may, by amendment to the Concession Agreement, authorize the Concessionaire to expand the services provided. To encourage continuity of successful operations, the City may give preference to the existing Concessionaire in the extension or renewal of this Agreement. The Concessionaire may not sublet or assign this Concession Agreement, or any part thereof, without prior written approval of the City, which approval shall be given, if at all, at the sole discretion of the City. In the event that Concessionaire ceases to be a not for profit corporation, this Agreement shall be automatically terminated 13 . USE OF THE BEACH IS PRIMARY. The park is for the use of the public for recreation and other public purposes and the public's right to such use shall not be infringed upon by any activity of the Concessionaire. 14. IMPROVEMENTS. The Concessionaire accepts the facilities and space provided in this Agreement in their present condition, and is responsible for all interior 5 modifications and maintenance, including entrance doors, windows and screens. The Concessionaire must first obtain the City' s approval for any alteration or additions or improvements to physical facilities and then must pay for such modifications, which become City assets upon completion. Detailed plans for concession improvements shall be submitted to and approved by the City within sixty (60) days following the signing of this Agreement. The Concessionaire must provide, install and maintain, at its own cost and expense, all equipment required to operate the concession. The Concessionaire shall have the right to use the City equipment, furnishings, and fixtures, if any, that may be presently used in conjunction with the operations. The Concessionaire shall maintain said equipment, furnishings, and fixtures, if there are any, during the term of this Agreement at its sole cost and expense. In the event any of the aforesaid items are lost, stolen, or damaged, they shall be replaced or repaired at the cost and expense of the Concessionaire, ordinary wear and tear excepted. Upon the expiration of the Agreement, the Concessionaire shall quietly and peacefully, redeliver all City owned equipment, furnishings and fixtures back to the City. 15. SECURITY. The Concessionaire shall provide any security measures which it may deem necessary to protect his area and his equipment, . materials and facilitates. Said security measures may not violate other restrictions of this Agreement. 16. PERMITS; LICENSES; TAXES. The Concessionaire agrees to obtain and pay for all permits and licenses necessary for the conduct of its business and agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Concessionaire. The Concessionaire shall also be solely responsible for 6 payment of any and all taxes levied on the concession operation. In addition, the Concessionaire shall comply with all rules, regulations and laws of the City of Miami Beach, Dade County, the State of Florida, or the U.S. Government now in force or hereafter to be adopted. 17. UTILITIES. The Concessionaire agrees to pay for its pro rata share of utilities used within the concession premises, including but not limited to electric, water, gas, telephone and garbage disposal. 18. SIGNAGE. Concessionaire shall provide, at his sole cost, required signs at all public approaches to his concessions. All advertising, signage and postings shall be approved by the City and shall be subject to all applicable planning and zoning requirements of the City. 19. TRASH AND GARBAGE REMOVAL. With respect to trash, rubbish and garbage removal, the Concessionaire shall provide at his expense receptacles within the confines of his area and shall provide a sufficient number of these receptacles for his own use and for the use of public within the concession premises. Dumping of receptacles and removal of trash, rubbish and garbage shall be the responsibility of the Concessionaire. 20. RENTAL. The Concessionaire shall pay to the City the rental sum of one dollar ($1.00) per year, as well as providing the following services and improvements currently estimated by the City and Concessionaire to be valued at thirty-five thousand dollars ($35, 000.00) and as more specifically set forth in Exhibit "A". Concessionaire anticipates that the improvements to the concession premises, as set forth in Exibit "A", shall be commenced on or before November 15, 1993, and completed ' within 60 days from the date therein. 21. FORCE MAJEURE. The performance of any act by Concessionaire or the City hereunder may be delayed or suspended at any time while, but only so long as, either 7 party is hindered in, or prevented from performance by acts of God, the elements of war, rebellion, strikes, lockouts or nay other cause beyond the reasonable control of such party; provided, however, that if the condition of force majeure exceeds a period of ninety (90) days, the City or Concessionaire may, at their option and discretion, cancel this Concession Agreement. 22 . COOPERATION. The Concessionaire agrees to cooperate with the City in the conduct of surveys, to provide reports of visitor contacts, and to respond to department inquiries about public usage of concession services. Further, the City agrees to provide the Concessionaire with advance notice of any special event and to coordinate with the Concessionaire regarding same. City also agrees to provide Concessionaire with notice of the availability of plans for any remodeling of the facilities. 23 . INSPECTION. The Concessionaire agrees that the concession facilities and premises may be inspected at anytime upon reasonable notice by authorized representatives of the City Manager or his designee or by any other state, county, or municipal officer or agency having responsibilities for inspections of such operations. The Concessionaire agrees to undertake immediately the correction of any deficiency cited by such inspectors on the concession premises. 24. WAIVER OF INTERFERENCE. The Concessionaire hereby waives all claims for compensation for loss or damage sustained by reasons of any interference with the concession operation by any public agency or official as a result of their enforcement of any laws or ordinances. Any such interference shall not relieve the Concessionaire from any obligation hereunder. 25. WAIVER OF LOSS FROM HAZARDS. The Concessionaire hereby expressly waives all claims against the City for loss or damage sustained by the Concessionaire resulting from 8 • fire, water, tornado, civil commotion or riot; and the Concessionaire hereby expressly waives all rights, claims, and demands and forever releases and discharges the people of the City of Miami beach, Florida, from all demands, claims, actions and causes of action arising from any of the aforesaid causes. 26. NO LIENS. Concessionaire agrees that it will not suffer or through its actions or anyone under its control or supervision, cause to be filed upon the property any lien or encumbrance of any kind. In the event any lien is filed, Concessionaire agrees to cause such lien to be discharged within ten (10) days therefrom, and in accordance with the applicable law and policy. If this is not accomplished, the City shall terminate this Agreement notwithstanding. any other provision of this Agreement. The Concessionaire agrees to provide at a minimum the authorized services to the public throughout the daily hours the park is open. Business hours shall be posted by the Concessionaire near the main entrance to the concession facilities. 27. ORDER OPERATION, ETC. The Concessionaire shall have a neat and orderly operation at all times and shall be solely responsible for the necessary housekeeping services to properly maintain the premises. There shall be no living quarters nor shall anyone be permitted to live on the premises. The Concessionaire shall make available upon reasonable notice all areas of the premises under his control for examination at anytime by the City Manager or his authorized representative. 28,. EMPLOYEES; MANAGERS; HOURS OF OPERATION. The Concessionaire and any persons employed by him, shall never have been convicted of any offense involving moral turpitude or felony. Failure to comply with this provision shall constitute a violation of this Agreement. The Concessionaire shall have an experienced manager or 9 managers overseeing the concession operations at all times. Any criminal activity on the premises shall result in automatic termination of this Agreement. During the term of the Agreement the Conceson sly be iI \ � 1 open and properly staffed from 9 a.m. top. '�. seven (7) days per week. 29. NO IMPROPER USE. The Concessionaire will not use, nor suffer or permit any person to use in any manner whatsoever, the assigned concession facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county, or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. The Concessionaire will protect, indemnify, and forever save and keep harmless the City and individual members thereof and their agents, from and against damage, penalty, fine, judgment, expense or charge suffered, imposed, assessed or incurred for any violation, or breach of any law, ordinance, rule, order or regulation occasioned by any act, neglect or omission of the Concessionaire or any employee, person or occupant while on the concession premises. In the event of any violation by the Concessionaire, the City shall have the right to suspend the operation of the concession should the Concessionaire fail to correct any such violation, conduct, or practice to the satisfaction of the City within twenty-four (24) hours after receiving notice of the nature and extent of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Concessionaire further agrees not to commence operation during the suspension until the violation has been corrected to the satisfaction of the City. 30. NO DANGEROUS MATERIALS. The Concessionaire agrees not to use or permit in the facility the storage of illuminating 10 oils, oil lamps, turpentine, benzine, naphtha, or other similar substances, or explosives or any kind, or any substance or thing prohibited in the standard policies of fire insurance companies in the State of Florida. 31. NO CLAIM AGAINST CITY OFFICERS, EMPLOYEES, INDIVIDUALS. It is expressly understood and agreed by and between the parties hereto that all individuals, employees officers and agents of the City are acting in a representative capacity and not for their own benefit; and that neither the Concessionaire nor any occupant shall have any claim against them or any of them as individuals in any event whatsoever in connection with any acts or duties which are reasonably related to the performance of their duties. 32. DEFAULT AND TERMINATION. If Concessionaire fails to perform in accordance with any of the terms and conditions of this Agreement, and such default is not cured within fifteen (15) days after written notice is given to Concessionaire, then ,the City shall have the right to immediately terminate this Agreement and re- enter the concession premises without notice or demand. At its option, the City may also pursue any and all legal remedies available to seek redress for such default; with the prevailing party paying all reasonable legal fees. 33. TERMINATION FOR CONVENIENCE. Should the City be required to commit or utilize the concession premises pursuant to the requirements of RFP No. 42-9293 , this Agreement may be terminated for convenience upon the furnishing of ninety (90) days written notice to the Concessionaire. Otherwise, with the exception of the foregoing provision, this Agreement may be terminated for the convenience of either party at any time during the term specified herein, upon the furnishing of six (6) months' written notice to the other party. 34. PRIVILEGE. It is the intent of the City, concurred in by 11 the Concessionaire, that this Agreement shall not, as against the City, vest any right in the Concessionaire; and shall be deemed only the grant of a privilege to the Concessionaire to carry out the terms of this Agreement on property of the City so long as such Agreement or privilege shall be in force. 35. NO DISCRIMINATION. The Concessionaire agrees that there shall be no discrimination as to race, sex, color, creed or national origin in the operations. referred to by this Concession Agreement; and further, there shall be no discrimination regarding any use, service, maintenance, or operation 'of the premises. All facilities located on the premises shall be made available to the public, subject to the fight of the Concessionaire to establish and enforce rules and regulations to provide for the safety, orderly operation and security of the facilities. 36. INDEMNIFICATION OF CITY; INSURANCE. The Concessionaire shall indemnify, defend and hold the City harmless form any and all claims, liability, losses, and causes of action which may arise out of the Concessionaire's operation under this Agreement and shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits, in the named of the City when applicable, /and shall pay all costs (including attorney fees) and judgments which may issue thereon. This indemnification shall not be limited in any way by the type or amount of insurance carried by the Concessionaire. The Concessionaire shall carry and maintain in full force and effect at all times during his operation on City property the following insurance coverages: a. Comprehensive General Liability in the minimum amount of Five Hundred Thousand ($500, 000) per occurrence for bodily injury and property damage. This policy must also contain coverage for premises operations, products and contractual liability. b. The City must be named as an additional insured on 12 • the policies required above. All Certificates of Insurance shall state: This insurance coverage is primary to all other coverages provided by the City of Miami Beach. c. Workers ' Compensation and Employers ' Liability to meet the statutory requirements of the State of Florida. d. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida and must have a rating of B+:VI or better per A.M. Best's Key Rating Guide, latest edition. e. The Concessionaire shall furnish original certificates of insurance, evidencing the required coverage, and receive approval of same, prior to the commencement of operations. f. Certificates of Insurance shall be approved by the City's Risk Manager and kept on file in the Finance Department, Insurance and Safety Division, Third Floor, City Hall. 37. CITY CONTROLS BEACH. Nothing in this contract will preclude the City from using the public areas of the beach for public and/or civic purposes as deemed necessary. 38. STORAGE. Concessionaire' agrees that there will be no overnight storage of any kind east of the "Dune Line. " 39. JURISDICTIONAL DISPUTES. Any jurisdictional disputes concerning the Concessionaire's rights under this Agreement versus other concessionaires rights under other agreements shall be resolved by the City Manager. 40. CITY WITHDRAWAL OF CITY PROPERTY. The City retains the right to withdraw all or any portion of the City property and the ,beach adjacent thereto from the terms and conditions of the Concession Agreement. The City shall give the Concessionaire ninety (90) days written notice in the event of such withdrawal. In the event the City withdraws all of the City property, the agreement automatically terminates. In the event the City withdraws less than all of the property, then the remaining property shall continue with the copse of this agreement and the City agrees to make a proportionate adjustment in the minimum rent, but not adjustment in the percentage rental shall be made. 13 41. FLORIDA LAW. This Agreement shall be governed by and construed in accordance with the law of the State of Florida. 42. LIMITATION OF LIABILITY The City desires to enter into this Agreement only if in so doing the City can place a limit on the City' s liability for any cause of action for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the sum of $35, 000. Concessionaire hereby expresses its willingness to enter into this Agreement with Concessionaire's recovery from the City for any damage action for breach of contract to be limited to a maximum amount of $35, 000. 00 less the amount of all funds actually paid by the City to Concessionaire pursuant to this Agreement. Accordingly, and notwithstanding any other term or condition of this Agreement, Concessionaire hereby agrees that the City shall not be liable to the Concessionaire for damages in an amount in excess of $35, 000. 00 which amount shall be reduced by the amount actually paid by the City to Concessionaire pursuant to this Agreement, for any action or claim for breach of contract arising out of the performance or non-performance of any obligations imposed upon the City by this Agreement. Nothing contained in this paragraph or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon City's liability as set forth in Florida Statutes, Section 768. 28 . 43 . ARBITRATION Any controversy or claim for money damages arising out of or relating to this Agreement, or the breach hereof, shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and the arbitration award• shall be final and binding upon the parties hereto 14 and subject to no appeal, and shall deal with the question of the costs of arbitration and all matter related thereto. In that regard, the parties shall mutually select an arbitrator, but to the extent the parties cannot agree upon the arbitrator, then the American Arbitration Association shall appoint one. Judgement upon the award rendered may be entered into any court having jurisdiction, or application maybe made to • such court for an order of enforcement. Any controversy or claim other than a controversy or claim for money damages arising out of or relating to this Agreement, or the breach thereof, including any controversy or claim relating to the right to specific performance shall be settled by litigation and not arbitration. IN WITNESS WHEREOF, the parties hereto have caused their names to be signed and their seals to be affixed; all as of the day and year first above written. C /OF MIAMI BEACH / OR v�l ATTEST: MIAMI 4"`=''." DESIGN PRESERVATION LEAGUE, e� BY: L �t�l �-� .� I e-mi 9�J CITY CLERK NAME AND TITLE (Printed) \\k I WIT S: SI ATURE ote.j/( aCl ,p4f�_C j ' f APPROVED•,AS TO FORM: --- 1 (CORPORATE SEAL) LEGAL DEPARTMENT jm\c:\wp51\data\10thaudc.agr 15