Loading...
HomeMy WebLinkAboutATM Use Agreement ) 006 -2 ~(J~7 AUTOMATED TELLER MACHINE (ATM) USE AGREEMENT THIS USE AGREEMENT (hereinafter referred to as the "Agreement") is made by and between the DADE COUNTY FEDERAL CREDIT UNION (hereinafter referred to as the "User"), a federally chartered credit union whose principal address is1500 NW 107 Avenue, Miami, Florida 33172, and the CITY OF MIAMI BEACH (hereinafter referred to as the "City"), a Florida municipal corporation, having its principal office at 1700 Convention Center Drive, Miami Beach, Florida 33139. In consideration of the terms, covenants and conditions hereinafter set forth, City hereby authorizes User to use certain space in the City-owned premises, located at 775 1ih Street, Miami Beach, Florida, 33139, as identified in Exhibit A of this Agreement (Use Location), for the term of this Agreement, in accordance with the following terms and provisions. 1. Use. User shall use and occupy the Use Location for the sole purpose of installing, operating, and maintaining thereon, an automated teller machine (ATM) in accordance with the terms and provisions of this Agreement. 2. Term. The initial term of this Agreement shall be for a period of four (4) years and nine (9) months, commencing on the 1st day of May, 2006 (Commencement Date), and ending on the 31st day of January, 2011. 3. Renewal Option. Provided that the Tenant is not in default, the term of this Agreement shall automatically extend for one additional period of four (4) years and three hundred sixty four (364) days, and without the Landlord and/or Tenant being required to take any additional action to extend same. Notwithstanding the preceding sentence, this Agreement shall run concurrent with, and shall not be renewed and/or extended beyond, the term of that certain Lease Agreement, dated July 30, 2003, between the City of Miami Beach and the Miami Beach Federal Credit Union (Resolution No. 2003-25298), and as Amended and Assigned to the Dade County Federal Credit Union on January 11, 2006 (Resolution No. 2006-26087), attached as Exhibit 3, hereto. In the event the aforestated Lease Agreement is terminated or otherwise expires prior to the term stated therein, then this Use Agreement shall automatically terminate, and the City and User shall have no further obligation with regard to same, except for any and all monies that may be due and payable by User as of the date of termination and User's obligation to restore the ATM Location, as provided herein. 4. Installation and Operation of the ATM. 4.1 City herein allows User to install and operate an ATM; said ATM to be located on the easternmost side of the Leased Premises, and further such 1 specific location subject to the prior written approval of the City Manager or his designee, and to be specifically identified on Exhibit A to this Use Agreement. Any and all costs associated with the design, permitting and any required approvals, construction, and maintenance shall be at the sole cost and expense of the User. 4.2 User shall be solely responsible for obtaining all approvals from the City and any other regulatory agencies, including approvals by the City in its regulatory capacity. 4.3 User shall submit to City, acting in its proprietary capacity as owner of the property, plans and specifications for the ATM, to be submitted to the City Manager or his designee for his review and approval. 4.4 Following review and approval of the plans and specifications, User shall seek and obtain any and all necessary approvals and permits, including but not limited to, a building permit for construction of the proposed improvements within the Use Location including, without limitation, the ATM. 4.5 User shall not commence construction until all necessary permits and approvals for installation of the ATM are issued, and, following commencement shall thereafter continue to prosecute installation of the A TM with diligence and continuity to completion. 4.6 Complete installation of the A TM shall be completed no later than two (2) months from the issuance of a building permit for same. 4.7 User herein acknowledges, represents and warrants that any and all cost associated with the purchase and installation of the aforestated A TM shall be the sole responsibility of the User. 5. Maintenance and Service of the ATM. 5.1 User shall operate, maintain, service, and repair, as necessary, the A TM, and shall be solely responsible for any and all costs and expenses related to such operation, maintenance, service, and repair of the ATM. 5.2 User shall supply, install and replace, as necessary, paper for transaction receipts and printer ribbons, at its sole cost and expense. 5.3 User shall be responsible for providing, at its sole cost and expense, all necessary improvements, to install, operate and maintain the ATM. User shall pay before delinquency any and all charges for utilities used by, for, or on behalf of the activities contemplated herein, including but not limited to, electricity and telephone. 2 5.4 User shall be responsible for providing a dedicated leased data circuit. User, at its sole cost and expense, shall be responsible for all costs, including but not limited to installation, maintenance and monthly charges relating to the leased data circuit. 5.5 User shall provide support to the City, its employees, and its customers, by providing a dedicated phone line, which shall be reached by dialing the following number 305-593-3333. 5.6 Cash and cash loading services will be performed by the User, and/or by the party designated in Exhibit 5.6. Any changes to said party designation shall only occur with the prior written consent of the City. 5.7 User shall handle customer complaints, Reg E claims, and any and all other related operational issues as they arise and in a timely manner. 6. Title/Insurance/I ndemnification. 6.1 The ATM shall remain the property of User. Notwithstanding the preceding sentence, in no event shall City be responsible or liable for any damage, destruction, or theft to all or a portion of the ATM, nor be responsible for any stolen or damaged personal property of any patrons, guests, invitees, and/or any other third parties utilizing the ATM. User shall indemnify and hold harmless the City. 6.2 Insurance. User shall maintain, at its sole cost and expense, the following types of insurance coverage at all times throughout the term of this Agreement. (i) Comprehensive General Liability in the minimum amount of One Million Dollars ($1,000,000) per occurrence for bodily injury and property damage. This policy must also contain coverage for premises operations, products and contractual liability. (ii) Workers Compensation Insurance shall be required under the Laws of the State of Florida. The policies of insurance referred to above shall not be subject to cancellation or changing coverage except upon at least thirty (30) days prior written notice to the City, and then only subject to the prior written approval of the City Manager or his designee. Prior to the Commencement Date of this Agreement, User shall provide City with a Certificate of Insurance for each such policy. ALL POLICIES SHALL NAME THE CITY OF MIAMI BEACH AS AN ADDITIONAL NAMED INSURED. All such policies shall be obtained from companies authorized to do business in the State of Florida with an AM. Best's Insurance Guide (latest edition) rating acceptable to the City's Risk Manager, and any replacement or substitute 3 company shall also be subject to the approval of the City's Risk Manager. Should User fail to obtain, maintain or renew the policies of insurance referred to above, in the required amounts, the City may, at its sole discretion, obtain such insurance, and any sums expended by City in obtaining said insurance, shall be repaid by User to City, plus ten percent (10%) of the amount of premiums paid to compensate City for its administrative costs. If User fails to repay City's expenditures within fifteen (15) days of demand, the total sum owed shall accrue interest at the rate of twelve percent (12%) until paid and such failure shall be deemed an event of default hereunder. 6.3 Indemnification. User agrees to indemnify and hold harmless the City of Miami Beach, its officers, employees and agents, from and against any and all actions, claims, liabilities, losses, and expenses, including, but not limited to, attorneys' fees, for personal, economic or bodily injury, wrongful death, loss of or damage to property, at law or in equity, which may arise or be alleged to have arisen from the negligent acts, errors, omissions or other wrongful conduct of the User, its employees, agents, officers, patrons, guests, invitees, or any other person or entity acting under User's control, in connection with this Agreement; and to that extent, the User shall pay all such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses, and shall pay all costs and attorneys' fees expended by the City in the defense of such claims and losses, including appeals. This Subsection 6.3 shall survive the termination or expiration of this Agreement. Subsection 6.3 shall not apply, however, to any liability that arises as a result of the willful misconduct or gross negligence of the City, its agents, servants or employees. 7. Taxes and Liens. User shall at all times keep the A TM free of all liens and encumbrances that may be imposed by anyone on the ATM and/or the ATM Location. User agrees to and shall pay before delinquency all taxes and assessments of any kind assessed or levied upon User by reason of this Agreement or by reason of the activities of User under this Agreement. User shall also pay for any fees imposed by law for licenses or permits for any business or activities of User under this Agreement. If ad valorem taxes should be assessed by the Miami-Dade County Tax Appraiser, User shall be solely responsible for payment of same. 8. Payment ObliQations. City and User agree to divide surcharge fees during the term of this Agreement, as set forth in Exhibit 8.1. 4 8.1 If permitted by law and by network regulations, User will surcharge its clients (Le. non-members) a convenience fee on a per transaction basis, as shown in Exhibit 8.1. 8.2 User shall monitor the A TM on a daily basis. 8.3 User shall provide City with an Executive Monthly Report showing all A TM activity for the month and shall ensure that accurate settlements are deposited to the City, monthly. 8.4 User shall pay any amount due to City by the 30th day of the following month. 9. Termination for Convenience. Notwithstanding any other provision of this Agreement, the City may, at its sole discretion, and for its convenience and without cause, terminate this Agreement at any time during the term hereof, without any penalty or liability to City, by giving written notice to User of such termination, which shall become effective thirty (30) days following receipt by the User of the written termination notice. 10. User's Rioht to Terminate. User may terminate this Agreement at any time if the A TM fails to break even or produce a profit for User, without any penalty or liability to User (other than fees owed to City under this Agreement) by giving City written notice at least thirty (30) days prior to such termination. 11. Surrender of ATM Location. At the expiration of this Agreement, or in the event of a termination, or in the event this Agreement is otherwise declared null and void and of no further force or effect, User shall surrender the A TM Location in the same condition as said Location was prior to the commencement of this Agreement, reasonable wear and tear excepted. User shall restore the A TM Location to a satisfactory condition, as shall be determined solely by the City in its reasonable discretion and judgment. User's obligation to observe or perform this covenant shall survive the expiration or other termination of this Agreement. Continued occupancy of the A TM Location after termination of the Agreement shall constitute trespass by the User, and may be prosecuted as such. In addition, the User shall pay to the City One Thousand ($1,000) Dollars per day as liquidated damages for such trespass and holding over. 12. Entire Aoreement. This Agreement and the exhibits attached hereto constitute the entire Agreement between User and City with respect to the subject matter hereof and shall supersede all previous negotiations, commitments and writings. This Agreement may not be modified in any manner except by an instrument in writing signed by a duly authorized officer or representative of both User and City. 5 13. Notices. All notices from the City to the User shall be deemed duly served upon receipt, if mailed by registered or certified mail with a return receipt, or hand delivered, to the User at the following address: VP of Asset Management Dade County Federal Credit Union 1500 NW 107 Avenue Miami, FL 33172 All notices from the User to the City shall be deemed duly served upon receipt, if mailed by registered or certified mail return receipt requested, or hand delivered, to the City at the following addresses: City Manager City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 With copy to: City Attorney City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 User and City may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 14. Bindino Effect: Successors and Assionments. This Agreement is binding on the Parties and their respective successors and assigns. User may not assign this Agreement without the prior written consent of City. 15. Relationship of the Parties. It is expressly understood and acknowledged that it is not the intention or purpose of this Agreement to create, nor shall the same be construed as creating, any type of partnership, relationship or joint venture. 16. Governino Law and Exclusive Venue. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida, both substantive and remedial, without regard to principles of conflict of laws. The exclusive venue for any litigation arising out of this Agreement shall be Miami-Dade County, Florida, if in State Court, and the U.S. District Court, Southern District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, CITY AND USER EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. 6 17. Laws. 17.1 Compliance. User shall comply with all applicable City, County, State, and Federal ordinances, statutes, rules and regulations, including but not limited to all applicable environmental City, County, State, and Federal ordinances, statutes, rules and regulations. 17.2 Equal Employment Opportunity. Neither User nor any affiliate of User performing services hereunder, or pursuant hereto, will discriminate against any employee or applicant for employment because of race, creed, sex, color, national origin, sexual orientation, and disability, as defined in Title I of ADA User will take affirmative steps to utilize minorities and females in the work force and in correlative business enterprises. 17.3 No Discrimination. User agrees that there shall be no discrimination as to race, sex, sexual orientation, color, creed, national origin, familial status, religion or handicap, in its employment practice or in the operations referred to by this Agreement; and further, there shall be no discrimination regarding any use, service, maintenance, or operation within the area. All services offered within the area shall be made available to the public, subject to the right of the User and the City to establish and enforce rules and regulations to provide for the safety, orderly operation and security of the area. Pursuant to Sections 62-90 and 62-91, of Chapter 62, of the Miami Beach City Code entitled "Human Relations", User, by executing this Agreement, certifies that it does not discriminate in its membership or policies based on race, color, national origin, religion, sex, sexual orientation, familial status or handicap. 18. Miscellaneous. 18.1 No Partnership. Nothing contained in this Agreement shall constitute or be construed to be or create a partnership or joint venture between the User and City. 18.2 Modifications. This Agreement cannot be changed or modified except by agreement in writing executed by all parties hereto. 18.3 Headinos. The section, subsection and paragraph headings contained herein are for convenience of reference only and are not intended to define, limit, or describe the scope or intent of any provision of this Agreement. 7 18.4 Bindino Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. 18.5 Clauses. The illegality or invalidity of any term or any clause of this Agreement shall not affect the validity of the remainder of the Agreement, and the Agreement shall remain in full force and effect as if such illegal or invalid term or clause were not contained herein unless the elimination of such provision detrimentally reduces the consideration that either party is to receive under this Agreement or materially affects the continuing operation of this Agreement. 18.6 Severability. If any provision of this Agreement or any portion of such provision or the application thereof to any person or circumstance shall be held to be invalid or unenforceable, or shall become a violation of any local, State, or Federal laws, then the same as so applied shall no longer be a part of this Agreement but the remainder of the Agreement, such provisions and the application thereof to other persons or circumstances, shall not be affected thereby and this Agreement as so modified shall remain in full force and effect. 18.7 Rioht of Entrv. City, in response to emergency situations, said emergency situations to be determined in the City's sole and reasonable judgment and discretion, shall have the right to enter into and upon any and all parts of the. Use Location. 18.8 Sionaoe. Any signage posted by User on its facilities and equipment shall be subject to the prior approval of the City as to size, shape and placement of same. Any advertising, signage and postings shall be approved by the City, and shall be in accordance with all applicable Municipal, County, State and Federal laws and regulations. 18.9 No Waiver. No waiver of any covenant or condition of this Agreement by either party shall be deemed to imply or constitute a waiver in the future of the same covenant or condition or of any other covenant or condition of this Agreement. 18.10 No Third Party Beneficiarv. Nothing in this Agreement shall confer upon any person or entity, other than the parties hereto and their respective successors and permitted assigns, any rights or remedies by reason of this Agreement. 8 18.11 Attorneys' Fees. If it becomes necessary for User or City to enforce their respective rights under this Agreement or any part hereof through litigation, User and City agree that the prevailing party shall be entitled to recover from the other party all costs and expenses of such litigation, including a reasonable attorneys' fee and costs, for all trial and appellate proceedings. 19. Limitation of Liability. City desires to enter into this Agreement placing the operation and management of the area(s) in the hands of a private management entity only if so doing the City can place a limit on its liability for any cause of action for breach of this Agreement, so that its liability for any such breach never exceeds the sum of $10,000.00. User hereby expresses its willingness to enter into this Agreement with a $10,000.00 limitation on recovery for any action for breach of contract. Accordingly, and in consideration of the separate consideration of $10,000.00, the receipt of which is hereby acknowledged, the City shall not be liable to User for damages to User in an amount in excess of Ten Thousand ($10,000.00) Dollars, for any action 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 limitation placed upon the City's liability as set forth in Florida Statutes, Section 768.28. 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, indicating their agreement. ATTEST: ~rPtM-~ CITY OF MIAMI BEACH, FLORIDA Robert Parcher, CITY CLERK ATTEST: C6l"1ft,J( e~ (Print Name) NION F:\DDHP\$ALL\ASSET\777-17th Street\Credit Union\DCFCU ATM Agreement.FINAL.doc APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 9 Y~(6 EXHIBIT A (Use Location Site Plan) 11' g' 8'-&- 14' t- g' -J I 4'-8- 1 10' 9'-3]- 10 1'-11- -.a.- J' -T 9' 8' -10. 14' EXHIBIT 3 CONSENT TO ASSIGNMENT AND FIRST AMENDMENT TO LEASE AGREEMENT This Consent to Assignment and First Amendment to Lease Agreement is entered into this 11th day of January, 2006 by and among the CITY OF MIAMI BEACH, Florida, a municipal corporation whose address is 1700 Convention Center Drive, Miami Beach, Florida, 33139 (City and/or Landlord); Miami Beach Federal Credit Union, a federally chartered credit union, whose address is 775 17th Street, Miami Beach, Florida, 33139, as Tenant and Assignor of that certain Lease Agreement with the City, dated July 30,2003; and Dade County Federal Credit Union, a federally chartered credit union, whose principal address is 1500 N.W. 107 Avenue, Miami, Florida 33172, as the new Tenant and Assignee under said assignment as herein below consented to by the City. WITNESSETH: WHEREAS, the City has been leasing to Tenant/Assignor, Miami Beach Federal Credit Union, a portion of the City-owned property, located at 1701 Meridian Avenue, Miami Beach, Florida, for Tenant/Assignor's use as a federal credit union under the terms and conditions of that certain Lease Agreement, dated July 30,2003; and WHEREAS, the Tenant/Assignor, Miami Beach Federal Credit Union, and the new Tenant/Assignee, Dade County Federal Credit Union, have agreed to a merger of the two credit unions which has' been approved by the respective Boards of each credit union, the voting members of the Miami Beach Federal Credit Union, and by the National Credit Union Association; and WHEREAS, Tenant/Assignee has agreed to maintain a Miami Beach branch of the Dade County Federal Credit Union at the current Miami Beach Federal Credit Union location; and WHEREAS, the Board of the Miami Beach Federal Credit Union and the City are desirous of maintaining said Miami Beach Branch at its current location in order to best selVe the City employees; and WHEREAS, the merged credit union entities will now operate under the name of Dade County Federal Credit Union (as the new Tenant/Assignee), thus requiring that the Lease Agreement be assigned and amended to reflect the newly merged entity, the City's consent to the assignment, and the renegotiated terms of the Lease Agreement with the new Tenant/Assignee. NOW THEREFORE, the City, Tenant/Assignor, and the new Tenant/Assignee, for and in consideration of the mutual covenants, agreements and undertakings herein 11 contained, do by these presents mutually covenant and agree to assign and amend the Lease Agreement, as follows: 1. Landlord, City of Miami Beach, Florida, hereby consents to the assignment of the Lease Agreement, from Miami Beach Federal Credit Union (also referred to as Tenant/Assignor), to Dade County Federal Credit Union (also referred to as new Tenant/Assignee). Tenant/Assignor and new Tenant/Assignee hereby acknowledge and agree to said assignment, and Tenant/Assignee further agrees to be bound by the terms and conditions of the Lease Agreement, as amended by this Consent to Assignment and First Amendment to Lease Agreement; all as further evidenced by the parties' execution of the Consent to Assignment, attached hereto and incorporated herein as Exhibit A-1. 2. . Upon execution of the Consent to Assignment and First Amendment to Lease Agreement, and for purposes of interpreting the cumulative agreements (Le. the Lease Agreement, the First Amendment to Lease Agreement and the Consent to Assignment) the term "Tenant" and Tenant/Assignee shall be considered one and the same, and Dade County Federal Credit Union shall be deemed the new Tenant for purposes of the Lease. All references to Tenant, under the Lease, as amended, shall hereinafter be deemed to refer to Dade County Federal Credit Union. 3. Section 2, entitled ''Term'', (including Subsections 2.1 and 2.2), located on Page 1 of 18 of the Lease Agreement, is deleted in its entirety and replaced with the following new Section 2. 2. Term. 2.1 The Tenant shall be entitled to have and to hold the Demised Premises for a term of five (5) years. commencino on the 1 st day of February 2006 (Commencement Date). and ending on the 31st day of January 2011. 2.2 Provided that the Tenant is not in default. the term of this Lease Agreement shall automatically extend for one additional period of four (4) years and three hundred sixty four (364) days. and without the. Landlord and/or Tenant being required to take any additional action to extend same. 4. Subsection 3.1, entitled "Base Rent". located on Page 1 of 18 of the Lease Agreement, shall be deleted in its entirety and replaced with the following new Subsection 3.1: 3.1 Base Rent: Base Rent for the Demised Premises shall beoin to accrue on February 1, 2006 (the Commencement Date). and shall be based upon a total leasable space of 1350 square feet. 12 3.1.1 Base Rent for the Demised Premises shall total thirty- seven thousand eight hundred dollars ($37.800.00) per ve.ar. pavable inrnonmlyinstallments of three thousand one hundred fifty doUars($3,1.50.00l. 3.1 .2 Base .Rent shall be due and payable on the first day of each month throuahout the term herein. 5. The forth paragraph of Subsection 3.2.1, entitled "Operating Expenses", located on Page 2 of 18 of the Lease Agreement, shall be amended (deleted items struck through and inserted items underlined) as follows: Irrespective of the items listed above, amounts due to Landlord by Tonant, associated with Common Facilities Operating Expensos, 'l.'i11 be determined based on the items mere specifically desoribed in "Exhibit B", 'Nhich is horeby made a part of this Lease Agreement. Tenant agrees and understands that the costs incurred by the Landlord for Operating Expenses may increase or decrease, and as such the Tenant's pro-rata share of Operating Expenses shall increase or decrease accordingly. 6. Subsection 3.2.2, entitled "Property Taxes", located on Page 3 of 18 of the Lease Agreement, shall be amended (deleted items struck thfOt:Jgh and inserted items underlined) as follows (Note that this amendment is provided solely for clarification purposes as to the current rate for the 2005 Ad Valorem Real Estate Property Tax, as provided by Miami-Dade County, Florida): 3.2.2 Property Taxes: The Property Tax Payment shall be payable by Tenant, in accordance with Section 11. The Property Tax Payment for 20042005 is estimated at sevonty oight dollars and eighty seven oonts ($78.87) two hundred one dollars and seventy-four cents ($201.74) per month. 7. Subsection 3.3, located on Page 3 of 18 of the Lease Agreement shall be amended (deleted items st1'uok through and inserted items underlined) as follows: 3.3 Intentionally Omitted The Base Rent amount pursuant to this Section 3 shall be increased annuallv. on the anniversary of the Commencement Date of this Lease. as defined in Subsection 2.1. in increments of three (3%) percent per year. 13 8. Subsection 7.1, located on Page 4 of 18 of the Lease Agreement, shall be amended (deleted items strLJck through and inserted items underlined) as follows: 7.1 The Demised Premises shall be us~d by the Tenant solely as a federal c e. services to its members comprise ch employees. and current and future memrsnt Federal Credit Union. Said Premises shan. tie open' for business in accordance with Federal Law. Nothing herein contained shall be construed to authorize hours contrary to the laws governing such operations. 9. Section 27, entitled "Notices", located on Page 16 of 18 of the Lease Agreement, shall be amended, in part (deleted items struck through and inserted items underlined), to reflect the new Tenant's information as follows: TENANT: Credit Union Managor Miami BO::lOh Federal Credit Union 775 1 TR Street Miami Beach, Florida 33139 Director of Asset Management Dade County Federal Credit Union 1500N.W. 10th Avenue Miami, Florida 33172 With copies to: Sar-aga & Lipshy, P..^.. 201 NE 1&t Avenue Dolray Boach, Florida 33444 Attn: Brian Louis Lipshy, Esq. 10. Except as otherwise specifically amended herein, all other terms and conditions of the Lease Agreement by and between the Landlord and Tenant shall remain in full force and effect. In the event there is a conflict between the provisions provided herein and the Lease Agreement, the provisions of this Consent to Assignment and First Amendment to Lease Agreement shall govern. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 14 IN WITNESS WHEREOF, the Landlord, Tenant/Assignor and the new Tenant/Assignee have hereunto affixed their respective hands and seals at the place, and on the day and date first hereinabove written. Signed, sealed and delivered in the presence of: City Clerk Robert Parcher EACH, FLORIDA Attest: tMt rt1N~ Attest: Tenant/Assignor: Miami Beach Federal Credit Union ~ aJ14~ Credit Union Manager :5 tJ :5/J;.! ;./ It"- KtK.. S d ,,/ (Print Name) New Tenant/Assignee: Dade County Federal Credit Union ~.< , 1/ .'f secr;tary ,,~ /J ....) A cr;;; vrt.-L-. Ale C.P1- (Print Name) G Eoe0E- ~O'SEPH- (Print Name) F:\DDHP\$ALL \ASSE1\777-17th Street\Credit Union\ConsentToAssignment& 1 stAmendment. DOC APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 5 ~ 1~:t()6 15 CONSENT TO ASSIGNMENT of Lease Agreement dated July 30, 2003, as amended by that certain First Amendment to Lease dated January 11, 2006 This Assignment is being entered into on this day of 2006, by and between MIAMI BEACH FEDERAL CREDIT UNION ("Tenant/Assignor"), a federally chartered credit union and DADE COUNTY FEDERAL CREDIT UNION, a federally chartered credit union ("Tenant/Assignee") whose principal address is 1500 N.W. 107 Avenue, Miami, Florida 33172. WITNESSETH, that for valuable consideration in hand paid by the Tenant/Assignee to the Tenant/Assignor, receipt of which is hereby acknowledged, the Tenant/Assignor hereby assigns and transfers to the Tenant/Assignee and Tenant/Assignee hereby accepts, all of its right, title and interest in and to the following described agreements: Tenant/Assignor's rights under that certain Lease Agreement by and between the Miami Beach Federal Credit Union and the City of Miami Beach (City), dated July 30, 2003, for the Tenant/Assignor's lease of a portion of the City-owned property located at 1701 Meridian Avenue, Miami Beach, Florida (aJk/a Unit 775-1ih Street) encompassing one thousand three hundred and fifty square feet (1,350 sq. ft.) on the ground floor of said property. Provided, however, no warranties of any kind whatsoever are made incident to this Assignment. IN WITNESS WHEREOF, this Assignment on the d Date: ;/; L lib By: Attest: Ramon Duenas, Chairman Z~~- Date: 1/1 ~/O6' By: ant/Assignee) Date: I / s- /o&.. Attest: Date: I / ~'/c(P F:\DDHP\$ALL\ASSET\777 -17th Street\Credit Union\Consent to Assignmeni.doc 16 Exhibit 5.6 ~' 5607 Hiatus Road Suite 300 Tamarac. Florida 33321 4/0612006 Dade County Federal Credit Union C/O Marla Ferreira This letter is to verify that Diebold, Inc. bas been contracted by DCFCU to service their A TM located at 775 - 17tll Street Miami Beach, Fl. 33139. Diebold will handle servicing of the ATM. Diebold has contracted Loomis Fargo to perform cash and casb loading services. c~g~ ._~~He L~u~t Comnet 243-3408 Telephone - 954-718-3408 Fax - 954-718-3435 l!illi;gj!PlJif!1Q1ILJ;j,1!!! "Quality Is A Diebold TraditionW 17 Exhibit 8.1 User will surcharge the non Dade County Federal Credit Union Members a minimum of $2.95 per transaction and City shall receive $1.50 from each transaction from a non Dade County Federal Credit Union member. User shall pay any amount due to City as set forth in Section 8, entitled "Payment Obligations" of this Agreement. Should User increase its surcharge fee, at any time during the Term of this Agreement, for Dade County Federal Credit Union non-members, User agrees that City shall be entitled, and continue to receive, the same percentage of said surcharge during the Term of this Agreement, including any renewals and extensions thereof. For purposes of this Agreement, the City's percentage shall be set at fifty one (51%) percent and City shall receive said percentage of any surcharge fees collected pursuant to this Agreement. 18