On October 18, 2000, the Mayor and Commission approved a lease agreement with Miami-Dade County Public Schools (MDCPS) providing seventy-five (75) parking spaces for North Beach Elementary (NBE) faculty and staff at a discounted parking rate. At the time, NBE expanded their campus which led to the loss of their on-site parking for faculty and staff. The leased parking spaces have since been serving as replacement parking for faculty and staff of NBE. The lease agreement provided for the following:
· Twenty-four (24) dedicated parking spaces along 42nd Street at no charge; twenty four (24) dedicated parking spaces in the northern row of the surface lot on 42nd Street at a 50% of the monthly rate during peak season; and twenty-seven (27) parking spaces in the 42nd Street parking garage at 50% of the monthly rate during peak season.
· The term of the lease was five (5) years, with unlimited five (5) year extension options, upon the mutual consent of the parties and subject to review of the parking rates based on actual usage realized at the garage and surface parking lot.
On November 17, 2010, the Mayor and Commission approved Resolution No. 2010-27544 approving a five (5) year extension and the following amendments to the Use Agreement:
· The total number of parking spaces available to the NBE was reduced from 48 to 30 and consisted of 15 parking spaces along 42nd Street at no charge (pursuant to the lease agreement), and 15 dedicated parking spaces in the City’s surface parking lot on 42nd Street.
· The 15 spaces in the City’s surface parking lot on 42nd Street would be paid at the annual sum of $3,150 payable in twelve (12) equal monthly installments of $262.50.
· A new Article XXVI was added to read as follows: “Legal Fees and Court Costs - In the event of any litigation between the parties under this Agreement, each party shall be responsible for its own attorney’s fees and court costs through trials and appellate levels. The provisions of this paragraph shall survive the termination of this Agreement.
On December 9, 2015, the Mayor and Commission approved Resolution No. 2015-29207 approving the renewal of the Amended Use Agreement for another five (5) year term commencing on July 23, 2016 and ending on July 22, 2021. The City and the Board entered into that certain Renewal of Amended Use Agreement, dated April 14, 2016.
The Administration is seeking the approval of an additional five (5) year renewal commencing on July 23, 2021 and ending on June 22, 2026. and concurrent therewith, modify the Use Agreement to:
1) add language that allows for the relocation of the spaces from the 42nd Street lot (P63) to the 42nd Street Garage (G6) at no additional cost;
2) adjust the annual fee to $5,625.00 with represents 50% of the current rate of $75 per space for the 15 spaces in the lot over a period of 10 months, payable in 12 equal installments of $468.75;
3) update the No Discrimination provision;
4) add a Public Records Law provision; and
5) add an Inspector General Audit Rights provision.
The City Manager hereby recommends approving the Second Amendment to Use Agreement, incorporated herein by reference and attached to the Resolution as Exhibit “1”.