HomeMy WebLinkAboutExhibitMENWAIENT -3 TO THE USE AGREE'\1E--\-T FOR
THE COCONUT GROVE EXPOSITION CENTER
This Amendment (=3) is made and entered into this day of
2009, by and between TV)l Productions, Inc., a State of California for profit
corporation (the "User"), and The Cite of 'Miami, a municipal corporation of the
State of Florida (the "City").
RECITALS
A. On August 31, 2007 the City of Miami and TVM Productions, Inc.
entered into a Use Agreement Contract (the "Use Agreement") for the Coconut Grove
Exposition Center for the purpose of Television and Commercial Filming, and activities
related thereof.
B. Amendment #1 was executed to extend the initial Use Period beginning
August 1, 2008 and said extension expired on November 28, 2008.
C. The continued success of the series has prompted the User to request an
additional nine (9) months for filming, thus revising the Use Period and stating a new
expiration date of August 31, 2009.
D. The basic Use Fee of the Facility, as provided for in Paragraph 4 of the
Use Agreement, shall be $6,500 per month commencing November 29, 2008 through
January 31, 2009, increasing to $13,000 per month commencing February 1, 2009
through February 28, 2009, increasing to $20,000 per month commencing March 1,
2009 through August 31, 2009.
E. The deposit, as identified in Paragraph 6, shall be an additional $10,000,
commencing November 29, 2008 through August 31, 2009. Upon the expiration of this
agreement, the deposit shall be refunded upon the successful inspection of the facility
under the terms and conditions of Paragraph 9.
F. The City Manager has determined it to be in the best interest of the City
to extend the Use Period of the Use Agreement for an additional nine (9) months,
increase the Use Fee of the facility to $6,500 per month commencing November 29,
2008 through January 31, 2009, increasing to $13,000 per month commencing February
1, 2009 through February 28, 2009, increasing to $20,000 per month commencing
March 1, 2009 through August 31, 2009 and requesting an additional deposit of $10,000
to allow TVM Productions to film "Burn Notice", commencing November 29, 2008 with
a new expiration date of August 31, 2009.
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G. The City Manager has the option to ea :end the terms under this
�nendment =3 if fih-ning or production is intercepted due to a force majeure (e.g.
nuri cane and. or oilier weather r2iated conditions) and. or due to a job action (strike) bv
the Screen Actors Guild (SAG). resulting in lost production and days
H. The User shall complete all Television and Commercial rihrings. and
actiVities related thereto. by August 31. 2009. It is understood that the User shall have
complete access to the Main Hall. IA/est Hall, '�est Exl-.ibit, and -Mezzanine from
September 1, 2009 until September 30, 2009 for the purpose of dismantling, move out,
and clean up at no cost.
NOW, THEREFORE, in consideration of the covenants and agreements
herein set forth and other good and lawful consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties hereto, intending to be legally bound; agree as
follows:
1. The foregoing recitals are true and correct and are hereby incorporated in this
Agreement by reference.
2. The termination of the Use Period as provided for in Paragraph 3 of the Use
Agreement, as amended in Recital B of Amendment # 1, is hereby amended to expire
August 31, 2009.
3. The termination of the Use Fee amount as provided in Paragraph 4 of the
Agreement is hereby amended to be $6,500 per month commencing November 29, 2008
through January 31, 2009, increasing to $13,000 per month commencing February 1,
2009 through February 28, 2009, increasing to $20,000 per month commencing March
1, 2009 through August 31, 2009.
4. The additional Deposit as provided in Paragraph 5 of the Agreement shall be
$10,000 commencing November 29, 2008 through August 31, 2009.
5. All other terms and conditions remain in effect in accordance with the
Agreement.
(THE REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK.
SIGNATURES ON THE FOLLOWING PAGE)
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F\ WITNESS WHEREOF, the parties hereto have caused this instmuinent to be executed
by their respective oiiicials thereunto Culp authorized. this the dad' and v. -a-1 above
`'CITY"
ATTEST: CITY OF MLkML a municipal
Corporation
Priscilla A. Thompson, City Clerk
WITNESS:
APPROVED AS TO FORM AND
CORRECTNESS:
Julie O. Bra
City Attorney
By:
Pedro G. Hernandez, City Manager
"USER"
TVM Productions, Inc.,
a State of California for profit corporation
Signature:
Title:
APPROVED AS TO INSURANCE
REQUIREMENTS:
LeeAnn Brehm, Director
Risk Management
APPROVED AS TO DEPARTMENTAL REQUIREMENTS:
Daniel Newhoff, Assistant Director
Department of Public Facilities
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CORPOR.A.TE RESOLLTION
«�IEREAS. Inc. desires to enter into an
agreement «with the City of -Miami for use of the Coconut Grove Expo Center:
WHEREAS, the Board of Directors of . Inc..
has examined terms. conditions and obligations of the proposed contract `,ith the City of
Miami for use of the Coconut Grove Expo Center; and
WHEREAS, the Board of Directors at a duly held corporate meeting have
considered the matter in accordance with the by-laws of the corporation:
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS
OF , Inc., that the President is hereby authorized and
instructed to enter into a contract in the name of, and on behalf of this corporate, with
the City of Miami for the
in accordance with the
contract documents furnished by the City of Miami, and for the price and upon the terms
and payments contained in the proposed contract submitted by the City of Miami.
IN WITNESS WHEREOF, this day of , 2009.
WITNESS:
USER:
Signature:
Title: President
rd
, Inc., a State of
for profit corporation