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HomeMy WebLinkAboutExhibit SUBAMENDMENT #5 TO THE USE AGREEMENT FOR THE COCONUT GROVE EXPOSITION CENTER This Fifth Amendment ("Amendment #5") to the August 31, 2007 Use Agreement between the City of Miami, a municipal corporation of the State of Florida ("City"), and TVM Productions, Inc., a State of California for profit corporation ("User") is made and entered into this day of 2010. RECITALS A. On August 31, 2007 the City of Miami and TVM Productions, Inc. entered into a Use Agreement Contract (the "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. Amendments #2, #3, and #4, successively, extended the Use Period of the agreement to August 31, 2010. D. The continued success of the series has prompted the User to request an additional thirteen (13) months for filming, thus revising the Use period to commence September 1, 2010 through September 30, 2011, with a one (1) year renewal option at the discretion of the City Manager subject to City Commission approval. E. The basic Use Fee of the Facility, as provided for in Amendment #4, shall continue at $20,000 per month commencing September 1, 2010 through September 30, 2011. F. The $20,000 per month basic Use Fee shall be allocated for use solely to support the Coconut Grove Master Plan for waterfront improvements. 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 acluiowledged, 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 term of the Use Period as extended by Amendment #4 is hereby amended to expire September 30, 2011, with a one (1) year renewal option at the discretion of the City Manager subject to City Commission approval. 3. The basic Use Fee of $20,000 per month commencing September 1, 2010 through September 30, 2011, shall continue to be allocated for use solely to support the Coconut Grove Master Plan, for waterfront improvements. 4. Section 47 entitled "Utilities and Supplies" shall be amended as follows: The User shall be fully responsible for all utilities associated with the building, to include Florida Power and Light meter numbers RV7775H and RU9989H and Miami -Dade Water and Sewer meter numbers 40280925, 99400791, 99400794, 48210016, and 39615714. User agrees that upon the City's request, utility payments may be paid directly by User to Florida Power and Light and the Miami -Dade Water and Sewer Department. User shall be responsible for regular lawn service (twice monthly) and tree trimming (as required) for the facility. In addition, User shall be responsible for pest control services, fire alarm maintenance and monitoring, fire extinguisher servicing, and other reasonable customary building maintenance expenses as required by the City. User agrees that upon the City's request, these fees may be paid directly by User to the provider of the above services. All other terms and conditions remain in effect in accordance with the Agreement. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized, this the day and year above written. ATTEST: Priscilla A. Thompson, City Clerk APPROVED AS TO FORM AND CORRECTNESS: Julie O. Bru City Attorney WITNESS: "CITY" CITY OF MIAMI, a municipal Corporation By: Carlos A. Migoya, City Manager APPROVED AS TO INSURANCE REQUIREMENTS: , Director Risk Management "USER" TVM Productions, Inc., a State of California for profit corporation Signature: Title: CORPORATE RESOLUTION WHEREAS, TVM Productions, Inc., a State of California for profit corporation, desires to enter into Amendment #5 to the Use Agreement Contract ("the Agreement") with the City of Miami for use of the Coconut Grove Expo Center; WHEREAS, the Board of Directors of TVM Productions, Inc., has examined terns, conditions and obligations of the proposed Amendment #5 to the Agreement with 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 TVM PRODUCTIONS, INC. that the President is hereby authorized and instructed to enter into Amendment # 5 in the name of, and on behalf of this corporation, with the City of Miami for the use of the Coconut Grove Exposition Center for the purpose of Television and Commercial Filming, and activities related thereof, in accordance with the contract documents furnished by the City of Miami, and for the price and upon the terns and payments contained in the proposed Amendment #5, the Agreement and all prior amendments thereto, submitted by the City of Miami. IN WITNESS WHEREOF, this day of , 2010. WITNESS: USER: TVM Productions Inc., a State of California for profit corporation Signature: Title: 3 AMENDMENT #5 TO THE USE AGREEMENT FOR THE COCONUT GROVE EXPOSITION CENTER This Fifth\Amendment ("Amendment #5") to the August 31, 2007 Use Agreement between the City Miami, a municipal corporation of the State of Florida ("City"), and TVM Productions, lzie., State of California for profit corporation ("User") is made and entered into this =day of 2010, RECITALS A, On August 3\1, 2007 the City of Miami and TVM Productions, Inc. entered into a Use Agreement Contr t (the "Agreement") for the Coconut Grove Exposition Center for the purpose of Television a Il Commercial Filming, and activities related thereof. B. Amendment #1 wa executed to extend the initial Use Period beginning August 1, 2008 and said extension expired o November 28, 2008. C. Amendments 42, #3, ai d #4, successively, extended the Use Period of the agreement to August 31, 2010. D. The continued success of a series has prompted the User to request an additional thirteen (13) months for fihnin thus revising the Use period to commence September 1, 2010 through September 30, 201 with a one (1) year renewal option at the sole discretion of the City Manager, E. The basic Use Fee of the Facility,\as provided for in Amendment #4, shall continue at $20,000 per month commencing Septemb r 1, 2010 through September 30, 2011. F. The $20,000 per month basic Use Fee shbe allocated for use solely to support the Coconut Grove Master Plan, Phase Il, for waterfront improvements. NOW, THEREFORE, in consideration of the covdlants and agreements herein set forth and other good and lawful consideration, the receipt ansufficiency 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 inc rporated in this Agreement by reference, \ 2. The term of the Use Period as extended by Amendment #4 is her by ainended to expire September 30, 2011, with a one ('1) year renewal option at the sole discre 'on of the City Manager. 3. The basic Use Fee of $20,000 per month commencing September , 2010 through September 30, 2011, shall continue to be allocated for use solely to support the Coconut Grove U(�X �10-19iS Master Plan, Phase It, for waterfront 4. Section #7 entitled "Utilities and\Supplies" shall be amended as follows: The User shall be fully responsible f r all utilities associated with the building, to include Florida Power and Light m ter numbers RV7775H and RU9989H and Miami -Dade Water and Sewer meter umbers 40280925, 99400791, 99400794, 48210016, and 39615714. User agregs that upon the City's request, utility payments may be paid directly by User to Florida Power and Light and the Miami -Dade Water and Sewer Denartme�t. User shall be responsible for regular la service service (twice monthly) and tree trimming (as required) for the facility. In addition, User shall be responsible for pest control services, fire alarm maintenance, and monitoring, fire extinguisher servicing, and other reasonable customary b`iilding maintenance expenses as required by the City. User agrees that upon the''', ity's request, these fees may be paid directly by User to the provider of the above\services. 5. All other terms and conditions remain in effect in accordance with the Agreement. IN WITNESS WHEREOF, the parties hereto have ca �sed this instrument to be executed by their respective officials thereunto duly authorized, this the`day and year above written. ATTEST: Priscilla A. Thompson, City Clerk APPROVED AS TO FORM AND CORRECTNESS: Julie O. Bru City Attorney WITNESS: "CITY" CITY OF MIAMI, a mi. Corporation By: Carlos A. Migoya, City APPROVED AS TO IN REQ REM. TS: 67) irector Risk Management "USER" TVM Productions, Inc., a State of California for profit corporation Signature: Title: 2 CORPORATE RESOLUTION WHEREAS, TVM Productions, Inc., a Sete of California for profit corporation, desires to enter into Amendment #5 to the Use Agreement�ontract ("the Agreement") with the City of Miami for use of the Coconut Grove Expo Center; WHEREAS, the Board of Directors of TVM Productions, Inc., has examined terms, conditions and obligations of the proposed Amendment �5 to the Agreement with the City of Miami for use of the Coconut Grove Expo Center; and WHEREAS, the Board of Directors at a duly held co orate meeting have considered the matter in accordance with the by-laws of the corporation; NOW, THEREFORE, BE IT RESOLVED BY THE BO OF DIRECTORS OF TVM PRODUCTIONS, INC. that the President is hereby authorized an instructed to enter into Amendment # 5 in the name of, and on behalf of this corporation, with t, e City of Miami for the use of the Coconut Grove Exposition Center for the purpose of Televisi and Commercial Filming, and activities related thereof, in accordance with the contract docum i nts furnished by the City of Miami, and for the price and upon the terms and payments contained in the proposed Amendment #5, the Agreement and all prior amendments thereto, submitted by, the City of Miami, IN WITNESS WHEREOF, this day of , 2010. WITNESS: USER: TVM Productions Inc., a State of California for profit corporation Signature: Title: 3