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HomeMy WebLinkAboutPre-AmendmentAMENDMENT #4 TO THE USE AGREEMENT FOR THE COCONUT GROVE EXPOSITION CENTER This Fourth Amendment ("Amendment #4") 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 2009. 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 to the Agreement was executed to extend the initial Use Period beginning August 1, 2008 and said extension expired on November 28, 2008, C. Amendment #2 and #3, successively, extended the Use Period of the Agreement to August 31, 2009. D. The continued success of the series has prompted the User to request an additional extension for filming, thus revising the Use Period and stating a new expiration date of August 31, 2010. E. The basic Use Fee, as provided for in Amendment #3 shall continue at $20,000 per month through August 31, 2010. F. The $20,000 per month basic Use Fee shall be allocated for use solely to support the Coconut Grove Master Plan, Phase II, 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 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 extended by Amendment # 3, is hereby amended to expire August 31, 2010. 3. The $20,000 monthly basic Use Fee, as re -calculated in Amendment #3 is specifically allocated for use solely to support the Coconut Grove Master Plan, Phase II, for waterfront improvements. 4. 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, C qjerk WITNESS: APPROVED AS TO FORM AND CORRECTNESS: _. _ Julie 0. Bru City Attorney t jA "CITY" CITY Cf NBA AI, a municipal By: V"'-� .) Pedro G. Hernandez, City Manager "USER" TVM Productions, Inc., q_State of California for profit Title: APPROVED AS"TO LeeAnn Brehm, D Risk Management CORPORATE RESOLUTION WHEREAS, TVM Productions, Inc., a State of California for profit corporation, desires to enter into Amendment #4 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 terms, conditions and obligations of the proposed Amendment #4 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 #4 in the name of, and on behalf of this corporate, 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 terms and payments contained in the .proposed Amendment 44, the Agreement and all prior amendments thereto, submitted by the City of Miami. IN WITNESS WHEREOF, this L � day of T) "(X2009. USER: TVM Productions, Inc., a State of California for profit corporation Sign re: Title: WesT dent ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE (MM/OD/YY) D6(30/09 PRODUCER ARTHUR J. GALLAGHER & CO. OF NEW YORK, INC. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 444 MADISON AVE., NEW YORK, NY 10022 PH.212-981-2912 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR LICENSE #0864515 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, INSURERS AFFORDING COVERAGE NAIC # A INSURED INSURER A: DISCOVER PROPERTY & CASUALTY INS. CO. D001LOO144 06/30/09 INSURER B: FIDELITY & GUARANTY INSURANCE CO. GENERAL AGGREGATE $ 15,000,000 FOX ENTERTAINMENT GROUP, INC.. TWENTIETH CENTURY FOX INSURER C: NATIONAL UNION FIRE INSURANCE CO. X FILM CORPORATION. NEWS AMERICA, INC.. FOX TELEVISION STUDIOS. INC., AND THEIR SUBSIDIARIES AND DIVISIONS INSURER D: FIDELITY &GUARANTY INS. UNDERWRITERS P.O.BOX 900, BEVERLY HILLS, CA 90213 INSURER E: U.S. SPECIALTY INSURANCE CO. LAIMS MADE QOCCUR COVERAGES 2954 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOT WITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENTS WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MM/DD/YY) LIMITS A ENERALLIABILITY D001LOO144 06/30/09 06/30/10 GENERAL AGGREGATE $ 15,000,000 PRODUCTS-COMP/OPAGG $2,000,000 X OMMERCIALGENERAL LIABILITY LAIMS MADE QOCCUR PERSONAL & ADV INJURY $ 2,000,000 LIQUOR LIABILITY EACH OCCURRENCE $ 2,000,000 CONTRACTUAL LIABILITY DAMAGE TO RENTEDPREMISES(Fa occ,rmnce� $ 50,000 MED EXP (Any one Person) $ 10,000 A UTOMOBILE LIABILITY DOOlAO0370 06/30/09 06/30/10 COMBINED SINGLE LIMIT $ 2,000,000 BODILY INJURY X ANY AUTO ALL OWNED AUTOS SCHEDULEDAUTOS HIRED AUTOS '�- t^ T, 11 C `+ (Per Person) BODILY INJURY (Per Acddenl) PROPERTY DAMAGE X NON-OWNEOAUTOS PHYSICAL DAMAGE' /. •" �.4',\Y R , � U l fl,) COMPREHENSIVE DEDUCTIBLE $0.00 COLLISION DEDUCTIBLE $0.00 ARAGE LIABILITY AUTO ONLY - EA ACCIDENT OTHER THAN AUTO ONLY: ANY AUTO EACH ACCIDENT AGGREGATE CESS LIABILITY EACH OCCURRENCE $ 5,000,000 C X OCCUR F—] CLAIMS MADE UMBRELLA FORM 27471285 06/30/09 06/30/10 AGGREGATE $ 5,000'0 g ORKERS COMPENSATION ANO D001 W00448(AOS) 05/30/09 06/30/10 X STATUTORY LIMITS D A MPLOYERS' LIABILITY V PROPRIETORIPARTNER/EXECUTIVE FICERIMEMBER EXCLUDED] D001 VV00449( HI ) 0001 WO0450 (NJ,NV) D001 WO0451 (OR,WI) EACH ACCIDENT $2,000,000 DISEASE - POLICY LIMIT $ 2,000,000 DISEASE - EACH EMPLOYEE $ 2,000,000 g 1 yes. describe under SPECIAL PROVISIONS eww THER E PROPS/SETS/WARDROBE U-0911001212 03/01/2009 03/01/2010 5,000,000.00 E PROD - THIRD PARTY PROPERTY C U-09/7001212 03/01/2009 03/01/2010 5,000,000.00 E MISC. EQUIPMENT U409/7001212 03/01/2009 03/0112010 5,000,000.00 DESCRIPTION OF OPERATIONS 1 LOCATIONS /VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS CERTIFICATE HOLDER IS INCLUDED AS ADDITIONAL INSURED/LOSS PAYEE, AS THEIR INTEREST MAY APPEAR, AS RESPECTS LOCATION/PREMISES/VEHICLES AND EQUIPMENT LEASEWRENTED BY THE NAMED INSURED WHILE USED IN CONNECTION WITH THE PRODUCTION ENTITLED "BURN NOTICE" (SEASON 3). CFRTIFICATF HDL DFR CANCELLATION CITY OF MIAMI, MAYOR'S OFFICE OF FILM, ARTS & SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED ENTERTAINMENT BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL 2700 SOUTH BAYSHORE DRIVE MIAMI, FL 33133 ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25 (2001/08) ©ACORD CORPORATION 1988