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HomeMy WebLinkAboutExhibit 1 SUBAMENDMENT #6 TO THE USE AGREEMENT FOR THE COCONUT GROVE EXPOSITION CENTER This Sixth Amendment ("Amendment #6") 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 2011. 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, #4, and #5 successively, extended the Use Period of the agreement to September 30, 2011, 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 October 1, 2011 through October 31, 2012. E. The basic Use Fee of the Facility, as provided for in Amendment #5, shall continue at $20,000 per month commencing October 1, 2011 through October 31, 2012. F. $10,000 per month of the basic Use Fee collected on an annual basis shall be allocated for use to support the Coconut Grove Master Plan for waterfront improvements and $10,000 per month of the basic Use Fee collected on an annual basis shall be deposited into an appropriate General Fund Account. G. User shall be fully responsible for all utilities associated with the building, regular lawn service, tree trimming, pest control, fire alarm maintenance and monitoring, fire extinguisher servicing, and other building expenses as required by the City. 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 term of the Use Period as extended by Amendment #6 is hereby amended to expire VA-4 October 31, 2012. 3. $10,000 equaling 50% of the total Use Fee commencing October 1, 2011 through October 31, 2012, shall continue to be allocated for use solely to support the Coconut Grove Master Plan, for waterfront improvements with the remaining $10,000 of the total Use Fee collected on an annual basis to be deposited into an appropriate General Fund Account; 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. "CITY" ATTEST: CITY OF MIAMI, a municipal Corporation By: Priscilla A. Thompson, City Clerk Johnny Martinez, P.E., City Manager APPROVED AS TO FORM AND APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: Julie O. Bru City Attorney WITNESS: Calvin Ellis, Director Risk Management "USER" TVM Productions, Inc., a State of California for profit corporation Signature: Title: 2 CORPORATE RESOLUTION WHEREAS, TVM Productions, Inc., a State of California for profit corporation, desires to enter into Amendment #6 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 #6 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 # 6 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 terms and payments contained in the proposed Amendment #6, the Agreement and all prior amendments thereto, submitted by the City of Miami. IN WITNESS WHEREOF, this day of , 2011. WITNESS: USER: TVM Productions Inc., a State of California for profit corporation Signature: Title: 3 AMENDMENT #6 TO THE USE AGREEMENT FOR THE COCONUT GROVE EXPOSITION CENTER This. Sixth Amendment -("Amendment #6") to the August 31, 2007 U tr Agreement between the City of Miami, a municipal corporation of the State of Florida ("C. y"), and TVM Productions, Inc., a State of California for profit corporation ("User") is de and entered into this day of 2011. RECITALS A. On August 31, 2007 the City of Miami and TV. Productions, Inc. entered into a Use Agreement Contract (the "Agreement") for the Co •nut Grove Exposition Center for the purpose of Television and Commercial Filming, and a . ivities related thereof. B. Amendment 41 was executed to extend th- initial Use Period beginning August 1, 2008 and said extension expired on November 28, 20G 8. C. Amendments #2, 43, #4, and 45 su cessively, extended the Use Period of the agreement to September 30, 2011. D. The continued success of series has prompted the User to request an additional thirteen (13) months for Mining, 1 us revising the Use period to commence October 1, 2011 through October 31, 2012. E. The basic Use Fee of he Facility, as provided for in Amendment #5, shall' continue at $20,000 per month co ncing October 1, 2011 through October 31, 2012. F. The $20,000 pern bnth basic Use Fee shall be allocated for use solely to support the Coconut Grove Master Plan for waterfront improvements. G. User shall b , fully responsible for all utilities associated with the building, regular lawn service, tree t coming, pest control, fire alarm maintenance and monitoring, fire extinguisher servicing, an building expenses as required by the City. NOW, THERE,tFORE, in consideration of the covenants and agreements herein set forth and other good An d lawful consideration, the receipt and sufficiency 'of which is hereby acknowledged, the pities hereto, intending to be legally bound, agree as follows: 1. The foregoing recitals are true and comet and are hereby incorporated in this Agreement by reference. 2. The to of the Use Period as extended by Amendment 46 as hereby amended to expire October 31, 012. j�.x 7=t. loayr.s" 3, The basic Use Fee of $20,000 per month commencing October 1, 294 1 through October 31, 2012, shall continue 'to be allocated for use solely to support the Coco rJ t Grove Master Plan, for waterfront improvements. 4. All other terms and conditions remain in effect in accordance/(vith the Agreement. IN WITNESS WHEREOF, the parties hereto have cause9i this instrument to be executed by their respective officials thereunto duly authorized, this the iay and year above written. ATTEST: "CITY; CITY OF AMI, a municipal Corporation By: Priscilla A, Thompson, City Clerk Johnny Martinez, P,E., , City Manager APPROVED AS TO FORM. AND 'PROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: Julie O. Bru City Attorney WITNESS: Calvin Ellis, Director Risk Management "USER" TVM Productions, Inc:, a State of California for profit corporation Signature: Title: 2 CORPORATE RESOLUTION WHEREAS, TVM Productions, Inc., a State of California for profit c to enter into Amendment #6 to the Use Agreement Contract ("the Agree ant") with the City of Miami for use of the Coconut Grove Expo Center; WHEREAS, the Board of Directors of TVM Productio , Inc., has examined terms, conditions and obligations of the proposed Amendment #6 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 Id corporate meeting have considered the matter in accordance with the by-laws of the core ration; NOW, THEREFORE, BE IT RESOLVE BY THE BOARD OF DIRECTORS OF TVM PRODUCTIONS, INC. that the Presiden is hereby authorized and instructed to enter into Amendment # 6 in the name of, and on be if of this corporation, with the City of Miami for the use of the Coconut Grove Exposition enter for the purpose of Television and Commercial. Filming, and activities related thereof, ' accordance with the contract documents furnished by the City of Miami; and for the price d upon the terms and payments contained in the proposed Amendment #6, the Agreement d all prior amendments thereto, submitted by the City of Miami. IN WITNESS WHER1r'OF, this WITNESS: day of , 2011. USER: TVM Productions Inc., a State of California for profit corporation Signature: Title: oration, desires