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HomeMy WebLinkAboutBack-Up DocumentsAMENDMENT NO. 1 TO THE TOWER THEATER MANAGEMENT AGREEMENT This Amendment No. 1 (the "Amendment") to the Management Agreement (the "Agreement") is made this day of 2019, between the CITY OF MIAMI (the "Lessor" or "City") a municipal corporation of the State of Florida and THE DISTRICT BOARD OF TRUSTEES OF MIAMI DADE COLLEGE, a public educational institution and political subdivision of the State of Florida(the "Provider"). WHEREAS, the City is the owner of the Tower Theater located at 1508 SW 8th Street, Miami, Florida; and WHEREAS, the City and Provider entered into a Management Agreement dated January 15th, 2016, for the management and operation of the Tower Theater ("Theater"); and WHEREAS, the Provider has identified a need for the use of the parking lot adjacent to the Tower Theater, to better operate the Theater; and WHEREAS, the City and Provider wish to amend the Agreement, to incorporate the adjacent parking lot into the Agreement; and NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth and such other valuable consideration the parties covenant and agree as follows: 1. Section 1.1 Description of Property is amended in its entirety and replaced with the following: The City is the owner of the real property known as the Tower Theater, located at 1508 S.W. 8th Street, Miami Florida as more particularly described on the attached Exhibit "A". The City is also the owner of the real property adjacent to the Tower Theater located at 1501 S.W. 9th Street, Miami, Florida as more particularly described on the attached Exhibit "B". Exhibit "A" and Exhibit "B" combined make up the Property. The Provider is hereby permitted to use the Property including the improvements thereon for the specific purposes hereinafter described and subject to all of the terms and conditions contained herein. 2. The attached document titled Exhibit "A" is hereby added to the Agreement. 3. The attached document titled Exhibit "B" is hereby added to the Agreement. 4. Section 21.7 Cancellation by Request of Either of the Parties Without Cause is amended to add the following: In addition, the City may terminate the use of the parking lot depicted on Exhibit "B" by providing One Hundred Eighty (180) Days written notice to that effect. Except as specifically provided herein, all of the remaining terms and conditions of the Agreement shall remain in effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to the Lease on the day and year first above written. PROVIDER: THE DISTRICT BOARD OF TRUSTEES OF MIAMI DADE COLLEGE, a public educational institution and political subdivision of the State of Florida By: Lenore P. Rodicio, Ph.D. Executive Vice President and Provost Attest: By: Approved as to Legal Form and for Legal Sufficiency Signature By: Name and Title Javier A. Ley -Soto, Esq., College Attorney LESSOR: CITY OF MIAMI, a municipal corporation of the State of Florida By: Emilio T. Gonzalez, Ph.D., City Manager Attest: By: Todd B. Hannon, City Clerk APPROVED AS TO LEGAL FORM AND CORRECTNESS By: Victoria Mendez, City Attorney APPROVED AS TO INSURANCE REQUIREMENTS By: Ann Marie Sharpe, Director Risk Management Depailanent EXHIBIT "A" Lot 5 and North 37.2 feet of Lot 6 in Block 2 of Amended Map of Shenandoah, according to the Plat thereof, as recorded in Plat Book 8, Page 90, of the Public Records of Miami -Dade County, Florida. Folio: 01-4110-063-0230 - 1508 S.W. 8th Street, Miami, Florida EXHIBIT "B" The South 80 Feet AND 4 Inches of Lot 6, Block 2, of Amended Map of Shenandoah, according to the Plat thereof, as recorded in Plat Book 8, at Page 90, of the Public Records of Miami -Dade County, Florida Folio: 01-4110-063-0240 - 1501 S.W. 9th Street, Miami, Florida