Amndmt 1 to Agmt w/ MB Film Society DRAFT /UP? /!o C7N 2Of0 27 S 33
AMENDMENT NO. 1
TO THAT CERTAIN LEASE AGREEMENT BETWEEN
CITY OF MIAMI BEACH, FLORIDA AND
MIAMI BEACH FILM SOCIETY, INC.
THIS AMENDMENT NO. 1 TO THE LEASE AGREEMENT made this 27 day of
October, 2010, and effective November 1, 2010 (the "Effective Date "), between the
CITY OF MIAMI BEACH, a municipal corporation of the State of Florida (hereinafter
called "City "), having its principal address at 1700 Convention Center Drive, Miami
Beach, Florida, 33139, and MIAMI BEACH FILM SOCIETY, INC., a Florida not -for-
profit corporation having its principal address at 1130 Washington Avenue, 1 Floor
South, Miami Beach, Florida 33139 (hereinafter called "Tenant ").
WITNESSETH
WHEREAS, on December 9, 2009, the Mayor and City Commission adopted
Resolution No. 2009 - 27282, approving a Lease Agreement between the City of Miami
Beach (City) and the Miami Beach Film Society, Inc. (Cinematheque) for use of
approximately 2,523 square feet of City -owned property, located at 1130 Washington
Avenue, 1 Floor South, Miami Beach, Florida; and
WHEREAS, the approved Lease Agreement was for an initial term of three
years, commencing on March 1, 2010, with two additional three year renewal terms at
the City's sole discretion; and
WHEREAS, the Lease Agreement provides the Cinematheque with a three
month rent abatement plus the application of half of the security deposit payment (equal
to one months rent) towards the first month's rent after completion of the improvements
to the Demised Premises; and
WHEREAS, the Cinematheque requested an amendment to its current Lease
Agreement to provide for an additional five month rent abatement period due to
unforeseen permitting delays which have resulted in the Cinematheque's inability to
complete the improvements within the time frame originally anticipated, a fifty percent
increase in build -out costs, and its inability to generate revenues; and
WHEREAS, on September 15, 2010, the Mayor and City Commission referred
the Cinematheque's request to the Finance and Citywide Projects Committee (F &CPC)
for discussion; and
WHEREAS, at its October 14, 2010 meeting, the F &CPC recommended
providing the Cinematheque with an additional five month rent abatement and also
recommended that the Lease Agreement be amended to reflect said abatement.
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NOW THEREFORE, in consideration of the premises and the mutual covenants
and conditions herein contained and other good and valuable consideration, the receipt
and adequacy of which are hereby conclusively acknowledged, it is agreed by the
parties hereto to amend the Lease Agreement, as follows:
1. Section 3, entitled "Rent" is amended as follows (deleted language struck
thr-eugh and inserted language underlined):
3. Rent.
Tenant's payment of Rent, as defined in this Section 3, shall commence
on June 1, 2010 (the "Rent Commencement Date ") and, thereafter, on
each first day of subsequent months.
In consideration of Tenant's request for additional time to complete its
build -out and commence generating revenue, City agrees to grant Tenant
a five (5) month Rent abatement whereby Tenant shall be not be required
to submit Rent payments for the months of November 2010 through, and
including, the month of March 2011. Upon expiration of the aforestated
five month Rent abatement period, and commencing in the month of May
2011, Tenant agrees and shall resume its payment of Rent as delineated
herein.
2. Except as amended hereby, the Lease Agreement remains in full force and effect
and is reconfirmed for all purposes.
3. This Amendment No. 1 to the Lease Agreement may be executed in counterparts
and facsimile signatures are as effective as an original signature and constitute
valid delivery thereof.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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I IN WITNESS WHEREOF, the parties hereto have caused their names to be
signed and their seals to be affixed, all as of the day and year first above written,
indicating their agreement.
Attest: CITY OF MIAMI BEACH, FLORIDA
- ' AAAJA-- . AT ,
Robert Parcher, CITY CLERK Matti Herrera Bower, MAYOR
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Attest: - MIAMI BEACH FIL I:OCIETY, INC.
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William ' ; `. , DIRECTOR Dan r eith Weekly, PRESI 1 NT
CORPORATE SEAL
(affix seal here)
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APPROVED AS TO
FORM & LANGUAGE
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