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Agreement 9/28/1995 ~ AGREEMENT TIllS AGREEMENT is made and entered into as of the :2 <( day of September, 1995, by and between the City of Miami Beach (the "City"), and Greater Miami Convention and Visitors Bureau, Inc., a Florida not-for-profit corporation (the "Bureau"). WITNESSETH: WHEREAS, the Bureau currently received revenue ("Bureau Revenue") from the City ("City Revenue") pursuant to that certain Interlocal Agreement dated September 30, 1993, by and among the City, the Bureau, Dade County, the City of Miami, and the village ofBal Harbour (the "Interlocal Agreement"); and WHEREAS, the parties have agreed to certain matters in connection with City Revenue payable under the lnterlocal Agreement as herein set forth. NOW, THEREFORE, in consideration of the sum of ten dollars ($10) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, as well as in consideration of the mutual covenants and agreements contained herein, the parties, intending to be legally bound, hereby acknowledge and agree as follows: 1. Beginning October 1, 1995, the $125,000 revenue collection costs referred to in Section 2.01(b) of the Interloca1 Agreement shall be changed to be an amount equal to four percent (4%) of the gross revenues collected which shall be deducted prior to distribution of such Revenue. 2. The Bureau's Nominating Committee and leadership will continue its efforts to have representative membership from Miami Beach on Bureau Boards and Committees. 3. Upon the delivery to the Bureau of an office to be provided by the City in the Miami Beach Convention Center, the Bureau will staff such office during normal working hours with one (1) full-time person to provide, primarily, convention sales. 4. Bureau Revenue for purposes of the Interlocal Agreement shall not include the Bureau's share of the 1% additional bed tax approved by referendum that will go into effect upon the execution by the City of the Developer's Contract for the Loews Hotel project (the "Developer's Contract"), but Bureau Revenue shall include the 2% city wide resort tax revenue, whether generated by the Loews Hotel project, or otherwise, and any agreements or letters to the contrary are hereby cancelled. 5. To support the Loews Hotel project, in the event the City issues bonds for the Loews Hotel project ("Bonds"), the Bureau will make three (3) annual contributions of $900,000 each towards payment of City's required payments on the Bonds. Said payments shall be due and payable one (1) week prior to the dates on which the City is required to make its annual payments on the Bonds, the first of which is anticipated 1 . . ( to occur some time early in the calendar year 1996, The City shall provide a resolution and whatever other documentation is reasonably necessary to assist the Bureau in obtaining financing for said payments, including, without limitation, a certification that the City shaIl not terminate the Interlocal Agreement during the term of this Agreement. The obligation to make such payments shaIl not be effective unless and until the Developer's Contract is entered into, and such payments shall not be effective unless and until the Developer's Contract is entered into, and such payment obligation, and this Agreement in its entirety, shall cease and expire three (3) years after the date hereof, 6. The Bureau shall give strong consideration to properties made available by the City in deciding where to move the Bureau's offices in the future. IN WITNESS WHEREOF, the parties hereto have hereunto set their respective hands and seals as of the day and year first above written, Attest: BEACH Mayor FORM APPROVED BY LEGAL DEPARTMENT: a:!!f:::; ~ GREATER MIAMI CONVENTION AND VISITQ BUREAU, INC., a Florid 'n t-f1 profit corporation Merrett R. Stierheim President and Chief Executive Officer JGP:RJN:jh f\cmJr\$all:tomm-mem.9S\gmevb.1Il 2