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Amendment No.1 To Agreement between CMB & Sobe Cats Spay & Neuter, INC ----.-'a••-•••-•ter•- v-VYVJ-YJIJJ-.7GVJ-DUD CUUJJl MCA-. DocuSign Envelope ID: 1 F79C751-2F27-4D6A-92CE-2D595C05F3EE 32, 111 AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND SOBE CATS SPAY& NEUTER, INC. This Amendment No. 1 ("Amendment") to the Agreement, dated August 27, 2021 ("Agreement"), by and between the City of Miami Beach, Florida, a municipal corporation organized and existing under the laws of the State of Florida, having its principal place of business at 1700 Convention Center Drive, Miami Beach, Florida 33139("City"), and Sobe Cats Spay & Neuter, Inc, a Florida not for profit corporation, having its principal place of business at 8128 Collins Avenue, Miami Beach, FL 33141 ("Tenant"), is entered into this day of , 2024("Effective Date"): RECITALS WHEREAS,the City owns the building comprised of 2,440 square foot and 14,392 square feet of adjacent land, located at 8128 Collins Avenue ("Demised Premises"); and WHEREAS, on April 21, 2021, the Mayor and City Commission adopted Resolution No. 2021-31690 approving a lease agreement between the City and Tenant; and WHEREAS, on August 27, 2021, the City and Tenant entered into the Agreement for an initial term of three (3) years, commencing on April 1, 2021 and ending on March 30, 2024 with no additional renewal options; and WHEREAS, on March 27, 2023, Tenant communicated to the City their interest and request for an additional 3-year term extension of the existing Agreement; and WHEREAS, the Administration reviewed Tenant's request and recommended in favor of a new Lease Agreement; and WHEREAS,on July 28, 2023, the Mayor and City Commission adopted Resolution No. 2023-32714 approving a lease agreement between the City and Tenant; and WHEREAS, on August 9, 2023, the City and Tenant entered into a lease agreement for a period of three (3) years commencing on April 1, 2024 and ending on March 30, 2027. NOW THEREFORE, in consideration of the mutual promises and conditions contained herein, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the City and Tenant hereby agree to amend the Agreement as follows: -----a -••---•ter-- v-vw.,-t.wV-acuo-DVDC UUJD/HDI, DocuSign Envelope ID:1F79C751-2F27-4D6A-92CE-2D595C05F3EE 1. ABOVE RECITALS. The above recitals are true and correct and are incorporated as part of this Amendment. 2. MODIFICATIONS. The Agreement is hereby amended (deleted items struck through and inserted items underlined)as follows: (a) Section 8.1 of the Agreement is hereby amended to read as follows: The City agrees to make the following repairs and improvements ("Landlord Improvements") Landlord would be responsible for the installation of new hurricane impact windows; one(1)additional electrical outlet, drain, plumbing and ventilation as needed for a second set of wash by Tenant)updating of plumbing water line(s)for a new dishwasher(_dishwasher to be provided by Tenant); one(1)additional water supply and drain for a kitchen style wash sink(sink to be provided by Tenant)in the back room.These projects will be submitted for approval as a capital expenditure during the City's 2025/2026 budget process, in the amount not-to-exceed $120,000.00, and subject to budget approval, the City will use reasonable efforts to complete the repairs within the City's 2025/2026 fiscal year. 3. RATIFICATION. Except as amended herein, all other terms and conditions of the Agreement shall remain Unchanged and in full force and effect. In the event there is a conflict between the provisions of this Amendment and the Agreement, the provisions of this Amendment shall govern. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. .,v uv yn 1-nvcwNc CUUJJ//ADl, DocuSign Envelope ID:1F79C751-2F27-4D6A-92CE-2D595C05F3EE IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by their appropriate officials, as of the date first entered above. • FOR CITY: CITY OF MIAMI BEACH, FLORIDA ATTEST: DocuSigned by: By: Rafael E Wranado,City Clerk Alina T. Hudak, ity Manager 1/17/2024 I 2:31 PM EST Date • FOR TENANT: SOBE CATS SPAY& NEUTER, INC. ATTEST: By: O �=— Name President I I pfip, Linda T. Diamond 1/6/2024 c- Print K6me Print Name ►-4-7y Date APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION • 01)0'-112-, 7 ` City Attorney Date 3