Amendment No.1 To Agreement between CMB & Sobe Cats Spay & Neuter, INC ----.-'a••-•••-•ter•- v-VYVJ-YJIJJ-.7GVJ-DUD CUUJJl MCA-.
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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:
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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.
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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
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7 ` City Attorney Date
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