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Amendment No. 1 to the Agreement with The Market Company Inc. °!y n-.7 M. MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov Jimmy L. Morales, City Manager Tel: 305-673-7010, Fax: 305-673-7782 November 13, 2014 Mrs. Claire Tomlin, President The Market Company, Inc. 238 E. San Marino Drive Miami Beach, FL 33139 Re:AMENDMENT NO. 1 TO THE CONCESSION AGREEMENT FOR THE MANAGEMENT AND OPERATION OF THE COLLINS PARK STREET MARKET ("AGREEMENT"), BETWEEN THE CITY OF MIAMI BEACH, FLORIDA ("CITY") AND THE MARKET COMPANY INC. ("CONCESSIONAIRE"), DATED AS OF OCTOBER 1, 2014. Dear Mrs. Tomlin: The following Amendment No. 1 shall constitute confirmation of the following approved modifications to the Agreement, relating to the operation of the Collins Park Street Market, in accordance with, and subject to, the following terms and conditions: 1. On April 23, 2014, the Mayor and City Commission adopted Resolution No. 2014-28573, accepting the recommendation of the City Manager pertaining to the ranking of proposals, pursuant to Request for Proposals ("RFP") No. 2013-317ME, for the management and operation of the street markets, including green markets at Lincoln Road, Collins Park, Normandy Village Isle and South of 5th Street, and an antiques and collectibles market on Lincoln Road. 2. Due to changes in the operation of the Collins Park Street Market, since the Agreement was originally executed, Concessionaire and the City have agreed to the following amendments to the Agreement: a. Exhibit 3.1 ("Rental Fee Schedule") is hereby deleted in its entirely and replaced by Exhibit 3.1, attached hereto and incorporated herein by reference. 3. Except as amended herein, all other terms and conditions of the Agreement shall remain unchanged and in full force and effect. Additionally, this Amendment No. 1 shall not be construed as a waiver by the City of any existing or future non-compliance or defaults under the Agreement, but simply serves to clarify certain contractual changes under the Agreement. (REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK) Amendment No. 1 Collins Park Street Management Agreement pg. 2 ACKNOWLEDGED AND AGREED TO BY: CITY OF MIAMI BEACH Attest: Jimm IL. Mor•Ies, City Ma47'a ,u'�• Granado, Ci Cle.k THIS DA' OF )�� . • < , � THE MARKET COMPANY, INC. y �� Attest: BY: - y/ a Claire Tomlin, President ani Maa , Secretary THIS DAY OF , 2014 F:\RHCD\$ALL\ECON\$ALL\ASSET\Markets\Collins Park\Amendment No. 1 11-13-14.docx APPROVED AS TO FORM & LANGUAGE & F• EX CUTION f414- S"_ City Attorn-y : : t Dote EXHIBIT 3.1 (Rental Fee Schedule) Collins Park Market - Fee Schedule Type Vendor Fee Tax Total Excellent Potential $ 70.09 $ 4.91 $ 75.00 Good Potential $ 50.47 $ 3.53 $ 54.00 Medium Potential $ 40.19 $ 2.81 $ 43.00 Questionable Potential $ 29.91 $ 2.09 $ 32.00 "Anchor" fruit & veg vendor for a Max $ 23.36 $ 1.64 $ 25.00 time of 6 months from opening, then regular fee applies. The fee is for a 10 X 10 canopy. Additional canopies are a total of$20