Amendment No.1 to Concession Agreement with Productions SUD, Inc. goao-3 Not
DocuSign Envelope ID:4138BFFO-F409-4620-999B-64F3F22577E3
AMENDMENT NO. 1 TO CONCESSION AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH, FLORIDA
AND
PRODUCTIONS SUD, INC.
FOR MANAGEMENT AND OPERATION OF THE
LINCOLN ROAD ANTIQUE AND COLLECTIBLES MARKET
This Amendment No. 1 (Amendment) to Concession Agreement, dated April 5, 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 PRODUCTIONS SUD, INC., a corporation established pursuant to the laws of
the State of Florida, with offices at 1360 Marseilles Drive, Miami Beach Florida, 33141
(hereinafter called "Concessionaire"), is entered into this 2. day of 31-314
2021 (Effective Date):
RECITALS
WHEREAS, on August 26, 2019, the City issued RFLI 2019 -318-WG for the
management and operation of a street market on a portion of a public right-of-way known
as Lincoln Road ("Antiques and Collectibles Market"); and
WHEREAS, on September 16, 2020, pursuant to Resolution No. 2020-31401, the
Mayor and City Commission accepted the recommendation of the City Manager and
approved, pursuant to RFLI 2019-318-WG, a concession agreement between the City and
Production Sud, Inc. (Concessionaire")for the management and operation of the Antiques
and Collectibles Market; and
WHEREAS, the City and Tenant executed a Concession Agreement
("Agreement") with Concessionaire, for the operation and management of the Antiques
and Collectibles Market, said Agreement commencing on October 1, 2020, and expiring
on September 30, 2023, with two (2) renewal options, at the City's sole discretion, for an
additional two (2) years each; and
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:
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 str-usk—ttir-eugh and inserted
items underlined)as follows:
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DocuSign Envelope ID:4138BFFO-F409-4620-999B-64F3F22577E3
Section 10.4 of the Agreement (Facilities) is hereby deleted and replaced with a
new Section 10.4(Compliance with CDC Guidelines) as follows:
10.4 Compliance with CDC Guidelines.
Concessionaire shall comply with all applicable CDC Guidelines, as may be
amended, a copy of the most recent version is incorporated herein by reference
and attached hereto as Exhibit 10.4.
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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DocuSign Envelope ID:4138BFFO-F409-4620-999B-64F3F22577E3
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:
4 doe.
By:
Rafael E. ranado, City Clerk Aline T. Hudak, ity Manager
1/2,17,0 2,1
Date - 1,ak;
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FOR TENANT: 1:111C'Ohl0I;MED ''QmODUCTIONS SUD, INC.
..................
ATTEST:
1—DocuSigned by: ,--DocuSigned by:
By: Caretim. FirtAly. (MX f261/ji
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Presiaent
Caroline De Freeze Lou Bondi
Print Name Print Name
6/11/2021 1 9:44 AM PDT
Date
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
3
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