Amendment No. 2 to the Lease between the CMB and Colony Theater Cafe, Inc. D/B/A Segafredo Zanetti Espresso Docusign Envelope ID:473B5DOF-5EAF-4687-87BC-99COE5AE5699 � �J �,S � �j 3� Z,. �
AMENQMENT NO. 1 TC3 LEASE
BETWEEN
THE CITY OF MIAMI BEACH
AND
COLC?NY THEATER CAFE, INC.
DIB/A SEGAFREDQ ZANETTI ESPRESSO
i�his Amendment No. 2 ("Amendmant"} to Lease Agreemen`, dated May 25, 2018
("Lease"), by and be#ween the ClTY OF MIAMI BEACH, a municipality existing under the
laws of the State of Florida, having its principal place of business at 1700 Gonvention
Center Drive, Miami Beach, Florida 33139("City"or"Landlord"),and COLONY THEATER
CAFE, INC., a Florida corporation, dtbla Segafredo Zanetti Espresso, having its principal
place of business at 1040 Lincoln Road, Miami Beach, FL 33139 {"TenanY'), is entered
into this L'1 day of (;�.�-a�._-e'_ _ , 2025:
RECITALS
WHEREAS, pursuant to Resolution Na. 2017-29834, the City and Tenanf
executed the Lease an May 25, 2018; and
WHEREAS, the initial term of said Lease was for th�ee (3) years, commencing
March 1, 2018 and ending February 28, 2021, with two (2}options to renew for three (3}
years each; anci
WHEREAS, the initial term expired on February 28, 2021; and
WNEREAS, on July 28, 2021,the Mayor and City Gommission adopted Resolution
tVo. 2021-31800, approving Amendment No. 1 to the lease; said amendment app�oving
Ehe first renewal term of the l.ease, ending on February 28, 2024, and including the
following modifications to the financial terms of the Lease for the period from January i,
2021 through February 28. 2024: Abatement of Tenant's obligatian to pay Base Rent,
insurance, real estate taxes, use fee for the DumpsterlStorage Area, and the annual
percen#age of gross receipts(PG)payment; and repiacing said obligatians with a monthly
PG payment equal to eight percent (8%} of the total monthiy gross receipts, which
Amendment No. 1 was executed by the parties on 5eptember 13, 2021; and
WHEREAS, Tenant has now requested, and ihe parties desire to enter into,
Amendment No. 2 to the Lease (°Amendment"); said Amendment approving the second
and final three (3)year renewal term, under the following modified financiai terms:
� Modificatian of Financial Terms for Second Renewal Term: Abatement
of TenanYs obligation to pay Sase Rent, insurance, reai estate taxes, use
fee for the DumpsterlStorage Area, and the annual PG payment and
replacing said obligations with a PG payment equal to: Eight percent(8%)
of gross receipts, retroactively apQlied from March 1, 2024, through July
31, 2p25; and Six percent (6%) of gross receipts from August 1, 2025
through Fearuary 28, 2027; and
t
Docusign Envelope ID:47365DOF-5EAF-4687-87BC-99COE5AE5699
• Termination for Convenience: Mu�uai termination far canvernence right
upon sixty(60)days notice to the other party, as more particulariy
described herein; and
WHEREAS,on July 23,2025, the Mayar and Ci#y Commiss�on adopted Resolution
No. 2025-33821, approving, in substantial form, Amendment No. 2 to the Lease to
effectuate these terms; and
WHEREAS, the City and Tenant wish to clarify that Ehe DumpsterlStorage Area is
depicted in Exhibit 2 to the Lease.
NOW, THEREFORE, in consideration of the mutual promises and conditions
contained herein, and other good and valuable consideration, the sufficiency of which is
hereby acknowiedged, the City and Tenant agree ko amend the Lease as follows:
1. ABOVE RECITALS.
The above recitals are true and carrect and are incorporated as part of this
Amendment.
2. RENEWAL TERM.
The Laase i� I�ereby amended to provide for a second and finai renewai term
commencing retroactiveiy an March 1, 2024 and expiring on February 28, 2027.
3. INDEMNIFiCATION PROViSIONS SURVIVE EXPIRA7iON OR TERMlNATION
OF LEASE. The indemnificat+on provisions contained in Sectians 14.1, 19.1.1, 20,
21, 33, and 38 shaH survive the expiration or termination of this Lease.
4. MODIFtCATIQNS.
Notwithstanding any provisian ta the contrary in the Lease or any pfior amendment,the
following madif�ed financial terms will apply during the second renewa!term:
(a) During the period from March 1, 2024 through February 28, 2027("Rent Relief
Period"), the follawing Base Rent and Additionai Rent payments shafl be
abated:
(1} Base Rent, as defined in Sectian 3.1;
(2) Prope�ty Tax Payment, as defineti in Section 3.2.1.2;
(3) Insurance casts for the buiiding,as defined in Section 3.2 1.3; and
(4} Use Fee for Dumpster/Storage Area in subsection 3.Z.2.
(b) Effective as of March 1, 2024, Section 3 4 of the Lease shaH be deleted rn its
entirety and replaced with the fa!lowing:
3 4 Percentage of Gross
3.4 1 Dunnc ihe Rent Relief Period Tenant shall�Y khe l.andlord the followinfi
_ a _.__ _ _.. _ _�
mo�thl�percentage of C rass receipts i PG�pa�ment,.due b�Y the 15`"da j of
the f411owing month: . __ _
2
Docusign Envelope ID:47365DOF-5EAF-4687-876C-99COE5AE5699
• Far the t,eriod frnm_March 1. 2Q24_through July 31_,2025. Tenant
will�ay rent_e_gual to_eight percent S;8°lo}of gross receiptsy calculated
monthl�
• For the�eriad from Auqust 1_,2Q25 through F�bruary 28,_2027,
Tenant wiH�a�rent equal_to six r�ercent_�6%o�ofgross recei�ts_calculated
manthl.�.
3.4.2 The__term',gross recei�ts"is understood_to_mean all income_received_by_t_he
Tanant,fr_om .all_ sales made _by_ Tenant_of__food ,_bevera�ges___and
mercnandise,in on or from the.Demised Premises inclusive of the recei�ts
generated_�_ihe sidewalk cafe_ less _returns or refundsji excludin�
amounts of any_Federal State or Ci�sales ta�x;governmental im O,p sition,
assessment:_ch�e_or e�ense of any_kind.,collected by the Tenant.from
customers and_r�urred_b_y__law to be_rem.itted ta the, taxinq or other
govern mental_authonty
Notwithstandinq the fore�,oinc�° rc� oss_receiats" shall also not.include any
of the foilow'rRq.
(a) t�ratuities_to em Ip oyees �aid by Tenant s .�atrons or customers
�even if included in the check to thepatron or customerl;
(b) food and beyeraqeS senred to em�ployees of Tenant al no cost
(c) foad and beveraqes_�srovided by way_of promotions_orpramo check�
or _ _ _ -
(d) a waikout�i.,e._a meai_sen+ed but not�aid forL
3.4 3 Or� or before the fifteenth �15t"�of_each mvnth.duri�_the initial term or anv
a�roved renewal term�Tenant shall pre�are_and deliver to Landlord at the
place where rent is,�ayable a__co�y_of TenanE's.Sales_and,Use Tax..Retu�n
�Form DR-15CS ar DR15-EZ�frled w'tth the Florida Department of Revenue
re�orting_Gross Sales_made from_the Demised Premises_during the
�receding_calendar quarter_which shall be broken_down by_month� or such
other documentaticn approyed b�_Landlord.
{c} Effective as of March 1, 2024, Subsection 2.3 of the �ease shall be deleted �n
its entirety and replaced with the following:
2.3 Part'tes'Mutual_Termination R�ic ht.
Provided that the_�arty terminating the�ease,is_not in_default_under the_Lease_the
Citv= throU�h_its City_Manaqer or_Tena.nt�.through its aufhorized representative.
here�_reserve the r�ht to terminate this_Lease,_without_cause and for Their
_,__ _
convenience u�on�tov_idin�c the other�;arty with a minimum of si�_i60�days prior
written.notice(°Etfective Date of Termination"�. In the__ev_ent of termination�the
C�ty_pursuant to this 5ubsection_2.3 Tenant herein_acknowledges and.aqrees that
it shall_not haye_a�claim dernand or cause of acUon of whatsoever kind_of nature
against the_Ci�� its_a�ents seryants and_em�loyees incfudinc�_but not.limrted to
claims for anX_ start-� costs. andJor interFerence in rts concessron o.�erations.
Additionally,in no event shall t`�e.Cit�b,e liable to Tenant for an y_indrrect incidental
3
Docusign Envelope ID:47365DOF-5EAF-4687-876C-99COE5AE5699
s�ecial lost,;�rofits or conser-�uential dama�es. in the event of termination_under
_ _ . _
th:s,Subsection 2,3 by_the Citv_or Tenant the_�art�terminatingthe Lease_shali be
released from an�further obli�ations under the Lease_from the Effective Date of
Termination f�rward exce�t as_to those__�royisians or obliqations which accrued
�r� ior_to_ ihe E_ffective_Date of_Termination_or_which are intended to surviv_e
ex-��iration or__termination_ of___the _Lease _incCudinc�_ witt�out limitation_ the
indemni(ication�rovisions contai�ed in_Sections i4._1_ 19�1;1, 20 21 33 and 38.
(d) Effective as of the date the parties execute this Amendment,the following new
Sectlons 40 - 43 are hereby included as part of the Lease:
40. Tenant's Com�iance with Anti-Numan_Trafficking Laws.
Tenant agrees to comply with Seetion 787.06, Florida Statutes, as may be amended from
t+me to time,and has executed the CeRification of Compliance with Ant�-Numan Traff�cking
Laws, as required by Section 787.a6(13), Florida Statutes, a copy of which is attached
hereto as Exhibit 3.
41. PrQhibition on Contracfinc�with a Busir�ess Engaging.in a_BOYCOI�.
Tenant warrants and represents that it is not currently engaged in, and will not engage
in, a boycott, as defined in Section 2-375 of the City Cotle. ln accordance with Section
2-375.1(2j(a) of the City Code, Tenant hereby certifies that Tenant is not currently
engaged in, and agrees for the duration of the term of the Lease to not engage in, a
boycott of Israel.
42. Prohibition AcLainst Contractinc�with_Fore�n_Countries_of Concern_when
__ _ . _ _ __
an_Individual's Personal Identifyin� Informa6an m�_be Accessed.
__ __ -----
Tenant hereby agrees ta comply w�th Section Z87.138, Florida 5tatutes, es may be
amended f�om time to time, which states that as of January 1,2024,a governmental entity
may not accept a bid on, a proposal for,or a reply to,or enter into,a contract with an entity
which would grant the entity access 10 an individual's personal�dentifying information(PII),
unless the entity provides the govemmentai entity with an a�davit signed by an officer or
representative of the entity under penalty of perjury attesting that the entity does not meet
any of the criter(a in Paragraphs 2(a)-(c)of Section 287.138, Florida Statutes: (a)the entity
is owned by a government df a foreign country of cancern;(b}the government o1 a foreign
country of concern has a controlling interest in the entity; or jc7 the entity �s arganized
under the laws of or has its principaf place of business in a foreign country of concem
(each a �'Rrohibited Entity"). A foreign country of concern is defined in Sectlon 287.138
(1}{c), Florida 5tatutes, as may be amended �rom time to time, as the People's Republic
of Ghina, the Russian Federation, the Islamic Republic of Iran, the Democratic People's
Republie of Korea, the Republic o� Cuba, the Venezueian regime af Nicolas Maduro, or
the Syrian Arab Republic, including any agency of or any ather entity of significant cantrol
of such foreign country of concern Additionally, beginning July 1, 2025, a govemmental
entity may not extend or renew a contract with a Prohibited Entity. Tenant warrants and
represents that it does not fall within the definition of a Prohibited Entity, and as such, has
caused an authorized representative of Tenant to execute the "Prohibitian Against
Con#racting witt� Entities of Foreign C�untries of Concem Affidavit", incorporated herein
by reference and attached hereto as Exhibit 4.
a
Docusign Envelope ID:47365DOF-5EAF-4687-87BC-99COESAE5699
43. Prahibition on Gontractin�with an Ind�vidual or EntitY_Wh�eh Has
_ _ _ _ _ . _
?erfornted Services for Compensation to a Candidate_for Gity Elected Office.
�---- _ _.._..___.
''enant warrants and represents that, within two(2}years prior to the date in which Tenant
executes this Amendment,Tessee has not received compensation for services performed
for a candidate for City elected office, as contemplated by the prohibitions and exceptions
of Section 2-379 of the City Code.
For the avoidance of doubf, the restrictions on cantracting with the City pursuant to
Section 2-379 of the City Code shafl not apply to the foliowing:
a. Any individual or entity that provides goods to a candidate for office.
b. Any individual or entity that provides services to a candidate for office if
thase same services are regularly performed by the mdividua)or entity in
the ordinary course of bus,ness for clienis or customers other than
candidates for office. This includes, without limitation, banks, telephone
or internei service providers, pnnting companies, event venues,
restaurants,caterers,transportation providers, and office supply vendors.
c Any individual or entity which performs licensed professional services
(including for example, legai or acCounting services.
5. RATIFIGATiON.
Except as arnended herein, all okher terms and eonditions of the l.ease shall remain
unchanged and in full force and effect. In the event thefe Is a conflict between the
provisions of this Amendment and the Lease, the pravisions of ihis Amendment shall
govem.
THE REMAINDER OF TNES PAGE IS iNTENTlONA�L.Y �EFT BLANK.
�
Docusign Envelope ID:47365DOF-5EAF-4687-876C-99COE5AE5699
IN WITNESS WHEREOF, the parties hereto hava caused this Amendment to be
executed by their appropriate officials, as of the date first entered above.
FOR LAND�ORQ: CITY OF MlAMI BEACH
ATTEST:
DocuSigned by:
�a�,�, �►^atn.a�.e �,% �
BY .FAB88AOBF65E4GF._ j�_!�_� .
Rafiael E. Granado, City Cierk Ei'ic T.Carpen r, City Manager
10/27/2025� 9:34 AM EDT
Date
FOR_TENANT: COLC)NY THEATER CAFE, INC.
ATTEST:
� � � � ;
BY� �., .___. ____ ____.. . _�--_.`" ._ �`__ ;r-""'
Secretary� T �,�t � ��- Presidl�t ►
���t ���-�fl(Zt3� � , �-� �:�:3��"�ti:i
_______ __. .___ _ ____. . _ _ _. ------_ _
Print Name Print Name
��_-�� _����
Date
APPROV�D AS TO
FORM &1ANGUAGE
&F4R EXECUj44N
h �,�� t0 �l�
..,C�M,����,,,, pato -.
�,� ��,P,
Docusign Envelope ID:473B5DOF-5EAF-4687-87BC-99COE5AE5699
Exhibit 3
Anti-Human Trafficking Affidavit
fn accordance with Sectio� 787.06 (13), Florida Statutes, the undersigned, on be�aif of
Tenant hereby attests under penalty of perjury that Tenant does not use ccercion for labar
or services as defined in Sect'ron 787.06, Florida Statutes, entitled "Human Trafficking"
f understand that f am sweari�g or affirming under oath to the truthfulness of the ciaims
made in this affidavit and that the punishment for knawingly making a false stafement
includes fines and/or "rmprisonment.
The undersigned is authorized to execute this affidavit on behaif of Tenant.
Tenant:
Colony Theater, Inc., a Florida corporativn
� ;
�r
��:��'� ;;�.G --s�c�� ��0 r� t�% 5-� S�1&�.-�_
---_
_ _ _. ___ _--- --__ _ __. . __ _ .
NamelTitle: (i�(,� �'�s+�F.'Y"7'' (Address)._ _ 1"71�J`rf :�>r��..
State of F��z 1�L�
Counfy of ��1 k�,��1. -��.�j`�.
.
The fo�egoing instrument was acknowledged before me by means of�physical presence
or ❑ on6ne notarization, this ����� day of ��G'f�l?aE�_ , 202_� by
_ , as , of
__ _
, a _ corparation, known to me to
be the person descr�� h�rein, or who produced
as identification, and who didldid not take an oath.
t
NOTAR�(.r�UB�IC:
_—�`x'j "' � �'' +�, REBECCAANN HAASHAW
-" / ��. + ._��- �` —__.._--, *+�- Not2ry Pubik�SU[e of�b�ida
/ � ���y{�N NN 597759
_ _ Y a�,µ My Comm.ExDtres Sep l� 2028
(Signature) � `��
gonded Nrough Matia+al Notary A55�.
��4�.t-L.�� � �����1,�,✓
{Print Name)
My commission expires� ����J�c��
_
�
Docusign Envelope ID:47365DOF-5EAF-4687-876C-99COE5AE5699
EXHIBtT 4
Prohibition Against Contracting With Foreign Courttries Of Concern Affidavit
In accordance with Section 287 �38, Fiorida Statutes, incorporated herein by reference,the
undersigned, on behalf of Tenant,hereby aktests under penalty of per}ury thak Tenant does
not meet any of the following criteria in Paragraphs 2(aj-{c}of Section 287 138, Florida Statutes:
(a} Tenant is awned by a gavernment of a foreign country of concern; (b) the gavernment of a
foreign couniry of cancern has a controlling interest in Tenant;or(c}Tena�t is organized under the
laws of or has its principai place of business in a foreign country of concern.
I understand that I am swearing or affirming under oath, under penalties of perjury, to the
truthfulness of the claims made in this affidavit and that the punishment for knowing{y
making a false statement includes fines and/or imprisonment.
The undersigned is authorized to execute this affidavit on behalf of Tenant.
TenaM:
Colony Theater, inc., a Florida corporatton
, t ai,,U �i�t�.lv�����` �;�/;4,�� !` (,N �j�` �,i k'fE; ,r� !4.`7 '
NamelTitle: _ 1t�� et��"t 1 i ti rv'�'�_____ (Address)
State oi �L�J k I D_,�_
County of �,�+4��. ` ��%Ai��,;.
�;.
i
The foregoing instrument was acknowiedged before me by means of�physical presence
or � oniine notarization, this I(D�_ day of �J��a�F�- , 202��__ by
, as of
__ _ __._
,
__- ._ ._. _ __. .
, a __ ______ corporation,known to me to
___
be the person descnbed herein, or who produced
____ _ ---_ _.
as identification, and who didldid not take an oath
i
i�QTI�C�'1 ��C: (�' -
��..
� � .� `
_. _ ___--_-_.__-- ,�y�a"'. AEBECCA ANN�ARSHAW
(Signatur � iP �- 4otary Public State of F,ariaa
/ "� ` Commissoa t NH S9P59
)� �—�� ^ � r''� � � ( `..an� My Canm.E�c�ires Seo 3G 2d28
�
���v�--�,,,�'� ���'-���� ��f � BonEed thrpugh Na[iana�Rotary Assn.
(Print (Vame)
My commissian ex 'res: � �� 4 �2�
P• ___ �_.____�____
8
Granado, Rafael
From: DocuSign - CMB <CMB@Docusign.miamibeachfl.gov>
Sent: Monday, October 27, 2025 9:34 AM
To: Granado, Rafael
Subject: Completed: Complete with Docusign: Colony Theater Cafe Amendment No. 2.pdf
Attachments: Colony Theater Cafe Amendment No. 2.pdf
MIAMI BEACH
. .. .__ . . _ _.
. . . .
Kevin Sanchez
KevinSanchez@miamibeachfl.gov
All parties have completed Complete with Docusign: Colony Theater Cafe Amendment
No. 2.pdf.
Please see Colony Theater Cafe Amendment No. 2 which was formally approved by
the City Commission at its meeting on July 23, 2025, pursuant to Resolution No. 2025-
33821.
Po�vered by�dOCUSIgCI
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