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HomeMy WebLinkAboutResolution 2026-34215RESOLUTION NO, 2026-34215 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE GRANT AGREEMENT, AS AMENDED, WITH MIAMI NEW DRAMA, INC. ("GRANTEE"), AS AUTHORIZED BY RESOLUTION NO. 2025-33909, IN CONNECTION WITH THE GENERAL OBLIGATION BOND FOR ARTS & CULTURE PROGRAM, IN THE AMOUNT OF $7.604 MILLION, FOR THE CONSTRUCTION OF IMPROVEMENTS TO THE COLLINS PARK CULTURAL FACILITY LOCATED WITHIN THE CITY -OWNED COLLINS PARK GARAGE AT 340 23RD STREET; PROVIDING TERMS AND CONDITIONS FOR THE GRANTEE'S CONDITIONAL USE OF ANY UNUSED CONTINGENCY FUNDS, AND AMENDING THE TERM OF THE GRANT AGREEMENT, TO BE CONSISTENT WITH THE COLLINS PARK CULTURAL ARTS FACILITY LEASE AGREEMENT DATED APRIL 18, 2022, BETWEEN THE CITY (AS LANDLORD) AND MIAMI NEW DRAMA, INC. (AS TENANT); AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO FINALIZE AND EXECUTE THE GRANT AGREEMENT IN A FORM APPROVED BY THE CITY ATTORNEY. WHEREAS, Miami New Drama (Grantee), a Miami Beach Cultural Anchor, with a mission of producing diverse, relevant new plays and musicals in conversation with the community, oper- ating out of the Colony theater since 2016 WHEREAS, on January 27, 2021, the Mayor and City Commission adopted Resolution No. 2021-31568, waiving competitive bidding in favor of an unsolicited proposal submitted by Grantee for the development of approximately 16,000 square feet of ground floor space, including a 200-seat black box theater, rehearsal space, dressing rooms, administrative offices, and ancillary commercial uses, within the City -owned Collins Park Garage at 340 23rd Street (the "Project"); and WHEREAS, on October 27, 2021, pursuant to Resolution No. 2021-31914, the City Commission approved the Lease Agreement between the City and Grantee under which Grantee was responsible for obtaining necessary design and architectural services while the City committed to funding the Buildout Improvements, permitting, selecting a contractor and construction of the Buildout Improvements, subject to Grantee raising a Tenant Contribution of $250,000.00 and pending appropriation of $4.75 million for the buildout (the "Landlord Contribution"); and WHEREAS, on July 20, 2022, the Mayor and City Commission of the City of Miami Beach approved Resolution No. 2022-32261 calling for a November 8, 2022 special election for the purpose of submitting to the electorate of the City of Miami Beach a question asking whether the City should be authorized to issue general obligation bonds, from time to time, not exceeding $159,000,000 in aggregate principal amount (the "Bonds"), payable from unlimited ad valorem taxes, to improve facilities for resiliency of arts and cultural institutions throughout the City, including museums, performance venues, artistic playgrounds, senior/cultural centers, botanical garden, aquatic sculpture park and related artist/workforce housing (the "GO Bond for Arts and Culture Program" or the "GOBAC Program"); and WHEREAS, a majority of the City's residents who voted in the November 8, 2022 special election approved the GO Bond for Arts and Culture Program; and WHEREAS, Resolution 2022-32261 contemplated that if approved in the referendum, the GO Bond for Arts and Culture Program would provide funding for specific projects; and WHEREAS, the approval of the General Obligation (G.O.) Bond for Arts and Culture ("GOBAC") Program resulted in a funding allocation of $7.67 million for the Project, which was formally designated by Resolution No. 2023-32713 on July 26, 2023; and WHEREAS, on August 6, 2024, Grantee submitted a memorandum requesting material modifications to the Project's delivery model, which included the delegation of construction management responsibilities to the Grantee and an increase in the Landlord Contribution to align with the full GOBAC Program allocation; and WHEREAS, on November 8, 2024, the Finance and Economic Resiliency Committee (FERC) recommended that the City Commission authorize the Administration to negotiate a Lease Amendment (Amendment) together with a G.O. Bond Grant Agreement based upon Grantee's proposed terms included in the FERC Committee Memorandum; and WHEREAS, on June 25, 2025, the Mayor and City Commission adopted Resolution No. 2025-33710, accepting the FERC recommendation to amend the Lease Agreement; said Amendment, in material part, transferring from the City to Grantee the responsibility for the construction of the Buildout Improvements; further, approving the Term Sheet attached to the City Commission Memorandum accompanying the Resolution, containing the essential terms of the Amendment; and further, authorizing the City Manager to negotiate the Amendment and a corresponding GOBAC Grant Agreement, consistent with the Term Sheet, with the final agreements being subject to the prior approval of the Mayor and City Commission; and WHEREAS, on September 17, 2025, the Mayor and City Commission adopted Resolution No. 2025-33908, accepting the FERC recommendation to amend the Agreement; said Amendment attached to the City Commission Memorandum accompanying the Resolution and in a form consistent with the Term Sheet approved pursuant to City Commission Resolution No. 2025-33710, in material part, transferring responsibility for the construction of the improvements from the City to Grantee; and further, authorizing the Mayor and City Clerk to finalize and execute the Amendment in a form approved by the City Attorney; and WHEREAS, on September 17, 2025, the Mayor and City Commission also adopted Resolution No. 2025-33909, authorizing the City Administration to negotiate a Grant Agreement ("Grant Agreement') between the City and Grantee substantially in the form of the standard G. O. Bond for Arts & Culture Grant Agreement specifying the terms and conditions to apply to a grant in the amount of $7.604 million to be used to fund the construction of the improvements for the Collins Park Cultural Facility located in the City -owned Collins Park Garage at 340 23rd Street pursuant to that certain Lease Agreement dated April 18, 2022 between the City (as landlord) and Grantee (as tenant), said Grant Agreement to be consistent with the term sheet approved pursuant to City Commission Resolution No. 2025- 33710; approve the grant to be paid to Grantee in accordance with the terms of the Grant Agreement; and authorize the City Manager and City Clerk to execute the Grant Agreement in a form approved by the City Attorney. WHEREAS, the Grantee is undertaking the Interior build -out of the "Project", which was specifically approved as part of the GOBAC Program or is otherwise eligible for funding through the GOBAC Program; and 2 WHEREAS, the Project will result in physical improvements to an area, facility, resource or site to increase its ability or capacity to serve the public; and WHEREAS, the Project is estimated to cost $7,093,600 and will be funded from the sources listed in Exhibit C, including funding from the GOBAC Program, subject to and contingent upon the availability of GOBAC Program proceeds; and WHEREAS, the Project is eligible for funding from the GO Bond for Arts and Culture Program in a total amount not to exceed $7,604,000, which includes a grant award in the amount of $6,843,600.00 and a contingency in the amount of $760,400.00; and WHEREAS, Grantee may be granted conditional use of any unused contingency funds upon "Substantial Completion" of the project for the purchase of Fixtures, Furniture and Equipment (FF&E); and WHEREAS, language within the grant agreement describing Grantee's obligation to maintain the project, has been made consistent with the Collins Park Cultural Arts Facility Lease Agreement Dated April 18, 2022; and WHEREAS, the Mayor and City Commission of the City of Miami Beach and the governing board of the Grantee have authorized, by resolution, their respective representatives to enter into this Agreement describing their respective rights and obligations in the funding for, and construction of, the Project; and NOW, THEREFORE , BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve a resolution approving the Grant Agreement, as amended, with Miami New Drama, Inc, as authorized by resolution no. 2025-33909, in connection with the General Obligation Bond for Arts and Culture Program, in the amount of $7.604 million, for the construction of improvements to the Collins Park Cultural Facility located within the City owned Collins Park Garage at 340 23rd street; providing terms and conditions for the Grantee's conditional use of any unused contingency funds, and amending the term of the Grant Agreement, to be consistent with the Collins Park Cultural Arts Facility Lease Agreement dated April 18, 2022, between the City (as Landlord) and Miami New Drama, Inc (as Tenant); and execute the Grant Agreement in a form approved by the City Attorney. PASSED and ADOPTED this a,� ATTEST: APR 2 8 2026 day of Q 1 2026. Steven Meiner, Mayor Rafael E. Granado, City Clerk A..B.E:Q'., c-y.; APPROVED AS TO FORM & LANGUAGE IM(OAP OWED' & FOR EXECUTION City Attomey Date 3 Resolutions - C7 G MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Eric Carpenter, City Manager DATE: April 22, 2026 TITLE: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE GRANT AGREEMENT, AS AMENDED, WITH MIAMI NEW DRAMA, INC. ("GRANTEE"), AS AUTHORIZED BY RESOLUTION NO. 2025-33909, IN CONNECTION WITH THE GENERAL OBLIGATION BOND FOR ARTS & CULTURE PROGRAM, IN THE AMOUNT OF $7.604 MILLION, FOR THE CONSTRUCTION OF IMPROVEMENTS TO THE COLLINS PARK CULTURAL FACILITY LOCATED WITHIN THE CITY OWNED COLLINS PARK GARAGE AT 340 23RD STREET; PROVIDING TERMS AND CONDITIONS FOR THE GRANTEE'S CONDITIONAL USE OF ANY UNUSED CONTINGENCY FUNDS, CONSISTENT WITH THE COLLINS PARK CULTURAL ARTS FACILITY LEASE AGREEMENT DATED APRIL 18, 2022, BETWEEN THE CITY (AS LANDLORD) AND MIAMI NEW DRAMA, INC. (AS TENANT), AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO FINALIZE AND EXECUTE THE GRANT AGREEMENT IN A FORM APPROVED BY THE CITY ATTORNEY. RECOMMENDATION It is the Administration's recommendation that the Mayor and City Commission adopt this resolution. BACKGROUND/HISTORY Since 2016, Miami New Drama (MIND), a nonprofit professional theater company, has been the operator and resident company at the historic Colony Theatre on Lincoln Road. Committed to artistic excellence and groundbreaking work unique to our diverse and extraordinary region, MiND has served as a cultural anchor and economic driver for Lincoln Road and the larger RDA City Center, welcoming over 40,000 people annually including many students from Miami -Dade County Schools. The largest bilingual theater in America, Miami New Drama has grown into an award -winning, nationally recognized regional theater with a national reputation for serving the Miami Beach and Miami -Dade communities with diverse, innovative work. In January 2021, the Mayor and City Commission, through Resolution No. 2021-31568, waived competitive bidding to accept an unsolicited proposal from MiND for approximately 16,000 square feet of ground floor space, including interior areas and exterior terrace, in the City -owned Collins Park Garage (340 23rd Street). The proposal envisioned transforming the space into MiND's primary performance venue and headquarters, complete with a 200-seat black box theater, rehearsal spaces, dressing rooms, administrative offices, and ancillary commercial uses, including a standalone restaurant/cafe (the "Project"). On July 27, 2021, the Planning Board approved the terms of the proposed lease agreement (Lease Agreement) between the City and Grantee, in accordance with the requirements of Section 1.03(b)(4) of the City Charter, requiring approval by a majority 4/7th vote of all members of the Planning Board. Subsequently, in October 2021, the City Commission approved the initial Lease Agreement (Resolution No. 2021-31914) whereby MiND would fund its own design and 453 of 2461 architectural services, while the City would finance and manage construction, contingent on a $250,000 Tenant Contribution and a $4.75 million City funding commitment (Landlord Contribution). The lease was executed in April 2022. on July 20, 2022, the Mayor and City Commission of the City of Miami Beach approved Resolution No. 2022-32261 calling for a November 8, 2022 special election for the purpose of submitting to the electorate of the City of Miami Beach a question asking whether the City should be authorized to issue general obligation bonds, from time to time, not exceeding $159,000,000 in aggregate principal amount (the "Bonds"), payable from ad valorem taxes, to improve facilities for resiliency of arts and cultural institutions throughout the City, including museums, performance venues, artistic playgrounds, senior/cultural centers, botanical garden, aquatic sculpture park and related artist/workforce housing (the "GO Bond for Arts and Culture Program" or the "GOBAC Program"). Resolution 2022-32261 contemplated that, if approved in the referendum, the GO Bond for Arts and Culture Program would provide funding for specific projects. A majority of the City's residents who voted in the November 8, 2022 special election approved the GO Bond for Arts and Culture Program The approval of the General Obligation (G.O.) Bond for Arts and Culture ("GOBAC") Program resulted in a funding allocation of $7.67 million for the Project, which was formally designated by Resolution No. 2023-32713 on July 26, 2023. On August 6, 2024, Grantee submitted a memorandum requesting material modifications to the Project's delivery model, which included the delegation of construction management responsibilities to the Grantee and an increase in the Landlord Contribution to align with the full GOBAC Program allocation. On November 8, 2024, the Finance and Economic Resiliency Committee (FERC) recommended that the City Commission authorize the Administration to negotiate a Lease Amendment (Amendment) together with a G.O. Bond Grant Agreement based upon Grantee's proposed terms included in the FERC Committee Memorandum. This Item was then heard at the June 25, 2025 Commission meeting, where the Mayor and City Commission adopted Resolution No. 2025-33710, accepting the FERC recommendation to amend the Lease Agreement; further, approving the Term Sheet attached to the City Commission Memorandum accompanying the Resolution, containing the essential terms of the Amendment; and further, authorizing the City Manager to negotiate the Amendment and a corresponding GOBAC Grant Agreement, consistent with the Term Sheet, with the final agreements being subject to the prior approval of the Mayor and City Commission. Subsequently, on September 17, 2025, the Mayor and City Commission adopted Resolution No. 2025-33908, accepting the FERC recommendation to amend the Lease Agreement; said Amendment attached to the City Commission Memorandum accompanying the Resolution and in a form consistent with the Term Sheet approved pursuant to City Commission Resolution No. 2025-33710, in material part, transferring responsibility for the construction of the improvements from the City to Grantee; and further, authorizing the Mayor and City Clerk to finalize and execute the Amendment in a form approved by the City Attorney. Additionally, the Commission approved a resolution authorizing the Administration to negotiate a grant agreement between the City and MiND substantially in the form of the standard G.O. Bond for Arts and Culture Grant Agreement specifying the terms and conditions to apply to a grant in the amount of $7.604 Million to be used to fund the construction of the improvements for the Collins Park Cultural Facility and to execute said Grant Agreement in a form approved by the City Attorney. 454 of 2461 ANALYSIS The Collins Park Cultural Facility is envisioned as a flagship activation within the Collins Park Cultural District, enhancing the neighborhood's cultural identity through year-round programming, educational initiatives, and community gathering spaces. The Grantee is undertaking the Interior build -out of the Collins Park Cultural Center (the "Project"), as more specifically described in the Grant Agreement, which was specifically approved as part of the GOBAC Program. This Project will result in physical improvements to an area, facility, resource or site to increase its ability or capacity to serve the public as originally contemplated in Resolution No. 2021-31568 and subsequently supported by Resolution Nos. 2021-31914, 2022- 32261, 2023-32713, 2025-33710, and 2025-33908. A County grant of $250,000 will be used for design services. The Project is eligible for funding from the 2022 GO Bond for Arts and Culture Program in a total amount not to exceed $7,604,000, which includes a grant award in the amount of $6,843,600 and a contingency in the amount of $760,400. Two amendments have been made to the standard GO Bond for Arts and Culture Grant Agreement. First, the terms governing the use of contingency funds in the Grant Agreement have been amended to reflect the terms of the Lease Agreement, which allows for the potential use of contingency for Fixtures Furniture and Equipment (FF&E) upon "Substantial Completion" of the project as defined in the Lease Agreement and Grant Agreement. Additionally, The term of the Grantee's responsibility to maintain the project was amended to coincide with the lease terms, rather than the standard 25 years. FISCAL IMPACT STATEMENT G.O. Bond for arts and Culture $7.604 Million Does this Ordinance require a Business Impact Estimate? (FOR ORDINANCES ONLY) If applicable, the Business Impact Estimate (BIE) was published on: See BIE at: https://www.miamibeachfi.gov/city-hall/city-clerk/meeting-notices/ FINANCIAL INFORMATION CONCLUSION It is the Administration's recommendation that the Mayor and City Commission adopt this resolution authorizing the Administration to enter into an amended grant agreement with Miami New Drama Inc. for an amount of $7,604,000, for the management and delivery of the Building Improvements within the City -owned Collins Park Garage at 340 23rd Street, as defined by the Grantee's amended lease agreement, to be funded from the 2022 GO Bond for Arts and Culture. Applicable Area South Beach 455 of 2461 Is this a "Residents Right to Know" item, pursuant to City Code Section 2-17? No Is this item related to a G.O. Bond Proiect? Yes Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481, includes a principal engaged in lobbying? No If so, specify the name of lobbyist(s) and principal(s): Department G.O. Bond Program Sponsor(s) Co-sponsor(s) Condensed Title Approve Grant Agreement w/ Miami New Drama, Collins Park Cultural Arts Facility Improv. GOB Previous Action (For City Clerk Use Only) 456 of 2461