Resolution 78-15671 I
RESOLUTION NO. 78-15671
A RESOLUTION AUTHORIZING EXECUTION OF AN
AGREEMENT AMENDING CONTRACT WITH ZEV BUFMAN
ENTERTAINMENT, INC. TO PROVIDE FOR CHANGES
IN THE RENTAL RATE STRUCTURE OF THE THEATER
OF THE PERFORMING ARTS.
WHEREAS, by Resolution No. 75-14787 adopted on the 7th
day of August, 1975, the City Council of the City of Miami Beach
authorized the execution of an agreement with Zev Bufman Enter-
tainment, Inc. which agreement was amended by agreement dated
July 7, 1976, and
WHEREAS, Paragraph 3 (C) of said amended agreement pro-
vides for certain rental amounts and periodical adjustments to
same, and
WHEREAS, the City' s administration has met with rep-
resentatives of Zev Bufman Entertainment, Inc. and agreed to
certain adjustments in rent as set forth in Commission Memorandum •
No. 6996, said agreement also encompassing a change in the cal-
culation of rent adjustments, said agreement being subject to
approval by the Commission, and
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• WHEREAS, an appropriate amendatory agreement with Zev
Bufman Entertainment, Inc. has been approved asto form and
legality by the City Attorney, a copy of said agreement being
attached hereto and made a part hereof, and
WHEREAS, the City Manager has recommended to the City
Commission that said amendatory agreement to be entered into, and
WHEREAS, the City Commission deems it in the best
interests of the City and its residents to enter into said amend-
atory agreement;
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COM-
MISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and
the City Clerk be and they are hereby authorized and directed to
execute and deliver said amendment to said agreement for and in
the name of the City of Miami Beach, Florida. •
PASSED and ADOPTED. this 19th day of July, 1978 .
Leail•
Mayor
Attest:
4.6.1-4-7,122
City" Clerk
OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139
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AMENDATORY AGREEMENT •
THE AGREEMENT, made and entered into on the 19th
day of July, 1978 , by and between the CITY OF MIAMI?I BEACH, a
municipal corporation of the State of Florida, hereinafter
called the "CITY" and ZEV BUFMAN ENTERTAINMENT, INC. , a Florida
• corporation, hereinafter called "PRODUCER" .
WITNESSETH :
That Agreement between the parties dated August
7, 1975, which Agreement was amended by the parties on the
7th day of July, 1976, is hereby amended as follows :
1. In lieu of the provisions of Paragraph 3 (c)
of the Agreement for all transactions between the parties
occurring after August 10, 1978 :
The base rental for each day the PRODUCER has
use of the theater shall be NINE HUNDRED ($900. 00)
DOLLARS for days on which the PRODUCER stages a
single performance, and TWELVE HUNDRED ($1 ,200.00)
DOLLARS per day on days when the PRODUCER presents •
two performances in the same day; provided, how-
ever, that in the event the CITY rents the
theater to -anohter Lessee for portions of the ✓
same day on c PRODUCER is presenting a show
• the PRODUCER' S base rent for such day shall be
reduced to SEVEN HUNDRED FIFTY ($750 . 00) DOLLARS
for such day. Provided further that in order
to compensate the CITY for certain increases in
operating expenses which may occur over time,
the base rent provided for above shall be ad-
justed periodically as follows :
1. Periodic base rental adjustments shall
be made every thirty (30) months as provided
in the original Agreement between' the parties
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as same has been heretofore amended.
2. In the interim between the periodic base
rental adjustments interim base rental adjust
ments shall be made in the following manner:
(a) Adjustments shall be made on January
10 , 1980 and yearly thereafter using
the base year of 1979 . The adjustment
• shall be made by calculating the per
centage change in the Consumer Price
Index, all items index, seasonally ad-
justed for South Florida area index if •
available, published by the Bureau of •
• Labor Statistics during said interim
period. The percentage change shall he
calculated in accordance with the method
• described in the attached Exhibit "A" .
LAW OFFICES •
DUBBIN. SCHIFF'. BERKMAN & DUBBIN
MIAMI, FLORIDA
filer a'4.a<;$r*;"r IN.
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(b) If the change is less than 5% , no
adjustment in base rental shall be
made for such interim period. How-
ever, if the change exceeds 5% the
base rental shall be increased by
the excess change over 5% .
(c) The above calculations being mini-
sterial in nature the City Manager •
and PRODUCER are hereby authorized
to compute same and place said
interim base rental rates as adjusted
into effect without further action by
the City Commission. j
2 . Paragraph 3 (c) (1) of the above mentioned Agreement
shall continue in full force and effect notwithstanding any-
, thing contained in this Amendatory Agreement.
3 . All other terms of the August 7, 1975 Agree-
ment as amended on July 7, 1976 , are ratified and shall continue
in full force and effect.
IN WITNESS WHEREOF , the parties hereto have caused
these presents to be signed in their corporate names by their
duly authorized officers and their corporate seals to be
affixed hereto this 18th day of. April , 1979 .
CITY OF MIAMI PEACH
41 ' 4.. if '
MAYOR
Attest :
CITY CLERK
ZEV Bi?FDIArd TAIINPrtErIT, INC.
•
OW
.r=—`U F MAN
•
Attest: Al /7/
LSE"CRET .Y ,
G .'
LAW OF':IcE5
31N. SCHIFF. BF_F7KMAN Eat DUBBIN
MIAMI. FLORIDA
iJST x.._ 5,.
Y
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(b) If the change is less than 5% , .no
adjustment in base rental shall be
made for such interim period. How-
ever, if the change exceeds 5% the
base rental shall be increased by
the excess change over 5% .
(c) The above calculations being mini-
sterial in nature the City Manager
• ' and PRODUCER are hereby authorized
to compute same and place said •
interim base rental rates as adjusted
into effect without further action by
the City Commission. y
2. Paragraph 3 (c) (1) of the above mentioned Agreement
shall continue in full force and effect notwithstanding any •
-
, ' thing contained in this Amendatory Agreement.
3. All other terms of the August 7 , 1975 Agree-
ment as amended on July 7, 1976 , are ratified and shall continue
in full force and effect. •
IN WITNESS WHEREOF, the parties hereto have caused.
these presents to be signed in their corporate names by their
duly authorized officers and their corporate seals to be'
affixed hereto this 18th day of April , 1979
CITY OF MIA1MI BEACH
/ /
.,
MAYOR.
Attest :
j7 ;+'. . / ./i,!1
CITY CLERK
ZEV BUFP1Ar11mTAINMEI`IT, INC.
By- i //
r
r"'7 UFlN .
• Attest: ,,,, ,/ /7j './-> _
SECRET •
,, i/i/'': / ,,,"4- /f(
RY
U ' •
•
,
LAW OFFICES
3IN, SCHIFF. 9ERKMAN & DUBBIN
MIAMI. FLORIDA
..
. • Brief Explanation of the CPI
The Consumer Price index ICP11 measures average personal snits of the Bureau's tanned representation.
• changes in prices of goods and services usually bought Mail questionnaire.are used to obtain local transit fares, -
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by urban wage earners and clerical workers.It is based public utility rates.newspaper prices•duel prices;and
on prices of about 400 items which were selected to rep. certain other items.
t - resent the movement of prim of all goods and services In calcu46ng the index.prise changes tot the various
purchased by wage earners and clerical workers.Price, items in each localism are aseraged together with weights
for these items are obtained in urban portions of 39 which represent their importance in the spending of all
•• major statistical areas and 17 smaller ittie,,which were wage earners and slrncal winker..Local data are then
chosen to represent all urban places in the United States. combined to obtain a U.S.city• ye.Separate indexes
They are collected from about 18.000 establishments— are also published for 23
grocery and deportment stores,hospitals.filling stations. The index,measures price.hangar tram a-designated
- and other types of store,and service establishments. reference date tg67—which equals 1001).An increase
Prices of foods, fuels,and a few other items are of 22 percent.for example,is shown as 12x,2.0. This
obtained every month in all 56locations.Prices of most change can also he expressed in dollars as lotlows:The.•
Othercommoddiesand services are adlected every month price of a base proud•-market basket'01 goods and
in the fire largest areas and every 3 months in other services bought by urban wage earners and clerical
• areas.Prices of most goods and services are obtained by workers has riser from S O un 1967 to SI 2.:31.
A Note About Calculating Index Changes
Movements of the indexes from one month to another •period. BLS dies not publish annual rates Posed on
are usually expressed as percent changes tither than data for I month.
changes in index points because index point changes are
• affected by the level of the index in relation to its base
•
• - period white percent changes arenot.The example in the Imre.Pant Change
accompanying box illustrates the computation of index - •
point and percent changes. Cpl 1739
Seasonally adjusted percent changes in the U.S.All Less ominous edea - 173.7
Items laden are hoed on seasonal adjustment(actors Equals index poses cows*: •
Ott
and seasonally adjusted indexes carried to two decimal lire«r P•.nye
places.This procedure helps to eliminate rounding error
inthe percent changes. InMi pans d,itegnv. OS
• Percent changes for 3-month and 6-month periods o,. t>y env snewom edis, x,]32
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are expressed as annual rates and are computed accord- 0005 -
leg to the standard formula for compound growth rates. Rasion mdPphM by one nund.•d 0.005.100
These data indicate what the percent change would be Equal,perm eta chance: OS
if the current rate were maintained for a 12-month
A Note on Seasonally Adjusted and Unadjusted Data
Because price data are used for ditterrnt purpaes by climatic conditions.producturo cycles. mould change.
different groups.the Bureau of Labor Statistics publishes users,holidays.and sales.
seasonally adjusted as well as unadjusted changes each the unadjusted data are of primary interest to c n- -
- month. stoners concerned about the prices they actually pay.
For analysing general price trends in the economy. Unadjusted data are also used euenawly for e.catation
seasonally adjusted changes are usually preferred•since purposes. Many collective bargaining eontrart agree-
they eliminate the clfect of changes that normalcy recur ments and pension plans.for example•tae somlvnta-
at the same time and In about the tame magnitude every lion changes to the Cnnsunnr Price Index eou•bused _ - -
year--such as price movements resulting from changing for seasonal venation.•
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ORIGINAL
RESOLUTION NO. 78-15671
(Authorizing agreement amending contract
with Zev Bufman Entertainment, Inc. , to
provide for changes in rental rate struc-
ture of the Theater of the Performin Arts) ._• . -.
11111
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