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99-23228 RESO RESOLUTION NO. 99-23228 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROPRIATING $220,000 FROM THE MIAMI BEACH CULTURAL ARTS COUNCIL BUDGET TO PROVIDE MATCHING FUNDS IN THE FORM OF A NON-INTEREST BEARING LOAN TO FUND A PORTION OF THE COLONY THEATER IMPROVEMENTS ESTIMATED TO COST $1,500,000 AND FURTHER AUTHORIZING THAT THE CITY DIRECT ITS 70% REVENUE RECAPTURE FROM THE COLONY THEATER CAFE TO BE UTILIZED TO REPAY THE CULTURAL ARTS COUNCIL. WHEREAS, the Colony Theater is a historic theater that has received a $720,000 grant from Miami-Dade County's Cultural Art Council's, Existing Facilities Grants to rehab and renovate the theater; and WHEREAS, the Architects contracted have estimated that the total cost to renovate the theater is $1.5 million and the proposed renovations will modernize the building, expand the backstage area and bring the theater into full compliance with all ADA requirements; and WHEREAS, the City intends to submit an application to the State's Cultural Arts Facilities Grants program in August 1999 and the maximum funding allocation provided through this grant program is $500,000 per facility and is based on 2: 1 match; and WHEREAS, in order to achieve maximum funding eligibility, the City/Colony Theater would have to evidence $1,000,000 in available matching funds, and the City has only identified $780,000 in funds to implement a portion of the $1,500,000 in estimated improvements; and WHEREAS, on May 27, 1999, City staff presented a request to the Miami Beach Cultural Arts Council (CAC) to approve and allocate funding in the amount of $220,000 to complete the Colony Theater Capital Improvement Project and the CAC Board resolved to have the CAC Executive Director work with City staffto provide such funds, subject to future reimbursement, to maximize the City's leveraging capacity for the Colony Theater; and WHEREAS, the CAC has identified $220,000 in capital funds that can be provided to the City as a non-interest bearing loan to perform the Colony Theater capital improvements, and it is proposed that the 70% recapture provision ofthe revenue derived from the cafe and paid to the City, be utilized to repay the CAC; and WHEREAS, because the Colony will have undergone an extensive renovation and improvement plan, it is deemed that upon full repayment ofthe loan to the CAC, that such funds be re-directed back to the City to begin to establish a future maintenance reserve account for the Colony Theater. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that $220,000 is hereby appropriated from the Miami Beach Cultural Arts Council budget to provide matching funds in the form of a non-interest bearing loan to fund a portion ofthe Colony Theater improvements estimated to cost $1,500,000 and further authorizing that the City direct its 70% revenue recapture from the Colony Theater Cafe to be utilized to repay the Cultural Arts Council. PASSED and ADOPTED this 7th day of July, 1999. f}J1 MAYOR ATTEST: JWw.r ft1t~ CITY CLERK SR/CMC/rar T: \AGENDA I 1999IJUL0799\REGULARICOLONY.RES ~-~-Ti 0. - CITY OF rv1IAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 htlp:\\ci. miami-beach. fL us COMMISSION MEMORANDUM NO. ~ TO: Mayor Neisen O. Kasdin and Members of the City Co mission DATE: July 7, 1999 FROM: Sergio Rodriguez City Manager SUBJECT: A RESOLU ON OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROPRIATING $220,000 FROM THE MIAMI BEACH CULTURAL ARTS COUNCIL BUDGET TO PROVIDE MATCHING FUNDS IN THE FORM OF A NON-INTEREST BEARING LOAN TO FUND A PORTION OF THE COLONY THEATER IMPROVEMENTS ESTIMATED TO COST $1,500,000 AND FURTHER AUTHORIZING THAT THE CITY DIRECT ITS 70% REVENUE RECAPTURE FROM THE COLONY THEATER CAFE TO BE UTILIZED TO REPAY THE CULTURAL ARTS COUNCIL. RECOMMENDATION: Adopt the Resolution. BACKGROUND: The Colony Theater is a historic theater that has received a $720,000 grant from Miami-Dade County Cultural Affairs Council's Existing Facilities Grants to rehab and renovate the theater. The architect contracted, Zeidler Roberts Partnership, has estimated that the total cost to renovate the theater is $1.5 million. The proposed renovations will modernize the building, expand the backstage area and bring the theater into full compliance with all ADA requirements. The City intends to submit an application to the State's Cultural Arts Facilities Grants program in August 1999. The maximum funding allocation is $500,000 per facility and is based on a 2: 1 match. Therefore, in order to achieve maximum funding eligibility, the City/Colony Theater would have to evidence $1,000,000 in available matching funds. At this time, the City has identified the following funds to implement the improvements: County Cultural Affairs Grant ADA Improvements Total Available Funding Funding shortfall $720,000 60.000 780,000 220.000 1,000,000 500.000 $1,500,000 State maximum grant allocation Total Project Cost AGENDA ITEM C. 1 C- DATE 7 -1-99 Colony Theater Commission Memorandum July 7, ] 999 Page 2 In addition, the City is currently applying for a $250,000 grant from the Florida Department of State Historical Resources Grant Program. However, State grant funds cannot be utilized as a match for other State funding. ANAL YSIS: The City has explored all available funding sources to maximize the City's potential to access maximum funding eligibility from the State's Cultural Arts Facilities Grant Program. On May 27, 1999, City staff presented a request to the Miami Beach Cultural Arts Council (CAC), after meeting with the CAC's Finance Committee, to approve and allocate funding in the amount of $220,000 to complete the Colony Theater Capital Improvement Project. At this meeting, the CAC Board resolved to work with City staff to provide such funds, subject to future reimbursement, in order to maximize the City's grant leveraging capacity for the Colony Theater. Repayment of CAC's funds is tied to the lease of the cafe space at the Colony Theater. The City's existing Lease Agreement with the Concert Association for use of the Colony Theater provides that the amount of revenue derived from the cafe that is located adjacent to the Colony Theater be directed 70% to the City for maintenance, repairs and renovations and 30% to reduce the City's subsidy to the Colony Theater. The Concert Association lease at the Colony Theater expires on August 31, 2000, the restaurant is currently unoccupied but the Concert Association is negotiating a proposed sublease with Mark Soyka to improve and operate the restaurant for a monthly rent of $4,000 and for a term of six (6) years with an option to extend for an additional three (3). Said sublease would further be subject to the City's approval of a non-disturbance and attornment agreement in light of the Concert Association's lease expiration on August 31, 2000. It is proposed that if the City Commission authorizes the appropriation of $220,000 in the form of a non-interest bearing loan to the City from CAC funds to perform the Colony Theater capital improvements, that the 70% recapture of the cafe revenue received be utilized to repay the CAe. At the proposed monthly rental of $4,000, the loan will be repaid over a 6 Y2 year period. Furthermore, because the Colony will have undergone an extensive renovation and improvement plan, it is deemed that upon full repayment of the loan to the CAC, that such funds be re-directed to the City to establish a future maintenance reserve account for the Colony. RECOMMENDATION: It is recommended that the Mayor and Members of the City Commission approve the attached resolution authorizing and appropriating $220,000 from the Miami Beach Cultural Arts Council budget to provide matching funds in the form of a non-interest bearing loan to fund a portion of the Colony Theater improvements estimated to cost $1.5 million and further authorizing that the City direct its 70% revenue recapture from the Colony Theater Cafe to be utilized to repay the Cultural Arts Council. -I' ~ ~ ':1 SRlCMC/rar TIAGENDA\1999VUL0799\REGULAR\COLONY CM