2000-23439 RESO
RESOLUTION NO. 2000-23439
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE
ASSIGNMENT OF 50% OF THE SHARES OF COLONY THEATER
CAFE, INC. FROM MARK SOYKA TO GRAZIANO SBROGGIO
FOR PURPOSES OF ESTABLISHING A JOINT VENTURE
PURSUANT TO THE SUBLEASE BETWEEN THE CONCERT
ASSOCIATION OF FLORIDA, INC. AND COLONY THEATER
CAFE, INC., FOR THE RESTAURANT PORTION OF THE COLONY
THEATER, LOCATED AT 1040 LINCOLN ROAD, MIAMI BEACH,
FLORIDA.
WHEREAS, on July 27, 1988, the Mayor and City Commission adopted Resolution No. 88-
19309 approving a Lease Agreement between the Concert Association of Greater Miami, Inc.
(Concert Association) and the City of Miami Beach (City), for the use of the Colony Theater, which
expired on August 31, 1994; and
WHEREAS, on December 15, 1993, the Mayor and City Commission waived the provisions
of Ordinance No. 92-2783, which require public bidding and an independent appraisal, and adopted
Resolution No. 93-20990 approving the execution of a new Lease Agreement, with the Concert
Association, which expired on August 31, 1997; and
WHEREAS, on July 16, 1997, the Mayor and City Commission adopted Resolution No. 97-
22464 approving an Amendment to the Lease Agreement extending its term for one three (3) year
period which commenced on September 1, 1997 and ends August 31, 2000; and
WHEREAS, on October 20, 1999, the City Commission approved a sublease between the
Concert Association and Colony Theater Cafe, Inc. (a corporation previously owned 100% by Mark
Soyka); and
WHEREAS, pursuant to the attached letter, Mr. Soyka wishes to enter into a joint venture
with Graziano Sbroggio and assign to Mr. Sbroggio 50% of the shares of the Colony Theater Cafe,
Inc.; and
WHEREAS, according to Mr. Soyka, this assignment would not constitute a sale but
represents their desire to form a joint venture for purposes of improving and operating the restaurant
portion of the Colony Theater and all other terms and conditions of the approved sublease remain
unchanged; and
WHEREAS, it is recommended that the resolution approving the assignment of 50% of the
shares of Colony Theater Cafe, Inc. from Mark Soyka to Graziano Sbroggio for purposes of
establishing ajoint venture pursuant to the sublease between the Concert Association of Florida, Inc.
and Colony Theater Cafe, Inc., be adopted.
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 approve the assignment of 50% of the shares of Colony Theater Cafe, Inc. from Mark
Soyka to Graziano Sbroggio for purposes of establishing a joint venture pursuant to the sublease
between the Concert Association of Florida, Inc. and Colony Theater Cafe, Inc., for the restaurant
portion of the Colony Theater, located at 1040 Lincoln Road, Miami Beach, Florida.
PASSED and ADOPTED this 12th day of January, 2000.
1M
MAYOR
ATTEST:
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CITY CLERK
SR/CMC/rar
APPROVED PS TO
FORM & LANGUAGE
& FOR EXECUTiON
T:\AGENDA 12000VANI200ICONSENTICONCOLNY.RES
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LAW OFFICES
Beatriz M. Capote, P. A.
17TH FLOOR
1101 BRICKELL AVENUE
MIAMI, FLORIDA 33131
99 DEe i 0 PH 1.;: 29:LEPHONE (305) 374-1555
FAX (305) 374-0908
December 9, 1999
"
UFFICc.
VIA TELEFAX AND
REGULAR MAIL
Ms. Cristina Cuervo
Assistant City Manager
1700 Convention Center Drive
Miami Beach, Florida 33139
RE: LEASE BETWEEN COLONY THEATER CAFE, INC. AND CONCERT
ASSOCIATION OF FLORIDA, INC. DATED OCTOBER 20, 1999
Dear Cristina:
As I told you in our telephone conversation, Mark Soyka presently owns 100% of the
stock of Colony Theater Cafe, Inc. which is the Tenant under the Lease. Mr. Soyka wishes to
enter into a joint venture with Graziano Sbroggio and assi~~ t~~r. Sbroggio 50 %. of the shares
of Colony Theater Cafe, Inc., so that Mr. Soyka would o-Wn 50%-and Mr. SbrogglO would own
the other 50% of the shares of Colony Theater Cafe, Inc. As I told you this would not be a sale
by Mr. Soyka, this would be a joint venture from the beginning.
We would like this matter to be put on the commission's agenda as soon as possible.
If you have any questions or comments or if I may be of any assistance to you please iet
me know.
BMC/Ic
cc: Mr. Mark Soyka
Stanley Levine, Esq.
KRISTINE\SO YKA \CO LONY\CUERVO, LET
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci,miami-beach.fl.us
COMMISSION MEMORANDUM NO. 17 - 0 C)
TO:
Mayor Neisen O. Kasdin and
Members of the City Commission
Lawrence A. LeVy~
City Manager
DATE: January 12, 2000
FROM:
SUBJECT:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING THE ASSIGNMENT OF
50% OF THE SHARES OF COLONY THEATER CAFE, INC. FROM MARK
SOYKA TO GRAZIANO SBROGGIO FOR PURPOSES OF ESTABLISHING
A JOINT VENTURE PURSUANT TO THE SUBLEASE BETWEEN THE
CONCERT ASSOCIATION OF FLORIDA, INC. AND COLONY THEATER
CAFE, INC., FOR THE RESTAURANT PORTION OF THE COLONY
THEATER, LOCATED AT 1040 LINCOLN ROAD, MIAMI BEACH,
FLORIDA.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
On July 27, 1988, the Mayor and City Commission adopted Resolution No. 88-19309 approving a
Lease Agreement between the Concert Association of Greater Miami, Inc. (Concert Association) and
the City of Miami Beach (City), for the use of the Colony Theater. Said Lease Agreement was to
expire on August 31, 1994.
On December 15, 1993, the Mayor and City Commission waived the provisions of Ordinance No.
92-2783, which require public bidding and an independent appraisal, and adopted Resolution No.
93-20990 approving the execution of a new Lease Agreement, with the Concert Association. Said
Lease Agreement was to expire on August 31, 1997.
On July 16, 1997, the Mayor and City Commission adopted Resolution No. 97-22464 approving an
Amendment to the Lease Agreement extending its term for one three (3) year period which
commenced on September 1,1997 and ends August 31, 2000.
Pursuant to the terms ofthe amended Lease Agreement, the City is providing an operating subsidy
to the Concert Association of$55,000 in 1998, $50,000 in 1999, and $45,000 in 2000. Additionally,
the City is responsible for the maintenance of the facility. In turn, the Concert Association remits
to the City all revenue derived from the adjoining cafe, which has been closed during the past year.
AGENDA ITEM
C7F'
DATE~
Concert Association/Colony Theater Cafe
January 12, 2000
Page 2
On October 20, 1999, the City Commission approved a sublease between the Concert Association
and Colony Theater Cafe, Inc. (a corporation previously owned 100% by Mark Soyka).
Pursuant to the attached letter, Mr. Soyka wishes to enter into a joint venture with Graziano Sbroggio
and assign to Mr. Sbroggio 50% of the shares ofthe Colony Theater Cafe, Inc. According to Mr.
Soyka, this assignment would not constitute a sale but represents their desire to form a joint venture
for purposes of improving and operating the restaurant portion of the Colony Theater. All other
terms and conditions of the approved sublease remain unchanged.
CONCLUSION
It is recommended that the resolution approving the assignment of 50% of the shares of Colony
Theater Cafe, Inc. from Mark Soyka to Graziano Sbroggio for purposes of establishing a joint
venture pursuant to the sublease between the Concert Association of Florida, Inc. and Colony
Theater Cafe, Inc., be adopted.
~C~
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