2001-24344 RESO
RESOLUTION NO. 2001-24344
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, APPROPRIATING
$1,530,000 FROM THE GENERAL FUND UNDESIGNATED FUND
BALANCE, REPRESENTING THE BALANCE OF THE PURCHASE
PRICE REQUIRED PURSUANT TO THE CONTRACT FOR SALE
AND PURCHASE BETWEEN THEATRE REALTY, INC. AND THE
CITY OF MIAMI BEACH FOR THE ACQUISITION OF THE
BYRON CARLYLE THEATER; APPROPRIATING $12,000 FROM
THE GENERAL FUND UNDESIGNATED FUND BALANCE FOR
ASSOCIATED CLOSING COSTS; AND FURTHER
APPROPRIATING $500,000 FROM THE GENERAL FUND
UNDESIGNATED FUND BALANCE TO PERFORM THE
NECESSARY REPAIRS REQUIRED AT THE THEATER UPON
ACQUISITION.
WHEREAS, on January 10, 2001, the Mayor and City Commission adopted Resolution No.
2001-24229 appropriating 10% ofthe $1.7 million purchase price, or $170,000, to be deposited in
escrow pursuant to the Contract for Sale and Purchase between Theater Realty, Inc. and the City of
Miami Beach for the acquisition ofthe Byron-Carlyle Theater; and
WHEREAS, on March 28, 2001, the Mayor and City Commission adopted Resolution No.
2001-24313 authorizing the acquisition of the Byron-Carlyle Theater pursuant to the contract for
Sale and Purchase between the City of Miami Beach and Theatre Realty, Inc.; and
WHEREAS, additionally, closing costs estimated in the amount not to exceed $12,000, will
be required to pay for the title policy and other associated closing costs; and
WHEREAS, to accomplish said acquisition, it will also be necessary to appropriate an
additional $500,000 to replace the roof ($260,000), for general light maintenance of the facility
($40,000), and to remodel the lobby area to allow temporary use with minimal air conditioning
improvements and one ADA compliant bathroom, and to provide for exterior lighting to the building
($200,000); and
WHEREAS, the additional $500,000 appropriation will provide the funding necessary to
allow the facility to be open and occupied in the lobby area, if the City so deems appropriate; and
WHEREAS, the Program Uses and Operational Committee will continue to meet to identify
viable alternative re-uses of the facility; and
WHEREAS, the City Administration will continue to explore and diligently pursue funding
to enable the renovation of the facility and at this time, the $700,000 Quality of Life funding
commitment stands, but is insufficient to complete the project; and
WHEREAS, as reported on March 28,2001, the total renovation cost approximates $5
million, of which only $700,000 has been identified in addition to the $500,000 appropriation
recommended herein.
T:\AGENDA\2001\APRlSOl\REGULAR\hYRON_ CA.RES
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 herein appropriate $1,530,000 from the General Fund Undesignated Fund Balance,
representing the balance of the purchase price required pursuant to the Contract for Sale and
Purchase between Theatre Realty, Inc. and the City of Miami Beach for the acquisition of the Byron
Carlyle Theater; appropriatin&.. $12,000 from the General Fund Undesignated Fund Balance for
associated closing costs; and further appropriating $500,000 from the General Fund Undesignated
Fund Balance to perform the necessary repairs required at the theater upon acquisition.
PASSED and ADOPTED this 18th day of April, 2001.
rlLAYOR
ATTEST:
crOvt~
CITY CLERK
JMG/CMC/rar
T:\AGENDA\2001\APRI801\REGULAR\BYRON_CA.RES
APPROVED />S TO
FORt\A & I.ANGUAGE
&. FOR EXECUTION
;1~i~-'H)'
c A!torl>9y~ Date
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH. FLORIDA 33139
http:\\c:i.miami-beBch.fl.us
TO:
FROM:
SUBJECT:
COMMISSION MEMORANDUM No.2 3'- 0 I
Mayor Neisen O. Kasdin and
Members of the City Commission
Jorge M. Gonzalez \. .. ~
City Manager d VV - 0
DATE: April 18, 2001
A RESOLUTION OF THE MAYOR AND MEMBERS OF THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, APPROPRIATING
$1,530,000 FROM THE GENERAL FUND UNDESIGNATED FUND
BALANCE, REPRESENTING THE BALANCE OF THE PURCHASE PRICE
REQUIRED PURSUANT TO THE CONTRACT FOR SALE AND
PURCHASE BETWEEN THEATRE REALTY, INC. AND THE CITY OF
MIAMI BEACH FOR THE ACQUISITION OF THE BYRON CARLYLE
THEATER; APPROPRIATING $12,000 FROM THE GENERAL FUND
UNDESIGNATED FUND BALANCE FOR ASSOCIATED CLOSING COSTS;
AND FURTHER APPROPRIATING $500,000 FROM THE GENERAL FUND
UNDESIGNATED FUND BALANCE TO PERFORM THE NECESSARY
REPAIRS REQUIRED AT THE THEATER UPON ACQUISITION.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
On January 10, 2001, the Mayor and City Commission adopted Resolution No. 2001-24229
appropriating 10% of the $1.7 million purchase price, or $170,000, to be deposited in escrow
pursuant to the Contract for Sale and Purchase between Theater Realty, Inc. and the City of Miami
Beach for the acquisition of the Byron-Carlyle Theater. The contract provided for a 60 day
investigation period and for a 90 day closing timeframe; both dates which were extended by 30 days
on February 21,2001.
On March 28, 2001, the Mayor and City Commission adopted Resolution No. 2001-24313
authorizing the acquisition of the Byron-Carlyle Theater pursuant to the contract for Sale and
Purchase between the City of Miami Beach and Theatre Realty, Inc. At this time, it is necessary to
appropriate the balance of the purchase price of$1,530,000 from the general fund undesignated fund
balance. Additionally, closing costs estimated in the amount not to exceed $12,000 will be required
to pay for the title policy and other associated closing costs. The closing is scheduled to take place
on May 9, 2001.
AGENDAlTEM R-/C
DATE ~-I 15-0 I
Apri/18,2001
Commission Memorandum
Byron-Carlyle
Page 2
To accomplish said acquisition, it will also be necessary to appropriate an additional $500,000 to
replace the roof ($260,000), for general light maintenance of the facility ($40,000), and not to exceed
$200,000 to perfrom additional improvements as deemed appropriate. Specifically, the additional
$200,000 is intended to be utilized to remodel the lobby area to allow temporary use with minimal
air conditioning improvements and one ADA compliant bathroom, and to provide for exterior
lighting to the building. The additional $200,000 will provide the funding necessary to allow the
facility to be open and occupied in the lobby area, if the City so deems appropriate. Potential
temporary alternative uses will be explored and identified and presented to the City Commission
prior to programming any occupancy of the building.
The Program Uses and Operational Committee will continue to meet to identify viable alternative
future programmed re-uses of the facility. Concurrently, the City Administration will continue to
explore and diligently pursue funding to enable the renovation of the facility. At this time, the
$700,000 Quality of Life funding commitment stands, but is insufficient to complete the project.
As reported on March 28, 2001, the total renovation cost approximates $5 million of which only
$700,000 has been identified in addition to the $500,000 appropriation recommended herein.
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'rhis'instrument prepared by or
under the supervision of:
Name: David M. Krause, Esq_
Krause If< Baxter
80 S_ W_ 8" Street, Suite # 1920
Miami, Florida 33130
o 1R24319? 2001 /lAY 11 15.l
PropcJ1y Appraisers Parcel Identification
(Folio) Numbcr(s): 02-32JJ-002-0950
02-3211-002-1070
Grantec(s) H(s): 59-6000372
DOCSTPDU: 10.200.00 SURrx 7,650.0
HARVEY RUVIN. CLERK OAllE COUNTY. F.
SPECIAL WARRANTY DEED
THIS INDENTURE, made this 9" day of May, 2001,
BETWEEN THEATRE REALTY, INC.. a Florida corporation, of 3195 Ponce de
Leon Boulevard, Coral Gables. Florida 33134, hereinafter Grantor' to CITY OF
MIAMI IlEAClI, FLORIDA, a municipal corporation, created and existing under 31,d
by virtuc of the laws of the State of Florida, 1700 Convention Center Dlive, Miami
Beach, Florida 33139, hereinafter Grantee',
WITNESSETH, That said gt1llllOr, for and in consideration of thc swn of ONE
MILLION SEVEN HUNDRED THOUSAND'(SJ,700,000_00)' Dollars, and orher good
and valuable consideraIions to said grantor in hand paid by said grantee, the receipt
whereof is hereby acknowledged, has granted, bargained 31,d sold to the said grantee, and
grantec's heirs and assigns forever, the following described land. situate, lying 31,d bcing
in Miami-Dade County, Florida, to-wit:
Lots 1,2, 11 and 12, in Block 14 and Lots I and 2, in Block 13,
of NORMANDY BEACH SOUTH, according to the PIal thereof.
as recorded in Plat Book 21, at Page 54, of the Public Records
of Miami-Dade County, Florida,
'.',
Su~jectto ad valorem real property taxes for the year 200 I and subsequent
years. local zoning ordinances and regulations, mailers set forth of record
common to the subdivisiou and/or block, casements for public utilities as set
forti, of public record,
.,'
and said Grantor covenants that at the time of delivery of this Deed the property is frce of
any encllmbrance made by the Grantor, and Grantor specially warrants the title to the
property, and will defend it against the lawful claims and demands of all persons claiming
by, through or under Grantor, but against none other.
*"Grantor" and "Grantee" arc used for singular or plural, as context requires.
IN WITNESS WHEREOF, Grantor has hereunto set grantor's hand and seal the day and
year first written above.
Signcd, scaled and deJiveJd in ou,' presence;
T~~~J~
By; Michae S_ Brown
s Its: President
(Seal)
2
Printe :
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STATE OF FLORIDA)
COUNTY OF MIAMI-DADE)
THE FOREGOING INSTRUMENT was acknowledged before lIle tltis 9 day of
May, 2001, by Michael S, Brown, as President of TI,eatre 0 is ersonany
known to me. .
.&"'" .. DAVlO".I</WJSE
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~AGHcK LELMAN VAN SANT
FAX NO. 3053742605
P. 03/04
eff: 1965BrG4991
RESOLUTION NO. 2001-24344
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLOlUDA., APPROPlUATING
51,530,000 FROM THE GENERAL FUND UNDESIGNATED FUND
BAI.ANCE, REPRESENTING THE BALANCE OF THE PURCHASE
PRICE REQUIRED PURSUANT TO THE CONTRACT FOR SALE
AND PURCHASE BETWEEN THEATRE REALTY, INC. AND THE
CITY OF MIAMI BEACH FOR THE ACQUISITION OF THE
'BYRON CARLYLE TREATER; Al'PROPRIATING 512,000 FROM
THE GENERAL FUND UNDESIGNATED FUND BALANCE FOR
ASSOCL\TED CLOSING COSTS; AND FURTIiER
APPROPRIATING 5500,000 FROM THE GENERAL FUND
UNDESIGNATED FUND BALANCE TO PERFORM THE
NECESSARY REPAIRS REQUIRED AT TllE THEATER UPON
ACQtJlSmON.
WHEREAS. on January 10,2001. the Mayor and City Commission adopted Resolution No.
2001-24229 appropriating 10% ofche 51.7 million purchase price, or 5170,000, to be deposited in
escrow pursuant to the Contract for Sale and Purchllse between Theat.... Realty, lnc. and the City of
Miami Beach for the acquisition ofilie Byron-Carlyle Theater; and
WHEREAS, on March 28,2001, the Mayor and City Commission adopted Resolution No.
2001-24313 authori:cing the acquisition of the Byron-Carlylc Theater pursuant to the contract for
Sale and Purchase between the City ofMi:nni Beach and Theatre Realty, Inc.; and
WHEREAS, additionally, closing costs estimated in the amOUlltnot 10 exceed 512,000. will
be required to pay for the title policy and other associated closing costs; and
WHEREAS, to accomplish said acquisition, it will also be necessary to appropriate an
additional $500,000 to replace the roof (5260,000), far generallighl maintCll3Ilce of the facility
($40,000), and to remodel the lobby arc.. to allow tempor.uy use with minUual air conditioning
improvements and one ADA compliant bathroom, and to ptDvide for exterior lighting to the building
($200,000); and
WHEREAS. the additional $500,000 appropriarlon will provide the funding necessary to
allow the facility to be open omd occupied in Ihc lobby area, if the City so deems appropriate; and
WH.EREAS, the l'Jogram Uses and Operational Comn>ittec will continue to meet to idenlilY
yiab]e altemaliye re-uses of the facility; and
WHEREAS. the City Admitrlstration will continue to explore and diligeqtly pursue funding
to enabl.. the renovation of the facility and at this time, the 5700,000 Quality of Life funding
commitment stands, but is inSufficient to complete the project; and
WHEREAS. as reported on March 28, :ZOO I , the total renovation cost approximates S5
million, of which otlly S700,OOO has been identified in addition to the 5500,000 appropriation
recommended herein.
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NOW THEREFORE, BE IT DULY RESOL YED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA. that the Mayor and City
Commission herein appropriate $1,530,000 from the General Fund Undesignated Fund Balance,
representing the balance of the purchase price required pursuant 10 the Contract for Sale and
purchase betWeen Theatre Realty, Inc. and the City o.(Miami Beach for the lll:quisirion oCthe Byron
Carlyle Theater; appropriaring,,$12,OOO from the General Fund Undesignated Fund Balance for
associated closing costs; and further appropriating $$00,000 from the General Fund Undesignated
Fund Balance to perf anD the necessmy repairs required at the thcater upon acquisition.
PASSED and ADOPTED this IS" day of April, 2001.
?!VLYOR
ATrEST:
~
CITY CLERK
]MG/CMClrar
't.\ACC\:tlO,t,.uaol\APIlIJ01\lr.CUl.A"~~_CIo.~
APPROVED JtS TO
FORM & LANGUAGE
.. FOR EXECUTION
STATE OF PLClfUDo\
COUNTY OF DADE:
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This'instrument prepared by or
under the supervision of:
Name: David M. Krause, Esq.
Krause I!z Baxter
80 SoW. 8'" Street, Suite #1920
Miami, Florida 33130
01R243197 2001 MAY 1115':
Propclty Appraisers Parcel Identification
(Folio) Numbcr(s): 02-3211-002-0950
02-3211-002-1070
Grantee(s) #(s): 59-6000372
OOCSTPDEE 10.200.00 SURTX 7.650.0
IlARVEl RUVIH. ClEfd\ 0AllE COUHTl. r.
SPECIAL WARRANTY DEED
THIS INDENTURE. made this 9. day of May, 2001,
BETWEEN THEATRE REALTY, INC.. a Florida cOI]loration, of 3195 Ponce de
Leon Boulevard, Coral Gables, Florida 33134, hereinafter Grantor" to CITY OF
MIAMI JlEACII. FLORIDA, a municipal cOI]loration, created and existing under and
by virtuc of the laws of the State of Florida, 1700 Convention Center Drive, Miami
Beach, Florida 33139, hercinafter Grantee',
WITNESSETH. That said grantor, for and in consideration of the swn of ONE
MILLlON SEVEN HUNDRED TIIOUSANO'(SI,700,OOO.00)' Dollars, and other good
and valuable considerations to said grantor in hand paid by said grantee, the receipt
wllereof is I,creby acknowledged. I,as granted, bargaincd and sold to the said grantee, and
grantee's heirs and assigns forever. the following described land, situatc, lying and bcing
in Miami-Dadc County, Florida, to-wit:
Lots I, 2, 11 and 12, in Block 14 and Lots I and 2, in Block 13,
of NORMANDY BEACH SOUTH, according to the Plat thereof,
as recorded in Plat Book 21, at Page 54, of the Public Records
of Miami-Dade County. Florida_
Su~iectto ad valorem real property taxes for the year 200 I and subsequent
years. local zoning ordinances and regulations. matters set forth of record
common to the subdivision andlor block, casements for public utilities as set
forth of public record.
~':
and said Grantor covenants that at the time of delivery of this Deed the property is free of
any encumbrance made by the Grantor, and GTantor specially warrants the title to the
property, and will defend it against the lawful claims and demands of all persons claiming
by, through or under Granto1", but against none other.
.'IGrantor" and IIGranteeU are used for singular or plural, as context requires.
IN WITNESS WHEREOF. Grantor I'as herew,to set grantor's hand and seal the day and
year first written above.
Signed, scaled and delivcJd in our presence:
~:?l{~
s Its: President
(Seal)
2
Printc ;
..+++ ..~.~~~*.~~........................................*........
STATE OF F1..0JUDA)
COUNTY OF MIAMI-DADE)
THE FOREGOING lNSTRUMENT was acknowledged before me tlus 9 day of
May, 200], by Michael S. Brown, as President ofTIlealre 10 is ersonally
known to me. .
DAVID M. MAUSE
UYCQf.U.l1SS1OH4CCcl36'5t
I!XPIRES:Jln15.2003
~f1....,-,P\MlE~'
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uvl-Ul-Ul nUN U(j;q(j ~n
~ACH~K LELMAN VAN SANT
FAX NO. 3053742605
P. 03/04
Rtf: /9658r&499/
RESOLUTION NO. ~OOl-24344
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF M1AMJ BEACH, FLORIDA. APPROPRIATING
$1,530,000 FROM THE GENER.~ FUND UNDESIGNATED FUND
BAI.ANCE, REPRli:SEN'I'ING THE BALANCE OF THE PURCHASE
PRICE REQUIRED PURSUANT TO THE CONTRACT FOR SALE
AND PURCHASl: Bl:TWEEN THEATRE REALTY, INC. AND TBE
CITY OF MIAMI BEACH FOR THE ACQUISITION OF TIlE
BYRON CARLYLE TREATER; Al'PROl'RIATING 512,000 FROM
THE GENERAL FUND UNDESIGNATED FUND BALANCE FOR
ASSOClA'l"ED CLOSING COSTS; AND FURTIiER
APPROPRIATING 5500,000 FROM THE GENERAL FUND
UNDESIGNATED FUND B.4.LANCE TO PERFORM THE
NECESSARY REPAIRS REQUIRED AT THE TIIEATER UPON
ACQtJISITION.
WHEREAS, onlanuary 10,2001, the Mayor and City Commission adopted Resolution No.
2001-24229 appropriating 10% of me 51.7 II1l11ion purchase price. or 5170,000. to be deposited in
escrow pursuant to the Contract for S31e and Purchase betwCCIl Theater Realty, lnc. and !he City of
Miami Beach for the acquisition ofthe Byron-Carlyle Theater; and
WHEREAS, on March 28,200 1, the Mayor and City Commission adopted Resolution No.
2001-24313 authorizing the acquisition of the Byron-Carlylc Theater pursuant to the contract for
Sale and Purchase belween lhe City of Miami Beach and Theatre Realty. Inc.; and
WHEREAS, additionally, closing costs estimated in the amount not 10 exceed 5]2,000, will
be required to pay fot' the title policy and other associated closing costs; and
WHEREAS, to accomplish said acquisition, it will also be necessazy 10 appropriate an
additional $500.000 to replace the roof (5260,000), for gcnera1light maintenance of the facility
(540,000), and to remodel the lobby area to allow temporary use with minimal air conditioning
itnptOvemenls and one ADA compliant bathroom, and to provide for exterior lighting to the building
($200,000); and
WHEREAS, the additional 5500,000 appropriation will provide tne funding necessary to
allow the facility 10 be opct\ and occupied in the lobby area, if the City so deClns appropriate; ;md
WHEREAS, the:Program US"" and Operational Committee will continue to meet 10 identify
viable altemalive rc-uses of the facility; and
WHEREAS, the City AcImi,;;,tration will continue to explore and diligeqtly pursue funding
to enabl.. the renovation of the facility and at this time, the 5700,000 Quality of Life funding
commitment stands, but is inSufficient to complete the project; and
Wfl'EREAS. as reported on March 28, 2001, the tolal renDvation COS! approximates 55
million. of which only $700,000 has been identified in addition to the $500,000 appropriation
recommended h<:rem.
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