97-22281 RESO
RESOLUTION NO.
97-22281
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA,
AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AMENDMENT TO THAT CERTAIN LETTER AGREEMENT,
DATED DECEMBER 10,1996, BETWEEN THE CITY AND
STERLING MIAMI BEACH THEATER ASSOCIATES, LTD.
(STERLING), REGARDING THE DESIGNATION OF
STERLING FOR NEGOTIATION OF ITS RESPONSE TO
REQUEST FOR PROPOSALS NO. 104-95/96, FOR A
MULTIPLEX MOVIE THEATER ON LINCOLN ROAD (RFP);
SAID AMENDMENT EXTENDING THE TIME PERIOD BY
WHICH THE CITY IS REQUIRED TO EITHER COMMENCE
NEGOTIATIONS WITH STERLING, OR REJECT THE
PROPOSALS SUBMITTED BY STERLING IN RESPONSE TO
THE RFP, BY 120 DAYS, THEREBY EXTENDING THE
DEADLINE FROM FEBRUARY 6,1997 TO JUNE 7,1997.
WHEREAS, on November 6, 1996, the Mayor and City Commission selected the propOSi 1
submitted by Sterling Miami Beach Theater Associates, Ltd. (Sterling), as the sole respondent 1)
City of Miami Beach Request for Proposal No. 104-95/96 for a multiplex movie theater on Lineoll
Road (RFP); and
WHEREAS, the Mayor and City Commission's designation of Sterling's proposal f( r
purposes of negotiation, was subject to certain terms and conditions as specified in that certain Ldtt. r
Agreement entered into between the City and Sterling, dated December 10, 1996, and attached c S
Exhibit A hereto; and
WHEREAS, pursuant to the terms and conditions of said Letter Agreement, if the Cit~" i 1
its sole discretion, for any reason or for no reason, decides not to commence negotiations on or I,ri( r
to February 6, 1997, the City may reject Sterling's proposal and terminate the entire transactio 1
without any resultant liability to the City; and
WHEREAS, coinciding with the Mayor and City Commission's designation ofthe Sterlin.~
proposal for purposes of negotiation on November 6, 1996, LRI of South Florida, Ltd. and Fine str 1
Real Estate Development Corporation (collectively, Developer) proposed an entirely private miJ~ec-
use multi-screen cinema/retail project which would require no public assistance other than th~
vacation of a portion of South Lincoln Lane, said vacation also approved by the Mayor and Cit /
Commission on November 6, 1996; and
WHEREAS, pursuant to a request from Sterling seeking an extension of the deadline b /
which the City may reject Sterling's proposal and terminate the transaction, the Administra:io 1
would recommend that the Mayor and City Commission herein authorize the City Manager t)
execute an amendment to the December 10, 1996 Letter Agreement, granting Sterling a 120 da I
extension, commencing on February 6, 1997 and ending on June 7, 1997; and
WHEREAS, the Administration further recommends that the granting of said 120 de y
extension would not only keep the City's options open with respect to insuring a movie thf:atl:r
development on Lincoln Road, but also provide an incentive to the Developer to continue to pm:e( d
timely with its project.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CIIT {
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, authorizing the City Manag,:r
to execute an amendment to that certain Letter Agreement, dated December 10, 1996, between tl e
City and Sterling Miami Beach Theater Associates, Ltd. (Sterling), regarding the designation (,f
Sterling for negotiation of its response to Request for Proposals No. 104-95/96, for a multipl( x
movie theater on Lincoln Road (RFP); said amendment extending the time period by which the Ci' Y
is required to either commence negotiations with Sterling, or reject the proposals submitted t y
Sterling in response to the RFP, by 120 days, thereby extending the deadline from February 6, ] 95 7
to June 7, 1997.
PASSED and ADOPTED this 5th
A~6- PlVL~ MAYOR
CITY CLERK
F:\A TTOIAGURIRESOLUTNlSTERLIG2.REJ
APPROVED /itS TO
fORM & LANGUAGE
& FOR EXecUTION
1~ .1::1l:~
AttOrney om..:
OFFICE OF THE CITY A TTOANEY
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MURRAY H. DUBBIN
City Attorney
Telephone:
Telecopy:
(~05) 673-7470
(~05) 673-7002
December 10, 1996
Alberto Cardenas, Esq.
Tew & Beasley
201 So. Biscayne Blvd.
Suite 2600
Miami, Florida 33131
Re: Request for Proposals No. 104-95/96 (Multi-Plex Movie Theater on Lincoln Roa:l)
(the RFP)
Dear Mr. Cardenas:
This letter agreement shall confirm the understanding between the City of Miami Bea,:h
(City) and Sterling Theater Associates, Ltd. (Sterling) with regard to the action taken as to the abo re
referenced RFP by the Mayor and City Commission at their regular meeting of November 6, 1995.
As adopted by the Mayor and City Commission on November 6, 1996, the City desigllat~s
Sterling for negotiation of its response to the RFP (Proposal), subject to the following condition,:
1. The City is in no way required or obligated to commence
negotiations with Sterling before February 6, 1997.
2. If the City, in its sole discretion, for any reason or for no
reason decides not to commence negotiations with Sterling on
February 6, 1997, then the City can reject the Proposal and
terminate the entire transaction without any resultant liability
to the City. The City must advise Sterling, in writing, on or
prior to February 6, 1997, if it decides not to commence
negotiations.
3. If the City decides to proceed with negotiations with Sterling
on February 6, 1997, then the City and Sterling may proceed
to negotiate any of the business terms of the Proposal without
reservation. Notwithstanding the above, if the parties are
unable to negotiate a final agreement, the negotiations shall
be concluded, the transaction terminated, and the City and
EXHIBIT A
1700 Convention Center Drive -- Fourth Floor - Miami Beach, Florida 33139
--'
Alberto Cardenas, Esq.
December 10, 1996
Page Two
4. The City and Sterling herein reaffirm, ratify, and
incorporate by reference the Disclosure and
Disclaimer form at pages 15-17 of the RFP, and as
executed by Sterling as a required submission in its
Proposal. Sterling herein reaffirms that it shall
continue to be bound by the terms of the executed
Disclosure and Disclaimer form submitted in its
Proposal.
If the foregoing terms and conditions confirm the agreement between the City and Sterli 19,
please have Sterling execute the attached three (3) original copies in the space provided helc w.
Upon execution by the City, a fully executed copy will be provided to you.
Thank you for your anticipated cooperation and continued professional courtesy.
Sincerely,
~u~
. City Attorney
City of Miami Beach
F:IATTOIAGURILETIERS\CARDENS2,RFP
Office of the City Attorney -- 1700 Convention Center Drive -- Fourth Floor -- Miami Beach, FL 3313S
TEW & BEASLEY, L.L.P.
0.' I III )
:J I ~!Jdi 0 I
MIAMI CENTER 26TH FLOOR
. 201 SOUTH BISCAYNE BOULEVARD
MIAMI, FLORIDA 33131-4336
f".' ,/"'. 0"l
I'..! U: ..,JrELEPHONE (305) 536-1112
FACSIMILE (305) 536-1116
PALM BEACH OFFI':E
COMEAU BUILDING. SUI1E Ie 100
319 CLEMATIS STREI:T
WEST PALM BEACH, FLORIDA:: 34. 1I-4624
TELEPHONE 15611835-'20 )
FACSIMILE (561) 835-1 0'4,
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I., I r I' j /\ 'J.
WRITER'S DIRECT LINE OFFICf
539-2480
January 30, 1997
Mr. Jose Garcia-Pedrosa
City Manager
1700 Convention Center Drive
Miami Beach, Fl 3313 9
RE: RFP No. 104-95/96
Dear Mr. Garcia-Pedrosa:
This letter shall confmn that the agreement dated December 10, 1996 between the Cit) of
Miami Beach and Sterling Theater Associates, Ltd. will be extended, by mutual consent, for a tl
additional period of 120 days. All terms and conditions will remain as indicated in the origina -
agreement, a copy of which is attached hereto and made a part hereof.
Kindly execute this letter thereby approving our agreement.
-
AGREED AND APPROVED this
day of January, 1997
:~teS,Ltd.
Alberto R. Cardenas, Esq.
City of Miami Beach
By: see attached for signature
Jose Garcia-Pedrosa
City Manager
TEW & BEASLEY, L.L.P.
:} . r MIAMI CENTER 26TH FLOOR
.i " " '." ~ ' ;
, . ""-" 201 SOUTH BISCAYNE BOULEVARD
97 JM./ ')1 A' . MIAMI,FLORIDA33131-4336
,.; A 10. 03-ELEPHONE (305) 536-1112
CITY I'Lr...ti,u.G~:~i'S FACSIMILE (305) 536-1116
WRITER'S DIRECT LINE OFFICf I..' \ ,
539-2480
January 30, 1997
Mr. Jose Garcia-Pedrosa
City Manager
1700 Convention Center Drive
Miami Beach, FI 3313 9
RE: RFP No. 104-95/96
Dear Mr. Garcia-Pedrosa:
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PALM BEACH OFFICE
COMEAU BUILDING' SUIT: le::>o
319 CLEMATIS STREET
WEST PALM BEACH, FLORIDA 334( 1-4624
TELEPHONE 15611 B35-420('
FACSIMILE 15611 835-1<:42
This letter shall confmn that the agreement dated December 10, 1996 between the City of
Miami Beach and Sterling Theater Associates, Ltd. will be extended, by mutual consent, fOJ alll
additional period of 120 days. All terms and conditions will remain as indicated in the original
agreement, a copy of which is attached hereto and made a part hereof.
Kindly execute this letter thereby approving our agreement.
f2s
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dayof-lAfluuty, 199/'~/" ~~/o,..... 71
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City of Miami Zh ~ )u-.., (2.?v' --
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By: r ~ ~4et.,.-
ose Garcia-Pedrosa
City Manager
AGREED AND APPROVED this
~teS,Ltd.
Alberto R. Cardenas, Esq.
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
TO:
FROM:
SUBJECT:
COMMISSION MEMORANDUM NO. -, \ - Cil
Mayor Seymour Gelber and
Memben of the City Commission
DATE: February 5, 19 ~ 7
Jose Garcia-Pedrosa
City Manager
A RESOLUTIO OF THE MAYOR AND CITY COMMISSION OF TEll
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CIT\
MANAGER TO EXECUTE AN AMENDMENT TO THAT CERTAIl'
LETTER AGREEMENT, DATED DECEMBER 10,1996, BETWEEN THI
CITY OF MIAMI BEACH (CITY) AND STERLING MIAMI BEACE
THEATER ASSOCIATES, LTD. (STERLING), REGARDING THI
DESIGNATION OF STERLING FOR NEGOTIATION OF ITS RESPONSI
TO REQUEST FOR PROPOSALS NO. 104-95/96 FOR A MULTIPLE~
MOVIE THEATER ON LINCOLN ROAD (RFP); EXTENDING THE TIl'1E
PERIOD BY WHICH THE CITY IS REQillRED TO EITHER COMMENCE
NEGOTIATIONS WITH STERLING, OR REJECT THE PROPOSAl
SUBMITTED BY STERLING IN RESPONSE TO THE RFP, BY 120 DAYS:
THEREBY EXTENDING THE DEADLINE FROM FEBRUARY 6, 1997 TO
JUNE 17, 1997.
ADMINISTRATION RECOMMENDATION:
It is recommended the Mayor and City Commission of the City of Miami Beach, Florida adopt lhe
attached resolution.
BACKGROUND
On November 6, 1996, the City Commission approved in concept, the proposal submitted by
Sterling Miami Beach Theater Associates, Ltd., (Sterling), the sole proposer to City of Miami BeG.ch
Request for Proposals No. 104-95/96 for a Multiplex Movie Theater on Lincoln Road (RFP). The
designation of Sterling's proposal for negotiations was subject to certain conditions specified ill a
Letter Agreement between the City of Miami Beach and Sterling, executed on December : 0,
1996., a copy of which is attached to the Resolution. In essence, the agreement allows the City until
February 6, 1997, to commence negotiations with Sterling, or to reject Sterling's proposal, at 1he
City's sole discretion, for any or for no reason, and to terminate the entire transaction without any
liability to the City. .
AGENDA ITEM c.. 1 .: ~
DATE '2.- 63. L-
ANALYSIS:
Coinciding with the designation of Sterling's proposal for negotiations on November 6, 1996, th:
City Commission also adopted a resolution approving the vacation of a portion of Lincoln Lilli'
separating the two parcels comprising LRI/Finestra's South Beach Cinema project. Approval of 'hi.
resolution cleared the way for an entirely private development project to occur at virtually no c os
and significant benefit to the City.
The decision to proceed with negotiations with Sterling for the development of their theater projec
on two City-owned lots rested upon the progress of LRI/Finestra's project over the next feV\
months. On December 11, 1996 and January 15, 1997, LRl/Finestra delivered two in a serie~ OJ
monthly project-update reports to the City Commission, indicating that their South Beach Cinenc
Theater project is indeed actively moving forward.
On January 29, 1997, representatives from Sterling met with the Administration to seek an
extension on the City's option to reject their proposal. The Administration is of the opinion that
granting a l20-day extension to the February 6th deadline, set forth in the December 10th Letter
Agreement, would not only keep the City's options open with respects to ensuring a movie theater
development on Lincoln Road, but would also maintain pressure on LRl/Finestra to proceed without
delay on their project.
Conclusion
The proposed amendment to the December 10th Letter Agreement between the City and Sterlilg
contains exactly the same protective provisions as the original, giving the City the option of
entering into negotiations with Sterling, or to reject Sterling's proposal, at the City's sole discretic,n,
for any or for no reason and to terminate the entire transaction without any liability to the City witbn
120 days of the February 6th deadline currently set forth in the December 10th Letter Agreement
(on or qefore June 17, 1997).
JGP ~kOb
Attachment