2009-27069 ResoRESOLUTION NO. 2009-27069
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING
THE CITY MANAGER TO EXECUTE A LETTER AGREEMENT
BETWEEN THE CITY AND MYSTERY PARKS ARTS COMPANY, INC.
(D/B/A SOBE MUSIC INSTITUTE OR SMI) GRANTING SMI THE
TEMPORARY REVOCABLE USE OF THE LITTLE STAGE THEATER;
AND FURTHER CONCURRING WITH THE RECOMMENDATION OF
THE CITY'S FINANCE AND CITYWIDE PROJECTS COMMITTEE AT
ITS MAY 5, 2009 MEETING AND APPROVING AND APPROPRIATING
FUNDING, IN AN AMOUNT NOT TO EXCEED $10,000, FOR
ADDITIONAL CAPITAL ENHANCEMENTS TO THE THEATER, TO BE
MADE BY THE CITY, FROM PREVIOUSLY APPROPRIATED RDA
CITY CENTER FUND 365 FOR A/E SERVICES
WHEREAS, the Little Stage Theater, encompassing 2,295 square feet, is part of the
21St Street Community Center and is located west of Washington Avenue, east of Convention
Center Drive, north of the Miami Beach Convention Center, south of Dade Boulevard on a
tract of land along the Collins Canal; and
WHEREAS, the Little Stage Theater is a performing arts facility that includes an
assembly area, performing area and restrooms, which recently has undergone limited
improvements, for use during the interim of the execution of a master plan; and
WHEREAS, Mystery Parks Arts Company, Inc. (SMI) has indicated that they would
like to use the space as part of their summer programming; and
WHEREAS, SMI proposes to allow outside entities to rent the space for rehearsals
and/or performances based on a rent schedule approved by the City in writing while the City's
Parks Department retain a priority use of the space over any outside rental; and
WHEREAS, for use of the Little Stage Theater, SMI shall pay the City of Miami Beach
a monthly use fee of three hundred seventy two ($372.00) dollars in order to offset the City's
operating expenses; and
WHEREAS, on May 5, 2009, the Finance and Citywide Projects Committee
recommended the approval of a letter agreement, granting SMI the temporary revocable use
of the Theater, and further recommended allocating ten thousand ($10,000) dollars in funding
for additional capital enhancements to the Little Stage Theatre; and
WHEREAS, funding is available from previously appropriated RDA City Center Fund
365 for A/E services.
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 hereby approve and authorize the City Manager to execute a letter agreement
between the City and Mystery Parks Arts Company, Inc. (d/b/a SoBe Music Institute or SMI)
granting SMI the temporary revocable use the use of the Little Stage Theater; and further
concurring with the recommendation of the City's Finance and Citywide Projects Committee at
its May 5, 2009 meeting and approving and appropriating funding, in an amount not to exceed
$10,000, for additional capital enhancements to the Theater, to be made by the City, from
previously appropriated RDA City Center Fund 365 for A/E services.
PASSED and ADOPTED this 13th day of Mme, 2009.
ATTEST:
Robert Parcher, CITY CLERK Matti Her era Bower, MAYOR
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COMMISSION ITEM SUMMARY
CnnrlpncPd TitlP~
Request for approval of a temporary revocable permit agreement between the City and Mystery Parks Arts Co. Inc, d/b/a SoBe Music Institute,
for use of the Little Stage Theater, and authorizing $10,000 in additional funding for light, audio, and other improvements from previously
a ro riated RDA Cit Center Fund 365 for A/E services.
Ke Intended Outcome Su orted:
To Ensure Well-Maintained Facilities.
Supporting Data (Surveys, Environmental Scan, etc.): 83% of residents surveyed felt that recent capital improvement projects were either
excellent or ood.
Issue:
Should the Cit a rove the lease a reement?
item Summarytrcecommenaatron:
The Little Stage Theater is part of the 215` Street Community Center and is part of the City Center Neighborhood and is a performing arts facility
that includes an assembly area, performing area and restrooms. The facility has been closed and in disrepair, leaving it unusable for the past
several years. Improvements to the Little Stage Theater have been discussed as part of the overall master plan for the "campus" that includes
the Carl Fisher Clubhouse, old "bandshell" area and plaza area. On December 10, 2008, the Finance and Citywide Projects Committee
approved short term improvements to the Little Stage Theater to make the space usable. A total of up to $25,000 was identified for these limited
improvements. The improvements were incorporated as a maintenance project with funding from the A/E portion of the comprehensive master
plan of the Little Stage Theater. The improvements have been completed.
At its December meeting, the FCWPC requested SMI's assistance in identifying the repairs to the theater that would make the space usable.
SMI had indicated that they would like to use the space as part of their summer programming (as well as regular programming) and planned a
fundraiser on Friday, May 15, 2009. Based on these timing issues, at its May meeting, the item was discussed and approved by the FCWPC
with a recommendation to move the agreement forward to the City Commission for retroactive approval. On October 17, 2007, the Mayor and
City Commission approved the issuance of RFP No. 03-07/08 for use of the Carl Fisher Clubhouse to provide cultural programming. The RFP
did not include the adjacent Little Stage Theater. On June 25, 2008, the Mayor and City Commission adopted Resolution No. 2008-26835,
accepting the recommendation of the City Manager and authorizing the Administration to enter into negotiations with the top ranked proposer
resulting in a Lease Agreement with SMI for an initial term of one (1) year commencing retroactively on September 1, 2008, and ending on
August 31, 2009, with an additional one (1) year renewal term. The SMI current pays $500.00 monthly to the City for use only of the Carl Fisher
Clubhouse. SMI retains all revenue charged to participants. The City requires that SMI have a goal that 30% of all participants must be income
eligible and majority must be City residents. Fees are either waived or reduced for students who are income eligible.
The City had been approached by SMI for the management and use of the adjacent Little Stage Theater forthe purpose of conducting education
programs professional performances, general events, and for such other related use(s) necessary to operate and maintain the program. SMI is
required to meet with the Parks Department prior to the beginning of each quarter to review scheduling and availability to the Parks Department
for City programming, as may be needed and space available, with priority for the Parks Department use over third party rentals/use. The
primary use of the facility is to be cultural programming. The attached Letter Agreement is submitted for the Commission's approval. This will
allow SMI to utilize and manage the space through August 31, 2009 and staff to develop an amendment to the Lease Agreement with SMI for
the Carl Fisher Clubhouse to incorporate the Little Stage Theater as part of the Demised Premises for the lease renewal term.
SMI proposes to allow outside entities to rent the space for rehearsals and/or performances based on a rent schedule to be submitted by SMI
and approved by the City. Staff recommends that the City receive 15% of any gross revenues derived from the rentals. SMI will comply with all
insurance requirements of the City. For use of the 2, 295 square foot facility, SMI will pay the City a monthly use fee of $372.00 dollars in order
to offset the City's operating expenses (i.e. electric, water, sewer and garbage removal costs). This cost of $1.95 per square foot is
commensurate with what SMI is currently paying in operating expenses at the Carl Fisher Clubhouse.
On May 5, 2009, the FCWCP Committee also approved an additional $10,000 from the A/E funding to complete other repairs, such as lighting,
audio, seating, etc., from previously appropriated RDA City Center Fund 365 for A/E services.
The Administration recommends approval of the Letter Agreement with Mystery Parks Arts d/b/a SoBe Music Institute for use of the Little Stage
Adviso Board Recommendation:
Ma 5, 2009 Finance and Cit ide Projects Committee recommended a rovin the Letter A reement and additional fundin .
Financial Information:
Source of Amount Account
Funds: n/a 1 $10,000 365-2654-061357
Financial I p t Summary:
Ci Clerk's Office Le islative Trackin
Ana Cecilia Velasco extension 6727
Sign-Offs:
Department Director Assi t City Manager City Manager
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City of Miami BeacF~, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
To: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: May 13, 2009
sua~ECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A LETTER AGREEMENT BETWEEN THE CITY
AND MYSTERY PARKS ARTS COMPANY, INC. (D/B/A SOBE MUSIC
INSTITUTE OR SMI) GRANTING SMI THE TEMPORARY REVOCABLE
USE OF THE LITTLE STAGE THEATER; AND FURTHER CONCURRING
WITH THE RECOMMENDATION OF THE CITY'S FINANCE AND
CITYWIDE PROJECTS COMMITTEE AT ITS MAY 5, 2009 MEETING AND
APPROVING AND APPROPRIATING FUNDING, IN AN AMOUNT NOT TO
EXCEED $10,000, FOR ADDITIONAL CAPITAL ENHANCEMENTS TO THE
THEATER, TO BE MADE BY THE CITY, FROM PREVIOUSLY
APPROPRIATED RDA CITY CENTER FUND 365 FOR A/E SERVICES.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
The Little Stage Theater is part of the 21St Street Community Center. It is located west
of Washington Avenue, east of Convention Center Drive, north of the Miami Beach
Convention Center, south of Dade Boulevard on a tract of land along the Collins Canal.
On the southeastern portion of the site, along Washington Avenue, is the Parks and
Recreation Center, which houses the main offices of the Parks and Recreation
Department. The Community Center site is zoned "CCC"- Convention Center District,
and is part of the City Center Neighborhood. The Carl Fisher Clubhouse, designed by
August (Gus) Geiger, is one of the oldest buildings still standing in the City. It was built
in 1916 / 1917, as part of Carl Fisher's private executive golf course. In 1937, the Little
Acorn Theater designed by Robert A. Taylor, was added to the site (often referred to as
the "Little Stage Theater"). The bandshell was later added to the site in the 1950s. As
per Resolution No. 83-17323, adopted on April 20, 1983, and City of Miami Beach
Ordinance No. 84-2402, the 21St Street Community Center became a designated
historic preservation site. The 21St Street Community Center includes all the above
facilities.
The Little Stage Theater is a performing arts facility that includes an assembly area,
performing area and restrooms. The facility has been closed and in disrepair, leaving it
unusable for the past several years. Improvements to the Little Stage Theater have
been discussed as part of the overall master plan for the "campus" that includes the
Carl Fisher Clubhouse, old "bandshell" area and plaza area. On December 10, 2008,
the Finance and Citywide Projects Committee approved short term improvements to the
Little Stage Theater to make the space usable during the pendancy of the master plan
process. A total of up to $25,000 was identified for these limited improvements. The
improvements were incorporated as a maintenance project with funding from the A/E
portion of the comprehensive master plan of the Little Stage Theater. The following
improvements have been completed: removal of the chairs and stage, addition of a new
air conditioning unit, leveling of the floor to concrete, painting of the interior, repair of the
windows, replacement of the doors, repair of the building lighting, and repair and
retrofitting of the restrooms.
At its December meeting, the Finance and Citywide Projects Committee requested
SMI's assistance in identifying the repairs to the theater that would make the space
usable. SMI has indicated that they would like to use the space as part of their summer
programming (as well as regular programming). Additionally, they have planned a
fundraiser to be held at the site on Friday, May 15, 2009. Based on these timing issues,
at its May meeting, the item was discussed and approved by the Finance and Citywide
Projects Committee with a recommendation to move the proposed letter agreement for
a term expiring on August 31, 2009 forward to the City Commission for approval and for
staff to develop an amendment to the Lease Agreement with SMI for the Carl Fisher
Clubhouse to incorporate the Little Stage Theater as part of the Demised Premises for
the renewal period that begins September 1, 2009.
On October 17, 2007, the Mayor and City Commission approved the issuance of
Request for Proposals (RFP) No. 03-07/08 for use of the Carl Fisher Clubhouse to
provide cultural programming for the residents of the City of Miami Beach. The RFP did
not include the adjacent Little Stage Theater. On June 25, 2008, the Mayor and City
Commission adopted Resolution No. 2008-26835, accepting the recommendation of the
City Manager and authorizing the Administration to enter into negotiations with the top
ranked proposer. The Administration negotiated a Lease Agreement with SoBe Music
Institute (herein after SMI), for an initial term of one (1) year commencing retroactively
on September 1, 2008, and ending on August 31, 2009, with an additional one (1) year
renewal term, at the City's sole discretion. The SMI current pays five hundred ($500.00)
dollars as monthly payment to the City for use only of the Carl Fisher Clubhouse. SMI
retains all revenue charged to participants. Pursuant to the stipulations in the original
Letter Agreement for the Carl Fisher Clubhouse, the City requires that SMI have a goal
that 30% of all participants must be income eligible and majority must be City residents.
Fees are either waived or reduced for students who are income eligible.
The City had been approached by SMI for the management and use of the adjacent
Little Stage Theater for the purpose of conducting education programs (i.e. film
workshops, theater/dance programs and arts/acting/music classes & lessons)
professional performances (i.e. music concerts, lecture/demonstrations, multidisciplinary
& theatrical productions), general events (i.e. community collaborations, fundraising
events and student performances), and for such other related use(s) necessary to
operate and maintain the program. SMI is required to meet with the Parks Department
prior to the beginning of each quarter to review scheduling and availability to the Parks
Department for City programming, as may be needed and space available, with priority
for Parks Department use over third party rentals. It was further recommended by the
Committee that primary use of the facility be for cultural programming (performances),
and not recreational programming, and that the City's Asset Management Division, in
tandem with the Tourism and Cultural Development Department, be designated the
primary agreement/lease managers.
The attached proposed Letter Agreement is submitted for the Commission's approval.
This Letter Agreement will allow SMI to utilize and manage the space through August
31, 2009, which is coterminous with the Lease Agreement with SMI for the Carl Fisher
Clubhouse, to provide sufficient time to develop an amendment to the Demised
Premises of the Lease Agreement for the Carl Fisher Clubhouse to incorporate the Little
Stage Theater. SMI proposes to allow outside entities to rent the space for rehearsals
and/or performances based on a rent schedule to be submitted by SMI and approved by
the City in writing. The staff recommends that the City receive fifteen (15%) percent of
any gross revenues derived from the third party rentals. Additionally, the City's Parks
Department will retain a priority use of the space over any outside rental. SMI will
comply with all insurance requirements of the City. It is agreed by the parties that SMI shall
not occupy the Premises until proof of the appropriate insurance coverages) has been
furnished to and approved by the City's Risk Manager. For use of the 2, 295 square foot
facility, SMI will pay the City a monthly use fee of three hundred seventy two ($372.00)
dollars in order to offset the City's operating expenses (i.e. electric, water, sewer and
garbage removal costs). This cost of $1.95 per square foot is commensurate with what
SMI is currently paying in operating expenses at the Carl Fisher Clubhouse.
Additionally, the Committee recommended allocating an additional $10,000 from
previously appropriated RDA City Center Fund 365 for A/E services to address
outstanding items, including but not limited to stage lighting, audio and seating.
CONCLUSION
The administration is recommending that the City Commission proceed with a
temporary revocable Agreement with SMI, and allow SMI to utilize the space pending
the development of an amendment to the Lease Agreement with SMI for the Carl Fisher
Clubhouse to incorporate the Little Stage Theater, and allocate $10,000 in funding from
previously appropriated RDA City Center Fund 365 for A/E services as recommended
by the Committee to complete repairs to make the space functional as performance
space.
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