Resolution 2009-27278RESOLUTION NO. 2009-27278
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH APPROVING AMENDMENT NO. 1
TO THE MANAGEMENT AGREEMENT BETWEEN THE CITY
AND LIVE NATION WORLDWIDE, INC., (DATED JUNE 22, 2007)
FOR THE JACKIE GLEASON THEATER OF THE PERFORMING
ARTS; ALLOWING FORA "TRIAL PERIOD" TO PERMIT LIVE
NATION TO SERVE AND SELL FOOD AND BEVERAGES,
INCLUDING ALCOHOL, AT THE FILLMORE MIAMI BEACH AT
THE JACKIE GLEASON THEATER OF THE PERFORMING
ARTS, DURING EXTENDED HOURS OF OPERATION, SUBJECT
TO THE CONDITIONS SET FORTH IN THE AMENDMENT.
WHEREAS, on June 22, 2007, the City entered into an Agreement with Live
Nation Worldwide, Inc. (Live Nation) to manage the Jackie Gleason Theater of the
Performing Arts, now named and known as the Fillmore Miami Beach at the Jackie
Gleason Theater (the Venue), with an initial term of ten (10) years, commencing on
June 22, 2007, and ending on August 31, 2017 (the "Agreement"), and
WHEREAS, Section 2.1(b) of the Agreement restricts Live Nation from serving
food or beverages after midnight; and
WHEREAS, Live Nation has requested an amendment to the aforestated food
and beverage restriction as there are a number of potential events it has been unable to
book (due to this restriction); and
WHEREAS, on December 16, 2008, the City's Finance Committee discussed
Live Nation's request, and recommended approval of a trial period, where Live Nation
would be permitted to extend hours of operation and liquor sales at the Venue, subject
to certain conditions; and
WHEREAS, at its meeting on December 9, 2009, the City Commission
considered the Finance Committee's recommendation and recommended that the City
approve an Amendment to the Agreement, allowing for the aforestated conditions
subject to the following conditions:
1. Any sale, distribution, and or service of food and beverages, including
alcohol, at the Venue shall cease at no later than 2:00 AM.
2. The Venue will be closed to the public no later than 3:00 AM; accordingly,
all patrons within the venue should also leave by 3:00 AM.
3. No DJ performances shall be allowed.
4. Live Nation shall provide the City Manager or his/her authorized designee
with a written progress report halfway through the trial period, or July 1,
2010.
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 Mayor and City Clerk to execute
Amendment No.1 to the Agreement with City of Miami Beach and Live Nation
Worldwide, Inc., dated June 22, 2007, for the Jackie Gleason Theater of the Performing
Arts allowing for a trial period to permit Live Nation to serve and sell food and
beverages, including alcohol, at the Fillmore Miami Beach at the Jackie Gleason
Theater of the Performing Arts, during extended hours of operation, subject to the
conditions set forth in the Amendment.
PASSED AND ADOPTED this 9th day of December, 2009.
A st: MAYO
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CITY CLERK
T:\AGENDA\2009\December 9\Consent\Live Nation Amendment No 1 RESO.doc
APPROVED A3 TO
FORM & LANGUAGE
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City Att6r'ney Date