2015-28942 Reso RESOLUTION NO. 2015-28942
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AMENDMENT NO.1 TO LEASE AGREEMENT
BETWEEN THE CITY AND MIAMI BEACH FILM SOCIETY, INC. D/B/A MIAMI
BEACH CINEMATHEQUE, DATED DECEMBER 9, 2009, FOR THE USE OF
APPROXIMATELY 2,523 SQUARE FEET OF CITY-OWNED PROPERTY,
LOCATED AT 1130 WASHINGTON AVENUE, FIRST FLOOR SOUTH, MIAMI
BEACH, FLORIDA (PREMISES); SAID AMENDMENT ALLOWING FOR
ALCOHOL SALES FOR CONSUMPTION AT THE PREMISES, AS PERMITTED
UNDER RESOLUTION NO. 2014-28790; AND FURTHER PROVIDING FOR
THE PROHIBITION OF THE SALE OR USE OF EXPANDED POLYSTYRENE
FOOD SERVICE ARTICLES AT THE PREMISES.
WHEREAS, on December 9, 2009, the Mayor and the City Commission adopted Resolution
No. 2009-27282, approving that certain Lease Agreement (the "Lease Agreement") between the
City and Miami Beach Film Society, Inc. d/b/a/ Miami Beach Cinematheque, for approximately
2,523 square feet of ground floor space in the City-owned building known as Historic City Hall,
located at 1130 Washington Avenue, Miami Beach, Florida; and
WHEREAS, the Lease Agreement was for an initial term of three (3) years, commencing on
March 1, 2010 and terminating on February 28, 2013, with two (2) additional three (3) year renewal
terms; and
WHEREAS, on November 25, 2012, Tenant exercised its first renewal option, commencing on
March 1, 2013 and terminating on February 28, 2016; and
WHEREAS, on October 22, 2014, the Mayor and the City Commission adopted Resolution No.
2014-28790, allowing for alcohol sales for consumption on site for 0 Cinema Theatre at the Byron
Carlyle Theater and for Miami Beach Cinematheque at Historic City Hall; and
WHEREAS, On July 23, 2014, the Mayor and the City Commission adopted Ordinance No.
2014-3884, creating Section 82-7 of the City Code, providing for the prohibition of the sale or use
of expanded polystyrene food service articles by City contractors, in connection with any City
contract, lease, concession agreement or special event permit; and
WHEREAS, the Administration recommends the approval of Amendment No. 1 to Lease
Agreement, allowing Cinematheque to offer alcohol sales for consumption at the Premises; and
further providing for the prohibition of the sale or use of expanded polystyrene food service articles
at the Premises, substantially in the form attached hereto and incorporated herein as "Exhibit 1".
NOW, THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, hereby approve and authorize the
Mayor and City Clerk to execute Amendment No. 1 to Lease Agreement between the City and
Miami Beach Film Society, Inc. d/b/a Miami Beach Cinematheque, dated December 9, 2009, for
the use of approximately 2,523 square feet of City-owned property, located at 1130 Washington
Avenue, First Floor South, Miami Beach, Florida (Premises); said Amendment allowing for alcohol
sales for consumption at the Premises, as permitted under Resolution No. 2014-28790; and further
providing for the prohibition of the sale or use of expanded polystyrene food service articles at the
Premises.
PASSED and ADOPTED this 11 day of Mar Chi 2015.
ATTEST:
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APPROVED AS TO
FORM & LANGUAGE
&F R EXECUTION
City Attorney -67,7-
AMENDMENT NO. 1 TO LEASE AGREEMENT
This Amendment No. 1 to Lease Agreement is entered into this day of
, 2015 by and between the CITY OF MIAMI BEACH, a Florida
municipal corporation, (hereinafter referred to as "City" or "Landlord"), and MIAMI
BEACH FILM SOCIETY, INC. (d/b/a Miami Beach Cinematheque), a Florida not-for-
profit corporation, (hereinafter referred to as "Tenant").
WITNESSETH:
WHEREAS, on December 9, 2009, the Mayor and the City Commission adopted
Resolution No. 2009-27282, approving that certain Lease Agreement (the "Lease
Agreement") between the City and Miami Beach Film Society, Inc. d/b/a/ Miami Beach
Cinematheque, for approximately 2,523 square feet of ground floor space in the City-
owned building known as Historic City Hall, located at 1130 Washington Avenue, Miami
Beach, Florida; and
WHEREAS, the Lease Agreement was for an initial term of three (3) years,
commencing on March 1, 2010 and terminating on February 28, 2013, with two (2)
additional three (3) year renewal terms; and
WHEREAS, on November 25, 2012, Tenant exercised its first renewal option,
commencing on March 1, 2013 and terminating on February 28, 2016; and
WHEREAS on October 22, 2014, the Mayor and the City Commission adopted
Resolution No. 2014-28790, allowing for alcohol sales for consumption on site for 0
Cinema Theatre at the Byron Carlyle Theater and for Miami Beach Cinematheque at
Historic City Hall; and
WHEREAS On July 23, 2014, the Mayor and the City Commission adopted
Ordinance No. 2014-3884, creating Section 82-7 of the City Code, providing for the
prohibition of the sale or use of expanded polystyrene food service articles by City
contractors, in connection with any City contract, lease, concession agreement or
special event permit; and
NOW THEREFORE, the City and Tenant, for and in consideration of the mutual
covenants, agreements and undertakings herein contained, do by these presents
mutually covenant and agree to amend the Lease Agreement, as follows:
1. Subsection 7.2, on page 5 of the Lease Agreement, shall be amended (deleted
items struck through and inserted items underlined) as follows:
7.2 It is understood and agreed that the Demised Premises shall be used by
the Tenant during the Term of this Agreement only for the above
EXHIBIT
directly or indirectly, is forbidden by law, ordinance or government
regulation, or that may be dangerous to life, limb or property. Tenant may.
-- - .. ..• .- - -_ ..• _ e - . _ ._ .. -e - _.. - -- -- --• --
use of the Demised Premises for any illegal purposes; nor commit a
Demised Premises (or otherwise allows the Demised Premises to be
this Agreement in default pursuant to Section 18 or, without notice to
Tenant, restrain such improper use by injunction or other legal action.
7.2 Prohibited Uses:
It is understood and agreed that the Facility shall be used by Tenant
during the term of the Lease Agreement only for the permitted uses set
forth in subsection 7.1, and for no other purposes or uses
whatsoever. Notwithstanding anything contained in subsection 7.1, or any
other term or condition of this Lease Agreement: (1) Tenant will not make
or permit any use of the Demised Premises that, directly or indirectly, is
forbidden by any Governmental Requirement, or that may be dangerous
to life, limb or property; (2) Tenant shall not present for observation by
patrons motion pictures, films, or video media, distinguished or
characterized by an emphasis on matter depicting, describing or relating
to sexual conduct or specified anatomical areas ("Adult Motion Picture
Theater"); (3) Tenant shall not sell books, magazines, periodicals or other
printed matter; photographs, films, motion pictures, videocassettes, slides
or other visual representations; recordings, other audio matter; and
novelties or devices; which have as their primary or dominant theme
subject matter depicting, exhibiting, illustrating, describing or relating to
sexual conduct or specified anatomical areas ("Adult Materials"); and (4)
Tenant may not commit waste on the Demised Premises, use the
Demised Premises for any illegal purpose, commit a nuisance on the
Demised Premises, or allow any toxic, hazardous or dangerous substance
to be brought into the Demised Premises or stored therein (other than
small quantities of materials customarily used in the operation of a live
theatrical performance venue, which shall be used and stored in
compliance with applicable law). In the event that Tenant uses the
Demised Premises for any purposes not expressly permitted herein, then
the City, through its City Manager, may declare this Lease Agreement in
default and, in addition to all other remedies available to City, restrain
such improper use by injunction or other legal action, with or without
notice to Tenant.
2. A new subsection 7.4, in section 7, entitled "Use and Possession of Demised
Premises", shall be inserted (inserted items underlined) as follows:
7.4 Beer and Wine Privileges:
Pursuant to Resolution No. 2014-28790, permission to sell beer and wine
for consumption within the Demised Premises ("Beer and Wine
Privileges") is limited and hereby granted only for Miami Beach Film
2
Society, Inc., for so long as Miami Beach Film Society, Inc. (under its
current ownership) shall continue to have a leasehold interest in the
Demised Premises during the Term of this Lease Agreement, and shall
not extend to any other entity (including any successors and/or assigns of
Miami Beach Film Society, Inc.). Any change in ownership including,
without limitation, a successor or assign of Miami Beach Film Society, Inc.,
shall be required to secure the prior written consent from the City of Miami
Beach Commission in order to continue to maintain these Beer and Wine
Privileges. Miami Beach Film Society, Inc.'s Beer and Wine Privileges are
further subject to Miami Beach Film Society, Inc. securing the requisite
authorization to sell the alcohol for consumption pursuant to Section 6-
4(a)(4) of the City Code, as may be amended, which includes, without
limitation, compliance with the following criteria:
i. the sale of alcohol for consumption off the Demised
Premises is prohibited;
ii. a Minor Control Plan, setting forth hours of operation and
alcohol sales, alcohol service and monitoring procedures,
food service, and staff training must be approved by the City
Manager or designee prior to issuance of a license for
alcohol sales or consumption;
iii. the Demised Premises must have designated alcohol
beverage consumption areas;
iv. no "Happy Hour" type of reduced price alcohol beverage
promotion shall be allowed;
v. Miami Beach Film Society, Inc. shall obtain the requisite
state licenses;
vi. Miami Beach Film Society, Inc. shall collect and remit resort
taxes to the City, as required pursuant to Section 102-306 of
the City Code; and
vii. Miami Beach Film Society, Inc. shall not be permitted to
operate between the hours of 3:00 a.m. and 8:00 a.m.
Failure to comply with the provisions of this subsection 7.4 shall be
deemed to be a default under this Lease Agreement.
3. A new section 38, entitled "Prohibitions Regarding Sale or Use of Expanded
Polystyrene Food Service Articles", shall be inserted (inserted items underlined)
as follows:
38. Prohibitions Regarding Sale or Use of Expanded Polystyrene Food
Service Articles.
Pursuant to Section 82-7 of the City Code, as may be amended from time
to time, effective August 2, 2014, the City has prohibited the use of
expanded polystyrene food service articles by City Contractors, in
connection with any City contract, lease, concession agreement or Special
event permit. Additionally, pursuant to Section 82-385 of the City Code,
3
as may be amended from time to time, no polystyrene food service articles
will be allowed in the right-of-way, and no polystyrene food service articles
can be provided to sidewalk café patrons.
Expanded polystyrene is a petroleum byproduct commonly known as
Styrofoam. Expanded polystyrene is more particularly defined as blown
polystyrene and expanded and extruded foams that are thermoplastic
petrochemical materials utilizing a styrene monomer and processed by
any number of techniques including, but not limited to, fusion of polymer
spheres (expandable bead foam), infection molding, foam molding, and
extrusion-blown molding (extruded foam polystyrene).
Expanded polystyrene food service articles means plates, bowls, cups,
containers, lids, trays, coolers, ice chests, and all similar articles that
consist of expanded polystyrene.
Tenant agrees not to sell, use, provide food in, or offer the use of
expanded polystyrene food service articles at the Demised Premises or in
connection with this Lease Agreement. Tenant shall ensure that all
vendors operating in the Demised Premises abide by the restrictions
contained in this Section 38. A violation of this section shall be deemed a
default under the terms of this Lease Agreement. This subsection shall not
apply to expanded polystyrene food service articles used for prepackaged
food that have been filled and sealed prior to receipt by the Tenant or its
vendors.
4. Except as otherwise specifically amended herein, all other terms and conditions
of the Lease,Agreement by and between the Landlord and Tenant shall remain in
full force and effect. In the event there is a conflict between the provisions
provided herein and the Lease Agreement, the provisions of this Amendment No.
1 to Lease Agreement shall govern.
[The remainder of this page has been intentionally left blank]
4
IN WITNESS WHEREOF, this Amendment No. 1 to Lease Agreement has been
duly executed by the parties hereto as of the day and year first written above.
Attest: CITY OF MIAMI BEACH, FLORIDA
Rafael E. Granado, City Clerk Philip Levine, Mayor
Signature
Print Name
Attest: MIAMI BEACH FILM SOCIETY, INC.
Signature Dana Keith Weekly, President
Print Name
Signature
Print Name APPROVED AS TO
FORM & LANGUAG E
&FO • ECUTION
CORPORATE SEAL
City Attorney . ;iT Date
(affix seal here)
F:\RHCD\$ALL\ECON\$ALL\ASSET\Historic City HaII\MB Film Society\Cinematheque-First Amendment FINAL(3-2-15).docx
5
COMMISSION ITEM SUMMARY
Condensed Title:
Resolutions authorizing the Mayor and City Clerk to execute Amendment No. 1 to Lease Agreement between the City and
Miami Beach Film Society, Inc. d/b/a Miami Beach Cinematheque, dated December 9, 2009, for the use approximately
2,523 square feet of City-owned property, located at 1130 Washington Avenue, First Floor South, Miami Beach, Florida
(Premises); said Amendment allowing for alcohol sales for consumption at the Premises, as permitted under Resolution
No. 2014-28790; and further providing for the prohibition of the sale or use of expanded polystyrene food service articles at
the Premises.
Key Intended Outcome Supported:
N/A
Supporting Data(Surveys, Environmental Scan, etc.):
N/A
Item Summary/Recommendation:
On December 9, 2009, the Mayor and the City Commission adopted Resolution No. 2009-27282, approving that certain
Lease Agreement (the "Lease Agreement") between the City and Miami Beach Film Society, Inc. d/b/a/ Miami Beach
Cinematheque, for approximately 2,523 square feet of ground floor space in the City-owned building known as Historic
City Hall, located at 1130 Washington Avenue, Miami Beach, Florida.
The Lease Agreement was for an initial term of three (3) years, commencing on March 1, 2010 and terminating on
February 28, 2013,with two(2)additional three(3)year renewal terms.
On November 25, 2012, Tenant exercised its first renewal option, commencing on March 1, 2013 and terminating on
February 28, 2016; and
On October 22, 2014, the Mayor and the City Commission adopted Resolution No. 2014-28790, allowing for alcohol sales
for consumption on site for 0 Cinema Theatre at the Byron Carlyle Theater and for Miami Beach Cinematheque at Historic
City Hall.
On July 23, 2014, the Mayor and the City Commission adopted Ordinance No. 2014-3884, creating Section 82-7 of the
City Code, providing for the prohibition of the sale or use of expanded polystyrene food service articles by City contractors,
in connection with any City contract, lease, concession agreement or special event permit.
The Administration recommends the approval of Amendment No. 1 to Lease Agreement, allowing Cinematheque to offer
alcohol sales for consumption at the Premises; and further providing for the prohibition of the sale or use of expanded
polystyrene food service articles at the Premises.
Advisory Board Recommendation:
N/A
Financial Information:
Source of Amount Account
Funds: 1 N/A
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
Max Sklar, ext. 6116
Sign-Offs:
Depart f D I 40,r Assistant Ci ,: anager City n-,,er
MA' I KGB n% JL!,' hi
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015\0ch\TCED\Cinematheque\Cinematheque UM(3-11-15).docx
erl MIAMIBEACH AGENDA ITEM C�N,
DATE .3"
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Memberslof the City C( mission
FROM: Jimmy Morales, City Manager
-AMP
DATE: March 11, 2015
SUBJECT: A RESOLUTION OF THE MAYO AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORID =, APPROVING AND AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 1 TO
LEASE AGREEMENT BETWEEN THE CITY AND MIAMI BEACH FILM
SOCIETY, INC. D/B/A MIAMI BEACH CINEMATHEQUE, DATED
DECEMBER 9, 2009, FOR THE USE OF APPROXIMATELY 2,523
SQUARE FEET OF CITY-OWNED PROPERTY, LOCATED AT 1130
WASHINGTON AVENUE, FIRST FLOOR SOUTH, MIAMI BEACH,
FLORIDA (PREMISES); SAID AMENDMENT ALLOWING FOR
ALCOHOL SALES FOR CONSUMPTION AT THE PREMISES, AS
PERMITTED UNDER RESOLUTION NO. 2014-28790; AND FURTHER
PROVIDING FOR THE PROHIBITION OF THE SALE OR USE OF
EXPANDED POLYSTYRENE FOOD SERVICE ARTICLES AT THE
PREMISES.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
BACKGROUND
On December 9, 2009, the Mayor and the City Commission adopted Resolution No. 2009-
27282, approving that certain Lease Agreement (the "Lease Agreement") between the City and
Miami Beach Film Society, Inc. d/b/a/ Miami Beach Cinematheque ("Cinematheque") for
approximately 2,523 square feet of ground floor space in the City-owned building known as
Historic City Hall, located at 1130 Washington Avenue, Miami Beach, Florida.
The Lease Agreement was for an initial term of three (3) years, commencing on March 1, 2010
and terminating on February 28, 2013, with two (2) additional three (3) year renewal terms. On
November 25, 2012, Cinematheque exercised its first renewal option, commencing on March 1,
2013 and terminating on February 28, 2016.
On October 22, 2014, the Mayor and the City Commission adopted Resolution No. 2014-28790,
allowing for alcohol sales for consumption on site for 0 Cinema Theatre at the Byron Carlyle
Theater and for Miami Beach Cinematheque at Historic City Hall.
On July 23, 2014, the Mayor and the City Commission adopted Ordinance No. 2014-3884,
creating Section 82-7 of the City Code, providing for the prohibition of the sale or use of
expanded polystyrene food service articles by City contractors, in connection with any City
contract, lease, concession agreement or special event permit.
Commission Memorandum
Cinematheque Amendment-Alcohol Sales/Polystyrene Prohibition
March 11, 2015
Page 2 of 2
ANALYSIS
Alcohol Sales
As permitted under Resolution No. 2014-28790, Cinematheque wishes to offer alcohol sales for
consumption at the Premises. Section 1 of Amendment No. 1 to Lease Agreement, attached
hereto and marked "Exhibit 1", authorizes this use under the Lease Agreement
Polystyrene Prohibition
Since Cinematheque renewed its Lease Agreement prior to the Mayor and City Commission
adopting Ordinance No. 2014-3884, they are not required to comply with Section 82-7 of the
City Code; however, at the request of the City, Cinematheque has voluntarily agreed to do so.
Accordingly, Section 82-7 of the City Code is included in Amendment No. 1 to Lease Agreement
as Section 2.
CONCLUSION AND RECOMMENDATION
The Administration recommends the approval of Amendment No. 1 to Lease Agreement,
allowing Cinematheque to offer alcohol sales for consumption at the Premises; and further
providing for the prohibition of the sale or use of expanded polystyrene food service articles at
the Premises.
JLM GB /MMM
Exhibits:
1 Amendment No. 1 to Lease Agreement
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