Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
2018-30657 Resolution
RESOLUTION NO. 2018-30657 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING, IN PART, THE RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE, AT ITS JULY 13, 2018 MEETING, AND AUTHORIZING THE ADMINISTRATION TO NEGOTIATE AMENDMENT NO. 1 TO THE MANAGEMENT AGREEMENT WITH LIVING ARTS TRUST, INC. (D/B/A 0 CINEMA), BASED UPON THE ESSENTIAL TERMS SET FORTH IN THIS RESOLUTION; AND FURTHER AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE FINAL NEGOTIATED AMENDMENT. WHEREAS, on October 24, 2014, pursuant to City Commission Resolution No. 2014- 28729, the City and 0 Cinema entered into a Management Agreement (the Agreement), for the management and operation of a portion of the City-owned Byron Carlyle Theater (Facility), located at 500 71St Street, Miami Beach, Florida 33141; and WHEREAS, the Initial Term of the Agreement ends October 31, 2019; and WHEREAS, the City has the option to renew with single or multi-year terms, which Renewal Term(s) are not to exceed a total of five (5) years, by providing 0 Cinema with not less than 365 days written notice prior to the expiration date of the Initial Term, such date being October 31, 2018; and WHEREAS, pursuant to the Agreement, 0 Cinema is responsible for all maintenance, minor repairs, janitorial expenses, and 72% of the costs of utilities at the Facility (representing 0 Cinema's proportionate share of the building), while the City is responsible for all major repairs, capital improvements, and 28% of the charges for utilities at the Facility; and WHEREAS, as compensation for use of the Facility, the Agreement requires 0 Cinema to pay minimum annual rent of $5,000, or 10% of certain revenues, whichever is greater (Use Fee) and, in addition to rent, 0 Cinema contributes $2,500 annually to defray the City's cost for major repairs and capital improvements to the Facility (Capital Contribution); and WHEREAS, 0 Cinema has requested that the City modify several terms in the Agreement, including: an extension of the term of the Agreement by two years; an annual City subsidy to 0 Cinema of$100,000 (to be reduced by the cost for utilities); the assumption by the City of responsibility for utility costs, and maintenance and repairs of HVAC, Septic, Sewer, safety systems, roof, and elevator systems at the Facility; waiver of the Use Fee and the Capital Contribution; and modification of certain performance benchmarks; and WHEREAS, on July 13, 2018, the Finance and Citywide Projects Committee (FCWPC) recommended that the City fund the additional amounts necessary to accommodate 0 Cinema's requests related to its Agreement, provided that 0 Cinema expand its programming for seniors, family, and children and add a City board representative; and WHEREAS, on July 20, 2018, the FCWPC recommended the City Commission appropriate $150,000 from the FY 2018/2019 general fund in order to fulfill 0 Cinema's request for a subsidy and to cover the cost of the City assuming maintenance and repairs. This was approved by the City Commission on September 26th as an enhancement in the FY 2018/19 budget; and WHEREAS, 0 Cinema proposed incorporating certain public benefits into an amendment of the Agreement: "Celebrate Miami Beach," an annual event highlighting Miami Beach's culture and history, offered at no charge to the community; 200 free tickets for senior citizens offered no less than once per quarter and/or four times per year; 200 free tickets for youth offered no less than once per quarter and/or four times per year; 100 free and/or discounted tickets offered annually through the Miami-Dade County Golden Ticket program for seniors ages 62 and over, and the Miami-Dade County Culture Shock $5 ticket program for youth ages 13-22 to select films and events; and increased discount for 'Miami Beach Resident Day' from 10% to 20% at least 12 times per year, for a minimum of one film screening per month; and WHEREAS, in addition to the enhanced public benefits, 0 Cinema has requested that the amendment eliminate the existing requirement for a marketing expenditure of $50,000 annually, and in return, 0 Cinema has proposed an annual benchmark of 20,000 attendees, and the submission by 0 Cinema of an annual report of marketing efforts completed and proposed for that year; and WHEREAS, at the September 14, 2018 FCWPC meeting, the Committee discussed the planned public solicitation for redevelopment of the Byron Carlyle Theater and the condition of the Facility; and WHEREAS, the City's Property Management Department indicated it was in the process of obtaining costs of required repairs to render the Facility code compliant and to conduct an indoor air quality test, as the FCWPC stated this was a priority for the well-being of the visitors to the Facility and 0 Cinema staff; and WHEREAS, subsequent to the September 14, 2018 FCWPC meeting, the City's Building Official reviewed the Electrical and Structural 50 Year Re-certification reports and determined that the deficiencies identified must begin to be remedied right away in order to maintain compliance if the Facility is to remain occupied; and WHEREAS, the costs associated with the remedial work are estimated at approximately $2.44 million; and WHEREAS, at the December 12, 2018 City Commission meeting, City staff advised that during the remainder of the Initial Term, electrical grounding work(including repairs to breakers) will have to be prioritized; the projection room would have to be kept fire safe, by only leaving the materials used for a certain projection at the time, and periodic inspections of the Facility should be conducted when major rain events occur; and WHEREAS, 0 Cinema would have to cooperate with the City in providing access to the Facility in connection with any required work and periodic inspections; and WHEREAS, in light of the condition of the Facility, the Administration could not recommend approving any of the renewal options, but recommended assisting 0 Cinema with identifying a possible space in North Beach, including possibly extending the Initial Term, on a month to month basis, in the City Manager's sole discretion, should conditions permit; and WHEREAS, on December 12, 2018, the Mayor and City Commission approved the essential terms of the proposed Amendment No. 1 to the Agreement (accompanying the City Commission Memorandum), without the exercise of the renewal options, as follows: 1) the removal of the renewal terms and, subject to the City Manager's approval, in his sole discretion, the City may to extend the Initial Term, on a month to month basis; otherwise, the Agreement term will expire on October 31, 2019; 2) the payment to 0 Cinema, during the remainder of the Initial Term, of a subsidy in the gross amount of $100,000, less a minimum utility payment (estimated to be $22,000 per year), resulting in an annual net subsidy of $78,000, subject to a true up payment to the City for utility usage exceeding 0 Cinema's proportionate share (72%) of the utility expenses at the end of the Contract Year, and subject to funding appropriation and approval by the City Commission; 3) the assumption, by the City, of the responsibility for maintenance and repairs of the Facility, at an annual cost of approximately $50,000, subject to funding appropriation and approval by the City Commission; 4) the waiver of the annual use fee, having a value of approximately $12,000; 5) the waiver of the annual capital contribution of$2,500; and 6) the modification of the annual benchmark requirements, incorporating a requirement to provide programming for youth and seniors. 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 accept, in part, the recommendation of the Finance and Citywide Projects Committee, at its July 13, 2018 meeting, and authorize the Administration to negotiate Amendment No. 1 to the Management Agreement with Living Arts Trust, Inc. (d/b/a 0 Cinema), based upon the essential terms set forth in this Resolution; and further authorize the City Manager and City Clerk to execute the final negotiated amendment. PASSED and ADOPTED THIS a day of Deumbrr 2018. ATTEST: a ' i Dan Gelber, Mayor Z ` V- Dec Zii k Rafael E. Granado, Ci Clerk • . -1 APPROVED AS TO 'NtFORM &LANGUAGE I. \` ` FOR EX CUTION & jY : = C ( L INOORP ORATED 1k ,� ��• I/ T �, City Attorney A r1 - Date M pyre! 2b Resolutions - R7 M MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM; Jimmy L. Morales, City Manager DATE: December 12, 2018 SUBJECT A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING, IN PART, THE RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE, AT ITS JULY 13, 2018 MEETING, AND APPROVING, IN SUBSTANTIAL FORM, AMENDMENT NO. 1 TO THE MANAGEMENT AGREEMENT WITH LIVING ARTS TRUST, INC. .(D/B/A 0 CINEMA); SAID AMENDMENT BECOMING EFFECTIVE, RETROACTIVELY,AS OF OCTOBER 1, 2018 AND PROVIDING FOR THE EXERCISE OF THE FIRST TWO (2) ONE-YEAR RENEWAL OPTIONS, COMMENCING NOVEMBER 1, 2019 AND ENDING OCTOBER 31, 2021; AND MODIFYING OTHER VARIOUS TERMS AND CONDITIONS CONTAINED IN THE AGREEMENT;AND FURTHER AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE FINAL AMENDMENT. RECOMMENDATION Since the recommendation from the Finance and Citywide Projects Committee (FCWPC), the Administration has determined that it will require extensive resources ($2.44 million) to allow continued operation of this facility by the Building Official. At this point, the Administration recommends that we seek other locations for interim use by O'Cinema and issue the Request for Proposals for the redevelopment of Byron Carlyle which will be before the Commission in January 2019. BACKGROUND The City and Living Arts Trust, Inc. d/b/a 0 Cinema are parties to a Management Agreement dated October 24, 2014 for the management and operation of a portion of the Byron Carlyle Theatre, located at 500 71st Street. The terms and conditions of which are as follows: • Premises: The building consists of approximately 28,000 square feet: the vacant, western portion, consisting of four auditoriums, is in poor condition and unsuitable for use, including flood damage, mold, and electrical deficiencies. The 18,000 SF eastern portion consists of: 10,647 SF occupied by 0 Cinema, 3,996 SF of vacant office space retained by the City, and 3,345 SF of common area. For purposes of the Management Agreement, 0 Cinema occupies 72%while the City retains 28%of the Theatre building. The vacant office space retained by the City is also in poor condition from flood damage, mold, and electrical deficiencies, and would require significant improvements and repairs to be suitable for occupancy. • Initial Term: Sixty-one(61) months, from October 1, 2014 to October 31, 2019. • Renewal Options: City's option to renew with single or multi-year terms, not to exceed a total Page 1206 of 1751 of 5 years, by providing 0 Cinema with at least 365 days Written notice prior to the expiration date (thus, by October 31, 2018), or not less than ninety (90) days written notice prior to the expiration of a renewal term. • Permitted Uses: (a) primary use as a motion picture theater; (b) secondary or ancillary use as a live, theatrical entertainment venue (not a dance hall or entertainment establishment) and/or private rentals for events and receptions; (c) 0 Cinema is also permitted to operate food and beverage concessions with beer and wine sales, if properly licensed, and/or a "film-centric" merchandising shop. • Base Use Fee: Years 1-3: $2,500 annually. Beginning Year 4: the greater of$5,000 annually, or 10% of Net Ticket and Net Concession Revenue, increased by 1% annually. (Contract Year 4 ends October 31, 2018). • Operating Expenses: 0 Cinema is responsible for all maintenance and repairs of their portion of the building, including janitorial expenses and 72%of utilities. • Capital Contribution: The City is responsible for all major repairs and capital improvements. In addition to the Base Use Fee, beginning Year 4 (October 1, 2017), 0 Cinema must contribute $2,500 annually to defray the City's cost of capital repairs and replacements, as detailed in the chart below. • Benchmarks: 0 Cinema must achieve the following: 1) operate 5 days a week, 48 weeks a year; 2) minimum 500 events/screenings per year; 3) minimum 10,000 visitors per year, increasing 5% each year; 4) minimum annual marketing budget of no less $50,000 per year; and 5) provide 10% resident discount a minimum of 12 times per year and once per month. On December 26, 2017, the City issued a Notice of Default to 0 Cinema for failure to comply with the terms and conditions of the Management Agreement. As contained in the Notice of Default, 0 Cinema failed to obtain the requisite State license for the sale of beer and wine for consumption on premises, remit City of Miami Beach resort taxes, remit Florida sales tax to the Department of Revenue, and satisfy the City's insurance requirements under the Agreement. Following meetings with the Administration and efforts by 0 Cinema to cure the foregoing defaults, 0 Cinema has successfully attained compliance with their obligations under the Agreement. O Cinema's Request On June 25, 2018, 0 Cinema formally requested the City's financial assistance with the operation of the Facility, attached hereto as Attachment 1 (0 Cinema Amendment Request). Specifically, 0 Cinema requested the City's support by amending the Management Agreement in the following three areas: 1. City to waive the base use fees and revisit annual benchmarks; and 2. City to provide support in the ongoing maintenance and repairs of HVAC, septic, sewer, life safety systems,roof&elevator;and 3. City to provide support in covering utility costs of operating the Facility. Additionally, 0 Cinema is requesting a subsidy to assist in creating low-cost/free programs for children, families and seniors. Lastly, 0 Cinema is requesting a two-year extension to the Management Agreement (currently expiring October 31, 2019). ANALYSIS The following chart illustrates the annual amounts paid by 0 Cinema over the initial 3.5 years of the Page 1207 of 1751 agreement. The utilities are a reimbursement to the City. Payments from 0 Cinema Year j _ Utilities I Base Use Fee ;Capital Contribution FY 14/15 j $ 22,841.20 , $ 2,500 00 ! - FY 15/16 $ 20,590.03 , $ 2,500.00 i. FY 16/17 $ 21,245.12 $ 2,500.00 i $ 2,500_00 FY 17/18(6 mos.) $ 9,040.85 $ 6,101.36 I $ 1,250.00 Expenses Incurred by the City Property Management has provided the Facility's work order history for the past five years, attached as Attachment 2 (Work Order History). Costs associated with these work orders range from $5,000 to$47,000 annually. Additionally, Property Management estimates the Theater's capital renewal and replacement projects since 2001 at $1,465,592, see Attachment 3 (CR&R Projects). For FY17/18 maintenance and repairs, 0 Cinema budgeted approximately $5,500. This is likely inadequate to maintain the facility in an acceptable manner and the cost to the City would likely be significantly higher. By comparison, Miami New Drama has budgeted $50,000 for FY18/19 maintenance and repairs at the Colony Theatre. It should be noted that Miami New Drama currently receives an annual City subsidy for the operation and maintenance of the Colony Theater. Current Condition of Facility At the April 13, 2016 Commission meeting, the City Commission discussed interior flooding at the facility following the completion of a conditions assessment performed by structural engineers. The Commission memorandum and conditions report are attached hereto as Attachment 4 (April 13, 2016 Commission Memo). The structural engineers recommended three options to address flooding in the restrooms (the lowest lying areas of the 0 Cinema premises), none of which would safeguard other building areas from king tide flooding or tidal surge. Additionally, if major renovations were to be considered, and if the cost of such renovations exceeded 50% of the value of the existing building, then the entire building must be brought into compliance with current FEMA design criteria. In the engineers' opinion, such an extensive renovation would be as or more expensive than constructing a new building. The Commission recommended in favor of demolishing the building and moving forward with the redevelopment of the site in conjunction with the North Beach Master Plan. In December 2017, VFA, Inc. provided a Requirement List Report, attached hereto as Attachment 5. The report concluded the facility would require approximately $1.4 Million of improvements over the next four years, however the major issues outlined in the April 13, 2016 Commission Memo are not addressed in this$1.4 million. Finance & Citywide Projects Committee—July 1311i and 20th At the July 13, 2018 Finance and Citywide Projects Committee meeting, Property Management informed the Committee that inspections were being ordered to assess the condition of the building, particularly flooding in the electrical room, roof leaking, and a damaged fire panel. Noting the liability imposed by the apparent conditions, the Committee stressed that the inspections must be completed and the condition of the building be declared safe before extending any agreement for the building's use. Nevertheless, pending the results of an assessment of the building commissioned by Property Management, the Committee agreed to 0 Cinema's requests if 0 Cinema was willing to enhance its free public programming, add a City-designated seat to its board of directors, and submit a five-year business plan. At the July 20, 2018 FCWPC meeting, the Committee recommended that the City Commission Page 1208 of 1751 appropriate $150,000 from the FY 18/19 general fund in order to fulfill 0 Cinema's request for a subsidy and to cover the cost of the City assuming maintenance and repairs. This was approved by the City Commission on September 26th as an enhancement in the FY 2018/19 budget. Revised Requests from 0 Cinema On August 23, 2018, the City received a redlined agreement containing extensive modifications to the existing Management Agreement with additional requests beyond what 0 Cinema requested in its June 25th letter and had presented to the FCWPC in July, see Attachment 6 (0 Cinema's Redlined Agreement and Summary). The requested adjustment of 0 Cinema's annual benchmarks included attendance of 15,000-25,000 visitors (from 25,000) and elimination of any annual increase in target attendance; elimination of the requirement to spend $50,000 on marketing; and no new senior/children programming as requested by the FCWPC. In addition, 0 Cinema requested a waiver of the $2,500 Annual Capital Contribution, modifications to existing contractual terms that would expand the City's legal liabilities and obligations while reducing those of 0 Cinema, including but not limited to: elimination or reduction in 0 Cinema's records reporting; deletion of language that O Cinema cannot hold City liable for failure to repair; new notice requirements for City access to the facility and required response times to 0 Cinema maintenance requests; elimination of 0 Cinema property tax liability and other favorable financial terms, such as no longer requiring timely tax payments or charging interest on outstanding debts. Proposed Public Benefits During discussions with staff throughout this past October, 0 Cinema proposed incorporating the following public benefits into an amendment of the Agreement: • Celebrate Miami Beach- 0 Cinema will present an annual event highlighting Miami Beach's culture and history, offered at no charge to the community. The event will include a film screening, post-film discussion, and reception,with free admission for all; • 200 free tickets for seniors for select screenings. 0 Cinema will work with local senior interest groups and the Parks Department to offer free special screenings throughout the year for seniors (aged 62 and over) no less than once per quarter and/or four times per year; • 200 free tickets for youth for select screenings. 0 Cinema will work with the Parks Department and area schools to offer free special screenings throughout the year for students (up to age 18) no less than once per quarter and/or four times per year; • 100 free and/or discounted tickets offered annually through the Miami-Dade County Golden Ticket program for seniors ages 62 and over, and the Miami-Dade County Culture Shock $5 ticket program for youth ages 13-22 to select films and events; • Increased discount for'Miami Beach Resident Day'to 20% at least 12 times per year, for a minimum of one film screening per month. In addition to the enhanced public benefits, 0 Cinema has requested that the amendment eliminate the existing requirement for a marketing expenditure of $50,000 annually. In return, 0 Cinema has proposed an annual benchmark of 20,000 attendees, and, in addition, 0 Cinema will submit an annual report of marketing efforts completed and proposed marketing plans going forward. As originally written, the Agreement required an initial attendance of 10,000 in 2014, and with each subsequent year thereafter, a 5% annual increase over the prior year. 0 Cinema's self-reported attendance was 25,016 in 2015; 26,091 in 2016; and their June 2018 program plan "anticipate[d] serving a conservative estimate of approximately 2,000 residents and visitors per month," or 24,000 Page 1209 of 1751 annually. The draft Amendment is attached hereto as Attachment 7 (Draft Amendment). Finance& Citywide Projects Committee—September 141 At the September 14, 2018 FCWPC meeting, the Committee discussed the planned public solicitation for redevelopment of the Byron Carlyle Theater. At the meeting, Property Management presented a condition update of the facility, see Attachment 8 (LTC 493-201). In a Letter to Commission entitled "Byron Carlyle Facility Condition Update," Property Management estimated that repairs to that portion of the property occupied solely by 0 Cinema would cost approximately $720,500 for 50-year Electrical Recertification, Structural Repairs to the Main Electrical Room and an indoor air quality test. This amount did not include the 50-year Plumbing Recertification, HVAC Repair and Replacement, Roof Repair and Replacement nor Flood Proofing. This amount also did not include any upgrades or remediation of the unoccupied portion of the property already condemned. At the meeting, Property Management indicated it was in the process of obtaining costs of the additional required repairs and an indoor air quality test, as the FCWPC stated this was a priority for the well-being of the visitors to the facility and 0 Cinema staff. The results of these inquiries are immediately below. Building Compliance Assessment by Property Management The Property Management Department has been working diligently with the Building Department to achieve a resolution allowing for the building to remain occupied by 0 Cinema, whether long term or short term. After meeting with the Building Director and upon review of the Electrical and Structural 50 Year Re-certification reports (Attachments 9 and 10), it was determined that the deficiencies identified must begin to be remedied right away in order to maintain compliance, if the building is to remain occupied. Unfortunately, due to the building's condition, costs associated with the remedial work are estimated at approximately $2.4 million. The proposed scope of work includes: addressing the lower level flooding that occurs regularly around cycles of high tide and king tides; all identified structural and electrical deficiencies; accessibility compliance; roof repairs; mold remediation and air conditioning. The complexity of the project would require a phasing plan, operational disruptions, and periods of temporary closure. Funding for this work has not yet been identified or budgeted through the Capital Renewal and Replacement budget. Byron Carlyle Remedial Cost for Compliance Electrical (Electrical Room Relocation/Wiring/Grounding): Electrical 50 Year Re-certification $562,000 Soft costs for Electrical Re-certification $78,680 Sub Total: $640,680 Structural (Flood Mitigation/Concrete Spilling): Structural 50 Year Re-certification $1,500,000 Soft costs for Structural Re-certification $28,000 (only) Sub Total: $1,528,000 Additional Costs: HVAC Repairs $7,500 Roof Repairs $82,000 Mold Remediation $34,373 Soft Costs NE Fees and Permits $150,000 Sub Total: $273,873 Page 1210 of 1751 TOTAL: $2,442,553 The Building Director will not permit the building to be occupied unless the City commences the repairs immediately. The design and permitting process will take months before work can start, so therefore, an extension from the Building Director would be required and project funding identified. It is important to note, consistent with the recommendation within the Town Center Master Plan, at its November 30, 2018 meeting, the Finance and Citywide Projects•Committee recommended in favor of issuing a Request for Proposals (RFP), for redevelopment of the site that will involve demolition of the Byron Carlyle Theater. Staff intends.to submit the RFP for approval at the January 2019 Commission meeting. CONCLUSION The financial impact of 0 Cinema's funding request solely for its nonprofit operations and programming (as contained in the June 25th request) will involve a revenue reduction of approximately $12,000 annually in Base Use Fees, a revenue reduction of $2,500 annually from waiving the capital contribution, and payment of an annual subsidy of$100,000. On September 26th, these increased costs were approved by the Commission as an enhancement in the FY 2018/19 budget. The Administration has supported.the extension of the Management Agreement while Property Management conducted tests to determine the requirements for building compliance. In light of these studies and the assessment by the Building Director, it is difficult to justify expenditure of over$2.44 million merely for 0 Cinema to remain in the facility for two years, and then have the building torn down as part of a redevelopment. The estimated cost to construct new space, equal in size to the occupiable portion of the facility (18,000 square feet) is estimated at $7,200,000 ($400/SF). The Administration is open to other alternatives for enabling 0 Cinema to continue serving the community. If directed by Commission, staff will pursue other potential and viable locations to relocate 0 Cinema. Legislative Tracking Tourism, Culture and Economic Development/Property Management ATTACHMENTS: Description o Attachment 1 (0 Cinema Request Letter) ❑ Attachment 2 (Work Order History) ❑ Attachment 3 (CR&R Projects) o Attachment 4 (4-13-16 Commission Memo) o Attachment 5 (Requirement List Report) o Attachment 6 (0 Cinema Redline& Summary) o Attachment 7 ( Draft Amendment) o Attachment 8 (LTC 493-2018) ❑ Attachment 9 (Electrical Recertification) o Attachment 10 (Structural Recertification) Page 1211 of 1751 • Chiroles, Erick From: Kareem Tabsch <kareem@o-cinema.org> • Sent Monday,June 25,2018 9:37 AM To: Ricky Arriola Cc Chiroles, Erick Subject followup on Fridays meeting To: Comm.Arriola&Mr. Chiroles Dear Ricky&Erick, Thank you so much for taking the time to meet and discuss our concerns and vision for 0 Cinema Miami Beach. It is our great privilege to be a cultural beacon for the residents and visitors of North Beach. We're proud of our role in improving resident quality of life and making a positive economic impact in the area through our continuous, daily programming of the Byron-Carlyle Theater. The outpouring of support from the community has been thrilling and speaks directly to the value and vitality we bring. We want to build on that. As discussed,we are in need of the city's support and assistance in the management of the facility so that we may continue to best serve the community. We'd like to ask for the city's support in the following three areas: • Amend our Management Agreement to waive the base use fees&revisit annual benchmarks. • City support in providing the ongoing maintenance and repairs of HVAC, Septic, Sewer, safety systems, roof, &elevator. • City support in covering utility costs of operating the facility. In addition,to these specific items,we discussed an annual subsidy to support and expand our programming and activation at the facility. In particular,financial support will assist us in creating low-cost/free programs for children,families,and seniors.Also,we discussed a two-year extension to our current management agreement (which is currently set to end in Oct 2019.) We hope that we can make our relationship with the city a true partnership where the cultural vitality of North Beach and the residents'quality of life guides our collaboration. With over 26,000 annual visitors and programs that have brought the best in independent film to our community,including collaborations with organizations like Sundance and the Miami Film Festival,0 Cinema has taken an underutilized community asset and made into a thriving,neighborhood cultural center. We need your help to ensure we can continue to serve this community of which we're so proud to be a part of. Many Thanks, Kareem Tabsch Paget/212 448751 ,WorkOrderld Actual Finish Total Cost Instructions_ _ _.1 139573 Byron Carlyle Theater--PREVENTIVE MAINTENANCE-Roof drain cleaning. 139114 03/26/2018 12:00 $ 250 Byron Carlyle Theater-Annual fire sprinkler inspection. 135894 03/22/2018 10:07 $ 31 Byron Carlyle Theater-Install both roof access ladders. 133771 02/20/2018 12:00 $ 4,306 Byron Carlyle Theater-Repair the exterior marquee neon lighting.Budget Code:011-9505-000676-90-410-593-0 132589 01/29/2018 03:46 $ 2,314 Byron Carlyle Theater-Install both roof access ladders. 130246 11/2/2017 10:12 $ 918 Byron Carlyle Theater-Clear roof debris and unclog the drain on lower roof accessible through mechanical room on second floor. 128482 09/20/2017 11:40 $ 55 Byron Carlyle Theater-A-1 LOCKS.Replace the locks to match the rest of the building. 127483 09/29/2017 05:17 $ 239 BYRON CARLYLE.-HVAC preventive maintenance. 127055 08/8/2017 11:04 $ 359 Byron Carlyle Theater-Trouble shooting fire Alarm of the pump control. 126968 07/19/2017 03:36 $ 678 Byron Carlyle Theater-Clean out Auditorium of theater. 126965 08/18/2017 07:31 $ 1,317 BYRON CARLYLE.-HVAC preventive maintenance. 126452 07/27/2017 02:32 $ 3,242 Byron Carlyle Theater--A-1 LOCKS.Replace the locks to match the rest of the building. 126285 07/18/2017 12:00 $ 120 Byron Carlyle Theater-Preventive Maintenance.Check out the downstairs bathroom located on the west side of the building to make sure it is fully functioning and in good working order. 126248 07/14/2017 12:00 $ 798 Byron Carlyle Theater--Repair RTU#2. 126156 07/27/2017 12:00 $ 324 BYRON CARLYLE.-HVAC preventive maintenance. 126144 07/17/2017 01:14 $ 1,770 Byron Carlyle Theater-Unclog drains. 126014 07/6/2017 10:30 $ 911 Byron Carlyle -Check the HVAC. 125961 08/18/2017 04:43 $ 160 Byron Carlyle Theater --Remove graffiti. 125705 07/18/2017 11:09 $ 120 Byron Carlyle Theater-Jose Izquierdo to install signs around Byron on Thursday. 125576 07/18/2017 11:00 $ 619 Byron Carlyle Theater-Clean out Auditorium of theater. 125530 06/27/2017 08:48 $ 80 Byron Carlyle Theater-Remove shopping cart. 125521 07/18/2017 10:57 $ 160 Byron Carlyle Theater-Final clean up of the empty spaces and pick up the man lift. 121878 03/3/2017 08:28 $ 2,273 BYRON CARLYLE THEATER- Repair Marquee lights. 121588 02/27/2017 11:21 $ 1,016 Byron Carlyle Theater-500 71st St-Repair the wall in the ladies'restroom. • 119291 12/14/2016 04:33 $ 142 BYRON CARLYLE THEATER-500 71st St. -Repair Temporary Lighting. 118782 01/12/2017 02:51 $ 399 Byron Carlyle Theater-500 71st St- Repair the wall in the ladies'restroom. 118350 11/22/2016 01:22 $ 798 Byron Carlyle Preventive Maintenance-Replace WO#92737- 117780 11/4/2016 05:12 $ 282 BYRON CARLYLE THEATER- 500 71st St - Check battery for the Handicap Door Button. The button to open the doors only works from the inside,but not on the outside. 117779 11/10/2016 04:32 $ 270 BYRON CARLYLE THEATER-500 71st St. -Inspect Marquee Lights(lights to the marquee are no longer clicking on,as well as the lights behind"BYRON"letters). 117778 11/14/2016 10:33 $ 1,466 BYRON CARLYLE THEATER-500 71st St.-NC vent is dripping water into the theater(above the door onto the balcony). 116428 09/30/2016 03:27 $ 936 MOVING FURNITURE FROM PUBLIC WORKS TO BYRON CARLYLE BACK TO PUBLIC WORKS 116039 09/30/2016 11:17 $ 324 MOVING OF TABLES AND CHAIRS THAT WERE BROUGHT TO CITY HALL 1ST FLOOR CONFERENCE ROOM FROM BYRON CARLYLE STORAGE. 113931 09/30/2016 11:17 $ 90 BYRON CARLYLE ROOF REPAIR 109757 05/15/2016 09:04 $ 646 MOVING 8 CUBICLES PANELS TO BYRON CARLYLE,TO CREATE SPACE FOR NEW HIRE AT PROPERTY MANAGEMENT-CHARGE TO BUDGET CODE 302-2851-000676 105569 04/13/2016 08:20 $ 242 Please check restrooms at the Byron Carlyle Theater. 104632 01/24/2016 05:42 $ 5,607 Pump out the in the Byron Carlyle Theater. 103025 10/18/2015 05:14 $ 10,080 Contract Services$7,245&$2,835 to repair water leak at Byron Carlyle 95169 05/17/2015 01:57 $ 801 Byron Carlyle Theater 94211 04/24/2015 10:36 $ 2,190 Please open a ticket to the Maintenance Shop to repair the rodent's entrances to the building at the Byron Carlyle.Read below for more info 94030 05/17/2015 03:25 $ 141 Please open a ticket to the maintenance shop to seal the gaps under all our doors at the Byron Carlyle,this is an access point for the rodents and bugs. . 93608 09/30/2015 11:17 $ 135 CHECK LIGHTS AT THE BYRON CARLYLE THEATER. 93378 04/19/2015 01:53 $ 506 Byron Carlyle-a/c not working 91262 02/22/2015 04:47 $ 1,250 MOVING 8 CUBICLES PANELS TO BYRON CARLYLE,TO CREATE SPACE FOR NEW HIRE AT PROPERTY MANAGEMENT-CHARGE TO BUDGET CODt 302-2851-000676 90336 03/23/2015 08:32 $ 4,172 SIGN INSTALLATION FOR BYRON CARLYLE- 89936 09/30/2015 11:27 $ 600 Byron Carlyle-For R&D Contractor 89669 01/25/2015 03:12 $ 1,672 Byron Carlyle 88977 12/9/2014 11:37 $ 5,700 Byron Carlyle Beam Waterproofing INV#2511027367 PO#025755-307-6265-000342-Credit 325 87528 12/14/2014 11:08 $ 3,484 Byron Carlyle 87517 11/7/2014 11:15 $ 1,500 Byron Carlyle 86729 10/20/2014 03:17 $ 138 Byron Carlyle 85413 09/25/2014 10:31 $ 1,756 Byron Carlyle Theater 85141 09/19/2014 09:07 $ 2,900 Byron Carlyle Theater 85129 09/30/2014 02:20 $ 4,722 Byron Carlyle 84918 09/11/2014 12:34 $ 521 Please make a work order for the Electricians they need to check the float switches for the Lift Station at Byron Carlyle Theater. 84368 09/15/2014 02:17 $ 17,188 Byron Carlyle-Electrical repairs needed 83352 08/12/2014 01:12 $ 2,248 TROUBLE SHOOT THE POWER TO THE PUMPS FOR THE LIFT STATIONS AT THE BYRON CARLYLE THEATER 83041 08/24/2014 04:15 $ 3,080 Byron Carlyle Theater-Facility Assessment VFA Invoice 23036 80019 07/14/2014 11:40 $ 1,140 unclog the sanitary line at the Byron Carlyle Theater 80017 05/30/2014 09:33 $ 945 Please open a work order for BCT,to replace a broken sheetrock wall located by Dressing and Bathrooms,west side of Theater. 79375 05/16/2014 10:44 $ 261 Byron Carlyle Theatre 78576 04/20/2014 12:00 $ 2,000 Byron Carlyle Theatre Maintanence 67855 09/24/2013 08:46 $ 104 BYRON CARLYLE THEATRE 71ST ST-PAINTING EXTERIOR WALLS GRAFFITI 66341 08/20/2013 08:12 $ 275 BYRON CARLYLE THEATER-REPAINT OVER GRAFFITI WALLS AND DOORS 63135 09/30/2013 12:00 $ 520 A portion of the exterior of the west facade of the Byron Carlyle Theater is damaged. I don't know what caused it,but please send someone to inspect and advise 61096 06/16/2013 12:00 $ 61 Byron Carlyle-General repairs&maintenance 59216 04/10/2013 09:40 $ 1,545 CITY MANAGER OFFICE-REMOVE MISCELLANEOUS FURNITURE AND TAKE TO BYRON CARLYLE. 57098 03/24/2013 03:45 $ 99 Please make a work order for the Electricians they need to repair the bare wires that are exposed inside the Byron Carlyle Theater 55907 02/7/2013 09:52 $ 2,360 Page 1213 of 1751 BYRON CARLYLE THEATER REPAIR ROOF 55413 02/25/2013 02:02 $ 122 Plea make a work order for the Electricians they need to repair the bare wires that are exposed inside the Byron Carlyle Theater 53519 01/13/2013 12:00 $ 1,815 Please make a work order for the Electricians they need to repair the bare wires that are exposed inside the Byron Carlyle Theater $ 109,294 Asset Project Description Account* Budget, Status 2001 BYRON CARLYLE Partial Roof Replacement and HVAC 301-2316-00000676 $ 282,345 2003-2004 BYRON CARLYLE _ Theatre Renovations 161-6235-000676 $ 128,196 Completed _ 2003-2004 BYRON CARLYLE Sound Concepts Stage Rigging Miami 132-5820-000346 $ 192,730 Completed Stagecraft-Theatre Lighting 2003-2004 BYRON CARLYLE Theatre Renovations 303-2316-000676 _ $ 433,775 Completed 2011 BYRON CARLYLE Replacement of Stage and House A/C 125-6969-000356 $ 132,000 Completed Units. 2013 BYRON CARLYLE Replace Lobby AC at Byron Carlyle 125-6968-000356/125-6968-000350 $ 82,500 Completed Theater(verify completion) Exterior and Roofing-Repair spalling 2014 BYRON CARLYLE THEATER stucco,seal joints,waterproof and $ 77,765 Completed paint building and roofing. _ 2014 BYRON CARLYLE THEATER Exterior and Roofing-Repair $ 93,884 Completed 2014 BYRON CARLYLE THEATER Beam signange _ _ $ 5,700 Completed 2014 BYRON CARLYLE THEATER ADA Lift Repair $ . 3,351 Completed 2014_ BYRON CARLYLE THEATER Cleaning and garbage removal $ 4,350 Completed _ 2015 BYRON CARLYLE THEATER Door Repair $ 3,571 Completed 2017 BYRON CARLYLE THEATER Painting of front of Byron 011-9505-000676-90-410-593-00-00-00 $ 4,955 Completed 2017 BYRON CARLYLE THEATER Replacement of Condenser 011-9505-000676-90-410-593-00-00-00 $ 6,797 Completed 2017 BYRON CARLYLE THEATER Replacement of Doors 011-9505-000676-90-410-593-00-00-00 $ 5,695 Completed 2017 BYRON CARLYLE THEATER Replacement of access ladders 011-9505-000676-90-410-593-00-00-00 $ 3,667 Completed 2017 BYRON CARLYLE THEATER Replacement of marquee lights 011-9505-000676-90-410-593-00-00-00 $ 4,310 Completed TOTAL $ 1,465,592 Page 1214 of 1751 MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov E. COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members • the Ci Commission FROM: Jimmy L. Morales, City Manager , -..sgal.911.011111' DATE: April 13, 2016 SUBJECT: A DISCUSSION REGARDING INTERIOR FLOODING AT THE BYRON CARLYLE THEATER. BACKGROUND In September 2015, 0 Cinema notified the City of excessive flooding in the interior low areas of the Byron Carlyle Theater. Initial investigation of the flooding indicated the water was penetrating the facility through the slab, which coincided with the king tide cycle. The City's Property Management Division contracted with Douglas Woods and Associates, Inc. (structural engineers) to provide a condition assessment, a copy of the report is attached for your reference. In order to address the water intrusion from the floor slab, the following options should be considered: 1. Raise Existing Restroom Floor: This can only be accomplished if there is sufficient headroom to the structure above. If possible, this would require a complete demolition and reconstruction of the restrooms. Such construction would be fairly expensive. 2. Abandon Existing Restrooms and Reconstruct Restrooms Elsewhere: If an area is available elsewhere, at the main ground-floor level, new restrooms could be constructed. Such new restrooms, however, would still likely be well below the current Design Flood Elevation (DFE). The abandoned restroom area would also still be subject to flooding with its negative effects. 3. Demolish Existing Restrooms and Reconstruct with "Dry-Floodproofed" Construction: It is allowed to "dry-floodproof' non-residential uses. In the case of the present location of the restrooms, dry-floodproofing would require a'complete demolition of the existing non-structural construction in the area. It would also require removal of the existing concrete floor slab. It would also likely require removal of existing masonry walls around the restroom area and replacement with appropriately reinforced concrete or masonry walls. The floor slab would need to be replaced with a structurally reinforced concrete slab capable of resisting the DFE flood. Tension piles (to resist upward loads) would also be required at some spacing. The new slab and all perimeter walls Page 1215 of 1751 Agenda Item 1 ti R 1044 Date ti-I3Ic Commission Memorandum Discussion Regarding the Flooding at the Byron Carlyle Theater April 13, 2016 Page2of3 up to the DFE would need to be waterproofed. Any openings below the DFE would need to be protected with appropriately designed flood panels. Sanitary drain pipes would need to be equipped with backflow preventers to prevent reverse flow through the pipes. into the space. It would also be prudent to provide an autoryatic sump pump. None of the options discussed above would protect other building areas from king tide flooding or from tidal surge associated,with hurricanes as the building itself is below base flood elevation requirements. Therefore, consideration should also be given to redevelopment of the site. Long range planning efforts with the community in North Beach have identified the number one goal of developing a vibrant commercial district with shopping, restaurants, culture and entertainment to serve the needs of North Beach residents. The area bounded by 72 Street, Collins Avenue, 69 Street and Indian Creek Drive/Dickens Avenue was selected to be the "Town Center" due to its centralized location, high density CD-3 zoning and relatively pedestrian-friendly streets (compare 71 Street with one lane of traffic in each direction to Collins Ave with three lanes of one-way traffic or Normandy Village with 6 lanes of traffic). Two retail market reviews have demonstrated the capacity of the population to support several hundred thousand square feet of new retail development. Yet with no existing base of quality retail stores to build from, it has been recognized that significant planning and public investment would be required to attract the desired mix of private investment. The North Beach Town Center Plan, adopted July 2007, identifies a wide range of strategies to attract new development to the Town Center. Long term uses of the Byron are being considered by Dover Kohl as part of their Master Planning efforts. Staff has considered the need for a commercial anchor and civic use needs, as well as the development potential available on the site beyond what is utilized by the existing building. The Byron Carlyle Theater property was also identified as an important piece of the Town Center redevelopment strategy because of the location, size, public ownership and potential to provide a cultural anchor. Indeed, the purchase and renovation of the theater was intended for economic development purposes, as well as to assist the local talent by providing a venue for rehearsal, performances, office space, and to ensure that once established, the arts would be able to remain in a rejuvenated North Beach. However, for the Byron Carlyle Theater to succeed in this role, other supporting elements of the plan would need to be in place. Nonetheless, there continues to be much discussion regarding the use of the Byron Carlyle and its role in the revitalization of the 71st Street corridor. If the City Commission would like to seriously consider redeveloping the site, the Administration will draft a solicitation for consideration and issuance. In light of the report's find'n•s, the Administration is seeking direction from the City Commission. JLM/ B/ fr. \ T:1AGE DA\2d16'ApriI\TCED1Byron Carlyle Flooding Discussion.docx Page 1216 of 1751 1045 LIMITED CONDITIONS ASSESSMENT REPORT RELATIVE TO INTERIOR FLOORING AT BYRON CARLYLE THEATER 500 71ST STREET MIAMI BEACH, FLORIDA MARCH 4, 2016 U PREPARED BY: DOUGLAS WOOD ASSOCIATES, INC. GAS (90 age 117 oOpf 17D5B1�Z Q Q AA/EO EMPLOYER�EB6353 5°40N". 7m STREET,UITE 8 MIAMI,FLORIDA 33126 STRUCTURAL ENGINEERS • O LIMITED CONDITIONS O - ASSESSMENT • > W REPORT RELATIVE TO U) !— INTERIOR FLOORING O BYRON CARLYLE THEATER N 500 71ST STREET 0 d MIAMI BEACH, FLORIDA STRUCTURAL ENGINEERS March 4, 2016 INTRODUCTION General As requested, we have conducted a limited assessment of the present conditions relative to interior floor flooding at the Byron Carlyle Theater, located at 500 71st Street in Miami Beach, Florida. Purpose The purpose of this investigation was to provide a general assessment of the present conditions and causes of the periodic floor flooding and to comment on how these conditions may relate to future use and renovation. Scope This investigation includes only the reported periodic floor flooding issue. No other issues were investigated or considered. Roofing, insect infestations (including termites and other wood-destroying insects), mechanical, plumbing and electrical systems, environmental issues (including radon, mold and ground contamination) and hazardous materials (including lead paint and asbestos) are not included in the scope of this assessment. METHODOLOGY AND LIMITATIONS Our investigation of existing conditions was primarily conducted as follows: - Visual Observations o Significant portions of this building are presently occupied. Architectural finishes remain in place throughout much of the interior and all of the exterior of the building. Therefore, direct observation of structural materials was limited to a few restricted views. WWW.DOUGLASWOOD.BIZ 2100 PONCE DE LEON BOULEVARD,SUITE 1020,CORAL GABLES,FLORIDA 33134,T:(305)461-3450 F:(305)461-3650 Page 1218 of 1751 AFFIRMATIVE ACTION/EQUAL OPPORTUNITY EMPLOYER EB 6353 1047 BYRON CARLYLE THEATER MARCH 4, 2016 MIAMI BEACH, FLORIDA PAGE 2 OF 5 o Review of Documents: The City made available to us a copy of a report prepared by C3TS, dated January, 2006. This report included a few architectural drawings form the original construction. Calculations were not performed to verify the adequacy of the original design and construction of the existing systems for this building. Douglas Wood Associates assumes no responsibility for the design or construction of this existing building. The findings presented in this report do not imply any warranty on the performance or Building Code conformance of the existing structural systems. In the absence of observations to the contrary, we have assumed that the existing building systems were properly designed, permitted, constructed and approved in accordance with the building code and general design and construction practices in effect at the time of construction. Also, while we performed observations of the existing structural systems, our observations were limited by the scope of this investigation, by time constraints and by what could be readily observed in the existing building. GENERAL DISCUSSION In general, this building could be considered to have withstood the "test of time" and therefore, to have structural systems that were generally adequate for their intended purposes. However, it must be recognized that the building codes, standards, methods, products and practices of the time this building and subsequent modifications were made vary considerably from those of today. Therefore, it should be remembered that there are many aspects of the existing structural systems which do not conform to today's standards, practices and codes. The Byron Carlyle Theater was originally constructed in 1968. FEMA flood plain requirements were not in effect at the time this building was constructed. The preponderance of scientific evidence indicates that mean sea levels have been rising in the past century and that the rate of sea level rise is accelerating. Local data indicates that mean sea level in South Florida has risen in the range of four to six inches since the Byron Carlyle Theater was originally constructed. Predictions of future sea level rise vary, but again, the preponderance of evidence leads to predictions of continued and accelerated sea level rise. Existing Site Conditions Relative to Structural Issues Environmental Influences Hurricanes All of South Florida is vulnerable to hurricanes. Tidal flooding due to wind-induced surge due to hurricanes is a possibility, and a definitive likelihood over a long period of time. WWW.DOUGLASWOOD.BIZ 5040 N.W.7TH STREET,SUITE 820,MIAMI,FLORIDA 33126,T:(305)461-3450 Pape 1219 of 1751 AFFIRMATIVE ACTION/EQUAL OPPORTUNITY EMPLOYE EB 6353 1048 BYRON CARLYLE THEATER MARCH 4,2016 MIAMI BEACH, FLORIDA PAGE 3 OF 5 Flooding Floods are possible in most of the coastal regions of South Florida. According to Miami-Dade County's website, this building is located within a FEMA AE-8 flood zone. If future additions and/or renovations hae a construction cost (accumulated over a five year period) exceeding 50% of the concurrent construction cost value of the existing building, the building would need to be brought into compliance with the concurrent FEMA flood design requirements. This assessment did not include verification of existing floor and exterior grade elevations. Current flood design criteria places the Design Flood Elevation (DFE) at the Base Flood Elevation (BFE) plus 1.0 foot. At this time, we do not know the existing floor elevations. We assume, however, that most or all of the existing ground floor level is likely well below the DFE. OBSERVATIONS RELATIVE TO REPORTED FLOOR FLOODING Observations/Investigation The writer visited the building on two occasions. The first visit was arranged to coincide with a predicted time of relatively high tide. The time of the actual site visit was close to, but did not coincide with the peak of high tide, and it was close to but did not coincide with the peak of the king tide cycle experienced in October of 2015. Therefore, the writer did not observe west of conditions. Nonetheless, tidal flooding of the streets around the theater was occurring at the time of the visit. Interior floor flooding was also occurring in the low areas of the interior floor. The writer observed approximately two inches of standing water in the restroom area (east end of building) and similar amounts at the low points of the presently unused auditoriums in the western portion of the building. The writer conducted a brief telephone interview with the current theater manager. The manager reported that up to a 'few inches" of water accumulated on the floor of the eastern restrooms at high tide during the past king tide cycle of October, 2015. The manager reported that portable pumps were used to lower the water level in the restroom area during periods of flooding. The manager also reported that he observed tidal flooding in the streets around the theater up to the curbs, but not onto/over the sidewalks. The main lobby entrance to the theater is at the top of the back-of-sidewalk elevation. There is an interior ramp inside the main doors, and the main lobby floor is a few inches higher than the sidewalk. In the southeast area of the lobby, there are steps up to the upper auditorium seating level and steps down to the public restrooms. The floor of the restroom is approximately 2'-1/2 feet lower than the main lobby level. In the absence of specific survey elevations and high water elevations, it appears that the floor of the restroom area and the low points of the unused auditoriums on the west side of the building are significantly below the observed high water elevations during the king tide cycle in October, 2015. WWW.DOUGLASWOOD.BIZ 5040 N.W.7TH STREET,SUITEP 820,MIAMI,FLORIDA 33126,T:(305)461-3450 AFFIRMATIVE ACTION/EQUAL OPPORTUNITY EMPLOYER'e 1220 of 1751 EB 6353 1049 BYRON CARLYLE THEATER MARCH 4,2016 MIAMI BEACH, FLORIDA PAGE 4 OF 5 EVALUATIONS Based on our visual observations and based on the verbal report from the current building manager, it appears that the restroom area at the east end of the building and the low points of the west side auditoriums regularly flooded around high tides during the cycle of king tides this past October, 2015. Water depths up to a few inches were reported. Tidal flooding in the adjacent streets up to the sidewalk curbs was reported. Based on our observations, it appears that the restroom area floor and the low points of the west side auditoriums are significantly below the high tide elevation during the cycle of king tides this past October, 2015. The drawings for the original construction also indicate a storage area, mechanical room and electrical room in the southeast corner of the building to be below exterior grade elevation (but several inches higher than the restroom area floor). The 2006 report by C3TS indicates that the ground floor is a concrete slab on ground. Assuming this to be true, it would not have been designed to prevent water seepage under hydrostatic pressure, and it would not have been designed to resist hydrostatic pressure. Assuming a four-inch thick concrete slab and ignoring the requirement for a factor of safety, a ground water elevation depth of just five to six inches above the floor could be expected to rupture the existing slab. The preponderance of scientific evidence predicts continued sea level rise, at an accelerated rate of rise, for the foreseeable future. Therefore, it should be expected that the flooding experienced to date will become deeper and more frequent. Other lower floor areas within the building may soon be affected. This investigation is limited to structural concerns, but obviously, the City should also take into account other issues arising from floor flooding such as possible contamination, mold growth, corrosion, rot, and electrical system safety issues. If it is desired to address only the restroom area at this time, one might consider the following options: 1. Raise Existing Restroom Floor If there is sufficient headroom to the structure above, one might consider raising the existing restroom. To accomplish this, however, would require casting say a six-inch thick concrete topping on the floor. This, in turn, would essentially require a complete demolition and reconstruction of the restrooms. Such construction would be fairly expensive. In addition, the raised level of floor may soon be below groundwater elevations. 2. Abandon Existing Restrooms and Reconstruct Restrooms Elsewhere If an area is available elsewhere, at the main ground-floor level, new restrooms could be constructed. Such new restrooms, however, would still likely be well below the current Design Flood Elevation (DFE). The abandoned restroom area would also still be subject to flooding with its negative effects. Therefore, it would be appropriate to raise the restroom floor with concrete topping to prevent flooding. An appropriate vapor barrier or waterproofing system should be included to prevent water vapor migration into the space. WWW.DOUGLASWOOD.BIZ 5040 N.W.7TH STREET,SUITE 820,MIAMI,FLORIDA 33126,1:(305)461-3450 Page 1221 of 1751 AFFIRMATIVE ACTION/EQUAL OPPORTUNITY EMPLOYED EB 6353 1050 BYRON CARLYLE THEATER MARCH 4, 2016 MIAMI BEACH, FLORIDA PAGE 5 OF 5 Again, of course, as sea level rises, the low floor level will eventually become subject to flooding again. 3. Demolish Existing Restrooms and Reconstruct with "Dry-Floodproofed" Construction It is allowed to "dry-floodproof" non-residential uses. In the case of the present location of the restrooms, dry-floodproofing would require a complete demolition of the existing non-structural construction in the area. It would also require removal of the existing concrete floor slab. It would also likely require removal of existing masonry walls around the restroom area and replacement with appropriately reinforced concrete or masonry walls. The floor slab would need to be replaced with a structurally reinforced concrete slab capable of resisting the DFE flood. Tension piles (to resist upward loads) would also be required at some spacing. The new slab and all perimeter walls up to the DFE would need to be waterproofed. Any openings below the DFE would need to be protected with appropriately designed flood panels. Sanitary drain pipes would need to be equipped with backflow preventers to prevent reverse flow through the pipes into the space. It would also be prudent to provide an automatic sump pump. None of the options discussed above would protect other building areas from king tide flooding or from tidal surge associated with hurricanes. If major renovations of the building were to be considered, and if the construction cost of such renovations (accumulated over a five-year period) were to exceed 50% of the concurrent construction cost value of the existing building, current regulations require that the entire building be brought into compliance with current FEMA design criteria. This would require all floors to either be raised to the DFE (currently +9.0 N.G.V.D.). If any floor areas remained below the DFE, they would need to be dry- floodproofed as described above for the restrooms. Obviously, this would be relatively costly. This would also result in lower ceiling heights and possible reconfiguration/raising of existing second floor areas. Raising or reconstruction of the ground floor would likely require the complete replacement of interior construction. Given the likely cost of such work, it would be prudent to enhance other existing structural system to provide greater hurricane resistance. In our opinion (in the absence of a detailed study), it would seem that such an extensive renovation would be as or more expensive than constructing a new building. WWW.D000LASWQOD.BIZ 5040 N.W.7TH STREET,SUITE 820,MIAMI,FLORIDA 33126,T:(305)461-3450 Page 1222 of 1751 AFFIRMATIVE ACTION/EQUAL OPPORTUNITY EMPLOYER' EB 6353 1051 } • — , Fr l:al 1 .•••••• Al. , 3 ff J .':,,s-, •- .a v12A 4'^_SsiJXSF A T• '1,�(,� .17140— 1 F 'Bc n f.4- . �f .. ..XMA;.»Y 'a''a't�•S i'yr^ n Y,,'1 ,±, v:.``.,4Z • PHOTOGRAPH NO.1 NORTHEAST CORNER OF BUILDING (NOTE STREET,SIDEWALK&DOOR ELEVATIONS. NOTE PROXIMITY OF STREET DRAINS) {% I_J d:f a� � rte' s't fl a w +'I 1, f r lYtis Ik.Si te: 4 • l .. - • 1 PHOTOGRAPH NO.2 NORTH SIDE EXIT DOORS 5040 N.W.7TH STREET,SUITE LShc1;'M12t0171P33134,T:(305)461–3450 AFFIRMATIVE ACTION I EQUAL OPPORTUNITY EMPLOYER 1052 EB 6353 ,, 4 1161 4 • lip: 1 0 1,- I p t + ® ; ; ._ ,' „ ,- . x _ � f • . A.. - . - , �s. ' ,q t. f • RC , +fits n , 1_t -. -• - ,4• ' 1�n t y`j "eK { -. er .1. • j7 -' ,• `"� {�•:�. 'rrwY ii-V.. • �*.;7 Y`'FS:).%•".4-"..:".P.:,4...,,.„ �::'k ' /?;S PHOTOGRAPH NO.3 NORTHWEST CORNER OF BUILDING (NOTE STREET,SIDEWALK&DOOR ELEVATIONS. NOTE PROXIMITY OF STREET DRAINS) �v1l/ 46 WWW.DOUGLASW,0ODD.BIZ 5040 N.W.7TH STREET,SUIT:':•'• OR1D/2533134,T:(305)461—3450 AFFIRMATIVE ACTION/EQUAL OPPORTUNITY EMPLOYER 1053 EB 6353 \ . 2.l...........`... \ \ RAL 4%.4466 \ « P.,'''';'72 ,.e\!��« � : ' y»: § «m » d`�^ d �+ � :. : \. d: . %» , ƒ2 . . 2z . ! "t {a • . �\\ - ��\ �\ A/ / z • - /, . : •/ • • "Ir: /\ ' , . . :> §\.y» \ • % > • ^ \, .,.4.14-,.:;',1,_ Rn • 2 ,7 . . § . -«-d. - � ® r « § 2 ,k% § \ �.��. . } t . ., 110. / F,- • z� It PHOTOGRAPH NO 4 SOUTHWEST CORNER OF BUILDING (NOTE SIDEWALK AND DOOR ELEVATION) 0 N.W.7TH STREETAmP,i t$«4g=5 t,k T:(305)461-3450 AFFIRMATIVE ACTION/EQUAL OPPORTUNITY EMPLOYER 4444 EB 6353 r----.7‘ kk4.' , 4'.. . v .,, . , . r...., . •-'4.•, I' •:: • .-'• ,• •i ..1 ' '-4.i; "N - • "h. - . .'1114.7ift ..•,•.•:". ; , ' .. ,,, , 4V , .• i••` •„. , -t r'..'•..+' .' IltrAk . v•ii-4r,‘ ... , •, • ., ,10 ., • ,.- • j ir i.' . , ' ..1.•' - .. ••••• ,•• "ilk:'".i .3,i . •• '‘' It -' . 4.• I a 4 . fir • . .? . '' l . , 4 IIILIIIOIJIIII- ',. , - 1 .r ,,, nt, r , .. , _ ' . I • - ; ."1.- N, ilb. 10'. • pri - ••:,e% .. _ . ,. 1 , . . A 4 ,• ' . .:.• : . — .;'4,.i..4 •-4.. =ft-1/414 . - - - - '"•••••.• ...-4,.. • t:'‘.41P)-W - ' . _ , ,. . . . . • •7.--,V,414V.,.%'"" 1 , - e f ,-:.'7'.: ]..! ;7.4. ..;:-.., ••••.' , . • ,114^•,-•!-`,s - . • • •-: ••j',.." ••••• 119 0 --. .k •••'•'7.• ...- ':'..t.' • .- :...i116., ,,,,.,,,... i., ... .1,.......T....,....,5„-.....;.. ,,er. . . 4.47 . : • ' . .. , ov.i.:';',.. • . . '. _Z.- 1,.:-, • . ,..:e..1.-;.-,.:4• 4:.>,\--.---,. ..,-.,„•„ . .. . . , .••- ..: . -. "s—,-,:''•• Z'..__4.:.- ' • ' -•- .-4`. '•7 • ek . . . ': .:-• 't.';'' ' !I ' --,1.•,;'''''s' -..-.'•Trt :. :.; •r.'41.4 )",6410r4°• ,.,:.--.....:-.. ' . • . ,,i,:iT.:. ,,',-,- ,-.,,..1-•''.. ' ..r•-• -'' .e.tt'.''''4 ..--,.,:y.,-..;:i - „...,..-... ,•,,,,,,;•. 7-.;,..•„1-:,,,-.4.-.,•,o,..-,-.,t1..1.-,1.,. •,;-.,..: ,-'44- -t,4-44,,o?..', v.,...4 .. .. , ,.. -k7.-4''.,,.. -.-4-147 -..:.•'"Ni;: -,'N'' ' •„.....t.t.i,J7•.'2....5.:-Pe'....•.1.° .,?i k. • • . ..J„... ,,,,ir ...-r.,, .,...4 . .. ..;•,,.,• , ,,,:q ,,.a.r.,....,;s*T........:...,,,,,:;„, .1. . ,...rf., .. • ,... • """:" ..,...; 4.,..:.;-.: ' ...'';',;Pr.*•:;.; '..-tf,ti.0 647...."--;;:x .. ....'1,- ••,' •. - . .' . 4"..4.ii,"- .,.....••••• •. ..--•.` ... -t - ,4•1•<°401.4°"':It''''-'141T;''.,..:!1/4. ;404•,...-.',, z.'•' • '. '•*. •'' ' • • ,,'...."'4.e•",..::: '1.•'°''-., -...•.,!..•..; 1 ;-4,.., , ..-;1) •.•00;,..4.• .. .. . • ,•:-., , • :.•,,,...,....,•,:t.........,f.....4, . k .. f.'?.;'..A g.-..,,,i7,2,,,,. • ;1;4'i ig., k: ... .;.! -.4, . . . . • k 07.40*, , .4irs—.. ..;;;;' ***-f.' .,:•;k:k.,.,..:1;..-. ;..C;7tt.%_•.: •..,, '',,••• • .. . . .-'...4t1; ::.viie,,,,:.-p;,,4, .,:.(4-;y..,4•.. 4: ,,,,.-;',v'. ,...,'3.',r,i,•..t,:e.' -.„ — !'.• ..,...- • : :,,....,;-,,., ::• ...liFfly,i,., „..$ ,t,,...;.::',+,t4 .4,"„••7 •-.., • . .*.M4`-*.i...3,:tIi:?1,A"'1..1.1).4.':...4:'1,' ..r.'"J-!i:e.:'''/41 -,''''',''il' '''...'..., 1,'4.40,„:‘,,,:;:;\ -." ', ' . .... '. ' '.• -- ' •'',''.'•'''4 '',•rit'•.::.9.7.1.-: ..._•./.;,;--;.-'/3f-':..',''';',44,;',,.”' i'"I'-''`r. :,' -,.'.' .11•'n(-•'•:.,,''4'-',t1'1"i'', • i , • ' • k , ..,... ,.. ......_...„..,.,..„,,,,..,,,...,,,,,.... ....',,- '.-y -,'•'...,,Lil,-. ! ,:.•'''• r.,..V.,`..,,'a. ',„ PHOTOGRAPH NO.5 NORTH SIDE EXIT DOOR (NOTE THRESHOLD ELEVATION RELATIVE TO SIDEWALK) 5040 N.W.7TH STREET,SUIRci4gg,illaaff:gogzZA133134,T:(305)461-3450 AFFIRMATIVE ACTION/EQUAL OPPORTUNITY EMPLOYER 1055 EB 6353 f • Mr UMW 41144 i, V; l. r'.4:. a TY-14'4- a--:r3 tT.n•,s•• F PHOTOGRAPH NO.6 (EXISTING RESTROOM) a 1'fF tp"4. 44... 4... .. Mile ..E 11, PHOTOGRAPH NO.7 (EXISTING RESTROOM) 5040 N.W.7TH STREET,SUITPaggM ,7F R1171613134,T:(305)461-3450 AFFIRMATIVE ACTION/EQUAL OPPORTUNITY EMPLOYER 1056 EB 6353 • \r i, \ • /\ •• � ? :• t\ \ \ y.1: + - ; \ . .• • • , • �ƒ� � PHOTOGRAPH NO.8 STEPS FROM LOWER RESTROOM UP TO LOBBY 5040 STREET,krF %l;Qg/ ,k T.75)4,-, 50 AFFIRMATIVE ACTION/EQUAL OPPORTUN�TE,Rm«R 7777 EB 6353 .y 3.:114A - At„ U a ',x4 u, . x7.1.1:. Wit. 1t PHOTOGRAPH NO.9 STEPS FROM LOBBY DOWN TO RESTROOM &UP TO UPPER AUDITORIUM • i ..4 \17" PHOTOGRAPH NO.10 MAIN LOBBY (SLIGHT RAMP UP FROM SIDEWALK-LEVEL ENTRY DOORS) 1 5040 N,W.7TH STREET,SUIT:!4,`1VI/ ,`f fRl13A533134,T:(305)461-3450 AFFIRMATIVE ACTION/EQUAL OPPORTUNITY EMPLOYER 1058 EB 6353 THIS PAGE INTENTIONALLY LEFT BLANK Page 1230 of 1751 1059 V FA Requirement list Report ByPrtority Region Name:CITY OF MIAMI BEACH Campus Name:City Buildings-2017 Assessment Asset Name:Byron Carlyle Theater-18 Reporting Currency:USD Prime System:All Requirement Priority:All - Requirement Category:Beyond Useful Life Requirements Included: All Priority Requirement Name Requirement Prime System System Group Action Action Date Finish Date Status Linked System Requirement Category Year Cost ------------- 0-Due ACT System-Old Beyond C3030-Ceiling Interior Construction 2007 Sep 11,2007 Open ACT System-Old 29,775 within 12 Renewal Useful Life Finishes and Conveyance Months 0-Due Access Ladder Renewal Beyond E10-Equipment Equipment 2014 Jun 16,2014 Open Access Ladder 2,297 within 12 Useful Life Months 0-Due VCT 4-Average Beyond C3020-Floor Finishes Interior Construction 2014 Jun 16,2014 Open VCT 4-Average 23,050 within 12 Renewal Useful Life and Conveyance Months 0-Due within 12 Months 55,122 Copyright ©2017 VFA,Inc.All rights reserved. Dec 5,2017 8:22:38 AM CMB Property Management Div. Page 140 of 393 .:- 3 Page 1231 of 1751 9 ‘..9 V FA Requirement List Report By Priority Priority Requirement Name Requirement Prime System System Group Action Action Date Finish Date Status linked System Requirement Category Year Cost 1-Due Carpeting 2-High Beyond C3020-Floor Finishes Interior Construction 2016 Jun I6,2016 Open Carpeting 2-High 195,600 13-24 Quality Renewal Useful Life and Conveyance Quality Months 1-Due Emergency Battery Pack Beyond D5092-Emergency Electrical System 2016 Jun 16,2016 Open Emergency Battery 22,945 13-24 Lights Renewal Useful Life Light and Power Pack Lights Months Systems 1-Due Fire Alarm System Beyond D5030- Electrical System 2016 Jun 16,2016 Open Fire Alarm System 173,468 13-24 Renewal Useful Life Communications and Months Security 1-Due GWB Walls-Standard- Beyond C1010-Partitions Interior Construction 2016 Jun 16,2016 Open GWB Walls- 68,800 13-24 Old Theaters Renewal Useful Life and Conveyance Standard-Old Months Theaters 1-Due Metal Pipe Railings Beyond B2015-Balcony Walls Exterior Enclosure 2016 Jun 16,2016 Open Metal Pipe Railings 5,668 13-24 Renewal Useful Life and Handrails Months 1-Due Package Electrically Heat Beyond D3050-Terminal and HVAC System 2016 Jun 16,2016 Open Package Electrically 58,746 13-24 and AC-3 Ton Renewal Useful Life Package Units Heat and AC-3 Ton Months 1-Due Painted Finish-Average Beyond C3010-Wall Finishes Interior Construction 2008 Sep 11,2008 Open Painted Finish- 53,750 13-24 Renewal Useful Life and Conveyance Average Months Copyright ©2017 VFA,Inc.All rights reserved. Dec 5,2017 8:22:38 AM CMB Property Management Div. Page 191 of 393 � Page 1232 of 1751 ��JJ , V FA Requirement List Report By Priority Priority Requirement Name Requirement Prime System System Group Action Action Date Finish Date Status Linked System Require entt Category Year Cos 1-Due Telephone System Beyond D5030- Electrical System 2016 Jun 16,2016 Open Telephone System 49,203 13-24 Renewal Useful Life Communications and Months Security 1-Due A"Exhaust-Restroom Beyond D3040-Distribution HVAC System 2016 Jun 16,2016 Open "Exhaust- 75,987 13-24 Renewal Useful Life Systems Restroom Months 704,167 1-Due 13-24 Months 10-All ACT System-New Beyond C3030-Ceiling Interior Construction 2021 Sep 11,2021 Open ACT System-New 39,700 Other Renewal Useful Life Finishes and Conveyance 39,700 10-All Other 2-Due LAN System Renewal Beyond D5030- Electrical System 2017 Jun 16,2017 Open LAN System 70,375 25-36 Useful Life Communications and Months Security 2-Due Modified Bitumen Beyond B30-Roofing Exterior Enclosure 2017 Jun 16,2017 Open Modified Bitumen • 139,721 25-36 Renewal Useful Life Months 2-Due Raised Wood Paneling Beyond C3010-Wall Finishes Interior Construction 2009 Sep 11,2009 Open Raised Wood 9,228 25-36 Renewal Useful Life and Conveyance Paneling Months Copyright©2017 VPA,Inc.All rights reserved. Dec 5,2017 8:22:38 AM CMB Property Management Div. Page 142 of 393 .: D D Page 1233 of 1751 V FA Requirement List Report ByPriorJiy Priority Requirement Name Requirement Prime System System Group Action Action Date Finish Date Status Linked System Requirement Category Year Cost 2-Due Roof Hatch Renewal Beyond B3022-Roof Hatches Exterior Enclosure 2017 Jun 16,2017 Open Roof Hatch 1,502 25-36 Useful Life Months 2-Due Swinging Doors-3 x 7 Beyond C1020-Interior Doors Interior Construction 2017 Jun 16,2017 Open Swinging Doors-3 149,489 25-36 HM-Rated Renewal Useful Life and Conveyance x 7 HM-Rated Months 2-Due 25-36 Months 370,315 3-Due Domestic Water Beyond D2020-Domestic Plumbing System 2018 Jun 16,2018 Open Domestic Water 43,578 36-48 Distribution Useful Life Water Distribution Dist Complete Months 3-Due Lighting-Exterior-HID Beyond D5020-Lighting and Electrical System 2018 Jun 16,2018 Open Lighting-Exterior- 5,967 36-48 Wall Packs Renewal Useful Life Branch Wiring HID Wall Packs Months 3-Due Sanitary Waste System Beyond D20-Plumbing Plumbing System 2018 jun 16,2018 Open Sanitary Waste 184,295 36-48 Renewal Useful Life System Months 3-Due 36-48 Months 233,840 Copyright 0 2017 VFA,Inc.All rights reserved. Dec 5,2017 8:22:38 AM CMB Property Management Div. Page 143 of 393 Page 1234 of 1751 V FA Requirement list Report ByPriorlty Priority Requirement Name Requirement Prime System System Group Action Action Date Finish Date Status linked System Requirement Category Year Cost 5-Due Drinking Fountains Beyond D2010-Plumbing Plumbing System 2019 Jun 16,2019 Open Drinking Fountains 5,103 61-72 Renewal Useful Life Fixtures Months 5-Due 61-72 Months 5,103 6-Due Exit Signs-Average Beyond D5092-Emergency Electrical System 2020 Jun 16,2020 Open Exit Signs-Average 17,074 73-84 Density Renewal Useful Life Light and Power Density Months Systems. 6-Due 73-84 Months 17,074 Byron Carlyle Theater-18 1,425,321 Copyright©2017 VFA,Inc.All rights reserved. Dec 5,2017 8:22:38 AM CMB Property Management Div. Page 144 of 393 D , Page 1235 of 1751 ID{; MANAGEMENT AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND LIVING ARTS TRUST, INC. DIB/A 0 CINEMA FOR THE MANAGEMENT AND OPERATION OF A PORTION OF THE BYRON-CARLYLE THEATER THIS AGREEMENT, is made and executed as of this o 9 day of Miter , 2014 (Effective Date), by and between the CITY OF MIAMI BEACH, a municipal corporation organized and existing under the laws of the State of Florida, whose address is 1700 Convention Center Drive, Miami Beach, Florida 33139 (City), and the LIVING ARTS TRUST, INC. D/B/A 0 CINEMA, a Florida not-for-profit corporation, whose principal address is 2401 Swanson Ave, Miami, Florida 33133(0 Cinema). BACKGROUND City is the owner of the Byron Carlyle Theater(the "Theater"), located at 500 71m Street, Miami Beach, Florida 33141, including that portion of the Theater that is subject to the Agreement(the"Facility"). The proportionate use of the Theater between the City and 0 Cinema is more particularly described and depicted in Exhibit"A" attached hereto and made a part hereof. The use of the Facility under this Agreement shall not include the use of the Common Area, as also depicted in Exhibit"A" hereto. 0 Cinema is a Florida not-for-profit 501(c)(3) corporation that showcases first-run independent, foreign, art, and family films with locations in Miami's Wynwood Arts District and the Village of Miami Shores. At its regular meeting on July 23, 2014, the Mayor and City Commission directed the City Administration to negotiate an agreement with 0 Cinema for the principal purpose of operating and maintaining the Facility as a Motion Picture Theater, as such term is defined herein and in the City's Land Development Regulations, as same may be amended from time to time. On September 10, 2014, the City Commission adopted Resolution No. 2014-28729, waiving, by 517th vote, the competitive bidding requirement, and authorizing the Mayor and City Clerk to execute a final agreement upon conclusion of successful negotiations with 0 Cinema. 1 Page 1236 of 1751 NOW THEREFORE, recognizing the aforestated recitals as true and correct and incorporating herein, and in consideration of the mutual covenants and conditions herein contained, it is agreed by the parties hereto as follows: SECTION 1.DEFINITIONS. For purposes of this Agreement, the following terms have the meanings referred to in this Section 1: "City"--as defined in the first paragraph of this Agreement. "City Commission"--the governing and legislative body of the City. "City Manager" -- the chief executive officer of the City or such person (the City Manager's designee) as may from time to time be authorized in writing by such administrative official to act for him/her with respect to any or all matters pertaining to this Agreement. The City Manager's designee shall be the Director of Tourism, Culture, and Economic Development. "Commencement Date"--as defined in Section 2. "Contract Year" — each one year period during the Term of the Agreement, beginning October 1' and ending on September 30th, except that the last year of the Initial Term and any Renewal Term, if granted by the City, at its sole discretion, shall be extended by one month, ending on October 31. "Effective Date"—the date as defined in the first paragraph of this Agreement. • "Event" — a single screening of a film or motion picture at the Facility, involving a scheduled beginning and ending time, typically all within the same day(or,for an evening Event, typically commencing in the evening and concluding no later than 3:00 a.m. of the succeeding day, unless otherwise approved in writing by the City Manager). With respect to a "Run" (as such term is hereafter defined), each screening of a film or motion picture within the Run shall constitute an Event. "Event Expenses" -- any and all expenses incurred or payments made by 0 Cinema in } connection with the occurrence of an Event at the Facility, including, but not limited to, costs for staffing (including ushers, ticket takers, security, and clean-ups). "Expiration Date"--as defined in Section 2. • "Facility" — the portion of the Theater, as defined in the Background Section of this Agreement, which is depicted in Exhibit "A" hereto, and which constitutes approximately 72% of 2 Page 1237 of 1751 the Theater space. The Facility shall not include the area marked as Common Area (as also depicted in Exhibit"A" hereto). "Fiscal Year" -- each City fiscal year during the Term of this Agreement, beginning on October 1s`and ending on September 30th. "Governmental Requirements" -- all laws, ordinances, rules, regulations, statutes, policies and procedures (including administrative guidelines), and other legal requirements of any governmental body or authority or any agency thereof(including, without limitation, federal, State, County, and City). Motion Picture Theater - shall have the meaning prescribed in Section 114-1 of the City's Land Development Regulations, as same may be amended from time to time. "Net Concession Revenues" - shall mean all Concession Revenues, as defined in the "Operating Revenues"herein, less the costs of the concession goods. "Net Operating Loss/Profit" - with respect to a Fiscal Year, the excess, if any, of Operating Expenses for such Fiscal Year over Operating Revenues for such Fiscal Year, in the case of a loss, and the excess, if any, of Operating Revenues for such Fiscal Year over Operating Expenses for such Fiscal Year, in the case of a profit. "Net Ticket Revenues" - shall mean the total Ticket Revenues, as defined in the "Operating Revenues" herein, less the costs of the film distributor fees. "0 Cinema"--as defined in the first paragraph of this Agreement. "Operating Expenses" - any and all expenses and expenditures of whatever kind or nature incurred, by 0 Cinema in promoting, operating, maintaining, insuring and managing the Facility, including, but not limited to: distributor fees, costs of concession goods, employee compensation; employee benefits, if any; supplies, materials and parts costs; costs of any interns and independent contractors; advertising costs; - nt ^a. reams-� "••� reornenti marketing and public relations costs and commissions; janitorial and cleaning expenses; dues and membership costs; amounts expended to procure and maintain permits and licenses; sales taxes imposed upon ticket sales; professional fees directly relating to the operation of the Facility; printing costs; Event Expenses; postage and freight costs; equipment rental costs; computer equipment leases and line charges; telephone and telecommunications services; artist and talent fees, costs, and expenses, show settlement charges; security expenses; the cost of employee uniforms, safety and medical expenses; 3 Page 1238 of 1751 exterminator and waste disposal costs; costs relating to the maintenance of signage; the costs associated with compliance with Governmental Requirements; Shared Utilities (to be split based on the Proportionate Use of the Facility between 0 Cinema and the City, as set forth in Section 20.1); and all premiums for insurance carried by 0 Cinema pursuant to Section 14. Operating Expenses shall not, however, include any costs of litigation between City and 0 Cinema, or any other costs that are specified in this Agreement as costs to be paid by City. All Operating Expenses shall be determined in accordance with generally accepted accounting principles consistently applied and recognized on a full accrual basis. "Operating Revenues" — any and all revenues of every kind or nature derived from promoting, operating and managing the Facility, including, but not limited to revenues from merchandise sales, equipment rentals, food service and concession revenues (collectively "Concession Revenues"); provided however, that if such revenues are collected in the first instance by, and retained by, the concessionaire, only the amount of such revenues paid by the concessionaire to 0 Cinema shall be included as Concession Revenues); all box office revenues, inclusive of ticket sales (collectively "Ticket Revenues"); commissions or other revenues from decoration and set-up, security, and other subcontractors (however, if such revenues are collected in the first instance by and retained by such subcontractors, only the amount of such revenues paid by such contractors to 0 Cinema shall be included as Operating Revenues); miscellaneous operating revenues; revenues generated from separate agreements with 0 Cinema pertaining to the Facility; sponsorship revenues; interest revenues; rentals, and advertising sales; all as determined in accordance with generally accepted accounting principles and recognized on a full accrual basis; Operating Revenues shall not, however, include any revenue from valet parking or any other parking charges with respect to the Facility or Events and shall not include any revenues from name-in-title rights (i.e., the right to name the exterior or interior of the Facility or any portion thereof, except as set forth in subsection 8.3.1 hereof), and any signage related thereto), all of which are specifically reserved to the City. "Proportionate Use"—The Proportionate Use of the Theater by the City or 0 Cinema, as more particularly delineated in the attached Exhibit "A", with the City using 28% of the Theater and 0 Cinema using 72% of the Theater. "Run" — A sequence of screenings, on consecutive days, of the same film or motion picture(i.e. of the same Event). "Term"-- as defined in Section 2; provided, however, if this Agreement is extended for a • 4 Page 1239 of 1751 Renewal Term, all references to"Term"contained herein shall also include the Renewal Term. SECTION 2. TERM. 2_1 Initial Term. This Agreement shall be for an initial term of five (5) years and one month, commencing retroactively on October 1, 2014 (Commencement Date), and ending on October 31, 2019 (Expiration Date), unless earlier terminated pursuant to the provisions of this Agreement. 2.2 Renewal Term(s). At its sole option and discretion, the City may extend this Agreement for up to five (5) additional one (1) year terms, and/or multi-year terms, but in no event to exceed five (5)years in total (each such one year term, or multi-year term, as the case may be, a Renewal Term), by providing 0 Cinema with not less than 365 days prior written notice prior to the Expiration Date, or not less than ninety (90) days written notice prior to the expiration date of a Renewal Term, as the case may be. 2.2.1 Notwithstanding anything in this Section 2, in the event 0 Cinema decides not to renew the Agreement, it shall provide the City Manager with written notice of its intent not to renew at least 365 days prior to the Expiration Date, or ninety (90) days written notice prior to the expiration date of the then current Renewal Term, as the case may be. SECTION 3. BYRON CARLYLE THEATER FACILITY. The Facility subject to this Agreement shall be those facilities and spaces more specifically defined herein and described in the attached Exhibit "A". Subject to the terms of this Agreement, 0 Cinema shall have the primary use and sole occupation of the Facility and shall be responsible for its management, operation, promotion, and maintenance, as further set forth herein. SECTION 4. OPERATION AND MANAGEMENT OF THE BYRON CARLYLE. 4.1 General Scope. City hereby engages 0 Cinema to operate, manage, maintain, promote and market the Facility during the Term, as a Motion Picture Theater, as defined herein, showcasing first-run independent, foreign, art, and family films, upon the terms and conditions hereinafter set forth. 4.2 Manager of the Facility. 0 Cinema accepts the engagement and agrees to operate, manage, maintain, promote and market the Facility as a Motion Picture Theater, in a 5 Page 1240 of 1751 manner consistent with other comparable first class Motion Picture Theaters in Miami-Dade County. For purposes of this Agreement, the term "comparable first-class Motion Picture Theaters" shall include the Coral Gables Art Cinema, located at 260 Aragon Avenue, Coral Gables, Florida; the Bill Cosford Cinema, located at 5030 Brunson Drive, Memorial Building, Coral Gables, Florida; and the other 0 Cinema theaters, located in Wynwood, at 90 NW 29`h Street, Miami, Florida, and Miami Shores, at 9806 NE 2"d Avenue (hereinafter the "Comparable Facilities"). Subject to the terms of this Agreement, 0 Cinema shall be, as agent for the City, the sole and exclusive manager of the City to operate, manage, maintain, promote and market the Facility during the Term. In such capacity, except as otherwise expressly reserved under this Agreement to the City, and/or except for such matters as are subject to the approval of the City or City Manager, and further subject to Subsections 4.2.1, 4.2.2, and 4.2.3 hereof, 0 Cinema shall have exclusive authority and responsibility over the management and operation of the Facility and all activities therein. 4.2.1 Permitted Uses. 0 Cinema shall use the Facility solely and exclusively for the following purposes: a) Primary Use as a Motion Picture Theater. The Facility shall be used primarily as venue for 0 Cinema's not for profit motion picture presentation company and showcase independent, foreign, art, family films, or such other films as keeping with those typically shown at 0 Cinema's other locations. b) Secondary (Ancillary) Uses. In addition to the Primary Use as a Motion Picture Theater, 0 Cinema may also use the Facility, from time to time, as/for: i) live theatrical entertainment venue; provided that the Facility, or any part thereof, will not be used as an adult entertainment establishment(as defined in Section 142-1271 of the City's Land Development Regulations, as same may be amended); as a dance hall; or as an entertainment establishment(as defined in Section 114-5 of the City's Land Development Regulations, as same may be amended); ii) private rentals for individual and group events and receptions; and iii) corporate events and receptions. c) Food and Beverage Concession. 0 Cinema shall have the right to operate or, subject to the City Manager's prior written approval, have a third party concessionaire operate: a fully stocked beverage concession with a concession menu offering regular 6 Page 1241 of 1751 • • • movie theater fare with an "art house twist,' including reasonably priced beer and wine, artisan cookies, cupcakes and chocolate panache goodies. Pursuant to Resolution No. 2014-28790 , the aforementioned permission to self beer and wine for consumption within the Facility ("Beer and Wine Privileges°) is limited and hereby granted only for 0 Cinema,for so long as 0 Cinema (under its current ownership)shall continue to manage and operate the Facility during the Term of this Agreement, and shall not extend to any other operator (including any successors and/or assigns of 0 Cinema). Any change in ownership including, without limitation, a successor or assign of 0 Cinema, 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. 0 Cinema's Beer and Wine Privileges are further subject to 0 Cinema securing the requisite authorization to • self 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 follovving criteria: i. the sale of alcohol for consumption off the 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 Facility must have designated alcohol beverage consumption areas; Iv. no °Happy Hour" type of reduced price alcohol beverage promotion shall be allowed; v. 0 Cinema shall obtain the requisite state licenses; vi. 0 Cinema shall collect and remit resort taxes to the City, as required pursuant to Section 102-306 of the City Code; and vii. 0 Cinema shall not be permitted to operate between the hours of 3:00 a.m.and 8:00 a.m. d) 'Film-Centric° Merchandising Shoo. 0 Cinema shall have the right to operate or, subject to the City Manager's prior written approval, have a third party operate, a"film-centric" merchandise shop offering for sale film related T-shirts and other film memorabilia. Failure to comply with the provisions of Section 4.2.1 shall be deemed to be a default under this Agreement 7 .E? .1242 of 1751 4.2.2 Prohibited Uses. It is understood and agreed that the Facility shall be used by 0 Cinema during the Term only for the Permitted Uses in subsection 4.2.1, and for no other purposes or uses whatsoever. Notwithstanding anything contained in subsection 4.2.1, or any other term or condition of this Agreement: (1)0 Cinema will not make or permit any use of the Facility that, directly or indirectly, is forbidden by any Governmental Requirement, or that may be dangerous to life, limb or property; (2) 0 Cinema 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"); provided, however, that 0 Cinema shall be permitted to show films of an adult nature with strong sexual content provided that such films are reasonably considered of the type of film that are shown in independent art cinemas in Comparable Facilities; (3) 0 Cinema 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) 0 Cinema may not commit waste on the Facility, use the Facility for any illegal purpose, commit a nuisance on the Facility, or allow any toxic, hazardous or dangerous substance to be brought into the Facility 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 0 Cinema uses the Facility for any purposes not expressly permitted herein, then the City through its City Manager may declare this 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 0 Cinema. 4.2.3 Cessation/Suspension of Approved Use(s) and/or Business Activitv(ies). Notwithstanding anything contained in this Agreement, and except for the Permitted Uses expressly set forth in subsection 4.2.1, in the event that another particular use(s) and/or business activity(ies) has been approved by the City Manager, and the City Manager thereafter, upon reasonable inquiry, determines that the continuation of such use(s) and/or activity(ies) is, or may be, inconsistent, contrary to, and/or detrimental to the Permitted Uses set forth in this Agreement, and/or to the health, safety and/or 8 Page 1243 of 1751 welfare of the residents of and visitors to the City of Miami Beach, then the City Manager, upon thirty (30) days prior written notice to 0 Cinema of same, may revoke, suspend, and/or otherwise disallow the objectionable uses(s) and/or business activity(ies), and 0 Cinema shall immediately cease and desist in providing, and/or continuing with, said use(s) and/or business activity(ies)within the time period and in the manner prescribed in the City's notice. In the alternative, the City Manager and/or his designee may allow 0 Cinema to continue with the subject use(s), or business activity(ies), subject to such additional guidelines, as may be determined and established by the City Manager, in his/her sole and reasonable discretion and judgment. 4.2.4 Annual Benchmarks. Every year, throughout the Term of the Agreement, O Cinema shall achieve the following benchmarks: • operate a minimum of 5-days a week, 48 weeks a year schedule; • present no less than 500 Events throughout the year; 15,000-25,000 • serve an anticipated 4019-241-visitors per year; • highlight and market 0 Cinema Miami Beach as part of 0 Cinema's annual marketing budget, - -�' .4, = ~` - • provide Miami Beach residents with discounted-quality cinematic offerings (10% discount)at least 12 times per year, for a minimum of one film screening per month. SECTION 5. SCOPE OF SERVICES. 5.1 General. 0 Cinema shall perform and furnish management services, personnel, and systems and materials, as are appropriate or necessary to operate, manage, maintain, and promote the Facility in a manner consistent with the operations, management, maintenance and promotion of Comparable Facilities. 5.2 Required Number of Events: Continuous Operation; Conclusion of Events. In order to ensure the continuous operation of the Facility for its Primary Use as a Motion Picture Theater, 0 Cinema shall cause at least 500 Events to be held at the Facility for each Contract 9 Page 1244 of 1751 Year (and proportionately for any partial Contract Year) during the Term. The aforesaid 500 Events shall be calculated by counting each separate Event in a Run. Notwithstanding the preceding paragraph, 0 Cinema shall cause the Facility to be open continuously on a year round basis, provided, however, that all Events and all other uses shall conclude no later than 3:00 a.m. unless otherwise approved by the City Manager. Booking Policies. The City and 0 Cinema agree and acknowledge that the Facility must primarily be used by 0 Cinema as a Motion Picture Theater, but that 0 Cinema may also, from time to time, as a Secondary/Ancillary Use, as provided in subsection 4.2.1, rent the Facility to third party presenters consistent with the terms of this Agreement; and consistent with similar uses at Comparable Facilities (including, without limitation the Wynwood and Miami Shores 0 Cinemas). Notwithstanding the preceding, or any other term or condition of this Agreement, the City Manager shall have the right to prohibit such Secondary/Ancillary Uses from occurring at the Facility, upon the City Manager's reasonable determination that such use might present unreasonable safety concerns, or violate (or otherwise not comply with) Governmental Requirements. Notice of any such determination shall be sent by written notice to 0 Cinema within thirty (30) days after the City Manager has received thee'booking report from 0 ^ annual Cinema that specifies the potential Event. 5.3 Specific Services. Without limiting the generality of the foregoing, 0 Cinema shall perform all of the following services, in a manner.consistent with the management and operation of the other Comparable Facilities: 5.3.1 employ, supervise, and direct all employees and personnel consistent with the provisions of this Agreement. All employees shall be employees of 0 Cinema, and not of City. 0 Cinema shall be solely responsible for assuring that the Facility is adequately staffed with competent, qualified personnel to fulfill its responsibilities under this Agreement; 5.3.2 administer relationships with all third parties for the use, maintenance, operation and promotion of the Facility, and enforce contractual agreements concerning any such third party relationships; 5.3.3 negotiate, execute in its name as agent for the City, deliver, and (The City administer any and all contracts in connection with the management,-43;eilii,e - shall be in charge promotion and operation of the Facility; provided that if any such contract has a term that of maintenance) extends beyond the remaining Term, such contract shall provide that it is automatically 10 Page 1245 of 1751 assigned to City as of the expiration or termination date of this Agreement and that the City Manager may terminate any such agreement at any time, without cause and/or liability to the City, upon not less than ten (10)days written notice. 5.3.4 Except as otherwise provided in this Agreement, 0 Cinema shall have the sole authority to approve the scheduling of any Event and other uses (i.e. the Secondary/Ancillary Uses) to be held at the Facility, subject to the limitations and requirements of this Agreement; Notify the City of requjred maintenance of the Facility,. 5.3.5 (including, without limitation, all structural components thereof and all electrical, HVAC, life safety, mechanical, plumbing and other so that the City may keep the Facility systems and equipment)„in a good and clean condition consistent with the Comparable Facilities and in compliance with all Governmental Requirements, ordinary wear and tear, and casualty loss excepted. Maintenance responsibility shall include, without limitation, preventative and any and all other maintenance and as required in Exhibit"B"to this Agreement(entitled"City of Miami Beach Minimum Specifications for T e pity Maintenance of the Miami Beach Byron Carlyle Theater"). shall maintain in full force and effect service contracts with qualified and licensed service providers with respect to HVAC, roof and elevator systems _- s = - 6 ss ifrrrr�rC e-ui xperierrce r tniraintairrr a aya-rbrrro arra' va iG7 Y i vvrara as a vestry-i crew 0 Cinema shall keep on-site maintenance records reflecting all of 6— aintenpnce required at the.Facility rn. requ-st-d o the Ci , .s tie peed arises jrcy qua - _. . _ , - _ _ - ,.- =mss { 1- n.'n`._. •e:. _ • _ rr7 �._,e a, .._ �. -_i -_•.T - a•�e -_vim. City will respond to 0 Cinema facility maintenance requests within 4 days for tagPettbrrarithWier non-urgent issues. In the case of required emergency maintenance that may O Cinema warrants and represents to City that, prior to the Effective Date, 0 add duress to operations, Cinema inspected the Facility, and 0 Cinema hereby accepts the Facility"as-is, where-is response time shall be within and with all faults". The aforementioned notwithstanding, the City has identified a variety 24 hours. of repairs needed to the Facility which it has agreed to address prior to and within 6 months of the Commencement Date of this Agreement. Those repairs are listed in Exhibit "E". In addition, the City shall ensure that all equipment, bathroom, plumbing, i1 Page 1246 of 1751 HVAC, fire extinguishers, fire alarms, and smoke detectors are in working order and that the Theater is up to applicable codes before Commencement Date of this Agreement; 5.3.6 rent, lease, or purchase all equipment and maintenance supplies necessary or appropriate for the operation and maintenance of the Facility; 5.3.7 establish and adjust prices, rates and rate schedules for the aforesaid contracts, and any other commitments relating to the Facility, to be negotiated by 0 Cinema in the course of its management, operation, maintenance and promotion of the Facility, ��. r ±Q=•t�* � The initial prices and rates and rate schedules for the rental of the Facility, set forth in the attached Exhibit"F" have been approved by the City Manager. ' ,--z ;-,` lzt"ad �Fli�c'.r�ci��_.'aa., lv vYclflta'91rl�iV-iJTf�1"OJ7'f�Gl�`clKiGvl�ctit. v-^�/�•• . 5 nGv _ __YG`vafzSi'fti r aorov-eYJOTiGor-VvYui- Tle ci ales "`p dor-r`' 5.3.8 pay when due, on behalf of the City, all Operating ExpensesAfrom 0 Cinema's own funds; (not to include Maintenance Expenses) 5.3.9 after consultation with the City Manager and the City Attorney, and subject to approval by the City Attorney or his designee, institute as agent for the City, the costs of which shall be included as Operating Expenses, such legal actions or proceedings necessary or appropriate in connection with the operation of the Facility (using legal counsel approved by the City Attorney), including, without limitation, to collect charges, rents or other revenues due to the City or to cancel, terminate or sue for damages under, any license, use, advertisement or concession agreement for the breach thereof or default thereunder by any licensee, user, advertiser, or concessionaire at the Facility; institute on 0 Cinema's own behalf (and not as agent for City) without consultation or approval of the City, the costs of which shall be included as Operating Expenses, such legal actions or proceedings necessary or appropriate in connection with the operation of the Facility, including, without limitation, to collect charges, rents or other revenues due to the City or 0 Cinema or to cancel, terminate or sue for damages under, any license, use, advertisement or concession agreement for the breach thereof or default thereunder by any licensee, user, advertiser, or concessionaire at the Facility; 5.3.10 maintain a master set of all Event and other uses (including, without limitation, the Secondary/Ancillary Uses) records, booking records and schedules for the Facility(which shall be available for inspection by the City Manager upon request); 12 Page 1247 of 1751 5.3.11 provide day-to-day administrative services in support of its management activities to ensure that the Facility shall be operated, managed, and maintained and promoted in a first class manner consistent with the Comparable Facilities including, but not limited to, acquisition of services, equipment, supplies and facilities; maintenance and property management; personnel management; record-keeping; collections and billing; and similar services; 5.3.12 engage in advertising, solicitation, and promotional activities necessary to effectively market and promote the Facility. In connection with its activities under the terms of this Agreement, 0 Cinema will be permitted to use the logo and brand identity of the City of Miami Beach, and of the Facility, as approved by the City Manager; 5.3.13 act as a collection agent for the City on sales taxes from operation of the Facility and remit to the State of Florida such sales taxes; 5.3.14 Except as otherwise approved by the City Manager, 0 Cinema shall not license or allow the use of any portion of the Facility, except as permitted for the Secondary/Ancillary Uses and, in such cases, only for short-term users (i.e., less than thirty(30)consecutive days). 0 Cinema shall require that all users of the Facility provide certificates of insurance evidencing appropriate insurance and any other insurance required by the applicable license, use or occupancy agreement. Copies of these kept on record by O Cinema and available to the City Manager uponreest. certificates shall be €r�e , .,>- - = `rev: quuch insurance shall be kept in force at all times by all licensees, users, lessees and concessionaires. All liability policies shall name the City and 0 Cinema as additional insureds. 0 Cinema shall also require all users of the Facility to execute (among the terms of the license or occupancy agreement) an agreement to indemnify, defend and hold harmless the City.The City has approved 0 Cinema's proposed standard license or occupancy agreement, as attached as Exhibit"C" hereto; 5.3.15 Resident Ticket Program. 0 Cinema shall operate a discount ticket program available only to City of Miami Beach residents (meaning individuals who permanently reside in the City of Miami Beach), by which a ten percent (10%) discount off of the full face value pricing shall be made available to such City of Miami Beach residents ("Resident Tickets")for a minimum of one film screening per month. 0 Cinema reserves the right to require proof of City residency including, but not limited to, government photo ID, utility bill, school ID or other similarly credible indicia of residency. For these purposes, the foregoing Resident Tickets shall be subject to the following 13 • Page 1248 of 1751 rules: 1)All tickets shall be sold on a first come, first served basis and shall be available at the Facility box office; 2) The type and location of seating for all tickets shall be determined by 0 Cinema, in its sole discretion-, but shall include a full range of all ticket prices; and 3) 0 Cinema shall have the right to promulgate additional reasonable rules concerning such sales so long as same are consistent with the terms hereof to assure the efficient operation of the program and compliance with these terms and conditions; 5.3.16 0 Cinema shall participate, at minimum once per month, in the Golden Ticket and Culture Shock programs offered by Miami-Dade County. SECTION 6.COMPENSATION TO THE CITY FOR USE OF THE FACILITY(USE FEE). 6.1 Base Use Fee/Percentage Base Use Fee/Minimum Guaranteed Base Use Fee. `n - - --, -cr c .Mgl e€22; 'r,'�v��... y,9 -Q.ti a y.`..'---• -.. -`_.- -._a• - _...>.' _..._��,r. __•.. .._• •___m,...lt1'"t r a1elkje -i"i a) During the first three (3) Contract Years, in consideration for 0 Cinema's investments of equipment, staffing, marketing and improvement, 0 Cinema shall pay the City a Base Use Fee, in the amount of$2,500.00 per year; b) a- en • �,. ,._ . - cal;v- - -a b_a • oncession =eve tie •o n •e ne. e=nj,•= - i r I amt y _ gi -t a T 1..1C_f- C) ��1r1G� 111G IGIIIQII IV GI VI l 1 • •O IGI111, VVIIIIIIGIIVIII "Y1r(Y �YL granV 7e = _:_. - - si.rari-1bG` ncrc- -a.l' ►D'�r/� -GI - , -1 rl-61 - _ G Q"'OI"l'G ieI`Ner-IIL-Ita+44Pavv e. 9-�ss x Il'LiGlC"_•C __i.-C._.1. -.a-1 Q' . � l- /", ._,.`_.1 1-.. � 1 ll'i7= i,f •. d VII I1 w. a" 'ac ct5 n7 a�rrAcl 4 1�p'crya�ii- - CYrI 'fYy, l`�cr�ia+�Y�ai�iz: "�`v:��:sem{ t.�n.•,=���J"��° Y :` .■ �i•a • Q._.'. _ _.Q - ..rliSD•_..CYGPIT- �_•, �•-•,. S-ra�vGMY1"�viz:�rtiwM.• _mss•a5`r- e"s-'=Are-p-Sid-Orra-tioarierirtraere,---- .._ �: �_ 9 n� n•+enf f' f # nvu..11 �...-q•� ...��.5.16".,�J�.." ; ,.z..�..�-...�r.:�----+#�'.��'.�-.—.y-:•ES�:.�`-.nv.vt - -irk'' �, a-�in�icaYr 2i'7 tjtr�. rrl - e 14 Page 1249 of 1751 • Per mac legis U� In nll� c r e } I�j a�l�a�c frnrr4he n"� f ua - ...__ • '-a- ._ -_-,_:rh„�iF+L"-fir. 4��r�a.+3 �.,-�M•.r-".�....,�i^.^.�.s�s��.rltar.+.a�n�..� i'y.IJ.pr��`�r��Vae.+r�"v�-r:•-., a1....�y�..,-�A:..;,_..._4•n�., • • `•-..A'1"'?..:.�^�-{�fr'.t'�r11Za'4_'4�v�:r'�r ���v:.w-r.2f.M-•..�M�(Ih��nal,i rl ch�rF.,��Fr::T^�. -4n `�lJv�.�.c,,,�.~�.�v'.� tri.:r�vr1:.�-r�Eivi�vv�-n�'r-r��i3-�`"-r�G:Gi^.'•-.-• , �`•��.iai�it-a.`. '�v _ v -`.. v'yl�c'+7��Yvtit�h�crl`i r'" � ■dl d C•�CIsS _�'�. _. Gi-1� alf'"V015i'�" ..GS�^'"n'^`v�:',zi-'a•` ..a��.� "Tv�`".rF--r..:.� ,:',�,1''r�3'=r1�_i -. .,aIkYv..y r i •� 11,-..:� �.+t_ i e,,r'n� .�� 4Fa fnl�?U GI ? 11A. e. ll[1S i It - �• ...- .--_ - • • • � .0 •• ,C ,__ �' .. �rrrV�.Ytw- :Y+N __r. ...• 11 A_.._�i. G M- ._. ._,,,.syr-Y�lr^" ` `''''�P'.3iv J7�-h�"-'� ■ �irf?s s. �, 5" � 6.2 Additional Fees and Charge. w, a `ni-rri�r`� - ' IG aJaJG VJCr~I __ ;- - ei a • v a aza sem . W '.-:4:A Se..S e: PM, 0 Cinema shall : be responsible for payment of the following Additional Fees and Charges: an 6.2.2 Taxes; Imposition. 0 Cinema shall Abe responsible for-de property tax payments, taxes and impositions. The parties anticipate that the Byron Carlyle Theater is tax exempt; however, in the event that any property tax payment (or any other tax and/or imposition) is required in connection with the Facility, or in connection with 0 Cinema's use of the vn-.� ns.n.-an Iti n - Astupeiat.the city shall be solely responsible for such payment(s). 6.2.3 Operating Expenses. 0 Cinema shall pay all costs and expenses related to Operating Expenses. 0 Cinema hereby irrevocably and unconditionally guarantees to (except Maintenance and Utility Expenses) the City that Operating Revenues shall at all times be sufficient to pay as and when due all Operating Expenses and any and all other amounts that 0 Cinema is obligated to pay pursuant to this Agreement, and further covenants and agrees that if at any time there are insufficient Operating Revenues to pay all of the foregoing amounts, as and when required, 0 Cinema shall immediately pay the difference from 0 Cinema's own funds. This obligation is absolute and unconditional and shall even apply if Operating Revenues are reduced or limited by facts or circumstances not contemplated by the parties or for reasons beyond the parties' control. The provisions of this Section 6.2.3 shall survive any termination or expiration of this Agreement. 6.2.4 Establishment and Use of Capital Fund: Contributions. The City shall be responsible for all major repairs and all capital improvements. rr� crGrr-dy mom--0- f (including, without 15 Page 1250 of 1751 limitation, all structural components thereof, and all HVAC, life safety, mechanical or other systems, plumbing and sewer lines, roof, etc.}, -- iwg-c- -' ` 'l tu • Q _�i '• =In- 4 I 41 ♦ =O d _ ;tr 4�vr�aTra - - •�f�arGoca L � -.-_r - - '-va71-Qtlii- -' �' itrnawY a�'17a..�..�71+r� 1 LI i ..2. _ ..<i..�r-r:- ., ---•.-- -zt-... ...c.r .- �r��r'r.. '�i1vr5iti aai��'��'v�i�FiLl .-e - i_ �2u. ..►4.I�.�.r,c�+s.11w.w 1 Nothing in this Section 6.2.4 shall limit 0 Cinema's obligation to maintain the Facility as required by this Agreement. #_- .p..- -".• r�I�f�1'/SY'TI1/Y—l/Y�/'S'•��Iii4FY`3 1'a ~r- V4. -VS`1�V��-G�/1 r. 111'R 1 VITA M.i1 Y� . • • a _ -• �Q a_.air; - TYii�f V\4.1 MJ•-Y1 IiI=Gm -'--, VI U -atis O Cinema shall not be responsible for paying for major capital improvements or infrastructure within the Facility. 6.2.5 Sales Tax. 0 Cinema shall pay and include any and all additional sums for applicable sales and use tax, now or hereafter prescribed by State, federal or local law, concurrent with and to the extent any sales tax is imposed in connection with any payment due hereunder by 0 Cinema. SECTION 7-INTENTIONALLY OMITTED SECTION 8-RIGHTS RESERVED TO CITY 8.1 Rights of Entry. Representatives, contractors and employees of the City shall have the right to enter all portions of the Facility to inspect same,to observe the performance of O Cinema of its obligations under this Agreement, to install, remove, adjust, repair, replace or otherwise handle any equipment, utility lines, or other matters in, on, or about the Facility, or to do any act or thing which the City may be obligated or have the right to do under this Agreement. Nothing contained in this subparagraph is intended or shall be construed to limit any other rights of the City under this Agreement. The City shall not unreasonably interfere with 16 Page 1251 of 1751 any other rights of the City under this Agreement. The City shall not unreasonably interfere with the activities of 0 Cinema hereunder, and the City's actions shall be conducted such that disruption of 0 Cinema's work shall be kept to a minimum and there shall be no disruption of any Event by City (the City's actions in its proprietary capacity of the foregoing, shall not diminish any rights of City in its governmental capacity). Wr rmrg- rttrib—sabseciirorr3- •- - r,--•.•r_ r _i_ 8.2 Valet Parking. City reserves to itself and its contractors and designees (i) all rights to provide valet parking to the Facility, and (ii) all proceeds from the valet parking operations. City and its contractors and designees shall have the right to use the driveway entrance and areas located outside the entrance to the Facility for the valet parking operations, and 0 Cinema shall not interfere with valet parking operations. 0 Cinema may pre-purchase parking controlled by the City or pre-purchase valet parking. The City Manager shall have the authority to negotiate and enter into such agreements with respect thereto, as the City Manager deems acceptable. If the City exercises its right to provide valet parking to the Facility, then 0 Cinema shall have no right to provide valet parking or to contract with other parties for valet parking with respect to the Facility. However, if the City chooses not to offer valet parking services at the Facility, then 0 Cinema shall have first right of refusal to provide valet parking or to contract with a third party for valet parking at the Facility, at 0 Cinema's sole cost and expense. The City will have six(6)months of the Commencement Date to exercise this right. 8.3 Signage. 0 Cinema shall provide, at its sole expense and responsibility, any required signs at the Facility. All signage shall be approved by the City, and shall be in accordance with all applicable Municipal, County, State and Federal laws and regulations. Any signage shall be subject to the prior approval of the City as to size, shape and placement of same. 0 Cinema shall own and retain all ownership rights to the name "0 Cinema Miami Beach;" provided, however, that, throughout the Term (or other duration) of this Agreement, 0 Cinema does hereby grant, permit, and consent to the City's right to use(and/or reproduce)the "0 Cinema Miami Beach" name, at no charge, for purposes consistent with the intent and stated uses of the Agreement including, without limitation, for the purpose of identifying and promoting the Facility, and/or for such other public purposes as the City Manager, in his sole 17 Page 1252 of 1751 and reasonable discretion, may deem necessary. In the event that this Agreement is terminated and/or otherwise expires, then the City shall discontinue the use of the name "0 Cinema Miami Beach" for the Facility, effective contemporaneous with the date that 0 Cinema ceases to manage and operate the Facility. 8.3.1 Interior Naming Rights; Interior Signage. 0 Cinema shall be entitled to all non-permanent interior signage (i.e. signage having a total duration not to exceed twelve consecutive (12) months), including, without limitation, temporary banners (and all proceeds derived therefrom shall be Operating Revenue); provided, however, that the names affixed thereon (including, without limitation, any sponsorship names) are subject to the City Manager's prior written approval, which shall not unreasonably be withheld, conditioned or delayed. In no event may any such signage include the names of any company selling the following types of products ("Prohibited Names"): guns, tobacco or sexual products. All other naming rights, including, without limitation, any revenues derived therefrom, shall be owned and controlled exclusively by the City. 8.3.2 General Requirements. All signage (whether interior, exterior, permanent and/or temporary) shall comply with all applicable Governmental Requirements, and shall be maintained by 0 Cinema in good condition. SECTION 9. ' „.FUNDING BY CITY. 9.1 ":t `i--sn—h^eve-r. vr: .^''', -a v ' imenl of /lncr�+inn City shall provide 0 Cinema with an Annual Operating Subsidy of not less than $78,000 per year. 9.2 City will have no funding or other payment obligations with respect to the Facility or its Operating Expenses or its operations other than the costs which the City has specifically agreed to pay under the terms of this Agreement. Additionally, 0 Cinema and City have entered into this Agreement with the expectation and belief that, as of the Effective Date, no governmental body will impose any ad valorem taxes upon the Facility nor any sales, income, excise or other taxes. Notwithstanding the preceding sentence, the City makes no representation to 0 Cinema — either express or implied — that any or all of such taxes may or may not be imposed at any time during the Term of this Agreement. SECTION 10.RECEIPTS AND DISBURSEMENTS. { 10.1 0 Cinema shall establish and maintain in one or more depositories, one or more operating, payroll and other bank accounts for the operation and management of the Facility, as 0 Cinema shall determine. All Operating Revenues collected by 0 Cinema from the operation 18 Page 1253 of 1751 of the Facility shall be deposited into the accounts and all Operating Expenses shall be paid by O Cinema as agent for the City from the accounts. Any amounts remaining in the operating accounts upon expiration or termination of this Agreement for any reason, after payment of all other amounts that 0 Cinema is required to pay under this Agreement through the date of expiration or termination, shall be promptly paid to 0 Cinema. SECTION 11.ALTERATIONS, MAINTENANCE,AND REPAIRS. 11.1 0 Cinema shall not make any additions, improvements, or alterations (collectively "Alterations") to the Facility without the City Manager's prior written consent. The costs of all Alterations made by 0 Cinema shall be borne solely by 0 Cinema from its own funds and shall not constitute Operating Expenses. The City Manager shall not unreasonably withhold, condition or delay his/her consent to any Alterations except that the City Manager may withhold consent, in his/her sole and absolute discretion, with respect to any Alterations that change the structural elements or life-saving systems or that affect the exterior of the Facility; Notwithstanding anything to the contrary, however, 0 Cinema shall not under any circumstances be permitted to make any Alterations that: (i)adversely affect the structural portions of the Facility, or(ii)fail to comply with any applicable Governmental Requirements; or(iii) interfere in any material manner with the proper functioning of any mechanical, electrical, plumbing, HVAC, life safety or other systems,facilities or equipment of the Facility. d.-` " it is understood by the parties hereto that the 0 Cinema shall not be responsible, nor required to pay for, any other costs related to capital improvements or infrastructure(i.e. including, but not limited to, plumbing and sewer lines, major electrical, structural, HVAC, roof, etc.)with regard to the Facility. 11.2 0 Cinema shall obtain all required permits for Alterations performed by, through or under 0 Cinema and shall perform or cause to be performed such Alterations in compliance with all Governmental Requirements. Under no circumstances shall 0 Cinema make any Alterations which incorporate any Hazardous Substances including, without limitation, asbestos- containing construction materials, into the Facility. Any request for City Manager's consent to any proposed Alterations by, through or under 0 Cinema shall be made in writing and shall contain plans or other written materials describing the work in detail reasonably satisfactory to City Manager, provided that architectural plans shall not be required unless required for the issuance of a building permit. City Manager shall provide or deny consent within twenty (20) business days following receipt of 0 Cinema's written request, the failure to provide or deny 19 Page 1254 of 1751 consent within such twenty (20) business day period shall be deemed a consent. Should the work proposed by 0 Cinema and consented to by City Manager modify the basic floor plan of the Facility and the building permit therefor require architectural plans, then 0 Cinema shall, at its expense, furnish City with as-built drawings and CAD disks for such work. Unless City Manager otherwise agrees in writing, all Alterations made or affixed to the Facility (excluding moveable trade fixtures, equipment, personal property and furniture) (including without limitation, all upgrades constructed pursuant to subparagraph (b)), shall become the property of City and shall be surrendered with the Facility at the expiration or termination of this Agreement. With respect to Alterations costing in excess of$200,000 City Manager may require 0 Cinema to obtain a payment bond for the work. City 11.3 Maintenance. The shall, at its sole cost and expense, have sole responsibility for basic maintenance to be performed on a regular basis on all facilities, improvements, and facilities and utilities infrastructure equipment at the Facility. Any and all repairs or replacement of the same(not covered by a service contract as set forth in Subsection 5.3.4) is the responsibility of the City. 0 Cinema shall,^wi suppo rom t e ity , keep and maintain the Facility, and all improvements thereon, in good, clean, and sanitary order. he Cit shall, _ - - _ -- - _--- have the asle- responsibility for maintaining the grounds of the Byron Carlyle Theater. To that end, the parties herein acknowledge, and 0 Cinema herein agrees to be bound by, the minimum maintenance standards set forth in Exhibit "B" to this Agreement, entitled "City of Miami Beach Minimum Specifications for Maintenance of the Miami Beach Byron Carlyle Theater." It is further understood that 0 Cinema shall provide the City ti -a; __ = -,' -- -' ^immediate notice when repair maintenance • - '�- =`=� -'`"" - -` =_ is required at the Facility. City shall address regular maintenance 11.4 Personal Property. A list of Mownea personya ' ppr perrty nci'udea i mees that cause duress to Agreement for use by 0 Cinema during the Term hereof is attached and incorporated herein as operations. Exhibit"D". 0 Cinema hereby accepts such equipment in its"as-is" condition, and without any warranty(ies), whether express or implied, by the City. 0 Cinema shall maintain all City owned equipment and, • acquire and maintain all replacement and such other equipment as may be necessary to maintain the Facility in a condition which satisfies those maintenance standards set forth in Exhibit"B", but shall not have an obligation to improve the condition of the personal property beyond the "as-is" condition in which it was accepted, all • of which shall be noted on the inventory. 0 Cinema shall have the right, at the initial inventory and at any point thereafter, to decline the use and responsibility for any personal property not 20 ij Page 1255 of 1751 useful for its operation of the Facility, and may turn such personal property over to the City in the condition in which it was accepted. The City shall have the right to periodically take an inventory of any or all City-owned equipment at the Facility., When the City moves or removes any equipment within the 0 Cinema operated portion of the Facility, SECTION 12.RECORDS,AUDITS AND REPORTSthe City shall notify 0 Cinema in advance, no less Than 2 business days before they plan to make any 12.1 Records and Audits. alterations or changes to any equipment whatsoever. 12.1.1 0 Cinema shall keep full and accurate accounting books and records relating to all Operating Revenues and Operating Expenses, all in accordance with generally accepted accounting principles. 0 Cinema shall give the City's authorized representatives access to such books and records during reasonable business hours and upon reasonable advance notice. All books and records shall be made available on- site at the Facility or electronically. 0 Cinema shall keep and preserve for at least three (3) years following each Fiscal Year, or for as long as such records are required to be retained pursuant to Florida Public Records Law (whichever is longer), all sales slips, rental agreements, purchase order, sales books, credit card invoices, bank books or duplicate deposit slips, and other evidence of Operating Revenues and Operating Expenses for such period. In addition o fa , " 5, by June 1 each year, along with the Management Plan, 0 Cinema shall furnish to the City a line item (i.e., by categories) statement of Operating Costs and Operating Revenues (and profit or loss) for the Facility for the preceding Fiscal Year, and including the number of tickets sold and Events and other uses held, prepared in accordance with generally accepted accounting principles certified as accurate by 0 Cinema's Chief Accounting Officer or Chief Financial Officer 12.1.2 The City Manager shall have the right at any time, and from time to time, to cause independent auditors or the City's own accountants or auditors to audit all of the books of 0 Cinema relating to Operating Revenues, Operating Expenses, tickets and Events and other uses including, without limitation, cash register tapes, credit card invoices, duplicate deposit tapes, and invoices. No costs incurred by the City in conducting such audit shall be considered an Operating Expense. 12.1.3 Annual Plan Commencing upon October 1, 2015, 0 Cinema shall provide to the City on or before June 1st of each year, an annual management plan, which shall include the annual operating budget for the then current Fiscal Year also. The annual plan shall include information regarding 0 Cinema's anticipated operations for such Fiscal Year, including planned operating a, a' -c, activities,e-ki ' a 21 • Page 1256 of 1751 , , a rn* i i .,ri .76 and an anticipated budget therefore, anticipated Events and other uses at the Facility(to the extent known at such time), and planned equipment and furnishings purchases. 0 Cinema shall have the right from time to time to make any changes it deems necessary or appropriate to any such annual plan so long as the annual plan is consistent with 0 Cinema's fulfillment of its obligations hereunder. Up -iy n> , - ori�2x'SGY'cr"v-r" � ��1��`ri..�r YY3�`i •'t�ti'.�ir.-..n "c _ < �h �}y -, VCy IIG-y� �'l� G '�i� .`�ulli PV�CIbYi 12.1.4 Programmatic Plan. Accompanying the 0 Cinema's proposed annual plan above shall be the Facility Programmatic Plan for the next fiscal year, detailing the then-known activities (events and other uses) planned, and the number of residents and visitors anticipated to be impacted. 12.2 Major Capital Repairs. Accompanying 0 Cinema's proposed annual plan shall be a detailed list of,then-known major any capital repairs `- a ^the Facility requires, that 0 Cinema is aware of, that the City is responsible for executing. SECTION 13. INDEMNIFICATION. 13.1 Indemnification 0 Cinema shall indemnify, hold harmless and defend (with counsel approved by the City Attorney) the City, its officers, agents, servants and employees from and against any and all claims, liabilities, demands, causes of action, costs and expenses (including reasonable attorneys' fees at trial and all levels of appeal) of whatsoever kind or nature ("Claims") arising out of (i)error, omission or negligent act or willful misconduct of 0 Cinema, its agents, servants, contractors, or employees; (ii) any default by 0 Cinema under this Agreement; or (iii) any other claim arising, directly or indirectly, from the operation or management of the Facility or any Event held therein or rental or use of the Facility; provided that there is expressly excluded from the foregoing obligations any Claims to the extent resulting from the gross negligence or willful misconduct of the City, its officers, agents (excluding 0 Cinema), contractors(excluding 0 Cinema)and employees or the use of the Facility by the City, its officers, agents(excluding 0 Cinema), and employees, pursuant to Section 16 hereof. 13.2 In addition, 0 Cinema shall indemnify, hold harmless and defend the City, its officers, agents, servants and employees, from and against any claim, demand or cause of 22 Page 1257 of 1751 action of whatever kind or nature arising out of any misconduct of 0 Cinema not included in the paragraph in the subsection above and for which the City, its officers agents, servants or employees, are alleged to be liable. This subsection shall not apply, however, to any such liability as may be the result of the gross negligence or willful misconduct of the City, its officers, agents, servants or employees. 13.3 The provisions of this Section 13 shall survive expiration or termination of this Agreement. SECTION 14. INSURANCE REQUIREMENTS. 0 Cinema shall maintain, at 0 Cinema's sole cost and expense, the following types of insurance coverage at all times throughout the Term of this Agreement: 14.1. General liability insurance with not less than the following limits: General aggregate $2,000,000 Products(completed operation aggregate) $2,000,000 Personal and advertising (injury) $1,000,000 (Per occurrence) $1,000,000 Fire damage $ 100,000 Medical Expense $ 5,000 Liquor Liability(aggregate) $2,000,000 (Per occurrence) $1,000,000 14.2 Workers Compensation Insurance shall be required under the Laws of the State of Florida. 14.3 Fire Insurance for the Theater shall be the responsibility of the City. The policies of insurance referred to above shall not be subject to cancellation or changing coverage except upon at least thirty (30) days written notice to City and then subject to the prior written approval of the City's Risk Manager. 0 Cinema shall provide the City with a Certificate of Insurance for each such policy, which shall name the City as an additional named insured. All such policies shall be obtained from companies authorized to do business in the State of Florida with an A.M. Best's Insurance Guide (latest edition) rating acceptable to the City's Risk Manager, and any replacement or substitute company shall also be subject to the 23 Page 1258 of 1751 approval of the City's Risk Manager. Should 0 Cinema fail to obtain, maintain or renew the policies of insurance referred to above, in the required amounts, the City may, at its sole discretion, obtain such insurance, and any sums expended by City in obtaining said insurance, shall be repaid by 0 Cinema to City,.plus ten percent(10%)of the amount of premiums paid to compensate City for its administrative costs. If 0 Cinema does not repay City's expenditures within fifteen (15)days of demand, the total sum owed shall accrue interest at the rate of twelve percent(12%)until paid, and such failure shall be deemed an event of default hereunder. 14.4 0 Cinema shall be the named insured under all such policies. The City shall be. an additional insured under the insurance policies described in subsections 14.1 and 14.5, hereof, as its interests may appear, and all such insurance policies shall contain a provision covering the indemnification liabilities hereunder. 14.5 Builder's Risk. 0 Cinema shall also carry Builder's Risk Insurance during any period of construction of Alterations or any other period of construction by, through or under 0 Cinema. 14.6 The terms of insurance policies referred to in Section 14 shall preclude subrogation claims against 0 Cinema, the City and their respective officers, employees and agents. SECTION 15.OWNERSHIP OF ASSETS. 15.1 Ownership. The ownership of the Facility and all buildings and real estate, all existing (and replacements thereof) technical and office equipment and facilities, furniture, displays, fixtures, vehicles and similar tangible property located at the Facility at the time of the commencement of this Agreement shall remain with the City. Any and all technical and office equipment and facilities, furniture, displays, fixtures, vehicles and similar tangible property purchased by 0 Cinema for use at the Facility shall remain property of 0 Cinema. Ownership of and title to all intellectual property rights of whatsoever value held in the City's name shall remain in the name of the City.The ownership of data processing programs and software owned by the City shall remain with the City, and the ownership of data processing programs and software owned by 0 Cinema shall remain with 0 Cinema. 0 Cinema shall not take or use, for its own purposes, customer lists or similar materials developed by the City for the use of the Facility, unless prior written consent is granted by the City Manager. Ownership of equipment, furnishings, materials, or fixtures not considered to be real property purchased by 0 Cinema 24 Page 1259 of 1751 with Operating Revenues for use at and for the Facility shall vest in the City automatically and immediately upon purchase or acquisition, except for those items which by the terms of this Agreement shall remain the property of 0 Cinema. The assets of the City, as described herein, shall not be pledged, liened, encumbered or otherwise alienated or assigned. Notwithstanding anything to the contrary contained in this Agreement, any personalty, furnishings, and movable equipment that is not a fixture and is not integral to the operation of the Facility purchased by 0 Cinema and used at the Facility shall be the sole property of 0 Cinema. SECTION 16. USE BY THE CITY The City shall have the right to use the Facility, or any part thereof, year round, subject to availability, and so long as the City's use does not interfere with any previously scheduled Event or other use, for the benefit of the community for such purposes including, but not limited to, public meetings, community meetings, workshops, City-sponsored special events, and any other purposes, as deemed necessary by the City Manager, in his sole and absolute discretion, without the payment of any rental or use fee, except the direct out-of-pocket expenses incurred in connection with such use shall be paid by the City. City use of the Facility shall not be competitive with, nor conflict with, Events or other uses booked by 0 Cinema, and shall be booked in advance with a minimum of 30 days'notice. SECTION 17. ASSIGNMENT/SUBLET. 0 Cinema may not voluntarily or by operation of law, assign, encumber, pledge or otherwise transfer all or any part of 0 Cinema's interest in this Agreement or subcontract its • management duties hereunder without the City's prior written consent, which may be granted or withheld in City's sole and absolute discretion. Any attempt by 0 Cinema to assign all or any part of its interest and any attempt to subcontract its management duties hereunder without first having obtained City's prior written approval shall be void and of no force or effect. In the event of any assignment, transfer, encumbrance or subcontract, 0 Cinema shall nevertheless remain liable for all obligations hereunder and the transferee shall be jointly and severally liable for all obligations thereafter arising under this Agreement. 0 Cinema specifically recognizes that City selected 0 Cinema to be the manager of the Facility as a result of the City's evaluation of 0 Cinema's specific qualifications and experience in operating similar first class facilities. 17.1 The provisions of subsection 17.1 above shall not prevent 0 Cinema in the performance of its management duties hereunder to grant concessions and rental agreements 25 Page 1260 of 1751 for Events and entering into a concessions agreement for the concession operations at the Facility. SECTION 18. SECURITY. 0 Cinema shall provide reasonable security to protect the Facility and its equipment, materials and facilities, including any City equipment, furnishings, and fixtures used by 0 Cinema, and shall be solely responsible to the City for any loss or damage to any City equipment, furnishings, and fixtures so used by 0 Cinema. SECTION 19. PERMITS; LICENSES; TAXES; APPLICABLE LAWS. O Cinema agrees to obtain and pay for all permits and licenses necessary for the conduct of its business and agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by 0 Cinema. 0 Cinema shall also be solely responsible for payment of any and all taxes levied on the Facility and its operations. In addition, 0 Cinema shall comply with all rules, regulations and laws of the City; Miami-Dade County; the State of Florida; and the U.S. Government now in force or hereafter to be adopted. SECTION 20. UTILITIES; RESPONSIBILITY FOR TAXES AND ASSESSMENTS. he City 20.1 Utilities. In shall be solely responsible for and shall pay (wrier "`moow 1 before delinquency, of all charges for utilities used at the Facility. TSCYrviw-�N�l`ftllV�J ITTIIYiYIS�� YYQ«i1, a-•r_ -F...,... ___., .-.a..�_ ,. � '� CW 7 1 = y"" _ niarV-Ci 20.2 Procedure If Taxes Assessed. O Cinema agrees to, and shall pay before delinquency, all taxes and assessments of any kind assessed or levied, whether upon 0 Cinema or the Facility, by reason of this Agreement or by reason of any use(s) and/or activity(ies) of 0 Cinema upon or in connection with the Facility. The parties acknowledge that 0 Cinema's operation and use of the Facility is for public purposes, and therefore anticipate that, as of the Effective Date, no ad valorem taxes should be assessed by the Miami-Dade County Tax Appraiser. If, however, taxes are assessed by the Property Tax Appraiser, 0 Cinema has the right to terminate this agreement without penalty by providing 90 days notice to the city at which point he city shall be solely responsible for such payment(s). 26 Page 1261 of 1751 SECTION 21 FORCE MAJEURE. 21.1 No party will be liable or responsible to the other party for any delay, damage, loss, failure, or inability to perform caused by "Force Majeure" if notice is provided to the other party within'ten (10) days of date on which such party gains actual knowledge of the event of "Force Majeure" that such party is unable to perform. The term "Force Majeure" as used in this Agreement means the following: an act of God, strike, war, public rioting, lightning, fire, storm, flood, explosions, epidemics, landslides, lightening storms, earthquakes, floods, storms, washouts, civil disturbances, explosions, and any other cause whether of the kinds specifically enumerated above or otherwise which is not reasonably within the control of the party whose performance is to be excused and which by the exercise of due diligence could not be reasonably prevented or overcome (it being acknowledged that under no circumstances shall a failure to pay amounts due and payable hereunder be excusable due to a Force Majeure). 21.2 Neither party hereto shall be under any obligation to supply any service or services if and to the extent and during any period that the supplying of any such service or services or the provision of any component necessary therefore shall be prohibited or rationed by any Governmental Requirements. 21.3 In the event of substantial damage to or destruction of the Facility by reason of fire, storm or other casualty or any eminent domain action or other regulatory action that, in either case, shall render a substantial part of the Facility inoperable for a period of at least ninety (90) days or in 0 Cinema's or the City's reasonable opinion the Facility can no longer be operated in a reasonably profitable manner as a result of the damages or action for a period of at least ninety(90)days from the happening of the fire, other casualty or regulatory action, either party may terminate this Agreement upon written notice to the other. Upon any such termination, the provisions of Section 31 shall apply; and provided City shall receive the entire amount of all insurance proceeds or eminent domain award as applicable. SECTION 22. INSPECTION. O Cinema agrees that the Facility may be inspected at any time upon reasonable notice by authorized representatives of the City, or by any other State, County, Federal or municipal officer or agency having responsibilities for inspections of such operations and/or Facility. 0 } Cinema agrees to undertake immediately the correction of any deficiency cited by such 27 Page 1262 of 1751 • inspectors on the Facility, which is properly the responsibility of 0 Cinema pursuant to this Agreement. SECTION 23. WAIVER OF INTERFERENCE. O Cinema hereby waives all claims for compensation for loss or damage sustained by reasons of any interference with its operation and management of the Facility by any public agency or official as a result of their enforcement of any laws or ordinances or of any of the rights reserved to the City herein. Any such interference shall not relieve 0 Cinema from any obligation hereunder. SECTION 24. NO LIENS. O Cinema agrees that it will not suffer, or through its actions or anyone under its control or supervision, cause to be filed upon the Facility any lien or encumbrance of any kind. In the event any lien is filed, the 0 Cinema agrees to cause such lien to be discharged within ten (10) days therefrom, and in accordance with the applicable law and policy. If this is not accomplished, the City may automatically terminate this Agreement, without further notice to 0 Cinema. SECTION 25. 0 CINEMA EMPLOYEES. 25.1 The City and 0 Cinema recognize that in the performance of this Agreement, it shall be necessary for 0 Cinema to retain qualified individuals to effectuate and optimize 0 Cinema's management and operation of the Facility. 0 Cinema shall select, train, and employ at the Facility such number of employees as is necessary or appropriate for 0 Cinema to satisfy its responsibilities hereunder. 0 Cinema shall recruit employees consistent with standards employed at the Comparable Facilities, and 0 Cinema shall have authority to hire, terminate and discipline any and all personnel employed by 0 Cinema working at the Facility. Any such personnel, whether employees, agents, independent contractors, volunteers, and/or other, employed, retained, or otherwise engaged by 0 Cinema for such purpose(s), shall not be deemed to be agents, employees, partners, joint ventures, or associates of the City, and shall not obtain any rights or benefits under the civil service or pension ordinances of the City or any rights generally afforded classified or unclassified employees of the City; further they shall not be deemed entitled to the Florida Worker's Compensation benefits as employees of the City. Additionally, 0 Cinema, and/or its employees shall never have been convicted of any offense involving moral turpitude or felony. Failure to comply with this subsection shall constitute cause 28 Page 1263 of 1751 for termination of this Agreement. 25.2 0 Cinema shall assign to the Facility a competent full-time staff member experienced in the operations of similar facilities, who will be located full time on-site during the Term. The full-time staff member will be supervised by a general manager who is experienced in operating and managing similar facilities. From time to time the staff member may provide assistance in connection with consulting and/or management services provided by 0 Cinema at other facilities managed, owned or leased by 0 Cinema so long as such assistance does not affect in any material respect the responsibilities and duties of the staff member to the Facility. Prior to 0 Cinema's appointment of the staff member, 0 Cinema shall consult with the City Manager with respect to the qualifications of the staff member proposed by 0 Cinema.The staff member shall be accessible to the City Manager at all reasonable times to discuss the management, operation, and maintenance of the Facility. "Accessible" shall mean available either in person, by telephone, and/or e-mail during business and/or operation hours and within a reasonable time frame during non-business hours in the event of emergency. The City Manager may also request that the staff member be replaced and 0 Cinema shall duly consider all such requests but shall not be obligated to replace the staff member. SECTION 26. NO IMPROPER USE. 0 Cinema will not use, nor suffer or permit any person to use in any manner whatsoever, the Facility for any purpose in violation of any Federal, State, County, or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter • enacted or adopted. 0 Cinema shall not use the Facility for any unlawful purpose and shall comply with all laws, permitting, and licensing requirements now in force or hereafter adopted, applicable to the Facility or the activities, uses, and/or business(es)conducted on the Facility. 0 Cinema agrees not to knowingly use the Facility for, or to permit operation of any offensive or dangerous activity, nuisance or anything against public policy. Any criminal activity in the Facility knowingly caused by or knowingly permitted by 0 Cinema shall result in automatic termination of this Agreement. Except as may result from acts of force majeure, 0 Cinema agrees that it will not allow the Facility to become unoccupied or vacant. 0 Cinema shall take appropriate precautions to prevent fire on the Facility, maintaining existing fire detection devices and extinguishing equipment at all times. Fire detection devices and extinguishing equipment to be provided and maintained by the City. 29 Page 1264 of 1751 SECTION 27. NO DANGEROUS MATERIALS. 0 Cinema agrees not to use or permit in the Facility the storage of illuminating oils, oil lamps, turpentine, gasoline (except for'small containers [5 gallons or less] for machinery), benzine, naphtha, or other similar substances, or explosives or any kind, or any substance or thing prohibited in the standard policies of fire insurance companies in the State of Florida. SECTION 28. NO CLAIM AGAINST CITY OFFICERS, EMPLOYEES, INDIVIDUALS. It is expressly understood and agreed by and between the parties hereto that all individuals, employees, officers, and agents of the City are acting in a representative capacity and not for their own benefit; and that neither 0 Cinema nor any occupant shall have any claim against them or any of them as individuals in any event whatsoever in conjunction with any acts or duties which are reasonably related to the performance of their duties. SECTION 29. DEFAULT AND TERMINATION. ff O Cinema's Defaults. The occurrence of any one or up a payment plan, wnnsh will betconsidered an allowable constitute an Event of Default by 0 Cinema: alternative, if the amount due is unexpected or larger than is reasonable for 0 Cinema to currently have at hand) 29.1.2.1 the failure by 0 Cinema to make any payment requiredAto be made by 0 Cinema as and when due, which continues for more than ten (10) days after written notice from City; 29.1.2.2 the failure or inability by 0 Cinema to observe or perform any of the covenants or provisions of this Agreement to be observed or performed by 0 Cinema, which continues for more than thirty (30) days after written notice from City Manager; provided, however, if the nature of the failure is such that more than such period is reasonably required for its cure, then 0 Cinema shall not be deemed to have committed an Event of Default if 0 Cinema commences the cure within such period and thereafter diligently pursues the cure to completion and actually completes the cure within an additional sixty(60)day period; 29.1.2.3 the assignment, encumbrance, pledge, or transfer of this Agreement, whether voluntarily or by operation of law, or any subcontract of 0 Cinema's duties hereunder, which continues for more than fifteen (15) business days after written notice thereof from City Manager; 30 • Page 1265 of 1751 29.1.2.4 (i) the making by 0 Cinema of any general assignment for the benefit of creditors; (ii)the filing by or against 0 Cinema of a petition to have 0 Cinema adjudged a Chapter 7 debtor under the Bankruptcy Code or to have debts discharged or a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against 0 Cinema, the same is dismissed within sixty (60) days); (iii) the appointment of a trustee or receiver to take possession of substantially all of 0 Cinema's assets located at the Facility or of 0 Cinema's interest in this Agreement, if possession is not restored to 0 Cinema within sixty(60) days; or (iv) the attachment, execution or other judicial seizure of substantially all of 0 Cinema's assets located at the Facility or of 0 Cinema's interest in this Agreement, where the seizure is not discharged within sixty(60)days. 29.2 City's Remedies. 29.2.1 If an Event of Default by 0 Cinema occurs, then in addition to any other remedies available to City, City may exercise any or all of the following remedies: a) terminate this Agreement by written notice to 0 Cinema, in which case this Agreement shall terminate and 0 Cinema shall immediately surrender possession of the Facility to City. Upon termination, City shall be entitled to recover from 0 Cinema: (i) Operating Expenses that remain unpaid through the date of termination; (ii) all other amounts that 0 Cinema is required to pay under • this Agreement through the date of termination; b) seek specific performance of any of 0 Cinema's obligations hereunder or seek injunctive relief; and/or c) exercise any other remedies available at law or in equity. 29.2.2 The various rights and remedies reserved to City in this Agreement or otherwise shall be cumulative and, except as otherwise provided by Florida law, City may pursue any or all of its rights and remedies at the same time. 29.3 0 Cinema's Remedies. If an Event of Default by City occurs, then 0 Cinema may exercise either of the following remedies: 29.3.1 0 Cinema may terminate this Agreement by written notice to City, in which case this Agreement shall terminate and 0 Cinema shall immediately surrender possession of the Facility to City. Upon termination, 0 Cinema shall be entitled to 31 Page 1266 of 1751 recover from City all amounts owed by City to 0 Cinema as of the termination date and the provisions of Section 31 shall apply; or _.._ -._ - --•cfylYrvYrr 7vva,u--iv ‘...411-01 `Z --, --,-7—V •__. [r ."-- ricl'r... - ..=c _ .1`;."rr ucr srti«,r�.c. fir'tt 4i iiw i -`• 91-ncvf •_r m r . ,cr . • ` G °mac' r:S"7r r'1111r llrg. S 071117. G I C CY170-a La , v(lT1ll.TIt7V'o-I"6 C:i_ t�•.�'"ti.,.s�.l.-r .. 29.5 IN THE EVENT THAT 0 CINEMA CEASES TO BE A NOT-FOR-PROFIT CORPORATION,THIS AGREEMENT SHALL BE AUTOMATICALLY TERMINATED. 29.6 Termination for Convenience by City. Notwithstanding the City's rights to terminate the Agreement for cause, the City also reserves and retains the right, at its sole option and discretion, to terminate this Agreement, without cause and without penalty, with regard to 0 Cinema's rights and responsibilities with respect to the operation, management, maintenance, promotion and marketing of the Facility, upon three hundred sixty-five (365) days prior written notice to 0 Cinema. 29.7 Effect of Termination. In the event this Agreement expires or is terminated for any reason: (1)All Operating Expenses and all other obligations for the period up to the date of expiration or termination shall be paid using funds on deposit in the account(s) described in subsection 10.1 and to the extent such funds are not sufficient, 0 Cinema shall pay all such amounts from its own funds; (2)After all amounts referenced in subparagraph (1) have been paid, 0 Cinema may retain all remaining Operating Revenues (if any). Upon the expiration of this Agreement or a termination for any reason, all further obligations of the parties hereunder shall terminate except for the obligations which for all periods up to the date of expiration or termination and such other obligations as are stated to survive or be performed after such expiration or termination. All of the foregoing reimbursement and the payment obligations are to be made within thirty (30) days after the termination date. The provisions of this Subsection 29.7 regarding the above reimbursement and payment obligations of the City shall survive the termination of this Agreement. 29.8 Surrender of Facility. Upon termination or expiration of this Agreement 0 Cinema shall surrender and vacate the Facility upon the effective date of such termination (or expiration). The Facility and all equipment and furnishings shall be returned to the City in a 32 Page 1267 of 1751 good and clean condition consistent with other similar first class facilities and in compliance with all Governmental Requirements, ordinary wear and tear, and casualty loss excepted. SECTIONS 30 AND 31. INTENTIONALLY DELETED. SECTION 32. NOTICES. All notices from the City to 0 Cinema shall be deemed duly served if mailed by registered or certified mail to 0 Cinema at the following address: and emailed to: kareem@o-cinema.org AND vivian@o-cinema.org A ��6raer Living Arts Trust, Inc. D/B/A O Cinema Attn: Kareem Tabsch 8230 NE 3rd Ave nyttdr,t- :_ — : A Miami, FL 33138 USA All notices from 0 Cinema to the City shall be deemed duly served if mailed by registered or certified mail to the following addresses: City of Miami Beach City Manager 1700 Convention Center Drive Miami Beach, Florida 33139 With copies to: City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Attention: Max Sklar, Tourism, Culture, and Economic Development Director 0 Cinema and the City may change the above mailing addresses at any time upon giving the other party written notification. All notice under this Agreement must be in writing. SECTION 33. NO DISCRIMINATION. The 0 Cinema agrees that there shall be no discrimination as to race, color, national • origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status, age or disability in the operations referred to by this Agreement: and further, there shall be no discrimination regarding any use, service, maintenance or operation of the Facility. All facilities 33 Page 1268 of 1751 • located on the Facility shall be made available to the public, subject to the right of 0 Cinema to establish and enforce reasonable rules and regulations to provide for the safety, orderly operation and security of the facilities. 33.1 No Discrimination in Employment; Affirmative Action. In connection with the performance of work under this Agreement, 0 Cinema shall not refuse to hire, discharge, refuse to promote or demote, or to discriminate in matters of compensation against, any person otherwise qualified, solely because of race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status, and age or disability. SECTION 35. Intentionally Omitted. SECTION 36. LIMITATION OF LIABILITY The City desires to enter into this Agreement only if in so doing the City can place a limit on its liability for any cause of action for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the sum of$50,000. 0 Cinema hereby expresses his willingness to enter into this Agreement with 0 Cinema's recovery from the City for any damage action for breach of contract to be limited to a maximum amount of $50,000, less the amount of all funds actually paid by the City to 0 Cinema pursuant to this Agreement. Accordingly, and notwithstanding any other term or condition of this Agreement, 0 Cinema hereby agrees that the City shall not be liable to the 0 Cinema for damages in an amount in excess of$50,000, which amount shall be reduced by the amount actually paid by the City to 0 Cinema pursuant to this Agreement,for any action or claim for breach of contract arising out of the performance or non-performance of any obligations imposed upon the City by this Agreement. Nothing contained in this paragraph or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon the City's liability as set forth in Section 768.28, Florida Statutes. SECTION 37. NOT A LEASE. It is expressly understood and agreed that no part, parcel, building, structure, equipment or space is leased to 0 Cinema; that this Agreement is a management agreement and not a lease; and that 0 Cinema's right to operate and manage the Facility shall continue only so long as the 0 Cinema complies with the undertakings, provisions, agreements, stipulations and 34 Page 1269 of 1751 conditions of this Agreement. SECTION 38. MISCELLANEOUS 38.1 Governing LawNenue/Waiver of Jury Trial. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida, both substantive and remedial, without regard to principals of conflict of laws. The exclusive venue for any litigation arising out of this Agreement shall be Miami-Dade County, Florida, if in state court, and the U.S. District Court, Southern District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, CITY AND 0 CINEMA EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. 38.2 No Partnership or Joint Venture. Nothing herein contained is intended or shall be construed in any wayto create or establish the relationship of partners or a joint venture between the City and 0 Cinema. None of the officers, agents or employees of 0 Cinema shall be or be deemed to be employees of the City for any purpose whatsoever. 38.3 Entire Agreement. This Agreement and all Exhibits attached hereto contain the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, proposals or other expressions of intent with respect thereto. The Exhibits attached hereto are incorporated into and made a part of this Agreement. No other agreements, representations, warranties or other matters, whether oral or written, will be deemed to bind the parties hereto with respect to the subject matter hereof. 38.4 Written Amendments. This Agreement shall not be altered, modified or amended in whole or in part, except in writing executed by each of the parties hereto. The City Manager shall have authority, on behalf of the City, to execute any amendments to the Agreement. 38.5 Binding Upon Successors and Assigns; No Third-Party Beneficiaries. 38.5.1 This Agreement and the rights and obligations set forth herein shall inure { to the benefit of, and be binding upon, the parties hereto and each of their respective permitted successors and permitted assigns. 38.5.2 This Agreement shall not be construed as giving any person, other than the parties hereto and their successors and permitted assigns, any legal or equitable right, remedy or claim under or in respect of this Agreement or any of the provisions herein contained, this Agreement and all provisions and conditions hereof being 35 Page 1270 of 1751 intended to be, and being, for the sole and exclusive benefit of such parties and their successors and permitted assigns and for the benefit of no other person or entity. 38.6 Section Headings and Defined Terms. The headings contained herein are for reference purposes only and shall not in any way affect the meaning and interpretation of this Agreement. The terms defined herein and in any agreement executed in connection herewith include the plural as well as the singular and the singular as well as the plural, and the use of masculine pronouns shall include the feminine and neuter. Except as otherwise indicated, all agreements defined herein refer to the same as from time to time amended or supplemented or the terms thereof waived or modified in accordance herewith and therewith. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original copy of this Agreement, and all of which, when taken together, shall be deemed to constitute but one and the same agreement. 38.7 Severability. The invalidity or unenforceability of any particular provision, or part of any provision, of this Agreement shall not affect the other provisions or parts hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions or parts were omitted. 38.8 Non-Waiver. A failure by either party to take any action with respect to any default or violation by the other of any of the terms, covenants, or conditions of this Agreement shall not in any respect limit, prejudice, diminish, or constitute a waiver of any rights of such party to act with respect to any prior, contemporaneous, or subsequent violation or default or with respect to any continuation or repetition of the original violation or default. 38.9 Certain Representations and Warranties. 38.9.1 The City represents, warrants, and covenants to 0 Cinema the following: (i) City has full legal right, power and authority to enter into and perform its obligations hereunder; and(ii)this Agreement has been duly executed and delivered by the City and constitutes a valid and binding obligation of the City, enforceable in accordance with its terms, except as such enforceability may be limited by bankruptcy, insolvency, reorganization or similar laws affecting creditors' rights generally or by general equitable principles. 38.9.2 0 Cinema represents and warrants to the City the following: (i)0 Cinema has full legal right, power and authority to enter into and perform its obligations hereunder, and (ii) this Agreement has been duly executed and delivered by 0 Cinema 36 • Page 1271 of 1751 and constitutes a valid and binding obligation of 0 Cinema, enforceable in accordance with its terms, except as such enforceability may be limited by bankruptcy, insolvency, reorganization or similar laws affecting creditors' rights generally or by general equitable principles. 38.10 Governing Law. This Agreement will be governed by and construed in accordance with the internal laws of the State of Florida, without giving effect to otherwise applicable principles of conflicts of law. 39.CINEMA'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW Pursuant to Section 119.0701 of the Florida Statutes, if 0 CINEMA meets the definition of "Contractor"as defined in Section 119.0701(1)(a), the Concessionaire shall: a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service; b) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law;and d) Meet all requirements for retaining public records and transfer to the City, at no City cost, all public records created, received, maintained and/or directly related to the performance of this Agreement that are in possession of 0 CINEMA upon termination of this Agreement. Upon termination of this Agreement, the Concessionaire shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. For purposes of this Article, the term "public records" shall mean all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business of the City. 0 CINEMA's failure to comply with the public records disclosure requirement set forth in Section 119.0701 of the Florida Statutes shall be a breach of this Agreement. In the event 0 CINEMA does not comply with the public records disclosure requirement set forth in Section 119.0701 of the Florida Statutes, the City may, at the City's sole discretion, avail itself of the remedies set forth under this Agreement and available at law. 37 Page 1272 of 1751 40. 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, 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), injection 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. 0 Cinema agrees not to sell, use, provide food in, or offer the use of expanded polystyrene food service articles at the Facility or in connection with this Agreement. 0 Cinema shall ensure that all vendors operating in the Facility abide by the restrictions contained in this Section 40. A violation of this section shall be deemed a default under the terms of this 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 0 Cinema or its vendors. 41. COCA-COLA:The City has entered into an agreement with Coca-Cola Bottling, effective September 1, 2011 —September 1, 2021, to be the exclusive provider of non-alcoholic beverages and coffee products. 0 Cinema shall only sell Coca-Cola beverages as listed in the attached Exhibit"G" and as may be updated from time to time. ^ In the case that there are non-alcoholic beverage products that Coca-Cola does not produce or offer, O Cinema is permitted to source and sell alternative brands and products, as long as there is not a Coca-Cola option of that product type available. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] 38 Page 1273 of 1751 IN WITNESS WHEREOF, the parties hereto have caused their names to be signed and their seals to be affixed; all as of this day and year first written above. Attest: CITY OF MIAMI BEACH ,,gc12 701 4 vz rP. C }. } Rafa- E. Grana•o Cit Cl-rk Levine Mayo�r 0P O t:lt_D: 1 ' _.. STATE OF FLORIDA SS: COUNTY OF MIAMI-DADE ) he foregoing instrument was acknowledged before me this ex ' day of OC � 1 r� , 2014, by Philip Levine, Mayor, and Rafael E. Granado, City Clerk, on behalf of the CITY OF MIAMI BEACH, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged to and before me that they executed said instrument for the purposes therein expressed. WITNESS my hand and official seal, this o2 i day of aG746-r;r , 2014. Notary Public, State of Florida at Large Commission No.: My Commission Expires: ,'••t.i UUA CARDIUA .: :rc MY COMMISSION 0 Fl 155322 s rte pivi EXPIRES:August 27,2018 ,iri40 Bonded Thru Nola Pub5e Underxden APPROVED AS TO FORM& LANGUAGE & F R XEC TION City Attorney Dat 39 Page 1274 of 1751 • Attest: Li ing A'rts Trust, I c1• •la 0 Cinema (011111t Print Name: Kareem Tabsch, Co-Di ector Print Name: STATE OF FLORIDA SS: COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this \ day of C)c 1 c\9 it , 2014, by Kareem Tabsch, as Co-Director on behalf of Living Arts Trust, Inc. d/b/a 0 Cinema, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged to and before me that they executed said instrument for the purposes therein expressed. WITNESS my hand and official seal, this 9N` day of 60.Q , 2014. • (-0? (p Notary Public, Stateida at Large 3 A,P" "i NATASHA DIAZ g ce, 1 Notary Public•Slate of Florida Commission No.: `- 1-�(`-I et co fo My Comm.Expires Apr 15,zoti Commission Expires: \S %;fUum�"��� Commission Si FF 608My � 106yr 2 CC 1 Ij 40 Page 1275 of 1751 EXHIBIT"A" LEGAL DESCRIPTION OF THE FACILITY Site Plan for Facility LEGAL DESCRIPTION A portion of the land occupied by Byron Carlyle Theater, more particularly described as follows: Lots 11, and 12, TOGETHER WITH: the east 15 feet of lots 1 and 2, all in Block 14, NORMANDY BEACH SOUTH, recorded in Plat Book 21, at Page 54, Public Records of Miami-Dade County, Florida, containing 14,092 square feet more or less. As more particularly delineated as the portion of the Theater being managed and operated by "0 Cinema"under this Agreement, in the attached site plan. 41 Page 1276 of 1751 'II ' L 1 : 1 Ilik\ WI Pi 1 1 VV V i f . I I ! I ; 11 Tr-,i i gill il 1 1M i r- ---' ,1 , . , Li 1 a- -=--- ---I- 7/...7.1 I r , ; 1 I lli II ; II11111111 IG • ,,,, .a 1 • I' 'Cal L r ..),... I . I • . 1 . -- - ----- - .11§1 '' • • ,3 = i 1-----=_-__ -- -_ ' '1 s It._• 1 .EI i ,•. ic . a 'INNAWN az—r a ::::7---.11-;r: -. --. din, wry RIM .04'..1 1.i. --. fik2,011111{IIIIRLI Slat ill 1 j.' ... 4 1 I I •!. ,....._00,4 11111AIIIIAWI'(110', -ele.--Ailikykylit-'. irli"igio 1 ,71 . I 11 ' , . ?-• . : I 1 uniel_ untairan.L.,-¢,tut — ‘i --,--• I, § . , . ii Until I II mem. I ni 1111 Mt" .rut, • 1. o ,-,-— ---7.---------rX1 17 - :- -RP - --I-—11111Err I 1 C, i • __,..4.• x-k*- .,• da. id - ,•• •41 ? „------ 7 • ' c-+{. i:-.1.--r- iiiiittrin '' g City of Miami Beach 3,995.6 SQFT 28.3% 0 Cinema 10,647.4 SQFT 72.77. Common Area 3345.O SQFT ,. • 17,988.0 SQFT . Page 1277 of 1751 te=tet`. -- 2014 Product List E./tl J PhilortrrIlk.pr'rttoara;104.in Otter r•tZeri 70 orRanee,2Jxat..2 20otBot I.nl24per Cato Mountain Bloat XXX(Blueberry Pomegranate 1 Coco-Cola Classic Fruit Punch Power C.(Oregon Fruit) Coke Zero Lemon Lima Focus(Kiwi Strawberry) Vann'Coke Orange Esaontal(Orange) Cherry Coke Strawborry Lemonade I Energy(Tropical Citrus) Cherry Coke Zero Grape MaXi•V(Lemonade 1 Clot Colin FOOS= Remo(Fruit Punch 1 Caffeine Free Diet Coke O Defense(Raspberry Apple) Diet Cake wt Land Fruit Punch(Rod) Anentta. Spate Grapelpurple) VW-ZorOtitERO CiInntoo Perser•4nal • ' Sprite Zero Mudd Berry(Slued 23 e2 Rote,711Ca0X Mello Yeno Squected(Lemonade) Rargs Root Boer o a o o oXXX(Blueberry Pomegranate; Pibb Xln FUZE Go Ga Peed Berry) Gained Ginger Ale '^••'••••••• Glow Fane Orange in 9olli2nrr Cr,- titetatZtOrupoRatieffal Pane Orange Zero Strawberry nitron Rise(Orange) Fenn Grape Peach Mango to^ter 414,134 ii,hn Fanta Seae.berry TreptaIPunth nix YSYZcro Minute Mud Lemonade Cranberry Raspberry Pa,.ei C. Status r:..e Y;nuta Maid Pmk Lonnneda Oleo Raspberry newwo Raw Ze.o Minutia Maid Fruit Punch Am Bony Pemaoranage Fara Sawel Ten Banana Coloda Fun Lemon Tea _ SOZ-GLASS'Bottfes•.-p t' /_ Rae Mal Tea E`f:7f�RGV" Neer ca.- t2 per rico IIIA Fuze Strawberry Tea tlnz3L eat rata Coea•Col Clavre Gppuehuno -- furl TnrORI° �' Dot CCke '�' Lance Meer-Mato ,F!•- I41 - - -: .tel)AtS1 Btack)ongtnal) ' Sortie MoetacCino SOoz Baffle 211tace - Blue Agave Calc 330 ml 2Lea so t 6eu t 1 par ease 16.10z(.SLnerIBettea 2-Meese Rod Be '�e f�(✓,•r 11e1 Boltl,a171 ease �'. uu-i X 1L 12 perces. _ VS3,..g. f3orCtnt 7Le44o 1ro .Lu" z cans Ukase ': Coca•Cota Cerise Frotct wl Block Cherry DSIan)Flavors - On;iral(Orange hanged Coke Zero Barq'a Root Deer jean ia'rnnlricasr Onipa Callcine Free Classic Diet Barq's Root Deer Lemon 34n,Cons 121cnr• Vanilla Coke Pith Xtra Strawberry Charged Citrus • Cherry Coke Pibb Zero OM Supe Free Cherry Coke Zero Minute kaid Lemonade De-ink Drops;... - ri OA€ Loaded Cherry Diet Cake Minute Maid Pink Lemonade fer_ Dot Cake ret Selene/ Minute Maid Fruit Punch Strawberry)(MI "••'oar. MONSTER , •- Caffeine Fres diet Coke MI Maid Lew Lemonade Mixed Barry leer,Cans Wu,e, ..0 ' Cat Coke col Lima Fanta Orange Pineapple Coconut Original-Green • Tab Fant.Strawberry Punk Lemonade Le Cark-Wee Sento Fanta Grape Grape Assault-Red Spr.to Zero(Diet) Facto Onngo Zero Cherry Panagr+ntaKhiosnge Frusta Seagram's Ginger Aa 5 JA .a _, Khios-orange D ADsotute Zero-BluelPurple Fro sea ref Peach Soonrom',Dint Mice,Ala Zeoc Goatee 21tcase Abaowte URra•V•Tutc ?SO ML SpafuCap 21iCaso 1S.tee Can,2A/cnsn Iri.I r,!t�d..1 ,tir-• 1 1,0 L 13/easo t-; Raab•n/Te t Lcsnrn.ate I I rff tea41Leasa Rehab- g• �'J+� Rout..Orem Tea 34 1.,::1 �'-- ZlcoCocontltlJctor CI a# Renab•Rojo Red Te Paaeo'Tou 114:Carsdf2 ease aloe PET fey,Choc.P,ne apple 1 b=ase W edy Snack(half Shall 11.2oz Tetra nal 121case ,tfaaroeJev{ i n JAVA Tenn Tea(sweet Tao) 1.0 L Ml.Choc 1(Icat, tSer.Cans 171e3c4 11 1 HpNTrot Pink Lemonade Mean Bean Raaawberry(raspberry) hl au' Loco diose anewoerry(white berry) j5.Zor'I003FLPlatt',74,/cato . Feta VatnlsLight Georgia Peach 1001:Orange Juice orsicra Toffee Green Tea 10056 Apple Juteo Kona Blend Sweet Lemon 10054 Cranberry Apple Raspberry lath Blend • 1004 Cranberry Grape _ 10056 Ruby Red Grapefruit plonerreuferem r; Gold Pork Toa 13,S0r Botts 121C.1.,10014 Strawberry Paulen/reit leer,new,lata, 1,}�j, Irl Swum Tropical Blend Checcl+te n Lemon Q Berry Bland Cart, -•1 ' "- 041FSR.. ' t Jan.LI Green • 1 So',Pant.II.ser eitt,+l /,-_-. unswcet i Len Pyoe.re) t ' venom.ee in,,Deeps ., DO Chocolate .S,?�. Mountain Berry iToni•h.Yeonros "-irr',.• Streneery na CanFruit Punch I 10.1oz.Maio t _• corn P4Rorrt Orange Fruit Punch Chocolate Green Apple • Canal 'tUOdESY:ri t A Oir- A rtor,7F 9 Grange Banana Zero Col Lemonade h.-. Sour Raspberry • Honey Groan Tea Vary Berry ylmnPmierer+lUtro tZnt1 rp�s Poach White Tea Nett Sweet •- Wank RmnInn y 1 led n Hall Tea RasP�rry Ara aie+n Coke-755mL laps n Omeco Ranco Coke do Mexico 4't• ra Strawbay town i, 1 lfo.T,st Aid l{gpr 13X-tee Pants Orange do L'csico t Len•Lnro li la.: Pomegranate Blue Berry Sprite do Mexico .. j SL'tematen Punch idi 4 a Orme,Mango Supedruit 1 i i i i 1 Page 1278 of 1751 EXHIBIT"B" CITY OF MIAMI BEACH MINIMUM MAINTENANCE SPECIFICATIONS FOR MAINTENANCE OF THE MIAMI BEACH BYRON CARLYLE THEATER These minimum operating and maintenance standards are intended to be considered as a whole and intended to provide an overall standard for the Facility. Individual discrepancies, as well as deviations, from any individual standard shall not be considered a default of the Agreement; it is the intention of the parties that this Exhibit is merely a guide and that 0'Cinema is only expected to use good faith efforts to endeavor to meet the standards set forth herein. In the event of a conflict between the terms or conditions of the Agreement and the terms or conditions of this Exhibit, the terms and conditions of the Agreement shall control. PERSONNEL 1. 0' Cinema shall have the sole responsibility to recruit and employ a full-time general manager and any necessary administrative and accounting personnel that are responsible for the overall management and operation of the Facility. 2. 0' Cinema shall have the sole responsibility to recruit and employ sufficient personnel to maintain the following functions: general security; janitorial, housekeeping and cleaning for both event and non-event cleanup; .^ ` "t - ys- s prK0tih.,: ' .,r�moo,"`„- •- -, `iS3ar._ --QI aY. '-....c' ��..�..- �._...�• e--'4'• 6 . .�.. �...- ^ ' • The City shall be responsible for maintenance of electrical systems, plumbing, air conditioning, and painting. 3. 0' Cinema shall have the sole responsibility to recruit and employ personnel as it deems necessary for the staging and coordinating of Events and productions. 4. 0'Cinema shall maintain personnel policies that assure employment practices do not discriminate on the basis of race, color, religion, military status, marital status, physical or mental disability, national origin, age, gender, or sexual preference. • GENERAL SECURITY 1. 0' Cinema shall provide for the overall security of the Facility, including during non- event hours. EMERGENCY PROCEDURES 1. 0' Cinema shall assign an employee and a backup employee to act as an Emergency Liaison to the City. This individual will be required to use good faith efforts to attend any and all meetings, held by the City, that deal with emergency situations, such as extreme weather events, terrorist acts, etc. The Liaison will serve as the point of contact during any emergency crisis. 2. 0'Cinema shall develop and implement a Hurricane Preparedness Procedure, a copy of which shall be provided to the City. 42 Page 1279 of 1751 JANITORIAL, CLEANING AND HOUSEKEEPING 1. The Facility shall be reasonably clean at all times. This includes general cleaning during non-event times, as well as during Events. 2. Restrooms are to be cleaned during Events and on a periodic basis during non-event times to assure that they are in a functional and reasonably sanitary condition. 3. Garbage and trash shall be removed on an as-needed basis. Trash receptacles shall be stationed throughout the Facility. 4. 0' Cinema shall maintain compactor, garbage areas, waste areas, recycling areas, and dumpster areas reasonably clean and debris free in order to comply with applicable codes. 5. Carpets shall be vacuumed and cleaned on an as-needed basis. 6. Flooring shall be cleaned and polished on an as needed basis. 7. Windows shall be maintained in a reasonably clean condition and cleaned on an as needed basis. 8. Treatment for pests and rodents (except termites) shall occur on a quarterly basis as needed to prevent infestation or as required by applicable code. Pest control shall be the responsibility of the City. 9. Entrance doors and mirrors shall be maintained in a reasonably clean condition and cleaned on an as needed basis. LANDSCAPING 1. Indoor landscaping shall be maintained in accordance with specifications of the type of plant and should be watered and fertilized as the type of plant demands. { 2. Indoor landscaping should be reasonably insect-free. EQUIPMENT MAINTENANCE AND GENERAL MAINTENANCE 1. Equipment shall be maintained in a good and workmanlike manner in order to maintain in full force and effect all dealer's and manufacturer's warranties. 0' Cinema shall develop an annual schedule for equipment inspection and preventative maintenance. 2. Upon termination, cancellation, and/or expiration of the Agreement, 0' Cinema shall provide all records maintained in accordance with Section 5.3.4. All existing warranties that are transferable will be transferred to the City. 43 Page 1280 of 1751 3. 0' Cinema shall post and maintain, as required by any applicable governmental code and/or regulation, any and all required professional licenses, certifications, and/or permits. The City 4. G)L'CrA-71-Wfre shall maintain and inspect all building safety systems including but not limited to: smoke, fire, and CO detector systems, backup generator operation, emergency battery backup functions, emergency lighting, emergency egress, special needs and blackout preparedness equipment. All building safety systems shall be tested on at least an annual basis or as required by federal, state or local codes and regulations, and maintained in operating condition at all times. The City 0 Cinema shall notify the City if any known lack of functionality arises in any of these systems. 5. < -e shall develop and implement a plan for inspection and maintenance for the Facility's HVAC systems.. This shall include inspection of all HVAC controls on a quarterly basis to verify proper setting and operation as well as any adjustments and/or maintenance that may be appropriate, including, but not limited to filter replacement, blower and/or heat exchanger, proper operation of air intakes/vents,fan units, ducts, etc. The City 0 Cinema shall notify the City if there is any known lack of functionality in any of these systems. 6. .. a.has the sole responsibility of maintaining the paint on the interior of the Facility. • 44 Page 1281 of 1751 EXHIBIT"C" 0 CINEMA STANDARD AGREEMENT 0 CINEMA VENUE RENTAL AGREEMENT THIS RENTAL AGREEMENT made this '* day of 2014 " by and between hereinafter referred to as 'RENTER" and Living Arts Trust, Inc. dlbla 0 Cinema hereinafter referred to as"0 Cinema° The Duration of this lease is for the specified show times and dates as follow: EVENT DATE&TIME 0 Cinema grants unto°RENTER°the use and occupancy of 0 Cinema(Venue),upon the following terms and conditions for the sole purpose of: EVENT TYPE 1. Rent: "RENTER"shall pay rent to 0 Cinema without demand, together with any and all sales, use and state taxes arising or accruing during the term of the Leasehold,plus the percentages and other charges as set forth below on the following basis: °RENTER"hereby covenants and agrees to pay the following minimum rentals: TOTAL FEE 50%deposit due no later than th , 2014. Balance due no later than 10 business days prior to start of event "RENTER°is subject to the terms and conditions of this LEASE AGREEMENT. These Rental Documents comprise'RENTER's' obligation to rent 0 Cinema and are in full force and effect during the rental period. "Renter" accepts sole responsibility for compliance with the terms set forth in this contract. An executed Lease Agreement must be returned to both parties by ' or contract will be automatically cancelled. By signing this contract,"RENTER"takes full responsibility and obligation for all rental monies and additional charges incurred for film screeninglevent. "RENTER"is fully responsible for full rental of any cancellation for the above-mentioned date. This shall be presented by way of an addendum to this contract and must be signed by both parties. In the event "RENTER" has not completely vacated the premises and returned said premises by the contracted termination time,0 Cinema may assess additional rent at the prevailing daily rental rate for each day or portion thereof beyond the contracted evacuation time. Renter acknowledges that no outside food or beverage may be brought in to the premise to be sold, distributed,given away,displayed or served. 2. Premises and Equipment: 45 Page 1282 of 1751 a) This Agreement grants unto "RENTER" the full use of the auditorium, all seats, lobby and entryways. "RENTER" shall take the premises as they are at the time of occupancy by 0 Cinema. In the event "RENTER" finds it necessary to remove or change the location of any stage rigging, settings, curtain or equipment, the changes shall be made by°RENTER°at"RENTER's"expense; provided, however,that no removals or changes shall be made without prior written consent of 0 Cinema. "RENTER"further agrees to replace and restore all said stage riggings, settings, curtains or equipment to the former location and condition in which °RENTER"found them.0 Cinema furthermore agrees to provide use of the house video projection equipment and playback system(any playback other than Blu Ray,laptop or DCP is not available and alternatives must be provided by 'RENTER") for "RENTER'. These equipments will be permanently housed at The 0 Cinema for the duration of this lease. b) 'RENTER" agrees to pay costs of repair and replacement and all damages of whatever origin or nature which may occur during the term of this agreement in order to restore the leased premises or other parts of the 0 Cinema's premises affected by the event to a condition equal to that at the time this agreement became effective. "RENTER"shall not injure,mar,or in any manner deface the premises or any equipment contained therein and shall not cause or permit anything to be done whereby the said premises or equipment therein shall be in any manner injured marred or defaced. 'RENTER' further agrees it will not tape items,drive or permit to be driven nails, hooks,tracks,or screws into any part of said building or equipment contained therein and will not make or allow to be made any alterations of any kind to said building or equipment contained therein. 3. Services: The 0 Cinema shall furnish air conditioning during show hours only(to be turned on 1 hour prior to first film to allow proper time for cooling,house lights,public address system and water by means of the appliances installed for ordinary purposes, but for no other purposes. Interruptions,delays or failures in furnishing any of the same caused by anything beyond control of the 0 Cinema shall not be chargeable to 0 Cinema. 0 Cinema will provide one daily cleaning of all public spaces prior to"RENTER's"daily usage of the space.All personnel required by'RENTER"during their use of 0 Cinema,will be solely the responsibility of'RENTER". 4. Indemnification Clause: "RENTER" agrees that it will indemnify, hold and save 0 Cinema and The City of Miami Beach (the"City), their officers, agents, contractors and employees whole and harmless and who at the City or 0 Cinema's option defend same,from and against all claims,demands,actions,damages,loss,cost,liabilities,expenses and judgments of any nature recovered from or asserted against the City or 0 Cinema on account of injury or damage to person or property to the extent that any such damage or injury may be incident to,arise out of,or be caused,either proximately or remotely,wholly or in part, by an act, omission, negligence or misconduct on the part of the City or 0 Cinema or any of its agents, servants, employees, contractors, patrons, guests, licensees or invitee or of any other person entering upon the Premises leased hereunder with the express or implied invitation or permission of"RENTER",or when any such injury or damage is the result, proximate or remote, of the violation by 'RENTER" or any of its agents, servants, employees, contractors, patrons, guests, licensees or invitee of any law, ordinance or governmental order of any kind, or when any such injury or damage may in any other way arise from or out of the occupancy or use by"RENTER',its agents,servants,employees,contractors,patrons,guests, licensees or invitee of the Premises leased hereunder. 5. Ordinances and Regulations: 'RENTER" will comply with ail laws, ordinances and regulations adopted or established by federal,state or local governmental agencies or bodies;and by all facility rules and regulations as provided by 0 Cinema, and"RENTER°will require that its agents and employees likewise comply. "RENTER"agrees that at all times it will conduct its activities with full regard for public safety and will observe and abide by all applicable regulations and requests by duly authorized governmental agencies responsible for public safety and by 0 Cinema to assure such safety. The"RENTER' further agrees that all portions of sidewalks,entries,doors,passages,vestibules, halls,corridors,stairways, passageways, and all ways of access to public utilities of the premises shall be kept unobstructed by 'RENTER" and shall not be used for any purpose other than ingress or egress to and from the premises by"RENTER",its staff,and patron. "RENTER"also shall not use or store or permit to be used or stored in or on any part of the Leased premises any substances or thing prohibited by law, ordinance,or standard policies of lire insurance companies operating in the State of Florida,without the permission of 0 Cinema. Illuminating oils,candles,oil lamps,turpentine,benzene,naphtha,or other similar substances or explosives of any kind shall not 46 it Page 1283 of 1751 ii be placed in or on the licensed premises. It is further agreed that no inflammable materials,such as bunting,tissue paper,crepe paper,etc.,will be permitted to be used as decorations and decorative materials unless they are treated with flame-proofing and are approved by the 0 Cinema. 6. Powers to Vacate Premises: 0 Cinema shall retain the right to cause interruption of any performance in the interest of public safety,and to likewise cause the termination of such performance when in the judgment of 0 Cinema such action is necessary in the interest of public safety. Should it become necessary in the judgment of 0 Cinema to evacuate the premises because of a bomb threat or for other reasons of public safety, 0 Cinema will retain possession of the premises,for sufficient time to complete presentation of its activity without additional rental charge. If it is not possible to complete presentation of the activity,rental shall be forfeited,prorated,or adjusted. 0 Cinema reserves the rights to make such announcements as are deemed necessary at any lime in the interest of public safety. "RENTER"agrees that it will cooperate with the delivery of such announcements for public safety,including but not limited to, announcements to require patrons to leave their seats or to leave the premises.0 Cinema reserves the right to eject or cause to be ejected from the premises any person or persons causing a disturbance,and neither 0 Cinema nor any of its officers,agents or employees shall be liable to the'RENTER"for any damages that may be sustained by"RENTER"through the exercise by 0 Cinema of such right. 7. Default and 0 Cinema's Remedies: Full compliance with all terms of this lease and failure to provide payment in the requested time frame shall constitute the immediate cancellation and nullification of this lease. 8. Insurance: As additional consideration over and above the rental payments made by"RENTER"herein, 'RENTER" shall, at its own expense, comply with all of the following insurance requirements of the 0 Cinema. It is agreed by the parties that the'RENTER"shall not occupy the premises until proof of the following insurance coverage has been furnished to the 0 Cinema. a) Commercial general liability insurance,on an occurrence form,in the amount of One Million($1,000,000.00) Dollars per occurrence for bodily injury, death, property damage, and personal injury. The policy must include coverage for premises operations, blanket contractual liability (to cover indemnification section), products, completed operations and independent contractors. If the user's activities involve the sale of alcohol, then liquor liability in the same amount is also required. These policies must name the 0 Cinema and City of Miami Beach,as additional insureds. d) It is understood and agreed that all coverage's provided by the"RENTER°are primary to any insurance or self-insurance program the 0 Cinema has for this Facility and the'RENTER"and their insurance shall have no right of recovery or subrogation against the 0 Cinema. e) All policies must be issued by companies assigned a rating of A:X or better, per Best's Key Rating Guide, latest edition. g) Evidence of the required insurance policies must be provided to 0 Cinema by submission of an original certificate of insurance(proof of additionally insured certificate)thirty(30)days prior to the commencement of the lease period. h) Alternate coverage to satisfy these requirements is subject to prior approval of the 0 Cinema. 9. Administrative Charges: In the event any check,bank draft or negotiable instrument given for any money payment hereunder shall be dishonored at any time,for any reason whatsoever not attributable to 0 Cinema,0 Cinema shaft be entitled, in addition to any other remedy that may be available to make an administrative charge of Twenty($20.00)Dollars for each such check. 10. Miscellaneous: of 47 Page 1284 of 1751 1. (a) All legal proceedings arising from this lease shall be in the courts situated in Miami-Dade County,Florida. (b) If any section, subsection, clause or provision of this Lease is held invalid, the remainder shall not be affected by such invalidity. (c) This Lease may only be altered, changed or amended, by an Instrument in writing signed by both parties hereto. (d) No waiver of any covenant or condition of this Lease by either party shall be deemed to imply or constitute a further waiver of the same covenant or condition or any other covenant or condition of this Lease. (e) This Lease contains and embodies the entire agreement of the parties hereto and no representations, inducements or agreements oral or otherwise,between the parties not contained and embodied herein shall be of any force and effect. (f) In any conflict between the Lease and other written provisions the lease shall prevail. (h) All federal, state,and local laws andlor regulations related to copyright,trademarks,etc. must be complied with by°RENTER°.Further,°RENTER°agrees to save and completely hold harmless 0 Cinema,and to pay all costs related to any violation of the above. 14 Other Terms and Conditions: Any and all other terms of conditions shall be made by way of an addendum to this lease. Said addendum must be signed and executed by both parties in order to be valid. By: Date: Signature Co-Director,"0 Cinema" By: Date: Signature Print Name- "RENTER" Complete RENTER information: Name: Address: Email: City State Zip Code: 48 • Page 1285 of 1751 EXHIBIT"D" CITY OF MIAMI BEACH OWNED PROPERTY INCLUDED IN THE AGREEMENT GM Office Deck and chair 1 File cabinet 1 tall cabinet with Box office safe,and Misc. office supplies 1 shelve unite with ADA Infrareds hearing units 1 Fax Machine( No City Labels, Purchased by Byron Theatre) 1 Dell Computer and Monitor and mouse #31253 CMB Telephone Copy Room 1 HP Laser jet printer(No Labels, Purchased by Byron Theatre) 1 Canon Image Class D320 Printer ( No Labels, Purchased by Byron Theatre) Crew Room 1 Microwave 1 Coffee maker TD Office Desk and Chair 1 Small shelve unit 1 Dell Computer and Monitor and mouse#31254 CMB Misc. office supplies. Telephone Storage Room Misc.Theatrical Hardware Tape, Lamps, Gel and so on. 1 Upright Piano 1 Piano Bench Concession Area 1 Freezer unit 1 Price board Stage Floor:Wenger Versalite staging, black painted cover Stage height 2'-8" Front of Stage to 1st Row of Seats:6' Truss height:18'-8"(bottom) Stage Depth:PL to BS Wall:29'Total stage depth: 30' Proscenium:34'wide x 13'-6"tall Wings:Distance from on stage leg to off stage wall:8'-6" Approx.6'between legs Soft goods: 1 grand curtain with valance 4 per side black velour legs(Legs:6'-3"width) 5 borders(5'height) Upstage Black traveler white seamless cyclorama. 49 Page 1286 of 1751 • Rigging: Line Item @(DS Edge)Note 1 Grand teaser 1'-4"Dark Blue colored 2 Main Curtain 2'-0"Dark Blue, manual SL pull 3 Electric 1 3'-9"Motorized(Trim 17'-9") 4 Black Border 7'-0"Dead Hung(Trim 13'-7") 5 Electric 2 9'-7"Motorized (Trim 17'-9") 6 Black Border 13'-5"Dead Hung(Trim 13'-7") 7 Electric 3 16'-3"Motorized(Trim 17'-9" 8 Black Border 19'-6" Dead Hung(Trim 13'-7") 9 Electric 4 23'-7"Motorized (Trim 17'-9")DEAD HUNG AT THIS TIME 10 Black Border 25'-9"Dead Hung(Trim 13'-7") 11 Black Scrim 26'-11"Dead Hung 12 Electric 5 28'-6"Motorized(Trim 17'-9")DEAD HUNG AT THIS TIME 13 Black traveler 28'-6"control SL 14 Cyclorama 30'-0"Dead Hung • Lighting Inventory: Altman 6X16 1K FEL 1 KW 7.5 x 7.5 15 Altman 6X12 EHG 750 7.5 x 7.5 19 Altman 6X9 EHG 750 7.5 x 7.5 22 ETC Source Four Parnel HPL 575 7.50 x 7.50 20 Altman Sky Cyc 3 cell HTP 100016 x 15.5 6 Accessories: 8-50Ib boom bases 8-10'pipes for booms 18-251b. Sandbags, saddle-style 40-25'SPG cable 40-10'SPG cable 12-5'SPG cable 24-12"side arms 40-SPG Twofers 8-Pattern holders Control: 96-2.4k ETC SensorPlus dimmer/circuits ETC Express 250(version 1.02)w/color monitor Sound inventory: House Speakers: Left and Right mains(JBL MP215 15"2 WAY SPEAKER) Stage Monitors: 2 Community 12"Two Way Wedges Control: Mackie SR24-4-2 VLZ Pro Mixing Console 1 DENON DNC 615 CD Player Accessories: 50 Page 1287 of 1751 1 • Selection of microphones including SM 57 SM 58 24 channel snake(SR) Porta-Com headset system, sound/light/SL,SR Cinema equipment Screen dimensions 14 X 30 35mm equipment Projector (1)Kinoton PK60D Three lens turret for 1.66/1.85/2.35 Scope format.*??? (1)Strong Highlight II Type 72000-01 Watts???? (1)Christie Autowind 3 three deck film platter&makeup table. Audio rack 1 —Smart TCX624A Time-phase correction Electronic Crossover 1 Dolby CP65D Processor . Speakers 3—Stage speakers set up for 3 way reproduction; Low to mid range via Smart crossover and mid to high range via passive crossover(1.2KHZ). Bass=Dual 15 inch woofer. Mid= 12 inch horn loaded. High=horn loaded. JBL 4639 Horn—JBL 125-3000-01 1 —Subwoofer,dual 15 inch.JBL 4642A. (1) 35mm film splicer Video Projectors 1 Proxima Desktop 9290 OTHER 4 Easels 18 Stanchions 11 Red Ropes 4 Curved Serving Tables 3 6ft.Tables 2 8ft.Tables 2 6ft. Ladders 2 10ft Ladders 1 10ft.Wooden Ladder 1 14ft.A Ladder with Extension 51 Page 1288 of 1751 1 Geni Lift S/N: 0900023421 1 Carpet Cleaner 2 Vacuums (934)(943) 3 Sets of pickups and brooms 2 Dust Mops 1 Cement Push Broom 2 Push Brooms 1 Mop bucket and ringer 2 Mops 1 Large Trash Bin on wheels 82 Red Chairs • 12 Black Chairs 2 Locker Units(3 each) 1 Small Fridge 1 Maintenance Cart Assorted Cleaning supplies and paint. 52 Page 1289 of 1751 A ' EXHIBIT"E" BYRON CARLYLE THEATER CITY OF MIAMI BEACH . FACILITY REPAIRS LIST 1. The building exterior pressure cleaned and water proofed. 2. Roof leaks were repaired. 3. The HVAC system inspected and serviced including the replacement of; a. 23 grilles. b. 46 collars c. 150' of flex duct d. 23 volume dampers. 4. All Electrical components tested and replacements are listed below: e. 1. 32 emergency lights replaced f. 2. 7 exit/emergency combos replaced g. 3. 23 exit lights replaced h. 4. 20 MR 15 lamps replaced i. 5. 6 MR11 Lamps replaced j. 6. 17 500W lamps replaced in the theater k. 7. 4 new 1'x4'fluorescent fixtures in men's restroom I. 8. 3 new floats and wiring to repair lift station 5. Plumbing inspection and repair of lift station and replaced: m. 2 flush valves n. 2 faucets o. 4 float switches for the lift station. 6. The hallway painted as well as 10 different office spaces and three restrooms. 7. Replacement of ceiling tiles and ceiling grids. 8. All doors were inspected and adjusted for proper operation. 9. A comprehensive pest control system was completed. 10. Fire Alarm Systems Annual Test& Inspection 11. Fire Alarm Systems deficiencies were correction 12. Fire Sprinklers and Backflow Preventer Annual Test& Inspection 13. Fire Sprinkler and Backflow Preventer Deficiencies Correction 14. Pressure Washing, Housekeeping and Floor Care 53 Page 1290 of 1751 EXHIBIT"F" 0 CINEMA RATE SCHEDULE 0 CINEMA MIAMI BEACH Venue Rental Rates RATES Commercial Non-Profit Individual Artist Three Hour $1,250.00 $1,000.00 $750.00 Rental (Mon thru Thurs) • Three Hour - $1,875.00 $1,500.00 . $1,125.00 Rental • (Fri, Sat or Sun) Weekly ' $8,000.00 $6,000.00 Same as (Fri thru Sun or ` commercial Fri thru Thurs) Additional Costs 0 Cinema staff will be on hand to assist in general operation of the facility. However, should you need additional help with the execution of your event or require the use of 35mm projection the following fees will apply: Additional Staff @ $25.00 per hour per employee. Use of 35mm projector& projectionist - $250.00 per evening Food & Beverage O Cinema provides on-site concession items for purchase by your guests. Our concession will always remain open for guests at all events. However, in addition to our items available for purchase you may choose to bring in your own food or beverage to provide to your guests. If so, the cost for doing so is $300.00 per three-hour period. 0 Cinema can also create custom concession packages for your guest. Cleaning Fee $150.00 cleaning fee is required per rental/per night Box Office O Cinema staff can run the box office sales for your event during your rental for the following rate per three-hour period. $100.00 54 Page 1291 of 1751 - EXHIBIT"G" COCA-COLA PRODUCT LIST 55 Page 1292 of 1751 August 22, 2018 Summary of notable adjustments to Management Agreement Between 0 Cinema and City of Miami Beach • Specific benchmarks shall be adjusted to: (4.2.4) o Serve an anticipated 15,000-25,000 visitors per year o Eliminate increased attendance requirements year over year o Eliminate specific amount of marketing budget required to be spent. • The City will be responsible for all maintenance,repair,and pest control of the Facility (5.3.5, Exhibit B, and throughout agreement) except day-to-day cleaning and general simple upkeep,which is the responsibility of 0 Cinema. • The City will cover the expense of all utilities. (20.1) • 0 Cinema will no longer be required to pay a Base Use Fee/Percentage Base Use Fee/Minimum Guaranteed Base Use Fee (6.1) • 0 Cinema will no longer be required to pay Capital Fund Contributions. (6.2.4) • Reporting by 0 Cinema to the City is limited to the following, all to be submitted by June 1 each year: (12.1.3) o Annual Management Plan ■ May include any pertinent updates on any changes to the status of alcohol licenses or permits o Programmatic Plan o Operating Budget for the current year o Operating Revenues and Operating Expenses of the previous year o Capital Repair issues and requests, made by 0 Cinema,to the City (may be included with annual report, and also can be submitted throughout the year) o Booking report shall be annual rather than quarterly. (5.2) • City shall support 0 Cinema by providing an Annual Operating Subsidy of not less than$78,000 per year. (9.1) • City shall notify 0 Cinema two business days in advance, if equipment in building is going to be adjusted,moved, or removed. (11.4) • 0 Cinema has an updated mailing address and also requests notifications by email to two co-directors. (32) Page 1293 of 1751 • In the case that there are non-alcoholic beverage products that Coca-Cola does not produce or offer, 0 Cinema is permitted to source and sell alternative brands and products,as long as there is not a Coca-Cola option of that product type available. (41) Page 1294 of 1751 AMENDMENT NO. 1 TO THE MANAGEMENT AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND LIVING ARTS TRUST, INC. D/B/A 0 CINEMA FOR THE MANAGEMENT& OPERATION OF A PORTION OF THE BYRON-CARLYLE THEATER This Amendment No. 1 (Amendment) to the Management Agreement, dated October 24, 2014 (the Agreement), by and between the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation, organized and existing under the laws of the State of Florida, having its principal place of business at 1700 Convention Center Drive, Miami Beach, Florida 33139 (the City), and LIVING ARTS TRUST, INC. d/b/a 0 CINEMA, a Florida nonprofit corporation, having its principal place of business at 90 NW 29th Street, Miami, FL 33127 (0 Cinema), is entered into this day of 2018 (Effective Date). RECITALS WHEREAS, on October 24, 2014, pursuant to City Commission Resolution No. 2014-28729,the City and 0 Cinema entered into a Management Agreement(Agreement), for the management and operation of a portion of the City-owned Byron Carlyle Theater (Facility), located at 500 71st Street, Miami Beach, Florida 33141; and WHEREAS, the Initial Term of the Agreement ends October 31, 2019 and the City has the option to renew with single or multi-year terms, which Renewal Term(s)are notto exceed a total of five (5)years, by providing 0 Cinema with not less than 365 days written notice prior to the expiration date of the Initial Term; and WHEREAS, pursuant to the Agreement, 0 Cinema is responsible for all maintenance, minor repairs, janitorial expenses, and 72% of the costs of utilities at the Theater (representing 0 Cinema's proportionate share of the Facility), while the City is responsible for all major repairs, capital improvements, and 28%of the charges for utilities at the Theater; and WHEREAS, as compensation for use of the Facility, the Agreement requires 0 Cinema to pay minimum annual rent of$5,000, or 10% of certain revenues, whichever is greater(Use Fee)and, in addition to rent, 0 Cinema contributes$2,500 annually to defray the City's cost for major repairs and capital improvements to the Facility (Capital Contribution); and WHEREAS, 0 Cinema has requested the City modify several terms in the Agreement, including: an extension of the term of the Agreement by two years; an annual City subsidy to 0 Cinema of$100,000, less utility costs, and maintenance and repairs of HVAC, Septic, Sewer, safety systems, roof, and elevator systems at the Facility; waiver of the Use Fee and the Capital Contribution; and modification of certain performance benchmarks; and WHEREAS, on July 13,2018 and July 20,2018,the Finance and Citywide Projects Committee (FCWPC) recommended that the City Commission fund the additional amounts necessary to accommodate 0 Cinema's requests related to its Agreement, Page 1 of 6 Page 1295 of 1751 provided that 0 Cinema add a City appointee to its board of directors and expand its programming for seniors and children; and WHEREAS, the City and 0 Cinema hereby agree to extend the Agreement through the first two (2) one-year Renewal Terms,,commencing November 1, 2019 and ending October 31, 2021; and WHEREAS, on November 14, 2018, the Mayor and City Commission adopted Resolution No. 2018- , accepting the recommendation of the FCWPC, at its July 13, 2018 meeting, and approving, in substantial form, Amendment No. 1 to the Management Agreement with Living Arts Trust, Inc. (d/b/a 0 Cinema); said amendment providing for: (1) the exercise of the first two (2) one-year renews)� options, commencing November 1, 2019 and ending October 31, 2021; (2) th e/payrnt to 0 Cinema of an annual subsidy, in the gross amount of $100,000, less a(ieinimum utility payment -n (estimated to be$22,000 per year), resulting in a net a uual su bidy of$78,000, payable quarterly, in the amount of$19,500, subject to annual true u\ pay\ment to the City for e s utility usage exceeding 0 Cinema's proportionathare (72%) of he agility expenses for each contract year, and contingent upon funding/approval during the City's budgetary process for each fiscal year; (3) the assurription, by the City, of the\re nsibility for maintenance and repairs of the Facility, at an estimated�6)t of approximately $50,000 annually, contingent upon funding approval during'thCtts'budgetary process for each fiscal year; (4) the waiver of the use ees, having\a value of approximately $12,000 per year; 5)the waiver of the annual ca' ital-contributiori of$2,500; and 6) the modification of the annual benchmark requirements\ inco poratQng a requirement to provide programming for youth and seniors, and relaxing\soMm-olthe enchma�ks to conform to existing operational conditions; and authorize the City\ ManageCity Clerk to execute the final amendment. /' NOW THEREFORE, in c9nsiderat``on of the mutual promises and conditions contained herein, afl\ther god aanndvaluable\ onsideration, the sufficiency of which is hereby acknowledged, theNCity and 0 Cine. a\hereby agree to amend the Agreement as follows: - � 1 A OB VE RECITALS. he above rec tats are r e and correct and are incorporated as part of this Amendment. 2. MODIFICATIONS The Agreeents Thereby modified (deleted items struck through and inserted items unde,mhned) as follows: (a) Subsection/4..2.4 of the Agreement is hereby modified as follows: 4.2.4 Annual Benchmarks. Every year, throughout the Term of the Agreement, O Cinema shall achieve the following benchmarks: • operate a minimum of 5-days a week, 48 weeks a year schedule; • present no less than 500 Events throughout the year; • serve an anticipated 40,000 20,000 visitors per year; • increase attendance by 5% annually over prior years; • highlight and market 0 Cinema Miami Beach as part of 0 Cinema's annual marketing budget, - -• ---- - - e' - - -e • and provide by June Page 2 of 6 Page 1296 of 1751 1 of each year: (1) a comprehensive annual report of completed marketing efforts over the past year and (2).a detailed plan for 0 Cinema's marketing strategy over the upcoming year; • provide Miami Beach residents with discounted-quality cinematic offerings (20%4 discount) at least 12 times per year, for a minimum of one film screening per month; • present an annual event, "Celebrate Miami Beach," highlighting Miami Beach's culture and history, including a film screening, post-film discussion,and reception, all provided with free admission for the community: • provide no less than 200 free tickets for seniors for select screenings. In addition, O Cinema will work with local senior centers, senior housing facility, and the City's Parks & Recreation Department to offer free special,screenings throughout the year for seniors (aged 62 and over) no less than,once per quarter and/or four times per year; / • provide no less than 200 free tickets for youth,th ouq out'Miami Beach for select screenings. In addition, 0 Cinema will work'witlYParks &\Recreation Department and area schools to offer free special screenings throughoutth'e.year for students (up to age 18) no less than once per quarter and/or four times\per\year; • provide no less than 100 free and/o(dis6ounted tickets offered`annually through the Miami-Dade County Golden Ticket,pi-ogram fo`r seniors ages 62`antl over, and the Miami-Dade County Culture Shock'$5lickei program for youth ages 13-22 to select films and events. (b) Subsection 5.3.3 of the A ement-is hereb modified as follows: ---,... \\C. \� '' -y \\ 5.3.3 negotiate, execute in its name as agent for the City, deliver, and administer any and all contracts in connection with\the'mar agemer t rmaintenance, promotion and operation of the Facilify; provided that if' any such contract has a term that extends beyond the remaining Term, such\qo�tract shall provide that it is automatically assigned to City es.�of he exi ration or termination date of this Agreement and that the City Manager may terrgnate any such agreermen,t at any time.without cause and/or liability to the City-upon-not less,th ten (10) days written notice. <,/------- N\\) Subsection 5\3.5\of\the Agreement is hereby deleted in its entirety and replaced with t>e followg: .3Cinema warrants and represents to City that, prior to the Effective Date, O Cinema inspected the Fracility, and 0 Cinema hereby accepts the Facility"as-is, where- is and with aIl`faults." (d) Subs ce tion,6.1 of the Agreement is hereby deleted in its entirety. (e) Subsection 6.2.4 of the Agreement is hereby deleted in its entirety. (f) Section 9 is hereby deleted in its entirety and replaced with the following: SECTION 9. LIMITED FUNDING BY CITY. 9.1 Upon execution of this Amendment, during the remainder of the Term for each Contract Year, the City shall provide funding to 0 Cinema, contingent upon funding approval during the City's budgetary process each fiscal year, in an amount not to exceed $100,000.00 for a Contract Year, which shall be reduced by $22,000, representing 0 Page 3 of 6 Page 1297 of 1751 Cinema's minimum utility use fee ("Minimum Utility Payment") for the shared utilities (as are defined in Section 20), resulting in a net subsidy to 0 Cinema of $78,000 ("City Contribution(s)"), payable in quarterly installments annually, with the first payment, in the amount of$19,500.00, due October 1; $19,500.00 due on January 1; $19,500.00 due on April 1; and$19,500.00 due on July 1. 0 Cinema shall submit an invoice for each payment of such City Contribution and also submit the corresponding reports due for that particular quarter. The City will pay the invoice within forty-five (45)days from receipt of the invoices. Notwithstanding the foregoing, the City, in its sole discretion, may condition payment of the City Contribution upon 0 Cinema providing the requisite reports under this Agreement including, without limitation, those reports set forth in Sections 5 and 12 of this Agreement. If at such time the City occupies that area of the Facility not currently occupied by O Cinema, depicted as "City of Miami Beach" in Exhibit A, then'the City agrees to revisit with 0 Cinema the structure of the Minimum Utility Payment/ (/ 9.2 Annual True Up. Notwithstanding the foregoing, in,the event that the cost of 0 Cinema's share of the utility bills for the Contract4ear,`based upon 0 Cinema's Proportionate Use (72%) of the Theater, exceeds/the'Minimum Oti4Payment, then 0 Cinema will reimburse the City for the overage'amount received during.the applicable Contract Year within forty-five (45) days fronthe,end of the fourth quarter.Conversely, in the event that the cost of 0 Cinema's share of the utility billfor the Contract Year, based upon 0 Cinema's Proportionate Use(72%)of Die.Theate`r,falls short of the Minimum Utility Payment, then the City will reimburse 0 Cinema 'for,the underage amount from the applicable Contract Year within fort9-five.(45) days from'the end of the fourth quarter. 9.3. Notwithstanding the\foi the costs associated with the City Contribution shall be subject to funding, appropriation,\arid approval by the City Commission during the/City's annual budget/app'roval.process. Any references to City Contributions, payments,-ol reimbursements are based on'a full Contract Year and subject to budgetary funding approvals for the Fiscal Year covering said Contract Year. As such, any event which creates a shortened Contract\Year, such as a default or termination for convenience, shall be proratedacco?dingly. 9.. E ese t pt aset forth in this Son 9, and other costs which the City has expresslyagreed to,pay undeNthe terms of this Agreement, the City will have no other fundinq(or other paym`ent'obligations with respect to the Facility or its Operating Expenses or its operations. Additionally, O"Cinema and City have entered into this Agreement with the expectation and belief'that, as of the Effective Date, no governmental body will impose any ad valorem taxes uponithe Facility nor any sales, income, excise or other taxes. Notwithstandinq'the preceding sentence, the City makes no representation to 0 Cinema, either expressed.or,implied that any or all of such taxes may or may not be imposed at any time during the‘Terni of the Agreement. v (g) Subsection 11.3 of the Agreement is hereby deleted in its entirety and replaced as follows: 11.3 Maintenance. The City hereby assumes, on behalf of 0 Cinema, the responsibility for the maintenance (the City maintenance responsibility), and the repair and replacement (at the City's sole discretion), of all improvements, fixtures, and equipment at the Facility (collectively, the City repair responsibility). Notwithstanding the foregoing, the costs associated with the maintenance and repair responsibilities shall be subject to funding, appropriation and approval by the City Commission during the City's annual budget approval process. Additionally, the City shall comply with the repair Page 4 of 6 Page 1298 of 1751 responsibility through the City's existing agreements and in accordance with the same standards, as the City provides for other City facilities. The City maintenance and repair responsibilities shall not include those services or costs relating to or arising out of any private event or activity at the Facility including, without limitation, services and costs associated with the rental of the Facility, which additional services or costs shall remain the responsibility of 0 Cinema. 0 Cinema agrees to keep and maintain the Facility, and every part thereof, in good condition and order during the Term of the Agreement and will . not suffer or permit any strip or waste of the Facility. 0 Cinema shall comply with any and all State, Miami-Dade County, and City laws, codes, rules, and regulations, etc. with regard to its respective obligations. 0 Cinema shall provide the City with prompt notice of, en eded maintenance and repair requests that are deemed to be within the City's responsibilities, and the City shall have a reasonable time thereafter to commence said maintenance and/or repairs. Except as expressly provided in this Agreement, it is understoockliy,the parties hereto that 0 Cinema shall not be responsible nor required to paycfor any\costs related to capital improvements or infrastructure (i.e. including, but.not,limited to, roof,structural elements and infrastructure, HVAC, plumbing and sewer,lines(maior electrical>etc�)for the Facility (collectively, capital improvements or repairs)�O Cinema shall provide the,City with prompt notice of needed capital improvements or repairs, so that''the City, in its `s ole discretion, may prioritize and appropriate the funds necessar for,any,rieeded capital improvements or repairs. � (h) Subsection 12.1.1 of the Agreement is here .y modified as follows: 12.1.1 0 Cinema shall keep lu I and accurate ac ting books and records relating to all Operati g`Revenes an i\ Operating Expenses, all in accordance with generally accepted fa�c u tin ng`principles` 0/Cinema shall give the City's authorized representatives access to such books and records during reasonable business hours and upon reasonable advance notice. All books\arid records shall be made available on-site at the Facility or electronicaIl OCinema shat'keep and preserve for at least three (3) years following-each Fiscal Year, or for--as long-as such records are required to be retained pursuarpt4�FlozdaNPublic Records Law(whichever is longer), all sales slips, rental agreements, purchase"ord r sales books, credit card invoices, bank books or duplicate depositKlips, and other''evidehce\of Operating Revenues and Operating Expenses for such pe@riod. In additionnor before June 1St of each year 120 days following each Fiscal Year, 0\Cinema shall furnish to the City a line item (i.e., by categories) statement of Operating"Costs and Operating Revenues (and profit or loss) for the Facility for the preceding Fiscal Year,and J eluding the number of tickets sold and Events and other uses held, prepared in\accordance with generally accepted accounting principles certified as accurate by 0 Cinem5s'Chief Accounting Officer or Chief Financial Officer. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Page 5 of 6 Page 1299 of 1751 IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by their appropriate officials, as of the date first entered above. FOR CITY: CITY OF MIAMI BEACH, FLORIDA ATTEST: By: Z> Rafael E. Granado, City Clerk Dan Gelber, Mayor Date FOR 0 CINEMA: LIVING ARTS TRUST, INC. d/b/a 0 CINEIVIA,\ a Florida nonprofit cor.oration> ATTEST: By: Title------- N _ Title Print Name\\\ Print Name Date\\\) Page 6 of 6 Page 1300 of 1751 A ,A F 9 4 City of Miami Beach, 1700 Convention Center Drive,Miami Beach FL 33139 LTC# 493-2018 LETTER TO COMMISSION TO: Mayor Dan Gelber and Members of City Commis on FROM: Jimmy L. Morales, City Manager omillOw— DATE: September 12, 2018 SUBJECT: BYRON CARLYLE FACILITY CONDI TION UPDATE The purpose of this Letter to Commission (LTC) is to provide the Mayor and City Commission with an update of the Byron Carlyle facility condition. Several weeks ago, a site visit identified an issue with the electrical room that floods due to its location in the building below Design Flood Elevation (DFE). Property Management engaged Douglas Wood and Associates (Structural Engineers) and TLC Engineering (Electrical Engineers) to evaluate the conditions of the Byron Carlyle in addition to performing the coming due 50 year certification. These reports will help determine the general structural condition, as well as the general condition of its electrical systems and provide a resolution to the flooding of the main electrical room. HISTORY: The Byron Carlyle Theater Complex (the "Theater"), located at 500 71St Street, between Byron Avenue and Carlyle Avenue, originally opened in December 1968 as twin cinemas hosting first- run movies in the heart of North Beach. A total of 994 seats were originally built, with the large auditorium having a capacity of 590 seats, consisting of approximately 28,000 square feet. In the mid-1970s, the Theater was re-developed into a multiplex cinema; the larger auditorium to the west was subdivided into five (5) smaller theaters. The Theater continued to operate until it was sold by its owner, Wometco Enterprises, when the City of Miami Beach purchased it in 2001, for$1.7 million The western portion of the building, primarily consisting of five auditoriums is currently uninhabited due to its poor condition (photos attached). Damage from flooding, deferred interior maintenance, poor air circulation, mold, and a series of electrical deficiencies, have made this portion of the theater unsuitable for use. The eastern portion of the building, consisting of approximately 18,000 SF, consists of approximately 10,647 SF occupied by 0 Cinema, approximately 3,996 SF of vacant office space retained by the City and approximately 3,345 SF of common area. For purposes of the agreement, 0 Cinema occupies 72% of the Theater building while the City retains 28%. The vacant office spaces retained by the City are in similar disrepair as that mentioned above for the western portion of the theater. The offices are currently vacant and would require significant improvements and repairs to be suitable for occupancy. The City's responsibility include capital repairs and replacement of all structural Page 1301 of 1751 Page 1 of 71 LTC: Byron Carlyle Condition Update components thereof, all HVAC systems, life safety, mechanical or other systems, plumbing and sewer lines, roofs under the lease agreement between The City of Miami Beach (City) and Living Arts Trust Inc. d/b/a/ 0 Cinema (0 Cinema). 0 Cinema is responsible for the facility including, without limitation, all structural components, electrical, HVAC, life safety, mechanical, plumbing and other systems and equipment in a good and clean condition consistent with the comparable facilities and in compliance with all governmental requirements, ordinary wear and tear, and casualty loss expected. Maintenance responsibility shall include preventative and any and all other maintenance and as required ANALYSIS: The summary of the reports are as follows: The 50-year Electrical Recertification site inspections and associated report were the work of TLC Engineering under the direction of a Senior Electrical Engineer of the firm and a registered Professional Engineer in the State of Florida. The limitations of the inspection include no review of concealed, no instrumentation tests performed, and no attempt to verify the original electrical design.The electrical deficiencies noted were: • Visual observations of water damage to the electrical service 2-section panelboard assembly in the main electrical room showing signs of corrosion. • Visual observations of water damage to conduit penetrations into the floor of the main electrical room, the wiring within the conduits may be compromised. • Wooden pallets were observed on the floor of the main electrical room. The pallets are for personnel to walk on when standing water floods the room, since it is situated below the base flood elevation. This condition presents a safety hazard. • Electrical equipment is showing signs of corrosion and are in need of replacement. • Countertop millwork located in front of panel boards was observed; this is a violation of the National Electrical Code for the required working clearances in front of electrical equipment. • Grounding electrode conductor connection observed in main electrical room showing signs of corrosion. • Emergency lighting fixtures not working as intended. The replacement and addition of emergency lighting fixtures for life safety and path of egress is required. • Fire alarm system needs to be updated and replaced with voice communication due to the type of occupancy classification of the Theater. • A new location of the main electrical room and associated power distribution equipment above base flood elevation is necessary. • Outdated and obsolete electrical equipment is recommended to be replaced with new. The estimated financial impact for the necessary electrical repairs in order to be compliant with current code is approximately $562,000.00. This estimate includes, but is not limited, to the relocation of the main electrical room above base flood elevation, emergency lighting renewal, rearrangement of raceways and fire alarm upgrades. The 50-year Structural Recertification site inspections and associated report were the work of Douglas Wood Associates under the direction of a Structural Engineer of the firm and a registered Professional Engineer in the State of Florida. The inspection includes general Page 1302 of 1751 Page 2 of 71 LTC: Byron Carlyle Condition Update conditions of the structure, visual assessment and recommended repairs. Some actions and repairs need to be accomplished before this building can be recertified. The summary structural deficiencies noted were: • The addition of a stage to the east cinema does not appear to comply with the current live load code requirement as per FBC 2017 (Florida Building Code 2017). • Stage and aluminum trusses were added without plans (review of structural implications needed in order to proceed accordingly). • Floor structure supporting the later added truss frame that supports the lighting needs to be tested for point load support. • Spalling in concrete columns located in the hallway, electrical room slab, exterior concrete beams, and other exposed areas. • Corrosion on structural steel supporting the theater sign, on access hatch, and on exposed reinforcement throughout. • Maintenance repairs needed to restore the deteriorated roofing systems on the upper and lower roofs. • Exterior walls showing signs of stucco cracking, spalling, peeling, noted in northwest corner of the building. • Wood-framed steps to access stage need to be modified in conformance with FBC 2017. Note from DWA: "Based on our visual observations, verbal reports from the current building manager and the writer's personal experience, the below-grade areas of the building (restrooms, electrical room and adjacent rooms at the east end of the building and the low points of the west end of the cinema)regularly flood round high tides and the cycle of king tides. Over time, this saline water intrusion can potentially accelerate deterioration of the concrete structure in these areas (i.e spalling an corrosion of reinforcement). While this condition does not present an immediate significant structural safety issue, this condition does present safety issues and potential health issues." The estimated financial impact for the necessary structural repairs in order to be compliant with current code and the 50 year Certification is yet to be determined. City staff is working diligently with the consultant in order to receive this information as soon as possible. In regards to the water intrusion affecting the main electrical room, in order to reliably dry flood- proof the room, it would be necessary to remove all existing equipment from the room and have the room reconstructed. This would create a significant financial burden, it will disrupt operations and it would be difficult to guarantee the necessary results. The more feasible and potential course of action would be to relocate the electrical room to the second floor of the building. The current drawings are in poor condition and load capacity for existing slab cannot be determined with much certainty. The work stated above would need to be vetted by the Structural consultant and contractors. The estimated cost only for the structural work is approximately$150,000.00. Furthermore, as part of this work mechanical, roofing, and issues related to the building being partially constructed under base flood elevation need to be addressed. The area occupied by Page 1303 of 1751 Page 3 of 71 LTC: Byron Carlyle Condition Update the City (see exhibit "D") has had no functioning air conditioning units since 2004. In order for the space to be habitable the new units must be reinstalled in compliance with the occupancy load, and use of space. The air conditioning units located in the area leased to 0 Cinema were installed by the City in 2011 and are the tenant's responsibility to maintain. An environmental consulting firm has been retained to perform indoor air quality testing in all of the areas of the Theater. Several sections of the roof need to be replaced as they are beyond repair; this includes drain lines and scuppers. There have been reports of multiple leaks throughout the facility, severe water ponding, and lack of over flow drains. Roof reports and moisture surveys performed by a roofing consultant concur with the need to have the roofs replaced. The cost associated for the work stated above is yet to be determined. City staff is working diligently with the consultants and contractors in order to receive this information as soon as possible. BYRON CARLYLE UP TO DATE ESTIMATED COST Description Amount Electrical 50-year Re-certification $562,000.00 Structural 50-year Re-certification.._ ...... Structural Repairs for Main Electrical Room..._..._...m $150,000.00 HVAC Repairs and New Units to be Installed TBD Environmental Engineering Air Test.._.. ........_.__.._...._..._.........._. $8,500.00 Roof Repairs and Replacement _.._._....__..._._.........TBD Flood Proofing the Building--._................_........_....... ___............._TBD Estimated Cost to Date: _ $ 720,500.00 Total Cost: „�... .__._ TBD Page 1304 of 1751 Page 4 of 71 ti LTC: Byron Carlyle Condition Update CONCLUSION: The Property Management Department met with the Building Department, which determined that, work on these deficiencies must begin right away in order to maintain compliance if the building is to remain occupied. Unfortunately, the variables still pending to be determined could significantly impact the scope of work. Unforeseen expenses may increase the project cost drastically, as well as jeopardize the feasibility to maintain the Byron Carlyle operational. The possibility of mold and mildew exposure due to the water infiltration from the condition of the roofs, and lack of proper cooling and dehumidification, may be the catalyst that vacates the entire facility until it can be properly remediated. City staff is working closely with consultants and contractors to expedite the permitting, procurement and identify the repair criteria in order to move forward with the immediate work necessary. The cost proposals requested incorporate the full scope of work to remediate and repair this building using the most expeditious method. Total project costs is currently unknown. Should you have any additional questions, please contact Adrian Morales at 305.673.7000 ext. 2932. EXHIBITS: Exhibit"A"0 Cinema and Condemned Area Photographs Exhibit"B"TLC Electrical 50 Year Recertification Report Exhibit"C"Douglas Wood Structural 50 Year Recertification Report Exhibit"0"0 Cinema and Condemned Area Diagram JLM/MT/"M/LA • Page 1305 of 1751 Page 5 of 71 i LTC: Byron Carlyle Condition Update Exhibit"A" 0 Cinema and Condemned Area Photographs i st- ,, 1IV ' li cif, fl } Image 01 Image 02 i I t`, ! } = a; 1 — -,-- ' li'. . , lir I S . I. I h l L altl.- t j Image 03 Image 04 y , -.aro I I k i i • Image 05 Image 06 . Page 1306 of 1751 Page 6 of 71 LTC: Byron Carlyle Condition Update Exhibit"A"0 Cinema and Condemned Area Photographs -.owl L { _ - f t f r� f Image 07 Image 08 1 - --4; , I (.. 0 \ , °IL _ A _ Image 09 Image 10 w_ Y - -V Image 11 Image 12 Page 1307 of 1751 Page 7 of 71 i 1, LTC: Byron Carlyle Condition Update Exhibit"B"TLC-Electrical 50 Year Recertification Report Page 1308 of 1751 Page 8 of 71 1 If ENGINEERING FOR ARCHITECTURE Electrical 50-Year Recertification Renort Name: Byron Carlyle Theater Location: 500 7152 St. Miami Beach,FL 33141-3018 Folio No: 02-3211-002-1070 Case No:Not Applicable Date of Inspection: August 22, 2018 Present Use: Cinema/Theater QUALIFICATIONS: This Fifty (50)year Electrical Recertification site inspections and associated report were the work of TLC Engineering for Architecture South Florida Operations(Miami Office) under the direction of Ralph Baeza, PE,who is a Senior Electrical Engineer of the firm and a registered Professional Engineer in the State of Florida with the license no. 42641. GENERAL DESCRIPTION: The existing building is a two (2) story flat roof structure. GENERAL PROCEDURE: This inspection began at the exterior. It continued through the interior. The condition of the electrical distribution equipment,at the electrical/mechanical room and other areas inside the building where other panel boards are located were visually observed. The different visible electrical components such as lighting fixtures,wiring devices,safety switches and exposed conduit runs were observed throughout the whole building. Refer to the"MINIMUM INSPECTION PROCEDURAL GUIDELINES FOR BUILDING'S ELECTRICAL RECERTIFICATION"per Code of Miami-Dade County, Sec 8-11, Ordinance no. 01- 112 for additional information. LIMITATIONS: 1. No concealed spaces were exposed to view. 2. No instrumentation tests were performed. TLC ENGINEERING FOR ARCHITECTURE, INC. 5757 Blue Lagoon Drive. Suite 400. Miami, FL 33126-2078 Page 9of71 Phone 305.266.6553 HFdeylcl-3651i06d1a5Qom Fax 305.266.6695 3. No attempt was made to confirm or verify the original electrical design or to perform an exhaustive analysis of the electrical system. 4. As a routine matter, in order to avoid possible misunderstandings, nothing in this report should be construed as directly or indirectly as a guarantee of any portion of the electrical system. To the best of my knowledge and ability,this report represents an accurate appraisal of the present condition at this date of the building based upon evaluation of observed condition to an extent reasonably possible. DEFICIENCIES: 1. Visual observations of water damage to the electrical service 2-section panelboard assembly was observed in the main electrical room;the panelboard assembly is showing signs of corrosion. Refer to photo no. 1 of the document entitled"Byron Carlyle Theater Photographs". 2. Visual observations of water damage to conduit penetrations into the floor were observed in the main electrical room. There is a possibility that wiring located in these conduits may have been exposed to water intrusion and may be compromised. Refer to photo no. 2 of the document entitled"Byron Carlyle Theater Photographs", 3. Wooden pallets were observed on the floor of the main electrical room. It is TLC's understanding that the main electrical room is situated below the base flood elevation and that the pallets are for personnel to walk on when standing water is located within the room. This condition presents a safety hazard. Refer to photos no. 3 and 4 of the document entitled"Byron Carlyle Theater Photographs". 4. Some electrical equipment are showing signs of corrosion and need replacement. Refer to photos no. 5 and 6 of the document entitled"Byron Carlyle Theater Photographs". 5. Some electrical panelboards contain manufacturer labels by Frank Adam and are outdated and obsolete. 6. Countertop millwork located in front of panelboards 1 LR2 and 1 LR3 were observed;this condition is in violation of the National Electrical Code (NEC,2014 edition), section 110.26 for required working clearances in front of electrical equipment. 7. A grounding electrode conductor connection observed in the main electrical room appears to show signs of corrosion. This condition might be a result of possible water damage experienced in the main electrical room. Refer to photo no. 7 of the document entitled"Byron Carlyle Theater Photographs". 8. Some emergency lighting fixtures do not appear to be working as intended. The replacement and addition of emergency lighting fixtures for life safety and path of egress is required. 9. The existing fire alarm system needs to be updated/replaced with voice communication for the type of occupancy classification. Refer to photo no. 8 of the document entitled"Byron Carlyle Theater Photographs". 10.New location of main electrical room and associated power distribution equipment situated above the base flood elevation is necessary. 11.The outdated and obsolete electrical equipment are recommended to be replaced with new. We anticipate that the costs of completing the necessary electrical repairs will be approximately $562,000. TLC recommends that these corrective actions are reviewed by an electrical contractor and a professional estimator for a more accurate cost estimate. Page 1310 of 1751 Page 10 llf r0. {niu!m • Please do not hesitate to call me if you have any questions and/or comments. Sincerely, TLC Engineering for Architecture Dr. Ralph Baeza, PE Senior Electrical Engineer • Page 11"l'if Page 1311 of 1751 "a"'"` • LTC: Byron Carlyle Condition Update Exhibit"C" Douglas Wood Structural 50 Year Recertification Report Page 1312 of 1751 Page 12 of 71 l3 0 z September 10, 2018 t/} (n Building Official City of Miami Beach E9 Building Department D U) 1700 Convention Drive 0 (o) Miami Beach, FL 33139 ® Q STRUCTURAL ENGINEERS Reference: 50-Year Recertification Byron Carlyle Theater 500 71 St., Miami Beach, Florida Folio 02-3211-002-1070 Dear Building Official: Our recertification report for the above referenced building located at 500 71 St. is attached. We have determined that some actions and repairs need to be accomplished before this building can be Recertified in conformity with the minimum inspection procedural guidelines as issued by the Miami Dade County Board of Rules and Appeals. As a routine matter, in order to avoid possible misunderstanding, nothing in this report should be construed directly or indirectly as a guarantee for any portion of the structure. To the best of my knowledge and ability, the attached report represents an accurate appraisal of the present condition of the building based upon careful evaluation of observed conditions, to the extent reasonably possible. Sincerely, DOUGLAS WOOD ASSOCIATES, INC, Douglas Wood, P.E., SECB President P.E. #32092 WWW.DOUGLASWOOD.BIZ 5040 N.W.7TH STREET,SUITE 820,MIAMI,FLORIDA 33126,T:(305)461—3450 Pa AFFIRMATIVE ACTION/EQUAL OPPORTUNITY EMPLOYER age 1313 of 1751 Page 13 of E1 EB 6353 Building Department MI AM I 1700 Convention Center Drive,2d FL ` Miami Beach,Florida 33139 Telephone:305-673-7610 htto://www.miamibeachfl.gov/city-hall/building/ MINIMUM INSPECTION PROCEDURAL GUIDELINES FOR BUILDING RECERTIFICATION-STRUCTURAL INSPECTION MADE BY: Douglas Wood, P.E., INSPECTION COMMENCED &Fernando Martinez, E.I. Date:08/08/2018 SIGNATURE: INSPECTION COMPLETED PRINT NAME:Douglas Wood, P.E., SECB Date: 08/14/2018 Douglas Wood Associates TITLE: President ADDRESS: 5040 NW 7th St. Suite 820 Miami, Florida E-MAIL: dwood@douglaswood.biz 1. DESCRIPTION OF STRUCTURE a. Name on Title: Byron Carlyle Theater b.Street Address: 500 71 St. Miami Beach, Florida NORMANDY BEACH SOUTH PB 21-54, LOTS 1-2-11 & 12 BLK 14, LOT SIZE IRREGULAR, OR c. Legal Description: 19658-4990 0501 3 d.Owner's Name: City of Miami Beach 1700 Convention Center Drive, Property Management Office e.Owner's Mailing and E-Mail Addresses: Miami Beach, FL 33139-1819 f. Folio Number of Property on which Building is Located: 02-3211-002-1070 g. Building Code OccupancyClassification: A-1 (Motion Picture Theaters)and B (office). h. Present Use: Cinema theaters and office space. i. General Description: The building consists of two stories, two upper roofs, and five lower roofs(refer to Photograph No.1). The building is divided into two main areas(east and west sides). The east side is currently being used as a cinema theater(with occasional use as a venue for live music performance and religious services),and the west side was originally one cinema theater, but later divided into five cinema theaters. This western portion is currently unoccupied. The total floor area is approximately 28,300 sf.The building is generally constructed of masonry bearing walls with associated concrete tie beams and tie columns supporting the upper roofs(above theater spaces)_which are framed out of steeLdeck on structural steel joists. Lower roofs are mostly framed out of reinforced concrete slabs supported by masonry bearing walls(and •accnciaterl cnnrrete tie hem and tie cell'imnc),except at the nnrth façade(ahnve lnhhy of crrrrently active C:inema),with a portion consisting of steel deck on structural steel joists on structural steel beams and masonry bearing walls with supported by grade beams and piles. Elevated floor systems consist of reinforced concrete slabs. The elevated floor of remaining portions of the east cinema theater and the west cinema theaters consist of sloped reinforced concrete slabs . are below ground(i.e. restrooms near cinema lobby at east side and electrical room and adjacent areas). The floor - .8 .... -0 .• . .0- .-_ . •• - directly observed,deduced from illegible original plans), and walls are masonry with associated tie beams and tie columns. It is assumed that these underground walls are also supported by-grade be s on piles.Additionally,there is an underground concrete-framed tank near the electrical room. Page 11314 of 1751 Page 14 of 71 Revised March 2018 Building Department • 1700 Convention Center Drive,2"dFL MIAAAI Miami Beach,Florida 33139 Telephone:305-673-7610 http://www.miamibeachfl.gov/city-hall/building/ • j.Additions to original structure: 1)Elevated cold-formed steel-framed projection room and walkway were added to service the cinema theaters on the west , side of the building(see Photographs 2, 3, and 4). Structural steel-framed exit staircase(see Photographs No. 5 and 6)was constructed to provide direct access from this proiection room to the outside(south facade), 2) Stage for theater on the east side of the building. This stage consists of a prefabricated aluminum-framed platform (see Photographs 7 and 8) According to a label observed (see Photograph 84)_ it was manufactured by Wenger and is part of their versatile(i.e. removable) platform systems. The stage was raised in height(about 1 foot)with wood framing consisting ..of plywood panels supported by 2x4 wood plate/stud!lslePpers bearing acsPmbly(see CnNTINUE ON ATTAr-IFD SHEET 2. PRESENT CONDITION OF STRUCTURE a. General alignment(Note: good,fair, poor,explain ifsignificant) 1. Bulging Fair to good 2. Settlement No significant settlement of structural elements was observed. 3. Deflections No significant deflection of structural elements was observed. 4. Expansion No structurally significant thermal movements were observed. 5. Contraction Only the typical material shrinkage cracks were observed,and these are not structurally significant. ti b. Portion showing distress(Note, beams,columns,structural walls,floor,roofs, other) 1) Concrete column located in hallway adjacent to the underground restrooms(at the west side)is spalled at the base(refer to Photograph 12). 2) Concrete slab above the electrical room at the ground floor(at corner of room,towards South facade) in between the east and west sides of the buildings is spalled (see Photograph 13). 3) Exterior concrete beams at the north facade of the building are spalled at the bottom(see Photographs 14 and 15). 4) 2nd floor concrete slab in the south facade of the building (towards the center, above the men's restroom) has a large opening (about 9"in diameter) (refer to Photograph 16). Exposed reinforcement is observed at the perimeter of the opening 5)The structural steel supporting the theater sign(located at low roof near north CONTINUED ON ATTACHED SHEET c.Surface conditions—describe general conditions of finishes,noting cracking,spalling, peeling,signs of moisture penetration and stains. Surface conditions vary from poor to good. See notes in sections 5,6, 7, 8, 9, and 10. d. Cracks—note location in significant members.Identify crack size as HAIRLINE if barely discernible; FINE if less than 1 mm in width; MEDIUM if between 1 and 2 mm width;WIDE if over 2 mm. Numerous hairline to fine cracks in stucco, masonry, concrete and plaster as is usual for buildings of this type and age. DOUGLAS WOOD ASSOCIATES, INC, STRUCTURAL ENGINEERS WWW.DOUGLASWOOD.BIZ DOUGLAS WOOD, E.,i Et9;3 ReevissedMarch2olaSTREET,SUITE 820,MIAMI,FLORIDA 33126 Page 1315 of 1751 FL P.E. 32� T:(305)461-3450 EMAIL:INBOXQDOUGLASWOOD.BIZ I A f� /� IBEACBuilding Department f� /�I ` �/ 1700 Convention Center Drive,2' FL Miami Beach,Florida 33139 Telephone:305-673-7610 htto://www.mia mibeachfl.gov/city-hall/building/ e.General extent of deterioration—cracking or spalling of concrete or masonry,oxidation of metals; rot or borer attack in wood. Generally in fair condition, except as indicated in Sections 5, 6, 7, 8, 9, and 10. f. Previous patching or repairs No previous patching or repairs were observed. g. Nature of present loading indicates residential,commercial,other estimate magnitude. Theater and office for east portion of building. West portion of the building is currently unoccupied. Refer to section 1.1 for a discussion on the effect of the additional load from stage and aluminum-truss frame on the east cinema theater's floor structure. 3. INSPECTIONS a. Date of notice of required inspection Unknown b. Date(s)of actual inspection 08/09/2018, 08/13/2018,&08/15/2018 c. Name and qualifications of individual submitting report: Douglas Wood, P.E., SECB, President, Douglas Wood Associates d. Description of laboratory or other formal testing, if required, rather than manual or visual procedures N/A e. Structural repair-note appropriate line: 1. None required X 2. Required(describe and indicate acceptance) See"Summary of Work Required" in attached sheet. 4. SUPPORTING DATA a. This report(13 Pages) sheet written data b. Photographs Nos. 01 through 85 photographs c. None drawings or sketches DOUGLAS WOOD ASSOCIATES, INC. STRUCTURAL ENGINEERS W W W.DOUGLASWOOD.aIZ rt$iit9 Now, obi STREET,SUITE 820,MIAMI,FLORIDA 33126 Page 1316 of 1751 DOUGLAS WOODag FFAi3 T.(305)461-3450 EMAIL:INBOX@DOUGLASWOOD.BIZ FL P.E. 32092 In /\ BFl E Building Department /\/\! �/ 1700 Convention Center Drive,2nd FL Miami Beach, Florida 33139 Telephone:305-673-7610 http://www.miamibeachfl.gov/city-hall/building/ 5. MASONRY BEARING WALL= Indicate good,fair, poor on appropriate lines: a.Concrete masonry units Fair to good b. Clay tile or terra cotta units None observed c. Reinforced concrete tie columns Fair to good d. Reinforced concrete tie beams Fair to good e.Lintel Fair to good f. Other type bond beams Not directly observed g. Masonry finishes-exterior 1. Stucco Fair to poor(refer to section 2.b.13) 2. Veneer Fair 3. Paint only Fair to poor. 4. Other(describe) N/A h. Masonry finishes-interior 1. Vapor barrier None observed Fair to poor. Furring and plaster has deteriorated in some areas due to water intrusion, 2. Furring and plaster particularly in the west side of the building(refer to section 2.b.19). 3. Paneling Poor(see Photograph 39). 4. Paint only Fair to poor 5. Other(describe) N/A i.Cracks 1. Location—note beams,columns,other Numerous narrow cracks throughout the exterior façades but not structurally significant. 2. Description Narrow cracks, not structurally significant. j.Spalling 1. Location—note beams,columns,other Concrete spalling was not directly observed in the masonry bearing wall construction. Refer to section 8 for reinforced concrete spalling. 2. Description N/A k. Rebar corrosion-check appropriate line DOUCLAS WOOD ASSOCIATES, I IC. STRUCTURAL ENGINEERS Revised March 2018 WWW.DOUGLASWOOD.BIZ Page 1317 of 1751 DOUGLAS WOOD, P.EzIptsgs1371 5040 N.W.7TH STREET,SUITE 820,MIAMI,FLORIDA 33126 FL P.E. 32092 T:(305)461-3450 EMAIL:INBOX©DOUGLASWOOD.BIZ Building Department MI (�f 1700 ConventioB Center Drive, and FL Miami Beach,Florida 33139 Telephone:305-673-7610 http://www.miamibeachfl.gov/city-ha II/building/ X 1. None visible(Rebar corrosion was not directly observed in masonry bearing wall construction) 2. Minor-patching will suffice 3. Significant-but patching will suffice 4. Significant-structural repairs required I.Samples chipped out for examination in spall areas: X1. No 2. Yes—describe color,texture,aggregate,general quality 6. FLOOR AND ROOF SYSTEM • a.Roof 1. Describe(flat,slope,type roofing,type roof deck, condition) The building's two upper roofs have hip slope.They consist of steel deck on structural steel joists bearing on masonry walls (refer to Photographs 42-45). Lower roof between the theaters at... CONTINUED ON ATTACHED SHEET 2. Note water tanks,cooling towers,air conditioning equipment,signs,other heavy equipment and condition of support: The low roof at the east side of the building is supporting one condensing unit and four package AC units. Low roof between east and west portions of the building is supporting one package unit and has three abandoned roof curbs (covered with metal)that used to support mechanical units(see Photographs 60 and 61).Western upper roof is supporting three package units and several exhaust systems.All package units are supported on roof curbs. .... CONTINUED ON ATTACHED SHEET 3. Note types of drains and scuppers and condition: There are drains throughout the upper roofs with overflow scuppers around the perimeter curb(see Photographs 66 and 67) These drains are mostly located near the corners. Lower roofs also have drains with...CONTINUED ON ATTACHED SHEEP b. Floor system(s) 1. Describe(type of system framing,material,spans,condition) 1 he floor traming for the second floor consists of concrete slabs supported-by concrete beams or masonry walls. The elevated floor framing for the east theater consists of a stepped reinforced concrete slab supported by columns and masonry walls.The remaining portions of the east theater's floor consists of a sloped reinforced concrete slab supported by grade beams on piles(not directly observed, deduced from original plans). ... CONTINUED ON ATTACHED SHEET c.Inspection—note exposed areas available for inspection,and where it was found necessary to open ceilings,etc.for inspection of typical framing members. The upper roof steel joists were directly observed by removing ceiling tiles in a few locations of the east and west upper roof (height was reached with a lift). Lower roofs'concrete slabs were directly observed from below in many locations since most lacked ceiling finish (i.e. slab above projection room of the east theater, storage room towards northeast corner of the building. etc). Steel joists in lower roof at the second level in the north portion of ... CONTINUED ON ATTACHED SHEET 7.STEEL FRAMING SYSTEM a.Description The upper roofs and the low roof at the north facade are framed of structural steel joists supported by masonry walls and structural steel beams. Additionally,the theater sign along the north facade is being supported by a structural steel assembly above the lower roof at the second level(at north facade)and composed of structural steel beams, steel posts •11- '• • 1- •• 1. - .14 -- -• - - -G • - 1' • • '•1 •► . •\ 1 1 : ■ • ■ DOUGLAS WOOD ASSOCIATES, INC. STRUCTURAL ENGINEERS WWW.DOUGLASWOOD.BIZ Page 1318 of 1751 DOUGLAS WOOD, Pae SCE Revised M50440 N W.7TH STREET,SUITE 820,MIAMI,FLORIDA 33126 FL P.E. 32092 bb T:(305)461-3450 EMAIL:INBOX@DOUGLASWOOD,BIZ Building Department M A 1700 Convention Center Drive, and niBEAcHL Miami Beach,Florida 33139 '\/, 1\W\ VV Telephone:305-673-7610 htt.: www.miamibeachfl.:ov ci -hall buildin: b. Exposed Steel-describe condition of paint and degree of corrosion Structural steel assemb y at the second level (at the north facade)is exposed to the elements and mild y corroded (see Photosra•hs 18, 19, and 20 . Due to the corrosion, saint has,of course, deteriorated. c.Concrete or other fireproofing—note any cracking or spalling and note where any covering was removed for inspection No fireproofing was observed in the structural steel framing. d.Elevator sheave beams and connections,and machine floor beams—note condition: There is no elevator in this building. 8.CONCRETE FRAMING SYSTEM a. Full description of structural systemh the Generally,the concrete framing for this buildingconsistsmasonof tie beams,tie walls and concreteuand steel beamns, and ems that are suw•tolted b Mconc elevated reinforced concrete slabs su•sorted b ret- or eslab directly r ed b d)colnandEmasontl walls.gTheaof the east remainins ..eater is composed of a stepped CONTINUED ON ATTACHED SHEET concrete slab sus sorted b columns an b,Cracking X 1. Not significant 2. Location and description of members affected and type cracking c.General condition Except as discussed in Section 8.d, concrete appears to be in good condition. d. Rebar corrosion—check appropriate line 1. None visible 2. Location and description of members affected and type cracking 3. Significant but patching will suffice X 4. Significant—structural repairs required(describe) Refer to sections 2.b.1,2.b.2,2.b.3, and 2.b.5. e. t.a•� AVOE, INC- www.00umAswooD.elz 'age '1 A1+� ��, -; .. ._« FL P.E.32092 Revised March 2018 5040 N.W.7TH STREET,SUITE 820,MIAMI,FLORIDA 33126 T:(305)461-3450 EMAIL:INBOXQDOUGLASWOOD.BIZ A\IV\IMVy 1+ 1700 Convention Center Drive,2"d FL Miami Beach,Florida 33139 Telephone:305-673-7610 http://www.miamibeachfl.gov/citv-hall/building/ X1. No 2. Yes,describe color,texture,aggregate,general quality: 9.WINDOWS a.Type(Wood,steel,aluminum,jalousie,single hung,double hung,casement,awning, pivoted,fixed,other) Windows along north façade, including box office,are aluminum-framed fixed panel windows. Lobby entry doors along north facade are aluminum-framed glass doors. Entry doors along the northwest, south, east,..CONTINUED ON ATTACHED SHEET b.Anchorage-type and condition of fasteners and latches Not directly observed. c.Sealant—type of condition of perimeter sealant and at mullions: Fair to poor condition. Perimeter sealant is missing or has deteriorated...CONTINUE ON ATTACHED SHEET d. Interiors seals—type and condition at operable vents Not directly observed. e.General condition:The exterior metal door and frame near the south end of the east façade are corroded at the base due to water intrusion(see Photograph 76). Metal door at other locations are lightly corroded (see Photograph 77). 10. WOOD FRAMING a.Type—fully describe if mill construction, light construction, major spans,trusses: The steps to access the stage of the east theater from the seating area are constructed of wood framing (see Photograph 34). This wood framing consists of plywood panels supported by 2x4 horizontal... CONTINUED ON ATTACHED SHEET b.Note metal fitting i.e.,angles,plates,bolts,split pintles,other,and note condition: None directly observed. c.Joints—note if well fitted and still closed: Generally close fitted. d. Drainage—note accumulations of moisture N/A e.Ventilation—note any concealed spaces not ventilated: N/A f. Note any concealed spaces opened for inspection: Wood framing of staircase to access stage was observed by temporarily removing the fabric curtain that obstructed the view. The wood framing built up above the stage was observed from a few discrete locations where there were side openings due to being next to a step or ramp. DOUGLAS WOOD ASSOCIATES, INC. STRUCTURAL ENGINEERS WWW.DOUGLASWOOD.BIZ DOUGLAS WOOD, P.E.,SECB 5040 N,W.7TH STREET,SUITE 820,MIAMI,FLORIDA 33126 FL P.E.32092 T:(305)4613450 EMAIL:INBOX@DOUGLASWOOD.BIZ Page 1320 of 1751 Page 20 of 71 Revised March 2018 1.j ... Photograph 9). 3)An independent(not connected to the structure laterally)aluminum truss frame was installed above the stage to support lighting and other theater equipment(see Photographs 79 to 82). 4) Ramp and floors for dressing rooms in the backstage of the east cinema theater were constructed as an addition to the original floor system according to permit records dated 2003. 5)The steel structure supporting the exterior theater sign at the north side of the building appears to be an addition to the original structure(see Photographs 10 and 11). 6)Ticket box office appears to be an addition to the original structure(see Photograph 85). It is aluminum-framed with fixed glass windows and walls made out of a composite material. Structural Implications of Addition of Stage and Truss Frame in East Cinema Theater Stage:The addition of a stage to the east cinema theater represents a likely increase in loading to an area of the structure which was likely not designed for this higher load. The Building Code requires a design live load of 150 PSF for stages, but only 75 PSF for auditoriums with fixed seating. It is not clear to DWA what was the original design live load for the east cinema theater from the available documentation (original drawings are mostly illegible). However, it is likely that it was significantly less than the required 150 pounds per square feet(PSF)of today's Building Code. As part of the records that DWA uncovered from the Building Department,there were structural calculations from a 2003 renovation where a concrete infill slab was added to provide for the dressing room floors. These calculations considered a design live load of 50 PSF for the portion of the stage,which is only one-third of the current Building Code required design live load. It is important to note that,as indicated before,the stage structure is a versatile(i.e. removable) prefabricated aluminum-framed platform (see Photographs 7 and 8). DWA could not find Building Department records for the construction/installation of this stage system. According to the manufacturer,Wegner,the load rating for a similar system is 125 PSF,which is a little below the 150 PSF required by the current Building Code. Additionally,the wood framing used to raise the platform does not appear to have been engineered nor permitted,nor does it appear to be an approved addition to the Wegner aluminum-framed stage system. Unless permit records are retrieved, DWA advises that the existing floor structure is checked for the additional stage loading. This may turn into a difficult task given that the existing drawings are not legible and therefore sizes and locations of structural members are not clear. Additionally, if the existing floor structure can withstand the imposed loads,the stage platform and its added raised floor should be confirmed to be adequate or be replaced with one of appropriate height and load rating(150 PSF). DOUGLAS WOOD ASSOCIATES, INC. STRUCTURAL ENGINEERS WWW.DOUGLASWOOD.BIZ DOUGLAS WOOD, P.E.,SEGS 5040 N.W.7TH STREET,SUITE 820,MIAMI,FLORIDA 33126 FL P.E. 32092 T:(305)4614450 EMAIL:INBOX@DOUGLASWOOD.BIZ Page 1321 of 1751 Page 21 of 71 Aluminum Truss Frame:The truss frame that supports the lighting,and other theater equipment over the stage also represents significant additional load to the original floor structure that was likely not designed to resist this loading(see Photographs 79 to 81). These additional loads are of importance as the vertical loads from the frame are transferred to the floor structure through a limited area(base plate of the vertical member,see Photograph No.82),and hence they are considered point loads rather than distributed loads. These vertical loads may be bearing on grade beams not designed for these loads,or directly on the reinforced concrete slab,which was most likely not designed for these point loads. Unless permit records are retrieved, DWA advises that the existing floor structure is checked for the additional vertical loads from the aluminum truss frame. This may turn into a difficult task given that the existing drawings are not legible and therefore sizes and locations of structural members are not clear. 2.b 5) ...façade)is mildly corroded(see Photographs 18,19,and 20). 6)Rooftop A/C package units at western upper roof are mildly corroded(see Photographs 21 and 22). 7) The roofing systems over all upper roofs and lower roofs are old and in general need of maintenance(see photographs 23-27 and 57-59). 8)Efflorescence was observed below the low roof slab located above projection room of cinema theater in the eastern portion of the building through cracks in the slab(see Photograph 28). This is likely the consequence of roof leakage. This may have been a previous leak. 9)Drain of low roof at 2nd floor is missing protective cover. Debris could potentially clog the drain(see Photograph 70). 10)Access roof hatch located at the east low roof is mildly corroded (see Photograph 29). 11)There is a small gap between the exterior adjoining stone tile at the northeast corner that might allow moisture ingress and therefore potential deterioration of structure behind(see Photograph 30). 12)Wall at northwest corner is cracked(see Photograph 31). 13)Steps to access stage of east cinema theater from the seating area are constructed of wood framing(see Photograph 34).The vertical members of this wooden staircase are constructed so that they transfer the load to the bottom wood plates that are bearing directly on the theater's carpet(see Photograph 35). Some of the vertical members,however,are not connected to the bottom plate (see Photograph 36). The framing of steps lacks bracing(they are not connected to the stage structure),and the assembly is not anchored to the floor. DOUGLAS WOOD ASSOCIATES, INC. STRUCTURAL ENGINEERS DOUGLAS WOOD, P.E.,SECB WWW.DOUGLASWOOD.BIZ FL P.E. 3202 5040 N.W.7TH STREET,SUITE 820,MIAMI,FLORIDA 33126 age 22 of 71 T:(305)461-3450 EMAIL:INBOX@DOUGLASWOOD.BIZ Page 1322 of 1751 14)The main stage structure,a versatile(i.e. removable) prefabricated aluminum-framed platform (see Photographs 7 and 8), has some legs that are bent or crooked (see Photograph 78), • 15) In an area towards the front of the stage of the east cinema theater, loose C.M.U.and what appears to be a car jack are supporting the versatile(i.e.removable) prefabricated aluminum- framed platform (see Photograph 83). It is unclear why this extra support is needed at this location. 16) Existing wooden guardrail next to the access ramp in the northwest corner of the stage is loose(see Photograph 37). Existing metal railing at the northwest corner of the stage area (at the exit ramp to the dressing rooms) is also loose(see Photograph 38). 17)Cables providing lateral stability to the north facade's theater sign are loose(see Photograph 11). 18)There were moisture stains in at least a couple of locations of the ceiling of the first-floor office area(towards the north façade)(see Photograph 40). This may be related to water intrusion from the low roof at the north facade. DWA,however, inspected the underside of the roof structure at this location and did not find signs of significant structural deterioration (see Photograph 41). 19) Air conditioning unit in 2nd floor room at south end of the building, in between the east and west theaters, lacks exterior cover(see Photograph 17). This can potentially allow water intrusion and accelerate deterioration of adjacent concrete members(i.e. concrete spalling and corrosion). 6.a ...the east and west portions of the building(see Photograph 46)consists of a"flat" (with roofing sloped to floor drains) reinforced concrete slab supported by concrete beams,columns,and masonry walls(see Photograph 47). Lower roof at the second level in the north portion of the building is"flat" (with roofing sloped to roof drains)(refer to Photograph 48) and consists of steel deck on structural steel joists bearing on steel beams&concrete tie beams/masonry walls(see Photographs 49 and 50). Lower roof at northeast corner of the building and adjacent lower roof above hallway are"flat"(see Photograph 51)and consist of a reinforced concrete slab supported by masonry walls(see Photograph 52). Lower roof in the east side of the building(supporting mechanical equipment) is"flat" (with roofing sloped to drains) (see Photograph 53)and consists of a reinforced concrete slab bearing on concrete tie beams/masonry walls (see Photograph 54). Finally,the lower roof at the 2'level towards the south façade(in between the east and west portions of the building)is flat(with roofing sloped to floor drain) (see Photograph 55)and consists of a reinforced concrete slab supported by concrete tie beams/masonry walls(see Photograph 56). The roofing over the two upper roofs and five lower roofs consists of built-up roofing systems. The roofing systems over all upper roofs and lower roofs are old and in need of maintenance(see photographs 23-27 and 57-59). No active water leaks were observed. DOUGLAS WOOD ASSOCIATES, INC. STRUCTURAL ENGINEERS WWW.D000LASW000.BIZ DOUGLAS WOOD, P.E.,SECB 5040 N.W.7TH STREET,SUITE 820,MIAMI,FLORIDA 33126 Page 1323 of 1751 FL P.E. 32092 Page 23 of 71 T:(305)461-3450 EMAIL:INBOX@DOUGLASWOOD.BIZ However, it appears that the concrete slab of the lower roof at the east side of the building has developed efflorescence through fine cracks as a result of moisture intrusion(see Photograph 54). This is likely due to wearing of the roofing,which has allowed moisture to penetrate the slab. 6.a.2 ...Condensing unit in lower roof at the east side of the building is supported on metal stands. One of the package units in the lower roof at the east side is being supported on a roof curb that is bigger than the unit(see Photograph 62). Several package units are not connected to their roof curbs,especially in the western upper roof and the lower roof between the east and west portions of the building(see Photographs 63,64,and 65), Some units are missing enclosure panels(see Photographs 63 &64). 6.a.3 ...overflow scuppers(see photographs 68,69,and 70),except the lower roof at the second level in the north portion of the building,where there are only drains but no overflow scuppers(see Photographs 71 and 72). It is important to note that this low roof has an exterior opening on the inside (see Photograph 73)which would facilitate overflow drainage. 6.b.1 ....The floor framing of the west theaters consists of a sloped reinforced concrete slab supported by grade beams on piles(not directly observed,deduced from original plans). Remaining portions of the first floor consist of a reinforced concrete slab on ground spanning to grade beams and piles(not directly observed,deduced from original plans). Underground floors are assumed to be reinforced concrete slabs bearing on ground and grade beams and supported by piles. 6.c ...the building were observed by removing ceiling tiles in a few locations.The reinforced concrete slabs of the second floor were observed directly from below at several locations(i.e.electrical rooms and restrooms,etc.)and by removing ceiling tiles in a few locations.Stepped, reinforced concrete slab for the elevated seating area of the east theater was observed by removing ceiling tiles in the underground restrooms'ceilings. { 7.a ... room and walkway added to service the cinema theaters on the west side of the building are framed out of cold-formed steel. This area has a structural steel-framed exit staircase. 8.a ... portions of the east theater's floor consist of a sloped reinforced concrete slab supported by grade beams on piles(not directly observed,deduced from illegible original plans). Seating area of the west theater is composed of a sloped reinforced concrete slab supported by grade beams on piles(not directly observed,deduced from illegible original plans). It is assumed that floor systems of the underground level consist of a reinforced concrete slab-on-ground supported by grade beams on piles. Walls are masonry with associated tie beams and tie columns, and are assumed to be supported by grade beams on piles. Additionally,there is a concrete-framed tank below the basement level, near the electrical room. 9.a ... and west facades consist of metal doors with metal frames. DOUGLAS WOOD ASSOCIATES, INC. STRUCTURAL ENGINEERS DOUGLAS WOOD, P.E.,SECB www.Douou►SwooD.slz FL P.E. 320923age 24 of 71 5040 N.W.7TH STREET,SUITE 820,MIAMI,FLORIDA 33126 Page 1324 of 1751 T:(305)461-3450 EMAIL:INBOX@DOUGLASWOOD.BIZ 9.c ... at some locations of the windows along the north storefront(see Photograph 74).Additionally, a pair of storefront doors at the north facade have a considerable gap between them (see Photographs 75). 10.a ... and vertical members.The vertical members of this wooden staircase are constructed so that they transfer the load to the bottom wood plates that are bearing directly on the theater's carpet (see Photograph 35). The framing of steps lacks bracing,and the assembly is not anchored to the floor. Additionally,the aluminum-framed stage structure was raised in height with wood framing consisting of plywood panels supported by 2x4 wood plate/studs/sleepers bearing assembly(see Photograph 9). Summary of Work Required 1) Review structural implications from additional loading of the stage and aluminum truss frame on the east cinema theater's floor system (discussed in Section 1,j) and proceed accordingly. 2) Repair spall in concrete column located in hallway adjacent to the underground restrooms (at the west side) (refer to Section 2.b.1). 3) Repair spall in concrete slab above electrical room at the ground floor(refer to Section 2.b.2). 4) Repair spalled exterior concrete beams(refer to Section 2.b.3). 5) Reduce opening size in concrete slab above first floor men's restrooms(refer to Section 2.b.4) by drilling and setting dowels in epoxy and casting grout or concrete. Repair any existing cracks perpendicular to the opening. 6) Clean and remove all corrosion from structural steel supporting the theater sign(refer to Section 2.b.5).Afterwards,coat the steel with a corrosion inhibiting paint system. 7) If western upper roof A/C units will not be replaced,clean and remove all corrosion and coat with a corrosion-inhibiting paint system (refer to Section 2.b.6). 8) Provide maintenance to the roofing systems of the upper and lower roofs(refer to Section 2.b.7). 9) Remove efflorescence stains in concrete slab above projection room of cinema in eastern portion of the building and repair cracks(refer to Section 2.b.8). 10) Place protective cover on top of drain in low roof at the 2nd floor to avoid debris intrusion (refer to Section 2.b.9) 11) Clean and remove all corrosion from steel access hatch at the east low roof and coat with a corrosion inhibiting paint system(refer to Section 2.b.10). 12) Seal gap between the exterior tile at the northeast corner of the building to prevent moisture intrusion (refer to Section 2.b.11). 13) Repair cracks in concrete wall at the northwest corner of the building(refer to Section 2.b.12). 14) Wood-framed steps to access stage needs to be modified so that the wood framing bears directly on the reinforced concrete slab and not on the carpet. Provide lateral bracing to DOUGLAS WOOD ASSOCIATES, INC. STRUCTURAL ENGINEERS DOUGLAS WOOD, P.E., SECB WWN.D000LASWOOD.Blz 5040 N.W.7TH STREET,SUITE 520,MIAMI,FLORIDA 33126 FL P.E. 32092Page 25 of 71 T:(305)461-3450 EMAIL:INBOX@DOUGLASWOOD.BIZ Page 1325 of 1751 steps(i.e. by connecting them to stage framing) (refer to Section 2.b.13). All vertical wood members must be fastened to the bottom wood plates. 15) Review all legs of the aluminum-framed,prefabricated stage platform system,to verify they are not bent or crooked (refer to Section 2.b.14). If bent or crooked,adjust leg appropriately. 16) Reason for extra support of stage platform at loose C.M.U.supports must be investigated (refer to Section 2.b.15). Appropriate supports should then be provided accordingly. 17) Reconstruct or modify wood guard rail next to the access ramp in the northwest corner of the stage(refer to Section 2.b.16)so that is stable. 18) Review attachments of metal railing at the northwest corner of the stage area (refer to Section 2.b.16)and adjust as appropriate so that it is stable. 19) Tighten cables that provide lateral stability to the north façade's theater sign (refer to Section 2.b.17). 20) Stand-mounted condensing unit in lower roof at the east side is missing a clip connector(at a corner)to the aluminum-framed stand(see Photograph 32). 21) Connect rooftop package unit in the lower roof between the east and west portions of the building(see Photograph 65)and three rooftop package units in the western upper roof(see Photographs 63 and 64)to the supporting curbs (refer to Section 6.a.2). Seal openings at missing enclosure panel locations with properly fastened sheet metal. 22) Review all metal doors and frames and clean to remove corrosion products(refer to section 9.e). Afterwards,coat with a corrosion inhibiting paint system. 23) Provide exterior cover to air conditioning unit in 2"d floor room at south end of the building, in between the east and west theaters,to prevent moisture intrusion(refer to Section 2.b.19.) Additional Note: Based on our visual observations,verbal reports from the current building manager and the writer's personal experience,the below-grade areas of the building (restrooms,electrical room and adjacent rooms at the east end of the building and the low points of the west cinema theaters)regularly flood around high tides during the cycle of king tides. Over time,this saline water intrusion can potentially accelerate deterioration of the concrete structure in these areas(i.e.spalling an corrosion of reinforcement). While this condition does not present an immediate significant structural safety issue,this condition does present current safety issues(particularly relative to electrical systems)and potential health issues. • DOUGLAS WOOD ASSOCIATES, INC. STRUCTURAL ENGINEERS WWW.DOUGLASWOOD.BIZ DOUGLAS WOOD, P.E., SECB 5040 N.W.7TH STREET,SUITE 820.MIAMI,FLORIDA 33126 FL P.E. 32092 T:(305)461-3450 EMAIL:INBOX@DOUGLASWOOD.BIZ Page 26 of 71 Page 1326 of 1751 :- rPCI{4 CA A t '�l hter. Photograph No. 1 - Overall Photograph of the Building • Photograph No. 2- Walkway to Elevated Projection Room for West Cinema Theaters Page 27 of 71 Page 1327 of 1751 s a l , 111 Photograph No. 3 - Projection Room for West Cinema Theaters ip I l s P / r / ' M I • Photograph No. 4—Floor framing of Projection Room for West Cinema Theaters Page 28 of 71 Page 1328 of 1751 ,•b. '.Z Photograph No. 5—Steel-framed Exit Staircase for Projection Room of West Cinema Theaters 4 Photograph No. 6—Steel-framed Exit Staircase for Projection Room of West Cinema Theaters Page 29 of 71 Page 1329 of 1751 • •'!dam`' 1 . it,IN1 .I \ IRSi M _ 11111111 i.,' '\ I \ 1 A ' • 1 • ` I I I r'. 1 f .. w1 Photograph No. 7 - Aluminum-framed Stage Platform for East Cinema Theater e. 114* . , \ 1: '',, , -. . \ \ :1." \. \ \ ' 1 Photograph No. 8-Aluminum-framed Stage Platform for East Cinema Theater Page 1330 of 1751 Page 30 of 71 limn _ CA r 1. Photograph No. 9- Built-up Wood Framing over Stage Platform for East Cinema Theater i .... -co. - , + - .. -, --- - ti..int l k Photograph No. 10-Structural Steel supporting Theater Sign at North Facade Page 31 of 71 Page 1331 of 1751 11111160 0 r • Photograph No. 11-Theater Sign at North Facade 1 Photograph No. 12—Spalled Concrete Column at Underground Hall Page 32 of 71 Page 1332 of 1751 `'' ,, ,,,, r.Th .„ . . , , , . ., ., 4,, r 1 tiiiiik . . . Photograph No. 13 —Spalled Concrete Slab above Electrical Room at Ground Floor i I.A. Photograph No. 14 —Spalled Exterior Concrete Beam at North Facade Page 33 of 71 Page 1333 of 1751 / ettliLN , ,, ►- _ M i ; - - • 1r ' w a - -t' •}.'f Photograph No. 15 —Spoiled Exterior Concrete Beam at North Facade Mq' 1 -• . .`.n. `1 0 0 H -:, %.1160.‘:, Photograph No. 16—Opening in Slab above Men's Restroom (near South Facade) Page 34 of 71 Page 1334 of 1751 Photograph No. 17—Uncovered Air Conditioning Unit in 2nd floor Room at the South End of Building(Between east and West Theaters). tr -ay I ar�- „ .‘�.. -0 - - Photograph No. 18 —Corroded Structural Steel Supporting Theater Sign Page 1335 of 1751 Page 35 of 71 • • Photograph No. 19—Corroded Structural Steel Supporting Theater Sign : r f' < , sem < • �T ; f sfi •rte ' r Vii' Photograph No. 20—Corroded Structural Steel Supporting Theater Sign Page 36 of 71 Page 1336 of 1751 i dii • .. ,- c = ft �'c�.M ..7'-"••• , i I.i . v. . _ ,,..... r,..._ .__- - I. -- J , st,T I. om'. • _......›.' .............:•-‹...,•••'' . . 'AA. '' • ' ' Photograph No. 21 - Rooftop Package Unit at Western Upper Roof +t 4000 ' " . •. t' ---" _ { ,�. {id, A. • ,^" -r T. • i, y1 r $ r..latelr '_ t �i.fi5 .1.:!....ea TWIN. ++f�.. .*iz R Photograph No. 22 - Rooftop Package Unit at Western Upper Roof Page 37 of 71 Page 1337 of 1751 ..-° 1. .; St _ .off T .',E J L. ._ r ` f.•.:'' Mi, •, ` d ,•,°•;:,, ! .._.. ,.i. kit Ilik . e it':: ,..',--4#0 .r ._ r ........... Photograph No. 23–Deteriorated roofing at Eastern Lower Roof --....,. ..6.://40.- 7;t V —*- . ‘- ItfrT - r i 1 lir , 4. : .` i 1.11",,, .1 -0 , _ . , . r. - . - - t. ♦7 r i y A i 4 Photograph No. 24– Deteriorated roofing at Lower Roof at the 2nd Floor towards South Facade Page 38 of 71 Page 1338 of 1751 -7 - `-- _ . 11511 1 _}k / Photograph No. 25—Deteriorated roofing at Western Upper Roof • 1"'st' r t, +s 1 Photograph No. 26— Deteriorated roofing at Western Upper Roof Page 39 of 71 Page 1339 of 1751 , L1 Or—gli, 4 . -r- ' :i i 1 gum. Photograph No. 27—Deteriorated roofing at Western Upper Roof t ii I ?Ill , , \ • f , I i I `4 Photograph No. 28—Efflorescence in Concrete Slab above Projection Room (East Side) Page 1340 of 1751 Page 40 of 71 1 t II 1 r" 7 MIJ I Photograph No. 29—Roof Access Hatch (Lower Roof at East Side) ?S"pi t j t �1 r, •c` ` '''4.7'ti0d �` err R v -ww t l r A - ty • �0.1 _..t. A. ;'4; :.'41 s,i Photograph No. 30 —Gap at Exterior Tile at Northeast Corner Page 1341 of 1751 Page 41 of 71 y Photograph No. 31 t9 q A! .00 00* 4 Y �{ •A Photograph No. 32—Stand-mounted AC unit at Lower Roof at East Side Page 42 of 71 Page 1342 of 1751 : loll Ji r / ( ' ''.X r`= *c$% Photograph No. 33— Rooftop Package Unit at Lower Roof between East and West Portions OP , 1 JO Photograph No. 34—Wood-framed staircase(East Cinema Theater) Page 43 of 71 Page 1343 of 1751 witasaigamassiosiMMIMMIllr i I t 1 k . tt, I I0 Ofr Photograph No. 35—Wood-framed staircase(East Cinema Theater) r% Photograph No. 36—Gap between vertical member and bottom plate Page 44 of 71 Page 1344 of 1751 a. `. Photograph No. 37—Loose Wooden Guardrail at East Cinema Theater Vit 1111 \ Photograph No. 38—Loose Metal Guardrail at East Cinema Theater Page 45 of 71 Page 1345 of 1751 T i al f i - i , , il ' - ' ,i 1 i r` Firs ., :: 1 -'''. ' ,._ ,.,... 7,, , if,. ,, ' , • 4_ Photograph No. 39—Deteriorated Interior Wood Paneling in 2nd floor Room at the South End of Building (Between east and West Theaters). \ ` i -- 1 ate-`- _.._ ,,,_. \ _ LP Photograph No. 40—Stained Ceiling Tiles at Ceiling of First Level Page 46 of 71 Page 1346 of 1751 i a , 1 f � f Photograph No. 41—Underside of roof structure of Low Roof at North Facade 171 i _ 11 . - • IIS - irr iliz: i 1 1 . Fr-1 1-,i 7-1 --'415;11:1 -- 1 • - u• kw 3 . s iialalleNILT„.. , • '131"1111111r: - t'-'-- yam- --... Aniglial.W' . iip,sii Photograph No. 42— Upper Roof of East Cinema Theater Page 47 of 71 Page 1347 of 1751 . - ♦4. Photograph No. 43—Upper Roof of West Cinema Theater t Photograph No.44 — Underside of East Upper Roof Structure Page 48 of 71 Page 1348 of 1751 +w I • Photograph No. 45—Underside of East Upper Roof Structure i Io Y • • • 0 Photograph No. 46— Lower roof between the East and West Portions of Building Page 49 of 71 Page 1349 of 1751 f // -a Photograph No. 47—Underside of Lower roof between the East and West Portions .411160 ..-,— - - r s - -i - _. a �..„. r-, :•' $ r f y 4.,_ s ftei, 1 - - 0 u. *Ie. Photograph No. 48—Low Roof at Second Level in North Portion of Building Page 50 of 71 Page 1350 of 1751 4..1 , . 7 4. Photograph No. 49 — Underside of Low Roof at Second Level in North Portion of Building Photograph No. 50 — Underside of Low Roof at Second Level in North Portion of Building Page 51 of 71 Page 1351 of 1751 u .por 1!,C a it' -- F EIS i Tl y y} :E . PM flall • L { 1 4, _ •' 4 • •` / - '4.11t-.\ PhotographNo. 51 — Low Roof at Northeast Corner of Building and Adjacent Hallway ' ilk i ialat Y, Photograph No. 52 — Underside of Low Roof at Northeast Corner of Building Page 52 of 71 Page 1352 of 1751 • r AIM 0 s 1 \ ,. '41 1. ' Photograph No. 53 —Low Roof at East Side of Building r li y0111W4- .,0 LA ut li Photograph No. 54 —Underside of Low Roof at East Side of Building Page 53 of 71 Page 1353 of 1751 ^AtS� ‘I. '• r U .. '. py p f• III 4- _ m , 4111 ;4 : Y ` t a le O x . �. Photograph No. 55 — Low Roof at East Side of Building 1 • i • y ; 4 QYti'. f Photograph No. 56 —Underside of Low Roof at East Side of Building Page 54 of 71 Page 1354 of 1751 y . w. 1 , ? .. .., ... t r �ti�f' ._ : rill r. ) ii. N. $ , • /‘101I Photograph No. 57- Upper roof at west side of the building - ,.. 0 1 lilt.. _. A 44 . a, lit... - 4182 4 114(.... 0.- e • e Photograph No. 58-Lower roof at east side of the building Page 1355 of 1751 Page 55 of 71 3 f c: 't I • ( 1- 111166. Photograph No. 59—Lower roof at east side of the building Plik s t y Rife-'°41 Ao. k 4,..— 1 ' -Air , ,.., Photograph No. 60—Covered Opening at Low Roof between East and West Page 1356 of 1751 Page 56 of 71 lb_ i Ai IA ` A1, _i __pi. .. .„. ...._..,,,..,_ ,. . _ ,. , ........ . . ...._ . ,. ., Photograph No. 61—Covered Opening at Low Roof between East and West r y t' 1 plI Photograph No. 62—Condensing Unit Supported on Larger Roof Curb at Low Roof at East Side Page 1357 of 1751 Page 57 of 71 Oil lit 1 Imp . \i„._ t. - }-mss •j ) . fq; . • .. -..';141 Photograph No. 63— Package unit Unconnected to Roof Curb at Western Upper Roof ,.; i r I 1 „' �Y eirite !, i �'`, Ikt 3 1 1 Xill.....a' \ - -- s . -. -:;Viiir iLt ii), tE Photograph No. 64 — Package unit Unconnected to Roof Curb at Western Upper Roof Page 58 of 71 Page 1358 of 1751 r 1 ti \ %%Aft:. 1 ,i 400!010111pr,,'''''' .• 1 A ik , ., Photograph No. 65 — Package Unit Unconnected to Roof Curb at Low Roof between East and West Portions :• • •• • • r g . 1 Iowa ilik .• ii • .11 it .r.....7.... :. .. II I I •• • • ----7.— - •• ' 00100.111.1 - 14 III Eill - z.r — " ' , -0 roves..•. „ aa .fir Photograph No. 66—Westside upper roof Page 59 of 71 Page 1359 of 1751 • . �- -- '"r ralge Aslow Photograph No. 67-Eastside upper roof glow • 1 J ?. r ;- P 6.' 4.11 "...W.' Photograph No. 68-Low roof at east side of building Page 1360 of 1751 Page 60 of 71 Photograph No. 69— Low roof between east and west sides of the building •1NL WNW Thi 4(1700.-- r s IN,. •• • Photograph No. 70 —Low roof at the second floor Page 61 of 71 Page 1361 of 1751 I' e ti`1`.ftr. , _ NNNicle4 •ms's i'LAar 0. .agiseigtir.L .100:te , ;• r % r T , 4 I Photograph No. 71—Low roof at the second floor(north) , .. - '�. Ilic Photograph No. 72—Low roof at the second floor(north) Page 1362 of 1751 Page 62 of 71 irk t ? inifrais �� xr 4, rrr. .,�,,,- ittaik n ttiii _ 1.14E • . ri -'-,..i.,-:-,,-.,"*...:...;-., ..�`¢rF . .. r r Y ;.41-0.00_,..-.'-..';'"?':.v', '--'.1'-.._.;" p, s: -;:,..;.,;$,...,i..- '- Photograph No. 73 -Low roof at the second floor(north) 1111111 Photograph No. 74-Missing Sealant at Corner of Fixed Window of North Facade Page 63 of 71 Page 1363 of 1751 a. ., ,..... ,.�.. 1 1 __'---._. — 1 / r ... — -- 5 _ -- 1 1 I I 0 ' \ ;I% — i ' • 1 t s 1 i • •i • • Photograph No. 75-Considerable Gab between Pair of North Facade Doors 1 Photograph No. 76 -Corroded Exterior Door at Underground Electrical Room Page 64 of 71 Page 1364 of 1751 Photograph No. 77 —Lightly Corroded Exterior Door at Steel-framed Exit Staircase for Projection Room of West Cinema Theaters 'S . „1 Photograph No. 78 — Crooked Leg of Stage's Aluminum-framed Platform Page 65 of 71 Page 1365 of 1751 i 1 Ikk • Photograph No. 79 - Aluminum Truss Frame for Lighting Support N ,tti Photograph No. 80 - Aluminum Truss Frame for Lighting Support Page 66 of 71 Page 1366 of 1751 art ; kl Photograph No. 81 — Aluminum Truss Frame for Lighting Support • lir 41. �' I IV : y p Photograph No. 82 — Aluminum Truss Frame Base Plate Page 67 of 71 Page 1367 of 1751 ,Alliiiiiiiir ,. . 111 0 Photograph No. 83 - Loose C.M.U. blocks Supporting East Cinema Theater Platform Immo ii,.. run.. U1.6.11 . 7.7.1. ......... .ftillii-* ow ismos I �. .. . Versants' ....Ws Versants' Platform Systmas I .'....1MOw......,.. Operating Instructions "-c- _ _}'�/ T.iM U.'Wenn SKIM. ACAUT,OM pa .....-_...r.-...r. ____ _ P -- ..\\. ..':-....'.:.-.:.-...-7--:- -,:i`- - _ w o..r�aim WM 40...• •.1%, it, mil ,, .. .r.......„..., .._ .. _. ..' .__ 'rr _ .f *b rti1 Ile- 114. 3 V r. Photograph No. 84 - Stage Versatile Platform System Label-East Cinema Theater Page 68 of 71 Page 1368 of 1751 1111 • Photograph No. 85 — Ticket Box Office at North Facade Page 69 of 71 Page 1369 of 1751 LTC: Byron Carlyle Condition Update Exhibit "D" 0 Cinema and Condemned Area Diagram Page 1370 of 1751 Page 70 of 71 City of Miami Beach r4-1 3,995.6 SOFT 28.3% O Cinema r1 10,641.4 SOF 1 12.1% Common Area —I 3.345.0 QF T • 17,988.0 SCS:- Condemned Area 10,012.0 SOFT - - — rill — 1 11 -1 ' , r , !lII�411i P ......E ...cam..._..tow.. r.riOO& i I!I it?: Akit _ - VP I ,l , - " r:it'i 0 , u , fr-":1774z .... ...._....._ =Nage 1371 of 175` `-" .,...Page 71 of 71 "�• b..l a lei illiM_ 1L( ENGINEERING FOR ARCHITECTURE Electrical 50-Year Recertification Report Name: Byron Carlyle Theater Location: 500 71st St. Miami Beach, FL 33141-3018 Folio No: 02-3211-002-1070 Case No: Not Applicable Date of Inspection: August 22,2018 Present Use: Cinema/Theater QUALIFICATIONS: This Fifty(50) year Electrical Recertification site inspections and associated report were the work of TLC Engineering for Architecture South Florida Operations(Miami Office)under the direction of Ralph Baeza, PE, who is a Senior Electrical Engineer of the firm and a registered Professional Engineer in the State of Florida with the license no. 42641. GENERAL DESCRIPTION: The existing building is a two (2) story flat roof structure. GENERAL PROCEDURE: This inspection began at the exterior. It continued through the interior. The condition of the electrical distribution equipment, at the electrical/mechanical room and other areas inside the building where other panel boards are located were visually observed. The different visible electrical components such as lighting fixtures, wiring devices, safety switches and exposed conduit runs were observed throughout the whole building. Refer to the"MINIMUM INSPECTION PROCEDURAL GUIDELINES FOR BUILDING'S ELECTRICAL RECERTIFICATION"per Code of Miami-Dade County, Sec 8-11,Ordinance no. 01- 112 for additional information. LIMITATIONS: 1. No concealed spaces were exposed to view. 2. No instrumentation tests were performed. TLC ENGINEERING FOR ARCHITECTURE, INC. 5757 Blue Lagoon Drinaulitg1,9.0mi, FL 33126-2078 Phone 305.266.6553 www. c-engineers.com Fax 305.266.6695 3. No attempt was made to confirm or verify the original electrical design or to perform an exhaustive analysis of the electrical system. 4. As a routine matter, in order to avoid possible misunderstandings, nothing in this report should be construed as directly or indirectly as a guarantee of any portion of the electrical system. To the best of my knowledge and ability,this report represents an accurate appraisal of the present condition at this date of the building based upon evaluation of observed condition to an extent reasonably possible. DEFICIENCIES: 1. Visual observations of water damage to the electrical service 2-section panelboard assembly was observed in the main electrical room;the panelboard assembly is showing signs of corrosion. Refer to photo no. 1 of the document entitled"Byron Carlyle Theater Photographs". 2. Visual observations of water damage to conduit penetrations into the floor were observed in the main electrical room. There is a possibility that wiring located in these conduits may have been exposed to water intrusion and may be compromised. Refer to photo no. 2 of the document entitled"Byron Carlyle Theater Photographs". 3. Wooden pallets were observed on the floor of the main electrical room. It is TLC's understanding that the main electrical room is situated below the base flood elevation and that the pallets are for personnel to walk on when standing water is located within the room. This condition presents a safety hazard. Refer to photos no. 3 and 4 of the document entitled"Byron Carlyle Theater Photographs". 4. Some electrical equipment are showing signs of corrosion and need replacement. Refer to photos no. 5 and 6 of the document entitled"Byron Carlyle Theater Photographs". 5. Some electrical panelboards contain manufacturer labels by Frank Adam and are outdated and obsolete. 6. Countertop millwork located in front of panelboards 1LR2 and 1LR3 were observed; this condition is in violation of the National Electrical Code(NEC, 2014 edition), section 110.26 for required working clearances in front of electrical equipment. 7. A grounding electrode conductor connection observed in the main electrical room appears to show signs of corrosion. This condition might be a result of possible water damage experienced in the main electrical room. Refer to photo no. 7 of the document entitled"Byron Carlyle Theater Photographs". 8. Some emergency lighting fixtures do not appear to be working as intended. The replacement and addition of emergency lighting fixtures for life safety and path of egress is required. 9. The existing fire alarm system needs to be updated/replaced with voice communication for the type of occupancy classification. Refer to photo no. 8 of the document entitled"Byron Carlyle Theater Photographs". 10. New location of main electrical room and associated power distribution equipment situated above the base flood elevation is necessary. 11. The outdated and obsolete electrical equipment are recommended to be replaced with new. We anticipate that the costs of completing the necessary electrical repairs will be approximately $562,000. TLC recommends that these corrective actions are reviewed by an electrical contractor and a professional estimator for a more accurate cost estimate. Page 1373 of 1751 1L( ENGNEEINING Please do not hesitate to call me if you have any questions and/or comments. Sincerely, N Digitally signed by Ralph Baeza No, DN: OID.0.9.2342.19200300.100.1.1=A0109800000015385B7B1D70000D0A0, CN=Ralph Baeze.OU=TLC ENGINEERING FOR ARCHITECURE INC.. O=TLC ENGINEERING FOR ARCHITECURE INC.,C=US STATE of w`Reason:I am approving this document C 1 4/: Date'.2018.09.04 18:03:08-04'00' TLC Engineering for Architecture Dr. Ralph Baeza, PE Senior Electrical Engineer Page 1374 of 1751 1L( ENOINU IN6 a U 0 0 — September 10, 2018 U) Building Official J d City of Miami Beach 0 Building Department a U) 1700 Convention Drive 0 (I) Miami Beach, FL 33139 0 Q STRUCTURAL ENGINEERS Reference: 50-Year Recertification Byron Carlyle Theater 500 71 St., Miami Beach, Florida Folio 02-3211-002-1070 Dear Building Official: Our recertification report for the above referenced building located at 500 71 St. is attached. We have determined that some actions and repairs need to be accomplished before this building can be Recertified in conformity with the minimum inspection procedural guidelines as issued by the Miami Dade County Board of Rules and Appeals. As a routine matter, in order to avoid possible misunderstanding, nothing in this report should be construed directly or indirectly as a guarantee for any portion of the structure. To the best of my knowledge and ability, the attached report represents an accurate appraisal of the present condition of the building based upon careful evaluation of observed conditions, to the extent reasonably possible. Sincerely, DOUGLAS WOOD ASSOCIATES, INC. Douglas Wood, P.E., SECB President P.E. #32092 WWW.DOUGLASWOOD..BIZ 5040 N.W.7TH STREET,SUITE_82g.QM!LMI, 0 .B1/03126,T:(305)461-3450 AFFIRMATIVE ACTION/EQUAL OPPORTUNITY EMPLOYER EB 6353 M I AM I B EACHBuilding Department 1700 Convention Center Drive, 2nd FL Miami Beach, Florida 33139 Telephone: 305-673-7610 http://www.miamibeachfl.gov/city-hall/building/ MINIMUM INSPECTION PROCEDURAL GUIDELINES FOR BUILDING RECERTIFICATION -STRUCTURAL INSPECTION COMMENCED INSPECTION MADE BY: Douglas Wood, P.E., Date: 08/08/2018 &Fernando Martinez, E.I. SIGNATURE: INSPECTION COMPLETED Date: 08/14/2018 PRINT NAME: Douglas Wood, P.E., SECB Douglas Wood Associates TITLE: President ADDRESS: 5040 NW 7th St. Suite 820 Miami, Florida E-MAIL: dwood@douglaswood.biz 1. DESCRIPTION OF STRUCTURE a. Name on Title: Byron Carlyle Theater b. Street Address: 500 71 St. Miami Beach, Florida c. Legal Description: NORMANDY BEACH SOUTH PB 21-54, LOTS 1-2-11 & 12 BLK 14, LOT SIZE IRREGULAR, OR 19658-4990 0501 3 d. Owner's Name: City of Miami Beach e. Owner's Mailing and E-Mail Addresses: 1700 Convention Center Drive, Property Management Office Miami Beach, FL 33139-1819 f. Folio Number of Property on which Building is Located: 02-3211-002-1070 g. Building Code OccupancyClassification: A-1 (Motion Picture Theaters) and B (office). h. Present Use: Cinema theaters and office space. i. General Description: The building consists of two stories, two upper roofs, and five lower roofs (refer to Photograph No.1). The building is divided into two main areas (east and west sides). The east side is currently being used as a cinema theater (with occasional use as a venue for live music performance and religious services), and the west side was originally one cinema theater, but later divided into five cinema theaters. This western portion is currently unoccupied. The total floor area is approximately 28,300 sf. The building is generally constructed of masonry bearing walls with associated concrete tie beams and tie columns supporting the upper roofs (above theater spaces)which are framed out of steel deck on structural steel joists. Lower roofs are mostly framed out of reinforced concrete slabs supported by masonry bearing walls (and associated concrete tie beams and tie columns), except at the north facade (above lobby of currently active Cinema), with a portion consisting of steel deck on structural steel joists on structural steel beams and masonry bearing walls with _ . • -. .■ - - - a-_.. _.a . ... A . a .• . a- . _ . 'aa . .- . '.'._ .■ .. .._ ... - - supported by grade beams and piles. Elevated floor systems consist of reinforced concrete slabs. The elevated floor of the east cinema theater consists of a stepped reinforced concrete slab supported by masonry walls. The floor system of the remaining portions of the east cinema theater and the west cinema theaters consist of sloped reinforced concrete slabs supported by grade beams on piles (not directly observed, deduced from illegible original plans). Portions of the building are below ground (i.e. restrooms near cinema lobby at east side and electrical room and adjacent areas). The floor systems of these underground portions consist of reinforced concrete slabs supported by grade beams on piles (not directly observed, deduced from illegible original plans), and walls are masonry with associated tie beams and tie columns. It is assumed that these underground walls are also supported by grade beams un piles. Additionally, there is an underground concrete-framed tank near the electrical 8 .1376 of 1751 Revised March 2018 M I AM I B EACHBuilding Department 1700 Convention Center Drive, 2nd FL Miami Beach, Florida 33139 Telephone:305-673-7610 http://www.miamibeachfl.govicitv-hallibuilding/ J Additions to original structure: 1) Elevated cold-formed steel-framed projection room and walkway were added to service the cinema theaters on the west side of the building (see Photographs 2, 3, and 4). Structural steel-framed exit staircase (see Photographs No. 5 and 6)was constructed to provide direct access from this projection room to the outside (south façade). 2) Stage for theater on the east side of the building. This stage consists of a prefabricated aluminum-framed platform (see Photographs 7 and 8). According to a label observed (see Photograph 84). it was manufactured by Wenger and is part of their versatile (i.e. removable)platform systems. The stage was raised in height(about 1 foot)with wood framing consisting of plywood panels supported by 2i4 wood plate/studs/sleepers hearing assembly(see CONTINUF ON ATTA(=HFD SHEET 2. PRESENT CONDITION OF STRUCTURE a. General alignment(Note: good,fair, poor, explain if significant) 1. Bulging Fair to good 2. Settlement No significant settlement of structural elements was observed. 3. Deflections No significant deflection of structural elements was observed. 4. Expansion No structurally significant thermal movements were observed. 5. Contraction Only the typical material shrinkage cracks were observed, and these are not structurally significant. b. Portion showing distress (Note, beams, columns, structural walls,floor, roofs, other) 1) Concrete column located in hallway adjacent to the underground restrooms (at the west side) is spalled at the base (refer to Photograph 12). 2) Concrete slab above the electrical room at the ground floor(at corner of room, towards South facade) in between the east and west sides of the buildings is spalled (see Photograph 13). 3) Exterior concrete beams at the north facade of the building are spalled at the bottom (see Photographs 14 and 15). 4) 2nd floor concrete slab in the south facade of the building (towards the center, above the men's restroom) has a large opening (about 9" in diameter) (refer to Photograph 16). Exposed reinforcement is observed at the perimeter of the opening as well as perpendicular narrow cracks. Additionally, a water tank seems to be bearing above this opening. 5)The structural steel supporting the theater sign (located at low roof near north CONTINUED ON ATTACHED SHEET c.Surface conditions—describe general conditions of finishes, noting cracking,spalling, peeling, signs of moisture penetration and stains. Surface conditions vary from poor to good. See notes in sections 5, 6, 7, 8, 9, and 10. d. Cracks—note location in significant members. Identify crack size as HAIRLINE if barely discernible; FINE if less than 1 mm in width; MEDIUM if between 1 and 2 mm width;WIDE if over 2 mm. Numerous hairline to fine cracks in stucco, masonry, concrete and plaster as is usual for buildings of this type and age. DOUGLAS WOOD ASSOCIATES, INC. STRUCTURAL ENGINEERS WWW.DOUGLASWOOD.BIZ 5040 N.W.7TH STREET,SUITE 820,MIAMI,FLORIDA 33126 Page 1377 of 1751 DOUGLAS WOOD, P.E., SECB Revised March 2018 FL P.E. 32092 T:(305)461-3450 EMAIL:INBOX@DOUGLASWOOD.BIZ M I AM I B EACHBuilding Department 1700 Convention Center Drive, 2nd FL Miami Beach, Florida 33139 Telephone:305-673-7610 http://www.miamibeachfl.gov/city-hall/building/ e.General extent of deterioration—cracking or spalling of concrete or masonry,oxidation of metals; rot or borer attack in wood. Generally in fair condition, except as indicated in Sections 5, 6, 7, 8, 9, and 10. f. Previous patching or repairs No previous patching or repairs were observed. g. Nature of present loading indicates residential, commercial,other estimate magnitude. Theater and office for east portion of building. West portion of the building is currently unoccupied. Refer to section 1.j for a discussion on the effect of the additional load from stage and aluminum-truss frame on the east cinema theater's floor structure. 3. INSPECTIONS a. Date of notice of required inspection Unknown b. Date(s) of actual inspection 08/09/2018, 08/13/2018, &08/15/2018 c. Name and qualifications of individual submitting report: Douglas Wood, P.E., SECB, President, Douglas Wood Associates d. Description of laboratory or other formal testing, if required, rather than manual or visual procedures N/A e. Structural repair-note appropriate line: 1. None required X 2. Required (describe and indicate acceptance) See"Summary of Work Required" in attached sheet. 4. SUPPORTING DATA a. This report (13 Pages) sheet written data b. Photographs Nos. 01 through 85 photographs c. None drawings or sketches DOUGLAS WOOD ASSOCIATES, INC. STRUCTURAL ENGINEERS W W W.DOUGLAS W OOD.BR R Sd9AIQyxkm STREET,SUITE 820,MIAMI,FLORIDA 33126 Page 1378 of 1751 DOUGLAS WOOD, P.E., SECB FL P.E. 32092 T.(305)461-3450 EMAIL:INBOX@DOUGLASWOOD.BIZ M I AM I B EACH Building Department 1700 Convention Center Drive,2nd FL Miami Beach, Florida 33139 Telephone:305-673-7610 http://www.miamibeachfl.govicity-hallibuilding/ 5. MASONRY BEARING WALL= Indicate good,fair, poor on appropriate lines: a. Concrete masonry units Fair to good b. Clay tile or terra cotta units None observed c. Reinforced concrete tie columns Fair to good d. Reinforced concrete tie beams Fair to good e.Lintel Fair to good f. Other type bond beams Not directly observed g. Masonry finishes-exterior 1. Stucco Fair to poor(refer to section 2.b.13) 2. Veneer Fair 3. Paint only Fair to poor. 4. Other(describe) N/A h. Masonry finishes-interior 1. Vapor barrier None observed 2. Furring and plaster Fair to poor. Furring and plaster has deteriorated in some areas due to water intrusion, particularly in the west side of the building (refer to section 2.b.19). 3. Paneling Poor(see Photograph 39). 4. Paint only Fair to poor 5. Other(describe) N/A i.Cracks 1. Location—note beams, columns,other Numerous narrow cracks throughout the exterior façades but not structurally significant. 2. Description Narrow cracks, not structurally significant. j.Spalling 1. Location—note beams, columns,other Concrete spalling was not directly observed in the masonry bearing wall construction. Refer to section 8 for reinforced concrete spalling. 2. Description N/A k. Rebar corrosion-check appropriate line DOUGLAS WOOD ASSOCIATES, INC. STRUCTURAL ENGINEERS Page 1379 of 1751 WWW.DOUGLASWOOD.BIZ DOUGLAS WOOD, P.E., SECB Revised March 2018 5040 N.W.7TH STREET,SUITE 820,MIAMI,FLORIDA 33126 FL P.E. 32092 T:(305)461-3450 EMAIL:INBOX@DOUGLASWOOD.BIZ M I AM I B EAS HBuilding Department 1700 Convention Center Drive, and FL Miami Beach, Florida 33139 Telephone: 305-673-7610 http://www.mismibeachfl.gov/city-hall/building/ X 1. None visible(Rebar corrosion was not directly observed in masonry bearing wall construction) 2. Minor-patching will suffice 3. Significant-but patching will suffice 4. Significant-structural repairs required I. Samples chipped out for examination in spall areas: X 1. No 2. Yes—describe color, texture, aggregate,general quality 6. FLOOR AND ROOF SYSTEM a. Roof 1. Describe (flat,slope,type roofing,type roof deck, condition) The building's two upper roofs have hip slope. They consist of steel deck on structural steel joists bearing on masonry walls (refer to Photographs 42-45). Lower roof between the theaters at... CONTINUED ON ATTACHED SHEET 2. Note water tanks, cooling towers, air conditioning equipment, signs, other heavy equipment and condition of support: I he low roof at the east side of the building is supporting one condensing unit and four package AC units. Low roof between east and west portions of the building is supporting one package unit and has three abandoned roof curbs (covered with metal)that used to support mechanical units (see Photographs 60 and 61). Western upper roof is supporting three package units and several exhaust systems. All package units are supported on roof curbs. .... CONTINUED ON ATTACHED SHEET 3. Note types of drains and scuppers and condition: 1 here are drains throughout the upper roots with overflow scuppers around the perimeter curb (see Photographs 66 and 67) These drains are mostly located near the corners. Lower roofs also have drains with...CONTINUED ON ATTACHED SHEE— b. Floor system(s) 1. Describe (type of system framing, material, spans,condition) I he floor framing tor the second floor consists of concrete slabs supported by concrete beams or masonry walls. The elevated floor framing for the east theater consists of a stepped reinforced concrete slab supported by columns and masonry walls.The remaining portions of the east theater's floor consists of a sloped reinforced concrete slab supported by grade beams on piles (not directly observed, deduced from original plans). ... CONTINUED ON ATTACHED SHEET c. Inspection—note exposed areas available for inspection, and where it was found necessary to open ceilings, etc.for inspection of typical framing members. The upper roof steel joists were directly observed by removing ceiling tiles in a few locations of the east and west upper roofs (height was reached with a lift). Lower roofs' concrete slabs were directly observed from below in many locations since most lacked ceiling finish (i.e. slab above projection room of the east theater, storage room towards northeast corner of the building, etc). Steel joists in lower roof at the second level in the north portion of ... CONTINUED ON ATTACHED SHEET 7. STEEL FRAMING SYSTEM a. Description The upper roofs and the low roof at the north façade are framed of structural steel joists supported by masonry walls and structural steel beams. Additionally, the theater sign along the north facade is being supported by a structural steel assembly above the lower roof at the second level (at north façade)and composed of structural steel beams, steel posts connected to the roof structure. and steel cable lateral braces. Lastly. the projection ...CONTINUE ON ATTACHED SHEET DOUGLAS WOOD ASSOCIATES, INC. STRUCTURAL ENGINEERS Page 1380 of 1751 WWW.DOUGLASWOOD.BIZ DOUGLAS WOOD, P.E., SECS Revised 5040 N.W.7TH STREET,SUITE 820,MIAMI,FLORIDA 33126 FL P.E. 32092 T:(305)461-3450 EMAIL:INBOX©DOUGLASWOOD.BIZ M I AM I B EACHBuilding Department 1700 Convention Center Drive,2nd FL Miami Beach, Florida 33139 Telephone:305-673-7610 http://www.miamibeachfl.govicity-hall/building/ b. Exposed Steel-describe condition of paint and degree of corrosion Structural steel assembly at the second level (at the north facade) is exposed to the elements and mildly corroded (see Photographs 18, 19, and 20). Due to the corrosion, paint has, of course, deteriorated. c.Concrete or other fireproofing—note any cracking or spalling and note where any covering was removed for inspection No fireproofing was observed in the structural steel framing. d. Elevator sheave beams and connections, and machine floor beams—note condition: There is no elevator in this building. 8. CONCRETE FRAMING SYSTEM a. Full description of structural system Generally, the concrete framing for this building consists of tie beams, tie columns, and lintels associated with the CMU walls, elevated reinforced concrete slabs supported by masonry walls and concrete and steel beams that are supported by concrete or steel (not directly observed)columns. Elevated seating area of the east theater is composed of a stepped reinforced concrete slab supported by columns and masonry walls. The remaining ... CONTINUED ON ATTACHED SHEET b.Cracking X 1. Not significant 2. Location and description of members affected and type cracking c. General condition Except as discussed in Section 8.d, concrete appears to be in good condition. d. Rebar corrosion—check appropriate line 1. None visible 2. Location and description of members affected and type cracking 3. Significant but patching will suffice X 4. Significant—structural repairs required(describe) Refer to sections 2.b.1, 2.b.2, 2.b.3, and 2.b.5. e.sIRMWRL-4.,,.;���iit:Tlt51A 1A ' INC. Revised March 2018 WWW.DOUGLASWOOD.BIZ Pa�P 1381 of 1751 DOUGLAS WOOD, P.E., SPECS 5040 N.W.7TH STREET,SUITE 820,MIAMI,FLORIDA 33126 FL P.E. 32092 T:(305)461-3450 EMAIL:INBOXODOUGLASWOOD.BIZ M I AM I B EACHBuilding Department 1700 Convention Center Drive,2nd FL Miami Beach, Florida 33139 Telephone:305-673-7610 • http://www.miamibeachfl.gov/city-hall/building/ X 1. No 2. Yes, describe color,texture, aggregate, general quality: 9.WINDOWS a.Type (Wood, steel, aluminum,jalousie, single hung, double hung, casement, awning, pivoted,fixed,other) Windows along north façade, including box office, are aluminum-framed fixed panel windows. Lobby entry doors along nortf façade are aluminum-framed glass doors. Entry doors along the northwest, south, east,..CONTINUED ON ATTACHED SHEET b.Anchorage-type and condition of fasteners and latches Not directly observed. c. Sealant—type of condition of perimeter sealant and at mullions: Fair to poor condition. Perimeter sealant is missing or has deteriorated...CONTINUE ON ATTACHED SHEET d. Interiors seals—type and condition at operable vents Not directly observed. e. General condition:The exterior metal door and frame near the south end of the east façade are corroded at the base due to water intrusion (see Photograph 76). Metal door at other locations are lightly corroded (see Photograph 77). 10. WOOD FRAMING a.Type—fully describe if mill construction, light construction, major spans,trusses: The steps to access the stage of the east theater from the seating area are constructed of wood framing (see Photograph 34). This wood framing consists of plywood panels supported by 2x4 horizontal ... CONTINUED ON ATTACHED SHEET b. Note metal fitting i.e.,angles, plates, bolts,split pintles, other,and note condition: None directly observed. c.Joints—note if well fitted and still closed: Generally close fitted. d. Drainage—note accumulations of moisture N/A e.Ventilation—note any concealed spaces not ventilated: N/A f. Note any concealed spaces opened for inspection: Wood framing of staircase to access stage was observed by temporarily removing the fabric curtain that obstructed the view. The wood framing built up above the stage was observed from a few discrete locations where there were side openings due to being next to a step or ramp. DOUGLAS WOOD ASSOCIATES, INC. STRUCTURAL ENGINEERS WWW.DOUGLASWOOD.BIZ DOUGLAS WOOD, P.E., SECB 5040 N.W.7TH STREET,SUITE 820,MIAMI,FLORIDA 33126 FL P.E. 32092 T.(305)461-3450 EMAIL:INBOX@DOUGLASWOOD.BIZ Page 1382 of 1751 Revised March 2018 1.j ... Photograph 9). 3)An independent(not connected to the structure laterally)aluminum truss frame was installed above the stage to support lighting and other theater equipment(see Photographs 79 to 82). 4) Ramp and floors for dressing rooms in the backstage of the east cinema theater were constructed as an addition to the original floor system according to permit records dated 2003. 5)The steel structure supporting the exterior theater sign at the north side of the building appears to be an addition to the original structure(see Photographs 10 and 11). 6)Ticket box office appears to be an addition to the original structure(see Photograph 85). It is aluminum-framed with fixed glass windows and walls made out of a composite material. Structural Implications of Addition of Stage and Truss Frame in East Cinema Theater Stage:The addition of a stage to the east cinema theater represents a likely increase in loading to an area of the structure which was likely not designed for this higher load. The Building Code requires a design live load of 150 PSF for stages, but only 75 PSF for auditoriums with fixed seating. It is not clear to DWA what was the original design live load for the east cinema theater from the available documentation (original drawings are mostly illegible). However, it is likely that it was significantly less than the required 150 pounds per square feet(PSF)of today's Building Code. As part of the records that DWA uncovered from the Building Department,there were structural calculations from a 2003 renovation where a concrete infill slab was added to provide for the dressing room floors. These calculations considered a design live load of 50 PSF for the portion of the stage,which is only one-third of the current Building Code required design live load. It is important to note that,as indicated before,the stage structure is a versatile (i.e. removable) prefabricated aluminum-framed platform (see Photographs 7 and 8). DWA could not find Building Department records for the construction/installation of this stage system. According to the manufacturer,Wegner,the load rating for a similar system is 125 PSF,which is a little below the 150 PSF required by the current Building Code. Additionally,the wood framing used to raise the platform does not appear to have been engineered nor permitted, nor does it appear to be an approved addition to the Wegner aluminum-framed stage system. Unless permit records are retrieved, DWA advises that the existing floor structure is checked for the additional stage loading. This may turn into a difficult task given that the existing drawings are not legible and therefore sizes and locations of structural members are not clear. Additionally, if the existing floor structure can withstand the imposed loads,the stage platform and its added raised floor should be confirmed to be adequate or be replaced with one of appropriate height and load rating(150 PSF). DOUGLAS WOOD ASSOCIATES, INC. STRUCTURAL ENGINEERS WWW.DOUGLASWOOD.BIZ DOUGLAS WOOD, P.E., SECB 5040 N .7TH STREET,SUITE 820,MIAMI,FLORIDA 33126 FL P.E. 32092 T:(305)461-3450 EMAIL:INBOX@DOUGLASWOOD.BIZ Page 1383 of 1751 Aluminum Truss Frame:The truss frame that supports the lighting,and other theater equipment, over the stage also represents significant additional load to the original floor structure that was likely not designed to resist this loading(see Photographs 79 to 81). These additional loads are of importance as the vertical loads from the frame are transferred to the floor structure through a limited area (base plate of the vertical member, see Photograph No.82),and hence they are considered point loads rather than distributed loads. These vertical loads may be bearing on grade beams not designed for these loads,or directly on the reinforced concrete slab,which was most likely not designed for these point loads. Unless permit records are retrieved, DWA advises that the existing floor structure is checked for the additional vertical loads from the aluminum truss frame. This may turn into a difficult task given that the existing drawings are not legible and therefore sizes and locations of structural members are not clear. 2.b 5) ...facade) is mildly corroded (see Photographs 18, 19, and 20). 6) Rooftop A/C package units at western upper roof are mildly corroded (see Photographs 21 and 22). 7) The roofing systems over all upper roofs and lower roofs are old and in general need of maintenance (see photographs 23-27 and 57-59). 8) Efflorescence was observed below the low roof slab located above projection room of cinema theater in the eastern portion of the building through cracks in the slab(see Photograph 28). This is likely the consequence of roof leakage. This may have been a previous leak. 9) Drain of low roof at 2"d floor is missing protective cover. Debris could potentially clog the drain (see Photograph 70). 10)Access roof hatch located at the east low roof is mildly corroded (see Photograph 29). 11)There is a small gap between the exterior adjoining stone tile at the northeast corner that might allow moisture ingress and therefore potential deterioration of structure behind (see Photograph 30). 12)Wall at northwest corner is cracked (see Photograph 31). 13)Steps to access stage of east cinema theater from the seating area are constructed of wood framing(see Photograph 34).The vertical members of this wooden staircase are constructed so that they transfer the load to the bottom wood plates that are bearing directly on the theater's carpet (see Photograph 35). Some of the vertical members, however, are not connected to the bottom plate(see Photograph 36). The framing of steps lacks bracing(they are not connected to the stage structure), and the assembly is not anchored to the floor. DOUGLAS WOOD ASSOCIATES, INC. STRUCTURAL ENGINEERS WWW.DOUGLASWOOD.BIZ DOUGLAS WOOD, P.E., SECB 5040 N.W.7TH STREET,SUITE 820,MIAMI,FLORIDA 33126 Page 1384 of 1751 FL P.E. 32092 T:(305)461-3450 EMAIL:INBOX@DOUGLASWOOD.BIZ 14)The main stage structure, a versatile(i.e. removable) prefabricated aluminum-framed platform (see Photographs 7 and 8), has some legs that are bent or crooked (see Photograph 78). 15) In an area towards the front of the stage of the east cinema theater, loose C.M.U. and what appears to be a car jack are supporting the versatile (i.e. removable) prefabricated aluminum- framed platform (see Photograph 83). It is unclear why this extra support is needed at this location. 16) Existing wooden guardrail next to the access ramp in the northwest corner of the stage is loose (see Photograph 37). Existing metal railing at the northwest corner of the stage area (at the exit ramp to the dressing rooms) is also loose (see Photograph 38). 17) Cables providing lateral stability to the north facade's theater sign are loose (see Photograph 11). 18)There were moisture stains in at least a couple of locations of the ceiling of the first-floor office area (towards the north facade) (see Photograph 40). This may be related to water intrusion from the low roof at the north facade. DWA, however, inspected the underside of the roof structure at this location and did not find signs of significant structural deterioration (see Photograph 41). 19) Air conditioning unit in 2"d floor room at south end of the building, in between the east and west theaters, lacks exterior cover(see Photograph 17). This can potentially allow water intrusion and accelerate deterioration of adjacent concrete members(i.e. concrete spalling and corrosion). 6.a ...the east and west portions of the building(see Photograph 46)consists of a "flat" (with roofing sloped to floor drains) reinforced concrete slab supported by concrete beams, columns, and masonry walls (see Photograph 47). Lower roof at the second level in the north portion of the building is "flat" (with roofing sloped to roof drains) (refer to Photograph 48) and consists of steel deck on structural steel joists bearing on steel beams& concrete tie beams/masonry walls (see Photographs 49 and 50). Lower roof at northeast corner of the building and adjacent lower roof above hallway are "flat" (see Photograph 51)and consist of a reinforced concrete slab supported by masonry walls (see Photograph 52). Lower roof in the east side of the building(supporting mechanical equipment) is"flat" (with roofing sloped to drains) (see Photograph 53)and consists of a reinforced concrete slab bearing on concrete tie beams/masonry walls (see Photograph 54). Finally,the lower roof at the 2"d level towards the south facade(in between the east and west portions of the building) is flat(with roofing sloped to floor drain) (see Photograph 55) and consists of a reinforced concrete slab supported by concrete tie beams/masonry walls (see Photograph 56). The roofing over the two upper roofs and five lower roofs consists of built-up roofing systems. The roofing systems over all upper roofs and lower roofs are old and in need of maintenance (see photographs 23-27 and 57-59). No active water leaks were observed. DOUGLAS WOOD ASSOCIATES, INC. STRUCTURAL ENGINEERS WWW.DOUGLASWOOD.BIZ DOUGLAS WOOD, P.E., SECB 5040 N .7TH STREET,SUITE 820,MIAMI,FLORIDA 33126 Page 1385 of 1751 FL P.E. 32092 T:(305)461-3450 EMAIL:INBOX@DOUGLASWOOD.BIZ However, it appears that the concrete slab of the lower roof at the east side of the building has developed efflorescence through fine cracks as a result of moisture intrusion (see Photograph 54). This is likely due to wearing of the roofing, which has allowed moisture to penetrate the slab. 6.a.2 ... Condensing unit in lower roof at the east side of the building is supported on metal stands. One of the package units in the lower roof at the east side is being supported on a roof curb that is bigger than the unit(see Photograph 62). Several package units are not connected to their roof curbs, especially in the western upper roof and the lower roof between the east and west portions of the building(see Photographs 63, 64,and 65). Some units are missing enclosure panels(see Photographs 63 &64). 6.a.3 ... overflow scuppers(see photographs 68, 69, and 70),except the lower roof at the second level in the north portion of the building,where there are only drains but no overflow scuppers(see Photographs 71 and 72). It is important to note that this low roof has an exterior opening on the inside (see Photograph 73)which would facilitate overflow drainage. 6.b.1 ....The floor framing of the west theaters consists of a sloped reinforced concrete slab supported by grade beams on piles (not directly observed, deduced from original plans). Remaining portions of the first floor consist of a reinforced concrete slab on ground spanning to grade beams and piles (not directly observed, deduced from original plans). Underground floors are assumed to be reinforced concrete slabs bearing on ground and grade beams and supported by piles. 6.c ...the building were observed by removing ceiling tiles in a few locations.The reinforced concrete slabs of the second floor were observed directly from below at several locations (i.e. electrical rooms and restrooms, etc.) and by removing ceiling tiles in a few locations. Stepped, reinforced concrete slab for the elevated seating area of the east theater was observed by removing ceiling tiles in the underground restrooms'ceilings. 7.a ... room and walkway added to service the cinema theaters on the west side of the building are framed out of cold-formed steel. This area has a structural steel-framed exit staircase. 8.a ... portions of the east theater's floor consist of a sloped reinforced concrete slab supported by grade beams on piles(not directly observed,deduced from illegible original plans). Seating area of the west theater is composed of a sloped reinforced concrete slab supported by grade beams on piles(not directly observed, deduced from illegible original plans). It is assumed that floor systems of the underground level consist of a reinforced concrete slab-on-ground supported by grade beams on piles. Walls are masonry with associated tie beams and tie columns, and are assumed to be supported by grade beams on piles. Additionally,there is a concrete-framed tank below the basement level, near the electrical room. 9.a ... and west façades consist of metal doors with metal frames. DOUGLAS WOOD ASSOCIATES, INC. STRUCTURAL ENGINEERS WWW.DOUGLASWOOD.BIZ DOUGLAS WOOD, P.E., SECB 5040 N.W.7TH STREET,SUITE 820,MIAMI,FLORIDA 33126 Page 1386 of 1751 FL P.E. 32092 T.(305)461-3450 EMAIL:INBOX@DOUGLASWOOD.BIZ 9.c ... at some locations of the windows along the north storefront (see Photograph 74).Additionally, a pair of storefront doors at the north facade have a considerable gap between them (see Photographs 75). 10.a ... and vertical members.The vertical members of this wooden staircase are constructed so that they transfer the load to the bottom wood plates that are bearing directly on the theater's carpet (see Photograph 35). The framing of steps lacks bracing, and the assembly is not anchored to the floor. Additionally,the aluminum-framed stage structure was raised in height with wood framing consisting of plywood panels supported by 2x4 wood plate/studs/sleepers bearing assembly(see Photograph 9). Summary of Work Required 1) Review structural implications from additional loading of the stage and aluminum truss frame on the east cinema theater's floor system (discussed in Section 1.j)and proceed accordingly. 2) Repair spall in concrete column located in hallway adjacent to the underground restrooms (at the west side) (refer to Section 2.b.1). 3) Repair spall in concrete slab above electrical room at the ground floor(refer to Section 2.b.2). 4) Repair spalled exterior concrete beams(refer to Section 2.b.3). 5) Reduce opening size in concrete slab above first floor men's restrooms (refer to Section 2.b.4) by drilling and setting dowels in epoxy and casting grout or concrete. Repair any existing cracks perpendicular to the opening. 6) Clean and remove all corrosion from structural steel supporting the theater sign (refer to Section 2.b.5).Afterwards, coat the steel with a corrosion inhibiting paint system. 7) If western upper roof A/C units will not be replaced, clean and remove all corrosion and coat with a corrosion-inhibiting paint system (refer to Section 2.b.6). 8) Provide maintenance to the roofing systems of the upper and lower roofs (refer to Section 2.b.7). 9) Remove efflorescence stains in concrete slab above projection room of cinema in eastern portion of the building and repair cracks (refer to Section 2.b.8). 10) Place protective cover on top of drain in low roof at the 2nd floor to avoid debris intrusion (refer to Section 2.b.9) 11) Clean and remove all corrosion from steel access hatch at the east low roof and coat with a corrosion inhibiting paint system (refer to Section 2.b.10). 12) Seal gap between the exterior tile at the northeast corner of the building to prevent moisture intrusion (refer to Section 2.b.11). 13) Repair cracks in concrete wall at the northwest corner of the building(refer to Section 2.b.12). 14) Wood-framed steps to access stage needs to be modified so that the wood framing bears directly on the reinforced concrete slab and not on the carpet. Provide lateral bracing to DOUGLAS WOOD ASSOCIATES, INC. STRUCTURAL ENGINEERS WWW.DOUGLASWOOD.BIZ DOUGLAS WOOD, P.E., SECB 5040 N.W.7TH STREET,SUITE 820,MIAMI,FLORIDA 33126 Page 1387 of 1751 FL P.E. 32092 T.(305)461-3450 EMAIL:INBOX@DOUGLASWOOD.BIZ steps(i.e. by connecting them to stage framing) (refer to Section 2.b.13). All vertical wood members must be fastened to the bottom wood plates. 15) Review all legs of the aluminum-framed, prefabricated stage platform system,to verify they are not bent or crooked (refer to Section 2.b.14). If bent or crooked, adjust leg appropriately. 16) Reason for extra support of stage platform at loose C.M.U. supports must be investigated (refer to Section 2.b.15). Appropriate supports should then be provided accordingly. 17) Reconstruct or modify wood guard rail next to the access ramp in the northwest corner of the stage (refer to Section 2.b.16)so that is stable. 18) Review attachments of metal railing at the northwest corner of the stage area (refer to Section 2.b.16) and adjust as appropriate so that it is stable. 19) Tighten cables that provide lateral stability to the north façade's theater sign (refer to Section 2.b.17). 20) Stand-mounted condensing unit in lower roof at the east side is missing a clip connector(at a corner)to the aluminum-framed stand (see Photograph 32). 21) Connect rooftop package unit in the lower roof between the east and west portions of the building(see Photograph 65) and three rooftop package units in the western upper roof(see Photographs 63 and 64)to the supporting curbs (refer to Section 6.a.2). Seal openings at missing enclosure panel locations with properly fastened sheet metal. 22) Review all metal doors and frames and clean to remove corrosion products (refer to section 9.e). Afterwards, coat with a corrosion inhibiting paint system. 23) Provide exterior cover to air conditioning unit in 2"d floor room at south end of the building, in between the east and west theaters,to prevent moisture intrusion (refer to Section 2.b.19.) Additional Note: Based on our visual observations,verbal reports from the current building manager and the writer's personal experience,the below-grade areas of the building (restrooms,electrical room and adjacent rooms at the east end of the building and the low points of the west cinema theaters) regularly flood around high tides during the cycle of king tides. Over time,this saline water intrusion can potentially accelerate deterioration of the concrete structure in these areas (i.e. spalling an corrosion of reinforcement). While this condition does not present an immediate significant structural safety issue,this condition does present current safety issues(particularly relative to electrical systems)and potential health issues. DOUGLAS WOOD ASSOCIATES, INC. STRUCTURAL ENGINEERS WWW.D000LASWOOD.BIZ DOUGLAS WOOD, P.E., SECB 5040 N.W.7TH STREET,SUITE 820,MIAMI,FLORIDA 33126 FL P.E. 32092 T:(305)461-3450 EMAIL:INBOX@DOUGLASWOOD.BIZ Page 1388 of 1751 1 • r , i:,,, _0111_, _. . . ., _ \--"' r irk j - . t .._. • NcA ply. A i ,.I Photograph No. 1 - Overall Photograph of the Building iii . Y 111111 1la ',H , ' . .1 i I • i ff� il II l ri Photograph No. 2- Walkway to Elevated Projection Room for West Cinema Theaters Page 1389 of 1751 ...401111 1 ., Q :h w _ • Photograph No. 3 - Projection Room for West Cinema Theaters / { '. J titki Photograph No. 4— Floor framing of Projection Room for West Cinema Theaters Page 1390 of 1751 Photograph No. 5—Steel-framed Exit Staircase for Projection Room of West Cinema Theaters r.111111111,1 Photograph No. 6—Steel-framed Exit Staircase for Projection Room of West Cinema Theaters Page 1391 of 1751 y goy; t111111!111011 . . - t 1 \ \\11, '1-'\" lit, , I ...........4.—, liki l- , \\11 , ki: • s\ I I \ \ 1 - i 34 . 4111. 1 .11111111r"---.----*.ile Pk Iliiiiiibliltr,-44%,., Photograph No. 7-Aluminum-framed Stage Platform for East Cinema Theater v 2 '4114 ` 1 \ \ \\, \ Ilk Photograph No. 8-Aluminum-framed Stage Platform for East Cinema Theater Page 1392 of 1751 --�- _ - z - -meq" Ali:„ t Photograph No. 9— Built-up Wood Framing over Stage Platform for East Cinema Theater +j 'i,K _ -4- -ft - 04 •• - r •n... -.. a : i yp s a Photograph No. 10—Structural Steel supporting Theater Sign at North Façade Page 1393 of 1751 0 i P4,110 A 1lea • Photograph No. 11 -Theater Sign at North Facade Photograph No. 12—Spalled Concrete Column at Underground Hall Page 1394 of 1751 l• IN .. • a:I:p. s x 4,,R R 1d`f,, W +, s- i 4.f. ' ,k , , Y'` i E r$ '-. y ' ?l^`; i. r = if Photograph No. 13—Spalled Concrete Slab above Electrical Room at Ground Floor 3, /i ti Photograph No. 14 —Spalled Exterior Concrete Beam at North Facade Page 1395 of 1751 s ` , �e . x -r v of sr J 1 s — +r ---'4406w.1 1 ` 3- ) g Photograph No. 15 —Spalled Exterior Concrete Beam at North Facade - %. -vim"'., -' ; % - -:,,.:::-.:4640.7,,,H.7:-:_:.- --':-..-..::_.7-*".47:,,,,-_ ' 44;6:' ' '-— ''''S'Ik '''' ::;1'17' -:‘ ---;.- :1-'..,,..s.....::- - ''''':'. r 1 t r '*�►_ , Ta Y Photograph No. 16—Opening in Slab above Men's Restroom (near South Facade) Page 1396 of 1751 c 41 e Photograph No. 17—Uncovered Air Conditioning Unit in 2nd floor Room at the South End of Building (Between east and West Theaters). 1 tV •." dill A- — - r t rogiFillitir, _ : ,. _ ..„,_ Ir N Photograph No. 18 —Corroded Structural Steel Supporting Theater Sign Page 1397 of 1751 11 41 Z i 4 , i{3T z` ` • . i /� k Photograph No. 19—Corroded Structural Steel Supporting Theater Sign r- _ ,,,, _ ___ x ....,------- . . , .. ... .,„ :4, ,;,:,, __. . . .„..-:-..-:,-.,.__„,;.. _ . '.''' -...-46-0-41-54,,.--.- ,„::,,,t;7"-;"4-,it' i` x�Xv .. w i 0 ss �T of ii 4^ -- • .4.-"S i If:- 4 *iYFwf -♦ .. Photograph No. 20—Corroded Structural Steel Supporting Theater Sign Page 1398 of 1751 . n w it,i,.. ,.,14.5 "; I 1. ......,................: .. . :Rik tsjg iC Z _---.7 ..___wi-iitir;_ ^'�'" , , ._. ::>_,,,,...„. " -- ___>. , - _ ; .4000.' , ...,..--:'----"I'''--------- . ' ''''''.-*.,,,s,, --,:::',:-.!?,,v.„-•,- Photograph No. 21 - Rooftop Package Unit at Western Upper Roof f. -N47 \ ,► = ..r f'., i vR S .' e. ! • :'yf• .ice" .;''''''..!1'[,'''''....' pj.p K e.. NY 1.44,.n ..t... 3r .t �.C_:..,.. ettl`.e_'t.';e'Aigt,ik �',1r'r, .,>r :l•M ri,...... t. . ,._.+'tea♦j,Cm;��t'• ..1_. ".... • Photograph No. 22 - Rooftop Package Unit at Western Upper Roof Page 1399 of 1751 k' ik j,. a .dl ` Photograph No. 23—Deteriorated roofing at Eastern Lower Roof � � It r oistr _---1, ..-- - —14. R ,' .mss=xa, V W Y `•\' I c-..„. } ' Vii w as $ . tillit4 , Photograph No. 24—Deteriorated roofing at Lower Roof at the 2nd Floor towards South Façade Page 1400 of 1751 • :'''."0,".:6, t n'. �, s. ..4.'",,,,',,s,\:, i s I t '...,/ i; i: . lit ."-il. ligiiimalai_14-111W- 111(&:: . 7 , - v ,, N`. firs • 1.. L .ter+""' .... r - I .\ \\ . / 1 , \,- / 1 _ / r Photograph No. 25— Deteriorated roofing at Western Upper Roof -f+..1tr /prw4=?' 1 is:r`l;`F ,A!,se4ti..;a` s{ .. ia0 � �r t x ,its ;x ,,{� "' = sC .....i.-444%.Y+.r ?�-V,4�ti "F '1„ is. /r }fid .,1/2,,..•• 9,:�► , " ,�. t v w.-. .` b. ti ' e 4 a tot' 4,n' f ,g'��,..,..-,;,,A.1.4.;,,‘ �{F '4� \'r 2 p,,, < >+ x "� . a� .t 4"•yl,,f.rxt'ti`, *,•„.4 n firs , v ..�e.�'1 /4'-1t: , W,,.``� 7 �.P}S Y S-k iF' ,n40.:4- rr t x`. e r - ' `E',.. -.1 1•''i l.o ► .•.i', f t 1 + t • W �, 4 4' 4',V1 +.,',..1'.' t1"' 'a 4.41 * h * 1y r .V3,'-, s .:t�'zet , cra t•` N t f "T} t. ? a� "•"''r.y`t r s�' t' w. T J a �•4 � '''`Ye-,.--.7 . z bt^ It Fac .yYA C i?.�,'S 'J• , s �f' I. „�� ' {:,h'+% SR. 'kt"�,,,Ft'•'t�b Y .t. + ytr.. !s y$h .6 Y i ,yx kms, "I4 • y�k �`y ax• '.'Ra ,},8,,, ;y4. .•:_ :: :.,:. ',>." ,11:x' '. ...: -. ... . .. - .. Photograph No. 26—Deteriorated roofing at Western Upper Roof Page 1401 of 1751 41..:61 -sI_ eel i jiga *WI! i., — — 0 f',r a• I ` . ,rl = Photograph No. 27— Deteriorated roofing at Western Upper Roof " p. , Ir a 1 o Y I Photograph No. 28— Efflorescence in Concrete Slab above Projection Room (East Side) Page 1402 of 1751 AM , k . , ..: , _,. .. VW' r MIN Photograph No. 29 — Roof Access Hatch (Lower Roof at East Side) -m4 , 64.441i,... •141;f4" 1-• t_"` `rc30.1;ts. r,- 1�YY r ' .;.i Z.'', ` • ,v[ct' '+TS1 ' , j `-r . ., ,--Na..i +' ti'' •rG.. +S 43C 1 - . . Photograph No. 30 —Gap at Exterior Tile at Northeast Corner Page 1403 of 1751 Photograph No. 31 dit ' t Photograph No. 32—Stand-mounted AC unit at Lower Roof at East Side Page 1404 of 1751 t. / op 0- 4 \ t .....4.00 11.{._ "._ imp r 40 - - . i Ir..-- Photograph No. 33— Rooftop Package Unit at Lower Roof between East and West Portions Photograph No. 34—Wood-framed staircase (East Cinema Theater) Page 1405 of 1751 11111111( Photograph No. 35—Wood-framed staircase (East Cinema Theater) is 1 I. Photograph No. 36—Gap between vertical member and bottom plate Page 1406 of 1751 A •f Photograph No. 37— Loose Wooden Guardrail at East Cinema Theater /414,• I ,0 . Photograph No. 38—Loose Metal Guardrail at East Cinema Theater Page 1407 of 1751 F.' , ill lir , _ i I . ' I i \ , i 1 ' 'L y , i1 i. • . _ Aki Photograph No. 39— Deteriorated Interior Wood Paneling in 2nd floor Room at the South End of Building (Between east and West Theaters). Photograph No. 40—Stained Ceiling Tiles at Ceiling of First Level Page 1408 of 1751 I // iL S . \Allikk..4 „ - r ' / '4:, as Photograph No. 41— Underside of roof structure of Low Roof at North Facade d'§ i ¢sew " Ci n- lin2a m _-� C:_ 1-, 1 _ 1 y - �e1 sie _ Wim_ —c F 41...t : v w rt— 4 i 0 2 5 F W:---- ' --"''''.°Ill l' - ''' l..- ------' --- - -wall". :IBP-. Photograph No. 42— Upper Roof of East Cinema Theater Page 1409 of 1751 3 m-`` ! . Photograph No. 43– Upper Roof of West Cinema Theater • � —• .. . ,:i `��J .......: .. 1 i (I dr i la- \ Photograph No. 44 – Underside of East Upper Roof Structure Page 1410 of 1751 - Ilk N ' 1 1 \( s • T 'z — , '-' \I Ilk\ i i Photograph No. 45 — Underside of East Upper Roof Structure - -. ;n qFd I �\ I�� ,- N — iii,ill . 4 0 IN* y , _ , „tb. 1 . i„.,-40, __., Photograph No. 46— Lower roof between the East and West Portions of Building Page 1411 of 1751 Photograph No. 47— Underside of Lower roof between the East and West Portions 1y.- • .400- 1 t i +► t / Photograph No. 48— Low Roof at Second Level in North Portion of Building Page 1412 of 1751 +.gym - ----- - 1.. 4 *'''itc i , ‘,4 % ', , ,, . , i.. . \ \ \, . Photograph No. 49 — Underside of Low Roof at Second Level in North Portion of Building �i3®. j 3 J}}/ I -. l Photograph No. 50 — Underside of Low Roof at Second Level in North Portion of Building Page 1413 of 1751 3 �__ Q w gla5 o m „.,.. ..., ii 1177-71i f g JAI--BE 4- -a fiy .v ., t , , a- iR W/RY i 4 'E s Photograph No. 51 — Low Roof at Northeast Corner of Building and Adjacent Hallway „ I` r Mk 1 mikk 111 111 i .46. i Photograph No. 52 — Underside of Low Roof at Northeast Corner of Building Page 1414 of 1751 w 1 - ' L _ • Photograph No. 53 — Low Roof at East Side of Building i t ` � a R `.4 -411 Photograph No. 54 —Underside of Low Roof at East Side of Building Page 1415 of 1751 Ii..idal..t.:735 7 3 _�__ _ Alb- ii ft it;F,, r" a oolt ' - ''' '''.ki,,, '- ' i. f- Photograph No. 55 — Low Roof at East Side of Building -\ r k A) , \N° 4,- . ,1 011it Photograph No. 56 — Underside of Low Roof at East Side of Building Page 1416 of 1751 *,.. ice r ,�.� -¢ �,�d. v. - N1047-ert. _ f.:,,r, ,..\ ' _ -sig+_ r `� a^� 4 . '' ilk ':•'''''':- • ,%lid,, - it a-'"c ``a �= 15 Photograph No. 57- Upper roof at west side of the building `• — i ft, / i 0 r'• f i 1 4 1 t or It , • 1 41'llk' .' .. - ., x , F µ ' Photograph No. 58 -Lower roof at east side of the building Page 1417 of 1751 I 7 0 -.:1 -z:'-'' ; Photograph No. 59—Lower roof at east side of the building Ate. Ifillik _40 h Photograph No. 60—Covered Opening at Low Roof between East and West Page 1418 of 1751 a Ill I at I 1 ,,,, .. .,NIS- , / Z.-A=4g 111111 IL ill Ina / ,, Photograph No. 61—Covered Opening at Low Roof between East and West 1 A li t iti11 - Photograph No. 62—Condensing Unit Supported on Larger Roof Curb at Low Roof at East Side Page 1419 of 1751 ,Iii-00.1\ . _ . r titl''' I 411 / +" _ _ ... • 'S l` si �T j s i f { ter.- _ S d..vk' C.t` 'fit s ' µ..,..,...—'...-4..-,;,-, x . -j ""F .----.--,,,,- ...k if .�, ��.�+ .r '''A':t',..•''4..:''': a_x Photograph No. 63— Package unit Unconnected to Roof Curb at Western Upper Roof iT` '! t • • ---.--;• ,-_,___., moi —' — - kill' r . s '! r • y . t.. ,...,.,,v,_ ' ' \ ) ' }. Photograph No. 64 — Package unit Unconnected to Roof Curb at Western Upper Roof Page 1420 of 1751 O �f�i-,---%---- I i i } s '�r 0.' - "1 >r 1 :\ „r. t g. • � � it v's 5'+ ,5, �c. , 1, Photograph No. 65 — Package Unit Unconnected to Roof Curb at Low Roof between East and West Portions ., :�_ r r .• : 1_ S _ 4____ ifiriiil •• • • ■ f t !Hj: .±.i;::; issava \ . -;: • • W cii f tet_... i Photograph No. 66—Westside upper roof Page 1421 of 1751 Ott •-.-., mak`.,__- S Photograph No. 67—Eastside upper roof getAtict • 441 N OW- 441/11FOl' Is t • • e • Photograph No. 68—Low roof at east side of building Page 1422 of 1751 i .111111110 Photograph No. 69—Low roof between east and west sides of the building iii+ � { ,. n J '9 V _ r 4 _ . , ., \ t t ' 44, . . . „ Photograph No. 70 —Low roof at the second floor Page 1423 of 1751 y ` 1 °. 1- ..ditiow .7N• • 4 • :.,_ i;:iti,„,-.4fok.:..,,,A,:... .:_ , , ' „° Photograph No. 71—Low roof at the second floor(north) • 4 , , r " -'.--.-.-c$-,'-.-.4k1‘l,jit'‘'-4- '1fi'k 4 >$I "" , _ 7 •mss` h {fig t. > b `�,�r.=4. tl d,. ' ' " .- Photograph No. 72—Low roof at the second floor(north) Page 1424 of 1751 EIIN 4111111.1117 • • Photograph No. 73 —Low roof at the second floor(north) Photograph No. 74—Missing Sealant at Corner of Fixed Window of North Facade Page 1425 of 1751 i 4 I 1 — —_._ I a♦ ti •► _ rOl_i is : wisiimmsle II�� _ ♦ I -- = 1 I 1 _ -- _e ,_ .w LI t . � _ • • I 1 r+ I IIfli I Ii�.' _ 1• t : r I 11i111• .1111111111111161.,— : animmmuft M 77mmi Photograph No. 75—Considerable Gab between Pair of North Façade Doors ii 3 1 Photograph No. 76 —Corroded Exterior Door at Underground Electrical Room Page 1426 of 1751 Imo', • 11110 Photograph No. 77 —Lightly Corroded Exterior Door at Steel-framed Exit Staircase for Projection Room of West Cinema Theaters N� • -1\( Photograph No. 78 — Crooked Leg of Stage's Aluminum-framed Platform Page 1427 of 1751 Way '411111111 I"'MOO.N... ' .iri i , . - _i_ - ___ -1...:::-.- 111 -- -_ m� N . r '`�~ 41, -� ._ 0�� � _ ' . �- - : -------- Photograph No. 79 — Aluminum Truss Frame for Lighting Support _ • ~. _ ....=........... --,:=�: --~ — ___ ��� - .-� — -._ °~ ' / ---- � ~~� ,'. --.7......;.-!:.-7-- -��~- - --- u � �^`^ '‘ Y • • _`� � '.. _�. ^.. -~- ~ m - _�� -_ . � ==` - � V ` - `=, -_. -~~ = - -- - �� � Photograph No. 80 - Aluminum Truss Frame for Lighting Support 1 k . • 1 ,`y in,. . . ' • a1 . -, t 41 s . . . . mew roe rob., I s `\ �Mt i Photograph No. 81 - Aluminum Truss Frame for Lighting Support Off °11F r ', 1 i 401 r11 .1 irr 'b ': i ,• ( ,t- 44 • e e. i • Photograph No. 82 - Aluminum Truss Frame Base Plate Page 1429 of 1751 a VIIIII I 41111111110' 11111. r An• Awe 44.44. Photograph No. 83 — Loose C.M.U. blocks Supporting East Cinema Theater Platform A Connect Sa .eeipat Platter= eees,w+•el Uknqu /'`■■`_ ;j75 i°e illkt ,.w �rw pWrw�Y pew•.• Versalite *moom to ' - """`e'...... Platform Systems ,eetpver To Install Cued Rolls Wrapped sod fWethe Pt.n. Operating Instructions Um MAGA ,.wee To Sat Up Platform Sections o CAU Cr I e• �`:^"" ..rit c7-#.:' ...ma come rcescros sty .., ` :}j VA*. e..r,re.r�•ya1r•+..^.. +'+•4" _ To Canned Riser Unit • 'Ilett iiiitenffis.can. l � slyNE ,a.e� .0 ,4..•'. tam ,r+J r cc ( , I, ap, el '..,S - ,j%,.�\ NO1,„e.• .;"e.Mei 0 D ad emi,.n AAA. m ....'1434:"*. ``' rel «... VO ew1N0"Arne Memo AA AA0.4<,e er ''''''•••w•"•..ety�r,.M .a ewe •.W. . Photograph No. 84 — Stage Versatile Platform System Label—East Cinema Theater Page 1430 of 1751 25 ' 7> w^ : LiEK > 2 »� § $ $igs a * ~ * dk » . < - «. #f . \« w< . ,A#0. © © - ��\ « z - £ y< «2 § 2»©zm :- \ \: : -2«\ Photograph No. 85 — Ticket Box Of§c at North Fa9de Page 1431 of 1751