97-22420 RESO
RESOLUTION NO.
97-22420
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO
THE GROUND LEASE BETWEEN THE CITY AND THE MIAMI CITY
BALLET, INC.; SAID AMENDMENT CHANGING THE LOCATION OF
THE DESIGNATED SITE FOR A PROPOSED MIAMI CITY BALLET
FACILITY FROM THE SURFACE LOT EASTERLY OF CONVENTION
CENTER DRIVE AND ADJACENT TO THE JACKIE GLEASON THEATER
OF THE PERFORMING ARTS, TO A PROPOSED CITY-OWNED SITE IN
THE BLOCKS BOUNDED BY COLLINS A VENUE, AT 22ND STREET,
AND PARKA VENUE, AT 23RD STREET, IN THE COLLINS PARK AREA.
WHEREAS, on April 13, 1994, the City and Miami City Ballet, Inc. (Ballet), executec a
Ground Lease Agreement for a proposed permanent facility for the Miami City Ballet, 10 ,e
constructed on the City-owned surface lot easterly of Convention Center Drive and adjacent t) t 1e
Jackie Gleason Theater of the Performing Arts (Designated Site); and
WHEREAS, based on a directive from the Mayor and City Commission, the Administntilln
has been working on the various elements to create a cultural center in the vicinity of the Cc Hi 1S
Park Area, which would include siting the proposed Ballet facility with the proposed new reg] on 11
library, all in the area immediately north of Collins Park; and
WHEREAS, pursuant to these discussions, the City and the Ballet have negotiated tJe
attached Amendment to Ground Lease, changing the Designated Site for the Ballet's permane 1t
facility to a proposed new site, to be generally located on property to be acquired by the City ill tIe
blocks bounded by Collins Avenue, at 22nd Street, and Park Avenue, at 23rd Street, in the Colli].s
Park Area (New Site); and
WHEREAS, as the original Ground Lease Agreement was approved by the Mayor and Ci y
Commission with the inclusion of the Designated Site, the City Attorney's Office and t} e
Administration jointly recommended that, pursuant to Ordinance No. 92-2783, which establi ;hl s
procedures for the sale and/or lease of City property, a public hearing be held on June 18, 199'7, in
order to obtain citizen input into the proposed Amendment to Ground Lease, which designate~. tt e
New Site, so as to fully inform the general public and hear comment as to this proposed action; an:i
WHEREAS, following said public hearing, and following the Mayor and City Commission s
approval of the attached Amendment to Ground Lease, the City and the Ballet further agre~ t)
negotiate a Second Amendment to Ground Lease within six (6) months of execution of th~
aforestated Amendment, said Second Amendment not only identifying and setting forth a specifi;
site within the New Site for the proposed Ballet facility, but also clarifying and renegotiating certai 1
terms and conditions of the April 13, 1994 Ground Lease Agreement.
NOW THEREFORE BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that Mayor and C ty
Commission herein approve and authorize the Mayor and City Clerk to execute the attacr ed
Amendment to Ground Lease between the City and the Miami City Ballet, Inc.; said Amendmc ,nt
changing the location of the Designated Site for a proposed Miami City Ballet facility from 1 he
surface lot Easterly of Convention Center Drive and adjacent to the Jackie Gleason Theater oflhe
Performing Arts, to a proposed City-owned site in the blocks bounded by Collins A venue, at 22 1d
Street, and Park Avenue, at 23rd Street, in the Collins Park Area.
PASSED and ADOPTED this 18th day of
-~
ATTEST:
~LE~ + fl~
F,\A lTO\AGURIRESOSIMIABALET.RS2
APPROVED AS TO
FORM & lANGUAGE
& FOR EXECUTION
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CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
l
CIT"Y OF MIAMI BEACH
COMMISSION MEMORANDUM NO.-11.5..:Sl
TO:
Mayor Seymour Gelber and
Memben or the City Commission
DATE: June 18, 1997
FROM:
Jose Garcia-Pedrosa III
City Manager "
SUBJECT:
RESOLUTION OF THE MAYOR AND COMMISSION OF THE CITY OJ'
MIAMI BEACH, FLORIDA, APPROVING AN AMENDMENT TO THE
GROUND LEASE BETWEEN THE MIAMI CITY BALLET, INC.; SAIl)
AMENDMENT, IN PART, CHANGING THE LOCATION OF THE
DESIGNATED SITE FORA PROPOSED MIAMI CITY BALLET F ACILITI
FROM THE SURFACE LOT EASTERLY OF CONVENTION CENTER
DRIVE AND ADJACENT TO THE JACKIE GLEASON THEATER OF THE
PERFORMING ARTS, TO A PROPOSED CITY -O\VNED SITE IN THE
BLOCKS BOUNDED BY COLLINS AVENUE AT 22ND STREET, AND
PARK AVENUE, AT 23RD STREET, IN THE COLLINS PARK AREA.
RECOMMEND A TION:
It is recommended that the City Commission adopt the resolution approving the ground lease
amendment.
BACKGROUND:
The Miami City Ballet has an existing ground lease with the City of Miami Beach for the property
adjacent to the rear of TOP A, north of 17th Street and the proposed realignment of Convention
Center Drive. The BaIlet is recipient of a $500,000 State of Florida grant that has been extended to
June 19, 1997, pending an amendment of its lease to identify the new site in the proposed Cultural
Center.
ANALYSIS:
The change requested involves solely two aspects:
1. Change of the site
2. Agreement to negotiate further on other terms in the future.
AGENDA ITEM R 11')-
DATE~T..~
CONCLUSION:
The City Commission should adopt the resolution.
r'
JGP:~jph
Attachment
AMENDMENT TO GROUND LEASE
THIS AMENDMENT TO GROUND LEASE, is made as ofthe~day of June, 19 n,
by and between the CITY OF MIAMI BEACH, a Florida municipal corporation (Landlord or Ci ty)
and MIAMI CITY BALLET, INC., a Florida not-for-profit corporation (Tenant or Ballet).
WITNESSETH:
WHEREAS, on April 13, 1994, the City of Miami Beach and Miami City Ballet execued
a Ground Lease Agreement for a proposed permanent facility for the Ballet on a certain site Ie caed
near the City Center of Miami Beach (Designated Site); and
WHEREAS, the City and the Ballet now desire to change the Designated Site for the Ball:t's
permanent facility to one located in the Collins Park District of Miami Beach (New Site).
NOW THEREFORE, in consideration of the premises and other good and va lid
consideration, the City and the Ballet now agree to amend the said Ground Lease Agreement as
follows:
1. The Recital of the said Ground Lease Agreement shall be amended to read as follow:;:
Landlord, in order to create a significant educational and cultural facility for the us:: a ad
enjoyment of the general public and for and in consideration of the covenants hereinafter ma ie ,y
Tenant, and the covenants and agreements hereinafter contained to be kept and performed by Tena 1t,
does hereby agree to use its best efforts to acquire the fee ownership of demise, lease Mid lcH:Hfe
TCflMit for the tcrm Md upon the conditions hereinaftcr statcd,that certain real property descrited
in Exhibit "A" attached hereto and made a part hereof which consists of approxirratdy
20,000 113.800square feet of land, more or less. currcntly impro';cd 'vvith a surfaec parkin~~
located in the City of Miami Beach, Dade County, Florida, and. subiect to such acquisition. Lan;lli rd
agrees to demise. lease and let unto Tenant for the terms and upon the conditions hereinafter slatt.Q..,
a site located within the said real property. to be mutually agreed on by Landlord and Tenant tl.at
.includes a minimum of 30.000 square feet. together with all appurtenances to such land, inc1u:iir g,
without limitation, all vegetation air rights, easements, rights-of-way or appurtenances OVv'ficd -e, to
be acquired by Landlord and held in connection with such land, and all rights efLandlord mIll
acquire in and to any streets, sidewalks, alleys and land lying in the bed of existing or pro~'os~d
streets adjacent to such land (collectively, the "Land"), for the Term (as defined in Section LC 1)
subject to the covenants, agreements, terms and conditions hereinafter met forth, to each and ;111 :>f
which Landlord and Tenant mutually agree.
2. The first sentence of Section 3.01 shall be amended to read as follows:
Section 3.01 Building Defined. "Building" shall mean an approximately Eighty~;ix;y
Thousand (8-2,0,000) square foot building, complete with utility equipment for space and aft::r
heating, plumbing and electrical systems, air conditioning, interior and exterior lighting fixtun s,
finished carpentry and mill work, yard work, entrances and exits, sewage disposal, water lim s,
electrical, power and gas lines and connections, soil compaction, grading, site improvemen s,
curbing, paving for parking areas and walkways, landscaping, exterior lighting for the Buildin~,
exterior and interior finishes and such other items relating to such building as shall be specifLed in
the Working Drawings.
3. All terms of the Ground Lease Agreement, dated April 13, 1994, that are not specifllca lly
amended by this Amendment to Ground Lease shall remain binding on Landlord and Tenant.
However, notwithstanding this provision, Landlord and Tenant shall each use their good faith effc rts
to negotiate a Second Amendment to Ground Lease upon Landlord's identification and desigrati on
of a specific site for the proposed Miami City Ballet permanent facility, said site to be located wit tin
that certain real property described in Exhibit "A", and comprising the Land and the Building, as
same are defined herein. Such Second Amendment shall be subject to the approval of the Mayor end
City Commission of the City of Miami Beach. In the event, for any reason, despite Landlor:i end
Tenant's good faith efforts, the parties are unable to negotiate said Second Amendment within.ix
(6) months following execution of this Amendment to Ground Lease, this Amendment and . he
underlying Ground Lease Agreement, dated April 13, 1994, shall be null and void and both partes
shall be released from all obligations hereunder.
IN WITNESS WHEREOF, Landlord and Tenant have caused these presents to be exe::u' ed
the day and year first above written.
WITNESSES:
LANDLORD:
ATTEST:
j[olu~ ~tvccL
City Clerk
f
wi?~
MIAMI CITY BALLET, INC., a Floridl
non-fo -profit corporation
/Z~
lina, President
By:
Name:
(tJ:
I
(
APPROVED AS TO
FORM & lANGUAGE
& FOR EXECU110N
2
/hi f/IJIL 6LL~""IP
City Attorney DO '"
EXHIBIT "A"
AMENDMENT TO GROUND LEASE
City of Miami Beach and Miami City Ballet
Exhibit A to the Amendment to Ground Lease, dated the 18th day of June
LEGAL DESCRIPTION ofland (note underline is NOT part oflegal description):
211 22nd Street (12.500 sq Ft):
MIAMI BEACH IMP CO SUB PB 5-7
LOTS 4 & 6 BLK 2
LOT SIZE 100 X 125
227 22nd Street (8.775 Sq Ft):
MIAMI BEACH IMP CO SUB PB 5-7
LOT 8 & E20FT OF S100FT LOT 10 &
E15 FT OF N35FT OF W80 FT OF S100FT
LOTS 10 & 12 BLK 2
LOT SIZE IRREGULAR
245 22nd Street (7.475 Sq Ft):
MIAMI BEACH IMP CO SUB PB 5-7
W80FT OF S100FT OF LOTS 10 & 12
LESS E15FT OF N35FT OF W80FT OF
S100FT OF LOTS 10 & 12 BLK 2
LOT SIZE IRREGULAR
313 22nd Street (12.500 Sq Ft):
23-26-27 34 53 42
MIAMI BEACH IMP CO SUB PB 5-7
S100FT LOTS 2 & 4 BLK 1
LOT SIZE 125.000 X 100
OR 15608-035002924
321 22nd Street (18.750 Sq Ft):
MIAMI BEACH IMP CO SUB PB 5-7
LOTS 6-8 & 10 BLK 1
LOT SIZE 150 X 125
220 23rd Street (5.750 Sq Ft):
MIAMI BEACH IMP SO SUB PB 5-7
LOT 5 BLK2
LOT SIZE 50 X 115
3
, 19'17.
EXHIBIT A. Amendment to Ground Lease. City of Miami Beach/Miami City Ballet
224 23rd Street (19.750 Sq Ft):
23 26 27 34 53 42
MIAMI BEACH IMP CO SUB PB 5-7
LOTS 7-9-11 LESS NI0FT FOR RJW &
N25FT OF LOTS 10 & 12 BLK 2
LOT SIZE 19750 SQ FT
300 23rd Street (16.800 Sq Ft):
MIAMI BEACH IMP CO SUB PB 5-7
LOTS 1 & 3 & N25FT LOTS 2 & 4
LESS NI0FT OF LOTS 1 & 3 BLK 1
LOT SIZE 16800 SQ FT
340 23rd Street (17.250 Sq Ft):
MIAMI BEACH IMP CO SUB PB 5-7
LOTS 5 & 7 & 9 BLK 1
LOT SIZE 17250 SQ FT
4