RESOLUTION 84-17918 RESOLUTION NO. 84-17918
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING
EXECUTION OF AGREEMENT BETWEEN THE CITY OF
MIAMI BEACH AND MACCABEE INVESTMENTS INC. ,
GRANTING THE RIGHT TO MACCABEE INVESTMENTS
INC. , TO PRESENT THEATRICAL, DRAMATIC, AND
MUSICAL PERFORMANCES AT THE MIAMI BEACH
THEATER OF THE PERFORMING ARTS, IN THE CITY
OF MIAMI BEACH, FLORIDA.
WHEREAS, the City Commission of the City of Miami Beach,
Florida, desires to enter into an appropriate agreement whereby
the City of Miami Beach would give and grant the right to theater
producer Zev Bufman to present theatrical and dramatic plays, and
musicals at the Miami Beach Theater of the Performing Arts, in the
City of Miami Beach, Florida; and
WHEREAS, the City Commission of the City of Miami Beach,
Florida, has found and determined that it is in the best interests
of the City of Miami Beach and its citizens and residents to enter
into said agreement with Zev Bufman d/b/a MACCABEE INVESTMENTS
INC. , for a period of a minimum of six theatrical seasons, a
theatrical season begins on the first day of November and ends the
following thirtieth day of May; and
WHEREAS , an agreement has been prepared and approved by
the City Attorney, and the City Manager has recommended that the
City Commission enter into said agreement; and
WHEREAS , the City Commission of the City of Miami Beach
is familiar with the provisions of said agreement, a copy of which
is attached hereto and made a part hereof; and
WHEREAS , all resolutions and contracts inconsistent with
this resolution and contract are repealed:
NOW, THEREFORE , BE IT DULY RESOLVED BY THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and
the City Clerk be and they are hereby authorized and directed to
execute said agreement in the name of and on behalf of the City of
Miami Beach, Florida.
PASSED and ADOPTED this 7th day of November , 1984 .
4.2 •
MAYOR
Attest:
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City Clerk _ . rt.......�..,...r_,_.,....
/ ' /rp,•+.I r.+...Mrra..fir sa.+ -
OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH, FLORIDA 33139
AGREEMENT
THIS AGREEMENT, made and entered into this91"tt day of
47A-1,,-(11.\./4t,j, 1984 , by and between the City of Miami Beach, a
municipal corporation of the State of Florida, hereinafter called
"CITY" , and MACCABEE INVESTMENTS INC. , a Florida corporation,
hereinafter called "PRODUCER" , WITNESSETH; THAT IN CONSIDERATION
of the sum of One Dollar ($1. 00) and other good and valuable
consideration, each to the other in hand paid, and of the
covenants herein agreed to be kept and performed by each of the
parties hereto, it is agreed as follows:
1. CITY does hereby give and grant to the PRODUCER the
right to present Broadway first class shows consisting of
theatrical and dramatic plays , and musicals at the Miami Beach
Theater of the Performing Arts (hereinafter referred to as TOPA) ,
Miami Beach, Florida, commencing on November 1, 1986 and ending on
the 30th day of June, 1993 . The term of this contract is for a
minimum of six theatrical seasons. A theatrical season begins on
the first day of November and ends the following thirtieth (30th)
day of May. CITY agrees that during the theatrical season it will
not permit the performance of any other Broadway first class show
running for more than one day in TOPA for a period of forty-five
days before and thirty days after any Broadway first class show
presented for a period of five consecutive days or longer by the
PRODUCER. The right granted hereby does not include or apply to
concerts , operas , symphonies, rock concerts, ballet, recitals, one
nighters, amateur productions , and any other non-Broadway first
class show as is commonly known in the industry, and the CITY
specifically retains full , total and complete right thereto.
2 . It is understood that although this agreement is made
between the CITY and MACCABEE INVESTMENTS INC. , a Florida
corporation, the parties are bargaining for the services and
talents of ZEV BUFMAN personally, and the designation of MACCABEE
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INVESTMENTS INC. , a Florida corporation, hereto as one of the
contracting parties , is solely for the business convenience of ZEV
BUFMAN alone. It is understood that the CITY has the right to
terminate this agreement forthwith in the event that the personal
services and talents of ZEV BUFMAN are not substantially devoted
to the performance of the covenants of this agreement. The
personal services of ZEV BUFMAN shall be maintained by ZEV BUFMAN
maintaining a minimum of 51% of ownership of MACCABEE INVESTMENTS
INC . or if he is a controlling general partner in a limited or
general partnership to which this contract maybe assigned.
3. The above right is granted upon the following terms,
conditions and covenants:
a. PRODUCER covenants that under the rights granted by this
agreement, a minimum of forty-eight days , with at least one
performance per day, shall be presented in each theatrical season,
commencing on November 1, 1986 . All shows to be counted towards
the minimum number of days shall be presented for a period of five
consecutive days or longer and shall be Broadway first class
theatrical shows in the Dade County area.
b. During each and every theatrical season the PRODUCER
shall present at TOPA a minimum of four first class , first run
Broadway shows in the Dade County area each running for five or
more consecutive days. All shows to be presented in TOPA shall be
First Class productions, as defined by Actors Equity. The
PRODUCER shall contact the City Manager of the CITY on or after
June 1, 1986 to ascertain an opening date for theatrical shows by
virtue of a completion date of construction and renovations of
TOPA. The CITY is not liable for damages suffered by PRODUCER
relating to a delayed completion of TOPA. In the event that TOPA
is not completed for purposes of theatrical shows by November 1 ,
1986 but is completed by February 1 , 1987 , PRODUCER shall for the
first shortened theatrical season put on a minimum of twenty-four
(24) days, with at least one show per day, and a minimum of two
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first class first run shows in Dade County provided suitable dates
are made available by CITY. Suitable dates mean two separate two
consecutive week periods.
c. The extent, date and time of each performance shall be
presented by the PRODUCER to the Executive Director of the
Convention Center and all dates are to be tentatively blocked
eighteen months in advance and confirmed in writing but may be
changed or cancelled by 105 days ' written notice from the
PRODUCER. All dates reserved and not so cancelled within 105 to
90 days shall be paid for by the PRODUCER at the rate of $500 per
day unless the CITY shall obtain another lessee for those dates or
any part thereof in which case PRODUCER shall be liable for any
deficiency. All dates reserved and not so cancelled within 89
days shall be paid for by the PRODUCER at the rate of $1,500 per
day unless the CITY shall obtain another lessee for those dates or
any part thereof in which case PRODUCER shall be liable for any
deficiency. PRODUCER shall promptly and punctually pay the
deficiencies set forth in this section and in all cases will pay
the deficiency within thirty (30) days of its being due. PRODUCER
maintains the right to block out two (2) weeks per month during
the theatrical season, however , this shall not preclude PRODUCER
from obtaining additional weeks within said month subject to
availability and CITY approval.
d. The base rental for the first twelve months for each
week the PRODUCER puts on a first class show in TOPA shall be
$8 ,000 . 00 . This base weekly rental shall increase by $1,000.00
each and every succeeding twelve months until the base weekly
rental reaches the amount of $12 ,000. 00 and such sum shall remain
as the rental for the duration of this contract. PRODUCER shall
also pay for any increase in electricity expense from the base
year (base year is the first complete theatrical season year) , as
is measured by an FPL analysis wL- ich should be conducted at the
conclusion of the first theatrical season and annually prior to
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the theatrical season for each year following the base year. For
purposes of this contract, a week shall be defined as the period
of time consisting of Monday through Sunday during which there are
a minimum of six (6) performances of a Broadway first class show.
When the theater is being rented on a weekly basis the PRODUCER
will pay the CITY $750 .00 for an eighth day for move-in and
$1,500 .00 for the ninth and subsequent move-in days. CITY is
required to provide the PRODUCER with air conditioning only during
theatrical performances (show time) and not during rehearsals and
move-ins.
e. The base rental for each day the PRODUCER has use of the
theater for other than Broadway first class shows shall be the
CITY'S prevailing base rental per performance excluding the
percentage of the gate per performance. First class Broadway
shows which run for less than six performances are subject to this
base rental. The CITY maintains the right to rent the theater to
another lessee for portions of the same day on which PRODUCER is
presenting a show provided that such rental will not materially
interfere with the production of the PRODUCER'S show and will not
result in the PRODUCER incurring additional cost. The PRODUCER
will pay the CITY the full prevailing rental rate for each and
every move-in day for other than Broadway first class shows and
Broadway first class shows running less than six performances.
f. The PRODUCER shall pay to the CITY the sum of One
Thousand Five Hundred Dollars ($1 , 500) for each and every day less
than the minimum forty-eight (48) day requirement in paragraph 3c
as liquidated damages and not as a penalty.
g. The PRODUCER shall furnish to the CITY twenty (20) top
price complimentary tickets for the opening night of each show,
and ten (10) top price complimentary tickets for each additional
performance thereafter .
4. Technicians, stage hands, ticket sellers, ticket takers,
off duty police officers, off duty firefighters , ushers, and other
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personnel as needed shall be employed by the producer and shall be
considered , for the purpose of this agreement, the employees of
the PRODUCER, and the PRODUCER shall be responsible for the
payment of Wages , Workers' Compensation, Unemployment Insurance,
Social Security and Withholding Taxes. The CITY reserves the
right during the period of this contract to employ its own ushers ,
ticket takers, and window ticket sellers as needed in place of
PRODUCER'S employees with the exception of ticket telephone sales
and subscription sales. PRODUCER reserves the right not to use
CITY ticket sellers and shall be provided with two (2) ticket
windows seven (7) days a week if such right is exercised. In the
event that the CITY employs ticket takers , ticket sellers, ushers
and other personnel as needed the PRODUCER agrees to pay the CITY
competitive compensation for such services.
5 . The CITY shall not schedule one day theatrical
productions less than six days before or after any dates which
have been reserved by PRODUCER at the time such one day
presentation is scheduled.
6 . The CITY at its expense will furnish air conditioning
when required by the season, accidents and unavoidable delays
accepted, excepting rehearsals , move in and move out days as
provided for herein. The CITY shall also furnish at its expense
janitorial services and supplies, house lights, all lighting
available in TOPA and lighting equipment, and all available in
TOPA sound equipment and systems.
7 . The CITY agrees to furnish office space, if available,
in the Theater of Performing Arts at a yearly rental rate to
PRODUCER at $7 . 00 per square foot plus electricity and the State
of Florida rental tax which is currently 5% . The PRODUCER is
responsible for all maintenance , upkeep, and electricity of his
office space. Occupancy may be restricted during national
political conventions or other activities requiring security
precautions.
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8 . The PRODUCER agrees to procure and maintain in effect,
at his own expense, for each period of time during which he shall
have the right to possession of the said premises and facilities
under the terms and provisions of this agreement, public liability
insurance in the amount of $1,000 ,000 personal injury coverage and
$100 ,000 property damage coverage, said insurance also to hold
harmless, save, insure, protect, and indemnify the CITY and its
officials and employees from any and all suits, causes of action,
claims, obligations, demands , damages or liability which may
arise from or accrue by reason of the possession and use of the
said premises and facilities by the PRODUCER. The insurance
policies so provided shall contain provisions that the City
Insurance Manager shall receive not less than five days prior
written notice of any change, modification, alteration or
cancellation of said insurance. Said policy shall be subject to
the approval of the City Attorney and City Insurance Manager , and
shall be submitted by the PRODUCER not less than five days prior
to the date of the first presentation under the provisions of this
agreement. The insurance required hereunder shall be furnished by
insurance companies rated A:X or better according to A.M. Best' s
Key Rating Guide (latest edition) and who are duly authorized to
do business in Florida.
9 . The PRODUCER further agrees:
a. That all concessions or other rights and privileges as
to the serving or dispensing of food, beverages, candy and tobacco
or any other article sold or offered for sale dispensed or served
to the public, excluding the distribution of free programs in or
about the premises are retained by the CITY.
b. The said PRODUCER will not vend, sell, serve or
otherwise dispense beer , wine, or liquors, nor any other item
conflicting with the rights of the concessionaire upon said
premises.
10 . The PRODUCER further agrees to deposit with the CITY
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upon the execution and delivery of this instrument, Fifteen
Hundred Dollars ($1 ,500) which deposit shall be deemed a guarantee
and which deposit will be held by the CITY and may be applied to
any rentals cancelled without 105 days notice to the CITY or other
obligations of PRODUCER.
11. Payments to be made to the CITY by the PRODUCER shall be
made as follows:
a. The basic rental payment as set forth herein or
adjustment thereof shall be paid for the entire run of each show
on or before move in day.
b. The monthly rental plus tax for office space shall be
paid on or before the first day of each month.
c. All other charges shall be paid on or before move out
day.
d. Unless otherwise determined, this agreement is subject
to the State of Florida sales tax of 5% , and the PRODUCER shall
pay the same.
12. PRODUCER further agrees to furnish the CITY attendance
totals and any reasonable additional backup material necessary for
the CITY internal auditor to verify such attendance totals.
13 . This agreement may be modified from time to time by
mutual agreement of the parties, which said agreement shall be
reduced to writing and executed by the parties. Said modification
may be treated as an amendment to or a supplement to this
agreement.
14 . PRODUCER shall collect for the CITY One Dollar ($1. 00)
per ticket sold for the Community benefit in accordance with
Resolution Nos. 83-17447 and 84-17882.
15. Any and all contracts which are inconsistent with this
contract are rescinded and more specifically Zev Bufman
Entertainment Inc. ' s contract with the CITY, which was assigned to
MACCABEE INVESTMENTS INC. dated February 20 , 1980 , shall be
rescinded and become null and void on April 20 , 1985.
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IN WITNESSETH WHEREOF, the parties hereto have caused these
presence to be signed in their corporate names by their duly
authorized officers, their corporate seal is to be affixed, and
attested by their respective city clerk and secretary this t/-
day
ti-
day of7.1P1k-e_41,-/A-A/ , 1984 .
CITY OF MIAMI BEACH
/T1/
By: i (-'`._ C— C,_I('
/
MAYOR
ATTEST:
C teLx-,..4 ‘)-)? K-/----
CITY CLERK
MACCABEE INVESTMENTS INC.
EV BUFMAN, PRESIDENT
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ATTEST: -- -
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SECRETARY OF MACC BEE
INVESTMENTS INC.
APPROVED
LEGALD PT.
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B y r, )
Date
-8-
ORIGINAL
RESOLUTION NO. 84-17918
(Authorizing execution of agreement be-
tween the City of Miami Beach and Maccabee
Investments Inc. , granting the right to
Maccabee Investments Inc, , to present
Theatrical, dramatic, and musical per-
formances at the Miami Beach .Theater of
the performing arts, in the City of Miami
Beach, Florida)
T