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RESOLUTION 92-20459 RESOLUTION NO. 92-20459 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA APPROVING THE TERMS OF THE CONCEPTUAL AGREEMENT RECOMMENDED BY THE ADMINISTRATION WITH PTG-FLORIDA, INC. PROVIDING FUNDING FOR MODIFICATIONS TO THE FIXED LIGHT BRIDGE IN THE JACKIE GLEASON THEATER OF THE PERFORMING ARTS AND SCHEDULING PRESENTATION OF "THE PHANTOM OF THE OPERA" IN 1995; SUBJECT TO FINAL NEGOTIATION OF A LEASE CONTRACT AND APPROVAL OF SAID CONTRACT BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH. WHEREAS, the Administration and PTG-Florida, Inc. (PTG) have negotiated a conceptual agreement to be recommended to the City Commission for approval that will permit PTG to present "The Phantom of the Opera" at the Jackie Gleason Theater of the Performing Arts (TOPA) in 1995 ; and, WHEREAS, A conceptual agreement between the City and PTG is necessary because presentation of this show at TOPA requires modifications to the fixed light bridge in the theater and announcement of dates by the producer before an agreement can be fully negotiated and signed; and, WHEREAS, a copy of the outline of the terms of the conceptual agreement is attached hereto as Attachment "A" ; and, WHEREAS, The current contract with PTG will expire in June 1993 and negotiations for renewal of this contract will soon be J scheduled; and, WHEREAS, the Administration is desirous of a separate contract for the "The Phantom of the Opera" show only; and, WHEREAS, the contract with Spectacor Management Group, Inc. (SMG) for the management and operations of the convention center and theater will expire in December 1993 , and accordingly SMG is not permitted to execute a contract for 1995 ; and, WHEREAS, SMG recommends the conceptual agreement set forth in Attachment "A" ; and, WHEREAS, the Community Benefit Committee (CBC) for the Performing Arts, at their January 30, 1992 meeting, adopted a motion providing for the CBC's one dollar ($1. 00) surcharge for that performance only be dedicated to funding the improvements to TOPA, providing that PTG makes available to the senior citizens eighty (8 0) tickets for each performance at a price of fifteen dollars ($15. 00) each and providing the City Commission approves this action, as set forth in Attachment "B" ; and, WHEREAS, based on attendance estimates, the proceeds from the abovement i oned surcharge is expect.<<:d to gross $125, 000 ; and, WHEREAS, the Convention Center Advisory Board, at their February 12 , 1992 meeting, adopted a motion recommending the adoption of this resolution by the City Commission. 1 • Page -2- NOW THEREFORE BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, the City Commission of the City of Miami Beach, Florida, hereby approves the terms of the conceptual agreement as outlined in Attachment "A" , with the PTG- Florida, Inc. for the presentation of "The Phantom of the Opera" at the Jackie Gleason Theater of the Performing Arts in 1995 subject to final negotiations of a lease contract for that show only and approval by the City Commission of the City of Miami =each. Al! PASSED and ADOPTED this 19th day o. February X992 004, " r ,f 4 MAYOR ATTEST: 1111! ----4J,,,,,1_ ET1,nsw CITY CLERK FORM APPROVED: ‹:::;7 - .,/ „ (_____, e4L-e.-....., )2 ri----.........-- CITY ATTORNEY ..v�'• "2._. FUNDING APPROVED: tits , q� a , ,GEMENT A D UDGET PFL:me ATTACHMENT "A" TERMS OF A CONCEPTUAL AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND PTG-FLORIDA, INC. AND THE CITY OF MIAMI BEACH FOR PRESENTING "THE PHANTOM OF THE OPERA" AT THE JACKIE GLEASON THEATER OF THE PERFORMING ARTS IN 1995 1. STRUCTURAL IMPROVEMENT - Structural improvement to the theater involves modification to the fixed light bridge making it removable. 2 . ESTIMATED COST - Based on preliminary drawings and cost estimates, the total cost for this modification is estimated at $225, 000 . 3 . TIME FRAME FOR IMPROVEMENT - Improvements can be made during the dark periods of 1992 , 1993 or 1994 without disrupting booked dates. 4 . FUNDING FOR THE IMPROVEMENT - Funding for the improvement would be made by a cash advance from the TOPA bond fund to be repaid as follows: Cash Advance for Construction $225, 000 Less: PTG Cash Contribution°) (60, 000) Full Move In/Out Rent(2) (40, 000) Balance $125, 000 Less: Contribution of the CBC's $1 surcharge from "Phantom" estimated @ $1 x 125, 000°) (125, 000) Balance $ -0- Notes: 1. PTG will make a cash contribution of $60, 000 towards the cost for improvement upon all parties signing all documents relating to the "Phantom" . 2 . PTG will pay full rent ($40, 000) for duration of Move In/Out (21/2 weeks) . 3 . Community Benefits Committee for the Performing Arts (CBC) adopted a motion to contribute entire proceeds from $1 surcharge for "Phantom" towards improvements if PTG would make available 80 tickets at $15. 00 each per performance to the senior citizens of Miami Beach and providing it was legal and approved by the City Commission. 5. LIABILITIES - A. PTG will be liable for reimbursing the City of Miami Beach for the entire cost for improvements, if improvements are made and "The Phantom of the Opera" is not presented at TOPA during 1995 . (City will request a form of security to secure this obligation. ) B. Final plans for improvements must be approved by the producers of "Phantom of the Opera" . Any changes requested by the producers after final approval will be the liability of the producers. 6. EXCLUSIVE - This conceptual agreement relates only to the funding for the structural improvements and does not relate to other terms and conditions for the rental of TOPA for the performance. r ATTACHMENT "A" (Continued) Page 2 of 1 7 . TICKETS - PTG will make available to the City of Miami Beach, 100 tickets for each of the 51 scheduled performances. Tickets will carry a value of fifteen dollars ($15) and all proceeds from the sale of these tickets must be reimbursed to PTG. Eighty (80) of these tickets will be offered to senior citizens of Miami Beach. There will be no further reimbursement to PTG as is customary. 8 . TENTATIVE DATES Move In May 17 - May 26, 1995 Show May 27 - July 1, 1995 Move Out July 2 - July 5, 1995 9 . RIGHT OF CITY TO TERMINATE - The lease with PTG for this show shall provide that the City will have the right to terminate the lease in the event that the lowest and best bid for the improvements exceed the $225, 000 budget by more than 15% unless PTG agrees to fund the excess amount. a ATTACHMENT "B" Resolution CBC Meeting of Thursday, January 30, 1992 The CBC Committee recommends, subject to the approval of the City Commission, to an amendment of Resolution #83-17447 to allow the $1. 00 surcharge from this particular show, Phantom of the Opera, to be used for the purpose of helping to defray the cost of modifying the Jackie Gleason Theater, provided that eighty (80) tickets are provided for the senior citizens at $15. 00 each and that a complete package is presented to the satisfaction of the City Commission. /nj 2/6/92 rti_..s -..C.ti+o....c r..t►..:aariL:.:i.a......._w........-.....,:n.,r:.+J-....._--- - `... ..-. .< ..•.. .. ___ __... - ..- • • CITY OF MIAMI BEACH ( ;1 CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010 FAX: (305) 673-7782 COMMISSION MEMORANDUM NO. Aoditgo DATE: February 19, 1992 TO: Mayor Seymour Gelber and Members of the City Commission FROM: Carla Bernabei Talarico " 'rte City Manager SUBJECT: A RESOLUTION APPROVING THE TERMS OF A CONCEPTUAL AGREEMENT BETWEEN THE CITY AND PTG-FLORIDA, INC. FOR PRESENTING THE PHANTOM OF THE OPERA AT THE JACKIE GLEASON THEATER OF THE PERFORMING ARTS IN 1995 The Administration and PTG-Florida, Inc. (PTG) have negotiated a conceptual agreement that is being recommended to the City Commission for approval. This approval will permit PTG to schedule and present "The Phantom of the Opera" at the Jackie Gleason Theater of the Performing Arts (TOPA) in 1995. A conceptual agreement is necessary because presentation of this show at TOPA require modifications to the fixed light bridge in the theater and announcement of dates by the producer before an agreement can be fully negotiated and signed. The current contract with PTG will expire in June 1993. Negotiations for renewing this contract will soon be scheduled; however, a separate contract will be negotiated for the"The Phantom of the Opera" show only. In addition, the contract with Spectacor Management Group,Inc. (SMG) for the management and operations of the convention center and theater will expire in December 1993, and accordingly SMG is not permitted to execute a contract for 1995. Further, the producers are desirous of a specific South Florida venue to be used in their upcoming press release and unless there is a conceptual agreement regarding the improvements, they would be forced to seek an alternate venue. Alternate venues are: Dade County Auditorium, Broward Center for the Performing Arts Center, and Kravis Center for the Performing Arts, West Palm Beach. Funding for this improvement is critical to the agreement. Initial proposals regarding various funding mechanisms have been made by PTG to two of the City's Boards: the Community Benefit Committee for the Performing Arts and the Convention Center Advisory Board. Both boards passed motions encouraging the City to have TOPA designated as the south Florida venue. A copy of the CBC's resolutions is attached. Also attached is a letter from PTG-Florida, Inc. agreeing to the terms of the conceptual agreement. ADMINISTRATION RECOMMENDATION • The Administration recommends that the City Commission adopt the attached resolution approving the terms of the conceptual agreement between the City and PTG-Florida, Inc. for presenting the "The Phantom of the Opera" at the Jackie Gleason Theater of the_ 3S Performing Arts in 1995. .: PFL:me AGENDA 4, Aik pi ITEM • • DATE sit'faL, ORIGINAL RESOLUTION NO. 92-20459 Approving the terms of the conceptual agreement recommended by the administration F. with PTG-Florida, Inc, providing funding . • for modifications to the fixed light bridge in the Jackie Gleason Theater of the Performing Arts and scheduling prsentation of "The Phantom of the Opera" in 1995; subject to final negotiation of a lease contract and approval of said contract by the City Commission of the City of Miami Beach. • 11.1141* . I