Resolution 2022-32174 RESOLUTION NO. 2022-32174
A RESOLUTION OF THE MAYOR AND CITYCOMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE AMENDMENT NO. 5 TO THE MANAGEMENT
AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND LIVE NATION
WORLDWIDE, INC., FOR THE OPERATION AND MANAGEMENT OF THE
FILLMORE MIAMI BEACH AT THE JACKIE GLEASON THEATER, TO
SUSPEND THE TERM OF THE AGREEMENT DURING THE
CONTEMPLATED CLOSURE OF THE FACILITY NECESSITATED BY EARLY
WORK ON THE MBCC HOTEL PROJECT AND TO PRE-APPROVE THE
SECOND FIVE-YEAR RENEWAL TERM CONTEMPLATED BY THE
AGREEMENT; AND FURTHER APPROVING AMENDMENT NO. 1 TO THE
EARLY ACCESS AGREEMENT BETWEEN THE CITY AND MB MIXED USE
INVESTMENT, LLC TO CLARIFY MB MIXED USE INVESTMENT, LLC'S
EXISTING RESPONSIBILITY TO PAY FOR LIVE NATION'S COSTS AND
EXPENSES RESULTING FROM THE TEMPORARY CLOSURE OF THE
FILLMORE.
WHEREAS, on June 22, 2007, the City entered into a management agreement (the
"Original Agreement") with Live Nation Worldwide, Inc. ("Live Nation") to manage the Jackie
Gleason Theater of the Performing Arts (now named and known as the Fillmore Miami Beach at
the Jackie Gleason Theater) (the "Facility" or"Venue"); and
WHEREAS,the Management Agreement has been amended four times: on December 9,
2009 (the "First Amendment"), July 7, 2011 (the "Second Amendment"), May 6, 2016 (the "Third
Amendment"), and on March 10, 2021 (the "Fourth Amendment")(the Original Management
Agreement as so amended, the "Agreement").
WHEREAS, the Agreement provides for an initial term of ten (10) years and two 5-year
renewal options: the initial 5-year renewal option is at the discretion of Live Nation ("First Renewal
Term");the second 5-year renewal option may be exercised upon mutual agreement of the parties
("Second Renewal Term"), ; and
WHEREAS, at the end of the Initial Term, Live Nation exercised the First Renewal Term
pursuant to Section 3.2 (i)of the Agreement, commencing on September 1, 2017 and expiring on
August 31, 2022; and
WHEREAS, on December 9, 2009, the Mayor and City Commission adopted Resolution
No. 2009-27278, approving the First Amendment, to authorize Live Nation to extend its hours of
operation and sell alcohol at the Facility for a trial period, subject to conditions; and
WHEREAS, on April 13, 2011, the Mayor and City Commission adopted Resolution No.
2011- 27640, approving' Amendment No. 2 to the Agreement, to permanently approve the
extension of hours of operation and liquor sales at the Facility for the duration of the Management
Agreement; and
WHEREAS, on April 13, 2016, the Mayor and City Commission adopted Resolution No.
2016-29368, approving Amendment No. 3 to the Agreement (the "Third Amendment"), which
established the terms on which the City may remove the "Rehearsal Hall" from the Management
Agreement, should the City continue to pursue development of the Miami Beach Convention
Center Hotel Project (the "Hotel Project") and other related off-site improvements. The Third
Amendment also contemplates among other conditions, (1)financial and operational adjustments
related to Live Nation's operations of the Venue, including establishing the Required City
Distribution to be paid by Live Nation; (2) that a portion of the Facility and the surrounding area
may undergo construction, including modifications to the Facility's back of house, reconfiguration
of the Facility's loading docks, and upgrade of the fire alarm system (the"Facility Improvements");
and (3)that Live Nation shall receive a credit against amounts payable by Live Nation to the City
in the event Hotel Project construction activities result in (a)cancellation or relocation of an Event
or(b)for a continuous period of not less than twenty-four(24) hours, either(i) renders the Facility
inaccessible, (ii) render the Facility uninhabitable or unfit for use, or(iii) causes the cessation of
utilities at the Venue (collectively, "Material .Disruptions"). Specifically, the Third Amendment
stipulates that that if the City verifies that Live Nation is required to close the Facility due to
Material Disruptions then Live Nation is to receive a credit equal to the sum of the following
(collectively, the "Required Credit") (1) a pro-rated per-diem amount of the then-applicable
Required City Distribution ("RCD") for the duration of such closure; (2) a pro-rated per-diem
amount of all other fixed costs incurred by Live Nation to operate the Facility (net of the chilled
water credit stipulated in the Third Amendment), and (3) any and all out-of-pocket expenses
incurred by Live Nation in connection with the cancellation of Events, including without limitation,
talent guarantees, marketing costs and costs related to personnel; and
WHEREAS, on January 14, 2021 the Mayor and City Commission adopted Resolution
No. 2021-31546 approving the Fourth Amendment to the Management Agreement, extending the
first renewal term by the number of days corresponding to the days the Facility has been closed
due to the COVID-19 Pandemic; and adjusting the Required City Distribution payment to be
suspended and prorated to the days corresponding to the Facility's closure. Accordingly, on
• February 1, 2022, the City and Live Nation entered into a Memorandum of Understanding to
memorialize the Facility reopening date as November 14, 2021, thereby extending the current
term through April 27, 2024, and resuming the Required City Distribution payment in January
2022 in the amount of $407,196.42 after applying the corresponding credits in the amount of
$900,000.00, pursuant to Section 3.2 (b) of the Fourth Amendment to the Management
Agreement.
WHEREAS, on July 25, 2018, the Mayor and City Commission adopted Resolution No.
2018-30425, approving a lease agreement (the "Hotel Lease") between the City and MB Mixed
Use investment, LLC(the "Developer")approving the construction and development of the Miami
Beach Convention Center Hotel (the "Hotel Project") at the site defined in the Hotel Lease (the
"Site"); and
WHEREAS, on November 6, 2016, more than sixty percent (60%) of the voters voting
thereon in a City-wide referendum approved of the Hotel Lease as required by Section 1.03(b)(3)
of the City Code.
WHEREAS, on March 4, 2020, the City and the Developer entered into an early access
agreement (the "Early Access Agreement" or"EAA")to grant access to the Developer to the Site
and to certain other areas, including certain portions of the Facility, so that the Developer may
perform certain pre-construction activities (the "Early Work") that would accelerate the timeline
for construction of the Hotel Project. The Early Access Agreement further requires the City and
the Developer to reasonably cooperate with each other so that the Developer's activities under
the Early Access Agreement do not materially interfere with the loading dock or other ongoing
operations at the Facility; and the Developer agreed to indemnify the City for, among other things,
Live Nation's expenses associated with Material Disruptions.; and
WHEREAS, on February 4, 2022, in accordance with Sections 2(a)and 11(g)of the Third
Amendment, the City provided formal notice to Live Nation advising of the City's intent to
recapture possession of the Rehearsal Room on June 1, 2022 and of the expected
commencement of construction of the Facility Improvements and Hotel Project. Subsequently,
on February 8, 2022, the City hand delivered formal notice to Live Nation confirming the
construction commencement date of June 1, 2022; and
WHEREAS, the impact and benefits of commencing construction on June 1, 2022 have
been contemplated; and
WHEREAS, in anticipation of the construction of the Facility Improvements and Hotel
Project, and the foreseeability that Material Disruptions are unavoidable during the Early Work,
Live Nation, the City and the Developer believe that a temporary closure of the Facility (the
"Closure") will be a safer, more efficient and more cost-effective manner for the Developer to
expedite such portions of the Early Work as will most impact the Facility and its operations and
would be likely to cause Material Disruptions ("Closure Early Work"); and
WHEREAS, commencement of the Early Work on June 1, 2022 would allow the vertical
construction of the Hotel Project to occur a year sooner(currently targeted for spring 2023), and
for the expediting of the Facility Improvements stipulated in the Third Amendment; and
WHEREAS, the Third Amendment did not contemplate a temporary closure, so a Fifth
Amendment to Management Agreement is necessary to set forth the City's and Live Nation's
respective rights and obligations during the Closure; and
WHEREAS, the Developer has agreed, pursuant to an amendment of the Early Access
Agreement (the "EAA Amendment") to be executed by the Developer and the City concurrently
with the execution of the Fifth Amendment, to clarify the Developer's responsibility to pay for Live
Nation's expenses associated with the Closure (the "Reimbursable Expenses"); and
WHEREAS, the Fifth Amendment outlines the financial and operational adjustments
related to the Closure and the process for the Developer's reimbursement to Live Nation of the
Reimbursable Expenses; and
WHEREAS, pursuant to the EAA Amendment,the Developer shall indemnify the City from
and against any liability arising out of Developer's failure to pay the Reimbursable Expenses and
other amounts to be paid by the Developer to Live Nation pursuant to the EAA Amendment
WHEREAS, the Administration recommends approving the Fifth Amendment to the
Agreement and approval of the EAA Amendment to clarify the Developer's existing responsibility to
pay for Live Nation's costs and expenses resulting from the temporary closure of the Fillmore.
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 approves a fifth amendment to the Management Agreement between the City of
Miami Beach and Live Nation Worldwide, Inc., to provide for the closure of the Fillmore Miami
Beach at the Jackie Gleason Theater during the construction and development of the Miami
Beach Convention Center Hotel; with said fifth amendment including: (1) the terms, dates, and
length of closure of the Jackie Gleason Theater, (2) extension of the first renewal term, as
provided for in the initial management agreement between the parties, (3) adjustments to Live
Nation's financial obligations to the City during the closure, (4) provisions for reimbursements by
MB Mixed Use Investment, LLC and (5)pre-approval of the second 5-year extension term so long
as there is no default during the remainder of the first renewal term; and authorizes the City
Manager and City Attorney to take the necessary and appropriate steps to finalize the fifth
amendment; and further authorizes the Mayor and City Clerk to execute the fifth amendment to
the Management Agreement upon form approval by the City Attorney; and hereby further approve
a first amendment to the Early Access Agreement between the City of Miami Bach and MB Mixed
Use Investment, LLC to clarify the Developer's existing responsibility to pay for Live Nation's costs
and expenses resulting from the temporary closure of the Fillmore; and authorizes the City
Manager and City Attorney to take the necessary and appropriate steps to finalize the first
amendment; and further authorizes the Mayor and City Clerk to execute the first amendment to
the Early Access Agreement upon form approval by the City Attorney.
PASSED and ADOPTED this ,s day of MA?' 2022.
,62-71-----____.
ATTEST: 9= ? Dan Gelber, Mayor• :7R1
s 1NCORP OR `-ATED
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Rafael E. Granado, City Clerk
APPROVED AS TO
FORM &LANGUAGE
MAY 2 6` 2012 & FOR EXECUTION
•
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City Attorney Date
(Agenda Item R7 D
Date 5-.25-2Z.'
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Honorable Mayor Dan Gelber and Members of the City Commission
FROM: Alina T. Hudak, City Manag- i
DATE: May 25, 2022
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE AMENDMENT NO. 5 TO THE MANAGEMENT
AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND LIVE NATION
WORLDWIDE, INC., FOR THE OPERATION AND MANAGEMENT OF THE
FILLMORE MIAMI BEACH AT THE JACKIE GLEASON THEATER, TO
SUSPEND THE TERM OF THE AGREEMENT DURING THE CONTEMPLATED
CLOSURE OF THE FACILITY NECESSITATED BY EARLY WORK ON THE
MBCC HOTEL PROJECT; AND FURTHER APPROVING AMENDMENT NO. 1
TO THE EARLY ACCESS AGREEMENT BETWEEN THE CITY AND MB MIXED
USE INVESTMENT, LLC TO CLARIFY MB MIXED USE INVESTMENT, LLC'S
EXISTING RESPONSIBILITY TO PAY FOR LIVE NATION'S COSTS AND
EXPENSES RESULTING FROM THE TEMPORARY CLOSURE OF THE
FILLMORE.
BACKGROUND
On June 22, 2007, the City entered into a Management Agreement with Live Nation Worldwide,
Inc. ("Live Nation") to manage the Jackie Gleason Theater of the Performing Arts, now named
and known as the Fillmore Miami Beach at the Jackie Gleason Theater(the"Facility"or"Venue").
The Original Management Agreement has been amended four times: on December 9, 2009(the
"First Amendment"), July 7, 2011 (the "Second Amendment"), May 6, 2016 (the "Third
Amendment"), and on March 10, 2021 (the "Fourth Amendment", the Original Management
Agreement as so amended, the "Management Agreement"). The Management Agreement
provides for an initial term of ten(10)years,commencing on June 22,2007,and ending on August
31, 2017. The Management Agreement also provides for two 5-year renewal options: the initial
5-year renewal option is at the discretion of Live Nation ("First Renewal Term"); the second 5-
year renewal option may be exercised upon mutual agreement of the parties ("Second Renewal
Term"). In November 2016, pursuant to Section 3.2(i)of the Management Agreement, Live Nation
exercised the.First Renewal Term, commencing on September 1, 2017 and expiring on August
31, 2022.
On December 9, 2009, the Mayor and City Commission adopted Resolution No. 2009-27278,
approving the First Amendment, which permitted Live Nation to extend hours of operation and
offer liquor sales at the Venue for a trial period, subject to conditions.
City Commission Memorandum
Amendment to Live Nation Management
Agreement and Amendment to MB Mixed Use
Investment Early Access Agreement
Page 2 of 5
On April 13, 2011, the Mayor and City Commission adopted Resolution No. 2011-27640,
approving the Second Amendment to the Management Agreement, which incorporated the
extended hours of operation and liquor sales for the duration of the Management Agreement.
On April 13, 2016, the Mayor and City Commission adopted Resolution No. 2016-29368,
approving the Third Amendment to the Management Agreement,which established the terms on
which the City may remove the"Rehearsal Room"from the Management Agreement, should the
City continue to pursue development of the Miami Beach Convention Center Hotel (the "Hotel
Project") and other related off-site improvements. The Third Amendment also contemplates
among other conditions, (1) financial and operational adjustments related to Live Nation's
operations of the Venue, including establishing the Required City Distribution to be paid by Live
Nation; (2) that a portion of the Facility and the surrounding area may undergo construction,
including modifications to the Facility's back of house, reconfiguration of the Facility's loading
docks,and upgrade of the fire alarm system(the"Facility Improvements");and(3)that Live Nation
shall receive a credit against amounts payable by Live Nation to the City in the event Hotel Project
construction activities result in (a) cancellation or relocation of an Event or(b)for a continuous
period of not less than twenty-four(24)hours,either(i)renders the Facility inaccessible,(ii)render
the Facility uninhabitable or unfit for use, or (iii) causes the cessation of utilities at the Venue
(collectively,"Material Disruptions"). Specifically,the Third Amendment stipulates that that if the
City verifies that.Live Nation is required to close the.Facility due to Material Disruptions then Live
Nation is to receive a credit equal to the sum of the following (collectively, the "Required Credit")
(1)a pro-rated per-diem amount of the then-applicable Required City Distribution ("RCD")for the
duration of such closure;(2)a pro-rated per-diem amount of all other fixed costs incurred by Live
Nation to operate the.Facility(net of the chilled water credit stipulated in the Third Amendment),
and (3) any and all out-of-pocket expenses incurred by Live Nation in connection with the
cancellation of Events, including without limitation, talent guarantees, marketing costs and costs
related to personnel.
On January. 14, 2021 the Mayor and: City Commission adopted Resolution No. 2021-31546
approving the Fourth Amendment to the'Management Agreement, extending the first renewal
term by the number of days corresponding to the days the Facility has been closed due to the
COVID-19 Pandemic; and adjusting the Required City Distribution paymentto be suspended and
prorated to the days corresponding to the Facility's closure. Accordingly, on February 1, 2022,
the City and Live.Nation entered into a Memorandum of Understanding to memorialize the Facility
reopening date as November 14,2021,thereby extending the current term through April 27,2024,
and resuming the Required City Distribution payment in January 2022 in the amount of
$407,196.42 after applying the corresponding credits in the amount of$900,000.00, pursuant to
Section 3.2(b)of the Fourth Amendment to the Management Agreement.
Separate from the Management Agreement, on July 25, 2018, the Mayor and City Commission
adopted Resolution No. 2018-30425,approving a lease agreement(the "Hotel Lease") between
the City and MB Mixed Use Investment, LLC (the "Developer")approving the construction and
development of the Miami Beach Convention Center Hotel(the"Hotel Project")at the site defined
in the Hotel Lease(the"Site").
On November 6,2016, more than sixty percent(60%)of the voters voting thereon in a City-wide
referendum approved of the Hotel Lease as required by Section 1.03(b)(3)of the City Code.
City.Commission Memorandum
Amendment to Live Nation Management
Agreement and Amendment to MB Mixed Use.
Investment Early Access Agreement
Page 3 of 5
Thereafter, on March 4,2020, the City and MB Mixed Use Investment, LLC entered into an early
access agreement(the"Early.Access Agreement" or EAA)to grant the Developer access to the
Site and to certain other areas, including certain portions of the Facility, so that the Developer
may perform certain pre-construction activities (the "Early Work") that would accelerate the
timeline for construction of the Hotel Project. The Early Access Agreement further requires the
City and the Developer to reasonably cooperate with each other so that the Developer's activities
under the Early Access Agreement do not materially interfere with the loading dock or other
ongoing operations at the Facility;.and the Developer agreed to indemnify the City for, among
other things, Live Nation's expenses associated with Material Disruptions.
On February 4, 2022, in accordance with the Sections 2(a) and 11(g)of the Third Amendment,
the City provided formal notice to Live Nation advising of the City's intent to recapture possession
of the Rehearsal Room on June 1, 2022 and of the expected commencement of construction of
the Facility Improvements and Hotel Project. Subsequently, on February 8, 2022, the City hand
delivered formal notice to Live Nation confirming the construction commencement date Of June
1, 2022.
ANALYSIS
The impact and benefits of commencing construction in June 2022 have been contemplated. In
anticipation of the construction of the Facility Improvements and Hotel Project, and the
foreseeability that Material Disruptions are unavoidable during the Early Work; Live Nation, the
City and the Developer believe that a temporary closure of the Facility (the "Closure")will be a
safer, more efficient, and,more cost-effective manner for the Developer to expedite such portions
of the Early Work as will most impact the Facility and its operations("Closure Early Work").
Commencement of the Early Work on June 1, 2022 would allow the vertical construction of the
Hotel Project to occur a year sooner('currently targeted for spring 2023).Additionally,the Facility
Improvements stipulated in the Third Amendment would also be expedited. As the Third
Amendment did not contemplate a temporary closure, a Fifth Amendment to the Management
Agreement is necessary to set forth the City's and Live Nation's respective rights and obligations
during the Closure. Concurrent with the execution of the Fifth Amendment,the City will execute
a First Amendment.t'o the Early Access Agreement("EAA Amendment')to clarify the Developer's
responsibility to indemnify the City for Live Nation's costs and expenses resulting from the
temporary closure of the Fillmore. The obligation to reimburse Live Nation for the expenses
associated with the Closure (the "Reimbursable Expenses"). The Fifth Amendment to the
Management Agreement outlines the financial and operational adjustments related to the Closure
and the process for the Developer's reimbursement to Live Nation of the Reimbursable Expenses,
based upon the following essential terms:
1) The Facility will be closed temporarily commencing on June 1, 2022 (the"Closure Date").
Live Nation shall cancel, reschedule, or relocate any performances that are on the books
from and after the Closure Date.
2) The Developer shall provide a notice to Live Nation 90 days ahead of its anticipated date
to achieve Substantial Completion for the Closure Early Work(the"90-Day Notice").
3) Until Live Nation receives the Substantial Completion Notice Live Nation shall not book
any performances or events that cannot be canceled without payment of any fees.
City Commission Memorandum
Amendment to Live Nation Management
Agreement and Amendment to MB Mixed Use
investment Early Access Agreement
Page 4 of 5
4) It is anticipated the Closure will last for approximately 12 months but may require a shorter
or longer period. In any event,the Developer must achieve Substantial Completion of the
Closure Early Work by or before August 31, 2023 (the "Closure Outside Date"). The
Closure Outside Date will be subject to extension as a result of Unavoidable Delay,which
will be defined narrowly to mean a Force Majeure Event(as such term is defined in the
Hotel Lease) that otherwise would render the Facility inoperable even if Facility
Improvements were not in progress.
5.) During the Closure, the City will provide to Live Nation monthly updates regarding the
Developer's progress.
6) The City shall extend the current term of the Management Agreement by the length of the
Closure plus an additional 180 days to enable Live Nation a. reasonable period within
which to restore its business at the Facility.
7) In lieu of a credit,the City will suspend Live Nation's obligation to pay the RCD during the
Closure. Any prepaid RCD, however, will be credited.
8) Pursuant to the EAA Amendment, the Developer will reimburse Live Nation for the
reasonable, out-of-pocket expenses actually incurred by Live Nation in connection with
the Closure,consisting of:(i)talent guarantees,(ii)marketing costs,(iii)continuing building
utilities, maintenance and operating expenses (e.g., electric, water, pest control, security
alarm monitoring, HVAC maintenance, escalator/elevator maintenance, etc.), and (iv) a
percentage of the salaries for personnel who remain employed by Live Nation during the
Closure that is based upon time spent performing tasks that are related to the Facility(the
foregoing expenses are referred to herein as"Reimbursable Expenses").
9) Live Nation will invoice the Developer directly for the Reimbursable Expenses monthly.
10)Pursuant to the EAA Amendment,the Developer shall indemnify the City from and against
any liability arising out of Developer's failure to pay the Reimbursable Expenses and other
amounts to be paid by the Developer to Live Nation pursuant to the EAA Amendment.
11)In consideration.of Live Nation's cooperation in connection with the Closure, the City will
agree to approve the Second Renewal Term.(5 years)contemplated by the Management
Agreement so long as there is no event of default by Live Nation during the remainder of
the First Renewal Term.
CONCLUSION
The Facility's closure would be a temporary, but continuous pause of events to expedite the
Facility Improvements. By accelerating the construction at the Facility, it can be returned to Live
Nation for events with less risk of Material Disruptions due to construction phasing. Additionally,
the financial impact Live Nation experiences resulting from the Early Closure Work would be paid
by the Developer.
The Fifth Amendment to the Management Agreement and the First Amendment to the Early
Access Agreement, would 1) expedite construction so Live Nation can re-open quickly; 2)
City Commission Memorandum
Amendment to Live Nation Management
Agreement and Amendment to MB Mixed Use
Investment Early Access Agreement
Page 5 of 5
•
complete.Early Work so the Hotel Project construction can commence one year in advance, by
spring 2023; and 3) align both agreements with the Development Agreement of the Hotel, as
approved by the voters in the 2018 referendum.
RECOMMENDATION
Based upon the foregoing,,the Administration recommends that the Mayor and City Commission
adopt the Resolution approving Amendment No. 5 to the Management Agreement between the
City and Live Nation Worldwide, Inc.for the operation and management of the Facility,to suspend
the term of the Agreement during the contemplated closure of the Facility necessitated by the
Hotel Early Work. Furthermore,the Administration recommends the Mayor and City Commission
further approve Amendment No. 1 to the Early Access Agreement between the City and MB Mixed
Use Investment, LLC to clarify the Developers existing responsibility to pay for the losses and
expenses resulting from Material Disruptions to the operations at the Facility.
Attachments
Resolution
Resolutions - R7 D
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: May 25,2022
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE, IN THE FORM ATTACHED TO THIS
RESOLUTION AS EXHIBIT A, AMENDMENT NO. 5 TO THE MANAGEMENT
AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND LIVE NATION
WORLDWIDE, INC., FOR THE OPERATION AND MANAGEMENT OF THE
FILLMORE MIAMI BEACH AT THE JACKIE GLEASON THEATER, TO
SUSPEND THE TERM OF THE AGREEMENT DURING THE
CONTEMPLATED CLOSURE OF THE FACILITY NECESSITATED BY
EARLY WORK ON THE MBCC HOTEL PROJECT; AND FURTHER
APPROVING AMENDMENT NO. I TO THE EARLY ACCESS AGREEMENT
BETWEEN THE CITY AND MB MIXED USE INVESTMENT, LLC TO
CLARIFY MB MIXED USE INVESTMENT, LLC'S EXISTING
RESPONSIBILITY TO INDEMNIFY THE CITY FOR LOSSES AND COSTS
RESULTING FROM MATERIAL DISRUPTIONS TO THE OPERATIONS AT
THE FILLMORE.
(ITEM TO BE SUBMITTED IN SUPPLEMENTAL)
SUPPORTING SURVEY DATA
n/a
FINANCIAL INFORMATION
n/a
Applicable Area
South Beach
Is this a "Residents Right Does this item utilize G.O.
to Know" item, pursuant to Bond Funds?
City Code Section 2-14?
No No
Strategic Connection
Non-Applicable
Page 97 of 114
Legislative Tracking
Facilities and Fleet Management
Page 98 of 114