95-21682 Reso RESOLUTION NO. 95-21682
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA PROVIDING
THAT LINCOLN ROAD CINEMA, LTD. ("LRC") SHALL
PRESENT TO THE CITY, NO LATER THAN SEPTEMBER
13, 1995, A CONCEPT AGREEMENT PERTAINING TO THE
LINCOLN ROAD MOVIE THEATER PROJECT WHICH IS
ACCEPTABLE TO THE CITY, THE MIAMI BEACH
REDEVELOPMENT AGENCY AND LRC OR, IF NOT
ACCEPTABLE, PROVIDING THAT THE CITY WILL
CONSIDER TERMINATING NEGOTIATIONS WITH LRC.
WHEREAS, in July of 1994, the Miami Beach Redevelopment Agency ("RDA")
Board ranked individuals and entities comprising Lincoln Road Cinema, Ltd. ("LRC") as
the number one bidder in response to the Lincoln Road Movie Theater Request for
Proposals; and
WHEREAS, the RDA and the City have been engaged in negotiations with LRC
relating to a proposed Lincoln Road Movie Theater Concept Agreement (the "Agreement")
to develop the movie theater and retail complex proposed in the bid; and
WHEREAS, the RDA, the City and LRC have been unable to conclude their
negotiations on the Agreement in time to present the Agreement for a vote by the RDA on
July 26, 1995; and
WHEREAS, approximately one year has elapsed since selection of the number one
bidder by the RDA Board; and
WHEREAS, the RDA and the City have given considerable flexibility to LRC in
terms of timing, bidding irregularities and allowable modifications; and
WHEREAS, LRC has requested additional time to attempt to arrive at an agreement
acceptable to the RDA, the City and LRC.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that Lincoln Road Cinema,
Ltd. ("LRC") shall present to the City no later than September 13, 1995 a concept
agreement pertaining to the Lincoln Road Movie Theater project acceptable to the Miami
Beach Redevelopment Agency, the City of Miami Beach and LRC or, if not acceptable, that
the City will consider terminating negotiations with LRC.
PASSED and ADOPTED this 26th • _ of July 1995.
1 / /
il s
AYOR
ATTEST:
FORM APPROVED
•
LEGAL DEPT.
ITY CLERK By J � -
Date
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO. ea,as-(;)S
TO: Mayor Seymour Gelber and
Members of the City Commission DATE: July 26, 1995
FROM: Jose Garcia-Pedrosa
fi/ j
City Manager ff,/
SUBJECT: A RESOLUTION ;OF THE MAYOR AND COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA PROVIDING THAT LINCOLN ROAD CINEMA,
LTD. ("LRC") SHALL PRESENT TO THE CITY, NO LATER THAN
SEPTEMBER 13, 1995, A CONCEPT AGREEMENT PERTAINING TO THE
LINCOLN ROAD MOVIE THEATER PROJECT WHICH IS ACCEPTABLE TO
THE CITY, THE MIAMI BEACH REDEVELOPMENT AGENCY AND LRC
OR, IF NOT ACCEPTABLE, PROVIDING THAT THE CITY WILL
CONSIDER TERMINATING NEGOTIATIONS WITH LRC
RECOMMENDATION:
The Administration recommends that the Commission provide Lincoln
Road Cinema, Ltd. until September 13 , 1995 to execute a Concept
Agreement for development of the Lincoln Road Movie Theater
Project .
BACKGROUND
The Negotiating Team for the Lincoln Road Movie Theater Project
finalized a draft Concept Agreement on June 29, 1995 and presented
the document to Lincoln Road Cinema, Ltd. One negotiating session
was held on July 13 , 1995 at the offices of Ramon Rasco, outside
counsel to the City of Miami Beach/Miami Beach Redevelopment
Agency. It was evident at that meeting that the parties were
significantly apart on major business issues . A subsequent
telephone call on July 18, 1995 by the principals confirmed the
existence of significant differences which could not be resolved
for the consideration of a Concept Agreement at the July 26th, 1995
Commission meeting. The developers are requesting deferral to
September 13 , 1995 in order to have additional time to negotiate .
AGENDA ITEM
DATE .7—2kt-9 S
ANALYSIS:
The negotiating team is not optimistic that agreement can be
reached on business terms, however should the Commission feel it
appropriate to move ahead, the negotiating team will diligently
pursue an agreement for a September 13 , 1995 Commission meeting
date .
The previously scheduled workshop of July 24 , 1995 was cancelled
based on the lack of progress. A September date will be scheduled
prior to the 13th meeting.
The negotiating team and the Commission have given considerable
flexibility to the developer in terms of timing, bidding
irregularities and allowable modifications. The September 13, 1995
date should be a "drop dead" date. If agreement cannot be reached
by then, the team feels that the project should be terminated.
CONCLUSION:
The Commission is requested to allow Lincoln Road Cinema, Ltd.
until September 13 , 1995 to execute a Concept Agreement for
development of the Lincoln Road Movie Theater Project .
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