95-21748 Reso RESOLUTION NO. 95-21748
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA TERMINATING
NEGOTIATIONS WITH LINCOLN ROAD CINEMA, LTD.
WITH REGARD TO THE PROPOSED LINCOLN ROAD
MOVIE THEATER PROJECT, THE LINCOLN ROAD MOVIE
THEATER CONCEPT AGREEMENT AND THE BID
SUBMITTED BY THE INDIVIDUALS AND ENTITIES
COMPRISING LINCOLN ROAD CINEMA, LTD. IN
RESPONSE TO THE MULTIPLEX MOVIE THEATER ON
LINCOLN ROAD REQUEST FOR PROPOSALS.
WHEREAS, in July of 1994, the Mayor and City Commission of the City of Miami
Beach, Florida (the "City") ranked individuals and entities comprising Lincoln Road
Cinema, Ltd. ("LRC") as the number one bidder in response to the Multiplex Movie Theater
on Lincoln Road Request for Proposals; and
WHEREAS, the City has 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, more than one year has elapsed since selection of the number one
bidder by the Mayor and City Commission; and
WHEREAS, the City has given considerable flexibility to LRC in terms of timing,
bidding irregularities and allowable modifications; and
WHEREAS, on July 26, 1995, the Mayor and City Commission adopted Resolution
No. 95-21682 (copy attached) generally providing that, if the Miami Beach Redevelopment
Agency ("RDA"), the City and LRC are unable to agree on the terms of the Agreement by
September 13, 1995, the City will consider terminating negotiations with LRC; and
WHEREAS, the date of September 13, 1995 referenced in the preceding paragraph
was extended to September 27, 1995, to allow time to obtain an appraisal of the City
property to be involved in the project; and
WHEREAS, the RDA, the City, and LRC have met and the parties are unable to
agree to the terms of the proposed Agreement; and
WHEREAS, because the parties are unable to agree to the terms of the proposed
Agreement, the City is recommending termination of negotiations with LRC.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that negotiations with Lincoln
Road Cinema, Ltd. are hereby terminated with regard to the proposed Lincoln Road Movie
Theater project, the Lincoln Road Movie Theater Concept Agreement and the bid
submitted by the individuals and entities comprising Lincoln Road Cinema, Ltd. in
response to the Multiplex Movie Theater on Lincoln Road Request for Proposals.
PASSED and ADOPTED this 27th day of Se tember , 1995.
MAYOR
ATTEST:
FORM APPROVED
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LEGAL
Q (' i
Y CLERK By 4� - f �-
Date - . Lt, 9S
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RESOLUTION NO, 95-21682
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH,
LTDR(DA LRCROSHALL
DING
THAT LINCOLN ROAD CINEMA,
PRESENT TO THE CITY, NO LATER THAN SEPTEMBER
13, 1995, A CONCEPT AGREEMENT PERTAINING TO THE
LINCOLN ROAD MOVIE THEATER THEOJECT M AMIN BEACH
CH IS
REDEVELOPMENTACCEPTABLE TO THE ,
REDEVELOPMENT AGENCY THAT THE ND LRC OC TY WILL,
T
ACCEPTABLE, PROVIDI
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.
/ J
•YOR
ATTEST:
r
FORM APPROVED
. I LEGAL DEPT.
dI I CLERK
Date
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2
•
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO. 1 CI
TO: Mayor Seymour Gelber and
Members of the City Commission DATE: September 27 , 1995
FROM: Jose Garcia-Pedrosa
City Manager
SUBJECT: A RESOLUTION 0 E MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA TERMINATING NEGOTIATIONS
WITH LINCOLN ROAD CINEMA, LTD. WITH REGARD TO THE
PROPOSED LINCOLN ROAD MOVIE THEATER CONCEPT
AGREEMENT AND THE BID BY THE INDIVIDUALS AND ENTITIES
COMPRISING LINCOLN ROAD CINEMA, LTD. IN RESPONSE TO THE
MULTIPLEX MOVIE THEATER ON THE LINCOLN ROAD REQUEST
FOR PROPOSALS.
ADMINISTRATION RECOMMENDATION:
It is recommended that the Mayor and City Commission adopt the attached resolution terminating
negotiations with Lincoln Road Cinema,Ltd. (LRC) unless LRC accepts,no later than September
26, 1995,the business terms as embodied in the current draft of the concept agreement.
BACKGROUND:
Since July of 1994,the City of Miami Beach has been in discussions with the principals of Lincoln
Road Cinema,Ltd.("LRC")to develop a theater project consistent with the RFP award. Over a year
has passed,and the City,the Redevelopment Agency and LRC have not reached agreement on all
the business terms of the transaction.
ANALYSIS:
The attached letter from Ramon Rasco,the City/Redevelopment Agency's outside counsel, to Peter
Tunis, counsel for Lincoln Road Cinema, Ltd., outlines the City/RDA's position. The
Administration is recommending termination of negotiations with LRC unless LRC accepts,no later
than September 26, 1995, the business terms, as embodied in the current draft of the concept
agreement.
The Administration will seek the input of the Lincoln Road Partnership as to what steps will be taken
next, including:
❑ whether the City should consider the second ranked development team;
AGENDA ITEM R - '-
DATE 9-2 1- /5