95-21798 Reso RESOLUTION NO. 95-21798
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA,APPROVING A FIRST AMENDMENT TO
THE AGREEMENT BETWEEN SPECTACOR
MANAGEMENT GROUP (SMG)AND PTG FLORIDA,
INC. (PTG) FOR PTG'S USE OF THE JACKIE
GLEASON THEATER OF THE PERFORMING ARTS
TO PRESENT BROADWAY QUALITY SHOWS AT
THE THEATER, AND AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE THE
AMENDMENT.
WHEREAS, on May 6, 1992,the Mayor and City Commission adopted Resolution No.92-
20504, approving an agreement between Spectacor Management Group (SMG) and PTG Florida,
Inc. (PTG)for the production of Broadway-quality shows by PTG at the Jackie Gleason Theater of
the Performing Arts; and
WHEREAS, the initial term of the Agreement was for three (3) theatrical seasons,
commencing on July 1, 1993 and ending on June 30, 1996; and
WHEREAS,the Agreement also provides for two (2)one-year renewal options, which are
subject to the prior approval of the City, at its sole discretion; and
WHEREAS, in anticipation of the expiration of the Agreement, and in its desire to continue
to have PTG presenting first-class Broadway-caliber shows at the Jackie Gleason Theater of the
Performing Arts,the Administration has been negotiating with PTG and would recommend that the
Mayor and City Commission herein approve both one-year renewal options under the Agreement
at this time, subject to the terms and conditions contained in the attached Amendment to Agreement;
and
WHEREAS, the attached Amendment was also presented to the Convention Center
Advisory Board at its October 19, 1995 meeting, and the Board voted to accept the Amendment,
especially recommending that the Agreement between Spectacor and PTG be renewed at this time
for the full two-year renewal term.
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 approve the attached First Amendment to the Agreement between Spectacor
Management Group and PTG Florida, Inc. for PTG'S use of the Jackie Gleason Theater of the
Performing Arts to present Broadway-quality shows at the Theater, and authorize the Mayor and
City Clerk to execute the Amendment.
PASSED and ADOPTED this 8th day ofNovembe 1995.
ATTEST:
MAYOR
CITY LERK
FORS," " "'^"OVED
LEC.. ."T.
By jodijit
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Date / 0/9s-
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO. F)01
TO: Mayor Seymour Gelber and
Members of the City Commission DATE: November 8 , 1995
FROM: Jose Garcia-Pedrosa
City Manager
SUBJECT: PTG FLORIDA, I . CONTRACT RENEWAL
ADMINISTRATION RECOMMENDATION: The City Administration and SMG recommend to the
City Commission that the contract between SMG and PTG Florida, Inc. be renewed
for two (2) years.
BACKGROUND: The original agreement was signed by the City of Miami Beach for
five (5) years: three (3) years with two (2) one-year options.
SMG and City of Miami Beach Administration together with PTG agree that the
contract should be amended to include the following:
• Penalty clauses and late cancellations.
2d. In the event that late cancellations such as described in
paragraph 2c result in a shortfall of minimum days with at least one
performance, liquidated damages described in paragraph 3g will be
applied and dates will be deemed to have been rented to PRODUCER
thus removing liability of PRODUCER for late cancellations.
• Presentation of a "Blockbuster" event.
2h. The OPERATOR and PRODUCER agree that special conditions
relating to the presentation of a "Blockbuster" caliber require
renegotiation of some terms regarding rental terms and other
charges. The OPERATOR and PRODUCER will negotiate such charges in
the best interest of the Theater and the City of Miami Beach. A
"Blockbuster" is defined as an event with a run of over four (4)
weeks that has a sales history that would project substantial use of
Theater capacity for four (4) weeks or longer.
ANALYSIS: At the October 19, 1995 meeting of the Convention Center Advisory
Board, it was unanimously agreed that the contract should be extended with the
above stated revisions.
PTG Florida, Inc. is by far the largest presenter of touring Broadway events.
Routing arrangements are typically made more than one year out and negotiations
for bookings begin up to two (2) years out. In order for them to effectively
book shows it is preferable to have a two (2) year agreement in place. The
amendments as presented clarify language in the contract and provide latitude for
booking significant events for the theater.
CONCLUSION: The City Administration recommends renewal of the PTG Florida, Inc.
contract with the above specified amendments.
JGP:MDB:JM: igrlP\
AGENDA ITEM i
DATE i t-5- lG
5
.
FIRST AMENDMENT TO AGREEMENT
THIS FIRST AMENDMENT is made and entered into on the taay of it 7 is
1996 by and between Spectacor Management Group (Operator) and PTG Florida, Inc., a Florida
corporation (Producer).
WITNESSETH:
WHEREAS, Operator manages, operates,and maintains the Jackie Gleason Theater of the
Performing Arts (TOPA) on behalf of the City of Miami Beach, under rights granted by and
obligations imposed under an Agreement between the City and Operator; and
WHEREAS, on May 6, 1992, the City adopted Resolution No. 92-20504, approving an
agreement between Operator and Producer for the production of Broadway-caliber shows in the
Jackie Gleason Theater of the Performing Arts (Agreement); and
WHEREAS, the initial term of the Agreement expires on June 30, 1996 and the City and
Operator would recommend the extension of the Agreement for an additional two (2) theatrical
seasons, as provided therein; and
WHEREAS, the parties now wish to amend the Agreement to include other terms and
conditions as well.
NOW,THEREFORE,in consideration of the mutual covenants herein contained and other
good and valuable consideration, the receipt of which is hereby acknowledged, the parties hereby
agree as follows:
1. The City herein approves the extension of the Agreement for the two
(2)one-year renewal options, as provided therein. This renewal term
shall commence on July 1, 1996 and end on June 30, 1998.
2. A new Subsection 2(d) is added to the Agreement as follows:
In the event that late cancellations such as described
above result in a shortfall of minimum days with at
least one performance. liquidated damages described
in Paragraph 2(g) will be applied and dates will be
deemed to have been rented to Producer. thus
removing liability of Producer for late cancellations.
3. As a result of the addition of the new Paragraph 2(d) above, the
former paragraph 2(d)shall become 2(e);2(e)shall become 2(f); and
2(f) shall become 2(g).
4. A new Subsection 2(h) shall be added as follows:
Operator and Producer agree that special conditions
relating to the presentation of a Broadway show of a
"Blockbuster" caliber may require renegotiation of
some terms regarding rental terms and other charges.
Operator and Producer will negotiate such changes in
the best interests of the Theater and the City of Miami
Beach. A "Blockbuster" is defined as an event with a
run of over four(4)weeks that has a sales history that
would project substantial use of Theater capacity for
four(4) weeks or longer.
5. As a result of the addition of the new Paragraph 2(h) above, the
former paragraph 2(g) shall become 2(i); and 2(h) shall become 2(j).
6. The parties hereby ratify and confirm all other terms and conditions
of the Agreement which remain unchanged.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be signed by
the respective duly authorized officers and the respective corporate seals to be affixed this>2diday
of W , , 199K
ATTEST: C TY OF MIAMI ;, ACH
R6 LACY 4, 1/ •
CITY CLERK Pr NOR
L
ATTEST: PT' FLORIDA, INC.
.,F 'RETARY t
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001
117flf1: 1 .
Approved and Accepted by:
LEGAL DE T.
/Al,/ L t Ey
SPECTACOR MANAGEMOIT GROUP Date 1 0'4__
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