C7N-Execute Amendment 1 To Lease Agreement w- Miami Beach CinemathequeCOMMISSION ITEM SUMMARY
Condensed Title:
Resolutions authorizing the Mayor and to execute Amendment No. 1 to Lease Agreement between the City and
Miami Beach Film Society, lnc. dlbla Miami Beach Cinematheque, dated December 9, 2009, for the use approximately
2,523 square feet of City-owned property, located at 1130 Washington Avenue, First Floor South, Miami Beach, Florida
(Premises); said Amendment allowing for alcohol sales for consumption at the Premises, as permitted under Resolution
No. 2014-28790; and further providing for the prohibition of the sale or use of expanded polystyrene food service articles at
the Premises.
Intended Outcome
Financial lnformation:
Data (Surveys, Environmenta! Scan, etc.):
On December 9, 2009, the Mayor and the City Commission adopted Resolution No. 2009-27242, approvingffiertain
Lease Agreement (the "Lease Agreement") between the City and Miami Beach Film Society, lnc. dlbtal Miami Beach
Cinematheque, for approximately 2,523 square feet of ground floor space in the City-owned building known as Historic
City Hall, located at 1130 Washington Avenue, Miami Beach, Florida.
The Lease Agreement was for an initial term of three (3) years, commencing on March 1,2010 and terminating on
February 28,2013, with two (2) additional three (3) year renewal terms.
On November 25, 2012, Tenant exercised its first renewal option, commencing on March 1, 2013 and terminating on
February 28,2016; and
On October 22,2014, the Mayor and the City Commission adopted Resolution No. 2014-28790, allowing for alcohol sales
for consumption on site for O Cinema Theatre at the Byron Carlyle Theater and for Miami Beach Cinematheque at Historic
City Hall.
On July 23,2014, the Mayor and the City Commission adopted Ordinance No. 2014-3884, creating Section 82-7 of the
City Code, providing for the prohibition of the sale or use of expanded polystyrene food service articles by City contractors,
in connection with any City contract, lease, concession agreement or special event permit.
The Administration recommends the approval of Amendment No. 1 to Lease Agreement, allowing Cinematheque to offer
alcohol sales for consumption at the Premises; and further providing for the prohibition of the sale or use of expanded
food service articles at the Premises.
Financial lm pact Summary:
Max , ext. 61 16
Clerk's Office
F:\T Drive\AGENDA h\TCID\C incnralheque\C rnerrratheque
AGENDA ITEM C1 N -
DATE 3-II-[\E MIAMIBEACH 356
MIAMIBEACH
City of Miomi Beoch, ,l700 Convenlion Center Drive, Miomi Beoch, Florido 33,I39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
Mayor Philip Levine and Membe of the City
Jimmy Morales, City Manager
March 11,2015
SUBJECT: A RESOLUTION OF THE MA AND CITY COMMISSION OF THE
APPROVING AND AUTHORIZINGCITY OF MIAM! BEACH, F
THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 1 TO
LEASE AGREEMENT BETWEEN THE CITY AND MIAMI BEACH FILM
SOCIETY, INC. D/B/A MIAMI BEACH CINEMATHEQUE, DATED
DECEMBER 9, 2009, FOR THE USE OF APPROXIMATELY 2,523
SQUARE FEET OF GITY.OWNED PROPERTY, LOCATED AT 1130
WASHINGTON AVENUE, FIRST FLOOR SOUTH, MIAMI BEACH,
FLORIDA (PREMISES); SAID AMENDMENT ALLOWING FOR
ALCOHOL SALES FOR CONSUMPTION AT THE PREMISES, AS
PERMITTED UNDER RESOLUTION NO. 2014-28790; AND FURTHER
PROVIDING FOR THE PROHIBITION OF THE SALE OR USE OF
EXPANDED POLYSTYRENE FOOD SERVICE ARTICLES AT THE
PREMISES.
ADMINISTRATION RECOMMENDAT ION
Adopt the Resolution.
BACKGROUND
On December 9, 2009, the Mayor and the City Commission adopted Resolution No. 2009-
27282, approving that certain Lease Agreement (the "Lease Agreement") between the City and
Miami Beach Film Society, lnc. dlblal Miami Beach Cinematheque ("Cinematheque") for
approximately 2,523 square feet of ground floor space in the City-owned building known as
Historic City Hall, located at 1130 Washington Avenue, Miami Beach, Florida.
The Lease Agreement was for an initial term of three (3) years, commencing on March 1, 2010
and terminating on February 28,2013, with two (2) additional three (3) year renewal terms. On
November 25,2012, Cinematheque exercised its first renewal option, commencing on March 1,
2013 and terminating on February 28,2016.
On October 22,2014, the Mayor and the City Commission adopted Resolution No.2014-28790,
allowing for alcohol sales for consumption on site for O Cinema Theatre at the Byron Cadyle
Theater and for Miami Beach Cinematheque at Historic City Hall.
On July 23, 2014, the Mayor and the City Commission adopted Ordinance No. 2014-3884,
creating Section 82-7 of the City Code, providing for the prohibition of the sale or use of
expanded polystyrene food service articles by City contractors, in connection with any City
contract, lease, concession agreement or special event permit.
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Commission Memorandum
Cinematheque Amendment - Alcohol Sales / Polystyrene Prohibitbn
March 11, 2015
Page 2 of 2
ANALYSIS
Alcohol Sales
As permitted under Resolution No.2Q14-28790, Cinematheque wishes to offer alcohol sales for
consumption at the Premises. Section 1 of Amendment No. 1 to Lease Agreement, attached
hereto and marked "Exhibit 1", authorizes this use under the Lease Agreement
Polvstvrene Prohibition
Since Cinematheque renewed its Lease Agreement prior to the Mayor and City Commission
adopting Ordinance No. 2014-3884, they are not required to comply with Section 82-7 of the
City Code; however, at the request of the City, Cinematheque has voluntarily agreed to do so.
Accordingly, Section 82-7 of the City Code is included in Amendment No. 1 to Lease Agreement
as Section 2.
CONGLUSION AND RECOMME NDATION
The Administration recommends the approval of Amendment No. 1 to Lease Agreement,
allowing Cinematheque to offer alcohol sales for consumption at the Premises; and further
providing for the prohibition of the sale or use of expanded polystyrene food service articles at
the Premises.
/MMM
Amendment No. 1 to Lease Agreement
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358
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AMENDMENT NO.l TO LEASE AGREEMENT
BETWEEN THE CITY AND MIAMI BEACH FILM SOCIETY, INC. D/B/A MIAMI
BEACH CINEMATHEQUE, DATED DECEMBER 9, 2009, FOR THE USE OF
APPROXIMATELY 2,523 SQUARE FEET OF CITY.OWNED PROPERTY,
LOCATED AT 1130 WASHINGTON AVENUE, FIRST FLOOR SOUTH, MIAMI
BEACH, FLORIDA (PREMISES); SAID AMENDMENT ALLOWING FOR
ALCOHOL SALES FOR CONSUMPTION AT THE PREMISES, AS PERMITTED
UNDER RESOLUTION NO. 2014-28790; AND FURTHER PROVIDING FOR
THE PROHIBITION OF THE SALE OR USE OF EXPANDED POLYSTYRENE
FOOD SERVICE ARTICLES AT THE PREMISES.
WHEREAS, on December 9, 2009, the Mayor and the City Commission adopted Resolution
No. 2009-27282, approving that certain Lease Agreement (the "Lease Agreement") between the
City and Miami Beach Film Society, lnc. dlblal Miami Beach Cinematheque, for approximately
2,523 square feet of ground floor space in the City-owned building known as Historic City Hall,
located at 1130 Washington Avenue, Miami Beach, Florida; and
WHEREAS, the Lease Agreement was for an initial term of three (3) years, commencing on
March 1,2010 and terminating on February 28,2013, with two (2) additional three (3) year renewal
terms; and
WHEREAS, on November 25, 2012, Tenant exercised its first renewal option, commencing on
March 1,2013 and terminating on February 28,2016; and
WHEREAS, on October 22,2014, the Mayor and the City Commission adopted Resolution No.
2014-28790, allowing for alcohol sales for consumption on site for O Cinema Theatre at the Byron
Carlyle Theater and for Miami Beach Cinematheque at Historic City Hall; and
WHEREAS, On July 23, 2014, the Mayor and the City Commission adopted Ordinance No.
2014-3884, creating Section 82-7 of the City Code, providing for the prohibition of the sale or use
of expanded polystyrene food service articles by City contractors, in connection with any City
contract, lease, concession agreement or special event permit; and
WHEREAS, the Administration recommends the approval of Amendment No. 1 to Lease
Agreement, allowing Cinematheque to offer alcohol sales for consumption at the Premises; and
further providing for the prohibition of the sale or use of expanded polystyrene food service articles
at the Premises, substantially in the form attached hereto and incorporated herein as "Exhibit 1".
NOW, THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY
COMMISSTON OF THE CITY OF MIAMI BEACH, FLORIDA, hereby approve and authorize the
Mayor and City Clerk to execute Amendment No. 1 to Lease Agreement between the City and
Miami Beach Film Society, lnc. d/b/a Miami Beach Cinematheque, dated December 9, 2009, for
the use of approximately 2,523 square feet of City-owned property, located at 1130 Washington
Avenue, First Floor South, Miami Beach, Florida (Premises); said Amendment allowing for alcohol
sales for consumption at the Premises, as permitted under Resolution No.2014-28790; and further
359
providing for the prohibition of the sale or use of expanded polystyrene food service articles at the
Premises.
PASSED and ADOPTED this day of
ATTEST:
Rafae! E. Granado, Gity Glerk Philip Levine, Mayor
2015.
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APPROVED AS TO
FORM & LANGUAGE
360
AMENDMENT NO. 1 TO LEASE AGREEMENT
This Amendment No. 1 to Lease Agreement is entered into this _ day of
, 2015 by and between the CITY OF MIAMI BEACH, a Florida
municipal corporation, (hereinafter referred to as "City" or "Landlord"), and MIAMI
BEACH FILM SOClEry, INC. (dlbla Miami Beach Cinematheque), a Florida not-for-
profit corporation, (hereinafter referred to as "Tenant").
WITNESSETH:
WHEREAS, on December 9, 2009, the Mayor and the City Commission adopted
Resolution No. 2009-27282, approving that certain Lease Agreement (the "Lease
Agreement") between the City and Miami Beach Film Society, lnc. dlblal Miami Beach
Cinematheque, for approximately 2,523 square feet of ground floor space in the City-
owned building known as Historic City Hall, located at 1130 Washington Avenue, Miami
Beach, Florida; and
WHEREAS, the Lease Agreement was for an initial term of three (3) years,
commencing on March 1,2010 and terminating on February 28,2013, with two (2)
additional three (3) year renewal terms; and
WHEREAS, on November 25, 2012, Tenant exercised its first renewal option,
commencing on March 1,2013 and terminating on February 28,2016; and
WHEREAS on October 22,2014, the Mayor and the City Commission adopted
Resolution No. 2014-28790, allowing for alcohol sales for consumption on site for O
Cinema Theatre at the Byron Carlyle Theater and for Miami Beach Cinematheque at
Historic City Hall; and
WHEREAS On July 23, 2014, the Mayor and the City Commission adopted
Ordinance No. 2014-3884, creating Section 82-7 of the City Code, providing for the
prohibition of the sale or use of expanded polystyrene food service articles by City
contractors, in connection with any City contract, lease, concession agreement or
special event permit; and
NOW THEREFORE, the City and Tenant, for and in consideration of the mutual
covenants, agreements and undertakings herein contained, do by these presents
mutually covenant and agree to amend the Lease Agreement, as follows:
1. SubsectionT.2, on page 5 of the Lease Agreement, shall be amended (deleted
items struek+nreaqh and inserted items underlinedl as follows:
7,2 lt is understeed and agreed that the Demised Premises shall be used-by
the Tenant during the Term ef this Agreement enly fer the abeve
tseever,
EXHIBIT
I
361
direetly er indireetly' is ferbidden by law, erdinanee er gevernment
net eemmit (ner permit) waste en the Demised Premises; ner permit the
use ef the Demised Premises fer any illegal purpeses; ner eemmit a
nuisanee en the Demised Premises, ln the event that the Tenant uses the
Demrsed Premises (er etherwise allews the Demised Premises te be
allews any prehibrted use(s) as previded herein, then the City may deelare
this Agreement in default pursuant te Seetien 18 er, wltheut netiee te
Tenant; restrain sueh impreper use by injunetien er ether legal aetien,
7.2 Prohibited Uses:
It is understood and aqreed that the Facilitv shall be used bv Tenant
durinq the term of the Lease Aoreement onlv for the permitted uses set
forth in subsection 7.1. and for no other purposes or uses
whatsoever. Notwithstandinq anvthinq contained in subsection 7.1. or anv
other term or condition of this Lease Aqreement: (1) Tenant will not make
or permit anv use of the Demised Premises that, directlv or indirectlv. is
forbidden bv anv Governmental Requirement. or that mav be danqerous
to life. limb or propertv: (2) Tenant shall not present for observation bv
patrons motion pictures. films, or video media. distinquished or
characterized bv an emphasis on matter depictinq, describinq or relatinq
to sexual conduct or specified anatomical areas ("Adult Motion Picture
Theate/'): (3) Tenant shall not sell books, maoazines. periodicals or other
printed matter: photoqraphs. films. motion pictures, videocassettes, slides
or other visual representations: recordinqs. other audio matter: and
novelties or devices: which have as their primarv or dominant theme
subiect matter depictinq. exhibitinq, illustratinq, describinq or relatinq to
sexual conduct or specified anatomical areas ("Adult Materials"): and (4)
Tenant mav not commit waste on the Demised Premises, use the
Demised Premises for anv illegal purpose. commit a nuisance on the
Demised Premises, or allow anv toxic. hazardous or danqerous substance
to be brouqht into the Demised Premises or stored therein (other than
small quantities of materials customarilv used in the operation of a live
theatrical performance venue, which shall be used and stored in
compliance with applicable law). ln the event that Tenant uses the
Demised Premises for anv purposes not expresslv permitted herein. then
the Citv. throuqh its Citv Manaqer. mav declare this Lease Aqreement in
default and. in addition to all other remedies available to Citv. restrain
such improper use bv iniunction or other leqal action. with or without
notice to Tenant.
A new subsection 7.4, in section 7, entitled "Use and Possession of Demised
Premises", shall be inserted (inserted items underlinedl as follows:
7.4 Beer and Wine Privileqes:
Pursuant to Resolution No. 2014-28790, permission to sell beer and wine
for consumption within the Demised Premises ("Beer and Wine
Privileoes") is limited and herebv qranted onlv for Miami Beach Film
2.
362
Societv. lnc., for so lonq as Miami Beach Film Societv. lnc. (under its
current ownership) shall continue to have a leasehold interest in the
Demised Premises durinq the Term of this Lease Aqreement, and shall
not extend to anv other entitv (includinq anv successors and/or assions of
Miami Beach Film Societv. lnc.). Anv chanqe in ownership includinq.
without limitation. a successor or assiqn of Miami Beach Film Societv, lnc.,
shall be required to secure the prior written consent from the Citv of Miami
Beach Commission in order to continue to maintain these Beer and Wine
Privileqes. Miami Beach Film Societv. lnc.'s Beer and Wine Privileqes are
further subiect to Miami Beach Film Societv, lnc. securinq the requisite
authorization to sell the alcohol for consumption pursuant to Section 6-
4(aX4) of the Citv Code. as mav be amended. which includes, without
limitation, compliance with the followinq criteria:
i. the sale of alcohol for consumption off the Demised
Premises is prohibited:
ii. a Minor Control Plan. settinq forth hours of operation and
alcohol sales. alcohol service and monitorinq procedures,
food service. and staff traininq must be approved bv the Citv
Manaqer or desiqnee orior to issuance of a license for
alcohol sales or consumption,iii. the Demised Premises must have desiqnated alcohol
beveraqe consumption areas:iv. no "Happv Hour'' tvpe of reduced price alcohol beveraoe
promotion shall be allowed:v. Miami Beach Film Societv. lnc. shall obtain the requisite
state licenses:vi. Miami Beach Film Societv, lnc. shall collect and remit resort
taxes to the Citv. as required pursuant to Section 102-306 of
the Citv Code: andvii. Miami Beach Film Societv, lnc. shall not be oermitted to
operate between the hours of 3:00 a.m. and B:00 a.m.
Failure to complv with the provisions of this subsection 7.4 shall be
deemed to be a default under this Lease Aqreement.
A new section 38, entitled "Prohibitions Regarding Sale or Use of Expanded
Polystyrene Food Service Articles", shall be inserted (inserted items underlinedl
as follows:
38. Prohibitions Reqardinq Sale or Use of Expanded Polvstvrene Food
Service Articles.
Pursuant to Section 82-7 of the Citv Code. as mav be amended from time
to time. effective Ausust 2,2014, the Citv has prohibited the use of
expanded polvstvrene food service articles bv Citv Contractors. in
connection with anv Citv contract. lease, concession aoreement or Special
event permit. Additionallv. pursuant to Section 82-385 of the Citv Code.
363
4.
as mav be amended from time to time. no polvstvrene food service articles
will be allowed in the riqhtof-wav, and no polvstvrene food service articles
can be provided to sidewalk caf6 patrons.
Expanded polvsfyrene is a petroleum bvproduct commonlv known as
Stvrofoam. Expanded polvstvrene is more particularlv defined as blown
polvstvrene and expanded and extruded foams that are thermoplastic
petrochemical materials utilizinq a stvrene monomer and processed bv
anv number of techniques includinq. but not limited to. fusion of polvmer
spheres (expandable bead foam). iniection moldinq, foam moldinq. and
extrusion-blown moldinq (extruded foam polvstvrene).
Expanded polysfyrene food service arficles means plates. bowls, cups.
containers. lids. travs. coolers, ice chests. and all similar articles that
consist of expanded polvstvrene.
Tenant aqrees not to sell. use, provide food in, or offer the use of
expanded polvstvrene food service articles at the Demised Premises or in
connection with this Lease Aqreement. Tenant shall ensure that all
vendors operatinq in the Demised Premises abide bv the restrictions
contained in this Section 38. A violation of this section shall be deemed a
default under the terms of this Lease Aqreement. This subsection shall not
applv to expanded polvstvrene food service articles used for prepackaqed
food that have been filled and sealed prior to receipt bv the Tenant or its
vendors.
Except as othenruise specifically amended herein, all other terms and conditions
of the Lease Agreement by and between the Landlord and Tenant shall remain in
full force and effect. ln the event there is a conflict between the provisions
provided herein and the Lease Agreement, the provisions of this Amendment No.
1 to Lease Agreement shall govern.
[The remainder of this page has been intentionally left blank]
364
lN WITNESS WHEREOF, this Amendment No. 1 to Lease Agreement has been
duly executed by the parties hereto as of the day and year first written above.
Attest:CITY OF MIAMI BEACH, FLORIDA
Rafael E. Granado, City Clerk Philip Levine, Mayor
Signature
Print Name
Attest:
Signature
MIAMI BEACH FILM SOCIEry, INC.
Dana Keith Weekly, President
Print Name
Signature
Print Name
CORPORATE SEAL
(affix seal here)
,8[[[8YiR3tlB'
& FOTEXECUTIoN
A (JL 3-i \b
-
Eiffircv-{1 Dote
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