HomeMy WebLinkAbout2000-24012 RESO
RESOLUTION NO. 2000-24012
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA,
AUTHORIZING THE CITY MANAGER, OR IDS DESIGNEE,
TO EXECUTE THE CULTURAL FACILITIES GRANT
AGREEMENT WITH THE FLORIDA DEPARTMENT OF
STATE, ACCEPTING A GRANT, IN THE AMOUNT OF
$500,000, WITH A LOCAL MATCH OF $1,000,000, FOR THE
RENOVATION OF THE COLONY THEATER INTO A FULLY
FUNCTIONAL PERFORMING ARTS FACILITY, WHICH IS
COMPLIANT WITH THE AMERICANS WITH DISABILITIES
ACT; AND TO APPROPRIATE THESE FUNDS.
WHEREAS, the Florida Legislature makes grants to cities, counties and non-profit
organizations through the Department of State under the Cultural Facilities Program for renovation,
construction or acquisition of cultural facilities; and
WHEREAS, the Colony Theater is a historic, cultural facility on the National Register of
Historic Places that is owned by the City of Miami Beach; and
WHEREAS, the City has been awarded $500,000 for the renovation of the Colony Theater
from the Cultural Facilities Program that is contingent upon a $1,000,000 local match; and
WHEREAS, the City has accepted a $775,000 grant from the Miami-Dade County
Commission on September 17, 1999 to renovate the Colony Theater and the City has also allocated
$60,000 from the Property Management Division budget and $220,000 from the Miami Beach
Cultural Arts Council budget for the renovation of the Colony Theater, and, thus, has the required
local match;
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 of the City of Miami Beach, Florida, authorize the City Manager, or his designee, to
execute the Cultural Facilities Grant Agreement with the Florida Department of State, accepting a
grant, in the amount of$500,000, with a local match of $1 ,000,000, for the renovation of the Colony
Theater into a fully functional performing arts facility, which is compliant with the Americans with
Disabilities Act, and to appropriate these funds.
APPROVED AND ADOPTED THIS 26th DAY OF JUL Y ~.
ATTEST: MAYOR
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CITY CLERK
APPROVED p.s TO
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T:IAGENDA 12000VUL2600ICONSEN1\CUL T -F AC .RES.DOC
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
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CITY OF MIAMI BEACH
Mayor Neisen O. Kasdin and DATE: July 26, 2000
Members of the City Commission
Lawrence A. Levy (l ~
CitYM~
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE
CITY MANAGER, OR IDS DESIGNEE, TO EXECUTE THE
CULTURAL FACILITIES GRANT AGREEMENT WITH THE
FLORIDA DEPARTMENT OF STATE, ACCEPTING A GRANT, IN
THE AMOUNT OF $500,000, WITH A LOCAL MATCH OF
$1,000,000, FOR THE RENOVATION OF THE COLONY THEATER
INTO A FULLY FUNCTIONAL PERFORMING ARTS FACILITY,
WHICH IS COMPLIANT WITH THE AMERICANS WITH
DISABILITIES ACT; AND TO APPROPRIATE THESE FUNDS
ADMINISTRATION RECOMMENDATION
TO:
FROM:
SUBJECT:
COMMISSION MEMORANDUM NO. 5<1 \ - CO
Adopt the Resolution.
ANALYSIS
On July 21",1999, the City of Miami Beach City Commission adopted Resolution 99-23252, which
authorized a grant request of $500,000, from the Florida Department of State, Cultural Facilities
Program for the renovation of the Colony Theater. The Florida Department of State has approved the
$500,000 grant to the City contingent upon the approval of design documents by the State Historic
Preservation Officer and verification of a local match of $1,000,000.
The schematics included in the original grant request have since been rejected, an RFP was issued, and
a design bid was awarded. Award-winning, historic preservation architect, R. J. Heisenbottle has been
contracted to design the project under the supervision of William Cary, Assistant Director of the
Plarming Department, and Kent Bonde, Redevelopment Coordinator. The City has been working
closely with the State to assure an acceptable redesign. Additionally, the City's historic preservation
and redevelopment standards are rigorous and, thus, the project is expected to meet all State
requirements for funding.
Furthermore, the City has identified the required match as follows: Existing Facilities Grant to
Miami Beach from Miami-Dade County, in the amount of $775,000, for the renovation of the
Colony Theater, $60,000, from Bond Fund 351, allocated in the Property Management Division's
DATE LI M_
AGENDA ITEM ,- "?k-o<:::>.
Commission Resolution
July 26, 2000
The Colony Theater Grant Agreement
Page 2
budget for ADA improvements at the Colony Theater, and $220,000 from the Miami Beach Cultural
Arts Council budget, considered a loan from the Cultural Arts Council, to be paid back as explained
in the attached Resolution 99-23228 and Commission Memorandum 491-99.
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH. FLORIDA 33139
http'\\ci.miamj~beach.f1.us
COMMISSION MEMORANDUM NO. ~
TO:
Mayor Neisen O. Kasdin and
Members of lbe City Co mission
DATE: July 7, 1999
FROM:
Sergio Rodriguez
City Manager
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SUBJECT:
A RESOLU ON OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROPRIATING $220,000 FROM
THE MIAMI BEACH CULTURAL ARTS COUNCIL BUDGET TO
PROVIDE MATCHING FUNDS IN THE FORM OF A NON-INTEREST
BEARING LOAN TO FUND A PORTION OF THE COLONY THEATER
IMPROVEMENTS ESTIMATED TO COST $1,500,000 AND FURTHER
AUTHORIZING THAT THE CITY DIRECT ITS 70% REVENUE
RECAPTURE FROM THE COLONY THEATER CAFE TO BE UTILIZED
TO REPAY THE CULTURAL ARTS COUNCIL.
RECOMMENDATION:
Adopt the Resolution.
BACKGROUND:
The Colony Theater is a historic theater that has received a $720,000 grant from Miami-Dade County
Cultural Affairs Council's Existing Facilities Grants to rehab and renovate the theater. The architect
contracted, Zeidler Roberts Partnership, has estimated that the total cost to renovate the theater is
$1.5 million. The proposed renovations will modernize the building, expand the backstage area and
bring the theater into full compliance with all ADA requirements.
The City intends to submit an application to the State's Cultural Arts Facilities Grants program in
August 1999. The maximum funding allocation is $500,000 per facility and is based on a 2: I match.
Therefore, in order to achieve maximum funding eligibility, the City/Colony Theater would have to
evidence $1,000,000 in available matching funds. At this time, the City has identified the following
funds 10 implement the improvements:
County Cultural Affairs Grant
ADA Improvements
Total Available Funding
Funding shortfall
$720,000
60.000
780,000
220.000
1,000,000
500 000
$1,500,000
State maximum grant allocation
Total Project Cost
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Colony Theater
Commission Memorandum
July 7, /999
Page 2
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In addition, the City is currently applying for a $250,000 grant from the Florida Department of State
Historical Resources Grant Program. However, State grant funds cannot be utilized as a match for
other State funding.
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ANALYSIS:
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The City has explored all available funding sources to maximize the City's potential to access
maximum funding eligibility from the State's Cultural Arts Facilities Grant Program.
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On May 27,1999, City staff presented a request to the Miami Beach Cultural Arts Council (CAC),
after meeting with the CAe's Finance Committee, to approve and allocate funding in the amount of
$220,000 to complete the Colony Theater Capital Improvement Project. At this meeting, the CAC
Board resolved to work with City staff to provide such funds, subject to future reimbursement, in
order to maximize the City's grant leveraging capacity for the Colony Theater. Repayment of CAe's
funds is tied to the lease of the cafe space at the Colony Theater.
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The City's existing Lease Agreement with the Concert Association for use of the Colony Theater
provides that the amount of revenue derived from the cafe that is located adjacent to the Colony
Theater be directed 70% to the City for maintenance, repairs and renovations and 30% to reduce the
City's subsidy to the Colony Theater.
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The Concert Association lease at the Colony Theater expires on August 31, 2000, the restaurant is
currently unoccupied but the Concert Association is negotiating a proposed sublease with Mark
Soyka to improve and operate the restaurant for a monthly rent of $4,000 and for a term of six (6)
years with an option to extend for an additional three (3). Said sublease would further be subject to
the City's approval of a non-disturbance and attornment agreement in light of the Concert
Association's lease expiration on August 31, 2000.
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It is proposed that if the City Commission authorizes the appropriation of$220,000 in the form of
a non-interest bearing loan to the City from CAC funds to perform the Colony Theater capital
improvements, that the 70% recapture of the cafe revenue received be utilized to repay the CAC.
At the proposed monthly rental of $4,000, the loan will be repaid over a 6 y, year period.
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Furthermore, because the Colony will have undergone an extensive renovation and improvement
plan, it is deemed that upon full repayment of the loan to the CAC, that such funds be re-directed
to the City to establish a future maintenance reserve account for the Colony.
RECOMMENDA TION:
It is recommended that the Mayor and Members of the City Commission approve the attached
resolution authorizing and appropriating $220,000 from the Miami Beach Cultural Arts Council
budget to provide matching funds in the form of a non-interest bearing loan to fund a portion of the
Colony Theater improvements estimated to cost $1.5 million and further authorizing that the City
direct its 70% revenue recapture from the Colony Theater Cafe to be utilized to repay the Cultural
Arts Council.
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RESOLUTION NO. 99-23228
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A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, APPROPRIATING
$220,000 FROM THE MIAMI BEACH CULTURAL ARTS COUNCIL
BUDGET TO PROVIDE MATCHING FUNDS IN THE FORM OF A
NON-INTEREST BEARING LOAN TO FUND A PORTION OF THE
COLONY THEATER IMPROVEMENTS ESTIMATED TO COST
$1,500,000 AND FURTHER AUTHORIZING THAT THE CITY
DIRECT ITS 70% REVENUE RECAPTURE FROM THE COLONY
THEATER CAFE TO BE UTILIZED TO REPAY THE CULTURAL
ARTS COUNCIL.
WHEREAS, the Colony Theater is a historic theater that has received a $720,000 grant from
Miami-Dade County's Cultural Art Council's, Existing Facilities Grants to rehab and renovate the
theater; and
WHEREAS, the Architects contracted have estimated that the total cost to renovate the
theater is $1.5 million and the proposed renovations will modernize the building, expand the
backstage area and bring the theater into full compliance with all ADA requirements; and
WHEREAS, the City intends to submit an application to the State's Cultura1 Arts Facilities
Grants program in August 1999 and the maximum funding allocation provided through this grant
program is $500,000 per facility and is based on 2:1 match; and
WHEREAS, in order to achieve maximum funding eligibility, the City/Colony Theater
would have to evidence $1,000,000 in available matching funds, and the City has only identified
$780,000 in funds to implement a portion of the $1,500,000 in estimated improvements; and
WHEREAS, on May 27,1999, City staff presented a request to the Miami Beach Cultural
Arts Council (CAC) to approve and allocate funding in the amount of $220,000 to complete the
Colony Theater Capital Improvement Project and the CAC Board resolved to have the CAC
Executive Director work with City staff to provide such funds, subject to future reimbursement, to
maximize the City's leveraging capacity for the Colony Theater; and
WHEREAS, the CAC has identified $220,000 in capital funds that can be provided to the
City as a non-interest bearing loan to perform the Colony Theater capital improvements, and it is
proposed that the 70% recapture provision of the revenue derived from the cafe and paid to the City,
be utilized to repay the CAC; and
WHEREAS, because the Colony will have undergone an extensive renovation and
improvement plan, it is deemed that upon full repayment of the loan to the CAC, that such funds be
re-directed back to the Ci~' to begin to establish a future maintenance reserve account for the Colony
Theater.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that $220,000 is hereby
appropriated from the Miami Beach Cultural Arts Council budget to provide matching funds in the
form of a non-interest bearing loan to fund a portion of the Colony Theater improvements estimated
to cost $1,500,000 and further authorizing that the City direct its 70% revenue recapture from the
Colony Theater Cafe to be utilized to repay the Cultural Arts Council.
PASSED and ADOPTED this 7th day of July, 1999.
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MAYOR
ATTEST:
JlnwyflU~
CITY CLERK
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AGREEMENT BETWEEN
THE STATE OF FLORIDA, DEPARTMENT OF STATE
AND
CITY OF MIAMI BEACH
This Agreement is by and between the State of Florida, Department of State, hereinafter
referred to as the "Department," and the City of Miami Beach, hereinafter referred to as the
"Grantee."
The Grantee has been awarded a Cultural Facilities Program grant by the Department, grant
number 01-9012, for the project "The Colony Theater Renovation and Restoration Project,"
in the amount of $500,000.00.
Unless there is a written notice of change of address, any notice required by this Agreement
shall be delivered to:
Florida Department of State
Division of Cultural Affairs
The Capitol
Tallahassee, Florida 32399-0250
for the Department, and to City of Miami Beach, 1700 Convention Center Drive, , Miami Beach,
FL 33139, for the Grantee.
In consideration of the mutual covenants and promises contained herein, the parties agree as
follows:
(l ) Grant:
(a) The Grantee shall, prior to the disbursement of funds:
1. Sign a Grant Award Agreement and agree to comply with its terms; and
2. Provide an update of the project narrative and budget, hereafter referred to as
Attachment A, and perform the work described therein. Attachment A shall
be attached hereto and made a part of this Agreement.
(b) The Grantee agrees to retum the signed Grant Award Agreement and Attachments
to the Division of Cultural Affairs within 60 days after the receipt of the Grant
Award Agreement. A Grant Award Agreement which is not signed by the
Grantee and retumed within 60 days shall be considered declined by the Grantee.
(c) Along with the Grant Award Agreement and Attachments, the Grantee shall
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complete an Assurance of Compliance and Signature Authorization Form (Form
CA2E049) and retum all the above to the Division.
(d) The Grantee shall not obligate state funds until the date on which this Agreement
is fully executed.
(e) The Grantee shall maintain not-for-profit eligibility as a public entity or a tax-
exempt Florida corporation as determined at the time of application.
(2) Cash Release:
W To initiate a release of grant funds, the Grantee must:
1. Complete a Request for Warrant (Form CA2EOOl) and submit it to the
Division of Cultural Affairs. The amount requested by the Grantee shall not
exceed the anticipated expenditures for the project within 90 days or the
amount permitted in (2)(b) or (c) below, whichever is less.
2. Submit a Schedule of Expenses using Cultural Facilities Report Form
CA2E048. The Schedule of Expenses shall include actual project expenses
paid to date; including expenses charged to both match and state grant funds.
(b) If advance payment of grant funds is approved by the Office of the Comptroller,
the payment schedule shall be subject to any special conditions stipulated by that
Office.
(c) In the case of Cultural Facilities grants, grant funds shall be released in
accordance with the Project Completion Schedule, provided by the grantee, and
attached as Attachment B. Certification of completion of each phase of the
project must be received by the Division prior to the release of any funds for
subsequent phases of the project.
(d) Request for Warrant forms received from Grantees who are not in compliance
with the reporting and interest payment requirements of this Agreement or any
other past or present grant award agreement with this Division or any other
Division within the Department of State, shall not be processed for payment until
the compliance issues are resolved.
(3) Investment of Grant Funds. The Grantee shall invest any surplus grant funds in an
interest bearing account pursuant to Section 216.181(15)(b), Florida Statutes, and the interest
eamed on such investments shall be retumed to the Department with each Interim Status Report,
or the Final Report which is due 45 days following completion of the project.
(4) Proiect Status Reporting Requirements: The Grantee agrees to provide to the Division
a series of reports according to the following schedule using Cultural Facilities Report Form
CA2E048:
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CA2E038. revised, eft'. 7-2000
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(a) Interim Status Report by January 31, 2001, for the period ending December 31,
2000;
(b) Interim Status Report by July 31, 2001, for the period ending June 30, 2001;
(c) Interim Status Reports shall be submitted in addition to any Schedule of Expenses
as described in section (2) of this Agreement.
(d) Should the project not be completed by June 30, interim status reports shall
continue to be submitted as above until completion; and
(e) Final Report within 45 days of completion of the project. The project shall be
considered to be complete when all grant dollars as described in Attachment A
have been expended.
(5) Expenditures:
(a) All expenditures must be directly related to the purpose of the grant as specified
in Attachment A. Funds are intended for expenditures directly related to
renovation, construction, or acquisition of the designated cultural facility.
Expenditures for general operating expenses (such as but not limited to salaries,
travel, personnel, office supplies, etc.) are not allowable. Payment for costs
associated with representation, proposal, and application preparation shall not be
made with funds provided under this Agreement. Payment for costs for lobbying
the Legislature, the judicial branch, or any state agency shall not be made with
funds provided under this Agreement.
(b) If the Grantee finds it necessary to expend state dollars for allowable project costs
as described in the 2000-2001 Cultural Facilities Program Guidelines, and for
work not described in Attachment A, the Grantee shall submit a completed Grant
Amendment Request (Form CA2E047) to the Department for approval before the
work is started.
(c) If the Grantee expends state dollars for non-allowable costs as described in the
2000-2001 Cultural Facilities Program Guidelines, or for work not described in
Attachment A, the Department shall have the right to terminate this Agreement
and demand the return of all or a part of any funds already delivered, or withhold
funds from subsequent grants. Factors which will be considered by the
Department in making this decision include: the amount of state dollars spent for
non-allowable costs, the percent ofthe grant funds represented by state dollars
spent for non-allowable costs, and whether the expenditure of state dollars for
non-allowable costs was intentional or merely a clerical error.
(d) Reimbursement by the State for travel expenses is not allowed under this
Agreement.
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CA2E038, revised. eff. 7-2000
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(e) Payment for expenditures incurred prior to the execution of this Agreement shall
not be made with funds provided under this Agreement.
(t) All grant funds shall be expended on the work described in this Agreement by
April I, 2002. If the Grantee cannot expend the funds by April I, 2002, the
Grantee shall submit a Grant Amendment Request (Form CA2E047) which must
be received by the Department not later than 30 days prior to the expenditure date.
(g) Funds provided under this Agreement shall not be used for planning purposes,
including preliminary and schematic drawings, and design development
documents necessary to carry out the project.
(h) Funds provided shall not be used for projects which are restricted to private or
exclusive participation, which shall include restricting access on the basis of sex,
race, religion, national origin, disability, age, or marital status.
(6) Matching Funds. For the purposes ofthis Agreement, matching funds will be defined
and governed as follows:
(a) Matching funds shall directly relate to the specific construction work to be done
as described in Attachment A and shall not be operational funds.
(b) Matching funds will be clearly accounted for through documentation maintained
at the Grantee's office. Match must consist of at least 50% cash as described
2000-2001 Cultural Facilities Program Guidelines. Documentation ofin-kind
contributions shall substantiate fair market value.
(c) Matching funds for the grant shall not consist of state dollars from any source, nor
shall matching funds claimed for any other state grant be allowed to match this
grant.
(d) Matching funds may have been expended prior to the start date of this Agreement
as long as they are clearly a part of the project described in Attachment A.
(e) The Grantee shall provide $2.00 in matching funds for every $1. 00 of state funds
received under this Agreement.
(7) Undisturbed Use and Access: The grantee shall maintain undisturbed use of the
property as described in Attachment C: Restrictive Covenants, attached hereto and made a part
of this Agreement. The Division may, from time to time, require certification from the Grantee
or the property owner that the lease is in full force and effect, that it has not been modified or
terminated, and that the Grantee is not in default of the lease's terms and conditions, or in the
case of an owner/grantee, documentation of unrestricted ownership. Failure to provide such
certification shall constitute a default hereunder which shall give the Division the right to
terminate this Agreement and demand the retum of all or a part of any funds already delivered as
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provided in paragraphs 4(a) and 4(b) of Attachment C, or withhold funds from subsequent
grants.
(8) Notices. Schedules and Soonsorship. All publications, media productions, and exhibit
graphics concerning the project shall include the following statement in the same size, type,
style, and location as credit to major donors to the project:
"This project is sponsored in part by the State of Florida through
the Florida Department of State, Division of Cultural Affairs,
and the Florida Arts Council"
(9) Grant Amendment Requests. The Grantee agrees to file, in a timely manner and before
the fact, a Grant Award Agreement Amendment Request for any and all changes in work,
including completion dates, other general information, and changes in dollar amounts, as
described in this Grant or Attachment A. Changes involving only authorized personnel, contact
person, or address may be accomplished through the Administrative Change Notice (Form
CA2E051).
(10) Project Extensions:
(a) Encumbrance Date: If the Grantee finds it necessary to request an extension of.
the encumbrance date for a single phase project or a multiphase project, the
extension shall not exceed 120 days for any single phase project or 120 days for
any phase of a multiphase project.
(b) Expenditure Date: If the Grantee finds it necessary to request an extension of the
expenditure date for a single phase project or a multiphase project, the extension
shall not exceed 120 days for any single phase project or 120 days for any phase
of a multiphase project.
(II) Changes inProiect Scope or Venue: No changes in project scope or venue shall be
permitted.
(12) Proiect Completion:
(a) The project shall be considered to be complete when all grant dollars as described
in Attachment A have been expended.
(b) The Grantee shall encumber all funds prior to June 30,2001 unless a completed
Grant Amendment Request form submitted by the Grantee for the extension is
approved in advance by the Department. To encumber all funds means that the
Grantee has executed one or more contracts with involved parties for all work to
be accomplished with grant funds.
(c) Upon completion ofthe project as described in Attachment A, a Final Report shall
be submitted to the Department within 45 days of the completion of the project.
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(13) Post Audit: Each nonstate entity that expends a total amount of state awards (i.e., financial
assistance from state resources provided to the recipient to carry out a state project) equal to or in
excess of $300,000 in any fiscal year of such nonstate entity shall be required to have a state single
audit or project-specific audit for such fiscal year in accordance with the requirements of Chapter
216.3491 Florida Statutes; applicable rules of the Executive Office of the Governor and the
Comptroller, and Rules of the Auditor General. The audit must be submitted within nine calendar
months following the end of the organization's fiscal year [see Addendum to Contract].
(14) Accountinl! Requirements. The Grantee shall maintain an accounting system, which
provides for a complete record ofthe use of all grant funds. This accounting system shall
provide for:
(a) The accounting system utilized must be able to specifically identify, and provide
audit trails which trace the receipt, maintenance, and expenditure of state funds;
(b) Records that identify adequately the sources and application of funds for all
activities related to the grant. These accounting records shall classify and identify
grant funds by the same budget categories as approved in the grant application. In
cases where grantee's accounting system accumulates data in a different format
than required by the program guidelines, subsidiary records should be used to
document and reconcile amounts shown in the grantee's accounting records to
amounts reported to the Division.
(c) An interest bearing checking account or accounts in a state or federally chartered
institution shall be used for revenues and expenses as described in Attachment A.
This account shall be used solely for grant expenditures. Any use other than this
purpose will be considered to be a violation of this contract;
(d) The name of the account or accounts shall include the grant award number;
( e) Effective control over and accountability for all funds, property, and other assets;
and
(f) Accounting records that are supported by source documentation and are in
sufficient detail to allow for a proper pre-audit and post-audit (such as invoices,
bills, and canceled checks).
(15) Retention and Availability of Accounting Records:
(a) Financial records, executed construction or other project related contracts,
supporting documents, interest documentation, statistical records, and all other
records pertinent to the grant shall be retained for a period of five years after the
filing of the Final Report. Ifany litigation or an audit is started, or claim made,
before the expiration of the five year period, the records shall be retained until the
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CA2E038, revised. eft'. '-2000
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litigation, claim, or audit questions involving the records have been resolved or
for five years, whichever is longer.
(b) The Grantee shall make all grant records of expenditures, copies of reports,
books, and related documentation available to the Department or a duly
authorized representative of the State of Florida for inspection at reasonable times
for the purpose of making audits, examinations, excerpts, and transcripts.
(c) The State of Florida shall cancel this Agreement, and the Grantee shall be
obligated to retum, in full, the grant amount in the event of such cancellation,
should the Grantee refuse to allow public access to all documents, papers, letters,
or other materials subject to the provisions of Chapter 119, Florida Statutes, and
made or received by the Grantee.
(16) Entire Agreement. This instrument embodies the whole Agreement ofthe parties.
There are no provisions, terms, conditions, or obligations other than those contained herein; and
this Agreement shall supersede all previous communication, representation, or Agreement, either
verbal or written, between the parties. No amendment shall be effective unless reduced in
writing and signed by the parties.
(17) Governing: Law:
(a) The Agreement is executed and entered into in the State of Florida, and shall be
construed, performed, and enforced in all respects in accordance with the laws of
the State of Florida. Each party shall perform its obligations hereunder in
accordance with the terms and conditions of this Agreement.
(b) If any term or provision of the Agreement is found to be illegal and
unenforceable, the remainder of the Agreement shall remain in full force and
effect and such term of provision shall be deemed stricken.
(18) Conformity. The Grantee agrees that all acts to be performed by it in connection with
this Agreement shall be performed in strict conformity with all applicable laws of the State of
Florida.
(19) No Discrimination. Grantee will not discriminate against any employee employed in
the performance of this Agreement, or against any applicant for employment because of age,
race, religion, color, disability, national origin, marital status, or sex. The Grantee shall insert a
similar provision in all subcontracts for services by this Agreement.
(20) Termination of Agreement. The Department shall terminate this Agreement because of
failure of the Grantee to fulfill its obligations under this Agreement or any other past or present
grant award agreement with this Division or any other Division within the Department of State in
a timely or satisfactory manner. Satisfaction of obligations by the Grantee shall be determined
by the Department. The Department shall provide the Grantee a written notice of default letter.
The Grantee shall have 15 calendar days to cure the default. If the default is not cured by the
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Grantee within the stated period, the Department shall terminate this Agreement. Notice shall be
sufficient if it is delivered to the party personally or mailed to its specified address. In the event
of termination of this Agreement, the Grantee will be compensated for any work completed in
accordance with this Agreement prior to the notification of termination. Grant funds previously
advanced and not expended on work completed in accordance with the agreement shall be
returned to the Department, with interest, upon termination of the agreement.
(21) Preservation of Remedies. No delay or omission to exercise any right, power, or
remedy accruing to either party upon breach or default by either party under this Agreement,
shall impair any such right, power, or remedy of either party; nor shall such delay or omission be
construed as a waiver of any such breach or default, or any similar breach or default.
(22) Revenue Shortfall. The State of Florida's performance and obligation to pay under this
Agreement is contingent upon an annual appropriation by the Legislature. In the event that the
state funds on which this Agreement is dependent are withdrawn, this Agreement is terminated
and the Department has no further liability to the Grantee, beyond that already incurred by the
termination date. In the event of a State revenue shortfall, the total grant will be reduced
accordingly. Such termination shall not affect the responsibility of the Grantee under this
Agreement as to those funds previously distributed.
(23) Attorney Fees. The Department shall not be liable to pay attomey fees, interest, or cost
of collection.
(24) Liability:
(a) The Department shall not assume any liability for the acts, omissions to act or
negligence of the Grantee, its agents, servants, or employees; nor shall the
Grantee exclude liability for its own acts, omissions to act, or negligence to the
Department.
(b) The Grantee agrees to be responsible for claims of any nature, including but not
limited to injury, death, and property damage, arising out of activities related to
this Agreement by the Grantee, its agents, servants, employees, and
subcontractors. Unless the Grantee is a State agency or subdivision of the State,
the Grantee agrees to indemnify and hold the Department harmless from claims of
any nature and agrees to investigate such claims at its own expense.
(c) The Grantee shall be responsible for all work performed and all expenses incurred
in connection with the project. The Grantee may subcontract as necessary to
perform the services set forth in this Agreement, including entering into
subcontracts with vendors for services and commodities, PROVIDED THAT it is
understood by the Grantee that the Department shall not be liable to the
subcontractor for any expenses or liabilities incurred under the subcontract and
that the Grantee shall be solely liable to the subcontractor for all expenses and
liabilities incurred under the subcontract.
8
CA2E038, revised. eft 7-2000
.'
'.
(d) Neither the State nor any agency or subdivision of the State waives any defense of
sovereign immunity, or increase the limits of its liability, upon entering into this
contractual relationship.
(25) Independent Capacity of Grantee. The parties hereto agree that the Grantee, its
officers, agents, and employees, in performance of this Agreement, shall act in the capacity of an
independent contractor and not as an officer, employee, or agent of the Department. Grantee is
not entitled to accrue any benefits of state employment, including retirement benefits and any
other rights or privileges connected with employment in the State Career Service. Grantee
agrees to take such steps as may be necessary to ensure that each subcontractor of Grantee will
be deemed to be an independent contractor and will not be considered or permitted to be an
agent, servant, joint venturer, or partner of the Department.
(26) Non-Assi!]:nment. The Grantee shall not assign, sublicense, or otherwise transfer its
rights, duties, or obligations under this Agreement without the prior written consent of the
Department, which consent shall not be unreasonably withheld. The Agreement transferee must
also demonstrate compliance with the requirements of the program. If the Department approves
a transfer of the Grantee's obligations, the Grantee remains responsible for all work performed
and all expenses incurred in connection with the Agreement. In the event the Legislature
transfers the rights, duties, and obligations of the Department to another governmental entity
pursuant to section 20.06 Florida Statutes, or otherwise, the rights, duties, and obligations under
this Agreement shall also be transferred to the successor governmental entity as if it were an
original party to the Agreement.
(27) Binding of Successors. This Agreement shall bind the successors, assigns, and legal
representatives of the Grantee and of any legal entity that succeeds to the obligation or the
Florida Department of State.
(28) Historic Preservation. In accordance with Section 267.061(2)(a) and (b), the grantee
will agree to submit information to the Department of State, Division of Historical Resources,
Bureau of Historic Preservation, for determination of historic significance of the project. This
will be completed prior to the release of state funds covered under this Agreement. Should the
Bureau of Historic Preservation deem the facility to have historic significance, the release of
state funds will occur when the Bureau notifies, in writing, the Division of Cultural Affairs that
the Grantee has satisfied the requirements communicated to the Grantee by the Bureau. Should
the facility not be deemed to be of historic significance, release of state funds will be governed
by other sections within this Agreement.
(29) The Organization must meet the standards of the Americans with Disabilities Act of
1990.
9
CA2E038, revised, eft: 7-2000
, .
"
In acknowledgment of Grant Number 01-9012, provided for from funds appropriated in
the 2000 Appropriation Act, in the amount of $500,000.00, City of Miami Beach, certifies that
each section has been read and agrees to comply with the requirements set forth in this
Grant Award Agreement, and to carry out the work described in Attachment A, attached
hereto and made a part of this Agreement.
By:
~
J2tJlt)d uJUAd
wt~Ce /01
Date
Grantee:
By:
Ea1imencQ~M ibevi:r6tty Manager
Typed name and title
ATTEST: ~d'" f4A.(lv-.-
Robert Parcher, City Clerk
'i / I L/ f )-Ood
Date
*If the authorizing official signing above on behalf of the grantee organization is not the
president of the board, another authorized board member or other equivalent official, such
individual must sign below.
On behalf of the board of directors, trustees or commission which govems the Grantee, I hereby
acknowledge awareness of, and agree to comply with, the conditions of this Agreement.
~/~
Signature
Neisen Kasdin, Mayor
Typed name and title
~of~
~ !ltj!Uf7J
Witness
Date
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
4f1tJ!f~ 7!~~
i1y ttomey
10
CA2E038, revised, eff. '-2000
PROJECT NARRATIVE
September 29, 2000
The Colonv Theater Renovation & Restoration Proiect. City of Miami Beach
A. Originally built as a "movie house" in 1934, the Colony Theater is the most used small/medium sized
performance venue in South Florida, with over 200 activities booked each year. The renovation of this historic
landmark has been recommended by the Miami-Dade County's Performing Arts Trust in its Existing Facilities
Plan. The project will facilitate a wider range of produclions that the movie house design currently inhibits.
The renovalion will also promote more complex artistic works and expedite increased audience volume. The
goal is to prepare the Colony for Ihe anticipated demand for performance space renlal when the downlown
Performing Arts Center opens and focuses iDlemational attention on the arts in Florida.
The City of Miami Beach foresees an anolher independent impact necessitating this renovalion project. The
Colony is a historic, cultural anchor on Lincoln Road, a pedestrian walkway completed in 1996. Lincoln Road
creates Ihe north border of South Beach, the most popular visitor destination in South Florida. Since
redevelopment began, Lincoln Road's pedestrian traffic and, Ihus, consumer sales have dramalically increased.
The completion of Ihe Loews holel/conveDlion facility and soon other large national slores provide an even
greater volume of pedeslrian traffic seeking cultural destinations for which Miami Beach is famed. Out
objective is to preserve the unique, historic Art Deco-Mediterranean style of the Colony while making the
facility fully functional so both visitors and our residents can enjoy quality cultural community entertainment.
Afier a carefitl desi'Zn review and the creation of construction documents, the following Phase I improvements will
be made to the Colony to provide a wider range of arts organizations from Ollr multi-ethnic community to perform
and to bring the Colony into ful/ compliance with ADA requirements:
. Expand backstage, increasing the stage left wing space, maximizing stage area and backstage loading access,
thus allowing more works to be performed.
. Add machine room and backstage elevator to move large scenery, pianos and heavy equipment.
. Construct new dressing rooms to accommodate at least 25 performers for larger performances.
. Create Star dressing room for performers/directors Ihal attract devoted arts audiences and patrons.
. Add motorized winches, line sets and dimmers for better technical transitions within performances.
. Create a mixed use Green Rooms/Crew Rooms for receptions but also add lockers for crew.
. Add climate control for piano storage and creates separate spaces for janitorial supplies & general storage of
ladders, lifts, visiting company road boxes, etc.
. Relocate duct and electrical work to accommodate upgrades in design and equipment while maintaining the
historic elements of the archileclure and style. (Included in each seclion price)
. Add production office, proximate to the slage door, with necessary space and equipment to handle increased
rentals and publicity.
. Create access passage from lobby and auditorium.
. Level front ofthe stage for use of wheelchairs and specialized personal equipment. (covered above)
The following Phase II improvements will restore the box office and lobby of the Colony to Art Deco grandeur
while also providing a modern requirement of professional theatre-a soundproof threshold.
. Install soundproofs barrier between seating and lobby so that the audience can not hear late patrons, ushers,
and stage crew during performances.)
. Decorative, protective and restorative finishes equipmem and fixtures for lobby & box office and facade.
A:\PROJECT NARRATIVE Update. doc
"
Attachment A
The Colony Renovation & Restoration PHASE 1
BUDGET SUMMARY
The City of Miami Beach
August 1, 1999
STATE MATCH TOTAL
Architectural Fee 561 667 5123333 5185.000
General Requirements 541 667 $83 333 5125.000
Site Construction 518 000 536 000 554.000
Concrete 528 667 557 333 S86.000
Masonry 542 000 584 000 5126.000
Metals 526 667 553 333 580 000
Wood and Plastic 511667 523 333 535.000
Thennal and Moisture
Protect/on 525 333 550 667 S76.000
Door and Windows ~ 510000 515000
Finishes 511667 523 333 535.000
Specialties mm 512667 519.000
Equipment 550 000 5100000 S150.000
Furnishing ~ 518000 527 000
Special Construction 525 000 550 000 575.000
Conveying Systems 528 667 557 333 586 000
Mechanical 575 333 5150667 5226 000
Electrical' $33,333 $66,667 $100,000
TOTAL $1,500,000
"
. .
ATTACHMENT C:
RESTRICTIVE COVENANTS
The following Restrictive Covenants shall be included in all grant award agreements:
THESE COVENANTS are entered into this / 5"'/'/1 day of -.Ll- VG-u.sT , 2000,
by err..y Or M 'A-M I B Eflc...H
hereinafter referred to as "the Owner, " and City of Miami Beach, hereinafter referred to as
"the Grantee/Lessee, " and shall be effective for a period of ten years from the date of
recordation by the Clerk of the Circuit Court of Miami-Dade County, Florida.
WHEREAS, the Owner is the fee simple titleholder of the Property located at:
The Colony Theater
1040 Linco~ Road
Miami Beach, FL 33139
Florida, as described in Exhibit A, attached to and made a part hereof, and
WHEREAS, the Grantee/Lessee is to receive Culturnl Facilities Grant Program funds
administered by the State of Florida, Department of State, Division of Culturnl Affairs, 1001
DeSoto Park Drive, Ta11ahassee, Florida 32301, hereinafter referred to as "the Department,"
in the amount of $500,000.00, to be used for the renovation/construction/purchase of the
facility situated on the property of the Owner as described in Exhibit A, and
WHEREAS, said State funds will be expended for the purpose of:
< The Colony Theater Renovation and Restoration Project >
(DCA Ref. #01-9012)
"
, .
Now THEREFORE, as part of the consideration for the State grant, the Owner and
the Grantee/Lessee hereby make and declare the following restrictive covenants which shall
run with the title to said Property and be binding on the Owner and its successors in interest, if
any, for the period stated in the preamble above:
1. The Owner and the Grantee/Lessee agree to maintain the property so that it
continues to be used for a cultural facility as defmed by the annual guidelines.
2. The Owner and the Grantee/Lessee agree that the Department, its agents and its
designees shall have the right to inspect the Property at all reasonable times in order to
ascertain whether the conditions of the Grant Award Agreement and these covenants are being
observed.
3. The Owner and the Grantee/Lessee agree that these restrictions shall encumber
the property for a period of ten years from the date of recordation, and that if the restrictions
are violated within the ten year period, the Department shall be entitled to liquidated damages
pursuant to the following schedule:
a. If the violation occurs within the fIrst fIve years of the effective date of these
covenants, the Department shall be entitled to return of the entire grant amount.
b. If the violation occurs after the fIrst fIve years, the Department shall be entitled
to return of the entire grant amount, less 10% for each year past the fIrst fIve. For instance, if
the violation occurs after the sixth anniversary of the effective date of these covenants, but
prior to the seventh anniversary, the Department shall be entitled to return of 80 % of the
original grant amount.
4. The Owner agrees to me these covenants with the Clerk of the Circuit Court of
Miami-Dade County, Florida, and shall pay any and all expenses associated with their filings
and recording.
5 The Owner and Grantee/Lessee agree that the Department shall incur no tax
liability as a result of these restrictive covenants.
2
. '
"
, "
IN WITNESS WHEREOF, the Owner and Grant Recipient have read these Restrictive
Covenants and have hereto affixed their signatures.
WITNESSES:
~'.DQ.~
Witness Signature
City of Miami Beach
OWNER
Lawrence A. leVY, City Manager
Witness Name TypedlPrinted
1700 Convention Center Drive
Owner's Address
~oP~
Witness Signature
Miami Beach, Florida 33139
City State Zip
Robert Parcher, City Clerk
Witness Name TypedlPrinted
The State of Florida
County of Hiau, - Oqde J .
c.. IN
I certify that on this date before me, an officer duly authorized in the state an~ named above to take
acknowledgments, that /...il w (e ,.J ~R J 4. levy personally
(Name)
appeared as c: ~t.ll J...jO/foJlAM.ffor C-;W of f1114+-1; 1>e..aL~
(Officer) e:r--- (Name. J CorporationlPartnership)
known to me to be or proved to my satisfaction that he/Me is the person described in and who executed the
foregoing instrument.
Type ofIdentification Produced ,J/11
f /1..._
Executed and sealed by me at ~ Florida on ~-f fS14 , 2000.
NorAR~~Bgr~~f ~~
COMM.IS6IO:Jt:; OF FLORIDA
OOMMlSsIONEXP.~ The State of r rLor/o/'~
[SEAL]
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
My commission expires:
1f~$
ztj/~
. ,
.'
, .
IN WITNESS WHEREOF, the Owner and Grant Recipient have read these Restrictive
Covenants and have hereto affIxed their signatures.
WITNESSES:
~o~
The Colony Theater
GRANT RECIPIENT
Lawrence A. Levy, City Manager
Witness Name TypedlPrinted
1040 Lincoln Road
Grant Recipient's Address
~~t p~
Witness Signature
Miami Beach, Florida 33139
City
State
Zip
Robert Parcher, City Clerk
Witness Name TypedlPrinted
The State of Florida ,
County of 1>1/ ftt..-II - D a de j .
e.;.l
I certifY that on this date before me, an officer duly authorized in the state and cOOftly named above to take
acknowledgments, that i-avJre/ll((' A. Le IIv personally
(Name) I
appeared as C,% f./QN~ef" for Gf!l of I/,OA/;' 13ePc1;
(Officer) (N of CorporationlPartnership)
known to me to be or proved to my satisfaction that he/. is the person described in and who executed the
foregoing instrument.
Type ofIdentification Produced
,J/",
,
, Florida on ~....r /.J~ ,2000
~. ~
7J~
otary Public in and for
Executed and sealed by me at J-ItQ/..t/- }H~. cI (J J
OFHCiAL
ULLIAN NOTJ\RYSEAt -
NOTARY PliIlLIC BEAUCflAMP
COw,M.1S8IO:J::; 01' FLORIDJ\
YOO MISSIONtxp CC73s:ln
. APR. 29.2002
The State of
R.Or1~
My commission expires:
[SEAL]
APPROVED AS TO
FORM & LANGUAGE
& FOREXECUnON
4
~1tdn41/ ';. ,1/!Y I/Z/
"iN mey
-
..:JM7EC'-NTH
IS?S) II
.
!"
TITLB:
Colony Theater
1040 Lincoln Road
ADDRES S .
LBGAL DBSCRIPTION:
Lot 12, B1k 47 (9-691 {Lincoln Subdivision
SIZB.
9,000 sq. ft. = .206 acres
USE:
Multi-Use Theater
ADJACENT ZONING.
C-3, C-2
YEAR OF ACQUISITION:
DEBD RBSTRICTIONS:
LEASES:
Concert Association of Greater Miami, Inc.
Term expires 8/31/1991 with (3) year renewal
TAX FOLIO:
# 3234-02-010
ASSBSSMBNTS - LAND.
$
$
$
345,558
139,500
ASSESSMBNTS - IMPROVEMENTS.
206,058
ASSESSMBNT - TOTAL.
DBSCRIPTION OF IMPROVEMENTS.
STRUCTURE:
Colony Theater
1934
$ 50,000
Total Rehab.
1987
$ 1,000,000
60 x 150 x 40
$
DATE OF CONSTRUCTION.
ORIGINAL COST.
!ll\JOR RERAllS:
DATE.
COST:
TYPE CONSTRUCTION.
DIMBWSIONS{8TORIBS'
CONTENTS VALUB:
Tax polio'
PARCEL
Block
ASSESSED VALUE
size
~
Land
Imnrovements
Total
City of Miami Beach . p . t "
"The Colony Theater Renovation and Restoration rOJec,
Attachment: (A) Legal Description
INDSX #: X-7
'.
-..::::
~
89/26/2888 16:38
.. .
858-922-5259
DIV. OF CULTURAL AFF
. '. . PAGE 82/82
Grant #:
Florida Department of State
Division of Cultural Affairs
The Capitol
Tallahassee, Florida 32399..(1250
850/487-2980
ASSURANCE OF COMPLIANCE AND SIGNATURE AUTHORIZATION
vy
. By signing this form, the Grantee certifies that the documents enclosed In the Grant Award package have been reed and fully
understood.
. The Grontee is required to comply with oil terms and conditions outlined In the document. referred to above. The undersigned
Bssures compliance on behalf of thB Grantee. Thl. compliance include. a.surance thBt adequBte procedure. will be in place to
collect statistical Information required for reporting purpose. in the most accurate and reliable method possible.
. These Authorizing Officials heve the euthority to enter Into contractual agreements on bahalf of tha organization. Only those
individualS signing below or their successors of similar rank may sign othar document. ralating to this grant.
1)
City Manaoer
TITLE of official authorized to enter Into
contractual agreements for the organization.
~~~
S NA E
DATE
119/11 l'2.c'oO
./
Jorge M. Gonzalez
1YPED NAME OF AUTHORIZED OFFICIAL
Neisen O. Kasdin
SIGJliJ
DATE f()//,lo(J
. .
/'
2)
Mayor
TITLE of any official delegated authority
in absence of official listed In #1 above.
1YPED NAME OF OFFICIAL WII H DELEGATED AUTHORITY
3) Confirmation of Grant COntact Person: Please note the name of the grant contact person as it appears on the
grant award letter. Is this person stili the contact person for this grant' Yes x No
If No, please indicate new contact person:
Check One:
Mr.l9L- Mrs. _ Ms. Dr.
CT PERSON
DATE
9/Je/oo
I
Should the former contact person be deleted from other current grant records? Ves No x
4) Confirmation of Address:
Please note the address as it appears on the award letter. Is this the correct address? Ves ..lL-.
If No, Indicate new address:
No --'-
CA.2~05'. <116/00