98-22786 RESO
RESOLUTION NO. 98-22786
A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING A LETTER
AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE
GREATER MIAMI CONVENTION AND VISITORS BUREAU, AND,
WAIVING THE NINETY (90) DAY NOTICE REQUIRED TO TERMINATE
THE INTERLOCAL AGREEMENT BETWEEN THE BUREAU AND THE
CITY, AS SET FORTH IN SECTION 4 OF THE INTERLOCAL
AGREEMENT, AND PROVIDING THAT, PURSUANT TO THE TERMS OF
SAID LETTER AGREEMENT, THE CITY SHALL NOW HAVE UNTIL
SEPTEMBER 29, 1998, WITHIN WHICH TO PROVIDE THE BUREAU
WITH WRITTEN NOTICE OF ITS INTENT TO TERMINATE THE
INTERLOCAL AGREEMENT, SAID TERMINATION TO BE EFFECTIVE AS
OF SEPTEMBER 30,1998.
WHEREAS, the City of Miami Beach (City) entered into an lnterlocal Agreement on March
3, 1995, with the Greater Miami Convention and Visitors Bureau (Bureau); and
WHEREAS, the Agreement shall stand to be automatically renewed at the end of each fiscal
year, unless a participating public agency delivers written notice to the Bureau, more than ninety
(90) days before the date the term expires (September 30, 19XX); and
WHEREAS, the City is currently in negotiation with the Bureau regarding the lnterlocal
Agreement; and
WHEREAS, it is anticipated that these negotiations will not be concluded in time to afford
the City the required ninety (90) day notification of the City's intent to terminate, pursuant to the
Agreement; and
WHEREAS, the Administration has been in contact with Lucia Dougherty, counsel for the
Bureau, who has been authorized by the Bureau to execute the attached Letter Agreement, agreeing
to a waiver of the ninety (90) day notice requirement, under Section 4 of the lnterlocal Agreement;
and
WHEREAS, pursuant to the attached Letter Agreement, the City now has until September
29, 1998, within which to provide the Bureau written notice of its intent to terminate the Interlocal
Agreement, said termination being effective on September 30, 1998.
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NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, that the Mayor and City Commission
herein approve the attached Letter Agreement between the City of Miami Beach and the
Greater Miami Convention and Visitors Bureau, waiving the ninety (90) day notice required
to terminate the Interlocal Agreement between the Bureau and the City, as set forth in
Section 4 of the Interlocal Agreement, and providing that, pursuant to the terms of said
Letter Agreement, the City shall now have until September 29, 1998, within which to
provide the Bureau with written notice of its intent to terminate the Interlocal Agreement,
said termination to be effective as of September 30, 1998.
PASSED and ADOPTED this 17thdayof
June , 1998.
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ATTEST:
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CITY CLERK
SR:MDB:lcd
Attachment
F:\CMGR\$ALLlCOMMEMO.98\BUREA3R.IA
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
C'k~~f~
if\' Attorn
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Date
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Ml'. .sergiu Rodd~lIe'/.
City Mana~~l'
City of Miami Bc:adl
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MiaJlli Beach, "'IOIida 3:S I jl)
R 1:. Ul't~a(~l' 1\/ ialJli ( '1l1lV~1l1 iilll & Visilnrs Bureau C'OMCV B".l
Deal' Mr. l~odrigllt:l;
This ltm<:r is 10 cOi1tinu lIlt: waiver oy tIle OMCVD of the ninety (90) day provision ill
wlikh to tCl"llliu"te Ih~ inll:rlvl;ul Ugrt:~lI1l;;lIt pursuant to Section 4 of said interlocal nf,rt'l~ement until
Septl<!mbd' 29, J 998. III Ih~ tWC!lIt lIf a termination pursuant to said section, no thture payment$ are
owed 10 tlld City of Miami Bt!ach pursuant to the: agreement between the GMCVB and the City of
Miami Beach dated September 28,1995
Jt YOll have llllY (llI~SlilJll.') ill connectiun willi lito ahove, plcu~(; call J1l~ at 305-579-0603.
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AOREEMENT
I
T.HI~ AGRLEMENT i3 maJc: liUt! C:UIl;I~ tutu .u ufulI: :z ~ day ofoSepte:noc:r, 1995,
by and b~tween the City oflYfiami Bcuch (the: "City"), and Gre.:ltcr Miami Con....ention and Visitors
Bureau, Cne" a Florida noe-for.profit COrporntiun (the "Bureau.). .
w r TN F SSE T H~
WflFREAS, the AllfdUl olrre.ndy r~ved rever1U~ ("Bllreau Revenuel') from the City ("City
R:::vt:nuc:") pursuant :0 that Cl:rtain Interloca1 Agr~~ment dated September 30, 1993, by and among
rhe City. the Burt::.aU, Dade: COWlty, the City of Miami, ilnd the village ofEal Harbour (the "Intedocal
Ag1't~~rnl;:nt"): and
WHEREAS, the partit.:s have agreed to certain matters In connection with City Revenue
payabl~ under the rmerloeal Agreement as herein s~t forth.
NOW, TIfEREFORE, ill consiJerdtion of the sum tJf ten dollars (SI0) and other good and
valual.Jle con::iideration, the recdpt and sufficiency of which are hereby acknowledged, as well as in
consideration of the.rnutual cuvenants and agreenleuts cont:ilned herein, the parties, intending to be
legall{bound, hereby ackllowledge aad agred as follows;
1. Begill11inlJ Ol,;(ogef 1, 1995, the S125.000 revenue collection costs referred to in
Sd.1ion 2.01(b) of the LnterlOcal Aar~ment ~hall be changed to be an amount equal
to tour percent (4%) of the gross revenuC3 collected which sbaIl be deducted prior
to distribution of such Revenue.
2, Thi: Bw CC1U':j Nuuwl41tiUg CUJwuittt:t: anu l(:auc:r:ihip will continue its effortS to have
rc:pn::ll:Ut.itiVC: membership from Miallli Bea~h on BW'l:aU Beards and Conunittces.
o.
3. Upon the: Jdiy~)' to the Bureau of aft offi~ to be proviJc:d by the City in tile J\!iami
Ueach Couvcntion Cencer, the !3\U"c:uu will Mff .sueD office Juring noruw WQIk1ug
huur~ with one: (1) full. time: pl:rson to proviJ&:, primarily, convention ~alcs,
4. 8ur~au Rc:venul:: for purposes of thl: 1nltldoc:al Agreement :sh411 not includ(: the:
Bur~au's mare of the 1% additional bed C3.,"c approved by n:ft:rt:ndum tbat will go into
~ffei:t Ilpon thd ext!Clrtloo by the City uf the .Deveto~s Contract for th~ 1.Qows Hotel
proj~ct (the "()evelope~3 Contract"), but Bure::m R~v~nue shall include the 2% city
wide resort ta:c revenue, wnetht:r genernted by the:! I..oews Hotel project, or othen'/j:;e,
and any agreements or letters to the contrary are hereby C3.l1cl!lfed.
5. To support [ht: Lo<:ws Hotel prqject, in tbe: l;Vent the ell}' i~:lUes bonds for the I..(Jews
Hotel project (''BCJod:l''), the BUt~u will wakt: three (3) annual contnoutions elf
5900,000 each towards paym~nt of City's required payments on the Bonds. S.:1.id
pilymcnl.:l ~ Ix: due and payable oue: (1) week prior to the: dates on which the City
i:l required to m.ak~ its annual paym~ un the Bonds, the first of which is anticipat~d
COil 'J
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to O';CIJf some tilDe; ~ly iu lh(; ~a\ll4i{" Yc.:aJ" 1996. The City sball provide a
resolutiun and whatc:ver other JO~1Jm~ltatklO i~ reason,lhly nec~ssary to a:lsist the
EWl:;lu in obtaining 1ina.ncin~ for .said p4)'lOcnts, iJ.u.:luUU1K, witl.taut limit.1uon. .a:.::~.::
certification chat the City shaJJ not tc:nninace the Interlocal Agreement during the tc:rm
of thi3 A~~t. The oblj~on (0 m.sk.: :iUch pa.ymc:nt.1 sl.lO:llI nof be eff'ective urues3
aad umil the Developer's ContrJct i3 entered into, and such payme:1ts shalt not be
~fftrlive unless and until the D~elop~r3 Contract i3 entered into, and such payment
ul;ligatiuu, /Lml thh AgllXll1C::nt in its entirety, shall cease and expire thre~ (3) years
after the dace hereof
O. 1111: .!:JureJu shall give strung Ci)n..~jderalinn to prop~rties lIladt: :l.vulJ.:1blc by the;: City
in dl.:ciding where to mOVe; the lJUfe<1u';:j uffi(':e:i in the future.
fl'~ WITNESS WHEREOF, (he parties hereto hd.....G hc:r;;.uuto :lIet thc:ir respective hands alld
:ll:Jb <:l~ uf I lie: Jay amj yt.:4{ fusr auuve written.
cr#trAMJ BEACH
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Attest:
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FORM APPROVED BY
LEGAL DEPAATMENT.
Cit~~i"!J )~!lc-j!-_ ,
ORcA TER MIAMI CONVENTION A1~'D
VlSlT~ BUREAU, INC., 4
~:7.^tt( ~orMion
.Mcm:tt R. Stierhdw
Pr~~ic!en( and Chi~f
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U,i:) I~~VI(~ ~J.LY::l~~J ~W~[ 1IlllllHh ,[[-1nr
CITY OF MIAMI BEACH
;;ITY HALL 1700 CONVENTION CENTER DRIVE MI.A.MI BEACH, FLORIDA. 33139
lttp:\\ci miami-beach.fl.us
COMMISSION MEMORANDUM NO. 412-98
TO:
Mayor Neisen O. Kasdin and
Members of the City C mission
DATE: June 17, 1998
FROM:
Sergio Rodriguez
City Manager
SUBJECT:
A RESOL ION OF THE MAYOR AND THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, APPROVING A LETTER
AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE
GREA TER MIAMI CONVENTION AND VISITORS BUREAU, AND,
WAIVING THE NINETY (90) DAY NOTICE REQUIRED TO TERMINATE
THE INTERLOCAL AGREEMENT BETWEEN THE BUREAU AND THE
CITY AS SET FORTH IN SECTION 4 OF THE INTERLOCAL
AGREEMENT.
,.
ADMINISTRA TION RECOMMENDATION:
Adopt the Resolution.
BACKGROUND:
The City of Miami Beach (City) entered into an lnterlocal Agreement on March 3, 1995, with the
Greater Miami Convention and Visitors Bureau (Bureau). The Agreement shall stand to be
automatically renewed at the end of each fiscal year, unless a participating public agency delivers
written notice to the Bureau more than ninety days before the date the term expires (September 30,
19XX).
The City is currently in negotiations with the Bureau regarding the lnterlocal Agreement. It is
anticipated that these negotiations will not be concluded in time to afford the City the original ninety
day notification prior to the expiration term of September 30, 1998 (i.e. July 1, 1998). The
Administration has been in contact with Lucia Doughtery, counsel for the Bureau, who has been
authorized by the Bureau to forward the attached Letter Agreement, agreeing to a waiver of the
ninety (90) days notice requirement under Section 4 in the lnterlocal Agreement. The Letter allows
the City until September 29, 1998, to notify the Bureau of its intent to terminate the lnterlocal
Agreement. Additionally, the City agrees that the Bureau does not waive its right to stop payment
of the remaining $450,000, toward the City's payment on the bonds issued for the Loew's Hotel
project, pursuant to the Agreement entered into between the City and the Bureau, dated September
28,1995.
Agenda Item C J W
Date 0 -( l-g C{:
1
CONCLUSION:
The Administration recommends that the Mayor and City Commission approve the Resolution
waiving the notice requirement in the lnterlocal Agreement between the City and the Bureau.
SR:l'vIDB:lcd
Attachment
F:\CMGR\SALLlCOMMEMO.98\BUREA3.IA
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