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2007-26571 Reso RESOLUTION NO. 2007-26571 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE RENAMING OF THE CITY OWNED CULTURAL FACILITY, CURRENTLY NAMED THE"JACKIE GLEASON THEATER OF THE PERFORMING ARTS," LOCATED AT 1700 WASHINGTON AVENUE, MIAMI BEACH, FLORIDA, TO THE "FILLMORE MIAMI BEACH AT THE JACKIE GLEASON THEATER"; PROVIDED FURTHER THAT THE CITY'S CONSENT TO THE PROPOSED RENAMING (i) SHALL BE SUBJECT TO AND CONDITIONED UPON APPROVAL BY THE MAYOR AND CITY COMMISSION, ON SECOND AND FINAL READING (CURRENTLY SET FOR JUNE 6, 2007), OF THE AMENDMENT TO THE CITY'S NAMING ORDINANCE, WHICH AMENDMENT EXEMPTS THE JACKIE GLEASON THEATER FROM THE PROVISIONS THEREOF, AND (ii) SHALL BECOME EFFECTIVE TEN (10) DAYS FOLLOWING THE ADOPTION OF SAID AMENDMENT. WHEREAS, on May 16, 2007, the City Commission adopted Resolution No. 2007- 26548, approving a Management Agreement with Live Nation to manage and operate the Jackie Gleason Theater of the Performing Arts, located at 1700 Washington Avenue (the Theater); and WHEREAS, the Management Agreement is for a ten year term, with a five year renewal option, at the sole discretion of Live Nation, and a second five year renewal option under mutual agreement; and WHEREAS, Live Nation's will provide a guaranteed return to the City of at least $1 million per year, whereas the Theater currently incurs an annual operating and capital deficit of $2.4 million; and WHEREAS, additionally, the City and Live Nation negotiated provisions in the Agreement which would give Live Nation certain rights, subject to City approval (and such other provisions as set forth in the Management Agreement) to: (1) rename the Theater from the "Jackie Gleason Theater of the Performing Arts," to the "Fillmore Miami Beach at the Jackie Gleason Theater;" (2) as well as subsequent rights, subject to City approval (and such other provisions as set forth in the Management Agreement) to name interior portions of the Theater and any future renaming of the exterior other than as set forth in (1) above; and WHEREAS, Live Nation has stated that the change of the name of the Theater to the "Fillmore Miami Beach at the Jackie Gleason Theater" is necessarv for the success of the venue; and Agenda Item Date ~7L b-~ -07 WHEREAS, in order to accomplish the change of the Theater name, as well as future naming for the interior portions, the Administration has determined that the most effective means of accomplishing this would be to exempt the Theater from the City's Naming Ordinance (as codified in Chapter 82, Article VI, Sections 82-501 through 82-505 of the City Code); and WHEREAS, accordingly, on May 16th, 2007, in conjunction with the Resolution approving the Live Nation Management Agreement, the Mayor and City Commission approved, on first reading, an Ordinance exempting the Theater from the provisions of the City's Naming Ordinance; second and final reading is scheduled for June 6, 2007; and WHEREAS, the Administration would recommend that the Mayor and City Commission hereby approve the aforestated proposed name change of the Theater from the "Jackie Gleason Theater of the Performing Arts" to the "Fillmore Miami Beach at the Jackie Gleason Theater," subject to and contingent upon the City Commission's approval, on second and final reading, of the aforestated amendment to the City's Naming Ordinance, exempting the Theater from the provisions thereof. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor And City Commission hereby approve and authorize the renaming of the City owned cultural facility, currently named the "Jackie Gleason Theater of the Performing Arts," located at 1700 Washington Avenue, Miami Beach, Florida, to the "Fillmore Miami Beach at the Jackie Gleason Theater"; provided further that the City's consent to the proposed renaming (i) shall be subject to and conditioned upon, approval by the Mayor and City Commission, on second and final reading (currently set for June 6,2007), of the amendment to the City's Naming Ordinance, which amendment exempts the Jackie Gleason Theater from the provisions thereof, and (ii) shall become effective ten (10) days following the adoption of said amendment. / PASSED and ADOPTED this 6th day o~/ une David Dermer ATTEST: ~6t f~t~ CITY CLERK Robert Parcher F:\atto\AGUR\RESOS-ORDlJackie Gleasan Theater - Name Change Resolution.doc APPROVED AS TO FORM & LANGUAGE FOR EXECUTION J - / / 4d:1 ~ COMMISSION ITEM SUMMARY Condensed Title: A Resolution Approving And Authorizing The Mayor And The City Commission To Rename The City Owned Cultural Facility, Currently named the "Jackie Gleason Theater Of The Performing Arts:, Located At 1700 Washington Avenue, Miami Beach, Florida, To "The Fillmore Miami Beach At The Jackie Gleason Theater". Ke Intended Outcome Su orted: Increase community ratings of cultural facilities. Issue: Should the City approve the Resolution? Item Summary/Recommendation: On May 16, 2007, in conjunction with the Resolution approving Live Nation Management Agreement, the first public hearing was held to exempt the Jackie Gleason Theater of the Performing Arts from the Public Naming Ordinance. As part of the agreement, the City has accepted Live Nation's request to rename the JGT to "The Fillmore Miami Beach at the Jackie Gleason Theater". Live Nation has stated that a change of the name of the Facility is necessary for the success of the Venue. The proposed Management Agreement contains an opt-out provision if the name is not changed in accordance with the forgoing. The Administration recommends that the City Commission adopt the Resolution that will rename the Jackie Gleason Theater of the Performing Arts to "The Fillmore Miami Beach at the Jackie Gleason Theater". This name change will offer an additional potential revenue source, which would benefit the facility in offsetting operation costs and the costs forfuture capital maintenance and renovations. Advisory Board Recommendation: I Financial Information: Source of Amount Account Funds: 1 I I 2 3 OBPI Total Financial Impact Summary: Ci Clerk's Office Le islative Trackin Carla Gomez xt. 6713 Si n-Offs: Department Director tD ,.,. MIAMI BEACH AGENDA ITEM DATE R7C- cr~--c:J7 lD MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM DATE: Mayor David Dermer and Members of the City Commission Jorge M. Gonzalez, City Manager \ ~" / June 6, 2007 (] 0 A RESOLUTION APPROVING AND AUTHORIZING THE MAYOR AND THE CITY COMMISSION TO RENAME THE CITY OWNED CULTURAL FACILITY, CURRENTLY NAMED THE "JACKIE GLEASON THEATER OF THE PERFORMING ARTS", LOCATED AT 1700 WASHINGTON AVENUE, MIAMI BEACH, FLORIDA, TO "THE FILLMORE MIAMI BEACH AT THE JACKIE GLEASON THEATER". TO: FROM: SUBJECT: ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS During the May 16, 2007 Commission Meeting, Resolution No. 2007-26548 was adopted that approved the proposed Management Agreement with Live Nation to manage and operate the Jackie Gleason Theater of the Performing Arts for a ten year period, with a five year renewal option at the sole discretion of Live Nation and a second five year renewal option under mutual agreement. The Live Nation proposal will provide a guaranteed return to the City of at least $1 million per year, whereas the facility currently incurs an annual operating and capital deficit of $2.4 million. This represents a significant shift in the operation of the facility as it will convert a facility that operates significantly in the "red" to one that operates significantly in the "black". On May 16th, in conjunction with the Resolution approving the Live Nation Management Agreement, the first public hearing was held, to exempt the Facility from the Public Naming Ordinance. Live Nation has stated that a change of the nameofthe Facilityto'The Fillmore Miami Beach at the Jackie Gleason Theater" is necessary for the success of the Venue. The proposed Management Agreement contains an opt-out provision if the name is not changed in accordance with the forgoing. In order to maintain the ability to change the Venue's name, the City Commission must exempt the Facility from the naming ordinance (as codified in Chapter 82, Article VI, Sections 82-501 through 82-505 of the City Code), which is the subject of a separate Ordinance. Commission Memorandum - JGT Name Change Resolution June 6, 2007 Page 2 of 2 CONCLUSION The Administration recommends that the City Commission adopt the Resolution that will rename the Jackie Gleason Theater of the Performing Arts to "The Fillmore Miami Beach at the Jackie Gleason Theater". This name change will offer an additional potential revenue source, which would benefit the facility in offsetting operation costs and the costs for future capital maintenance and renovations. JMG:TH:cmg T:\AGENDA\2007~un0607\Regular\JGT Name Change Reso Memo 06-06-07.doc