97-22464 RESO
RESOLUTION NO:
97-22464
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING
THE EXTENSION OF THE LEASE AGREEMENT WITH
THE CONCERT ASSOCIATION OF FLORIDA, INC., AS
SUCCESSOR IN INTEREST TO THE CONCERT
ASSOCIATION OF GREATER MIAMI, INC., FOR THE
COLONY THEATRE, LOCATED AT 1040 LINCOLN ROAD,
MIAMI BEACH, FLORIDA, AND FURTHER AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE AN
AMENDMENT TO THE LEASE AGREEMENT.
WHEREAS, on July 27, 1988, the Mayor and City Commission adopted Resolution No. 88-
19309, approving a Lease Agreement with the Concert Association of Greater Miami, Inc., for the
lease of the Colony Theatre located at 1040 Lincoln Road; and
WHEREAS, on December 15, 1993, the Mayor and City Commission adopted Resolution
No. 93-20990, approving the execution of a new Lease Agreement, which expires on the 31st day
of August, 1997; and
WHEREAS, the Concert Association of Greater Miami, Inc. is now succeeded by the
Concert Association of Florida, Inc. (Concert Association); and
WHEREAS, pursuant to Article Three of the of the current Lease Agreement, the Concert
Association notified the City of its intent to exercise its option to extend the Lease for a period of
three (3) years, commencing September 1, 1997 and ending August 31, 2000; and
WHEREAS, the City and the Concert Association have renegotiated and agreed on an
operating subsidy of $55,000 for the Lease Year ending August 31, 1998, $50,000 for the Lease
Year ending August 1999, and $45,000 for the Lease Year ending August 31,2000; and
WHEREAS, the City and the Concert Association have agreed that any revenues derived
from the adjacent cafe will be paid to the City, and the City will use said monies to offset the cost
of any repair and maintenance required at the Colony Theatre that is the responsibility of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH that the extension ofthe Lease Agreement
requested by the Concert Association of Florida, Inc., as the successor in interest to the Concert
Association of Greater Miami, Inc., for the Colony Theatre, located at 1040 Lincoln Road, Miami
Beach, Florida, be approved subject to the amendments contained therein and as attached hereto; and
the Mayor and City Clerk are herein authorized to execute the attached Amendment to the Lease
Agreement.
PASSED AND ADOPTED THIS
, 1997.
Attest:
Rol<u.~ ~GlA-~
CITY CLERK
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APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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Date
CITY OF MIAMI BE,ACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.f1.us
COMMISSION MEMORANDUM NO. ~
FROM:
Mayor Seymour Gelber and DATE: July 16, 1997
Members of the City Commission
Jose Garcia-pedrosaM.. .
City Manager .
if
A RESOLUTI~ APPROVING THE EXTENSION OF THE LEASE
AGREEMENT, AS AMENDED, WITH THE CONCERT ASSOCIATION OF
GREATER MIAMI, INC. FOR THE COLONY THEATRE, LOCATED AT
1040 LINCOLN ROAD, MIAMI BEACH, FLORIDA.
TO:
SUBJECT:
ADMINISTRATION RECOMMENDATION:
Approve the Resolution.
BACKGROUND:
On July 27, 1988, the Mayor and City Commission adopted Resolution No. 88-19309 approving a
Lease Agreement between the Concert Association of Greater Miami, Inc. (Concert Association) and
the City of Miami Beach (City), for the use of the Colony Theatre. Said Lease Agreement was to
expire on August 31, 1994.
On December 15,1993, the Mayor and City Commission waived the provisions of Ordinance No.
92-2783, which require public bidding and an independent appraisal, and adopted Resolution No.
93-20990 approving the execution of a new Lease Agreement, with the Concert Association. Said
Lease Agreement expires on August 31, 1997. Pursuant to the terms of the current Lease Agreement
the City would provide an operating subsidy to the Concert Association of$70,000 in 1995, $65,000
in 1996, and $60,000 in 1997. Additionally, the City is responsible for the maintenance of the
facility. Approximately $8000.00 in maintenance costs were incurred by the City during 1995 and
1996.
On June 12, 1997, the City received notice from the Concert Association of its intent to exercise its
option to extend the Lease term. Pursuant to Article 3 of the of the current Lease Agreement said
option to extend is for one three (3) year period and subject to approval by the Mayor and City
Commission. Said three (3) year period shall commence on September 1, 1997 and end August 31,
2000. The City and the Concert Association have agreed to continue reducing the operating subsidy
provided to the Concert Association by the City to $55,000 for the Lease Year ending August 31,
1998, $50,000 for the Lease Year ending August 1999, and $45,000 for the Lease Year ending
August 31, 2000.
......continued
AGENDA ITEM c.1. C
DATE l-\~-9.l
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Furthermore, the City and the Concert Association have agreed that any revenues derived from the
cafe adjacent to the Colony Theatre will be paid to the City. The City will use said monies to offset
the cost of any repair and maintenance required at the Colony Theatre that is the responsibility of
the City.
CONCLUSION:
The extension of the Lease Agreement requested by the Concert Association for the Colony Theatre,
should be granted, as amended, for a three year period commencing September 1, 1997 and ending
August 31, 2000.
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AMENDMENT TO LEASE AGREEMENT
This Amendment to the Lease Agreement dated September 27, 1994, for the Colony Theatre
located at 1040 Lincoln Road, Miami Beach, Florida, between the City of Miami Beach (City), a
Florida Municipal Corporation, having its principal office at 1700 Convention Center Drive, Miami
Beach, Florida, hereinafter referred to as the "Lessor" and the Concert Association of Florida, Inc.
(Concert Association) as having its principal office at 555 - 17th Street~' Miami Beach, Florida,
hereinafter referred to as the "Lessee", is entered into this 19th day of December .' 1997.
WITNESSETH
WHEREAS, on July 27, 1988, the Mayor and City Commission adopted Resolution
No. 88-19309, approving a Lease Agreement with the Concert Association of Greater Miami, Inc.
for the lease of the Colony Theatre located at 1040 Lincoln Road; and
WHEREAS, on December 15, 1993, the Mayor and City Commission adopted Resolution
No. 93-20990, approving the execution of a new Lease Agreement, which expires on the 31st day
of August, 1997; and
WHEREAS, pursuant to Article 3 of the of the current Lease Agreement, the Concert
Association notified the City of its intent to exercise its option to extend the Lease for a period of
three years, commencing September 1, 1997 and ending August 31, 2000; and
WHEREAS, the City and the Concert Association have agreed on an operating subsidy of
$55,000 for the Lease Year ending August 31,1998, $50,000 for the Lease Year ending August
1999, and $45,000 for the Lease Year ending August 31, 2000; and
WHEREAS, the City and the Concert Association have agreed that any revenues derived
from the cafe will be paid to the City, and the City will use said monies to offset the cost of any
repair and maintenance required at the Colony Theatre that is the responsibility of the City.
NOW, THEREFORE, the Lease Agreement is hereby amended as follows:
1. Any reference to the Concert Association of Greater Miami, Inc. shall be amended to the
Concert Association of Florida, Inc., as successor in interest thereto.
2. Article 24 on Page 9 of the Lease Agreement is deleted in its entirety and replaced with the
following language:
In keeping with Lessor's desire to actively participate in providing cultural facilities,
and recognizing the unique public service benefits provided by the Lessee, Lessor
shall contribute the facility for the use of the Lessee as a performing arts center and
the City shall thereby forego receiving a fair rental value on the facility. As further
consideration for Lessee operating and managing the Leased Premises, Lessor will
provide Lessee with an operating subsidy in the amount of $55,000 for the Lease
Year ending August 31, 1998, $50,000 for the Lease Year ending August 1999, and
$45,000 for the Lease Year ending August 31, 2000. Additionally, any revenues
derived from the cafe described in Paragraph 22, its successors or assigns, will be
paid to the City and the City will use said monies to offset the cost of any repair and
maintenance, required at the Colony Theatre, that is the responsibility of the City.
Any obligation of Lessor within this lease which extends beyond the current fiscal
year is subject to the budget appropriations in subsequent years.
Lessor reserves the right to use the premises twelve (12) days per year at no fee for
special not-for-profit events which may be beneficial to the City or may be City-
sponsored special events. Said events shall be scheduled in advance so as to not
conflict with dates or events already scheduled by the Lessee.
3. All other terms and conditions of the Lease Agreement between the Lessor and the Lessee
shall remain in full force an effect.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to the Lease
Agreement to be executed by their duly authorized officials on the day first above indicated.
C6/v.u c'r PGU~
CITY CLERK
CITY OF MIAMI BEACH, FLORIDA
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ATTEST:
WITNESSES:
CONCERT ASSOCIATION OF FLORIDA, INC.
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Authorized ~i atory
Judith Drucker. President
Name and Title of Signatory
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F:\PURC\$ALL\ASSETS\COLONY\CLNY _ EXTAMD 7/9/97
APPROVED AS TO
FORM & lANGUAGE
& FOR EXECUTION
M~
City Attorney
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