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HomeMy WebLinkAboutR-03-0426J-03-402 05/07/03 RESOLUTION NO. 03— 426 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE MANAGEMENT AGREEMENT ("AGREEMENT") BETWEEN THE CITY OF MIAMI AND MIAMI-DADE COMMUNITY COLLEGE, DATED MAY 13, 2002, TO AMEND SECTIONS 9.1 AND 9.2 OF THE AGREEMENT TO INCLUDE A PROVISION FOR THE PROVIDER TO MAKE ALTERATIONS AND IMPROVEMENTS TO THE PROPERTY KNOWN AS THE "TOWER THEATER." WHEREAS, the City of Miami ("City") entered into a Management Agreement ("Agreement") with Miami -Dade Community College ("Provider"), to use City -owned property, known as the Tower Theater located at 1508 Southwest 8th Street, Miami, Florida ("Property"), for a five-year period, with the option to renew for one additional five-year period; and WHEREAS, the Provider has requested authorization to make alterations and improvements to the Property; and WHEREAS, the City and Provider agree to modify the Agreement to include a provision that will allow the Provider to make alterations and improvements to the Property; ,..+ w. r a rid i': CITY COMMISSION MEETIh1G OF MAY 0 IS 2003 Resolution Up. 03- 426 NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Manager is authorized!' to execute Amendment No. 1, in substantially the attached form, to the Management Agreement ("Agreement") between the City of Miami and Miami -Dade Community College ("Provider"), dated May 13, 2002, to amend Sections. 9.1 and 9.2 of the Agreement to include a provision for the Provider to make alterations and improvements to the Property known as the "Tower Theater." Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.w�' 1� The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Page 2 of 3 03- 426 PASSED AND ADOPTED this ATTEST: Yl�ISCILLA A. THOMPSON CITY CLERK NDRO VILARELLO ATTORNEY W7198:tr:AS:BSS 8th day of May , 2003. AND CORRECTNESS: Page 3 of 3 03- 426 AMENDMENT NO. 1 TO THE MANAGEMENT AGREEMENT BETWEEN THE CITY OF MIANII AND MIAMI DADE COMMUNITY COLLEGE This Amendment is entered into this day of , 2003, (the "Amendment") by and between the City of Miami, a municipal corporation of the State of Florida (the ".City"), and THE DISTRICT BOARD OF TRUSTEES OF MIAMI- DADE COMMUNITY COLLEGE, A BODY CORPORATE ON BEHALF OF MIAMI- DADE COMMUNITY COLLEGE, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA (hereinafter the "Provider"), (hereinafter collectively referred to as the "Parties") for the purpose of modifying certain Management Agreement between the City and Provider dated May 13, 2002 (the "Agreement") as follows: WHEREAS, the City has entered into a Management Agreement with the Provider to use the City -owned property commonly known as the Tower Theater located at 1508 SW 8`h Street, Miami, Florida (the "Property"), for a term of five (5) years with the option to renew for one (1) additional five (5) year period; and WHEREAS, the Provider has approached the City to request authorization to perform certain alterations to the Property; and WHEREAS, the City and Provider agree that it would be to the benefit of the parties to modify the Agreement to include a provision that will allow Provider to perform alterations and improvements to the Property; NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth and in consideration of other valuable consideration the parties covenant and agree as follows: 1. Sections 9.1 and 9.2 of Article IX entitled "Alterations and Improvements" are hereby deleted in their entirety and replaced with the following language: 03- 426 4eG K 62 -70 A) Section 9.1 entitled "Alterations" shall read as follows: In the event the Provider desires to make or cause to be made any construction, repair, alteration, addition, deletion, partition or change to the Property (hereinafter collectively called "Alterations"), the Provider shall submit for prior approval by the Director of the Department of Economic Development detailed plans and specifications of the proposed Alterations and proof of funding and/or its financing plans. The Provider shall be solely responsible for applying and acquiring all necessary building and zoning permits. The Provider shall be responsible for any and all costs associated with any Alterations including, but not limited to, design, construction, installation and permitting costs. Provider acknowledges that the Property has been designated by the Miami City Commission as a historic site in accordance with Section 23.1-3 of the Code of the City of Miami, as amended. Accordingly, Provider agrees to comply with the requirements set forth in Section 23-5 of the Code of the City of Miami and that at all times during the Term: a) Provider, at Provider's sole cost and expense, shall ensure that all work done at the Property by Provider, or at Provider's direction, shall conform in architectural style and aesthetic form with the overall historic pre 1920's theme or ambiance of the Property; b) Provider, at Provider's sole cost and expense, shall ensure that all changes to the exterior of the Property that are done by Provider, or at Provider's direction, are approved by the City's Historic and Environmental Preservation Board (the "Board"); c) Provider, at Provider's sole cost and expense, shall ensure that any alterations to the exterior of the Property must meet the Secretary of the Interior's "Standards for Rehabilitation". All Alterations to the Property, whether or not by or at the expense of the Provider, shall, unless otherwise provided by written agreement of the Parties hereto, immediately upon their completion become the property of the City and shall remain and be surrendered with the Property. 2 03— 426 All Alterations must be in compliance with all statutes, laws, ordinances and regulations of the State of Florida, Miami -Dade County, City of Miami and any other agency that may have jurisdiction over the Property as they presently exist and as they may be amended hereafter. The Provider may provide additional equipment and personal property necessary for its operation at the Property. All equipment and personal property provided or used by the Provider at the Property shall be of good quality and suitable for its purpose. The Provider agrees that the final decision as to the age, condition, design and acceptability of Alterations and equipment, furnished for installation and use, shall be made by the Director in his sole discretion. B) Section 9.2 entitled "Mechanic Liens" shall read as follows: The Provider shall not permit any mechanics' liens to be filed against the Property, against the Provider's interest in the Property, or against any Alteration by reason of work, labor, services or materials supplied to the Provider or anyone having a right to use the Property. Nothing in this Agreement shall be construed as constituting the consent or request of the City, expressed or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman for the performance of any labor or the furnishing of any materials for any specific Alteration, or repair of or to the Property nor as giving the Provider the right, power or authority to contract for or permit the rendering of any services of the furnishing of any materials that would give rise to the filing of any mechanics liens against the City's interest in the Property. If any mechanics' lien shall at any time be filed against the Property, the Provider shall cause it to be discharged of record within fifteen (15) days after the date the Provider has knowledge of its filing. If the Provider shall fail to discharge a mechanics' lien within that period, then in addition to any other right or remedy, the City may, but shall not be obligated to, discharge the lien either by paying the amount claimed to be due or by procuring the discharge of the lien by deposit in court of bonding, or in the event the City shall be entitled, if it so elects, to compel the prosecution of any 3 03- 426 action for the foreclosure of the mechanics' lien by the lienor and to pay the amount of the judgment, if any, in favor of the lienor with interest, costs and allowances with the understanding that all amounts paid by the City shall constitute Additional Payments due and payable under this Agreement and shall be repaid to the City by the Provider immediately upon rendition of an invoice or bill by the City. Notwithstanding the aforementioned, the Provider shall not be required to pay or discharge any mechanics' lien, and will not be considered to have committed an Event of Default, as hereinafter defined, so long as (i) the Provider shall in good faith proceed to contest the lien by appropriate proceedings, (ii) the Provider shall have given notice in writing to the City of its intention to contest the validity of the lien, and, (iii) the Provider shall furnish and keep in effect a surety bond of a responsible and substantial surety company reasonably acceptable to the City or other security reasonably satisfactory to the City in an amount sufficient to pay one hundred ten percent of the amount of the contested lien claim with interest, costs and expenses, including reasonable attorneys' fees, to be incurred in connection therewith. The Provider shall have no responsibility for mechanics liens filed against the Property as a result of work, labor, services, or materials contracted for by the City or contracted for by anyone other than Provider, its agents, representatives, or third parties using the Property pursuant to Provider's Agreement for Temporary Use. Except as specifically provided herein, all of the terms and provisions of the Management Agreement shall remain in effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 to the Management Agreement on the day and year first above written. 4 03- 426 Witness: Signature Print Name Attest: Bv: Priscilla A. Thompson City Cleric APPROVED AS TO FORM AND CORRECTNESS By: Alejandro Vilarello City Attorney PROVIDER: THE DISTRICT BOARD OF TRUSTEES OF MIAMI -DADS COMMUNITY COLLEGE, A BODY CORPORATE ON BEHALF OF MIAMI -DADS COMMUNITY COLLEGE, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA Name and Title City of Miami, a municipal corporation of the State of Florida By: Joe Arriola City Manager 5 03- 426 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM CA -19 TO: DATE: FILE: IN HonoCble yor andemb rs f he Citission SUBJECT: Amendment No. 1 v� Management Agreement Tower Theater FROM: e rrlola REFERENCES: hi f Administrator /City Manager City Commission Agenda ENCLOSURES: May 8, 2003 RECOMMENDATION The administration recommends that the Miami City Commission approve the attached Resolution authorizing the City Manager to execute an Amendment to the Management Agreement (the "Amendment"), in substantially the attached form, with Miami Dade Community College (the "Provider") dated May 13, 2002 (the "Agreement"). This Amendment is for the purpose of modifying sections 9.1 and 9.2 of the Agreement to include a provision for the Provider's performance of alterations and improvements to the City owned property located at 1508 S.W. 8th Street, Miami, Florida, a/k/a Tower Theater (the "Property"). BACKGROUND On May 13, 2002 the City entered into a management agreement with Miami Dade Community College to use the City owned property commonly known as the Tower Theater located at 1508 SW 8th Street, Miami, Florida. At the time of negotiations of the management agreement, Miami Dade Community College did not contemplate performing any improvements to the property. Therefore, there is no provision in the agreement to allow Miami Dade perform any alterations to the property. During the past ten (10) months of their operation at the Property, Miami Dade Community College has received numerous requests to perform musicals and cultural activities but has not been able to accommodate them due to the limitations of the stage of cinema 1 of the Property. Miami Dade Community College has approached the City to request authorization to perform certain alterations related to the expansion of the stage of cinema 1. In order to perform said alterations the seating capacity of the aforesaid cinema must be reduced from 239 to 207 seats. The expansion of the stage will provide Miami Dade Community College the ability to expand their programs and activities. By being able to diversify the events presented at the theater, it will help to promote and increase the uses of the theater. 03- 426 The Honorable Mayor and Members Of the City Commission Page 2 At this time the Administration recommends to modify the Agreement in order to allow Miami Dade Community College to perform alterations and improvements to the Property. Financial impact: There is no negative financial impact to the general fund of the City. JA/LM K/eb: CC/Amend. 1 MA- Miami Dade Comm. College 03- 426