HomeMy WebLinkAboutSubmittal-Reso of the Cocoanut Grove VillageCocoanut Grove Village Council
David Collins - Chair
Kate Callahan — Vice -Chair
David Himmel — Treasurer
Michelle Barton -King - Secretary
Patrick Sessions -• Sergeant at Arms
Renita Samuels Dixon
Jessica Lewis
tvlichclle Melin Niemeyer
Aiding Address:
3230 Gi Jord Lane
Coconut Grave, FL 33133
Telephone (3(i5j 445-9698
RESOLUTION OF THE COCOANUT GROVE VILLAGE COUNCIL
Resolution of the Cocoanut Grove Village Council to Commend and
Support the Supplement and Amendment No. 7 to the Use Agreement
for the Coconut Grove Exposition Center (between City of Miami and
the television show "Burn Notice) entered into on August 30, 2012
with Exception to Paragraph "F" of the Supplement and Amendment
No. 7 to the Use Agreement for the Coconut Grove Exposition Center
entered into on August 30, 2012
WHEREAS: On August 28, 2012, David Collins, Chair of the Cocoanut
Grove Village Council, executed a Resolution of the Cocoanut Gove
Village Council in Support of the City of Miami Renewing Lease
Agreement Between City of Miami and the Television Show "Burn
Notice" at the Former Coconut Grove Exposition Center Until the End
of the Production of the Television Show "Burn Notice." A copy of the
Resolution is attached hereto as Exhibit "A."
WHEREAS: According to a draft of Supplemental And Amendment No.
7 to the Use Agreement for the Coconut Grove Exposition Center,
attached hereto as Exhibit "B", the City of Miami and the Television
Show "Burn Notice" have agreed to extend the lease at the Coconut
Grove Exposition Center to "Burn Notice" for the purpose of television
and commercial filming and related activities for an additional twelve
(12) months."
WHERERAS: According to Exhibit "B" the Television Show "Bum
Notice" will pay an annual fee of $450,000.00 or $37,500.00 per
month commencing November 1, 2012 up to and including October
31, 2013, of which the City shall allocate $27,500.00 of the
$37,500.00 per month to support the Coconut Grove Master Plan and
the City shall deposit the other $120,000.00 or $10,000.00 per month
into an appropriate Special Revenue Account for use by the City of
Miami Police Department to be spent on marked vehicles, tasers,
uniforms and other assets the Chief of Police deems necessary and
proper.
NOW THEREFORE BE IT RESOLVED BY THE COCOANUT GROVE
VILLAGE COUNCIL:
1. The Cocoanut Grove Village Council commends and supports
the City of Miami for extending the lease agreement with the
television show "Burn Notice" from November 1, 2012 to October 31,
2013.
2. The Cocoanut Grove Village Council commends and supports
the City of Miami for allocating $27,500.00 of the $37,500.00 per
month to support the Coconut Grove Master Plan and for the City
agreeing to deposit the other $120,000.00 or $10,000.00 per month
into an appropriate Special Revenue Account for use by the City of
Miami Police Department to be spent on marked vehicles, tasers,
uniforms and other assets the Chief of Police deems necessary and
proper.
Submitted into the public
record in connection with
item RE.6 on 09-27-12
Priscilla A. Thompson
City Clerk
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3. However, the Cocoanut Grove Village Council reiterates its
position, as expressed within the attached Resolution (under
Exhibit "A") dated August 28, 2012, previously provide to the
City Administration, Mayor and Commissioners, that the
leasehold agreement should be extended until the end of the
production of the television show "Bum Notice." The Cocoanut
Grove Village Council expresses exception to paragraph "F" of
the agreement between the City of Miami and the television
show "Bum Notice" which is attached hereto as Exhibit "B,"
which limits the leasehold for twelve (12) months and advises
that "User agrees and acknowledges that this request for an
additional 12 months shall be its last and final request (and/or
extension) to use the Coconut Grove Exposition Center, and User
shall not come to the City requesting any further extensions or
use of the Exposition Center, the User agreeing the City is
promoting its film and entertainment district in Wynwood and the
Omni CRA'S Multipurpose Entertainment Center ("MEC")."
By:
Chairman, Cocoan
a7 t Grpve Village Council
41'
Dated: r 201 a
2
Submitted into the public
record in connection with
item RE.6 on 09-27-12
Priscilla A. Thompson
City Clerk
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Cocoanut (rove Village Council
[)avid Collins - Chair
Kate Callahan - Vice -Chair
David I iimmel - Treasurer
Michalle Barton -tang - Secretary
Patrick Sessions -•• Scrgcani at Alms
Rc.tita Samuels Dixon
Jessica Lewis
Michelle elin ti14•mwer
Wailing .Address:
3230 Gifford Lane
Coconut Grove. FL 33133
Telephone. /305) 445-9698
RESOLUTION OF THE COCOANUT GROVE VILLAGE COUNCIL
Resolution of the Cocoanut Grove Village Council in Support of the City
of Miami Renewing Lease Agreement Between the City of Miami and
the Television Show "Burn Notice" at the Former Coconut Grove
Exposition Center Until the End of Production of the Television Show
"Burn Notice"
WHEREAS: The television show "Burn Notice" has filmed in the
1.07,000 square foot space formerly known as Coconut Grove
Exposition Center for the past five (5) years (or six (6) seasons of the
production of the television show).
WHEREAS: The television show "Burn Notice" paid $5,000.00 per
month for the first two (2) years in rent for the lease of the former
Coconut Grove Exposition Center and $240,000.00 per year, for the
subsequent three (3), years in annual rent for the lease of the former
Coconut Grove Exposition Center.
WHEREAS: On July 26, 2012; the item of "Burn Notice" was placed on
the agenda as a blue page item by Commissioner Michelle Spencer
Jones on the issue of assisting in the transition of the production of
the show "Burn Notice" from Coconut Grove to Wynwood area.
WHEREAS: The location that is currently being leased by the television
show "Burn Notice" is part of the Coconut Grove Waterfront Master
Plan for green space, which was developed by residents, business
owners and city planners between 2005 and 2008.
WHEREAS: For the first four (4) years of the leasehold between the
City of Miami and the television show "Burn Notice", 100% of the rent
was dedicated to the implementation of the Coconut Grove Mater Plan.
For the fifth (5) year of the leasehold between the City of Miami and
the television show "Burn Notice" 50% of the rent paid by the
television show "Burn Notice" was dedicated to the implementation of
the Coconut Grove Master Plan.
VJHEREAS: The lease agreement between the City of Miami and the
television show "Burn Notice" expires on or about October 2012 and
there is an issue as to whether the City of Miami will renew the lease
agreement or deny the renewal of the lease agreement to begin
development of the green space outlined within the Coconut Grove
Master Plan at the location formerly known as Coconut Grove
Exposition Center.
WHEREAS: The issue of whether the City of Miami should renew the
lease agreement between the television show "Burn Notice" at the
location formerly known as Coconut Grove Exposition Center has
received support from the residents of Coconut Grove, as
demonstrated by the clamor of support for this resolution during the
August 2, 2012 meeting of the Cocoanut Grove Village Council.
Submitted into the public
record in connection with
item RE.6 on 09-27-12
Priscilla A. Thompson
City Clerk
EXHIBIT
Page 2
Resolution of the Cocoanut Grove Village Council in Support of the Leasehold Agreement between City of Miami and
Television Show "Burn Notice"
Cocoanut Grove Village Council
David Collins - Chair
Kate Callahan — ice -Chair
David Himmel -- Treasurer
Michelle :carton -King - Seceelary
Patrick Sessions -- Sergeant ill. Arau
Renita Samuels Dixon
Jessica T,ewis
Michelle Melin Niemeyer
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Comm! Groat, F1, 33/ 3 3
Telephune (305) ,145-96.98
NOW THEREFORE BE IT RESOLVED BY THE COCOANUT GROVE
VILLAGE COUNCIL:
1. The Cocoanut Grove Village Council supports the renewal of the
lease agreement between the City of Miami and the television show
"Burn Notice" at the space formerly known as Coconut Grove
Exposition Center until the end of the production of the television
show "Burn Notice" which is estimated to be within the next 12-24
months.
2. The Cocoanut Grove Village Council also requests that 100% of
the rent for the lease agreement between the City of Miami and the
television show "Burn Notice" be dedicated to the implementation of
the Coconut Grove ,Master Plan, until the end of production of the
television show "Burn Notice", which is estimated to be within the next
12-24 ,months.,.. -"~Th
/i j
Chairman, C
Dated:
-427 'r
coanut Grove Village
ouncil
Submitted into the public
record in connection with
item R-E.6 on 09-27-12
Priscilla A. Thompson
City Clerk
SUPPLEMENT AND AMENDMENT NO. 7 TO THE USE AGREEMENT
FOR COCONUT GROVE EXPOSITION CENTER
This Supplement and Seventh Amendment ("Amendment #7") to the August 31, 2007
Use Agreement between the City of Miami, a municipal corporation of the State of Florida
("City") and TVM Productions, Inc., a State of California for Profit corporation ("User") is made
and entered into this ".21)'i'i' day of VLSI" 2012.
Recitals
A. On August 31, 2007, the City and User entered into a Use Agreement ("Original
Agreement") for the Coconut Grove Exposition Center for the purpose of television and
commercial filming, and related activities thereof.
B. Amendment # 1 was executed to extend the initial use period beginning August 1, 2008
and said extension expired on November 28, 2008.
C. Amendments #2, #3, #4, 05, and #6, successively, extended the use period of the
Agreement to October 31, 2012 (collectively, the Original Agreement and the
Amendments shall be referred to as the "Agreement").
D. The User has requested an additional twelve (12) month extension of the use period for
filming, despite not having received confirmation regarding a seventh season from Fox
Entertainment and/or the USA Network; despite the risk that the User may not receive a
seventh season, the User agrees to pay the guaranteed, non refundable annual use fee of
$450,000, or $37,500 per month, commencing November 1, 2012, up to and including
October 31, 2013. The State of Florida has designated User as a tax exempt entity, and
thus User is not required to pay any Florida sales or use tax pursuant to this Agreement.
A copy of the Certificate of Exemption is attached hereto as Exhibit "A". For the
avoidance of doubt, $37,500 is the all-inclusive monthly use fee and $450,000 is the all-
inclusive annual use fee.
E. The City shall allocate $27,500 of the $37,500 per month use fee collected, to support the
Coconut Grove Master Plan for the demolition of the Coconut Grove Exposition Center
and for park improvements; the City shall deposit the other $120,000 or $10,000 per
month of the use fee collected into an appropriate Special Revenue Account for use by
the City of Miami Police Department to be spent on marked vehicles, tasers, uniforms
and other assets the Chief of Police deems necessary and proper.
F. USER AGREES AND ACKNOWLEDGES THAT THIS REQUEST FOR AN
ADDITIONAL 12 MONTHS SHALL BE ITS LAST AND FINAL REQUEST
(AND/OR EXTENSION) TO USE THE COCONUT GROVE EXPOSITION CENTER,
AND USER SHALL, NOT COME TO THE CITY REQUESTING ANY FURTHER
EXTENSIONS OR USE OF THE EXPOSITION CENTER, THE USER AGREEING
THE CITY IS PROMOTING ITS FILM AND ENTERTAINMENT DISTRICT IN
1of3
Submitted into the public
record in connection with
item RE.6 on 09-27-12
Priscilla A. Thompson
City Clerk
WYNWOOD AND .THE OMNI CRA'S MULTIPURPOSE ENTERTAINMENT
CENTER ("MEC").
G. The User agrees to use reasonable good faith efforts to shield its tractor trailers with
foliage, at its sole cost and care, to obscure the appearance of the trucks adjacent to the
Exposition Center from South Bayshore Drive, Pan American Drive, City Hall and the
Marina,
H. User shall be fully responsible for all utilities associated with the Exposition Center, as
well as regular lawn and landscaping service (limited to the same area maintained by
User during the previous use period), tree trimming (limited to the same area maintained
by User during the previous use period), pest control, fire alarm maintenance and
monitoring, fire extinguisher servicing and other building expenses, as the City may
require.
Paragraph 18 (Indemnification) of the Original Use Agreement is modified as follows:
"During the term of the Agreement, User agrees to indemnify and hold harmless the City,
its officials, its employees, officers, agents, volunteers, invitees, licensees; from and
against any and all claims, liabilities, losses, damages and causes of action which arise
out of the User's activities and uses of the Coconut Grove Exhibition Center, whether
caused in whole or in part by any action or omission of User or any of its employees,
agents, contractors, subcontractors, vendors, invitees, licensees, or persons on the
premises, including trespassers, except to the extent caused by the City's, or the City's
officials, employees, officers, agents, volunteers, invitees, and licensees own willful
misconduct. User further indemnifies the City as to all liabilities, costs and expenses,
including outside legal fees through appeal, for all actions or inactions of the City,
including the active negligence of the City incurred in the defense and/or investigation of
any such claim or suit, except to the extent caused by the City's, or the City's officials,
employees, officers, agents, volunteers, invitees, and licensees own willful misconduct.
The User specifically acknowledges the Coconut Grove Exposition Center has not been
inspected or maintained by the City in many years, and specifically acknowledges it
neither possesses its 40-year certification, working plumbing or air conditioning, nor has
the City maintained the roof, and in accepting the premises, User absolves the City of any
and all liability to its employees, agents, invitees, licensees, spectators, trespassers and
uninvited guests who enter the premises, agreeing to hold the City harmless and
indemnify it against any claims by such persons or entities, except to the extent caused by
the City's own willful misconduct. The lJser agrees to maintain a non cost eroding
liability policy listing the City as an additional insured for the sum of Two Million
Dollars ($2,000,000) underwriting the hold hannless and indemnity term to this Use
Agreement.
J. All terms and conditions found in the August 31, 2007 Original Agreement not altered or
changed herein shall remain the terms and conditions of this Supplement and Amendment
47, as if stated so expressly herein, and attached as Exhibit "B".
2 of 3
Submitted into the public
record in connection with
item RE.6 on 09-27-12
Priscilla A. Thompson
City Clerk
Now, therefore, in consideration of the covenants and agreements herein set forth and other
good and lawful consideration, the receipt and sufficiency of which is hereby acknowledged.
the parties hereto intending to be legally bound, agree as follows:
1. The foregoing recitals are true and correct and are hereby incorporated in this
Agreement by reference.
2. The tern of the use period as extended by this Supplement and Amendment #7 is
hereby extended to expire October 31, 2013.
3. The City shall allocate $330,000 or $27,500 of the monthly use fee, commencing
November 1, 2012 through October 31, 2013, for use solely to support the Coconut
Grove Master Plan for waterfront park improvements; the City shall deposit the
remaining $120,000 or $10,000 per month of the use fee on an annual basis into an
appropriate Special Revenue Account for the purchase of police equipment, including
but not limited to marked vehicles, tasers, uniforms or other assets the Chief of Police
deems necessary and proper.
4. All other terms and conditions remain in effect in accordance with the Original
Agreement.
USER: CITY:
TVM Productions, Inc. City of Miami,
A 5ta o alifornia f r f co potation a municipal corporation
BY:
Signature (by its authorization provided by
Its Corporate Resolution attached as
Exhibit "2"
ATTEST:
BY:
BY:
Johnny Martinez, P.E.,
City Manager
Approved to Insurance Requirements:
BY:
Priscilla Thompson Calvin Ellis
City Clerk Risk Management
Approval as to correctness and form.
BY:
Julie O. Bru
City Attorney
3 of 3
Submitted into the public
record in connection with
item RE.6 on 09092
Priscilla A. Thompson
City Clerk