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Appellant's Additional Documents Submitted 11-28-17
LAW OFFICE OF LOWELL J. KUVIN November 28, 2017 VIA EMAIL ONLY City of Miami City Commission 3500 Pan American Drive Miami, Florida 33133 Re: Appellants' reply to Miami -Dade County's response to Appellants' appeal of the Miami Historic and Environmental Preservation Board Resolution R-17-023 Honorable Chairman Hardemon and City Commissioners: Please accept Appellants' Reply to Miami -Dade County's Response to Appellants' Appeal of the HEP Board Resolution R-17-023. The Appellants are asking the City Commission to overrule the issuance of the Certificate of Appropriateness and to instruct the HEP Board to require a comprehensive inspection of the interior of the Coconut Grove Playhouse and to amend the Historical Designation Report to include or exclude the interior, or portions of the interior, as historical or not historical. It has been said that historic preservation and urban development are counter acting forces with separate goals. Historic preservation identifies and renovates significant old buildings which enhance a community's culture, while urban development removes old buildings and builds new structures to help communities move into the future. In the instant matter, Miami -Dade County is a de facto developer and is seeking to demolish all of the Coconut Grove Playhouse building except the front portion of the building that were shops and apartments. The focus of the instant appeal is to stop the proposed demolition the existing building and the loss of the historical significant elements of the Coconut Grove Playhouse such as the civic pride and accomplishments of the past, the method of which the Playhouse has served and supported the existing retail shops and restaurants in Coconut Grove in the past, how the Playhouse has enhance the city's attraction to residents, tourists, and visitors with a building that is 90 years old, thereby serving as a support and stimulus to the economy, and preserving the historical features inside of the existing Playhouse. I. Barbara Lang and Katrina Morris Both Have Standing and the City Commission Should Hear Their Appeal In its response to Appellants' appeal, Miami -Dade County asks the Commission to grant it standing to be heard for various reasons. Then, as its first point, Miami -Dade argues that neither petitioner has standing and that the Commission should dismiss their appeal. Both Barbara Lang 17 EAST FLAGLER STREET, SUITE 223 MIAMI, FLORIDA 33131 PHONE 305.358.6800 Fax 305.358:6808 U.S. 888-KuvINLAw(588.4652) WWW.KUVIN .LAW petitioner has standing and that the Commission should dismiss their appeal. Both Barbara Lang and Katrina Morns have standing to appeal the HEP Board resolution regarding the Coconut Grove Playhouse because both are aggrieved parties or affected persons. The Historic Preservation Ordinance does not define the term "aggrieved party" or affected person. However, due to the fact that the HPO requires notice to the residents of Miami, and that resident are allowed to speak and present evidence, clearly the intent of the HPO is only satisfied by allowing the residents of the City of Miami to have standing to appeal a decision of the HEP Board to the City Commission. (where a right is not clearly excluded, the ordinance should be liberally construed). Additionally, both Ms. Lang and Ms. Morris spoke at the April 4, 2017 HEP Board hearing regarding the exact issues in their appeal. My name's Katrina Morris. I live. at 4130 [Livire 00: 00: 05] Avenue, or [Lieber 00: 00: 06). No one knows. I'm also an actress. As the person before me stated, there are three vacant restaurants right to the east of the Coconut Grove Playhouse. Adding more retail and parking, it seems to me like the theater is getting shortchanged, that there was all this money, that there was a referendum that the residents ... Sometimes 1 feel like we as residents are kind of like an afterthought of what the county or the city or whoever wants to do something. Let's just say this and make it look real good, and then we'll do whatever we want to anyway. That's what I'm getting the feeling of There's apparently for the parking two lanes of ingress and two lanes of egress for the parking. I don't know how high this thing is allowed to go. I don't know what the residences are. They say it's for visiting actors. Who knows? I just, unfortunately, can't believe what's put forward. We get this master plan, and then other things happen. I appreciate what the gentleman before me said, but the entire building deserves to be looked at. Why do we have to rush ahead? Why can't we do the best possible? I know that things in the past were done this in the past. Okay, that's great. But let's look at what the best possible solution is. It's a public property for the public. What is the best possible solution for residents of Coconut Grove? It's a unique place, and I would like to see it stay that way. My name is Barbara Lang. I reside at 390113raganza Avenue in Coconut Grove. I'm here to ask you to reject this master plan and send it back and have them redo it. I also want to make a point that Mr. Spring talked about the budget. The budget is a $20 million bond issue. In that prospectus of the bond, it says for restoration of the Coconut Grove Playhouse. That was the entire Coconut Grove Playhouse. It wasn't about demolishing more than 50% of the Coconut Grove Playhouse. That money belongs to restoring the Playhouse, not demolishing it and making some other theater. That's just completely wrong I remember on the ballot, on the actual ballot for the bond issue, it said restoration for the Coconut Grove Playhouse. This is really wrong. It's public money. It LAW OFFICE OF LOWE'L J. KUVIN 17 EAST FLAMER STREET • SUITE 223 • MIAMI, FLORtaA 331 3 TEL.: 305.358.6800 - FAX: 305.358.6808 should be directed to restoring the Playhouse, as Mr. Heisenbottle says, and not used for a parking garage and a different theater and something that it wasn't meant for. Also, 1 heard in the presentation, there's a five -story parking garage. Now, I believe this is zoned government institutional, but the entire property, because I was here when it was designated historic. The Playhouse. itself wasn't the only thing that was designated historic. The entire property was designated historic by the HEP board at that time, because they thought that the property was so important that whatever was built next to it had 10 come under the view of people that understood historic preservation. I hear the bell. I have to go: I have a few more things to say. I'm sure you'll be glad when I'm gone, but anyway, 1 hope you reject this. I beg you to reject this. This isn't for the community. This isn't what people voted the bond issue for. a. Renard is Not Controlling — Appellants Have Standing Pursuant to Florida Statute § 163.3215 (2016). Miami -Dade argues that in order to have standing, a party must have more than a general interest in historic preservation matters in Coconut Grove and a "specific injury." However, the case law relied upon my Miami -Dade is not applicable to the instant set of facts because it relies upon the common law of nuisance and not an appeal of a local quasi-judicial board ruling such as the HEP Board resolution.' The correct statute is Fla. Stat. § 163.3215 (2016). The Statute states in part that: "[a]ny aggrieved or adversely affected party may maintain a de novo action for declaratory, injunctive, or other relief' with regard to "a development order ... which materially alters the use or density or intensity of use on a particular piece of property which is not consistent with the comprehensive plan." § 163.3215(3), see also City of Ft. Myers v. Splitt, 988 So. 2d 28, 31 (Fla. 2d DCA 2008). Clearly, the Statute allows Appellants the right, or standing, to appeal the Resolution passed by the HEP Board. Lastly, Chapter 23 - the Historic Preservation Ordinance encourages resident to participate and to speak at hearing that affect them and their communities. To encourage participation but then deny them the right to contest decisions of the HEP Board (no standing) by only allowing persons who reside adjacent to a property would repress the intent of local government and Historic Preservation. 'The County cites to Renard v. Dade Cnty., 261 So. 2d 832. 837 (Fla. 1972). The Renard standard for "standing to enforce a valid zoning ordinance" requires a showing of "special damages." 261 So.2d at 837. The "special damages" rule is derived from "the law of public nuisance." Id. at 835 (citing Boucher v. Novotny, 102 So.2d 132 (F1a.1958)). City of Ft. Myers v. Splitt, 988 So. 2d 28, 32 (Fla. 2d DCA 2008). 3 LAW OFFICE OF LOWELL J. KUVIN 17 EAST FLAGLER STREET • SUITE 223 • MIAMI, FLORIDA 33131 • TEL.: 305.358.6800 • FAx: 305.358.6808 The Commission should reject Miami -Dade County's argument that Appellants do not have standing and hear the Appellants' appeal. II. The Value of Historic Preservation In The City of Miami Far Outweighs Miami - Dade County's Rush to Demolish the Playhouse Appellants argued that "[t]he HEP Board was required to postpone consideration of the application until the interior of the Playhouse was properly evaluated as whether it has historical significance." Miami -Dade argues, "Deferring consideration of the COA to allow for re-evaluation of the interior of the building is improper and unnecessary." Miami-Dade's argument is both reckless and insensitive to historic preservation in the City of Miami and to the importance of the Coconut Grove Playhouse, and the Commission should reject it. Once the Coconut Grove Playhouse has been demolished, which is the County's plan, it will be gone forever. The Playhouse, which was build in 1927, is historically significant for many reasons (See Chapter 23-1(a)(1-6), as well as being a historic building and for the contents of its interior. Miami -Dade is in its response is urging the Commission to "hurry up and move forward and allow the County to demolish the portions they feel are "less significant" so a 300 seat theatre, a parking garage, retail spaces, restaurant(s), and condominiums can be erected in its place." In support, Miami -Dade states in its response that the HEP Board designated the exterior of the Playhouse as "historical" and then considered and rejected designation of the interior. However, conspicuously missing from the Designation Report is any mention of the interior of the Playhouse. The issue that the HEP Board did not consider the significance of the Playhouse's interior was brought to light by the HEP Board at the May 2, 2017 meeting where Lynn Lewis, the Vice Chair, voiced her concerns that the interior of the Playhouse had not been studied and may meet the criteria to be historically designed. At that same hearing, the County attorney agreed with Ms. Lewis and stated in part that; "We believe that, certainly in our presentations, we have committed to exploring the interior features that may be worthy of preservation, even in not currently designated." Additionally, three historical preservation experts testified that the interior of the Playhouse does meet the criteria to be historically designated. In its response, Miami -Dade concedes that the Code allows for the City Commission to remand the issue that the Playhouse interior was not properly considered and that the Designation Report can be amended to reflect the significant features that exist and are historical. However, they also argue that since they relied upon the Designation Report, their efforts to fully develop the property will be unlawfully restricted. The County's argument is flawed for two main reasons. First, the County has not followed Florida law or the language in its lease with the State and 4 LAW OFFICE OF LOWELL J. KUVIN 17 EAST FLAGLER STREET • SUITE 223 • MIAMI, FLORIDA 33131 • TEL.: 305.358.6800 • FAx: 305.358.6808 cannot argue that the use of the property will be unfairly restricted.2 The County does not own the property, as stated before, it is leased from the state of Florida with certain restrictions. One restriction requires that the "[The County] shall not use or alter the leased premises as generally provided for in the approved PLAN without the prior written approval of [the State]. Lease at pg. 3. According to the expert testimony of Rick Gonzalez who testified at the April 4, 2017 HEP Board hearing, Miami -Dade is required pursuant to Fla. Stat. § 267 notify the State Historic Preservation Officer regarding the demolition of the Playhouse, and that as of the date of the hearing the County had not done so. Furthermore, a letter informing the State that Miami -Dade was seeking to obtain a Certificate of Appropriateness which includes the alteration of the property (demolition) was not attached to the application submitted to the HEP Board. Second, at page 9 ¶24, the Lease states that "[The county] agrees that this lease is contingent upon and subject to [the County] obtainingall applicable permits and complying with all applicable permits, regulations, ordinances, rules, and laws of the State of Florida or the United States or any of the political subdivisions." Here, as is also frequently the case with developers, the County argues that the Playhouse Historical Designation report cannot be amended because it would limit their ability to develop the property. This clearly is not the case as the Historic Preservation Code (the law of the political subdivision) allows for amendment, if justified. Miami -Dade then argues that "if the HEPB had considered the scope of the designation to be inadequate, it should have addressed and modified it in 2005. It did not do so." However, in reality, the entire property was designated historical, which included the "single structure Playhouse." In order to get around the mandate by the State that the property be used for "live theatre," Miami -Dade is attempting to convince the City of Miami that since a portion of the building is "more historically significant" the"less significant portion should be demolished." Because the value of historic preservation in Miami outweighs the County's rush to demolish a significant portion of the Playhouse, prior to the interior being thoroughly critiqued, the Commission should reject the County's arguments and remand the issue back to the HEP Board with the instruction that the Historical Designation Report be amended, if warranted. III. The Miami -Dade County Application Is Incomplete Because It Lacks Aesthetic Components, As Well As Architectural Plans And Elevations And Other Required Documents, The HEP Board Should Have Rejected It. The Appellants argued that "The HEP Board decision also relied on in sufficient, inadequate, or flawed data concerning the conceptual master plan. Without sufficient data and drawings concerning massing, materials, and scale, the HEPB was unable to adequately evaluate the proposal to restore only the facades and to demolish the existing theater or how the theater connects and relates to the new construction. 2 This type of argument is routinely made by developers who have purchased property in the City of Miami and upon submitting an application for demolition, the HEP Board designates the property as historical. 5 LAW OFFICE OF LOWELL J. Kuviu 17 EAST FLAGLER STREET • SUITE 223 • MIAMI, FLORIDA 33131 • TEL.: 305.358.6800 FAx: 305.358.6808 Miami —Dade states in their response that "[t]he HEP Board's decision approving the COA was based on substantial, thoroughly -researched, and well -supported evidence" and that "the County submitted a complete COA application for the conceptual masterplan, and presented competent substantial evidence in support of that application at the 1-IEPB hearing." The County is wrong. A review of the 97 page packet submitted to the HEP Board shows that the County's application is severely lacking and incomplete. On page 6 of the application, Exhibit B, the County admits it did not submit the following items which are required: Exterior Restoration/Alteration and New Addition Applications • Architectural Plans and Elevations Showing Existing AND Proposed Work • Include Materials Page That Shows Photos of All Materials (Windows, Doors, Roofing, Etc) • Paint Chip(s) of Desired Colors for Exterior Panting New Construction • Architectural Plans and Elevations • Materials Specification Page and Details, as Required • Paint Chip(s) of Desired Color(s) for Exterior Painting • Landscape Plan • Photos of Existing Buildings (If application is for demolition of existing building, provide photos from multiple angles of the existing structure and documentation (written and/or photographic) regarding the current condition of the building). The County's representative stated several times throughout his presentation that "we will be back to get further approval," 4 which can easily be interpreted that the County knowingly submitted an incomplete application. In fact, drawings submitted by the County were "block" drawings that show little to no detail at all and showed only the position and shape of the proposed structures.5 Because the County's application was substantially lacking of detail and incomplete, the HEP Board should have rejected it. 3 "INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED" HEPB Application City of Miami pg. 1 (emphasis in original). 4 "And also to let you know that we're going to be back. We're required to be back but we're more than interested in coming back and updated this board whenever you need us to do that as well." Michael Spring, HEP Board Hearing April 4, 2017. 5 Drawings A1.1 & A1.2 (March 6, 2017) when compared to A 1.1 & A1.2 which were presented to the public at the Town Meeting on October 19, 2017 show significant differences in the layout and sizes of the proposed buildings. 6 LAW OFFICE OF LOWELL J. KUVIN 17 EAST FLAGLER STREET • SUITE 223 • MIAMI, FLORIDA 33131 • TEL.: 305.358.6800 • FAX: 305.358.6808 The approval by the HEP Board of the COA was contrary to City of Miami/Miami Dade County code because it improperly allows the applicant to continue moving forward with the "restoration" of the structure of the existing designated facades while being allowed to demolish the existing theater while the applicant continues to finalize the final 90% of the details of the additional buildings within the site. a. The Public Policy Effect of Allowing Incomplete HEP Board Applications Allowing incomplete HEP Board application has a profound effect on the citizens of the City of Miami. Because Miami-Dade's application to the HEP Board was admittedly (by Miami -Dade) designed to be a piecemeal process of submitting the HEPB application without all of the required documents and then submitting the additional documents, such as architectural plans, at a later date. However, even though the submitting an incomplete application is improper, see Sec. 23-2 H.P.O., the HEP Board accepted the County's piecemeal argument and granted the Certificate of Appropriateness. This method of "piecemeal applications" and "piecemeal approval" is not only contrary to the established Historical Preservation Ordinance, it deprives the citizens of the City of Miami their right to be heard and to share their concerns. Legislating by piecemeal requires citizens who normally take time off from work and wait hours to speak not just once, but every time the item is heard. An attendee at the April 4, 2017 HEP Board hearing would have had to show up at 3 pm, and then would have had to wait three hours to speak. Each citizen was given two (2) minutes to voice their concerns regarding the Playhouse "plan" and how they felt it would affect their city and their home or business. To require citizens to take time off from work, wait three hours so they can speak for two (2) minutes is contrary to the idea of "good government." Because Miami-Dade's HEP Board application was incomplete which would require a piecemeal approval process and would be unduly burdensome to the citizens of the City of Miami, the Commission should vacate the Certificate of Appropriateness and remand the issue back the HEP Board with instructions to allow Miami -Dade to submit a completed application. IV. Several Highly Qualified and Respected Historical Preservation Experts Opine That the Historical Designation Report is Flawed, Interior is Highly Significant and Should Not Be Demolished, and that the Playhouse Can Be Restored. At the April 4, 2017, HEP Board hearing, three. highly qualified and respected Florida historical preservation experts spoke to the Board and shared their thoughts regarding the Playhouse. The experts had not been hired by any group or organization and they were not paid for their opinions. The shared their expert opinions simply because they recognized the historical significance and the importance of the entire Coconut Grove Playhouse, and wanted to make sure it was restored and not demolished. Below are quotations from the testimony of the three experts: 6 The citizens' two (2) minutes was after the Miami -Dade County's 75 minute "presentation." 7 LAW OFFICE OF LOWELL J. KUVIN 17 EAST FLAGLER STREET • SUITE 223 • MIAMI, FLORIDA 33131 • TEL.: 305.358.6800 • FAx: 305.358.6808 Richard Heisenbottle The COA Application is Inadequate: "They do so with an inadequate COA submission. Only a master plan has been submitted, a document that does not nearly detail what this board is used to seeing as part of its regular process for demolition of major public buildings. Any private sector applicant would be required to submit much more than this in the way of documentation. But the board cannot concern itself with what if convenient for the county. When it comes to one of its most prized historical buildings, it has a responsibility to do what is right for the historical property under the guidelines of the secretary of the interior standards. The Historical Designation Report is Flawed "Unfortunately, in our professional opinions, you are working with a very flawed local historic designation report. A report that totally ignores the Playhouse interior. In fact, the Playhouse interior is not included in the local designation report at all, and it is not adequately, I should say, included in Mr. Hernandez's historic structure report. In my professional opinion, both documents are flawed. The interior should have been included, per the criteria of chapter 23-4, the same criteria that staff uses to tell you that you have no responsibility for the interior." The Interior of the Playhouse Is Historically Significant "I was given access to the Playhouse by Miami Dade County, in January of this year, to access and assess the interior of the Playhouse along with representatives of Coconut Grove Playhouse Foundation. In my opinion, there is enough historic fabric remaining to justify with that there is exceptional architectural artistic and historic value, and to justify designation of the theater's interior. It has not, as Mr. Hernandez suggest in his report, the quote `erased.' It is merely been covered up by layers of insensitive renovations or painted black." The Playhouse Is Easily Restorable "The main auditorium is easily restorable, and the attached ... When its amazing presentative arch, twisted columns, crowned moldings, lower leaf detail are restored rather than replace with a new modern theater, the legacy of the Coconut Grove Playhouse, the heart and soul of Coconut Grove, can continue. Not as a new theater with an old facade, but as a restorative historic theater continuing its legacy of excellence." Steven Avdakov • Principal Architect & Owner, Heritage Architectural Associates Master of Science Columbia University — Graduate School of Architecture, Planning and Preservation, 94' • Bachelors of Architecture, University of Miami, 89' 8 LAW OFFICE OF LOWELL J. KUVIN 17 EAST FLAGLER STREET • SUITE 223 • MIAMI, FLORIDA 33131 • TEL.: 305.358.6800 • Fax: 305.358.6808 Has evaluated over 725 properties regarding historic significance, eligibility for national restoration for historic places, and local designation. In my expert opinion, there is no question that this building and its interior space, as Mr. Heisenbottle indicated, passes that threshold in terms of significance here. The Historical Designation Report is Flawed "Does the Coconut Grove Playhouse interior meet this criteria? In all of our expert historic preservation opinions, it unquestionably does. So to accommodate this significance, the adjustment of the designation for the Coconut Grove Playhouse needs to occur. The ordinance of course has a provision for that. You can site chapter 23, section 23-4 C8 amendments. The board may amend any designation by following the same procedures as set forth in this section. The board may likewise, rescind any designation if the structure or feature of principal historic significance has been demolished or destroyed. So, one way or another, this building ordinance is going to get modified. It's our recommendation that, it's our emphatic recommendation, that the designation be amended to include the fabric that's there." "The entire building, including its interior, and not just components, has historic architectural significance that must be considered with regard to any undertaking. Clearly, there is significant physical evidence and building fabric so it sits, it warrants further development and updating of the city of Miami designation report for this building. The interior features need to be incorporated into this report, and the designation report can and should be updated to reflect all of the historic features." The Interior of the Playhouse is Historically Significant "So clearly the documentation Mr. Heisenbottle obtained confirms the existence of this fabric, the significance of it, and its integrity and can certainly be made visible and restored. So clearly the historic fabric is restorable and the interior of the auditorium should be contributing, because of this, the interior features need to be incorporated into the designation ordinance." "Rich mentioned the ordinance states interior spaces that have exceptional architectural artistic or historic importance and that are greatly open to the public, may be subject to regulation under this chapter. The designation report shall describe precisely those features, subject to review, and shall set forth standards and guidelines for such regulations. Interior spaces not so described, should not be subject to review under this chapter." "So clearly, the city's ordinance has provisions for the designation of the significant historic architectural interiors. Does the Coconut Grove Playhouse interior meet this criteria? In all of our expert historic preservation opinions, it unquestionably does. It would really be impossible to convey the cultural and historic significance of this building, what it means to the community, by talking only about the front portion of the building. The auditorium is the main portion of the theater, not the front building. The front building is not even part of the theater operation that has 9 LAW OFFICE OF LOWELL J. KUVIN 17 EAST FLAGLER STREET • SUITE 223 • MIAMI, FLORIDA 33131 • TEL.:: 305.358.6800 • FAx: 305.358.6808 retail offices and apartments. The auditorium is the heart of the building. Significantly I think that, as I have indicated, the building is eligible for listing in the National Register of Historic Places. Of the 18 theaters in Florida that are listed in the National Register of Historic Places, 17 of those have detailed descriptions of the interior, including the Olympic Theater here in downtown Miami." The Playhouse Is Easily Restorable "So clearly the documentation Mr. Heisenbottle obtained confirms the existence of this fabric, the significance of it, and its integrity and can certainly, be made visible and restored. So clearly the historic fabric is restorable and the interior of the auditorium should be contributing, because of this, the interior features need to be incorporated into the designation ordinance." Rick Gonzalez President of REG Architects Florida Historical Commission (FHC) State of Florida's Board of Architecture and Interior Design (BOAID) The Historical Significant Building Cannot Be Demolished Without Permission From the State of Florida (Fla. Stat. § 267). "The first one, in regards to my hat as a Florida Historical Commission member, is that a building that is owned by the state of Florida, this building is not owned by Miami Dade County. It's leased by Miami Dade County and FIU, needs to go through chapter 267 of state's statutes, which it will be reviewed or the impact, especially when you're asking to demolish a building of historic significance, that is owned by the state of Florida. That has not been done. We spoke to the SHPO today, the State Historic Preservation Officer, and the assistant SHPO, they had no idea that this is going on today, so just as a matter of fact." The Historical Designation Report is Flawed "Allow us to go ahead and get the review from Historic Resources Division of the state of Florida, and allow us to have a better application in place in terms of the designation report that was done incorrectly in the past." The Playhouse Is Easily Restorable "There are many things that can be changed here quite quickly, that could bring this building back to its original consideration. We did the 1916 Palm Beach County Courthouse that had four courtrooms within the interiors of the original courtroom. We took those four courtrooms back, we have the interiors back. It's this project is a lot easier to put back together than that was." 10 LAW OFFICE OF LOWELL J. KUVIN 17 EAST FLAGLER STREET • SUITE 223 MIAMI, FLORIDA 33131 TEL.: 305.358.6800 • FAX: 305.358.6808 V. Public Policy Consideration In Allowing Developers to Argue "More Historical" "In the County's response, the County argued that their "team concluded that the most significant extant portion of the site is the iconic corner building that has served as the southern gateway to the Coconut Grove community." Response at pg. 3. However, the code does not state or even hint that 90% of a historical building can be demolished while saving just the "more historical portion." The County's argument is unreasonable because every historical building has a "most historical piece" such as a spire or an archway. If the Commission allows Miami -Dade to demolish the 90% of the Playhouse building, it will set a dangerous precedent which will expose many other historically significant buildings in the City of Miami to substantial demolition by developers who will argue that they too are "preserving the most historical portion of the building," while they demolish the other 90%. The dangerous precedent will also result in more challenges to the historic designation of buildings in the courts by developers." Conclusion: In conclusion, Appellants have standing to bring this action and for the arguments above, the City Commission should grant Appellants' appeal and quash the Certificate of Appropriateness issued to Miami -Dade County and remand the issue back the HEP Board with instructions to amend the Historical Designation Report to include the interior of the Coconut Grove Playhouse if appropriate. Respectfully Submitted, • Lowell J. Kuvin, Esq. Attorney for Appellants i1 LAW OFFICE OF LOVVELL J. KUVIN 17 EAST FLAGLER STREET • SUITE 223 • MIAMI, FLORIDA 33131 • TEL.: 305.358.6800 - Fax: 305.358.6808 COUNTY ATTORNEY MIAMI-DADE COUNTY, FLORIDA 111 N.W. FIRST STREET SUITE 2810 MIAMI, FLORIDA 33128-1993 TEL (305) 375-5151 FAX (305) 375-5634 June 16, 2017 VIA HAND DELIVERY AND EMAIL City of Miami City Commission 3500 Pan American Drive Miami, Florida 33133 Re: Appeal of City of Miami Historic and Environmental Preservation Board Resolution R-17-023 approving Certificate of Appropriateness for the Coconut Grove Playhouse Honorable Chairman Hardemon and City Commissioners: Miami -Dade County (the "County") respectfully seeks permission to appear as a party in the above -referenced matter and hereby submits this response to the Appeal Letter for Coconut Grove Playhouse Resolution HEPB R-17-023, dated April 19, 2017, filed by Appellants Barbara Lange and Katrina Morris ("Appellants").1 By way of background, in October 2005, the City of Miami Historic and Environmental Preservation Board ("HEPB") adopted Resolution HEPB-2005-60 (the "2005 Resolution"), designating the Coconut Grove Playhouse, located at 3500 Main Highway, Miami, Florida (the "Playhouse") as a historic site. The 2005 Resolution did not specifically designate the interior space of the Playhouse. This Commission upheld the 2005 Resolution on appeal. 1 As the applicant for the Certificate of Appropriateness at issue, the tenant on the Coconut Grove Playhouse Property, and an interested party here, the County has a due process interest in this appeal and should be permitted to participate as a party as a matter of right. Cf. § 7.1.4.3, Miami 21 ("Applicant shall mean ... any person with a legal or equitable interest in the property for which an application or appeal thereof has been made and which is subject to quasi-judicial proceedings," and "Party shall mean the Applicant, the city staff, and any person recognized by the Decision -making body as a qualified Intervenor."). Page 2 6/16/2017 This current appeal arises from the HEPB's approval, issued on April 4, 2017 and executed on April 7, 2017, of the County's request for a Certificate of Appropriateness ("COA") for the masterplan of the Playhouse. In accordance with a conceptual masterplan prepared by the architectural firm Arquitectonica International Corp. ("Arquitectonica"), the COA approved by the HEPB facilitates the preservation and restoration of the original Kiehnel and Elliott structure by restoring the entire front building, including the south and east facades specifically referenced in the 2005 designation report as being architecturally significant. Furthermore, the COA requires the County to bring final plans to the HEPB prior to the issuance of any demolition permit. Appellants have appealed the issuance of the COA to this Commission, but lack standing to do so.2 Nevertheless, the County will respond to the merits of Appellants' appeal herein, without waiving the right to challenge their standing in the event of subsequent judicial review. Appellants advance four arguments in support of their appeal: (1) that the HEPB should have re-evaluated whether to designate the building's interior, and the State Division of Historical Resources should have been given an opportunity to provide comments, prior to approval of the COA; (2) that the HEPB relied upon insufficient and flawed evidence in approving the COA; (3) that the HEPB should not have approved the conceptual masterplan without reference to the aesthetics and compatibility of the project in relation to the site and neighborhood; and (4) that the approval was contrary to the City of Miami Code in that it allows for demolition on the site while the County continues to finalize details and plans for the project. The County responds to each argument in turn below. 2 Appellants contend that they are "aggrieved parties" under the City's Historic Preservation Code with standing to appeal the decision below. The County disagrees. Appellants have not demonstrated more than a general interest in historic preservation matters in Coconut Grove, which is insufficient to make them "aggrieved parties" with standing to seek review of the COA. While the City's Historic Preservation Code does not define "aggrieved party," see §§ 23-2, 23-6.2(e), Florida courts interpreting similar terms have held that being "aggrieved" or "adversely affected" requires the party to show a specific injury, such as a direct impact to the party's property, and not just a "general interest" in the issue that is no greater than that of other residents. See O'Connell v. Florida Dept. of Cmty. Affairs, 874 So. 2d 673, 675 (Fla. 4th DCA 2004) ("a mere interest in a problem, no matter how longstanding the interest" is insufficient to render an appealing party "adversely affected or aggrieved") (internal citations omitted); Renard v. Dade Cnty., 261 So. 2d 832, 837 (Fla. 1972). The fact that taxpayer dollars will be invested in the Playhouse project does not change the analysis because Appellants fail to show a special injury distinct from that of other taxpayers. See Dep't. of Rev. v. Markham, 396 So. 2d 1120, 1121 (Fla. 1981) ("a taxpayer may bring suit only upon a showing of special injury which is distinct from that suffered by other taxpayers in the taxing district"); School Bd. of Volusia Co. v. Clayton, 691 So. 2d 1066, 1068 (Fla. 1997). OFFICE OF COUNTY ATTORNEY, MIAMI-DADE COUNTY, FLORIDA Page 3 6/16/2017 1) Deferring consideration of the COA to allow for re-evaluation of the interior of the building is improper and unnecessary. It is not appropriate to use the County's application for a COA based on the current designation to revisit whether the interior spaces of the Playhouse should also have been designated, not least because it has been more than 10 years since the HEPB designated the building's exterior and, in that proceeding, considered and rejected designation of the interior. The City's Historic Preservation Code provides that interior spaces of a historic site are not generally subject to designation unless particularly described in the designation report. See § 23-4(c)(2)(c) of the Code. Here, the 2005 designation report for the Playhouse notes throughout that the interior spaces were significantly altered during Alfred Browning Parker's 1955 renovation of the property, and the report concludes that "[o]nly the south and east facades possess architectural significance." Designation Report at 14. As such, the Playhouse's interiors were specifically excluded from the 2005 designation. While a designation may be amended "by following the same procedures" set forth in the ordinance (La, proposal and preliminary evaluation of a proposed site, preparation of a designation report, public notice, and a public hearing on the proposed designation), the Code does not provide for amending a designation during consideration of a COA, as Appellants seem to request here, Compare § 23-4(c)(8) with § 23-6.2, In addition, if the HEPB had considered the scope of the designation to be inadequate, it should have addressed and modified it in 2005. It did not do so. Now, more than a decade has passed since the designation, without any amendments to include the interior spaces. The County was therefore entitled to rely on the 2005 designation in expending resources to redevelop the site. The County hired a team of experts to research the history and significance of the site and provide recommendations that would be respectful of the historic nature of the site. Similar to the 2005 designation report, the results of the extensive research conducted by preservation architect and professor Jorge L. Hernandez and his team concluded that the most significant extant portion of the site is the iconic corner building that has served as the southern gateway to the Coconut Grove community. The conceptual masterplan presented to, and approved by, the HEPB provides a vision that will revitalize that iconic building. Moreover, the County prepared that conceptual master plan at the suggestion of, and in coordination with, the City's Historic Preservation staff. The County also accepted Historic Preservation staffs recommendations: to provide an informational session on the project to the HEPB, which the County did on February 7, 2017; to apply for a COA for the conceptual master plan, which it did on March 6, 2017; and to submit a second and final COA application once the project's details are more fully developed, which the County has committed to doing at the appropriate time. This process was purposefully designed to establish a collaborative relationship with the HEPB, providing early formal opportunities for board review and input on the masterplan. OFFICE OF COUNTY ATTORNEY, MIAMI-DADE COUNTY, FLORIDA Page 4 6/16/2017 Having expended significant time and public resources utilizing the 2005 designation and relying on the COA process as recommended by City Historic Preservation staff, the County has acquired a vested right to proceed in accordance with the 2005 designation. It would be improper and inequitable to now change course and amend the parameters of the designation more than 10 years after the building was originally designated. Doing so would require, quite literally, going back to the drawing board, and the financial resources, time, and effort expended on this project to date would have been all for naught. Aside from the legal reasons for not revisiting the original designation through this proceeding, there is really no practical reason to do so either. The County has committed on the record that it intends to preserve and incorporate original portions of the Kiehnel and Elliott interior in the renovation project. At the April 4, 2017 HEPB meeting, the County and its historic preservation consultant, Jorge L. Hernandez, testified that the interior of the theater would be investigated thoroughly, and that any existing elements from the 1927 building would be further evaluated for preservation and incorporation in the new design for the theater. In addition, in its COA application, the County committed to "[s]urvey, document and incorporate the remaining, historic architectural elements (e.g., the proscenium arch, Solomonic columns and other features that will be investigated in the subsequent design phases being undertaken) into the design of a new state-of-the-art theater and [to] orient the theater on axis with the original theater and its corner entrance through the historic front building." 3/21/2017 County Letter of Intent at 3. So, in fact, the County wants to see as much of the original design preserved as possible, and has committed to ensuring that the key features of the original building — including interior features — are incorporated in the renovation and preserved for posterity. Appellants' argument to the contrary is therefore misplaced. Appellants' related argument that the HEPB was required to defer consideration of the County's COA application until the State Division of Historical Resources (the "Division") provides comments is likewise mistaken. First, no such requirement exists in either the lease between the State, as owner of the Playhouse and the property upon which it sits, and the County and Florida International University, as co -lessees of the property, nor in any state statute or regulation. Second, throughout the planning process, the County has maintained regular contact with the State, both with its Department of Environmental Protection as manager of the lease agreement, as well as with the Division, Representatives from both State offices have participated in informational meetings regarding the development of the masterplan and have been notified of all milestone events and regulatory hearings. In addition, Division staff completed a site inspection of the Playhouse in November 2016, and received the County's COA application in advance of the April 4, 2017 HEPB meeting. The Division has expressed to the County that it typically reviews projects at the 90 percent construction document phase and that the preponderance of the reviews should occur at the local level. Appellants thus advocate for a process that is contrary to the one followed by the State. OFFICE OF COUNTY ATTORNEY, MIAMI-DADE COUNTY. FLORIDA Page 5 6/16/2017 2) The HEPB's decision approving the COA was based on substantial, thoroughly -researched, and well -supported evidence. Appellants incorrectly assert that the evidence before the HEPB was flawed, inadequate, and insufficient.3 Rather, the County submitted a complete COA application for the conceptual masterplan, and presented competent substantial evidence in support of that application at the HEPB hearing. Although this Commission's review is de novo, see § 23-6.2(e) of the Code, Appellants have raised the sufficiency and adequacy of the evidence below as a basis for their appeal. As such, it is appropriate for this Commission to consider whether the evidence presented below was substantial and competent. Cf. Miami -Dade Cnty. v. Omnipoint Holdings, Inc., 863 So. 2d 195, 198-99 (Fla. 2003). "Competent substantial evidence" means evidence "sufficiently relevant and material that a reasonable mind would accept it as adequate to support the conclusion reached." Village of Palmetto Bay v. Palmer Trinity Private Sch., Inc., 128 So. 3d 19, 25 (Fla. 3d DCA 2012). The Code provides that "[t]he applicant [for a COA] shall submit to the preservation officer an application together with supporting exhibits, other materials, and any applicable fees," and that "[n]o application shall be deemed complete until all supporting materials required have been provided[.]" § 23-6.2(b)(2). Here, the County submitted a complete application with a letter of intent regarding the restoration project, a historic report on the Playhouse, and a proposal with drawings for the restoration by Arquitectonica. Those materials satisfied the Code requirements and were accepted, and deemed complete, by City staff. At the HEPB hearing itself, City staff made a presentation on the County's application and recommended approval. The analysis presented by City Historic Preservation staff itself constitutes competent substantial evidence. See City of Hialeah Gardens v. Miami -Dade Charter Found., Inc., 857 So. 2d 202, 205 (Fla. 3d DCA 2003). in addition, Michael Spring, Director of the County's Department of Cultural Affairs, provided an introduction to the project, and the County's consultants offered testimony and evidence in support of the COA application. Specifically, historic preservation architect Jorge L. Hernandez presented historic research and recommendations for the project, and principal design architect Bernardo Fort -Brescia presented the conceptual masterplan prepared by Arquitectonica. The abovementioned materials and testimony together constituted evidence "sufficiently relevant and material that a reasonable mind would accept it as adequate to support" approval of the County's application. See Palmer Trinity Private Sch , 128 So. 3d at 25; see also Miami -Dade Charter Found., Inc., 857 So, 2d at 204 (competent substantial evidence includes "relevant fact -based statements, whether expert or not," as well as documents, maps, plans, and other materials in the record). 3 To the extent that this argument rests on the belief that the interior features should have been designated as historic, that argument has been addressed and refuted above. OFFICE OF COUNTY ATTORNEY, MIAMI-DADE COUNTY, FLORIDA Page 6 6/16/2017 That other architects offered testimony in opposition to the project, and some members of the public spoke against it, does not mean that the evidence presented by the County, the County's architects, and City preservation staff was flawed, inadequate, or insufficient. To the contrary, the board was free to credit the County's evidence and the recommendation of its professional staff, and approve the application, as it did here. See Dusseau v. Metro. Dade Cnty. Bd. of Cnty. Comm'rs, 794 So. 2d 1270, 1276 (Fla. 2001) ("[a]s long as the record contains competent substantial evidence to support the [board's] decision, the decision is presumed lawful"; contrary evidence "is irrelevant to the lawfulness of the decision"). As such, Appellants' argument that the HEPB relied upon flawed, inadequate, and insufficient evidence is incorrect and not a basis to disturb the HEPB's decision below. 3) Evidence of neighborhood compatibility, traffic impacts, and similar zoning considerations is irrelevant to the COA. Appellants wrongly contend that the HEPB should have reviewed neighborhood compatibility, traffic impacts, impacts on surrounding residences and businesses, and similar considerations prior to approving the COA for the masterplan. In so arguing, Appellants appear to invoke classic zoning -type considerations that have nothing to do with historic preservation. Compatibility, traffic impacts, and like matters are appropriately dealt with at a later time, during the zoning phase of the project, as the HEPB's approval expressly recognizes. Res. HEPB-R-17-023, Ex. A at ¶ 8 ("This [COA] is subject to approval by zoning, building, and all other required city and county departments."); see also Metro. Dade Cty. v. Section 11 Prop. Corp., 719 So. 2d 1204, 1205 (Fla. 3d DCA 1998) (compatibility is a proper zoning consideration). By contrast, the HEPB's consideration of a request for COA is governed by specific provisions of the Historic Preservation Code. The Code instructs that work proposed in an application for a COA: shall not adversely affect the historic, architectural, or aesthetic character of the subject structure or the relationship and congruity between the subject structure and its neighboring structures and surroundings, including but not limited to form, spacing, height, yards, materials, color, or rhythm and pattern of window and door openings in building facades; nor shall the proposed work adversely affect the special character or special historic, architectural or aesthetic interest or value of the overall historic site or historic district. Sec. 23-6.2(h). These criteria relate to the architectural features of the structure, not to impacts of the use of the property. The County gave proper consideration to the correct standards when formulating the conceptual masterplan for the project, and the HEPB OFFICE OF COUNTY ATTORNEY, MIAMI-DADE COUNTY, FLORIDA Page 7 6/16/2017 likewise applied the correct standards in approving the COA. To consider an alternate set of criteria not called for by the City Code would be improper and unwarranted. That said, even if Appellants' alternative criteria were relevant here, the COA would nevertheless pass muster. The County's conceptual masterplan for a 300-seat theater and supporting structures is of a far more appropriate scale and context in relation to the surrounding area than the existing 1,150-seat theater, or even a 700-seat theater advocated by some opponents of the County's plan. The masterplan clearly identifies the uses of the new buildings, the overall composition on the site, and its context within the neighborhood. The parking garage is depicted on the site of the existing surface parking, closest to the adjacent commercial areas, lower than the adjacent permitted new mixed - use development to the north, and deliberately separated from the historic front building. Further, the architectural team revisited the location of both driveways and support spaces at the rear of the site in response to concerns regarding the scale and relationship of the project to the adjacent residential neighborhood. The architectural drawings presented at the HEPB hearing showed measures to screen the service driveway off of Charles Avenue, extensive landscaping utilized to develop a landscape buffer between the project and the residential neighborhood, and the strategic location of lower level support buildings nearest to the residential neighborhood, to maintain an appropriate relationship in terms of scale. Also, the stage house volume — the tallest element of the theater — is proposed to be closer to the center of the site in comparison with the existing stage house location. This is a deliberate gesture, to shield the view of tallest portion of the project from the surrounding properties. The conceptual masterplan also contemplates uses that are in keeping with the site's original uses: theater, retail/restaurant, office, and residential. Contrary to Appellants' argument, then, the proposed masterplan thus contemplates development that is in keeping with the current historical scale and context of the neighborhood. 4) The COA will not result in the demolition of any portion of the site until the HEPB reviews and approves final plans. Appellants incorrectly argue that the HEPB's approval violates the Code by allowing for demolition of the Playhouse while the County continues to finalize details and plans for the project. To the contrary, the COA plainly states that the approval is "in concept only," that the HEPB will have to review the final details of the project at a later date, and that "[n]o demolition permit will be issued until the [final] plan comes back to the HEPB and is approved." Res. HEPB-R-17-023, Ex. A at ¶¶ 11-13. In the interim, the Playhouse shall remain intact, and no alteration or demotion may, or will, occur. OFFICE OF COUNTY ATTORNEY, MIAMI-DADE COUNTY, FLORIDA Page 8 6/16/2017 In conclusion, Appellants' grounds for appeal are mistaken and without merit. The County therefore respectfully requests that the City Commission deny this appeal, uphold the HEPB's decision below, and allow the County to continue with its vision to restore the Playhouse for the entire community to enjoy. Respectfully submitted, ABIGAIL PRICE-WILLIAMS Miami -Dade County Attorney Stephen P. Clark Center, Suite 2810 111 Northwest First Street Miami, Florida 33128-1993 ie Kirtl Monica Rizo Dennis A. Kerbel Assistant County Attorneys cc: Office of the City Clerk City Historic Preservation Division City Attorney's Office OFFICE OF COUNTY ATTORNEY, MIAMI-DADE COUNTY. FLORIDA MIAMI•DADE COUNTY COUNTY April 4, 2017 Members, City of Miami Historic and Environmental Preservation Board Subject: Letter of Intent for the Coconut Grove Playhouse Cultural Affairs 111 NW 1st Street • Suite 625 Miami, FL 33128-1994 T 305-375-4634 F 305-375-3068 miamidadearts.org miamidade.gov Miami -Dade County and Florida International University, in partnership with GableStage, followed three central goals for developing a masterplan for the Coconut Grove Playhouse: 1. To respect the historic status of the property and the legacy of architecture and the arts associated with the site; 2. To return great regional theater to the Playhouse by creating a state-of-the-art complex to be operated by GableStage, focusing on cultivating the talent of Miami artists and theater professionals and providing enriching educational and outreach programs; and 3. To adhere to the budgeted and secured funds, currently totaling $20 million of County -issued bond revenues for the capital project. The Coconut Grove Playhouse has been closed since 2006 when the accumulation of operating debt by the non-profit organization responsible for its management resulted in its decision to cease operations. Due to the resulting lack of theater activity, property ownership reverted to the State of Florida (State) in 2012. In response to the property's being offered through the State's surplus property process, Miami -Dade County (County) partnered with Florida International University (FIU) to create a plan for the development and reactivation of the Playhouse. The County and FIU, as co -lessees, executed a long-term lease agreement with the State, which became effective on January 15, 2014, after the County successfully cleared the encumbrances on the property title. The lease agreement contains a Land Use Plan (i.e., a Business Plan) that outlines the requirements for the project. Highlights of this Business Plan include the following key elements: • The commitment to establishing a plan the recognizes the historic status of the property; • The development of a state-of-the-art, 300-seat theater that can serve as the nucleus for producing and presenting great theater, cultural activities and educational and community programs and activities; • The County's commitment to utilize the $20 million in secured funds for the capital project; • The designation of GableStage, Inc. (GableStage), a premier, non-profit local theater company, to manage and program the Playhouse as a regional theater, and to collaborate with FIU in developing educational and outreach opportunities; and • The identification of the Miami -Dade County Department of Cultural Affairs for direct management of the design and construction process, given its successful track record in cultural facilities development. In mid-2015, the County hired a team of architects, engineers, and specialty consultants under the leadership of internationally -renowned firm Arquitectonica International Inc. The team includes architect and Professor Jorge L. Hernandez and the structural engineering firm of Douglas Wood Associates, Inc., both of which have extensive experience with historic properties. The County has also sought the specialized services of RLA Conservation to conduct exposures, sampling, and paint analysis of key areas of the building. Structural, materials and historical analysis of the property were carefully conducted and coordinated by the design team in developing this masterplan for the Playhouse. This work was guided by the goals of developing a thoughtful and respectful strategy for the historic fabric of the building while also addressing the needs of creating a twenty-first century regional theater, all within the funds available for the project. Historic Property Timeline including Date(s) and Description of Major Alterations A comprehensive report was produced by historic preservation architect Jorge L. Hernandez and this work provided the guiding facts and recommendations that led the direction for the masterplan. Mr. Hernandez presented his findings at the February 7, 2017 HEPB meeting, a copy of which is attached to this submission. The key "chapters" for the evolution of the Coconut Grove Playhouse property were thoroughly documented by Mr. Hernandez and are as follows: 1927 — designed by noted architectural firm Kiehnel & Elliott as a silent screen movie house; 1955 - adapted by Alfred Browning Parker to be a commercial playhouse for live theater with interior changes including the expansion of the lobby (at a loss of a portion of the audience chamber), the addition of a mezzanine level, and a change in the slope of the audience chamber floor; exterior changes including the loss of the ornamental parapet at the center of the entry facade and enclosure of the storefront side bays on Main Highway and Charles Avenue; and 1970s — further adapted by subsequent architects on behalf of the non-profit theater operator, eliminating the Alfred Browning Parker adaptations and making more interior and exterior changes as stop -gap measures to keep the physical plant operational. The Coconut Grove Playhouse, located at 3500 Main Highway, is a three-story Mediterranean Revival style building designed with distinctive exterior features of cornices, parapets, and twisted columns. Designed by noted architects Richard Kiehnel and J.B. Elliott, it was considered one of the most distinctive movie theaters in the United States when completed in 1927. The mass of the building is arranged as two wings that hug the sidewalk, bridged by the highly ornamental entrance bay, which is canted at the junction of Main Highway and Charles Avenue. The main entrance originally had an exterior stone water fountain in front of the wrought iron gates that led to the main lobby; storefronts were housed on the ground floor, offices on the second level and apartments on the third. The comparatively unadorned auditorium chamber of the theater lies beyond the elaborate entrance building and a parking lot is located on the north end of the irregularly -shaped lot. Significant alterations, designed by architect Alfred Browning Parker in 1955, focused on a reduction of the size of the audience chamber to create a larger lobby/dining space, changes in the raking of the lobby and auditorium floors and the addition of a mezzanine level to the theater, all significantly eliminating/affecting original Kiehnel & Elliott interior features. Other major exterior changes included the loss of the ornamental parapet in the center of the entrance facade and the enclosure of side bays of the historic front building, eliminating the storefronts, which were closed off to create internal spaces for the theater's new use in presenting a combination live theater and dining/entertainment experiences. Additional alterations, carried out in the 1970s, eliminated the Alfred Browning Parker features and comprised expedient repairs and building adaptations necessary to keep the building operational for the non-profit, live theater being presented. Page 12 of 3 April 4, 2017 I Letter of Intent for the Coconut Grove Playhouse Masterplan Concept The masterplan, developed by the design team, followed the recommendations of Jorge L. Hernandez who applied the standards of National Register Bulletins to the documented circumstances affecting the original Kiehnel & Elliott architecture. The following summarizes these recommendations: • Restore the entire front historic building to the original 1927 Kiehnel & Elliott design and re -introduce the original uses of these spaces conducive to an active pedestrian environment (e.g., ground floor cafes and retail, and offices and residential for the upper levels); • Re-establish the footprint of the original crescent -shaped lobby of the movie house as a lush, tropical courtyard, where the memory, history and interpretation of this site will be displayed; • Survey, document and incorporate the remaining, historic interior architectural elements (e.g., the proscenium arch, Solomonic columns and other features that will be investigated in the subsequent design phases being undertaken) into the design of a new state-of-the-art theater and orient the theater on axis with the original theater and its corner entrance through the historic front building. It should be noted that the building will require asbestos abatement. A survey and related testing of the existing facility has confirmed asbestos -containing materials to be present in materials such as flooring, insulation, HVAC piping, etc. The asbestos abatement process will include systematic removal of these construction elements by a specially trained crew and will need to take place before any other construction activities start. A vital component of the development will be structural reinforcement of components of the historic front building and incorporation of life safety and ADA requirements, all designed to meet current building code requirements. The overall masterplan and design are being coordinated with the current Miami 21 building code and will respond to zoning requirements such as addressing the adjacent zoning classifications, which range from single family homes to the west to medium and high commercial density to the south and north, respectively. During the design and construction process, the Department of Cultural Affairs will be maintaining updates on the progress of the project on its website at: http://www.miamidadearts.org/coconut-grove-playhouse-updates. This centralized location of information will serve to keep key stakeholders and the public aware of the ongoing work and progress on the key goals for the Coconut Grove Playhouse: a thoughtful and respectful treatment of its historic status, a return of great regional theater in the context of a state-of-the-art 300-seat theater managed by GableStage, and an adherence to budgeted funds for the project, all designed to ensure the success of the Coconut Grove Playhouse now and into the future. attachment Page 13 of 3 April 4, 2017 I Letter of Intent for the Coconut Grove Playhouse HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD HEPB APPLICATION CITY OF MIAMI PLANNING AND ZONING DEPARTMENT PRESERVATION OFFICE 444 4 SW 2nd AVENUE, 3rd FLOOR MIAMI, FLORIDA 33130 3500 Main Highway, Miami FL 33133 Coconut Grove Playhouse PROPERTY ADDRESS HISTORIC DISTRICT/LANDMARK NAME Miami -Dade County and Florida International University (FIU) OWNER'S NAME 111 NW 1st Street, Suite 625, Miami, FL 33128 OWNER'S ADDRESS, CITY, STATE, ZIP CODE 305.375.5049 Michael.Spring@miamidade.gov OWNER'S DAYTIME PHONE NUMBER OWNER'S E-MAIL Michael Spring, Senior Advisor to the Mayor APPLICANT/AUTHORIZED REPRESENTATIVE (NAME & TITLE) 111 NW 1st Street, Suite 625, Miami, FL 33128 APPLICANT'S ADDRESS, CITY, STATE, ZIP CODE 305.375.5049 Michael.Spring@miamidade.gov APPLICANT'S DAYTIME PHONE NUMBER APPLICANTS E-MAIL FOR STAFF USE ONLY DATE RECEIVED APPLICATION # HEPB MEETING DATE RESOLUTION # STAFF INITIALS =I r APPROVED ✓ W. CONDITIONS ✓ DENIED ✓ CONTINUED TO: HEPB APPLICATION: r SPECIAL COA fl SPECIAL CERTIFICATE TO DIG ✓ SPECIAL CERTIFICATE OF APPROVAL r WAIVER APPLICATION TYPE (Choose as many as applicable) ❑ NEW CONSTRUCTION ❑ ADDITION ❑ ALTERATION PARKING WAIVER ❑ DEMOLITION ❑ LANDSCAPING/PAVING ❑ CONCEPTUAL ❑ SETBACK WAIVER ❑ WAIVER (OTHER) ❑ AFTER -THE -FACT WORK U OTHER APPLICATIONS ARE DUE AT NOON THE FIRST FRIDAY OF EVERY MONTH FOR PLACEMENT ON THE NEXT AVAILABLE AGENDA INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED. THE HEPB GENERALLY MEETS THE FIRST TUESDAY OF EVERY MONTH AT 3:OOPM. WHEN THERE IS A CONFLICTING HOLIDAY HEPB MEETS ON AN ALTERNATE DATE. THERE IS NO MEETING IN AUGUST. MEETINGS TAKE PLACE AT: MIAMI CITY HALL, 3500 PAN AMERICAN DRIVE COCONUT GROVE, FLORIDA The property owner should be present at the HEPB hearing. It is preferred that the owner personally present the project to the HEPB at the meeting. If the owner should choose to have a paid representative present the project on their behalf, that representative must be a registered lobbyist with the City of Miami. For more information on becoming a registered lobbyist, please call the City Clerk's Office at 305-250-5360 or visit their website: www.ci.miami.fl.us/City Clerk/pages/lobbyist/lobbyistasp. (Lobbyist will be asked to provide proof of registration.) OWNER ATTESTATION: I HAVE READ AND UNDERSTAND THE ABOVE INFORMATION AND I CERTIFY TO THE BEST OF MY ABILITY THAT ALL INFORMATION PROVIDED IN THIS AP !CATION AND ATTACHMENTS ARE CORRECT SIGNATURE OF PRO 3f3-iinr DATE SIGNATURE OF APPLICANT (IF OTHER THAN PROPERTY OWNER) DATE NOTE: A COMPLETE CHECKLIST AND INSTRUCTIONS FOR REQUIRED ATTACHMENTS ARE ON REVERSE SIDE. INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED THE PLANS AND INFORMATION REQUESTED ARE TO GIVE EACH BOARD MEMBER AN ACCURATE UNDERSTANDING OF THE PROPOSED PROJECT. STAFF MAY HAVE ADDITIONAL REQUIREMENTS DEPENDING ON PROJECT SCOPE. PRE -APPLICATION MEETING: Prior to submitting an application for a hearing by the HEPB, the prospective applicant must meet with staff for a pre -application meeting with the Preservation Office to obtain information and guidance as to matters related to the proposed application. ❑x SCHEDULE AND ATTEND PRE -APPLICATION MEETING Q CHECK FOR ANY OUTSTANDING VIOLATIONS OR LIENS ON THE PROPERTY A VIOLATION SEARCH WILL BE CONDUCTED ON ALL ADDRESSES THAT ARE SUBMITTED TO THE HEPB. IF VIOLATIONS ARE FOUND, THE APPLICATION WILL NOT BE ACCEPTED OR SCHEDULED FOR A HEPB MEETING UNTIL ALL VIOLATIONS ARE CURED AND THE APPLICANT WILL NOT BE REFUNDED ANY APPLICATION FEES. FOR QUESTIONS AND TO SCHEDULE A PRE -APPLICATION MEETING PLEASE CONTACT THE PRESERVATION OFFICE: Wendy Sczechowicz at 305.416.2034 or wsczechowicz@gmail.com Contact Wendy for projects located in Bayside, Beverly Terrace, Morningside, and Riverview Historic Districts. Vickie Toranzo at 305.416.1137 or vtoranzo@miamigov.com Contact Vickie for projects located in Buena Vista East, Downtown, Lummus Park, MiMo, Palm Grove, South River Drive, and Spring Garden. STAFF INITITALS: REQUIRED SUBMITTAL FOR HEPB: O COMPLETED AND SIGNED HEPB APPLICATION FORM Include (1) Original, and (13) copies affixed to each set of plans z LETTER OF INTENT DESCRIBING THE SCOPE OF WORK IN NARRATIVE FORM Include (1) Original, and (13) copies affixed to each set of plans ▪ ONE (1)ORIGINAL PACKET WITH (1) 11"x 17" SIGNED AND SEALED SET OF PLANS AND SUPPORTING DOCUMENTS (AS APPLICABLE)* ❑X THIRTEEN (13) PACKETS OF SUPPORTING DOCUMENTS ON NO LARGER THAN 11" x 17" PAPER o DIGITAL FILES OF ALL SUBMITTED MATERIALS TO BE PROVIDED FOR APPLICATION ON A COMPACT DISC OR FLASH DRIVE Including signed HEPB application form, Letter of Intent, signed and sealed set of drawings, and supporting documents • POWER OF ATTORNEY (If Applicable): If the owner cannot be present at the HEPB Meeting and a representative who is not a registered lobbyist and is not receiving compensation, an original power of attorney is required as part of this application. • PROOF OF LOBBYIST REGISTRATION: If the owner cannot be present at the HEPB Meeting and has a representative who is receiving compensation for their services is required to submit proof of lobbyist registration as part of this application. SEE THE FOLLOWING PAGE FOR ADDITIONAL INFORMATION AND PROJECT SPECIFIC CHECKLISTS REQUIRED FEES PAYABLE BY INVOICE: • COA APPLICATION FEE: $150 (*AII after -the -fact fees will be double (2x) the original fee.) C NOTICING FEES FOR APPLICANT AND OWNER ($4.50 per notice) O NOTICING FEES FOR NET OFFICE MAILING LIST ($4.50 per notice) The Hearing Boards Division will generate an invoice for the applicant to pay all applicable fees once the division deems the application is complete. Check or cash payments are accepted only by the City of Miami's Cashier's Office are to be made payable to the City of Miami. Payment of invoices may also be made online at the following web address: https://portal.miamigov.com/landmanagement/BuildingPermit/WebPayment/Search?searchType=FinlD APPLICATION SUBMITTAL FOR HEPB: ▪ SCHEDULE APPOINTMENT WITH HEARING BOARDS TO SUBMIT APPLICATION MATERIALS COMPLETED APPLICATIONS AND MATERIALS TO BE SUBMITTED IN PERSON AT 444 SW 2ND AVENUE, 3rd Floor TO SCHEDULE AN APPOINTMENT FOR HEPB PACKET SUBMITTAL, PLEASE CONTACT: Beatriz Alvarez at 305.416.1423 or balvarez@miamigov.com All continued applications must resubmit materials in hard copy and digital form to Hearing Boards no later than the second Friday of the month. If the applicant would like to appeal a decision of the HEPB, they may submit an appeal to Hearing Boards within (15) days in order to bring the item before the City Commission. REQUIRED MATERIALS FOR ALL APPLICATIONS: n PHOTOS OF ALL FACADES OF THE PROPERTY AND APPLICABLE DETAILS (PRINTED NO SMALLER THAN 4" x 6") x PROPERTY SURVEY, PREPARED BY A REGISTERED LAND SURVEYOR FROM WITHIN THE PAST YEAR Please note that the Building Department will require a survey from within the past six months for permitting EXTERIOR RESTORATION/ALTERATION AND NEW ADDITION APPLICATIONS: ❑X CONTEXT MAP AND PHOTOS ® SITE PLAN LI ARCHITECTURAL PLANS AND ELEVATIONS SHOWING EXISTING AND PROPOSED WORK *Plans should be scaled with a min. 10 pt font U INCLUDE MATERIALS PAGE THAT SHOWS PHOTOS OF ALL PROPOSED MATERIALS (WINDOWS, DOORS, ROOFING, ETC.) PAINT CHIP(S) OF DESIRED COLOR(S) FOR EXTERIOR PAINTING ❑ OTHER O RENDERINGS (Renderings are suggested for applications for large new additions) NEW CONSTRUCTION: O CONTEXT MAP AND PHOTOS O SITE PLAN ❑ ARCHITECTURAL PLANS AND ELEVATIONS *Plans should be scaled with a min. 10pt font ❑ MATERIALS SPECIFICATION PAGE AND DETAILS, AS REQUIRED ❑ PAINT CHIP(S) OF DESIRED COLOR(S) FOR EXTERIOR PAINTING ❑ LANDSCAPE PLAN O RENDERINGS (REQUIRED) E PHOTOS OF EXISTING BUILDING (*If application is for demolition of existing building, provide photos from multiple angles of the existing structure and documentation (written and/or photographic) regarding the current condition of the building) ❑ OTHER *NOTE REGARDING PLANS REQUIRED: PROJECTS INVOLVING NEW CONSTRUCTION, ADDITIONS, OR ALTERATIONS MUST PROVIDE AN ARCHITECTURAL SET OF PLANS INCLUDING A SITE PLAN, ALL ELEVATIONS, ALL FLOOR PLANS, RENDERINGS, AND A LANDSCAPE PLAN HEPB MEETING ALL HEPB MEETINGS TAKE PLACE ON THE FIRST TUESDAY OF EVERY MONTH AT: MIAMI CITY HALL 3500 PAN AMERICAN DRIVE COCONUT GROVE, FLORIDA 3:00 PM HISTORIC NEIGHBORHOOD ASSOCIATIONS CONTACT INFORMATION: Although not required, we encourage applicants, particularly those who are proposing large projects, to contact their neighborhood association if listed below: Bayside Historic District Morningside Historic District Shane Graber David Holtzman shanemgraberCthotmail.com morningsidearc@gmail.com Buena Vista East Historic District Buena Vista East Historic Neighborhood Association bvehna@gmail.com MiMo/BiBo Historic District Shane Graber shanemgra ber@ hotmail.corn Palm Grove Historic District Bob Powers bob powers@outlook.com Spring Garden Historic District Ernest Martin Ernestmartin2244@gmail.com COCONUT GROVE PLAYHOUSE MAR 0 6 2017 ARQUITECTONICA S MY[YONS NOMMft ,. M%.OFBOUNDARY SURVEY: S. LEGAL DESERIPIION. a aNt SCoai� 61 at oy 3, of tl,c Puoiic kocc•e, o('Ammi—Uoca the NIN I/a at .nc 5E I/4 c! section n, touncne -4 _Quin. R fliwi or 1,1,mi—Dade the ED the Ncrtti,11 Also 1/4 o E I/4 a PONT OF of North 1, feet and L Pecords Coeiloining 104,207 senn,n ivol n.th z; S. SOURCES OF DATA: AS TO `JERRE. CONTR. By clettiirn (< aro ent �u sdiclion area .ucn n,a al lo Va�tca. Catum i 9 tl G.r.}10/9). Wort, (neelc,tea�tc N. L.9.D.) Lxeiwv. BOUNDARY SURVEY of 3498-3500 MAIN HIGHWAY, MIAMI, MIAMI-DADE COUNTY, FLORIDA 33133 for MIAMI-DADE COUNTY DEPARTMENT OF CULTURAL AFFAIRS LOCATION SKETCH v0T Tc cnic AS TO HORIZONTAL CONTROL 14i83/1anne ON 10,0 4. ACCURACY. 5. UMITATIONS: CEflTIFY100 f NIVEVORS diMlIG7i 9043.0 ADDRESS COCONUT DROVE PLAYHOUSE. ARQUITECTONICA AAar>yutb ]IR ARwM% • SURVEY A0.1 TREE LEGEND f umam. * eim me • a« .a -.a. as p .w • gae ABBREVIATIONS I FDFND NW 7, r 111 GRAPHIC SCALE BOUNDARY SURVEY of 3498-3500 MAIN HIGHWAY, MIAMI, MIAMI-DADE COUNTY, FLORIDA 33133 for MIAMI-DADE COUNTY DEPARTMENT OF CULTURAL AFFAIRS ADDRESS COCONUT GROVE PLAYHOUSE mrHwuwmLm Huai For SURVEY A0.2 GRAPHIC SCALE LEGEND . . „ TREE LEGEND SW.... 03 * M33,333 4,3 • 3.033 03. * 33.33. q24 33.3s 3.3 :ticiF3s7fAPFV:3S:37 ABBREVIATIONS BOUNDARY SURVEY of 3498-3500 MAIN HIGHWAY, MIAMI, MIAMI-DADE COUNTY, FLORIDA 33133 for MIAMI-DADE COUNTY DEPARTMENT OF CULTURAL AFFAIRS A,5392* P.25.00' 4.135.01.37" MATCH LINE (SEE SHEET 2 OF 3) .3. ADDAMS COCONUT GROVE OUTHOUSE ARQUITECTONICA JORGE 3 1031.0. 03003 Fa11=-- 330390033.33, X110111G.VIA. 3.33.33.3.060. SURVEY A0.3 EXSITING SITE CONDITION COCONUT GROVE PLAYHOUSE AROUITECTONICA 91101014..• 30VVVIrta EXISTING BUILDING PHOTOGRAPHS A0.4 / / / • 4'474' / P77.6747, 74166 Folio ZONING CLASSNICATION RIVIA FLOOD gONE LOT SIZE, SF oconot mom 717,710756 MO Mato Hvgv,vgn 141210050140 CF7iC lostgotIon, NC0-3 104.20., ASSUMPTION Existing TS Notes Required Provided LOT COVERAGE, Max, 80% SW T,5 Applicable 83,3613 SF 70.16g Si MAX. FLOOR LOT RATIO V.1,, N/A N/A T-5 Applgatge N/A FRONTAGE AT FRONT SETBACK, Mfrs & TO& 277 I 7.617 Ts6Applicable 169 LF 132 1 r OPEN SPACE, Lot Area Min, 96 10% ' L.L' APplicablo 10,021 SP 30.047 SF DENSITY N/A N/A I' .5 Applicable N/A HEIGHT, Max. n SLY 5 STV L 5 Applicable 5 5, 4 STY t60 FT! SER3PCKS PFIRICISAS FRONT Nam ,,syl ,ECONDARV FRONT (Chades St , ,Nflhools Ave 10 ft 6 7 IC & nyo 1,S Applicable 10 10 Abutting REAR/510E 105 5 75 105 '10V. of lot depth anulilon 11 5.25, 11.7, 16 47 & RFAII (Thomas Ave , Abgera) Alleys 0 ft N/A 0 tt ovn t 5 Aon,ganle PROGRAM PROVIDED BASE BID 100 Performance Spaces 6,205 200 Back of Pause Spaces 2,500 300 Front of HOU. & Public Spaces 3,455 400 Administrative Office 1,300 MEP/ Trash (gross orw) 2,370 Subtotal net sq feet 13,460 ADD ALTERNATE NO.1 500 Rehearsal Space / Bon & Related 2,623 Re0e1,,w1Sa0o1.21,3 (000,3 oetR 600 Subtotal net sq feet 1,625 ADD ALTERNATE NO. 2 600 Scene Shoo 5 Belated 4,345 >00 Costume Shop A Related 305 Subtotal net sq feet 0,130 Total net sq feet 21,235 Total grass sq feet 26,325 96 gross to net sq feet IDA RETAIL AREA Historic Building NeW Development Circulation PIAZA Total net sq feet TOtdi gross sq feet 10210 5,9. 3200 16,150 19,350 Exwevor fea wor,,tY 9,930 Exterwrog Wet ROW 1,750 Exterior w fete - totot 11,680 COCONUT Gnov6 PLAYHOUSE AROUITECTONICA SITE PLAN 1 -1 WILLIAM AVENUE DRESSES 2E0 or DEESE. SA),E REHEARSAL SPACE REHEARSAL LOBBY SPACE 2,000 SF 40' 50' M"" LOBBY MO SF RETAIL 1 F&B 2.030 SF FOB 5,940 SF 69 PARKING PAC St'' MAIO ADDRESS WW1 M1LA COCONUT GROVE PLAYHOUSE AROUITECTONICA 7R1';';;C)N1'1, GEO tv..„ GROUND LEVEL SGAU- A1.2 14' 10' 11'-8" 1• F 1 5'•3" -I 10' / t0000, l / r / / / . i / / / 9 PARKING PACES- / / ,< / / /, / / / / / UP / / DOWN ii \✓ / / / 5' GOOONUT DROVE PLAYHOUSE 5-1k3t1 SECOND LEVEL �.. SCALE 1/16'®1'0. REHEARSAL SPACE REHEARSAL SPACE LOBBY FLY TOWER THEATER F & B RESIDENTIAL GARAGE ENTRY CHARLES AVENUE FLY TOWER MAIN HIGHWAY REHEARSAL SPACE CHARLES MAIN AVENUE HIGHWAY F & B -- FRONT BUILDING RESIDENTIAL GARAGE ENTRY ELEVATION IN PROGRESS ELEVATION IN PROGRESS — — ADDRESS COCONUT GROVE PLAYHOUSE AROUITECTONICA MALEY-n...6 .58otaa Ite, 2017 on. 0$1,03.8 310 ELEVATIONS SCALE 1/1V.1,0° A2.1 ADDRESS COCONUT GROVE PLAYHOUSE SECTIONS SCALE 1hl6'=1.O A3.1 7 AERIAL VIEW A7.1 ,tea ADDRESS GROVE PUVIIOLISE Oka Rep....COMM AERIAL VIEW A7.2 COCONUT GROVE PLAYHOUSE • STREET VIEW A7.3 4 ..k-- USSR• "Qi`1. '1tl . _ on pn es, 30910 Moans 0000HUT GROVE PLAYHOUSE EXISTING AERIAL VIEW A7.4 9049 0 ADDRESS COCONUT GROVE PLAYHOUSE A 06 17 .0101116 EXISTING AERIAL VIEW A7.5 30030 ADDRESS 33333, 333 COCONUT GROVE FLATNOUSE —..— AROUITECTONICA 0 6 201 034303333.333033333163 0333330`030 EXISTING STREET VIEW A7.6 Coconut Grove Playhouse Historic Report Jorge L Hernandez Preservation Architect For Arquitectonica International 02.07.17 History of the Coconut Grove Playhouse I. Coconut Grove Theater, 1927 - 1955 Silent Screen movie house II. Coconut Grove Playhouse, 1955 - 1976 III. Players State Theater, 1977 — 2006 IV. Coconut Grove Playhouse Current Condition, 2006 — 2016 Building Shuttered Coconut Grove Theater,1927 Front Elevation K L1!NEL AND .ELLIOTT (1926-271 FIRST FI,[HIR. DIAGRAMMATIC I'I...A + 12" - I V Diagrammatic Kiehnel & Elliott floor plan showing the compositional organization of the Playhouse A: The front building B: The crescent shape lobby and vestibule C: The auditorium Coconut Grove Chamber of Commerce Meetings held at the Coconut Grove Theater (1946 Photo) V. KIEHNEL AND ELLIOTT (1926-27) FIRST FLOOR PLAN SCALE: 3/32" = 1'-0" KIEHNEL AND ELLIOTT (1926-27) LONGITUDINAL SECTION SCALE: 3/32" =1'-0" Kiehnel and Elliott Floor Plan and Section as extracted from the Alfred Browning Parker 1955 Plans L, _ r • 1 1. I II 111; gr, -1. :ON 411 - 4 snli ' Pik •11 ape: "Pr F t P-1 An iconic scene from the 1933 film King Kong The Jazz Singer, 1927 Arer.rli 7.27k. trAlf" I t_011- NTH'S I A OWS' ° M'ARIEAREILLI ADOLPHE MENJO IP P °DUCT' ON TAN RICARDO COPTU CAROL DEMPSTOLLYA &PUTT! ALiA•ProrzoA) .520 ..lriniOr P-115 SE,T.,1L,L.,s, GE0F.73r, LILL .7.,:hrenkt 11,171 NV roatvzsir HAL rir gam owl gjar' Sorrows of Satan, 1926 Coconut Grove Chamber of Commerce Meetings held at the Coconut Grove Theater (1946 Photo) Olympia Theater in Downtown Miami, Interior view Coconut Grove Theater,1927 Front Elevation Olympia Theater in Downtown Miami, by John Eberson, 1926 Interior view wi r 4'f _► it,.e t x4. x Y + • tr ` ""'� - 4� - ..... a' s .• 0 t ` .l` - �; .- ▪ «' a A. iC.t2 tl `: Sketch of the Coconut Grove Playhouse as a two story structure Arva Moore Parks Archives •+,- ir Coconut Grove Theater,1927 Front Elevation FAIN: NM CLAUDE Nairn- N 'i t L ON siOULDEIr Members of the Coconut Grove Chamber of Commerce in front of the Coconut Grove Theater (1946 Photo) V. KIEHNEL AND ELLIOTT (1926-27) FIRST FLOOR PLAN SCALE: 3/32" = 1'-0" KIEHNEL AND ELLIOTT (1926-27) LONGITUDINAL SECTION SCALE: 3/32" =1'-0" Kiehnel and Elliott Floor Plan and Section as extracted from the Alfred Browning Parker 1955 Plans r Left: Mr. & Mrs. Engle entertaining guests in the Playhouse Dining Room. Architect Alfred Browning Parker is seated at the far left. Right: George Engle (1955 Owner) & Dorothy Engle at the Playhouse Art Gallery A South Florida Home designed by Alfred Browning Parker \LFRED BROWNING PARKER (1955-56) FIRST FLOOR PLAN \LFRED BROWNING PARKER (1955-56) LONGITUDINAL SECTION th,mmlmc,i. b.,nA.L.t., J:o�_. Alfred Browning Parker Floor Plan and Section, 1955-56 The royal blue shows Parker's additions, and the light blue indicates the extent of the mezzanine overhead. SCALE: 3/32" -= 1'-0" SCALE: 3/32" -= 1'-0" h. �nx ynui�6c scW r ve P aye house dining room interior designe Browning Parker section All Detail of lobby fountain mirrored dome 11!w 4' 5445544 54 Xllh cam( dLi! Ott -MA. 5.44.5`5 ! 5544, • re w II1I I 1 Alinnigr'llr dew. irerige ay ouse estaurant interior designer lire Browning Parker 4iegAilOAWIJ .w, ll,Yw* Apifiner 4/�w ,�w.Tra AIG+'ij� aJ ? /�/1�EMI "fib" : I ft�r{.MA�lo1f �rli//� iP section B•C T'G;R S1AlD�1.. 11.L YA1`&A71• 45[ A7 4 401 455E155j4,44, 54ME. C.1.f, V4i10154 #r17Nr11555. €w 4A*11 A$ '444411M h4•4 PL4M. "rtila LIT t.AV au, C4E7411- tl.t_ l Mt14ta olNita 4Ev- 4 to The Playhouse Gallery and Celebrity Room Playhouse Entry Vestibule by Parker v* Ott Excerpt from Parker's Longitudinal Section showing the change to the floor slope, which allowed for the fountain. M�S�, is i�,i £8 Ta 5Y rA iiaeia xt tfq% •faa•w +'ett:WC aria 17 kaanA. T33t, P4104 AO:.iAtiT oaol O. hi le •..�� .. r..� Interior View of the Coconut Grove Playhouse Auditorium r,4.1,..q Cw<<., ..q ' j a a p „V r.A t.ra.,d f AAA, rvi.. 4,4":.4 (say ca,.. pw.u1 LINE OF ORIGINAL FLOOR LINE OF ORIGINAL FLOOR Excerpt from Parker's plans showing the new mezzanine obscuring the existing bays and ceiling heights Interior View of the Coconut Grove Playhouse Auditorium Solomonic Columns now located in the restroom. Due to the change in floor slope, the bases are now below the floor slab. KIEHNEL AND ELLIOTT (1926-27) LONGITUDINAL SECTION DIAGRAM SCALE:1/8" = 1'-0" MP - Diagram showing Alfred Browning Parker's Mezzanine in Kiehnel and Elliot's Section Solomonic Columns at the Concession Area that have been buried by Alfred Browning Parkers change to the floor slope L I►T w►►uJ 1 112"--. ECAPPIAL TER ,sue/�...4 r ' I„ - I �/4/ _ ■; _ . ■ 0 visu ,s .r.DI-1 ,Q.rs IAMIARRO cant-i° 54..TOI4 4:30O d4L /1M4L15.l.. AUDITORIUM gyp 1.167CJ00 Hrt144 IWO CATZ Wawa' G..CPrr r' "4 II VPAN - ri Excerpt from the Ferguson Glasgow Schuster Inc. Alterations & Remodeling plans 1984 E"':'Y"v Ma inaa C$ida ..,., LA14Y, Viral i:. y/.1). IC..t+Y9t akv; Y3444 A. i#l5l6 i.�aF4 i"YFi RAO 55 A& saaavear iF^F 7At4_5 ♦dAsti.. Nkty-1 #IDXI.. ,-.L1 4/Au., fY3X JY AA, raves , Section in Alfred Browning Parker's Plans showing change in floor slope, 1955 Alfred Browning Parker's Plans showing the Auditorium without the Mezzanine, 1955 Alfred Browning Parker's Plans showing the Auditorium with the Mezzanine, 1955-56 Wig Coconut Grove Theater view of the proscenium arch (photo 1946) Coconut Grove Playhouse front elevation showing the closed up store fronts (Photo 1971) ,mom izer — Er so . i w pi Coconut Grove Playhouse front elevation showing the elevated planters (Photo 1984) Comparison of the 1926 and 1971 Coconut Grove Playhouse front elevations showing the removal of the crenellation along the roof line. r FERGUSON GLASGLOW SCHUSTER, INC. (1982) ,FP 1 BAIL 13 LOUNGE wads'S,oL.r VEN, hNITOLL FIRST FLOOR PLAN LOUNGE FERGUSON GLASGLOW SCHUSTER, INC. (1982) LONGITUDINAL SECTION I.v d..iS +eJJrux b. .3ruh. co,rigjavd Kor,SH,:Jobe1 I Ic auiufu ATagal, P.A.nail a., ioi bo repriWu,od p with rprulir eonsonii of the urel]IttLTh, cmurucwriaac rderk anJ ,cTily ale job INNER LOMY OUTER WHEY h3 rup .,bIC lir,unn. oIairnb• . - ENTRY J Ji.. p cnu1.11 1 ,0 b,lin 0/111I11,1 SCALE: 3/32" = 11-0" SCALE: 3/32" = I'-0" Coconut Grove First Floor Plan (1982) FERGUSON GLASGLOW SCHUSTER, INC. (1982) FIRST FLOOR PLAN DIAGRAM These dolga. end drawing, um the eapynghted prep.rty of Avg, I,.laemaala Trvhilen.P.A. wed may wlh mpnvnn incept wih peifa wr ten wmore old w wchittxt. The amractw MIA. eh k mui venly al; di men xiemx of llxpvb arul benexpnrisible for NM, rgneingany douremunn+xw the mehile<t Eefore ewmmenrting vwk. Drawing mat io he Agana Coconut Grove First Floor Plan Blue represents changes made by Alfred Browning Parker, and green represents changes made by Ferguson Glasglow Schuster, Inc. Carol Channing in Show Business (l ft) Tennessee Williams during the run of A Streetcar Named Desire (right) Mickey Rooney in No Sex Please We're British (left) Liza Minnelli in The Fantasticks (right) I. Coconut Grove Theater, 1927 — 1955 • 1926 Mediterranean Revival Silent Screen movie house By Kiehnel and Elliott • A composition organized about the corner of Charles Ave and Main Highway featuring three distinct parts • Extraordinary handling of the urban corner • Included an early form of air conditioning • Used as: a movie theater, air force training location during WWII, Radio broadcast by Kate Smith, closed at intermittent times • Example of a master work of Mediterranean Revival architecture • National Register Criteria C • Master work, work of a master • Miami 21, Chapter 23, Section 4, A-5 & 6 • (5) Embody those distinguishing characteristics of an architectural style, or period, or method of construction. • (6) Are an outstanding work of a prominent designer or builder. IL Coconut Grove Playhouse, 1955 — 1976 • Significant reworking of nearly all Kiehnel and Elliott interiors by Alfred Browning Parker • Changes to exterior that affect the Charles Ave and Main Highway facades • Changes to exterior that affected the roof lines of the corner • The cultural history of the site is associated with persons and events significant to the history of the American stage • National Register Criteria A & B • Significance for associations with persons and events • Miami 21, Chapter 23, Section 4, A-1 & 2 • (1) Are associated in a significant way with the life of a person important in the past. • (2) Are the site of a historic event with significant effect upon the community, city, state, or nation. III. Players State Theater, 1977 — 2006 • Further reworking of interiors typified by expedient and non -distinguished work of lesser quality • Further changes to exterior • The cultural history of the site is associated with persons and events significant to the history of the American stage • National Register Criteria A & B • Significance for associations with persons and events • Miami 21, Chapter 23, Section 4, A-1 & 2 • (1) Are associated in a significant way with the life of a person important in the past. • (2) Are the site of a historic event with significant effect upon the community, city, state, or nation. Methodology E Current state of the Coconut Grove Playhouse Exterior "For some properties, comparison with similar properties should be considered during the evaluation of integrity. Such comparison may be important in deciding what physical features are essential to properties of that type." -National Register Bulletin: How to Apply the National Register Criteria for Evaluation, Section VIII: How to F-:valuate the Integrity of a Property, Comparing Similar Properties NATIONAL REGISTER BULLETIN Technical information on the the National Reglst., of I ii4l.n ii survey, eSalua lion, registration, and preservation of culture r.,, ,:.r-: L'.S. tleyanm�m of tRe irt�w�n, 1=7:1Neu " How to Apply the National Register Criteria for Evaluation DI4Wl mHIC1U911D T-HIEH HOLM -COT FLARIDA PR6JE T I1UdER 1971 unarm oavrrwx .Sk Tx[ XLTICXrL Win iolvlGr. unIrro rATtS BsPFSTMRR or AM■ IHT9111PR NO T� toUHTY AGAD hnkt 10.3nTIC.1 Y dTR4GFVflC PARAMOUNT THEATER - SUNRISE AVENUE a N. COUNTY R3 Q PALM BEACH, FLORIDA First Floor Plan of Paramount Theater in Palm Beach NGT[II P. DO 44 8TDRE STORE 1 a Iy 4FIA9HIt. SCALE 1 1 .1•l,1 FEET 3 9 IS Sopro lr 99. FLA 01 HISTORLC AMER2C.01. %FJGS SURVEY JIIIYT,J $r 8 9413111 Views of the Paramount Theater in Palm Beach Exterior view of the Paramount Theater in Palm Beach and the Coconut Grove Playhouse With regards to interiors: "Some historic buildings are virtually defined by their interiors ... the loss of an interior will disqualify properties from listing in the National Register - a historic concert hall noted for the beauty of its auditorium and its fine acoustic qualities would be the type of property that if it were to lose its interior, it would lose its value as a historic resource." National Register Bulletin: How to Apply the National Register Criteria for Evaluation, Section VIII - How to Evaluate the Integrity of a Property, Interiors "Some historic buildings are virtually defined by their exteriors, and their contribution to the built environment can be appreciated even if their interiors are not accessible." National Register Bulletin: How to Apply the National Register Criteria for Evaluation, Section VIII - How to Evaluate the Integrity of a Property, Interiors NATIONAL REGISTER BULLETIN Technical inlormalian on the the National Register aI Hastoric Places: survey, evaluation, registration, and preservalian of cultural resources L'S. hpanmeniaf Nxknercr How to Apply the National Register Criteria for Evaluation sommimpappl With regards to exteriors, the Bulletin addresses the topic of integrity under criterion C, for sites associated with the architectural work of a master. "A property that has maintained some historic materials or details can be eligible if it retains the majority of the features that illustrate its style in terms of massing, spatial relationships, proportion, pattern of windows and doors, texture of materials and ornamentation. The property is not eligible, however, if it retains some basic features conveying massing but has lost the majority of its features that once characterized its style." -National Register Bulletin: How to Apply the National Register Criteria for Evaluation, Section VIII: How to Evaluate the Integrity of a Property, Assessing the Integrity in Properties NATIONAL REGISTER BULLETIN Technical inlormalian on the the National Register aI Hastoric Places: survey, evaluation, registration, and preservalian of cultural resources L'S. hpartomniaf Nxknercr CWw�IR�msrcntt How to Apply the National Register Criteria for Evaluation Comparison of the 1926 and 1971 Coconut Grove Playhouse front elevations showing the removal of the crenellation along the roof line. Recommendations Coconut Grove Theater,1927 Front Elevation A: The Front Building r r' KIEHNEL AND ELLIOTT (1926-27) FIRST FLOOR PLAN SCALE: 3/32" - 1'-0" Drawing RIM lei he gealai 1. Restore front building to the 1927 Kiehnel design and remove non-contributing, non -original additions 2. Restore original paint, finishes, and surfaces 3. Replace non -original windows and doors with new windows and doors that are sympathetic to the original design 4. Return ground floor uses that are conducive to an active pedestrian environment. 5. Restore the original roof lines. B: The crescent shape lobby and vestibule i KIEHNEL AND ELLIOTT (1926-27) FIRST FLOOR PLAN Mc= dreigne end draurnn ern Idle ropyriyhcW SCALE: 3/32" = 1'41" orlenge L. Ilrannd.r.Arebiiru, YA and may ned prrWut.J eaL:pi wnh P'Flr urmnn wmen, of nen er:h-teJinn nonesrvrmu.1check anJ rrnfyll Jimrn•mme of[11,6 avdh r.erunxrleI Inedne drennui:rY..Lh.urrhri.xt brier. numm:rx'mg work llraxink nrt�4h 6. Re-establish the foot print of the original lobby as a lush tropical courtyard, where the memory, history and interpretation of this site will be displayed C: The Auditorium KIEHNEL AND ELLIOTT (1926-27) FIRST FLOOR PLAN SCALE: 3/32" = 1'-0" Theo al.*. and J,ng. a prop, arinrs. L. H:maMoApali c P.A. an, muv un Er.amoeucl racer, r.,: wrven eonwnt of ne asn0rt Tha contracu,r mum ph, wad acrit,all eenanaiam Dime P,L ana,rnMnak, for ,ainc RH. n;ne=,r d,rapn.io, ., llu u.x av hafaaa.omm:n.,nb upaL rn,wry noLP, ea ral.J 6. Document and survey for architectural elements to be incorporated in the design of a new state for the art auditorium in its original orientation towards the corner. The proscenium arch and remaining Solomonic columns are among the elements to be incorporated Coconut Grove Chamber of Commerce Meetings held at the Coconut Grove Theater (1946 Photos) Solomonic Columns now located in the restroom. Due to the change in floor slope, the bases are now below the floor slab. K L1!NEL AND .ELLIOTT (1926-271 FIRST FI,[HIR. DIAGRAMMATIC I'I...A + 12" - I V Diagrammatic Kiehnel & Elliott floor plan showing the compositional organization of the Playhouse A: The front building B: The crescent shape lobby and vestibule C: The auditorium El Jardin, 1918 1 Bryan Memorial Methodist Church, 1928 ONO :XXXI Second Church of Christ Scientist, 1940 Coconut Grove Theater, 1927 CI Grand Ave Grand Ave Grand Ave p • Thomas Ave Thornas • 1�1 ri Greater St Paul Ame Church Wiliam Ave 0 Charles Ave =rrace Franklin Ave at Ave ro Loouat Ave ,Avocado Ave Ave Palmetto Ave erd Ave 0 Royal Palm Ave a is POlnelanV Ave William A., Charles Ave Franklin Ave ▪ Merl r Ave Loquas Ave m Avocado Ave Palrnelto Ave Royal Palm Ave Second ChurceChrist yfe Scientist ,"y�v, •• Irstiian Science Society • sc,G Sweet Pee Unlimited hrand A. Themaa Ave William Ave Charles Ave Franklin Ave 40' f IMI St. Hugh Catholic Church 011 ©F ! • 6 ,fir ip F ' Ch Sacred School the Saertl Heart.. w, • Chabed of South Dade The Sarnacie Historic State Park 1 Peacock Garden C Peacock Park Ransom Everglades School 1r El Jardin, 1918 s Coconut Grove Theater, 1927 410tuts Ed Second Church of Christ Scientist, 1940 1 COCONUT GROVE PLAYHOUSE MAR 0 6 2017 ARQUITECTONICA ounvEvo.$ MOTES. 1. MAP OF BOUNISAYSURVEY: Field Survey was completed on: February 19th, 2017, PARCEL I. Lots 1 and 2 of Engle Subdivision according to the Plat thereof. recorded in PARCEL Beginning at the intersection of the agreed Westerly li, of the NW f the F 1/4 a /4 0 or y Avenueline of Charles (for Street) according County. Florida: thence South 89 degrees 56 minutes 00 seconds East olong said right of way line for 150.76 feet to its intersec,on with the Northwesterly right of way line of Main Highwa, thence North 28 degrees 49 minutes 45 seconds East along sold right of way line for 83,04 feet to a point on the Southwesterly right , way line of a former 14,12 foot alley. lying Southwesterly of and odjacent to Lots 75 through 80 of the DeNedouville Homestead as recorded in Plat Book B ot Page 106, of the Public Records of Miami -Dade Public Records of Miami -Dade County. Florida: 11,11CP NOrth 45 degrees 01 minutes 30 seconds West along said right of way line of 12.59 feet to the most Southerly corner of Engle Subdivision, according to the Plot thereof recorded in Plat Book 64 al Page 431. of 45 seconds East along the Southerly boundary of the sold Engle Subdivision. being also the Northerly right of way line of Moin Highway for 2,65 feet to a point of curvature of o circular curve concave to the South and having a radius of 745 feet: thence Easterly olong said curve Inrougn a central angle of 0 degrees mrnutes 00 seconds for 3.68 feet to the center line of the aforementioned alley. thence North 45 degrees 01 minutes 30 seconds West along the center line of soid alley for 124 21 feet the intersection of said center line with Northwesterly boundary line of Tract B of said Engle Subdivision: trvence Soutr, 44 degrees 58 mrnutes 30 seconds West for 7.06 feet to a point on tne Southwesterly boundary of Lot 2 of said Engle Subdivision: iM1PriCe NOrth 45 degrees 01 minutes 30 seconds West along the said Southwesterly boundary of said Lot 2 for 101.05 feet to a point on the arc of o curve. hoving a radius of 25 feet and a central angle of minutes 00 seconds West from sold point; thence Southwesterly along said arc for 17,62 feet; thence South 89 degrees 39 minutes 20 seconds West for 5.20 feet; thence South olong the agreed Westerly boundary of the NW 1/4 of the 1/4 of Section 21, Township 54 South. Range 41 East for 235.78 feet to the POINT OF BEGINNING, lying and being in PARCEL III. The Eost 240 feet of the NOrth feet and the East 52.5 feet of Block 29. LESS me North nT feet of faow HOMESTEAD Taccording to the Plat thereof recorded in Also Described As PARCEL IV, That port of Lots 75, 76 and 77 DeHedouville's Subdivision according to the Plat thereof recorded in Plot Book B at Page 150 of the Public Records of kiliami-Dade County. Florid, described os follows: Beginning at the most Southerly corner of the oforesoid Lot 75; thence run Northeasterly along the Southeasterly boundary line of said Lot 75. 43,36 feet; thence run Northeasterly parallel to the Southwesterly boundary lines of the aforesaid Lots 75. 76 and 77 to a point in the Northwesterly boundary line of said Lot 77, thence Southwesterly to the Southwest corner of said Lot 77: thence olong Southwesterly line of said Lot 77. 76 ond 75, to the Point of Beginning. Less a portion of to Lots 75, 76 and 77 as ShOWn on Plot of DeHedouville's Subdivision as recorded in Plat of ENGLE SUBDIVISION according to the Plat thereof recorded in Plat Book 64 at Page 43 of the Public Records of Miami -Dade County, Florida. Being .e some land as conveyed by Official Record Boo, 9843, Page 896, a. Deed Boo, 1566. Page 190. and in Official Records Book 10909. at Poge 2755, as recorded in the Containfng 104,207 Square feet or 2 39 Acres, more or less, by calculation The above captioned property was surveyed hosed on the above Legol Description furnished by the client 3. SOURCES OF DATA AS TO YMCA]. CONROL: subjectBy scaled determinotion the EmergencY Mproperty anel Number 12o6s0, Map Na. 12086C04T6. Management L. Revised Date: 09-11m 2009 Community -Panel An accurate Zone determination should be mode by the preporer of .e mop, the Federol Emergency Monogement Agency, or the Locol Government Agency having jurisdiction over such matters prior to ony judgments being mode from the Zone as user The that "this fMCP s for insurance PurPases y derol Emergency Management Agency Mop states m the notes The vertical control element of this . survey as derived from the Notional Geodetic Vertical Dotum 192, (NG.VD.1929).City of Miami Benchmark City of Eler_ 16s�(Ad; ed to NOVH) Location Ma,, H,hgway BOUNDARY SURVEY of 3498-3500 MAIN HIGHWAY, MIAMI, MIAMI-DADE COUNTY, FLORIDA 33133 for MIAMI-DADE COUNTY DEPARTMENT OF CULTURAL AFFAIRS 5 Z106 ]6 LOCATION SKETCH NOT TO SCALE a AS TO HORIZONTAL CONTROL NOrth Arrow and Bearings refer to on assumed value of S01•57'31'E along the Westerly line of the Subject Property. base on the State Pla, Coordinates, Florida. Sold line is considered well established and monumented. - Plat of ENGLE SUBDIVISION. Plat Book 64. Page 43. kiliami-Dade County. Florida, - Plat of DENEDOUVILLE SUBDIVISION, Plat Book B. Page 150, Miami -Dade County, Florida. - Plat of FROW HOMESTEAD, Plat Book B, Page 106. Miami -Dade County. Florida. - City of Miami Atlas Sheet 46L and 46K, Miami -Dade County, Florida. -The following coordinate values are based on the North American Datum (NAD) 1983/I990 odjustment for the Stote Plone Coordinote System of the florido Eosi Zone. Monument Elevation: 11 61(NCVD Identification: 29)LONSGNorthing, 520051,230 feet cation: DIAZ 06Monument N(NCVD29) Northing: 510067,533 feet fasting: 909810.516 feet Located Southwest of the intersection of 5. 130,1101, Drive a. SW 22. Avenue Concrete monument with o Metro Dade CPS Control point bross disk ond is stomped 0. ACCURACY: 5. 11MRATIONS: the Client is hereby adVised that there may be legal restrictions on the Subject Property that are not shown on the Survey Mop or contained within this Report that may be found rn tne Pun., Records of Warm -Dade County, or trve records of any olner CinCI private entities as their jurisdictions may appear. The Surveyor makes no representation as to ownership or possession of the Subject Property by any entity or individual who may oppeor in public records. No excavotion or determinotion was mode as to how the Subject Property is served by utilities No improvements were located, other than those shown. No notice rs regurred by tne "Standards of Practice for La. Surveying in tne Stote of Florida.' pursuant to Pule 5.1-17 of the Florida Administrative Code Notice is hereby given that Sunshine State 0, Call of Florida, Inc„ must be contacted at 1,00-432-4770 at least 48 hOUr5 in advance of any construction, excavation or demolition octivity within. upon. abutting or adjacent to the Subject Properly. This Notice is given in compliance with the "Underground Facility Damoge Prevention ond Safety Act.' pursuont to Chapter 556101-111 of the Florida Statutes. CER1FVT0: SURVEYORS C.N111ICA1E and correct to tne best of my knowledge and belief as recently surveyed under my direction. Further. there ore no above ground encroachments unless shown. This survey meets the standards of practice set forth by the Florida Board of Professional Surveyors a. Mappers. In Chapter Florida Administrative Code. pursuant to section 472.027 recorded instruments. if any. affecting the property Location and identification of utilities adjacent to the property were not secured as such information was not requested, Ownership is subject to °Pinion of title J. Bonhll & Apodate%, Inc. Cegoe W ANhuhebn Number is 3 58 Ergo.. Joseph OWIhgsNrillr PA.M. Rohetionel 9uN0yOr and Mapper NurOor NO. LS2097 Mee >Raids NOTE: Not valid without the signature and original raised seal of a Florida Licensed Surveyor a. Mapper. Additions or deletions to Survey Maps by other than the signing REVISIONS BY Pap 10016 ITJbM Des 2-194011 Rev. SCA Mao. SCEL. STAG AS SHOWN Pleld Book FMB COCONUT GROVE PLAYHOUSE AROUITECTONICA SURVEY A0.1 A GRAPHIC SCALE TREE LEGEND SCALE = SO. 0,0. CANNON NAME * K.EhEA* PE,s2R4157-z:- t"! LEGEND ,„„y„.„, 00 00 Ela+ Line9 519,, Can °P: BOUNDARY SURVEY of 3498-3500 MAIN HIGHWAY, MIAMI, MIAMI-DADE COUNTY, FLORIDA 33133 for MIAMI-DADE COUNTY DEPARTMENT OF CULTURAL AFFAIRS 48 7 (B.450) 47 7 _L46 ; WILLMM -AVENIM -6=18.53. tz R=25.00' ASPHALT PA.MENT 8=4277,11 VC •.$ INB54S7t R W 144 40 L.4 EA0 ANO IDA t 8 2. a FA MO 101 P/L 87.50 No a FC'11 [11 2 MATCH LINE / (SEE SHEET 3 OF.31 ,77 8=21.28' 844W4406" _ 0 ZONED STREET L. ,. REVISIONS Proj: 14-0433 Joh 17-0039 Data 2-19-2017 Drawl EC73. Sada AS SHOWN PleldBoalc ONEILE SHEET OP 1 COCONUT GROVE PLAYHOUSE ,IVALAALAWAP,APP65 DLL AAELIFA SURVEY A0.2 GRAPHIC SCALE SCALE = TREE LEGEND SYMBOL p.m rukc ° 'E:s7ffsitETEL ABBREVIATIONS 'I"Z.:FIL`r o.o. BOUNDARY SURVEY of 3498-3500 MAIN HIGHWAY, MIAMI, MIAMI-DADE COUNTY, FLORIDA 33133 for MIAMI-DADE COUNTY DEPARTMENT OF CULTURAL AFFAIRS / , \ / 4 / / ..4. / I I / / A=58 92. R=25.00. .135.01.37" MATCH LINE (SEE SHEET 2 OF 3) REVISIONS 1,4 Mai kt, OWN Data )164/1/ c.a.& Mai Sada ASSHOWN Eleld Book ONEILE SHEET 3 OP 1 COCONUT GROVE PLAYHOUSE AROUITECTONICA SURVEY A0.3 EXSITING SITE CONDITION COCONUT GROVE PLAYHOUSE AROUITECTONICA 91101014..• 30VVVIrta EXISTING BUILDING PHOTOGRAPHS A0.4 / / / • 4'474' / P77.6747, 74166 Folio ZONING CLASSNICATION RIVIA FLOOD gONE LOT SIZE, SF oconot mom 717,710756 MO Mato Hvgv,vgn 141210050140 CF7iC lostgotIon, NC0-3 104.20., ASSUMPTION Existing TS Notes Required Provided LOT COVERAGE, Max, 80% SW T,5 Applicable 83,3613 SF 70.16g Si MAX. FLOOR LOT RATIO V.1,, N/A N/A T-5 Applgatge N/A FRONTAGE AT FRONT SETBACK, Mfrs & TO& 277 I 7.617 Ts6Applicable 169 LF 132 1 r OPEN SPACE, Lot Area Min, 96 10% ' L.L' APplicablo 10,021 SP 30.047 SF DENSITY N/A N/A I' .5 Applicable N/A HEIGHT, Max. n SLY 5 STV L 5 Applicable 5 5, 4 STY t60 FT! SER3PCKS PFIRICISAS FRONT Nam ,,syl ,ECONDARV FRONT (Chades St , ,Nflhools Ave 10 ft 6 7 IC & nyo 1,S Applicable 10 10 Abutting REAR/510E 105 5 75 105 '10V. of lot depth anulilon 11 5.25, 11.7, 16 47 & RFAII (Thomas Ave , Abgera) Alleys 0 ft N/A 0 tt ovn t 5 Aon,ganle PROGRAM PROVIDED BASE BID 100 Performance Spaces 6,205 200 Back of Pause Spaces 2,500 300 Front of HOU. & Public Spaces 3,455 400 Administrative Office 1,300 MEP/ Trash (gross orw) 2,370 Subtotal net sq feet 13,460 ADD ALTERNATE NO.1 500 Rehearsal Space / Bon & Related 2,623 Re0e1,,w1Sa0o1.21,3 (000,3 oetR 600 Subtotal net sq feet 1,625 ADD ALTERNATE NO. 2 600 Scene Shoo 5 Belated 4,345 >00 Costume Shop A Related 305 Subtotal net sq feet 0,130 Total net sq feet 21,235 Total grass sq feet 26,325 96 gross to net sq feet IDA RETAIL AREA Historic Building NeW Development Circulation PIAZA Total net sq feet TOtdi gross sq feet 10210 5,9. 3200 16,150 19,350 Exwevor fea wor,,tY 9,930 Exterwrog Wet ROW 1,750 Exterior w fete - totot 11,680 COCONUT Gnov6 PLAYHOUSE AROUITECTONICA SITE PLAN 1 -1 WILLIAM AVENUE DRESSES 2E0 or DEESE. SA),E REHEARSAL SPACE REHEARSAL LOBBY SPACE 2,000 SF 40' 50' M"" LOBBY MO SF RETAIL 1 F&B 2.030 SF FOB 5,940 SF 69 PARKING PAC St'' MAIO ADDRESS WW1 M1LA COCONUT GROVE PLAYHOUSE AROUITECTONICA 7R1';';;C)N1'1, GEO tv..„ GROUND LEVEL SGAU- A1.2 14' 10' 11'-8" 1• F 1 5'•3" -I 10' / t0000, l / r / / / . i / / / 9 PARKING PACES- / / ,< / / /, / / / / / UP / / DOWN ii \✓ / / / 5' GOOONUT DROVE PLAYHOUSE 5-1k3t1 SECOND LEVEL �.. SCALE 1/16'®1'0. REHEARSAL SPACE REHEARSAL SPACE LOBBY FLY TOWER THEATER F & B RESIDENTIAL GARAGE ENTRY CHARLES AVENUE FLY TOWER MAIN HIGHWAY REHEARSAL SPACE CHARLES MAIN AVENUE HIGHWAY F & B -- FRONT BUILDING RESIDENTIAL GARAGE ENTRY ELEVATION IN PROGRESS ELEVATION IN PROGRESS — — ADDRESS COCONUT GROVE PLAYHOUSE AROUITECTONICA MALEY-n...6 .58otaa Ite, 2017 on. 0$1,03.8 310 ELEVATIONS SCALE 1/1V.1,0° A2.1 ADDRESS COCONUT GROVE PLAYHOUSE SECTIONS SCALE 1hl6'=1.O A3.1 7 AERIAL VIEW A7.1 ,tea ADDRESS GROVE PUVIIOLISE Oka Rep....COMM AERIAL VIEW A7.2 COCONUT GROVE PLAYHOUSE • STREET VIEW A7.3 4 ..k-- USSR• "Qi`1. '1tl . _ on pn es, 30910 Moans 0000HUT GROVE PLAYHOUSE EXISTING AERIAL VIEW A7.4 9049 0 ADDRESS COCONUT GROVE PLAYHOUSE A 06 17 .0101116 EXISTING AERIAL VIEW A7.5 30030 ADDRESS 33333, 333 COCONUT GROVE FLATNOUSE —..— AROUITECTONICA 0 6 201 034303333.333033333163 0333330`030 EXISTING STREET VIEW A7.6 ounvEvo.$ MOTES. 1. MAP OF BOUNISAYSURVEY: Field Survey was completed on: February 19th, 2017, PARCEL I. Lots 1 and 2 of Engle Subdivision according to the Plat thereof. recorded in PARCEL Beginning at the intersection of the agreed Westerly li, of the NW f the F 1/4 a /4 0 or y Avenueline of Charles (for Street) according County. Florida: thence South 89 degrees 56 minutes 00 seconds East olong said right of way line for 150.76 feet to its intersec,on with the Northwesterly right of way line of Main Highwa, thence North 28 degrees 49 minutes 45 seconds East along sold right of way line for 83,04 feet to a point on the Southwesterly right , way line of a former 14,12 foot alley. lying Southwesterly of and odjacent to Lots 75 through 80 of the DeNedouville Homestead as recorded in Plat Book B ot Page 106, of the Public Records of Miami -Dade Public Records of Miami -Dade County. Florida: 11,11CP NOrth 45 degrees 01 minutes 30 seconds West along said right of way line of 12.59 feet to the most Southerly corner of Engle Subdivision, according to the Plot thereof recorded in Plat Book 64 al Page 431. of 45 seconds East along the Southerly boundary of the sold Engle Subdivision. being also the Northerly right of way line of Moin Highway for 2,65 feet to a point of curvature of o circular curve concave to the South and having a radius of 745 feet: thence Easterly olong said curve Inrougn a central angle of 0 degrees mrnutes 00 seconds for 3.68 feet to the center line of the aforementioned alley. thence North 45 degrees 01 minutes 30 seconds West along the center line of soid alley for 124 21 feet the intersection of said center line with Northwesterly boundary line of Tract B of said Engle Subdivision: trvence Soutr, 44 degrees 58 mrnutes 30 seconds West for 7.06 feet to a point on tne Southwesterly boundary of Lot 2 of said Engle Subdivision: iM1PriCe NOrth 45 degrees 01 minutes 30 seconds West along the said Southwesterly boundary of said Lot 2 for 101.05 feet to a point on the arc of o curve. hoving a radius of 25 feet and a central angle of minutes 00 seconds West from sold point; thence Southwesterly along said arc for 17,62 feet; thence South 89 degrees 39 minutes 20 seconds West for 5.20 feet; thence South olong the agreed Westerly boundary of the NW 1/4 of the 1/4 of Section 21, Township 54 South. Range 41 East for 235.78 feet to the POINT OF BEGINNING, lying and being in PARCEL III. The Eost 240 feet of the NOrth feet and the East 52.5 feet of Block 29. LESS me North nT feet of faow HOMESTEAD Taccording to the Plat thereof recorded in Also Described As PARCEL IV, That port of Lots 75, 76 and 77 DeHedouville's Subdivision according to the Plat thereof recorded in Plot Book B at Page 150 of the Public Records of kiliami-Dade County. Florid, described os follows: Beginning at the most Southerly corner of the oforesoid Lot 75; thence run Northeasterly along the Southeasterly boundary line of said Lot 75. 43,36 feet; thence run Northeasterly parallel to the Southwesterly boundary lines of the aforesaid Lots 75. 76 and 77 to a point in the Northwesterly boundary line of said Lot 77, thence Southwesterly to the Southwest corner of said Lot 77: thence olong Southwesterly line of said Lot 77. 76 ond 75, to the Point of Beginning. Less a portion of to Lots 75, 76 and 77 as ShOWn on Plot of DeHedouville's Subdivision as recorded in Plat of ENGLE SUBDIVISION according to the Plat thereof recorded in Plat Book 64 at Page 43 of the Public Records of Miami -Dade County, Florida. Being .e some land as conveyed by Official Record Boo, 9843, Page 896, a. Deed Boo, 1566. Page 190. and in Official Records Book 10909. at Poge 2755, as recorded in the Containfng 104,207 Square feet or 2 39 Acres, more or less, by calculation The above captioned property was surveyed hosed on the above Legol Description furnished by the client 3. SOURCES OF DATA AS TO YMCA]. CONROL: subjectBy scaled determinotion the EmergencY Mproperty anel Number 12o6s0, Map Na. 12086C04T6. Management L. Revised Date: 09-11m 2009 Community -Panel An accurate Zone determination should be mode by the preporer of .e mop, the Federol Emergency Monogement Agency, or the Locol Government Agency having jurisdiction over such matters prior to ony judgments being mode from the Zone as user The that "this fMCP s for insurance PurPases y derol Emergency Management Agency Mop states m the notes The vertical control element of this . survey as derived from the Notional Geodetic Vertical Dotum 192, (NG.VD.1929).City of Miami Benchmark City of Eler_ 16s�(Ad; ed to NOVH) Location Ma,, H,hgway BOUNDARY SURVEY of 3498-3500 MAIN HIGHWAY, MIAMI, MIAMI-DADE COUNTY, FLORIDA 33133 for MIAMI-DADE COUNTY DEPARTMENT OF CULTURAL AFFAIRS 5 Z106 ]6 LOCATION SKETCH NOT TO SCALE a AS TO HORIZONTAL CONTROL NOrth Arrow and Bearings refer to on assumed value of S01•57'31'E along the Westerly line of the Subject Property. base on the State Pla, Coordinates, Florida. Sold line is considered well established and monumented. - Plat of ENGLE SUBDIVISION. Plat Book 64. Page 43. kiliami-Dade County. Florida, - Plat of DENEDOUVILLE SUBDIVISION, Plat Book B. Page 150, Miami -Dade County, Florida. - Plat of FROW HOMESTEAD, Plat Book B, Page 106. Miami -Dade County. Florida. - City of Miami Atlas Sheet 46L and 46K, Miami -Dade County, Florida. -The following coordinate values are based on the North American Datum (NAD) 1983/I990 odjustment for the Stote Plone Coordinote System of the florido Eosi Zone. Monument Elevation: 11 61(NCVD Identification: 29)LONSGNorthing, 520051,230 feet cation: DIAZ 06Monument N(NCVD29) Northing: 510067,533 feet fasting: 909810.516 feet Located Southwest of the intersection of 5. 130,1101, Drive a. SW 22. Avenue Concrete monument with o Metro Dade CPS Control point bross disk ond is stomped 0. ACCURACY: 5. 11MRATIONS: the Client is hereby adVised that there may be legal restrictions on the Subject Property that are not shown on the Survey Mop or contained within this Report that may be found rn tne Pun., Records of Warm -Dade County, or trve records of any olner CinCI private entities as their jurisdictions may appear. The Surveyor makes no representation as to ownership or possession of the Subject Property by any entity or individual who may oppeor in public records. No excavotion or determinotion was mode as to how the Subject Property is served by utilities No improvements were located, other than those shown. No notice rs regurred by tne "Standards of Practice for La. Surveying in tne Stote of Florida.' pursuant to Pule 5.1-17 of the Florida Administrative Code Notice is hereby given that Sunshine State 0, Call of Florida, Inc„ must be contacted at 1,00-432-4770 at least 48 hOUr5 in advance of any construction, excavation or demolition octivity within. upon. abutting or adjacent to the Subject Properly. This Notice is given in compliance with the "Underground Facility Damoge Prevention ond Safety Act.' pursuont to Chapter 556101-111 of the Florida Statutes. CER1FVT0: SURVEYORS C.N111ICA1E and correct to tne best of my knowledge and belief as recently surveyed under my direction. Further. there ore no above ground encroachments unless shown. This survey meets the standards of practice set forth by the Florida Board of Professional Surveyors a. Mappers. In Chapter Florida Administrative Code. pursuant to section 472.027 recorded instruments. if any. affecting the property Location and identification of utilities adjacent to the property were not secured as such information was not requested, Ownership is subject to °Pinion of title J. Bonhll & Apodate%, Inc. Cegoe W ANhuhebn Number is 3 58 Ergo.. Joseph OWIhgsNrillr PA.M. Rohetionel 9uN0yOr and Mapper NurOor NO. LS2097 Mee >Raids NOTE: Not valid without the signature and original raised seal of a Florida Licensed Surveyor a. Mapper. Additions or deletions to Survey Maps by other than the signing REVISIONS BY Pap 10016 ITJbM Des 2-194011 Rev. SCA Mao. SCEL. STAG AS SHOWN Pleld Book FMB COCONUT GROVE PLAYHOUSE AROUITECTONICA SURVEY A0.1 A GRAPHIC SCALE TREE LEGEND SCALE = SO. 0,0. CANNON NAME * K.EhEA* PE,s2R4157-z:- t"! LEGEND ,„„y„.„, 00 00 Ela+ Line9 519,, Can °P: BOUNDARY SURVEY of 3498-3500 MAIN HIGHWAY, MIAMI, MIAMI-DADE COUNTY, FLORIDA 33133 for MIAMI-DADE COUNTY DEPARTMENT OF CULTURAL AFFAIRS 48 7 (B.450) 47 7 _L46 ; WILLMM -AVENIM -6=18.53. tz R=25.00' ASPHALT PA.MENT 8=4277,11 VC •.$ INB54S7t R W 144 40 L.4 EA0 ANO IDA t 8 2. a FA MO 101 P/L 87.50 No a FC'11 [11 2 MATCH LINE / (SEE SHEET 3 OF.31 ,77 8=21.28' 844W4406" _ 0 ZONED STREET L. ,. REVISIONS Proj: 14-0433 Joh 17-0039 Data 2-19-2017 Drawl EC73. Sada AS SHOWN PleldBoalc ONEILE SHEET OP 1 COCONUT GROVE PLAYHOUSE ,IVALAALAWAP,APP65 DLL AAELIFA SURVEY A0.2 GRAPHIC SCALE SCALE = TREE LEGEND SYMBOL p.m rukc ° 'E:s7ffsitETEL ABBREVIATIONS 'I"Z.:FIL`r o.o. BOUNDARY SURVEY of 3498-3500 MAIN HIGHWAY, MIAMI, MIAMI-DADE COUNTY, FLORIDA 33133 for MIAMI-DADE COUNTY DEPARTMENT OF CULTURAL AFFAIRS / , \ / 4 / / ..4. / I I / / A=58 92. R=25.00. .135.01.37" MATCH LINE (SEE SHEET 2 OF 3) REVISIONS 1,4 Mai kt, OWN Data )164/1/ c.a.& Mai Sada ASSHOWN Eleld Book ONEILE SHEET 3 OP 1 COCONUT GROVE PLAYHOUSE AROUITECTONICA SURVEY A0.3 Order Client Ref # Order # Lowell Kuvin Playhouse Experts TC0427419774 How did we do? ***1::z* If you rate this transcript 3 or below, this agent will not work on your future orders Need Help? mailto:support@rev.com Get this transcript with table formatting Rich: Good afternoon, Mr. Chairman and members of the board. My name is Rich Heisenbottle, for the record. My office is at 2199 Ponce De Leon Blvd. In Coral Gables. And today, I stand before you along with experts in the field of historic preservation, a gentleman named, Steven Avdakov, AIA. Graduated Columbia university with his masters in historic preservation, and a national historic preservation practice. Rick Gonzalez, AIA from Palm Beach, an award -winning preservation architect, past president of the Florida Trust and vice chairman of the Florida Historical Commission. And we tend to challenge the counties position, and the methodology with which it was purposed. I would ask Steven through the course of this to go ahead and pass out some existing condition photographs for all of you. Today our community is at a crossroads, representatives of Miami Dade County, after three years of what we would call in the preservation world ... Speaker 2: I'm sorry. Be sure we get that in the record, the exhibit and please give a copy to the county. Alright, go ahead. Rich: Let me start again. Today our community is at a crossroads, representatives of Miami Dade County, after three years of what we would call in the preservation world, Demolition by neglect, are now requesting a certificate of appropriateness for demolition, for what I call demolition for convenience. Together, as expert witnesses, we intend to challenge the counties request for COA for demolition to provide you with some professional testimony, evidence and guidance as to how one should proceed. I said neglect, because in the three years that Miami Dade County has had the property, least they have not lifted more than one finger to protect it, clean it, just take out the general garbage. I said convenience, because the county does not have an operator or the funding necessary to truly restore a building of this size and to reuse the Playhouse in its original size or configuration. Therefore, for their convenience, they purpose a very vastly smaller 300 seat theater under the guise of restoring only the front portions of the original building, only the front facade to be truthful. They do so with an inadequate COA submission. Only a master plan has been submitted, a document that does not nearly detail what this board is used to seeing as part of its regular process for demolition of major public buildings. Any private sector applicant would be required to submit much more than this in the way of documentation. But the board can not concern itself with what if convenient for the county. When it comes to one of its most prized historical buildings, it has a responsibility to do what is right for the historical property under the guidelines of the secretary of the interior standards. The historical Coconut Grove Playhouse was designed by one of the most renowned architectural firms of the day, Kiehnel and Elliot, we all know that. From its humble beginnings as the Paramount Theater, it went on to Audio Recording Hearing April 4, 2107 Part IV Experts Page 2 of 8 become the regional premiere center for dramatic theater, and serve the community for five decades. Clearly, the Playhouse meets the local and national register designation criteria, having historical, cultural, aesthetic and architectural heritage of the state and nation, in spite of the many renovations and neglect it still posses ... young man ... your spoiling my act. Still it posses the integrity of design, setting, materials, workmanship, feeling and association. In my professional opinion, this building also meets the criteria of three, four, five, six, and seven of your chapter 23 historic preservation code. Unfortunately, in our professional opinions, you are working with a very flawed local historic designation report. A report that totally ignores the Playhouse interior. In fact, the Playhouse interior is not included in the local designation report at all, and it is not adequately, I should say, included in Mr. Hernandez's historic structure report. In my professional opinion, both documents are flawed. The interior should have been included, per the criteria of chapter 23-4, the same criteria that staff uses to tell you that you have no responsibility for the interior. Let's read that for one second. Interior spaces that have exceptional architectural artistic or historic importance, and are customarily open to the public, may be subject to regulations under this chapter. The designation report shall describe precisely those features subject to review, and set forth standards and guidelines for such regulations. Interior spaces not so described shall not be subject to review under this chapter, well that is where staff is coming from. I was given access to the Playhouse by Miami Dade County, in January of this year, to access and assess the interior of the Playhouse along with representatives of Coconut Grove Playhouse Foundation. As I suspected, the result of the site investigation revealed, in spite of prior renovations, the damage from years of neglect, a significant amount of original historic fabric is still in place, and is in very restorable condition. The historic fabric lies primarily within the main auditorium. The attached photographs, the ones that Steven passed out to you earlier, document my January 20th observations. In my opinion, there is enough historic fabric remaining to justify with that there is exceptional architectural artistic and historic value, and to justify designation of the theater's interior. It has not, as Mr. Hernandez suggest in his report, then quote "erased." It is merely been covered up by layers of insensitive renovations or painted black. The main auditorium is easily restorable, and the attached ... When its amazing presentative arch, twisted columns, crowned moldings, lower leaf detail are restored rather than replace with a new modern theater, the legacy of the Coconut Grove Playhouse, the heart and soul of Coconut Grove, can continue. Not as a new theater with an old facade, but as a restorative historic theater continuing its legacy of excellence. Once again, despite the many insensitive renovations and neglect, the main auditorium meets the interior designation criteria to a tee. Rather than accepting staffs Audio Recording Hearing April 4, 2107 Part IV Experts Page 3 of 8 Steven: recommendation for approval of this COA and the notion that the board has no authority over this Playhouse interior because of a flawed designation report. The HPV has the responsibility to direct staff, to amend the flawed and inadequate historic designation report, to include the auditorium interior and to deny the current COA application, until such time as a proper and complete COA application package has been submitted. And until the applicant has received permits on their proposal from the state historic preservation office, as will ultimately be required under state law, chapter 267. To date, the stages of our preservation office have not even been consulted, and it is a state on building. If allowed to proceed, the only thing that will remain under this master plan is the front section of the building and the front fagade which would be restored. In my view, it would be a tragic result for this Kiehnal and Elliot masterpiece, since the original auditorium, with its elaborate plaster work exists, although much obscured by plywood ceiling panels added in the 1950s. The counties justification for this calls it "restoration." And by claiming, through a report prepared by Mr. Hernandez that the original Kiehnal detail has been eradicated. This is simply not the case. Yes, much of the detail has been lost, but the primary elements of detail, that wonderful prestinian arch that your staring at in the front of the photographs right now, is right there and it is artistic as it is today, as it was when this theater was built. Because of what I considered a flawed and completely inadequate designation report, that makes no reference to this elaborate prestinian arch, or other interior elements, the local board is being told that there is no jurisdiction. Correct this oversight. You have the authority, and direct staff today to rewrite the report, to include those elements of the existing building on the interior of the auditorium itself, that have the architectural significance called for in chapter 23. And go further. Reject the COA application that is before you today, until they come back with the proper application. There are literally thousands of successfully restored historic theaters throughout the country, from Broadway to Main Street, and the Coconut Grove Playhouse should certainly be one of them. Steven. Thank you Rich. Good evening actually board members. Steven Avdakov, Principal Heritage for Architectural Associates. With 4770 Baltic Road, Miami Beach. Thank you very much for the opportunity to speak today, regarding the current application for the Certificate of Appropriateness for the master plan of the Coconut Grove Playhouse. Just some background, some professional qualifications. I am a preservation architect with over 27 years of professional restored architectural experience. For which I have had my own firm for the past 19 years. We practice exclusively within the realm of historic preservation. I have a Masters of Science degree in historic preservation from Columbia University. I am a registered protecting the state of Florida and four other states. My experience meets federal professional qualification standards, 36 CFR, 61 for historic architecture. During the course of my career, I have evaluated over 725 properties regarding historic significance, eligibility for national restoration for historic places, and local designation. In my expert opinion, there is no question that this building and its interior space, as Mr. Heisenbottle indicated, passes that threshold in terms of significance here. So I am Audio Recording Hearing April 4, 2107 Part IV Experts Page 4 of 8 basically going to summarize here my take on the criteria. Explain how I feel in my expert opinion that the design fails to adhere to the standards of the COA. And as Mr. Heisenbottle indicated, the building is eligible for listing in the National Register of Historic Preservation and there are certain things that adhere to that in terms of process, the fact that its owned by a state building. So in terms of the criteria, we're looking at just a summary of what we have so far, a new ordinance criteria 3, the building exemplifies the historic, cultural, political, economic and social transit community. We need to talk about why this building is important, because of the history of the building, it reflects the hay day of the Coconut Grove Theater in the 1920s. Its evolution overtime. Its flamboyant broke styling. All these things contribute to the historical cultural association of this building, and in the community. The embodiment of the architectural style is identified as criteria #5. Significantly, the Mediterranean vibrant style is evident on the exterior of the facade, but as Mr. Heisenbottle indicated, very significantly in the interior, the building has evolved over time, but many elements are evident as you can see from the photographs there. Criteria #6, the building is outstanding work of prominent designer. Our builders we have two of South Florida's most prominent architectural firms, Kiehnal and Elliot, as well as Alfred Browning Parker involved in this project, so they are master architects. Now the building has evolved over time, but essential surviving characteristics are inherently and embodied in the building. So with specific regard to the Certificate of Appropriateness, and how this submission fails for our expert opinion. In terms of its cultural and historic significance, the significance is for the entire building, not just certain components of that building. It would really be impossible to convey the cultural and historic significance of this building, what it means to the community, by talking only about the front portion of the building. The auditorium is the main portion of the theater, not the front building. The front building is not even part of the theater operation that has retail offices and apartments. The auditorium is the heart of the building. Significantly I think that, as I have indicated, the building is eligible for listing in the National Register of Historic Places. Of the 18 theaters in Florida that are listed in the National Register of Historic Places, 17 of those have detailed descriptions of the interior, including the Olympic Theater here in downtown Miami. So in this auditorium space, the significant fabric remains, components have been modified, but clearly from Rich's talk imitation, from his site visit in January, those physical features remain in accordance with the National Register bulletin, have applied the National criteria for evaluation regarding integrity of property and visibility of physical features. The building, the features are concealed, the visual integrity is adversely impacted. However, there are procedures if the finishes and the mechanical equip and so forth that conceal those elements are removed, those historic features are therefore visible and they could certainly be considered contributing and significant to the integrity of the property. So clearly the documentation Mr. Heisenbottle obtained confirms the existence of this fabric, the significance of it, its integrity and can certainly be made visible and restored. Audio Recording Hearing April 4, 2107 Part IV Experts Page 5 of 8 So clearly the historic fabric is restorable and the interior of the auditorium should be contributing, because of this, the interior features need to be incorporated into the designation ordinance. Rich mentioned the ordinance states interior spaces that have exceptional architectural artistic or historic importance and that are greatly open to the public, may be subject to regulation under this chapter. The designation report shall describe precisely those features, subject to review, and shall set forth standards and guidelines for such regulations. Interior spaces not so described, should not be subject to review under this chapter. So clearly, the city's ordinance has provisions for the designation of the significant historic architectural interiors. Does the Coconut Grove Playhouse interior meet this criteria? In all of our expert historic preservation opinions, it unquestionably does. So to accommodate this significance, the adjustment of the designation for the Coconut Grove Playhouse needs to occur. The ordinance of course has a provision for that. You can site chapter 23, section 23-4 C8 amendments. The board may amend any designation by following the same procedures as set forth in this section. The board may likewise, resend any designation if the structure or feature of principal historic significance has been demolished or destroyed. So, one way or another, this building ordinance is going to get modified. It's our recommendation that, it's our emphatic recommendation, that the designation be amended to include the fabric that's there. The significant historic architectural interior, that is invocative of the era. Building evolve over time, but there is certainly significant architectural fabric and documentation from this interior that needs to be thoughtfully undertaken. So there is the National Register eligibility, the building is owned by the state, there is a Florida Masters cite that indicates that this whole building, and not just components are eligible for the National Register. So there is this state procedure, chapter 267, which will be necessarily followed down the road, which is going to review this building for the criteria of the Secretary of the Interior Standards for rehabilitation. Uncertainly, the city of Miami ordinance would have the guidelines here that were confirming this in accordance with. To conclude, everything comes back to this. The entire building, including its interior, and not just components, has historic architectural significance that must be considered with regard to any undertaking. Clearly, there is significant physical evidence and building fabric so it sits, it warrants further development and updating of the city of Miami designation report for this building. The interior features need to be incorporated into this report, and the designation report can and should be updated to reflect all of the historic features. That historic theater possess architectural significance in the interior and auditorium is typical. Once again, 17 of the 18 National Register listed theaters in this state, have interiors that are identified as being significant in their corresponding nominations. The Coconut Grove Playhouse has been determined to be eligible for the National Register. Clearly, the documentation and evidence presented to the board demands that the board uphold its responsibility and undertake the due diligence that this significant historic architectural resort warrants. So, take a step back, update the designation report and recognize the Coconut Grove Playhouse for what it truly is, a Audio Recording Hearing April 4, 2107 Part IV Experts Page 6 of 8 complete architectural expression, interior and exterior. And not just desecrate components of the building environment that has cultural significance, embodies architectural style, and is outstanding work of a prominent designer. The existing design, when considering this significance of the entire building as presented above, has an adverse effect upon this historic resource. And consequently, the COA should absolutely not be issued at this time. Thank you very much for your time and consideration. Speaker 2: Do we have anyone else offering expert testimony? Rich: Yes. Speaker 2: Okay, please limit your remarks to five minutes. Rick: Yes, Mr. Chairman. And thank you for the opportunity to be here. My name is Rick Gonzalez, I am the President of REG Architects, 300 Clamata St., West Palm Beach, Florida. I am also the vice chairman of the Florida Historical Commission. And I am the architect that does the National Register Review at the committee level, before it goes up to Washington D.C. Which means I get to look at all the buildings before they go up to D.C. Speaker 2: Did you give your address? Rick: My address is 300 Clamata St. in West Palm Beach. Without repeating what Richard and Steven have said so well about the project, with which, of course, I agree with 100%, I will point out some additional things. The first one, in regards to my hat as a Florida Historical Commission member, is that a building that is owned by the state of Florida, this building is not owned by Miami Dade County. It's leased by Miami Dade County and FIU, needs to go through chapter 267 of state's statutes, which it will be reviewed or the impact, especially when your asking to demolish a building of historic significance, that is owned by the state of Florida. That has not been done. We spoke to the SHPO today, the State Historic Preservation Officer, and the assistant SHPO, they had no idea that this is going on today, so just as a matter of fact. Second, the building is eligible for National Register. There is already a case open, as been described beforehand, that the building has been deemed eligible for that from the Parker period. Will the new photographs that Richard has now discovered in his investigation, I think that, as the expert of the state level, and many more that work with me in this condition, it could go back to the significant period of 1927. There are many things that can be changed here quite quickly, that could bring this building back to its original consideration. We did the 1916 Palm Beach County Courthouse that had four courtrooms within the interiors of the original courtroom. We took those four courtrooms back, we have the interiors back. It's this project is a lot easier to put back together than that was. Postpone the local demolition request. Allow us to go ahead and get the review from Historic Resources Division of the state of Florida, and allow us to have a better application in place in terms of the designation report that was done incorrectly in the past. Audio Recording Hearing April 4, 2107 Part IV Experts Page 7 of 8 On my second hat, and to conclude, as the former President of the Florida Trust of Historic Preservation. I hate to say this tonight, but I am going to say it, your building, this building is listed on our list that is going to be published in May of this year at our annual conference on our most endangered list of 11. So I am letting it out of the bag, because that is how important we think at the level in the state of Florida. Mrs. Lewis is on our board and she understands that this is a building of significance that we've studied carefully, to make sure that it is one of the 11 most endangered structures that need to be preserved in the state of Florida for the use of everybody in our state. Thank you very much. How did we do? If you rate this transcript 3 or below, this agent will not work on your future orders Audio Recording Hearing April 4, 2107 Part IV Experts Page 8 of 8 HEISENBOTTLE A R C H I T E C T S ,..ekt vel, r7 ) 0 6:reiyirrtiJ r/((iirn/ • irli.i/alitir Career Highlights: RIHA Richard J. Heisenbottle, FAIA PRESIDENT R.J. Heisenbottle Architects, PA 2199 Ponce de Leon Blvd., Suite 400 Coral Gables, Florida 33134 U.S.A. Tel: 305-446-7799 Fax: 305-446-9275 E-mail: richard@rjha.net Richard J. Heisenbottle, FAIA is the founding Principal and President of R.J. Heisenbottle Architects, PA located in Coral Gables, Florida with over 40 years of experience in all aspects of architecture, planning and interior design with a specialty in historic preservation. His background focuses on numerous large scale projects with emphasis on governmental, education and theater facilities both in Miami and New York. In 1987, he formed his own firm and has been responsible for numerous award -winning projects throughout the southeastern United States. He is a registered architect in 4 states. He was accorded the Silver Medal for Design from the AIA Miami in 2003. He was elected to the AIA College of Fellows in February 2005. Today, Mr. Heisenbottle's firm is well known in the State of Florida for the restoration of some of the area's oldest and most prestigious landmarks including the Vizcaya Museum and Gardens, Gusman Center for the Performing Arts, The Colony Theater, the Freedom Tower and the Miami Edison Middle School. He has served as President of AIA Miami and Dade Heritage Trust the area's largest historic preservation organization. He also served as a member of the City of Miami's Historic Preservation Board for over 10 years. As an alumnus of the University of Miami, he remains active in the School of Architecture serving on the Board of Advisors for the School's Masters in Real Estate Development + Urbanism program. Mr. Heisenbottle's projects have been widely publicized in Architectural Record, the Wall Street Journal, the Miami Herald, Florida Caribbean Architect and Preservation Today Magazine. He has received numerous awards for Excellence in Architecture the Florida Association of the American Institute of Architects, the Miami Chapter of the American Institute of Architects. In 1998 he won a National Preservation Award from the National Trust for Historic Preservation. He has also been the recipient of numerous Outstanding Preservation Project Awards from the Florida Trust for Historic Preservation. He has served as President of AIA Miami and Dade Heritage Trust the area's largest historic preservation organization. He also served as a member of the City of Miami's Historic Preservation Board for 10 years and the Coral Gables Historic Preservation Board for 2 years. Educational Background: Professional Registrations: BS in Architectural Technology, New York Institute of Technology, 1974 BA in Architecture, University of Miami, 1984 NCARB; Registered Architect in Florida, New York, Alabama, Pennsylvania Registered Architect, Florida AR001 513 Registered Architect, New York 0141230-1 Registered Architect, Pennsylvania RA404372 Registered Architect, Alabama CA-0732 Richard J. Heisenbottle, FAIA, Page 2 Affiliations: University of Miami School of Architecture Masters in Real Estate Development + Urbanism Advisory Board, 2015 American Institute of Architects Fellow, 2005 Dade Heritage Trust - Vice President, 2000-2003; President 2004-2006 National Trust for Historic Preservation - Member League of Historic American Theaters - Member City of Miami Historic and Environmental Preservation Board, 1989-1999 City of Coral Gables Historic Preservation Board, 2010-2012 Spillis Candela & Partners, DMJM - Vice President, 1979-1987 Selected Project Publications: Wall Street Journal "Historic Florida Hotel Sits on Death Row" Commercial Real Estate Kris Hudson 1 October 9, 2012 Professional Activities: Blueprint Directory Architecture + Design + Real Estate "Discovering the Lost Colony" Reggie Ruddock, June/August 2006 pp 46-51 Stage Directions Magazine - Annual Historic Theatre Issue "Gusman Center for the Performing Arts", July 2003 "Reinvigorating Our Schools" American Institute of Architects, 1998. p. 10. Florida A-E-C; Construction Market Data A-E-C Interview "Richard Heisenbottle of R. J. Heisenbottle Architects" October 1998. pp.17-19. Construction Market Data - Profiles "R. J. Heisenbottle, PA, Rebuilding Yesterday for Tomorrow" Kaye, Nancy. 7 September 1993. pp.1-4. Preservation Today "New Freedom for the Tower: Saving Miami's Historic Skyline" Thompson -Stewart, Louise. 1990. pp. 7-9. Architectural Record "Southern Traditions" Pearson, Clifford A. March 1990. pp 66-75. Florida Trust 2015 Annual Statewide Conference "Sustainable Adaptive Use of Historic Buildings: Case Studies of Successful Adaptive Uses of Historic Places into Modern Spaces" AIA 2010 National Convention Speaker "A Sense of Place in City Design" Florida Trust for Historic Preservation Award Juror 2002, 2009 & 2010 AIA Miami 2010 Design & Technology Seminar Speaker "Historic Preservation Basics" 11TH National Conference on Planning History Society for American City and Regional Planning History Coral Gables, FL 1 October - 2005 Richard J. Heisenbottle, FAIA, Page 3 Professional Activities: AIA Orlando AIA Awards Juror - 2004, 2013 League of Historic American Theatres - Conference Leader Miami, FL I July - 2003 League of Historic American Theatres -Conference Chairman New York, NY I July - 2002 "Planning and Process in Historic Preservation" Workshop/Presentation League of Historic American Theater's 25th Anniversary Conference July - 2001 "One United Band" Film documentary in conjunction with Public Television Channel, WLRN January - 2000 AIA Miami Awards Jury Chairman - 1990 p HEISENBOTTLE K gigeso---> A R C H I T E C T S rri rfJJrrJrrrr AWARDS RJHA 2015 Best Businesses of Coral Gables Award, Architects Category 2015 AIA Miami People's Choice Awards, Glenn H. Curtiss Mansion 2015 City of Coral Gables Chamber of Commerce City Beautiful Award, University of Miami Historic Administration Building Restoration 2015 Florida Trust for Historic Preservation Award, Outstanding Achievement in Restoration/Rehabilitation Glenn H. Curtiss Mansion Restoration 2015 George E. Merrick Award of Excellence Distinguished Honoree 2014 AIA Miami, Merit Award of Excellence in Renovation/Restoration, Trinity Episcopal Cathedral Restoration 2014 Associated Builders and Contractors, Inc. Excellence in Construction Award, Trinity Episcopal Cathedral Restoration 2014 Coral Gables Chamber of Commerce George E. Merrick Award of Excellence 2014 Miami -Dade County Historic Preservation Board Exceptional Professional Dedication to Historic Preservation 2014 AIA Florida, Honor Award of Excellence for Historic Preservation, Trinity Episcopal Cathedral Restoration 2014 AIA Florida, Honor Award of Excellence for Historic Preservation University of Miami Historic Administration Building Restoration 2014 AIA Florida, Merit Award of Excellence Historic Preservation, Vizcaya Museum and Gardens' East and West Gate Lodges Restoration 2014 Florida Trust for Historic Preservation Award, Outstanding Achievement, Trinity Episcopal Cathedral Restoration 2014 Florida Trust for Historic Preservation Award, Outstanding Achievement, University of Miami Historic Administration Building Restoration 2014 Florida Trust for Historic Preservation Award, Outstanding Achievement, Vanderbilt Mansion Restoration 2014 Florida Trust for Historic Preservation Award, Honorable Mention in the Field of Urban Infill Design, Cook House Reconstruction Project at the Audubon House and Tropical Garden 2014 Dade Heritage Trust Preservation Award, Trinity Episcopal Cathedral Restoration 2014 Dade Heritage Trust Preservation Award, University of Miami Historic Administration Building Restoration 2014 Dade Heritage Trust Preservation Award, Vanderbilt Mansion Restoration 1 I Page 2014 George E. Merrick Award of Excellence Distinguished Honoree 2012 Florida Trust for Historic Preservation, Statewide Preservation Award, Vizcaya Museum and Gardens' East and West Gate Lodges Restoration 2012 Florida Trust for Historic Preservation, Statewide Preservation Award, Villa Serena Restoration 2012 Dade Heritage Trust 2012, Vizcaya Museum and Gardens' East and West Gate Lodges Restoration 2012 Dade Heritage Trust 2012, Villa Serena Restoration 2010 Florida Trust for Historic Preservation, Outstanding Achievement Greynolds Boathouse Restoration 2010 Florida Trust for Historic Preservation, Outstanding Achievement Pinecrest Gardens Entrance Building Restoration 2010 University of Miami School of Architecture Faculty Distinction for Alumni Service 2008 Martin Luther King Spirit of Excellence Award 2007 AIA Florida, Merit Award of Excellence - Colony Theater Restoration 2007 Florida Trust for Historic Preservation Award - Temple Court Apartments 2007 Florida Trust for Historic Preservation Award - Colony Theater - Adaptive Re -use 2007 Miami Design Preservation League - Barbara Capitan Award -Colony Theater Restoration 2006 Dade Heritage Trust Outstanding Preservation Project Award - The Colony Theater 2006 Dade Heritage Trust Outstanding Renovation of an Historic Site - Temple Court Apartments 2005 AIA Miami Award Finalist - Lou Rawls Center for the Performing Arts 2004 Florida Trust for Historic Preservation Award - City of Miami City Hall 2003 AIA Miami Chapter - Silver Medal Award for Design 2003 Bienal Miami+Beach Certificate of Award - Gusman Center for the Performing Arts 2003 AIA Florida, Merit Award of Excellence - Gusman Center for the Performing Arts 2003 Florida Trust for Historic Preservation, Florida Preservation Award - Gusman Center for the Performing Arts 2003 Dade Heritage Trust, Outstanding Contribution to Historic Preservation - Pan American Airways Terminal - Miami City Hall 2003 AIA Miami, Award of Excellence for Design - Gusman Center for the Performing Arts 2003 AIA Miami, Award of Merit for Design - Pan American World Airways Terminal -Miami City Hall 2001 Florida Trust for Historic Preservation, Outstanding Achievement in the Field of Preservation Education/Media - "One United Band" the Story of Miami Edison Middle School 1999 Dade Heritage Trust, Outstanding Preservation Project - Gusman Center for the Performing Arts 1999 AIA-Miami Chapter, Historic Preservation Award - Richard J. Heisenbottle, AIA 1998 AIA-Miami Chapter, Award of Excellence -Kings Point Theater for the Performing Arts 1998 AIA-Miami Chapter, Award for Best Renovation Project -Miami Edison Middle School 2IPage 1998 National Trust for Historic Preservation Award, National Preservation Award - Miami Edison Middle School 1997 Florida Trust for Historic Preservation, Non-residential Rehabilitation Outstanding Achievement - Miami Edison Middle School 1996 AIA-Fort Lauderdale Chapter, Honorable Mention - Kings Point Theater for the Performing Arts 1994 AIA-Miami Chapter, Award of Merit (Unbuilt Category) - Miami Edison Middle School 1992 AIA-Miami Chapter, Award of Excellence (Unbuilt Category) - The Coliseum 1992 AIA-Miami Chapter, Award of Merit for Design - Freedom Tower 1990 AIA Florida, Award for Excellence in Architecture - (Built Category) - Freedom Tower 1990 Commercial Renovator Magazine, Commercial Renovator of the Year - Freedom Tower 1989 Florida Trust for Historic Preservation, Outstanding Preservation Project - Freedom Tower 1989 AIA-Miami Chapter, Award of Merit for Design - Freedom Tower 3IPage OFFICIAL FILE COPY CLERK OF THE BOARD OF COUNTY COM MI$SIOVER$ Ml M1-DADE COUNTY, FLORIDA MEMORANDUM Amended Agenda Item No. 8(C)(1) TO: Honorable Chairwoman Rebeca Sosa DATE: October 1, 2013 and Members, Board of County Commissioners FROM: R. A. Cuevas, Jr. County Attorney SUBJECT: Resolution approving (1) the updated Lease between the State of Florida and Co -Lessees, Miami -Dade County and Florida International University of the Coconut Grove Playhouse, 3500 Main Highway, Coconut Grove, FL 33133 and (2) the Agreement between the County and FIU Resolution No. R-797-13 The accompanying resolution was prepared by the Department of Cultural Affairs and placed on the agenda at the request of Prime Sponsor Commissioner Xavier L. Suarez and Co -Sponsor Commissioner Sally A. Heyman. RAC/smm R. A. Cu -S . s, Jr. County Attorney 1 Date: October 1, 2013 MIAM14Ai E Memorandum c To: Honorable Chairwoman Rebeca. Sosa and Members, Board. of Carty Commissioners From: Carlos A. Gimenez Mayor Subject: Coconut Grove Playhousepproval of the Updated Lease with the State of Florida and Approval of an Agreement with Florida International University Recommendation It is reconended that the Board approve (1) the updated Lease between the State of Florida (State) and co -lessees, Miami -Dade Comity (County) and Florida International University (FIL) find (2) the Agreement between. the. County and FIU, in substantially the form attached. Pursuant to the State's solicitation instructions, the Lease will not become fully effective until there has been satisfactory resolution of the encumbrances affecting the title of the Coconut Grove Playhouse property. Similarly, the Agreement with FIU will not activate until such time as well FIL7's Board of Trustees already has approved delegation of authority to execute the Lease and the Agreement. _ Scope The Coconut Grove Playhouse is located in District 7 but the impact of re-establishing a regional theater is countywide. Fiscal Impact/Funding Source Any funding that may be required to satisfy State or other prerequisites for the execution of the Lease and the Agreement must first be reviewed and approved by the Board. The Background section of this Memorandum provides an update on these financial issues. Funding for the eventual capital project to re-establish regional theater on the Coconut Grove Playhouse site comes from two sources: 1) $15 million from project number 299 of the Building Better Communities -General Obligation Bond (BBC -GOB) program.; and 2) $5 million from Series 2005 of Convention Development Tax (CDT) bond proceeds. Delegation of Author its Authority for executing the Lease and the Agreement resides with the Mayor or his designee; authority for exercising all provisions contained in the Lease and the Agreement and applicable to Miami -Dade Co ,mty is delegated to the Department of Cultural. Affairs' Director. Track Record'Monitar The State and FIU have track records for working cooperatively and successfully with Miami - Dade County on a variety of issues and projects that benefit the public. Michael Spring, Director of the Miami -Dade Department of Cultural Affairs, is responsible for implementing the County's rights and responsibilities under the Lease and the Agreement. Honorable Chairwoman Rebeca Sosa and Members, Board of County Commissioners Page No. 2 Background - On July 16, 2013 the Board approved Resolution R 621-13, approving a Lease between the State of Florida and co -lessees, Miami -Dade County and Florida International University, for the Coconut Grove Playhouse property. We noted in the Board agenda item that the Lease remained under review by the State. The Board's approval of the Lease was a prerequisite for the Florida Cabinet to consider the proposal jointly submitted by FITS' and the County for the Coconut Grove Playhouse. On August 20, 2013, the Florida Cabinet met in lVfiarth and approved the Business Plan submitted by the County end FIU and delegated authority to the State's Department of Fnvironrnental Protection (DEP) to finalize the Coconut Grove Playhouse Lease, Attached to this agenda item is the updated Lease incorporating subsequent revisions that have been negotiated between the State and the County and FRT. Exhibit B to the Lease is the updated Business Plan, ineorpording revisions requested by the State and recommended by the County and FM. In addition, the July 16, 2013, Board item indicated that a separate agreement between FIU and the County would be developed in tandem with the Lease in order to codify the rights and responsibilities of FIU and the County in more detail in regard to the property, its operation and programming. This County- 1U Agreement also is attachedto this agenda item and recommended for approval. It is important to emphasize that pursuant to requirements of the State's surplus property process, the County and FHU must approve and execute the Lease by October 15, 2013. Additionally, to ensure clarity and establish the terms of the working relationship between the County and FIU, it is essential to approve and execute the County-FIU Agreement in tandem with the Lease_ It must be noted that the State requires that any encumbrances affecting the property's title must be resolved within three months ofthe execution of the Lease, wraith is by January 15, 2014, assuming the Lease is executed on the deadline of October 15, 2013. At this time, the State has not agreed to provide us with additional time to resolve the encumbrances. (The prior July 16, 2013, Memorandum to this Board suggested that the State had been considering allowing additional Lae as might be reflected in the Lease. ]3awever this is not the case; the State has not agreed to any language in the Lease to provide such additional time.) It must be reiterated that any funding that may be required to satisfy State or other prerequisites related to the imalization of the Lease and the Agreement must first be reviewed and approved by the Board. The Updated Coconut Grove Playhouse Lease The following are highlighted revisions to the updated Lease that were made subsequent to the Board's July 16, 2013 action: • The term ofthe Lease is fifty (50) years with two twenty-five (25) year renewals that are subject to the State's approval (Section 3). • The insurance requirements have been updated to reed -the fact that the County and FIU are self - insured (Section 14). • The Lease provides the County and FIU with the authority to challenge certain encumbrances on the property, including by utilization of legal proceedings (Section 16) and commits the State's reasonable cooperation with such actions (Section 31). Honorable Chairwoman Rebeca Sosa and Members, Board of County Commissioners Page No. 3 • The tirmeto cure :any breach of the Lease's terms and conditions is extended from sixty (60) to one hundred and twenty (120) days (Section26). • If any encumbrances are discovered that were not reflected in the State title work,, the County and BTU have twelve months to address these "new" encumbrances; if unable to do so, the County and FIU may terminate the Lease (Section 31). o The use of the approved $20 million of County bond fords for the Playhouse and adherence to timetable for carrying out the capital project are requirements of the Lease (Section 40). • An annual written status report is required to be submitted to the State by the County and F1U (Section 40). The Updated Business Plan The follow'mg are highlighted revisions to the updated Business Plan that were made subsequent to the Board's Daly 16, 2013 action (this updated Business Plan is Exi,ibit B to the attached Lease): • The County and FIiI may pursue the potential of additional, compatible development on the property with the objective of generating additional revenues principally dedicated to ensure the viability and success of GableStage's and FIU's cultural and educational programming at the Playhouse (page 5 and pages 15-16). • An estimated timeframe for the capital project is included (pages 9-10). • There are sections outlining Miami -Marie County's successful track record for W+arking with non- profit cultural organizations to manage the County's property (pages 12-13 and Attachment E). The County F1UAgreement In order to ensure that there is a clear delineation of the rights and responsibilities between the County and F.IU, a separate agreement has been developed to codify the provisions essential to the County FIU partnership. This Agreement (attached) was based on the details contained in the Business Plan (Exhibit B to the Lease) which was developed jointly by the County and F[U in coordination with GahleStage_ The key principles that guided the County-FIU Agreement are: • The County assumes responsibility for any costs associated with resolving the encumbrances. • The County has the sole rights and responsibilities in regard to the implementation, decision making and funding necessary to develop aregional theater onthe site. • The County has the right to determine the best method to manage the surface parking lot with the objective of dedicating the net revenue from its operation to the management and programming of the theater, subject to confirmation regarding application of funding • The County will have the financial responsibility for the implementation of the Playhouse capital plan, for the theater's operations and programming, or for any other costs associated with the property. 4 Subject to review and approval of a bid waiver by the Board, the County will enter into an Operating Agreement with GableStage to operate, program and maintain the theater. GableStage will be responsible for all costs associated with the operations and programming of the theater. Honorable Chairwoman Rebeca Sosa and Members, Board of County Commissioners Page No. 4 GableStage and develop an agreement to establish programs and initiatives that mutually benefit the theater company and the university, as outlined in the Business Plan, Update on Encumbrances Affecting the Property Title We are continuing to work on the requirement to satisfy and/or obtain releases of the property title encumbrances identified by the State and as noted above, these issues most be resolved within 90 days of executing the Lease. The following is a summarized progress report: • City ofll aoi We are in diseussiorrs with the City of Miami regarding: the accumulated fines resulting from numerous Final. Administrative Enforcement Orders which are referenced in the title work; and the City lawsuit seeking a leasehold interest in the Playhouse property. The City estimates the total amount claimed arising from the enforcement orders to exceed S500,000. Based on our recent discussions, s, City representatives have expressed their intention to support the County's and Filers objectives for the Playhouse project. The City and. its Oflstieet Parking Authority have expressed an interest in collaborating on the theater, parking and the potential of additional, compile development on the property_ We anticipate that these discussions may result in a more faunal agreement with the City regarding their involvement that the agreement may serve as a prerequisite for the City to relinquish its claims and lawsuit. Such an ageement would be reviewed by the Board and The City Commission and the disposition of the City's claims and lawsuit would be addressed by the City Commission_ Aries (GH Mortgage, LLC) Conversations among the attorneys representing Aries, the Coconut Grove Playhouse and the County are continuing with the objective of resolving the pending issues. These include: having Aries remove references in its $1,5 million mortgage for the separate "Bicycle Shop" property that appear as exceptions in the title work on the Playhouse property; and (unrelated to the County and HU) settling the foreclosure action that Aries has undertaken with the Playhouse regarding the Bicycle Shop Property, As we have reported, the Bicycle Shop property did not revert to the State and certain assignments of leases, rents and profits from the Playhouse property are referenced in the title report as purporting to secure the mortgage on the Bicycle Shop property between GH Mortgage, LLC and the Coconut Grove Playhouse, LLC. The State's current position appears to be a preference for having .Aries remove references to their mortgage on the Bicycle Shop property that appear in the Playhouse title work. Other Judgments and Encumbrarxees As noted in the July 16, 2013 Board item, a number of other judgments recorded as encumbrances in the title work of the Playhouse Property also will need to be resolved. We will provide future updates to the Board on efforts with these matters. Other Options Being Pursued Concurrntly to Secure the Playhouse Property Honorable Chairwoman Rebeca Sosa and Members, Board of County Commissioners Page No. 5 At the August 20, 2013, Florida Cabinet meeting, State staff recommended and the Cabinet approved moving ahead with concurrent work on other poteniial solutions regarding the Playhouse property: a property exchange and/or fee simple conveyance of the property to the County. Subsequently, we have had discussions with DEP staff regarding the procedures involved in a property exchange and have begun the process of identifying and reviewing potential parcels of County property that may be available and of interest to the Star. In addition, we have bad very preliminary conversations with State staff regarding the concept of deeding the property to the County at no cost, given the County's commitment to utilizing the Playhouse for a purpose that will benefit the public. It is important to note that any of these options would require Cabinet and Board approval. In addition, FIU has expressed its strong support for pursuing these options and its commitment to developing a programmatic partnership with GableStage ifthe County because foe sole owner of the property. Attachments Nlaztinez Senior Advisor, Office of the Mayor E, MEMORANDUM (Revised) TO: Honorable Chairwoman Rebeca Sosa and Members, Board of County Commissioners FROM: R. A. Cuevas, Jr. County Attorney DATE: October 1, 2013 Amended SUBJECT: Agenda Item No. 8 (C) (1) Please note any items checked. "3-Day Rule" for committees applicable if raised 6 weeks required between first reading and public hearing 4 weeks notification to municipal officials required prior to public hearing Decreases revenues or increases expenditures without balancing budget Budget required Statement of fiscal impact required Ordinance creating a new board requires detailed County Mayor's report for public hearing No committee review Applicable legislation requires more than a majority vote (Le., 2/3's 3/5's , unanimous ) to approve Current information regarding funding source, index code and available balance, and available capacity (if debt is contemplated) required Amended Approved Mayor Agenda Item No. 8 (C) (I) Veto Override RESOLUTION NO. R-797-13 RESOLUTION APPROVING (1) THE UPDATED LEASE BETWEEN THE STATE OF FLORIDA {STATE) AND CO -LESSEES, MIAMI-DADE COUNTY (COUNTY) AND FLORIDA INTERNATIONAL UNIVERSITY (FIU) OF THE COCONUT GROVE PLAYHOUSE, 3500 MAIN HIGHWAY, COCONUT GROVE, FL 33133 AND (2) THE AGREEMENT BETWEEN THE COUNTY AND FIU, AND AUTHORIZING THE COUNTY MAYOR OR THE COUNTY MAYOR'S DESIGNEE TO EXECUTE THE LEASE AND THE AGREEMENT, SUBJECT TO CERTAIN CONDITIONS AND AUTHORIZING THE COUNTY MAYOR OR THE MAYOR'S DESIGNEE TO EXERCISE ANY AND ALL RIGHTS CONFERRED THEREIN WHEREAS, this Board desires to accomplish the purposes outlined in the accompanying memorandum, a copy of which is incorporated herein by reference; and WHEREAS, on August 20, 2013, the Florida Cabinet met in Miami and approved the Business Plan for the Coconut Grove Playhouse property submitted by the County and FIU and delegated authority to the State's Department of Enviromnental Protection (DEP) to fmalize the Coconut Grove Playhouse Lease; and WHEREAS, the terms and conditions of the Lease attached hereto as Exhibit A have been updated after reviewed by staff at the County, the State and FRJ; and WHEREAS, a separate agreement between FIU and the County is needed to further delineate their respective rights and responsibilities in regard to the property, its operation and its programming; and WHEREAS, the Lease and the Agreement will become effective on or before January 15, 2014, subject to the resolution of any encumbrances affecting the title of the Coconut Grove Playhouse property, Amended Agenda Item No. 8 (C) (1) Page No. 2 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that the Board authorizes the County Mayor or County Mayor's designee to execute the Lease between the State and Co - Lessees, the County and FIU and the Agreement between the County and FIU, in substantially the form attached hereto, and authorizes the Mayor or the Mayor's designee to exercise any and all other rights contained therein, all subject to the following conditions: 1) Satisfactory resolution of any encumbrances affecting the title of the Coconut Grove Playhouse property through collaborative efforts by the State, FIU and the County; and 2) Review and approval by the Board of any expenses and corresponding revenue sources that may be necessary for the County to satisfy State or other prerequisites for the Lease to become effective. The County Mayor or Mayor's designee is further authorized to determine whether such conditions have been met. In addition, the Board urges the Florida Cabinet and Department of Environmental Protection to take whatever additional action may be necessary to convey the Coconut Grove Playhouse property to Miami -Dade County. The Board also directs the County's State lobbying team to advocate for such conveyance, the lease and any other actions as needed related to furthering the Coconut Grove Playhouse initiative and authorizes and directs the Office of Intergovernmental Affairs to include this item as part of its ongoing State legislative activities. The foregoing resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Xavier L. Suarez Jean Monestime Bruno A. Barreiro Jose "Pepe" Diaz Sally A. Heyman Jean Monestime Sen. Javier D. Souto Juan C. Zapata Amended Agenda Item No. 8(C) (1) Page No. 3 Rebeca Sosa, Chairwoman Lynda Bell, Vice Chair aye aye absent aye aye absent Esteban L. Bovo, Jr. Audrey M. Edmonson Barbara J. Jordan Dennis C. Moss Xavier L. Suarez aye absent aye aye aye absent aye The Chairperson thereupon declared the resolution duly passed and adopted this lst day of October, 2013. This resolution shall become effective ten (10) days after the date of its adoption unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board. Approved by County Attorney as to form and legal sufficiency. Jason E. Bloch MIAMI-DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS HARVEY RUVIN, CLERK Christopher Agrippa By: Deputy Clerk OAL1 BOARD OF .. TRUSTEES- .OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA LEASE AGREEMENT Lease Number 4721 THIS LEASE AGREEMENT, made and, entered into this day of 20 , between the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, hereinafter referred to as "LESSOR", and FLORIDA INTERNATIONAL UNIVERSITY BOARD OF TRUSTEES, by and on behalf of FLORIDA INTERNATIONAL UNIVERSITY (FIU) and MIAMI-DADE COUNTY (COUNTY) (collectively hereinafter referred to as "LESSEE".) LESSOR, for and in consideration of mutual covenants and agreements hereinafter contained, does hereby lease to said LESSEE the lands described in paragraph 2 below, together with the improvements thereon, and subject to the following terms and conditions: 1. DELEGATIONS OF AUTHORITY: LESSOR's responsibilities and obligations herein shall be exercised by the Division of State Lands, State of Florida Department of Environmental Protection. 2. DESCRIPTION OF PREMISES: The property subject to this lease is situated in the County of Miami -Dade, State of Florida and is more particularly described in Exhibit "A" attached hereto and hereinafter referred to as the "leased premises". The leased premises are being leased to LESSEE in an "AS IS, ARE 25" condition without warranties of title or representations, 3. TERM: The term of this lease shall be for an initial period of 50 years commencing on October 15, 2013, and ending on October 14, II 2063, unless sooner terminated pursuant to the provisions of this lease. LESSEE may renew this lease for two additional 25-year terms, subject to LESSOR's approval, at one of its regularly scheduled meetings, of LESSEE's request to renew or extend this lease. LESSEE shall be required to give LESSOR at least one hundred twenty (120) days written notice of its election to renew or extend this lease prior to the expiration of the current ,lease term. 4. PURPOSE: The LESSEE shall manage the leased premises only for the establishment and operation of programs and facilities that. present arts, cultural, community, civic, governmental and educational activities for the benefit of the public, along with other related uses necessary for the accomplishment of this purpose as designated in the Land Use Plan required by paragraph 8 of this lease. 5. QUIET ENJOYMENT AND RIGHT OF USE: LESSEE shall have the right of ingress and egress to, from and upon the leased premises for all purposes necessary to the full quiet enjoyment by LESSEE of the rights conveyed herein. 6. UNAUTHORIZED USE: LESSEE shall, through its agents and employees, prevent the unauthorized use of the leased premises or any use thereof not in conformance with this lease. 7. ASSIGNMENT: This lease shall not be assigned in whole or in part without the prior written consent of LESSOR. Any assignment made either in whole or in part without the prior written consent of LESSOR shall be void and without legal effect. Page 2 of 23 Lease No. 4721 R 05/13 13 8. LAND USE PLAN.: LESSEE has prepared and submitted a business plan, which is attached hereto as Exhibit "B" ("Business Plan"). LESSOR's execution of this Lease shall constitute acknowledgment and approval of the Business Plan, and further that such Business Plan the satisfies the requirements for submission and approval of a Land Use Plan (PLAN) for the leased premises, in accordance with Section 253,034, Florida Statutes. The leased premises shall be developed consistent with the original management concept included in the PLAN approved by LESSOR on August 20, 2013, provided however, that all parties understand and agree that that details of the PLAN may evolve and change as a result of, and throughout, the design, construction and operational phases of the PLAN. LESSEE is to notify LESSOR in writing of any changes that alter the original management concept included in the PLAN and it is at the discretion of LESSOR if the changes are acceptable. LESSEE shall give LESSOR reasonable notice of the application for and receipt of any state, federal or local permits as well as any public hearings or meetings relating to the development or use of the leased premises. Any financial commitments made by LESSEE which are not in compliance with the terms of this lease shall be done at LESSEE's own risk. The PLAN shall provide the basic guidance for all management activities. LESSEE shall not use or alter the leased premises except as generally provided for in the approved PLAN without the prior written approval of LESSOR. Page 3 of 23 Lease No. 4721 R 05/13 13 9. EASEMENTS: All easements of any nature including, but not limited to, utility easements are required to be granted by LESSOR. LESSEE is not authorized to grant any easements of any nature and any easement granted by LESSEE shall be void and without legal effect. 10. SUBLEASES: This lease is for the purposes specified herein and subleases of any nature are prohibited, without the prior written approval of LESSOR. Any sublease not approved in writing by LESSOR shall be void and without legal effect. 11. OPERATING AND OTHER ANCILLARY AGREEMENTS: All parties stipulate and agree that LESSEE has the right to enter into agreement(s) with outside party(ies), for the purpose(s) of managing, operating and/or maintaining all or a portion of LESSEE's operations and/or the leased premises, including, without limitation, ancillary and supporting functions such as vehicular parking and concessions. However, LESSOR reserves the right to review any proposed activity by a third party to determine if the activity would require a sublease pursuant to Chapter 18-2, Florida Administrative Code. If a sublease is required, it shall comply with the applicable requirements of Chapter 18-2, Florida Administrative Code. 12. RIGHT OF INSPECTION: LESSOR or its duly authorized agents, representatives or employees shall have the right at any and all times to reasonably inspect the leased premises and the works and operations of LESSEE in any matter pertaining to this lease. Page 4 of 23 Lease No. 4721 R 05/13 1 13. PLACEMENT AND REMOVAL OF IMPROVEMENTS: All buildings, structures and improvements shall be constructed at the expense of LESSEE in accordance with plans prepared by professional designers and shall be developed consistent with the objectives of the PLAN. Further, no trees other than non-native species shall be removed or major land alterations done by LESSEE without the prior written approval of LESSOR. Equipment and improvements placed on the leased premises by LESSEE which are not intended to, or do not become, a permanent part of the leased premises will remain the property of LESSEE and may be removed by LESSEE upon termination of this lease, 14. INSURANCE REQUIREMENTS: During the term of this lease LESSEE shall procure and maintain a policy of fire and extended risk insurance coverage. As governmental entities LESSEE shall have the option to satisfy this obligation under LESSEE's property insurance program(s) with values scheduled for the full insurable replacement value of any improvements or fixtures located on the leased premises. LESSEE shall provide confirmation of such self-insurance in compliance with Section 768.28, Florida Statutes, in amounts not less than $200,000 per person and $300,000 per incident or occurrence for personal injury, death, and property damage on the leased premises. LESSEE shall submit annually thereafter, written evidence of maintaining such insurance policies, or self-insurance, to the Bureau of Public Land Administration, Division of State Lands, State of Florida Department of Environmental Protection, Mail Station 130, 3800 Page 5 of 23 Lease No. 4721 R 05/13 Commonwealth Boulevard, Tallahassee, Florida 32399-3000. Any certificate of self-insurance shall be issued or approved by the Chief Financial Officer, State of Florida. LESSEE shall immediately notify LESSOR and the insurer of any erection or removal of any building or other improvement on the leased premises and any changes affecting the value of any improvements and shall request the insurer to make adequate changes in the coverage to reflect the changes in value. LESSEE shall be financially responsible for any loss due to failure to obtain adequate insurance coverage or failure to self -insure as described above, and the failure to maintain such policies or certificate in the amounts set forth, or to self -insure, shall constitute a breach of this lease. 15. LIABILITY: Each party is responsible for all liability attributable to that party and to the officers, employees and agents of that party, including but not limited to liability for personal injury and property damage arising out of the negligent acts or omissions of that party and the officers, employees and agents of that party. Nothing herein shall be construed as an indemnity or a waiver of sovereign immunity enjoyed by any party hereto, as provided in Section 768.28, Florida Statutes, as amended from time to time, or any other law providing limitations on claims. 16. PAYMENT OF TAXES AND ASSESSMENTS/AUTHORITY TO CHALLENGE ENCUMBRANCES: LESSEE shall assume full responsibility for and shall pay all liabilities, if any, that accrue to the leased premises or to Page 6 of 23 Lease No. 4721 R 05/13 I6 the improvements thereon, including any and all ad valorem taxes and drainage and special assessments or taxes of every kind and all mechanic's or materialman's liens which may be hereafter lawfully and properly assessed and levied against the leased premises during the lease term. LESSOR shall not consent to or otherwise allow or permit such taxes, assessments, liens, etc., to accrue or be assessed or levied upon the leased premises, and agree to reasonably. cooperate with the LESSEE in any efforts to investigate, appeal, or otherwise challenge in any way such taxes, assessments, liens, etc. LESSOR stipulates, authorizes, delegates and acknowledges that LESSEE shall be empowered to take all steps necessary to challenge any taxes, assessments, liens, judgments, or any other encumbrances, etc., including those Encumbrances as hereinafter described and defined in paragraph 31, and may do so by any legal and appropriate means, including but not limited to, by the utilization of legal proceedings. LESSOR shall reasonably cooperate with LESSEE in any efforts to investigate, appeal, or otherwise challenge the forgoing. 17. NO WAIVER OF BREAM: The failure of LESSOR or LESSEE to insist in any one or more instances. upon strict performance of any one or more of the covenants, terms and conditions of this lease shall not be construed as a waiver of such covenants, terms or conditions, but the same shall continue in full force and effect, and no waiver of LESSOR or LESSEE of any of the provisions hereof shall in any event be deemed Page 7 of 23 Lease No. 4721 V. 05/13 1-7 to have been made unless the waiver is set forth in writing, signed by LESSOR or LESSEE, respectively. 18. TIME: Time is expressly declared to be of the essence of this lease. 19. NON-DISCRIMINATION: LESSEE shall not discriminate against any individual because of that individual's race, color, religion, sex, national origin, age, handicap, or marital status with respect to any activity occurring within the leased premises or upon lands adjacent to and used as an adjunct of the leased premises. 20. UTILITY FEES: LESSEE shall be responsible for the payment of all LESSEE -caused charges for the furnishing of gas, electricity, water and other public utilities to the leased premises and for having all utilities turned off when the leased premises are surrendered. 21. MINERAL RIGHTS: This lease does not cover petroleum or petroleum products or minerals and does not give the right to LESSEE to drill for or develop the same, and LESSOR specifically reserves the right to lease the leased premises for purpose of exploring arid recovering oil and minerals by whatever means appropriate; provided, however, that LESSEE named herein shall be fully compensated for any and all damages that might result to the leasehold interest of said LESSEE by reason of such exploration and recovery operations. 22. RIGHT OF AUDIT: LESSEE shall make available to LESSOR all, financial and other records relating to this lease, and LESSOR shall have the right to either audit such records at any reasonable time or Page 8 of 23 Lease No. 4721 R 05/13 ►8 require the submittal of an annual independent audit by a Certified Public Accountant during the term of this lease. This right shall be continuous until this lease expires or is terminated. This lease may be terminated by LESSOR should LESSEE fail to allow public access to all documents, papers, letters or other materials made or received in - conjunction with this lease, pursuant to the provisions of Chapter 119, Florida Statutes. 23. CONDITION OF PREMISES: LESSOR assumes no liability or obligation to LESSEE with reference to the condition of the leased premises. The leased premises herein are leased by LESSOR to LESSEE in an "as is" condition, with LESSOR assuming no responsibility for the care, repair, maintenance or improvement of the leased premises for the benefit of LESSEE. 24. COMPLIANCE WITH LAWS: LESSEE agrees that this lease is contingent upon and subject to LESSEE obtaining all applicable permits and complying with all applicable permits, regulations, ordinances, rules, and laws of the State of Florida or the United States or of any political subdivision or agency of either. 25. NOTICE: All notices given under this lease shall be in writing and shall be served by certified mail including, but not limited to, notice of any violation served pursuant to Section 253.04, Florida Statutes, to the last address of the party to whom notice is to,be given, as designated by such party in writing. LESSOR and LESSEE hereby designate their address as follows: Page 9 of 23 Lease No. 4721 R 05/13 i9 LESSOR: LESSEE: With.a copy to: With a copy to: State of Florida Department of Environmental Protection Division of State Lands Bureau of Public Land Administration, MS 130 3800 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Miami -Dade County Department of Cultural Affairs 111 N.W. lit Street, Suite 625 Miami, Florida 33128 Miami -Dade County Attorney's Office 111 N.W. 1st Street, Suite 2800 Miami, Florida 33128 and Florida International University Modesto Maidique Campus Senior Vice President & Chief Financial Officer Division of Finance and Administration 11200 S.W. 8th Street, PC 523 A Miami, Florida 33199 Florida International university General Counsel's Office 11200 S.W. 8th Street, PC 511 Miami, Florida 33199 26. BREACH OF COVENANTS, TERMS, OR CONDITIONS: Should LESSEE breach any of the covenants, terms, or conditions of this lease, LESSOR shall give written notice to LESSEE to remedy such breach within one hundred twenty (120) days of such notice. In the event LESSEE fails to remedy the breach to the satisfaction of LESSOR within one hundred twenty, (120) days of receipt of written notice, LESSOR may either terminate this lease and recover from LESSEE all damages LESSOR may incur by reason of the breach including, but not limited to, the cost of Page 10 of 23 Lease No. 4721 R 05/13 ad recovering the leased premises or maintain this lease in full force and effect and exercise all rights and remedies herein conferred upon LESSOR. 27. DAMAGE TO THE PREMISES: (a) LESSEE shall not do, or suffer to be done, in., on or upon the leased premises or as affecting said leased premises or adjacent properties, any act which may result in damage or depreciation of value to the leased premises, or any part thereof, (b) LESSEE shall not generate, store, produce, place, treat, release or discharge any contaminants, pollutants or pollution, including, but not limited to, hazardous or toxic substances, chemicals or other agents on, into, or from the leased premises or any adjacent lands or waters in any manner not permitted by law. For the purposes of this lease, "hazardous substances" shall mean and include those elements or compounds defined in 42 USC Section 9601 or which are contained in the list of hazardous substances adopted by the United States Environmental Protection Agency (EPA) and the list of toxic pollutants designated by the United States Congress or the EPA or defined by any other federal, state or local statute, law, ordinance, code, rule, regulation, order, or decree regulating, relating to, or imposing liability or standards of conduct concerning any hazardous, toxic or dangerous waste, substance, material, pollutant or contaminant. "Pollutants" and, "pollution" shall mean those products or substances defined in Chapters 376 and 403, Florida Statutes, and the rules promulgated thereunder, all as amended or updated from time to time. Page 11 of 23 Lease No. 4721 R 05/13 al In the event of LESSEE'S failure to comply with this paragraph, LESSEE shall, at its sole cost and expense, promptly commence and diligently pursue any legally required closure, investigation, assessment, cleanup, decontamination, remediation, restoration and monitoring of (1) the leased premises, and (2) all off -site ground and surface waters and lands affected by LESSEE's failure to comply, as may be necessary to bring the leased premises, and affected off -site waters and lands into full compliance with all applicable federal, state or local statutes, laws, ordinances, codes, rules, regulations, orders, and decrees, and to restore the damaged property to the condition existing immediately prior to the occurrence which caused the damage. Where hazardous substances have been introduced during the lease term, LESSEE's remediation obligations set forth in this paragraph shall survive the termination or expiration of this lease. This paragraph shall not be construed as a limitation upon the obligations or responsibilities of LESSEE as set forth herein. Nothing herein shall relieve LESSEE of any responsibility or liability prescribed by law for fines, penalties and damages levied by governmental agencies, and the cost of cleaning up any contamination caused directly or indirectly by LESSEE's activities or facilities. Upon discovery of a release of a hazardous substance or pollutant, or any other violation of local, state, or federal law, ordinance, code, rule, regulation, order or decree relating to the generation, storage, production, placement, treatment, release, or discharge of any contaminant, LESSEE Page 12 of 23 Lease No. 4721 R 05/13 shall report such violation to all applicable governmental agencies having jurisdiction, and to LESSOR, all within the reporting periods of the applicable governmental agencies. 28. ENVIRONMENTAL AUDIT: At LESSOR's discretion, LESSEE shall provide LESSOR with a current Phase' -I environmental site assessment conducted in accordance with the State of Florida Department of Environmental Protection, Division of State Lands' standards prior to termination of this lease, and if necessary a Phase II environmental site assessment. 29. SURRENDER OF PREMISES: Upon termination or expiration of this lease, LESSEE shall surrender the leased premises to LESSOR, In the event no further use of the leased premises or any part thereof is needed, or desired, in LESSEE's discretion, LESSEE shall give written notification to LESSOR and the Bureau of Public Land Administration, Division of State Lands, State of Florida Department of Environmental Protection, Mail Station 130, 3800 Commonwealth Boulevard, Tallahassee, Florida 32399-3000, at least six months prior to the release of any or all of the leased premises. Notification shall include a legal description, this lease number, and an explanation of the release. Upon release of all or any part of the leased premises or upon termination or expiration of this lease, all improvements, including both physical structures and modifications to the leased premises shall become the property of LESSOR, unless LESSOR gives written notice to LESSEE to remove any or all such improvements at the Page 13 of 23 Lease No. 4721 R 05/13 �3 expense of LESSEE. The decision to retain any improvements upon termination or expiration of this lease shall be at LESSOR's sole discretion. Prior to surrender of all or any part of the leased premises a representative of the Division of State Lands, State of Florida Department of Environmental Protection shall perform an on- site inspection and the keys to any building on the leased premises shall be turned over to the State of Florida Department of Environmental Protection, Division of State Lands. If the improvements do not meet all'conditions as set forth in paragraphs 20 and 36 herein, LESSEE shall pay all costs necessary to meet the prescribed conditions. 30. BEST MANAGEMENT PRACTICES: LESSEE shall implement applicable Best Management Practices for all activities conducted under this lease in compliance with paragraph 18-2.018(2)(h), Florida Administrative Code, which have been selected, developed, or approved by LESSOR or other land managing agencies for the protection and enhancement of the leased premises, provided that LESSOR has provided to LESSEE written copies of such Best Management Practices prior to, or contemporaneously with, execution of this lease. 31. PROHIBITIONS AGAINST LIENS OR OTHER ENCUMBRANCES: Fee title to the leased premises shall be retained by LESSOR. LESSOR and LESSEE shall not do or permit, and since SepteMber 25, 2012, they have not done or permitted, anything to be done which purports to create a lien or encuMbrance of any nature against the real property contained in Page 14 of 23 Lease No. 4721 R 05/13 azy the leased premises including, but not limited to, mortgages or construction liens against the leased premises or against any interest of LESSOR therein. In the event any encumbrances including, but not limited to, liens, judgments, enforcement orders and notices, and municipal special -assessments ("Encumbrances") attach to the leased premises from September 25, 2012, through the term of this lease it will be LESSEE's responsibility to remove, release, satisfy, or otherwise resolve these Encumbrances from the leased premises at LESSEE's sole cost and expense. Provided that in the event that Encumbrances are discovered which were not reflected in the Old Republic National Title Insurance Company Commitment, Fund File Number 01-2012-016250A with an effective date of September 25, 2012 at 11:00 p.m., then LESSEE shall have twelve months to attempt to remove, release, satisfy, or otherwise resolve those. In the event that LESSEE determines that it is unable to reasonably do so, LESSEE may terminate this lease with no further liability or obligation under this paragraph by then utilizing the provisions of paragraph 29 of this' lease. 32. PARTIAL IIVALIDITY: If any term, covenant, condition or provision of this lease shall be ruled by a court of competent jurisdiction, to be'invalid, void, or unenforceable, the remainder shall remain in full force and effect and shall in no way be affected, impaired or invalidated. Page 15 of 23 Lease No. 4721 R 05/13 33. ARCHAEOLOGICAL AND HISTORIC SITES: Execution of this lease in no way affects any of the parties' obligations pursuant to Chapter 267, Florida Statutes. The collection of artifacts or the disturbance of archaeological and historic sites on state-owned lands is prohibited unless prior authorization has been obtained from the State of Florida Department of State, Division of Historical Resources. The Land Use Plan prepared pursuant to Chapter 18-2, Florida Administrative Code, shall be reviewed by the Division of Historical Resources to insure that adequate measures have been planned to locate, identify, protect and preserve the archaeological and historic sites and properties on the leased premises. 34. SOVEREIGNTY SUBMERGED LANDS: This lease does not authorize the use of any lands located waterward of the mean or ordinary high water line of any lake, river, stream, creek, bay, estuary, or other water body or the waters or the air space thereabove. 35. ENTIRE UNDERSTANDING: This lease sets forth the entire understanding between the parties and shall only be amended with the prior written approval of LESSOR and LESSEE. 36. MAINTENANCE OF IMPROVEMENTS: LESSEE shall maintain the real property contained within the leased premises and any improvements located thereon, in a state of good condition, working order and repair including, but not limited to, removing all trash or litter, maintaining all planned improvements as set forth in the approved Land Use Plan, and meeting all building and safety codes. LESSEE shall Page 16 of 23 Lease No. 4721 R 05/13 maintain any and all existing roads, canals, ditches, culverts, risers and the like in as good condition as the same may be on the effective date of this lease. 37. GOVERNING LAW: This lease shall be governed by and interpreted -according to the laws of the State of Florida, 38. SECTION CAPTIONS: Articles, subsections and other captions contained in this lease are for reference purposes only and are in no way intended to describe, interpret, define or limit the scope, extent or intent of this lease- or any provisions thereof. 39. ADMINISTRATIVE FEE: LESSEE shall, pay LESSOR an annual administrative fee of $300 pursuant to subsection 18-2.020(8), Florida Administrative Code. The initial annual administrative fee shall be payable within thirty days from the date of execution of this lease agreement and shall be prorated based on the number of months or fraction thereof remaining in the fiscal year of execution. For purposes of this lease agreement, the fiscal year shall be the period extending from July 1 to June 30. Each annual payment thereafter shall be due and payable on July 1 of each subsequent year. 40. SPECIAL CONDITIONS: The following special conditions shall apply to this lease: A. LESSEE shall dedicate $20 million specifically for the capital expenses for the Coconut Grove Playhouse project and adhere to the timetable for the capital plan as set forth in the Business Page 17 of 23 Lease No. 4721 R 05/13 Plan. Failure to do so shall constitute a default under this lease. B. During the term of this lease and any renewal or extension, LESSEE shall be required to provide LESSOR with an annual written status report of the construction and the operation of the Coconut Grove Playhouse within 30 days of each annual anniversary date of this lease. C. LESSEE acknowledges and understands that this lease is subject to existing Coconut Grove Parking and Security Use Agreement No, 0392 ("Use Agreement"), dated November 2, 2012, as amended by Amendment to Use Agreement Number 0392, dated June 14, 2013, by and between LESSOR and Paradise Parking Systems, LLC, and that LESSOR shall continue to receive the monthly fees under the Use Agreement until suchtime as the Use Agreement is terminated. Upon LESSEE'S written request, LESSOR agrees to promptly terminate the Use Agreement in accordance with the termination provisions in the Use Agreement. Page 18 of 23 Lease No. 4721 R 05/13 IN WITNESS WEEREOF, the parties have caused this lease to be executed on the day and year first above written. Witness Print/Type Name Witness Print/Type Name STATE OF FLORIDA COUNTY OF LEON BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA By: (SEAL) CHERYL C. McCALL, CHIEF BUREAU OF PUBLIC LAND ADMINISTRATION, DIVISION OF STATE LANDS, STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION "LESSOR" The foregoing instrument was acknowledged before me this day of , 20, by Cheryl C. McCall, Chief, Bureau of Public Land Administration, Division of State Lands, State of Florida Department of Environmental Protection, as agent for and on behalf of the Board of Trustees of the Internal, Improvement Trust Fund of the State of Florida. She is personally known to me. Page 19 of 23 Lease No. 4721 A 05/13 Notary Public, State of Florida Print/Type Notary Name Commission Number: Commission Expires: Approved as to Form and Legality By: DEP Attorney 9 Witness FLORIDA INTERNATIONAL UNIVERSITY BOARD OF TRUSTEES, by and on behalf of Florida International University By: Print/Type Name Print/Type Name Witness Title: Print/Type Name (OFFICIAL SEAL) "LESSEE" STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of 20 , by , as , on behalf of Florida International University Board of Trustees. He/She is personally known to me. Page 20 of 23 Lease No. 4721 R 05/13 Notary Public, State of Florida Print/Type Notary Name Commission Number: Commission Expires: 30 Witness MIAMI-DADE COUNTY, FLORIDA By its Board of County Commissioners By; Print/Type Name Print/Type Name Witness Title: Print/Type Name (OFFICIAL SEAL) ATTEST: County Administrator and Ex-Officio Clerk of the Board of County Commissioners of Miami -Dade County "LESSEE" STATE OF FLORIDA COUNTY OF Miami -Dade The foregoing instrument was acknowledged before me this day of 20_, by and , as and respectively, on behalf of the Board of County Commissioners of Miami -Dade County, Florida. They are personally known to me. Page 21 of 23 Lease No. 4721. R 05/13 Notary Public, State of Florida Print/Type Notary Name Commission Number: Commission Expires: 3t EXHIBIT "A" LEGAL DESCRIPTION OF THE LEASED PREMISES Page 22 of 23 Lease No. 4721 R 05/13 EXHIBIT ' Brr BUSINESS PLAN See attached Business Plan, Coconut Grove Playhouse. Page 23 of 23 Lease No. 4721 R 05I13 Business Plan Coconut Grove Playhouse Property 3500 Main Highway, Coconut Grove, FL 33133 Presented by Florida International University and Miami -Dade County in consultation with GableStage FLORIDA INTERNATIONAL UNIVERSITY ':. vABLFSTAsGE Coconut Grove Playhouse Business Plan Page2of16 , Table of Contents Introduction and Contact information Pages 3.4 Governance and Organizational Structure Pages 5-7 Capital Plan Pages 8 -10 Operational Forecast C Property Management and Development Pages 11 -16 Attachments • A — Florida International University College of Architecture + The Arts (CARTA) — Vision end Mission • B - Building Program for 300-seat professional theater • C -- GableStage: background information • D - Coconut Grove Playhouse Questions and Answers • E — Miami -Dade County Operating Agreements with Non -Profit Cultural Organizations • F — Coconut Grove Playhouse Property Location Map and Information 35 Coconut Grove Playhouse Business Plan Page 3 of 16 Introduction This Business Plan is an outline of the proposed use of the Coconut Grove Playhouse property in Miami, Florida by Florida International University (FIU) and Miami -Dade County for educational, cultural and civic engagement purposes, It was developed and approved by the boards of FIU and Miami -Dade County in close consultation GableStage, one of Florida's most accomplished not -for -profit theater companies.. The proposed partnership among FIU, Miami - Dade County and GableStage serves as a central premise for the Business Plan. Key Benefits to the State and Florida International University It is important to emphasize the key benefits that acquisition of the Coconut Grove Playhouse property and this Business Plan provide' to -the State of Florida, FIU faculty and students, and the general public of South Florida that FIU engages to advance its educational mission: ▪ FIU will have a partnership with Miami -Dade County and GableStage, one of the region's preeminent non-profit theater companies and the designated operator of the regional theater facility, and can establish programs to enhance the work of FIU's College of Architecture + The Arts (CARTA) and specifically, its Theater Department, for teaching and learning, research, and performance activities (e.g., student internships; workshops with practicing theater professionals; university —sponsored performances; opportunities for theater and arts faculty to develop professional credentials through acting, directing, set and costume design, production and technical aspects of lighting and sound, etc.). See Attachment A — Vision and Mission. ® FIU will have the ability to use the theater and ancillary spaces to advance its established community engagement goals in a central, prominent Coconut Grove location and further elevate the profile and reputation of the university (e.g., lectures by Hu faculty and visiting scholars; presentations by FIU's Colleges, Centers? and Institutes; the FIU Office of Engagement; etc,). • FIU's affiliation with a major regional theater company will accrue to the university's status as an important center for creativity and innovation, similar to the benefits enjoyed by other universities affiliated with regional theater companies such as Yale University through the Yale Repertory Theater and Brown University and the Trinity Repertory Company. • Work on the ambitious capital and operational components of the Business Plan will be accomplished with no cost to FIU or the State of Florida. • FIU will serve as the catalyst for a major, historic cultural site in the heart of one of Miarnrs oldest neighborhoods to be reactivated for educational and cultural purposes. Coconut Grove Playhouse Business Plan Page 4 of 16 Key Benefits to Miamri-bade County The key benefits of the proposed partnership between FiU and Miami -Dade County that help advance primary goals of the County's cultural development of our community and create more opportunities for its residents and visitors include: • The County will achieve its goal of re-establishing a major regional theater for South Florida, a key missing element in our cultural life and an essential part of the County's plan to establish Miami -Dade County as one of the world's newest and most vibrant cultural centers. ▪ The County will utilize the $20 million of capital funds already approved by the Board of County Commissioners for the capital plan to redevelop the Goconut Grove Playhouse site to accomplish an. outstanding theater complex and adequate parking to serve its audiences. O The County, will help forge a programming partnership between FIU and GableStage, the designated operator of the regional theater facility, to create outstanding educational and cultural opportunities. o The County will implement its work plan developed in collaboration with GableStage, a non- profit organization, to build the capacity of this outstanding theater company (its staff and its volunteer board of directors) to reach its clear potential to be one of the nation's leading regional theater companies. The County will work with Coconut Grove stakeholders, with the inclusion of Public -Private Partnerships, to help achieve additional objectives for this project, including but not limited to helping to revitalize a neglected part of this neighborhood, serving as a catalyst for economic redevelopment, pursuing the potential of additional, compatible development on the property to support theater operations, and ensuring that this historic property is treated with respect and sensitivity to the "village" ambiance of Coconut Grove. This Business Plan is developed to provide the State of Florida with the confidence and assurance that FIU, Miami -Dade County and GableStage have sound business plans, adequate resources and the requisite expertise to accomplish the goals that are set forth and to achieve the important public purposes summarized above for the State, FIU and Miami -Dade County. Contacts: Kenneth A, Jessell, Ph.D. Senior Vice President and Chief Financial Officer Florida international University 11200 SW 8th St, PC 523, Miami, FL 33199 Phone; 30 348-21 g1 Fax: 305-348-3678 Email: kenneth_jessel! tY,fiu.edu Lisa M. Martinez Senior Advisor, Office of the Mayor Miami -Dade County 111 NW 1st St, 29t, Floor, Miami, FL 33128 Phone: 305-375-2911 Fax: 305-375-2099 E-mail: lisamm(c miamidadegov Coconut Grove Playhouse Business Plan Page 5 of 16 Governance and orcanizationai Structure In order to accomplish the goals of this Business Plan, the following organizational and governance structure will be utilized: O The Coconut Grove Playhouse property will be conveyed from the State of Florida to FIU and Miami -Dade County through a longterm lease. • FIU and Miami -Dade County will serve as co -lessees. • A separate agreement between FIU and the County will delineate the responsibilities and rights of each of the parties. • Miami -Dade County will negotiate and execute an operating agreement* with GableStage, a non-profit theater company, to operate, program and maintain the theater (see below for key business points), State of Florida Florida Internatonat_ University - Operat3hg AgftEtlie411 rouri skeep3> f • Miami -Dade County and FIU will determine the best approach to manage the remainder of the site (parking, groundskeeping, etc,). ® Miami -Dade County and FIU may pursue the potential of additional, compatible development on the property with the objective of generating additional revenues principally dedicated to ensure the viability and success of Gablestage's and FIU's cultural and educational programming at the Playhouse. O HU and GableStage will establish programming partnerships directly between them. * Miami -Dade County has a number of operating agreements with non-profit cultural organizations that manage, program and help maintain cultural facilities on its behalf (e.g., HistoryMiami, Performing Arts Center Trust, Miami Science Museum, Miami Art Museum). These partnerships add the expertise and activate the fundraising capabilities of the private sector to enhance the educational and cultural opportunities offered to the public. See Attachment E. Coconut Grove Playhouse Business Plan Page 6of16 Development and Management Agreement between FIC1 and Miami -Dade Gounly — Key Business Points • Miami -Dade County is responsible for funding and implementing a capital project to provide a theater, front- and back -of -house support spaces and parking, including but not limited to the competitive selection of architectural, " engineering and consulting firms and the competitive selection of a contractor to build the project. FIU and Miami -Dade County, in consultation with GableStage, will agree upon a master plan for the site and a building program delineating theater spaces and sizes. • Miami -Dade County will negotiate and execute an operating agreement with GableStage for programming and maintaining the theater and will determine the best approach to managing the rest of the site, subject to FIU's concurrence. • Miami -Dade County will utilize revenues generated by activities on Coconut Grove Playhouse property, other than those presented by GableStage, to cover the expenses of parking and site management Any revenues remaining after these expenses will be used by Miami -Dade County solely to help support the non-profit theater activities presented for the public's benefit by GableStage_ • Any additional future development of the site will be subject to the review and concurrence of the State, FIU and Miami -Dade County. The use of any additional revenue that may result from such development would be dedicated principally to the viability and success of GabieStage and is subject to the review of the State, FIU and Miami -Dade County and the approval of the State. • FIU will have certain defined benefits with GableStage that take into account the goals of the Business Plan for FIU's students, faculty and the community. These benefits will be agreed upon in writing between FIU and GableStage before the County's execution of an operating agreement with GableStage, which agreement shall reference and/or incorporate the benefits. While not exhaustive in scope, anticipated benefits may include joint marketing, signage and promotion; GableStage and FIU faculty and staff affiliations; workshops and master classes; use of the facilities; and other benefits necessary to advance F1U, Miami - Dade County, and the Coconut Grove Playhouse. 9 Miami -Dade County is responsible for the operational and maintenance costs of the site. • Miami -Dade County and FIU will agree upon a process for communication regarding progress and activities that may include regular meetings and reports shared with designated representatives. Coconut Grove Playhouse Business Plan Page 7 of 16 Operating Agreement between Miami -Dade County and GabieStage — Key Business Points a GableStage will be responsible for operating, programming and maintaining the theater facility. • The importance of a lease term of 50 years, with two renewable 25-year terms, is that the volunteer board of directors of GabieStage can provide their current and future donors with a firm assurance that their contributions for programs are helping to establish theater -going traditions on a site that is secured for the next 100 years. This is essential for the increased fundraising that is essential to operate and program the theater. Funding from Miami -Dade County to GableStage will be available through the County's competitive grants programs (currently, GableStage receives County grants through the Department of Cultural Affairs). Miami -Dade County has provided significant grant funding support to GabieStage since its inception, fifteen years agog' ® Parking revenues and other income that may result from compatible development on the site will be dedicated completely to GabieStage to ensure the viability and success of the non- profit theater operations. • GableStage and FIU will agree upon certain rights and benefits that also will be referenced and/or incorporated into the operating agreement between the County and GableStage, • GabieStage will participate in and provide input for the County's selection of capital project consultants and contractors and on the resulting work to develop a site master plan and on the theater design and construction. a GableStage will work with the County on a management plan to help build its organizational capacity to ensure success in operating and programming the theater (e.g., fundraising, board development, operating budget forecasts, etc). • Miami -Dade County and GabieStage will develop and agree upon terms to ensure adequate and affordable parking on the Coconut Grove Playhouse site for GableStage personnel and for audiences attending activities presented by GabieStage, *In FY2012-2013, Miami -Dade County allocated more than $250,000 in grant support for GableStage's operations and programming. Coconut Grove Playhouse Business Plan Page 8 of 16 Capital Plan The Capital Plan for the Coconut Grove Playhouse property consists of establishing a theater of the appropriate size and capacity to be operated by GableStage and parking to serve the theater and, to the degree possible, surrounding educational and business interests — all within the established capital budget. Objective of the Capital Plan; Re-establish Great Regional Theater and Provide Professional Theater Opportunities for FIU Students and Faculty The central purpose of FIU; Miami -Dade County and GableStage in regard to the Coconut Grove Playhouse property is to re-establish great regional theater on the site that was the hub for the community's major theatrical activity for more than 50 years. Professional regional theaters contribute a number of essential activities for a community's cultural life: • They present the highest quality theater productions, ranging from classics to contemporary work. They serve as an incubator for new theatrical works, commissioning the best and most promising playwrights to develop and premiere their work. • They forge partnerships with universities to develop the next generation of theater professionals, offering advanced training at the highest level to student and equity actors, designers (lighting,. stage and costume), technicians, administrators and directors. In addition, they provide university faculty with opportunities for their own professional development' through involvement with theater productions. ® They are a hub for employment in the theater community, providing the critical mass of job opportunities to keep talented theater professionals and graduating theater students in Miami and to offer internships to students. i They are the largest provider of field trip and in -school performances, introducing students to the repertoire and wonder of live theater. They help to cultivate and support the work of other Miami theater companies, offering technical assistance, cross marketing support and joint programming opportunities. • They help define a city as a major cultural center, in the same ways that a regional ballet company, a flagship art museum and a 21st century science center do. The Building Program for a Regional Theater Facility Regional theater companies require very specific kinds of facilities in which to conduct these activities. In 2008, the board of directors of the Coconut Grove Playhouse in collaboration with the Miami -Dade County Department of Cultural Affairs commissioned one of the nation's L( Coconut Grove Playhouse Business Plan Page 9 of 16 foremost theater consulting firms, Fisher Dachs Associates (FDA), to do a preliminary building program for a regional theater. This theater program is Attachment B to the Business Plan. .Funding for the Capital Plan Miami -Dade has approved $20 million that is dedicated specifically for the capital expenses for the Coconut Grove Playhouse project, including `soft costs" and construction expenses: Miami -Dade County: Secured Capital Funds Amount Source $ 5 million Convention Development Tax bond proceeds $15 million Building Better Communities --General Obligation Bond program A preliminary order of magnitude" cost estimate was done by FDA that demonstrated that the building program could be accomplished within the $20 million of secured and available County funding. This calculation was based on the square footage contained in the building program and an estimated cost of $450/s.f. for construction. Miami -Dade County will confirm this capital cost estimate at the outset of the master plan and design work for the project and is committed to having a professional cost estimating firm as part of the consultant team that is selected to design this project. Cost estimates will be required at key benchmarks in the project's development to ensure that the project can be accomplished within the established capital budget. Timetable for the Capital Plan Miami -Dade County and FLU are committed to working quickly and responsibly to accomplishing the capital plan. The preliminary timetable for this work is contingent on variables ranging from the time necessary for the variety of necessary governmental approvals (ranging from County contracts for architectural and construction services to municipal reviews for historic preservation, permitting and inspections) to unforeseen existing site conditions and weather factors. Typically, capital projects consist of the following phases (with broadly approximate time periods for each phase): • Competitive solicitation for and approval of architectural and engineering services (6 to 12 months); • Planning and design phase (18 to 24 months); • Competitive bidding for construction (6 to 12 months); and • Permitting, construction and commissioning — this depends on the what the design phase generates for the project and the response 'from the selected contractor for how long Coconut Grove Playhouse Business Plan Page 10of16 construction will -take; for example, work with an existing structure on the site, new construction and the integration of these elements all can impact the construction timeline (36 to 60 months). The Miami -Dade County Department of Cultural Affairs will manage the capital project, competitively selecting and contracting for services for design and construction, The Department has a strong track record for managing successful theater design and construction projects. There are a number of standard and required safeguards that the County uses for managing capital projects to successful completion. The County requires general contractors to have a performance bond and provisions for delay damages also are contractual conditions, serving as an incentive/penalty for contractors to maintain the construction schedule. These are tested and effective mechanisms to help ensure the completion and timeliness of Miami -Dade County construction projects. in addition, Miami -Dade County is committed to working closely with FIU, community stakeholders, and with GableStage to ensure that the theater building is capable of successfully accommodating all of the functions of a regional theater company and the needs of FM. Coconut Grove Playhouse Business Plan Page11 of 16 . Operational Forecast / Property Management and Development FIU, Miami -Dade County and GableStage are committed to a sound and sustainable plan for developing and operating the Coconut Grove Playhouse site that does not cause any additional burden to the taxpayers of Florida. As such, the steadfast criterion for the operational forecast is that the Coconut Grove Playhouse property can be managed, programmed and maintained without additional expense to the State, FIU and Miami -Dade County. Key ,Premises that Support the Operational Forecast + GableStage will be responsible for all of the costs of the operations, programming and maintenance of the theater. • GableStage is a financially successful and stable not -for -profit organization and its board of directors is fully committed to meet its fundraising responsibilities for their activities in the theater. 9 Miami -Dade County has allocated funding to hire a management consultant to work with GableStage to develop its organizational capacity and strength. • GableStage currently receives County funding support throughMiami-Dade County Department of Cultural Affairs' competitive grants programs and it is anticipated that this support will continue, subject to annual budgets adopted by Miami -Dade County. Miami - Dade County has provided significant grant funding support to GableStage since its inception, fifteen years ago* Parking revenues and other income that may result from compatible development on the site will be dedicated completely to GableStage to ensure the viability and success of the non- profit theater operations. • Miami -Dade County has committed operational subsidies to its other non-profit cultural partners to ensure their suocess in operating and programming County facilities. Although the County cannot afford to allocate tax funds to another partner, these earned revenues, to the extent that they are maximized, can help GableStage achieve the mutually desired goals of financial viability, programming excellence, educational partnerships and public service. *In FY2012-2013, Miami -Dade County allocated more than $250,000 in grant support for GableStage's operations and programming. 4kt Coconut_ Grove Playhouse Business Plan Page 12of16 Fly' Programs at the Coconut Grove Playhouse A number of educational, cultural and community programs that will benefit FIU will be presented by the university at the Coconut Grove playhouse. FIU, through its partnership with GableStage, will establish programs to enhance the work of FIU's College of Architecture + The Arts and specifically, its Theater Department. These programs include student internships, workshops with practicing theater professionals, and opportunities for theater and arts faculty to develop professional credentials through acting, directing, etc. In addition, F!U will have the ability to use the theater and ancillary spaces to advance its educational mission and established community engagement goals in a central, prominent Coconut Grove location and further elevate the profile and reputation of the university (e.g„ theatrical and musical performances, lectures by FIU faculty and visiting scholars and presentations by Fars Colleges, Centers and Institutes, etc.). Through the collaborative partnership with Miarni--Dade County and GableStage and the reactivation of the Playhouse, expanded academic and research opportunities will be available to FIU students and faculty that would not otherwise be possible. To the extent necessary, FIU, Miami -Dade County and GableStage are committed to working together to help identity and secure any additional funding required, such as from grants and sponsorships, for FIU to expand their programs at the Coconut Grove Playhouse_ The Financial Viability of Regional Theater and This Business Model Miami -Dade County has a number of operating agreements with non-profit arts groups to manage property for the County; these relationships have had a track record of success for decades (see Attachment E). The County requires these non-profit organizations to go through an annual budget review process (identical to the process that a County department is subject to) and to submit annual reports (which include a financial audit), all with the objective of demonstrating that the public is being served programmatically and that the non-profit organizations are maintaining a satisfactory level of operational and fiscal responsibility. GableStage will be required to adhere to this same review and monitoring regimen. The County's Depaillnent of Cultural Affairs has the lead responsibility for this oversight and the County's Office of the Mayor and Office of Management and Budget are directly involved as well. Miami -Dade County's relationships with these nonprofit organizations go far beyond what the term "monitor" usually means — the County is a de facto partner and helps with resolving issues in real time. As a result of these oversight practices, Miami -Dade County has a solid LALj Coconut Grove Playhouse Business Plan Page 13of16 track record for fiscal, operational and programmatic success with the non-profit organizations that are managing properties on its behalf. It is important to emphasize that this Business Plan represents a very different operating model from the previous Playhouse approach where the non-profit operated as an independent entity. GableStage will manage the theater under an operating agreement with Miami -Dade County and as such, will become part of the checks and balances already have established by Miami -Dade County to ensure responsible management. In addition, FIU will establish educational and programmatic partnerships with. GableStage that will further strengthen this theater company. FIU has a distinguished history of collaborating with community non-profit organizations and using its expertise in business management, marketing, community engagement, leadership training and research to help build the financial and operational capacity of its partners. Preliminary Operational Forecast for ,Regional Theater As noted in the section above, Miami -Dade County has allocated funding to hire a management consultant to work with GableStage to develop its organizational capacity and strength. in the interest of demonstrating the financial feasibility of GableStage's management of the theater component, a preliminary operational forecast for a regional theater has been included in this Business Plan. Regional Theater Preliminary Operational Forecast Expense Category. Fula Year Amount Administration $ 754,000.00 Theater staff (including benefits & taxes) $ 754,000.00 Administrative Expenses $ 84,500.00 Travel, Meetings, Mileage $ 25,000.00 Membership & Dues $ 6,500.00 Licenses/Fees/Permits . $ 4,000,00 Office Equipment --Purchase $ 23,000.00 , Misc. Program Supplies $ 10,000,00 Equipment Repair/Maintenance/Support $ 6,000.00 Professional Developrrment!Recruitment $ 10,000,00 Programming $ 930,000.00 Artistic Personnel $ 750,000,00 Equipment Rental $ 25,000.00 Repair & Maintenance $ 30,000.00 Production Supplies $ 100,000.00 Coconut Grove .Playhouse Business Plan Page 14 of t 6 Small Equipment $ 15,000_00 Usher Program Expense $ 10,000.00 Box Office $ 60,000.00 Computer Systems & Support (ticket printers, PC, safe) $ 30,000.00 Credit Card Fees $ 30,000_00 Institutional Marketing $ 174,000.00 Brochures, Publications, Website $ 50,000.00 Advertising $ 70, 000.00 Photography & Recordings $ 14,000.00 Public Relations/Special Events $ 40,000.00 Safes Expenses $ 26,000.00 Concessions $ 25,000.00 Operating Expenses $ 330,000.00 Utilities $ 200,000.00 Insurance $ 80,000.00 Maintenance, security, elevator, ground keeping $ 50,000.00 Contingency $ 250,000.00 Total Expenses $ 2,607,500.00 Revenue Category Full Year Amount Admissions $ 650,000.00 Subscriptions $ 325,000.00 Contracted Services $ 150,000.00 Corporate Support $ 1.50,000.00 Foundation Support $ 300,000.00 Private/Individual Support $ 400,000.00 Miami -Dade County Grant $ 250,000.00 Other Government Grants $ 100,000.00 Special Events $ 150,000.00 Other Revenue $ 132,500.00 Total Revenue $ 2,607,500.00 Et should be noted that this preliminary budget relies on a conservative estimate of revenue that would be generated by parking on the site which is included in the 'Other Revenue" line item. The amount of revenue from parking and other income that may result .from compatible development on the site will affect the extent of programming that GableStage will be able to present. It is important to emphasize that this is a preliminary "order of magnitudes estimate for the operating budget for the regional theater. A full operating pro forma will be developed by Coconut Grove Playhouse Business Plan Page 15 of 16 GabieStaage with the assistance of a management consulting firm and in cooperation with the Miami -bade Department of Cultural Affairs. This pro forma will continue to be updated throughout the planning, design and construction of the theater, initially as a 5-year operating forecast and subsequently as a detailed operating budget for the first year of operations of the theater. Operation of Parking, Site Maintenance and Compatible Development Miami -Dade County and FIU through the development and management agreement, would determine the best approach to manage the parking, perform maintenance of the site and pursue options for additional, compatible development on the property_. The options for parking operations and site maintenance include: Operating the parking and performing the maintenance itself (e.g., Miami -Dade County currently operates a number of parking sites and maintains County property); • Including parking operations and site maintenance in the operating agreement as a responsibility of GableStage; • Contracting with the Miami Parking Authority given their experience with the site and their other Coconut Grove parking operations; or e Competitively selecting a parking operator and/or a maintenance provider. This decision would depend on the approach that generates the most revenue both for the upkeep of the site (e.g., landscaping and groundskeeping, fence repairs, lighting, etc.) and for operational and programming funding support for GableStage, subject to availability of parking and other income that may result from compatible development on the site revenues. It is known that prior to 2006, the Miami Offstreet Parking Authority managed the site's parking and was able to pay the Coconut. Grove Playhouse $15,000 per month after expenses. When the site master plan is completed and the amount of parking is determined, an updated forecast of parking expenses and revenues will be calculated. This will take into account the need to ensure adequate and affordable parking on the Coconut Grove Playhouse site for GableStage personnel and for audiences attending activities presented by GableStage. Miami -Dade 'County and FIU may pursue the potential of additional, compatible development on the property with the objective of generating additional revenues principally dedicated to ensure the viability - and success of GableStage's and FM's cultural and educational programs. This development may address the need for additional parking and complementary site amenities (e.g., retail, restaurants, etc.). The following process would be used to ensure consensus and requisite approvals regarding the scope and character of these elements: Coconut Grove Playhouse Business Plan Page16of16 A masterplan for the Playhouse property would be developed that addressed both the theater and surface parking as well as the potential of future compatible development; • A public process would be used to assess community needs and benefits; • Proposed development is subject to required municipal reviews, including the City of Miami Historic and Environmental Preservation Board, to ensure that the scale, features and ambiance are consistent with the nature of this site and neighborhood; S The business model associated with engaging such development would be driven by the need to generate sufficient revenue necessary for the viability and success of GableStag&s and FIU's cultural and educational programs and sufficient to cover any site -related expenses for which Miami -Dade County, FIU and/or GableStage may be responsible; and • In the case that there may be revenue in excess of that necessary to accomplish the development and address these public purposes, the State would receive an equitable share of the available proceeds. It is important that the need for this additional, compatible development is understood. The steps outlined above would serve as the process for pursuing this option. All parties - the State, FIU and Miami -Dade County - would stay in close communication regarding the evolution of any specific project. In addition, key stakeholders, including GableStage and the City of Miami, would be integrally involved. It is understood that the more detailed development plans that may be developed through this process would be subject to the review and approval by the State pursuant to the terms of the lease. Lrr Attachment A — Florida lnternationai University College of Architecture -I- The Arts (CARTA) — Vision and Mission Florida International University College of Architecture + The Arts (CARTA) Vision and Mission Vision To inspire creative energy by engaging the South Florida community in the process of creating, producing, presenting, promoting, appreciating, and exploring the visual and performing arts Mission - Public Engagement Meetings, conferences, lectures, and symposia Public Performances Plays, concerts, and operas by FIU undergraduate and graduate students as well as visiting artists in theatre, music, and dance. Potential emphasis on children's theatre, Shakespeare, Spanish language theatre, Creole language theatre, new playwrights, etc. Public Visual Art Exhibitions Visual art exhibitions by FIU undergraduate and graduate students Visual art exhibitions by Coconut Grove Arts Festival Graduate Visual Art and Theatre Design Studios FIU graduate art students' and FIU graduate theatre design students' work in studios Post -Graduate Theatre Company Post -graduate students from around world will form artists -in -residence theatre company Post -Graduate Dance Companv Post -graduate students from around world will form artists -in -residence dance company Master Classes Master classes by visiting guest artists provide educational outreach to FIU students, Muni Dade County Public School students, students at private institutions, and the South Florida corn tin ity Service Courses Non-credit courses in theatre appreciation, history of film, acting, playwriting, painting, drawing, photography, jewelry, digital art, vocal performance, music lessons, music appreciation, etc... Attachment A — Florida International University College of Architecture + The Arts (CARTA) Vision and (Mission Classical Radio Station House a classical radio station (Existing station can relocate or start a new station) Live Work Space Affordable on -site housing for visiting professors, professionals, designers, artists, performers, lecturers, students, and scholars. 51 Attachment B - Building Program for 300-seat professional theater oconut rove layhouse —seat • role sional theatre Miamlr FL v1,0 DRAFT Fisher Dachs Associates Theatre Planning & Design April 10, 2008 template v2.0 Cover i Fisher Dacha Associates Theatre Planning & Design Coconut Grove Playhouse - 300-seat professional theatre Miami, Ft, Building Program Summary of Net Square Footage Allocations Proven] Element Programmed Areas Attachment B - Building Program for 300-seat professional theater roklnof °%=Nsf vf,0 4fi10/2008 Wc's Illinois Sinks Showers A Large Hail C Public Spaces G Administration & Building Services E Production Support Total Net Square Felt Estimatod Non -Programmed Areas G Net Area H Walls & Structure 1 SOH Circulation d Mechanical & Electrical K lnnaccessibie areas Estimated Tot= Breakdown By Component A Large Hall 100 Performance Spaces 200 Backstage and Support Spaces Sub Total G Public Spaces 300 Seats 11,290 50% 4,495 2% 2,075 3% 3 7 9 0 4 695 20% 300 Seats 22,555 100% t7 0' 3 0 29 4 55 100% 22,696 100% 63% 2,812 12% 6% 6,512 24% 16% 3,299 15% 9% 1,523 '7% 4% 35,710 158%a 7otatnsf % Nsf 7,055 82% 4,335 38% 11,3,90 100% 9 WC's Urinals Sias Showers 13 2 24 9 700 Front -of -House and Public Spaces Bub Total D Administration & Building Services 800 Administration 900 Sul ing ervices 4,495 100°%a 4,495 100% 1,700 82% 13 Sub Total 2,075 100% E Production Support 1000 Rehearsal Spaces 1100 Costume Shop 1115 Prop Shop 1300 Scenery Sho Slob Total. 1,520 3a% 1,T35 25% 300 % 7,650 36% �,605 100-% 3 1 9 p 0 0 3 0 summary Attachment B , Building Program for 300-seat professional theater 1IILL1 Fisher Dachs Associates Theatre Planning & Design Coconut Grove Playhouse 300-seat professional theatre Miami, FL Building Program Large Hall Summary of Net Square Footage Allocations Category 100 Performance Spaces 200 Backstage and Support Spaces Total Net Square Feet Detailed Space List Performance Spaces Width Depth Height 101 Audit rum 300 Seats 9.6 sf/seat 2,00 Total Nsf 7 065 62% 4,335 38% 11,390 109% Nsf Comments 102 8tagehouse 2,800 Main stage (90' grids 103 Stage Apron.. 80w 35d 60h 2,800 nsf 36' max prosc 35w 3d 105 104 Orchestra Pit 23 musicians 420 Overhung Area Lift 35w 5d 35w 7d 175 nsf 245 nsf v1.0 411012006 105 Trap Room 20w 16d 106 Orch Pit Wagon Storage 107 Counterweight Pit 108 Dimmer Room 109 Amplifier Rack Room 110 Lighting Control Booth 111 Sound Mix Location at Rear of Main Level 112 House Sound Control Wagon Storage Room at Rear of Main Level 113 VIP's 1 Director's Booth (Audio Description Room 114 Crying Room f Photonraphers Booth 115 Projection Booth 116 Forlowspot Booth Sub -Total Ow Od 320 Begins about 6` upstage due to uitdepth 0 0 100 80 200 0 0 0 0 0 none 150 a fa two operators 7,055 62% A - Large Hair -1 IiiIL\ Fisher Dachs Associates Theatre Planning & Design Coconut Grove Playhouse - 300-seat professional theatre Miami, PL Building Program Backstage and Support Spaces PerformerAccommodations Attachment 8 - Building Program for 300-seat professional theater v1,0 4/10/2008 201 Dressing Roorns .03 (2) Star Dressing Roam (t&s) .05 (1) Faur person Principe Dressing Rm (t&s) .07 (2) Eight -person Principal Dressing Rm (t&s) .08 (0) lc -person Chorus Dressing Rm Os) Total accommodations 2 occ. 16w 18d 4 ow, 11w 23d 18 occ. 18w 28d 0 occ. 18w 30d 22 coo nsf 580 nsf 250 nsf 1,000 nsf 0 nsf 1,830 202 Off-stage Left and Right toilets (2 Unisex ca 60) 120 in hallway adjacent to 203 Performer's Lounge 204 Vending Machine/Pay Phones/Coffee Alcove(s) 205 Call Board 206 Pit Musician's Assembly Area 23 musicians 207 Pit Musicians' / Genera' Use Restrooms 0 tars 0 WO's for women 0 Airs; 0 urinals, 0 wo's for men 208 .aokstage elevator (5 x 8 cab, 2 stops) Performer Support/ Work Areas 209 Wardrobe Maintenance Room 210 Wigs & Maks-up Running Room 211 Laundry 212 Backstage Catering Pantry 213 Multi-Purp9%e / Rehearsal Room Staff Accommodations 0 nsf 0 nsf 300 In gross in gross stagehouse 0 0 140 0 0 100 Space for2 house washer and dryers, folding 0 cast & crew meals, star hospitality Ow od Oh 0 214 House TD-SM Office 100 215 House Asst Prod Mgr Office 100 216 Visiting Company Mgmnt Office 0 217 Visiting Stange Mgmnt& Design Office 0 218 Crew Lounge, k'ette, malt` lockers, m&f toilets, showers Z50 219 Wardrobe Crew Lounge 0 A- Large Hall -2 FBA\ Fisher Dacha Associates Theatre Planning & Design Coconut Grove Playhouse 300-seat professional theatre Miami, FL Building Program Receiving & Storage 220 Stage Door Lobby Attachment B - Building Program for 300-seat professional theater v1.0 4/1012008 100 also series offices, other theater 221 Stage Door Security Desk 1 Saa'ty Equipment 100 also serves offices, other theater 222 Stage loading dock for up to (2) - 53' trailers on 20' road tractors and one durnpster 223 Stage receiving & assembly (20` high) 20w 15d 20h 300 224 Tool Room, Repair Shop 225 Road Box Storage exterior 100 0 226 Paint / Pyro Lock up 227 Lighting Storage, repair, gel, templates 228 AN Shop & Storage 229 Piano Storage 35 150 100 110 two uprights, climate controlled 230 Run Crew Su Pies toe loves flashll hts radios a#c. 0 231 General Storage (Risers, Softgoods in Hampers. Ladders, Air-lifts, etc) 250 232 Dance Surface Storage - 0 233 instrument Storage 0 drum kit, etc, 234 Stand and Chair Storage (for oft) 160 235 Frleght Elevator (0 stops, 8 x 12 cab) 0 Sub Total 4,335 38% Total Net Square Footage 11,390 100% A- Large Hall - 3 Ala Fisher Dachs Associates Theatre Planning & Design Coconut Grove Playhouse 300-seat professional theatre Miami, FL Building Program Public Spaces Summary of Net Square Footage Allocations Category Attachment B - Building Program for 300-seat professional theater Total Nsf v1.0 4/1012008 700 Pit of House and Public Spaces Total ket Square Feet Detailed Space List Front ot, °use and Public Spaces 701 Box Office Sa1es Area Sales Windows, 2 c 50sf Coffee area, unisex restroom (1) Managers' Office Staff Work Area kr2 Computer Room /Copy Roam suppiles, records storage 702 Box Office Foyer Area Width Deltbr Height 4.495 100% 4,495 100% 100 nsf 0 nsf 100 nsf nsf 0 nsf 0 nsf 200 200 703 Large Hall Public Circulation c�r7 7.0 nsf per seat 2,100 Lobby Total 3,0 nsf per seat 900 nsf Public Circulation 4,0 nsf per seat 1,200 nsf 704 Large Hall Public Restrooms © 1 fxtr/ 25 seats 12 I Ctrs 610 2 Individual unisex Weep assist restrnom(s) 120 nsf 7 wc's for women 350 nsf 3 bars; 2 unhals, 1 wc's for men 140.nsf 705 Patron Services Desk (binoculars, hearing systems, disabled assistance, info) 706 F.O,H. Equipment Storage (rain runners, etc.) 707 Program Storage 708 House Manager and Usher Coordinator's Office 709 Volunteer Ushers (10j locker and break room 710 Public Elevators (2 - 5 x 7 cabs. 2 stops) D - Public Spaces -1 Mc/ in lobby allow, 60 30 150 0 Comments with vault small half -lockers 255 TBD based on design PiloLr-U Fisher Dachs Associates Theatre Planning & Design Coconut Grove Playhouse - 3OO seat professional theatre Miami, FL Building Program Donor Accommodations & Special Events 711 Patron's Lounge / Event Room BarArea Lounge Area for 15 seated Patrons (for dinner) Furniture storage Restrooms; 1 Individual unisex h'cap assist restroom(s) Support- 2/3 Pantry , 1/3 Storage Concessions& Safes 3D standing 0 &trs Attachment B - Building Program for 300-seat professional theater 0 nsf 315nsf 125nsf 60 nsf 0 nsf v4,0 4/1012008 50D discuss this pantry serves all events in public spaces - confirm size with local cat- rer 712 Service Bars (5 iln ft for each 200 patrons) Fixed locations 2 locations 2 locations 10 linear ft 100 allocate proportionally 713 Bar & Concession Storage & Prep Rm(s) 100 Wino with food svo consultant • distribute as needed 714 Concession Managers Office 100 715 Bartenders (0) locker room 0 ��. 715 Sales Kiosk Staging l Storage 100 D - Public Spaces - 2 Dn,Fisher Dachs Associates Theatre Planning & Design Coconut Grove Playhouse w 300-seat professional theatre Miami, FL Building Program Exterior Requirements & Sitework 717 Connections to Parking Garage 718 Drop-off & valet pkg plaza/Porte Cochere 719 Bus & School Bus Parking & Cueing 720 SIgnage & poster cases 721 Streetscaoe features 722 Truck & van Parking C7 Stage Door, Loading Docks, Food Service body Trash area 723 Video/Audio remote truck parking[ (3 semi's) Attachment B - Building Program for 300-seat professional theater v9.0 4/10/2008 exterior exterior exterior exterior exterior exterior ex __-- exterior - 724 Durnpster pads!recyling bins exterior Sub Total exterior • total Net Square Footage 4,495 I GO% Public Spaces-3 ])Z Fisher Dachs Associates Theatre Planning & Design Coconut Grove Playhouse - 300-seat professional theatre Miami, FL Building Program Administration & Building Services Summary of Net Square Footage Allocations Category Total Nsf Attachment B - Building Program for 300-seat professional theater ri o 4/10/2008 800 Administration 900 Building Services 1,700 82°% 375 18% Total Net Square Feet 2,075 100% Detailed Space List Administration Comments 801 Admin Offices (staff of 8 FTE) 750 802 Sect / Reception 803 Kitchenette 1 sect' & waiting 200 804 Small Conference Room 805 Large Conference Roam 806 AN Archive Library 807 PR / Advertising Storage 808 Work Room 0 225 0 0 80 0 809 Copy & Supply 810 File Room 1 Storage 811 Dead Storage 50 150 a 812 Computer Room 813 Rest Rooms 80 150 814 Janitors' Closet 15 Sub Total Building Services deleted 1,700 82% 901 Building Engineering Office 902 Maintenance and Operations Office 903 Janitorial supplies storage 904 Janitorial crew lockers 905 Janitors' Closets 15 nsf Large Hall 80H Stuck, Thtr BON Public Areas Admit] Sub Total 2 30 nsf 0 0 nsf 1 15 nsf 1 15nsf 90 0 100 125 60 375 8% Total Net Square Footage 2,Oi& 100% B-Admin &Svcs-4 LIZ Fisher Dachs Associates Theatre Planning & Design Coconut Grove Playhouse r 300-seat professional theatre Miami, FL Building Program Production Support Summary of Net Square Footage Allocations Category Attachment B - Building Program for 300-seat professional theater Total Nsf v1.0 4/10/2008 1000 Rehearsal Spaces 1100 Costume Shop 1115 Prop Shop 1300 Scene Sho. Total Net Square Feet Detailed Space List Rehearsal Spaces 1001 Rehearsal Haft A 1002 Stage Mgrnnt Office for A 1003 Rehearsal Storage for A 1004 Janitors' Closet Sub Total Costume Shop 1101 Costume Directors Office 1102 Costume Workroom Manager's Office 1103 Costume Design Office Width Depth Height 40w 36d 20h Width Depth Height 1,520 33% 1,135 25% 300 7% 1 660 36 J 4,605 100% Comments 1,400 discuss sizes 0 100 20. 1,520 100% 120 secure 0 secure, w/ window Into workroom 0 secure 1104 Show Set-up Room 1105 Costume Workroom 1106 Forms Storage 1107 Fabric Storage 1105 Dye Shop 1109 Crafts Room 0 40 LF pipe rack, box storage 600 Windows, power supply, ventilation a 0 100 Outside exhaust, power supply, water, spray booth, adjacent ta. Workroom 0 Outside exhaust, power supply, water, share dye spray booth 1110 Spray Booth 0 outside exhaust power supply, Water, share dye spray booth 1111 Fitting Rooms 0 10 x 11.5 foot "mice ; mirrors, 10' liforheadgear 1112 Wig Shop 1113 Understudy & Active Storage 1114 Janitors' Closet 0 0 15 1115 Costume Storage Sub Total 300 1,135 100% F- Praductran Support-1 L) lir La Fisher Dachs Associates Theatre Punning & Design Coconut Grove Playhouse - 300-seat professional theatre Miami, FL Building Program Prop Shoo 1116 Hand Prop Storage 1117 Secure Prop Storage Attachment 13- Building Program for 300-seat professional theater Width Depth Height 200 secure 100 secure Sub Total 300 100% Scenery Shop Width Depth Height 1301 TC?'s ()Moe 150 seatee v1.0 4110/2008 1302 Welding Area 0 1303 Wood Construction Area 20h 1,500 1304 Paint Area Sub Total 1,650 100% Tool Net Square Footage 4,605 100% F - Production Support- 2 Attachment C — GabieStage: background information 111 GAMES -LAW and t lissio'r Our mission is to provide South Florida with classioal., contemporary, and original theatrical productions of artistic excellence. We fully embrace the challenges of working in this multi -cultural community, and continually seek to create innovative productions that entertain as well as provoke_ For fifteen seasons, GableStage has been at the cutting edge of theatre in South Florida, striving to present the most vital works of contemporary playwrights worldwide. In addition to our main -stage productions, we present a robust series of Educational Programs to thousands of fazrri-Dadc County Public Schools every year, 'with both in-house and school tour productions. We also mount several free productions at off -site venues every year to provide theatre to undersersred communities throughout Misi Dade County. Founded in 1979 as Florida Shakespeare Theatre, GableStage originally performed the plays of Shakespeare in repertory, using the outdoor Casino Gardens at Vizcaya. _From 1987 to 1992, Florida Shakespeare Theatre was housed in the Minorca Playhouse in Coral Gables, until it was destroyed by Hurricane Andrew. But the theatre continued to produce at the Carousel Theatre in Coral Gables in 1993 and 1994. In 1999, the theatre moved to its current home, the historic Biltmore Hotel, and became GableStage. "i i 1,�Frril its vt -. `Yhd lien•rif p.ini?:'+DD( r�aann'n GableStage provides opportunities that address the critical needs of an arts integrated curriculum in the classroom. In a quantitative study, the College Entrance Examination Board found that from 2001 to 2005, students who were involved or exposed to theatrical and artistic experiences scored an average of 50% higher on the verbal and mathematics sections of the SAT (AATE, 2012). There is a great need for educational opportunities that foster an environment conducive to learning through the performing arts, and GableStage works strategically to implement such programs. Our special morning performances are provided free of charge exclusively to underservedMiami-Dade County Public High School Students. We coordinate with the Miami -Dade County Public Schools Division of Life Skills to grange student attendance at these perforances. The approximate demographic breakdown of the students we serve is as follows: 40% Hispanic, 30% African - American, 25% White, and 5% Asiauilndian/Other. We serve male and female students with or without disabilities, between the ages of 13 and 20. Attachment C GableStage: background information rng;'Striate g• , GabieStage pursues a mufti -pronged marketing strategy, combining blanket advertising and coverage in local media —television, print and radio --with a well -developed and constantly growing contact list consisting of thousands of email and physical addresses. We were also among the first theatres in South Florida to begin to use social media, and continue to seek the most innovative ways to interact with our audiences. Newspaper advertisements are routinely placed in the major South Florida newspapers: THE MIAMI HERALD, THE SUN SENTINEL, THE PALM BEACH POST and THE MIANB NEW TIMES. We have also utilized online advertisements in the internet editions of all of these outlets. As appropriate to the season/current production, advertisements are also placed in the SUNPOST, ENV MAGAZINE, CORAL GABLES GAZETTE, and EL NUEVO HERALD. Regular advertisements are also placed in South Florida magazines, such as AROUNDTOWN and the JEWIISH JOURNAL. With regard to radio and television, the quality of the material presented at GableStage has been successful in attracting media coverage from Metro --Dade Television and WLRN Public Television. Most recently, we have participated in interviews on Channel 33 in South Florida and on HOT 105.1, one of South Florida's most popular minority radio stations. Public service announcements are provided by radio stations including a major sponsor, WLRN and by CLASSICAL SOUTH FLORIDA. GableStage subscriber mailing lists are consistently increasing. These lists are used for email and hard copy bulk mailings_ We send out direct mailings in South Florida of 17,000 postcards and 1,200 invitations per production. At the beginning of each season over 22,000 Season brochures are mailed to our local, regiona 1 and national subscribers. Our email contact list is over 10,000 strong, and we regularly add new contacts through our website, which also offers visitors the opportunity to become Season ticket holders. o'LAi 'Es GableStage has mounted a six -play season every year since our move to our current location in 1999, and consistently received excellent reviews, as well as winning the Carbonell Award for Best Play and Best Director seven times, and Best Musical Carbonell Award twice. Overall, we have received 187 Carbonell nominations and won 50. Our touring productions of classic plays have served over 1 million. Miami -Dade County Public School students since our founding as Florida Shakespeare Theatre in 1979. cog Attachment C— GableStage: background information 2eD4D4 THE GOAT by EDWARD ALBEE Attachment D - Coconut Grove Playhouse Questions and Answers FlU I Coconut Grove Playhouse Questions and Answers Question 1: Will the proposed operating agreements with GableStage and other operators for parking, groundskeeping, etc., require any real interest in property? If so, Chapter 18- 2, F.A.C., requires competitive bidding and payment of market rent. • The Business Plan proposes that these agreements be in the form of operating a agreements and this takes into account the fact that the partners already are identified and that these relationships involve highly specialized functions. Miami -Dade County has informed us that they have operating agreements with a number of non-profit cultural organizations to manage and program property that the County owns and/or has developed and that while these agreements must be approved by their County Commission, they do not go through a competitive process given the specialized nature of the arrangements. Naturally, we will review all of this with our respective attorneys to be sure that we are following the correct process and/or pursuing allowable exceptions. It is essential for the success of the Business Plan that the relationships described in the Governance and Organizational Structure section can be achieved. Question 2: Page 12 references an estimated $132,500 in 'other revenue' of which parking fees are included. This is about 5% of the overall revenue; however, the Plan further states that the amount of parking revenue available will affect the extent of programming that GabieStage will be able to present. Will the extent of programming depend on parking fees? • The explanation in the Business Plan for this statement is on page 10 and is the bullet point that states: "Any parking revenue available after the County's site expenses are covered is committed to helping support GabieStage. Miami -Dade County has committed operational subsidies to its other non-profit cultural partners to ensure their success in operating and programming County facilities, Although the County cannot afford to allocate tax funds to another partner, these parking revenues, to the extent that they are available, can help GableStage achieve the mutually desired goals of financial viability, programming excellence, educational partnerships and public service." This amount of money would constitute a single, major contribution to any non-profit cultural organization and as such help significantly with meeting their revenue goals. The County also points out that as projected, the amount of these parking revenues is lower than most of the subsidies it provides to its non-profit cultural partners;. the parking revenues are projected conservatively and would help even more if the amount of the actual revenues is greater. Question 3. Is a copy of the agreement with GableStage available for review? a There is no contract yet The agreements between GabieStage and the County and FIU will be drafted once there is a reasonable assurance that the Business Plan will move ahead and there will be a building that the County will have GabieStage manage and program. GableStage has reviewed the draft Business Plan and is in agreement with 1 Attachment D - Coconut Grove Playhouse Questions and Answers the business points that it contains and that will serve as a basis for the agreements (please see pages 5-7 of the Business Plan). FIU will be involved in reviewing the agreement between the County and Gable,Stage in order to ensure that those elements affecting programmatic partnerships between FIU and GableStage are accurately incorporated. Please note that ultimately, the County Commission must approve their operating agreement. Question 4. GableStage currently has a 6-play season at their current location. Elow many productions per year are anticipated? • GableStage will continue to produce a 6-play annual season. Activities presented by FLU and joint FIU-GableStage presented events will be coordinated with the schedule for GableStage's season. It is important to note that this season_(with its rehearsals, previews and outreach elements) Will be complemented by other important activities presented by GableStage including play readings, educational performances for students, .productions by other small theater companies designed to mentor their work, etc. GableStage produces this array of activities year-round and will continue to do so at the Playhouse. Question 5. Will any h';LJ production have to involve GableStage or eat) they be separate productions? • The relationship between FIU and GableStage will include both separately -produced FIU activities and collaborations between AU and GableStage. It is anticipated that given the exciting benefits of the synergy between FIU and GableStage, there will be more of the latter. Question 6. Will FITl students play an educational role in any production at the Playhouse? • FIU envisions a strong educational roleforstudents and faculty, including but not limited to performance, directing, set -design, lighting, costuming, stage management, arts management, and/or marketing/public relations. It is anticipated that students could understudy and/or intern with GableStage gaining the experience of working in a professional regional theater company. The Business Plan explicitly emphasizes this meaningful role on page 3 - "FIU will have a partnership with Miami -Dade County and GableStage, one of the region's preeminent non-profit theater -companies and the designated operator of the regional theater facility, and can establish programs to enhance the work of FlU's College of Architecture + The Arts (CARTA) and specifically, its Theater Department, for teaching and learning, research, and performance activities (e.g., student internships; workshops with practicing theater professionals; university —sponsored performances; opportunities for theater and arts faculty to develop professional credentials through acting, directing, set and costume design, production and technical aspects of lighting and sound, etc. - and 2 Attachment D - Coconut Grove Playhouse Questions and Answers on page 6 -"FiU will have certain defined benefits with GabieStage that take into account the Oats of the Business Plan for F1U's students, faculty and the community. These benefits will be agreed upon in writing between FIU and GabieStage before the County's execution of an operating agreement with GabieStage, which agreement shall reference and/or incorporate the benefits. While not exhaustive in scope, anticipated benefits may include joint marketing, signage and promotion; GabieStage and FIU faculty and staff affiliations; workshops and master classes; use of the facilities; and other benefits necessary to advance FIU, Miami -Dade County, and the Coconut Grove Playhouse? Question 7, Will there be any classroom work on site? o FIU will develop credit and non-credit programs for the site focusing on theatre, dance, musical theatre and music, As mentioned in the Business Plan, there are models nationally that successfully link coursework of universities with the activities of a professional regional theater. Question 8. Non-credit courses are visualized, but will credit courses also be offered? • FIU cart offer a wide range of credit courses from non -major introductory courses in theatre appreciation, modern dance, introduction to acting, etc. to coursework within the majors, including undergraduate theatre, undergraduate and graduate music and masterciasses with the theater professionals working at GableStage. Question 9. "Live Work Space" is visualized, but no such area is shown on the Fisher Dachs Associates building program (Attachment B to the Business Plan). o The Fisher Dachs Associates building program is a preliminary one done to demonstrate the basic elements of a professional regional theater. The actual design work for the project would begin anew with a programming phase that would include the essential elements for a regional theater (front -of -house, audience chamber, stage, back -of - house) and other ancillary components such as parking, etc. it is anticipated that the possibility of artists' live work space would be explored and there have been preliminary suggestions that space for this function as well as for offices and classrooms might be redeveloped in the existing Playhouse structure that fronts Charles and Main streets (these spaces had been used for these purposes in the past). These design opportunities will be explored thoroughly once an architectural team is chosen competitively and they will be prioritized and measured against the available budget. This is envisioned as a collaborative process among FIU, Miami -Dade Count and GabieStage. Question 10. While the p an anticipates many activities that could occur at the Playhouse, definite activities at present are the plays by GabieStage and symposiums by a keynote speaker for the student body. Can you provide more specifics regarding educational 3 Attachment D _ Coconut Grove Playhouse Questions and Answers opportunities planned for the Playhouse because education is a key component of the lease? • The answers to some of the questions above should provide you with a better feel for just how intensive and educationally integrated the activities at the Playhouse will be. In addition to the ongoing coursework, internships and other uses by FIU students and faculty described in these earlier answers, FMU's Department of Theatre independently will produce one major production (2-week run) each year and the School of Music will present one .performance at the Playhouse per semester. The concept is that student classes and internships will be the ongoing educational function on the Playhouse campus and these performances will be the higher visibility events spotlighting FIU's programs for the public Question II. Is the role of the Playhouse to be a source of revenue for the university, or will. tine Playhouse focus as an educational facility where students participate in activities to earn college credits, with theatrical productions by GableStage as a secondary activity? • It is important to emphasize that a professional regional theater company (i.e., GableStage) intensively utilizes a theater for productions, rehearsals, educational programming, etc., thereby providing FIU with unique educational opportunities. The partnership between FIU and GableStage Is the integrated model described in the earlier answers where students and faculty take advantage of these unique opportunities for learning and professional experience that are offered by affiliation with a regional theater. While the emphasis is on these extraordinary educational benefits, FIU also will pursue the real -world revenue generating opportunities that are inherent in a high profile partnership like this one (and this, in and of itself, can be of educational benefit, teaching students the business aspects of theater and music). Additional key points provided by FIU Mrs proposal is designed to create a $20 million state-of-the-art theater facility on property to, be owned by FIU, through a State lease and at no cost to FIU. FIU and its partners, Miami -Dade County and GableStage, have well -documented and long histories in the following areas: FIU has a strong commitment to the arts through its academic programs and through its activities occurring at the Frost Art Museum, the Wertheim Center for the Performing Arts and at off -campus venues throughout the County. The County has extensive experience in the design, construction and management of large-scale performing arts facilities and In working with nonprofit arts organizations to assure programmatic and financial success. GableStage has a twenty year history as the preeminent theater in Miami -Dade County, has successfully maintained relationships with local schools and colleges and already provides educational programming for more than 10,000 students annually, and each year, presents a program of the highest quality theater performances for the community_ 4 L1 Attachment D - Coconut Grove Playhouse Questions and Answers • GabEeStage's theater season is original and unique each year, GabieStage already utilizes local students -and professionals in its productions together with playwrights, directors and actors with international recognition. With the proposed relationship, FEU, Miami -Dade County and GabieStage will work together to create the maximum benefits for the university and for the community at large. • All three partners are convinced that the creative and collaborative process we have embarked upon is such that the opportunities for educational activities and collaborations are unlimited_ To the extent that more structured specifics are not in place is to be expected at this very early stage in the process. However, FHU is equally convinced that as it develops more definition, the collaborative opportunities will grow and evolve in number and in depth. At its core, the Business Plan represents far more than a commitment to a certain number of student opportunities or a certain number of days of a particular activity annually, FEU, GabieStage and the County are making a commitment to a collaborative process designed to create opportunities for the FEU theater, music and arts programs in every aspect of the use and operation of a magnificent theater that is being constructed with County funds and operated by GabieStage and its commitment to meeting operational costs. 6 Attachment E — Miami -Dade County Operating Agreements with Non -Profit Cultural Organizations Miami -Dade County has a number of operating agreements with nonprofit arts groups to manage property for County; these relationships have had a track record of success for decades. The County requires these non-profit organizations to go through an annual budget review process (identical to the process that a County department is subject to) and to submit annual reports (which include a financial audit), all with the objective of demonstrating that the public is being served programmatically and that the non-profit organizations are maintaining a satisfactory level of operational and fiscal responsibility. GableStage will be required to adhere to this same review and monitoring regimen. The County's Depat latent of Cultural Affairs has the lead responsibility for this oversight and the County's Office of the Mayor and Office of Management and Budget are directly involved as well. Miami -Dade County's relationships with these nonprofit organizations go far beyond what the term "monitor" usually means — the County is a de facto partner and helps with resolving issues in real time. As a result of these oversight practices, Miami -Dade County has a solid track record for fiscal, operational and programmatic success with the non-profit organizations that are managing properties en its behalf. It should be noted that new buildings currently are under construction for the Miami Art Museum and Miami Science Museum in downtown Miami's Museum Park. The operating agreements with the museums for their new sites provide for a fifty year term, with two renewable twenty-five year periods. Below is a list of examples of these current Miami -Dade County partnerships with major cultural institutions. H istoryM iami Duration of Operating Agreement (to date): 41 years FY 2012-2013 Operating Budget: $3.06 million - - FY 2012-2013 County Grant Support:- $1.46 million Description of Non-profit Organization: HistotyMiami, formerly known as the Historical Association of Southern Florida, is the prernier cultural institution committed to gathering, organizing, preserving and celebrating Miami's history as the unique crossroads of the Americas. The museum accomplishes this through exhibitions, city tours, education, research, collections and publications. HistoryMiami is located in the downtown Miami Cultural Center and is preparing for a major expansion into the adjoining building that formerly housed the Miami Art M useum. Attachment E — Miami -Dade County Operating Agreements with Non -Profit Cultural Organizations Miami Art Museum Duration of Operating Agreement (to date): 26 years FY2012-2013 Operating Budget: $11.72 million FY 2012-2013 County Grant Support $1.53 million Description of Non-profit Organization: The Miami Art Museum is dedicated to collecting and exhibiting international art of the 20th and 21st centuries with a special emphasis on art of the Americas. The museum's collection has grown steadily and now comprises more than 1,300 works across a range of media. A new Herzog & de Meuron-designed building for the museum is under construction in downtown Miami's Museum Park. The Perez Art Museum Miami (PAMM) will open to the public in December 2013. The new Perez Art Museum Miami will strengthen the museum's role as a vital cultural and educational center and provide generous spaces to showcase the museum's art holdings and attract more top caliber exhibitions. Miami Science Museum Duration of Operating Agreement (to date): 53 years FY 2012-2013 Operating Budget: $6.66 million FY2012-2013 County Grant Support: $1.00 million Description of Non-profit Organization: The Miami Science Museum inspires people of all ages and cultures to enjoy science and technology. During the last decade, the museum has grown to 4,000 Member families, over 250,000 annual visitors, one of the largest summer science camps iri the nation (ages 3 to 14) and countless additional exhibits, collections and activities. A state- of-the-art new Patricia and Phillip Frost Museum of Science is now under construction in downtown Miami's Museum Park and scheduled to open in early 2015. Structured around a lushly landscaped indoor and outdoor "living core" of terrestrial and aquatic exhibits, featuring one -of -a -kind aquarium components, a state-of-the-art digital dome, hands-on exhibits and interactive digital technology, MiaSci will offer one of the world's most exciting museum experiences. Every aspect of the three-story, 250,000-square-foot MiaSci building is designed to inspire the mind, engage the senses and stimulate the imagination. it will also be a unique educational resource for people of all ages, cultures, and economic backgrounds. 13 Attachment E Miami -Dade County Operating Agreements with Non -Profit Cultural Organizations Performing Arts Center Trust (Adrienne Arsht Center for the Performing Arts) Duration of Operating Agreement (to date): 17 years FY 2012-2013 Operating Budget: $34.66 million FY 2012 2013 County Grant Support: $8.96 million Description of Non-profit Organization: Situated at the cultural crossroads of the Americas and in the heart of one of the world's fastest -growing urban centers, the Adrienne Arsht Center for the Performing Arts of Miami -Dade County is one of the largest performing arts centers in the nation. Strategically located in downtown Miami, the Arsht Center occupies 570,000 square feet along historic Biscayne Boulevard between N.E. 13Th and 14th Streets. The Arsht Center was designed by world-renowned architect Cesar Pelli of Pell! Clarke Pell and includes the 2,400- seat Ziff Ballet Opera House, the 2,200-seat John S, and James L. Knight Concert Hall and the Carnival Studio Theater, a flexible black -box space designed for up to 300 seats. As a focal point of Greater Miami-Dade's diverse cultural life, the Arsht Center enlightens, educates and entertains audiences with a year-round schedule of performing arts events. `13 Exhibit F— Coconut Grove Playhouse Property Location Map and Information Folio Building Square Footage Lot Size Property A 01-4121-045-0140 Property B 01 4121-056-0030 50,470 sq. ft, 5,023 sq. ft. 100,188 sq. ft. (2,3 acres) 6,840 sq. ft. Total 55,493 sq. ft. 107,028 sq. ft. (2.45 acres) The entire site has been designated historic by the City of Miami Historic and Environmental Preservation Board. AGREEMENT BETWEEN ETU AND 11 DC REGARDING GARDING COCONUT GROVE PLAYHOUSE THIS AGREEMENT ("Agreement"), made and entered into this day of 2013, between MIAMf-DADE COUNTY, FLORIDA, DA, a body corporate and politic existing under the laws of the State of Florida whose business address is 111 NW First Street, Suite 625, Miami, Florida. 33128, Attention: Department of Cults Affairs (the 'NBC or County"), and FLORIDA INTERNATIONAL UNIVERSITY BOARD OF TRUSTEES, EES, by and on behalf of FIU, a public body corporate of the State of Florida whose business address is: Florida International University, Modesto Maidique Campus, 11200 S.W. 8th Street, FC 523A, Miami, Florida 33199, Attention: Senior Vice President and Chief Financial Officer ("Its"). FIU and MDC or County are sometimes referred to in this Agreement individually as "Party" and collectively as the "Parties." WrTNESSETJf WHEREAS, MDC and PJIJ ("Co -Lesser") have exeeuted or soon will execute Lease Agreement No. 4721 with. the Trustees of The Internal improvement Trust Fund of the State of Florida ("Lessor") covering the Coconut Grove Playhouse Property which is attached hereto as Exhibit A and is incorporated herein by reference ("Coconut Playhouse Lease"); WHEREAS, the purpose of this Agreement is to set forth each Party's role and responsibilities as Co -Lessees under the Coconut Grove Playhouse Lease; and WETER AS, MDC and FIU have agreed that the most efficient and effective use of their respective resources would be for MDC to assume the primary role under the Coconut Grove Playhouse Lease and FIU would focus on the academic components required under the Coconut Grove Playhouse collaboration. NOW TIKREFORE, in consideration of the mutual covenants herein and other good and valuable consideration, the receipt Red sufficiency of which is hereby agreed to by the Parties, the Parties hereby agree as follows: 1. Recitals: The Parties hereby acknowledge and agree that the above recitals are true and correct and are incorporated herein by reference. 2, Term: The term. of this Agreement shall be simultaneous with the Term of the Coconut Grove Playhouse Lease. 3. Coconut Grove Playhouse Lease: The respective duties and obligations of MDC and FIU under the Coconut Grove Playhouse Lease are as follows: (a) MDC duties and obligation: FRI and IvffiC have agreed that MDC has assumed sole responsibility for timely performing the terms and conditions of the Coconut Grove Playhouse Lease which shall include, but may not be limited to, undertaking any and all financial, legal or other obligations necessary to carry out the terms and conditions of the Coconut Grove Playhouse Lease_ MDC shall also be entitled to direct and oversee the Business Plan pertaining to the Coconut Grove Playhouse Property and MDC be entitled to all rights under the Lease pertaining thereto, including the right to receive rem, profits and income, if any, generated. The Coconut Grove Playhouse Business Plan is itself attached as an exhibit to the Lease. (b) FIU duties and obligations: FIU and MDC have agreed that FIU shall not knowingly take Page 1 of 5 11. any actions or steps that would trigger a default under the Coconut Grove Playhouse Lease. FIU shall observe the Lease terms but shall not have affirmative obligations to perform same. FItJ will cooperate and work with and facilitate the proeessing of any documents, or actions required to be prepared or performed by MDC that need to be submitted to the Trustees of the Internal Improvement Trust Fund in connection with the Lease, or for NIDC to otherwise perform the obligations under the Lease and the operations of the Playhouse. Without MDC's express written consent, MU shall not make or incur any agreements, promises, liabilities or obligations affecting or purpoitiug to affect the Playhouse property or operations of the Playhouse, and shall not create or permit to be created any assessments, liens or encumbrances ofanykind on or related to the Playhouse property. 4_ Indemnification: (a) MDC to FIU: To the extent permitted by applicable laws, in consideration of FIU's entering into the Coconut Grove Playhouse Lease and this Agreement with the MDC which includes but may not be limited to all of Miami -Dade County's obligations and responsibilities under the Lease, Miami Dade County shall indemnify and hold harmless FIU from and against any and all liability (monetary or otherwise), ,claims, including but not limited to contractual claims, and proceedings of any type (including reasonable attorney's fees and costs at all tribunal levels and pre -litigation and post - litigation) (collectively referred to herein as "Claims") that may arise in connection with this Agreement and I DC's obligations hereunder, the Lease and the Coconut Grove Playhouse Leased Premises, directly or indirectly, and regardless of when suoh Claim(s) arose and regardless of who submits or files such Claims, except to extent caused by the negligence or misconduct ofPIU, its employees and/or agents and then only to the extent caused by FIU, its employees and/or agents. _ (b) F1U to MDC: To the extent permitted by applicable laws, FIU shall inderanify and hold harmless NIDC from and against any and all liability (monetary or otherwise), claims, including but not limited to contractual claims, and proceedings of any type (including reasonable attorney's fees and costs at all'tribunal levels and pre -litigation and post -litigation) (collectively referred to herein as "Claims") that may arise in connection with this Agreement and FTU's obligations hereunder and FIU, its employees and/or agents academic activities within the Coconut Grove Playhouse Leased Premises, except to extent eau.sed by the negligence or misconduct of MDC, its employees and/or agents and then only to the extent caused by MDC, its employee, and/or its agents. The indemnification provisions set forth in this Section 4 shall survive expiration or early termination of this Agreement and the Coconut Grove Playhouse Lease. 5. Default: In the event of a default by either party under this Agreement and a failure by the other party to cure sage within ten (10) days after receipt of written notice thereofa and without limitation of any rights and remedies available under or on account of the Lease, the other party shall be entitled to pursue any and all remedies available at law or in equity. 6. . Authority: (a) FIU Authority: NU is a public body corporate of the State of Florida pursuant to the terms of Florida Statutes Section 1001.72, and F1U has full power to execute, deliver, and perfonmi its obligations under this Agreement. The execution and delivery of this Agreement, and the perforrn.anee by FIU of its obligations under this Agreement, have been duly authorized by all necessary actions of F1U, and do not contravene or conflict with any rules, regulations, policies or laws governing FIU, or any other agreement binding on FIU. The individual(s) executing this Agreement on behalf of FIU has/have fall authority to do ,so, (b) MDC Authority: The County is a body corporate and politic existing under the laws of the Page 2 of 5 (71P State of Florida, and the COUNTY bas full power to execute, deliver, and perfemi its obligations under this Agreement. The execution and delivery of this Agreement, tnd the perfariaance by the COUNTY of ifs obligations tinder this Agreement, have been duly authorized by all necessary action of the COUNTY, and do not contravene or conflict with any rules, regulations, policies or laws governing the COUNTY, or any other agreement binding olithe COUNTY_ The individnal(s) executing this Agreement on behalf ofthe COUNTY has/have full authority to do so. 7. Miscellaneous: (a) Waiver: The failure of either Party hereto to insist in any one or more cases upon the strict performance of any term, covenant or condition of this Agreement to be performed or observed by the other Party hereto, shall not constitute a waiver or relinquishment for any subsequent failure to perform any such term, covenant or condition. (b) Successors and Assigns: The terms, covenants and conditions of this Agreement shall be binding upon and shall inure to the benefit of the Parties, and their respective successors and assigns. (c) Notices: All notices, demands, or other writings in this Agreement provided to be given or made or sent, or which ;may be given or made or sent, by either party to the other shall be deemed to have been fully given or made or sent when made in writing and hand- delivered or deposited in the United States mail and sent by certified or registered mail all postage prepaid, and addressed to the Parties at their respective addresses set forth in the Introductory Paragraph of this Agreement. The party's may change their respective addresses noted above by providing the other party with prior written notice in accordance the terms of this provision. (d) Governing Law/Venue: This Agreement shall be governed by and construed and enforced in accordance with the Laws ofthe State of Florida. The venue for any action under this Lease shall be in Miami -Dade County Florida_ (e) Severability of Provisions: The provisions of this Agreement are severable, and if any provision, or any portion thereof, is determined by a court of competent jurisdiction to be invalid, illegal, or unenfor ceable for any reason, any remaining portions of that provision, and all other provisions of this Agreement, shall remain valid and enforceable to the fullest extent permitted by law and equity in order to give effect to the parties' intentions t-nder this Agreement. (f) Entire Agreement: This Agreement shall constitute the entire Agreement between the parties. Any prior understanding or representation of any lcind preceding the date of this Agreement shall not be binding on either party except to the extent incorporated in this Agreement. (g) Modification of Agreement: Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if evidenced in a writing signed by each party or an authorized representative of each party. (h) Joint Preparation: The preparation of this Agreement has been a joint effort of the parties, and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other_ (i) No Third Party Bene lciaries: There are no third party beneficiaries to this Agreement. Page 3 as (j) Survival: Rights and obligations which by their nature should survive or which this Agreement expressly states will survive will remain in full force and effect following termination or expiration of this Agieerdent. IN WITNESS WHEREOF, the County and the FRJ have caused this Agreement to be executed by their respective and duly authorized officers the dny and year first written above. WITNESS Signature: Print Name: WITNESS Signature: Print NRrne: COUNTY: MIAMI-DADE COUNTY, FLORIDA By: Nmne: Title: Date: COUNTY: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: FItJ: FLORIDA INTERNATIONAL UNIVERSITY BOARD OF TRUSTEES WITNESS Signature: By: Print Name: Name: Title: WITNESS Date: Signature: Print Name: FIU - APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Page 4 of 5 Exhibit "A" Coconut Grove Playhouse Lease with attached and incorporated Coconut Grove Playhouse 13-usiness Plan Page 5 of �ni