Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
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 Morris 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 00:00:061. 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. 1 don't know how high this thing is allowed to go. I dont 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. MY a public propertyfor the public. "at 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 3901 Braganza 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 oj'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 far the Coconut Grove Playhouse. This is really wrong. It's public money. It LAvv OFRGE OF LOVVEL L J. KMIIN 17 EAST FLAGLER STREET SMITE 223 • MIAMI, i=LORtiIA 33131 • TEL.: 305.358 6800 - FAX: 305.358.6808 should be directed to restoring the Playhouse, as Mr. Heisenbottle says, and not used far a parking garage and a different theater and something that it wasn't meant for. Also, I 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 to come under the view of people that understood historic preservation. I hear the bell. I have to go: T have a few more things to say. I'm sure you'll be glad when I'm gone, but anyway, I hope you reject this. 1 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. 5163.3215 (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." 5 163.3215(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 "[tjhe 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 CUA 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 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 submittedto the HEP Board. Second, at page 9 T24, the Lease states that "[The county] agrees that this lease is contingent upon and subject to [the County] 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 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 prope 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. Kuvitd 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 HEPB 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 furtherer approval," 4 fuwhich 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 APPLICA TIONS WILL NOT BE A CCEPTED" 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 Al. I & A1.2 (March 6, 20 17) 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 CQA 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 40% 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.Q., 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 PIayhouse, 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 fagade, 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 culturaland historic significance of this building, whafit 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 LAND 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. KLIVIN 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 savings 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 it LAW OFFICE OF LOWELL J. KLIVIN 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 Preservation Board Resolution R-17-023 of Appropriateness for the Coconut Grov e Honorable Chairman Hardemon and City Commissioners: and Environmental approving Certificate Playhouse 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").' 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 6/1612017 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 GOA to this Commission, but lack standing to do s0.2 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 -DAF 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 (i.e., 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 staff's 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 -DARE COUNTY, FLORTDA 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 GOA 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-DADL 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. Commis, 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 -DADS COUNTY, FLORIDA Page 7 6/16/2017 likewise applied the correct standards in approving the GOA. 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 GOA 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 Jn]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 ¶J 11-13. In the interim, the Playhouse shall remain intact, and no alteration or demotion may, or will, occur. OFFICE OF COUNTY ATTORNEY, MIAMI -DARE 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 -Ed-die Kirtl" v` 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 ATfORNFY, MIAMI-DADL COUNTY. FLORIDA MIAM 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 fagade 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 fagade 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 1 2 of 3 April 4, 2017 1 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 1 3 of 3 April 4, 2017 1 Letter of Intent for the Coconut Grove Playhouse HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD HEPB APPLICATION CITY OF MIAMI PLANNING AND ZONING DEPARTMENT PRESERVATION OFFICE 444444 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 F_ 111 NW 1 st 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 1 st 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 APPLICANT'S E-MAIL FOR STAFF USE ONLY DATE RECEIVED APPLICATION # HEPB MEETING DATE RESOLUTION # STAFF INITIALS I— APPROVED J— W. CONDITIONS f— DENIED F_ CONTINUED TO: APPLICATION: SPECIAL COA SPECIAL CERTIFICATE TO DIG SPECIAL CERTIFICATE OF APPROVAL WAIVER APPLICATION TYPE (Choose as many as applicable) ❑ NEW CONSTRUCTION ❑ ADDITION ❑ DEMOLITION ❑ AFTER -THE -FACT WORK ❑ ALTERATION ❑ LANDSCAPINGIPAVING ❑ CONCEPTUAL ❑X OTHER ❑ PARKING WAIVER ❑ SETBACK WAIVER ❑ WAIVER (OTHER) APPLICATIONS ARE DUE AT NOON THE FIRST FRIDAY OF EVERY MONTH FOR PLACEMENT ON THE NEXT AVAILABLE AGENDA INCOMPLETE APPLICA TIONS 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 �jAP ICATION AND ATTACHMENTS ARE CORRECT SIGNATURE OF PROPERTY OWNER 1 DATE SIGNATURE OF APPLICANT (IF OTHER THAN PROPERTY OWNER) DATE NOTE: A COMPLETE CNECKLISTAND INSTRUCTIONS FOR REQUIRED ATTACHMENTS ARE ON REVERSE SIDE. INCOMPLETEAPPLICATIONS WILL NOT BEACCEPTED THE PLANS AND INFORMATION REQUESTED ARE TO GIVE EACH BOARD MEMBER AN ACCURATE UNDERSTANDING OF THE PROPOSED PROJECT. STA FF MA Y HA VE ADDITIONA L 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. ❑D SCHEDULE AND ATTEND PRE -APPLICATION MEETING STAFF INITITALS: ❑x 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 ANYAPPLICATION FEES. FOR QUESTIONS AND TO SCHEDULE A PRE -APPLICATION MEETING PLEASE CONTACT THE PRESERVATION OFFICE: Wendy Sczechowicz at 305.416.2034 or wsczechowicz@gmall.com Contact Wendy for projects located in Bayside, Beverly Terrace, Morningside, and Riverview Historic Districts. Vickie Toranzo at 305.416.1137 or vtoranzo@mlamigov.com Contact Vickie for projects located in Buena Vista East, Downtown, Lummus Park, MiMo, Palm Grove, South River Drive, and Spring Garden. REQUIRED SUBMITTAL FOR HEPB: 0 COMPLETED AND SIGNED HEPB APPLICATION FORM Include (1) Original, and (13) copies affixed to each set of plans rx-i LETTER OF INTENT DESCRIBING THE SCOPE OF WORK IN NARRATIVE FORM Include (1) Original, and (13) copies affixed to each set of plans ONE MORIGINAL 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 Fx-i 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 El 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 (*All after -the -fact fees will be double (2x) the original fee.) X❑ NOTICING FEES FOR APPLICANT AND OWNER ($4.50 per notice) 0 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=FiniD APPLICATION SUBMITTAL FOR HEPB: 0 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: Q 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 ❑ ARCHITECTURAL PLANS AND ELEVATIONS SHOWING EXISTING AND PROPOSED WORK *Plansshould bescaled with a min. 10pt font INCLUDE MATERIALS PAGE THAT SHOWS PHOTOS OF ALL PROPOSED MATERIALS (WINDOWS, DOORS, ROOFING, ETC.) ❑ PAINT CHIPS) OF DESIRED COLOR(S) FOR EXTERIOR PAINTING ❑ OTHER X❑ RENDERINGS (Renderings are suggested for applications for large new additions) NEW CONSTRUCTION: ❑X CONTEXT MAP AND PHOTOS D SITE PLAN ❑ ARCHITECTURAL PLANS AND ELEVATIONS *Plans should be scaled with a min. lopt font ❑ MATERIALS SPECIFICATION PAGE AND DETAILS, AS REQUIRED ❑ PAINT CHIP(S) OF DESIRED COLOR(S) FOR EXTERIOR PAINTING ❑ LANDSCAPE PLAN ❑D RENDERINGS (REQUIRED) ❑ 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 shanemgraberfthotmail.com morningsidearc@gmaii.com Buena Vista East Historic District Palm Grove Historic District Buena Vista East Historic Neighborhood Association Bob Powers bvehna@gmail.com bob powers@outlook.com Minto/BiBo Historic District Spring Garden Historic District Shane Graber Ernest Martin shanemgraber@hotmail.corn Ernestmartin2244@gmail.com C 0 C 0 N U T GROVE PLAYHOUSE MAR 0 6 2017 ARQUITECTOIVICA gunman xonao 2111, w a ly c Pe� ae, a t of1111 1111 1 reg.1 ea te... , R «' ,ore roll ? sc�..vu a.. by wiculation e. SOURCES OF DATA: AB 0 F v al F r y Ma r9eme t( r Moo BOUNDARY SURVEY of 3498-3500 MAIN HIGHWAY, MIAMI, MIAMI-DADE COUNTY, FLORIDA 33133 for MIAMI -DARE COUNTY DEPARTMENT OF CULTURAL AFFAIRS A� n 1 LIAMAVENUE43 N CHARLES AVENUE K as oIs s<t - LOCATION SKETCH voT �, cnl-r nM HORWN—CO OI du L o':'� eo1 [era e o D1L� r A, � on< ♦ A�W�oOY s t w Ifi . e rc loch � S ., o, nt oras_ <na a s & UMITATIONS a IZ CEffnFY7Q aY� di Tft ffl��d w racuc-w xrr�f��.,uo.c y�v„�fC ��-w.hor��t� nrs a. I� J. 0-fillna B1+gLrN! Meppa NumEw Na. LS eftt ARQUIMCWNICA u' fy N��Mm bN Nr�y vt�ww SURVEY A0.1 TREE LEGEND vvx4ut. GiIIWM. IftbE umama. .�. xeim me ABBREVIATIONS 7. 7.1 I FG FN Az Y ar o`d aa....i...... a BOUNDARY SURVEY of 3498-3500 MAIN HIGHWAY, MIAMI, MIAMI -DADS COUNTY, FLORIDA 33133 for GRAPHIC SCAL MIAMI -RADE COUNTY DEPARTMENT OF CULTURAL AFFAIRS _MATCHl: SEESKE 3OF3) _ r` — VVII.�IAM ---------- R-25,00** }' .21.2e' � o- 27ai COCONfIT(fflOV6 ��JJ (�<, s � � f •�/r v z o SURVEY F7 :A0.2 GRAPHlC SCZE LEGEND TREE LEGEND ABBREVIATIONS z .. ...... . BOUNDARY SURVEY of 3498-3500 MAIN HIGHWAY, MIAMI, MIAMI-DADE COUNTY, FLORIDA 33133 for MIAMI -DADS COUNTY DEPARTMENT OF CULTURAL AFFAIRS ARQUITECTONICA OF MATCH LINE (SEE SHEET 2 3) ARQUITECTONICA J EXSITING SITE CONDITION VIEW 5 VIEW1 iiidiiECTONICA 7hi 4i. EXISTING VIEW 7 BUILDING -PHOTOGRAPHS 0.4 s / t i \ a / \ ax lO it 4R.1 sul0 s BJ,36tid 5F 20160 si T"T 11A I, lR.NTAGl AT —RT ACI Int area M,n,% iM1 x� ia2i Applt<afile 51 34,00. Si ROR_wa fieHT,Ma.. 6sir ,6,x r,A,,I—W EErr 11 IBsrTI t �r.� IECGNDARY i h i 'f M1ve7 A— (TI.— �e bteral ey: p« N/A OIIme r Pprabe p , PROGRAM PROVIDED BASE BID 100 Performance Spaces 6,205 200 Back of House Spares 2,500 300Front of House & Public spaces 3,455 4O0 Administrative Office 1,300 MEP( hash (grass area) 2,370 subtotal net sq (eet 13,460 ADD ALTERNATE NO. E a 500 Rehearsal5pa[e/Oiack Dor&Relatetl 2,fi25 Rel,eursul SPute WLLY fyrw, uieo) 600 $ubtotal net sq feet 1,625 ADD ALTERNATE NO. 2 60O Scene Shap & Related 1,345 200 Costume Shop 5 Related 805 Sgbeotai neisq feet 5.150 Total net sq feet 21,235 Total grass sq (eet 26,8)5 % gross to net sq feet S2J9L RETAILAAEA Historic Building 10210 New Development 5,940 g circulation 3200 T i q f 36,150 _ —10of 19,350 P{.t2A Exteriors f [Y 9,930 Exte� f -ROIN 1,750 Enterbr tq/eee-total q<DM T—E P A.Rp SE ARQUITECTONICA a SITE PLAN SGALF 113T=1'-0• UP r .B9 PARKING PAC�V / > UP WILLIAM AVENUE SHOP / F&B RESIDENTIAL t—Mra — �5,940 SF LOBBY 4 MEP'.. 1,590 SF oncE�sraNB // / / / — R / PAZ- Fafvq 5 /! R M ' LOBBY - W 1505E 1• *� s 511(1 RETAIL I WWDR F&B REHEARSAL omcE 1,510 SF f / SPACE wN REHEARSAL LOBBY r SPACE J / 40'x 50' _ f REINi F&B 5F 2.030 SF b 'Y J GROUND LEVEL ,,,_ SGALE 1/16�14M UP k � r 09 PARKING PACS- UP 10, T-- ----------------- ------------------------- 1 / / DOWN /k 1 / / � III j r 1 1 1 _ , I 1 1 1 I 1 1 I , 1 \ 1 1 i I \ 1 J 1 1 i 1 \ 1 I -------------------� \ „u 1 i : 1 i I II \la I 'j 11 i 1 1 1 1 q 1 I 1 1 1 I ' 266 I 3328SF ' I 1 I 1 I 1 I I 1 �I 1 .- ......J i------------------1-----------' --...._...._.-.__•---•---•_ 10' 5' cocalur orsove Flnrxouee AROUnECTONICA „.sem .ue�ptk slw SECOND �.. EL SCALE 1116'_1�P AU IR 6AR 0 6 2017 ELEVATIONS A2.1 30x3.0 CG 0 -GROVE VL4 0- ARQUITE ON/ ACAG ,.A MAR 0..6 2017 SECTIONS SME 1,1 IW - _ . .. - _ .,ice„+�*'=�x•-x�:_`-.w,-.r - . -- _. _ - . {�' - �!i'�D ��= �' t . '`�`�`, s _ .. r� www' 'w� �, ” T..,,-- . :,t, L,•ry �Y �r'p'�y� ~ ',�.i � . . C lb fiIlk -.gap 74 �. llli � N • 4 '4L' , � Wit? ' •r'� �� ... _ �' � _ . .. - - - _ _ ate,_., t •moi w �'� � - - - I i� - _ J �s,3. 1 ILI y 1111 fU 74 F i i � �� r J'�,6,. ti��, �'y .• � err k earth _ 1J k � i _ N• H ' Ak 1x.. - c` yam' ry C.�s J I + IIIk4C yyy w ARQUITECTOMCA 1-3 EXISTING AERIAL VIEW COCONUT G- -HOUSE EXISTING AERIAL VIEW 7A7.-5 ---1 now Coconut Grove Playhouse H istoric Report rge L Hernandez Preservation Architect For Arquitectonica International 02.07.17 -77 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 Ir _ t t 4 ------- - -- - - - - - - - - - - - - 1 a / - l i i f " r � MLI INEL AND ELLIOTT (1926-271 FIRST DIAf.,RAMMA`I'K' 1'I...A\ SC'AI.F• V32" I' -f!.. 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 pffir�l a . a t moi. F r 41, Ip it do " f _ 1p w 0 i. Coconut Grove Chamber of Commerce Meetings held at the Coconut Grove Theater (1946 Photo) r KIEHNEL .AND ELLIOTT (1926-27) _ i i ■ i � \ tti A1111aQi0AME H — ._. urr � i i i ■ i f r a r � ti Y FIRST FLOOR PLAN SCALE: 3/32" = F-0" @I KIEHNEL AND ELLIOTT (1926-27) LONGITUDINAL SECTION SCALE: 3/32" =1"-0" lheee Jeei a dmMWO vhe mpyri&p propmy offorge L. Ilereaadev Arcb .PA. ami my eat be repmducm enolwit� sgeciCc xrineo moee¢t oftbearchiten. lTe maaarn¢®check aedverify all �immainaealmejob and Ge res�aeaible for eamq repontogeay dis¢epaeciea is the architenbef re,�^^^�^^'...e^work. oreesrigg eatmbe Wr Kiehnel and Elliott Floor Plan and Section as extracted from the Alfred Browning Parker 1955 Plans 4 7 ` #� • I n H 'SL -,,MARIE RELLI D LPHE MEN tl.. L l J r r ECA DO CORTEZ CAROL DEMP T XYA deRJTTl '40A,.rrz,av nr jgoma ZZ115SCLLA.S.OEOF.ziL HULL 3ti)FUN !'!i►' @V rGIRRLST i ALSLY IL I — ,, f r� IFA du AM L_ 77 k Coconut Grove Chamber of Commerce Meetings held at the Coconut Grove Theater (1946 Photo) Olympia Theater in Downtown Miami, Interior view Pi a Olympia Theater in Downtown Miami, by John Eberson, 1926 Interior view Coconut Grove Theater,1927 Front Elevation c m A w 4r Are 4W9 i IL fi r tiAo �rn Ok O -W rN -- ♦ i i - i��a i A' _ zi ..y - • a .rr � ar► >r-- �a' � � � �#dr F r JiC - t S i � ` : - i_ : i �` "� � ► � i � ' L " � Sketch of the Coconut Grove Playhouse as a two story structure Arva Moore Parks Archives Coconut Grove Theater,1927 Front Elevation Ir _ a k � i y f l _ 6 Y My f Members of the Coconut Grove Chamber of Commerce in front of Coconut Grove Theater (1946 Photo) r KIEHNEL .AND ELLIOTT (1926-27) _ i i ■ i � \ tti A1111aQi0AME H — ._. urr � i i i ■ i f r a r � ti Y FIRST FLOOR PLAN SCALE: 3/32" = F-0" @I KIEHNEL AND ELLIOTT (1926-27) LONGITUDINAL SECTION SCALE: 3/32" =1"-0" lheee Jeei a dmMWO vhe mpyri&p propmy offorge L. Ilereaadev Arcb .PA. ami my eat be repmducm enolwit� sgeciCc xrineo moee¢t oftbearchiten. lTe maaarn¢®check aedverify all �immainaealmejob and Ge res�aeaible for eamq repontogeay dis¢epaeciea is the architenbef re,�^^^�^^'...e^work. oreesrigg eatmbe Wr Kiehnel and Elliott Floor Plan and Section as extracted from the Alfred Browning Parker 1955 Plans pr ' L.j 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 lei, . ,�. - -7 • A South Florida Home designed by Alfred Browning Parker qp i ALFRED BROWNING PARKER (1955-56) 1 -1 -RED BROWNING PARKER (1955-56) z� iiit�pN" 1. V i � err�xcU �`--I--- r--y-- FIRST FLOOR PLAN LONGITUDINAL SECTION 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" - V -fl" SCALE: 3/32" V-0" I Playhouse dining room interior Browning Parker L V r.r -4 iia 11 II d I y' IF w *ayOousestaurant interior designe y *re Browning Parker section A•B B a Detail of lobby fountain mirrored dome lAw 4'ao-� PLOOO 44 fk" si.k %6YQIKT, Ogtwt. ►Atli ipt-ruw4i xGN'Nk 9t'I lf.. �Ir YAY&C?I• 4901 AT ft vK w0 i',miWK. ',,iAl{9. t.1.f,VATJOM J, #ri7 M04UIt €K QAOII AS %AJW*< �l Mti 4'tNlN�a .. The Playhouse Gallery and Celebrity Room n JEW Playhouse Entry Vestibule by Parker Excerpt from Parker's Longitudinal Section showing the change to the floor slope, which allowed for the fountain. .MfF lIT�/ AIG+'i�lrra J7r / SMI Ar^*I 7. !'..• • o � /rrl.vw�iar Www , p xGN'Nk 9t'I lf.. �Ir YAY&C?I• 4901 AT ft vK w0 i',miWK. ',,iAl{9. t.1.f,VATJOM J, #ri7 M04UIt €K QAOII AS %AJW*< �l Mti 4'tNlN�a .. The Playhouse Gallery and Celebrity Room n JEW Playhouse Entry Vestibule by Parker Excerpt from Parker's Longitudinal Section showing the change to the floor slope, which allowed for the fountain. Interior View of the Coconut Grove Playhouse Auditorium A I E4tSTINCZ TILVA-ft C4 t =s— i .... .. Mg+. A'. F. P LINE OF ORIGINAL FLOOR` r`'�t�'r a.i:�s t3avra �.w.pw a x LINE OF ORIGINAL FLOOR I Excerpt from Parker's plans showing the new mezzanine obscuring the existing bays and ceiling heights Interior View of the Coconut Grove Playhouse Auditorium A 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 Diagram showing Alfred Browning Parker's Mezzanine in Kiehnel and Elliot's Section SCALE: 1/8" = F-0" ''•�..li ECYuf�,s Al E .4 4 f / AL.. w� :.a iI�PPC➢ I:W1►e+ffA NR4.'S JAH p1oYE: H6TCJf3� A99A., Iw --a i AUEITC UUM Excerpt from the Ferguson Glasgow Schuster Inc. Alterations & Remodeling plans 1984 Solomonic Columns at the Concession Area that have been buried by Alfred Browning Parkers change to the floor slope 3 _ ,s, 1,Y 'i;412- Rhl� ]SkPI, T3 sii� .. •AbLtfN Aif?.F5'Y t'1 ✓ E -"&. m.brtB F�73k 9,0S4 ti EY:{Y3Jmffi -4*1 Al kL9 fel ?L'7aiUfl, i�99g0.4 t - 4 l ou- *3A b . , ,tiAtltYii?6 �-i r4 i"Ywu {; 43.A 1f AS saadWW ��'tl. 't#'.�63"• 4iAiGP'�. � �N�'iMs,.Bai.'� �".tsa d>Mbtl- "�`��%4k9.iL"C wRV�iI'F [j�7att_5 �+asti,.. y - �+a� 0 *a Baa-.. Dkw--" w .gra a+cask >aba tr SGL � .� p�. %M*V. ,Mc- 1a. 64 Ax, tine e x 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 - • : � t -_ _ __ -- .. - i:ice - . Y[[pl[.[LL [[CIS a M• r� ^=�-,� j �•, �`.� ' h -tea ' = S __ _ •[C09[ •4tCR ChM - i - �.re-r' •.ly N' Ilk —_._�' -•_. M7--- VL 7 .tea i� Alfred Browning Parker's Plans showing the Auditorium with the Mezzanine, 1955-56 - Y W f 4 �.. hk a QT Inn t_ M a r y Coconut Grove Theater view of the proscenium arch (photo 1946) r -� rl w ,r ;mom Coconut Grove Playhouse front elevation showing the elevated planters (Photo 1984) Coconut Grove Playhouse front elevation showing the closed up store fronts (Photo 1971) i } d° the 1926 and 1971 Coconut Grove Playhouse front elevations ioval of the crenellation along the roof line. I =Q I l� APIN fi i FERGUSON GLASGLOW SCHUSTER, INC. (1982) FIRST FLOOR PLAN SCALE: 3132" = V-0" FERGUSON GLASGLOW SCHUSTER, INC. (1982) LONGITUDINAL SECTION SCALE: 3132" = Ir -0" Il.v d..iS +W drux b.iI ,rvig,xrJ I-II 'fk�g, 1.11 aurWu lrcleu P.1 u.W array ror —p -h,j,—Ii....... n carrurrr of rh.-1h,1 r Thz rarurucwr raac r]-ka,J—ii, II r.rnev. �I hep und111111P.11. IIJe ar.i.cr brlinrc inure rrb—,r Q: ru hmculyd. Coconut Grove First Floor Plan (1982) Coconut Grove First Floor Plan V IF V W Blue represents changes made by Alfred Browning Parker, and green represents changes made by Ferguson Glasglow Schuster, Inc. FERGUSON GLASGLOW SCHUSTER, INC. (1982) FIRST FLOOR PLAN DIAGRAM SCALE: 3132" - F-0" These design"ddrswiegn are chevWYnNhiW praperiy of lwge l„]femeala—h.—P.h, wxi muY calk rcgWuvwl exvepi —h wr irn wnseni ad. -h.— The wmrne�w m�x�ehevk mul"�rY ali Jimenxiemx UfJxpvb nml be rexpnnzible Emwune.ryw.ing:mY Ji5RePmn+scathe umhi�xt before cwrtnxvxing wwk. Aawirtg wlivbe xxlW. Coconut Grove First Floor Plan V IF V W Blue represents changes made by Alfred Browning Parker, and green represents changes made by Ferguson Glasglow Schuster, Inc. Carol Channing in Show Business (left) Tennessee Williams during the run of A Streetcar Named Desire (right) Mickey Rooney in No Sex Please Wl'e'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. 0 (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 Current state of the Coconut Grove Playhouse Exterior P'- mi ii on Elm ME ', ism on 1 ME I MRS "For some properties, comparison with similar properties should be 4 11 IR P 9 " considered duringthe evaluation ofAU .._ integrity. Such com arison ma beP Y 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 Evaluate the Integrity of a Property, Comparing Similar Properties 0 m t NORTH tOURTY NGAU RRST rLOOR T THEATER— SLNIIRI�E AVENUE Lk N. COUNTY ROAD. PALM BEACH, FLORIDA ri of Paramount Theater in Palm Beach STPRE nor. Ipy 34APHlt, SCALEFEET 3 9 � omlr ua HIMRLC AMERKAR FLA L56&WIGS SURVEY HE 4H1R 'I 00 8 SHIM nil At 07 �r* �� a,• � .r Uli �-` #Ili I it�i� V1 i Views of the Paramount Theater in Palm Beach 0 Igo Exterior view of the Paramount Theater in Palm Beach and the Coconut Grove Playhouse C Aerial view of 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 f . � RP r ti R oil 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 _1 pint R a Current state of the Coconut Grove Playhouse Exterior P ME on ON Jam } d° the 1926 and 1971 Coconut Grove Playhouse front elevations ioval of the crenellation along the roof line. Recommendations w Coconut Grove Theater,1927 Front Elevation A: The Front Building f1, KIEHNEL AND ELLIOTT (1926-27) FIRST FLOOR PLAN I_ J SCALE: 3/32" = P—D" "I'-- << ,;0=1 , E N,.. 111a.e' -1 111L.., 1.111-111-1 111- 1nL.,,, 1 „. '._.,......,—�"5 jos 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 6. Re 1 O J history and interpretation of this site will be displayed 1 J� Aerial view of the Coconut Grove Playhouse C: The Auditorium KIEHNEL AND ELLIOTT (1926-27) '/ t FIRST FLOOR PLAN SCALE. 3/32" - F-0" 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 C i r l\` ----F_-_--z---- '/ t FIRST FLOOR PLAN SCALE. 3/32" - F-0" 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) I Solomonic Columns now located in the restroom. Due to the change in floor slope, the bases are now below the floor slab. t t 4 ------- - -- - - - - - - - - - - - - 1 a / - l i i f " r � MLI INEL AND ELLIOTT (1926-271 FIRST DIAf.,RAMMA`I'K' 1'I...A\ SC'AI.F• V32" I' -f!.. 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 I e r Ali- �• d , a `� El Jardin, 1918 Bryan Memorial Methodist Church, 1928 C(N1D CHURCH OF CHnT SCIENTiM � ., Second Church of Christ Scientist, 1940 Coconut Grove Theater, 1927 Grand Ave Grand Ave p Gr2nd Ave p [dranC As m Ave � = Thomas Ave O '� Thomas Ave IRI a Greater St Paul R Anne Church Wiliam Ave 0 Charles Ave =rrace Franklin Ave n at Ave ro O LoquatAve AVOCado4ve Ave Palmetto Ave 15 Ave 0 Royal Palm Ave a P—CianJ AVE Houga -n k'p 0 i ,'vaY D a_ Lulu Graenawr at Cale St Stephen's ulr Episcopal Church.. William William Ave • 1 Charles Ave CharlesAve Charles Ave The Rarna6e Historic ' stata Park Franklin Ave Franklin Ave'' JIB Marl v AveNN SPL lye /q r - yuatAve rMr rr St. Hugh Catholic Church G m AvcCado Ave _ y / Ransom Everglades School rAl ©F ! • 6 Palme¢O Ave a Carrollton Schaal at Er the Sacred the Saeretl Heart.., • Chabed of South Rade Royal Paha Ave dy �� / Second Church -Chi c Scientist _ yRk, • N ., IN CJ00l Science Society G� c^ e N, 4. Sweet Pee Unlimited ., Oasis Lounge Y and Hookahbar H� Peacock Garden Peacock Park Ap JW. 7dF l 1 J ib Wh IV" Second Church of Christ Scientist, 1940 • i '` ' P ' '�I'r Ur A + k r — ;p . s? MURM OF CHEST KIMST C 0 C 0 N U T GROVE PLAYHOUSE MAR 0 6 2017 ARQUITECTOIVICA 811MYEYORf Ill 11 �'LII. P ag 1/;i /� «or e11 41 1-1, Alth Ili pl� 44 40 1EI- 23 Itl Eo AtIc to, 17 M54 in S.Lt I. e ct y, ior,ao, 35 Te fleet t,, ,ne/POINT OE BEGINNIN1,i1. d o g A- 1 Etool d 1 os °H me P°doe aero�d� °r M�am�oade Ca r . Iar�da. dee n IleI. Pude ae - ° m M aorae eo r o, do mea n P m e a i . a d 3. SOURCES OF DATA BOUNDARY SURVEY of 3498-3500 MAIN HIGHWAY, MIAMI, MIAMI-DADE COUNTY, FLORIDA 33133 for MIAMI-DADE COUNTY DEPARTMENT OF CULTURAL AFFAIRS C}IAALES AVE24M Ana r 2 2 eNs sPi LOCATION SKETCH NOT TO SCALE i WNVIT011%Ci1 NCAM J. Ill & Apo illil Ina ... Canub W ANNvtrtlbe NYTEN U3 8313 ll jmwpr OWlbt ftri11. R.E.M. Rphetipri 3u --Mapper N— N.. LS]N! 8-4— ARQUITECTONICA 0 vmµlin'. fw SURVEY A0.1 $yN .N yL o AS TO HORIZONTAL CONTROL Plane 2°a,dnales. HI°,.da Tad Inas 3 d well eta i—d and manumen,ed. g_ o -PI , .1 FROW HOMESTEAD, Plot Food 3, Lot, 106. Mid—Odd,, CI� d° -C ITSIfMian,i Auras Steed 46L and 46K SH. -Dade ca v, Ia,ma. Gq^. �; w m (NAD) 1....;994 odd—11t D1tte State Pmne Gaa,dinat EOm aH the Hlo6da Ear, zone S. s;1111r°iN-2.)EdN OA ALONwdt a Meta Dade GPS 2 tT:I ono, I—. den1 IS 17H A111u, :1d AS and 1e stamped so '17o6INGAo2.,IA3 11111 a Ed IS do a Meta Dade GP2 2ant,al ono, d,aee den12oland �e stamped a DIA a 4. ACCURACY'. Th accuracy a-i—d'd ant one calwlatian o, dos g alri N s was Hound ,o e:_ ePuremen,t C 0 5. 11MRATION3: Ir �y O.Ti Q rad O W p g d A p O � cg ea/ Tts °a W E.,da DT --t 1. Rue IT-17of F. mnsirat ve Code. a State or a at M �r Q F,sua napier SSB. 011 ff o,ne a Statutes. enl on and Sa y 'u --t CEffn"M: WNVIT011%Ci1 NCAM J. Ill & Apo illil Ina ... Canub W ANNvtrtlbe NYTEN U3 8313 ll jmwpr OWlbt ftri11. R.E.M. Rphetipri 3u --Mapper N— N.. LS]N! 8-4— ARQUITECTONICA 0 vmµlin'. fw SURVEY A0.1 a BOUNDARY SURVEY of 3498-3500 MAIN HIGHWAY, MIAMI, MIAMI-DADE COUNTY, FLORIDA 33133 for GRAPHIC SCALE RE TE LEGEND a I MIAMI-DADE COUNTY DEPARTMENT OF CULTURAL AFFAIRS < m MATCH LINE (SEE SHEET 3 OF.L MIS I M xe �eax�x eP kn aB B sc) « T — r -- — ^<�- � � �� — — — — — — — ------------------ o� ;� /, �, �� — — — — — — N7LL_-e �1 A� ,.T�' R=25.00• ^�..s ^n=zi.zs• , o=92]41 ABBREVIATIONS sa Qe\Y E ' W 1 /' 57-@Rwiaa9 6,/ LEGEND^[ t� P m ^N8759'5T"E P/L 8].50• (NNo' � io.l/Y L - T`RE/o tII 9 a a p Temno.. ua,nm= W f d u L ti� / c a^ A s /frd e sta caa _ _ aryx� Q xmmk 1 � mooary emx d� BB ^ L — ` a o �a c.P of/z ' e p,a ....... _ _ _ _ COCONUT GROVE PLAYHOUSE ARQUITECTONICA _71ve SURVEY A0.2 BOUNDARY SURVEY Of 3498-3500 MAIN HIGHWAY, MIAW m b MIAMI DARE COUNTY, FLORIDA 33133 for gh MIAMIDADE COUNTY DEPARTMENT OF CULTURAL AFFAIRS %M GRAPHIC SCLE A N w LEGEND TREE LEGEND LGA a. w. A=58.92' � �w NOR m��.un wx�s III —W01'37"„ i, ABBREVIATIONS CS , �o IP N� m MATCH LINE (SEE SHEET 2 OF 3) Pte: wts nrr tutr� tea COCONUT GROVE PLAYHOUSE ARQUITECTONICA 13 SURVEY A0.3 J EXSITING SITE CONDITION VIEW 5 VIEW1 iiidiiECTONICA 7hi 4i. EXISTING VIEW 7 BUILDING -PHOTOGRAPHS 0.4 s / t i \ a / \ ax lO it 4R.1 sul0 s BJ,36tid 5F 20160 si T"T 11A I, lR.NTAGl AT —RT ACI Int area M,n,% iM1 x� ia2i Applt<afile 51 34,00. Si ROR_wa fieHT,Ma.. 6sir ,6,x r,A,,I—W EErr 11 IBsrTI t �r.� IECGNDARY i h i 'f M1ve7 A— (TI.— �e bteral ey: p« N/A OIIme r Pprabe p , PROGRAM PROVIDED BASE BID 100 Performance Spaces 6,205 200 Back of House Spares 2,500 300Front of House & Public spaces 3,455 4O0 Administrative Office 1,300 MEP( hash (grass area) 2,370 subtotal net sq (eet 13,460 ADD ALTERNATE NO. E a 500 Rehearsal5pa[e/Oiack Dor&Relatetl 2,fi25 Rel,eursul SPute WLLY fyrw, uieo) 600 $ubtotal net sq feet 1,625 ADD ALTERNATE NO. 2 60O Scene Shap & Related 1,345 200 Costume Shop 5 Related 805 Sgbeotai neisq feet 5.150 Total net sq feet 21,235 Total grass sq (eet 26,8)5 % gross to net sq feet S2J9L RETAILAAEA Historic Building 10210 New Development 5,940 g circulation 3200 T i q f 36,150 _ —10of 19,350 P{.t2A Exteriors f [Y 9,930 Exte� f -ROIN 1,750 Enterbr tq/eee-total q<DM T—E P A.Rp SE ARQUITECTONICA a SITE PLAN SGALF 113T=1'-0• UP r .B9 PARKING PAC�V / > UP WILLIAM AVENUE SHOP / F&B RESIDENTIAL t—Mra — �5,940 SF LOBBY 4 MEP'.. 1,590 SF oncE�sraNB // / / / — R / PAZ- Fafvq 5 /! R M ' LOBBY - W 1505E 1• *� s 511(1 RETAIL I WWDR F&B REHEARSAL omcE 1,510 SF f / SPACE wN REHEARSAL LOBBY r SPACE J / 40'x 50' _ f REINi F&B 5F 2.030 SF b 'Y J GROUND LEVEL ,,,_ SGALE 1/16�14M UP k � r 09 PARKING PACS- UP 10, T-- ----------------- ------------------------- 1 / / DOWN /k 1 / / � III j r 1 1 1 _ , I 1 1 1 I 1 1 I , 1 \ 1 1 i I \ 1 J 1 1 i 1 \ 1 I -------------------� \ „u 1 i : 1 i I II \la I 'j 11 i 1 1 1 1 q 1 I 1 1 1 I ' 266 I 3328SF ' I 1 I 1 I 1 I I 1 �I 1 .- ......J i------------------1-----------' --...._...._.-.__•---•---•_ 10' 5' cocalur orsove Flnrxouee AROUnECTONICA „.sem .ue�ptk slw SECOND �.. EL SCALE 1116'_1�P AU IR 6AR 0 6 2017 ELEVATIONS A2.1 30x3.0 CG 0 -GROVE VL4 0- ARQUITE ON/ ACAG ,.A MAR 0..6 2017 SECTIONS SME 1,1 IW - _ . .. - _ .,ice„+�*'=�x•-x�:_`-.w,-.r - . -- _. _ - . {�' - �!i'�D ��= �' t . '`�`�`, s _ .. r� www' 'w� �, ” T..,,-- . :,t, L,•ry �Y �r'p'�y� ~ ',�.i � . . C lb fiIlk -.gap 74 �. llli � N • 4 '4L' , � Wit? ' •r'� �� ... _ �' � _ . .. - - - _ _ ate,_., t •moi w �'� � - - - I i� - _ J �s,3. 1 ILI y 1111 fU 74 F i i � �� r J'�,6,. ti��, �'y .• � err k earth _ 1J k � i _ N• H ' Ak 1x.. - c` yam' ry C.�s J I + IIIk4C yyy w ARQUITECTOMCA 1-3 EXISTING AERIAL VIEW COCONUT G- -HOUSE EXISTING AERIAL VIEW 7A7.-5 ---1 now 811MYEYORf Ill 11 �'LII. P ag 1/;i /� «or e11 41 1-1, Alth Ili pl� 44 40 1EI- 23 Itl Eo AtIc to, 17 M54 in S.Lt I. e ct y, ior,ao, 35 Te fleet t,, ,ne/POINT OE BEGINNIN1,i1. d o g A- 1 Etool d 1 os °H me P°doe aero�d� °r M�am�oade Ca r . Iar�da. dee n IleI. Pude ae - ° m M aorae eo r o, do mea n P m e a i . a d 3. SOURCES OF DATA BOUNDARY SURVEY of 3498-3500 MAIN HIGHWAY, MIAMI, MIAMI-DADE COUNTY, FLORIDA 33133 for MIAMI-DADE COUNTY DEPARTMENT OF CULTURAL AFFAIRS C}IAALES AVE24M Ana r 2 2 eNs sPi LOCATION SKETCH NOT TO SCALE i WNVIT011%Ci1 NCAM J. Ill & Apo illil Ina ... Canub W ANNvtrtlbe NYTEN U3 8313 ll jmwpr OWlbt ftri11. R.E.M. Rphetipri 3u --Mapper N— N.. LS]N! 8-4— ARQUITECTONICA 0 vmµlin'. fw SURVEY A0.1 $yN .N yL o AS TO HORIZONTAL CONTROL Plane 2°a,dnales. HI°,.da Tad Inas 3 d well eta i—d and manumen,ed. g_ o -PI , .1 FROW HOMESTEAD, Plot Food 3, Lot, 106. Mid—Odd,, CI� d° -C ITSIfMian,i Auras Steed 46L and 46K SH. -Dade ca v, Ia,ma. Gq^. �; w m (NAD) 1....;994 odd—11t D1tte State Pmne Gaa,dinat EOm aH the Hlo6da Ear, zone S. s;1111r°iN-2.)EdN OA ALONwdt a Meta Dade GPS 2 tT:I ono, I—. den1 IS 17H A111u, :1d AS and 1e stamped so '17o6INGAo2.,IA3 11111 a Ed IS do a Meta Dade GP2 2ant,al ono, d,aee den12oland �e stamped a DIA a 4. ACCURACY'. Th accuracy a-i—d'd ant one calwlatian o, dos g alri N s was Hound ,o e:_ ePuremen,t C 0 5. 11MRATION3: Ir �y O.Ti Q rad O W p g d A p O � cg ea/ Tts °a W E.,da DT --t 1. Rue IT-17of F. mnsirat ve Code. a State or a at M �r Q F,sua napier SSB. 011 ff o,ne a Statutes. enl on and Sa y 'u --t CEffn"M: WNVIT011%Ci1 NCAM J. Ill & Apo illil Ina ... Canub W ANNvtrtlbe NYTEN U3 8313 ll jmwpr OWlbt ftri11. R.E.M. Rphetipri 3u --Mapper N— N.. LS]N! 8-4— ARQUITECTONICA 0 vmµlin'. fw SURVEY A0.1 a BOUNDARY SURVEY of 3498-3500 MAIN HIGHWAY, MIAMI, MIAMI-DADE COUNTY, FLORIDA 33133 for GRAPHIC SCALE RE TE LEGEND a I MIAMI-DADE COUNTY DEPARTMENT OF CULTURAL AFFAIRS < m MATCH LINE (SEE SHEET 3 OF.L MIS I M xe �eax�x eP kn aB B sc) « T — r -- — ^<�- � � �� — — — — — — — ------------------ o� ;� /, �, �� — — — — — — N7LL_-e �1 A� ,.T�' R=25.00• ^�..s ^n=zi.zs• , o=92]41 ABBREVIATIONS sa Qe\Y E ' W 1 /' 57-@Rwiaa9 6,/ LEGEND^[ t� P m ^N8759'5T"E P/L 8].50• (NNo' � io.l/Y L - T`RE/o tII 9 a a p Temno.. ua,nm= W f d u L ti� / c a^ A s /frd e sta caa _ _ aryx� Q xmmk 1 � mooary emx d� BB ^ L — ` a o �a c.P of/z ' e p,a ....... _ _ _ _ COCONUT GROVE PLAYHOUSE ARQUITECTONICA _71ve SURVEY A0.2 BOUNDARY SURVEY Of 3498-3500 MAIN HIGHWAY, MIAW m b MIAMI DARE COUNTY, FLORIDA 33133 for gh MIAMIDADE COUNTY DEPARTMENT OF CULTURAL AFFAIRS %M GRAPHIC SCLE A N w LEGEND TREE LEGEND LGA a. w. A=58.92' � �w NOR m��.un wx�s III —W01'37"„ i, ABBREVIATIONS CS , �o IP N� m MATCH LINE (SEE SHEET 2 OF 3) Pte: wts nrr tutr� tea COCONUT GROVE PLAYHOUSE ARQUITECTONICA 13 SURVEY A0.3 Order Client Lowell Kuvin Ref # Playhouse Experts Order# TC0427419774 Re✓J How did we do? If you rate this transcript 3 or below, this agent will not work on your future orders Need Help? mailto:suggort@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 fagade 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 fagade, 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 staff's Audio Recording Hearing April 4, 2107 Part IV Experts Page 3 of 8 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. 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 fagade, 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%, 1 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? i."z � ki-N&I 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 JHEISENBOTTLE A R C H I T E C T S �iN�r�irNi,r� ��) r�FirJ r���iFn/ • �ir�i/cis/irrr Career Highlights: FHA 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: 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 Professional Registrations: Registered Architect, Florida AR001513 Registered Architect, New York 0141230-1 Registered Architect, Pennsylvania RA404372 Registered Architect, Alabama CA -0732 Richard J. Heisenbottle, FAIR, 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 I October 9, 2012 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. Professional Activities: 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 I October - 2005 Richard J. Heisenbottle, FAIR, 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 2511 Anniversary Conference July - 2001 "One United Band" Film documentary in conjunction with Public Television Channel, WLRN January - 2000 AIA Miami Awards Jury Chairman - 1990 RHEISENBOTrLE JARCH ITECTS �rfi����nJJ�r� ��� ���rri-; ��� �irnJ • ���fJ/rf•J�rir AWARDS 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 1IPage 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 21 Page 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 3 1 P a g e OFFICIAL FILE COPY CLERK OF THE BOARD OF COUNTY COILVISSIONER.S ,.LACI-DADE COiTN-". 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. SUBJECT: Resolution approving (1) the County Attorney 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. Cuffs, Jr. County Attorney I f MIAMIa �. Memorandum ��i cr i Date: October 1, 2013 To: Honorable Chairwoman Rebem Sosa and Members, Board of Co ty Commi-ssionem +rom: Carlos A. Gimme Mayor Subject: Coconut !Grove Playhoum: pproval of the Updated Lease with. the State of Florida and Approval of an Agreement with Florida International University Recommendation It is recommender that the .Board approve (1) the updated Lease between the State of Florida (State) and co -lessees, Miami -Dade County (County) and Florida International University (FIL and (2) the Agreement between the. County and FIU, in substantially the form aa=-hed. Pursuant to the State's solicitation instructions, the Lease will not become Uly effective until there has been satisfactory resolution of the encumbrances affecting the title of the Coconut Grove Playhouse property. Sunilarly, the Agreement with FIU will not activate uaitil such time as well. FILPs Board of Trustees already has approved delegation of aul ority to execute the Lease and the Agreement- scope greement_ Se. ope The Coconut Grove Playhouse is located in District 7 but, the impact of re-establishing a region al theater is countywide. Fiscal l inpact/Funding Source Any f=ding 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 BuRding Betio Communities -General Obligation Bond (BBC -GOB) program.; and 2) $5 million from Series 2005 of Convention Development Tax (CDT) bond proceeds. Delmation of A.utho�t i Authority, for executing the Tease and the Agrepment resides with the Mayor or his designee; authority far exercising all provisions contained i:a the Lease and the Agreement and applicable to Miami�Dade county is delegated to the Depadment of Cultural. Affairs' Director, Track. R ortlji! onntor The State and FIU have track records for werlwng cooperatively and successfully with Nfi=1- 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. a Honorable, Chairwoman Rebeca Sosa and Members, Board of County Commissioners Page No. 2 Background Oa July 16, 2013 the Board approved Resolution R-621-13, approving a Lease between the State of Florida and co -lessees, Miami -bade 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 FIU and the County for the Coconut Grove Playhouse. On August 20, 2013, the Florida Cabinet met in muni and approved the Business Plan submitted by the County and FRJ and delegated authority to the State's Department of Environmental 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, inctmrporming revisions requested by fhe State and recommnended by the County and FIU. In addition, time July 16, 2013, Board item indicated flint a sepwate 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 programmming. This County -FTU .A,gxecment also is attachedto this agenda item and recommended for approval. It is important to errmphasize that pursuant to requirements of the State's surplus property process, the County and FIU must approve and execute the Lease by October 15, 2013. Additionally, to ensure clarity and establish the terms of the working reladonship between, the County and FIU, it is essential to approve and execute the County-FlU 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 of the execution of the Lease, v,4ai6h is by Jamiary 15, 2014, assum- g the Lease is executed on the deadline of October 15, 2013. At this time, the S#ate has not agreed to provide us with additional time to resolve the encumbrances. (The prior July 1.6, 2013, Memo=dunm to this Board suggested that the State had been considerumg allowing additional time as znght be reflected in the Lease. 13awever this is not the, case; the State has not agreed to any language in the Lease to provide swh adcl&onal time.) It must be reiterated that any funding that may be required to satisfy State ar otlmer prerequisites related to the finalization of the Lease and the Agreement must first be reviewed and approved by the Board. Tyle Updated Coconut Grove Playhouse Lease The following are highlighted revisions to the updated Lease that were matte subsequent to the Board's July 16, 2013 action: The term of the Lease is £f ty (50) years with two twonty-five (25) year renewals that are subj ect to the State's approval (Section 3). The insurance requirements have been updated to reflect the fact that the County and FN are sel - insured (Section 14). The Lease provides the County and FRU with the authority to challenge certain encumbrances on the property, including by utilization of legal proceedings (Section 15) and commits the State's reasonable cooperation with such actions (Section 31). V Hono-rable Chairwoman Rebeca Sosa and Members, Board of County Commissioners Page No. 3 • The time to ewe :any breach of the Lease's terms and conditions is extended from sixty (60) to one hundred and twenty (120) days (Section 26). • If any encumbrances are discovered that were not reflected in the State title work,, the County and FITJ have twelve months to address these "new" encumbrances; if unable to do so, the County and FIU may terminate the Tease (Section 31). o The use of the approved $20 million of County bond finals 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 FIU (Section 40). ire I p4ded .Bminess Plan The following are highlighted revisions to the updated Business Pian that were made subsequent to the Board's Daly 16, 2013 action (this updated Business Plan is Exhibit B to the attached Lease); The 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 pTU's cultural and educational programing at the Playhouse (page 5 and pages 15-16). A a estimated timeframe for the capital proj ect is included (pages 9-10). There are sections oudining Miami -Dade Comty's successful track record for world with non- profit cultural- organizations to manage the County's proper�r (pages 12-13 and Attachment E). M County F`.ZUAgreement In order to erasure that there is a clear delineation of the rights and responsibilities between the County and FIU, a separate agreement has been developed to codify the provisions essential to the Cotamy-FlU partnership. This .Agreement (attached) was based on the details cojitained in the Business Plan (Bxhibit B io the Lease) which was developed jointly by the County and FffJ in coordination with GableStage_ The key principles Haat guided the Cotmty-RU Agreement are: • The County asstanes responsibility for any costs associated with resolving the encutzabrances. • The County has the sole rights and responsibilities in regard to the implementation, decision maldng and funding necessary to develop aregional theater on-tYie site. • The County has the right to dotermine 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, subj act to confirmation regarding application: of f1mding • The County will have the financial respo `bility for the implementation of the Playhouse capital plan, for' the theatex's operations and pro mming� or for any other costs associated with the Property. • Subject to review and approval of a bid waiver by the Board, the County will entor into an Operating Agrement.with GableStage to operate, program and maintain the theater. GableStage will be, responsible for all costs associated with the operations and progwnming of the theater. I -t Honorable Chairwoman Rebeca Sosa and Members, Board of County Conunissioners Page No. 4 GableStage and FIU- will develop an agreement to establish programs and initiatives drat mut lly benefit the theater company and the university, as outlined in the Business Plan. Update on Enewnbrances 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 must be resolved within 90 days of executing the Lease. The following is a summarized progress report: City ofllaami We are in discussions 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 seeping a leasehold interest in the Playhouse property. The City estimates the total amount claimed arising from the enforcement orders to exceed $500,000. Based on our recent discussions, City representatives have expressed their intention to support the Com ty's and BU's objectives for the Playhouse project. The City and its Of -street Parking Authority have eased an interest in collaborating on the theater, parking and the potential of additional, conapatHe development on the property_ We anticipate that these discussions may result in a more foal 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 attom.eys 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 $16 million mortgage for the separate "Bicycle Shop" property that appear as exceptions in the title work on the Playhouse property; and (uinu'elated to the County and FrU) settling the foreolosuure action that Aries has undertaken with the Playhouse regarding the Bicycle Shop Property. As we have repoA4 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 Encumbrances As noted in the July 16, 2013 Board item, a number of other judgments recorded as enctvnbrances in the title work of the Playhouse Properly also will treed to be resolved. We will provide fie updates to the Board on efforts with these matters.. Other Options Being Pursued Concurrently to Secure the Playhouse Property Honorable Chairwoman Rebeca Sosa and Members, Beard of County Commissioners Page No. 5 At the August 2% ton, Vorida Cabinet na=dng, State staffrecosnmended and the Cabinet approved moving ahead with eonc=mt work on other potential solutions regarding the Playhouse properly. 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 properly exchange and have begLm the process of identifying and reviewing potential parcels of County property that may be available and of interest to the Stam. In addition, we have had very preliminary conversations with State staff regardffig the concept of deeding the property to the County at no cost, given the County's corn mit hent 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 if ft County became the sole owner of the property. Attachments s ez Senior Advisor, Office of the Mayor 0 P � � P• MEMORANDUM , ` (Revised) TO: Honorable Chairwoman Rebeca Sosa and Members, Board of County Commissioners FROM: R. A. Cu as, Jr. County Attorney Please note any items checked. DATE: October 1, 2013 Amended SUBJECT: Agenda Item No. 8 (C) (1) "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 (i.e., 213's , 315's , unanimous ) to approve Current information regarding funding source, index code and available balance, and available capacity (if debt is contemplated) required 0 Approved Mayor Veto Override RESOLUTION NO. R-797-13 Amended Agenda Item No. g (G) (I ) RESOLUTION APPROVING (1) THE UPDATED LEASE BETWEEN THE STATE OF FLORIDA (STATE) AND CO -LESSEES, MIAMI -DADS COUNTY (COUNTY) AND FLORIDA INTERNATIONAL UNIVERSITY (FN) 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 finalize 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 FIU; 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 Xavier L. Suarez who moved its adoption. The motion was seconded by Commissioner Jean Monestime and upon being put to a vote, the vote was as follows: 11 Bruno A. Barreiro Jose "Pepe" Diaz Sally A. Heyman Jean Monestime Sen. Javier D. Souto Juan C. Zapata The Chairperson thereupon declared the resolution duly passed and adopted this Ist 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 RUVTN, CLERK IN Christopher Agrippa Deputy Clerk Amended Agenda Item No. 8(C)(1) Page No. 3 Rebeca Sosa, Chairwoman aye Lynda Bell, Vice Chair absent aye Esteban L. Bovo, Jr. aye aye Audrey M. Edmonson aye absent Barbara J. Jordan aye aye Dennis C. Moss absent aye Xavier L. Suarez aye absent The Chairperson thereupon declared the resolution duly passed and adopted this Ist 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 RUVTN, CLERK IN Christopher Agrippa 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 IS" 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, 2063, unless sooner terminated pursuant to the provisions of this lease. LESSEE may renew this pease 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" (51Business 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 Drell 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 0,5/13 115 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(les), 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 Iq 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 terga 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 $ureau 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 j �� 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 ENCCivIBRANCES: 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 16 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 instancesupon 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 l� to have been made unless the waiver is set forth in writing, signed by LESSOR or LESSEE, respectively. 18. TINE: 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 and 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 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 LESSON: 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 LESSEE: Miami -Dade County Department of Cultural Affairs 111 N.W. 1-9t Street, Suite 625 Miami, Florida 33128 With.a copy to: With a copy to: Miami -Dade County Attorney's Office 111 N.W. lst 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 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 9501 or which are contained in the list of hazardous substances adopted by the United States Environmental Protection Agency (EPA) and the last 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 375 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 DI 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 offsite 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 -1 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 1.30, 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 €Z 05/13 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 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 INVALIDITY: 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 1.5 of 23 Lease No. 4721. R 45/13 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 18Y-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 lake 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 l 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 -0 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 .Tune 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 WHEREOF, the parties have caused this lease to be executed on the day and year first above written. BOARD OF 'TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA By: Witness Print/Type Name Witness Print/Type Name STATE OF FLORIDA COUNTY OF LEON ( 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 , 20i, 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. Notary Public, State of Florida Print/Type Notary Name Commission Number: Commission Expires: Approved as to Form and Legality By: DEP Attorney Page 19 of 23 Lease No. 4721 R 05/13 Witness Print/Type Name Witness FLORIDA INTERNATIONAL UNIVERSITY BOARD OF TRUSTEES, by and on behalf of Florida International University By: Print/Type Name Title: Print/Type Name (OFFICIAL SEAL) `1LESSEE" 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: W Wi tines s Print/Type Name MIAMI-DADE COUNTY, FLORIDA By its Board of County Commissioners By; 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 mea this day of 20_, by and IT 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 .ease No. 4721. R 05/13 Notary Public, State of Florida Print/Type Notary Name Commission Number: Commission Expires: M EXHIBIT "All LEGAL DESCRIPTION OF THE LEASED PREMISES Page 22 of 23 Lease Na. $721 R 05/13 EXHIBIT "B" BUSINESS PIAN See attached Business Plan, Coconut Grove Playhouse. Page 23 of 23 Lease No. 4721 R 05113 Business Clan Coconut Grove Playhouse Property 3500 Main Highway, Coconut Grove, F1,.,, 33133 'resented by Florida International University and Miami -Dade County In consultation with ableStage FLORIDA Fl-UlUNWERSITY INTERNATIONAL Coconut Grave Playhouse Business Plan Page 2 of 16 Table of Content. 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 -1 6 Attachments A— Florida International University College of Architecture + The Arts (CARTA) —Vision and Mission 45 B W Building Program for 300 -seat professional theater 40 C -- GableStage: background information • D — Coconut Grove Playhouse Questions and Answers • E — Miarni-Dade County Operafing Agreements with Non -Profit Cultural Organizations 8 F — Coconut Grove Playhouse Property Location Map and Information 3-5, Coconut Grove Playhouse Business Pian 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 Boneffts 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, Fill faculty and students, and the general public of South Florida that FIU engages to advance its educational mission: a 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 seaming, 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 FIU 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 AW[l be -accomplished with no cost to FlU or the State of Florida. FIU will serve as the catalyst for a major, historic cultural site in the heart of one of Miamrs oldest neighborhoods to be reactivated for educational and cultural purposes. 3� Coconut Grove Playhouse Business Plan Page 4 of 16 Key Benefits to Miami -bade County The key benefits of the proposed partnership between FJU 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: s 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. m 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 art outstanding theater complex and adequate parking to serve its audiences. 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 e St, PC 523, Miami, FL 33199 Phone: 305-348-2101 Fax: 395-348-3678 Email: kenneth_iessell ,tafiu edu Lisa M. Martinez Senior Advisor, Office of the Mayor Miami -Dade County 111 NW 1s' St, 2911 Floor, Miami, FL 33128 Phone: 305-375-2911 Fax: 345-375-2099 E-mail: lisammp_miarn dad__e-aov Coconut Grove Playhouse Business Plan Page a of 16 Governance ana Organizational Structure In order to accomplish the gods of this Business Ilan, the following organizational and governance structure will be utilized: • The Coconut Grove Playhouse property will be conveyed from the State of Florida to i=lU 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 FICdcla Co-l..�seas Randa Intemationat University Operating MlEEMents 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. FIU and GableStage will establish programming partnerships directly between therm. * 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., HistoryWami, 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 HU and Allam Bade County — 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 Fl U's concurrence. Miami -Dade County will utilize revenues generated by acf=rvities 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 GableStage 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 affillations; workshops and master classes; use of the facilities; and other benefits necessary to advance F1U, Miami - Dade County, and the Coconut Grove Playhouse. 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. 3� Coconut Grove Playhouse Business Plan Page 7 of 16 Operating Agreement 'between Miami -Dade County and GableStage — ,fey )3 slness Points 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, isthat the volunteer board of directors of GableStage 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 trough 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 GableStage since its inception, fifteen years agog' ® Parking revenges 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. GableStage and FILL will agree upon certain rights and benefits that also will be referenced and/or incorporated into the operating agreement between the County and GableStage. GableStage 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 GableStage 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 GableStage, *In FY2012-2013, Miami -Dade County allocated more than $250,000 in grant support for GableStage's operafions and programming. Coconut Grove Playhouse Business Plan Page 8 of 16 Capita[ Flan 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 passible, surrounding educational and business interests — all within the established capital budgets Objective of the Capital Plan: Re-establish Great Regional Theater and Provide Professional Theater Opportunities for PIU Students and Faculty The central purpose of FIS, 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 56 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 yawn 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. m 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 speck 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 W Coconut Grove Playhouse Business Plan 'age 9 of 16 foremost theater consultirig 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 f=unds Amount Source $ 5 million Convention Development Tax bond proceeds $15 million Building_Better Communities --General Obli ation 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 $4501s.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 FIU 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); m Planning and design phase (16 to 24 months); 9 Competitive bidding for construction (6 to 12 months); and 6 Permitting, construction and corn. missioning -- this depends on the what the design phase generates for the project and the response from the selected contractor for how long a Coconut Grove Playhouse Business Plan Page 10 of 16 construction will talc; 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 requlres general contractors to have a performance bond and provisions for delay damages also are contractual conditions, serving as an incentivelpenalty for contractors to maintain the construction schedule. These are tested and effective mechanisms to help ensure the complef in and timeliness of Miami --Dade County construction projects. In addition, Miami -Dade County is committed to working closely with FIU7 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 FIU. q.3 Coconut Grove Playhouse Business Plan Page 19 of 16 Operational Forecast /.Property Management and Develo F1U, Miami -Cade 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. 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. a Miami -Dade County has committed operational subsidies to its other nonprofit 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 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 FY2012-2093, Miami -Dade County allocated more than $250,000 in grant support for GableStage's operations and programming. qtl Coconut_ Grave Playhouse Business Plan Page 12 of 16 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, FIU 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 prefile and reputation of the university (e.g,, theatrical and musical performances, lectures by FIU faculty and visiting scholars and presentations by FlU's Colleges, Centers and Institutes, etc.). Through the collaborative partnership with Miami --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 identify and secure any additional funding required, such as from grants and sponsorships, for FlU 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 Q. 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 Department 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 v►rith 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 Coconut Grove Playhouse Business Plan Page 13 of 16 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 f=orecast 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. Realonal Theater Plr"efiminary ODerationall Forecast Expense Cateo FW)YeasAttmount Administration $ 764,000.00 Theater staff(including benefits & taxes $ 754,000.00 Administrative Expertses $ 84,500.00 Travel, Meetings, Mileage $ 25,000.00 Membership & Dues $ 6,500.00 Ucenses/Fees/Permiis $ 4,000,0€ Office E ui ment--Purchase $ 3 23,000.00 Misc. Program Su lies $ 10,000.00 Equipment Re air/Maintenance/Su pwt $ 6,OBti.00 Professional Develo menURecruitrment $ 10,000,00 Prograrnming 930,000.00 Artistic Personnel $ 750,400.00 Equipment Rental $ 25,000.00 Repair & Maintenance $ 30,000.00 Produotion Supplies $ 100,000.00 qG Coconut Grove .Playhouse Business Flan Page 14 of 16 small l* ui ment 15100000 Usher Program Expense $ 10,000.00 Box Mice $ 60,000.00 Computer Systems & Support {ticket printers, PC, sate $ 30,000.00 Credit Card Fees $ .30,000-00 Ins u anal Marketing $ 174,000.00 Broc ores, Pubiloations, Website $ SO 000.00 Advertising$ $ 70,ggQ.O€► Photo rah & Recordings $ 14,000.00 Publfc: Relations/Special Events $ 40,000.00 Sales Expenses $ 26,400.€10 Concessions $ 25,000.00 O eratin Exenses $ 330,000.00 Utilities $ 200,000.00 Insurance $ 80,400.00 Maintenance, SeGU!itY, elevator, round keeping $ 50,400.00 Contingency $ 250,000.00 Total Expenses $ 2,607,600.00 Revenge Cate Full Year Amount Admissions $ 650,000.00 Subscriptions $ 325,000.00 Contracted Services $ 150,000.0€ Corporate Support $ 1..50,000.00 Foundation Support $ 300,000.40 PrivateftndividualSupport $ 400,000,00 Miami -Dade County Grant $ 250,000.00 Other Government Grants $ 100,400.00 Special Events $ 1.50,000.00 Other Revenue $ 1.32.,540.00 Total Revenue $ 2,607,500.00 It should be noted that this preliminary budget reties on a conservative estimate of revenue that would be generated by parking on the site which Is included in the "Other RevenueY' 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 operafing pro forma will be developed by y Coconut Grove Playhouse Business Plan Page 15 of 16 GableStage with the assistanoe of a management consulting firm and in cooperation with the Miami -Dade 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, ars 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 F[U 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 FlU'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 Page 16 of 16 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 deve[opment; 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; The business model associated with engaging such development would be driven by the need to generate sufricient revenue necessary for the viability and success of Gablestage°s and FlU'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 avenue 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. Ail parties - the State, FIU and Miami -wade 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. Attachment A — Florida International University College of Architecture + The Arts (CARTA) — Vision and Mission Florida International University College of Architecture + The Ares (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 Meefiings, 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 Company 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 community 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 (EAsting 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. ��I Attachment B _ Building Program for 300 -seat professional heater ILAV h ow tjU ff -A t .. «::....0, a v I-.. j U tic,= ju t pmroteb*1011di thiudtrre ►, Maamlr FL V1.0 DRAFT Fisher Dachs Associates Theatre Planning & Destgn I D A FID)L April 10, 2008 tempiate VQA Cover i Fisher pooltsAssociates Theatre Planning & Deslgn Coconut Grove Playhouse - 300 -seat professional theatre Miami, FL Building Program Attachment B - Building Program for 300 -seat professional theater vf.0 451012008 Summary of Net Square Footage Allocations ProgremEemenf 710141 r %Nsf WC's Unnafs Sinks showers Breakdown By Component j G Public 700 D Adminlstratton & Summary - i RD& Fisher Dachs Associates Theatre Planning & Design Coconut Grove Playhouse - 300-sesf professional theatre Miami, FL Building Program Large Hall Surnmary of Net Square Footage Allocations Attachment B , Building Program for 300 -seat professional theater v1.0 411012005 Detailed Space List Overhung Area 36W 5d 175 n5 Lift 35W 7d 246 naf 105 Trap Room 20w 16d 320 Begins about 6' upstage rive to A - Large Hall -1 IND& Fisher Dachs Associates Theatre Planning & Design Coconut Grave Playhouse - 300 -seat professional theatre Miami, rL Building Program Backstage and Suppv;t Spaces PerfarmerAccommodations Attachment B - Building Program for 300 seat professional theater V1.0 411012006 201 Dressing Rooms nsf 9 gap .03 (2) Stv Dressing Rciam (t&s) 2 occ. 16W lad 580 nsf .05 (1) Four -person Prinelpel Dressing Rm (tft) 4 mo. 11w 23d 250 nsf .07 (2) Eight -person Principal Dressing Rm (t&s) 16 occ. 18W 26d 1.000 nsf .0$ (0) 10 -person Chonts Ore53lnff Rm (t&sJ n nen 4Rw And f) ne{ , Left and Right tollets (2 Unisex ca 0 mals for women 0 nsf d rs foldin 212 Backstage Catering Pantry 0 cast &crew meals, star A -targe Hail - 2 IF[U)& .Asher Dacha Associates Theatre Planning & Design Coconut Grove playhouse - 300 -seat professional theatre Miami, FL Building Program Attachment B - Building Program for 300 -seat professional theater I - Yl.0 41101. 006 Receiving & Storage 220 Stage Door Lobby 900 also serves offixes, other theater 229 Stage door Security Desk 1 Sea'ty Equipment 900 afsoserves offices, other theater Total Not Square Footage 11,390 100% A- Large Hall - 3 IFBL% 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 Attachment B - Building Program for 300 -seat professional theater vf.0 41f0/2008 i otai vet *quare Leet 4,495 1UU1/v Detailed Space List ontraf• ouseantiPublicS aces zrrdfh E th Height Comments 701 Box Office Sales Area 200 Sales Windows, 2 @ 50sf f 00 naf Coffee area, unisex restroom 0 nsf (1) Managers' Ofte 900 nsf with va tilt Staff Work Ama lbr 2 0 nsf Cornpufer Room /Copy Room 0 nsf Sap 11es records storage 0 nsf 703 Large Hall Public Ciroulaticn c@ 7.0 nsf per seat 2,100 l ahbyA=3 Total @ 3.0 nsf per seat 900 nsf Public Circulation 0 4.0 nsf erseat 1,200 nsf 704 Large Hall Public Restreoms r@7x 1 fxtr/ 25 seats 12 hors 610 2 Individual unisex heap assist restroom(s) 920 nsf 7 wc's for women 850 nsf D - Public Spaces - 1 tom'; IFT)& Fisher Dachs Associates Theatre Planning & Design Coconut Grove Playhouse - 300=seat professional theatre Miami, FL„ Building Program DoncrAccommodaVons & SneclalEvents Attachment 8 - Building Program for 300 -seat professional theater V1.0 411 008 711 Matron's Lounge 1 Event room 500 discuss F3.arArea 0 nsf Lcunge Area for 15 seated Patrons (for dinner) 30 standing 315 nsf Furniture storage 125nsf Restrcoms; 0 Mrs I Individual unisex h'cap assist mstroom(s) 60 nsf Support 213 Pantry , 1/3 Storage 0 nsf this pantry serves all events in public spaces - confirm size with 712 ervice Bars (b lin ft for each 2001 patrons) z iocatinns 10 linear ft 100 allocate praparllonally Fixed locations 2 locations 713 Bar & Concesslon Storage & Prep Rm(s) 100 rotitie with food svo consultant distribute as needed D - Pub9c Spaces - 2 100 LS" � TR& Fisher Dacus Ass-ociates Theatre Planning &Design Coconut Grove Playhouse w 300 -seat professional theatre Miami, FL INuilaling Program Attachment B - Building Program for 300 -seat professicnai theater vI.o 411WO06 ata Ret'Square Footage 4,4955 100% 0 Pubtic�;paues-a Attachment B - Building Program for 300 -seat professional theater IFID&Fisher Dachs Associates Theatre Planning & Design Coconut Grove Playhouse W 300 -seat professional theatre Miami, FL Building Program Administration & Building Services Summary of Net Square Footage AlIocattons Total Net Square Feet Detailed Space List Total Nsf 2,078 Comments vf.o 41,1012008 Large HO 80H 2 30 nsf studio Thtr BON 0 0 nsf Pubflc Areas 1 15 nsf Admin 9 16 nsf Sub "fatal 376 B°/o 'total Net Square Footage 2,075 100%n F - Admin & Svcs -1 IFR% Fisher Dachs Associates Theatre PlanAng & Design Coconut Grove Playhouse r 300 -seat professional theatre Miami, FL Building Program PiroducUon Support Summary of Net Square Footage Allocations Attarhment B - {wilding Program for 300 -seat professional theater V1.0 4/10/2008 Detailed Space List 11 ce 0 secure, wI windosw Into Boo Windows, power water, spray bovlh, adjacent to. Wo roo 1109 Crafts Room 0 Outside exhaust, powersupply, water, share dye spraybooth 1110 Spray Booth 0 OvWde exhaust powersupply, crater, shy dye spray booth 1111 Fitting Rooms 0 10x 11.5 foot "Office , mirrors, F - Prod€rcffon Support -1 Fisher Dachs Associates Theatre Punning & Design G000nut Grove Playhouse - 300 -seat professional theatre Miami, FL Building Program Attachment B - Building Program for 300 -seat professional theater V1.0 411012008 Tofgkt NO Square Footage 4,605 100% F - Production Support- 2 Attachment C — GableStage: barkgrouind information GALBLEISTAGE Our mission is to provide South Florida with classical, contemporary, and original theatrical productions of artistic excellence. We fully embrace the challenges of working in this multi -cultural eowmunky, 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 Miami -Dade County Public Schools every year, with both in-house and school tour productions. We also mount several fte productions at offsite venr es every year to provide theatre to underserved communities throughout Miami 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. a 1999, the theatre moved to its current home, the historic Biltmore Hotel, and became GableStage. �a�l.�� � ��, s �`EQU�i�'lf`�C�,N11�..�P�pC1�,�1{IIl'Mti►�G '�'� �� r, . GableStage provides opportunities that address the critical needs of an arts integrated curriculum in the classroom. In a quantitative study, the College Entrance Examiaation Board -found that from 2001 to 2005, students who were involved or exposed to theatrical and artistic experiences scored an average of 50% bigher on the verbal and mathematics sections of the, SAT (AATE, 2012). There is a great need for educational oppod nities that foster an environment conducive to leaming through the performing arts, and GableStage works strategically to implement such programs. Our special morning performances are provided free of charge exclusively to underserved Miami -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 performances. The approximate demographic breakdown of the stude is we serve is as follows: 40% Hispanic, 30% African American, 25% White, and 5% Asiau/Indian/Other. We serve mate and female students Yc th or without disabilities, between the ages of 13 and 20. Attachment O W GabluStage; background information Mari�rng:trcg2MM7 i* GableStage pursues a multi. -pronged marketing strategy, combining blanket advertising and coverage in local media—television, print and radio --wig 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: TBE MIAMI FIERALD, THE SUN SENTINEL, TIE PAT.M BPACH POST and TETE Iv,1lANB 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 NUl✓VO EERALD. Regular advertisements are also placed in South Florida magazines, such as AROUNDTOWN and the JEWISH JOURNAL. With regard to radio and television, the quality of the material presented at GableStage has been successful in attracting media coverage from Mclro-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 SOUT1-I YLORID.A. GahleStage 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, regional 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. L}�� � ACCOiE 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 S 0. Our touring productions of classic plays have served over I million. Miami -Dade County Public School students since our founding as Florida Shakespeare Theatre in 1979, In our first -fourteen seasons -GA BL -STAGE.wow L57 51CARBONELL AWARDS including 7 BEST PLAY & 7 BEST DIRECTOR Award S Z R.EST MUSICAL Awards 2 -BEST DIRECTOR of a IMUSiCALAwards and received ITSZarbonell Nominations A- RA - 7's -50D -ASTED A. A. gg P, KAtt KANE 4.T 'iw.f AMID - - cw! 010M i ro�D29. 0--dMA6Hiii 0 D N A' G fluSCH m -TWattv JASON LOEWITH TAR 4..'7-_ AiCHRIDf gy 11. Z C?T UTER kNT '."'.,OFl t ORE 44 J� f , ew I 'HSK.-PILLOWM AN:.. G, M. ZEW RYOKY LAVERY, THE GOAT by EDWARD ALSEE -LESSON BEFOREDY] N67:r.,.... by ROMULUS LINNEY AL 2101132 a 0Sj,0yCe'S--THE:DEA Book by RICHARD NEISON- Mosir by SHAUN DAVEY Lyrics conceived and adapted by Richard Nsisv & Shaun Davey Attachment D - Cocam►t Grove Playhouse Questions and Answers FlU [Coconut Grove Playhouse Questions and Answers Question I: With the proposed operating agreements with GableStage and other operators for parking, groundskeeping, etc., require any real interest in property? 1f 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 agreements and this takes into account the fact that the partners already are identified and -that these relationships involve highly specialized functions. Miami -Datta 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 andlor 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 follovring'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 GableStage 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 GableStage. Miami -Dade County has committed operational subsidies to its other nor -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. - Questions 3. Is a copy of the agreement with GableStage available for review? There is no contract yet_ The agreements between GableStage 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 GableStage manage and program. GableStage has reviewed the draft Business Plan: and is in agreement with b, L, Attachment a - Coconut Grove Flayh=m— 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 GableStage 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. GabWtage currently has a 6 -play season at their current location. How many productions per year are anticipated? GableStage will continue to produce a 6 -play anneal 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, .product€ons 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. WiR any FITJ production have to involve GableStage or can they be separate productions'? The relationship between FIU and GableStage will include; both separately -produced FIU activities and collaborations between FIU and Gablestage. It is anticipated that given the exciting benefits of the synergy between Fl U and GableStage, there will be more of the latter. Question 6. Will TU stridents play an educational arose in any prod -notion at the Playhouse? FIU envisions a strong educational role -for students and faculty, including but not limited to performance, directing, set -design, fighting, costuming, stage management, arts management, andior 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 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. - and 2 Attachmerd D - Cocmui Grove Playhouse Questions and Answers on page 6 -"FIU will have certain defined benefits with GableStage that hake into account the gdals of the Business Plan for FlU'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 wr`th 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 FlU 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. WiU there be any classroom work on-site? . A RU 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. Zion -credit courses are visualized, but will credit courses also be offered? • FIU can 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 masterclasses with the theater professionals worming at GableStage. Question 9. "Live Work Space" is visualized, but no such area is shown on the Fisher Dachs Associates building ]program (Attachment S to the Business Plank). ® The Fisher Dachs Asso6ates 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 fir offices arra 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 F]U, Miami -Dade Count and GableStage Question 10. 'While the pan anticipates many activities that could occur at the Playhouse, definite activities at present are the plays by GableStage and symposiums by a keynote speaker for the student body. Can you provide more specifics regaardizrg educational 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, FlU'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 Flu's programs for the public Question IL Is the prole of the Playhouse to be a source of revenue for the uuiiversaty, or will the Playhouse focus as an educational f�cility 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 h`IU • FlU's proposal is designed to create a $20 million state-of-the-art theater facility on property to be owner, 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 success ally maintained relationships with local schools and colleges and already provides educational programming for more than 90,000 students annually, and each year, presents a program of the highest quality theater performances for the community - 4 Attachment D - Gocomd Grave Playhouse Quesfions and Answers • GapieStage's theater season is original and unique each year, GableStage already utilizes lodal students -arid professionals in its productions together with playwrights, directors and actors- with international recognition. With the proposed relationship, FIU, Miami -Dade County and GableStage 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_ 7o the extent that more structured specifics are not in place is to be expected at this very early stage in the process. However, FIU is equally convinced that as it develops more definition, the collaborative opportunities will grow and evolve in number and in depth. At Its care, 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, FIU, GableStage and the County are malting a commitment to a collaborative process designed to create opportunities for the FIU theater, music and arts programs in every aspect of the use and operation of a magnificent theater that is beim constructed with County funds and operated by GableStage and its commitment to meeting operational costs. 110 Attachment E -- Miami -facie County Operating Agreements with Mon -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 subfect 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 maintainirtg a satisfactory level of operational and fiscal responsibility. GableStage will be required to adhere to this same review and monitoring regimen. The County's Department 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 -bade 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 on its behalf. It should be noted that new buitclings 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 -ire year periods. Below is a list of examples of these current Miami -Dade County partnerships with major cultural institutions. HistoryWarni Duration of Operating Agreement (to date): 41 years FY 2012-2013 Operating Budget; $3.06 million FY 2012-2013 County Grant Support- $1 A6 million Description of Non-profit Organization: HistotyMiami, formerly known as the Historical Association of Southern Florida, is the premier 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 Museum. Attachment E — Miami -Dade County Operating .Agreements with Noon -Profit Cultural Organizations Miami Act Museum _ . Duration of Operating Agreement (to date): 26 years FY 2012-2013 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 'constructiori 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 museurrYs 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 in 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 ander 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 ane -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, 2511,000 -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 -made Counter Operating Agreements with Non -Profit cultural Organizations Performing Arts Center Frust (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 Wmi, the Arsht Center occupies 570,000 .square feet along historic Biscayne Boulevard between N.E. le and le Streets. The Arsht Center was designed by world-renowned architect Cesar Pelli of Pell! Clarke Pell and includes the 2,400- seat ,400seat Ziff Ballet Opera Nouse, the 2,200 -seat John S. and James L. Knight Concert Hall and the Carnival Studio Theater, a flexible black-hox space designed for up to 300 seats. As a focal point of Greater Miarni-Dade's diverse cultural life, the Arsht Center enlightens, educates and entertains audiences with a year-round schedule of performing arts events. `13 A.GREEM ENT BETWEEN FIU AND MDC RE, GARDING COCONWr GROVE PT AYHOUSE TICS AGREEMENT C"Agzeement-1 made and entered into -this day of , 2013, between 1 M41 -DALE COUNTY, FLORIDA, a body corporate and politic existing under the hws of the State of Florida whose business address is Ill NW First Street, Suite 625, Miami, Florida 33128, Attentions: Deparft ent of Cult l Affairs (the `SDC or Cou-Aty"), and FLORIDA INTERNATIONAL UNIVFRSIT Y BOARD OF TRUSTEES, by and on behalf of FlU, a public body corporate of the State of Florida. whose business address is: Florida International Un1wasity, Modesto Maidique Campus, 11200 S.W. 8th Street, FC 523A, Miami, Florida 33199, Attention: Senior Vice President and Chief Financial Officer (TW'). FIU and MDC or County are sometimes referred to in this Agreement individually as "Party" and collectively as the "Parties." VVI NESSETH MEAS, MDC and FlU ("C© Lessem") have executed or soon will execute Lease Agreement No. 4721 with. the Trustees of The Internal Improvement Tract Fund of the State of Florida ("Lessor" eoverixng the Coconut Grove Playhouse Property which is attached hereto as Exhibit A and is incorporated Herein by reference C"Coconut Playhouse Lease"}, VMREAS, 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 WREREAS, MDC and FIU .have agreed that the most efficient and effective use of their respective resources would be for NfDC 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 TEEMFORE, in consideration of the mutual covenants herein and other good and valuable consideration, the receipt acrd srfftcienncy 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. Tern: The term of this Agreement shall be simultaneous with the Terra of the Coconut trove 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: FIU and IVEDC have agreed that MDC has assurned sole responsibility for tiineJy perforating 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 Play -house 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 rents, profits and income, if any, gene -rated. The Coconut Grove Playhouse Business Plan is itself attached as an exhibit to the Lease. (b) FIU duties and obligati ns: FRT and MDC have agreed that FRT shall Trot knowingly take Page 1 of 5 any actions or steps that would trigger a. default under the Coconut Wove Playhouse Lease. FIU shall observe the Lease terms but shall not have afl'm ative obligations to perform same. FIU will cooperate and work with and facilitate tHb processing of any documents, or actions required to be prepared or performed by MIC that need to be submitted to the Trustees of the Internal In provement Trust Fund_ in connection with G the Lease, or for NIDto otherwise perform the obligations under the Lease and the operations of the Playhouse. Without MDC's express written. consent, FIU shall not make or incur any agreements, promises, liabilities or obligations affecting or purporting to affect the playhouse property or operations of the Playhouse, and shall no -t create or permit to be, created any assessments, liens or encumbrances ofany kind on or related to the Playhouse property,. 4_ Indenm ication: (a) AMC to Fll'_T: To the extent pernitted by applicable laws, in consideration of FU's entering into the Coconut Grove Playhouse Lease and this Agreement with the MDC which includes but may not be limited to all of Miam%Dado County's obligations and responsibilities under the Lease, Miami Dade County shall indemnify and bold harmless FIT from and against any and all liability (monetary or otherwise), ,claims, including but not lit iced to contractual claims, and proceedings of any type (including reasortablo attorney's fees and costs at all tribunal levels and pro -litigation and post- litigation) ostlitigation) (collectively referred to herein as "Claims") that may arise in connection with this Agreement and N DC's obligations hereunder, tho Lease and the Coconut Grove Playhouse Leased Premises, directly or indirectly, and regardless of when such Claim(s) arose and regardless of who submits or files such Claims, c-xrcptto extent caused by the negligence or misconduct of FIU, its employees and/or agents and then only to the extent caused by FIU, its employees andlor agents. - (b) FIU to MING: To the extent permitted by applicable laws, FN shall indemnify and hold harmless MDC 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 Nvith this Agreem=t and FT 's obligations hereunder and FIV, its employees and/or agents academic activities within the Coconut Grove Playhouse Leased Premises, except to extent caused by fhe negligence or misconduct of MDC, its employees andlor agents and then only to the extent caused by NDC, its employee, and/or its agents. The indemnification provisions set forth in this Section, 4 shall survive expiration or early termination of'this Agrot-,ment and the Coconut Grove Playhouse Lease. 5. Default- In the event of a default by either party under this Agreewerrt and a. failure by the other party to cure sage within ten (10) days after receipt of written notice fhereof and without limitation of any rights anal remedies available under or on account of the, Lease, the other party shah be entitled to pursue any and all remedies available at law or in equity. 6. . Autho (a} FIUAuAQEo W FIU is a public body corporate of the State of Florida pursuant to the terms of'Florida Statutes Section 1001.72, and FIIJ has full power to execute, deliver, and perforin its obligations under this Agreement. The execution and delivery of this Agreement, and the performance by FIU of its obligations under this Agreement, have been duly authorized by all necessary actions of FIJ, and do not contravene or conflict with any rules, regulations, policies or laws governing FIST, or any other agreement binding on FIU. The individual(s) executing this Agreement on behalf of FIU has/have full authority to do po, (b) MDG Authority: The County is a body corporate and politic existing under the laws of the Page 2 of 5 State of Florida, and the COUNT' has full power to execute, deliver, and perform its obligations under this Agreement. The execution. and delivery of this Agreement, and the performance by the COUNTY of its obligations Bader this, Agreement, have been duly authorized by all necessary action of the, COUNTY, and do )not contravene or coniiict with any rules, regulations, policies or laws governing the COUNTY, or array other agreement binding on the COUNTY- The individual(s) executing this Agreement on behalf ofthe COUNTY bas/have fdl authority to do so. 7. miscellancons: (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 corndxtion 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 suchternn, 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. Tlae 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 of the 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 coult of competent jurisdiction to be invalid, illegal, or unenforceable 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' inteatiom under this Agreement. (f) Entire Agreement: This Agreement shall constitute the entire Agreement between the parties. Any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding on either party except to the Ment incorporated in this Agreement. {g) Modification of Agreement- Any modification of this Agreement or additional obligation assumed by either party in connection with this An oment shall be binding, only if evidenced in a writing signed by each party or an authorized representative of each party. (h) Toint Preparation: The preparation of this Agreement has been a joint effort of the parties, and the resulting document skull not, solely as a mattex of judicial construction, be construed more severely against one of the parties than the other_ (i) No Third Party Beneficiaries: There are no third party beneficiaries to this, Agreement. Page 3 of 5 T 0) S-arvfval: 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 Ag benteat. IN WITNESS WEOTtEOF, the County and the FIU have, caused this Agre=eut to be executed by their respective and duly authorized officers the clay and year first written above. WITNESS COUNTY: MIAMI -DADS COUNTY, FLORDA Signature: By: - Print Name: Name: WITNESS Title: Signature: - Date: Pent Name: WITNESS Signature; Print Name: WITNESS Signature: Print Name: Page 4 of 5 COUNTY: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Fes: FLORIDA INTERNATIONAL UNIVERSI'T'Y BOARD OF TRUSTEES By: Name: Title; Date: FIU - APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Exhibit "A" Coconut Grove Playhouse Lease with attached and incorporated Coconut CiTove Playhouse Business Plan Page 5 of 5 T