2010-32
RESOLUTION NO. 2010-32
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE AND OTHERWISE ENTER INTO
THAT CERTAIN FIRST AMENDMENT TO AGREEMENT
BY AND BETWEEN PERFORMING ARTS CENTER
AUTHORITY AND THE CITY OF AVENTURA FOR
STARTUP SERVICES, MANAGEMENT, PROGRAMMING
AND OPERATIONAL SUPPORT SERVICES FOR THE
AVENTURA ARTS AND CULTURAL CENTER;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF A VENTURA, FLORIDA, THAT:
Section 1. The City Commission hereby authorizes the City Manager to
execute and otherwise enter into that certain First Amendment to Agreement, a copy of
which is attached hereto, by and between Performing Arts Center Authority and the City
of Aventura for startup services, management, programming and operational support
services for the Aventura Arts and Cultural Center.
Section 2. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Mayor Gottlieb, who moved its
adoption. The motion was seconded by Commissioner Auerbach, and upon being put
to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Luz Urbaez Weinberg
Vice Mayor Michael Stern
Mayor Susan Gottlieb
yes
yes
yes
absent
yes
yes
yes
Resolution No. 2010- 3:z...
Page 2
PASSED AND ADOPTED this 1st day of June, 2010.
APPROVED AS TO LEGAL SUFFICIENCY:
H~
CITY ATTORNEY
EMS/tms
j~ kif
iBSAN GOTTLIEB, MAYOR
FIRST AMENDMENT
TO AGREEMENT
Between
PERFORMING ARTS CENTER AUTHORITY
and
CITY OF AVENTURA
for
STARTUP SERVICES, MANAGEMENT, PROGRAMMING, AND OPERATIONAL SUPPORT
SERVICES FOR THE AVENTURA ARTS AND CULTURAL CENTER
FIRST AMENDMENT TO AGREEMENT
Between
PERFORMING ARTS CENTER AUTHORITY
and
CITY OF AVENTURA
for
STARTUP SERVICES, MANAGEMENT, PROGRAMMING, AND OPERATIONAL SUPPORT
SERVICES FOR THE AVENTURA ARTS AND CULTURAL CENTER
This is the First Amendment to the Agreement dated February 5, 2009 ("Agreement"),
between: PERFORMING ARTS CENTER AUTHORITY (PACA), an independent special district and
a publiC body, politic and corporate, in Broward County organized in the State of Florida under the
laws of Florida (hereinafter "PACA"), which is located at the Broward Center for the Performing Arts
in Broward County, Florida 33312 and the City of Aventura (hereinafter "AVENTURA"), a Florida
municipal corporation, collectively referred to as the "parties or "Parties"for food and beverage
services to include concessions and catering at the Aventura Arts & Cultural Center.
The parties agree to add an Article 8 as follows:
ARTICLE 8
FOOD AND BEVERAGE SERVICES
8.1 PACA agrees to be the primary provider of food and beverage services, to include
concessions and catering services, at the Aventura Arts & Cultural Center "AACC"). In order
to comply with liquor licensing requirements, AVENTURA acknowledges that PACA shall be
the exclusive provider of all alcoholic beverage services at the AACC.
8.2 PACA shall have the ability to sub-contract work at its discretion. In the event of a third party
caterer providing services, gross commissions paid to PACA shall be considered as
revenues for purposes of calculating monthly net operating results.
8.3 The term for the grant of this service provision shall run concurrent with the Management
Agreement in effect between PACA and AVENTURA, including any extensions or renewals
effected to the initial agreement. Notwithstanding the above, either party shall have the right
to terminate for convenience the provision of primary food and services upon giving ninety
(90) days notice in writing to the other party of the intent to terminate.
PACA and Aventura
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First Amendment-2010
8.4 P ACA shall be primarily responsible for the staffing of food and beverage services at AACC.
Both parties acknowledge that direct labor expenses incurred in the delivery of services, to
include on-site supervisory and service personnel, shall be considered as operating
expenses for the determining monthly net operating expenses. Full-time PACA
management personnel engaged in the periodic oversight of the services shall not be
considered as operating expenses.
8.5 PACA shall receive all revenues and shall be responsible for all operating expenses
associated with the food and beverage services ("FBS") at the AACC. In consideration for
this granting of such primary rights, PACA shall remit an amount equal to fifty percent (50%)
of net profits, to be calculated on a monthly basis, to the A VENTURA. In the event that in a
given month FBS revenues do not exceed FBS expenses, PACA shall not remit any funds to
the A VENTURA, and A VENTURA shall not be responsible for any portion of the losses
incurred as a result of such operations. However, PACA shall be permitted to cross-
collateralize months for purposes of recouping losses; therefore, should an operating loss be
incurred in any month and incurred by PACA, PACA shall be entitled to retain AVENTURA's
portion of future profits up until such time as all prior losses are reimbursed or recouped by
PACA. There shall be no minimum guarantee, nor maximum cap, of net revenues to
AVENTURA.
8.6 The liquor license shall be in the joint name of PACA in the name of "Performing Arts Center
Authority" and the "City of Aventura." PACA shall be responsible for making application for
the license, and A VENTURA shall assist in the process as necessary with any necessary
signature or administrative documents to be signed by PACA's President and CEO and
A VENTURA's City Manager. Costs for securing the license shall be amortized over the first
year of operation, and annual license fees shall be considered an operating expense of the
food and beverage services and shall be amortized equally on a monthly basis over each
operating year.
8.7 PACA shall maintain insurance for the services to be provided herein in accordance with the
Startup Services, Management, Programming and Operational Support Services for the
Aventura Arts And Cultural Center Agreement or in the Agreement.
8.8 It is further agreed that no modification, amendment or alteration in the terms or conditions
contained herein shall be effective unless contained in a written document executed by both
parties' authorized representatives with the same formality and of equal dignity herewith.
PACA and Aventura
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First Amendment-2010
8.9 The parties agree that all terms of the Agreement not amended herein shall remain in
full force and effect. The effective date of the First Amendment shall be the date of complete
execution by the parties.lN WITNESS WHEREOF, the parties hereto have made and executed this
First Amendment to the Agreement dated February 5, 2009, on the respective dates under each
signature: PERFORMING ARTS CENTER AUTHORITY, signing by and through its Chair or Vice
Chair, authorized to execute same by Board action on the day of ,20_,
and CITY OF A VENTURA, signing by and through its City Manager, duly authorized to execute
same.
PACA
PERFORMING ARTS CENTER AUTHORITY, an
independent special district and a public body politic and
corporate
~ j(f'k~
r
PACA's Board Secretary Chair
./
\ By /
fa Day of fi4tvt 2016
,
ATTEST:
(SEAL)
Approved as to form by PACA's General Counsel,
County Attorney, Broward County Attorney's Office, in
the City of Fort Lauderdale Broward County, Florida
By
{L.J2s-;::f~ (S-l,-{O)
Andrea S. Froome (Date)
Senior Assistant County Attorney
PACA and Aventura
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First Amendment-201 0
FIRST AMENDMENT TO AGREEMENT BETWEEN PERFORMING ARTS CENTER AUTHORITY
AND CITY OF AVENTURA FOR STARTUP SERVICES, MANAGEMENT, PROGRAMMING AND
OPERATIONAL SUPPORT SERVICES FOR THE AVENTURA ARTS AND CULTURAL CENTER
SERVICES
AVENTURA
CITY OF A VENTURA, a municipality in the State
of Florida
By
Eric M. Soroka, City Manager
_ day of
,20
ATTEST:
APPROVED AS TO FORM:
City Clerk
By
Weiss Serota Helfman Pastoriza Cole &
Boniske, P.L.
City Attorney
(SEAL)
PACA and Aventura
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First Amendment-2010