B A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING, FOLLOWING SECOND READING/PUBLIC HEARING, A LEASE AGREEMENT (“LEASE”), AS AUTHORIZED UNDER SECTION 82-37 OF THE CITY CODE AND SECTION 1.03(B)(4) OF THE CITY CHARTER, BETWEEN THE CITY OF MIAMI BEACH (“CITY”) AND MIAMI NEW DRAMA, INC., A FLORIDA NOT-FOR-PROFIT CORPORATION (“LESSEE”), OF A PORTION OF THE CITY-OWNED COLLINS PARK GARAGE LOCATED AT 340 23RD STREET (THE “PROPERTY”), FOR THE DEVELOPMENT AND OPERATION OF THE COLLINS PARK CULTURAL ARTS FACILITY, WHICH LEASE SHALL INCLUDE THE FOLLOWING USES: (1) A THEATER FOR PRODUCTION OF LIVE THEATRICAL PERFORMANCES AND USES ANCILLARY THERETO; (2) ADMINISTRATIVE AND BUSINESS FUNCTIONS AND REHEARSAL, COSTUME, AND SET DESIGN FACILITIES FOR PERFORMANCES; AND (3) A RESTAURANT CAFÉ PURSUANT TO A SUBLEASE TO A THIRD-PARTY OPERATOR (COLLECTIVELY, THE “PROJECT”); FURTHER, WAIVING, BY 5/7TH VOTE THE COMPETITIVE BIDDING AND APPRAISAL REQUIREMENTS OF SECTION 82-39 OF THE CITY CODE, FINDING THE PUBLIC INTEREST TO BE SERVED BY WAIVING SUCH REQUIREMENTS; PROVIDING FOR AN INITIAL TERM OF FIVE (5) YEARS, WITH UP TO THREE (3) RENEWAL TERMS FOR A PERIOD OF FIVE (5) YEARS EACH; FURTHER, PROVIDING THAT THE LEASE IS SUBJECT TO AND CONTINGENT UPON AN APPROPRIATION OF FUNDS BY THE CITY COMMISSION, AT ITS SOLE DISCRETION, IN THE AMOUNT OF $4,750,000 ON OR BEFORE OCTOBER 1, 2024; FURTHER, AUTHORIZING AN AMENDMENT TO THE MANAGEMENT AGREEMENT BETWEEN THE CITY AND MIAMI NEW DRAMA, INC. FOR THE COLONY THEATRE (“MANAGEMENT AGREEMENT”), TO EXTEND THE TERM OF THE MANAGEMENT AGREEMENT FOR A PERIOD TO RUN COTERMINOUS WITH THE TERM OF THE LEASE AND FURTHER, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE FINAL NEGOTIATED AGREEMENTS.