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95-21015 Reso T s RESOLUTION NO. 94 -21015 A RESOLUTION OF THE MAYOR MW CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER AND THE CITY ATTORNEY TO CONTINUE WITH NEGOTIATIONS FOR A SECOND AMENDMENT TO MARINA LEASE AGREEMENT, AND AUTHORIZING AN EXTENSION TO THE FIRST AMENDMENT TO MARINA LEASE AGREEMENT, THIS PERIOD COMMENCING ON JANUARY 7, 1994, AND ENDING ON FEBRUARY 2, 1994. . WHEREAS, on October 23, 1991, the City and Lessee entered into a First Amendment to Marina Lease. (the A reement "First g Amendment ") , agreeing to modify certain terms and conditions of the . Marina Lease; and WHEREAS, pursuant to the First Amendment, on or before the date which is two years after the date of execution of the First Amendment (or October 23, 1993) or within thirty days after receipt p of all n cessary permits for the construction of the Dry Stack Facility for the Miami Beach Marina, the Lessee must elect to either t rminate the Marina Lease or proceed with its p lans as required by the First Amendment, to complete the final design and permitting, as well as construction of, the Dry Stack Facility - (the "Second Election Date ") and WHEREAS, in order to provide the Administration and City Attorney's Office with sufficient time within which to meet with the Lessee and negotiate mutually agreeable terms and conditions for a sec nd amendment to the Marina Lease Agreement, the Mayor and g Y City Commission have approved prior extensions to the Election Date; and WHEREAS, in order to provide the Administration and City Attorney's Office with additional time to continue negotiating g g a Second Am ndment to the Marina Lease Agreement, an extension would { be necessary, such extension commencing on January 7, 1994 and ending on February 2, 1994; and WHE , AS, during the aforestated extension p eriod all terms and condi ions of the Marina Lease and First Amendment will remain in full foirce and effect, provided thdt all p arties thereto will be excused and released from any default, either implied or expressed, p under both agreements, as the result of any delays s in all matters 6 t 1 aforestated negotiating period. NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSI N OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission herein authorize the City Manager and the Cit. Y Attorney to continue with negotiations for a Second Amendment to Marina Lase Agreement, and further authorize an extension to the First Amendment to Marina Lease Agreement, said period commencing on January 7, 1994 and ending on February 2, 1994. PAS ED and ADOPTED this day of`anuary _ .._ 5th 1994. MAYOR ATTEST. l'''' ‘4... , L itte.ikA _._. re - 4 CITY CLERK FORM APPROVED c: \wp51 \jd \mar amdex.res LEGAL DEPT. Date i 3 Y 2 1 L _ • i „, k , , , i , .. . ,, OFFICE or TH = CITY ATTORNEY - 6 4 F L OR I • D A 14.46.1c:5, M s LAURENCE FEINGOLD � - , P.0 BOX O ' ,,, .7. q , :\ MIAMI BEACH. FLORIDA 33"9 -2032 C:TY ATTORNEY 2 �_ TELEPHONE (305) 673-7470 TELECOPY ;305 673 -7002 _ - JANUARY 5, 1994 TO MAYOR SEYMOUR GELBER ,' MEMBERS.OF THE•CITY COMMISSION . ROGER M CARLTON, CITY MANAGER FROM LAURENCE FEINGOLD L. (-9 CITY ATTORNEY RE: MIAMI BEACH MARINA DRY -STACK ELECTION DATE As the Commission is aware, prior extensions to the "Election. • Date" under which the Marina Lessee had to decide whether or not to co it to the construction of the . Dry Stack Facility were approved. The attached resolution extends up through and including the date ' of • February 2, 1994 for this Election to occur due to our on -going negotiat_ions_with the Marina Lessee regarding the construction of the Dry .Stack and the provision of parking spaces required to be furnished under the Lease. It is recommended that the extension up through and-including February 2, 1994 be approved. • LF:jm . • Attachment c:\ 1 \1d \mbmelec.mem , . i28 AGENDA ITEm C .-11 1 — . DATE i -- 5 - 9 q , , 1700 CONVENTION CENTER DRIVE- FOURTH FLOOR — MIAMI BEACH, FLORIDA 33139