94-21150 Reso
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RESOLUTION NO.
94-21150
A RESOLUTION OF THE MAYOR AND 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.
WHEREAS, on October 23, 1991, the City and Lessee entered into
a First Amendment to Marina Lease Agreement
(the "First
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
of all necessary permits for the construction of the Dry Stack
Facility for the Miami Beach Marina, the Lessee must elect to
either terminate the Marina Lease or proceed with its plans, 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 second amendment to the Marina Lease Agreement, the Mayor and
Ci ty 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 a
Second Amendment to the Marina Lease Agreement, a continuing
extension is recommended by the City and Tallahassee Building
Corporation; and
WHEREAS, during the aforestated extension period, all terms
and conditions of the Marina Lease and First Amendment will remain
in full force and effect, provided that all parties thereto will be
excused and released from any default, either implied or expressed,
under both agreements, as the result of any delays in all matters
related to the construction of the Dry Stack facility during the
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aforestated negotiating period.
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NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and
City Commission herein authorize the City Manager and the City
Attorney to continue with negotiations for a Second Amendment to
Marina Lease Agreement, and further authorize an extension to the
First Amendment to Marina Lease Agreement.
PASSED and ADOPTED this
1994.
ATTEST:
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CI Y CLERK
c:\wp51\jd\maramde12.res
FORM APPROVED
LEGAL DEPT.
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OFFICE OF. THE ClTY ATTORNEY
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CITY ATTORNEY
PO. BOX 0
MIAMI BEACH, FLORIDA 33119-2032
TELEPHONE (305) 673-7470
TELECOPY (305) 673-7002
LAURENCE FEINGOLD
COIIM:ISS:ION MBMO NO. ~
APRIL 20, 1994
FROM:
MAYOR SBYMOUR GBLBBR
MEMBBRS OF THE CITY COMMISSION
ROGBR M. CARLTON, :ZITY :AGER
LAURBNCB FEINGOLD , /J.. _ ._
CITY ATTORNEY ~
~41
TO:
RE: MIAMI BEACH MARINA DRY-STACK ELECTION DATE
At the City Commission meeting of Wednesday, April 13, 1994,
the City Attorney's Office and City Administration advised as to
the current status of the Marina and Portofino negotiations. As it
was explained that the Portofino Development Group has assumed the
position of South Shore Developers, Inc. (S.S.D.I.) in regard to
the upland property, the negotiations with the Tallahassee Building
Corp. (the Marina lessee) have expanded to include concerns
relating to the development of the uplands. It is anticipated that
these expanded negotiations will be even more helpful to the City's
overall long-term position.
As such, both the City and Tallahassee Building Corporation
request an extension of the Dry-stack election date as reflected in
the attached resolution.
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Attachment
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1700 CONVENTION CENTER DRIVE - FOURTH FLOOR - MIAMI BEACH, FLORIDA 33139