93-20994 Reso
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RBSOLUTIOB 110.
93-20994
A RBSOLUTIOB 01' TJIB DYOR AlII) CITY CODISSIOB
01' TJIB CITY 01' XIAXI BEACH, I'LORIDA,
AU'l'BORIZIBG TJIB CITY XUAGER AlII) TJIB CITY
A'1'TORllBY TO COIl'l'IItUB WI'l'B IIBGO'1'IA'1'IOBS !'OR A
SECORD AJlBIIDXBII'l' TO ORIllA LEASE AGRBBKBII'l' ,
AlII) AUTBORIZIBG A 'l'BIRD E):'1'EBSIOB TO TJIB I'IRS'1'
AJlBRDXBII'l' TO ORIllA LEASE AGRBBKBII'l' !'OR A
PERIOD IIO'l' TO B):CBBD 'l'WBII'l'Y-OIIB (22 ) DAYS,
SAID PERIOD COXMBBCIBG OB DECEMBBR 16, 1993,
AlII) ERDIBG OB JABUARY I, 1994.
1fJIBRBAS, on June 24, 1983, the City entered into a Lease
Agreement with Carner-Mason Associates ("Carner-Mason"), for the
purpose of leasing land for the construction and development of the
Miami Beach Marina (the "Marina Lease"); and
1fJIBRBAS, pursuant to a foreclosure of a mortgage on the Marina
Lease, Tallahassee Building Corporation ("Lessee") acquired the
interest in the Marina Lease previously owned by Carner-Mason; and
WBBRBAS, 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
1fJIBRBAS, 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
1fJIBRBAS, Lessee has been proceeding over the last year in
obtaining the necessary approvals to construct the afore stated Dry
Stack Facility; and
WBBRBAS, Lessee's proposal for the Dry Stack Facility has been
met with great concerns on the part of the Miami Beach Housing
Authority which, when combined with other significant economic
factors, has prompted Lessee to explore with the City the
possibility of foregoing its right to build the Dry Stack Facility,
as currently required by the Marina Lease if the long term parking
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needs of the Marina can be met on the Dry Stack site and the Marina
uplands; and
WHERBAS, pursuant to the terms of the ,First Amendment, the
City is also required to provide up to 1,000 parking spaces and a
pedestrian overpass for the Miami Beach Marina needs, upon the
development of the Marina uplands, and this requirement, while
previously negotiated as part of the First Amendment is, in light
of the currently critical parking situation within the city,
proving to be a burden and hardship for the City; and
WHERBAS, the Administration and City Attorney's office have
determined that the aforestated issue should be presently addressed
with the Lessee, and that a Second Amendment to the Marina Lease
Agreement be negotiated to adequately resolve same; 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
City commission previously approved extensions to the First
Amendment to the Marina Lease; and
WHERBAS, 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 third extension
would be necessary, such extension commencing on December 16, 1993
and continuing for a period not to exceed twenty-two (22) days, and
ending on January 6, 1994; and
WHEREAS, during the aforestated additional twenty-two (22) day
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 aforestated negotiating period.
ROW THBREFORE, BB IT DULY RESOLVED BY THB DYOR U1D CITY
COHNISSIOR OP THB CITY OP KIANI BBACH, PLORIDA, that the Mayor and
city Commission herein authorize the City Manager and the City
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Attorney to continue with negotiations for a Second Amendment to
Marina Lease Agreement, and further authorize a third extension to
the First Amendment to Marina Lease Agreement for a period not to
exceed twenty-one (22) days, said period commencing on December 16,
1993, and ending on January 6, 1994.
PASSBD and ADOPTBD this
1993.
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ATTEST:
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CI Y CLERK
c:\wp51\jd\mer3amdex.res
FORM APPROVED
LEGAL DEPT.
By :r"u>
Date n-IO~~3.
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CITY ATTORNEY
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POBOX 0
MIAMI BEACH. FLORIDA 33~ '9-2C32
TELEPHONE (305) 6i3-i4iO
TELECOPY ,30516i3-7002
LAURENCE FEINGOLD
ooIIIII88IOB IIBXO )10. ~
DJKZIIIl1ID 15, 1993
r:R01I1
KaYO. SBYMOUR GBLBBR
KBIIBB.. or TBB CITY ooIIIIIS8IOB
RaGB. II. CARLTOB, CITY NaBaGBR
LA~ DIBGOLI\;-'~ {~// /
CITY ATTORDY/ ~~7 u~
IIIUI BOCK IlARIIIA DRY-STACIt BLIICTIOB DAR
TOI
RBI
As the Commission is aware, prior extensions to the "Election
Date" under which the Marina Lessee had to decide whether or not to
commit to the construction of the Dry Stack Facility were approved.
The attached resolution extends up through and including the date
of January 6, 1994 for this Election to occur due to our on-going
negotiations with the Marina Lessee regarding the construction of
the Dry Stack and the provision of parking spaces required to be
furnished under the ~ase.
It is recommended that the extension up through and including
January 6, 1994 be approved.
LF:jm
Attachment
c:\wp51\jd\*ltlec:._
43
AGENDA
ITEM
R -1-=-F
12-1C; -ct3
DATE
1700 CONVENTION CENTER DRIVE - FOURTH FLOOR - MIAMI BEACH. FLORIDA 33139