RESOLUTION 89-19513 RESOLUTION NO. 89_19513
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE
CITY MANAGER
AND THE CITY ATTORNEY, UPON
RECEIPT OF CERTAIN DOCUMENTS, TO ENTER INTO
NEGOTIATIONS WITH MIAMI BEACH MARINA VILLAGE,
INC. FOR THE PURPOSE OF TRANSFERRING THE
OPERATIONS OF THE MIAMI BEACH MARINA TO MI
BEACH MARINA VILLAGE, AM I
INC . AND SETTLING THE
PENDING LITIGATION BETWEEN STEPHEN CARNER, ET
AL, AND THE CITY OF MIAMI BEACH, FLORIDA,
ETC . , ET AL. ; PROVIDING AN EFFECTIVE DATE .
WHEREAS, on June 24 , 1983, the Cityof Miami
Beach (the
"City" ) entered into a Lease Agreementthe
( "Lease" ) with
Carner-Mason Associates, Ltd. ( "Carner-Mason" ) which h provided for
the development and operation of a full service marina facility
on the southwest portion of Miami Beach "
the "Marina" ) ;na ) ; and
WHEREAS, the Lease specified certain obligations g and rights
• of the City and certain obligations and rights of Garner-Masan;
and
WHEREAS, disputes have arisen between the City and
Carner-Mason concerning various provisions in theLease;
and
WHEREAS, as a result of those disputes , a lawsuit
has been
filed; styled Stephen earner, et al . vs . Cityof Miami mi Beach,
Florida, etc . , et al , Case No. 85-35879-CA-19 ( the "
Liti.gation" •
and
WHEREAS, Miami Beach Marina Village, Inc . V'"Marina Village" )
xl.lage )
is in the process of negotiating an agreement with th Garner-Mason
( the "Agreement" ) , pursuant to which Marina Village will 1 t ake
over the operations of and finish construction of the Marina and
which agreement also will provide for the settling of the
Litigation; and
WHEREAS, after the Agreement has been executed, the City
will be asked to meet with Marina Village in order to attempt to
resolve the Litigation and transfer the operations of the Marina
na
to Marina Village.
NOW, THEREFORE, BE IT RESOLVED by the Cityof Miami
Beach
Commission as follows :
Section 1 . That the City Manager and the CityAttorney rney are
hereby authorized to enter into negotiations with •
Marina Village
for the purpose of settling the Litigation and transferring the
operations of the Marina to Marina Village upon receipt o f :
A) Evidence of a signed Agreement between Marina
Village and Carner-Mason; and
B) The letter from Garner-Mason referred to in Section
2 of this Resolution.
Section 2 . As evidenced by the letter submitted to the City
by Garner-Mason, a copyof which will
be provided to the City
prior to the start of negotiations, it is clearly understood
Y by
Carner-Mason and the City that this Resolution and any
negotiations, discussions, draft agreements or other
correspondence that result from this Resolution are all in the
nature of settlement discussions and negotiations and as such,
shall not be introduced or referred to in the Litigation by
either the City of Carner-Mason.
Section 3 . That this Resolution shall be effective
upon
adoption.
PASSED , AND ADOPTED this 1st dayo f February,uary, 1989 ,
Age /lidal7
A'OR
ATTEST:
i7(( 454%./
CITY CLERK
Form Approved
Legal Department
,,Ir
Date: -6- I -
. 5
WPRL: 1DC0131RJW
ORIGINAL
RESOLUTION NO. 89-19513
(Authorizing the City Manager and the Cit
Attorney, upon receipt of certain docu-
ments, to enter into negotiations with
Miami Beach Marina Village, Inc. , for
the purpose of transferring the operations
of the Miami Beach Marina to Miami Beach
Marina Village, Inc. , and settling the
pending litigation between Stephen
Garner, ET AL, and the City of Miami
Beach, Florida Etc. , ET AL; providing
for an effective date)