651-2020 RDA RESOLUTION NO. 651-2020
A RESOLUTION OF THE CHAIRPERSON AND MEMBERS OF THE
MIAMI BEACH REDEVELOPMENT AGENCY ("RDA"), APPROVING
THE RDA'S JOINDER TO THE LEASE AGREEMENT ("LEASE")
BETWEEN THE CITY OF MIAMI BEACH ("CITY") AND MB MARINA
PARK, LLC, AN AFFILIATE OF SUNTEX MARINA INVESTORS, LLC
(THE "LESSEE"), OF THE CITY-OWNED PROPERTIES LOCATED
AT 300-390 ALTON ROAD, (FOLIO NOS. 02-4203-009-9210, 02-
4203-000-0010, AND 02-4203-009-9250), AN APPROXIMATELY 3.51
ACRE SITE (THE "LEASED PROPERTY"), APPROVED PURSUANT
TO CITY COMMISSION RESOLUTION 2020-31345, FOR THE
OPERATION OF THE MIAMI BEACH MARINA, WITH SUCH JOINDER
SOLELY TO THE EXTENT THE RDA IS AFFECTED OR OBLIGATED
BY THE TERMS THEREOF, AND BY REASON OF CERTAIN
LEASES, LICENSES OR PERMITS HELD BY THE RDA WITH
RESPECT TO THE MARINA, INCLUDING, WITHOUT LIMITATION,
THE SUBMERGED LANDS AREA LEASED TO THE CITY AND RDA BY
THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENTS
TRUST FUND OF THE STATE OF FLORIDA, AS MAY BE AMENDED
(BOT FILE NO. 130765469); FURTHER, PROVIDING THAT THE
LEASE SHALL BE SUBJECT TO AND CONTINGENT UPON
APPROVAL BY A MAJORITY OF THE VOTERS VOTING IN A CITY-
WIDE REFERENDUM PURSUANT TO SECTION 1.03(B)(1) OF THE
CITY CHARTER.
WHEREAS, the City is the owner of the properties located at 300-390 Alton Road,
the current location of the Miami Beach Marina, Folio Nos. #02-4203-000-0010, 02-4203-
009-9210 and 02-4203-009-9250 (the "Development Site"); and
WHEREAS, on or about April 28, 2010, the City and the RDA entered into a
Sovereignty Submerged Lands Lease with the Board of Trustees of the Internal
Improvements Trust Fund of the State of Florida, as more fully described in BOT File No.
130765469) (the "Submerged Lands Lease"), for the lease to the City and RDA of the
submerged lands where the Miami Beach Marina boat slips and related docking facilities
are located ("Area 2") (collectively, the Development Site and Area 2, the "Miami Beach
Marina"); and
WHEREAS, since 1983, the Miami Beach Marina has been leased to Miami Beach
Marina Associates, Ltd. ("Current Lessee"), for use solely as a boat port, marina and
recreation facility offering dockage, mooring and other marina related services for use by
the general public. (the "Existing Marina Lease"); and
WHEREAS, on June 15, 1983, via Resolution 14-83, the RDA approved the joinder
of the RDA to the Existing Marina Lease, to the extent affected or obligated by the Existing
Marina Lease, and by reason of any control of the RDA pursuant to the provisions of the
Fla. Stat. 163 (the "Community Redevelopment Act") with respect to the former South
Pointe Redevelopment Area; and
WHEREAS, Marina Park Residential, LLC, f/k/a Alton Road Mixed Use
Investments, LLC ("Marina Park Residential") and an affiliate thereof, Marina Park
Commercial, LLC ("Marina Park Commercial, LLC") (jointly and severally, the
"Developer"), along with Suntex Marina Investors, LLC, an affiliate of the Current Lessee,
are proposing a public-private partnership with the City for the purpose of developing and
constructing a project on the Development Site ("Project"); and
WHEREAS, on July 29, 2020, via Resolution No. 2020-31343, the Mayor and City
Commission approved a Development Agreement for the Marina Park Project; and
WHEREAS, on July 29, 2020, via Resolution No. 2020-31345, the Mayor and City
Commission approved a new lease agreement for the Miami Beach Marina, between the
City and MB Marina Park, LLC, an affiliate of Suntex Marina Investors, LLC (the "New
Lessee"), with a term of ninety-nine (99) years ("New Lease"), which New Lease is
included as Exhibit"5"to the Consolidated Commission Memorandum for the Marina Park
Project (Agenda Item R7A) on the July 29, 2020 City Commission Agenda; and
WHEREAS, in order to effectuate the terms of the New Lease in connection with
the Miami Beach Marina Project, the New Lease requires the RDA's joinder to the New
Lease to the extent that the RDA is affected or obligated by the terms of the New Lease,
and by reason of certain leases, licenses and permits held by the RDA with respect to the
Miami Beach Marina, including, without limitation, the Submerged Lands Lease
("Joinder"); and
WHEREAS, the New Lease, and the RDA's Joinder thereto, shall be subject to
and contingent upon approval of the New Lease by a majority of the voters voting in a
City-wide referendum pursuant to Section 1.03(b)(1) of the City Charter.
WHEREAS, for the reasons outlined in the RDA Memorandum accompanying this
Resolution and the Commission Memorandum accompanying Agenda Item R7A on the
July 29, 2020 City Commission Agenda, which RDA Memorandum and Commission
Memorandum (and exhibits thereto) are incorporated by reference as if fully set forth
herein, the Executive Director recommends approval of this Joinder.
NOW, THEREFORE, BE IT RESOLVED BY THE CHAIRPERSON AND
MEMBERS OF THE MIAMI BEACH REDEVELOPMENT AGENCY ("RDA"), that the
Chairperson and Members of the RDA hereby approve RDA's joinder to the Lease
Agreement ("Lease") between the City of Miami Beach ("City") and MB Marina Park,
LLC, an affiliate of Suntex Marina Investors, LLC (the "Lessee"), of the City-owned
properties located at 300-390 Alton Road, (Folio Nos. 02-4203-009-9210, 02-4203-
000-0010, and 02-4203-009-9250), an approximately 3.51 acre site (the "Leased
Property"), approved pursuant to City Commission Resolution 2020-31345, for the
operation of the Miami Beach Marina, with such joinder solely to the extent the RDA
2
is affected or obligated by the terms thereof, and by reason of certain leases, licenses
or permits held by the RDA with respect to the marina, including, without limitation,
the submerged lands area leased to the City and RDA by the Board of Trustees of the
Internal Improvements Trust Fund of the State of Florida, as may be amended (BOT File
No. 130765469); further, providing that the Lease shall be subject to and contingent
upon approval of the Lease by a majority of the voters voting in a City-wide
referendum pursuant to Section 1.03(b)(1) of the City Charter.
PASSED AND ADOPTED this day of July, 2020.
ATTEST:
/d124.%-2.1 ri_Crta Dan Gelber, Chairperson
Rafael E. Granado, Secretary
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1F ORP OP. 1ED
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APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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Redevelopment Agency(2_,
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General Counsel �p
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Agenda Item: RDA-2
Date: 7-29-2020
AM I BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission NI/
FROM: Raul J. Aguila, Miami Beach Redevelopment Agency General Counse
DATE: July 29, 2020
SUBJECT: A RESOLUTION OF THE CHAIRPERSON AND MEMBERS OF THE MIAMI
BEACH REDEVELOPMENT AGENCY ("RDA"), APPROVING THE RDA'S
JOINDER TO THE LEASE AGREEMENT ("LEASE") BETWEEN THE CITY OF
MIAMI BEACH ("CITY") AND MB MARINA PARK, LLC, AN AFFILIATE OF
SUNTEX MARINA INVESTORS, LLC (THE "LESSEE"), OF THE CITY-OWNED
PROPERTIES LOCATED AT 300-390 ALTON ROAD, (FOLIO NOS. 02-4203-
009-9210, 02-4203-000-0010, AND 02-4203-009-9250), AN APPROXIMATELY
3.51 ACRE SITE (THE "LEASED PROPERTY"), APPROVED PURSUANT TO
CITY COMMISSION RESOLUTION 2020- . FOR THE OPERATION OF
THE MIAMI BEACH MARINA, WITH SUCH JOINDER SOLELY TO THE
EXTENT THE RDA IS AFFECTED OR OBLIGATED BY THE TERMS THEREOF,
AND BY REASON OF CERTAIN LEASES, LICENSES OR PERMITS HELD BY
THE RDA WITH RESPECT TO THE MARINA, INCLUDING, WITHOUT
LIMITATION, THE SUBMERGED LANDS AREA LEASED TO THE CITY AND
RDA BY THE BOARD OF TRUSTEES 'OF THE INTERNAL IMPROVEMENTS
TRUST FUND OF THE STATE OF FLORIDA, AS MAY BE AMENDED (BOT
FILE NO. 130765469); FURTHER, PROVIDING THAT THE LEASE SHALL BE
SUBJECT TO AND CONTINGENT UPON APPROVAL BY A MAJORITY OF
THE VOTERS VOTING IN A CITY-WIDE REFERENDUM PURSUANT TO
SECTION 1.03(B)(1) OF THE CITY CHARTER.
BACKGROUND
The City is the owner of the properties located at 300-390 Alton Road, the current location of the
Miami Beach Marina, Folio Nos. #02-4203-000-0010, 02-4203-009-9210 and 02-4203-009-9250
(the "Development Site").
Since 1983, the Miami Beach Marina has been leased to Miami Beach Marina Associates, Ltd.
("Current Lessee"), for use solely as a boat port, marina and recreation facility offering dockage,
mooring and other marina related services for use by the general public. (the "Existing Marina
Lease").
Because of the RDA's involvement in the development of the South Pointe Redevelopment
Area in the 1980s and 1990s,the RDA is a party to certain leases and other licenses/permits
pertaining to the operation of the Miami Beach Marina.
221
Memorandum
July 29, 2020
Page 2
On June 15, 1983, via Resolution 14-83, the RDA approved the joinder of the RDA to the Existing
Marina Lease, to the extent affected or obligated by the Existing Marina Lease, and by reason of
any control of the RDA pursuant to the provisions of the Fla. Stat. 163 (the "Community
Redevelopment Act")with respect to the former South Pointe Redevelopment Area.
Most recently, on or about April 28, 2010, the City and the RDA entered into a Sovereignty
Submerged Lands Lease with the Board of Trustees of the Internal Improvements Trust Fund of
the State of Florida, as more fully described in BOT File No. 130765469) (the "Submerged Lands
Lease"), for the lease to the City and RDA of the submerged lands where the Miami Beach Marina
boat slips and related docking facilities are located ("Area 2") (collectively, the Development Site
and Area 2, the"Miami Beach Marina").
ANALYSIS
Marina Park Residential, LLC, f/k/a Alton Road Mixed Use Investments, LLC ("Marina Park
Residential") and an affiliate thereof, Marina Park Commercial, LLC ("Marina Park Commercial,
LLC")(jointly and severally, the"Developer"), along with Suntex Marina Investors, LLC,an affiliate
of the Current Lessee, are proposing a public-private partnership with the City for the purpose of
developing and constructing a project on the Development Site ("Project") that would include:
(1) a private luxury residential tower with a maximum of 60 residential units and a
maximum of approximately 275,000 square feet, with a maximum height of 385 feet;
(2)a new Marina building and enhanced neighborhood retail uses on the site of the current
Marina building, with a total of approximately 45,000 square feet of accessory restaurant, retail
and office space, to upgrade the existing condition of the Marina facilities, which are dated and
unattractive; and
(3) substantial green space, including a contiguous ground-level public park of at least 1
acre which will be owned and controlled by the City and dedicated as a public park for the benefit
of the general public, as well as other improvements, including resiliency enhancements and
improvements to the public baywalk along the Miami Beach Marina(collectively, (1) — (3) above,
the "Marina Park Project").
On July 29, 2020, via Resolution No. 2020- , the Mayor and City Commission approved
a Development Agreement for the Marina Park Project; and
On July 29, 2020, via Resolution No. 2020- , the Mayor and City Commission approved
a new lease agreement for the Miami Beach Marina, between the City and MB Marina Park, LLC,
an affiliate of Suntex Marina Investors, LLC (the "New Lessee"), with a term of ninety-nine (99)
years("New Lease"),which New Lease is included as Exhibit"5"to the Consolidated Commission
Memorandum for the Marina Park Project (Agenda Item R7A) on the July 29, 2020 City
Commission Agenda.
In order to effectuate the terms of the New Lease in connection with the Miami Beach Marina
Project, the New Lease requires the RDA's joinder to the New Lease to the extent that the RDA
is affected or obligated by the terms of the New Lease, and by reason of certain leases, licenses
222
Memorandum
July 29, 2020
Page 3
and permits held by the RDA with respect to the Miami Beach Marina, including, without limitation,
the Submerged Lands Lease ("Joinder").
The New Lease shall be subject to and contingent upon approval of the New Lease by a majority
of the voters voting in a City-wide referendum pursuant to Section 1.03(b)(1) of the City Charter.
CONCLUSION
For the reasons outlined herein, and in the Commission Memorandum accompanying Agenda
Item R7A on the July 29, 2020 City Commission Agenda, which Commission Memorandum (and
exhibits thereto) are incorporated by reference as if fully set forth herein, the Executive Director
recommends approval of this Joinder.
223
RESOLUTION NO.
A; RESOLUTION OF THE CHAIRPERSON AND MEMBERS OF THE
MIAMI BEACH REDEVELOPMENT AGENCY ("RDA"), APPROVING
THE RDA',S JOINDER TO. THE LEASE AGREEMENT ("LEASE")
,BETWEEN THE CITY OF MIAMI iBEACH ("CITY") AND MB MARINA
PARK, LLC, AN AFFILIATE OF.SUNTEX MARINA INVESTORS, LLC
(THE "LESSEE"), OF THE CITY-OWNED PROPERTIES LOCATED
AT ,300-390 ALTON ROAD; (FOLIC, NOS. 02-4203-009-9210, 02-
4203-000-0010, AND 02-4203-009-9250), AN APPROXIMATELY 3.51
ACRE SITE (THE "LEASED PROPERTY"), APPROVED PURSUANT
TO CITY COMMISSION RESOLUTION 2020- , FOR THE
OPERATION OF THE MIAMI BEACH MARINA, WITH SUCH JOINDER
.SOLELY TO THE EXTENT THE RDA IS AFFECTED OR OBLIGATED
BY THE TERMS THEREOF; AND BY REASON OF CERTAIN
LEASES, LICENSES OR PERMITS HELD BY THE RDA WITH
RESPECT TO. THE MARINA, INCLUDING, WITHOUT LIMITATION,
THE SUBMERGED LANDS AREA LEASED TO THE CITY AND RDA BY
THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENTS
TRUST 'FUND OF THE STATE,OF FLORIDA, AS. MAY BE.AMENDED
(BOT FILE NO. 130765469); FURTHER, PROVIDING THAT THE
LEASE SHALL BE SUBJECT 'TO AND' CONTINGENT UPON
APPROVAL BY A MAJORITY OF THE VOTERS VOTING IN A CITY-
WIDE REFERENDUM PURSUANT TO SECTION 1.03(B)(1) OF THE
CITY CHARTER:
WHEREAS, the City isthe ownerof the properties located at 300-390 Alton Road,
the current location of the Miami Beach Marine, Folio Nos.#02-4203-000-0010, 02-4203-
009-9210 and 02-4203-009-9250 (the "Development Site"); and
WHEREAS, On or about April 28, 2010; the City and the RDA entered into a
Sovereignty Submerged Lands Lease with the Board of Trustees of the Internal
Improvements Trust Fund of the State of Florida, as more fully described in BOT File No.
130765469) (the "Submerged Lands Lease"), for the lease to the City and RDA of the
submerged lands where the Miami Beach Marina boat slips and related docking facilities
are. located ("Area 2') (collectively, the Development Site and Area 2, the "Miami Beach
Marina");.and
WHEREAS, since 1983,the Miarrii Beach Marine has been leased to IVIiarni Beath
Marina Associates, Ltd. ("Current Lessee"),. for use solely as a boat port,, marina and
recreation facility offering dockage, mooring and other marina related services-for use by
the general public. (the "Existing Marine Lease");.and
WHEREAS, on June 15,1983, via Resolution 14-83,the RDA approved the joinder
of the RDA to the Existing Marina Lease,to the extent affected or obligated by the.Existing
Marina Lease, and by reason of any control of the RDA pursuant tO the provisions of the
224
Fla. stat, 163 (the "Community Redevelopment Act") with respect to.the former South
Pointe Redevelopment Area; and
WHEREAS, Marina Park 'Residential, LLC, f/k/a Alton Road Mixed Use
Investments, LLC ("Marina Park Residential") and an affiliate thereof, Marina Park
Commercial, LLC ("Marina Park lCommercial, LLC") (jointly and severally, the
"Developer"), along with Suntex Marina Investors, LLC, an affiliate of the Current Lessee;
are proposing a public-private partnership with the City for the purpose of developing and,
constructing a.project on the Development Site("Project"); and
WHEREAS, on July 29.,•2020-, via Resolution,No. 2020- , the Mayor and
City Commission approved a Development Agreement for the Marina Park Project; and
WHEREAS, on July 29, 2020, via Resolution No. 2020- .,.the Mayor and
City Commission approved a new lease agreement for the Miami Beach Marina, between
the City and MB Marina Park, LLC;an affiliate of Suntex Marina Investors, LLC (the"New
Leasee"), with a term of ninety-nine (99) years ("New Lease"); which New Lease, is
included as Exhibit"5"to the Consolidated Commission Memorandum for the Marina Park
Project (Agenda Item:R7A) on the July 29, 2020 City Commission,Agenda; and
WHEREAS, in order to effectuate the terms Of the New Lease in connection with
the-Miami Beach Marina Project,the New Lease requires the RDA's joinder to the New
Lease to the extent that the RDA is affected'or obligated by the terms of the New Lease,
and byreasonof certain leases„licenses and permits held by the RDA with respect to the
Miami Beach Marina, including, without limitation, the Submerged Lands Lease
(":Joinder"); and:
WHEREAS, the NéwLease, and the RDA's joinder thereto, shall bp :subject to
and 'contingent upon approval of the New Lease by a majority of the voters voting in a
City-wide referendum;pursuantto SeCtion 1.03(b)(1) of the City Charter.
WHEREAS, for the reasons outlined in the RDA Memorandum accompanying this
Resolution and the Commission Memorandum accompanying Agenda Item R7A,on the
July 29, 2020 City Commission Agenda, which RDA Memorandum and Commission
Memorandum (and exhibits thereto) are incorporated by reference as if fully set forth
herein, he Executive:Director recommends approval of this Joinder.
NOW, THEREFORE, BE IT RESOLVED BY THE CHAIRPERSON AND
MEMBERS OF THE MIAMI BEACH REDEVELOPMENT AGENCY ("RDA"), that the
Chairperson and Members of the RDA hereby approve RDA's joinder to the Lease
Agreement ("Lease") between the City of Miami Beach ("City") and MB Marina Park,
LLC, an affiliate Of Suntex Marina Investors, LLC (the "Lessee"), of the City-owned
properties located at 300-390 Alton Road, (Folio Nos. 024203-009-9210, 02-4203-
000-0010, and 02-4203-009-9250), an approximately 3.51 acre site (the "Leased
Property"), approved pursuant to City Commission Resolution; 2020- , for
the. operation of:the Miami Beach Marina, with such joinder solely to the extent the
2
225
RDA is affected or obligated by the terms thereof, and by reason of certain leases,
licenses or permits held by the RDA with respect to the marina, including, without
limitation, the submerged lands area leased to the City and RDA by the Board of
Trustees of the Internal improvements Trust Fund of the State of Florida, as may be
amended (BOT File No. 130765469); further, providing that the Lease shall be subject
to and contingent upon approval of the Lease by a majority of the voters voting in a
City-wide referendurn pursuant to Section 1.03(b)(1) of the City Charter..
PASSED AND ADOPTED,this day of July, 2020..
ATTEST:
Dan Gelber,'Chairperson
Rafael E. Granado, Secretary
APPROVED AS TO
FORM.& LANGUAGE
& FOR EXECUTION
0//2312021)
f4iRedevelopment Agency Date
General Counsel
RP\P
3 •
226