LTC 285-2003
CITY OF MIAMI BEACH
Office of the City Mana..ger
Letter to Commission No. 235' Ma3
m
From:
Mayor David Dermer and Date: December 10, 2003
Members of the City Commission
Jorge M. Gonzalez ~ ~~
City Manager () D
PROPOSED PURCHASE AND SALE AGREEMENT OF LEASEHOLD
INTEREST OF AGREEMENT OF LEASE BETWEEN THE CITY OF MIAMI
BEACH AND PELICAN DEVELOPMENT LLC
To:
Subject:
In accordance with City Commission directive on December 10, 2003 in connection with
the referenced item #R7G, attached please find the second letter of Request for
Information seeking the Tenant and proposed Transferee's acknowledgement of items
requested by the City Commission.
If you have any questions, please contact me.
JMG\~'C\rar
F:\cmgr\$ALL\L TC-Q3\Pelican Development 2003Dec10.doc
c: Murray H. Dubbin, City Attorney
Christina M. Cuervo, Assistant City Manager
Robert Parcher, City Clerk
CITY OF MIAMI BEACH
a.
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.f1.us
Office of the City Manager
Telephone (305) 673-7010
Facsimile (305) 673-7782
December 10, 2003
VIA FAX/CERTIFIED MAIL/RETURN RECEIPT REQUESTED
Pelican Development, L.L.C.
c/o Tchoupitoulas Partners
601 Poydras Street, Suite 2011
New Orleans, Louisiana 70130
Attention: David L. Ducote
Re: Proposed Purchase and Sale Agreement of leasehold interest of Agreement of Lease
between the City of Miami Beach and Pelican Development, LLC, dated December 1, 1999
2ND letter-Request for Information
Dear Mr. Ducote:
As a supplement to our December 9, 2003 correspondence, as a result of the Miami Beach City
Commission Meeting of today's date and your testimony regarding the proposed transfer of the
Agreement of Lease, please provide us with information regarding the proposed transferee,
Ocean Blvd IIllC, (hereinafter referred to as "Ocean Blvd") as follows:
1. Please acknowledge, and have the proposed transferee acknowledge, that the
Premises contains 344 parking spaces which are all provided for use by "members of the
general public", in accordance with Section 6.1 (b).
2. Please acknowledge, and have the proposed transferee acknowledge, that the
referenced Agreement of lease, as stated in Section 10.2 (f), does not permit a sublease(s),
in whole or in aggregate, that is "greater than twenty percent (20%) of the parking on the
Premises (other than to subtenants of space in the Project to meet their parking needs),"
without the approval of the City of Miami Beach.
3. Please acknowledge, and have the proposed transferee acknowledge, that in
accordance with the foregoing, that the Premises contains 344 parking spaces of which,
twenty percent (20%) equals no more than 69 parking spaces, and at all times all parking
spaces will be available for the general public.
If you require additional information from us, please let us know.
Sincerely,
~:e~G~~
City Manager
JMG/CMC/AP
N:\$ALL IAnnalPelican DevelopmentlltrRequiredNotices2ndrequesldoc
cc: Murray Dubbin, City Attorney
Pelican Development LLC
December 10, 2003
Page 20f2
Bloom & Minsker, P.L.
Suite 700
1110 Brickell Avenue
Miami, Florida 33131
Attn: Joel N. Minsker, Esq.
Greenberg, Traurig, PA
1221 Brickell Avenue
Miami, Florida 33131
Attn: Richard J. Giusto, Esq.
Ocean Blvd. II LLC
328 S. Walnut Street, Suite 2
Bloomington, IN 47401
Attn: Mark A. Siffin
Bose McKinney & Evans LLP
600 E. 96th Street, Suite 500
Indianapolis, IN 46240
Attn: Philip A. Nicely, Esq.
Dwyer & Cambre
Suite 707
3421 North Causeway Blvd.
Metairie, Louisiana 70002
Attn: Stephen I. Dwyer, Esq.