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Resolution 94-21015 • f • h I . • RESOLUTION NO. 94-21015 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, THIS PERIOD COMMENCING ON JANUARY 7, 1994, AND ENDING ON FEBRUARY 2, 1994. 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 City 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, an extension would be necessary, such extension commencing on January 7, 1994 and ending on February 2, 1994 ; 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 ' . f .J„ 1 , • ` . , 11 aforestated negotiating period. 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, said period commencing on January 7, 1994 and ending on February 2, 1994. PASSED and ADOPTED this 5t day of anuary , 1994. 1!:;1 MAYOR ATTEST: aot,\„,a.1 F &ro CITY CLERK FORM APPROVED c:\wp57\Jd\mar4amdex.res LEGAL DEPT. By J cD Date I Z-30 C 1 2 OFFICE OF TH1E CITY ATTORNEY ty ceis weed F L O R , I D A MCORP Y;GATT.)i= P O BOX 0 LAURENCE FEINGOLD ^.s� ';�� CITY ATTORNEY MIAMI BEACH.FLORIDA 33 1 1 9-2032 ��1 TELEPHONE 1305)673-7470 TELECOPY ;305)673-7002 COMMISSION MEMO NO. aq-Cilq JANUARY 5, 1994 TO: MAYOR SEYMOUR GELBER MEMBERS OF THE CITY COMMISSION ROGER M. CARLTON, CITY MANAGER FROM: LAURENCE FEINGOLD CITY ATTORNEY 1 RE: MIAMI BEACH MARINA DRY-STACK ELECTION DATE 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 February 2, 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 Lease. It is recommended that the extension up through and• including February 2, 1994 be approved. LF:jm • Attachment c:\wp51\1d\nDiielec.mem • 3 38 AGENDA ITE11 4-1 QV\ DATE I - 5 - 1Li 1700 CONVENTION CENTER DRIVE- FOURTH FLOOR -MIAMI BEACH, FLORIDA 33139