Resolution 93-20994 • ' ,7 ,,
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• OF•FiCE OF - - a--OR,NEY
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LAURENCE FEINGOLD ':,y�,. ,=`y P.O. BOX O
CITY ATTORNEY �_26`. MIAMI BEACH.FLORIDA 33119-2032
TELEPHONE(305)673-7470
TELECOPY (305)673-7002
COMMISSION MEMO NO. 7121 - 1 3
DECEMBER 15, 1993
• TO: MAYOR SEYMOUR GELBER
. MEMBERS OF THE CITY COMMISSION
ROGER M. CARLTON, CITY MANAGER
FROM: LAURENCE FEINGOLD`
CITY ATTORNEY ,-,/ " =0I
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 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 Lease.
It is recommended that the extension up through and including
January 6, 1994 be approved.
LF:jm
Attachment
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• c:\wp51\1d\mbmelec.mem
•
•
`13
r
AGENDA
- ITEM
DATE
12- . -
1700 CONVENTION CENTER DRIVE— FOURTH FLOOR—MIAMI BEACH, FLORIDA 33139
needs of the Marina can be met on the Dry Stack site and the Marina
uplands; and
WHEREAS, 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
WHEREAS, 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
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, 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.
•
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.
PASSED and ADOPTED this 15, , day December
1993. 7 / /
J/Iir
i
/ MAYOR
ATTEST:
CITY CLERK
FORM APPROVED
c:\wp57\jd\mar3amdex.res LEGAL DEPT.
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OFFC!CE _ ..• • 4--C, NEY •
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F L 0 R I D A
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LAURENCE FEINGOLD ':;s�a. :"h P.O. BOX O
\'��N16"�� MIAMI BEACH.FLORIDA 33119-2032
CITY ATTORNEY ---- • TELEPHONE(305)673-7470
TELECOPY (305)673-7002
COMMISSION MEMO NO. 71 2113
DECEMBER 15, 1993
• TO: MAYOR SEYMOUR GELBER
MEMBERS OF THE CITY COMMISSION
• ROGER M. CARLTON, CITY MANAGER
FROM: LAURENCE FEINGOL� v
CITY ATTORNEY .�`
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 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 Lease.
It is recommended that the extension up through and including •
January 6, 1994 be approved.
LF:jm .
Attachment
•
• c:\wp51\jd\mlynelec.mem •
•
`1 3