Resolution 94-21081 ' A • 1.1
RESOLUTION NO. 94-21081
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 MARCH 3, 1994, AND ENDING
ON APRIL 20, 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 March 3 , 1994 and ending
on April 20, 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
related to the construction of the Dry Stack facility during the
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 March 3 , 1994 and ending on April 20, 1994 .
A
PASSED and ADOPTED this 2nd day of March
1994 . %
MAYOR
ATTEST:
A.A. _ aITY CLERK
FORM APPROVED
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LEGAL DEPT.
By a
Date
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2
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OFFICE OF THE CITY ATTORNEY
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F L O R I D A
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LAURENCE FEINGOLD - �. rah
1c��9 MIAMI DEACH,FLORIDA 33119-2032
CITY ATTORNEY �
TELEPHONE(305)673-7470
TELECOPY (305)673-7002
COMMISSION MEMO NO. / - 7 (' `1
(4
• MARCH 2, 1994
TO: MAYOR SEYMOUR GELBER
MEMBERS OF THE CITY COMMISSION
ROGER M. CARLTON, CITY-_MANAGE
FROM: LAURENCE FEINGOL ` /� s
CITY ATTORNEY �� dffJ
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 April 20, 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
April 20, 1994. be approved.
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Attachment
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82
AGENDA
ITEM -� -
DATE -7- ( mil
• 1700 CONVENTION CENTER DRIVE—FOURTH FLOOR—:MIAMI BEACH, FLORIDA 33139
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OFFICE:OF THE CITY ATTORNEY
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F L 0 R I D A
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LAURENCE FEINGOLD ,y� ,�y PO BOX O
CITY ATTORNEY +1 -M,I �� MIAMI BEACH.FLORIDA 331'9-2032
TELEPHONE(305)673-7470
TELECOPY (305)673-7002
COMMI S S ION MEMORANDUM NO: 153_CH ( -0-4J-4,d
DATE: FEBRUARY 24, 1994
TO: MAYOR SEYMOUR GELBER
MEMBERS OF THE CITY COMMISSION
CITY MANAGER ROGER M. CARLTON
FROM: LAURENCE FEINGOLD :• � ` '
CITY ATTORNEY _;%
SUBJECT: RESOLUTION PROVIDING FOR AN INDEPENDENT AUDITOR TO
PERFORM AUDITS AND PROVIDE FINANCIAL ANALYSIS IN
CONNECTION WITH THE CITY'S PARKING SYSTEM.
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Commissioner Susan Gottlieb requested that our office draft
the attached resolution providing for the -appointment of an
independent auditor to perform audits and analyses relating to the
' operation of the City' s parking, system. The auditor would examine,
audit and analyze funds and accounts, expenses/expenditures,
sources of income and amounts incoming. from each individual source.
According to this resolution, the City Commission will select
an auditor from responses to a public advertisement for the
position. Compensation for this professional service would be
negotiated by the City Attorney' s Office after selection of the
successful candidate. The City Commission would approve the final
agreement.
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AGENDA
ITEM -
DATE 2 2'1-9
1700 CONVENTION CENTER DRIVE-FOURTH FLOOR-MIAMI BEACH,FLORIDA 33139