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83-17484 r- . ,: ir.r-uII~1~& ,- RESOLUTION NO. 83-17484 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH AUTHORIZING THE EXTENSION FROM JULY 20, 1983 THROUGH DECEMBER 31, 1983 OF CERTAIN LIMITATIONS SET FORTH IN THE LEASE AND AGREEMENT FOR PRIVATE DEVELOPMENT BETWEEN THE CITY OF MIAMI BEACH AND' REYNOLDS CONSTRUCTION COMPANY AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAME. WHEREAS, the City of Miami Beach is desirous of having a facility such as the proposed Miami Beach Convention Center Hotel Complex, the adjacent Retail and Off ice Complex, as descr ibed by the Lease and Agreement for Private Development (hereafter referred to as the "Agreement"), dated May 12, 1982 between Reynolds Construction Company and the City of Miami Beach; and WHEREAS, the developer since the May 12, 1982 Agreement was executed has been engaged in reviewing studies regarding the feasibility of the proposed project, establishing working groups on engineering and financing for the proposed project, and meeting with potential investors, lenders and operators for the project; and WHEREAS the City of Miami Beach is aware Construction Company has requested add'i tional time requisite funds to construct this project; and that Reynolds to secure the WHEREAS, the City is progressing with its plans to expand the Miami Beach Convention Center and is acting in good faith by granting Reynods Construction Company this additional extension; and WHEREAS, the City commission has determined that an extension of the time limitations set forth in the May 12, 1982 Agreement should be granted to Reynolds Construction Company to effectuate the performance of the Agreement by securing the necessary financing to construct this proposed project, which project is in the best interest of the City of Miami Beach, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: 1. That the City of Miami Beach hereby grants extensions commencing September 21, 1983 up to and including December 31, 1983 in regard to the following time limitations set forth below, which are contained in the Agreement dated May 12, 1982 between the City and Reynolds Construction Company; provided, however, that if Reynolds Construction Company does not secure' the funds required by Section 7.2 of the Agreement and notify the City that it has secured these funds on or before September 21, 1983, that all other extensions provided for by this Resolution shall have no force or effect and shall be deemed null and void. a. That Reynolds Construction Company is granted until December 31, 1983 pursuant to Section 7.2 of the Agreement to inform the City that it has secured sufficient funds to construct the first complexes; b. That Reynolds Construction Company is granted no later than twelve (12) months from December 31, 1983 to submit all Design Development Plans required by Section 4.3 of the Agreement; c. That Reynolds Construction Company is granted not more than one hundred eighty (180) days after the approval of the City of Design Development plans, pursuant to the extensions granted by this ReSOlution, to submit all contracts or sub-contracts for construction of improvements for the project as provided for in Section 4.8 of the Agreement; f'll:l:lrf" f'll: TlH ('IT\' ."l.'T".-IHNFY 170n l.C"NVfNTlON C'( NTfR OR1VF MIAMI nr ACH r l(lHIOA Y1119 , d. That Reynolds Construction Company is granted no later than six (6) months from the approval (s) of the Design Development Plans referred to in Section 4.8 of the Agreement to diligently prosecute to completion the development of the premises through the construction thereof as set forth in Section 4.10 of the Agreement. e. That Reynolds Construction Company is granted not later than thirty (30) days to enter into a management contract for the hotel as set forth in Section 6.1 of the Agreement, which thirty (30) days shall commence after Reynolds Construction Company has performed all condi tions precedent to commencement of construction as required by Section 4.9 of the Agreement, all of which conditions shall be done not later than six (6) months from approval of the Design Development Plans and any changes thereto as required by the Agreement. 2. That the City Commission of the Ci ty of Miami Beach hereby approves of these extensions as set forth herein and authorizes the Mayor and City Clerk to execute this Resolution providing for same. PASSED and ADOPTED this 21st day of September , 1983. /.' </ ~ -- >~/,- ~--/ // ".ciC'-~- ~ MAYOR ATTEST: ~~~ CITY CLERK APPROVED AS TO FORM: ~FL~ LEGAL DEPARTMENT DATED 9-dO- 8'" ~ RESR/jhd 9203A -2- r.r-~,,...r nr Tur rlTV ^TTnUfo.Jf v ''7f'Yl rnNVfNTlON rrNTfR nnlVf MIAMI fiFACH. flORIOA 31nq ~ ~ 1IttaHd ~ead FLORIDA 33139 "V AC A TIONL.4NLJ U. S. A. .. OFFICE OF THE CITY MANAGER ROB W. PARKINS CITY MANAGER CITY HALL 1700 CONVENTION CENTER DRIVE TELEPHONE: 673.7010 COMMISSION MEMORANDUM NO. {;'.:1,J -;23 DATE: September 21, 1983 FROM: Rob W. Parki s City Manager TO: SUBJECT: EXTENSION OF CONVENTION CENTER HOTEL COMPLEX LEASE AGREEMENT FOR PRIVATE DEVELOPMENT On July 20, 1983 the Miami Beach City Commission passed Resolution No. 83-17429 extending from July 20, 1983 through September 21, 1983 the Convention Center Hotel Complex Lease Agreement and setting certain conditions that Reynolds Construction Company must address by the August 19, 1983 extension date. On July 27, 1983 the City Manager notified Reynolds Construction Company of the following conditions: I. That the Hotel Development Feasibility Study prepared by Laventhol and Horwath be supplied to the City; 2. That Reynolds Construction Company supply a commitment to participate in the R.F.P. for the Convention Center expansion/hotel project; or, in the alternative,. a commitment to participate in the expansion of the Center with a concurrent commitment to construct the currently proposed hotel. All of this may be made contingent upon the City securing public sector financing based upon the 2% bond proposal pending a November approval, or a 3% tax proposed to' be levied by Metropolitan Dade County; 3. That Reynolds Construction Company commit to participate up to 100% in the site preparation for the original hotel; and 4. That Reynolds Construction Company supply a Hold Harmless Assurance for the City should the original project not be brought to fruition. On August 9, 1983 Reynolds Construction Company responded: I. Providing a copy of the Laventholand Horwath feasibility study; 2. Agreeing to commit to the City. to participate in the bidding process for the expansion of the Convention Center; 3. Declining to assume responsibility for site preparation costs but agreeing to . offer the' City interim financing for the site preparation costs for the Convention Center Hotel. 4. Agreeing to exchange general releases if Reynolds is unable to proceed in accordance with the terms of the agreement. continued... . 02; AG~~~ P. -R -IE . DATE 9'-:7/-8.3 . COMMISSOIN MEMORANDUM PAGE TWO SEPTEMBER 21, 1983 Additonally, Reynolds .Construction Company expressly renewed their commitment to abide by the terms of the agreement and urged the City to move forward on the Convention Center expansion. The City Administration, together with the assistance of the Miami Beach Chamber of Commerce, has appeared before the Dade County Board of County Commissioners' Finance Committee to obtain support for County funding of an expansion of the Convention Center. County Commissioners present at the meeting stated they expect the Dade County Commission, on September 20, 1983, to vote on first reading in support of a County-wide tax to be used to fund the Convention Center expansion and to expedite the second reading ahead of the customary six weeks interim period. ADMINISTRATION RECOMMENDATION: Based upon the uncertain date wherein funding for the necessary Convention Center expansion might be finalized, and the additional commitments made by Reynolds Construction Company, the Administration recommends that the City Commission extend the Convention Center Hotel Complex Lease Agreement from September 21, 1983 to December 31, 1983. RWP:RSL:gjg Attachments 02 FLORIDA 33119 "" ACA TlONLAND U. S. A." OFFICE Of THE CITY MA"'AGER ROB W, PARKINS CITY MANAGER CITY HALL '100 CONVENTION CE NTER DRIVE TElEPHONE: 6737010 VIA FEDERAL EXPRESS July 27,1983 Mr. Shmuel Erner Executive Vice-President Reynolds Construction Company 635 Madi~on Avenue New York, New York] 0022 Dear Shmuel, Due to an irrecoflcilClbJe conflict and the City's annual budget schedule, I will be unable to travel to New York as I had hoped. With reference to the proposed Commission Action extending your contract to December 31, 1983, it will be necessary to have the following information prior to August 19, 1983 for the September 21 Commission meeting. I. A copy of the Laventhal and Horvath Study. 2. A cornmitnlent JO ,parfic:ipate in the RFP for the Convention Center expansion/hotel project; or, in the alternative, a commitment. to partlCJpClte in the expansion of the Center with a concurrent commitment to construct the currently propo~ed hotel. All of this may be made contingent upon the' City s('>curing public sector financing ba~ed upon the 2% bond proposal pending a November approval, or a 3% tax proposed to be levied by Metropolitan Dade County. 3. A commitment to participate up to 100% in the site preparation for the original hotel. 4. A hold-harmless 3ssurance for the City should the original project not be brought to fruition. continued.,. 03 . , Mr. Sh'muel Erner . -2- July 27, 1983 Once the requeslcd information is received, J am sure the Commission will be in a posilion to consider favorably your request for extension and the project will continue its progress toward a successful conclusion. Again, J looked forward to meeting with you in New York and anlicipatecontinued . cooperation and the favorable resolution of all of our concerns. R WP:gjg cc: Mayor ;;nd Members of the City Commission Lucia A. Dougherty, City Atlorney . ';~' 04 t....:;:"..;:?t...-.'. .....~.u""K...f:-' '. -..,-.,,~..l-~~..u - .-..."";..i.to....r~_.L.::l.)._.:..:.::...:;r-...-; , REYNOLDS CONSTRUCTION COMPANY .... --..,................ ---- .. 6.'15 MADISON AYENUE ~ NEW YORK, NEW YORK 10022 :....1.1.. IIEYHOCOH.T TELf.PHONEI U12.1 421.81570 August 9, 1983 Mr. Rob W. Parkins Ci ty Manager City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 D~ar Mr. Parkins: Reference is made to your July 29th letter to me. I sincerely regret that you were forced to cancel your trip to New York. I hope that in the very near future we will have an opportunity to get together. In reply to your letter I wish to answer each item separately. A) As to the Laventhol & Horwath study, our office mailed a copy of this report to the City many months ago. Nevertheless, I enclose two (2) additional copies for your review. To reiterate our previous 'request, please send us a copy of your Laventhol & Horwath study of the Convention Center expansion. B) As to item 2 which has many sub-sectionS, please be advised of the following: 1. We are prepared to commit to the City to participate in the bidding process for the expansion of the Convention Center. 2. In regard to the commitment to construct the proposed hotel for which the City and our Company have a binding Agree~ent, we renew our commitment to abide by the terms contained in said Agreement for Private Development dated May 12, 1982, as amended by the Resolutions of the City Commission of the City of ~liami Beach. In this connection Reynolds must reiterate the vital i~portance of the City taking all the necessary steps to secure the funding of the Convention Center expansion, and committing to a firm time schedule for the commencement and completion of the Convention Center. Both of these steps are crucial in order for this project to become a reality. We recognize that this corr~itment by the City is contingent upon the City obtaining various COrmlitments from the public in the form of certain tax proposals nOl, being considered. 05 II .L . ., \l l- ,. <oJ v...... '"' . .. .., ... . . v,.. v ~,.. . . ... . . . Mr: Rob ,arkins C) As to item 3, we are certain that the City recognizes that the site preparation in question involves the expenditure of approximately $4 - 5 Million. For the City to ask us to assume this expense in order to obtain an additional gO-day extension is absolutely unacceptable and unrealistic. Nevertheless, as we stated in our letter to you of July 14, 1983, should we be awarded the Convention Center expansion, we will be willing to look into the matter of obtaining interim financing for the City required for the preparation of the site for the hotel project according to the existing City's obligations. D) As to item 4, we would agree to exchange General Releases with the City of Miami Beach if Reynolds was not able to proceed in accordance with the terms of its Agreement with the City, as amended. As we have previously advised you we are actively discussing this project with several major international hotel operators. The chances of negotiating and executing an agreement with one of them is contingent upon, among other things, the results of the November elections regarding the tax proposals to be voted upon. I would like to remind you that during the past two (2) years, even before Reynolds had a signed Agreement with the City, and solely on the basis of good faith, we expanded many hours and considerable sums of money to explore the project with the City. Since that date it is a matter of public record that Reynolds has incurred hundreds of thousand of dollars of costs and expenses in order to bring this project to fruition. We again now ask the City to express its good faith towards the project by granting to our company an extension of time until December 31, 1983 so we may continue our efforts to bring a convention center hotel to Miami Beach. I trust that the above responds to your request and that the Corrmission issues our requested extension for the project. Reynolds remains ready to meet either in New York or Florida in order to resolve any issues which might be raised. Sincerely yours, REYNOLDS CONSTRUCTI ON COfolPANY S. E ...--------- Vice President cc: Mayor and t'lembers of the City Commission Lucia A. Dougherty, City Attorney v6 ~ -ref P- - (; ~ 'e3 AIJG ~5"'~H 1 41 m ~ REAlTO'" /: MIAm:'BEACH BOARD OF R ALTORS ,&~./td ?lttaHd 'Ce4d "'2'" L1NCOL~ ROAP MALL ML....MI BE....CH. FLORIDA 3313", . TELE.PI"lONE ~31-7"'7" I'..,~, ", H ' , ".., ~, ,.. , ..", H "^., t.. ',' '~I ".., ""1 ~'r.1 .., August 23, 1983 The Hororabl", Norman C:Urent Mayor, City of Miami Beach 1700 CoINention center Drive ~~ami Beach, Florida 33139 Hororable Sir: The ~.iami Beach Board of REALTORS, representing CNer 500 REALTORS and I1EALTOR- Associates woo earn their living in this o::nU"olunit.y, desire to express their serious concern r8;jarding present coIrli tions in our City. It is ol.Nious, we think, tbat tm str€ngtb of the chllar against foreign currencies has seriously affected the tourist industry, which is our life blood. Your efforts in connection with the Reynolds Ccnpany project, presents a very brigbt spot and otherwise gloomy situation. We are deeply concerned that the City Comnission has seen fit to grant Reynolds only a 60 days "xtention of .tl"",i" opt i ','" rdther: than the six rrontb IX'rioej whi c-h was requested. It. is clear Hot if the Reyn..,l&; project could bccune a reality, that tT'any other worlu-c::ass builders would express interest in building new and large hotels in ~1iiU,"i. Beach. Many of our m<..>hers huve been in louc-h wi.th lIajor developers and builders who have expressed serious interest: in Miomi. Reach, but only if our Conventic,n Hall facilities are enlargeci to approxirrately 50D,OOD square feet. Obviously, the r03lily of the Reynolds proposition would aid oU-er developers in obtaining financing. We feel certain that the Cannissi on, actin;! with the best of int.entions, but perhaps wiLh sr:newhat less heac.-to.l:ead experience with builders and devclopcl-s them our :~'"1.bers, have permitted uninfollll.xJ rlllolic opinion to sway their !.Jetter gg AGENDA ITEM 'K-8- F-.;l. DA1E~I-'i/~ " p~" 2 August 23, 1983 'I'lle tionoraLle Nomen Cinent Mayor, City of Miami !leach judgment in failing to grant the extra U;;e rB:juest<..>d by the Reynolds COITI>3ny. There seans little do....nside to exterrlin,] the option until cecanber 31, 1983, and a great deal of upside potential, if j lldeed during that period the Reynolds people are able to nove forward. I ",:mld like to extend an invitation to you and the otl'er O".:mnissioners to rreet with US for the purpose of discussing ways and rains by which we believe tJ-e present =ndition of our City could be improved. Sincerely, ~~~~ Ramon B. Fisch, President Miami l13eac h Board of RF.AIJIORS c:c : Mr. F..dward Os her , Cha;inran, Advisory Cellini ttce Miami Ilcach Board of REAL'IDRS Alex I:aoud, CollT1'issioner Sy Eisenberg, C.orrmissioner Malcolm Franberg, Vice Mayor Dr. Leonard Haber, Cannissioner" Bruce Singer, Comnissioner Leonard weinstein, Comnissioner Elaine 11attbews, City Clerk Rob Parkins, City Manager REF/sm \ 99 ,..t..l\'I.l~,... i>:......- '.,,~,.. fJ;:)k1) ,'i:. ...;~..~: ~..~.it--..\C!l, -"",,& . ~~ \ ! _ I ~; . ! . . L : I (;1'7" ......_ ,__r /?I"S,/ l/'<<r pt:. .. I.. r .. I~...~ 0.1 (r ~, .'., ,'( (,:; l~"'C";; ~IORIDA 139 'TACATlO,,"'lANlJ (' S .4 fJur l' Q 1.90,' CIIIZENS ADVISORY BOARD F(IR cm';~.'u',ITV IMPHOVEMENT 1700 CONVENllON CfNTER O~IVE TELEPHONE- 673."~SO July 1 ~, ~ ... ... '"' _J l.};) ,:laine l:athelvs City Clerk Ci ty of ;riami Beach, Florida 1700 Convention Center Drive ::i=i Beach, Florida 33139 !:lear I:iss Hathews: The meobers of the Citizens jcdvisory Board For Co~c~,,~ity lmprovenent ,vishes to go on record in favor of the ::esclutio:-:, granting the reque st of the :.cSr.WL:JS CONSTRUCTI 0;; ;:;0: :?/'2JY , to extend their agreenent from July 31, 1983 through Dece~b2r 31. 1983. \;e urgently request that this letter be read at the Co~"ission meeting ,,,hen this '-latter is to be discussed and voted on. .3iI}cerely you_rs,/ ~ / .6-0' . '/;/ /. / ." ,.... - "../' . ... .... . _' ,I., , .( "', //.:; ..../. /(f: i ...,! '--t "." /.. -=D~7.~~-~D /~. USHZ:-t Che..ir::lCLTl-Ci tizens !~C:visory L,oard For COmr:luni ty IDprov2~:(:;:"1_t AGENDA ITEM 100 1<-~ - E -.3 q-=1J-~3 DATE