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83-17429 i'\ ... .-..:..~ RESOLUTIoN NO. 83-17429 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH AUTHORIZING THE EXTENSION FROM JULY 20, 1983 THROUGH SEPTEMBER 21, 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 that Reynolds Construction Company needs additional time to secure the requisite funds to construct this project; 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 JUly 20, 1983 up to and including September 21, 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 September 21, 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 September 21, 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; ,.,<<or" OF THE CITY IITTORNEY . 1700 CONVENTION CENTER DRIVE. MIAMI BEliCH. FLORIOII 33139 '- " ,,''' . 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 conditions precedent to commencement of construction as required by Section 4.9 of the Agreement, all of which condi tions 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. Tha t the City Commi ss ion of the City 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. ATTEST: PASSED and ADOPTED this 20th day of July, 1983. C ~_r6~}'~~~ ~~~ CITY CLERK APPROVED AS TO FORM: L ",p~ DATED 7 (?-D{ 83 RESR/jhd 7213B -2- ,....., ., " /. / f "'/ - ")/.1-.>" /..: . OFFICE OF THE CITV ATTORNEV . 1700 CONVENTION CENTER ORIVE . MIAMI BEACH, FLORIOA 33139 , , ~~:' :". 'i~: ~; 'lJJ JV . ll1iMuLDS CONSTRUCTION COMPANY CI r Y t-l^~'jl)L[j~~ 'JFJ.i; . 1130 'MADISON AVENUE -- NEW YORII, NEW YORK 10022 CA....... R&YNOCONaT TEL~PHON.t (212. .29.118701 July 14, 19B3 Mr. Rob W. Parkins City Manager City of Miami Beach 1700 Convention Center Drive Miami Beach, Fla. 33139 , Dear Mr. Parkins: Re: Miami Beach Convention Center Hotel Project Reference is made to the numerous discussions held by me and by Mr. Alan Berman with the Mayor of Miami Beach, with you, various City officials regarding subject project. I think it is clear to everybody involved in the project, as we stated verballY again and again during our testifying before the City Commission meeting on June I, 19B3, in our meetings, telephone conversations and by bringing to Miami Beach groups of bankers, investors and hotel representatives, how deeply we are involved in this project, how much money and efforts we have invested in it. I am glad to say now that we have advanced quite a bit and I hope that our idea of ivesting in Miami Beach is now more acceptable to our investors and financial institutions than in the beginning. Nevertheless it is clear that the project of this magnitude needs a reasonable period of time to be accomplished. As I mentioned before, our economists and financial advisors are continuously active and elaborating on the economics of this project as well as our engineers and architects continue in preparing the proper cost estimate for it. We., therefore, hope that the coming months will allow us to finalize our negotiations favorably. I take this opportunity to remind you of the importance that the expansion of the Convention Center has for this project. The ideas were clearly laid down by Laventhol & Horwath and their studies, and were brought to us again and again by every banking or investing group, hotel chain, etc. We were therefore pleased very much when the City undertook proper steps that brings this project closer to implementation, also in this matter I would like to repeat our position that we will be more than glad to cooperate with the City in negotiating the expansion and renovation of the Convention Center. "'. 5 ,. AGENDA R-7-() -I ITEH DATE 7- co- gJ '. . .-..-' . . REYNOLDS CONSTRUCTION COMPANY Mr. Rob W.Parkins PAGE 2 July 14, 1983 .~ Our engineers are reviewing the documents for the above and we hope that we can be in a position to offer the City a deal for the expansion at the best possible price and under the best possible conditions. 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. As a matter of fact we see both projects, namely expansion of the Convention Center and our proposal for the construction of The Convention Center Hotel as one big unit which will revitalize and bring new life into Miami Beach. Should we be awarded the expansion project and due to the time factor, we will go ahead with both projects together after the proper construction contract for the Convention Center expansion will be finalized between the City and us. We of course will go ahead with The Convention Center Hotel Project as specified in our contract with the City dated May 12, 1982 even if a better offer than ours will be accepted by the City. . I am confident that the City understood and accepted our objection to the way RFP 72-83 was published, namely mentioning the additional hotel to be built, a fact that could undermine all our efforts and the credibility with banking and investors groups and hotel operators, to whom our Project is introduced as The Flagship Hotel for the Convention Center. But we are confident that by the time the expansion of the Convention Center will start we will be able to start with our Project. We, therefore, understood that the City will not proceed with a project . of a second hotel during the requested extension period, will not pursue the construction of a second hotel in the area of the Convention Center in case we start with out Project. and Based on the above we kindly request to extend the deadline of notifying the City that we have secured the financing necessary to construct our proposed Convention Center Hotel Project contained in our "Lease and Agreement for Private Development" dated May 12, 1982, until Dec 31, 1983. Sincerely yours, REYNOLDS CONSTRUC ION COMPANY cc: The Honorable Mayor Norman Ci ment President "f \ I 6