Emails from Raul Aguila & Kent BondePace 1 of 1
Hernandez, Kerry __ _ _ __
From: Aguila, Raul
Sent: Friday, February 20, 2009 4:12 PM
To: Parcher, Robert; Parekh, Anna
Cc: Bonde, Kent; Hernandez, Kerry; Damien, Elizabeth
Subject: Resolution 99-23188 (Miami City Ballet)
Importance: High
In an attempt to satisfy the City Clerk's request for pending supporting documentation on the above referenced
Resolution (which approved an amended Leasehold Mortgage and Security Agreement between the Miami City
Ballet and SunTrust BanklMiami for the Liberty Avenue building), Kent and I still have been unable to find
executed copies of the Estoppel Letter, Lien Waiver, and Memorandum of Lease (referenced as supporting
documentation in the Reso.). The original copies were presumably delivered to the Ballet at the time of the City's
approval of the Mortgage, as the Ballet would otherwise not have been able to obtain and close on same. I have
asked Kent to contact the Ballet and ask them for copies of these documents, if they still have them in their file.
While I am of course not disputing the City Clerk's need to have copies of the accompanying documents (to
complete its file for the public record) , from a legal perspective, and with respect to the leasehold mortgage that
was approved by the City pursuant to Resolution No. 99-23188, this is now a semantic discussion. The City
subsequently purchased the Liberty Avenue building from the Ballet and currently owns the facility free and clear
At the time of the City's purchase of the Ballet building, the Ballet not only had to satisfy any prior mortgages and
liens on the building but the original Ground Lease between the City and Ballet (which is what they got this
leasehold mortgage based on) was also terminated, and a new Lease entered into-
My point is that, while of course we will endeavor to provide you with the supporting documentation to complete
the public record (of the Commission action taken pursuant to Reso. No. 99-23188), the City's subsequent
purchase of the building from the Ballet, and entering into a new lease with the Ballet, essentially renders the
aforementioned documents "moot."
Kent will follow up with the Ballet and he or I will keep you posted regarding the search for the above records.
Thanks,
i~h1HA.M1I~EACH
Raul J. Aguila, Deputy City Attorney
OFFICE OF THE CITY ATTORNEY
t700 Convenlwn Center Drive -Fourth Floor. Miemi Beath. FL 33139
Tel. 305~a3-7470 or 305-G73-7000 i Fax: 305673-7002 ! Hww.rai~laguilarlniiamiberchfl.0nv
II's~ nre <ornnrineAto pnr:rirtiry r:+cr(ien: pul,L•t service nr.4 sa;rq ro ai! n hr.liva nce~k m!d pt:r~' in our vlh.an:. !r
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I'a~D 1 of 2
Hernandez, Kerry
From: Parcher, Robert
Sent: Monday, February 23, 2009 7:50 AM
To: Hernandez, Kerry
Subject: RE: Incomplete resolution 99-23188
Kerry, file a copy of this email with the resolution.
Bob
n'~larnrseacr:
Robert Parcher, Cfry Clerk
CITY CLERK'S UFFICE
1700 Convention Center Dnve, Miarm Beach. FL 33135
Tel: 305-6/3-7411 ! Fax: 30573-7254 7 vnvw.miamikiachFl,gov
We are ccmmi¢rnd to providuvg excelfenf publir. sertrtce end cafefy t0 alr w1r0 livr, rrork=+rrJ play in cw vibranC rrnrncaf. hi?rnriC CCmnrm7iC/. -
From: Bonde, Kent
Sent: Friday, February 20, 2009 4:13 PM
To: Hernandez, Kerry
Cc: Parcher, Robert; Aguila, Raul; Parekh, Anna
Subject: RE: Incomplete resolution 99-23188
Kerry,
Per our discussion and my discussion with Raul in Legal, unless we are able to locate executed copies of these
documents, Raul has advised that to attempt to resurrect andJor re-execute these documents today is not only
unnecessary but al this point irrelevant, given the fact that the ownership dynamics of the property have long
since changed and the referenced mortgage. long since satisfied with the acquisition of the building by the
City1RDA in 2005. To the extent that we cannot locate the executed documents, Legal will issue a notice for your
files to this effect.
In the meantime, I will contact the Miami Ci[y Ballet to see if the they have executed copies of these documents
and will also check wish the City Manager's Office, Legal and Finance and see if I can uncover any Ballet-related
files.
I let you know.
Kent
:1'ITa~ll BR.~CT1 RFI)E~ 6.I,OY~'iENT aGF.~ita
Kent O. Bonde, R0.'Vevafopmenf CcOrdinarrr
1700 Convention Center Ddve
Miami Be2cl~, fl 33139
Fhane :305-{173-1000 xxl. 6363+ Fox 305-ti73-703! ~~'w~..~ri:,m~bca.hllgoc
'~ Please do not print tLis c-mail unlcsx ncccssar}
From: Hernandez, Kerry
Sent: Friday, February 20, 2009 11:48 AM
To: Bonde, Kent
0226%2009
page 2 of 2
Cc: Parcher, Robert
Subject: Incomplete resolution 99-23188
Hi Kent,
Please see attached resolution. I went through the attached document and it seems that we are missing the
executed "amended and restated leasehold mortgage and security agreement" and also the executed "Landlord's
waiver of lien". I think the third document is the Estoppel Letter, which we also are missing the executed copy.
Maybe somebody has them on file and we never received a copy.
Let me know if I can help you with anything in order to complete this item.
Thanks
Kerry
r~tiar~ti~e>RC~
Kerry A. Hernandez, Office Associalo V
CITY CLERK'S OFFICE
7700 Convention Center Onve. Miami Bcach, FL 33139
Phone: 305-G73-7000 ext. 6534 i Fax: 3U5-673-7254! vrrrw.mian>:heacL-gcv'
V!b are Lomrnrfled fo Aroviding exr:Glenf publir, serviCB and urofy io aH wMr Nve, wnrfr and play in oUr vibmnf, Uppira7. brskrnc cnrnmunily.
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