95-21015 Reso T
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RESOLUTION NO. 94 -21015
A RESOLUTION OF THE MAYOR MW 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 JANUARY 7, 1994, AND
ENDING ON FEBRUARY 2, 1994. .
WHEREAS, on October 23, 1991, the City and Lessee entered into
a First Amendment to Marina Lease. (the A reement "First
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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
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of all n cessary permits for the construction of the Dry Stack
Facility for the Miami Beach Marina, the Lessee must elect to
either t rminate the Marina Lease or proceed with its p lans 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 sec nd amendment to the Marina Lease Agreement, the Mayor and
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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 g g a
Second Am ndment to the Marina Lease Agreement, an extension would
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be necessary, such extension commencing on January 7, 1994 and
ending on February 2, 1994; and
WHE , AS, during the aforestated extension p eriod all terms
and condi ions of the Marina Lease and First Amendment will remain
in full foirce and effect, provided thdt all p arties thereto will be
excused and released from any default, either implied or expressed,
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under both agreements, as the result of any delays s in all matters
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aforestated negotiating period.
NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSI N OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and
City Commission herein authorize the City Manager and the Cit.
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Attorney to continue with negotiations for a Second Amendment to
Marina Lase Agreement, and further authorize an extension to the
First Amendment to Marina Lease Agreement, said period commencing
on January 7, 1994 and ending on February 2, 1994.
PAS ED and ADOPTED this day of`anuary _ .._
5th
1994.
MAYOR
ATTEST.
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CITY CLERK
FORM APPROVED
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LEGAL DEPT.
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OFFICE or TH = CITY ATTORNEY -
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F L OR I • D A
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LAURENCE FEINGOLD �
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C:TY ATTORNEY 2
�_ TELEPHONE (305) 673-7470
TELECOPY ;305 673 -7002
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JANUARY 5, 1994
TO MAYOR SEYMOUR GELBER ,'
MEMBERS.OF THE•CITY COMMISSION
. ROGER M CARLTON, CITY MANAGER
FROM LAURENCE FEINGOLD L. (-9
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
co it to the construction of the . Dry Stack Facility were approved.
The attached resolution extends up through and including the date
' of • February 2, 1994 for this Election to occur due to our on -going
negotiat_ions_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
February 2, 1994 be approved. •
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• Attachment
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AGENDA
ITEm C .-11 1 —
. DATE i -- 5 - 9 q
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1700 CONVENTION CENTER DRIVE- FOURTH FLOOR — MIAMI BEACH, FLORIDA 33139