432-2002 RDA Reso
,
RESOLUTION NO. 432-2002
A RESOLUTION OF THE CHAIRMAN AND MEMBERS OF THE
MIAMI BEACH REDEVELOPMENT AGENCY APPROVING THE
FIRST AMENDMENT TO THE PARKING FACILITY MANAGEMENT
AND OPERATION AGREEMENT FOR THE MIAMI BEACH MARINA
BY AND BETWEEN MIAMI BEACH MARINA ASSOCIATES, LTD.,
THE CITY OF MIAMI BEACH AND THE MIAMI BEACH
REDEVELOPMENT AGENCY.
WHEREAS, the City entered into a Fourth Amendment to the Marina Lease
Agreement between the City of Miami Beach (the "City) and Miami Beach Marina
Associates, Ltd. (the "Marina Lessee"), which provides forthe City and the Marina operator
to enter into a garage management or operating agreement; and
WHEREAS, the Fourth Amendment provides for the City to be responsible for the
initial capital cost of the garage, the electric utility costs of the garage spaces, real estate
taxes, including special assessments or other similar charges, and any "pass through" fees
or costs or insurance imposed and further provides for the Marina Lessee to be
responsible for routine security, maintenance and insurance for the operation ofthe Marina
parking; and
WHEREAS, on December 1, 1999, the Mayor and City Commission adopted
Resolution No. 99-23407 approving the Parking Facility Management and Operation
Agreement between Miami Beach Marina Associates Ltd., the City of Miami Beach and the
Miami Beach Redevelopment Agency (RDA); and
WHEREAS, the Parking Facility Management and Operations Agreement provides
that the Marina Lessee will operate the Marina garages for the City in accordance with
policies to be established by the Marina Lessee to insure the first class continuing success
of the Marina; and
WHEREAS, on June 27, 2001, the City through Resolution 2001-24495 and the
RDA through Resolution 2001-34 appropriated funding for the payment of the capital cost
of the City Unit at the Murano garage, located at SSDI-South parcel; and
WHEREAS, the Murano project, located at SSDI-South parcel, obtained a
Temporary Certificate of Occupancy (TCO) in March 2002; the garage is still pending a
final Certificate of Occupancy (C.O.); and
WHEREAS, the attached First Amendment to the Parking Facility Management and
Operation Agreement for the Miami Beach Marina, contemplates the additional 1 07 parking
spaces located within the Murano Project completed on SSDI-South and upon final
acceptance and delivery will be governed under the Parking Facility Management and
Operation Agreement dated December 1, 1999.
y'
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CHAIRMAN AND
MEMBERS OF THE MIAMI BEACH REDEVELOPMENT AGENCY, FLORIDA, that the
Chairman and Members of the Miami Beach Redevelopment Agency hereby approve the
First Amendment to the Parking Facility Management and Operation Agreement for the
Miami Beach Marina by and between Miami Beach Marina Associates, Ltd., the City of
Miami Beach and the Miami Beach Redevelopment Agency.
PASSED AND ADOPTED this 25th day of Se t
ATTEST:
~_~r~
SECRETARY
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
~2.l(-O ?
Date
R e entAgency
General counsel~
JMG/CMC/rar
T:\AGENDA\2002\SEP2502\RDAIMarina FirstAmendAgree.RES.doc
REDEVELOPMENT AGENCY
COMMISSION ITEM SUMMARY
~
Condensed Title:
A Resolution approving the First Amendment to the Parking Facility Management and Operation
Agreement for the Miami Beach Marina by and between Miami Beach Marina Associates, Ltd., the City of
Miami Beach and the Miami Beach Redevelopment AQency.
Issue:
Should the Chairman and Members of the Miami Beach Redevelopment Agency authorize the First
Amendment to the Parking Facility Management and Operation Agreement for the Miami Beach Marina to
include the additional 107 parking spaces located within the Murano Project completed on SSDI-South
upon final acceptance and delivery to be governed under the Parking Facility Management and Operation
AQreement dated December 1, 1999?
Item Summary/Recommendation:
The Murano project has obtained a Temporary Certificate of Occupancy (TCO) in March 2002. The
garage is still pending a final Certificate of Occupancy (C.O.). The First Amendment to the Parking Facility
Management and Operation Agreement for the Miami Beach Marina contemplates the additional 107
parking spaces to be governed under the Parking Facility Management and Operation Agreement dated
December 1, 1999. It is recommended that the Resolution be adopted.
Advisory Board Recommendation:
I N/A
Financial Information:
Source of
Funds:
D
Finance Dept.
City Clerk's Office Legislative Tracking:
I Christina M. Cuervo
AGENDA ITEM
DATE
38
q-lS...o'L
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.ci.miami-beach.f1.us
REDEVELOPMENT AGENCY MEMORANDUM
From:
Chairman and Members of the Board
Of the Miami Beach Redevelopment Agency
Jorge M. Gonzalez \ ~
Executive Director 0 .. U
A RESOLUTION OF THE CHAIRMAN AND MEMBERS OF THE MIAMI
BEACH REDEVELOPMENT AGENCY APPROVING THE FIRST
AMENDMENT TO THE PARKING FACILITY MANAGEMENT AND
OPERATION AGREEMENT FOR THE MIAMI BEACH MARINA BY AND
BETWEEN MIAMI BEACH MARINA ASSOCIATES, LTD., THE CITY OF
MIAMI BEACH AND THE MIAMI BEACH REDEVELOPMENT AGENCY.
Date: September 25,2002
To:
Subject:
RECOMMENDATION:
Adopt the Resolution.
ANALYSIS:
The City entered into a Fourth Amendment to the Marina Lease Agreement between the
City of Miami Beach (the "City) and Miami Beach Marina Associates, Ltd. (the "Marina
operator"), which provides for the City and the Marina operator to enter into a garage
management or operating agreement. The Fourth Amendment provides for the City to be
responsible for the initial capital cost of the garage, the electric utility costs of the garage
spaces, real estate taxes, including special assessments or other similar charges, and any
"pass through" fees or costs or insurance imposed and further provides for the Marina
lessee to be responsible for routine security, maintenance and insurance for the operation
of the Marina parking. On December 1, 1999, the Mayor and City Commission adopted
Resolution No. 99-23407 approving the Parking Facility Management and Operation
Agreement between Miami Beach Marina Associates Ltd., the City of Miami Beach and the
Miami Beach Redevelopment Agency (RDA). '
The Parking Facility Management and Operations Agreement provides that the Marina
Lessee will operate the Marina garages for the City in accordance with policies to be
established by the Marina Lessee to insure the first class continuing success of the Marina.
The proposed Agreement also provides for the City/Agency to receive 35% of any gross
parking revenues, in the event that fees for parking are ever charged, which is not the case
at this time.
Pursuant to the Development Agreement, the City, RDA and West Side entered into a
Parking Agreement, dated as of January 10, 1996, pursuant to which West Side Partners
would provide parking spaces, laundry and bathroom facilities for the Miami Beach Marina
September2~2002
RDA - Commission Memorandum
Marina - Parking Facility Management and Operation Agreement
Page 2 of 2
in a building to be constructed on the parcel known as SSDI South, n/k/a The Yacht Club
at Portofino, (the "Parking Agreement"). The Parking Agreement survived the 1995
Settlement Agreement with Portofino.
On June 27, 2001, the City through Resolution 2001-24495 and the RDA through
Resolution 2001-34 appropriated funding for the payment of the capital cost of the garage.
The City's proportionate share of operating expenses has not yet been determined.
The Murano project has obtained a Temporary Certificate of Occupancy (TCO) in March
2002. The garage is still pending a final Certificate of Occupancy (C.O.). Therefore, it is
recommended that the Members of the Miami Beach Redevelopment Agency authorize the
execution of the First Amendment to the Parking Facility Management and Operation
Agreement for the Miami Beach Marina for the commencement of garage operations.
The attached First Amendment to the Parking Facility Management and Operation
Agreement for the Miami Beach Marina, contemplates the additional 1 07 parking spaces
located within the Murano Project completed on SSDI-South upon final acceptance and
delivery, to be governed under the Parking Facility Management and Operation Agreement
dated December 1, 1999.
JMG/C~r
T:\AGENDA\2002lSEP2502\RDAlMarina FirstAmendAgree.CM.doc
AI,'G. -29' 02lTHUl 1~:~2
B! LZ! N. SUMBER. ET. AL
P 003/006
FUtST AMENDMENT TO PARKING F ACILlTY MANAGEMENT AND
PPERATION AGREEMENT FOR THE MIAMI BEACH MARlNA
This Firslt Amendment to Parking Facility Managem~nt and Operation Agreement for the Miami
Beach Marina (this Amendment") is entered into as of this _ day of Septel.l1ber 2002, by and among
MIAMI BEACH MARINA ASSOCIATES, LTD., a Florida limited partnership ("Marina Lessee"), the
CITY OF MIAMI BEACH. FLORlDA, :1 political subdivision duly organized and existing under the
laws of the SlaLt: of Florida (the "City") and the MIA.MI BEACH REDEVELOPMENT AGENCY, a
Florida public a~~ency organized and existing pursuant to the Community Redevelopment Act of 1969,
Chapter l63, Part III, Florida Statutes, ns nmended (the" Agency").
RECITALS
A. On December I, 1999, the Marina Lessee, the City and the Agt.'I1cy entered into thaL
certain Parking Facility Management and Operation Agreement for Miaml Beach Marina (the
"Agreement").
B. As contemplated by Section 2.1 of the Agreement certain penmment parking spaces were
to be made avail~.ble for the use by Marina Lessee upon the completion of construction of certain parkl ng
garages on the southern portion of the SSDI South Parcel and the SSDI North Parcel. Th~ parking
garage on the sou.them portion of the SSDI South Parcel has now been completed and the partic~ desire to
enter into this Amendment to set forth there agreements and understar.dings wiLh respect to the 107
pcnnanent parki.!lg spaces LO be located on the souLhc.:m portion of the SSDI South Parcel as more
particularly set fCJrth herein.
C. The parties also desire to clari fy certain provision of the Agreement as more particularly
set forth h~~in.
NOW, TlffEREFORE, in consideration of the mutual promises made herein the Marina Lessee,
the City and the Agency agree as follows:
1. E;ecitals. The above recitals are true and correct and are incorporated herein by reference.
2. .earkine: Spaces 011 th~ Southern Portion of the ssm South Parcel. The p3rtic~ hereto
acknowledge thaI the City and the Agency are about to take delivery of and accept 107 parkins spaces
located in the parking garag~ for the Murano at Portofino Building locoted on the southern portion of the
ssm South Pared (the "MuranolPortotino Spaces") for use by the Marina Lessee pursunnt to the Marina
L~ast:. Upun dell very to and acceptance of the Murano/Portofino Spaces by the City, the Agency and
Marina Lessee (t21e "Delivery Date"), the parties acknowledge that the Murano/Portofino Spaces will be
deemed a part of the "Parking Facilities" and that all the dutit:s and obligations of the parries hereto with
respect to the PErking Facilities shan apply with respect to the Murano/Portofino Spaces as of the
Delivery Date.
3. I;!efinilioll or Marina Lessee. The panit:s hereto acknowledge that all rd<:rt."l1ces to
Marina Lessee a!i set forth in the Agreement and this Amendment shall refer to Miami Beach Marina
Associates, Ltd. "nd any of its successors in interest and! or assigns under the Marina Lease, whether by
virtue of: (a) an ilssif,'11ment of the Marina Lease in accordance with the prOVIsions of Section 16 of the
first Amendment to Marina Lease; or (b) a foreclosure, trustee's sale or assignment or oth~r conveyance
of Marina Lessees interest in the Marina Lease to a "Leasehold Mortgagee" or "Purchaser" (as such
ternlS are detined in the Manna. Lt::ast::) in accordance with the provisions of Article IX of the Marina
lease or (c) any other manner pennitted under the Marina Lease.
\7J3J8\10351\/ilS8C1046v 1
8/29/02 II: I J AM
-\Lii.-29'02ITHU 14:42
B I LZ I N. SUMBER. ET. AL
P. 004/006
4. ])etinitions. All tenns not specifically defined herein shall have the meaning set forth in
the Ab'l"eement.
5. ~:ounteroarts. This Amendment may be executed in any num~er of counterparts each of
which when takt:n togt:ther shall constitute one in the same document.
6. J.teaft1rmation. Except as specifically set forth herein, the terms and conditions of the
Agreement remam unmodilit:d and In full forct: and effect.
above.
IN WITNESS WHEREOF, the parties have executed this Amendment as of the date first written
CITY OF MIAMI BEACH
By:
David Demler, Mayor
[SEAL]
Attest:
By'
---.,) City Clerk
APPROVED AS TO FORM &
LANGUAGE A!\l'D FOR EXECUTION'
By:
City of Miami Beach
Dale:
STATE OF FLORIDA )
) 55.
COUNTY OF MIAMI-DADE )
BEFORE ME, 11 Notary Public in :l~d for said County and State, personally appeared David
Dermer as Mayor of the CITY OF MIAMI BEACH, FLORiDA, a political subdivision duly organized
and existing under the laws of the State of Florida, on bch:l.lf of such political subdivision. He
acknowledged thnt he did sisn the foregoing instrument as Mayor and that the same is his free act and
deed as Mayor. He _ is personally known to me or _ has produced a driver's license as
identification.
TN TEST1MONY WHEREOF, 1 have hereunto Sl:t my hand and official seal at Miami, Florida,
this day of , 2002.
Notary Public
\73338\10.151\ # S86()4th I
~n9102 lI:lJ AM
-2-
ALlJ. -2Y U2(THU) 14:42
HILZIN. SUMBE~ ET. AL
P. 005/006
MIAMI BEACH RE.lIlEVELOPMENT
AGENCY .;:
By:
David Denner, Chairman
[SEAL]
Attest:
By:
. Secretary
APPROVED AS TO FORM &
LANGUAGE AND FOR EXECUTION
By:
Miami Beach Redevelopment Agency
Date:
STATE OF FLORIDA )
) 55.
COUNTY OF Ml,WI-DADE )
BEFORE ME, a Notary Public in and for said County and State, personally appeared David
Denner as Chajm.an of the MIA..'VII BEACH REDEVELOPMENT AGENCY, a Florid.a public agency
organized and exi:uing p\J!'su:.:!~! to the Community Redevelopment Act of 1969, Chapter 163, ].l"-rt m,
Florida Statutes a~ amended, on behalf of such agency. He ~cknowledged that he did sign the toregoing
instrument as Cha'.rman and that the same is hIS [n:e act and deed as Chairman of the Agency. He _ is
personally known 1;0 me or _ has produced a driver'~ license as identification.
IN TESTDVlONY WHEREOF, I have hereunto set my hand and official seal at MIami, Florida.
1his day of . 2002.
Notary Public
\13JJ8\I03Sl\tlSI604h 1
R129102 11:13 AM
-3-
-\ I,' \J. -.! 'j lJ.! II t1 U I 1 q : q L
I:) 1 Lt.1 It ~lJlvll:lt.I(' t.l. AL
P. 006/006
MIAMI BEACH MAIUNA
ASSOCITES, LTD.,';:a Floridalimitc:d
Partnership
By: SoBe Marine, Inc., a Florida
corporation, general partner
[SEAL]
Attest:
By:
Robert W. Christoph, Presidellt
Name:
Title:
STATE OF FLORIDA )
) SS.
COUNTY OF MIAMI-DADE )
BEFORE ME, a Notary Public in and for said County and State, personally appeared Robert W.
Christoph as President of SoSe Marine, Inc., a Florida corporation, g~neral panner of MIAMI BEACH
MARINA ASSOCIATES, LTD., a Florida limited partnership, on behaJf of the partnership. He
acknowledged that he did sign the foregoing instrument as President and that the same is his fret: act and
deed as President Ilfthe corporation. He _ is personally krlown to me or _ has produced a driver's
license as identification.
IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal at Miami, Florida,
this day of , 2002.
Notary Public
\7)3J8\1 03SJ\" 586046 v I
81291O~ 11:13 AM
-4-
RESOLUTION TO BE SUBMITTED
THIS PAGE INTENTIONALLY LEFT BLANK