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Home My WebLink About2002-24992 Reso RESOLUTION NO. 2002-24992 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, 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 for the 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. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission 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 ep ATTEST: ~rp~ CITY CLERK APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION ,.. ,- '- y- q'";v Date JMG/CMC/rar T:\AGENDA\2002\SEP2502\REGULARIMarina FirstAmendAgree.RES.doc CITY OF MIAMI BEACH 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 Redevelooment Aaency. Issue: Should the Mayor and City Commission 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 Parkin Facili Mana ement and 0 eration A reement 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 adooted. Advisory Board Recommendation: I N/A Financial Information: Finance Dept. Source of Funds: D Ci Clerk's Office Le islative Trackin Christina M. Cuervo AGENDA ITEM DATE P.7B '1-~yO;2- CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.ci.miami-beach.fl.us COMMISSION MEMORANDUM To: Mayor David Dermer and Members of the City Commission Date: September 25, 2002 From: Jorge M. Gonzalez ~~ l~ City Manager flor Q A RESOLUTION F THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, 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. 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 September 25, 2002 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 City Commission authorize execution ofthe 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~rar T:\AGENDA\2002\SEP2502\REGULARlMarina FirstAmendAgree.CM.doc FIRST AMENDMENT TO PARKING FACILITY MANAGEMENT AND OPERATION AGREEMENT FOR THE MIAMI BEACH MARINA This First Amendment to Parking Facility Management and Operation Agreement for the Miami Beach Marina (this Amendment") is entered into as of this 07~ day of December 2002, by and among MIAMI BEACH MARINA ASSOCIATES, LTD., a Florida limited partnership ("Marina Lessee"), the CITY OF MIAMI BEACH, FLORIDA, a political subdivision duly organized and existing under the laws of the State of Florida (the "City") and the MIAMI BEACH REDEVELOPMENT AGENCY, a Florida public agency organized and existing pursuant to the Community Redevelopment Act of 1969, Chapter 163, Part III, Florida Statutes, as amended (the "Agency"). RECITALS A. On December 1, 1999, the Marina Lessee, the City and the Agency entered into that certain Parking Facility Management and Operation Agreement for Miami Beach Marina (the "Agreement"). B. As contemplated by Section 2.1 of the Agreement certain permanent parking spaces were to be made available for the use by Marina Lessee upon the completion of construction of certain parking garages on the southern portion of the ssm South Parcel and the ssm North Parcel. The parking garage on the southern portion of the SSDI South Parcel has now been completed and the parties desire to enter into this Amendment to set forth their agreements and understandings with respect to the 107 permanent parking spaces to be located on the southern portion of the SSDI South Parcel as more particularly set forth herein. C. The parties also desire to clarify certain provision of the Agreement as more particularly set forth herein. NOW, TIIEREFORE, in consideration of the mutual promises made herein the Marina Lessee, the City and the Agency agree as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein by reference. 2. Parking Soaces on the Southern Portion of the SSDI South Parcel. The parties hereto acknowledge that the City and the Agency are about to take delivery of and accept 107 parking spaces located in the parking garage for the Murano at Portofino Building located on the southern portion of the SSDI South Parcel (the "Murano/Portofino Spaces") for use by the Marina Lessee pursuant to the Marina Lease. Upon delivery to and acceptance of the Murano/Portofino Spaces by the City, the Agency and Marina Lessee (the "Delivery Date"), the parties acknowledge that the Murano/Portofino Spaces will be deemed a part of the "Parking Facilities" and that all the duties and obligations of the parties hereto with respect to the Parking Facilities shall apply with respect to the Murano/Portofino Spaces as of the Delivery Date. 3. Definition of Marina Lessee. The parties hereto acknowledge that all references to Marina Lessee as set forth in the Agreement and this Amendment shall refer to Miami Beach Marina Associates, Ltd. and any of its successors in interest and! or assigns under the Marina Lease, whether by virtue of: (a) an assignment 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 other conveyance of Marina Lessee's interest in the Marina Lease to a "Leasehold Mortgagee" or "Purchaser" (as such terms are defmed in the Marina Lease) in accordance with the provisions of Article IX of the Marina Lease or (c) any other manner permitted under the Marina Lease. \73338\10351\# 586046 vi 12/19/023:41 PM 4. Definitions. All terms not specifically defined herein shall have the meaning set forth in the Agreement. 5. Counterparts. This Amendment may be executed ill any number of counterparts each of which when taken together shall constitute one in the same document. 6. Reaffirmation. Except as specifically set forth herein, the terms and "conditions of the Agreement remain unmodified and in full force and effect. IN WITNESS WHEREOF, the parties have executed this er, Mayor above. [SEAL] Allest: BY:~ ~~ , City Cl~rk c, ",Mr.... fONA' tANIIUAII ...UIOU1Dt By: ~:;Gr City of Mi, ~ ay.-- Date: APPROVED AS TO ORM & LANGUAGE AND OR EXECUTION STATE OF FLORIDA ) ) SS. COUNTY OF MIAMI-DADE ) i Beach BEFORE ME, a Notary Public in and 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 behalf of such political subdivision. He acknowledged that he did ~n the foregoing instrument as Mayor and that the same is his free act and deed as Mayor. He L is personally known to me or _ has produced a driver's license as identification. - I~ TESTI:1>ONY WHEREOF, I have hereunto set my hand and official seal at Miami, Florida, this JV!2 day of O~~, 2002. ~uAUJ>>jll~ N tary PubliJ Li (I/o,.) BUl()chtl~ UWAN BEAUCHAMP NOfARY PUBLIC !rATE OF FLORIDA COMMISSION NO. D0109289 MY COMMISSION EXP. APR. 29.2006 \73338\ 10351 \ # 586046 v I 12/11/0212:20 PM -2- EDEVELOPMENT . [SEAL] Attest: By ~ p~ , Secretary \ ft;Zt1'-dY Date: APPROVED AS TO FO M & LANGUAGE AND F EXECUTION APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION By: Miami Beac STATE OF FLORIDA ) ) SS. COUNTY OF MIAMI-DADE ) BEFORE ME, a Notary Public in and for said County and State, personally appeared David Dermer as Chairman of the MIAMI BEACH REDEVELOPMENT AGENCY, a Florida public agency organized and existing pursuant to the Community Redevelopment Act of 1969, Chapter 163, Part III, Florida Statutes as amended, on behalf of such agency. He acknowledged that he did sign the foregoing instrument as Chairman and that the same is his free act and deed as Chairman of the Agency. He ..-/' is '-- personally known tome or _ has produced a driver's license as identification. h... IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal at Miami, Florida, thi',LQ'"" d'y oiJ:>>ruJgJ .2: . . ~il. ULWNBlAua<\MP ~~ :It NOTARY PUBUC srATEOF FLORIDA (/ ~ry Public LiflrQ,..) &.a f/1Yl/J COMMISSION NO. 00109289 r MY COMMISSION EXP. APR. 29,2006 \73338\10351\ # 586046 v I 12/11/0212:20 PM -3- MIAMI BEACH MARINA ASSOCITES, LTD., a Florida limited Partnership . By: SoBe Marine, Inc., a Florida corporation, general partner [SEAL] Attest: 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 SoBe Marine, Inc., a Florida corporation, general partner of MIAMI BEACH MARINA ASSOCIATES, LTD., a Florida limited partnership, on behalf of the partnership. He acknowledged that he did sign the foregoing instrument as President and that the same is his free act and deed as President of the corporation. He _ is personally known to me or _ has produced a driver's license as identification. ~TESTlMONY WHEREOF, I have hereunto set my hand and official seal at Miami, Florida, this ~ day of tu~002. ~~ Notary Public Q) Rhoda RubIn : . MY COMMIS8ION, tlDOll9688 ElCPlllES ,. Febnlmy 17, 2lltl6 ~. BONDIDHU1IOI1MI1lllUR.\lQ1IlC. \73338\ 10351\ # 586046 v I 12/1110212:20 PM -4-