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94-21081 Resolution ./ '. RESOLUTION NO. 94-21081 A RESOLUTION OF THE MAYOR AND 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 MARCH 3, 1994, AND ENDING ON APRIL 20, 1994. WHEREAS, on October 23, 1991, the City and Lessee entered into a First Amendment to Marina Lease Agreement (the "First 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 of all necessary permits for the construction of the Dry Stack Facility for the Miami Beach Marina, the Lessee must elect to either terminate the Marina Lease or proceed with its plans, 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 second amendment to the Marina Lease Agreement, the Mayor and 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 a Second Amendment to the Marina Lease Agreement, an extension would be necessary, such extension commencing on March 3, 1994 and ending on April 20, 1994; and WHEREAS, during the aforestated extension period, all terms and conditions of the Marina Lease and First Amendment will remain in full force and effect, provided that all parties thereto will be excused and released from any default, either implied or expressed, under both agreements, as the result of any delays in all matters L . . . OFFICE OF THE CITY ATTORNEY '6~ of J/tiomi 1/mm F L o R D A CITY ATTORNEY POBOX 0 MIAMI BEACH. FLORIDA 33119-2032 TELEPHONE (305) 673-7470 TELECOPY 1305) 673-7002 LAURENCE FEINGOLD COMMISSION MBMO NO. Il~-CJl) . MARCH 2, 1994 FROM: MAYOR SEYMOUR GBLBBR MEMBBRS OF TBB CITY COMMISSION 000II0 II. CARLTOll", CITr.~ LAURENCB FBINGOr.b . A" _ CITY ATTORNEY ~ ~ MIAMI BEACH MARINA DRY-STACK ELBCTION DATB TO: RE: As the Commission is aware, prior extensions to the "Election Date" under which the Marina Lessee had to decide whether or not to commit to the construction of the Dry Stack Facility were approved. The attached resolution extends up through and including the date of April 20, 1994 for this Election to occur due to our on-going negotiations 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 April 20, 1994 be approved. LF:jm Attachment c:\wpSl\jd\mbmelec.mem 82 DATE ~-1-:\ ~-7- qlj AGENDA ITE" 1700 CONVENTION CENTER DRIVE - FOURTH FLOOR - MIAMI BEACH. FLORIDA 33139 , . OFFICE OF THE CITY ATTORNEY . '6~ ofJ/tiomi 11- F L o R D A CITY ATTORNEY AOO':~ !~~~\ ~.\IIll:ClIt" . · \~~] '~4E? POBOX 0 MIAMI BEACH. FLORIDA 33' '9-2032 TELEPHONE :305> 673-7470 TELECOPY 13051673-7002 LAURENCE FEINGOLD COMMISSION MEMORANDUM NO: -153-9~ F?~~~ DATE: FEBRUARY 24, 1994 SUBJECT: MAYOR SEYMOUR GELBER MEMBERS OF THE CITY COMMISSION CITY MANAGER ROGER M. CARLTON // ./ LAURENCE FEINGOLD'~ y~ CITY ATTORNEY . .';.;u?~.'---'-~-P ~7 '-~ RESOLUTION PROVIDING FOR AN INDEPENDENT AUDITOR TO PERFORM AUDITS AND PROVIDE FINANCIAL ANALYSIS IN CONNECTION WITH THE CITY'S PARKING SYSTEM. TO: FROM: Commissioner Susan Gottlieb requested that our office draft the attached resolution providing for the appointment of an independent auditor to perform audits and analyses relating to the operation of the City'S parking system. The auditor would examine, ~udit and analyze funds and accounts, expenses/expenditures, sources of- income and amounts incoming. ~rom each individual source. According to this resolution, the City Commission will select an auditor from responses to a public advertisement for the position. Compensation for this professional service would be negotiated by the City Attorney's Office after selection of the successful candidate. The City Commission would approve the final agreement. LF:8cf:memoa\acctnt,cm 37 AGENDA ITE" DATE R-1-G. 2-L~~Y. 1700 CONVENTION CENTER DRIVE - FOURTH FLOOR - MIAMI BEACH, FLORIDA 33139