260-97 RDA
RESOLUTION NO.
260-97
A RESOLUTION OF THE CHAIRMAN AND MEMBERS OF THE MIAMI
BEACH REDEVELOPMENT AGENCY AUTHORIZING THE CHAIRMAN
AND SECRETARY TO EXECUTE THE FIRST AMENDMENT TO HOTEL
DEVELOPMENT AGREEMENT, WHICH IS ATTACHED HERETO AND
INCORPORATED HEREIN, CONCERNING THE LOEWS MIAMI BEACH
HOTEL TRANSACTION, TO PROVIDE FOR MODIFICATIONS RELATED
TO NOTICES TO BE GIVEN IN CONNECTION WITH THAT
AGREEMENT.
WHEREAS, the Miami Beach Redevelopment Agency (the "Agency") and MB
Redevelopment, Inc., an entity affiliated with Loews Hotels Holding Corporation ("MB"), entered
into that certain Hotel Development Agreement, dated as of September 20, 1996 (the "Agreement"),
pursuant to which the Agency and MB agreed upon the plan of development, construction,
furnishing and equipping of the Loews Miami Beach Hotel; and
WHEREAS, the Agency and MB would like to amend the Agreement to provide that copies
of plans and specifications and other notices be sent to the Agency's consultant, Tishman Hotel
Corporation, and to modify other related provisions; and
WHEREAS, the Agency and MB would like to amend the Agreement pursuant to the terms
of the First Amendment to Hotel Development Agreement, which is attached hereto and
incorporated herein.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CHAIRMAN AND
MEMBERS OF THE MIAMI BEACH REDEVELOPMENT AGENCY as follows:
1. The Chairman and Secretary are authorized to execute the First Amendment to Hotel
Development Agreement, which is attached hereto and incorporated herein, in connection with the
Loews Miami Beach Hotel transaction.
2. This Resolution shall take effect immediately upon adoption,
January
PASSED AND ADOPTED this 22nd day.
ATTEST:
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SECRETARY
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUnON
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Attachment
Miami Beach
Redevelopment Agency
1700 Convention Center Drive
Miami Beach, Florida 33139
Telephone: (305) 673-7193
Fax: (305) 673-7772
REDEVELOPMENT AGENCY MEMORANDUM NO. 97-3
DATE:
January 22, 1997
TO:
Chairman and Members of the Board
of the Miami Beach Redevelopment Agency
SUBJECT:
Jose Garcia-Pedrosa ~Ad'
Executive Director ~J7
A RESOLUTION OF THE CHAIRMAN AND MEMBERS OF THE MIAMI
BEACH REDEVELOPMENT AGENCY AUTHORIZING THE CHAIRMAN- AND
SECRETARY TO EXECUTE THE FIRST AMENDMENT TO THE HOTEL
DEVELOPMENT AGREEMENT, WHICH IS ATTACHED HERETO AND
INCORPORATED HEREIN, CONCERNING THE LOEWS MIAMI BEACH
HOTEL TRANSACTION, TO PROVIDE FOR MODIFICATIONS RELATED
TO NOTICES TO BE GIVEN IN CONNECTION WITH THAT AGREEMENT.
FROM:
ADMINISTRATION RECOMMENDATION:
It is recommended that the Chairman and Members of the Miami Beach
Redevelopment Agency adopt the attached Resolution.
BACKGROUND:
Under terms of the Hotel Development Agreement, entered into by and
between the Miami Beach Redevelopment Agency (RDA) and Loews Hotel
Holding Corporation on September 20, 1996, there is no provision
for the RDA's consultant, Tishman Hotel Corporation, to receive
copies of plans, specifications, notices and other documentation
pertaining to the Loews Hotel project. At that time Tishman had
not been selected for the project management role.
ANALYSIS
Since Tishman has been engaged in the capacity of project manager
for the City on the hotel proj ects, it is .imperati ve that they
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receive the documentation directly and in a timely manner. It is
necessary to amend the Hotel Development Agreement to identify
Tishman as the City and RDA I S designated recipient of these
documents. This will avoid unnecessary delays in the review of
the plans and response as required in the Agreement.
CONCLUSION
The Administration recommends amending the Hotel Development
Agreement accordingly.
.~
JGP/HM:kob
Attachments
FIRST AMENDMENT TO HOTEL DEVELOPMENT AGREEMENT
THIS FIRST AMENDMENT TO HOTEL DEVELOPMENT AGREEMENT (the
"Amendment") is made as of the 1st day of January, 1997, by MIAMI BEACH
REDEVELOPMENT AGENCY ("Owner") and MB REDEVELOPMENT, INC., a Florida
corporation ("Developer").
WIT N E SSE T H:
WHEREAS, Owner and Developer entered into that certain Hotel Development
Agreement dated as of September 20, 1996 (the "Agreement"), pursuant to which Owner
and Developer agreed on the plan of development, construction, furnishing and equipping
of the Hotel; and
WHEREAS, the Owner and Developer wish to amend certain provisions of the
Agreement.
NOW, THEREFORE, in consideration of the mutual covenants contained herein
and in consideration of Ten and No/100 ($10,00) Dollars and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the Owner
and Developer hereby agree as follows:
1. Incorporation of Recitals. The above recitals are true and correct and are
incorporated herein as if set forth in full.
2. General Terms. All defined terms (denoted by capitalization) used in this
Amendment which are not defined herein, shall have the same meaning as in the
Agreement. Except as amended and modified by this Amendment, all of the terms,
covenants, conditions, and agreements of the Agreement shall remain in full force and
effect. In the event of any conflict between the provisions of the Agreement and the
provisions of this Amendment, this Amendment shall control.
3. HUD Funds. Notwithstanding anything to the contrary in the Agreement
(including without limitation Article 6): .
(a) Owner has not entered into an agreement with the U.S. Department
of Housing and Urban Development concerning loan guarantees relating to the
Agreement;
(b) Owner will not obtain any HUD Funds or any loan guarantees in
connection with HUD Funds relating to the Agreement; and
(c)
available funds.
Owner has obtained all of Owner's Contribution from other lawfully
4. Notices.
Notwithstanding anything to the contrary in the Agreement (including without
limitation Articles 3, 4 and 20):
(a) Copies of all Preliminary Plans and Specifications, Plans and
Specifications and modifications or proposed modifications thereto, including without
limitation working and other drawings, renderings, blueprints, specifications and layouts
(all of the foregoing being herein called the "Detailed Plans"), shall be submitted solely to
Owner's Consultant at the following addresses:
Michael Antonik
Tishman Hotel Corporation
666 Fifth Avenue
New York, New York 10103
David Rift, Project Manager
Tishman Hotel Corporation
1601 Collins Avenue
Miami Beach, Florida 33139
(b) All Notices (other than the Detailed Plans) shall be distributed to each
of the persons designated for receipt of documents to Owner as specified in Section
20.1 (a),
(c) Copies of all Notices to Owner pursuant to Sections 3, 4 and 5 of the
Agreement (whether or not such Notice includes Detailed Plans) shall be distributed to
Owner's Consultant. I
5, Counterparts. This Amendment may be executed in counterparts, each of
which shall be deemed an original, but all of which together shall constitute one and the
same document.
IN WITNESS WHEREOF, the following parties have executed this Amendment as
of the day and year first above written,
MB REDEVELOPMENT, INC.
ATTEST:
BY:~W -r~
Robert Parcher, Secretary
Seymour Gelber,
APPROVED AS TO
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