MB Marina Associates, LTD
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 "Jo-n. 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 ill, 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 SSDI South Parcel and the SSDI 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, THEREFORE, 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 Spaces 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 Porto fino 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/Portofmo 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. Defmition 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 defined 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.
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4. Definitions. All terms not specifically defined herein shall have the meaning set forth in
the Agreement.
5. Counterparts. This Amendment may be executed in any number of counterparts each of
which when taken together shall constitute one in the same document.
6. Reaffirmation. Except as specitically 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]
Attest:
BY:~ ~~
, City C1~rk,:"
II'......
fQNllWIMMII
......"..
APPROVED AS TO ORM &
LANGUAGE AND OR EXECUTION
By:
City of Mi, ni Beach
>11. -/ 4 ~ 6~
~ Date:
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 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 )ign 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~ONY WHEREOF, I have hereunto set my hand and official seal at Miami, Florida,
this ~ day of ot...,Jt." 2002.
~uA~/ild2
N tary Public' Li/Ir'Q0 BUlUch.t1tnfJ
UWAN BEAUCHAMP
NOfARY PUBUC 51'ATE OF FLORIDA
COMMISSION NO. DDt09289
MY COMMISSION EXP. APR. 29.2006
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EDEVELOI'MENT
.
[SEAL]
Attest:
By ~ f~
. , Secretary
APPROVED AS TO
FORM & LANGUAGE
& fOR EXECUTION
By:
Miami Beac Redevelopment Agency
APPROVED AS TO F
LANGUAGE AND F
, if;;/. tI,d"Y
Date:
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 Ill,
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.
Po IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal at Miami, Florida,
this, -rt, day o(be~ ,2002.
LILLIAN BEAUCHAMP
NOfARY PUBLIC STATE OF FLORIDA
COMMISSION NO. D0109289
MY COMMISSION EXP. APR. 29,2006
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MIAMI BEACH MARINA
ASSOCITES, LTD., a Florida limited
Partnership
.
By: SoBe Marine, Inc., a Florida
corporation, general partner
B
[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.
j 3 !&:v TESTIMONY WHEREOF, I have hereunto set my hand and official seal at Miami, Florida,
this day of lli~002.
~~
Notary Public
0) Rhoda IIubIn
: . MY COMloISSlON' DlllII9688 EXJllRQ
:. February 17, 2006
,Ii(. BOICllD1ltlU1IIO'r_MWNQII:.
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