HomeMy WebLinkAbout2003-25194 Reso RESOLUTION NO. 2003-25194
A RESOLUTION OF THE MAYOR AND CiTY COMMISSION OF
THE CITY OF MIAMI BEACH APPROVING THE SECOND
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, on April 15, 1998, 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"), for the purpose of having the original
provisions of the Marina Lease conform with the April 15, 1998 Settlement Agreement
between West Side Partners, Ltd. and the City (the "Settlement Agreement"); and
WHEREAS, pursuant to the Settlement Agreement, the City, the RDA and West
Side Partners later entered into an Amended and Restated Parking Agreement, dated May
24, 1999, to provide the City and the RDA with certain permanent parking facilities, as well
as laundry, lavatory and showers, retail/office space, and storage to be located upon the
SSDI North Parcel for use by the Marina Lessee for the benefit of the Miami Beach Marina
and the public, in which the developer agreed to construct certain permanent parking
spaces in parking garage(s) and lease those certain parking spaces to the City, as had
been set forth in the Settlement Agreement; and
WHEREAS, the Fourth Amendment to the Madna Lease provided for the City to be
responsible for the initial capital cost of each corresponding garage space, 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 Madna parking; and
WHEREAS, such terms are memorialized in the Parking Facility Management and
Operation Agreement executed December 1, 1999, which provided that the Marina Lessee
will operate the Marina garages for the City; and
WHEREAS, the Parking Facility Management and Operation Agreement governs
the management and operation of the facilities on SSDI South and a Lease Agreement
between the City and the Yacht Club at Portofino, dated November 30, 1998, addresses
the parking spaces, laundry and bathroom facilities at the Yacht Club at Portofino; and
WHEREAS, on September 25, 2002, the City and the RDA approved the First
Amendment to the Parking Facility Management and Operation Agreement for the Miami
Beach Marina, which was executed on December 20, 2002, regarding the duties and
obligations for the parking spaces and City Unit located in the Murano project, also located
on SSDI-South; and
WHEREAS, on April 9, 2003, the City by Resolution No. 2003-25170, and the RDA
by Resolution No. 448-2003, authorized the execution of a Lease Agreement with Murano
Two, Ltd. for The City Unit, which consists of 149 parking spaces less seven spaces to be
occupied by laundry, lavatory and trash facilities, for a net of 142 spaces, on the first floor
of the Murano Grande project; and
WHEREAS, the Murano Grande project is expected to obtain a Temporary
Certificate of Occupancy (TCO) by the beginning of May, 2003.
NOW, THEREFORE, BE IT DuLy RESOLVED BY THE MAYOR AND
COMMISSIONERS OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission of the City of Miami Beach hereby approve the Second 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 30th day of
t~,/' ~IA V'OR
ATTEST:
CITY CLERK
T:~AGEN DA~003~apr3003Yeg ula r~Marin aSecondAmendAgme. RES .doc
APPROVEDASTO
FORM&LANGUAGE
&FOREXECUTION
CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
Condensed Title:
I
Agreement for the Miami Beach Marina by and between Miami Beach Marina Associates, Ltd., the City of I
I
IA Resolution approving the Second Amendment to the Parking Facility Management and Operation
Miami Beach and the Miami Beach Redevelopment Agency for the City Unit in the Murano Grande project.
Issue:
Should the Mayor and City Commission authorize the Second Amendment to the Parking Facility
Management and Operation Agreement for the Miami Beach Marina to include 149 parking spaces (less:
one space occupied by a refuse container, one space occupied by the laundry facilities, and five spaces
occupied by the lavatory facilities; for a net of 142 parking spaces referred to as the "City Unit") located
within the Murano Grande project completed on SSDI-North upon final acceptance and delivery pursuant to
the Parkin~l Facility Manacjement and Operation Agreement dated December 1, 19997
Item Summary/Recommendation:
IThe Murano Grande project is expected to obtain a Temporary Certificate of Occupancy (TCO) by the
beginning of May, 2003. As such, it is recommended that the Mayor and City Commission approve the
Second Amendment to the Parking Facility Management and Operation Agreement for the Miami Beach
Marina, which governs the City Unit pursuant to the Parking Facility Management and Operation
Agreement dated December 1, 1999.
Advisory Board Recommendation:
Financial Information:
Funds:
2
~:inance Dept.
City Clerk's Office Legislative Tracking:
I Christina M. Cuervo
T:~AGENDA~2003~apr3003~regular~MarinaSecondAmendAgree. SUM-doc
AGENDA ITEM ~7.//'~
DATE
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.ci.miami-beach.fi.us
To:
From:
Subject:
COMMISSION MEMORANDUM
Date: April 30, 2003
Mayor David Dermer and
Members of the City Commission
Jorge M. Gonzalez
City Manager
A RESOLUTION O1= THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH APPROVING THE SECOND 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 FOR THE CITY UNIT IN THE
MURANO GRANDE PROJECT.
RECOMMENDATION:
Adopt the Resolution.
ANALYSIS:
On April 15, 1998, 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"), for the purpose of having the original provisions of
the Marina Lease conform with the April 15, 1998 Settlement Agreement between West
Side Partners, Ltd. and the City.
Pursuant to the Settlement Agreement the City, the RDA and West Side Partners later
entered into an Amended and Restated Parking Agreement, dated May 24, 1999, to provide
the City and the RDA with certain permanent parking facilities, as well as laundry, lavatory
and showers, retail/office space, and storage to be located upon the SSDI North Parcel for
use by Miami Beach Marina Associates, Ltd. for the benefit of the Miami Beach Marina and
the public. The developer agreed to construct certain permanent parking spaces in parking
garage(s) and lease those certain parking spaces to the City, as had been set forth in the
Settlement Agreement.
Therefore, the Fourth Amendment to the Marina Lease provided for the City to be
responsible for the initial capital cost of each corresponding garage space, 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.
April 30, 2003
Commission Memorandum
Marina - Parking Faci/ity Management and Operation Agreement
Page 2 of 2
Such terms are memorialized in the Parking Facility Management and Operation
Agreement executed December 1, 1999, which provided that the Marina Lessee will
operate the Marina garages for the City. This Agreement also provided that the City or the
RDA are to receive 35% of gross parking revenues, in the event that fees for parking are
ever charged, which is not the case at this time.
The Parking Facility Management and Operation Agreement governs the management and
operation of the facilities on SSDI South and a Lease Agreement between the City and the
Yacht Club at Portofino, dated November 30, 1998, addresses the parking spaces, laundry
and bathroom facilities at the Yacht Club at Portofino. Additionally, on September 25,
2002, the City and the RDA approved the First Amendment to the Parking Facility
Management and Operation Agreement for the Miami Beach Marina, which was executed
on December 20, 2002, regarding the duties and obligations for the parking spaces and
City Unit located in the Murano project, also located on SSDI-South.
On April 9, 2003, the City by Resolution No. 2003-25170, and the RDA by Resolution No.
448-2003, authorized the execution of a Lease Agreement with Murano Two, Ltd. for The
City Unit, which consists of 149 parking spaces less seven spaces to be occupied by
laundry, lavatory and trash facilities, for a net of 142 spaces, on the first floor of the Murano
Grande project. The Murano Grande project is expected to obtain a Temporary Certificate
of Occupancy (TCO) by the beginning of May, 2003.
As such, it is recommended that the Mayor and City Commission authorize the execution
of the Second Amendment to the Parking Facility Management and Operation Agreement
for the Miami Beach Marina for the commencement of garage operations at Murano
Grande.
JMG/C'~/AP
T:~AGENDA~2003~apr3003~regular~MadnaSecondAmendMemo. CM.doc