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HomeMy WebLinkAbout450-2003 RDA Reso RESOLUTION NO. 450-2003 A RESOLUTION OF THE CHAIRMAN AND MEMBERS OF THE MIAMI BEACH REDEVELOPMENT AGENCY 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 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; 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 CHAIRMAN AND MEMBERS OF THE MIAMI BEACH REDEVELOPMENT AGENCY, FLORIDA, that the Chairman and Members of the Miami Beach Redevelopment Agency 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 A ril, 00 A TIEST: -~twtf~~ T:\AGENOA \2003lapr3003\rdalMarinaSecondAmendAgree .RES.doc APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION ~ '"/->-'f-q} ment Agency Date General Cou~ REDEVELOPMENT AGENCY COMMISSION ITEM SUMMARY m ~ Condensed Title: A Resolution 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 Redevelo ment A enc for the Ci Unit in the Murano Grande ro'ect. Issue: Should the Chairman and Members of the Miami Beach Redevelopment Agency 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 Unir) located within the Murano Grande project completed on SSDI-North upon final acceptance and delivery pursuant to the Parking Facility Management and Operation Agreement dated December 1, 1999? Item SummarY/Recommendation: 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 Board approve the Second Amendment to the Parking Facility Management and Operation Agreement for the Miami Beach Marina, which govems the City Unit pursuant to the Parking Facility Management and Operation Agreement dated December 1, 1999. Advisory Board Recommendation: I N/A Financiallnfonnation: Soun<e of Amount Account Approved Funds: 1 D 2 3 4 Finance Dept. Total City Clerk's OffIce Legislative Tracking: I Christina M. Cuervo SI n-Ot'fs: Department Director Assistant City Manager City Manager T:\AGENDAI2OO3\8pr3OO3\r~.SUM.doc Agenda Item o<'A Date 9:3/}-cJ3 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH. FLORIDA 33139 _.ci.miami-beach.f1.u8 REDEVELOPMENT AGENCY MEMORANDUM Subject: Chairman and Members of the Board . Date: April 30. 2003 Of the Miami Beach Redevelopment Agency Jorge M. Gonzalez \ ~ ~/ Executive Director 0 ,v- 0 A RESOLUTION OF THE CHAIRMAN AND MEMBERS OF THE MIAMI BEACH REDEVELOPMENT AGENCY 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. To: From: RECOMMENDATIQN: Adopt the Resolution. A~AL YSIJ; 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 RDA - Commission Memorandum Marina - Parking Facility 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 Mura 0 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 firs floor ofthe Murano Grande project. The Murano Grande project is expected to obtain a T mporary Certificate of Occupancy (TCO) by the beginning of May, 2003. As such, it is recommended that the Members of the Miami Beach Red velopment Agency authorize the execution of the Second Amendment to the Parking F cility Management and Operation Agreement for the Miami Beach Marina for the comm ncement of garage operations at Murano Grande. JMG/C~AP T:\AGENOA\2003\apr3003\rda\MarinaSecondAmendMemo.CM.doc 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 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; 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 A ATTEST: _l~}' ~aA{t.v- CITY CLERK T:\AGENDA \2003\apr3003\regularIMarinaSecondAmendAgree. RES.doc APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION '/-J.){o3 uate CITY OFMIAMI'BEACH COMMISSION ITEM SUMMARY m Condensed Title: A Resolution 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 Redevelo ment A enc for the Ci Unit in the Murano Grande ro'ect. 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 Facili Mana ement and 0 eration A reement dated December 1, 1999? Item Summary/Recommendation: 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 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 Aareement dated December 1, 1999. Advisory Board Recommendation: I N/A Financial Information: Source of Funds: D Finance Dept. islative Trackin SI n-Ofts: T:\AGENDA\2003\apr3003\regularlMarinaSecondAmendAgree.SUM.doc AGENDAITEM 1?7A DATE ~-3J -(/3 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.ci.miami-beach.fl.us COMMISSION MEMORANDUM From: Mayor David Dermer and Date: April 30, 2003 Members of the City Commission Jorge M. Gonzalez ~~ . _ /' City Manager dfi/7) A RESOLUTION 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. To: Subject: 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 Facility 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/~/AP T:\AGENDA\2003Iapr3003\regularlMarinaSecondAmendMemo.CM.doc