155-94 RDA
RESOLUTION NO. 155-94
A RESOLUTION OF THE CHAIRMAN AND MEMBERS OF
THE MIAMI BEACH REDEVELOPMENT AGENCY
AUTHORIZING THE EXECUTIVE DIRECTOR AND GENERAL
COUNSEL 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 afore stated 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
related to the construction of the Dry Stack facility during the
aforestated negotiating period.
NOW THEREFORE, BE IT DULY RESOLVED BY THE CHAIRMAN AND MEMBERS
OF THE MIAMI BEACH REDEVELOPMENT AGENCY, that the Agency hereby
authorizes the Executive Director and the General Counsel to
continue with negotiations for a Second Amendment to Marina Lease
Agreement, and further authorize an extension to the First
Amendment to Marina Lease Agreement, said period commencing on
March 3, 1994, and ending on April 20, 1994.
PASSED and ADOPTED th'
day of
1994.
ATTEST:
rl~ L~~u~
SECRETARY
By
fORM APPROVED
LEGAL DEPT.
-::f"''';:>
2,- ~--l-~L
Date
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Miami Beach
Redevelopment Agency
1700 Convention Center Drive
Miami Beach, Florida 33139
Telephone: (305) 673-7193
Fax: (305) 673-7772
REDEVELOPMENT AGENCY MEMORANDUM NO.
94-07
MARCH 2, 1994
RE:
CHAIRMAN AND MEMBERS OF THE BOARD
OF THE REDEVELOPMENT AGENCY
LAURENCE FEINGOLD.L:) - ~
CITY ATTORNEY ~ ~ 6!.~
MIAMI BEACH MARINA DRY-STACK EL TION DATE
TO:
FROM:
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
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