Resolution 94-21015 •
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RESOLUTION NO. 94-21015
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA,
AUTHORIZING THE CITY MANAGER AND THE CITY
ATTORNEY 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 JANUARY 7, 1994, AND
ENDING ON FEBRUARY 2, 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 January 7, 1994 and
ending on February 2, 1994 ; and
WHEREAS, during the aforestated 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
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aforestated negotiating period.
NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and
City Commission herein authorize the City Manager and the City
Attorney 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 January 7, 1994 and ending on February 2, 1994.
PASSED and ADOPTED this 5t day of anuary ,
1994.
1!:;1
MAYOR
ATTEST:
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CITY CLERK
FORM APPROVED
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OFFICE OF TH1E CITY ATTORNEY
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F L O R , I D A
MCORP Y;GATT.)i= P O BOX 0
LAURENCE FEINGOLD ^.s� ';��
CITY ATTORNEY MIAMI BEACH.FLORIDA 33 1 1 9-2032
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TELEPHONE 1305)673-7470
TELECOPY ;305)673-7002
COMMISSION MEMO NO. aq-Cilq
JANUARY 5, 1994
TO: MAYOR SEYMOUR GELBER
MEMBERS OF THE CITY COMMISSION
ROGER M. CARLTON, CITY MANAGER
FROM: LAURENCE FEINGOLD
CITY ATTORNEY 1
RE: MIAMI BEACH MARINA DRY-STACK ELECTION DATE
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 February 2, 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
February 2, 1994 be approved.
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Attachment
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AGENDA
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DATE I - 5 - 1Li
1700 CONVENTION CENTER DRIVE- FOURTH FLOOR -MIAMI BEACH, FLORIDA 33139