Miami Beach Marina Agmt
SECOND AMENDMENT TO PARKING FACILITY MANAGEMENT AND
OPERATION AGREEMENT FOR THE MIAMI BEACH MARINA
This Second Amendment to Parking Facility Management and Q;z:ration Agreement for
the Miami Beach Marina (this Amendment") is entered into as of this 30 day of April 2003, 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 III, 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 North Parcel. The
parking garage on the southern portion of the SSDI North 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 City Unit consisting of 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 permanent parking spaces to be located on
the southern portion of the SSDI North 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.
reference.
Recitals. The above recitals are true and correct and are incorporated herein by
2. Parkino Spaces on the Southern Portion of the SSDI North Parcel. The parties
hereto acknowledge that the City and the Agency are about to take delivery of and accept the
City Unit consisting of 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 permanent parking spaces located in the parking garage for the Murano Grande
Building located on the southern portion of the SSDI North Parcel (the "Murano Grande
Spaces") for use by the Marina Lessee pursuant to the Marina Lease. Upon delivery to and
acceptance of the Murano Grande Spaces by the City, the Agency and Marina Lessee (the
"Delivery Date"), the parties acknowledge that the Murano Grande 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 Grande Spaces as of the
Delivery Date.
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"
3. Definition 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.
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 specifically set forth herein, the terms and conditions of
the Agreement remain unmodified and in full force and effect.
IN WITNESS WHEREOF, the parties have executeiist, me ment as of the date first
written above. !
i
I
OFMI I
B:
[SEAL]
Attest:
By: ftklt PCVtJ~
''RJ bert: fJ.---(/.. tr'" , City Clerk
By:
APPROVED AS TO FORM
LANGUAGE AND FOR E
Date:
STATE OF FLORIDA )
) SS.
COUNTY OF MIAMI-DADE )
2-
APPROVED AS TO
FORM & LANGUAGE
& fOR EXECUTION
o
A\.'
City Attorn
~\,<) /0'1
Date
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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 sign 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.
IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal at Miami,
Florida, this 2 ,;rl-t'day of ~p-kMbY;-200.3. '-I
r4~~
Notary Public I-r/ h irrl JS ec1:f2t'1to.
OfFICIAL NOTARY SEAL
LILLIAN BEAUCHAMP
NCYrARY PUBLIC Sf ATE OF FLORIDA
COMMISSION NO. DDl09289
MY COMMiSSION EX.~;_~P.B:12,:?OO6 _.
[SEAL]
Attest:
By ~~d rClMk
, ap.d: It.nl-<T , Secretary
By:
APPROVED AS TO FOR
LANGUAGE AND FOR
Date:
STATE OF FLORIDA
3-
APPROVED MlO
FORM & LANGUAGE
& FOR EXECUTION
()
~ \{ r?n- ~ }zSM
Redevelopment D_
GenenIICcIunMI~
SS.
COUNTY OF MIAMI-DADE
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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 III, Florida Statutes as amended, on behalf of such agency. He
acknowledged that he did sign the foregoing instru0as Chairman and that the same is his
free act and deed as Chairman of the Agency. He' is personally known to me or _ has
produced a driver's license as identification.
E-- OfficIAL A S L
LILLIAN BEAUCHAMP
NUT ARY PUBLIC Sf ATE OF FLORIDA
COMMISSION NO. DD109289
MY CO'l~,-nc,,,.rON EXP. APR. 29,.2006
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MIAMI BEACH MARINA
ASSOCITES, LTD., a Florida limited
Partnership
By: SoBe Marine, Inc., a Florida
corporati general partner
[SEAL]
Attest:
Name:
Title:
STATE OF FLORIDA
SS.
COUNTY OF MIAMI-DADE
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4-
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 III, Florida Statutes as amended, on behalf of such agency. He
acknowledged that he did sign the foregoing instrum0s Chairman and that the same is his
free act and deed as Chairman of the Agency. He' is personally known to me or _ has
produced a driver's license as identification.
IN TESTIMONY WH~'3EOF, I have hereunto set my hand and official seal at Miami,
Florida, this d- ~ f1, day ot~rI1 , 200,,8. f ,
OFFICI L
LILLIAN BEAUCHAMP
NafARYPUBUCsrATEOFFLORIDA tary PUbli'c L/(/QN /3u,uchct 0'1 L:)
COMMISSION NO. 00109289 /-
MY COMM~~':!9N EXP. APR. 29,2006
MIAMI BEACH MARINA
ASSOCITES, LTD., a Florida limited
Partnership
By: So Be Marine, Inc., a Florida
corporati general partner
[SEAL]
Attest:
Name:
Title:
)
) SS.
)
T:IAGENDA \2003\apr3003\rdaIMarinaSecondAmendmentDocument.DOC
4-
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.
IN TESTIMONY WH~EOF, I have hereunto set my hand and official seal at Miami,
Florida, this '{-#.. day of _ ' ,2003.. ~oo y
,
~ (l,/_ ~
blic ~
""'~"~"'" EUZABE11-I ORTIZ .
."" "l!!'f~ MY COMMISSION # OD 16446~
.W EXPIRES: ()ecenlber 17, 2006
w" ___II1SUl1lnc>l Agenc/
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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.
ATTEST:
-~ ffv~
SE RET ARY
T:\AGENDA\2003Iapr3003\rdalMarinaSecondAmendAgree.RES.doc
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
4fi ~ <j->-<f-rft
ve ment Agency Date
General Coun~
REDEVELOPMENT AGENCY
COMMISSION ITEM SUMMARY
~
-
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 en for the Ci Unit in the Murano Grande roO 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 Unif') 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:
Sou~e of Amount Account Approved
Funds: 1
D 2
3
4
Finance Dept. Total
C Clerk's Office Le islative Trackin
Christina M. Cuervo
Si n-Offs:
Department Director
Assistant City Manager
City Manager
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Agenda Item o?A
Date r--:3IJ-cJ3
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
_.ci.miami-beach.fl.us
REDEVELOPMENT AGENCY MEMORANDUM
To:
From:
Chairman and Members of the Board . Date: April 30, 2003
Of the Miami Beach Redevelopment Agency
Jorge M. Gonzalez \~~
Executive Director Q Ll
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.
Subject:
RECOMMENDATI<2tt
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 benefrt 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 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 Members of the Miami Beach Redevelopment Agency
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/CibAP
T:V>.GENDA\2003\apr3003\rdaIMarinaSecondAmendMemo.CM.doc