Miami Beach Marina 2nd Amndmt
SECOND AMENDMENT TO PARKING FACILITY MANAGEMENT AND
OPERATION AGREEMENT FOR THE MIAMI BEACH MARINA
This Second Amendment to Parking Facility Management anc!. QQeration Agreement for
the Miami Beach Marina (this Amendment") is entered into as of this ~ 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. Parkinq 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.
[SEAL]
Attest:
B?i.f~) ~~rn
IN WITNESS WHEREOF, the parties have executed
written above.
B:
By:
APPROVED AS TO FORM
LANGUAGE AND FOR E
Date:
STATE OF FLORIDA )
) SS.
COUNTY OF MIAMI-DADE )
APPROVED AS TO
FORM & LANGUAGI
& FOR EXECU110N
2-
fTI ~\oS/u~
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 ~~day of ~-f-kMb:Y:'200t: L{
~
Nota", Pubhe !-r~"';o.
OFFICIAL NOTARY SEAL
LILLIAN BEAUCHAMP
NOTARY PUBUC STATE OF FLORIDA
COMMISSION NO. D0109289
MY COMMISSION EXP. APR. 29,2006
[SEAL]
Attest:
By:
, Secretary
By:
APPROVED AS TO FOR
LANGUAGE AND FOR
Date:
STATE OF FLORIDA )
) 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 instru0s 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 if- ~.p.., day ot~~ , 200l f _
OFFICI
LILLIAN BEAUCHAMP
NOfARYPUBUCsrATEoFFLORIDA tary PUbli-C Ll/(IQN !3.utuchCtrytP
COMMISSION NO. 00109289
MY COMM!SSr~PR. 29,2006
MIAMI BEACH MARINA
ASSOCITES, LTD., a Florida limited
Partnership
By: SoBe Marine, Inc., a Florida
corporati general partner
ent
[SEAL]
Attest:
Name:
Title:
STATE OF FLORIDA )
) 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 instruVias 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.
t OI'f1CIAL A SEAL
LILLIAN BEAUCHAMP
NOTARY PUBLIC STATE OF FLORIDA
COMMISSION NO. 00109289
.~~lY COMMPSSrlJN EXP. APR. 29,2006
_"'..on-~,."...~_ ,', -_,"_......,~.._..k,"......_,.. .~_~,__~_,
MIAMI BEACH MARINA
ASSOCITES, LTD., a Florida limited
Partnership
By: So Be Marine, Inc., a Florida
corporati general partner
ent
[SEAL]
Attest:
)
) SS.
)
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BEFORE ME, a Notary Public in and for said County and State, personally appeared
Robert W. Christoph as President of So Be 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 W,~' I have hereunto set my hand and official seal at Miami,
Florida, this f..f::l.- day of . , '2003. cU;o V
. ~b~~
E1JZA8ElH 0R11Z
MY COMMISSION # 00 164469
EXPIRES: oecenjlel17, 2006
Bondedlhruf'lchanl1nSlll8l1C8 Ag/I'Ct
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