145-93 RDA
RESOLUTION NO.
145-93
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 A SECOND EXTENSION TO THE
FIRST AMENDMENT TO MARINA LEASE AGREEMENT FOR
A PERIOD NOT TO EXCEED EIGHT (8) DAYS, SAID
PERIOD COMMENCING ON DECEMBER 7, 1993 , AND
ENDING ON DECEMBER 15, 1993.
WHEREAS, on June 24, 1983, the City entered into a Lease
Agreement with Carner-Mason Associates ("Carner-Mason"), for the
purpose of leasing land for the construction and development of the
Miami Beach Marina (the "Marina Lease"); and
WHEREAS, pursuant to a foreclosure of a mortgage on the Marina
Lease, Tallahassee Building Corporation ("Lessee") acquired the
interest in the Marina Lease previously owned by Carner-Mason; and
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, Lessee has been proceeding over the last year in
obtaining the necessary approvals to construct the aforestated Dry
Stack Facility; and
WHEREAS, Lessee's proposal for the Dry Stack Facility has been
met with great concerns on the part of the Miami Beach Housing
Authority which, when combined with other significant economic
factors, has prompted Lessee to explore with the City the
possibility of foregoing its right to build the Dry Stack Facility,
as currently required by the Marina Lease if the long term parking
needs of the Marina can be met on the Dry Stack site and the Marina
uplands; and
WHEREAS, pursuant to the terms of the First Amendment, the
city is also required to provide up to 1,000 parking spaces and a
pedestrian overpass for the Miami Beach Marina needs, upon the
development of the Marina uplands, and this requirement, while
previously negotiated as part of the First Amendment is, in light
of the currently critical parking situation within the City,
proving to be a burden and hardship for the City; and
WHEREAS, the Administration and City Attorney's office have
determined that the aforestated issue should be presently addressed
with the Lessee, and that a Second Amendment to the Marina Lease
Agreement be negotiated to adequately resolve same; 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 approved Resolution No. 93-20945 providing for an
extension to the First Amendment to the Marina Lease up to and
including December 7, 1993; 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, a second extension
would be necessary, such extension commencing on December 7, 1993
and continuing for a period not to exceed eight (8) days, and
ending on December 15, 1993; and
WHEREAS, during the aforestated additional eight (8) day
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
2
authorizes the Executive Director and the General Counsel to
continue with negotiations for a Second Amendment to Marina Lease
Agreement, and further authorize a second extension to the First
Amendment to Marina Lease Agreement for a period not to exceed
eight (8) days, said period commencing on December 7, 1993, and
ending on December 15, 1993.
PASSED and ADOPTED this
1st
day of
December
1993.
ATTEST:
~~J [~
SECRETARY
c:\wp51\jd\mar2amdex.RDA
FORM APPROVED
REDEVELOPMENT AGENCY
GENERAL COUNSEl
.-.--.
By j CA~
Date 11.;2 Lf.1s
3
Miami Beach
Redevelopment Agency
1700 Convention Center Drive
Miami Beach, Florida 33139
Telephone: (305) 673-7193
Fax: (305) 673-7772
REDEVELOPMENT AGENCY MEMORANDUM NO. 93-36
DECEMBER 1, 1993
TO:
CHAIRMAN AND MEMBERS OF THE BOARD
OF THE REDEVELOPME~NT A Y ~
LAURENCEFEINGOL ~
CITY ATTORNEY
FROM:
RE:
MIAMI BEACH MARINA DRY-STACK ELECTION DATE
As the Commission is aware, on October 20, 1993 the City
commission and the Redevelopment Agency extended from October 23,
1993, for a period of 45 days, the "Election Date" under which the
Marina Lessee had to decide whether or not to commit to the
construction of the Dry Stack Facility. The attached resolution
extends up through and including the date of December 15, 1993 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
December 15, 1993 be approved.
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