12-83 RDA
RESOLUTION NO. 12-83
A RESOLUTION OF THE BOARD OF COMMISSIONERS
OF THE MIAMI BEACH REDEVELOPMENT AGENCY REC-
OGNIZING THE TRANSFER OF ITS RESPONSIBILI-
TIES FOR THE CONSTRUCTION AND OPERATION OF
THE MIAMI BEACH MARINA TO THE CITY OF MIAMI
BEACH; REJECTING PRIOR BIDS AND AUTHORIZING
THE RETURN OF BID BONDS.
WHEREAS, on December 17, 1982, the Miami Beach Rede-
velopment Agency directed the chairman and secretary of the
Agency to execute a Special Warranty Deed granting to the Ci ty
of Miami Beach certain properties, including the si te for the
Miami Beach Marina, Lots 22-29 and Lot 21, Block 111, Ocean
Beach Addition No.3 Plat Book 2, Page 81; and
WHEREAS, on February 2, 1983, the Board of Commis-
sioners recommended that the Ci ty Commission of the Ci ty of
Miami Beach initiate competitive negotiations regarding the con-
struction and operation of the Miami Beach Marina; and
WHEREAS, on March 8, 1983, a representative of Marina
Management Corporation notified the executive director of the
Miami Beach Redevelopment Agency that it was ready to fulfill a
certain contract for management and operation of the Marina upon
execution of said agreement and after the letting of revenue
bonds to allow construction of the Marina by the Agency; and
WHEREAS, the executive director provided Marina Man-
agement an opportunity to be heard concerning said contract and
has concluded that execution of the contract, revenUE: bond fi-
nancing and construction of the Marina by the Agency, never
occurred; and
WHEREAS, certain permits with the Department of Envi-
ronmental Regulation and the Corps of Engineers expire, respec-
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tive motion to approve said agreement passed April 27, 1981, for
the reason that the condi tion precedent to said contract never
occurred, to wit: the approval of bond counsel, since no bonds
have issued; and
WHEREAS, said management agreement was based upon a
request for proposals dated Apr il 5, 1978, when the Agency had
no right, title or interest in the Marina site: and
WHEREAS, the construction schedules, design, nature
and amount of financing, interests of the par ties, and other
factors contemplated in said request for proposal have been sub-
ject to a material change of circumstances since 1978; and
WHEREAS, accordingly, the Ci ty Commission of the Ci ty
of Miami Beach on February 2, 1983, authorized the initiation of
new competitive bid procedures to allow interested parties a
fair opportunity for competition to enter into an agreement for
completion of the Marina; and
WHEREAS, public policy and practical circumstances
dictate that this Agency declare the lack of encumbrances on the
above descr ibed property which might chill the bidding process
and restrain competition therein; and
WHEREAS, the power of the Agency to execute the man-
agement agreement with Marina Management Corporation pursuant to
the provisions of S163.370 of the Florida statutes or otherwise
may not have existed on April 5, 1978, or afterward; and
WHEREAS, the issuance of revenue bonds pursuant to
S163.385 of the Florida Revised statutes was not culminatvd in a
fashion authorized by said section, or otherwise: and
WHEREAS, the term of the management agreement with
Marina Management Corporation never commenced and the City
Commission has indicated its intent to complete the Miami Beach
ject. to the continuing responsibilities of the Agency and the
Ci ty for development, planning and regulation of the Mar ina as
provided by the Community Redevelopment Act; and
FURTHER BE IT RESOLVED that all prior bids are reject-
ed and the executive director is directed to return any and all
bid bonds.
PASSED and ADOPTED this 4th day of ~aY~;~83.~?"
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CHAIRMAN
ATTEST:
1JLa;~ 1n.~
Secretary
APPRO~/AS TO FORM:
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GENERAL COUNSEL
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