98-22719 RESO
RESOLUTION NO. 98-22719
A RESOLUTION OF THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A FOURTH AMENDMENT TO THE MARINA
LEASE AGREEMENT WITH REGARD TO THE MIAMI
BEACH MARINA; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach, Florida (the "City"), pursuant to Resolution No. 83-
17385, entered into a Lease Agreement dated June 24, 1983 (the "Marina Lease Agreement"), with
Carner-Mason Associates, Ltd., a Florida limited partnership ("Carner-Mason"), pursuant to which
Carner-Mason leased the Miami Beach Marina from the City for a term of thirty years with three ten
year options to extend the Marina Lease Agreement; and
WHEREAS, pursuant to Resolution No. 91-20377, the City and Tallahassee Building
Corporation, a Delaware corporation ("TBC") entered into the First Amendment to Marina Lease
Agreement, dated as of Oetober 23, 1991 (the "First Amendment"), which, among other things,
recognized TBC as the successor-in-interest to Carner-Mason with regard to the Marina Lease
Agreement; and
WHEREAS, pursuant to Resolution No. 94-21268, the City and TBC entered into the
Second Amendment to Marina Lease Agreement, dated as of August 11, 1994 (the "Second
Amendment"); and
WHEREAS, TBC has assigned its interest in the Marina Lease Agreement to Miami Beach
Marina Associates, Ltd., a Florida limited partnership ("MBMA"), the general partner of which is
SoBe Marine, Inc., a Florida corporation, and the limited partners of which are Robert W. Christoph,
Trustee of the Christoph Family Trust, and GDP Investment, Inc., a Florida corporation; and
WHEREAS, pursuant to Resolution No. 97-22398, the City and MBMA entered into the
Third Amendment to Marina Lease Agreement, dated as of August 11, 1994 (the "Third
Amendment"); and
WHEREAS, the City has settled certain litigation with West Side Partners, Ltd., pursuant
to a settlement agreement dated as of , 1998 (the ("Settlement Agreement"), and such
Settlement Agreement affects the parking arrangements for the Marina; and
WHEREAS, it is now necessary and desirable to enter into a Fourth Amendment to Marina
Lease Agreement (the "Fourth Amendment"), to make provision, among other things, for changes
to the parking arrangements for the Marina and to modify eertain other provisions of the Marina
Lease, as previously amended.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, as follows:
1. The Fourth Amendment is hereby approved and the Mayor and the City Clerk are hereby
authorized to execute it in substantially the form attached hereto.
2. This Resolution shall take effect immediately upon its adoption.
PASSED and ADOPTED this 15th day of April , 1998.
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MA YOR
ATTEST:
~r~~
CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
1f:~~ ~
F:IA TTOILEVL IRESO&ORDIMARINA98. RES
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
COMMISSION MEMORANDUM NO. ~ I
TO: Mayor Neisen O. Kasdin and DATE: April 15, 1998
Members of the City Commission
FROM: Sergio Rodriguez ,,~ p
City Manager , u~lN
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE A FOURTH AMENDMENT TO THE MARINA
LEASE AGREEMENT WITH REGARD TO THE NIIAMI BEACH MARINA;
AND PROVIDING AN EFFECTIVE DATE.
RECOMMENDATION:
If the Portofino Settlement Agreement is approved, the Mayor and Commission should adopt the
Resolution.
BACKGROUND•
The City of Miami Beach and the Miami Beach Redevelopment Agency entered into a lease
agreement with Carner-Mason, Ltd. on June 24, 1983. The Agreement has been amended three
times on the following dates: October 23, 1991, July 18, 1994, and May 27, 1997.
The Portofino Settlement Agreement contains terms and provisions that will impact upon the
operation of the Marina and will change the location of parking for the Marina.
ANALYSIS:
The purpose of the Fourth Amendment to the Marina Lease is to induce the Marina Lessee to
consent and join in with the Settlement Agreement and to change the location of the parking for the
Marina:
The Fourth Amendment primarily provides for the Marina Lessee to operate the parking which
would be built under each of the proposed new Portofino buildings and the existing surface lot on
the core parcel. The Marina Lessee would be responsible for all operating expenses during the
remaining term of the Marina Lease. Preliminary estimates from the Parking Department indicate
AGENDA ITEM
DATE "t'! ~~
that the costs would exceed $300,000 per year for the remainder of the Marina Lease (approximately
54 years). The City/RDA, in exchange, would forego a $120,000 component of its rental revenue
for up to a 12-year period, based on disruption of the business during construction of the new
buildings, and will pay only for electricity to light the garages, and for minor items such as insurance
on the garage portion of each structure that is dedicated to parking for the Marina. The Marina
Lessee will pay all of the on-going costs of maintaining and operating the garages and providing
security (three shifts, seven days a week) for the garages.
The City would also gain, under this Amendment, the ability to share in 35% of future parking
revenues, in the event that the Marina Lessee charges for parking. .
CONCLUSION:
The City Commission/Redevelopment Agency Board should authorize the Fourth Amendment.
SR:HSM:jph
Attachments
T: W GENDA\APR 1598\RDA\MA RINA.CM
FOURTH AMENDMENT TO MARINA LEASE AGREEMENT
This Fourth Amendment to Marina Lease Agreement ("Fourth Amendment") is made as of
IIpR.li.J J~ , 1998 between the City of Miami Beaeh, a Florida municipal corporation (the "City")
and Miami Beach Marina Associates, Ltd., a Florida limited partnership (the "Marina Lessee").
Recitals
A. The City entered into the Lease Agreement with Carner-Mason Associates, Ltd.,
("Carner-Mason") on June 24, 1983 (the "Lease").
B. Pursuant to a judgment of foreclosure, Tallahassee Building Corporation, a Delaware
corporation ("Tallahassee"), acquired the interest of Carner-Mason in the Lease on or about October
17,1989.
C. The City and Tallahassee entered into that certain First Amendment to Marina Lease
Agreement dated October 23, 1991 (the "First Amendment"), the Second Amendment to Marina
Lease Agreement dated August 11, 1994 (the "Second Amendment"), and the Third Amendment to
Marina Lease Agreement dated May 27, 1997 (the "Third Amendment") (collectively, the Lease as
amended by the First Amendment, the Second Amendment and the Third Amendment is hereafter
referred to as the "Marina Lease").
D. Tallahassee has assigned all of its right, title and interest in Marina Lease to Miami
Beach Marina Associates, Ltd., a Florida limited partnership ("Marina Associates"). SoBe Marina,
Inc., a Florida eorporation, whose President and sole shareholder is Robert W. Christoph, is the sole
general partner of Marina Associates.
E. The City consented to the aforesaid assignment of the Marina Lease to Marina
Associates, pursuant to Resolution No. 97-22398, adopted on May 21,1997.
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F. The City and the Marina Lessee have agreed to make further amendments to the
Marina Lease as provided by this Fourth Amendment, in order to, among other things, conform the
provisions of the Marina Lease, with regard to parking for the Marina, to that certain settlement
agreement, dated as of April 15
, 1998 (the "Settlement Agreement"), by and among the
City, the Miami Beach Redevelopment Ageney (the "Agency") and West Side Partners, Ltd. ("West
Side"), with regard to certain litigation affecting eertain parcels of land covered by the Marina Lease.
A copy of the executed Settlement Agreement is attached hereto as Exhibit 1 and is incorporated
herein by this reference.
Terms
1. Recitals. The foregoing recitals are true and correet, and are hereby made a part of this
Agreement.
2. Defined Terms. Unless otherwise specifically defined in this Fourth Amendment, all
capitalized terms used in this Fourth Amendment shall have the respective meanings ascribed
to them in the First Amendment, the Second Amendment, the Third Amendment, or the
Lease, as applieable.
3. Amendments. The Lease, as amended by the First, Second and Third Amendments is
hereby further amended as follows:
3.1 Parking and Easements. Notwithstanding anything to the contrary contained in the
Marina Lease, as amended by the First, Second and Third Amendments, the parking
for the Marina shall be provided as follows:
3.1.1 Pursuant to the provisions of Paragraphs 4.2.1.3 and 4.2.1.4 of the Settlement
Agreement, the City will receive a license to park and a license to use
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existing faeilities on the SSDI North pareel (Area 4 as shown on the site map
attached to the Lease, and hereinafter referred to as "SSDI North"), as well
as on certain other parcels owned by West Side, and certain entities related
to West Side. Pursuant to said licenses, the City has a right to park vehicles
on, and to use the existing facilities located on, SSDI North until such time
as said right is terminated in accordanee with the Settlement Agreement, and
the right, temporarily, and from time to time, to park vehicles on the Alaska
Parcel, the Hinson Parcel, the Goodman Terrace parcel and the lots in Blocks
51 and 52 ofthe Plat of Ocean Beach Third Edition, as recorded in Plat Book
2, Page 81 of the Public Records of Dade County, Florida (all as shown on
the map attached hereto as Exhibit 2, and hereinafter referred to as the
"Temporary Parking Parcels"). The Marina Lessee is hereby granted
licenses, coterminous with the licenses granted to the City pursuant to the
Settlement Agreement, to park vehicles on SSDI North and on the Temporary
Parking Parcels and to use the existing structures on SSDI North for Marina-
related purposes. The aforesaid licenses shall be substantially in the form of
the licenses granted to the City (which are attached hereto as Exhibit 3), and
shall include the right, to the extent the City has a right thereto pursuant to
the Settlement Agreement, to use and occupy existing struetures, including
the "Junior's Building," as well as bathroom and laundry faeilities, located on
SSDI North. Except during periods of environmental remediation or
construction on SSDI North, such parking shall be located on SSDI North,
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provided, however, subject to receiving the prior written notice and sufficient
parking to replace any parking displaced, as required pursuant to the
Settlement Agreement, such parking may be temporarily transferred to the
Temporary Parking Parcels in order to aceommodate environmental
remediation and/or construetion on SSDI North. In such case, the Marina
Lessee shall provide to the City within ten (l 0) days of receipt of each written
notice from West Side of West Side's date of commencement of construction
or date of commencement of environmental remediation, an accounting as to
the current cost and expense of valet parking incurred in connection with the
eore building on the Core Parcel, and the City shall pay any increase in the
amount of the operational cost and expense of valet parking resulting from
the necessity to park on the Temporary Parking Parcels up to the amount of
Seventy- Two Thousand Dollars ($72,000) per year, as adjusted by the CPI
Increase (as defined in Section 3.4 hereof), during the period of such
construction or environmental remediation on SSDI North.
3.1.2 Paragraph 4.2.2.1 of the Settlement Agreement provides that the City shall
enter into a new parking agreement with West Side, to replace the existing
1986 Parking Agreement. The City and the Marina Lessee hereby agree that
the Marina Lease is hereby amended as follows to conform to the provisions
of the Settlement Agreement:
3.1.2.1 SSDI North. With respeet to the future build-out of SSDI North, the
City shall purchase from West Side three hundred seventy (370)
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4
parking spaces on all of SSDI North, provided, however, that the
number of parking spaces may be reduced based upon the needs of
the Marina Lessee for bathroom and laundry facilities (to be similar
in size and scope to those provided on the northerly portion of SSDI
South in the building commonly referred to as the "Yacht Club"), and
office and/or retail facilities (similar to those existing as ofthe date
hereof in the Junior's Building, but in any event not to exeeed seven
thousand five hundred (7,500) square feet of floor area, and not to
contain any food or beverage sales or service), in said parking
garages. Said parking spaces shall be located on the ground floor of
the building in which each garage is to be located, provided, however,
that the City and the Marina Lessee hereby acknowledge and agree
that (i) it may be necessary for West Side to construct some of said
parking spaees for use by the Marina Lessee on the second floor of
the parking garage, and (ii) in addition to the parking spaees on the
ground level to be constructed for the use of the Marina Lessee, West
Side may also construct on the ground level appropriate "porte
cochere" or other entrances and short-term parking for its buildings,
together with loading docks, trash removal facilities and other serviee
facilities, as deemed appropriate by West Side, subject to the
provisions and restrictions set forth in Paragraph 4.2.2.1.1.1 of the
Settlement Agreement. Notwithstanding anything to the contrary
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contained in this Section 3.1.2.1, in the event that West Side is
successful in designing the parking garages on SSDI North to allow
for more than three hundred seventy (370) parking spaces, then the
number of parking spaees to be located on the southerly portion of
SSDI South as otherwise provided below shall be reduced by the
number of spaces so provided in excess of three hundred seventy
(370) on SSDI North. As provided in Section 3.1.2.2, below, in the
event that the parking spaces in the southerly portion of SSDI South
are reduced due to the positioning of the tower on the parking
pedestal, as provided in the 1998 Concept Plan (as defined in the
Settlement Agreement), and said parking spaees are not otherwise
made up through the construction of additional standard parking
spaees on SSDI North, then the Marina Lessee agrees that not more
than fifty-five (55) parking spaces may be made up through the use
of tandem parking by valet on SSDI North in the space allocated for
a minimum of three hundred seventy (370) parking spaces in the
parking garages to be eonstructed on SSDI North.
3.1.2.2 SSDI South. With respect to the future build-out of the southerly
portion of SSDI South, approximately one hundred fifteen (115)
parking spaces shall be provided in the building to be constructed
thereon, provided, however, that the number of parking spaces therein
may be reduced in connection with the following events: (i) in the
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event that more than three hundred seventy (370) parking spaces are
provided on SSDI North, then the parking spaces to be provided on
SSDI South shall be reduced by one parking space for each parking
space provided on SSDI North in excess of three hundred seventy
(370) parking spaces, and (ii) in the event that the 1998 Concept Plan
results in a reduction in the actual number of parking spaces which
West Side ean reasonably develop for the City for use by the Marina
Lessee on the ground level of such building's parking garage in which
event West Side shall be permitted to reduce the number of parking
spaces otherwise required on the southerly portion of SSDI South to
be provided to the City for use by the Marina Lessee; and provided
further that in no event shall there be less than sixty (60) parking
spaces on the southerly portion of SSDI South. The City and the
Marina Lessee acknowledge and agree that in addition to the parking
spaces on the ground level of the building to be constructed by West
Side, West Side may also construct on the ground level appropriate
"porte cochere" or other entrances and short-term parking for the
subject building, together with loading docks, trash removal facilities
and other service facilities as deemed appropriate by West Side.
3.1.3 The City hereby acknowledges its obligation to provide the Marina Lessee
with not less than seven hundred fifteen (715) parking spaces reserved for
users of the Marina facilities at all times, which may include not more than
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55 tandem valet parking spaces on SSDI North. The City and the Marina
Lessee hereby acknowledge that the aggregate of four hundred eighty-five
(485) parking spaces to be provided by West Side, together with the one
hundred fifteen (115) parking spaces in the Yacht Club and the one hundred
fifteen (115) surface parking spaces on the Core Parcel will satisfy sueh
requirement.
3.1.4 As more partieularly described in the Settlement Agreement, the City has
been granted a 150 foot easement upon Lots 30, 31 and 32, Block 111
"Ocean Beach Addition No.3," as recorded in Plat Book 2, at Page 81, of the
Public Records of Dade County (the "150 Foot Easement Area"), and has
also been granted a non-exclusive easement for a baywalk along the westerly
twenty-five feet of the platted lots comprising SSDI North and SSDI South
(the "Baywalk Easement"), and a non-exclusive forty (40) foot wide access
easement on the southerly portion of SSDI South, in addition to drop-off
parking and access for the Marina. For so long as the City or the Agency is
entitled to such easements or has title to such easement areas, the Marina
Lessee shall have a non-exclusive right to the use of such easements, co-
terminus, and on the same terms and conditions, with the City's right thereto
and subject to the following terms and conditions: (i) the Marina Lessee
shall: maintain the underground fuel tanks located on the ISO-Foot Easement
Area in accordance with all federal, state and local laws and regulations
governing same, and shall indemnify, defend and hold West Side, the City
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and the Ageney, and their successors and assigns in title, harmless regarding
any environmental matters arising out of the construction, installation, use
and/or maintenance of said underground fuel tanks including, without
limitation, any and all claims of third parties, claims and/or orders of
governmental entities with jurisdiction, on-site or off-site remedial actions,
damages, liabilities, cost of compliance with any court or administrative
orders or injunctions, any and all eosts or damages of any kind as a result of
the failure or inability of said fuel tanks to be in operation either temporarily
or permanently, any costs of relocation that may be required and all other
eosts and expenses arising in relation to any of the foregoing, including,
without limitation, attorney's fees and court costs at trial and all appellate
levels, and notwithstanding the foregoing, nothing contained herein shall be
construed or operate to require the Marina Lessee to indemnity any Porto fino
Entity and/or their officers, directors, employees, consultant, agents or
invitees, as well as their successors and assigns in title to SSDI North and
SSDI South and/or their officers, directors, employees, consultants, agents or
invitees, hereinafter collectively referred to as "PESA" for loss or damage to
the extent occasioned by any act or omission of PESA or any member of
PESA, or for any loss or damage occasioned solely from any act or omission
of PESA, and (ii) promptly replace, remove and relocate the existing
underground tanks if such replacement, removal and/or relocation is a
requirement by any applicable governmental entity with jurisdiction or by
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any applicable law, rule or regulation of the obtaining of a building permit or
certificate of occupancy with respect to any future construction by West Side
on the balance of the SSDI North (i.e.,if there is any requirement that the
projeet to be constructed on the southerly portion of SSDI North eannot be
built to the northerly boundary line of the 150-Foot Easement Area, then it
shall be the responsibility of the Marina Lessee to relocate and/or remove the
existing underground tanks as necessary to allow such eonstruction to be
legal, valid and promptly commenced), and (iii) the City shall to the fullest
extent allowed by law, indemnify, defend and hold West Side and its
successors and assignees in title harmless regarding any environmental
matters arising out of the construction, installation, use and/or maintenance
of said underground fuel tanks including, without limitation, any and all
claims of third parties, claims and/or orders of governmental entities with
jurisdietion, on-site or off-site remedial aetion, damages, liabilities, costs of
compliance with any court or administrative orders or injunctions, any costs
of relocation that may be required and all other costs and expenses arising in
relation to any of the foregoing (including, without limitation, attorney's fees
and court costs at trial and all appellate levels), and to the extent the City has
standing, to fully and promptly enforce against the Marina Lessee the Marina
Lessee's indemnity and hold harmless in favor of the City and the Agency,
as well as other obligations set forth above, and, in the event that the Marina
Lease expires, or is canceled or terminated, and a new lease of the Marina is
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not immediately entered into, then, for the period of time that there is no
Marina Lease or a new lease of the Marina, the City and/or the
Redevelopment Agency shall (1 ) maintain the underground fuel tanks located
on the ISO-Foot Easement Area in accordance with all federal, state and local
laws and regulations governing same, and (2) promptly replace, remove and
relocate the existing underground tanks if such replacement, removal and/or
reloeation is a requirement by any applieable governmental entity with
jurisdiction or by any applicable law, rule or regulation to the obtaining of a
building permit or certificate of occupancy with respect to any future
construction by West Side on the balance ofthe SSDI North (i.e., ifthere is
any requirement that the Project to be eonstructed on the southerly portion of
SSDI North cannot be built down to the northerly boundary line of the 150-
Foot Easement Area, then, for said period of time, it shall be the
responsibility of the City to relocate and/or remove the existing underground
tanks as necessary to allow such construction to be legal, valid and promptly
commenced).
3.1.5 In the event that the Development Approvals or the Final Approvals (as such
terms are defined in the Settlement Agreement), are not granted by the City,
and West Side exercises its right to terminate the Settlement Agreement, the
provisions of Sections 3.1.1, 3.1.2, 3.1.3 and 3.1.4, of this Fourth
Amendment shall be null and void and the City shall (i) notify the Marina
Lessee immediately of the termination of the Settlement Agreement, (ii) enter
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into a lease with West Side for the use and occupancy of SSDI North for
parking for a period of not less than eighteen (18) months, and (iii)
implement the Area 1 Garage Alternative described in Section 3.4.1 of the
Second Amendment, as amended by Section 3.2 of the Third Amendment.
In the event that the Area 1 Garage Alternative cannot be implemented within
such eighteen (18) month period, the City shall either (a) extend its lease of
SSDI North, or (b) provide other temporary parking pursuant to Seetion 4.3
of the Third Amendment.
3.2 Construction Disruption Provisions. Section 3.5.1 of the Second Amendment is
hereby amended by deleting the second and third sentences thereof and adding the
following new paragraphs at the end of the first paragraph of said Section 3.5.1:
At anytime, and from time to time, that the operations of Marina are disrupted
by construction, environmental remediation, baywalk or seawall reeonstruction and
other similar disruptive activities for a period of not less than thirty (30) days (a
"Disruption Event"), the Marina Lessee shall give written notice to the City of its
disruption (the "Disruption Notice") and thereafter from the date of the Disruption
Notice until the earlier of four (4) years after the Disruption Notice; twelve (12)
months after the completion of the project and delivery of the parking and/or
facilities, as the case may be, for use by the Marina; or receipt of a notice of the end
of disruption from the Marina Lessee which shall not be for less than a one-month
period, up to a maximum cumulative total of twelve (12) years for all Disruption
Events, the Minimum Annual Guaranteed Rent to be paid to the City by the Marina
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Lessee pursuant to Article II, Paragraph 2(A) of the Marina Lease, as amended, shall
be $120,000 per year or $10,000 per month or sueh larger monthly payment as may
be necessary to pay the rent due pursuant to the Sovereignty Submerged Lease for
Area 2 if said rent is increased as a result of actions instituted by or on behalf of the
Lessee. In addition, during such period of time the provisions of Article II,
Paragraph 2(B) of the Marina Lease, as amended, shall be modified as follows: in
addition to the redueed Minimum Annual Guaranteed Rent described above, Lessee
shall pay Annual Pereentage Rent equal to: (a) two cents ($0.02) per gallon from the
sale of gasoline and diesel fuel in such Lease Year or portion thereof; and (b) eight
percent (8%) of Gross Receipts above the Two Million Five Hundred and Twenty
Thousand Dollars ($2,520,000); plus the CPI Increase (described below) generated
from Area 2 (the Submerged Lands), and eight pereent (8%) ofthe Gross Receipts
above One Million Five Hundred Thousand Dollars ($1,500,000), plus the CPI
Increase (described below), generated form Areas 1,3 and 4 (the Uplands).
The "CPI Increase" shall be determined as follows: The base for computing
the adjustment shall be the most reeent applicable base year Consumer Price Index
("CPI"), for the greater Dade County area as published by the United States
Department of Labor which is published by the United States Department of Labor
which is published for the month nearest to January 1, 1998 (the "Beginning CPI").
If the CPI published for the nearest to January 1 of the applicable year (the
"Extension CPI") has increased over the Beginning CPI, then the dollar amount for
that year shall be increased by a fraction, the numerator of which is the Extension
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CPI and the denominator of which is the Beginning CPI. In the event the CPI is
changed so that the base year differs from that contemplated herein, the CPI shall be
converted in accordance with the Conversion Factor published by the United States
Department of Labor. If the CPI is discontinued or substantially revised, another
mutually acceptable government index or computation of the index with which the
CPI is replaced shall be used in order to obtain essentially the same result as would
have been obtained if the CPI had not been discontinued or revised.
3.3 Design Construction of Future Parking Garages for the Marina. The design and
speeifications for eaeh of the new garages, bathroom, laundry, maintenance, retail/office and
other facilities to serve the Marina, the baywalk and the pedestrian accessways including the
baywalk, shall be subject to review and approval by the Marina in accordanee with the
procedures previously established for review and approval of the plans for the Yacht Club
as set forth in the 1995 Parking Agreement. In addition, the City agrees to cooperate and
assist, to the extent legally permissible, in the creation and approval of reasonable signage
identifying and providing direction to the Miami Beach Marina and its major tenants along
the Causeway, Alton Road and within the project.
3.4 Marina Operation of the Garages. Prior to the termination of the Marina Lease as to SSDI
North or the delivery of the parking spaces for the Marina that are located in the building
known as the "Yacht Club", whichever comes first, the City and Marina Operator agree to
enter into a garage management or operating agreement which shall be coterminous with the
Marina Lease and any extensions thereto for the Marina Lessee to operate all of the City-
owned or leased parking for the City, whether surface or in garages, needed to serve Marina.
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Said management or operating agreement shall provide that the Marina Lessee will be
responsible for all routine maintenance, seeurity, water, telephone, maintenance of any
revenue and/or seeurity eontrol equipment and systems, and liability insurance for the
operation of the Marina parking. The Marina Lessee will also agree to operate the garage
facilities and the interim ground level parking in accordance with the first-class standards
established for the Marina itself. In addition, the Marina Lessee will agree to be responsible
for maintenance and upkeep of the adjoining baywalk and baywalk landscaping along with
appropriate insurance and indemnification for those facilities. In return, except as provided
below, there will be no fees or rent due for the said parking and other facilities of the City,
and the Marina Lessee will operate the Marina garages for the City in accordance with
polieies to be established by the Marina Lessee in its reasonable discretion to insure the first-
class continuing success of the Marina. The City's responsibilities with regard to the parking
shall be the initial eapital cost, the electric utility costs of the garage spaees, real estate taxes,
including speeial assessment or other similar charges (if any), and any "pass through" fees
or costs or insurance imposed by the West Side entities or their successors.
At such time as the Marina Lessee as the operator of the parking decides, in its sole
discretion, to charge fees for parking in the Marina parking facilities, the City shall receive
35% of the gross parking fee revenues generated by the Marina parking facilities.
4. Effective Date. The obligations of either party which are required by the terms of this
Fourth Amendment to be performed shall become effective only upon the execution of this
Fourth Amendment by the Marina Lessee and the City. The effective date of this Fourth
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April 7, 1991t(l2:2Sl'm)
15
Amendment shall be the date when the last one of the City or the Marina Lessee has signed
this Amendment, as stated on the signature page.
5. Status of Marina Lease, as Amended. The City and the Marina Lessee acknowledge and
agree that the Marina Lease is current and in full force and effect and good standing and that
there are no outstanding defaults by Lessee or City under same and that to the extent sueh
defaults exist, they are hereby waived.
6. Effect of Amendment; Conflict. Exeept as modified by this Fourth Amendment, the
provisions of the Lease, the First Amendment, the Second Amendment and the Third
Amendment shall remain in full force and effect. In the event of any conflict or
inconsistency between the terms and provisions of this Fourth Amendment and the Lease,
the First Amendment, the Second Amendment or the Third Amendment, this Fourth
Amendment shall prevail.
7. Further Actions. The City and the Marina Lessee agree to cooperate with each other and
to timely take all sueh further actions and to execute all such doeuments as may be
reasonably required to implement and effectuate the provisions of this Fourth Amendment
and the Marina Lease, as modified, including, but not limited to, preparation of an
appropriate memorandum of lease amendment in recordable form.
F:\ATIOILEVL\MARINA\4AMEN02_AGR
April 7, 19911(l2:2~Jlm)
16
IN WITNESS WHEREOF, the parties have executed this Fourth Amendment as of the date
set forth in the first paragraph of the Fourth Amendment.
Signed, sealed, and delivered
in the presence of:
City of Miami Beach, a Florida
municipal corporation
~ iJ...,:,v!kp-ue1u-rr{'
ame: [, /J,f/AJ 8 (!aLXh~n\1J
,
cti;;./l/Q . ( Ih ~u ~ k;ro
N e: L-, /I,qN ~t' QVl'~QHf
By:
Nei~din' Mayor
Attest: ~ 1- ~aA~
Robert Parcher, City Clerk
STATE OF FLORIDA )
)ss
COUNTY OF DADE )
The foregoing instrwnent was acknowledged before me this "If chy of ~ '
1998 by Neisen O. Kasdin, Mayor, City of Miami Beach, Florida and attested to by obert Parcher,
City Clerk, City of Miami Beach, Florida. He is personally known to me or has produced
as identification.
------".-"-~~.1l
,,';:,A;:~k~,,-- - LiSAft-MARTINEZ----1
~~f' . "'~;~ MY COMMISSION 1/ CC 439417 I
~:t'F .ir/ EXPIRES: February 16. 1999 J
'<""''''. Y Ao_oded lhru Notary ~ubliC_ U~derwriters
~- It /1~id-
Name: ! i ~ 11- I!. /I,.(,1rr-T /r../f:"' 2-
Commission No. t7~ '/3;; 'II 7
Notary Public, State of Florida
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
~1!~
'//JAp
Date
t":\A Tro\LEVLIMARINA\4AME:-ID2.AGR
April7,I99H(\2:25pm)
17
Miami Beach Marina Associates, Ltd.
a Florida limited partnership
By: SoBe marine, Ine., a Florida
corporation, general partner
.(; v~ L.
STATE OF FLORIDA )
) ss
COUNTY OF DADE )
The foregoing instrument was acknowledged before me this iJL day of ~
1998 by Robert W. Christoph, President of SoBe Marine, Inc., a Florida corporation, general partner
of Miami Beach Marina Associates, Ltd., a Florida limited partnership. He is personally known to
me or has produced as identification. '
:'$Ji'X'f~,;;_ Rhoda Rubin
f.(Ji.\*~ MY COMMISSION # CC717195 EXPIRES
,~;..~.~~ February 17, 2002
.'f'.9f:oi~*" BONDED THRU TROY FAIN INSURANC~ INC
Name: tv A-
Commission No.: (
Notary Public, State of Florida
~':\A T11J\LEVLlMARINA\4AMF.NI>2_AGR
Al'rit7,19911(12:nl'm)
18
LIMITED JOINDER OF MIAMI BEACH REDEVELOPMENT AGENCY
The Miami Beach Redevelopment Agency (the "Agency") hereby approves and agrees to be
bound by the Marina Lease as amended insofar as the Agency, as a separate and distinct entity, is
affected or obligated by the terms of the Marina Lease as amended, but only to the extent that the
Agency owns any portions of the Marina Site, has regulatory eontrol of the Marina Site (pursuant
to the provisions of the Community Redevelopment Act and/or eertain licenses and permits which
may be held by the Agency for the construction, development and operation of the Marina), or has
authority to issue tax increment bonds.
Signed, sealed and delivered
in the presence of:
Miami Beach Redevelopment Agency
1lIjy{
By:
4lU~JU~
'la "II rJ leA (j l- ~ q fYl f'
~~
')A Lv
. ,'/lioN ea utlt41A
Neisen O. Kasdin, Chairman
Attest: -(2<b ~ f ruJJJA
Robert Parcher, Secretary
STATE OF FLORIDA )
)ss
COUNTY OF MIAMI-DADE)
The foregoing instrument was acknowledged before me this f tf day of ~ 1998, by
by Neisen O. Kasdin, Chairman, Miami Beaeh Redevelopment Agency, an~~ted to by
/U; 6&lLf P fJ-ftC /ffrrL, of Miami Beach, Florida. He is personally known to me or has
produced as identification. -
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
(c. / ;/h1 I~
N e: L- f 511 ..I-;j1/Lr/ e 2-
Commission No. {/(! '13 c; y I 7
Notary Public, State of Florida
1!Iit!ft~
Redevelopment Agency
Gf,n"'I'f'!I""t'\,or',"'!
~~iK
. --'. . --, - --I
I...~~~";"'" - -- LlSA-R- MARTINET~---I
{:r',;tt(f::~ MY COMMISSION # CC 439411 I
;1~-~~?;l.' EXPIRES: February 16.1999 .
""8r,,\;~'" Bonded Thru Notary Public Ur.den,vrit"ffi I,
~-"-~-;';;;-";;;';..~7.;;".~.,;;:'~,:. .J;-";:""~";'--r- ---~- .- ..:.:~
F:\ATI'OILEVLlMARINA\4AMEND2.AGR
ApriI7,1998(Hllpm)
19