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Home My WebLink About98-22822 RESO RESOLUTION NO. 98-22822 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA APPROVING A SECOND AMENDMENT TO SETTLEMENT AGREEMENT BETWEEN WEST SIDE PARTNERS, LTD. AND THE CITY OF MIAMI BEACH, ET AL. AND AUTHORIZING THE EXECUTION OF ANY NECESSARY DOCUMENTS. WHEREAS, West Side Partners, Ltd. has heretofore asserted claims against the City of Miami Beach ("City") and the Miami Beach Redevelopment Agency ("RDA") in an Emergency Motion styled, West Side Partners. Ltd.. a Florida Limited Partnership. Plaintiff vs. City of Miami Beach. Florida. a Florida municipal corooration and the Miami Beach Redevelopment Agency. a Florida municipal agency organized existing pursuant to the Community Development Act of 1969. Defendants, Case No. 82-24526-CA 30 in the Circuit Court of the Eleventh Judicial Circuit in and for Dade County, Florida (the "Emergency Motion"); and WHEREAS, the Mayor and City Commission have heretofore approved a Settlement Agreement with respect to the Emergency Motion, pursuant to Resolution No. 98-22718, adopted on April 15, 1998; and WHEREAS, the Mayor and City Commission have heretofore approved an Amendment to Settlement Agreement, pursuant to Resolution No. 98-22751, adopted on May 20, 1998; and WHEREAS, the parties have agreed that a Second Amendment to Settlement Agreement, in the form and substance attached hereto as Exhibit "A," is necessary and desirable. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, as follows: Section 1: That the City Commission approves the Second Amendment to Settlement Agreement attached hereto as Exhibit "A". Section 2: That the City Commission hereby authorizes the Mayor, City Clerk and other necessary City personnel to execute the Second Amendment to Settlement Agreement, and such other instruments as may be necessary to carry out the intent of this Resolution. PASSED and ADOPTED this 13th day of July , 1998. " ATTEST: ~dr~ CITY CLERK MAYOR APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION F. \A TTOILEVl \R E SO&OR DlSE TILE3. R ES /!/f ~ /!~ City Attomey SECOND AMENDMENT TO SETTLEMENT AGREEMENT WHEREAS, that certain Settlement Agreement by and among the City of Miami Beach, Florida, a Florida municipal corporation (the "City"), 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 "Redevelopment Agency"), and West Side Partners, Ltd., a Florida limited partnership ("West Side"), was approved by the City on April 15, 1998 and amended pursuant to that certain Amendment to Settlement Agreement approved by the City on the ~ rj~ay oil1~r ' 1998 (collectively, the" Settlement Agreement"); U WHEREAS, the City, the Redevelopment Agency and West Side wish to amend the Settlement Agreement pursuant to the terms and conditions of this Second Amendment to Settlement Agreement (the "Amendment"). NOW, THEREFORE, in consideration of the mutual covenants contained in the Settlement Agreement and in this Amendment, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby agree to amend Paragraph 2.1.3 to read as follows: 2.1.3 In the event that all of the Development Approvals, for any reason, have not been obtained on or before September 30, 1998 and/or the Final Approvals have not been obtained by December 31, 1998 or, in the event that any of the required Development Approvals have been denied by the City or the Redevelopment Agency, then the City, at the City's option, after the occurrence of any of said events, but not prior to June 1, 1999, or West Side, at West Side's option, at any time after the occurrence of any of said events, may elect to terminate this Agreement by ~.. written notice oftermina.tion to the other pany, whereupon all of the provisions and obligations of the parties under this Agreement shall fully terminate and be null and void except for the approval of the ZoDing Map Amendment as it relates to the fonner Park Parcel and the approval of the Comprehensive Plan Amendments, as described in subparagraphs (i) and (ill) above, which shall survive the termination of this Agreement, and that all other Development Approvals which have been a.dopted shall be treated by the City, the Redevelopment Agency and West Side as revoked and of no further force and effect. West Side, the City and the Redevelopment Agency agree to promptly execute and deliver to each other such other documentation as may be required to confum the foregoing, and the parties shall otherwise be restored to the condition that existed prior to the date of execution of this Agreement, without prejudice to West Side or any other Portofino Entity to apply to the City and/or the Redevelopment Agency for reconsideration of any of the Development Approvals which were denied, or which were terminated in connection with the termination of this Agreement, upon proper written notice, as if this Agreement never existed, with the further understanding that the applications for Development Approvals shall not be terminated in connection with the termination of this Agreement, and shall be treated in the same fashion as if this Agreement never existed. The provisions of this Paragraph 2.1.3 shall swvive the termination of this Agreement. ~~ EXECUTED os of the ~ day of .. _ 2 , 1998~ in several counterparts, each of which shall be deemed an original, but all constituting only one agreement.. Signed, sealed and delivered in the presence of: CITY OF MIAMI BEACH. FLORIDA, a municipal cor tion ' I . (..l ' . ',...S' !Jj By: ~-) , ) , i.,.: t (:,~ <- 17,- ,r Name: .~.) It.. ,,~c (~,:')/j./-} n1 .~- THE MIAMI BEACH REDEVELOPMENT AGENCY, a public agency organized and existing pursuant to the Community Redevelopment A t of 1969, as amended, Chapter 163, P. II Florida Statutes \L" ( '- /:1' (( l/" ' By: Name: Title: Chairman , (' l n J j. ~ E 'X;'(','" _ , c .~ '~: f, " Attest: rJ at~'C)'J" Name: ~06btt\ P Atz4f1];.:t'L . Title: 1111 C!.Ll::-tl.K.... <", , Name:/ "I ['/.:' C ;ft Pi / IJi~J APPROVED AS TO FORM &. LANGUAGE & FOR EXECUTION APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION ~~/ /oah Dote /2//b/fJ? Dot." 3 " WEST SIDE PARTNERS, LTD., a Florida limited partnership By: WEST SIDE PARTNERS, INC., a Florida corpor~ Gene~Partner __---- ~~ - // / ~/ /' ~:~e: I~ ///9/ Title: Tr 1< f{N 1"/1 tiA f iZ. t:5/ d e;N r 4 JOINDER The undersigned MIAMI BEACH MARlNA ASSOCIATES, LTD., a Florida limited partI1~rship, as the arina Lessee, hereby joins in and consents to the foregoing Amendment this jWay of _ . 1998. WITNESS: itLft-l>> ? ,~ Name: ~a J. Rubin d ~4~7/ Name: Carter N. cDowell MIAMI BEACH MARINA ASSOCIATES, LTD, a Florida limited partnership By: SoBe Marine, Inc., a Florida corporation, general partner By: JOINDER The undersigned, as th~wner of t e foregoing Amendment this J3..!: day of . ( aska Parcel, hereby joins in and consents to the 1998. EAST COASTLINE DEVELOPMENT, LTD., a Florida limited partnership Florida JOINDER The undersigned, as the,pwner oft inson Parcel, hereby joins in and consents to the foregoing Amendment this ~day of iJ.; 1998. )U-{ I\J~ AZURE COAST DEVELOPMENT, LTD., a Florida limited partnership By: AZURE~, INe. Flqida corporation, /' - General Partrl. r //~~, ~------' 7) ,,/ :/"~~ ! \.. r;:;"'- ;;:c/ By: ~ t (( e!: rei. C:-7v y JOINDER The undersigned, as the owner and/or lessee of the those certain lots located in BlocJu51 and Bl:I\~~ ~he "L~ts")' hereby joins in and consents to the foregoing Amendment this Rft-aay of '0LL / 1998. . Sandpoint Financial Ltd., a Florida limited partnership ., CL-- By: SandP<iintFi~na.~.5..... rporaiton, a Floricl,,- corporatio , aen~'l c!:/ _---- /~i{~~:~--. y By: J;;::;/?>?/;:::;~--~/ l/Gp51deJv! JOINDER The undersigned HELLER FINANCIAL, INC., a ~1J-R.j (t Lu(t ( .;:. ' corporation, as the holder of the leasehold mortgage encumbering the Marina Lease, and recorded in Official Records Book 17673, Page 2862 of the Public Records of Dade County, Florida hereby joins in and consents to the foregoing Amendment this Il:t.- day of u( to bey'" , 1998. HELLER FINANCIAL, INC., a -D.e. IClkLh( corporation By: Name: Title: Name: MIA9801/70912-1