HomeMy WebLinkAboutR-90-0211t
RFSOLUTION ADO_ v --oz, .1
A RESOI_,UTIOty, WITH ATTACHMENT, ESTABLISHING
AND REITISING TERMS, CONDITIONS AND
OBLIGATIONS RELATING 'I'O IMPROVE'MENTS FOR
CITY -OWNED MIAMARINA, LOCATED AT 401 BISCAYNE
BOULEVARD, MIAMI, FLORIDA, AND OCCUPANCY OF A
PORTION OF THAT FACILITY BY INDIVIDUAL
MEMBERS OF THE PIER 5 BOATMEN'S ASSOCIATION,
INC.; AUTHORIZING THE CITY MANAGER TO EXECUTE
THE SECOND AMENDMENT TO THE SETTLEMENT
AGREEMENT DATED OCTOBER- 12, 1985, IN
SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE
CITY OF MIAMI, THE PIER 5 BOATMEN'S
ASSOCIATION, INC., INDIVIDUAL MEMBERS
THEREOF, AND THE BAYSIDE LIMITED PARTNERSHIP
AND ROUSE-MIAMI, INC.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The terms, conditions and obligations set forth
in the attachment to this Resolution relating to improvements for.
the City -owned Miamar. ina, located at 401 Biscayne Boulevard,
Miami., Florida, and the occupancy of a portion of that facility
by individual members of the Pier. 5 Boatmen's Association, Inc.,
are hereby established and adopted by reference thereto and
incorporated herein as if fully set forth in this Section.
Section 2. The City Manager is hereby authorized to execute
the Second Amendment to the Settlement Agreement dated October.
12, 1985,1/in substantially the attached form, between the City of
Miami, the Pier. 5 Boatmen's Association, Inc. and individual
members thereof, and the Bayside Center. Limited Partnership and
Rouse -Miami, Inc.
Section 3. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 8th day of arch J,g90,
SAR'XAVIER LMAYOR
AT1 ,.
MA?T'Y HIRAI, CI`T'Y CLERK
i/ The Herein authorization is further subject
to cou;pliance with all. requirements that uay
be imposed by the City Attorney, including but
not limited to those prescribed by applicable
City Charter and Code provisions.
IATTA I
MR,_4 Es r*
br �� GAn r
CITY coMMISSIO14
MEETING or
MA fi 8 1350
5 1 (EIUN re1U.J,0 11
P f I-,-, P A R 1-!,, 4ND AF�Pl: 1v F F), 3y,
t�JANDRO VILARELLO
CIS ASSISTANT l'-,ITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
A A 1,\.4 1
+J�RIGE L. 1� RNANDEZ
(_ T
C TY ATTO EY
- 2 -
90-0211
Ln
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SF;CCUND_At"Et DMF,t,1T TO 5T,,TTI,,EMr.',4T A(-;RFFMFNT
THIS SECOND AMENDMENT to the SETTLEMENT AGREEMr NT is inade
and execrated as of this day of , 1.990,
by and among THE VIER 5 BOATMENS ASSOCIATION, INC., a Florida
Corporation, MELVIN E. STRAHOSKY, STEVE KURLANDER, MICHAEL HENRY
SHAPIRO, ROBERT L. .STEPHENS, JR., PETER J. ANDERSON, FRANK L.
SMITH, JAMES P. THOMAS, ROGER LONCARIC, JAMES COURBIER, GARY W.
CONK, OSCAR B. BONNER, WILLIAM C. HARRISON, ALTON R. DILLARD,
ALLEN GEORGE JEPSON, DAVID WOLFE, CHARLES M. KLUCK, KENNETH A.
SPAULDING, MIGUEL FERNANDEZ, 0. E. CAREY, JOSEPH CRISCOULI, J. C.
DOBSON, THOMAS E. JENKINS, JOHN F. CALLAN, ROBERT B. PARKER, JOHN
J. WATERMAN, DANIEL C. KIPNIS, CHARLES E. SOFGE, STEVE SALEM, and
BRUCE PURDY (hereinafter referred to collectively and individually
as the BOATMEN), the CITY OF MIAMI (hereinafter referred to as the
CITY), Bayside Center Limited Partnership and Rouse --Miami, Inc.
(hereinafter collectively referred to as ROUSE), for good and
sufficient consideration, enter into the following agreement:
WITNESSETH:
WHEREAS, on March 21, 1985, the BOATMEN filed a lawsuit
against the CITY OF MIAMI, ROUSE and New World Marinas, Inc., to
enjoin the parties from removing the BOATMEN from Miamar.ina and to
compensate the BOATMEN for damages and such lawsuit was dismissed
with prejudice as a result of the Settlement Agreement;
WHEREAS, on October 12, 1985, the CITY OF MIAMI, Rouse
Company, New World Marinas, Inc. and the BOATMEN entered into a
Settlement Agreement which enumerated the respective
responsibilities of each of the parties, as well as the terms and
conditions for temporary relocation of the BOATMEN dockage
facilities which would facilitate the construction of the Bayside
Specialty Center;
WHEREAS, pursuant to the Settlement Agreement, the CITY OF
MIAMI. is obligated to construct a temporary dockage facility at
the FEC slip and the BOA`rMEN would be required to pay rates as
established by City ordinance for a period of five (5) years
Page 1 of 6 9 2
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f.?r:i lit y;
WHEREAS, the CITY and BOATMEN feel. that it is in ttleir best
respective interests for the BOATMEN to relocate from Watson
Island. to Miamarina in lieu of mooring and docking their vessels
at the temporary EEC slip to be constructed; and
WHEREAS, on June 20, 1988, the CITY, BOATMEN and ROUSE
entered into a First Amendment to the Settlement Agreement,
wherein paragraph 1.(2)(a) provided, in part:
The CITY shall, by no later than October 31,
1989, (subject to force majeure) provide the
BOATMEN with each and every amenity at
Mi ainarina
WHEREAS, pursuant to the First Amendment to Settlement
Agreement, the CITY is obligated to have the amenities at
Miamarina ready for use by the BOATMEN no later than October 31,
1989, which was an extension from October 1, 1988, the original
date provided for,in the Settlement Agreement;
WHEREAS, such facilities have been delayed through no fault
of BOATMEN, ROUSE, and CITY, therefore, a postponement of their
use of the facility is required;
NOW, THEREFORE, in consideration of the mutual covenants
contained herein and other, good and valuable consideration, the
parties hereto agree to the Second Amendment to Settlement
Agreement as follows:
A. Section 2.a. of the First Amendment to the Settlement
Agreement shall be deleted and the following inserted in its
place:
2. a. The CITY shall, by no later than May 1, 1990,
(subject to force majeure), provide the BOATMEN with each and
every amenity at Miamarina set out in Exhibit A. The CITY shall,
by no later than May 1, 1990, (subject to force majeure) provide
the BOATMEN with each and every amenity at Miamarina set out in
Exhibit A-1, provided that the cost of such amenities does not
exceed $200,000. In the event that the cost of amenities exceeds
Page 2 of 6 90-0211
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a 2. ') (j F 0 0 0 f t- h - i t i... � ; n C� i_ �l T, ,"2 � c 1 i. m i. n , 4: n r i 4l i. !.. t.� (-� 3 !3 (" r r %. i. f tl
3?T! 'Cl ? � l ]. i;PCJ n Xhihit I\ -I %:r7 1.n ;1iY-e tri�34 i_he coSt of
amenities does not exceed $200,000. Bayside renter Limited
Partnership shall have the same approval. rights (which approval_
may nc�t be unreasonably withheld) over the design and location of
the amenities listed in Exhibits A and A-1 as it does under the
Miamarina Agreement with the CITY dated October 24, 1985 (as
amended the "Miamarina Agreement").
B. The CITY agrees to the following, based on its
inability to provide facilities at Miamarina by October 31, 1989,
as provided in the First Amendment to Settlement Agreement.
(i) At the time of occupancy of the facililties at
Miamarina by the BOATMEN, each of the BOATMEN who otherwise comply
with the terms and conditions of the Settlement Agreement, as
amended, shall:
a. Be entitled to three (3) months free dockage for their
respective slips.
b. Pay dockage fees based on a forty (40) foot vessel,
regardless of the size of said individual BOATMEN vessel.
However, said vessel(s) shall, in no event, extend beyond the
outer anchor pilings of their respective slips.
C. Be permitted to continue to dock their respective
vessels at Watson Island free of dockage fees until such time as
Miamarina is ready for their occupancy.
d. Be entitled to two (2) months free dockage for every
one (1) month that the facilities are not available as of May 1,
1990,.in addition to free dockage detailed in subsection B(i)a,
above.
e.
Pay dockage
fees
equal to the dockage rate for
commercial
fishermen at
Dinner
Key Marina as of September 30,
1989, and
as may thereafter
be amended or modified by the City
Manager, pursuant
to City
Code
and Charter requirements.
C.
The CITY shall
pay
the BOATMEN`s attorney, Dan Paul, an
amount not to exceed
four thousand five hundred dollars
($4,500.00)
for legal
frees
related to the negotiation and
Page 3 of 6 0j
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hill ac.cr-.pthIn t-.c; the r;i.ty 1\vr.t�r11ey.
D. Except as otherwise amended by this Amendment, the
Settlement Agreement and the First Amendment t0 Settlement
Agreement shall remain in full foc-ce and effect.
C. As a condition precedent to binding the CITY and other
parties to the terms and condit.ions of this Amendment- to the
Settlement Agreement, all individual members of the Pier 5
Boatmen's Association must sign this Amendment to the Settlement
Agreement. This requirement may be waived by the CITY and ROUSE
in their sole discretion.
IN WITNESS WHEREOF, the parties hereto have individually and
through their proper corporations and representatives, executed
this Agreement the day first above written.
BAYSIDE CEN'_"E.R LIMITED PARTNERSHIP,
a Maryland Limited Partnership
By: Rouse -Miami, Inc.,
General Partner
THE CITY OF MIAMI
By
CESAR H. ODIO
CITY MANAGER
ATTEST:
By
MATTY HIRAI, CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:
By:
JORGE L. FERNANDEZ
CITY ATTORNEY
VICE-PRESIDENT
Page 4 of 6
P-1
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11C>,i'.' F,T1;; A `=.t')(' i /1 a Tf��•J , T MC
By
J. C. DOBSON, PRESIDENT
By _ _ By:
MELVIN E. STRAHOSKY 0, E. CAREY
By.
1MICHAEL HENRY SHAPIRO
By
ROBERT L. STEPHENS, JR.
By
FRANK L. SMITH
By:
JAMES P. THOMAS
By:
ROGER LONCARIC
By.
MIGUEL FERNANDEZ
By:
GARY W. CONN
By _
OSCAR B. BONNER
By _
pWILLIAM C. HARRISON
By:
ALTON R. DILLARD
By:
ALLEN GEORGE JEPSON
By:-
STEVE KURLANDER
By:
PETER J. ANDERSON
By:
CRISCOULI
By:.
KENNETH A. SPAULDING
By:
THOMAS E. JENKINS
By:
JOHN F. CALLAN
By
ROBERT B. PARKER
By:_
JOHN J. WATERMAN
By
• DANIEL C. KIPNIS
B y •
CHARLES E. SOFGE
By
STEVE SALEM
Page 5 of 6
By.
CHARLES M. KLUCK
AV: bf: M151
BROCE PURDY
By:�
JAMES COURBIER
Page 6 of 6 90-0211
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lt;�f4_.F;-OE Cri.E_ t_1�-��^1>q�l�t�illlf�•
Honorable Mayor and FEB 71990
Members of City Commission
Resolution/Second Amendment
to Settlement Agreement
0 with Pier 5 Boatmen
FROM
,j" i ! 1
Cesar H . Od i : i, tttlA
City Manager.
Background
It is respectfully recommended that the City Commission adopt the
attached Resolution approving the renegotiated terms and
conditions, and authorizing the City Manager to execute the
attached Second Amendment to the Settlement Agreement (dated
October 12, 1985) between the City of Miami, the Pier. 5 Boatmen's
Association (the "Boatmen") and Bayside. Center Limited
Partnership.
Recommendation
The Department of Parks, Recreation and Public Facilities has
prepared the attached legislation at the request of the Law
Department and the City Manager. Negotiations were recently
completed for the relocation of the Pier 5 commercial fishermen
from Watson Island back to Miamarina. The Commission was given
an earlier opportunity to review the proposed settlement terms
and to make alternative recommendations prior to full
consideration and vote.
Highlights of the proposed settlement are as follows:
The CITY, as previously agreed, will provide facilities and
-
amenities for the BOATMEN at Miamarina not later. than May 1,
1990.
*
The cost of the amenities shall not exceed $200,000 and the
CITY shall have the right to eliminate any amenity to keep
within budget.
_-
_ *
The BOATMEN shall continue to have free dockage at Watson
Island until facilities at Miamarina are ready for occupation.
*
The BOATMEN will have 3 months free dockage at Miamarina, and
are entitled to 2 additional free months for every one month
that the facilities are not available beyond May 1, 1990.
*
After the applicable free period, each BOATMAN will pay dockage
—_
fees for. a 40-foot vessel, regardless of actual vessel length
(subject to certain conditions), at the commercial fishermen's
=_
rate for Dinner. Key Marina, beginning with the rate in effect
-
as of Sept. 30, 1989, and subject to subsequent annual rate
adjustments.
*
CITY will pay $4500 in legal fees to the BOATMEN's attorney for
the riegoti.ation of this Amendment.
WHO MUST F UE F"M
This form is for use by any person serving at the county, city, or other local level of government on an appointed or iec'Ee.hr and,.``
council. commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who tie presidt
with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although
the use of this panicular form is not required by taw. you are encouraged to use it in making the disclosure requited by W.
Yost responsibilities under the Is% when faced with a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form
before completing the merse aide and filing the form.
INSTRUCTIONS FOR COMPUfANCE WITH SECTION V12.311 3, FLORIDA VAWT'ES
ELECTED OFFICERS:
A person holding elective county, municipal, or other local publi4 office MUST ABSTAIN from voting on a measure which inures
to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special
gain of a principal (other than a government agency) by whom he is retained.
In either cast. you should disclose the conflict:
,PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on
which you are abstaining from voting; and
WITHIN IS DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording
the minutes of the averting, who should incorporate the form in the minutes.
APPOI%TED OFFICERS:
A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his special private gain. Each Iocal officer tslso is prohibited from knowingly voting on a measure which inures to the
special on of a principal (other than a gova msent agency) by whom he it: retained.
A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must
disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether
arcade by the officer or at his direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO TIME MEETING AT wHICH
THE VOTE WILL BE TAKEN:
• You should complete and Gle this form (before making any attempt to influence the decision) with the person responsible for
recording the minutes of the meeting. swM will incorporate the form in the minutes.
• A copy of the form should be pnow•ided immediately to the other membt rs of the agency.
• The form should be read publicly at the oxming prior to consideration of the matter in which you have a conflict of interest.
a
11
IF YOU MAKE NO ATTEIi?lit"7` W INFLUENCE THE DECISION EXCIF-PT BY DISCi..iSSION AT TIME MFUTING:
You should ditclov OTAlly the trrtiure of yotir CoMlia in the measure I*efore f+nrtiri!>*tinit.
* You ahm)ld complete the form tarts! file it ".bin 15 days After the vo4c occurs with thet pffmm resparmsille for rrc+oraling. the minutes
of the m"iinyj, who should incotWrate the form In the minutes.
i13ISOLE?ll IN OF LOCAL OFFiCElR1 NMREIfT
'. kav * er . - __ Suar , hereby disclose that on Ida C 114 . 19.90�
(al A awasvre come or will come before my agency which (check one)
inured to my special private Rain; � A I rel�ei r
� r t t al in of J !' ,0-4WW " SO C , b tiv�aint
inured • he open p y
(b) The measure before my a`ency and the nature of my interest in the measure is as follows:
Resolution 90-211 (item 17): establishing and revising terms, conditions
and obligations relating to improvements for City -owned Miamarina, located at 401
�")iszayne Boulevard, and occupancy of a portion of that facility by the
Pier S Boatmen's Association, Inc.
2�ou ®
Date Filed �
turn
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 1112.317 0"U A FAILURE TO MAKE ANY REQUIRED
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING:
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT. DEMOTION. REDUCTION IN
SALARY. REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED 33.0W.
r a FoxM as 14ia
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