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HomeMy WebLinkAboutM-86-02941�J MIAMI MARINE EXPOSITION, INC. April 21, 1966 Mr. J. L. Plummer CITY OF MIAMI City Hall 3500 Pan American Drive Miami, Florida 33133 RE: WATSON ISLAND UDP Dear Commissioner Plummer: At the April 10, City Commission hearing several questions were raised which we would like to clarify. This data supplements our previous submission and communications in respect to the project. 1. Minimum Lease Term: At the hearing, a refFrence was made to a 40-year term, which may lead to a misunderstanding of our proposal in respect to the lease. The correct proposed lease term is that specified in Sect. V.W , P.5., of our original submission: "A. Lease Term: The term of the lease shall be the lesser of 99 years or the maximum otherwise permitted by lake, but in no event less than 40 years." 2. Sale and/or Collateralization of Ownership of Pro ect: We appreciate the concern of the City that we not indiscriminately sell or transfer our interest in the project or mortgage it to the detriment of the City. We wish to confirm to you that our intentions are long-term ownership and we are willing to acc-ept restrictions and/or other reasonable approvals that may be required by the City regarding the collateralization or transferability of interests. 3. Minimum Annual Lease Rental: The question was asked as to our'willingness to modify the minimum rental provision of our lease and improve such terms for the benefit of the City, so that the guaranteed minimum annual payment exceeds that of the Rouse Bayside Project. p, 9z - 0-7 1,V On* S.E. 151h Road Miami. Flortaa 33131 30Y/37i-7200 c^ . 001VI /ok�' This confirms that, in the event we are approved for the project, we would agree to pay to the City the following minimum guaranteed amount: Construction phase: $250,000 per annum Operations phase: years 1 & 2: $350,000 each year years 3 & 4: $500,000 each year years 5 & 6: $650,000 each year thereafter: $1,000,000 each year We would expect to apply these payments under a formula developed by the City for the Rouse project and incorporated into their lease. 4. Rentals in the event of casino gambling: Our proposal did not address casino gambling and we agree that this use would be subject to separate lease terms and conditions. 5. Sale of component parts of the development: Due to the complexity of the project it has been our intention to enter into management, operating, or development agreements with competent third parties in respect to component parts of the project. We are willing to provide that (a) any such agreements must insure full compatibility of the operating component with the overall project and; (b) such an agreement would be fully subject to the terms of our lease with the City, which will include reasonable restrictions on transferability or sale. 6. Exclusion from the Master Lease: A question arose about our willingness to exclude from our Master Lease the Miami On.irhoard and Yacht Clubs and the Heliport. This confirms that, if approved, we accept excluding these uses from our Master Lease. This is subject to the following gonditions: 1.' These operations and facilities will be complimentary to the development program that we have proposed. 2. That the Yacht Club surrender that portion of land which they have previously agreed to surrender. ----------- ^1 7. Donation for Park Improvements: This confirms that we will set aside at least 1.5% of our construction budget for public parks improvements, or not less than $1,600,000. ' This letter is intended to be an official supplement to our submission and a copy is being forwarded to the office of the City Manager. Sincerely, Ake John K. Me or JKM/ks cc Cezar : dio .-?k RICHAIRD G. 7AYLOiq ATTORNEY AT LAW HAND -DELIVERED Ap r i 1 21,1986 J.L. Plummer, City Commission Miami, Florida Re: Watson Island 19 WEST FLAGLER STREET SUITE 803 BISCAYNE BUILDING M1AMi, FLORIDA 33130 TELEPHONE 371-7601 Dear Sir: Just a note in behalf of at least the Boat Clubs on Watson Island. 1 know that there are many heavy considerations that have been brought to your attention relative to the possibility of the pending leasehold agreement. I am not attempting to even invade or suggest what is best on the overall consideration. It has come to my attention recently via the last commission meeting, and otherwise the suggestion that the Yacht Clubs and possibly the Helicopter and Chalks should be not part of the leasehold. Both boat clubs have been promised in writing generous considerations and there conversion committment has been a willingness to modify architectural construction or facades so as to comport with the plans and outlines of the bidders. Accordingly, it is the feeling of the boat clubs that their security is more assured and perpetuated with the developer if said overall project is approved. We appreciate your concern, interest and cooperation, and wish to make these sentiments known to you. Sincerely, . , _ i" `'. • RGT/ j k /77-fG-d9y i 1 FORM 4 ML :ORANDUM OF VOTIi. a CONFLICT LAST NAME -FIRST NAME -MIDDLE NAME MAILING ADDRESS an CITY COUNTY Miami Dade DATE ON WHICH VOTE OCCURRED NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY. OR COMMITTEE THE BOARD, COUNCIL,COMMISSION. AUTHORITY, OR COMMITTEE ON WHICH i SERVE IS A UNIT OF: XCITY O COUNTY O OTHER LOCAL AGENCY O STATE NAME OF POLITICAL SUBDIVISION OR STATE AGENCY E City Commission Meeting WHO MUST FILE FORM 4 This form is for use by any person serving on either an appointed or elected board, council, commission, authority, or committee, whether state or local, and it applies equally to members of advisory and non -advisory bodies who are faced with a voting conflict of interest. As the voting conflict requirements for public officers at the local level differ from the requirements for state officers, this form is divided into two parts: PART A is for use by persons serving on local boards (municipal, county, special tax districts, etc.), while PART B is prescribed for all other boards, i.e., those at the state level. PART C of the form contains instructions as to when and where this form must be filed. PART A VOTING CONFLICT DISCLOSURE FOR LOCAL PUBLIC OFFICERS (Required by Section 112.3143(3), Florida Statutes (Supp. 1984).] The Code of Ethics for Public Officers and Employees PROHIBITS each municipal, county, and other local public officer FROM VOTING in an official capacity upon any measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting in his official capacity upon any measure which inures to the special gain of any principal (other than a government agency as defined in Section 112.312(2), Florida Statutes) by whom he is retained. In any such case a local public officer must disclose the conflict: (a) PRIOR TO TH E VOTE BEING TAKEN by publicly stating to the assembly the nature of his interest in the matter on which he is abstaining from voting; and (b) WITHIN 15 DAYS AFTER THE VOTE OCCURS by describing the nature of his interest as a public record in this part below. NOTE: Commissioners of a Community Redevelopment Agency created or designated pursuant to Section 163.356 or Section 163.357, Florida Statutes (Supp. 1984), or officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting. In such cases, however, the oral and written disclosure of this part must be made. I, the undersigned local public officer, hereby disclose that on ARr' 1_ 22 , t9 86 ; (a) I abstained from voting on a matter which (check one): inured to my special private gain; or 09 �MyE ai3 / yr. inured to the special gain of 7?'� �4 , by whom I am retained. A CE FORM 4 - REV. 1044 .- 8/0 - A 7 q PAGE I (b) The measure on which I abstained anu the nature of my interest in the measure is as vilows: Motion 86-294: authorizing the City Manager to renegotiate proposal received from Miami Marine Exposition, Inc. for development of cultural, recreational, and entertainment facilities in Watson Island. Lys 6 G� Date Filed Signafure Please see PART C for instructions on when and where to file this form. PART 9 VOTING CONFLICT DISCLOSURE FOR STATE OFFICERS [Required by Section 112.3143(2), Florida Statutes (Supp. 1994).] Each state public officer is permitted to vote in his official capacity on any matter. However, any state officer who votes in his official capacity upon any measure which inures to his special private gain or the special gain of any principal by whom he is retained is required to disclose the nature of his interest as a public record in Part B below within 15 days after the vote occurs. I, the undersigned officer of a state agency, hereby disclose that on (a) I voted on a matter which (check one): inured to my special private gain; or inured to the special gain of (b) The measure on which I voted and the nature of my interest in the measure is as follows: Date Filed Signature Please see PART C below for instructions on when and where to file this form. PART C FILING INSTRUCTIONS 19 . , by whom 1 am retained. This memorandum must be filed within fifteen (IS) days following the meeting during which the voting confect occurred with the person responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the meeting minutes. This form need not be filed merely to indicate the absence of a voting conflict. NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES# 11Y.317(19/3L 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 SSAW. CE FORM 4. REV. 1044 PAGE