HomeMy WebLinkAboutcover memoTO: The Honorable Mayor and DATE: April 22, 2004
Members of the City Commission
SUBJECT: A Resolution
of the Miami City
Commission, with
attachments, authorizing the
Bayfront Park Management
Trust to accept the transfer
and assignment of the
agreements with Bayfront
Park Management Trust from
Concorde Crises, Inc. to
Southeast Cruise Holdings,
LLC.
FROM:
Timothy F. Schmand
Executive Director
RECOMMENDATION
It is respectfully recommended that the City Commission adopt the attached Resolution authorizing
the Bayfront Park Management Trust to accept the transfer and assignment of the Agreements with
Bayfront Park Management Trust from Concorde Cruises, Inc. to Southeast Cruise Holdings, LLC
and authorizing the Executive Director of the Bayfront Park Management Trust to execute an
Amendment and Restatement to the Use Agreement executed June 25, 1997, an Amendment and
Restatement to the Valet Parking Concession Agreement dated December 8, 1998, and a Revocable
License Agreement with Southeast Cruise Holdings, LLC.
BACKGROUND
The Bayfront Park Management Trust (Trust) manages Bayfront and Bicentennial Parks. Two of the
Trust's objectives are to attract people to the parks and to continue generating revenue through the
use of park facilities. To that end, a use agreement was entered into on June 25, 1997, between the
Bayfront Park Management Trust and Concorde Cruises, Inc. for use of the north end dock adjacent
to Bayfront Park. On December 8, 1998, the Trust and Bayfront Valet, LLC (owned by Concorde
Cruises) entered into a valet parking concession agreement. Subsequently, a revocable license
agreement was also entered into for use of warehouse space. Recently, Concorde Cruises, Inc.,
negotiated an asset purchase agreement with Southeast Cruise Holdings, LLC (Southeast) for
acquisition of the vessel, the valet parking operation and the personal property related thereto. On
April 19, 2 004, t he T rust approved t he t ransfer and a ssignment o f t he u se a greement and the
concession agreement and authorized the Executive Director to execute amendments and
restatements to these agreements, in substantially the attached form, with Southeast, subject to the
terms and conditions contained therein. The Trust also further authorized the Executive Director to
execute a revocable license agreement with Southeast for use of surplus warehouse space located at
the Park The Trust has determined that the acceptance of the assignment is in the best interest of the
parties and has conditioned its acceptance of the assignment and transfer and its authorization for the
Executive Director to execute the Amendments and Restatements to the Use Agreement and the
Concession Agreement (collectively ("Agreements") and to execute the revocable license agreement
based upon the following conditions: 1) City Commission approval, 2) provision of a Letter of
Credit, 3) the execution of the of the asset purchase agreement(s) between Concorde and Bayfront
Valet to Southeast, 4) Concorde's payment of its arrearage to the Trust, and 5) the other terms and
conditions contained in the Agreements.
TFS/jrg