HomeMy WebLinkAboutR-05-0744City of Miami
Legislation
Resolution: R-05-0744
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 05-01473 Final Action Date: 12/15/2005
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING THE REQUEST OF MIAMI STAR CASINO LLC, D/B/A/ HORIZON'S
EDGE CASINO CRUISES ("HORIZON") TO ASSUME CONCORDE CRUISES,
INC.'S ("CONCORDE") AGREEMENTS, FOR THE OPERATION OF A GAMING
VESSEL AT BAYFRONT PARK, ON THE TERMS SUMMARIZED IN THE TERM
SHEET, ATTACHED AND INCORPORATED;RESCINDING RESOLUTION NO.
05-667, ADOPTED, NOVEMBER 17, 2005, DIRECTING THE CITY ATTORNEY TO
TAKE APPROPRIATE CIVIL ACTIONS AGAINST CONCORDE TO PRESERVE THE
INTERESTS OF THE BAYFRONT PARK MANAGEMENT TRUST ("TRUST") UNDER
THE AGREEMENTS; FURTHER AUTHORIZING THE EXECUTIVE DIRECTOR OF
THE TRUST AND THE CITY MANAGER, TO EXECUTE THE ASSIGNMENT AND
ASSUMPTION DOCUMENTS, IN SUBSTANTIALLY THE ATTACHED FORM(S), AND
SUCH OTHER DOCUMENTS AS MAY BE NECESSARY TO IMPLEMENT THIS
RESOLUTION, SUBJECT TO THE CITY ATTORNEY'S APPROVAL.
WHEREAS, the Bayfront Park Management Trust ("Trust") and Concorde Cruises, Inc.
("Concorde"), entered into a Use Agreement, dated June 25, 1997, for the use of the north dock at
Bayfront Park for the purpose of operating a gaming vessel ( "Use Agreement"); and
WHEREAS, in conjunction with the Use Agreement, the Trust and Concorde entered into a
license agreement for the use of a warehouse ( "Warehouse Agreement"), and the Trust and Bayfront
Valet, L.C. entered into a Valet Parking Agreement ( "Valet Agreement"); and
WHEREAS, Concorde is in default under the Use Agreement and Warehouse Agreement and
Bayfront Valet, L.C. is in default under the Valet Agreement; and
WHEREAS, pursuant to Resolution No. 05-0667, adopted by the City Commission on November
17, 2005, the City Attorney was directed to take all the steps necessary to pursue all legal remedies
to enforce the terms and condition of the Use, Warehouse and Valet Agreements (collectively, the
"Agreements"); and
WHEREAS, Miami Star Casino, LLC d/b/a Horizon's Edge Casino Cruises ("Horizon"), wishes to
cure Concorde's and Bayfront Valet's defaults and assume their respective rights and obligations
under the Agreements; and
WHEREAS, pursuant to Trust Resolution No. 05-071.1, adopted by the Trust December 12,
2005, the Trust requests that the City Commission approve the assumption by Horizon of the
Agreements, on the terms set forth in the Term Sheet attached and incorporated;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
City of Miami
Page 1 of 2 File Id: 05-01473 (Version: 1) Printed On: 12/14/2016
File Number: 05-01473 Enactment Number: R-05-0744
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted
by reference and incorporated as if fully set forth in this Section.
Section 2. The request of Horizon to assume Agreements for the operation of a gaming vessel at
Bayfront Park, on the terms summarized in the Term Sheet attached and incorporated, is approved.
Section 3. Resolution No. 05-0667, adopted November 17, 2005, directing the City Attorney to
take appropriate civil actions against Concorde to preserve the interests of the Trust under the above
described Agreements, is rescinded, effective on the date of Horizon's execution of the assumption
documents.
Section 4. The Executive Director of the Trust and the City Manager, are authorized{1} to execute
the Assignment and Assumption documents, in substantially the attached form(s), and such other
documents as may be necessary to implement this Resolution, subject to the City Attorney's approval.
Section 5. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor. {2}
Footnotes:
{1} The herein authorization is further subject to compliance with all requirements that may be
imposed by the City Attorney, including but not limited to those prescribed by applicable City
Charter and Code provisions.
{2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar
days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 2 File Id: 05-01473 (Version: 1) Printed On: 12/14/2016