HomeMy WebLinkAboutR-07-0378City of Miami
Legislation
Resolution: R-07-0378
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 07-00814 Final Action Date: 7/10/2007
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE BAYFRONT PARK MANAGEMENT TRUST ("TRUST") TO
EXECUTE THE AGREEMENTS BETWEEN THE TRUST AND MIAMI STAR
CASINO, LLC D/B/A HORIZON'S EDGE CASINO CRUISES ENTITLED: 1)
EXTENSION OF TERM AND AMENDMENT OF USE AGREEMENT, 2) EXTENSION
OF TERM AND AMENDMENT OF VALET PARKING CONCESSION AGREEMENT,
AND 3) EXTENSION OF TERM AND AMENDMENT OF REVOCABLE LICENSE
AGREEMENT.
WHEREAS, the City of Miami ("City") is the owner of the property known as Bayfront Park
(hereinafter called the "Park"); and
WHEREAS, pursuant to an agreement with the Department of Army ("Army Corps") dated August
8, 1990, the City is lessee of portions of the baywalk that is adjacent to the Park; and
WHEREAS, pursuant to Section 38-101, of the Code of the City of Miami, Florida, as amended,
the Park and the leased area from the Army Corps is managed and operated by the Bayfront Park
Management Trust ("Trust") which is authorized to enter into agreements for the use of those areas
(hereinafter collectively referred to as the "Park"); and
WHEREAS, a use agreement was entered into on June 25, 1997, between the Trust and Horizon
Edge Casino Cruises ("Horizon"), as successor in interest to Bayfront Ventures, as amended by (i)
Amendment to Use Agreement, dated September 26, 1997, (ii) Amendment No. 2, dated 2001, (iii)
Transfer, Assumption and Consent to Transfer of Use Agreement, dated March 28, 2000, (iv) Third
Amendment dated June 27, 2002, and (v) Amendment, Assignment and Assumption of Use
Agreement dated as of December 16, 2005 (collectively the "Use Agreement"); and
WHEREAS, pursuant to the 2005 Amendment, Horizon has the right to terminate the agreement
in the event that the law authorizing pari-mutuel facilities to offer Las Vegas style slot machine gaming
in Broward results in a decline of annualized passenger count in any quarter of less than 40,000,
upon 60 days prior written notice to the Trust; and
WHEREAS, the Use Agreement expires on September 30, 2007, and Horizon wishes to exercise
its option to extend the term for an additional period of five (5) years on the condition that the fee
payable under the Use Agreement be reduced and the outstanding amount due for dock repairs be
also reduced as herein provided; and
WHEREAS, Horizon claims that a reduction of the fee and of the amount due for dock repairs are
fair based on the adverse impact that the new pari-mutuel facilities have had on Horizon's
businesses; and,
WHEREAS, the Trust and Horizon are also parties to a Valet Parking Concession Agreement (the
City of Miami
Page 1 of 2 File Id: 07-00814 (Version: 11 Printed On: 4/4/2017
File Number: 07-00814 Enactment Number: R-07-0378
"Valet Agreement") and a Revocable License Agreement (the "Warehouse Agreement") which are
intended to run for terms commensurate with the Use Agreement; and
WHEREAS, Horizon wishes to execute the Extension of Term and Amendment of the Valet
Parking Concession Agreement, to run commensurate with the Use Agreement, ending September
30, 2012 and to provide that: 1) Horizon agrees to relinquish rights to the parking facility known as
Parcel A, while retaining rights to maintain and access its dumpster; 2) In consideration of the return
of Parcel A, the Trust agrees to reduce the annual license fee by $30,000; 3) In the event that either
party terminates the Use Agreement, the Valet Agreement also concurrently terminates; furthermore,
if Horizon is the terminating party then it shall continue to pay the Valet Agreement up to the effective
date of termination; and, 4) Horizon's Security Deposit under the Use Agreement also secures
Horizon's performance under the Valet Agreement; and
WHEREAS, Horizon wishes to execute the Extension of Term of Revocable License Agreement to
run commensurate with the Use Agreement, ending September 30, 2012; and
WHEREAS, the Trust deems it to be in the best interest of the public to retain Horizon's
operations in the Park and the parties agree to execute the Extension of Term and Amendment of
Use Agreement, the Valet Parking Concession Agreement, and the Extension of Term of Revocable
License Agreement, as herein provided;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
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 Miami City Commission authorizes the Trust to execute the agreements
between the Trust and Miami Star Casino, LLC, d/b/a Horizon's Edge Casino Cruises entitled: 1)
Extension of Term and Amendment of Use Agreement, 2) Extension of Term and Amendment of Valet
Parking Concession Agreement, and 3)Extension of Term and Amendment of Revocable License
Agreement, in substantially the form attached.
Section 3. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor.{1}
Footnotes:
{1} 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.
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