Bilzin Sumberg client Westrec Marina wanted to extend a lease with Miami-Dade County for Westrec's Haulover Marina project. A simple lease extension turned into a complete rewriting of the lease, in the form of an Amended and Restated Lease Agreement that required Westrec to spend at least $11.4 million on a new boat barn and other improvements. The project ran into many hiccups along the way, including the fire-suppression system being called into question and a title issue that forced a redesign and a change in construction. Three Bilzin Sumberg practices worked together as the state-of-the-art boat barn opened just in time for boating enthusiasts seeking to secure their vessels during hurricane season.
The Real Estate team began negotiating a lease extension in 2009 for a lease that was scheduled to end in 2014. After protracted negotiations, the parties agreed on an Amended and Restated Lease in 2010 that extended the lease until 2040 and included a requirement that Westrec build a boat barn and make other improvements. The Real Estate team also handled the client's construction loan, construction contracting and many issues which arose during the course of construction.
Land Development & Government Relations
Bilzin Sumberg worked with the County's Planning & Zoning and Parks Departments (among others) to secure the permitting for the boat barn, parking improvements, and dealing with many environmental issues. One of the team's chief duties was working out concerns the fire marshal and Building Department had with the original design, which resulted in substantial savings to the client.
Bilzin Sumberg had to go to court over a title issue, namely a 96-inch sewage outfall pipe discovered in the course of construction that was not identified in the title policy issued to the client, or in the survey of the leased premises. The boat barn had to be redesigned and scaled back to avoid issues with the pipe.
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