On June 15, 1983, the Mayor and City Commission adopted Resolution No. 83-17385, approving and authorizing the execution of a Lease Agreement (the "Marina Lease") with Carner-Mason Associates, Ltd. for the construction and management of a marina and dry storage facility (the "Marina") in the South Shore development area (generally lying south of 6th Street).The Marina Lease was subsequently signed on June 24, 1983.

On October 17, 1989, pursuant to a judgment of foreclosure of the Marina leasehold interest, Tallahassee Building Corporation, a Delaware Corporation, a wholly owned subsidiary of Heller Financial, Inc., acquired the interest of Carner-Mason in the Marina Lease.

Thereafter, the Marina Lease was amended four times, as follows: 1) First Amendment, which consisted of the parties' agreement to a "Modified Lease", dated October 23, 1991; 2) Second Amendment, which consisted of “Marina Parking and Facilities”, dated August 11, 1994; 3) Third Amendment, dated May 27, 1997, which included the adoption of Resolution No. 97- 22398, where the City consented to the assignment of the Lease from Tallahassee Building Corporation to the Miami Beach Marina Associates, Ltd., a Florida Limited Partnership; and 4) Fourth Amendment and most recent, which consisted of “Parking and Easements”, dated April 15, 1998.

Residents of the South of Fifth neighborhood, including members of the condominium association at the ICON, Murano Grande, Murano Portofino, and Yacht Club at Portofino, have expressed serious concerns over recurring issues at the Miami Beach Marina, the Baywalk and the Marina-related parking garages, much of which is believed to have arisen as a result of the significant increase in charter boat activity at the Miami Beach Marina in the last few years. Specifically, residents have expressed concerns with large numbers of rowdy and disruptive charter patrons disturbing the peace in the area.

For several months, Commissioners, City staff, and various representatives of Suntex, have participated in numerous meetings with residents in an effort to understand and to develop solutions to help address these issues. 

At the October 26, 2022, City Commission meeting, Commissioner Meiner requested for the Administration, Police Department, Code Compliance Department, and City Attorney’s Office, as well as representatives of Suntex, to discuss the residents’ concerns at the upcoming Public Safety and Neighborhoods Quality of Life Committee (PSNQLC), as well as any and all regulatory or contractual options which may be available to the City to improve the situation and address charter activity at the Marina.  Subsequently, a meeting was held on November 3, 2022 between City staff, including the City Manager, key City Department representatives, Commissioner Rosen-Gonzalez and several members of the South of Fifth Neighborhood Association (SOFNA).  Overall, there were four (4) major points of greatest concern:

·       The elimination/significant curtailment of the charter program. 

o   SOFNA has provided several documented photos and videos of unruly charter patrons, mainly upon their debarkation of the vessels and entering the Marina baywalk.  The offensive conduct by these patrons includes public intoxication, engagement in excessively loud arguments, playing excessively loud music, public urination, etc.  As the City has made great strides in addressing prior problems with unlicensed charters (see below), it appears these individuals are patrons of licensed and approved charters.

o   Thanks to the efforts of Code Compliance, Police, and Marine Patrol, Illegal charters have been eliminated and controlled by 99%.

o   There needs to be greater control, security and supervision of these guests until they leave the Marina/Condo property lines.

o   Residents would like to see the elimination of so-called “party charters” and acknowledged that fishing charters and long-term charters are not the source of the problem.

·       Increase security coverage. 

o   SOFNA is requesting an increase in security coverage to include public safety in the first level of each Condo garage, which is an area solely used by Suntex for Marina storage and public parking. 

·       Return all parking in the condo garages to Suntex boat slip holders only and not allow these parking spaces to be open to the public. 

o   In early 2022, the Suntex activated its right to convert these spaces into municipal parking and charge a fee.  The City receives 35% of parking revenue (approximately $480,000.00 per year). 

·       Overall condition of the Retail Property and Baywalk.

o   The retail property has aged and has not been redeveloped or comprehensively refurbished since its construction. 

o   Suntex is planning to paint the building and replace the awnings.  However, a complete, floor-to-ceiling renovation is needed to bring this building to a first-class level.  The gardens, planters, pavers and concrete sidewalks also need repairs and/or replacement in some areas.