CHARLES R.

CORDA,
Plaintiff,
vs.
CITY OF MIAMI, a Florida municipal
corporation, and
PENELOPE TOWNSLEY, the Miami-Dade
County Supervisor of Elections,
Defendants.
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IN THE CIRCUIT COURT OF THE 11TH
JUDICIAL CIRCUIT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA
CIVIL DIVISION
CASE NO.: 14-18320 CA 25
SKYRISE MIAMI, LLC'S MOTION TO INTERVENE
SkyRise Miami, LLC ("SkyRise"), pursuant to Florida Rule of Civil Procedure 1.230,
moves to intervene as a Defendant in this case because it has a direct and immediate interest in
this litigation, the result of which could impair or destroy its sublease agreement with Bayside
Marketplace, LLC ("Bayside")-which is also moving to intervene-and its development plans
for an observation and entertainment tower.
BACKGROUND
1. In 1985, the City of Miami (the "City"), as landlord, and the predecessor to
Bayside, as tenant, entered into two lease agreements- a retail lease and a parking garage
lease-for the City-owned property now known as Bayside Marketplace (collectively, the
"Lease"). The Lease has been amended several times without referendum.
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Corda v. City ofMiami, et al. Case no. 14-18320 CA 25
2. On June 26, 2014, the City approved a further amendment to the Lease (the
"Lease Amendment"), which includes an extension of the Lease term from the remaining 46
years to 99 years and also increased the height and square footage allowable for expansion of
Bayside Marketplace. The amendment was conditioned upon, among other things, the City
receiving an upfront payment of $10 million, minimum base rent of $3.5 million per year,
between $27 and $35 million in tenant improvements to Bayside Marketplace (including
additional parking), and the development of SkyRise Miami, a $400 million 1,000-foot
observation and entertainment tower, to be developed under a sublease between Bayside and
Skyrise (the "Sublease").
3. In 2001 , the City amended its City Charter. It now requires that leases for City-
owned waterfront property exceeding five years be approved by a majority of the voters of the
City. Therefore, the City determined that the Lease Amendment required voter approval.
4. On June 26, 2014, in accordance with the City Charter, the City adopted a
resolution calling for a referendum special election to submit the Lease Amendment to the City
voters for approval. The referendum is scheduled for the August 26, 2014 Primary Election.
The ballot question states:
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SHOULD THE CITY EXTEND THE EXISTING LEASES FROM
FORTY-SIX (46) TO NINETY-NINE (99) YEARS WITH BAYSIDE
MARKETPLACE LLC, ON THE 16.85 ACRES OF WATERFRONT
LAND (BAYSIDE MARKETPLACE) CONDITIONED ON THE CITY
RECEIVING: UPFRONT PAYMENT OF $10,000,000.00; MINIMUM
GUARANTEED YEARLY RENT OF APPROXIMATELY
$3,516,002.00 (WHICH ESCALATES); PERCENTAGE RENT;
MINIMUM $27,000,000.00 IMPROVEMENTS TO BAYSIDE
MARKETPLACE INCLUDING ADDITIONAL PARKING,
INCREASED CONTRIBUTION TO MIAMI BAYSIDE
FOUNDATION; AND DEVELOPMENT OF A $400,000,000.00
PRIVATELY FUNDED 1,000 FOOT OBSERVATION AND
ENTERTAINMENT TOWER (SKYRISE MIAMI).
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Corda v. City o.lMiami, et a!. Case no. 14-18320 CA 25
5. On July 15, 2014, Plaintiff Charles R. Corda filed a petition for declaratory and
injunctive relief (the "Complaint") against the City and Penelope Townsley, the Miami-Dade
County Supervisor of Elections, seeking removal of the ballot question from the August 26
Referendum Special Election. Corda claims the ballot language is misleading and violates "the
fundamental principle and general rule of Florida law of a ' single subject' per ballot item."
2. Corda's main criticism of the referendum is that it contains language regarding
both the renovations of Bayside Marketplace and development of the SkyRise Miami tower.
Corda contends that the construction of the SkyRise Miami tower is a separate subject from the
renovations to Bayside Marketplace and belongs on a separate ballot.
6. Corda has not joined Bayside or SkyRise as Defendants in this action, despite
their clear interest in the outcome of this litigation.
ARGUMENT
7. As the sub-lessee of Bayside and the developer of SkyRise Miami, SkyRise has a
direct and immediate interest in this litigation, the subject of which is whether ballot language
that, in part, authorizes development of SkyRise Miami may be submitted to the voters at the
August 26 referendum election.
8. If Plaintiff succeeds on his claims and the ballot language is removed from the
August 26 referendum, the result will be devastating to SkyRise' s plans for development of the
tower. Voter approval of the Lease Amendment is necessary for SkyRise to proceed with
construction and obtain financing. Timing is critical. The outcome of this action could render
SkyRise Miami non-viable and the Sublease with Bayside moot.
9. "Anyone claiming an interest in pending litigation may at any time be permitted
to assert his right by intervention." Fla. R. Civ. P. 1.230. "Intervention should be liberally
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Corda v. City ofMiami, et al. Case no. 14-18320 CA 25
allowed." Nat'/ Wildlife Fed'n Inc. v. Glisson, 531 So. 2d 996, 998 (Fla. 1st DCA 1988)
(reversing denial of intervention where intervenors would gain or lose the quality of use of the
land at issue as a result of the zoning judgment rendered by the court).
10. Under Florida law, Sky Rise should be allowed to intervene to protect its interests.
See Union Cent. L[fe Ins. Co. v. Carlisle, 593 So. 2d 505, 507 (Fla. 1992) (intervention should be
permitted where the parties' interests are "of such a direct and immediate character that the
intervenor will either gain or lose by the direct legal operation and effect of the judgment");
Beeler, P.A. v. Banco Industrial de Venezuela, 834 So. 2d 952, 953 (Fla. 3d DCA 2003)
(reversing denial of a motion to intervene where the intervenor had an interest in the litigation
and intervention would not impede the orderly progression of the litigation, which was in early
stages of discovery); John G. Grubbs, Inc. v. Suncoast Excavating, Inc. 594 So. 2d 346, 348 (Fla.
5th DCA 1992) (reversing the denial of a motion to intervene in litigation about the propriety of
a bidding process and the validity of the contract between the intervenor and the County).
11. No prejudice would come to any party and this matter will not be delayed by
allowing SkyRise to intervene, especially as the matter has only just commenced.
12. Counsel for SkyRise has conferred with Corda. Despite SkyRise and Bayside's
clear interest in the outcome of this litigation, Corda objects to intervention.
WHEREFORE, SkyRise requests to intervene as a Defendant in this case.
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WHITE & CASE LLP Wachovia Financial Center, Miami , Florida 33131-2352 Tel+ 1 305 371 2700
Corda v. City ofMiami, et al.
Dated: July 25, 2014
Case no. 14-18320 CA 25
Respectfully Submitted,
WHITE & CASE LLP
Southeast Financial Center
200 South Biscayne Boulevard, Suite 4900
Miami, Florida 33131-2352
Telephone: (305) 371-2700
Facsimile: (305) 358-5744
By: Is/ Raoul G. Cantero
Raoul G. Cantero, Esq.
Florida Bar No. 552356
rcantero@whi tecase. com
Evan M. Goldenberg, Esq.
Florida Bar No. 087580
egoldenberg@whitecase.com
Julie Feigeles, Esq.
Florida Bar No. 353604
j f@womenatlawtl.com
FEIGELES AVALLONE & HAIMO LLP
2525 Ponce de Leon Boulevard, Suite 625
Coral Gables, FL 33134
Telephone: (305) 529-8858
Facsimile: (954) 525-4300
Counselfor SkyRise Miami, LLC
CERTIFICATE OF SERVICE
I CERTIFY that on July 25, 2014 a copy of this motion was served via electronic mail to
the addressees listed on the attached Service List.
By: Is/ Raoul G. Cantero
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Corda v. City qj'Miami, et al. Case no. 14-18320 CA 25
SERVICE LIST
Charles R. Corda
crcorda@bellsouth.net
3540 Palmetto Avenue
Miami, FL 33133
Telephone: (305) 588-4832
Plaint(ff!Pro Se
cc: Alan T. Dimond, dimonda@gtlaw.com
Timothy A. Kolaya, kolayat@gtlaw.com
Counselfor Bayside Marketplace, LLC
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Warren Bittner
wrbi ttner@miamigov .com
City of Miami
Office ofthe City Attorney
444 Southwest 2nd A venue, Suite 945
Miami, FL 33130
Telephone: (305) 416-1800
Facsimile: (305) 416-1801
Counsel for City of Miami
Oren Rosenthal
orosent@miamidade.gov
mbv@miamidade.gov
Assistant County Attorney
Miami-Dade County Attorney
Stephen P. Clark Center
111 NW 1st Street, Suite 2810
Miami, FL 33128
Telephone: (305) 375-5151
Counselfor Penelope Townsley
WHITE & CASE LLP Wachovia Fi nan cial Center, Miami, Florida 33131 -2352 Tel + 1 305 3712700