Greenberg Traurig, P.A. 333 S.E.

2
nd
Avenue, Suite 4400 Miami, Florida 33131 Tel 305.579.0500 Fax 305.579.0717 www.gtlaw.com
IN THE CIRCUIT COURT FOR THE
ELEVENTH JUDICIAL CIRCUIT, IN
AND FOR MIAMI-DADE COUNTY,
FLORIDA

CASE NO. 14-18320 CA 25

CHARLES R. CORDA,

Plaintiff,

v.

CITY OF MIAMI, a Florida municipal
corporation, and PENELOPE TOWNSLEY,
the Miami-Dade County Supervisor of
Elections,

Defendants.
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BAYSIDE MARKETPLACE, LLCS MOTION FOR LEAVE TO INTERVENE

BAYSIDE MARKETPLACE, LLC (Bayside), by and through its undersigned counsel,
and pursuant to Rule 1.230 of the Florida Rules of Civil Procedure, hereby moves the Court for
leave to intervene in this action, and states:
1. Plaintiff, CHARLES R. CORDA (Plaintiff), filed the instant action on July 15,
2014. Plaintiff is challenging a referendum ballot question (Ballot Question) that is to be
voted on by the citizens of the City of Miami (City or Miami) in a referendum special
election to be held on August 26, 2014 (the Special Election).
2. The citizens of Miami are being asked to vote on the question of whether City
should extend the term of an existing ground lease (Ground Lease) that is in place between
City, as the landlord, and Bayside, as the tenant / developer, for the outdoor festival marketplace
known as Bayside Marketplace located along Biscayne Bay in downtown Miami. If approved
by the electorate, the Ground Lease would be extended from its current term of forty-six (46)
Filing # 16367988 Electronically Filed 07/25/2014 03:27:29 PM
Case No. 14-18320 CA 25



Greenberg Traurig, P.A. 333 S.E. 2
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Avenue, Suite 4400 Miami, Florida 33131 Tel 305.579.0500 Fax 305.579.0717 www.gtlaw.com
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years to ninety-nine (99) years. As a condition of the Ground Lease extension, certain financial
measures would need to be satisfied, such as a minimum guaranteed yearly rent, the performance
of certain improvements to the facilities at the Bayside Marketplace, and, of most relevance to
this cause, the development of a $400,000,000.00 privately-funded 1,000 foot observation and
entertainment tower, to be known as Skyrise Miami.
3. Skyrise Miami, LLC, f/k/a SkyHigh Miami, LLC (Skyrise) is the entity that
would develop and construct the Skyrise Miami tower. Because the Skyrise project will be
located on a portion of the Bayside Marketplace premises, Bayside, through its interest as tenant
of the Ground Lease, would sublease that portion of the premises to Skyrise under a Sub-Ground
Lease (the Sub-Ground Lease).
4. In this action, Plaintiff seeks to strike the Ballot Question involving the Ground
Lease extension and the related Sub-Ground Lease from the Special Election. As the tenant of
the Ground Lease, and landlord of the proposed Sub-Ground Lease, Bayside has an interest in
this litigation that is so direct and immediate that Bayside will either gain or lose by the direct
legal operation and effect of any judgment rendered in this action. Indeed, if the Ballot Question
is stricken from the Special Election, Bayside will be deprived of the opportunity to have its
Ground Lease extended.
5. Rule 1.230 of the Florida Rules of Civil Procedure provides that [a]nyone
claiming an interest in pending litigation may at any time be permitted to assert a right by
intervention, but the intervention shall be in subordination to, and in recognition of, the propriety
of the main proceeding, unless otherwise ordered by the court in its discretion. Fla. R. Civ. P.
1.230.
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Greenberg Traurig, P.A. 333 S.E. 2
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6. Where, as here, the litigation is still in the pleading stage, and the intervenors
assure the court that their participation will not delay or disrupt the proceedings, it is an abuse of
discretion to deny the motion to intervene. Hartford Fire Ins. Co. v. Sch. Bd. of Dade County,
661 So. 2d 111, 112 (Fla. 3d DCA 1995). Similarly, where the resolution of a litigation could
have a direct effect upon the rights of the proposed intervenor, it is error to deny a request to
intervene. Coral Bay Property Owners Ass'n v. City of Coral Gables, 305 So. 2d 853, 855 (Fla.
3d DCA 1974); see also Highwoods DLF EOLA, LLC v. Condo Developer, LLC, 51 So. 3d 570,
572 (Fla. 5th DCA 2010) (developer that applied for master plan amendment was permitted to
intervene because it will be most directly affectedwhich most directly stands to gain or
loseby the outcome of lawsuit challenging approval of master plan amendment); Hart v. Atl.
Intern. Inv. Corp., 513 So. 2d 768, 769 (Fla. 5th DCA 1987) (permitting intervention by present
owner of the land who is affected by, and is entitled to be heard as to, the substantive issues
involved in this litigation); Hausmann ex rel. Doe v. L.M., 806 So. 2d 511, 513 (Fla. 4th DCA
2001) (recognizing that the interest which will entitle a person to intervene . . . must be in the
matter in litigation, and 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) (citing Morgareidge v.
Howey, 78 So. 14, 15 (Fla. 1918)); St. Augustine Trains, Inc, v. City of St. Augustine, 393 So. 2d
47, 47 (Fla. 5th DCA 1981) (ruling that business should have been permitted to intervene where
its substantial, immediate and pecuniary interests would be directly impacted by suit seeking
injunction related to municipal ordinance).
7. To that end, courts routinely permit private businesses that would be directly
impacted by initiatives in a municipal election to intervene in an action involving a challenge to
the ballot. See Let Miami Beach Decide v. City of Miami Beach, 120 So.3d 1282, 1287 (Fla. 3d
Case No. 14-18320 CA 25



Greenberg Traurig, P.A. 333 S.E. 2
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Avenue, Suite 4400 Miami, Florida 33131 Tel 305.579.0500 Fax 305.579.0717 www.gtlaw.com
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DCA 2013) (master developer for proposed convention center project was permitted to intervene
in declaratory judgment action involving approval of ballot question on convention center lease);
Miami Dolphins, Ltd. v. Metropolitan Dade County, 394 So.2d 981 (Fla. 1981) (acknowledging
that Miami Dolphins were permitted to intervene as plaintiff in action involving challenge to
referendum election on tourist room tax that would be used, among other things, to modernize
and improve the present Orange Bowl Football Stadium).
8. Because Bayside would be directly impacted by this Courts determination of
whether the Ballot Question should remain on the ballot for the Special Election, Bayside should
be permitted to intervene in this action. This matter is still in the pleading stage, and Baysides
participation as a party-defendant will not delay or otherwise disrupt the proceedings.
9. Defendant City and Defendant Penelope Townsley, the Miami-Dade County
Supervisor of Elections, have no objection to the Court allowing Bayside to intervene in this
action.
10. Plaintiff has objected to the intervention of Bayside in this action.
WHEREFORE, Bayside requests that the Court enter an Order granting this Motion to
Intervene, permitting Bayside leave to intervene in this action as a party-defendant, granting
Bayside the right to participate fully in all aspects of these proceedings, and allowing Bayside 10
days from the date of this Order to serve a response to the Complaint.
Case No. 14-18320 CA 25



Greenberg Traurig, P.A. 333 S.E. 2
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Avenue, Suite 4400 Miami, Florida 33131 Tel 305.579.0500 Fax 305.579.0717 www.gtlaw.com
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Respectfully submitted,
GREENBERG TRAURIG
Attorneys for Bayside Marketplace, LLC
333 SE 2
nd
Avenue, Suite 4400
Miami, Florida 33131
Telephone (305) 579-0500
Facsimile (305) 579-0717

By: /s/ Timothy A. Kolaya
Alan T. Dimond
Florida Bar No. 111017
dimonda@gtlaw.com
fernandezfe@gtlaw.com
Timothy A. Kolaya
Florida Bar No. 056140
kolayat@gtlaw.com
belloy@gtlaw.com
FLService@gtlaw.com

Case No. 14-18320 CA 25



Greenberg Traurig, P.A. 333 S.E. 2
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CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this 25
th
day of July, 2014, a true and correct copy of the
foregoing was served via transmission of Notice of Service of Court Documents generated by
Floridas E-Filing Portal upon:

CITY OF MIAMI, OFFICE OF THE
CITY ATTORNEY
444 S.W. 2nd Avenue, Suite 945
Miami, FL 33130-1910
Telephone: 305-416-1813
Facsimile: 305-416-1801
Warren Bittner, Esq., Deputy Emeritus
E-mail: wrbittner@miamigov.com
John A. Greco, Esq.
E-mail: jgreco@miamigov.com
Forrest L. Andrews, Jr., Esq.
E-mail: flandrewsjr@miamigov.com

Counsel for City of Miami
MIAMI-DADE COUNTY, OFFICE OF THE
COUNTY ATTORNEY
111 NW 1st St Ste 2810
Miami, FL 33128-1930
Telephone: 305-375-5151
Facsimile: 305-375-5634
Oren Rosenthal, Esq.
E-mail: orosent@miamidade.gov
Michael Valdez, Esq.
E-mail: mbv@miamidade.gov

Counsel for Penelope Townsley, the Miami-Dade
County Supervisor of Elections

WHITE & CASE LLP
Southeast Financial Center
200 South Biscayne Boulevard
Suite 4900
Miami, Florida 33131-2352
Telephone: 305-371-2700
Facsimile: 305-358-5744
Raoul G. Cantero, Esq.
E-mail: raoul.cantero@miami.whitecase.com
Evan M. Goldenberg, Esq.
E-mail: egoldenberg@whitecase.com

Co-Counsel for Proposed-Intervenor, Skyrise
Miami, LLC
FEIGELES AVALLONE & HAIMO LLP
2525 Ponce de Leon Blvd., Suite 625
Miami, Florida 33134
Telephone: 305.405.7770
Facsimile: 954.525.4300
Julie Feigeles, Esq.
E-mail: JF@womenatlawfl.com

Co-Counsel for Proposed-Intervenor, Skyrise
Miami, LLC
CHARLES R. CORDA
3540 Palmetto Avenue
Miami, Florida 33133
Telephone: (305) 588-4832
E-mail: CRCorda@bellsouth.net

Plaintiff / Pro Se



/s/ Timothy A. Kolaya
TIMOTHY A. KOLAYA