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HomeMy WebLinkAboutResolution 2026-34320RESOLUTION NO. 2026-34320 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO NEGOTIATE WITH DEAUVILLE ASSOCIATES, LLC (OWNER) (1) A TEMPORARY PARKING MANAGEMENT AGREEMENT (INITIAL AGREEMENT), SAID INITIAL AGREEMENT TO COVER ALL OR A PORTION OF THE GARAGE LOCATED AT 6625 INDIAN CREEK DRIVE, MIAMI BEACH, FLORIDA (GARAGE PROPERTY), TO ENABLE THE CITY TO USE, ACCESS, AND/OR OPERATE THE PARKING SPACES TO BE MADE AVAILABLE BY THE OWNER FOR PUBLIC USE AT THE GARAGE PROPERTY (PUBLIC BENEFIT PARKING SPACES) IMMEDIATELY, FOR A PERIOD OF NOT LESS THAN 24 MONTHS (TEMPORARY PUBLIC PARKING PERIOD), AS CONTEMPLATED BY SECTION 5(B) OF THAT CERTAIN DEVELOPMENT AGREEMENT BETWEEN THE CITY AND THE DEVELOPER, AS RECORDED IN THE OFFICIAL RECORDS OF MIAMI- DADE COUNTY, FLORIDA AT BOOK 34913, PAGE 4492 (DEVELOPMENT AGREEMENT), AND AS OTHERWISE AGREED BY THE CITY AND THE OWNER; AND (2) A PERMANENT PARKING MANAGEMENT AGREEMENT, LEASE AGREEMENT, LICENSE AGREEMENT, CONVEYANCE, AND/OR TEMPORARY USE AGREEMENT (PERMANENT AGREEMENT, AND TOGETHER WITH THE INITIAL AGREEMENT, THE AGREEMENTS), AS APPLICABLE, SAID PERMANENT AGREEMENT TO COVER ALL OR A PORTION OF THE GARAGE PROPERTY, TO ENABLE THE CITY TO USE, ACCESS, AND/OR OPERATE THE PUBLIC BENEFIT PARKING SPACES IN PERPETUITY FOLLOWING THE TEMPORARY PUBLIC PARKING PERIOD, AS CONTEMPLATED BY SECTION 5(B) OF THE DEVELOPMENT AGREEMENT, AND ADDITIONAL SPACES ON A TEMPORARY BASIS AS MAY OTHERWISE BE AGREED BY THE CITY AND THE OWNER; AND FURTHER, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE ANY OF THE SAID AGREEMENTS IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. WHEREAS, Deauville Associates, LLC ("Owner") holds fee simple title to the property located at 6625 Indian Creek Drive and identified by Miami -Dade County Folio No. 02-3211-007- 1800 ("Garage Property"); and WHEREAS, the City, on the one hand, and TMC 67 Communities LLC and Owner (collectively, "Developer"), on the other hand, entered into that certain development agreement dated June 27, 2025 and recorded in the Official Records of Miami -Dade County, Florida at Book 34913, Page 4492, approved by the Mayor and City Commission via Resolution No. 2025-33804, to memorialize the Developer's commitment to partially reconstruct the Deauville Hotel, agree to deadlines and milestones for the project, and provide additional public benefits intended to revitalize the North Beach neighborhood ("Development Agreement"); and WHEREAS, the public benefits memorialized in the Development Agreement include, among other benefits, 150 public parking spaces ("Public Benefit Parking Spaces") within the Garage Property to be dedicated to the City for use as public parking; and WHEREAS, pursuant to Section 5(b)(iv) of the Development Agreement, the Owner shall lease, convey, or otherwise permit the City to use the Public Benefit Parking Spaces immediately, for a period of not less than twenty-four (24) months ("Temporary Parking Period"), and following the Temporary Parking Period, in perpetuity; and WHEREAS, pursuant to Section 5(b)(vi) of the Development Agreement, the City shall be responsible for the operation and standard maintenance of the Public Benefit Parking Spaces within the Garage Property; and WHEREAS, to facilitate the City's utilization of the Public Benefit Parking Spaces during and following the Temporary Parking Period, the Mayor and City Commission and the Developer now desire to negotiate and enter into a temporary parking management agreement, permanent lease agreement, license agreement, conveyance, and/or use agreement, as applicable, concerning the Public Benefit Parking Spaces consistent with Sections 5(b)(iv) and (vi) of the Development Agreement, as well as additional spaces on a temporary basis, as may be agreed to between the City and the Owner. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby authorize the City Manager to negotiate with Deauville Associates, LLC ("Owner") (1) a temporary parking management agreement ("Initial Agreement"), said Initial Agreement to cover all or a portion of the garage located at 6625 Indian Creek Drive, Miami Beach, Florida ("Garage Property"), to enable the City to use, access, and/or operate the parking spaces to be made available by the Owner for public use at the Garage Property ("Public Benefit Parking Spaces") immediately, for a period of not less than 24 months ("Temporary Public Parking Period"), as contemplated by section 5(b) of that certain Development Agreement between the City and the developer, as recorded in the Official Records of Miami -Dade County, Florida at Book 34913, Page 4492 ("Development Agreement"), and as otherwise agreed by the City and the Owner; and (2) a permanent parking management agreement, lease agreement, license agreement, conveyance, and/or temporary use agreement ("Permanent Agreement", and together with the Initial Agreement, the "Agreements"), as applicable, said Permanent Agreement to cover all or a portion of the Garage Property, to enable the City to use, access, and/or operate the Public Benefit Parking Spaces in perpetuity following the Temporary Public Parking Period, as contemplated by section 5(b) of the Development Agreement, and additional spaces on a temporary basis as may otherwise be agreed by the City and the Owner; and further, authorize the City Manager and City Clerk to execute any of the said Agreements in a form acceptable to the City Attorney. PASSED and ADOPTED this c� day of 2026. ATTEST: 7�4 JUN 2 6 2026 Rafael E. Granado, City Clerk (Sponsored by Commissioner Tanya K. Bhatt) Stevan Meiner, Mayor ti.a ate, +IV�03°INKED,-*APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 2 � City Attorney �� Resolutions - C7 W MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: City Attorney Ricardo J Dopico DATE: June 24, 2026 TITLE: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO NEGOTIATE A PARKING MANAGEMENT AGREEMENT, LEASE AGREEMENT, LICENSE AGREEMENT, AND/OR TEMPORARY USE AGREEMENT (AGREEMENT). AS APPLICABLE. WITH DEAUVILLE ASSOCIATES, LLC (OWNER). SAID AGREEMENT TO COVER ALL OR A PORTION OF THE GARAGE LOCATED AT 6625 INDIAN CREEK DRIVE, MIAMI BEACH, FLORIDA (GARAGE PROPERTY), TO ENABLE THE CITY TO USE, ACCESS, AND/OR OPERATE THE PARKING SPACES TO BE MADE AVAILABLE BY THE OWNER FOR PUBLIC USE AT THE GARAGE PROPERTY, AS CONTEMPLATED BY SECTION 5(B)(VI) OF THAT CERTAIN DEVELOPMENT AGREEMENT BETWEEN THE CITY AND THE DEVELOPER. AS RECORDED IN THE OFFICIAL RECORDS OF MIAMI-DADE COUNTY, FLORIDA AT BOOK 34913, PAGE 4492, AND AS OTHERWISE AGREED BY THE CITY AND THE OWNER, AND FURTHER. AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE AGREEMENT IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. RECOMMENDATION BACKGROUND/HISTORY ANALYSIS The attached Resolution was prepared at the request of Commissioner Tanya K. Bhatt. FISCAL IMPACT STATEMENT NA Does this Ordinance require a Business Impact Estimate? (FOR ORDINANCES ONLY) If applicable, the Business Impact Estimate (BIE) was published on: See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/ FINANCIAL INFORMATION 823 of 2591 CONCLUSION Applicable Area Citywide Is this a "Residents Right to Know" item, pursuant to City Code Section 2-17? No Is this item related to a G.O. Bond Project? No Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481, includes a principal engaged in lobbying? No If so, specify the name of lobbyist(s) and principal(s): Department City Attorney Sponsor(s) Commissioner Tanya K. Bhatt Co-sponsor(s) Condensed Title NR- Authorizing City Manager Negotiate Parking Agmt, TMG 67 & Deauville. (TB) CA Previous Action (For City Clerk Use Only) Not reached on 5/20/2026 - C7 AW 824 of 2591