641-2019 RDA RESOLUTION NO, 641-2019
A RESOLUTION OF THE CHAIRPERSON AND MEMBERS OF THE
MIAMI BEACH REDEVELOPMENT AGENCY APPROVING THE
SETTLEMENT BETWEEN THE MIAMI BEACH REDEVELOPMENT
AGENCY AND THE YACHT CLUB AT PORTOFINO CONDOMINIUM
ASSOCIATION, INC., MIAMI BEACH MARINA ASSOCIATES, LTD., AND
THE CITY OF MIAMI BEACH, FLORIDA, AND AUTHORIZING THE
EXECUTIVE DIRECTOR AND GENERAL COUNSEL TO TAKE THE
NECESSARY AND APPROPRIATE STEPS FOR THE IMPLEMENTATION
THEREOF; AND FURTHER AUTHORIZING THE EXECUTIVE DIRECTOR
AND SECRETARY TO EXECUTE ANY DOCUMENTS AND/OR
AGREEMENTS, AS REQUIRED, TO EFFECTUATE THE TERMS OF THE
SETTLEMENT; AND FURTHER APPROVING AND AUTHORIZING THE
CHAIRPERSON AND THE SECRETARY TO EXECUTE, AS PART OF
SUCH SETTLEMENT, A FIRST AMENDMENT TO THE LEASE
AGREEMENT AMONG THE CITY OF MIAMI BEACH, THE MIAMI BEACH
REDEVELOPMENT AGENCY, AND THE YACHT CLUB AT PORTOFINO
CONDOMINIUM ASSOCIATION, INC.
WHEREAS, the Yacht Club at Portofino Condominium is a condominium located
at 90 Alton Rd, Miami Beach, FL 33139, and was developed by Yacht Club at Portofino,
Ltd., as evidenced in the Declaration Condominium, recorded in Official Records Book
18784 at Page 2578 of the Public Records of Miami-Dade County, Florida; and
WHEREAS, on or about November 30, 1998, the Yacht Club at Portofino, Ltd., the
City of Miami Beach, and the Miami Beach Redevelopment Agency (the "RDA") entered
into a 101-year lease agreement (the "Yacht Club Lease") for the leasing of parking
spaces and permanent laundry, lavatory and shower facilities located within the "City
Unit", as set forth in the Yacht Club Lease, and intended for use by third party beneficiary,
Miami Beach Marina Associates, Ltd. (the "Marina"); and
WHEREAS, on September 16, 1999, the Yacht Club at Portofino Condominium
Association was formed pursuant to the Yacht Club at Portofino Condominium
Association's Declaration of Condominium, and the Yacht Club at Portofino Condominium
Association Inc. is the successor in interest to the Yacht Club at Portofino, Ltd. for the
Yacht Club Lease; and
WHEREAS, on July 28, 2017, the Yacht Club at Portofino Condominium
Association Inc. filed a lawsuit for damages and eviction under the Yacht Club Lease
against the City, the RDA, and the Marina in Yacht Club at Portofino Condominium
Association, Inc. v. The City of Miami Beach et. al., Case No. 2017-18335 CA 05, in the
Eleventh Judicial Circuit in and for Miami-Dade County (the "Lawsuit"); and
WHEREAS, the City and the RDA filed a counterclaim in the Lawsuit seeking
declaratory relief pursuant to the Declaratory Judgment Act, 86.111, Fla. Stat.; and
WHEREAS, on April 10, 2019, the Mayor and City Commission held an Executive
Session to discuss the settlement agreement regarding the Yacht Club Lease and
pending litigation with the Yacht Club at Portofino Condominium Association Inc.; and
WHEREAS, the Mayor and City Commission directed the City Attorney's Office to
prepare the settlement agreement and lease amendment in accordance with the direction
provided at the Executive Session; and
WHEREAS, the Administration recommends in favor of approving the settlement
agreement and executing the lease amendment pursuant to the direction of the Mayor
and City Commission.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CHAIRPERSON AND
MEMBERS OF THE MIAMI BEACH REDEVELOPMENT AGENCY,that the Chairperson
and Members of the Miami Beach Redevelopment Agency hereby approve the settlement
between the Miami Beach Redevelopment Agency and the yacht Club Condominium
Association, Inc., Miami Beach Marina Associates, Ltd., and the City of Miami Beach,
Florida, and authorize the Executive Director and General Counsel to take the necessary
and appropriate steps for the implementation thereof; and further authorize the
Chairperson and Secretary to execute any documents and/or agreements, as required,
to effectuate the terms of the settlement; and further approve and authorize the
Chairperson and Secretary to execute, as part of such settlement, a first amendment to
the lease agreement among the City of Miami Beach, the Miami Beach Redevelopment
Agency, and the Yacht Club at Portofino Condominium Association, Inc.
PASSED and ADOPTED THIS ?V day of Qiar2019.
ATTEST:
...a1111111107
Dan Gelber, Mayor
Lt� r,9
Rafael E. Granado, City Clerk
APPROVED AS TO
_' ;...Bl '1FORM &LANGUAGE
,./114% &FOR EXECUTION!
•�� .,
1
INCORP ORATED City city Attorney Date
9 CH4111144
6
Redevelopment Agency - RDA 1.
MIAMI BEACH .
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Raul J.Aguila, City Attorney
DATE: April 24, 2019
SUBJECT:A RESOLUTION OF THE CHAIRPERSON AND MEMBERS OF THE MIAMI
BEACH REDEVELOPMENT AGENCY APPROVING THE SETTLEMENT
BETWEEN THE MIAMI BEACH REDEVELOPMENT AGENCY AND THE
YACHT CLUB AT PORTOFINO CONDOMINIUM ASSOCIATION, INC., MIAMI
BEACH MARINA ASSOCIATES, LTD., AND THE CITY OF MIAMI BEACH,
FLORIDA, AND AUTHORIZING THE EXECUTIVE DIRECTOR AND
GENERAL COUNSEL TO TAKE THE NECESSARY AND APPROPRIATE
STEPS FOR THE IMPLEMENTATION THEREOF; AND FURTHER
AUTHORIZING THE EXECUTIVE DIRECTOR AND SECRETARY TO
EXECUTE ANY DOCUMENTS AND/OR AGREEMENTS, AS REQUIRED, TO
EFFECTUATE THE TERMS OF THE SETTLEMENT; AND FURTHER
APPROVING AND AUTHORIZING THE CHAIRPERSON AND THE
• SECRETARY TO EXECUTE, AS PART OF SUCH SETTLEMENT, A FIRST
AMENDMENT TO THE LEASE AGREEMENT AMONG THE CITY OF MIAMI
BEACH, THE MIAMI BEACH REDEVELOPMENT AGENCY, AND THE
YACHT CLUB AT PORTOFINO CONDOMINIUM ASSOCIATION, INC. JOINT
CITY COMMISSION AND REDEVELOPMENT AGENCY
RECOMMENDATION
Pursuant to the recommendation of the Mayor and City Commission at the Closed Attorney-
Client Session of April 10, 2019 to approve the Settlement Agreement between the City of
Miami Beach, Florida and the Yacht Club at Portofino Condominium Association, Inc., the
above referenced Resolution is submitted for consideration by the Mayor and City Commission
at the April 24, 2019 Commission meeting.
Legislative Tracking
Office of the City Attorney
ATTACHMENTS:
Description
❑ Resolution
Page 31 of 33
RESOLUTION NO.
A RESOLUTION OF THE CHAIRPERSON AND MEMBERS OF THE
MIAMI BEACH REDEVELOPMENT AGENCY APPROVING THE
SETTLEMENT BETWEEN THE MIAMI BEACH REDEVELOPMENT
AGENCY AND THE YACHT CLUB AT PORTOFINO CONDOMINIUM
ASSOCIATION, INC., MIAMI BEACH MARINA ASSOCIATES, LTD., AND
THE CITY OF MIAMI BEACH, FLORIDA, AND AUTHORIZING THE
EXECUTIVE DIRECTOR AND GENERAL COUNSEL TO TAKE THE
NECESSARY AND APPROPRIATE STEPS FOR THE IMPLEMENTATION
THEREOF; AND FURTHER AUTHORIZING THE EXECUTIVE DIRECTOR
AND SECRETARY TO EXECUTE ANY DOCUMENTS AND/OR
AGREEMENTS, AS REQUIRED, TO EFFECTUATE THE TERMS OF TAE
SETTLEMENT; AND FURTHER APPROVING AND AUTHORIZING THE
CHAIRPERSON AND THE SECRETARY TO EXECUTE, AS PART OF
SUCH SETTLEMENT, A FIRST AMENDMENT TO THE LEASE
AGREEMENT AMONG THE CITY OF MIAMI BEACH, THE MIAMI BEACH'
REDEVELOPMENT AGENCY, AND THE YACHT CLUB AT PORTOFINO
CONDOMINIUM ASSOCIATION, INC.
WHEREAS, the Yacht Club at Portofino Condominium is a condominium located
at 90 Alton Rd, Miami Beach, FL 33139, and was developed by Yacht Club at Portofino,
Ltd., as"evidenced in the Declaration Condominium, recorded in Official Records Book
- 18784 at Page 2578 of the Public Records of Miami-Dade County, Florida; and
WHEREAS, on or about November 30, 1998, the Yacht Club at Portofino, Ltd., the
City of Miami Beach, and the Miami Beach Redevelopment Agency (the "RDA") entered
into a 101-year lease agreement (the "Yacht Club Lease") for the leasing of parking
spaces and permanent laundry, lavatory and shower facilities located within the "City
Unit", as set forth in the Yacht Club Lease, and intended for use by third party beneficiary,
Miami Beach Marina Associates, Ltd. (the "Marina"); and
WHEREAS, on September 16, 1999, the Yacht Club at Portofino Condominium
Association was formed pursuant to the Yacht Club at Portofino Condominium
Association's Declaration of Condominium, and the Yacht Club at Portofino Condominium
Association Inc. is the successor in interest to the Yacht Club at Portofino, Ltd. for the
Yacht Club Lease; and
WHEREAS, on July 28, 2017, the Yacht Club at Portofino Condominium
Association Inc. filed a lawsuit for damages and eviction under the Yacht Club Lease
against the City, the RDA, and the Marina in Yacht Club at Portofino Condominium
Association, Inc. v. The City of Miami Beach et. al., Case No. 2017-18335 CA 05, in the
Eleventh Judicial Circuit in and for Miami-Dade County (the "Lawsuit"); and
WHEREAS, the City and the RDA filed a counterclaim in the Lawsuit seeking
declaratory relief pursuant to the Declaratory Judgment Act, 86.111, Fla. Stat.; and
WHEREAS, on April 10, 2019, the Mayor and City Commission held an Executive
Page 32 of 33
Session to discuss the settlement agreement regarding the Yacht Club Lease and
pending litigation with the Yacht Club at Portofino Condominium Association Inc.; and
WHEREAS, the Mayor and City Commission directed the City Attorney's Office to
prepare the settlement agreement and lease amendment in accordance with the direction
provided at the Executive Session; and
WHEREAS, the Administration recommends in favor of approving the settlement
agreement and executing the lease amendment pursuant to the direction of the Mayor
and City Commission.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CHAIRPERSON AND
MEMBERS OF THE MIAMI BEACH REDEVELOPMENT AGENCY, that the Chairperson
and Members of the Miami Beach Redevelopment Agency hereby approve the settlement
between the Miami Beach Redevelopment Agency and the Yacht Club Condominium
Association, Inc., Miami Beach Marina Associates, Ltd., and the City of Miami Beach,
Florida, and authorize the Executive Director and General Counsel to take the necessary
and appropriate steps for the implementation thereof; and further authorize the
Chairperson and Secretary to execute any documents and/or agreements, as required,
to effectuate the terms of the settlement; and further approve and authorize the
Chairperson and Secretary to execute, as part of such settlement, a first amendment to
the lease agreement among the City of Miami Beach, the Miami Beach Redevelopment
Agency, and the Yacht Club at Portofino Condominium Association, Inc.
PASSED and ADOPTED THIS day of 2019.
ATTEST:
Dan Gelber, Mayor
Rafael E. Granado, City Clerk
APPROVED AS TO
FC)fM&LAWGUp.oE
&FOR EXDCU1 ION
ic;2___ __. Alt
City Atten ley 1 Date
lit
Page 33 of 33