2004-25509 ResoRESOLUTION NO. 2004-25509
A RESOLUTION OF THE MAYOR AND MEMBERS OF THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA
RELATIVE TO A PROPOSED SETTLEMENT AGREEMENT OF
THE LITIGATION WITH EAST COASTLINE DEVELOPMENT,
LTD., AND OTHER PORTOFINO-RELATED ENTITIES,
AND INVOLVING THE RELATED GROUP OF FLORIDA AND/OR
OTHER RELATED ENTITLES, AND INVOLVING THE
DEVELOPMENT OF PROPERTIES KNOWN AS THE ALASKA
PARCEL, GOODMAN TERRACE AND HINSON PARCELS, AND
BLOCKS 1, 51 AND 52 IN THE SOUTH POINTE AREA OF MIAMI
BEACH.
Whereas, East Coastline Development, Ltd., and other Portofino-related entities
("Portofino"), have sued the City over certain actions taken by the City Commission
and the Miami Beach electorate on land development regulations and charter
amendments affecting their properties in the South Pointe area, namely the Alaska
Parcel, Goodman Terrace and Hinson Parcels, and Blocks 1, 51, and 52 (collectively,
the "Properties"); and
Whereas, the pending cases are as follows:
West Side Partners, Ltd., a Florida limited partnership; East Coastline Development, Ltd.,
a Florida limited partnership; 404 Investments, Ltd., a Florida limited partnership; Azure
Coast Development, Ltd., a Florida limited partnership; Beachwalk Development
Corporation, a Florida corporation; Portofino Real Estate Fund, Ltd., a Florida limited
partnership; St. Tropez Real Estate Fund, Ltd., a Florida limited partnership; and Sun &
Fun, Inc., a Florida corporation, vs. City of Miami Beach, a Florida municipal
corporation. Eleventh Judicial Circuit, General Jurisdiction, Case No. 98-13274 CA-30;
East Coastline Development, Ltd., a Florida limited partnership vs. City of Miami Beach,
a Florida municipal corporation. Circuit Court of the Eleventh Judicial Circuit of Florida,
General Jurisdiction Division, Case No. 01-26231 CA 32 (removed to US Dist. Court,
So. Dist. of Fla. Case No. 01-4921 CIV-MORENO);
East Coastline Development, Ltd., a Florida limited partnership, and Catherine F.
Colonnese, a registered voter in the City of Miami Beach, Florida, vs. City of Miami
Beach, a Florida municipal corporation. Circuit Court of the Eleventh Judicial Circuit of
Florida, General Jurisdiction Division, Case No. 01-25812 CA 30 (on Appeal in Third
District Court of Appeal Case No. 3DO1-3350);
East Coastline Development, Ltd vs. City of Miami Beach and the State of Florida,
Department of Community Affairs. State of Florida, Division of Administrative Hearing
Case No. 02-3283; and
Whereas, the West Side case involves, inter alia, claims under the Bert J. Harris Jr.,
Private Property Rights Protection Act of Florida; and
Whereas, Portofino has sold some of its interests in the Properties to The Related
Group of Florida and/or other entities (collectively "Related"); and
Whereas, Portofino and Related have approached the City through representatives
and offered to settle all of the pending litigation matters, if certain development rights
are restored and other consideration is given to facilitate development of the Properties;
and
Whereas, the City's representatives have attempted to negotiate a settlement
whereby certain benefits will accrue to the City as a result of the settlement, including
conveyance of a substantial portion of the Alaska parcel, and other benefits related to
such property and to the neighborhood where the Properties are located; and
Whereas, the City Commission desires to enter into a settlement agreement
substantially in accordance with the term sheet attached hereto and incorporated herein
as Exhibit "A", subject to: Portofino's dismissal of all pending actions and the
exchange of full releases, and the City Commission's future consideration of concept
plans and amendments to the City's Land Development Regulations and
Comprehensive Plan, as necessary to implement the settlement, over which the City
Commission reserves full jurisdiction and authority in accordance with all applicable
requirements of state and local law, including the filing of applications, holding of
public hearings, and the reservation of full governmental and regulatory authority of
appropriate City boards, including the City Commission, to approve or deny such
applications.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, that it approves, in concept,
the settlement as described above, subject to the reservation of authority described
above and consistent with applicable Florida law, and directs the City Administration
and City Attorney to prepare a settlement agreement with representatives of the above
parties to be brought before this Commission for approval, and directs them to take
such actions as are necessary to implement the settlement with the above parties,
pending action of the City Commission formally approving the settlement agreement,
subject to the reserved discretion of the City Commission as described above and, in the
absence of a settlement, to represent the City as needed in the pending litigation.
PASSED AND ADOPTED
February ., 2004.
AT~EST:
CITY CLERK
Resolut±on lqo. 2004-25509
THIS ~
V '- ~' MAYOR
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
' I (~ity AttOrney Date
F:~atto~HELG\LITIGATI\Alaska\Mediation\SETTLEMENT RESOLUTION.doc
PORTOFINOIRELATED - CITY OF MIAMI BEACH FINAL TERM SHEET
FEBRUARY 25, 2004
Goodman/Hinson/Alaska
a. Alaska Zoning remains MR; FAR remains .25; Height limit remains at 40 ft.
b. Developer will deed to City approximately 80,450 sq. ft. of Alaska (excluding
Washington Avenue Extension) as shown on attached map prepared by
Cooper, Robertson & Partners.
c. Goodman/Hinson zoning remains CPS-3; FAR increased to allow 296,000 sq.
ft., which represents approximately 3.1 FAR; FAR prior to downzoning was 3.5
which would have permitted approximately 335,000 SF
d. Tower siting and massing subject to Concept Plan being developed and
approved by the parties.
e. Developer will provide Street Level Retail fronting South Pointe Drive, subject
to concept plan.
f. City will modify regulations for MR district or other regulations, or otherwise
allow (i.e. covenant in lieu of Unity of Title) required parking on the northern
120' of Alaska adjacent to the southern Goodman/Hinson property line for
benefit of Goodman & Hinson Tower.
g. The City may elect to proceed with parking garage or some amount of retail
servicing the Baywalk on its portion of Alaska, up to .25 FAR, which is
approximately 28,000 sq. ft., which may clad the Parking Pedestal. The City
and Public may proceed to implement a preferred concept plan such as plan
presented by Cooper, Robertson & Partners, to create a unified park (i.e.
portion of Alaska deeded to City joined with portion of Washington Avenue
Extension and South Pointe Park west of S&W), with other programmed uses.
h. Developer may incorporate commercial accessory uses to clad the Parking
Pedestal on the east or west garage frontages, on its portion of Alaska, the
floor area for such commercial accessory use will be limited to .25 FAR, or
approximately 9,000 sq. ft. less the floor area required for the Developer's
project on its portion of Alaska.
i. Height on Goodman/Hinson will not exceed 270 ft. and if concept plan allows,
height may be increased to 300 ft.
Federal Trian,qle
a. If Developer obtains Federal Government approval, the City will deed to
Developer approximately 3,150 sq. ft. of Federal Triangle and the Developer
will deed to City approximately 3,150 sq. ft. of Alaska.
b. Remaining depth of Federal Triangle land along the water, owned by the City,
will be approximately 110 ft. but will be subject to final concept plan.
c. Portion of Federal Triangle deeded to Developer will be allowed for parking.
d. All conveyances of the Federal Triangle are subject to any and all Federal
Government approvals, which Developer will diligently pursue and City will
cooperate.
e. In the event the City is unable to deed the portion of the Federal Triangle to the
Developer, then to facilitate the development, and subject to Federal
Government approval,
i. there will be no required set-backs from the Federal Triangle onto
Goodman/Hinson/Alaska, based on a Covenant in Lieu of Unity of Title,
and
ii. the Developer will be allowed to drive across the surface with no
structure overhead.
Baywaik/Boat Basin
a. Developer is pursuing permit approval to fill in Boat Basin. If Boat Basin
cannot be filled in or bridged over, then an additional 25 ft. set back around the
eastern end of the boat basin will be deeded to City to preserve the continuity
of the Baywalk. Parties will evaluate the navigability of the Boat Basin.
Developer will construct, at Developer's direct cost and expense, all shoreline
restoration work, including filling in or bridging the Boat Basin area, seawall
construction and Baywalk improvements and furnishings from South Pointe
Park to Murano at Portofino.
Exhibit "A"
Washin,qton Avenue Extension
The Washington Avenue Extension (42,000 sq. ft.) will be deeded to the City, at
City's option, and if option is exercised, the Washington Avenue Extension
Easement Dedication Agreement will terminate subject to a covenant to rebuild for
FAR and Setback purposes.
Blocks 51/52
a. Zoning remains CPS -1; FAR increased from 1.0 to 1.5, which is less than the
2.0 FAR that was in effect prior to down zoning in 1998. Height limit remains
75 feet.
b. On Block 51, City agrees to allow Developer to bridge over the alley to access
parking on the north side of Block 51.
c. City further allows Developer to build on the corner lots the City owns on the
south side of Block 51 at an FAR of 1.5.
d. Developer shall have right to develop the required parking for Shops at
Portofino on Block 51, with a restrictive covenant. This parking will correspond
to any increased FAR between 1.5 and 2.0 on Block 51.
Block
a,
1
Zoning remains CPS-I. FAR increased from 1.0 to 2.0, which is the FAR that
was in effect prior to the down zoning in 1998. Height limit remains at 40 ft.
fronting the street and steps up to 75 ft. for that portion of the structure that
provides a 20 ft. setback, above the 40 ft. height, from the property line.
Retail and/or residential will be built fronting Ocean Drive and parking will be
built fronting Collins Avenue. Building and parking will be subject to Concept
Plan being developed and approved by the parties.
In order for more efficient parking structure and/or potential open space, the
City will vacate the southern portion of the alley and may evaluate vacating the
entire alley, subject to agreement by any 3rd party owners, which will be
counted and included as part of Developers development rights at 2.0 FAR.
Sequencing & Miscellaneous
a. All land areas specified herein are subject to verification by a current, accurate
survey.
b. Upon completion of all improvements on Block 51, 52, Goodman/Hinson, and
Alaska Developer will amend DRI to reflect as built condition.
c. If excess parking for the Public proves feasible within any of the
aforementioned parking structures, Developer will construct such Public
Parking at Developer cost and City expense.
d. Concept Plan will be developed in coordination and collaboration with
Neighborhood representatives.
Other Developer Obli,qationsl at Developer's sole cost and expense
a. Developer will construct the deceleration lane at 5th & Alton.
b. Developer will pay for the cost of City's consultant to develop Concept Plan
reflecting agreement of parties.
Other Developer Obli.qations, at City's sole cost and expense
Developer will design build, at Developer's direct cost and at City's expense, City
Improvements (TBD) utilizing Developer's architect, to be constructed concurrently
with the tower to be constructed on Goodman/Hinson, including without limitation, a
garage in the park or improvements on Alaska.
F:~cmgr\SALL~CHRISTIN\Podofino~2004 Feb 25 TERM SHEET Final.doc
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