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2004-25500 Reso RESOLUTION NO. 2004-25500 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING THE FIRST PUBLIC HEARING, IN ACCORDANCE WITH THE REQUIREMENTS OF SECTIONS 163.3220 -163.3243, FLORIDA STATUTES, ALSO REFERRED TO AS THE FLORIDA LOCAL GOVERNMENT DEVELOPMENT AGREEMENT ACT, ON WEDNESDAY, MARCH 17, 2004, TO CONSIDER APPROVING, ON FIRST READING, A PROPOSED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND AR&J SOBE, LLC (a/kla POTAMKIN/BERKOWITZ) FOR THE DEVELOPMENT OF THE PROJECT, PRESENTLY REFERRED TO AS "5TH AND ALTON", CONTAINING APPROXIMATELY 179,000 SQUARE FEET OF RETAIL AREA AND A SUPERMARKET AND AN APPROXIMATE 943 SPACE PARKING GARAGE FACILITY, INCLUDING AN INTERMODAL/TRANSPORTATION COMPONENT, AN INTEGRATED PARKING GARAGE, VERTICAL TRANSPORTATION, RAMPS, VENTILATION, ETC., AND SURROUNDING STREETSCAPE AND PUBLIC INFRASTRUCTURE TO SERVE THE PROJECT, BOUNDED BY LENOX AVENUE ON EAST, ALTON ROAD ON WEST, 6th STREET ON NORTH AND 5th STREET ON THE SOUTH, IN MIAMI BEACH. WHEREAS, in July 2002, the Administration began meeting with representatives of the site generally located on 5th Street and Alton Road, owned by the Potamkin family, to review a preliminary site plan for a five (5) level mixed-use retail complex, including over 900 parking spaces; and WHEREAS, one of the proposed commercial uses for the project included a supermarket and, to that end, Publix issued a letter of intent to lease a ground floor area in the complex; and WHEREAS, in accordance with the City Commission's directive and the community's identified needs, the City's interest in the project development was primarily focused on achieving the public benefit of locating a supermarket, exploring transit and excess parking opportunities, and developing a gateway project at one of the City's main arterial entryway; and WHEREAS, the proposed site contains approximately three (3) acres, and a vacation of the public alley would also be required for the project to proceed; and WHEREAS, on October 25, 2002, the Finance and Citywide Projects Committee discussed this proposal to determine the City's interest in the project and the Committee made a motion to authorize the Administration to move forward and fine tune negotiations with the project developers; and WHEREAS, over the past year, the City Administration has worked diligently with the project developers to negotiate terms that would serve in the mutual best interest of the parties; and WHEREAS, a term sheet, reflecting the terms negotiated by the parties, was presented to the Finance and Citywide Projects Committee on December 22, 2003; and WHEREAS, the project developers continue with their outreach initiative, scheduling meetings with various Citywide committees to present the proposed project schematics and to obtain community input; and WHEREAS, concurrent actions required to finalize a Development Agreement include negotiation of a: . Declaration of Restrictions and Reciprocal Easement Agreement ("DR&REA") that will govern the parties and the operation and management of the public garage within the project; . Final operating proforma for the operation and management of the garage within the project; . Clarification of all Federal Transportation Administration (FT A) funding requirements and restrictions; and WHEREAS, subject to these conditions, the Administration recommends setting the Public Hearing to approve the Development Agreement on First Reading on March 17, 2004, the Second Public Hearing will include the City Commission's consideration of the DR&REA. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby set the first Public Hearing, in accordance with the requirements of Sections 163.3220-163.3243, Florida Statutes, also referred to as the Florida Local Government Development Agreement Act, on Wednesday, March 17, 2004, to consider approving, on first reading, a proposed Development Agreement between the City of Miami Beach and AR&J SOBE, LLC (a/k/a Potamkin/Berkowitz) for the development of the project, presently refereed to as "5th and Alton", containing approximately 179,000 square feet of retail area and a supermarket and an approximate 943 space parking garage facility, including an intermodal/transportation component, an integrated parking garage, vertical transportation, ramps, ventilation, etc., and surrounding streetscape and public infrastructure to serve the project, bounded by Lenox Avenue on East, Alton Road on West, 6th Street on North and 5th Street on the South, in Mia . Beach. PASSED and ADOPTED this 25th day of February 0 . ATTEST: ~t~~ CITY CLERK APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION JMG/CMC/rar T:\AGENDA\2004\Feb2504\Consent\Potarridn.RES.doc /1 h 1K1n,,// ~ '2.-'UJ-r)l{ /~ Date CllY OF MIAMI BEACH' CONMISSION ITEM SUMMARY m Condensed Title: A Resolution Setting the First Public Hearing, in accordance with the requirements of Sections 163.3220- 163.3243, Florida Statutes, also referred to as the Florida Local Government Development Agreement Act, on Wednesday, March 17, 2004, to consider approving, on First Reading, a proposed Development Agreement between the City of Miami Beach and AR&J SOBE, LLC (alkla Potamkin/Berkowitz) for the development of the project, presently referred to as "5th and Alton", containing approximately 179,000 square feet of retail area and a supermarket and an approximate 943 space parking garage facility, including an intermodalllransportation component, an integrated parking garage, vertical transportation, ramps, ventilation, etc., and surrounding streetscape and public infrastructure to serve the project, bounded by Lenox Avenue on east, Allon Road on west, 6th Street on north and 5th Street on the south, in Miami Beach. Issue: Shall the Mayor and City Commission set the Public Hearing for the first Reading of a Development Agreement between City of Miami Beach and AR&J SOBE, LLC (a1k1a Potamkin/Berkowitz)? Item Summa IRecommendation: A Resolution setting the Public Hearing to approve the Development Agreement on First Reading on March 17, 2004 whereby the City will participate in a joint development opportunity to construct public parking within a mixed use project at the entryway to the City at 5th Street and Allon Road. A Second Public Hearing will include the City Commission's consideration of the Declaration of Restrictions and Reciprocal Easement Agreement that will govern the parties and the operation and management of the ublic ara e within the ro'ecl. Adviso Board Recommendation: Finance & Citywide Projects Committee - December 22, 2003 - Referred to full Commission. 2, 2004 -Will review further on March 1, 2004 Financial Information: Source of Funds: D Finance Depl. City Clerk's Office Legislative Tracking: I Christina M. Cuervo Si n-Offs: T:\AGENDA\2004\Feb2504\Consent\Potani<in.SUM.doc AGENDA ITEM DATE G7;11 :;2 -JS-Ol( CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.miamibeachfLgov To: From: Subject: COMMISSION MEMORANDUM Mayor David Dermer and Members of the City Commission Date: February 25, 2004 Jorge M. Gonzalez \ ~ r-- City Manager O~1) A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING THE FIRST PUBLIC HEARING, IN ACCORDANCE WITH THE REQUIREMENTS OF SECTIONS 163.3220. 163.3243, FLORIDA STATUTES, ALSO REFERRED TO AS THE FLORIDA LOCAL GOVERNMENT DEVELOPMENT AGREEMENT ACT, ON WEDNESDAY, MARCH 17,2004, TOCONSIDERAPPROVING,ON FIRST READING, A PROPOSED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND AR&J SOBE, LLC (alkla POTAMKIN/BERKOWITZ) FOR THE DEVELOPMENT OF THE PROJECT, PRESENTLY REFERRED TO AS "5TH AND ALTON", CONTAINING APPROXIMATELY 179,000 SQUARE FEET OF RETAIL AREA AND A SUPERMARKET AND AN APPROXIMATE 943 SPACE PARKING GARAGE FACILlTY,INCLUDINGAN INTERMODAUTRANSPORTATION COMPONENT, AN INTEGRATED PARKING GARAGE, VERTICAL TRANSPORTATION, RAMPS, VENTILATION, ETC., AND SURROUNDING STREETSCAPE AND PUBLIC INFRASTRUCTURE TO SERVE THE PROJECT, BOUNDED BY LENOX AVENUE ON EAST, ALTON ROAD ON WEST, 6th STREET ON NORTH AND 5th STREET ON THE SOUTH, IN MIAMI BEACH. RECOMMENDATION Adopt the Resolution ANALYSIS In July 2002, the Administration began meeting with representatives of the site generally located on 5th Street and Alton Road, owned by the Potamkin family, to review a preliminary site plan for a five (5) level mixed-use retail complex, including over 900 parking spaces. One of the proposed commercial uses forthe project included a supermarket and, to that end, Publix issued a letter of intent to lease a ground floor area in the complex. In accordance with the City Commission's directive and the community's identified needs, the City's interest in the project development was primarily focused on achieving the public benefit of locating a supermarket, exploring transit and excess parking opportunities, and developing a gateway project at one of the City's main arterial entryway. The proposed site contains approximately three (3) acres, and a vacation of the public alley would be required for the project to proceed. This project has been the subject of much discussion due to (1) its pivotal location at the entrance to Miami Beach from the MacArthur Causeway, (2) due to transportation/concurrency issues that will affect ingress/egress to the site, and (3) massing/height issues related to the project. To that end, the developer February 25, 2004 City Commission Memorandum Potamkin/Berkowitz - Setting Public Hearing Page 2 of 2 has been working with the City's design review and planning staff in redesigning the project to be of the highest quality, commensurate with its prominent location. On October 25, 2002, the Finance and Citywide Projects Committee discussed this proposal to determine the City's interest in the project. The Committee made a motion to authorize the Administration to move forward and fine tune negotiations with the project developers; exploring the following: the vacation of the public alley, determination of the relative value of said alley, the possibility of participating in the project as a partner in building and/or operating the garage portion of the development, and the availability of grants and other resources for funding construction of any city participation. Over the past year, the City Administration has worked diligently with the project developers to negotiate terms that would serve in the mutual best interest of the parties. The attached term sheet reflects the terms negotiated by the parties and was presented to the Finance and Citywide Projects Committee on December 22, 2003. The Committee referred the item to the full Commission for action and the Committee's comments from that meeting are incorporated in the attached term sheet in bold and italics. Concurrent with the negotiations, the Potamkin/Berkowitz group is appearing in front ofthe Planning Board to seek approval to implement a signage overlay district to permit effective signage for the Supermarket and for the retail tenants within the Project. Additionally, the project developers continue with their outreach initiative, scheduling meetings with various Citywide committees to present the proposed project schematics and to obtain community input. Since January 2004, the Developer has presented its plans before the Finance and Citywide Projects Committee and the Parking and Transportation Committee (another presentation is scheduled on 03/01/04); and are scheduled to go before the Tuesday Morning Breakfast Club and other committees. While support for the Project is generally widespread, at both the Transportation and Parking and Finance and Citywide Projects Committee, the public raised some concerns on the economic viability of the parking operation and ingress/egress challenges to the site. The parties will continue to seek further community outreach with area businesses/residents. Concurrent actions required to finalize a Development Agreement include negotiation of a: . Declaration of Restrictions and Reciprocal Easement Agreement (UDR&REA") that will govern the parties and the operation and management of the public garage within the project. . Final operating proforma for the operation and management ofthe garage within the project. . Clarification of all Federal Transportation Administration (FT A) funding requirements and restrictions. Subject to these conditions, the Administration recommends setting the Public Hearing to approve the Development Agreement on First Reading on March 17, 2004. The Second Public Hearing will include the City Commission's consideration of the DR&REA. JMG/C~rar T:\AGENDA\2004\feb2504\Consent\Potanidn.MEM.doc POT AMKIN - TERM SHEET February 25, 2004 Incorporates comments based on Finance & Citywide Projects Committee Meeting of December 22, 2003 Owner(s): City of Miami Beach ("City") and Potamkin/Berkowitz (Entity to be formed) Developer: AR&J SOBE, LLC (a/k1a Potamkin/Berkowitz or "P&B") Developer AlE (Designers): Robin Bosco with Todd Tragash Developers Corporate Status: TBD Project Description: Subject to the approval of the appropriate Boards after public hearing, Developer shall construct the Project depicted on the Project Concept Plans attached hereto, which Project, shall contain approximately 179,000 square feet of Retail Area and Supermarket and an approximate 943 space Parking Garage Property, including an intermodal/transportation component (the scope of which is to be mutually agreed to by the parties), an integrated parking garage, vertical transportation, ramps, ventilation, etc., surrounding streetscape and public infrastructure to serve the facility. Development Site: Parcel bounded by Lenox Avenue on East, Alton Road on West, 6th Street on North and 5th Street on the South, Miami Beach, defined as "Development Site" and collectively includes: "Retail Area", "Supermarket", and "Garage Property". . "Retail Area" is defined as approximately 134,000 sf of retail/commercial area on the 1 5 , 3rd and 4th levels within the Project. . "Garage Property" is the parking garage facility containing approximately 503 parking spaces to serve the Public ("Public Spaces") and the Supermarket ("Supermarket Spaces") and approximately 440 parking spaces required to serve the Retail Area ("Retail Spaces") within the Project. The Garage Property consists of Public Spaces, Supermarket Spaces and Retail Spaces. . "Supermarket" is approximately 45,000 sf area on the ground level which will be opened as a supermarket, pursuant to a long term lease. Potamkin Term Sheet February 25, 2004 Page 20'9 City Improvements: P&B will convey a condominium or air rights interest so that title to an undivided 503 parking spaces (Le. the Public Spaces and Supermarket Spaces), which spaces will be constructed in accordance with all Code requirements, (e.g. roadways), together with any public improvements, which will be owned by the City of Miami Beach. P&B Improvements: P&B will own the Retail Area, Supermarket and Retail Spaces, as well as the underlying land and all common areas (reciprocal access easements). [Finance & Citywide Projects Committee asked if restrictions can be placed on retail tenants and/or quality of tenant mix] Alley In accordance with its procedures governing same, City will vacate and convey its title, free of any encumbrances or rights to possession by any party, to P&B to the alley containing approximately 7,800 sf within the Development Site to the Project to enable development of the Project within a contiguous parcel and as consideration for the public benefits described herein. Neighboring Property: The deed shall contain a right of reverter, providing that the Alley shall be reconveyed to the City, if for any reason, the Project is not developed. 15,000 sf vacant lot on Alton Road between 6th Street and 7th Street, at 633 Alton Road. City will have a purchase option for this parcel at $1,000,000, or $66.67/sf., which option shall be exercised, if at all, and the transaction closed within three years from the Date of Commission approval of the Development Agreement. Thereafter, the City shall have the option to purchase at the then market value and/or a right of first refusal to acquire the Neighboring Property. City's intent is to exercise option if transportation planning analysis warrants acquisition. Pending development of the Neighboring Property by the City following is acquisition, if at all, the Parties may use said Property for overflow parking. Legal Descriptions: Actual legal description(s) for Retail Area, Garage Property (Le. Public Spaces, Supermarket Spaces and Retail Spaces) and Supermarket, collectively the "Project", to be finalized upon completion of the improvements - "as builts". Potamkin Term Sheet February 25, 2004 Page 30(9 Proiect Cost/Responsibilities: Retail Area and Supermarket And Retail Parking Spaces: Public and Supermarket Parking Spaces: City Funding Sources: Cost to City 'Capped: Garaae Property: City to Manage and Operate Garage: P&B shall be contributing land and constructing improvements within the Project having a value of not less than $32,000,000. City will fund $14,413/per parking space inclusive of soft costs (including but not limited to any Prevailing Wage Requirements and all site development costs, permit and concurrency fees, if applicable), or $7,250,000, as a maximum contribution from City for City's 503 parking spaces. P&B will design and construct the entire garage. CMB shall own/operate the Public and Supermarket Parking spaces, which shall be operated as a public municipal garage together with the 440 Retail Spaces. P&B will comply with all requirements of funding sources provided by City for construction of the City Improvements, (Le. 503 Public and Supermarket Spaces). P&B shall, if such requirements prove too onerous at P&B's sole discretion, have the right to terminate the sale of the Parking Spaces. [Finance & Citywide Projects Committee has problem with this previous statement. Issues must be resolved at onset} However, in consideration of the Public Benefits, including initial development of the Supermarket, the City shall convey the Alley to P&B. Developer is responsible for cost overruns. Under no set of circumstances shall the City of Miami Beach be responsible for the disbursement of any sums in excess of $7,250,000. 100% of the risk of cost overruns for construction and development of the parking garage, including the related vertical transportation, vehicular ramps, etc. shall be that of P&B. The cost to the City is fixed and capped. The City of Miami Beach shall be responsible for managing and operating the Garage Property at City garage rates in accordance with a set of guidelines and standards to be mutually agreed upon in writing by the parties, but of a quality and consistency no less Potamkin Term Sheet February 25, 2004 Page 40f9 Annual P&B Contribution: Patron Parking: Garage Operating Budget: Owner(s) Fund Any Deficit: Division of profits: than that which is utilized by the City of Miami Beach in operating and managing other garages owned or operated by it. P&B shall be responsible for providing security for the Project, including the Garage Property, janitorial, repair and maintenance services, all in accordance with a budget to be mutually agreed upon. P&B acknowledges that the City is self- insured. Notwithstanding that fact, the City shall contribute its pro rata share of the cost of Liability Insurance (minimum of $5,000,000) and Defense coverage to cover P&B in connection with any claims, including attorneys fees, arising out of operation of the Garage. P&B or its Tenants have proposed to contribute a minimum of $290,000 annually toward the Garage/Security operating budget in consideration for Retail Area daily use upon a validated basis. (The Parties have numerous details and issues left to resolve and to refine in connection with the operation and funding of the Garage.) In consideration of the annual contribution by P&B, an agreed upon quantity of parking will be assured for the employees and customers of Project's tenants, including the Supermarket, and they shall be permitted to park within the garage without incurring an additional fee on a permit or validated basis during store operating hours. In determining "Net Revenues", both parties shall agree on a reasonable operating budget for operating the Garage Property, which may include a reasonable management fee for operating the garage and for providing security, maintenance and janitorial service. The City and P&B, on a proportionate basis, shall guaranty against any operating loss and shall fund any operating (including repair/replacement costs) deficiencies for the Garage Property on an annual basis. The City and P&B shall share on a proportionate ownership basis in any net profit realized from the operation of the Garage Property. Potamkin Term Sheet February 25, 2004 Page 50'9 Parking Requirements: The Supermarket parking requirements will be satisfied within the Supermarket Spaces, herein defined, and City will provide the necessary mechanism to comply with any regulatory parking requirement for the Supermarket. Proiect Construction: Development Agreement Term: Not to exceed _ years from commencement date, and may be mutually extended by parties. (Section _ of Dev. Agrmt.) [Must discuss condo association or surviving entity to Dev. Agrmt that will govern the parties. Management and Operating Agreement for Parking. Per P&B, parties must address right to repurchase the Garage on equitable terms in the event of casualty or a substantial change in circumstances rendering the then existing use impractical or unfeasible.] ConcurrencyfTraffic Analysis: P&B will be obligated to perform a traffic analysis and mitigate and meet all concurrency requirements for the "Retail Area" and for the Supermarket, to the extent they apply. [Finance & Citywide Projects Committee stated Traffic Analysis is required as part of Project] Construction Staging: Construction staging for the Project will be confined to the Development Site or Adjacent Property (which will be made available without charge for that purpose, even if the City has exercised its option and has acquired the Adjacent Property), thereby not impacting adjacent residential areas. Performance Bond: Prior to commencement of construction, P&B shall cause G.C. to furnish City with payment and performance bond (or a dual obligee rider with P&B's Lender) or Letter of Credit to provide a Completion Guarantee for the Project. (Section _ of Dev. Agrmt.) Underground Utilities: Developer will relocate any underground utilities now existing on the Development site, if necessary, included in Developer's project costs. The City shall provide Right of Way or other utility easements to enable Developer to relocate any such underground utilities off site. Potamkin Term Sheet February 25, 2004 Page 6 of 9 Co nstruction/Perm itting: Commencement Date: Project Concept Plan: Preliminary Plans and Specs: Plans and Specs: Building Permit: Possession Date: Construction Completion: Environmental Matters: Art in Public Places (AIPP): Public Benefits: Public Space in Project: Public Benefits: Execution Date of Agreement Attached to Dev. Agreement as Exhibit To be submitted within 6 months from Commencement Date for DRB/HP approval. (Section _ of Development Agreement) To be submitted 9 months from final DRB/HP approval. (Section _ of Development Agreement) 18 months from DRB/HP approval but in any event no later than 3 years from Commencement Date Upon TCO No later than 4 years from Commencement Date, subject to unavoidable delays. "Completion Deadline" as defined in Development Agreement. P&B is responsible for any required environmental remediation within the Development Site. The City has advised that the proposed project constitutes a public joint development, and that the AIPP 1 %% will apply to the Project construction cost (per proposed revisions to ordinance). Developer has advised the City that it intends to install a major piece of Art by Romero Britto at the entrance of the Project and that if the AIPP is not waived, it will render this transaction economically infeasible, Developer shall seek a waiver of the AIPP requirement from the City Commission, simultaneously with the approval of the Development Agreement. Per P&B, if the AIPP is not waived, P&B may terminate the City's right to purchase the parking spaces and to operate the Garage as a municipal lot. P&B agrees to create a public intermodal/transportation component to the Project to serve the Public (the nature and scope of which shall be mutually agreed upon by the Parties). P&B commits to enter into a long term lease with and to construct an approximately 45,000 sf. Supermarket on site. City receives Public Benefits, including the following: a. Opportunity for City to address present and future parking deficiencies at a key "gateway" intersection at a fixed, competitive cost, without having to condemn land at a prohibitive price. b. Addresses parking deficiencies identified in Alternatives Analysis in Parking Study. Potamkin Term Sheet February 25, 2004 Page 70(9 c. Supermarket will be secured as an anchor tenant based on a long term lease agreement (see "Change in Use" below). d. Potential to serve as a collector to alleviate traffic congestion before entering the Historic District. e. Project design/reduction in density. f. Redevelopment of environmentally contaminated Brownfield Site. g. Project preserves the historical character of the building located at the corner of 5th and Lenox. [Finance & Citywide Projects Committee suggested a First Source Hiring Agreement with Miami Beach residents} h. Creation of 600+ Jobs for the community. i. Public use of 100% of the parking spaces (approximately 943 spaces) during high traffic hours. Other: Real Estate Taxes: Each party will be responsible for their respective portion in the event Ad Valorem taxes are assessed. Change in Use: If the Supermarket ceases to operate and to serve the public, an acceptable substitute use will be mutually agreed upon by the parties, failing which, at P&B's option, the Supermarket facility will automatically revert to City, for retail uses only, at the same rental rate and on the same terms and conditions which had been extended to the Supermarket pursuant to its Lease Agreement; or P&B shall have the option to acquire the Public Spaces and the Supermarket spaces at the then market value. Prohibited Uses: P&B shall in no way use the Project for any purpose/use that would impair status/integrity of this and other public funds initially used to construct improvements. Mutual Cooperation: Both parties will agree to cooperate fully in maximizing the Benefits to which the project may be entitled pursuant to the "Brownfield Recovery Act", the Enterprise Zone Designation, and/or any other State, Local or Federal program, including but not limited to the waiver of impact fees relating to the Supermarket and to the entire Garage. To the extent that such benefits are available only to a municipality or governmental entity (such as EDA grants or HUD grants for infrastructure or utility relocation), the City Potamkin Term Sheet February 25, 2004 Page 80f9 agrees to make application and to diligently pursue maximizing the recovery of such available benefits on behalf of P&B. Any funds, which may be recovered from any Federal, State or County program by the City as for reimbursements or grants shall be remitted to P&B for use in constructing the Project. In addition, the City agrees to cooperate fully in presenting and, if approved, in implementing a signage overlay district to permit effective signage for the Supermarket and for the retail tenants within the Project. Right of First Offer: In the event that P&B wishes to market the Project for sale, P&B shall first offer the same to the City at a specified purchase price, on an all-cash basis, to close within 90 days. Thereafter, the City shall notify P&B whether it wishes to purchase the Project within 15 days after receipt of the offer, failing which P&B shall be free to sell the Property to any third party at a price equivalent to or more than that tendered to the City. [Finance & Citywide Projects Committee stated 15 days will not be sufficient] Miscellaneous Issues: Developer has indicated the need to address Construction Loan lender issues, real estate tax issues, depreciation issues, liability issues and condemnation issues. Requirements for Vacation of Alleys, Easements and City Rights-of-Way (submitted separately) Reoulatorv Procedure for Conveyance of Allev: The City of Miami Beach shall comply with Ordinance 92-2783 (aka Shapiro Ordinance) adopted by the City Commission on June 17, 1992, and codified in the City Code as Article II, entitled "Sale or Lease of Public Property", more specifically with Sections 82- 37 through 82-39, which require the following: 1 ) Public Hearino. Section 82-37 of the Miami Beach City Code requires that the City Commission hold a public hearing, advertised not less than 15 days prior to the hearing, in order to obtain citizen input into any proposed sale and/or lease. 2) Planninq Department Analvsis. Section 82-38 of the Miami Beach City Code requires that the Planning Department prepare an analysis in order for the City Commission and the public to be fully apprised of all conditions relating to the proposed sale of the property. 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