2004-25544 Reso
RESOLUTION NO. 2004-25544
A RESOLUTION OF THE MAYOR AND MEMBERS OF THE
CITY COMMISSION ADOPTING THE RECOMMENDATION
OF THE CITY MANAGER AND AUTHORIZING THE
ADMINISTRATION TO COMMIT THE 5,000 SQUARE FOOT
SPACE WITHIN "THE COURTS" PROJECT (F/K1A THE
COBB PROJECT) LOCATED AT 131 ALTON ROAD, MIAMI
BEACH, FLORIDA, FOR USE AS A LIBRARY,
WHEREAS, Miami Beach Redevelopment Agency Resolution No. 444-2003,
passed and adopted on February 26, 2003, authorized the Executive Director to exercise
the RDA's option to purchase the 5,000 square foot space (the "Facility") within "The
Courts" project (f/k1a The Cobb Project) and to contribute the Facility to the City of Miami
Beach for uses including a library and such other public uses as permitted and as mutually
agreed to by the parties; and
WHEREAS, the existing South Shore Library Branch, located at 225 Washington
Avenue, is intended to be relocated to the Facility at 131 Alton Road; and
WHEREAS, the developer of The Courts project (Developer) is currently utilizing the
Facility as its sales center, while it is preparing to commence the retrofit/build-out of the
Facility, which is to be completed by September 2004; and
WHEREAS, the Developer is seeking direction as to the final space configuration of
the Facility, and concurrently, the Miami-Dade Public Library System has requested the
City's commitment for an allocation of the entire Facility as a Library so that proper
budgeting for the necessary books, materials, and computers may be secured; and
WHEREAS, during the February 26, 2003 Commission meeting, there was
discussion concerning the possibility of utilizing the Facility as a Library, and for any other
public purpose which would be mutually agreed to between the CitylRDA and Developer;
and
WHEREAS, during the February 26, 2003 City Commission meeting, the
Administration stated it would be prepared to make a recommendation as the April 2004
date approaches and when the retrofit of the space needs to begin; and
WHEREAS, on March 13,2003, a community meeting was held, during which the
members of the public present indicated a preference for the entire Facility to be utilized as
a Library; and
WHEREAS, on March 25, 2003, a Letter Agreement Modification to Paragraph 4 of
the Fourth Extension and Clarification Agreement between the Miami Beach
Redevelopment Agency, the City of Miami Beach, and the Courts at South Beach Limited,
a Florida limited partnership f/k/a Cobb Partners South Beach, Ltd. (Developer), dated July
26,2000, was executed, which identified the following as "other public uses as permitted
and as mutually agreed to by the parties":
. Public purposes outlined in previous agreements such as a police sub-station or
administrative fire or police office facilities;
. Office space for cultural organizations and/or organizations which serve as arts
incubators;
. A library facility; and
WHERAS, while the City Commission has requested the Administration to consider
additional public purpose uses for the Facility, the Administration believes it is not in the
City's best interest to retrofit the Facility for more than one use or for shared uses, for the
following reasons:
. Members of the community have expressed they prefer the Facility be purchased
for the exclusive use of relocating and expanding the South Shore Library Branch.
They do not support the sharing of the Facility between the Library System and
other public purposes;
. The Miami-Dade County Library System has prepared a schematic plan for the
library relocation and expansion utilizing the Facility which envisions more space
for a computer facility, an expanded book collection, and a children's area for
story-reading programs;
. The Facility is currently built for a single user with one set of restrooms and only
minimal means of egress. Therefore, the permitting requirements of retrofitting the
Facility to allow for a second occupant may result in additional restroom
requirements and a requirement for an additional means of ingress and egress,
which will substantially affect the retrofit cost and timeframe for construction.
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 adopt the recommendation of the City Manager and hereby authorize
the Administration to commit the 5,000 square foot space within 'The Courts" project
(F/K1A The Cobb Project), located at 131 Alton Road, Miami Beach, Florida, for use as a
Library.
PASSED and ADOPTED this 14th d Y
ATTEST:
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4< CITY CLERK
~. T:\AGENDA\2004\Apr1404\RegularICourtsReso.doc
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
'/1;;qJ
Miami Beach Redevelopment Agency
1700 Convention Center Drive, Miami Beach, FI. 33139
hllp'\\ci.miami-beach fl.us
Miami Beach Redevelopmenl Agency
Telephone (305) 673.7193
Facsimile (305) 673.7772
March 25, 2003
Courts at South Beach Limited,
a Florida limited partnership
f/k/a Cobb Partners South Beach, Ltd.
20803 Biscayne Boulevard
Suite 200
Aventura, Florida 33180
Attn: Alan M. David
Re: Modification of Paragraph 4 of Fourth Extension and Clarification Agreement
between the Miami Beach Redevelopment Agency, the City of Miami Beach,
and the Courts at South Beach Limited, a Florida limited partnershIp
flk/a Cobb Partners South Beach, Ltd., dated July 26, 2000
Dear Mr. David:
This Letter Agreement shall serve to modify and amend the understanding between the Miami
Beach Redevelopment Agency, the City of Miami Beach, and the Courts at South Beach Limited,
a Florida limited partnership flk/a Cobb Partners South Beach, Ltd., with respect to Paragraph 4
of that certain document entitled Fourth Extension and Clarification Agreement, dated July 26,
2000, with respect to the Agency's right to exercise its option to purchase the Library facility, as
defined therein, and the parties' respective obligations thereto. The terms of this Letter
Agreement shall only serve to amend and supplement Paragraph 4 of the Fourth Extension but,
where in conflict therewith, the terms of this Letter Agreement shall prevail and govern the
understanding between the Parties with respect to the Agency's option to purchase the Library
Facility.
The Miami Beach Redevelopment Agency is exercising its option to purchase a 5,000 commercial
condominium space located at 131 Alton Road, (the "Facility") in accordance with Paragraph 4 of
that certain Fourth Extension and Clarification Agreement dated July 26, 2000 (the "Fourth
Extension"), by and among the Miami Beach Redevelopment Agency (the "RDA"), the City of
Miami Beach (the "City"), and the Courts at South Beach Limited, a Florida limited partnership
flk/a Cobb Partners South Beach, Ltd. (the "Developer"), as same is herein amended by the
Parties thereto.
The Fourth Extension allowed for the RDA to purchase the commercial condominium space and
contribute the space to the City of Miami Beach for use as a Library facility. The Parties also
acknowledged that the intent to so utilize this commercial space for a library may no longer be
feasible or desirable due to other library facilities that have been constructed in the general area
and the inability or unwillingness of Miami-Dade County to allow and/or support the maintenance
The Courts at South Beacn Limited
March 25, 2003
Page 2
of another library at the subject location. However, the Parties also recognized that there may be
other public needs of the City that can be met through the acquisition of the Library space. As a
result, the Parties agreed that the RDA shall have the option to obtain ownership of what was
previously identified as the Library facility for any other public purpose, such as, but not limited to,
a police sub-station or administrative fire or police office facilities, or such other public usage that
is mutually agreed to by the Parties.
On February 26, 2003, the RDA Board adopted Resolution No. 444-20qj, which authorized the
acquisition of the space, provided that a pre-approved list of public uses be identified prior to the
acquisition, and that terms be identified for the event that your organization is not able to vacate
the space by September, 2004.
Therefore, a community meeting was held on March 13, 2003, during which the community
indicated a preference for the entire 5,000 sf space to be utilized as a library facility.
This Letter Agreement shall also confirm your meeting with members of my staff on March 17,
2003, during which the following list of pre-approved public uses were identified:
· Public purposes outlined in the Fourth Extension and Clarification Agreement dated July
26, 2000 between the City, the RDA, and the Courts at South Beach Limited, a Florida
limited partnership f/k/a Cobb Partners South Beach, Ltd., such as a police sub-station or
administrative fire or police office facilities;
. Office space for cultural organizations and/or organizations which serve as arts
incubators;
. A library facility.
The Fourth Extension stipulates that once the option is exercised, the RDA shall pay $275,000 in
10 yearly installments starting with the first installment at the time of notice of exercise of the
option, and each additional installment of $27,500 is to be paid on the anniversary date of the
exercise of the option. However, the Developer has requested to be allowed to remain in the
facility which it is now using as a sales center and complete the build-out and close the
transaction by September 30, 2004. Therefore, as part of the City and the RDA's agreement to
allow the Developer the extended use of the facility, the first installment payment will be due on
the closing date, September 30,2004, with additional installments to be paid henceforth over the
next nine years.
Also, the Fourth Extension states that the designated space was offered to the RDA "as is" and
"where is". However, because the City will allow the Developer to continue using the space as its
sales center until September 2004, the Developer agreed to perform the retrofit/build-out of the
5,000 square foot space by September 30, 2004, at its sole cost and expense as outlined below.
Therefore, the RDA's exercise of the option to purchase the facility is contingent upon the
aforementioned and the following understandings between the Parties:
. An extension of time for the closing of the transaction is granted so that the closing may
be delayed until September 30,2004, instead of within 180 days of March 31,2003;
. Payment of the first installment in the amount of $27,500 is delayed until the closing date
on September 30,2004, with each additional nine installments of $27,500 to be paid on
the anniversary date of the exercise of the closing of the transaction;
P"np ? nf Ii
The Courts at South Beach Limited
March 25, 2003
Page 3
· The Developer may remain in the Library facility and continue its sales center use until
September 30, 2004, provided that the Developer performs the retrofit/build-out of the
5,000 square foot space, at its sole cost, /Jursuant to the attached permitted Lighting and
Electrical Drawing #LE2, dated November 11, 1994, as modified, and which will also
include three extra electrical drops, demolition of the demising wall, sprinklers, HVAC,
conduits with pull strings for computer and data lines;
· Developer will procure the design, preparation of construction documents, and/or
permitting fees and the City will pay the costs in connection therewith;
· If Developer's obligations have not been met by September 30, 2004, and the Developer
has not achieved final completion of the retrofit and/or vacated, then from October 1,
2004 until Developer achieves final completion of the retrofit and vacates the space, a
penalty in the amount of $7,000 per month (equivalent to approximately $17 per square
foot annually) will apply.
Should you agree with the preceding terms and conditions of this Letter Agreement Modification,
please have a duly authorized representative of the Courts at South Beach Limited, a Florida
limited partnership flk/a Cobb Partners South Beach, Ltd., acknowledge and execute in the space
provided below. A fully executed copy will be provided to the duly authorized representative. All
other terms and conditions of the Fourth Extension and Clarification Agreement, dated July 26,
2000, shall remain in full force and effect.
By
THE COURTS AT SOUTH BEACH
LIMITED f/k/a Cobb Partners South Beach,
Ltd., a Florida limited partnership
By: PACIFIC INTERNATIONAL
SOUTH BEACH, INC., a Florida
ral Partner
STATE OF FLORIDA )
)SS
COUNTY OF MIAMI-DADE)
BEFORE ME, the undersigned authority duly authorized in the State and County aforesaid to take
acknowledgments, personally appeared ALAN DAVID, well known to me orwho presented identification in
the form of , the Vice President of PACIFIC INTERNATIONAL SOUTHBEACH, INC., a
Florida corporation, a General Partner, and who took an oath, acknowledging that he executf'd the above and
foregoing document as his free act and deed, for an on behalf of said corporation as its duly authorized
representative, for the purposes set forth therein, and that the seal affixed thereto is the true and correct seal
of said Agency.
IN WITNESS WHEREOF, I have hereunto set my hand and
County aforesaid, on thi~ day of A/tU~,,----, 2003.
ry Public, f,f~~Ft Large
NoIay ~ - Stale of FJorida
My Co...,....., &pires Jun 20. 2lX)4
CommIssIon * CC9128-49
P;loe 3 of 4
The Cour1s at South Beach Limited
March 25, 2003
Page 4
ATTEST:
MIAMI BEACH REDEVELOPMENT AGENCY
By: ~~., 2r1A I j ')
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By' .'W"-- , .
. JOF\~ M. GO zM:. Z
, Executive Director
STATE OF FLORIDA )
)SS
COUNTY OF MIAMI-DADE)
BEFORE ME, the undersigned authority duly authorized in the State and County aforesaid to take
acknowledgments, personally appeared JORGE M. GONZALEZ, well known to me or who presented
identification in the form of ll/>>.. . the Executive Director of the Miami Beach Redevelopment
Agency, and who took an oath, acknowledging that he executed the above and foregoing document as his
free act and deed, for an on behalf of said Agency as its duly authorized representative, for the purposes set
forth therein, and that the seal affixed thereto is the true and correct seal of said Agency.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, in the State and
County aforesaid, on this~day of 1---lAKC.H ,2003.
~c~
Name SA 'c. ~
Notary Public, State of Florida at Large
"~.....-.-.--...._...... .,~ ,~
.i''''''''~<f, LISA C DIXON
." ~ '!II" MrCommluionI1CC8')~
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CI1Y OF MI~I BEACH
COI\II\IIISSION ITEM SUMMARY
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Condensed Title:
A resolution adopting the recommendation of the City Manager and authorizing the Administration to
commit the 5,000 square foot space within "The Courts" project (f1k1a The Cobb Project) located at 131
Alton Road, for use as a library.
Issue:
Shall the City commit the entire 5,000 square foot space within "The Courts" for use as a library?
Item SummarY/Recommendation:
Miami Beach Redevelopment Agency Resolution 444-2003 authorized the Executive Director to exercise
the RDA's option to purchase the 5,000 square foot space within "The Courts" (the Facility) project and to
contribute the Facility to the City of Miami Beach for uses including a library and such other public uses as
permitted and as mutually agreed to by the parties. The existing South Shore Library Branch, located at
225 Washington Avenue, is intended to be relocated to the Facility at 131 Alton Road. In the meantime,
the Developer of The Courts is currently utilizing the Facility as its Sales Center while it is preparing to
commence the retrofiUbuild-out of the 5,000 square foot Facility, which is to be completed by September
2004. The Developer is now seeking direction as to the final space configuration of the Facility, and
concurrently, the Miami-Dade Public Library System has requested the City's commitment for an allocation
of the entire Facility as a Library so that proper budgeting for the necessary books, materials, and
computers may be secured. The community has expressed a preference for the entire Facility to be
utilized as a library. The Miami-Dade County Library System has represented that a small portion of the
Facility, specifically the area fronting Alton Road, will not be improved with any fixtures and will remain
flexible throughout their initial occupancy if the City should decide to utilize this portion of the Facility.
However, any such decision needs to be evaluated regarding multi-tenant facility build-out requirements.
Advisory Board Recommendation:
I N/A
Financial Information:
D
Source of
Funds:
City Clerk's Office Legislative Tracking:
I
T:\AGENDA\2004\Apr1404\RegularICourtsSum.doc
AGENDA ITEM Rl F-
DATE L( -(((-f)((
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.ci.miamibeachfl.gov
COMMISSION MEMORANDUM
To:
Mayor David Dermer and
Members of the City Commission
Date: April 14, 2004
From:
Jorge M. Gonzalez ') ~ .....-
City Manager () U
A RESOLUTION OF THE MAYOR AND MEMBERS OF THE CITY COMMISSION
ADOPTING THE RECOMMENDATION OF THE CITY MANAGER AND
AUTHORIZING THE ADMINISTRATION TO COMMIT THE 5,000 SQUARE FOOT
SPACE WITHIN "THE COURTS" PROJECT (F/KlA THE COBB PROJECT)
LOCATED AT 131 ALTON ROAD, MIAMI BEACH, FLORIDA, FOR USE AS A
LIBRARY,
RECOMMENDATION:
Adopt the Resolution.
Subject:
ANALYSIS:
Miami Beach Redevelopment Agency Resolution 444-2003, passed and adopted February 26,
2003, authorized the Executive Director to exercise the RDA's option to purchase the 5,000 square
foot space (the "Facility") within "The Courts" project (f1k1a The Cobb Project) and to contribute the
Facility to the City of Miami Beach for uses including a library and such other public uses as
permitted and as mutually agreed to by the parties. The existing South Shore Library Branch,
located at 225 Washington Avenue, is intended to be relocated to the Facility at 131 Alton Road.
The Developer is currently utilizing the Facility as its Sales Center while it is preparing to commence
the retrofit/build-out of the 5,000 square foot Facility, which is to be completed by September 2004.
Accordingly, the Developer is seeking direction as to the final space configuration. Concurrently, the
Miami-Dade Public Library System has requested the City's commitment for an allocation of the
entire Facility as a Library so that proper budgeting for the necessary books, materials, and
computers may be secured.
During the February 26,2003 Commission meeting, there was discussion conceming the possibility
of utilizing the 5,000 square foot Facility as a Library and for any other public purpose which would
be mutually agreed to by the Parties. At that time, the Administration stated it would be prepared to
make a recommendation as the April 2004 date approaches and when the retrofit of the space
needs to begin.
On March 13, 2003, a community meeting was held, during which the community indicated a
preference for the entire Facility to be utilized as a library.
Pursuant to the City Commission's direction, on March 25, 2003, the attached Letter Agreement
Modification of Paragraph 4 of Fourth Extension and Clarification Agreement between the Miami
Beach Redevelopment Agency, the City of Miami Beach, and the Courts at South Beach Limited, a
Florida limited partnership f/kla Cobb Partners South Beach, Ltd., dated July 26, 2000, was
executed, which identified the following as "other public uses as permitted and as mutually agreed to
by the parties":
. Public purposes outlined in previous agreements such as a police sub-station or administrative fire or
police office facilities;
. Office space for cultural organizations and/or organizations which serve as arts incubators;
. A library facility.
April 14, 2004
Commission Memorandum
Library at The Coutts - Use of 5,000sf Facility
Page 2 of 2
While the City Commission has requested the Administration consider additional public purpose
uses for the Facility, consistent with the public's expressed preference, the Administration believes it
is in the City's best interest to continue with the Developer's improvements (as outlined in the
attached letter dated March 25, 2003, page 3) to retrofit the Facility for the Library use, for the
following reasons:
1. Members ofthe community have expressed they prefer the Facility be purchased for
the exclusive use of relocating and expanding the South Shore Library Branch. They do not support
the sharing of the Facility between the Library System and other public purposes.
2. The Miami-Dade County Library System has prepared a schematic plan for the library
relocation and expansion utilizing the 5,000 square foot Facility which envisions more space for a
computer facility, an expanded book collection, and a children's area for story-reading programs.
3. The Facility is currently built for a single user with one set of restrooms and only
minimal means of egress. Therefore, the permitting requirements of retrofitting the Facility to allow
for a second occupant may result in additional restroom requirements and a requirement for an
additional means of ingress and egress, which will substantially affect the retrofit cost and timeframe
for construction.
4. The Miami-Dade County Library System has represented that a small portion of the
Facility, specifically the area fronting Alton Road (see Exhibit A), will not be improved with any
fixtures and will remain flexible throughout their initial occupancy if the City should decide to utilize
this portion of the Facility. However, any such decision needs to be evaluated with the
aforementioned comments regarding multi-tenant facility build-out requirements and shared costs of
said space.
It should be noted that the CapitallmplOvements office is in the process of contracting the firm of
Swanke Hayden from the rotating architecture/engineering list in order to conduct a Community
Design Workshop process and to develop a Concept Plan for the City-owned parcels located at the
intersection of Collins Avenue and Second Street, referred to as Washington Park, which is the site
of the existing South Shore Library. This process is underway in order to assist in the determination
of potential uses for the existing South Shore Library space. However, the public meetings required
for this process have not yet occurred.
RECOMMENDATION:
Adopt the Resolution accepting the recommendation of the City Manager and authorizing the
Administration to commit the 5,000 square foot space within "The Courts" Project (f1k1a The Cobb
Project) located at 131 Alton Road, Mami Beach, Florida, for use as a Library.
JMG/~/AP
T:\AGENDA\2004\Apr1404\Rell\llar\CourtsMemo.doc
Enclosure: Letter Agreement dated March 25, 2003