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493-2004 RDA Reso RESOLUTION NO. 493-2004 A RESOLUTION OF THE CHAIRMAN AND MEMBERS OF THE MIAMI BEACH REDEVELOPMENT AGENCY APPROPRIATING AND AUTHORIZING REIMBURSEMENT TO THE COURTS IN THE AMOUNT OF $458,627 IN AVAILABLE SOUTH POINTE REDEVELOPMENT TRUST FUNDS TO REIMBURSE THE COURTS AT SOUTH BEACH, LTD., FOR STREET IMPROVEMENTS TO FIRST STREET BETWEEN JEFFERSON AND WASHINGTON AVENUES AND TO MERIDIAN AVENUE BETWEEN FIRST AND SECOND STREETS, PURSUANT TO THE FOURTH EXTENSION AND CLARIFICATION AGREEMENT, DATED JULY 26,2000, 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 LIMITED. WHEREAS, pursuant to the Fourth Extension and Clarification Agreement dated July 26, 2000 (the "Contract"), between the City of Miami Beach (the "City"), the Miami Beach Redevelopment Agency (the "RDA"), and the Courts at South Beach Limited, a Florida limited partnership f/k/a Cobb Partners South Beach, Ltd. (the "Developer"), (collectively referred to as the "Parties"), the RDA was obligated to construct certain streetscape improvements (the "Improvements") in the general area of the Courts Project, as well as in close proximity of the Project; and, WHEREAS, the Parties agreed and acknowledged that the Developer had constructed a portion of these Improvements, and that the RDA was obligated to reimburse the cost thereof, not to exceed $750,000; and WHEREAS, the Parties further agreed that the Developer has already paid $291,373 for the Improvements between Alton Road and Jefferson Avenue that has been applied as a credit against the purchase of Parcelll/Block 53; and WHEREAS, the limit of the Developer's remaining obligation to design and construct the remaining Improvements, and the sum that is currently due and owing to the Developer by the RDA, is $458,627; and. WHEREAS, pursuant to the Contract, upon submission of an invoice for payment of the Improvements, the RDA shall review the Improvements, and within thirty (30) days of the submission of the invoice, either issue payment for the invoice, or provide the reason why payment should not be paid; and WHEREAS, on October 28,2004, the City conducted an inspection of the improvements to First Street between Washington and Jefferson Avenues, and Meridian Avenue between First and Second Streets; and WHEREAS, with the exception of certain minor landscaping, irrigation and mechanical issues, the Improvements have been substantially completed; and WHEREAS, a punch-list of outstanding items by Public Works, Planning, Park and Recreation Departments was issued to the Developer on October 29, 2004; and WHEREAS, as of the week of November 1, 2004, the City was waiting for completion of the remaining punch-list items by the Developer before conducting a final walk-through inspection of the Improvements; and WHEREAS, the Administration recommends proceeding with the appropriation of $458,627 from available South Pointe Redevelopment Trust Funds, to reimburse the Developer upon completion of the Improvements and acceptance of the Improvements by the City. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CHAIRMAN AND MEMBERS OF THE MIAMI BEACH REDEVELOPMENT AGENCY, FLORIDA, that the Chairman and Members of the Miami Beach Redevelopment Agency hereby appropriate $458,627 in available South Pointe Redevelopment Trust Funds to reimburse the Courts at South Beach, Ltd., for Street Improvements to First Street, between Jefferson and Washington Avenues, and to Meridian Avenue between First and Second Streets, pursuant to the Fourth Extension and Clarification Agreement, dated July 26,2000, 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, Limited. PASSED AND ADOPTED this 10th day of No~ CHAIRMAN ATTEST: Lak\ d' fOvLt&-- SECRETARY iffi D te t\Agenda\2004\Nov10\Courts_Reso.doc APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 1lA4 I Mfl.. () ~h.~ po, 3"'Ot/ .,~ Date General Coun~ COURTS/COSMOPOLITAN PROJECT STREETSCAPE IMPROVEMENTS 1 ST Street looking east from Alton Rd 1ST Street looking east from Meridian Ave Courts/Cosmopolitan Streetscape Improvements Page 2 1 ST Street looking west from Washington Ave Meridian Ave looking north from 1 sl Street CITY OF MIAMI BEACH MIAMI BEACH REDEVELOPMENT AGENCY ITEM SUMMARY ~ Condensed Title: A Resolution appropriating $458,627 in available South Pointe Redevelopment Trust Funds and authorizing reimbursement to the Courts of South Beach, Ltd., for street improvements to First Street between Jefferson and Washington Avenues and to Meridian Avenue between First and Second Streets, pursuant to the Fourth Extension and Clarification Agreement dated July 26, 2000 (the "Contract"), between the City, the RDA, and the Courts at South Beach Limited, a Florida limited partnership flk/a Cobb Partners South Beach, Ltd. (the "Develooer"). Issue: Shall the RDA appropriate the funds and reimburse the Courts of South Beach, Ltd., for street improvements to First Street between Jefferson and Washington Avenues and to Meridian Avenue between First and Second Streets, pursuant to the Fourth Extension and Clarification Agreement dated Julv 26, 2000 (the "Contract")? Item Summary/Recommendation: Pursuant to the Fourth Extension and Clarification Agreement dated July 26, 2000 (the "Contract"), between the City, the RDA, and the Courts at South Beach Limited, a Florida limited partnership f/k/a Cobb Partners South Beach, Ltd. (the "Developer"), collectively referred to as the "Parties", the RDA was obligated to construct certain streetscape improvements in the general area of the Project, as well as in close proximity of the Project. Subsequently, the Parties agreed and acknowledged that the Developer had constructed a portion of the streetscape improvements and that the RDA was obligated to reimburse the cost thereof, not to exceed $750,000. The Parties further agreed that the Developer has already paid $291,373 for the streetscape improvements between Alton Road and Jefferson Avenue that has been applied as a credit against the purchase of Parcel II/Block 53. Therefore the limit of the Developer's remaining obligation to design and construct the remaining streetscape improvements and the sum that is currently due and owing to the Developer by the RDA is $458,627. Pursuant to the Contract, upon submission of an invoice for payment of the streetscape improvements, the RDA shall review the improvements and within thirty (30) days of the submission of the invoice, either issue payment for the invoice, or provide the reason why payment should not be paid. As of the date this memorandum was prepared, the City was waiting for completion of the remaining punch-list items before conducting a final walk-through inspection of the improvements. As such the Administration recommends proceeding with the appropriation of $458,627 from available South Pointe Redevelopment Trust Funds, and authorizing reimbursement to the Developer upon completion of the street improvements and final acceptance of the imorovements bv the Citv. Advisory Board Recommendation: I Financial Information: Source of ,. Account APproved Funds: 1 $458,627 S. Pointe ...~... TIF 3 ....4 Finance Dept. .rQtali Ci Clerk's Office Le islative Trackin Christina M. Cuervo/Kent O. Bonde Assistant City Manager City Manager c AGENDA ITEM DATE 3E 11-IO-oC{ T:\AGENDA\2004\Nov1004\RDA\Courts.sum.doc CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.ci.miamibeachfl.gov To: From: Subject: MIAMI BEACH REDEVELOPMENT AGENCY MEMORANDUM Chairman and Members of the Board of the Date: November 10, 2004 Miami Beach Redevelopment Agency Jorge M. Gonzalez tA~ Executive Director (/V- 0 A RESOLUTION OF THE CHAIRMAN AND MEMBERS OF THE MIAMI BEACH REDEVELOPMENT AGENCY APPROPRIATING AND AUTHORIZING REIMBURSEMENT TO THE COURTS IN THE AMOUNT OF $458,627 IN AVAILABLE SOUTH POINTE REDEVELOPMENT TRUST FUNDS TO REIMBURSE THE COURTS AT SOUTH BEACH, LTD., FOR STREET IMPROVEMENTS TO FIRST STREET BETWEEN JEFFERSON AND WASHINGTON AVENUES AND TO MERIDIAN AVENUE BETWEEN FIRST AND SECOND STREETS, PURSUANT TO THE FOURTH EXTENSION AND CLARIFICATION AGREEMENT, DATED JULY 26, 2000, 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 LIMITED. RECOMMENDATION: Adopt the Resolution. ANALYSIS: Pursuant to the Fourth Extension and Clarification Agreement dated July 26, 2000 (the "Contract"), between the City, the RDA, and the Courts at South Beach Limited, a Florida limited partnership f/k/a Cobb Partners South Beach, Ltd. (the "Developer"), collectively referred to as the "Parties", the RDA was obligated to construct certain streetscape improvements in the general area of the Project, as well as in close proximity of the Project. Subsequently, as reflected in the amended contract, the Developer agreed to design and construct a certain portion of these improvements that were estimated by the Parties to cost $750,000. The Parties agreed and acknowledged that the Developer had constructed a portion of the streetscape improvements and that the RDA was obligated to reimburse the cost thereof, not to exceed $750,000. The Parties further agreed that the Developer has already paid $291,373 for the streetscape improvements between Alton Road and Jefferson Avenue that has been applied as a credit against the purchase of Parcel II/Block 53. Therefore the limit of the Developer's remaining obligation to design and construct the remaining streetscape improvements and the sum that is currently due and owing to the Developer by the RDA is $458,627. On Thursday, October 28, the City conducted an inspection of the improvements to First Street between Washington and Jefferson Avenues and Meridian Avenue between First November 10, 2004 Redevelopment Agency Memorandum The Courts Project - Streetscape Improvements Page 2 of 2 and Second Streets. With the exception of certain minor landscaping, irrigation and mechanical issues, the street improvements have been substantially completed. A punch- list of outstanding items by department was issued to the Developer on Friday, October 29, and was expected to be addressed by the end of the following week. Pursuant to the Contract, upon submission of an invoice for payment of the streetscape improvements, the RDA shall review the improvements and within thirty (30) days of the submission of the invoice, either issue payment for the invoice, or provide the reason why payment should not be paid. As of the date this memorandum was prepared, the City was waiting for completion of the remaining punch-list items before conducting a final walk- through inspection of the improvements. As such the Administration recommends proceeding with the appropriation of $458,627 from available South Pointe Redevelopment Trust Funds, to reimburse the Developer upon completion of the street improvements and final acceptance of the improvements by the City. JMG/C~/I~/rar T:\AGENDA\2004\Nov104\RDA\COURTS.MEM.DOC