95-21617 RESO Incomplete
REGULAR AGENDA - JUNE 21, 1995
R-7, RESOLUTIONS (CONTINUED)
C, COMMISSION MEMORANDUM NO, (TO BE SUBMITTED VIA ADDENDUM)
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, CALLING FOR A SPECIAL ELECTION TO BE
HELD ON TUESDAY, NOVEMBER 7, 1995, FOR THE PURPOSE OF
SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH A
QUESTION CONCERNING WHETHER THE CITY OF MIAMI BEACH SHALL
DISCONTINUE THE $16 MILLION LINCOLN ROAD CAPITAL IMPROVEMENT
PROJECT ($4,5 MILLION OF WHICH IS TO BE FUNDED BY SPECIAL
ASSESSMENTS AGAINST BENEFITTED LINCOLN ROAD PROPERTIES) IN
THE AREA BOUNDED ON THE WEST BY WEST AVENUE, ON THE EAST BY
COLLINS AVENUE, ON THE SOUTH BY 16TH STREET, AND ON THE
NORTH BY 17TH STREET, SAID PROJECT TO INCLUDE BEAUTIFICATION
AND INFRASTRUCTURE IMPROVEMENTS, (IN LEGAL - TO BE
SUBMITTED VIA ADDENDUM)
1, CORRESPONDENCE FROM SHERNA BRODY, 1000 LINCOLN ROAD
MALL,
2, RESOLUTION OF THE BOARD OF GOVERNORS OF THE MIAMI
BEACH CHAMBER OF COMMERCE RE-CONFIRMING ITS SUPPORT OF
THE PLAN FOR THE PHYSICAL IMPROVEMENTS TO THE LINCOLN
ROAD DISTRICT AND ENDORSING THE PROCESS THAT HAS TAKEN
PLACE TO DATE,
3, ANALYSIS OF BEAUTIFICATION PLANS FROM JOEL M, HOFFMAN,
PH,D, (TO BE SUBMITTED VIA ADDENDUM)
(REQUESTED BY COMMISSIONER MARTIN SHAPIRO)
Discussed.
D, COMMISSION MEMORANDUM NO. 498-95
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, GRANTING EXTENSIONS OF TIME FOR THE
PORTOFINO LAND TRANSACTION AND THE SECOND AMENDMENT TO THE
MARINA AGREEMENT,
ADMINISTRATION RECOMMENDATION: THAT THE DEADLINE FOR THE
PORTOFINO LAND TRANSACTION AGREEMENT BE EXTENDED FROM JUNE
22, 1995 TO JULY 28, 1995, ADDITIONALLY, IT IS RECOMMENDED
THAT A NINETY DAY EXTENSION BE GRANTED FOR THE SECOND
AMENDMENT TO THE MARINA AGREEMENT FROM JUNE 22, 1995 TO
SEPTEMBER 22, 1995,
(DEVELOPMENT, DESIGN AND HISTORIC PRESERVATION)
Resolution No, 95-21617 adopted. as corrected, prepare
after-the-fact to reflect Third Amendment,
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
01<' THE CITY OF MIAMI BEACH, FLORIDA GRANTING
EXTENSIONS OF TIME FOR THE PORTOFINO LAND
TRANSACTION AND THE SECOND AMENDMENT TO THE
MARINA AGREEMENT
WHEREAS, at the joint meeting of the Miami Beach City Commission and the Miami
Beach Redevelopment Agency of March 22, 1995, the City Commission approved in concept a
"twenty-five (25) point plan" with the Portofino Development Group (Portofino) for the proposed
land swap; and
WHEREAS, the City Commission established a ninety day deadline by which time the full
development agreement and design guidelines would be presented for review and consideration for
approval; and
WHEREAS, negotiations between the representatives of the City Administration and
Portofino have been taking place since the March 22,1995 Commission meeting; and
WHEREAS, it is recommended that the June 22, 1995 deadline be extended to July 28, 1995
so that these negotiations can continue; and
WHEREAS, it is also recommended that the Second Amendment to the Marina Agreement
be extended for an additional ninety days, to September 22, 1995, with the concurrence of the
Marina operators,
-
NOW, THEREFORE BE IT DULY RESOLVED BY THE MAY0R AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and
Commission hereby grant extensions of time within which to continue negotiating for the Portofino
Land Transaction and the Second Amendment to the Marina Agreement.
,1995.
PASSED AND ADOPTED THIS
DAY OF
MAYOR
CITY CLERK
By
Date
-
.........
3/7.2195
AMENDED
PROPOSED CITY OF MIAMI BEACHlPORTOFINO LAND TRANSACTION
I, PORTOFINO
I. Portofino will release its rights to North SSDI. The property will be conveyed subject to the
restriction that if be used for municipal purposes,
2, Portofino will release the City from the SSDI Judgment and Mortgage.
3. Portofino will indemnit'y and hold harmless the City for all environmental clean-up costs on
South SSDI above the first $2 million which will be paid by the City.
4. Portofino will convey its 211 Collins property to the City Housing Authority, together with
other additional property or assets valued at $1,5 million. In return, (see City # I I), City will
purchase Goodman Terrace from the Housing Authority at no additional cost, and convey
it to portormo (zoned CPS3),
5, With respect to the existing Marina, Portofino will assume obligations to provide (a) 50
temporary parking spaces during clean-up and construction on South SSDI; (b) two
pedestrian easements & two drive-insIdrop-offs with temporary parking; (c) 150 permanent
parking spaces on South ssm within the Northerly ']f3 portion; and (d) permanent
bathroom, shower, and laundry facilities, Portofmo will be reimbursed by the City in the
amoWlt of$1.625 million for items (c) and (d).
6. Portofino will approve the City's current agreement with the Marina operator insofar as
necessary.
7. Portofino shall grant to the City an casement or strip of land adjacent to the Marina so that
the City will retain its riparian rights to the Marina and to provide a Baywalk; provided,
however, all setbacks shall be measured from the Water line,
8. Portotino, for reasonable review and approval by the City, shall prepare an urban design
master plan for the baywalk and other redevelopment amenities in South Pointe containing
the following elements:
(a) A baywalk along the South ssm, Hinson, Triangle and A1askan parcels;
(b) the renovation of South Pointe PlUk;
(c) a new park/plaza (Ocean Beach Plaza) to be constructed at the eastern terminus of
South Pointe Drive;
(d) a new parklpIaza (Sunset Pla:c:a) to be constructed between Alton and the Marina at
the western terminus of South Pointe Drive;
(e)
the extension of Washington Avenue from South Pointe Drive southwards to
Government Cut; and
488
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3/22/95
(f) a pedestrian passage between Rebecca Towers and Biscayne Street internal to the
property north of Biscayne Street. .
A $2.5 million contribution to be made by Portofino toward improvement of South Pointe
park shall be m~de in one-third increments of$833,333 each, payablc as follows:
(1) 1/3 on obtaining the certificate of occupancy for the next tower constructed (after the
Portofino Tower currently being constructed on the Diamond C sites) on any of the
Alaska, Hinson, South ssm and/or Ocean Parcel sites;
(ii) 1/3 on obtaining the certificate of occupanCy for the next tower constructed after the
tower referred to in (1) above; and
(iii) 1/3 on completion of construction of improvements planned for the Ocean Parcel.
If the Ocean Parcel is constructed before towers on Hinson, Alaska and/or South
ssm, then the $2.5 million shall be due in full on completion of the Ocean Parcel
construction alone.
Pottofino shall be responsible for supervision of the construction and installatiOn of the
Baywalk, Ocean Beach Plaza, Sunset Plaza, the extension of Washington Avenue and the
pedestrian passages. After completion, Portofino shall be responsible for maintenance of the
baywalk adjacent to Portofmo properties as well as Ocean Beach Plaza and Sunset PIll2ll.
9, Portofino will relinquish any grandfathered height restriction rights, as.to its liS and 155
Ocean Drive lots,
ll. CITY
10, City will convey South ssm to Portofino within IS days after approval by the City
Commission without payment of additional cost by Portofino.
11, City will purchase Goodman Terrace from the Housing Authority at no cost to the City, zone
it CPS 3, and reconvey it to Portofino. In return, Portofino will convey to the Housing
Authority 211 Collins and the additional $1.5 million in property or value (see Portofino #4)
to the Housing Authority.
12, City will convey to Portofino the triangular parcel between the Alaskan and Hinson pan:e!$.
The City shall use its best efforts to release this parcel from the use restrictions imposed
under the conveyance by the D,S. Government to the City and if released shall zone the
parcel CPS-3.
13. City will make the east portion of Biscayne Street lying east of Ocean Drive a dedicated.
pedestrian and open space area (Ocean Beach PIll2a) closed to vehicular traffic and parking.
(See Portofino #8),
14. City will convey to Portofino that portion of 1st Street lying east of Ocean Drive should
Portofino build an upscale hotel on the site,
15, City will convey the City-owned end pieces on the east and west sides of Block 51, the City-
489
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3/22/95
owned end pieces on the east side of Block 52 adjacent to Washington Avenue and the water
tower triangle to Portofino, The water tower site shall be used only for landscaping, public
art and a buffer area,
16, City will compensate Portofino in the agreed amount of$11,375,000 payable in full within
one year followfug closing without interest from the proceeds of bond fmancing which the
City will seek in good faith and with reasonable efforts. In the event bond financing is not
available within such one year period, then the payment may be made in five equal annual
installments of $2,275,000 each, the first installment due one year following closing,
together with interest at the rate the City borrows funds on a taxable basis.
17, The parties agree to cooperate to seek appropriate additional dedicated public access from
the MacArthur Causeway south to Alton Road.
18, The continued viability and enforceability of the South Pointe Development Agreement shall
be confirmed,
19, 'The City will zone (or upzone as appropriate) the Alaskan site, the triangular piece between
Alaskan and Hinson and Goodman Ten:ace to CPS3. Portofino shall limit the height on the
Goodman Terrace site to 75 feet and Portofino shall conform to the design guidelines
referred to in City #24 below. In addition, after the foregoing zoning or upzoning, Portofino
will be able to transfer 400,000 of the presently permitted 1,254,000+ square feet of
development rights from North ssm to the following properties: SSDI South, Goodman
Terrace, Hinson, triangular piece between Alaska and Hinson, Alaskan and 404 Washington
Avenue.
20. City will cooperate in seeking state and federal funds for beach restoration on or adjacent to
the Ocean Parcel.
21, City will expand the approved color code within the South Pointe Redevelopment Area.
22. City will rename Biscayne Street "South Pointe Drive."
23, City will seek in good faith to obtain the consent of the Marina operator to permit Portofino,
at Portofino's option, to expand the Southern portion of the Marina, Further, the Marina
operator shall cooperate with Portofino's environmental remediation efforts and not object
to the development of the South SSDI parcel.
24, Portofino and the City will agree to design guidelines and an approved site plan for the ssm
South, Alaska, RiIl$on and Goodman Terrace parcels and Blocks 51 and I with a view to
encourage quality development, open space areas, and appropriate parking for the area,
25, 'The patties agree to try to negotiate a development agreement and prepare design guidelines
and a site plan within 90 days ill accord with the foregoing. In the event no agreement is
reached, the parties shall conclude all negotiatiOIl$ without liability to the other and without
the waiver of any rights, and each party shall be responsible for its own costs. 'The initial 90
day negotiating period shall be subject to extension upon mutual agreement of the parties.
:a::prapqdLdn.
.
490
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
MIAMI
BEACH
CITY OF
COMMISSION MEMORANDUM NO.--W...:9S
TO:
Mayor Seymour Gelber and
Memben of the City Commission
DATE: June 21, 1995
SUBJECT:
Jooe Gareia_pedl'Oljf.:.
City Manager .
A RESOLUTION MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI B CH GRANTING EXTENSIONS OF TIME FOR THE
PORTOFINO LAND TRANSACTION AND THE SECOND AMENDMENT
TO THE MARINA AGREEMENT
FROM:
RECOMMENDATION
It is recommended that the deadline for the Portofino Land
Transaction Agreement be extended from June 22, 1995 to July 28,
1995, Additionally, it is recommended that a ninety day extension
be granted for the Second Amendment to the Marina Agreement from
June 22, 1995 to September 22, 1995,
BACKGROUND
At a joint meeting of the City Commission and the Redevelopment
Agency on March 22, 1995, the City Commission approved in concept
a "twenty-five (25) point plan", attached hereto as Exhibit A, with
the Portofino Development Group for the proposed land swap, The
Commission established a ninety day deadline by which time the full
development agreement and design guidelines would be presented to
them for review and consideration for approval.
ANALYSIS
Negotiations between the representatives of the City and the
Portofino Development Group have been taking place since the March
22, 1995 meeting, Representatives of the Marina operation and
Housing Authority have also attended the recent meetings to review
the development agreement,
Staff recommends that the June
July 28, 1995, so that these
analysis conducted by UrbaniZa
22, 1995 deadline be extended to 485
negotiations can continue. The
should be completed by June 22,
AGENDA ITEM R - '7 - b
DATE L.-z.\-"S-
1995, and will be reviewed by the negotiating team in conjunction
with the development agreement and design guidelines.
anticipated that the final development agreement and
guidelines will be placed on the agenda of the last Agency
before summer recess,
It is
design
meeting
Additionally, staff recommends that the Second Amendment to the
Marina Agreement be extended for ninety days to September 22, 1995.
We have requested this extension from the Marina operators and
anticipate that they will concur with this request,
CONCLUSION
In order to bring these negotiations to a successful conclusion
that is in the best interest of the City, it is recommended that
the Mayor and City Clerk be authorized to execute a Resolution
granting the above referenced extensions of time,
Attachment
JGP :MSD: jm
486