96-21976 RESO
RESOLUTION NO. 96-21976
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, RELATING
TO THE DEVELOPMENT AGREEMENT OF APRIL 17, 1986
BETWEEN THE CITY, THE MIAMI BEACH
REDEVELOPMENT AGENCY AND SOUTH SHORE
DEVELOPERS, INe. PERTAINING TO THE S.S.D.I. SOUTH
PARCEL ADJACENT TO THE MIAMI BEACH MARINA,
WIDCH REVISES RESOLUTION NO. 96-21959 OF APRIL 17,
1996 AMENDING THE APPROVED CONCEPT PLAN OF
APRIL 17, 1986, AMENDING RESOLUTION NO. 96-21959 OF
APRIL 17, 1996; SETTING AN EFFECTIVE DATE.
WHEREAS, on April 17, 1986, pursuant to a stipulation and order in the case of South
Shore Developers. Inc.. et aI. v. The City ofMiarru Beach. et aI., Case No. 82-24526, a Development
Agreement between the City of Miami Beach (City), the Miami Beach Redevelopment Agency
(Agency) and South Shore Developers, Inc. (S.S.D.I.) was executed, which included a Concept Plan
for the property referred to as the S.S.D.I. South Parcel; and
WHEREAS, the Portofino Entities (portofino) are the successors in interest to S.S.D.I.; and
WHEREAS, Portofino applied for a revision of the approved Concept Plan of April 17,
1986, which said proposed revision was considered by the Mayor and Commission on April 17, 1996
and approved as set forth in Resolution No. 96-21959 which is made a part hereof by reference; and
WHEREAS, questions have been raised as to the intent of the Commission as to the effect
of Resolution No. 96-21959 on certain aspects of the proposed development, all as specifically
referred to hereafter.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
Section 1 That the language of Resolution No. 96-21959 on April 17, 1996 following the
resolving clause is amended to read as follows:
(a) That the Concept Plan, which is contained in the Development Agreement of
April 17, 1986, between the City, the Miami Beach Redevelopment Agency
and Portofino (as successor to S.S.D.I.) is hereby revised to allow for
construction upon a portion of Phase I of the South S.S.D.I. Parcel in
accordance with the Design Guidelines and Development Agreement adopted
pursuant to Resolution No. 95-21749, and on the balance constituting Phase
II of the South S.S.D.I. Parcel in accordance with the revised Concept Plan
attached to Resolution No. 96-21959 as Exhibit" 1"; the Design Guidelines,
the Development Agreement adopted under Resolution No. 95-21749; and
the Development Agreement of 1986 (as long as such Agreement remains in
effect), such revised Concept Plan being more restrictive than the Design
Guidelines as to tower orientation and setback and view corridors.
(b)
The revised Concept Plan for Phase II of the S.S.D.!. South Parcel approved
on April 17. 1996 as part of Resolution No. 96-21959 will continue in full
force and effect with respect to the S.S.D.!. South Parcel at such time as the
1986 Agreement is of no further force and effect with respect to such parcel.
Any modifications requested by either party shall not be allowed to reduce the
"S.S.D.!. South Pedestrian Passage". (40' at street level and 52' above the
second story). nor any tower or other setback requirements of the above
described Design Guidelines.
Section 2
This Resolution shall become retroactively effective as of April 17, 1996.
PASSED and ADOPTED this 1st day of May, 1996
ATTEST:
jo~r ~~
CITY CLERK
MHD:lm
FORM APPROVED
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By #JJ
Date S/J>.7~c