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2008-26969 ResoRESOLUTION NO. 2008-26969 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY AND SCOTT ROBINS COMPANIES, INC., PURDY PARTNERS, LLC., PURDY PARTNERS 1919, LLC., AND 1849 PURDY PARTNERS, LLC. (COLLECTIVELY, "SELLER"), FOR THE PURPOSE OF PURCHASING AIR RIGHTS AND CERTAIN PORTIONS OF THE LAND FOR THE DEVELOPMENT OF AN APPROXIMATELY 458-SPACE PARKING GARAGE WITH GROUND FLOOR RETAIL, IN THE NOT TO EXCEED AMOUNT OF $13 MILLION; APPROPRIATING $9 MILLION AS FOLLOWS: $4,181,941 FROM MID-BEACH PARKING IMPACT FEES FUND 155; $2,481,976.39 FROM PARKING OPERATIONS FUND 480, INCLUDING RE- APPROPRIATION OF $1,481,976.39 PREVIOUSLY APPROPRIATED FOR 16TH STREET GARAGE REPAIRS ($425,000), 7TH STREET GARAGE 2008/09 REPAIRS ($360,000), COLLINS AND 84TH STREET SURFACE LOT RENOVATION ($452,544.45), 13TH STREET PARKING GARAGE FY 2008/09 MAINTENANCE ($90,000), 17TH STREET PARKING GARAGE FY 2008/09 MAINTENANCE ($135,000), AND DESIGN OF THE CULTURAL CAMPUS PARKING GARAGE ($19,431.94); $2,336.082.61 FROM PARKING REVENUE BOND FUND 481, INCLUDING RE- APPROPRIATION OF $1,812,455.55 PREVIOUSLY APPROPRIATED FOR SYSTEMWIDE METER ACQUISITION, INSTALLATION OF 250 PAYSTATIONS, AND PAY-ON-FOOT MACHINES, WITH FUNDING TO BE REPLACED BY $1,812,455.55 IN PARKING OPERATIONS FUND 480 PREVIOUSLY APPROPRIATED FOR COLLINS AND 84TH STREET SURFACE PARKING LOT RENOVATION ($272,455.55), AND 5301 COLLINS AVENUE SURFACE PARKING LOT RENOVATION ($1,540,000); FURTHER APPROPRIATING $425,000 IN ANCHOR GARAGE FUND 463 TO REPLACE FUNDING FOR 16TH STREET GARAGE, AND $360,000 FROM 7TH STREET GARAGE FUND 142 TO REPLACE FUNDING FOR 7TH STREET FY 2008/09 REPAIRS; AND AUTHORIZING APPROPRIATION OF REPLACEMENT FUNDING IN THE AMOUNT OF $2,509,431.94 FOR COLLINS AND 84TH STREET SURFACE PARKING LOT RENOVATION, 5301 COLLINS AVENUE SURFACE PARKING LOT RENOVATION, 13TH STREET PARKING GARAGE FY 2008/09 MAINTENANCE, 17TH STREET PARKING GARAGE FY 2008/09 MAINTENANCE, AND DESIGN FEES FOR THE CULTURAL CAMPUS PARKING GARAGE, UPON SALE OF FUTURE PARKING REVENUE BONDS; FURTHER DIRECTING THE CITY MANAGER, FOLLOWING EXECUTION OF THE AGREEMENT, TO TAKE ANY AND ALL SUCH ACTIONS, AS NECESSARY TO EFFECTUATE THE PROPOSED TRANSACTION INCLUDING, WITHOUT LIMITATION, THE PREPARATION AND EXECUTION OF ANY RELATED DOCUMENTS; AND FURTHER AUTHORIZING THE CITY MANAGER TO TAKE SUCH ACTION AS NECESSARY, AND AS RELATED TO THIS TRANSACTION, TO INITIATE THE RELOCATION OF THE PROPERTY MAINTENANCE FACILITY FROM FLAMINGO PARK TO THE CITY OWNED PROPERTY LOCATED AT 1833 BAY ROAD. WHEREAS, The Seller controls a number of parcels on the block bounded by Purdy Avenue to the west, Bay Road to the east, 20th Street to the north, and 18th Street to the south.; and WHEREAS, the City and Seller have been in discussions to develop a public parking garage, with ground floor retail, in the Sunset Harbor neighborhood; and WHEREAS, on March 6, 2008, the Finance and Citywide Projects Committee (Committee) directed the Administration to move forward with the analysis of the Project; and WHEREAS, on June 18, 2008, the Committee the initial proposal for the Project and recommended that the Administration proceed to negotiate an agreement with Seller; and WHEREAS, on November 18, 2008, the Committee considered a proposed agreement between City and Seller, and recommended that the Administration present the final agreement to the City Commission at its December 10, 2008 meeting; and WHEREAS, City agrees to fund the purchase of the Tremont parcel for $8.5 million and will receive Air Rights over the parcel (the "First Closing"), which will occur on or before March 31, 2009; and WHEREAS, City agrees to pay its portion (65%) of additional pre-development and due diligence costs that exceed the current Pre-development Agreement between the City and Seller; and WHEREAS, at the time of the First Closing, Seller will assign its Agreement with Arquitectonica to the City, for the design of the Project; and WHEREAS, after the First Closing, the City will have three (3) years to secure financing for the Project; and WHEREAS, in the event that financing become available, City shall purchase the Air Rights over the remaining property owned by Seller (the "Second Closing"); and WHEREAS, City and Seller have negotiated an attached final agreement, and the Administration recommends that the Mayor and City Commission approve said agreement. APPROVED AS TQ FORM & LANGUAGE NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission approve and authorize the Mayor and City Clerk to execute an Agreement between the City and Scott Robins Companies, Inc., Purdy Partners, LLC., Purdy Partners 1919 LLC., and 1849 Purdy Partners, LLC. (collectively, "Seller"), for the purpose of purchasing air rights and certain portions of the land, for the development of an approximately 458-space public parking garage with ground floor retail, in the not to exceed amount of $13 million; appropriating $9 million as follows: $4,181,941 from Mid- Beach Parking Impact Fees Fund 155; $2,481,976.39 from Parking Operations Fund 480, including the re-appropriation of $1,481,976.39 previously appropriated; and $2,336,082.61 from Parking Revenue Bond Fund 481, including re-appropriation of $1,812,455.45 previously appropriated; further appropriating $425,000 from .Anchor Garage Fund 463 to replace funding for 16th Street Garage repairs and appropriating $360,000 from 7th Street Garage Fund 142; Authorizing appropriation in the amount of $2,509,431.94 upon the sale of future parking revenue bonds; further directing the City Manager, following execution of the agreement, to take any and all such actions, as necessary to effectuate the proposed transaction including, without limitation, the preparation and execution of any related documents; and further authorizing the City Manager to take such action as necessary, and as related to this transaction, to initiate the relocation of the Property Maintenance Facility from Flamingo Park to the City owned property located at 1833 Bay Road. PASSED and ADOPTED this 10th day of December, 2008 ATTEST: M OR Matti Herrera Bower CITY CLERK Robert Parcher C:\Documents and Settings\econcrok\Desktop\New Briefcase\Crowder\Commission Items\6th and Lenox Assignment Reso.doc 8~ FO CUTION o~ !z y aY ome~~ at COMMISSION ITEM SUMMARY ', A Resolution approving a purchase and sale agreement between the City and Scott Robins Companies, ~, for the development of a public parking garage on Purdy Avenue. Condensed Title: Key Intended Outcome Supported: Improve Parking Availability; Increase Commercial Service Options Supporting Data (Surveys, Environmental Scan, etc.): 77% of residents rated availability of parking across Miami Beach as too little or much too little. Issue: Shall the Ma or and Cit Commission a rove the Purchase and Sale A reement? Item Summa /Recommendation: The Scott Robins Companies 4"SRC") controls a number of parcels on the block bounded by Purdy Avenue to the west, Bay Road to the east, 20 h Street to the north, and 18th Street to the south. SRC has indicated to the City that one of the parcels, currently owned by Tremont Towing, is currently under an Option Agreement, which expires on December 31, 2008, if the City and SRC do not move forward with a planned transaction. The City and SRC have been discussing a purchase and sale agreement to locate a parking garage in the area of Maurice Gibb Park and Sunset Harbor. The Administration and SRC continued negotiations, and on November 18, 2008, the Finance and Citywide Projects Committee considered the proposed transaction between the parties. At the meeting, the Committee approved a motion to present the proposed project to the Commission, as it is currently contemplated in the draft agreement and subject to final negotiations. At the request of the Finance and Citywide Projects Committee, the Administration requisitioned an appraisal from J.B. Alhale ~ Associates, to determine the market value of the project site and its various parts. The appraiser made a physical, inspection of the subject sites, reviewed the site surveys dated July 26, 2008, and the building plans dated August 1, 2008 and prepared by Arquitectonica. He also analyzed market data and parking revenue statistics for the City's South Beach garages. The estimate of market value of Fee Simple Interest in the project site is $13,050,000, and the estimate of the market value of the air-rights is $6,045,000. This $9 million appropriation provides $8.5 million for the costs associated with the First Closing, additional predevelopment costs, design fees, and other expenses related to the Project as well as the initial actions related to the relocation of Prope Maintenance from Flamingo Park. Advisory Board Recommendation: On November 18, 2008, the Finance and Citywide Projects Committee recommended that the agreement be presented to the Commission on December 10, 2008, and further recommended the following: Pay $8.5 million for the Tremont Towing site where Scott Robins would own the ground floor and the City would own the air rights above; proceed with the design from the Arquitectonica contract; secure financing in 3 years; pay an additional $4.5 million for the remainder of the air rights; bid the project out and build the garage; and if the City could not achieve the financing by the deadline, Scott Robins would provide the City with the fee for the Tremont Towing Financial Information: Source of Amount Account Funds: 1 $4,181,941 Parking Impact Fees Fund -Fund 155 2 $2,481,976.39 Parking Operations Fund 480 3 $2,336,082.61 Parking Revenue Bond Fund 481 OB Total $9,000,000 Financial Impact Summary: Funds are not currently appropriated for the proposed transaction; therefore, Parking Revenue Bonds would need to be issued. Unfortunately, bond market conditions currently preclude the issuance of bonds by the City prior to the first closing, at which time the City must provide $9 million. The funding proposal also includes replacement of the previously appropriated bond funding with parking operations funds by deferring other projects as a means to ensure that the Ci 's Parkin Revenue Bonds are s ent as uickl as ssible. Cit Clerk's Office Le islative Trackin Kevin Crowder, City Manager's Office Sign-0ffs: De rtment Director sis City Manager ty Manager KC TH JMG nom- ~ ~~r ~ M~~~ ~~~~H AG DADA E z D- m MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachH.gov MEMO # COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager DATE: December 10, 2008 SUBJECT: A RESOLUTION OF THE MAYOR D CITY COMMISSION OF THE CITY OF .MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY AND SCOTT ROBINS COMPANIES, INC., PURDY PARTNERS, LLC., PURDY PARTNERS 1919, LLC., AND 1849 PURDY PARTNERS, LLC. (COLLECTIVELY, "SELLER"), FOR THE PURPOSE OF PURCHASING AIR RIGHTS AND CERTAIN PORTIONS OF THE LAND FOR THE DEVELOPMENT OF AN APPROXIMATELY 458-SPACE PARKING GARAGE WITH GROUND FLOOR RETAIL, IN THE NOT TO EXCEED AMOUNT OF $13 MILLION; APPROPRIATING $9 MILLION AS FOLLOWS: $4,181,941 FROM MID-BEACH PARKING IMPACT FEES FUND 155; $2,481,976.39 FROM PARKING OPERATIONS FUND 480, INCLUDING RE-APPROPRIATION OF $1,481,976.39 PREVIOUSLY APPROPRIATED FOR 16TH STREET GARAGE REPAIRS ($425,000), 7TH STREET GARAGE 2008/09 REPAIRS ($360,000), COLLINS AND 84TH STREET SURFACE LOT RENOVATION ($452,544.45), 13TH STREET PARKING GARAGE FY 2008/09 MAINTENANCE ($90,000), 17TH STREET PARKING GARAGE FY 2008/09 MAINTENANCE ($135,000), AND DESIGN OF THE CULTURAL CAMPUS PARKING GARAGE ($19,431.94); $2,336.082.61 FROM PARKING REVENUE BOND FUND 481, INCLUDING RE APPROPRIATION OF $1,812,455.55 PREVIOUSLY APPROPRIATED FOR SYSTEMWIDE METER ACQUISITION, INSTALLATION OF 250 PAYSTATIONS, AND PAY-ON-FOOT MACHINES, WITH FUNDING TO BE REPLACED BY $1,812,455.55 IN PARKING OPERATIONS FUND 480 PREVIOUSLY APPROPRIATED FOR COLLINS AND 84TH STREET SURFACE PARKING LOT RENOVATION ($272,455.55), AND 5301 COLLINS AVENUE SURFACE PARKING LOT RENOVATION ($1,540,000); FURTHER APPROPRIATING $425,000 IN ANCHOR GARAGE FUND 463 TO REPLACE FUNDING FOR 16TH STREET GARAGE, AND $360,000 FROM 7TH STREET GARAGE FUND 142 TO REPLACE FUNDING FOR 7TH STREET FY 2008/09 REPAIRS; AND AUTHORIZING APPROPRIATION OF REPLACEMENT FUNDING IN THE AMOUNT OF $2,509,431.94 FOR COLLINS AND 84TH STREET SURFACE PARKING LOT RENOVATION, 5301 COLLINS AVENUE SURFACE PARKING LOT RENOVATION, 13TH STREET PARKING GARAGE FY 2008/09 MAINTENANCE, 17TH STREET PARKING GARAGE FY 2008/09 MAINTENANCE, AND DESIGN FEES FOR THE CULTURAL CAMPUS PARKING GARAGE, UPON SALE OF FUTURE PARKING REVENUE BONDS; FURTHER DIRECTING THE CITY MANAGER, FOLLOWING EXECUTION OF. Commission Memorandum -December 10, 2008 Purdy Avenue Garage Agreement Page 2 of 8 THE AGREEMENT, TO TAKE ANY AND ALL SUCH ACTIONS, AS NECESSARY TO EFFECTUATE THE PROPOSED TRANSACTION INCLUDING, WITHOUT LIMITATION, THE PREPARATION AND EXECUTION OF ANY RELATED DOCUMENTS; AND FURTHER AUTHORIZING THE CITY MANAGER TO TAKE SUCH ACTION AS NECESSARY, AND AS RELATED TO THIS TRANSACTION, TO INITIATE THE RELOCATION OF THE PROPERTY MAINTENANCE FACILITY FROM FLAMINGO PARK TO THE CITY OWNED PROPERTY LOCATED AT 1833 BAY ROAD. Administration Recommendation Adopt the Resolution. Backcround The City and SRC have been discussing the development of a public parking garage with ground floor retail in the area of Maurice Gibb Park and Sunset Harbor (the Project). The concept for this proposed project was referred by the City Commission on January 16, 2008 to the Finance and Citywide Projects Committee for further discussion. The Scott Robins Companies ("SRC") controls a number of parcels on the block bounded by Purdy Avenue to the west, Bay Road to the east, 20"' Street to the north, and 18"' Street to the south. SRC has indicated to the City that one of the parcels, currently owned by Tremont Towing, is currently under an Option Agreement, which expires on December 31, 2008, if the City and SRC do not move forward with a planned transaction. The initial discussions centered around accomplishing several objectives, including the City's relocation of Property Management from Flamingo Park, adding parking inventory and additional retail/restaurant amenities to the Sunset Harbor area. The economics of the potential transaction include consideration for land costs and transfer of title for air rights to the City; a continuing an-angement for SRC to operate the retail/restaurant space (by long term lease); and City performance of the construction. The proposed Project provides a number of public benefits including the following three key goals: • facilitate the relocation of the Property Management Facility and redeveloping aCity- owned property; • encourage neighbofiood revitalization by increasing public parking and providing an opportunity to better serve neighbofiood retail demand; and • remove/relocate anon-conforming use from the Tremont Towing site. The proposed transaction accomplishes these three goals, although the possibility remains that Tremont Towing may continue operations at another location in the neighbofiood. Letters of support from the Flamingo Park neighborhood as well as the homeowners associations in the Sunset Harbor neighbofiood are attached as Exhibits D and E. Certain restrictions on future towing operations have been proposed by the Sunset Harbor HOAs and have been referred to the Planning Board for discussion. Property Maintenance Facility The City has an interest in relocating the Property Management Facility out of its current Commission Memorandum -December 70, 2008 Purdy Avenue Garage Agreement Page 3 of 8 location within Flamingo Park. The City currently owns three parcels at 1833 Bay Road, which is across the street from the proposed Project. In previous discussion and proposals to potentially move Property Management to the 1833 Bay Road site, one of the main limiting factors has been the availability of sufficient parking. The Property Management operation has about 75 vehicles and the 1833 Bay Road site is simply not large enough to accommodate the operation and the parking for the operation. The potential 458 space garage would make this possible as it would resolve the parking issue that has precluded the City relocating Property Management into this space. City staff has analyzed the 1833 Bay Road site, as well as the proposed Project. Staff believes that relocating Property Management to the Bay Road site and having staff and City vehicles parking in the proposed Project is a feasible solution that will work. The current building at 1833 Bay Road would need to be demolished and a new structure built on the site to accommodate the Property Management needs. The current Parking operations on the site may be able to stay with the Property Management, although it is possible that relocating one of the current Parking Department operations, either the sign shop or the meter shop, to another location would make the Bay Road site more efficient. The current Parking operation has approximately 45 vehicles. This will need to be studied further in order for staff to bring the City Commission a final recommendation as to how Property Management and Parking should interact on the site. The Property Management site encompasses approximately 45,000 square feet, which would be recaptured as Parkland if the relocation was accomplished. A preliminary estimate of the cost of acquiring land in the neighbofiood for Park expansion is $150-200 per square foot, or $6.7 to 9 million for an area the size of Property Management. Parking/Retail Demand and Economic Development Stimulus The Sunset Harbor neighbofiood is part of the Middle Beach commercial service area, which demonstrates a deficiency in neighbofiood retail. The City performed an initial economic development site analysis, which indicates that retail should do well in this neighbofiood, primarily serving middle beach residents. These residents currently have to travel to other areas since there is insufficient retail in mid-beach to meet their needs. The proposed development could provide sustainable neighbofiood retail, which would generate the need for approximately 135 parking spaces. The Parking Department has indicated that there are currently peak periods with a parking shortage in the area, such as evening hours and lunchtime. The estimated parking demand for these peak periods is 30 spaces. There is anecdotal demand for valet parking storage in the neighbofiood for restaurants, and other establishments, as well as for single-family residents who have large events in their homes. The Parking Department estimates this demand at approximately 50 spaces. There have been initial discussions regarding parking overlay district in this area that could serve as a catalyst for redevelopment of properties in the area, with the potential of expanding the neighbofiood retail opportunities beyond that which would be included in the garage. The preliminary estimate for this demand is 150-175 spaces. Analysis On March 6, 2008, the Finance and Citywide Projects Committee discussed the Project. The Committee directed the Administration to move forvvard with the analysis of the Project and Commission Memorandum -December 10, 2008 Purdy Avenue Garage Agreement Page 4 of 8 return to the Committee in 90 days with a more detailed proposal. On June 18, 2008, the Finance and Citywide Projects Committee reviewed the proposal and recommended that the Administration proceed with negotiating an agreement with SRC. The Administration and SRC continued negotiations and on November 18, 2008, the Finance and Citywide Projects Committee again considered the proposed transaction. At that time, the Administration outlined the points of a proposed agreement between the City and SRC, for the City's purchase of Air Rights over property owned by SRC, for development of the garage portion of the Project. SRC would retain the ground level for development of the retail portion of the property. At the meeting, a motion was made by Commissioner Weithom and seconded by Chairman Gross to present a final negotiated agreement for the proposed Project to the City Commission on December 10, 2008. The Finance and Citywide Projects Committee approved the proposed agreement for the transaction and further recommended the following: • Pay $8.5 million for the Tremont Towing site where Scott Robins would own the ground floor and the City would own the air rights above; • proceed with the design from the Arquitectonica contract; • secure financing in 3 years; • pay an additional $4.5 million for the remainder of the air rights; • bid the project out and build the garage; and • if the City could not achieve the. financing by the deadline, Scott Robins would provide the City with the fee for the Tremont Towing site; or • provide the City with $8.5 million and the project does not proceed. The proposed transaction is presently structured as follows: 1) SRC will exercise its Option Agreement with Tremont. The City agrees to fund the purchase of the Tremont parcel for $8.5 million and will receive Air Rights over the parcel needed to construct the garage (excludes the Tremont Out-Parcel with the office building) for this amount (at the First Closing, which will occur on or before March 31, 2009); 2) The City also agrees to pay its portion (65%) of additional pre-development and due diligence costs that exceed the current Pre-development Agreement between the City and SRC. 3) As part of the First Closing, SRC will assign its A/E Agreement with Arquitectonica to the City, for the design of the Project, (which will be assumed by the City). 4) Following approval of the agreement between the City and SRC, the City has the right to negotiate with Tremont and attempt to lower Tremont's asking price. If the price is lowered, then the amount paid by the City in Item 1 above will be lower by a commensurate amount. 5) After the purchase of the Tremont parcel (the First Closing), the City will have three (3) years to secure financing for the Project. During this time, SRC may sublet the property back to Tremont in order to offset SRC's carrying costs (for its assemblage that makes the Project plausible). 6) The City will finish the design with Arquitectonica and will bid the construction of the Project if financing becomes available. Commission Memorandum -December 10, 2008 Purdy Avenue Garage Agreement Page 5 of 8 7) Should financing become available, the City will purchase the Air Rights over the remaining property owned by SRC (which is necessary to construct the Project), for $4.5 million (the Second Closing). 8) Should the City not be able to secure financing within three (3) years from the effective date of the agreement, then SRC may at its option: a) Deed fee title to the ground of the Tremont parcel to City so that City owns the entire parcel; or b) SRC may elect to purchase City's Air Rights over Tremont parcel for $8.5 million, plus fees paid to Arquitectonica, plus the City's closing costs (from the First Closing). 9) Assuming the Project proceeds, SRC remains responsible for all development costs for the retail portion. The City is responsible for all development costs for the garage portion. The Project and the aforestated key terms, are also summarized in the attached Term Sheet. Fundins~ Availability /Prioritization Funds are not currently appropriated for the proposed transaction; therefore, Parking Revenue Bonds would need to be issued. Unfortunately, bond market conditions currently preclude the issuance of bonds by the City prior to the first closing, at which time the City must provide $9 million. Due to the funding priority of the proposed Project in relation to other items, the items listed in the third bullet below will be delayed .until such time that future parking revenue bonds are issued. Since the First Closing must occur no later than March 31, 2009, the Administration has identified the following funding strategy: $4,181,941 from (Middle Beach) Parking Impact Fee Fund 155; $2,336,082.61 from Parking Revenue Bond Fund 481, including re-appropriation of $1,812,455.55 previously appropriated for systemwide meter acquisition, installation of pay on foot machines, and pay stations. $2,481,976.39 from Parking Operations Fund 480, including re-appropriation of $1,481,976.39 previously appropriated for: 0 16"' Street Garage Repairs 0 7"' Street Garage Repairs o Collins and 84 Street Surface Lot Renovation 0 13"' Street Garage Maintenance 0 17"' Street Garage Repairs o Cultural Campus Garage Design The funding proposal also includes replacement of the previously appropriated bond funding with parking operations funds by deferring other projects as a means to ensure that the City's Parking Revenue Bonds are spent as quickly as possible. This $9 million appropriation provides $8.5 million for the costs associated with the First Closing, additional predevelopment costs, design fees, and other expenses related to the Project as well as the initial actions related to the relocation of Property Maintenance from Flamingo Park. Property Aapraisals At the request of the Finance and Citywide Projects Committee on November 18, 2008, the Administration requisitioned an appraisal from J.B. Alhale & Associates, to determine the Commission Memorandum -December 10, 2008 Purdy Avenue Garage Agreement Page 6 of 8 market value of the Project site and its various components. The full appraisal report was provided via LTC; the executive summary is attached to this memorandum. The appraiser made a physical inspection of the sites; reviewed the site surveys dated July 26, 2008; and the building plans dated August 1, 2008 and prepared by Arquitectonica. He also analyzed market data and parking revenue statistics for the City's South Beach garages. The estimate of market value of Fee Simple Interest in the Project site is $13,050,000, and the estimate of the market value of the air-rights is $6,045,000. Summary of Market Value Estimates: Fee Simple Air Rights Project Site $13,050,000 $6,045,000 Non-Tremont Parcels $5,925,000 $2,745,000 Tremont Site without the Out-Parcel $6,800,000 $3,150,000 Tremont Site $8,100,000 Tremont Out-Parcel $930,000 The estimated market value of the fee simple interest in the Project site and its various components is as follows: Proiect Site -The market value of fee simple interest in the Project site (excluding the Tremont Out-Parcel), is $13,050,000. This market value was determined via the sales comparison approach, in which 9 recent property sales, and 6 properties currently listed for sale, were analyzed. The Sales Comparison Approach is based on a comparison between recently sold comparable sites and the subject site, utilizing the price per square foot of buildable area method of comparison. Based on the appraiser's analysis, $200 per square foot of buildable area is a reasonable value estimate for the 43,500 square foot site: 43,500 SF x 1.5 FAR = 65,250 SF Buildable Area x $200/SF = $13,050,000 The Administration also requested that the appraiser provide the market value of fee simple interest in the Tremont Parcel in its entirety ($8,100,000), and also of the Tremont Out- Parcel ($930,000) and the balance of the site ($6,800,000). Tremont Site - Based on the appraiser's analysis, $200 per square foot of buildable area is a reasonable value estimate 27,000 SF x 1.5 FAR = 40,500 SF Buildable Area x $200/SF = $8,100,000 Tremont Out Parcel -Based on the appraiser's analysis, $165 per square foot of buildable area is a reasonable value estimate, due to the inferior physical development potential of the 3,750 square foot site as a stand-alone site. 3,750 SF x 1.5 FAR = 5,625 SF Buildable Area x $165/SF = $928,125 Balance of Tremont Site -Based on the appraiser's analysis, $190-200 per square foot of buildable area is a reasonable value range for this parcel. 23,250 SF x 1.5 FAR = 34,875 SF Buildable Area x $190/SF = $6,626,250 23,250 SF x 1.5 FAR =34,875 SF Buildable Area x $200/SF = $6,975,000 The difference between the sum of the Tremont Out Parcel and the balance of the Tremont site ($7,730,000) and the market value of the entire site ($8.1 million) is $370,000, which represents a premium for the land assemblage, as well as a discount due to the market value of the Out-Parcel as a stand-alone site. Commission Memorandum -December 10, 2008 Purdy Avenue Garage Agreement Page 7 of 8 Non-Tremont Parcels -Based on the appraiser's analysis, $190-200 per square foot of buildable area is a reasonable value range for this parcel. 20,250 SF x 1.5 FAR = 30,375 SF Buildable Area x $190/SF = $5,771,250 20,250 SF x 1.5 FAR = 30,375 SF Buildable Area x $200/SF = $6,075,000 The difference between the sum of the market value of the Non-Tremont Parcels plus the Tremont Site w/o the Out-Parcel ($5,925,000 + $6,800,000 = $12,725,000) and the market value of the entire project site ($13,050,000) is $325,000, and represents a premium for the land assemblage. Air Rights -The Administration also requested that the appraiser provide a value of the Air Rights related to the project site. After arriving at estimates of the market value of the Fee Simple Interest in the site, an Income Capitalization approach was utilized to determine the value of the Air Rights. As part of the Air Rights Valuation, the appraiser analyzed the parking revenue and operating expenses for the municipal parking garages located in South Beach, as well as the Parking Department's proforma for the Purdy Avenue Garage in order to project the revenue and operating expenses for the proposed garage. For Year 1, parking revenue per space was estimated to be $2,000, with an operating expense of $1,250 per space. The parking revenue/space was projected to increase at an annual rate of 12.5%, while the operating expenses were projected to increase at an annual rate of 3%. The appraiser utilized Discount Rates that ranged from 8.5% to 9.5%, along with a terminal capitalization rate of 6.25% applied to Year Six net operating income to estimate the Prospective Market Value of the Fee Simple Interest in the subject parking garage upon completion of construction. According to the appraisal, the selected discount rate range reflects current investors' yield requirements from similar type properties. Based on this analysis, the estimated Prospective Market Value, utilizing the Discounted Cash Flow Method was as follows: Market Value with a Discount Rate of 9.0% $12,085,000 Less the estimated construction cost as per Marshall & Swift Cost Guide - $6.040.000 Equals the Residual Value attributable to the Land/Air Rights = $6,045,000 The estimated Air-Rights value of $6,045,000 represents 46.32% of the estimated fee simple value of $13,050,000. According to the appraisal, °while the ground floor area with 31,850 SF of retail space utilizes only one of the five floors, the ground floor is the most valuable component of the `development envelope' as retail rental rates are reported to be $25 per square foot on a triple net basis fora `vanilla box' finish to be built-out by the tenant, while parking spaces (approximately 330 SF of garage area per parking space) are projected to generate an estimated $2,155/year or $6-7/SF of net operating income at future stabilized operations." It is important to note that following the Second Closing, in addition to the Air-Rights (which have an estimated market value of $6,045,000), the City will receive a portion of the remaining fee simple value for placement of the garage ramp and other related facilities. Garas~e Oaerations The Administration has prepared two pro-formas for the initial five years of operation, which are attached. Both pro-formas take into account the initial start-up costs that will occur in the first year. Additionally, the pro-formas assume that the retail component of the facility will reach 90% occupancy at the end of year 1, with 100% occupancy during years 2-5. Finally, both pro-formas assume 2% growth in annual revenues for years 3, 4 and 5. Commission Memorandum -December 70, 2008 Purdy Avenue Garage Agreement Page 8 of 8 The first pro-forma accounts for the spaces in the garage that will be utilized for City operations, and therefore, will not generate revenue. During the first five years, the proforma indicates that the facility will operate at a loss, although the amount of the loss diminishes each year: Year 1 Year 2 Year 3 Year 4 Year 5 Profit/Loss -$415,072 -$109,284 -$102,665 -$96,269 -$89,799 Since the City's use of 120 spaces in the garage is a unique circumstance that supports additional benefits related to this project, the Administration prepared a second pro-forma to analyze the viability of this project as if it were a normal parking garage with ground floor retail. In this scenario, the "City spaces" were not accounted for, and therefore were included as revenue-generating spaces. Under this scenario, following the first year which includes start-up costs, the garage would generate revenue: Year 1 Year 2 Year 3 Year 4 Year 5 Profit/Loss -$142,650 $253,946 $267,830 $281,490 $295,370 Conclusion The proposed Project provides a number of public benefits, which include neighbofiood revitalization by providing opportunity to meet neighbofiood retail demand and increasing public parking; it addresses City operational needs by facilitating the relocation of the Property Management Facility and redeveloping aCity-owned property; and it removes a non-conforming use. The Administration recommends that the Mayor and City Commission approve the Resolution. JMG/TH/kc Attachments Exhibit A -Term Sheet Exhibit B -Appraisal Report Executive Summary Exhibit C -Five-Year Proformas Exhibit D -Flamingo Park Neighbofiood Letter of Support Exhibit E -Sunset Harbor HOA Letters Exhibit F -Agreement between CMB and SRC T:WGENDA12008~December 10~RegularlPurdy Garage Memo.doc EXHIBIT A Term Sheet The key terms are as follows: Parties • City of Miami Beach • Scott Robins Companies Project 43,500 square foot development site 458 space public parking garage (owned/operated/maintained by CMB) 31,000 square feet of ground floor retail (owned/operated/maintained by SRC) Key Terms and Provisions: • SRC exercises Option Agreement with Tremont. City pays $8.5 million for Air Rights over Tremont parcel. City agrees to pursue financing for the project. City also agrees to pay its portion of additional Pre-Development costs. • SRC negotiates and enters into Agreement with Arquitectonica to finish construction documents and prepare the documents for competitive bidding. SRC assigns this Agreement to City. If financing is obtained, then City purchases the air rights over the SRC parcels for the garage for an additional $4,500,000; • City acquires an easement for key structural components and ramps; • City shall be responsible for all costs of construction other than the retail space. SRC will be financially responsible for the construction of the retail space. City will construct the project and operate the garage portion. • Should the City not secure financing and proceed with the project within three years, one of the following will occur at the option of SRC: o SRC deeds fee title to the ground of the Tremont parcel to City so that City owns the entire parcel; or o SRC may elect to purchase City's Air Rights over Tremont parcel for $8.5 million plus fees paid to Arquitectonica for the construction documents. Retail • Ground floor retail space may not be leased to "big box° tenants. SRC may request a waiver of this restriction from the City Commission at a later date. Public Benefits City shall relocated the Property Management Division from Flamingo Park to a nearby City-owned building, and 120 spaces shall be reserved in the garage for the Division; A minimum of 170 non-reserved, first-come first-served parking spaces shall be available in the garage at all times. 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N N N ~ ~ L ~ ~ N_ C ~~ E~~ ~°~'° pr N N ~ { ~ H ~O ~ ~~ ~; ~` ~ ~ ~ ff'N~O ~ ~' m22 ` ~ ~ ~~ ~ O~' ~~~Ntt y Z ...rN ~ H a~ ~ a N N x 3 Z 8 g ~~ '- ~ a3 W Q _ $ ~ j QZ ~ ~ Z V a~ g LL i Q ~NZQ a'. °S ~ ` > ' H ~ ~ ~ N a . ~ d ~ W W~ C ~ .O~ p ~ ~ Z a' W OaZ ~ W W ~ W Z ~U~' ~~yZ(=~Q 2 C~ O V' U G~. rr }} ss(( W Z Z d. ~~ d ~ J r ~Q F H~ O~ Z Z~ V a W 0o 0~ 4 pa~: ~c~~ ~?d~QO~cw~tW9~~~ v~q W~z `~ O , , ~y~~UO YZ W~LL~_ W W O~~J~ Z>~sON , t1 ~~JW W ZV= W W LLW~WZF"'a~ ~W W~~ ~ N ~ Uz~~ ~ O~ N C7 ~ S aafi h0 ~ Q Z W ~ ~ W a - ~(=W HW W WF ~..~j ~ WW4'V~ W4t 0 y JwQwQ~O ~>OLL~ ~~~ W ~ ~ u~ t- 5f-3v~cndF ~aiOF- Oar N M N ~ ~ ~ ~ ~ ~ ~ N N N N g g g g $ g g g $ $ g g g O 0 0 0 0 0 0 0 O O O O O O O EXHIBIT C ].B. A~,HAL~ 8L ASSt1C1ATES, I1+IC+ ~t ESTATE a-P~ts~~s ~N~ ~ol~suLTAldTs 3475 SHERIDAN STREETr Sll~TE 313 HC?LLYW4]C~D, ~i,C1RIDA 33Q21 JGt~EF ALHALE, MAI STATE +C>:ATIFIED GL~1F7tJll PtiJ41SE1c t~tCl. R,~t3~00155~' rte: l~~a ~e~. Fly: 19543 9'81-708 E-tvl~i: l~~l, T~@L~CiIII)CT ~ , 2(3413 (Nr. Kevin f~ncrwder - director City of I+~ti:~rni >uh Ecxrt-om~ 1~vcl~pat~U Divisidm & Legislati:vc Affairs 171)0 Cunvonliun Ccnilrr Drive +4th Floor Miami Be~acb, t'1dCltla 331 ~~ ~. (~;(,{~( 1 - 1$3$ i.NM1~ 4 •^++Ellil3 l./M1.riK~LLi ~Ll'i LVi~ l'arCCl ~ - 1835 P~rx1y Avemae» (~l~ ~. liarida Pat~e1 ~ - ~~4t1 1:~y ttcc~d, ~lami 13eactr, Florida Parcel ~ - 1916 icy Road, Miazni ]11, Florida Parcel ~ - ~ ~ l~r(rdy Av+~ue, ~1a7iY1 Fltu~tlSt 1?ear 14'lr_ Cymwdef: Purse td ydllr regatest fdr ~ cc~rnplete elf-r~a~nt~i~aad narr~tirr~ appr~u~l of il~t at~~e rei'erenc~ed prrrla~rties, [ s~ulunit this appraisal cep. legal L7~e~-criFtion: Farr! 1: Eastern 1 !2 uf' l ~t 5, 131ack 14, 1 stand View Subdivision., rr~crrded ~ FIAt ~k ~. Page l IS of the 1'ul}li~ 1tec5ards of Miami=Uadc Gounty» Florida P'sr~cel 2: Wcstcrn 112 of Lut 5, Blcxk 14, L~l~acul Vievr 9~bdivis'vnn, a~ t~aanrdod in Plat. Book ~, Page 11S of the Public Revords ~l' 1'~ia~ni-t~cie t:omrty, Flarici~a P~ctrl 3: Ldt ta, lllctck ld, Island View utadiv~um, as r~tttlccl m Flat Hoak b. Pagel 15 d~ [he Pttblic I'd4 of ~IaEnl-l~'8de'~4filtlty", i~lorda P'rrrcel 4,: F.,as~ra 112 of Lv~ 7 anal all of Lnt $, €ilock 14, Island '1~iew Stthdivisic~n, sa r+ec:c~rJal in Flat B~-csk 6, Page 115 dl' the Public ltecc~c~ of i~+[iaana-D+adc Gawut~r. Florida; and Lets 1 and 2, Illack 114. and the eastern 7~ foct of Lot 3, f#1;rxic l~4-A. Isxland view A~ddit~n, as recnrded in Flat Bonk 4, ljl4 0£ the Public Reovtds of llAiatati-I?~ f:cxrmy, Florida; Ion tho c~rorn 75 foci of Lot 3, Bl~: l~#--A w6ic1~ is the ~,'~5ty '~F .. nc~tliern exteen~inn of the parcel, rcfcrrad to as Trcmc~ni fJut-Parcel ~''~ Parcel :4: Western 1 f2 of l.c~t 7, ll•lt~ck 14, Island Vic-~r 5ubclivision, tts xx~t+t3dd in Plat ~k b, Page 1 I5 of the Public Records of lvti~ui-I)aclo Gaunly. F{arri~ia. Mr. Kevin Croun3er I7~emhcr 1 + 2UU8 Pie Twc~ i Dave made a physical in.tion +~f the sut~~ct site;; ~atd rewieweil the site surveys dated .July 2b, Z[l08 ~ prepared by Blanes Sut'veyars, tnc_, thr building plans dated August I, 20t}g and PTA lay ~-rtlaitieratoni~, as weq n.~ tnat~ket data. the Faricng revenue statastiwcs fnr the multi-level public parking garages in South ih, wttic#t have a utilia~c3ci in ttre pin of chic apprai~l report. I have performed maritet res~-rth and anatys.s in cutler to pravide c~titnat~ cif the Higherst and t Use anll the Market Value afi the Fc~c Simple Itcst in Pare 1, 2t 3, ~ and ~ as der~ca~ilxxl herein {tlie nvcrali redevelapmcnt site, eaccltiding the aut-paroel); the Market Vahte of the Fee Sittyple Int-i o[ the air-rights ut Parcels 1, 2r 3, 4 and ~ as descst~ed hercirx (tbe avcrall redevelapme~rtt site, excluding the ~uut-pacc~el}; tl~c hie~rkkett ~'alu,c ctf the Fee Simple Interest in Parcels 1, ~, 3 aiul 5 as described herein (the non-Tremarrt site}; the Markxx Value of tt~e 1=c~c Simple interest of the air-rights in l'arccls 1, Z, 3 and 5 as cl~crlh herein. f dte ncxi- `Tremont rites); the Market. Vatue cxf the F~ ,9impte Int~ut. in Parrxl 4 (excluding the Trctt~ant Out-l'arceil as described herein; the Market Vah~c ctf the Fee Simple Irrter~t of the au'-t'ig,~~ iu Parcel 4 (cxclutling the 7`rcanc~nt Out-P~.rcel) as descr"t+eci herv-in; tiSe Market Vaht~r of the Fee Simple lnteres-t in Parcel 4 {iix:luding t11e 'i'remant Out-Par~eel~ as descrih herein; anti tfic [Market Value cif the Fee Simple lnter~t in the eastern ?5 feet crf L.ot 3, Blac]c IA~-A, [slated View Additian, as recard~xl in. Plat l3ex~k '4, Rage l44 of ~: Puhlic iteeards ol- li+liamitlDade C.atmty, Florida (the 3,70 Sl: nnrthe~rn extc~itto of the gar~~l. refiertecl to as 'Tretnant Out- I'a~xl"). a.S of I~lavember Zl, 2,UU(~8. It is my rstiac~tte that the ~iKrket Value afi the Pc:e ;Simple [ntt in Paroels 1, ~, ~, 4 and 5 as dcsa; ribed herein (the c~v~eratl reclc,r~:lu~p~nvGnt site, excludm:~, the cmt-paw!); ~e Market. ~laltu of the Fee Simple Intc~st of the air-tights to Parcels 1, 2, 3, 4 artd 5 as dr~crbed heroin (thy overall redeveic~rtnet~t site. exchulmg the cwt-parcel); the Matlcet Value +~I the Fe~c Simple Ititeres+l in ParcSeLs I, 2, 3 stud 5 as deseribai herein. the Hero-Tt~e~nt sites}; the Mark+e# ~alu~ of the I~ee Simple Interest of th,c air-rig,Ytts in Parcels 1. ~, 3 and 5 as dcs~rt'h herein ~(thc natl. 7'rcttx~nt sites); the Matiret Value of the Fc~c Simple Interest in P'areel 4 ~exchuliug the Tremnt~ t"lut-Parcel} as described herein; the iiiarkct Value ®#' the Fee Simple Tmenest of the air-right in Parcrt 4 (excJtyding thG Tremont Out~I''trrcel) as deccrihed hrrcn; the IVlarkct. Value nt the Fee Simple Iuter~t in Parcel ~ (inching the Tt~ncant (jut-Parrel~ as described herein; and the lularket Value of the Pre dimple Imcre~ in the es~tcrn 73 feet of Lcrt ~. Blc~ek tit--A* Lind View ,~dditiou., as res~nrde,d inn Plat Book ~, Page 144 of the Public R,eeards of Miami-17'aade C,rnmty, Fl+~rid~ (the 3, D55t1 SF ntutliern exuensiarn car the parcel, rclGrrexi to as "Trcnoant [Jut- Parcel"~, as a# Navetnber 21, 2{ltJli, was. IirIARKE'I' VALIII<: C!F ~ SINII'1a~ il-ITL~II.L~`ST +(~~pv~,~+~,7~,~1N P,a-R/+~Gy~7I,:~1~,t~2.,~3,,(d~~~+IyD~S~ ~y~`y TfiiR.iT.eGl~ r~t~7ll\ [++'~~l.i' 1.//~~1p~1~~~~llJ~7tl1\lf 1J\.~~il~~ ~'l~T~~V~WRd~ MAItKE"I' VALUE OF 'i`li[t~~ AIR ItlCH"1"5 l[N PAStf: 1, ~., 3, 4 ANIa S :4iX R~IILI~IO-N !7'C1RTY >E'iV~ TliiJllS~ibiD I1C}LLA-~S Crmtimaed an next pope.. , . J.B. ALHr4kLE ~ ASSO~CATES, INC. REAL ESTATE APPRAISERS AND CON~l1LTANTS dir. ~c~vin Crctvwiler Irtacctrii~r 1, Z4Q8 i'a~c Tl~ruc ~4iAl~'T VALU)v tIE~ ~E1-: SIl~1PLE laY'1'ERTST Il~ FARC'ELti i, ~„ 3 AkIdD :5 ({'SON-TRFiMONT SiTF.S~ FIDE ik~IILLIUN Nll~NE HUNiIREt] `1"V~'FN'TY FIVE THOUS~tD IIOI.LARS [$5,92~,OQ0) 1HARKET VALUE €l-F TtiE AIR-RIOH`ffi IAT PAIt~CF.I..S 1, .by 3 AND ~ ~f'~6~I7~'~"~i~7'M~i~+.~IV~'i~-Nr S TV~O MILLION ~El'`~~ Htt~fl)It~il ~~i~ FiVE THt1US L1~OI~I.ARS ~~~~ MARKET VALUE OF FEE SI~iFLE 1N'rEi[tI~ST 1N i'ARt. 4 ('I'REM()N'T STTE), ~VITIIOUT THE t?U"r~!'ARUFI, Si7~ MILLION Ei<GHT I~DIiED TIIOUD 1KJ-lail.~1- (S6,S+OfI,~00) hgA-Rt~r VALUE OF TILE AIR RIGHTS IN PA-RC.`FaI, d {7'RE14i01VT SI7"E~, W1TIIf]UT Tt[L t3UT-PARCEL THREE MII,,Li01'~T tl3~E Hi3NDR,F.t? F1FI'3~ TIIOII~ANTI [~'lLLAR.S (~"-3,1~,a10~ RitF.T VALUE ~.1F FEE SIM~'I~H; iA~'t'ERffiT 1[N PARULI« 4 ft'RN.M(lN`C tii'1'>M~, I"I'H THE OUT•FARCLL [~;iCH'I' 11~f[LLTOhT 41~~E AiJND~RED THOLE~At"~iiD iILA[i~ rv~u~cE~r ~~~ of FEE sr~r~~F I~Ri~T ilv TREl~-IONT o~~r-I'ARC.LL, AS DFSCRIBt+'.~ ~ NINE IiL1NDI "rIIIR1"Y '7'HOIiSAi~ifl DOLLARS ~~~} 4inc~r+ely, Jc~7xf E~Ihat~. 14i,A~I ti'~ue (:ertfied ti~aeral A~!~rrais+er Lim Nc~, RZ 0001557 ).B. AL}~A4E tit ASSI~CIATES,I~C. REAL ESTATE AFP"RAISERS Afi~1D C4NS~lLTANTS EXHIBIT D Flamingo Park Neighborhood Association c/o Miami Beach Community Development Corp. i 9=1s Pennsvlvania Avenue Miami Beach. FL 33139 March 6, 2008 To: Finance Committee /City of Miami Beach Re: Relocation of CMB Property Management Facility from Flamingo Park Dear Finance Committee Members: Please accept this letter as the Flamingo Park Neighborhood Association's formal endorsement and enthusiastic support of the proposed mixed-use development by Scott Robins, of Scott Robins Companies, of property currently owned/occupied by Tremont Towing, along with surrounding properties owned by Mr. Robins, all located on land between Bay Road and Purdy Avenue, in the Sunset Harbor neighborhood. It is our understanding that, with the City's approval and partnership, this project would perfectly serve the needs of Flamingo Park and Sunset Harbor neighborhoods, and would increase the usefulness of property already owned by the City, located across the street from the proposed site. The planned structure would bring much-needed parking to Sunset Harbor businesses, and would house the City's fleet of Property Management and employee vehicles. We urge the Finance Committee to move quickly with its consideration and approval of this proposal in order to ensure Mr. Robins' ability to exercise the option he holds to buy the Tremont Towing site. It is our belief that the benefits to both neighborhoods, to the City and its Property Management Department employees, and to Mr. Robins, would justify many times over the expense to the City and any disruption to the residents. Thank you. ,~ r' Z~t"~~ ~ ~'-- Robertson / Co-Chair J Johns / Co-Chair EXHIBIT E THE TOWNHOMES AT SUNSET HARBOUR CONDOMINIlUM ASSOCIATION 1413-1415 SUNSET HARBOUR DRIVE MIAMI BEACH, FL 33139 December 1, 2008 Mayor Matti Bower and Members of the Miami Beach City Commission Miami Beach City Hall 1700 Convention Center Drive Miami Beach, FL 33139 Honorable Mayor Bower and Commissioners: I am writing on behalf of the Board of Directors and Owners of The Townhomes at Sunset Hazbour Condominium Association to endorse the construction of the mixed-use Gazage Retail Project currently being considered by you in the Sunset Hazbour Neighborhood. Our Board feels that this project will be a catalyst to the future redevelopment of the Sunset Harbour Neighborhood and will provide much-needed additional pazking for the existing businesses and restaurants in this azea. The pazking structure will enable potential development of future projects in that it may provide the necessary pazking to meet their requirements, thus avoiding massive parking pedestals for those projects. Another great advantage to this project is the ability of the City to relocate Property Management out of Flamingo Park which will provide much needed additional green space for all residents and visitors to enjoy. The location of this pazking garage will be the current site of Tremont Towing which we believe is a definite improvement to our neighborhood. However, we aze also aware that there is a defimite possibility that Tremont will relocate within the I-1 District. We believe this is a golden opportunity for the City to take a more aggressive position with both Tremont and Beach Towing which have been conducting their business in a manner not compliant with existing ordinances and state and city traffic rules and regulations. We all were aware of the existence and accepted the presence of these towing businesses when we purchased our homes in Sunset Harbour. By the same token, we expected these companies to conduct their business in a manner consistent with our laws and regulations. The situation today, as you well know, is totally unacceptable. When we add to this the coming of approximately 120 city vehicles, plus new retail and commercial development, Fresh Mazket, the existing Publix and our current restaurants, we must have important changes in the way these businesses should operate and we hope that the City will take this juncture to implement this much needed change. Mayor Bower and Commissioners December 1, 2008 Page 2 Taking into consideration all the above facts, and in view of the current relationship between the two towing companies and the City, we would condition our support for this project to the following points: 1. Amend I-1 Light Industrial District to make a "towing service" a "conditional use." 2. Amend Suppler~ntary Use Regulations to include the following requirements for "motor vehicle storage" as follows: a. Require "storage of motor vehicles" in the I-1 Light Industrial District to be approved as a "conditional use." b. Add noise regulations for storage of motor vehicles that occur after 11 p.m c. Require a landscape buffer d. Require a buffering wall at a minimum height of 10 feet e. Require all loading to be off street (interior to the storage lot.) f. Require street setback of at least five feet g. Require a roofed structure (pazking barn.) h. Require off duty security detail between hours of 11 p.m and 8 a.m if storage lot is open those hours. i. Require traffic mitigation plan as to traffic circulation and congestion from towing of vehicles entering and exiting azea. j. Require on-site pazking for persons picking up towed vehicles We feel that these conditions aze both reasonable and prudent given the changing character of the Sunset Hazbour Neighborhood. They represent the best opportunity for the restoration of our quality of life and will help guarantee that the quality of this part of our great City will be preserved and enhanced. We look forward to work with the Administration, the Commission and you, Madame Mayor, to make this project a reality and achieve all the stated goals and objectives which in the long run will not only benefit our neighborhood, but the entire City. Respectfully, Marilyn Freundlich, President Board of Directors The Townhomes at Sunset Harbour mef cc: Board of Directors Sunset Harbour North Board of Directors Sunset Hazbour South Mr. Jorge Gonzalez, City Manager