2010-27451 ResoRESOLUTION NO. 2010-27451
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING, FOLLOWING FIRST
READING AND PUBLIC HEARING, A DEVELOPMENT AGREEMENT
BETWEEN THE CITY AND THE HOUSING AUTHORITY OF THE CITY
OF MIAMI BEACH (HACMB) PERTAINING TO THE DESIGN,
DEVELOPMENT, AND CONSTRUCTION OF THE FOLLOWING
PROJECTS ON CERTAIN REAL PROPERTY OWNED BY HACMB,
LOCATED AT 1231-1251 17TH STREET, MIAMI BEACH, FLORIDA:
1.) AN AFFORDABLE ELDERLY HOUSING PROJECT WITH GROUND
LEVEL, NEIGHBORHOOD ORIENTED COMMERCIAL SPACE, TO BE
DEVELOPED AND CONSTRUCTED AT HACMB'S SOLE COST AND
EXPENSE; (THE "HACMB PROJECT") AND 2.) A PUBLIC RIGHT OF
WAY, INCLUDING A BRIDGE, FOR VEHICULAR AND PEDESTRIAN
ACCESS, CONNECTING WEST AVENUE AND DADE BOULEVARD,
TO BE DESIGNED, DEVELOPED, AND CONSTRUCTED AT THE
CITY'S SOLE COST AND EXPENSE (THE "WEST AVENUE BRIDGE
PROJECT") OVER A PREPETUAL EASEMENT OVER THE
PROPERTY; WHICH EASEMENT THE CITY INTENDES TO
PURCHASE FROM HACMB (THE `CITY EASEMENT"); AND
FURTHER APPROVING, IN SUBSTANTIAL FORM, A PURCHASE
AND SALE AGREEMENT BETWEEN THE CITY AND HACMB FOR
PURCHASE OF THE CITY EASEMENT, iN THE AMOUNT OF
$1,635,000; AUTHORIZING THE CITY MANAGER AND CITY
ATTORNEY'S OFFICE TO FINALIZE SAID PURCHASE AND SALE
AGREEMENT, AND AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE THE FINAL AGREEMENT AND, THEREAFTER,
AUTHORIZING THE MAYOR AND .CITY CLERK, AND/OR THE CITY
MANAGER AND CITY CLERK, TO EXECUTE ANY AND ALL
DOCUMENTS, AS NECESSARY TO CLOSE ON THE SALE OF THE
SUBJECT EASEMENT; FURTHER AUTHORIZING AND SETTING THE
PUBLIC HEARING FOR SECOND AND FINAL READING OF THE
DEVELOPMENT AGREEMENT FOR SEPTEMBER 15, 2010;
PROVIDED FURTHER, HOWEVER, THAT IN THE EVENT THE
DEVELOPMENT AGREEMENT BETWEEN THE CITY AND HACMB IS
NOT APPROVED BY THE CITY ON SECOND AND FINAL READING
AND PUBLIC HEARING, THEN THE PURCHASE AND SALE
AGREEMENT SHALL AUTOMATICALLY TERMINATE AND THE CITY
AND HACMB WILL HAVE NO FURTHER RIGHTS OR OBLIGATIONS
THEREUNDER.
WHEREAS, in 1999, the City Commission approved the West Avenue Bridge
Project (the Project) as Municipal Mobility Plan (MMP) Project #30, which envisioned
corridor improvements to the intersection of Dade Boulevard at 17th Street/Bay Road, to
be combined with a connection between Dade Boulevard and West Avenue through the
construction of a new bridge; and
WHEREAS, the implementation of the Project requires that the City acquire a
right-of-way through a property presently owned by the Housing Authority of the City of
Miami Beach (HACMB); and
WHEREAS, current funding for the Project includes federal funds, and the
estimated cost of the Project, including land acquisition and the planning and design, is
approximately $6.5-7 million; and
WHEREAS, At the June 25, 2008, City Commission meeting, the City
Commission referred a discussion of the Project to the Finance and Citywide Projects
(FCWP) Committee for further review; and
WHEREAS, on July 10, 2010, the FCWPC discussed the Project and directed
the Administration to try to acquire the land needed, through the purchase of an
easement over the HACMB property, for a price of $2.5 million; and
WHEREAS, the Administration engaged Quinlivan Appraisal to estimate the
market value of the easement; the appraiser formed the opinion that the entire HACMB
property had a market value of $6,100,000, and the proposed easement a market value
of $1,635,000; and
WHEREAS, the Administration has also been meeting with representatives of
HACMB regarding HACMB's plans to develop an affordable elderly housing project on a
portion of the property (the "HACMB Project"); and
WHEREAS, the proposed HACMB Project contemplates 68 to 72 units of elderly
affordable housing; 1,500 square feet of ground floor retail; and 36 parking spaces at
ground level; and
WHEREAS, the Administration and City Attorney's Office have been working with
HACMB and its counsel to develop 1.) the attached Purchase and Sale Agreement, for
the City's purchase of the easement, in the amount of $1,635,000, over a portion of the
HACMB property to develop the West Avenue Bridge Project; and 2.) a Development
Agreement, setting forth the City and HACMB's respective rights and obligations
pertaining to the City's development and construction of the West Avenue Bridge
Project, and HACMB's development and construction of the HACMB Project; and
WHEREAS, on June 22, 2010, the HACMB's Board considered both agreements
and passed a resolution approving same, in substantial form; and
WHEREAS, the City Administration would recommend that the Mayor and City
Commission approve the attached Purchase and Sale Agreement, in substantial form;
authorize the City Administration and City Attorney's Office to finalize the Agreement;
and further authorize the Mayor and City Clerk and/or the City Manager and City Clerk,
to execute any and all required documents, as necessary, to execute the Agreement and
therefore close on the sale of the easement, subject to the terms and conditions of the
attached Agreement; and
WHEREAS, the Administration would further recommend that, following the first
duly noticed public hearing on July 14, 2010, the Mayor and City Commission approve,
on First Reading, the attached Development Agreement with the HACMB, and further
set the public hearing for Second (and final) Reading of the Development Agreement for
September 15, 2010.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve, flowing First Reading and a public hearing, a Development
Agreement between the City and the Housing Authority of the City of Miami Beach
(HACMB) pertaining to the design, development, and construction of the following
projects on real property owned by the HACMB, and located at 1231-1251 17~' Street,
Miami Beach, Florida: 1.) an affordable elderly housing project with ground level,
neighborhood-oriented commercial space, to be developed and constructed at HACMB's
sole cost and expense; and 2.) a public right of way, including a bridge, for vehicular and
pedestrian access, connecting West Avenue and Dade Boulevard, to be designed,
developed, and constructed at the City's sole cost and expense over a perpetual
easement over the property (the "City Easement"), which easement the City intends to
purchase from HACMB; and further approving, in substantial form, a Purchase and Sale
Agreement between the City and HACMB for purchase of the City Easement, in the
amount of $1,635,000; authorize the City Manager and City Attorney's Office to finalize
said Agreement, and authorize the Mayor and City Clerk to execute the final Agreement
and, thereafter, authorize the Mayor and City Clerk, and/or the City Manager and City
Clerk, to execute any and all required documents, as necessary, to close on the sale of
the easement; further authorizing and setting the public hearing for (second and final)
Reading of the Development Agreement for September 15, 2010; provided further,
however, that in the event the Development Agreement between the City and HACMB is
not approved by the City on Second (and final) Reading and public hearing, then the
Purchase and Sale Agreement shall automatically terminate and the City and HACMB
will have no further rights or obligations thereunder.
PASSED AND ADOPTED this ~y~l day of .Jk 010.
APPROVED AS TO
FORM & LANGUAGE
ATTEST:
. ~~ p~~~
CITY CLERK
A OR
T:WGENDA~2010Uu1y 14U2egular~Flousing Authority Agreements Reso.docx
~ FOR ELUTION
77
ity me D to
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution approving, on first reading and public hearing, a development agreement between the
City and the Housing Authority Of The City Of Miami Beach (HACMB) pertaining to projects located
at 1231-1251 17th Street, Miami Beach, Florida: 1.) an affordable elderly housing project to be
developed and constructed at HACMB's sole cost and expense; and 2.) a public right of way,
including a bridge, for vehicular and pedestrian access, connecting West Avenue and Dade
Boulevard, to be designed, developed, and constructed at the City's sole cost and expense over a
perpetual easement over the property; which the city intends to purchase from HACMB and further
approving, in substantial form, a purchase and sale agreement between the city and HACMB for
urchase of the ci easement, in the amount of $1,635,000.
Ke Intended Outcome Su orted:
Maintain or Improve Traffic Flow
upporting Data (Surveys, Environmental Scan, etc.): Residents in the 2007 Community
Satisfaction Survey cited traffic congestion as the second most import factor affecting their quality of
life in the Ci .
Issue•
Should the Ci Commission a rove the resolution?
Item Summa /Recommendation:
1. Purchase and Sale Agreement (highlights)
• City purchasing a perpetual easement for $1,635,000.
• City will have a one (1) year "Inspection Period
• City has the right to terminate the Purchase and Sale Agreement if it determines, in its sole
opinion, that the property is not suitable or feasible for the Project.
2. Development Agreement (highlights)
• Provides for development and construction of the West Avenue Bridge Project, (over the acquired
easement), at Citys sole cost and expense; and an affordable elderly housing project with some
ground level, neighborhood-oriented commercial space (HACMB Project), to be developed and
constructed on Parcel C at HACMB's sole cost and expense.
• City staff will propose certain amendments to the City's land development regulations with respect
to modifications to minimum average unit size and parking requirements for affordable housing
projects. The proposed amendments are subject to City Commission approval.
The Administration recommends that the Mayor and City Commission adopt the resolution; approve the
Purchase and Sale Agreement and Development Agreement (on First Reading); and, further, set the public
hearing for Second (and final) Reading of the Development Agreement.
Adviso Board Recommendation:
Finance and Ci ide Pro'ects Committee -March 25, 2010
Financial Information:
Amount Account Approved
Source of Funds:
OBPI $1,635,000 To be appropriated from the 2010/11
Miami Dade County People's
Trans ortation Tax
Total $1,635,000
Clerk's Office
Si n-Offs•
Department Director Assi to t City Manager City Manager
JGG JMG
T:~AGENDA~2010Uu1y 14~RegularUiousing Authoruty Agr nts - Summary.docx
~ MIAMIBEACH
AGENDA ITEM
DATE
m MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commis
FROM: Jorge M. Gonzalez, City Manager
DATE: July 14, 2010
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING, FOLLOWING FIRST READING
AND PUBLIC HEARING, A DEVELOPMENT AGREEMENT BETWEEN THE
CITY AND THE HOUSING AUTHORITY OF THE CITY OF MIAMI BEACH
(HACMB) PERTAINING TO THE DESIGN, DEVELOPMENT, AND
CONSTRUCTION OF THE FOLLOWING PROJECTS ON CERTAIN REAL
PROPERTY OWNED BY HACMB, LOCATED AT 1231-1251 17TH STREET,
MIAMI BEACH, FLORIDA: 1.) AN AFFORDABLE ELDERLY HOUSING
PROJECT WITH GROUND LEVEL, NEIGHBORHOOD ORIENTED
COMMERCIAL SPACE, TO BE DEVELOPED AND CONSTRUCTED AT
HACMB'S SOLE COST AND EXPENSE; (THE "HACMB PROJECT") AND
2.) A PUBLIC RIGHT OF WAY, INCLUDING A BRIDGE, FOR VEHICULAR
AND PEDESTRIAN ACCESS, CONNECTING WEST AVENUE AND DADE
BOULEVARD, TO BE DESIGNED, DEVELOPED, AND CONSTRUCTED AT
THE CITY'S SOLE COST AND EXPENSE (THE "WEST AVENUE BRIDGE
PROJECT") OVER A PREPETUAL EASEMENT OVER THE PROPERTY;
WHICH EASEMENT THE CITY INTENDES TO PURCHASE FROM HACMB
(THE `CITY EASEMENT"); AND FURTHER APPROVING, IN SUBSTANTIAL
FORM, A PURCHASE AND SALE AGREEMENT BETWEEN THE CITY AND
HACMB FOR PURCHASE OF THE CITY EASEMENT, IN THE AMOUNT OF
$1,635,000; AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY'S
OFFICE TO FINALIZE SAID PURCHASE AND SALE AGREEMENT, AND
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE FINAL
AGREEMENT; FURTHER AUTHORIZING AND SETTING THE PUBLIC
HEARING FOR SECOND AND FINAL READING OF THE DEVELOPMENT
AGREEMENT FOR SEPTEMBER 15, 2010; PROVIDED FURTHER,
HOWEVER, THAT IN THE EVENT THE DEVELOPMENT AGREEMENT
BETWEEN THE CITY AND HACMB IS NOT APPROVED BY THE CITY ON
SECOND AND FINAL READING AND PUBLIC HEARING, THEN THE
PURCHASE AND SALE AGREEMENT SHALL AUTOMATICALLY
TERMINATE AND THE CITY AND HACMB WILL HAVE NO FURTHER
RIGHTS OR OBLIGATIONS THEREUNDER.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
Commission Memorandum
July 14, 2010
Housing Authority of Miami Beach -Easement Purchase
Page 2 of 5
ANALYSIS
In 1999, the City Commission approved the Municipal Mobility Plan (MMP). The West
Avenue Bridge Project (the Project) was developed from MMP Project #30, which
envisioned corridor improvements to the intersection of Dade Boulevard at 17~'
Street/Bay Road, to be combined with a connection between Dade Boulevard and West
Avenue through the construction of a new bridge. The MMP suggested that this
crossing could serve to relieve congestion at nearby intersections.
The implementation of the Project requires that the City acquire aright-of-way through a
parcel presently owned by the Housing Authority of the City of Miami Beach (HACMB).
Current funding for the Project includes federal funds, the use of which requires an
environmental impact study (EIS). The estimated cost of the Project, including land
acquisition and the EIS, is approximately $6.5-7 million.
A companion item is being presented to the Mayor and City Commission to issue an
RFQ for the design and engineering of the Project.
At the June 25, 2008, City Commission meeting, the City Commission referred Item C4E
("Discussion Regarding the Proposed West Avenue Bridge Project") to the Finance and
Citywide Projects (FCWP) Committee for further review. The FCWPC discussed the
Project at its meeting of July 10, 2008, and directed the Administration to try to negotiate
the purchase of the land needed, as an easement, for a price of $2.5 million.
Appraisal
The Administration engaged Quinlivan Appraisal to estimate the market value of the
easement (as of December 21, 2008). For the appraisal, the property was divided into
three parcels. (Attachment A). The appraiser was requested to value a permanent
surface easement over Parcels A and B. Based on the inspection of the property. and
the investigation and analyses undertaken, the appraiser formed the opinion that, the
entire property had a market value of $6,100,000 (full site; fee simple), and $1,635,000
for the permanent easement over Parcels A and B.
Potential Site Development Proposed HACMB Proiect
On November 10, 2008, the Administration prepared a preliminary site analysis to
determine the impact of the proposed easement on the development rights of the entire
HACMB property. This analysis was revised on January 6, 2009 indicating that Parcel C
could be developed as a residential project.
The Administration has been meeting with representatives of the HACMB and its
architect to further discuss the development options regarding Parcel C. The most recent
meeting with the architect took place on June 21, 2010. Currently, the proposed HACMB
Project contemplates 68 to 72 units of elderiy affordable housing; along with 1,500
square feet of ground floor retail; and 36 parking spaces at ground level. The project will
also provide for access to the canal walk on the rear of the property.
Citv's Offer to Purchase
On April 23, 2009, the Administration received a letter from the HACMB stating that, on
April 14, 2009, its Board of Commissioners discussed the City's purchase of the
proposed easement and determined that the proposal was not in the best interest of the
Commission Memorandum
July 14, 2010
Housing Authority of Miami Beach -Easement Purchase
Page 3 of 5
HACMB. The Board further directed that the sale of the property be taken off the market,
and that HACMB staff prepare an affordable housing development for the entire
property. At the June 25, 2009 FCWP meeting, HACMB staff informed the Committee
that, while the letter submitted to the City indicated that the HACMB would proceed with
development of the site, the HACMB Board desired a written offer from the City. The
Committee directed the Administration to submit a written offer for the purchase of the
easement over Parcels A & B, in the amount of $1.635 million. Said written offer was
submitted to the HACMB on June 30, 2009.
On September 8, 2009, the Board met to consider the City's offer of June 30~'. The
HACMB Board voted to reject the offer and directed its staff to continue with plans to
develop the entire property.
At the October 29, 2009 FCWP meeting, HACMB stated that an architect had been hired
to work on an affordable housing design for the entire property. HACMB further stated
that its Board discussed the City's proposal and deemed the price to not be acceptable.
General counsel for the HACMB stated that although the Board rejected the offer, it was
still be willing to negotiate further. The FCWP Committee recommended that the
Administration continue discussions and also look into the possibility of initiating
condemnation proceedings.
On February 18, 2010, the City received a letter (Attachment B) from the HACMB,
transmitting its counter-offer to the City's June 30~' offer to purchase the easement. The
HACMB accepted the City's offer to purchase the easement for $1.6 million, but
conditioned it on a number of items, including assignment rights; the additional provision
of three consecutive annual appropriations of $200,000 each to the HACMB; expedited
permitting, reimbursement of legal fees; contingency on completion of all regulatory
approvals for the development of property project on Parcel C; a waiver of Payment In
Lieu Of Taxes (PILOT) fees; and the waiver of all building permit and concurrency fees.
On February 23, 2010, the Administration sent a letter to the HACMB (Attachment C),
stating that the counter-offer could not be accepted, and that the City's offer remained
unchanged from that of June 30, 2009.
At the March 25, 2010 FCWP meeting, the Committee discussed the HACMB's counter-
offer; and recommended a new offer be made (same purchase price, but different
conditions); and recommended that the item be presented to the full City Commission.
On May 11, 2010, the HACMB's Board reviewed the City's new offer (Attachment D);
voted to accept the offer; and directed staff to work with the City to prepare the
appropriate documents.
The Administration and City Attorney's Office have worked with the HACMB and its
counsel to develop the attached Purchase and Sale Agreement and Development
Agreements. On June 22, 2010, the HACMB's Board considered both agreements and
passed a resolution approving same, in substantial form, (Attachment F).
Commission Memorandum
July 14, 2010
Housing Authority of Miami Beach -Easement Purchase
Page 4 of 5
Proposed Terms of Purchase and Sale Agreement and Development Agreement
1. Purchase and Sale Agreement
• City purchasing a perpetual easement over Parcels A & B (the City
Easement) for $1,635,000.
• City will have a one (1) year "Inspection Period° (commencing upon
execution of the Purchase and Sale Agreement) to do its due diligence,
including whatever inspections and investigations it needs to make to
determine whether or not it wants to proceed with the purchase of the City
Easement, and/or whether or not the Easement is suitable for the
development and construction of the proposed West Avenue Bridge
Project.
• City has the right to terminate the Purchase and Sale Agreement during
the Inspection Period if it determines, in its sole opinion, that the property
is not suitable or feasible for the Project.
• As one of the conditions precedent to the City's purchase of and closing
on the City Easement, the City Commission must approve the
Development Agreement between the City and HACMB.
• At closing, HACMB shall convey the City Easement to City, as well as a
covenant, or covenant in lieu of unity of title, for the entire HACMB
property (Parcels A, B, and C).
• City responsible for payment of title insurance for City Easement; cost of
the survey; cost of recording City Easement; and documentary stamp
taxes and surtaxes (if any applicable) on Easement. HACMB responsible
for recording costs of covenant or covenant in lieu of unity of title. Each
party responsible for its own attorneys' fees.
2. Development Agreement (D.A.)
• D.A. provides for development and construction of:
(i) West Avenue Bridge Project, (over the City Easement on
Parcels A&B), at City's sole cost and expense; and
(ii) An affordable elderly housing project with some ground
level, neighborhood-oriented commercial space (HACMB
Project), to be developed and constructed on Parcel C at
HACMB's sole cost and expense.
• Concept Plan for HACMB Project, as prepared by Architect Ari Sklar, is
an attachment to D.A., and is to be approved by City Commission along
with D.A.
• HACMB Project is subject to compliance with City's land development
regulations, and any required reviews by the City's land use boards.
• Project may require application for a variance.
• City staff will propose certain amendments to the City's land development
regulations with respect to modifications to minimum average unit size
and parking requirements for affordable housing projects. The proposed
amendments are subject to City Commission approval.
• HACMB has right to terminate the D.A. prior to Commencement of
Construction of the HACMB Project. However, even if HACMB
terminates, it must still close on and convey City Easement to City.
• City has also the right to terminate D.A. during the same one (1) year
"Inspection Period" provided in Purchase and Sale Agreement.
Commission Memorandum
July 14, 2010
Housing Authority of Miami Beach -Easement Purchase
Page 5 of 5
• If HACMB develops and constructs HACMB Project, it agrees to operate
the Project as an affordable housing project for a minimum of thirty (30)
years, commencing upon the issuance of a C.C. or C.O. for the Project
(Affordability Period). Affordability Period shall be memorialized through
a Restrictive Covenant, to be recorded as a condition precedent of C.C.
or C.O. for the HACMB Project.
• If HACMB sells, assigns, or transfers property prior to issuance of a
building permit for HACMB Project, then Affordability Period and
Restrictive Covenant will only apply (and be required) if successor entity
also develops property for affordable housing purposes; otherwise, not
applicable.
• No transfer or sale of the property will affect HACMB's obligation to
convey City Easement to City.
• As consideration for HACMB's agreement to develop and construct
HACMB Project, City agrees to waive Payment in Lieu of Taxes (PILOT)
fees for Project for up to fifteen (15) years, commencing upon issuance of
C.C. or C.O.; provided, however, that waiver extends to twenty five (25)
years if the proposed project does not need any variances and does not
need any amendments to the LDR's.
• Waiver of PILOT fees also extends to twenty five (25) years if City
terminates D.A. during Inspection Period and, prior to receipt of the City's
notice, HACMB has submitted application for variance. (In the event that
the Project does require a variance).
CONCLUSION
The Administration recommends that the Mayor and City Commission adopt the
resolution; approve the Purchase and Sale Agreement and Development Agreement (on
First Reading); and, further, set the public hearing for Second (and final) Reading of the
Development Agreement.
JMG/JGG/kc
Attachment A -Schematic Drawing of the Three Parcels
Attachment B - HACMB's February 18, 2010 Letter
Attachment C -City's February 23, 2010 Letter
Attachment D -City's May 11, 2010 Letter
Attachment E - HACMB's May 26, 2010 Letter
Attachment F - HACMB's June 22, 2010 Resolution
T:WGENDA12010Wu1y 14\Regular\Housing Authority Agreements Memo.docx
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Attachment B
;~~?`~`~r~~a THE HOUSING AUTHORITY
~,~ n~;;~~!*x? OF THE
~,
~q~~:.~,~~~ CITY OF MIAMI BEACH
=~~H to ,~
200 ALTON ROAD
BOARD OF COMMISSIONERS
- MIAMI BEACH. FL 33139.6742
MILLI MEMBIELA TEL: 305.532.6401
CHAIRPERSON
FAX: 305.674-BOO 1
YAMILE JIMENEZ•SOTO TDD: 305.672.5501
VICE CHAIRPERSON
WWW.HACMB.ORG
LEONARD TURKEL
VICE CHAIRPERSON
February 18, 2010
Via US Mail and E-mail transmission
Jorge M. Gonzalez,
City Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida
~°
MICHAEL BAND
COMMISSIONER
ADA LLERANDI
COMMISSIONER
MIGUELL DEL CAMPILLO
EXECUTIVE DIRECTOR
Re: 17`x' Street -Counter-offer from HACMB to the June 3U, 2009 City offer to purchase easement
On June 30, 2009, the City of Miami Beach issued an offer to purchase a permanent easement through a portion
of the Housing Authority of the City of Miami Beach's (HACMB) prclpetKy, located at 1231-1251 l7`~' Street,
Miami Beach, Florida. The City's offer to purchase the easement area for the amount oi' S 1.635 million dollars.
as generally depicted in the attached Exhibit 1, is accepted, with conditions. The 1"IACMB Board of
Commissioners, on February 17, 2010, voted to proceed with the following counter-offer:
(1 i As per discussions with the City Administration, the HACMB :accepts the offer to purchase the above
described easement interest over Parcels A and B fe1• $1.635 million.
(~) Provided, however, the HACMB is to retain the Floor Arta Ratio (FAR) for Parcels A and B to be used
for development on Parcel C - at any time in the future. The HAC'MB's retention of the FAR from the
easement portions (Parcels A & B) shall be unqualified and unrestricted ?i1r the use of Parcel C.
(3) A development agreement shall be executed, simultaneousl}~ «~ith the closing on the easement, 1'he
agreement shall specifically address the zoning and development requi~•ements fbr the remaining parcel. Parcel
C. This development agreement shall include, at a minimum, the tertrl~~. and conditions relating to the reli~i' of
parking requirements for Parcel C.
(4) The development agreement shall provide the HACMB with the ability- to transfer and/or assign its
rights under the development agreement, without limitation.
As the HACMB understands the City's offer. the terms listed above have already begin considered any: arc
implicitly a pan of the June 30`h, 2009 offer. Fur sake of clarity. the I-IACMB has specifically identified those
conditions. as part of the HACMB's counter• offer. the HACMB is additionally seeking the following:
(~) The City shall wmmit to providing the HACMB with three (31 consecutive annual apprapriatiurs of
$200,000. per year. as grants or other contributions, so that the I-lA~'~v1B can develop affol•dablr~workforce
housing on the balance of the property (Parcel C). The funding woul~~ total $(100,000, over the three (3) year
period following closing.
Letter to Jorge M. Gonzalez, City Manager
February 18, 20 ] 0
Page 2 of 2
(6) The development agreement shall commit the City to expediting the building permitting process,
including all Building, Planning and Fire plan reviews, so that a building permit may issue within ] 8 months of
DRB/Planning Board approval.
(9) The City shall reimburse the HACMB for all reasonable legal fees and expenses incurred by the
HACMB in negotiating the purchase of the easement and development agreement.
(10) If prior to the closing the HACMB has an identified site plan and project, the transfer of the easement
shall be contingent upon DRB/Planning Board approval for a development on the balance of the property
(Parcel C). The HACMB understands that the City may not contract zone. As such, with the identified plan,
the transfer of the easement shall be conditioned upon DRB/Planning approval of the HACMB's project on
Parcel C. This section is a provisional, contingent, provision depending upon the timing of the closing.
(11) The development of Parcel C must be on a no "net" loss in the number, quality, or affordability of
housing, workforce housing, and/or commercial units to be constructed. In prior discussions with the City, the
HACMB brought its architect, Ari Sklar, to the meetings who advised that approximately 60 units could be built
if the entire parcel is utilized. The HACMB would like to ensure that there is no "net loss" of this number of
units by utilizing solely Parcel C.
(12) The City is to waive all Payment in Lieu of Taxes (PILOT) fees due to the City for the Parcel C project,
for a period of 15 years from the date a Certificate of Occupancy is issued by the City.
(13) The City shall waive any building permit and/or concurrency fees for development of Parcel C.
(14) Notwithstanding the above, or any other term or condition of this letter, the following offer shall not be
binding upon the HACMB unless and until a contract for purchase and sale, and development agreement
relating to the subject easement is approved by the HACMB Board of Commissioners.
Thank you for your consideration of the HACMB's counter-offer. We look forward to working with you to a
successful conclusion of negotiations.
cerely,
Miguell Del Cam ' o,
Executive Director
Enclosure
c: Mayor & City Commission
Jose Smith, City Attorney
Raul Aquila, Deputy City Attorney
Tim Hemstreet, Assistant City Manager
Jorge Gomez, Assistant City Manager
HACMB Board of Commissioners
Eve A. Boutsis, HACMB General Counsel
EXHIBIT ~
*Term Sheet between the City of Miami Beach (City) and the Housing
Authority of the City of Miami Beach (HACOMB), for the Purchase of an
irrevocable Perpetual Easement (to the City) for the Dev®iopment,
Construction, Operation and Maint®nance of a West Avenue Connector
Bridge.
Site: That certain property owned by HACOMB, located at
1231-1251 17"' Street, encompassing approximately
40,576.80 square feet and further described as follows:
Parcel A: The westernmost portion of the Site (4,622.15
square feet).
Parcel B: The center portion of the Site (9,001.65 square
feet).
Parcel C: (see below)
Project: The City wishes to construct a bridge over Collins Canal,
to connect the portion of West Avenue with a
northernmost terminus at 17th Street, with that portion of
West Avenue between Dade Boulevard and 20~h Street.
The City shall purchase an Irrevocable Perpetual
Easement over Parcels A and B to develop, construct,
operate, and maintain the Project as a public right-of-
way for vehicular and pedestrian traffic. The public right-
of-way for the bridge is contemplated to occur through
that portion of the Easement on Parcel B. City further
agrees to maintain as "green space", the remainder of
the Easement Area, contemplated to be on Parcel A.
Purchase Price: $1,635,000.
Parcel C: HACOMB shall review the survey of the property and
identify any issues related to the future development
rights for which clarification is needed.
However, it is expressly understood by the parties that
Parcel "C" is not a part of the Project.
ALL TERMS HEREIN CONTAINED ARE SUBJECT TO AND CONDITIONED
UPON FINAL APPROVAL BY THE MAYOR AND CITY COMMISSION.
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~ Attachment C
e ®__ MIA~/11~EAC
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
Jorge M. Gonzalez, City Manager
Tel: 305-673.7010, Fax: 305.673-7782
February 23, 2010
Miguell Del Campillo
Executive Director
Housing Authority of the City of Miami Beach
200 Alton Road
Miami Beach, FL 33139
Re: 17th Street Counter Offer to Purchase Easement
Dear Mr. Del Campillo:
I am in receipt of your February 18, 2010 letter, transmitting the Housing Authority of the City
of Miami Beach's (HACMB) counter offer to the City's June 30, 2009 offer to purchase a
permanent easement through a portion of the property located at 1231-1251 17th Street. The
letter states that City's offer to purchase the .easement in the amount of $1.635 million is
accepted, but that the HACMB Board of Commissioners voted to proceed with a counter
offer of additional conditions.
Consistent with previous discussions between the .City and the HACMB, a development
agreement may be entered into between the parties, for the purpose of clarifying the
retention of the site's full Floor Area Ratio (FAR), as well as how certain other zoning and
development requirements (such as setbacks) may be addressed.
However, the counter offer includes conditions that cannot be accomplished with a
development agreement, including adjustments to the parking requirements for affordable
housing, which may only be accomplished with an ordinance, and the waiver of fees. The
counter offer includes additional conditions that have not been previously discussed, and
which tie the purchase of the easement to a requirement for the future expenditure of
additional funds and the approval of other conditions that are beyond the scope of the
purchase of an easement. Therefore, the HACMB's counter offer cannot be accepted, and
the City's offer remains unchanged from that of June 30, 2009: the purchase of the
easement area, as generally depicted in the attached survey, for the amount of $1.635
million.
You may further recall that, in addition to directing the Administration to offer $1.635 million
for the easement, the Finance and Citywide Projects Committee also directed the
Administration and the City Attorney's Office to begin exploring an alternative option which
would result in the ~ condemnation of the easement area. An update on this item will be
_ __ _ _ _ .placed. on_ the agenda of the March .25,_2010- meeting. of the Finance and Citywide. Projects
~} -~ - ~ommi ee'~a~fiich~ime-fhe~ommittee-will-'either-be-infor'med-of=the-HA~MB's-accepfance ---
of the City's offer, or presented with information on the next steps in the condemnation
process.
-----------------INe-are-eomminecl-re-providing-excellent-puf~lic-service-ond-aafett~-to~al!-who-live,-work;-and-play-in-ouc_vibrant; tropical,-hislouc-cemmuniy-- ~-_-_,-
I look forward to discussing the HACMB's re-consideration of the City's offer to purchase a
permanent easement through a portion of the property located at 1231-1251 17th Street. City
staff will be in contact in the near future to schedule a meeting between the parties. In the
meantime, please do not hesitate to contact me if you have any questions or need
.assistance.
Sincerely,
r e'Idf~Gonzalez
9
City Manager
c: Honorable Mayor and City Commissioners
HACMB Board of Directors
Jose Smith, City Attorney
Jorge Gomez, Assistant City~Manager
Eve A. Boutsis, HACMB General Counsel
--- ------------ ----We-~re~eommined-lo-providing-excellent-pudic-servic-e•and-safeA~-ball-who-live,-work,.ond.ploy_in-our_vii~ronlrtropical,-Irisiori~communiry.____
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~ Attachment D
® 1~/~ I ANI I B EAR H
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
Office of the City Manager
Tel: 305.673.701x, fax: 305.673.7782
May 11, 2010
Miguell del Campillo VIA Certified Mail
Executive Director and Electronic Mail
Housing Authority of the City of Miami Beach
200 Alton Road
Miami Beach, FL 33139
Re: City's Offer to Purchase An Easement Through 1231-1251 17"' Street
Dear Mr. Del Campillo:
The purpose of this letter is to provide the Housing Authority of the City of Miami Beach
("HACMB") with the City's revised written offer for purchase of a perpetual, non-revocable
easement (the Easement) through a portion of the HACMB property, located at 1231-1251 17'"
Street, Miami Beach, Florida (the Easement Area), pursuant to the direction of the Finance and
Citywide Projects Committee at its March 25, 2010 meeting. At that meeting, the Committee
discussed the HACOMB's 2/18/10 counter offer regarding the City's original offer to purchase
the Easement.
The following terms constitute the City's revised offer to purchase the Easement. The City's
offer is of course subject to (and shall not be binding until) negotiation and execution by the City
and HACMB of a final purchase and sale contract, which contract shall also be subject to
approval by HACMB's board and the Mayor and City Commission, respectively:
1. Area to be Purchased: the Easement Area, depicted as Parcel "A" and Parcel "B" in
Exhibit A;
2. Purchase Price: The City offers to purchase the Easement for the amount of $1.635
million;
3. City's Proaosed Use of Easement Area: The City shall use the Easement Area for the
purpose of providing right-of-way access for the construction of the proposed West
Avenue Bridge;
4. The City confirms that the remainder of the HACMB property, also known as Parcel C,
shall retain the total Lot Area of the entire parcel, including the Easement Area, for the
purpose of calculating the Floor Area Ratio (FAR). This FAR provision shall run with the
land and may be transferrable;
5. HACMB Affordable HousincLDevelooment (on Parcel C). The City and HACMB
acknowledge that HACMB intends to develop Parcel C as an affordable housing
development, which is the City's preferred and recommended use for Parcel C
(HACMB's proposed affordable housing project, the specifics of which have yet to be
determined, shall for purposes herein be referred to as the "Project"). The City and
HACMB agree to the following with regard to the Project:
a. At such time as HACMB indentifies the specific affordable housing Project> the
City and HACMB agree to enter into a development agreement or other
agreement (the Agreement) which will address, at a minimum, the following
terms:
(i) Minimum and average unit size requirements;
t-1~e are ;:ommiran m rrc;v~arrq excefl~~ ~ r:u~!+: s~rriCP -..nci scier~ ,~~ a~i whu .;vc. ,vv;ti:,. Grin ;i:0y i~: our v+'c.;ont u_:;~i; ci, hisrorc t nr;mun~!,-
(ii) Parking requirements; and
(iii) Setback requirements.
Items (i}{iii) above may also require an amendment (or amendments) to the City's
cunent Land Development Regulations.
b. Affordabillty Period. The Project shall remain as affordable housing for a
minimum of thirty (30) years, which period shall commence upon the issuance of
a Certificate of Occupancy (CO) by the City. As consideration for the
Affordability Period, the City will agree to waive all Payment in Lieu of Taxes
(PILOT) fees for the Project for fifteen (15) years, commencing upon the
issuance of a CO by the City.
c. HACMB may assign and/or transfer its rights under the Agreement to a
subsequent developer (transferee), provided that the transferee agrees to
develop the Project for its intended use as an affordable housing project, and
complies with the Affordability Period.
d. As an affordable housing project, the Project is eligible for the City's expedited
building permit review process.
e. The City shall assist HACMB and make reasonable efforts to identify funding
sources for the Project.
f. Notwithstanding subsections 5(a)-(d) above, the Agreement shall be subject to
(and shall not be binding until) approval by HACMB's board and by the Mayor
and City Commission, respectively.
This offer is a proposal for the consideration of the HACMB with the purpose of completing the
discussion and getting the proposed transaction to a final agreement that can be considered by
our respective governing bodies.
NOTWITHSTANDING THE ABOVE, OR ANY OTHER TERM OR CONDITION OF THIS
LETTER, THE AFORESTATED OFFER SHALL NOT BE BINDING UPON THE CITY UNLESS
AND UNTIL A CONTRACT FOR PURCHASE AND SALE OF THE SUBJECT EASEMENT IS
APPROVED BY THE MAYOR AND CITY COMMISSION.
Thank you for your consideration of this proposal. I look forward to your consideration of this
proposal.
Sincerely,
rge onzalez,
City Manager
Attachment
c: Mayor and City Commission
Jose Smith, City Attomey
Raul Aguila, Deputy City Attomey
Jorge M. Gonzalez, Assistant City Manager
Kevin Crowder, Economic Development
F:lcmgr\$ALLICROWDERWoint Ventures\Housing Authorityl0ffer Letter 100511.doc
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Attachment E
~~PM~~~s THE HOUSING AUTHORITY
*!,„~„ ,~,~* OF THE
3q,P~;;~9~~ CITY OF MIAMI BEACH
200 ALTON ROAD
BOARD OF COMMISSIONERS MIAMI BEACH, FL 33136742
LEONARD TURKEL TEL: 305-532-6401
CHAIRPERSON FAX: 305$74-9001
MICHAEL R. BAND TDD: 305.672.5501
VICE CHAIRPERSON
WWW.HAGMB.ORG
May 26, 2010
Jorge M. Gonzalez, City Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Re: CMB's Offer to Purchase an Easement through 1231-1251 17~' Street
Dear Mr. Gonzalez:
MILLI MEMBIELA
COMMISSIONER
MIGUELL DEL CAMPILLO
EXECUTIVE DIRECTOR
On May 18, 2010, the Board of Directors of the Housing Authority of the City of Miami
Beach (HACMB) reviewed the offer of the City of Miami Beach dated May 11, 2010. At
that time, the HACMB Boazd voted to accept the offer of the City and directed staff to
work with the City in preparing the development agreement and closing documents
relating to the creation of the perpetual easement for Pazcels "A" and "B", as identified in
the May 11, 2010 offer. The HACMB Board has directed the HACMB general counsel
to work with the City Attorney's office to expedite the development of the necessary
documents.
The HACMB looks forwazd to working with you to complete the above transaction.
Sincerely yours,
x.,/
Miguell Del Campillo,
Executive Director
cc: HACMB Boazd of Directors
Mayor and City Commission
Jorge Gomez, Assistant City Manager
Kevin Crowder, Economic Development Director
Raul Aguila, Deputy City Attorney
Eve A. Boutsis, General Counsel
i
Attachment F
HOUSING AUTHORITI' OF CITY OF MLAMI BEACH
Agenda Item No. VI. B.
.tune 22. 201(1
RESOLUTION NO. 201(1-14
RESOLUTION OF Tl-IF, HOUSING AU'rHURIT'Y OF T}-IE CITY OF MIAMI BE:4C1-1
{HACMBj PROVIDING AUTI-IC)RIZATION TO EXECUTE A PURCHASE .AND
SALE OF PERPETUAL EASEMENT AGREEMENT FUR PARCELS .A AND B OF
1231-12~] 17T" STREET, MIAMI BEACH TO THE CITY OF MIAMI BEACH FOR
51,635,000; TU EXECUTE .A DEVELOPMENT .AGREEMENT REGARDING FI_,OOFZ
AREA RATIO RIGI-I'T'S, SETBACKS, COORDINATING THE PRESENT:4TIC)N OF
AFFORDABLE HOUSING ORDI7\ANCES IZELA'I'ING "I"O PARKING AND
.4VER4GE UT~T1T SIZE. AND PROVIDING FOR .A 1 ~-?~ YLAR P1L0'f
FORGIVENESS FOR THE I-IACMB'S AFFORDABLE HOUSING PROJECT TO BE
LOCATED AT PARCEL C OF 1231-1251 17T" STREET; AU'T'HORIZING THE
EXECUTIVE DIRECTOR 7'O EXECUTE THE ATT:4Ci-IF..D DOCUMENT'S: AND
PRO\'IDING FUR AN EFFECTT~'E DATE.
V~'HEKE.AS. the Housing Authority of the City of Miami Beach; the I-IACMB. is
a public housing authority authorized under state law to provide affordable housing and
is authorized to sell a perpetual easement to the Cite of Miami Beach over Parcels :4 and
B of I23I-1251 17`h Street. Miami Beach, Florida: and.
~'1-IEIZE:AS, the City desires to purchase the easement area to construct the West
:Avenue Bridge: and.
V~'HERE.AS, the H:ACMB, subject to finalization of these documents and subject
to final approval of the Cin~ Commission agreed to sell the perpetual easement to the City
of Miami Beach for S1,Ei35.00U, plus certain conditions to be contained in a development
agreement: and,
V+'HEREAS, the purchase and sale and development a4~reements are attached
hereto as exhibits 1 and ~' (which agreements are in substantial form): and.
V~'HERE.AS. the 1-IACMB seeks to develop affordable housing on the remaining-
portion. Parcel C, of 12 ~ 1-1251 17'x' Street. and the City, in the. development agreement,
acknowledges the ability of the f-IACMB to use. the Floor Area Ratio 01~ Parcels A. B. and
C, for development nn solely Parcel C: and.
VdHEREAS, the parties agreed to a waiver of any PILOT (Payment in Lieu of
Taxes) by the HACMB for a minimum of I ~ years. to a maximum of 2~ years, should
certain proposed affordable housing ordinances not be enacted; and,
WHEREAS, as part of the development agreement, the. Cite desires to promote
and present (an) ordinance(s) relating to modifi~ing parking requirements and average
unit size of affordable housing projects on Miami Beach. which proposed revisions
would provide the HACMB the opportunity to provide a greater number of affordable
housing units on 1 Th Sveet, Parcel C; and.
V~~HEREAS, the parties understand they cannot contract zone, and therefore
recognize that the City can propose and assist the HACMB in encouraging enactment of
said ordinances but cannot guarantee same; and.
WHEREAS, based upon the foregoing, the City has agreed, that should the
ordinances not be enacted. the Cite would alternatively extend the PILOT forgiveness to
,~ years for the 17`x' Street site: and.
WHEREAS, the City also shall promote the HACMB`s project and identify it as a
preferred affordable housing project and shall assist the HACMB and make reasonable
efforts to identif} funding sources for the project: and
Wl-IEREAS, the HACMB desires to approve the attached Exhibits and to proceed
to final closing..
NOVA', THEREFORE. BE IT RESUL.~~ED BY Tl-IE BO.AKD OF
COMMISSIONERS OF TIIE 1-IOtJSING AL'THURITY OF THE CITY OF MIAMI
BEACH. MIAMI-D.ADE COLT'Tl', FLORIDA:
I. The above whereas clauses are incorporated by reference into this
resolution.
2. The attached Exhibits 1 & 2 are incorporated by reference and approved in
substantial form.
4. The HACMB authorizes the Executive Director. Mi,~uell Del Campillo to
execute the attached Exhibits and tc~ proce;ed to final closing. on the sale of the easement
area to the Cite of Miami Beach and is further authorised to execute any other documents
deemed necessarti~ to complete the transaction contemplated herein.
~. Miguel] Del Campillo, the Executive Director., as the Board Secretary and
Contract Officer of the }-IACMB is authorized and directed to negotiate the remaining
specific terms of the proposed Ordinance relatin~~ to affordable housing.
b. This Resolutions shall continue in full force. and effect and may be relied upon
by the HACMB. the Cit}, and the applicable Property Title l.nsurance Compan}~, until
receipt of written notice of an}~ change therein.
The foregoing resolution was offered b}~ Commissioner Fernandez, who moved its
adoption. T1~e motion was seconded b.' Commissioner Membiela and upon being put to a
vote, the vote was as follows:
Yes
Leonard Turkel (.Absent) _
Michael R. Band X
Milli Membiela }:
Emilio D. Fernandez }~
Nn
The Vice Chairperson thereupon declared the resolution du1~- passed and adopted this
22"~ day of June 20l U. --
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Miguell Del Campillo, Se~tar~~
Housing Authorit~~ of the
City of Miami Beach
Appfo~e as t ' farm and content
Ev~A;Bout~s. Office of General Counsel to
Hdtzs~ing Authorit~~ of the City of Miami Beach