2010-27490 ResoRESOLUTION NO. ~ 2010-27490
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF 'MIAMI BEACH, FLORIDA, APPROVING, FOLLOWING
SECOND AND FINAL 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 I 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"), PURSUANT TO
THE TERMSIAND CONDITIONS OF THAT CERTAIN PURCHASE AND
SALE AGREEMENT BETWEEN THE CITY AND HACMB, AS
APPROVED I (IN SUBSTANTIAL FORM) ON JULY 14, 2010,
PURSUANT TO RESOLUTION N0.2010-27451.
WHEREAS! in 1999, .the City Commission approved the West Avenue Bridge
Project (the Project) I as Municipal Mobility Plan (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 newt bridge; and
WHEREAS,I 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 I 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, th'e 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, 'following a duly noticed public hearing on July 14, 2010, the Mayor
and City Commission adopted Resolution No. 2010-27451, approving, on First Reading,
the attached Development Agreement with the HACMB; approving, in substantial form,
the Purchase and Seale Agreement between the City and HACMB; authorizing the City
Administration and City Attorney's Office to finalize the Purchase and Sale Agreement;
authorizing 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 Purchase and Sale
Agreement and therefore close on the sale of the Easement, subject to the terms and
conditions therein; and setting the public hearing for Second (and final) Reading of the
Development Agreement for September 15, 2010; and
WHEREAS, at its regular meeting on September 15, 2010, the Mayor and city
commission held thei duly noticed public hearing for Second and Final Reading of the
Development Agreement.
I
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,. following Second and Final 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, pursuant to the terms and conditions of that certain Purchase
and Sale Agreements between the City and HACMB, as same was approved (in
substantial form) on July 14, 2010, pursuant to Resolution No. _2010-27451.
~ / stti
PASSED AND ADOPTED this day of S /•2010.
ATTEST' ~ '
Gti/l. .
CITY CLERK A O AS T4
TORN! & LANGUAGE
T:WGENDA\2010\September 151Regular\Housing Authority Agreements Reso.docx 8t~1~n1'~ EXECUTION
i g~3~ r~
ttomey ate
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution approving, on second and final 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 11231-1251 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 easementlover 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 City Commission approve 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 City's 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 rep
Purchase and Sale Ag
ends that the Mayor and City Commission adopt the resolution; approve the
;nt and Development Agreement (on Second and Final Reading).
Adviso Board Recommendation:
Finance and Cit ide Pro'ects Committee -March 25, 2010
Financial Information: ~
Source of Funds:
OBPI
Amount
Account Approved
Total II I -._
Cit Clerk's Office Le i,slative Trackin
Kevin Crowder, Jor a Gomez
Sian-Offs:
Department Directo ~ Assist nt City Manager City Manager
'i JGG JMG
~ :wv vH~cu i v~ae muer i ~~rceguiar~nousmg Humorury Hgreements - summary.aocx
11/I~A11/11 ~E~~H
AGENDA ITEM
DATE Q`IS ly
m MIAMI BEACH
City of Miami Bach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachH.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
SECOND READING
DATE: September 15, 2010 PUBLIC HEARING
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
~OF MIAMI BEACH, FLORIDA, APPROVING, FOLLOWING SECOND
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.
N
Adopt the Resolution
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 bel combined with a connection between Dade Boulevard and West
Avenue through the construction of a new bridge. The MMP suggested that this
Commission Memorandum
September 15, 2010
Housing Authority of Miami Beach -Easement Purchase
Page 2 of 5
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 fort 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.
3d HACMB Pra
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 r
architect to further dis
meeting with the arch
Project contemplates
square feet of ground
also provide for acres
On April 23, 2009, the
April 14, 2009, its E
proposed easement a
HACMB. The Board f~
and that .HACMB st
property.. At the June
that, while the letter s
development of the s
Committee directed tl
easement over Parce
as been meeting with representatives of the HACMB and its
puss the development options regarding Parcel C. The most recent
tect took place on June 21, 2010. Currently, the proposed HACMB
68 to 72 units of elderly affordable housing; along with 1,500
floor retail; and 36 parking spaces at ground level. The project will
~5 to the canal walk on the rear of the property.
Administration received a letter from the HACMB stating that, on
yard of Commissioners discussed the City's purchase of the
d determined that the proposal was not in the best interest of the
they directed that the sale of the property be taken off the market,
Ff prepare an affordable housing development for the entire
?5, 2009 FCWP meeting, HACMB staff informed the Committee
omitted to the City indicated that the HACMB would proceed with
e, the HACMB Board desired a written offer from the City. The
;Administration- to submit a written offer for the purchase of the
A & B, in the amount of $1.635 million. Said written offer was
Commission Memo
September 15, 201
Housing Authority c
Page 3 of 5
submitted to the
Miami Beach -Easement Purchase
MB 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 forlthe 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 Hof June 30, 2009.
At the March 25, 2010 FCWP meeting, the Committee discussed the HACMB's counter-
offer; and recomme ~ ded 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 I offer; and directed staff to work with the City to prepare the
appropriate documents.
The Administration ahd 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).
On July 14, 2010, the Mayor and City Commission approved the Purchase and Sale
Agreement in substantial form, and also held the first public hearing and approved the
Development Agreement on first reading. At the Commission meeting, some concerns
related to the project were raised by a resident of the area, Mr. Mark Wohl. The HACMB
agreed to meet with Mir. Wohl between first and second reading to discuss his concerns.
The ,parties met on July 29, 2010, and Mr. Wohl offered input on both the proposed
bridge as well as the HACMB's concept for elderly housing. The comments related to the
bridge project were provided to staff and will be addressed as part of the PD&E study.
The .comments regarding the elderly housing included emergency vehicle access,
incorporating urban/pedestrian design, rooftop decoration, and green space, the parties
agreed to .meet again after Mr. Wohl reported back to his condominium association the
Commission Memorandum
September 15, 2010
Housing Authority of Miami Beach -Easement Purchase
Page 4 of 5
results of the first meeting.
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
exec ~ tion 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 lias 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
• D.A. p
(
• Concel
an atta
with D.,
• HACMI
regulati
• Project
• City Stc'
regulati
and pa
amends
• HACMI
Constr~
termins
ides for development and construction of:
West Avenue Bridge Project, (over the City Easement on
Parcels A&B), at City's 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.
Plan for HACMB Project, as prepared by Architect Ari Sklar, is
ment to D.A., and is to be approved by City Commission along
Project is subject to compliance with City's land development
ns, and any required reviews by the City's land use boards.
gay require application for a variance.
will propose certain amendments to the City's land development
ns with respect to modifications to minimum average unit size
;ing requirements for affordable housing projects. The proposed
ents are subject to City Commission approval.
has right to terminate the D.A. prior to Commencement of
:tion of the HACMB Project. However, even if HACMB
;s, it must still close on and convey City Easement to City.
Commission Memorandum
September 15, 2010
Housing Authority of Miami Beach -Easement Purchase
Page 5 of 5
• City has -also the right to terminate D.A. during the same one (1) year
"Inspi ction Period" provided in Purchase and Sale Agreement.
• 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
(Affo ~dability 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
conveiy 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 Iif 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
On July 14, 2010, the Mayor and City Commission approved the Purchase and Sale
Agreement and .Development Agreement on First Reading and set the public hearing for
the Second (and final) Reading. The Administration recommends that the Mayor and
City Commission adopt the attached resolution; approve the Purchase and Sale
Agreement and Development Agreement (on Second Reading).
JMG/JGG/RA/!Fc
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:WGENDA\2010\September 15\Regular\Housing Authority Agreements Memo.docx
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BOARD OF COMMISSIONERS
MILLI MEMBIELA
CHAIRPERSON
YAMILE JIMENEZ•SOTO
VICE CHAIRPERSON
LEONARa TURKEL
VICE CHAIRPERSON
February 18, ZU 10
Via US Mail and E-mail
Jorge M. Gonzalez,
City Manager
City of Miami Beach
1700 Convention Center Dri
Miami Beach, Florida
Re: 17`" Street -
THE HOUSING AUTHORITY
OF THE
CITY OF MIAMI BEACH
200 ALTON ROAD
MIAMI 9EACH. FL 33139.67.42
TEL: 305.532.640 t
FAX: 305.674.9001
TOD: 305.672•S50 t
WWW.HACMB.ORG
MICHAEL BAND
COMMISSIONER
ADA Lt.ERANDI
COMMISSIONER
MIGUELL 1~EL CAMPILLO
EXECUTIVE DIRECTOR
ssion
from HACMB to the June 30, ?009 City offer to purchase easement
On June 30; 2009, the City o ~ 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) property, located at 1?31-1251 17`" Street.
Miami Beach, Florida. The City's offer to purchase the easement area 1'or the amount of $1.635 million dollars,
as generally depicted in .the attached Exhibit 1, is accepted, with conditions. The HACMB Board of
Commissioners, on February 17, ?010, 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 auovrr
described easement interest over Parcels A and B fer $1.635 million.
{=) Provided, however, the HACMB is to retain the Floor Arta Ratio (FAR) for Parcels A and B to be used
i~ar development on Parcel C - at any time in the future. -The HAf:MB~s retention of the FAR from the
easement portions (Parcels A & B) shall be unqualified and unrestrirtzcl ?i-r the use of Parcel L.
(3) A development agreement shall be executed; simultaneous)}• t~•~ith the closing on the easement. Z'he
agreement shall specifically address the zoning and development requirements for the remaining parcel, Parcel
C. This development agreement shall include, at a minimtun, the tet~tnc: and conditions relating to the reli~i• oi'
parking requirements for PazceY C.
(4) The development agreement shall provide the HACMB with the ability- to transfer and/or assi~*n its
rights under the development agreement, without limitation.
As the HACMB understands the Cit}-'s offer. the terms listed abc~vE have alread~~ bec;n considered arn: arc
impl;citly a pan of the June 30~h, ?009 offer. Foi• sake of clarity-, the 1-1'HCMB has specif call}r identif ed ti~lc~se
conditions. As part of the HACMB's eoturter•~ofter. the 1-i.ACMB is additionally seeking the fo:ioa-inb:
(~) The Cit}~ shall commit Ito providing the HACMB with three (i~;! consecutive annual appropriations of
$200,Ot)U. per year. as grants or other contributions, so that the Hv-~'v1B can develop affordahle~worlforce
housing on the balance of the property (Parcel C~). the funding wool: total $600,000, over- the ttu'r:e (3) year
period following closing.
Letter to Jorge M. Gonzalez,
February 18, 20 ] 0
Page 2 of 2
(6) The development
including all Building, Pl.
DRB/Planning Board app
(9) The City shall reii
HACMB in negotiating the
Went shall commit the City to expediting the building permitting process,
and Fire plan reviews, so that a building permit may issue within 1~8 months of
the HACMB for all reasonable legal fees and expenses incurred by the
~e 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 D~RBlPlanning 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
(l 4) Notwithstanding the a
binding upon the HACMB
relating to the subject easem
Thank you for your cons;
successful conclusion of
cerely,
Miguell Del Cam ' o,
Executive Director
Enclosure
c: Mayor & City Commis:
Jose Smith, City Attorn
Raul Aguila, Deputy Ci
Tim Hemstreet, Assista~
Jorge Gomez, Assistant
HACMB Board of Corn
Eve A. Boutsis, HACM
Manager
building permit and/or concurrency fees for development of Parcel C.
e, or any other term or condition of this letter, the following offer shall not be
less and until a contract for purchase and sale, and development agreement
is approved by the HACMB Board of Commissioners.
~ of the HACMB's counter-offer. We look forward to working with you to a
ions.
Attorney
City Manager
ity Manager
issioners
General Counsel
EXHIBIT ~
""'d'®rm Sheet ~ between the City of Miami Beach (City) and the Housing
Authority of the City of A1liami Beach {HACOMB:), for the Purchase of an
Irrevocable Perpetual Easement (ta the City) for the Dev®iopment,
Construction, Operation and Maintenance of a West Av®nue Connector
Brill®e.
Site:
Project:
Purchase Price;
Parcel C:
ALL TERMS
UPON FINAL ~
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)
The City wishes to construct a bridge over Collins Canal,
,to connect the portion of West Avenue with a
northernmost temlinus at 17~' Street, with that portion of
West Avenue between Dade Boulevard and 20~h Street.
The City shat( 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.
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.
EIN CONTAINED ARE SUBJECT TO AND CONDITIONED
OVAL BY THE MAYOR AND CITY COMMISSION.
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MIA/V~I~E~~
City of Mlio~ni Beo~Ch, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
Jorge M. Gonzalez, City Mctnctger
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 33'139
Re: 17~' 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 additiona! 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 requ~rernents {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 #hat have not been previously discussed, and
which tie the purchase of the easement to a requirement for ~ the future expenditure of
additional funds and ~ he approval of other conditions that are beyond the scope of the
purchase of an easernent. 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.fi35
mipion. ~
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..a :ends, .of the_March _25,.
_9 : ; _ ,. ._ _ _ _. . _ 2010 meeting. of the__Finance and Citywide. Projects
omm ee,-~a ~w icl~ime~- e~ommt ee=will-~et~her-b`e--i~ormed-of"ti~e°HA~l1A6's~~a~cceptance
of the City's offer, or presented with information on the next steps in the condemnation
process. ~
~.. i
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 1231-125'1 17"' 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,
rge onzalez .
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
iding-exr:elU
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Attachment D
m MIAMIBEACH
City of !IA'fomi Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachN.gav
Office of the City Mana~}er
Tel: 305.673.7010, Fax 305.673.7782
May 11, 2010
Miguell del Campilio 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. Dei
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 properly, 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 2118110 counter offer regarding the Cites original-offer to purchase
the Easement.
The following terms constitute the City's revised offer to purchase the Easement. Th® 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 do purchase the Easement for the amount of $1.635
million;
3. City's Proposed 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 Ares, 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 Housin~a Development (on Parcel C). The Cfty 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
(HACIIAB's proposed affordable housing project, the specifics of which have yet to be
determined, shalt 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
(i} fVlinimum and average unit size requirements;
~•lfr. or+.~ .;Ummf-fBCi fu nrrn•itirrCf P.xG°ii~rt,;,uw~:; s°wiCr :?4R SC71~ty :i, Q~i whG !rti•~, wJ7i:, CnC. „r:p• • ir:n~~r Vi~.;Un~, nL:;~iC ~ ~
Parking requirements; and
Setback nequirements.
Items (}-(iii} above may also require an amendment (or amendments) to the City's
current Land Development Regulations.
b. Affordabii P,~ o_d. 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 flfteen (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
(a ~ d 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 fine! agreement that can be considered by
our respective g~veming 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 tS
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,
City Manager
Attachment
c: Mayor and City Commission
Jose Smith, City Attorney
Raul Aguiia, Deputy City Attorney
Jorge M. Gonzalez, Assistant City Manager
Kevin Crowder, Economic Development
VentuneslHousing Aufhortt~lorFer !.attar 1 Q0511.doc
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Attachment E
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H
BOARD OF COMMISSIONERS
LEONARD TURKEL
CHAIRPERSON
MICHAEL R. BANG
VICE CHAIRPERSON
May 26, 2010
Jorge M. Gonzale
City of Miami Be
1700 Convention
Miami Beach, Flc
THE. HOUSIIVC~ AUTHORITY
OF THE
CITY OF MIAMI EEACH
200 ALTON ROAD
MIAMI BEACH. FL 33tS9.6742
TEL: 305.532401
FAX:3o5~74,•8001 -
TDD: 30672.5801
W W W.I~IAGMB.ORG
City Manager
er Drive
33139
Re : CMB's Offer to Purchase an Easement through 1231-1251 17a' Street
Dear Mr. Gonzalez:
MILLI Ml=MBIELA
COMMISSIONER
MIGUELl DEL GAMPILL.O
EXECUTIVE DIRECTOR
On May 18, 2010, the Board of Directors of the Housing Authority of the City of Miami
Beach (HACMB) revaewed the offer of the City of Miami Beach dated May 11, 2010. At
that time, the HACMB Board 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 Parcels "A" and "B", as identified in
the May 1I, 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,
Miguell Del Campil
Executive Director
azd of Directors
rty Commission
z, Assistant City Manager
er, Economic Development Director
Deputy City Attorney
eneral Counsel
cc: HACMB BO
Mayor and C'
Jorge Gome
Kevin Crowd
Raul Aauila.~
i
;Attachment F
HOU
G AUTHORITY OF CITE OF MLAMI BEACH
Agenda Item No. Vl. B.
June 22. "'() } (~
RESOLUTION NU. 2(11(1-14
RESULUTlO>\ OF
{HACMB j PROV I:
SALE OF PERPET
123}-I2~} }7TH S
S 1,6~S,000: TC) EX
AREA R4T10 RI C
AFFORDABLE F
AVER4GE UNIT
FORGIVENESS F(
LOCATED AT I'~
EXECUTIVE DIRT
PROVIDING FUR
I'}~F, HOL'STNG AUTHUIZIT~' OF THE CITY OF M1AA~J BEACI-1
)ING .4L'TI-iURIZATlO?~ TO E~:ECt'TE A PtIRCHASE ANU
UAL EASEMEA~T AGREEME?~'7' FUR PARCELS A AN=D B OF
I'REET, MIAMI BEACH TO THE CITY OF ML4MI BEACH FUR
~CL1TE .A DEVELOPME?~TT AGREEMENT REGA.RDTNG FL.UC)k
}-ITS. SETBACKS. COORDI?~ATING THE PRESEI~TATIUN OF
OUSP.JCi URDII~;ANCES RELATING 7'C~ PARKP.~G AND
SIZE. ANU I'RUVIDING FUR A l ~-?~ YEAR PILC)~'
~R-THE I-iACMB'5 AFFORDABLE HOUSING PR0.IECT TO BE
.RCEL C OF l ? ~ 1- l 2~ l } 7TF~ S'I'REE7~; ALt'I'HORIZING THE
:C7'OR 7'0 EXECL1TE THE :41~T-:4C.l-IF..D UC)CtiMEh"f'S; .4ND
'~N EFFF.C'TI~'E DATE.
V~'HEREAS! the Housing Authorit~~ of the City cif Miami Beach; the I-IACMB. is
a public housing au~thnrin~ authorized under state law to pm~~ide affordable hc.~using and
is authorised to sell a perpetual easement tc~ the Cite cif Miami Beach ~vcr Parcels A and
B of ] ?3 } -1251 l 7`h Street, Miami Beach. Florida: and;
V~'l-iEItEASI the Cin~ desires to purchase the easement area tc~ construct the West
Avenue Bridge; and.
R'HEREAS! the H:4C1\~B, suhject to .finalization of these documents and subiect
to final appmva} of the Cin~ Commission agreed to sell the perpetual easement to the Cite
of Miami Beach for S-l ,6?S,000. plus certain conditions to be contained in a develo}~ment
agreement: and, .
V~'HEREAS! the. purchase and sale and development a~.:reements are attached
hereto a5 exhibits } .and 2 (which agreements are in suhstantia) fc~rm:i: and.
V~'HERE.AS! the 1-iACMF3 seeks to develop affordab}e ht-usin~ cm the retnainin~
portion. Parcel C, 0~1' l 2 ~ I - l 251 l 7''' Street, and the C:it~~, in the. develc~pmc:nt agreement,
aclnow}edges the aht}ity of the }-IAC'}.~B tc- use the. f'l~or Are~~ Ratio of~ Parcels .4. B. and
C, for development nn so}el~~ Parcel C': and,
V-THEREAS~, the parties agreed to a waiver of an}~ PILOT (Pa}-ment in Lieu of
Taxes) by the HACMB for a minimum of 15 years, to a maximtun of ?~ 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 modifying parking requirements and average
unit size of affordable hvusing projects on Miami Beach. which proposed revisions
would pro~~ide the HACMB- the opportuninf to provide a greater number of affordable
housing units on 17~h Street, 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;
VdHEIZEAS, based upon the foregoing, the Cit}- has agreed, that should the
ordinances not be enacted; the Cite would .alternatively extend the PILOT forgiveness to
25 years for the 17 i" Street site: and.
WHEREAS; the City also shall promote the HACMB's project and identify it as a
preferred affordable hvusing project and shall assist the HACMB and make reasonable
efforts to identif~~ funding sources for the project; and
VdI-IEREAS, the HACMB desires to approve the attached Exhibits and to proceed
to final closing..
NOVA'. THEREFORE. BE IT RFSOL~'ED B Y TI-II~ I3C)ARU OF
COMMISSIONERS OF THE 1-IOtJSING AUTHURITI' OF THE CITY OF Ml AMl
BEACH; MIAMI-DADS CUL'1~'Tl', FI.URIDA:
1. The' above whereas clauses are incorporated b~~ reference intc- this
resolution.
2. The attached Exhibits 1 & ?are incorporated b}~ .reference and approved in
substantial form. ~ .
4. The' HACMB authorizes the Executive Director, Mi~~uell Del Campillo to
execute the attached Exhibits and tc~ proceed to final closing. on the sale of the easemc;nt
area tc~ the Cite of Miami Beach and is further authorised to execute anv ether documents
deemed necessar}~ to complete the transaction contemplated herein.
~. Mif:uell Del Campillo. the Executive Director; as the Board S~:cretarv and
Contract Ufrcer of the H.4CHB is authorized and directed to negotiate the remaining
specific terms of the proposed Ordinance relating tc.- affordable housing.
b. This Resolutions shall continue in full force. and effect and rnat~ he relied upon
lw the HACMB. the C.it}~, and the applicable Propertj~ Title lnsurance Cc~mpan~•, until
receipt of written nonce of an}~ change therein.
The foregoing res~
adoption. The moti
vote, the vote was a
elution was offered by Commissioner Fernandez, who moved its
on was seconded b}° Commissioner Membiela and upon being put to a
s follows:
1'es
~ No
Leonard Turkel (.Absentl
Michael R. Band X _
Milli Membiela X
Emilio D. Fernandez
The Vice Chairperson thereupon declared the resolution dui- passed and adapted this
r of 3une 201 U
2'n~ da - .
'
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Mi ael. ;' airperson Miguel) Del Campillo, Se retan~
Ho ng . rit}~ ~f the Housing Authority- c~f'the
Ciri' of Mi 'Beach Cite of Miami Beach
~ ~ .
Ap east ' 1"orm and content
Ev A;'B~u is. Office of General Counsel t~
H t~'ng Authorit~~ of the Citt~ of Miami Beach