82-17223 RESOLUTION NO. 82-17223
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY
MANAGER TO ENTER INTO AN AGREEMENT WITH FREILICH
& LEITNER, P.C. FOR THE PROVISION OF LEGAL AND
RELATED CONSULTING SERVICES RELATIVE TO THE
SOUTH BEACH REDEVELOPMENT PROJECT IN ACCORDANCE
WITH THE GENERAL TERMS AND CONDITIONS AND THE
SPECIFIC SCOPE OF SERVICES AS SPECIFIED HEREIN;
AND AUTHORIZING THE APPROPRIATION OF (1) UP TO
ONE HUNDRED FIFTY THOUSAND DOLLARS
($150 ,000.00) TO FUND PART A OF SUCH AGREEMENT;
(2) THE CITY SHARE OF TAX INCREMENT FUNDS FROM
THE REDEVELOPMENT PROJECT AREA TO BE RECEIVED IN
OCTOBER 1983 TO FUND PART B OF SUCH AGREEMENT;
AND (3) ANY UNEXPENDED TAX INCREMENT FUNDS RE-
CEIVED IN OCTOBER 1983 AND TAX INCREMENT FUNDS
RECEIVED THEREAFTER TO FUND PART C OF SUCH
AGREEMENT.
WHEREAS, the City Commission has determined that it is in
the best interests of the City to assume a more active and affirma-
tive role in South Beach Redevelopment Project Area planning and
plan implementation; and
WHEREAS, the City has recognized that the orientation of
such planning should be shifted from "predominant clearance" to a
concept which emphasizes selective clearance of deteriorated and un-
safe structures; new construction on cleared parcels; repair and
rehabilitation of existing structures; infill development of exist-
ing vacant parcels; and preservation of structures of historic or
architectural significance; and
WHEREAS, the City owns substantial amounts of property in
the Project area which is or could be made available for development
and redevelopment, is responsible for zoning and other plan imple-
mentation measures in the plan area, and is responsible for the
provision of public facilities and services in the area; and
WHEREAS, the City Commission has determined that in order
to effectuate a viable and realistic concept for redevelopment of
the Project area, a revised Redevelopment Plan must be prepared and
adopted; and
WHEREAS, the City Commission has adopted an ordinance
amending the Zoning Ordinance of Miami Beach, Florida, on first
reading on December 17, 1982, by deleting therefrom in its entirety
Section 22 -- RU Redevelopment Use District and adopting in substi-
tution thereof a new ID -- Interim Development District; and
WHEREAS, the City 's intent and policies as to such revised
Redevelopment Plan are set forth in Resolution No. 82-17222; and
WHEREAS, the City Commission has, by Resolution No. 82-
17224 , pursuant to Florida Statutes §163.357 , appointed the govern-
ing body of the City as the community redevelopment agency with all
rights, powers, duties, privileges and immunities vested in such
agencies; and
WHEREAS, the City Commission has proposed a financing ap-
proach to the County whereby (1) the County will continue tax incre-
ment financing for the Project with County revenues being placed in
escrow for use in relation to specific redevelopment actions and
with City revenues being committed to fund necessary legal and
related consulting services in furtherance of a revised Redevelop-
ment Plan for the Project Area; and (2) the County will actively
participate in the development of the revised Redevelopment Plan
through participation on a "technical team" ;
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OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA:
I. Authorization to Contract and Appropriation of Funds
A. The City Commission hereby authorizes the City Manager to
enter into an Agreement on behalf of the City with Freilich &
Leitner, P.C. for the provision of legal and related consulting ser-
vices, including a subcontract agreement with Carl K. Hoffmann for
local legal services, as needed, and any necessary planning sub-
contract agreements, relative to South Beach Redevelopment Project
Area planning and plan implementation in accordance with the general
terms and conditions specified herein. Part A of such Agreement,
shall make provision for the necessary services for completion of
the revised Redevelopment Plan as well as incidental services
related thereto, including disposition of South Shore Development
claims and initiation of specific redevelopment projects. Part B of
such Agreement shall provide for the revised Redevelopment Plan ap-
proval and adoption processes, as well as such incidental planning
and legal services as are necessary to advance and implement the
redevelopment process. Part C of such Agreement shall provide for
on-going legal and related consulting services as may be needed, to
advance and effectuate the redevelopment project to final comple-
tion.
B. The City Commission hereby appropriates up to ONE HUNDRED
FIFTY THOUSAND DOLLARS ($150,000.00) from the remaining funds of the
Redevelopment Agency, subject to final audit towards the retention
of Freilich & Leitner , P.C. , to effectute a revised Redevelopment
Plan pursuant to Part A of the proposed Agreement as set forth here-
in.
C. The amount specified in I. 2 above shall be applied towards
the provision of legal and related planning services necessary to
produce a revised Redevelopment Plan in accordance with the intent
and objectives of the City as set forth in Resolution No. 82-17222.
D. The City Commission hereby authorizes the appropriation of
the City share of tax increment funds from the Redevelopment Project
Area for the purposes of the legal and related consulting services
as needed to ensure the adoption of the revised Redevelopment Plan
and the initiation of specific redevelopment projects and other
activities pursuant to Part B of the proposed Agreement as set forth
herein.
E. The City Commission hereby authorizes the appropriation of
the unexpended City share of tax increment funds from the Redevelop-
ment Project Area for any necessary legal, administrative and plan-
ning services of an on-going nature necessary to advance, promote
and implement the revised Redevelopment Plan pursuant to Part C of
the Proposed Agreement as set forth herein.
II. Scope of Agreement for Consulting Services
PART A
A. Time of Performance: December 20 , 1982 through June 15,
1983.
B. Scope of Work:
1. Preparation of Revised Redevelopment Plan and Imple-
mentation Strategy in conformance with Fla. Stat. §§163.360
and 163.362 , including negotiation and administration of sub-
contracts, as needed, for land use planning, urban design, real
estate economics and market demand, public finance, housing and
other specialized Plan-related services.
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OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139
2. Consultation with various City and other public enti-
ties and agencies involved in the plan development process; at-
tendance at and presentations to public meetings, workshops and
hearings, as needed.
3. Definition of Phase I.A. of Redevelopment Project and
initiation of bid process for Phase I.A. , including preparation
of bid documents, review of bids, negotiations with developer ,
drafting of necessary agreements and property transactions.
4. Advice to the City relative to potential South Shore
Development claim, including litigation services, as may be
necessary.
5. Advice to the City Commission in its capacity as the
Redevelopment Agency relative to functions, operations, admin-
istration and financing of redevelopment activities.
6. Advice to the City relative to the South Shore park,
including financing of clean-up and park development.
7. Assistance to the City relative to the administra-
tion, interpretation and enforcement of the ID-Interin Develop-
ment District and any applications received pursuant thereto.
8. Advice and consultation to the City on capital
improvements programming and provision of public facilities in
the Redevelopment Project area.
9. Representation of City in eminent domain proceedings
or in other property acquisition, disposition or transactions,
as may be needed.
10. Advice, consultation, recommendations, negotiations
and development of strategies for financing of various phases
of the Redevelopment Project.
C. Cost of Services: Not to exceed ONE HUNDRED FIFTY THOU-
SAND DOLLARS ($150 ,000.00) based upon monthly time and expenses of
Freilich & Leitner , P.C. and Carl K. Hoffman, as Subcontractor with
responsibilities for local legal services, and fixed fee sub-
contracts with specialized planning and related consulting firms;
said fixed fee planning subcontracts not to exceed FIFTY THOUSAND
DOLLARS ($50 ,000.00) .
PART B
A. Time of Performance: June 16, 1983 to December 31, 1983 .
B. Scope of Work:
1. Review, approval and adoption of Revised Redevelop-
ment Plan and Implementation Strategy, in conformance with
Florida Statutes §163.361 and the Local Government Comprehen-
sive Planning Act of 1975.
2. Presentations to, and attendance at, public meet-
ings, workshops and hearings relative to review, approval and
adoption of revised Redevelopment Plan.
3 . Coordination with County regional and state agencies
relative to review and approval, as needed, of revised Redeve-
lopment Plan and related approval processes, such as DRI.
4 . Preparation, submission and adoption of permanent
zoning controls for the South Beach Project Area to replace the
ID-Interim Development District.
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OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139
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5. Definition of Phase I.B. of Redevelopment Project and
initiation of bid process thereon, including preparation of bid
documents, review of bids, negotiations, drafting of necessary
agreements and property transactions.
6. Continuing advice to the City Commission in its capa-
city as the Redevelopment Agency on all matters related to
South Shore Redevelopment planning and plan implementation.
7. Continuing assistance, as needed, to the City rela-
tive to the ID-Interim Development District and applications
for interim development use received pursuant thereto.
8. Representation of City in eminent domain proceeding
and/or in other property aquisition, disposition or transac-
tions, as may be needed.
9 . Continuing advice, including litigation services, if
needed, on the potential South Shore Development claim.
10. Advice and consultation on financing mechanisms and
strategies.
C. Cost of Services: Not to e>'ceed ONE HUNDRED FIFTY
THOUSAND DOLLARS ($150 ,000.00) based upon time and expense of
Freilich & Leitner, P.C. , Carl K. Hoffmann, as subcontractor with
responsibility for local legal services, and planning subcontrac-
tors, as needed. Work performed between June 16 , 1983 and September
30 , 1983 shall be billed as of October 1, 1983 and shall be payable
upon City receipt of its share of tax increment funds from the
County in October 1983. Thereafter, billing and payment shall be on
a monthly basis. Provided, however, that if unexpended funds remain
from those funds allocated to Part A of the Agreement, such funds
shall be used to pay, on a monthly basis, for services performed
after June 16 , 1983 , until such funds are exhausted.
PART C
A. Time of Performance: January 1, 1984 - Project Comple-
tion.
B. Scope of Work
1. Initiation of subsequent phases of Redevelopment
Project in accordance with phasing plan incorporated in the
Revised Redevelopment Plan.
2. Initiation of City investment in public facilities
pursuant to capital improvements programming element of Revised
Redevelopment Plan.
3 . Utilization of tax increment bonds to finance speci-
fic elements of redevelopment project phases.
4. Assistance in conduct of necessary relocation acti-
vities.
5. Advice and consultation on all legal, planning and
plan implementation matters relative to the South Beach Rede-
velopment Project.
C. Cost of Services: Not presently known, but will be based
upon time and expenses and will be funded from unexpended portion of
City share of tax increments received form the County in October
1983 and from City share of tax increment funds received annually
thereafter.
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OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139
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PASSED and ADOPTED this 17th day of December, 1982.
MAYOR
ATTEST:
CITY
APPROVED BY LEGAL DEPARTMENT:
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OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139