208-95 RDA incomplete
RESOLUTION NO.
A RESOLUTION OF THE CHAIRMAN AND THE MEMBERS
OF THE BOARD OF THE REDEVELOPMENT AGENCY
GRANTING EXTENSIONS OF TIME FOR THE PORTOFINO
LAND TRANSACTION AND THE SECOND AMENDMENT
TO THE MARINA AGREEMENT
WHEREAS, at the joint meeting of the Miami Beach City Commission and the Miami
Beach Redevelopment Agency (Agency) of March 22, 1995, the Agency approved in concept a
"twenty-five (25) point plan" with the Portofino Development Group (Portofino) for the proposed
land swap; and
WHEREAS, the Agency established a ninety day deadline by which time the full
development agreement and design guidelines would be presented for review and consideration for
approval; and
WHEREAS, negotiations between the representatives of the Agency and Porto fino have
been taking place since the March 22,1995 Agency meeting; and
WHEREAS, it is recommended that the June 22, 1995 deadline be extended to July 28, 1995
so that these negotiations can continue; and
WHEREAS, it is also recommended that the Second Amendment to the Marina Agreement
be extended for an additional ninety days, to September 22, 1995, with the concurrence of the
Marina operators.
NOW, THEREFORE BE IT DULY RESOLVED BY THE CHAIRMAN AND
MEMBERS OF THE MIAMI BEACH REDEVELOPMENT AGENCY, that the Chairman and
Members hereby grant extensions of time within which to continue negotiating for the Portofino
Land Transaction and the Second Amendment to the Marina Agreement.
PASSED AND ADOPTED THIS
DAY OF
, 1995.
CHAIRMAN
SECRETARY
FORM APPROVED
RED, EVE~~!,!,,~GENCY, ,_.
G~~NSEL ( -;/
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Date ? / /L//"7S'-
,
Miami Beach
Redevelopment Agency
1700 Convention Center Drive
Miami Beach, Florida 33139
Telephone: (305) 673-7193
Fax: (305) 673-7772
REDEVELOPMENT AGENCY MEMORANDUM NO. 95-43
June 21,
1995
TO:
Chairman and Members of the Board
of the Redevelopment Agency
SUBJECT:
Jose GarCia~pedrosa~
Executive Director
A RESOLUTION OF THE tHAIRMAN AND MEMBERS OF THE BOARD OF
THE REDEVELOPMENT AGENCY GRANTING EXTENSIONS OF TIME FOR
THE PORTOFINO LAND TRANSACTION AND THE SECOND AMENDMENT
TO THE MARINA AGREEMENT
FROM:
RECOMMENDATION
It is recommended that the deadline for the Portofino Land
Transaction Agreement be extended from June 22, 1995 to July 28,
1995. Additionally, it is recommended that a ninety day extension
be granted for the Second Amendment to the Marina Agreement from
June 22, 1995 to September 22, 1995.
BACKGROUND
At a joint meeting of the City Commission and the Redevelopment
Agency ("Agency") on March 22, 1995, the Agency approved in concept
a "twenty-five (25) point plan", attached hereto as Exhibit A, with
the Portofino Development Group for the proposed land swap. The
Agency established a ninety day deadline by which time the full
development agreement and design guidelines would be presented to
them for review and consideration for approval.
ANALYSIS
Negotiations between the representatives of the Agency and the
Portofino Development Group have been taking place since the March
22, 1995 meeting. Representatives of the Marina operation and
Housing Authority have also attended the recent meetings to review
the development agreement.
S()urn V()I~
Vedevel()pment [)1str1~t
CIO' CI:~12
vedevelwment I)lilri~t
AGENDA ITEM 2-A-l
June 21, 1995
Staff recommends that the June 22, 1995 deadline be extended to
July 28, 1995, so that these negotiations can continue. The
analysis conducted by UrbaniZa should be completed by June 22 I
1995, and will be reviewed by the negotiating team in conjunction
with the development agreement and design guidelines. It is
anticipated that the final development agreement and design
guidelines will be placed on the agenda of the last Agency meeting
before summer recess.
Additionally, staff recommends that the Second Amendment to the
Marina Agreement be extended for ninety days to September 22, 1995.
We have requested this extension from the Marina operators and
anticipate that they will concur with this request.
CONCLUSION
In order to bring these negotiations to a successful conclusion
that is in the best interest of the Agency I it is recommended that
the Chairman and Secretary be authorized to execute a Resolution
granting the above referenced extensions of time.
Attachment
JGP :MSD: jm
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EXHIBIT A
..........
3/22/95
. AMENDED
PROPOSED CITY OF MIAMI BEACH/PORTOFINO LAND TRANSACTION
I. PORTOFINQ
1. Portofmo will release its rights to North SSDI. The property will be conveyed subject to the
restriction that ft be used for municipal purposes.
2. Portofmo will release the City from the SSDI Judgment and Mortgage.
3. Portofmo will indemnify and hold hannless the City for all environmental clean-up costs on
South SSDI above the first $2 million which will be paid by the City.
4. Portofino will convey its 211 Collins property to the City Housing Authority, together with
other additional property or assets valued at $1.5 million. In return, (see City # I I), City will
purchase Goodman Terrace from the Housing Authority at no additional cost, and convey
it to Portofmo (zoned CPS3).
5. With respect to the existing Marina, Portofino will assume obligations to provide (a) 50
temporary parking spaces during clean-up and construction on South SSDI; (b) two
pedestrian easements & two drive-insIdrop-offs with temporary parking; (e) 150 permanent
parking spaces on South SSDI within the Northerly 213 portion; and (d) permanent
bathroom, shower, and laundry facilities. Portofmo will be reimbursed by the City in the
amount of $1.625 million for items (c) and (d).
6. Portofino will approve the City's current agreement with the Marina operator insofar as
necessary .
7. Portofino shall grant to the City an easement or strip of land adjacent to the Marina so that
the City will retain its riparian rights to the Marina and to provide a Baywalk; provided,
however. all setbacks shall be measured from the water line.
8. Portofino. for reasonable review and approval by the City, shall prepare an urban design.
master plan for the baywalk and other redevelopment amenities in South Pointe containing
the following elements:
(a) A baywalk along the South SSDI, Hinson, Triangle and Alaskan parcels;
(b) the renovation of South Pointe Park;
( c) a new park/plaza (Ocean Beach Plaza) to be constructed at the eastern terminus of
South Pointe Drive;
(d) a new park/plaza (Sunset Plaza) to be constructed between Alton and the Marina at
the western terminus of South Pointe Drive;
(e) the extension of Washington Avenue from South Pointe Drive southwards to
Government Cut; and
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3/22/95
(f) a pedestrian passage between Rebec'ca Towers and Biscaync Street internal to the
property north of Biscayne Street. .
A $2.5 million contribution to be made by Porto fino toward improvement of South Pointe
park shall be m~de in one-third increments of$833,333 each, payable as follows:
(i) 1/3 on obtaining the certificate of occupancy for the next tower constructed (after the
Portofino Tower currently being constructed on the Diamond C sites) on any of the
Alaska, Hinson, South ssm and/or Ocean Parcel sites;
(ii) 1/3 on obtaining the certificate of occupancy for the next tower constructed after the
tower referred to in (i) above; and
(iii) 1/3 on completion of construction of improvements planned for the Ocean Parcel.
If the Ocean Parcel is constructed before towers on Hinson, Alaska and/or South
SSDl. then the $2.5 million shall be due in full on completion of me Ocean Parcel
construction alone.
Portofino shall be responsible for supervision of the construction and installation of the
Baywalk., Ocean Beach Plaza, Sunset Plaza, the extension of Washington Avenue and the
pedestrian passages. After completion, Portofino shall be responsible for maintenance of the
baywalk adjacent to Portofmo properties as well as Ocean Beach Plaza and Sunset Plaza..
9. Portofino will relinquish any grandfathered height restriction rights as.to its 115 and 155
Ocean Drive lots.
II. CITY
10. City will convey South SSDI to Portofino within 15 days after approval by the City
Commission without payment of additional cost by Portofino.
11. City will purchase Goodman Terrace from the Housing Authority at no cost to the City, zone
it CPS 3, and reconvey it to Portofino. In return, Portofino will convey to the Housing
Authority 211 Collins and the additional $1.5 million in property or value (see Portofino #4)
to the Housing Authority.
12. City will convey to Porto fino the triangular parcel between the Alaskan and Hinson parcels.
The City shall use its best efforts to release this parcel from the use restrictions imposed
under the conveyance by the U.S. Government to the City and if released shall zone the
parcel CPS-3.
13. City will make the east portion ofBiscayne Street lying east of Ocean Drive a dedicated
pedestrian and open space area (Ocean Beach Plaza) closed to vehicular traffic and parking.
(See Porto fino #8).
14. City will convey to Portofmo that portion of 1 st Street lying east of Ocean Drive should
Porto fino build an upscale hotel on the site.
15. City will convey the City-owned end pieces on the east and west sides of Block 51, the City-
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3/22/95
owned end pieces on the east side of Block 52 adjacent to Washington Avenue and the water
tower triangle to Porto fino. The water tower site shall be used only for landscaping, public
art and a buffer area.
16. City will compensate Portofino in the agreed amount of $11,375,000 payable in full within
one year followihg closing without interest from the proceeds of bond financing which the
City will seek in good faith and with reasonable efforts. In the event bond financing is not
available within such one year period, then the payment may be made in five equal annual
installments of $2,275,000 each, the first installment due one year following closing,
together with interest at the rate the City borrows funds on a taxable basis.
17. The parties agree to cooperate to seek appropriate additional dedicated public access from
the MacArthur Causeway south to Alton Road.
18. The continued viability and enforceability of the South Pointe Development Agreement shall
be confirmed.
19. The City will zone (or upzone as appropriate) the Alaskan site, the triangular piece between
Alaskan and Hinson and Goodman Terrace to CPS3. Portofino shall limit the height on the
Goodman Terrace site to 75 feet and Portofino shall conform to the design guidelines
referred to in City #24 below. In addition, after the foregoing zoning or upzoning, Portofino
will be able to transfer 400,000 of the presently permitted 1,254,000+ square feet of
development rights from North SSDI to the following properties: SSDI South, Goodman
Terrace, Hinson, triangular piece between Alaska and Hinson, Alaskan and 404 Washington
Avenue.
20. City will cooperate in seeking state and federal funds for beach restoration on or adjacent to
the Ocean Parcel.
21. City will expand the approved color code within the South Pointe Redevelopment Area.
22. City will rename Biscayne Street "South Pointc Drive."
23. City will seek in good faith to obtain the consent of the Marina operator to permit Portofino.
at Portofmo's option, to expand the Southern. portion of the Marina. Further. the Marina
operator shall cooperate with Portofino's environmental remediation efforts and not object
to the development of the South SSDI parcel.
24. Portofino and the City will agree to design guidelines and an approved site plan for the SSDI
South, Alaska, Hinson and Goodman Terrace parcels and Blocks 51 and 1 with a view to
encourage quality development, open space areas, and appropriate parking for the area.
25. The parties agree to try to negotiate a development agreement and prepare design guidelines
and a site plan within 90 days in accord with the foregoing. In the event no agreement is
reached, the parties shall conclude all negotiations without liability to the other and without
the waiver of any rights. and each party shall be responsible for its own costs. The initial 90
day negotiating period shall be subject to extension upon mutual agreement of the parties.
:a;:prapcplLdn
RESOLUTION NO.
A RESOLUTION OF THE CHAIRMAN AND THE MEMBERS
OF THE BOARD OF THE REDEVELOPMENT AGENCY
GRANTING EXTENSIONS OF TIME FOR THE PORTOFINO
LAND TRANSACTION AND THE SECOND AMENDMENT
TO THE MARINA AGREEMENT
WHEREAS, at the joint meeting of the Miami Beach City Commission and the Miami
Beach Redevelopment Agency (Agency) of March 22, 1995, the Agency approved in concept a
"twenty-five (25) point plan" with the Portofino Development Group (Portofino) for the proposed
land swap; and
WHEREAS, the Agency established a ninety day deadline by which time the full
development agreement and design guidelines would be presented for review and consideration for
approval; and
WHEREAS, negotiations between the representatives of the Agency and Porto fino have
been taking place since the March 22,1995 Agency meeting; and
WHEREAS, it is recommended that the June 22, 1995 deadline be extended to July 28, 1995
so that these negotiations can continue; and
WHEREAS, it is also recommended that the Second Amendment to the Marina Agreement
be extended for an additional ninety days, to September 22, 1995, with the concurrence of the
Marina operators.
NOW, THEREFORE BE IT DULY RESOLVED BY THE CHAIRMAN AND
MEMBERS OF THE MIAMI BEACH REDEVELOPMENT AGENCY, that the Chairman and
Members hereby grant extensions of time within which to continue negotiating for the Portofino
Land Transaction and the Second Amendment to the Marina Agreement.
PASSED AND ADOPTED THIS
DAY OF
, 1995.
CHAIRMAN
SECRETARY
FORM APPR, VED
REDEVELOPM GENCY~
G~E NSEL
,._~~ ~
By
Date ? / /~/7~
,