2019-30805 Resolution RESOLUTION NO 2019-30805
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING THE SETTLEMENT BETWEEN THE
CITY OF MIAMI BEACH, FLORIDA AND THE YACHT CLUB AT PORTOFINO
CONDOMINIUM ASSOCIATION, INC., MIAMI BEACH MARINA ASSOCIATES,
LTD., AND THE MIAMI BEACH REDEVELOPMENT AGENCY, AND
AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO TAKE THE
NECESSARY AND APPROPRIATE STEPS FOR THE IMPLEMENTATION
THEREOF; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE ANY DOCUMENTS AND/OR AGREEMENTS, AS REQUIRED,
TO EFFECTUATE THE TERMS OF THE SETTLEMENT; AND FURTHER
APPROVING AND AUTHORIZING THE MAYOR AND THE CITY CLERK TO
EXECUTE, AS PART OF SUCH SETTLEMENT, A FIRST AMENDMENT TO
THE LEASE AGREEMENT AMONG THE CITY OF MIAMI BEACH, THE MIAMI
BEACH REDEVELOPMENT AGENCY, AND THE YACHT CLUB AT
PORTOFINO CONDOMINIUM ASSOCIATION, INC.
WHEREAS, the Yacht Club at Portofino Condominium is a condominium located at 90
Alton Rd, Miami Beach, FL 33139, and was developed by Yacht Club at Portofino, Ltd., as
evidenced in the Declaration of Condominium, recorded in Official Records Book 18784 at
Page 2578 of the Public Records of Miami-Dade County, Florida; and
WHEREAS, on or about November 30, 1998, the Yacht Club at Portofino, Ltd., the City
of Miami Beach, and the Miami Beach Redevelopment Agency (the "RDA") entered into a 101-
year lease agreement (the "Yacht Club Lease") for the leasing of parking spaces and
permanent laundry, lavatory and shower facilities located within the "City Unit", as set forth in
the Yacht Club Lease, and intended for use by third party beneficiary, Miami Beach Marina
Associates, Ltd. (the "Marina"); and
WHEREAS, on September 16, 1999, the Yacht Club at Portofino Condominium
Association was formed pursuant to the Yacht Club at Portofino Condominium Association's
Declaration of Condominium, and the Yacht Club at Portofino Condominium Association Inc. is
the successor in interest to the Yacht Club at Portofino, Ltd. for the Yacht Club Lease; and
WHEREAS, on July 28, 2017, the Yacht Club at Portofino Condominium Association
Inc. filed a lawsuit for damages and eviction under the Yacht Club Lease against the City, the
RDA, and the Marina in Yacht Club at Portofino Condominium Association, Inc. v. The City of
Miami Beach et. al., Case No. 2017-18335 CA 05, in the Eleventh Judicial Circuit in and for
Miami-Dade County (the "Lawsuit"); and
WHEREAS, the City and the RDA filed a counterclaim in the Lawsuit seeking
declaratory relief pursuant to the Declaratory Judgment Act, 86.111, Fla. Stat.; and
WHEREAS, on April 10, 2019, the Mayor and City Commission held an Executive
Session to discuss the settlement agreement regarding the Yacht Club Lease and
pending litigation with the Yacht Club at Portofino Condominium Association Inc.; and
WHEREAS, the Mayor and City Commission directed the City Attorney's Office to
prepare the settlement agreement and lease amendment in accordance with the direction
provided at the Executive Session; and
WHEREAS, the Administration recommends in favor of approving the settlement
agreement and executing the lease amendment pursuant to the direction of the Mayor
and City Commission.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve the settlement between the City of Miami Beach, Florida
and the Yacht Club Condominium Association, Inc., Miami Beach Marina Associates,
• Ltd., and the Miami Beach Redevelopment Agency, and authorize the City Manager and
City Attorney to take the necessary and appropriate steps for the implementation thereof;
and further authorize the Mayor and City Clerk to execute any documents and/or
agreements, as required, to effectuate the terms of the settlement; and further approve
and authorize the Mayor and City Clerk to execute, as part of such settlement, a first
amendment to the lease agreement among the City of Miami Beach, the Miami Beach
Redevelopment Agency, and the Yacht Club at Portofino Condominium Association, Inc.
PASSED and ADOPTED THIS Pi day of April 2019.
ATTEST:
761 Dan Gelber, Mayor
Rafael E. Granado, City Clerk
APPROVED AS TO
FORM &LANGUAGE
&FOR EXECUTION
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City Attorney if Date
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* . NCORP ORATED:
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Resolutions - R7 A
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Raul J.Aguila, City Attorney
DATE: April 24, 2019
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING THE SETTLEMENT BETWEEN
THE CITY OF MIAMI BEACH, FLORIDA AND THE YACHT CLUB AT
PORTOFINO CONDOMI NI UM ASSOCIATION, INC., MIAMI BEACH MARINA
ASSOCIATES, LTD.,AND THE MIAMI BEACH REDEVELOPMENT AGENCY,
AND AUTHORIZING THE CITY MANGER AND CITY ATTORNEY TO TAKE
THE NECESSARY AND APPROPRIATE STEPS FOR THE
IMPLEMENTATION THEREOF; AND FURTHER AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE ANY DOCUMENTS AND/OR
AGREEMENTS, AS REQUIRED, TO EFFECTUATE THE TERMS OF THE
SETTLEMENT; AND FURTHER APPROVING AND AUTHORIZING THE
MAYOR AND THE CITY CLERK TO EXECUTE, AS PART OF SUCH
SETTLEMENT, A FIRST AMENDMENT TO THE LEASE AGREEMENT
AMONG THE CITY OF MIAMI BEACH, THE MIAMI BEACH
REDEVELOPMENT AGENCY, AND THE YACHT CLUB AT PORTOFINO
CONDOMINIUM ASSOCIATION, INC. JOINT CITY COMMISSION AND
REDEVELOPMENT AGENCY
RECOMMENDATION
Pursuant to the recommendation of the Mayor and City Commission at the Closed Attorney-
Client Session of April 10, 2019 to approve the Settlement Agreement between the City of
Miami Beach, Florida and the Yacht Club at Portofino Condominium Association, Inc., the
above referenced Resolution is submitted for consideration by the Mayor and City Commission
at the April 24, 2019 Commission meeting.
Legislative Tracking
Office of the City Attorney
ATTACHMENTS:
Description
❑ Resolution •
Page 22 of 33
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING THE SETTLEMENT
BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND THE YACHT
CLUB AT PORTOFINO CONDOMINIUM ASSOCIATION, INC., MIAMI
BEACH . MARINA ASSOCIATES, LTD., AND THE MIAMI BEACH
REDEVELOPMENT AGENCY, AND AUTHORIZING THE CITY MANGER
AND CITY ATTORNEY TO TAKE THE NECESSARY AND APPROPRIATE
STEPS FOR THE IMPLEMENTATION THEREOF; AND FURTHER
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ANY
DOCUMENTS AND/OR AGREEMENTS, AS REQUIRED, TO
EFFECTUATE THE TERMS OF THE SETTLEMENT; AND FURTHER
APPROVING AND AUTHORIZING THE MAYOR AND THE CITY CLERK
TO EXECUTE, AS PART OF SUCH SETTLEMENT, A FIRST
AMENDMENT TO THE LEASE AGREEMENT AMONG THE CITY OF
MIAMI BEACH, THE MIAMI BEACH REDEVELOPMENT AGENCY, AND
THE YACHT CLUB AT PORTOFINO CONDOMINIUM ASSOCIATION,
INC.
WHEREAS, the Yacht Club at Portofino Condominium is a condominium located
at 90 Alton Rd, Miami Beach, FL 33139, and was developed by Yacht Club at Portofino,
Ltd., as evidenced in the Declaration of Condominium, recorded in Official Records Book
18784 at Page 2578 of the Public Records of Miami-Dade County, Florida; and
WHEREAS, on or about November 30, 1998, the Yacht Club at Portofino, Ltd., the
City of Miami Beach, and the Miami Beach Redevelopment Agency (the "RDA") entered
into a 101-year lease agreement (the "Yacht Club Lease") for the leasing of parking
spaces and permanent laundry, lavatory and shower facilities located within the "City
Unit", as set forth in the Yacht Club Lease, and intended for use by third party beneficiary,
Miami Beach Marina Associates, Ltd. (the "Marina"); and
WHEREAS, on September 16, 1999, the Yacht Club at Portofino Condominium
Association was formed pursuant to the Yacht Club at Portofino Condominium
Association's Declaration of Condominium, and the Yacht Club at Portofino Condominium
Association Inc. is the successor in interest to the Yacht Club at Portofino, Ltd. for the
Yacht Club Lease; and
WHEREAS, on July 28, 2017, the Yacht Club at Portofino Condominium
Association Inc. filed a lawsuit for damages and eviction under the Yacht Club Lease
against the City, the RDA, and the Marina in Yacht Club at Portofino Condominium
Association, Inc. v. The City of Miami Beach et. al., Case No. 2017-18335 CA 05, in the
Eleventh Judicial Circuit in and for Miami-Dade County(the "Lawsuit"); and
WHEREAS, the City and the RDA filed a counterclaim in the Lawsuit seeking
declaratory relief pursuant to the Declaratory Judgment Act, 86.111, Fla. Stat.; and
WHEREAS, on April 10, 2019, the Mayor and City Commission held an Executive
Page 23 of 33
Session to discuss the settlement agreement regarding the Yacht Club Lease and
pending litigation with the Yacht Club at Portofino Condominium Association Inc.; and
WHEREAS, the Mayor and City Commission directed the City Attorney's Office to
prepare the settlement agreement and lease amendment in accordance with the direction
provided at the Executive Session; and
WHEREAS, the Administration recommends in favor of approving the settlement
agreement and executing the lease amendment pursuant to the direction of the Mayor
and City Commission.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve the settlement between the City of Miami Beach, Florida
and the Yacht Club Condominium Association, Inc., Miami Beach Marina Associates,
Ltd., and the Miami Beach Redevelopment Agency, and authorize the City Manager and
City Attorney to take the necessary and appropriate steps for the implementation thereof;
and further authorize the Mayor and City Clerk to execute any documents and/or
agreements, as required, to effectuate the terms of the settlement; and further approve
and authorize the Mayor and City Clerk to execute, as part of such settlement, a first
amendment to the lease agreement among the City of Miami Beach, the Miami Beach
Redevelopment Agency, and the Yacht Club at Portofino Condominium Association, Inc.
PASSED and ADOPTED THIS day of 2019.
ATTEST:
Dan Gelber, Mayor
Rafael E. Granado, City Clerk
APPROVED AS TO
&LANGUAGE
&F-OH EXECL11 ION
City Attorney if. D"ate
s
Page 24 of 33