161-94 RDA
RESOLUTION NO. 161-94
A RESOLUTION OF THE MIAMI BEACH REDEVELOPMENT
AGENCY AUTHORIZING THE LAW OFFICES OF
GREENBERG, TRAURIG, HOFFMAN, LIPOFF, ROSEN &
QUENTEL, P.A., TO REPRESENT THE PORTOFINO
DEVELOPMENT GROUP IN NEGOTIATIONS WITH THE
CITY OF MIAMI BEACH AND THE MIAMI BEACH
REDEVELOPMENT AGENCY REGARDING PROPERTY IN THE
SOUTH POINTE REDEVELOPMENT AREA.
WHEREAS, the law offices of Greenberg, Traurig, Hoffman,
Lipoff, Rosen & Quentel, P .A. , (Greenberg, Traurig) currently
represent the City as bond counsel and a member of the firm had
previously served as City Attorney; and
WHEREAS, the law offices of Greenberg, Traurig wish to
represent the Portofino Development Group in negotiations with the
Ci ty of Miami Beach and the Miami Beach Redevelopment Agency
regarding property in the South pointe Redevelopment Area; and
WHEREAS, the law offices of Greenberg, Traurig have requested
that the Miami Beach Redevelopment Agency waive this conflict in
order to allow Greenberg, Traurig to continue to act as counsel in
these negotiations.
NOW,
THEREFORE,
BE IT RESOLVED BY THE MIAMI BEACH
REDEVELOPMENT AGENCY:
SECTION 1:
That the Miami Beach Redevelopment Agency waive a
conflict in order to allow the law offices of
Greenberg, Traurig to represent the Portofino
Development Group in negotiations with the City of
Miami Beach and the Miami Beach Redevelopment
Agency regarding property in the South Pointe
Redevelopment Area.
SECTION 2:
That
this
waiver
only
extends
to
allowing
Greenberg, Traurig to engage in negotiations, and
in no event shall the law offices of Greenberg,
Traurig engage in litigation against the City of
Miami Beach or the Miami Beach Redevelopment Agency
in connection with this matter.
PASSED and ADOPTED this
, 1994
ATTEST:
.~~~~-~
FORM APPROVED
REDEVELOPM AGENCY
GENERA NSEL ( ~
By .. ~~~~/
Date ~/ p ,/ ~(
c:\wpSl\jd\greenber2.res
Miami Beach
Redevelopment Agency
1700 Convention Center Drive
Miami Beach, Florida 33139
Telephone: (305) 673-7193
Fax: (305) 673-7772
REDEVELOPMENT AGENCY MEMORANDUM NO. 94-12
April 13, 1994
To:
Chairman and Members of the Board
of the Redevelopment Agency
From:
Roger M. Carlton
Executive Director~
Laurence Feingold ~~~I_~
Agency Counsel ~........----
~~
SUBJECT: PORTOFINO/MARINA NEGOTIATIONS
ADMINISTRATION RECOMMENDATION:
It is recommended that the Agency Board accept this report and direct
the Administration and the City Attorney to continue negotiations with
the Portofino Group, the Marina Lease Holders and others as necessary
to complete the these arrangements. Additionally, the Redevelopment
Agency Board is requested to approve the attached resolutions
regarding the conveyance of specific city property to the 70~ Holding
Corp., an entity affiliated with the Portofino Development Group and
authorizing the law offices of Greenberg, Traurig to represent
Portofino Development Group and authorizing the law offices of Eckert
Seamans to represent the Tallahassee Building Corporation.
BACKGROUND:
As the Chairman and Members of the Board are aware, our offices have
been in negotiations with both the marina lessee, the Tallahassee
Building Corporation, and representatives of the Portofino Development
Group, in regard to the development of the marina site, the marina
uplands, and the area south of First Street in the South pointe
Redevelopment Area.
Some weeks ago, a draft of an amendment to the marina lease was
distributed, which called for the dry stack facility to be eliminated
from the development of the marina. This situation still exists, and
negotiations with the Tallahassee Building Corporation are continuing,
in regard to city parking obligations on the marina site. The
progress of these negotiations has been very productive concerning
long-range City objectives. As to the negotiations with the Portofino
Development Group, these negotiations too have been productive in
regard to many City objectives and a detailed draft of specific
proposals will hopefully be ready for distribution within the next two
weeks.
On the Redevelopment Agency Agenda are several Resolutions for Board
action as well as a general presentation of the status of the
potential agreement with the Portofino Development Group. As the
Board has always expressed interest and concern regarding the eventual
development plan for the area to be controlled by the Portofino
Development Group, their representatives, along with City consultant
Elizabeth Plater-Zyberk, have been asked to give an overview of the
proposed development and the development guidelines.
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Because the Administration and City Attorney concur that the design
guidelines more appropriately belong in the zoning co~e~ a
presentation and discussion is in order before they become cod~f~ed.
ANALYSIS:
The resolutions are for specific actions as described below:
(1 )
Resolution authorizing conveyance of lots 29 and 30 of Block 51
together with a ten-foot public walkway to the south as
described in Ordinance No. 199 dated January 2, 1924, to 701
Holding Corp., an affiliate of the Portofino Development Group,
and waiving an advertised public bid process for the conveyance.
This issue was previously presented to the Board enabling this
project to be on the Design Review Board agenda for April 12,
1994. These plans incorporated use of City of Miami Beach owned
property (lots 29 and 30, Block 51). As an option, the building
could have been located to the west of this block; however, we
believe in terms of good urban planning, utilization of lots 29
and 30, which are currently City-owned, is the better
alternative.
In exchange for this property, the Portofino Development
will pay the City fair market value for these parcels
alternate form of consideration which is currently
negotiation.
Group
or an
under
The necessity to convey a ten-foot public walkway was identified
after an earlier presentation to the Board. The above
referenced 1924 Ordinance authorized "the Mayor and City
Clerk...to quit claim to the several lot owners in said Block
51, whose property abuts upon said public walkway... provided
such property Dwners shall have first paiq to the City all costs
of the construction of a sidewalk abutting their respective
properties." A search of public records has not located this
quit claim deed and therefore we have included this conveyance
as part of the resolution.
(2 )
Resolution authorizing Greenberg, Traurig, Hoffman,
Rosen & Quentel, P.A. (Greenberg, Traurig), to
Portofino Development Group.
Lipoff,
represent
As previously disclosed to you, the law offices of Greenberg,
Traurig currently represent the Portofino Development Group in
negotiations with the City of Miami Beach and the City of Miami
Beach Redevelopment Agency regarding property in the South
Pointe Redevelopment Area. Additionally, this firm represents
the City of Miami Beach as bond counsel and it should be noted
that a member of this firm previously served as City Attorney.
Greenberg, Traurig has requested that this conflict be waived in
order to allow them to continue to serve in both of these
capacities. By granting this waiver, Greenberg, Traurig is
allowed to engage in negotiations, but in no event shall the law
offices enter into litigation against the City of Miami Beach or
the Miami Beach Redevelopment Agency in connection with this
matter.
(3) Resolution authorizing Eckert Seamans Cherin & Mellott (Eckert
Seamans) to represent the Tallahassee Building Corp.
The law offices of Eckert Seamans wishes to represent the
Tallahassee Building Corp. in negotiations with the City of
Miami Beach and the Miami Beach Redevelopment Agency regarding
property in the South Pointe Redevelopment Area. The
Tallahassee Building Corp. had previously been represented by
Fine, Jacobson, Schwartz, Nash & Block (Fine Jacobson) .
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The real estate and planning division of Fine Jacobson has
recently joined the firm of Eckert Seamans. The law offices of
Eckert Seamans currently represents the City of Miami Beach as
special counsel. Eckert Seamans has requested that this
conflict be waived in order to allow them to continue to serve
in both of these capacities. By granting this waiver, Eckert
Seamans is allowed to engage in negotiations, but in no event
shall the law offices enter into litigation against the City of
Miami Beach or the Miami Beach Redeveloment Agency in connection
with this matter.
CONCLUSION:
The presentation and preliminary actions taken today set the stage for
the major steps that will need to be taken in future meetings. This
process will not only provide benefits to the developers, but to the
City as well. We anticipate providing an agreement to you within the
next several weeks that will fully detail the land exchange that may
result in the City reclaiming seven acres of bay front at the north
end of the Miami Beach Marina for public use as well as other
favorable considerations to the City.
RMC: jph
Attachments
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