Commission Memorandum
~ITY OF MIAMI BEACH
:ITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
lttp:\\ci.miaml-beach.fl.us
COMMISSION MEMORANDUM NO. (<64- -99
TO: Mayor Neisen Kasdin and DATE: March 3, 1999
Members of the City co~miss!V
FROM: Murray H. Dubbin \~ ,\ tlJ~
City Attorney /\M. ~\ \JJ'
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING, ON SECOND PUBLIC
HEARING, AN AMENDMENT TO THE 1984 DEVELOPMENT
AGREEMENT BY MEANS OF AN AMENDED AND RESTATED
DEVELOPMENT AGREEMENT TO BE ENTERED INTO BETWEEN
SOUTH BEACH OCEAN PARCEL. LTD. AND THE CITY OF MIAMI
BEACH IN ACCORDANCE WITH THE REQUIREMENTS OF THE
FLORIDA LOCAL GOVERNMENT DEVELOPMENT AGREEMENT ACT
FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF SOUTH
POINTE DRIVE AND OCEAN DRIVE, MIAMI BEACH, FLORIDA, AND
COMMONLY REFERRED TO AS THE OCEAN PARCEL: AND
PROVIDING AN EFFECTIVE DATE.
The settlement discussions between the City and representatives of South Beach Ocean
Parcel, Ltd. have continued as a result of the issues that were raised at the first public hearing, on
February 17, 1999, with the regard to the Development Agreement that is the subject of the above
Resolution. The following changes have been made to address the Commission's concerns:
1. The indemnity provisions of Section 18 have been further c1arifed with respect to the
provision requiring the Developer to defend the City, at the Developer's sole cost and
expense, in any action or proceeding against the City by a third party which contests the
validity of the Development Agreement or the right of the City to amend the 1984
Development Agreement.
2. The provision prohibiting casino gambling on the Ocean Parcel has been included (see
Section 27).
3. The obligations of the City and the Developer with regard to concurrency and public
facilities have been clarified.
Agenda Item f2::7 A
Date 3-~
The Amended and Restated Development Agreement, which has been "redlined" to show the
changes from the draft that was included in the February 17th agenda materials, is attached to the
subject Resolution to expedite your review. A "clean" copy of that document has been provided to
the City Clerk for his records.
It is my recommendation that you approve the Resolution, and complete the settlement of the
South Beach Ocean Parcel litigation.
F:IAlTOIlJ::VL\COMMMI:.M()I.(JCf.ANDAMt:M