474-2004 RDA Reso
RESOLUTION NO. 474-2004
A RESOLUTION OF THE CHAIRMAN AND THE
MEMBERS OF THE MIAMI BEACH REDEVELOPMENT
AGENCY AUTHORIZING THE CHAIRMAN AND
SECRETARY TO EXECUTE A SETTLEMENT
AGREEMENT BY AND AMONG EAST COASTLINE
DEVELOPMENT, LTD., WESTSIDE PARTNERS, LTD.,
AND OTHER ENTITIES COLLECTIVELY KNOWN AS
THE "PORTOFINO ENTITIES," AND CERTAIN
SUCCESSORS IN INTEREST THAT ARE PART OF THE
RELATED GROUP OF FLORIDA, KNOWN AS THE
"RELATED ENTITIES," AND THE CITY OF MIAMI
BEACH AND THE MIAMI BEACH REDEVELOPMENT
AGENCY, CONCERNING LITIGATION OVER CERTAIN
PARCELS IN THE SOUTH POINTE AREA OF MIAMI
BEACH KNOWN AS THE ALASKA PARCEL, GOODMAN
TERRACE, THE HINSON PARCEL, BLOCKS 51, 52 AND
BLOCK 1, AND INCLUDING A PORTION OF THE
FEDERAL TRIANGLE, AND AUTHORIZING THE
TAKING OF NECESSARY AND APPROPRIATE STEPS
FOR THE IMPLEMENTATION THEREOF.
WHEREAS, East Coastline Development, Ltd. ("East Coastline") and West Side
Partners, Ltd. ("West Side"), among others (collectively known as the "Portofino Entities"), have
initiated litigation against the City of Miami Beach (the "City") and the Department of
Community Affairs in various actions respectively claiming damages and rights under the Bert J.
Harris, Jr. Private Property Rights Protection Act, other civil rights violations and other relief in
Circuit Court Case No. 98-13274 CA 01(30), and United States District Court Case No. 01-
4921-CIV-Moreno, and Florida Division of Administrative Hearings Case No. 02-3283GM (the
"Lawsuits"); and
WHEREAS, the Portofino Entities have conveyed certain parcels involved in such
litigation to certain entities that are part of the Related Group of Florida (collectively known and
referred to as the "Related Entities"); and
WHEREAS, the City Commission on February 25, 2004 approved in concept, a
settlement of the Lawsuits proffered by the Porto fino Entities and the Related Entities, which
conceptual settlement is set forth in a Term Sheet attached to Resolution 2004-25509, as
amended since such resolution to reflect the intent and agreement of the parties; and
WHEREAS, the City, the Porto fino Entities, the Related Entities, and the Miami Beach
Redevelopment Agency, wish to avoid the expense, delay, and uncertainty of lengthy litigation,
and to resolve such proceedings under the terms set forth in the Term Sheet, which terms are set
out in detail in the attached Settlement Agreement, agree it is in their respective mutual best
interests to enter into the Settlement Agreement.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CHAIRMAN AND
MEMBERS OF THE MIAMI BEACH REDEVELOPMENT AGENCY, AS FOLLOWS:
That the Chairman and Secretary are hereby authorized to execute the Settlement
Agreement, in substantially the form attached hereto as Exhibit "A, " ," however, Exhibits to the
Settlement Agreement are subject to the review and approval of the General Counsel; and the
Executive Director and General Counsel are authorized to take such other actions as are
necessary and appropriate consistent with the inte f this resolution to implement the
provisions of the Settlement Agreement. This Reso tio sha take effect immediately upon its
adoption.
PASSED and ADOPTED this 28tlrlay 0
CHAIRMAN
ATTEST:
~'f>~
SECRETARY ..
t
APPROVED AS TO
FORM AND LANGUAGE
J1AJ _ FOR EXECUTION
I tift P - )...--d Y
GENERAL COUNSEL>>- DATE
F:\attoIHELGILITIGA TI\Alaska\Settlement\Resos and Ordinances\Portofino Settlement Agreement adoption
reso.RDA.rev.DOC
MIAMI BEACH REDEVELOPMENT AGENCY
JlGENDA ITEM SUMMARY
m
Condensed Title:
A Resolution approving a Settlement Agreement by and among East Coastline Development, LTD.,
Westside Partners, LTD., and other entities collectively known as The "Portofino Entities," and certain
successors in interest that are part of the Related Group of Florida, known as the "Related Entities," and
the City of Miami Beach and the Miami Beach Redevelopment Agency, concerning litigation over certain
parcels in the South Pointe area of Miami Beach known as the Alaska Parcel, Goodman Terrace, the
Hinson Parcel, Blocks 51, 52 and Block 1, and including a portion of the Federal Triangle, and authorizing
the Chairman and Secretary to execute such Agreement, and the taking of necessary and appropriate
steps for the implementation thereof.
Issue:
Shall the Chairman and Members of the Miami Beach Redevelopment Agency adopt the resolution
authorizing execution of the Settlement Agreement, approving the Concept Plan, in settlement of litigation?
Item Summary/Recommendation:
The attached Resolution contemplates the approval of a Settlement Agreement, which the Administration
and City Attorney's Office have negotiated, subject to certain approvals, based upon the Term Sheet and
the attached Concept Plan. In today's agenda, consistent with the Concept Plan, there are various
amendments to the Land Development Regulations and the Comprehensive Plan, collectively, which are
necessary to implement the terms of the Settlement Agreement.
The Concept Plan for the Alaska/Goodman/Hinson parcels and Blocks 1, 51 and 52 is attached and will set
forth the framework and govern certain elements pertaining to the future development of the parcels. The
Settlement Agreement also addresses: Conditions of Approval; Conveyance of Alaska; Conveyance of the
Federal Triangle; Boat Basin; Baywalk & Seawall; Washington Avenue Extension; Block 51; Block 1;
Deceleration Lane; City Garage or other Public Facility; and South Easement Area.
Financial Information:
Source of
Funds:
D
Finance Dept.
islative Trackin
Si n-Offs:
AGENDA ITEM
DATE
3A
7 ~;.~-()C(
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.miamibeachfl.gov
To:
From:
Subject:
REDEVELOPMENT AGENCY MEMORANDUM
Chairman David Dermer and
Members of Miami Beach Redevelopment Agency
Jorge M. Gonzalez \~
Executive Director () 0
A RESOLUTION OF THE CHAIRMAN AND MEMBERS OF MIAMI BEACH
REDEVELOPMENT AGENCY, FLORIDA APPROVING A SETTLEMENT
AGREEMENT BY AND AMONG EAST COASTLINE DEVELOPMENT, LTD.,
WESTSIDE PARTNERS, LTD., AND OTHER ENTITIES COLLECTIVELY
KNOWN AS THE "PORTOFINO ENTITIES," AND CERTAIN SUCCESSORS IN
INTEREST THAT ARE PART OF THE RELATED GROUP OF FLORIDA,
KNOWN AS THE "RELATED ENTITIES," AND THE CITY OF MIAMI BEACH
AND THE MIAMI BEACH REDEVELOPMENT AGENCY, CONCERNING
LITIGATION OVER CERTAIN PARCELS IN THE SOUTH POINTE AREA OF
MIAMI BEACH KNOWN AS THE ALASKA PARCEL, GOODMAN TERRACE,
THE HINSON PARCEL, BLOCKS 51,52 AND BLOCK 1, AND INCLUDING A
PORTION OF THE FEDERAL TRIANGLE, AND AUTHORIZING
THE CHAIRMAN AND SECRETARY TO EXECUTE SUCH AGREEMENT, AND
THE TAKING OF NECESSARY AND APPROPRIATE STEPS FOR THE
IMPLEMENTATION THEREOF.
Date: July 28, 2004
RECOMMENDATION
Adopt the Resolution.
ANALYSIS
East Coastline Development, Ltd. ("East Coastline"), West Side Partners, Ltd. ("West
Side"), among others (collectively "the Portofino Entities"), initiated litigation against the City
of Miami Beach (the "City") and the Department of Community Affairs, in various actions
respectively claiming damages and rights under the Bert J. Harris Private Property Rights
Protection Act, other civil rights violations and other relief in Florida Circuit Court Case No.
98-13274 CA 01 (30), and United States District Court Case No. 01-4921-CIV-Moreno, and
Florida Division of Administrative Hearings Case No. 02-3283GM. Some of the properties
at issue in the litigation have been conveyed to one or more companies that are part ofThe
Related Group (the "Related Entities").
The Mayor and City Commission have heretofore approved a "Term Sheet," settling in
concept the above litigation, by Resolution No.2004-25509, adopted on February 25,2004
and finalized on March 8, 2004 (copy attached). Pursuant to the Term Sheet, the Related
Entities and Portofino Entities have participated in a collaborative process including
neighborhood residents and representatives, City staff, and consultant Alex Cooper, to
prepare a Concept Plan to implement the settlement terms. On May 26, 2004, the City
Commission referred the Concept Plan to the Design Review Board and Planning Board,
July 28, 2004
City Commission Memorandum
Porlofino Settlement Agreement - RDA
Page 2 0'9
for review and recommendation. The City Commission further authorized the
Administration to execute owner affidavits for those applications filed pursuant to the Term
Sheet that involve City-owned land.
The attached Resolution contemplates the approval of a Settlement Agreement, which the
Administration and City Attorney's Office have negotiated, subject to certain approvals,
based upon the Term Sheet and the attached Concept Plan. In today's agenda, consistent
with the Concept Plan, there are various amendments to the Land Development
Regulations and the Comprehensive Plan, collectively, which are necessary to implement
the terms of the Settlement Agreement.
Additionally, as directed on May 26,2004 by the City Commission, the Planning Board and
the Design Review Board have reviewed the settlement and have provided the following
comments to the City Commission relative to the Concept Plan and accompanying Land
Development Regulation amendments, and unanimously recommended approval of the
settlement.
PLANNING BOARD ACTION
The Board reviewed the items related to the Portofino-Related settlement agreement on
June 22, 2004 and had the following comments:
Summary of Board Comments:
· Allowing upzoning with a trade of land is in the best interest of the City and mitigates
the density increase in other places.
· Concerned about the height of Block 1 as it creates an inconsistency with the rest of
the neighborhood. The massing should be at Collins and South Pointe Drive and
not distributed throughout the entire block.
· Boat basin - filling or leaving as is needs to be looked at again when there is a
cohesive plan for the park.
· With respect to commercial uses, there is an anomaly at the base of Portofino
Tower if nothing else happens. Some consideration should be given to placing a
transitional element at the corner of South Pointe and Alton Road.
· The pedestrian access to the waterfront through Murano should be enhanced to
work more like a public access and not a private road.
· There should be a transitional use between the pedestal and the park. Residential
uses are preferred. Would like to see limited concessionary uses in the park.
· Park uses should not be micromanaged. Important to realize the land trade; there
should not be large scale commercial uses in the park.
· When the park design and its programmatic uses have been developed, the plan
should be brought back to the Planning Board for review.
July 28, 2004
City Commission Memorandum
Portofino Settlement Agreement - RDA
Page 3 of 9
Points of consensus:
· Importance of land swap to create bigger corridor next to basin.
· Need to redistribute heights and FAR in Block 1 and deal with open court
regulations. The open courtyards in concept plan do not enhance the design of
structures.
· City's use of development rights at the park's edge should be limited to civic uses
and perhaps very limited concessions that are accessory to park uses (rest rooms,
roller blade rental, water).
. Need for some transitional element between pedestal and the park.
Points of less unanimity:
· Re-consider distribution of uses on Block 51, in particular uses on Commerce
Street, massing and revisiting open court regulations.
. Limited commercial uses along South Pointe Drive on Goodman/Hinson.
Individual concerns:
. Closing alley on Block 1.
. Public access from Alton Road to the park.
. Commercial development on Block 52.
Motion: Summarize comments, create a model that shows massing of the concept plan
and recommend approval of proposed settlement agreement. Unanimously approved 5-0.
DESIGN REVIEW BOARD COMMENTS
The following is a summary of the comments given by the Design Review Board at the
June 15, 2004 meeting regarding the South Pointe Concept Master Plan.
Regarding the City's portion of the Alaska Parcel:
· All members were strongly opposed to filling in the Boat Basin.
. The Boat Basin is a valuable amenity.
· There was a strong consensus against commercial development.
· Available space should be used for a park and green space amenities.
Regarding the developer's portion:
· Residential uses are preferred, with the exception of an accessory restaurant.
· The placement of residential uses on the south side of the parking structure on the
Alaska Parcel facing the park is not desirable.
· Architectural development ofthe parking garage elevations is the preferred method
to screen the parking on the Alaska Parcel.
July 28, 2004
City Commission Memorandum
Portofino Settlement Agreement - RDA
Page 4 of9
. The safety of the public must be addressed regarding the dead end alley which will
be created on Block 1 .
. The vehicular bridge connection created on Block 51 is not desirable.
City Commission Action - Julv 7.2004
On July 7, 2004, the City Commission discussed the proposed Settlement Agreement,
reviewed the actual model that shows the massing of the concept plan and provided the
following comments and direction relative to the proposed Concept Plan:
1.
Issue:
Action:
2.
Issue:
Action:
3.
Issue:
Action:
4.
Issue:
Action:
5.
Issue:
Action:
6.
Issue:
Action:
Remove residential on Alaska from MR in proposed zoning ordinance
Amend LDRS and Compo Plan text to remove "residential"
Options for Related's 9000 +/- sf (buildable sq. ft.) from Alaska
City Commission approved Option 2 which transfers the 9,000 :t. sf from
the commercial SE corner of the pedestal and places it within the
residential tower on Goodman and Hinson and Related will deed an
additional 7,100 sf of Alaska to the City.
Massing and height on Block 1; Discussion on potential transfer of
density from the northern half of Block 1 to the Southern half of Block 1,
and moving FAR to SW corner of Block 1, thereby impacting potential
height of structure and increasing it from 75 feet to almost 150 feet.
This issue was referred back to the collaborative neighborhood planning
process for further discussion.
Eliminate courtyards for Block 1, 51, 52 (Section 142-699 (c))
City Commission agreed.
Residential or Commercial on Ground Floor of Block 51 and Block 1
This issue was referred back to the collaborative neighborhood planning
process for further discussion.
Cladding of pedestal/garage - Time RFP to allow construction of City
improvements by Related during its staging.
This issue will be discussed as part of the planning process involved in
the South Pointe Park RFQ and the City will negotiate timeframe with
developer regarding the submittal of a concept plan for developer to
construct certain improvements.
Summary of Collaborative Plannina Process relative to Concept Plan:
As provided for in the Term Sheet approved by the parties on February 25, 2004, and
finalized on March 8, 2004, the Concept Plan was to be developed in coordination and
collaboration with Neighborhood Representatives. Meetings were held with the Developer
and Neighborhood Representatives on March 31, April 7, May 20, June 14, 22, 28 and July
July 28, 2004
City Commission Memorandum
Portofino Settlement Agreement - RDA
Page 5 0'9
12,2004, in addition to public review at the Design Review Board on June 15,2004 and at
the Planning Board on June 22, 2004.
As initially reported on July 7, 2004 to the City Commission, and based on further input
received on July 12, 2004 at the Collaborative Planning Meeting, the Concept Plan has
been further revised and reflects the following:
Good man/Hinson/Alaska:
A rounded footprint of the tower and pedestal to be constructed on
Goodman/Hinson/Alaska, that allows for an expanded setback of 70 feet from and
retention of the boat basin.
At the July 7,2004 meeting, the Commission addressed the two options described below
and approved (b), which was described during the meeting as Option #2:
a) the Developer retains the 9,500 square feet .:t on the Alaska parcel as permitted
marine recreational use to be located at the south side of the tower's parking
pedestal, deeding the originally contemplated 80,450 sf of the Alaska parcel to the
City, or
b) implement the preferred neighborhood option which is to re-allocate the 9,500
square feet of FAR on Alaska to be included in the developable FAR within the
tower to be constructed on Goodman/Hinson as residential use (less sf needed for
the pedestal), (resulting in an increase width of 3 ft on each side of the building) Le.
increasing the permitted FAR from 296,000 square feet to 305,500 square feet,
without any increase in the height of the proposed building, and thereby eliminating
the 9,500 square feet of potential commercial use by the Developer within its
retained portion of the Alaska parcel. In this scenario, the Developer would then
increase its contribution of land to the City by an additional 7,100 square feet for a
total of approximately 87,550 square feet of land to be deeded to the City.
With this option, the City still retains its development rights for approximately 28,000
square feet of FAR within Alaska; such uses to be determined as part of the planning
process for the design and development of South Pointe Park.
Block 1, 51 & 52:
As reported on July 7,2004, the DRB and Planning Board also commented on massing
concerns on Block 1 and Block 51 and they discussed the activation of the ground floor (or
facades) facing Commerce Street on Block 51 and Collins Avenue on Block 1. The
neighborhood sentiment is to limit any further commercialization of the area.
As reported above, on July 7th the City Commission referred back to the collaborative
neighborhood planning process for further discussion, the massing on Block 1 and the
activation of the ground floor space on Block 51 and Block 1.
July 28, 2004
City Commission Memorandum
Porlofino Settlement Agreement - RDA
Page 6 of 9
At a July 12, 2004 meeting, Neighborhood Representatives participating in the
Collaborative process, provided the following comments:
. Height on Block 1 - it was unanimously preferred to maintain the maximum height
at 75 feet.
. Commercial uses on the ground floor of Block 1 and 51. The stated preference of
the residents participating in the Collaborative process was not to have any retail
uses on the ground floor by a very slight majority (7-6).
. A secondary position was to allow commercial uses in the following areas - Block 1,
facing South Pointe Drive; Block 51, from Washington Avenue up to the residential
entrance on South Pointe Drive (approximately 2/3 of the way to Alton Road).
As a result, the recommended Concept Plan reflects the following changes as a result of
the collaborative planning process:
Massinq on Block 1
Recommended Action: The Concept Plan reflects the terms of the original agreement
which provides for the Height limit to not exceed 40 ft. fronting the street (actual concept
plan reflects approximately a 30 ft. height fronting the street) and stepping up to 75 ft for
that portion of the structure that provides a 20 ft. setback, above the 40 ft height, from the
property line.
Commercial Uses/Activation of Ground Floor on Block 1 and Block 51
Recommended Action: The Concept Plan reflects retail/commercial uses fronting South
Pointe Drive on Block 1 and on Block 51 fronting South Pointe Drive, from Washington
Avenue to the residential entrance on that block face. This allows for a continuation of
these uses as they currently exist at the base of Portofino Tower and the Joe's Stone Crab
Restaurant and the commercial uses planned for in the Continuum project, east of
Washington Avenue along South Pointe Drive. Service delivery access was a prime
concern of area residents and will be addressed during Design Review process to assure
minimal impacts on the street and arising from commercial deliveries.
SETTLEMENT AGREEMENT TERMS:
The Settlement Agreement specifically provides for the following:
Conditions of Approval: Final Approvals will be deemed to have been granted once all
development approvals have been obtained and are no longer subject to appeals, but in no
event later than December 24, 2004. The Concept Plan must be approved by September
30, 2004, and the Development Approvals granted no later than October 15, 2004. Each
of these dates provides a termination date for the parties if not satisfied. Each of these
dates may be extended by Portofino and Related.
July 28, 2004
City Commission Memorandum
Portofino Settlement Agreement - RDA
Page 70'9
Conveyance of Alaska: The Developer will deed approximately 87,550 sf of Alaska to the
City, based upon the City Commission's acceptance of the Option 2 scenario described
above. The Developer will retain a construction staging easement and a 15 foot
maintenance easement and underground encroachment easement. The City will obtain a
cladding easement permitting the City to berm up to and landscape the southern fac;ade of
the Developer's parking pedestal and/or connect any desired public improvement, an
underground encroachment easement and a $10,000,000 title policy. The City has the
right, but must absorb the cost, to remove temporary cladding on the southern fac;ade of
the pedestal if it wants to construct improvements attached to the pedestal.
Furthermore, the Settlement Agreement provides that the City's use of the Alaska Property
shall be limited to uses permitted by the "MR" (Marine Recreation) zoning category as it
exists on the date of approval of this Agreement. The City may erect, construct, create and
locate such improvements on the Alaska Property and on the Federal Triangle Property,
provided the height of such improvements does not exceed the finished floor elevation of
the pool deck, as measured from grade, on the roof of the garage to be constructed on the
TRG Alaska Assemblage Property.
Conveyance of the Federal Trianqle: The original settlement terms contemplated the City
deeding approximately 3,150 sf of the Federal Triangle in exchange for the Developer
deeding approximately 3,150 sf of additional land from Alaska, subject to Federal
Government approval. At this time, based on the Concept Plan, the Developer will only
require approximately 450 sf of the Federal Triangle and a like amount will be deeded to
the City, which is reflected in the attached Concept Plan. The Settlement Agreement
presented on July 7, 2004 provided for "not more than 4,178 sf' of property from the
Federal Triangle being deeded in exchange for an equal amount of land from Alaska, to
afford the parties the maximum flexibility during the Neighborhood collaborative planning
process to finalize the Concept Plan. However, as previously stated, not more than 450 sf
will be exchanged based on the attached Concept Plan. Additionally, the Federal
Government has preliminarily indicated its favorable consideration of the proposed
exchange.
Boat Basin: The original settlement terms contemplated the Parties would evaluate the
navigability of the Boat Basin to determine whether it should be retained. At this time, and
based upon input during the collaborative planning process, the attached Concept Plan
reflects the boat basin being retained and providing a 70 foot set back to the Developer's
improvements. The Settlement Agreement still reflects the Developer's affirmative action
to pursue approvals to fill in and/or bridge over the existing boat basin and the City's
cooperation in connection therewith. Work on the boat basin cannot proceed without the
written approval of the City Manager, and along with the Alaska conveyance, Related will
convey rights to all boat basin permits.
It is anticipated that any such decision regarding the boat basin will be made at the time of
the City undertaking a separate planning process for the design and development of South
Pointe Park and the portion of the Alaska parcel deeded to the City.
July 28, 2004
City Commission Memorandum
Porlof/no Settlement Agreement - RDA
Page 80f9
Bavwalk & Seawall: As contemplated in the original settlement terms, the Developer will
construct a baywalk across the waterfront edge of the Alaska and Federal Triangle and
Hinson parcels. The City must submit design guidelines within 12 months of the date of
this Agreement for said improvements to be constructed no later than the TCO for the
tower to be built on Goodman and Hinson or the Developer will provide a performance
bond to the City to guarantee completion of the baywalk and seawall work, to be completed
within 12 months from the date of permit issuance.
Washinqton Avenue Extension: As contemplated in the original settlement terms, the
Developer will deed approximately 42,000 sf of the Washington Avenue Extension before a
building permit is issued for the residential tower to be developed on Goodman/Hinson,
subject to a covenant to rebuild for FAR and setback purposes.
Block 51: As contemplated in the original settlement terms, the City will convey the end
lots comprising approximately 7,726 sf to the Developer, allow for a bridging over the alley,
permit required parking up to 75 spaces for the Shops at Portofino (not to exceed 2.0
FAR), and required parking for the Ramos lots pursuant to a covenant-in-Iieu of unity of
title.
Block 1: The Development Approvals, in Exhibit C to the Settlement Agreement, and
necessary to make the Settlement Agreement effective, include reference to the vacation
of Ocean Court south of Lots 4 and 14. A separate agenda item authorizes the
conveyance and vacation of the public alley/easement, pursuant to the requirements of
Section 82-39 of the City Code, in favor of Sun & Fun, Inc. and Portofino Real Estate Fund,
Ltd.
Deceleration Lane: Subject to obtaining the appropriate regulatory approval, the Developer
will construct, at its sole cost and expense, a deceleration lane at the south side of 1-395 as
it intersects with the west side of Alton Road which will provide for (i) an eastbound right-
turn lane on Fifth Street at the Alton Road intersection, (ii) dual northbound left-turn lanes
on Alton Road at Fifth Street intersection, and (iii) modification of signalization at the Fifth
Street/Alton Road intersection to compliment the foregoing turn lanes pursuant to (ii) and
(iii) above, as required. Such work will be completed (A) prior to issuance of a final CO for
the ICON building if all regulatory approvals and permits are given by no later than October
1, 2004, otherwise (B) within 12 months after the granting of such approvals and permits.
The Related Entities shall seek such regulatory approvals in good faith with due diligence.
Concept Plan: The Concept Plan for the Alaska/Goodman/Hinson parcels and Blocks 1,
51 and 52 is attached and as described above. The final approved Concept Plan will be
attached to the Settlement Agreement and will set forth the framework and govern certain
elements pertaining to the future development of the parcels.
City Garaqe or other Public Facilitv: Within 12 months of the date of this Settlement
Agreement or 2 months after the issuance of a building permit for the project on
Goodman/Hinson parcel, whichever is later, the City may develop and submit to Related a
concept plan for public parking and/or other public facilities within South Pointe Park or
'.
July 28, 2004
City Commission Memorandum
Portofino Settlement Agreement - RDA
Page 9 of 9
upon Alaska that the City desires the Developer to construct at its cost, and City expense.
DRI: Within 90 days after issuance of final CO's, the Developer will amend the DRI to
reflect the as built status of the properties and release any remaining unused trips
attributable and reserved pursuant to the DR!. The original DRI Development Order and
agreement for fair share contributions will remain in full force and effect, except as
amended by the addition to the DRI of land acquired since the approval of that order.
South Easement Area:
Additionally, the Settlement Agreement includes the Developer's conveyance of the south
100 feet of the 150 foot Easement Property referenced in the 1998 Settlement Agreement,
"Grant of Easements", to the City. This property is located within SSDI-North, just north of
the Marina property and south of the Murano Grande condominium.
CONCLUSION
The Administration recommends approving the Settlement Agreement substantially on the
form attached, subject to approval of legal description by the City Attorney and Public
Works Department, and attached Concept Plan by and among East Coastline
Development, Ltd., Westside Partners, Ltd., and other entities collectively known as the
"Portofino Entities," and certain successors in interest that are part of the Related Group of
Florida, known as the "Related Entities," and the City of Miami Beach and the Miami Beach
Redevelopment Agency, concerning litigation over certain parcels in the South Pointe area
of Miami Beach known as the Alaska parcel, Goodman Terrace, the Hinson parcel, blocks
51, 52 and block 1, and including a portion of the Federal Triangle, and authorizing the
Chairman and Secretary to execute the Agreement and all necessary documents to
effectuate the terms of the Settlement.
JMG/C~/GMH/rar
T:\AGENDA\2004lJuI2804\RDA\Portofino Settlement Agreement adoption RDAmemo.DOC
Parcher. Robert
..~OOtj-2-S6~O f
jtf}1J 1..(7"1- 200 l(
From:
Sent:
To:
Subject:
Held, Gary
Monday, August 09,200410:39 AM
Parcher, Robert
FW: 270 ft. cap; Goodman-Hinson tower
For your records.
Gary M. Held
First Assistant City Attorney
City Attorney's Office
1700 Convention Center Drive - 4th floor
Miami Beach, Flor~ca 33139
tel: 305-673-7000 ~xt. 6532
fax: 305-673-7002
-----Original Message-----
From: GorsonM@gtlaw.com [mailto:GorsonM@gtlaw.com]
Sent: Thursday, August 05, 2004 12:25 PM
To: Held, Gary
Cc: Cuervo, Christina; Gomez, Jorge; Dubbin, Murray; SchulmanC@gtlaw.com;
GangemiL@gtlaw.com; jbronson@relatedgroup.com; tomdaly@beachclubstyle.com;
ccolonnese@relatedgroup.com
Subject: RE: 270 ft. cap; Goodman-Hinson tower
For your records, this will confirm as well. Thanks.
-----Original Message-----
From: Held, Gary [mailto:GaryHeld@miamibeachfl.gov]
Sent: Wednesday, August 04, 2004 7:33 PM
To: Gorson, Matthew (Shld-Mia-RE)
Cc: Cuervo, Christina; Gomez, Jorge; Dubbin, Murray
Subject: 270 ft. cap; Goodman-Hinson tower
This shall confirm our conversation today in which we agreed to provide for a 270 ft. cap
on the Goodman-Hinson residential tower, as discussed at the July28 City Commission
meeting, in the covenant in lieu of UT, Exhibit I to the Settlement Agreement.
Gary
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