98-22751 Reso Incomplete
RESOLUTION NO.
98-22751
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA APPROVING AN
AMENDMENT TO SETTLEMENT AGREEMENT BETWEEN WEST
SIDE PARTNERS, LTD. AND THE CITY OF MIAMI BEACH, ET
AL. AND AUTHORIZING THE EXECUTION OF ANY NECESSARY
DOCUMENTS.
WHEREAS, West Side Partners, Ltd. has heretofore asserted claims against the City of
Miami Beach ("City") and the Miami Beach Redevelopment Agency ("RDA") in an Emergency
Motion styled, West Side Partners. Ltd.. a Florida Limited Partnershio. Plaintiff vs. City of Miami
Beach. Florida. a Florida municioal corporation and the Miami Beach Redevelopment Agency. a
Florida municioal aaency organized existing pursuant to the Community Development Act of 1969.
Defendants, Case No. 82-24526-CA 30 in the Circuit Court of the Eleventh Judicial Circuit in and
for Dade County, Florida (the "Emergency Motion"); and
WHEREAS, the City Commission has heretofore approved a Settlement Agreement with
respect to the Emergency Motion, pursuant to Resolution No. 98-22718, adopted on April 15, 1998.
WHEREAS, the parties have agreed to an amendment to the Settlement Agreement in the
form and substance attached hereto as Exhibit "A".
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, as follows:
Section 1:
That the City Commission approves the Amendment to Settlement
Agreement attached hereto as Exhibit "A".
Section 2:
That the City Commission hereby authorizes the Mayor, City Clerk and other
necessary City personnel to execute the Amendment to Settlement
Agreement, and such other instruments as may be necessary to carry out
the intent of this Resolution.
PASSED and ADOPTED this 20th day of
May
,1998.
ATTEST:
1tf
~J--ftU~
MAYOR
CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
~~~- :-r't-r1
I':\A TIO\I.EVLlRESO&1 lRIJISE1l1.E2_RES
CITY OF MIAMI BEACH
~ITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
1ttp:\\cLm iami-beach. fl. us
COMMISSION MEMORANDUM NO.
618;-9~
TO:
Mayor Neisen 0, Kasdin and
Members of the City C ission
DATE: May 20, 1998
FROM:
Sergio Rodriguez
City Manager
SUBJECT:
A RESO TION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AN AMENDMENT TO
SETTLEMENT AGREEMENT BETWEEN WEST SIDE PARTNERS, LTD.
AND THE CITY OF MIAMI BEACH, ET AL. AND AUTHORIZING THE
EXECUTION OF ANY NECESSARY DOCUMENTS
RECOMMENDATION
Adopt the Resolution.
BACKGROUND
On April 15, 1998, the RDAlCity Commission approved a Settlement Agreement with West Side
Partners, Ltd. (the Portofino entities). Per Mayor Kasdin's request (see attached), in followup
review, it has been determined that it would be in the City's best interest to amend the Settlement
Agreement, Paragraph 2.1.3 in order to allow the City, at the City's option, the opportunity to
terminate the Agreement. Additionally, the Administration believes that additional time will be
necessary in order to complete a concept plan, and to receive all necessary approvals.
ANALYSIS:
The termination provision should also be extended to the City. The dates for concept plan approval
and receipt of final approvals need to be changed to July 31, 1998 and December 31, 1998
respectively. The Amendment is attached to this memorandum for RDAlCommission review, and
the section of the Amendment to which reference is made is also attached for informational
purposes.
CONCLUSION:
The Redevelopment Agency Board/City Commission should approve the Resolution.
~
SR:HSM/jph
Attachments
AGENDA ITEM
~/~
5-L()-9~
T:\AGENDA \MA Y2098\REGULAR\PORTOFIN.CM
DATE
CITY OF MIAMI BEACH
MEMORANDUM
TO: Marla Dumas
FROM: Robert Parcher --fi-Ll/-' ~t /ef'
City Clerk
DATE: May 22, 1998
SUBJECT: Agreement
)'\1\
Enclosed are..er-ght settlement agreements between West Side Partners, Ltd. and the City of Miami
Beach, for the signatures of the appropriate officials.
After obtaining the applicable signatures, please return the documents to the City Clerk's Office, to
the attention of Mercy Williams. Subsequently, a fully executed copy will be forwarded to you for
your files in addition to a copy of the resolution authorizing said agreements (Resolution No.
292-98, 5/20/98, 2-A).
Thank you.
RESOLUTION NO.
292-98
A RESOLUTION OF THE CHAIRMAN AND MEMBERS OF THE
MIAMI BEACH REDEVELOPMENT AGENCY, APPROVING AN
AMENDMENT TO SETTLEMENT AGREEMENT BETWEEN WEST
SIDE PARTNERS, LTD. AND THE CITY OF MIAMI BEACH, ET
AL. AND AUTHORIZING THE EXECUTION OF ANY NECESSARY
DOCUMENTS.
WHEREAS, West Side Partners, Ltd. has heretofore asserted claims against the City of
Miami Beach ("City") and the Miami Beach Redevelopment Agency ("RDA") in an Emergency
Motion styled, West Side Partners. Ltd.. a Florida Limited Partnershio. Plaintiff vs. Citv of Miami
Beach. Florida. a Florida municioal corooration and the Miami Beach Redevelooment Agency. a
Florida municioal agency organized existina oursuant to the Community Develooment Act of 1969.
Defendants, Case No. 82-24526-CA 30 in the Circuit Court of the Eleventh Judicial Circuit in and
for Dade County, Florida (the "Emergency Motion"); and
WHEREAS, the members of the Miami Beach Redevelopment Agency have heretofore
approved a Settlement Agreement with respect to the Emergency Motion, pursuant to Resolution
No. 293-98, adopted on April 15, 1998.
WHEREAS, the parties have agreed to an amendment to the Settlement Agreement in the
form and substance attached hereto as Exhibit "A".
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CHAIRMAN AND MEMBERS OF
THE MIAMI BEACH REDEVELOPMENT AGENCY, as follows:
Section 1:
That the RDA approves the Amendment to Settlement Agreement attached
hereto as Exhibit "A".
Section 2:
That the Members of the RDA hereby authorize the Chairman, Secretary
and other necessary RDA personnel to execute the Amendment to
Settlement Agreement, and such other instruments as may be necessary
to carry out the intent of this Resolution.
PASSED and ADOPTED this 20th day of
May
,1998.
ATTEST:
j, It
fI'~ i!
};li. ,
, '
,
CHAIRMAN
~J' PM~
SECRETARY
APPROVED AS TO
FORM & LANGUAGE
_ /~ j & ~ exeCUTION
~ {'-/Y-n
~evelopment Agency Dote
~ General Counsel
F:\A 1T(JlLEVI ,\RES()&ORDISETIl.E2.RDA
Miami Beach
Redevelopment Agency
1700 Convention Center Drive
Miami Beach, Florida 33139
Telephone: (305) 673- 7295
Fax: (305) 673- 7772
REDEVELOPMENT AGENCY MEMORANDUM NO, <1 8' -I Co
DATE:
May 20,1998
TO:
Chairman and Members of the Board
of the Miami Beach Redevelopment Agency
FROM:
Sergio Rodriguez
Executive Director
SUBJECT:
A RESOLUTIO E CHAIRMAN AND MEMBERS OF THE MIAMI
BEACH REDEVELOPMENT AGENCY, APPROVING AN AMENDMENT
TO SETTLEMENT AGREEMENT BETWEEN WEST SIDE PARTNERS,
LTD. AND THE CITY OF MIAMI BEACH, ET AL. AND AUTHORIZING
THE EXECUTION OF ANY NECESSARY DOCUMENTS
RECOMMENDATION
Adopt the Resolution.
BACKGROUND
On April 15, 1998, the RDAlCity Commission approved a Settlement Agreement with West Side
Partners, Ltd. (the Portofino entities). Per Mayor Kasdin's request (see attached), in followup
review, it has been determined that it would be in the City's best interest to amend the Settlement
Agreement, Paragraph 2.1.3 in order to allow the City, at the City's option, the opportunity to
terminate the Agreement. Additionally, the Administration believes that additional time will be
necessary in order to complete a concept plan, and to receive all necessary approvals.
ANALYSIS:
The termination provision should also be extended to the City. The dates for concept plan approval
and receipt of final approvals need to be changed to July 31, 1998 and December 31, 1998
respectively. The Amendment is attached to this memorandum for RDAlCommission review, and
the section of the Amendment to which reference is made is also attached for informational
purposes.
S()UTtl V()I~~
Vedeve'cpment Uistrict
f Agenda Item 2 A
l?ede~
Date 5-20-92
CONCLUSION:
The Redevelopment Agency Board/City Commission should approve the Resolution.
SR:~h
Attachments
T:\AGENDA\MA Y2098\RDA\PORTOFIN.RDA
AMENDMENT TO SETTLEMENT AGREEMENT
WHEREAS, that certain Settlement Agreement by and among the City of Miami Beach,
Florida, a Florida municipal corporation (the "City"), the Miami Beach Redevelopment Agency, a
Florida public agency organized and existing pursuant to the Community Redevelopment Act of
1969, Chapter 163, Part III, Florida Statutes, as amended (the "Redevelopment Agency"), and West
Side Partners, Ltd., a Florida limited partnership ("West Side"), was approved by the City on April
15, 1998 (the "Settlement Agreement");
WHEREAS, the City, the Redevelopment Agency and West Side wish to amend the
Settlement Agreement pursuant to the terms and conditions of this Amendment to Settlement
Agreement (the "Amendment").
NOW, THEREFORE, in consideration of the mutual covenants contained in the Settlement
Agreement and in this Amendment, and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto hereby agree to amend Paragraph
2.1.3 to read as follows:
2. 1.3 In the event that all of the Development Approvals, for any reason, have not
been obtained on or before July 31, 1998 and/or the Final Approvals have not been
obtained by December 31, 1998 or, in the event that any of the required Development
Approvals have been denied by the City or the Redevelopment Agency, then the
City, at the City's option, after the occurrence of any of said events, but not prior to
June 1, 1999, or West Side, at West Side's option, at any time after the occurrence
of any of said events, may elect to terminate this Agreement by written notice of
termination to the other party, whereupon all of the provisions and obligations of the
parties under this Agreement shall fully terminate and be null and void except for the
approval of the Zoning Map Amendment and the approval of the Comprehensive
Plan Amendments, as described in subparagraphs (i) and (iii) above, which shall
survive the termination of this Agreement, and that all other Development Approvals
which have been adopted shall be treated by the City, the Redevelopment Agency
and West Side as revoked and of no further force and effect. West Side, the City and
the Redevelopment Agency agree to promptly execute and deliver to each other such
other documentation as may be required to confirm the foregoing, and the parties
shall otherwise be restored to the condition that existed prior to the date of execution
of this Agreement, without prejudice to West Side or any other Portofino Entity to
apply to the City and/or the Redevelopment Agency for reconsideration of any of the
Development Approvals which were denied, or which were terminated in connection
with the termination of this Agreement, upon proper written notice, as if this
Agreement never existed, with the further understanding that the applications for
Development Approvals shall not be terminated in connection with the termination
of this Agreement, and shall be treated in the same fashion as if this Agreement never
existed. The provisions of this Paragraph 2.1.3 shall survive the termination of this
Agreement.
(l^~
EXECUTED as ofthe.~ day of
1998, in several counterparts, each
2
of which shall be deemed an original, but all constituting only one agreement..
Signed, sealed and delivered
in the presence of:
CITY OF MIAMI BEACH, FLORIDA, a
municipal corpor tion
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By:
~Jr,~' \J I:'{!!!J/; ~
~~.
Name: ., \w/' :v
THE MIAMI BEACH REDEVELOPMENT
AGENCY, a public agency organized and
existing pursuant to the Community
Redevelopment Act of 1969, as amended,
Chapter 163, III Florida Statutes
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By:
Name: V\
Title: Chairman
Attest:jUb ~ P CIA tk
Name: R. 0 B bt'l- r P AfL(l HM1-
Title: C-/ T'1 e..LCd-nk:-
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
APPROVED /4S TO
FORM & LANGUAGE
& FOR EXECUTION
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City AHorne
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Dote
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WEST SIDE PARTNERS, LTD., a Florida
limited partnership
By: WEST SIDE PARTNERS, INC., a
Florida corporation, Gener
I
I
By:
Name:
Title:
T, I<rtHMeil-
P~t5C;(J&/vr
4
JOINDER
The undersigned MIAMI BEACH MARINA ASSOCIATES, LTD., a Florida limited
pax.ership, aJt~na Le~see, hereby joins in and consents to the foregoing Amendment this
.~ day of . 1998.
WITNESS:
L~ P- .~
N:6~RUbln j
Name: Carter N~
MIAMI BEACH MARINA ASSOCIATES, LTD., a
Florida limited partnership
By: SoBe Marine, Inc., a Florida corporation,
general partner
By'
JOINDER
The undersigned, as thi owner of the Alaska Parcel, hereby joins in and consents to the
foregoing Amendment this~ day of ~ 1998.
EAST COASTLINE DEVELOPMENT, LTD., a
Florida limited partnership
~uf )lLL
.~
By: EAST COASTLINE, ~ c., a Florida
corporat7ion~ Part~ "~~ ///
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By: ~ C/
/ ;< es (J &/Lt: {
JOINDER
The undersigned, ~;~wner 0 he Hinson Parcel, hereby joins in and consents to the
foregoing Amendment this . day of -. 1998.
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COAST DEVELOPMENT, LTD., a Florida
limited partnership
'--------- /'"
By: AZURE COAST, INj:;;;' a Florida corporation,
General pa. rt r.." <#~....~~~.., //~..../'"._._"
By ,/~~/
p!Z f?5 {c! t:Jvr
JOINDER
The undersigned, as the owner and/or lessee of the those certain lots located in Blocfl5 ~ and
Block 52 (the "Lots"), hereby joins in and consents to the foregoing Amendment this..;{G'''oay of
~ 1998.
Sandpoint Financial Ltd., a Florida limited
partnership
Na
By: Sa~dpoint (l1i~~cial Cor~o;aiton, a Florida
corporatlOn, Gehefal:--Partner //-;.:?'
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/ -~ //------
/ / ~ /
By: / / /
/ f;z/ &~<; ( J ~/v V-
~~
JOINDER
The undersigned HELLER FINANCIAL, INe., aj)LI Ct (,)(1 (L. corporation, as the
holder of the leasehold mortgage encumbering the Marina Lease, and recorded in Official Records
Book 17673, Page 2862 of the Public Records of Dade County, Florida hereby joins in and consents
to the foregoing Amendment this 12lr-dayof Oc..-t-~ \o-{..- , 1998.
HELLER FINANCIAL, INe., a --D.f i (~kl(t1r~~
corporation
By:
Name:
Title:
MlA9801/32200-3