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HomeMy WebLinkAbout2006-26376 Reso RESOLUTION NO. 2006-26376 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA APPROVING AN AMENDMENT TO THE CONCEPT PLAN FOR PROPERTY OWNED BY TRG- BLOCK ONE, LTD. IN BLOCK 1 IN SOUTH POINTE; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A TERMINATION AND ABANDONMENT AGREEMENT REGARDING THE SOUTH PORTION OF THE BLOCK 1 ALLEY; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A RELEASE OF SUBSURFACE RIGHTS REGARDING THE NORTH PORTION OF THE BLOCK 1 ALLEY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach entered into a Settlement Agreement on July 28, 2004 (the "Settlement Agreement") with various entities defined therein as the "Portofino Entities" and the "Related Entities"; and WHEREAS, the Related Entities and affiliates of the Related Entities, including TRG- Block One, Ltd. ("TRG Block 1," and together with the Related Entities, "Related"), now has succeeded to all of the ownership interests in the Land, as such term is defined in the Settlement Agreement, including TRG Block 1, which has succeeded to the ownership interests in the Block One Parcel, as such term is defined in the Settlement Agreement; and WHEREAS, the City Commission adopted Resolution No. 2004-25651 which approved a concept plan for various parcels in the South Pointe area (the "Concept Plan") including the Block 1 Parcel; and WHEREAS, the Concept Plan was formulated after an exhaustive public process which included citizen review and numerous public meetings and workshops through an ad hoc committee of concerned citizens and has also been reviewed by the City staff, the Planning Board, and the Design Review Board, all of whom recommended approval thereof, which resulted in the Concept Plan's approval by the City Commission; and WHEREAS, Related has obtained Design Review Board approval on April 4, 2006 for a proposed development on the Block 1 Parcel, subject to the City Commission approving modifications in the Concept Plan (the "Modified Concept Plan"), because the Modified Concept Plan deviates from the approved Concept Plan; and WHEREAS, the City Commission has referred the Modified Concept Plan to the Planning Board for that Board's review of such modifications; and MIA-FS 1 \GANGEMIL\1826145v04\1 nnb i 04_. DOC\I 0/4/06\1 0840.092400 WHEREAS, the Planning Board reviewed the proposed changes and approved them subject to the following: (1) Related must provide a funding mechanism to maintain the public park in perpetuity, and (2) Related must provide an additional public benefit; and WHEREAS, Related has negotiated with the City a First Amendment to the Settlement Agreement that addresses the requirements of the Planning Board and the City Commission concludes that it is in the City's best interests to approve the First Amendment to the Settlement Agreement and the Modified Concept Plan affecting properties Related owns as successor to the Porto fino Entities on the Block 1 Parcel. WHEREAS, the City Commission previously approved the abandonment of the south portion of the Block 1 alley and the release of subsurface rights with respect to the north portion of the Block 1 alley. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: That the City Commission hereby (1) approves the Modified Concept Plan for Block 1, in substantially the form attached hereto as Exhibit "A," (2) authorizes the Mayor and the City Clerk to execute the Termination and Abandonment Agreement in substantially the form attached hereto as Exhibit "B" and the Release of Subsurface Rights in the form attached hereto as Exhibit "C", however, these documents are subject to the final review and approval of the City Manager and City Attorney The Modified Concept Plan shall be used as a guide in implementing the First Amendment to the Settlement Agreement, except that all design approvals shall be in conformity with the Modified Concept Plan on Block 1. Implementation of the development shown on the Modified Concept Plan shall be pursuant to the terms of the First Amendment to the Settlement Agreement. In the event of any conflict between the Modified Concept Plan and the Land Development Regulations of We! City. the provisions of the Land Development Regulations shall govern. This Resoluti,O}'{ stll come effective immediately upon adoption. / i PASSED and ADOPTED this 11 tlday of Octo er , , I I David Dermer APPROVED AS TO ND LANGUAGE OR EXECUTION !2JL, JOlt DATE A~ ftU~ CITY CLERK Robert Parcher F:\atto\HELG\LlTIGA TI\Alaska\Block I 2006\TRG Alaska Block 1 Resolution - Modified Concept Plan(v4).DOC 2