2007-26518 Reso
RESOLUTION NO.
2007 -26518
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, APPROVING ON FIRST
READING AMENDMENT NO.2 TO THE DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND AR&J
SOBE, LLC, DATED MAY 18, 2005, FOR THE DEVELOPMENT OF
THE PROJECT PRESENTLY REFERRED TO AS "FIFTH AND
ALTON"; SAID AMENDMENT REVISING THE DEFINITION OF THE
TERMS "CITY SPACES", "DEVELOPER SPACES", AND "CITY'S
TRANSIT FACILITY CONTRIBUTION", AS SAID TERMS ARE
DEFINED IN THE DEVELOPMENT AGREEMENT; INCREASING
THE CITY'S TRANSIT FACILITY CONTRIBUTION FROM
$9,500,000 TO $14,307,725.40; REQUIRING THE CITY TO
ASSUME THE COST OF REMOVAL OF THE SIX (6) METERED ON-
STREET PARKING SPACES ON THE SOUTH SIDE OF 6TH
STREET, BETWEEN LENOX AVENUE AND ALTON ROAD, AT AN
ESTIMATED COST OF $90,000; REQUIRING THE CITY TO
ASSUME THE COST OF PAYING THE LEGAL FEES FOR THE
DRAFTING OF CONDOMINIUM DOCUMENTS FOR THE PROJECT,
ESTIMATED TO BE APPROXIMATELY $30,000; AND REVISING
THE "ALLOCATION OF REVENUES AND OPERATING
EXPENSES" (EXHIBIT "E" OF THE DEVELOPMENT
AGREEMENT); FURTHER SETTING THE SECOND AND FINAL
READING OF THIS AMENDMENT NO.2 FOR THE SPECIAL CITY
COMMISSION MEETING ON APRIL 25, 2007.
WHEREAS, on June 7, 2000, the Mayor and City Commission adopted Resolution
No. 2000-23963, designating the area bounded by 6th Street to the North; 5th Street to the
South; Alton Road to the West; and Lenox Avenue to the East, as a Brownfield site to
promote the environmental restoration and economic redevelopment of the area; and
WHEREAS, AR&J Sobe, LLC (Developer) intends to construct the project known as
the "Fifth and Alton" Project, contemplated to be a multi-level commercial building to be
used for supermarket/retail/restaurant space and its appurtenances, and a parking garage
on property bounded on the North by 6th Street; on the South by 5th Street; on the West by
Alton Road; and on the East by Lenox Avenue (Project); and
WHEREAS, said Project is contemplated to contain approximately 179,000 square
feet of commercial space, including an approximately 45,000 square foot supermarket,
transit elements, and a parking garage with approximately 1,100 parking spaces; and
WHEREAS, on May 16, 2005, the Mayor and City Commission adopted
Resolution No. 2005-25899, approving on Second and Final Reading, a Development
Agreement between the City and Developer, for the development of the Project, at a total
Agenda Item R7 A
Date l.{ -1/ -d 7
cost to the City of $9,500,000; and
WHEREAS, on February 23, 2005, as a component of the Project, and in
consideration of the public benefits being provided by Developer with respect to
development of the Project, the Mayor and City Commission adopted Resolution No. 2005-
25827, approving and authorizing the Mayor and City Clerk to execute a Vacation
Agreement vacating a portion of a City alley located adjacent to the proposed Project (the
Alley); which Vacation Agreement was subsequently amended on July 12, 2006, and
February 14, 2007, respectively; and
WHEREAS, on March 14,2007, pursuantto Resolution No. 2007-26492, the Mayor
and City Commission approved a First Amendment to the Development Agreement,
modifying the dates by which the Developer must obtain a building permit, secure a
supermarket lease, and commence and complete construction; and
WHEREAS, at Developer's request, the City and Developer have been negotiating a
new price per parking space for the City's contribution pursuant to a proposed Amendment
NO.2 to the Development Agreement; and
WHEREAS, among the provisions addressed in Amendment No.2, are the changes
to the definitions of "City Spaces", from 535 to 500 spaces; "Developer Spaces", from 541
to 586 spaces, and "City's Transit Facility Contribution", from $16,395 per parking space to
$27,000 per parking space; and
WHEREAS, Amendment NO.2 provides that the City shall hereafter pay the cost of
removal of the six (6) metered on-street parking spaces on the South side of 6th Street,
between Lenox Avenue and Alton Road, at a cost to the City of $90,000; and
WHEREAS, Amendment No 2 provides that the City shall solely pay the legal fees
and cost of drafting the condominium documents and the cost of recording the Declaration
of Condominium; and
WHEREAS, Amendment No. 2 includes a modification of Exhibit "E" to the
Development Agreement, to reflect the new ratio of City Spaces to Developer Spaces, for
the purpose of allocating revenues and operating expenses; and
WHEREAS, the provisions of Amendment NO.2 increase the total City contribution
(defined as the "City's Transit Facility Contribution"), from $9,500,000 to $14,307,725.40;
and
WHEREAS, upon approval of the proposed Amendment NO.2 on First Reading, the
Administration would hereby recommend that the Mayor and City Commission schedule
Second and Final Reading of said Amendment for the Special City Commission Meeting
on April 25, 2007.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve, on First Reading, Amendment NO.2 to the Development
Agreement between the City of Miami Beach and AR&J Sobe, LLC, dated May 18, 2005,
for the development of the Project, presently referred to as "5th and Alton", said
Amendment revising the definition of the terms "City Spaces", Developer Spaces", and
"City's Transit Facility Contribution", as said terms are defined in the Development
Agreement; increasing the City's Transit Facility Contribution from $9,500,000 to
$14,307,725.40; requiring the City to assume the cost of removal of the six (6) metered on-
street parking spaces on the South side of 6th Street, between Lenox Avenue and Alton
Road, at an estimated cost of $90,000; requiring the City to assume the cost of paying the
legal fees for the drafting of condominium documents for the Project, estimated to be
approximately $30,000; and revising the "Allocation of Revenues and Operating Expenses"
(Exhibit "E" of the Development Agreement); and further setting the Second and Final
Reading of this Amendment NO.2 for the Special City Commission meeting on April 25,
2007.
PASSED AND ADOPTED this 11th
MAYOR
ATTEST:
~~.~~
CITY CLERK
T:\AGENDA\2007\apr1107IRegularIPotamkin.RES.doc
APPROVED AS TO
FOR~LANGUAGE
& FO ECUTION
/I 11.17
J_ ,"/t
I
ity Allom.~ Date
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution approving Amendment Two to the Development Agreement between the City and AR&J
Sobe, LLC, on first readin ,for the ro'ect known as "Fifth and Alton".
Ke Intended Outcome Su orted:
Increase parking opportunities and enhance resident satisfaction with commercial service options.
Issue:
Shall the Mayor and City Commission approve Amendment Two to the Development Agreement,
modif in the rice er s ace and the number of cit s aces?
Item Summa IRecommendation:
On May 16, 2005, the Mayor and City Commission adopted Resolution No. 2005-25899, approving a
Development Agreement between the City of Miami Beach and AR&J Sobe, LLC, for the development of
Fifth and Alton, a vertical retail center/parking garage. The project received approval from the Design
Review Board and Historic Preservation Board on August 17, 2004, which were due to expire on February
17, 2006. The Developer obtained an one-year extension of time to obtain a building permit from the
Boards. This one-time extension will expire on February 17, 2007. Subsequently, the Developer obtained
his building permits and is ready to commence construction. This amendment has the effect of adjusting
the price per space from $16,395 to $27,000 and reducing the number of spaces from 535 to 500.
On January 10,2007, the Finance and Citywide Projects Committee discussed the proposed amendments
to the Development Agreement and Alley Vacation Agreement, as well as a discussion on the increasing
construction costs. The Committee recommended that the Administration present the first reading of the
amendments related to the extension of dates to the City Commission at the February 14t1i, 2007
Commission meeting, and negotiate a new price per parking space with the Developer. On February 14,
2007, the Mayor and City Commission approved Amendments to the Vacation Agreement and to the
Development Agreement on first reading. The second reading and final approval of Amendment One to
the Development Agreement occurred on March 14, 2007.
The Administration has met with the developer to negotiate a new price per parking space, as
directed by the Finance and Citywide Projects Committee. The attached Second Amendment to the
Development Agreement reflects the outcome of these negotiations. If approved on first reading, the
second readin and ublic hearin will take lace on A ril 25,2007.
10,2007
Financial Information:
Source of
Funds:
1
2
Amount
$4,807,725.40
$3,000,000
$3,500,000
Account
Parking Funds due to increase
Parking Funds to replace South
Pointe fundin
Parking Funds to replace FTA
fundin
Approved
3
Total $11,307,725.40
Cit Clerk's Office Le islative Trackin :
Kevin Crowder, Economic Development, xt. 6186
Si n-Offs:
DeRartment Director
City Manager
lD
~
AGENDA ITEM R 7 A
DATE~
MIIAMIBEACH
~
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
TO:
FROM:
DATE:
SUBJECT:
COMMISSION MEMORANDUM
Mayor David Dermer and Members of the City Commission
Jorge M. Gonzalez, City Manager '0t~.
April 11, 2007 ()
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING ON FIRST READING AMENDMENT
NO.2 TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF MIAMI
BEACH AND AR&J SOBE, LLC, DATED MAY 18, 2005, FOR THE
DEVELOPMENT OF THE PROJECT PRESENTLY REFERRED TO AS "FIFTH
AND ALTON"; SAID AMENDMENT REVISING THE DEFINITION OF THE
TERMS "CITY SPACES", "DEVELOPER SPACES", AND "CITY'S TRANSIT
FACILITY CONTRIBUTION", AS SAID TERMS ARE DEFINED IN THE
DEVELOPMENT AGREEMENT; INCREASING THE CITY'S TRANSIT FACILITY
CONTRIBUTION FROM $9,500,000 TO $14,307,725.40; REQUIRING THE CITY
TO ASSUME THE COST OF REMOVAL OF THE SIX (6) METERED ON-STREET
PARKING SPACES ON THE SOUTH SIDE OF 6TH STREET, BETWEEN LENOX
AVENUE AND ALTON ROAD, AT AN ESTIMATED COST OF $90,000;
REQUIRING THE CITY TO ASSUME THE COST OF PAYING THE LEGAL FEES
FOR THE DRAFTING OF CONDOMINIUM DOCUMENTS FOR THE PROJECT,
ESTIMATED TO BE APPROXIMATELY $30,000; AND REVISING THE
"ALLOCATION OF REVENUES AND OPERATING EXPENSES", EXHIBIT "E"
OF THE DEVELOPMENT AGREEMENT; FURTHER SETTING THE SECOND
READING AND PUBLIC HEARING FOR APRIL 25,2007.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANAL YSIS
On February 23,2005, in consideration of the public benefits being provided by AR&J So be
(Developer), the Mayor and City Commission adopted Resolution No. 2005-25827,
approving and authorizing the vacation of an alley located adjacent to the proposed Fifth and
Alton development project.
On May 16, 2005, the Mayor and City Commission adopted Resolution No. 2005-25899,
approving a Development Agreement between the City of Miami Beach and AR&J Sobe,
LLC, for the development of Fifth and Alton, a vertical retail center and parking garage.
On July 12, 2006, the Mayor and City Commission approved Resolution No. 2006-26246,
amending the Alley Vacation Agreement between the City and the Developer, conforming
the deadline dates for execution of the grocery lease and construction commencement to
the dates specified in the Development Agreement.
Commission Memorandum - AR&J Sobe Development Agreement
Apri/11, 2007
Page 2 of 3
Finance Committee Recommendation
On January 10, 2007, the Finance and Citywide Projects Committee discussed proposed
amendments to the timelines of the Development Agreement and Alley Vacation Agreement,
as well as a discussion on increasing construction costs. The Committee recommended that
the Administration present the first reading of the amendments related to the extension of
dates to the City Commission at the February 14th, 2007 Commission meeting, and negotiate
a new price per parking space with the Developer.
At the January 10, 2007 Finance and Citywide Projects Committee meeting, the Developer
presented contractor estimates (attached) that demonstrated the cost escalation for the
project that has occurred since the Development Agreement was approved on May 18,
2005. The cost estimates provided by the Developer indicate that the total construction cost
of the project has increased from $32 million in August 2004 to over $54 million in March of
2006. The cost of concrete alone for the project has increased from $12 million to almost
$28 million.
The Developer's estimates also indicate that the construction cost per parking space had
increased from $20,741 in 2004 to $35,313 in 2007. Furthermore, on December6, 2006, the
Mayor and City Commission approved Ordinance No. 2006-3545, increasing the Parking
Impact Fee from $15,000 per space to $35,000 per space.
On February 14, 2007, the Mayor and City Commission approved Amendment NumberTwo
to the Alley Vacation Agreement, modifying the dates by which the Developer must secure a
Supermarket Lease and Commence Construction, and further approving Amendment One
to the Development Agreement on first reading. The second reading and final approval of
Amendment One to the Development Agreement occurred at the March 14, 2007 City
Commission meeting.
The Administration has met with the developer to negotiate a new price per parking space,
as directed by the Finance and Citywide Projects Committee. The attached Second
Amendment to the Development Agreement reflects the outcome of these negotiations.
Effect of Proposed Chanqes
If approved by the Mayor and City Commission, the proposed amendment will have the
following effects:
. The City will purchase 500 parking spaces in the facility, rather than 535; and
. The City's funding contribution per parking space will increase from $16,395 to
$27,000; and
. The Developer shall not be required to pay $15,000 each forthe removal of three (3)
parking spaces on the south side of Sixth Street; and
. The City shall pay the cost of recording the Declaration of Condominium, rather than
50% of the cost (estimated total cost of $30,000).
Fundinq
Due to the delay of commencement of construction of the project, previously appropriated
South Pointe funds in the amount of $3 million were re-appropriated to the ACI settlement
and the purchase of 530 Meridian ($1.5 million each). Additionally, $3.5 million of Federal
Transit Administration funds previously identified for use in this project will not be utilized.
Commission Memorandum - AR&J Sobe Development Agreement
Apri/11,2007
Page 3 of 4
Therefore, a total of $11,307,725, which includes the $3 million in reallocated South Pointe
Funds, replacement of $3.5 million in FTA funds, and the increase of $4,807,725 due to this
amendment's revision of the City's contribution per parking space, will be funded with
Parking funds, to be repaid by South Pointe revenues at a later date (contemplated to be
2010/11), based on availability. Upon approval of this amendment, the City's total
contribution will increase from $9,500,000 to $14,307,725.40.
One additional issue relates to the costs associated with the City Elevator, the Transit
Facility Dedication Area Finishes, and the Transit Facility Dedication Area. The Developer
has proposed the following language:
"City's Transit Facility Contribution" shall mean approximately $27,000 $16,395.03
per parking space (being calculated by taking $13.500,000 $8,771,3-10 and dividing
same by the actual number of City Spaces) constituting the City Spaces plus an
additional sum equal to the actual Hard Costs and Soft Costs incurred by Developer
for the City Elevator plus an additional sum equal to the actual Hard Costs and Soft
Costs incurred by Developer for the Transit Facility Dedication Area Finishes
(approximately $356.187.60 for the City Elevator and $118,204.80 for the Transit
Facility Dedication Area Finishes) (but in no eyent to exceed $356,187.60 for the City
Elev3tor 3nd $118,201.80 for the Tr3m:it F3cility Dedic3tion Are3 Finishes) plus an
tfle additional sum equal to the actual Hard Costs and Soft Costs incurred by
Developer for the Transit Facility Dedication Area (approximately $333.333), ef
$333,333 f-or the Tr3nsit F3cility Dedic3tion Are3, all of which shall be disbursed by
City pursuant to Section 6.2 of this Agreement. Reference in the Aqreement to the
amount of the "City's Transit Facility Contribution" includinq. but not limited to Section
5.3 and Section 12.1 (0, shall be $14,307,725.40 (subiect to adiustment for actual
Hard Costs and Soft Costs of Developer associated with the City Elevator. Transit
Facility Dedication Area Finishes and Transmit Facility Dedication Area).
In addition to the proposed increase in the cost per parking space, the above language
removes the Guaranteed Maximum Price associated with the City Elevator, the Transit
Facility Dedication Area Finishes, and the Transit Facility Dedication Area. Since the
increase of the City's contribution is from $16,395 per space to $27,000, the Administration
has rejected this change and does not recommend this additional modification of the original
agreement. Approval of the attached amendment will not modify the terms related to these
additional costs, therefore, should the Mayor and City Commission with to include this
change, the agreement will need to be amended on April 11 ,2007 during the first reading of
Amendment Two.
CONCLUSION
The Administration recommends that the Mayor and City Commission hold the public
hearing and approve the proposed Second Amendment to the Development Agreement on
first reading.
JMGfTH/kc
Attachments:
Second Amendment to the Development Agreement
Moss Construction Budget Comparison
Parking Garage - Cost Based on Square Footage Percentage
T:\AGENDA\2007\apr11 07\Regular\Potamkin Second Amendment.doc
DRAFT AMENDMENT NO. 2
TO THE DEVELOPMENT AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH, FLORIDA
AND
AR&J SOBE, LLC
DATED MAY 18, 2005
This Amendment NO.2 to the Development Agreement made and entered this
day of ,2007, by and between the CITY OF MIAMI BEACH, a
Municipal Corporation existing under the laws of the State of Florida, having its
principal offices at 1700 Convention Center Drive, Miami Beach, Florida 33139
(hereinafter referred to as CITY), and AR&J SOBE, LLC., a Florida limited liability
company, having offices at 2665 South Bayshore Drive, Suite 1200, Coconut
Grove, FL 33133 (hereinafter referred to as DEVELOPER).
RECITALS
A. AR&J Sobe, LLC (Developer) anticipates constructing a
project on the land bordered by 5th Street, 6th Street, Alton
Road and Lenox Avenue, (which includes the Alley, as
defined below) containing a grocery store and other retail,
commercial, office and/or restaurant uses and parking
garage (the Project).
B. On February 23, 2005, in consideration of the public
benefits provided by Developer, the Mayor and City
Commission adopted Resolution No. 2005-25827,
approving and authorizing the vacation of the City's rights
to an alley located adjacent to the proposed Project (the
Alley).
C. Developer and City agreed to the terms and conditions for
vacating the Alley; Resolution No. 2005-25827 also
approved and authorized the parties to execute a Vacation
Agreement.
D. On May 18, 2005, in consideration of the public benefits
provided by Developer, the Mayor and City Commission
adopted Resolution No. 2005-25899, approving and
authorizing a Development Agreement for the Project by
and between the City and Developer.
E. On July 12, 2006, the Mayor and City Commission
approved Amendment No. 1 to the Alley Vacation
Agreement, said amendment providing for uniformity of
dates in the Vacation Agreement to coincide with the dates
in the Development Agreement, with respect to the
Developer's deadline within which to execute a
1
supermarket lease for the Project and for commencement
of construction of the Project.
F. On February 14, 2007, the Mayor and City Commission
approved Amendment No.2 to the Vacation Agreement,
said amendment further providing for uniformity of dates in
the Vacation Agreement to coincide with the dates in the
Development Agreement, with respect to the Developer's
deadline within which to execute the supermarket lease
and for commencement of construction of the Project.
G. Developer previously obtained a one-year extension to
obtain a building permit from the Historic Preservation and
Design Review Boards, said extension expiring on
February 17, 2007, which building permit was timely
obtained by Developer.
H. On , 2007, the Mayor and City Commission
approved a First Amendment to the Development
Agreement, said amendment providing for, among other
things, extending the date for commencement and
completion of construction of the Project.
I. This Amendment No.2 to the Development Agreement is
being proposed to adjust the parking space allocation
between the City and Developer applicable to the Project,
increase the City's Transit Facility Contribution, allocate to
the City the responsibility to pay for certain metered
parking spaces contiguous to the Project previously in part
payable by the Developer, allocate to the City the
responsibility to pay for certain legal fees and costs of
drafting and recording a Declaration of Condominium
applicable to part of the Project previously in part payable
by the Developer, and re-allocate revenues and operating
expenses of the Project consistent with the adjustment to
the parking space ratio between the City and Developer.
NOW. THEREFORE. the parties hereto, and in consideration of the mutual
promises, covenants, agreements, terms, and conditions herein contained, and
other good and valuable consideration, the respect and adequacy are hereby
acknowledged, do agree as follows:
1. ABOVE RECITALS.
The above recitals are true and correct and are incorporated as a part of
this Amendment NO.2.
2. MODIFICATIONS.
A. The following terms in Article 1, entitled "Definitions" of the
2
Development Agreement are amended as follows:
"City Spaces" means the 500 ~ parking spaces within the Transit
Facility that are to be conveyed to the City and located substantially as
shown on Exhibit "I" hereto. The City Spaces shall be comprised of the
"City Supermarket Spaces" and "City Non-Supermarket Spaces", as
defined below. Anything in this Agreement to the contrary notwithstanding,
in order to satisfy potential FAR, parking and governmental requirements,
up to 14 (the precise number of which shall be determined by Developer
based on the governmental parking requirements imposed for the
issuance of the building permits and final certificate of occupancy for the
Project, not to exceed 14) of the City Non-Supermarket Spaces shall be
owned jointly by the City and the Developer as tenants in common, each
as to an undivided 50% interest (and Developer shall retain said 50%
interest when it conveys said up to 14 spaces to City), but (i) for purposes
of City's Transit Facility Contribution, the allocation of Revenues and
Operating Expenses, allocation of payment in the event of condemnation,
determination of the purchase price in the event of a sale and all similar
purposes under the Declaration, City shall be deemed the sole owner of
such up to 14 spaces, (ii) Developer shall, to the extent an exemption
from taxes would otherwise be available in respect of said up to 14
spaces, pay any taxes in respect of said spaces (otherwise, City shall pay
taxes on said spaces), (iii) Developer may, at any time convey its interest
in any or all of said up to 14 spaces to the City for no additional
consideration, and the City shall accept such conveyance and (iv) such up
to 14 spaces shall, at developer's option, be the last spaces to be
reconveyed to Developer in the case of a condemnation, and if any of
said up to 14 spaces are at any time condemned, City shall, for no
consideration, convey to Developer, at Developer's option, an equivalent
interest in other City Non-Supermarket Spaces (or Supermarket Spaces,
ifthere are no more City Non-Supermarket Spaces) so that Developer will
continue to own, after the condemnation, if it so elects, up to the same
number of spaces that it owned prior to the condemnation as a 50% co-
tenant. The provisions of the foregoing will be incorporated into and
implemented by the Declaration at the time of its preparation. Further,
anything in this Agreement to the contrary notwithstanding, if Developer,
in order to satisfy potential FAR, parking and governmental requirements,
requires more than the 14 spaces provided for above based on the
governmental parking requirements imposed for the issuance of the
building permits and final certificate of occupancy for the Project, the
Parties shall negotiate in good faith to attempt to arrive at a mutually
satisfactory solution, failing which Developer may unilaterally reduce the
number of City Non-Supermarket Spaces to be sold to the City under this
Agreement by the amount of the shortage in parking spaces required by
Developer, whereupon the City's Transit Facility Contribution allocable to
parking spaces shall be reduced by an amount equal to the per parking
space amount multiplied by the reduction in the number of parking spaces
sold by the Developer to the City (and Developer shall promptly reimburse
the City for any excess payment paid by the City in respect therefore, if
any).
3
"Developer Spaces" means all parking spaces (currently contemplated to
be approximately 581 e4e) located within the Transit Facility except for
the City Spaces, and located substantially as shown on Exhibit "I" hereto.
The Developer Spaces shall include a portion of the City Code required
parking spaces for the contemplated supermarket user. The Developer
Spaces shall not include any of the City Spaces that are co-owned by
Developer as tenant in common with the City.
"City's Transit Facility Contribution" shall mean approximately $27.000
$16,395.03 per parking space (being calculated by taking $13.500,000
$8,771,340 and dividing same by the actual number of City Spaces)
constituting the City Spaces plus an additional sum equal to the actual
Hard Costs and Soft Costs incurred by Developer for the City Elevator
plus an additional sum equal to the actual Hard Costs and Soft Costs
incurred by Developer for the Transit Facility Dedication Area Finishes
(but in no event to exceed $356,187.60 for the City Elevator and
$118,204.80 for the Transit Facility Dedication Area Finishes) plus the
additional sum of $333,333 for the Transit Facility Dedication Area, all of
which shall be disbursed by City pursuant to Section 6.2 of this
Agreement. Reference in the Aqreement to the amount of the "City's
Transit Facility Contribution" includinq. but not limited to Section 5.3 and
Section 12.1(0. shall be $14.307.725.40.
B. Section 6.2.1 (iv) of the Agreement is modified to provide that the
City shall hereafter pay the cost of removal of the six (6) metered on street
parking spaces on the south side of 6th Street between Lenox Avenue and
Alton Road, at a cost to the City of $90,000 ($15,000 per space).
Developer is no longer responsible for its /'2 share of metered parking
space removal cost under Section 6.2.1 (iv) (i.e., a cost of $45,000 for cost
of removal of three (3) metered on street parking spaces).
C. Section 6.3(c)(i) and (ii) of the Agreement regarding "Declaration
Costs" is modified to provide that the City shall solely pay (i) the legal fees
and cost of drafting the condominium documents (whether to Greenberg
Traurig or other law firm acceptable to the City) (estimated to be
approximately $30,000, assuming minimal negotiation and redrafting),
and (ii) the cost of recording the Declaration.
D. The third sentence of Section 4(e)(iii) of Exhibit "E" of the
Development Agreement ("Material Terms of Declaration") is modified as follows:
The cost of maintaining, repairing, insuring, and, when necessary,
replacing those portions of the Property (or components thereof), including the
Garage, as enumerated on Schedule 1 not technically a part of the Retail Space
(the "Operating Expenses"), shall be allocated to the Garage and shall ultimately
be payable by the City and Developer in proportion to the number of City Spaces
and Retail Spaces owned by each from time to time in relation to the total of all
Retail Space and City Spaces in the Garage from time to time (initially, the City
will pay 500/1081 = 46.25% and Developer will pay 53.75% 535/1081 -19:19%
::md Developer'Nill pay 50.51 % based on contemplated 1081 total parking spaces
4
in the Garage; the City's share shall hereinafter be referred to as the "City
Fraction", and shall be adjusted from time to time if and at the time, if any, that the
ratio of City Spaces to Developer Spaces changes).
E. Schedule 1 to Exhibit "E" of the Development Agreement ("Material
Terms of Declaration") is modified to incorporate item 2(D) above.
3. OTHER PROVISIONS.
All other provisions of the Agreement, as amended, are unchanged.
4. DEFINED TERMS.
Capitalized terms shall have the same meaning as set forth in the
Agreement unless otherwise defined herein.
5. RATIFICATION.
The CITY and DEVELOPER ratify the terms of the Development
Agreement, as amended by this Amendment No.2.
IN WITNESS WHEREOF, the parties hereto have caused this
Amendment NO.2 to be executed in their names by their duly authorized officials
as of the date first set forth above.
ATTEST:
CITY OF MIAMI BEACH
City Clerk
By
Mayor
ATTEST:
DEVELOPER:
AR&JSOBEPARTNERS,LLC
a Florida limited liability company, by
Berkowitz Limited Partnership, its manager
by Berkowitz, LLC, its general partner
Signature
By
Jeffrey L. Berkowitz, Manager
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FRIDA Y, MARCH 30, 2CJ07 , 58
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MIAMI BEACH
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING '.
,.
NOTICE IS HEREBY given that a public hearing will b. e held by. . .'1 U.
Mayor and City Commission of the City of Miami Beach, A~ it
the Commission 'Chambers, 3rd floor, City Hall, 1700 CoilveQtkJn
Center Drive, Miami Beach, Florida, on Wednesday, AprIl 11 , 200t.
10:40 A.M., to consider a Second Addendum to the Deve/opQ'lePt
! Agreement between the City of Miami Beach and AR&J Sobe, u..c..
I dated May 18, 2005, for the development of the project presenlrj
: referred to as "5th and Alton, "containing approximately 179,000
square feet of retail area; a supermarket; an approximately 1,081,'
space parking garage; park-and-ride transit facility, including':IIi1'
intermodalltransportation component; and ~urrounding. streetscJiJIl......,.,.;,'.
and public infrastructure to serve the project, tmunded by ~,
Avenue of the east, Alton Road on the west, 6th Street on thenOrthr
and 5th Street on the south, in Miami Beach, Florida; said Add9ndUrn'
revising the definition of the term "City's Transit Facility ContrilJl.llOnw,
as said term is defined by the Development Agreement, .frlJrn'
approximately $16,395.03 per parking space to $27,000 per.~.
space; revising the definition of the term "City Spaces"as-said termi
defined by the Development Agreement, from 535 parking spacet(m
500 parking spaces; revising the terms regarding the removal of~",
metered on-street parking spaces on the south side of 6th Street; ~' .
further revising the terms related to' payment of the "D~
Costs". .
-
Inquiries may be directed to the Miami Beach Economic Developrnerit.
Department at (305) 673-7193,
INTERESTED PARTIES are invited to appear at this meeting or be'
represented by an agent or to express their views in writing addressed to the
City Commission clo the City Clerk, 1700 Convention Center Drive, 1st Floor,
City Hall, Miami Beach, Florida 33139, This meeting may be opened and
continued and under such circumstances additional legal notice would not be
provided.
Pursuant to Section 286.0105, FL Statutes, the City hereby advises the public
that: if a person decides to appeal any decision made by the City Commission
with respect to any matter considered at its meeting or its hearing, such
person must ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is to be
based, This notice does not constitute consent by the, City for the introduction
or admission of otherwise inadmissible or irrelevant evidence, nor does it
authorize challenges or appeals not otherwise allowed by law.
To request this material in accessible format, sign language interpreters
information on access for persons with disabilities, and lor any
accommodation to review any document or participate in any City-sponsored
proceeding, please contact (305) 604-2489 (voice), (305) 673-7218(TTY) five
, days in advance to initiate your request. TlY users may also call 711 (Aorida
' Relay Service).
(Ad #430)
.