94-21125 RESO Incomplete
RESOLUTION NO. 94-21125
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA
AUTHORIZING THE CONVEYANCE OF CITY OWNED LAND
KNOWN AS LOT 29 AND A PORTION OF LOT 30 IN
BLOCK 51, TOGETHER WITH THE REVERSIONARY
INTEREST IN A TEN FOOT PUBLIC WALK TO THE
SOUTH OF THESE PARCELS, AN AREA BOUNDED BY
ALTON ROAD/JEFFERSON AVENUE ON THE WEST,
BISCAYNE ST. ON THE SOUTH, COMMERCE STREET ON
THE NORTH AND WASHINGTON AVENUE ON THE EAST,
THIS CONVEYANCE MADE TO 701 HOLDING CORP.;
WAIVING, PURSUANT TO ORDINANCE NO. 92-2783 AN
ADVERTISED PUBLIC BIDDING PROCESS FOR THIS
CONVEYANCE; ESTABLISHING CONDITIONS TO THE
CONVEYANCE, AND AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE ALL DOCUMENTS NECESSARY FOR
THE CONVEYANCE.
WHEREAS, the City of Miami Beach (City) owns property in the
South pointe Redevelopment Area, such property described as Lot 29
and a portion of Lot 30 of Block 51, together with a ten foot
public walk to the south of these parcels; and
WHEREAS, this Property has been included in ongoing
negotiations with the Portofino Development Group regarding
amendments to existing agreements in the South pointe Redevelopment
Area; and
WHEREAS, the City has been requested by 701 Holding Corp., an
entity affiliated with the Portofino Development Group to convey
title to the Property in order to facilitate the development of a
project on Block 51 by 701 Holding Corp.; and
WHEREAS, the Mayor and City Commission deem it in the public
interest to convey the subject Property to 701 Holding Corp.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH , FLORIDA:
SECTION 1:
That the Mayor and City Commission hereby authorize
the Mayor and City Clerk to execute all documents
necessary to convey the Property above-described to
701 Holding Corp" conditioned upon the following.
SECTION 2:
That consideration to the City for the conveyance
shall be as follows:
a) The appraised value shall be calculated into
the valuation of all parcels subject to the
negotiations between the City, the Redevelopment
Agency and the
Portofino Development
Group
regarding the South pointe Redevelopment Area.
or
b)
In the event the above described negotiations
do not result in any agreement between the City,
the Redevelopment Agency and the
Portofino
Development Group, the City shall receive the
higher of $250,000 or the amount of a second City
appraisal of the Property, by an independent M.A.I.
appraiser.
SECTION 3:
That the conveyance by the City to 701 Holding
Corp.
shall
be
by
quit-claim
deeds,
in
substantially the form of composite Exhibit "A",
that 701 Holding Corp. shall accept the property in
an "as is" condition, and that the City shall be
released, indemnified and held harmless from any
matters, including environmental concerns, which
arise from the conveyance, all in form and content
acceptable to the City.
SECTION 4:
That the Mayor and City Commission finds that the
public interest would be served by waiving the
condition of having an advertised public bidding
process in regard to this conveyance.
day of
April
PASSED and ADOPTED this 13th
1994,
MAYOR
ATTEST:
CITY CLERK
FORM APPROVED
LEGAL DEPT.
--:r- c,;:>
By
Date "'-13-"\~
C:\WP51\JD\CONVEY,RES
.
aut.......... -9 ......
ftIS Ql1IT-cLIII. _ ....01. thie , 1994 by
("Grantor"), wno.. addr... 1.
and whos" Taxpayer
Iden't.1.1:l.cat1.0n No. 1. 'too CITY or luMl BEACH, FLORIDA,
& municipal corporation (~Grant..-), wnoee ad4re.. ia 1700 Convention Center
Drive, Miami Beach. Ylorida 33139 Attn. City Attorney.
OaA8!OR, for and in consideration of TKft DOLLARS ($10.00) and other good
and valuable consideration paid. to Crantor by Grant..., the receipt and
8ufficiency of which are hereby acknowledgad., gr&ftta, r.rd..., releae.e ana qqit-
clatm. to Grantee, its Bucca.aora and assigns for...r, all the right, title and
intereet of Grantor in .ncS to t.he following described land in Dade County,
Florida;
All of Lot. 30 and 31, 1.... a certain portion of Lot 30
(a. d...cribe4 bel_) , in Bloclc 51, of ClCIIM BBACH
I\DDITIOll NO.3, according to th.. Plat thereof, as
recorded in Plat Book 2, at Page 81, of th.. Public
Record. of Dade County, Florida. The portion of Lot 30
which ia excluded from this lnetrutDAnt ia mGre
particularly de.cribed as follows.
This instrument is mad.. and deli...red without any repre.entation. or
warrant i.. by the c:.rantor whataoever, expre.. or implied, and. i. accepted by thA
Grantee, itA successors and as.igne, 1n -a. 1.- condition ineludinq ".. i."
environmental condition.
IX "I~.. ~p Grantor ba. caused this in8tr~nt to be duly executed
in it. n..... an<l ita eorporat:. .eal to be affixed. by it. <Iuly authori&ed
officers the day and ye.r w~itt.n above.
Witn88.e8t
(prlnt n....)
ay.
(BBAL)
(prJ.n~ name>
SDD 0.. PLOUDll. )
~w..ot. or DaDa
Th.. foregoing inatrwnent waa acltnowledged before me this _ <lay of
, 1994, by , a.
of , a
I".l.Or.l.Cla corporat.ion, on Dehalf Ot 'tone eorpoorat.1.on... who 1.8 ( ) per80na~.Ly known
to me or ( > h.. produced a. identification and ( ) did ( )
did not take an o.~h~
) ...
(Signature of Rotary Public)
(Typed n..... of Notary Publie)
Notary Publie, Stat. of Flori<la
CClali..ion 1'0.
My cOll:llLi..ion expire.:
COMPOSITE EXHIBIT "A"
CJDI~c.a.IM nwwn
D:I. QlJI~-c:Ul.I. _ lIade thi. , 1994 by CITY or
MIAMI BEACH,. rLOIlIDA, a IIlUnieipal corporat1.on (..grantor" J, wno.. .dclr... i. 1700
eon~ntion canter Drive, Miami aeach, Florida 33139 Attn: City Attorney, to
(-C.rant_-) , wbo.. addr... i.
and who.. Taxpay.r
~a.nt~r~c.~~on fto. ..
~, for and in con.ideration of TEN DOLLARS ($10.00) and other good
and valu:abltt eonaider..tian paid to GraZl:tor by Grante., the recei.pt and
sufficiency of which are hereby ac:knOll'lGdged, grants, rGlftisee, releasee and qui~-
claims to Crantee, it. .~ece.8or. and a..igna forever, all the ri9h~, title and
interest of Grantor in and to the following de.cribed land in Dade county,
I'lorida.
Lot 29 and a eert-ain port-ion of Lot 30 (a. de.cribecl
below), in Block 51, of 0CIllIf IIDCII llDDITIOM RO. 3,
according to the Plat thereof, .. r.corded in Plat Book
2, at Pa9. 81, of the l'lobUc M<!ord. of Dad. Co..ntr'
I'lorida, .aid port-ion of Lot. 30 being IOOre partic..lar y
described .a ~ollow.:
Thi. inatrumant ahall not operate to convey the City'. intere8t in any
public walk or .ide walk currently in eai.tone. or terminate the right. of the
public to \t.. any public walk or aide walk currently in ex~at.ne..
Thie inatr\UMnt i. _de and d.1iYerec:\ ..ithout any r.pr...ntation. or
warranties by ~he Orantar vhat808ver, .~r.a. or implied, and i. accepted by the
~rante., it. .\tcee..ore and ...igne, 1n -a. i.- condition inelu4in9 -.e i.-
environmental c:ondi~ion.
III n_.. _I' l;rantor h.. ca..a.d th1e inet~t to be d..ly ."ecut.d
in it. name, and it. c:orporat:e eeal 'to be affixed, by ita duly a\1thorized.
officer. the day and year written above.
IIitn.8..8.
CITY OF JUAAI BEAClI, FLOllIDA
(pr1.nt n....)
By.
(8BAL)
ftayor
(print n_)
Att.at:
C1.1:.y C.LerK
lIDS OF PLOJUOA
COlIII'lT 01' _
)
)
) ...
The foregoing inett10llent .... acknowledg84 before me thie day of
, 1994, by and -,
all Aa.,-or ana city Clerlif, Z'..pecc,J.ve.Ll", or C.1'L't' or "IAIU BEACH, FLOIUDA, a
minic~pal corpora~ion,. on behalf of the corpooration,. who i. ( ) personally
known to me or ( ) h.. produeed a. identification and. ( ) did
( ) did not take an oath.
(8i9ft4ture of Notary Public)
(Typed n_ of Rotary PubUc)
Rotary Public, State of Plorida
O:lIIIoIileiOI\ No.
IIy e....i..ion expir..:
GUI'l-cLIUJI I).....
mI. QOI'l-c:tADC _ made tbis , 1994 by CITY OF
MIMI BBACH, FLORIDA, . IllUn1clpal corporal:1.on (.....ratl~or-), wno.. addr... i. 1700
COnv.ntion Center Drive, Miami ".eli, Plori4. 33139 At:t:.ft: City Attorney, 'to
("Grant..") , wbo.. ac1dr... 1.
and who.. Taxpayer
LQen~).r).cae).on fiO. 18
~, for and in consideration of TEN DO~ ($10.00) and otber good
and valuable eoneideratlon paid to Crantor by Crantee, the receipt and
sufficiency of which are hereby acknowledged, gr:ut., r8lD.l..., rele..... and qtJit-
claims to Crantee, ita 8ucceAaorA and a..igns forever, all ~h. right, ti~l. and
interest of Grantor in and to the following described la.nd in Dade County,
Florida,
The reveraionary inter..t of a c8%ta.i...a public walk., ten
f_t in vidtb, toucbiD9 and lYiD9 iDMaiat.ly SOUtb of
Lots 21, 22, 23, 24, and tbe W.st 1/2 of Lot 25, in
BLock 51 of 0ClU\Il UAalADDITIOll 110. 3, accordiD9 to tbe
Plat. t:hereof, a. recorded in Plat. Book 2, at Page 81, of
the Public Record. of Dade COunty,. Florida,. .. aaid
publl.c valk vas res.rved wit:bin tbe aforementioned plat
recorded in Plat Book 2, at Page 81, eaid public valk
bavinq been vacated and di.eontin~ed .8 a public walk
pur.~ant to Cit.y of Miami Beach R..ol~tion Ro. 199
adopted. January 2,. 1924, a copy of which waG recorded
November 9, 19a8 in Official Records Book 13887 at Page
1812 of t.he Public: Recorda of Dad. county, Florida..
AS a condition to tbe "".....Uon and delivery of tbie inat.,...,n~, tbe
Crant_ haa represented and warranted. to the Crantor t.hat as of the d.at.. of t:.hi.
instrument tbe Grantee 18 tbe sole own.r of Lots 21, 22, 23, 24, and the Weat 1/2
of Lot 25, in Block 51 of OClll\ll nACB ADDITIOII 110. 3, according to tbe Plat
therltOf, u recorded in Plat Book 2, at Page Bl, of t;be PlIblic Recor4a of Dade
COunty, Florida, toucbing tbe aforementioned public valk re..rved in tbe plat.
'I'hi. instrumont Ghall not ~rat. to conv.y the City'. interest in any
public walk or aide valk ....rr.ntly in exietence or terminate the rigbts of tbe
public to us. any public walk or side walk currently in existence.
Thia inat.rument i. mad. and delivered wit.hout any repre.entations or
warranties by tbe Grantor vbatsoe.er, e"Pre.. or illlplied, an4 is accepted by tbe
Grante., its successor. and ...iqn.,. in -a. i..- condition including -as i.-
environmental condition.
ZR WZ'DI1I.. _,. Grantor bas caused tbis 1natrument too be duly executed
in ita name, and ih corporate se&1 to be affixed, by its duly autborized
officers the day and year written above.
"itn.....:
CITY OF KIAKl: BEACH, FLORIDA
(pr.1nt;. n....)
By,
(SBAL)
Kayor
(prine n_)
Atte.t;:
C.11;.Y c~.rk
._ 0,. n.oaIIlII
)
)
) ...
CO'lb.;a;:.& OF DADa:
'1'lIe for'"9oing inat;r.uoent vas acknowledged before ... tilt. _ day of
, 1994, by and
ilS ftllyor and city ClerJt, reapec:t1.veJ.Y, or CITY 0.. IUAl'lI ISEACH, TLORIDA, i.
minlcipal corpora~ion, on bQha~f of tfi. eorpooration, who is ( ) personally
known to lite or ( ) has proc1uf:ecl .. ident.ification and ( ) did
( ) did not take .n oatn.
(Signature of Notary Public)
(Typed n... of Notary Public)
lIotary Public, .tate of Florida
CoaIot.aion Ro.
My commiasion expire.:
QUJ~_l"'I'''I11 .......
TIll. QV1Z-cLaIII Dml:D _de thia , 1994 by CITY OP
MIAHI BEACH, PLORIDA, a lIlUnicipal corporation ("wrant:or"), _ose address is 1700
Convention center Drive, Miami Beacb, Florida 33139 Attn, City Attorney, to
("Grantee" ), whose address is
and wbose Taxpayer
ldent~t~e.c~on fto. 18
0."- ....., for and in consideration of DN DOLLl\JlS ($10.00) and other good
and valual:tle consideration paid to Orantor by Orantee, tbe receipt and
sufficiency of which are hereby acknowledged, grants, rBftliees, releaeee and quit-
claims to Grantee, ite eucceeeore and aaaigna forever, all tbe rigbt, title and
intereet of Grantor in and to the following descrl.bed land in Dade County,
Florida;
The re"ersionary intereet of a certain public walk, ten
feet. in wieSth, touching and lying 1.mIDeaiately South of
Lots 19, 20, and the Sast 1/2 of Lot 25, and a~l of Lots
26, 27 and 2S, in Block 51 of OCEAN BEACH ADDITION NO.
3, according to the Plat thereof, ae recorded in Plat
Book 2, at Page 81, of the Public Records of Dade
COUnty, Florida, aa said pvblic walk waa reserved witbin
the aforementioned plat recorded in Plat Book 2, at Page
Sl, aaid public walk having been vacated and
discontinued as a public walJc. pursuant to City of Killllli
Beacb Resolution No. 199 adopted January 2, 1924, a copy
of which waa recorded Nov8lllher 9, 1988 in Official
Records Book 13887 at Page 1812 of tbe Public Records of
Dade County, Florida.
Ae . coneSition t.o the execution and delivery of t.his instrwnent, the
Grantee has represented and warranted to the Grantor that as of the date of thie
instrument the Grantee is tbe sole owner of Lots 19, 20, and tbe Eaet 1/2 of Lot
25, and all of Lots 26, 27 and 28, in Block 51 of OCEAN BEACH ADDITION NO.3,
according to the Plat thereof, as recorded in Plat. Book 2, at Page 81, of the
Public Recorde of Dade County, Florida, touching tbe aforementioned public walk
reserved in the plat.
This instrument shall not operate to convey the City'e intereet in any
pqblic walk or side walk currently in e%istence Or terminate the rights of tbe
public to uee any pvblic walk Or eide walk currently in exietence.
Thie instrument ie made and. delivered witbout any representations or
warrantie. by the Grantor whateoever, express or implied, and ie accepted by the
Grant.ee, its BUcceS.Ore and assigna, in -ae ie" condition including "ae i.-
environmental condition.
Dr WZ~ lfJIBItBOF Grantor hae caused thie inlltrument to be duly executed
in its nalllE!, and its corporate eeal to be affued, by ite duly authorized
officers the day and year written above.
Witneseee,
CITY ar KIAXI BEACH, FLORIDA
(print: name)
By:
(SEAL)
Mayor
(pr1.nt n.....)
Attest'
CJ.cy CJ..er.k
.~ OF FLORIDA
}
)
) sa.
~.;A;& OP DADB
The foregoing inst=-nt wae acknowledged before IIIB this _ day of
, 1994, by. and ,
ae Ka10r and City Clerlt, respective.ly, ot CITY OF IllA1l1 BSACH, FJ..ORIPA, a
minic~pal corporation, on behalf of the corpooration, who ie ( ) personally
known to me or ( ) has produced as identification and ( ) did
) did not take an oath.
(Signature of Notary Public)
(Typed n__ of Notary Public)
Notary Public, State of Florida
COlIIlliellion No.
My commis.ion expirea,
CITY OF
MIAIV;I BEACH
.
CITY HALL 1700 CONVENTION CENTER DRIVE: MIAMi'BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER
TELEPHONE: (3051 173.7010
FAX: (305) 173.7712
COMMISSION MEMORANDUM NO. d1.~-q~
Roger M. Carll
City Manager
DATE: April 13, 1994
)
4R>.
TO:
Mayor Seymour Gelber and
Members of the City Commission
FROM:
. /,
Laurence Feingold \ h// _.. . _ "
City Attorney .~~
SUBJECT:
PORTOPINO/MARlNA NEGOTIATIONS
ADMINISTRATION RECOMMENDATION:
It is recommended that the City Commission accept this report and
direct the Administration and the City Attorney to continue
negotiations with the Portofino Group, the Marina Lease Holders and
others as necessary to complete these arrangements. Additionally,
the City Commission is requested to approve the attached resolutions
regarding the conveyance of specific city property to the 701 Holding
Corp., an entity affiliated with the Portofino Development Group and
authorizing the law offices of Greenberg, Traurig to represent
Portofino Development Group and authorizing the law offices of Eckert
Seamans to represent the Tallahassee Building Corporation.
BACKGROUND,
As the Mayor and City Commission are aware, our offices have been in
negotiations with both the marina lessee, the Tallahassee Building
Corporation, and representatives of the Portofino Development Group,
in regard to the development of the marina site, the marina uplands,
and the area south of First Street in the South pointe Redevelopment
Area.
Some weeks ago, a draft of an amendment to the marina lease was
distributed, which called for the dry stack facility to be eliminated
from the development of the marina. This situation still exists, and
negotiations with the Tallahassee Building Corporation are continuing,
in regard to city parking obligations on the marina site. The
progress of these negotiations has been very productive concerning
long-range City objectives. As to the negotiations with the Portofino
Development Group', these negotiations too have been productive in
regard to many City objectives and a detailed draft of specific
proposals will hopefully be ready for distribution within the next two
weeks.
On the Commission Agenda are several Resolutions for Commission action
as well as a general presentation of the status of the potential
agreement with the Portofino Development Group. As the City
Commission has always expressed interest and concern regarding the
eventual development plan for the area to be controlled by the
Portofino Development Group, their representatives, along with City
consultant Elizabeth Plater-Zyberk, have been asked to give an
overview of the proposed development and the development guidelines.
Because the Administration and City Attorney concur that the design
guidelines more appropriately belong in the zoning code, a
presentation and discussion is in order before they become codified. 6
AG,~~~~R -3 - ~
DATE~
-1-
ANALYSIS:
The resolutions are for specific actions as described below:
(1)
Resolution authorizing conveyance of lots 29 and 30 of Block 51
together with a ten-foot public walkway to the south as
described in Ordinance No. 199 dated January 2, 1924, to 701
Holding Corp., an affiliate of the Portofino Development Group,
and waiving an advertised public bid process for the conveyance.
This issue was previously presented to the City Commission
enabling this project to be on the Design Review Board agenda
for April 12, 1994. These plans incorporated use of City of
Miami Beach owned property (lots 29 and 30, Block 51). As an
option, the building could have been located to the west of this
block; however, we believe in terms of good urban planning,
utilization of lots 29 and 30, which are currently City-owned,
is the better alternative.
In exchange for this property, the Portofino Development
will pay the City fair market value for these parcels
alternate form of consideration which is currently
negotiation.
The necessity to convey a ten-foot public walkway was identified
after an earlier presentation to the City Commission. The above
referenced 1924 Ordinance authorized "the Mayor and City
Clerk...to quit claim to the several lot owners in said Block
51, whose property abuts upon said public walkway.. .provided
such property owners shall have first paid to the City all costs
of the construction of a sidewalk abutting their respective
properties." A search of public records has not located this
quit claim deed and therefore we have included this conveyance
as part of the resolution.
Group
or an
under
(2) Resolution authorizing Greenberg, Traurig, Hoffman, Lipoff,
Rosen & Quentel, P.A. (Greenberg, Traurig), to represent
PortofinoDevelopment Group.
As previously disclosed to you, the law offices of Greenberg,
Traurig currently represent the Portofino Development Group in
negotiations with the City of Miami Beach and the City of Miami
Beach Redevelopment Agency regarding property in the South
Pointe Redevelopment Area. Additionally, this firm represents
the City of Miami Beach as bond counsel and it should be noted
that a member of this firm previously served as City Attorney.
Greenberg, Traurig has requested that this conflict be waived in
order to allow them to continue to serve in both of these
capacities. By granting this waiver, Greenberg, Traurig is
allowed to engage in negotiations, but in no event shall the law
offices enter into litigation against the City of Miami Beach or
the Miami Beach Redevelopment Agency in connection with this
matter.
(3) Resolution authorizing Eckert Seamans Cherin & Mellott (Eckert
Seamans) to represent the Tallahassee Building Corp.
The law offices of Eckert Seamans wishes to represent the
Tallahassee Building Corp. in negotiations with the City of
Miami Beach and the Miami Beach Redevelopment Agency regarding
property in the South pointe Redevelopment Area. The
Tallahassee Building Corp. had previously been represented by
Fine, Jacobson, Schwartz, Nash & Block (Fine Jacobson) .
The real estate and planning division of Fine Jacobson has
recently joined the firm of Eckert Seamans. The law offices of
Eckert Seamans currently represents the City of Miami Beach as
special counsel. . Eckert Seamans has requested that this
conflict be waived in order to allow them to continue to serve
in both of these capacities. By granting this waiver, Eckert
7
-2-
r
Seamans is allowed to engage in negotiations, but in no event
shall the law offices enter into litigation against the City of
Miami Beach or the Miami Beach Redeveloment Agency in connection
with this matter.
CONCLUSION:
The presentation and preliminary actions taken today set the stage for
the major steps that will need'to be taken in future meetings. This
process will not only provide benefits to the developers, but to the
City as well. We anticipate providing an agreement to you within the
next several weeks that will fully detail the land exchange that may
result in the City reclaiming seven acres of bay front at the north
end of the Miami Beach Marina for public use as well as other
favorable considerations to the City.
RMC: jph
Attachments
8
-3-