2008-26876 ResoRESOLUTION NO. 2008-26876
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, RATIFYING THE PREDEVELOPMENT
AGREEMENT, DATED AUGUST 18, 2008, BETWEEN
THE CITY OF MIAMI BEACH AND SRC PROPERTIES
REGARDING THE SHARING OF APPROVED
PREDEVELOPMENT COSTS RELATED TO THE
DEVELOPMENT OF A PUBLIC PARKING GARAGE ON
PURDY AVENUE; FURTHER APPROPRIATING FUNDS
IN THE AMOUNT OF $108,000 FROM PARKING
OPERATIONS FUND 480.
WHEREAS, the City was approached by representatives of The Scott Robins
Companies (SRC) with a proposal for a joint public-private project to locate a public
parking garage with ground floor retail in the area of Maurice Gibb Park and Sunset
Harbor (the Project); and
WHEREAS, pursuant to the proposed project, SRC would acquire the land and
retain ownership of the ground floor retail, with the City acquiring the air rights above the
land from SRC (as well as certain covenants and easements negotiated between the
City and SRC) for development and construction of the public parking garage portion of
the Project; and
WHEREAS, at the June 18, 2008 meeting of the Finance and Citywide Projects
Committee, the Committee discussed the proposed Project; and
WHEREAS, a motion was approved to have SRC negotiate a desigri-build
contract with Kevin Montez from ACIES Construction, LLC, or another garage
contractor, that would be assigned to the City at the time of the City's closing on the
purchase of the air rights subject to a total Project cost which would be consistent with
the Project cost presented by Mr. Robins to the Committee.
WHEREAS, In order to determine the feasibility of the City's purchase of the air
rights, and the construction of the Project, the City requested that prior to same, SRC
proceed to obtain approvals of the Project from the Planning Board and the Design
Review Board; and
WHEREAS, accordingly, the City and SRC negotiated the Predevelopment
Agreement, attached as Exhibit `A' hereto; and
WHEREAS, the Predevelopment Agreement provides that SRC shall perform
certain predevelopment work including, without limitation, architectural and landscape
plans, traffic studies, renderings, survey preparation, environmental reports, and various
fees; and
WHEREAS, the Predevelopment Agreement provides that the City and SRC
share Predevelopment Costs, in an amount up to $166,150; and
WHEREAS, SRC and the City agree to share Approved Predevelopment Costs,
with SRC shall be responsible for 35% of Approved Predevelopment Costs, and the City
responsible for 65% of Approved Predevelopment Costs; and
WHEREAS, funding for costs associated with the Predevelopment Agreement, in
the amount of $108,000, needs to be appropriated from Parking Operations Fund 480,
and the balance of funding for the Project will be appropriated as part of the FY 2008/09
Capital Budget (to be funded from future parking revenue bonds); and
WHEREAS, the Predevelopment Agreement was executed by the City Manager
on August 18, 2008, and must now be ratified by the Mayor and City Commission; and
WHEREAS, ratification of the Predevelopment Agreement does not obligate the
City to approve the purchase of the air rights above the land or to develop the proposed
Project.
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 ratify the Predevelopment Agreement, dated August 18, 2008,
between the City and SRC Properties regarding the sharing of Approved
Predevelopment Costs related to the development of a public parking garage, with
ground floor retail, on Purdy Avenue, and further appropriate $108,000 from Parking
Fund 480.
PASSED and ADOPTED this 10th day of September , 2008.
ATTEST:
Gt~t L~
Robert Parcher, CITY CLERK
JMG\TH\KC
i Herrer owe ,MAYOR
T:WGENDA\2008\September 10\Regular\Sunset Harbor Reso.doc
APPROVED AS TO
FORM & LANGUAGE
lfc FOR~EXECUTION
1 5 (o~
. Date
COMMISSION ITEM SUMMARY
V VIIMi-iI IvvM
A Resolution ratifying the Predevelopment Agreement for the Sharing of Costs Related to the
Development of a Parking Garage on Purdy Avenue, and appropriating $108,000 for said costs.
f~.v r. rlnn~+nrl Ti41n•
Key Intended Outcome Supported• -
Improve Parking Availability.
Supporting Data (Surveys, Environmental Scan, etc.): 74% of residents and 72% of businesses
ate the availability of parking across the City as too little or much too little. Availability of parking was
ne of the changes residents identified to Make Miami Beach better to live, work or play.
IVVMV•
Shall the Mayor and City Commission approve the Predevelopment Agreement, authorizing the sharing of
costs related to work that must be performed prior the the completion of a Purchase and Sale Agreement
for the project
I~c11n•
Item Summary/Recommenaation:
The City was approached by representatives of The Scott Robins Companies ("SRC") with a proposal for a
joint development agreement to locate a parking garage in the area of Maurice Gibb Park and Sunset
Harbor. The concept for this proposed project was referred by the City Commission on January 16, 2008
to the Finance and Citywide Projects Committee for further discussion.
In order to determine the feasibility of the purchase of the air rights and the construction of a parking
garage, the City requested that SRC obtain approvals of the project from the Planning Board and the
Design Review Board. In order to obtain the board approvals, certain predevelopment work must be
performed, and the City agreed to share the cost of such predevelopment work, notwithstanding that the
parties have not yet entered into a formal agreement with respect to the project.
SRC and the City agree to share Approved Predevelopment Costs. SRC shall be responsible for 35% of
Approved Predevelopment Costs and the City shall be responsible for 65% of Approved Predevelopment
Costs. Predevelopment costs are estimated to be $166,150 and include Architectural and Landscape
Plans, Traffic Study, Renderings, Survey Preparation, Environmental Reports, and Fees.
Advisory Board Recommendation:
Finance and Citywide Projects Committee, June 18, 2008 -Scott Robins from Scott Robins Companies
(SRC) will negotiate adesign-build contract with Kevin Montez from ACIES Construction, LLC, or other
garage contractor, that can be assigned to the City at the time of closing, resulting in a total project cost,
that would be consistent with the project costs presented by Mr. Robins to the Committee.
Financial Infnrmafinn~
Source of A Amount Account
Funds: ~ $108,000 To be appropriated from Parking Operation Fund 480.
2
3
PI Total
Financial Impact Summary:
Cit Clerk's Office Le islative Trackin
Kevin Crowder, Economic Development
S i n n.nffc
D partment Director Assist t City Manager City Manager
K TH JMG
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m MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: September 10, 2008
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, RATIFYING THE PREDEVELOPMENT AGREEMENT
DATED AUGUST 18, 2008 BETWEEN THE CITY OF MIAMI BEACH AND SRC
PROPERTIES REGARDING THE SHARING OF APPROVED
PREDEVELOPMENT COSTS RELATED TO THE DEVELOPMENT OF A
PARKING GARAGE ON PURDY AVENUE; FURTHER, APPROPRIATING
$108,000 FROM PARKING FUND 480.
Administration Recommendation
Adopt the Resolution .
Fundins;r
Funding for this project will be appropriated from Parking Operations Fund 480 as part of
this Resolution
Analysis
The City was approached by representatives of The Scott Robins Companies ("SRC")with a
proposal for a joint development agreement to locate a parking garage in the area of
Maurice Gibb Park and Sunset Harbor. The concept for this proposed project was referred
by the City Commission on January 16, 2008 to the Finance and Citywide Projects
Committee for further discussion.
At the June 18, 2008 meeting of the Finance and Citywide Projects Committee, the
Committee discussed the proposed project to provide retail and parking in the Sunset
Harbor Neighborhood. The Committee discussed the project, and approved the following
motion:
Motion made by Commissioner Weithorn and seconded by Commissioner
Steinberg to have Scott Robins from Scott Robins Companies (SRC),
negotiate a design-build contract with Kevin Montez from ACIES
Construction, LLC, or other garage contractor, that can be assigned to the
City at the time of closing, resulting in a total project cost, that would be
consistent with the project costs presented by Mr. Robins to the Committee.
In order to determine the feasibility of the purchase of the air rights and the construction of a
parking garage, the City requested that SRC obtain approvals of the project from the
Planning Board and the Design Review Board. In order to obtain the board approvals,
certain predevelopment work must be performed, and the City agreed to share the cost of
Commission Memorandum, September 70, 2008
Sunset Harbor Garage Predevelopment Agreement
Page 2 of 3
such predevelopment work, notwithstanding that the parties have not yet entered into a
formal agreement with respect to the project. The sharing of said costs is described in the
attached Predevelopment Agreement, a summary of which is provided below:
Predevelopment Work
• SRC shall perform the Predevelopment Work consisting of the following:
• Obtain sufficient architectural and engineering plans for the Board Approvals;
• Obtain a traffic study;
• Obtain a concurrency report;
• Use reasonable commercial efforts to obtain a proposed design/build contractfrom a
contractor reasonably acceptable to the City for execution by the City providing for
completion of the Project (exclusive of the build out of the first floor retail space) at a
cost of approximately $15,805 (low) to $20,377 (high) per parking space in
accordance with SRC's prior submission to the City without consideration of any
changes that may be necessitated in such contract by reason of the Board
Approvals;
• Obtain such other materials as may be required by the Planning Board and/or the
Design Review Board to obtain the Board Approvals, including the items described in
Schedule A; and
• Obtain approval from any other City Boards whose approval maybe required for the
initial design and site plan of the Project.
Predevelopment Costs:
ITEM MAXIMUM COST
1. Architectural and Landscape Plans $95,000
2. Traffic Study $22,100
3. Renderings $6,000
4. Survey Preparation $1,050
5. Environmental Reports $2,000
6. Application, Filing Fees and $20,000
Miscellaneous fees
7. Attorneys and Miscellaneous 20 000
Consultants Fees
Commission Memorandum, September 10, 2008
Sunset Harbor Garage Predevelopment Agreement
Page 3 of 3
Predevelopment Cost Payments
• SRC and the City agree to share Approved Predevelopment Costs. SRC shall be
responsible for 35% of Approved Predevelopment Costs and the City shall be
responsible for 65% of Approved Predevelopment Costs. Approved
Predevelopment Costs shall mean those Predevelopment Costs up to the amounts
described in Schedule A. The city's proposed share is approximately $108,000.
• The limits on Approved Predevelopment Costs and any additional Predevelopment
Costs shall be subject to change from time to time upon written approval between
the City and SRC.
Both the City and SRC agree to pay their respective share of Approved
Predevelopment Costs within 30 days of receipt of an invoice for an item of such
Approved Predevelopment Costs together with such additional information with
respect to such invoice as may be reasonably requested by any of the Parties. The
Parties agree that either Party may, by agreement between the Parties, be the
disbursing agent for any such invoice and, in such event, the allocable share of each
Party for such invoice shall be paid to the disbursing agent. Upon payment of any
invoice, the disbursing agent shall obtain evidence of payment and distribute such
evidence to the nondisbursing Party.
Predevelopment Costs shall not include any costs incident to developing retail
facilities on the first floor of the Project Properties. As part of the Agreement, the
parties acknowledged that pursuant to prior authorization of the City Commission
with regard to the Project, the City has (as of the effective date of this Agreement)
authorized $50,000 toward the Predevelopment Costs. Accordingly, the full amount
of the City's share of Predevelopment Costs shall be subject to appropriation by the
City Commission. The City shall have no obligation to reimburse any
Predevelopment Costs beyond $50,000 until such time as the balance of said Costs
is approved by the City Commission. In the event that the City Commission does not
approve the appropriation of the balance of the Predevelopment Costs by October 1,
2008, then this Agreement may be terminated by either party, upon three (3) days
written notice to the other. In the event of a termination pursuant to this Section 13,
the City shall compensate SRC for the City's portion of the Predevelopment Costs
incurred up to the date of termination (up to a maximum of $50,000), and thereafter
the Parties shall have no further liability to each other with regard to this Agreement:
Conclusion
The Administration recommends that the Mayor and City Commission approve the
Resolution ratifying the Predevelopment Agreement and appropriating $108,000 from
Parking Fund 480.
JMG/TH/kc
Attachment
T:WGENDA\2008\September 10\Regular\Sunset Harbor.doc