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2014-28546 Reso RESOLUTION NO. 2014-28546 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A RESTRICTIVE COVENANT IN LIEU OF UNITY OF TITLE FOR THIRTY-FIVE (35) PARKING SPACES TO BE PROVIDED IN THE SUNSET HARBOR GARAGE LOCATED AT 1900 BAY ROAD, FOR THE PROPERTY MANAGEMENT FACILITY TO BE CONSTRUCTED AT 1833 BAY ROAD. WHEREAS, the relocation of the Property Management Facility to a site outside of Flamingo Park has been a longstanding goal for both the Flamingo neighborhood residents and the City; and WHEREAS, on December 10, 2008, the Mayor and City Commission adopted Resolution No. 2008-26969 whereby the City entered into an agreement to purchase air rights and certain portions of land for the development of the Sunset Harbor Garage at 1900 Bay Road; and WHEREAS, the transaction accomplished several objectives, one of which was facilitating the relocation of the Property Management Division from Flamingo Park to the City-owned property located across the street at 1833 Bay Road, by providing the required parking for the Property Management Facility at the new garage; and WHEREAS, the Resolution also directed the Administration to begin the relocation of the Property Management Facility from Flamingo Park to 1833 Bay Road; and WHEREAS, pursuant to the parking requirements as set forth in Chapter 130, Article II, of the City's Land Development Regulations (LDRs), the project requires the provision of thirty-five (35) parking spaces; and this requirement will be satisfied pursuant to a Covenant in Lieu of Unity of Title for thirty-five (35) parking spaces to be provided in the Sunset Harbor Garage. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby authorize the Mayor and City Clerk to execute a restrictive Covenant in Lieu of Unity of Title for thirty-five (35) parking spaces to be provided in the Sunset Harbor garage located at 1900 Bay Rd, for the Property Management Facility to be constructed at 1833 Bay Rd. PASSED AND ADOPTED THIS a3 DAY OF �90'1_2 ATTEST: ��\ � . -1 C) Rafael Gr ado, City Jerk Philip Le ne APPROVED AS TO r INCORP ORATED JJORM & LAN E OR EXE TLON 2( ; ty A 'rney % D to T:\AGENDA\2014\April\Property Management Facility-Pirtle GMP Amendment No 1\Property Management Facility Pirtle GMP Amendment 1 -RESO.doc This instrument was prepared by: Name: Gary M. Meld, Esq. Address: 1700 Convention Center Drive City Attorney's Office, 4th flr Miami Beach, FL 33139 (Space reserved for Clerk) COVENANT IN LIEU OF UNITY OF TITLE FOR OFF-SITE PARKING WHEREAS, the undersigned are the respective owners of fee simple title to certain lands in Miami Beach, Florida (the "City"), legally described in Exhibits "A" (the "Principal Property"), the address of which is 1833 Bay Rd, Miami Beach, FL, 33139 and "B" (the "Parking Property"), the address of which is 1900 Bay Rd, Miami Beach, FL, 33139, attached to this Covenant in Lieu of Unity of Title, and hereinafter collectively called the "Properties"; and WHEREAS, the City of Miami Beach, a Florida Municipal Corporation ("Principal Owner"), is fee simple owner of the Principal Property. on which a new construction or renovation project has been or will be constructed; and WHEREAS, it has been determined that the Principal Property requires thirty-five (35) parking spaces to comply with the existing parking requirements of the City as set forth in Chapter 130, Article II, of the City's Land Development Regulations ("LDRs"); and WHEREAS, the City of Miami Beach ("Parking Owner") is the owner of the Parking Property, and has agreed to make available to Principal Owner, for the benefit of the Principal Property, thirty-five (35) individual parking spaces at the Parking Property so that the Principal Property will be in compliance with the LDRs; and WHEREAS, Principal Owner and/or Parking Owner may wish to convey the Properties and or portions thereof from time to time, or may wish to develop same in phases or stages, or may wish to offer units as condominiums and are therefore executing this instrument to assure the City that such development will be in compliance with the LDRs when so developed and at all times thereafter. NOW THEREFORE, in consideration of the premises, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Principal Owner and Parking Owner hereby freely, voluntarily and without duress covenant and agree as follows: 1. The agreement hereunder on the part of Principal Owner and Parking Owner (together, the "Owners"), shall constitute a covenant running with the land and will be recorded, at Owners' expense, in the public records of Miami-Dade County, Florida, and shall remain in full force and effect and be binding upon the successors and assigns of the respective parties hereto, until such time as the same is released in writing as hereinafter provided. 2. Parking Owner shall make available to Principal Owner, for the benefit of the Principal Property, thirty-five (35) individual parking spaces at the Parking Property so that the Principal Property will have sufficient parking available to be in compliance with the LDRs. 3. Any party entitled to utilize the parking spaces referred to in paragraph 2 above, by virtue of tenancy or ownership in the Principal Property, shall also be entitled to reasonable vehicular and pedestrian ingress and egress to and from such parking and the public street abutting the Parking Property. - 4. During all times that this Covenant remains in force, thirty-five (3 5) parking spaces contained and/or located upon the Parking Property shall be dedicated to and shall be utilized solely by and for the benefit of the Principal Property to satisfy the requirements of the LDRs. The Planning Director may require such parking spaces to be specifically designated by designation as "Reserved for City of Miami Beach — Property Management Division" (in the requisite amounts under applicable law), either on the wheel stop or on such other signage acceptable to the Owners and the Planning Director, or his designee. 5. As a further part of this agreement, it is hereby understood and agreed that any official inspector of the City of Miami Beach, or its agents duly authorized, may have the privilege at any reasonable time of entering and investigating the use of the Parking Property to determine whether or not the requirements of the building and zoning regulations and the conditions herein agreed to are being complied with. 6. The provisions of this instrument shall become effective upon their recordation in the public records of Miami-Dade County, Florida, and shall continue in effect for a period of thirty (30) years after the date of such recordation, after which time they shall be extended automatically for successive periods of ten (10) years each, unless released in accordance with the provisions of paragraph 7 below. 7. The provisions of this instrument may be released, amended, or modified from time to time by recorded instrument executed by the then owner or owners of both of the Properties, with joinders by any mortgagees, provided that the same is also approved by the Planning Director of the City of Miami Beach, or his or her successor, or a City board if such has jurisdiction of the matter at the time of the request, which approval shall be granted only under the following circumstances: A. Due to a change of law applicable to the Principal Property, the full number of spaces as specified in this Covenant are no longer required for compliance with the City's LDRs; or, Page 2 of 4 B. The required parking specified herein is provided elsewhere in compliance with the City's LDRs and the provisions hereof-, or C. The required parking is satisfied by participation in the City's Parking Impact Fee program, to the extent same is available. 8. Should this Covenant in Lieu of Unity of Title be so released, amended, terminated or modified in accordance with paragraph 7 hereof, the Planning Director, or his or her successor, shall forthwith execute a written instrument effectuating and acknowledging such modification, amendment or release. 9. Enforcement shall be by action against any parties or persons violating or attempting to violate any of these covenants. The prevailing party in any action or suit arising out of or pertaining to this Covenant in Lieu of Unity of Title shall be entitled to recover, in addition to costs and disbursements allowed by law, such sum as the Court may determine to be reasonable for the services of its attorney. This enforcement provision is in addition to any other remedy at law, in equity or both. 10. Invalidation of any one of these covenants, by judgment of Court, in no way shall affect any of the other provisions, which shall remain in full force and effect. 11. All rights, remedies and privileges granted herein shall be deemed to be cumulative and the exercise of any one or more shall neither be deemed to constitute an election of remedies, nor shall it preclude the party exercising the same from exercising such other additional rights, remedies or privileges. 12. If either the Principal Property or the Parking Property are converted to the condominium form of ownership, any time that this covenant in Lieu of Unity of Title is to be amended, modified, consented to, terminated, or otherwise changed in such a way that requires the written agreement of the parties hereto, the instrument of amendment, modification, termination, consent or change shall be executed by the condominium association that is formed at the time such property is converted to the condominium form of ownership alone, or its successor, if any, and such instrument shall not require the signature or joinder of any individual condominium unit owners or their mortgagees. Signed, witnessed, executed and acknowledged this 3C) day of 1PV1. ATTEST: _ ... ��� PRINCIPAL OWNER: °�:• f ° �.. 0 CITY OF MIA H z a I rk Cit Clerk ' JR1. A 1`N am Titl 2-6TvA 41- Page 3 of 4 ATTEST: PARKING OWNER: -=\ \ CITY OF MIAl 1, J V/ 4 ' City Cl rk ORAT n' STATE OF FLORIDA ) SS: COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this day of A0.9i , ,by Ph 111110 L•--e VIA , as H4( dr of the City of Miami Beach, who executed the foregoing document on beha f of the corporation, both as Principal Owner and as Parking Owner. He personally appeared before me, is personally known to me or produced as id ificatio Notary: [NOTARIAL SEAL] Print Name: :�-.�A&,0_I IS A+ e- Notary Notary Public, State of Florida My commission expires: ISABEL SATCD876384 Notary Public-Sta •; : • My Comm.Expires Commission#EBonded Through Nation APPROVED AS TO FORM & LANGUAGE & FO EXECU ION AP ROVED -I?-�`y y Wrr�ey Date P nning Di ector FAATTO\HEL&CIP\Off-site parking covenant form rev 10-17-13-Property Management Facility Project.doc Page 4 of 4 EXHIBIT 66A"—The Principal Property 1833 Bay Rd, Miami Beach, FL, 33139 LEGAL DESCRIPTION: Lots 10, 11 and 12 of Block 13 of AMMENDED PLAT OF BLOCK THIRTEEN OF THE ALTON BEACH REALTY COMPANY MIAMI BEACH, Plat Book 9, at Page 146 of the Public Records of Miami Dade County, Florida. j�, _20TH STS i - f i I r SITE C i In 18TH ST. - fie�C I EXHIBIT "B"—The Parking Property 1900 Bay Rd, Miami Beach, FL, 33139 LEGAL DESCRIPTION: All of Lots 1 and 2, Less the North four(4) feet of the East V2 of said Lot 2, Block 14-A, ISLAND VIEW ADDITION, according to the plat thereof, as recorded in Plat Book 9 at Page 144, and together with Lots 5 through 8, Block 14, THE ALTON BEACH REALTY COMPANY'S PLAT OF ISLAND VIEW SUBDIVISION, according to the plat thereof, as recorded in Plat Book 6 at Page 115,both being recorded in the Public Records of Miami-Dade County, Florida. -� CANAL CD W .I.__._20TH-- STREET [a ~ W .l 4 Al p lLJ ' t Q Q >-L F- f 40, F L _.._.i� t4 � _ Flo �� ..--..� ♦ .y.�—. ._... � �_ ._. ..... _— .. .._ .... _ ,,. ,._ ,by fell V to a I b 1 lV r+gocrs � 1 8TH._._-----STREET�_ COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Authorizing The Mayor And City Clerk To Execute A Restrictive Covenant In Lieu Of Unity Of Title For Thirty-Five (35) Parking Spaces To Be Provided In The Sunset Harbor Garage Located At 1900 Bay Road, For The Property Management Facility To Be Constructed At 1833 Bay Road. Key Intended Outcome Supported: Ensure well designed quality capital projects. Supporting Data (Surveys, Environmental Scan, etc.): The 2012 Customer Satisfaction Survey indicated that over 87% and 83% of City residents and businesses respectively, rated the appearance and maintenance of public buildings as excellent or good; and over 81% of residents rated recently completed capital improvement projects as excellent or good. Issue: Shall the Mayor and City Commission adopt the Resolution? Item Summary/Recommendation: The relocation of the Property Management Facility to a site outside of Flamingo Park neighborhood has been a longstanding goal for both the Flamingo Park neighborhood residents and the City. On December 10, 2008, the Mayor and City Commission adopted Resolution No. 2008-26969 whereby the City entered into an agreement to purchase air rights and certain portions of land for the development of the Sunset Harbor Garage at 1900 Bay Road. The transaction accomplished several objectives, one of which was facilitating the relocation of the Property Management Division from Flamingo Park to the City-owned property located across the street at 1833 Bay Road, by providing the required parking for the Property Management Facility at the new garage. The Resolution also directed the Administration to begin the relocation of the Property Management Facility from Flamingo Park to 1833 Bay Road. On May 12, 2010, the Mayor and City Commission adopted Resolution No. 2010-27383 authorizing the Administration to execute an Agreement with Wolfberg Alvarez & Partners (WAP) to provide architectural, engineering, and landscape architecture services for the Planning, Design, Bid and Award and Construction Administration services for the Property Management Facility project. Pursuant to the parking requirements as set forth in Chapter 130, Article II, of the City's Land Development Regulations (LDRs), the project requires the provision of a total of thirty-five (35) parking spaces. This requirement will be satisfied pursuant to a Covenant, in Lieu of Unity of Title, for thirty-five (35) parking spaces to be provided in the Sunset Harbor Garage. THE ADMINISTRATION RECOMMENDS APPROVAL OF THIS RESOLUTION. Advisory Board Recommendation: N/A Financial Information: Source of Amount Account Funds: 2 3 4 5 OBPI Total Financial Impact Summary: City Clerk's Office Legislative Tracking: David Martinez, P.E.ext 6972 Sign-Offs: DepartmORPI ctor Assistant City er Cit M r DM MT JLM_ TAAGENDA\2014\Apri rope y Management Facility-Covenant in i u ty qZ�tle\Property Management Facility-Ftsirictive Covenant in Lieu of Unity of Title-SUMMA Y.docx AGENDA ITEM 7 MIAMI B EA H � DATE .3 ® MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members of the City Co mission FROM: Jimmy L. Morales, City Manager DATE: April 23, 2014 SUBJECT: A RESOLUTION OF THE MAYO AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, THORIZING THE MAYOR AND CITY CLERK TO EXECUTE A RESTRICTIVE COVENANT IN LIEU OF UNITY OF TITLE FOR THIRTY-FIVE (35) PARKING SPACES TO BE PROVIDED IN THE SUNSET HARBOR GARAGE LOCATED AT 1900 BAY ROAD, FOR THE PROPERTY MANAGEMENT FACILITY TO BE CONSTRUCTED AT 1833 BAY ROAD. ADMINISTRATIVE RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOME Ensure a quality, well constructed capital project. ANALYSIS The relocation of the Property Management Facility to a site outside of Flamingo Park neighborhood has been a longstanding goal for both the Flamingo Park neighborhood residents and the City. Y On December 10, 2008, the Mayor and City Commission adopted Resolution No. 2008-26969 whereby the City entered into an agreement to purchase air rights and certain portions of land for the development of the Sunset Harbor Garage at 1900 Bay Road. The transaction accomplished several objectives, one of which was facilitating the relocation of the Property Management Division from Flamingo Park to the City-owned property located across the street at 1833 Bay Road, by providing the required parking for the Property Management Facility at the new garage. The Resolution also directed the Administration to begin the relocation of the Property Management Facility from Flamingo Park to 1833 Bay Road. On May 12, 2010, the Mayor and City Commission adopted Resolution No. 2010-27383 authorizing the Administration to execute an Agreement with Wolfberg Alvarez & Partners (WAP) to provide architectural, engineering, and landscape architecture services for the Planning, Design, Bid and Award and Construction Administration services for the Property Management Facility project. Pursuant to the parking requirements as set forth in Chapter 130, Article II, of the City's Land Development Regulations (LDRs), the project requires the provision of a total of thirty-five (35) parking spaces. This requirement will be satisfied pursuant to a Covenant, in Lieu of Unity of Title, for thirty-five (35) parking spaces to be provided in the Sunset Harbor Garage. Commission Memorandum-Property Management Facility-Restrictive Covenant in lieu of Unity of Title April 23, 2014 Page 2 of 2 CONCLUSION The Administration recommends approval of the attached Resolution, authorizing the Mayor and City Clerk to execute a Restrictive Covenant, in Lieu of Unity of Title, for a total of thirty-five (35) parking spaces in the Sunset Harbor Garage located at 1900 Bay Road, for the Property Management Facility to be constructed at 1833 Bay Road. JLM\MT\DM Attachments: A. Restrictive Covenant in Lieu of Unit of Title