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2014-28754 Reso RESOLUTION NO. 2014-28754 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, APPROVING, ON SECOND AND FINAL READING OF THIS RESOLUTION AND FOLLOWING A DULY NOTICED PUBLIC HEARING, THE VACATION AND ABANDONMENT OF THAT PORTION OF 87TH TERRACE EAST OF COLLINS AVENUE, CONSISTING OF A 50 FOOT RIGHT-OF-WAY (ROW) CONTAINING APPROXIMATELY 18,042 SQUARE FEET IN TOTAL LOT AREA, AS SHOWN ON THE PLAT OF ALTOS DEL MAR SUBDIVISION NO. 21 RECORDED IN PLAT BOOK 4, PAGE 162 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, IN FAVOR OF 8701 COLLINS DEVELOPMENT, LLC (THE "APPLICANT"); WITH SUCH VACATION SUBJECT TO AND CONTINGENT UPON THE CITY'S APPROVAL, AND THE CITY AND APPLICANT'S EXECUTION, OF A DEVELOPMENT AGREEMENT WHICH, AMONG OTHER TERMS AND CONDITIONS (1) GRANTS TO THE CITY A PERPETUAL PEDESTRIAN ACCESS EASEMENT ACROSS A PORTION OF THE VACATED CITY ROW, AND (2) ENSURES APPLICANT'S PAYMENT OF A VOLUNTARY MONETARY CONTRIBUTION, IN THE AMOUNT OF $10.5 MILLION DOLLARS, TO BE USED BY THE CITY FOR PUBLIC PURPOSES; AND WITH SUCH VACATION FURTHER SUBJECT TO AND CONTINGENT UPON APPLICANT'S SATISFACTION OF THE CONDITIONS SET FORTH IN THIS RESOLUTION. WHEREAS, the City of Miami Beach holds a right-of-way dedication to a 50 foot wide road, running from Collins Avenue, east 360 feet to Tract "A", currently known as 87th Terrace (hereinafter "City Right-of-Way"); and WHEREAS, the legal description of the City Right-of-Way is as follows: That portion of 87th Terrace (Nasturtium Street per Plat) as shown on the Plat of ALTOS DEL MAR SUBDIVISION NUMBER 2, according to the plat thereof, as recorded in Plat Book 4 at Page 162 of the Public Records of Miami-Dade County, Florida, being more particularly described as follows: Begin at the Southeast corner of said 87th Terrace, said Southeast corner also being the Southwest corner of Tract "A" as shown on said Plat Book 4 at Page 162; thence South 86°54'22" West along the South Right-of-Way line of said 87th Terrace (Nasturtium Street) for 360.48 feet to the Northwest corner of Lot 1, Block 10 of said Plat Book 4 at Page 162; thence North 04 031'52" West along the East Right-of-Way line of Collins Avenue, also known as State Road No. A-1-A and the Northerly extension of the West line of said Block 10 for 25.76 feet to a point of curvature; thence Northerly along a 328.27 foot radius curve, leading to the right, through a central angle of 04 014'00" for an arc distance of 24.25 feet; thence North 86 054'22" East along the North Right-of-Way line of said 87th Terrace (Nasturtium Street) also being the South line and Westerly extension thereof of Block 4 of SECOND AMENDED PLAT OF NORMANDY BEACH, according to the plat thereof, as recorded in Plat Book 16 at Page 44 of said Public Records of Miami-Dade County, Florida, for 360.84 feet to the Northwest corner of said Tract "A"; thence South 03 005'38" East along the West line of said Tract "A" for 50.00 feet to the Point of Beginning. The above described parcel of land lying and being in the City of Miami Beach, County of Miami-Dade, State of Florida; and WHEREAS, 8701 Collins Development, LLC (hereinafter "Applicant") owns the Dezerland Hotel, located at 8701 Collins Avenue (hereinafter the "Property"), which is located to the south of and adjacent to the City Right-of-Way; and WHEREAS, Applicant intends to redevelop the Property, together with the parking lot located on the north half of the Property and portions of the City Right-of- Way, into a hotel, condo-hotel, and/or residential condominium (hereinafter the "Project); and WHEREAS, in contemplation of this Project, the Applicant will be seeking to enter into a Florida Statute Chapter 163 development agreement ("Development Agreement") with the City. to memorialize the terms and conditions of the Project, including the vacation of the City Right-of-Way, and any other conditions imposed by the City Commission; and WHEREAS, as a preliminary step in effectuating the Development Agreement, Applicant has requested that the City approve the vacation of the City Right-of-Way and has submitted its vacation application to the City's Public Works Department; and WHEREAS, the Administration recommends approval of the vacation and abandonment ("vacation") of the City Right-of-Way, subject to and conditioned upon the following conditions: a. the Applicant has offered a voluntary public contribution (hereinafter the "Voluntary Contribution") of $10.5 Million to the City in connection with the vacation of the City Parcel. All funds shall be allocated to public projects in North Beach, as shall be determined by the City Commission, in its sole and reasonable discretion. b. the Applicant will make the first payment, in the amount of $1,000,000, within ten (10) business days following the City Commission's (i) approval of the City Resolution authorizing the vacation of the City Parcel (the "Vacation Resolution") and (ii) final approval of the Development Agreement. This payment will be non-refundable. C. the Applicant will apply for a full building permit for the Project, using commercially reasonable efforts, no later than February 19, 2016. d. the Applicant will pay the City $4.5 million on the earlier of: (i) within ten (10) business days of the issuance of a full building permit for the Project, or (ii) November 19, 2016. The actual vacation of the City Parcel shall be effective as of the date the Applicant makes the $4.5 million payment. The $4.5 million payment shall be non-refundable. e. the Applicant will pay the remaining $5 million in four (4) equal payments of $1.25 million every six (6) months starting on the earlier of: (i) six (6) months after the City's issuance of the full building permit for the Project, or (ii) May 19, 2017; provided, however, that the entire amount remaining to be paid shall be paid ten (10) days prior to the issuance of a temporary certificate of occupancy (TCO) or certificate of occupancy (CO), whichever comes first, for the Project. The City may condition and withhold the issuance of the TCO or CO for the Project upon full and final payment of the remaining balance of the Voluntary Contribution. The $5 million payment shall also be non-refundable. f. the Applicant shall develop and construct the Project consistent with the RM-2 zoning regulations and the terms of the Development Agreement; g. no later than ten business days following the City Commission's final approval of the Development Agreement, Applicant shall transfer to the City a perpetual public pedestrian access easement over a portion of the City Parcel, subject to the review and approval of City staff, not to be unreasonably withheld, in order to provide beach access to the public (the "City Easement"); h. the City Easement shall be improved as part of the Project and shall be open to the public and no later than the date a TCO or CO (whichever comes first) is issued for the Project. Applicant shall be solely responsible for all costs and work associated with the improvement (including, without limitation, the planning, permitting or construction) of the vacated City Right-of-Way, as part of the Project including, but not limited to resurfacing, drainage, landscaping, hardscaping, sidewalks, irrigation, signage, beach access signage, lighting, design and construction of the City Easement; i. the Applicant shall be responsible for the safety, security and maintenance of the City Easement; j. the Applicant will enter into a Management Agreement for the 87th Street City right-of-way, allowing Applicant to develop, maintain, pave, drain, light, landscape and install street furniture along this right-of-way in order to open the road to pedestrian traffic. k. Applicant may seek from the City development approvals and an easement agreement with the City in order to install balconies over the City's 87th Street right-of-way; I. Applicant will be responsible for submitting and obtaining any and all final, non-appealable development approvals for the Project (i.e. Design Review Board, Planning Board, Board of Adjustment. Applicant agrees and acknowledges that any such development approvals are subject to, and conditioned upon, approval by applicable development boards, in their sole and reasonable discretion; m. Except as to involuntary transfers (as shall be defined in the Development Agreement and which will include, without limitation, foreclosure transfers and transfers in lieu of foreclosure), Applicant shall not be entitled to assign or transfer its rights under the Development Agreement until after the earlier of (i) issuance of a Certificate of Occupancy ("CO") for the Project, or (ii) the payment of all of the Voluntary Contribution. Any such transferee shall assume all remaining obligations of Applicant under the Development Agreement including, without limitation, (i) Applicant's obligation to grant and improve the City Easement and (ii) to improve the 87th Street right-of-way; provided, however, that as to subsection (ii) the City may, at its sole discretion, elect not to proceed with, or terminate (as the case may be) the Management Agreement for the 87th Street right-of- way. The provisions of Subsection n, below, will not apply to this Subsection. n. Except as to Applicant's obli ation to make the Voluntary Contribution P 9 rY payments in accordance with Section III, above, time periods will be tolled due to force majeure (strikes, lockouts, acts of God, and other causes beyond the control of either party); appeals or other judicial or administrative challenges to project approvals; and delays in obtaining permits from other governmental agencies. Notwithstanding the foregoing, in the event that, a third party (unrelated or unaffiliated with the City or Applicant) institutes a legal proceeding in a court of competent jurisdiction (the "Law Suit") challenging the validity of the Vacation Resolution or the Development Agreement, then Applicant shall not be required to make further Voluntary Contribution payments (under conditions (d) or (3), above), and the City shall not be required to effectuate the vacation of the City Parcel, until thirty (30) days after the lawsuit has been completed and finally disposed of; and provided further that if the Law Suit is still pending for more than eighteen (18) months after the approval of the Development Agreement, then (i) the City, at its option, may elect to rescind the Vacation Resolution and terminate the Development Agreement, without cause; (ii) no further payment of the Voluntary Contribution shall be due and City shall return to Applicant any Voluntary Contribution payment received after the initial one (1) Million dollar payment required under condition (b) above; (iii) the vacation of the City Parcel shall not be effectuated; and (iv) the City and Applicant shall have no further obligation and/or liability to each other. o. Notwithstanding the foregoing, Applicant shall defend, indemnify, and hold the City harmless should any Law Suit be filed. p. Applicant agrees to reimburse the City for any attorney's fees incurred by the City for outside counsel's review and negotiation of the Development Agreement, and related agreements, not to exceed reasonable amounts, as mutually agreed upon by the Parties (which counsel shall be selected and approved by the City Attorney). WHEREAS, the vacation of the City Right-of-Way serves a public purpose, in that, it would provide enhanced pedestrian access ways to the public beach; would increase property taxes; possibly renovate and beautify the northern end of North Shore Open Space Park; serve as a catalyst to revitalize the North Beach area; and increase jobs as a result of the development and construction of the Project; and WHEREAS, the City advertised and held a public hearing as required by all applicable laws and code provisions. NOW THEREFORE BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, to approve, on second and final reading of this Resolution and following a duly noticed public hearing, the vacation and abandonment of the City's interest in the City Right-of-Way, in favor of Applicant; with such vacation subject to and contingent upon the City's approval, and the City and Applicant's execution, of a Development Agreement with the City which, among other terms and conditions (1) grants to the City of a perpetual pedestrian access easement across a portion of the vacated City ROW, and (2) ensures Applicant's payment of a Voluntary Monetary Contribution, in the amount of $10.5 million dollars, to be used by the City for public purposes as the City may deem in the best interest of its residents and visitors; and with such vacation further subject to and contingent upon Applicant's satisfaction of conditions (b),(c),and (d) set forth in this resolution. PASSED and ADOPTED this day of September, 2014. ATTEST: /4:Z:�? // IP L �VI d, OR • •�i'` 7 RAFAEL E. GRANADO, CITY CL INCO.Rr.., ORATED i` r� 26 APPROVED AS TO FORM&LANGUAGE &FOR EXECUTION City Attorney at MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfi.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Membe of th City Commission -COND READING FROM: Jimmy L. Morales, City Manag BLIC HEARING Raul Aguila, City Attorne DATE: September 17, 2014 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, APPROVING, ON SECOND AND FINAL READING OF THIS RESOLUTION AND FOLLOWING A DULY NOTICED PUBLIC HEARING, THE VACATION AND ABANDONMENT OF THAT PORTION OF 87TH TERRACE EAST OF COLLINS AVENUE, CONSISTING OF A 50 FOOT RIGHT-OF-WAY (ROW) CONTAINING APPROXIMATELY 18,042 SQUARE FEET IN TOTAL LOT AREA, AS SHOWN ON THE PLAT OF ALTOS DEL MAR SUBDIVISION NO. 29 RECORDED IN PLAT BOOK 4, PAGE 162 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, IN FAVOR OF 8701 COLLINS DEVELOPMENT, LLC (THE "APPLICANT"); WITH SUCH VACATION SUBJECT TO AND CONTINGENT UPON THE CITY'S APPROVAL, AND THE CITY AND APPLICANT'S EXECUTION, OF A DEVELOPMENT AGREEMENT WHICH, AMONG OTHER TERMS AND CONDITIONS (1) GRANTS TO THE CITY A PERPETUAL PEDESTRIAN ACCESS EASEMENT ACROSS A PORTION OF THE VACATED CITY ROW, AND (2) ENSURES APPLICANT'S PAYMENT OF A VOLUNTARY MONETARY CONTRIBUTION, IN THE AMOUNT OF $10.5 MILLION DOLLARS, TO BE USED BY THE CITY FOR PUBLIC PURPOSES; AND WITH SUCH VACATION FURTHER SUBJECT TO AND CONTINGENT UPON APPLICANT'S SATISFACTION OF THE CONDITIONS SET FORTH IN THIS RESOLUTION. The City of Miami Beach holds a right-of-way dedication to a 50 foot wide road, running from Collins Avenue, east 360 feet to Tract "A", as set forth in the sketch attached as Exhibit "A" to the resolution (hereinafter "City Right-of-Way"). The City Right-of-Way, known as 87th Terrace, originated when the Plat of Altos Del Mar Subdivision Number 2 was platted in 1920 (Exhibit A). 8701 Collins Avenue, LLC, (hereinafter "Applicant") owns the property to the South of and adjacent to the City's Agenda Item 7 Date Vacation of 8711 Terrace east of Collins Ave-Memorandum—Second Reading, Public Hearing September 17, 2014 Page 2 of 10 Right-of-Way. The Applicant's property, the Biltmore Terrace Hotel, formerly known as the "Dezerland" Hotel, is located at 8701 Collins Avenue (hereinafter the "Property"). The Applicant intends to redevelop the Property, together with the parking lot located on the north half of the Property, and portions of the City Right-of-Way into a hotel, condo hotel and residential condominium (hereinafter the "Project). The Project was approved by the Design Review Board ("DRB") on May 6, 2014 (DRB File Numbers 23046 and 23047), which may be modified. In contemplation of this Project, the Applicant will be seeking to enter into a Development Agreement with the City to memorialize the conditions imposed by the City Commission. As a first step in effectuating the Development Agreement, Applicant has requested that the City vacate the City Right-of-Way and has submitted its vacation application to the City's Public Works Department. This item was heard during the July 18th, 2014 Finance and City Wide Projects Committee meeting. No action was taken at that time and the discussion item was deferred. During the July 23rd City Commission meeting counsel for Applicant, Mr. Jeffrey Bercow of Bercow Radell & Fernandez, confirmed the offer of his client the Terra Group, and proffered a voluntary contribution of $10.5 million dollars, should the vacation proceed. This item was then heard on July 30th Special Finance and City Wide Projects Committee meeting, and the Committee recommended that the item proceed to the City Commission with a positive recommendation, and a proposed term sheet for the September 10, 2014 City Commission meeting. The Proposed Development Agreement: The proposed underlying Development Agreement contemplates the following terms: 1. The Project entails redeveloping the property located at 8701 Collins Avenue and the parking lot located on the north half of the property into a hotel, condo-hotel, accessory uses, and residential condominium. 2. The City, upon execution of the Development Agreement, would vacate the City Right-of-Way in favor of Applicant. 3. The Applicant would voluntarily pay a contribution of $10.5 million dollars to the City, which funds are to be used by the City for public purposes as the City may deem in the best interest of its residents and visitors. 4. The Property is adjacent to the North Beach Open Space Park. The voluntary contribution received from the Applicant would possibly allow the City to improve the park, including the installation of landscaping, hardscaping and pedestrian access improvements for the entirety of the Park. The City may also use the funds towards implementing a trolley for North Beach, and/or such other public purposes as the City may deem in the best interest of its residents and visitors. Vacation of 87th Terrace east of Collins Ave-Memorandum—Second Reading, Public Hearing September 17, 2014 Page 3 of 10 5. The Applicant would also provide the City a ten foot (10') wide perpetual pedestrian access easement across the vacated City Right-of-Way. The Applicant would construct and maintain the pedestrian access easement area. 6. As part of the Project, the Applicant may seek an 87th Street easement for balconies over the City's right-of-way. Proposed Conditions to Vacation: The first step toward effectuating the Development Agreement is the vacation of the City Right-of-Way. The following conditions to the vacation are expected to occur following approval of the Development Agreement and execution by City and Applicant: a. the Applicant has offered a voluntary public contribution (hereinafter the "Voluntary Contribution") of $10.5 Million to the City in connection with the vacation of the City Parcel. All funds shall be allocated to public projects in North Beach, as shall be determined by the City Commission, in its sole and reasonable discretion. b. the Applicant will make the first payment, in the amount of $1,000,000, within ten (10) business days following the City Commission's (i) approval of the City Resolution authorizing the vacation of the City Parcel (the "Vacation Resolution") and (ii) final approval of the Development Agreement. This payment will be non-refundable. C. the Applicant will apply for a full building permit for the Project, using commercially reasonable efforts, no later than February 19, 2016. d. the Applicant will pay the"City $4.5 million on the earlier of: (i) within ten (10) business days of the issuance of a full building permit for the Project, or (ii) November 19, 2016. The actual vacation of the City Parcel shall be effective as of the date the Applicant makes the $4.5 million payment. The $4.5 million payment shall be non-refundable. e. the Applicant will pay the remaining $5 million in four (4) equal payments of $1.25 million every six (6) months starting on the earlier of: (i) six (6) months after the City's issuance of the full building permit for the Project, or (ii) May 19, 2017; provided, however, that the entire amount remaining to be paid shall be paid ten (10) days prior to the issuance of a temporary certificate of occupancy (TCO) or certificate of occupancy (CO), whichever comes first, for the Project. The City may condition and withhold the issuance of the TCO or CO for the Project upon full and final payment of the remaining balance of the Voluntary Contribution. The $5 million payment shall also be non-refundable. f. the Applicant shall develop and construct the Project consistent with the RM-2 zoning regulations and the terms of the Development Agreement; Vacation of 87th Terrace east of Collins Ave-Memorandum—Second Reading, Public Hearing September 17, 2014 Page 4 of 10 g. no later than ten business days following the City Commission's final approval of the Development Agreement, Applicant shall transfer to the City a perpetual public pedestrian access easement over a portion of the City Parcel, subject to the review and approval of City staff, not to be unreasonably withheld, in order to provide beach access to the public (the "City Easement"); h. the City Easement shall be improved as part of the Project and shall be open to the public and no later than the date a TCO or CO (whichever comes first) is issued for the Project. Applicant shall be solely responsible for all costs and work associated with the improvement (including, without limitation, the planning, permitting or construction) of the vacated City Right-of-Way, as part of the Project including, but not limited to resurfacing, drainage, landscaping, hardscaping, sidewalks, irrigation, signage, beach access signage, lighting, design and construction of the City Easement; i. the Applicant shall be responsible for the safety, security and maintenance of the City Easement; j. the Applicant will enter into a Management Agreement for the 87th Street City right-of-way, allowing Applicant to develop, maintain, pave, drain, light, landscape and install street furniture along this right-of-way in order to open the road to pedestrian traffic. k. Applicant may seek from the City development approvals and an easement agreement with the City in order to install balconies over the City's 87th Street right-of-way; I. Applicant will be responsible for submitting and obtaining any and all final, non-appealable development approvals for the Project (i.e. Design Review Board, Planning Board, Board of Adjustment. Applicant agrees and acknowledges that any such development approvals are subject to, and conditioned upon, approval by applicable development boards, in their sole and reasonable discretion; M. Except as to involuntary transfers (as shall be defined in the Development Agreement and which will include, without limitation, foreclosure transfers and transfers in lieu of foreclosure), Applicant shall not be entitled to assign or transfer its rights under the Development Agreement until after the earlier of (i) issuance of a Certificate of Occupancy ("CO") for the Project, or (ii) the payment of all of the Voluntary Contribution. Any such transferee shall assume all remaining obligations of Applicant under the Development Agreement including, without limitation, (i) Applicant's obligation to grant and improve the City Easement and (ii) to improve the 87th Street right-of-way; provided, however, that as to subsection (ii) the City may, at its sole discretion, elect not to proceed with, or terminate (as the case may be) the Management Agreement for the 87th Street right-of-way. The provisions of Subsection n, below, will not apply to this Vacation of 87th Terrace east of Collins Ave-Memorandum—Second Reading, Public Hearing September 17, 2014 Page 5 of 10 Subsection. n. Except as to Applicant's obligation to make the Voluntary Contribution payments in accordance with Section III, above, time periods will be tolled due to force majeure (strikes, lockouts, acts of God, and other causes beyond the control of either party); appeals or other judicial or administrative challenges to project approvals; and delays in obtaining permits from other governmental agencies. Notwithstanding the foregoing, in the event that, a third party (unrelated or unaffiliated with the City or Applicant) institutes a legal proceeding in a court of competent jurisdiction (the "Law Suit") challenging the validity of the Vacation Resolution or the Development Agreement, then Applicant shall not be required to make further Voluntary Contribution payments (under condition d. or e., above), and the City shall not be required to effectuate the vacation of the City Parcel, until thirty (30) days after the lawsuit has been completed and finally disposed of; and provided further that if the Law Suit is still pending for more than eighteen (18) months after the approval of the Development Agreement, then (i) the City, at its option, may elect to rescind the Vacation-Resolution and terminate the Development Agreement, without cause; (ii) no further payment of the Voluntary Contribution shall be due and City shall return to Applicant any Voluntary Contribution payment received after the initial one (1) Million dollar payment required under condition (b) above; (iii) the vacation of the City Parcel shall not be effectuated; and (iv) the City and Applicant shall have no further obligation and/or liability to each other. o. Notwithstanding the foregoing, Applicant shall defend, indemnify, and hold the City harmless should any Law Suit be filed. P. Applicant agrees to reimburse the City for any attorney's fees incurred by the City for outside counsel's review and negotiation of the Development Agreement, and related agreements, not to exceed reasonable amounts, as mutually agreed upon by the Parties (which counsel shall be selected and approved by the City Attorney). City Right-of-Way Plat History: On June 12, 1920, a plat was recorded at Plat Book 4, page 162, designated as "Altos Del Mar Subdivision Number 2." The plat dedicated seven (7) rights of way for the perpetual use of the public for the specific purpose of "public highways and thoroughfares." One of the dedicated thoroughfares was for Nasturtium Street, now named 87th Terrace. 87th Terrace is currently developed with a public street, including parking. Another right-of-way dedicated under the plat was Marigold Street, now known as 87th Street. Atone time 87th Street was an improved street, but those improvements were later removed and the land is now maintained with landscaping. 87th Street is the subject of the Management Agreement and balcony easement agreement contemplated as part of the Applicant's Development Agreement. The plat was "accepted" by Miami- Dade County in 1963. Vacation of 87th Terrace east of Collins Ave-Memorandum—Second Reading, Public Hearing September 17, 2014 Page 6 of 10 The plat also created, between the easternmost roadway ends of the six (6) dedicated thoroughfares and the public beach, six (6) tracts entitled "A". One of the six "A" tracts is located east of the street end of the City Right-of-Way (87th Terrace). The "A" tracts were reserved to the ownership of the subdivider of the plat. The plat provides as to these tracts: And that the tracts marked thereon and designated by the Letter "A", together with all riparian rights and submerged lands adjacent and appurtenant to said tracts so marked "A" are hereby granted, reserved, and limited to the private use only of the present or future owner or owners of said Altos Del Mar Subdivision Number 2, or any part thereof. It is hereby expressly declared that no part of ... said tract so marked "A" now is or has been dedicated or granted to the public use for any purpose, in any way, form or manner whatsoever. [Emphasis added]. Charter Analysis: Any time the City contemplates the disposition of City land, the transaction must be analyzed to ensure compliance with Section 1.03 of the City's Charter. The Charter is reviewed in order to determine whether a supermajority vote of the City Commission or a voter referendum is required prior to vacation of the City's Right-of-Way. The following is an analysis of the relevant provisions of Section 1.03 of the City Charter. 1. Is the City's Right-of-Way vacation a "sale, exchange, conveyance 'or lease or any other transfer of any City interest in a public beach right-of-way (extending eastward from Collins Avenue/Ocean Drive to the erosion control line)" which would require a majority vote of the voters in a citywide referendum, as contemplated in Section 1.03(d) of the City's Charter? Answer: No. The City Right-of-Way is East of Collins Avenue but does not extend to the erosion control line. Further, the 50-foot roadway was platted west of the intervening property marked tract "A" on the plat. The Altos Del Mar Subdivision Number 2 Plat dedicated the roadway Nasturtium (87th Terrace), and created the intervening tract "A" east of Nasturtium. Based upon the express language of the plat, the subdivider's action was not to extend the roadways to the public beach, but instead to provide a private space for the use of private owners in the subdivision, between the end of the road and the beach. The current owner of Tract "A" at the street end of 87th Terrace is Miami-Dade County. Vacation of 87t" Terrace east of Collins Ave-Memorandum—Second Reading, Public Hearing September 17, 2014 Page 7 of 10 2. Is the City Right-of-Way vacation a "sale, exchange, conveyance, lease, or any other transfer of any City interest in any public street-end bordering on land designated "Government Use", ... or "Waterfront land,"' which would require either the unanimous approval of those members of the City Commission with power to vote or approval by a majority vote of the voters in a Citywide referendum as contemplated in Section 1.03(e) of the City Charter? Answer: No. The intervening tract "A" is zoned RM-2, not GU. The City's Right- of-Way is not "Waterfront land." As indicated above, Miami-Dade County, through a foreclosure, obtained title to Tract "A". Section 142-421, of the City's Code provides that "[a]ny land ... owned by ... the City or other governmental agency for no less than an initial term of 20 years shall automatically convert to a GU government use district." Section 142-421 would appear to require the County's Tract "A" to be zoned GU. However, the City's Official.Zoning Map specifically designates Tract "A", as being zoned RM-2. The City Commission under Ordinance 98-3151, specifically downzoned Tract A, and the surrounding parcels to RM-2. As the Zoning Map and Section 142-421 directly conflict an analysis must be done to reconcile the two provisions. Where two provisions of an ordinance are in conflict and must be reconciled, resort is made to statutory construction, and to look to their "plain meaning." Moonlit Water Apts. v. Cauley, 666 So. 2d 898, 900 (Fla. 1996). Moreover, regulations that limit the use of property must be read in favor of private property rights where possible. See Rinker Materials Corp. v. City of North Miami, 286 So. 2d 552, 553 (Fla. 1973). When statutes conflict, it is often impossible to harmonize the conflicting provisions and to determine the legislative intent. Agency for Health Care Admin. v. In re Estate of Johnson, 743 So. 2d 83, 86-87 (Fla. 3d. DCA 1999). As a result, rules of statutory construction then require a determination as to which provision is more specific, as that provision would control. The goal of statutory construction is to "provide a field of operation to all rather than construe one statute as being meaningless or repealed by implication." Id. at 86-87. This statutory construction analysis is also utilized by the City. Section 114-2(b), of the City Code entitled "Interpretations, purpose and conflict," provides, in relevant part: When there are different regulations, one general and one more specific, both of which may apply to a given subject, the more specific one shall govern, regardless of whether it be part of the City Code or this subpart and regardless of the date of enactment. (Emphasis added). In this instance, the general provision is found in Section 142-421, which designates all City and government agency owned land in the City as GU, Government Use district. The specific provision is found on the zoning map, designating the parcel as RM-21 which is the direct result of a downzoning of the property by action of the City Commission. This treatment of Tract "A" as other than GU is similarly found in the action of the City Commission in specifically designating the Miami Beach Convention Center and property immediately surrounding it as a new zoning district, the CCC Civic Vacation of 87th Terrace east of Collins Ave-Memorandum—Second Reading, Public Hearing September 17, 2014 Page 8 of 10 and Convention Center district, by Ordinance No. 81-2286. In light of the clear statutory requirement that conflicting provisions in the City Code be reconciled by the direction in City Code Section 114-2(b), that the specific provision control over the general provision, and that the tract labeled "A" on the plat was specifically rezoned RM-2 by action of the City Commission, the parcels are properly designated RM-2 on the zoning map, and the provisions of Section 1.03(e) are not triggered. Additionally, the City Right-of-Way is not "Waterfront Land." The Altos Del Mar Subdivision Number 2 plat created Tract "A" at each street end. This intervening tract between the City's Right-of-Way and the beach precludes a finding that the City's Right- of-Way is "Waterfront land'." Waterfront land is not defined in the Charter. Therefore, in order to determine the legislative intent of the provision, statutory construction requires us to use the ordinary, plain and obvious meaning when attempting to interpret the word in question. Knowles v. Beverly Enterprises-Florida, Inc., 898 So. 2d 1, 5 (Fla. 2004). A clear, ordinary and obvious meaning is found in the dictionary. As such, Random House Dictionary defines waterfront as "land on the edge of a body of water." As the City's interest ends at Tract "A", the City's Right-of-Way does not qualify as "Waterfront Land." 3. Does the vacation of the City Right-of-Way result in an increase in the current floor area ratio "by zoning, transfer, or any other means" of a street end or property? If triggered, a referendum vote of the electors, as contemplated under Section 1.03(c) of the City's Charter would be required. Answer: No, Section 1.03(e) of the Charter is not triggered by the vacation. The surrounding parcels to the City Right-of-Way are zoned RM-2. Upon vacation the City Right-of-Way would retain the zoning designation of the adjacent parcels. Therefore, there will be no zoning change. The City's resolution will relinquish the City's interest in the Right-of-Way. As the Applicant's Project includes the vacated Right-of-Way, Applicant will be required to execute a Unity of Title or Covenant in Lieu of Unity of Title, as required by Section 118- 5, of the City Code. The Execution of either document shall aggregate Applicant's development rights on the "unified abutting parcels." This action is consistent with Section 1.03(e) of the Charter, which specifically states: "The provision shall not preclude or otherwise affect the division of lots, or the aggregation of development rights on unified abutting parcels." Applicant's aggregation of rights shall not increase by zoning, transfer, or any other means the current, existing floor area ratio of the vacated Right-of-Way or Applicant's Property. Based upon the foregoing, the referendum requirement of Section Charter provision 1.03(d) specifically addresses City owned "Beach access rights of way." Section 1.03(e) appears to be a companion amendment to 1.03(d), and seeks to capture all other water bodies that are not considered City owned "Beach access rights of way." Vacation of 87"' Terrace east of Collins Ave-Memorandum—Second Reading, Public Hearing September 17, 2014 Page 9 of 10 1.03(e) is not triggered. 4. Is the vacation a "sale, exchange, conveyance or lease of ten years or longer of all remaining City-owned property (other than public beach rights-of-way)" that would require approval by a majority 4/7th vote of all members of the Planning Board and 6/7th vote of the City Commission as contemplated by Section 1.03(b)(4) of the City Charter? Answer: No. Although in past years the City has issued a quit claim deed when vacating a right-of-way, the City is not required to do so. Local governments do not "own" dedicated streets and roads. 1978 Fla. Op. Atty. Gen. 289 (1978). The City has a perpetual right to use the right-of—way for the public purpose for which the land was dedicated. The City could not use the land for any other purpose. As such, the legal title to the land remains in the grantor, and its successors in interest. Upon the vacation of the roadway, the public's interest is extinguished and the abutting landowner(s) continue to hold fee simple interest in the land. 1978 Fla. Op. Atty. Gen. 309 (1978). The City may vacate a right-of-way "when the vacation is in the public interest or when it is no longer required for public use and convenience. The issuance of the resolution would extinguish the City's interest in the right-of-way. Section 177.085, Florida Statute. Thus, the City's resolution would not be considered a "conveyance" that would require the enhanced voting requirements delineated in Section 1.03(b)(4) of the Charter. Compliance with Chapter 82 of the City's Code: The City must comply with the requirements of Chapter 82, of the City Code, which requires certain actions prior to effectuating a vacation. Section 82-37 requires the City Manager to transmit the item to the Finance and Citywide Projects Committee. The Committee heard this item on May 16, 2014, July 18, 2014, and on July 30, 2014. On May 21, 2014, pursuant to Resolution No. 2014-28608, the City set the public hearing for the vacation, and the City Commission resolved by 5/7ths vote to waive the public bidding requirements of Section 82-39, and found a public purpose in so doing. On July 23rd, 2014, the City Commission directed that the Resolution authorizing the vacation of the City's ROW be placed on the September 10th Commission agenda, and on the September 17th City Commission agenda, for second and final reading, and public hearing. On July 30th, the Finance and Citywide Projects Committee directed that a term sheet be negotiated and placed on the September 10th City Commission agenda. The term sheet and first reading of the vacation resolution was approved by the City Commission on September 10th, 2014. Second reading, public hearing was advertised and scheduled for September 17th, 2014 on the City Right-of-Way vacation. The City has also obtained an appraisal of the City Right-of-Way. The Code also requires the Resolution to be read during two meetings of the City Commission, with the second reading being accompanied by a public hearing. In compliance with Section 82- 38, the Planning Department prepared its analysis of the vacation. A copy of the planning analysis is attached as Exhibit B. The Planning Department reviewed the six (6) criteria elements for vacating City Property and found these requirements to have been satisfied. The criteria of Section 82-38 of the City Code require, prior to Vacation of 87 I Terrace east of Collins Ave-Memorandum—Second Reading, Public Hearing September 17, 2014 Page 10 of 10 proceeding with the vacation, the City Commission make a finding that a public purpose is served by the vacation. Recommendation: a. The Administration recommends that the City Commission find that the vacation serves a public purpose due to the following: 1. The Applicant's Project would provide enhanced pedestrian access to the public beach and shoreline. 2. The City may decide to use the Voluntary Contribution towards the renovation and beautification of the northern end of North Shore Open Space Park. 3. The Project is anticipated to create a significant North Beach destination to the Applicant's Hotel, which Project may serve as a catalyst to a revival of the area. 4. Applicant's project would serve a public purpose in expanding the City's revenue base, reducing the City's costs, and improve the community's overall quality of life. The impact on adjacent properties would be positive, as the access easement along the proposed vacated City Right-of-Way would be improved, maintained, and secured by the Applicant. 5. The Project would reduce the City's Costs in maintaining the vacated City Right-of-Way. Additionally the Applicant would maintain and secure the perpetual easement area. 6. The Applicant's Project would create jobs. 7. The Project would be in keeping with the surrounding neighborhood, will not block views or create other environmental intrusions. 8. The Project is anticipated to enhance the aesthetics of the community and adjacent park land. b. The City Manager recommends approval of the vacation and abandonment of that portion of 87th Terrace east of Collins Avenue, consisting of a 50 foot right-of-way (ROW) containing approximately 18,042 square feet in total lot area, as shown on the Plat Of Altos Del Mar Subdivision No. 2, recorded in Plat Book 4, Page 162 of the Public Records of Miami-Dade County, in favor of 8701 Collins Avenue, LLC (the "Applicant"); with such vacation subject to and contingent upon the City's approval, and the City and Applicant's execution of a Development Agreement with the City which, among other terms and conditions (1) grants to the City of a perpetual access easement across the vacated City ROW and (2) ensures Applicant's payment of a voluntary monetary contribution in the amount of $10.5 million dollars, to be used by the City for public purposes as the City may deem in the best interest of its residents and visitors; with such vacation further subject to and contingent upon Applicant's satisfaction of the conditions (b), (c), and (d) set forth in the resolution. Exhibits: A. Plat Map B. Planning Analysis ALL MEN BY THESE-- PRESENTS, THAT TATUM'S OCEAN PARK COMPANY, A F FLORIDA, HAS EXECUTED A, PLA-r OF PART cF GOLIERrMENI; LOT %fpN?BER 0A,,-(j)' o; SfCTrON NU.MOCR rs,,41F FirTy-TNIiEF (5:�) SOUTH, RANC.�F FORTY- Two (#I) �-:ASi-, SITU6-rE ;h1 .OhDE COVNTY, ,OLJAT HAS DULY RECORDED !N �LpT BUOK - _? _ % AT P4GE-/�,�: or- 7-,4F PUBLIC RECDRDS OfDAPE THAT5A1C Pt A7 IS DFS1GNATFD A5 'F\LTOS DEL MAR 3000tV 1S10A/ NUMBER 2,, ASCISPIvISICN OFPARTOF SFC ,Z, T,S,7,S I�. �E, rHA7 SA1G LAtvD AS SHOWN, MARKED AND OFS/GNATED oN SAID PLAt IS AND NEREArTFR AS ALTOS GEL kvIA11 SV607i%ISIOh' NUM86R 7,; THAT Tj,,E TRAC iS ShOl4/N,41ARRE--0 ANC) D�,510NATEv if ---IJv'5 AVE,/ clA-�'�'A)1 IF S);1 A(Upzv 3T. � [_AN'rA'N'A� ,S 7, I 11AA1?IGOLp ST. ! AAl4 !VliSTuRT1UM 5 7f A(ZE �O TG THE PFAPE--T UAL. USE OE Pb'BLIC AS Pu6LIC H164 WAYS AA10 THG"IZCUGHi`AftFS; 7-/4AT T-49 7RAC7 SKOk'N. /GIJP76DC!TJ $Fr ALAI AS rA/RL.}C LvAv, /S N.F/It EL'Y GhANTED, RE5ERVFD AND LIMITED TO THE PRjvATE US,' 5fA%'' OA FUTURE 0WAc'E(? OR 0W'h`E1?S OF SAiO ALTD$ _D64 IVI AI; SL'nplvlsJOnr IVUNtGi:R ,',. OR CF ANY P•iovjDEO TNA,T 5Alt) AiRosc 1�{�"P,Y� GR ANY DLOCk TN�r,EOr, AAAY 86 CLCSrD AND v�carer; , (-1 pCN , {,�/ ;Ot.rSr,NT Cr r^.LL 7`NL 01 'NFRS of 'THE LOTS AQG'Tr/.NG oN, T#AT PART OF 5AIo Aiiicgo /V,,:,Y o TO !3k ?OVipFD )LTRTh6R T:/AT NO PART Or- SAID A1RG$o WAY 3NALL 13F CLOSC--D oi? VACATED UNTIL T/JP (brORYIf AIvD )OVTH F!JOS Or 7H6 4'jue-kS 3STW,Efv VL'N7CF! T7" 15 DF5/RED Tc CLOSE OR VACA7 - A (BART 0 WAY, SHA(.L GE 1--Ajvtb, READY AND OPt--tv /-"Or USE A1,,DT1jAVEL IDSTWEFN Cc'Li1111j AVE. Al-J!J SAIV SV Pre0l��'IDkD THAT T,4F TRACT MARI<ELD A rvv Sh'OWN ON SP1 D nj.kT BY 0 T TED L/IUCS AS „i~Ern Rr,RA,I?y l�OAP', /S/VOT AN SHALL NOT &.F IN ANY CA SP p6pICATb'p 401? 11-ITHL-'R PVDl.1C GR Arty KIND oR C4AAAC-TS r. AND THAT 7-NE SAME SHri1_L 43F C1-05-0 F'oR 05F oFANy xrND OR% cNAIIAcTrR TFR T'Nt T-T :ACT Dt-51GNA-rto AS rCOfLINS AVL, ON SgfD PLR7 S%1ALL 8F R�+VFDI R,'l DV Al-40 OPFN FOR USE n , ./D 7',`iArT -rHc T,7Ac-rS rAAFXJCD rHC-rOIV A/,rt-) GFs/GA'A-rr0 D. 7HE- 4E77FR A, TUC-Er"E-n WlTN ALL RIPARIAN MERGED LA1.ID5 AD rACEAIr ARID APPU,9 TfiMAtJT 74 SAID TRACTS So MARKSO A ArzE EIFRF&y GRAttITRO, mi(7bC -r-O T/Ic PRIVAATr Use oNLy or THE PRF5EA17' OR FUTURE ORINcR aR 0V A(E1?S OF SAID /44 TO-5 ,p4�L- .1-/ /VUNA13 sR ,�I o R ANY PART T NE h'E o1 EXRRFSSry DCCLAIiL C% rf�FT NO AaRT�F ShID A/,RGSO V VAV,` NOf, ArtYPART C)FSAIO TRACT N'ARkED/$7NIPDR.LRy u , Ur SAID Tf?AC.T CC N1fht;t p NOW IS UP HAS LEFN OFDICATFO OR GRAAITf,D To Tr.' PUBLIC USE FOA AAly P11RPoSf, A :R MAN1:1<R L HATI SOEVE=R, ✓VP+P-P,OF rNF 5ArD TAT'um.,'5 0csA,-v PARK CoMPANy, VV OgDEft OP lT5 Z30,ARD o1--D1AFC7-vRS, $y 1T.5 pR67StOktvr AN //,,��! ,}TUMr ITS SEcRkTARl/, NA5 HERPUN7-0 CAOSE'D ITT GORPQRATP NAME SEr AND SFr-/XED, -FHI.5�fOAy Dr-- JUNE, ED AND DELIVE',• ED TA T"UM;S._.,OCFAN PARK COMPS+NY. +FNCE or-.• ITS PRfSfDEh1T. AT TES T ITS.a CR.f TAR Y, 1`L.O /DA E ME, A NO-FAR Y f UROC IN A NL) 1--OR SAID S IATE, TNIS DAY PEPSONALLY 4P1JFARED -* No �.B• TA-rUNi, T3E'SPDCTIV9LY R FsIDONT OF THE TATUM�S 0cF,4N PARm COMPANY, OP FICRIDA, Alvr ACIiNaW:-FD4E0 5EP0&F Mr_ `•; /� CuTED THE FORFGOfIYG IN$TRVMEh1T f oR ,PrZY=: OP SAID COMPANY) AS SUCH OPPICERS,/=ofz PURPOSES T'HC)�kIN FXPhFSSFD,ANC) WIT;-( "Ty Sv To D0, S MY-HAND AND (+FPIC/Al. SEAL 7H/S� '4" � tngr.4RYP !„'il STATFNO/- �LOR(DA rn r 5 5 t o N _a . EXHIBIT A 1 tv-8>°<z` }c 6 ✓"N.41Ali- Gov:7 L07- T. NAJ TOR I IL)PA ST i� I •, y, MARIGOLD i , -- �' LL !J 17S L.ANTANA ST. - k V 61 6 ---- ki. X74 0 Z KUDZU i TAS(VINE S T. ° �< S„t IA/,P GtVT 40`t J. _ N•82�/f>”� a16.1�4, j��S � i1 S T r 7�UiFrr`•� MIAMI BEACH PLANNING DEPARTMENT COMMISSION MEMORANDUM TO: Jimmy L. Morales, City Manager FROM: Thomas R. Mooney, AICP ltm Planning Director DATE: September 5, 2014 SUBJECT: Analysis of Proposed Right of Way (ROW) Vacation —87th Terrace BACKGROUND Section 82-38 of the Code of the City of Miami Beach requires that any proposed sale or lease of City-owned land be analyzed from a planning perspective so that the City Commission and the public are fully apprised of all conditions relating to the proposed sale or lease. The proposal is to vacate 87th Terrace east of Collins Avenue. The right of way contains approximately 18,042 square feet in total lot area. The following is an analysis based on the criteria delineated in the Code. ANALYSIS i 1. Whether or not the proposed use is in keeping with city goals and objectives and conforms to the city comprehensive plan. Consistent — The vacated ROW will continue to be used in a similar fashion as it is used today. It will continue to provide public access to the beach and pedestrian facilities will be greatly enhanced, improving the linkages between existing and proposed parking facilities on the west side of Collins Avenue and the beach through a parcel owned by Miami-Dade County. This is consistent with the Comprehensive Plan Conservation/Coastal Zone Management Element Objective 10, which states the following: Objective 10: PUBLIC SHORELINE ACCESS Increase the amount of public access to the beach or shoreline consistent with the estimated public need. 2. The impact on adjacent property, including the potential positive or negative impacts such as diminution of open space, increased traffic, noise level or enhanced property values, improved development patterns and provision of necessary services. Based on the proposed use of the property, the city shall determine the potential impact of the project on city utilities and other infrastructure needs and the magnitude of costs associated with needed infrastructure improvements. Should it become apparent that further evaluation of EXHIBIT B Analysis of Proposed Right of Way Vacation—87th Terrace September 5, 2014 Page 2 of 3 traffic impact is needed,the proponent shall be responsible for obtaining a traffic impact analysis from a reputable traffic engineer. Consistent—No negative impacts are anticipated by the proposal. The property being vacated by the City is within the Medium Density Multifamily Residential (RM-2) future land use category. This category allows for a maximum floor area ratio (FAR) of 2.0. Vacation of the ROW will allow approximately 36,084 additional square feet to be developed within a unified development site with the parcel to the south. • Though a ROW is proposed to be vacated, no construction is being proposed within the vacated ROW; therefore there will be no diminution of open space. • Vacation of the ROW will not affect the transportation network, as the street presently dead ends at a waterfront parcel owned by Miami-Dade County, and vehicular access will be maintained. The use of the floor area that is made available from the vacation of the ROW could potentially generate up to approximately 19 peak hour trips if used for residential purposes. This does not represent a significant increase in peak hour volumes, and the level of service adopted in the Comprehensive Plan will continue to be maintained along Collins Avenue within the North Beach Transportation Concurrency Management Area. • No noise level impacts are anticipated from the vacation, as the use of the property will remain similar in nature. • The appearance of the property will improve with the proposed vacation, as the approved development proposal includes pavers, landscaping,wider pedestrian paths, and other enhancements. These improvements should enhance surrounding property values. • Vacation of the ROW will allow for improved utilization of the adjacent parcel, and lead to improved development patterns throughout the North Beach area, which is in need of economic redevelopment. • Vacation of the ROW way will not impact adopted levels of service for public infrastructure. Compliance with parks and transportation concurrency for utilization of the floor area that maybe utilized to the south will be determined and mitigated in conjunction with the building permit process; however no additional utilities or infrastructure are expected to be necessary. 3. A determination as to whether or not the proposed use is in keeping with a public purpose and community needs, such as expanding the city's revenue base, creating jobs, creating a significant revenue stream, and improving the community's overall quality of life. Consistent-This proposal expands the City's revenue base by adding untaxed public property to the tax rolls. The additional floor area that is made available to the property to the south will create additional taxable value. In addition, the City will generate revenue from the sale of the ROW. The new development will create temporary construction jobs. It will also bring additional residents to the North Beach area. It is expected that the residents will patron local businesses in the North Beach area, which is need of economic development. We are committed to providing excellent public service and safety to all who live, work,and play in our vibrant, tropical, historic community. Analysis of Proposed Right of Way Vacation—87th Terrace September 5, 2014 Page 3 of 3 4. A determination as to whether or not the development is in keeping with the surrounding neighborhood, will block views or create environmental intrusions, and evaluation of the design and aesthetic considerations of the project. Consistent-The surrounding neighborhood will not be negatively affected. The site is adjacent to a surface parking lot to the west and a hotel to the south owned by the applicant that will not be negatively impacted by the ROW vacation. The parcel to the north of the ROW is outside of the City limits; however, there is sufficient separation between that parcel and any proposed development so as to not significantly obstruct any views. In addition, that parcel does not utilize this ROW for access or.any other purposes. The parcel to the northwest is also outside the City limits, and contains a public park that will not be impacted by the proposed ROW vacation. No environmental intrusions will be created by the proposed ROW vacation. 5. The impact on adjacent properties, whether or not there is adequate parking, street and infrastructure needs. Consistent—Vacation of this ROW will not affect the parking or infrastructure needs of adjacent properties. Surrounding properties are not dependent on the parking provided within this ROW should it be removed in the future. It is expected that public parking will be provided immediately to the west of the proposed vacation. 6. Such other issues as the city manager or his authorized designee, who shall be the city's planning director, may deem appropriate in analysis of the proposed disposition. Not applicable-The Planning Department has no other issues it deems appropriate to analyze for this proposal. CONCLUSION Vacation of the public ROW is consistent with the Goals, Obectives, and Policies based on the approved proposals for the property. The vacation of the 87t Terrace public ROW will generate no negative impacts for the surrounding.area. The property would continue to serve in much the same manner, as public access to the beach will continue to be provided. TRM/RAM T:\AGENDA\2014\September\87 Terrace Planning Analysis.doc We are committed to providing excellent public service and safety to all who live, work,and ploy in our vibrant, tropical, historic community. NE THURSDAY,SEPTEMBER 4,2014 11SNE �A I A t\A CITY OF MIAMI.BEACH NOTICE OF PUBLIC HEARING NOTICE IS HEREBY given that a Second Reading/Public hearing will.be held by the Mayor and City Commission of the City of Miami Beach,.Florida,in the Commission Chambers,3rd.Floor, City Hall,1700.Convention Center Drive,Miami,Beach,Florida,on Wednesday,September 17, 2014,`t6 consider the following: 5:20 p.m. A..RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLOR.IDA,,APPROVING THF...V.ACATiON OF N.MERIDIAN AVENUE,BETWEEN 3.7111 STREET AND 39m STREET, CONSISTING OF A 70 FOOT WIDE RIGHT-OF-WAY, CONTAINING APPROXIMATELY 17,500 SQUARE FELT IN TOTAL AREA,AS SHOWN ON THE PLAT OF GARDEN SUBDIVISION RECORDED IN PLAT BOOK 29 AT PAGE 67;OFT.HE PUBLIC;RECORDS OF MIAMI-DA.DE COUNTY,.IN FAVOR OF EDWARD:A.Iv1CCARTHY ., BISHOP OF DIOCESE. OF MIAMI, A/K/A ST. PATRICK'S CATHOLIC CHURCH AND SCHOOL(THE APPLICANT);WAIVING,BY 5/711'VOTE,THIN COMPETITIVE-BIDDING' AND APPRAISAL REQ.UiR.EMENTS PURSUANT TO, RESPECTIVELY, SECTIONS 82- 39(a)AND (b) OF THE.CITY CODE; FINDING THAT THE PUBLIC INTEREST WOULD BE SERVED BY WAIVING SUCH CONDITIONS; AND FURTHER CONDITIONING THE VACATION ON A COVENANT RUNNING WITH THE LAND THAT THE VACATED PROPERTY NOT;BE USED TOWARD FLOOR.AREA.RATIO (FAR),AND PRECLUDING CONSTRUCTION OF ANY STRUCTURE:OR IMPROVEMENTS WITHIN THE VACATED PROPERTY.Inquiries may be directed to the Public f$ror ks Department at 305.673.7080.. �( 5:25 p.m. A RESOLUTION OF THE MAYOR.AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,APPROVING TIIE VACATION OF TILAT PORTION OF 87TH TERRACE LAST OF COLLINS AVENUE,CONSISTING OF A 50:FOOT RIGHT-OF-WAY(ROW)CONTAINING APPROXIMATELY. 18,042 SQUARE FEET IN TOTAL LOT AREA, AS SHOWN ON THE PLAT OF ALTOS..DEL.MAR SUBDIVISION NO..2, RECORDED IN PLAT BOOK.4, PAGE 162 OF THE PUBLIC.R.ECORDS OF Mi.AMI-DADS COUNTY, IN.FAVOR OF 8701 COLLINS AVENUE; LLC (THE.. "APPLICANT");.WiTH. SUCH.VACATION SUBJECT TO AND CONTINGENT UPON TILE CITY'S APPROVAL,AND THE CITY AND APPLICANT'S EXECUTION OF A DEVELOPMENT AGREEMENT WITH THE CITY WHICH, AMONG OTH RT.ERMS AND CONDITIONS(1)GRANTSTO THE CITY OF A.TEN.FOOT(10')WIDE PERPETUAL ACCESS EASEMENT ACROSS TIIE.NORTIIERN-MOST PORTION.OF THE, VACATED CITY ROW AND (2)ENSURES APPLICANT'S PAYMENT OF A VOLUNTARY MONETARY CONTRIBUTION IN THE.AMOUNT OF$10.5 MILLION DOLLARS,:TO BE USED.BY THE CITY FOR IMPROVEMENTS TO NORTH BEACH OPEN-SPACE PARK.AND SUCH OTHER PUBLIC PURPOSES AS THE CITY MAY DEEM IN TILE BEST INTEREST OF ITS RESIDENTS AND VISITORS;WITH SUCH VACATION FURTHER SUBJECT TO AND CONTINGENT UPON APPLICANT'S SATISFACTION OF THE CONDITIONS SET. FORTH iN.THIS R.FSOLUT.iON.:Ingiiiries.nrav,he dime-ted to the.Puhlic W)rks Department at 305.673.70130. 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,c/o the.City Clerk, 1700 Convention Center Drive, Is'Floor;City Hall,Miami Beach,Florida 33139.Copies of these items are available for public inspection during normal business.hoius,in.the Office of the City Clerk, 1700 Convention Center Drive, I"Floor,City Fall,Miami Beach,Florida:33139.This meeting, or any item.herein,may be continued,and under such circumstances,additional.legal notice need not.be provided. Pu.rsWrit to Section 286.0105,Fla..Stat.,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 thoestimony and evidence upon which the Appeal.is tube-based.This notice. does not constitute consent by the City for the introduction or admission of otherwise:inadm.issible or irrelevant evidence,nor does it authorize challenges.or appeals not otherwise.al lowed by law. To request this material in accessible format,sign language interpreters,information on access for persons with disabilities and/or any accommodation to review any document or participate in any City-sponsored.proceeding,please contacrus five hays in advance at 305.673.7411(voice)orTTY users may also call the Florida Relay Service at 711. Rafael E.Granado,City Clerk #921 City of.Miami Beach