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2016-29441 Reso RESOLUTION NO., 2016-29441 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE AND APPROVING A TERM SHEET, ATTACHED HERETO AS EXHIBIT 1, FOR THE DEVELOPMENT OF A "GREEN ALLEY" AT ESPANOLA WAY EAST/14TH PLACE AND OCEAN COURT; AND AUTHORIZING THE ADMINISTRATION AND CITY ATTORNEY TO NEGOTIATE A DEVELOPMENT AGREEMENT BASED UPON THE APPROVED OF THE TERM SHEET. WHEREAS, Betsy Ross South Beach Hotel located at 1440 Ocean Drive (hereinafter the "Betsy Hotel"), and the Carlton South Beach Hotel located at 1433 Collins Avenue (hereinafter the "Carlton Hotel"), are owned by Betsy Ross Owner, LLC, a Delaware limited liability company authorized to do business in the state of-Florida (hereinafter"Developer"); and WHEREAS, the Betsy Hotel and the Carlton Hotel are separated by a City public right-of-way known as Ocean-Court, an alley that runs south to north parallel to Ocean Drive; and WHEREAS, the City previously granted an air rights easement to the Developer, for a pedestrian bridge over Ocean Court, and the Developer obtained design approval from the Historic Preservation Board for a "green alley" along Espanola Way East (City Right-of-way known as 14th Place), and for Ocean Court; and WHEREAS, the City Commission set the value of the air rights easement as $240,000, which funds, once paid to the City, were to be designated for the design, development and construction of a green alley; and WHEREAS, on May 20, 2016, the Finance and Citywide Projects Committee issued a recommendation to the City Commission to approve the Term Sheet, attached as Exhibit "1", to this Resolution, and for the City Administration and City Attorney to negotiate a final Development Agreement, based upon the approved Term Sheet with Developer; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, the Mayor and City Commission hereby accept the recommendation of the Finance and Citywide Projects Committee approval a Term Sheet, attached hereto as Exhibit 1, for the development of a "green alley" at Espanola Way East/14th place and Ocean Court; and further authorize the City Administration and City Attorney to negotiate a Development Agreement based upon the attached, approved the Term Sheet. PASSED and ADOPTED this ' day of -74ne , 2016. I, >7, Phil. `:' e!Mayor ATTE T: �,�" R fael ranado, ity lerk 7.••• ��V��� [3 ��i4 APPROVED AS TO .7Q � � FORM &LANGUAGE P'' ea • �y 8(FOR EXE UTION 1 -1..L fi c' ( i i L 0 .INCORP ORATED.: city Attorney . Dote kig_ H L TERM SHEET FOR "GREEN ALLEY" DEVELOPMENT AGREEMENT 1. PARTIES. The City of Miami Beach ("City") and the Betsy Ross Owner, LLC ("Developer"). 2. PROPERTY. a. The Developer is the owner of that certain parcel of land located at 1440 Ocean Drive and 1433 Collins Avenue, Miami Beach, Florida. b. The City is the owner of the Espanola Way East right-of way at 14th Place. 3. PROJECT. a. The City and the Developer intend to enter into a Development Agreement to improve that portion of the City right-of-way on 14th Place, lying between Collins Avenue and Ocean Drive ("the Project "). b. Except for the City Costs (as defined in 3(c) below), the Developer will pay all costs associated with the design, development, permitting, and construction of the Project, which shall include, but not be limited to, the following improvements: i. Modified pedestrian access way along 14th Place, from Collins Avenue to Ocean Court; ii. Landscaping along 14th Place/Espanola Way East, from Collins Avenue to Ocean Court; iii. Non-standard photovoltaic lighting, from Collins Avenue to Ocean Court; and iv. Remove the current bollard lighting on the sidewalk lying between Ocean Drive and Ocean Court, and replace the same with lighting integrated within or otherwise affixed to the north-side of the Betsy Hotel (for the purpose of illuminating the sidewalk). {Collectively, the Project improvements generally described in (b)(i)-(iv) above shall be referred to as the "Public Improvements"). Betsy Green Alley—Term Sheet June 8, 2016 Page-2 of 4 c. The total estimated cost of the Public Improvements is approximately $720,247 (inclusive of hard and soft costs) and broken down as follows: Demolition $ 10,000 Planting and Irrigation $ 47,640 Lighting (Nonstandard) $ 87,500 Drainage $135,000 Hardscape (including non- Standard pavers) $ 72,465 Underground Utility-FPL $ 165,000 Total Construction $517,605 Contract Administration(15%) $ 77,641 Administrative Fee (10%) $ 59,525 Contingency(10%) $ 65,477 Total' $ 720,247 d. The City shall contribute a maximum of $720,247 ("City Costs") toward the Developer's design, development, permitting, and construction of the Public Improvements. The City shall pay on a reimbursement basis. The City shall not be responsible for the disbursement of any sums in excess of the City Costs, except for City approved change orders. e. Developer shall: i. Design, develop, permit, and construct the Public Improvements. ii. Maintain and perform minor repairs of the Public Improvements for an initial term of ten (10) years, at the rate of up to $100,000 per year, for a maximum obligation toward that maintenance of$1,000,000, Developer shall be responsible for routine cleaning and repairs to the Public Improvements, but shall not be responsible for force majeure type repairs. iii. Notwithstanding (e)(ii above, Developer shall, at its sole cost and expense, maintain and perform all repairs and replacements, in perpetuity, relating to those Public Improvements that are defined by the parties in the Development Agreement, including, but not limited to the artistic elements generally described in subsection (eXiv) below; pavers; lighting; trash receptacles; and signage. The "non-standard improvements" shall be defined in the Development Agreement and shall also be subject to prior City review and approval. iv. Design, develop, construct and maintain [in accordance with (e)(ii) above] one or more artistic elements, which may include, but not be limited to a "poetry walk," or guardrail system embedded with poetry above the café with appropriate light illumination, for the benefit of the The total Public Improvements costs do not include approximately$200,000 in installation of new water and sewer lines. Betsy Green Alley—Term Sheet June 8, 2016 Page 3 of 4 public within or immediately adjacent to the Public Improvements, at a value of approximately $100,000. The artistic element(s) will be defined in the Development Agreement, and shall be subject to prior City review and approval. OTHER TERMS. a. The City shall have review over, and final approval of, the design and construction plans and specifications for the Public Improvements to ensure that the Improvements are designed to meet the City's needs and standards. The City shall require a copy of all actual cost estimates, plans, and construction related contracts prior to and during construction. b. The City shall also have review over, and final approval of, the non-standard improvements (as shall be defined in the Development Agreement, and the artistic elements referenced in subsection (3)(e)(iv). c. The City intends to install the water and sewer pipes, as well, as replace or repair all utilities within the City's right-of-way, prior to commencement of construction of the Public improvements. However, should the Public Improvements be installed prior-to the replacement of the water and sewer pipes, Developer shall execute a hold harmless agreement in favor of the City, since the Public Improvements may be removed when the water and sewer pipes are installed. Developer shall be required to re-install any non-standard improvements. d. The Developer shall deliver, for the City's review and approval, an estimated budget for the total cost (i.e. hard and soft costs) of the Public Improvements, which budget shall be based upon the City-approved design and construction plans and specifications. At its sole option and discretion, the City may retain a consultant (i.e. such as a professional cost estimator) to verify the Developer's total estimated cost, with the cost of the consultant to be paid for by the Developer. Developer shall provide copies of all actual costs and invoices. e. The Developer and the City will work cooperatively to seek approval of the design and development of the Public Improvements. The Developer will be responsible for submitting any required applications for development approvals, and for securing any and all final, non-appealable development approvals and permits. f. The Developer shall enter into a cost plus with a Guaranteed Maximum Price contract (GMP Contract) with a contractor (General Contractor) to construct the Public Improvements. It is the intent of the Developer to utilize GT McDonald, (who is already mobilized and building the Carlton Hotel) to construct the Public Improvements. All subcontractor and vendor trades will be competitively bid out. Betsy Green Alley—Term Sheet June 8, 2016 Page 4 of 4 Notwithstanding the above, the City shall have the right to review and approve the GMP Contract with the selected General Contractor prior to such Contract being executed between the Developer and General Contractor. The City shall be a third party beneficiary to the GMP Contract. g. The Developer shall cause its General Contractor to provide warranties, indemnities, and insurance in favor of the City. Prior to commencement of construction, the Developer shall cause the General Contractor to furnish the City with payment and performance bonds that identify City and the Developer as co- obligees. The General Contractor shall be required to obtain a Right-of-Way permit for construction. h. The Developer shall develop a plan for Public Improvements construction staging in order for access to the adjacent commercial areas to be continually maintained, with only minimal disruptions. Such plan shall be subject to the City's prior review and approval, which shall not be unreasonably withheld, conditioned or delayed. i. Final completion of the Public Improvements will occur within 18 months following execution of the Development Agreement. j. The Public Improvements must contain green elements, in order to qualify and be entitled to the City's "green alley" funds. Only those elements that qualify as "green"may be paid for out of the City's "green alley" fund. COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Accepting The Recommendation Of The Finance And Citywide Projects Committee And Approving A Term Sheet,Attached Hereto As Exhibit 1, For The Development Of A "Green Alley" At Espanola Way East/14th Place And Ocean Court; And Authorizing The Administration And City Attorney To Negotiate A Development Agreement Based Upon The Approval Of The Term Sheet. Key Intended Outcome Supported: Build and maintain priority infrastructure with full accountability Item Summary/Recommendation: Betsy Ross South Beach Hotel located at 1440 Ocean Drive (hereinafter the"Betsy Hotel"), and the Carlton South Beach Hotel located at 1433 Collins Avenue(hereinafter the"Carlton Hotel"),are owned by Betsy Ross Owner, LLC,a Delaware limited liability company authorized to do business in the State of Florida (hereinafter"Developer"). The Betsy Hotel and the Carlton Hotel are separated by a City public right-of-way known as Ocean Court,an alley that runs south to north parallel to Ocean Drive. The City previously granted an air rights easement to the Developer, for a pedestrian bridge over Ocean Court, and the Developer obtained design approval from the Historic Preservation Board for a"green alley"along Espanola Way East(City right-of-way known as 14th Place), and for Ocean Court. The City Commission set the value of the air rights easement as$240,000, which funds, once paid to the City, were to be designated for the design, development and construction of a"green alley". On May 20, 2016, the Finance and Citywide Projects Committee issued a recommendation to the City Commission to approve the Term Sheet, attached as Exhibit"1",to this Memorandum and Resolution, and for the City Administration and City Attorney to negotiate a final Development Agreement, based upon the approved Term Sheet with the Developer. THE ADMINISTRATION RECOMMENDS ACCEPTING THE RECOMMENDATION OF THE FINANCE COMMITTEE. Advisory Board Recommendation: Financial Information: Source of Amount Account Approved Funds: 1 OBPI Total Financial Impact Summary: City Clerk's Office Legislative Tracking: Eric Carpenter, Public Works X6012 Sign-Offs: Asst. Departme ector Assistant Cit nager/DPW City ager JJP ETC JLM T:\AGENDA\2016\June\Public Works\17th street alton ct-summary.docx • Agenda F MIAN\I BEACH Date 6-Y-/6 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 4if the City C(mmission FROM: Jimmy L. Morales, City Manager DATE: June 8, 2016 SUBJECT: A RESOLUTION OF THE MAYO'- AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE AND APPROVING A TERM SHEET, ATTACHED HERETO AS EXHIBIT 1, FOR THE DEVELOPMENT OF A "GREEN ALLEY" AT ESPANOLA WAY EAST/14TH PLACE AND OCEAN COURT; AND AUTHORIZING THE ADMINISTRATION AND CITY ATTORNEY TO NEGOTIATE A DEVELOPMENT AGREEMENT BASED UPON THE APPROVAL OF THE TERM SHEET. BACKGROUND Betsy Ross South Beach Hotel located at 1440 Ocean Drive (hereinafter the "Betsy Hotel"), and the Carlton South Beach Hotel located at 1433 Collins Avenue (hereinafter the "Carlton Hotel"), are owned by Betsy Ross Owner, LLC, a Delaware limited liability company authorized to do business in the State of Florida (hereinafter "Developer"). The Betsy Hotel and the Carlton Hotel are separated by a City public right-of-way known as Ocean Court, an alley that runs south to north parallel to Ocean Drive. The City previously granted an air rights easement to the Developer, for a pedestrian bridge over Ocean Court, and the Developer obtained design approval from the Historic Preservation Board for a "green alley" along Espanola Way East (City right-of-way known as 14th Place), and for Ocean Court. The City Commission set the value of the air rights easement as $240,000, which funds, once paid to the City, were to be designated for the design, development and construction of a "green alley". On May 20, 2016, the Finance and Citywide Projects Committee issued a recommendation to the City Commission to approve the Term Sheet, attached as Exhibit "1", to this Memorandum and Resolution, and for the City Administration and City Attorney to negotiate a final Development Agreement, based upon the approved Term Sheet with the Developer. CONCLUSION The Administration recommends accepting the recommendation of the Finance Committee. JLM/CM/WRB/EB T:WGENDA\2016\June\Public Works\17th street alton rd ct.docx