2004-25561 Reso
RESOLUTION NO. 2004-25561
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, FOLLOWING A DULY NOTICED PUBLIC
HEARING, APPROVING THE CREATION OF A TEMPORARY (NOT TO
EXCEED SIX (6) MONTHS) RESTRICTED RESIDENTIAL PARKING
PERMIT ZONE (ZONE 14/BELLE ISLE) ON A PORTION OF THE NORTH
AND SOUTH SIDES OF THE VENETIAN CAUSEWAY, BETWEEN ISLAND
AVENUE AND CENTURY LANE, TEMPORARILY ESTABLISHING
EIGHTEEN (18) ON-STREET PARKING SPACES, CONSISTING OF TWO
(2) HANDICAPPED SPACES FOR USE BY THE GENERAL PUBLIC AND
SIXTEEN (16) SPACES TO BE USED EXCLUSIVELY AS RESIDENTIAL
PARKING FOR THE VISTAS CONDOMINIUMS, LOCATED AT ONE
CENTURY LANE, AS A RESULT OF CONSTRUCTION IN SAID
CONDOMINIUM'S PARKING GARAGE AND POOL DECK WHICH WILL
RENDER THE GARAGE INOPERABLE AND INACCESSIBLE TO
RESIDENTS; PROVIDED FURTHER THAT THE APPROVALS GRANTED
IN THIS RESOLUTION ARE CONTINGENT UPON AND SUBJECT TO THE
CONDITIONS SET FORTH IN THIS RESOLUTION.
WHEREAS, the City received a request from homeowners of The Vistas
Condominiums, located at One Century Lane, requesting the establishment of on-street
parking spaces, and a temporary restricted residential parking zone on the Venetian
Causeway, between Century Lane and Island Avenue; and
WHEREAS, The Vistas Condominiums' parking garage and pool deck will undergo
renovations that will render those facilities, particularly the garage, temporarily inoperative
and inaccessible; and
WHEREAS, the proposed establishment of the proposed restricted residential
parking zone, establishing temporary on-street parking, will provide a temporary parking
remedy; and
WHEREAS, a publicly noticed workshop was held on April 7, 2004, with residents of
the affected areas, and said notices were distributed to residents within 375 feet of the
affected areas; and
WHEREAS, at the workshop, the Administration, through its Parking Department,
recommended the establishment of the proposed temporary restricted residential zone, with
the establishment of nine (9) on-street parking spaces on the north side of the Venetian
Causeway; and
WHEREAS, participants had an opportunity to review, comment, and provide input
toward the proposed temporary residential parking zone for the area; and
WHEREAS, a majority of the residents in attendance voted to proceed with
establishment of the proposed temporary residential parking zone, and further requested that
the Administration's recommendation for nine (9) on-street parking spaces on the north side
of the Venetian Causeway, be extended to eighteen (18) spaces, consisting of two (2)
handicapped spaces and sixteen (16) parking spaces to be used exclusively as residential
parking for The Vistas Condominium; with said total spaces to be provided on the north and
south side of the Venetian Causeway, between Island Avenue and Century Lane; and
WHEREAS, on February 2, 2004, and April 12, 2004, respectively, the
Transportation and Parking Committee (TPC) reviewed the Vistas Condominiums' request
for establishment of said temporary residential parking zone, with the eighteen (18) on-street
parking spaces, and endorsed the establishment of both; and
WHEREAS, on May 5, 2004, pursuant to Article II, entitled, "Metered Parking", of
the Miami Beach City Code, and Section 106-78, entitled, "Creation of Residential Parking
Area", the Mayor and City Commission held a public hearing to consider the creation of the
aforestated temporary restricted residential parking zone, on the north side of the Venetian
Causeway, between Island Avenue and Century Lane; and
WHEREAS, the Mayor and Commission approved the creation of the temporary
restricted residential parking zone, and approved the establishment of eighteen (18)
temporary parking spaces, consisting of two (2) handicapped spaces for use by the general
public, and sixteen (16) parking spaces for the exclusive use of The Vistas Condominium, on
the north and south sides of the Venetian Causeway, between Island Avenue and Century
Lane, subject to and contingent upon the following conditions:
Condition 1. The Vistas Condominiums Homeowners Association agrees to
indemnify and hold the City harmless against any and all claims which might arise from
its exclusive use of the subject on-street parking spaces; said hold harmless and
indemnification shall be in an agreement in a form and manner acceptable to the City
Manager and City Attorney. Further, the Vistas Condominium Homeowner's
Association shall name the City of Miami Beach as an additional insured with regard to
liability insurance coverage regarding its exclusive use for the spaces;
Condition 2. The duration of the restricted residential parking zone and use of the on-
street spaces is not to exceed six months from the date of adoption of this Resolution;
however, if additional time is needed, the Vistas Condominiums Homeowners
Association shall make a written request to the City for an extension of time, prior to
expiration of the six (6) month term, and such request for extension shall be brought to
the Mayor and City Commission at a regularly scheduled meeting, for its consideration;
Condition 3. Any and all proposed street improvements (above or below grade) are to
proceed without impediment as a result of this action;
Condition 4. Notwithstanding the action taken in this Resolution, the Administration
retains the right to terminate both the temporary restricted residential parking zone
created herein, as well as to terminate The Vistas Condominiums' use of all or a portion
of the sixteen (16) on-street parking spaces, as set forth herein, at any time, without
cause and for its convenience. In the event the City Administration determines to
revoke the temporary parking zone and/or terminate use of all or a portion of the
eighteen (18) parking spaces, it shall provide The Vistas Condominiums with prior
written courtesy notice of same.
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, following
a duly noticed public hearing, approve the creation of a temporary (not to exceed six (6)
months) restricted residential parking permit zone (Zone 14/Belle isle) on a portion of the
t
north and south sides of the Venetian Causeway, between Island Avenue and Century Lane,
temporarily establishing eighteen (18) on-street parking spaces, consisting of two (2)
handicapped spaces for use by the general public and sixteen (16) spaces to be used
exclusively as residential parking for The Vistas Condominiums, located at One Century
Lane, as a result of construction in said Condominium's parking garage and pool deck which
will render the garage inoperable and inaccessible to residents; provided further that the
approvals granted in this Resolution are contingent upon and subject to the conditions set
forth in this Resolution.
PASSED AND ADOPTED this 5th
,2004.
ATTEST:
~ ,9" ~..
CITY CLERK ~
JMG/CMC/SF
T:\AGENDA \2004IMay52004Iregularlvistas.res.doc
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
~2- ~MVoY
~ UlU
CITY OF MIAMI aEACH
COMMISSION ITEM SUMMARY
m
-
Condensed Title:
A resolution approving the temporary establishment of nine (9) on-street parking spaces and a restricted
residential parking program, both not to exceed six months, for the Vistas Condominiums Homeowners on
the north side of the Venetian Causeway between Island Avenue and Century Lane.
Issue:
Should nine (9) temporary on-street parking spaces and a temporary restricted residential parking zone be
created for the residents of The Vistas Condominiums?
Item Summa IRecommendation:
The Vistas Condominiums' pool deck and parking garage will undergo renovations that will render their 87
space garage useless during its renovations displacing residents and visitor parking. On February 25, 2004,
the Mayor and Commission approved a resolution establishing a parking emergency due to their ~arking
structure's renovations and allowed for the use of the vacant lot, located on the 1200 block of 17' Street
(Housing Authority Lot) for the purpose of providing temporary parking for residents. This temporary parking
lot will provide 40 to 50 parking spaces and partially alleviate their parking shortfall. The Administration held
a publicly noticed workshop on April 7, 2004, with affected residents to receive input and comments regarding
the establishment of a temporary residential parking program by temporarily establishing nine (9) on-street
parking spaces on the north side of the Venetian Causeway between Island Avenue and Century Lane. At the
workshop, a majority of the participants voted to proceed with the establishment of said on-street parking
spaces and the temporary restricted residential parking program. Moreover, residents requested that an
additional nine (9) spaces be established on the south side of the block for a total of 18 on-street parking
spaces. The Administration has recommended nine (9) on-street spaces on the north side of the Venetian
Causeway which is closest to the Vistas Condominiums as allowing additional parking spaces on the south
side of the Venetian Causeway raises the following safety concerns: (1) encourages mid-block pedestrian
crossin and 2 width of the bic cle ath is narrowed.
Adviso Board Recommendation:
The Transportation and Parking Committee endorsed the recommendation at their regularly scheduled
meeting held on Monday, February 2, 2004, and endorsed the establishment of 18 on-street parking
spaces (nine on the north side and nine on the south side) on the Venetian Causeway between Island
Avenue and Centu Lane.
Financial Information:
Amount to be expended:
D
Finance Dept.
Source of
Funds:
T:\AGENDA\2004\APRI L 14\consent\RESIPUBLlCHEARINGVIST ASCONDOS.SUM.doc
AGENDA ITEM
DATE
R7C
b-5--~l(
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.ci.miami-beach.fl.us
~
COMMISSION MEMORANDUM
To:
Subject:
Mayor David Dermer and Date: May 5, 2004
Members of the City Commission
Jorge M. Gonzalez O~
City Manager 0 PUBUC HEARING
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING THE CREATION OF A TEMPORARY
RESTRICTED RESIDENTIAL PARKING PERMIT ZONE (ZONE 14/BELLE ISLE)
ON THE VENETIAN CAUSEWAY BETWEEN ISLAND AVENUE AND CENTURY
LANE; AND TEMPORARILY ESTABLISH NINE (9) ON-STREET PARKING
SPACES TO SERVE AS RESIDENTIAL PARKING.
ADMINISTRATION RECOMMENDATION
From:
Adopt the Resolution.
ANALYSIS
The City of Miami Beach Parking Department received a request from the Vistas'
Condominiums HOA (Home Owners Association), located at One Century Lane,
requesting the establishment of a temporary restricted residential parking zone for their
respective residents. The Vistas' pool deck and parking garage will undergo
renovations that will render their 87 space garage useless during its renovations
displacing residents and visitor parking. On February 25, 2004, the Mayor and
Commission approved a resolution establishing a parking emergency due to their
parking structure's renovations and allowed forthe use ofthe vacant lot, located on the
1200 block of 17th Street (Housing Authority Lot) for the purpose of providing temporary
parking for residents. This temporary parking lot will provide 40 to 50 parking spaces
and partially alleviate their parking shortfall.
In furtherance of this relief, the Vistas is requesting to temporarily establish on-street
parking on the Venetian Causeway between Century Lane and Island Avenue to
provide parking within close proximity of the residences for loading/unloading of
passengers and/or goods/services; disabled and/or temporary disabled parking; and
visitor parking. This would allow for nine (eight parking spaces and one disabled space)
on-street parking spaces on the north side of the Venetian Causeway between Island
Avenue and Century Lane. The Venetian Causeway is a Miami-Dade County road and
this temporary allowance of on-street parking has been approved by the County. In
addition, the Vistas has committed to funding the costs of the improvements as well as
the cost of returning the area to its original condition through the use of the residential
parking program. This accommodation would be needed for approximately six (6)
months; however, should the renovations to their parking garage not be completed
within this time frame, the Vistas would need to seek an extension of this
accommodation. The six month interval would commence upon completion of the
May 5, 2004
Commission Memorandum
Vistas Temporary On-street Parking/Residential Program
Page 2 of 2
modifications to the roadway.
The Administration held a publicly noticed workshop at 6:00 P.M. on Wednesday, April
7, 2004, with residents of the affected areas. A total of seven (7) residents from various
addresses on Belle Isle attended the workshop despite extensive notification efforts,
including direct mail to all residents within 375 feet of the affected areas. Participants
had an opportunity to review, comment, and provide input towards the proposed
temporary residential parking program. As a result, a majority of the residents in
attendance concurred with the proposed on-street parking plan and residential program
as a temporary solution. Moreover, residents requested that an additional nine (9)
spaces be established on the south side of the block for a total of 18 on-street parking
spaces. The Administration has recommended nine (9) on-street spaces on the north
side of the Venetian Causeway which is closest to the Vistas Condominiums as
allowing additional parking spaces on the south side of the Venetian Causeway raises
the following safety concerns:
. Encourages mid-block pedestrian crossing
. Width of the bicycle path is narrowed
The City's Transportation and Parking Committee endorsed this recommendation at
their regularly scheduled meeting held on Monday, February 2, 2004. The issue of
temporarily establishing nine (9) on-street parking spaces on the north side of the
Venetian Causeway was discussed on Monday, April 12, 2004. The TPC endorsed the
request and endorsed maximizing the availability of parking on the block by establishing
an additional nine (9) spaces on the south side of the street for a total of 18 on-street
parking spaces. Therefore, pursuant to Article II, entitled, "Metered Parking", of the
Miami Beach City Code, Chapter 106-78, entitled, "Creation of residential parking area",
the Mayor and City Commission must hold a public hearing to consider the
establishment of a [temporary] residential parking zone for the Vistas Condominiums
Homeowners, located at One Century Lane.
CONCLUSION
The Administration recommends that the Mayor and Commission approve a resolution
to create a temporary residential parking permit zone (Zone 14/Belle Isle) for the Vistas
Condominiums' residents and temporarily establish nine (9) on-street parking spaces
on the north side of the Venetian Causeway between Island Avenue and Century Lane,
as described herein.
fK
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Minutes of the meeting of the Belle Isle Condo/Co-op Association
3/17/04
In attendance: Mimi Caro, Chris Carver, Pat DeCredico, Richard Freeman, Ted
Goldstein, Keith Hark, Luis Marcelin, Molly Mervis, Libby Strauss, Irv Winston,
Barbara and Herb Frank.
Absent: Jack Hartley, 16 Island Ave.
After introductions of several new representatives the meeting began with an
update of activities by Barbara Frank in which she explained the formation of a
group called South Beach Residents Association. This group is made up of 7
neighborhood associations. Its mission is: "To preserve and enhance the quality
of life for residents in all neighborhoods of South Beach by joining together to
ensure that residential interests are effectively represented in city government".
Following a through discussion about this new organization it was agreed that
the Belle Island Condo Assoc. should become a member of this group with the
understanding that it is not to become our main effort although we wish to
support its efforts.
It was unanimously agreed that we should be registered as an association with
Miami Beach City and that we would alter the name of this association to Belle
Isle Condo/Co-op Association since 3 Island Ave. is a Co-op not a Condo.
The following Mission Statement for the Belle Isle Condo/Co-op Association was
approved and it is: "To enhance the quality of life for the residents of Belle Isle.
The Association will be concerned with safety, security, traffic control, ease of
parking, noise control, park beautification, cleanliness and open spaces for all the
residents".
Everyone was in favor of the Association being managed by a Board composed
of condo/co-op council members of the 8 Condo/Co-ops on Belle Isle or their
designated representatives.
It was agreed that after the Board determines the action priorities, all residents
of the buildings will be notified of the formation of this Association along with a
list of planned action. At that point all residents would be entitled to express
their opinions, concerns and wishes toward achieving the Association's Mission.
Following is a list of the topics that were mentioned to be included in the initial
efforts of the Association. The Board members were asked to prioritize this list
and forward it to Herb Frank in order to determine a plan to be presented at the
next meeting. Please forward this to Herb by 4/10/04.
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2.
Development of an interactive website for the Association communications.
Develop a list of topics and needs to discuss with the Mayor of M. B.
Parking needs of the community.
Traffic control and flow.
Drainage of excessive rain fall.
Concerns about the activities and noise level at Lido Spa
Park usage and reconfiguration.
Security and Police activities.
Road Conditions.
Sidewalk maintancence and Conditions.
Traffic and crosswalks on Bridge and 17th Street.
New Business:
It was agreed to table the discussion about funding the Association until needed.
It was suggested that each building look into expanding its own parking.
Luis and Chris explained the parking situation of the Vistas and obtained the
cooperation from the Board for the period of about 9 months while repafrSare
being'made.
The next meeting of the Association will be at 7.30 PM on April 20, 2004 in the
conference room in 9 Island Avenue.
Attachment: Updated contact list
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BELLE ISLE CONDOMINIUMS/CONTACTS
Grand Venetian 10 Venetian Way 3056720124
Carlos Sanchez, Property Manager 305 672 0966 Fax 305 872 0920
Email 9.~ai1l!..lJ..ez@t_~.e.~e~~_!!.,tLeJ
Keith Hark, Board President Unit # 2305 3055322961
Emall 11.Jrkke@aol.com Fax None
Belle Plaza 20 Island Ave 3055387221 Fax 3055380465
Nestor Blanco, Property Manager Email !!p.l<!~i!.@!!1!!.:beach.net
Robert Dattoll, Board President Unit #1009 3055319757
Emall !l!J.;!.tt9'.i@l~_e-beach.nel Fax None
Gary Soren Board Member, Representative to Condo Assoc.
Office: 305 534 2379 Cell 305 4014905
Email gas51013@aol.com
Belle Towers 16 Island Ave 3055385418 Fax 3055341828
Leslie Janowitz, Property Manager Emall belleto)N.~r.s.@lJhll.:~~<l.~Al~t
Jack Hartley, Board President Unit # 2D 305 532 6060
Emai! same as above Fax 305534 1828
Costa Bravo 11. Island Ave 3055326397 Fax 3055325759
Gladys F. Large, Property Manager Email cbrava@the-beach.net
Richard Freeman, Board President Unit #711 3055385666
Emai! fli~(1qa_nk@?l.tt.!1et Fax None
Nine Island 9 Island Ave 305672 1204 Fax 3056738512
Neal Adlor, Property Manager Ext 228 Email !lli1dler@bellsouth.net
LIllian (Libby) Strauss, Board President Apt # 1808 3055320908
Ted Goldstein Email T2RG@aol.com Phone # 3055347858
Island Terrace 5 Island Ave 3056725012 Fax 3055342724
Rodrigo BU5chiano. Property Manager Emall IslandS@stls.net
Stephen Pholps. Board President Unit #SH 3057426173 Cell 305 5382777
Pat DcCrodico, Board Member Phone 7862765880 Emall Sdecredlco@yahoo.com
Terrace Towers 3 Island Avo 3055327721 Fax 3055327601
Stelle Gutierrez, Property Manager Emal! terracetower@tho-boach.net
Irv Winston, Board President Unit 81 305 532 8565
Emall None Fax None
The Vistas 1 Century Lane 305 534 0260 Fax 305
AlexTukh, Property Manager Email i!!"1!.~.h~!.j:!ilc.com
9549223514 Fax 9549229199
Chris Carver, Board President Unit # 606 3056729277
Emall tC.'!.r!etIYa~eYr.lan-,C()lTl Cell 3057988899 Fax None
Luis Marcelln, Seety & Treas. Email hljsmarce)ll1@i:!9Jmail.com
Phone 305 593 1183 Fax 3055930252
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NOTICE IS HEREBY given that a 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, May 5, 2004,
at 5:01 p.m., to consider the temporary establishment of nine (9)
on-street parking spaces and a temporary restricted residential
parking program, not to exceed a term of six months, for the Vistas
Condominium, located at One Century Lane. The parking program
to be established on the Venetian Causeway, between Century
Lane and Island Avenue.
CITY OF MIAMI BEACH
NOTICE OF A PUBLIC HEARING
. Inquiries may be directed to Parking Department (305)673-7505.
INTERESTED PARTIES are invited to appear at this meeting, or be
represented by an agent, or to expres!l their views in writing
addressed to the City Commission, c/o the City Clerk, 1700
Convention Cente~ Drive, 1 st Floor, City Hall, Miami Beach, Florida
33139. This meeting may b.e continued and under such
circumstances additional legal nOtice would not be provided.
Robert E. Parcher, City Clerk
City of Miami Beach
PUflIuant to Section 286.0105. Fla. Stat.. the City hereby advises the public that: ff 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 pet:son must ensure that a
verbatim record of the proceedings is made, which record Includes the testimony and
evidence upon which the appeal is to be based. This notice does not constitute consent
by the City for the introduction or admission of otherwise inadmissible or irrelevant
evidence, nor does it authorize challenges or appeals not otherwise allowed 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 contact 305-604-2489 (voice) or
305-673-7218 (TrY) five days in advance to ini1iate your request. T1Y users may also
call 711 (Florida Relay Service).
Ad #0256
APR-15-2004 03:45PM FROM-TEW CARDENAS REBAK
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TEW. CARDENAS LLP
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l~MPd19" Fuente
WRrreJ.'S OM.CT llNtl
(305) 539-2114
lHIN.L.
B<ltYa)tewlaw.com
MIAMI CENTER.. 26TH fLOOR
201 S. BISCAYNE BOULEVARD
MlMlI, FLORIDA 31131-~336
T 305.536.1112
F 305.53&.1116
WWW.T~Wl.AW.COM
April 15, 2004
VIA FACSIMILE & U.s. MAIL
Saul Frances
Parking Director
City of Miami B.::ach
1130 Washington Avenue
Slh Floor
Miami Beach, FL 33139
(305) 673-7853
Re: The Vistas: Supporr/or Temporary P"rking 0/1 (he Veneria/1 Causeway by Island
Terrace (5 island Avenue)
Our FileNo' 75712,()iJ2
Dear Saul:
The Vistas has obtained the support of Island Terrace (5 Island Avenue) forthe temporary
parking along th.: Venetian Causeway. I enc lose a copy of the endorsement for your reference to he
included in the Commission packet for this item.
Please call if you have any questions, and thank you for your assistance.
SEJeL,
~I.a Fuente
For the Firm
cc: Commissioner Saul Gross (wiencl.. via U.S. Mail)
ChristOpher Carver. Esq. (via U.S. !'vfail)
Sman Grossman, Esq,
..11)1\.1^ 1M I"IOLJM,\ 1M 1/\ML4()j 773. I
T~W (;"'RP~N"'S RfB....K KU.l.OC" l.EHMAN O~MARL'" TAcuE RAYMON/) &0 l.EVINE
APR-15-2004 03:45PM FROM-TEW CARDENAS RE8AK +3055361116
lSLAND .
TERRACE
T-iOZ P 003/003 F-Z8Z
CONDOMINIUM ASSOCIATlON.INC.
5 bland Avenue
Urlle !sIr
Millmllleach, FL 33139
The Vistas
1 Century Lane
Miami Beach Florida 33139
Attention: Mr. Chris Carver, President Board of Director
April 5, 2004
To Whom It May Concern:
We support the opportunity for the residents of the Vistas to be
able to temporarily park on 17th Street which is also called
Venetian parallel to Island Avenue while their parking facilities are
under going repairs. We understand that this parking on the street
will be used to accommodate the residents with special needs.
Cc: Alex Tukh, Property Manager
Luis Marcelline, Treasurer and Secretary, Board of Directors
A?~~~-~
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VlENlE1'[AN
March 18, 2004
To Whom It May Concern:
On behalf of the members of The Grand Venetian Condominium Association, Inc., I am
"""iting to request tl-~at the City cfMiami B~ach gran~ and appro'vc a.,y reque3ts which
might ease parking for our neighbors at The Vistas while their garage is under re-
construction.
Further, we would be equally supportive of any proposals that might provide additional
street-side parking along the Venetian Causeway, on a temporary basis, for [he residents
at The Vista;;.
Fed free to contact me should you have any questions with regard to this matter.
Respectfully,
. ,/ .f ~I /
"IL' '/.."-- "-..J.L,.-
Keith Hark
President,
The Grand Venetian Condominium Association. Inc.
10 Venecian \'V'ay + Miami Beach, Florida 33139 · 305672.0966 · Fax 305.672.0920
03-2472004 11 :09AM FROM-TEW CARDENAS REBAK
+3055361116
T-588 P 002/006 F-252
TEw. CARDENAS LLP
March 24, 2004
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Wkrrn's ptnc:r ll.'iE:
305.536-8215
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201 S. BISCAYNE BOUu::VARD
MIAMI, FLORID.o\33L31-H36
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AYTORNEY., Al. l.o\W
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Conunissioner Saul Gross
Office of the Mayor and Conunissioners
City of Miami Beach
1 700 Convention Center Drive
Miami Beach, FL 33139
Re: The Vistas Condominium Association, Inc.
Dear Commissioner Gross:
Thank you for speaking wi th me regarding the Vistas' emergency parking situation. We also
wanted to be sure that our Belle Isle neighbors are in agreement with the emergency parking plan.
To that end, we have reached out to the other associations and we are happy to report that our
neighbors support our plan.
Please find enclosed correspondence from the Belle Isle Condo/Co-oP Association (made
lil' ofthe Grand Venetian, Belle Plaza, Belle Towers, Costa Brava, 9 Island, Island Terrace and the
Vistas) approving the emergency parking; on the Venetian Causeway for the Vistas' residents only.
Additionally, the Vistas has received an mdependent approval from the Gra.nd Veneti,m.
Please let us know whether thesc written approvals satisfy YO\II concerns. I look forward to
your response and should you have any questions or conunents, please do nOl hesitate to comact me.
SIG:ksh
Enclosures
cc: Christopher Carver
Saul Frances
::ODMA\MHODMA\JI,lIAM1;401717.l
TEW CAR.DEN....S REBAK KEl.LOCC LEHMAN DEMARIA TACUE Jl.J\YMO"n &. LEVINf:
OFFICE OF THE CITY ATTORNEY
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MURRAY H. DUBBIN
City Attorney
Telephone:
Telecopy:
(305) 673-7470
(305) 673-7002
June 21, 2004
Bob de la Fuente, Esquire
Tew Cardenas Rebak Kellog
DeMaria Tague Raymond &
Levine, L.L.P.
201 So. Biscayne Blvd. 26th Floor
Miami, Florida 33131
Re: City of Miami Beach Resolution No. 2004-25561/Creation of Temporary (not
to exceed six (6) months) Restricted Residential Parking Permit Zone (Zone
14/Belle Isle), Temporarily Establishing Use of Eighteen (18) On-Street
Parking Spaces for Vistas Condominium, One Century Lane, Miami Beach,
Florida
Dear Mr. De La Fuente:
This letter is transmitted to you as counsel for The Vistas Condominium Association, Inc.
As you know, following a duly noticed public hearing, at its regular meeting of May 5th,
2004, the Mayor and City Commission approved Resolution No. 2004-25561 (the
Resolution), which approved the creation of a temporary (not to exceed six (6) months)
Restricted Residential Parking Permit Zone (Zone 14/Belle Isle) on a portion of the north
and south sides of the Venetian Causeway, between Island Avenue and Century Lane,
temporarily establishing eighteen (18) on-street parking spaces (the Parking Spaces),
which consist of two (2) handicapped parking spaces for the use of the general public on
a first come first served basis, and sixteen (16) parking spaces which will serve as
residential parking for the exclusive use of The Vistas Condominium, located at One
Century Lane, as a result of construction in The Vistas Condominium's parking garage
and pool deck. The aforestated Resolution was approved subject to and contingent upon
the conditions set forth therein; a copy of the Resolution is attached hereto and
incorporated herein as Exhibit "A".
This Letter Agreement addresses and memorializes the agreement between the City
and The Vistas Condominium Association, Inc. (The Vistas) as to that certain condition
in the Resolution, wherein, as a condition to the City Commission's approval of the
Resolution, and the creation of the aforestated temporary Restricted Residential Parking
Permit Zone, The Vistas agrees to indemnify and hold harmless the City as set forth
below.
1700 Convention Center Drive -- Fourth Floor - Miami Beach, Florida 33139
The Vistas agrees that it will indemnify, hold and save the City, its officers, agents,
contractors and employees whole and harmless and, at the City's option, defend same,
from and against all claims, demands, actions, damages, loss, costs, liabilities,
expenses and judgments of any nature recovered from or asserted against the City on
account of injury or damage to person or property, to the extent that any such damage or
injury may be incident to, arise out of, or be caused, either proximately or remotely,
wholly or in part, by an act, omission, negligence, or misconduct on the part of (i) The
Vistas, or any of its agents, servants, employees, contractors, patrons, guests, licensees
or invitees; (ii) residents, agents, servants, employees, contractors, patrons, guests,
licensees or invitees of The Vistas Condominium; or (iii) of any other person, entering
upon or utilizing the Parking Spaces, to be used by The Vistas, as contemplated by the
Resolution.
The Vistas further covenants and agrees that in case the City shall be made party to any
litigation against The Vistas, or in any litigation commenced by a party against any party
other than The Vistas relating to The Vistas' use of the Parking Spaces as contemplated
by the Resolution, then The Vistas shall and will pay all costs and expenses, including
reasonable attorney's fees and court costs, incurred by or imposed upon the City by
virtue or any such litigation.
These terms of indemnification shall be effective unless such damage or injury may
result from the sole negligence, gross negligence or willful misconduct of City. This
indemnification shall not be effective regarding the two (2) handicapped Parking Spaces
that are not for the exclusive use of the Vistas. Further, nothing contained herein shall
waive the City's sovereign immunity pursuant to Chapter 768.28, Florida Statutes.
Notwithstanding this indemnification, and as a further condition precedent to being
permitted to use the Parking Spaces, The Vistas shall, at its sole cost and expense,
comply with all of the following insurance requirements of the City:
Commercial General Liability Insurance, on an occurrence form, in the amount of
two million ($ 2,000,000) Dollars per occurrence for bodily injury, death, property
damage, and personal injury. This policy must name the City of Miami Beach as
additional insured.
It is agreed by the parties that The Vistas shall provide proof of the following insurance
coverage to the City prior to its commencement of use of the Parking Spaces, as
contemplated by the Resolution. It is understood and agreed that any coverage
provided by The Vistas is primary to any insurance or self-insurance program the City
has for the Parking Spaces (if any), and The Vistas and its insurance shall have no right
of recovery or subrogation against the City. All policies must be issued by companies
authorized to do business in the State of Florida and assigned a rating of B+VI or better,
per Best's Key Rating Guide, latest edition. Additional insurance coverage, as
determined by the City's Risk Manager, may be required pursuant to the indemnity/hold
harmless set forth in this Letter Agreement.
Additionally, the parties herein, acknowledge and agree that, at any time during the term
of this Letter Agreement and of The Vistas use of the Parking Spaces, should The Vistas
require the exclusive use of less than the sixteen (16) Parking Spaces provided herein, it
shall provide the City, through its Parking Department, with thirty (30) days prior written
OFFICE OF THE CITY ATTORNEY .1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
notice of same, and the parties agree that this Letter Agreement shall be amended, in
writing, accordingly.
If the aforestated terms and conditions meet with your approval, please have the duly
authorized representatives of The Vistas Condominium Association, Inc. acknowledge,
execute and attest to same in the spaces provided below. Upon execution by the City,
we will forward a fully executed copy to your office for your client's records. This Letter
Agreement shall be enforceable in Miami-Dade County, Florida and if legal action is
necessary by any party with respect to the enforcement of any and all the terms and
conditions herein, exclusive venue for the enforcement of same shall lie in Miami-Dade
County, Florida.
vyourn,w\-"
Raul J. AgUS
First Assistant City Attorney
c: Christina Cuervo, Assistant City Manager
Saul Frances, Parking Director
Robert Parcher, City Clerk
I have read this Letter Agreement and, fully understanding same, agree to be bound by
the terms and conditions contained herein.
The Vistas Condominium Association, Inc. City of Miami Beach
By: eJ/'L
President
C "',t.~""''T .>,.w.... 5. C 4C.\lla","
Print Name
By: ~~~ C~rH
Jorge M. nzalez
City Manager
Attest"bAt),{j~
secret1\e G
fit'/- 11M 0
Print Name
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
OFFICE OF THE CITY ATTORNEY -1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139