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HomeMy WebLinkAbout2001-24540 RESO RESOLUTION NO. 2001-24540 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A SUPPLEMENTAL PARKING AGREEMENT AND A REVOCABLE LICENSE AGREEMENT AMONG MURANO TWO, LTD., A FLORIDA LIMITED PARTNERSHIP, MURANO THREE, LTD., A FLORIDA LIMITED PARTNERSHIP, SUN & FUN, INC., A FLORIDA CORPORATION, BEACHW ALK DEVELOPMENT CORPORATION, A FLORIDA CORPORATION, AZURE COAST DEVELOPMENT, LTD., A FLORIDA LIMITED PARTNERSHIP, EAST COASTLINE DEVELOPMENT, LTD., A FLORIDA LIMITED PARTNERSHIP, AND SANDPOINT FINANCIAL, LTD., A FLORIDA LIMITED PARTNERSHIP; THE CITY OF MIAMI BEACH, FLORIDA, THE MIAMI BEACH REDEVELOPMENT AGENCY, AND MIAMI BEACH MARINA ASSOCIATES, LTD., A FLORIDA LIMITED PARTNERSHIP, AND AN AMENDED AND RESTATED PARKING SUBLICENSE AMONG THE CITY OF MIAMI BEACH, THE CITY OF MIAMI BEACH REDEVELOPMENT AGENCY AND MIAMI BEACH MARINA ASSOCIATES, LTD.; AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DECLARATION OF RESTRICTIVE COVENANTS IN LIEU OF UNITY OF TITLE WITH RESPECT TO THE FEDERAL TRIANGLE PARCEL IN ORDER TO PROVIDE FOR THE UNITY OF TITLE REQUIRED TO SUBMIT AN APPLICATION TO THE PLANNING BOARD FOR APPROVAL OF THE PROPOSED VEHICULAR AND PEDESTRIAN INGRESS AND EGRESS TO THE ALASKA PARCEL FOR REPLACEMENT PARKING FOR THE MIAMI BEACH MARINA. WHEREAS, in connection with the actions taken by the Miami Beach Redevelopment Agency pursuant to Redevelopment Agency Memorandum No. 01-39 on the date hereof, it is necessary and desirable for the Mayor and City Commission to approve the execution of a Declaration of Restrictive Covenants in Lieu of Unity of Title with respect to the Federal Triangle Parcel in order to provide for the unity of title required to submit an application to the Planning Board for approval ofthe proposed vehicular and pedestrian ingress and egress to the Alaska Parcel for replacement parking for the Miami Beach Marina and to also approve execution of a Supplemental Parking Agreement And a Revocable License Agreement Among Murano Two, Ltd" T,\AGENDA\2.001\JULl801\REGutAR\UNITY OF TITLE RESOLUTlON.WPD ,J- a Florida Limited Partnership, Murano Three, Ltd., a Florida Limited Partnership, Sun & Fun, Inc., a Florida Corporation, Beachwalk Development Corporation, a Florida Corporation, Azure Coast Development, Ltd., a Florida Limited Partnership, East Coastline Development, Ltd., a Florida Limited Partnership, and Sandpoint Financial, Ltd., a Florida Limited Partnership; the City of Miami Beach, Florida, the Miami Beach Redevelopment Agency, and Miami Beach Marina Associates, Ltd" a Florida Limited Partnership, and an Amended And Restated Parking Sublicense among the City of Miami Beach, the City of Miami Beach Redevelopment Agency and Miami Beach Marina Associates, Ltd. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, that the Mayor and City Clerk are hereby authorized to execute a Supplemental Parking Agreement and a Revocable License Agreement among Murano Two, Ltd" a Florida Limited Partnership, Murano Three, Ltd., a Florida Limited Partnership, Sun & Fun, Inc., a Florida Corporation, Beachwalk Development Corporation, a Florida Corporation, Azure Coast Development, Ltd., a Florida Limited Partnership, East Coastline Development, Ltd., a Florida Limited Partnership, and Sandpoint Financial, Ltd" a Florida Limited Partnership; the City of Miami Beach, Florida, the Miami Beach Redevelopment Agency, and Miami Beach Marina Associates, Ltd., a Florida Limited Partnership, and an Amended and Restated Parking Sublicense among the City of Miami Beach, the City of Miami Beach Redevelopment Agency and Miami Beach Marina Associates, Ltd.; and authorizing the Mayor and City Clerk to execute a Declaration of Restrictive Covenants in Lieu of Unity of Title with respect to the Federal Triangle Parcel in order to provide for the Unity of Title required to submit an application to the Planning Board for approval of the proposed vehicular and pedestrian ingress and egress to the Alaska Parcel for replacement parking for the Miami Beach Marina. Passed and adopted this 18th day of July ,2001. I MAYOR ATTEST: ~dP~ CITY CLERK. CIlr l.t 11..- 77fp-d! ~~ .. T:\AOENDA\20011JUL 18011lU!GULAR\UNlTY 01' TITLE ilESOLUTlON.WPD CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIOA 33139 http:\\ci.miami-beach.f1.us TO: FROM: SUBJECT: COMMISSION MEMORANDUM NO. 50(, -0 I Mayor Neisen O. Kasdin and Members of the City Commission Jorge M. Gonzalez~ City Manager Il... DATE: July 18, 2001 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A SUPPLEMENTAL PARJaNG AGREEMENT AND A REVOCABLE LICENSE AGREEMENT AMONG MURANO TWO, LTD., A FLORIDA LIMITED PARTNERSHIP, MURANO THREE, LTD., A FLORIDA LIMITED PARTNERSHIP, SUN & FUN, INC., A FLORIDA CORPORATION, BEACHWALK DEVELOPMENT CORPORATION, A FLORIDA CORPORATION, AZURE COAST DEVELOPMENT, LTD., A FLORIDA LIMITED PARTNERSHIP, EAST COASTLINE DEVELOPMENT, LTD., A FLORIDA LIMITED PARTNERSHIP, AND SANDPOINT FINANCIAL, LTD., A FLORIDA LIMITED PARTNERSHIP; THE CITY OF MIAMI BEACH, FLORIDA, THE MIAMI BEACH REDEVELOPMENT AGENCY, AND MIAMI BEACH MARINA ASSOCIATES, LTD., A FLORIDA LIMITED PARTNERSHIP, AND AN AMENDED AND RESTATED PARKING SUBLICENSE AMONG THE CITY OF MIAMI BEACH, THE CITY OF MIAMI BEACH REDEVELOPMENT AGENCY AND MIAMI BEACH MARINA ASSOCIATES, LTD.; FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DECLARATION OF RESTRICTIVE COVENANTS IN LIEU OF UNITY OF TITLE WITH RESPECT TO THE FEDERAL TRIANGLE PARCEL IN ORDER TO PROVIDE FOR THE UNITY OF TITLE REQUIRED TO SUBMIT AN APPLICATION TO THE PLANNING BOARD FOR APPROVAL OF THE PROPOSED VEHICULAR AND PEDESTRIAN INGRESS AND EGRESS TO THE ALASKA PARCEL FOR REPLACEMENT PARKING FOR THE MIAMI BEACH MARINA. RECOMMENDATION: Adopt the Resolution. AGENDA ITEM --.R15 DATE /-{K-(J' July 18, 2001 Commission Memorandum Environmental Remediation Costs for SSD1-North Page 2 ANALYSIS: In connection with the actions taken by the Miami Beach Redevelopment Agency pursuant to Redevelopment Agency Memorandum No. 01-39 on the date hereof, it is necessary and desirable for the Mayor and City Commission to approve the execution of a Supplemental Parking Agreement And a Revocable License Agreement Among Murano Two, Ltd., a Florida Limited Partnership, Murano Three, Ltd., a Florida Limited Partnership, Sun & Fun, Inc., a Florida Corporation, Beachwalk Development Corporation, a Florida Corporation, Azure Coast Development, Ltd., a Florida Limited Partnership, East Coastline Development, Ltd" a Florida Limited Partnership, and Sandpoint Financial, Ltd., a Florida Limited Partnership; the City of Miami Beach, Florida, the Miami Beach Redevelopment Agency, and Miami Beach Marina Associates, Ltd" a Florida Limited Partnership, and an Amended And Restated Parking Sublicense among the City of Miami Beach, the City of Miami Beach Redevelopment Agency and Miami Beach Marina Associates, Ltd.; further authorizing the Mayor and City Clerk to execute a Declaration of Restrictive Covenants in Lieu of Unity of Title with respect to the Federal Triangle Parcel in order to provide for the unity oftitle required to submit an application to the Planning Board for approval of the proposed vehicular and pedestrian ingress and egress to the Alaska Parcel for replacement parking for the Miami Beach Marina. In November 1995, the City of Miami Beach, the Miami Beach Redevelopment Agency and the Porto fino Group entered into a Development Agreement which was terminated in June 1997. In October ]998, the parties entered into a Settlement Agreement that transferred the deed to SSDI- North (which was held in escrow) to West Side Partners, Limited and sets forth the obligations of the parties with respect to the Development ofSSDI-North and SSDI-South parcels. As part of the Settlement Agreement between the City of Miami Beach, the Miami Beach Redevelopment Agency and West Side Partners Limited, it was contemplated that West Side Partners would develop the SSDI-North parcel in two stages, The Developer, The Related Companies (TRG), which is purchasing the property from West Side Partners, has provided notice that it intends to develop SSDI-North parcel and anticipates commencement of construction in September 2001. Construction on SSDI-North will consist of two high rise towers and related amenities as approved and reflected in the concept plan, modified by Resolution No. 200] -24349 adopted by the City Commission on April 18, 2001. Construction sequence requirements dictate that construction initiate along the southerly portion of SSDI-North which must be completed before the northerly portion is developed. In connection with this construction commencement, several pre-construction activities must occur on SSDI-North and adjacent properties to support the proposed Murano Grande construction activities. The CitylRDA has certain financial obligations pursuant to the Settlement Agreement for the pre-construction activities. On June 27, 2001, the RDA Board approved and appropriated $3.2 million for several pre- construction activities that are the CitylRDA's obligation and responsibility, pursuant to the Settlement Agreement and to surviving provisions of the Development Agreement. These activities included construction staging costs, curb cut costs, electrical utility relocation costs, seawall rehabilitation and construction along SSDI-South, environmental remediation costs and July 18.2001 Commission Memorandum Environmental Remediation Costs for SSDI-North Page 3 replacement parking costs. As requested on June 27, 2001, attached please find Exhibit A that delineates the 1998 costs projections for these obligations compared with the actual construction costs approved on June 27,2001 and as part of the RDA Board agenda item. Construction Scope and Estimated Costs Pursuant to the Settlement Agreement, TRG has retained the services of various professionals to design, permit and construct the various improvements. Detailed design efforts are approximately 80 percent complete. In an effort to obtain budget level cost estimates for the various improvements, TRG requested its Contractor, KVC Constructors, Inc. (KVC), to obtain bids for certain sub-trades with specialties in certain areas of work. In many cases, a minimum of two bids were obtained to develop the basis for the estimate. The estimates presented herein include the costs and certain allowances to perform the scope of work and its ancillary items. It is noted that permitting requirements as well as existing site conditions may alter the character of the work to be implemented, thereby increasing/decreasing the associated construction costs, Upon completion of the detailed design efforts, the following procedure will be utilized to develop final construction costs: . Performance of a constructability review by a third party, (Hazen and Sawyer) . Submittal of the plans to a minimum of three qualified contractors for each sub-trade . The lowest, qualified bidder(s) (as determined by the City/RDA and TRG) will be retained to perform the work Hazen and Sawyer shall serve as the City's coordinator with respect to the City's obligations as they relate to the Settlement Agreement. Construction bids obtained by TRG will be reviewed by Hazen and Sawyer. Progress payment requisitions prepared by the Contractor(s) will be reviewed by Hazen and Sawyer and recommended for payments to the City/RDA, As stated on June 27, 2001, the majority of the costs are to be borne by the City/RDA and others and it is in the best interest of all entities to negotiate the lowest / most qualified bides) to perform the work. The estimates presented herein are for appropriation purposes only and are not intended to be final construction cost estimates. KVC will provide Agreements prior to their execution for the City/RDA's review and comment as well as provide the actual bids obtained from each contractor( s). The City/RDA's obligations, in addition to the $3,2 million approved on June 27, 2001, in connection with SSDI-North are as follows: Total Estimated City / RDA Obligation City / RDA Work Item Description Costs Cost Valet Parking One hundred percent (Areas IV A, B and C) $72,OOO/yr $72,000 Utility Relocations $963,644 One hundred percent $963,644 (Area VI B) (stormwater drainage, sanitary July 18, 2001 Commission Memorandum Environmental Remediation Costs for SSDI-North Page 4 sewer forcemain, gas lines) Amended and Restated Grant of $1,002,642 One hundred percent $1,002,642 Baywalk Easement i.e. Seawall Restoration /SSDI-N Area VII B SSDI - North Environmental $343,391 * One hundred percent $343,391 * Indenmity (Area V) Totals $2,381,677 $2,381,677 * The origin of the contamination will dictate payment responsibility, which may ultimately reduce the CitylRDA's liability. (A) Parkin!,' License The Settlement Agreement further contemplated that during the implementation of the environmental remediation on SSDI-North and subsequent construction, the City and its Lessee, the Miami Beach Marina, would be granted, via a Parking License Agreement, parking spaces on the Portofino Parcels (Alaska, Goodman, Hinson Parcels) to replace the same number of parking spaces no longer available on SSDI-North. The Parking License was executed among West Side Partners, the Alaska, Goodman and Hinson Parcel property owners, the City of Miami Beach, and the RDA. The Parking License provides for the CitylRDA to have access to SSDI- North, at no cost, in order to provide parking for the Marina until SSDI-North is developed, at which time, substitute parking spaces will be provided on the Goodman, Hinson and Alaska parcels. Porto fino is also locating approximately 34 spaces on Block 51, which fronts Commerce Street. This parcel will be included in a Supplemental Agreement presented for RDA approval in conjunction with this appropriation. To this end, and in connection with the upcoming development ofSSDI-North, the City is obligated to build substitute parking which will consist of the following: Parking Spaces Parking Areas Standard Handicap Total Alaska Parcel 261 7 268 Block 51 - Lots 5-9 32 2 34 SSDI-North: North Lot 110 5 115 Totals 403 14 414 The estimated cost of these substitute parking facilities was appropriated and approved on June 27,2001. Please reference Exhibit I Area IV A, B and C for the location of the parking areas. July 18, 2001 Commission Memorandum Environmental Remediation Costs for SSDI-North Page 5 As part of the Fourth Amendment to the Marina Lease, specifically Section 3.1.1, the CityIRDA agreed to reimburse the Marina Lessee for valet parking services, to and from the Marina to the replacement parking areas, up to the amount of $72,OOO/year, as adjusted by CPI, during the period of construction and/or remediation. $) Utility Relocation As part of the Settlement Agreement, the parties entered into a Grant of Baywalk Easement which, among other things, provides for the CityIRDA to fund the costs and expenses associated with the physical relocation of the utilities within the SSDI-North property. On June 27, 2001, the CityIRDA appropriated $1.2 million to relocate electrical lines, including the relocation of the above ground electrical boxes. At this time, TRG's contractor has provided the additional cost estimate of relocating the existing water distribution main and services, the existing sanitary sewer and service laterals and relocation of the existing 54-inch and upgrading it to a 72-inch storm sewer interceptor at an estimated cost of $963,644, for which full payment responsibility lies with the CityIRDA. (Refer to Exhibit ], Area VI B) (C) Environmental Mitigation One of the surviving provisions ofthe 1995 agreement with Portofino addresses environmental assessment and remediation of SSDI-North. Pursuant to Section 5.3 (f)(iii), a surviving provision of the Development Agreement, the Miami Beach Redevelopment Agency is responsible for payment of fifty percent (50%) of the environmental assessment and remediation costs associated with SSDI-North. Additionally, as part of the Settlement Agreement and as part of the City's lease with the Marina, both parties indemnify West Side Partners for any pre-existing environmental contamination. The City's indemnity extends to conditions pre-existing before the marina operator possessed the property and the Marina lessee's indemnity extends, up to a maximum of$1 million, for any contamination caused by the Marina Lessee. To that end, the existing Marina underground storage tank farm is currently monitored as mandated by DERM. However, there is concern that these underground storage tanks may contaminate the SSDI-North construction site during the Murano Grande dewatering and construction process. To assure no migration of any leakage from this tank farm during the construction of Murano Grande, the Developer has proposed to create a sheet pile cut-off wall to mitigate existing contamination migration located at the marina underground storage tank farm. The estimated costs to implement the sheet pile is approximately $343,391. The $343,391 represents the full cost to install the sheet pile cut-off wall. At this time, City staff and the Developer are ascertaining the origins of the contaminants to determine ultimate payment responsibility amongst the parties. If the CityIRDA assumes 50% of the cost (with the Developer assuming the other 50%), it will be pursuant to the determination that it was a pre- existing condition and mitigation measures are necessary to mitigate the CityIRDA's liability. Alternatively, if the contamination is not a pre-existing condition, the Marina Lessee may be July 18, 2001 Commission Memorandum Environmental Remediation Costs for SSDI-North Page 6 responsible for 100% of the mitigation costs. This appropriation approval will be subject to the CityfRDA establishing pre-existing conditions and payment responsibility, The final understanding amongst the parties will be memorialized in the Supplemental Agreement presented herein, The Administration recommends, however, an appropriate of 100% of the estimated costs in order to assure sufficient funding will be available under any contingency. (J)) Amended and Restated Grant ofBl\YWalk Easement As part of the Settlement Agreement, the parties entered into a Grant ofBaywalk Easement that grants the City a permanent and irrevocable non-exclusive easement along the baywalk. The City is obligated, at its sole cost and expense, to restore, maintain, repair and, as required, replace the bulkheads and seawall, in a first class condition, West Side Partners, Ltd., is obligated to construct the Baywalk, but the City has the ongoing obligation to maintain and restore the Baywalk. The CityfRDA has separately entered into a Baywalk maintenance and operating agreement with the Marina Operator as a result of the City's Fourth Amendment to the Marina lease agreement. Seawall Rehabilitation On June 27,200], funding for the rehabilitation and construction of seawall along SSDI-South was approved by the RDA Board. Approximately 790 Linear feet of deteriorated seawall along SSDI-North from the existing Marina core parcel north to Pier A must be rehabilitated per the Settlement Agreement. The recommended alternative design for the repair of the seawall comprises a retaining wall anchored to the root of the existing steel sheetpile. The repair can be done almost entirely from an upland location thereby reducing costs. This is a structural solution that will bring the bulkhead into compliance with structural code requirements and will provide a service life of approximately 25 years or more. This is consistent with the design of the repair/rehabilitation section and provides a consistent appearance along the SSDI-North parcel between Monty's Restaurant and the MacArthur Causeway. The estimated costs for the rehabilitation of the existing seawall along SSDI-North is approximately $1,002,642. Please reference Exhibit 1 Area VII B for the location of the proposed seawall construction work limits. The CityfRDA is responsible for 100% of this cost. Other Agreements: This Resolution authorizes the Mayor and City Clerk to execute a Supplemental Agreement and a Revocable License Agreement among Murano Two, Ltd., a Florida Limited Partnership ("Murano Two"), Murano Three, Ltd., a Florida Limited Partnership ("Murano Three"; and together with Murano Two, the "Murano Entities"), Sun & Fun, Inc" a Florida Corporation ("S&F"), Beachwalk Development Corporation, a Florida Corporation ("Beachwalk"), Azure Coast Development, Ltd., a Florida Limited Partnership ("Azure"), East Coastline Development, Ltd., a Florida Limited Partnership ("ECD"), and Sandpoint Financial, Ltd., a Florida Limited Partnership ("Sandpoint"; and together, S&F, Beachwalk, Azure, ECD and Sandpoint are hereinafter referred to collectively as the "Portofino Entities"), the City of Miami Beach, Florida, a Florida Municipal Corporation, (The "City"), the Miami Beach Redevelopment Agency, (the July 18,2001 Commission Memorandum Environmental Remediation Costs for SSD1-North Page 7 "RDA"); and Miami Beach Marina Associates, Ltd., a Florida Limited Partnership (The "Marina Lessee"). Additionally, an Amended and Restated Parking Sublicense Agreement and Declaration of Restrictive Covenants in Lieu of Title are also recommended for approval by the City Commission, The Supplemental Agreement, the Revocable Parking License and an Amended and Restated Parking Sublicense Agreement are attached hereto, and memorialize each party's respective obligations, use requirements and restrictions and corresponding indemnities, as it relates to the ongoing construction, staging and parking obligations. The Settlement Agreement contemplated and provided for all the aforementioned activities but did not provide the legal document or agreement to implement the activities and the corresponding obligations and responsibilities; thus these three (3) Agreements provide for such legal documentation. The Supplemental Agreement sets for the obligations and plans as it relates to replacement parking and construction of temporary parking, modifications to the Parking License, Parking Sublicense and Parking Covenant to include Block 5] Parcel, as it was not originally included in the Settlement Agreement as a parcel for replacement parking. As a result of the inclusion of Block 51 Parcel, Goodman and Hinson will be released for replacement parking since all replacement parking will be provided on the Alaska Parcel and Block 51 and the northem portion ofSSDI-North. Goodman and Hinson will be utilized as a temporary accessway to the Alaska parcel. The Revocable License is a temporary non-exclusive and revocable license for vehicular and pedestrian ingress and egress over the Portofino properties (Goodman and Hinson) and the Federal Triangle for purposes of access to the replacement parking for use by the Marina Lessee. If terminated access to the Alaska Parcel will be through Washington Avenue. The Amended and Restated Parking Sublicense among the City, RDA and Marina lessee, governs the construction and use of the replacement parking, staging and restoration and corresponding indemnities. The Declaration of Restrictive Covenants in Lieu of Unity of Title, to be approved by the Mayor and City Commission, provides for the unity of title required to submit an application to the Planning Board for purposes of obtaining the conditional use approval required by the Planning Board in order to approve the proposed vehicular and pedestrian ingress and egress to Alaska parcel for replacement parking for the Marina. Access to the Alaska parcel parking lot will be provided by three means: . pedestrian access via the public baywalk which will require a temporary, non-exclusive, public walkway through the City's Federal Triangle, connecting to and adjacent to the Alaska Parcel. . vehicular access via a new curbcut and roadway through the Goodman and Hinson parcels and the City's Federal Triangle. This access will lie on the western property line of Goodman and Hinson and the eastern property line of the Federal Triangle. The Revocable License Agreement grants said access and indemnifies the City. July 18,2001 Commission Memorandum Environmental Remediation Costs for SSDJ-North Page 8 . vehicular access will also be provided through the Washington Avenue Extension on the eastern frontage of the Alaska Parcel. In connection with the parking lots to be constructed south of South Pointe Drive, the City Code requires a conditional use approval by the Planning Board and a minimum level of temporary lot improvements and standards, i.e. paving, lighting, landscaping and drainage and does not allow gravel lots. The Planning Board hearing is scheduled on July 31,2001 and the Declaration of Restrictive Covenants in Lieu of Unity of Title is submitted as part of this application process. In order to proceed with design and to seek construction bids in order to proceed with remediation activities and subsequent construction, it is necessary and recommended that the the Mayor and City Clerk execute a supplemental Parking Agreement and a Revocable License Agreement among Murano Two, Ltd., a Florida Limited Partnership, Murano Three, Ltd., a Florida Limited Partnership, Sun & Fun, Inc., a Florida Corporation, Beachwalk Development Corporation, a Florida Corporation, Azure Coast Development, Ltd., a Florida Limited Partnership, East Coastline Development, Ltd., a Florida Limited Partnership, and Sandpoint Financial, Ltd., a Florida Limited Partnership; the City Of Miami Beach, Florida, the Miami Beach Redevelopment Agency, and Miami Beach Marina Associates, Ltd., a Florida Limited Partnership, and an Amended and Restated Parking Sublicense among the City Of Miami Beach, the City of Miami Beach Redevelopment Agency and Miami Beach Marina Associates, Ltd.; authorizing the Mayor and City Clerk to execute a Declaration of Restrictive Covenants in Lieu of Unity of Title with respect to the Federal Triangle Parcel in order to provide for the Unity of Title required to submit an application to the Planning Board for approval of the proposed vehicular and pedestrian ingress and egress to the Alaska Parcel for replacement parking for the Miami Beach Marina. 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