2009-27095 ResoRESOLUTION NO. 2009-27095
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING, FOLLOWING SECOND
READING AND PUBLIC HEARING ON JUNE 3, 2009, A FIRST
AMENDMENT TO THAT CERTAIN DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH, FLORIDA, AND UTA
MANAGEMENT, LLC (DEVELOPER), DATED APRIL 11, 2007, AS
REQUIRED PURSUANT TO SECTIONS 163.3220-163.3243, FLORIDA
STATUTES (THE "FLORIDA LOCAL GOVERNMENT DEVELOPMENT
AGREEMENT ACT"); SAID AMENDMENT PERTAINING TO THE
DEVELOPER'S ART IN PUBLIC PLACES (AIPP) CONTRIBUTION AND
PRESCRIBING FURTHER TERMS AND CONDITIONS FOR THE DESIGN,
FABRICATION, INSTALLATION AND MAINTENANCE OF THE
ARTWORK.
WHEREAS, MBeach1 is the fee simple owner of the property located at 1111 Lincoln Road
and 1666 Lenox Avenue in Miami Beach, Florida, (the "MBeach1 Property"); and
WHEREAS, the City is the owner of that certain land located on Lincoln Road between
Lenox Avenue and Alton Road, in Miami Beach, Florida; and
WHEREAS, in December 6, 2006, the City Commission adopted Resolution No. 2006-
26422, approving a conceptual plan for the closure of Lincoln Road to vehicles between Lenox
Avenue and Alton Road and construction of a pedestrian mall; and
WHEREAS, in March 14, 2007, the City Commission adopted Resolution No. 2007-26494,
approving a Development Agreement between the City and UTA Management, LLC ("UTA" or
"Developer"), for the design, development, and construction of certain improvements to the 1100
block of Lincoln Road, in conjunction with the project being developed by MBeach1, an affiliate of
UTA, at 1111 Lincoln Road, Miami Beach, Florida; and
WHEREAS, the City and UTA entered into a Development Agreement dated April 11, 2007
and recorded in Official Records Book 25537, Page 1882 of the Public Records of Miami-Dade
County, Florida; and
WHEREAS, as part of its obligation under the Development Agreement, UTA agreed to
match the City's Art in Public Places ("AIPP") contribution for a public artwork project on the 1100
block of Lincoln Road, between Lenox Avenue and Alton Road; and
WHEREAS, at its regular meeting on April 12, 2007, and in conjunction with its established
criteria, the AIPP Committee passed a motion establishing a Professional Advisory Committee
("PAC") for the selection of the public artwork to be sited on Lincoln Road, between Lenox Avenue
and Alton Road; and
WHEREAS, at the November 27, 2007, PAC meeting, the members had a presentation from
Dan Graham (the "Artist"), who discussed his concept for the public artwork to be sited on Lincoln
Road, between Lenox Avenue and Alton Road; the PAC unanimously agreed to proceed with a
direct selection, and recommended the Artist for the project (the AIPP Project); and
WHEREAS, at its meeting on June 17, 2008, the AIPP Committee unanimously selected the
preliminary proposal for the AIPP Project; and
WHEREAS, on July 30, 2008, the Neighborhoods/Community Affairs Committee reviewed
and recommended approval of the AIPP Project; and
WHEREAS, on August 20, 2008, a presentation was made to the Lincoln Road Merchants'
Association Board of Directors which voted unanimously in support of the AiPP Project; and
WHEREAS, on September 2, 2008, a presentation was made to the City's Design Review
Board and the Design Review Board unanimously approved the AiPP Project; and
WHEREAS, on October 7, 2008, the Mayor of the City and City Commission approved the
AiPP Project, pursuant to Resolution No. 2008-26924 (the "Resolution"); and
WHEREAS, the Resolution further provides that the Developer and MBeach1, LLLP
undertake certain ongoing maintenance obligations relating to the AiPP Project; and
WHEREAS, accordingly, the City Administration has negotiated the attached First
Amendment to the Development Agreement and Convenant Running with the Land; which
agreements, respectively, memorialize the City, Developer, and MBeach1 LLLP's respective
obligations with regard to the design, construction, installation and, thereafter, ongoing maintenance
of the AiPP Project; and
WHEREAS, at its regular meeting on May 13, 2009 the City Commission adopted Resolution
No 2009-27075 approving the First Amendment on First Reading, and also approving the Covenant
(subject to approval of the First Amendment on Second and Final Hearing.
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 hereby approve
and authorize the Mayor and City Clerk to execute, following second reading and public hearing on
June 3, 2009, a First Amendment to that certain Development Agreement between the City of Miami
Beach, Florida, and UTA Management, LLC (Developer), dated April 11, 2007, as required pursuant
to Sections 163.3220-163.3243, Florida Statutes (the "Florida Local Government Development
Agreement Act"); said Amendment pertaining to the Developer's Art in Public Places (AiPP)
contribution and prescribing further terms and conditions for the design, fabrication, installation and
maintenance of the Artwork.
PASSED AND ADOPTED this _3rd_ day of June , 2009.
~~
ATTEST: MAYO
A Matti Herrera Bower
Vv ~ ~~
CITY CLERK
Robert Parcher
JMG/HMF/mas
T:WGENDA\2009Wune 3\Regular\Reso FirstAmendment UTA Development Agreement 5.13.09.doc
gpPROVED AS TO
FORM & LANGUAGE
City Att rn Date
COMMISSION ITEM SUMMARY
(_nnrlo~ncatl Ti+lp•
A resolution approving, following a second public hearing on June 3, 2009, a First Amendment to that certain Development
Agreement between the City of Miami Beach, Florida, and UTA Management, LLC (Developer), dated April 11, 2007, as
required pursuant to Sections 163.3220-163.3243, Florida Statutes (the "Florida Local Government Development
Agreement Act"); said Amendment pertaining to the Developer's Art in Public Places (AiPP) contribution and prescribing
further terms and conditions for the desi n, fabrication, installation, and maintenance of the Artwork.
Ke Intended Outcome Su orted:
Increase community rating of cultural activities.
Supporting Data (Surveys, Environmental Scan, etc.):
The 2009 Community Satisfaction Survey shows that 73.3 % of residents and 58.7 % of businesses feel the City has the
"right amount" of cultural events available. Residents also attend cultural activities (such as art shows, film festivals and live
erformances 10.61 times er ear on avera e.
Issue:
Shall the City Commission approve the Resolution?
Item Summary/Recommendation:
On December 6, 2006, the City Commission passed Resolution 2006-26422, approving a conceptual plan for the closure
of Lincoln Rd. to vehicles between Lenox Ave. and Alton Rd., and construction of a pedestrian mall. Subsequently on
March 14, 2007, the City approved a development agreement between the City and UTA for the development of
improvements to the 1100 Block of Lincoln Road. The approval included the inclusion of a public art project to be partially
funded by the developer.
On October 7, 2008, the City Commission passed Resolution 2008-26924 approving the AiPP project and authorizing the
City Manager to negotiate a an agreement with the Developer for the fabrication, installation and certain ongoing
maintenance of the AiPP Project.
As per Florida State Statute, amendments to a development agreement require two public hearings. To that end, the City
and Developer agreed on the terms to amend the Development Agreement, as more particularly set forth in the attached
Amendment, to set forth the terms and conditions of the design, fabrication, installation and maintenance of the AiPP
Project.
This item, as well as the associated Covenant running with the land, were approved on First Reading at the May 13, 2009
Commission Meeting.
Advisory Board Recommendation:
Art in Public Places on June 17, 2008; Neighborhoods/Community Affairs on July 20, 2008; and Design Review Board on Sept. 2,
2008; have recommended in favor of the selected art project respectively. Although not an advisory board of the City, on August 20,
2008 the Lincoln Road Merchants Association Executive Board unanimously passed a motion endorsing the project.
Financial Information:
Source of Amount Account
Funds: ~ $75,000 Art in Public Places Fund 147 -Funding was previously appropriated in the
FY 2007/08 Capital Budget as part of the 1100 Lincoln Road (between
Lenox and Alton Project and ursuant to Resolution 2008-26924
OBPI Total $75,000
Financial Impact Summary:
Ci Clerk's Office Le islative Trackin
Max Sklar, Tourism & Cultural Development Director
Sign-0:
artme Di ctor istan City Manager City Manager
t
~~- !J
~ MIAMIBEACH
~ ~ _~
AGENDA ITEM -~
DATE ~'
m MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
To: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manage SECOND READING
PUBLIC HEARING
DATE: June 3, 2009 `
SUBJECT: A RESOLUTION OF THE MAY A D CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, APPROVING, FOLLOWING SECOND READING AND PUBLIC
HEARING ON JUNE 3, 2009, A FIRST AMENDMENT TO THAT CERTAIN
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA,
AND UTA MANAGEMENT, LLC (DEVELOPER), DATED APRIL 11, 2007, AS
REQUIRED PURSUANT TO SECTIONS 163.3220-163.3243, FLORIDA STATUTES
(THE "FLORIDA LOCAL GOVERNMENT DEVELOPMENT AGREEMENT ACT"); SAID
AMENDMENT PERTAINING TO THE DEVELOPER'S ART IN PUBLIC PLACES (AIPP)
CONTRIBUTION AND PRESCRIBING FURTHER TERMS AND CONDITIONS FOR THE
DESIGN, FABRICATION, INSTALLATION AND MAINTENANCE OF THE ARTWORK.
ADMINISTRATION RECOMMENDATION
Adopt the resolution.
BACKGROUND
On December 6, 2006, the City Commission adopted Resolution No. 2006-26422, approving a
conceptual plan for the closure of Lincoln Road to vehicles between Lenox Avenue and Alton Road,
and construction of a pedestrian mall. The Lincoln Road pedestrian mall, between Washington
Avenue and Lenox Avenue, is the best known commercial corridor in the City, which promotes
economic development and quality of life in the South Beach area. When the Design Review Board
approved the new parking garage with ground level accessory commercial uses at the intersection
of Lincoln Road and Alton Road, the applicant was encouraged to enter into discussions with the
City relative to exploring the possibility of closing this block of Lincoln Road to vehicular traffic, and
construction of a pedestrian mall all the way through to Alton Road. The Administration believed the
extension of the very successful pedestrian mall would benefit this portion of Lincoln Road and
reinforce the pedestrian experience of Lincoln Road from Washington Avenue to Alton Road. In
addition, the Finance and Citywide Projects Committee approved the concept plan and
recommended forwarding it to the City Commission for consideration and approval as a funded City
project.
On March 14, 2007, the City Commission adopted Resolution No. 2007-26494, approving a
Development Agreement between the City and UTA for the design, development, and construction
of certain improvements to the 1100 Block of Lincoln Road, in conjunction with the project being
developed by MBeach1, LLLP, an affiliate of UTA, at 1111 Lincoln Road, with the City to match
funds, in an amount not to exceed $75,000 from the Art in Public Places (AIPP) Fund 147, for a
public art project. The approval of this project by the City Commission resulted in the AIPP Program
UTA Development Agreement Amendment
June 3, 2009 City Commission Meeting
Page 2 of 3
receiving a contribution from the City Center RDA Capital Fund 365 as part of the FY 2007/08
Capital Budget.
Subsequently the AiPP, consistent with its established guidelines, established a Professional
Advisory Committee (PAC) for the selection of a work of public art to be sited on Lincoln Road,
between Lenox Avenue and Alton Road. The PAC and AiPP Committee discussed this project for
more than a year, reviewing potential artists and their proposals. Dan Graham, Jeppe Hein, Jenny
Holzer, and Rachel Whiteread were among those considered for this project. Dan Graham was
selected after very extensive review as he was the most internationally recognized: his sense of
aesthetics and conceptual nature of his body of work would respond best to the architectural
environment: and his works have an interactive component. The PAC also knew that Dan Graham
and Herzog et de Meuron (the architect for the 1111 Lincoln Road project) had been interested in
collaborating with each other.
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT AND COVENANT RUNNING WITH
THE LAND
The Artwork was considered by the Neighborhoods/Community Affairs Committee on July 30, 2008,
which unanimously passed a motion accepting the Art in Public Places Committee's
recommendation. Subsequently, the Artwork was reviewed by the Design Review Board on August
5, 2008, and September 2, 2008, which also unanimously passed a motion accepting the Art in
Public Places Committee's recommendation. The Lincoln Road Merchants Association also
considered the project on August 20, 2008, and unanimously passed a resolution in support of the
Artwork.
On October 7, 2008, the Mayor of the City and City Commission approved the Artwork pursuant to
Resolution No. 2008-26924, and authorized the City Manager to negotiate an agreement with
Developer for the design, fabrication, installation and certain ongoing maintenance.
Accordingly, the City and Developer have negotiated a First Amendment to the Development
Agreement with the following major points:
• Developer shall be responsible for the design; fabrication; and installation of the Artwork; the
City shall own the Artwork (upon acceptance by the City) and shall be responsible for Fifty
(50%) of the current estimated cost, or $75,000;
• MBeach1, LLLP (MBeach1), an affiliate of the Developer and the fee simple owner of the
property located at 1111 Lincoln Road and 1666 Lenox Avenue in Miami Beach, shall be
responsible for: (i) cleaning, as frequently as it cleans its storefront glass: (ii) graffiti removal
on the proposed artwork; and (iii) developing an annual maintenance program for the
proposed Artwork, with the City being responsible for carrying out the maintenance of the
proposed Artwork (other than cleaning and graffiti removal);
• MBeach1's obligations shall be memorialized in a Covenant Running with the Land, and to
be recorded against the 1111 Lincoln Road property and binding all future owners;
• City (in addition to MBeach1's obligations under the Covenant) would enter into a 10 year
agreement with UTA for the maintenance of the Artwork;
• UTA will provide the City with three additional sections (1 of each type) of glass at no
additional costs to the City;
• UTA will store the additional sections of glass at their location;
UTA Development Agreement Amendment
June 3, 2009 City Commission Meeting
Page 3 of 3
UTA will coordinate the installation of glass when needed and the City will reimburse the cost
of labor;
Once the three additional sections of glass are used, the City will have to reimburse UTA for
the purchase of additional glass sections, if needed.
Once the artwork has been installed and professional appraisal completed, pursuant to the
approval received by the City Commission on October 7, 2008, via Resolution No. 2008-
26924, the City is responsible for insuring the Artwork, either by including the Artwork in the
City's Fine Arts insurance policy (if available and provided the insurer accepts coverage), or
self insuring the Artwork. This specific item was negotiated extensively by the
Administration and UTA Management. Ultimately, the determination whether to include the
Artwork in the Fine Arts policy or whether to self insure shall at all times remain within the
sole discretion and determination of the City, through the City Manager. However, if (at any
time) the City elects to cover the Artwork under the Fine Arts Policy, such coverage shall
cover the replacement cost of the Artwork (as determined by the last appraised value of the
Work for insurance purposes). If (at any time) the City elects the option to self insure the
Artwork, the amount that the City shall be responsible for shall be at least equal to the sum
of $150,000 (which amount represents the estimated total cost for the design, fabrication,
and installation of the Artwork as contemplated by the parties under the Development
Agreement); provided however, that the City's self insurance obligation shall be further
subject to and contingent upon the availability of such City funds.
The City Commission adopted Resolution No 2009-27075 at the May 13, 2009, City Commission
meeting, which approved the First Amendment to the Development Agreement on First Reading
and also approved the Covenant which runs with the land.
CONCLUSION
The Administration recommends a resolution of the Mayor and City Commission of the City of
Miami Beach, Florida, approving, following Second Reading and Public Hearing on June 3, 2009, a
First Amendment to that Certain Development Agreement between the City of Miami Beach,
Florida, and UTA Management, LLC (Developer), dated April 11, 2007, as required pursuant to
Section 163.3220-163.3243, Florida Statutes (the "Florida Local Government Development
Agreement Act"); said Amendment pertaining to the Developer's Art in Public Places (AiPP)
contribution and prescribing further terms and conditions for the design, fabrication, installation and
maintenance of the Artwork.
Attachments
T:\AGENDA12009Wune 3\Regular\Comm Memo Dan Graham Amendment Development Agreement (Final).doc.RTF
6B `I 'SUNDAY, MAY 24, 2009 p1
TFtE1Y11AM1 HERALD ~ MiamiHerald,com
__
~~ tb MIAlV11 BEA~~I
CITY Of MIAMI BEACW `
' ~ ]'
'. - 3
NOTICE OF PUBLIC HEARING
NOTICE- IS HEREBY `given that a second ,reading .and second public hearing will be
held by the City Commission of the City of Miami Beach, ;in .the Commission Chambers,
3rd floor, City Ha11,, 170 Convention Center Drive, Miami Beach, Florida, on Wednesday,
June 3, 2009 at 11:50 A.M., to consider A Resolution Approving, Following Second
Reading And Second Public Hearing, A First Amendment To That Certain Development ~'
- Agreement Between The City Of Miami Beach, Florida, And UTA Management, LLC °~
(Developer),. Qated April 11, 2007, As Required Pursuant To Sections 163.3220-163.3243,
Florida Statutes (1"he "Florida Local Government Development Agreement Act"); Said ; j
Amendment Pertaining To The Developer's Art In Public Places (AIPP) Contributiori And
Prescribing Further Terms And Conditions For The Design, Fabrication, Installation And
..Maintenance Of The Artwork; Approving A Covenant Running 1Nith The`L_and :Which
:Requires MBEACHI LLLP (An Affiliate Of Developer} To .Undertake Certain Maintenance
Obligations With Respect To Ongoing Cleaning And`IVlaintenance Of The Artwork.
Inquiries may be directed o the Office of Real Estate, Housing and Community Development.
at (305) 673-7260:
INTERESTED PARTIESareinvited to appear at fhis meeting, or be represented by.an agent, E
or to express their views in writing addressed to the .City Commisson,'c/o<the City Clerk,
1700'Convention Center:Drive, 1st Floor, City Hall, Miami Beach, Florida 33.139. Copies of l
these ordinarices are available for public inspection during normal business hours in the
City Cierk's~ Office, 1700 Convention Center Drive, 1st Floor, .City Hall, and Miami Beach, ~
Florida 33139. This meeting may be continued and under such circumstances additional
legal notice .would not be provided.
Robert E. Parcher, CityClerk l
City of Miami Beach
Pursuant to Section 286.0105; Fla. Stat., the City'hereby advises the publ{c that: if a person
decides to appeal any decision made by the City Commission with respect to any rnattei•
considered`at its meeting or its hearing, such person must ensure that a verbatim record of
the proceedings is made, which record {ncludes 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 irre{evant ev{deuce, 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),
(305) 673-7218(TTY) five days in advance o initiate your .request. TTY users may also }
.call 711 (Florida Relay Service).
Ad #539
- i