2014-28546 Reso RESOLUTION NO. 2014-28546
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE A RESTRICTIVE COVENANT IN LIEU OF UNITY OF
TITLE FOR THIRTY-FIVE (35) PARKING SPACES TO BE PROVIDED IN
THE SUNSET HARBOR GARAGE LOCATED AT 1900 BAY ROAD, FOR
THE PROPERTY MANAGEMENT FACILITY TO BE CONSTRUCTED AT
1833 BAY ROAD.
WHEREAS, the relocation of the Property Management Facility to a site outside of
Flamingo Park has been a longstanding goal for both the Flamingo neighborhood residents
and the City; and
WHEREAS, on December 10, 2008, the Mayor and City Commission adopted
Resolution No. 2008-26969 whereby the City entered into an agreement to purchase air
rights and certain portions of land for the development of the Sunset Harbor Garage at 1900
Bay Road; and
WHEREAS, the transaction accomplished several objectives, one of which was
facilitating the relocation of the Property Management Division from Flamingo Park to the
City-owned property located across the street at 1833 Bay Road, by providing the required
parking for the Property Management Facility at the new garage; and
WHEREAS, the Resolution also directed the Administration to begin the relocation of
the Property Management Facility from Flamingo Park to 1833 Bay Road; and
WHEREAS, pursuant to the parking requirements as set forth in Chapter 130, Article
II, of the City's Land Development Regulations (LDRs), the project requires the provision of
thirty-five (35) parking spaces; and this requirement will be satisfied pursuant to a Covenant
in Lieu of Unity of Title for thirty-five (35) parking spaces to be provided in the Sunset Harbor
Garage.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby authorize the Mayor and City Clerk to execute a restrictive Covenant in
Lieu of Unity of Title for thirty-five (35) parking spaces to be provided in the Sunset Harbor
garage located at 1900 Bay Rd, for the Property Management Facility to be constructed at
1833 Bay Rd.
PASSED AND ADOPTED THIS a3 DAY OF �90'1_2
ATTEST: ��\
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C)
Rafael Gr ado, City Jerk Philip Le ne
APPROVED AS TO r INCORP ORATED
JJORM & LAN E OR EXE TLON 2( ;
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T:\AGENDA\2014\April\Property Management Facility-Pirtle GMP Amendment No 1\Property Management Facility Pirtle GMP
Amendment 1 -RESO.doc
This instrument was prepared by:
Name: Gary M. Meld, Esq.
Address: 1700 Convention Center Drive
City Attorney's Office, 4th flr
Miami Beach, FL 33139
(Space reserved for Clerk)
COVENANT IN LIEU OF UNITY OF TITLE
FOR OFF-SITE PARKING
WHEREAS, the undersigned are the respective owners of fee simple title to certain lands
in Miami Beach, Florida (the "City"), legally described in Exhibits "A" (the "Principal
Property"), the address of which is 1833 Bay Rd, Miami Beach, FL, 33139 and "B" (the
"Parking Property"), the address of which is 1900 Bay Rd, Miami Beach, FL, 33139, attached to
this Covenant in Lieu of Unity of Title, and hereinafter collectively called the "Properties"; and
WHEREAS, the City of Miami Beach, a Florida Municipal Corporation ("Principal
Owner"), is fee simple owner of the Principal Property. on which a new construction or
renovation project has been or will be constructed; and
WHEREAS, it has been determined that the Principal Property requires thirty-five (35)
parking spaces to comply with the existing parking requirements of the City as set forth in
Chapter 130, Article II, of the City's Land Development Regulations ("LDRs"); and
WHEREAS, the City of Miami Beach ("Parking Owner") is the owner of the Parking
Property, and has agreed to make available to Principal Owner, for the benefit of the Principal
Property, thirty-five (35) individual parking spaces at the Parking Property so that the Principal
Property will be in compliance with the LDRs; and
WHEREAS, Principal Owner and/or Parking Owner may wish to convey the Properties
and or portions thereof from time to time, or may wish to develop same in phases or stages, or
may wish to offer units as condominiums and are therefore executing this instrument to assure
the City that such development will be in compliance with the LDRs when so developed and at
all times thereafter.
NOW THEREFORE, in consideration of the premises, and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, Principal Owner
and Parking Owner hereby freely, voluntarily and without duress covenant and agree as follows:
1. The agreement hereunder on the part of Principal Owner and Parking Owner (together,
the "Owners"), shall constitute a covenant running with the land and will be recorded, at
Owners' expense, in the public records of Miami-Dade County, Florida, and shall remain
in full force and effect and be binding upon the successors and assigns of the respective
parties hereto, until such time as the same is released in writing as hereinafter provided.
2. Parking Owner shall make available to Principal Owner, for the benefit of the Principal
Property, thirty-five (35) individual parking spaces at the Parking Property so that the
Principal Property will have sufficient parking available to be in compliance with the
LDRs.
3. Any party entitled to utilize the parking spaces referred to in paragraph 2 above, by virtue
of tenancy or ownership in the Principal Property, shall also be entitled to reasonable
vehicular and pedestrian ingress and egress to and from such parking and the public street
abutting the Parking Property. -
4. During all times that this Covenant remains in force, thirty-five (3 5) parking spaces
contained and/or located upon the Parking Property shall be dedicated to and shall be
utilized solely by and for the benefit of the Principal Property to satisfy the requirements
of the LDRs. The Planning Director may require such parking spaces to be specifically
designated by designation as "Reserved for City of Miami Beach — Property
Management Division" (in the requisite amounts under applicable law), either on the
wheel stop or on such other signage acceptable to the Owners and the Planning Director,
or his designee.
5. As a further part of this agreement, it is hereby understood and agreed that any official
inspector of the City of Miami Beach, or its agents duly authorized, may have the
privilege at any reasonable time of entering and investigating the use of the Parking
Property to determine whether or not the requirements of the building and zoning
regulations and the conditions herein agreed to are being complied with.
6. The provisions of this instrument shall become effective upon their recordation in the
public records of Miami-Dade County, Florida, and shall continue in effect for a period
of thirty (30) years after the date of such recordation, after which time they shall be
extended automatically for successive periods of ten (10) years each, unless released in
accordance with the provisions of paragraph 7 below.
7. The provisions of this instrument may be released, amended, or modified from time to
time by recorded instrument executed by the then owner or owners of both of the
Properties, with joinders by any mortgagees, provided that the same is also approved by
the Planning Director of the City of Miami Beach, or his or her successor, or a City board
if such has jurisdiction of the matter at the time of the request, which approval shall be
granted only under the following circumstances:
A. Due to a change of law applicable to the Principal Property, the full
number of spaces as specified in this Covenant are no longer required for compliance
with the City's LDRs; or,
Page 2 of 4
B. The required parking specified herein is provided elsewhere in compliance
with the City's LDRs and the provisions hereof-, or
C. The required parking is satisfied by participation in the City's Parking
Impact Fee program, to the extent same is available.
8. Should this Covenant in Lieu of Unity of Title be so released, amended, terminated or
modified in accordance with paragraph 7 hereof, the Planning Director, or his or her
successor, shall forthwith execute a written instrument effectuating and acknowledging
such modification, amendment or release.
9. Enforcement shall be by action against any parties or persons violating or attempting to
violate any of these covenants. The prevailing party in any action or suit arising out of or
pertaining to this Covenant in Lieu of Unity of Title shall be entitled to recover, in
addition to costs and disbursements allowed by law, such sum as the Court may
determine to be reasonable for the services of its attorney. This enforcement provision is
in addition to any other remedy at law, in equity or both.
10. Invalidation of any one of these covenants, by judgment of Court, in no way shall affect
any of the other provisions, which shall remain in full force and effect.
11. All rights, remedies and privileges granted herein shall be deemed to be cumulative and
the exercise of any one or more shall neither be deemed to constitute an election of
remedies, nor shall it preclude the party exercising the same from exercising such other
additional rights, remedies or privileges.
12. If either the Principal Property or the Parking Property are converted to the condominium
form of ownership, any time that this covenant in Lieu of Unity of Title is to be
amended, modified, consented to, terminated, or otherwise changed in such a way that
requires the written agreement of the parties hereto, the instrument of amendment,
modification, termination, consent or change shall be executed by the condominium
association that is formed at the time such property is converted to the condominium
form of ownership alone, or its successor, if any, and such instrument shall not require
the signature or joinder of any individual condominium unit owners or their mortgagees.
Signed, witnessed, executed and acknowledged this 3C) day of 1PV1.
ATTEST: _ ...
��� PRINCIPAL OWNER:
°�:• f ° �.. 0 CITY OF MIA H
z a I rk
Cit Clerk ' JR1.
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Page 3 of 4
ATTEST: PARKING OWNER:
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City Cl rk
ORAT n'
STATE OF FLORIDA )
SS:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this day of A0.9i ,
,by Ph 111110 L•--e VIA , as H4( dr of the
City of Miami Beach, who executed the foregoing document on beha f of the corporation, both
as Principal Owner and as Parking Owner. He personally appeared before me, is personally
known to me or produced as id ificatio
Notary:
[NOTARIAL SEAL] Print Name: :�-.�A&,0_I IS A+ e-
Notary Notary Public, State of Florida
My commission expires:
ISABEL SATCD876384
Notary Public-Sta
•; : • My Comm.Expires
Commission#EBonded Through Nation
APPROVED AS TO
FORM & LANGUAGE
& FO EXECU ION AP ROVED
-I?-�`y
y Wrr�ey Date P nning Di ector
FAATTO\HEL&CIP\Off-site parking covenant form rev 10-17-13-Property Management Facility Project.doc
Page 4 of 4
EXHIBIT 66A"—The Principal Property
1833 Bay Rd, Miami Beach, FL, 33139
LEGAL DESCRIPTION:
Lots 10, 11 and 12 of Block 13 of AMMENDED PLAT OF BLOCK THIRTEEN OF
THE ALTON BEACH REALTY COMPANY MIAMI BEACH, Plat Book 9, at Page
146 of the Public Records of Miami Dade County, Florida.
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EXHIBIT "B"—The Parking Property
1900 Bay Rd, Miami Beach, FL, 33139
LEGAL DESCRIPTION:
All of Lots 1 and 2, Less the North four(4) feet of the East V2 of said Lot 2, Block 14-A,
ISLAND VIEW ADDITION, according to the plat thereof, as recorded in Plat Book 9 at
Page 144, and together with Lots 5 through 8, Block 14, THE ALTON BEACH
REALTY COMPANY'S PLAT OF ISLAND VIEW SUBDIVISION, according to the
plat thereof, as recorded in Plat Book 6 at Page 115,both being recorded in the Public
Records of Miami-Dade County, Florida.
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COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Authorizing The
Mayor And City Clerk To Execute A Restrictive Covenant In Lieu Of Unity Of Title For Thirty-Five (35)
Parking Spaces To Be Provided In The Sunset Harbor Garage Located At 1900 Bay Road, For The
Property Management Facility To Be Constructed At 1833 Bay Road.
Key Intended Outcome Supported:
Ensure well designed quality capital projects.
Supporting Data (Surveys, Environmental Scan, etc.): The 2012 Customer Satisfaction Survey
indicated that over 87% and 83% of City residents and businesses respectively, rated the appearance
and maintenance of public buildings as excellent or good; and over 81% of residents rated recently
completed capital improvement projects as excellent or good.
Issue:
Shall the Mayor and City Commission adopt the Resolution?
Item Summary/Recommendation:
The relocation of the Property Management Facility to a site outside of Flamingo Park neighborhood has
been a longstanding goal for both the Flamingo Park neighborhood residents and the City.
On December 10, 2008, the Mayor and City Commission adopted Resolution No. 2008-26969 whereby
the City entered into an agreement to purchase air rights and certain portions of land for the
development of the Sunset Harbor Garage at 1900 Bay Road. The transaction accomplished several
objectives, one of which was facilitating the relocation of the Property Management Division from
Flamingo Park to the City-owned property located across the street at 1833 Bay Road, by providing the
required parking for the Property Management Facility at the new garage. The Resolution also directed
the Administration to begin the relocation of the Property Management Facility from Flamingo Park to
1833 Bay Road.
On May 12, 2010, the Mayor and City Commission adopted Resolution No. 2010-27383 authorizing the
Administration to execute an Agreement with Wolfberg Alvarez & Partners (WAP) to provide
architectural, engineering, and landscape architecture services for the Planning, Design, Bid and Award
and Construction Administration services for the Property Management Facility project.
Pursuant to the parking requirements as set forth in Chapter 130, Article II, of the City's Land
Development Regulations (LDRs), the project requires the provision of a total of thirty-five (35) parking
spaces. This requirement will be satisfied pursuant to a Covenant, in Lieu of Unity of Title, for thirty-five
(35) parking spaces to be provided in the Sunset Harbor Garage.
THE ADMINISTRATION RECOMMENDS APPROVAL OF THIS RESOLUTION.
Advisory Board Recommendation:
N/A
Financial Information:
Source of Amount Account
Funds:
2
3
4
5
OBPI Total
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
David Martinez, P.E.ext 6972
Sign-Offs:
DepartmORPI ctor Assistant City er Cit M r
DM MT JLM_
TAAGENDA\2014\Apri rope y Management Facility-Covenant in i u ty qZ�tle\Property Management Facility-Ftsirictive Covenant in
Lieu of Unity of Title-SUMMA Y.docx
AGENDA ITEM 7
MIAMI B EA H
� DATE .3
® 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 of the City Co mission
FROM: Jimmy L. Morales, City Manager
DATE: April 23, 2014
SUBJECT: A RESOLUTION OF THE MAYO AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, THORIZING THE MAYOR AND CITY
CLERK TO EXECUTE A RESTRICTIVE COVENANT IN LIEU OF UNITY OF
TITLE FOR THIRTY-FIVE (35) PARKING SPACES TO BE PROVIDED IN
THE SUNSET HARBOR GARAGE LOCATED AT 1900 BAY ROAD, FOR
THE PROPERTY MANAGEMENT FACILITY TO BE CONSTRUCTED AT
1833 BAY ROAD.
ADMINISTRATIVE RECOMMENDATION
Adopt the Resolution.
KEY INTENDED OUTCOME
Ensure a quality, well constructed capital project.
ANALYSIS
The relocation of the Property Management Facility to a site outside of Flamingo Park
neighborhood has been a longstanding goal for both the Flamingo Park neighborhood residents
and the City.
Y
On December 10, 2008, the Mayor and City Commission adopted Resolution No. 2008-26969
whereby the City entered into an agreement to purchase air rights and certain portions of land
for the development of the Sunset Harbor Garage at 1900 Bay Road. The transaction
accomplished several objectives, one of which was facilitating the relocation of the Property
Management Division from Flamingo Park to the City-owned property located across the street
at 1833 Bay Road, by providing the required parking for the Property Management Facility at
the new garage. The Resolution also directed the Administration to begin the relocation of the
Property Management Facility from Flamingo Park to 1833 Bay Road.
On May 12, 2010, the Mayor and City Commission adopted Resolution No. 2010-27383
authorizing the Administration to execute an Agreement with Wolfberg Alvarez & Partners
(WAP) to provide architectural, engineering, and landscape architecture services for the
Planning, Design, Bid and Award and Construction Administration services for the Property
Management Facility project.
Pursuant to the parking requirements as set forth in Chapter 130, Article II, of the City's Land
Development Regulations (LDRs), the project requires the provision of a total of thirty-five (35)
parking spaces. This requirement will be satisfied pursuant to a Covenant, in Lieu of Unity of
Title, for thirty-five (35) parking spaces to be provided in the Sunset Harbor Garage.
Commission Memorandum-Property Management Facility-Restrictive Covenant in lieu of Unity of Title
April 23, 2014
Page 2 of 2
CONCLUSION
The Administration recommends approval of the attached Resolution, authorizing the Mayor and City
Clerk to execute a Restrictive Covenant, in Lieu of Unity of Title, for a total of thirty-five (35) parking
spaces in the Sunset Harbor Garage located at 1900 Bay Road, for the Property Management
Facility to be constructed at 1833 Bay Road.
JLM\MT\DM
Attachments:
A. Restrictive Covenant in Lieu of Unit of Title