2014-28823 Reso 1
RESOLUTION NO. 2014-28823
RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE THE BAYWALK AUTHORIZATION
AGREEMENT WITH THE LINCOLN BAY TOWERS ASSOCIATION.
WHEREAS, the City is developing a series of bicycle/pedestrian/greenway projects
called the Atlantic Greenway Network; and
WHEREAS, the Atlantic Greenway Network is made up of two main trail systems: the
Coastal Corridors, which extend north/south adjacent to the Atlantic Ocean and adjacent to
Biscayne Bay; and the Neighborhood Trails, which extend in east/west as well as north/south
directions through the South, Middle, and North Beach neighborhoods; and
WHEREAS, the administration and City Attorney's Office have diligently worked over the
past decade to create a Baywalk from the southern tip of Miami Beach, past 5th Street and to
Lincoln Road, to create a northbound/southbound multi-purpose public access corridor along
Biscayne Bay that will serve as a connection between businesses, residential areas, schools,
parks, and the bay; and
WHEREAS, Lincoln Bay Towers Association owns the property at 1450 Lincoln Road
and has riparian rights to the Bay adjacent to their property; and
WHEREAS, accordingly the administration, the City Attorney's Office, and Lincoln Bay
Towers have negotiated the attached agreement whereby Lincoln Bay Towers agrees to convey
riparian rights to the City to allow the City to construct, repair and maintain and operate an
overwater independent pile supported public walkway structure and associated improvements
upon sovereign submerged lands located immediately waterward of the property; and
WHEREAS, the agreement creates the right, but not the obligation, for the City to
design, permit and construct an over-water public baywalk section westward of the subject
property's seawall and pool deck, in order to complete the Baywalk between 5th Street and
Lincoln Road.
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 of the City of Miami Beach, Florida, approve and authorize the Mayor and City
Clerk to execute the Baywalk Authorization Agreement with the Lincoln Bay Towers
Association.
PAS ED and ADOPTED this day of I/OV N (lP�, 201
ATT
CI CLERK r� '� MAYOR
APPROVED AS TO
FORM&LANGUA E -
��1T
& r
E C O 'ORI'i� j',�r,, i�C_ P
• .,\ �.. `�=ems •.• .^n, :..
Attorney Dated
TAAGENDA\2014\November\Baywalk A�,fhorizatian'AX 1 ement-Lincoln Bay Towers RESO.doc
"�i
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Approving and Authorizing the Mayor and City Clerk to Execute the Baywalk Authorization
Agreement with Lincoln Bay Towers Association.
Key Intended Outcome Supported:
• Build and Maintain Priority Infrastructure with Full Accountability
• Enhance Pedestrian Safety
• Commission a Comprehensive Mobility Plan Which Gives Priority Recommendations
Supporting Data (Surveys, Environmental Scan, etc.): N/A
Item Summary/Recommendation:
The City of Miami Beach is in the process of developing a Baywalk that will create a contiguous pathway running
north/south adjacent to the Biscayne Bay from 5 Street to Lincoln Road.The Baywalk project is part of the larger
Atlantic Greenway Network which aims to promote the use of alternative transportation to reduce traffic
congestion and improve public access to Biscayne Bay. The City's Baywalk Master Plan (Attachment A)
illustrates portions of the walkway that have already been constructed, and those segments that will need to be
constructed over water to maintain continuity.
The Lincoln Bay Condominium located at 1450 Lincoln Road, as part of the Design Review Board approval, has
agreed to allow the City to design, permit and construct an over-water public baywalk section westward of the
subject property's seawall and pool deck. This agreement has since been drafted and has been signed by the
condominium association officers(Attachment B).
The existing rear pool deck extends over the seawall and projects into the bay. Consequently, the only method of
connection from the western street-end of Lincoln Road to the north side of the Mae Capri baywalk is to construct
an overwater baywalk adjacent to Lincoln Bay Tower Condominium.
The agreement has been finalized for recordation and includes the release of riparian rights by the property in
order to carry out the construction of the public baywalk segment in this area. In addition, the City has agreed to
ensure complete and total responsibility for the construction, repair, and maintenance and operation of all
baywalk improvements necessary to maintain the structure in a safe and functional condition. The City will also
be responsible for obtaining all necessary local, state and federal permits as well as approvals that may be
required on occasion for the purposes of constructing, repairing, or maintaining the baywalk. Execution of the
Baywalk Authorization Agreement with Lincoln Bay Towers Association will allow the City to construct the
baywalk and provide a vital link for the continuity of the streetend at Lincoln Road to the southern baywalk
segment.
Administration Recommendation -Adopt the Resolution.
Advisory Board Recommendation:
F_NIA
Financial Information:
Source of Amount Account
Funds: 1
2
3
OBPI_ Total
Financial Impact Summary: This item requires no funds.
City Clerk's Office Legislative Tracking:
Elizabeth Wheaton x6121
Sign-Offs:
D p rtment Director Asslotant City Manager ity Manager
MF J J
AGENDA ITEM MIAMIBEACH DATE
�� ��
MIAMI BEACH
City of Miami Beath, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
To: Mayor Philip Levine and Members f the City ommission
From: Jimmy L. Morales, City Manager
-Date: — November 19, 2014
Subject: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE THE BAYWALK
AUTHORIZATION AGREEMENT WITH LINCOLN BAY TOWERS
ASSOCIATION.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
BACKGROUND
The City of Miami Beach is in the process of developing a Baywalk that will create a contiguous
pathway. running north/south adjacent to the Biscayne Bay from 5 Street to Lincoln Road. The
Baywalk project is part of the larger Atlantic Greenway Network which aims to promote the use of
alternative transportation to reduce traffic congestion and improve public access to Biscayne Bay.
The City's Baywalk Master Plan (Attachment A) illustrates portions of the walkway that have
already been constructed, and those segments that will need to be constructed over water to
maintain continuity.
The Lincoln Bay Condominium located at 1450 Lincoln Road, as part of the Design Review Board
approval, has agreed to allow the City to design, permit and construct an over-water public
baywalk section westward of the subject property's seawall and pool deck. This agreement has
since been drafted and has been signed by the condominium association officers (Attachment B).
ANALYSIS
The existing rear pool deck extends over the seawall and projects into the bay. Consequently, the
only method of connection from the western street-end of Lincoln Road to the north side of the
Mae Capri Baywalk is to construct an overwater baywalk adjacent to Lincoln Bay Tower
Condominium.
The agreement has been finalized for recordation and includes the release of riparian rights by
the.property in order to carry out the construction of the public baywalk segment in this area. In
addition, the City has agreed to ensure complete and total responsibility for the construction,
repair, and maintenance and operation of all baywalk improvements necessary to maintain the
structure in a safe and functional condition. The City will also be responsible for obtaining all
City Commission Memorandum
Lincoln Bay Towers Baywalk Authorization Agreement
November 19, 2014
Page 2 of 2-'
necessary local, state and federal permits as well as approvals that may be required on occasion
for the purposes of constructing, repairing, or maintaining the baywalk. Execution of the Baywalk
Authorization Agreement with Lincoln Bay Towers Association will allow the City to construct the
baywalk and provide a vital link for the continuity of the streetend at Lincoln Road to the southern
baywalk segment.
CONCLUSION
The Administration recommends executing the Baywalk Authorization Agreement with Lincoln
Bay Towers Association.
JLM/JJ/MF/ESW/YP
ATTACHMENTS:
A: BAYWALK MASTER PLAN
B: BAYWALK AUTHORIZATION AGREEMENT
T:\AGENDA\2014\November\Baywalk Authorization Agreement-Lincoln Bay Towers MEMO.doc
I
r-
PL
i --*fin...
Lincoln Bay Towers -No
j
r . �', `'.� x`�;�.t�F``¢' ,a� �1'S1 � �. � :ate. ..u..•-�..'v �i'='1?
♦ � 1I 1 �, ' 4'Y.•al�u ... F6 k � y •1 .:,flea* �w.a {♦�
All
9v ONO,
AW am
wu
U16 Ss
79
Jig
.._.._ •� •fir � �' ,� .� �,� � ;
a i f Zial • �!!!a
it gig
.T CJ1J e s `C=7 f
wv
44MM ISO
a
a. .•T ���' __ � � 1�1L�','�` it
u
f
BMW gm
ISM
FPO& own
'!' .a '. �1 ,. lf� AN
•,�^ 1 ■ _ too 1
Lw
PM
LF
ATTACHMENT B
This instrument prepared by:
Gary M.Held, First Asst. City Attorney
1700 Convention Center Drive
Miami Beach, FL 33139
/ (This space for Clerk)
BAYWALK AUTHORIZATION AGREEMENT
This BAYWALK AUTHORIZATION AGREEMENT ("Agreement") is made as of the date
set forth below by and between Z1;JCd ._� A ,v c,' 4 "Grantor'') and The
City of Miami Beach ("Grantee") for the following luses and purposes.
RECITALS:
Grantor is the owner in fee simple of that certain tract or parcel of real property lying and
being in Miami-Dade County, Florida, known as rg)e d s
address is I�Ifo- L,�/aO% &W , Acom &4 Fl�, and is ore particularly described in the
legal description attached as Exhibit "A" hereto and made a part hereof(the "Property").
The Grantee desires to obtain, and Grantor has agreed to convey, certain easements
and/or riparian rights, to allow Grantee to obtain a sovereignty submerged lands lease or other
use authorization from the Board of Trustees of the Internal Improvement Trust Fund of the
State of Florida ("Board of Trustees") and construct, repair, maintain and operate an overwater,
independent pile supported public walkway structure known as the "Baywalk" and associated
improvements ("Baywalk") upon sovereign submerged lands located immediately waterward
(west) of the Property.
NOW, THEREFORE, Grantor and Grantee hereby covenant and agree as follows:
1. Recitals: The recitals set forth above are true and correct, and incorporated into this
Agreement.
2. Grant of Riparian Rights: Grantor hereby grants and conveys to Grantee, the following
riparian rights related to the Property:
a. Riparian rights for the purpose of allowing Grantee to construct, repair, maintain and
operate a public Baywalk located, or to be located, by Grantee on sovereignty
submerged lands pursuant to a Sovereign Submerged Land Lease or other use
authorization between Grantee and the Board of Trustees;
b. Grantor hereby reserves riparian rights for pedestrian ingress and egress across the
Baywalk to all existing or future constructed docks or piers waterward (west) of the
Baywalk, for purposes of access to and from the waters of Biscayne Bay, and for
fishing, swimming and other recreational uses, to the extent consistent with the rights
granted in paragraph 2.a. above. Grantor hereby reserves the right to provide a
Initials/Vd
—V1- v
Initial s
BAYWALK AUTHORIZATION AGREEMENT
Page 2 of 4
locked gate waterward of the Baywalk to prevent public access to existing or future
authorized private docks or piers, or the Property.
3. Baywalk: Grantee shall have complete and total responsibility for the construction,
repair, maintenance and operation of all Baywalk improvements necessary to maintain
the structure in a safe and functional condition. Grantee shall be responsible for
obtaining, at Grantee's cost, all necessary local, state, and federal permits and
approvals that may be required from time to time for purposes of constructing, repairing,
and maintaining the Baywalk. Grantor, as fee simple owner of the Property, agrees as
necessary, to affirm to any permitting agency for the purpose of issuance of a required
permit authorization for Baywalk construction, and assist Grantee, at Grantee's cost, as
may be reasonably necessary, including but not limited to the execution of such forms as
required for such permits. Grantee shall be solely responsible and liable for complying
with any local, state, or federal permits, requirements, obligations and duties (if any),
related to the construction, repair, and maintenance of the Baywalk. Grantee agrees to
undertake reasonable efforts so that the Baywalk will be offset a minimum of twenty (20)
feet away from the Grantor's pool deck, subject to final determination of location by
environmental agencies with permitting jurisdiction over the Baywalk based upon
environmental conditions.
4. Maintenance, Repair and Improvements: Grantee shall, at its sole cost and expense,
timely perform all maintenance, repair and replacement of the Baywalk and shall at all
times maintain the Baywalk in a safe condition. In the event Grantor's seawall and/or
pool deck requires repair or maintenance necessitating access from the water side, the
Grantee, at its sole cost, and providing such work cannot otherwise be reasonably
accomplished, agrees to remove one or more sections of the Baywalk, or necessary
portions thereof, so that the Grantor can have access to the seawall and/or pool deck for
such repairs or maintenance. At the conclusion of the repairs or maintenance, the
reconstruction of this section of the Baywalk shall be at the sole cost of the Grantee.
5. Covenants Running with the Land: The riparian rights and Baywalk authorization
conveyed herein shall be deemed to be covenants appurtenant to and running with the
ownership of the Property, or any portion thereof.
6. Indemnification and Hold Harmless: The Grantee will assume and defend all liability
of Grantor, with respect to the Baywalk, except for any liability arising in whole or in part
from the negligence or willful acts of the Grantor, its officers, owners, residents, guests
and employees. Nothing contained in this paragraph or elsewhere in this Agreement is
intended to be a waiver of the limitations on the Grantee's liability to third parties as set
forth in Section 768.28, Florida Statutes; however, the limitations under such statutory
provision shall not apply to the Grantee's contractual obligations to defend Grantor and
to cover, pay and/or reimburse any and all costs, expenses, liabilities, claims, actions,
causes of action, losses, demands and damages, including, without limitation,
reasonable attorneys' fees (including the cost of in-house counsel) and disbursements at
the trial level and all levels of appeal, relating to death of or injury to persons, or loss of
or damage to property, incurred by Grantor and occurring with respect to the Baywalk,
resulting from, arising out of, or incurred in connection with, use of the Baywalk by the
Grantee, except as excluded herein.
Initials
Initials 1
BAYWALK AUTHORIZATION AGREEMENT
Page 3 of 4
7. Assignment: This Agreement shall be binding upon, and inure to the benefit of the
successors and assigns of the parties hereto.
IN WITNESS WHEF�EOF, Gra for and Grantee have executed this Agreement effective
as of this o9-`X day of G( , 20L�
SIGNED, SEALED AND DELIVERED Grantor:
IN THE PRESENCE OF:
By: 114 e-e 0w X; 'i . .
•� n
Name: ;�
^— Title:
Name: �d�,•f tit. S,
Name:
STATE OFD��G� )
COUNTY OF
The fo oing instromentwa s I knowledged before me thisa�day of G� ,
20/ by .� ,�i�0� as of
� on behalf oft he company.
By: L=A
Si ature o ary P.4I
My Commission Expires: ;%%'Pjky JENNIFER RAMIREZ
Printed, typed or stamp '�.° Notary Public -State of Florida
` My Comm.Expires Jul 25,2014
Commission#EE 2131
SIGNED, SEALED AND DELIVERED Grantee: THE CITY OF MIAMI BEACH,
IN THE PRESENCE OF: FLORIDA, a Florida municipal corporation
By:
Name:
Name:
Attest:
By:
City Clerk
Approved as to form and language
and for execution:
Initials ;
Initials
I
E
f
i
h
I
S
BAYWALK AUTHORIZATION AGREEMENT
Page 4 of 4
_6V1 City(XttornVy Dated
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this day of ,
20_ by and and
respectively, for the City of Miami Beach, Florida, on behalf of the
City.
By:
Signature of Notary Public
My Commission Expires:
Printed, typed or stamp
F:\ATTO\HELG\Baywalks\Lincoln Bay Tower\BAYWALK AUTHORIZATION AGREEMENT-9-28-2012.doc
Initials
Initials
®
i
t