320-99 RDA
RESOLUTION NO.
320-99
A RESOLUTION OF THE CHAIRMAN AND MEMBERS OF
THE MIAMI BEACH REDEVELOPMENT AGENCY
APPROVING AMENDMENT NO.2 TO THE AGREEMENT
BETWEEN THE MIAMI BEACH REDEVELOPMENT
AGENCY AND KIMLEY -HORN AND ASSOCIATES, INC.,
APPROVED UNDER RESOLUTION NO. 314-99, FOR
PROFESSIONAL ENGINEERING AND LANDSCAPE
ARCHITECTURAL SERVICES, IN THE AMOUNT NOT TO
EXCEED $103,800 FOR SURVEYING, PREPARATION OF
CONSTRUCTION DOCUMENTS, BIDDING AND
PERMITTING SERVICES FOR THE WASHINGTON
AVENUE ROADWAY EXTENSION, AS PROVIDED FOR IN
THE PORTOFINO SETTLEMENT AGREEMENT; TO BE
INCLUDED AS PART OF PHASE I OF THE SOUTH POINTE
REDEVELOPMENT AREA STREETSCAPE PROJECT; AND
APPROPRIATING $1 MILLION FROM THE SOUTH POINTE
TAX INCREMENT FUNDS TO ACCOMPLISH THIS WORK.
WHEREAS, the Miami Beach Redevelopment Agency issued a Request for Qualifications
(RFQ No. 15-98/99) to provide Professional Engineering and Landscape Architectural Services for
Design of Street Improvements in the South Pointe Redevelopment Area; and
WHEREAS, on January 7, 1999, and January 11, 1999, an Evaluation Committee reviewed
the proposals submitted and, after presentations, recommended the firm of Kimley-Hom and
Associates, Inc. to the Executive Director; and
WHEREAS, on January 20,1999, the Miami Beach Redevelopment Agency was granted
authorization to negotiate an agreement with Kimley-Hom and Associates, Inc.; and
WHEREAS, on February 17, 1999 the Miami Beach Redevelopment Agency Board
approved the initial Professional Services Agreement with Kimley-Hom and Associates, Inc., for
a negotiated fee of $75,925 for the Master Plan; $69,835 for surveying; with an additional $25,000
for reimbursable expenses; for a total amount not to exceed $170,760.
WHEREAS, the Administration recommends that the Chairman and Members ofthe Board
of the Miami Beach Redevelopment Agency approve the attached Amendment No.2 to the
Agreement with Kimley-Hom and Associates, Inc., for a negotiated fee of$103,800, for surveying;
preparation of construction documents; bidding and permitting services, for the Washington Avenue
Roadway Extension work, as part of Phase I of the South Pointe Redevelopment Area Streetscape
Project.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CHAIRMAN AND
MEMBER OF THE MIAMI BEACH REDEVELOPMENT AGENCY, that the Chairman and
Members of the Miami Beach Redevelopment Agency herein approve and authorize the Chairman
and Secretary to execute the attached Amendment No.2 to the Agreement with Kimley-Hom and
Associates, Inc., pursuant to Request for Qualifications No. 15-98/99, in the amount of $1 03,800,
for surveying; the preparation of construction documents; bidding and permitting services, for
professional engineering and landscape architectural services for the Washington Avenue Roadway
Extension work, as part of Phase I of the South Pointe Redevelopment Area Streetscape Project, and
further appropriate $1 million from the South Pointe Tax increment funds to accomplish this work.
PASSED and ADOPTED this 26th day of May
cJ
,1999.
1Jb:y 0Iv~
SECRETARfl
APPROVED AS TO
FORM & LANGUAGE
& FOR EXeCUTION
F:\ WORK\$ALL\MERCEDES\COMMEMO\KHRESRD I. WPD
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Thi3 In3trument Prepared By:
Thoma" V. E:&g:J.n. P.A.
Steel Hector & Davi3 LLP
~OOO Fint Union Financial Center
Miami. FIoriu:& 33131-2398
J7TIc/MtEA/T 4. /
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S.A.4.2.2.2
ACCESS AND UTll.ITY LICENSE
AND RF:\IOVAL AGREE'-fEN"'(
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K'iO\V ALL MEN BY THESE PRESENTS THAT:
i\L~RQUESA DEV'ELOPMENT LTD., a Florida limited partnership
("Marquesa" or "Grantor"), as the Ov,l1er of the License Parcel, as hereinafter defined, in
consideration of the sum ofTen and No/IOO Dollars (SIO.OO) and ocher good and valuable
consideration paid to Grantor by the CITY OF Ml~'n BEACH, FLORIDA, a Florida
.municipal corp?ration (the "City") and the ~fiami Be:lch Re~eve!opme:lt Age::.cy, a Florida
put: lie age:lc"j crgJ....~e~ a:!d e:cst:ng PUnt!:l:1t to the COm::lucity Redeve!opme:lt Act of 1969,
Cha;:ter 163, Part III, Florida Scatt:tes, as ame::de~ (the "Re=eve!cpment Agency") (tb.e Ci=-j a::.c
the Red"v..lo"''''''e~~ A,...."'cv here;n..~..e" SO!'T"...:......s c""l..,...:....:.. -s:'s~a,.J t:" ..,. l't.,e "G--:::"'r....") l'~..
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oro ',.; ;: t.... 1-00 C. . ~ f: . ... . t::"': . ~ ...... 1.... 9 h .
ma.: mg ac...ress O. W...lC:llS I Cc.ve::t.or:. Cente:- Dnve, ~"~a::::.l .:::::>e:lC.i:l, t" lon...a .J.J J " e:-eoy
grallts, conveys, bargains and seIls to Grant~, its successors and assigns, for the use of public.
utilities a."ld such persoQ.S as shall from time to time be desig:!!2ted by Gra."lte:, a license, for t.i.e
purposes herein expressed, in, on, unce:-, Over a::d across tr:a.t ce:-..a:n pa:cet of r::!l prope:::1
situated in ~fia.'TIi-Dade Count"j, Florida CL"1d more par-..iC'..lIady described in E'{hihit ..~" 2.t!2.ched
L.s.....~O ""'d Le.....~v ma~'"' a "'......,. L........O~(.~ "L' PI")
l~.... ..... [,. ,",w. ... ..- :-- . l~... . ."e lcense arc:. .
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TO H..-\ 'Y",,[ AND TO HOLD the lice:1se hereby granted umo Grantee, a:1c its succesSors
and assigns, upon and subject to the fOllowing terms, conditions and reservations:
I. Grantor hereby grants to Grantee a non-exclusive license in, on, under, over and
across the License Parcel and contiguous lands owned by the Grantor for the purposes of allowing
passage, and access to, and re3..Sonable use of the License Parcel and for the purposes of the removal
of the utilities installed or maintained pursuant to that cef'tain Access Easement recorded in Official
Records Book 13368, Page 2769 and/or that certain Utility Easement recorded in Official Records
Book 13368, Page 2774 , subject, however, to the conditions, limitations and reservations set forth
herem, and the Grantor hereby reserves onto itself all rights not inconsistent with the rights granted
hereunder.
2. Grantor hereby agrees to permit the existing underground utilities located in, on
und~r, over and across the License Parcel to re=::ai:l in their oresent location until such time as
.
Gra~tee cetenr.ines, in Grantee's sole cisc:etion, to constn.tct t.~e improve:ne::ts which are to
'!--or-or-.,a ~L,,a 1""n.J. C"'s--=!-'e-z 'un E:t:hib't "B" - toe": t.,a~~~o ""d ma,J,a a p"'''''' h,a..,aOf'I'-to
..1.. :' ...... ...... "-' ....;) ........... ~ . , a~i:3.C.... .... 1......... ...... .......... ... ~ .......... . ...I.
\Vashing:on Avenue (t.l;.e II.Washi..-:g:::n Avenue Exte::.sion") and re!ocate tb.e utilities situated on the
T . 0 I'" t. t. . "J -., '. A _ .
~tce:cse · a:ce. W:l:.cn l.:.:::-Ie l.ieen mS'~le~ or r:::.a.:::.ta=e:: pursuant to tnat cer::am ccess l:.ase:nen~
recorded in Official Records Book 13368. Page 2769 and/or that certain Utili!"j Ease:nent re~orded
in Official Records Book 13368. Page 2774; provided, however that Grantee agrees to construct the
\Vas1:ir:g:an AVe:lue Ex:e:-..sion a."1C relocate the utilities described here:n on or before one year after
Grantor has se~.1:ed the Final Appro....als cescrioed in that ce:--ain Se>::le:ne:J.t Agree:::1ent entered i::.ro
by a.'1C arnong the City, the Redeve!opme:lt .A.ge::.Cj" a.'1d \Vest Side Partner3, Ltd., a Florica lirr..i:ed
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partnership ("\Vest Side") of eve~ date herewith (the "Settlement Agreement"). On the e3.riie;- of:
, (i) the relocation of the utilities described he;-ein, or (ii) eightee~ (18) months from the Final
Approvals, this Grant of License shall automatically terminate and be of no furthe;- force or effect;
provided howeve;-, that in the event that all of the applicable fede:-al and state.permits and consents
required for the relocation of the utilities cannot be obtained within six (6} months of the date of the
Final Approvals, Grantee shall have an additional period of up to six (6) months to obt.ain said
permits and consents, provided that the Grantee has pursued the issuance of such permits and
consents diligently and in good faith.
3. At the time Grantee determines that it is necessary to relocate the utilities, Grantee
shall provide at least ten (10) days written notice to Grantor prior to commencing the relocation of
the utilities. Grantee shall be responsible for the physical relocation of the described utilities witliin
"
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the License Parcel, and Grantee shall be responsible for the payment of all costs and expenses
'i::curred bv Gra...;."1tee to relocate StIch utilities
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4. !\jeither Gr~1.tor nor its successors and assig...T1S assume or shall have any liability or
respcr.sioility to 6e Gra...-:t:e a."1C its SUccessors, contractors, subcontractors, agents, employees,
cus::cm~rs, invitees, or any other persons using License Parcel and contiguous lands in accordance
with the terms hereof.
5. Gra..."ltee sh.a!l be liable and respollSible, to the ex:ent permlned by law, for any costs,
liabilities, claims or damages, including, without limitation, reasonable attorneys' fees and
dis~ur3ements at the trial level a.'1d aIlleve!s of appeal, relating to de2.th of or injury to persons, or
(ess of or dar.-:aze to proper0', incur.-e:1 by Gra..."1tor its successors ~"lClor assiZ'.s in tide to the
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License Parce!, and resul:ing from, arising out o~ or incurred in conne~:ion v.ith the use of t.:';e
License Parcel by the Grantee and/or the Grantee's invitees, agents or employees, in connection with
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the License herein grar.ted or such use of the License Parce!. Gra.'1tee shall defend a:1Y ar.d aU claims
asserted aQ:ainst Grantor, its Successors and/or assiQ:ns resultin'! from, arisinl! out of. or inc:Jrred in
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connection with the use of the License Parcel by the Grantee a.'1d/or the Grantee's invitees, agents
or employees. In such e'lem, Grantee shall be entitled to select counsel of Grantee's choice to defend
the claim; provided, however, the Grantor shall be permitted, at its c~)St and eX;:Je:l.se, to retain
independent counsel to monitor the claim proceeding. Notwithstanding a.'1y"'thing contained herein
to the contrary, Grantee shall not be obligated or liable to Grantor for any costs, liabilities, expe:1ses,
losses, claims or damages, including, without limitation, reasonable attorneys' fees or disbursements
at the trial level and all levels of appeal, in respect of third party claims relating to death of or injury
to persons, or loss of, or damage to, property, and resulting from, arising out of or incurred in
connection with the use of the License Parcel by the Grantee's invitees, agents or employees, or the
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Grantee in connection with the license herein granted or the use of the Lice:lSe Parcel, for amounts
in ex:ess eftiose lin-.1t.lticns 0::. the star..rtorl waiver of severe~Z:l im.munitv provided ur.der Florida
. -.
Stat~te S 768.23 (or a."lY Successor statute there:o), or in respect of c!aL."!:S resulting from the
intentional or negligent acts of Gramor, its ofEcers, ir:vitees, lessees, e:nployees, agents, guests,
l;,....::a.~-:~. .. ,..,~._--~~~- r,. tt...~ .s....~_.. r:..... G -' ..- .,.. ..... ---,... ,. t."",\ ,. r t .1.... t"1''"..05
''''-'~'--;) C. c.,j....:......'-.~. .......... "-h. ,,,,,::,. -ra.r:.!ee e::l:--10Y.:. a:.j c....n:....a._.o. '" le.oca e ..".. u II..",
s;::~::.:ed en ~::e License Pa:;::e!, then Gra:::ee shall r::~~ire such contractor to provide a copy of its
liability insurance policy and workmen's compensation policy to Li.e Grantor, along \;~th a.'1.
appropriate endorsement sho\1tmg the Grantor as an insured party, in connection with such work, a.'1d
t::at such com:actor maintain reasonabie liabilitv covera>2:es cOI"..sidenng the na:ure of the work to
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h.e unce:-:aken.
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6 [n the eve:1t of a default hereunder, the non-def3.ulting par.y shall be e:ltitld to seek
all remedies available at law or in equity, except for rescission, revocation or termination of this
Grant of License.
i. This Grant of License constitutes the entire agreemem betwee..'l the parties hereto
relative to the license hereby granted, and any agreement or representa~ion which is not expressly
set forth herein and covered hereby is null and void. Except as set forth herein, there are no
. .
promises, representations, or understandings between the parties of any kind or nature-whatsoever.
Any amendment, modification, or supplement to this Grant of License must be in writing and
executed by both Grantor and Grantee. Waiver of any breach of any term or pro'vision hereof shall
not be deemed a waiver of any subsequent breach of the same or any other term or provision hereof.
8. This ins..rument may be executed in any number of counterparts, each of which shall
:- }
be deemed an original for all purposes and all of which shall be one and the same document.
. . 9.
Ifany provision or portion ther~tofthis Grant ofLice:-..se is declare:: or found by any
COUrt of ccmpetent jurisdiction to be unenfcn:eable or null and void, s..rch provision or portions
t:;e:-ecr sha!! be cee::led Stricken and seve:-ed from t.his Gra.:lt. of Lice:lSe, and t.he remaining
~rovis~or.s a::d ForJons thereof s::.::11 Continue in full for~e a.r:d e:feC't. If a pOrtion is so stricken, it
is t::.e inte:1ticn of t.::e c;;.:::es t.~a: the COUrt ~ive suc~ pro...~.sioQ its ne:uest valid a..'ld le~al meaning.
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10. This Grant of License shall be co~rued and governed in accorda.r:ce with ~~e laws
of:I:e Scate of Florida without af'plication of the conrlict oflaw principles. All of the parties to this
Gra.."1t ofLice:'.se have par.icipated fi.dly in the negotiation and preparation hereof; and, accordingly,
this Gra..'1t of License shall nct be more s~rictly cor.strue::: agains~ a:1Y one of the parties hereto.
11. p.o.n.y notices required or pe:-TI'.ittd to be give:1 under t:.1is Gra..'lt of LicerlSe shall be in
writir.g a..'1d shall be deemed to have been given if delivered by hand, sent by recognized ovemi~ht.
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~-"~ in a postage prepaid envelope, and addressed as follows:
courier (such as Federal Express) or mailed by cei.ified or registered mail, re:Urn re-:e:pt re~ueste:::,
If to the Grantee
at:
1 iOO Convention Center Drive
ivfiami Beach, Florida 33139
Attn: City Manager
With copies to:
1 iOO Convention Center Drive
lvfiami Beach, Florida 33139
Attn: City Attorney
and
Steel Hector & Davis LLP
4000 First Union Financial Center
Miami, FL 33131
Ann: Thomas V. Eagan, P.A.
If to Grantor:
404 Washington Avenue
Miami Beach. Florida 33139
Ann: Margaret Nee
,'" )
With a copy to:
Gr~nberg. Traurig, P.A
1221 B ricke!1 A ve:lue
~fiam4 Florida 33131
At:n: Ma~..hew B. Garson, Esq.
Notices personally ce!ivered or sent by overnight courier shall be deemed given OIl the date
of delive:y ~-:c notices I:::!:t;1~ lI1 accordance with the foregoing shall be deemed given three (3) days
a::er C::?CSl!:"'-: the U.S. cails. A party may change its address by sending a notice of such change
in accordance wit.1" the provision of this Paragraph.
Di" \VITh""ESS "'HEREOF, Gr~'1tor and Grantee have caused this Grant of License to be
ex~ted in its na..ne by its ll..'1dersigned culy authorized officers and its corporate se~ to be he:e~r:to
affixed, as of the davof
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,199_.
Sig::ed, se:lled a.'1d de!ive:-ed
in 6e presence of:
M.A.RQUESA DEVELOPMENt, LTD., a Florida
limited par..nership
"'-n":N..,M -~
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Thi, In,crumenc Prepared By:
Thom:u V. E~g2n. P.A.
Steel Hct:tor &. D~vu LP
.:000 Fir:>t Union Fin~ncial Center
Mi~mi. Florida .331.31-:.398
SA ~2.2.2
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\V..1 q..n~jGTnN ..1 "r;="\;l IE Fl<Tt="N.<\T0:\)' ~ ..1I\F\fE~rr Dl=DT(" A TTO;\,j A (;R l=F\,r;;~1
This Ease:ne~t Dedication Agre::ne:1t (" Agre:me~t"), is dated
199-, by and a.'11ong Azure Coast Deve!opment Ltd., a Florida limited partnership (" Azure") as the
owner of the F.mson Parcel more particularly described in E:'<:hibit A. attached hereto and made a part
. ~
hereof~ Sun & Fun, Inc., a Flonda corporation ("Sun &. Fun"), and Beachwalk Developmen.t
Corporation, a Florida corporation ("Beachwalk"), as the owners of Goodma.'1 Terrace, as more
,.. ~: ,.
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pa~icularly desc:"ibed in Ey;';~it B ar:-:.ached hereto a!ld mace a p2..."": hereof, a.~d East Coasiline
Deve!opme:lt, Ltc., a Florica limited pa.--..'1.e:sr.i? ("E~ Coastline"), as tb.e o.....~e: of the Alaska
Pare:!, as more par..icdariy described i~ Ey~i}'i~ <': a~c=ed hereto a..:c made a pa:t he:eof(Az'olre,
s~:: & F:.!!"., E~h.',:,'21k. 2..::C E~: Ccastii.:.e are r:e...e:.:.:~..f:e: s~::::e=es c::n~'''e~': re:e::-ed to as the
... .
"OWU::...s") and the Cicy of Mia..rni Beach, Florica, a municipal corporation ("Ci!'f")_
\V T T N ~ S ~ l= T H:
\vriEREAS, in ode: to resolve the ccm:cve:sies a."ld the litigation involv1...'1g SSnrNor.h,
SSD! South a;.d the Cor: Pare:! (as more pa.:.-:iC'..llariy desc:"iced in Eyt,i~i~ D a=-achd here:o a..'1C
. h'" C' .. R' . ..: . . r' d'
ru2.c: a part .e:e~[) t.:1e l:-j a..iC tne e::.eve:CCC1e::t A:z~::cj' e:lte:e.... Into a ~..:::u.atl.on a..'1 oreer
. - .
("Or-:e:-") in '('"II"!' 1\:-,r"I"'''' p":;al("ln"~<;: Tr-:r- ":sf v r;~v ("I~?\.f;,.mi ~..,...h 1',.1. Case No. 82-24526
(19) (Fla. 11 th Cir. Ct. 1931) which Was approved by the 11 th Judicia! Circuit in a."ld for Miami-
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Dade County, Florida (the "Court") on July 8, 1985, and the Court retained jurisdiction over the
par.ies and subject matter in order to assure compliance with the terms of the Order. Pursuant to the
Order, the City and Redevelopment Agency ratified certain judgments and entered into a series of
agreements with South Shore Developers, Inc. ("SSDI") pertaining to the purchase, ownership and
development rights ofSSDI South and SSDI North, and which, in part, dealt with certain duties and
obligations relating to the Marina and Core Parcel, pursuant to the following documents: .
1. A Contract of Sale from the City and Redevelopment Agency, as sellers thereunder,
in favor of SSDI as purchaser there-..mder, dated July 24, 1985, and recorded July 31,
1985, in O.R. Book 12590, at Page 2795, as amended by Amendment of Contract of
Sale dated April 17, 1986, and re---..orded Apri130, 1986, in O.R Book 12873, at Page
2602, all in the Public Records ofNfiami-Dade County, Florida, pursuant to which
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the Ci~ a..'1C Recevelopmen: AgenC'j agreed to sell to. SSDI two (2) trac:s or land
cor._"1loruy re:e:-red to as "SSDI South" a..1.d "SSDI North" (the "Contract of Sale");
2. A Final Judgment for monetary damages with interest thereon dated September 18,
19S4, as recorded in O.R. Book 12276 at P~e 2258, and a certified copy ofwhicn
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was recorded in O.R Bock 16289, at Page 1495, together ~1th a judgme:lt for
attorneys' fees dated September 23, 1986, as recorded i.n O.R. Beok 13033, at Page
1235, and a certified copy of which v.-as recorded in O.R. Book 16293, at Page 1045,
all in the Public Records of ~fiami-Dade Counry, Florida (collective!y, the
" judgrne:1ts");
3. A Mortgage from t.1e Redeve!opment Ag:nc"j to SSDI enC'..unbering bO!.1 SSDI
;
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South and SSDr North as security fer the payment ofth:: Fina11udgment referred to
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~, subparagraph 2 above and to ensure the performance by the City of its oblig:ltions
"-".,
underthe Order and other documents, which Mortgage was dated July 24, 1985, and
recorded an July 31, 1985, in O.R. Book 12590, at Page 2786, ofche Public Records
of Miami-Dade County, Florida (the "Mortgage");
4. A Development Agreement dated as of April 11, 1986, and recorded in O.R.
Book 12813, at Page 2612, of the PublicRecords of Miami-Dade County, Florida,
by and among the City, the Redevelopment Agency, and SSDI and established in
order to define the rights and obligations of the parties relating to the development
of SSDI North and SSDI South (the" 1986 Deve!opment Agreement"); and
5. A Parking Agreement dated as of April 17, 1986, and recorded in O.R. Book 12873,
at Page 273 1, of the Public Records of rvfiami-Dade County, Florida, by and among
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the Ciev, the Redeve!CDa:ent A2e:J.cv and SSDI, as fhr-.b.er a:nel1ded by le::er
.. ... - ; ,
ag::e:::1ent dated AntiI 11 1986 pursuant to which the par-..ies established ce:-..ain
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rights and obligations "With respect to the constru~Jon, cas!, purchase, maintenance
a."'lC ope:atioc. of ce:-..ain parlCing spaces to be located cn SSDI Nor..h and SSD[ South
Coho" 1 ("'86 p.. ,,1':nrY Ag-e........ .11)
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The Order and other doc..:menrs desctibed in St:b-~a!'agrapb (1) t..:.u-ough (5) above are
here:!'...afrer someti.-:-:.es collectively referred to in this Agreement as the" 1986 SSDI Doc..lments"; and
\\;HEREA.S, all of the rights of SSDI under t..i.e 1986 SSDI Doc..uuents have bee:. sold a..'1C
assigned to West Side as evidenced by that cer-..ain Assignment a,..:d AssumFtion of Mor-gage a.'1C
Other Documents dated April 6, 1994, and re--..orded AiJri1 1,1994, in O.R.. Book 16313, Page 1077,
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of the Public Records of tvfiami-Dace COUnty, Florida (the "A..ssignment and Assumption of
Mortgage and Other Documents"); and
\V1-lEREAS, the City, as landlord, and Carner-Mason ..\.ssociates, Ltd., as Lessee, entered
into a LeJ.Se Agreement dated June 24, 1983, as amended by a First Am~ndment dated October 23,
1991 (the "First Amendment to the Marina Lease"), a Second Amendment dated August 11, 1994
(the" Second Amendment to the Marina Lease"), a Thir-d Amendment dated May 27, 1997 (the
"Third Amendment to the Marina Lease"), and a Fourth Amendment dated April 15, 1998 (the
"Fourth Amendment to the Marina Lease"); said Lease Agreement, as amended, hereinafter
sometimes collectively referred to as the "Marina Lease"; and
\VHEREAS, ail of the rights of the lessee under the Marina Lease are currently held by
Miami Beach Marina Associates, Ltd., a Florida limited partnership ("MBMA"); and
\V1-iERE..o\S, the Core Parcel is still par. of the re~ prope~ Ie:l.Sed pursuant to the ~farina
Le::..se; a.::d
\VHEREAS, \Vest Side, East Coastline Deve!opme:lt, Ltd., a Florida limited par-,.nership
("East Ccas-&e"), 404 Invest..-ne:1ts, Ltd., a Flocda li=.i:ed pa.r-..nersbip ("404 Invest..-ne:J.tS"), Azure
Ccast Deve!opment, Ltd., a F10nca limited partnership ("..:\z'.ll'e"), Beachwalk Development
Corporaton, a Florida corporation ("Beach\l,-a!klt), Portofi..'lO Real Es-..ate Fund, Ltd., a Florida limited
panne:ship ("Portonno R~ Estate Fund"), St. Tropez Real Es-..ate Fund, Ltd., a Florida limited
par:ne:ship (liSt Trcpez"), a.id SU~ & Fun, Inc., a Florida corpcrauon ("Sun & Fun"), which ar~
owned and/or controlled cire~Jy or indirectly by the same principal (here~afte=- sometimes
coile-::ive!y refer-:-ed to as the "?Oftonno Entities" or i.r:.di..idually, as a "POrtofmo Entity"), the City
uti t.~~ Rde'/e!opme~t ..i.3e:1cy e:1tere:: into that cerc.ain agreeme:1t dated Nove:nber 7, 1995, which
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...
was recorded in Official Records Book 16987 at Pa2:e 1197 of the Pub[ic Records oD..(ia:~-j-Dad"
' - ...
County, Florida (the" 1995 Development Agreement"); and
'WHEREAS, the 1995 Development Agreemem provided, among other things, for dosing
on various parcels in three stages: (i) the first closing resulted in the conveyance of the northern
portion or SSDI South to the Yacht Club at Por-onno, Ltd., a Florida lirnited partnership (the
"YCA..?") and the southern portion of SSDI South to West Side, (ii) the second closing resulted in
the conveyance to the City of certain other properties described in the 1995 Development
Agreement, as well as the conveyance of the Goodman Terrace Parcel to a POrto fino Entity, as
described in the 1995 Development Agreement;" and (iii) the third and final closing (the "Final
Closing") was to involve the release of certain rights and obligations with respect to SSDI No~..h and
the conveyance of additional property to the Portonno Entities, all predicated upon the timely
, 1 obtaining of certain final approvals, as described in.the 1995 Deve!opment Agreement (the "1995
---"
Fir:al A:orcva!s"); a.."ld
. .
\VHERE.A...S, the Fmal Closing refere:;.cd in t.i.e preceding paragraph did not occur, the 1995
Final A:Jorovals were not ti=lelY cbtai.1.e::... arc 0:: k::e 20 1997 West Side te:rril'lated 6e 1995
... .. ~ --~... , 1
Development Agreement, except for t.~ose pro\.-tsiot".s of t.~e 1995 Deve!opr::e::: Agree::1e:lt wbch
said agreement expressly provides are to survive; and
w1-':ERE..:\S, the City a....:d t..~e Redeve!opme:lt Ag~::cy Oll the one ha..d, and the Portceno
Entities on the other hand, disagreed OVer the:r respec-..ive responsibilities, obligations and rig:ltS
arising out ofche S'..:rviving provisions ofche 1995 Development Agr~me:1t; and
WriEREAS, on November 5, 1997, West Side Bled wi:n the Ccu~ an Emergency Macion
ta Er-:fcrce Cour:-A;;;rovd November 7, 1995 Deve!opment Agreement and for Contempt against
,...~{ ~.~'tllmr
5
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the City and Redeve!opment Agency in the 11 th Judicial Circuit in and for ~1iami-Dade County.
Florida., Case No. 82-24526-CA-30, in the case styled Wec;t ~ide Pa~"er"j Ltd a Fll"rida !i""it~
i\fi
to the \omfT1unirv Redeve!npmerlt Act (jf Iq/5q DeferldaMr::. seeking to enforce certain of the
surviving provisions of the 1995 Deve!opme:lt Agreement and to request other relief set for:th in said
motion (the" 1997 Litigation"); and
\VHEREAS, the City, the Redevelopment Agency and West Side have agreed to settle the
1997 Litigation, and in connection with said settlement, said parties have entered into a Settlement
Agreement (the "Settlement Agreement"), and pursuant to the Settlement Agreement, West Side has
agreed to execute and deliver this Agreement; and
:.:"':'"1
\VHEREAS, West Side continues to 0""'11 ar:d hold aU efth: rights ofSSDI under the 1986
SSDr Dcc";we:1t5, as scId a..~c a.ssi~e:: to \Ves~ Side pursua::: to the .A..ssllZ:nmem and Assumodon
- -.
of Mortgage and Other Documents, and West Side has cot assig:led or pledged its interests under
tl1e 1986 SSDI Doc..lme:lts to anv caztv' a.."1C
4 ~ 4 J
~1{EREAS, Sun & Fun and Beachwalk., as the 0......11::3 of Goodman Terrace, A.=..lre, as
o'..;:;.e: cfu.~e K:-..s.::n Pucci, and East Coas-Jine, as the owner of the Alaska Parce~ continue to cwn
said. parcels, and have not conveyed, assigned er pled3ed its in!e:eS!3 in s~d paree!s to any party,
exce;Jt in the case of the Alaska Parcel, Hinson Pared a."1d Goodman Terrace, wrich have bee:;.
mort~a2:ed to MeHan United National Bank and
- - ,
VlHEREA..s, Me!lon United National Ba.'lk r.2.5 cor-...se:lte:: to t,1e gra:lting of this Agree:::.e:1-t,
"." .....
a..'1d has sL:bordi.:;ated its Erst lie:1 ime:est in the ,AJaska Parcd, H!nsan Parcel a.'ld Gocdma.'1. T err-ace
. "
, .,-).
,~~.....-. - ~....ua.'ta:a'l"
6
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.,
to the dedication of the Easement Parcel for public right of way purposes, pursuant to the Conse~t
and Subordination attached to this Agreement, and accordingly, the Owners have full authority and
capacity to enter into, execute and deliver this Agreement without the need to se~~re a..'1y additional
conse~t, releJse or joinder of any other parry.
NOW, TI-+::EREFORE, in consideration of the settlement of the 1997 Litigation, One (S1.00)
Dollar, and ether good and valuable consideration, the receipt and sufficiency ofwruch are hereby
acknowledged, the panies hereto agrees as follows:
I. Recitals. The foregoing recitals are true and correct and are incorporated herein by
reference.
2. Dedication. Owners hereby dedicate by permanent, irrevocable ea.sement in favor
.,
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.2
.,
'-.
o f ~he. City the real p:openy more Particularly. described in E '(njhjr ~ at:achec hereto and made '20
pare hereof (the "Ease:nent Parcei") for vehicular a:ld pedes-..rim traffic over the Easement Parcel,
for public righ.t of way pUrposes, and to expand that po~.ion efWashington Avenue located to the
. ~~ . P' D' f"\..._ ~ . " . C' . . 0 1 ru- II
sou~, at ~euu. O1::te nve; vwners l.;.ereoy cove:..a.'1t Wll:.'1 t::e It:y tl:at t::e wners are aw I y
se:z~d of U.~e \VashL::g:cc. Ave:lue Extension i::1 fee simple; that the Owners have good right and
la';,'ful aut.ioriC"f to g.:ant such dedication of easement for the Easement Parcel, and that this grant
cf ease~<=nt is fre~ a.'1d cie:u- of all lie~.s J'ud~ents, encumbrances, conditions, restric"".ions,
' -
e~~e~ts and options to purchase or othe:- rights in favor of third par..ies to purchase, lease, license,
use or ocC'..:py the Ease~ent Parcel; a...~d the City hereby accepts this dedication of easeme:J.t for the
Ease:nent Parcel for public right of way purposes. The Owners a,ld t.~e~ Successors and assigns
l
....... .;
,...~~~
f"1Io.........1Z!'
7
hereby a:;ree that upon completion of the construction of the building(s) and ocher improvements to
:..
be constructed on the .AJaska Parcel, Hinson Parcel and Goodman Terrace, to convey the Easement
Parcel Co the City contemporaneously with, and as a condition precedent to the issuance of the
certificate of occupancy far the last of such building(s) and/or improvements to be constructed.
Owners hereby reserve the right to place underground utilities and drainage in the Easement Parcel
provided that the City consents (which consent shaIl not be' unreasonably withheld or delayed) to the
location of such underground utilities and drainage, and such use of the Easement Parcel by the
Owners and their successors and assigns will not in any way inhibit or frustrate the use of the
Easement Parcel by the City.
3. Zonin<i a.nd PIa!1nin~ Ca.Ic;uIation~. The parties hereto have agreed that Owners and
their respective successors and assigns shall be permitted to include the Easement Parcel in any
zoning or plarlni!1g calculatioC'..s, including, .withoutlimitation, set backs, floor area ratio, lot size
a.'1d1cr fromage, as though t;.l.is Agree::le:lt did not exist.
4. Inriemrlifiot;Ql1. The City, or its Sllccessors and asSlgIlS, shall be liable and
responsible, to 6e ex:e:l: Fe~t:ed by law, far a."lY costs, liabilities, c!ai..-ns or d~1J.ages, including,
witl1ou! E.:ni:2.~on, re3..Scnable a=comeys' fees and disbursements at th.e trial level and all levels of
appeal, relating to death of or injury to pe:sor..s, or loss of or da..'i:age to property, inc...lrred by
Owners, the~ S":C:::ssors and/or assigns in title to the Easement Parcel, and resulting fro~ arising
out of, or i:-:'c...lrred in connection v..ith Lie use of the Easeme:lt Pared by tne public generally or by
the City, or its SUCcessors or assigns, and their respective invitees, agents, e:nployees, g'.les~s, lessees
or liee~s.ees lrl cor.."'Je::-.ion '""ith ti.e ~:l1e:!t he:-e:n gra."lted or s:..:ch use of the Easement Parcel. The
Cl:Y, or i:,S Successors a.'1d assigns shall defend any and all claims asseued against Owners, their
":..-.....
,....~........YaIZ':'
8
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successors and/or assigns, resulting from, arising out of, or ir.curred in connection with use or the
Easement Parcel by the public generally or by the City or the City's invitees, agents, empioyees,
guests, lessees or licensees in connection with the easement herein IZra.'1ted or s~c~ use of the
~ ~
Easeme:lt Parcel. In such event, the City shall be e:ltitled to select counsel of the City's 60ice to
defend the claim; provided, however, the Owners shall be permitted, at their cost a:1C eXtJense, to
retain independent counsel to monitor the claim proceeding. Notwithstanding anything contained
herein to the contrary, neither the City nor its successors or assigns shall be obligated or liable to
Ov..ners or any third parties for any COSts, liabilities, expenses, losses, claims or damages, including,
without limitation, reasonable attorneys' fees or disbursements at the trial level and all levels of
appeal, in respect of third party claims re!ating to death of or injury to persons, or loss of. or darnage
to, prope:1y, and resulting from, arising out of or incurred in connection with the use of the Easement
Parcel by the public generally or by the Cir-j or itS successors a.."'!d assi~--s, a...-:d to!.;.e:: respective
ir:"v.itees, 1~s3ees, a':::::':3, e::ldovees, Z'.les-:s or Ece::sees i~ cor....-:ectica with the e~e=nent herein
- .. J _
granted or the use of the Easement Parce~ for a=J.ounts in excess oftb.ose limitations on the statutory
\va:v.... of" scv......;g... irr.rr":';~: c"o-.':d...,.J .._,J..... t:"'10~,J.., C::.~....... ~ 7c~.'< "3 (or a::v S'J.C-aSS"'f st"'~'.e
.... ....-.. .~ --. .' ..- .....~"'... .....- ~~.:.~-_.:: ~.- .....'" '" ----
there:o), or in resoe::t of C:a.:UlS res-.llt;n~ rroI:l the i'1'Ce::tlonal or c.e~iilZent ac'Cs of Owners, the:r
.. -... - -
SUccessors a..1.C assi~s, and their officers, i.'1'vitees lesse:s emclcve:s, a2:e:lts, guests, lice:lSees Of
- J '.. J _
co ntracto rs.
5 E. A '. . .
. 1'1tlre ~r;:aer"1er't A :-:-le"',.,m!""1r \V~iver.. Tbs Agree::1e:rt cor.stltutes t::e e:r'C:re
agreement between the parties hereto relative to S".Jbject matter hereof, and a..'1y agreement or
relJresentation which is not expressly set for.:h herein a..'1d covered hereby is null a:;.d void. Ex:e?t
as se= for..., herein, ther: are roo prar..ises, reo rese:1tatio ns, or unders:ancii:1!Zs ber-wee:l the par-ies of
. -
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9
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any kind or nature whatsoever. Any ame~dmem, modification, or supplement to this Agreement
must be in writing and executed by the Owners and the City. Waiver by either party of any breach
of any term or provision hereof shall not be deemed a waiver of any subseque:lt breach of the same
or any other term or provision hereof
6. CnlJnterp2.rt~. This instrume~t may be executed in any number of counterparts, each
of which shall be deemed an original for all purposes and all of which shall be one and the sa.."!le
document.
7. Severability. If any provision or portion thereof of this Agreement is declared or
found by any court of competent jurisdiction to be unenforceable or null and void, such provision
or portions thereof shall be deemed stricken and severed from this Agreement, and the remai~g
provisions and portions thereof shall continue in full force and effect. If a portion is so st..-icken, it
is the intention of t.;.e par-Je~ that the Court give suc~ prOvision its ne:ues. valid and legJ.! me:ming.
8. CMAier nf'La~;..r. This A3!"ee:!lent s...1.all be COns"....-ued and gave~ed in accordance with
the laws of the Stat~ of Florida without application of the coo..tlic: of law principles. All of the
par:ies to t~s Agree:r.e:lt have participated f..:lly in the negotiato:: a:::d preparation hereof; and,
accordingly, this Ag:-eernem shall not be more stric-Jy construed against anyone of the par-..ies
hereto.
9. Nnrices. I\ny notices required or penni~ed to be given under this Agreements shall
be in writing and shall be deemed to have been given if delivered by ha..."1d, se:1t by recognized
overnight courier (such as Federal Express) or mailed by cer-J.5ed or r~gistered mail, re~rn re::etpC
requested, in a postage pre?aid e:1veiope, a.'1d addressed as follows:
If to the City at:
1700 Convention Center Drive
'''-'~&aA'''.a:z''
10
"'0-
_OJ
rvliami Beach. Flo rida 33 139
An.: City Manager
\Vith copies to:
1700 Convention Center Drive
~liami Beach, Florida 33139
An.: City Attorney
and
Steel Hector & Davis LP
4000 First Union Financial Center
Nfiami, FL 33131
An.: Thomas V. Eagan, P.A.
If to Owners:
404 Washington Avenue
. Miami Beach, Florida 33139
Attn.: Margaret Nee
'With a copy to:
Greenberg, Traurig, P.A
1221 Brickell Avenue
Miami, Florida 33 13 1
An.: Matthew B. Gorson, Esq.
"~:_':-~
.:_.......!f
Notices oe:-sor.a!ly delive:-ed cr sent bv cve:nililit courie: shall be deemed Q;iven OIl the date
. J _ _
of delive:y a.-;.d notices mailed in accordance \'lIith the foregoing shall be deeril."ed given three (3) days
after deposit in the U.S. mails. A party may chac.ge its address by sending a notice of such Cna!lge
in accordance wit.'1 the provision of this Paragraph.
IN 'WITN'ESS WHEREOF, Owners and the City have executed this Agr~~ent as of the
date fir~ wrinen above. 0
SlJN & FUN, me., a F10nda corporation
Na..-ne:
By:
Na..-ne:
Title:
Name:
\ : ~.
,.
...:......
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n._...... a:
11
...
Miami Beach
Redevelopment Agency
1700 Convention Center Drive
Miami Beach, Florida 33139
Telephone: (305) 673-7193
Fax: (305) 673-7772
TO:
FROM:
SUBJECT:
REDEVELOPMENT AGENCY MEMORANDUM NO. 't''i - 2.8
Chairman and Members of the Board
of the Miami Beach Redev opment Agency
DATE: May 26,1999
Sergio Rodriguez
Executive Director
A RESOLU'F OF THE CHAIRMAN AND MEMBERS OF THE MIAMI
BEACH REDEVELOPMENT AGENCY APPROVING AMENDMENT NO.2 TO
THE AGREEMENT BETWEEN THE MIAMI BEACH REDEVELOPMENT
AGENCY AND KIMLEY-HORN AND ASSOCIATES, INC., APPROVED
UNDER RESOLUTION NO. 314-99, FOR PROFESSIONAL ENGINEERING
AND LANDSCAPE ARCHITECTURAL SERVICES, IN THE AMOUNT NOT
TO EXCEED $103,800 FOR SURVEYING, PREPARATION OF
CONSTRUCTION DOCUMENTS, BIDDING AND PERMITTING SERVICES
FOR THE WASHINGTON AVENUE ROADWAY EXTENSION, AS PROVIDED
FOR IN THE PORTOFINO SETTLEMENT AGREEMENT, TO BE INCLUDED
AS PART OF PHASE I OF THE SOUTH POINTE REDEVELOPMENT AREA
STREETSCAPE PROJECT AND APPROPRIATING $1 MILLION FROM THE
SOUTH POINTE TAX INCREMENT FUNDS FOR THIS WORK.
ADMINISTRA TION RECOMMENDATION
Adopt the Resolution.
BACKGROUND
On January 20, 1999, the City Commission authorized the Administration to negotiate an agreement
with Kimley-Hom and Associates, Inc. The Administration negotiated a not to exceed fee of$170,760
for the preparation of the final master plan and opinion of probable cost for the entire project. The
scope of services included in the initial phase of the work consisted of data collection and a review of
existing documents resulting in the preparation of a master plan and surveying for a portion of the Phase
I improvements, for which funding in the amount of$3.8 million was appropriated.
The South Pointe Advisory Board, at its May 4, 1999 meeting approved unanimously Amendment
AGENDA ITEM 3 h
DATE 5-2Lo-9:L
S()UTti f)()I~r:
l2edevelvpment Uistriet
CIIT Cr:~r:12
l2edevelvpment Uishiet
:0.
No. 1 to the Kimley-Hom agreement for construction documents for Phase I and reaffirmed the priority
listing for the project. On May 12, 1999, the Miami Beach Redevelopment Agency deferred approval
of Amendment No.1 to the professional services agreement with Kimley-Hom and Associates, Inc. for
Phase I of engineering and landscape architectural services, pending verification of the proposed
infrastructure improvements contained in Phase I scope of work. The Administration had negotiated a
. not to exceed fee of $389,100 for the preparation of construction document, permitting and bidding
services for Phase I of the project which includes 3rd Street from Michigan Avenue to Ocean Drive, and
W ashington Avenue from 5th Street to South Pointe Drive.
Additionally, final approval of the Porto fino DR! was received on March 1, 1999, thereby triggering the
start date for items with completion deadlines contained in the Portofino Settlement Agreement. As part
ofthis Settlement Agreement, the City is required to extend, within one year from the effective date of
the Agreement, W ashington Avenue from South Pointe Drive south to Government Cut, relocate
underground utilities within City right-of-way and construct roadway streetscape improvements
(Attachment No.1).
The proposed W ashington Avenue extension work, required under the Portofino Settlement Agreement,
was approved by the South Pointe Advisory Board at its May 20, 1999 meeting.
ANALYSIS
In order to meet the time frame set forth in the Porto fino Settlement Agreement, the Administration has
determined that the contract with Kimley-Hom and Associates, Inc. for the South Pointe Streetscape
Project should be amended to provide for professional engineering and landscape architectural services
required for the Washington A venue roadway extension work.
The Administration has negotiated Amendment No.2 to the professional services agreement with
Kimley-Hom and Associates, Inc. for engineering and landscape architectural services, which includes
surveying, preparation of construction documents, bidding and permitting services for the Washington
Avenue roadway extension work. The Administration has negotiated a fee of$23,000 for surveying and
master plan design, $58,000 for preparation of bidding and construction documents and $22,800 for
permitting services and associated project costs for a total amount not to exceed $103,800.
Original Contract
Amendment No. 1
Amendment No. 2
$170,760
$389,100
$103,800
Finalize Master Streetscape Plan and survey servicesIPhase 1.
Phase I - construction documents, permitting and bidding services.
Washington Avenue ExtensionIPortofino Settlement Agreement.
Survey, master plan, construction documents, permitting and
bidding services.
CONCLUSION
The Administration recommends that the Chairman and Members of the Redevelopment Agency Board
adopt the resolution appropriating the funding in the amount of$l,OOO,OOO and approving Amendment
No.2 to the agreement with Kimley-Hom and Associates, Inc. for professional engineering and landscape
architectural services, for the Washington Avenue roadway extension, to be included as part of Phase
I of the South Pointe Redevelopment Area streetscape project.
I
~~~~:t~.m',"A
......
,..
A Resolution of the Chairman and Members of the Miami Beach Redevelopment Agency Approving
Amendment No.2 to the Agreement between the Miami Beach Redevelopment Agency and Kimley-Horn
and Associates, Inc., Approved under Resolution No. 314-99, for Professional Engineering and Landscape
Architectural Services, in the Amount Not to Exceed $103,800 for Surveying, Preparation of Construction
Documents, Bidding and Permitting Services for the Washington Avenue Roadway Extension, as Provided
for in the Portofino Settlement Agreement, to be Included as Part of Phase I of the South Pointe
Redevelopment Area Streetscape Project, and Appropriating $1 Million from the South Pointe Tax Increment
Funds for this Work.
(Resolution in Legal- To be Submitted)
AMENDMENT NO.2
TO THE
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE
MIAMI BEACH REDEVELOPMENT AGENCY, FLORIDA
AND KIMLEY-HORN AND ASSOCIATES, INCORPORATED FOR PROFESSIONAL
ENGINEERING AND LANDSCAPE ARCHITECTURAL SERVICES FOR DESIGN OF
STREET IMPROVEMENTS IN THE SOUTH POINTE REDEVELOPMENT AREA
This Amendment No.2, dated as of lAflIA)..G. , 1999, to that certain Agreement, dated
October 21,1999, by and between the City~ch, Florida (City) and Kimley-Horn and
Associates (Consultant).
RECIT ALS
WHEREAS, Amendment No.2 to the original Agreement provides for surveying, master
planning, preparation of construction documents, pelmitting and bidding services for the Washington
A venue roadway extension project; and
WHEREAS, the Portofino Settlement Agreement requires the City to implement the
Washington Avenue roadway extension improvements within one year from the date of final DRI
approval which was March 1, 1999; and
WHEREAS, the City is proposing to include the Washington Avenue roadway extension
project as part of Phase I of the South Pointe Redevelopment Area Streetscape Project; and
WHEREAS, in order to meet the time line set forth in the Settlement Agreement, and
continue the same design and construction elements, the contract with Kimley-Horn and Associates
for the South Pointe Streetscape Project should be amended to provide for professionalengineering
and landscape architectural services required for the Washington A venue roadway extension work.
1. ABOVE RECITALS
The above recitals are true and correct and are incorporated as a part of this Second
Amendment.
2. MODIFICATIONS
The Agreement is amended as follows:
Exhibit "A", entitled "Scope of Services/Fee", is amended to add the following work
at the end of Exhibit "A".
Exhibit "C", entitled "Scope of Service/Fee", is amended to add the following work
at the end of Exhibit "C",
3. OTHER PROVISIONS.
All other provisions of the Agreement, as amended, are unchanged.
4. RATIFICATION.
The City and Consultant ratify the terms of the Agreement, as modified by this Amendment
No.2.
IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to be
executed in their names by their duly authorized officials as of the date first set forth above.
ATTEST:
MIAMI
BE~~DEVELOPMENT AGENCY
CHAIRMAN
_~r p~
By
SECRETARY
SEAL
CONSUL T ANT;. ,
KIML~ji~ ASSOCIATES, INC.
, /
B t " I!~.
Y I /1".//1 if: . ./
, ,....
Vice
PRESIDENT
ATTEST:
CORPORATE SEAL
SECRETARY
APPROVED p.S TO
FORM & LANGUAGE
& fOR EXECUT'ON
F'IWORKI$ALLIVGKICOMMEMOIOTHERIKHAA2 WPD
!WfdtW/~- ~
Cily Ntorfl/llY
"""'--n
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Kimley-Horn
and Associates, Inc.
Washin.10n Ave. Extension. May 10. 19'1'1. Pa~e I
Exhibit "A"
SCOPE OF SERVICES
Task 1 -Field Survey
Kimley-Horn and Associates will provide the following survey services:
1. Ground control (horizontal) will be established along the extension of Washington
Avenue and into the existing parking lot. The legal descriptions provided by the City
will be used to establish the centerline, east and west sides of Washington Avenue.
The centerline of the parking lot will be established based upon the physical
centerline of said parking lot.
2. Our survey personnel will review the legal descriptions and sketches for the
Washington Avenue extension, as furnished by the City, for use in establishing the
alignment in the field.
3. A bench level run will be perfonned and a bench mark will be set within the park.
The elevation of the bench mark will reference local Miami Bay Datum. This bench
mark will be set outside the limits of construction (where possible), and referenced
by station and offset to the center line of construction.
4. A field topography survey (survey points only) will be perfonned along the
Washington Avenue (to the water) (approx. 650') and extend eastward into the
existing parking lot (approx. 250'). The survey limits are to a point 10 feet beyond
the right-of-way (along Washington Avenue) and approx. 75' either side of the
parking lot centerline. A DTM will be developed for the project area. A topographic
Fi~r: 5;;~~~ will \:;~ c~ve!or:ed f~r the pdestrian prome!1.:lde are:l (in are:J.s where there
i5 no f:lS :er Ir:1:lg~).
.
.
5. The location, pipe size, rim and invert elevations will be obtained for accessible
drainage structures and gravity flow sewers within the project area. Confined space
entry surveys of structures will not be perfonned.
6. The above ground (surface) utilities associated with underground utilities (sucb as
valves, meters, fire hydrants, etc.) will be located.
This work does not include obtaining title information and identifying e:lSements.
Task 2 - Master Plan/Schematic Design Phase
This phase includes those services necessary to prepare concept drawings and other
documents illustrating the general scope, scale and relationship of the project
compone~,ts. \Ve \vilI review applicable local ordimnces, and review the City's design
~=n
Kimley-Horn
and Associates, Inc.
Washin.'lon Ave. E.<tension. May 10. 1'1'19. Pa~e 2
and budget criteria to establish the project program and design objectives. The
Schematic Design drawings will include the following:
1. Project/South Pointe Park entries and special features
2. Site pedestrian and "special" paving
3. Landscape P(antings
4. Project entry identification signage
5. Landscape and feature lighting
6. Landscape irrigation
7. Site furnishings (planters, seating, trash receptacles, etc.)
8. Project relationship to adjacent developments
9. Project relationship to Washingtonl3rdlEuclid Plaza site
10. Design criteria established by the City, the South Pointe Park Charrette (prepared by
DPZ), The South Pointe Park Master Plan (prepared by B&A) and other relevant
studies as supplied to the design team
11. Preparation of a schematic level estimate of probable construction cost.
12. Participation in a schematic design workshop with the Client and DPZ for the
purpose of reviewing the schematic level design effort.
Task 3 - Construction Documentation
3.1 Design Plan
Our current Raster aerial imager; is adequate to include the area containing the road
modifications, however it does not include the pedestrian promenade. We propose
providing existing base mapping, for the pedestrian promenade, through standard survey
procedures. A base map of the existing conditions will be prepared, at a scale of I" = 40'
(11" x 17"). utiliz:ng the e:<i5~:ns R.:!st~:' u~:-i.:!l i::;:lg~ry (oCt:l:r.-ed for Phase I), additional
f~~c! s'-lr..ey u;.c t!;;~ a?~r.)..._e'i (h~ Mas~~r Piar:. \-','e wiii d~"e:o? a 30'% design plan based
upon the approved ty:pical sections developed during the master plan process. The basis
for design will be the approved master plan, Dade County Design Standards and FOOT's
design standards as found in The Roadwav and Traffic Design Standards dated 1994.
A meeting will be scheduled with City of Miami Beach staff to review the 30% design
plans. The purpose of the meeting will be to review the 30% plan, solicit commen.~s
from City staff and SPAB representatives. During this meeting the street, parking lot and
pedestrian promenade lighting illumination level(s) will be established based on the
City's standards for this area. Following this meeting, KHA will provide a layout of
lighting based on the recommended illumination levels and standard City of Miami
Beach pedestrian pole and luminaire.
Two copies of the approved 30% design plan will be forwarded to each utility company
known to operate in the vicinity of the project. Each utility company will be requested to
return one set of redl ined plans, identi fying the horizontal and ve:-ticallocation of their
facilities, to the engineer. The engineer will log in each set of plans when returned by the
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Kimley-Horn
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W",hinb'10n Ave. ExtensIon. May 10. 19'1'1. Pa~e 3
utility companies. This information will be added to the plans. We will attend up to two
meetings with City staff and the utility companies to review the project and potential
impacts to the utility owners.
Plans preparation will progress from 30% to 90% and then final plans. In general, the set
of design plans will contain the following information
1. Horizontal alignments and geometric improvements will be detailed on the Raster
aerial and survey plan sheets.
2. Proposed mainline, traffic circle and parking lot profiles will be developed.
3. Revisions to the existing drainage system that will include construction notes and
details. Our drainage sub-consultant, CH2M Hill, will determine drainage
requirements for both water quantity and quality, provide Kimley-Horn with final
hydraulic design calculations, assist with the layout of the inlet/pipe/well systems,
and prepare the pennit applications. Kimley-Horn will use the hydraulic calculations
to establish the systems pipe invert elevations to avoid as many of the existing
utilities as possible. Kimley-Horn will then draft the proposed drainage design and
details into the plans. A copy of the preliminary plans will be furnished to CH2M
Hill for their review and comment. Our geotechnical sub-consultant will provide all
subsurface investigation and testing information to CH2M Hill for their use in
designing the drainage system.
4. Existing utility information, as obtained during survey data collection and the
infonnation provided by the respective utility owners, will be added to the plans.
5. Sig!1ing a:1d paveme:1t marking pbns wiil b~ prepred a: a s;;ale of l" = 40' (11" x
IT').
.
6. Landscape and irrigation plans with the summary of quantities, necessary
construction details and specifications.
7. Street lighting plans that will include a pole summary, wiring schematics, pole
details, and service point details. Proposed street light poles, conduit, service ppints
will be shown On the roadway construction plans.
8. NPDES erosion 'control plans.
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Construction Documents
The plan set will include the following:
1. Plan anc profile shee:s for the extension of W ashington Avenue and the existing
parking lot. One sheet each will be prepared overlaying the existing Raster imagery.
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Kimley-Horn
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Washin!;lon Ave. E..tension. May 10. 1999. Pa~e ~
These sheets wiII be prepared at a scale of I "=40' (based upon 11 "x 17" sized plan
sheets).
2. A typical section plan sheet. This sheet will include one typical section each for the
entrance road, the traffic circle and the existing parking lot extension.
3. Signing and Pavement marking plans. This information will be shown on one plan
sheet by placing the Washington Avenue and traffic circle infonnation on the top
half of the sheet and the parking lot information on the bottom hal f. These sheets
will be prepared at a scale of I "=40' (based upon 11 "x 17" sized plan sheets).
4. An NPDES erosion control plan sheet that details the implementation of erosion
control measures. This sheet will supplement the general details prepared for phase
1.
5. Landscape Horizontal Control Plans - These sheets will be prepared at a scale of 1"
= 40' (11" x IT') and will detail the location of tree pits, landscape materials, street
furnishings, pavers, and sidewalk treatments.
6. Special Feature Enlargements and Associated Special Details - Provide details and
infonnation at plaza feature which cannot be conveyed completely on horizontal
control plans.
7. Typical Sections and Area Enlargements - Provide details and infonnation at special
features which cannot be conveyed completely on the Horizontal Control Plans.
8. Irrigation and Electrical Plans - These sheets will be prepared at a scale of 1" = 40"
(11" x 17") and wi1\ identify irrigation requirements, location of irrigation lines and
control equipment as well as electrical service point locations.
9. Hardscape, Softscape, Irrigation, and Electrical Details - Details required for
implementation ofc..'1e design.
10. Miscellaneous Details - Construction details.
11. Lighting Service Point detail.
12. Pole Data and Coded Notes - Sheet will identify street light poles, their lighting
c:rc:;it, mountlng height and wattage as well as the codd notes for the wiring
s,:~~::-::.l:l:~
1.3. Special Lighting ~etai! sheet.
14. Miscellaneous Roadway and Drainage Construction details - These sheets would
include special details for roadway and drainage construction elements that are not
standard Miami-Dade County or FOOT construction details.
Plan set summary of estimated sheets: 1
Typical Sections
Plan and Profile Sheets
Signing and Pavement Marking Plan
Landscape Horizontal Control Plan
Special Feature Plaza Enlargement
Typical Sections and Area Enlargeme:1ts
Irrigation and Electrical Plans
Hard/Softscape, Irrigation and Electrical Details
MisceUaneous Detai Is
Lighting Service Point Details
1
2
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1
1
I
1
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Kimley-Horn
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Washington Ave. E.~tension. May 10. 1'19'1. PJge S
Pole Data and Coded Notes I
Special Lighting Details I
Miscellaneous Roadway and Drainage Construction Details 2
NPDES Plans 1
Total Number of Sheets 18
Task 4 - City Water and Sanitary Sewer Relocations
The Consultant will provide construction documents for the relocation of a 12"
watennain from the existing easement along the Porto fino tower to the proposed
extension of Washington Avenue. Additionally, the existing 8" gravity sanitary sewer
will be relocated from its existing location along the Portofino tower to the extension of
Washington Avenue. The proposed vertical alignment of the sanitary sewer relocation
will be limited to the elevations of the inverts of the existing manholes at either end of
the roadway relocation. Any modifications to the vertical alignment that will require
additional manholes or piping beyond what will be required for the roadway relocation
will be considered additional services.
2.1
The Consultant shall collect existing utility and as-built data from the City. The
existing data will be reviewed and compared to the survey topographic
~nformation. Existing data will be plotted on the base sheets as needed for design
purposes.
2.2
The Consultant shall design and prepare plans for the watennain and gravity
sanitary sewer relocations in the locations noted. Both horizontal and vertical
design will be submitted along with the applicable details.
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Th~ Consuldnt s:,all prepare specifications that describe the details of materials
,
to be used and payment methods for the project. A bid package that will list the
description and quantities of the materials to be used for construction will also
be provided for the City to utilize for bidding purposes and for opinions of
probable construction costs.
Task 5 - Utility Coordination
We will meet with each of the utility companies and coordinate the development of our
plans in conjunction with their facilities. The public utilities will be responsible for the
relocation of th~ir facilities (if required) and the preparation of construction documents
associated with their scope of work. Kimley-Hom will identify and outline a schedule
for the public utilities and coordinate when their work needs to be in place prior to the
City's contractor proceeding with the work identified within these scope of services.
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and Associates, Inc.
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Kimley-Horn has no control o.ver the schedule of the private utility companies who will
be providing construction documents for this task.
Task 6 - Permitting
It is anticipated that penn its will be required for the roadway and park improvements
from the following agencies:
· DE~I- Water Quality Class II permit.
· DERL"I- Tree Removal permit
· HRS - Miami-Dade County Health and Rehabilitative Services
· W AS AD - Miami-Dade Water and Sewer Department
Kimley-Horn will meet with DERM to review the project as it relates to potential tree
removals. Specific penn it issues identified at the review meeting will be addressed
during the preparation of the plans. Kimley-Horn will prepare the penn it application
associated with the tree removal and forward the applications to the City for signature.
The signed permits will be returned to the Engineer for submittal to DERM. The
Consultant shall prepare and submit penn it applications to the Dade County Health &
Rehabilitative Services (HRS) for the relocation of a watermain and W ASAD for the
relocation of the sanitary sewer line. All pennit fees will be paid directly by the City and
are not included in the fee below. Any significant plan revisions, additional meetings or
coordination will be considered as Additional Services.
A hydraulic analysis "vill be conducted on the project area. During the analysis, the
volume of storm water runoff will be calculated from the design stonn, the capacity of
the existing storm water collection system will be evaluated. Following the calculation of
excess storm water volume, an analysis of will be conducted to establish a method to
j:'~G'..icc \V:l:~~ C;U:l!i~; t:e:ltr;.~nt g.Jals. Var;ous me:hcds including on-site disposal, oil-
water separator~, and! sedimentation sumps, wiil be evaluated to provide water quality
treatment goals within the project area.
Following the hydraulic and pollutant load analyses, we will prepare a conceptual design
for improvements to the storm water collection and disposal systems within the project
area. Tne conceptual design will include locations and capacities of catch basins and
localized dispos;].l systems (e.g., French drains and drain;].ge wells), a listing of details to
include into drainage features.
Prior to beginning the final design and permitting process, we will conduct a pre-
application meeting with the DERL\-l. During this meeting, the conceptual design will be
revie\ve::. Meeting minutes will be prepared.
An Environmental Resources Penn it (ERP) application will be prepared for submittal to
DERM. The package will consist of the permit application form, pre- and post-
development runoff calculations, and the engineering drawings. We will conduct an
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application meeting at the time the application is submitted and will respond to up to two
sets of review comments by the DERM. Application fees for the ERP will be paid
directly by the City. The pennit application fonn will not contain a Class II section for
any proposed wells. The Class II pennit will ultimately be obtained by the Contractor
separately prior to initiating work.
Task 7 - Sequence of Construction
A narrative will be included in the specifications that will outline the general sequence of
construction expected for the implementation 6f this project phase. The contractor will
be required to submit a phasing plan to the City that follows the above noted narrative
for the City to review.
Task 8 - Public Meetings and Presentations
Our proposal includes preparation and attendance at the following meetings:
· Schematic Design Workshop with City Staff and DPZ
· 30% Design Plan review with City staff.
· Two meetings with City staff to review schematic design for the selection of plant,
street furniture, and paving materials.
· Up to two coordination meetings with City staff.
· TWQ meetings associated with utility coordination.
· Meeting with FPL representative in the filed to establish service points for lighting
and irrigation.
· Up to two meetings/presentations to the SPAB.
Ad<:!:tlon:l! S~.ryices I
.
4
Upon your authorization, we will provide any additional services that may be required
beyond ~hose described in Task 1 through 8. These services may include but are not
limited to such items as the following:
· Preparation of right of way acquisition sketches or d.:scriptions.
· Significant redesigns of the drainage system to meet additional DER..'vl requirements.
· Conducting subsurface geotechnical investigations.
· Providing construction phase services.
· Preparation of pennit applications other than those identified in Task 6.
· Making traffic counts or undertaking other traffic related analysis.
· Traffic signal plans.
. Cross sections.
· Site contamination assessment.
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Kimley-Horn
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WJShinl.'lon Ave. E..tension. ~by 10. 1999. PJ~e g
COMPENSATION
We will provide the services described in Tasks 1 through 8 for the lump sum amounts
(not including direct expenses) outlined below.
Task Descriotion Lumo Sum Fee
KHA DPZ
1 S u rv ey .................................................... ..................... S8,5 0 0
2 Master Plan/Schematic Design ....:_,......................... S9,500 ...........S5,000
Sub Total.................................................................... S 18,000........... S5,000
Basic Services
3 Construction Documentation ................................ S55,000
4 City Water and Sanitary Sewer Relocations .......... S3,000
Sub Total .................................................................... $58,000
Specialty Services
5 Utility Coordination ................................................. $3,000
6 Permitting .................................................................. $7,800
7 Seq uence of Construction ......................................... $ 1 ,000
8 Public Meetings and Presentations ..........................$4,500
Sub Total.................................................................... $ 16,3 00
Reimbursements
G eo tee h n ical .............................................................. 54,000
Direct Expenses ........................................................ 52,500
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Exhibit"C"
SCHEDULE
We will provide the services outlined in task 1 through 8 in accordance with a mutually
agreeable time frame between the City and Kimley-Hom to coincide with the South
Pointe Phase I submittals.
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